HomeMy WebLinkAboutR-89-0519J-89-468
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RESOLUTION NO.
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A RESOLUTION AUTHORIZING AND DIRECTING THE
CiTY MANAGER AND CiTY CLERK TO EXECUTE AN
INSTRUMENT FORMALLY RELEASING AND CANCELLING
THAT CERTAIN AGREEMENT AND COVENANT TO RUN
WITH THE LAND WITH REGARD TO THE ASSESSMENTS
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FOR A PEDESTRIAN SCALE SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY LEONARD RALBY,
PATRICK POTSAID AND JEROME D. BRYANT
CONCERNING THAT PROPERTY KNOWN AS TRACT 1 LESS
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THE EAST 5 FEET OF "EDWARD PENT HOMESTEAD
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REVISED PLAT OF RESUBDIVISION" AS RECORDED IN
PLAT BOOK 35 AT PAGE 53 OF THE PUBLIC RECORDS
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OF DADE COUNTY, FLORIDA.
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WHEREAS, Leonard Ralby, Patrick Potsaid and Jerome D.
Bryant, (hereinafter jointly referred to as "OWNERS"), did make,
execute and deliver to the City of Miami, a municipal
corporation, a certain Agreement and Covenant To Run With The
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Land;
and
WHEREAS, said Agreement and Covenant relates to the OWNERS
agreement with the City of Miami to accept the assessments for a
pedestrian scale sidewalk and landscape illumination system In
the Coconut Grove Business Area; and -
WHEREAS, said Agreement and Covenant was duly recorded on
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January 12, 1979, in Official Record Book 10269 at Page 792 of A.
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the Public Records of Dade County, Florida; and
WHEREAS, the OWNERS have complied with, and fulfilled the
terms of the aforesaid ,agreement and Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings set forth in the _
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Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth In this
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Section.
CITY COMMISSION 1
MEETING OF
JUN 7 j989
RESOLUTION No. 89- 19
REMARKS:
Section 2. That Agreement and Covenant To Run With The
:Land, recorded in Official Record Book 10269 at Page 792 of the
Public Records of Dade County, Florida, executed by Leonard
Ralby, Patrick Potsaid and Jerome D. Bryant, relating to Tract 1
less the east 5 feet of "Edward Pent Homestead Revised Plat of
Resubdivision", as recorded In Plat Book 35 at Page 53 of the
Public Records of Dade County, Florida, Is hereby released and
cancelled.
Section 3. The City Manager and City Clerk are hereby
authorized and directed to execute an Instrument formally
releasing and cancelling the aforesaid Agreement and Covenant,
and forwarding said executed Instrument to the Clerk of the
Circuit Court for recording In the Public Records of Dade County,
Florida.
Section 4. This Resolution shall become effective
Immediately upon Its adoption pursuant to law.
PASSED AND ADOPTED this 7th day of June 1989.
ATTEST
MATTY'HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
J RGE L. FE NANDEZ
C TY ATTORNEY
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YOR
PREPARED AND APPROVED BY:
ROBERT F. CLARRK
CHIEF DEPUTY CITY ATTORNEY
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l CITY OF MIAMI, FLORIDA
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INTER -OFFICE MEMORANDUM
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TO : Honorable Mayor and Members of DATE : MAY 3 �gp9 FILE
the City Commission
SUBJECT : Release of Covenants
To Run With The Land,
"Coconut Grove Arcade"
FROM : ✓ /`/ l REFERENCES:
"yr Cesar H . Od l O ENCLOSURES: Resolution
�= City Manager
RECOMMENDATION:
it is respectfully recommended that the City Commission adopt the
attached Resolutions releasing and cancelling Agreements and
Covenants To Run With The Land relating to the land lying within
the "Coconut Grove Arcade Subdivision".
BACKGROUND:
On January 12, 1979 the owners of properties which now Ile within
the "Coconut Grove Arcade Subdivision" executed Agreements and
Covenants with the City of Miami to accept the pro rats share of
the total expense of the Initial installation of a pedestrian
scale street lighting system within the Coconut Grove Business
Area.
In 1979, the City of Miami Installed the pedestrian scale street
light system within the Coconut Grove Business Area and the
owners of the properties which now Ile within the "Coconut Grove
Arcade Subdivision" were assessed their pro rata share of the
total cost. The owners have paid their - assessment and no
outstanding assessment liens remain on this property.
The Ilens having been paid and removed from the records satisfy
the requirements of the Agreements and Covenants To Run With The
Land relating to the properties which now Ile within the "Coconut
Grove Arcade Subdivision". The new owners of the property have
required "clear title" to the property including release of
z Agreement and Covenant To Run With The Land.
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RELEASE OF AGREEMENT AND COVE14ANT RUNNING WITH THE LAND
WHEREAS, Leonard Ralby, Patrick Potsaid and Jerome D.
Bryant (hereinafter jointly referrea to ds "OWNERS") did make,
execute and deliver to the City of Miami, a municipal
corporation, a certain Agreement and Covenant To Run With The
Land; and
WHEREAS, said Agreement and Covenant relates to the
OWNERS' agreement with the City of Miami to accept the
assessments for a pedestrian scale street and landscape
illumination system in the Coconut Grove Business Area; and
WHEREAS, said Agreement and Covenant was duly recorded
on January 12, 1979 in Official Record Book 10269 at Page 792 of
the Public Records of Dade County, Florida;
NOW, THEREFORE, in consideration of the fact that all
the conditions of the aforesaid Agreement and Covenant have been
met, and there being no further reason for its existence, the
City of Miami does hereby and herewith release, relinquish and
forever discharge the OWNERS, their heirs, successors or assigns,
of and from any lien, encumbrance, effect or requirement of the
aforesaid Agreement and Covenant To Run with The Land on the
following described property: Tract 1 less the east 5 feet of
"Edward Pent Homestead Revised Plat of Resubdivision" as recorded
in Plat Book 35 at Page 53 of the Public Records of Dade County,
Florida, and hereby directs the Clerk of the Circuit Court to
cancel the same of record.
IN WITNESS WHEREOF, the CITY OF MIAMI, a Municipal
Corporation of the State of Florida, has caused this instrument
to be executed in its name and its Corporate Seal to be affixed
hereto, by its City Manager and the City Clerk, both thereunto
duly authorized this day of , 1989.
Signed, sealed and delivered:
CITY OF MIAMI
BY:
CESAR H. ODIO
CITY MANAGER
ATTEST:
CORPORATE SEAL
MATTY HIRAI
CITY CLERK
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
I, an officer authorized to take acknowledgements, hereby
certify that on this day of , 1989, personally
appeared before me CESAR Il. ODIO and MATTY HIRAI, known to me to
be the City Manager and the City Clerk, respectively, of the CITY
OF MIAMI, a municipal corporation in and under the laws of the
State of Florida, and known to me to be the persons who executed
the foregoing instrument, and they severally acknowledged the
execution thereof to be their free and voluntary act and deed as
such officers, for the uses and purposes therein expressed and
that they affixed thereto the official seal of the said municipal
corporation, all by and with the authority of Law and of the City
Commission, and that the said instrument is the free and formal
act of the said municipal corporation.
WITNESS my hand and official seal in said County and State
the day and year last aforesaid.
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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Notary Public, State of Florida
At Large
My Commission Expires:
APPROVED AS TO
CODE COMPLIANCE:
ERNO ROSA
ACTING DIRECTOR
DEPARTMENT OF PUBLIC WORKS
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