HomeMy WebLinkAboutR-89-0520J-89-467
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RESOLUTION NO.
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A RESOLUTION AUTHORIZING AND DIRECTING THE
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CITY MANAGER AND CITY CLERK TO EXECUTE AN
INSTRUMENT FORMALLY RELEASING AND CANCELLING
THAT CERTAIN AGREEMENT AND COVENANT TO RUN
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WITH THE LAND WITH REGARD TO THE ASSESSMENTS
FOR A PEDESTRIAN SCALE SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY COCONUT GROVE
CAMERA, INC. CONCERNING THAT PROPERTY
DESCRIBED AS BEGINNING AT A POINT 1505 FEET
WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST
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1/4 OF "EDWARD PENT HOMESTEAD", THENCE NORTH
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AT A RIGHT ANGLE FOR 221 FEET, THENCE EAST 25
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FEET, THENCE SOUTH 221 FEET, THENCE WEST 25
FEET TO THE POINT OF BEGINNING BUT LESS THE
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SOUTH 33 FEET FOR STREETS" AS RECORDED IN PLAT
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BOOK A AT PAGE 45 OF THE PUBLIC RECORDS OF
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DADE COUNTY, FLORIDA.
WHEREAS, Coconut Grove Camera, Inc., (hereinafter referred
to as "OWNER"), 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 -sidewalk 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 789 of
the Public Records of Dade County, Florida; and
WHEREAS, the OWNER has compiled 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:
Section 1. The recitals and findings set forth In the
Preamble to this Resolution are hereby adopted by reference
thereto and Incorporated herein as If fully set forth In this
Section.
CITY COMMISSION
MEETING OF
JUN �p7 1989
)N No. 89752 1,
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Section 2. That Agreement and Covenant To Run With The
Land, recorded In Official Record Book 10269 at Page 789 of the
Public Records of Dade County, Florida, executed by Coconut Grove
Camera, Inc., relating to that property described as beginning at
a point 1505 feet west of the southwest corner of the northeast
1/4 of "Edward Pent Homestead", thence north at a right angle for
221 feet, thence east 25 feet, thence south 221 feet, thence west
25 feet to the point of beginning but less the south 33 feet for
streets", as recorded In Plat Book A at Page 45 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:
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MATTY H AI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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RGE L. F RNANDEZ
ITY ATTOR EY
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PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
CITY OF MIAMi. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members of °ATE MAY 3 ; 1989 FILE .
the City Commission
SUBJECT : Release of Covenants
To Run With The Land,
"Coconut Grove Arcade"
FROM REFERENCES:
Cesar H . Od I 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 w'lth the City of Miami to accept the pro rate share of
the total expense of the Initial installation of a pedestrian
scale street lighting system within the Coconut Grave 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 lie within the "Coconut Grove
Arcade Subdivision" were assessed their pro rats share of the
total cost. The owners have paid their assessment and no
outstanding assessment liens remain on this property.
The Hens having been paid and removed from the records satisfy
the requirements of the Agreements and Covenants To Run With The t
Land relating to the properties which now lie within the "Coconut
Grove Arcade Subdivision". The new owners of the property have
required "clear title" to the property Including release of _=
Agreement and Covenant To Run With The Land.
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RELEASE OF'AGREEMENT'AND'COVENANT'RUNNING'WITH THE LAND
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WHEREAS, Coconut Grove Camera, Inc. ( hereinafter
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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 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
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illumination system in the Coconut Grove Business Area; and
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WHEREAS, said Agreement and Covenant was duly recorded
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on January 12, 1979 in Official Record Book 10269 at Page 789 of
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the Public Records of Dade County, Florida; .
NOW, THEREFORE, in consideration of the fact that all
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the conditions of the aforesaid Agreement and Covenant have been
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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 an lien, .encumbrance effect or re uirement of the
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aforesaid Agreement and Covenant To Run with The Land on the
following described property: Beginning -at a point 1505 feet
west of the southeast corner of the northeast 114 of "Edward Pent
Homestead" thence north at a right angle for 221 feet, thence
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east 25 feet, thence south 221 feet, thence west 25 feet to the
point of beginning but less the south 33 feet for streets, as
recorded in Plat Book A at Page 45 of the Public Records of Dade
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County, Florida, and hereby directs the Clerk of the Circuit
Court to cancel the same of record.
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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
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duly authorized this day of 1989.
Signed, sealed and delivered:
CITY OF MIAMI
BY: ... . . _
CESAR H. ODIO
CITY MANAGER
ATTEST:
CORPORATE SEAL
MATTY H R I
CITY CLERK
STATE OF FLORIDA)
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COUNTY OF DADE )
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I, an officer authorized to take acknowledgements, hereby
certify that on this day of 1989, personally
appeared before me CESAR H. 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.
Notary Public, State of orida
At Large
My Commission Expires:
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. NDE
CITY ATTORNEY
APPROVED AS TO
CODE COMPLIANCE:
ERNO ROSA
ACTING DIRECTOR
DEPARTMENT OF PUBLIC WORKS
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