HomeMy WebLinkAboutR-89-0521J-89-466
4-21-89
89 y`? l
RESOLUTION NO.
A RESOLUTION AUTHORIZING AND DIRECTING THE
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CITY MANAGER AND CITY CLERK TO EXECUTE AN
INSTRUMENT FORMALLY RELEASING AND CANCELLING
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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
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ILLUMINATION SYSTEM EXECUTED BY JEROME D.
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BRYANT CONCERNING THAT PROPERTY DESCRIBED AS
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BEGINNING AT A POINT 1588.3 FEET WEST OF THE
SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
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NORTHEAST 1/4 OF "EDWARD PENT HOMESTEAD",
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THENCE NORTH 221 FEET, THENCE WEST 28 FEET,
THENCE NORTH 110 FEET, THENCE EAST 28 FEET,
THENCE NORTH 65 FEET, THENCE WEST 55 FEET,
THENCE SOUTH 396 FEET, THENCE EAST 55 FEET TO
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THE POINT OF BEGINNING LESS THE SOUTH 33 FEET
THEREOF AS RECORDED IN PLAT BOOK A AT PAGE 45
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OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, Jerome D. Bryant, (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
1 the Coconut Grove Business Area; and
WHEREAS, said Agreement and Covenant was duly recorded on
January 12, 1979, 1n Official Record Book 10269 at Page 783 of
the Public Records of Dade County, Florida; and
WHEREAS, the OWNER has 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:
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 7 1989
RESOLUTION No.89.7 5.1
Sect Ion 2. That Agreement and Covenant To Run With The
®3E,> Land, recorded In Official Record Book 10269 at Page 783 of the
Public Records of Dade County, Florida, executed by Jerome D.
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= 8 Bryant, relating to that property described as beginning at a
=' point 1588.3 feet west of the southeast corner of the southeast
1/4 of the northeast 1/4 of "Edward Pent Homestead", thence north
' 221 feet, thence west 28 feet, thence north 110 feet, thence east
.; 28 feet, thence north 65 feet, thence west 55 feet, thence south
} , 396 feetthence east 55 feet to the point of beginning g less the
south 33 feet thereof, as recorded In Plat Book A at Page 45 of
the Public Records of Dade County, Florida, Is hereby released
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and cancelled.
Sect Ion 3. The City Manager and City Clerk are hereby
authorized and directed to execute an Instrument formally
aw,I! 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,
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Florida.
Section 4. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 7th day of June 1989.
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A
XAVIER L. SU REZ, AYOR
ATTEST:
MATTY H RAI, CITY CLERK
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APPROVED AS TO FORM AND CORRECTNESS:
J RGE L. ERNANDEZ
CITY ATTO NEY
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PREPARED AND APPROVED BY:
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ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members of
the City Commission
DATE MAY 30 1981 FILE
SuaIECT : Release of Covenants
To Run With The Land,
"Coconut Grove Arcade"
FROM REFERENCES.
(FCesar 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 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 lie 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 liens 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 lncluding release of
Agreement and Covenant To Run With The Land.
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RELEASE'OF`AGREEMENT AND'COYENANT RUNNING WITH THE LAND
WHEREAS, Jerome D. Bryant (hereinafter jointly 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 re.iates 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 783 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 OWNER, 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: Beginning at a point 1588.3 feet
west of the southeast corner of the southeast 1/4 of the
northeast 1/4 of "Edward Pent Homestead, thence north 221 feet,
thence west 28 feet thence north 110 feet, thence east 28 feet,
thence north 65 feet, thence west 55 feet, thence south 396 feet,
thence east 55 feet to the point of beginning, less the south 33
feet thereof, as recorded in Plat Book A at Page 45 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
C SAR H. OD
CITY MANAGER
ATTEST:
MATTY HIRAI
CITY CLERK
CORPORATE SEAL
89-521
LAW
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 M. ODIO and NATTY 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:
JORGEL. FERNANDEZ
CITY ATTORNEY
Notary Public, State of ida
At Large
My Commission Expires:
APPROVED AS TO
CODE COMPLIANCE:
ERNO R SA
ACTING DIRECTOR
DEPARTMENT OF PUBLIC WORKS