HomeMy WebLinkAboutR-89-0522J-89-465
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RESOLUTION NO.
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
FOR A PEDESTRIAN SCALE SIDEWALK AND LANDSCAPE
ILLUMINATION SYSTEM EXECUTED BY RUSSELL K.
ATTIN AND MYRNA ATTIN, HIS WIFE CONCERNING
THAT PROPERTY DESCRIBED AS BEGINNING AT A
POINT 166.8 FEET WEST OF THE SOUTHEAST CORNER
OF BLOCK 14 OF "EDWARD PENT HOMESTEAD", THENCE
NORTH 221 FEET, THENCE WEST 55 FEET, THENCE
SOUTH 221 FEET, THENCE EAST 55 FEET, TO THE
POINT OF BEGINNING AS RECORDED IN PLAT BOOK A
AT PAGE 45 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
WHEREAS, Russell K. Attin and Myrna Attln, his wife
(hereinafter referred to as "OWNERS"), did make, execute and
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 784 of
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:
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
)N No. 89-�
INU
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Section 2. That Agreement and Covenant To Run With The
Land, recorded In Official Record Book 10269 at Page 784 of the
Public Records of Dade County, Florida, executed by Russell K.
Attin and Myrna Attin, his wife, relating to that property
described as beginning at a point 166.8 feet west of the
southeast corner of Block 14 of "Edward Pent Homestead", thence
north 221 feet, thence west 55 feet, thence south 221 feet,
thence east 55 feet, to the point of beginning, 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.
ATTES
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MATTY HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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PREPARED AND APPROVED BY:
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members of DATE ... MAY 3 0 1989 FILE
the City Commission
sueUECT . Release of Covenants
To Run With The Land,
"Coconut Grove Arcade"
FROM REFERENCES
Cesar H . Od l o ENCLOSURES: Resolution
Clty Manaaer
RECOMMI=NDATION:
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 lie 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 rats 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 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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RELEA5E'OF AGREEMENT AND COVENANT RUNNING WITH THE LAND
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WHEREAS, Russell K. Attin and Myrna Attin, his wife
(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 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
l
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 784 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, a-nd 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: Beginning at a point 166.8 feet
west of the southeast corner of Block 14 of "Edward Pent
Homestead" thence north 221 feet, thence west 55 feet, thence
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south 221 feet, thence east 55 feet to the point of beginning, as
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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.
's Signed, sealed and delivered:
CITY OF MIAMI
BY:
C�Es—At�N. D
CITY MANAGER
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
I, an officer authorized to take acknowledgements, hereby
certify that on this day of 1989, personally
L" 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
�z act of the said municipal corporation.
o WITNESS my hand and official seal in said County and State
the day and year last aforesaid.
APPROVED AS TO FORM AND
CORRECTNESS:
JORNE L. FERNANDEZ
CITY ATTORNEY
Notary Public, State of FloFida
At Large
My Commission Expires:
APPROVED AS TO
CODE COMPLIANCE:
ITNO R S
ACTING DIRECTOR
DEPARTMENT OF PUBLIC WORKS