HomeMy WebLinkAboutR-89-0219RESOLUTION NO. 896721:rf
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE DIRECTOR OF THE PUBLIC WORKS DEPARTMENT
TO EXECUTE AN EASEMENT AGREEMENT, IN
SUBSTANTIALLY THE FORM, ATTACHED, FOR A
HOMEOWNER TO HAVE INGRESS AND EGRESS TO AND
FROM THE RESIDENCE LOCATED APPROXIMATELY AT
3924 HARDIE ROAD, MIAMI, FLORIDA.
WHEREAS, the owner of certain land described in the attached
easement agreement, Timothy W. Ross and his wife, Lauri Ross,
granted to the City of Miami a deed dated September 16, 1987,
duly recorded in ORB 13414, at Page 1726, of the Public Records
of Dade County, Florida, for the sole and singular purpose of
providing a public road right-of-way, including the installation
and maintenance of public utilities; and
WHEREAS, the owner is experiencing severe difficulties in
obtaining title insurance to the ten foot strip of the property
without obtaining back from the City of Miami an easement of
ingress and egress over the land described. in the easement
agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The, recitals and findings contained in the
Preamble to this Resolution are hereby approved, confirmed and
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adopted by reference thereto and incorporated herein as if fully.
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set forth in this Section.
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Section 2. The Director of the Public Works Department—Ll�£
is hereby authorized to execute an easement agreement, in
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ATTACE3t';IeEMYS
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MEETING pF4K
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substantially the form attached,
affording the grantee,
Timothy W. Ross and his wife, Lauri
Ross, their heirs and/or
successors, ingress and egress over
the public right of way
legally described therein and located approximately at 3924
Hardie Road, Miami, Florida.
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PASSED AND ADOPTED this 3rd day
of _March , 1989.
XAVIER UAREZ, MAYOR
AT T S
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
RAF L E. SUAREZ I AS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
OR L. FE DEZ
CITY ATTORNE
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EASEMENT -
KNOW ALL MEN BY THESE PRESENTS
That the City of Miami, a Municipal Corporation, P. 0. Box
330708, Coconut Grove Station, Miami 33233-0708, of the County of
Dade, in the State of Florida, herein called "Grantor," for and
in consideration of the sum of ONE DOLLAR ($1.00) and other good
and valuable considerations, this day in hand paid to it by
TIMOTHY W. ROSS and LAURI ROSS, his wife, "Grantee," receipt of
which is hereby acknowledged, does hereby give and grant to said
Grantee his heirs and/or successors the easement hereinafter
described across property owned by Grantor (as previously,
conveyed by Warranty Deed from Lang E. Baumgarten, a single man,
to the City of Miami, a Municipal Corporation, dated September
160 1987, and recorded in Official Records Book 13414 at Page
1726, Public Records of Dade County, Florida) for the uses and
purposes and upon the terms and conditions set forth hereinafter:
Grantor hereby gives to Grante3 an easement
across the North 10 feet of the following described
parcel of land, for use as an accessway for ingress and
egress to and from and between the parcel and Hardee
Road:
Begin at Northeast Corner of Lot 19 of -
LENNOX PARK as recorded in Plat Book 5, -
Page 89, Public Records of Dade County,
Florida; thence run East along the South -
line of Hardee Road for a distance of 132
feet for point of beginning; thence South
at right angles for a distance of 135
feet; thence East 15 feet more or less to
the Southwest corner of lands described in
Deed Book 3057, Page 585; thence North
along West line of lands described in the
above deed to South line of Hardee Road;
thence West along the South line of Hardee
Road to point of Beginning.
IN WITNESS WHEREOF, the Grantor hereunto sets its
hand and seal this day of , 1989 r
CITY OF MIAMI
Witness to Signature a Municipal Corporation
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t Print Name `
f' By: _ f.
Print ress Donald W. Cather
Director of Public Works '
Witness to Signature
rye.
APPROVED AS TO :3
f Print Name FORM AND CORRECTNESS
Print ress
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JorgeL. "
e rnan e z
City Attorney' 3}j
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Ar"rrmY 1 1
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STATE off' FUt)RTDA )
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BEFORE ME, the undersigned authority, personally appQared
Grr! f�' r41y1/a/9E'LL- i�� , of the city of Miami, Department of Pablic
Works ` who Ivijr authorizecl
# , ,! dulya:A d
swoni eno sed sayet2z as follows:
1. That fang E. Baumgarten, a single man, executed a deed,
j}{}{ dated ,r �/ •-' �i' • •dAIZOaecorded in official Records gook 3.
at Page r,� L _, of the Public xecor*3 of Dade vriunty,,
Florida, the City of Miami.
2, That the above-referenc xl Deed given in favor of the City_ of
Miami was required by the Public Works Department, in comection with the
issuance of a building permit.
3. 7Mt the Deed was granted for purposes of road right-af-way
and ZxW11c utilities that the ci.tyrs Frights undex the Deed are for the so1Q
purpose of right -of -way for road and public utilities.
City of Miami
By•
• SWORN TO AND SUBSCRIBED before me this day. of
1987.
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Notary Public, State of Plorida
IV Commission Expires:
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FEFl-2 1 —89 TUM 1 0 :07 PURL. 7 C WIKS.rPLrNG P 0:P
0TY OF MIAMI, f oniDA
INTER -OFFICE MEMORANDUM
to • Nonorab 1 e Mayor and Member3 o+►te : FEB
1989
1
of the City Commission F D
wwccT . Grant of Easement to
Timothy W, Ross
{gplN . RUIFRENCEa .
Cesar H. Odl
City ManagerxosunEa
RECOMMENDATION:
it Is respectfully recommended that the City Commission adopt the
attached resolution authorizing the Director of the Department of
Public Works to execute a grant of easement for Ingress and egress -
purposes to and from a residence located at approximately 3924
Hardie Road.
BACKGROUND:
a
The Department of PublIC Works has researched the nee6 to provide -
legal access to a certain property located at approximately 3924
Hardie Road. Due to difficulties in obtaining tItIe`'ineurlance to "'a,
ten foot strip of property at this address, the owners of record
Tlmothy W. Ross and Lauri Ross, have requested that the City grant
Ingress and egress rights over the land described in the easement
agreement. Previous attempts by the City to resolve this problem h`
through the execution of affidavits to the title company, were
unsuccessful. It Is apparent that the tl.tle. company will only
accept the execution of a legal instrument to clear this matter.. h°-
y'
The attached easement agreement will In no way relinquish or
compromise the City's authority to control the area described
within the easement for public purposes.
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