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HomeMy WebLinkAboutR-88-0416J=E8=4$5 BESbUUTtON No. 148-416 A RESOLUTION VACATING, DISCONTINUING AND ABANDONING A STORM SEWER EASEMENT AND RETURNING SAME TO PRESENT OWNERS LOCATED IN LOTS 7 AND 8, BLOCK 2 OF RAY HARDY SUBDIVISION AS RECORDED IN PLAT BOOK 6 AT PAGE 65 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BOUNDED BY N.W. 23 STREET, N.W. 24 STREET, N.W. 17 AVENUE AND N.W. 15 AVENUE AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED THEREFOR. ' WHEREAS, a request has been made to vacate, discontinue and abandon a twenty five (251) foot storm sewer easement granted to the City of Miami in 1959 as recorded in O.R.B. 1427 P. 343 of the Public Records of Dade County, Florida; and WHEREAS, said easement which lies within Lots 7 & 8 of Block 2 of Ray Hardy Subdivision as recorded in Plat Book 6 at Page 65 of the Public Records of Dade County, Florida, is not being utilized by the. City of Miami nor any utility company; and WHEREAS, the storm sewer within said easement has been rerouted to N.W. 17 Avenue and N.W. 23 Street through a box culvert and the twenty five (251) foot easement no longer is necessary; and WHEREAS, it has been determined that it would not be detrimental to the interest of the City of Miami to relinquish the aforesaid easement, and any refusal to do so would prevent the present owners from utilizing the property for ,its highest and best use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION.OF THE CITY OF MIAMI, FLORIDA: Section 1 The City of Miami does hereby release the 25 foot wide portion of Wagner Creek storm sewer easement running CITY COMMISSION MEETING OF MAY 121988 RESOLUTION NO. 88-416 q1w L = 11. �N' diagonally aerboa Lots 7 and 8 of Block 2 of Ray Hardy Subdivision as recorded in Plat 13ook 6 at Paige 65 of the Public Records Of bade Countyl Florida, lying in an area bounded by N.W. 23rd Streets N.W. 24 Street, N.W. 15 Avenue and N.W. 17 Avenue and recorded in O.R.B. 1427 P. 343 of the Public Records of bade Countyt Florida. Section 2. The City Manager and City Clerk are hereby authorized and directed to execute a quit claim deed releasing the aforesaid easements in favor of the appertaining owners of record$ HUGHES SUPPLY, INC. PASSED AND ADOPTED this 12th day of - jMay 1988. ATTEST: PREPARED AND APPROVED BY: x:1W-1C'Cr � - e0fale'le-- ROBERT F. CLARK * Chief Deputy City Attorney APPROVED"..fS TO FORM AND CORRECTNESS: LP IV A. DOUGHERTYp City Attorney XAVIER L. SUAREZ,<,) YOR 777 ` CITY OF MIAM1, r=LoRIbA 1.Ni .�jZ.W10E MEI90(RANCUM t 1�✓1�. r t tC, Fatty Hirai June 22, 1088 PILE: City Clerk SUBJECT: Quit=C l 8 lm Deed {, 1 ' I -; City to Hughes Supply Inc. FROM: REFERENCES: Dopald W. Cather D I . ec or,,9,t._Plu," yorkS ENCLOSURES: COpy of Deed For your records, enclosed is a copy of the recorded Quit -Claim Deed whereby the City relinquished all right, title and Interest to a storm sewer easement tha no longer needed by the City. This document was p pared, exec t and recorded pursuant to City Commission Resolut on No. 88-416 wh ch was adopted on May 12, 1988. DCB:gc 15_ • 4 s Pj 61i� t �t e r t 1988�\4 16 AM11159 88R 2*3855 R i Fr 137 18 P; 272 THE CITY OF MIAMI COUNTY OF DADE, STATE OF FLORIDA Tan Qw-CtAim Dzw. trade this_ t!5_. day of u n `_;_,__.... 19 _. by and between THE CITY OF MIAMI. a municipal corporation of the State of Florida. in the County of Dade. of the fast part. as grantor. and EUG2iEEU UUPPLY !!X. 14U0 IJ. W. 110 Avenue ; arn1, 1,— _ � 1,62 of the County of_._.._.I)zde--.-.- in the State of-- Z19.r �'sl._ , of the second part. as grantee (the word "grantee" meaning either singular or plural and including the heirs. assigns, personal rep- resentatives and successors thereof, where the contest so requires or admits); Wrrxz=TH: That the grantor. for and in consideration of the sum of One Dollar ($1.00) paid by the grantee. the receipt whereof is hereby acknowledged. and other valuable considerations. has remised, released and quit -claimed. and by these presents does remise, release and quit -claim unto the said grantee. all the right. title. interest, claim and demand which the grantor has in and to the following described land. situate, lying and being in the County of Dade. State of Florida. to -wit: Commence at the Southwest corner of Lot T, Block 2, as shown on the Plat of RAY HARDY SUBDIVISION, as recorded in Plat Book 6 at Page 65 of the Public Records of Dade County, Florida; thence run Eastwardly along the Southerly boundary of Lot 7 as shown on the aforementioned Plat of RAY HARDY SUBDIVISION, a distance of 35.82 fee8 to the point of beginning; thence deflecting to the left 120 10' 25" run Northwestwardly a distance of 165.4 feet, more or less, to a point, said point being on the Northerly boundary of Lot 8,. cluck 2, and 3.13 feet East from the Nortnwest corner of Lot 8, Block 2, as shown on the aforementioned Ple of RAY HARDY SUBDIVISION; thence deflecting to the right 120 109 23- run Eastwardly along the Northerly ooundary of the aforementioned Lot 8, Block 2, a distance of 26.9 feet to a point; thence deflecting to the right 590 49' 35" run Southeastwardly a distance of 136.0 feet, more or less, to a point, said p ln,,; being on the Easterly boundary of Lot 7, Block 2, as shown on the aforementioned Nat of RAY HARDY SUBDIVISION; thence deflecting to the right 29 59' 25" run Southwardly along the Ealterl� boundary of Lot 7. Block 2. as snown on the aforementioned Plat of RAY HARDY SUBDIVISION, a distance of 25.4 feet to a point, said point being the Southeasterly corner of Lot T, Bloci: 2. as snSwn on the aforementioned Plat; thence deflecting to the right 90 111 00" run Westwardly along the Southerly boundary of ►he aforementioned Lot 7, Block 2, a distance of 14.2 feet to the point of beginning. To HAva AND io Rota the same together with all and singular the appurtenances thereunto belong- ing or in anywise appertaining, and all the estate. right title, interest and claim whatsoever of the said grantor either at law or in equity, to the only proper use and benefit of the said grantee forever. rCG'J111^!11� i' �'•'"',^3 Col(sCE.� �^•"'' J � Ix WrrN= WHzmr.'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 its City Clerk, both thereunto duly authorised, this..i.5�day of .......... ...... .... ......, 19..V Signed. sealed and delivered in the presence of :.:......:................ J � I % J� �l L"�t�I�t THE OF MIAMI .js City. Manager i ATTEST As City Clerk RB-416 titY OP MIAMI. IrLOIRibA INTER -jWw5ONOUM to Matty Hirai June 13; 1988 EiLE City Clerk :fi.siOHdEcr Quit Claim Deed for sit.Vacating Easement Donald W. Cat_ her Res, No. 88-416 Dire r o W rks Quit Claim Deed (City tq(�' ENCLOSUhES to Hughes Supply Inc.) As per Resolution No. 88-416 (copy attached),, we have prepared the necessary quit claim deed to vacate a portion of a storm sewer easement that is no longer needed by the City. The deed has already been signed by the City Attorney and must now be signed by the City Manager, the City Clerk, two witnesses and a notary public. Please return the document to Public Works after it has been executed. DCB:mw , I � 91 moo e1TV OF MIAMI. PL61RIOA INMO-CII'FIC19 MEMOaANOUM ro. Honorable Mayor and Members Wit: OIL of the City Commission's ��� I. 5ubitet: Resolution Vacating and Releasing a Storm Sewer Easement f pOM pEr•ERENCES: Cesar H. Odio V City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution vacating a Storm Sewer Easement and approve the recording of same in the Public Records of Dade County, Florida. BACKGROUND: The Department of Public Works in an effort to improve storm drainage in the Allapattah area and comply with the City's Storm Drainage Master Plan, recently rerouted an open ditch and closed • pipe portion of Wagner Creek converting it to a concrete box culvert system in N.W. 17 Avenue and along N.W. 23 Street. The storm drainage waterway was originally dedicated to the City through a grant of easement on April 2, 1959. Since there is no longer a need for the original storm drainage conveyance system, it is recommended that the easement be vacated and the encumbrance removed from the private property. Attachments: Proposed Resolution Sketch of Easement Exisr. t7o" cak //7&r,44 AVIV P9 `10 5r. . 2S"" EAS�it�l�"Nr Fo,P k V,4 44"/VEP irPlroe T<1,PU L4T5 7 fe) d3L oc, c?, R-4Y11,9,POY 541,601Y15/OAV A9,rP4, CO aY DE -PA e rME'Nr Of 6N4:;/NSFTR1N4*- .0 / r V O F M/4M/, FL 01PAOA DATE-.' MW V, /V 59 60AZC. /"- eO' CNP/5T/_AAfSfA! Coe' S /3- S9 . PI WAe 1 88-416 �rsc. �7