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
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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.
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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.
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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
:.:......:................
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THE OF MIAMI
.js City. Manager
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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.
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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
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88-416
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