HomeMy WebLinkAboutR-85-1204J-85--1171
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RESOLUTION NO. �u="'�of.
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A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY CANCELING THE AUGUST 27, 1971, COVENANT
TO RUN WITH THE LAND EXECUTED BY PHIL AND SYLVIA
WURTZEL AND LEJEUNE PROPERTIES, INC. RELATING TO
PERMANENT PAVEMENT AND FILL FOR A SUBDIVISION
ENTITLED "LEJEUNE PROPERTIES" (90-31).
WHEREAS, the City of Miami pursuant to Chapter 54 Section 54-20 of
the CODE OF THE CITY OF MIAMI required the owners to construct certain
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street improvements adjacent to his proposed subdivision in relation to
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the platting of his property.
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WHEREAS, on March 11, 1971 the City Commission passed and adopted
Resolution No. 42333 accepting the plat of LEJEUNE PROPERTIES; and
WHEREAS, the developers of LEJEUNE PROPERTIES executed a Covenant to
Run With The Land postponing the immediate construction of permanent
pavement and placement of fill; and
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WHEREAS, said covenant was subsequently recorded under Clerk's File
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No. 71R171610 on August 27, 1971 in the Public Records of Dade County,
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Florida; and
WHEREAS; subsequent to the recording of plat and covenant the
Department of Public Works let a contract for a highway improvement in
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this area known as LEJEUNE HIGHWAY IMPROVEMENT DISTRICT; and
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WHEREAS; the "City" provided the streets with permanent pavement and
assessed all the owners in the district their proportionate share; and
WHEREAS; since all the improvements are done there is no need for
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the aforesaid Covenant to remain in effect; and
WHEREAS; it is now in order for the "City" to cancel the aforesaid
Covenant to Run With The Land;
CITY CC- IMISSION
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MEE'IIiJG OF
DEC 19 1995
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RESOLUfIUV No—�--rto
REMARKS.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section I. The Covenant To Run With The Land executed by Phil and
Sylvia Wurtzel and LeJeune Properties, Inc. on December 3, 1970, be and the
same is hereby canceled.
Section 2. The City Manager and City Clerk are hereby authorized and
directed to execute an instrument formally canceling the aforesaid Covenant
and forward the executed instrument to the present owner or duly authorized
legal representative.
PASSED AND ADOPTED this 19th day of December 1985.
ATTEST:
SUAREZ
% MAYOR
MATTY PIRAI
CITY CLERK
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E
PREPARED AND APPROVED BY: APPROVED AS 100f000RaND CORRECTNESS:
ASSISTANT CITY ATTORNEY
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CANCELLATION OF COVENANT TO RUN WITH THE LAND
WHEREAS, LEJEUNE PROPERTIES, INC., Phil Wurtzel and Svlvia
Wurtzel, his wife and the City of Miami, a municinal corporation
of the State of Florida, as City, by order of*City of Miami
Commission Resolution No. 42333 passed and adopted on March 11,
1971 accepted the plat of LeJeune Properties.
WHEREAS, the aforesaid owners of LeJeune Properties in
conjunction with their plat entered into a Covenant To Run With
The Land postponing permanent pavement and fill until the area
was more fully developed.
WHEREAS, the aforesaid covenant was recorded under Clerk's
File No. 71R-171610 on August 27, 1971 in the Public Records.
WHEREAS, subsequent to the recording of plat and covenant,
the City of Miami let a contract for streets and sidewalks in
this area known as LEJEUNE HIGHWAY IMPROVEMENT DISTRICT and
assessed the adjacent property owners their proportionate share,
NOW, THEREFORE, in consideration of the fact, that all the
conditions of the aforesaid covenant having been met, and there
being no further reason for its continued existence, the City of
Miami does hereby cancel the aforesaid Covenant To Run With The
Land, thereby relieving the present owner(s) of any and all
liability thereunder.
IN 14ITNESS 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 City Clerk, both thereunto duly authorized, this day of
1985.
Signed, sealed and delivered The City of Miami
in the presence of:
Witness
Witness
As City Manager
Attest:
As City Clerk
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STATE OF FLORIDA )
COUNTY OF DADE )
I, an officer authorized to take acknowledgements, hereby
certify that on this day of 19 personally appeared
before me Sergio Pereira 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
act of the said municipal corporation.
WITNESS my hand and official seal in said County and State
the day and year last aforesaid.
My Commission Expires;
APPROVED AS ORM & CORRECTNESS
01 City tt ney
This Instrument executed
Pursuant to Resolution No.
Passed and Adopted
Notary Public, State o
Florida at Large
This Instrument Prepared by
Department of Law
ity of Man!, on a
85 -1204
CITY MIA MI. FLORIDA
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INTER-O FILE MEMORANDUM
Honorable Mayor and MembersVOV 9S
of the City Commission .ATE FILE
0(f'T I Resolution Accepting
Cancellation of Covenant
for LeJeune Properties-N.W.
11 Street-N.W. 44 Ave.
FROM Sergio Pereira
City Manager (For Commission Meeting of
,,, December 12, 1985)
The Department of Public Works
recommends the adoption of a
resolution formally canceling the
December 3, 1970 Covenant to Run
With The Land executed by Phil and
Sylvia Wurtzel relating to permanent
pavement and fill for the LeJeune
Properties Subdivision.
In 1970 the owners of LeJeune Properties entered into a
Covenant to Run With The Land in conjunction with the platting
of their property. The plat and covenant were formally
accepted by Resolution No. 42333 adopted on March 11, 1971 by
the City Commission. The plat and covenant were subsequently
recorded in the Public Records.
In 1973 the Department of Public Works ordered and confirmed
the LeJeune Highway and Sidewalk Improvement District (B-
4353). The requirements of the covenant were fulfilled under
this district and the owners of LeJeune Properties were
assessed their proportionate share.
Since all the conditions of the aforesaid Covenant have been
met, there is no need for it to remain in effect.
The Department of Public Works recommends that the City
Manager and Clerk execute an instrument formally cancelling
the aforesaid covenant.
DWC:WB:is
cc: Miriam Maer
Law Department
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