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Home My WebLink AboutR-85-1205a J-85-1.172 RESOLUTION N0. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT FORMALLY CANCELLING THE SEPTEMBER 2, 19719 COVENANT TO RUN WITH THE LAND EXECUTED BY FRANK L. KLEBBA, RELATING TO A TEMPORARY SANITARY SEWER FORCE MAIN SERVING THE APARTMENT BUILDING AT 1077 N.W. 44 AVENUE. WHEREAS, by order of Resolution No. 42763, passed and adopted by the City Commission on September 9, 1971, a permit was issued to Frank L. Klebba of Miami for the construction, maintenance and operation of a temporary fl- inch sanitary sewer force main, including the necessary appurtenances under the surface of the streets in the City of Miami, to serve the apartment building at 1077 N.W. 44 Avenue; and WHEREAS, the issuance of this permit was contingent upon the owner executing and delivering to the City of Miami a Covenant to Run With The Land which required disconnection from the aforesaid sewer and reconnection to the "City's" new sanitary sewer system whenever same was provided to serve the said apartment building as part of a future sanitary sewer district; and WHEREAS, this covenant which was executed and delivered to the City of Miami on September 2, 1971, was then recorded on October 7, 1971 under Clerk's File No. 71R200375 in the Public Records of Dade County, Florida; and WHEREAS, subsequently, when the "City" provided the new sanitary sewer system to serve the aforesaid apartment building, the owner made the required changeover to the full satisfaction of the "City"; and WHEREAS; since all the conditions of the aforesaid Covenant have been met there is no need f'or it to remain in effect; and WHEREAS, it is now in order for the City to cancel the aforesaid _ s Covenant To Run Witn The Land; p` NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, X FLORIDA: The Covenant To Run With The Land executed by Frank L. Klebba on September 2, 1971, be and the same is hereby cancelled. I Section 2. The City Manager and City Clerk are hereby authorized and directed to execute an instrument form ally canceling the aforesaid Covenant and forward the executed instrument to the present owner. ? PASSED AND ADOPTED this 19th day of December 1985• , f, /.,-- - . - ATTEST: XAVIER SUAREZ MAYOR 1 - !NATTY HIRAI i CITY CLERK PREPARED AND APPROVED BY: nnM*6-W-0 G. 4IHIAM MAER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -2- 85-1205 CANCELLATION OF COVENANT TO RUN WITH THE LAND WHEREAS, Frank L. Klebba, as "Owner", and the City of Miami, a Municipal Corporation of the State of Florida, as "City", by order of City of Miami Commission Resolution No. 42763, passed and adopted September 9, 1971, entered into that certain Covenant to Run with the Land dated September 2, 1971, which was recorded on October 7, 1971, under Clerk's File No. 71R200375, of the Public Records of Dade County, Florida. WHEREAS, said Covenant related to "Owner's" construction of a temporary 4-inch Sanitary Sewer Force Main including the necessary appurtenances under the surface of the streets in the City of Miami, to serve the apartment building at 1077 N.W. 44th Avenue, Miami, Florida, more legally described as Lots G & H, Block 2, of Le Jeune Garden Estates, according to the Plat Thereof; as recorded in Plat Book 40, at Page 85, of the Public Records of Dade County, Florida; and WHEREAS, said Covenant reauired "Owner" to disconnect from the aforesaid Sewer and Reconnect to the "City's" new Sanitary Sewer System whenever same was provided by "City" to serve said apartment building as part of "City's" future Sanitary Sewer District; and WHEREAS, when "City" provided the said new Sanitary Sewer System to serve the said apartment building, "Owner" made the required changeover to the full satisfaction of "City". 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 of any and all liability thereunder. 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 Coroorate Seal to be affixed hereto, by its City Manager and City Clerk, both thereunto duly authorized, this day of , 1985. tSigned, sealed and delivered i n the presence of: Witness Witness a The City of Miami By: As City Manager Attest: As Ci ty Clerk 85,71205 i 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 Sergi o Perei ra and Matty Hi rai , 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 CommissionExpires; APPROVED 0 FORM & CORRECTNESS ty 11torney This Instrument executed Pursuant to Resolution No. Passed and Adopted Notary Public, State o Florida at Large This Instrument Prepared by Department of Law i y of Miami,on a 0 85-1205 E v c }CftY OF M1AM1, Ft_ORibA 1 TER -OFFICE MEMORANDUM 1,111.1 ^ ,- TO Honorable Ma or and Member DATE RILE FROM s of the City Commission SUBJECT Resolution Accepting Cancellation of Sanitary Force Main Covenant Executed by Frank REFERENCE.' K1 ebba For Commission Meeti ng of November 13th, 1985. Sergio Pereira ENCLOSURES City Manager The Department of Public Works recommends the adoption of a resolution formally cancelling the Covenant to Run With The Land relating to a temporary Sanitary Sewer Force Main serving an apartment building at 1077 N.W. 44th Avenue. By Resolution No. 42763 passed by the City Commission on September 9, 1971 a permit was issued to Frank L. Kl ebba for the construction and maintenance of a temporary 4" Sanitary Force Main to serve an apartment building. This Covenant was contingent upon the owner executing a Covenant requiring disconnection from the aforesaid force main when the City provided a new sanitary sewer system to serve the area. The Covenant was executed on September 2, 1971 and recorded. i Subsequently the City did provide a sanitary sewer system to the area and the owner made the required changeover to the full satisfaction of the City. Since all conditions of the aforesaid Covenant have been met there is no need for it to remain in effect. DWC:WKB:is cc: Miriam Maer Law Department �- 85# -120s CITY OF MIAMI. FLOOVIDA INTER -OFFICE MEMOMANOUM 23 ro. Honorable Mayor and Members DATE: DEC 12 1985 KYLE: of the City Commission SUSPECT Resolution Accepting Cancellation of Sanitary Force Main Covenant Executed by FROM REFERENCES Frank L. Klebba For Commission Meeting of December 199 1985• Cesar H. Odio ENCLOSURES City Manager It is recommended that a resolution be adopted formally cancelling the Covenant to Run With The Land relating to a temporary Sanitary Sewer Force Main serving an apartment building at 1077 N.W. 44th Avenue. By Resolution No. 42763 passed by the City Commission on September 9, 1971 a permit was issued to Frank L. Klebba for the construction and maintenance of a temporary 4" Sanitary i Force Main to serve an apartment building. This Covenant was contingent upon the owner executing a Covenant requiring disconnection from the aforesaid force main wnen the City provided a new sanitary sewer system to serve the area. The Covenant was executed on September 2, 1971 and recorded. Subsequently the City did provide a sanitary sewer system to the area and the owner made the required changeover to the full satisfaction of the City. 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 tnat the City Manager and Clerk execute an instrument formally cancelling the aforesaid covenant. f f� DWC :'WKB : is cc: Miriam Maer Law Department i Y, SE -1205