HomeMy WebLinkAboutR-85-0882J-85-871
41' C
R ESOLUT ION NO. .5-88',,
A 11f?:;OLUTION AUTHORI:'jII.1G "HE
PROPER
OFFICIALS TO EXECU"2N A QUIT -CLAIM DEED TO
JOIIATHON I1. BROOKS FOR A PORTION OF '"HE
F;.KT I;RNA L AREA OF A CUfiVE AT THE NOR': 11W hk")T
COf iEIi OF LOT 14 OF PEA"IfEl?' OfdE f�Il)GF;
OUBDIVISION (11-53).
WHEREAS, the Plat of FEATHERSTOIIE RIDGF. as recorded in
Plat Book 11 at Page 53 of the Public Records of Dade
County, Florida has been on record ;i nce October of I1a24 and
WHEREAS, there exists on %,ot:3, 14 sand 15 of s!iid
F'EATHEIZSTOf1E RIDGF Subdivision R mIITti -unit apartment
building; which encroaches 2.03 feet into the external area
of a 25 feet ridius curve at the I1. W. corner of Lot 14 of
id FEATHERSTONE RID(lE Subdivision, said location being
N.W. 19th Avenue and N.W. 35th Street;
WIIEli EA:8, the Department oC Public Works recommends
reducing this radius from 25 to 20 Ceet; thereby removing
.,uid encroachment and allowing Mr. Jonathon i1. Brooks, the
present owner to obtain mortgaging for his property, and
WHEREAS, the Department of Public Works sees no
hardship or problem for the City of Miami by this change;
NOW, THEREFORE, BE IT RESOLVED BY THE; COMMISSION OF
THE CITY OF MIAMI, FLORIDA.
;section 1. That a portion of the external area of a
curve on the 11. .W. Corner of Lot 14 of FEATHERSTONE RIDGE
Subdivision as recorded in Plat Book 11 at Page 53 of the
Public Records be returned to Jonathon N. Brooks by reducing
the right--of-way radi as from 25 to 20 feet, thereby
eliminating an existing building encroachrent into the
public right-of-way.
CITY COMMISSION
MEETING OF
SEP 1,22, 1985
10 RESOrUTIUPi No`-"'��=7��
REMARKS
Section 2. That the City Manager and City Clerk of the City of Miami
are hereby authorized to execute a quit claim Deed to Jonathan N. Brooks
for the aforementioned external area.
PASSED AND ADOPTED this 12th day of sg3'1=ER 1985.
ATTEST: MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO.PRM AND CORRECTNESS:
fL-
MIRIAM MAER LUCIA A. DOUGHERTY
ASSISTANT CITY ATTORNEY CITY ATTORNEY
85-882
* CHARLES W. CARR
9245 S.W. 44fh Sfreef LAND SURVEYOR Telephone:
SURVHY NUMBER 85-1 80 :1 MIAMI, FLORIDA 211.3416
eis••ev #%e
LOT 'The ',Jest_1./2 of Low_; 4 _anti 15 BLOCK __ •••__�
SUBDIVISION FLATHER6TONE RI;)GE
Aeeordlag to Ha Flat Thereof as Recorded Is plot look No- - At Page No 8 3
Fublk Records of_ Dade'_ County, Florida
Oak, June 1.sta 1985 ear. Jotin Brooks
Location Sketch: Seale: 1" /50 1 HEREBY CERTIFY that the attacked
sketch represoofs a recast survey made
ti /i/ 1�1� ,�5?''� _4 7 N under my direction, and is train and car -
to
w
4
z
3 t
/7
.a
T
3
7ri„
?S
Z
27
x
,
.33
Zb
E,,.
I 3/ f�
4d
,
40
reef to the boot of my knowledge and
t! belief. ors are escresch ts.
QI REGISTERED LAND SNRVEYOR 10"
STATIE OP FLORIDA
�I
� J
�I
zy
,v. x/ j34 - - N
LOCATED IN:
TiiE CITY OF Mi,v-1I9
DADE COUNTY o FLORIDA.
FLOOD ZONE "A L 4"
ELEV. 7.0
'GA A117-AR i' NSF WE,i?
- GV4TE�2
T'y B,E
/ti / .DF /W •4 L f�
�,- 55.5 5
a•LD �
` •S /5•�Z / GB
%OC
• 04,077
1, �' � M��r,- ✓ti,r �
1�1
I %
/6 S � 7'�v �•�: tk'AL.
9.7 -
r�
tiA/L
O Oi
N
or jk
85-882
1.4
L
t
up
THE CITY OF MIAMI
COUNTY OF DADE, STATE OF FLORIDA
THts Qurr-CLA= Dam made th; day of 19 , by and between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, of the
first part, as grantor, and
Jonathan N. Brooks
of the County of— Dade in the State of_ Florida of the second part, w
grantee (the word "grantee" meaning either singular or plural and including the heirs, assigns, personal fep-
resentatives and successors thereof, where the context so requires or admits) ;
WITNESSETH: 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 is and to the following descrbed
land, situate, lying and being in the County of Dade, State of Florida, to -wit:
That portion of external area lying between radii
of 25 and 20 feet and being tangent to the South
right of :gay line of �l. W. 35th Street and tangent
to the East right of way line of Pi. W. 19th Avenue
being located at the P1. W. Corner of Lot 14 of
Featherstone Ridge Subdivision, according to the
plat thereof, as recorded in Plat Book 11 at Page
53 of the Public Records of Dade County, Florida
To HAVE AND TO HOLD 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 whatsocver of the said
grantor either at law or in equity, to the only proper use and benefit of the said 'grantee forever.
Iv WrTmEss WHEPzor, 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 authorized, this._..___.._..day 19.____.
Signcd, sealed and delivered in the presence of
THE CITY OF MIAMI
By. ..._._............_...._....._._......_...._._...,__......._....__........._--._..........—
Sergi o .Pereira As Cicy Manager
ATTEST.. �....._..__._... _............ __..__....._........ _...__....... _._..,
Matti Hirai I As City Clerk
85-882
1
STars or FLORMA l
CouwTT or DAni f
I. an officer authorised to take acknowledgments. Hsarav czR wy that on this day of
19---, personally appeared before me
and
known to me to be the City Manager and the City Clerk. respectively, of THE CITY OF MIAMI, a mu-
nicipal 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 af-
fixed thereto the official seal of the said municipal corporation, all by and with the authority of law and
of the City Cornnussion, and that the said instrument is the free and formal act of the said municipal cor-
poration.
WrTNns my hand and official seal in said County and State the day and year last aforesaid.
Notary Public, State of Florida at Large
My Commission expires:
9
o
A
N
�U i
o
'•
O
O do
,4 ti
!
w
C
En
y
o
.,
i
err
>+
V u a i
e m
B
9
W
G
H
"'
C
o
C
Er
ON
•p
Dow .0
o
h
m x
•d
'o a! 6.
o
j
80�
u
W THIS INSTRUMENT IS
APPRovw As To DEscRnmoN
EXECUTED PURSUANT TO
ORDINANCL No
---------
AND RrsoLuTiore No_
Donald
W. Cather
Director
of Public
Works
APPROVED As To FORA[
City A ocn
APPROVED As To TRAN&hcnoN
85-882
W.
r
Drr II..IOks
LAW OFFICES �
DL7 II. JoKs, P.A. �-
DADF'LAND LAVES ' OFFIGH PARK
100110 NORTH KENDALL DRIVE, SUITE 221
MTANIT, VI•1"!7'�-!57
,:une 12, 1985
'1'ELENIO\F
(.lo5) 500-0I00
G:1111.1i: JUKti USA
TELEX: kilo a-to-5103
Mr. Donald W. Cather
Director of Public Works
City of Miami
^75 Northwest 2 Stroet
Miami, Florida 33128
ATTENTION: BILL PARKS
Dear Mr. Parks:
As a follow-up to our convey sat ion of today I wish to inl^erm
you that•I represent Jonathon N. Brooks. Mr. Brooks is the owner
of the property legally described as:
Lots 14 and :_5 f 7"ATHERSTONE RIDGE
as recorded in 21=t Book 11 at Page
53 of the Public Records of Dade
County, Florida
(copy of the deed enclosed).
A recent survey done by Charles W. Carr, Land Surveyor, dis-
closes that there is a 2.031 encroacl,R:c.nt upon the city right -of -
;ay on the radii of Lot 14. My cli-,,t is interested in financing
this property and wishes to obtain from the City of Miami a cove-
nant of non-interference and an •,gr<:c.mont to eliminate s�)ch en-
croachment upon major remodel.__--g or :volition and new construction
on the property.
As we discussed, please have your office prepare such a cove-
nant and agreement so that my client may proceed with obtaining
mortgaging on this property.
Your attPnt?nn to th;c - att: r is yiCda.iy xppreciatea.
Very '.ruly yours,
DET H. JOKS
DPJ:cat
P.S. It is my belief that this encroachment has
cc: Mr. Brooks existed for over 50 years.
85-8g2
85-882
0
W
t � i
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM6
Honorable :'ayor and DATE 1985
J Q J FILE
!embers of the City SEP
Commission SUSJEC- City of Miami Quit Claim
Deed to Jonathon N. Brooks
1894 N. W. 35th Street
FROM REFERENCES
Sergio Pereira
City Manager ENCLO=UREs. ',For the Commission Meeting
September 12, 1985)
The Department of Public Works recommends
the adoption of a resolution quit -claiming
a portion of the radius corner of Lot 14
of FEATHERSTONE RIDGE to Jonathon N. Brooks
located at the Southeast corner of N. W.
19th ?venue and N. W. 35th Street.
The plat of FEATHERSTONE RIDGE as recorded in Plat Book 11 at Page 53
of the Public Records of Dade County, Florida was recorded in October
of 1924. It consisted of one block; with 25 feet radii on all four
(4) corners.
Subsequently a multi -unit apartment building was constructed on Lot
14 of said subdivision which encroaches into the radius corner
approximately two feet, according to a recent survey. The five foot
wide sidewalk adjacent to the property is constructed as though it
were a square corner.
Inasmuch as this condition has existed some 50 years with no partic-
ular hardship and to assist Mr. Brooks with his mortgage problem, the
Department of Public Works recommends reducing the radius from 25 to
20 feet on this corner. This will eliminate the building encroach-
ment.
Therefore, the Department of Public Works recommends that the City of
Miami quit claim a portion of the external area lying between the
two radii to Jonathon N. Brooks present owner of said Lot 14 of
FEATHERSTONE RIDGE Subdivision.
DWC:WKB:is
CC: Law Department
85-882