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HomeMy WebLinkAboutR-84-0563J-84-394 5/1 /84 j rr/D7 RES01_UTION NO. 84-563 A RESOLUTION AUTHORIZING AND DIRECTING THE CI I PIANAGER AN1) C I I CLERK TO EXECUTE AN TNSTRUMEN1 1 ORHAI.LY CANCELLING THE FEURHARY, 1972 COVENANT TO RUN WITH THE LAND EXFCUT FD 13Y y n A N ZAIFER AND ERNESTINE 7_AIFER, HIS WIFE, AND ORLANDO RODRIGUE7 AND ISABEL RODRIGUE71 I1I5 WIFE, WHICH WAS RECORDED ON FLURUARY 22, 1972 UNDER CLERK'S FILE NUMBER 72R-139044 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, RELATING TO A TEMPORARY 4-INCH SANITARY SEWER FORCE MAIN SERVING THE APARTMENT BUILDING AT 4393 N.W. 11TH STREET, MIAMI, FLORIDA. WHEREAS, by order of Resolution No. 43163, adopted by the City Commission on January 20, 1972, a permit was issued to Yoan Zaifer and Ernestine 7_aifer, his wife, and Orlando Rodriquez and Isabel Rodriquez, his wife, for the construction, maintenance and operation 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 4393 N.W. 11th Street; and WHEREAS, the issuance of this permit was contingent upon the owner executing and delivering to the City 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 buildinq as part of a future sanitary sewer district; and WHEREAS, the Covenant which was executed and delivered to the City on February 11, 1972 was then recorded on February 22, 1972 under Clerk's File Number 72R-139044 of the Public Records of Dade County, Florida; and CITY COMMISSION MEETING OF MAY 10 t9E4r j REMhiet.� 0 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 for it to remain in effect; and WHEREAS, it is now in order for the City to cancel the aforesaid Covenant To Run With The Land; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Covenant To Run With The Land executed by Yoan Zaifer and Ernestine Z_aifer, his wife, and Orlando Rodriguez and Isabel Rodriguez, his wife, on February 11, 1972, which was then recorded on February 22, 1972 under Clerk's File Number 72R-139044 of the Public Records of Dade County Florida, relating to a temporary 4-inch sanitary sewer force main serving the apartment building at 4393 N.W. 11th Street, Miami, Florida, is hereby cancelled. Section 2. The City Manager and City Clerk are hereby authorized and directed to execute an instrument formally cancelling the aforesaid Covenant and to record the same in the Public Records of Dade County, Florida. PASSED AND ADOPTED this loth day of May , 1984. Maurice 4. F rr T: ONGTE, ,t PREPARED AND APPROVED BY: 9 DEPUTY C-FTY ATTORNEY APPROVED AS 10 F0RM AND CORRECTNESS: l -2- 84-56�, H M RELEASE OF COVENANT TO RUN WITH THE LAND WHEREAS, YOAN 7AIFER and ERNESTINF 7ATFFR, his wife, and ORLANDO RODRIOUE7. and ISABEL RODRTG1.tf.7t his t�i,fe, of tiiemi, Florida, as 1,nVINER5", and the CITY OF HIAMI, a tionicipa1 Corporation of the State of Florida, as "CITY", by order of City Commission Resolution No. 43163, adopted January 20, 1972, entered into that certain Covenant To Run With The Land dated February 11, 1972, which was recorded on February 22, 1972 under Clerk's File No. 72R-39044 of the Public Records of Dade County, Florida; and WHEREAS, said Covenant related to OWNERS' 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 huildinq at 4395 N.W. 11 Street, Miami, Florida, more leg-lly described as being located as Tract "B", LeJeune Properties, according to the Plat thereof, as recorded in Plat Book 90, at Page 31, of the Public Records of Dade County, Florida; and WHEREAS, said Covenant required OWNERS 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 said new Sanitary Sewer System to serve the said apartment building, OWNERS 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 OWNERS of any and all liability thereunder, and instructs the Circuit Court Clerk to cancel the same of record. 84-56" IN WITNESS WHEREOF, Corporation CITY OF MIAMI, a Municipal instrument to he executed in its name and its Corporate seal to be affixed hereto, by its, City Planacier and City Clerk, both thereunto duly authorized, this day of , Signed, sealed and delivered In the presence of: N STATE OF FLORIDA) ) SS: COUNTY OF DADE ) CITY OF MIAMI ATTEST: CITY CLERK I, an officer authorized to take acknowledgements, hereby certify that on this day of , 1984, personally appeared beforee me--7iOWARD V. GARY ana RALPH G. ONGIE, 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. Notary Public, a e or Molr-17a At Large My Commission Expires: APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY -2- 84--563 M This Instrument executed pursuant to Resolution No. adopted This Instrument Prepared By Department of law City of,Miamit orida RFC/rr/D7 "3- 84--563 m U CANCELLATION OF COVENANT TO RUN WITH THE LAND WHEREAS, Xoan Z.aifer & Ernestine Zaifer, his wife and Orlando Rodriguez & Isabel_ Rodriguez, his wife , of Miami, as "Owners", and the City of Miami, a Municipal Corporation of the State of Florida, as "City", by order of City of Miami Commission. Resolution No. 43163, passed and adopted January 20, 1972, entered into that certain Covenant To Run With The Land dated February 11, 19'72, which was recorded on February 222, 1972 under Clerk's File -No. 72R-•39044 of the Public Reccr•ds 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 4395 N.W. 11 Street, Miami, Florida, more legally described as being located as Tract "B", LeJeune Properties, according to the Plat thereof, as recorded in Plat Book 90, at Page 31, of the Public Records of Dade County, Florida; and WHEREAS, said Covenant required "Owners" to disconnect from the aforesaaid Ser,,er and Reconnect to the "City';'" new Sanitary Set-rer Sy tc-m r,7henevcr arse w ^ provided by "City" to serve said bui lcii-raC; Es part. of "City's" fr.)tiare Sanitary Sewer District, -nd W)IH1I l'./1:", r:licn "Ci ty" pro\,i.ded thc- said neiv Sanitary t Sewer Synt(°r}r io rove the ;-rri.d apartment. building, "Owner" made the required �,h:rrlf.covcr to the full Satisfaction of "Ci.ty", 1,101 , THE'REF0RF1 in consideration of the fact, that all the condition:-. of the aforesaid Covenant having t)ccn met, and there being no further reason for its continued ey:istence, 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 Corporate Seal to be affixed hereto, by its City Manager and City Clerk, both thereunto duly authorized, this day of 1984. Signed, sealed and delivered in the presence of: Witness Witness The City of Miami By s City Manager Attest: s City Clerk 811-5 j STATE OF FLORIDA ) COUNTY OF DADE ) I, an officier authorized to take acknowledgments, hereby certify that on this day of , 1984 personally appeared before me Howard V Gary and Ralph Ongie , 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 execute(, U16. 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. y CommissionExpires; APPROVED AS TO FORM & CORRECTNESS -City Attorney This Instrument executed Pursuant to Resolution No. Passed and Adopted Notary Public, State o Florida at Large This Instrument Prepared by Department of Law City of Miami, Florida 84- 5 3 90' L2 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM we- To.Howard V. Gary DATE: March 16, 1984 City Manager SUBJECT: Zaifer and Rodriguez - Request for Resolution Accepting Cancellation of Covenant for 4-inch Force Main -- 4393 N.W. FROM: \ �• REFERENCES: 11th Street r C , Doll Cat er ENCLOsuRES: For Commission Meeting of Director of Public Works May 10, 1984 The Department of Public Works recommends the adoption of a resolution authorizing and directing the City Manager and City Clerk to execute an instrument formally cancelinE the February 1, 197" Covenant To Run With The Land executed by Zaifer and Rodriguc..- rcl,,t.inj i.o ci tcrriporary sanitary seller fork,(1 I1iai n :- crying the apa- rt.rt 1)t biji-16ing at. ta393 14,V1, 11th St.re01, By order of No. 43163 pas;>ed and adopted by the City Commission on Janua: ry 20, 1972, a permit was issued to Zaifer and Rodriquez for the construction, rn�-jintenance and operation 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 4393 N.W. 11th Street. 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. 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 has fully complied with all the terms and conditions required under said covenant, therefore the need for the covenant no longer exists.