HomeMy WebLinkAboutR-84-0564J-84-393
5/1/84
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RESOLUTION NO. 84-564
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INSTRU11FNT FORMALLY CANCELLING
THE REMAINDER OF THE OCTOBER 291 1962
COVENANT TO RUN WITH T11F LAND EXECUTED BY
THE TENI11 AVENUE LAND CORPORATION
RELATING TO A PORTION 01- PROPERTY
INCLUDED IN THE PLAT K N 0 W N AS THE
FOLLOWING DESCRIBED PROPERTY: SECOND
ADDITION TO MEDICAL CENTER, AS RECORDED
IN PLAT BOOK 123 AT PAGE 28 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, that property described on that certain
Covenant To Run With The Land recorded under Clerk's File
No. 62R-181442 on November 1, 1962, now a portion of the Plat
known as SECOND ADDITION TO MEDICAL CENTER, as recorded in
Plat Book 123 at Page 28 of the Public Records of Dade
County, Florida; and
WHEREAS, a portion of the aforesaid Covenant was
released (bulkheadinq of Wagner Creek) pursuant to Resolution
No. 36766 passed and adopted by the City Commission June 16,
1965, and the execution of that certain Release of Covenant
dated August 16, 1965; and
WHEREAS, the present owners have now requested the
remaininq portion of the aforesaid Covenant (portion
pertaining to sidewalk construction) be cancelled; and
WHEREAS, the owners have complied with all the terms and
conditions of the aforesaid Covenant and the need for the
Covenant no longer exists; and
WHEREAS, it is now in order for the City to cancel the
remainder of 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 entire Covenant To Run With The Land
executed by the Tenth Avenue Land Corporation, dated
October 29, 1962, relating to property located within the
CITY COMMISSION
MEETING OF
10AY 10 1ST g
following described plat is hereby cancelled: SECOND
ADDITION TO HEDICAL CENTER, as recorded in Plat hook 123 at
Paqe 2(1 of Puhl ir_ fir-r_ords of Dade Count,v, Florida.
Section 2. ThQ City tlnnagr.r and City ('lerl: are hereby
authoriZCd anrt dirr.CtQd to C v r?r,1)tr :#n ins(rIIMr?nt formally
cancelling the aforesaid Covenant recordedt Under Clrr!<'s File
No. 62R-lA1442 on Nov^mhcr 1, 19621 and t() record said
instrument in the Public Records of Dade County, Florida.
PASSED AND ADOPTED this loth day Of —May , 1984.
ATTEST:
TAL H G. ONGIE, CITY CL RK
PREPARED AND APPROVED BY:
RisB-1 .
DEPUTY CITY ATIORNEY
Maurice A. Ferre
APPROVED AS TO FORM AND CORRECTNESS:
PgIT=YAfTTORNEY
w2.
84-564
RELEASE OF COVENANT RUNNING WITH LAND
WHEREAS, TENTH AVENUE LAND CORPORATION, did make,
execute and deliver unto the CITY OF tiIAt1T, a municipal
corporation, a certain Covenant: To Run With The Land,
recorded on November 1, 1962, under Clerk's File No.
62R-181442, of the Public Records of Dade County, Florida,
which Covenant relates to the property described therein for
the installation of sidewalk and bulkhead adjacent to the
premises; and
WHEREAS, the aforesaid Covenant was partially released
regarding bulkhead construction against said property
pursuant to Resolution No. 36776 on June 16, 1965 and the
execution of that certain Release of Covenant dated August
16, 1965;
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 and herewith release,
relinquish and forever dischage THE TENTH AVENUE LAND
CORPORATION, its successors or assigns, of and from the lien,
encumbrance, effect or requirements of the remainder of the
above -referenced Covenant To Run With The Land on the
following described property:
SECOND ADDITION TO MEDICAL CENTER, as recorded in
Plat Book 123 at Page 28 of the Public Records of
Dade County, Florida
and hereby directs the Clerk of the Circuit Court to cancel
the same of record.
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
84-564
r
to be affixed hereto, by .its City Manager and the City Clerk,
both thereunto duly authorized this day of
, 1984.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
CITY OF MIAMI
By:
W
CITY MANAGER
ATTEST:
CITY CLERK
I, an officer authorized to take acknowledgements,
hereby certify ghat on this day of , 1984,
personally appeared before me TiOIIARD—V`7TTa1 d---RAI_PH G.
ONGIE, known to me to be the City I.lanager and the City Clerk,
respectively, of t_he CITY OF I;IAHI, a municipal corporation
in and under the IaFrs of the State of Florida, and known to
me to be the persons who executed the foregoing instrument,
and they severally acknowleda2d 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.
o ary Public, St9fe or rl8rids
At Large
My Commission Expires:
APPROVED AS TO FORM AND
CORRECTNESS:
i
ATTORNEY
-Z-
B �•�lJ V
_
RFC/rr/D7
Department of Law
City a iami, orida
-3-
W
RELEASE OF COVENANT RUN14ING WITH THE LAND
THIS INSTRUMENT, made and executed this day of
1984, by THE CITY OF MIAMI, a municipal
corporation of the State of' Florida;
W I T N E S S E T H:
WHEREAS, TENTH AVENUE LAND CORPORATION, did make,
execute and deliver unto THE CITY OF MIAMI, a municipal
corporation, a certain covenant running with the land, recorded
on November 1, 1962, under Clerk's File No. 62R-181442, of the
Public Records of Dade County, Florida, which covenant relates to
the property described therein for the installation of sidewalk
and bulkhc<.d c 7 cci7t. t.c> the
t..hc tIforc ,- id covenant etas portially released
regarding i',o7 !;}trr. d �;c,r,; t.i,uc,ti.c>n r;t7 t. :3a4 d property pursuant to
Resolution No . 36766 on Juvjc2 16, 1965 and the execution of that
certain Releaac• of Covenant dated August 16, 1965;
NOW, THEREFORE, KNOT! ALL ME14 BY THESE PRESENTS: That
for and in consideration of the sum of ONE DOLLAR and other good
and valuable considerations to it in hand paid, THE CITY OF MIAMI
does hereby and herewith release, relinquish and forever
discharge THE TENTH AVENUE LAND CORPORATION, its successors or
assigns, of and from the lien, encumbrance, effect or
requiremenmts of the remainder of that covenant running with the
land on the following described property:
Second Addition To Medical Center, as recorded in Plat
Book 123 at Page 28 of the Public Records and hereby directs the
Clerk of The Circuit Court to cancel the same of record.
Approved and accepted on behalf of the City of Miami,
Florida, this day of A.D., 1984.
IWITNESSES:
By:
lrec or, epartmen
of Public Works
nE
91
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO.
Howard V. Gary
DATE: March 16, 19814 r'LE
City Manager
SUBJECT Cancellation of Covenant
=_
To Run With The Land
dated October 29, 1962
FROM
Donald W. Cath
REFERENCES:
For Commission Meeting of
rector I'
Works ENCLOSURES: 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 (.,anccli.ng the
remainder of th?t; ccrt<,in Covon,:;nt. 'Yo Run With
The Land to con,;truction
executed 1)y J'c.nt..h Avenue. Land Corpora tion
located at; N.1> . 12.th A%, c n u e and N . V.1. 14th
Street.
The Tenth Avenue Land Corporation executed a Covenant To Run With
The Land relating to bulkheading and sidewalk construction on
October 29, 1962. Their property was located adjacent to Wagner
Creek at N.W. 12th Avenue and N.W. 14th Street.
A partial release (bulkheading Wagner Creek) of the aforesaid
covenant was granted pursuant to Resolution No. 36766 passed by
the City Commission June 16, 1965.
The present owners of the property (now known as 2nd Addition to
Medical Center) have requested the remainder of the aforesaid
Covenant be released.
Since all the terms and conditions of the Covenant have been
fulfilled, there is no need for it to remain in effect. It is now
in order for the City to cancel the aforesaid Covenant in full.
WKB:td
cc: Law Department
tsanuel Alvarez