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Home My WebLink AboutR-84-02574 A J-84-104 2/10/84 RESOLUTION NO. 84-2tr-3 A RESOLUTION ACCEPTING FROM THE SCHOOL BOARD OF DADE COUNTY, A COVENANT 1-0 RUN WITH THE LAND RELATING TO THE INSTALLATION OF AN IRRIGATION FEED MAIN WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF NORTHWEST 67TH STREET AND DIRECTING THE PROPER OFFICIALS TO RECORD SAID COVENANT AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, the School Board of Dade County, (hereinafter "OWNER") owns the property located at 1175 Northwest 67th Street; and WHEREAS, OWNER has requested permission from the City of Miami to install an irrigation feed main under and across the dedicated public right-of-way of Northwest 67th Street approximately 173 feet west of the City of Miami Monument Line in Northwest llth Avenue; and WHEREAS, in exchange for the City's permission, OWNER has executed a Covenant To Run With The Land pursuant to which it agrees to remove, said installation upon notification by the Director of the Department of Public Works at Owner's own cost and expense; and WHEREAS, the Department of Public Works has investigated the aforementioned proposed installation and the Covenant To Run With The Land and recommends that the Covenant be accepted by the City of Miami and filed in the Public Records of Dade County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Covenant To Run With The Land dated January 25, 1984, by and between the School Board of Dade County, and the City of Miami relating to the installation of an irrigation feed main within the dedicated public right-of-way of Northwest 67th Street approximately 173 feet west of the City of Miami Monument Line in Northwest llth Avenue be and the same is hereby accepted. CITY COMMISSION MT":'TIT,11,-3 OF MAR 8 1984 84-2s' u t Section 2. The proper officials of the City of Miami are hereby directed to record the above Covenant in the Public Records of Dade County, Florida. PASSED AND ADOPTED this `8n day of March , 1984. Maurice A. Fe_rre_ MAURICE A. FERRE, Mayor ATTEST: -717 RALlqi G. ONGIE City Clerk PREPARED AND APPROVED BY: Y ,A G. MIRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: OSE GARCIA-PEDROSA City Attorney GMM/wpc/pb/204 -2- 84-25`s. CITY OF MIAMI. FLORIDA 58 INTER -OFFICE MEMORANDUM Howard V. Gary January 31, 1984 TO City Manager DATE: Resolution AcceptiElf' Covenant SUBJECT. Agreement from the School Board of Dade County for an irrigatior feed main across N.W. 67 Street between N.W. 11 and 12 Avenues FROM Donald W. Cather REFERENCES: (For Commission Meeting of Director of Public Works Marcr 8, 1984) ENCLOSURES: Resolution and Covenant Agreement The Department of Public Works recommends adoption of a Resolution accepting a Covenant Agreement To Run With The Land from the School Board of Dade County relating to the installation of an irrigation feed main within the dedicated Public Right-of-way of N.W. 67 Street between N.W. 11 and 12 Avenues and direct- ing the proper officials to record said Covenant Agreement in the Public Records of Dade County, Florida. The School Board of Dade County is the owner of the property at 1175 N.W. 67 Street. They have requested from the City of Miami permission to install an irrigation feed main under and across the dedicated Public Right-of-way on N.W. 67 Street approximately 173 feet, more or less west of the City of Miami monument line in N.W. 11 Avenue. Since no real problem exists because of the installation of the proposed feed main, the Department of Public Works finds no good reason for not allowing the proposed feed main to be installed at this time. The owner has therefore asked the City for permission to install an irrigation feed main at this time and has executed a Covenant Agreement To Run With The Land under which they agree to remove it at their own expense upon thirty(30) days written notice from the Director of Public Works. This Covenant Agreement appears to adequately protect the City and the Public. 84-250 Location: 1175 N.W. 67 Street AGREEMENT THIS AGF02M4T, made and entered into this A,5 day of J"/LAA)A-A }-"" A.D. , 1984, by and between THE SCHOOL BOARD OF DADE COUNTY, an agency of the State of Florida, party of the first part and hereinafter called THE SCHOOL HOARD and THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, party of the second part, hereinafter called the CITY: WHEREAS, the SCHOOL BOARD has requested fran the CITY a permit to construct, operate and maintain an irrigation feed main under and across the dedicated public right-of-way of N.W. 67 Street, approximately 173± feet west of the City of Miami Monument Line in N.W. 11 Avenue, all hereinafter referred to as "IRRIGATION LINE". WHEREAS, the CITY has requested the SCHOOL BOARD to execute and deliver to the CITY, this instrum$nt as a condition precedent to the granting of a permit. NOW, THEREFORE, in consideration of the agreements and benefits which will accrue the SCHOOL BOARD from the construction, operation and maintenance of said "IRRIGATION LIME", through, across, along and under the surface of a certain street in the City of Miami as hereinafter desig- nated the SCHOOL BOARD, which term includes its successors in interest and/or assigns, does hereby agree with the CITY as follows: 1. After a permit has been issued by the CITY, the SCHOOL BOARD will cause to be constructed or installed an "IRRIGATION =" under the surface and/or along the following specified route: Under and across the dedicated public right-of-way of N.W. 67 Street approximately 173± feet west of the City of Miami Monument Line in N.W. 11 Avenue as shown and described by the plans entitled "Various Site Irriga- tion System Replacement" on file in the City of Miami. Department of Public Works. 2. The SCHOOL HOARD shall submit to the Department of Public Works plans and specifications for approval prior to the construction of said "IRRIGATION LnEn and a om plete set of "AS BUILT" plans after cons- truction of this "IRRIGATICN I " has been eampleted, said plans and specifications to be prepared by a professional engineer registered in the State of Florida; and 3. The SCHOOL BOARD shall submit to the Department of Public Works certified survey rotes of initial staking and final measurements, to be done by a land sir,,wor registered in the State of Florida, said certi- fied survey notes shall show sufficient ties with the various street monument lines established by the CITY to enable the said "IlMGATION T " to be accurately located in the plan, and to show ground elevation and also show the elevation of the top of the "IRRIGATICN I " at each change of vertical direction, and the elevation and location of all existing underground utilities uncovered during the installation of said * 3MGATICN LnZ" ; and 4. The SCHOOL BOARD agrees to defend, inde:aii-fy and save harm- less the CITY against any and all claims; suits or actions for damages on account of any personal injury, loss of life, or damage to property; arising out of the construction, operation, maintenance, repair, or removal of said "IRRIGATION T " or any part thereof; and in the event of damage to the 0IMGATIM LAVE" requiring the making of repairs, from any cause whatsoever during the life of this Agreement, the SCHOOL BOARD shall cause such repair to be made forthwith, whether in any way responsible for the damage or not; and , 84-250 4 0 5. The SCHOOL BOARD shall operate and maintain said "IRRIGATION LINE" in a manner that prevents it fran being or becoming a nuisance or detrimental to public health and safety or injurious to adjacent property public or private, and install and pay for such other controlling devices as might be required by the Department of Public Works of the CITY; and 6. The SCHOOL BOARD shall restore the street to its original condition, insofar as practical in the opinion of the CITY'S Director of the Department of Public Works. 7. The SCHOOL BOARD shall relocate, remove, extend or abandon at its own cost and expense said "IRRIGATION LIM", when and if the Director of the Department of Public Works determines that this is necessary or advisable; and 8. The SCHOOL BOARD shall obtain from all other governmental agencies the required and necessary permits and approval for the construction and connections of said "IRRIGATION LINE"; and 9. The SCHOOL BOARD agrees that the right to use the CITY'S avenue herein designated for the construction, operation and maintenance of said "IRRIGATION T " shall not be assignable, in whole or in part, without the written consent and approval of the CITY'S Director of the Department of Public Works. It is expressly agreed that this instrument and obligation shall be binding on the SCHOOL BOARD and its successors in interest or assigns. IN WITNESS WHEREOF, the SCHOOL BOARD has caused these presents to be executed and signed in its name, and on its behalf the day and year first above set forth. 1 G •• .9 '1It 81 ON •' H• / I � / FORM: L/ ' IN WITNESS WHERMF, the CITY has caused these presents to be exectted and signed in its name, and on its behalf the day and year first above set forth. Signed, Sealed and Delivered in the Presence of: U CITY OF MIAMI �jt- 06�p By Witness Director, Department o Public Works Witness APPRMM AS ZED FORM & C ORRDCINESS: JOSS R. QWM-PMFMA CITY AMR= -2- 84--2S STATE OF FLORIDA COUM OF DADE ) I HEREBY TFY that on this day personally appeared before me, an officer duly authorized to adriinster oaths and take acknowledgments, G. Holmes Braddock, Chairman and Dr. Leonard Britton, Secretary, of The School Board of Dade County, Florida, to me well. known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. WI=S my official al 'seat Miami, County of Dade and State of Florida, this day of i.✓A.D., 1983. My commission expires: RIM Public Slat:? of Flurija of U-,Tp. My Ccnmiss,tl Ezrires AYril 27, 1JJ7 Notary Public State of Florida at Tama STATE OF FLORMA COUNTY OF DADE I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to adminster oaths and take acknowledgments, ,017IA4 yr/, ��T-t,f , Director, of The City of Miami Department of Public Works, to me wel known to be the person described in and who executed the foregoing instrument and acknowleged before me that he executed the same freely and voluntarily for the purposes therein expressed. WMIESS my hand and official seal at Miami, County of Dade and State of Florida, this day of 2'7}✓t/L,5deA.D. , 198+ My Commission Expires: NOTARY FU:UC STATE OF FLORIDA AT URGE t '�a A Notary Pu b 1 i c JON= IHRU GENEFA INS, WOERMUTERS State of Florida at Large This Instrument Prepared by L) Department of Law City of Miami, Florida This Instnment is accepted pursuant to Resoluticn No. Passed and -3- 84-251