HomeMy WebLinkAboutR-83-11090
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J-83-1046
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r r ' D - 5 `'`J 3-1109
RESOLUTION NO.`
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INSTRUMENT EORMALI_Y CANCELING
IHE OCTOBER 27, 1971 AND SEPTEMBER 28,
1973 COVENANTS TO RUN WITH THE LANE)
E- XFCUTED BY SUN FUN I4ARINF CORP. RELATING
TO A TEMPORARY SANITARY SEWER FORCE MAIN
SERVING THE APARTMENT BUILDING AT 1012-2O
N.W. 45 AVENUE.
WHEREAS, by order of Resolution No. 42986, adopted by
the
City Commission on
November
11, 1971, a permit was issued
to
SUN FUN MARINE CORP.
for the
construction, maint.enanee 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 1012-20 N.W. 45 Avenue; 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 C i t y I 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, the first covenant which was executed and
delivered to the City on October 21, 1971 was then recorded
on December 23, 1971 in Official Records Book 7495 at Page
568 of the Public Records of Dade County, Florida [Then the
owner elected to change the discharge point of the force main
and processed the second covenant. The second covenant which
was executed and delivered to the City on September 28, 1973
was then recorded on October 9, 1973 in Official Records Book
No. 8467 at Page 1550 of the Public Records of Dade County,
Florida]; and
CITY COMMISSION
MEETING OF
0 E C 8 1983
ESOLUTION no. —
EMARKS.
4i+
*11
WHEREAS, subsequently, when thr City provided the new
sanitary sewer system to serve thr nfnresaid a1)artinent.
buildinq, the owner made the rr,quired changeover to the full
satisfaction of the City; and
WHEREAS, since all the conditions of the aforesaid
Covenants have been met, them is no need for them to remain
in effect; and
WHEREA5, it. is now in order for the City to cancel the
aforesaid Covenants To Run With The Land:
NOW, THEREFORE, BE It RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Covenants To Run With The Land executed
by SUN FUN MARINE CORP, on October 21, 1971 and September 26,
1973, relating to a temporary sanitary sewer force main
serving the apartment buildinq at 1012-20 N.W. 45 Avenue, are
hereby canceled.
Section 2. The City Manager and the City Clerk are
hereby authorized and directed to execute an instrument
formally canceling the aforesaid Covenants and forward said
executed instrument to the present owner of the 3 6 - u n i t
apartments at Sun Fun Marine Corp., P. 0. Box 172, Lexington,
Tennessee 38351.
PASSED AND ADOPTED this 8th day of December , 1983.
Maurice A. Ferre
ATTEST:
ONGIE, C C L
PREPARED AND APPROVED BY:
z'W'i /� *C
APPROVED AS TO FORM AND CORRECTNESS:
A0aj;%� -4997444-4 ..
AR-CIA-:-PEDROSA, CITY ATTORNEY
-2-
83-1109
13
f{ w_ CITY OF MIAMI, FLORIC-A
INTER -OFFICE MEMORANDUM
To. Howard V . Gary
City Manager
''1VoIZ.
P
DATE: November 16, 1983 IrILE.
SUBJECT SUN FUN MARINE CORP. -
Request for Resolution Accepting
Cancellation of Covenant for
4-Inch Force Main - 1012-20
REFERENCES: N. W. 45 Avenue
Director of Public Works ENCLOSURES. (For Commission Meeting of
December 8, 1983)
The Department of Public Works recommends
the adoption of a resolution authorizing
and directing the City Manager and City
Clerk to execute an instrL-ment formally
canceling the October 21, 1971 and
September 28, 1973 Covenant To Run With
The Land executed by Sun Fun Marine Corp.,
relating to a temporary sanitary sewer force
main serving the apartment building at
1012-20 N.W. 45 Avenue.
By order of Resolution No. 42986 passed and adopted by the City
Commission on November 11, 1971, a permit was issued to Sun Fun
Marine Corp. 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 1012-20 N.W. 45 Avenue.
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 reconnec-
tion 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.
The first covenant which was executed and delivered to the City of
uiani on October 21, 1971 was then recorded on December 23, 1971 in
Official Record Book 7495 at Page 568 of the Public Records of Dade
County, Florida. Then the owner elected to change the discharge
point of the force main and processed the second covenant. The
second covenant which was executed and delivered to the City of
Miami on September 28, 1973 was then recorded on October 9, 1973
in Official Records Boob; No. 8467 at Page 1550 of the Public Records
of Dade County, Florida.
Page 1 of 2
83-1109
Howard V. Gary
November lb, 1983
Subsequently, when the "City" provided the new sanitary sewer system
'Co serve the aforesaid apartment building, the owner made the
required changeover to the full satisfaction of the "City".
Since all the conditions of the aforesaid covenants have been met,
there is no need for it to remain in effect.
It is now in order for the City to cancel the aforesaid Covenant To
Run With The Land.
That the Covenant To Run With The Land executed by Sun Fur. Marine
Ccro. , on October 21, 1971 and Seota=ber 28, 19-3 be. and t'-e same
is .ereby, canceled.
That the City Manager and the City Clerk are hereby authorized and
directed to execute an instrument formally canceling the aforesaid
covenants and forwarding the executed instrument to the present owner,
Sun Fun Marine Corp., P. 0. Box 172, Lexington, Tennessee 38351.
AFG:rj
Resolut'_cn attached
Page 2 of 2
83--1109