HomeMy WebLinkAboutR-83-0597J-83-533
RESOLUTION NO. S 3-.597
A RESOLUTION ACCEPTING FROM DAVID A.
FREEDMAN AND DEBRA B. FREEDMAN, HIS WIFE,
A COVENANT TO RUN WITH THE LAND RELATING
TO AN EXISTING GARAGE ENCROACHMENT INTO
THE PUBLIC RIGHT-OF-WAY OF TIGERTAIL
COURT AND DIRECTING THE PROPER OFFICIALS
TO RECORD SAID COVENANT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, David A. Freedman and Debra B. Freedman, his wife, are
the owners of the property at 2331 Tigertail Court; and
WHEREAS, said owners have an existing garage that encroaches
within the public right-of-way of Tigertail Court; and
WHEREAS, the owners have asked to be relieved from their obliga-
tion to correct this encroachment at this time and in consideration
of the forebearance of the City, said owners have executed a Covenant
To Run With The Land under which they agree to remove at their own
expense said encroachment upon thirty (30) days written notice from
the Director of the Department of Public Works; and
WHEREAS, the Department of Public Works has investigated the
aforementioned encroachment 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
March 21, 1983, by and between David A. Freedman and Debra B. Freedman,
his wife, and the City of Miami relating to an existing garage en-
croachment within the public right-of-way of Tigertail Court, be and
the same is hereby accepted.
CTTY COMMISSION
MEETI1'%;U OF
JUL 13 1993
1pi: �tjl,j�i „LI. 83--59'7
RE`.AT�RKS.
Section 2. The recording of the above covenant in the Public
Records of Dade County, Florida, is hereby approved and authorized.
PASSED AND ADOPTED this lgtli
1983.
ATTEST:
LPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
-2-
day of Jul
:Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
APPROVED AS TO FORM AND
CORRECTNESS:
�^
5E R. GARCIA-PEDROSA
CITY ATTORNEY
f
83-59 i
2331 Tigertail Court
Covenant Running With the Land
This covenant, made between the CITY OF MIAMI, a municipal
corporation (hereinafter referred as "CITY"), of the State of
Florida, County of Dade and DAVID A. FREEDMAN and DEBRA B.
FREEDMAN, his wife (hereinafter referred to as "OWNERS"):
WHEREAS, the existing S.W. Tigertail Court, located in
Coconut Grove within the City of Miami, is a public street
dedicated to the public, and
WHEREAS, said OWNERS hold title to Lot 5, Block 1 of Olympia
Park subdivision according to the Plat thereof, as recorded in
Plat Book 51 at Page 82 of the Public Records of Dade County,
Florida, and
WHEREAS, a survey of said Lot 5, Block 1 of Olympia Park
indicates that an existing garage adjacent to the residence
located on said Lot 5, Block 1 of Olympia Park encroaches
approximately two feet into the public right-of-way of said S.W.
Tigertail Court and into an area designated on said Plat as a
turnaround easement, and
WHEREAS, said OWNERS have requested permission from CITY to
continue the encroachment into the public right-of-way and
turnaround easement until such time as the City may require the
removal of said encroaching structure.
NOW, THEREFORE, IN CONSIDERATION OF THE PERMISSION BY CITY
TO ALLOW THE CONTINUING ENCROACHMENT AND IN FURTHER CONSIDERATION
OF THE PREMISES, OWNERS do hereby covenant and agree with the
CITY that OWNERS shall at no cost to CITY move the encroaching
structure in its entirety whenever requested by, and upon thirty
(30) days written notice from the Director of the Department of
Public Works of the City.* 1�
It is expressly understood and agreed that this instrument
shall be binding upon OWNERS and also heirs, successlors in
interest or assigns of OWNERS, and shall be a condition implied
*Owner will maintain liability insurance in the amount of one
million dollars for the life of the structure naming the City as
• r
a co-insured party.
83-•'59 f
l
in any conveyance or other instrument affecting the title to the
aforesaid property.
IN WITNESS WHEREOF the CITY and OWNERS have hereunto set
their respective hands and seals this �LdaX oI
1983.
WITNESSES:
NsAlot signaijures
s oboth sig ures
STATE OF FLORIDA )
SS.;
COUNTY OF DADE )
. Freedman
(SEAL)
(SEAL)
L)
,C%'6"t (SEAL)
Debra B. Freedman
I HEREBY CERTIFY that on this :21 day of c.v , 1983
before me personally appeared David A. Freedman and Debra B.
Freedman, his wife, to me known to be the persons who signed the
foregoing instrument as owners and who acknowledged before me
they executed the foregoing instrument for the purposes expressed
therein.
Notary Public tate of ; I
Florida at Large
t
MY COMMISSION EXPIRES:
APPROVED AS TO FORM AND CORRECTNESS:
1.0%7
R. Garcia -Pedrosa
ity Attorney
APPROVED:
pe-
Department of Public Works
PREPARED BY:
epartment of Law
NOTARY PUBLIC STATE OF FLORIDA
M:' C^MMISSION ExPIRES NOV 12 1986
l6NDID TMRU GENERAL INSURANCE UND
This instrument is accepted pursuant to Resolution No.
Passed and adopted
83-59
'A
e
CITY OF MIAMI, FLORIDA
rO Howard V. Gary
City Manager
INTER -OFFICE MEMORANDUM
u A T F-' June 30, 1983 FILE
Resolution Accepting Covenant for
Existing Garage Encroachment into
the Public Right -of -Way of
Tigertail Court
(For Commission Meeting of
d C Do .
July 18, 1983)
at er
Director of Public Works Resolution and Covenant
The Department of Public Works recommends
the adoption of a resolution accepting a
Covenant To Run With The Land from David A.
Freedman and Debra B. Freedman, his wife,
relating to the existing garage encroachment
within the public right-of-way of Tigertail
Court and directing the proper officials to
record said covenant in the Public Records
of Dade County, Florida.
Mr. & Mrs. Freedman are the owners of the property at 2331 Tigertail
Court. They are requesting permission for an existing garage en-
croachment into the public right-of-way of Tigertail Court to remain.
Since no real problem exists because of the encroachment, the
'Department of Public Works finds no good reason for requiring that
the encroachment be removed at this time.
The owners have, therefore, asked the City to be relieved of their
obligation to correct the encroachment at this time and have executed
a Covenant 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 appears to adequately pro-
tect the City and the public.
RB:rj
83-59 e
Ot
r
TO
7
CITY OF MIAM1. FLORIDA
INTER-OFFI,11CIE . MEMORANDUM '
109 _
v J S
H d `% G GATE: �,J e`' 70 1983 FILE:
owar ary
City Manager
FROM
D S �d. Aa4ier
Director of Public Works
f
Resolution Accepting Covenant for
SUBJECT. Existing Garage Encroachment into
the Public Right -of -Way of
Tigertail Court
REFERENCES: (For Commission Meeting of
ENCLOSURES: July 18, 1983)
Resolution and Covenant
The Department of Public Works recommends
the adoption of a resolution accepting a
Covenant To Run With The Land from David A.
Freedman and Debra B. Freedman, his wife,
relating to the existing garage encroachment
within the public right-of-way of Tigertail
Court and directing the proper officials to
record said covenant in the Public Records
of Dade County, Florida.
Mr. & Mrs. Freedman are the owners of the property at 2331 Tigertail
Court. They are requesting permission for an existing garage en-
croachment into the public right-of-way of Tigertail Court to remain.
Since no real problem exists because of the encroachment, the
Department of Public Works finds no good reason for requiring that
the encroachment be removed at this time.
The owners have, therefore, asked the City to be relieved of their
obligation to correct the encroachment at this time and have executed
a Covenant 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 appears to adequately pro-
tect the City and the public.
RB:rj
�3 9)
83-59 i