HomeMy WebLinkAboutR-81-08950 0
RESOLUTION Nok 8 9
A RESOLUTION VACATING, DISCONTINUING AND
ABANDONING TWO (2) SANITARY SEWER EASEMENTS
AND RETURNING SAME TO PRESENT OWNERS LOCATED
PARTIALLY WITHIN UNPLATTED LAND SITUATED AT
APPROXIMATELY 1300 S.E. BAYSHORE DRIVE AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A QUIT CLAIM DEED THEREFOR,
WHEREAS a request has been made to vacate discontinue
,an d abandon two (2) sanitary sewer easementsgrantedtothe City
of Miami in 1942 and 1956 as recorded in O.R.B. 2236 P. 485 and
O.R,B. 4343 P. 401 of the Public Records of Dade County, Florida;
and
WHEREAS, said easements which lie partially within land yet
to be platted are not being utilized by the City of Miami nor any
utility company; and
WHEREAS, the sanitary sewer in said easements has been
reconnected to the Bayshore Drive Interceptor and no longer,,O,utfalls
to the bay; and
WHEREAS, it has been determined that it would,not be detrimental
to the interest of the City of Miami to relinquish the aforesaid
easements, and any refusal to do so would prevent the present owners
from utilizing the property for its highest and best use;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
.CITY OF MIAMI, FLORIDA:
Section 1, The City of Miami does hereby release those
certain 10-foot wide sanitary sewer easements running north of, and
parallel with S. E. 14th Street, lying in the unplatted tract
easterly of S.E. Bayshore Drive and abutting Biscayne Bay and
recorded in O.R.B. 4343 P. 401 and O.R.B. 2236 P. 485 of the Public
Records of Dade County, Florida.
Section 2. The City Manager and City Clerk are hereby
authorized and directed to execute a quit claim deed releasing
the aforesaid easements in favor of the appertaining owners of
CITY COMMISSION
MEETING OF
OCT 0 7 1981
RESM0,10h 8.
.......................
El
81 - 895
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_ TO Howard V. Gary
City Manager
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CITY OF MIAMI. FLORIDA
INt-MRMEMORANDUM
DATE. August 19, 1981 FILE:
SUBJECT Resolution Vacating and
releasing two (2) Sanitary
Sewer Easements.
Donald W. Cather REFERS"CES. For Commission Meeting of
Director September 10, 1981.
D t Works FYorks ENCLOSURES Resolution and Two (2) Quit-
._ _ Clai.m�eQsis
THE DEPARTMENT OF PUBLIC WORKS RECOI-21ENDS ADOPTION
OF THE ATTACHED RESOLUTION VACATING AND ABANDONING
1140 (2) SANITARY SEWER EASE14ENTS AND RETURNING
SAME TO PRESENT 014NER BY AUTHORIZING AND DIRECTING
CITY MANAGER AND CITY CLERK TO EXECUTE A QUIT-
CLAIM DEED THEREOF.
In 1942 and 1956 the City of Miami was granted easements for sanitary
sewer purposes. The sewer contained therein has since been abandoned
and is no longer being utilized or needed. It has since been recon-
nected to the interceptor on S.E. Bayshore Drive.
The present owners of the property through which the easements pass
have requested the return of said easements to them by formal remov-
al of them from the Public Records.
This resolution permits the proper execution of the attached quit-
claim deeds which are made a part hereof.
WKB:es
cc: Law Department
Encls.: Resolution
Quit -Claim Deeds (2)
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lmown to me to be the City Manager and the City Clerk, respectively, of THE CITY OF MIAMI. a mu-
nicipal 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 acknowledgcd tic execution thereof to be their free
and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they af-
fixed 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 cor-
poration.
WITNrSS my hand and official seal in said County and State the day and year last aforesaid.
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81-89
0 0
THt CITY Oc NIIAMI
CITY oC MIAMI. a municipal corporation of the Stated Florida, lift the County of bade, of the
fftt part, as grantor, and HELI1.
ME'i CMITEP, WIC, a r�lorida Corrorltion
of the County the State of... --.~...Florida
grantee (the word "grantee" meanin? of the second part, as
g „ either singular or plural and including the heirs, assigns, personal rep-
resentatives and successors thereof, where the context so requires or admits);
WITvesssTH: That the grantor, for and in consideration of the sum of One Dollar ($1.00) paid
by the grantee, the receipt whereof is hereby acknowledged, and other valuable considerations, has remised,
released and quit -claimed, and by these presents does remise, release and quit -claim unto the said grantee,
all the right, titl--interest, claim and demand which the grantor has in and to the following described
land, situate, lying and being in the County of Dade, State of Florida, to -grit:
` ttt CITY OF 1,11AIAI
WrTIN SSETH: That the grantor, for and in consideration of the sum of One Dollar ($1.00) paid
by the grantee, the receipt whereof is hereby acknowledged, and other valuable consi.r�'trntions, has remised,
r^I^ased a.:d quit-clai.-ned, and by these presents does remise, release and quit-claicn unto the said grantee,
all the right, title, interest, claicn and dernand which the grantor has in and to the following described
L-d, situate, lying and being in the County of Dade, State of Florida, to -wit:
Grant of. Easement dated May 4, 1942, recorded in Deed
Loot: 2236, at Page 485, of the Public Records of Dade
County, Florida, from 17alter Martin and Kate Havlin
Martin, his wife, to The Coty of Miami, covering a
strip of submerged lard 10 feet wide lying immediately
South of an adjoining the Easterly production of the
North lire of Lot 26 of Bloc; 105 South, according to
Brickell's Addition to The City of Miami, as recorded
in Plat Book B at Page 113 of the Public Records of ..
Bade County, Florida; said strip of lard extending
'-from the then present seawall to the United States
Harbor Line on the West shore of Biscaync.Bay.
a: t
To Fi.V2 ND To HOLD the same together with all and singular the appurtenances thereunto belong.
ing or in an3 rise appertaining, and all the estate, right, title, interest and claim whatsoever of the said
grantor either at law or is equity, to the only proper use and benefit of the said grantee forever.
I:: VIMUe s WHEREOF, The City of Miami, a municipal corporation of
ae State of Flonda, has caused this instrument to be executed in its name and
its corporate seal to be affixed hereto, by its City Manager and its City Clerk,
both thereun:o duly authorized, this...._.,.,
-,.day of............, -
Sig.:rd, sealed and delivered in the presence of:
$1_8951
.-_ ...,.._....:._...........».._ ., 19 ,personally appeared before me_....�ri.Q�:?.1r»'S�...-Y.►.._C��r
mown to me to be the City hlanager rind the City Clerk, respectively, of THE CITY OF AIt.:I, a mu-
nicipal corporation in and under the laws. of the State of Florida, and known to me to be the pe:scrs who
executed the foregoing instrument, and they severally acknowledged the execution the-cof to be the.1y free
and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they af-
fixed thereto the official seal of the said municipal corporation, all by and with the authority of la.: and
of the City Commission, and that the said instrument is the free and formal act of the said municipal cor-
poration.
WriKEss my hand and official seal in said County and State the day and year last aforesaid.
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Tills INSTRUMENT Is
ApovD As To pEscf�Pl10N
EyCCUTED PURSUANI TO
Director Q� ��3C ��'��
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