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HomeMy WebLinkAboutR-79-0348RESOLUTIONNO 79-348 A RESOLUTION RESCINDING RESOLUTION NO. 78-696; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT- CLAIM DEED RELEASING A 20-FOOT EASEMENT THROUGH LOTS 12, 13 AND 14 OF SNUG HARBOR (91-79); AND ACCEPTING A NEW 20-FOOT PERMANENT EASEMENT THROUGH LOTS 12, 13 AND 14 OF SNUG HARBOR (91-79) WHEREAS, Resolution No. 78-696 authorized the City Manager to release a 20-foot easement and accept a new 15-foot easement in SNUG HARBOR (91-79); and WHEREAS, CLM Corporation, the owner of Lots 7 through 1.4, Block 1 of SNUG HARBOR (91-79) have replanned the development of their property so that it can occur by adjusting the lines of the existing storm sewer easement; and WHEREAS, the provisions of Resolution No. 78-696 are no longer necessary: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Resolution No. 78-696 is hereby rescinded. Sectionto 2. That the City Manager is hereby authorized and directed accept and record in the Public Records of DadeCounty, described 20-foot wide storm sewer easement:, Florida, a Grant of Easement from CLM Corporation of the oi Commence at the Northwest corner of SNUG HARBOR, according to the plat thereof, as recorded in Plat Book 91 at Page 79 of the Public Records of Dade County, Florida; thence S 64°31.' 05" E along the Northerly line of said SNUG HARBOR a distance of 288.36' to a point; thence S 73°39'25" E continuing with said Northerly line a distance of 2.07' to the POINT OF BEGINNING of the hereinafter described easements; thence S 73°39'25" E continuing with said Northerly line a distance of 20.27' to a point; thence S 25°38'47't W departing said Northerly line a distance of 144.09' to a point on the Southerly line of said SNUG HARBOR being the Miami River Channel line; thence N 51°54'13" W along said Southerly line a distance of 20.48' to a point; thence N 25°38'47" E departing said Southerly line a distance of 136.40' to the POINT OF DOCU"rft''cl BEGINNING. "SUPPORl'IVE 1.0()cu!k!ilmT FC,I.Lc)1,vy, 11.r:A DEY% CITY COMMISSION MEETING OF MAY2 2 1979 7 9 - 3 4 MUM 110011040111111110104.111.1010.111101111110 Section 3. ` That the City Manager and the City Clerk be, and they are hereby, authorized and directed to execute a quit-claim deed releasing to CLM Corporation the existing`20-foot storm sewer as shown through Lots 12, 13 and 14 of SNUG HARBOR as in Plat Book 91 at. Page 79 of the Public Records of Dade Florida. PASSED AND ADOPTED this 22 day of May , `1979.` easement recorded County, Y CLERK PREPARED AND APPROVED AS STANT CI TY ATTORNEY: TORNEY SUPPORTIVE DOCUMENTS FOLLOW" V.79.348 1 1 1 TO: FROM: 54 Joseph,R. Gras sie CityManages Donald W. !'Cather Director Department of Pub CITY OF MIAMI. FLORIDA INTt ;-0F?icy MEMORANDUM Works April 17 19.79. Resolution - Re: Sewer Easement - Storm HARBOR (91-7 Comm.Meeting) Resolution, Sketch, Res.#78-696 Please place on the Agenda for the.niay"10, 1979"City Commission meeting:. -a resolution rescinding`Resolution"No..78-696;' authorizing the City Manager,to"p ecute a quit footlaermanentreasement through easement and accepting -;a new .20 p Lots =12, 13 and'.1i4 of-` SNUG HARBOR (91-79�) . The City Commission, at the. request of CLM"C.orporation,"authori;ted the City Manager: to release a 20-fo,ot:easement through'Lots 12,' 13, and 14, and,aacept anew 15-aooataofment the platuof SNUG,GWHARBORy The 15-feet of- Lot..7,,all. .being pr CLM:1-Corporation ha:3 ,now'replanned tev he, delopment" of _their: property and have now requested that .-the :heeexistingt20nfoottlstorm ewer�be be rescinded, and the lines of,,t adjust,edto accommodate their development, and that this new 20-foot storm. sewer.leasement be `accepted by` the City, to accommodate the existing storm. sewer through" their property..'. THE DEPARTMENT OF. PUBLIC'. WORKS RECOMMENDS THE ADOPTION OF,-THE":ATTACHED RESOLUTION RESCINDING RESOLUTION NO. 78-696; `AUTHORIZING THE CITY"MANAGER TO EXECUTE A QUIT -CLAIM DEED" 'RELEASING A'20-FOOT:EASEMENT AND ACCEPTING; A'. NEW 20-FOOT EASEMENT'. APCcvh f • ,. .•r,r/ rr� 1 iyr _~i� ~.�-- r--e z Z. 3 FX", 7; 24 SIc>seen Sti#er. E-asE'mErit //41 / R "SUPPORTIVE DOCUMENTS FOLLOW" JOB NO. - SHEET NE k,sC FILE NO. . i"? OP 79-34-8 20 30' /4-5 • :•• .,,,, le' ,err GRANT OF EASEMENT (From Corporation to Corporation) • FONM ENO. 136 6.61 rant Cif 3asentent TO LAY AND MAINTAIN A STORM SEWER, allto 3ndrnture BETWEEN (lade this day of CLM Development Corporation` 2833Bird Avenue Miami, Florida 33133 existing under the laws of the State of Florida, party of the first part and TII Florida, party of the second. part. WITNESSETII, That said party of the first part, ; for and in consideration of the sum of One Dollar (51.00) and other good and valuable considerations, to it in hand paid by said party of the second part, the receipt whereof is hereby acknoulcded. does_ hereby grant, give and convey" to the party of the second part, its successors and assigns, forever, a permanent easement , for the purpose; of constructing, laying and maintaining a 'jstorm Sewer through, over, across and under the surface of the following described land,' situated in The City of Wand, County of Dade and State of Florida, to -wit: Corporation of the. State of A.D. 19 a corporation' CITY OF MIAA1 rnanicipal, A20';storm drainage easement through SNUG HARBOR (91-79), lying and being in Section 35, Township 53 South, Range 41 East, City of Miami, Dade County, Florida, being more part- OF.Thit icularly described as follows: Nr` ` ` S COMMENCE at the Northwest corner of SNUG HARBOR �p��t. t1.0 Y� Plat Book 91 at Page 79; of the Public Records according to the plat thereof as recorded in of Dade County, Florida; thence S 64° 31'05" E along the Northerly line of said SNUG HARBOR a distance of 288.36' to a point; thence S 73° 39'25" E COft2n07ngtowith t esaid POINT OFNortherly line a distance of BEG- INNING of the hereinafter described easement; thence S 73o39'25" E continuing with t�saoint;id Northerly line a distance of 20.27' S 25° 38'47" W departing from said Northerly line a distance of 144.09' to a point on the Southerly line of said SNUG HARBOR, said line also being the Miami River Channel line; thence N 51i54'13" W along said Southerly line a distance of 20.48' to a point; thence N 25° 38'47" E departing said Southerly line a distance of 136.40' to the POINT OF BEG- INNING. I.IiiuiplUII IT IS UNDERSTOOD AND AGREED" by and between the parties hereto that THE CITY OF % IAAII. a municipal Corporation, agrees that the said storm "" Seiner to be constructed under the Property hereby given for such right, " shall always be maintained so as not tobe or become a nuisance. SIIOULD the above easement be abandoned or discontinued by operation of law or otherwise, the said. easement shall cease and revert to the Grantor herein, its successorsor assigns. IN WVITN1iSS 1V111:REOI7, the said party of the first part has caused these presents to be signed in its by its proper officers, and its corporate seal to he affixed, attested by its Secretary, name the day and year above written. (SEAL) Attest 0tate of 3Fll ribit, (L1nttnt.T n DADE Secretary By: .21 �;;rrrhg (1irrtifg that on this day 0 beforeme personally appearedThomas Mello, President Hernando. A."Carillo and Secretary, respectively, of CLM, Development Corporation President , A.;<D. 19` , resident a corporation under, thelaws to me known to be the persons who signed the foregoing instrument of the stare o Florida such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that thesaid instrument is the act pad deed: o f said corpo►atiorr.. as itllrI113 my hand and official seal at in the County f Dade the day and year last aforesaid. My Commission expires: Miami and State o Florida:' Notary Public, State of Florida RESOLUTION NO. 1 49 4 A RESOLUTION AUTHORIZING THE CITY MANA0ER TO EXECUTE A QUIT -CLAIM DEED RELEASING A 20-FOOT EASEMENT THROUGH LOTS 12, 13 AND 14 OF SNUG HARBOR (91-79); ACCEPTING A NEW 15-FOOT PERMANENT EASEMENT THROUGH THE WESTERLY 15 FEET OF LOT 7 OF SNUG HARBOR (91-79); AND ACCEPTING A STORM SEWER AND OUTFALL ACROSS SAID EASEI4ENT, CONSTRUCTED BY CLI4 CORPORATION, AT NO •COST TO THE CITY. WHEREAS, cL/\,/ corporation, the owner of Lots 7 thilu 114 and the southea.sterly 91.95' 91 at PageBlocic 1, of Lot 15, of Snug Harbor, as across said 1(3ta. ) • true a recorded in Plat BookPublic Records of' Dade 79 of the t building desires to cons inage ea County, Florida, dhere is ty whio , ent dra. • and t Perrrlan 1 semen t i an a 20-f • oo had be WHEREAS, t . 'to the Cityin order tthe City abandon13 and 1 ' Mia ° proceed WHEREAS, n Harbor, id Plat h en granted construction this exis 2 13 a of Snug through mi bysaid with t d 14 o roPer f . a said this P h Lots 3_ , of he constr ting ding buil drainage foot t of Snug 20-foot thePowner ha.s requestedh said. permanent easement throug , __I perm nage and has agreed to grant the City a newanent ard aridexpensePublicaliat emen thecost the t through the westerly 15 relocateat 110 c deems said feet of Lot 7 of said Pla eas ernenthe t at its Harbor ovn nt ofthe inst WHEREAS, eas to 0 existing storm sewer outfall to the nevr and . the City; and • to 15 i /I of _foot sufficient Depa.rtme-for otorY Works meritfail: THE c and sa.tisfa ea.se is BY storm sewer and out THEREFORE, CI. y im That the directed t ,.. s,s_rmane IT RESOLVED the COMMISSIONOF THE IDA: BE t au the existing a 1 NOW, and Secti ize su Managerute a Clerk be, CITY •on 1. d and 01-L 20-fe'°' ijv''' Harbor OF IiIIATIII, FLORIDA g City0 exec nt Quit-.Cla hereby, releas are rpera 12, thor and they CLM Co 14 of n drainage in3 t throuG Deedt as semen ea shown tion13 an Lots Miami Plat Dade County,,Florida, Section 2. That the proper. officials off the City of, be and they are -hereby, authorized and directed: to accept and Miami � as recorded re Book-91 at Page 79 of the Public Records of in the Public Records of Dade ;County, Florida, a Grant o£ � foot CLM Corporation granting to the City anew 1.) permanent drainage easement through the westerly 15 feet of Lot 7 of Snug Harbor, as recorded in the Public Records- of Dade County, Florida; sa id Grant of Easement to include also the conveyance from CLM Corporation'"to the City of Miami of a new°storm sewer outfall to constructed; by • CLM Corporation, attheir own-expe.nse and -at;no . to the City, in accordance -with plans and specifications pre- by the Department of Public Works of the City of Miami.: of theexisting Section 3• That the vacating and releasing permanent drainage easement, as shown on the"plat of Snug and recorded in Plat Book 91, at Page 79, of the Public Florida, will not become effective"until f Dade County construction and conveyance; to the City record Easement be be cost pared 20-foot Harbor Records o a CLM Corporation. has completed constru of Miami the new storm sewer outfall nent drainage easement to be grant 15 feet 1978. ATTEST: ; located in the new d to the City through the westerly of Lot 7 of said Snug Harbor. PASSED AND ADOPTED this CITY CLERK PREPARED 13Y Assistant Cite Attorney day of MAYOR 15-foot perma- APPROVED AS TO FORM AND CORRECTNESS: Geor nox, Jr• ci , 'A -tonney