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Home My WebLink AboutR-78-0213RESOLUTION NO. 7$0'213 A RESOLUTION ACCEPTING A DEED CONTAINING CERTAIN STIPULATIONS FROM JEANETTE CLAM CONVEYING TO THE CITY OF MIAMI FOR THE IMPROVEMENT OF N.W. 28 STREET A 104OOT STRIP OF RESERVED ZONED WIDTH RIGHT OF WAY ABUTTING N, W. 28TH STREET AT N. W. 21RD COURT, WHEREAS, in order for the highway improvement of N.W. 28th Street to proceed in the best possible fashion, it became necessary to secure various strips of undedicated reserved zoned right of way along this path; and WHEREAS, as a result of the City's solicitation of the apper- taining owners, 6 deeds of dedication conveying the necessary right of way were received and subsequently accepted by City Resolution No. 78-125, passed and adopted February 23, 1978; and WHEREAS, a seventh (7th) deed dated February 23, 1978 was received by way of negotiation with the owner, Jeanette Clark, conveying the necessary right of way adjacent to that acquired from one of the aforesaid deeds, providing for a smoother tran- sition; and 601-4 Z" agreed to relocate an existing chain link fence in line with the Ct:.-a- ° amended property line; and also to effect the disconnection from aU -the septic tank located within the conveyed area, and to reconnect J0 LJ-the lateral pipe required for the transmission of effluent from WHEREAS, in exchange for the seventh deed, the City of Miami the building situated on the premises to the sanitary sewer system located on N.W. 28th Street as provided by the City of Miami; and "DOCUMENT INDEX IT", ' ' . o 1 1 WHEREAS, the February 23, 1978 deed from Jeanette Clark corrects a previous deed dated November 18, 1977 from this owner conveying the same right of way, but which contained an additional stipulation in error, all reference of which has been deleted from said revised deed; and CITY COMMISSION MEETING OF MAR 31978 .,._..�� ' R 21 3 I............................ WHEREAS, it is estimated that the fait market value of the conveyed strip of land exceeds the City's cost to comply with the stipulations contained in said deed, the cost of which has been allocated from General Obligation Highway Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI: Section 1. The February 23, 1978 deed from Jeanette Clark conveying for the N.W. 28th Street Highway Improvement the north 10 feet of the west 60 feet of Lot 1, Block 2, of WESTHAVEN, according to the plat thereof, as recorded in Plat Book 6, at Page 95 of the Public Records of Dade County, be, and the same is hereby, accepted. Section 2. The Agreement by the City of Miami to relocate an existing chain link fence in line with the amended property line; and also to effect the disconnection from the septic tank located within the area conveyed by said deed, and to reconnect the lateral pipe required for transmission of effluent from the building situated on the premises to the sanitary sewer system located on N.W. 28th Street as provided by the City of Miami, be, and the same is hereby, accepted. Section 3. The Property Manager of the City of Miami is hereby authorized and directed to record said deed in the Public Records of Dade County, Florida. Prrl y 0 PASSED AND ADOPTED this 23rd day of March, 1978. ` L'ri L f\ 1• FULLQ V� ST. -7 CITY CLERK PREPARED AND APPROVED BY: ��/ :: rail /N I - Assistant City Attorney Maurice A. Ferre MAYOR A ED AS TO ORM � D CORRECTNESS; EORG2 F. KNOX, JR. , C TY ATTORNEY r 78 213 MENICY.ANDIPI raer r: Joseph R. Crassie City Manager "'",,...;-- ' ) ,zre C e DIY • , L - G. -C/, William R, Parkes, Director Department of Public Works (A7.-:Match 23rd, 1978 LE: Resolution accepting Right'of.. Way deed for N.W. 28th Street Highway Improvement Copy of deed Please place on the March 23, 1978 City Commission Agenda a Resolution accepting the February 23, 1978 deed from Jeanette Clark, conveying to the City of Miami for the subject improvement a 10-Foot Strip of Right -of -Way Fronting her property on N.W. 28th Street at the Southeast Corner of N.W. 23rd Court. PERTINENT INFORMATION The City of Miami has proposed a Beautification and Street Improvement Project on N.W. 28th Street from N.W. 17th to 27th Avenues, with the aid of City of Miami Community Development, and Highway Bonds. In order for this improvement to proceed in the best possible fashion, it became necessary to secure various strips of undedic- ated zoned right of way along the path of this improvement. Thus far, six (6) Deeds of Dedication conveying the necessary right of way has been received and subsequently accepted by City Resolu- tion No. 78-125, passed and adopted February 23, 1978, and Duly Recorded. We have now received a seventh (7) deed conveying the necessary Right of Way immediately adjacent to right of way secured from one of the aforesaid deeds, from Jeanette Clark whose property is located at 2340 N.W. 28th Street, providing for a smoother transition. This deed formally corrects a previous deed dated November 18, 1977 conveying the same strip of land to the City. That deed contained a stipulation among others, relating to the satisfaction by the City of Miami of all sewer assessment liens against the property pertaining to Sanitary Sewer District 5385 S & C. Page 1 of 2 ../t \ I I t1 DCU ivl ENT S FOLLOW" 78- 213 Joseph ter Gtassie, City Managet Match 84 1678 The 1ebtuary 28, 1978 Deed (Copy Attached) from Jeanette Clark delete's all reference to the said sewer assessment lien stipulation, However, the corrected deed, as did the previous deed, requires the city of Miami in exchange for the said right of way to bear the cost of relocating the existing chain link fence and also to effect the disconnection from the septic tank located within the conveyed area, and the reconnection of the lateral pipe required for the transmission of effluent from the building to the sanitary sewer system located on N.W. 28th Street, It is estimated that the fair market value of the conveyed land exceeds the total cost to the City of Miami to satisfy the afore- said stipulations, which sum has been allocated from General Obligation Highway Bonds. It is now in order for the City of Miami to agree to this exchange and to accept the aforesaid deed and to authorize said recordation. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS THAT THE CITY COMMISSION AGREE TO THE EXCHANGE HEREINABOVE PROPOSED AND TO ACCEPT FOR RECORDING PURPOSES, THE FEBRUARY 23, 1978 DEED FROM JEANETTE CLARK CONVEYING FOR THE N.W. 28TH STREET HIGHWAY IMPROVEMENT, THE NORTH 10-FEET OF THE WEST 60 FEET OF LOT 1, BLOCK 2, OF WESTHAVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, AT PAGE 95, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. [ATE P : ACB : s vd Enclosure: Copy of Deed Page 2 of 2 tdAWIAr TY,.., Kri THIS lilt)lPil`tltil:, Made this ,'025 lay c;C between L9'4 Jeanette Clark, a raidota of the County of bade., in the State of norida, patty of the first pert, and THE CITY or WANT, A Municipal Corporat inn, P,0. Box 330708, Coconut Grove Station, Miami, 33133, of the County of Dade, in the State of Florida, party of the second part.. - W1TN1;SSt;Til, That the said party of the first part, for and itt consideration of the sum of One ($1.00) Dollar and other good and valuable considerations to her in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns, forever, the following described land, 'situate, lying and being in the County of Dade and State of Florida, The North 10 feet of the west 60 feet .of Lot 1,.. Block 2, of Westhaven, according to the Plat thereof, as recorded in Plat Book 6, at Page 95, of the Public Records of Dade County, Florida. The grantee herein shall relocate the existing chain link fence in line with the amended property line hereby created; and shall also effect the disconnection from the existing septic tank and the recon- nection of the outfall pipe lines required for the transmission of effluent from the building situated on the premises hereinabove des- cribed, to the sanitary sewer system located on N.W. 28 Street, as provided by the City of Miami. All labor and material costs pertaining to the aforesaid func- tions shall be borne entirely by the Grantee herein. 'This deed is a correction deed to effect the deletion of that certain agreement made by the grantee herein, relating to the satisfaction of all sewer assessment liens against the hereinabove described property pertaining to Sanitary Sewer District 5385 S&C, as stipulated in that November 18, 1977 deed between the parties herein and duly recorded on January 24, 1978 in Official Records Book 9924 at Page 2172 of the Public Records of Dade County, Florida. And the said party of' tho first part dces hereby fully warrant title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year above written. ;lc I R T I \f. .. • 1 . A.r.-. k 't fl i�. ,� t Signed, sealed and delivered in the presence of us: .WiLless To Both S igna ores /2,C,V,q,✓Doo 1_0 P/ z print name 7.v7/f'iv/C. i,34(orlt print ad es s x wa an 4a Jt i;it7TIline print aciclrc1ss (SEAL) (SEAL) STATE OP MAMA GA ) COUNT\ OP bAnt ) l HEREBY CERTIFY that tltt this day personally appeared before me, an officer duly .iuthtiri; ed ► u administer oaths and take ackttowl" edgmc tits, Jeanette Clark, a widow to 111e well known to he the person described in and who c c uted the foregoing deed, and acknowledged before the that she executed the same freely and voluntarily for the purpose therein expressed. WITNESS lay hand and official seal at Miami, County of Dade, and State of Florida, this ay4Cday of T,1 , A.D. 19/j, My Commission Expires i. t ry PtMc. St to of florid: 41 large Etrares 5rpt. 12, 141 10414•4 Sy Afinuic.d Nit • C.sa4W combs*, APPROVED AS TO FORM ANDZECTNESS 374 City Attorney APPROVED AS TO DESCRIPTION v/:, ' `tom# e".0., r Director, Department of Public Works Notary Publ This Instrument Accepted Pursuant to Resolution No. Passed and Adopted • This Instrument Prepared By Lh p.tr1 nlent or Law City of Miami, Florida State 'iL Florida •