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HomeMy WebLinkAboutR-77-0459ITEM NO.. RESOLUTION NO, 77'459 A RESOLUTION RELINQUISHING AND AtANDONINO. i UTILITY EAHEMENT LOCATED WITHIN UNPLATTEb LAND $IrUATED AT APPROXIMATELY 4343 WEST VLAGLER,sTR,ET; AND AUTHORIZING AND bIRECTING THE CITY MANAC7Et AND CITY CLERK TO EXECUTE A QUIT CLAIM bEEb THEREPOR. WHEREAS, a request has been made to relinquish and abandon a utility easement granted to the City of Miami in 1959 in exchange for a variance, authorized by Resolution No. 8810 and Ordinance No► 6498 of the City of Miami, permitting erection of two, 2-story, 10'=unit apartment buildings on private property; and WHEREAS, said easement which lies within land yet to be platted has 'never been utilized by the City of Miami nor any utility com- pany and WHEREAS, the buildings proposed to be constructed under this variance were never erected; and WHEREAS, the Planning and Zoning Department of the City of Miami has indicated that said variance expired by its own terms; and WHEREAS, since the owners are unable to avail themselves of the privilege of erecting the aforesaid buildings at this time, the underlying reason for the granting of the easement no longer. exists; and WHEREAS, it has been determined that it would not be detri- mental to the interest of the City of Miami to relinquish the aforesaid easement, and any refusal to do so would prevent the present owners from utilizing the property for its highest and best use; WENT INDEX 9 CITY COMMISSION MEETING OF MAY i 11977 wiauTioN Mo NOW,:T REPOR tr "•MIAMI , PLORIDAt Seetic�n e City of Miami does' ►ereby release thlat certa h lOfoat wide .utility ,easement running af, 'pa:wallet with, st Plagler Steet,.lying in the unplatted,tract easterly.ef, and e, abutting , TEPPiE1 ' S SUBDIVISION (47 104).' action 2. The City Manager and City Cierk are hereby autbor! and directed•to,execute a quit claim deed'releasing the afore easement in favor of the appertaining owners of record, :EDWARD M. SWERDLIN and RALPH A. DE MEO. PASSED AND ADOPTED this _19th. day sep'h R$ Otassid ity Manager William L. Parkes Acting Director Department of Public W'otks 10,H1977 ;s =' Oentral teso1ut icft Disc1 airiiifg 10 loot seiletit - 43 Avenue and West ldgitt Street In 1959, as a condition to. having been granted `a variance to periit E-instruction of tt�1o, 2-story, 10=unit apartment buildings, the City of .Miami received a grant of easement (as Shown red shaded in the attached drawing) for utility purposes, with the usual reversionary interest. Since these buildings Caere never erected, and since the easement A.S. not presently being used by the City nor any utility company, the owner has requested that the City of Miami relinquish same in order that the property can be utilized for its highest and best use. The Department of Public Works has investigated this matter and finds no reason to refuse the owner's request. It is now in order for the City Commission to release whatever interest. 'the City has in the aforesaid easement. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS THE ADOPTION OF THE ATTACHED RESOLUTION RELINQUISHING THAT CERTAIN 10-FOOT WIDE UTILITY EASEMENT • RUNNING NORTH OF, AND PARALLEL WITH, WEST FLAGLER STREET, LYING IN THE UNPLATTED TRACT EASTERLY OF, AND ABUTTING, TEPPER'S SUBDIVISION (47-104); AND AUTHORIZING AND DIRECTING THE CITY MANAGER. AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED THEREFOR. 6P MAW I: p� ALt, 81A1t'OP 1%OI{ I T1`its Qti t-Ct.AIMt Dt kb, tirade this day of ., 119,..,:..,, by acid bettveeft THE ctTY OP MIAMI, a hititiicipal corporation of the State of Florida, iii tie Cots ity of Dade, of the first part, as grantor, and EDWARD M. St ERDLIN and RALPII A. DE ME0. of the County of Dada in the State of P:1:o.i ida , of the second part, as gratitee (the word "grantee' meaning either singular or plural and including the "heirs, assigns, personal rep-" resentatiVes and successors thereof, where the context so requires or admits) WtTNEssl:rtt: 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, title, 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 -wit: Beginning at the Northeast corner of Lot 8 in Block 1 of TEPPER'S SUBDIVISION, ac- cording to the Plat thereof, as recorded in Plat Book 47 at Page 104 of the Public Records of Dade County, Florida, thence run Eastwardly along the Easterly prolongation of the North line of said Lot 8 a distance of 106.00 feet to a point; thence run Northwestwardly a distance of 10.00 feet to a point; thence run Westwardly along a line 10.00 feet Northerly of and parallel with the aforementioned Easter- ly prolongation of the Northerly line of said lot 8 a distance of 106.00 feet, more or less, to the Easterly boundary of TEPPER'S SUBDIVISION;, thence run southwardly along the Easterly boundary, 'of TEPPER'S SUBDIVISION a distance of 10.00 feet to the point of beginning. To HAVE AND To HOLD the sametogether with all and singular the appurtenances thereunto belong- ing or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said grantor either at law or in equity, to the only proper use and benefit of the said grantee forever. IN WITNESS WHEREOF, The City of Miami, .a municipal corporation of the State of Florida, 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 thereunto duly authorized, this day of 19 Signed, sealed and delivered in the presence of, •ttATE PLI3MA COtINIV 13Atik • 1, bffietr ntithbri2td tee takt deithotteletighieritS,I1iIttliftPV thlt „„„ itplitated before hid JOSEP bflfisf elf „GtkASSIt - .. 1.41 .. .. . 4.1 .... ... • IthOVVO, to the to be the City Manager and the City Clerk, respectively, of TIM CITV OV WAN a iti4hkia14 corporation n and under the laws of the State of 11orida. and Ithowu to the to be the perSohs who executed the foregoing instrurnent, and they severally acknowledged the execution thereof to be their free arid 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 eorporatioh, all by and with the authority of 1aW and of the City Commission, and that the said instrument is the free and fotrnal act of the said municipal tor. potation, Wittltss my hand and official seal hi said County and Stato the day and year last aforesaid. o A < • - oei ,• • P-41' 0 •>,- ' • H -. cc$ tzl ••:-.1 • 0 , 0 zij--"' A • cn L — 0 u E,, ° •_„( . z TiliS INSTRUMENT is gxpouTgo puRsoANT TO ogoINANcg No. ANT) TigsoLVTioNNo.......................... . ... .. . ...... ... . .. . . .. .................. 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