HomeMy WebLinkAboutR-77-0843`SUP^OnTIVE
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RESOLUTION NO.
77-843
A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR
THE CONSTRUCTION, INSTALLATION AND MAINTENANCE
BY THE CITY OF MIAMI OF A STORM SEWER LOCATED
AT ROCKERMAN ROAD NEAR BISCAYNE BAY; AND
AUTHORIZING AND DIRECTING THE PROPERTY OFFICIAL
OF THE CITY OF MIAMI TO RECORD SAME IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA
WHEREAS, investigation by The City of Miami of the
flooding conditions prevalent at
that a malfunctioning city storm
the captioned location revealed
sewer located on private prop-
erty was the proximate cause of this problem; and
WHEREAS, it was also disclosed that this structure had
not been positioned within the area designated for this utility
by the legal description contained in
ment to The City of Miami dated April
WHEREAS, in order to adjust
that certain Grant of Ease-
2 4 , 19 58 ; and
this situation, The City
of Miami and the appertaining owner mutually agreed to the aban-
doning of the existing facility and to constructing a new storm
sewer elsewhere on the property satisfactory to the owner; and
also to the requirement by the owner to tender to The City of
Miami a Grant of Easement permitting the new facility; and
WHEREAS, the owner having duly executed and delivered
the aforesaid instrument to The City of Miami, it is now ready
for acceptance by the Commission of The City of Miami and recorda-
tion in the Public Records of Dade County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
"DO CI 'r-41. !N0EX
CITY COMMISSION
MEETING OF
OCT2 ESO6 1977►►yy
RESOLUTION NO. f ,4 3
REMARKS:
Section 1. The May 12, 1977 Grant of Easement to
The City of Miami executed by the aforesaid appertaining owner,
Hunter Beall Rogers, Jr., for the construction, installation
and maintenance of a storm sewer within
the southeasterly
portion of Lot 12 and the southwesterly portion of Lot 13, in
Block 2, of Rockerman Heights, according to the plat thereof,
as recorded in Plat Book 53, at Page 27, of the Public Records
of Dade County, Florida, be, and the same is hereby, accepted.
Section 2. The proper official of The City of Miami
is hereby authorized and directed to record said instrument in
the Public Records of Dade County, Florida.
PASSED AND ADOPTED THIS
26 DAY OF OCTOBER j] (7,
1977.
SST
CITY.CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
MAi1RTCF, A. FERRE
MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
GEORe,] F. KNOX, JR.
CITY ATTORNEY
DOCUMENTS
?'1 Yi
OCT I9 Pa .5
111
Joseph R. Grassie
City Manager
• `i
•
William E. Parkes
Director of Public Works
October 26, 1977
Resolution Accepting Grant
of Easement for Storm Sewer
at Rockerman Road, near
Biscayne Bay
The Department of Public Works responded to a call from a property
owner concerned over the flooding conditions prevalent at Rockerman
Road near Biscayne Bay.
Investigation revealed that the proximate cause of this problem was
the malfunctioning of a City of Miami storm sewer existing on this
owner's property.
It was also found that this structure was not positioned within the
area designated for this purpose by the legal description contained
in the April 24, 1958 Grant of Easement given to the City.
Following a discussion with the owner, the following was mutually
agreed upon:
1. Abandoning the existing storm sewer;
2. Relocating a new facility elsewhere on the property
to the satisfaction of the owner; and
3. The owner tendering to the City a new Grant of Easement
permitting the installation.
The aforesaid instrument having been executed by the owner and
delivered to the City is now in order for acceptance by the City
Commission.
ifVr
. \J f...S
FOLLOW"-
.d
Joseph E Grassie
October 26, 1977
THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS
AN pNDSASE ACCEPTANCE
BYTHE ANH CITY
COMMISSION OF THE MAY 12, 1977 FOR THE
DRAWING ATTACHED) FROM HUNTER BEALL ROGERS, JR.,
CONSTRUCTION, INSTALLATION AND MAINTENANCE BY THE CITY OF MIAMI
OF A STORM SEWER WITHIN THE SOUTHEASTERLY PORTION OF LOT 12 AND
THE SOUTHWESTERLY PORTION OF LOT 13, IN BLOCK 2, OF ROCKERMAN
HEIGHTS, ACCORDING TO TIME PLAT THEREOF, AS RECORDED IN PLAT BOOK
53, AT PAGE 27, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
AND AUTHORIZING AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF
MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WEP :ACB:vh
Enclosures: Copy of Grant of Easement
Drawing
w.
BRAN', U►- EASEMI:N I
It)nM t' i . 111 6.81
PREP. St
CHKD. E3Y:
OBTD. EY:
($rant @f Eai rment
TO LAY AND MAINTAIN A STORM SEWER
�Y)
tl�11ItI ttipttfurL. ,+fade this /t day of
I1t77 wrliN
,9//ter-'
HUNTER BEALL ROGERS, JR., a single man,
of the (:aunty of Dade ► itt the State of 1:1nrida, part y
Tilt'. C17'1' ot, ,+11A111, A Municipal Corporation
of the first part, and
of the county of Dade, in the State of Florida, party of the second part.
WI'l Ni''. C 1711, That said party of the first hart, for and in consideration of the sum of
One Dollar (S1,00) and other good and valuable considerations, to him in hand paid by said party
of the see and part, the receipt a here„f is hereby acknowledged, do es he►rhy grant, give and convey
to the park ,if the second part, its suer essors and assigns, former, a permanent easement for the purpose
of constructing, laying and maintaining a Storrs
the folio/rine described land, situated in l'he City of
Sewer through, oter, across and under the surface of
County of Dade and State of Florida, to•trit:
See Attached Description and Sketch
Dc0i3 tY 1ENTS
1owl
F .�L1�
11' 1'.NI)1 it11(►t►1) .tSI) i(il.I 1i1) lov and between the prrttles hereto that lllli (.1"1'1' ()V iN1,
r1unicipal (.orporatNru, agrees that the said Storm
tart rn I r srrc h rl,rht, shed/ always he maintained/ so as
Sewer to he construe tell under the p►(perry hereby
Hat la he or urrorm' rt nuisance.
II()C1.1► the rlhnl'1' easement he abandoned or (Us/ow/trued uy r,perattr,u nl tan' nr n4/'er1l'154'i the Snit(
easement shall rertse and revert to the Grantor
--- bereda, his
IN it11'N► cc WHEREOF, lU)U, the said party of the first (cart
hand
ane/ seal the clay and year (undue rtrilten.
Signed, sealed and delivered in presvnre of us:
•
stair of 3florida.
t£outttg tut Dade
I i:irrrtn; (rrrlifti that
I
has
heirs or assigns.
hereunto set his
—HUNTER BEALL ROGERS,
a single than
,
.,
11ead l
.,
on this day personally appeared before me, an officer duly authorized to
administer oaths and take acknowledgments.
HUNTER BEALL ROGERS, JR., a
single man,
to me 're!! (none to he the person described in and who executed the foregoing deed, and acknowledged
before tine that
he
executed the same freely and voluntarily for the purpose therein expressed.
Itttirl;ti my hand and official seal at
( t,uuty rof Dade
day of
r umndis sion expires:
WS
tgfrA1'/ 17nte tNTI Of R MAtxrites ea, t T LAMT
cONM
Calms lmRU GENtRAL INIUNIAMOUNONEWINTIMI
This Instrument Prepared By
Department of Law
City of Miami, Florida
This Instrument Accepted
Pursuant to Resolution No.
Passed and Adopted
Miami
and Starr of
, . tat. t',
Florida
, this
i
- — . e • t ' 1 l ! - -�j�` � t: _ (_!tom
Notary 1'uf,lir, .State of Florida.
APPROVED AS TO�t-DESCRIPTI
•
Acting Director, Dept. of Public
Works
PPRO:D AS TO FORM AND CORRECTNESS
)L7
it_y1 torney
17e''1t
STORM SEWER EASEMENT TIIRU LOTS (2 131.
BLOCK 2, ROCRERMAN HEIGHTS (53-27)
LEGAL DESCRIPTION
Beginning at the southerly common lot corner of Lots 12 mid
13 of Block 2, ROCKERMAN HEIGIITS as recorded in Plat Book 53 at
Page 27 of the Public Records or Dade County, Florida; thence run
northwesterly along the westerly line of Lot 12 having a bearing
of N 34° 00' 00" W for ri distance of 10.00 feet; thence run along
a line perpendicular to the westerly line of Lot 12, on a bearing
of N 56" 00' 00" E for a distance of 15.60 feet to a point; thence
run N Su 30' 00" E along a line 4.70 feet southeasterly of and
parallel with the common lot line between Lots 12 and 13 for a
distance of 52.44 feet to a point on the arc of a curve which is
the westerly right-of-way line of. ROCKERMAN ROAD; thence run
southerly and easterly along the arc of said curve for a distance
of 13.63 feet to a point; then run along a line parallel to and
14.70 feet southeasterly of the common lot line of Lots 12 and 13
on a bearing of S 8° 30' 00" W Cor a distance of 47.62 feet to a
point; thence run 56 00' 00" W for a distance of 20.00 feet to,
the point of begins i_ng.
All as shotan on atrnched City of Miami File No. MISC.. 17 SW 777.
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STORM SEWER EASEMENT
PREPARED BY
DEPT. OF PUBLIC WORKS
CITY OF MIAMI
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• SCALE: 1" — 20'
MAY 19 /7