HomeMy WebLinkAboutR-77-0910RESOLUTION NO.
A RESOLUTION RELEASING THE APRIL 2, 1964 COVENANT
TO RUN WITH THE LAND RELATING TO THE TEMPORARY
SANITARY SEWER SYST1M SERVING APARTMENT BUILDINGS
�/ AT 2585 SOUTH BAYSHORE DRIVE; AND AUTHORIZING AND
SUPS J^�; �'I DIRECTING THE CITY MANAGER AND CITY CLERK TO
• flyS EXECUTE THE APPROPRIATE INSTRUMENT THEREFOR.
ly
r ULLOW,1.
WHEREAS, Burton Goldberg and Joyce Goldberg, His Wife, proposed
to construct three apartment buildings which were required by the
Public Health Department to be served by a sewage treatment plant
to be constructed by them on their property at 2585 South Bayshore
Drive; and
WHEREAS, following this installation, permission was granted to
the owners by City of Miami Resolution No. 35548 passed and adopted
April 1, 1964 to cross under South Bayshore Drive with a force
main through which eft"luent from said buildings would be discharged
into Biscayne Bay; and
WHEREAS, as a condition to having obtained this approval, the
owners executed a Covenant To Run With The Land, which contained
among. other stipulations, the requirement for said owners to abandon
their sewage treatment plant and to reconnect to the City's system
•
whenever the City extended the sanitary sewer service in the area; and
WHEREAS, the City has since provided this service and the required
changeover has been accomplished by the owners to the total satisfac-
tion of the City; and
WHEREAS, all the terms and conditions of said covenant having
been met, the need for this covenant no longer exists; and
"DOCUMENT INDEX
CITY COMMISSION
MEETING OF
DEC: 5 1977
•r
REB()l.UT10N N.
RiMUM&
WHEREAS, it is now in order for the Commission of the City of
Miami, Florida, to release the aforesaid Covenant To Run With The
Land so that it may be canceled of record by the owner:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The April 2, 1964 Covenant To Run With The Land
executed by Burton Goldberg and Joyce Goldberg, His Wife, relating
to the temporary sanitary sewer service serving the apartment build-
ings at 2585 South Bayshore Drive, legally described as being Lots 2,
3 and 4, Block 39, Amended Plat of New Biscayne, according to the
plat thereof, as recorded in Plat Book "B", at Page 16, of the
public Records of Dade County, Florida, be, and the same is hereby,
released.
Section 2. The City Manager and City Clerk are hereby authorized
to execute the appropriate document therefor.
PASSED AND ADOPTED this 15TH
1977.
ITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
day of DECEMBER
MAURICE A, FERRE
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR., CITY ATTORNEY
Di' ' ,•
F
I. 0
Joseph R. Grassie
City Manager
• /
/ .
William E. Parkes
Director
Department of Public Works
December 8, 1977
.,;tom;, • ..r,•
t&j ZI tt.t 3 ,
• Is
/
Resolution to Release Covenant
at 2585 South Bayshore Drive
Resolutions (2), Covenant
Please place on the Agenda for the December 8, 1977 City Commission
Meeting a Resolution Releasing the April 2, 1964 Covenant To Run
With The Land executed by Burton Goldberg and Joyce Goldberg, His
Wife, relating to the temporary sanitary sewer system serving the
subject property, (copy of Covenant attached).
Pertinent Information
The aforesaid owners had proposed the construction of three
apartment buildings, which were required by the Public Health
Department to be served by a sewage treatment plant to be
constructed by the owners on their property.
Following this installation, the owners requested permission
to cross under the public right-of-way of South Bayshore Drive
with a force main through which effluent from said buildings
would be discharged into Biscayne Bay.
This necessitated City Commission approval, which was subse-
quently granted by Resolution No. 35548, (copy also attached),
passed and adopted April 1, 1964.
As a condition to having obtained this approval the owners
executed the abovementioned Covenant, which contained among
other stipulations, the requirement for the owners to abandon
their sewage treatment plant and to reconnect to the City's
system whenever the City extended the sanitary sewer service
in the area.
The City has since provided this service and the required
changeover has been accomplished by the owner to the total
satisfaction of the City. "SUPPORTIVE
�`� /['
G t'"
DOCU ,v1 ENTS
-1- FOLLOW"
7
RELEASE OF COVENANT RUNNING WITH TIIE LAND
Relating to installation of sanitary
sewer force main
within the public right of way of South l,ayshore Drive
TINS INSTRUMENT, made and executed this day of
19 ._._ , by THE CITY OF MIAMI, a municipal corporation of the State of
Florida,
WITNESSET H:
WHEREAS, BURTON GOLDBERG and JOYCE GOLDBERG, His Wife
did make, execute and deliver unto THE CITY OF MIAMI, a municipal
corporation, a certain covenant running with the land, recorded on
Mav 7, 1964 under Clerk's File No. 64R-73643
of the
Public Records of Dade County, Florida, which covenant relates to the
property described therein; and
WHEREAS, there has been full compliance with all the terms and
conditions as required under said covenant, and the need for the
covenant no longer exists;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in
consideration of the sum of ONE DOLLAR and other good and valuable
considerations to it in hand paid, THE CITY OF MIAMI does hereby and
herewith release, relinquish and forever discharge the lien, encumbrance
effect or requirements of the aforesaid covenant running with the land
on the following described property:
Lots 2 3 and 4, Block 39, amended plat of NEW BISCAYNE, according to
the plat thereof, as recorded in Plat Book
IIBII
at Page 16, of the
Public Records of Dacie County, Florida
and hereby directs the Clerk of The Circuit Court to cancel the same
of record,
'SUP
`,'�
" R
i� s �tV
r � r