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Home My WebLink AboutR-76-04598R5/ts S/4/76 RESOLUTION NO► 76-459 A RESOLUTION GRANTING A PERMIT TO MONROE E. ZALXIN AND EEVERLY ZAL1(IN, HIS WIFE, TO CON STRUCT A CEDAR SLAT FENCE ON A PORTION OF THE PUBLIC RIGHT OF WAY ABUTTING THEIR PROPERTY AT 4125 BRAGANZA AVENUE; AND ACCEPTING THE APRIL 27, 1976 COVENANT TO RUN WITH THE LAND EXECUTED BY THE AFORESAID OWNERS; AND DIRECTING THAT THE SAID INSTRUMENT BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, Monroe E. Zalkin and Beverly Zalkin, his wife, the fee owners of 4125 Braganza Avenue, have requested a permit to construct a cedar slat fence on a portion of the Public right of way abutting their aforesaid residence; and WHEREAS, the Department of Public Works has investigated this request and finds that the issuance of this permit will not be detrimental to the interest of the City of Miami, pro- vided that the aforesaid owners execute and deliver to the City of Miami a Covenant to Run with the Land requiring the removal of this fence whenever so requested by the Director of the Department of Public Works; and WHEREAS, the aforesaid owners have duly executed the said Covenant to Run with the Land and have delivered same to the City of Miami; and WHEREAS, it is now in order for the City Commission to accept the aforesaid instrument and to approve the issuance of said permit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: �,q n Section 1. The April 27, 1976 Covenant II&'4Iu�i `�Witli Lire Land from Monroe E. Zalkin and Beverly Zalkin, his wife, re- lating to the construction of a cedar slat fence on a portion of the Public right of way abutting Braganza Avenue be, and the same is the residence at 4125 hereby, accepted. "DOCUMENT INDEX rr CITY COMMISSION MEETING OF MAY 1. 31976 atiouur Section 2. The proper officials of the City be, and they are hereby, authorized and directed to issue a permit to the aforesaid owners for the construction of the said fence. Section 3. The proper official be, and he is hereby, directed to record said agreement in the Public Records of Dade County, Florida. PASSED AND ADOPTED this 13 day of MAY , 1976. Attest: H. D. Southern City Clerk PREPARE AND ,APPF VED )Y : S./R. 'Sterbenz Assistant City Attorney APPROVED AS TO FO n S. Lloyd ty Attorney 1 CORRECTNESS: Maurice A. Ferre MAYOR " S `! V �.w�.., . e fr-- tb FROM CI'i'Y of MIAMI, FLORIbA INtR4cP 'ICt MEMORANDUM s- ry i �I P. W. Andrews City Manager ent B. j' (m n, Jr., Ditec for pap df fuet-63o�►cs� / nAtr April 28, 1976 j . 7 L FILF SU9JEt":r: Resolution - Permit to Construct Pence in Public Right of Way REFERENCES: ENCLOSURES: Monroe E. Zalkin and Beverly Zalkin, his wife, have requested a permit to erect a cedar slat fence in accordance with Zoning Or- dinance 6871, Section 17, upon a portion of public right of way abutting their residence at 4125 Braganza Avenue, along a line parallel thereto and 10 feet easterly of, the centerline line thereof. After investigating this request, the Department of Public Works finds that the construction of the fence in this portion of the public right of way will not conflict with the use of Braganza Avenue by the public. The City of Miami has no present or near future plans to widen Braganza Avenue. As a precedent to any consideration for the issuance of said permit, the aforesaid owners have been requested to execute a Covenant to Run with the Land requiring the removal of said fence whenever the Director of the Department of Public Works, so directs. The owners have executed and delivered the aforesaid instrument to the City of Miami. It is now in order for the City Commission to accept the aforesaid instrument and to approve the issuance of said permit. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS THE ADOPTION OF THE RESO- LUTION TO ACCEPT THE APRIL 27, 1976, COVENANT TO RUN WITH THE LAND FROM MONROE E. ZALKIN AND BEVERLY ZALKIN, HIS WIFE, RELATING TO THE CONSTRUCTION OF A FENCE UPON A PORTION OF THE PUBLIC RIGHT OF WAY ABUTTING THEIR PROPERTY AT 4125 BRAGANZA AVENUE; AND APPROVING THE ISSUANCE OF A PERMIT THEREFOR AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMT TO RECORD THE AFORESAID INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. VEG:ACB:rp 4Ir. ?ORT1VE FOLLOW,, de' CITY CP= FL— tNTER-OEFIC,.E MEM0ANCILINI TO H. D Southern City Clerk FP0.1 William t Parkes Assistant Director Department of Public Works May 19, 1976 FLr Central Covenant To Run With The tand (Zalkin) Fence in Public Right - of -Way of Braganza Avenue REFEPF.!.:ES! LC5 S. Covenant We are enclosing the subject instrument and re- questing that it be recorded pursuant to Resolu- tion No. 76-459, passed and adopted Nay 13, 1976. WEP:ACB:jt /CI vi.e-r.-ci •-?----Nv ,n_.c.. "ei2._.ce •-z,<- , / . , ) / / ---- il itQl %.ott 11 ‘-r-1 0\AI _ • IN WITNESS WHEREOF, the COVENANTORS hereunto executed this instrument 'Qt7 acid affixed their signatures thereto this 7 day of # .titer ADD,, I976. Sighed, Sealed and belivered in the Presence Of: I Witness 4.04.a SL. 1465ko Witnes r� / / 'i. 4% Witness ' STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this day personally appeared before me, an officer dully authorized to administer oaths and take acknowledgements, MONROE E. ZALKIN and BEVERLY ZALKIN, his wife, to me well known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Miami, County of Dade and State of Florida, this. day of i1 IC.A.D. , 1976. of et Lat^ye My Commission Expires Lly 17, 1976 - rondo* 1, Pi A c414,ut Coo My Commission Expires: THIS INSTRUMENT EXECUTED PURSUANT TO RESOLUTION NO. 76- 59 PASSED AND ADOPTED May 13, 1976 APPROVED AS TO FORM & CORRECTNESS City Attorney APPROVED AS TO DESCR,PTION l ( ( Director, Department of Public Works Not. ry Public, Sta ' •f Florida at Large "SUPPORTIVE DOCUMENTS FOLLOW" LOCATION: 4125 BRAGANZA AVENUE, COCONUT GROVE, FLORIDA COVENANT TO RUN_WITH_,THE LAND THIS COVENANT, made and entered into by and between MONROE E. ZALKIN and BEVERLY ZALKIN, his wife, parties of the first part, hereinafter called COVENANTORS and the City of Miami, a municipal corporation of the State of Florida, in the County of Dade, party of the second part, hereinafter called City; and WHEREAS, MONROE E. ZALKIN and BEVERLY ZALKIN, his wife, are the fee owners of Lot 1, of BRAGANZA PARK according to the Plat thereof, as recorded in Plat Book 76 at Page 17, of the Public Records of Dade County, Florida; and WHEREAS, the said COVENANTORS have applied to the City of Miami Building Department for a permit to install or construct a cedar slat fence in accordance with Zoning Ordinance 6871, Section 17 upon a portion of the public right of way of Braganza Avenue along a line parallel thereto and 10 feet Easterly of, the centerline thereof; and WHEREAS, the City of Miami Department of Public Works has requested the COVENANTORS to execute and deliver to the CITY this instrument as a condition precedent to the issuance of a permit for the installation and/or construction of a cedar slat fence; NOW THEREFORE, in consideration of the permit issued by the City of Miami Building Department to allow the installation and construction of a cedar slat fence in accordance with Zoning Ordinace 6871, Section 17 upon the portion of the above described public right of way, and in further consideration of the premises, COVENANTORS do hereby covenant and agree with the CITY that at such time as Braganza Avenue shall be widened, COVENANTORS shall, at no cost to CITY remove said fence upon thirty (30) days written notice from the Director of the Department of Public Works. In the event that OWNER shall fail to cause the aforementioned cedar slat fence to be removed at PREMISES as hereinabove provided, within thirty (30) days after the mailing of the written notice from the Director of the Department of Public Works of the City of Miami, Florida, then the City Manager of the City of Miami, Florida, shall act as agent of OWNER of any lot or parcel of land described in the . written notice, which agency is hereby specifically created, and said City Manager shall cause the aforementioned cedar slat fence to be removed at the expense of the OWNER and the amount of such removal cost shall be declared and established as a lien on the property of such defaulting OWNER and enforced as any lien for materials furnished and work and labor done, provided under the Statutes of the State of Florida. It is expressly understood and agreed this instrument shall be binding on the COVENANTORS, their successors in interest and/or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to said property or any part thereof, .•S r U(.A.0 ' rilrc 9365 Pc 800 LOCATION: 4125 BRAGANZA AVENUE* COCONUT GROVE, FLORIDA COVENANT TO RUN WITH. THE „ LAND THIS COVENANT, made and entered into by and between MONROE E. ZALKIN and BEVERLY ZALKIN, his wife, parties of the first part, hereinafter called COVENANTORS and the City of Miami, a municipal corporation of the State of Florida, in the County of Dade, party of the second part, hereinafter called City; and WHEREAS, MONROE E. ZALKIN and BEVERLY ZALKIN, his wife, are the fee owners of Lot 1, of BRAGANZA PARK according to the Plat thereof, as recorded in Plat Book 76 at Page 17, of the Public Records of Dade County, Florida; and WHEREAS, the said COVENANTORS have applied to the City of Miami Building Department for a permit to install or construct a cedar slat fence in accordance with Zoning Ordinance 6871, Section 17 upon a portion of the public right of way of Braganza Avenue along a line parallel thereto and 10 feet Easterly of, the centerline thereof; and WHEREAS, the City of Miami Department of Public Works has requested the COVENANTORS to execute and deliver to the CITY this instrument as a condition precedent to the issuance of a permit for the installation and/or construction of a cedar slat fence; NOW THEREFORE, in consideration of the permit issued by the City of Miami Building Department to allow the installation and construction of a cedar slat fence in accordance with Zoning Ordinace 6871, Section 17 upon the portion of the above described public right of way, and in further consideration of the premises, COVENANTORS do hereby covenant and agree with the CITY that at such time as Braganza Avenue shall be widened, COVENANTORS shall, at no cost to CITY remove said fence upon thirty (30) days written notice from the Director of the Department of Public Works. In the event that OWNER shall fail to cause the aforementioned cedar slat fence to be removed at PREMISES as hereinabove provided, within thirty (30) days after the mailing of the written notice from the Director of the Department of Public Works of the City of Miami, Florida, then the City Manager of the City of Miami, Florida, shall act as agent of OWNER of any lot or parcel of land described in the written notice, which agency is hereby specifically created, and said City Manager shall cause the aforementioned cedar slat fence to be removed at the expense of the OWNER and the amount of such removal cost shall be declared and established as a lien on the property of such defaulting OWNER and enforced as any lien for materials furnished and work and labor done, provided under the Statutes of the State of Florida. It is expressly understood and agreed this instrument shall be binding on the COVENANTORS, their successors in interest and/or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to said property or any part thereof. -1- P Ft 9365 Pc 810 IN WITNESS WIIEREOF , the COVENANTORS hereunto executed this instrument and affiked their signatures thereto this 077Pday of Aid..Aebo, 1976. Signed, Sealed and Delivered in the Presence of: 111g4.4?ekt4LA00 Witnes 4 r Witness Q.A ,104131)60 Witnes •? Witness STATE OF FLORIDA COUNTY OF DADE I HEREBY CERTIFY that on this day personally appeared before me, an officer dully authorized to administer oaths and take acknowledgements, MONROE E. ZALKIN and BEVERLY ZALKIN, his wife, to me well known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Miami, County of Dade and State of Flori .a'",this''lday of IfIllL A.D. , 1976. io;ata,isjcffr ;aiy 1 7, 1976 Cu,, Y.1 tlr Arrte� fife A ln.4. �� • My Commission Expires: Not ry Public, Staf Florida at Large THIS INSTRUMENT EXECUTED PURSUANT TO RESOLUTION NO. '6-659 PASSED AND ADOPTED May 13, 1976 APPROVED AS TO FORM & CORRECTNESS 444/1 City Attorney APPROVED AS TO DESCRPPTION Director, Department of Pubic Works - 2 ,t This Instrument Prepared By Montague Rosenberg Department of Law City of Miami, Florida "SUPPORTIVE DOCUMENTS ut , .inL• if ttfftc tt1Ci1.1 t1J 4.. CLERK (. kCutl COURT i