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HomeMy WebLinkAboutR-76-07831t'C/tb 8/26/76 RESOLUTION NO.7-733 A RESOLUTION ACCEPTING THE GRANT OF EASEMENT FROM NATHAN SEGEL AND ESME M. SEGEL, HIS WIFE, FOR THE PURPOSE OF CONSTRUCTING, LAYING AND MAINTAINING A STORM SEWER WITHIN A 10-FOOT WIDE STRIP OF LAND LYING WITHIN LOT 27, AND A PORTION OF LOT 26, IN BLOCK 1, OF "RESUBDIVISION OF A PORTION OF BISCAYNE ISLAND" (40-34); AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY. WHEREAS, the owners applied for and obtained a permit from the City of Miami to construct a swimming pool at their resi- dence. Due to the limited area from the building to the rear lot line, there was no other site for this construction except at the location shown in the approved site plan; and WHEREAS, the digging and shaping operations which were almost completed were stopped when an active storm sewer was encountered at the spot intended for the pool's deep end; and WHEREAS, representatives of the Department of Public Works were called in for the first time to investigate this matter and it was discovered that the owners were not apprised of the existence of the utility easement containing the aforesaid storm sewer; and WHEREAS, the situation became resolved when the owners agreed to shift the position of the pool setting so that the pool's shallow end would lie in a position above and well clear of the existing storm sewer; and WHEREAS, the owners agreed to, "DOCUM[ NT INDEX ITEM 140. J and did execute and deliver to the City, a Grant of Easement whose location is adjacent to, and at a suitable distance from, the proposed swimming pool. The purpose of this easement is to serve as an alternate location for the installation of a new storm sewer in the event of collapse or malfunctioning of the existing storm sewer; and WHEREAS, it is now in order for the City Commission to accept the aforesaid Grant of Easement and havrcorded"""""" COMMISSKJN ETING OF P9 1976 N NO..,t ..,..) ) ill the Public Records of Dade County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The July 23, 1976, Grant of Easement executed by Nathan Segel and Esme M. Segal, his wife, to serve as an alternate easement for the installation of a new storm sewer in the event of collapse or malfunctioning of the existing storm sewer at 1121 North Venetian Drive, Miami, Florida► is hereby accepted. Section 2. The proper official of the City of Miami is hereby authorized and directed to record same in the Public Records of Dade County, Florida. PASSED AND ADOPTED this 91H day of SFPTFMBFR 1976. j1AIIRTCF A. FFRRF MAYOR CIT• CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: FRANK H. WESTON Acting City Attorney r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 70. Joseph R. Grassie City Manager 1 Vincdnt E, Gri,min Dergrtment of Public Works Dart. August 17, 1976 // SU'_tJECT FILE Central Resolution - Accepting Grant of Storm Sewer Easement at 1121 North Venetian Drive REFERENCES ENCLo3URES At the time the owner secured a permit to build a swimming pool, he was not aware that the site for this construction would be above a utility easement containing a storm sewer. Construction ccurle to a halt and an impasse became manifest since area limitation precluded the pool from being relocated elsewhere on the owner's property. Accordingly, representatives of the Department of Public Works were requested to investigate this matter. A decision mutually acceptable to the owner and the City required the owner to transpose the setting of the pool so that the shallow end would lie above and clear of the st:orm sewer. In addition, the owner was requested to grant to the City of Miami a utility easement whose location is adjacent to, and at a suitable distance from, the swim- ming pool which will serve as an alternate location for the installa- tion of a new storm sewer in the event of collapse or malfunctioning of the existing storm sewer. In compliance thereof, the owner executed and delivered the aforesaid instrument to the City of Miami, which the City Commission is requested to accept. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS THE ADOPTION OF THE RESOLU- TION ACCEPTING THE AFORESAID GRANT OF EASEMENT AND TO HAVE IT RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.