HomeMy WebLinkAboutR-75-01092
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MEA
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RESOLUTION N0. 75499.
A RESOLUTION ACCEPTING THE TEMPORARY CON-.
STRUCTION GRANT OF EASEMENT EXECUTED BY
FRANK J. KREMSER AND MARIE R. KREMSER, HIS
WIFE, ON AUGUST 30, 1974, GRANTING TO THE
CITY OF MIAMI AN EASEMENT LOCATED IN A 15-
FOOT WIDE STRIP ALONG THE WEST SIDE OF N„E
5TH AVENUE BETWEEN N.E. 77TH STREET ROAD AND
THE LITTLE RIVER CANAL, FOR THE PURPOSE OF
CONSTRUCTING A STORM SEWER OUTFALL IN THE
PUBLIC RIGHT OF WAY RUNNING PARALLEL WITH, AND
APPROXIMATELY ONE FOOT EAST OF, SAID OWNER'S
EAST PROPERTY LINE; AND DIRECTING THE PROPER
OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID
INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
WHEREAS, a 15-foot strip of private property along
the west side of N.E. 5th Avenue between N.E. 77th Street Road
and the Little River Canal is needed by the City of Miami as a
temporary easement in order to construct a storm sewer outfall
which will be a part of the City's N.E. 4th Court Highway Improve-
ment H-4360; and
WHEREAS, in the design of this improvement, the best
possible location for this storm sewer was in the public right
of way approximately one foot east of the owner's property line
and running parallel thereto with its terminus at the Little
River Canal; and
WHEREAS, due to this close proximity to the owner's
property line and the imminent danger of trespassing on private
property, the City was obliged to request the owner for the aid
"DOCUMENT INDEX
15-foot easement; and n
ITEM NO.
WHEREAS, the owner executed and delivered a
recordable instrument to the City of Miami granting said easement
and it is now in order for the City Commission to accept the
aforementioned Grant of Easement and to have it recorded in the
Public Records of Dade County, Florida;
f C 7, 1 �`/
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NOW, THEREFORE, BE IT RESOLVED BY TEE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The temporary Constirudtion Orant of
Easement executed by Frank J. Kremser and Marie R. Krethser,
his wife, on August 30, 1974, granting to the City of Miami
an easement located in a 15-foot wide strip along the west
side of N.E. 5th Avenue between N.E. 77th Street Road and
the Little River Canal, for the purpose of constructing a
storm sewer outfall in the public right of way running parallel
with, and approximately one foot east of, said owner's east
property line, 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 12 day of FE3RUARY
1975.
"-ATTEST:
H SnUTTIFW)
CI TYCLERK
/7
i1
%., e .,r.--y.
PREPARED AND APPROVED BY:
MAURICE A, FERRE
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLOYD
CITY ATTORNEY
2,
MAYOR
STATE OF FLORIDA)
COUNTY OF DADE )
CITY OF MIAMI )
TEi`IPORARY. EASRME 1T
) i i p .-, / -.
THIS EASEMENT made this `ef `L �� 974, /'
and MAgam K. Kg S�R hiswif ,by and between FRANK J. KREMSER residing at 4/3loot. 77th Street `�.
Road, Miami, Florida, GRANTOR, and THE CITY OF MIAMI, a municipal �'
corporation, a corporation existing under the laws of the State ll�\,'
of Florida, having its principal place of business in the County ",
of Dade and State of Florida and lawfully authorized to transact
business in the State of Florida, GRANTEE:
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of one
dollar and other valuable considerations paid by GRANTEE, receipt
of which is hereby acknowledged, hereby grants unto the GRANTEE
an easement, license and privilege to enter upon and to clear
the following described land in Dade County, Florida, to wit:
That portion of Lot 8, Block 6,
lying easterly of a line being
40.00 feet westerly of, and
parallel with, the center line
of N.E. 5th Avenue, as shown on
the AMENDED PLAT OF FEDERAL WAY,
as recorded in Plat Book 25, at
Page 6, of the Public Records of
Dade County, Florida.
All as shown on the attached sketch
and made a part hereof.
THIS EASEMENT and all the rights of the GRANTEE herein
shall terminate coincidentally with completion by GRANTEE herein
of the construction of a storm sewer in the public right of way,
being the basis for the acquisition of this easement by GRANTEE,
said sewer running parallel with, and approximately one foot,
more or less, east of the above described land.
GRANTEE, at its own expense, shall restore the described
land containing this easement to as near the same condition as
it was prior to said construction, and shall replace the shrub-
bery and landscaping disturbed or damaged as a result of said
construction;
And GRANTOR will defend the title thereto against all
persons claiming by, through, or under GRANTOR.
IN WITNESS WHEREOF, GRANTOR has hereunto set his hand
and seal oft the date first above wt:itteno
Signed, Sealed and Delivered
In the Presence of:
1 •
it
State of Florida)
County of Dade )
IL
c �t
•
FRANK J. KREMSER
MARI.E R. KREMSER, his wire
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to d1�}}1n"ter oaths and
take acknowledgments, FRANK J. KREMSER 96 MeAll'ktiaWSB be
the persot described in and who executed the foregoing instrument;
and acknowledged before me that he executed the same freely and
voluntarily for the purpose therein expressed. /fi).•
WITNESS my hand and official seal at Miami, County of
Dade and State of Florida, this day of c:‘, 1974.
M;; Commission Expires:
• 461A t} mimic STATE Or FLORIDA Al LARD!
MY COMMISSION EXPIRES SEP. 12, 1977
ITT'RS
Nctary Pub' is
APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO DESCRIPTION
/ 1 f
City Attorney Acting Director, Department of
( Public Works
This Instrument is Executed
Pursuant to Resolution No.
Passed and Adopted
city OP i WAMI. FtoFibA
INtER•oFfte£ MEMoRANbU1,4
to,
p. W. Andrews
City Manager
�
iRoM: Gr\ii M, Jr.
1@nt E.
Director . . $- r
41,0cfitment ,f Public Works —
IIi
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oAtt:
iUIJtCt:
January 8, 1975
Contract
►'t-t H.4360
Resolution Accepting a Temporary
Easement from Frank J. Kremser
and Marie R. Kremser, his Wife
6R6REMCti:
ENCLOEUf+6b:
The City of Miami requires a 15-foot wide strip of private properly
located along the west side of N.E. 5 Avenue between N.E. 77 Street
Road and the Little River Canal for use as an easement in conjunction
with the construction of a storm sewer outfall that will be a part of
the City's N.E. 4th Court Highway Improvement H-4360.
In the design of this improvement, the best possible location for this
storm sewer was in the public right of way approximately one foot east
of the owner's property line and running parallel thereto with its
terminus at the Little River Canal.
Due to this close proximity to the owner's property line and the
imminent danger of trespassing on private property, the City was ob-
liged to ask the owner for the said 15-foot easement.
In agreement, this owner executed and delivered to the City of Miami
a temporary Grant of Easement for this purpose.
It is now in order for the City Commission to accept the aforesaid
easement instrument and to have it recorded in the Public Records of
Dade County, Florida.
THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION OF THE RESOLUTION
ACCEPTING THE AUGUST 30, 1974, GRANT OF EASEMENT FROM FRANK J. KREMSER
AND MARIE R. KREMSER, HIS WIFE, AUTHORIZING THE CITY OF MIAMI TO USE
A 15-FOOT WIDE STRIP OF THEIR PROPERTY LOCATED ON THE WEST SIDE OF
N.E. 5 AVENUE BETWEEN N.E. 77 STREET ROAD AND THE LITTLE RIVER CANAL,
AS A TEMPORARY EASEMENT FOR THE INSTALLATION OF A STORM SEWER; AND
DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID
INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
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