HomeMy WebLinkAboutR-75-03882
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MEA
4/4/75
75-388
RESOLUTION NO.
A.RESOLUTION RELEASING THOSE COVENANTS TO RUN
WITH THE LAND EXECUTED EY STANFORD T. CRAPO
AND MARGARET ARMSTRONG CRAM, HIS WIFE, AS OWNERS,
ON FEBRUARY 7, 1961 AND APRIL 22, 1963, RESPECTIVELY,
RELATING TO ENCROACHMENTS LOCATED IN THE ZONED WIDTH
RIGHT-OF-WAY FOR N.W. 20 AVENUE AM' SOUTH FORK OF
MIAMI RIVER; AND DIRECTING THE CITY MANAGER TO
EXECUTE AN INSTRUMENT ATTESTED BY THE CITY CLERK TO
OFFICIALLY RELEASE SAID COVENANTS AND TO FORWARD THE
EXECUTED INSTRUMENT TO THE PRESENT OWNERS, FRED E.
SNOWMAN AND FRANCES M. SNOWMAN, HIS WIFE.
WHEREAS, Stanford T. Crapo and Margaret Armstrong
Crapo, his wife, as owners of property located at 1511 N.W. 20
Avenue had requested, in respective order on different dates, a
permit to construct a boat slip and bulkhead and another permit
to erect a fence, each improvement being located within the west
15 feet of their aforesaid property, which area had been reserved
by the City of Miami as part of the 50-foot zoned right-of-way
for N.W. 20 Avenue; and
WHEREAS, The City of Miami granted the owners' request
for said permits in exchange for covenants dated February 7, 1961
and April 22, 1963, respectively, executed and delivered by the
owners to the City of Miami, which provided for removal of the
aforesaid improvements from within the said 15-foot strip at
owners' expense when requested by the Director of the Department
of Public Works of the City of Miami; and
WHEREAS, the City of Miami has now officially
rezoned this portion of N.W. 20 Avenue from 50 feet to 35 feet
so that the aforesaid improvements no longer encroach in the
zoned street right-of-way, and now there is no further requirement
for the continued existence of the aforesaid covenants; and
WHEREAS, the new owners Fred E. Snowman and Frances
M. Snowman, his wife, have now requested the City to release these
covenants so that they may be removed from record;
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NOW, THEREFORE, BE IT RESOLVEBY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby directed to
execute an instrument attested by the City Clerk releasing those
Covenants to Run with the Land which were a tecuted by Stanford
T. Crapo and Margaret Armstrong Crapo, his wife, on February 7,
1961 and April 22, 1963 respectively, relating to encroachments
located in the zoned width right of way for N.W. 20 Avenue at
South Fork of Miami River.
Section 2. The City Manager is directed to forward
the executed instrument to the present owners, Fred E. Snowman
and Frances M. Snowman, his wife, c/o their attorney, Mr. Robert
D. Korner, 2801 Ponce de Leon Boulevard, Coral Gables, Florida,
33134.
1975.
PASSED AND ADOPTED this 22nd day of
April
MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS
a;t). cs%A4t
HN S. LLOYD
City Attorney
"DOCUMENT. INDEX
ITEM NO. '. -�-�.-- '
2,
CITY COMMISSION
MUTING OF
APR 22 1975
RESOLUTION Nr,?. —•.a
REMARKS.
15tt tt `65
15 MAY 19 AN 10:3;
CANCELLATION OF
COVENANTS, TO. RLJN._WITS _THt_LAND
WHEREAS, STANFORD T, CRAPO and MARGARET ARMSTRONG CRAPO,
his wife, as owners, entered into those certain Covenants To Run
With The Land dated respectively February 7, 1961, filed Febru-
ary 28, 1961, and recorded in Official Records Book 2506, Page 23,
of the Public Records of Dade County, Florida, and April 22, 1963,
filed June 20, 1963, and recorded in Official Records Book 3706,
Page 354, of the Public Records of Dade County, Florida, said
covenants relating to that certain property identified as Lot 8
lying north of a line 1621 feet north of, and parallel with, the
south line of said Lot 8 in VALENTINE'S SUBDIVISION, according to
the plat thereof, recorded in Plat Book "B", Page 10, of the Public
Records of Dade County, Florida; and
WHEREAS, the said owners had, in the said respective order,
requested a permit to construct a boat slip and sheet steel bulk-
head, and another permit for the erection of a "temporary type"
fence, each improvement being located within the west 15 feet of
their aforesaid property, which area had been reserved by the City
of Miami for use as part of the 50-foot zoned width right-of-way
for Northwest 20 Avenue; and
WHEREAS, since the said strip had not been improved for
street purposes, nor had the City of Miami at the time immediate
nor near future plans to widen Northwest 20 Avenue, the City of
Miami granted the owners' request for said permits in exchange
for the aforementioned covenants which provided for removal of the
aforesaid improvements from within the said 15-foot strip at the
owners' expense when requested by the Director of the Department
of Engineering (now Department of Public Works) of the City of
Miami; and
WHEREAS, on April 3, 1963, the City of Miami officially re-
zoned this portion of N.W. 20 Avenue from 50 feet to 35 feet, there-
by resulting in the aforesaid 15-foot strip not being required as
part of the zoned street width; and.
NOW, THEREFORE, in consideration of the fact that the afore-
mentioned improvements no longer fall within the zoned street width,
there is no further reason for the continued existence of the afore-
mentioned covenants, and the present owners, Fred E. Snowman and
Frances M. Snowman, his wife, are hereby relieved of any and all
liability thereunder.
The City of Miami does hereby direct the Clerk of the Cir-
cuit Court, in and for Dade County, Florida, to cancel the said
Covenants To Run With The Land.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed and signed by their duly authorised officials and
representatives, this /x.. day of ��;�c��j �' , 1975.
Signed, Sealed and Delivered
in the Presence of:
Attest;
a
C't Clerk
'City Manager
R/af,/,‘„,„,)_.
As Authorized By
Resolution No, 75-388
Passed and Adopted April 22, 1975
1
ilL8963 PG 4?8(
APPROVED AS TO CORRECTNESS
17\!0,AtHlk 1111A-Art."----
City Attorney
STATE OF FLORIDA:
APPROVED AS TQ DESCRIPTION
'Director, Department of Public
Works
This Instrument Prepared By
'Michel Anderson
Department of Law
City of Miami, Florida
COUNTY OF DADE .
I, an officer authorized to take acknowledgments, HEREBY
CERTIFY that on this 12 day of , 1975, personally
RALPH G. ONGIE
appeared before me, P. W. ANDREWS and i8vYM, known to me
Assistant
to be the City Manager and/City Clerk, respectively, of THE CITY
OF MIAMI, a Municipal corporation in and under the laws of the
State of Florida, and known to me to be the persons who executed
the foregoing instrument, and they severally acknowledgethe
execution thereof to be their free and voluntary act and deed as
such officers, for the uses and purposes therein expressed, and
that they affixed thereto the official seal of the said municipal
corporation, all by and with the authority of law and of the City
Commission, and that the said instrument is the free and formal
act of the said municipal corporation.
WITNESS my hand and official seal in said County and State
the day and year last aforesaid.
My Commission Expires:
r y r.vy_ rubL, rc ei f l
:ity Cemm:iacffi rArir•y ►P..a Ir•.
Notary Public
Pt(:DI(DED IN OFFlC.AE PEGOr US DUup
or DADE 6D41NIi. F1.(I+1?4.
NrCOND VFRIEILU .
RicIIAKD> P.1JJc1 I L1.r
CLLkr. CIR UII CUURi
city OF NI,AMI, FLOPflDA
(N?tR+tWF'KKE MtMORANbUM
to. P. W. Andrews
City Manager
FROM
i E. C
rtment orPublic Works
LATE March 31, 1975
SUBJECT
FILE Central
Resolution to Release Covenants
N.W. 20 Avenue and South Fork
Miami River (Owners: Crapo and
REFERENCES. Snowman)
ENCLOSURES
The City of Miami has been requested by the present owners of 1511 N.W.
20 Avenue to release those Covenants To Run With The Land which were
executed on February 7, 1961 and April 22, 1963, respectively, by the
previous owners, Stanford T. Crapo and Margaret Armstrong Crapo, his
wife, relating to the installation of a bulkhead and a fence in the
zoned width right-of-way for N.W. 20 Avenue.
The reason for this request is that the aforesaid improvements no longer
encroach in the zoned street right-of-way following official action by
the City of Miami in rezoning this portion of N.W. 20 Avenue from a
50-foot zoned width to a 35-foot zoned width.
Since there is no reason for the continued existence of these cove-
nants, it is now in order for the City Commission to direct the City
Manager to execute the proper instrument, attested by the City Clerk,
to officially release the said covenants; and to forward the executed
instrument to the present owners.
THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION OF THE RESOLUTION
RELEASING THOSE COVENANTS TO RUN WITH THE LAND EXECUTED BY STANFORD T.
CRAPO AND MARGARET ARMSTRONG CRAPO, HIS WIFE, ON FEBRUARY 7, 1961 AND
APRIL 22, 1963, RESPECTIVELY, RELATING TO THE INSTALLATION OF A BULK-
HEAD AND FENCE IN THE ZONED STREET RIGHT-OF-WAY FOR N.W. 20 AVENUE;
AND DIRECTING THE CITY MANAGER TO EXECUTE THE PROPER INSTRUMENT TO
RELEASE THE AFORESAID COVENANTS; AND FORWARDING THE EXECUTED INSTRU-
MENT TO THE PRESENT OWNERS, FRED E. SNOWMAN AND FRANCES M. SNOWMAN,
HIS WIFE, c/o THEIR ATTORNEY, MR. ROBERT D. KORNER, 2801 PONCE DE LEON
BOULEVARD, CORAL GABLES, FLORIDA 33134.
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