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Home My WebLink AboutR-75-03892 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MEA 4/4/75 RESOLUTION N0. 75 389 A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND EXECUTED BY ERNEST W. BENNETT ON FEBRUARY 5, 1975; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, Ernest W. Bennett, fee owner of property located at 3901 Hardie Avenue, more particularly described as Lot 37, of J.W. EWANS SUB (1-51), constructed a C.B.S. wall and a door bell pedestal in such a manner that they encroach in the 70-foot right of way of Hardie Avenue; and WHEREAS, upon investigation, the City found that the said improvements in this location will in no way be detrimental to the public; and WHEREAS, the owner asks to be relieved of his obligation to correct these encroachments at this time, and has executed and delivered a Covenant to Run with the Land whereby he will remove the encroaching improvements at his own expense when said removal is deemed necessary and advisable by the Director of the Department of Public Works of the City of Miami; and WHEREAS, it is now in order for the City Commission to accept the aforesaid Covenant and to have it recorded in the Public Records of Dade County, Floirda; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The Covenant to Run with the Land executed by Ernest W. Bennett on February 5, 1975 relating to encroachments in the public right of way abutting his property at 3901 Hardie Avenue, be and the same is hereby accepted, "DOCUMENT INDEX ITEM NO /7:' CITY COMMINS;ON MEETING QF APR 2 21975 RESOLu(IOn nU REMARKS: Section 2s The proper official of the City of Miami be, and he is hereby authorized and directed to record the aforesaid Covenant in the Public Records of Dade County, Florida PASSED ACID ADOPTED this 22 day of APRIL 1975. H -. D.' SOUTHERN- ) CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TiFOR1 AND CO EC S: JOHN S. LLOYD City Attorney 2. MAURICE A. FERRE MAYOR CITY OF MIAMI, FLORIDA INtER.OFFIce MEMORANbUM P . W. •Andrews City i• anager `'Incetlt h. UOturn),;tr. , Director i; Dep A:.swa.i . .of PUb1ic' ltfOCs� r ' DATE March 27, 1975 Ftt.E Central 139-10_•52 s1BJEl_1 Resolution Accepting the Covenant; To Run With The Land from Ernest t W. Bennett, -001 Hardie Avenue tit F t.kC r i s ENCI USt.,171 Ernest W. Bennett, fee owner of property located at 901 Mardi !',-enue t Le relieved at this time of the cibl:h at.i,-n to remove a c; .h.S . tti,:L1.1 and a door bell pedestal which encroach in t.ne Public f 1 ;ht F Wov abut i 1 said property. upon ir1' t_=sti t::ati on by the City, it was fctlud that t it.l 1.n Lila location will not interfere with t i,,- 1) c_ puLHic , In ccn:- lcicrat i cn of the City's forbearance to reclutu;t the :i.mn;!,:dlai re- moval r;f said encroachments, the owner executed and delivered to the City a C'ov<<' malt; To Run With The Land whereby he will remove the encroachment: .�t 11113 own expense from within the public right of way when said removal is dreamed necessary and advisable by the Director of the Department of Public Worts of the City of Miami. Ft is now in order for the City Commission to accept the afort•saici covt nant and to have it recorded in the Public Records of Dade County, Florida. 1'.''t tllle ti'.!, the 1'±lt:; PEPARTENT OF PUBLIC WORKS RECOMMENDS APOF ITN OF A RESOLUTION ;+'''b1 TIN TI;E 1 EBRUARY 5, 1975 COVENANT Tr Pi I WPill THE LAND EXECUTED F RNL._','i' W. bLNNETT; AND DIRECTING THE F 1; i Ei' '`l'I'I I +1! c"T THE CITY OF i•I1:'lJ. 1 't'{ PECbJ D :SAID INSTRUMENT IN THE PUF+L'C F'.::t'� I<PR OF DADE COUNTY, FIONT t•J .. ; ►I (1, COVENANT TO__RUN 6+TI`I'H THE LA JD 3-74 't.� 1G.1�.- THIS COVENANT, made and entered into this day of2l' A.D., 1975, by and between ERNEST W. BENNETT, a single person, party of the first part and hereinafter called OWNER, 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: K1 T id E S S ETH : THAT WHEREAS, ERNEST W. BENNETT) a single person, is the fee owner of the following described parcel of land, to wit: LOT 37, OF J . W. EWANS SUB AS RECORDED IN PLAT BOOK 1, AT PAGE 51, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA A/K/A 3901 HARDIE AVENUE, MMIAI-I, FLORIDA '.WHEREAS, the OI•NIE, or his predecessors in title constructed a C.B.S. Wall and a Door Pell Pedestal in such a wanner that they encroached in the zoned seventy-foot right of way of Hardie Road; and WHEREAS, the C.E.S. Wall encroachment varies frcm approximately �a t. •one f e Doo o ?F ell 4 ed enn o tT':(.i 'eC.i, ,.0 .,,, i�4t d.Ii'] ,li 1: _ r _.i� .. _.:�':�t�il _ t�rCaChe� approxi- mately ten feet in the zoned dent foot right of way, said encroachments are shown in field notes on Fare 50 of City of ..iami Department of Public Works Survey Book 1!- 56, a. copy of said notes is attached hereto and Py reference made a part hereof; and WHEREAS, the f:: Euh asks t relieved of his oblI ation to correct these encroachments this .__e, except a herein provided, deo, n ? f'1 c r � IY to request acid in consideration of .:t'._ fore_� •rr'.. ....„t_ __. „!iE- l,1 immediate removal of 1.'l encroachents, arreesthat he will remove at his own atici,( the.__ encroachments in the zoned riFht of way of !. ._ Ave (extended) d) when and if the Director of the De ._ t i,,f_:.. of 'Public Works of The City of Yiiami determines that this lo necoosary or advisable. t > f ` f' - , 7 'i y �r !ate'.";, 1Hi�. !; '!';�.t.�'', i:� t;', .�..r(;tt';'£iti.;;Ii O.. t:,C t'i e.:?i.�SES Ike.. eln set Out, the parties hereby covenant and agree that the OWNER shall not be tor t, existing encroachments at this time except required re;d remove the when said removal is deemed necessary and. advisable by the Director of the Department of Public Works of The CI.ty of 1. The OWNER shall assume all responsibility, hold the CITY harmless forever and agrees to pay for any damage or claim of damage which may be against the CITY which results directly or indirectly from the operation, ma; ntenani . , repair and/or removal of said encroaching* improvements or any part thereof, and in the event of damage to the said encroaching improvements, requiring the making of repairs, from, any cause whatsoever during the life of this Covenant, the OWNER shall cause such repair to be made forthwith, whether in any way rest cn:_ible for the damage or not; and 2. The OWNER shall operate and maintain said encroaching improvements in a manner that prevents it from being or becoming a nuisance or detrimental to public health and safety or injurious to adjacent property public or private; and j. The .hail remove, at his own cost and expense said encroaching improvements, , wher: and if the Director of the Department t, i o r determines n t this _ s necessary ry r r advisable, and .._ .�ui.;�i._ Works .Ie. .t ,.,i. �:._ that �lii:.� ,.� nc.c.c.. ..'3 , o. in the event that such a 'ont:inr"ency occurs and the OWNER. shall fail to cause the aforementioned removal within ten (10) days after the mailing of the written notice from said Director to the OWNER, then 1 41,8980 rc1925 the City Manager of the City of Miami shall act as agent of OWNERS which agency is hereby specifically created) and said City Manager shall cause the aforesaid removal of said encroaching improvements and the total cost and expense therefore shall be charged to OWNER) and the amount of same shall be declared and established as a lien on the premises of such defaulting OWNER and enforced as lien for materials furnished and work and labor done provided under the Statutes of the State of Florida. It is expressly agreed that this instrument and obligation shall be binding; on the OWNER, his successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to said property or any part thereof. IN 4'iITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in his name the day and year first above set forth. Signed, 'eal ed and Delivered in the Presence of: -« 'L £ ``= W'I t 's / r NEST 1.1S1 IIUETT Witness .,TAT,'. OF FLORIDA ) L,. 1 . COUNTY OF DADE I HEREBY C! RTTI' _ that on this oav personally appeared before me an officer duly authorized to administer oath:_ and take acknowledgements, ERNES W. BENNETT, a single ,ers n, to r:.e well known to be theperson �_ crib:-� � � � 1-� described d in and who executed `,.he. :"'.firegoi'nkr instrument and ackno."'ledred before Inc that he executed the same ,e� • and voluntarily v for the purposes therein expressed. + 1 �. f\ '.','TT'J1,,.. ;:ry hand and official seal .at Niarni, Count of Dane .. ncr, •''•�.�� " State of this 1l '�'` day �'f Y- * l' � - 1. C A. . , ��1� � � • �,• , •.4.. Florida,T 'L NOTARY Pv .. • • ti.. t c , ., MY COMMIS s r'd !XP!RES SEP. /2, 197 C� ` i -� = KINDLE; (HIM GENERAL INSURANCE UNQEIiWR!TfP' f /C :'�•'7 //' L. r%�!' ° —" Commission Expires: . ,:ct..ary Public, State of r'lorid �.a.t.•.La rt ,t` t{rT :'G`'1'.Ll A." `J(J i ORI:i ;r CORRECTNESS r-PFRflVED AS TO DESCRI?TIOII .� r . a . •. •• r City Attorney Director, Dcpartni`ent of Public Works APPROVED: Instrument Prepared by Department of Law City of 1.1.1ami , Florida IrlS`I'EUI1E T 15 EXECUTED PURSUANT TO RESOLUTION NO. 75..389 PASSED AND AD PTEij April 22, 1975 P.W. 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