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Home My WebLink AboutR-75-056011 12 13 14 15 16 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO1 S6 A RESOLUTION ACCEP' INO THE FEBRUARY it 1 7S COVENANT TO RUN WITH THE LASD EXECUTED E PREDERtCO SA RIA AND M ► t1A DEL CARMEN SARRIA, HIS WIFE, A5 OWNERS' PEi MITTINO THE ENCLOSURE E. OE THE EtISTItNOARCADE WHICH ENCROACHED IN THE ZONED RIGHT DP WAY OP N.Urb 4 STREET NORTH SIDE THEREOF', EASTERLY OE AND ADJACENT TO N.W, 12 AVENUE, E, MORE PARTICULARLY DESCRIBED AS BEING THE WEST 100 PEST OP LOT 12, LESS THE UST 71 PEST AND THE WEST 100 H! EET OP LOT 13, LESS THE WEST 71 PI ET OP LAWttENCE ESTATE LAND 'COMPANYS SUBDIVISION (2-4G) ; AND DIRECTING THE PROPER OE?ICIAL OP THE CITY OF MIAMI TO RECORD SAID COVENANT IN THE PUBLIC RECORDS 0P DADE COUNTY; FLORIDA. WHEREAS, the owner enclosed the entire perimeter around the existing arcade which encroached into the zoned right of way of N.W. 4th Street resulting in the building having been extended to the property line a distance of 10 feet from the base building line; and WHEREAS, the owner has requested to be relieved of the obligation to correct the said encroachment at this time and, in consideration of the forbearance of the City to request immediate correction, has executed and delivered to the City a Covenant to Run with the Land whereby he will: A. Correct the said encroachment at his expense when so requested by the City Director of the Department of Public Works. B. Construct at his expense sidewalk, curb and gutter, and pavement adjacent to premises, according to City's specification and plan. C. lipon being requested by the City's Director of the Department of Public Works to correct the encroachment from within the zoned street width, the owner agrees to relocate the sidewalk, curb and gutter back to the base building line and WHEREAS, it is now in order for the City Commission to CITY COMMISSION MEETING OF JUN 121975 REutns Mo,,T."-" 0 REMARKS: PP t 20 21 22 H 23 'tJ . SU accept the aforesaid Covenant to Run with the Land and to have it recorded in the Public Records of bade County, Florida, NOW T11111Ef'ORE, BE IT RESOLVED BY THE commtastON 0V THE CI '1~�5t Off' MIAMI, MAIM: Section 1. The February 7, 1975 Covenant to Run with the Land executed by Federico Sarria and Maria 1e1 Carmen Sarria, his wife, permitting the enclosure of the existing arcade which encroached in the zoned right of way of N.W. 4 Street north side thereof, easterly of and adjacent to N.W. 12 Avenue, more particularly described as being the west 100 feet of Lot 12, less the west 71 feet and the west 100 feet of Lot 13, less the west 71 feet of Lawrence Estate Land Companys subdivision (2-46), be and the same is hereby accepted. Section 2. 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 AND ADOPTED this 1975. I' 24 "�. 25 UTHERI 26 27 28 29 30 31 32 33 34 35 CITY CLERK 12day of JUiLE MAURI CE A. FERRE PREPARED AND APPROVED BY: M A Y 0 R MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: JOHN S. LLOYD City Attorney 36 eft, bt- 1 AM,, VLbl tbA TER.O 'PItt WiEMt iA'Nt3UM }r P . W. Andrews City Manager VV omit 8. rlmm, Jr. artment of Public Works tAT1.• April 'q,•1975 Sl ib:isCT 1-it i ettrai 139-10.'55 Resolution Atcepting Covenant Building Ent rt achment in Zoned Right of Way - N.W. 4 St. at .lF t i_ 1tNL N.14. 12 Ave . ENCLOSURES The arcade which encroached in the zoned street width on the north side of N.W. 4 Street, easterly of and adjacent to N.W. 12 Avenue, was walled up by the abutting owner resulting in the building having been extended to the property line a distance of 10 feet front the base building line, and also causing the pedestrian walkway under the arcade to become in- accessable to the public. The owner has asked to be relieved of the obligation to correct the en- croachment at this time and, in consideration of the forbearance of the City to request immediate correction, has executed and delivered to the City a Covenant To Run With The Land whereby he will: Correct the said encroachment at his expense when so requested by the City's Director of the Department of Public Works. Construct at his expense sidewalk, curb and gutter and pavement adjacent to premises according to City's specification and plan which will provide a contiguous walkway for the public in juxta- position with the adjoining sidewalk. Upon being requested by the City's Director of the Department of Public Works to correct the encroachment from within the zoned street width, the owner agrees to relocate the sidewalk, curb and gutter back to the base building line. It is now in order for the City Commission to accept the aforesaid cove- nant and to have it recorded in the Public Records cf Dade County, Florida. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION OF THE RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND EXECUTED BY FEDERICO SARRIA AND MARIA DEL CARMEN SARRIA, HIS WIFE, RELATING TO THE WALLING UP OF THE EXISTING ARCADE WHICH ENCROACHED IN THE ZONED RIGHT OF WAY OF N.W. 4 STREET, NORTH SIDE THEREOF, EASTERLY OF AND ADJACENT TO, N.W. 12 AVENUE; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. VEG:ACB:jt AN ill 5 litE 902 COVENANT '0 RIJN W,ITI ,THE, LAND THIS COVENANT, made and entered into this / day of T- A►D, 19?5, by and between FEDERICO SARRIA and MARIA DEL CARMEN SARRIA, hig wife, parties 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, herein- after called CITY: WITNESSET14 THAT WHEREAS, FEDERICO SARRIA and MAR/A DEL CARMEN SARRIA, his wife are the fee owners of the following described parcel of land, to wit: West 100 feet of Lot 12, less the West 71 feet, and the West 100 feet of Lot 13, less the West 7.5 feet, of LAWRENCE ESTATE LAND COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page 46, in the Public Records of Dade County, Florida WHEREAS, the OWNER walled in the entire perimeter about the existing arcade which encroached into the zoned right of way resulting in the pedestrian walkway being made inaccessable to the public. WHEREAS, the OWNER'S building now extends to the property line a distance of ten feet from the base building line, as shown on the attached sketch of survey which is made a part hereof; and WHEREAS, the OWNER asks to be relieved of this obligation to correct the said encroachment at this time, and in consideration of the fore- bearance of the CITY to request immediate removal of said encroachment, the OWNER agrees that he will remove said encroachment at his own cost and expense from within the zoned right of way when said removal is deemed necessary and advisable by the CITY'S Director of the Department of Public Works, or, at any time that the said building constituting the encroachment is improved or structurally altered after this date; and WHEREAS, CITY, pursuant to Chapter 514, Section 514-344, of the CITY'S Code, as amended by Ordinance No. 7990 and further amended by CITY Ordinance No. 8255, requires that sidewalk and/or curb and gutter shall at the sole expense of OWNER be constructed, reconstructed or repaired contiguous or adjacent to private property that is being improved pursuant to building permits issued by the CITY. NOW, THEREFORE, in consideration of the premises herein set out, the parties hereby covenant and agree that the OWNER shall not be required to remove the existing encroachment at this time, except when said removal is deemed necessary and advisable by the CITY'S Director of the Department of Public Works, or, at any time that the said building constituting this encroachment is improved or structurally altered after this date. As further consideration for the CITY'S said forbearance, the OWNER agrees to pave at his sole expense the area adjacent to premises compatible with the construction required in Section 14 below. 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, maintenance, repair and/or removal of said encroach- ing improvement or any part thereof, and in the event of damage to the said encroaching improvement 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 responsible for the damage or not; and s'rATE iF FLORfE)A4 p4CUMENTARY ...STAMP TAX j PE PT OF IiEVENU / r « yy;�i- fftt 1 JUN24 7 \* p-'447 0 0 3 V I STATE Of FLORIDA DOCUMENTARY SUR TAX Afc 9026 739 21 The OWNER shall operate and maintain said encroaching i tproveinent in a manner that prevents it frofn being or becoting a nuisance or detrimental to public health and safety or injurious to adjacent property public or private; and 3, The OWNER shall remove, at his own cost and expense said encroaching improvement, when and if the CITY'S Director of the Department of Public Works determines that this is necessary or advisable' and in the event that such a contingency occurs and the OWNER shall fail to cause the aforementioned removal within thirty (30) days after the trailing of the written notice from said Director to the OWNER, then the City Manager of the City of Miami shall act as agent of OWNER, which agency is hereby specifically created, and said City Manger shall cause the aforesaid removal of said encroaching improvement 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 a lien for materials furnished and work and labor done provided under the Statutes of the State of Florida. 4. The OWNER shall construct at his sole expense sidewalk, curb and gutter, and pavement adjacent to premises, according to the CITY'S specifications and plan. 5. In the event that the OWNER shall fail to comply with the requirements of Section 4 above, then the City Manager shall act in accordance with theremedies outlined in Section 3 above. 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 WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in his name the day and year first above set forth. Signed, Sealed and Delivered in the Presence of, Witness; `. Witne ss Witness r r ' <l'L, . 1 FEDERICO SARRIA :/e//ai h7ARIA D L'CARMEN SARRIA 0 STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, FEDERICO SARRIA and MARIA DEL CARMEN SARRIA, 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 Stat, ;."6f•:Florida, this 77v, day of A.D., 1975 n 740 •Nerrk.ity p rro.i rz. '! 14.lnilif: ,' Nt„» pCp t �4:•rL'�A�tlittp� 4y Comm ssf'o i Expires APPROVED AS TO FORM & CORRECTNESS CityAttorney APPROVED AS TO DESCRIPTTION Director, Department of Public Works This Instrument Prepared by Mir "xe„' Department of Law City of Miami, Florida THIS INSTRUMENT IS EXECUTED PURSUANT TO RESOLUTION NO. 75-560 PASSED AND ADOPTED June 12, 1975 APPROVED: P. W. Andrews City Manager ReCORDER ` NO'F the 'legibility bt v,titiiict, yhih of htrtitiiig uitisatis• tti tbty in this document whet teteived. r { i. ( r i' rr Ow 4 * r erLi 7 CANPEP IN 9F/ICIM. $4CQIIP3 $QVI 0 PAPE ;VAR, fi IRIDA. I UCt 4lW '. ARJN, CLERK GiACuir COURT