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Home My WebLink AboutR-75-0877/16 O and ditions RESOLtTtON No.,,..„. A RESOLUTION AUTHORIZING AND ftRECTING THE CITY MANAGER A.Nf CITY CLERK TO EXECUTE AN INS 'RtMENT" E'oRMALLY CANCELLING THE OCTOEER 14, t968, COVENANT TO RUN WITH THE LAND E ECUTEb f3Y C. G. REf3oZo, C. V. W. TRICE, JRs, AND f{ATHERINE J. TRICE, HIS WIPE, RELATING To A TEMPORARY SANITARY SEWER FORCE MAIN SERVING A SHOPPING CENTER LOCATED AT THE N.E. CORNER of+ N.W, 22 AVENUE AND 11 STREET, WHEREAS, by order of Resolution No. 39503, passed and adopted by the City Commission on March 13, 1968, a permit was issued to C. G. Rebozo, C. V. W. Trice, Jr., and Katherine J. Trice, his wife, for the construction, maintenance -and operation of a temporary 4-inch sanitary sewer force main to serve their property located at the N.E. corner of N.W. 22 Avenue and 11 Street; and WHEREAS, the issuance of this permit was contingent upon the owners executing and delivering to the City a Covenant To Run With The Land requiring the owners to disconnect from the aforesaid sewer, and to reconnect to a City sanitary sewer abutting their property when it was put into operation; and WHEREAS, said covenant, which also provided the usual guarantees and warranties for the City, was duly executed and delivered to the City;. and WHEREAS, subsequently the City had put the inactive sewer into operation, and the owners immediately made the required changeover tothe total satisfaction of the City; "DOCUMENT„ t'DEX WHEREAS, under the $ 1 L!'ri 1Y V. • circumstances, since all the con - of the aforesaid covenant have '.een met, there is no further need for this covenant to remain in effect; and CITY COMMISSION MEETING OF SEP 2 51975 RESOUTIaN o. � "�- �' 2 9 VI WHEREAS, it is now in order for the City COMthiSSion to cancel the aforesaid Covenant To Run With The Land: NOW, THEREPORE# BE IT RESOLVED BY THE COMMISSION OP THE CITY OP M/AMI, PLORIDAt Section 1. The Covenant To Run With The Land executed by C, G. Rebozo, C. V. W. Trice, Ir., and Ratherine J. Trice, his wife, on October 14, 1968, heretofore accepted by City Commission Resolution No. 39503 on March 13, 1968, be, and the same is hereby, cancelled. Section 2. The City Manager and the City Clerk are hereby authorized and directed to execute an instrument formally cancelling the aforesaid covenant, a copy of said instrument being attached hereto and made a part hereof. PASSED AND ADOPTED THIS 25THday of SEPTEMBER 1975. MAulucF A. FEPRE MAYOR Attest: C'ty Clerk PREPARED AND APPROVED BY: Robert F. Clark Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: John -2- I. •L. • I ; tf 1.1 11. • CANCELLATION OF COV-1,1ANT _TO . RUN 1.0111_ TliE_ _TAM WHEREAS, C. 0. RE8OZO, a single man, C. V. W. TRICE, JR., and KATHER/NE J. TRICE, his wife, as OWNERS, and THE CITY OF MIAMI, a municipal corporation of the State of Florida, as CITY, entered into that certain Covenant to Run With The Land dated October 14, 1968, and accepted by The City of Miami Commission by Resolution 1o. 39503, passed and adopted March 13, 1968; said covenant relating to OWNERS construction of a temporary 4-itch cast iron sanitary sewer force main to provide sanitary sewer service at OWNERS building complex located on Tracts "A" and "8" and Lot 11, of LASH SUBDIVISION AMENDED, as recorded in Plat Book 50, at Page 12; Lots 12 through 16, Block 4 and Lots 23 through 38, 8lock 2, of PLAINFIELD PARK, as recorded in Plat Book 15 at Page 61, all in the Public Records of Dade County, Florida; and WHEREAS, said covenant required OWNERS to disconnect said temporary sanitary sewer force main from the CITYtS 42" sanitary sewer force main located at N. W. 11 Street and 23 Avenue and to reconnect the sanitary sewer lateral from OWNERS buildings to a CITY sanitary sewer abutting their property when it was put into operation. WHEREAS, the said abutting sanitary sewer was put into operation by the CITY, and the OWNERS made the required change over to the total satisfaction of the CITY. NOW, THEREFORE, in consideration of the fact, that all the conditions of the aforementioned covenant having been met, and there being no further reason for its continued existence, THE CITY OF MIAMI does hereby cancel the aforesaid Covenant To Run With The Land, thereby relieving the present OWNERS of any and all liability thereunder. IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the State of Florida, has caused this instrument to be executed in its name and its corporate seal to be affixed hereto, by its City Manager and City Clerk, both thereunto duly authorized, this day of 1975. Signed, Sealed and Delivered in the Presence of: THE CITY OF MIAMI Witnesa By As City Manager Attest Witness As City Clerk r r,. (v.:" , , STATE PLORIDA ) COUNTY cF DARE an officer authorized to take acknowledgments, hereby certify that on this day of , 19 personally appeared before pie E. W. ANDREWS and N. D. SOUTHERN) known to the to be the City Manager and the City Clerk respectively, of the CITY OE MIA►MI) a municipal corporation in and under the lawg of the State of Florida, and known to idle to be the persons who executed the foregoing instrutient, and they severally acknow- ledged the 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 off 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; Notary Public, State of Florida at Larg APPROVED AS TO FORM & CORRECTNESS City Attorney This Instrument executed Pursuant to Resolution No. Passed and Adopted This Instrument Prepared by Department of Law City of Miami, Florida "r."7).‘7°P,rtITIVE 1�,Ut'vi- r� FOL O CITY Ott ,:tow?Izw 1NYCR4rrlet MetiMPANCAJM fa, 1,4 W 4 Andrews City Manager Centre). wt September 5, 1575 t`IL : 139-10•M kubdta: C • 0. Rebazo, et a1 • Resolution Accepting Cancellation of Covenant for 4" Force Main • N.E. Corner ktSENttEt gstY. 22 Ave, and 11 St. eNGt-+SURtS: On March 13, 1968, the City Commission passed and adopted Resolution No. 39503 for the issuance of a permit to C. C. pebozo, C. V. W. Trice, Jr., and Katherine J. Trice, his wife, to construct a temporary sanitary sewer force main to serve their: soaping center located at the N.E. corner of N.W. 22 Avenue and 11 Street. A condition to issuing this permit was that the aforesaid owners would be required to execute and deliver to the City of Miami a Covenant To Run With The Land which required them to disconnect from this temporary sewer and reconnect to a City sanitary sewer abutting their property when it was put into operation. This condition was met when said owners executed and delivered the aforesaid Covenant To Run With The Land to the City of Miami. When the abutting City sewer was activated, the owners mace the required changeover to the total satisfaction of the City. Since all the conditions of the a2oresai :.cmenant have Inez t:-.e_e is no reason for it to remain in effect. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS HE ADOPTION OY A RESOLUTION CANCELING THE OCTOBER 14, 1968, COVENANT TO 'BUY WITH THE LAND EXECUTED BY, C. G. REBOZO, C. V. W. TRICE, JR., ANC K&T1 RINE J. TRICE, HIS WIFE, RELATING TO A SANITARY SEWER FORCE MAIN SERVING BUILDINGS LOCATED AT THE N.E. CORNER OF N.W. 22 AVENUE AND 11 STREET; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT FORMALLY CANCELING THE AFORESAID COVENANT, A COPY OF SAID INSTRUMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. VEG:ACB:jc