HomeMy WebLinkAboutR-75-11433
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12/e/75
RESOLUTION NO. g,»i3
A RESOLUTION TO CANCEL THAT CERTAIN COVENANT TO
RUN WITH THE LAND EXECUTED BY RIX, INC. ON APRIL
23, 1970, RELATING TO THE SANITARY SEWER FORCE
MAIN SERVING THE APARTMENT HOUSE AT 850 N.W. 4+TH
AVENUE; AND DIRECTING THE CITY MANAGER TO EXECUTE
AN INSTRUMENT CANCELLING THE AFORESAID COVENANT
AND FORWARDING SAME TO THE PRESENT OWNER, DIEGO
AND MARIA SAAVEDRA, 1404 GRANADA BOULEVARD, CORAL
GABLES, FLORIDA, 33134.
WHEREAS, RIX, INC., as owner, requested from the City
of Miami a permit to construct, operate and maintain a temporary
4-inch sanitary sewer force main to provide the subject apartment
house with sanitary sewer service, the course of this installation
being within and along the public right-of-way of N.W. 45th
Avenue, to a point of connection with the 54-inch force main
provided by the then known Department of Water and Sewers of the
"DOCUMENT Ifl EX
City of Miami at N.W. 9th Street; and �
WHEREAS, on April 23, 1970, RIX,) I TE(TC': PcuIgana"
delivered a Covenant To Run With The Land wherein the owner agreed
to disconnect said temporary sanitary sewer force main from the
aforesaid connection and reconnect the sanitary sewer from said
apartment house to the new sanitary sewer system provided by the
"City" whenever the "City" extends the sanitary sewer service in
this area. This instrument contained the usual warranties and
guarantees for the protection of the City of Miami; and
WHEREAS, the Covenant, which was subsequently recorded
in Official Record Book 6902, at Page 657, of the Public Records
of Dade County, Florida, had been accepted by City of Miami
Commission Resolution No. 41518, passed and adopted on May 13,
1970; and
WHEREAS, later, when the City (now Miami -Dade Water
and Sewer Authority) had extended the sanitary sewer service in
the subject area, the owner made the required changeover to the
total satisfaction of the City of Miami; and
"suPPo'ITE
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WHEREAS, since all the conditions of the aforesaid
Covenant have been met, there is no reason for it to remain in
effect. It is now in order for the City Commission to cancel the
aforesaid Covenant To Run With The Lands
NOW, THEREFORE, BE IT RESOLVED BY THE Ct3MMXSSION
OF THE CITY or MIAMI, FLORIDA:
Section 1. That the Covenant To Run With The Land
executed by RIX, INC. on April 23, 1970, recorded in Official
Record Book 6902, at Page 657, of the Public Records of Dade
County, Florida, and heretofore accepted by City Commission
Resolution No. 41518 on May 13, 1970, be, and the same is
hereby cancelled.
Section 2. The City Manager is hereby authorized and
directed to execute an instrument formally cancelling the aforesaid
Covenant, and forwarding same to the present owner of record,
Diego and Maria Saavedra, 1404 Granada Boulevard. Coral Gables,
Florida 33134.
PASSED AND ADOPTED this 19 day of December
1975.
Maurice A. Terre
•
t. ._,.,.
Ht W. S9uthern
CITY CLERK
PREPARED AND APPROVED BY:
1 t
MICHBc. E. £WbE RSoN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORK AND CORRECTNESS$
r
JOHN S . LLOYD
CITY ATTORNEY
1
MAYOR
i •
is T%
•
CITY OP IMAM, PLORtd#
11,41111hOPPICIt MtMOR*NOuM
1e P. W. Andrew
City Manager
r_ r:e. • je,
William E. Parkes
Acting Director
Department of Public Works
C+latral
DAME November 14, 1975 '.e 139.10•DD
Resolution to Cancel Force Main
Covenant - Rix, inc. • 850 N.W.
45 Avenue
REFFRFP4 E9
F:NCLOSUNFS
On May 13, 1970 City Commission Resolution No. 41518 accepted the
April 23, 1970 Covenant To Run With The Land executed by Rix, Inc.
permitting the construction, operation and maintenance of a temporary
4-inch sanitary sewer force main to serve the apartment house at 850
N.W. 45 Avenue, the course of this installation being within and along
the public right-of-way of N.W. 45 Avenue to a point of connection with
the 54-inch force main provided by the (then known as) Department of
Water and Sewers of the City of Miami at N.W. 9 Street.
A condition of the aforesaid covenant required the owner to disconnect
from the aforesaid 54-inch main and reconnect to the new sanitary sewer
system whenever the "City" extends the sanitary service in this area.
Subsequently, when the City's sanitary sewers were so extended the
owner made the required changeover to the total satisfaction of the
City of Miami.
Since the owner has fully complied with all the conditions of the afore-
said covenant, there is no reason for it to remain in effect. It is
now in order for the City Commission to cancel the aforesaid Covenant
To Run With The Land.
THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS THE ADOPTION OF A RESOLUTION
CANCELING THE APRIL 23, 1970 COVENANT TO RUN WITH THE LAND, EXECUTED
BY RIX, INC., RELATING TO A SANITARY SEWER FORCE MAIN SERVING AN APART-
MENT HOUSE LOCATED AT 850 N.W. 45 AVENUE; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AN INSTRUMENT FORMALLY CANCELING THE MOM.
SAID COVENANT, A COPY OF SAID INSTRUMENT BEING ATTACHED HERETO AND MADE
A PART HEREO F .
WEI:ACB:jt
"SUPPORTIVE
DOGE;;." LNT2
F; L(_OW"
•
A'.4T TD RUN WITH THE LAND
WHEREAS, RtX, TNC., a Florida corporation, ad OWNER, and
the City of Miami, as CITY, entered into that certain Covenant To
Run With The Land dated April 23, 1970, duly recorded on June 30,
1970 in Official Record Book 6902, at Page 657, of the Public
Records of Dade County, Florida; and
WHEREAS, said covenant relating to OWNER'S construction of
a temporary 4-inch sanitary sewer force main serving OWNER'S build-
ing at No. 850 N.W. 45 Avenue, Miami, Florida, also described as
being on' Tract 7 and 8, of Block 4, LE JEUNE GARDENS ESTATES, as
recorded in Plat Book 40, at Page 37, of the Public Records of
Dade County, Florida, was duly accepted by City of Miami Commission►
Resolution No. 41518, passed and adopted May 13, 1970; and
WHEREAS, said covenant required OWNER to disconnect the
aforesaid force main from CITY'S 54-inch force main and reconnect
a sewer lateral from said building to CITY'S new gravity sanitary
sewer system whenever the latter was extended to serve the afore-
said building; and
WHEREAS, the new gravity sanitary sewer system had been
duly extended by CITY to serve said building, and OWNER made the
required changeover to the total satisfaction of. CITY.
NOW, THEREFORE, in consideration of the fact that all con-
ditions of the aforesaid covenant having been met, and there being
no further reason for its continued existence, the City of Miami
does hereby cancel said Covenant To Run With The Land, thereby
relieving OWNER of any and all liability thereunder and directs
the Clerk of the Circuit Court to cancel same of record.
IN WITNESS WHEREOF, the CITY OF MIAMI, a Municipal corpora-
tion 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 THE CITY OF MIAMI
in the Presence of:
By
Witness City Manager
"itnesb
Attest
City C erk
"SUPPCRINVE
DOCUMENTS
1
STATE OF FLORIDA)
COUNTY Or DADE )
I, an officer authorised to take acknowledgments, hereby
certify that on this day of , 19 personally
appeared before me P. W. ANDREWS and H. D. SOUTHERN, known to me
to be the City Manager and the City Clerk, respectively, of the
CITY or MIAMI, a municipal corporation in and under the laws of
the State of Florida, and known to me to be the persons who exe-
cuted the foregoing instrument, and they severally acknowledged
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 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:
APPROVED AS TO FORM AND CORRECTNESS
Notary Public, State of Florida
at Large
City Attorney
This Instrument Executed
Pursuant to Resolution No.
,assed and Adopted
This Instrument Prepared by
DstpaCLm.nt pf Lest
City of faaia__E qi id, .
.
RUN WITH THE LAND
WHEREAS, RIX, INC., a Florida corporation, as OWNER, and
the City of Miami, as CITY, entered into that certain Covenant To
Run With The Land dated April 23, 1970, duly recorded on June 3O,
1970 in Official Record Book 6902, at Page 657, of the Public
Records of Dade County, Florida; and
WHEREAS, said covenant relating to OWNER'S construction of
a temporary 4-inch sanitary sewer force main serving OWNER'S build-
ing at No. 850 N.W. 45 Avenue, Miami, Florida, also described as
being on Tract 7 and 6, of. Block 4, LE JEUNE.GARDENS ESTATES, as
recorded in Plat Book 40, at Page 37, of the Public Records of
Dade County, Florida, was duly accepted by City of Mimi Commission
Resolution No. 41516, passed and adopted May 13, 1970; and
WHEREAS, said covenant required OWNER to disconnect the
aforesaid force main from CITY'S 54-inch force main and reconnect
a sewer lateral from said building to CITY'S new gravity sanitary
sewer system whenever the latter was extended to serve the afore-
said building; and
WHEREAS, the new gravity sanitary sewer system had been
duly extended by CITY to serve said building, and OWNER made the
required changeover to the total satisfaction of CITY.
NOW, THEREFORE, in consideration of the fact that all con-
ditions of the aforesaid covenant having been met, and there being
no further reason for its continued existence, the City of Miami
does hereby cancel said Covenant To Run With The Land, thereby
relieving OWNER of any and all liability thereunder and directs
the Clerk of the Circuit Court to cancel same of record.
IN WITNESS WHEREOF, the CITY OF MIAMI, a Municipal corpora-
tion 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 authorised,
this day of 1975.
Signed, Sealed and Delivered THE CITY OF MIAMI
in the Presence of:
By
Witness City Manager
Attest
"itness City Clerk
STATE OF FLORIbA)
)
COUNTY OF DADE )
1, an officer authorised to take acknowledgments, hereby
certify that on this day of , 19 personally
appeared before me P. W. ANDR1WS and H. D. SOUTHERN, known to me
to be the City Manager and the City Clerk, respectively, of the
CITY OF MIAMI, r municipal corporation in and under the laws of
the State of Florida, and known to me to be the persons who exe-
cuted the foregoing instrument, and they severally acknowledged
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 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:
APPROVED AS TO FORM AND CORRECTNESS
Notary Public, State of Florida
at Large
City Attorney
This Instrument Executed
Pursuant to Resolution No.
.assed and Adopted
This Instrument Prepared by
Devartmtnt pf Law
City of Komi, Florida
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