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Home My WebLink AboutR-73-05961 6 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 32 33 34 35 36 RHT/cc 7/9/73 RESOLUTION NO. 7. r' 4 1 1; A RESOLUTION ACCEPTING FROM ALLEN R. GREENWALD AND JILL F. GREENWALD, HIS WIFE, A COVENANT TO RUN WITH THE LAND DATED JUNE 7, 1973, RELATING TO A BUILDING ENCROACHMENT IN THE DEDICATED STREET RIGHT OF WAY AT THE SOUTHEAST CORNER OF N. E. 24 STREET AND 7 AVENUE AND DIRECTING THAT SAID COVENANT BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY. U(. a 11 WHEREAS, Allen R. Greenwald and his wife are the owners of a two story C.B.S. building that is located at the Southeast corner of N.E. 24 Street and 7 Avenue and the Northwest corner of this building encroaches in the street right of way approximately four and one-half feet measured from the arc of a twenty-five foot radius return; and WHEREAS, the owners asked to be relieved from their obligation to remove this encroachment at this time and in consideration of the forbearance of the City, said owners have executed a Covenant To Run With The Land under which they agree to remove at their own expense said encroachment upon sixty days written notice from the Director of the Department of Public Works; and WHEREAS, the Department of Public Works recommends that the aforementioned covenant be accepted by the City of Miami and filed in the Public Records of Dade County; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 'OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Covenant To Run With the Land, dated June 7, 1973, executed by Allen R. Greenwald and Jill Greenwald, his wife, relating to the encroachment of u 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 so 31 32 33 34 35 36 a two story C.B.S. building, approximately four and one-half feet into the dedicated street right of way of N.E. 24 Street and N.E. 7 Avenue, as measured from the arc of a twenty-five foot radium return, as shown on the plat of BAYBREEZE (7-77) be and the same is hereby accepted. Section 2. That the proper official of The City of Miami be, and he is hereby directed to record the aforesaid Covenant To Run With The Land in the Public Records of Dade County, Florida, and furnish such recording information to the City Clerk. PASSED AND ADOPTED this PREPARED AND APPROVED BY: 14 day of Cile4 R. Harris Turne, Assistant City Attorney 064ber REVIEWED BY: John S. Lloyd MI Assistant Director of Law APPROVED AS TO FORM -AND ,t----- - r Alan H. Rothstein City Attorney -2- ,1973. 2 r= I; o► c S403 S•474 tli � r COVENANT TO RUN WITH THE LAND ' THIS COVENANT, made and entered into on Jsr...0 "2 / r2 ? by and between ALLEN R. GREENWALD and JILL GREENWALD, his jtfe, whose address is 1400 N.W. 36th Street, Miami, Florida, hereinafter called the OWNER, and THE CITY OF MIAMI, FLORIDA, in the County of Dade, hereinafter called CITY; and WHEREAS, ALLEN R. GREENWALD and JILL GREENWALD, his wife, are the fee owners of the West 53 feet of Lot 21 and the West 53 feet of the North one-half of Lot 22 of BAY BREEZE, according to the plat thereof, as recorded in Plat Book 7, at Page 77, of the Public Records of Dade County, Florida; and WHEREAS, the OWNER or his predecessors in title constructed a two story C.B.S. building in such a manner that it encroaches 4.5 feet over and beyond the property line at the southeast corner of N.E. 24th Street and N.E. 7th Avenue, as shown on the attached survey sketch prepared by THOMAS J. KELLY, Registered Land Surveyor; and WHEREAS, the OWNER asks to be relieved of his obligation to correct this encroachment at this time and in the future except as herein provided, and in consideration of the forebearance of the CITY to request immediate removal of the encroachment, the OWNER agrees he will remove at his own expense and cost this encroachment in the dedicated right-of-way of N.E. 24th Street and N.E. 7th Avenue if he should structrually alter, as herein defined, the above described building or if the CITY shall widen the right-of-way area upon which the encroachment exists. 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 or in the future except that upon the OWNER structurally altering the above described building or the CITY widening the right-of-way area upon which the encroachment exist the OWNER agrees to remove or cause to be removed the said encroachment upon sixty (60) days written notice from the Director -of the Department of Public Works of the City of Miami, Florida, addressed to the OWNER or his successor in title at 1400 N.W. 36th Street. The term_"structurally alter" as used herein shall be defined as: When repairs and alterations amounting to more than 50 percent of the value of the existing building are made during any 12 month period, the building or structure shall be made to conform to all the requirements for a new building or structure. It is expressly agreed that this obligation shall be binding upon the parties, their heirs, successors in interest and/or assigns and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid West 53 feet of Lot 21 and the West 53 feet of the North one-half of Lot 22 of said BAY BREEZE. In the event that the OWNER or any future owner of the West 53 feet of Lot 21 and the West 53 feet of the North one-half of Lot 22 of said BAY BREEZE, upon the occurrence of the conditicns as set out above, shall fail to remove or cause to be removed the encroach- ment described above within sixty (60) days after written notice from the Director of the Department of Public Works of the City of Miami, Florida, then the City Manager of the City of Miami, Florida, shall act as agent of the OWNER or any fee simple title owner of the parcel of land described in the written notice, which agency is hereby specifically created, and said City Manager shall cuase the aforementioned encroachment to be removed at the expense of the OWNER and/or fee simple title owner, and the amount of said demolition n f. 1. j I, •. U ., . i Y �I\y, n111-44 LAW OFFICES OF HARRIS & SIRKIN. P.A., DADE FEDERAL BUILDING, MIAMI, FLORIDA 33131 33 I 1.., arr► 84O.3 ; 47 # and reconstruction costs shall be declared and established as a lien on the property 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. IN WITNESS WHEREOF, the OWNER has caused this Covenant to be signed and executed in its name this 7th day of June , A.D., 1973. Signed, Sealed and Delivered in the Presence of: L :t STATE OF FLORIDA: SS COUNTY OF DADE ALLEN fit'. JL REENWALD ALL^AA41045 ;Pita GREENWALD I HEREBY CERTIFY, that on this 7th day of June , A.D., 1973, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, ALLEN R. GREENWALD and JILL GREENWALD, to me known to be the persons who signed and 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 seal at Miami, in the County of Dade and State of Florida the day and year aforesaid. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY CO;.'., . ..11 Ex':':'.S ':.A ( 12, 1975 GENERAL INSURANCE UNDERWRITERS, INC. • Notary Public, State of Florida This Instrument Executed Pursuant to Resolution No. 73-596 Passed and Adopted July 26, 1973 APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO DESC IPTION Director, Department of Public Works LAW OFFICES OF HARRIS & SIRKIN, P.A.. DADE FEDERAL BUILDING, MIAMI, FLORIDA 33131 4 a 1 { J CFFICEt -'N •1201 L.tJEUNE RO. CCCIR.IL.:,Ai3LES FLA. 3314 476 1 :THOMASJ. i LAND SURVEYOR TrLz PHOME' S11�d1, 7LCR1DA u;-rs'2 SURVEY ?4UMRE,Y- -73 - � '_ Y 3NC. SURVEY OF --I Is= �YI�>T gay c= ?i G;= LO", • .o 1 .i a". gal' SU301VISIOM �•4\Y = — Z ♦1CCORD4NG TO ?Kt PLAT TMEREO! AS RECORDED IM PLAT SOCA N.. ! AT PAGE ice• i.iC RECORDS OF °ADC COUNTY, FLORIDA, DAM�3. 1 1"173 iOR: L�';�: '.rc V 4 , LOCATION 54 ETCH • aLOCIC SCALE I" : 2.0 0 I MERE3Y CERTIFY THAT THE ATTACr10 • SZETCH REPRESENTS A RECENT SURVEY NAB( UNDER f4T DIRECTION Ar40 IS TXUE A1iO COO. ,.. ; To ?NE REST OF I•Y XNGtiLEDGE AND Z V T\a. ST. lit _ . 21 23 t %. LO_,4""17D IN NAtCu N.A) FLA. • a NGN'CAC.'itypeT U EF. T?IWR! . aE NO ENCROACHMENTS. ,CG?! A5 71.40 r..4 •/ `ZIGISTERLO'LA•110 Stl*VI7OR 81%1 '•.�,/�STATE C4• Plt9AlD,r{. J.E. 2'? TH. Si • oC7/';{/ a' aav�NIENT _ g 0.it'P I• tr. (.1 ;? N .' -- - (1 . -1-1 L • i r • 1 / 1 ; • i3 - fgcT t+•'yAMt t1 ),1 .,t Ifi:•K:� RICJ1AR.1I P.81U1N t,ft,, f�J,j�kL (iItLUU i'1'. i t •,...,,..,...... �... _4. .. _ . •.. ...o..• T ^.iT.:L1