HomeMy WebLinkAboutR-43162}
tittivfi CPT MANAGER-MIAMI
1/12/72
12 JAN 19 N4 iv 52
RESOLUTION NOt/s--•#.
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47
A RESOLUTION ACCEPTING THE COVENANT TO
RUN WITH THE LAND DATED JANUARY 5, 1972,
FROM JULIO A. VIYELLA AND SYLVIA VIYELLA,
HIS WIFE, RELATING TO THE CONSTRUCTION OF
A TEMPORARY SANITARY SEWER FORCE MAIN;
AND AUTHORIZING THE ISSUANCE FOR A PERMIT
FOR SAID CONSTRUCTION,
WHEREAS, JULIO A. VIYELLA and SYLVIA VIYELLA, his wife,
are the owners of the property located at 6090 West Flagler
Street, and they propose to construct a 40-unit apartment
house complex at that location; and
WHEREAS, the owners have requested from the City of
Miami a permit to construct, operate and maintain a temporary
4-inch sanitary sewer force main to provide the aforesaid
apartment house complex with sanitary sewer service, includ-
ing all of the necessary pipes and appurtenances under the
surface of certain streets and avenues in the City of Miami,
as designated in the attached Covenant to Run with the Land,
and connect to a 54-inch sanitary sewer interceptor force
main as provided by the Department of Water and Sewers of the
City of Miami, located at N. W. 61 Avenue and N. W. 3rd Street;
and
WHEREAS, in connection with the request for permission
to construct the temporary force main JULIO A. VIYELLA and
SYLVIA VIYELLA, his wife, have executed and filed with the
City of Miami a Covenant to Run with the Land containing all
the customary protection for. the City of Miami, including
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the stipulation that liability insurance shall be carried
with the City as named insured;
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 January 5, 1972, executed by JULIO A. VIYELLA and
SYLVIA VIYELLA, his wife, relating to the construction of
a temporary sanitary sewer force main from their property
at 6090 West Flagler Street to the City's 54-inch sanitary
sewer i.iterceptor at N. W. 61 Avenue and N. W. 3rd Street,
a copy of said Covenant being attached hereto al% by this
reference made a part hereof, be and the same is hereby
accepted.
Section 2. That the proper officials of the City of
Miami are hereby authorized and directed to issue a permit
for the construction of the aforementioned temporary sanitary
sewer force main along the route described in the aforesaid
Covenant.
PASSED AND ADOPTED this c`2G' day of a- , 1972,
PREPARED AND APPROVED BY: Larry J. Hirsch
Assistant City Attorney
REVIEWED,Jack R. Rice, J r
Assistant to Director
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
tfit'72 FE8 y rid ! : 55 Or
REC 5 PC 307
7 2R 26806
-...,.., COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 5 day of J 40 A gy
A. D., 19 72 , by and between JULIO A. VIYELLA AND SYLVIA VIYELLA,
his wife, parties of the first part and hereinafter called OWNERS,
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:
WITNESSETH:
THAT WHEREAS, JULIO A. VIYELLA AND SYLVIA VIYELLA, his wife,
are the fee owners of the following described parcel of land
located at 6090 West Flagler Street, described as follows, to -wit:
The east 220 feet of the west 545 feet of the
south 129 feet of the north 164 feet of the
northwest 1/4 of the southeast 1/4 of Section 1,
Township 54 South, Range 40 East, lying and
being in Dade County, Florida.
WHEREAS, the OWNER proposes to construct a 40-unit apart-
ment house complex at 6090 West Flagler Street, and has requested
from the City a permit to construct, operate and maintain a tempo-
rary 4-inch sanitary sewer force main to provide the aforesaid
apartment house complex with sanitary sewer service, including all
of the necessary pipes and appurtenances under the surface of
certain streets and avenues in the City of Miami, as hereinafter
designated, and connect to a 54-inch sanitary sewer interceptor
force main as provided by the Department of Water and Sewers of
the City of Miami; and
WHEREAS, the OWNER will operate and maintain said sanitary
sewer force main system in such a manner that the sewage from said
apartment house will flaw through the said force main and be dis-
charged into the sanitary sewer interceptor force main of the Depart-
ment of Water and Sewers of the City of Miami on N. W. 3rd Street
at N. W. 61st Avenue;
NOW, THEREFORE, in consideration of the premises and bene-
fit which will accrue the OWNER from the construction, operation and
maintenance of said sanitary sewer force main system through, across,
along and under the surface of certain streets and avenues in the
City of Miami, as hereinafter designated, the OWNER, which term in-
cludes its successors in interest and/or assigns, does hereby covenant
and agree with the CITY as follows:
1. After a permit has been issued by the CITY, the OWNER
will cause to be constructed or installed a temporary sanitary sewer
force main, including the installation of necessary pipes and ap-
purtenances under the surface, and/or along the following specified
route:
From the proposed pump station located on the
OWNER'S property at 6090 West Flagler Street,
to S. W. 61st Avenue, at West Flagler Street,
thence run northerly along S. W. 61st Avenue,
across West Flagler Street, and continuing along
N. W. 61st Avenue to a point of connection with
the 54-inch sanitary sewer interceptor force main
at N. W. 3rd Street, in accordance with approved
plans filed in the Department of Public Works;
and
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I2R 26806
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 5 day of .IPaOARy
A. D., 1972 , by and between JULIO A. VIYELLA AND SYLVIA VIYELLA,
his wife, parties of the first part and hereinafter called OWNERS,
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:
WITNESSETH:
THAT WHEREAS, JULIO A. VIYELLA AND SYLVIA VIYELLA, his wife,
are the fee owners of the following described parcel of land
located at 6090 West Flagler Street, described as follows, to -wit:
The east 220 feet of the west 545 feet of the
south 129 feet of the north 164 feet of the
northwest 1/4 of the southeast 1/4 of Section 1,
Township 54 South, Range 40 East, lying and
being in Dade County, Florida.
WHEREAS, the OWNER proposes to construct a 40-unit apart-
ment house complex at 6090 West Flagler Street, and has requested
from the City a permit to construct, operate and maintain a tempo-
rary 4-inch sanitary sewer force main to provide the aforesaid
apartment house complex with sanitary sewer service, including all
of the necessary pipes and appurtenances under the surface of
certain streets and avenues in the City of Miami, as hereinafter
designated, and connect to a 54-inch sanitary sewer interceptor
force main as provided by the Department of Water and Sewers of
the City of Miami; and
WHEREAS, the OWNER will operate and maintain said sanitary
sewer force main system in such a manner that the sewage from said
apartment house will flow through the said force main and be dis-
charged into the sanitary sewer interceptor force main of the Depart-
ment of Water and Sewers of the City of Miami on N. W. 3rd Street
at N. W. 61st Avenue;
NOW, THEREFORE, in consideration of the premises and bene-
fit which will accrue the OWNER from the construction, operation and
maintenance of said sanitary sewer force main system through, across,
along and under the surface of certain streets and avenues in the
City of Miami, as hereinafter designated, the OWNER, which term in-
cludes its successors in interest and/or assigns, does hereby covenant
and agree with the CITY as follows:
1. After a permit has been issued by the CITY, the OWNER
will cause to be constructed or installed a temporary sanitary sewer
force main, including the installation of necessary pipes and ap-
purtenances under the surface, and/or along the following specified
route:
From the proposed pump station located on the
OWNER'S property at 6090 West Flagler Street,
to S. W. 61st Avenue, at West Flagler Street,
thence run northerly along S. W. 61st Avenue,
across West Flagler Street, and continuing along
N. W. 61st Avenue to a point of connection with
the 54-inch sanitary sewer interceptor force main
at N. W. 3rd Street, in accordance with approved
plans filed in the Department of Public Works;
and
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2. The OWNER shall submit to the Department of Public
Works construction plans and specifications for approval prior to
the construction of said sanitary sewer force main and a complete
set of "AS BUILT" plans after construction of this force main has
been completed; said plans and specifications to be prepared by a
professional engineer, registered in the State of Florida; and
3. The OWNER shall submit to the Department of Public
Works certified survey notes of initial staking and final measure-
ments, to be done by a land surveyor registered in the State of
Florida, said certified survey notes shall show sufficient ties
with the various street monument lines established by the CITY to
enable the said force main to be accurately located in plan, and
to show ground elevation and also show the elevation of the top of
the force main at each change of vertical direction, and the eleva-
tion and location of all existing underground utilities uncovered
during the construction of said force main; and
4. The OWNER shall assume all responsibility, hold the
CITY harmless forever and agree to pay for any damage or claim of
damage which may be against the CITY which results directly or
indirectly from the construction, operation, maintenance, repair
and/or removal of said sanitary sewer force main or any part
thereof, and in the event of damage to the force main, 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
5. The OWNER shall operate and maintain said force main
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 install and pay for such other con-
trolling devices as might be required by the Department of Public
Works of the CITY; and
6. The OWNER shall restore the streets to their original
condition, insofar as practical in the opinion of the CITY'S Director
of the Department of Public Works, and to furnish the CITY a 2-year
Maintenance Bond in the amount of $2,000 to guarantee the maintenance
and repair of any faults or excessively settled or sunken areas
that may develop in any area above the trench of said sanitary
sewer force main to the satisfaction of the Department of Public
Works; and
7. The OWNER shall disconnect said temporary sanitary
sewer force main, and reconnect the sanitary sewer outfall from
the apartment house to the new sanitary sewer system to be pro-
vided by the CITY to serve this property as a part of a future
sanitary sewer assessment district; and
8. The OWNER shall accept special assessments and pay
the proportionate part of the cost for the construction of a sani-
tary sewer improvement abutting this property, whenever the CITY
extends the sanitary sewer service in this area; and
9. The OWNER shall relocate, remove, extend or abandon
at its own cost and expense said sanitary sewer force main, when
and if the Director of the Department of Public Works determines
that this is necessary or advisable; and
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10. The OWNER shall obtain from all other governmental
agencies the required and necessary permits and approval for the
construction and connections of said sanitary sewer force main; and
11. The OWNER shall hold the CITY harmless from any
liability established by law arising out of the granting of this
COVENANT, and will defend or cause to be defended, any action brought
against the CITY in connection herewith; and the OWNER shall carry a
general comprehensive liability insurance policy, which will include
automobiles and independent contractors, in the amount of $100,000/
$300,000 bodily injury and $50,000 property damage. Said insurance
shall provide that the CITY be given at least thirty (30) days ad-
vance written notification of cancellation of any policies. The
above policy is to be such as will hold the CITY harmless from any
liability whatsoever arising out of the granting of this COVENANT
and said policy to be renewed from time to time to keep it in full
force and effect; and
12. The OWNER agrees that the right to use the CITY'S
avenues and streets herein designated for the construction, operation
and maintenance of said sanitary sewer force main shall not be assigna-
ble, in whole or in part, without the written consent and approval of
the CITY'S Director of the Department of Public Works.
It is expressly agreed that this instrument and obligation
shall be binding on the OWNER, its successors in interest or assigns,
and shall be a condition implied in any conveyance or other instru-
ment affecting the title to said property or any part thereof.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals the day and year first above set
forth.
WITNESSES:
--72"d;e, &,2441'o
STATE OF FLORIDA)
COUNTY OF DADE )
)119eio A. Viye jl
hj, t ? rC_ ev
'Silvia Viyella
(SEAL)
(SEAL)
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledge-
ments, JULIO A. VIYELLA and SILVIA VIYELLA, 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
fseely,,,fnd voluntarily for the purposes therein expressed.
.........
+► bathe t a>Q
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my hand and official seal at i`T/er• , County of
ate of Florida, this A day of -7.4.- c,rj. A. D., 1972.
iasiot Ex21ies:
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Ltoded Iti Am.siuo fin 6 Cents* Co.
Leo„ Instrument is Executed Pursuant to
Resolution No. 43162 Passed and Adopted,
January 20, 1972
APPROV:A' AS TO FORM AND CORRECTNESS APPROVED'
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SCRIPT
y Director,Dept. of Public W
This Instrument Prepared by
L , cu ryCharles R. Chevalier Jr.
Department of Public Works
City of Miami, Florida
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