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HomeMy WebLinkAboutR-43254L CITY MO GER-MIAM! PM 4: 3 6 1/27/72 RESOLUTION NO. A RESOLUTION APPROVING A PARTIAL RELEASE EXECUTED NOVEMBER 16, 1971, BY JEFFERSON REALTY OF BISCAYNE, INC. AND RAILWAY CLERKS TITLE HOLDING COMPANY OF CERTAIN REAL PROPERTY DESCRIBED IN PARCEL B OF EXHIBIT "A" OF THAT CERTAIN COVENANT RUNNING WITH THE LAND EXECUTED BY JEFFER- SON REALTY OF BISCAYNE, INC. ON MARCH 10, 1966, AND RECORDED UNDER CLERK'S FILE NO. 66R-40591; APPROVING A COVENANT RUNNING WITH THE LAND DATED JANUARY 27, 1972, EXECUTED BY CENTRAL NATIONAL BANK OF MIAMI SUBSTITUTING CERTAIN REAL PROPERTY FOR THAT CERTAIN REAL PROPERTY PARTIALLY RELEASED; DIRECTING THAT THE DOCUMENTS STATND HEREIN BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AT THE EXPENSE OF THE MAKERS OF SAID DOCUMENTS; AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF MIAMI A PARTIAL RELEASE OF COVENANT PERTAINING TO A COVEN- ANT GIVEN TO THE CITY OF MIAMI BY JEFFERSON REALTY OF BISCAYNE, INC. ON MARCH 10, 1966, SAID PARTIAL RELEASE TO APPLY ONLY TO LOT 6, AMENDED PLAT OF NELSON VILLA SUBDIVISION AND LOT 23, BISCAYNE PARK ADDITION, A COPY OF SAID PARTIAL RELEASE OF COVENANT BEING ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, on March 10, 1966, JEFFERSON REALTY OF BISCAYNE, INC., executed a Covenant Running With The Land to the City of Miami covering certain real property described as Parcel A and Parcel B and attached to said Covenant as Exhibit "A" and which was recorded for record in Dade County, Florida on March 11, 1966 under Clerk's File No. 66R-40591; and WHEREAS, on November 16, 1971, JEFFERSON REALTY OF BIS- CAYNE, INC. and RAILWAY CLERKS TITLE HOLDING COMPANY executed 1, ROOM ............t,.w. a Partial Release to the City of Miami, releasing Lot 6, AMENDED PLAT OF NELSON VILLA SUBDIVISION, Plat Book 4, Page 81 and Lot 23, BISCAYNE PARK ADDITION, Plat Book 2, Page 24, from the Covenant Running With The Land as herein - above described; and WHEREAS, on January 27, 1972, the CENTRAL NATIONAL BANK OF MIAMI executed a Covenant Running With The Land to the City of Miami substituting Lots 20 and 21 of BISCAYNE PARK ADDITION, Plat Book 2, Page 24 of the Public Records of Dade County, Florida for Lot 6 and Lot 23 heretofore des- cribed; and WHEREAS, the City Manager and Director, Building Depart- ment recommend that the documents reflecting the Partial Release and substitution of real property be approved as it results in an increase of ten (10) off-street parking spaces. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Partial Release executed November 16, 1971, by JEFFERSON REALTY OF BISCAYNE, INC., and RAILWAY CLERKS TITLE HOLDING COMPANY of Lot 6 of the AMENDED PLAT OF NELSON VILLA SUBDIVISION, Plat Book 4, Page 81 and Lot 23 of BISCAYNE PARK ADDITION, Plat Book 2, Page 24, both of the Public Records of Dade County, Florida, and both described in Parcel B of Exhibit "A" of that certain Covenant Running With The Land executed by JEFFERSON REALTY OF BISCAYNE, INC. on March 10, 1966 to the City of Miami, and recorded under Clerk's File No. 66R-40591, be and the same is hereby, approved. Section 2. The Covenant Running With The Land dated January 27, 1972, executed by CENTRAL NATIONAL BANK OF MIAMI, substituting Lots 20 and 21 of BISCAYNE PARK ADDITION, Plat Book 2, Page 24, of the Public Records of Dade County, Florida, for Lot 6 and Lot 23 hereinabove described, be and the same is hereby, approved. Section 3. The City Property Manager is hereby author- ized and directed to record the Partial Release and Covenant Running With The Land in the records of Dade County at the expense of the makers thereof. Section 4. The City Manager and City Clerk are hereby authorized and directed to execute on behalf of the City of Miami, a Partial Release of Covenant pertaining to a covenant given to the City of Miami by JEFFERSON REALTY OF BISCAYNE, INC. on March 10, 1966, said Partial Release to apply only to Lot 6 of AMENDED PLAT OF NELSON VILLA SUBDIVISION, Plat Book 4, Page 81 and Lot 23 of BISCAYNE PARK ADDITION, Plat Book 2, Page 24, both of the Public Records of Dade County, Florida, a copy of said Partial Release of Covenant being attached hereto and made a part hereof. PASSED AND ADOPTED this %7 day of "64.e7, 7 1972. PREPARED AND APPROVED BY: AAA - Harold Young Special Counsel REVIEWED BY: = Jack R. Rice, Jr. Assistant Director APPROVED AS TO FO' ' CORRECTNESS: Alan H. Rothstein City Attorney 72R 9045 '72 FEET 22 ;'ii I c Th78 958 COVENANT RUNNING WITH THE LAND 19/ WHEREAS, JEFFERSON REALTY OF BISCAYNE, INC., a Florida corporation, executed a Covenant Running with the Land, recorded March 11, 1966, under Clerk's File No. 66R-40591, Public Records of Dade County, Florida, wherein Exhibit "A" attached thereto set forth several parcels of property including Lot 6, Amended Plat of Nelson Villa Subdivision, Plat Book 4, Page 81 and Lot 23, Biscayne Park Addition, Plat Book 2, Page 24, both Plats recorded among the Public Records of Dade County, Florida; and WHEREAS, the City of Miami has approved substitution of Lots 20 and 21, Biscayne Park Addition, Plat Book 2, Page 24, Public Records of Dade County, Florida, in place of the lots described above so that the above -described lots are released from the effect of the above -mentioned instrument recorded under Clerk's File No. 66R-40591; and WHEREAS, CENTRAL NATIONAL BANK OF MIAMI, formerly known as DADE NATIONAL BANK OF MIAMI, is the present owner of Lots 20 and 21, Biscayne Park Addition, Plat Book 2, Page 24, Public Records of Dade County, Florida. NOW, THEREFORE, in consideration of JEFFERSON REALTY OF BISCAYNE, INC., RAILWAY CLERK'S TITLE HOLDING COMPANY, and THE CITY OF MIAMI releasing Lot 6, Amended Plat of Nelson Villa Sub- division, Plat Book 4, Page 81, and Lot 23, Biscayne Park Addition, Plat Book 2, Page 24, both Plats recorded among the Public Records of Dade County, Florida, from the aforesaid Covenant Running with the Land, CENTRAL NATIONAL BANK OF MIAMI herewith makes the follow- ing Agreement as a Covenant to Run with the Land: That a perpetual easement for parking facilities upon the following described property will hereinafter be designated as a portion of Parcel B, the balance of that certain real property as described in Parcel B of Exhibit "A" attached to the Covenant Running with the Land, dated March 10, 1966, and recorded under Clerk's File No. 66R-40591 to remain in full force and effect: Lots 20 and 21, of Biscayne Park Addition, according to the Plat thereof, recorded in Plat Book 2, at Page 24,of the Public Records of Dade County, Florida, and is hereby granted in favor of the present and future owners of the real property described and designated as Parcel A of Exhibit "A" attached to the Covenant Running.with the Land, dated March 10, 1966, and recorded under Clerk's File No. 66R-40591. This easement shall run with the land and be binding upon all future owners of Parcel B in its entirety as substituted herein. IN WITNESS WHEREOF, the undersigned have caused these presents to be signed by its duly authorized officers and have affixed the 5P105MillitroPnent Was Prepared By: MICHAEL C. SLOTNICK allot, Poppell, Goodman, & Shapo 21104• 14A I. duPont Bldg. Miami, Fla. 33131 V.Pol .c031te seal by order of the Board of Directors of the under- $,gt,ajcaiporation this „�'7 day of January, 1972. ...NON ►li j �' f ti4 By,- ,�t t-'X . Att CENTRAL NATIONAL BANK OF MIAMI WALTFR B. FRIES, President PHILIP A. LO, CASHIER (corporate seal) //e Signed, sealed and delivered in the pres-,. e• STATE OF FLORIDA) COUNTY OF DADE ) SS: I HEREBY CERTIFY that on this ?7 day of January, 1972, before me personally appeared Walter B. Fries and Philip A. Lohr, President and Cashier, respectively, of CENTRAL NATIONAL BANK OF MIAMI, a corporation under the laws of the United States of America, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execu- tion thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami, in the County of Dade, State of Florida, the day and year last aforesaid. ,r. nId# 3,ai y,sion expires: �rrrllftiN�� I zI LIC, o t NO of Florida at Large 2 - Nr M vomit ME00OS Nit N Mr[ oouMrv. ao0104 NMI Mt 11. B LEA Mt a s4:J rr "IF 445 0154 PAR IA L RE LEASE WHEREAS, JEFFERSON REALTY OF BISCAYNE, INC., a Florida corporation. executed a Covenant Running with the Land. recorded March 11, 1966, under Clerk's File No. 66R-40591, Public Records of Dade County, Florida. wherein Exhibit "A" attached thereto set forth several parcels of property including Lot 6, Amended Plat of Nelson Villa Subdivision, Plat Book 4. Page 81 and Lot 23, Biscayne Park Addition, Plat Book 2. Page 24, both Plate recorded among the Public Records of Dade County, Florida; and, WHEREAS, the City of Miami has approved substitution . of Lots 20 and 21, Biscayne Park Addition, Plat Book 2, Page 24, Public Records of Dade County. Florida, in place of the lots described above so that the above described lots are released from the effect of the above -mentioned instrument recorded under Clerk's File No. 66R•40591; and WHEREAS, JEFFERSON REALTY OF BISCAYNE, INC. and RAILWAY CLERKS TITLE HOLDING COMPANY have been requested to execute an instrument releasing Lot 6. Amended Plat of Nelson Villa Subdivision. Plat Book 4. Page 81'and Lot 23, Biscayne Park Addition, Plat Book 2, Page 24. both Plats recorded in Dade County, Florida, from the instrument recorded under Clerk's File No. 66R-40591. NOW THEREFORE. in consideration of the sum of Ten ($10.00) Dollars and Other Good and Valuable Considerations. paid to RAILWAY CLERKS : TITLE HOLDING COMPANY and JEFFERSON REALTY OF BISCAYNE, INC., the undersigned hereby state . as follows: . e 1) That JEFFERSON REALTY OF BISCAYNE, INC.. a Florida corporation, being the former fee simple owner of Lot 6. Amended Plat of Nelson Villa Subdivision, Plat Book 4, Page 81 and Lot 23. Biscayne Park Addition. Plat Book 2. Page 24, both Plats recorded in Dade County. Florida, and RAILWAY CLERKS TITLE HOLDING COMPANY, a Florida corporation, being the current fee simple owner of the aforementioned real property. situated in Dade County. Florida. do hereby release all right. title and interest which they may have by virtue of that certain instrument recorded under Clerk's File No. 66R-40591. Public Records of Dade County, Florida. IN W!TN'ESS WHEREOF, the undersigned has caused these presents to be signed by its duly authorized officers and has affixed the respective corporate seal by order of the Board of Directors of the 1. This Instrument Was Prepared P M1CHAEl. C. SLOTP ICe. Pallet, Poppet!, Goc n an i Shape 1504.14 A. I. duPont Bads, Miami, Fla. 33131 3.. LAW OFFICES, PAU.OT, POPPE6l. NORWICH 6 GOODMAN 11 S. �`'re pective corporations, this. /6/ day of (CORPORATE SEAL) JEFFERSON REALTY OF BISCAYNE, INC. Secretary Signed. sealed and delivered in they presence of: (CORPORATE SEAL) 1971. 1 " - (SEAL) President RAILWAY CLERKS TITLE HOLDING COMPANY _------ By � � (SEAL) Secretary President Signed. sealed and delivered in ; = presence of: //fAr.CF4 ((` , _4;Arae c STATE OF FLORIDA ) • SS. COUNTY OF DADE ) I HEREBY CERTIFY that on this 13th day of December A.D. 1971, before me personally appeared • and Julius Mufson and Milton Maronek President and Secretary respectively of JEFFERSON REALTY OF BISCAYNE. INC.. a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally dcknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Miami. in the County of Dade and State of Florida the day and year last aforgsaid. My Commission expires; Notary Public, tate o Florida at Large �'lfc,State orFtorlda a. � "SUPPORTIVE DOCUMENT1i !► + My commission expires May . T0:2-virt A1NOFFICIMPALWI. PQPm110RW CK a iool$AM 1 a4 MAMA 1. DuPolll' 1UikD$KR, IAMB FYARIDA sow • STATE OF FLORIDA ) COUNTY OF DADE I HEREBY CERTIFY that on this A.D. 1971, before me per 1 � _ and �-�„ 1LL12 7/� �71wliL�=7t� President and Secretary respectively of RAILW.Q CLERKS TITLE HOLDING COMPANY. a corporation under the laws of the State of Florida. to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation. and that the said instrument is the act and deed of said corporation. onaappeared WITNESS my signature and off to seal at Miami. in the County of Dade and State of Florida the • y a year last aforesaid. / N y Public, Sta e of F 'rida at Large My Commission expires: NOTARY PUBLIC, STATE of FLOP.1DALARRG E MY COM!AISSIOii EXPIRES P1111. 11 .3. 'SUN' OP, Ii I DOCUMENT WI OFFICER, #AL;+DT. FOPflU, HORWICH & GOODMAN .:150414 ALFR O 1. DUPONT YUILDINS. MIAM , FLORIDA iaiii NO. • COV a'NANTS RUNNING ,WITH THE LAND Filed March 11, 1966 Recorded in Official Records Book page Clerk'a File No. 66R-40591 (instrument attached hereto)