HomeMy WebLinkAboutR-43293_M
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2/23/72
RESOLUTION NO. #'92 9
A RESOLUTION ACCEPTING THE COVENANT TO
RUN WITH THE LAND DATED FEBRUARY 17, 1972
FROM ROSCOE 0. PAULEY AND PEARL A. PAULEY
RELATING TO THE CONSTRUCTION OF A TEMPORARY
SANITARY SEWER FORCE MAIN; AND AUTHORIZING
ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION.
WHEREAS, ROSCOE O. PAULEY and PEARL A. PAULEY own the
property at 4700 N. W. 7 Street and propose to construct
thereon a Gasoline Service Station; and
WHEREAS, in order to operate a filling station, sanitary
sewer service must be provided and in order to do so the owner
has requested permission to construct a temporary sanitary
sewer force main from the aforementioned property to the City's
54-inch sanitary sewer interceptor force main at N. W.47 Avenue
and N. W. 7 Street; and
WHEREAS, in connection with the request for permission to
construct the temporary force main, ROSCOE O. PAULEY and PEARL
A. PAULEY executed and filed with the City a Covenant To Run
With The Land containing all the customary protections for the
City including 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. The Covenant To Run With The Land dated
February 17, 1972, executed by ROSCOE O. PAULEY and PEARL A.
PAULEY relating to the construction of a temporary sanitary
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ITEM NO. 7 _ t�
_141
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sewer force main from their property at 4700 N. W. 7 Street
to the City's 54-inch sanitary sewer interceptor force main
at N. W. 47 Avenue and N. W. 7 Street, copy of said Covenant
being attached hereto and by this reference made a part
hereof, be, and the same is hereby, accepted.
Section 2. The proper officials of the City of Miami
be, and they 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 day of4/7
1972.
PREPARED AND APPROVED BY:
Harold Young
Special Counse
REVIEWED BY:
Jack R. Rice, Jr.
Assistant Director
APPROVED AS TO
Alan H. Rothstein
City Attorney
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eORRECTNBSS:
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COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 17th day of February
A.D., 1972, by and between ROSCOE 0. PAULEY, Individually and as Trustee,
joined by his wife, PEARL A. PAULEY, parties of the first part and here-
inafter called OWNER, and THE CITY OF MIAMI, a municipal corporation of
the State of Florida, in the County of Dade, party of the second part,
hereinafter called CITY:
WITNESSETH:
THAT WHEREAS, ROSCOE 0. PAULEY, Individually and as Trustee, joined
by his wife, PEARL A. PAULEY, are the fee owners of the following des-
cribed parcel of land, to wit:
A portion of the Northeast 1/4 of Section 6, Township 54
South, Range 41 East, City of Miami, Dade County, Florida,
being more particularly described as follows:
Commence at the Northeast corner of the aforesaid Section
6; thence South 88 Degrees 45 minutes 15 seconds West along
the North line of said Section 6 for 51.10 feet; thence
South 1 degree 14 minutes 45 seconds East at right angles
to the last described course for 35 feet to the Point of
Beginning of the parcel of land hereinafter described;
thence South 88 degrees 45 minutes 15 seconds West along
the South Right -of -Way line of N.W. 7th Street as shown
on STATE OF FLORIDA, STATE ROAD DEPARTMENT RIGHT-OF-WAY
MAP, recorded in Plat Book 73 at Page 96 of the Public
Records of Dade County, Florida, for 184.71 feet; thence
South parallel with the East line of said Section 6 for
118.95 feet; thence North 88 degrees 48 minutes 40 seconds
East along the North line of JAY BOB SUBDIVISION PART NO. 2
as recorded in Plat Book 62 at Page 69 of the Public Records
of Dade County, Florida for 200.04 feet; thence North along
the West Right -of -Way line of N.W. 47th Avenue, said line
being parallel with and 35 feet West of the said East line
of Section 6 for 103.82 feet to a Point of Curvature; thence
Northwesterly along a circular curve to the left having a
radius of 15.00 feet and a central angle of 91 degrees 14
minutes 45 seconds for an arc distance of 23.89 feet to the
Point of Beginning.
WHEREAS, the OWNER proposes to construct a Gasoline Service Station
at 4700 N.W. 7 Street, and requested from the City a permit to construct,
operate and maintain a 4-inch temporary sanitary sewer force main to pro-
vide the aforesaid Gasoline Service Station with sanitary sewer service,
all the appurtenances under the surface of certain streets and avenues in
the City of Miami as hereinafter designated and connect to a 54-inch sani-
tary sewer interceptor force main of 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 Gasoline
Service Station will flow through said force main and be discharged into
the sanitary sewer interceptor force main of the Department of Water and
Sewers at N.W. 47 Avenue and N.W. 7 Street.
NOW, THEREFORE, in consideration of the premises and benefit 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 includes 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, in-
cluding the installation of necessary pipes and appurtenances under the
q3 ,31,
surface, and/or along the following specified route:
From the east side of the OWNERS property to the west
side of N.W. 47 Avenue, thence north across N.W. 7
Street to the point of connection approximately 275.
feet north of the center line of N.W. 7 Street.
2. The OWNER shall submit to the Department of Public Works plans
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 Pro-
fessional Engineer, registered in the State of Florida; and
3. The OWNER shall submit to the Department of Public Works certi-
fied survey notes of initial staking and final measurements, 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
elevation 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 construc-
tion, 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 controlling 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 Depart-
ment of Public Works, and to furnish the CITY a 2-year Maintenance Bond in
the amount of $1,000 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 Gasoline Service
Station to the new sanitary sewer system to be provided by the CITY to
serve this property as a part of a future sanitary sewer assessment district,
and upon written request of the OWNER, the CITY will by Resolution and In-
strument release the said Covenant to Run With The Land which has been
signed and executed by the OWNER; and
8. The OWNER shall accept special assessments and pay the proportion-
ate part of the cost for the construction of a sanitary sewer improvement
abutting this property, whenever the CITY extends the sanitary sewer ser-
vice 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
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 estab-
lished by law arising out of the granting of this COVENANT, and will defend
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or cause to be defended, any action brought against the CITY in connection
herewith; and the OWNER shall carry a general comprehensive liability in-
surance policy, which will include automobiles and independent contractors,
in the amount of $100,000/$300,000 bodily injury and $50,000 property dam-
age. Said insurance shall provide that the CITY be given at least thirty
(30) days advance 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 assignable, 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 instrument affecting the
title to said property or any part thereof.
IN WITNESS WHEREOF, the OWNER has caused these presents to be executed
and signed in its name by its proper officers, and its corporate seal to be
affixed hereto and attested to by its Secretary the day and year first above
set forth.
Signed, sealed and delivered
in the Presence of:
STATE OF FLORIDA )
COUNTY OF DADE )
ROSCOE 0. PAULEY, Individually and
as Trustee and Joined by his wife
PEARL A. PAULEY
k)
RCOE 0. PAULEY
PEARL A. PAULEY
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I HEREBY CERTIFY that on this day personally appeared before me, an
officer duly authorized to administer oaths and take acknowledgements,
ROSCOE 0. PAULEY, Individually and as Trustee, joined by his wife PEARL A.
PAULEY, 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 freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal at Miami, County of Dade and State
of Florida, this 17th day of February,A.D., 1972.
My Commission Expires:
Notary Public, State of Florida at Lew
My Commission Expires May 6,1972
This Instrument is Executed
Pursuant to Resolution No. 43293
Passed and Adopted March 2, 1972
A/i_4L-1AA ( !'1.8 t ► /�►.
Notary l'ublic
D AS TO FORM AND CORRECTNESS APPROVED -AS TO
Director, Dept. o
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
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