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HomeMy WebLinkAboutR-72-0039RRT/f 1 3/30/72 RESOLUTION NO. 42 74.. , A RESOLUTION ACCEPTING A GRANT OF EASEMENT DATED MARCH 23, 1972, FROM LEATHA L. PRINCE, A WIDOW, FOR CONSTRUCTION OF SANITARY SEWER ALONG HER PROPERTY, LOCATED AT 4291 N. W. 12TH STREET, MIAMI, FLORIDA. WHEREAS, in order to proceed with certain construc- tion of a portion of the LeJeune Gardens Sanitary Sewer Improvement SR-5315, an easement is needed for the sewer Location; and WHEREAS, Mrs. Prince, a widow, has executed and de- livered to the City of Miami, a Grant of Easement for the required permanent sanitary sewer to be constructed and installed on a portion of her property, legal description of which is shown on said Easement; and WHEREAS, in attempting to obtain this easement from Mrs. Prince, we found that we could only acquire it by waiv- ing any assessment against her property for the construction of the sanitary sewer improvement. Upon further investigation, it would found that the appraised value of the land required for the easement was in excess of the estimated assessment for sanitary sewer construction; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the March 23, 1972 Grant of Easement executed by Leatha L. Prince, a widow, for the therein described land, be and the same is hereby accepted, copy of CITY Ge; . ne; ISNOW .... .... .T. r+ Y 3 co i 1 said Grant of Easement being attached hereto and by this reference made a part hereof. Section 2. That the proper officers of the City of Miami, be and they are hereby directed to file said Grant of Easement for record in the Public Records of Dade County, Florida. PASSED AND ADOPTED this 4170 day of 1972. PREPARED AND APPROVED BY: REVIEWED BY: c' Sack R. Rice, Assistant Dire R. Harris Turner Assistant City Attorney APPROVED'I AS TO F9RM AND ' OI RECTNES L_ Alan . Rothstein, C ty LOCATION: Nil' 12 STREET • EASE' AGNANT OF BASEMEN? FOAM tile. Ili Mitt W. 3 Ma PREP. 6Yt CHKO. BY: OBYO. 6Ys Grant .#f ttivntsut TO LAY AND MAINTAIN A SANITARY SEWER 04ih 3ttdruturr• Made ibis ,2 3Aer BETWEEN LEATHA L. PRINCE, a widow 4291 N.W. 12 Street Miami, Florida 33126 o/ the County o/ Dade day of G-(.l.�L� , A. D. 19 72. , in the State of Florida, part y TILE CITY OF MIAMI, A Municipal Corporation o/ the County of Dade, in the State o/ Florida. party of the second part. WITNESSETII. That said party of the first part, for and One Dollar (S1.00) and other good and valuable considerations, to her of the second part, the receipt whereof is hereby acknowledged, do es of the first part, and in consideration o/ the sum of in hand paid by said party hereby grant, give and convey to the party of the second part, its successors and assigns, forever, a permanent easement for the purpose o/ constructing, laying and maintaining a Sanitary Sewer through, over, across and under the surface of the following descried land, situated in The City of Miami, County of Dade and State of Florida. to• wit: The west ten (10) feet of Lot 15B, Block 1, of LE JEUNE GARDEN ESTATES AMENDED, accord- ing to the plat thereof, as recorded in Plat Book 40, at Page 85, of the Public Records of Dade County, Florida. All in accordance with Sketch No. Misc. 17-250 attached hereto and made a part hereof. IT IS UNDERSTOOD AND AGREED by and between the parties hereto that this easement is granted by the party of the first part upon the condition that THE CITY OF MIAMI, a muni- cipal corporation of the State of Florida, will waive payment by the party of the first part, of the assessment for sanitary sewer for said Lot 15B. APPROVED AS TO FORM AND CORRECTNESS APPROVED AS T0' ES.CRIPTION'. �1 • City Attorney `Director, Dept. of Publid Works This Instrument Prepared By Ernest C. Geiger Department of Public. Works City of Miami, Florida 2-7?:. T d ,c /0veLey • PROiPDSSD AY t s'`� '� S�� S Ck 1 (L 3185i p,�0p SE 15B , ids LE r03. r,�g..5315 �E;�S SA�xTOY sE�R IZ``�'�OV� LE 3��E G F MV,�Y s GI 07 VS L1£ �IORK County o/ ,Dade J .. day of �i/ / / 1, My commission expires: .. . ^' : t In^GE ...•..... ._ ..1(i.11$ IT IS IINDGRS OOD AND AGR13GD by and between the parties.hereio that TUB CITY OP MIAMI, e stunieipal Corporation, agrees that the snfdSanitary Sewer to be eonstroeted under the property hereby given /or such tight, shall -always •be maintained so as not to• be or become a nuisance. SHOULD the above easement be abandoned or discontinued by operation of law or otherwise, the said easement shall cease and revert to the Grantor herein, her heirs or assigns. IN WITNESS WHEREOF, the said party o/ the first part hereunto set s her band and seal the day and year above written. Signed, sealed and delivered in presence o/ us: / • ,C- .://c. ziaie of :Florida. (Zountg of Dade .'.4.t•G+''t. O- _�.! / �L t • -2, C - • } } f - 2 LEATFIA L. PRINCE (Seal) (Seal) 3iirrrbli &Mfg that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments. LEATHA L. PRINCE, a widow to me well known to be the person described in and who executed the foregoing deed, and acknowledged before me that she executed the same freely and voluntarily for the purpose therein expressed. Wi2llrse my hand and official seal as Miami and State o/ Florida , A.D. 1972 • . this ) / �• 1. C.: (, . Notary Public, State of Florida. The attached deed.of dedication or conveyance was accepted and approved this day of , A.D. 19 by Resolution No. , passed and adopted by the Commission of The City of Miami, Florida. (SEAL) Attest: City Manager .City Clerk "SIIPPORTIVE:DOCUMENT tt