HomeMy WebLinkAboutR-72-0051Au
3/10/72
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RESOLUTION NO. ,� _07/
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS
OF THE CITY OF MIAMI TO APPROVE, ACCEPT AND
RECORD IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, FUTURE COVENANTS TO RUN WITH THE
LAND RELATING TO THE CONSTRUCTION, INSTALLATION
AND MAINTENANCE OF TEMPORARY SANITARY SEWERS,
LATERALS OR FORCE MAINS,' USING THIS RESOLUTION
AS AUTHORITY, WITHOUT THE NECESSITY OF OBTAIN-
ING INDIVIDUAL RESOLUTIONS, SUBJECT TO CERTAIN
REQUIREMENTS.
WHEREAS, there remain several areas in the City for
which sanitary sewer service is not yet available and
property owners in these areas are not permitted to construct
certain types of residential or business buildings unless
they construct temporary sanitary sewers, laterals or force
mains from their property to an existing sewer; and
WHEREAS, where such property owner requests the City's
permission to construct a sanitary sewer, lateral or force
main from his property to an existing sanitary sewer or inter-
ceptor, he is required to file with the City a Covenant to
Run With the Land guaranteeing to maintain such installation,
to maintain certain insurance protecting the City, and to
abandon it and connect to a sanitary sewer when one becomes
available; and
WHEREAS, it is necessary to make such Covenants a matter
of Public Record in order that they may be binding upon the
current and all future owners of the property; and
WHEREAS, it is the present policy of the City Commission
that such Covenants to Run With the Land as
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have been
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investigated and approved by the proper City Department
and approved individually by the City Attorney, shall be
accepted by the City Commission in the form of a Resolution,
after which the Covenants to Run With the Land are recorded
in the Public Records of Dade County, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP
THE CITY OF MIAMI, FLORIDA:
Section 1. The proper officials of the City of Miami
be, and they are hereby authorized to accept and file in the
Public Records of Dade County, Florida, properly executed
Covenants to Run With the Land of the type attached hereto
and made a part hereof, relating to the construction, in-
stallation and maintenance of temporary sanitary sewers,
laterals, or force mains, provided such Covenants have each
been approved by the City Attorney, and further provided that
the plans for the proposed temporary sanitary sewer, lateral
or force main have been investigated and approved by the proper
City Department.
Section 2. In conjunction with the granting of author-
ization to the proper officials of the City of Miami, as
provided in Section 1 hereof, it is directed that in every
case involving a Covenant to Run With the Land, the following
shall be observed and complied with:
1. Each Covenant shall be approved specifically
by the Director of the Department of Public Works,
2. The City Attorney shall only approve the
Covenant as to form.
3. A11 costs of recording the Covenant shall
be borne by the property owner.
4. The Covenant shall be executed by the fee
simple title owner. An opinion of title shall be
furnished and those persons whose interests are
reflected in the opinion of title shall be required
to sign the Covenant.
Section 3. This Resolution shall be sufficient authority
for recording of Covenants to Run With the Land in the future,
after the requirements of Sections 1 and 2 hereof have been
complied with. The procedures as outlined in Sections 1 and
2 hereof are set forth to alleviate the necessity of obtaining
a resolution from the City Commission on each separate Covenant.
However, in the event an applicant cannot meet the requirements
of Section 2 hereof, he shall have the right to have such matter
submitted to the City Commission for their consideration.
PASSED AND ADOPTED this 4:day of / , 1972.
PREPARED AND APPROVED BY:
Harold Young,
APPROVED 71hORM A ' CO
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