HomeMy WebLinkAboutR-72-0098it r
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RESOLUTION NO. 72— ?IP
A RESOLUTION ACCEPTING THE COVENANT RUNNING
WITH THE LAND DATED MARCH 13, 1972, FROM
BARRY BARSON, WALTER B. TRAURIG AND LEONARD
TRAURIG, RELATING TO CERTAIN PAVING IN AN
ALLEY SOUTH OF SOUTH DIXIE HIGHWAY LYING
BETWEEN S.W. 23RD AND 24TH AVENUES, AND
DIRECTING THAT SAID COVENANT BE RECORDED IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, the owners of Lots 11 through 15, Block 44,
SILVER BLUFF ESTATES SECTION "C", Plat Book 10, Page 65,
are Barry Barson, Walter B. Traurig and Leonard Traurig, and
they are constructing a business building thereon; and
WHEREAS, in order to make full use of their parking area,
they wish to pave a portion of the unopened alley abutting
their property, ingress and egress to said parking area being
made from South Dixie Highway; and
WHEREAS, in consideration of the Building Permit which
has been issued covering the construction of the building,
parking area and paving of a portion of the alley, the owners
have executed and delivered to the City a Covenant Running with
the Land guaranteeing to remove any and all improvements which
shall inhibit the free access on said alley upon demand of the
City, and it is now in order for the City to formally accept
said
Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the March 13, 1972 Covenant Running With
the Land executed by Barry Barson, Walter B. Traurig and
Leonard Traurig relating to certain paving in an alley, as
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RESOLUTION ne.,7 2. _
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described in said Covenant, be and the same is hereby accepted,
a copy of said Covenant being attached hereto and by reference
made a part hereof.
Section 2. That the proper officials of the City of Miami
be and they are hereby directed to record the aforesaid Covenant
in the Public Records of Dade County, Florida.
PASSED AND ADOPTED this? O day of , 1972.
PREPARED AND APPROVED BY:
eR. ar i Turne , st. City Attorney
REVIEWED BY:
1111► _,
ac Rice, Assistant D•7 for
APPpOV, D AS,
man H.
TNESS:
othstLin, City A •rney
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AO/ L1f.OFfi lull. imam. c•:c.:,, . .
COVENANT RUNNING • v TTT-r LAN:. •
.SOW ALL MEN BY THESE ?RESENTS:
• WHEREAS, the undersigned Covenantors, BARRY BAlSON, WAL, Est
3, . T RAURIG and LEONARD TRAURIG, are the owners of the following .:es:. Ge:i
property, lying, being and situate in Dade County, Florida, to --wit:
Lots 11, 12, 13, 14 and 15, in Blo.►c 44, SILVER BLUFF ::STATES,
SECTION "C", according to the plat thereof, as recorded in Pia:
Book 10, at Page 65, of the Public Records of Dade County, F iorici_
and
WHEREAS, --pursuant to the Plat of SILVER BLUFF ESTATES, C T iO
"C", dated January 12, 1925 and filed for record on January 30, 1925 In Plat
Book. 10, a: Page 65 of the Public Records o Dade County, Florid•- , a certain
Alley running adjacent to and south of the property above -described was dedicated
to the use of and enjoyment of the owner or owners of the respective :o::s acent
thereto, subject, however, to the use of said alley by the Miami Sank .:....: ust
Company, as Trustee, or by any city, municipality or public service ccr ; o_ acion
for pipe lines, sewers, water, teizphone, gas, electric wires, or- such other use
as may be deemed for the best interest of the owners of property as a whole in
said sub -division; and
WHEREAS, the said Covenantors have applied to the City of vii .r. i Building
and Zoning Department for the issuance of a building permit co allow :he.. to
commence construction upon the above -described property, and in adc..i. ..hereto,
upon a portion of the alley :heretofore deaicated to the perpetual use a::L
of the adjacent property owners; aaci
WHEREAS, the aforesaid City of Miami Building and Zonin
as well as. the City of Miami Department of Public Works, have :: ec;: the:
Covenantors execute and deliver this instrument'as a condi: on pre,
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issuance of a building permit;
NOW, TH3REl=OTlE, .in consideration of the issuance by the City of
Miami Building and Zoning Department of a building permit to allow the co nstrucw
tion of certain improvements upon the above -described property, and in further
consideration of the premises, the above -named Covenantors, joined by their
respective wives, do hereby covenant and agree with the City of Miami that at
such time as the alley situate adjacent to and to the south of the above-d.:scri''zed ,
property shall be opened and paved for public access, the said Covenantors shall
upon demand of the City of Miami, forthwith -take such steps as shall be necessary
to remove any and all 2sX ycoaxaxx ax improvements which shall inhibit the free
access on said alley; that these conditions, restrictions and limitations shall be
deemed a covenant running with the land aa:d shall be and remain in full force
and effect and shall be binding upon the undersigned, their grantees, heirs,
executors, administrators, personal representatives, and assigns, until such
time as these conditions shall be released by the City of Miami B:.ildino an..
Zoning Department or its successors:
IN WITNESS WHEREOF, the Covenantors and their respective :nave
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hereunto executed this instrument and affixed their.. seals this � . d4y March,,
1972.
Sig ne.:, sealed and delivered
in the presence of:
As co Barry Barson
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As to Janice IS -arson
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AS to YYtiT a1t r B. lrau:ig
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AEI to Leonard 'Pnurig
AS to` Claudette iraurig
STATE OF FLORIDA )
) es:
COUNTY OF DADE ' )
I HEREBY CERTIFY that on this day, before me, an officer duly qualified
to take acknowledgments, personally appeared BARRY BARSON and JANICE
BARSON, his wife, WALTER B. TRAURIG and LEONA TRAURIG, his wife, and
LEONARD TRAURIG and CLAUDETTE TRAURIG, his wife, to me known. to be
the persons described in and who executed the foregoing instrument and t . y
acknowledged before me that they executed the same for the uses and purposes
therein expressed.
WITNESS my hand and official seal, at Miami, Dade County, Fio: da,
this /!3 day of March, 1972.
This Instrument Executed
Pursuant to Resolution No.
Passed and Adopted
APPROVED AS TO FORM AND CORRECTNESS
c ty AtAtoriloy
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TO:
722.-/S
NOTARY : UBL10,State of . , fay.
My commission expires:
APPROVED AS TO ,PS9I.PIOX
,)ircccor, vepartnicnr. of
Works
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