Res No 100-78-3727I
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Or ^10265 rsE308
1979 JAN 10 PM *30
79R
RESOLUTION NO.100-78-3727
*
A RESOLUTION OF THE CITY OF SOUTH MIAMI,
FLORIDA,WAIVING OFF-SITE CURBS,GUTTERS
AND RIGHT-OF-WAY PAVING AS TO CERTAIN
DESCRIBED PROPERTY LOCATED AT 5712
SOUTHWEST 77TH TERRACE,SOUTH MIAMI,
FLORIDA,CONDITIONED THAT THE AGREEMENT
AND COVENANT RUNNING WITH THE LAND ATTACHED
TO THIS RESOLUTION IS EXECUTED BY THE OWNER,
JOHN L.EAKINS,A SINGLE MAN,AND OTHER
LIENORS,WHICH AGREEMENT AND COVENANT
RUNNING WITH THE LAND THE CITY MANAGER IS
AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY,
AND WHICH AGREEMENT PROVIDES FOR CERTAIN
LIENS,SPECIAL ASSESSMENTS,COVENANTS RUNNING
WITH THE LAND,AND OTHER TERMS AND CONDITIONS,
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the request of John L.Eakins,
asingleman,towaivetheinstallationof off-site curbs,
gutters and right-of-way pavinginfrontofthesubject property
located at 5712 Southwest 77th Terrace,South Miami,Florida,
and legally described as:
The West 70 feet of the East 150.3 feet of
Lot 1,in Block 4,of FAIRGLADE PARK,
accordingtothePlat thereof,recordedin
Plat Book 45,atPage80,ofthe Public
Records of Dade County,Florida,
be,and the same is hereby granted subject tothe terms and
conditions of,and provided John L.Eakins,a single man,and
all other persons having an interest in and to the above described
property execute the Agreement and Covenant Running with the
Land,copy of which is attached to this Resolution.
Section 2.TheCityManagerbe,andheishereby
authorized to execute theabove mentioned Agreement on behalf
of the City.
PASSED and ADOPTED this7thdayof November ,1978.
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APPROVED:
ftf*0R*eD WOFFICIAL RECORDS MO*
Of DADE COUNTY.FLORIDA.
RECOKO VERIFIED
RICHARD P.BJUNKER,
CLERK CIRCUIT COURT j.fi
f ,1979 JAN 10 PM3:J
SI 0265*2309 79R 9856
AGREEMENT AND COVENANT RUNNING WITH THE LAND
WHEREAS,JOHN L.EAKINS,a single man,hereinafter
referredtoas "Owner",istheOwnerofthefollowingreal
property located intheCityof South Miami,Dade County,
Florida,to-wit:
The West 70 feet of the East 150.3 feet of
Lot 1,in Block 4,of FAIRGLADE PARK,
according to the Plat thereof,recorded in
Plat Book 45,Page 80,of the Public Records
of Dade County,Florida,
hereinafter referred toas "Property",and
WHEREAS,the Owner has requested the City of South
Miamito waive the requirement of constructing off-site curbs,
gutters and right-of-way paving at this time.
NOW,THEREFORE,in consideration of Ten Dollars
($10.00)and other good and valuable considerations,the receipt
and sufficiency of which the parties hereby acknowledge,the
parties agree as follows:
1.The requirement of constructing off-site curbs,
gutters and right-of-way paving in front of the above mentioned
property located at 5712 Southwest 77th Terrace,South Miami,
Florida,is hereby waived until such time as the City of South
jtfiami requests thatthe items be constructed.
2.In the event the Owner,or his heirs and assigns,
fails to construct the off-site curbs,gutters and right-of-way
paving when requested todosobythe City for any reason
whatsoever,after having been given fifteen (15)days notice
by certified mail todoso,then,and in that event,the City
shall have the right to make such improvement upon said property
described in this Agreement,and the cost therefor shall constitute
a special assessment and lien upon the above described property,
subordinate only to governmental real estate taxes,and the
assessment and collection of said lien shall be made in accordance
)
HA^vaMa Cit^Attorney
SI 0265*2310
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with the law,including but not limited to the terms and
conditions of Chapters 170 and 173 F.S.A.,said special assessment
and lien,and the collection thereof,to be together with interest
at six percent (6%)per annum,and reasonable attorney's fees.
3.All work,isntallations,and/or improvements to
be made by the Owner shall beat the sole direction of the City
and at the sole cost of the Owner and at no cost to the City.
4.Covenants,agreements and undertakings of the
Owner herein contained shall be and constitute covenants running
with the land,and same shall be binding on the Owner and his
heirs and assigns in ownership of the above described property,
and those persons who consent thereto.
5.The Owner shall supply the City with an Opinion
of Title showing ownership ofthe aforedescribed property tobe
in the Owner,and naming all mortgagees,lienors,lessees and
other parties of interest,said Opinion of Title tobeina form
approved by the City Attorney of the City.
6.This Agreement shall be effective only ifall
mortgagees,lienors,lessees and other parties of interest shall
consent to the terms and conditions of this Agreement and
Covenant Running with the Land.
7.This Agreement and Covenant Running with the Land
shall be recorded at the expense of the Owner forthwith.
IN WITNESS WHEREOF,the parties have hereunto affixed
their hands and seals this jx day of fJ^yf4i/j^/\,1978.
Attest:
aHUeM.JflL
City Clerk
Approved as to Form:
sence of:
&j2*o^
-2-
OWNER:
JOHfcKL.EAKINS
CITY OF SOUTH MI
^10265,12311
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
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I HEREBY CERTIFY that on this day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments,JOHN L.EAKINS,a single man,to me well
known and known to me to be the individual described in and who
executed the foregoing isntruments,and he acknowledged before
me that he executed the same freely and voluntarily for the
purposes therein expressed.
aff
IN WITNESS WHEREOF,I have hereunto set my hand and .
topped my official seal at Miami,said County and State,this
}fy day of /Lu*9~4es\,1978.,.>~.
NbTAfcY PUBLIC STATE OF FLORIDA AX LARGi
MY COMMISSION EXPIRES JAK 8 lMfl
BONDED THRU GENERAL WS.UNDERWWTHKf
My commission expires:
STATE OF FLORIDA )
)SS:
COUNTY OF DADE
Not,
at L
ate of Florida
I HEREBY CERTIFY that on this day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments,JACK PRESENT and AMIE GLAZER,City Manager
and City Clerk of the City of South Miami,to me well known and
known to me to be the individuals described in and who executed
the foregoing instrument,and they acknowledged before me that
they executed the same freely and voluntarily for the purposes
therein expressed.
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal at Miami,said County and State,this
3.1 *~day of pj^z^JxJ^^,1978.
w/
Notary Public,State of Florida
at Large-*^;;:--v^-Hi -a-•?.•;*.
My commission expires:
NOTARY PUBLIC STATE Of FLORIDA AT LARGE
m COMMISSION WIRES MAR.|7 1901
•ONPfl)THRU GNftAL IKS.UNDBWtlfERS
RECORDED IN OFFICIM.RECORDS BO*
OF DADE COUNTY,FLORIDA.
record verified
IUCHARDP.BRINKERi
CLERK CIRCUIT GeWt
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ys^w^VHC*,'9^9 JAN 10 PN 3/,
recIQ3B5«23I2 79R 9557
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CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND
FIRST FEDERAL SAVINCS AND LOAN ASSOCIATION OF MIAMI,
the owner and holder of a mortgage dated September 5,1978,
recorded September 12,1978,in Official Records Book 10153,
at Page 159,ofthe Public Records of Dade County,Florida,
inthe original principal sum of $63,700.00,encumbering the
following described property:
The West 70 feet of the East 150.3 feet of
Lot 1,in Block 4,of FAIRGLADE PARK,
according tothe Plat thereof,recorded in
Plat Book 45,Page 80,of the Public Records
of Dade County,Florida,
hereby consents tothe foregoing Agreement and Covenant Running
with the Land in favor of the City of South Miami,and
acknowledges thatsaid mortgage shallbe subject tothe operation
and effect of said Agreement and Covenant Running with theLand.
Nothing herein contained shallbe deemed toimposeanyliability
or responsibility on FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION
OFMIAMI,as Mortgagees.Any liability or responsibility under
said Agreement and Covenant Running with theLand,being that solely
of the owner of said property.
IN WITNESS WHEREOF,FIRST FEDERAL SAVINGS AND LOAN
ASSOCIATION OF MIAMI has caused these presents tp be executed
this //—day of ^eg^j^,1978..^••'••^,.,.
Witnesses:
Attest:
fSS7".Secretary
-4-
FIRST FEDERAVe^VING§*U^f'D LOAN
ASSOCIATION £>F MIATCf \~-
f ^i:3 *-,„••
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>$P§#*L
STATE OF FLORIDA )
COUNTY OF DADE
)SS:
OFF
REC 0255 £2313
S J
I HEREBY CERTIFY that on this day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments fL.h.'JMeNPofn'W,6k(U>Uk HAJLL.
V.President andSecretary of FIRST FEDERAL SAVINGS ANDLOAN
ASSOCIATION OF MIAMI,to me well known and known to me to be the
individuals described in and who executed the foregoing instrument,
and they acknowledged before me that they executed the same freely
and voluntarily for the purposes therein expressed.
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal at Miami,said County and State,this
\\~&day of ^PEd-EMBER ,1978.
My commission expires:
mm*sme of nam*at ia*q
m COMMISSION GMB OCT 7 1980
THMJ GBMf *Al »NS UNDfRWWT«S
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RECORDED »N OFFICE tEWDS BOOK
OfTdE COUNT*,FLORIDA.
RECORD VERIFIED
w<gS?ci«un court
Notary Public,§j|J3td£o£Florida
at Large %«£.^fm-
t/j
SI0265 £2314
79R 9858
CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND
EDWARD J.STYS and MARTA B.STYS,his wife,the owners
and holders of a mortgage dated September 11,1978,recorded
September 11,1978,in Official Records Book 10152,at Page 242,
of the Public Records of Dade County,Florida,in the original
principal sum of $7,550.00,encumbering the following described
property:
The West 70 feet of the East 150.3 feet of
Lot 1,in Block 4,of FAIRGLADE PARK,
according to the Plat thereof,recorded in
Plat Book 45,Page 80,of the Public Records
of Dade County,Florida,
hereby consents tothe foregoing Agreement and Covenant Running
with the Land in favor of the City of South Miami,and
acknowledges that said mortgage shallbe subject tothe operation
and effect of said Agreement and Covenant Running with the Land.
Nothing herein contained shall be deemed to impose any liability
or responsibility on EDWARD J.STYSand MARTA B.STYS,hiswife,
as Mortgagees.Any liaibility or responsibility under said
Agreement and Covenant Running with theLand,being that solely
of the owner of said property.
IN WITNESS WHEREOF,EDWARD J.STYS and MARTA B.STYS,
his wife,have caused these presents tobe executed this 15
dayof December ,1978.
Witnesses
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C'?/efc 10265 ?523I5
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
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I HEREBY CERTIFY that on this day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments EDWARD J.STYS and MARTA B.STYS,his wife,
to me well known and known to me to be the individuals described
in and who executed the foregoing instrument,and they acknowledged
before me that they executed the same freely and voluntarily for
the purposes therein expressed.
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seal at Miami,said County and State,this
1s-hh dayof December ,1978.
My commission expires:
NOTARY PUBLIC ST ATI Of R.OR/OA AT LAWS
MY COMMISSION EXPiRFS AUG 11 «*8<3
BOfcBfi)THRU CXNERAt 'Nf$UNOFRWR.'TatS
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RECORDED IN OFFICE RECORDS BOOK£TaDE COUNTY.FLORIDA.
RECORD VERIFIEDRICHARD P.BRINKER,WCCLERKC»RCUII COURT