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5712 SW 77 TERR_Res No 100-78-3727_Recorded Covenant..*; •• •• • i&IQ2B5«230B~... 1979 JAN 10 PM 5 30 73R RESOLUTION NO.100-78-3727 3855 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, a single man,to waive the installation of off-site curbs, gutters andright-of-waypavinginfrontofthesubjectproperty 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, accordingtothePlatthereof,recordedin Plat Book 45,at Page 80,ofthe Public Records of Dade County,Florida, be,and the same is hereby granted subject tothe terms and conditions of,andprovidedJohn L.Eakins,asingle 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.TheCityManager be,andheishereby authorizedtoexecutetheabovementioned Agreement onbehalf of the City. PASSED and ADOPTED this 7th day of November ,1978. Attest r.&» .r.•' •• •City Clerk g^a= APPROVED: MCOMCD IN OFFICIAL RECORDS BOO* OF DADE COUNTY,FLORIDA. RECOKD VERIFIED RICHARD P.BMMER, CLERK CIRCUIT COURT j.fl '979 JAN 10 PH 3: 79R 9856SI0265*2309 wo AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS,JOHN L.EAKINS,a single man,hereinafter referredtoas "Owner",istheOwnerofthefollowingreal propertylocatedintheCityofSouthMiami,DadeCounty, 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 goodand 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 Miami requests that the 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 todosoby the City for any reason whatsoever,after having been given fifteen (15)days notice by certified mail to doso,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 >»* nrr wr.c 0265 «23I0 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 be at 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 of the aforedescribed property to be in the Owner,and naming all mortgagees,lienors,lessees and other parties of interest,said Opinion of Title to beina form approved by the City Attorney ofthe City. 6.This Agreement shall be effective only if all 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 {x day of \JUfsfAt/}{/\/197: presence of: {7>s&Ss&JL ^><L Attest: City Clerk r Approved as to Form C*\a^u City Attorney -2- OWNER: JOHN/L.EAKINS CITY OF SOUTH MI, cY &I(B65S3I STATE OF FLORIDA ) ) COUNTY OF DADE ) SS: 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. affitixe IN WITNESS WHEREOF,I have hereunto set my hand and d my official seal at Miami,said County and State,this day of JbU^t»SUs\,1978. notary Public state of Florida at large my commissi on exp i res j ah 8.19.83 bonded thru general ins.underwrites, My commission expires STATE OF FLORIDA ) )SS: COUNTY OF DADE 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^j^-tyxju^,</,197 8. My commission expires: NOfARY PUBLIC.SIATE Of FLORIDA AT lA*G£ MY COMMISSION EXPIRES MAt.17 1981 •ONDED THRU GENUAL INS.UNDEtWtiTEXS &~s J^.zP^^y Notary Public,State of Florida at Large /«$"£" RECORDED 1H OFFICIAL RECORDS MO* OF DADE COUNTY,FLORIDA. RECORD VERIFIED RICHARD P.BRINKS* CLEKK CIRCUIT <M«MK -3- ••• y O*. *J : 4B :. iX;. *KT '•"''Sitif.ftH <:„,;«. iv IX r.,«--.-VY ~«—-*V-«"w —!~: V%ll'••\-V''^ XT-6*">y-;"HlliH^' M 10 PH 3-- y J OFF rtF.cc 10265X2312 79R 9857 CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND FIRST FEDERAL SAVINGS 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,of the Public Records of Dade County,Florida, in the 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 to the Plat thereof,recorded in Plat Book 45,Page 80,of the Public Records of Dade County,Florida, hereby consents to the foregoing Agreement and Covenant Running with the Land in favor of the City of South Miami,and acknowledges that said mortgage shall be subject to the 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 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI,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 to be executed this /'/' *'/•"W.dayof ^^'^jr/- Witnesses: Attest: rjLsuA y*4ii_. flS&T'Secretary 4- ,1978. ... FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI <]f» i r .VY r I" 1UX 00 "•rr/p .j..s"..'.r.^j «r•r "h;r*0.!, :^r'.ri"'.'.o c~.r~,r r -rr"o v-*- J-'*' STATE OF FLORIDA ) ) COUNTY OF DADE ) SS: ^10265^2313 */ I HEREBY CERTIFY that on this day personally appeared before me an officer duly authorized to administer oaths and take acknowledgments f~.,f\,'"Pfc.'ZfiroQ'T a „i C.hHuLf.HflAL. ,fc//,President andSecretary ofFIRST FEDERAL SAVINGS AND LOAN 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 thatthey 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 //g day of '3E(l~EMJbER ,1978. My commission expires: 'IUWC STATE OF RORIDA AT LARG m OOMMISSK3N EXPIRES OCT .7 1980 KMDED THRU GENERAL INS UNDFRWWTERS -5- ^Uo&-i Notary Public,State of Florida at Large of DADE COUNT*.FLORIDA. RECORD VERIFIED ncSm!«»«C0URT "*>,•..-"^ y •'t, :-i^':-,"-CS •,CM ?'.-.'0^.M J*:.:To *a--;..*—.. k-'«--*;'l/«:i OSAJ 1A ACWOJ3 «>3TAW 3«8ft &$«fc 039f<:DO 23S1«{?6«Mti'«ft^CO Ws - C »ra-JAN 10 PH ^:30 ^!0265 £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 to the foregoing Agreement and Covenant Running with the Land in favor of the City of South Miami,and acknowledges that said mortgage shall be subject to the 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.STYS and MARTA B.STYS,his wife, as Mortgagees.Any liaibility or responsibility under said Agreement and Covenant Running with the Land,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 to be executed this 15 day of December ,1978. -6- OcUl DWARD J.STYSDJ./bTYb ^4 s£- TA B.STYS i' \y J d y J ^10265^2315 STATE OF FLORIDA ) )SS: COUNTY OF DADE 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 inandwho executed the foregoing instrument,andthey 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 sealatMiami,said County and State,this 15thdayof December ,1978. My commission expires NOTARY PUBLIC STaTE •>aOR'D*AT lARQ MV TOMMISSION EXPiRFS AUG ?:'©80 BONDED THRU QENERAt !N5 UNDFftWRITERS -7- lis??® Notary Public,State of Florida at Large Si RECORDED IN OFF.C.Al RECORDS BOOK OF DADE C0UN1Y.FLORID*. RECORD VERIFIED RICHARD P.DRINKER,R CLERK C.RCUIT COURT