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ORDINANCE 776ORDINANCE 'NO. 5 -73 -776 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMANT AND ADDENDUM, COPY OF WHICH IS ATTACHED TO THIS ORDINANCE,, SUBSTITUTING ONE LOT FOR ANOTHER IN A CERTAIN DESCRIBED UNITY OF TITLE` AGREEMENT. WHEREAS, a certain Unity of Title Agreement, dated July 24, 1969, and recorded August 6, 1969, under Clerk's File Number 69R- 137369, and in Official Records Book 6517 at Page 360 of the Public Records of ilade County, Florida,. provided for the Unity of Title of certain lots of land, and WHEREAS, it is the desire of the present owner of the property to release one 'lot from said agreement and substitute another one therefor, and WHEREAS, it appears that the City will be equally protected by the substitution and suffer no harm as a. result thereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager be, and he is hereby authorized on behalf of the City to enter into that certain substitution agreement and addendum, copy of which is attached hereto, which provides for the substitution of; tot 13, seas the West 3 feet thereof, and the "West 3 feet of Lot 14, in Block 1,4, of MINSITE OP tARK110, according to the Plat thereof, as recorded in Plat Book 2, at Page ids, of the Public Kecortls of €mde edutity, 016r,ida, in the plate and tytead of.- k 16 In fileA 14, of OP L6LKRANS, ad r t to the Plat ag reeorded its Plat nwk 2,, at Paz 10% or Ut@ pdbli.e Retard- of Did@ mqty, Mndi. "- T1- I in connection with that certain Unity of Title Agreement, which Agreement is dated July 24, 1969, and recorded August 6., 1969, under Clerk's File Number 69R- 137369, and in Official Records Book 6517 at Page 360 of the Public Records of Dade County, Florida. PASSED and ADOPTED this 17th day of April ,1973. APPROVED: Mayor Attest- L City Clerk �/ )�Z2 SUBSTITUTION AGREEMENT THIS AGREEMENT entered into this /7E4-- day of 197,, by and between LARKIN GENERAL HOSPITAL, INC., a Florida corporation, hereinafter called LARKIN A.D. RUSSELL, joined by his wife, SHARON RUSSELL, hereinafter called "RUSSELL" and the CITY OF SOUTH 'MIAMI, hereinafter called the "CITY ". W I T N E S S E T H THAT: WHEREAS, LARKIN is the present fee simple title holder of the following described real property: Lot 16, in Block 14 of TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2,, at Page 105, of the Public Records of DRde County, Florida, hereinafter referred to as the " LARKIN PROPERTY and WHEREAS, LARKIN desires to exchange the above described property with RUSSELL, and WHEREAS, RUSSELL is presently the owner of the fee simple title to the following described real property: Lot 13, less the West 3 feet thereof; and the West 3 feet of Lot 14, in Block 14, of TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2,, at Page 105, of the Public Records of bade County, Florida, hereinafter referred to as the "RUSSELL PROPERTY", and WHEREAS, LARKIN' S predecessor in title has heretofore entered . into a unity of Title Agreement which Agreement is dated July 24, 1969 and recorded August 6, 1969, udder Clerks s File No. 60R137169 and in Official Records took 6511 at Page 360 of the Public ;Rdeortu of Bade County, Florida* fteluditt'! therein the LMIN 11POPPI tTY, and now wishes to ,uhgtitute ltheref6r the. h SSS L f i�C�R TS Vbn the deViti t on df title thafdto hV JARKINt, dnd v WHEREAS, a 'public: hearing has been held on the substitution at which time the CITY did approve such a'substitution within the original Unity of Title Agreement; NOW, THEREFORE, in consideration of the sum of '$10.00 and other good and valuable considerations, each to the other in hand paid, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. The CITY agrees to accept and substitute the RUSSELL PROPERTY for the LARKIN PROPERTY under the terms and conditions contained in the Unity of Title Agreement herein referred to above,. 2. All other terms and conditions of the Unity of Title Agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Substitution Agreement, the day and year first above written. Signed in the presence of: =r- Attest: i y Clem LARKIN': S.) �.L. -GYM►. Fa.1.�1`Ja \- (L. S. SHARON RUSSELL city: cliY S t AMI R ty Ma"7 r ul* ME*"99 . *&jM-* Vet- 6"f ftsi*k,- ��: +a M STATE OF FLORIDA CCU DALE Or DA ss: D/�l, EFORE ME the undersigned authority, personally appeared KASKELI, as President of`LARKIN GENERAL HOSPITAL, INC., a Florida corporation, and he acknowledged before me that he executed the foregoing Substitution Agreement as such officer for the purposes therein expressed, as the act and deed of said corporation. WITNESS my hand and official seal at the City of Miami, said County and State, this .2', Hday of -v 197Z A`DTARV PIIRi,I(;; ihf� �► �7o.r,T� e r cu`tiir.L '� r 7her, 29. 1975. My Commiss bfi 'E�psimes� Notary P lic,State Florida STATE OF .FLORIDA- COUNTY OF DADE s s ;r BEFORE ME, the undersigned authority, personally appeared A.D. RUSSELL, joined by his wife, SHARON RUSSELL, to me known to be the persons described in and who executed the foregoing Substitution Agreement and they acknowledged before me that they executed the same as their free act and deed for the purposes therein expressed. WTTNESS my hand and official seal atAthe City of Miami, said County and State, this day of My Commission Expires: Notary Yublic, State of Florida NOTARY PUBLIC; STATE of rLaRIDA at LAIIG2 MY 'COMMISSION EXPIRES MAR. 3. 1976 STATE OF FLORIDA: ss: COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared PETE PACKEY, as City Manager for the CITY OF SOUTH MIAMI, and he acknowledged before me that he executed the foregoing Substitution Agreement as such officer, for the purposes therein expressed as the act and deed of said City. WITNESS my hand and official seal at the City of South Miami, said County and State, this !?>'d, day of eg aa.—G ► 107 J Notary Public, State of Florida my Commission txpirda: L nab a « ,r.ra,, y Iartir: pJAFF `L t'fJa' em,QA9 eo & &., * 0 0 ejk; * LAW0.: I[e�f 114 t*XIWJ, fte s* �Yki*d ADDENDUM TO SUBSTITUTION AGREEMENT WHEREAS, Restrictive Covenants Running With The Land previously have been recorded on August 6, 1969, under Clerk's File No. 69R- 137368`, Dade County, Florida., which covenants relate to the property presently owned by LARKIN and described ass Lot 16, in Block 14 of TOWNSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2, at Page 105, of the Public Records of Dade County, Florida. WHEREAS, in order to effectuate the Substitutior_Agreement in conformance with the Code of the City of South Miami, and in confor- mance with the intent of the parties to the Agreement, it is necessary that the above stated restrictions be removed from the above described Property and transferred to the property presently owned by RUSSELL and more particularly described as: Lot 13, less the West 3 feet thereof; and the West 3 feet of Lot 14, in Block 14, of TOAINSITE OF LARKINS, according to the Plat thereof, as recorded in Plat Book 2, at Page 105, of the Public Records of Dade County, Florida. NO f THEREFORE, in consideration of the sum of $10.00 and other good and valuable considerations, each to the Other in hand paid, receipt of which is hereby acknowledged, the parties hereto agree that the above stated restrictions are hereby re,ioved: sot 16, in Block 14 of ll`Nj*s %TB OF 1'tARRINS, ,according to the Flat thereof, as recorded In plat, Book 2, at page 105, of the public Records of Ba+do Coftnty, plotida, and transferred to w l 1e the oc t 3 feet therd6f'; and the : feet of lot 14, in Block 24# of L -4.qR nS* according to the plat thereof, as recorded In Plat ftjk, 2# at page 105e Of tl2 pnbllc ft@c6fdg of bad @. i.Inty" Plorld ., 14N YJ 5. v"7' Y,J v^��..v`.�'i'�� g +3i.kd , %+ i o .' 1..]ia° It d+tc'�.. �' left �'3'1;1> -s °.'�9�"��iF� :��?�tSti;�R"rf'� U� t.i�;,'3��?�.`,�r?�1�,'Y[��.� ��! u��1�3T:'S9_.'•' *�� to the Substitution Agreement this 1%�1 day of &1d 1 , 197'3. Signed in the presence of`; LARKIN: LARKIN G RAL HOSPIfi IN By Pres'den S) c';n^G�'f aQ �l�lA nonce qq � SHAau. RUSSELL Y ~ The City of South ,Miami ' hereby consents and approves the above Addendum to Substitution Agreement and acknowledges that the Agreement and Addendum thereto have been properly approved in accordance With the Code of the City of South Miami. CITY: STATE OF FLORIDA: COUNTY OF'DADE • SS: CITY OF SOU I By City Manger HEF'OFtE 'the undersigned authority, personally appeared DAVIIJ XASKEL„ as president of LAMIN Or t1E.gAI, HOSPITAL, _INC., a f'lorida corporation, and he acknolwedged before me that he executed the foregoing Addendum to Substitution Agreement as such officer for the Purposes therein expressed, as the act and deed of said corporation W TH= Mir hand and � official teal at the City of f4iarti, sag e c'o;inty and State, thi;g .�:�., day of ��� � _ 1973 STATE, OF FLORIDA COUNTY OF DADE ss BEFORE ME, the undersigned authority, personally appeared A. D. RUSSELL, joined by his wife, SHARON RUSSELL, to me known to be the persons described in and who executed the foregoing Addendum to Substitution Agreement and they acknowledged before me that they executed the ,same as -their free act and deed for the purposes therein expressed. WITNESS my hand and official seal at � C y of Miami, said County and State, this 1-1 day of y_ 1973. My Commission Expires;.: � l g rIOTARY UBLIC, STATE OF �URI T40TARY PUBLIC, STATE of FLORIDA 9t LARGE MY COMMISSION EXPIRES MAR. 3, 1976 STATE OF FLORIDA: COUNTY OF DADE : ss BEFORE ME, the undersigned authority, personally appeared PETE PA KEY, as City Manager for the CITY OF SOUTH MIAMI`, and he acknowledged before me that he executed the foregoing Addendum to Substitution Agreement as such officer, for the purposes therein expressed as the act and deed of said City. WITNESS my hand and official seal at the Cith of South Miami, said County and State, this .23-4 day of �,n�o 197$. MY Commission Expires • ✓E��� ,� NOTARY PUBLIC, STATE OF FLOR11A t1nTA*.Y A °: ^���.'1f1S'. Cr~ I"!nt!InA A? U *�.� MYCCY ' %'`Li O A,: q' 13, ';77 tlONDED TIIAU GENERAL INSURANCE UF4DCkWAI1jXJ _ a • cp-= v� - I R. � � M • Y JYZ • � r F w • _ a • cp-= _ J --- •-+.'— der -�"—'� �. ,� -.� • 1� ti �+ d L— a � � M • Y JYZ _ J --- •-+.'— der -�"—'� �. ,� -.� • 1� ti �+ d