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5700 SW 77 TERR_PB-YEAR-1973 waive the installation of off-site drainage, paving, curbs and glAters for the property legally described as: The East 80. 3 feet of Lot 1, Block 4 FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 86,, of the e Pubric Records of Dade !� } Y County, �Florida, t t LOCATED AT 5700 SOUTHWEST. Efty of Soudi Miami City Clerk )130 Sunset Drive, South Miami, Florida 33143 667-5691 Municipal Court Clerk May 31, 1977 Dr . Joan Membery 5700 S. W. 77 Terrace South Miami, FL 33143 Dear Dr . Membery, Please find enclosed recorded copies of Resolution No. 39-77-3551, Agreement and Covenant Running with the Land and Consent to Agreement and Covenant Running with the Land. As we do not have the addresses, I am also enclosing two recorded copies to be forwarded to your mortgage companies. If I can be of any further assistance please do not hesitate to contact me. Sincerely, . Amie M. Glazer City Clerk AMG/kc enclosure "City of Pleasant Living" RESOLUTION N0. 39-77-3551 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, WAIVING OFF-SITE DRAINAGE, PAVING, CURBS AND GUTTERS AS TO CERTAIN DESCRIBED PROPERTY OWNED BY DR. JOAN MEMBERY AND LOCATED AT 5700 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, 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, COVENANTS RUNNING WITH THE LAND, AND OTHER TERMS AND CONDITIONS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Dr. Joan Membery to waive the installation of off-site drainage, paving, curbs and gutters for the property legally described as: The East 80.3 feet of Lot 1, Block 4 FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, be, and the same is hereby granted subject to the terms and conditions of, and provided Dr. Joan Membery 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. The City Manager be, and he ,is hereby authorized to execute the above mentioned Agreement on behalf of the City. PASSED and ADOPTED this 19th day of April, 1977. APPROVED: zY, I f el . Mayor --- i. , City` Cl ;rk � $ _? V a 1 AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS, DR. JOAN MEMBERY hereinafter referred to as "Owner" , is the owner of the following real property located in the City of South Miami, Dade County, Florida, to.-wit: The East 80. 3 feet of Lot 1, Block 4, FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, hereinafter referred to as "Property" , and WHEREAS, the Owner has requested the -City of South Miami to waive the requirement of constructing off-site drainage, paving, curbs and gutters at this time. NOW, THEREFORE, inconsideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and suffi- ciency of which the parties hereby acknowledge, the parties hereto agree as follows: 1. The requirement of constructing off-site drainage, paving, curbs and gutters on the above mentioned property is hereby waived until such time as the .City of South Miami requests that the item be constructed. 2 . In the event the Owner, or her heirs and assigns, fails to construct the off-site drainage, paving, curbs and gutters, when requested to do so by the City for any reason whatsoever, after having been given fifteen (15) days notice by certified mail to make such improvement upon said property described in this Agreement, and the cost therefore shall constitute a 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 with the law, including but not limited to the terms and conditions of Chapters 170 and 173 F.S.A.. , said lien to be together with interest at six percent (6%) per annum and reason- able attorney' s fees. -1- 3. All work, installations, and/or improvements to S S 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" on the Owner and her 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 be in a form approved by the City Attorney of the City. 6. This Agreement shall be effective only if all mort- gagees , lienors, lessees , and other parties of interest shall con- sent 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 Y ' day of 1977. tnesses : 4�INE Dr.' 0 Member ~ - 1 CIv PF SOUTH I I BY: ' ty Manag r Att��e,st ,,, :Ca�t1, C Approved,�ats to Foam: City Attorn y -2- 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 , DR. JOAN ME,MB RY, to me well known and known to me to be the individual described in and who executed the fore- going instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal,at Miami, said County and State, this day of 1977.. SEAL PUBL , State of ;TARY orida at Large NOTARY PUBLIC STATE OF FLORIDA AT LARGE My commission expires : MY COMMISSION EXPIRES OCT. 12, 1.977 BONDED THRU GENERAL INSURANCE UNDERWRITER STATE OF FLORIDA) ) SS : COUN11'Y OF DADE ) 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 and4_;_''. affixed m,y official seal at Miami , said County and State, thl"S�" sauslloru►u,,, /rp day of , 1977 . NOTARY PUBLIC, State Florida at Large NOTARY PUBLIC STATE OF FLORIDA AT LARD' ,3., My commission expires : MV COMMISSIOM e°:'Ir2`S NOV, 11, 1978 BONDED THRU GENERAL INSURANCE UNDERWRITERS CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, the owner and holder of a mortgage filed July 7, 1969, under Clerk' s File No. 69R-118537 of the Public Records of Dade County, Florida, which mortgage encumbers the following described property, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to the Plat thereof, recorded in Plat Book 45, Page 80, o.f the Public Records of Dade County, Florida, which mortgage was executed by DR: JOAN MEMBERY, 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 operations and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability on CHASE FEDERAL SAVINGS AND LOAN ' ASSOCCIATION. Any liability. or responsibility under said Agreement and Covenant Running with the Land, being that solely 'of the owner of said property. IN WITNESS WHEREOF, CHASE FEDERAL SAVINGS AND LOAN AS- SOCIA`i'ION has caused these presents to be executed this 6th day of April 1977. Witnesses : Attest: CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION By: 2 C Vice Prqsi ent Asst . Secretary -4- 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 al:.�: i {_ <: t President of CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged before me that he exe- cuted 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 c ti, day of , 1977 . (SEAL) NOTARY PUBLIC, State of Florida at Large My commission expires: CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND FRANCES B. GLENN, the owner and holder of a mortgage dated October 20, 1976 , and filed November 1, 1976, in Official Re-cords Book 9487 , Page 239 of the Public Records of Dade County, Florida, which mortgage encumbers the following described prop- erty, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to .the Plat thereof, recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, which mortgage was .executed by DR.. JOAN MEMBERY 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, being that solely of the owner of said property. IN WITNESS WHEREOF, FRANCES B GLENN has caused these presents. to be executed this day of r, / , 1977 . Witnesses: RANCES B. GLENN 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, FRANCES B. GLENN, to well known and known to me to be the individual described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my ici;a -seal at Miami, said County and State, this day of 1977 . NOTARY PUBLIC, State of Florida at Large My commission expires: NOTARY PI!8LIC STATE OF no-nt AT LARCE MY COMMISSION EXPIRES JULY 18, 1978 BONDED THRU GENERAL INSURANCE UNDERWR"M -6- RESOLUTION NO. 39-77-3551 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, WAIVING OFF-SITE DRAINAGE, PAVING, CURBS AND GUTTERS AS TO CERTAIN DESCRIBED PROPERTY OWNED BY DR. JOAN MEMBERY AND LOCATED AT 5700 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, 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; COVENANTS RUNNING WITH THE LAND, AND OTHER TERMS AND CONDITIONS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Dr. Joan Membery to waive the installation of off-site drainage, paving, curbs and gutters for the property legally described as: The ,East 80.3 feet of Lot 1, Block 4 FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book' 45, Page 80, of the Public Records of Dade County, Florida, be, and the same is hereby granted-sub ject to the terms and . conditions of, and provided Dr. Joan Membery 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. The City Manager be, and he is hereby authorized to execute the above mentioned Agreement on behalf of the City. PASSED and ADOPTED this 19th day of April, 1977. APPROVED: Mayor . �+ ;* rKr'dA feast'= eg i AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS, DR. JOAN MEMBERY hereinafter referred to as "Owner" , is the owner of the following real property located in the City of South Miami, Dade County, Florida, to-wit: The East 80. 3 feet of Lot 1, Block 4, FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, hereinafter referred to as "Property" , and WHEREAS, the Owner has requested the City of South Miami to waive the requirement of constructing off-site drainage, paving, curbs and gutters at this time. NOW, THEREFORE, inconsideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and suffi- ciency of which the parties hereby acknowledge, the parties hereto agree as follows: 1 . The requirement of constructing off-site drainage, paving, curbs and gutters on the above mentioned property is hereby waived until such time as the .City of South Miami requests that the item be constructed. 2 . In the event the Owner, or her heirs and assigns, fails to construct the off-site drainage, paving, curbs. and gutters, when requested to do so by the City for any reason whatsoever, after having been given fifteen (15) days notice by certified mail to make such improvement upon said property described in this Agreement, and the cost therefore shall constitute a 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 with the law, including but not limited to the terms and conditions of Chapters 170 and 173 F.S.A.. , said lien to be together with interest at six percent (6%) per annum and reason- able attorney' s fees. -1- 3. All work, installations, 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 her 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 be in a form approved by the City Attorney of the City. 6. This Agreement shall be effective only if all mort- gagees, lienors, lessees , and other parties of interest shall con- sent 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 14ITNESS WHEREOF, the parties have hereunto affixed their hands and seals this_ day of. 1977 . W' esses : ER: r Dr.' Joan _e 'be ry C Y F SOUTH I I BY: ana r Attest : City ClOrk Approved' as to F rm: f City Attor ey -2- i_ 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 , DR. JOAN MEMF3ERY., to me well known and known to me to be the individual described in and who executed the fore- going instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal,at Miami, said County and State , this_ _ day of 1977. o�• o r-°J SEAL OTARY PUBLIC, Mate of Florida at Large My commission expires : NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES OCT. 112, 19177 BONDED THRU GENERAL INSURANCE UNDERWRIT11% 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, 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 y official seal at Miami , said County and State, this day of 7-A,0-ti, 1977 . µ (S.EAL A NOTARY PUBLIC, State of ,- - Florida at Large NOTARY PUBLIC STATE OF FLORIDA AT LARD My commission expires : MV C04WISE10I+3 E-PHRES NOW, 11, 1973 BONDED.THRU GENERAL INSURANCE UNDERWRITERS- CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, the owner .and holder of a mortgage filed July 7, 1969, under Clerk' s File No. 69R-118537 of the Public Records of Dade County, Florida, which mortgage encumbers the following described property, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to the Plat thereof, recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, which mortgage was executed by DR: JOAN MEMBERY, 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 operations and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability on CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION. Any liability or responsibility under said Agreement and Covenant Running with the Land, being that solely 'of the owner. of said property. IN WITNESS WHEREOF, CHASE FEDERAL SAVINGS AND LOAN AS- SOCIA`T'ION has caused these presents to be executed this 6th day of April , 1977 . Witnesses : r i Attest: CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION By: iC Vice Pr'Isi ent � Asst . Secretary -4- 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 �a �i:� i c , c President of CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged before me that he exe- cuted 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. ct1 day of 1977. - - i j (SEAL)' NOTARY PUBLIC, State of Florida at Large j I- i My commission expires: j 'I I j I i I i i i I I i i i 1 I CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND I FRANCES B. GLENN, the owner and holder of a mortgage dated October 20, 1976 , and filed November 1 , 1976, in Official Records Book 9487, Page 239 of the Public Records of Dade County, Florida, which mortgage encumbers the following described prop- erty, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to the Plat .thereof, recorded in Plat Book 451 Page 80, of the Public Records of Dade County, Florida, which mortgage was executed by DR.. JOAN MEMBERY 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, being that solely of the owner of said property. . . IN WITNESS WHEREOF, FRANCES B. GLENN has. caused these presents to be. executed this day of �� / , 1977 . Witnesses: RANCES B. GLENN 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, FRANCES B. GLENN, to me well known and known to me to be the individual described in and who executed. the .foregoing instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes the expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my ficia seal at Miami, said County and State, this day of 1977 . NOTARY PUBLIC, State of Florida at Large My commission expires: NOTARY PI!PUC STATE OF OR-DA AT �ARGF MY COMMISSION EXPIRES JULY .18, 1.9" BONDED THRU GENERAL INSURANCE UNDERWR"M -6- ' RESOLUTION N0. 39-77-3551 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, WAIVING OFF-SITE DRAINAGE, PAVING, CURBS AND GUTTERS AS TO CERTAIN DESCRIBED PROPERTY OWNED BY DR. JOAN MEMBERY AND LOCATED AT 5700 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, 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, COVENANTS RUNNING WITH THE LAND, AND OTHER TERMS AND CONDITIONS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Dr. Joan Membery to waive the installation of off-site drainage, paving, curbs and gutters for the property legally described as: The East 80.3 feet of Lot 1, Block 4 FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, be, and the same is hereby granted subject to the terms and, conditions of, and provided Dr. Joan Membery 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. The City Manager be, and he is hereby authorized to execute the above mentioned Agreement on behalf of the City. PASSED and ADOPTED this 19th day of April, 1977. APPROVED: Mayor Attest: City Clerk AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS, DR. JOAN MEMBERY hereinafter referred to as "Owner" , is the owner of the following real property located in the City of South Miami, Dade County, Florida, to-wit: The East 80.3 feet of Lot 1, Block 4, FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, -Florida, hereinafter referred to as "Property" , and WHEREAS, the Owner has requested the City of South Miami to waive the requirement of constructing off-site drainage, . paving, curbs and gutters at this time. NOW, THEREFORE, inconsideration of Ten. Dollars ($10.00) and other good and valuable considerations, the receipt and suffi- ciency of which the parties hereby acknowledge, the parties hereto agree as follows: 1. The requirement of constructing off-site drainage, paving, curbs and gutters on the above mentioned property is hereby waived until such time as the .City of South Miami requests that the item be constructed. 2. In the event the Owner, or her heirs and assigns, fails to construct the off-site drainage, paving, curbs. and gutters, when requested to do so by the City for any reason whatsoever, after having been given fifteen (15) days notice by certified mail to make such improvement upon said property described in this Agreement, and the cost therefore shall constitute a 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 with the law, including but not limited to the terms and conditions of Chapters 170 and 173 F.S.A. , said lien to be together with interest at six percent (6%) per annum and reason- able attorney' s fees. -1- 3. All work, installations, 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 her 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 be in a form approved by the City Attorney of the City. 6. This Agreement shall be effective only if all mort- gagees , lienors, lessees, and other parties of interest shall con- sent 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 day of 1977. Witnesses : -OWNER: i Dr. Joan Membery CITY OF SOUTH MIAMI BY: City Manager Attest : City Clerk Approved as to Form: City Attorney -2- 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 , DR. JOAN MEMBE Y, to me well known and known tome to be the individual described in and who executed the fore- going instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal,at Miami, said County and State, this day of 1977. (SEAL) NOTARY PUBLIC, State of Florida at Large My commission expires : STATE OF FLORIDA) ) SS : COUN'."Y OF DADE ) 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 day of 1977 . (SEAL) NOTARY PUBLIC, State of Florida at Large My commission expires : t CONSENT TO AGREEMENT AND COVENANT RUNNING V41TH THE LAND CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, the owner and holder of a mortgage filed July 7, 1969, under Clerk's File No. 69R-118537. of the Public Records of Dade County, Florida, which mortgage encumbers the following described property, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to the Plat thereof, recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, which mortgage was executed by DR. JOAN MEMBERY, hereby consents to the foregoing Agreement and Covenant Running with the Land in favor of the City of South Miami, and ackn;.)wledges that said mortgage shall be subject to the operations and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability on CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION. Any liability or responsibility under said Agreement and Covenant Running with the Land, being that solely of the owner. of said property. IN WITNESS WHEREOF, CHASE FEDERAL SAVINGS AND LOAN AS- SOCIATION has caused these presents to. be executed this 6t1i day of April 1977. Witnesses : Attest : CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION B ► 3: �, , � y: tAP Vice P1?4si ent � iLi Asst . Secretary -4- f 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 _;i<<, is i ci President of CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged before me that he exe- cuted 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 1977. ; (SEAL) NOTARY PUBLIC, State of Florida at Large My commission expires: -5- CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND FRANCES B. GLENN, the owner and holder of a mortgage dated October 20, 1976 , and filed November 1 , 1976, in Official Re-cords Book 9487, Page 239 of the Public Records of Dade County, Florida, which mortgage encumbers the following described prop- erty, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to the Plat thereof, recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, which mortgage was .executed by DR,. JOAN MEMBERY 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, being that solely of the owner of said property. IN WITNESS WHEREOF, FRANCES B. GLENN has caused these presents to be executed this day of pi / , 1977 . Witnesses: Y-1ciohr� "110 Q U . RANCES B. GLENN 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, FRANCES B. GLENN, to well known and known to me to be the individual described in and who executed. the foregoing instrument, and she acknowledged before me that .she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and aft fixed my Pica seal at Miami, said County and State, this _�- day of 1977. NOTARY PUBLIC, State of Florida at Large My commission expires: NOTARY PUBLIC STATE OF -I OP,04 AT LARGE MY COMMISSION EXPIRES JULY 18, 1978. BONDED THRU GENERAL INSURANCE UNDERWR"T -6- CITY OF SOUTH MIAMI ENTER - OFFICE MEMORANDUM DA TE April 19, 1977 TO: City Manager Mr. Jack Present R OM: Public Works Dir. - W.E. Godwin F Reference the request of Dr. Joan Memberry fora waiver of the required right--of-way improvements with regard ",to her property at 5700 S.W. 77 Terrace. Percolation tests have shown and it is the opinion of the City' s engineer that adequate swale area exists to 'hihdl6- normal rain- fall in this area. The Public Works Department has no objection to temporary waiving the required installation of curbj' gutters, '1*:iving and drainage at this time with one condition. If council does temporarily waive the R/W improvements it should do so with the underst-andin g that the existing s,,,%7-ale area is to be graded, reshaped and fully sodded as per attached, site plan (Titled Exhibit A) and that parking be prohibited on all grass areas . CUNNINGHAM & WEINSTEIN ATTORNEYS AT LAW SUITE 812 AINSLEY BUILDING MIAMI, FLORIDA 33132 ARTHUR B. CUNNINGHAM (19O5-1973 TELEPHONE PHILIP T. WEINSTEIN 377-2038 ALAN L.WEISBERG March 29 , 1977 City Clerk City of South Miami South Miami Courthouse South Miami,, Florida RE: Dr. Joan R. Membery Dear Sir: In connection with, Dr. Membery' s. regue.st, which we un- derstand will be on the Agenda on the meeting to be held in the vecinity of April 12th, we suggest that the pro- posed form of resolution be amended so that the phrase in Section 1 : "waive the installation of off-site drain- age" should read: "waive the installation of off-site drainage, curbs and .gutters" . Very truly yours, r'7 P `M T. Weinst6in PTW/cg cc: Hon. Edward N. Moore, City Attorney 7550 RED ROAD TEL: 305/442-8700 / SUITE 113 ✓ S. MIAMI, FLORIDA 33143 HOWARD EANDSKRONER . o¢.�og., ogsaoe. e�.�Jn-., e�{ssoe. o9.e�. ogze�zlteeE February 25, 1977 City of South Miami, Florida City of South Miami Council Gentlemen: ''.i is letter is Addendum #,1 to the Request for Waiver df required ff site drainage at 5700 S.W. 77 Terr., South Miami, Fl, dated �-\February 23, 1977• Pleasie consider the following additional items: 8. This request -is applicable to the entire off street perimeter on Red Road and Southwest 77 Terrace. 9. Grant the Owner a temporary certific ate of occu fo?i", , 10. Permit the access to the site by workers to complete the project and safe access to the structure for clients. Thanking your cooperation, Respectfully, Cara Landskroner cc: Dr. Joan Membery cc: Hubert Hammac 7550 RED ROAD TEL: 305/442-6700 ` SUITE 113 S. MIAMI, FLORIDA 33143 HOWARD EANDSKRONER ef{.J.�., ogssoe. df.J.Jn-., or{ssoc. d9.e�. dfzc�iEEeeE February 23, 1977 City of South Miami, Florida City of South Miami Council Gentlemen: This letter is a request of 'waiver of required off site drainage at 5700 S.W. 77 terr., South Miami, Florida. Please consider the following items: 1. Owner- Dr. Joan Membery 2. Legal Description-East 80.30ft of Lot 1,Block 4, Fairglade Park as recorded in the Flat Book 45, Page 80, Dade County, Florida 3. The property use is intended to be Professional Medical Offices. 4. The Construction Project is 90 % complete. 5. The Contractor is Hubert Hammac. 6. The adjacent properties have trees and grass off the property line and adjacent to Red Rd. The owner will agree to bear costs of future Red Road development as shred by other property owners. 7. To enforce the requirement of off site drainage at the present time will: A) Detract from the natural beauty of the area by eliminating trees and grassed areas. B)Be a financial burden to the Owner to bear capital costs for drainage which will be likely to be demolished and reconstructed in the future with the development of Red Rd. Thank you for your consideration and looking forward to your approval of waiver. R ectfully, i Howard Landskroner s c: Dr Joan Membery V - r - f!¢i1 M�1�yt�il�lD RESOLUTION NO. 39-77-3551 l REC 968' ?G1608 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, WAIVING OFF-SITE DRAINAGE, PAVING, CURBS AND GUTTERS AS TO CERTAIN DESCRIBED PROPERTY OWNED BY DR. JOAN MEMBERY AND LOCATED AT 5700 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, 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, COVENANTS RUNNING WITH THE LAND, AND OTHER TERMS AND CONDITIONS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Dr. Joan Membery to waive the installation of off-site drainage, paving, curbs and gutters for the property legally described as: The East 80.3 feet of Lot 1, Block 4 FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, be, and the same is hereby granted subject to the terms and conditions of, and provided Dr. Joan Membery 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. The City Manager be, and he is hereby authorized to execute the above mentioned Agreement on behalf of the City. PASSED and ADOPTED this 19th day of April, 1977. APPROVED: Y Mayor, City Clerk r� U - �� e • 1 AGREEMENT AND COVENANT RUNNING WITH THE LAND WHEREAS, DR. JOAN MEMBERY hereinafter referred to as "Owner" , is the owner of the following real property located in the City of South Miami, Dade County, Florida, to-wit: The East 80.3 feet of Lot 1, Block 4, FAIRGLADE PARK, according to the Plat thereof as recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, hereinafter referred to as "Property" , and WHEREAS, the Owner has requested the City of South Miami to waive the requirement of constructing off-site drainage, paving, curbs and gutters at this time. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and suffi- ciency of which the parties hereby acknowledge, the parties hereto agree as follows: 1. The requirement of constructing off-site drainage, paving, curbs and gutters on the above mentioned property is hereby waived until such time as the City of South Miami requests that the item be constructed. 2. In the event the Owner, or her heirs and assigns, fails to construct the off-site drainage, paving, curbs and gutters, when requested to do so by the City for any reason whatsoever, after having been given fifteen (15) days notice by certified mail to make such improvement upon said property described in this Agreement, and the cost therefore shall constitute a 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 with the law, including but not limited to the terms and conditions of Chapters 170 and 173 F.S.A. , said lien to be together with interest at six percent (6%) per annum and reason- able attorney' s fees. -1- t Ott 91 683 c b . 3. All work, installations, 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 her 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 be in a form approved by the City Attorney of the City. 6. This Agreement shall be effective only if all mort- gagees, lienors, lessees, and other parties of interest shall con- sent 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 day of 1977 . Wit esses : ER: D oan e ery U , C OF SOUTH M i BY o� Man ger Attest: C-1ty C eIr_k '1Approv A,�as to orm: City At ney -2- 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 , DR. JOAN MEMBE_-RY:,' to me well known and known to me to be the individual described in and who executed the fore- going instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal,at Miami, said County and State, this,. day of 1977. -- SEAL ,NOTARY PUB C, State Of Florida at. Large',, NOTARY PUBLIC STATE OF FLORIDA AT•t,o My commission expires: MY COMMISSION EXPIRES OCT. I12, 1971 BONDED THRU GENERAL INSUPANCE UNCERWRITEM 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,: 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 aff* edgy official seal at Miami, said County and State, this day of 1977 . ,,, .3 9 �� �• A�)c4 0 NOTARY PUBLIC, Stag 6f 0 Florida at Large ,QA, '°• �,.°° 4 WO RY PULI S ATE OORIDA PUBLIC STATE 9 .• �` \\ My commission expires : $QNDED THRU GENERAL INSURANCE UNi?cR'1NWNV11!��st -3- .. eft. 461 CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, the owner and holder of a mortgage filed July 7, 1969, under Clerk' s File No. 69R-118537 of the Public Records of Dade County, Florida, which mortgage encumbers the following described property, to-wit: The East 80. 3 feet of Lot 1, Block 4 , FAIRGLADE PARK, according to the Plat thereof, recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, which mortgage was executed by DR. JOAN MEMBERY, 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 operations and effect of said Agreement and Covenant Running with the Land. Nothing herein contained shall be deemed to impose any liability on CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION. Any liability or responsibility under said Agreement and Covenant Running with the Land, being that solely of the owner of said property. IN WITNESS WHEREOF, CHASE FEDERAL SAVINGS AND LOAN AS- SOCIATION• has caused these presents to be executed this 6th day of April 1977. Wi esses : ILIA� A. ...�� ` — a Attest: CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION By: Vice Pr( si lent Cc C Asst . Secretary -4- k G 9683 PG 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 acknowledgment's G. Wakefield, Vice President of CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, to me well known .and known to me to be the individual described in and who executed the foregoing instrument, and he acknowledged before me that he exe- cuted 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 6th day of April 1977 . . Notary Public,Stata of t! f=' A _ �Qi�111SS1 n lux lbi; SEAgL) NOTARY PUBLIC;-+St°d.t?;,et�of Florida at Lare_r '� Ply commission expires: -5- d614 CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND FRANCES B. GLENN, the. owner and holder of a mortgage dated October 20, 1976, and filed November 1, 1976 , in Official Records Book 9487, Page 239 of the Public Records of Dade County, Florida, which mortgage encumbers the following described prop- erty, to-wit: The East 80. 3 feet of Lot 1, Block 4, FAIRGLADE PARK, according to the Plat thereof, recorded in Plat Book 45, Page 80, of the Public Records of Dade County, Florida, which mortgage was executed by DR. JOAN MEMBERY 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 w:i:th the Land, being that solely of the owner of said property. IN WITNESS WHEREOF, FR,T�NCES B. GLENN has caused these presents to be executed this day of p-1^/ , 1977. l Witnesses: r RANCES B. GLENN w � 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, FRANCES B. GLENN, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same freely and voluntarily for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my f"fic�a seal at Miami, said County and State, this day of 1977 . NOTARY PU LIC, Stag cpf cFlotada J .at Large '° ' 0 a My commission expires: NOTARY PUBLIC STATE OF CtOP'De AT LARCE MY COMMISSION EXPIRES JULY 18, 1978 BONDED THRU GENERAL INSURANCE UNDERWRIW.fP RECORDED IN OFFICIAL RECQADg LM OF DADE COUNTY. FLORIDA. RECORD VERIFIED -6- RIC,HARD P.BPJNKE& CLERK CIRCUIT COURT OFFICIAL RECEIPT No. Clerk of the Circuit and County Courts 9121 '� 5/18/77 OFFICE OF THE RE"CORDER Date j DAD;E COUNTY/FLORIDA . OFFICE USE ONLY INTANGIBLE TAX LEVIED UNDER (A) Sec. 199.032(3)F.S. (Consideration $ ) -1 (A) (B) RECORDING FEES: M2RM AGE OBLIGEE 2 (B) ACRE MENT 2 (B) " ASSIGNMENT 2 (B) SATISFACTION/RELEASE 2 (B) (D) MICROFILMING 3 (D) (E) CERTIFIED COPIES 4 (E) (H) DOCUMENTARY STAMPS 5 (H) (K) DOCUMENTARY STAMPS-SURTAX 6 (K) (L) NON-AFFIXED DOCUMENTARY STAMPS 7 (L) (LA) NON-METERED DOCUMENTARY STAMPS 8(LA) (M) EXCESS REMITTANCE (EXCHANGE) 9 (M) (N) DEPOSIT — FUTURE FILM PURCHASES 10 (N) (NF) MISCELLANEOUS REVENUE 11(NF) THIS FORM BECOMES A RECEIPT ONLY WHEN VALIDATED BY MACHINE TOTAL AMOUNT PAID $ OR SIGNED BY THE CLERK OR AUTHORIZED DEPUTY. x' PAYMENT RECEIVED AS CERTIFIED ABOVE Verified By: CLERK OR AUTHORIZED DEPUTY CIR/CT/REC-2 Rev. 5/1975 t White/Office Copy —Yellow/Accounts Receivable — Blue/Customer L'T EE City of South Miami City Clerk 6130 Sunset Drive, South Miami, Florida 33143 667-5691 Municipal Court Clerk May 16 , 1977 Richard Brinker, Clerk of Circuit Court 73 West Flagler Miami, Florida Re : Recording - Dr. Joan Membery Dear Mr. Brinker: Enclosed please find the following which is to be recorded. Resolution No. 39-77--3551 Agreement and Covenant Running With the Land. Consent to Agreement and Covenant Running With the Land. (Chase Federal Savings & Loan) Consent to Agreement and Covenant Running with the Land. (Frances B . Glenn) Recording fee in the amount of $16 . 00. Please process and return to the City Clerk' s office. Cordially, Amie M. Glazer City Clerk Encl. Seven documents and Check (MemberyY (#1288-$16 . 00) "City of Pleasant Living" :zna=sec.�ac•�:acac_z=u7.. Sd??i.-- BTU MTL F.22 JOAN 1-I. MEMBERY, M.D., P.A. � - 1288 7700 RED ROAD _ MIAMI, FLORIDA 33143 9 • DATE ',g i l 63.715/670 �— / (CIO OLLARS PAN Al EN41CAlOd SANK OF CORAL GASL,E-811 N.A. { CORAL GASL93. FLOMPA r t 4000, ?01;10 ? 1� 11°' [ , 2,$491I�