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HomeMy WebLinkAboutR-00-0406'! .. I- . -f 0 a J-00-441 5/5/00 RESOLUTION NO. Go -406 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), , ACCEPTING THE PLAT ENTITLED WYNWOOD TOWER REPLAT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, the Department of Public- Works recommends the acceptance of the plat, entitled Wynwood Tower Replat; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled Wynwood Tower Replat, is a replat of the property described on the attached Attachment 1, which plat by reference is made a part hereof as if fully incorporated herein, and subject to all of the conditions required by the Plat and Street Committee as set forth as Exhibit "A" attached hereto, is hereby accepted. The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing. and future planting, trees and shrubbery on said property, are also hereby accepted and confirmed by the City of Miami, Florida. 7T�aad� CITY COMMISSION MEETING OF MAY .1 1 2000 -Resolutioa No... 00-g `1� � 0 Section 2. The City Manager and City Clerk are hereby authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Miami -Dade County, Florida. Section 3.This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 11th day of May , 2000. JOE CAROLLO, MAYOR [n accordance with Miami Code Sec. 2-36, since the Mayor did not indicate anrrnval of Us legislation by signing it in the designated place providad, said lery w, ;tmv bewmes effective with the elapse of ten (10) 2 :;'a', rn the dat ra1n1,; regan1kV same, without the Mayor ex-rcis, g a v _ I , ATTEST: WALTER J. FOEMAN CITY CLERK U a TY W40'0 6: RCL F VIELLO RNEY�T; RRECTNESS :tai Walter J. Clerk 1.� If the Mayor does not sign this Resolution,' it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 ATTACHIMENT I TRACT "A" OF WYNWOOD TOWER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 155, AT PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND LOT 6, BLOCK 13, OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 31, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND THE 10 FOOT ALLEY BETWEEN. LOT 6, BLOCK 13 OF EDGEWATER, ACCORDING TO THE PLAT. THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 31 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND TRACT "A" OF WYNWOOD TOWER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 155, AT PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE N89057'24"W FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE S00008'18"E FOR A DISTANCE OF 50.05 FEET TO A POINT; THENCE S89057'24"E FOR A DISTANCE OF 10.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00008'18"W ALONG THE WEST LINE OF SAID LOT 6, FOR A DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING, CONTAINING 500.50 SQUARE FEET MORE OR LESS. 0- 406 EXHIBIT "A" LEGAL DESCRIPTION TRACT "A" OF WYNWOOD TOWER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 155, AT PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND LOT 6, BLOCK 13, OF EDGEWATER, ACCORDING TO THE. PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 31, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND THE 10 FOOT ALLEY BETWEEN LOT 6, BLOCK 13 OF EDGEWATER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 31 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND TRACT "A" OF WYNWOOD TOWER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 155, AT PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE . COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE N89057'24"W FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE S00008'18"E FOR A DISTANCE OF 50.05 FEET TO A POINT; THENCE S89057'24"E FOR A DISTANCE OF 10.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE N00008'18"W ALONG THE WEST LINE OF SAID LOT 6, FOR A DISTANCE OF 50.05 FEET TO THE POINT OF BEGINNING, CONTAINING 500.50 SQUARE FEET MORE OR LESS. Go- 406 ®C-Fitli 4 1A%IES I. KAP , P.E. Director January 7, 2000 Wynwood Tower Apartments, Ltd. 2665 S. Bayshore Drive, Suite 202 Miami, FL 33133 Dear Ladies and Gentlemen: of 'ffltitiut WYNWOOD TOWER ONE - NEW TENTATIVE PLAT #1556 Eyl did DONALD 1-I. \%ARSt1AV, Cit 11.ina er P/' 1 / 1-f The City of Miami Plat and Street Committee, at its meeting of January 6, 2000, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. In the location sketch, provide the plat information for the area designated as TRACT "A". 2. The location sketch must be to a scale of 1" = 300'. 3. In the main sketch, show the total right-of-way width of NE 24 Street, NE 2 Avenue and NE 2 Court. 4. Will the asphalt pavement area and any other existing structure located in the area to be dedicated for right-of-way be removed? 5. Are there any utilities in the alley to be closed and vacated? If none, please note on tentative plat. 6. An opinion of title as to reversionary rights for the alley to be closed and vacated will be required by the Zoning Board. The opinion of title must also address whether or not there are any individuals, in addition to the abutting property owners, having an interest in the alley to be closed and vacated. A copy of the opinion must be provided to the Public Works Department. 7. A sketch and legal description, with square footage area, for the proposed alley closures will be required by the Zoning Board. Contact Ms. Teresita Fernandez, Chief of the Hearing Boards, at 305-416-2030. Provide a copy to the Public Works Department. 8. Provide the name of the city and the section, township and range in the title block, or under the legal description. 9. In the main sketch, tie in all structures to the property lines. DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 Wynwood Tower Apartments, Ltd. WYNWOOD TOWER ONE - NEW TENTATIVE PLAT #1556 January 7, 2000 Page two 10. Change the proposed plat name to Wynwood Tower Replat. 11. Label proposed TRACT "A" as proposed TRACT "B". 12. At the northeast corner of the proposed plat identify the property to be dedicated as right-of-way. Dedication of a 25 -foot corner radius is required on the northeast corner of the tract. 13. identify Wynwood Tower Apartments, Ltd. as the owner on the plat. 14. Request an adjustment to the design standards from the Supervisor of Plats for a 15 - foot corner radius on the northwest corner of the proposed subdivision. 15. The Plat and Street Committee, in viewing the request to close and vacate the north/south alley between NE 2 Court and NE 2 Avenue, south of NE 24 Street, has considered the public interest requirements found in Chapter 55 of the Miami City Code. These requirements having been met, the Plat and Street Committee recommends approval of the vacation and closure of the said north/south alley between NE 2 Court and NE 2 Avenue, south of NE 24 Street. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights-of-way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. 4U 0 Wynwood Tower Apartments, Ltd. WYNWOOD TOWER ONE - NEW TENTATIVE PLAT #1556 January 7, 2000 Page three Ll If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Jacks P. E. Acting Chairman, Plat and Street Committee JHJ/rjf Enclosure: Contact Sheet C: Superior Consultants, Inc. 4960 SW 72 Avenue, Suite 305 Miami, FL 33173 Plat and Street Committee Members bc: Surveys Civil Central G-0- 406 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS _MAY 5. 2000_ REPORT OF PROPOSED RECORD PLAT OF WYNWOOD TOWER REPLAT LOCATED BETWEEN NE 2 AVENUE AND NE 2 COURT AND BETWEEN NE 23 STREET AND NE 24 STREET A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled WYNWOOD TOWER REPLAT was prepared by Superior Surveying, Inc. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: 1. The proposed record plat entitled WYNWOOD TOWER REPLAT is a replat of Lot 6, Block 13, EDGEWATER, Plat Book 2 at Page 13, as recorded in the Public Records of Dade County, Florida, and of TRACT "A", WYNWOOD TOWER, Plat Book 155 at Page 54, as recorded in the Public Records of Miami -Dade County, Florida, and of the 10 -foot wide alley lying between said Lot 6 and said Tract A, all lying in Section 30, Township 53 South, Range 42 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) tract containing 1.62 ± acres. It is zoned C-1. 2. The location of the streets and their widths conform with the standards of the Department of Public Works of the City of Miami, Florida. 3. As certified to by Louis J. LeBron, Registered Surveyor and Mapper, this Plat complies with the plat filing laws of the State of Florida. 4. The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of the 10 -foot wide alley lying between the above described Lot 6 and the Go- 406 • • above described TRACT "A". This action was confirmed by City Commission Resolution 5. The Certificate of Title Examination, dated April 14, 2000, signed by Patricia K. Green, Attorney, indicates that the fee simple title to the property platted is correctly vested in Wynwood Tower Apartments, Ltd., a Florida Limited Partnership, and Paolo Commetto, a single man, and the Plat has been correctly executed. 6. The area platted is encumbered by mortgages and the mortgage holders have executed the Plat and joined in its dedications. 7. In accordance with the requirements of Chapters 54 and 55, of the Code of the City of Miami, Florida, a Letter of Credit, No. S207164, in the amount of $24,470.00, has been executed by Northern Trust Bank of Florida. This Letter of Credit will accompany the Agreement between the City of Miami and the aforementioned Wynwood Tower Apartments, Ltd., a Florida Limited Partnership, and Paolo Commetto, a single man, principals, to guarantee the following: REMOVAL OF APPROXIMATELY 430 SQUARE FEET OF EXISTING CONCRETE SIDEWALK CONSTRUCTION OF APPROXIMATELY 1,453 SQUARE FEET OF 4 -INCH NEW CONCRETE SIDEWALK REMOVAL OF APPROXIMATELY 39 SQUARE YARDS OF ASPHALTIC PAVEMENT REMOVAL OF APPROXIMATELY 538 LINEAR FEET OF 6 -INCH CURB AND GUTTER CONSTRUCTION OF APPROXIMATELY 538 LINEAR FEET OF 6 -INCH CURB AND GUTTER REMOVAL OF APPROXIMATELY 50 LINEAR FEET OF CHAIN LINK FENCE PROVIDING AND INSTALLING OF APPROXIMATELY 3,953 SQUARE FEET OF SOLID SOD (INCLUDING SOIL AND TOP DRESSING) REMOVAL OF FIVE (5) TREES Ej El PROVIDING AND PLANTING FOUR (4) PINK TRUMPET TREES (TABEBUTA HETERO PHYLLA), INCLUDING ROOT GUARDS PROVIDING AND PLANTING ONE (1) MEXICAN FAN PALM (WASHINGTONIA ROBUSTA) 8) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. FranK R. city surveyor • OPINION OF TITLE To: CITY OF MIAMI, a municipal corporation 46 With the understanding that this Opinion of Title is furnished to CITY OF MIAMI, FLORIDA in compliance with Section 55-8 of the Miami City Code and as inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined the complete Lawyers Title Insurance Corporation Title Insurance Commitment, issued under case number 0001046, completely covering the period from the beginning to April 14, 2000, at 8:00 a.m. (the "Title Commitment"), inclusive, of the following described real property: Exhibit "A" Attached hereto Basing our opinion on said complete Title Commitment covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Wynwood Tower Apartments, Ltd., a Florida limited partnership and Paolo Cometto, a single man Subject to the following encumbrances, lien, and other exceptions: GENERAL EXCEPTIONS: 1. Taxes and assessments for the year this opinion is rendered and subsequent years. 2. Rights of persons other than the above owners. 3. Zoning and other restrictions imposed by governmental authority. 4. Facts that would be disclosed by an accurate survey. 5. Any unrecorded labor, mechanics' or materialmens' liens. 6. Unpaid municipal liens, including liens for water, sewer, gas and waste, if any. SPECIAL EXCEPTIONS: 1. Mortgage in favor of Capital Bank dated November 2, 1995, recorded November 8, 1995, in Official Records Book 16983, at Page 3383, of the Public Records of Dade County, Florida. 6-10- :1h W V' • • 2. Mortgage in favor of The Wolfson Initiative Corporation dated January 4, 1999, recorded January 6, 1999, in Official Records Book 18422, Page 469, of the Public Records of Miami -Dade County, Florida. 3. Easement as set forth in Covenant Running with the Land, dated as of November 29, 1967, recorded December 1, 1967, in Official Records Book 5734, Page 704, of the Public Records of Dade County, Florida. 4. Restrictions as shown on the Plat of Wynwood Tower, recorded in Plat Book 155, Page 54, of the Public Records of Miami -Dade County, Florida. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a good and property title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as WYNWOOD TOWER REPLAT. SPECIAL NAME INTEREST EXCEPTION NUMBER Wynwood Tower Apartments, Ltd., a Florida limited partnership Fee Simple Owner Paolo Cometto, a single man Capital Bank, or its successors in interest The Wolfson Initiative Corporation Fee Simple Owner Mortgagee Mortgagee I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 1" day of May, 2000, STEARNS WEAVER MILLER WEISSLER ALH,AaFJFF & SITTERSON, P.A. ( VBy: Patricia K. Green, Esq. Florida Bar No. 660809 150 West Flagler Street, Suite 2300 Miami, Florida 33130 GAW-PKG\35360\003\0pinions of Title\Opin-May OO.RePlat m TO FROM 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission D 1 H. Warshaw City Manager RECOMMENDATION: DATE : MAY _ " 2000 FILE : SUBJECT: WYNWOOD TOWER REPLAT: Resolution Accepting Proposed Record Plat Located between NE 2 Ave. REFERENCES: And NE 2 Ct . and between ENCLOSURES: NE 23 St. and NE 24 St. It is respectfully recommended that the City Commission adopt a resolution accepting the plat WYNWOOD TOWER REPLAT and approving recording the same in the Public Records of Miami -Dade County, Florida. BACKGROUND: The Department of Public Works has -reviewed this plat, and has determined that it is now in order for acceptance by the Cit -y Commission. The proposed record plat entitled WYNWOOD TOWER REPLAT is a replat of Lot 6, Block 13, EDGEWATER, Plat Book 2 at Page 1.3, as recorded in the Public Records of Dade County, Florida, and of TRACT "A", WYNWOOD TOWER REPLAT, Plat Book 155 at Page 54, as recorded in the Public Records of Miami -Dade County, Florida, and of the 10 -foot wide alley lying between said Lot 6 and said Tract A, all lying in Section 30, Township 53 South, Range 42 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) tract containing 1.62 ± acres. It is zoned C-1. Also attached are the following documents necessary for the City Commission to consider in making their decision: 1) Resolution accepting the Plat 2) Engineering Report 3) Plat and Street Letter 4) Print of Proposed Record Plat DHW/AR/JHJ S2 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Co ss' n FROM: Alejandro Vilarello, City Attorn �•--�' DATE: May 5, 2000 RE: Resolution accepting the Wynwood Tower Replat (J-00-441) Resolution relating to the release of a zoning covenant running with the land for the property 2346 NE 2ND Court, Miami, FL (J-00-439) The attached Resolutions have been prepared at the request of Commissioner Johnny L. Winton. for the May 11, 2000 City Commission Agenda. W442:RCL