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HomeMy WebLinkAboutR-99-0259!. J-99-303 4/15/99 RESOLUTION NO. 9 9 259 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED J. C. SUBDIVISION, 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; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN _ IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; 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. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled J. C. SUBDIVISION, is a replat of Lots 1, 2, 3, 4 and 5, FIVE HULL STREET BUILDING LOTS, Plat Book 13 at Page 65, lying in Section 6, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida, 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 ATTACH EN1 (S) C®KTAIED v MEETING OF, APR 2 7 1999 Resolution I" 99- 259 r i I existing and future planting, trees and shrubbery on said property, are also hereby accepted and confirmed by the City of Miami, Florida. Section 2. The Covenant To Run With The Land executed by Carlos Hernandez, also known as Carlos M. Hernandez, a married man, postponing the immediate construction of street improvements (curb and gutter, pavement and drainage) on NORTHWEST 1st Street and NORTHWEST 51st Avenue, until such time as required by the Department of Public Works of the City of Miami, is hereby accepted, and the proper officials are directed to record said covenant after the plat has been recorded in the Public Records of Miami -Dade County, Florida. Section 3. 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 4. This Resolution shall become effective a - 2 - 99- 259 in il Li A LIM T. immediately upon its adoption and signature of the Mayor.11. PASSED AND ADOPTED this 27th day of April , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation no-',v becomes effective with the elapse of ten (10) days m the date of Cc issicn •-c!::n ATTEST • regarding same, without the Mayor exer .si g kkfiAer,l. Foeman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED T FORM CORRECTNESS: O LLO I ORNEY W3 7:GMM:hdb:RCL '-� 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. - 3 - 99- 259 Z' Donald H. Warshaw JAMES J. KAY, P.E. F ; Director ' Ito 11111 a City Manager 11 c �C0 0 October 8, 1998 Mr. Carlos Hernandez 6355 SW 22 Street Miami, FL 33155 J. C. SUBDIVISION NEW TENTATIVE PLAT #1529 Dear Mr. Hernandez: The City of Miami Plat and Street Committee, at its meeting of September 3, 1998, 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: • Give bearing for North line of proposed plat. - • In Note y3, reference City of Miami Zoning Ordinance No. 11000, as amended, not City of Miami Ordinance 11000, as amended. • Give a tie to the part of the existing building that lies closest to the South line of proposed Lot 2. Does it meet setback requirements? • Give a square footage area for the right-of-way to be dedicated -by this plat. • Identify existing property line as such. Show as solid line In main sketch. • Show proposed right-of-way line as a dashed line on main sketch. • Correct misspelled word "diameter" in surveyor notes. • Speak to Miami -Dade Water and Sewer Department for possible water main requirements. 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. 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 259 99 1k. R Mr. Carlos Hernandez J. C. SUBDIVISION - NEW TENTATIVE PLAT #1527 October 8,1998 Page two 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 S. 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. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, mes J. Kay, Chairman, Plat and Street Committee JJK/rjf Enclosure: Contact Sheet c: Wilson De la Torre 1401 S.W. 27 Avenue, 2nd Floor Miami, FL 33145 bc: q4wIVe` t Civil Engineering Central 99- 259 tr.. COVENANT TO RUN WITH THE LAND WHEREAS, CARLOS HERNANDEZ, a married nan a/k/a CARLOS M. HERNANDEZ, a married man (hereinafter referred to as 'the Owner" or "he" irrespective of actual gender and number, and meaning either singular or plural and including heirs, assigns and successors in interest thereof, where the context so requires or admits) is the present fee simple owner of a subdivision entitled J.C. SUBDIVISION as recorded in �r Plat Book at Page of the Public Records of Dad+ e County, Florida; and WHEREAS, The City of Miami, a municipal corporation in the State of Florida, in the Counpi of Dade, (hereinafter referred to as the "CITY'), pursuant to Chapter 54, of THE CODE OF THE CITY OF MIAMI, FLORIDA, requires the OWNER to construct or cause to be constructed at no expense to the CITY, the following improvements within the area and/or on the streets abutting said subdivision. street improvements (curb and putter, pavement and drainage} on N.W.lst Street and N.W. 51st Avenue and WHEREAS, the OWNER asks to be relieved of his obligations to construct the aforementioned improvements at this time, and in consideration of the forbearance of the CITY he agrees with the CITY that he will at his own expense construct the aforementioned improve.ments at such time in the future as he is notified by the CITY that the aforementioned improvements Ore necessar)tor desirable: 99- 259 NOW, THEREFORE, in consideration of the premises herein set out, the OWNER hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the OWNER, and without cost to the CITY, the aforementioned improvements within the area and/or on the street right-of-way abutting the aforesaid subdivision, upon thirty (30) days written notice from. the Director of Public Works of the City of Miami, Florida, addressed to the OWNER, at 6355 S.W. 22 Street, Miami, Florida 33155 It is expressly agreed that this obligation shall be binding upon the OWNER, his heirs, successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid subdivision or any portion thereof. In the event that the OWNER or any future fee simple owner of any lot in said subdivision shall fail to cause the aforementioned improvements to be constructed within the area, and/or in the street right-of-way abutting the property platted as herein provided within thirty (30) days after the mailing of the written notice from the Director of the Department of Public Works of The City of Miami, Florida, then the City Manager of The City of Miami, Florida, shall act as agent of the OWNER of any fee simple owner of any lot or parcel described in said written notice, which agency is hereby specifically created, and said City Manager shall cause the aforementioned improvements to be constructed at the expense of the OWNER and/or said fee simple owner, and the amount of such construction cost shall be declared and established as a lien on the property of such defaulting OWNER and enforced as any lien for materials famished and work and labor done, as provided under the Statues of Florida. 9 9 -- 25,9 I ^. IN WITNESS WHEREOF, the OWNER has caused this agreement to be executed this 23rd day of February A.D., 19 99 Signed, Sealed and Delivered OWNER in the Presence of: `� J 41CSS CARLOS HER ANDEZ, a married man a /,k / a CARLOS M . HERNANDEZ , LOURDES IBARRA a married man PRINT NAME 9364 SW 56 Terrace Mi ami Florida 33173 ADDRESS: CITY, S AT &ZIP CODE WITNESS ILEANA TARSAL PRINT NAME 2655 LeJeune Road, # 307 Coral Cables, Fl. 33134 PRINT NAME PRINT NAME ADDRESS: CITY, STATE & ZIP CODE PRINT NAME ATTEST: As Secretary Principal (Corporation) (Corporate Seal) As President ATTEST: As Secretary Principal (Corporation) (Corporate Seal) As President (SEAL) (SEAL) 99- 259 I STATE OF FLORIDA) COUNTY OF/ "/ AII-'Q/fAWJ I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, CARLOS HERNANDEZ , a married man a/k/a CARLOS M. HERNANDEZ, a married man Who is( rsonall known to me k>"lar tsoedxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxx2ixcespe0tvOFmx afta§M and who executed th foregoing instrument freely and voluntarily for the purposes thereon expressed and who did, Qo—j) take on oath. Witness: My hand and official seal this day of i-6AAv-21 A.D. 19�J' .. Signature of Person Taking Acknowledgement - Printed Name of Acknowledger Notary Public, State of FICLALNOTg� L Serial Number: (if any) pLouwrz i£OFFLORIDA My C -emission Expires F MMISSION NO. CC730682 OM ON W APR. 5,2002 99- 259 L t I t.. APPROVED: THIS INSTRUMENT WAS APPROVED AS TO FORM AND PREPARED BY: LEGALITY: &Z®f la/ L'/TYDFh�s` /f11�C�IG/� 99-- 259 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS MARCH 3, 1999 REPORT OF PROPOSED RECORD PLAT OF J. C. SUBDIVISION LOCATED AT NW. 1 STREET AND NW 51 AVENUE • A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled J. C. SUBDIVISION was prepared by Wilson de la Torre. 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 property platted is a repiat of Lots 1, 2, 3, 4 and 5, FIVE HULL STREET BUILDING LOTS, Plat Book 13 at Page 65, lying in Section 6, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of four (4) lots containing approximately 36,092 square feet. It is zoned R-2. 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 Wilson de la Torre, Registered Surveyor and Mapper, this Plat complies with the plat filing laws of the State of Florida. 4. The Certificate of Title Examination, dated /999 , signed by Lester G. Kates, Attorney, indicates that the fee simple title to the property platted is correctly vested in Carlos Hernandez, also known as Carlos M. Hernandez, a married man, and the Plat has been correctly executed. 99- 259 V- S. The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedications. 6. In accordance with the requirements of Chapters 54 and 55, of the Code of the City of Miami, Florida, a Cashier's Check in the amount of $6,157.00 has been tendered by the owner Carlos Hernandez, also known as Carlos M. Hernandez. This Cashier's Check has been deposited with the Director of Finance and will guarantee the completion of the subdivision improvements according to the provisions of the Agreement between the City of Miami and the aforementioned owner. The improvements required at the property platted are listed as follows: the removal of existing sidewalk, the construction of concrete sidewalk and asphaltic concrete pavement and the installation of solid sod. 7. The City of Miami Department of Public Works recommends that a covenant be accepted postponing the immediate construction of street improvements (curb and gutter, pavement and drainage) on N. W.1 Street and N. W. 51 Avenue. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. i Frank R. McMahon, Jr., P.S.M City Surveyor 99-- 259 CITY OF MIAMI, FLORIDA -CA=24 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM : f Donald H. Warshaw City Manager DATE : APR I 9 09,101FILE : SUBJECT : J. C. SUBDIVISION: Resolution Accepting Proposed Record Plat REFERENCES: Located at N.W. 1 Street and N.W. 51 Avenue ENCLOSURES: RR OMMRNDATTON: It is respectfully recommended that the City Commission adopt a resolution accepting the plat J. C. SUBDIVISION 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 City Commission. The proposed record plat entitled J. C. SUBDIVISION is a replat of Lots 1, 2, 3, 4 and 5, FIVE HULL STREET BUILDING LOTS, Plat Book 13 at Page 65, lying in Section 6, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of four (4) lots containing approximately 36,092 square feet. It is zoned R-2. Also attached are the following documents necessary for the City Commission tp consider in making their decision: 1) Resolution accepting the Plat 2) Engineering Report 3) Plat and Street Letter ),Print of Proposed Record Plat DHW/ / c: Raul Martinez, Assistant City Manager James J. Kay, Director, Public Works Department 99- 259