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HomeMy WebLinkAboutR-99-0647J-99-735 8/27/99 RESOLUTION NO. 6a r 4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED VILLA GLADYS 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; 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 City Department of Public Works recommends the acceptance of the plat; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled VILLA GLADYS SUBDIVISION, is a replat of the South M of. Lot 5 and all of Lots 6, 7, 8 and 9, Block 47, BRICKELL ESTATES, as recorded in Plat Book 17 at Page 52, of the Public Records of Miami -Dade County, Florida, lying in Section 38 - The Mrs. Hagan Donation, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida, the said plat of CITY" coMMISSIox Ni1AHTING OF SEP 2 1 1999 fieaolution Na a�1 i BRICKELL ESTATES is recorded in its entirety in Plat Book 17 at I Pages 50, 51 and 52, 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. 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 - 2 - J "` 6 47 immediately upon its adoption and signature of the Mayor.!/ PASSED AND ADOPTED this 21_ t day of September , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of ibis legislation by signing it in the designated place provided, said iec" 1ScameS effective with the elapse of ten (10) days tr the da:� rdisg same, without the Mayor ex cisin e ATTEST: i Waiter .Foe , City Clerk WALTER J. FOEMAN CITY CLERK TNESS :11b, W3710:GMM:hdb if 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 - oJ_ 647 14\tES I K N1 P 1. Dlrectw November 18, 1998 Mr. & Mrs. Eduardo Aionso 2130 S.W. 7 Avenue Miami, Florida 33129 Dear Mr. & Mrs. Alonso: VILLA CLADYS SUBDIVISION: TENTATIVE PLAT # 1478-C Donald H. Wars— t The City of Miami Plat and Street Committee, at its meeting of November 5, 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: 1. At the time of final plat submittal, an opinion of title will be required for the remnant of Lot 5 and the adjacent property to the Northwest. 2. Reference the tentative plat number as T-1478-C, not T-1478-B. 3. Remove existing dog cage and concrete pad. 4. Maintain proper vision clearances at driveways and street corners. Remove any obstructions before final plat submittal. Contact Leonard Heimers, Department of Public Works, at 305-416-1221. 5. Miami -Dade Water and Sewer Department (MDWASD) will require a water main extension along SW 22 Road. Existing sanitary sewers are sufficient. Contact MDWASD regarding any restrictions on use of waste water collection system. Contact Rafael Bailesteros, MDWASD, at 305.665.7477. 6. BellSouth will require a 5-foot easement for services along the northerly property line. 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. DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/13051416.1200/Fax:416.2153 Mailing Address: P.O. Box 330708 Mlami, Florida 33233.0708 -a n 09- G41 Mr. & Mrs. Eduardo Aionso VILLA GLADYS SUBDIVISION: TENTATIVE PLAT #1478-C November 18, 1998 Page two 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. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, James J. Kay P.E. Chairman, Plat and Street Committee JJK/FM/rjf Enclosure: Contact Sheet c: Wilson De la Torre 1401 SW 27 Ave. Miami, FL 33145 Plat and Street Committee Members bC: Surveys Civil central 9:J— 647 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS APRIL 20, 1999 REPORT OF PROPOSED RECORD PLAT OF VILLA GLADYS SUBDIVISION LOCATED AT SW 7 AVENUE AND SW 22 ROAD • A SUBDIVISION IN THE CiTY OF MIAMI, FLORIDA The accompanying Plat entitled VILLA GLADYS 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 replat of the South 1/2 of Lot 5 and all of Lots 6, 7, 8 and 9, Block 47, BRICKELL ESTATES, as recorded in Plat Book 17 at Page 52, of the Public Records of Dade County, Florida, lying in Section 38-The Mrs. Hagan Donation, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida -the said plat of BRICKELL ESTATES Is recorded in its entirety In Plat Book 17 at Pages 50, 51 and 52. The area platted consists of three (3) lots containing approximately 30,269 square feet. it is zoned R-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 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,signed by F. C. Mendigutia, Attorney, Indicates that the fee simple title to the property platted is v � 0647 correctly vested in Eduardo Alonso and Gladys Alonso, his wife, and the Plat has been correctly executed. 5. The area platted is not encumbered by mortgages. 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 $7,100.00 has been tendered by the owners, Eduardo Alonso and Gladys Alonso. This Cashier's Check has been deposited with the Director of Finance and it will guarantee the completion of the subdivision Improvements according to the provisions of the Agreement between the City of Miami and the aforementioned owners. The improvements required at the property platted are listed as follows: remove approximately 292 linear feet of existing curb, remove approximately 150 square feet of existing sidewalk, remove approximately 142 square feet of existing driveway approach, construct approximately 292 linear feet of new curb to match existing curb, construct approximately 142 square feet of new 6-Inch driveway approach, Install approximately 33 square yards of asphaltic concrete pavement adjacent to new curb and construct approximately 150 square feet of new 4-inch sidewalk. 7. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. -A" Frank R. McMahon, Jr., P9.M. City Surveyor J -� 4 7 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-46 AND CHAPTER SS THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, EDUARDO ALONSO and GLADYS ALONSO, his wife , (hereinafter referred to as the "Owner"), concurrently with the delivery of this Agreement, has applied to THE CITY OF MIAMI, FLORIDA, (hereinafter referred to as the "CITY"), for the acceptance and confirmation by the Commission of said City, of a certain proposed plat of a subdivision to be known as VILLA GLADYS SUBDIVISION , a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54.46 and Chapter 55, THE CODE OF THE CITY OF MIAMI, FLORIDA, requires that any proposed plat, submitted to said. Commission for acceptance and confirmation, shall be accompanied by an Agreement entered into by the owner of the land being platted, with the Director of the Department of Public Works on behalf of said City, for the construction of certain improvements therein enumerated, the performance of which Agreement sh?.JI be secured by a good and sufficient Performance Bond, Letter of Credit or Cashier's Check; NOW, THEREFORE, the owner hereby covenants and agrees with said City as follows: 1, Within one (1) year from the effective date of the acceptance and confirmation of said plat by the Commission of said City, or prior to the issuance by the City of Miami of a Certificate of Occupancy for the premises, the Owner will construct, or cause to have constructed, at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon the estimate of cost of said improvements, a copy whereof is attached hereto as Exhibit "B" and made. a part hereof. Although one year is allowed for the completion of the aforementioned improvements, it is not in the public interest that such construction of work should be prolonged to the extent that it would have a disorganizing effect upon the neighborhood. After the work is started, the Owner hereby agrees to prosecute said work progressively so as to complete It in a reasonable length of time as determined by the Department of Public Works. 2. In accordance with the provisions of said Chapter 54, Section 54.46 and Chapter 55, THE CODE OF THE CITY OF MIAMI, FLORIDA, the Owner herewith deposits with the City a Cashier's Check in the amount of 5 7 ,100.00 , which amount is not less than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus twenty-seven (27%) percent for engineering and contingent costs and damages, the conditions of the deposit thereof being such that if the Owner shall fully and faithfully perform the work in accordance with the terms of this Agreement and has submitted to the City of Miami Department of Public Works a letter from a Registered Surveyor and Mapper certifying that the Permanent Reference Monuments indicated on the Plat have been properly installed and are in place, the amount of said check shall be returned to the Owner; otherwise, in the event of the failure or neglect of the Owner to perform this Agreement, said check shall be applied by said City to the cost of constructing or completing the improvements, together with any engineering or contingent costs, and any damages direct or indirect, not to exceed twenty-seven percent (27%) thereof, which said City may sustain on account of the failure of the Owner to carry out and execute all of the provisions of this Agreement. Owner- further -covenants and agrees to pay the said City reasonable attorneys' fees in the event of the Owner's default. � - G- 4 7 L. _ IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate this 12th. Signed, Seated and Delivered in the Presence of: ATTEST: Secretary (Corporate Seal) ATTEST: Secretary (Corporate Seal) day of August , AD, 19 99 Owner: �/L-4jISEAU EDUARDO ALONSO (SEAU LADYS AL NS (SEAU Approved and accepted on behalf of the City of Miami, Florida, this ,��`h day of Ze A.D., 19 99 1 VE- BY: ctor, Dep en Public Works S 3 Opinion of Title To: CITY OF MIAMI, a municipal corporation 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 an 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 Abstract of Title completely covering the period from the beginning to August 12, .1999 , inclusive, of the following described real property: THE SOUTH 1/2 OF LOT 5,ALL OF LOTS 6,7,8 AND 9, IN BLOCK 47,OF BRICKELL ESTATE$,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, AT PAGE 52, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORI A., asung our opinion on said complete abstract 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: EDUARDO ALONSO and GLADYS ALONSO, his wife, Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner 3. Facts that would be disclosed. by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: Listing should include, but not be limited to such exceptions as: 6. Holder of Mortgage 7. Restrictions 8. Notice of Lis Pendens with explanation 9. Life Estate 10.Other 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 proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be. - known as VILLA GLADYS SUBDIVISION Name Interest EDUARDO ALONSO AND FEE SIMPLE GLADYS ALONSO, his wife Special Exception Number N/A 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 i 2t.b. day of _TA-gm,,qt _ .19 99. V{ept NAME OF FIRM F R ANDO C. ENDIGUTIA, ESQ. Emy oFFICIALurnrtvs�f. By'F.C. MENDIGUTIA F C MENDIGUTIA Name NARY PUBLIC STATE OF FLORIDA 1525 S.W. 18 Street COMMISSION NO.CC709270Miami, FL. 33145-2813 COMMISSION EXP. FEB.10,2002 Address 99- 647 STATE OF FLORIDA 1 COUNTY OF MIAMI•DAOE) I Hereby Certify: That on this day, personalty appeared before me, an officer duly authorized to administer oaths and take acknowledgments, EDUARDO ALONSO and GLADYS ALONSO, his wife, who)ddare) personally known to me amx* iaavo>pmMc"x an respectively as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did tOkkARB take an oath. Witness: My hand and official seal this I 2th. day of august A.D., 1999 . r Signature of Person Taking Acknowledgment: Print Name of Acknowledger F. C.MENDIGUTIA Notary Public, State Of FLORIDA L7E- 't���'S'ALSerial Number: of any) N/A 13LICSTATEOFFLQRIDAMy Commission Expires February 1 2002COMM1ION NO. CC7M70 53IOti FRCP. FEB i0''" APPROVED: This Instrument Prepared by Department of Law City of Miami; Florida 05— 647 EXHIBIT "B° TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA ' and EDUARDO ALONSO AND GLADYS ALONSO FOR IMPROVEMENTS AT VILLA GLADYS SUBDIVISION LOCATED AT SW 7 AVENUE AND SW 22 ROAD REMOVE APPROXIMATELY 292 LINEAR FEET OF EXISTING CURB $ 730.00 REMOVE APPROXIMATELY 150 SQUARE FEET OF EXISTING SIDEWALK $ 150.00 REMOVE APPROXIMATELY 142 SQUARE FEET OF EXISTING DRIVEWAY APPROACH $ 142.00 CONSTRUCT APPROXIMATELY 292 LINEAR FEET OF NEW CURB TO MATCH EXISTING CURB $2,336.00 CONSTRUCT APPROXIMATELY 142 SQUARE FEET OF NEW 6-INCH DRIVEWAY APPROACH $ 568.00 INSTALL APPROXIMATELY 33 SQUARE YARDS OF ASPHALTIC CONCRETE PAVEMENT ADJACENT TO NEW CURB $ 430.00 CONSTRUCT APPROXIMATELY 150 SQUARE FEET OF $ 450.00 NEW 4-INCH SIDEWALK 10% CONTINGENCY $ 480.60 17% ENGINEERING AND INDIRECT COST $ 898.72 TOTAL ESTIMATED COST OF IMPROVEMENTS $6,185.32 AMOUNT OF CASHIER'S CHECK $7,100.00 (115 percent of the cost of Improvements) 1 m OCEAN MIAMAMI, FLORIDA ORVDA BR. _. - No. 390544 REMITTER:-CIUARDD & LADYu_-ALON.'Cl+'''' --- -. __ 19__.99 63-tIJ9 660 Pay to the Order of •�+arz' OF Z�Yfg�o�e ����• - -- j''3, rs AUTHORIZED SfGNA RE NOTICE TO CUSTOMER! ITIE CASHIER'S CHECK lDO I"ttV'It J1 ncPlA RE/U°MEOI 5 LOST, MISPLACED On Si ULI.N AAP 111390544"' 1:06601113921: 010001485011'01 CITY OF MIAMI, FLORIDA CAw22 INTER -OFFICE MEMORANDUM TO The Honorable Mayor and DATE Members of the City Commission SUBJECT: FROM : REFERENCES Do(ald H . Warshaw ENCLOSURES: City Manager AUG 10 �;• FILE VILLA GLADYS SUBDIVISION: Resolution Accepting Proposed Record Plat Located at SW 7 Avenue and SW 22 Road It is respectfully recommended that the City Commission adopt a resolution accepting the plat VILLA GLADYS SUBDIVISION and approving recording the same in the Public Records of Miami -Dade County, Florida. 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 VILLA GLADYS SUBDIVISION is a replat of the South M of Lot 5 and all of Lots 6, 7, 8 and 9, Block 47, BRICKELL ESTATES, as recorded in Plat Book 17 at Page 52, of the Public Records of Dade County, Florida, lying in Section 38-The Mrs. Hagan Donation, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida -the said plat of BRICKELL ESTATES is recorded in its entirety in Plat Book 17 at Pages 50, 51 and 52. The area platted consists of three (3) lots containing approximately 30,269 square feet. It is zoned R-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 Pri t of Proposed Record Plat DHWjJf c: Raul Martinez, Assistant City Manager. James J. Kay, Director, Public Works Department 2 9 647