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HomeMy WebLinkAboutR-99-0709J-99-780 9/8/99 r• RESOLUTION NO. �9 1 a 09 A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY COMMISSION, ACCEPTING THE PLAT ENTITLED DONDARA RIVER, 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 "DONDARA RIVER"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled DONDARA RIVER is a replat of the West 10 feet of Lot 113, "UTOPIA", Plat Book 8 at Page 94; as recorded in the Public Records of Dade County, Florida, and Lot 114, "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", Plat Book 42 at Page 75, as recorded in the Public QTTACHMANT CIS) Crry c4NQ+ arox FD=iNNG OF SEP291999 hosoludou No. Records of Dade County, Florida, lying in Section 29, 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 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 immediately upon its adoption and signature of the Mayor.!/ PASSED AND ADOPTED this 28th day of September , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the NAPvor slid not indicate approval of this legislation by signing it in the deg igr,atar ,.1 J. E,r. +ud, IiCi ierislatic; � no.,j becomes effective with the elapse of ten (10) da frorn th , date of torn sicn a-rtion regarding same, without the May r ,iercis to. ATTEST: N�alt 7 an, City Clerk WALTER J. FOEMAN CITY CLERK APPROVW AS )QRM LAD CORRECTNESS: t � � ,f TDRO VILARELLO C Y ATTORNEY W3751:GMM:RCL:eij i �i 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. i 3 - 99-- "%�i: March 10, 1999 ICSACorp. 4080 Woodridge Road Miami, FL 33133 Dear Ladies and Gentlemen: DONDARA RIVER -TENTATIVE PLAT #1552-13 The City of Miami Plat and street Committee, at its meeting of March 4, 1999, 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. Provide letters from HRS and DERM for site development. 2. The Plat and Street Committee has reviewed the proposed vacation and closure of the easement as part of this plat and finds that said closure meets the public interest requirements of Sec. 55-15 of the Miami City Code. 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 DEPARTMENT OF PUBLIC WORKS /444 SA. 2nd Avenu(/Miami, Florida 331 0!005)41o•1200/Fax:410.21 i i Mailing Address: 11.0. Box 330708 Mlami, Florida 332'11.0708 9 9 e 7 n ICSACorp. D®NDARA RIVER -TENTATIVE PLAT #1532-8 March 10, 1999 Page two 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, pia---. James J. Kay, P.E. Chairman, Plat and Street Committee JJ Klrjf Enclosure: Contact Sheet c: A. Fiore & ASSOC. 13721 S.W. 13 Street Miami, FL 33184-2702 bc: Surveys Civil Central 99- 709 THE CITY OF MIAM1, FLORIDA DEPARTMENT OF PUBLIC WORKS JULY 2, 1999 REPORT OF PROPOSED RECORD PLAT OF DONDARA RIVER LOCATED ALONG THE SOUTH SIDE OF MALAGA AVENUE BETWEEN LE JEUNE ROAD (SW 42 AVENUE) AND LA PLAYA BOULEVARD A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA • • r c • it The accompanying Plat entitled DONDARA RIVER was prepared by A. Fiore and Associates, Inc. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. 1. The property platted is a replat of the West 10 feet of Lot 113, "UTOPIA", Plat Book 8 at Page 94, as recorded in the Public Records of Dade County, Florida, and Lot 114, "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", Plat Book 42 at Page 75, as recorded in the Public Records of Dade County, Florida, lying in Section 29, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) lot containing approximately 6,036 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 Antonio Fiore, 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 6-foot wide easement on Lot 114, "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", as recorded in Plat Book 42 at Page 75 of the Public Records of Dade County, Florida. This action was confirmed by City Commission Resolution 99- 400. 59-- "/�� 5. The Certificate of Title Examination dated signed byfGe�r-ar .4 fiord ___, Attorney, indicates that the fee simple title to the property platted is correctly vested in I. C. S. A. CORPORATION, a Florida corporation, and the Plat has been correctly executed. 6. The area platted is encumbered by a mortgage and the mortgage holder has 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 Cashier's Check in the amount of $1,720.00 has been tendered by the owner, 1. C. S. A. CORPORATION. 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 I. C. S. A. CORPORATION. The improvements required at the property platted are listed as follows: construct approximately 22 square yards of 1-Inch asphaltic concrete driveway including 6-inch limerock base; provide and install approximately 875 square feet of solid sod including soil and top dressing. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. �RWM Jr. P...M. City Surveyor 99-- 709 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-46 AND CHAPTER 55 THE CODE OF THE CITY OF MIAMI, FLORIDA "I WHEREAS, thereinafter referred to as the ,Owner"l, concurrently with the delivery of this Agreement, has applied to THE CITY OF MIAMI, FLORIDA, thereinafter 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 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 shall 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 9 9 - 7000O 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 $ �, �_'-� �`'L' , 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. 994- 7109 L IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed In triplicate this J, day of _ �_ ��>�-' AD, 19. Signed, Sealed and Delivered in the Presence of: Owner: (SEAL) (SEAU _ (SEAU ATTEST: .mil ('2 � ecretary, Princip b(Corporation) &7 (Corporate Seal) President LJo2�,�� �•�L� ATTEST: Secretary (Corporate Seal) Principal (Corporation) President Approved and accepted on behalf of the City of Miami, Florida, this day of y A.D., 19 �'y BY: D 6�—or,De�parMi�ernit bI Works 99— " 110 CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in %ts name by its proper officer(s),and its corporate seal to -be affixed hereto and attested to by its Secretary, the day and year first above set forth. Signed, Sealed and Delivered l C- `.� /< <{ ; �' , 12A T in the Presence of: r '��.) 4. VyIT ESS _PRESIDENTZ_Aj?.-,�, Gc. PIZINT NAME PRINT ADDRESS CI STATE AND ZIP CODE ATTEST: )'�t ol_�— �+ SECRETARY ��%�a�oE �(,�oe-z.4 / �� /l q CORPORATE SEAL PRINT NAME ' PRINT ADDRESS CITY, STATE AND ZIP CODE STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) I hereby certify: That on this day personally appeared before me, an officer duly authorized, zo administer oaths and take /---, acknowledgments, and and res ectively of ,r "F d �i a !-t-_r /92 { ; d Corporation, who ar (is) por who have (has) produced and respectively as identification and who executed the foregoing instrument and acknowledged the execution thereof to be ! cii2_ free act and deed as such officer(s) for the purposes therein expressed and who did (q*g L no) take an oath. 99— na r'iU41 Witness: My hand and official seal this �50 day of ..3'L)OF- A.D., 19 qQ. Signature of Person Taking Acknowledgement: ck�z�—��--� Print Name of Acknowiedger >� �� • j� ��-, J--c,�,�y� Notary Public, State of Serial Number; of any) ¢. My Commission Expires:QEHC1ALN-----r------------ i SLIi1K5EAL R C MARTINUQUIBUS NOTARY PUBLIC STATE OF FLORMA COMMLSSION NO. CC767362 MY COMMISSION EXP. AUQ 1-3XM i r APPROVED: r i 5 Z s i RECTOR, DEP TMEN PUBLIC WORKS — s F i This Instrument Prepared by Department of Law City of Miami, Florida f { 99- �'� EXHIBIT " B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and I.C.S.A.CORPORATION FOR IMPROVEMENTS AT DONDARA RIVER LOCATED ALONG THE SOUTH SIDE OF MALAGA AVENUE BETWEEN LE JEUNE ROAD (SW 42 AVENUE) AND LA PLAYA BOULEVARD 4 4 4 4 4 4 CONSTRUCT APPROXIMATELY 22 SQUARE YARDS OF 1-INCH $ 286.00 ASPHALTIC CONCRETE DRIVEWAY (INCLUDING 5-INCH OF LIMEROCK SASE) PROVIDE AND INSTALL APPROXIMATELY 875 SQUARE FEET OF $ 875.00 SOLID SOD (INCLUDING SOIL AND TOP DRESSING) 10% CONTINGENCY $ 118.10 17% ENGINEERING AND INDIRECT COST $ 217.11 TOTAL ESTIMATED COST OF IMPROVEMENTS $1,494.21 AMOUNT OF CASHIER'S CHECK $1,720.00 (115 percent of the cost of improvements) 99- 709 C tL C_ ��I� � +Gt�WAt ,C•A� �S: t't�I�Y, 'F { !I 4 :r t ;� .. � �I �< pttroh&xar iC*A:GI7RPpRATIO��c####k#X####k#k###t Pay to date JUN 15,19 79 the order of CITY OF ;IAMI#>k#rK ##############tk######## ## ## # #it## $ #####t M1r7`0.00 ON THOUSAND SEVEN HUNDRED TWENTY AND Dollars �• DRAWER: FIRST UNION NATIONAL BANK Issued By IAiegrated payment Systems Inc., Englewood, Colorado uthorized Signature .,..KayWkWatknal Assocwnar, Denver, CalOrgdp lie 10049 Lill 1: 10 20039 181: 68000 960 584 56 ?o W CERTIFICATE OF INCUiMBENCt AND CORPORATE RESOLL?TIO\ I.C.S.A. CORPORATION STATE OF FLORIDA COUNTY OF DADE ) I, Javier Calafell the Secretary of I.C.S.A. CORPORATION (the "Corporation"), a Florida corporation, first being duly sworn on oath, does hereby represent and certify as follows: 1. That the following named individuals are the duly elected and presently incumbent officers and directors of the Corporation, holding the positions set forth opposite their names now and on the 24'h day of June, 1999. -r • i /�" Laura B. C.ala}ell President�r✓ Esteban Calafell Vice PresidentL Javier Calafell Tre/Sec/DirectorNSLal�/ — 2. That the following resolution was duly adopted by the Board of Directors of the Corporation by Unanimous Written Action dated the 24"' day of June, 1999: RESOLVED, that the Corporation deeming it to be of use and benefit to itself has agreed to submit for approval and execute and deliver any and all documents, surveys, contracts, opinions and/or other documents which may be necessary and/or required to the City of Miami to cause the replat of the property owned by the corporation and hereinafter described as follows: Parcel 1: The {Best 10' feet of Lot 113 of UTOPIA, according to the Plat thereof, as recorded in Plat Book S, at Page 94, of the Public Records of 4lianri-Dade Comtr v, Florida. Parcel 2: Lot 714 of the Corrected and Amended Plat of Lots 114 and 115 of U7'OPL-1, as recorded in Plat book 42, at Page 75 of the Public Records of illiand-Dade County, Florida. FURTHER RESOLVED, that the form, terms and conditions of the City of Miami and all other documents etecuted in connection therewith, copies of which have been exhibited to the Board of Directors, and Shareholders of the Corporation and have been approved in all 99- respects, and the ]'resident or other officers, are further authorized to execute and deliver all other documents which in their best judgments, are necessary to consummate the transaction contemplated herein. Dated the �� day of June, 1999. Laura . Calafell, President, Esteban Calafell, Vice Presiden{ Javier Calaf il, Secr6kary The foregoing instrument was acknowledged before me this-�dayof June 1999, by LAURA B. CALAFELL, as President, of I.C.S.A. CORPORATION, a Florida corporation, by and on behalf of the corporation. He is personally known to me and has produced a valid drivers license as identification and did not take an oath. My commissi.on ex I( OFRC14 NO'iAKI' D Nota blic, State of Florida RICt�tARD A WOOD rY NOTARY PL;BL c STATE OF FLOP IDA C04i.NtLSSION NO. CC787936 Print Name MY COMMISSION EXP. NOV.2,2002 The foregoing instrument was acknowledged before me this,4�� day ofJune 1999, by ESTEBAN CALAFELL, as Vice President, of I.C.S.A. CORPORATION, a Florida corporation, by and on behalf of the corporation. He is personally known to me and has produced a valid drivers license as identification and did not take an oath. My commission expires: u OFFICIAL NOTARY SEAL Notary bl , h' State of Florida RICHARD A WOOD l� _ /��� NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC787936 Print Name MY COMMISSION FAP. NOV.22002 The foregoing instrument was acknowledged before me this day of June, 1999. by JAVIER CALAFELL, as Secretary ofI.C.S.A. CORPORATION, a Florida corporation, by and on behalf of the corporation. Ile is personally known tome and has produced a valid drivers license as identification and did not take an oath. My con MIsSICfff ¢Pm:WTARYSEAL, RICHARQA WOOD Notary ub 'c, State of Florida NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC797936 MY COMMISSION EXP. NOV.2,2002 Print Name 6/24/99U:\USR\IZA W \C A LA FEL L. RI?S 99- "r®an o "S� 7%3T7• TT Y •1��blf�`atl���iisi�(�.�ar;i�\�;t)�►id Z � 1(�i� );;�,, +'Bepartnirnt of �§tatp I certify from the records of this office that I.C.S.A. CORP., is a corporation organized under the laws of the State of Florida, filed on June 19, 1992. The document number of this corporation is V44779. I further certify that said corporation has paid all fees due this office through December 31, 1999, that its most recent annual report was filed on January 28, 1999, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (t -99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-second day of June, 1999 �'����1f1jC1'I1lC 'rrrVt;u•Ie of _�t;itr L.. c1 e l 1-0 V aJ A.k` IDAV T OF MERGER AND NAJ%IY CHANGE First Union National Bank, a national bxiking aL4; iation, by and through its undersigned offieers certifies the following: l . On June 5, 199 ;' 1 irst Union National Banl of Georgia and First Uniou National Bares of Monds mtxpcd with amd into F,xst Union National 13.3nk of North Carol=, with the :*-ultira bank title being Fast Union National Bank, as cry idcm c:d by a copy of the avknoxiMpnent of the Ufbce of the Comptroller of the Currracy, Administrator of Na-f-ionai Backs, of notification of said merge: and t ;mie change; and 2. On Fcbruur} 26, I'M, First union National Bank (Charlotte, North C'aroliva) with ar.d wider the chatter and title of First Union National Bank (Avondale, Pennsylvania), w7th the resulting bank locaied in Charlotte, North Carolina, as mlldencrd by a copy of the acknowledgment of wile Office of the Comptroller of Me Cunr=ey, Adminni,,k a r of Nabonal Barb::, of noti5caation of said merger. 'Ms 25th day of Augtisl, 1999. FIRST UNION NATIONAL BANK By: Carol R. Mullis Vice Prcsident A T: T Assistant sec z-,CIary ^ Signed., sealed and delivered in the presence of: zry NO 64W i cpY19t3"Ief Of the Cufrertcy I Administrator of National Bank i Mttttir�aaonat Eiartia� Qivis�on 250 E street. SW wastungton, D.C_ 2Q219 June 4, 1997 'Mr. Robert L. Aatdcrscn Senior vice Prtrsiciem First Union Corporation 301 South College Street LEG-C:630, 3 I St Floor Charlotte, North Carolina '.8288-0630 De3: %IT. Andrz:u-n: This lmer :s the offix- al ccrafication of t1:e Office of the Cotnpttoll= of the Curre=Y for the x=g= of Firs. Uaw' u Natior-i; Bank of Gc ,gu, Adana. G=rgia. Ch.=.Nr. 'L1161, and First Union National Rank, of Florida, Jack-gonville, Florida, Cl=e; Nr. 17695. amb u)d into Fa-Tt Union Natioml Bank of North Carolina, Muiom-, North CarOUM, Charter NY. 156-50, effecidve June 5, 1997. The resultinf, Manic tide's R mt Union National Bank. (`tamer nurnber 15650. This It-ner aNcn serves as t.`re official aiuhormiion for Fim union ?National Bank. Charter N. r. 15650, to operate the fcr=r head offices of the targct institutions, as Branches at the following localiom: Popular Name : `?1at:-r S=ct Branch Popular tisane: 1 czch'.rne St-cz; Branch Brunch Number, l�Jb528A Branch Nwmt-�.,r. )ut;530A Addmr,s 225 Water Suet Addre-.: 999 pe- hU e Street Jaw, iLlr-, Eiotida Atllima, Georgia Bmzb authori�--ziimis prr-6u sly granLed to tlx: target instirrtioas aurcauaricaily C.ow'cy to the resulting Lank acel wffl not be reLs�ie-ci. Plsc furnish a copy of this u rti'icatr t.� pmot�r5-p i re3nsible for braaxtz a-1t„i�,ia 2iCrti. In the c'c."rIt of qucstiorLs, plc�u cot�act Ucensmg Mauuager Rkt= T. Erb at (202) 8-14- 4, i10. �4 Sincerely, J' �1 Mark H. Kryal Associwe Deputy Corvptrollr r Charter Number 15650 -%ppiication Control Number 97-ML-02-0006 .0-vww" ��Vtj ...YTRACT FROM TIIE BY-LAWS FIRST UNION NATIONAL BANK. Section 8.2 ENecution ol_instrun►ents. All agreements, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, notices, applications, schedules, accounts, affidavits, bonds, underinkings, proxies, and other instruments or documents may be signed, executed, acknovyledged, verified, delivered or accepted in behalf of the Association by the Chairman of the Board. the Vice Chairman of tl►e Board, any Chairman or Vice Chairman, the President, any Vice President or Assistant Vice President, the Secretary or any Assistant Secretary, the Cashier or Treasurer or any Assistant Cashier or Assistant Treasurer, or any officer holding similar or equivalent titles to the above in any regions, divisions or functional units of the :association, or, if in connection with the exercise of fiduciary powers of the Association, by any of said officers or by any Trust Officer or Assistant Trust Officer (or equivalent titles); provided, however, that where required, any such instrument shall be attested by one of said officers other than the officer executing such instrument, :kiiy such instruments may also be executed, acknowledged, verified, delivered or accepted in behalf of the Association in such other manner and by such other officers as the Board of Directors may from time to time direct. The provisions of this Section 8.2 are supplementary to any other provision of these By-laws. I HEREBY CERTIFY THAT the foregoing is a true and complete extract from the By - Laws of First Union National Bank, a national banking association, now in full force and effect; and that the following persons have been duly appointed and now hold the offices designated; and that the signatures set opposite their nVnes are thnuine signatures. Rosa Fernandez De La Osa Vice President �j�e-� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seat of said Association on July 29 , 1999. r'ULNC:37023-1 T, Assistant Secretary 39- "r'OJ Opinion of Title To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to the CITI' 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 Ticor Title Insurance Company Owner's Title insurance Policy No. 10 5708 106 00000226, together with a computerized printout completely covering tine period tiom the beginning to August 10, 1999 at 11:00 p.m. inclusive, of the following described property: The West 10 feet of Lot 113 of "UTOPIA", according to the Plat thereof, as recorded in Plat Book 8, at Page 94, of the Public Records of Dade County, Florida: and Lot 114 of "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", as recorded in Plat book 42, at Page 75 of the Public Records of Dade County, Florida. Basing 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: I.C.S.A. CORPORATION, a Florida corporation 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. Note 1998 taxes in the amount of $2,806.10 have been paid under folio number 01-4129-011-0010, on November 23, 1998 under validation number 1-53001. 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, 99- 709 I As to: The West 10 feet of Lot 11.3 of "UTOPIA ", according to the Plat thereof; as recorded in Plat Book 8, at Page 94, of the Public Records of Dade Count}, Florida 6. Easements, restrictions, conditions, limitations and all other matters appearing on the Plat of "UTOPIA", according to the Plat thereof. as recorded in Plat I3ook 3, at Page 94 ofthe Public Records of Dade County. Florida. 7. Agreement between I.C.S.A. Corporation, a Florida corporation and Metropolitan Dade County, as recorded in Official Records Book 17907, at Page 250, of the Public Records of Dade County, Florida. 8. Mortgage in favor of first Union National Bank of Florida , n/k,'a First Union National Bank, a National Banking Association, dated June 18, 1997 and recorded September 20, 1997 in Official Records Book 17798, at Page 2377 of the Public Records of Dade County. Florida. As to: Lot 114 of "Corrected & Amended Plat of Lots 1.14 and 115 of UTOPIA", as recorded in Plat book 42. at Page 75 of the Public Records of Dade Count), Florida. 9. Easements, restrictions, conditions, limitation and all other matters appearing on the "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", according to the Plat thereof, as recorded in Plat Book 45, at Page 75, of the Public Records of Dade County, Florida. NOTE: A reversionary interest existed in the above described Plat of the "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", however, any and all reversionary interests and or remainders were conveyed to the lot owner by virtue of that certain Warranty Deed dated January 31, 1995 and recorded February 8, 1995 in Official Records hook 16676, at Page 616 of the Public Records of Dade County, Florida. 10. Agreement between I.C.S.A. Corporation, a Florida corporation and Metropolitan Dade County, as recorded in Official Records Book 17907, at Page 250, of the Public Records of Dade County, Florida. 11. Mortgage in favor of First Union National Bank of Florida, n/1Ja First Union National Bank, a National Banking Association, dated June 18, 1997 and recorded September 20, 1997 in Official Records Look 17798, at Page 2377 of the Public Records of Dade County, Florida. 17terefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY 01: MIAM1, FLORIDA and the public, good and property title to the dedicated areas shown on tite final plat of the afi>redescribed property, the subdivision thereof to be known as: DONDARA RIVER Nance Interest Special Exception No. I.C.S.A. Corporation, Fee Simple Owner First Union National Bank of Florida (n/k/a First Union National Bank, a National Banking Association) Mortgagee 8 and 1 I 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. i Respectfully submitted this 1, day of August, 1999. KEITH NIACK LLP By: Richaed'A. Wood, Esq. i ADDRESS: 200 S. Biscayne Boulevard 20th Floor ± Miami, Florida 33131 i PHONE NUMBER: (305) 358-7605 !f i i f i a 911199\I:\ca1afc1"pinion.2 1 a F { r 1 99- "FAQ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 16 TO: The Honorable Mayor and DATE FILE Members of the City Commission DONDARA RIVER: SUBJECT : Resolution Accepting Proposed Record Plat Located Along the South FROM n d ,..� REFERENCES: Side of Malaga Ave. Warshaw Between Le Jeune Road City ManagerENCLOSURES: (SW 42 Avenue) and La Playa Boulevard r. It is respectfully recommended that the City Commission adopt a resolution accepting the plat DONDARA RIVER and approving recording the same in the Public Records of Miami -Dade County, Florida. RRRACK 4RO ND : 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 DONDARA RIVER is a replat of the West 10 feet of Lot 113, "UTOPIA", Plat Book 8 at Page 94, as recorded in the Public Records of Dade County, Florida, and Lot 114, "Corrected & Amended Plat of Lots 114 and 115 of UTOPIA", Plat Book 42. at Page 75, as recorded in the Public Records of Dade County, Florida, lying in Section 29, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) lot containing approximately 6,036 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 1 Print of Proposed Record Plat DHW/R /AJK C 1;� ._-7 c: Raul Martinez, Assistant City Manager James J. Kay, Director, Public Works Department 99- 1709 L