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HomeMy WebLinkAboutR-96-00161/8/960 6 RESOLUTION NO. J A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PL ENTITLED'-KORTH ESTATES, A SUBDIVISION IN THE CITY F MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICKORUN ONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT ' WITH THE LAND POSTPONING THE IMMEDIATE CON RUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING A DIRECTING THE CITY MANAGER AND CITY CLERK TO EXEC• E THE PLAT; AND PROVIDING FOR THE RECORDATION OF S 'D PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORID`. WHEREAS, the City Department o -Public Works recommends the acceptance of the plat;. NOW, THEREFORE, BE IT RESOL ,D BY THE OMMISSION OF THE CITY OF MIAMI, FLORIDA: VV Section 1. The pla entifle ORTH ESTATES, a re- 4 subdivision of Lot 23, E RADA, Pl Book 5, Page 64, along with that parcel of land 1 ng Faster of the East bou dary of said Lot 23, all lying n Sectio 8, Township 54 ��1 , Range 41 East. Citv of iami, Dad County, Florida „ and all more I i .y dP cribe on e attac ATTA MENT 1, which plat i ce is made art h f as i lly incorporated i. subject to ll of t cond:it ons required by the l street Committee as set forth as Exhibit "A" attached hereby accepted. The dedications shown on the plat with the dedications to the perpetual use of the all existing and future planting, trees and shrubbery on said property, are also hereby accepted and confirmed by the City of Miami, Florida. ATTACHMENT (S)I i C6?MTiBitdEfl CITY COMMISSION MEETING OF JAN 2 5 1996 Resolution No. 96 16 US Section 2. The Covenant To Run With The Land, executed by James W. Korth and Anne MacDonald —Korth, his wife, postponing the immediate installation of landfill on Lot 1 of KORTH ESTATES 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 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 Dade County, Florida. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of January , 1996. ATTEST: WA TER FOEMAN CITY CLERK PREPARED AND APPROVED BY: 'G.-MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: e A NN J N III CIT ATTOR Y MM F4G 4 'W to A STEP N P. CLARK, AYOR too.", ntia of o LEE rcw CESAR H. ODIO - WALDEMAR E. City Manager Director malt mum) ., „ „ November 3, 1995 Mr. & Mrs. James W. Korth 4220 Douglas Road Coconut Grove, Florida 33133 Dear Mr. & Mrs. Korth: TENTATIVE PLAT 41467--B The City of Miami Plat and Street Committee, at its meeting of November 2, 1995, 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 satis�)<ed - Meet requirements of utility companies. A clearance letter from each utility company will be required prior to submission of final plat legislation to City Commission. - Letters from FIRS and DERM required for septic tanks. -Provide State plane coordinates on final plat. - Final plat to be drawn on 30 x 36 inch mylar. 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 right-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. Z 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 easement may be required on the property being platted. DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6856 9 6 — 16 Page Two Letter to Mr. & Mrs. James W. Korth November 3, 1995 3. A building permit will not be issued on the property being platted until life 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 and Inspection Services 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 sheetfor the appropriate person to contact. Sincerely, James J. ay, P.�9 Chairman, Plat & Street Committee JJK/bd c All South Surveyors, Inc. Plat and Street Committee Members File Encl. 96- 16 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS November 30, 1995 REPORT OF PROPOSED RECORD PLAT OF KORTH ESTATES Located between the end of Stewart Avenue and and Biscayne Bay A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled KORRTH ESTATES was prepared by All South Surveyors, 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 property platted is a re -subdivision of Lot 23, ENTRADA, Plat Book 5, Page 64, along with that parcel of land lying Easterly of the East boundary of said Lot 23, all lying in Section 28, Township 54 South, Range 41, East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots and two (2) tracts having a total area of 69,360 square feet (1 .59 + acres) . It is zoned R-1 , SD-18. (2) The location of the streets and the widths conform with the t i 4 standards of the Department of Public Works of the City of } Miami, Florida. 1' (3) As certified to by Charles W. Carr, Registered Surveyor and Mapper, this Plat complies with the plat filing laws of the State of Florida. is i i 95- 16. f f� . (4) (5) (6) (7) (8) The Certificate of Title Examination, dated signed by Gilberto Pastoriza, Attorney, indicates that the fee simple title to the property platted is correctly vested in James W. Korth and Anne MacDonald -Korth, his wife, and the Plat has been correctly executed. The area platted is encumbered by mortgages and the mortgage holders have executed the Plat and joined in its dedications. In accordance with the requirements of Chapter 54, of The Code of the City of Miami, Florida, a Cashier's Check in the amount of $20,000.00 has been tendered to the City of Miami. The 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 James W. Korth and Anne MacDonald -Korth, his wife. The improvements required at the property platted are listed as follows: Landfill on Lot 2 of KORTH ESTATES. The City of Miami Department of Public Works recommends that a covenant be accepted postponing the immediate installation of landfill on Lot 1 of KORTH ESTATES until such time as the existing structure on said Lot 1 is demolished. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. G Frank-R. Mc ahon, Jr City Surveyor FM:aa 96- 16 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 54.5-8 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 Owner's Title Insurance Policy No. 113-00-741329 issued by Lawyers Title Insurance Corporation dated March 25, 1994 and certified computer update from Attorneys Title Insurance Fund Inc. completely covering the period from the beginning to December 14, 1995 at 11:00 p.m., inclusive, of the following described real property: (Describe only realty to be subdivided) Lot 23, of "ENTRADA", according to the plat thereof, as recorded in Plat Book 5, at Page 64 of the Public Records of Dade County, Florida. ALONG WITH That parcel of land lying easterly of the east boundary line of said Lot 23, and described as commencing at the southwest corner of said Lot 23, thence run N 88-55-00 E a distance of 200.00 feet to the point of beginning; thence run north 330.00 feet along the easterly boundary of said Lot 23 and parallel to the westerly boundary line of said Lot 23 to a point, on the south bank of South Canal, said South Canal is shown on said plat of "Entrada"; thence meander southeasterly along the easterly face of a seawall 330 feet more or less to a point; thence run S 88-55-00 W 17.00 feet to the point of beginning. 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: James W. Korth and Anne,MacDonald-Korth, his wife GENERAL EXCEPTIONS All taxes for the year in which this opinion is rendered and subsequent years. Rights of parties in possession other than the above 96_ f6 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanicsor materialsmens` liens. 5. Zoning and other restrictions imposed by governmental authority. _j SPECIAL EXCEPTIONS See Attached Exhibit "A" 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 KORTH ESTATES. SPECIAL EXCEPTION NAME INTEREST NUMBER James W. Korth and Anne MacDonald -Korth owners his wife Rye B. Page Mortgagee 4 a single man CitiBank Federal Savings Bank Mortgagee 10 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. c% Respectfully submitted this Z? day oember, 1995. I 1 Gilberto Past Printed Name EXHIBIT "A" 1. Easements or claims of easements not shown by the public records. 2. Claims of the State of Florida based on the doctrine of the state's sovereign ownership of lands lying beneath navigable waterbodies, or land lying beneath tidally f influenced waters. 3. Covenants, conditions, restrictions, easements, terms, and other provisions shown on the Plat ENTRADA, as recorded in Plat Book 5, Page 64 of the Public Records of Dade County, Florida. y 4. Mortgage from James W. Korth and Anne MacDonald -Korth, j his wife, to Rye B. Page, a single man, in the amount of $1,600,000.00 dated March 25, 1994 and filed for record March 25, 1994 under Official Records Book 16296, Page j 238, subsequently modified by instrument recorded in Official Records Book 16413, Page 601, both of the Public Records of Dade County, Florida. I 5. Document from the United States Department of Interior Bureau of Land Management recorded April 29, 1994 in Official Records Book 16340, Page 3898 of the Public Records of Dade County, Florida. 6. Document from the United States Department of Interior Bureau of Land Management recorded June 2, 1994 in Official Records Book 16386, Page 1537 of the Public Records of Dade County, Florida. 7. Declaration of FLPPLC recorded in Official Records Book 16693, Page 1352 of the Public Records of Dade County, Florida. 8. Agreement limiting future advance recorded in Official Records Book 16842, Page 4800 of the Public Records of t Dade County, Florida. 9. Consent Agreement recorded in Official Records Book l 16842, Page 4802 of the Public Records of Dade County, Florida. 10. Equity Source Account Mortgage in favor of CitiBank Federal Savings Bank dated June 30, 1995 recorded July 10, 1995 in Official Records Book 16842, Page 4805 of the Public Records of Dade County, Florida. ` 289001/opinion COVENANT TO RUN WITH THE LAND WHEREAS, JAMES W. KORTH AND ANNE MACDONALD-KORTH, HIS WIFE (hereinafter referred to as "the Owner" or "he" irrespecttve 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 KORTH ESTATES as recorded in Plat Book at Page of the Public Records of Dade County, Florida; and WHEREAS, The City of Miami, a municipal corporation in the State of Florida, in the County 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. In the event that the existing structure on Lot 1 of said plat is demolished, LANDFILL will be required to the elevation indicated on the Flood Criteria Maps of Dade County and in accordance with City of Miami Code 54.5-13d and WHEREAS, the OWNER asks to be relieved of his obligation 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 improvements at such time in the future as he is notified by the CITY that the aforementioned improvements are necessary or desirable; 96- 16 twig.- d \ 1 . NOW, THEREFORE, in consideration of the premises herein set out, the OW14ER hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the 0'.'::ER, and without cost to the CITY, the aforementioned improvements .:,thin 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'OWN'ER, at 3575 Stewart Avenue, Miami, Florida 33133 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 form 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 `mitten notice, which agency is hereby specifically created, and'said City Manager shall cause the aforementioned improvements to be constructed at- the expense of the 0111dER and/or said fee simple owner, and the amount of such cons- truction cost shall be declared and extablished as a lien on the property of such defaulting OWNER and enforced as any lien for materials furnished and work and labor done, as provided under the Statutes of Florida. 1 IN WITNESS WNER€0the OWNER has caused this agreement to be executed this (,�day of z'J-,,.� A.D., 19 ('• r . Signed, Sealed and Delivered OWNS e Presence of: C James W.//Kortb P�R IRT—NAM i Ws-7 -<�.td- r 3"--' 33177 d C0D (SEAL) Anne MacDonald -Korth his wife PRINT ` L "' 1-M�fl STAIL 9 Z17 ME i ATTEST: r nc pa (Corporation) As Secretary (Corporate Seal) As President ATTEST: As Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF DADE ) I Hereby Certify: That on this day, personally appeared before me, an officer duly authortxed to admintster oath dd take acknowledgements. JAMES W. KORTH AND. ANNE MACDONALD-K R"A his wife instrument freely and voluntarily, for the parpeses sworeen expressed and who did (did not). take an oath. wit ess: My hand and wicial seal this day of 0,,9 c w-Ltf . A.D. 19 LA . Signature of Person Taking Acknoaledgeafe f Printed Name of Acknowledgerz5 \k yy h' l'A rta-� Notary Public. State of�r,� Serial Number: (if any) FFICIAL NOTARY-9FJUC— My C o nm i s s i on E x p i re s mot, GiLBFMO PASMRIZA NLiARY PUBLIC STATE OF FLO 1 EXP. APR. &I APPROVED: ,............ram.. DIRECTOR OF PU-BLIG WORKS '�i:S INSTRUMENT WAS ✓PEPARED BY: APPROVED AS TO FORM AND LEGALITY: i 96- 16 r AGREEHENT FOR CONSTRUCTION OF "CldtTAIN INFMINSM PURSUANT TO MVISIONS 0 CHAPTER 54, SECTION 34-30 AND CVAr= 34.3 THE CODE OF THE CITY OF PiIANY,.Ma= WHEREAS,• JAMES W. KORTH AND ANNE 060ONALD-KOR31 his wife (here inaf ter referred to as the "Owner"), concurr y with .tb e delivery of this,Agreement, bas applied to TSX CnT QT Hr"Z, FLORIDA, (here inaf ter.;:oferrod to as the "City% for the acceptance and confirmation by the Coudsolon of said City, of a certain proposed plat of a subdivision to bpi known as g g n2:.. fS _ a copy of ebich proposed plat is attached hereto and made a part hereof as ambit "A"a and 'WHEREAS, Chapter 54, Section 54-30 and Chapt" 54.5, TO CODS QV THE CITY OF•MIAMI, FLORIDA, requires that any proposed plat, submitted co said Commission for acceptance and confiroation shall be aecoWanied by an Agreement entered into by the Owner of -the land being platted, vi ch the Director of the Department of Palle Works on behalf of • said � 4 City, for the construction of certain improveaents therein en=wrated, the performance of which Agreement shall be saeured by .a goQd sad sufficient Performance Bond, Letter of Credit or Cashier's Ohecki NOW, THEREFORE, the Oyaeier hereby covenants 'and agrees with I said City as follows: 1. Within one (1) year from the effective date of t1W acceptance and confirmation of said plan by the Co®ission of said City, or prior to the issuance by the City of.Piiami of a Ceartfficats of Occupancy cupay for the premises, the Owner will construct, or cause to have constructed, at his own expense and in accordance with standard Mmalficatious of • i sa{.d City, all improvements ae are listed and described upon the e s c inate of cost of said improvements, a eM •goof is attached . ; 04 hereto as Exhibit "B" and made a part hereof. Althsa".fi- one gear is allowed for the completion of 'the aforementioned IVrovvnents.,it is not in the public interest that such c=struction work ,should be prolonged to the extent that it Would have a disorgansing affect upon the neighborhood. After the work ls.start®d, the Owner hereby agrees to prosecute said work progressively so as to cosVlete it in a reasonable length of time &q determined by the Departnent of Public Works . 2. In accordance With the provisions of said Cater 54, Section S 4 - 30 and Chapter 54.5. THS CODE OF THZ* Cl= I' XLUa, =, the -ner herewith deposits With the City a Cashier1r Cheek in the meoupt of $ 20,0 .00 rsidwiw w�ieh amount is not les's than oar hundred (100%) . • percent of the estimated cost of the construction of the *LWrovexents listed in the attached Exhibit "811; plus twenty- (27%) percent for engineering or contingent costs and da mSes, the conditions of the deposit thereof being such that if the Ommr shall fully and faithfully perform the work in accordance with the tenses of this Agresmmt and has subcaicte.d to "tha .City of Miami Department of Public Works a letter from a Registered sand Surveyor certifying that .the Porma: unt Reference Xcnuments indicated on the Plat have been installed and properly placed, the amount of said check sbsll be returned to -the Orsar; otherwise, in the event of the failure or neglect of the Owner to perform We Agreemant, said check.shall be applied by paid City to the cost of constructing or completing the improveMnts, togethoirvith any engineering or contingent costs, and any daamagea direct or,indirect, no c to exceed twenty w(2,,) percent thereof, Which said City tray sustain on account of the failure of the'Ownsr to caste out and execute all of the provisions'Of this Agreement*. Owner further ccvenants and agrees to pay the said City reasonable attorney's fads in the even.; of the Owner's defaults n rr 4 n I IN WITNESS ~V7MREOF j the Owner h", caused this ASY'®ement to be executed in triplicate this day of Q A.D. , I9 � f Signed, Sealed and Deliv ed the Presence : t' �4 (SEAL) A- �✓ ames W . Korth x (SIL�ALj L7 Anne MacDonald -Korth, his wife . ' (sue) t ATTEST: Secretary princIpal (CorpoFa—tion) (Corporate Seal) Frosld4nt ATTEST: . ecratary P"FECIP&I MorporaElBn) (Corporate Seal) .• %� Prosidant Approved and accepted on behalf'of tha City of Hisait Florida, this day of Ll�ce�16cr- A,.D. 19. 0 STATE OF FLORIDA ) ) SS COUNTY OF DADE ) I Hereby Certify: That on this days personaliy a 'eared before me, an officer duly authorized to administer oaths and take acknowledgements, JAMES W. KORTH AND ANNE MACDONALD-KORTH, his wife r who are personally MR instrument -freely and voluntarily, f-or the porposes tioreen expressed and who did (did not) take'an oath. K ui the s: My hand . and official seal this 2% day of _. A.D. 19 `i( _ Signature of Person Taking Acknoaledgew Printed Name of Acknowledger Notary Public, State of Serial Number: (if any) L- My Commission Expires �PAS=RmA my PUBLIC SiAU OF FtARIDA hi615i02d EXP. APR:?b7997 APPROVED: WttUe—. UCIC WORKS This Instrument Prepared by Department of Law City of Miami. Florida I $14,625.00 $1,4, 6 25.00 $ 1 ,462.50 $ 2,734.88 i TOTAL $18,822.38 AMOUNT OF CASHIER'S CHECK $20,000.00 I i I r �I i I EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and JAMES W. KORTH AND ANNE MACDONALD-KORTH FOR IMPROVEMENTS AT KORTH ESTATES Located between the end of Stewart Avenue and Biscayne Bay i INSTALLATION OF LANDFILL Approximately 1,950 Cubic Yards on Lot 2 of Korth Estates ESTIMATED COST OF IMPROVEMENTS (1.0 0) CONTINGENT (1 7%) ENGINEERING AND INDIRECT COSTS Cashier's Check No. 0176248 99 z� WO NBD Bank, N.A. Detroit, Michigan Issuing ; Location B-r �9 -- Date _Novzmbe s g9�`-- Pay tothe**The City of,Miami, Florida*********************v.s.$ 20000.00*** order of -- -- -- il' ,J CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=2 To : Honorable Mayor and Members DATE of the City Commission SUBJECT : KORTH ESTATES: R� solution Accepting Propoged Record Plat Located°between the FROM : REFERENCES : End of Stews` rl t Avenue and Biscayne Bad city Cesar •Qro ENCLOSURES: r j� f• S RECOMMENDATION: It is respectfully recommended that .` e City Commission adopt a resolution accepting the plat K.� TH ESTATES and approving recording the same in the Public Re,ords of Dade County, Florida. BACKGROUND: The Department of Public Traor has reviewed this plat, and has determine that it is now ixi order for acceptance the City Commission.9 The proposed record plat entitled KORTH ESTATE is a re - subdivision of Lot 23, %TRADA, Plat Book 5, Page/64, along with that parcel of land lying Easterly of the Eas oundary of said Lot 23, all lying i Section 28, Township 5 outh, Range 41• East, City of Miam1, Dade County, Florida. Wa area platted consists of two ( 2. ' lots and two 2) tracts ;%,e g a total area of 69,360 square �'.et (1.59 + acre It is�zoned R-1 , SD-18. Also attached aa�e the following d umen n cessary for the City Commission to, onsider in making heir ion: (1) ;_solution accep the Pl t (2) ngineering Repo (3) Plat and Street better (4) Print of Propo Record Plat 16