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HomeMy WebLinkAboutR-92-0012}} J-92-21 1 ` 12/11/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED GUERRA 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 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 Guerra Subdivision, is a replat of Lot 18, less the West 28 feet thereof, BlocK 4, KEW GARDENS (8-9), all lying in Section 33, Township 53 South, Range 41 East, City of 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 C1erK are hereby authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Dade County, Flo i9TY COMMISSION MEETING OF ATTAan NiE T JAN 9 1992 �� UB191E0 �# - � 2 ��l" 1k. IE Section 3. This Resolution immediately upon its adoption. PASSED AND ADOPTED this 9th 1992. ATTEST: Alf I R A CITY CLERK PREPARED AND APPROVED BY: %N\1\"-� CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: w shall become effective day of January - 2 - 9 2 - 12 11 lit#a of �iant- t' lLIS A. PRIETO-PORTAR, PH.D., P.E. 's� CESAR H. ODIo Director ��ou�� ��„„ �_ City Manager July 25, 1991 Mr. Lazaro Guerra 2760 S.W. 3rd Street Miami, Florida 33136 Dear Mr. Guerra: GUERRA SUBDIVISION - TENTATIVE PLAT *1406 The City of Miami Plat and Street Committee, at Its meeting of June 6, 1991, 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. - Designate a "Block 1" on plat. - Replace existing water main on N.W. 15 Street with 8-Inch water main. - The owner Is encouraged to preserve as many trees as possible. - Indicate zoning as R-1 east of. N.W. 30 Avenue on location sketch. - Show distance between monument line and centerline. - Remove fence encroachment In public right of way prior to submittal for City Commission approval of the final plat. - Indicate height of trees. - Provide survey tie distance to section corner. - Provide survey tie distance to either N.W. 16 Street or N.W. 31 Avenue. - Indicate bench marks used. Page i of 3 92- 1 w RFPAATkAP4t OF PW 41C; WAglltl/1116 N.W. 71W ilttoet/Mioml. Florida 33128/(305) 579-6856 Mr. Lazaro Guerra Guerra Subdivision July 28, 1991 - Provide documentation to the City Attorney's office that the substandard remnant (portion of lot 18) is owned by adjacent owner. Contact G. Miriam Maer, Chief Assistant City Attorney. - Correct boundary of lot 9 to the north. 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 and Inspection Services 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. Page 2 of 3 92- 12 Mr. Lazaro Guerra July 26, 1991 Guerra Subdivision 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, F}, -:E. Chairman, Plat & Street Committee JJK:gc Enclosure: Contact Sheet CC: J.H. Manucy Plat and Street Committee Members File Page 3 of 3 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS November 25, 1991 REPORT OF PROPOSED RECORD PLAT OF GUERRA SUBDIVISION LOCATED AT THE NORTHWEST CORNER OF N.W. 15 STREET AND N.W. 30 AVENUE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA C I� 1 k The accompanying Plat entitled GUERRA SUBDIVISION was I prepared by J. H. Manucy, 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: J, 1. The property platted is a replat of Lot 18, less the West 28 feet thereof, B1ocK 4, KEW GARDENS, Plat BooK 8, Page 9, all lying in Section 33, Township 53 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists t of two (2) Lots containing 0.33+ of an acre. It is zoned R- 2. 2. The location of the streets and the widths conform with the K .j standards of the Department of Public WorKs of the City of J� Miami, Florida. j{ 3. As certified to by J.H. Manucy, Registered Land Surveyor, this Plat complies witn the plat filing Laws of the State of `� Florida. 4. The Certificate of Title Examination dated November 9, 1991, signed by Armando Gutierrez, Attorney, indicates that the _j fee simple title to the property platted is correctly vested {{ in Lazaro Guerra, a single man, and the Plat has been -} correctly executed. =' 5. The area platted is not encumbered by mortgages. 6. In accordance with the requirements of Chapter 54, of the i 1 f code of The City of Miami, Florida, a Cashier's ChecK in the —�t amount of $4,500.00 has been tendered by the owner, Laiaro j Guerra. This Cashier's ChecK has been deposited with the J 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 i are listed as follows: Landscape Design, Sanitary Sewer f� Structures, Si dewal K and Asphaltic Concrete Pavement. 7. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. -71 ranK K. MCMdnon, Jr. City Surveyor FM: au 92 12 i� Opinion of Title A To: CITY OF MIAMI, a municipal corporation Wi th the understandi ng that tht s . Opi ni on of Ti tl e i s _ 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 exami ned the complete Abstract of Ti tl a completely covering the 1period from the beginning to November 91 1991 inclusive, of _fG the following described real property: -f Lot 18 less the West 28 feet thereof, in Block 4, of KEW GARDENSt' •a•ccor. i,ng to the:,pl'at thereof, as recorded l� in P1aT Book 8 at Page 9, of the Public Records of Dade County, Florida Basing our opinion on said complete• abstract covering said period we are of the opi.ni on that on the last mentioned date the -( fee simple title to the above de -scribed real property was vested Al in: j LAZARO GUERRA', A SINGLE MAN. Subject to the following encumbrances, liens, and other {� exceptions: psi GENERAL EXCEPTIONS: f, !'� E I. All taxes for the year in wnich chi opinion is rendered and subsequent years. 2. Rights' 'of parties in possession other than the above �. owned. .i 3. Facts that would be disclosed b an accurate survey. Y Y , 4. Any unrecorded labor, mechanics or.materialmen's liens. 5. Zonin and other restrictions imposed b governmental 9 P Y i authority. 1 :s 92- 12 ..�.. .... ... «.. « . .... 711.I�IIAIIAIXANII A • • I � � .. .. ... _ .... r 0 SPECIAL EXCEPTIONS: " Listing should include, but not be limited co 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 t.ne 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 Special Exception Name Interest Number LAZARO GUERRA Fee Simple title holder I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am d member in good standing of the Florida Bar. Respectful ly,•,submitted this 13th day of November 1991. NAME OF FIRM GUTIERREZ By: T uitiezrez Name LAIN OFICES 550 Biltmore Way, Suite 800 Addresg' Coral Gables, F1 33134 y2_ IMMUNE 1 -i AGREEMENT FOR CONSTRUCTION OF"CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, Lazaro Guerra (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 GUERRA SUBDIVISION a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54-30 and Chapter 54.5, 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 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 y 2 --- 1 `) - said City, all ip m ro i cents as are listed and d® ibed 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 work should.be prolonged to the extent that it would have a disorganring 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 54-30 and Chapter 54.5, THE CODE OF THE CITY OF MIAMI, FLORIDA, the G�-rner herewith deposits with the City a Cashier's' Check in the amount of $ 4,500.00 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-six (26%) percent for engineering or 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 Land Surveyor certifying -that the Permanent Reference Monuments indicated on the Plat have been installed and properly placed, the amount of said check shall be returned to -the Owner; otherwise, in the vent 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-six (26%) percent thereof, which said City may sustain on account of the failure of the Owner to carry out and execute all of the provisionns of this Agreement. Owner further covenants and agrees to pay the said City reasonable attorneys_fees in the event of the Owner's default. . 92- 12 IN WITNESS WHEREOF, be executed in triplicate A.D., 19 �1i . the Owner has caused this Agreement to this /� ��� day of �od�.Y�Lc�✓ , Signed, Sealed and Delivered in the Presence of: Y � v � n ✓�rez ATTEST: Secretary (Corporate Seal) ATTEST: Secretary (Corporate Seal) Owner: --- SEAL ) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Principal., -(Corporation) P,resident rinc pa Corporation President Approved,a�id accepted on behalf of the City of Miami, Florida, this day of A.D. , 19 WITNESSES: BY: rector, Depariment of Public Works 92- 12 W E rG STATE OF FLORIDA) SS lIF COUNTY OF DADE ) G I HEREBY CERTIFY that on this day personally 1 ' ,--;•t:areu before me, an officer duly authorized to administer oaths j t:};E acknowledgments, Lazaro Guerra I ' z:e well known to be the person(W) described herein and who executed "i" foregoing instrument, and acknowledged before me that he t !!x—cuted the same freely and voluntarily for the purpose therein expressed. WITNESS my band and official seal at Hialeah County of Dade and State of Florida :1ia 15th day of November A.D. 1991 My Commission Expires: NOTARY PUBLIC, STATE OF FLORID& MY COLIAi:jSION EXPIRES: MAY 16, 199.1 1 9 2 -- 12 .42 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and LAZARD GUERRA FOR IMPROVEMENTS AT GUERRA SUBDIVISION LOCATED AT N.W. 15 STREET AND N.W. 30 AVENUE LANDSCAPING DESIGN Plant Approximately 1,500 Square Feet of Solid Sod NEW ASPHALTIC CONCRETE PAVEMENT Construct Approximately 70 Square Yards REMOVE EXISTING SIDEWALK Approximately 50 Square Feet NEW CONCRETE SIDEWALK Construct Approximately 50 Square Feet SANITARY SEWERS STRUCTURES Construct Approximately 25 Linedl Feet of 6" Sanitary Sewer LateraT— ESTIMATED COST OF IMPROVEMENTS (10%) CONTINGENT $ 750.00 $ 1,050.00 $ 50.00 $ 200.00 $ 1,400.00 $ 3,450.00 It 'AaX;_nn (17%) ENGINEERING AND INDIRECT COSTS $ 645.15 Yi. TOTAL $ 4,440.15 i' AMOUNT OF CASHIER'S CHECK $ 4,500.00 *Information concerning the landscaping requirement shall be obtained from the City of Miami Planning Department. u 1; 92- 12 �a. { CITY OF MIAMI, FLORIDA ` CA=12 INTER-OFFICE MEMORANDUM 1. '•4 { I TO FILE : Honorable Mayor and Members DATE DEC J 199 of the City Commission sueiECT: GUERRA SUBDIVISION Resolution Accepting Proposed Record Plat Located at the Northwest Corner 4' FROM REFERENCES: of N. W. 15 Street a n d N. W. 30 Avenue Cesar H. 0 d i o ENCLOSURES City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat Guerra Subdivision, and approving recording the same in the Public Records of 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 Guerra Subdivision is a repl at of Lot 18, less the West 28 feet thereof, BlocK 4, KEW GARDENS (8-9), all lying in Section 33, Township 53 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) Lots containing 0.33} of an acre. It is zoned R-2. Also attached are the following documents necessary for the City Commission to consider in maKing their decision: (1) Resolution accepting the (2) Engineering Report (3) Plat and Street Letter (4) Print of proposed Record 1 P1 at Plat 92-- 12 CA-I.,x -(