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HomeMy WebLinkAboutR-92-0215J-92-254 3/16/92 RESOLUTION NO. 92--~ 2-5 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED THE BANYAN, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF 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 The Banyan, is a replat of Lot 17, First Amended Plat Silver Bluff, Plat Book 1, Page 158, all lying in Section 15, Township 54 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 "All 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. ATTACHMENT (S) CON i / IRE V CITY C010VISSION MEET114G OF APR 0 2 1992 Resolution No. 92— 21.5 Section 2. The Covenant To Run With The Land executed by Lang Baumgarten, a single man, postponing the immediate construction of full width street improvements (sidewalk, curb and gutter, pavement and drainage) on Tigertail Avenue and Coacoochee Street, 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 .2nd 1992. A T T FST?- 3 ttv ot�Cxtt s' LUIS A. PRIETO-PORTAR, PH.D., P.E. �r i.. Director11+ October 19, 1991 Lang Baumgarten 2891 Coacoochee Street Coconut Grove, Florida 33133 Dear Mr. Baumgarten: THE BANYAN - TENTATIVE PLAT #1415 CESAR H. ODIC) City Manager The City of Miami Plat and Street Committee, at Its meeting of October 10, 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. Satisfy the requirements for easements and service Improvements of Florida Power & Light Co. and Miami - Dade WASAD. Contact Jorge Ensenat of FPL at 674-4326 and Rick Herrera of MDWASAD at 665-7471 for additional Information. 10-feet of dedicated right of way Is required on Tlgertall Avenue. A 25-foot corner radius Is also required for dedication purposes at the Intersection of Tlgertall Avenue and Coacoochee Street. A reduction In this radius can be considered provided such request Is made in writing to the Supervisor of Plats, Dr. Luis A. Prieto-Portar of the Department of Public Works stating that the request Is made in order to preserve the existing coral rock wall. Said rock wall must however, not violate the visibility triangle requirements of the City of Miami and South Florida Building Code. Indicate the square footage of each lot. Show all adjacent subdivisions on main sketch and location map. Provide bearings on all boundary and property lines. Provide a full description of the sectional corner on main sketch and on location map. Contact Frank McMahon of Public Works Department at 579-6865, ext. 61. M. 92- 215 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6856 Yl } Lang Baumgarten October 19, 1991 The Banyan Subdivision - Include "City of Miami" In title block. - Provide visual clearance at driveways. Contact Jo Reid j of Planning, Building and Zoning Department at 679- 6800, ext. 718/738. - Remove all structures encroaching across lot line, or provide a unity of title for the new subdivision, or 4 submit a bond to ensure removal of these Improvements. i - Due to the refacing of lot 1, the rear setback of the 1 main structure (10') will now be In violation of the Miami Zoning Ordinance. A 20-foot setback Is required on all rear yards. The structure must be removed or a 3` 1 i variance obtained for this requirement. ' - Since the required dedication at the corner radius will reduce the amount of square footage of lot 2, the northerly lot line will have to be adjusted In order to conform to the minimum lot size required for the 1 existing zoning. - Correct zoning designation on the location sketch (R-1 and SO-18 overlay). .I In addition to the above requirements, you should be aware of the i following: �(( 1. State and local laws require the installation of various 1 physical Improvements In the public rights -of -way when F 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 Y 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 i 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. 92 215 , Lang Baumgarten October 19, 1991 The Banyan Subdivision 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. S. 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, Pmes . Ka , P.E. Chairman, Plat & Street Committee JJK:mw Enclosure: Contact Sheet CC: Schwebke-Shiskln & Associates, Inc. Plat and Street Committee Members File S -'�'- 92-- 215 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS March 13, 1992 REPORT OF PROPOSED RECORD PLAT OF THE BANYAN LOCATED ON THE NORTHERLY CORNER OF TIGERTAIL AVENUE AND COACOOCHEE STREET A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled THE BANYAN was prepared by Schwebke--Shiskin h Associates, 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 replat of Lot 17, First Amended Plat Silver Bluff, Plat Book 1, Page 158, all lying in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots containing 0.32+ of an acre. It is zoned R-1; SD-18 overlay. 2. The location of the streets and the widths conform with the standards of the Department of Public Works of the City of Miami, Florida. 3. As certified to by Donald E. Burns, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 92- 215 C1 4. The Certificate of Title Examination dated March 11, 1992, signed by Robert A. Kaplan, Attorney, indicates that the fee simple title to the property platted is correctly vested in Lang Baumgarten, a single man, and the Plat has been correctly executed. 5. The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedications. 6. In accordance with the requirements of Chapter 54, of The Code of The City of Miami, Florida, a Cashier's Check in the amount of $4,000.00 has been tendered by the owner, Lang B t This Cashier's Check has been deposited with aumgar en. the Director of Finance and will guarantee the completion of the subdivision improvements according to the provisions of 4 the Agreement between The City of Miami and the i aforementioned owner. The improvements required at the property platted are listed a follows: new concrete i r sidewalk and sanitary sewer structures. 1 7. Since there are no full width street improvements (side, I curb & gutter, pavement and drainage) on Tigertail Avenue j and Coacoochee Street in the vicinity of the property } } platted, it is recommended that a covenant be accepted postponing the immediate construction of these improvements until the area is more fully developed. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. { ranMcMahon, r. city surveyor a 9 2 - 215 FM : au T, - I " ' AGRE121ENT FOR CONSTRUCTION OF''CTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5 THE CODE OF THE CITY OF MIAMI,.FLORIDA WHEREAS, (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 pla of a subd vision to be known as a copy of 'which proposed plat is attached hereto an 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 goad 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 platby 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 said City, all im rovei,ients as are listed and des ibed upon the � Y► P 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 disorganzing effect i 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 f ' 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 0•,-ner herewith deposits with the City a Cashier's'Check in the amount G� � of $ which amount is not less than one hundred (100%) j percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus twenty-zft7(27%) percent for engineering or contingent costs and damages, the conditions of the r 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 sail check shall be returned to- the Owner; otherwise, in thevent 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-feWP(21%) percent 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 attorney's fees in the event of the Owner's default. R 92-- 215 IN WITNESS WHEREOF, the Owner has caused this Agree7mnt to be executed in triplicate this day of A.D,, 19 Signed, Sealed and Delivered in the Presence of: (SEAL (SEAL WU I (SEAL- (SEAL - _(SEAL. (SEAL ATTE T: Secretary (Cor orate Seal) ATTEST:t retary (Corporake Seal) Approved and accepted on behalfofthe City of Miami, Florida, this � day of A.D. , 19 7,Z. By: 'zr( rj-r_��t_or, Dqmgm�nt'q)eWlic Works T 4 WITNESSr 10 .1 9 20— 215 12 1) For an individual acting on his own right: ACKNOWLEDGEMENT: STATE OF S.S. COUNTY OF I hereby certify: That on this day, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, LANG BAUMGARTEN, who is personally known to me and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did take an oath. Witness: My hand and official seal this�day of A.D. 19 47- . Printed Name of Acknowledger L-t/iS Notary Public, State of Lo Serial Number: ( if any) My Commission Expires7n_RY PUCtI_IC_ STATE OF MY COMMISSION LAV. BONDED 1NRU GENERAL. INS* UND•-J op-of-d.sun (page 3) 92- 215 50 Q EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and LANG BAUMGARTEN FOR IMPROVEMENTS AT THE BANYAN LOCATED AT THE NORTHERLY CUR OF TIGERTAIL AVENUE AND COACUUGHEE STREET * * * * * * * * * * * * * * * * * * * * * CONSTRUCTION OF NEW CONCRETE SIDEWALK $ 1,800.00 Approximately 600 Square Feet i NEW SANITARY SEWER STRUCTURES $ 1,300.00 Construct approximately 20 Lineal Feet of 6" Sanitary Sewer Lateral connecting to an existing sanitary sewer manhole ESTIMATED COST OF IMPROVEMENTS $ 3,100.00 (10%) CONTINGENT $ 310.00 (17%) ENGINEERING AND INDIRECT COSTS $ 579.70 TOTAL $ 3,989.70 AMOUNT OF PERFORMANCE BOND, LETTER OF CREDIT OR $ 4,000.00 CASHIER'S CHECK *Information concerning the landscaping requirement shall be obtained from the City of Miami Planning Department. µ„ U City of Miami OFFICIAL RECEIPT dhecA\ oz53� $ 4 p- , d d (Includes Sales Tax $ ) Received For: kx(/ A This Receipt not VALID unless dated, filled in and signed by authorized em- ployee of department or division desig- nated hereon and until the City has col- lected the proceeds of any checks tendered as payment herein. C i FN/TM 402 Rev. 10/88 Reference No: cl�fi�1�Z�4 By: aW_-C Department ' Division: No.5'7826 Date: 3 I /3 12 Do / 100 Dollars Distribution: White - Customer, Canary - Finance; Pink - Issuing Department THE BANK OF .CORAL GABLES 2701 Ponce de Leon Blvd.` Coral Gables, Florida 3304 ' - PAY TO THE - City,, -of- Miami ORDER OF Plat Bond %risyw,+ E&g- npo Kattin T.IYATAY}- Co, Cashier's Check 63-1077 670 No. 025361 March 12, 19 92 $ 4 , 000.00 11*025361112 1:06?0107?41: 012i348911'90 966 DOLLARS i i3 92— 215 —znati wvu�a �rc—uza j--- ----- 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. if Opinion of Title f 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 the -! complete Abstract of Title completely covering the period from the beginning to March 11, 1992 inclusive, of the following described real property: Lot 17, First Amended Plat, Silver Bluff, Plat Book 11 Page 158 2891 Coacoochee Street; Coconut Grove; Florida, represented by that mortgage from Barnett Bank issued December 20, 1989 and recorded on December 21, 1989, in Plat Book 14371 at page 1162 . Basing our opinion on said complete abstract covering said i 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: Lang Baumgarten 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. i 5. Zoning and other restrictions imposed by governmental authority. G� 92- 215 LAI i V - . •..w.._., . emu_<..,- .. 4.- SPECIAL EXCEPTIONS: Listing should include, but not be limited to such exceptions are: 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 know as: special Exception Name Interest Number Barnett Bank of Mortgagee South Florida, N.A., (as recorded December 21, 1989, in Plat Book 14371 at page 1162 ) Lang Baumgarten Fee Simple Owner 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 �l _ day of /V\cA-,t c--� 1992. NAME OF FIRM: ,5 By: AddlrLs�3133 IS 92- 215 COVENANT TO RUN WITH THE LAND WHEREAS, I.MG RNMGkRM, a single man (hereinafter referred to as "the Owner" or "he" irrespective of actual gender and number, and meaning either singular or plural and including heirs, assigns and successors in interest thereof, where the context so requires or admits) is the present fee simple owner of a subdivision entitled TE ' 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 i OF MIAMI, FLORIDA, requires the OWNER to construct or cause to be i constructed at no expense to the CITY, the following improvements within the area and/or on the streets abutting said subdivision. E1111, WI M SIRFFr TMPRMF7�i1 _ !%A1Ky nIuR &++aUM MMM -AND WAT l ON TIG>"ItrML AVENUE AM CWODMIEE SffMr. 1 i i and WHEREAS, the OWNER asks to be relieved of his obligation to construct the aforementioned improvements at this time, and in i 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: 9 92- 215 NOW, THEREFORE, in consideration of the premises herein l set out, the OWNER hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the -? OWNER, and without cost to the CITY, the aforementioned improvements within the area and/or on the street right-of-way abutting the aforesaid subdivision, upon thirty (30) days written notice from the Director of Public Works of the City of Miami, Florida, addressed to the' OWNER, at 2891 Comoochee Street, Coconue cram, El. 3-133 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 i 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 written notice, which agency is hereby specifically created, and said City Manager shall cause the aforementioned improvements to be constructed at the expense of the 014NER 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 014NER and enforced as any lien for materials furnished and work and labor done, as provided under the Statutes of Florida. i-7 92- 21� i a IN WITNESS WHEREOF the OWNER has causod this agreement to be executed this day of � -- A.D., 19 902 Signed, Sealed and Delivered in the Presence of: AT/TE ST : s Secretary (�orporate Seal) A11TEST: As Secretary (Corjorate Seal) CODE Fil OWNER 4Z4*,A SEAL) v (SEAL) 92- 215 1 4 e ar men ;o c WorKs THIS INSTRUMENT WAS PREPARED BY: ,�l/��I•res.�!?T �El'i`df �llcYl✓G' !�'�,fl'.S E APPROVED AS TO FORM AND LEGALITY: t�M City Attorney 92- 215 1) For an individual acting on his own right: ACKNOWLEDGEMENT: STATE OF rL-0 Z (C>►4- j S.S. COUNTY OF 10 A—P-E ) I hereby certify: That on this day, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, LANG BAUMGARTEN, who is personally known to me and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and who did take an oath. Witness: My hand and official seal this 12-+1-` day of M M21. ►+' , A. D . 19 Q'r/ . Printed Name of Acknowledger Lv( SZRGr'"Z- Notary Public, State of EIR V-r Serial Number: (if any) My Commission Expires V9TARY pI,IC 5tA E 0 MY COW44I—SSsI ti '�'��g� BONOF.D 7HRU GENERAL INS. UNO. , op-of-ti.sun (page 3) a, o 92- 215 V "* CITY OF MIAMI. FLORIDA CAM15 INTER-OFFICE MEMORANDUM DATE MAR L 5 I 92 FILE -o Honorable Mayor and Members of the City Commission SUWECT . THE BANYAN Resolution Accepting Proposed Record Plat Located on the Northerl Corner of Tigertail Avenue REFERENCES -ROM and Coacoochee Street Cesar H . Od ENCLOSURES: City Manager i RECOMMENDATION: -` It is respectfully recommended that the City Commission adopt a resolution accepting the plat The Banyan, and approving recording cords of Dade County, Florida. the same in the Public Re BACKGROUND: The Department of Public Works has reviewed this plat, and has i determined that it is now in order for acceptance by the City Commission. The proposed record plat entitled The Banyan is a replat of Lot all 17, First Amended Plat Silver Bluff, Plat Book 1, Page 158, lying in Section 15, Township 54 South, Range 41 East, City of Miami, is containing 0132+e County, da. of ane area acre. It platted zoned consists Ro 1 ;SDt wo (2) to 18 overlay. 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) Print of proposed Record Plat 92- 215 c)TIs -/ 92- 215