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HomeMy WebLinkAboutR-92-0297J-92-314 4/21/92 RESOLUTION NO. 9 2— 297 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED DOUGLAS GARDENS SOUTH, 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 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 Douglas Gardens South, is a replat of Block 5 and a portion of Block 6, Corrected Plat of Alta Vista (6-4); Tracts B and C, Douglas Gardens Revised (123- 49); and a portion of Tract B, Douglas Gardens West (140-52); also together with portions of rights -of -way on Northeast 1 Court _ (Australian Court) and Northeast 51 Street (Douglas Avenue) adjacent thereto, lying in Section 24, Township 53 South, Range 41 East, City of Miami, Dade County, Florida, being more particularly described as follows: See complete legal description on attached page, which plat by reference is made a part hereof as if fully incorporated herein, and, subject to all ATTACHMENT (S) CONTAINED CITY cobwssION MEETING OF MAY 1 4 1992 lleaolutlon No. 92— 297 f 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 Dade County, Florida. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day.,„of . *y 1992 • / r CITY CLERK PREPARED AND APPROVED BY: V • 1-li liAl-1 11AVIl CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 92- 297 - 2 - LEGAL DESCRIPTION OF DOUGLAS GARDENS SOUTH Block 5 and a portion of Block 6, "CORRECTED PLAT OF ALTA VISTA", according to the plat thereof as recorded in Plat Book 6 at Page 4; together with Tracts "B" and "C", "DOUGLAS GARDENS REVISED" according to the plat thereof as recorded in Plat Book 123 at Page 49; and a portion of Tract "B", "DOUGLAS GARDENS WEST" according to the plat thereof as recorded in Plat Book 140 at Page 52, each of the Public Records of Dade County, Florida; also together with portions of the Rights -of -Way of Northeast 1st Court (Australian Court) and Northeast 51st Street (Douglas Avenue) adjacent thereto. All of the above being more particularly described as follows: Begin at the Northeast corner of said Tract "B", "DOUGLAS GARDENS REVISED"; thence run South 0 degrees 23 minutes 00 seconds East, along the Easterly Boundary of said Tract "B" and its Southerly prolongation, for 415.17 feet (last described course being parallel with and 35.00 feet West of as measured at right angles to, the East line of the Northeast 1/4 of Section 24, Township 53 South, Range 41 East); thence North 89 degrees 27 minutes 41 seconds West, along the South boundary line of Lots 1 and 2 of said Block 6 for 125.07 feet; thence South 0 degrees 21 minutes 52 seconds East, along the East boundary of Lot 10 of said Block 6 for 110.14 feet; thence North 89 degrees 27 minutes 07 seconds West along the South boundary line of said Block 6, its Westerly - 1 - 92- 297 3 prolongation and the South boundary line of said Block 5 for 670.65 feet; thence North 0 degrees 15 minutes 42 seconds West, along the West boundary line of said Block 5 for 220.06 feet; - thence North 0 degrees 06 minutes 25 seconds West, for 69.66 feet; thence North 0 degrees 16 minutes 02 seconds West for 183.12 feet; thence South 89 degrees 59 minutes 34 seconds West for 4.18 feet to a point on a curve; said point bears North 70 degrees 31 minutes 09 seconds East, from the radius point of the next described curve; thence Northwesterly, along a circular curve to the left, having a radius of 75.00 feet and a central angle of 3 degrees 31 minutes 30 seconds for an are distance of 4.61 feet (last mentioned three courses being coincident with the Westerly boundary lines of Tract "B", Plat Book 140, Page 52); thence South 89 degrees 28 minutes 15 seconds East, along the Southerly boundary line of Tract "A", (Plat Book 123, Page 49) for 583.83 feet; thence North 52 degrees 17 minutes 07 seconds East for 77.49 feet; thence South 89 degrees 28 minutes 15 seconds East, for 155.00 feet to the Point of Beginning (last mentioned two courses being coincident with the Southerly boundary lines of said Tract "A"), lying and being in the City of —! Miami, Dade County, Florida. =1 _ 2 _ 92- 297 of � ♦��� LUIS A. PRIETO-PORTAR, PH.D., P.E. ,'(( : CESAR H. UDIU Director ; �f,1,,... n,,. �_ Clty tlanagpr November 15, 1991 Miami Jewish Home and Hospital for the Aged 1500 N.E. 2nd Avenue Miami, Florida 33127 Gentlemen: DOUGLAS GARDENS SOUTH - TENTATIVE PLAT o1402 (REVISED LETTER) The City of Miami Plat and Street Committee, at Its meeting of May 3, 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. - Clarify the zoning designation on the location map. Designation SD-12 should be identified by a dashed line. (Contact Jo Reid, Planning, Building & Zoning Department). - All plan sheets should be sealed. - Provide notation that all structures are to be demolished. - Remove fence encroachments prior to submittal of final plat to City Commission. Provide note for same on tentative plat. (Robert Barbanera, Dept. of Public Works). Base bearings on an assumed meridian. Show underground Information on N.E. 2nd Avenue. Widen Miami Place to 60 feet In width between N.E. 50 Terrace to N.W. 51 Street. Adjust total square footage of tract. - Prdvlde easement for relocation of water facilities In this plat. (Rick Herrera, Miami -Dade Water and Sewer Authority Department). 92- 297 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miamf, Florida 33128/(305) 579.6856 S' Miami Jewish Home and Hospital for the Aged November 15, 1991 Douglas Gardens South Replace existing 4" water main with a 12" water main In N.E. 51 Street from Miami Avenue to Miami Place. Provide easement for existing sewers, or relocate sanitary sewers. - Emergency Access Easement must be relocated and shown on plat. (Lt. Robert Florello, Fire, Rescue & Inspection Services Department). - Meet requirements for easements requested by Florida Power & Light Company. - The Plat and Street Committee has considered the applicant's proposal to vacate and close those portions of N.E. 51 Street and N.E. 1 Court lying within the limits of the plat. Upon review of those public Interest considerations found In Sec. 54.5-16(c) of the Miami City Code, the Plat and Street Committee has determined said closures and vacations of right of ways to be In the best Interest of the general public and recommends the vacations and closures proposed In the subJect tentative plat. 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 alteratlon, 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. - 2 - 92-- 297 109 ME Miami Jewish Home and Hospital for the Aged November 15, 1991 Douglas Gardens South 4. Approva 1. for f I re f I ow requ I rements must be obta I ned f rom 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 1t 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, .E. Chairman, Plat & Street Committee JJK:mw Enclosure: Contact Sheet CC: Schwebke-Shlskin & Assoc., Inc. Plat and Street Committee Members File - 3 - 92- 297 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS March 31, 1992 REPORT OF PROPOSED RECORD PLAT OF DOUGLAS GARDENS SOUTH LOCATED ON NORTHEAST 50 TERRACE BETWEEN NORTHEAST MIAMI PLACE AND NORTHEAST 2 AVENUE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled DOUGLAS GARDENS SOUTH 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 Block 5 and a portion of Block 6, Corrected Plat of Alta Vista (6-4); Tracts B and C, Douglas Gardens Revised (123-49); and a portion of Tract B, Douglas Gardens West (140-52); also together with portions of rights -of -way on Northeast 1 Court (Australian Court) and Northeast 51 Street (Douglas Avenue) adjacent thereto, lying in Section 24, Township 53 South, Range 41 East, City of Miami, Dade County, Florida, described as follows: See complete legal description on attached page. The area platted consists of one (1) tract containing 8.34± acres. It is zoned G/I. 92- 29• N, 2. 3• 4. 5• 6. The location of the streets and the widths conform with the standards of the Department of Public Works of the City of Miami, Florida. As certified to by Donald E. Burns, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of that portion of Northeast 51st Street lying East of the East right-of-way line of Northeast Miami Place and West of the West right-of- way line of Northeast 2nd Avenue, and that portion of Northeast 1st Court lying North of the North right-of-way line of Northeast 50th Terrace and South of the South right- of-way line of Northeast 51st Street. This action was confirmed by City Commission Resolution No. 92-141. The Certificate of Title Examination dated February 26, 1992, signed by Norman Somberg, Attorney, indicates that the fee simple title to the property platted is correctly vested in Miami ,Jewish Home and Hospital For The Aged, Inc. and the Plat has been correctly executed. The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedications. 92-- 297 7. In accordance with the requirements of Chapter 54, of The Code of The City of Miami, Florida, a Letter of Credit, No. 0331, in the amount of $184,000.00, has been executed by Miami Jewish Home and Hospital. For The Aged, Inc., Principal, and Commercial Trust Bank. This Letter of Credit will accompany the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of new asphaltic concrete pavement, new concrete sidewalk, new concrete curb, new concrete curb and gutter, new storm sewer structures, new sanitary sewer structures, landscape design and the removal of concrete sidewalk and concrete curb and gutter. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. .a✓ / G' s Frank c a on, Jr. City Surveyor FM:au 92- 29'7 10 LEGAL DESCRIPTION OF DOUGLAS GARDENS SOUTH Block 5 and a portion of Block 6, "CORRECTED PLAT OF ALTA VISTA", according to the plat thereof as recorded in Plat Book 6 at Page 4; together with Tracts "B" and "C", "DOUGLAS GARDENS REVISED" according to the plat thereof as recorded in Plat Book 123 at Page 49; and a portion of Tract "B", "DOUGLAS GARDENS WEST" according to the plat thereof as recorded in Plat Book 140 at Page 52, each of the Public Records of Dade County, Florida; also together with portions of the Rights -of -Way of Northeast 1st Court (Australian Court) and Northeast 51st Street (Douglas Avenue) adjacent thereto. All of the above being more particularly described as follows: Begin at the Northeast corner of said Tract "B", "DOUGLAS GARDENS REVISED"; thence run South 0 degrees 23 minutes 00 seconds East, along the Easterly Boundary of said Tract "B" and its Southerly prolongation, for 415.17 feet (last described course being parallel with and 35.00 feet West of as measured at right angles to, the East line of the Northeast 1/4 of Section 249 Township 53 South, Range 41 East); thence North 89 degrees 27 minutes 41 seconds West, along the South boundary line of Lots 1 and 2 of said Block 6 for 125.07 feet; thence South 0 degrees 21 minutes 52 seconds East, along the East boundary of Lot 10 of said Block 6 for 110.14 feet; thence North 89 degrees 27 minutes 07 seconds West along the South boundary line of said Block 6, its Westerly - 1 - 92-- 297 prolongation and the South boundary line of said Block 5 for 670.65 feet; thence North 0 degrees-15 minutes 42 seconds West, along the West boundary line of said Block 5 for 220.06 feet; thence North 0 degrees 06 minutes 25 seconds West, for 69.66 feet; thence North 0 degrees 16 minutes 02 seconds West for 183.12 feet; thence South 89 degrees 59 minutes 34 seconds West for 4.18 feet to a point on a curve; said point bears North 70 degrees 31 minutes 09 seconds East, from the radius point of the next described curve; thence Northwesterly, along a circular curve to the left, having a radius of 75.00 feet and a central angle of 3 degrees 31 minutes 30 seconds for an are distance of 4.61 feet (last mentioned three courses being coincident with the Westerly boundary lines of Tract "B", Plat Book 140, Page r,2); thence South 89 degrees 28 minutes 15 seconds East, along the Southerly boundary line of Tract "A", (Plat Book 123, Page 49) for 583.83 feet; thence North 52 degrees 17 minutes 07 seconds East for 77.49 feet; thence South 89 degrees 28 minutes 15 seconds East, for 155.00 feet to the Point of Beginning (last mentioned two courses being coincident with the Southerly boundary lines of said Tract "A"), lying and being in the City of Miami, Dade County, Florida. 92- 297 — 2 — AGREEPIENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-30 AND CHAPTER 54,5 THE CODE OF THE CITY OF Z4Lt HI, FLORIDA *9e*9r�k�k��k�IOrit�k�t1Ir94�r�***� , WHEREAS, THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. (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 Douglas Gardens South 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 slid 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% 99_ 13 1. Within one (1) year from the effective date of the acceptance and confirmation of said plat by the Commission of said City, or prior to the issuance by the City of•Miami of a Certificate of Occupancy for the premises, the Owner will construct, or cause to have constructed. at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon the estimate of cost of said improvements,.a copy whereof is attached - hereto as Exhibit "B" and made a part hereof. Although one year is allowed for'the completion of the aforementioned improvements, it is not in the public interebt that such construction 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 reason- — able 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 cut OF MIAMI, FLORIDA, the Owner herewith tenders to the City a Letter of Credit duly executed by the (Bank) Commercial Trust Bank in the amount s of $ 184,000 , which amount is not less than one hundred (100%) percent of the estimated cost of the construction of the P improvements listed in the attached Exhibit "B", plus twenty -,t7W(t7%) percent for engineering and contingent costs and damages, and upon completion of the construction of said improvements and subsequent to the submission by the Owner 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, said Letter of Credit shall be released. 92— 297 3. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement, the conditions of said Letter of Credit shall be such that the (Bank) Commercial Trust Bank shall, within thirty (30) days after receipt of written notice from the Director of the Department of Public Works of said City of the failure or of the neglect of the Owner to perform this Agreement, construct, or cause to be constructed, the improvements set forth in Exhibit "B" hereof, pay to the City a sum up to the aggregate amount of $ 184.000 4. The City shall have the right to collect the sum estimated to construct or complete the improvements set forth in Exhibit "B", said sum to be estimated by the Department of Public Works of the City, which shall include engineering and contingent costs and any damages direct or indirect, not to exceed twenty-:re*4 (279.) thereof, plus reasonable attorneys' fees which the City may sustain on account of the failure of the Owner to carry out and execute the provisions of this • Agreement; provided further that the City Commission of Miami, Florida, shall have the right to construct, or cause'to be constructed, after public advertisement and receipt.of bids, the improvements as -rovided for in said Agreement, and in the event that the City Conn-ission of Miami, Florida exercises such right, it shall have the right to collect the final total costs of said improvements, together with any engineering and contingent costs, and any damages direct o: indirect, not to exceed twenty -fiokf(2n,) percent thereof, plus reasonable attorneys' fees, which the City may sustain on account of the failure of the Owner to carry out and exe6ut© the provisions o: this Agreement. Said Letter of Credit is attached hereto as Exhibit "C" and made a part hereof by reference. 92- 297 I!; IN WITNESS REOF, the Owner has caused s Agreement to be executed in triplicate this 1.3 � day of /1�14rcLj A.D., 19 j Signed, Sealed and Delivered ATTEST: secretary (Corporate Seal) ATTEST: ecre,tary (Corporate Seal) • r nc pa orporat on President Approved and accepted onbehalfof the City of Miami, Florida, this .-;Zp day of A.D., 19� • By t V Dime t=o DeparCment of Mlic Wod,- 92- 297 16 a CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its namq by its proper officers, 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 in the Presence of: *VZ WITNESS M61, k 2e v,(/t t yjV 4 S4,1.sf t' Owl). Arpf P1l s ! o�►rt�,�. rL . 3) 911 CITY, STATE AND ZIP CODE WITNESS ` arIt Zevflit l yli s., , 0, ac ✓t. ►firk rac,- FK AT ES3 j332 CITY, STATE AND ZIP CODE STATE OF FLORIDA S.S. COUNTY OF BADE I hereby certify: That on this officer d��ul authorize t admin /iI-1wAl �or71 i respects Yq,y of /Vl"l By! PRESIDENT - HAROLD B ATTEST: SECRE ARY CORPORATE SEAL day personally appeared before me, an step oaths and take acknowledgements / and and iz (// / fCorporation, who are iW. personally Known o me or wh have (has) and who executed e foregoing instrument and acknowledged the execution thereof to be their free act and deed as such officer(s) for the purposes therein expressed and who did (cif-) take an oath. 92- 297 17 z W Hitrz/ My hand and official seal this 'day ofA.D. , I9. T-- Signature of Person Taking Acknowledgem nt: Printed Name of Acknowled 1'—("— Notary Public State of Serial Number: (if any)f My Commission Expires: APPROVED., 1 �C2/iy DIRECTOR URKS �� This Instrument Prepared by Department of Law City of Miami, Florida e EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. FOR IMPROVEMENTS AT DOUGLAS GARDENS SOUTH LOCATED ON THE NURTHLA5T bU TERRACE BETWEEN LANDSCAPING $ 2,100.00 Plant five (5) Live Oak Trees and 200 Square Feet of Solid Sod CONSTRUCT NEW ASPHALTIC CONCRETE PAVEMENT $30,750.00 Approximately 2,050 Square Yards REMOVE EXISTING SIDEWALK $ 3,400.00 Approximately 3,400 Square Feet REMOVE EXISTING CURB AND GUTTER $ 2,025.00 Approximately 675 Lineal Feet CONSTRUCT NEW CONCRETE SIDEWALK $ 21,800.00 Approximately 5,450 Squarfe Feet CONSTRUCT NEW CURB AND GUTTER $ 13,500.00 Approximately 1,350 Lineal Feet CONSTRUCT NEW CONCRETE CURB $ 6,320.00 Approximately 790 Lineal Feet STORM SEWER STRUCTURES $ 57,000.00 Construct 400 Lineal Feet of 24" French Drain inclu-dng cross drains and inlets 92- 297 SANITARY SEWER STRUCTURES $ 5,700.00 _ Construct approximately 50' Lineal Feet of 8" sanitary sewer lateral, construct two (2) Type "A" Manhol es (10%) CONTINGENT $ 14,259.50 (17%) ENGINEERING AND INDIRECT COSTS $ 26,665.27 =- TOTAL $183,519.77 AMOUNT OF PERFORMANCE BOND, LETTER OF CREDIT OR $184,000.00 4 CASHIER'S CNECK *Information concerning the landscaping requirement shall be obtained from the City of Miami Planning Department. �i 71 s t- :e e — _ o= - 92- 29'7 20 CITY OF MIAMI, FLORIDA OPINION OF TITLE 0 TO: CITY OF MIAMI, FLORIDA 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 I have examined the complete Abstract of Title completely covering the period from the beginning to "See EXHIBIT "A" attached", of the following described real property: See EXHIBIT "B" attached Basing my opinion on said abstracts', owners title insurance policies and computer checkdowns covering said period, I am of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. 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 upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. 92- 29'7 ;LI SPECIAL EXCEPTIONS 1. Mortgage from Miami Jewish Home and Hospital for the Aged, Inc. to Flagship National Bank Of Miami, As Trustee, dated February 9, 1984 and filed February 9, 1984 in Official Records Book 12051, Page 2468, of the Public Records of Dade County, Florida. 2. Grant Of Easement dated July 31, 1965 between Miami Jewish Home and Hospital for the Aged, Inc. and Metropolitan Dade County filed September 10, 1985 in Official Records Book 12631, Page 780 of the Public Records of Dade County, Florida. 3. Grant Of Easement dated July 31, 1985 between Miami Jewish Home and Hospital for the Aged, Inc. and Metropolitan Dade County filed September 10, 1985 in Official Records Book 12631, Page 783 of the Public Records of Dade County, Florida. 4. Grant Of Easement dated March 18, 1991 between Miami Jewish Home and Hospital for the Aged, Inc. and Metropolitan Dade County filed June 6, 1991 in Official Records Book 15055, Page 2031 of the Public Records of Dade County, Florida. 5. Unity of Title executed by Miami Jewish Home and Hospital for the Aged, Inc. dated June 6, 1991 and filed July 15, 1991 in Official Records Book 15105, Page 1640 of the Public Records of Dade County, Florida. 6. Covenant dated June 61 1991 between Miami Jewish Home and Hospital for the Aged, Inc. and Metropolitan Dade County filed July 15, 1991 in Official Records Book 15105, Page 1636 of the Public Records of Dade County, Florida. 7. Agreement for Water and Sewage Facilities between Miami Jewish Home and Hospital for the Aged, Inc. and Metropolitan Dade County filed July 15, 1991 in Official Records Book 15105, Page 1644 of the Public Records of Dade County, Florida. 8. Unity Of Title executed by Miami Jewish Home.and Hospital for the Aged, Inc. dated August 1, 1991 and filed August 7, 1991 in Official Records Book 15139, Page 2701 of the Public Records of Dade County, Florida. 9. Easement in favor of Florida Power & Light Company dated January 30, 1981 and filed March 9, 1981 in Official Records Book 11036, Page 585 of the Public Records of Dade County, Florida. -2- 92- 297 Therefore, it is my 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 sub- division thereof to be known as: DOUGLAS GARDEN SOUTH SPECIAL EXCEPTION NAME INTEREST NUMBER SUN BANK OF MIAMI, N.A. MORTGAGEE the successor by merger of FLAGSHIP NATIONAL BANK 1 I HEREBY CERTIFY that there are no encumbrances or liens on the pro- perty described on Exhibit 91B" except for the Mortgage in favor of Sun Bank of Miami, N.A. (Special Exception No. 1). 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. Respecfully submitted this Sth day of March, 1992. NAME OF FIRM NORMAN SOMBERG, P.A. By: IV 1110 Brickell Avenu Miami, Florida 3313 -3- 92- 297 As to Block 5 and a portion of Block 6, "CORRECTED PLAT OF ALTA VISTA". according to the Plat thereof, as recorded in Plat Book 6, at Page 4, I hereby certify that I have examined the following covering the period from the beginning to February 26, 1992 at 11:00 P.M.: 1. Commonwealth Land Title Insurance Company: Policy Number 107-238750 - January 13, 1987 at 8:48 A.M. Policy Number 107-238759 - March 19, 1987 at 9:16 A.M. Policy Number 107-341243 - August 31, 1987 at 9:32 A.M. Policy Number 107-416753 - March 30, 1988 at 9:23 A.M. Policy Number 107-416752 - April 07, 1988 at 10:00 A.M. Policy Number 107-416761 - April 15, 1988 at 2:18 P.M. Policy Number 107-572444 - Sept. 13, 1986 at 8:54 A.M. Policy Number 107-419057 - February 22, 1989 at 10:01 A.M. Policy Number 107-419061 - April 04, 1989 at 11:59 A.M. 2. Lawyers Title Insurance Corporation: Policy Number 85-01-430697 - October 27, 1989 at 10:11 A.M. Policy Number 85-01-337195 - October 27, 1989 at 5:00 P.M. Policy Number 85-01-430684 - April 03, 1990 at 5:00 P.M. Policy Number 85-01-337200 - May 01, 1990 at 5:00 P.M. Policy Number 85-01-430676 - May 10, 1990 at 5:00 P.M. Policy Number 85-01-430679 - May 11, 1990 at 5:00 P.M. Policy Number 85-01-430678 -- June 06, 1990 at 5:00 P.M. Policy Number 85-01-430682 - June 06, 1990 at 5:00 P.M. Policy Number 85-01-430677 - June 11, 1990 at 5:00 P.M. Policy Number 85-01-430686 - July 10, 1990 at 5:00 P.M. Policy Number 85-01-430689 - August 01, 1990 at 5:30 P.M. Policy Number 85-01-430688 - Sept. 10, 1990 at 5:30 P.M. Policy Number 85-01-430693 - Sept. 19, 1990 at 7:00 P.M. Policy Number 85-01-430694 - Sept. 19, 1990 at 5:30 P.M. 3. Attorneys' Title Insurance Fund, Inc.: Policy Number OPM 396404 - Sept. 260 1990 at 5:00 P.M. Policy Number OPM 578528 - Sept. 28, 1990 at 5:00 P.M. 4. Attorneys' Title Insurance Fund, Inc. Computer Checkdown from January 13, 1987 through February 26, 1992 at 11:00 P.M. EXHIBIT "A" CONTINUED ON NEXT PAGE 92- 297 0 I&P As to Tracts "B" and "C", "DOUGLAS GARDENS REVISED", according to the Plat thereof, recorded in Plat Book 123, page 49, and a portion of Tract "B", "DOUGLAS GARDENS WEST", according to the Plat thereof, recorded in Plat Book 140, page 52, I hereby certify that I have examined the -_ following covering the period from the beginning to February 26, 1992 at 11:00 P.M.: , 1. American Title Insurance Company: Abstract, Cert. No.80-12927 Sept. 03, 1980 at 12:00 P.M. Abstract, Cert. No.88-03510 June 16, 1988 at 12:01 A.M. Abstract, Cert. No.88-05748 November 03, 1988 at 12:01 A.M. 2. Lawyers Title Insurance Corporation: Abstract, Cert. No. 90-74052 August 20, 1990 at 3:30 P.M. Abstract, Cert. No. 90-73799 June 07, 1990 at 3:30 P.M. 3. Lawyers Title Insurance Corporation Owners Policy r� Policy Number 85-01-430680 Policy Number 85-01-430681 =_ Policy Number 85-01-430683 Policy Number 85-01-430685 Policy Number 85-01-337197 = Policy Number 85-01-337198 = Policy Number 85-01-337199 Policy Numbe: 95-01-337196 4. Chicago Title Insurance Company: F Policy Number 106390200075 .e 5. Attorneys' Title Insurance Fund, Inc. Computer Checkdown from December 1, 1989 through February 26, 1992 at 11:00 P.M. EXHIBIT "A" 92- 297 ai5 LEGAL DESCRIPTION OF DOUGLAS GARDENS SOUTH Block 5 and a portion of Block 6, "CORRECTED PLAT OF ALTA VISTA", according to the plat thereof as recorded in Plat Book 6 at Page = 0..together with Tracts "B" and "C", "DOUGLAS GARDENS REVISED" -i according to the plat thereof as recorded in Plat book 123 at Page _ 49; and a portion of Tract "B", "DOUGLAS GARDENS WEST" according to the plat thereof as recorded in Plat Book 140 at Page 52,. each of the Public Records of Dade County, Florida; -also together with portions of the Rights -of -Way of Northeast 1st Court (Australian Court) and Northeast 51st Street (Douglas Avenue) adjacent thereto:- All of the above being more particularly described as - follows: Begin at the Northeast corner of said Tract "B", "DOUGLAS GARDENS REVISED"; thence run South 0 degrees 23 minutes 00 seconds East, along the Easterly Boundary of said Tract "B" and its Southerly prolongation, for 415.17 feet (last described course being parallel with and 35.00 feet West of as measured at right angles to, the East line of the Northeast 1/4 of Section 24, Township 53 South, Range 41 East); thence North 89 degrees 27 minutes 41 seconds West, along the South boundary line of Lots Land 2 of said Block 6 for 125.07 feet; thence South 0 degrees 21 minutes 52 seconds East, along the East boundary of Lot 10 of said Block 6 for 110.14 feet; thence North 89 degrees 27 minutes 07 seconds West along the South boundary line of said Block 6, its Westerly prolongation and the South boundary line of said Block 5 for 670.65 feet; thence North 0 degrees 15 minutes 42 seconds West, along the West boundary line of said Block 5 for 220.06 feet; .t thence North 0 degrees 06 minutes 25 seconds West, for 69.66 feet; thence North 0 degrees 16 minutes 02 seconds West for 183.12 feet;' thence South 89 degrees 59 minutes 34 seconds West for 4.18 feet to a point on a curve; said point bears North 70 degrees 31` minutes 09 seconds East, from the radius point of the next described curve; thence Northwesterly, along a circular curve to the left, having a radius of 75.00 feet and a central angle of 3 {_ degrees 31 minutes 30 seconds for an arc distance of 4.61 feet (last mentioned three courses being coincident with the Westerly boundary lines of Tract "B", Plat Book 140, Page 52); thence South 89 degrees 28 minutes 15 seconds East, along the Southerly boundary line of Tract "A", (Plat Book 123, page 49) for 583.83` feet; thence North 52 degrees 17 minutes 07 seconds East for 77.49j. feet; thence South 89 degrees 28 minutes 15 seconds East, for 155.00 feet to the Point of Beginning (last mentioned two courses:5 a t,, being coincident with the Southerly boundary lines of said Tract` "A"), lying and being in the City of Miami, Dade County, Florida. EXHIBIT "B" 9 2 - 297 Y � 4&COMMERCIAL4F TRUST BANG PLACE AND DATE OF ISSUE MIAMI, FLORIDA MARCH 6, 1992 APPLICANT MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, INC. 151 N.E. 52nd STREEET MIAMI, FL. 33137 • yy 4 ,i h F Q CREVOCABL.E. NUMBER DOCUMENTAPIY EDIIt L/C-0331 DATE AND PLACE OF EXPIA MARCH 6, 1993 COW ERMAL TRUST BANK BENEFICIARY — CITY OF MIAMI =- DEPARTMENT OIL PUBLIC WORKS - 275 N.W. 2nd STREET MIAMI FL. 33128` Gentlemen: ms By order and for the account of the Mina'4t Jewish Home11and ' Hospital for the Aged, Inc., we hereby. open JIM rrevbCable Standby Letter of Credit 0331 in your:favor`#for an uii not, to exceed the aggregate of ONE HUNDRED Llii'I; F�UxE ' Ii`82SAND AND 00/100 US DOLLARS ($184,000.00),• effective immediateiyrand c expiring at our 1101 Brickell Avenue.Offite'e Miami,'Florida 33131, with our close of business on'March 6i,1993. —_ Funds under this Letter of Credit are availabii to:'you ggainst your draft(s) drawn on us at sight iaentioiifii ,ot r' Itetter<. of Credit NO. 0331. Each such drafts) ' must', K!be, �accompaiiied by _ your signed written statement reading as follows: "We hereby certify that .the'.'Miami:�,Jawish Home; and Hospital for the Aged, Inci�ihas;failed td_"complete.the improvements required:by letter., Vl' 4991'1• of; City of Miami before March 6,-,-t1m9 : This Letter of Credit shall be valid .until;Marrb,.v6, 19�3, •'and �. s . .. ,� . • ._ _ :r shall thereafter be automatically .16ieated �frn;I iiccessive►bue-' year periods upon such date.. unle`set at ># a isix�Cy �(b0)' _days,:, prior to any such anniversary,`. date:,""inotifi y ufiA tl Ito r? the City of Miami Public Works 1 bepaxttiAnt ec ors •�2iS .N.W. 2nd Street, Miami, Florida 33128, !' .,thal� iw;J; *4e1 a- not ; t to _ so renew this Letter of Credit Uponreceipt by ,you``o'''Isuch notice, you may draw hereunder by. y9ur:�¢refts draw'' ,at sight on us and accompanied by a statement signed;by`.lthe.Direator -of the Public Works Department to the".. ffi6f t . tfiat 'the:aforesaid bond is in full force and _'effect on=that-'datyeb We hereby agree with drawer6,:endornera','and.1bo+na'jfide-hol4ers' is 's of all drafts drawn wader• and. in compliancewith ,:the tarms of f this credit that such., will be; dtlp °'honoired upon ! presentation to the drawee., t #lttBi�t�+"j�3lt Yt I � .. / .. • - T c *i +..*. ri h:1w,�( 2,ws � .s.+ � 9ts.l. � t I y i '• „�I *J C� � .: q ," t F-� "S ti•*'W+( i � � I��1f44 l' ST`i ti .'4. Rih YR 1 � .. bt .. t. r " i.: �'tla bt��.r W �t /i I,l iPrs• y Z#• $� 444 . 1 j E " t .. wi� •a" i.an s �w. + , h.. r i .t4N `1` 1; t If. ! 1 i�..r,«+��'"`�"��,��i�wh,��i`s•h��•H`1e+a 7�wn.'�w ��}+�r"i,�t ... ,. is f. COMMERCIAL THUST BANK EVOCABLE: NUMBER DOCUMENTARY CREDIT' ' -- t ;z L/C-0331 -- DATE AND PLACE nO EXPIRY — PLACE AND DATE OF ISSUE -- MIAMI, FLORIDA MARCH 6, 1992 MARCH {6, 1993`C0MMERftAL TRUST BANK APPLICANT BENEFICIARY MIAMI JEWISH HOME AND HOSPITAL FOR THE CITY OF MIA4i AGED, INC. DEPARTMENT OF'LPUBLIC WORKS -_ 151 N.E. 52nd STREET 275 N.W. 2nd STREET MIAMI, FLORIDA 33137 MIAMI,-FL. 3312$'I, , Page 2 March 6, 1992 , �-- Letter of Credit No. 0331 Unless otherwise'expressly, stated. -.this : c'redjt:td' eubjecC to the Uniform Customs and Practice for bocumlentaryrCredit: t(10$3 nor Revision)International Chamber of Commerce 'P4kicatiion ' N13.i . . 400. .; t Sincerely, 1 f ♦ i#+ ( (i.,. , Q!+� i {it� t { �f{'k i«�. t <b �� l,• Ed Bodkin Sr. Vice President zk I� ' , t � ��� i ; ; �•` .�F j f[[s ({{1 •p < j f+}{ �`t r' ISTk''. t` , f 4,� �� i et{•�{w�i ``��� � �N gS¢,��Y,�+� �jaA?'{ 1�} 'A � ;.�� �yy� �-1 :iNi'i kij I�#y�� y�yya#j plrs:.ti }]fj $i n k f a• «,.N �, r+' � j( i el n 1 r `� ♦'f} ` - ri .e ..' � � •..- .MS"*' N•ht f ti,.s... s ilrl i 1 I �'� j } S --* �,.''�' ^?� th �,. pp,a � � 1 M Ii. �� r'� � 4• yYyr I",h a + .r:.Ffi $j +..9eC ,#"•.,qfp .jj 1k, i e fi144 ..' � � ' �1 iMtr" ,i�e� �..n �5'mwjt ��'{t�'� ;S4.NA!.� i ��{t�thi.-.b ��`w. , ! �:"��a`�.. �, f�•,.�`+,{3 .. fl .� .. «�+f 1 j((�w��r �•^T" rrri+gre a` �` j�Wi"�- r: � St}x '• I�- :t ��. ~ti .�t�"i�h.�.g,'����,r.D.-t �C��"�{ bT',r I<zm xR �A ' � E Y t s y 4: 4 i,! �-'�,"a���� xstF � i ` ► :� ( � i i�..�. �' �' xi�. R c �' F.fyY�«��cE•.%.��i� FF� 1•Yb r�+ iai� �{ ��,.�r�+ae _.:' ` t i7 +t ~X� ,t,l e1Mr1M ����� ��� ,i V � i+4���, /•* f Jf7c iiii"y�. ♦;� 7 w94 --Lc A •t..tyr. MipLa { nA kit This Declaration of Restrictive Covenants (hereinafter "Declaration") made this day of , 1992, by the Miami Jewish Home & Hospital for the Aged (hereinafter "Owner"), is in favor of the City of Miami, Florida, a municipality located within the State of Florida. HIXx&aaAIT71s WHEREAS, the OWNER holds fee -simple title to certain Property in the City of Miami, Florida (hereinafter the "City"), located at 180 Northeast 51st Street, Miami, Florida, more particularly described as Lot 2, Block 6, ALTA VISTA CORRECTED, Plat Book 6 at Page 4 of the Public Records of Dade County, Florida (hereinafter the "Subject Property"); and WHEREAS, the OWNER is presently requesting from the City of Miami Commission approval of a final plat for the SUBJECT PROPERTY and other property owned by the OWNER; and WHEREAS, provided the final plat is approved by the City of Miami Commission, the SUBJECT PROPERTY will be known as the DOUGLAS GARDENS SOUTH PLAT. WHEREAS, the OWNER is desirous of making a binding commitment to assure that the SUBJECT PROPERTY shall be developed in accordance with the provisions of this Declaration. NOW, THEREFORE, the OWNER voluntarily covenants and agrees that the SUBJECT PROPERTY shall be subject to the following restrictions that are intended and shall be deemed to be covenants g running with the land and binding upon the OWNER of the SUBJECT PROPERTY, and its heirs, successors and assigns as follows: 92- 297 2q 1. The one-story building located on the SUBJECT PROPERTY at the time this Declaration is executed, will be demolished within three years from the date that the final plat entitled "DOUGLAS = _ GARDENS SOUTH" is recorded in the Public Records of Dade County, Florida. Effective Date. If the City of Miami Commission approves the OWNER's final plat, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the SUBJECT PROPERTY and be binding upon the OWNER, its heirs, successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners of the SUBJECT PROPERTY and for the public welfare. _ Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the SUBJECT PROPERTY by a written instrument executed by the then owner of the fee -simple =_ title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Commission after a public hearing. Should this instrument be so modified, amended or released, the Director of the City's Planning, Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. The Director of the Planning, Building and Zoning Department shall execute a release of this Declaration, without the requirement of a public hearing, provided that the OWNER demolishes the building presently located on the SUBJECT PROPERTY. Inspection and Enfor- a nprn�t. It is understood and agreed that any official inspector of the City of Miami may have the right any time during normal working hours of entering and investigating the use of the SUBJECT PROPERTY to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An enforcement action shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. Eeverability. Invalidation of any one of these covenants by judgment of Court shall not effect any of the other provisions of the Declaration, which shall remain in full force and effect. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the OWNER. IN WITNESS WHEREOF, the under gned have set their hands and seals this day of , 1992. OWNER: WITNESS MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED e - 3 - BY: Executive Director 92- 297 31 STATE OF FLORIDA ) SS: COUNTY OF DADE ) on this the day at , 1992, before as, the undersigned authority, personally appeared Marc Lichtman, as Executive Director of the MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED, to me well known to be the person described in and who executed the foregoing instrument and who acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official real: Nota 1 c My Co ission Expires: State of Florida -At -Large Personall known to me. —�7 oath not taken. 0j**M%rr%A"43 s.nc - 4 - 92— 297 3ol. CITY OF MIAMI. FLORIDA CA=20 INTER -OFFICE MEMORANDUM To . Honorable Mayor and Members DATE APR 2 J 1'992 FILE of the City Commission SUBJECT DOUGLAS GARDENS SOUTH Resolution Accepting Proposed Record Plat Located on Northeast 50 Terrace between FROM REFERENCES Northeast Miami Place and Cesar H. Odio Northeast 2 Avenue City Manager ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat Douglas Gardens South and providing 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 Douglas Gardens South is a replat of Block 5 and a portion of Block 6, Corrected Plat of Alta Vista (6- 4); Tracts B and C, Douglas Gardens Revised (123- 49); and a portion of Tract B, Douglas Gardens West (140-52); also together with portions of rights -of -way on Northeast 1 Court (Australian, Court) and Northeast 51 Street (Douglas Avenue) adjacent thereto, lying in Section 24, Township 53 South, Range 41 East, City of Miami, Dade County, Florida, being more particularly described as follows: See complete legal description on attached page. The area platted consists of one (1) tract containing 8.34+ acres. It is zoned G/I. 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