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HomeMy WebLinkAboutR-92-0299J-92--317 4/21/92 RESOLUTION NO. 9-2- 299 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED SIBILA SUBDIVISION, 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 Sibila Subdivision, is a resubdivision of Lots 1 and 2 and the East 20 feet of Lot 3, less the East 5 feet of Lot 1, Block 6, Winona Park, Plat Book 14, Page 64, all lying in Section 1, Township 54 South, Range 40 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 "Alt 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)I CONTAINED CITY COMMISSION MEETING OF MAY 14 1.92 Reaalution No. 92- 299 0 Section 2. The Covenant To Run With The Land executed by Kelly Investments, Inc., postponing the immediate construction of full width street improvements (curb and gutter, pavement and drainage) on Northwest 62 Avenue and Northwest 5 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 r, in the Public Records of Dade County, Florida. _ Section 3. The City Manager and City Clerk are hereby �.4 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 1992. CITY CLERK PREPARED AND APPROVED BY: " G. R CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: f j a CITY ATTU Y - 2 - 92-- 299 i of 7 txxtt I LUIS A. PRIETO-PORTAR, PH.D., P.E. _ CESAR H. ODIO - Director 1"City Manager � �,� ���� - j December 1 1 , 1991 1, �f ./ Kelly Investments 6410 N.W. 2 Street Miami, Florida 33128 Ladles and Gentlemen: SIBILA SUBDIVISION - TENTATIVE PLAT •1421 The City of Miami Plat and Street Committee, at Its meeting of December 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. - Show bearings on all boundary and lot lines. Indicate the assumed meridian. - Describe benchmark used. - Indicate scale for location sketch. Should be drawn to a scale of 1" = 300 feet. - In the title block Include City of Miami, Florlda and fractional description. - Provide the following in the location sketch: a. Name of proposed plat b. Name of adjacent subdivisions c. Current zoning designation of the proposed plat and adjacent subdivisions - In the main sketch Indicate the adjacent subdivisions. Remove or relocate existing fence within the 2.6' wide easement at south boundary of plat. Verify with the City of Miami Law Department that the remnant portion of lot 3 does not create a - nonconforming building site. (Contact G. Miriam Maer, Chief Assistant City Attorney at 579-8700.) 92- 299 01PAIITMINT OF PUBLIC WORKS/Vil N.W. 2nd Street/Miamr. Florida 33120/(..VS) S79-056 Kelly Investments December 11, 1991 Sibila Subdivision Provide a survey tie to a fractional corner on the main = sketch. - Add the designation "original" lot line of lot 1 on �+ main sketch. - - Indicate the actual set back distance from the one -jstory CBS residence to the east line of proposed lot 1. — - Provide underground utility information. - Show the distances between the right of way IInes and the monument lines. Show all trees. ' - FPL requires a 5-foot wide utility easement at the south property line. 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, utlIIty 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. 2 .. 92- 299 14 Kelly Investments Siblla Subdivision December 11, 1991 6. 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 1s 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 regyirements, please refer to the attached sheet for the appropriate person to contact. Sincerely. 060 mes J ay. .E. Chairman. Plat b Street Committee = JJK:mw Enclosure: Contact Sheet cc: Alberto Lorenzo-Luaces, P.L.S. Plat and Street Committee Members File - 3 - 92- 299 a SEIM THE CITY OF MIAMI, FLORIDA -- DEPARTMENT OF PUBLIC WORKS March 24, 1992 �- REPORT OF PROPOSED RECORD PLAT OF SIBILA SUBDIVISION - — LOCATED AT THE SOUTHWEST CORNER OF NORTHWEST 62 AVENUE AND NORTHWEST 5 STREET A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA ld The accompanying Plat entitled SIBILA SUBDIVISION was prepared by Alberto Lorenzo-Luaces. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. -j PERTINENT INFORMATION REGARDING THE PLAT: 1. The property platted is a resubdivision of Lots 1 and 2 and the East 20 Feet of Lot 3, less the East 5 feet of Lot 1, _. Block 6, Winona Park, Plat Book 14, Page 64, all lying in Section 1, Township 54 South, Range 40 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-1. 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 Alberto Lorenzo-Luaces, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 92- 299 (� 4. The Certificate of Title Examination dated February 24, 1992, signed by Regla M. Sibila, Attorney, indicates that the fee simple title to the property platted is correctly vested in Kelly Investments, Inc., a Florida corporation, and the Plat has been correctly executed. 5. The area platted is encumbered by mortgages and the mortgage holders have 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 Letter of Credit, No. 01/92, in the amount of $3,000.00 has been executed by Kelly Investments, Inc., Principal, and Westchester 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 and new sanitary sewer structures at the property platted. 7. Since there are no full width street improvements (curb and gutter, pavement and drainage) on Northwest 62 Avenue and Northwest 5 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. -Frank R. McMahon,Jr.' City Surveyor FM: au 92- 299 % 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, KELLY INVESTMENTS, INC., a Florida corporation. (hereinafter referred tows 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 SIBILA SUBDIVISION a copy of which proposed plat is attached hereto .and made a part hereof as Exhibit "A"; and WiiEREAS, 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: 92- 299 NO �41 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•Hiami of a Certificate of Occupancy for the premises, the Owner will construct, or cause to have constructed, at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon the estimate of cost of said improvements,.a copy whereof is attached hereto as Exhibit "B" and made a part hereof. Although one year is allowed for the completion of the aforementioned improvements, it is not in the public interest that such construction 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 crrt OF MIAMI, FLORIDA, the Owner herewith tenders to the City a Letter of Credit duly executed by the (Bank) WESTCHESTER BANK , in the amount of $ 3000.00 , 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 fr r(47%) - percent for engineering and contingent costs and damages, and upon NOME=- 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- 299 L �Q 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) WESTCHESTER 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 $ 3000.00 4. The City shallNhave 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-:9r/W(277.) 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 g P Y � Florida, shall have the right to construct, or cause*to be constructed, after public advertisement and receipt.of bids, the improvements as provided for in said Agreement, and in the event that the City Co.tnission of Miami, Florida exercises such right, it shall have the right to collect the final total costs of said improvements, together kith any engineering and contingent costs, and any damages direct or indirect, not to exceed twenty �z/!(279.) percent thereof, plus reasonable attorneys' fees, which the City may sustain on account o: the failure of the Owner to carry out and execute the provisions of this Agreement. Said Letter of Credit is attached hereto as Exhibit "C" and made a part hereof by reference. - .92- 299 10 M ' � t IN WITNESS tNREOFtthe Owner has caused is Agreement to be executed in triplicate this day of March ' A.D., 19 92 . Signed, Sealed and Delivered in the Presence of: Owner: (SEAL) (SEAL) (SEAL) ATTEST: BENITO 45 j- (Corporate Seal) ATTEST: Secretary (Corporate Seal) (SEAL) (SEAL) (SEAL) mown Principal (orporat on BENITO SIBILA President BENITO SIBILA r nc pa orporat on President Approved and accepted on behalf of the City of Miami. Florida. this Z day of4& CG/� A.D.. 192.2 By = ��z`i f Di;-ectnr, Depart�oent of Public Works 92- 299 19 CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name 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 a Delivered in the P :egc, f W I RulaM. Sibi laPKINI NA ML 2248 SW 1 St., Miami, FL. 33135 CITY, STATE AND ZIP CODE Onelio M. Sibila PRINT NAME 2248 SW 1 St., Miami, FL. 33135 PRINT AUURE55 CITY, STATE AND ZIP CODE .STATE OF FLORIDA y: �<�� BENITO SIBILA PRESIDENT .� ATTEST: BENITO SIBILA SECRETARY CORPORATE SEAL S.S. COUNTY OF DADE — - I hereby certify: That on this day personally appeared before me, an, officer duly authorized to administer oaths and take acknowledgements BENITO SIBILA (President) xom* 7�;I1XIX X9§1:dcdcW**37Y of KELLY INVESTMENTS, INC., a Florida Corporation, who mm (is) personally Known t o me or who h0xoc (has) produced number S140-060-51-414 Xx=xxxxxxxxx as indentification and who execu ed.. the forego ng instrument and acknowledged the execution thereof to be his' free act and deed as such officer(t:a for the purposes therein expressed and who did OtdMxrOU -take an oath. 92- 299 1i 11 Witness: My hand and official of March A.Q., 19 92 Signature of Person Taking Acknowledgement: P seal this �� day Printed Name of Acknowledger N. r_ Mir (Nnr_pla C._Mir) Notary Public State of FloXida _ Serial Number: (if any N/A �,10 �U My Commission Expires: � +Wz%ni_&iaa pi �bs 2.1FS- N - *d tm Me"d Damp Aaeaq APPROVED: DIRECTOR OF PUB[IC WORKS This Instrument Prepared by Department of Law City of Miami, Florida EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and KELLY INVESTMENTS, INC. FOR IMPROVEMENTS AT SIBILA SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OFTORTHWEST 62 AVENUE AND NURTHW=5 STREET * * * * * * * * * * * * * * * * * * * * * CONSTRUCTION OF NEW ASPHALTIC CONCRETE PAVEMENT Approximately 20 Square Yards NEW SANITARY SEWERS STRUCTURES Construct approximately 35 Lineal Feet of 6" Sanitary Sewer Lateral ESTIMATED COST OF IMPROVEMENTS (10%) CONTINGENT (17%) ENGINEERING AND INDIRECT COSTS TOTAL AMOUNT OF PERFORMANCE BOND, LETTER OF CREDIT OR CASHIER'S CHECK $ 300.00 $ 1,925.00 $ 2,225.00 $ 222.50 $ 416.08 $ 2,863.58 $ 3,000.00 *Information concerning the landscaping requirement shall be obtained from the City of Miami Planning Department. 92- 299 ;I �ATCHeSTeR BANK larch 17, 1992 City of Miami Department of Public Works 275 N.W. 2nd Street Miami, Florida 33128 RE: IRREVOCABLE STNU BY LETTER OF CREDIT N0. 01/92, FOR ACCO N OF KELLY INVESTS, INC. Gentlemen: I 0 We hereby authorize you to draw on us by and for the account of Kelly Investments, Inc., up to an aggregate amount of PfEE TF LGU AND NO/100 ($3,000.00), available by your drafts at signt accxm- ® panted by: © -) Original of this Stand By Letter of Credit. An ,Z b) Draft must state "Drawn under Westchester Bank, 8534 S.W. 8th Street, Miami, Florida 33144, 0 Irrevocable Stand By Letter of Credit No. 01/92.11 0 c) Draft must be accompanied by a Certificate of City of Miami Department of Public Works, O that Kelly Investments, Inc. has failed to ooTplete the impmvements as specified in res Agrearlent dated Manor 9, 1992 covering new asphaltic concrete pavement and new sanitary JX­ sewer Structures between City of Miami and Kelly Ines irm s, Inc. for Sibila Subdivision. N This Letter of Credit shall be valid until March 17, 1993 and shall thereafter by automatically renewed for successive ore -year periods upon the anniversary of its issue unless at least sixty (60) days prior to any suM anniversary we notify in writing to the City of Miami, Department of lect not to so renim this Letter of Credit Street, lion receipt ofyou ofMSuch lnotioeiyou may draw he da 33128 that we ereuder by'your drafts drawn at `Q sight on us and accorpanied by a certificate signed by the Director of the Public Works Department to the effect that the aforesaid bond is in full -force and effect on that date. We agree with you that all drafts drawn order and in oompliance with the terms of this credit shall be duly honored upon presentation to the drawee. Drafts must be drawn and negotiated not later than March 17, 1993 or the last day of any renewal period. EWept so far as otherwise stated herein, this Letter of Credit is subject to the 'T hiform Customs Practioe for Doa nantary Credits (1983 Revision), International Chamber of Cammeroe Publications e ' Mmtanam loe President 9 2- 299 --ROMt S' 8534 S.W. 8th STREET • MIAMI, FLORIDA 33144 • PHONE: (305) 266.0300 • FAX: (305) 266-8724 • TELEX: 522694 WESTCHESTTER BK P.O. BOX 441900 • MIAMI, FLORIDA 33144-9954 COVENANT TO RUN WIT" THE LAND WHEREAS, KELLY INVESTMENTS, INC., a Florida corporation, (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 as recorded in Plat gook 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. _.Full width street improvements (curb and gutter, pavement and drainage) on Northwest 62nd Avenue and Northwest 5th Street. 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 1n the future as he is notified by the CITY that the aforementioned improvements are necessary or desirable; 92- 299 . 16 , NOW, THEREFORE, in consideration of the premises herein 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, theaforementioned 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'OWiJER, at 6410 Northwest 2nd Street, Miami, Florida 33126. 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 01414ER 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 i 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 i aforementioned improvements to be constructed at the expense of the OWNER and/or said fee simple owner, and the amount of such cons- truction cost shall be declared and extablished as a lien on the �4 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. 92- 299 17 LIN IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this � day of March A.D. 19 92 Signed, Sealed and Delivered in the Presence of: PRINT ADURESSo CITY, STATE & CODE CODE ATTEST: ,-As- .Secretary " BENITO SIBILA (Corporate Seal) ATTEST: As Secretary (Corporate Seal) OWNER r nc pa or ora on BENITO SIBILA y ' BENITO SIBILA As President Principal (orpora on As President 92- 299 (SEAL) (SEAL) , rs APPROVED: �� par men u ar s THIS INSTRUMENT WAS APPROVED AS TO FORM AND PREPARED BY: LEGALITY r Cit �"i'0,�. J�,,�G� yAttorney 92-R 299 x t �t CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officers, and its corporate seal to be affixed hereto and attested to by its Secretary the dayand year first above set forth. Signed, Sealed and De v r d in the Pre ce f By: BENITO SIBILA PRESIDENT Regla M. Sibila 2248 SW 1 St. Miami FL. 33135 PRINT ADDRESS CITY, STATE AND ZIP CODE �0'11121U Onelio M. Sibila PRINI NAME 2248 SW 1 St., Miami F1. 33135 PRINT ADURESS CITY, STATE AND ZIP CODE STATE OF FLORIDA S.S. COUNTY OF DADE ATTEST: BENITO SIBILA SECRETARY CORPORATE SEAL I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements BENITO SIBILA (president) AQd; }Rr1t�t Xua9(O:uimN ay of KELLY INVESTMENTS. INC.. a Corporation, who xwv (is) personally Known to me or who 11111E (has) produced his Florida drivers license number S140-060-51-414 X-XjVjXAkXj[F& as Indentification and who executed e foregoing instrument and acknowledged the execution thereof to be his free act and deed as such officerMx for the purposes therein expressed and who did 9dU&XVftA take an oath. 92- 299 010 Witness: My hand and official seal this day of March A.D., 19 92 Signature of Person Taking Acknowledgement:C���V�1,-- - Printed name of Acknowledger N. C. Mir (Norma C. Mir) Notary Public State of Florida Serial number: (if any tam of qWda My Commission Expires: m 46,!%$r"0owbw41204 §o ad #n MWwd 9mft AWwy APPROVED: DIRLGIOR OF PUBLIC WORKS i This Instrument Prepared by Department of Law City of Miami , Florida 92- 299 00 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 the 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 February 24, 1992, inclusive, of the following described real property: Lots 1, 2 and the East 20 feet of Lot 3, less the East 5 feet of Lot 1, in Block 6 of WINONA PARR, according to the Plat thereof, as recorded in Plat Book 14, at Page 64, of the Public records of Dade County, Florida. Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: KELLY INVESTHENTS, INC., a Florida corporation. Subject to the following encumbrances, liens and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year 1991, if unpaid, and 1992. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 6. Mortgage in favor of Dessie L. Allen, dated October 4, 1991, in the principal sum of $70,000.00, recorded on October 10, 1991, in official Records Book 15227, at Page 637, of the Public Records of Dade County, Florida. 92- 299 a001 7. Deed to City of Miami over the East 5 feet for sidewalk and other uses filed on June 14, 1951, in Deed Book 3454, at Page 15, of the Public Records of Dade County, Florida. 8. Mortgage in favor of Westchester Bank, a Florida banking corporation, dated February 19, 1992, in the principal sum of $25,000.00, recorded on February 24, 1992, in Official Records Book 15399, at Page 368, of the Public Records of. Dade County, Florida. 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 subdivision thereof to be known as SIBILA SUBDIVISION. Name Interest Special Exception Number DESSIE L. ALLEN Mortgage 6 CITY OF MIAKI Easement 7 WESTCEESTER BANK Mortgage 8 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 ix day of March, 1992. NAME OF FIRM Law Offices of- lu -cz4v%411 By:— F(gG-I;A BILA t" 2248 Southwest 1st Street Miami,_ Florida 33135 Address 92- 293 d23 CITY OF MIAM1, FLORIDA CAm22 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE APR l 8 199Z F;LE of the City Commission SUBJECT SIBILA SUBDIVISION Resolution Accepting Proposed Record Plat Located At The - % Southwest Corner of Northwest FROM REFERENCES . 62 Avenue & Northwest 5 Street Cesar H. Odio City Manager ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat Sibila 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 Sibila Subdivision is a resubdivision of Lots 1 and 2 and the East 20 Feet of Lot 3, less the East 5 feet of Lot 1, Block 6, Winona Park, Plat Book 14, Page 64, all lying in Section 1, Township 54 South, Range 40 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-1. Also attached are the following documents necessary for the City Commission to consider in making their decision: (1) Resolution accepting the Plat (2) Engineering Report (3) Plat and Street letter (4) Print of proposed Record Plat