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HomeMy WebLinkAboutR-92-0708J-92-763 10/30/92 RESOLUTION NO. 9 2— 708 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED OVERTOWN VILLAS SECTION 21 AMENDED, 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 DARE COUNTY, FLORIDA. WHEREAS, the City Department of Public Works recommends the acceptance of the plat entitled Overtown Villas Section 2, Amended; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled Overtown Villas Section 2, Amended is a resubdivision of Tracts D and E and Lots 1 through 16 inclusive, Block 4, Overtown Villas Section 2, Plat Book 125, Page 81, lying in the James Hagan Donation, Section 37, Township 53 South, Range 41 East, City of Miami, Dade County, Florida, which plat by reference is made a part hereof as if fully incorporated herein, and, subject to all of the conditions required by the Plat and Street Committee as set forth in 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. 'ATTACHMENT (S) CITY comassION MEETING OF NOV 12 1992 1WW1utWn Pic, -22— 708 IV 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 day o ATTES . MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: >,,. O'se-, IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . •Q N NES, III CITY AT EY - 2 - XAV , 1992. . S REZ, MAYOR 92- 708 • a t ON of Matt A.Inrb LUIS A PRIETO-PORTAR, PH.D., P.E. • ,,,,,I 11,,, CESAR H. 0010 Director °ro �o Y Manger February 28, 1992 TOTALSANK 2720 Coral Way Miami, Florida 33146 Gentlemen: OVERTOWN VILLAS SECTION 2 AMENDED - TENTATIVE PLAT *1422-A The City of Miami Plat and Street Committee, at Its meeting of February 7, 1992, 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. - Provide fractional description and underlying legal description In graphic form on location sketch. - Remove encroachments (C.S.S. walls) from the 6-foot and 12-foot utility easements common to lots 1 through 16. - Tracts "D" and "E" must be designated as private roads. - Meet easement requirements for various utility companies. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the Installation of various physical Improvements In the public rights -of -way when property Is platted. These subdivision Improvements Include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial Investment on your part. 2. The alteration, relocation or Installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. DEPARTMENT OF PUBLIC WORKS/275 N.W, 2nd Stmet/Miami, Florida 33129/(M) 579.6111% 9 2 - 708 TOTALBANK February 28. 1992 Overtown Villas Section 2 Amended 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. 5. Additional Items must be provided to the City of Miami bepartment 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, a James kay7..E. Chairman, PIStreet Committee JJK:mw Enclosure: Contact Sheet CC: Wilson De la Torre Plat and Street Committee Members File tW4W 92- 708 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 1s hereby certified that we have examined the complete Abstract of Title completely covering the 3 period from the beginning to September 1, 1992 . inclusive, of the following de,scri bed real property: Lots 1 throught 16, inclusive,'and Tracs D and E, in Block 4, of OVERTOWN VILLAS SECTION 2, according to the Plat thereof, recorded in Plat Book 125, Page 81 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: TOTALBANR, a Florida Banking Corporation 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 labors mechanics or materlalmen's liens. " S: Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS M 1. Restrictions contained in Plat Book 125, Page 81; amended by Amendment to Declaration of Covenants and Conditions at Official Records Book 13068, Page 612. 92- 708 SPECIAL EXCEPTIONS: Listing should include, but not be limited to such exceptions is: 6. Holder of Mortgage 7. Restrictions S. 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 NIAMI, 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 OVERTOWN VILLAS SECTION 2 AMMED Name Interest TOTALBANK, a Florida Banking Corporation Special Exception Number 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 1st day of September 1992. NAME OFt FIRM By - came fr David I. Schlosberg, Esq. 2720 Coral Way, Miami, F1 33145 Address 92- 708 IAIII�I.�II IIII III a .�,•'1+ CERTIFICATE OF CORPORATE RESOLUTION i= I, DAVID I. SCHLOSBERG, do hereby certify that I am the duly elected and acting secretary of TOTALBANK, a Florida banking corporation and that I am the keeper of the corporate records and the seal of the corporation. The following is a true and correct copy of Resolutions duly adopted by the Board of Directors of TOTALBANK, a Florida corporation duty organized and existing under the laws of the State of Florida, at a meeting duty held on Wednesday, August 19, 1992, where a full quorum was present, and duty entered in the minutes of said meeting in the book of minutes of the corporation, (if such action is required by the Article of Incorporation or By -Laws or by other legal means such as by unanimous consent of all shareholders, if authorized,) and that said Resolutions are in conformity with the applicable law, the Articles of Incorporation and the By-laws of the corporation, and that they are in full force and effect: i WHEREAS, TOTALBANK, has taken title by deed in lieu of foreclosure of that certain real property legally described as: Lots 1 through 16, inclusive, and Tracts D & E, in Block 4, being in and comprising all of OVERTOWN VILLAS, Section 2, according to the Plat thereof recorded in Plat Book 125, at Page 81, of the Public Records of Dade County, Florida which individual townhouses and Miami, Fla. addresses are set forth with more particularity below: Lot 1, Block 4 = 427 N.W. 7th Street Lot 2, Block 4 a 425 N.W. 7th Street Lot 3, Block 4 = 423 N.N. 7th Street Lot 4, Block 4 = 421 N.W. 7th Street Lot 5, Block 4 = 419 N.W. 7th Street Lot 6, Block 4 = 417 N.W. 7th Street Lot 7, Block 4 = 415 N.W. 7th Street lot 8, Block 4 = 418 N.W. 8th Street Lot 9, Block 4 = 420 N.W. 8th Street lot 10, Block 4 a 422 N.W. 8th Street Lot 11, Block 4 = 424 N.W. 8th Street Lot 12, Block 4 = 426 N.W. 8th Street Lot 13, Block 4 = 428 N.W. 8th Street Lot 14, Block 4 = 430 N.W. 8th Street Lot 15, Block 4 = 432 N.W. 8th Street Lot 16, Block 4 = 434 N.W. 8th Street all of the foregoing being in, and comprising all of OVERTOWN VILLAS SECTION 2, according to the Plat thereof as recorded in Plat Book 125 at Page 80, of the Public Records of Dade County, Florida; and, WHEREAS, due to the discovery of certain encroachments existing on and between various lots and parcels of said real property as a result of the construction of townhouses thereupon, Totalbank wishes to have said property re -platted; IT IS THEREFORE, RESOLVED, that this corporation be and it is hereby authorized to request of any appropriate governmental agency or subdivision that the real property known as: Lots 1 through 16, inclusive, and Tracts D & E, in Block 4, being in and comprising sit of OVERTOWN VILLAS, section 2, according to the Plat thereof recorded in Plat Book 125, at Page 81, of the Public Records of Dade County, Florida all of the foregoing being in, and comprising all of OVERTOWN VILLAS SECTION 2, according to the Plat thereof as recorded in Plat Book 125 at Page 80, of the Public Records of Dade County,Florida, be re -platted. FURTHER RESOLVED, that William J. Heffernan, President of Totalbank, Petronio Lopez, Assistant Vice President of Totalbank, or any other officer or director of Totalbank, acting alone in either case be and hereby is authorized to execute and deliver (and the Secretary of the Company, is hereby authorized to, but is not required to, affix the seal of the Company to and attest the same) any document, plat, or application in connection with or in furtherance of the re -platting of said property. FURTHER RESOLVED: That the authority given herein shalt be retroactive, and any and sit acts authorized herein performed prior to the passage of this Resolution are hereby approved and ratified. Dated: 1 . a?/ /f! Sa . TOTALBA%(q Florida bankhr,g corporation (Seal ) 0 2 - 708 c:\data\home&hou\resoluti To : Honorable Mayor and Members DATE : 1.7 �{ � 1992 FILE _ of the City Commission SUBJECT : OVERTOWN VILLAS SECTION 21 AMENDED Resolution Accepting Proposed Record Plat Located on Northwest 7 Street and Northwest ~, FROM : REFERENCES 8 Street between Northwest 4 Cesar H. Odio Avenue and Northwest 5 Avenue City Manager ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat Overtown Villas Section 2, Amended 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 Overtown Villas Section 2, Amended is a resubdivision of Tracts D and E and Lots 1 through 16 inclusive, Block 4, Overtown Villas Section 2, Plat Book 125, Page 81, lying in the James Hagan Donation, Section 37, Township E 53 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) tracts and sixteen (16) lots, containing 1.55+ acres. It is zoned R-3. 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 s 92-- 708