HomeMy WebLinkAboutR-91-01160
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"HUGHES ESTATES SECTION 0ItE"0 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 herein plat; v
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Tne plat entitled "HUGHES ESTATES SECTION
ONE", is a resubdivision of a portion of Lot "A", "Ewanton
Heights", Plat Book B at Page 52, lying in Section 21, 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
"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 Covenant To Run With
The Land executed by
Howard R. Scharlin, postponing the immediate
construction of full
width street improvements (sidewalk, curb &
gutter, pavement and
drainage) on Devon Road and Main Highway, until such time as
required by the Department of Public Works
of the City of Miami
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CITY CormssIox
LAH MFETII�fiCMENTS FED x4 11AINED
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is hereby accepted and the proper officials are directed to
record said covenant after plat has been recorded in the Public
Records of Dade County, Florida.
Section 3. The City Manager and City CierK 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 14th day of
1991.
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PREPARED AND APPROVED BY:
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CHIEF ASSISTANT CITY ATTORNEY
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APPROVED AS TO FORM AND.
CORRECTN
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CI Y ATTORN Y
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COVINANT TO _ AUX WITH T14E LAND
WHEREAS, HOWARD R. SCHARLIN (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
HUGHES ESTATES -SECTION ONE 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 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:
That portion of the -full -width street improvements on the street
abutting said subdivision`(sidewalk, curb, outer pavement:" and`
drainage) on Devon Road and Main Highway not installed on the date
of adoption of said plat; 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 in the'`future'as he is notified by`the
CITY that the 'aforementioned improvements are necessary or
desirables
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, 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 1399 S.W. First Avenue, 4th Floor,
Miami, FL 33130.
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 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 OWNER and/or said fee simple owner, and the amount of such
construction cost shall be declared and established as a lien on
the 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.
1�ppROVEb: -
Department of Public Works
This instrument was
prepared by:
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
APPROVED AS TO FORM AND LEGALITY:
.
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
acknowledgments, HOWARD R. SCHARLIN, to me well known to be the
person described herein and who executed the foregoing instrument,
and acknowledged before me that he executed the same freel,,y ` and
voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at Miami, County of
Dada, State o Florida, this ,_, day of vAi
CITY OF MIAMI - PUBLIC WORKS
ENGINBBRINO - SUBDIVISION CONTROL
OPINION OF TITLE
To: CITY OF MIAMI, a municipal corporation.
With the _understanding that this opinion of title .is furnished to the CITY OF MIAMI, FLORIDA,
In compliance with Section 64.5-8 of the City's 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 complete Abstract of Title and Attomeys' Title Services, Inc. computer updates covering
the, period from the BEGINNING to January 16, 1991 at 7:00 p.m. inclusive, of the following described
real property:
(Describe only realty to be subdivided)
SEE EXHIBIT"A! ATtACHED HERETO AND MADE A PART HEREOF.
Basing my opinion on said complete abstract or title policy 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:
HOWARD R. SCHARLIN
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered, unless noted below that such
taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Mortgage from Howard R. Scharlin, joined by his wife, Gloria Scharlin, to City National
Bank, dated November 1, 1988, recorded in Official Records Book 13878, at Page 1840,
Public Records of Dade County, Florida
2. 1990 real estate taxes have been paid.
Therefore it is my opinion that the following parties must join in the platting of the above
described real property in order to grant the 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 Hughes Estate Section One.
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SPECIAL EXCEPTION
NAME INTEREST NUMBED
City National Bank
Mortgagee 1
Howard k Scharllm Fee Owner
I, the undersigned, further certify that I am an attomey-at-law duly admitted to practice in the
I State of Florida, and am a member In good standing of the Florida Ear,
' Respectfully submitted this day of January, 1991.
John Lanletta, Csc�
1399 Avenue
Miami, FL 33130
358-4222
M
AORLNMRNT 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, HOWARD R. SCHARLIN (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
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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 HUGHES ESTATES -SECTION ONE, 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, require 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 ofcertain
improvements therein enumerated, the performance of which Agreement
shall be'secured by a good and sufficient Performance Bond, Letter
of Credit or Cashier's Check;
NOW, THEREFORE, the Owner hereby covenants and agrees with
said City as follows:
1. Within one (1) year from the effective date of the
acceptance and confirmation of said plat by the Commission,,, of said
City, or prior to the issuance by the City of Miami of a
Certificate of Occupancy for the premises, the Owner, will
construct, or cause to have constructed, at his own expense and in
accordance with standard specifications- of 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
I'B"=and made a part hereof. Although one year is allowed for the
completion of theaforementionedimprovements, it is not in the
public.>interest that such construction work should be prolonged to
_ the f�extent .,that it, would have a disorganizing effect upon i the
neighborhood, After the work is started,, the Owner hereby agrees
to vrose cuto said._ work progressively so as to complete it in a
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reasonable length of time as determined by the Department of public
Works
t 2. in accordance with the previsions of said Chapter 54
Section 54-30 and Chapter 54.5 THE CODE OF THE CITY OF MIAMI,
FLORIDAt the Owner herewith tenders to the City a Letter of Credit
duly executed by the (Bank) UNITED NATIONAL BANK, in the amount of
$17,600.00, which amount is not less than one hundred (100%)
percent of the estimated cost of the construction of the
improvements listed in the attached Exhibit "B", plus twenty-six
(26%) percent for engineering 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.
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) UNITED NATIONAL 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 of the aggregate
amount of $17,600.00.
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-six
(26%) percent 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 provided for
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cviiecz tine rinai tozai costs or saia improvements, together with
any engineering and contingent costs, and any damages direct or
indirect, not to a-xceed twenty-aix (26%) percent 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. Said setter of Credit is attached hereto as
Exhibit "C" and made a part hereof by reference.
IN WITNESS WHEREOF, the Owner has caused this Agreement to be
executed in triplicate this %0 day of %� , 1991.
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Signed, Sealed and Delivered
Owner:
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C HOWARD R. SCHARLIN
Approved and accepted on behalf of the City of Miami, Florida,
this day of , 1991.
By:
it tor, Department of
Public Works
WITNESSES:
Form PW #178 Rev 8/77
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THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
December 4, 1990
REPORT OF PROPOSED RECORD PLAT OF
"HUGHES ESTATES SECTION ONE"
LOCATED ON MAIN HIGHWAY AND DEVON ROAD
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled "HUGHES ESTATES SECTION ONE"
was prepared by Schwebke-Shiskin A Assoc., 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 resubdivision of a portion of Lot
"A" "Ewanton Heights", Plat Book B at Page 52, Lying in
Section 21, Township 54 South, Range 41 East, City of Miami,
Dade County, Florida. The area platted consists of four (4)
lots containing 1.00+ acres. It is zoned RS-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 Robert F. Jackson, Registered Land
Surveyor, this Plat complies with the plat filing Laws of
the State of Florida.
4. The Certificate of Title Examination dated 'January 18, 19911
signed by John A. Lanzetta, Attorney, indicates that the fee
simple title to the property platted is correctly vested in
Howard R. Scharlin, and the Plat has been correctly
executed.
S. The area platted is encumbered by a mortgage and the
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7.
8.
Afth
In accordance with the requirements of Chapter 54, of the
Code of the City of Miami, Florida, a Letter of Credit #UNB-
1409 in the amount of $17,600 has been executed by Howard
Scharlin, Principal, and United National Bank. This Letter
of Credit will accompany the Agreement between the City of
Miami, Florida and the Principal to guarantee the
construction of storm sewer structures at the property
platted.
Since there is no full width street improvements (sidewalk.
curb & gutter, pavement and drainage) on Devon Road and Main
Highway 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.
The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
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LUIS A PRiE O-PORTAR, PHA, P.E. +CESAR H, 00I0
bin5ettft a ,o Yi !, City mal"Alw
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March 19, 1989
Mr. Howard Scharl i n
1399 S .w. 1st Avenue
Miami, Florida 33130
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Dear Mr. SCharlin:
HUGHES ESTATES SECTION ONE - TENTATIVE PLAT 01373
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The City of Miami Plat and Street Committee, at its meeting of
6, 1990, approved the above tentative plat subject to the
February
following revisions being made to the tentative plat, additional
being PI ease
information being provided and/or variances
that the processing of your tentative plat cannot
be advised
proceed until these conditions have been satisfied.
- Show square footage of each lot.
S_
- Florida Power & Light Company will require a 10-foot
and southwest boundaries of
+'
easement along the south
the site.
Remove encroachment of structures across lot lines
In
- before final plat submittal to City Commission.
ttyy/ lieu of -this requirement, a bond may be posted with the
- [`1cBuilding and zoning Department to ensure the removal of
the structures.
The site lies within an Environmental
Highway enervation
�j District (EPD). In addition to this,
Eaton of
scenic transportatio id(579-6086) ntactforraadditional
the Planning Department
requirements.
Correct legal description.
Show zoning classification on location sketch.
Indicate adjoining tracts.
If septic tanks are planned for sew,gebeireouiredf theIf
site, then HRS and DERM approval w q
are
a sanitary sewer system
planned for the site, then cpumpontactothenMlamicDadeforeiWater
& Sewer Authority (Mr. Rich Herrera, 665-7471) for
requirements.
Page 1 of 3
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DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Mlami, Florida 331W(3M) 579.6W
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March 19, 1990
Provide a survey tie to a section corner.
Provide curve data on existing Devon Road cul-de-sac.
1 - Provide underground utility information on adjacent
right of way.
Show the existing stone wall encroachment along Main
Highway to be relocated onto lot No. 1. This
requirement may not have to be fulfilled if the City
Commission adopts a Code amendment which would allow
the encroachment to remain.
This amendment is
Lit.` presently being drafted by City staff. At the very
�.� pres y
tom' least, however, the owner(s) will be required to enter
into a covenant in favor of the City which will
OC include an indemnification
wall clause
andinsurance
swithin t
C'J 10 requirements in order for
the public right of way.
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.
utilitiellation
2. The alteration, relocation or instaelectric�ftelephoneS
such as storm and sanitary sewers,
water, etc., caused by thisplat
maywill be at tbe he required
owner's expense. Also, utility a
on the property being platted.
3. A building permit will not be at Ue$ recorded.the proAlsoy
being platted until the final p1 building
the Certificate
be f
issued uonly y after r all anybuilding
required
construction
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.
Page 2 of 3 _
ANNl
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Ma rch 199 1990
Mrs Howard Scharl in
Hughes Estates Section One
Additional items must be provided to the City Of Miami
the final plat is
Department of public Works before
Depa. approval. you will be
the City Commission for a
submitted to
notified in writing as to What these items are after the
determined for the -necessary
amount of the bond has been
subdivision improvements.
6. Tentative plat approval is Only valid for one (1) year from
Street Committee Meeting at which
the date of the Plat and
sx
time it was approved.
If you have at ly questions concerning these requirements, please
the appropriate person to contacts
refer to the attached sheet for
Sincerely,
4ee'4- a m e s J. Kay, . E •
Chairman, plat & Street Committee
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CITY OF MIAMI, FLORIbA
INT-EA.0FF1dF. MFEMORANDUM
Honorable Mayor and Members
of the City Commission
Cesar H. Od
City Manage
RECOMMENDATION:
DATE : FEB " 41991 FILE
SUBJECT : HUGHES ESTATES SECTION ONE
SUBDIVISION Resolution Accepting
Proposed Record Plat Located on
Main Highway & Devon Road
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat Hughes Estates Section One 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 Hughes Estates Section One is a
resubdivision of a portion of Lot "A", "Ewanton Heights", Plat
Book B at Page 52, Lying in Section 21, Township 54 S.outn, Range
41 East, City of Miami, Dade County, Florida. The area platted
consists of four (4) lots containing 1.00+ acres. It i.s zoned
RS-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
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