HomeMy WebLinkAboutR-91-02043/4/91
RESOLUTION NO. 91.-- 204
A RESOLUTION ACCEPTING THE PLAT ENTITLED "TROPIC
GARDEN", 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The plat entitled "TROPIC GARDEN" is a
resubdivision of Lot 4, Block 12, "tend Gardens", Plat Book 46,
at Page 51, and a Subdivision of Portion of SE 1/4 of �SE 1/4 of
Section 2, Township 54 South, Range 40 East, City of Miami, Dade
County, Florida, which plat by reference is 3nade a part hereof as
if fully i ncorpo► dted herein, and, subject to all of the
conditions required by the Plat and Street Committee as set forth
l/
as Exhibit "A" attached hereto is hereby accepted. The
dedications shown on the plat together witn the dedications to
the perpetual use of the public of all existing and future
planting, trees and shrubbery on said property, are hereby
accepted and confirmed by the City of Miami, Florida.
Section 2. The Covenant To Run with The Land executed by
Tropic Garden Investment, Inc., postponing the immediate
construction of full width street improvements (curb & gutter,
pavement and drainage) on S.W. 8 Street, until such time as
required by the Department of Public Works of the City of Miami
I
Section 3. the City Manager and City Clerk are hereby
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Cade County, Florida.
Section 4. This Resolution shall become effective
immediately upon its adoption6
PASSED AND ADOPTED this 14thi
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CESAR H. 0010
City MAROW
March 19, 1990
Tropic Gardens Investment Corporation
6926 S.W. 8th Street
Miami, Florida 33144
Gentlemen:
TROPIC GARDEN - TENTATIVE PLAT N1368
The City of Miami Plat and Street Committee, at its meeting of
February 6, 1990, 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. P1'ease
be advised that the processing of your tentative plat cannot
proceed until these conditions have been satisfied.
Correct the existing zoning.
Correct the legal description of the property.
In addition to the above requirements. you should be aware of
the following:
1. State and local Taws require the installation of various
physical improvements in the public rights -of -way when
property is platted. These subdivision improvements
inc'l.ude paving, drainage, landscaping, sidewalks, etc. In
some,. cases this could represent a substantial investment
on your part.
a. The alteration, relocation or installation of utilities
such as storm and sanitary sewers, 11 lbetatc theeproperty r
water, etc., caused by this p
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 ybuilding
..c ontrec in i
nson
Tropic Gardens Investment Corporation March 19, 1990
Tropic Garden
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.
S. 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 it was approved.
If you have any questions concerning these requirements, please
refer to the attached sheet for the appropriate person to contact.
Sincerely,
ames J Kay,
Chairman, Plat & Street Committee
JJK:gc
Enclosure: Contact Sheet
cc: J. Bonfill, P.L.S.
Plat and Street Committee Members
File
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CITY OF MIAMI - PUBLIC WOO
ENGINEERING .. SUBDIVISION CONTROL
OPINION OF TITLE
TOs CITY OF MIAW) a Municipal Corpo=atidn
With the understanding that this Opinion of Title is furnished
to the CITY OF NMAN19 FLORIDA, in compliance with Section 54.5-8
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 certif ied that I have examined
a complete Abstract of Title and Attorneys' Title Insurance fund,
Inc., computer updates covering the period from the 'BEGINNING to
March 4th. , A. D. 19919 at 11: 00 A. K , inclusive, of the following
described real property:
(Describe only realty to be subdivided)
See Legal Description in EXHIBIT "A" attached hereto and made a
part hereof by reference as fully set forth.
Basing my opinion on said complete abstract updated through
ATID SYSTEK covering said period I am of the opinion that on April
12th. , 1990, and in the last mentioned date the fee simple title to
the above described real property was vested in:
TROPIC GARDEN INVESTMENTS, INC., a Florida corporation
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 materialmens' liens.
5. Zoning and other restrictions imposed by governmental
authority.
SPECIAL EXCEPTIONS
6. Mortgage given by TROPIC GARDEN INVESTMENT, INC., a Florida
corporation, to OCEAN BANK, a state banking corporation, in
the original amount of $90, 000. 009 dated April 260 1988, f iled
for record April 279 1988, in Official Records Book,13658, at
Page 3077, under Clerk's File No. 88R,144434, of the Public
i
• EXHIBIT "A"
i
_ BEGXMMNG,at the intersection of the Northerly side of
Southwest 8th Street and the Easterly Right -of Way line of the
Florida East Coast Railway, thence Northerly, along the Easterly
Bight -of -Way line of said Railway, a distance of 362.53 feet to
the Southwest corner of lot 4,.Block 12, as shown ,on the Plat
•of ZZU GARDENS, recorded in Plat Book 46 at Page 51-of the
( Public Records of Dade County, Florida, thence Easterly along
the Southerly line of said .Lot 4, a distance of 134.03 feet
to the Westexly side of Southwest ME Avenue, as shown on said
map; thence Southerly alongg the Westerly side of Southwest
t 69th Avenue a distance of 262.72 feet • to a point; thence
Westerly parallel with Southwest 8th Street �a, distance of 100
feet to a point; thence Southerly parallel with Southwest
' 69th Avenue, a distance of 100 feet to the Northerly side of
• al the Northerl side
Southwsst 8th Street, thence Westerly . y
of at 8th Street a distance of 40. feet to the lace
of ;together with impsoV is situate thereon
! ai the PROP C GARDEN MOTEL located at 6925 Southwest 8th Street,
Miami,Florida; .
and
All that tract of land lying in Section 2, Township 54 South,
Range 40 East, in Dade County, Florida, described as follows:
Co®euce.at the intersection of the'Northerly line of Southwest
- 8th Street 4nd the Easterly Bight-of-Way•liae of the Florida
East Coast Railway, and run thence Usterly on the North'liue •
of Southwest 8th Street 40.34 feet to the Point of Beginning;
thence run Northerly parallel to the West line of Southwest
69th Avenue one hundred (100) feet to a point; thence run
Easterly parallel to *the North line of Southwest 8th Street
one hundred (100) feet to a ppoint on the West line of. Southwest
69th Avenue; thence rSbutherly on the West line of Southwest
un
69th Avenue one hundred (100) feet to the Point of Intersection
of -the North line of Southwest 8th Street and the West line of
Southwest 69th•Avenue; thence run Westerly one huadr (100)
feet on the North line of Southwest 8th Street to the Point of
suing; less any portion of the above described property
included in Southwest 8th Street and/or Southwest 69th Avenue
for the curvature of the corner -of the intersection of said
Street and Avenue.
SAID TWO (2) LOTS MRE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the intersection of the Northerly side of
Southwest Sth Street and the Easterly Right -of -Way line of the
Florida East Coast'Rail Way; thence run Northerly along the '
Easterly Right -of -Way line of said Railway for a distance of
362.53 feet to the Southwest corner; of Lot 4 in Block 12 as
shown of the Plat of ZENA. GARDENS Subdivision, according to
the Plat thereof as recorded in Plat Book No. 46 at Page No. 51
of the Public Records of Dade County, Florida. Thence run
;= Easterly along the Southerly line of said Lot 4 a distance of
134.03 feet to the Southeast corner of said Lot 4; thence run
Southerly along the Vesterly side of S.W. 69th Avenue a distance
of 362.72 feet to the point of intersection of the North line
of S.W. 8th Street and the West lire of S.W. 69th Avenue. thence.
rum Westerly a distance of 140.34 fegt to the point of begianiag.
Less that portion of the described property included in Southwestl
8th Street and/or Southwest 69th Avenue for the curvature of
the corner of the intersection of said street and avenue.
and
Lot 4, Block 12, ZENA GARDENS, according to the Plat thereof, as
recorded in Plat Book 46, at Page 51, of the Public Records of
Dade County, Florida.
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8. Assignment of Leases and Rents in favor of OCEAN BANK, filed
for record April 27, 1988, in Official Records Book 136580 at
Page 3105, under Clerk's File No. 88R-144441, of the Public
Records of Dade County, Florida.
9. Mortgage in favor of GOHEMOR INVESTMENT CORPORATION, in the
original amount of $1680000. 00, dated June 109 1981s filed
June 18, 1981, in Official Records Book 11134, at Page 1314,
j
under Clerk's File No. 81 R-163252, of the Public Records of
Dade County, Florida; however, this Mortgage has been
subordinated to the lien and operation of the mortgage in
favor of OCEAN BANK, by Subordination Agreement dated April
26, 1988, f iled f or record April 27, � 1988, in Of ficial Records
Book 1365% at Page 3092, under Clerk's File No. 88R-144435.
10. Conditions, restrictions, limitations, and easements contained
in the plat of ZENA GARDENS, as recorded in Plat Book 46, at
Page 510 of the Public Records of Dade County, Florida. The
restrictions do not embody and are not accompanied by right of
reverter and have not been violated.
11. Conditions, restrictions, limitations and easements contained
1,
in the plat of LOUIS SUBDIVISION, as recorded in Plat Book 64,
at 910 of the Public Records of Dade County, Florida. The
restrictions do not embody are not accompanied by right of
reverter and have not been violated.
12. Warrant for the Collection of Delinquent Tax, issued by the
State of Florida, against GRACE CILBRITH, dated August 24,
1972, filed August 24, 1972, under Clerk's File No. 72R-
i
190939, of the Public Records of Dade County, Florida.
13. Residential Subdivision Restrictions and Protective Covenants,
as recorded in instrument dated December 16, 1947, filed
December 189 1947, under Clerk's File No. W-1017711 of the
Public Records of Dade County, Florida. The restrictions do
not embody and are not accompanied by right of reverter and
have not been violated.
Theref ore 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 HIAMI, FLORIDA, and the public, a good and
proper title to the dedicated areas shown on the Plat of the
aforedescribed property, the subdivision thereof to be known as
TROPIC GARDEN
NAME
OCEAN BANK
GOHEMOR INVESTMENT, INC.
INTEREST
SPECIAL EXCEPTION
NUMBER
Mortgage Six
Mortgage Nine
I, the undersigned, f urther certif y that I am an attorney -at-
law duly admitted to practice in the State of Flor,�da, and I am a
member in good standing of the Florida Bar. �T
Respectfully submitt /EYis 11 th. , day
of March, 1991. �{ / /
Armando A. Pardil.lo, Adq.
1401 Ponca de Leon Blvd. #202
Coral Gables, Florida 33134-4007
(305) 444®0100
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
February 4, 1991
REPORT OF PROPOSED RECORD PLAT OF
"TROPIC GARDEN"
LOCATED AT S.W. 8 STREET A S.W. 69 AVENUE
5. The area platted is encumbered by mortgages and the mortgage
holder has executed the plat and joined in its dedications,
6. Since there is no full width street improvements (curb A
gutter, pavement A drainage) on S.W. g Street in the
vicinity of the property platted, it 1s recommended that a
covenant be accepted postponing the immediate construction
of these lmnrovements anti i tha a r. InA . F . --- W-191—
COVENANT TO RUN WITH THE LAND
WHEREAS, _ TROPIC GARDEN INVESTMENTS_. ,INC.
(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,
t,
where the Context so requires or admits) is the present fee
simple owner of a subdivision entitled TROPIC GARDEN
as recorded in
Plat Book at Page of the Public Records of
Dade County, Florida; and
a�
WHEREAS, The City of Miami, a municipal corporation in the
i 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
s
constructed at no expense to the CITY, the following improvements
w,i.,thin the area and/or on the streets abutting
said subdivision.
Full -width street improvements (curb & gutter,
pavement and
drainage) on S.W. 8 Street
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and
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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
e
desirable:
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NOW, THEREFORE, in consideration of the premises herein
It
set out, the OWNER hereby covenants and agrees with the CITY
to construct or catise 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 Wrorks of the City of Miami, Florida,
addressed to the OWNER, at 6925 S.W. 8 Street, Miami, Flo 'cla 33144.
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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
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affecting the title to the aforesaid subdivision or any portion
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thereof.
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In the event that the OW14ER or any future fee simple owner
of any lot in said subdivision shall fail to cause the aforementioned
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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
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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 they
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OWNER and/or said fee simple owner, and the amount of such cons
truction cost shall be declared and established- as a lien on the
a
,.
property of such defaulting OWNER and enforced as any lien for
materials furnished and work and labor done, as provided under
a
-' theStatutes of Florida.
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IN WITNESS WHEREOF the OWNER has caused this agreement
to be executed this 13th' day of November A.D., 19, go
Signed, Sealed and Delivered OWNER
in the Presence of;
ATTEST:
s Secretary, e6stor
(Corporate Seal)
ATTEST:
SEAL)
(sue)
(SEAL)
(SEAL)
(SEAL)
(sue)
Tropic Garden Investments, Inc.
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(Co orate.qe)
7a/President
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APPROVED:
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is ors
,,�Krtmedto
THIS INSTRUMENT
WAS
APPROVED'AS
TO FORM
AND
PREPARED BY:.
LEGALITY:
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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 and Del red
TROPIC:GAIM nWESMMM, M.
in the Presence oft
CORPORATE SEAL:
NESS—
STATE OF FLORIDA)
COUNTY OF DADE;-.) r.
4
I HEREBY CERTIFY that on this day Of November A.D.0
1990 , before me personally appeared RENE ANSUAREZ and NESTOR GOMEZ,
as President and Secretary respectively of TROPIC GARDEN INVESTMENTS;
INC.
;
A corporation under the laws of the State of Florida , to me known to
be the persons who signed the foregoing instrument assuchofficers
and severally acknowledged the execution:thereof to be their free act
and deed as such officers for the uses and purposes therein mentioned
and that they affixed thereto the official seal of said corporation,
and that the said instrument is the act and deed of said corporation.
WITNESS my hand and official seal At Miami, County of Dade, and
State of Florida, the day and year last aforesaid.
r W., hbk State Of Florida
CO"W" EqIrn Fek is, 199S
Dondd Th-in wo -lam&-u.
W!,T
RY C ISSION EXFIRES: NO YPUBLIC
STATE OF FLORIDA Agr LARGE"'
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APPROVED;
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'OR' air ]PUBLIC wow
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This Instr=ent Prepaied b
Department of Law
City of MiamiFlortd
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