HomeMy WebLinkAboutR-91-0626J-91-7b0
8/16/91
RESOLUTION NO. 91 _. 6 2 G*
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "MAGALY 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 "Magaly Subdivision", is a
resubdivision of Lots 1 and 2, Block 15, "Kew Gardens", Plat Book
8, Page 9, Section 33, 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
Ai
accepted and confirmed by the City of Miami, Florida.
E Section 2. The Covenant To Run With The Land executed by
Amado Hernandez & Estrella Hernandez, his wife, postponing the
immediate r � e construction of full -width street improvements, (curb &
gutter), paving and drainage on N.W. 9 Street and N.W. 29 Avenue,
until such time as required by the Department of Public Works of
(
the City of Miami is hereby accepted and the proper officials are
d
directed to record said covenant after the plat has been recorded
S
in the Public Records of Dade County, Florida.
ATTACHMENTS
CONTAINED
CITY COMM SI N
YMETING OF
S F P 11 1991
91— 626
aavnaN M.
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Section 3. The city Manager and City C1erK 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 11th day of September ,
1991.
ATTES
CITY *CLERK
PREPARED AND APPROVED BY:
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS
— 2 —
91-- 626
5.
6.
7.
The area platted is encumbered by a mortgage and the
mortgage holder has executed the Plat and joined in its
dedications.
In accordance with the requirements of Chapter 54, of the
Code of The Ci ty of Mi ami , Fl on da a Letter of Credi t #SB-
1567 in the amount of $11,500 has been executed by Amado and
Estrella Nerndndez, Principal, and TerrabanK, N.A.. This
Letter of Credit will accompany the Agreement between the
City of Miami, Florida and the Principal to guarantee the
construction of landscape design, new concrete sidewalK, new
asphaltic concrete pavement and the removal of sidewalK at
the property platted.
Since there is no full -width street improvements (curb &
gutter), paving and drainage on N.W. 9 Street and N.W. 29
Avenue 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.
City Surveyor
RB : au
XIS A PRIETO-PORTAR, PH.D., P.E.
Director
October 26, 1990
Of cmitaini
OF • yy3
nnv ► in
Mr. Amado Hernandez & Estralie W.
6447 S.W. 9 Street
Miami, Florida 33155 `
Dear Mr. and Mrs. Hernandez: 7
MAGALI SUBDIVISION - TENTATIVE PLAT *1381A
CESAR H. 0010
Chy Manager
The City of Miami Plat and Street Committee, at its meeting of
October 5, 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. Please
be advised that the processing of your tentative plat cannot
proceed until these conditions have been satisfied.
indicate the 24-Inch diameter oak tree at southeasterly
' corner of site more clearly. (Sarah Eaton, Planning,
Building & Zoning. Department).
4
- The removal of the 42-Inch diameter oak tree on lot
No. 1, which apparently occurred on or after
June 26, 1990 was done in vlolatlon of the Plat &
} Street Committee's findings and.requirements of June 8,
1990 and enumerated in the writer's letter to you dated
June 20, 1990. Mitigation measures will be required by
the Planning, Building & Zoning Department and will be
included In the subdivision Improvement requirements
for this plat. (Sarah Eaton, Planning, Building &
q
Zoning Department).
Miami -Dade Water & Sewer Authority Department will
require an 8-Inch diameter water main extension in N.W.
9 Street from N.W. 29 Avenue to the west boundary of
k; lot 3. (Contact Rick Herrera at 665-7471).
- New sanitary sewer laterals will be required. (Daniel
1 Brenner, Public Works Department:).
- A fire hydrant will be required on the proposed 8-Inch
water main. (Lt. Robert Florelio, Fire, Rescue &
Inspection Services).
;1T
RA
Mr. & Mrs. Hernandez
Magall Subdivision
October 26, 1990
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. 1n
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.
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
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 .E.
Chairman, PI t & Street Committee
JJK:gc
Enclosure: Contact Sheet
CC: Wilson De La Torre, P.L.S.
Plat and Street Committee Members
File
is
Pape 2 of Z
911-- 626
„LTY OF MIAMI, FLORIDA.. PUBLIC WORKS
ENGINEERING - SUBDIVISION CONTROL
OPINION OF TITLE
TO: CITY OF MIAMI,a political subdivision of the State df Florida.
W
With the understanding that this opinion of title is furnished to CITY Of
MTAMt, FLORIDAo in compliance with h Section 54.5 - s - and as pp
inducement for acceptance of a proposetd final subdivision plat covering the
real property hereinafter described. It is hereby certified that I Iwo) have
examined the complete Abstract of Title completely covering the period frojq
the BEGINNING to July 1.1 A.O. 1991 o atxOwqA&A.N., inclusive, of thR
following descri6ea real property: "”' 12 : O1
(Describe only realty to be subdivided)
Lots 1 and 2 of Block 15 of KEW GARDENS,
according to the Plat thereof, as recor-
ded in Plat Book 8 at Page 9 of the Pu-
blic Records of Dade County, Florida.
Basingaq (our) opinion on said complete Abstract covering said perW
I (wet am (are) of the opinion that on the last mentioned datp the fep
title to the above described real property Was Vested in: tllil '� }•';i;`
AMADO HERNANDEZ & ESTREL A HMMIDEZ , his wife
4,Y1,j
111906-11 - PAGE 1
s
91— 626
10
r ,
Subject
to the
following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1.
All taxes for the year in which this opinion is rendered, unles$ noted beloli
that such taxes have been paid.
2.
Rights of persons other than the above owners who are in possession.
3.
Pacts that
would be disclosed upon accurate survey.
4.
Any unrecorded labor, mechanics# or materialmens' liens.
' \ ' •' '
5.
Zoning and
y�
l'.;. .. :,.. .,..f. .\, ja .• •.• ''•.:• ; .. r sit ►�',•r•.. '•.;�•,•� 4•:..•.: � ~fl�'� f\w wr}•r •.
other restrfctione' iinpbiet '• by' governmentdr f1thar3ty " 4401'• �'� �•��
SPECIAL EXCEPTIONS
b,
Mortgage
executed by AMADO HERNANDEZ and ESTRELLA HERNANDEZ,
his wife,
in favor of TERRABANK, N.A., as recorded in ORB,
14805 at
Page 676 of the Publi.c'Records of Dade County, Flo-
rida, in
the principal sum of $ 50 000.00 , dated November
160 1990
, under Cleric's File No. 90A434- 367 .
s
a
2�
9 -~ 626
111.06-11 - Page 2
Therefore it is my (our) opinion that the following parties must j
In the platting of the above described real property in order to grant CITY
HIAMT, FLORIDA, and the public, a good and proper title to the dedicated al
shown on the final Plat of the aforedescribed property, the subdivision the=
to be known as _mAGALY SUBDIVISION
NAME INTEREST SPECIAL EXCEPTION
NUMBER
Terrabank, N.A. Nbrtgage 6
I, the undersigned, further certify that I am an attorney -at -law dq�y
admitted to practice in the State of Florida, and am a member in good stapdip;
of the Florida Bar.
Respectfully submitted this 26 dqy
of July 9 t
%btpu
L BM G. MUS, ESQ.
NAME
1647 S.W. 27 Avmae, Miami,, n. 331A
ADDRESS 91 — 626
,
111.06-11 -
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,
Amadao Hernandez & Estrella Hernandez (hiS W\
(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
MAGA.LI SUBDIVISION 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 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:
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 "E" and made a part hereof. Although one year is
allowed for 'the completion of the aforementioned improvements, it is
Form PW #178 Rev 7/86
9 _-- 626
"WI
1
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 CITY' OF MIAMI, FLORIDA,
the Owner herewith tenders to the City a Letter of Credit duly executed
by the (Bank) Terrabank N.A. , in the amount
of $ 11,500.00 , 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) Terrabank N.A.
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 $ 11,500.00
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%) 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
;' 91-- 626
000 "% *
public advertisement and receipt of bids, the improvements as
rrovided for in said Agreement, and in the event that the City
Commission 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
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. Said Letter of Credit is attached hereto as
Exhibit "C" and made a part hereof by reference.
0
IN WITNESS WHEREOF, the Owner has caused this Agreement to
be executed in triplicate this Pt;k day of ,
A.D. , 190
Signed, Sealed and Delivered
in -the P ,e of: Owner:
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
ATTEST:
•
r
a
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally
:p;,eared before me, an officer duly authorized to administer oaths
and take acknowledgments, R B A-tsa r R1� A „pEZ ri�h
S-T kQ, L_64 OA
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that `ryLL
executed the same freely and voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at e xa'%N—
County of (J.p and State of V"R�Aa.
this day of ��L. A.D. 19�.
A
Notary Public
My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA
My COMIISSION EXP SEPT.19,1993
BONDED THRU GENERAL INS. UND.
''orm PW #236 Rev. 5/69
91 - 626
10"
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
AMADO HERNANDEZ R ESTRELLA HERNANDEZ, HIS WIFE
FOR IMPROVEMENTS AT
"MAGALY SUBDIVISION"
Located on N.W. 9 Street and N.W. 29 Avenue
* * * * * * * * * * * * * * * * * * * * *
LANDSCAPE DESIGN - Provide and plant
13 Live Oak Trees.
SIDEWALK REMOVAL - Remove 200 square
feet of existing concrete sidewalk.
NEW CONCRETE SIDEWALK - Construct
approximately 920 square feet.
NEW ASPHALTIC CONCRETE PAVEMENT -
Construct approximately 140 square yards.
ESTIMATED COST OF IMPROVEMENTS
(10%) CONTINGENT
(17%) ENGINEERING AND INDIRECT COSTS
TOTAL
AMOUNT OF LETTER OF CREDIT
$ 3,900.00
$ 200.00
$ 2,960.00
$ 1,820.00
$ 8,880.00
$ 888.00
$ 1,660.56
$11,428.56
$11,500.00
Information concerning the landscaping requirements shall be
obtained from the City of Miami Planning Department.
91-- 626
COVENANT TO RUN WITH THE LAND
WHEREAS, Amado Hernandez and Estrella Hernandez (k,.5w,,%
(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 MAGALI SUBDIVISION
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.
Full -width street improvements (curb & gutter) paving and
drainage on N.W. 9 Street and N.W. 29 Avenue
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
desirable:
91-- 626
sm
wa
A
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
I
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 6447 S.W. 9 Street, Miami, FL. 33155
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 cons-
truction cost shall be declared and extablished as a lien on the
property of such defaulting 014NER and enforced as any lien for
materials furnished and work and labor done, as provided under
the Statutes of Florida.
626
13
IN WITNESS WHEREOF the OWNER has caused this agreement
to be executed this $ day of A.D., 19 0� i
.i
Signed, Sealed and Delivered OWNER
t; ►..ter..--
,
r
(SEAL)
(SEAL)
(SEAL)
6A4 5.0 3 S4 • (SEAL)
F�iann►) . 33�5 (SEAL)
(SEAL)
ATTEST:
Secretary
(C orate Seal)
ATT ST:
s Secretary
(Co porate Sea
APPROVED:
3
DCparturent of Public Wor s
THIS INSTRUMENT WAS
PREPARED BY:
APPROVED AS TO FORM AND
LEGALITY:
,7-O - _ 4ve--Z - /iy
4i//cam �33i�City- Attorney
�1 -3-
9i�- 626
CITY OF MIAMi, FLORIDA CA=28
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE AUG 2 8 1991 FILE
of the City Commission
SUBJECT . MAGALY SUBDIVISION Resolution
Accepting Proposed Record Plat
Located on N.W. 9 Street and
FROM REFERENC
.W. 29 Avenue
Cesar H. O d i 0 ENCLOSURES
City Manager
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat Magdly Subdivision and approving
recording the same in the Public Records of Dade County, Florida.
BACKGROUND:
Tne 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 MAGALY SUBDIVISION is a
resubdivision of Lots 1 and 2, B1ocK 15, "Kew Gardens", Plat BOOK
8, Page 9, Section 33, Township 54 South, Range 41 East, City of
Miami, Dade County, Florida. The area platted consists of three
(3) lots containing 0.40+ of an acre. It is Zoned R-2.
Also attacned 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 & Street Letter
(4) Print of proposed Record Plat
91- 626