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HomeMy WebLinkAboutR-91-049641 Ei J-91-523 6/27/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED "POINCIANA CLOSE", 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; AND 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 "POINCIANA CLOSE" is a subdivision of the East 38 feet of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof, recorded in Plat Book 15, at Page 79 of the Public Records of Dade County, Florida; and, a portion of the BE 1/4 of the SW 1/4 of the BE 1/4 of Section 20, Township 54 South, Range 41 East, Dade County, Florida, bounded on the East by the East line of the SW 1/4 of the BE 1/4 of said Section 20; bounded on the South by the Easterly extension of the South line of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof recorded in Plat Book 15, Page 79 of the Public Records of Dade County, Florida; bounded on the West by the East line of said Lot 21; and bounded on the North by the Easterly extension of the North line of said Lot 21; and, the West 183 feet of the S 1/2 of the S 1/2 of the BE 1/4 of the BE 1/4 of Section 20, 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 ATTACHMENTS � CONTAINED f 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 hereby accepted and confirmed by the City of Miami, Florida. Section 2. The Covenant to Run with the Land executed by William L. Beater III, postponing the immediate construction of full width street improvements (sidewalk, curb & gutter, pavement and drainage) on Poinoiana 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 directed to record said oovenant after plat has been recorded in the Public Records of Dade County, Florida. 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 Dade County, Florida. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 11th day of A MATTY I, CITY CLERK PREPARED AND APPROVED BY: G. I AM MAE CHIEF ASSISTA T CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 7 h"TOAE r52 EZ C TY A T GMM:ra:M , 1991. XAVIER L. SMrAEZ, MAYOR fit# of �fftamt LUIS A. PRIETO-PORTAR, PH.D., P.E.'s� Director �• ...... ..... I• � May 9, 1991 Mr. William L. Heater 3979 Poinciana Avenue Miami, Florida 33133 Dear Mr. Heater: POINCIANA CLOSE - TENTATIVE PLAT #1323-C CESAR H. ODIO City Manager The City of Miami Plat and Street Committee, at'its meeting of May 3, 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 condi ions have been satisfied. 1 PL will require 3-foot ea ement. Contact M. onnally of FPL. Show that the remnant of lot.21 is not substandard, or confirm that the lot is owned- by the same adjacent owner. This must be confirmed with G. Miriam Maer, Ass.is'tant City Attorney (579-6700). �-yVerrify with Planning, Building & Zoning Department that lots have the required frontage. Contact Joe Genuardi, Planning, Building and Zoning Department (579-6800). r - Removal of existing structural and rock wall encroachments within the private property and public right of way, wi11 be ensured by the filing of a bond • for same'. The minimum amount to be set at $5,000. Before construction begins on the site, the owner must '- appear before the Heritage Conservation Board. Contact Sarah Eaton of the Planning, 8 u i I d i n 9 & Zoning Department at 579-6086. HRS and DERM approval letters are required for septic tank installation. ,/ 91-- 496 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6856 ( J Y�. Mr. William L. Heater Poinciana Close May 9, 1991 Miami -Dade Water & Sewer Authority Department will require an 8" water main extension. Contact Rick Nerrera at 665-7471 for Further information. / Indicate new zoning designations in accordance with Zoning Ordinance 11000. Contact. City of Miami Law Department (Miriam Maer) regarding Dade County's requirement that one of the lots remain an unbuildable site until such time as sanitary sewers.are installed to serve site. 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. 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. - 2 - 91-- 496 U Mr. William L. Heater Poinciana Close May 9, 1991 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, James J. Kay P.E. Chairman, Plat & Street Committee JJK:mw Enclosure: Contact Sheet cc: A. R. Toussaint & Associates, Inc. Plat and Street Committee Members File bc: Highways Surveys Central �A c 7• MW 91a 496 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS March 28, 1991 REPORT OF PROPOSED RECORD PLAT OF ' "POINCIANA CLOSE" LOCATED AT POINCIANA AVENUE BETWEEN SOLANA ROAD AND KENT COURT a A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "POINCIANA CLOSE" was prepared by A. R. Toussaint & 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 subdivision of the East 38 feet of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof, recorded in Plat Book 15, at Page 79 of the Public Records of Dade County, Florida; and, a portion of the SE 1/4 of the SW 1/4 of the SE 1/4 of Section 20, Township 54 South, Range 41 East, Dade County, Florida, bounded on the East by the East line of the SW 1/4 of the SE 1/4 of said Section 20; bounded on the South by the Easterly extension of the South line of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof recorded in Plat BOOK 15, Page 79 of the Public Records of Dade County, Florida; bounded on the West by the East line of said Lot 21; and bounded on the North by the Easterly extension of the North line of said Lot 21; and, the West 183 feet of the S 1/2 of the S 1/2 of the SE 1/4 of the SE 1/4 of Section 20, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of five (5) lots containing 1.21 acres. It is zoned RS-2/2. 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. yi- 49,03 3. As certified to by Howard C. Gamble, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 4. The Certificate of Title Examination dated March 14, 1991, signed by Stuart K. Hoffman, Attorney, indicates that the fee simple title to the property platted is correctly vested in William L. Heater III 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. 5. Since there is no full width street improvements (sidewalK, curb & gutter, pavement and drainage) on Poinciana 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. 7. Since all required subdivision improvements on this property have been previously placed and accepted, this Plat will be forwarded to the City Commission of Miami, Florida, without the usual formality of providing Bond and Contract. 6. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. Robert E. Sarbanerd City Surveyor RB:au COVENANT TO RUN WITH THE LAND WHEREAS, WILLIAM L. HEATER a/k/a WILLIAM L. HEATER III ( 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 POINCIANA CLOSE as recorded in Plat Book at Page of the Public Records of Dade County, Florida; and yi WHEREAS, The City of Miami, a municipal corporation in the R1 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 (SIDEWALK, CURB & GUTTER, PAVEMENT AND DRAINAGE ON POINCIANA AVENUE.) and /I 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: y1•- 496 6� 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 � s } aforesaid subdivision, upon thirty (30) days written notice from rt the Director of Public Works of the City of Miami, Florida, addressed to the OWNER, at 3979 POINCIANA AVENUE MIAMI, FLORIDA 33133 kf It is expressly agreed that this obligation shall be binding upon the OWNER, his heirs, successors in interest or assigns, and �1 shall be,a condition implied in any conveyance or other instrument affecting the title to the aforesaid subdivision or any, portion —t 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 014NER 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. IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this' l5 1 day of AV9Ik.- A.D. , 199 Signed, Sealed and Delivered OWNER in the Presence of: p /% /{ (SEAL) WILLIAM L. HEATER, a/k/a ' �• WILLIAM L..,HEATER III(SEAL) (SEAL) (SEAL) (SEAL) (SEAL) ATTUT : ecretary, (Corp*ate Scal) ATTEST: s/ Secretary (Cokporate Sea APPROVED: (2z partment o Public Works THIS INSTRUMENT WAS PREPARED BY: 3 APPROVED AS TO FORM AND LEGALITY: GIGs,,� MY A orney 91- 496. i STATE OF FLORIDA) ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day personally ippeared before.me, an officer duly authorized to administer oaths j and take acknowledgments, �Il..�.►►P�M (�, ���iat� ol. lC! 0.. '�Vfl • l�C 1�1 to me well known to be the person V) described herein and who executed the foregoing instrument, and acknowledged before me that executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at MI racM County of ���� and State of this Cj day of APoz-1i,— A.D. 19 I - i oNotary Public My Commission Expires: Notary Public, State of Florida at Large My Commission Expires Aug. 24, 1992 BONDED rHRU GENERAL INS. LIND. form PW #236 Rev. 5/69 CITY OF MIAMI - PUBLIC WORKS ENGINEERING — SUBDIVISION CONTROL OPINION OF TITLE City of Miami, T0: PARROMM, a political subdivision of the State of Florida. C�i���t��yy��of Miami F AMa, With the understanding that this opinion of title Is furnished to �7i'E�X#t#;t�p1A, Cit Ian as° an5rIndt�c went for acceptance of a proposed final in compliance with y of Miami Code subdivision plat covering the real property hereinafter described, it is hereby certified that 1 (we) have examined the complete Abstract of Title completely covering the period from the BF -GINNING to June 24 A.D. 19 91 , atli?UM,14inclusive, of the following described real property: (Describe only realty to be subdivided) The East 38 feet of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof, recorded in Plat Book 15, at Page 79 of the Public Records of Dade County, Florida; and, A portion of the SE: of the S114 of the SEh of Section 20, Township 54 South, Range 41 East, Dade County, Florida, bounded on the East by the Fast line of the SW' of the SEk of said Section 20; bounded on the South by the Easterly extension of the South line of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof recorded in Plat Book 15, Page 79 of the Public Records of Dade County, Florida; bounded on the West by the East line of said Lot 21; and bounded on the North by the Easterly extension of the North line of said Lot 21; and, The West 183 feet of the S� of the S� of the SE; of the SE; of Section 20, Township 54 South, Range 41 East, Dade County, Florida. Basing my (our) opinion on said complete abstract covering said petiod I (we) am (ale) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested In: WILLIAM L. HEATER a/k/a WILLIAM L. HEATER, III 111.06.11 - PA09 I 91- 496 I� 0 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. S. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. Plat of Solano Park Addition, according to the Plat thereof, recorded in Plat Book 15, Page 79. 7. Mortgage from William L. Heater and Richard B. Radcliff to Intercontinental Bank, f/k/a Atico Savings Bank, f/k/a Peninsula Federal Savings and Loan Association, f/k/a Greater Miami Federal Savings and Loan Association, owners and holders of that certain mortgage dated December 31, 1975 recorded in Officials Records Book 9196, Page 361 of the Public Records of Dade County, Florida. 8. Mortgage from William L. Heater a/k/a William L. Heater III in favor of Capital Bank, the owner and holder of that certain mortgage dated March 10, 1989 recorded in Official Records Book 14050, Page 2929 of the Public Records Of Dade County, Florida. 9. Order of Metropolitan Dade County Environmental Quality Control Board, recorded in Official Records Book 14561, Page 2114. 11* Therefore it is my (our) opinion that the following parties must join in the platting of the above described teal property in order to &tent City of Miami, Floridaend 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 Poinciana Close NAME INTEREST SPECIAL EXCEPTION NUMBER William L. Heater a/k/a William L. Heater III Fee Simple i Intercontinental Bank, f/k/a ATICO Savings Bank, f/k/a Peninsula Federal Savings and Loan Association, f/k/a Greater Miami Federal Savings ,i and Loan Association Mortgagee 4� Capital Bank Mortgagee 8 I 1, 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. i' Respectfully/su4 witted is _22th day of / n o� 1991 F n co on S rtz Nash 9 P.A. By: Stuart K. Hoffman, Esq. 100 SE 2nd Street, Miami, FL 33131 ADDRESS ttl.06-11 - peat: t 91- 4960 CITY OF MIAMI — PUBLIC WORKS ENGINEERING — S6I3DIYISION CONTROL OPINION OF TITLE City of Miami, TO: RARR)QWNX, a political subdivision of the State of Florida. Cityof Mi N Florida, With the understanding that this op�inion of title is fwnished to7}�#,'j(, City of Miami Code / an esoan5tkW ment for acceptance of a in compliance with Y cd � p proposed fine) subdivision plat covering the real property hereinafter described. It is hereby certified that 1 (we) have examined the complete Abstract of Title completely covering the period from the 13EGINN1NG to _ June 24 A.D. 19 91 , at &0. inclusive, of the following described real property: 11:00 P.W (Describe only realty to be subdivided) The East 38 feet of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof, recorded in Plat Book 15, at Page 79 of the Public Records of Dade County, Florida; and, A portion of the SE: of the SW; of the SE4 of Section 20, Township 54 South, Range 41 East, Dade County, Florida, bounded on the East by the Fast line of the SWh of the SE4 of said Section 20; bounded on the South by the Easterly extension of the South line of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof recorded in Plat Book 15, Page 79 of the Public Records of Dade County, Florida; bounded on the West by the East line of said Lot 21; and bounded on the North by the Easterly extension of the North line of said Lot 21; and, The West 183 feet of the Sb of the S� of the SE; of the SE; of Section 20, Township 54 South, Range 41 East, Dade County, Florida. E Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: WILLIAM L. HEATER a/k/a WILLIAM L. HEATER, III 111.00-11 - PAO8 1 s�= 4961� 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. S. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. Plat of Solano Park Addition, according to the Plat thereof, recorded in Plat Book 15, Page 79. 7. Mortgage from William L. Heater and Richard B. Radcliff to Intercontinental Bank, f/k/a Atico Savings Bank, f/k/a Peninsula Federal Savings and Loan Association, f/k/a Greater Miami Federal Savings and Loan Association, owners and holders of that certain mortgage dated December 31, 1975 recorded in Officials Records Book 9196, Page 361 of the Public Records of Dade County, Florida. S. Mortgage from William L. Heater a/k/a William L. Heater III in favor of Capital Bank, the owner and holder of that certain mortgage dated March 10, 1989 recorded in Official Records Book 14050, Page 2929 of the Public Records Of Dade County, Florida. 9. Order of Metropolitan Dade County Environmental Quality Control Board, recorded in Official Records Book 14561, Page 2114. 0 a Therefore it is my (our) opinion that the following parties must join in the platting of the above described real property in order to gtent City of Miami, Floridaand the public, a good and proper title to the dedicated areas shown on the final Plat of the aforedescribed property, the subdivision ineveol to LM wuvw Poinciana Close INTEREST SPECIAL. EXCEPTION NAME NUMBER William L. Heater a/k/a William L. Heater III Fee Simple 1 Intercontinental Bank, f/k/a ATICO Savings Bank, f/k/a Peninsula Federal Savings and Loan Association, f/k/a Greater Miami Federal Savings and Loan Association Mortgagee ? Capital Bank Mortgagee 8 I, the undersigned, further certify that I am an attorney?et�,taw duly. admiltt 4practice in the State of Florida, and am a member in good standing of the Florida 88t. IZespe tful]y s is a is 7,28th91day Ju 2 9 91 _.. in Ja S hw t /N sh B c d A. By: f kart K. Hoffman, Esq. 100 SE 2nd Street, Miami, FL 331.31 ADDRESS 111.p¢..11 .. PAC CITY OF MIAMi, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM At,--_0 Cesar H. Odio City Manager RECOMi•1ENDATION: CA=24 DATE `y' AI L 11991 FILE SUBJECT POINCIANA CLOSE SUBDIVISION Resolution Accepting Proposed /Record Plat Located on Poinciana REFERENCEOye. bet Solana Rd. & Kent Ct. ENCLOSURES: It is respectfully recommended that the City Commission adopt a resolution accepting the plat "Poinciana Close" 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 "POINCIANA CLOSE" is a subdivision of the East 38 feet of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof, recorded in Plat Book 15, at Page 79 of the Public Records of Dade County, Florida; and, a portion of the SE 1/4 of the SW 1/4 of the SE 1/4 of Section 20, Township 54 South, Range 41 East, Dade County, Florida, bounded on the East by the East line of the SW 1/4 of the SE 1/4 of said Section 20; bounded on the South by the Easterly extension of the South line of Lot 21, SOLANA PARK ADDITION, according to the Plat thereof recorded in Plat BOOK 15, Page 79 of the Public Records of Dade County, Florida; bounded on the West by the East line of said Lot 21; and bounded on the North by the Easterly extension of the North line of said Lot 21; and, the West 183 feet of the S 1/2 of the S 1/2 of the SE 1/4 of the SE 1/4 of Section 20, Township 54 .SouTn, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of five (5) lots containing 1.21+ acres. It is zoned RS-2/2. 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 Chi,)Y-/ 91--- 496