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HomeMy WebLinkAboutR-90-0859i J-90-925 11/8/90 RESOLUTION NO. 90- 859 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "REVISED PLAT OF NATOMA GROVE", 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 AN 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 "Revised Plat of Natoma Grove", is a replat of Lot 3, Block 1, of "Natoma Grove", as platted in Plat Book 114, Page 78, of the Public Records of Dade County, Florida, lying in Section 15, 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 hereby accepted and confirmed by the City of Miami, Florida. Section 2. The Covenants To Run With The Land executed by Homefed Bank, a Federal Savings Bank, postponing the immediate construction of full width street improvements (sidewalk, curb and gutter, pavement and drainage), until such time as required CITY :,, �VIEETIN�G Op I� NO V 8 1990 lummoftgo- 8591 by the Department of Public Works of the City of Miami is hereby accepted and the proper officials are directed to record said covenant after the 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 8th ATTEST• MATT IRAI CITY CLERK PREPARED AND APPROVED BY: 14�& G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J RGE L. ERNANDEZ CITY AT.TO NEY GMM:gmb:M1898 day of November _ XAVIER L. 3JARET, , 1990. w 90— 859 -a- THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS October 1, 1.990 REPORT OF PROPOSED RECORD PLAT OF "REPLAT OF NATOMA GROVE" LOCATED ON NATOMA STREET SOUTH OF SOUTH DIXIE HIGHWAY A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "REPLAT OF NATOMA GROVE" was prepared by E.R. Brownell & Associates, 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 replat of Lot 3, Block 1, of "Natoma Grove", as recorded in Plat Book 114, Page 78 of the Public Records of Dade County, Florida, lying in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of one (1) lot containing 0.19+ of an acre. 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. 3. As certified to by E.R. Brownell, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 4. The Certificate of Title Examination dated August 17, 1990, signed by E.K. Hanafourde, Attorney, indicates that the fee simple title to the property platted is correctly vested in Homefed Bank, a Federal Savings Bank and the Plat has been correctly executed. 90- 859 i0 U 5. The area platted is not encumbered by mortgages. 5. Since there is no sidewalk, curb and gutter, pavement and drainage on Natoma Street, in the vicinity of the property platted, it is recommended that a covenant be accepted postponing the immediate cosntruction of these improvements until the area is more fully developed. 7. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. r r ' o ert E. Barbanera City Surveyor Ra:au t* w, MltTt Y{Y Uf i\ LUIS A PRIETO-PORTAR, PH.D., P.E. owl Director r.t..' H March 14, 1989 Atico Savings Bank 200 S.E. 1st Street Miami, Florida 33131 Gentlemen: /1 REVISED PLAT OF NATOMA GROVE - TENTATIVE PLAT #1372 CESAR H. ODIO City Manager '.Me 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. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 9 � 7 y� / The easement to be vacated is a plat,ta4—pUb_:'ic easement and must be heard before t.e--M hiami Zoning Board and Miami City Commission ---^at public hearings. Please contact Gloria..Fex, _ Administrator, of the Planning and Zoning s Office, Department of Building and —Zo,.n g. Remove all wall and fence encroachments.; tional elevations. La-be.l_-e:orrect-_adjoirving-- subdivisions to the west -and-south. �� Vv Show proof of ownership of the remnant portion of Trac*_'P Shaw elevation on top of planter.l �No la'11 P ;' /- Provide an agreement or document from ,adjacent Sighbor releasing the wall footing encroachment on the west �. q/�� eo�� side of the property. - Obta_ n documents----from---interested utility companies J. -gr-ant-ing---a-part-ia1 -release of easement, i.e. , FPL. f17IIn addition to the above requirements, you should be aware of the following: Page 1 of 2 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(3051 S79-6d56 111.06-11 - PAGE 1 90- 859 90- 859 N IN Yac -11 Atico Savings Bank Revised Plat of Natoma Grove 3 L I' March 14, 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. 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. 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, ZE. Chairman, Plat & Street Committee JJK:gc Enclosure: Contact Sheet cc: E. R. Brownell & Associates Plat and Street Committee Members File Page ?_ of 9 90- 859 90-- 859 n METROPOLITAN DADE COUNTY - PUBLIC WORKS ENGINEERING - SUBDIVISION CONTROL OPINION OF TITLE TO: DADE COUNTY, a political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to DADE COUNTY, FLORIDA, in compliance with the Ordinance No. 57-30, and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that I (we) have examined the compete Abstra f Title completely covering the period from the BEGINNING to '4I� A.D. 19 9 0, at 8:00 A.M., inclusive, of the following describeddescrIbed real property: (Describe only realty to be subdivided) LOT 3, BLOCK 1, OF NATOMA GROVE, ACCORDING TO THE PLAT.THEREOF, RECORDED IN PLAT BOOK 114, PAGE 78, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 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: HOMEFED BANK, A FEDERAL SAVINGS BANK 111.06-11 - PAGE 1 90- 859 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. Restrictions filed on Fedruary 10, 1982 in Official Records Book 11349, Page 198, of the Public Records of Dade County, Florida. 111.06-11 - Page 2 a a 90-- 859 W Therefore it is my (our) opinion that the following parties must join in the platting of the above described real property in order to grant DADE COUNTY, H2ORIDA, and the public, a good and proper title to the dedicated areas :shown on the final flat of the aforedescribed property, the subdivision thereof to be known as REVISED PLAT OF NATOMA GROVE NAME. INTEREST SPECIAL EXCEPTION NUMBER I, the undersigned, further certify that I am an attorney -at -law duly ,i-lmitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 17 day of August 199 N ME�-k-.--Vanafourde 9300 So. Dadeland Blvd. #409 Miami ADDRESS Florida 33156 1],,OF-11 - PAGE 3 90- 859 COVENANT TO RUN WITH THE LAND WHEREAS, HOMEFED BANK, a Federal Savings Bank (nereinafter 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 REVISED -PLAT -OF NATOMA GROVE,_ 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 wi.dth street improvements (sidewalk, curb and gutter, pavement and drainage) on Natoma Street 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: go- 859 13 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 2628 Natoma Street Miami, Florida 33133 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 OWNER and enforced as any lien for materials furnished and work and labor done, as provided under the Statutes of Florida. - 2 - 90- 859 . IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this 21st day of August A.D., 1990 Signed, Sealed and Delivered in the Presence of: ATTEST: (Corporate Seal) ATTEST: As Secretary (Corporate Seal) APPROVED: r '. 0 �� �— —, o - �-Z� ,Npartment of PublIT or s THIS INSTRUMENT WAS PREPARED BY: kzz 11 [—W (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) HOMEFED ' BANK r nc pa orporat on Principal Zorporat on s President APPROVED AS TO FORM AND LEGALITY: A=t C ty ttorney .. 3 .. M CORPORATION FORM, IN WITNESS WHEREOF, the OWNER has ciilsed't ese h be executed and signed in its name by its proper officers, to cers, 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 Delivered HOMEFED BANK, a Federal Savings in the Presence of: Bank W ITNESS Nn -i—dra/ - By: M. 1 yan,,, t anagg L7t� _ZQ3X• _)Iafiager /, y Asse e,!� ///James C.' Berry, WITNESS WITNESS CORPORATE SEAL. WITNESS STATE OF CALIFORNI4 COUNTY OFSAN DIEGO It A*D*q I HEREBY CERTIFY that on this 21st of A 19 90 , before me personally appeared San#a'M; - -Ran aiid.:james C. Berry, Asset Managers of HomeFed Bank, Federal Savingsi Baftk,,"a federd.1-stock savings bank organized )WXe&MWV40L&aPt&= under the laws of the United States --to me known to be the persons who signed the foregoing instrument as:such officers and severally acknowledged the executionitbariof to be -:their free act and deed as such officers for the uses an'd.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. Sah biego, Cbv'n�ty of San Diego WITNESS my hand and official seal it MUW, EXVM, and State omk4l"f, the day and year last aforesaid. of Cali orn MY COMMISSION EXPIRESt 4/2479-2 NOTARY -PUBLIC: John F /Mark-buinther APPROVED: i v-k7; D.MCTOir OFPUBLICWORKS This Instrument Prepa�ed by Department of Law'', 1! City of Miami, Florda:,.'-,, OFFICLAL SEAL JOHN MARK GUINTHER Notary Public-Callforrila .;3AN DIEGO COUNTY MY_C;oWM. Exp. Apr. 24,1992 wn 90 . 859 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=16_ TO: Honorable Mayor and Members r y DATE : OCT ^ 0 i9go FILE of the City Commission 1V" V{ SUBJECT : REPLAT OF NATOMA GROVE SUBDIVISION Resolution Acceptin Proposed Record Plat Located on FROM : REFERENCENatoma Street, south of South ixie Highway Cesar H. O d i o ENCLOSURES: City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat "Replat of Natoma Grove" 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 "REPLAT OF NATOMA GROVE" Is a replat of Lot 3, Block 1, of "Natoma Grove", as platted in Plat Book 114, Page 79 of the Public Records of Dade County, Florida, all lying in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of one (1) lot containing 0.19+ of an acre. 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) Print of proposed Record Plat (4) Plat and Street Letter 90-- 859