HomeMy WebLinkAboutR-90-07739/10/90
RESOLUTION NO. 90- 773
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE
PLAT ENTITLED "THORNTON SUBDIVISION", A
SUBDIVISION IN THE CITY OF MIAMI; SUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE' `AND ACCEPTIAG THE DEDICATIONS
SHOWN ON SAID PLAT; 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 BADE
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
I CITY OF MIAMI, FLORIDA:
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Section 1. The plat entitled "THORNTON SUBDIVISION" is a
replat of_Lot'12, less the west 10 feet, and all. of Lots 10.and
11,'Block 9; of "BOWLING -GREEN", as recorded in Plat Book 5, Page
101 of the Public Records of Dade County, Florida, lying in
Section 23, Township 53 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 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. °.
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THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
August 2t1, 1990
DEPORT OF PROPOSED RECORD PLAT OF
"THORNTON SUBDIVISION"
LOCATED ON N.W.`52 STREET BETWEEN
N.W. 10 AVENUE AND 11 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The. accompanying Plat entitled "THORNTON SUBDIVISION" was }
prepared by J.F. Lopez A 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 12, less the west 10
feet, and a.11 of Lots 10 and 11, Block 9, of "BOWLING -
GREEN", as recorded in Plat Book 5, Page 101 of the Public'
Records of Dade County, Florida, lying in Section 23,
Township, 53 South, Range 41 East, City of Miami, Dade
County, Florida. The area platted consists of two (2) lots
containing 0.35+ of an acre. It is zoned RG-1/3.
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 Jose F. Lopez, Registered Land Surveyor,
this Plat complies with the plat filing _Laws of the State of
Florida.
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4. The Certificate of Title Examination dated August 8, 1990,
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signed by Bruce F. Iden, Attorney, indicates that the fee }
simple title to the property platted is correctly vested' in
41
Robert Thornton Jr. and Mildred Thornton his wife, and the,
Plat has been correctly executed.
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the area platted it not encumbered by mortgages#
In accordance with the requirements of Chapter 54, of the
1 ACHEEMENT FOR CONSTRUCTION OF CERTAIN 1WROVEME ITS
I PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CATER 54.5
THE CODE OF THE CITE` OF MIAM2, . FLORIDA
l cam,
(hereinafter referred to as the "Owner"), concurrently with the
delivery of this Agreement, has applied to THE CITY OF MIAM19
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
40%l�///�� _ 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, requirc4 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: I
1. Within one (1) year from the effective dats: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 "B" and made a part hereof.. Althoigh one gear -is
allowed forthe completion of the aforementioned impovements, it is
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not in the public interest that such construction work should be
prolonged to the extent that it would have a disorgansing effect
upon the neighborhood. After the work is -started, the Owner hereby
agrees to prosecute said work progressively so as to complete it in
o-
a reasonable length of time as,determined by the Department of public
Works.
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2. In accordance with the provisions of said Chapter 54, Section
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54-30 and Chapter 54.5, THE CODE OF THE CITY OF MIAMI, FLORIDA, the
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Owner herewith deposits with the City a Cashier's•Check in the amount
of $� o (�V 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
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engineering or contingent costs and damages; the conditions of the
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deposit thereof being such that if the Owner shall fully and faithfully
perform the work in accordance with the terms of this Agreement and.has
submitted to the City of Miami Department of aublic Works a letter
from a Registered Land Surveyor certifying -that the Permanent :.Reference
Monuments indicated on the Plat have been installed and properly placed,
the amount of sail check shall be returned to -the Owner; ,otherwise,
the 4vent of the failure or neglect of the Owner to perform this
Agreement, said check.shall be applied by said City to the cost of
constructing or completing the improvements, together -Ath : any
engineering or contingent costs, and any damages direct or indirect,
not to exceed twenty-six (26%) percent thereof,_which•said City may
sustain on account of the failure of the Owner to carry out and
execute all of the provisions of this Agreement. Owner further
covenants and agrees to pay the said City reasonable attorney's fees
in the event of the Owner's default.
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EXHIBIT "B"
ACCOMPANY THE AGREEMENT-n-TWEVI THE CITY
OF MIAMI,
FLORIDA
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TO
and
ROBERT THORNTON JR. AND MILDRED THORNTON, HIS WIFE
FOR IMPROVEMENTS AT
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"THORNTON SUBDIVISION"
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on N.W. 52 Street between N.W.
10 & ii Avenues
-Located
$
225.00
LANDSCAPE DESIGN
Plant 450 square feet of Solid
Sod
$
50.00
REMOVAL OF EXISTING SIDEWALK
Approximately 50 square feet
REMOVE EXISTING CURB
Approximately 15 lineal feet
$
440.00
NEW CONCRETE SIDEWALK
Approximately 110 square feet
$
120.00
NEW CONCRETE CURB
Approximately 15 Lineal feet
3,0OO.00
SANITARY SEWERS
��
30 Lineal feet of 6 E.H.I.C.
Sanitary Sewer Lateral
ESTIMATED COST OF IMPROVEMENTS
$,865.00rnl
$
386.50;
(10i) CONTINGENT
(17%) ENGINEERING AND INDIRECT COSTS
$
722.76
�.
$
974.26
4,974.26
TOTAL _
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$
5,O0O.O0
AMOUNT. OF CASHIER'S CHECK
*Information concerning the landscaping
requirements
shall be
obtained from the City of Miami Planning Department.
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METROPOLITAN BADE COUNTY PUBLIC WORKS
ENGINEERING _ SUBDIVISION CONTROL
OPINION OF TITLE
DADS COUNTY, a political subdivision of the State of Florida.
TO:
and as
With the understanding that this opinion of title i s furnished to am
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COUNTY, FLORIDA, in compliance with the Ordinance he
plat
plat
a final bdCerti
inducement for acceptance of proposed Iv (we) have
certified ed
hereinafter described. It is hereby
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real property 1 the
7 00 P.M., covering
examined the comp.l ete Abstract of T inclusive, of
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19 90completely
the BEGINNING to Au ust 8 A D at
following descri a rea proper y:
_
(Describe only realty to be subdivided)
Lot 12 less the West 10 feet and all of Lots 10
and 11 in Block 9 of Bowling Green, according to the _
Plat thereof, recorded in Plat Book 5, at Page 101 of
the Public Recrds of Dade County, Florida.
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Basing my (our) opinion on said complete abstract covering said period
the fee simple;
I (we) am (are) of the opinion that on the.last mentioneddate
in:
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title to the above described real property was vested
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Robert Thornton Jr. and Mildred Thornton, his wife.
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Subject to the"following encumbrances, liens, and other exceptions:
GENERAL f;X EPTIONS s
1. All tars for .the year in which this opinion is rendered) unless, noted below
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that such taxes have been paid.
2. Rights of persona other than the above owners who are in possession.:
3, racts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
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SPECIAL EXCEPTIONS
6. Judgment: against Robert 'Thornton, Jr. dated November 6, A975 ,
in the amount of $78.50, Case too. 75-17286 8po5 recorded in
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official Records Book 9160, at Page 5.75.
7. Lien by Miami Dade Water•and Sewer Authority dated September
20, 1984 and recorded in official Records Book 12277, at Page
3599 in the amount of $116.75.
B.•Judgement by United States Fidelity and Guarantee Company
'against Robert Thornton in the amount of $617.30 dated-
_
March 6, 1985 and recorded in Official Records Book 12443, at
Page 620.
9. Judgment against Robert Thornton by Wausau Insurance Company -
in the amount of $3,440.30 dated March 31, 1986 and recorded -
in official Records Book 12891, at Page 587.
10.• City of Miami Lot Clearing Lien in the amount of $125.00
dated April 13, 1986.
-
11. City of Miami Paving Lien in the amount of $976.63 dated
June 7, 1986.
12. Judgment against Mildred Thornton by Consolidated Bank in the
- amount of $6, 309. 17 dated January 28, 1987 and recorded in ..
.
Official Records,Book 13166, at Page 1411. ,
13. Tax Certificate No. 1246 issued June 1, 1980 in the amount of
'
$`705.36.
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14. Tax Certificate No. 1417 dated August 1, 1909 in the amount;,`
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of ' $919.84.
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Wherefore it is my (our) opinion that the following parties must join
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in the platting of the above described real Property in order to grant bAbE
dedicated dileas
COUNTY, F'LORIllA, and the public] a good and proper title to the
the subdivision tlieof
:shown on the final Flat of the
aforedeacribed propertyy 4
to be known as
THORNTON SUBDIVISION
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INTEREST SPECIAL UCEPTION y
NAME
NUMBER
1. Miami{ -Dade Water,
and Sewer Authority
Lien Holder 7
2. City of Miami
Lien Holder 10,& 11.
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3. Metro -Dade County
Tax Lien Holder 13 & 14
4. Robert Thornton, Jr.
and Mildred Thornton,
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his wife
Fee Owners
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I, the undersigned,
further certify that Z am an attorney -at -law,
admitted to practico in the State of Florida, and am a member in good etanding Y��
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of the Florida Bar.
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Respectfully submitted this
a
of Au u
BRUCE E.,z
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MILLEDGE: 6 ' ;; ;3f
,VDU
2100 Ponce d'e Leon SlVd' iSis t#
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xiv 444
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