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HomeMy WebLinkAboutR-90-0516A RESOLUVIBN ACCEPTING THE PLA EN L "AMENDMENT TO FOUR DESIGNS SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI; 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; AND 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 "AMENDMENT TO FOUR DESIGNS SUBDIVISION" is a resubdivision of Lot 2, Block 1, "Four Designs Subdivision", according to the Plat thereof as recorded in Plat I® Book 126, at Page 63, of the Public Records of oaae county, Florida, all lying in Section 20, Township 54 South, Range 41 East, City of Miami, Dade County, Florida, which subject plat by reference is made a part hereof as if fully incorporated herein and which plat, together with the dedications shown thereon, and 1 the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, is hereby accepted and confirmed by the City of Miami, 1 Florida. Section 2. The Covenant To Run with The Land executed by Aura E. Martinez & Nicholas Martinez, Jr., postponing the immediate construction of full width street improvements (sidewalk, curb & gutter, pavement and drainage) on Kent Court 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 covenant after plat has been recorded in the Public Records of Dade County, Florida. (ATTACHMENTS CONTAINED • RESOLUTION NO. 90- 516 A' RESOLUTION ACCEPTING THE PLAT ENTITLED "AMENDMENT TO FOUR DESIGNS SUBDIVISION", A SUBDIVISIONIN THE CITY OF MIAMI; 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; AND 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 "AMENDMENT TO FOUR DESIGNS SUBDIVISION" is a resubdi vi si on of Lot 2, Block 1, "Four Designs Subdivision", according to the Plat thereof as recorded in Plat Book 126, at Page 63, of the Public Records of Dade County, Florida, all lying in Section 20, Township 54 South, Range 41 East, City of Miami, Dade County, Florida, which subject plat by reference is made a part hereof as if fully incorporated herein -; and which plat, together with the dedications shown thereon, and -T the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said — property, is hereby accepted and confirmed by the City of Miami, =� Florida. ,i Section 2. The Covenant To Run with The Land executed by _ Aura E. Martinez & Nicholas Martinez, Jr., postponing the immediate construction of full width street improvements (sidewalk, curb & gutter, pavement and drainage) on Kent Court until such time as required by the Department of Public Works of the City of Miami is hereby accepted and the proper officials are i — directed to record said covenant after plat has been recorded in the Public Records of Dade County, Florida. ATTACHMENTS CONTAINED �Y k �y ri• Y= l �1_!..v Section 4. This Resolution snail oewv�ee ��-- immediately 00h its adoption. Y this 12thda of _July,,_•' PASSED AND ADOPTED ----�� ;2 ATTEST' PREPARED AND APPROVED BY: CHIEF ASSISTANT CITY ATTORNEY 3 w 2 APPROVED AS TO FORM AND; CORRECTNESS: El 4CTtY A T NEY - 0 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORMS May 49 1990 REPORT OF PROPOSED RECORD PLAT OF "AMENDMENT TO FOUR DESIGNS SUBDIVISION" LOCATED AT KENT COURT A POINCIANA AVENUE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA i The accompanying Plat entitled "AMENDMENT TO FOUR DESIGNS SUBDIVISION" was prepared by Wilson De La Torre. It is 1n 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 2, Block 1, "Four Designs Subdivision", according to the Plat thereof as - recorded in Plat Book 126 at Page 63 of the Public Records of Dade County, Florida, all lying in Section 20, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots containing 0.27+ 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 Wilson De La Torre, Registered Land — Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 4. The Certificate of Title Examination dated April 12, 1990, — signed by William Watson Trick, Jr., Attorney, indicates that the fee simple title to the property platted is correctly vested in Nicholas Martinez and Aura E. Martinez, his wife and the Plat has been correctly executed. r a x ft o- is S. the area Platted it not encumbered by mort§69916 2ZP 6. Since there Is no full width street improvements (sidewalks, 4 curb A gutter, pavement A drainage) on Kent Court In the vicinity of the property platted, it is recommended that a A covenenant be accepted postponing the immediate construction of these improvements until the area Is more fully developed. 7. Since all the required subdivision improvements on this proverty 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. R. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. ICE- KCo &UFE61.4�ar;anera City Surveyor RB: au key T �4 CI INCtC#Cd - subbMatom CONTROL OPINION OF TITLE Tot DAM COUNTY, a political subdivision'of the State or Florida. With the understanding that this opinion of title is furnished to DAM COUNTY, rLORIDA, in compliance with the Ordinance No. 57-309 and as an y` inducemat for acceptance of a proposed final subdivision plat covering the real property-tAreinafter described. It is hereby certified that I (we) have e�camined the complete Abstract of Title completely covering the period from t'he BFGINNIM to April 12 A.D. 19 :LO, at a:OO A.M.,, inclusive, of the following described real property: (Describe only realty to be subdivided) Lot 2, Block 1, FOUR DESIGNS SUBDIVISION, according to the Plat thereof, recorded in Plat Book 126r Page 63, of the Public Records of Dade County, Florida uhj0dt i15 the feilowitfg eneumbrancess liens, and other except1o"fj. m fir �' 1L t ;xt i yy may. ♦ pi �{'�1} 1. All taxes for the ycar� in oblIch this opthion In ren+inredt unleK%% noted I ofow that such taxes have been paid, p 2. Rights of persons other than the above owners who are in possession. 3.k 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 1. covenant to run with the land recorded in favor -of the city of Miami recorded in Official Records Rook 12453 at Page ll�fl4 of the_ ze Public Records of Dade County# Florida. k a r i ^1 _ r x7 rat; 2 — i 11. 06.11 - Page 2 G � _ 4 5 , i. - ANN- 5 E Therefore it ie my (our) opinion that the following parties must join ,1 K in the 018ttihO of the = aibove deder+ibed real property , in otdar to gr�t�t �iAti� COUNTY9 DLORiDA, and the pub 1c, a good and proper title to the dedicated ateaa shown on the final plat of the aforedescribed ro�C��DIt��j� h bdi�viniofi thereof to be )mown as ._.—ANNb1yFNT TO DR DESIGNS St�' f {Y NAME INTEREST SPECIAL EXCEPTION NUMBER - �� City of .Miami Covenant Holder 1 1, C33 } f. + 7 ; H 3 k E> F E x { r s _ t f ✓x Z, the undersigned, further certify that I am an attorney -at -low duly , admitted to practice in the State of Florida, and am a member In good standing of the Florida Bar. Respectfully submitted this 4day oft , WILLIAM WATSON TRIM rvi q a f ' 111. 06.•11 w PAM 9 LVYL'NAUT V I�Ut\. llil. lil� .L�YItVU ~' rt; e . anri . i icho? an _Matt nee } (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 Amendment to Four.Designs 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.o£ Florida, in the County of Dade, (hereinafter referred to as the "CITY"), pursuant to Chapter 54, Section 54.30 of THE CODE OF THE CITY OF MIAr4I, FLORIDA, requires the O41NER 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. j and drainacie on Kent Court. a and WHEREAS, the OWNER asks to be relieved of his obligation to construct the aforementioned improvements at this time, and in 4X consideration of the forbearance of the CITY he agrees with the f CITY that he will at his own expense construct the aforementioned improvements at such time in the future As he is notified by the �p CITY that the aforementioned improvements are necessary or desirable: f # z tF J 4T "yp��tr if F - i y4 Y y. NOW, THMPOREt in tomsideration of the premises herein k -set out,'the OWNER hereby covenants and agrees with the CITY to construct or cause 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 Works of the City of Miami, Florida, addressed to the OWNER, at 37BO Kent Court, 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 A� plR '� tom= • "G1 xY. $z IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this 18th day of January_ A. D. , 19 go Signed, Sealed anu Delivered ONNER in the presence of: EAL) -' SEAL) (SEAL) (SEAL) (SEAL) (SEAL) ATTEST: As sec etary / o orat eal) ATT ST: to s Secret7eal) y (rporate APPROVED: DApartment ofRublic or s THIS INSTRUMENT WAS PREPARED BY: on this day personally ,P11e,Ared before me, an officer duly authorized to administer oaths in-:: take acknowledgments, aura E . Martinet _ '' Nicholas Martinez Jr ► u ,A h;y{ n the w(!ll known to be the person(s) described herein and who executed ,.lr: florEyp int; instrument, and acknowledged before me that tihgy -!Y.0Cuted the Name freely and voluntarily for the purpose therein expressed. X WITNESS my hand and official seal at 7223 N. W. 46th , St. Miam�_Countv of Dade and State of Florida 18th day of jsInuagy A.D. 19 90 r Notary Public` My Commission Expires: Nothr flit, State of fioride My Commi"ien App&d ika joy FWD: %Wfa a kv, C � is 4 PW #236 Rev. 5/69 ,t hk - ii F'fi` 7 tb �4^T x+idyn • r ::r �i: �l � a �yy K CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA101' D . Honorable Mayor and Members DATE : JUL0 FILE of the City Commission U SUBJECT: AMENDMENT TO.POUR DESIGNS . SUBDIVISION Resolution,,Accepting Proposed Record Plat Located on ROM : REFERENCESKent Court and Poinciana Avenue Cesar H a. 0 d i o ENCLOSURES: City Manager RECOMMENDATION: It 1s respectfully recommended that the City Commission adopt a resolution accepting the plat - "Amendment to Four Designs — Subdivision" 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 "AMENDMENT TO FOUR DESIGNS SUBDIVISION" is a resubdivision of Lot 2, Block I, "Four Designs Subdivision", according to ,the Plat thereof as recorded in Plat Book 126 at Page 53 of the Public Records of Dade County, Florida, all. lying in Section 20, Township 54 South, Range 4.1 East, City of Miami, Dade County, Florida. The area platted _ consists of two (2) lots containing 0.27+ 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 E 12) Engineering Report x — 43) Print of proposed Record Plat x 4 }v'