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HomeMy WebLinkAboutR-90-0467L7, J-90-481 6/12/90 RESOLUTION NO. 9 0— 467 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PLAT ENTITLED "ROBERTSON ESTATES", A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE; 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; 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 "ROBERTSON ESTATES", is a replat of a portion of the North 1/2 of Lot "M" of Ewanton Heights, Plat Book B, Page 52, lying in Section 28, 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 the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, and subject to all of the conditions required by the Plat and Street Committee as set forth in Exhibit "A" attached hereto, is hereby accepted and confirmed by the City of Miami, Florida. Section 2. The Covenant to Run With The Land executed by Brittex Corp., a Florida Corporation, postponing the immediate construction of full width street improvements (sidewalk, curb & gutter, pavement and drainage) on St. Gaudens Road until such time as required by the Department of Public Works of the City of ATTACHMENTS CONTAINED Crry cotasslon MFE=G of J U N 28 IM !f 0- 46 -it 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. 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 28th day o;i- June 1990. XAVIER L. SUAR.EZ, CITY CLERK PREPARED AND APPROVED BY: G.,MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JrGE- L. RNANDEZ CY ATTOXNEY GMM:rma:Ml560 jorf �tt�rt LUIS A PRIETO-PORTAR, PH.D., P.E. Director May 7, 1990 Brittex Corp. 1550 Madruga Avenue, #150 Miami. Florida 33146 Gentlemen: ROBERTSON ESTATES - TENTATIVE PLAT *1375A CESAR H. 0010 City Manager The CIty of Miami Plat and Street Committee, at Its meeting of May 4, 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. - Dade County Department of Environmental Resources Management (DERM) and HRS approvals are needed for use of septic tank and drainfleld sewage disposal systems. - Remove right of way wall encroachments. - Correct zoning classification to read: "RS-1/1". - Correct spelling of St. Gaudens Road. - Fire flow requirements will have to be met. 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. I 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. DEPARTMENT Of PUBLI( Pace 1 of 2 ami, Florida 11126/(M) 579-6M 9 4- 467 Exhibit "A" -t 90- 467 Brittex Corp. May 7, 1990 Robertson Estates !i 4. Approval for fire flow requirements must be obtained from the Fire, Rescue and Inspection Services Department prior �i to the Issuance of a building permit. 'j S. 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, I ;James J. ay, E. Chairman, Plat & Street Committee JJK:gc Enclosure: Contact Sheet CC: James E. Beadman & Associates, Inc. Plat and Street Committee Members t. File 77' &t!v fti Page 2 of 2 90- 467 90- 467 f i CITY OF MIAMI, FLORIDA CA=8 INTER -OFFICE MEMORANDUM To : Honorable Mayor and Members DATE : ��) ��90 FILE J of the City Commission N SUBJECT: ROBERTSON ESTATES SUBDIVISION Resolution Accepting Proposec Record Plat Located on St. Gaudens Road Southeasterly of FROM REFERENCES: Main Highway Cesar H. O d i 0 ENCLOSURES City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat Robertson Estates 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 Robertson Estates is a repl at of a portion of the North 1/2 of Lot "M" of Ewanton Heights, Plat Book B, Page 52, Lying in Section 28, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots containing 0.82+ of an acre. It is zoned RS-1/1. 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 9 0 p- 467 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS May 23, 1990 REPORT OF PROPOSED RECORD PLAT OF "ROBERTSON ESTATES" LOCATED ON ST. GAUDENS ROAD SOUTHEASTERLY OF MAIN HIGHWAY A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "ROBERTSON ESTATES" was prepared by James Beadman & 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 a portion of the North 1/2 of Lot "M" of Ewanton Heights, Plat Book B, Page 52, Lying in Section 28, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots containing 0.82+ of an acre. It is zoned RS-1/1 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 James E. Beadman, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 4. The Certificate of Title Examination dated May 10, 1990, signed by Josepth B. Reisman, Attorney, indicates that the fee simple title to the property platted is correctly vested In Brittex Corp., a Florida Corporation, and the Plat has been correctly executed. 90- 467 5. The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedications. 5. Since there is no full width street improvements (sidewalk, curb & gutter, pavement and drainage) on St. Gaudens Road 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. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. Robert E. Har5anera City Surveyor RB:au 90- 467 e 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 plat covering the real property hereinafter described, it Is hereby certified that I have examined a complete Abstract of Title (which term for the purposes hereof means and refers to Owner's Title Insurance Policy No. 31-039141, dated January 9, 1990, issued by American Title Insurance Company and certified computer printouts of Attorneys' Title Services, Inc. covering the period from the date of said policy to May 10, 1990, at 7:00 P.M.) of the following described real property: That ' part..of * Nj'' of -Lot MO.. ire; EWANTON • HEIG5TS' _ acoording t©.the:Plat thereoY, recorded in.Pla Book Bs at pag4'62,:of.the Public Records or Dade a County,' Florida, described as followe: a B ginning at a iVe Sxi Divii0lon Line between the N and. 8 of Lo go, Ewanton Heights, according to the Plat thereof recorded in -Plat Book Bj at page 528 of the* Public Reoords oV.Dade County, riorida: at a point 1062�*8-feet from the Southwest oorner of said Nj.of- Lgt �Mp , vh3,oh is 723.7 feet; South of the Northwest, oorsier' or- Section 28, .Township 54-South • i Range 41 • East, f roin. said poin V of beginning; whibA s , { the Southwest• corner of lands sold by John Gifford and wife, to Augusta H. Saint Gaudens, North 33 do gross Eamt along.West line of Saint Gaudens land 206 f feet more or'less to the South Side of Ozone Avenue; thence Northwesterly along the South side of said .;� avenue' 225 'feet to a pipe, for a corner; thence South 33 degrees West 209 feet more or less to a pipe for a oorner in- the South'Xine of the NJ of Lot nM", thence South 57 degrees East along the South line of j the North half of -Lot "HI" 225 feet to. the point of beginning; with. exception; however, of that portion of the dtive described property which lies South of a line drawn, parallel to and 49 feet distant from the —'$ said .division line between the North half and the South �i half 'of 4aid Lot OH" , ,in said •Eganton Heights. Basing my opinion on said Abstract of Title covering said period I am of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: BRITTEX CORPORATION, a Florida corporation 1. 90- 467 ! ROSENBERG. REISMAN 6 STEIN. ATTORNEYS AT LAW, MIAM1, FLORID^ Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: P 1. All taxes for the year in which this opinion is rendered, unless noted below that such J taxes have been paid. 2. Rights of persons other than the above owner who are In possession. 3. Facts that would be disclosed upon accurate survey. s 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. Mortgage executed by BRITTEX CORPORATION, a Florida corporation, in favor of CORALGABLES FEDERAL SAVINGS AND LOAN ASSOCIATION, dated January 5, IM, and recorded on January 9, 19M, in Official Records Book 14389, at Page 964 of the Public Records of Dade County, Florida. 90- 467 ROSENDERG. REISMAN 6 STEIN, ATTORNEYS AT LAW. MIAMI. FLORIDA Therefore It is my opinion that the following parties must join in the platting of the above described real property in order to grant DADE COUNTY, FLORIDA, and the public, a good and property title to the dedicated areas shown on the final Plat of the aforedescribed property, the subdivision thereof to be known as "ROBERTSON ESTATES" NAME INTEREST SPECIAL EXCEPTION NUMBER Brittex Corporation Fee Owner Coral Gables Federal Savings & Loan Association Mortgagee 1 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. J'( Respectfully submitted this /6" day of May, 19M. F E BERG, REISMAN & STEIN ose a sman AmeriFirst Building One S.E. Third Ave. Miami, Florida 33131 (305) 358-2600 90- 467 ROSENOERG, REISMAN 8 STEIN, ATTORNEYS AT LAW, MIAMI. FLORIDA COVENANT TO RUN WITH THE LAND WHEREAS, _BRITTEX CORPORATION) A FLORIDA CORPORATION (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 ROBERTSON ESTATES 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, Section 54.30 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 St. Gaudens 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 kith 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: I � t 90467 .r: 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 r 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 1550 Madruga Avenue, Suite 321 Coral Gables, Florida 33146 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 suEh 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- i 90-- 467 3,1 0 104, IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this 18 day of _May - A.D., 1990 Signed, Sealed and Delivered OWNER in the Presence of: ATTES Britt %torporati ri f - 'A/U,- (- As becretary Alicia S. Baro, Secretary (Corporate Seal) ATTEST: ecr orate Aeal) APPROVED: ."Po&x2ment ot Public Work THIS INSTRUMENT WAS PREPARED BY: SEAL S ) S L) S ) ;SF L) EAL) Brittex Corporatio rinc'pa1 4q5doration) Britk J. Ro , President s President APPROVED AS TO FORM AND LEGALITY: 'A �s /_0 �✓' C/G t Attorney -3- 90-- 467 CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officers, 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 in the Presence of: Brit orp rati F-�;>A.,tj By:Brit J. R e Presiden / Britt x Corporation By: j 4"") Alicia S. Baro, Secretary CORPORATE SEAL STATE OF FLORIDA) COUNTY OF DADE;- ) I HEREBY CERTIFY that on this 18th day of May A.D., 1990 , before me personally appeared Britt J. Rosen, President and Alicia S. Baro, Secretary of Brittex Corporation a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and 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. WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, the day and year last aforesaid. M)TMV PI W STATE (F nW&A i NV W "1 UM EXR.00T. 3.1992 s BODED TRW i1EJOM M. U D. COMMISSION E S:WrARY PUBLIC STAT OF FLORIDA AT LARGE APPROVED: •4MCT.W OF PUBLIC WORKS This Instrument Prepared by Department of Law City of Miami, Florida 90- 467