HomeMy WebLinkAboutR-90-0228t_9n_174
/zs/yo .�
RESOLUTION NO.
-
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"BAYROCK 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 DADS: 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 "BAYROCK SUBDIVISION" is a
replat of Lots 34 and 35, less the west 37.5 feet of said Lot 35,
of "Bay Homes Subdivision", according to the Plat thereof as
recorded in Deed Book 338 at Page 23 of the Public Records of
Dade County, Florida, all 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, is hereby accepted and confirmed by the City of Miami,
Florida.
CITY COMIAISSION
MEE1'i:,�C OF
MAR 2:L flay
RESOLUTIUN No
REMARKS:
Section 2..
The Covenant To
Run Ali th
The Land executed by
Robert W. Greene,
postponing the
immediate
construction of full
width street improvements (sidewalk, curb & gutter, pavement and
drainage consisting of 60 linear feet of 18" french drain, 25
linear feet of 15" R.C.P. crossdrain, 3 Type "D" catch basins and
3 catch basin pads on (N) Bayhomes Drive), 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.
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 pursuant to law.
PASSED AND ADOPTED
1990.
ATTEST;,,-7
dHR A=IRA I �.,C I ��TYC L = K
PREPARED AND APPROVED BY:
�IRIAWMAER
CHIEF ASSISTANT CITY ATTORNEY
this 22nd day
-2-
of March
APPROVED AS TO FORM AND
CORRECTNESS:
'f' J'Ut1 rNEY
CITY ATT
90-}228
U
C.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
N
FROM
'Cesar H. 0di� � l
City Manager !
RECOMMENDATIO`a:
I . ! FILE
DATE MAR 4
SUEUECT BAYROCK SUP nIVISI0H
Resolution Accepting Proposed
Record Plat Located on Horth
Bayhomes Drive easterly of
REFERENCUO u g l a s Road
ENCLOSURES
It is respectfully recommended that. the City Commission adopt a
resolution accepting the plat "3ayrock Subdivision" and approving
recording the sane in the public Records of Dade Count,, Florida.
BACK.GROIIN t:
The Department of Public Works has reviewed this plat, and has
determined that it is now in order for acceptance by the City
Comnission.
The proposed record plat entitled "BAYROCK SUBDIVISIOM" is a
repiat of Lots 36 and 35, less the west 37.5 feet of said Lot 35,
of "Bay Homes Subdivision", according to the Plat thereof as
recorded in Deed Book 133 at Page 23 of the public Records of
Dade County, Florida, all lying in Section '2q, Township 54 South,
Range 41 East, City of "Miami, Dade County, Florida. The area
platted consists of two (2) lots containing 0.1-3+ 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
C+iT��i'T%Ti�i]
1f7 r,._ - :,
OPINION OF TITLE
0: CAZE CIC 1 f, a p^litical subdivision of the State of, Florida.
l.th t g in l"erstanding that this ^pinion of title is furnished to
,.__. n c lian^ with the Ordinance No. ;'.4� CCt.+� c, FLn�Ir =., i c-p ..e u c 57-30,, and as an
induce:-ent `or acze:;tarce of a proposed final subdivision plat covering the
real. prc::erty herei-:-m`ter descrited. It is hereby certified that Z (we) have
?xa-1^o j cc- i` to Abstract Cf T itie ccr.;rle*ely covering the period from
Tw;� 19 t .e _F�_ _ to .. *�% A.D. 19 9") , at 8:00 A.M., inclusive,
of the e=_:rued real property.
Cnly realty tc Le Subdivided)
lic s 34 ar-�f 35, less the ;lest 31.5 feet cf s31d Imo- _35, of BAY = S7uM S1rj;
r
a=rt irc to the plat t`:erecf as re-c : r3ed in De-e-d Ba::k .538 r at Page 23, cf t1ya
t.ibl c ?rds of .Dade Gcumt<: r FIcrida
asi.^.g m (our) ctinion an sad coaplete abstract covering said period
(Ge) a- (area of t.e cpinica h at cn -he last mentioned date the fee simple
tilt to tl-.e move d__cri.Ied real property was vested in:
fled 13/23i87
18
Ema
Subject `o encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1. All tax,::; for the ,-,gar in which this opinion is rendered, unless noted below
that su-h taxes have been paid.
2. Rights of. person. ether than the above owners who are in possession.
3. Facts thIlt would I» disclosed upon accurate survey,
u. Any unrecorded labor, mechanics' or materialmens' .liens.
5. Zoning .ind other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
6. Mortgage in the original amount of $190,000.00 given by ROBE711 W. (3RMTE III
and JOAN ELI ZABETH ANDRE to LU%:IA L . DIALLER AND WILLIAM L . WALLER, JR f i led
6/22/87 in ORBook 13319 at nacre 3847 of the Tlubl.ic Records of Dade County, Florida.
7. Mortgage in the original amount of. $86,000.00 given by ROBERT W. GR=, III to
COCONUT GROVE BANK filed 12/24/87 in ORBook 13520 at Page 3309 of the Public
Records of Dade County, Florida.
L
111.06-11 - 2 —
90228
0
El
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, i'LORIDA, and the public, a good and proper title to the dedicated areas
shown on the final flat of the afore -described property, the subdivision thereof
to be known as ewzlc'o C/c y/S/C)/y -
ROBERT W. GREENE III, a single man
NAME
LUCIA L. j:.7P=R AND
=IAM L . WALLER, L .
��
INTEREST
SPECIAL EXCEPTION
NUMBER
FIRST I4ORT'AGE #6
$190,000.00 original amount
SECOND MORTGAGE
$86,000.00 original amount #7
I, the undersigned, further
admitted to practice in the State of
of the 1'lnr i da bar.
certify that I am an attorney -at -law duly
Florida, and am a member in good standing
Respectfully submitted this 2nd day
of February 1990
NAt1E
RIQIARD C. POLLOCK, Esc{.
994000 S. Dadeland Blvd #425
ADDRESS
111.06-11. -- PAGE 3
90-0228
WHEREAS,
COVENANT TO RUM WITH THE LAND
ROBERT W. GREENE
(hereinafter referred to as "the Oamer" 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 BAY ROCK SUBDIVISION
Plat Book at Page
County, Florida; and
as recorded in
of the Public Records of Dade
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 MIA11I, 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, cLirb & gutter, pavement and
drainage consisting of 60 linear feet of 18" French Drain, 25 linear.
feet of 15" R.C.P. crossdrain, 3 type "D" catch basins and 3 catch basin
pads) on North Bayhomes Drive.
and
WHEREAS, the OWIiER 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:
90-° 0228
NOW, THEREFORE, in consideration of the premises herein
set out, the OWTIER 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 front
the Director of Public Works of the City of Miami, Florida,
addressed to the 01,R4ER, at P.O. BOX 330151, Miami, Florida 33233-0151
It is expressly agreed that this obligation shall be binding
upon the 01MER, 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 O1,1NER 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 014NER 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
OUTNER 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 --
IN WITNESS WHEREOF the OkjNER has caused this agreement
to be executed this day of —� ` n A.D., 19
Signed, Sealed and Delivered OWNE
in the Prese ce of:
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
ATTE6T :
s\5ecretary
(Corp,6rat� Seal)
ATTEST:
ecre
(Corporate/Seal)
THIS INSTRUMENT WAS
PREPARED BY:
APPROVED AS TO FORPf& AdD
LEGALITY:
Jorap L. F-rnana r'j;-v A'.j-ornny
(�Tm-r n7l sRT Ii iL7S T'T nL7T TlA �
-GTT4-to-141A 'L , z�Tn - C y torney
RETURN TO PUBLIC WORKS DEPT
275 N.W. 2 STREET -7
- 3 -
w 4,
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to administer oaths
and take acknowledgments, lo�e� 1 �'"v G%�-
to me well known to be the person(s) described herein and who executed
the foregoing, instrument, and acknowledged before me that k Q,
executed the same freely and voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at5= [inI QC-CS-1 r
Coal 6t'� les County of ila d and State of 1
this day of A.D. 1 9 qv
Notary Public
My Commission Expires:
11yCDMM;ssion Expires Afar.16.1990
T,ortn Ptd #236 [tear. 5/69
90-0228
THE CITY OF MIAli I, FLOP, IOA
DEPARTMENT O: PUBLIC WORMS
February 20, 1900
REPORT OF PROPOSED RECORD PLAT OF
"BAYROCK SUBDIVISION1"
LOCATED ON NORTH BAYHOMES DRIVE
EASTERLY OF DOUGLAS ROAD
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled "BAYROCK SUBDIVISION" was
prepares! by E.R. Brownell and 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 replat of Lots 34 and 35, less the
west 37.5 feet of said Lot 35, of "Bay Homes Subdivision",
according to the Plat thereof as recorded in Deed Book 338
at Page 23 of the Public Records of Dade County, Florida,
all 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 0.43+ 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 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 January 19, 199011
signed by Richard C. Pollock, Esq., Attorney, indicates that
the fee simple title to the property platted is correctly
veFted in Robert W. Greene III, a single man and the Plat
has been correctly executed.
5. The area platted is encumbered by mortgages and the mortaar;e
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 consisting of 60 linear
feet of 18" French Drain, 25 linear feet of 15" R.C.P.
crossdrain, 3 type "D" catch basins and 3 catch basin pads)
on North Bayhomes Drive 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 the required subdivision improvements on this
property have been previously placed and accepted, this Plat
wi 11 be forwarded to the Ci ty Commi ssi on of Mi ami , F1 on da,
without the usual formality of providing Bond and Contract.
8. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
o ert ar anera
City Surveyor
RB:au