HomeMy WebLinkAboutR-89-1145J-89-1169
12/5/89 C7 a�i.
RESOLUTION NO.
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A RESOLUTION ACCEPTING THE PLAT ENTITLED
"GARST 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 EXECIITE THE PLAT AND PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, the 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 "GARST SUBDIVISION" is a
subdivision of a portion of Lot 14, Block 5, Natoma Park, PB 9 -
Pg 116, in the NE 1/4 of Section 15, 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.
_ Section 2. The Covenant to Run With The Land executed by
Walter P. Garst, postponing the immediate construction of full
width street improvements (sidewalk, curb A gutter, pavement and
drainage) on Opechee 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
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covenant after plat has been recorded in the Public Records of
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Dade County, Florida.
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Section 3. The City Manager and City Clerk are, hereby
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authorized and directed to execute the plat and cause the same -toy
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be recorded in the Public Records of Dade County, Florida.
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Section 4. This Resolution' shall become effe+ty
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this
i4th- day of Decemb
19R9.
ATTE
RAI, CITY UM
LEGAL REVIEW BY:
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
TO Honorable Mayor and Members
of the City Commission
FR Cesar H. Odi o"�Y
Cit Manaaer
FILE
DATE
;, G
SU8jECTGARST SUBDIVISION
Resolution Accepting Proposed
Record Plat Located on Opechee
REFERENCES' V e
ENCLOSURES,
RECOMMENDATION:
It is respectfully recommended ��that the City
issiando approving
adopt A
resolution accepting the Plat Garst Subdivision"Florida.
recording the same in the Public Records of Dade County,
BACKGROUND:
The Department of Public Works
chas order reviewed
acceptance lhy, the and
City
has
determined that it is now
Commission.
The or000sed record al at entitled ��GAR FT Nator�aVlPa SUBDIVISION"
Pa is A a
subdivision o` a portion of Lot 14, Block , 54
og. 115, in the N.E. 1/4 of Section 15, Tow Florida hipThe arpahnlatted
41 East, City of Miami, nade County,
consists of one (1) tract containing �.14 + of an acre. It is
zoned RS-2/2.
the following
documpnts necessary for the City
Also attached are
in making
their decision:
Commission to consider
(1) -Resolution accepting 'the Plat
-
(2) Engi neeri gReport
(3) Print of proposed Record
Plat
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THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
November 13, 1989
REPORT OF PROPOSED RECORD PLAT OF
"GARST SUBDIVISION"
LOCATED ON OPECHEE DRIVE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled "GARST SUBDIVISION" was
prepared by E.R. Brownell and Assoc. 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 subdivision of of a portion of Lot
14, Block 5, Natoma Park, PB 9 - Pg. 116, in the NE 1/4 of
Section 15, Township 54 South, Range 41 East, City of Miami,
Dade County, Florida. The area platted consists of one (1)
tract containing 0.14 + 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 October 24 1989
signed by Laura L. Russo, Attorney, indicates that the fee
simple title to the property platted is correctly vested in
Walter P. Garst and the Plat has been correctly executed.
The area platted is not encumbered by mortgages,
6.
In accordance with the requirements of Chapter 54, of The
-
Code of The City of Miami, Florida a Cashier's Check �n the v
amount of t3,200 has been tendered by the owner's
representative Russo, Allen$ Baker 3 Silverman. Ttt1s i
Cashier's Check has been deposited with the 01rector `
t, `
Finance and will f
guarantee the completion eti on of the subi 1 s:
,
improvements according to the provisions of the A9r�em¢t¢
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THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
November 13, 1999
REPORT OF PROPOSED RECORD PLAT OF
"GARST SUBDIVISION"
LOCATED ON OPECHEE DRIVE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
* * * * * * * * * * * * * * * * * *
The accompanying Plat entitled "GARST SUBDIVISION" was
prepared by E.R. Brownell and Assoc. 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 subdivision of of a portion of Lot
14, Block 5, Natoma Park, PB 9 - Pg. 116, in the NE 1/4 of
Section 15, Township 54 South, Range 41 East, City of Miami,
Dade County, Florida. The area platted consists of one (1)
tract containing 0.14 + 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 October 24, 1989,
signed by Laura L. Russo, Attorney,
indicates that the fee
simple title to the property platted
is correctly vested in
Walter P. Garst and the Plat has been
correctly executed.
S.
The area platted is not encumbered by
mortgages.
6.
In accordance with the requirements
of Chapter 54, of The
Code of The City of Miami, Florida a
Cashier's Check in the
K
amount of $3,200 has been tendered by the owner's
`a
representative Russo, Allen, Baker
A Silverman. This
Cashier's Check has been deposited with the Director of e
Finance and will guarantee the completion of the suibadi v. si on` "
improvements according to the provisions of the Agreement
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between the City of Miami and the aforementioned owner. The
improvements required at the property platted are listed as
.follows: New concrete sidewalk, new asphalt concrete
pavement, sanitary sewer structures and the removal of
concrete sidewalk.
7. Since there is no full width street improvements (sidewalk,
curb R qutter, pavement and drainage) on Opechee 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.
8. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
Robert Bar5anera
City Surveyor
RB:au
METAOPOI.ITAN DADB 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
BADE cOUNTY, rLORIDA, 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
epamined the complete Abstract of Title completely covering the period from
the BEGINNING to October 24 A.D. 19 89 , at 8:00 A.N. , inclusive,
of the following described real property:
(Describe only realty to be subdivided)
Lot 14 less the East 3 Feet, Block 5, NATOMA PARK SUBDIVISION
according to the Plat thereof, as recorded in Plat Book 9,
Page 116, of the Public Records of Dade County, Florida.
* This opinion is based on a prior policy issued by Attorneys'
Title Insurance Fund No. OG 1045912, dated October 24, 1985,
and a Certified Computer Printout through October 24, 1989.
.
..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 z;
title to the above described real property was vested in:
a,
WALTER P. GARST
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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
1. Restrictions contained in Warranty Deed dated April 19, 19270
from Carter Realty Co., a Florida corporation, to Anna H.
Scherrer recorded in Deed Book 1090, Page 07 and Warranty Deed
dated June 1, 1928 from Carter Realty Co., a Florida corporation
-_ to A.N.
Woodward recorded in Deed Book 671,
Page 398, Public
Records
of Dade County, Florida.
Note: 1988
Taxes in the amount of $1,457.32 were paid February 17,
1989,
under Receipt No. 04,/8931002.
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111.06-11 Page 2
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 DADS
COUNTY, PLORIDA, and the public, a good and proper title to the dedicated areas
shown on the final Plat of the aforedescribed property, the subdivision thereon
to be known as �'.i .i't��!`d/��J/dltr/•
NAME INTEREST SPECIAL EXCEPTION
NUMBER `'
Walter P. Garst Fee Simple Title Holder }'
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I,`the undersigned, further certify that I am an attornoy-A-lbw duly ¢;
admitted to practice in the State
of Florida,"and.am a:membei ln`gopd�°stmgding
- of the Florida `Bar,.,
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Reaper ly submitted this D �r
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Laura L. RU-Wo # 4 f
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ADDUSS
111, 06-11 T'AQu
AGREEMENT FOR CONSTRUCTION OF CERTAIN 1'MPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CHAPTER 54.3
THE CODE OF THE CITY OF M1AMIv.FLOAtDA
WHEREAS , _ _ _WALTER P ._ GARST
(hereinafter referred to as the 'Owner"), concurrently with the
delivery of this Agreement, has applied to THE CITY OF MIAMI,
FLORIDA, (hereinafter referred to as the "City"), for the
acceptance and confirmat tp,
the Commission of said City, of
a certain proposed plat of a subdivision to be known asigARs2
SUBDIVISION 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, requires 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:
1. Within one (1) year from the effective data of the acceptance
andiconfirmation 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 premise$, the Owner will construct, or cause to have constructed,
at his own expense and in accordance With standard specifications of "
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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. Although one.yAar is
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allowed for 'the completion of the aforementioned improvements, it to s `
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AGREMENT FOR CONSTRUCTION Off' CERTAIN I WX0V*2mTS
PURSUANT TO PROVISIONS OF
CHAPTER 34, SECTION 54-30 AND CHAPTEK 54.5
THE CODE OF THE CITY OF MIAMI, FL0110A
WHEREAS, WALTER P. GARST
(hereinafter referred to as the 'Owner"), concurrently with the
delivery of this Agreement, has applied to TIE CITY OF MIAMI,
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 an. GARST
SUBDIVISION 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, requires 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 goad and
sufficient Performance Bond, Letter of Credit or Cashier's Check;
NOW, THEREFORE, the Owner hereby covenants and agrees with,
said City as follows:
1. Within one (1) year from the effective date of the acceptance
andjconfirmation of said plat by the Commission of said City,: or prior
to the issuance by the City of -Miami of a Certificate of Occupaney..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 y`
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estimate of cost of said improvements, a copy whereof is attached~
hereto as Exhibit "B" and made a part hereof. AlthavSh one year is
allowed forth* completion of the aforementioned eprovessats't it is x
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Fob..PW #178 Rev 7/86
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not in the public interest that such construction work should be
prolonged to the extent that it would have a disorganting effect
upon the neighborhood. After the work is started, the Owner hereby
agrees to prosecute said work progressively so as to complete it in
a reasonable length of time as,determined by the Department of Public
Works.
2. In accordance with the provisions of said Chapter 54, Section
54-30 and Chapter 54.5, THE CODE OF THE CITY OF MIAMI, FLORIDA, the
Owner herewith deposits with the City a Cashier's -Check in the amount
of $ 3,Z o._o0 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 "B01, plus twenty-six (26%) percent for
engineering or contingent costs and damages, the conditions of the
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
submittedpto the City of Miami Department of Public 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, in
the 4vent of the failure or neglect of the Owner to.perfo= this
Agreement, said check.shall be applied by said City to the cost of
constructing or completing the improvements, together with 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'• fees
in the event of the Owner's default.
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IN WITNESS WHEREOF, the Owner has caused this Agreement to
be executed in triplicate this „D day of fie`►
K
A.D., 19 89 ,.
Signed, Sealed and Delivered
Ownei
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Prea dent
Approved and accepted on behalf of the City of Miami, Florida,
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this day of A,D,, 19 ' .
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By •
tor, Dept Of Publia r�:
STATE OF FLORIDA)
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COUNTY OF DADS )
I HEREBY CERTIFY that on this day personally
ar)peared before me, an officer duly authorized to administer oaths
and take acknowledgments, WALTER P. GARST
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that he
executed the Name freely and voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at Miami
"0 ICIAL NOTARY SEAL"
LAURA RUSSO
W COMM. EXP. 2118/93
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EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
WALTER P. GARST
FOR IMPROVEMENTS AT
"GARST SUBDIVISION"
Located on Opechee Drive
NEW ASPHALTIC CONCRETE PAVEMENT $ 250.00
Approximately 13 square yards
REMOVAL OF EXISTING SIDEWALK $ 320.00
Approximately 160 square feet
NEW CONCRETE SIDEWALK E 350.00
Approximately 160 square feet
SANITARY SEWER STRUCTURES $ 1,500.00
Install 25 lineal feet of 6" EHCI
Sewer Lateral Pipe
Install one sanitary riser at
mainline sewer
ESTIMATED COST OF IMPROVEMENTS $ 2,420.00
10% CONTINGENT
$ 242:00
17% ENGINEERING AND INDIRECT COSTS
$ 452.54-
TOTAL
$ 3,114.54
-
AMOUNT OF CASHIER'S CHECK
E 3,200.00
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COVENANT TO RUN WITH THE LAND
MIEREAS, WALTER P. CARST
(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 GARST 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 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 OVINER 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.
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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.
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improvements at�such" time in the future as he is notified b the, t:
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CITY ,that the
aforementioned improvements are necessairy Qr. '
desirable:
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COVENANT TO RUN WITH THE LAND
WHEREAS , WALTER P . GARST
(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 GARST SUBDIVISION
as recorded in =,
Plat Book at Page of the Public Records of Dade
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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 OFTNER 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.
/W/ j 44liVt� /M���!�bs j;o.Ts- �o40i4val-le frr��% •
and
WHEREAS, the OWNER asks to be relieved of his obligation to
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construct . the aforementioned improvements at this- time,., and in v }
consideration of'the forbearance of the CITY he,,agress with the
G1TX that. he, will at his own. expense- construct. the &foremeat oned.; , ri
improvements at°:such time in the future as' he is .notifie
CITY that the ,aforementioned improvements are necesssQx
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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
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 1788 Opechee Drive, Miami._Plorida
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
Directorof 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 5
aforementioned improvements to be constructed at the expense ofthe
OWNER and/or.said fee simple owner, and the amount pf ,#kph cons-- `t;V
truction cost shall be declared and extablished as alien o
n
.� . � ,.fir dates
property of such} defaulting ed as any lion for OWNER an or
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materials furnished and work and labor dare.'aa provided under
the St4tutes of Florida'.
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tN WITNESS WHEREOF the OWNER has caused this agreement
to be executed this`�� day ofL=&dL:L.2 -A.D. 19._ 89___.
Signed, Sealed and Delivered O ER
in the Presence of:
�&ER P; GARST
SEAL)
_ (SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
ATTES
ecre ry
(Co orate eal) ---Xrresidqht
r n pa Corpora on
- APPROVED:
= ep ent o4blic�Vor s
THIS INSTRUMENT WAS
APPROVED AS TO FORM AND
PREPARED BY:
LEGALITY:rj
'�" ��.A L. �'�►+"naniA� ri.F t- r ny
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nERAROMM2, As SAW
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RETURN TO 'PUBLIC DEPT
-city ttoil�,�1
.WORKS
275 N.W. 2 STREET
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STATE OF FLORIDA)
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COUNTY OF DADE )
I HEREBY CERTIFY that
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on this day personally "
appeared before me, an officer duly authorized to administer oaths
and take acknowledgments, WALTER P..GARS'T
to me well known to be the person(s) described herein and who executed
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the foregoing instrument, and acknowledged before me that he
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executed the same freely and voluntarily
for the purpose therein expressed.
WITNESS my hand and
official seal at Mia`m__i
County of Dade,
and State of P 1 gri do
:his day of r A.D. 19. 89 .
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Notary Public
My Commis ires:
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OF
sWICIAL NOTARY SEAL"
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LAURA RUSSO
18/93
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