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HomeMy WebLinkAboutR-89-1145J-89-1169 12/5/89 C7 a�i. RESOLUTION NO. ------ 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 r covenant after plat has been recorded in the Public Records of Y'� g Dade County, Florida. t "1 Section 3. The City Manager and City Clerk are, hereby y authorized and directed to execute the plat and cause the same -toy * C be recorded in the Public Records of Dade County, Florida. 3TWO �. �� DEC 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 1 1 i x s � .e MN r � k I }� 1 h 'i' i s 3- J 7 ` - i t -yr yy, 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¢ n. r. a ' . r- a 0 H 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 �"'t ' jf 3 _�,y,. '^iL '. . , ti. . A .. 0 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 • fit': Sri ;3 x {a 111, 06-11 PAGE ], ti ram,.. �f w I�I • u o � �t'; �'�r�Qj i�j�e Ili Il � � 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. a } 1 1 \ �Y s ✓ 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 }' aF - ,... .. - t 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,., �y Reaper ly submitted this D �r .a � v Laura L. RU-Wo # 4 f er B :Tvezuw M' 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 " x� 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 - r allowed for 'the completion of the aforementioned improvements, it to s ` ,z k Form PW #l78 Row 7/86 } F jF 2 „ VI^ III LI c � Y w 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` i 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 4 Fob..PW #178 Rev 7/86 xt z N � `x 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. = ti ;.t i Form PW #178 Rev 6/86 r �, 4 i _R 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 -- r nc pa Cos�por Lion) r aside t r nc rporat on 7 Prea dent Approved and accepted on behalf of the City of Miami, Florida, yj this day of A,D,, 19 ' . lSi 4 } AJ !: L By • tor, Dept Of Publia r�: STATE OF FLORIDA) SS 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 r x 4t pw 40 s� i r 4 e n a;�� Farm FW #236 Rev, 5 69 F F s �,r El 11 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 �x t as � 7 � k ' r•t,iy� r ,fir., � ��� , .�. � 4v._�, � .; k':tis — 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. oOC49 IIAVI W1W ler es /moa -0& ir Aws 'Fi, */s- �yd 6v1�" cAr a<✓ � Aw drQ�itq iw � . ' . ` s CItS• 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. 1 improvements at�such" time in the future as he is notified b the, t: Y CITY ,that the aforementioned improvements are necessairy Qr. ' desirable: f l 1, 6S # e e �tg a g 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 = 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 k t>s f` 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 Y * z d+esirablep a • - 11 r. ki4 �8. II I k x i� 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 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 eTla A materials furnished and work and labor dare.'aa provided under the St4tutes of Florida'. q •J� ,5 \Z tLyE tY. _ t � l 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 - nERAROMM2, As SAW - _ t 1, J RETURN TO 'PUBLIC DEPT -city ttoil�,�1 .WORKS 275 N.W. 2 STREET t j.a 3e i w t SM STATE OF FLORIDA) iv g SS J � COUNTY OF DADE ) I HEREBY CERTIFY that r� 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 = the foregoing instrument, and acknowledged before me that he -_� 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 . -- Notary Public My Commis ires: ' 4. ` /F�oxp ** TE ' OF sWICIAL NOTARY SEAL" 1 � LAURA RUSSO 18/93 NY COW. EXP. 2/ t 4K ' 111 gr'.'rt - } b ' t J Form ':`�W #236 Rev. l �' i, y 'fir - _ r M i � { ' + ft��� �Y • �� it I_� -f,. -- r