HomeMy WebLinkAboutR-89-0969J-89-975
9/27/89
RESOLUTION NO.'9"9
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"ALANDCO SECTION ONE' A SUBDIVISION IN THE
CITY OF MIAMI; AND ACCEPTING, THE DEDICATIONS
SHOW! ON SAID PLAT; MID 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 "ALANDCO SECTION ONE" is a
resubdivision of portions of Knowlton's Map of the City of Miami,
P.B."A" P. 54, East Riverside, P.B. 28 P. 43 and a portion of S.W.
North River Drive in Sec. 37 TWP. 54 South, Rqe. 41 East, all lying
in the 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 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.
CITY COMMISSION
MEETING OF
OCT 2-6 19899 Q
RESOLUTION No. Rl)- 6 ``'
9/27/R9
Section 3. This resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED THIS 26th day
ATTE-ST
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
'JI39
s. I
9
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members DATE: OCT 17 1989 FILE: —
of the City Commission
"ALANDCO SECTION ONE"
SUBJECT : SUBDIVISION
Resolution Accepting
Proposed Record Plat
FRO REFERENCES: Located on S. W. 2 Avenue
_
JCesar H. Odi and S.W. 3 Street -
C i ty Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat "Alandco Section One", and approving S
recording the same in the Public Records of Dade County, Florida.
BACKGROUNn :
i
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 "Alandco Section One" is a
resubdi vi si on of portions of Knowl ton's flap of the City of Miami,
P.B."A" P. 54, East Riverside, P.B. 28 P. 43 and a portion of
S.W.North River Drive in Sec. 37 TWP. 54 South, Rqe. 41 East, all
lying in the City of Miami, Dade County, Florida. The area
platted consists of two. (2) tracts containing 5.11- acres. It is
zoned CG-1/7 and WF-1/7.
Also attached are the following documents necessary for the City
Commission to consider in making their decision:
M Resolution accepting the Plat
(2) Engineering Report
(3) Print of proposed Record Plat
A9w'91i'�
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
j
September 27, 1989
REPORT OF PROPOSED RECORD PLAT OF
"ALANDCO SECTION ONE" LOCATED ON
S.W. 2 AVENUE AND S.W. 3 STREET
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
i
3' I
The accompanying Plat entitled "ALANDCO SECTION ONE" was
prepared by A. R. Toussaint R Associates. It is in correct form
I
for
submission to the City Commission and is forwarded with a
— } recommendation that it he approved. —
PERTINENT INFORMATION REGARDING THE PLAT:
1.
The property platted is a resubdivision portions of Knowlton's -
Map of the City of Miami, P.B. "A" P. 54, East Riverside, P.B.
28 P. 43 and a portion of S. W. North River Drive i n Sec. 37
TWP. 54 South, Rge. 41 East, all lying in the City of Miami,
kk
l
Dade County, Florida. The area platted consists of two (2)
i
tracts containing 5.11± acres. It is zoned CG-1/7 and WF-1/7.
2.
The location of the streets and the widths conform with the
standards of the Department of Public Works of the City of
F
Miami, Florida.
3.
As certified to by Howard C. Gamble, or Registered Land Surveyor,
Y
this Plat complies with the plat filing laws of the State of '
Florida.
4.
The City Zoning Board of Miami, Florida, after Public Hearing,
has recommnded the closing of Southwest North River Drive
located East of the I-95 right-of-way, West of the West right-
of-way line of Southwest Second Avenue and South of the South
-
right-of-way line of Southwest Third Street. This action was
i
confirmed by City Commission Resolution No. 89-741.
5.
The Certificate of Title Examination dated August 30, 1989,
signed by Robert H. Blank, Esq., Attorney, indicates that the
'— -
fee simple title to the property platted is correctly vested
in Alandco, Inc., and the Plat has been correctly executed.
= f.
The area platted is not encumbered by mortgages.
1 7. In accordance with the requirements of Chapter 54, of The Code
i =
of The City of Miami, Florida, a Performance Bond in the =
amount of SI,IR0,000.00 has been executed by Alandco, Inc.,
Principal, and Safeco Insurance Company, Surety. This Bond
and the Surety's Power of Attorney wi11 accompany the
Agreement between the City of Miami, Florida and the Principal
to guarantee the construction of landscaping, new concrete
sidewalk, new concrete curb and gutter, bulkhead, new _
,i
asphaltic concrete pavement, storm sewer structures and
riverwalk, and the removal of existing sidewalk and curb and
gutter at the property platted.
R. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
i
i
CITY SURVEYOR
R9- -9F' 9
E
METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING - SUBDIVISION CONTROL
OPINION OF TITLE
F TO: DADE COUNTY, a political subdivision of the State of*Florida.
With the understanding that this opinion of title is furnished to
DADE COUNTY, MORIDA, in compliance with the Ordinance No. 57-30, and as an
inducement for acceptance of a proposed final subdivision plat covering the
real prpp�erty hereinafter described. It is hereby certified that I (we) have
examinet] 4he complete Abstract of TT tle completel overing the period from
the BEGINNING to August 3� A.D. 19�, at e:00 A.M., inclusive,
of the following described real property:
(Describe only realty to be subdivided)
See Exhibit "A"
the documents
..Basing my (our) opinion on said -cc
I (we) am (are) of the opinion that on the last
title to the above described real property was
Alandco Inc.
f See Exhibit "B"
111.06-11 - PAGE 1
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, rLORIDA, in compliance with the Ordinance No. 57-30, and as an
inducement for acceptance of a proposed final subdivision plat covering the
real prp�rty hereinafter described. It is hereby certified that I (we) have
examineld� he complete Abstract of TT tle completel overing the period from
the BEGINNING to August Ju A.D. 19 W, at 8:00 A.M., inclusive,
of the following described real property:
(Describe only realty to be subdivided)
See Exhibit "A"
the documents not forth on Ezhibit "B" hereto
..Basing my (our) opinion on covering said period
I (we) am (are) of the opinion that on the last mentioned date the fee simple
title to the above described real property was vested in:
Alandco Inc.
* See Exhibit "B"
111.06-11 - PAGE 1
�9�9�9
l�
LAW
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. Easement in favor of City of Miami Water & Sewer
Department dated 3-26-53 recorded in Deed Book 3737 at
Page 237, Public Records of Dade County, Florida.
2. Easement in favor of Florida Power & Light Company dated
4-1-53 recorded in Deed Book 3741 at Page 5, Public
Records of Dade County, Florida.
3. Easement in favor of City of Miami Water & Sewer
Department and Florida Power & Light Company dated
3-20-53, recorded in Deed Book 3743 at Page 114, Public
Records of Dade County, Florida.
4. Easement in favor of Florid Power & Light Company dated
2-7-61 recorded in O.R. Book 2475 at Page 103, Public
Records of Dade County, Florida.
5. Easement in favor of City of Miami Water & Sewer
Department and Florida Power & Light Company dated 2-7-
61 recorded in O.R. Book 2475 at Page 100, Public Records
of Dade County, Florida.
6. Right of Way Agreement between Water and Sewer
Department, City of Miami and Cutler Realty Company dated
March 6, 1961, recorded in O.R. Book 2530 at Page 118,
Public Records of Dade County, Florida.
7. Easements in favor of Florida Power and Light Company
dated 3-20-53 recorded in O.R. Book 12246 at Page 1117,
Public Records of Dade County, Florida.
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 DADE
COUNTY, FLORIDA, and the public, a good and proper title to the dedicated areas
shown on the final Plat of the aforedescribed property, the subdivision thereof
to be known as Al andno, Rr-c_1- i nn ,�na
NAME INTEREST SPECIAL EXCEPTION
NUMBER
Alandco Inc. Fee Title N/A
I, 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.
Respectfully submitted this 13 day
of September 1"9`89 .
NAME - ROBERT H. BLANK, ESQ.
One Biscayne Tower, Suite 3636
Miami, Florida 33131
ADDRESS
1.11.0E-11 - PAGE 3 ���
B% H I B I T "A"
All of the real property owned by ALANDCO INC. consisting of _
various parcels of land more particularly described as follows%
Lot 11 lying easterly of northeasterly line of SOUTHWEST
NORTH RIVER DRIVE, in Block 141, of NORTH CITY OF MIAMI,
according to the plat thereof, as recorded in Plat Book
"A", at page 54, of the Public Records of Dade County,
Florida;
and
North 50 feet of Lot 12, LESS the East 5 feet thereof, in Block 141, of NORTH CITY OF MIAMI, according to the
plat thereof, as recorded in Plat Book "A", at page 54,
of the Public Records of Dade County, Florida
AND
The South 100 feet of Lot 12, of Block 141 NORTH of the =-
City of Miami, Florida, according to a map thereof made
by A.L. Knowlton, C.E., and recorded in Plat Book "A",
at Page 54, of the Public Records of Dade County,
Florida, and more particularly described as follows:
Beginning at the Northwest corner of the intersection of
S.W. Second Avenue and S.W. North River Drive; thence
west along the North side of S.W. North River Drive for =
a distance of 57.50 feet to a point; thence Northwesterly —
along the North line of said S.W. North River Drive along
an arc with a radius of 573.68 feet a distance of 48.75
feet to a point; thence East, parallel with the first
line hereinabove described for a distance of 95 feet to
a point in the West side of S.W. Second Avenue, thence -
South along the west side of S.W. Second Avenue for a —
distance of 100 feet to the point of beginning.
i j,! IPC
Commencing at the Southeast corner of Lot 3, EAST
RIVERSIDE, according to the plat thereof, as recorded in
Plat Book 28, at Page 43, of the Public Records of Dade
County, Florida, thence run S8800413511W along the South
line of Lot 3 for 8.37 feet to the Point of Beginning;
thence continue S88004135"W along the South line of Lot
3 for a distance of 112.19 feet, thence run N24055108"E
for a distance of 108.27 feet, thence run S35009125" for
a distance of 115.49 feet to the Point of Beginning.
AND
land described in Exhibit A-1 attached hereto.
AND
land described in Exhibit A-2 attached hereto.
-- Lot 1, less the East 5 feet thereof; all of Lots 2, 3 and
4; and that part of Lots 5 and 6 lying North of Southwest
North River Drive; all in Block 141 North, City of Miami,
Florida, a subdivision in Section 1, Township 54 South,
Range 41 East, according to the plat thereof recorded in
Plat Book "A", at Page 54, Public Records of Dade County,
Florida.
R9-969
21F 12245 P&TI 16 -
XHiBIT,"A� 1
AU of Lot 1 of 141ocic 142 North, City of ldiami, Florida, together with all land legally
accruing therese+ tram the closing of North River Street and 16th Street as originally
platted, exceptin 0 emfrorn a strip In the Northeast corner of Lot 1 heretofore deeded to
the City of Miami for right-of-way for street purposes, and also.excepting the East five
feet of Lot 1, Block 142 North, less street, according to the Knowlton Map of the City of
Miami on file In the office of the Clerk of the Circuit Court of Dade County, Florida, and
also the premises beginning at the Northwest corner of Lot 1 in Block 142 North, of the
City of Miami, Florida; thence run West along the North line of said Lot 1 in Block 142
North, produced rest, to the Intersection of said line with the low water line of the
Miami River, thence southerly meandering the low water Une of the Miami River to a
point where the South Line of Lot 1 In Block 142 North produced Vest, Intersects said low
water line; thence run East along the South line of Lot 1, Block 142 North, as produced
Nest to the Intersection of the low water line of the Miami River to the Southwest corner
of said Lot l; thence run Northwesterly along the West line of said Lot 1, the same being
the Easterly line of (old) North River Drive, to the point of beginning, together with all
riparian rights appurtenant thereto;
AND
Beginning* at the Southeast corner of said Lot 19 block 142 North, as same Is shown on a
tat entitled "Subdivision of that portion of the City of Miami lying South of 12th Street,
est of Avenue G and East of the Miami River", recorded in Plat Book "A", at Page 34 of
the Public Records of Dude County, Florida; run North along the West line of Avenue G
(now S.W. 2nd Avenue) a distance of 27.06 feet to the point of curvature of a circular
curve; thence run along the arc of a circular curve deflecting to the kft and having for Its
elements a central angle of 590 32' 39"9 and a radius of 44.30 feet, a distance of 46.31
feet to the point of reverse curvature; thence sun along the arc of a circular curve
deflecting to the right and having for its elements a central angle of 00 48' 41" and a -
radius of 623.6E feet, a distance of S.13 feet to the point of tangency of the last —
mentioned circular curve; thence run along a line deflecting to the right 40 21' 44.5" from
the tangent of the last mentioned circular curve, a distance of 94.9E feet to a point, said
point being the Intersection of the centerline of old 16th Street (now S.W. •th Street) with
the Southwesterly line of Noah River Drive, as shown on a plat entitled "Plat showing
new location of North River Drive" (now S.W. North River Drive), recorded in Plat Book 4
at Page 164, of the Public Records of Dade County, Florida; thence tun Westerly along a
tine deflecting to the left 330 IV 46.5" to the last mentioned line, along the center line of
old 16th Street (now S.W. 4th Street), a distance of 220.46 feet to the Westerly line of Old
North River Street; thence deflecting 1240 201460 to the kit from the center tine of old
16th Street (now S.W. 4th Street) run Southeasterly along the Westerly line of Old North
River Street to the North line of said Lot 1, Block 142 North, produced Westerly,p�
distance of 30.2E feet; thence run Westerly along the North line of Bald Lot 1,
Westerly, a distance of 99.0 feet, plus or minus, to the Intersection of the last mentioned
line with the low water line of the Miami Rivet; thence run Southeasterly, meandering the
low water line of the Miami River, a distance of 123.0 feet, plus or minus, to a point
where the Southerly line of said Lot 1, produced Westerly, intersects the low water line of
the Miami River; thence run Easterly along the South line of Bald Lot 1, produced
Westerly, and the said South tine of said Lot 19 a distance of 340.0 feet, plus or minus, to
the point of beglming of the parcel of land herein described, together with all riparian
rights appurtenant thereto;
AND
1kgIn at the Southeast corner of Block 141 North of a Subdivision of a portlon of the City
of Miami, Florida, aoeardin[ 0 the Plat thereof, recorded in Plat Book "A" at Page 1% of
the Public Records of Dade County, Florlda; thence due South along the prolongation
South of the East boundary line of the aforesaid Block 141 North for a distance of 23.0
feet to a point; thence S 190 Si' 00" W along a line parapet to the South boundary line of
said Block 141 North arrdlor its prolongation West for a distance of 111,46 feet to a point
on the Southwesterly boundary line of S.W. North River Drive and the point of Beginning
of the parcel of land herein described; tMnce continue S 890 3SI 00" W along the
prolongation rest of the last preceding course for a distance of 115.89 feet to a point;
thence S 340 21' 30" E for a distance of 30.27 feet w a point which is 30.0 feet South
gc)—qfi,.q
1224 6 'f ! 19
Of the prolongation West of the South boundary line of aforesaid Block 141 North; thence
S 990 38' 00" W along a line parallel with and SO lest South of the prolongation West of
the South boundary line of said Block 141 Month for a distance of 133.0 feet, more or less,
to the Easterly b" of the Miami River; thence N 320 19' 18" E for a distance of 40.93
feet to a point which Is 330.96 feet West of the prolongation South of the East boundary
Une of the aforesaid Block 141 North; thence N 19c Si' 00" E along a Une parallel with and
23 feet South of the prolongation 'rest of the South boundary line of the said Block 141
North for a distance of 13.0 feet to a point which is 363.36 feet West of the prolongation
South of the East boundary Une of said Block 141 North; thence N 630 SS' 00" E for a
distance of 39.26 feet to a point which is 330.02 feet West of the prolongation South of
the East boundary Une of said Block 141 North; thence N Vo 3E' 00" E along a Line
paralJel with and 9.0 feet South of the prolongation Vest of the South boundary line of
said Block 141 North for a distance of 199.91 feet to the Southwesterly boundary line of
the S.W. North River Drive; thence Southeasterly along the Southwesterly boundary Line
of S.W. North River Drive and along a circular curve having a radius of 623." feet
through a central angle of 20 1S 26" for an arc distance of 24.57 Beet to the point of
beginning of the parcel of land herein described;
AND
A parcel of land in Lot 4 of East Riverside, recorded In Plat Book 28 at Page 43 of the —
Public Records of Dade County, Florida, more particularly described as follows;
Commence at the Southeast corner of Block 141 North of a subdivision of a portion of —
City of Miami, recorded in Plat Book "A" at Page 34 of the Public Records of Dade
County, Florida, shown also on said subdivision of East Riverside; thence run S 20 16' 13"
E along the East boundary of Bald Block 141 North extended 9.00 feet to a point; thence
run S S70 41' 34" 'r along a Une parallel with and 9.00 feet South measured at a right
angle from the South line of said Block 141 North, 123.32 feet to the Point of Beginning
and the point of intersection with the Northeasterly Une of said Lot 4, raid line also being
the Southwesterly boundary of S.W. North River Drive; thence continue on last described
course 199.31 feet to a point; thence run S 630 33' 34" W for 39.26 feet to a point; thence
run S 270 41' 34" W for 13.00 feet to a point; thence run S 300 02' 32" W for 40.93 feet to
a point on the South Une of said Lot 4; thence run S 870 411340 W along the South line of -
said Lot ♦, for 3.33 feet to the Southwest corner of said Lot 4; thence run N 600 24' 32" W -
Wong the Westerly Une of said Lot 4 for 33.12 feet to a point; thence N 240 33' 07.3S" E
for 172.33 feet to a point on the North Une of said Lot 4; thence run N 870 42' 34" E along
the North Une of said Lot 4 for 120.% feet to the Northeast corner of said Lot 4; thence
run S 330 31' 26" E along the Northeasterly Une of said Lot 4 for 39.03 feet to a point of
curvature of a circular curve concave to the Northeast; thence run along the are of said
curve having for Its elements a radius of 633.04 feet, a central angle of 140 3411411 for an
arc distance of 1".07 feet to the Point of Beginning, said point bearing S 390 34' 20" W
from the center of said curve.
r.wo
Commencing at the Northeast corner of Lot 2 of Block 142 North of City of Miami,
according to the Plat thereof recorded in Plat Book "A" at Page 54 of the Public Records
of Dade County, Florida, run South along the East Une of said Lot 2 a distance of 0.10
feet, more or less, to the South wall of the Ryan bulldi%; thence run 'test along the
South wail of said Ryan Building a distance of 339.73 feet to the ';test wall of said Ryan
building, said point being located OM feet, more or less, South of the North Une of said
Lot 2; thence run North along the West wall of said Ryan Building to the North Une of said
Lot 2; thence East along the North line of said Lot 2 to the Point of BeglmLu.
Contain In=1.936 acres, more or Jess.
99-9G4
�tF E� 12313 1846 �'
�
EXHIBIT "A"-2
North
Commencing at the -Northeast corner of Lot 2;.. Block 1421of the
SUBDIVISION OF THAT PORTION OF THE CITY OF t1IAM1. according to the
plat thereof, as recorded in Plat Book A. Page 54, of the Public
Records of Dade County, Florida; thence run South along the East
line of said Lot 2, Block 142 for 0.10 feet; thence run S 89
degrees 58 minutes West for 5.00 feet to the point of beginning of
the parcel of land hereinafter described; thence South along the
existing West right—of—uay line of S.W. 2nd Avenue for 347.87 feet
to.a point on an existing bulkhead; thence run along the face of
an existing bulkhead for for following described three (3)
courses: (1) thence N 43 degrees 23 minutes 39 seconds W for
319.22 feet; (2) thence N 62 degrees 45 minutes 49 seconds•tJ for
12.21 feet; (3) thence N 43 degrees 23 minutes 37 seconds W for
67.60 feet to a point on said bulkhead; thence run •N 45 degrees 40
minutes 06 seconds W for 87.29 feet to a point on a concrete
walkway. said point being 0.3 feet West of a drill hole on the
existing bulkhead; thence run N 89 degrees 5E minutes 00 seconds E
for 339.05 feet to the point of beginning.
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R9- 91 99.
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8 X H I B I T "B"
Our opinion of title is based on an examination of the
following:
1. Owner's Title Insurance Policy No. 85-81-134731, dated
March 22, 1983 and issued by Lawyer's Title Insurance
Corporation in favor of W. Flagler Investment Corp.,
which corporation was subsequently renamed Alandco Inc.,
together with a partial Abstract of Title, certified by
Ticor Title Insurance Company under Certificate No.
260311 and covering the period from March 22, 1983, at
7:00 a.m. until August 30, 1989, at 2:30 p.m.;
2. Owner's Title Insurance Policy No. 10-847-04-00001, dated
April, 18, 1983 at 3:00 P.M. and issued by Chicago Title
Insurance Company in favor of W. Flagler Investment
Corp., together with a partial Abstract of Title,
certified by Ticor Title Insurance Company under
Certificate No. 260310 and covering the period from April
18, 1983, at 3:00 p.m. until August 30, 1989, at
2:30 p.m.;
3. Owner's Title Insurance Policy No. OPM 2259, dated June
24, 1983 at 12:30 P.M. and issued by Attorneys' Title
Insurance Fund in favor of W. Flagler Investment Corp.,
together with a partial Abstract of Title, certified by
Ticor Title Insurance Company under Certificate No.
260309 and covering the period from June 24, 1983, at
12:30 p.m. until August 30, 1989, at 2:30 p.m.;
4. Owner's Title Insurance Policy No. FL 001 04 13 12601,
dated January 4, 1985 at 1:06 P.M. and issued by Chicago
Title Insurance Company in favor of W. Flagler Investment
Corp., together with a partial Abstract of Title,
certified by Ticor Title Insurance Company under
Certificate No. 260312 and covering the period from
January 4, 1985, at 1:06 p.m. until August 30, 1989, at
2:30 p.m.;
5. Warranty Deed dated August 13, 1984 from Florida Power
& Light Company, as Grantor, to W. Flagler Investment
Corp., as Grantee, recorded in O.R. Book 12246 at Page
1117 in the Public Records of Dade County, Florida. A
complete abstract of the lands conveyed by the above
referenced deed is on order and this preliminary opinion
will be finalized upon receipt and review thereof.
6. A complete Abstract of Title, last certified by Ticor
Title Insurance Company under Certificate No. 260327,
dated September 7, 1989, at 2:30 p.m.
R9_91;9.
AGREEMEN-7 FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5
THE CODE OF THE CITY OF MIAMI, FLORIDA
WHEREAS, ALANDCO, Inc.
(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 confirmation by the Commission of said City, of
a certain proposed plat of a subdivision to be known as
ALANDCO, Section 1 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 date of the acceptance
and confirmation 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 premises, the Owner will construct, or cause to have constructed,
at �is own expense and in accordance with standard specifications of
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 year is
allowed for the completion of the aforementioned improvements, it is
Form PW #178 Rev 7/86
3 e ♦
AGREEMEN- FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5
THE CODE OF THE CITY OF MIAMI, FLORIDA
WHEREAS, ALANDCO, Inc.
(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 confirmation by the Commission of said City, of
a certain proposed plat of a subdivision to be known as
ALANDCo, section 1 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 date of the acceptance
and confirmation 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 premises, the Owner will construct, or cause to have constructed,
at �is own expense and in accordance with standard specifications of
said City, all improvements as are listed and described upon the
estimate of cost of said improvements, a copy whereof is attached
i
t
hereto as Exhibit "B" and made a part hereof. Although one year is
allowed for the completion of the aforementioned improvements, it is
Form PW #178 Rev 7/86
not in the public interest that such construction work, should be
prolonged to the extent that it would have a disorganizing 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 tenders to the City a Performance Bond duly executed
by the Owner and a surety company or companies authorized to do
business in the State of Florida, as surety, in the amount of
$ 1,180,000.00 which amount is not less than one hundred (100`/0)
percent of the estimated cost of the construction of the improve-
ments listed in the attached Exhibit "B", plus twenty-six (26%)
percent for engineering and contingent costs and damages, and upon
completion of the construction of said improvements and subsequent
to the submission by the Owner to 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, said Performance Bond shall be
released.
3. In the event the Owner shall fail or neglect.to fulfill his
obligations under this Agreement, the conditions of said Performance
Bond shall be such that the surety or sureties shall, within thirty
(30) days after receipt of written notice from the Director of the
Department of Public Works of said City of the failure or of the
neglect of the Owner to perform this Agreement, construct, or cause
to be constructed, the improvements set forth in Exhibit "B" hereof;
provided that if the Director of the Department of Public Works of
said City so elects, the Owner and the surety shall be jointly and
severally liable to pay to the City the sum estimated to construct
or complete the improvements set forth on said Exhibit "B", said
sum to be estimated by the Department of. Public Works of said City,
and shall pay to said City any engineering and contingent costs, and
Form PW #179 Rev 10/69
any damages direct or indirect, not to exceed twenty-six 26% percent
thereof, plus reasonable attorneys' fees which the City may sustain
on account of the failure of the Owner to carry out and execute all
of the provisions of this Agreement; provided further that the City
Commission of Miami, Florida, shall have the right to construct, or
cause to be constructed, after public advertisement and receipt of
bids, the improvements as provided for in said Agreement, and in the
event that the City Commission of Miami, Florida exercises such right,
the Owner and the surety shall be jointly and severally liable to pay
the City the final total costs of said improvements, together with
any engineering and contingent costs, and any damages direct or
indirect, not to exceed twenty-six (26%) thereof, plus reasonable
attorneys' fees, which the City may sustain on account of the failure
of the Owner to carry out and execute the provisions of this Agreement.
Said Performance Bond is attached hereto as Exhibit "C" and made a
part hereof by reference.
R9-91i9
IN WITNESS W11EREOF, the Owner has caused this Agreement to
be executed in triplicate this iith day of September ,
A.D., 1989
Signed, Sealed and Delivered
in the Presence of: Owner:
ATTEST:
Assist. Secretary
(Corporate Seal)
ATTE,STT:
/ 5ec77ary
rporate /Seal)
(SEAL/0
(S L)
(SEA )
(SEA )
(S L)
(SEAL)
ALANDCO, Inc.
Principal Corporation
President
a es. E. Hertz
-PyincipaV (Corpora
rest ee
Approved and accepted on behalf of the City of Miami, Florida,
this day ofA. D. , 194�v-
y•
B
r
�.-D.rector, Department of Public Works
i
i
1 - WITNESSES:
r
a
F
Form PU #178 Rev 8/77
r
0
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:
WITNESS J m s E. Hertz as Preside t
—� WITNESS
W ITN ESS Glenn R. Weller as Assist. Secretary
CORPORATE SEAL
WITNESS
STATE OF FLORIDA)
COUNTY OF DADE )
19 0I HEREBY CERTIFY that on this day of Z,-, A.D.,
, before me personally appeared
Wwll, e-Prs dF ALANDC'o -TWC
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 it Miami, County of Dade, and
State of Florida, the day and year last aforesaid.
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSIO4 EXP. FEB.25,1992
BONOLD 1HRU GENIERAI INS. UND.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
APPROVED:
,I) RE OR OF PUBLIC WORKS
This Instrument Prepared by
Department of Law
City of Miami, Florida
0
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:
WITNESS J m s E. Hertz as Preside t
—� WITNESS
W ITN ESS Glenn R. Weller as Assist. Secretary
CORPORATE SEAL
WITNESS
STATE OF FLORIDA)
COUNTY OF DADE )
19 0I HEREBY CERTIFY that on this day of Z,-, A.D.,
, before me personally appeared
Wwll, e-Prs dF ALANDC'o -TWC
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 it Miami, County of Dade, and
State of Florida, the day and year last aforesaid.
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSIO4 EXP. FEB.25,1992
BONOLD 1HRU GENIERAI INS. UND.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
APPROVED:
,I) RE OR OF PUBLIC WORKS
This Instrument Prepared by
Department of Law
City of Miami, Florida
EXHIBIT "R"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
ALANDCO, INC.
FOR IMPROVEMENTS AT
"ALANDCO SECTION ONE"
LOCATED ON S.W. 2 AVENUE AND S.W. 3 STREET
* * * * * * * * * * * * * * * *
* * * * *
*LANDSCAPING DESIGN
$
21,000.00
Transplant thirty palm trees. plant
30 new 11ahoaany trees (12' high -
7' spread).
REMOVE EXISTING SIDEWALK
$
8,300.00
Approximately 8,300 Square Feet
REMOVE EXISTING CURB AND GUTTER
$
3,500.00
Approximately 1,400 linear feet
NEW CONCRETE SIDEWALK
S
70,800.00
Construct approx. 14,400 square feet
and 5,280 square feet of brick pavers
NEW CONCRETE CURB AND GUTTER
$
10,200.00
Construct approx. 1,360 linear feet
BULKHEAD
$275,000.00
Approx. 550 linear feet of repair
NEW ASPHALTIC CONCRETE PAVEMENT
$ 36,570.00
Approx. 3,180 square yards
STORM SEWER STRUCTURES
$ 10,900.00
Install two Type "F-3" catch
basins;
Install 5' of 12" R.C.P. and
90' of
15" R.C.P. storm sewer;
Abandon one "F-3" catch basin
and
one sanitary sewer manhole;
Adjust one "F-3" catch basin;
Remove two "F-3" catch basins;
Plug 8" sanitary sewer.
RIVERWALK
$479,000.00
Construct 670 lin. ft. at 20'
wide;
Construct 220 1 i n. ft. at 20'
wide.
ESTIMATED COST OF IMPROVEMENTS $915,270.00
(10%) CONTINGENT $ 91,527.00
(179�) ENGINEERING AND INDIRECT COSTS $171,155.00
TOTAL $1,177,952.00
AMOUNT OF PERFORMANCE BOND $1,180,000.00
* Information concerninq the landscaping requirements shall be
obtained from the City of Miami Planning Department.
• • p/8 E hoiLt licit
pass 1 3
�
PERFOWNCX�MND
(EXHIBIT' C )
9TATg OF FLORIDA
OOV TY OF DAD o �
CITY OF MZAMI
KNOW ALL MEN by M89 PRESENTS! That we , Alandco Inc.
515 N Fla ler Drive Suite 10 IIeach, FL 33401
(hlrainditer referred to as the "principol") i And Sam ffeec„o Insurance ComganX
of America
♦ Surety Company authorivad to do busi.nall in tha state of r1orida, (heY!-
tnaf ter referred to at tho "Surety") are hold and firmly bound unto The City
of Mimi, Florida, thereinafter referred to as the "City") in the penal !um
of One Million One Hundred Fight} Thousand-- 00 Dollars (0 1 1 0.000.00 for
M■ �J�II�/r��ai�� �111 IA�"�P►1
the paymsnr of which we bind outsrives, our euoasesors And 'AlILP111 for
the E*Lthful perfomtnoe of a certain w rittan Agreement dated the =,7tt
day of S-e,ptembe:. , IV 8..�, tendered by the PNLI+aspaL to the
City for the aonstruotion of certain improvements as listed and desorLbed
upon the Eotimato of Cost attached to said Agreement as %XhibLt I'D"
therato, and any engineering and legal teas or contingent aom.t• and
damages, said improvsMonts ro. too aonetruoted in a certain subdivisia:n
known &N ALANDCO, Section One
• w M.�1 �� w.�r..� r�w��-�PI.F��Y��ml
a copy of which Said Agrbdmant is Lnoovpovitsd herein by reference and is
mad! ♦ part hereof as it fully Copied hlroino
NOW, TH9liMAE, THE CONDITIOH5 Of THIS OBLIOATION ARE SUCH
that, if tho FriootpaL shall in All respects ovmply With the terms and
conditions of said Agreement and shall in every respeot fulfill his /
obligations therounder, this $ond shall, be considerad complied wLtht
otherwi.de, it shall rRMALn in full force and effect. In the event that
the Principal shalll, rail or no$leat to fulfill such obligations t the
Surety covenants and alrsss that wLthi/n thirty (30) days of tek reoaLpt
-- of wrLtton -notias form the Di.roctot of the Aopartwant of 3101to Works
of the City of the Pri,nci.pal' • failura or neglect as aforesaid, the lu rsty
will construct or Cause to be constructed the improvements set forth it
said Agrsemento provided that, if the Director of the Department of fublLe
works of the City so al,aats , the Surety will ray to trio City the root
estimated to nonatruct or oomplets the icaprovements Net forth Ln said
I? 9-96;
p! 8 Exhi.l�lt "C"
�
Poll
OV( ° S
PAVORMANNOR NND
(EXHIBIT )
STAWS OF FLORIDA
OOV TY OIL Ida
f CITY 08 MIAMI
KNOW ALL MEN BY THESE fAESENT91 That we, Alandco Inc.
i 515 N Fla ler Drive Suit'e l.0 Heath, FL 33401
�t
(hereindter ref orrod to ao the "princip0l") I Safeco Insurance Company
of America
♦ Surety Company authorizb d to do buaLnass in the, State Of ylaxidas (horo-
tnoftar referred to so the "Surety") axe hsld and firmly Wund unto The City
of Miami, norida, thereinafter referred to as the "OLty") in the penal sum
of One Million One Hundred Eighty Thousand-- 00 p1,1$0.000.00 16ti
the payment of which we bind oursolvap, our su046610re and 60IL ns, for
the faithful performance of a cortAin wr4ttan Airsoment datOd the 7t; -
' day of September L! 8....,.....r tsndsrsd by the PAMLpal to the
Oity for the construotiun of oartain improvements as IiSted and described
upon tho Ratitmats of Cost attached to said Agreement as Exhibit "0"
thereto, and any engineering, and legal Lass or contingent con'te and
damagee, Said i,mprovsmente to. be aonstruoted in a certain subdivision
known as ALANDCO , Section One
a copy of Which said Adrbemant is innorpotated herein by rsfsrsnoe and is
made * part hereof as it fully oapied hOVIlint
NOWT TUMFOAS, THS CONDITIONA Oa THIS 08LIOATtON ARE BUCK
that, if the VrinoLpaL eha11 in all respects comply With the terms and
conditions of s4i.d Agreement and shall in every respsot fulfill his
obligations thereunder, this fond shall be considered complied wLthi
otherwise, it shall remain in lull force and effect, In the event that
the Principal shall fall or negitct to fulfill such obligation#, the
Burety covenants and agrees thot wLthin thLrby (30) days after freetipC
of writrNn 'nntiiaa form the Director of she AeptrtaNnb of publl,o works
of the City of the Principal's ftilure or nsglect as storesaLd, the Swrsty
wL11 construct or caue• to be constructed the improvements set forth it%
said A;xee+asnrj provided that, if the Director of the Dapartment of lublLo
worke of the city so elects, the 9ureby wLI1 pay to the City the sum
extioated to construct or complete the improvements set forth in said
RW-20- I Be MON 13110 1 Ul" LA4WU
Tel, �01305 375 09 N199 P63
page g o
Agralment, said cum to be oltimeted by the Popextment of public WOTWO
of the City, and will pay to the City any angineering and nontinSefit:
costa, and any damijam dive4t or indirecto not to exceed twenty six
(fdx) thsveot, plus reasonable attorneyO gags which the City may
sustain on &*count of the f&iiure of the principal to carry out and
execute all of the provisions of said Agroomentl provided further
that the My Commission of Miami, Florida, shall hove the right to
construct or cause to be constructed, after public adyertivomsht and
receipt of bids, the improvements as provided for in said Agreement,
and in the event that the City CowLesion of Miwmi, Florida, eu &Loss
such right, the Principal and the Surety shaU be jointly and •overally
liable thereunder to pay the City the final total come of said
improvetAsnte, together with any engineering and contingent coital and
any damages direct or indirect, not to exceed twionty-six (26%) thstaof
pave reasonable attorneys' .fees which the City may sustain on account:
of the failure of the frLnoipal to carry out and exea%tts the provision#
of said Agreomenrs
HUM.«-'UJ
01W
IU',NLI1I0W
U)I_A1-L
r H�JIa- e-'r de
11UIr
13,.10
I L s HLR '
-
• r
ILL qyb a f✓F]F�
ILL 1401305, 375 0947 cA g 199 F'id+4 «..,..•,•
e 1Khj s 11011
�(t0 a 1
xN WITN989 "MOYi the portise herato have caused this
Performance bond to be executed in tri,plinte this 7th dey of
September . p ---�.� ----- - A.D. 19,89 .
J
WtTNDB� Ri Prinotpal (xndiVLdual)
ATTIM
Assistant a M lr
(Corporate Osol)
ATTZlIT i
secretary
(Corporate Baal)
(BSAL�
(eaAL)
MAti)
RZAL)
(INAL)
ALANDCO, Inc.
o pit I I tuorpomunj
ray n
James E. Hertz
(surety OW) Safeco Insuran C a
AGORPTED BY WRITY this
7th day 0! Septegb".- 89 By
Karen R. Grant
APPROVID
,RM AND LZOALTTY 3300 PGA Blvd. Suite 350
Palm Beach Gardens, Fl. 33410
May Cep•
CLllii( j2"
0
SAFECO
KNOW ALL BY THESE PRESENTS:
POWER SAFECO INSURANCE COMPANY OF AML'RICA
OF ATTORNEY ' GENERAL INSURANCE COMPANY OF ANV:RICA
/ HOME OFFICE. SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No. 7678
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation, does each hereby appoint
--------------------KAREN R. GRANT; JOHN S. 11ELVILLE; THERESA RAFFA; K.R. SANDERS,
Palm Beach Gardens, Florida ----------------------------------------------------------
its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 28th day of August 19_$.3-_
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the
By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
- S974RIO3,86
this 7th day of September 19 89
PRINTED IN U S A.