Loading...
HomeMy WebLinkAboutR-89-0635vo 6/ 14/8�9 J--89-62 " RESOLUTION NO. 99.... . r A RESOLUTION ACCEPTING THE PLAT ENTIT LED "TACOLCY GARDENS", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID y` PLAT IN THE PUBLIC RECORDS OF DADS COUNTY; PLORIDA. " WHEREAS, the City Department of Public Works recommends the acceptance of the plat Nb1,' THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF "MIAMI - FLIORIM7: Section 1. The plat entitled "TACOLCY GARDENS" is a replat of portions, of "Simpson Addition", according to the plat thereof, r as recorded in Plat Book 119, Page 90, of the Public Records of Dade County, Florida, all lying in Section 13, Township 53 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, y3 ; 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. i Section 2. The City Manager and City y Clerk are he vq authorized and directed to execute the plat and cause the same to 71 be recorded in the Public Records of Dade County, Florida. i 4 CITY COMMSSION11 XEETING 4 JUL 13 _1989 ' 89t" 63 RESOWTION .No. REMAR a z' �.t 6� ,3 { 1 1 5 S � THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS June 16, 1989 REPORT OF PROPOSED RECORD PLAT OF "TACOLCY GARDENS" LOCATED ON N-W. 7 AVENUE BETWEEN N.W. 58 STREET AND N.W. 60 STREET A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA 4 * * # * # 4 The accompanying Plat entitled "TACOLCY OAHDENS" was prepared by Crowder -Mahoney, Inc. It is in `correct form for submission to the City Commission and is forwarded with a recommendation that it be approved PERTINENT INFORMATION REGARDING THE PLAT: 1. The property plattedis'a replat of portions of "Simpson Addition", according to the plat thereof, as recorded in Plat Book 1190 Page 90, of the Public Records of Dade County, Florida, all lying in Section 13, Township 53 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of four (4) tracts containing 5.0± acres. It is ' h zoned CR-2/7, SPI-1 and RO-3/6. 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 Louis J. Lebron, Registered Land Surveyor,' this Plat complies with the plat filing laws of the State' of Florida. 4. The Certificate of Title Examination dated May 16, 1989s' signed by Ronald A. Kriss, Attorney, indicates that the fee simple title to the property platted is correctly vested in TEDC/Shell City, Inc., a Florida Corporation and ,Shell City Associates, Ltd., a Florida Limited Partnership, and'the plat has been correctly executed.x 5. The area platted is encumbered by mortgages . and ,the tolrtgage holders' have executed the Plat and joined in its dedIcatit�ris. _ .�._, S h Y i u _ ars„y.iSH q •-� � s &tom+ owl v> i KIM lr j + - SolTo sr '` N JORGE E. ALERS LILLIAN M. ARGILAGOS WILLIAM C. ARNHOLS ALCIDES 1. AVILA MARGARITA A. SARRETO JILL NEXON BERMAN RICHARD J. BISCHOFF THOMAS C. COBB WILLIAM C. CRENSHAW MONICA T. CRONIN MIRIAM CRUZ-BUSTILLO PAUL S. DWYER, JR, LINDA EBIN JONATHAN L. GAINES JEREMY J. HART JORGE L.HERNANDEZ-TORANO RONALD A. KRISS VALbes=FAUL1, COf3a, PP_TjgEY & 1319dHC)1rF PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELLORS SUITE 3400-ONE BISCAYNE TOWER LESLIE W. LANGSEIN 2 SOUTH BISCAYNE BOULEVARD THOMAS D. LUMPKIN, U RODERICK N. PETREY MIAM1, PLORIDA 33131-1897 RICARDO H. PIEDRA (30$) 376-6000 OLGA PAMiREZ-SEIJAS WILFREDO A. RODRIGUEZ TELEX 6811169 VALFA OSCAR A. SANCHEZ TELECOPIER (305) 376-6010 MARK J. SCHEER DIRECT DIAL: 376-6058 June 5, 1989 Metropolitan Dade County -Public Works Engineering -Subdivision Control 111 N.W. lst Street Suite 1420 Miami, Florida 33128-1970 OPINION OF TITLE Dear Sirs: JAMES D. SILVER JOSE E. SIRVEN ROBED? S. TURK PAUL J. VALOES-kAULI CLEMENTE L. VAZOUEZ-BELLO LEON J. WOLFE OF COUNSEL PAUL E. VALDES-PAULI RICHARD F. WOLFSON With the understanding that this opinion of title is furnished to DADE COUNTY, FLORIDA, in compliance with the Ordinance No. 57-30, and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described, it is hereby certified that I have examined (i) title insurance policy no. 96-00-004632 issued by Lawyers Title Insurance Corporation, dated November 30, 1988, (ii) title insurance policy no. 84-80-026729 issued by Lawyers Title Insurance Corporation, dated February 19, 1987,(iii) Ownership and Encumbrance Search prepared by Lawyers Title Insurance Corporation, dated May 23, 1989 and (iv) certified printouts of Attorneys Title Services, Inc., certified through May 16, 1989, at 7:00 p.m., of the following described real property: Tracts A and B of SIMPSON ADDITION, according to the Plat thereof, as recorded in Plat Book 119, at Page 90 of the Public Records of Dade County, Florida, less that portion of Tract A lying west of the following described line: a line 118.21 feet west and parallel to the City of Miami monument line for N.W. 6th Avenue as shown on said plat. Basing our period, we are the fee simple vested in: opinion on said title evidence covering, said tf of the opinion that on the last mentioned date, title to the above described real property was 1 %s 1° s� s ` y f 4 � 3 Oft e MottOPOI*tan Dade County May 26, 1089 Page 2 ms._to Tract A. less that the followin descr bed line Parallel to the Cit-v of Miam as shown on said plat: rtion of Tract A l a llne 118.21 fee tument line for N.W. TEDC/SHELL CITY, INC., a Florida Corporation As to Tract B: SHELL CITY Partnership West of 'Sr- and u ASSOCIATES, LTD., A Florida Limited Subject to the following encumbrances, liens and other exceptions (references being to the Public Records of Dade County, Florida): GENERAL EXCEPTIONS 1• All taxes for the year in which this opinion such taxes have been P is rendered, unless noted below that paid. ' s ofg Rights persons other than the above owner who o are in. k 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed b r authority. y governmental hi � SPECIAL EXCEPTIONS As to the West 220 feet of Tract B: S 6. Florida Mortgage from Shell City Southeast Bank, N.A. dated February 18, 1987, filedeFebruar to 1987, in Official Records Book 13184, Page 3770, assigned February 19, Equitable Life Assurance Society of the United States and The " ,or Foundation b 9 ed to The; Au ust .25 y an Assignment dated August 11 g 1988, in Official Records Book 13800, Page8816 4,las amended by instrument filed 'August in 25, 1988 Off Book 13800, Page 1166. iciAl ke cords t _. is 89--635 3 iS * 4 f 1 i 7. '. .-'-: :� ..si 1 t � �'F x sir � '�€r 7�J:� x '} - t^ r't ,;`�• �£%a' _ t � metropolitan Dade County May 260 1989 Rage 3, 7. UCC-1 from Shell City Associates, Ltd. to Bank, N.A., filed February i9, 1987, in Official RecordstBookt 13184i Page 3787; and assigned by UCC-3 to The Equitable Life Assurance Society of the united States and The Ford Foundation filed in Official Records Book 13800, Page 1169. 8. Assignment of Leases, Rents and Profits from Shell City Associates, Ltd. to Southeast Bank, N.A., dated February 18, 1987, filed February 18, 1987, in Official Records Book 13184, Page 3792. i c.---9• Mortgage from Shell City Associates, Ltd. to. Dade Count Florida_, dated February 18, 1987, filed February 18; fin fical Records Book 13184, Page 3798. 1987; j 10. UCC--1 from Shell City Associates, Ltd. to Dade Count Florida, dated February 18, 1987, filed February 19, 1987, in Official Records Book 13184, Page 3821. 11. Affidavit filed February 19, 1987 in Official Records Hook 13184o Page 3824. t� f 12. Right -of -Way Easement from Shell City Associates, Ltd. to Southern Bell Telephone & Telegraph Co. dated August 27, 1987, filed March 16, 1988 in Official Records Book 13608, Page 2857. # 13. Right of Reverter in favor of Dade County set forth in the County Deed recorded in Official Records Book 13184, Page 3760. As to Tract B, Less the West 220 feet: c 14. Memorandum of Lease between Shell City Associates, Ltd. and Edison Gardens, Ltd., dated November 29, 198 and filed November 30, 1988, in Official Records Book 13910, Page 812. 15. Mortgage from Edison Gardens, Ltd. to Southeast Bank, N.A. �-'"_dated November 29, 1988, filed November 30, 1988 in Official Reocrds Book 13910, Page 814. 16. Assignment of Leases, Rents and Profits from Edison Gardens, Ltd. to Southeast Bank N.A. dated r 11 November 30, 1988, in Official Records Bookm13910er 29Pa 1e882 filed g 1. 17. Mortgage and Security Agreement and Assignment of Leases, Rents and Profits from Edison Gardens, Ltd. City Associates, Ltd.) to Dade County, Florida a datednd j1ned 1988, �# ' N vemberh29, filed November 30, 1988 in Official Records Book 13910, Page 826. r } k.?a C� w Metropolitan Dade County May 26, 1089 Page 4 a, 18. UCC-1 from Edison Gardens, Ltd. to Dade County, filed on �1 November 30, 1988 in Official Records Book 13910, Page 856. r 19• UCC-1 from Edison Gardens, Ltd. to Southeast filed on November 30, 1988 in official Records Book 139101, Page 859. 20. Restrictions contained in County Deed recorded November 30, 1988 in Official Records Book 13910, Page 803. 21. Restrictions and Easements shown on Plat recorded in Plat Book 119, Page 90. 22. Easements granted to Southern Bell recorded in Official Records Book 13608, Page 2857. As to Tract A; less that Portion of Tract A 1 * ing west of the ollowin escri a51 line: a line 118.21 feet west an parallel to the City of Miami monument line or N.W. 61 as shown onsai lat• Avenue 23. Restrictions and Easements shown on Plat recorded in Plat Book 119, Page 90. Therefore, it is our opinion that the following parties must join in the platting of the above described real property in a. 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 afore -described property, the subdivision thereof to be known T. as TACOLCY GARDENS: NAME 1. The Equitable Life Assurance Society of the United States 2. The Ford Foundation 3. Dade County, Florida 4. Southeast Bank, N.A. SPECIAL EXCEPTION INTEREST NUMBER Mortgagee 6 7 Mortgagee 6 7 Mortgagee 9, 10, 17, 18 } Mortgagee 15, 16, 19 � � 5 Oft �--My & '{ 3S 3 .+4 Metropolitan Dade County r j May 26, 1989 Page 5 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 mood standing of The Florida Bar. Respectfully submitted, Ronald A. Kriss RAK/soc (RAK)TEDC-LTMD AGREaiENT 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 W 4EREAS , _ SHELL CITY ASSC1CIAfiES, _LTD . y h" (hereinafter referred to as the "Owner"), Concurrently with the 4 delivery of this Agreement, has applied to THE .CITYY OF MIAMIj 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 z, Tacolcy Gardens a copy of which proposed .0 plat is attached hereto and made a part hereof as Exhibit "A"; and iL t 3 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 his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon theoi estimate of cost of said improvements, a copy whereof is attached s hereto as Exhibit "B" and made a part hereof. Although one year is` allowed for the completion of the aforementioned improvements, it is s. J rs r}{ dorm PW #178 Rev 7/86 ���' k t y -a; .FS�4��1 _. � v��'�C��a"xJ. i a ... .. ... _ A, .Xms" v .. .- _ .., _. . . ..�• ..isi i) ,. .. fi"«r r. .n�,�� Y� � ':S l �'5 ,t:�, � 3 not in the public interest that such construction work should be prolonged to the extent that it would have a disorganzing 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. � t 20 In accordance with the provisions of said Chapter 54, Seetion 54-30 and Chapter 54.5, THE CODE OF THE CITY OF MIAM2, FLORtDA, the Owner herewith deposits with the City a Cashier's Check in the Mount } of $ 1.600.00 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 "B", 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 submitted to the City of Miami Department of Public Works a letter i from a Registered Land Surveyor certifying that the 'Permanent Reference Monuments indicated on the Plat have been installed and properly placed, the amount.of said check shall be returned to the Owner; otherwise,>in i the event of the failure or neglect of the Owner to perform 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's fees in the event of the Owner's default. t; t.. s , S Yy� Fob► PW#178 Rev 6/86" ' 3i — 4 e: f - LYh�''r .-k .... 5. ON IN WITNESS Vnj9pE0p, the Owner has caused this Agreement to be executed in triplicate this A.D. 19 di.. Signed, Sealed and Delivered in the presence of ATTEST S re tar Princip Corpora on (Corpo ate eal) Preside t Approved and accepted on behalf of the City of Miami, Florida, 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 oft STATE OF FLORIDA) COUNTY OF DADE ) I HEREBY CERTIFY that on this day of ;rUA`.D. ^, 19a. before me personally appeared �� L��trs /�S 4%►�6s r A�Yi ©�' � � R DG>UEG.OP/Y1�1'fT GDQ.pD24�Tt8h1 �7z=�� F � it -AL f�itzr�FR ShFLL. � - AF C/T'/ / OC-T 5 L.Tb. a corporation un the laws of the State of Florida, to me known to E be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, the day and year last aforesaid. Notary Public. State of Ronda My Commission Expues Dec. 17, 1"0Ali ` A"d•d Thru Troy fsia • Insurance Inc. un MY COMMISSION EXPIRES: v N B STATE OF FL RIDA.AT LARGE ' r APPROVED: Y AI TO OF P wows ti 4 T Y�r Th ent zcep"ai c t EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and SHELL CITY ASSOCIATES, LTD. J .; FOR IMPROVEMENTS AT "TACOLCY GARDENS" LOCATED ON N.W. 'i AVE. BETWEEN N.W. 58 ST, AND N.W. 60 ST. i � t y #LANDSCAPING DESIGN 19200.00 Four Mahogan3 trees (14' xl6' high with ten -foot 8pr6ad) 5 t. s is ESTIMATED COST OF IMPROVEMENTS $ 10200.00 (10%) CONTINGENT $ 120.00 (17%) ENGINEERING AND INDIRECT COSTS $ 224,0 TOTAL $ 1,544.40 AMOUNT OF CASHIER'S CHECK $ 1,600.00 ,3 X 1 Information conGe�^nirig `the landscapingequiemarts shall ka q J obtained fromcity,the of ngmi Planning Ds arttneni.• 4 f alei