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HomeMy WebLinkAboutR-89-0636RESOLUTION NO.`"'ai A RESOLUTION ACCEPTING THE PLAT ENTITLED "NORTON ESTATES", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. �J WHEREAS, the City Department of Public Works recommends the accepta'noe of the plat; t NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,'FLORIDA: 5 t Section 1. The plat entitled "NORTON ESTATES" is a resubdivision of a portion of Lot 20, "Estate of ,John_ T. Peacock", s according to the plat thereof, as recorded in Plat Book 2, Page 12, of the Public Records of Dade County, Florida, in Section 15, k.. Township 54 South, Range 41 East, City of Miami, Dade County, Florida, which subject plat by reference is made a part hereof as - rr if fully incorporated herein and which plat, together with the } dedications shown thereon, and the dedications to the perpetual use k' 4 of the public of all existing and future planting, trees and _ shrubbery on said property, is hereby accepted and confirmed by the i City of Miami, Florida. F - Section 2. The Covenant To Run With The Land executed by Edward W. D. Norton, postponing the immediate construction of full - width street improvements, (sidewalk, curb, gutter, pavement and drainage), on South Bayshore Drive and Emathla Street, until such time as required by the Department of Public Works of the City of i Miami is hereby accepted and the proper officials are directed to record said covenant after plat has been recorded in the Public Records of Dade County, Florida. C,ITY'GG1SIO�T - MEETING OF _ 1 .. RESOLUTION PIo. 8 —6,36 REMARKS, _ _; Section The City Manager and authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Dade County, Florida. Section 4 This resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED THIS 13th day of ATT T 'MATTHIRAI., CITY CLERK Julv 1989. PREPARED AND.APPROVED BY.: APPROVED AS TO FORM AND CORRECTNESS: "NORTON ESTATES" LOCATED ON EMATHLA STREET AND SOUTH BAYSHORE DRIVE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "NORTON ESTATES" was prepared by Schwebke-Shiskin & Associates, Inc. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: 1 The property platted is a resubdivision of a portion of Lot 209 "Estate of John T. Peacock", according to the plat thereof, as recordd in Plat Book 2, Page 12, of the Public Records of Dade County, Florida, Section- 15, Township 54 South, Range 41 East, City .of Miami, Dade County, Florida. The area platted consists of two (2) lots containing 0.65±, T of an acre. It is zoned RS-1.1/1-SPI-3 overlay. 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 Robert F. Jackson, Registered Land rf Surveyor, this Plat complies with the plat filing laws of the State of Florida. 4. The Certificate of Title Examination dated May' 180 19899 signed by Patricia K. Fletcher, Attorney, indicates that the fee simple title to the property platted is correctly vested in Edward W. D. Norton, a single man, and the plat has been r correctly executed. 5. The area platted is not encumbered by mortgages. s z c 4f e: f 1., lR� June 16, 1989 -- - - - "P , , - - - - - - - TO: 0 XMOPOtIT" bAbs OO I[ - PUBLIC WORKS a katwo - a DIVINION COMOt OPINION or 'rI'fLE DADS COUNTY, a political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to DADE COUNTY, FLORIDA, in compliance with its Ordinance No. 57-30, and an an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined Attorneys' Title Insurance Fund, Inc. owner's Title Insurance Policy OPM-157392 dated January 19, 1989 at 7:00 p.m.; and, Attorneys' Title Services, Inc.'s computer printout certified from January 19, 1989 at 7:00 P.M. through May 18, 1989, at 7:00 p.m., inclusive, of the following described real property: All that portion of Lot 20, lying Northwesterly of the right-of-way for SOUTH BAY SHORE DRIVE, less the Northwesterly 420 feet thereof, ESTATE OF JOHN T. PEACOCK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page 12, of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Lot 20, and run thence Southeasterly along the Eastern line of said Lot 20 for a distance of 420 feet to a point of beginning: run thence southeasterly along the Eastern lot line of said Lot 20 for a distance of 300 feet more or less to South Bayshore Drive; run thence Southwesterly along said South Bayshore Drive 100 feet more or less to the Western line of said Lot 20; run thence Northerly along the Western lot line of said Lot 20 a distance of 300 feet more or less to a point 420 feet from the Northwest corner of said Lot 20; and thence run Easterly parallel to the Northerly lot line of said Lot 20 approximately 100 feet to the point of beginning. Also known as: That Dr. Edward W.D. Norton has caused to be made the attached Plat of "'Norton EstatesM, the same being a resubdivision of a portion of Lot 20, "'Estate of John T. Peacock"', according to the plat thereof, as recorded in Plat Book 2 at Page 12, of the Public Records of Dade County, Florida, lying northerly of South Bayshore Drive, being more particularly described as follows: Commence at the northeast corner of said Lot 20 and A E . curve to the left, having a radius of 1,035.61 feet and a central angle of 2°57t44* for an are distance _ bf 100.07 feet to the southwesterly corner of said lot 20 (said last course being coincident with the ,-_ ' northwesterly right-of-way line of South Bayshore Drive), run thence N.34600+00*W. (northerly by deed) alone the westerly lot line of said lot 20 a distance of 297.73 feet (300.0 feet more or less by deed) to a point 420.00 feet from the northwest corner of said lot 20, run thence N.56600#00*E. (easterly by deed) parallel to the north line of said lot 20 for a distance of 100.00 feet (approximately 100.0 feet by deed) to the point of beginning, lying in the southeast 1/4 of Section 15, Township 54 south, range 41 east, Dade County, Florida. p t1 3- Basing our opinion on said title policy and title search update, covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: EDWARD W.D. NORTON, a single man. z: 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 owner who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics' or materialmens, liens. � 3 if ii Proper title to the dedicated areas shown oh the final Flat of the aforedescribed property] the subdivision thereof to be known Y' as NORTON ESTATES. a ti. i tit a t m NAME INTEREST TENTATIVE PLAT NUMBER $' Edward N.D. Norton Fee Simple owner 1333 _ the undersi ed forth of � , er cer y that I an an attorney - at -law duly admitted to practice in the State of Florida, and at 3 a member in good standing of the Florida Bar. # Respectfully submitted this err' day of - - • 1989' WELL GOT , SHAL & MANGES 701 Brickell Avenue Suite 2100 Miami, Florida 33131" =r 8 q, 2093/Misc/14-13 <,, LL _ . 4P :a'1✓.. COVt ,fif3...�ttJN..WITH THE LAND WtIEiIEAS, Edward W. D,_.N0rtML (hereinafter referred to as "the Owner" or "he" irrespective of number, and meaning either actual gender?heirs, singular or plural and includi assigns and successors in interest thereof, where the context so requires or admits) is the present fee simple owner of a subdivision entitled Norton Estates 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 OWNER to construct or cause to be constructed at no expense to the CITY, 1 the following improvements within the area and/or on the streets, abutting said subdivision. a Full width street improvements (sidewalk, curb, gutter, pavement and. drainage) y on Bayshore Drive and Bmthla Street. 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 improvements at such time in z, the future as.he i:s,noi4Z!ed.by the -1, ..CITY,that-the"aforementioned improvements are necessexy or; t �gsirable !l.1 z 4 Ott: Q r ' {{4 � z S6fYxS�� j (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 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 041NER to 4 construct or cause to be constructed at no expense to the CITY, the following improvements within the area and/or on the streets abutting said subdivision. Full width street improvements (sidewalk, curb, cfutter, pavement and drainage) on Ba shore Drive and Emathla Street. 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 } -' improvements at such time in the future as he Va*.not;l ied.by .the CITY tY;at-the aforementioned improvements ara neceseAry ox -desirable,. i Ay r W '3fb Y 3_ I dy Y ,tk,.$• f f --- -- i r, NOV, THMP'ORE, 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 -war 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 OWt1ER, at 2121 south Bayshore Drive, Miami, Florida 331336 z' It is expressly agreed that this obligation shall be binding N 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 Director of the Department of Public Works of The City of Miami, Florida, then the City Manager of The City of Miami, Florida shall act as agent of the OWNER of anY fee simple owner of any lot or parcel described in said written notice, which agency is hereby I the OWNER has caused this agreement y Of _ May A. b, , 1989 d OWNER L) Ws No o APPROVED: partment o is Wor s THIS INSTRUMENT WAS PREPARED BY: APPROVED AS TO FORM AND LEGALITY: , ..: rz r= * t r ' , �' + F 5 __ r 3 _ .u$ ._ .. _ .. ,. i, .... a .� .u�f?•f rney���. _ STATE OF FLURIDA) COUNTY OF DADE SS I HERE$Y CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Edward W. D. Norton to me well known to be the person(s) described herein and who executed ' the foregoing instrument, and acknowledged before me that he -�� executed the same freely and voluntarily for the purpose therein expressed. _$ WITNESS my hand and official seal at Dade County of Miami and State of Florida this day of May q A.D. 1989 sal, — Notary Public ° My Commission Expires: fSeal] b1.>af.� i771� �'..V�J'ilh+r 1l9M. VliW t..;i 1 �t pW find, i II