HomeMy WebLinkAboutR-89-0528� "I
J-89--482
4/21/89
RESOLUTION NO.
N9-5"IN
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"ARIEL 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 EXECUTE 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 "ARIEL SUBDIVISION" is a
resubdivision of Lots 1, 2, 3 and 4, Block 1, Howard Heights ( Plat
Book 27, Page 22) in Section 6, 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
Hector R. Manso, postponing the immediate construction of curb and
gutter on N.W. 56 Avenue and N.W. 3 Street 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 covenant after plat has been recorded in the Public Records of
Dade County, Florida.
C.:l,.rY commISSIO!: ', I F
MEETING OF
JUN
SOLUTION No.`��'`,
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NARKS: j,
Section 3. 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.
Section 4. This resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED THIS 7th day of June r 1989•
AVIER L. Se
lJ REZ, AYOR
ATT T-
MAVrY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ADRIENNE L. FRIESNER
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
E L. FMPANDEZ
CITY ATT(UI�
- 2 -
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CITY OF MIAMI, FLORIDA CAw45
INTEROFFICE, MEMORANDUM
TO : Honorable Mayor and Members DATE : MF11 ii ��v9 FILE
of the City Commission
"ARIEL SUBDIVISION"
SUBJECT : Resolution Accepting
Proposed Record Plat
Located on N.W. 3 Street
FROM Cesar H. Odio REFERENCES; and N.W. 56 Avenue
%} City Manager Ij
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat "Ariel Subdivision" and approving
recording the same in the Public Records of Dade County, Florida.
BACKGROUND:
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 "Ariel Subdivision" is a
resubdivision of Lots 1, 2, 3 and 4, Block 1, Howard Heights (Plat
Book 27, Page 22) in Section 6, Township 54 South, Range 41 East,
City of Miami, Dade County, Florida. The area platted consists of
two (2) lots containing 0.28— of an acre. It is zoned RG-1/3.
Also attached are the following documents necessary for the City
Commission to consider in making their decision:
(1) Resolution accepting the Plat
(2) Engineering Report
(3) Print of proposed Record Plat
i
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THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
April 24, 1989
REPORT OF PROPOSED RECORD PLAT OF
"ARIEL SUBDIVISION" LOCATED ON
N.W. 3 STREET AND N.W. 56 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitlRIEL SUBDIVISION" was
prepared by Continental Land Surveyors, 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 Lots 1, 2, 3 and 4,
Block 1, Howard Heights (Plat Book 27, Page 22) in Section 6,
Township 54 South, Range 41 East, City of Miami, Dade County,
Florida. The area platted consists of two (2) lots containing
0.28± of an acre. It is zoned RG-1/3.
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 Jose A. Perez, Registered Land Surveyor,
this Plat complies with the plat filing laws of the State of
Florida.
4. The Certificate of Title Examination dated April 4, 1989
signed by Marco De La Cal, Attorney, indicates that the fee
simple title to the property platted is correctly vested in
Hector R. Manso, a married man individually, and the plat has
been correctly executed.
5. The area platted is not encumbered by mortgages.
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
April 24, 1989
REPORT OF PROPOSED RECORD PLAT OF
"ARIEL SUBDIVISION" LOCATED ON
N.W. 3 STREET AND N.W. 56 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled "ARIEL SUBDIVISION" was
prepared by Continental Land Surveyors, 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 Lots 1, 29 3 and 4,
Block 1, Howard Heights (Plat Book 27, Page 22) in Section 6,
Township 54 South, Range 41 East, City of Miami, Dade County,
Florida. The area platted consists of two (2) lots containing
0.28± of an acre. It is zoned RG-1/3.
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 Jose A. Perez, Registered Land Surveyor,
this Plat complies with the plat filing laws of the State of
Florida.
4. The Certificate of Title Examination dated April 4, 1989
signed by Marco De La Cal, Attorney, indicates that the fee
simple title to the property platted is correctly vested in
Hector R. Manso, a married man individually, and the plat has
been correctly executed.
5. The area platted is not encumbered by mortgages.
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6. In accordance with the requirements of Chapter 54, of The Code
of The City of Miami, Florida a Letter of Credit #SB-416 in
the amount of $7,000.00 has been executed by Hector R. Manso,
Principal, and Republic National Bank of Miami. This Letter
of Credit will accompany the Agreement between the City of
Miami, Florida and the Principal to guarantee the construction
of landscaping, new concrete sidewalk, storm sewer structures
and the removal of existing sidewalk at the property platted.
7. Since there is no curb and gutter on N.W. 56 Avenue and N.W. 3
Street 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.
$. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
REB: vh
i
ROBERT E. BARBANERA
CITY SURVEYOR
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METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING - SUBMISION 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, FLORIDA,
in compliance with its Ordinance No. 57-30, and as an inducement for acceptance of is proposed fimtl
subdivision plat covering the real property hereinafter described. It is hereby certified that I (wc) huvr
exernined the complete Abstract of Title completely covering the period from the BLGINNING to . ...
AprEl 4 A.D. 19 89 , at 8:00 A.M., inclusive, of the following described real property:
(Describe only realty to be subdivided)
Lot 1, 2, 3 and 4, in Block 1, of HOWARD HEIGHTS,
according to the Plat thereof, as recorded in Plat Book
27, at Page 22, of the Public Records of Dade County,
Florida.
Busing my (our) opinion on said complete abstract covering said period I (we) tun (tire) of
the opinion that on the last mentioned date the fee simple title to the above described real property was
vested in:
HECTOR R. MANSO, a married man individually
(Not his homestead)
111.0r1-11 — PA49 1
t
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.
S. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
NONE
FA
F
Therefore it is my (our) opinion that the following parties must join in the philting of the
above described real property in order to grant DADE COUNTY, FLORIDA, and the public, ,a good card
®_ proper title to the dedicated gas shown of the fin-t Plat of the aforedescribed property, the subda��asia•aa
thereof to be known as 1C1I +✓ t S t rr-1
SPECIAL EXCEPTION
NAME INTEREST NUMBER =
NONE
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 But.
Respectfully submitte Kis day
of 66
r +- 19 Al .
NAME;
MARCO DE LA CAL, P.A.
4100 N.W. 9th Street, Suite 100
ADDRESS
Miami, Florida 33126
f
111.06-11 - PA06
STATE OF FLORIDA
COUNTY OF DADE
A F F I D A V I T
} S.S.
BEFORE ME, the undersigned authority, personally appeared, ANDREA
MANSO, who after being duty sworn, deposes and states:
1. That Affiant is above the age of eighteen (18) years, under no
legal disabilities.
2. That Affiant is the wife of HECTOR R. MANSO.
3. That Affiant claims no interest in the following described real pro-
perty:
Lots 1, 2, 3 and 4, in Block 1, of HOWARD HEIGHTS,
according to the Plat thereof, as recorded in Plat Book
27, at Page 22, of the Public Records of Dade County,
Florida.
4. That the above described real property is not now and has never
been Affiant's hoemstead nor is it adjacent thereto.
FURTHER AFFIANT SAYETH NOT.
DREA MANSO
SWORN TO AND SUBSCRIBED before me on this day of April, i989.
7Qi
NOTARY PUBLIC
State of Florida at Large
Not r� EjqpMqt.Sop ,Ex-p'rrtes,:r;e
My Commission t::K;;lr2 J:.:i. 10 ? _
Bonded th;L1 A .nt's loot r Mo%erase
.c
AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5
THE CODE OF THE CITY OF MIrA.MI, FLORIDA
WHEREAS, _ r,R RECTOR R. MANSO
(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
ARIEL 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 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 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
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 reason-
able 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 Letter of Credit duly executed
by the (Bank) REPUBLIC NATIONAL BANK , in the amount
of $ 7000.00 , 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 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 Letter of Credit shall be released.
3. In the event the Owner shall fail or neglect to fulfill his
obligations under this Agreement, the conditions of said Letter of
Credit shall be such that the (Bank) REPUBLIC NATIONAL BANK
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, pay to the City a sum up to the aggregate amount of $ 7000.00
4. The City shall have the right to collect the sum estimated to
construct or complete the improvements set forth in Exhibit "B", said
sum to be estimated by the Department of Public Works of the City,
which shall include 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; 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, it shall have the
right to collect the final total costs of said improvements, together
with any engineering and contingent costs, and any damages direct
inairprt-_ not to exceed twenty-six (26%) percent thereof, plus
IN WITNESS WHEREOF, the Owner has caused this Agreement to
be executed in triplicate this 10 day of MARCH
A.D. , 19 89
Signed, Sealed and Delivered
in a Presence offs `?
ATTEST:
ciletary
(CVrporatq Seal)
ATT,EST :
ecrAtary
(�orporate Seal)
0
Own
(SEAL)
HECTOR R. MANSO (SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Approved and accepted on behalf of the City of Miami, Florida,
this !f. day of /�/G- A.D. , 19 �l
B7 __ _
• Director, Departmnt of Public Works
Lft
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to administer oaths
and take acknowledgments, MR. HECTOR R. MANSO
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that IiE
executed the same freely and voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at MIAMI
County of DADE and State of FLA .
this 10 day of MARCH A.D. 1989
My Commission Expires:
Notary Public, SteAc, of Floifda at Large
My Commi:;!J(jn E; ; i; _. Jan. 10, 1992
Aiviiucu c)iru r � ctTi.+ nVtaty t3tvJit(f�(
Form PW #236 Rev. 5/69
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EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
HECTOR R. MANSO
FOR IMPROVEMENTS AT
"ARIEL SUBDIVISION"
LOCATED ON N.W. 3 STREET AND N.W. 56 AVENUE
* * * * * * * * * * * * # * * * * * * *
*LANDSCAPE DESIGN $ 1,075.00
R Live Oak Trees
(12' high, 7' spread)
150 sq.ft. solid sod
REMOVAL OF EXISTING SIDEWALK $ 175.00
Approximately 175 Square Feet
NEW CONCRETE SIDEWALK $ 350.00
Approximately 175 Square Feet
STORM SEWER STRUCTURES $ 3,850.00
50' of 15" French Drain
2 Type "D" Catch Basins
ESTIMATED COST OF IMPROVEMENTS $ 5,450.00
(10%) CONTINGENT $ 545.00
(17%) ENGINEERING AND INDIRECT COSTS $ 1,019.15
TOTAL $ 79014.15
AMOUNT OF LETTER OF CREDIT $ 79000.00
*Information concerning the landscaping requirements shall
be obtained from the City of Miami Planning Department.
a
COVENANT TO RUN WITH THE LAND
W`iIEREAS, Mr.Hector R. Manso
(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
simile owner of a subdivision entitled ARIEL SUBDIVISION
Plat Book _ at Page
County, Florida; and
as recorded in
of the Public Records of Dade
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,
the following improvements within the area and/or on the streets
abutting said subdivision.
Postponing the constr„ctian of rib -gad gu4te and
N.W. 3 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
j CITY that he will at his own expense construct the aforementioned
F
improvements at such time in the future as he is notified by the
CITY that the aforementioned improvements are necessary or
desirable:
0
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 47()() N.W. 7 Street Suite # 214
1Iiami . Fla. 33126
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
j 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
specifically created, and said City Manager shall cause the
aforementioned improvements to be constructed at the expense of the
01,1NER and/or said fee simple oi�ner, and the amount of such cons -
traction cost shall be declared and extablished as a lien on the
property of such defaulting OWNER and enforced as any lien for
materials furnished and work and labor done, as provided under
the Statutes of Florida.
- 2 -
IN WITNESS WHEREOF the OWNER has caused this agreement
to be executed this 10 day of L,AkCx A.D., 19.R!2
Signed, Sealed and Delivered OUTNER
in the Pre once of
SEAL
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
AT EST:
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to administer oaths
and take acknowledgments, MR. HECTOR R. MANSO
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 MIAMI
County of FLORIDA DADE and State of FLA.
this 10 day of MARCH A.D. 198_.
Notary Public
My Commission Expires:
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CONTINENTAL LAND SURVEYORS INC.
201 MIAMI, FLORIDA
SUITE SW 57th AVE-j S
1700
33155 TEL. 2.62-1925
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