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HomeMy WebLinkAboutR-89-0395ail J-89-390 4/14/89 RESOLUTION NO. A RESOLUTION ACCEPTING THE PLAT ENTITLED "HORTA SUBDIVISION". A SUBDIVISION IP( THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SH011fN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN KITH THE LAND POSTPONING THE Iti14EDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REOUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT A14D 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 "HORTA SUBDIVISION" is a resubdivision of portions of Lots 7 and 10 and all of Lots 8 and 9, Block 9, "Amended Plat of Miami Suburban Acres" Plat Book 4, Page 73 Section 16, 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 Jose Horta and Francisco L. Gonzalez, postponing the immediate construction of full -width streets improvements (curb A gutter, pavement and drainage) on S.W. 23 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. CITY COMMISSION MEETING OF APR 27 1959 ) � SOLUTION No. � ---9.1 RKS: 1 n METROPOLITAN RARE G NTY} FLORIDA :,, -DER E C in Mal - METRO-DADE CENTER _ = PURUC WORKS DEPARTMENT SUITE 1610 -. i 'i' 111 N.W. 1st STREET MIAMI, FLORIDA 33128.1970 ff WPM August 3, 1989 —i Matty Hirai -; City of Miami l.. City Clerk i City of Miami Building 3500 Pam American Drive Miami, Fl 33133 =- Dear Ms. Mirai:SK _- _ This is to advise you that the following listed recorded in the Public Records of Dade plats were ME County, Florida: _ - Lavigene Estates on June 9, 1989 in Plat Book 136 Page 73. Horta Subdivision on June 29, 1989 in Plat Book 136 Page 85. Respectfully yours, Russell C. Kelly, chairman Plat Committee RCK:al �s {' 1 - fi k ;f �r; i Equal opportunity/Handicap Employer/Serv/ceS ON taw f � Vk g9--36j" r- 9 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM To: Honorable Mayor and Members DATE. APR 16 1989 FILE: of the City Commission SUBJECT: "HORTA SUBDIVISION" Resolution Accepting Proposed Record Plat Located on S.W. FROM : Y REFERENCES :3 Street West of S. W. 32 r Avenue �C e s a r H. O d ENCLOSURES: City Manager RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat "Horta 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 "HORTA SUBDIVISION" is a resubdivision of portions of Lots 7 and 10 and all of Lots 8 and 9, Block 9, "Amended Flat of Miami Suburban Acres" Plat Book 4, Page 73 Section 16, Tay-,nshij) 54 South, Range 41 East, City of Miami, Davie County, Florida. The area platted consists of three (3) lots containing 0.52+ of At', acre It; is zoned illy-1/3. Also attached are the fol 1 owi no 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 —* THE CITY OF 'iIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS March 31, 1.9S9 REPORT OF PRopOSED RECORD PLAT OF ,HORTA SUBDIVISION" LOCATED ON S.W. 23 STREET WEST MIAMI, FLORIOAUE A SUBDIVISION IN THE CITY OF * * * * * * * * * * * * * * * * * * was The accompanying Plat entitled "HORTA SUBDIVISION Y for b Wilson De La Torre. It is in correct form prepared ommission and is forwarded with a submission to the City C recommendation that it be approved. LAT: PERTINENT INFORMATION REGARDING THE P 1, The property platted is a resubdi vi si on of portions of lots Block 9, "Amended Plat of 7 and 10 and all of Lots 8 and 9' Miami Suburban Acres" 4 Page 73 Section 16, Plat Book of Miami, Dade Township 54 South, Range 41 East, City ida. The area platted consists of three (3) County, F1 or re. It is zoned RG-1/'1' lot s containing 0.52+ of an acthe 2. The location of the streets and the widths conf orrn with of stand ards of the Department of Public Works of the City Miami, Florida. Wilson De La Torre Registered Land 3. As certified to by with the plat filing Laws of Surveyor, this Plat complies the State of Florida. 27, The Certificate of Title Examination dated February s that 4• indicate 1989, signed by Ileana il. Garcia, Attorney, arty platted ;s correctly the fee simple title to the property vested in Jose R. Horta and Francisco L. Gonzalez and the Plat has been correctly executed. 5. The area platted is not encumbered by mortgages. 89-395 W THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS March 31, 19H9 REPORT OF PROPOSED RECORD PLAT OF "HORTA SUBDIVISION" LOCATED ON S.W. 23 STREET WEST OF S.W. 32 AVENUE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "HORTA SUBDIVISION" was ' prepared by Wilson De LaTorre. 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: i 1. The property platted is a resubdi vi si on of portions of Lots 7 and 10 and all of Lots 8 and 9, Block 9, "Amended Plat of j Miami Suburban Acres" Plat Book 4, Page 73 Section 16, Township 54 South, Range 41 East, City of Miami, Dade —1 County, Florida. The area platted consists of three (3) -` lots containing 0.52+ 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. s� 3. As certified to by Wilson De La Torre Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 41. The Certificate of Title Examination dated February 27, 1989, signed by Ileana M. Garcia, Attorney, indicates that the fee simple title to the property platted is correctly vested in Jose R. Horta and Francisco L. Gonzalez and the _ Plat has been correctly executed. ES S. The area platted is not encumbered by mortgages. In accordance with the requirements of Chapter 54, of The Code of The City of Miami, Floe da a Letter of Credit #372575 in the amount of $15,1.00 has been executed by Jose R. Horta h Francisco Gonzalez Principals and Barnett Bank of South Florida, N.A. This Letter of Credit will accompany the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of Landscape Design, new concrete sidewalk, asphaltic concrete pavement, sanitary sewer structures and the removal of concrete sidewalk at the property platted. 7. Since there is no full -width street improvements (curb and gutter, pavement and drainage) on S.W. 23 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. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. a;.; 8` - 3 I .......... A 4 ME Ph. 4� C174 WE IMF lam r7=- L OT ........... RDA, 41 �mm mmm"M P- -7M" �7- I ip 7dORTA SUBDIVISION A UWH IVIC310M OF VHTION6 OF LOTS I AKJ9 10 AMU ALL OF LOT5 (6 AN9 9 ) BLOCK 9 ) 11 AMENIVE9 FLAT OF MJI�Mj UBUV�BAN RCY)E(3 it 7.5. 4-1 Y G - -13 SECTION l[o TWF. 54- S RGE. 4-1 E CITY OF MIAMI It VA9E COUNTY FLONPA FP%EPAREV BY, Wil C,%I)KI np I A TnR;tr: UKV VO 95 •- ?L AN NER� ENGINEEB;-ci 2921 W nth U. MIAMI FLORIDA BLOCK Jr .OT 12 LOT 13 23 Yd PC?Pad CITY MOAT. LINES ur N 990 59'3(q"W 150.00, U'l 090 5T 3CD"W 150.00 LOT 14 f. rn PC F Z2 -352 005, C=l R9-395- M PC P 352.85 orel 09 0 _Lij i � 7 j r<" r y R C 5TNTEK- TV ALL41 tND1�f IDU ALA , NAYS C IiUrlED TO gUgDlVlra{QN QF FO TRACT OF L LEGAL �-VTI THE E5T 117 OF LDT i PLAT OF mim 1305UR13'AA1 ACRE THE V050C IiECQRDfa OF UM nvv COUMT P T NAT THE c,TEET AG GIRO% SHRUFiBEF,Y ANO FIEZE k1Y0RANT� RP05E� FU, RE�at=F, T NUEDO pf PAY YNHENEVEVi 015CQN TNAT ALL NC\,N ELECTFi1CwL SHALL M INSTRLLED UNDE M Al THAT THE USE IN pCCDR FOYi TEMP ORAR`I U5E l _ THAT INDIVIDUAL WELD SPP,INISLEF� 5Y59EM AN© PLAT BE THAT THE UTILIT`� EASE CEP�TA{N LOTS ARE RESERVED m w IT N ErbNlf HEREUNTO G5ET THE1P1 HAND�i W1T %55E5 5 i F nc V LfartivM 0� UP"VE HEREFay CCRTI r Y I` ADMINISTER DAZN5 At -JD TA1`;' TO ME WELL AND AC�,EJ0�1 LED6�D T44C THE USES AND FU1?�PD�E� UTMC. cj MN I4AN0 M`1 COMM15510N E`l S9-39,S- I DAINER'(� 5TNTEMENT KNOW ALL MEN BY THBE FRE15ENT5 THAT J05E R. HORTA ANP Fn� INDIVIDUALS, IAAYE CAUSED TO BE MADE THE rkTTI\CP?g PLAT ENTITLED "HOTA ()L 5136VIVIGION OF R TRACT OF LAND VEKtiIBEV Ar) VOLLO\,N(-,3-. LEGAL PEC)CRIFTION THE W115T 1/2 OF LOT 1, ALL OF LDT5 'B AND 9 ANV TfIE EAST 112 OF L01 PLAT OF MIAMI '505URBAM ACRES, NCC0Fi9ING To TIRE PLAT THEREOF, Aci REC(3R-k)[-!P V THE FL35LIC BECOR95 OF 9A9E COUNTY, FLORkVA. 'DAVE CDUMT� PLAT KHTRICTIDV3 THAT THE CiTREET AS C3ROWN ON THE ATTACHED FLAT, TOGETHER WITH ALL EXffi 9"VWbUfW AND FIRE HYDRAMTri THEREON ARE HEREBY DEDICATED 10 THE FERFETUAL U ?UK?05E(n, ?0�EV41MG TO THE 9(1-91CATOf,, T"EIF) 5UCCE660R5 OR A5916w5, THE I%EVEF WHENEVER V15CaN7INUEV BY LAW. THAT ALL NEW ELECTRIC AND COMMUNICATION LINES, OTHER THAN TRAM5MI5C31DN5 SHALL 5E INSTALLED VNVERGRDUNV. THAT THE Ur3E OF ;[V'TIC- TANK; NVtL L NOT BE nhMITTEV WITHIN THlq FO?i TEMPORARY USE, IN ALCDRVAMCE WITH COUNTY AK)V/DF) STATE I`i`E:G(JLATIDNrs. THAT INDIVIDUAL WELLS SHALL NOT BE PERMITTED WITHIN TH15 ')UB9IVIqIO, SPRINKLER 9\l5TEM5 ANV/OR AIR CDNVITIGMERS. -DWMEF%"PLAT Mr)"TRICTIONS THAT THE UTILITY EASEMENT h5 c3VADWN FN VACiVIEV LINES AT THE REAR c CERTAIN LOTS ARE ?IE91E7\VCID FOR, THE INSTALLATION AND MAINTENANCE OF ?VbLl IN WITNU3C3 WERE Of: : JOroE. k 1AGUA AND 1PKANCt5CO L . GONZ- HEREUNTO 5ET THEIR HANDS AND UAL Tg15 13 lVA\j OF WIT NE,55lEq I bli Pay v" t A C YN t C.DUNT'l OP VkVE I "BEE)Y CFRTIV` THAT ON TH15 DRY FeR50NAL0 A??ENV\E9 51FORE I'm {,,IDMIMIc3TER OAl"5 AND TAV4E ACKMGVJLEVGEMEMl, 8GqE R. HB?iTA AW) FhAM6c-i( TO ME WELL 'AMOV' N TO BE THE VERC36MC3 1AE.?iE.IN VE50)116'P-V AMU WHO c)IC :3toE v RMV ACY-iMOWLE9GE9 TkE 11\4ECU716M THEREOF TO bl- TREkV'\ FREF- ACT AND VEIE THE U5E.5 AND VlJhPOC3E� T"EREtN MEMTIDME9 AND HAVE REFIF-Ut\JTG CIET THEliz, WITNEr-ici ' My NAND AND OFFICIAL SEAL TH15 13 't 6 L?A\l OF M`I COIVIMI5C30N EYVII)EC) 4- It / Ile I f N9-39SP. BOOK O M-0 � '-r -TAP MN KOALL kAM BY THBE F R E5 FE N T(3 THAT .105E R. NORTA ANV f5ANC15CO L. C NZALEZ � A5 g V'141 V 1,1AL 5 r I AYE, 010112 D 10 6E MADE THE ATTAC49 FLAT ENTITLED "HOFiTA 5UBVIV1(510N THE ISAME BEING A t0= OF A TRACT OF LANV VEraC5115C1) Ar) F0LL014(3. LEGAL ITION T1.1E WEST 1/2 OF LOT `I, ALL OF LDTS B ANV 9 ANV THE EAl;T 112 OF LOT 101 IN BLOCi� 9, OF AMENIPEP FLAT OF MIA 15013UROAM ACRES) ACCOP,VING; TO THE PLAT THEREOF, A5 REC(3FiDEV IN PLAT 30015 �-, AT PACE ` ; OF THE FOFSLIC RECOR95 OF RAVE COUNTY, FLORWA. A E COUNTS PLAT KEC3TRICTIONE I -MA T THE r3TREET AG SHD\IN ON THE ATIACHE9 PLAT, TOGETHER WITH ALL EXISTING AND FUTURE PLANTING, TREES, 9HRUBBEKY AMU FIRE HVlRAMTS THEREON ARE HEIiEB`! 17EDICATE9 TO THE PERPETUAL UGE OF THE PUBLIC F01) FROVER FURFOCK-6, RESEP,VING TO THE DEDICATOR, THE1P, 5UC1E550R5 OR A55IGNS, THE I'EVERSION OR REVER510NCa 14IEREOF, WHENEVER 915C.ONTINUEO By LAW, THAT ALL NEW ELECTRIC AMU COMMUNICATION LINES, OTHER THAN TRANSMISSIONS LINES, WITHIN TH15 SUBDIVI5I0N BNALL 3E INSTALLED UNDERGROUND. THAT THE USE OF SEPTIC_ TANYq WILL NOT BE PChMITTED WIT9IN THIti 5U3DIVI5tON UNLE55 APPROVED 'FOF, TEMP01'iARV USE, 1N ACCORDANCE 141TR COUNTY AND/DV) STATE P,EGUL ATIDNS. THAT INDIVIDUAL WELLS SHALL NOT BE YEP,MITTED WITHIN T919 SUBDIVISION EXCEPT FOR SWIMMING POOLS URINKLER 'SYSTEMS AND OR AIR CONDITIONERS. OWNEF\'S PLAT MrYTVNICTIONS THAT THE UTILITY EWEMENT A5 SHOWN By DAciHED LIMES AT THE REAR of 'CEP%TMN LOTS ARE ?E5ERVED FOFz, THE INc3TALLAZION AND MAINTENANCE OF PUBLIC UTILITIES. IN WITNEroC3 WEH OF - .105E P,. HOP,TA AND FRANC15C0 L. GONZALEZ , A5 INDIVIDUALS, HAVE HEREUNTO 5ET THEIR HANDS AND SEAL TH15 /3 DAY OF M cl, c/ A.D. 1999. VJIT NE 55E5 C GU 1,k f `,f 01^ `,) f`,1J 1.. 5y E Fi �NOI�A , A MARRIED MAN Cl�Cb L. GONZALEZ) A 5Wrat.E MAN C� I I;E4aiEb\4 CFF%TIV` THAT ON TH15 9kPER50NALL`I APPEAREV 3EFORE ME, AN OFFICER 9UL°J AUTI•IOViQED 1*0 AWAIN15TER 0A-IIA5 AND TREE ACKNOWLE9GEME9I5, 3GgE R. HOPiTA AND F5010c,CD L. G-BM2A,LE21 A9 IIJUIVIVUALi, TO ME VIELL '4NOVIN TO ICE THE. YEP35DN5 HEREIN 9E5C1i113E9 AND \%VAO SIGNED THE FOR,E.GOI% INc�TV)IJMENT AND ACKMGIJL.EPGCD THE EXECUTIbN THEhEOF TO b1 THEIPti FREE ACT AND DEED A5 SUCH INDIVIDUALSS F0V� THE U5E5 AND PUNPO�Ec� THEREIN MENTIONED AND NAVE NEPiEUMTO GjET THEIR RANDS AMD SAL, j WITNESci HAND AA10 OFFICIAL SEAL TIA15 13 DAY DF MN COMMISSION EXPIRES 99---39 5. Dti KI C:) tc) FRM LOT 31 LOT I 5 01 C). F G'UTiLITY 89-39Fi fo L, o ti 0 o b Lr __j �.. to 0 1- � o Q w .I LOT 32 LOT 31 BLOCK 9 P.B. 4- PG.13 •;ri J m � Yr �r�y�.... [ p�� r i PRM LOT 34- 89-39 5; T co Irs 6 U 7RM LOT 34 MIS aN M 1(j, I VI 5 7 0-T. I , s 4 � TIVI n 71 711314 75 7u2112P 19 3p )1 3331 *',g 3944 50 59 5R 51 5(0 61 68 &9 10 11 11 -Niq 15 1G 13 -rb 19 m LOCATION MA? r)CALE: C. N-1 CURE f- N1 T AMA WILL (WEV TRK-, APMOVAI TWIci TC) OF TRE CM OF CERTIFY T" TVAIGi ?L NT TIM NO. � VNI 89-395. (WYNENDF) CERTII--,,4 TIANT THE IIETCDIJ �)HOWU FLAT ENTITLED "HORTA 5UBPV15-10ki" Ir-1 A T?iUE A NI P (�Upj\JE�Eq AMV PLATTED Uklk7E� M� VEI�MANEKIT CONT O� Tli[- L hNV(') -CENILY yj va V, E () E N T A, FLACEP ANV THE RD L M-1 N �t-pjMAt\IENT V�EF`EKMcE VkNVE 5EEN T P, A T YTATE OF FLOVilVA. ?-ER t1-1, OF TtIE LAW(� OF T"E 9 q L b E T Kj T)l p ICJ C k A VAP-V OF lAcrrc� A.V. 19,69. \NIL5ON VE LA TOWRE REGISTERED LAND qUfj\jENOR NO. ISIO GiTATE OF FLO9\VA APMOVALC3 THIS IS TO CERTIFY THAT T"I5 PLAT APPEARS TO CONFORM TO ALL ?%EQUIREMEMT(� OF mjAMI COVE, AND CHAPTER 2'b OF THE CODE OF METROFOLIIAM 9AVE COUNTY OF TIDE CITY OF 0 CERTIFY OF A.D. 19 % 9. CHAPTER 94 By �- �DIRIrCTOR CITY OF to(JAMI PUBLIC WORKS DEFT. pplhBVE V AND THE FOREGOING DEDICATIONS WERE ACCEPTED ANV AFVROVEV B\( FEGOLU- TRIGi PLAT WAS FIND ADOPTED 5`1 THE CITY COMMIc3qlow OF M�AM I , F LOPOVN ) 7 14 ll� TION NO. , FAc�ciEV VN4 OF AD. 19 % 9. CITN MANAGER CITY CLERK SR, 395. Il 4 r �, M M m W.- PC? t. NOTEro ---------- REFERENCE MONUMENT FERMAMENT PC? VFRMANEWT CORIrE,OI POINT INDICATE(-, CITY MONUMENT --kk-- I MV I C AT Eci CITY MOMUMEMT LINE AF)E V�EFEhV% �V TO AN A55UME(7 MERIDIAN. 5E A�,j N Cc3 MAII BE AVVITIONAL RESTRICTIONS THAT ARE NDI THEME (3N 7W5 PLAT T"AT MAN BE FOUND IN THE pUbL I C_ RE- C 0 I�V3 OF TRIq CHMTI. I r t I _j 1 .1 1 L1 L y t I I I - I , . . I I I I I I t .0 1 - 11 I r I I i F_ " 11 1" 100NITN COPE CHAFTEF, M�- CUNTIVIEV T"Ic-A 9AN ov MiECTOR FACE COUM FILED FM RECORD THlr3 — VAV OF A. 9. 19 q39 A T - OF ?L ATC3 AT PAGE --- OF T14E PUBLIC MCORK OF VAVE COUNI-VIN, FLORIVA WIT" THE 7R0\41qtoN5 OF THE LAWco OF GjTATE OF FLORIVA AM9 METROV01-11AM MT CLERK OF THE 3 -W' UMEV MERIVIAN. zx ott ipfMcj THAT ARE NOT li BE FOUMV IN THE AR, ' e�T�ua'35"SS�MAtH:A X" C � 1—I1i /l1 11_11 11 J 1V LI.II vt VI 1-1 1. CEfRTII~ IE9 THI i — --PAN OF A.D. t559. WiECTOR 9ADE COUNTY PUBLIC WORYiG PCPT. FILED FOPS KECORCU THIS VAN OF _ A.9. 190.9 AT M. IN 500K F`OF FLATS AT PAGE OF THE PUBLIC 13ECORK OF DADE COUNTY, FLDWA, TW3 PLAT COWL[ES WITH THE rROVI510Nrj OF TIRE LAWS OF c3TATE OF FLORIVA AND METROPOL iTANI DADE COUNTY , FLORWA. 89-395, N,. 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, 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 (we) have examined the complete Abstract of Title completely covering the period from the BEGINNING to February 27, A.D. 19 89 , at :00P..M., inclusive, of the following described real property: (Describe only realty to be subdivided) The West 1/2 of Lot 7, all of Lots 8 and 9 and the East 1/2 of Lot 10, in Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page 73 of the Public Records pf Dade County, Florida. ..Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: JOSE R. HORTA and FRANCISCO L. GONZALEZ 111.06-11 - PAGE 1 89. 395, METROPOLITAN DADE COUNTY - PUBLIC WORKS ENGINEERING -- SUBDIVISION CONTROL C 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 the Ordinance No. 57-30, and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that I (we) have examined the complete Abstract of Title completely covering the period from the BEGINNING to February 27,_ A.D. 19 89 , at 7 :OOP .M., inclusive, of the following described real property: (Describe only realty to be subdivided) The West 1/2 of Lot 7, all of Lots 8 and 9 and the East 1/2 of Lot 10, in Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page 73 of the Public Records pf Dade County, Florida. ..Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: JOSE R. HORTA and FRANCISCO L. GONZALEZ R9-39 5P. a ON Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: , 1. All taxes for the year in which this cpinion 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 6. Restrictions, conditions and easements as set out on the plat of AMENDED PLAT OF MIAMI SUBURBAN ACRES, as recorded in Plat Book 4, Page 70, and re -recorded at Plat Book 4, Page 73. 111.06-11 - Page 2 i 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 HORTA SUBDIVISION NAME INTEREST SPECIAL EXCEPTION NUMBER JOSE R. HORTA Owner FRANCISCO L. GONZALEZ Owner 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 2nd day of March lg 89 IL ANA M. GAt'A, ESQUIRE 1800 S.W. 1-St St-re(-t . S,ii e- 31 ? ADDRESS Miami, Florida 33135 111.06-11 - PAGE 3 q)t') --�1 b STATE OF FLORIDA ) ) SS: AFFIDAVIT COUNTY OF DADE l BEFORE ME, the undersigned authority, personally appeared ADELA HORTA, who after being by me duly sworn, on oath, deposes and 'says : 1) That Affiant is above the age of eighteen (18) years, under no legal disabilities. 2) That Affiant is the wife of JOSE R. HORTA. 3) That Affiant claims no interest in the following described real property: The West 1/2 of Lot 7, all of Lots 8 and 9 and the East 1/2 of Lot 10, in Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page 73 of the Public Records of Dade County, Florida. 4) That the above described real property is not now and has never been Affiant's homestead nor- is it adjacent thereto. FURTHER AFFIANT SAYETH NOT. ADOELA' HORTA SWORN TO AND SUBSCRIBED before me on this day of . March, 1989. NOTARY PUBLIC STATE OF FLORIDA NOTARY BL ', STAT01OF NY CONAISSiGN EXP. FEB. 0,1992 FLORIDA AT ARGE BONDED TNRU GENERAL INS. UND. My Commission Expires: 89 -39 1 CAW AGREEMENT FOR CONSTRUCTION OF CERTAIN DWROVEKEnS PURSUANT TO PROVISIONS Of CHAPTER 54, SE ION 54-30 AND CHAPTER 54.5 THE CRUD OF THE CITY OP HIA111, FLORIDA WHEREAS, Francisco L. Gonzalez is a single man) (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 a$.HQZI,9._.___... _,iT� RniVTCYnN 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 Coa is pion of vLid City, or prior to the iSGu ace by 0-te City of-1-11inmi of a Cc rtifi.c €otc of Oc..cll!Pzn-°tcy for the premises, the 0-uner c'i�.l construct, or ccusc to hLvc 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 mkde a part hereof. Although one year is allowed for the completion of the aforementioned improvwwnts, it is Form PW #178 Rev 7/86 89--395 WR 4 a AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PMSUAN`I TO PROVISIONS OF CHAPTER 54, SE"ION 54-30 AND CHA.PTEIR 54.5 THE CODE OF THE CITY OF IMMI , FLORIDA, WHEREAS Francisco L. Gonzalez is a single man)' (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,Hp=A 911RnTVT9TnN 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 -Iliar-i. of a CczCif cLtc of OcCU-4pn icy for the pru ises , t he 0,mer will construct, or causo to havo co atructed, at his ovm 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 not in the public interest that such construction work should be prolonged to the extant that, it would have a. disorganizing effect upon F 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)l5tatiin the amount of $ 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 - j completion of the construction of said improvements and subsequent to a the submission by the Owner to The City of Miami Department of Public i. - 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) 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 OLmer to perform this Agreement, construct, or { cause to be constructed, the improvements set forth in Exhibit "B" hereof, lad, to tlc. Ci.y a suer up to the aggregate rtttrunt of $ / /2 ,:;•o . � 4. Tlie City shall. have- th.cj ri.gl:�t i:o collec:t, the sum esti.t:ed to construct or coil"plate the i.t)pr_ov m.ent~s set forth in l:��ttibit ►'li", said sum co 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 R9-" 395 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 sight, 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 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 the provisions of this Agreement. Said Letter of Credit is attached hereto as Exhibit "C" and made a part hereof by reference. f j f! 89-3 I5. IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate this end day of March ' A.D., 19 89 . Signed, Sealed and Delivered in the Presence of: Owner: / (SEAL) SE HIO (SEAL) FRANCISCO L. GONZALEZ (SEAL) (SEAL) (SEAL) (SEAL) ATTIKST : cretary orlate Seal) AWEST : 5ecr tary (C rporate eal) Approved and accepted on behalf of the City of Miami, Florida, this _ day of 1 i��G'-� ' A.D. , 19 � WITNESSES: y- oA e&ZZL_<:� 89--3951 Form P11 #178 Rev 8/ 77 0 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, JOSE R. HORTA and FRANCISCO L. GONZALEZ to me well known to be the person(s) described herein and who executed the foregoing instrument, and acknowledged before me -that 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 Florida this 2nd day of. March A.D. 19 89: Notary Public My Commission Expires: t(OTARY PUBLIC. STATE OF FLOR01% MY COMMISSION,EXPIRLS! AUG- 10, 1991- =MD9D THRY NOTARY wRWC Y1406RMRIT■M. - Form PW #236 Rev. 5/69 R9-~395 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT TwiT9— THE CITY OF MIAMI, FLORIDA and JOSE R. HORTA & FRANCISCO L. GONZALEZ FOR IMPROVEMENTS AT "HORTA SUBDIVISION" Located on S.W. 23 Street West of S.W. 32 Avenue LANDSCAPE DESIGN 1800 sq.ft. of Solid Sod 4 Live Oak Trees (14'-16' high with 6'-7' spread) ASPHALTIC CONCRETE PAVEMENT Approximately 147 Square Yards REMOVAL OF CONCRETE SIDEWALK Approximately 405 Square Feet NE�I CONCRETE SIDEWALK Approximately 405 Square Feet SANITARY SEWER STRUCTURES 70' OF 6" E.H.C.I. Sanitary Sewer Lateral ESTIMATED COST OF IMPROVEMENTS (10%) CONTINGENT (17%) ENGINEERING AND INDIRECT COSTS TOTAL AMOUNT OF LETTER OF CREDIT $ 1,900.00 $ 1,400.00 405.00 975.00 $ 7,000.00 $11,680.00 $ 1,168.00 $ 2,184.16 $15,032.16 $15,100.00 *Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. 89-395. 6 12 COVENANT TO RUN WITH THE LAND WiIEREAS, JOSE R. HORTA and FRA14CISCO L. GONZALEZ (hereinafter referred to as "the Owner" or "ire" irrespective of 3 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 HORTA SUBDIVISION as recorded in Plat Book � at Page of the Public Records of Dade County, Florida; and WHEREAS, The City of Miami, a municipal corporation in the State of Florida, in the County of Dade, (hereinafter referred to as the "CITY"), pursuant to Chapter 54, Section 54.30 of THE CODE OF THE CITY OF MIAMI, FLORIDA, requires the 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. � F„11 L,; cirh Cf YPPt im�rnt�Pmant-�(„�»r��n j�lt"f��� ,I?avPment and drainage) on S.W. 23rd St-rg, f_ 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 Frith. the CITY that he drill at his own expense construct the aforementioned improvements at such time in the future as he is notified by the CITY that the aforementioned improvements are necessary or desirable: I 89-395 5- Ej 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 Miami, Florida 33135 ' 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 .f - thirty (30) days after the mailing of the written notice form the Director of the Department of Public Works of The City of Miami, 'r. 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 improveyllents to be cOnstruct.ed at: the expense of the 01414ER and/or said fee simple owner, and the dulount; of such cons- truction cost shall be declared and exta,blished as a lien on the property of such defaulting OWNER and enforced as any lien for �i s i materials furnished and work and labor done, as provided under �' the Statutes of Florida. 89-395 IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this Znd day of March A.D. 1989 Signed, Sealed and Delivered 014NER in the Presence of.: 1 (SEAL) Fr --R� (SEAL) FRANCLSCS--L- GONZALEZ . (SEAL) (SEAL) (SEAL) (SEAL) AT'VfST : A ecr ary (Corp)rat Seal) ATTEST: Secret y (Cs Srporate al) THIS INSTRUMENT WAS PREPARED BY: - 3 - APPROVED AS TO FORD AND LEGALITY: ity ttorney 89-395 f r. 1 .j =i STATE OF FLORIDA) - i ) SS _ COUNTY OF DADE ) d I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths i and take acknowled;ments MP. R _ H()RTA an -PAN �;T,(' �_ Gj�j�— 1 I 1 1 to me well known to be the person(s) described herein and who executed 1 the foregoing instrument, and acknowledged before me that . 1 i 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 Florida this 2nd day of March A.D. 19 89. d 'I Notary Public My Commission Expires: e s NOTARY PUBLIC. STATE 4F FLOkIDA. MY COMMISSION EXPIRES: AUG. Ia. 1991. j+ 10NOQp THRU NOTAH7 PLUDUC UHOLHWRI7LRl� j i 1 I k Form PW #236 Rev. 5/69 H9--39 3, W