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HomeMy WebLinkAboutR-88-0701J-88-725 6/27/A8 RESOLUTION NO. A RESOLUTION ACCEPTING THE PLAT ENTITLED DABNEY'S R DYLAN'S, A SUBDIVISION IN THE CITY OF MIAMI; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 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 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 DABNEY'S & DYLAN'S is a resubdivision of Lot 28 of "BAYHOMES SUBDIVISION" an unrecorded Plat as recorded in Deed Book 338 at Page 23 of the Public Records of Dade County, Florida, lying in Section 28, 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 Wi th The Land executed by Mr. Charles E. Taylor & Johnnie W. Taylor, his wife, postponing the immediate construction of full width improvements on N. Bayhomes Drive and the quantity of land fill required to raise the ground surface on private property to an elevation of 6+ feet 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. 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. CITY COidl`1IsSIO�i MEETIi1C OF JUL :r!AARKS: _ -� �A �M. PASSED AND ADOPTED this 21st ATTES : HIRAI, CITY CLERK day of____ Ju1Y _ __ _ 3 1988. PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: {, ASSISTANT CITY ATTORNEY CITE ATTORNEY 2 - HS--701,. P, �-1 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager RECOMMENDATION: P7 DATE: t PLAN'S FILE SUBJECT DABNEY,S &9SUBDIVISION Resolution Accepting Proposed Record Plat Located on Bayhomes St. Bet. (N) Bayhomes Dr. & REFERENCES (S) Bayhomes Dr. ENCLOSURES. It is respectfully recommended that the City Commission adopt a resolution accepting the plat entitled Dabney's & Dylan's 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 Dabney's & Dylan's is a resubdivision of Lot 28 of "BAYHOMES SUBDIVISION" an unrecorded Plat as recorded in Deed Book 338 at Page 23 of the Public Records of Dade County, Florida lying in Section 28, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) tracts containing 0.50+ of an acre. It is zoned RS-1/1. 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 c; S—'701 W 0 Subdivision improvements according to the provisions of the Agreement between the City of Miami and the aforementioned owner. The improvements required at the property platted are listed as follows: Asphaltic concrete pavement. 7. Since there is no full width improvements on N. Bayhomes Drive and the quantity of land fill required to raise the ground surface on private property to an elevation of 6± feet 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. Robert E-. ar ane a City Surveyor R B : i s Page 2 of 2 Ay-'7Q 1.. SUBDfiv MN OPINION OF TITLE TOt 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 a proposed final subdivision plat coverin the real property hereinafter described, it is hereby certified that I (wef have examined the complete Abstract of Title completely covering the period from the BEGINNING to June 14 A.D. 19.Up at 7:00 p.m., inclusives of the following eacr bed real property: (Describe only realty to be subdivided) I,ot 28, of BAYHCMES SUBDIVISION according to the unrecorded Plat thereof, as recorded in Deed Book 338, Page 23, of the Public Records of Dade County, Florida Basing my 6awR) 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: Charles E. Taylor and Johnnie Miite Taylor, his wife s S-P70 i. �J 0 64s Subject to the tolloring encusbrances, liens, and other exceptional GENERAL EXCEPTIONS 1. A21 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, mechanical or materialnens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. Mortgage held by Coconut Grove Bank given by Charles E. Taylor and Johnnie White Taylor, his wife, dated July 27, 1987, recorded on July 28, 1987, at O.R. Book 13359, Page 1942, Public Records of Dade County, Florida, securing the original sun of $128,000.00. 2. Delinquent taxes for 1987. R S--'701.. 0 1+0 1-1 Wherefore it is to (our) opinion that the following parties suet Join in is the pLttibg of the above described real property in order to grant BADE DCWTT,p lL =,p and the public, a good and proper title to the dedicated areas shown on the final Plat of the aforedescribed real propertyl the subdivision thereof to be Down as Dabney's and Dylan's Plat 1 NAME INTEREST SPECIAL EXCEPTION NUMBER Coconut Grove Bank Is the undersigned, tied to practice in th The Florida Bar. Nbrtgage #1 e further certify that I am an attorney -at -law, duly State of Florida, and an a member in good standing Respectfully submitted this 10 day of June 19$8 • a..,o #qV4--V 49249, ;i� - - . SPATZ 3400 S.W. 3rd A enue Miami Florida 33145 ADDRESS Si —101,. 1b 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 MIAMI, FLORIDA WHEREAS, Charles E. Taylor and Johnnie W. Taylor, �p-f--P (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 nahnPUIc and Dylan's 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 SS--701 IC 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. 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 deposits with the City a Cashier's Check in the amount i of $ 1 a j I &° 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 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 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. Form PW #178 Rev 6/86 1i lJ IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate this �LtY► day of A_D., 19 % b Signed, Sealed and Delivered in the Presence of: k� creta (Cor orate S al) AT EST: Secretar (Coyporate Seal) Owner: (SEAL) • � � � � <�. ��� (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Approved and accepted on behalf of the City of Miami, Florida, this �7 day of , %Jzt,,JF A.D. , 19Z�F- By : WITNESSES: Director, Department of Public Works Form P41 #178 Rev 8/ 77 HS-7o1. STAFF OF FLORIDA) ) SS COUNTY DR DADC ) I HEREBY CERTIFY that on thi da•; t-ersonally i.q-cared t-efore mc, an officer duly authorized to administer oath!: and to?-e acknowledi-rientL., 4�,� �• Y % TT,(:- well known to Le the person(s) described herein and w}:o executed t!;E, forepoinp instrument, and acknowledged before me that TOME-y executed the same freely and voluntarily for the purpose therein er.ires!-ed. WITNESS my hand and official seal at County of b AbE and 'State of tda,; of Notary Publ My Commission Form PW #1236 Rev. 5/69 P E EXHIBIT "13" TO ACCOMPANY THE AnREEMENfi BETWEEN THE CITY or M1AM2, PLORIDA and Charles E. Taylor. and Johnnie W. Taylor, his wife FOR IMPROVEMENTS AT DABNEY'S AND DYLAN'S Located On Sayhomes Street. Between (N) Bayhomes Drive and (S) Bayhomes Drive ASPHALTIC CONCRETE PAVEMENT Approximately 10 Square Yards ESTIMATED COST OF IMPROVEMENTS (10%) CONTINGENT (17%) ENGINEERING & INDIRECT COSTS TOTAL AMOUNT OF CASHIER'S CHECK $ 95.00 $ 95.00 $ 9.50 $ 17.77 $122.27 $125.00 HS--701. COVENANT TO RUN WITH THE LAND WIIEREAS , Charles E. Tavlor and Johnnie W. Taylo_L.5 6 -', (hereinafter referred to as "the Omer" 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 Dahneylc ana nvlanls 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 Chanter 54, Section 54.30 of THE CODE OF THE CITY OF MIANI, 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'ti 1 1 Wi Al-h i mpr.03som_n* c On N • Sayhomes gFive and the- quentiby of land fill required to raise the ground surface on private property to an elavati:A of 6-� feet and WHEREAS, the OIMER 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 is notified by the CITY that the aforementioned improvements are necessary or desirable: f3R-io 1. 0 NOW, THEREFORE, in consideration of the premises herein set out, the OW14ER 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 5Sc{b ,_.h r '-� �1 1'Y1'.,q��$1 . %aQ 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 OWI4ER 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 specifically created, and said City Manager shall cause the aforementioned improvements to be constructed at the expense of the 01-INTER and/or said fee simple owner, and the amount of such cons- truction cost shall be declared and extablished as a lien on the property of such defaulting 014NER and enforced as any lien for materials furnished and work and labor done, as provided under the Statutes of Florida. - 2 - fis--ion.. IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this day of A.D. 19 . Signed, Sealed and Delivered in the Presence of: ATTEST: s Secretary Corporate Peal) ATTEST: s Secreta (C�rporate S4al) APPROVED: Department o Public Works THIS INSTRUMENT WAS PREPARED BY: OWNER - (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) APPROVED AS TO FORM AND LEGALITY: - 3 - -'ty Attorney 9,S--701,. STATE 8F FLORIDA) ) 5S COUNTY OF DADE ) I HEREBY CERTIFY that on that; da•; personally 3p1,,�ared before me, an officer duly authorized to admini:.ter oaths ind take a0:nowledrn nt=,, S S A!. 1AY(4 A. to me well known to be the person(s) described herein and who executed the foregoini- instrument, and acknowledged before me that 'f y executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at Al//+11i County of and State of t;ii: ?,r day of IIVE A.D. 19 My Commission Expires: IDt 0 form PW #1236 Rev. 5/69 H S-701. • Dk)EY 5 4k) OF LOT 28 OF "b Ad (KOJAE-s e"bO� LYIL%C-A 10 5e.C'TIOu 2a-*TWP. 54� - RGE 4tE - CITY G MaQuEL Ci. \IESZA- b.1.SCJ Q: E"G,%UE.E EZ5 - L-A-UO PLa.l►�1►��-R�v - 'Zc� Sw. 40* S'TREE.T JUUE %gsb carcWtuft- Saar 0 15 50 P,� ,��r ►--t c� ME. t9 � (0s 4x)rj oYLAJI�'S C 28 GF °py.4YHUmf—S SUppIV I�lO1J"- &0 PLAT REl-ORDER U-) DEEED Z�DOK 39Q'-b'T -7WP 54ce - RGE 41E - G1T( OF 1Atlull' DUDE. C.OUI-1TY- PI..UR10A. E1-*)rA1 USERS - L.A.UO PLA O .IE-Rry - - OSuRYE`lGRS bbIC) SW. 40* STREST JUl1Al�/ll-Fl.UR1�� c r�n.ra 5�a� SGi6.LE -1",- I& mm a5 3o TS goo It #i Y vMES SUDD1�(ISIC>u ODE-E.D Z�bGv� 3ML, - pc:k L-*! • 7-A ys 41 A RE5UZ)OtV 15100 OF LOT M or- �5A:-0AT - LYf �SC� II�S SE.CTIOU 2a-7wP. 54, - RGE 4lE JU��.IJI.SEL C�. `/E-CZA• EIJG� tJEEQS - LAUO PLa. 83"TG SW. 40* STREET -SULX-- noob C*Caf4-,(c Cb 25 i� Y 1-4 G�IvIES JU�G��l lS Y's �.ur� r�YLau's 00 OF LOT 28 OF //TbaY KOAE b bUbO►V I>IO U" - US U1uQECORS��.fl P � RE��DRDED 10 DEED t-CTIOU 2a-7WP. 545z - RC& 4tE- - CITY OF AA.&W - D OE- CODU-T`( F�-C?RIOa. MA.1JUES -- CA. v ER,e. .b.1.SCJ �SSOC 1 �.�" ES ,11JG EUG\DEERS- %-.•.UO PLa.IJ1J�RS --,b.�OSuRYEKGRS WS'10 SW. 40*- S-TREE.T JU��,eJ�l�- FI.URLo� _SLUE. %9%8 $CA -LE. -1 - qa Gco�h,tG aide. o 25 5o 15 goo 18 � �JU�GI`! ISLC>�S t9 (.CF E-D 332, - FG, . 22� 21 0 s REE-MM D 11.E MM SW1< 3325-AZT PA4E. ?-b V,13 �w ALL Utz 'Il tY `T"EsF PRtSEJZE) E-L - 74YLGR and -3(n 1J. LYE. 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VJctt w wwct io4_- {'Aa D r_*0_1 d.P�_re .� • 0 • CI P-)er:.212• 54--41 (w"I-TC5 Gmmvk• j 5wveyocY., fie_ 15p-nrirgs ba5e.d. c-,r. nma•:kt.�mned m-ridiarz. O Pet'manmvLf ttidereru�-- dJrrwrne-m{ 1r1a GL1k m �'�r'n14c S:� �xT,-.trct F�['•1r�S ���EI'.`: j;'.4`{ �'. LIC�C~\C1C!_��\ ��=��t'ti='tl=�r'.� •1.�� !'i� `_ 1,i'`, C;e� cx�es of flufluE, czt- !!. Y. LoeA.-r%oo bvr---TcvA 1�1J`�•• �e c . 28 • s4.4.1 ''.HUH Gcr ZWya. sec.2--%A-4t S rt Z r->X L S6' �ca�e • l"�' P r t(w,t we- U* A lh �PLVb ,- rt .� DA9 ftj Y d U PIMN r � • T' / r / i Q / pr" loll i / / Sucve�cra Get'tificntion.= Wt KE9,eb,( G�I-RT Sv-� : 'That ttl-a Fla; ert.''i �1ed" D`(LkL S; Sc, c, -Yrue. a e,OrrEzt ion ch+4-4-- laczds descr't*Lk--A �%e.rnort c ceL.eci;',.( se�rveY�c� cavtd plan-- c or ; alsa mat ffv-- Pe; rnnc�.Rt Re fereacc. l Mstume r 4 were sef tc nc e c,edane e Poc�I, Ghnptel- tip"; ,', aws of the state of lncida. Cam. auo Luc . EN Prey. Reg�s4 eced, t..1�,ad Su ►- v� far 1.5° 22Co2 Stnte. o� Flc�ridca. .26.54.4t , {- &Wc-w seal rf mid c crperoticn, otiu iticd" D1��1-JE`(�5 U51) 0%(LA.L e; 55 e- r u-e- and t-�.reocz. a5 cerrec�.�t.t s�s•re.�(ed atzd plat�t� under Re,£eretac�- J.�lotuxnestt:, were set tn_ c>r�t,�dnctce, wikz AJLV ATes,1�x. 9 ' Plea . Ld Surveyor 1J° 221c2 •tortda. B 64i�. tcrpc�t aatfr��-, 4F�,at- 4f,CY Aff ts�.K�. W i Lne ml ILa ,C ac �� v� f � c.i cx'. _-r o. "Li, - Thib iem 4o art fy tb.ot• twE, P(a` npE : ,r. tc: crnftcnt to at; �e9utc'e,lnc��ts of C.h_c L�.r C.c)ur_N. Nvrtda, code. Gert(iird C.it� of 1lAianli �.F plet wc6 c, prr..ved nrA �K frre grit "Q clE:t�tic.�a; i� n.s wEice oc_ex+. ea and ckppi Cctrt.cnibr.IM of vl. kliami, 5igaad, ---.- _.-__._-- At } dfi C�A-D� C�yUIJ?Y � FP�r�V4.t = 4{t.is play c>G�taeol� to Gott{ct'tn ;c+ c�1� c�qutrestit.ts o� Gtt1 { Ft�cd Cr v rUc:.,rcl th -�s -- d Wj U, _ NSP-, at -- _- -. -. . -- 1.A , C.c ,u,%Xk { , Ftrndo. `'( Lis plat ck' mM .tit:s wit{'l *V- lawb of tlz.e. SFafe. of Ftcr(do, ond. P�t:t-i.ac-d P.�c'ic�_tcet', Gleruj A G aPelfft tr8t-ky tjP4yr l uttt�t` ilyi tom,rcs seal, a{ said corperatica, aRA %-uaf i� ic. A#1r- 4kmF- Oc,+ CXVJ4 t�-f d 61 emaid, c ct-pere,! (CM- }� daY aE t9� . - _—.. I.�t t`at� ���1 ltc_ StcttE. dF �1+r'ritS� a►t l.ntt�.. FtTM to c�tt re9�,r� mints bf C N4,,',.r S4 of C`.i1Y Of �,�_i �.tni c cvnd C�z.o►pt�r ^ o� �t l,�l�.trr. potctet� Ck day C.itY o{ 1Ulictt�ti .pcarttr zt cif P�L-Av Wrs-t�S. - --- dedic.�-�tira.s we.`e OC4 cpteck end apprC:vad L-`( RC6C�vt IQR i..�° ____.._ . _____ _.___..__j p45beA and 04tjpted'of t''l nay --_. -_. ___ ___...__ _._ . _ ..- _._ ___._._.__CttY Gterk to G��t�c_>c-tr cat( cec�cstrecticeczts o� Gtw�ter 2.€ �f {�� ttrQcVkmll. Uar : C'c_ix:ty, F-lc- ric.� ccn�ie. Z)imLt 1, 1tfte.l�ws o{ t{-ee SFate c.�f Ftc�idct aad l�le:trc:pclitact 'dada County, Plc.s-i��. Rir,h-ard P.�ri;.t r', Clerk of Vac- Gircui}-C,cc. >i- a a c f ttj-- Publv-G .e c.xcv66 cX 0 �. Depc*Y G (sm . 4'...