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HomeMy WebLinkAboutR-85-0062J-85-61 RESOLUTION NO. 85--62' A RESOLUTION ACCEPTING THE PLAT ENTITLED txF` "NUGENT GROVES", 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 Y 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 Ar s 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 "Nugent Groves", is a replat of Lots ? 16, 17, 18 and the Westerly 15 feet of Lot 25, THE SUNSHINE FRUITS 3 3Y COMPANY AND A.J. COMMINS RESUBDIVISION of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 149 15, 16, 37, 389 39, 40, 45 and 46 of SILVER BLUFF according 3 to the plat thereof as recorded in Plat Book 3 at Page 41 of the Public Records of Dade County, Florida; and that part of Secoffee Avenue, being 15 feet in width, lying North of Lots 16, 17, 18, and the Westerly 15 feet of Lot 25, said THE SUNSHINE FRUITS COMPANY AND A.J. COMMINS RESUBDIVISION according to the plat thereof as recorded in Plat Book 3 at Page 41 of the Public Records of Dade County, Florida. All lying in Section 15, 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. CITY COM1"rjISSION MEETING OF J AN 24 1985 RESOLUTION No. 85--62 REMARKS. Section 2. The Covenant To Run With The Land executed by Joie L. Felix, postponing the immediate construction of full width improvements on Coacoochee Street and Chucunantah Road 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. PASSED AND ADOPTED this 24th day of January , 1985. ATTEST: Maurice A. Ferre MAURICE A. FERRE fG�.O Q MAYOR PHNGIECITRK PREPARED AND APPROVED BY: A '4:0—X—rt,AM G. MIRIAM MAER ASSISTANT CITY ATTORNEY CITY ATTORNEY - 2 - 85-62 ON A* 14 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM r0 Randoph B. Rosencrantz °ATE' January 7, 1985 FILE, City Manager SUBJECT: Nugent Groves Resolution Accepting Proposed /"1 Record Plat, Located at FROM- REFERENCES: Chucunantah Road and Coacoochee Street Do d . a herL ENCLOSURES: For Commission Meeting of Director of Public Works January 24, 1985 The Department of Public Works recommends the approval of the plat by the City Commission of Miami, Florida, and certifies its correctness as to form. The proposed record plat entitled "Nugent Groves" is a replat of Lots 16, 17, 18 and the Westerly 15 feet of Lot 25, THE SUNSHINE FRUITS COMPANY AND A.J. COMMINS RESUBDIVISION of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 140 15, 16, 379 38, 39, 40, 45 and 46 of SILVER BLUFF according to the plat thereof as recorded in Plat Book 3 at Page 41 of the Public Records of Dade County, Florida; and that part of Secoffee Avenue, being 15 feet in width, lying North of Lots 16, 17, 18 and the Westerly 15 feet of Lot 25, said THE SUNSHINE FRUITS COMPANY AND A.J. COMMINS RESUBDIVISION according to the plat thereof as recorded in Plat Book 3 at Page 41 of the Public Records of Dade County, Florida. All lying in Section 15, TWP 54 South, Range 41 East. The Plat consists of 2 Lots and is Zoned RS 2/2-- This plat is being forwarded to your office for City Commission action. Also attached are the following itemized papers necessary to present the Plat to the City Commission of Miami: (1) Resolution accepting the Plat (2) Print of proposed Record Plat (3) Agreement form pertaining to subdivision improvements (4) Covenant postponing immediate construction of certain subdivision improvements (5) Opinion of Title (6) Portion of City Zoning Sheet No. 43 showing property platted colored in red RB: ge 85--6 i� 0 n e*N THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS January 7, 1985 REPORT OF PROPOSED RECORD PLAT OF NUGENT GROVES LOCATED AT CHUCUNANTAH ROAD & COACOOCHEE STREET A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled Nugent Groves was prepared by Robert P. Schuler P.L.S. #2930. 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 replat of Lots 169 17, 18 and the Westerly 15 feet of Lot 25, THE SUNSHINE FRUITS COMPANY A -ND A.J. COMMINS RESUBDIVISION of Lots 5, 6, 7, 8, 9, 10, 11, 12, 139 149 159 16, 37, 38, 390 40, 45 and 46 of SILVER BLUFF according to the plat thereof as recorded in Plat Book 3 at Page 41 of the Public Records of Dade County, Florida; and that part of Secoffee Avenue, being 15 feet in width, lying North of Lots 16, 17, 18 and the Westerly 15 feet of Lot 25, said THE SUNSHINE FRUITS COMPANY AND A.J. COMMINS RESUBDIVISION according to the plat thereof as recorded in Plat Book 3 at Page 41 of the Public Records of Dade County, Florida. All lying in Section 15, TWP .54 South, Range 41 East. The Plat consists of 2 Lots and is Zoned RS 2/2. (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 P. Schuler Registered Land Surveyor, this Plat complies with the plat filing laws of the State of Florida. 85--G;z GO /'1 (4) The attached Certificate of Title Examination dated December 17, 1984, sighed by David G. Allen, Attorney, indicates that the fee simple title to the property platted is correctly vested in Joie L. Felix and the Plat has been correctly executed. (5) The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat. (6) In accordance with the requirements of Chapter 54, of The Code of The City of Miami, Florida, a Cashier's Check in the amount of $700 has been tendered by the owners, son William Scott Nugent. This Cashier's Check has been deposited with the Director of Public Works and will guarantee the completion of the subdivision improvements according to the provisions of the Agreement between the City of Miami, and Joie L. Felix. The improvements required at the property platted are listed as follows: Sanitary Sewer Lateral and Retain Existing Landscaping in Right -of -Way. (7) Since there are no full width improvements it is recommended that the attached covenant be accepted postponing the immediate construction of these improvements until the area is more fully developed. (8) The location of the property is shown colored in red on the accompanying copy of a portion of City of Miami, Florida, Zoning Sheet No. 43. (9) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. RB:gc Walter K. Brown Cadastral Engineer - 2 - 85-062 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND JOIE L. FELIX FOR IMPROVEMENTS AT NUGENT GROVES LOCATED AT CHUCUNANTAH ROAD AND COACOOCHEE STREET *LANDSCAPING $ 0.00 (RETAIN EXISTING LANDSCAPING IN RIGHT-OF-WAY) SANITARY SEWER LATERAL $ 550.00 s� ESTIMATED COST OF IMPROVEMENTS $ 550.00 ' (10%) CONTINGENT $ 55.00 $ 96.80 -5-- (16%) ENGINEERING $ 701.80 w TOTAL AMOUNT OF CASHIER'S CHECK $ 700.00 *Information concerning the landscaping requirements shall be obtained frow the City of Miami Planning Department. 8.5-62 k ..-.. tit AGREE:•IE:tT FOR c0',T 1.--%.JC"_'IO:d OF CERTAIN FUAR;TU,?;' TO PROMI3I0N3 OF CHAPTER 54, SECTION 54-30 1 THE CODE OF THE CITY OF IMIAMI, FLORIDA ! M.. JOTS L.. FELIl . WHEREAS, . (hereinafter referred to as the "O,-sner" ), concurrently with the delivery of this Agreement, has applied to THE CITY OF MIA14I2 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 NUG:-21T GROVES ,rI24-2 a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and „. WHEREAS, Chapter 54,- Section 54-30, THE CODE OF THE CITY OF MiA14I, I- ORIDA,' requires that any proposed plat, sit:mitted to said Commission for..acceptance and confirmation shall be accompanief.i by an Agreement entered into by the Owne: ... Lhc land -1--r-iut ,.:.atted, with the Director of the Department; o 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 or Cashier's Check; NOW, THEREFORE, the Owner hereby covenants and agrees with the 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 �_ N Form PW Y178 Rey 5 /81 as Exhibit "B" and made a part hereof, Although one year is allowed for the completion of the aforementioned improvements, it is not in the public interest that such construction work should be 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 reasonable _l p„«- _h of .time as determined by the Department of Public Works. The F• Cwner hereby agrees to abide by all of the provisions of the" "Guide A'ar Work in the Public Right -of -Way", a copy of which is attached hereto and by this reference made a part herof. 2. 'n accordance with the provisions of said Chapter•54, Section 54 - 30 , THE CODE OF THE CITY OF MIA-LAI, FLORIDA, the Owner herewith deposits with the City a Cashier's Check in the amount of $ 737db -..,hick amounc.is not less than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the = ttachad Exhibit "B", plus twenty-five (25 %) percent for engineering or contingent costs and damages, the conditions of the deposit thereof '-.ins such that if the Owner . sh=-ll fully and fa `hfvl ly perform =ie wog 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 i 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-five .(257.) 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 attorneys' fees in the event of the Owner's default. Form 94 #08 Rev 5/81 SSo"P62 . . IN :•lITNEZOS 11Nc::a Ji , the 0:•iner has cauzed this Agreement to be executed in triplicate this �� day of A.D. Signed, Sealed and Delivered.' in the Presence of: Owne (SEAL ) (SEAL) (SEAL) • (S-AL ) (SEAL) (SEAL) ATTEO: rezar (Corso ate .Se2A ) ATT � : incipal Cc poratio. _ resicenu Secreta y / (Principal (C rpora�tion) (CO r, orate Se 1) ~' President Approved and accepted on behalf of the City of Miami, Florida, this 1_ day of A.D., 19 By . �<� W •Director, Department of Public WITNESSES: ors:, .rl► s i STATE OF FLORIDA } 1 SS 00"1 COUNTY OF DADE } I HEREBY CERTIFY that on this day person.01 f appeared before ine, an officer duly authorized to administer oa.11S and take acknow Iedgments, tome well known to be the person(s) described herein and who c:xcc:uted 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 County of Z) Arb and State of L A this day of t.)E-r e A. D. 19 My Commission Expires: NOTARY PUBLIC STATE OF FLORID4 MY M'AMISSIGN EXPIRES FEB 4 1737 , 1 Form .• PW 9236 Rev. 5/69 ,[ z ta`� r'1 COVENANT TO RUN WITH THE LAND ' WHEREAS, (hereinafter refer►•ed 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 :-Ty, ENT OPOITES 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. 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 is notified by the CITY that the aforementioned improvements are necessary or desirable: /-1 r_• NOW, THEREFORE, in consideration of the premises herein set out, the OWNER hereby covenants and agrees with the CITY to construct or cause to constructed at the expense of the OWNER, and without cost to the CITY, the aforementioned improvements :.ithin 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 "-T :�3T, 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 thirty (30) days after the mailing of the written notice from 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 OWNER and/or said fee simple = owner, and the amount of such construction cost shall be declared and established 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 - 85-62 ,� it EM IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this day of .D., 19 Signed, Sealed and Delivered OWNER in the Presence of: (SEAL) ( SEAL) ( SEAL) ATTEST: n s --Secret9ry (Co)porate/ Seal) A ST: 7 -1 s 5ec etary ( rpora a Seal APPROVED: iA e�zr tment o ub is or s THIS INSTRUMENT WAS PREPARED BY: w ( SEAL) (SEAL) (SEAL) APPROVED AS TO FORM AND LEGALITY: - 3 - lty Attorney ittt� t� 9 t FLORIDA ) . SS . IF DADE ) I ILIEREBY CERTIFY that on this day person.ill� appeared before ttne, an officer duly authorized to administer oaths and take acknowledgments, to Rye 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 �l,M,j lien I 'County of 011kDG and State of this day of �� GSMt,,r A. D. 19 g_. Notary Public My Commission Expires: NOTARY PUBLIC STAT: CF rL': :)A MY Cchlf11:510`J EXPIPF3 ;cJ : 1;37 •, a,.r.UD tnti _ Form .• PW • 9236 Rev. 5/69 f A ram ! .� ;, ...... � • .. ., . ...:.�.. ' n C3:trROL W INIC.0 CF TITLE TO- DAn E C::C:IT i , .1 poiit:cal 44 the St.lte of •Flurtcl-s. ::1 ( 12 C:.:t::a21 • '3• ::It': t7U;lf•n O: ta!-, 1, C'=:.. 7. A. ....a .. Ilf, irs::c^ N.:. ii -,t), ind :► sn :rc c:cc:-t:-t t:It :1 .7r � •�;. ..fit' CC ORC O :. .1..•li Rr ...:1.►1d., Ilat C:�'•!•:.., ..t, a: j •.r. heft.•tn :. t :C:I:ri 16. in. Ter .0 thnt I..have Q, :t111::- be...t. l�:L• ..J.:.'.i2:. :)[ �• ..ar � t1it.!:Ti.l% COt'I:rl:l , rl.r.M 0... •r:e Decemr 17th A.P. W 84 , a; 3:00 A..M.. inciu::ivu, Of the fol'.w , ' • si: p � •y: ...Hia� c�sc r::eJi to rr. (Cc:c::�t• only r4a11v; to he sl:i •ii:i:ic�) 4 • Lots 16,17 and 18 and the West 15 ft. of Lot 25 of SUNSHINE FRUITS CO. and A.J. COMMINS RESUBDIVISION OF SILVER BLUFF, according to the Plat thereof, as recorded in Plat Book 3, at Page 41, of the Public Records of Dade County, Florida, also known as: Ldts 16,17 and 18 of THE -SUNSHINE FRUITS COMPANY AND A.J. COMMINS RESUBDIVISION of Lots 5,6,7,8,9, 10,11,12,13,14,IS,16,37,38, 39,40,45 and 46 of SILVER BLUFF, -said resubdivision being in the SE• • 1/4 of Section 15, Township 54 South, Range 41 East, according'to the Plat thereof, as recorded in Plat Book 3, at Page 41, of the Public Records of Dade County, Florida'; and -that part of Secoffee Avenue lying West of Osceola Road and North of Lots 16, 17 and 18 of THE SUNSHINE FRUITS COMPANY AND A.J. �COTWINS RESUBDIVISION, according to the Plat thereof, as recorded.in Plat Book 3, at Page 41, • of the Public Records of Dade County, Florida. Caiin. ray (our) opinion on said cocal,ictc ab:tfact cowering said pariod I (we) am (ale) of - the opin iu11 that on the tart mentioned date the (cc simple title to the above described teat property was: vc--tcd in: Joie L. Felix, formally known as - Joie L. Nugent. Ills45-11 - PAGt: 1 85-62 I to :he ;oii,..'�r �:•tt:_r......tet_ ,. nett an•1 •jt!`Cf 1-[ecetton3: rc:irIML ENC'rTtO::S t. Alt tarn; tot the ;!!3r to ::htch tla% ortnton t n tendered. ttnicss noted below that -.uch taxer have �e?n paid. 2. Rit•,4t. of pr_tuuns other :han the abO c o:vmers -ho are in ponce nston. 3. Faci.:hat '•:null "e •ii-(.tyjl•.i uonn acca!atc nut:r:•. AM: l:n!:••7'JlC71 l.t�}!, .:.Q6'�:1i1•.^.•1r '-..1tCti.it�l•n::j7C'15. 5. Zoning and other 1ct::c::-r.: tia_c.;cd by :,wcrnr..snr�l authorit... i SPMAL E\CZ'PTIONS SUBJECT TO: - 1. 1984 Taxes are shown as due. i 2. Mortgage given to SOUTH MIAMI FEDERAL SAVINGS AND LOAN ASSOCIATION, known now as SECURITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH MIAMI: t f • _ Clerk's File No. 69R-7934 ' t Dated: Jan. 10, 1969 . Filed: Jan. 14, 1969• a • s 111.46-41 - •AGC 3 . . - f R /`y • 1 85- �. •.�v.►Cr\T�.+�.w.7�...R�r./�•:+l•1w1r7.Ti`:.�.'.4::�.7M.'��CtYC.7t�'R::i�/YYI•.:.�I;iYG�:�`:��M1►'.4.�.Fi+••Olat'.w1t.Lti11.�•Jpy�ly�r,�. Ti•ceriore It Is nr (out) t olt•.run :oat thy foito+In far+tea .r-�:! torn in :he glattl:rq ni :he a5v.e dcse::beei :rat ;.rotrr.: %n urCet to) %;tent 0.%DE COUNTY, FLORIO.%. and :l:e public. a .`*IA and proper tide to t4c deeicatcd area. sao:vn In tie final plat of the a(oredeseribed propem/. 140 subdivision therevi to be known as NUGENT GROVE t; SPECIAL EXCEPTIWI NA�.tE INTEREST NU:AdiER i JOIE L. FELIX Fee Simple none SECURITY FEDERAL -, SAVINGS AND LOAN • r ASSOCIATION OF Mortgagee 2) ' i SOUTH MIAMI IF, �-1`6'111 11 r ' t z I, the undersii:ned, further certify that I am an attorney -at -lair duly admitted to practice in the State of Florida, and am a member in rood standing of the Florida Bar. Respectfully submitted this 17. h day of _Decembgr Russo, Allen & Baker,, P.A. HAME DAVID G. ALLEN 4675 Ponce De Leon Blvd: Coral Gables' ADDRESS , III.Ctt..r1 PwC6 i , - s 8S—f 2 • t' y S T. job zz�._ i N 17 2 eR . v� o- o �o 2 o A. NUGENT GROVES ZONING SHEET NO. 43 .ZONED RS 2/2 ILJ 1112 � � O r 40 S� 8 T DRIVE 7 DRIVE :7 24 Z z 25 1 26 0 27 0 o 22 23 24 25% so 60 RIVE o 0 -11 (9 Q, Q �p OlWcoroer W :� ko ci AZA.Gco WAZ �vo. ket or I A REPt..AT OV.- a voc�cioN� eaNAEAZ RipS�(6DiVlsloc� c� A PP.tzc �.C-RotylSo�^-�11P 54 ) 5;�kvwF�W loco•8--5 c V, 3 C5 St�� , 1 GJo •° r �� S - F �i � p SINE FRUITS coMP?rl\' Mav &:Y. COKM- LYRN-iq IN Tli�o�- -JaS�. ci�rconvE cou�tcc�a,-oa�ofa. KNOW ALL Mil E5Y T�rL-SZ- PCZ��TS Thy oi� �... �2ti1C,Q cx�lQ �loman ham causmci.{bo bama6co ber*79 a auk-'8mg(Oa c'-�F1Q-Fol(a��n9 d��c���c�x4 Fo fac*- : {� Dc-e zv,raoN: i Co {'Z czc�d �f S cznd +kw klQ�-1C546 - owd4 � ovauWiviS(or . being iu-ihe (:-1�1rul'C- �-� P)wk 30-� ��, 4) o-P -Ozo- Qgcc6c!;, CP F�,bda Caucrk,,( ��Ovk O c zota. Qad acxi f.64 t o-P Lks � G �){Z Dte and khe wc,4 45 Paz+ A�-S . Got'M lRg io -E Pa4 -4w-rw� R¢cocz��o� Lid¢. 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