HomeMy WebLinkAboutR-84-1328J-as-9aa
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the plat:
FLORIDA:
RESOLUTION N0.894-1328
A RESOLUTION ACCEPTING THE PLAT ENTITLED
DAMIANO'S COMMERCIAL TRACT, 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
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
Section 1. The plat entitled "Damiano's Commercial Tract" is a
resubdivision of a portion of Tract "T" of Reid Acres as recorded in Plat Book 50 at
Page 84 of the Public Records of Dade County, Florida, all lying in Section 18,
Township 53 South, Range 42 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 accepting and confirmed by the City of Miami, Florida.
Section 2. The Covenant To Run With The Land executed by Victor A.
Damiano and Emily C. Damiano, postpoing the immediate construction of sidewalk on
N.E. 67th 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.
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 COMMISSION
MEETING OF
DEC 3 1984 -
RESOLUTION No.84
awU
REMARKS.
R f�
PASSED AND ADOPTED this 3rd day Of Decemb. 9 1984.
ATTEST:
LPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
APPROVED AS TO F C T ESS:
LUCIA A. UGHER
CITY ATTORNEY
- 2 -
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Howard V . Gary
City Manager
FROM:
Donald W. Cather
Director of Public Works
DATE October 4, 1984 FILE:
SUBJECT "Damiano's Commercial Tract"
Resolution Accepting Proposes
Record Plat, Located at
N.E. 67th St. & N.E. 4th Ave.
REFERENCES:
For Commission Meeting of
ENCLOSURES. October 25, 1984
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 "Damiano's Commercial Tract" is
a resubdivision of a portion of Tract 'IT" of "REID ACRES" as
recorded in Plat Book 50-84. The plat consists of one tract
containing 2.31 + acres. It is zoned I - 1/7.
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. 14 showing
property platted colored in red
RB:td
cc: Manuel Alvarez
84'--1:328
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THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
October 4, 1984
REPORT OF PROPOSED RECORD PLAT OF
"DAMIANO'S COMMERCIAL TRACT"
LOCATED AT N.E. 67 STREET & N.E. 4 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled "Damiano's Commercial Tract"
was prepared by Denes & Denes & Assoc.
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 a portion of tract
"T" of REID ACRES (Plat Book 50-84) in the West 1/2 of
the Northwest 1/4 Section 18-53-41. The plat consists of
one tract containing 2.31 + acres. It is zoned I - 1/7•
(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 Eugene Denes, Registered Land Surveyor,
this Plat complies with the plat filing laws of the State of
Florida.
(4) The attached Certificate of Title Examination dated
September 25, 1984, signed by Bart L. Cohen, Attorney,
indicates that the fee simple title to the property platted
is correctly vested in Victor A. Damiano and Emily C.
Damiano, his wife and the Plat has been correctly executed.
(5) The area platted is not encumbered by a mortgage.
i
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
October 4, 1984
REPORT OF PROPOSED RECORD PLAT OF
"DAMIANO'S COMMERCIAL TRACT"
LOCATED AT N.E. 67 STREET & N.E. 4 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
* * * * * * * * * * * * * * * * * * * * * *
The accompanying Plat entitled "Damiano's Commercial Tract"
was prepared by Denes & Denes & Assoc.
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 a portion of tract
"T" of REID ACRES (Plat Book 50-84) in the West 1/2 of
the Northwest 1/4 Section 18-53-41. The plat consists of
one tract containing 2.31 + acres. It is zoned I - 1/7.
(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 Eugene Denes, Registered Land Surveyor,
this Plat complies with the plat filing laws of the State of
Florida.
(4) The attached Certificate of Title Examination dated
September 25, 1984, signed by Bart L. Cohen, Attorney,
indicates that the fee simple title to the property platted
is correctly vested in Victor A. Damiano and Emily C.
Damiano, his wife and the Plat has been correctly executed.
_. (5) The area platted is not encumbered by a mortgage.
(6) In accordance with the requirements of Chapter 540 of The
Code of The City of Miami, Florida, a Cashier's Check in the
amount of $119000 has been tendered by the owner, Victor A.
Damiano. This Cashier's Check has been deposited with the
Director of Finance and will guarantee the completion of the
subdivision improvements according to the provisions of the
Agreement between the City of Miami, and the aforementioned
Victor Damiano. The improvements required at the property
platted are listed as follows: Landscaping, sidewalk and
railroad track removal including related road work.
(7) It is recommended that the attached covenant be accepted
postponing the immediate construction of sidewalk along N.E.
67th Street 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. 14.
(9) The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
alter K. Brown
Cadastral Engineer
RB:td
- 2 -
i
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
AND
VICTOR A. DAMIANO AND EMILY C. DAMIANO, HIS WIFE
FOR IMPROVEMENTS AT
"DAMIANO'S COMMERCIAL TRACT"
LOCATED AT N.E. 67TH STREET AND N.E. 4TH AVENUE
LANDSCAPING $ 39200.00
2 Shade trees in corner parkway areas
5 Shade trees immediately behind sidewalk
along 67 Street
9 Shade trees immediately behind sidewalk
along 4 Avenue
Resod corner parkway areas
SIDEWALK $ 29900.00
Approximately 1600 Square Feet
RAILROAD TRACK REMOVAL $ 2,500.00
Including road work
ESTIMATED COST OF IMPROVEMENTS $ 89600.00
(10%) CONTINGENT $ 860.00
(16%) ENGINEERING $ 19513.60
TOTAL $10,973.60
AMOUNT OF CASHIER'S CHECK $11,000.00
*Information concerning the landscaping requirements shall be
obtained from the City of Miami Planning Department.
94vw1328
i�
AGRET-4MENT F01 CONSTRUCTION OF CERTAVI I:do°0'IEMENT
PURSUANT TO PROVIS10N' OF
CHAPTER 54, SEC -LION 54- 30
THE LODE OF THE CITY OF MIAMI, FLORIDA
WHEREAS,Z!�'ft r.
(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
ac--eptarce and confirmation by the Commission of said City, of
a certain proposed plat of a subdivision to be known as
.01
7-XAC7-6 a copy of which proposed
p!.a t is attached hereto and ;,lade a part hereof as Exhibit "A";
and
WHEREAS, Chapter 54, Section.54-30, THE CODE OF. THE CITY
=' HIA "; FLORIDA, requires that any proposed plat, submitted
o said Commission for.acceptance and confirmation shall be
acconaanied by ar. Agree ent entej.•ed Into Ly C:%ae: of the
land being platted, with the r1rector of tbo 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 or Cashier's Check;
N0W, 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 j isted and described upon the estimate of
.cost of said improvements, a copy whereof is attached -hereto
Form W 0178 Rev 5 /81
P
..
yti
M
as Exhibit "B" and made a part hereof, Although one year is allowed
for the completion or 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
ne'fghborhood. After the work is started, the Owner hereby agrees to
prosecute said work progressively so as to complete it in a reasonable
ler.gsh of .time as determined by the Department of Public Works. The
Cwner hereby agrees to abide by all of the provisions of the "Guida nor
wor'.: in the Public Right -of -Way", a copy of which is attached hereto and
by this reference made a part herof.
2. In accordance with the provisions of said Chapter-54, Section
54-30, THE CODE OF THE CITY OF MIX41, FLORIDA, the Owner herewith
deposits with the City a Cashier's Check in the amount of
•:•:rich account, is not less than Qne hundred (100%) percent of the
estimated cost of the construction of the ttmprovements listed in the
attached Exhibit "B", plus twenty-five (25%) percent for engineering or
contingent costs and damages, the conditions of the deposit thereof
beins: such that if the Owner shall fully and faithfu?.iy 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
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.
Force 91 #178 Rev 5/81
IPt :1Ii►t�C� HHE!"E0?, the Oaner has caused this Agreement to
be executed in triplicate this day of
.D., 19_
Signed, Sealed and Delivered
in the Presence of: 0 ne
•`„r l� (SEAL)
(STAL )
(SEAL)
(SEAL)
(SEAL)
ATT
ecrez ry
(Corpotate S
ATTEST:/
ear$tary
(Corp rate Se.II) �.. '
Pres'dent
Approved and accepted on behalf of the City of Miami, Florida,
this _�_ day of j,�c�Th/�E.Q A.D., 19�-
WITNESSES:
F.+w..i OV p1 Ta Ops• a /q'I
By: -
Director, Department of Public Work:
s
OWN
STATE OF FLORIDA
SS
C3UNTY OF DADE )
I HEREBY CERTIFY that on this day personall/
appeared before me, an officer duly authorized to administer oa:b3
and take acknowledgments, /A IV 40
AW' sw/ter
to me well known to be the person(s) described lit -rein 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
County of dV /4 ,V F and State of
this C end -
day of �,r�/-J7'-Fjyl 0;, A. D. 19 177 f
yL � —
= �ydoe
Notary Public
My Commission Expires:
NOTARY PMUC STATE OF FLONDA AT LARKG[ '
MY COMMIWON lki$ ucL 4 110d5
OONDED TMRU GENERAL. INS, UNDERWRITERS
Form PW 0236 Rev. 5/69 : ,..
OV Ot
'
! COVENANT TO RUN WITH THE LAND
j WHEREAS, VICTOR A. DAMIANO and EMILY C. DAMIANO,
his wife. ,
&ereinafter 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 oresent fee
simole owner of a subdivision entitled Damiano's
r`nmmarnial Tra 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: '
11
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
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 4403 Palm Lane, Bay Point,
Miami, Florida 33137 .
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 subdivi.sion
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.
00
- 2 -
84w1321f
4V7
IN WITNESS WHEREOF the OWNER has caused this agreement
to be executed this ,,9ff- day of September A.D. 19 84
Signed, Sealed and Delivered OWNER
in the Presence of:
}
(SEAL)
lam' SEAL)
4C�D4
(SEAL)
( SEAL)
(SEAL)
(SEAL)
ATZEST: i
As 5ecr tary
(Co porate al)
ATTEB►T:
ecret4ary
(Cotporate/Seal)
APPROVED:
epartment o Public or s
THIS INSTRUMENT WAS
PREPARED BY:
-3-
00
APPROVED AS TO FORM AND
LEGALITY:
City ttorney
P
$4
STATE OF FLORIDA ) .
r ) SS -
COt?NTY OF DADE )
I HEREBY CERTIFY that on this day personLlll
appeared before me. an officer duly authorized to administer oaths
and take acknowledgments.,
VICTOR A. DAMIANO and EMI•LY C. DAMIANO, his Wife,
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that they
executed the same freely and voluntarily for the purpose therein expressed.
WITNESS my. hand and official seal at
County of Dade and State of Florida
this day of September A. D. 19 84
Notary Public
State of Florida at Large
My Commission Expires;
NDTAKY MUC STATE OF FMDA AT' LA10GP.
MY rArA1AAC1Q►J 6 picas MG i ;MG
PONDED THAU GEMitAL INS. UNDEAWRITE4
Form • pW OZ36 Rev. 5/69
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 its 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
$pTereh@r- 19 A.D. 1984 . at 8:00 A.M., inclusive, of the following described real property:
(Describe only realty to be subdivided)
A portion of Tract "T," of REID ACRES, according to the Plat
thereof, recorded in Plat Book 50, at Page 84, o: the Public
Records of Dade County, Florida; lying and being in the City of
Miami, Dade County, Florida; described as follows:
BEGIN a the Northeast corner of said Tract "T"; thence run N.
88*40104" W., along the North boundary of said Tract "T", for a
distance of 222.855 feet to the Point of Curve; thence run South-
westerly on the boundary of said Tract "T", along the are of a
circular curve to the left, concave to Southeast, having a radial
of 25.00 feet, a central angle of 91.21130", through an are
distance of 39.86 feet, to the Pcfint of Tangency; thence run S.
0.01134" E. along the West boundary of said Tract "T", for a
distance of 250.98 feet to the Southerly line of a railway Ease-
ment as described in Deed Book 371.9, at Page 148 of the Public
Records of Dade County, Florida; thence run for the next four
courses along the Southerly line of said railway easement as
follows: run Southeasterly along the are of a circular curve to
the right, concave to Southwest, having a radial of 337.28 feet,
a central angle of 10.0712611, through an are distance of 59.59
feet, to the Point of Tangency; thence run S. 45031113/1 E. for a
distance of 129.53 feet to the Point -of Curve; thence run
Southeasterly along the are of a circular curve to the right,
concave to Southwest, having a radial of 351.26 feet, a central
angle of 37.3414611, through an are distance of 230.39 feet to the
Point of Tangency; thence run S. 7*5612711 E. for a distance of
72.37 feet to a point on the East boundary of said Tract "T";
thence run N. 0.0113411 W. along the East boundary of said Tract
"T" for a distance of 552.40 feet to a point; thence run N.
0.47127" W., along the East boundary of said Tract "T", for a
distance of 120.70 feet to the POINT OF BEGINNING; containing
2.3149 acres, more or less.
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:
VICTOR A. DAMIANO and EMILY C. DAMIANO, his wife.
111.06-11 — PAGE 1
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS
L 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.
rr+.a.rr ►mac s
Therefore it is my (our) opinion that the following parties must join in the platting of the
above described teal 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 es
1 DAMIANO'S COMMERCIAL TRACT
SPECIAL EXCEPTION
NAME INTEREST NUMBER
None.
I, the undersigned, further certify that 1 am an attorney -at -law duly admitted to practice '
in the State of Florida, and am a member in good standing of the Florid Bar.
Res ctfu y submitte this ,25� day
of 19 . $ 4_
}
NAME
ART L. COHEN, ESQ.
ADDRESS 3rd• Floor
Coral Gables, Florida 33134 ,
rlr.os-11 .. PAQZ S
�+ S T.
41
"LAMIANO'S C^!'MERCIAL"
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