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HomeMy WebLinkAboutR-84-0713J-84-575 7/3/84 RESOLUTION NO. 84- 713 A RESOLUTION ACCt3PTTNG THE PLAT ENTITLED HIGHLAND PARK DRIVE SECTION 2. (MORE PARTICULARLY DESCRIBE D HERETM ) , A SUB- DIVISION IN THE CITY OF P-9TAMI; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; 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; FURTHER, PROVIDING FOR CONDITIONS UPON SUCH ACCEPTANCE. 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 Highland Park Drive Section 2 is a replat of tracts 6, 7 and 8 of Jackson Memorial Hospital Tract Additions, according to the plat thereof, as recorded in Plat Book 115, at Page 85 of the Public Records of Dade County, Florida, and portion of N.W. loth Avenue adjacent thereto, all lying in Section 35, Township 53 South, Range 41 East, City of Miami, Dade County, Florida which subject plat by reference is made a part Hereof as iL fuily 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 City Manager and City Clerk are hereby authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Dade County, Florida. Section 3. The herein approved acceptance is conditioned upon the completion of the N.W. 9th Avenue I3y-Pass. PASSED AND ADOPTED this 28 day of June , 1984. ATTEST: RA/PH G. ONGIE LITY CLERK Maurice A. Ferre MAURICE A. FERRE MAYOR CITY C011411,1ISSION MEE1'11*Nt; C; JUN 28 1984 PREPARED AND APPROVED BY: IJ etv 440V APPROVED AS TO FORM AND CORRECTNESS: OSt:. UARC LA-FE1�K05A CITY ATTORNEY GMM/wpc/ab/288 -2- 84-'712 r,, W TO.. Howard V. Gary DATE: June 12, 1984 FILE: City Manager SUBJECT: Highland Park Drive Section 2 Resolution Accepting Proposed Record Plat, Located at 14.1,14. 1 _ Street to 17 Street and N.W. 9 FROM• REFERENCES: to 10 Avenue ENCLOSURFS Do al W. Cather For Commission Meeting of Director of Public Works Jut��8_; 1q.8�L 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 HIGHLA14D PARK DRIVE SECTION 2 is a replat of tracts 6, 7 and 8 of Jackson Memorial Hospital Tract Additions, according to the plat thereof, as recorded in Plat Book 115, at Page 85 of the Public Records of Dade County, Florida, and portion of N.W. 10th Avenue adjacent thereto. The plat consists of 3 tracts containing 4.53 ± acres. It is zoned 0-I/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 for:.i pertaining to subdivision improvements (4) Opinion of Title (5) Memorandum from the Hi,:mi-Dade Water and Sewer Authority pertaining to water mains and appurtenances (6) Portion of City 'Zoning Sheet No. 24 showing property platted colored in red WKB: td 84--'713. 4 Go ti THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS June 12, 1984 REPORT OF PROP05ED RECORD PLAT OF HIGHLAND PARK DRIVE SECTION 2 LOCATED AT N.W. 15 STREET TO 17 STREET AND N.W. 9 TO 10 AVENUE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled Highland Park Drive Section 2 Was prepared by Schwebke --- Shiskin & Assoc., Inc. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: (1) The property platted is a replat of tracts 6, 7,and 8 of Jackson Memorial Hospital Tract Additions, according to the plat thereof, as recorded in Plat Book 115, at Page 85 of the Public Records of Dade County, Florida, and portion of N.W. 10th Avenue adjacent thereto. This plat consists of 3 tracts containing 4.53 + acres. It is zoned 0-I/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 Donald E. Burns Registered Land Surveyor, this Plat complies with the plat filing laws of the State of Florida. (4) The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of that portion of Northwest 10th Avenue Between the South right-of-way line of Northwest 17th Street to a point 675' + South of said right- of-way line, being; the North right-of-way line of Northwest 15th Street, subject to the Department of Public Works report that the construction of the 9th Avenue by-pass road be completed. This action was confirmed by City Commission Resolution No. 84-478. N s4-7i3 (5) The attached Certificate of Title Examination dated RJune 4, 1984, signed by Robert L. Blake, Attorney, indicates that the fee :3jmpl.e title to the property platted is correctly vested in Dads, County and University of 'Miami and the Plat has been correctly executed. (6) The area platted is encumbered by mortgages and the mortgage holders have executed the Plat and joined in its dedications. (7) In accordance with the requirements of Chapter 54, Section 54-30, of The Code of The City of 'Miami, Florida, the performance Bond has been waived due to the fact that this plat involves another governmental agency. The improvements required at the property being platted is asphaltic concrete pavement, removal of existing; sidewalk, removal of existing curb and gutter, sidewalk, curb and gutter, storm drainage structures, and remove wall at the property platted. (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. 24. (9) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. Walter K. Brown Cadastral Engineer RB:td 84-'72k3 i EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE PUBLIC HEALTH TRU T OF DADS COUNTY, FLORIDA AND THE UNIVERSITY OF HIAMI FOR IMPROVEMENTS AT HIGHLAND PARK DRIVE SECTION 2 LOCATED AT N.W. 15 STREET TO 17 STREET AND N.W. 9 TO 10 AVENUE ASPHALTIC CONCRETE PAVEMENT Approximately 140 Square Yards REMOVAL OF EXISTING SIDEWALK Approximately 1325 Square Feet REMOVAL OF EXISTING CURB AND GUTTER Approximately 230 Lineal Feet SIDEWALK Approximately 1460 Square Feet CURB AND GUTTER Approximately 270 Lineal Feet STORM DRAINAGE STRUCTURES REMOVE WALL Approximately 60 Lineal Feet _- - Ll e4--r713. cc/1 or 3 . "FUC':'ION OF CERTAIN I:'PROVEMENTS u:;SUAN'T TO PRO I310, 3 OF CHAPTER 511, SECTION 511-20 THE CODE OF THE CITY OF MIAM , FLORTDA #�EiFf�##Eartxx�����,czXsatm{c2e WHEREAS, —THE p�L��J���p��Qg D�nE�COUtrTY, FLOR DA r.._ (hereinafter re"erred to as the "O,,,ner"), concurrently with the delivery of this A;r eement , has applied to THE 1-,ITY OF I-IIAMI, FLORIDA, (hereinafter referred to as the "City"), for the acceptance and confirmation by the Cc, --mission of said City, of a certain proposed plat of a sutdf- ision to be lino`;,,n as TG11LAUD ENE n 21 —c1 =Q:1_'Z19.a cop; of which pr posed pl_t is a . .ac h d hereto an�f 7::ad,c a part. hereof as 'Exhibit "A and t�TiiE?,EhS, Chapter 5� Section 54-20, THE CODE OF THE CITY OF MIAAII, FLORID:,, requir"es that any proposed plat, suw^itted to said Corr.-nissicn for acceptance and confirmation shall be accon�-,r.ied by an Agreement entered into ty the Owner of the land being platted, with the Director of the Depart:-ent of Public Wo.-ks on behalf of saf : City, for the construction of certain improvements therein enumerated, the performance of which Agreement shall be secured by a good an^ sufficient Performance Bond or Cashier's Check; NOW, THERE ORE, the Owner hereby covenants and agrees with the said City 2s follows: I. 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 C1ty o,L" Miami of a Certificate of Occupancy for the premises, the: Oti,ner kill construct, or cause to have cDnstructed, at hss own expense and in accordance with standard speciSleal:ions of saic City, all improvements as are listed and describoOl upon the estirnate of cost of said improvements, a copy whereof'ir, attached hereto PW #178 Rey 5 /81 . 17 84—:13 as Exhibit "B" and made a part hereof, s" f<_ oT 3 Alt hra ,F', ,.,fly. tear is allowed for the completion of the 1fnremf7n--i_0ned i_r„rr,ruts, a g. is not in t,,Ie pllh1.1c 3_nr.rrr�r t_hnt- !,-urh f^�?x> l:rrtrt:1_�'l 'off+;_4c St'?�:'..�l.C� 1Je p::?.tongPd to the enct::ent' di sor:garta.7i_ng r'f. -eCL r.ipon the neighborhood n Af to the work is st:aster, the (_°saner lie reby agrees to prosecute 4 i..d work progr.essi_vely so as to complete it i_n a reasonable lergrh of time as determined by the D,^partment- of public Works. The Owner hereby agrees to abide by all of the provisicns of the "Guide for Work in the Public Right: -of -Way", a copy of which is attached hereto and by this reference made a part herof. 2. -T-nh-i,he.--{azcau :� � -off caad->i�t�gte�-54,-Secv . 54-20, THE CODE OF THE CITY OF MIA4I, FLORIDA, the Owner herewith ' i deposits with the City a Cashier's Check in the amount of $ � which amount is not less than gne hundred percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus tv=t-)-scum- (27 io) percent for engineering or contingent costs and damages, the conditions of the/deposit thereof bein's such that if the Owner shall fully and fa'thfully perform the work O in accordance with the te_=s of this Agreement and has submittr:d to the City of Miami Department of Public Worksla�letter from a Registered Land Surveyor certifying that the 7Permrnent.Reference Monuments indicated Ion the Plat have been installed anperly placed, the amount of said check shall be returned to the caner; otherwise, in the event of the failure or neglect of the OK /_rto perform this Agreement, said check shall be applied by said ty to the cost of constructing or completing the improvements, toge.ier with any engineering or contingent costs, and any damages direct Ir indirect, not 'to exceed tY.,,-_nty-sei­t2n(277.) percent thereof, which s;li_d City uiz,y sustain on account of the failure of the Owner to carry out and excr.ute all of the provisions of this Agreement. Owner further covenant:. Vinci agrees to pay the said City reasonable i attorneys-'-fees-3�i-lie- event-c�C-the Owner `-s de fault. This Paragraph (2) waived by City of Miami per letter of William E. Parkes, Assistant Director, DPW, February 17, 1984 (See attached Exhibit "C"). - 8V13 - �v . . . . . . . . . . . .. .. CC/3 of 3 IN WITNESS wEERF,or, the Owner has caused this Agreement to be executed t in quadr-uplicate (ore originaland the next three carbon copies) this 1 com r day o£—May ATTEST: 6. 6j, )=X&VX:Xkx Witness X C7OfjX}f?frXX-XXwwX A T: XXKXX. X Witness O(X=XY'OwXX?fXX:CX The Public Heal#h— rust of Dade Co., Fla. Pri ipal Corporation) XKQ KX President The Public Health Trust of Dade Co., Flh. Principal (Corporation:) Vice President Approved and accepted on. behalf of the City of Miami, Florida, this ,day of, E— A.D. , 19�. By: Director, Department of Public orks WITNESSES: Form PW #178 Rev. 8/77 !i CORPORATION FORM e f 7 1' 'vi 1 :v;`z- 7:7,, the OWNER has caused t:�:....' ,r•a.,......._... ... I. . and signed in its name by its proper officers, and its corporate seal to be affixed hereto and attested to by its Secretary the day and year first above set forth. Signed, Sealed and Delivered in the Presence o_f.: 61 ( t M UTxtness STATE OF FLORIDA ) COUNTY OF DADE ) The Public Hea1t ust of Dade Co. Fla. XXXX President --, XXXkXX .Vice President CORPORATE SEAL I HEREBY CERTIFY that on this 6 / day of A.D, 19X11, before me personally appeared Fred J. Cowell, Glenn F.-Peterson and Larry 0. Will-ims `Public Health Trust, and Jercm E. Curley, on behalf of the a corporation under the laws of the State of Florida, to me known to be the persons who signed the fore- going instr=ent as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corp- oration, -and that the said instrument is the act and deed of said corporation.' WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, the day and year last aforesaid. NOTARY PL'FL IC STATE CF FLCf IDA AT LARGE MY CO:',;,11;S�G'1 EXFI�iS r:OV 3 19e,5 Myssl'^Ex�ii e<�•"vRITERS Notary Public, State of Flo, ida at Large APPROVED AS TO FOR11 & CORRECTNESS City Attorney APPROVED Direc or, Department of public Works This Instrument Prepared by Departinelit of_T,aw —City of Miami Florida 4 ` 4-71a !bL+ti,�t'.��4ti:i,+►+k�A'lrJrECY'�+„y'yrR*a .�EU'"':�u1wUR�('!�"S.a'Jili7�� .. , - .. .. 1,�',,!� h;``r�?S: t'-Yk'..:�::"4'S4s'ti'i� .�3?t`SC,•�k* .. _ ... -'"� .. rTT+- ' EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and the PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA for IMPROVEMENTS AT HIGHLAND PARK DRIVE SECTION TWO ASPHALTIC CONCRETE PAVEMENT $ 1,260.00 Approximately 140 Square Yards REMOVAL OF EXISTING SIDEWALK $ 1,325.00 Approximately 1325 Square Feet REMOVAL OF EXISTING CURB AND GUTTER $ 575.00 Approximately 230 Lineal Feet SIDEWALK $ 2,678.00 Approximately 1460 Square Feet CURB AND GUTTER $ 2,025.00 Approximately 270 Lineal Feet STORM DRAINAGE STRUCTURES $ 3,000.00 REMOVE WALL $ 300.00 Approximately 60 Lineal Feet ESTIMATED COST OF IMPROVEMENTS ri $11,163.00 (10%) CONTINGE1T $ 1,116.30 (16%) ENGINEERING $ 1,964.70 TOTAL $14,244.00 • c� 84-r71�. t CC/2 it 3 •` - ......t,.i Fop, CONSTRUCTION OF CEP.TAI I;lPP.OVE,•iE.:TS PURSUANT TO PRO ISIO` 3 OF CHAPTER 54 ► SECIA ION 54-•20 TKE CODE OF 77' CITY OF MIAMI, FLORIDA THE UNIVERSTTY OF PATAMI MHEREAS, (hereinafter ref, reed to as the "Ov,ncr") , concurrently with the delivery of this Agr eemcnt, has app1ied to THE. "'ITX OF MIAM FLORIDA, (hereinafter referred to as the "City"), for the acceptancc and confirmation by the Cc.= ssion of 5aid City, Of a certain proposed plat of a subdivision to be known as HIGHLAND PARK DRIVE SECTION Tcv'O a copy of which proposec rl_t is at.ached hereto and made a part hereof as :.xhlbit "A"; and WHEREAS, Chapter 54, Section 5�-20, TKE CODE OF T'r:B CITY OF MIXIII, FLORIDA, requi-es that any proposed plat, sut-mitted to said Con.mission for.acceptance and confirmation shall be accon=anied by an Agreement entered into by the Owner of the land being platted, with the Director of t::e Department of . Public Wcyir •:s on behalf of sa_d City, for t:1e construction of certain inp ovements there=n enumerated, the performance ' of which Agreement shall be secured by a good and sufficient ---- Performance Bond or Cashier's Check; NOW, THER.-TORE, the Owner hereby covenants and agrees with the said City as follows: I. Within one (1) year from the effective date, of the acceptance and cor:flrmatien of' said plat by the Commission•- of said City, or prior to the Issuance by tree City of Mliami of a Certificate of Occupancy for the premises, the Owner u:ill construct, or cause to hay+e consiructed, at his own expense and - in accordanct- ult,tz btand�ird of Laid City, all 1nprovement2i as sire listed and descrjbt�d upon the estimate of cost of said improvements, a copy whereof it attached hereto •- .. _Fora PW 1178 Rey 5 Al .. - - . • - -- - - -- �— :.. ".. 84--713, LIN . ^ . C*cch n as Exhibit "B" and made a part hereof, Although ane yrnr is allowed for the comp].et-ion of the Aforementi.onerl it is not in the publa.r_ a.�?tcA.esc tta�at each can,tx�acta.r�ctosc €nc,:.,.-c, 13F;a1,c3ned to the 4`?;f s'Y1$' 1 1a.t 51:A VC317a.f DAVP F3 [$� �'��F�i all ,i.7_fl�_� rffr:E_ct tipon the neighborhood. After Mahe vork i.e € t:=ax.t cis the Owner t±nrelay agrees to prosecute said 'POrk: progrPrsiVCly sa as to complete it in a reasonable ler.ath of time as determined by the Department of Public Works, The Owner hereby agrees to abide by all, of the pxovisicns of the -"Guide for !.'ork in the Public Right -of -Way", a copy of which is attached hereto and by this reference made a part: herof. 2.�-r�oL<ar,a->:a--prvT_n e 54-20, THE: CODE OF THE. CITY OF MIAMI, FLORIDA, the Owner herewith deposits with the City a Cashier's Check in the amount of $ which amount is not less than @ne hundred (1007.) percent of e estimated cost of the construction of the improvements li teC3 in the attached Exhibit "B", plus twx—_:-,y-seven(27%) percent for engineering or contingent costs and damages, the /nhf th deposit thereof being such that if the Owner shalla' hfully perform the work in accordance with the terms of thand has submitt�:d to the City of Miami Department of Publictter from a Registered Land Surveyor certifying that theeference Monuments indicated fon the Plat have been installed anplaced, the amount of said check shall be/bd to the nerr otherwise, in the event of the failure or nee Ow �r to perform this Agreement, said check, shall be applity to the: cost of constructing or completing 4 the improvemener wiLla any engineerinL? car contingent costs, and any darn:�ges dizdirect, trot°ta exceedW t}�-scr.�t27-) ��ercentthereof, whicI.�y-ustain 01-1 arcn�:nt of the failure of the Owner to cart/ourLad f-=cute all Of "the prDVisiaris of this agreement. Owner furtYer cDvenan7 .L and LgreYes to 1),-Iy the t;aj8 City reasonable -- This Paragr&ph (2) vnived by City of Viami I�z- letter of Willian E. Parkes, (Assistant Director, V11W, F'e}.)ruary 17, 1964 (See att-ached E)hibit `C") . . 84-w713 CC/3 of 3 13 IN WITTIESS WHEREOF,the C4ner has. caused this Agrepment to be executed in quadxirplir,"tr(one oriqinp�l ^nci the next three carbon copies) thix—lf— day of-15L/L ft UNIVERSITY OF MIAMI 'Principal (Corporation). Approved and accepted on behalf of the City of Miami, Florida, this day of 67 cl/ A.D.. .19 by: Director-, D6p&rtzk-_ut of Public Works WITNESSES: 01 5 1 e1w15 11 Form Pw #178 Rev. 6/77 184-713 X..°'.e 01414ER hAs r_Ausse (; "h..-- ------ _ "n and Signed in its nn.rne by its proper_ offi.rrrn, and Its corportatt soed.L to be affixed hereto n.nd attested to by i-ts c_retnry t.be c3ny ^nd yi-Ar frnt above set forth. Signed, Sealel and )_i.vrmd in the Press-n of: _ �+?1.X-'nESs _ !•7atnLSS Wi;mess Pr es ent Vice President Bernard J. Fogel, M.D. CORPORATE SEAL DOROTI Y jXf. P,,1L� Ru 5 STATE OF FLORSDA ssist=t ISecretaiy of the Uai�•ersity ) . COU2:TY of DADE ) I HEREBY CERTIFY that on this 00 day of A.D, 19�f before me personally appeared Bernard J. Foge M._D_ ., Vice -President of the University of Miami a corporation under the laws of the State of Florida, to me known to be the persons who signed the fore- going instr=ent as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corp- oration,.,and that the said instrument is the act and deed of said corporation. . WIT'h'ES5 my hand and official seal at Miami, County of Dade, and State of Florida, the day and year last aforesaid, MAK-Y PL'SEIC STATE Cif RC:IDA AT LI,R�E MY CG1,th'.ISS:0:I E:,rI: S ,:J✓ 3 IVGS P. _ Hy CorrU SSion Expires':Notary Public, State oe Florida at Iirge APPRM= AS TO FORM G COPJ: ECTNESS APPROVED City Attorney Director, Department of public Works this 1rstru��t Vrepare6 by Ilep�*�nent {�f_j�w City of Mia Y1Qrida '• i p 3 - 84--713 EXHIBIT "B" TO ACCOMPANY THE AGREF-"=T BETWEEN THE CITY OF MIAMI, FLORIDA • and the PUBLIC HEALTH TRUST OF DAZE COUNTY, FLORIDA for IMPROVF2•1ENTS AT HIGHLAND PARK DRIVE SECTION TWO ASPHALTIC CONCRETE PAVEMENT $ 1,260.00 Approximately 140 Square Yards REMOVAL OF EXISTING SIDEZrALK $ 1,325.00 Approximately 1325 Square Feet REMOVAL OF EXISTING CURB AND GUTTER $ 575.00 Approximately 230 Lineal Feet SIDEh7ALK $ 2,678.00 ' Approximately 1460 Square Feet CURB AND GUTTER $ 2,025.00 Approximately 270 Lineal Feet STORM DRAINAGE STRUCTURES $ 3,000.00 REMOVE WALL S 300.00 Approximately 60 Lineal Feet ,r ESTIMATED COST OF IMPROVEMENTS , $11,163.00 (10%) CONTINGENT $ 1,116.30 (16%) ENG1NEER11IG S 1,964.70 TOTAL $14,244.00 f 1 11 84- 713 OP I t1l IO;t ) T i' T T APK I have examined Title covering the period from March 31, 1983 at 4:00 p.m. to J;anr� 4, 1.9R,1 at 4:00 p.m., for tentative plat of HIGHI,ANT) PARK DRIVI,, SE( TTON 2, prrtai.nina to property described in the Opinion of Title and the St_ippl_ement to Opinion of Title, dated May 23, 1933 and January 31, 1984, respectively, and basing this opinion on .said examination of the Title Searches covering the period from March 31, 1983 to June 4, 1984, I am of the opinion that on the last mentioned date, the owners and their interests described in the heretofore submitted Opinion of Title and the Suppelement to Opinion of Title remain unchanged, except the following: Herbert C. Zemel, the Fee Simple Owner of Lots 1 and 20 in Block 9 of Third Addition to Sunnybrook, has quit -claimed his interest in and to that portion of the West one-nalf (1/2) of Northwest loth Avenue as shown on Jackson Memorial Hospital Tract Additions according to the Plat thereof, as recorded in Platbook, 115, at Page 85 of the Public Records of Dade County, Florida, which lies South or the Easterly extension of the North line of Tract 9 of said Jackson Memorial Hospital Tract Additions and which lies North of the Easterly extension of the South line of said Tract 9 to Dade County, Florida. By virtue of the above conveyance, Herbert C. Zemel need not 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, the ' subdivision thereof to be known as JACKSON MEP101'%IAL HOSPITAL TRACT ADDITIONS, Recorded at Plat Book 115 at Page 85 of the Public Recoras of Dade County, Florida, and Also Known As Tracts 1, 3, 5, 6, 7, 8. Respectfully submitted this 5th Day of June, 1984 ROBERT L. LX Ai: E ASSISTAWl' �GUNTY ATTORNEY n S 84- 713 IN OP INI0',T 0T_ _i "' PARK DRJVR';f7(_' TO iJ 2 I have examined Title Soarche; coverinq the period from March 31, 1983 at 4:00 p.m. to June 4, 1.11,84 at 4:00 p.m., for tentative plat of HIGHLAND PARK DRTVG, SE�_'TTON 2, portnininci to property described in the Opinion of Title and the Supplement to Opinion of Tit].(-, dated May 23, 1933 and January 31, 1984, respectively, and basing this opinion on said examination of the Title Searches covering the period from March 31, 1_983 to ,June 4, 1984, I am of the opinion that on the last mentioned date, the owners and their interests described in the heretofore submitted Opinion of Title and the Suppelement to Opinion of Title remain unchanged, except the following: Herbert C. Zemel, the Fee Simple Owner of Lots 1 and 20 in Block 9 of Third Addition to Sunnybrook, has quit -claimed his interest in and to that portion of the West one-nalf (1/2) of Northwest loth Avenue as shown on Jackson Memorial Hospital Tract Additions according to the Plat thereof, as recorded in Platbook, 115, at Page 85 of the Public Records of Dade County, Florida, which lies South or the Easterly extension of the North line of Tract 9 or said Jackson Memorial Hospital Tract Additions and which lies North of the Easterly extension of the South line of said Tract 9 to Dade County, Florida. By virtue of the above conveyance, Herbert C. Zemel need not 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, the subdivision thereof to be known as JACKSON MEf•IORIAL HOSPITAL TRACT ADDITIONS, Recorded at Plat Book 115 at Page 85 of the Public Records of Dade County, Florida, and Also Known As Tracts 1, 3, 5, 6, 7, 8. Respectfully submitted this 5th Day of June, 1984 2 ASS IS`I'AN P /0UNTY ATTORNEY r I S 84-713 OPI'NTO" 14 Qr T1,'rLE TO: DADE COUNTY, a political subdivision of the St--ite of Florida With the understanding that this opinion of' f i.t:l,e is as an inducement for ar:conptance of a proposed finial_ suhCli.visir_.n Plat covering Lhr, real_ property hereinafter Ocneribed; T have examined Title Searches covering the period from May 28, 1,952 9:00 A.M. to March 31, 1983 at 4:00 P.M., for tentative plat of HTGHLAND PARK. DRIVE -SECTION 2., pertaining to property described in paragraphs one (1) through four (4) below; through May 3, 1983, for Tract 3 of Jackson Memorial Hospital Tract Additions, Plat Took 115, at Page 85 of Third Addition to Sunnybrook as described in paragraph five (5) below; and through May 2, 1983 for a portion of Tract 1 of Jackson Memorial Hospital Tracts Plat Book 55, at Page 5 as more fully described in paragraph six (6) below: 1. Lots 1 through 14, and Lots 15 through 28, together with the alley lying between Lots 1 through 14 and Lots 15 through 28, all being in Block 22, of Higland Park, according to the Plat thereof as Recorded in Platbook 2, at Page 13 of the Public Records of Dade County, Florida. 2. Lots 4 through 17 in Block 9, of Third Addition cn Sunnybrook, according to the Plat thereof as Recorded in Platbook 43, at page 72 of the Public Records of Dade County, Florida.* 3. Lots 1 through 10 in Block 7, of Second Addition to Sunnybrook, according to the Plat thereof as Recorded in Platbook 43 at page 38 of the Public Records of Dade County, Florida. 4. Lots 11 through 20 in Block 7 of Third addition to Sunnybrook, according to the Plat thereof as Recorder'. in Plat Book 43 at Page 72 of the Public Records of Dade County, Florida. 5. Lots 1 through 10 in Block 10 of Third Addition to Sunnybrook, according to the Plat thereof as Recorded in Platbook 43, at Page 72 of the Public Records of Dade County, Florida. *Lots 1, 2, 3, 19, 20 and the East 28' of Lots 4 and 17 in Block 9 of Third Addition to Sunnybrook, (commonly knot�;n as Tract 9) as Recorded in Plat Book 43 at page 72 are not owned by the County of Dade, but are vested in Herbert C. Zemel, as Trustee under the provision of a Trust agreement dated '.lay 23, 1978 and known as Trust No. 201. Lot 18 in Block 9 of `Ihird Addition to Sunnybrook as Recorded1 in Plat Book 43 at Page 72 is vested in Academnic Investment Inc., a Florida corporation. 0 . ­ --'*- ­ - i _)$ ­ 84-713 :. : 6. A portion of Tract of JA `• t '_ ""'T?,f, iit:� l' T T� t ! TRACTS, ar:t'nrclinq t t) itlj?1.�"._ t ter rrf � I-rsf-orded in r r) a t= Paq" Plat Ftr,ok ?.:_ 5 OF ilk,' j'+ti)i.i(, j`'?Cr>r<l^, cif T)ddf? County, rl.nr i d.a , h-inq nf)T-r i i,t)ed c).f; } f_ 01. l n �.J C j3 n (� i_ n 3 t: ") c) l it t _ r) S 1 t'. f ! t'; f _ 1 in slid ,' l n r � Tract- l., ni_ci1 }point i.^ ai_^r t::h ��tn t.h-.-�;t_ r.ner of Tract. 3 of ,il�.Ct :;ota �9t;r�t7RTnr, JTO.'�PTIAT T ACT AD )ITIONS, according to t_hn j>1_at: t:.herrof rer,or( ncl in Plat rook 115 at Page B 5 of the Ftihl.ic Rec,nr(Is- cif f?acle c'otinty, Florida; thence run S 89 06'1.3`' W. along thra North line of said Tract 3 for a distance of 168.59 feet; thence run N 0 43'24" W for a distance of 60-27 feet to a point of intersection with the Westerly extension of the North wall of Building No. 44 of Jackson Memorial_ Hospital Complex; thence run N. 89 Zit' 26"E along the North wall of said Building No.44 and its Westerly extension for a distance of 168.59 feet to a point on the East line of said Tract 1; thence run S 0 43'24" E along the East line of said Tract 1 for a distance of 65.67 feet to the Point of: Beginning, a/k/a the Old Bascom Palmer rye Institute Site, 1638 N.W. loth Avenue, Miami, Florida. By conveying the real property described and conveyed herein, it is the intent of Dade County to terminate j and relinquish any and all interest in and to all leases on the said real property between Dade County and the University of Miami, including that certain lease agreement dated Januiry 3, 1957, filed August 7, 1964 under Clerk's File No. 64R-125366 and modified by instrument filed August 7, 1964 under Clerk File No. 64R-125365. Basing my opinion on said Title Search covering the period from May 28, 1952 to March 31, 1982 at 4:00 p.m., I am of the opinion that on the last mentioned date, the fee simple title to the real property described in the first four (4) Paragraphs above was vested in Dade County, Florida a political subdivision of the State of Florida, except the following which is vested in Herbert C. Zemel, as Trustee under provisions of a certain Trust Agreement dated May 23, 1978, known as Trust No. 201, One S.E. Third Avenue, Miami, Florida: That portion of the South 25 feet of N.W. 16th Street, lying between the Westerly line of the East 28 feet of Lot 4, in Block 9, of Third Addition to Sunnybrook, P3 43/72, of the Public Records of Dade County, Florida, extended, and the Easterly line of Lot 1 in said Block, extended; and that portion of the North 25 feet of N.w. 15th Street lying between the Westerly line of the Lest. 28 feet of Lot 1.7 in said Block, extended, an the Easterly line of Lot 20 in said Block extended. On the last mentioned date of search, the real property described in paragraph five (5) above was vested in Dade County, Florida. • 7 84-'71.3 On the 1.ast mentioned date of 5-nt - 1 . ':hn real property described in para 7r:-iph six (6) ahoi,,- ;as in the University of Miami, Incorpora,:,7{1. a to cnr nr,t i.on. This opi.ninn-YCTi__ !ri i t ifi 1. to F-mb is streets beyond the boundaries of 7, 9, 1.0, 22 and Tract 1. above. GTNE,RAT, T 3CC T71'PTTONS 1. All taxes for the year 1933 unless noted below that such taxes have been paid or. exempted. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. All recorded or unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. 6. Neighborhood Development Program area 3, under the Urban Renewal Plan as approved by Resolution No. R-576-71 dated May 4, 1971, Metropolitan Dade County Board of County Commissioners. SPECIAL ENCUMBRANCES 1. A document captioned Restrictive Covenants dated December 24, 1980, executed by Dade County and State of Florida, Department of State, Division of Archives, History and Records Management providing for public access for fifteen (15) years, among other things, to the Alamo, property listed on National Register of Historic Places. 2. That certain mortgage recorded in Official Record Book 4591 at Page 674, recorded May 13, 1965 and modified in Official Record Book 9570 at Page 683 and filed January 26, 1977 in favor of The national Life and Accident Insurance Company, Nashville, Tennessee, Mortgage-e. This mortgage encumbers Lots 1 and 20 in Block 9, Third Addition to Sunnybrook, Recorded in Platbook 43 at Page 72 of the Public Records of Dade County, Florida. I 84--'713. 3. That certain mortgaQ" recnr(1-0 in ()rll ici_a1_ R,7'cord Book 8667 at Page 1.456, rlaf--d Apri-l_ 16, M1711 anr3 mnr3i fie(l in Official. Record Bonk 9i70 at T'arin }11. ar�r1 fi-1 �1 ,�a;,1 2,, 1{?77 in favor of Dewitt C. Thi f, mor:t-gagr rnc.umhrar:^ l and 20 in Block 9, Thi-rd 1\c1rli.t;i.on to yl>r.00l;, ar; Rccrrrrlcd in Platbook 43 at Page 72 of the Prihlic Rccor:ds of Dade Coranty, Flo.r. i.(la. 4. That certain covenant running with the Land in favor of the City of :Miami dated March 16, 1971 and Recorded in Official Record Book 7205, at Page 892, encumbering Lots 6, 7, 8, 9, 20, 21, 22, 23 and a 10,00' wide alley in Block 22 of highland Park Subdivision, as Recorded in Platbook 2 at Page 1.3 of the Public Records of Dade County, Florida. The covenant_ obligates the University of Miami to install and maintain certain electric and closed circuit Television cables. 5. That certain ninety (90) year lease granted by Dade County, Florida to the University of Miami on February 26, 1970, Recorded in Official Records Book 6791 at Page 254 encumbering Lots 6, 7, 8, 9, 20, 21, 22, 23 and the 10' alley way lying between said lots, reserving an easement for road purposes on the East 10' of Lots 6, 7, 8, 9, all being situated in Block 22, Highland Park Subdivision as Recorded in Platbook 2 at Page 13 of the Public Records of Dade County, Florida. The University of Miami agreed to construct or have constructed a medical library. 6. That certain Fifty (50) year lease granted by Dade County, Florida to the University of Miami on October 24, 1972, , Recorded in Official Records Book 8009, at Page 135, as amended by Amendment to Lease Agreement dated March 20, 1975 recorded in Official Records Book 89,17 at Page 1352 encumbering Lots 1, 2, 3, 4, 5 inclusive and 24, 25, 26, 27 and 28 inclusive, less that portion thereof previously dedicated for road purposes, all being situated -_ in Block 22., liig!lland 1'ark Subdivision as Recorded in Platbook 2 at Page 13 of the I'11l)liC Records of 11i(J O ('onnty, Florida, `Phe University of Miami agreed to construct or have constructed thereon an eye care facility for the Department of Opthalmology. 0 _ / 9 84-'-713 Fs s 7 1 l l r i �+�:. T- C t� r3 i_ n n ], T'i n t Y �. 1. it ^ r.? \ '.;' ^• i' !. :'d � ? (4rant e d by Dade County. T'1.c 1.0a t.s, t:t,.n t?i�_�rer:� i.t,' �f 1i + �i •,�� ,7an�ia.ry 3, 1957, Recorded i.il T' q:r� 'Inrl 159 encumhrer i.nq L,nt" 1. thrrm(III 1.(1 7t1 ]_ 1)c i.rafd c i.t.>> a ecl i.n T31.r?r'f 1-0, THIRD ADDITTOiI Tr) TirdrTYl3x?003C as I?ecorderl i.n 1,1,31_hnok 3 it Par- 4e 72 of. the Public Record_^ of: Dade County, Florida.. The University of Miami agreed to construct or have constructed thereon a Medical Research Building. Therefore, it is my 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, the subdivision thereof to be known as JACKSON ME1,10RIAL HOSPITAL TRACT ADDITIONS, Recorded at Plat Book 115 at Page 85 of the Public Records of Dade County, Florida, and Also Known As Tracts 1, 3, 5, 6, 7 and 8: NXME 1. Dade County, a Political Subdivision of the State of Florida 2. University of Miami Coral Gables, FL 33124 3. National Life and Accident Insurance Company, Nashville, Tennessee 4. Dewitt C. Daughtry, M.D. 4205 Lake Road Bay Point, FL 5. Herbert C. Zemel 1 S.E. 3rd Avenue Miami, FL 33131 I INTEREST Fee Simple Owner Fee Simple owner and Long -Term Lease Holder Mortgage, Holder of Lots 1 and 20, Block 9 of Third Addition to Sunny - brook Mortgage Holder of Lots 1 and 20, Block 9 of Third Addition to Sunnybrook. Fee Simple Owner of Lots 1 and 20 in Block 9 of Third Addition to Sunnybrook Respectf y submitted this day of , 1983. I OBIjAZ ' L. '�I.AKL ASS IS`1'hNT COUNTY ATTORNEY 1611 N. V 12 Avenue Exec. Suite C, 0108 West Wing Miami, Florida 33136 (305) 325-6225 i 84-713 NO SUPPLEMENT TO OPINION Or TITLE T0; DADE COUNTY, a political subdivision of the State of Florida With the understanding that the opinion of tithe heretofore submitted on May 23, 1-983, for tentative plat: of HIGHLAND PARK DRIVE -SECTION 2, pertaining to pr:or)erty de -scribed in paragraphs one (1) through four (4) hel_ow; through May 3, 1.983, for Tract_ 3 of Jackson Memorial hospital Tract Additions, P3_at Book 115, at Page 85 of Third Addition to Sunnybrook as described in paragraph five (5) below; and through May 2, 1983 for a portion of Tract 1 of Jackson Memorial Hospital Tracts Plat Book 55, at Page 5 as more fully described in paragraph six (6) below; ! 1. Lots 1 through 14, and Lots 15 through 28, together with the alley lying between Lots 1 through 1.4 and Lots 15 through 28, all being in Block 22, of Higland Park, according to the Plat thereof as Recorded in Platbook 2, at Page 13 of the Public Records of Dade County, Florida. " 2. Lots 4 through 17 in Block 9, of Third Addition to Sunnybrook, according to the Plat thereof as Recorded in Platbook 43, at page 72 of the Public Records of Dade County, Florida.* 3. Lots 1 through 10 in Block 7, of Second Addition to Sunnybrook, according to the Plat thereof as Recorded in Platbook 43 at page 38 of the Public Records of Dade County, Florida. 4. Lots 11 through 20 in Block 7 of Third addition to Sunnybrook, according to the Plat thereof as Recorded in Plat Book 43 at Page 72 of the Public Records of Dade County, Florida. 5. Lots 1 through 10 in Block 10 of Third Addition to Sunnybrook, according to the Plat thereof as Recorded in Platbook 43, at Page 72 of the Public Records of Dade County, Florida. 6. A portion of Tract 1 of JACKSON MEMORIAL HOSPITAL, TRACTS, according to the plat thereof as recorded in Plat Boot; 55 at Page 5 of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at a point on the East line of said Tract 1, which point i.s also the Northeast corner of Tract 3 of JACKSON 1,11," lORIAL 110511ITAL TRACT ADDITIONS, according to the plat thereof recorded in PI -it: rSook 115 at Page 85 of the Public of Dada--- Cuullt}', rlul id,2; thence run S 89 06'13" N. along the North line of said Tract 3 for a distz:nce of 168.59 f<:ut; thence run N 0 43'24" 14 for a distance of 66.27 feet to.a point of intersection with the 1�esterly extension of the North wall of Building No. 44 of Jackson Mai—iorial Hospital Canplex; thence t V4--713 run N. R`a 1_8' 26"E along the North vall of said Building t?o,.14 and it s tde:^t-r. 1-y cxt_cnsion for a diStanc- of i6R,59 feet. to i F}niat- on the East line of !-,aid 'I'r: ac t 1; t h-nc — ron 0 43' 24" E. along the Fi7t: 1_i.f ,ai.d TT -act 1_ f_or a distance of 65.67 fr—t: t:o t:hn i'oi.nt: of: Beginning, a/kJa the Old i3a,corn Palmer I ye Institute Si.t,�, 16319 N,W. 101-h A-u-nue, Miami, Florida, By conveying the real property describe-d and conveyed herein, it is the intent of Dade County to terminate and r-el._ncluish any and all interest in and to all. leases on the said real property between Dade County and the University of Miami, including that: certain lease agreement dated January 3, 1957, filed August 7, 1964 under Clerk's File No. 64R-1_25366 and modified by instrument filed August 7, 1964 under Clerk File No. 64R-125365. The Opinion of Title dated May 23, 1983 is hereby supplemented to reflect- that Tract 1 of JACI:SON MEMORIAL HOSPITAL TRACTS as recorded in Platbook 55 at Page 5 of the Public Records of Dade County, Florida is vested in Dade County, Florida, except that portion as described in paragraph six (6) herein which is vested in the University of Miami. The Opinion of Title dated May 23, 1983, is further supplemented to reflect that the property abutting N.W. loth Avenue and lying between Tract 1 of JACKSON MEMORIAL HOSPITAL TRACTS as recorded in Plat Book 55 at Page 5 of the Public Records of Dade County, Florida including the property described in paragraph six (6) herein, and Lot 1 in Block 10 of THIRD ADDITION TO SUNNYBROOK, as Recorded in Plat Book 43 at Page 72 of the Public Records of Dade County, Florida, is vested in Dade County, Florida. That certain property comprising a portion of Tract 5, abutting N.W. loth Avenue and lying between lots 1. and 2 in Block 10 of THIRD ADDITION TO SUNNYBR00K, as Recorded in Plat Book 43, at j' Page 72 of the Public Records of Dade County, Florida and North of the South 25 feet of N.W. 16th Street, is vested in Dade County, Florida. I �. �- 84-713 4'.>: Therefnrn, t_ is my opinion s:hat_ ,,r, ;<I f-ienlal parties are required to jnin in f�hfi platting of LhQ ��lr'a����rty to grant Dade County, Fl.or.id , and f,.(�� Puhli.e. a good and proper title to the dedicated areas shown on the final plat. Respectfully submitted this 'L_.s� day of 1984. i� ROBERT LBLAKE ASSISTANT COUNTY ATTORNEY 1611 N. W. 12 Avenue Exec., Suite C, 0108 West Wing Miami, Florida -33136 (305) 325-6225 i y .-*ao` ANDUM i •_...�_r_.___...___Donald _W...Cather.^.y_.....�_..._. City of Mimni uAry June 4, 1984 _ Public Works Department ., CI-iarles R. Rittenhouse .UJJYC7 Tentative Plat No. T1.2o4 -Utility Engineer Highland Park Drive.-. sly Miami -Dade Water and Sewer Section Two �r Authority Department - -- The above listed tentative plat has existing water mains to serve the=property of adequate size to provide service for any use. Any relocation or adjustment Of water or sewer facilities will be at the owners' expense. CRR/SY/as cc: New Business i A, C, t-A T t-0 lok I- J tj -1 P,A IN 4 1 n 7, f C, T 6 7 17 N.W 'T R A G T - I W-M : JOHN ELUOTT 61 _Q BLOOD DAM L to SICN NIS SULT X loAst Tr. "B R.o wj!'. •1221 4 4 Co 0 S T. 10 1z -Mir 5 4 3 2 112 411 R-4 — 5-14 70.7 N 1.4 15 le 19 Su B. A Mi 741 \Y 4 mmt� oT E R R TR- 0 187 'j 1014 AL CENTER > 15 fit, C 7'A' < � -P, - 40 oc IN �00 mw_p�pv'� HIGHLAND PARK DRIVE SECTION 17 TWO Al Z01111111,16 SHEET # 24 I ZONED 0-117 iis_ S 7 -i 21 . v - ----- -- oA