Loading...
HomeMy WebLinkAboutR-84-0220J-84-138 RESOLUTION 1,10. A RESOLUTION ACCEPTII1i; THE PLAT Ei1TITI'ED HADLEY GARDENS, A SUBDIVISION I;1 THE CITY OF MIAMI, AND ACCEPTING THE DEDICA- TIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATIO14 OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTYr FLORIDA. WHEREAS, the City of Miami Department of Public Works has recommended the acceptance of the plat: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled Hadley Gardens is a subdivision of the S.W. i/4 of the N.W. 1/4 of the S.E. 1/4 of the N.E. 1/4, less the West 25 Feet for road purposes in Section 27, Township 53 South, Range 41 East, Lying and being in City of Miami, Dade County, Florida, which plat by reference is made a part hereof as if fully incorporated herein, is hereby accepted; and the dedications shown thereon together with the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, are also 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. PASSED AND ADOPTED this 28th day of February , 1984. i j IT EST: Maurice A. Ferre MAURICE A. FERRE, Mayor ` RALPH G. ONGIE City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDRO City Attorney �y COMMISSION MEETING OF FEB g4 � Z2( 110.c REMARKS. c 14 Howard V. Gary City Manager Donald W. Cather Director of Public Works •1 1 February 9, 1984 c IL_ Hadley Gardens Resolution Accepting Proposed Record Plat Located at N.W. 19 Avenue Between N.W. 30 Street to 31 Street For Commission Meeting of February 28, 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 Hadley Gardens is a subdivision of the S.W. 1/4 of the N.W. 1/4 of the S.E. 1/4 of the N.E. 1/4, less the West 25 feet for road purposes in Section 27, Township 53 South, Range 41 East, Lying and being in City of Miami, Dade County, Florida. The plat consists of one tract having a total of 2.41s acres. It is zoned RG-2/4. 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) Opinion of Title (5) Memorandum from the Miami -Dade Water and Sewer Authority pertaining to water mains and appurtenances (6) Portion of City Zoning Sheet No. 19 showing property platted colored in red. RB:td S4-22C, THE CITY OF MIA111, FLORIDA DEPART14EIlT OF PUBLIC WORKS February 9, 1984 REPORT OF PROPOSED RECORD PLAT OF HADLEY GARDENS LOCATED AT N.W. 19 AVENUE BETWEEN N.W. 30 STREET TO 31 STREET A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled Hadley Gardens was prepared by Biscayne Engineering Co., 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 subdivision of the S.W. 1/4 of the N.W. 1/4 of the S.E. 1/4 of the N.E. 1/4, less the West 25 feet for road purposes in Section 27, Township 53 South, Range 41 East, Lying and being in City of Miami, Dade County, Florida. The plat consists of one tract having a total of 2.41: acres. It is zoned RG-2/4. (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 Alfred B. Mohr, Registered Land Surveyor, this Plat complies with the plat filing laws of the State of Florida. (4) The attached Certificate of Title Examination dated January 25, 1984, signed by Jeffrey L. Berkowitz and Debra Weiss Goodstone, Attorney, indicates that the fee simple title to the property platted is correctly vested in Florida Conference Association of Seventh Day Adventists and the Plat has been correctly executed. (5) The area platted is not encumbered by a mortgage. $4--22 . (6) In accordance with the requirements of Chapter 54, Section 54-30, of The Code of The City of Miami, Florida, a Letter of Credit #NBV-478 in the amount of $4,400 has been executed by Florida Conference Association of Seventh Day Adventists, Principal, and Capital Bank. This Letter of Credit will accompany the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of landscaping, and sanitary sewer lateral at the property platted. (7) 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. 19. (8) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. RB:td t Walter K. Brown Cadastral Engineer 64-220 lJ D EXHIBIT "b" TO ACC(D'MPANY THE AGREE,'ENT BETWEEN !HE CITY OF %N11A''11, FLORIDA AND FLORIDA CONFERE14CE ASSOCIATION- OF SEVENTH DAY ADVENTISTS FOR IMPROVEMENTS AT HADLEY GARDENS LOCATED AT N.W. 19 AVENUE BETWEEN N.W. 30 STREET TO 31 STREET *LANDSCAPING 9 Shade Trees, immediately behind sidewalk SA14ITARY SEWER LATERAL ESTIMATED COST OF IMPROVEMENTS (10%) CONTI14GENT (16%) ENGI14EERING TOTAL AMOU14T OF PERFORMANCE BOND, LETTER OF CREDIT OR CASHIER'S CHECK $2,000.00 $1,400.00 $3,400.00 $ 340.00 $ 598.40 $44, 3.._.. 8.40 $4,400.00 *Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. 84^~220 T AG EE:1E,,T FOR C0:;S7i-,L'CTI0N OF CERTAIN Ii;PROVE::E;;TS PC RS( AZIT TO PROVISIOINS OF CI1:1PTER 541 SECTION 54- 30 THE CODE OF TliE CITY OF FLORIDA Florida Conference Association of Seventh Day Adventists, WHEREAS, a Florida Corporation not for Profit (hereinafter referred to as the "Principal" and/or "Owner"), concurrently with the delivery of this Agr'cemcnt, has applied to .T11E CITY OF 1-IIAMI, FLORIDA (hereinafter referred to as the "City"), for the acceptance and confirmation by the Commission of said City, of a certain pro- posed plat of a subdivision to be known as HADLEY GARDENS a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54-33, THE CODE OF THE CITY OF MI:�`ii, FLORIDA, requires that any proposed plat submitted to said Co=,-ission for acceptance and confirmation, shall be accompanied by an Agreement entered into by the Owner of land being platted, with the Director of the Department of Public Works on behalf of said City, for the construction of certain improvements therein enumer-ated, the performance of which Agreement shall be secured by a good and sufficient Performance Bond or Cashier's Check; NOW, THEREFORE, the Principal 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 Principal 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 here- to as Exhibit "B" and made a part hereof. Although one year is allowed 84 -220 for the co:nnletion of the aforementioned inprcvements, it is not in the public interest that such construction �•:ork should be prol.on�;^d to the e%tent that it would have a•disorganizing effect upon the If neighborhood. After the work is started, the Principal hereby agrees to prosecute said work: progressively so as to co;.nplete it in a reason- able length of time as dcu=, ined by the Depart„ ment of Public t,Iorr:s . The Principal hereby agrees to abide by all of the provisions of the "Guide for Work in the Public -Right -of -Way", a copy of which is at- tached hereto and by this reference made a part hereof. 2. In accordance with the provisions of said Chapter 54, Section 54-30, Tilt CODE OF Tii% CITY OF,l1IA�-II, FLORIDA, the Principal hers.:ith tenders to the City a Letter of Credit in lieu of a Perfr,=- ance Bond or Cashier's Check, duly e::ecuted by .the Capital Bank of Miami in the amount of $4,400.00 e,hich amount is not less than one hundred (100`0) percent of the estisasted cost of the construction or the i*iprovements listed in.. the attached Exhibit "B", plus twenty-five (257) percent for engineering and contingent costs and damages, ar.c upon completion of the construction of said improvements and subse- quent to the submission by the Principal to The City of Miami Depart- ment. of Public Works of a letter from a Registered Land Surveyor certifying that the Permanent Reference Monuments indicated on the Plat have been installed and properly placed; said Letter of Credit shall be released. 3. In the event the Principal shall fail or neglect to fulfill his obligations under this Agreement, the conditions of said Letter ' of Credit shall be such that the Capital Bank of Miami shall, within thirty (30) days after receipt of written notice from the Director of the Department of Public Works of said City of the failure or of the neglect of the Principal to perform this Agreement, construct, or cause to be constructed, the improvments set forth in Exhibit "B" hereof, pay to the City a sum up to the aggregate amount of $4,400.00 r] 4. The City shall have the right to collect the sum estimated to construct or complete the improvements set forth in Exhibit "B", said sum to be estimated by the Department of Public Works of the City, which shall include engineering and contingent costs and any damages direct or indirect, not to exceed25 % thereof, plus reasonable attorneys' fees -,:`rich thL? City may sustain .on account �f the failure of the prig^i-. pal to carry out and execute all of the provisions of this Agreement; provided further that the City Commission of Miami, Florida, shall have the right to construct, or cause to be constructed, after public adver- tisement and receipt of bids, the improvements -as provided for in sa-I; Agreement, and in the event that the City Commission of Miami, Florida exercises such right, it shall have the right to collect the final total costs of said improvements., together with any engineering and con- tingent costs, and any damages direct or indirect, not to exceed t7.:-en ,-five t 5 %o) percent thereof, plus reasonable attorneys' fees, which the City may sustain on account of the failure of the Principal to carry out and execute the provisions of this Agreement. Said Letter of Credit is attached hereto as Exhibit "C" and made a part hereof by reference. i IN tvITNESS tJiiE;.:.Or`, the 0:•;ner has caused this Ag. eement to be executed in triplicate this .Z 7 day of A.D. 19' SiGne ;'Sealed and eliver d in t e Presence of: wner: n (S AL ) ( -AL ) ( EAL) (S=' L) (SEE L) (Szn ) ATTE 6ecretar Floyd H. Powell (CcrYcr to Seal) ATTEST: Secr-�tajty Florida Co erence As ation of eventh D y Adventists Pr•ncipal orporatic. Presia nt H. J. Carvibba Prpal (C�r ration 7 (Corporate Seal � ' President Approved and accepted on behalf of the City of Miami, Florida, this day of 7—A1 1i1,4A A . , 1Q�. By Director, Department of Public.Works WITNESSES 0 IN WITNESS be executed and corporate seal CORPORATION FORM WHEREOF, the signed in its to be affixed the day and year first above Signed, Sealed and Delivered in the Presence of: x— WITNESS x %`, tom.• -...LLB. �� • .� � , WITNESS' WITNESS 'WITNESS i STATE OF FLORIDA) COUNTY OF Orange ) OWNER has caused these presents to name by its proper officers, and its hereto and attested to by its Secretary set forth. VJ. Carubba, President Fla d H. Powell, Secretary CORPORATE SEAL I HEREBY CERTIFY that on this 27th day of January A.D. 19 84 , before me personally appeared H.J. Carubba and Floyd H. Powell, President and Secretary, respectively of Florida Conference Association of Seventh Day Adventists, A Florida Corporation not for profit. under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument 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 corporation, and that the said -instrument is the.act and deed of said corporation. WITNESS my hand and official seal at Prlando, County of Orange, and State of Florida, the day and year last aforesaid. == K20C, CIAIE Ct iu,.. W r-01VA113 ail MKS MJ61JSi & Im MY CO3'SMISSION EXPIRES: APPROVEDQA j, DIREMIC OF PUBLIC WORKS NOTARY PUBLIC IV STATE OF FLORIDA AT LARGE This Instrument Prepared by Department of Law City of Miami, Florida 0 . �i'ie,. ., /1 .Y. .r.. .. :Y.� _ 'r .r4f'+^r •,r2.•ti..\' Vim.- �.. .. i.. ........ Y.Wf�'+��1M. .�.4IL/(..MIS., it .�. r�r._n .. . _ ..l�rs^ .�+��:rIN����4iti1• ` n CAPITAL XNK EDISON CENTER OFFICE 6013 N.W. 7TM AVENUE MIAMI, FLORIDA 33127 TELEPHONE (305)759.4321 January 27, 1984 City of Miami Public Works Department 275 N.W. 2nd Street Miami, Florida Att: Donald Cather, Director Dear Mr. Cather: ALL DRAFTS MUST BE MARKED: DRAWN UNDER LETTER OF CREDIT N(l_ NRV-47A At the request of Garth C. Reeves, Sr., on behalf of the Florida Conference Association of Seventh Day Adventists, A Florida Corporation, Not for Profit, we hereby authorize you to draw on Capital Bank, 1666 Kennedy Causeway, North Bay Village, Florida 33141, up to an aggregated amount of FOUR THOUSAND FOUR HUNDRED & 00/100 DOLLARS ($4,400.00) in United States currency for the exclusive purpose of securing an agreement for construction of certain improvements pursuant to Chapter 54, Section 54-30 of the Code of the City of Miami. Reference: Plat Application -Hadley Gardens The draft must be presented to us accompanied by a copy of this Letter of Credit and a signed statement from you to the effect that the amount for which the draft is drawn represents amounts due and payble by Garth C. Reeves, Sr., on behalf of the Florida Conference Association of Seventh Day Adventists, A Florida Corporation, Not for Profit, which are unpaid. The draft must bear upon its face the clause, "Drawn under Letter of Credit No. NBV-478, dated January 27, 1984 of Capital Bank, 1666 Kennedy Causeway, North Bay Village, Florida, 33141. This Letter of Credit shall be valid until January 27, 1985, and shall thereafter be automatically renewed for a one year period upon such date and upon each anniversary of such date, unless at least sixty (60) days prior to such date or each anniversary of such date we notify you in writing by registered mail to City of Miami Public Works Department, 275 N.W. 2nd Street, Miami, Florida, that we elect not to so renew this Letter of Credit. We, hereby, agree with you that all drafts drawn.under and in compliance with the terms of this Letter of Credit will be fully honored upon presentation as specified herein. Very truly yours, CAPITAL BANK EXPIRATION DATE: JANUARY 27, 1985; BY: r EDWARD DUFFIE, SR., V,P AUTHORIZED SIGNATURE BY: ALBEN DUFFIE, AUTHORIZED SIGNATURE 84""'"220 ... •.t: �.•� Yr.�>.'}.... .r. •:u1-- ,:��..-�_ . .. .. �,�....-....yr-: .. t#- � .. .ys... .n'. .ro. ?lt. �•. •JV4 ,. :•.e-r •..... .. .,• ^, �.v ...__—.....w.r..-...,..�- �jpn EXECUTIVE PLAZA 3050 BISCAYNE BOULEVARD SUITE 800 MIAMI. FLORIDA 33137 JEFFREY L BERKOWITZ DEBRA WEISS GOODSTONE MANUEL A DIAZ January 25, 1984 Mr. Don Cather Director of Public Works City of Miami Public Works Department 275 N. W. 2nd Street Miami, Florida TELEPHO14E 1051576.ISM RE: Florida Conference Association of Seventh Day Adventists, a Florida corporation not for profit. The SW 1/4 of the NW 1/4 of the SE 1/4 of the N/E 1/4 less the W. 25 feet for road purposes in Section 27, Township 53S, Range 41 East, lying and being in Dade County, Florida. Dear Mr. Cather: Pursuant to the request of Mr. Mark Valentine in regard to the above -referenced matter, I am pleased to advise that there exists no additional documents of record against the subject property since my opinion of title dated October 27, 1983 which covered a complete abstract of title £roan the beginning of time through October 3, 1983 at 8:00 a.m. However, there are a federal tax lien and a judgment of record against 7th Day Adventist Union Academy. I am awaiting verification and copies of those documents to ensure that they do not affect the referenced property. I trust this is in accordance with your needs. Please do not hesitate to contact the undersigned should you have any questions whatsoever. Very ry*,terely, JEFFItEV/ L, JWRWWIT)Z, P.A. BY JE Y L: BERK0 4ITZ DE WEISS GO STONE DWG/in DWG % 41 84-22U 0 0 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 _ October_3 --A.D. 19_83 , at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) t The SW 1/4 of the NW 1/4 of the SE 1/4 of the NE 1/4 less the West 25 feet for road purposes in Section 27, Township 53 South, Range 41 East, lying and being in Dade County, Florida. Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Florida Conference Association of Seventh Day Adventists, A Florida Corporation not for profit. 111.06-11 - PAGE 1 84-220 Subiect to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS 1. 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. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. City of Miami pending paving improvement lien (# H4474) passed October 7, 1981 under resolution number 81-894. 111.00-11 - PAGE t 84-220 0 Therefore it is my (out) opinion that the following parties must join in the platting of the abo%e riescribed real property in order to grant DADF 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 he known as-___—_ _ __---•----._----._ _--------------_--_-- —_-- --- NAME Hadley Gardens INTEREST SPECIAL EXCEPTIONNUMBER None I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully sub ted this ...._L day of 0=912ery� 19 83-_ , NAME DE 6 WEISS GOODSTONE 3010 Biscayne Blvd., ADDRESS Miami, Florida 33137 III.Ofi—li — PAGE ti I MEMORANDUM To Donald W. Cather OATE Novenber 15, 1983 City of Miami PublJp Works partment FILE lu /.—r suajECT FRCM s� -1218 Charles Ritt o 'e Tentative Plat No. T Utility Engineer Hadley Subdivision Miami -Dade Water and Sewer Authority Department The above listed tentative plat has an 8-inch existing water supply to serve the property. If there is an unusual use requiring mre than this size, additional water mains will be required. CRR/SY/as cc: New Business Alfred B. Mhr, P. E. Biscayne Engineering 529 W. Flagler Miami, Flor..da 0; as M 84-220 •a•� .. :.•'`w"`-4 ?:�=�jw-r����:c :. :yrt i!1^ . . . •�..:-4::I., -�. i i�L«.ay'4' S:ar.'A?f`iu�:.1i►:aiw4'� r, .. .�..,.;ic .•-- -_ r MEMORANDUM TO Donald W. Cather GATE Novenber 15, 1983 City of Miami. Public Works artment •��£ fRCM G :�y let! 4U9JECT Charles . RittenhouL Tentative Plat No. T-1218 Utility Engineer Hadley Subdivision Miami -Dade Water and Sewer Authority Department The above listed tentative plat has an 8-inch existing water supply to serve the property. If there is an unusual use requiring more than this size, additional water mains will be required. CRR/SY/as cc: New Business Alfred B. Mhr, P. E. Biscayne Engineering 529 W. Flagler Miami, Florida 0 a (Tl — w n N 84-220 r � , s � �► - :6 27 13 14 15 16 17 18 19 n 121 22 23 24 eo SS Si - - st ss so e4.1 e0 2 1 d 4 ' 1 E 4046 7�.1 61 �hh Q N Q 18 21 22 w?S 2 29 30 32 g 20 I n S T. 50 R10iz.6 rr 11 50 HADLEY GARDENS ZONING SHEET # 19 ZONED RG-2/4 • i - - 70 �r 70 60 ale 110 a 3 " �► I q It 12 I 1 n 2• In r s r 8 9 10 9 9' - 6 f 4 - 101 f TO .. TO 50 50 51.7 I 'ENT 41.4 ai T 13 91 ii ux MIAMI JUNIOR Q lo�T R. A EffA SOUB• y PARCEL,A "A' DON GARDENS m SUB'D NO.1 '— HAROLD N.W. suo.a a . Mimi; r N01 SUB 29. ST. 106.4 60 71i7e 104.E 104.e 104.5 Tl.e o - �- 012 ' ti P N � O i 131re0 • 1 ,� N N '4• PU.ELIC HOUSING PRO) ECT FLORIDA • •. 5-8 ITV• ADEMY i sY 90 a .. r r r r u r 10 12S.a 60 r u r 00 `�,�. �1,11 y'4i_ goo ' IS 14 13 12 It 10 9 6 T G 4 ,N,6 5 4 S 2 I a _ - .:Oaf•,•: ,G A l`: � km 5 I s I `. 5X ',� ;� i�f y.' E{., T • 1 1 10 11 • 12 - —is T e 19 20 21 22 23 24 25 l ,0 1 •�• c=y ►.ti �..:: .. ��S• 1• �w.wy..'%;•e a• :.,• ...�.•• '„r �4 t !.<j►+Y� ► •,i.'-- " . �`� � , f :���P';1��J4i���.�•� («.• �• Y��`-• ya .F,�_.a•. r'Fr•. :•�' � ;'14 -��; .'•' �:•R iVX.tl 1t�' .�.r T. M.l^r a. .t4T •, r •.� � �)� � M 1 _ 1 6, T y-• •- �� � �« ALL, 6•' IS 1�4 3 1? 1 ID 9 4 6 S 3 a 1 s