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
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Walter K. Brown
Cadastral Engineer
64-220
lJ
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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
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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
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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
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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
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84-220
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