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HomeMy WebLinkAboutR-83-0873RESOLUTION NO. 83-8 7: A RESOLUTION ACCEPTING THE PLAT ENTITLED S.L.K. PROPERTIES, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDI- CATIONS SHOWN ON SAID PLAT; AND AUTHO- RIZING 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 City Zoning Board and the Department of Public Works have 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 S.L.K. PROPERTIES , a sub- division of a portion of Lot 45, Plat Number One (1), BUENA VISTA- BISCAYNE BADGER CLUB COMPANY, according to the plat thereof, record- ed in Plat Book 1 at Page 115 of the Public Records of Dade County, Florida, and an unplatted portion of Fractional Section 19, Township 53 South, Range 42 East, all lying and being in said Fractional Section 19 in the 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 29th day of September , 1983. ATTEST: LPH G. ONGIE City Clerk PREPARED AND APPROVED BY: Yv G. MIRIAM MAER Assistant City Attorney Maurice A. Ferre PZAURICE A. FERRE, Mayor APPROVED AS TO FOR11 AND CORRECTNESS: JOS1r R. GARCIA-PEDROSA COMMISSION' City Attorney MEETING Op wpc/pb/032 SEP 29 1983 ION wj. 3-873 75 l; 1i� 2•U -F-l.�= P•SE.�10F71N171.1.t Howard V. Gary City Manager .7E August 25, 1983 r - S.L.K. Properties Resolution Accepting Proposed Record Plat, Located at D,anald W. Cather Director N.E. 36 Street and Department of P blic rks Federal Highway For Commission Meeting of Septembe2.9._1.9_3 The Department of Public Works recommends the approval of the plat by the City Com- mission of Miami, Florida, and certifies its correctness as to form. The proposed record plat entitled "S.L.K. PROPERTIES", the same being a subdivision of a portion of Lot 45, Plat Number One (1) BUENA VISTA-BISCAYNE BADGER CLUB COMPANY, according to the plat thereof, recorded in Plat Book 1 at Page 115 of the Public Re- cords of Dade County, Florida, and an unplatted portion of Frac- tional Section 19, Township 53 South., Range 42 East, all lying and being in said Fractional Section 19 in the City of Miami Dade County, Florida. It will consist of one tract containing 0.274± of an acre and is zoned CG-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) 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, 15 showing property platted colored in red 83-87? W e THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS August 25, 1983 REPORT OF PROPOSED RECORD PLAT OF S.L.K. PROPERTIES Located at N.E. 36 St. and Federal Highway A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled S L.K. Properties was prepared by Biscayne Engineering Company. It is in correct form for submission to the Citv Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: (1) The property platted is a subdivision of a portion of Lot 45, Plat Number One (1), BUENA VISTA-BISCAYNE BADGER CLUB COMPANNY, according to the plat thereof, recorded in Plat Book 1 at Page 115 of the Public Records of Dade County, Florida, and an un- platted portion of Fractional Section 19, Township 53 South, Range 42 East, all lying and being in said Fractional Section 19 in the City of Miami Dade County, Florida. It will consist of one Tract containing 0.274± of an acre and is zoned CG-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 Alfred B. Mohr, Registered Land Surveyor, this Plat complies with the plat filing laws of the State of Florida. (4) By authority of Resolution No. 6-83, adopted ,January 3, 1983 the Plat was recommended for acceptance by the City Zoning Board of Miami, Florida. (5) The attached Certificate of Title Examination dated June 1, 1983 signed by Sherman W. Crawford, Attorney, indicates that the fee simple title to the property platted is correctly vested in Milton L. Klein and the Plat has been correctly executed. Form PW 182 Rev. 9/69 83'-8'73 , (6) The area platted is encumbered by a mortgage and the mortgage holder has 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 a Performance Bond in the amount of $13,900 has been executed by Milton L. Klein, Principal, and Fidelity and Deposit Company of Maryland Surety. This Bond and the Surety's Power of Attorney will accompany the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of landscaping, asphalic concrete pavement, removal of existing sidewalk, sidewalk, curb and gutter and sanitary sewers 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, Zoing Sheet No•. 15. (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 83- 73. 0 6' EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and Milton L. Klein FOR IMPROVEMENTS AT S.L.K. PROPERTIES Located at N.E. 36 St. and Federal Highway LANDSCAPING $2,100 2 shade trees 10'-12' high in parkway along N.W. 36th Street. 4 shade trees 10'-12' high in parkway along Federal Highway. Solid sod parkways 1,200± sq. ft. ASPHALTIC CONCRETE PAVEMENT $2,033 Approximately 214 Square Yards REMOVAL OF EXISTING SIDEWALK $1,580 Approximately 1,580 Square Feet SIDEWALK $3,045 Approximately 2,030 Square Feet CURB AND GUTTER $1,605 Approximately 214 Lineal Feet SANITARY SEWERS $ 600 ESTIMATED COST OF IMPROVEMENTS $10,963 (10%) CONTINGENT $1,096 (15%) ENGINEERING $1,809 TOTAL $13,868 AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $13,900 Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. Form PW #254 Rev 10/68 0 PB/ 1 of 4 Ate: 70 C' :,'37 UC T:Cil 0:' C E` :';I,'i i: ii^v m0 ?R1) _.:'T0:iC 0: THE CCCc 0? THE CITY OF MIA,-!!, FLORIDA * * * * * * 4 * * * Y * * WHEREAS, MILTON L. KLEIN (herei-af te. ref er red to as the "PrinC�p31") , concurrently With the del..ver.y of this Agreement:, has applied to THE CITY OF MI MI, FLG`1 I (hereinafter referred to as the "City"), for the acceptance and con= :.L-matlon by the Co-=ission of said City, of a certain proposed plat of a subdivision to be kno,.,n as S.L.K. PROPERTIES a copy of which proposed plat is attached hereto and :fade a part hereof as Ex.^.ibit "A"; and ' 1'1'r.E..=AS, C�:?pter 54, Section 54-10, TFE CODE OF THE CITY 'OF f'iIAMZ, FLOE=D , recLi_ es that any proposed plat submitted to said Cc=ission for acceptance and confirmation, shaii be accompanied by an Ag-ee-.ent entered into by the 0:.-ner of land being platted, ta; th the Dir ectcr of the Depart-. _-nt of Public :dorI:s on be':a'_= of said City, for the ccnst. uctier, of certain improvements therein enumerlated, the performnance of :•hich Agreement shall be secured b;; a good and sufficient Performance Bond or Caszier's Check; NO"-.,, THEREFOR?, the Principal hereby covenants an 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 Midmi of a Certificate of Occupancy for the premises, the Principal will construct, or cauze to have constructed, at his own expense and in accordance with standard specifications of said City, all improvements as are 1i3ted and described upon the estimate of cost of said improvements, a copy whereof is attached hereto as Exhibit "B" and made a part hereof. Although one year is allowed for the completion of the Pmr-=, P"d 01 7 0 Po.. 1 n /'rc 83m-8721 r-- afvrer ert�:�na•: imorcc•e-.e^ts, it i:; not il ) ;.;hat su-311 =-ztrict'_on :fork s;::,uld be prolonF,cd to the extent that it would have a disorganic_n.; effect upon the neio:,borhood. After th.e worl•: in started, the Principal hereby ar,ree: to p:•ozecute ozi;, wort: pro ;ressively no as to complete tt in a rea-unable len,;th of time an determined by the Department of Public Work.. Thr• Princ Ipa ` rage ii J; t1C 7:'O ! �Cl� ��' thy` t'iit tc ab v L o. h v -3 � dirj^ for- ifli.'- -n t1,e Du:-:.i�'.-;:i�'::-':i -�laj`", a copy of `dh1Ct'. 1S iltt'u.".C;pCi tle^e:U ar.: b;; reference ..._:9 a part hereof. 2. In accf;rtarce aith the provisions of -aid Chapter 511, Sect on : t4-31' , 'f HE CODE Jc' THE CITY OF MIAi•1I ; FLORIDA, the Principal herewith tenders to tLe City, a Performance Bond duly executed by the Principal and a sure.y company or concaniez authorized to do business in the State of Florida, as _r ur ety, , in the a%lollnt, of 13,900.00 , which a: -cunt is 'not le -Ad than one hundred '(lOGo) percent of the estinate': cost of the construct ion of the U.-mrove- mer�ts in the att_,.:,ed Exhibit "B", plus icsentry_eever,(251/%) percent for en rineerino and ccnt-ngent costs and damages, and upon completion of the construction of s_f.d improvements and subsequent to the suc.;.ission by the Princ_. _l to The City of M-Lam-1 De; ­rtment of Public Works of a letter f'romn a Registered Lard Surveyor certify inE - that the Permanent Reference T4onumpnts indicated on the Plat have been installed and properly placed, sail Performance Bond :;►:all be released. 3. In the event the Principal .;:hall fail or nerluct to fulfill his ebliggtions under this Agreement, the conditions of said Performance Bond shall be such that the surety or sureties; shall, within thirty (30) days after receipt of written notice from the Director of the Department .of Public Works o= said City of the failure or of the neglect of the Principal to perform thin Agreement, construct, or cause to be constructed, the imprvvei.-wrtl.; set forth in Exhibit "B" hereof; provided that if Ltv^ L1ic:%;tr,r• �,i' the Department cf Public '+forks of said City so (AecLs t,tje PrinctirkI Form P'el 1179 Rev 10/69 83�87 and the :.ures shai l bn jo in'. 1y -and 11 ;i;)), i(• to t+-iy to 1;1 City the ,u-m estl.:at•zd to conotruct or complete the ir..prn•rem.ant. set fort;h on said Exhibit "E", said -um to be e:;tinatt:d by the Department of Public Works of said City, and stall pa., to said nit an-4.ccntin.,-n: costs, and any dar ac, dlr:^t or _::d i:•ec t not to e:!cz ed twent=r ^'( 25") percent thereo,., plus rea oorat le attar ne;; s' feet which the City may sustain on :tc :cunt of the failure of the Principal to carry out -and execute ill. of thle Provisions of this AI�_"pe: ent ' provided further that the ci t y T^ M is r, .- o�' .;t r ,i t: c�.,.__csion o )I ni, . 1 _ �., shall. have the rioh, to ccn 1 c or cause to be ccnstructed, after public advr?rticement and rece!,A. of b_ds, tt:e imcrovement., as provide! for in _-aid A9,reen-nt, and in ';h-:! e'J`nt tl:itt the City Cc;.:*;1,s:SiO n of I•IlaA:i , Flor lda :3L': �1 ri:�:i`., th_ Prins. �,al a+^+(� LhC! ::)1L't.•t!/ nhail W..- .i�i: tZ;f rend •. era 1 a`..]c Lc) pay Lt:e C1Ly t;t)c: t' rjai Lota1 (:o::1., in ,•re.ment s to e,.:er with, a^ en^'in t•rir)r- d t• i-'•c � c. :/ , e ., an 40nti.Jl�en sect;., and. any dG:'a'ae direct cr indirect, not to exceed tevent-7-F/fig 1 r l t::e. ec•_ plus re Scna '_e at orn 's � fees, W `� .ty may sust ': p ? a� hoc:; �.ie C_ a_ 1 on account of the fa•1lur e o: the Pr _ncipsl t0 carry out and exe^,u 'e the provisions of this Agreement. Said Per.o.-mance sond is att3che._ heret-o as -E x ibit "C" and' made a part hereof by reference. , Ti': 1:jl`'N" ,vthe Principal has caused this AC,rec rjent. to be executed in quadruplicate (onc original and the r►c �. Lhr'^'_ car:,on cclAes) thi.� _ da�� oi' f A,. q�' , A.U., 10�'� Signed, Sealed and Delivered in the Presence of: (.SEAL) ' (SEAL) (EA L) (SFA I. ) (Sf:At, t s Fora PVI ,Y1 - • ?9 Rev 10/00, - -"SWE. 4o: A TE-S;2 (Co ^orate S al) A TES; (Co poste a, ) Acprcve:: and acceded on be half of the City of Miami, Florida, hIs AW44 da; of , A. D. 19 3 By_ Oc ICL�' D1rector, Deti?rtmen.. of PG'iic Wor :3 . :'i 1,T I E S S E S . Form Ptib' # 179 Rev 10/69 � t R e I STATE OF FLORIDA ) SS COUNTY OF DINDE ) I HEREBY CERTIFY that on this day !rcrsonallf appeared before rne, an officer duly authorized to administer oaJ,s and take acknowledgments, M I LTON L. KLEIN to me well known to be the person(!X) described herein and who oxecuted the foregoing instrument, and acknowledged before me that he executed the same freely and voluntarily for the Purpose therein expressed. WITNESS my hand and official seal at M i am i _ County of Dade and State of Florida this <dayof_--��42t���j `A.D. 19`. r Pota ry Public My Commission Expires: Notary Pubfle, State gf Florida at large MY COrnrniss?-:n Gxpim'+ Much 2, 1996 r:=: thNJ A'9v ;rd b-gf-nry Form PW 0236 Rev. 5/69 83--8'73 P/B Exi:ibit "C" Pa ize 1 of ? PER_ OR\1ANCZ-- BO_`�D (E` 11113IT "C") STATE OF FLORIDA ) COUNTY OF DADE ) ss CITY OF -%[1A\II ) KNOV, ALL MIEN BY THESE PRESENTS: That we, MILTON L. KLEIN _ (hereinafter referred to as the "Principal"), and FIDELITY & DEPOSIT COMPANY OF MARYLAND - -- a Surety Company authorized to do businese in the State of Florida, (hereinafter referred to as the "Suretl•") are held and firmly bound unto The City of Miami, Florida, (herein- after referred to as the "City") in the penal sum of TH I RTEEN THOUSAND N I NE HWJDREED F 00/10Oollars (S 13,900.00 ) for the payment of which we bind ourselves, our successors and assigns, for the faithful performance of a certain written Agreement dated the 29th day of MARCH 1983 , tendered by the Principal to the City for the construction of certain improvements as listed and described upon the Estimate of Cost attached to said Agreement as Exhibit "B" thereto, and any engineering and legal fees or contingent costs and damages, said improvements to be constructed in a certain subdivision known as S.L.K. PROPERTIES a copy of which said Agreement is incorporated herein by reference and is made a part hereof as if fully copi=d herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall in all respects comply with the terms and conditions of said Agreement and shall in every respect fulfill his obligations thereunder, this Bond shall be considered complied with; otherwise, it shall remain in full force and effect. In the event that the Principal shall fail or neglect to fulfill such obligations, the Surety covenants and agrees that within thirty (30) days after receipt of written notice from the Director of the Department of Public Works of the City of the Princi- palls failure or neglect as aforesaid, the Surety will construct or cause to be constructed the improvements set forth in said Agreement; provided that, if the Director of the Department of Public Works of the City so elects, the Surety will pay to the City the sum estimated to construct or complete the improvements set forth in said Agreement, said sum to be estimated by the Department of Public Works of the City, and.% -All pay to the City any engineering and contingent costs, and any damages direct or indirect, not to 83--8'73 Page 2 of /":C�'t•tl ,;(;ti;; t)C' t c'nt tnrrcr•i. ;�ItIS rl .lyr,ndt,l• itlurnc•:1.` fees %�hlCil the Cite: met`: stist:►:n an account ")t !hf-- t.ltiurc• c,f the t'r:nrm.t! to carr:• cw:t and execute all of the pro•: itiiuns of said At,rut•mttlt; pro-vided further c11.0 the, City Commission of Mimi, Florida, shail have the right to construct or cauEc tn be constructed, after public adverusement and receipt of bids, the improvements as provided fe: in said Agreement, and in the event that the City Commission of %4iami, Florida, exerc.ses such right, the Princinal and the Surety shall be jointly anti severally liable thercur.der to pay the City the final total cost of said improvements, together with any enginee:-ing and contingent costs, and anv damages direct or indirect, not to exceed ,.gin cs!•1,�:4 per cent thereof =!us reasonable attorneys' fee3 which the City may sustain on account of the failure o: t e Principal to carry out and execute the provisions of said Agreement, IN WITNESS WHEREOF, the parties hereto have caused this Perfor:;:ance Bo.n'd to be executed in quadruplicate this 29th day of W ! T tiESSES: ATT1;-.rST: (Surety Seal) APPROVED AS TO FOR.M i.., LEGALITY MARCH Prin��f fndivt A. D. 19 83 . (SEAL) �kI r: i N (SEAL) (SEAL) (SEAL) (SEA L) (SEAL) ,-FIDELITY & DEPOSIT COMPANY OF WAYLAND u.rety Y • R -� B c Its • ttorney-in-Fact " 909 BRICY.ELL_ PLAZA. SUITE 500, NTA-XI, FL City Attorney A.••c�ss (Local) 33131 • Form Ply #155 Rev 11/67 x Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MO. KNOW ALL MEN BY TnESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBItfS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: SEC. 2. The President, or any Executive Vice.President, or any of the Senior Vice- Presidents or Vice -Presidents specially author. ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Cumpany any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. 'does hereby nominate, constitute and appoint W. Meade Collinsworth, David I. Alter, Arthur K. Broder and David J. Minard, all of Miami Lakes, Florida, EACH.......... its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf'as surety, and as its act and deed: any and all bonds and undertakings .................... And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of W. Meade Collinsworth and David I. Alter, dated, February 9, 1981. The said Assistant Secretary dues hereby certify that the aforegoing is a true copy of Article V!, Section 2, of the By -taws of said Company, and is now in force. IN WITNESS WIiEREOP, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDEt.ITY AND DEPOSIT COMPANY OF MARYLAND, this ............. ........... .20th........ ...... ..... day of .......... September............................ A.D. 19 .. 82.. .,o biFIDELITY AND DEPOSIT COMPANY OF AIARYLAND s�o s,t ATTEST: J • t /� SEAL M W Assistant Secretary Vice -President STATE OF MARYLAND t SS: CITY OF BALTIMORE On this 20th day of September , A.U. 19 82 , before the subscriber, a Notary Public of the State of b9aryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and Chat the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WIIF.REOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the �day and year first above written. 1 —,7*­*­­­?** y1/.0�.�► •....................'.........................................NotaryPublic Co'' n Expires..!A�X...l{...9$6. .. CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe. cially authorized by the Board of Directors to appoint any Attorney -in -Fart as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Comp.►ny, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY VEEREOF, I have hereun subscribed my 'my name and affixed the corporate seal of the said Company, this ........... z ;,r•.1.�..........._... .day of ......... � fftl (( ,�°FI............_......_... 030-0060 .. .............. ....... _... 1�28 tL— ssistanl Secretary 83-873 M'=TRO''OL!TAN LADE COUNTY - P'"Y-!C WORKS E4GI4S_41HG — SUSDIVIS104 CONTROL CPINION 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 wi!h 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 BEGLVNING to Sep- tember 8—,— A,D, 19 83 , at10:3%.H., inclusive, of the following described real property: (Describe only realty to be subdivided) Subdivision of a portion of Lot 45, Plat Number One (1), BUENA VILSTA - BISCAYNE BADGER CLUB COMPA^v'Y, according to the plat thereof, recorded in Plat Book 1 at Page 115 of the Public Records of Jade County, Florida, and an unplatted portion of Fractional Section 19, Township 53 South, Range 42 East, all lying and being in said Fractional Section 19 in the City of Miami, Dade County, Florida. DESCRIPTION: Beginning at a point on the South Line of the SWI. of Fractional Section 19, TcyAnship 53 South, Range 42 East, at a distance of 271.33 feet East of the Southwest corner of the STi:4rof said Fractional Section 19; thence North 00105'00" East for a distance of 30 feet to the North side of Northeast 36th Street in the City of Miami, Florida, for the point of beginning; thence due West parallel to the South line of the SW4 of said Fractional Section 19, and along the North line of Northeast 36th Street for a distance of 108.09 feet (Deed: 108 feet) to a point on the East side of the Federal Highway; thence run North 14002'05" East (Deed: :North 14002'30" East) along the Easterly side of the Federal Hight -jay for a distance of 118.54 feet to a point; thence due East along the Easterly side of the Federal Highway for a distance of 8.18 feet (Deed: 8.08 feet) to a point, thence North 00005100" East along the Easterly side of the Federal Highway for a distance of 17.28 feet (Deed: 17.06 feet) to a point; thence North 25024'26" East (Deed: Nor 4:h 25025'00" East) along the Easterly side of the Federal Highway for a distance of 44.26 feet (Deed: 44.5 feet) to a point; .,hence North 14002105" East (Deed: North 14002'30" East) along the Easterly side of the Federal Highway for a distance of 11.75 feet to a point, said point being 213.66 feet North of the South line of the SWI of said Fractional Sectional 19; thence due East parallel to the South line of the SW' of Fractional Section 19 for a distance of 49.57 feet (Deed: 49.45 feet) to,a point; thence South 00005'00" West parallel to the West line of the SW-1 of said Fractional Section 19 for a distance of 183.66 feet to the North line of Northeast 35th Street and the Point of Beginning. LESS AND EXCEPTING, ITIEREFROM That certain area conveyed to City of Miami by Warranty Deed dated December 29, 1982, filed on March 29, 1983, in Official Record Book 11740 at page 1375 of the Public Records of Dade County, Florida for street and sidewalk purposes. 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 r6al property was vested in: Milton L. Klein It 1.06-11 - PAGE 1 83--8173 Subject 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 1. Mortgage in favor of National Bank of Florida, dated July 18, 1982 and recorded August 23, 1982, in Official Record Book 11535 at page 1669. Clerk's File Number 82 R 190847 2. Grant to American Telephone and Telegraph Company dated May 14, 1926, filed June 7, 1926, in Deed Book 840, page 197. 3. Road right of way contained in deeds to City of Miami dated February 23, 1928, filed March 15, 1928, under Clerk's file No. D-12563, were conveyed to and dated February 28, 1929, filed April 10, 1929, in Deed Book 1296, Page 407. 111.06-11 - PAGF 2 �33-8'73 Therefore it is my (our) opinion that the following parties must join in the platting of the above described real property in order to grant DADC 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 as __ S. L. K,-._PROEEftTIES SPECIAL EXCEPTION NAME INTEREST NUMBER Milton L. Klein Fee Siaple owner National Bank of Florida Mortgaqor 1 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. Respect submitted this 1l day of 14 , NAME ADDRESS 111.06-11 - PAGE 7 8.3"SM Donald W. Cather City of Miami July 4, 1983 ,Public TAb Department De U i C., Charles R. Rittenhous9 Tentative Plat No. T1189 Utility Engineer SLR Properties bfiami-Dade Water and Sewer Authority 7he above listed tentative plat has a 12-inch existing water supply to serve the property. If there is an unusual use requiring wre than this size, additional water mains will be required. aWSY/as cc: New Business Alfred B. Nbhr Biscayne Engineering, Inc. co r 7"f m C.0 Ln 83-873