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HomeMy WebLinkAboutR-83-0713RESOLUTION NO. 43--713• A RESOLUTION ACCEPTING THE PLAT ENTITLED "ANCHORAGE", A SUBDIVISION IN THE CITY OF MIAMI: AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA WHEREAS, the 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 "ANCHORAGE", is a subdivision of a portion of Lot "C", of EWANTON HEIGHTS according to the plat thereof, as recorded in Plat Book "B" at Page 52 of the Public Records of Dade County, Florida, all lying in Sections 21 and 28, Township 54 South, Range 41 East, City of Miami, Dade County, Florida which subject plat by reference is made a part hereof as if fully incorporated herein and which plat, together with the dedications shown thereon, and the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, is hereby 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 ST: RALPH G ONGIE day of July , 1983. Maurice A. Ferre MAU^ICE A. FERRE M A Y O R CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: PREPARED AND APPROVED BY: 412, JOSE R. GARCIA-PEDROSA CITY ATTORNEY G. MIRIAM MAER CITY COMMISSIO ASSISTANT CITY ATTORNEY MEETING E TI G1'OF3 JUL 28 1983 a • 54 Howard V. Gary City Manager Donald W. Cather Di ctor. b is/Works July 8, 1983 ANCHORAGE Resolution Accepting Proposed Record Plat Located at Main Highway & Devon Road (For Commission Meeting of July 28, 1983) 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 "ANCHORAGE", is a subdivision of a portion of Lot "C" of EWANTON HEIGHTS (B-52) lying in Sections 21 and 28, Township 54 South, Range 41 East. It will consist of two Tracts and nine (9) lots and is zoned R-1-B. The 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: WKB:slf 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.'s 46 & 48 showing property platted colored in red 83-'713- THE CITY OF ;ilr�'�iI , FLORIDA DEPAP.T:•IE�1T OF PUBLIC WORhS DULY 8, 1983 REPORT OI' PROPOSrD RECORD PLAT OF ANCIIOP.AGE LOCATED AT .•LAIN }IIGHWAY � DEVON ROt'1D A 5UI3DIVI;;I0�1 IN 'I'IlE CITY OI' I�IIAi•17. , FLURID�'l The accomp,.ttlyi.ng plat eni:itl�d "ANCHORAGE" was prepared by H.J. Ross Associates. It is in correct form for submission to the City Commission and is forwarded with a recc,mmendation that it be approved. PERTINENT INI�ORrIATION RECAIZDING THE PLAT: I. The property platted is a subdivision of a portion of Lot "C" of Eiti'�1��1TON HEIGHTS (B-52) lying in Sections 21 and 28, Tocanship 54 South, Range 41 East. It �aill consist of two Tracts and nine (9) lots, and is zoned R-1-B. 2. The location of the streets and the widths conform with the standards of the Denartment of Public Worlcs of the City of. Miami, Florida. 3. As certified to by Samuel W. Reynolds, Registered Land Surveyor, tizis Plat complies with the plat filing lacas of the State of Florida. - 4. By authority of Resolution No.l`?9-83, adopted July 11, 1983, the Plat was recommended for acceptance by the City Zoning Board of Miami, Florida. 5. The attached Certificate of Title Examination dated June 22, 1983 signed by John A. Lanzetta, Attorney, indicates that the fee simple title to the property platted is correctly vested in Howard R. Scharli_n and Kenneth Treister, as tenants in common and the Plat has been correctly executed. . 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 Letter of Credit in lieu of a Performance Bond in the amount of $52,000 has been executed by Florida National Bank of Miami and Ho�aard R. Scharlin and Kenneth Treister as Tenants, in common. This Letter of Credit will . accompany the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of asphaltic concrete pavement, sod and fill 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.'s 46 & 48. 9. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Aiiami, Florida. �j� WALTL'R K. BROWN, P.E. CADASTRAL ENGINEER RB:slf • � 83-`71�' 7 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIA.MII, FLORIDA AND H0�.?ARD R. SCHARLIN AND KENNETH TREISTER FOR IMPROVEMENTS AT ANCHORAGE LOCATED AT I•IAIN HIGM•IAY & DEVON ROAD ASPHALTIC CONCRETE PAVEMENT $ 765.00 Approximately 85 Square Yards FILL $ 40,000.00 Approximately 8,000 Cubic Yards SOD $ 70.00 Approximately 200 Square Feet ESTIMATED COST OF IMPROVEMENTS $ 40,835.00 (10%) CONTINGENT $ 4,083.50 (15%) ENGINEERING $ 6,737.78 TOTAL $ 51,656.28 AMOUNT OF LETTER OF CREDIT $ 52,000.00 83-'713 r AG1tEE7;1E,;T FOR, CO:;ST -i1UCTIO,1 OF CERTAIN E-WROVEIME,;TS PU111SU NT TO PRO'II23)I0,15 OF CHAIITE11 54, SECTION 54- 30 THE' COP!: OF 'ME CITY OF MI,'V:'II, FLORIDA WiII RE:15, fiaVARD I1. SCILIMN and KL"NNf•.Iii TRf IS'fF.I2 (ltcreinafter referred to as the "Principal" anti/or "Gwncr"), co:zcurrently ��ith the delivery of this Agreement, has applied to .1111E Cir OF iII:LiI, t FLORIDA (hereinafter referred to Zts the "City"), for the acceptance and confirmation by the Cor•�.mission of said City, of a certain pro- posed plat of a subcl iv is i.on to be known as ANC110MGE a cony of which proposed plat is attached hereto and made a part hereof as E::.hibit "tip'; an.l • WHEREAS, Chapter '54, Section 54- 3D, THE CODE OF THE CITY OF AlI:1.`II, FLO?IDA, requires that: any proposed plat submitted to said Co,,mmission 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 enumerated, the performance of which Agreement shall be secured by a good and sufficient Performance Bond or Cashier's Check; 11101", THEREFOP.E, 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 83-'713 J-4 thu ce-letiun of thu zforu..,u�.tLJlloti ic:ipr:vcr,.ent.�, it is not in tl,,e pubLtc il;toreSt thM: such ccn::r-ruction wort: should he prolonzcd r_o t!;�� e:;t� nC th.It it ���7,�1:_; have �• di::c7r�;�ini:�in� effer.0 upon the Ilei�;lihoriljod lifter th(: is 0tarte(!, the Principal hereby agr(�e to prosecuLc _satd W4nrl: p2';,.;res:;? Vely so as to co-mpleto it -A-1i a renson- rib?, 1.011•;t!i of ti. e ;is c!Cte2-:li.ned by the Depart:rent of Pul)li.c [-forks. Tt;e Principal hereby agrees to ahi tie. by all of the provisions o f the " i for. for'.: i.ri the Pu[�lic:-I:i�;ht-of-[lay", a copy of which is at- tacs:ed hereto and by this reference made a part hereof. 2. In :icccru'.-Lnc(2 with the provisions of said Ch•aptvr 54, Sect:ion 54-30, Tl.. iCOD:. 0!' Ti;. CITYOi tfI::II, FLO ,, ID., the Principal herc.:ith t.enC'crs to the City a Letter of Credit in lieu of a Perfor::i- anct_- Bond or Cashier's Check, duly e.;ecuted by .the FLORIDA NATIONAL SANK OF MIAMI (11i3ANK11) in the ar;o:int of $52,000 , v2hich amount is not less than one hundred (100-) percent of the estiinatcd cost of the construction of the improvements listed in the attached E:.ihibit "B", plus twenty-five (25"0) percent for enoineeri.n- and contin-ent costs and damages, and upon completion of the construction of said improvements and subse- quent to the submission by the Principal to The City of Mir:Ini Depart— ment of Public 1..orks 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 A(,reenlcnt, the conditions of said Letter of. Credit: shall be such that th` BANK shall) within thirty (30) days after receipt of written notice from the Director of the Department of: Public Works of said City of the fai.ltlre ar of the neyluct of the Principal to perform this Agreement, construct, or cause to be constructed, the impiovments. sec forth in Exhibit "B" hereof, pay to the City a sum up to the ag-relate amount of $52,000. 83-713 4. The City shall have the right to collect the sum estimated to construct or complete the improvements set forth in Exhibit "B", said suin to bu ustinu~Led by the Department of Public Works of the City, which shell include engineering and contingent costs and any damages direct or indirect, not to exceed 25 Ala thereof, plus reasonable attorneys' -:'rich th , City may sus Lain on account of the failure of the pri.r.-�i- pni to c;.ii:ry out and execucc all. of thu- provisions of this Agreement:; provided fetcher that the City Cnmmission of 'Iiair,i, Florida, shall have thu ri,;lit to construct, or cause to he constructed, after public adver- tiseniont and- reco kj)t of bids, the itnproverients as piovi.dud for in sal* l Agrecment, and in the event that the City Coc,rni_ssi.on of IIia,ni, Florida exercises such ri-llt, it shall have the right to collect the final total costs of said icnpruvements., together with any engineerin and con- tingent costs, and any damages direct or indirect, not to exceed + t:ent�y-five ('_ 5 41) percent thereof, plus reasonable attorneys' fees, xahich 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 83-'713 i.) I;! ',!I'i.i :. ; ;•!Eir:,;i�0i , 1111'2 Owner' ha:; cau.:ed this ALrr?-!m(,nt to be excCuted in tri.)liL:ac" t_hi:, 22nd day of June , A.D. , 19 83 and Del iv<'r,c ,I 0/ A`I TEPST : Sec L� Z.av (Co porat e Sea!) ATT: ST : Se re Lar (Co(porate Seal) O L ro? r : (SE!,) (SE1:L (�n'.E L) ( SEi:L ) President Approved and accepted an behalf of the City of Miami, Florida, this day of co7v ' A . , 19�. BY: Department of Public Work: WIVIE S:'ES : r 1 r F+n...., Do., H1 7R LUnv, Q /7•7 83-713 9 STATE C)F F1_0RIDA ) ) SS COUNTY 0-F DA DE ) 1 IIEREBY CERTIFY that on this day hersonalli appeared belurt• tile, an officer duly .authorized to admrtllster na:lts and take acknovvled-ments, le)�•i,971 to me well known to be the person(s) described herein and who oxccuted the foregornt instrument, and acknowledged before me that _1' �1z executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at County of b.19 01.= and State of this _�� d,1y of A. A, D. 197 �3 Notary Public My Commission Expires: NOWZY FttiLtC ST;-,[ ZF hLGKwH Al L,"n:,E MY LAPtK:S UCt 23 lyc3 001.ULU jt,x.. G;EN ir.A.L W tS , Lr:L4:;,: Rt t uS Form - PW 0236 Rev. 5/69 METROPOLITAN DADE COUNTY - PUBLIC WORKS ENGINEERING - SUBDIVISION CONTROL OPINION OF TITLE TO: DADF: COUNTY, it political subdivision of the: Stute of Florida. With the understunding thut this opinion of title is furnished to DADE COUNTY, FLORIDA, in compliance with its Ottlinance No. 57-30, and its tin inducement for acceptance of a proposed final sulxlivisiun plat covering the real proirerty hereinafter described. It is hereby certified that 1 (we) have exanuned the: complete Abytrar.t of Title completely covering the period from the BEGINNING to June 22r_ _ _.—. A.D. 19 83 _, at 8:00 A.M„ inclusive, of the following described real property: (Describe only realty to be subdivided) A portion of Lot "C" of EWANTON HEIGHTS as recorded in Plat Book B at Paye 52 of the public Records of Dade County, Florida, lying in Sections 21 and 28, Township 54 South, Range 41 East, City of Miami, Dade County, Florida and being more particularly described as follows: Commencing at the point in the centerline of the County Road known as Main Highway intersected by the Southwest boundary line of said Lot "C", which point is S45022'09"E, 410 feet from the Southwest corner of said Lot "C", which said corner is 602.8 feet South from the NE corner of the SW 1/4 of the SW 1/4 of said Section 21 along the West line of the SE 1/4 of the SW 1/4 of said Section 21; thence along the centerline of said County Road N40°00'51"E, 25.08 feet; thence along a line parallel with and 25.00 feet Northeasterly from the Southwest boundary line of said Lot "C" S45°16144"E, 30.00 feet to a point on the Right -of -Way line by Deed dated March 22, 1903 as recorded in Official Records Book 11733 at Page 2271; thence continuing along said line parallel to the Southwest boundary line of said Lot "C" S45°16'44-E, 15.15 feet to a POINT OF BEGINNING; thence along a line parallel with and 45.00 feet from the centerline of said County Road S40°00'51"14, 25.01; feet to a point on the Southwest boundary line of said Lot "C"; thence along said Southwest boundary line S45°16144"E, 1413.07 feet to a point on a bulkhead at Biscayne Bay; thence along said bulkhead for the following seven (7) courses: 1) N43028110"E, 117.21 feet; 2) S45009156"E, 79.92 feet; 3) S39°24137"W, 55.80 feet; 4) S43006110"W, 24.60 feet; 5) S45°09156"E, 2.40 feet; 6) N43-06010"E, 24.75 feet; .7) N39024137"E, 88.77 feet to a point on the Northeast boundary line of said Lot "C"; thence along said Northeast boundary line N45016144"W, 1068.27 feet; thence S40°00151"E, 125.42 feet; thence along a line parallel with and 25 feet Northeasterly from the Southwest boundary line of said Lot "C" N45016144"W, 413.85 feet to the P0114T OF BEGINNING; containing 3.760 acres, more or less. Fusing my (our) opinion on said complete abstract covering said period I (we) am (are) of the: opinion thut on the lest mentioned date the fee simple title to the above described real property was vested in: Howard It. Scharlin and Kenneth Treister, as tenants in common. 111.0e-11 - eAGL r Subject to the following encumbrances, liens, and other exceptions. GENERAL EXCLPTIONS 1. All tuxes for the year 1n which this opinion is rendered, unless noted below that such taxes have been purd. 2. Rights of persons other than the above owners who are in possession. 3. Fucis thut would be drsclo::ed upon uccurate survey. 4. Any unrecurdad labor, mechunlcs' or muteriulmens' liens. S. Zoning and other reutrictiuns impoHe:d by governmental authority. SPECIAL EXCEPTIONS 1. Mortgage given by above named owners to Donald H. Ross, dated 3-15-83, recorded 3-22-83 in Official Records Book 11735, Page 107, Public Records of Dada County, Florida. 2. The portion of the property described below is subject to a nun -exclusive! perpetual easement for ingress and egress for the benefit of owners of the portion of Lot C of EWA14TON HEIGHTS not included in this title opinion, as created in two deeds respectively described as follows: (1) Deed dated 4-13-25, recorded 6-8-1-5 in Deed Book 660, Page 232, Public Records of Dade County, Florida; (2) Deed dated 6-18-57, recorded 7-18-57 under Clerk's File No. GG-116401, Public Records of Dade County, Florida; Commence at the point of beginning of the legal description of the property here concerned; thence S 40^00'51" W, 25.08 feet; thence S 45^16144" E, 413.85 feet; thence N 400001510 E:, 25.08 feet; thence N 45016/440 W, 413.85 feet to the point of beginning. 111.06-11 - PAGE Z 83-'712 Therefore it 1a my (out) opinion that the following parties must join in the platting of the above described real property 1n order to grant DADE COUNTY, FLORIDA, and the public, a good and proper title to the dedicated area; shown on the final flat of the aforedeacribed property, th6 subdivision thereof to be known All C I K-) RAG L' NAME INTEREST SPECIAL EXCEPTION NUMBER Howard R. Scliarlin Fee owner Kenneth 'rre i , ter " DonalO 11. Ross Mortgagee 1 1, the undersigned, further certify that f um an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. t Respectfully submi d this 2 2 ay of Jun 19 —U t E Jon A. L zetta ADDRESS 1399 SW 1 Avenue, Miami, FL 33 111.06-11 - PAGE 3 R Cj7 i j5H Tr'ANDUI`A ' Donald W. Cather i. ?1; Jai:i 2 0 ', i 'S i ,o City of I-aam' natE June 16, 1983 Public Works Departtmnt , FILE Frw,m Charles R. Rittenhouse SUBJECT Tentative Plat No. T-1202 Utility Engineer Anchorage Subdivision Miami -Dade I -later and Sewer Authority The above listed tentative plat has an 8-inch existing water supply to serve the property. If there is use requiring rare than this size, additional water mains will be required. 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