HomeMy WebLinkAboutR-83-05290
0
RESOLUTION NO. 83"'529,
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"V. P. GARDENS", A SUBDIVISION IN THE
CITY OF ;iIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVE-
MENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; 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 "V. P. GARDENS", is a resubdivision
of Lot 10, Block b, "KEW GARDENS", according to the plat thereof, as
recorded in Plat Book 8, Page 9 of the Public Records of Dade County,
Florida, all lying in Section 33, Township 53 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 Covenant To Run With The Land executed by
Victor Perez-Villar and Adela Perez-Villar, his wife, postponing the
immediate construction of curb and gutter until such time as required
by the Department of Public Works of the City of Miami is hereby
accepted and the proper officials are directed to record said covenant
after plat has been recorded in the Public Records of Dade County,
Florida.
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CITY COMMISSION
MEETING OF
JUN 15 1983
Mfi nu. 83-1-525
0
Section 3. The City ,tanager 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 15th day of June 1983.
;laurice '� Ferre
MAURICE A. FERRE
M A Y O R
ATTEST:
LPH G. ONGIE P/
` CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
-2-
APPROVED AS TO FORM AND
CORRECTNESS:
t
E R. GARCIA-PEDROSA
CITY ATTORNEY
83--5290
20 CITY OF MIA MI, FLORIDA
INTER -OFFICE MEMORANDUM
7O Howard V. Gary DATE June 1, 1983 FILE:
City Manager
SUBJECT "V. P. GARDENS"
Resolution Accepting Proposed
Record Plat Located at N.W. 14
Street & 31 Avenue
FROM REFERENCES:
Don d Cather ENCLOSURES;(For- Commission Meeting "of
Director of Public Works June 15, 1983)
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 "V. P. GARDENS", is a resubdivision
of Lot 10, in Block 6, of "KEW GARDENS", according to the plat thereof,
as recorded in Plat Book 8, Page 9, of the Public Records of Dade
County, Florida. It will consist of two lots and is zoned R-2.
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) Covenant postponing immediate construction of certain
subdivision improvements.
(5) Opinion of Title.
(6) Memorandum from the Miami -Dade Water and Sewer
Authority pertaining to water mains and appurtenances.
(7) Portion of City Zoning Sheet No. 26 showing property
platted colored in red.
RB : ri
T
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
JUNE 1, 1983
REPORT OF PROPOSED RECORD PLAT OF
V. P. GARDENS
LOCATED AT N. W. 14 STREET & 31 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
:'c %ti � •� ;;• �4 'x ;'; •k �'c � 9'c :4 J: �'c k ;'c �': �'r � �'c � •� �Y * � * * * •& ;k sti 4c :':
The accompanying plat entitled "V. P. GARDENS", was prepared by
Wencesalo Ortega. 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 resubdivision of Lot 10, in
Block 6, of "KEW GARDENS", according to the plat thereof,
as recorded in Plat Book 8, Page 9 of the Public Records
of Dade County, Florida. It will consist of two lots
and is zoned R-2.
(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 Wencesalo Ortega, Registered Land
Surveyor, this plat complies with the plat filing laws
of the State of Florida.
(A) By authority of Resolution No. 56-83,-adopted April 11,
1983, the plat was recommended for acceptance by the
City Zoning Board of Miami, Florida.
(5) The attached Certificate of Title Examination dated :a
February 24, 1983, signed by Osualdo C. Martinez, Attorney,
indicates that the fee simple title to the property platted
is correctly vested in Victor Perez-Villar and Adela
Perez-Villar, his wife, and the plat has been correctly
executed.
(6) The area platted is encumbered by a mortgage 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, a
Cashier's Check in the amount of $3,600 has been tendered
by the owners, Victor Perez-Villar and Adela Perez-Villar.
This Cashier's Check has been deposited with the Director
of Finance and will guarantee the completion of the sub-
division improvements according to the provisions of the
Agreement between the City of Miami and the aforementioned
owners. The improvements required at the property platted
are listed as follows: Removal of existing sidewlak, side-
walk, sanitary sewers.
(8) Since there is no curb and gutter in the vicinity of the
property platted, it is recommended that the attached
covenant be accepted postponing the immediate construction
of these improvements until the area is more fully developed.
-1-
( 9) 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. 26.
(10) The attached resolution has been prepared for the
acceptance of the plat by the City Commission of Miami,
Florida. -
WALTER K.
ROWq
,,.& CADASTRAL BNGINEER
RB.rj
-2-
z
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA-
AND _
VICTOR PEREZ-VILLAR AND ADELA PEREZ-VILLAR
FOR IMPROVEMENTS AT
V. P. GARDENS
LOCATED AT N. W. 14 STREET & 31 AVENUE
REMOVAL OF EXISTING SIDEWALK $ 300
Approximately 300 Square Feet
SIDEWALK - $ 550
Approximately 300 Square Feet
SANITARY SEWERS $2,000
ESTIMATED COST OF IMPROVEMENTS $2,850
(,107) CONTINGENT $ 285
(15%) ENGINEERING $ 470
TOTAL $3,605
AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $3,600
flOL �"'"2 .
:y cc/1 of 3
AG,1E-=-:-:E'1T ?CR CIN' RUCTIO14 OF CER'�AI:1 Ii1P=0VEiiE�1Tj
PURTUA'NT TO PROVI--I :13 OF
CHAPTER 54, CECTIG;1 54�0
THE CCDE OF THE CITY OF MIAMI , FLORIDA
1t Y.}�?E�;{ *?('�3[�ZjE ?E iE 7E1�E Y'iC ?E i'�E •IE
(hereinafter referred to as. the "Owner"), concurrently with the
delivery of this Agreement, has applied to THE CITY OF MIAMI,
FLORIDA, (hereinafter referred to as the "City"), for the
acceptance and confirmation by the Corm-iission of said City, of
a certain proposed plat of a subdivision to bo known as
9 /,E�G'�iL� a cop; of which proposed
ci ate is attached hereto and made a part hereof as Exhibit "A";
and
VrAEREAS, Chapter 54, Section 54 -j0, THE CODE OF ThE CITY
OF MIA•II, FLORIDA, requires that any proposed plat, submitted
to said Commission for acceptance and confirmation shall be
accompanied by an Agreement entered into by the Owner of the
land being platted, with the Diractor of the Department of
:.—
Public Works on behalf of said City, for t'-te construction of
certain improvements therptn enumerated, the performance
of which Agreement shall be secured by a good and sufficient -
Performance Bond or Cashier's Check;
NOW, THEREFORE, the Owner hereby covenants and agrees with
the 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 Owner will
constructs, or cause to have constructed, at his own expense and -
in accordan+'e with standard specifications of said City, all
improvement] as are listed and described upon the estimate of
cost of said improvements, a copy whereof is attached hereto
52
. JForzo FW #178 Rey 5 /81
CC/2 of 3
as Exhibit "B" and made a part hereof, Although one year is allowed
for the completion of the aforementioned improvements, it is not in
the public interest that such construction wort-, should be prolonged
to the extent that it would have a disorganizing effect upon the
neighborhood. After the work is started, the Owner hereby agrees to
prosecute said work progressively so as to complete it in a reasonable
length of time as determined by the Department of Public Works. The
C:ener herebv agrees to abide by all of the provisions of the'"Guide for
t•?ork in the Public Right -of -Way", a copy of which is attached hereto and
by this reference made a part herof.
2. In accordance with the provisions of said Chapter 54, Section
54-,1 0, THE CODE OF THE CITY OF MIAMI, FLORIDA, the Owner herewith
deoosits with the City a Cashier's Check in the amount of $ :' 00
which amount.is not less than pne hundred (100%) percent of the
estimated cost of the construction of the improvements listed in .the
attached Exhibit "B" plus m-en F�(*//.) percent for engineering or
contingent costs and damages, the conditions of the deposit thereof
being such that if the Owner shall fully and faithfully perform the work
in accordance with the terms of this Agreement and has submitted to the
City of Miami Department of Public Works a letter from a Registered
Land Surveyor certifying t%av the Permanent. Reference Monuments indicated
I
on the Plat have been installed and properly placed, the amount of said
check shall be returned to the Owner; otherwise, in the event of the
failure or neglect of the Owner to perform this Agreement, said check,
shall be applied by said City to the cost of constructing or completing
the improvements, together with any engineering or contingent costs, and
an es direct or indirect not to exceed twenty �sm �ScD
Y damages ' ty ( percent
thereof, which said' City may sustain on account of the failure of the
Owner to carry out and execute all of the provisions of this Agreement.
Owner further covenants -and agrees to pay the said City reasonable
attorneys' fees in the event of the Owner's default.
Form PW #178 Rev 5/81
CC/3 of 3
IN ldI::lESS WHERZOF, the Owner has caused this Agreement to
be executed in quadruplicate (one original and the next three
carbon copies) this . day of A.D. , 192E�.
Signed, Sealed and Delivered
in the Presence of, Owner:
G (SEAL)
`�
(SEAL)
(SEAL)
__(SEAL)
(SEAL)
ATTT
ecret:ary Princi al Corporation—
(Corporat)b Seal)
ATTEST:
cretar
(Corporate Seal
sident
Princi Corporation
President.
Approved and accepted'on behalf of the City .of Miami, Florida,
this day of 1%'!ki A ., 19.
By: cum
Diredtor, Department of Public Works
i
.
..,: �.. 83-529
0i 0
I
STATE OF FLORIDA ) _
) SS -
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personallf
appeared before me, an officer dui; authorized to administer oa-.hs
and take acknowledgments, V :?, ,e2. N.1k'4 —� AJ��•� �e+cz.
V,\�c i• —
to me well kno\,.'n to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that
executed the sane freely and voluntarily for the Purpose therein expressed.
W ITNESS my hand and official seal at /07/A/W
b.,Ac County of .dam and State of 71,•.4n.
this 4 day of _ A�� , A. D. 19
o ar3r Public
My Commission Expires:
k e-
Form - PW * 9236 Rev. 5/69
a
COVENANT TO RUN WITH THE LAND
WHEREAS, `%iL'TJ/� Plr'G.'•-V.Gl..9/� i4N�
VGGi7/Z
(hereinafter referred to as "the OWNER" or "he", irrespective of
actual gender and number, and meaning either singular or plural and
including heirs, assigns and successors in interest thereof, where
the context so requires or admits) is the present tee simple owner of
a subdivision entitled VI-,
as recorded in Plat
Book at Page of the Public Records of Dade County, Florida;
and
WHEREAS, The City of Miami, a municipal corporation in
the State of Florida, in the County of Dade, (hereinafter referred to as
the "CITY"), pursuant to Chaper 54, Section 54-20 of THE CODE OF
THE CITY OF `4IAMI, FLOZIDA, requires the OWNER to construct or
cause to be constructed at no expense to the CITY, the following improve-
ments within the area and/or on the streets abutting said subdivision
v/� �d •4�t/'.D � vrT� �
and
WHEREAS, the OWNER asks to be relieved of his obligation ;
to construct the aforementioned improvements at this time, and in con-
sideration of the forbearance of the CITY he agrees with the CITY that he
will at his own expense construct the aforementioned improvements at
such time in the future as he is notified by the CITY that the aforementioned
improvements are necessary or desirable;
NOW, THEREFORE, in consideration of the premises
herein set out, the OWNER hereby covenants and agrees with the CITY
to construct or cause to be constructed at the expense of the OWNER,
and withoitt cost to the CITY, the aforementioned improvements within
the area and/or on the street right-of-way abutting the aforesaid aub-
division, upon thirty (30) days written notice from the Director of the
Department of Public Works of the City of Miami, Florida, addressed
to the OWNER, at /j40- -L��inB" Cd�/ti�Ty-fLA 33i4¢
It is expressly agreed that this obligation shall be binding
upon the OWNER, his heirs, successors in interest or assigns, and shall
i
be a condition implied in any conveyance or other instrument affecting the
title to the aforesaid subdivision or any portion thereof.
In the event that the OWNER or any future fee simple owner
of any lot in said subdivision shall fail to cause the aforementioned
improvements to be constructed within the area, and/or in the street
right-of-way abutting the property platted as herein provided within
thirty (30) days after the mailing of the written notice from the Director
of the Department of Public Works of The City of Miaini, Florida, then
the City Manager of The City of Miami, Florida, shall act as agent of
the OWNER or any fee simple owner of any lot or parcel described in said
written notice, which agency is hereby specifically created, and said City
Manager shall cause the aforementioned improvements to be constructed •_
at the expense of the OWNER and/or said fee simple owner. and the amount
of such construction cost shall be declared and established as a lien on the
property of .such defaulting OWNER and enforced as any lien for materials
furnished and work and labor done, as provided under the Statutes of Florida.
83--529
IN 'XITNESS WHEREOF the OWNER has caused this
agreement to be executed this dad• of AMIZ -
A . D . , 19�. _.
Signed, Sealed and Delivered O%VNIER
in the Presence of:
(SEAL)
.�1 �..� �, (SEA L)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
ATTEST:
As Secretar;
(Corpo ate Seal
ATTEST:
As Secr ary
. (Co porate Se )
THIS INSTRUMENT WAS APPROVED AS TO FORM AND
PREPARED BY: LEGALITY:
S
City Attorney
=3-
- Form PW #Z70 Rev 4/69
Alp
s
STATE OF FLORIDA
) SS -
COUNTY OF DADE )
I HEREBY CERTIFY that on this day person.all/
appeared before me, an officer duly :authorized to administer oa is
and take ackno..'le:igments, -j',,F& ��i�Z \j,\\,4 A.�,\C tPcrcz 'VA\r-4
to nee well kno..'n to be the person(s) described herein ,and who executed
the foregoing instrument, and acknowledged before me that A1,CY
executed the same freely and voluntarily for the Purpose therein expressed.
WITNESS my hand and officinal seal at
County of Z)A4 and State of F%oc.A4-
this `k '~ day of NIP,.
l A. D. 19 a3
ag
ublic •." ' � � i l �'
Ivry Commission Expires:
t
Form .. PW OZ36 Rev. 5/69
AE T RC$ CL:T ;:I D:.CC COUNT'( - PUBLIC WC,?KS
E:1G;r+E=-Rl11G - SU110171 "ION C01I TROL
OPIIIIC:I OF TITLE
TO: DADE COUNTY, a political subdivision of the State of Florida.
andcr :t.i-dine Oat :ht-.; optni„n of tttl•: is furnr-.hcd to DAD. CCUNTY. FLO210A,
:n cor••+it ;nee .v:tti it: Ordinance No. 57—A and a:: an intlucem,.-nt iot Icceptarc: of a proposed final
t:t.,n ;tl.:t cn:trta^, t!:r. real ,•:c::trty lte,cinafter de -.crib -A. It is hereby certifmd that I (we) have
t:ciaalete Ab•;t:zct 1i 'Ci.,!e conalettA co%,:ttnq the period from. the UG::l;;L';G to
1983 _, at S.00 A.M.. inclusive, o{ the fol:owin; described real ptoFe:t7:
Wesc:the only realty to he subdividt:d)
Lot 10, in Block G, of KEN GARDENS, according
to this plat thereof, as recorded Ln Plat Boole
8 at Page 9, of this I'll[)I Lc IWCOrds Of DMIQ
County, l'lorida.
• 1
j
ny (our) opinion on said complete abstract co�rtinb said period I (we) a, (arc) of
tLc opi:::un that on the last merit toned -date fct: simple title to the above dose:iLed teal r.. •:Iy was 1
vt•acd in: - - I •
VICTOR PEREZ-VILLAR and ADELA PL'•REZ-VILLAR, his wife
t
ti
II.C4.11 PwG[ 1 •, .
• i
t
• - 83�-525' i
(Ild
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1. Mt tawn. tor the }eat in which this opinion r; unle,.:; no-t!tl bulo-m that such taxes have been
V.1 id.
of other than the abr)%c a,vriols who art! m po5:;e!;:;lon.
3. F.ictr. :hat ivould be disc!osed upnn accu:,ilc
1. An,.* %.nrecont*..,d Libur, rrechanic:;' )c maturtal:.-vet ' her.:;.
S. Lutim..; mid utht!r runtt.cliorr.; imposed by j;avvtnmental .3uthoflt-..-.
SPECIAL EXC"PTIONIS
6. Mortgage given by VICTOR PERU-M.U%Rand ADLLA PEREZ VlLLAR, his wife,
to
C.V. RAULERSON and ZELIM RAULLPISON, his wife, filed T or recurd December 27, 1979,
in' Official Records Book 10610, at Page. 2234, of tlie Public Records of Dade Collm..
Flurlda.
d
83-525.1
T...: •i .;e :l t; n, �:1 . ,,.:t,rn ..,t ':r• ,il,.�,.: ; ,-..,::.r vt.t :Z 'r �:.,rt.
w,-. ., .. ..:�t ,.:...•... rn •r ., .•rt••t t).11;:, r�.:t:.'�j'i I�1...'1•..',. .,::•: .... ... .
�: r•c i1. to 1• .. .. :r: ..:�.. - :1 ..;t.�l Pl ,t ut !� t- rf•.. . tit_ 1 � fr � .:t ...q .. ,
v l' .CAI:1)1:N!
II.� •tr Irl r ':i:rT SF'��'!:•L E XCZPTir:' 1
IIU I6 ?
VICTOR PEREZ-VILLAR Owner. '
ADL LA P1-'1kEZ-V ILLAR Owner.
C.V. lb%ULERSON Mortgagee. . 6
ZEL;41 lUXLERSON Mortgagee. 6
9
1. lb: unrtr:rr.i;;:•:t!, ft•rtl.er ccrtify 01.1t I :nu a,i atrufftey-.u•law duly adr•,it:rd to ptaC::C;
in fl:e State of Flwida. and Ill, a re:nlrer in 1,0-md ::tam!in{• of lite Floritla Ilar.
28th rl��
of February.
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NAML
.Suite 1040 City National Bank B g. ;
• 25_%-,.s_t Flasler Street_, Miami. -la.
ADDUCSS 3130 1
STATE OF FLORIDA:
COUNTY OF DADE:SS' \������,� �•; �•J,);, ,
SWORN TO AND SUBSCRIBED before the on thi da uf•Apxil,%L983..
III.C4�11 PAgc 3
Notary Public.
KW8ttft� i ' Norl�
W�R Lorpl`
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l
MEMORANDUM
To Dm ald W. Cather DATE May 2, 1983
City of Miami
Public Nbrl{s Deoartment FILE
FROM Qiarles R. Rittenhouse SUBJECT Tentative Plat No. T1186
Utility Engineer V. P. Gardens
Miami -Dade Water and,o%Ter Authority
The above listed tentative plat has a 6-inch and a 4-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.
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