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HomeMy WebLinkAboutR-83-0350E J-83-2G4 RESOLUTION NO. 83--350 A RESOLUTION ACCEPTING THE PLAT ENTITLED ROSOR SUBDIVISIOh, A SULDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING ThE CITY MANAGER AND CITY CLERK TO EXE;CUTF ThE PLAT AND PROVIDING FOR THE; kECORDATION OP ;SAID FLAT IN THE PUBILIC FFCORDS OF DADF COUNTY , FLOkI t)A . VtiHEEEAS, the City Zoning Hoarti and the Department of Public iNorks have recommended the acceptance of the plat: NOW, THEREFORE, 13F, IT REoOLVED BY THE COMMISSION OF' THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled ROSOR SUBDIVISION is a resubdivision of the Vest 1/2 of Lot 7, all of Lot 8 and the East 1/2 of Lot 9, Floc}: 2, "KENSINGTON" according to the plat thereof-, as recorded in Plat gook 13, Page 45 of the Public Records of Iiade County, Florida, all lying in Section 33, Townshin 53 South, Range 41 East, City of Miami, Dade County, Clorida which subject plat by reference is Inane a part hereof as it fully it-corporated 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 Manayer 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 April , 1983. ATTEST: zi G. UNGIE ty Clerk PREPARED AND APPROVED HY: G. MIRIAM MAER Assistant City Attorney Maurice A. Ferre MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: tiSE R. GARCIA-PEDF t!1TY COMPdISSION ty Attorney �JEETING OF wpcjpb/031 aPR 8398350, IRMOLU11UN Mi. - 70 Howard V. Gary -:.T=. March 23, 1983 City Manager ROSOR SUBDIVISION Resolution Accepting Proposed Record Plat Located at N.W. 18 Terrace between N.W. 30 Avenue & Donald W. a ter '`�--' 31 Avenue D rector , f Yuc lyid Works (For Commission Meeting ._ --� : of April 28, 1983 ) The Department of Public 14orks 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 ROSOR SUBDIVISION is a resub- division of the West 2 of Lot 7, all of Lot 8 and the East 2 of Lot 9, Block 2, "KENSINGTON" according to the plat thereof, as recorded in Plat Book 13, Page 45 of the Public Records of Dade County, Florida, and will consist of (2) tracts totalling 0.22t of an acre. It is zoned R-1. 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. 26 showing property platted colored in red. RB:rj 8P-3so THE CITY OF 1,11M-II , FLORIDA DEPART".IENT OF PUBLIC WORKS MARCH 23, 1983 REPORT OF PROPOSED RECORD PLAT OF ROSOR SUBDIVISION LOCATED AT N.W. 18 TERRACE BETWEEN N.W. 30 AVENUE & 31 AVENUE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying plat entitled ROSOR SUBDIVISION was prepared by Caribbean Land Surveyors, 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 resubdivision of the West 2 of Lot 7, all of Lot 8 and the East 2 of Lot 9, Block 2, "KENSINGTON", according to the plat thereof, as recorded in Plat Book 13, Page 45 of the Public Records of Dade County, Florida, and will consist of (2) tracts totalling 0.22f of an acre. It -is zoned R-1. (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 Jose A. Perez, Registered Land Surveyor, this plat complies with the plat filing laws of the State of Florida. (4) By authority of Resolution No. 34-83, adopted February 14, 1983, the plat was recommended for acceptance by the City Zoning Board of Miami, Florida. (5) The attached Certificate of Title Examination dated March 15, 1983, signed by Julio Pastoriza, Attorney, indicates that the fee simple title to the property platted is correctly vested in Rocmar Investment Corp., a Florida Corporation, 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 requirments of Chapter 54, Section 54-30, of the Code of the City of Miami, Florida, a Cashier's Check in the amount of $3,500 has been tendered by the owner, Rocmar Investment Corporation. 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 owner. The improvements required at the property platted are listed as follows: landscaping, asphaltic concrete pavement, removal of existing sidewalk, sidewalk, grading and shaping of street shoulder and sanitary sewer lateral. Page 1 of 2 83--350 • (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. 26. (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:rj Page 2 of 2 83-350 omw EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIA111I, FLORIDA AND ROCMAR INVESTMENT CORPORATION FOR IMPROVEMENTS AT ROSOR SUBDIVT.SION LOCATED AT N.W. 18 TERRACE BETWEEN N.W. 30 AVENUE & 31 AVENUE *LANDSCAPING $ 620 ASPHALTIC CONCRETE PAVEMENT $ 270 Approximately 30 Square Yards RE;IOVAL OF EXISTING SIDEWALK $ 440 Approximately 440 Square Feet SIDEWALK $ 792 Approximately 440 Square Feet GRADING AND SHAPING OF STREET SHOULDER $ 185 Approximately 74 Square Yards SANITARY SEWER LATERAL $ 450 ESTI:IATED COST OF IMPROVEMENTS $2,757 (10%) CONTINGENT $ 276 (15%) ENGINEERING $ 455 TOTAL $3,488 AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $3,500 J %Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. 83-350 4, ; CC,/1 of 3 AGREZ;iE lT CP, CO:J `:RUCTTOJd OF CERTAI:J INPROVEi•;E:;T- PUR�lir, NT TO PRO'•/ IS IONZ Or CHAPTER 54, CECTION 54-30 THE CODE OF '.rPE CITY OF MIAMI, FLORIDA x�csx;ts:r�F?Eii•tz�g{x�.siF•?4•?c?E�iE$ ;di-EREAS, - RQ�:1iti�idyES �i ii�QP�, a Florida corporation_+ (hereinafter re.' -erred to as the "Otrmr") , concurrently with the delivery of this Agreement, has applied to THE CITY OF MIrMI'l FLORIDA, (hereinafter referred to as the "City"), -for the acceptance and confirmation by the Commission of said City, of a certain proposed plat of a sutdivision to be knc.•in as - �C 'q S� DT•, a copy of which proposed plat ;, is atacand made:e : hereto and a part hereof as Exhibit "A and - r.:EP;EyS, Chapter 54, Section 54_;0, TH- CODE OF THE CITY O" :ITA:01, FLCRTDA, requires that. any proposed plat, -ed 1d� $UUl:lll... to said Commission for acceptance and confirmation shall be accompanied by an Agreement entered into by the 0.•iner of the 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 oi' 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 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 hereto . ____Form P14 #178. Rey 5 /81 CC/2 of 3 as Exhibit "B" and made a part hereof, Although one year is ello:aed for the completion of the afotgmentioned improvements, it is not in the public interest that such construction wor(c 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 wor(c progressively so as to complete it in a reasonable length of .time as determined by - the Department of Public Worlcs. The Cwner hereby 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 30, THE CODE OF THE CITY OF IMI AMI, FLORIDA, the Owner herewith deposits with the City a Cashier's Checic in the amount of $3,500.00 which amount is not less than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus 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 that the Permanent. Reference Monuments indicated 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 Fi ✓f" -� any damages direct- or indirect, not'to exceed mer_ty-set�n(W, ) 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 • 83-350 CC/3 of 3 I,N 4ITNES"'; IdHEP,EOF, the Owner has caused this Agreement to be executed in quadruplicate (one original and -the next three carbon copies). this 17th day of Mcirch A.D. , 1983 . Signed, Seed and Delivered in the Prq ence of: 7 ATTEST: Secretary (1Cor*ocr_tte Seal) ZUM -� Ne S er: ( SEAL ) (SE-.L ) (so AL u -� (Sc ) ROCfAR• jvVY;j,�,'r.'T C092, a Florida cornoratio Principal (Corporation President C- 5 Approved and accepted on behalf of the City of Miami, Florida, this A day of A.D., 1981 By: Director, Department of Public WorE: WITNESSES: •/ [- ���(�"- van ,�JV� 83-350 AA , Iid �•.II�;�a.:,� ��....'� h3� cau:--2d these oresentz to he e -.'. cu 1�e,d a rn:i s1 gne._-4 in its n::-, e by i t z, pr` nc ,, o1 L ice. J , and it J ccr oorate seal to b ai. �.._c'. hereto and attested to by its Secreca-p the day an-.: year first above set forth. Sir ld, Seelcd and Delivered r. in e p�r�„„� o.'. I'LL t n e s� 1 / -n0ss / S7',T_c OP K ORT._ CCU.iT,. C DADE ROCT,.1AR INVESTMENT CORP., a Florida corporation It esident Attest: Poc� Its Secretary CORPORATE SE .L I HERE" CERTIFY that on this. 17th day of March A.D., 19 83 , ' before me persona ly ap^esrec M TROSENand ROCIIELLE a � �- a nitVli� ROS ROSENN the President and Secretary respectively of ROCtiIAR INVES'r.!EN1 CORP. a ccrccration under the 1a,,:s of the Cate of Flor=da, tc kr.o::n to be the persons who signed "he o..�ci..�instrument. as such o. _ _c _ . and se r ' 1i ac.cno•..IdC;1 t, e e;:eclltion t,jer eof to be their free act and deed as such o �'_cers for the use- � d cos 'kt _rei ""� `.- oned and that they af. i::ed thereto j �n par �s � n n„_,. t - the said instrument is 1 he of��ci21 seal of said corpor�t�on, arse: that the act and deed of said ccrporaticn. WIT_:ESS my hand and official seal at Miami., County of Dade, a:1d State of Florida, the day and year last aforesaid. Ny Corn, ion Exoires APPROVED AS'TO FORM & CORRECT4NESS City Attorney ca aL LarSe APP ED Gil`------� Director, Department of Public Wor4:s This Instrument Prepared by Department of Law City of Miami, Florida f , } 1 83-350 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 (vmo) have examined the complete Abstract of Title completely covering the period from the BEGINNING to �z7,g=%h 1.5 A.D. 19 83 , at 1.,45 p.S1., inclusive, of the following described real property*. (Describe only tealty to be subdivided) The Nest 1/2 of Lot 7, all of Lot 8 and the East 1/2 of Lot 9, Block 2, Mi SINGTO.+, according to the Plat thereof, as recorded in Plat Book 13, at Page 45, of the Public Records of Dade County, Florida. Basing my (44►) opinion on said complete abstract covering said period I ('nr) am (6m) of the opinion that on the last mentioned date the fee simple tit14 to the above described teal property was vested in: RMAR INVESTDIENT CORP., a Florida Corporation 111.06-11 - PAGE 1 Q 0 83-s350 f S o Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless nuted 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 lubor, mechanics' or materialmens' liens. S. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. Mort,;age- dated :1civ 11, 1972, filed Yziv 15, 1972, under Cl.erk's 1'ile, No. 7-"P.-104778, to Chase Fedaral Savings and Lorin Association, in the original amount of S18,000.00. 7. -Easement dated August 14, 1923, file:.! Sep`_cniber 1, 1926, under Clerk's file No. A-11+932, in favor of MIA:-1I r'LECTIUC LIM'T A;:D POWER CONPA�;'i, across the most southern five (5) feet of the subject property'. 10 111.06-11 - PAGE 2 83-350 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 DADE COUNTY, FLORIDA, and the public, a good and proper title to the dedicated areas shown on the final flat of the aforedesctibed property, the subdivision thereof to be known as ROSOR SUEDIVISIO?I NAME INTEREST SPECIAL EXCEPTION NUMBER ROOL%.R INVESTMENT, CORP., a Florida Cornorat ion fee simple owner CHASE FEDERAL SAVINGS & LOAN ASSOCIATION Mortgagee #6 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. Respectful ly submitted this 16th $ ay of 19 , NAME J IO PASTORIZA, ESQ. &5 301 A1mPrin AkranuP f Cnral Gables, Florida 33134ADDRESS IIt,06.-tt - PAGE 3 83-350 MEMORANDUM 11 ;e!c-.,-•Y:!1!+^,' +:•ci tT•::'r"�"�i+S 'tu!M!•.t/M+p; .r�.y;,�.J.�>;K. To DotuL1 1-1. (,idler, Wr(.rL•t�)!- UATI h><�t'cft LU, 1983 City of Miami. l ul)lic Worlu, Ikrl)t . ►OLK •U<•JI�.T (1iat•lc•c; R. Rittu111L)ILSL •1•u!►Lntivu 1'L:lt llj, Tll9u litiliLv iI I- 14.).;or SdAi.vi:dun hti�ulu-lLla U'aLL•r Buis :lowur AuLlwrity xe .l •lli! al)JVu liJLL:d tcnLatlVu 1)l.aL luu• a 4-inch vX.i .11l}; W:iLLL- :;lq)1)I.y (u If Llit•ru i:, .ui UIUSuil u.5e ruclui.rillp, ncru Lltiu! 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