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R-82-1074
RESOLUTION NO. A RESOLUTION ACCEPTING THE PLAT ENTITLED ;RIC-DAY SUBDIVISION", A SUBDIVISION IN THE CITY OF i'*IIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE II`MEDIATE CONSTRUC- TION OF CERTAIN IMPROVEMENTS UNTIL RE- QUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE 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 CO\12,IISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled "RIC-DAY SUBDIVISION", is a re - plat of: Lots 5 and 6, Block 5, of KEW GARDENS, according to the plat thereof as recorded in Plat Book 8, at 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 by reference is made a part hereof as if fully incorporated herein and the dedications as shown thereon together with all existing and future planting, trees and shrubbery on said property to the perpetual use of the public, are hereby accepted and confirmed by the City of Miami, Florida. Section 2. The Covenant To Run With The Land executed by Ricardo Perez and Deisy Perez, postponing the immediate construction of curb and gutter on N.W. 1.4 Street and N.W. 31 Avenue 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. CITY COMMISSION MEETING OF NOV 1 0 1982 )�l_ l'MMMON !1 NM........:o.....wro palm ..waw..r.w..saws cI a;; 0 Section 3, The City Manager and the City Clerk are hereby authorized and directed to execute the Plat. PASSED AND ADOPTED this 10 day of NOVEMBER t 1982. Howard V. Gary City Manager October 21, 1982 RIC-DAY SUBDIVISION Resolution Accepting Proposer' Record Plat Located at NGJ 14 Street and tiriJ 31 Avenue Donald t3. JGa :her (For Commission Meeting D eZ:tor -'oiE ,u .bic Works of November 10, 1982 Irk _ 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 "RIC-DAY SUBDIVISION", is a replat of Lots 5 and 6, Block 5, of KEW GARDENS (8-9). It will consist of four lots and is zoned R-2. This plat is being for:-Mrded to your office for City Commission action. Also attaci-ed are the follo�aing itemized papers necessary to _ presont the Plat to the City Commission of Miami: (1) Resolution accepting the Plat. . (2) Print of proposed Record Plat. (3) A -regiment form pertaining; to subdivision imorovements . (4) Covenant postponing im:^ediate- construction of .certain subdivision improvcments . (5) Opinion of Title (6) Memorandum from the Miami -Dade Water and Sewer Authority pertainin; to water mains and annurtenances. (7) Portion of City Zoning Sheet No. 26 showing property platted colored in red. . RL:rj Y�� ■ • - IE CITY OF :•MI V-1I , FLORIDA lk, M ZEPART.NENT OF PUBLIC ;vORE:S OCTOBER 31, 198 REPORT OF PROPOSED RECORD PLAT OF RIC-DAY SUBDIVISIOw LOCATED AT 14 STREET A':D N.W. 31 AVENUE A SUBDIVISIO:•i IN THE CITY OF .MIA -MI, FLORIDA The accompanying Plat entitled "RIC-DAY SUBDIVISION" 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 INFOP.:-MIO;� REGARDING THE PLAT: (1) The property platted is a replat of Lots 5 and 6, Block 5, of KbN7 GARDE",S (8-9). It will consist of four 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 Citv of 'Miami, Florida. (-3) As certified to by ;7encesalo Ortega, Registered Land Survovor, this Plat commies with the plat filing laws of the State of Florida. (4) By authority of Resolution No. 193-82, adopted October 18, 1982, the Plat was rece=ended for acceptance by the City Zoning Bon rd of Viami, Florida. (5) The attached Ce_tificate of Title Examination dated October 13, 19S2, si-ned by Blair I. Zimamett, Esq. , Attorne—, indic tos that the fee simple title to the property platter: is correctly vested in Ricardo Perez and Deisy Pere::, his wife, and the Plat has been correctly ex.ecut,:�d. (6) The area platted is encumbered by mortgages and the mortgac-e 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 $16,400 has been tendered by the owner, Ricardo Perez. This Cashier's Check has been deposited with the Director of Finance and -,,ill guarantee the completion of the subdivision 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, removal of existing side%,calk, sidewalk, grading and shaping of street shoulder and 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 construc- tion of these improvements until the area is more fully developed. .w.,. ..«,..., ... - t 44 EXHIBIT ifwl TO ACCO'elPANY THE AGREEMENT BETWEEN THE CITY OF lMIA •lj f FLOP.IDA AND RICARDO PEREZ AND DEIS`i PEREZ, HIS WIFE FOR IMPROVE:•iENTS AT RIC-DA'l SUBDIVISION LOCATED AT N.W. 14 STREET AND N.W. 31 AVENUE :f '• ::. :: .0 SAC .. .. .. .. .. .. .. .. .. .. .. :f .. :: .. .. f ... :. .. J• S.- t1. '' °: .: .f *LANDSCAPING 10 trees in Sod parkway parkway 8,300i sq. ft. RE: -:OVAL OF EXISTING SIDE. -.TALK Approximately 980 Square Feet SIDE' •:::L'r; Approximate1, 980 Square Feet GRAJi:;G A:,D Si?-%Pl"'G OF STREET SI10ULDER $ 2�,295 Approx.i^ately 918 Square Yards SA:; ITAR Y SE. L', ESTI:L',TED COST OF IMPROVE.ME"NUS (10 %) CO:;TINGENT ., E TOTAL A:,IOU:,T OF PERFORMANCE BOND OR CASHIER'S CHECK $16 .400 CC/l of 3 ��. '. �n, .. �..�rT-.:t�i a r'aTi� %u7�� `al L+L7 iJ alr.tTry Y I;I a,.L'i.`..•a :l c ; ....,,_t•,✓C 101 v .:.A ., I:•i.•G t.'ula S4 p`T . inm i ::JHllln TO .Ui:Q:�IS ,-) S 1 C Cr{rt. 54, .:EC INS, Sa-rC Tf�G GC; �E OF TiiE CITi OF i,IIP%iI, F LCjRIDA YY..YYT:T l:��.. t�*1 Y�Y.j�tYt:L jE 74 }1HEI EA ( .+e i " r re f.1 r s '-, It tl 1"e na_ e c.:: C'1 �O 3Vti.aE.a Omer ) , COnC'1rr-z-ntly with th:' deliVe�' of this Agreement, has applied to THE C=Y OF miAmi, FTOR ILr1, (here, nafter referred �o as tl.•_ Cy�: , for the acceptance and con: i_: at!cn by the Ccmmission of said City, of a certain procozea ci_-t o_ a su vi ! s;i` s cn to be ' .�nain as a copy of which proposed = a r ; � ± t" ` _ _ a and made a � part. a- 1-. e n ' y, a- t 1 A 11 V� 1. 1J Gl vCiV as liC .a lJ Ga v ll�r J G.J u.{hiDl� � and Ch-s-n- ter 5", Sec`-,-, 5490, THE CC:E OF THE CITY OF re ul-es that any prcposed plat, sutmitted to said C=:,:ss_cn fcr accentance and confirmaticn shall be aco :.,�_.._ - ,, j _�..•_n� e.. to b,, 0;me of the 1-a 1* 7 t� _at.,'ec t• it"n tha G!_ -�c ,: r of ti:L Department of _ ?;:ol_ , , ortcJ on b?hal_ o: said Ci .-. , for the co..struction of cPr,-ai- _mprcvemen,s therein enumerated, the performance o:' shall be secured by a good and sufficient Per_ormance Bond or Cas•,_:er's C:.ec1l i1G:l, THBHFFG;tF) the G;'rner hereby covenants and agrees with the said City as follows: 1. lelithin one (1) year from the effective date of the acceptance and confirmation of said plat by the Corumission of said City, or prior to the issuance by the City of Miami of a Cert L:!ca,:e of Occupancy for the premises, the Owner will ccnstruct, or cause to gave constructed, at his own expense and in accc:dance with :.tar.dard specification.- of said City, all improvemena;z as are listed and described upon the estimate of cost of said improvements, a ecpy whereof* is attached hereto at _PQ—m FW #178 Rev 5 /$7- --. , .r..r.=�.--t ---_ter ..-. ...._-.r �,•,. _._..r-.-,.-;,x,•.•�,,.,a.__.�-•--,,•_-----,—�--�---�-� .. CC/2 of 3 3 as F::hibit "B" and ;.lade a part hereof, ALthough one year is allo..,ed Eor the ccmoLetion of the aforementioned improvements, it is not in t;1e public interest that such construction wor : should be prolonged to the e::tent that it would have a disor,anizin;-, effect upon the nei-ilborhood. After the work is started, the 0:•mer hereby agrees to prosecute said work progressively so as to complete it in a reasonable 1t?^-;rh of time as determined by. the Department of Public Works. The C,-.-Mer hereby agrees to abide by all of the provisions of the "Guide for '•'or'X in the Public Right -of -Way", a copy of which is attached hereto and b,., this reference made a part herof. In accordance with the provisions of said Chapter 54, Section 54-;90, THE' CODE OF T11%. CITL OF MU:: -II, FLORIDA) the Owner herewith deposits the City a Cashier's Chec'K in the amount of $ /C 11` �'' ..;ich a~cunt is not less than one hundred (1637') percent of the eczz.mated cost of the construction of the improvements listed in the attached "B", plus cwe seven(27 ) percent for engineering or conting-ent costs and damages, the conditions of the deposit thereof begin suc:: that if the O:vner shall fully and faithfully perform the work in accordance :•:ith the terms of this Agreement and has submitted to the City of ';ia^, i Depar=ent 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 ch_ck 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 any damages direct or indirect, not'to exceed t<;er_ty-seven(27'o) percent thurec , ..;hich said City may sustain on account of the failure of the O:-finer to carr;7 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 P,-, 10"178 Rev 5/31 a �� CC/3 of 3 ■ — iti bl�i lLUv �lhc.% v: , the Owner has caused this Agreement to be executed in quadruplicate (one orik: ' na 1 and the next three _ ca.'ton copies) thi., da., of A.D., 19D. `'eaied and Del.:er�„j l 4, 1 Sec rez;ar, (Co -. /ate SA.ii r A2TEES_. (Corp/rate Sea') o w0 `0 �-C/ (S En L ) (SEAL) (SEAL) SEE , (SE L.AL ) (Si.::L) „p-roved and accepted on behalf of the City of Miami, Florida, this / d a ,7 o f A.D. By7 e Director, Department of Pu lic Works 'V^"— Dt,t 41'70 Dn- 0 /'7'7 oil STATt OF` !`LOi IOA ) ' 1 Ss COiJi<1'Y OF DAUE ) 11tt RinY CtRTIt-Y th�►t oli this day peP!3ohd)i j app�.�ared before me, an officer duly :authorized to administer oa IS and take acknov.,lezigments, t='r2i=2- to :,Ic .vcl,, to be the person(s) described Herein and who oxccuted M ti7C fOrCg01:;l; Sri5%r 1mCnt, andi{Ck.nowlvdged before mo that i�%lc' CNecstesd the same freely and voluntarily for the purpose therein expressed. W I: tiL'SS :,yha,nd ;vncl official seal at _ / /" rjk! / County off and State of /A this , day of _ LP e' _ A. ID. 1 `3 d" }- r 1 COV \�;T TO WITH TH—E- t—A*:D (hereinafter referred t0 a3 "the O''. N:R" or "he", irres 3^cti:e of actual -ender and ni Uer, anti mz ean:n. either sin--lar or plural and includi;;,; heirs, assigns and successors in interest thereof, .There the context so requires or admits) is the present 4ee simple owner of ✓ a subdivision entitled L'%_." „>• }' vi_ ?,.✓ ` as recorded in Plat - Book at Page of t.:e Public Records of Dade Count;-, Florida,, and 11"ri E E.aS, The City of _aiami, a mun ? ci_ al corporation in the State of Florida, in the County of Dace, (hereinafter referred to as the "C: Y''), pursuant to Chaper 54, Section 5 : ?0 of T::E CODE OF T .... CIT I Ot :.il.:�:;I, FT 0 ID , requ:res the O1', ;,Z--R to construct or ca Se to be cc nst. ,:Cted at no e: -ien!ie to t.:e CiT I , t::e :oleo':':..,- iz n. o. e- meats ..itni - t"= area an(i/or on the streets abutti said subdivision and �. � �/. . , � <i..�.) r l a' - 1. . /" �', `". i J �(.' . L' /. l -•, -r` ... WH. RE:=.S, the O, NER aslcs to be relieved of his obligation to construct tf:e aforementiorusd i:r.pro:•ements at this tirr.e, and in con- sideration of the forbearance of the CITY he agrees .with the CITY that he will at his ov.,n e.xper,se Construct the aforementioned iir.orovements at such time in the future as he is notified by the CIT 2' that the aforementioned imProveti:ents are necessz;ry or desirable, NJOw, THEREFORE, in consideration of the premises herein set out; the OWNER hereby co%-t,nants and agrees with the CITY tcd tionsteuct or cause to be constructed at the expense of the OWNER, acid without cost to the CITY, the aforementioned improvements within the area and/or on the street right-of-way abutting the aforesaid sub- division, upon thirty (30) clays written notice from the Director of the Department of Public Works of the City of Miami, Florida, addressed to the OWNER, at It is expressly agreed that this obligation shall be binding upon the OWNER, his heirs, successors in interest or assigns, and shall 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 -%vay 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 Miami, Florida, then the City Manager of The City of Miami, Florida, shall act as agent of the OW NE.R or any fee simple owner of any lot or parcel described in said written notice, %vitich agency is hereby specifically created, and said City I rzda v o f it to IW2 L!.\CCL1t,6ec, A, b., 19 Signed, Selied and Delivered 0 V", E -i-esence Of: in (Sr, 74C-, (S E A L) /* (S E.-%. L) (S L) (S E—E.% L) (S L) . ........ .. ATTEST: As Princtppal (Cor'3Q--at Orl) (C orporata Seal) As Presicient ATTEST: Fprzn, MV 4270 Rev 4169 to me wel'. kn��wn to be the persons) descri'oc�c! herein and v:h�� ��x� c uteri ti:c fa ret;otn�, i::strument, and ;tc!:nov:l0d1-,ed before mt, that eNecuted the same freely and voluntarily for the purpose therein expressed. W iTN SS h-ar.ci �tnci offictrtl seal at _t4 f�j! County of - and State of - this day of `1 4' x5 T POPOLITAN DADE COUNTY - PUBLIC WORK' ENGINEEP.ING - SUBDIVISION CONTROL OPINION OF TITLE TOpA1r. tr0(', Ty. a political subdivision of the State of Florida. with the understanding that this opinion of title is tu:nished to DADE COUNTY, FLORIDA, n c,-'77p::3::ce with its Ordinance No. 57-30, and as an inducement for acceptance of a proposed final s t•:::a: - ciat cover:nti the real property h-reinafter described. It is hereby certified that I (we) have eza-;,rd :fie ce,-.plete .Abstract of Title completely covertng the period from the BEGINNING to A.M., inclusive, of the following described real property: (L� scab, only realty to be subdivided) Subject to the following cncurnbrances, liens, and other exceptions: GENERAL. EXCEPTIONS I. All taxes for the }•e©t in which this opinion is rendered, unless noted below that such taxris hava-been paid, 2. nights of petsons other thnn the above owners who are in possession+ 1. facts that would be disclosed upon, nccurate survey. d. Any unrecorded lobo;, mechanics' or materialmens' liens. 5. Zoning and other estrictions impor,ed by governmental authority, SPECIAL EXCEPTIONS 1 A�i�_ e• ,:zC,..i�e�_::g i.ot 5 onl;•, ox.ecuted by P.IG%FZ0 PE: and Di:IS'I PEr^EC, in fa' cr of FI;i;Er'1,L SA`:'it-GS & LOAN ASSOCIA,, lON dated 1°7',3 :11' r. D e c e 7111h, 1978 under Clerk's File :'�o. 78R-309145:, 0_`_`�ciai FC cor�a nor. �. 10� 1q, P, -c 1523 of the Public Records of Da e Cr ::.`. Flori.ia. S+2c..rinc t;;e on final su.. of $54,000.00. ^'r• :1, i� of .. _.Citi. t:J�,.._Ie1a:+�ii -I Me Cnange0 t0 - .. ., .... .._ .... .s: ..::T.... .�1::..1 .. .. ... _.._ .'L . __........, S.:. I:. .. i ri.., is �r CL..i::. _... _C' R:L�.'�'� ?i._ and DE'-'SY PE .......r - tCr i.T� ...... _. i:i.. is .. ... :i:.:�T r Cat _� -anU-I 7`�h, 1981 - '. �S n•� 1 i r �1e_..'s lle .;o. = �..-i? i, rec:orcic In Off1C:a; + ri.. Of ` Cr. 11C ?.CCOYd3 o Dace Count., r 'iCr_�.._. i^ at Lip.. ire: o cal; of 595�.7'� njus interest fYOm Januar. lE, Sa:._`•�_. Sr as ., 1� ... r • • r ?1 f - A 8140 1074 Theiefeie a is .ny lonr) opinion that Lhe following partie- must join in the platting of the at �.c aescri�ed real in order to grant DADE COUNTY, FLORIDA, and the public, a good and ;••;r> titre to ;he dei:ca:r_d arras shown on the !inal Plat of the n(oredescribed property, the subdivision SPECIAL EXCEPTION HAVE INTEREST NUMBER Donald W. Cather, Director october 205 1082 City 0, ,.,i.ami Fubli c Works Dept, Ch arl'3s R. 'tentative Plat ftT 1.153 Ric -Day Subdivision t •f �1y 42, 41 42 r O N N 13 a64an 3 � i '9 2 6 W A 80 TT8 LT SU5 Q 2 3 4 5 8 60 _! 60 94 11.3 IG` 99 Its . 7 116 r 117 K7 424 j • • 414 � rJ _ J 402 c 401 Ml� 4 rn .3�0� 39 3p, r 378 R, r, fn rJ r,cr rn h r, ,377 38? . _ �1.�L _ . t'•.r 'ram. ••�' •i _Y. 18 v -� 133 1-34 376 - - -- - •► rn N — O - Q to 365� O - — ! C, 0 a,303 fin I I rri N N N N r 2r33 N Le2ff"'ICNO, 292 inkn;1 N rJ N N 291 Zap 279 N 238 N rJ N N N N 239 r C) N ^ ._ N N rJ N rJ /1117 N 238 0 2C �• 235 .o 5o f� �� r> ;n ly� '� n N ! t, n (� to ..�1-•--^-- 2•iti t' t n� N *rJ a N N NrJ N'(\ �q�47 R rJ N r�J ry 2-37 y�• n w A Z ^�j .� ,rr r� •r 1 2 y 0� FLINGOS SUB' • .j , •'.y�y,L .�� i'r��Cf \ IIO _ :u.:..r :IlO. 5 5`4 e z 5 6r to 75 r..,. _a �0 '1r� S 6 14 9 8 7 15 _ _1 ` I =R VILLA 16