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HomeMy WebLinkAboutR-82-0759RESOLUTION NO. 82- 759 A RESOLUTION ACCEPTING THE PLAT ENTITLED "JACKSON TOWERS SUBDIVISION", A RESUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN 014 SAID PLAT; 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 CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled, "JACKSON TOWERS SUBDIVISION", is a replat of a resubdivision of that portion of Block 20 of HIGHLAND PARK, Plat Book 2 at Page 13 lying northerly of the North Right -of -Way line of the East-West Expressway and that portion of the 10 foot alley lying within said Block 20; also a portion of Tract "A" of AMENDED PLAT of Block "C", "D" and SEMINOLE PLACE OF HIGHLAND PARK, Plat Book 41 at Page 95 and that portion of Northwest 8th Court lying between North- west 15th Street and the northerly Right -of -Way line of the East-West Expressway, in the City of Miami Section 35, Township 53 South, Range 41 East, all in the Public Records of 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 City Manager and the City Clerk are hereby authorized and directed to execute the Plat and record same in the Public Records of Dade County, Florida. PASSED AND ADOPTED this 29 day of ATTEST: MATr I ACTING CITY CLERK JULY ,1982. MAURICE A. FERRE MAU ICE A. FERRE, MAYOR PREP AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: C / WI-lela 7"'� ��« G� SOON TERRY V.APERCY I GE NOX, DEPUTY CITY ATTORNEY CITY ATTORNEY MEETING OF JUL2 9 1982 152-"759 room.....,•.................ON" 17 • , • Howard V. Gary City Manager Donald W. Cather Director of Pub Works July 15, 1Q82 ._ "JACKSON TOWERS SUBDIVISION" Resolution Accenting Proposed Record Plat Located at N.W. 8th to 9th Avenues and NY. 15th Ftreet to East-West Expressway. (For Commission `feeling of — ______ - 29 ,_-1982) _. The Denartment of Public T•Torks recom- mends the anpr.oval of the Plat by the City Commission of Miami, Florida, and certifies its correctness as to form. The proposed record Plat entitled "JACKSON, TOTTERS SUBDIVISION" being a resubdivision of that portion of Block 20 HIGHLAND PARK, Plat Rook 2 at Page 13 lying northerly of the North Right-of-[.Tav line of the East-West Expressway and that portion of the 10 foot wide alley lying within said Block 20; also a portion of Tract "A" of A=)ED PLAT of Blocks "C", "D" and SEMINOLE PLACE OF HIGHLAND PARK, Plat Book 41 at Page 95 and that portion of. N.TT. 8th Court lying between N.t•'. 15th Street and the northerly Right-of-1-Tay line of the East-T-Test Pxnressway and will consist of two Tracts with a combined area of 2.8+ Acres. It is Zoned R-5 and R-4. ` 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 T.Tater. & Sewer Authority pertaining to water mains and appurtenances. 6. Portion of City Atlas Sheet No. 24-H showing property platted colored in red. RB:es THE CITY OF MIAPII, FLORIDA DEPAKT11ENT OF PUBLIC WOPuS JULY 15, 1982 REPORT OF PROPOSED RECORD PLAT OF JACKSON =-TERS SUBDIVISON A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "JACKSON TOWERS SUBDIVISION" was prepared by Zurwelle-4rhittaker, Incorporated. It is in correct form for submission to the City Commission and is forwarded with a recom- mendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: 1. The property platted is a resubdivision of that nortion of. Block 20 of HIGPLAPID PARK, Plat Rook 2 at Page 13 lying northerly of the North Right-of-Vav line of the East-T-'est Expressway and that portion of the 10 foot wide alley lying within said Block 20; also a Portion of Tract "A" of AI`ENDED PLAT of Blocks "C", "D" and SEMINOLE PLACE OF NI(,TiLAND PARK Plat Book 41 at Page 95 and that portion of N.I.I. 8th Court lying between N.W. 15th Street and the northerly Right -of -Way line of thw East-West Expressway and will consist of two Tracts with a combined area of 2.8+ Acres. It is Zoned R-5 and R-4. 2. The location of the streets and the widths conform with the standards of the Department of Public Worts of the City of Miami, Florida. 3. As certified to by James D. Reeves, Registered Lane? Surveyor, this Plat complies with the plat filing laws of the State of Florida. 4. The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of a portion of the North -South alley located in Block 20 HIGHLAND PARK Plat Book 2 at Page 13 and that portion of N. I-T. 8th Court ben-.,een N. V. 15th Street and the East-1'7est Expressway. This action was confirmed by City Commission Resolution No's. 36721 and 46484. Page 1 of 2 82-759- 5. By authority of Resolution No. 55-82, adopted April 5, 1982, the Plat was recorrnnended for acceptance by the City Zoning Board of Nliarni, Florida. 6. The attached Certificate of Title Examination dated June 4, 1982, signed by John M. Zizzo, Attorney, indicates that the fee simple title to the nronerty slatted is correctly vested in Ophthalmology Research Foundation, Incorporated and the Children's Home Society of Florida Incorporated and the Plat has been correctly executed. 7. The area platted is not encumbered by mortgages. 8. 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 $73,700 has been executed by the Ophthalmology Research Foundation, Incorporated, Princinal and Fidelity and Deposit Company of Maryland, Surety. This Bond and the Surety's Power of Attorney will accompany the Agreerr.ent between the City of Miami, Florida and the Principal to guarantee the construction of Landscaning, Asphaltic Concrete Pavement, Removal of Existing; Sidewalk, Removal of Existing Curb and Gutter, Sidewalk, 6" Curb and Gutter, 8" Curb and Gutter, Storm Drainage Structures and Reworking Existing Pavement at the property platted. — 9. The location of the n_roperty is shown colored in red on the accompanying copy of a portion of City of Miami, Florida, Atlas Sheet No. 24-11. 10. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of iliami, Florida. ,'alter K. Brown, P.E. Cadastral Engineer RB:es 82-759-- EXHIBIT "B" 0 . 0 0 ,1 t ,, ,ENT y, r . _ lO A�,CO��PAi; r l.i� AGRE�t,E'�; i BET ,: EI1 THE CI,� _ OF I4IA1,1I, FLORIDA AND THE OPHTHAL'1C`LOGY RE EARC1i FOU'iDAT=Oi', T1;C, FOR Ii:PROV�i;,T:;JT2 AT JACK,Oi: T01;ERS S UP:DItlI-TO': *LANDSCAPING 1. A total of seventeen (17) hade trees t be planted in sidetvrs l.: ctit s . See sheet 2 for oidevalk cut :,pecific :lions. Any ccmbination of the followint shade trees will be acceptable. a. Brasil Beaut;,•leaf b. Golden Zhower C. FonEam d. Rcsewood Black olive or MahoF;an:r will not be accepted, These trees to ccnforr-, to the fo l lo;: in-: standards: Grade — Florida "1 or better Heij ht — 8 to 10 feet overall AS. ..TIC C0*.CP.Ei._ Ac roximately 1, L00 squ,:re ':arils R-`r,'.\. ,jAL Or _%.!.,,Tl..G Api.I'Oxir^fitelJ,4�0 Square"eel RE;-;':';rAL OF EXI2TI1:3 CURE A':D GUTTER Apr.roxim,ately 1,020 Lineal Feet �J "IDE6 A L K 8a 73C Approximately 5,820 Square Feet 6" CURB AND GUTTER Y 7 Approximately 1,0�5 Lineal Feet 8" CURB AND GUTTER $ 680 ' Approximately 85 Lineal Feet S CRI, DRAINAGE STRUCTURES $ 4,050 RE ,,10RK EXISTING PAVENENT 12 Approximately 2,440 Square Yardsz2 00 ESTIMATED COST OF IIIPROVEMEI.TS $57,223 (100%) CONTINGENT $ 5,722 (17%) ENGII;EERING $10,700 TOTAL $73,645 AMOUNT OF PERFORMANCE B014D OR CASHIER'S CHECi' $73,700 *Information concerning the landscaping requi,--.ements shall be obtained from the City of Miami Planning Department, 82-759- •r� s1 i �, rJ fr.F+ jJ Ile E 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 attaches] hereto as Exhibit "B" and made a part hereof. A1Lliouti;h one year is al10WOd for the cumpleLion of Lhe Forin IV #179 Rev 1 I PB/ 1of4 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, The Ophthalmology Research Foundation, Inc., a Florida Corporation, not for profit (hereinafter referred to as the "Principal"), concurrently with the delivery of thi'§ Agreement, has applied to THE CITY OF MIAMI, 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 subdivision to be known as Jackson Towers a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54-20, THE CODE OF THE CITY OF MIAMI, FLORIDA, require that any proposed plat submitted to said Commission 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; NOW, THEREFORE, 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 hereto as Exhibit "B" and made a part hureuf. Althous;h one year is a110WL-d lc)r the comple.Lion of Lhe Form ]1J #179 Rev 5/51 82-75g -- aforemention-L-3 improvements. it i:: not .in the public ir.ter�_::1: that duch ccr:otructlon work should be prolon^ed to the extent that it would have a disorganizing effect upon the neighborhood. After the wort: in started, the Principal hereby a►;reel to prose^ute --aid work pt'ogressively no as to complete: tt in a rea:;onable length of time as determined by the Department of Public Wor'k:. Thc• Principal agreed to �,•ide by all of the provisions of the 'cC,;ide for Wor'..c in -the Public-RiF_ht-of-Way", a copy of which is attached her etu a,,d b;; thiz reference made a part hereof. 2. In accordance with the provisions of caid Chapter 511, - ?r,, ;`HE CODE OF THE CITY OF MIAMI; FLORIDA, the Principal herewith tenders to the City,a Performance Bond duly executed by the Principal and a surety company or companies authorized to (io business in the State of Florida, as surety,,in the amount of $ 73,700.00 , which amount is 'not lend than one hundred ' 10Oa) _ percent of the estimated cost of the construction of the Linprove- merits list«1 in the attached Exhibit "B", plus twenty-seven( 27%) percent for en.:ineering and contingent costs and damages, and upon completion of the construction of said improvements and subsequent to the submission by the Principal to The City of Miami Department of Public Works 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 Perforin7nce Bond :gall be released. 3. In the event the Principal ::hall fall or negluc t to fulfill his obligations under this Agreement, the conditions of said Performance Bond shall be such that the surety or sureties: shall, wit'iin 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 ne.-lect of the Principal to perform this. A-reeif:e:-►C, construct, or cause to be constrUCterl, the ir1 rJ`!cc:l�'rl'. set forth in Exhibit "B" hereof; provided that it' the Div,,.,:tor of* the Department Cf Pudic 1','QVIto of _aid Clty -o :IeCL-, the Prinrtl,-il a 0 Form PI-1 N 1 7 9 :t,'v i. O /r n 82-759 ®R 0 and the :,urety shall bA jointly and c;i.vr•r•:ll ly ILOIle to p.-ly to � l�• City the surm est.I,:►at•zd to construct or conpl ete the ir..provem,?nLn set forth on said Exhibit "B", said .urn to be e::timat,:d by the Department of Public Works of said City, and shall pa;; to said City an;; en;;ineering and ccntin�*ryn: cocas, and. any da,,,oe:-. d.irs•!t or indirect, not to exceed tlwenty-sever►(2i%) percent thereof, plus reasonable attorneys' fees which the City may sustain on ac^_cunt of the failure of the Principal to carry out and exectite :ill. of the provisions of this Agreement; provided further that the City Cc,,=_4 ss!cn of Miami, Florida., shall. have the 'right to c on::t rut L , or cause to be constructed, after public-Ldvertic-ement, and receipt. of bids, the imzrovements as provide) for in _aid Agreen^rit, and in ';he event that the City Ccr:mi,ssion cf iliar;i, Florida exercise:: nuch rl-ht, the Principal anti the ::ur•r:ty nhall lac. ,joi; tl:; anti ce-�eral? y liable to pay the City Vic: i.r►a l total uo;-.L.- nl' :-.alfl improvements, together kith any er ;ine.,rir,r and contInt—ni. cC-t-, and 4ny darzges direct or inr it c:. c, not to exceed tm.7enty-seven (27%) the_ eo , plus reascnab_e at ccrneys' fees, which the C:.ty may sustain on account of the failure of the Principal to carry out and execute the provisions or this Agree cent. Said Perfor.;ance Bond is attac:;ed hereto as Exhibit "C" and made a part hereof by reference. IN WITNESS :•!I'.E OF, the Principal has caused this Agrecu►er:t to be executed in quadruplicate 'one original and the nc• i, three carbon copies) this day of Signed, Sealed and Delivered in the Presence of: Principal (Individual.) (S E 1', L ) (SEAL) •_ (:ESL) ( E:hL) ;t I•'u:•n I';1 R179 R.•v ) n/Leg i 4 of 14 A l 'I' rry �-vT Ophthalmology Research Foundation, Inc. a Florida Corporation, no for profit �l X i'ritic i.l.11 ion) ej _J� (Corporate Seal) �.v�, President A 1 TES Secretary Principal (Corporation) (Corporate Sea!) Presiden; Approved and accepted on behalf of the City of Miami, Florida, t h s syL _day of jci'L A. s By hector, Depar:vent cr Pudic wcr:.z- WIT;:FSSSS : Yorn) 1'N%' i1170 kov lU/i3O 82•-'759 ' IN V.,1'1111'i:i:'.1. .... r1:�I: i:.. 71,,. (•:Ill: •l� �.ti' El i•1!.:l•Tl l.: to t).� �'...'• '.1L'!:: :11:0 t l 11.'.t lit iL. iI t'�'� tl-/ 1 L. I!1'flt)!'�' C�) i' i'•. . . , :I:1`_t L�... c!( t•. t ! :.. _t: il' t•'•Lu :t11 :tt.• !!.:L1.:d * 0 by it.. �,�,� •.�,;,�-. :! th.• Lt:ty alv! year fit•.:L z-h0't0 :if1t. t'oc•Lll. i -ned, Scn1cd and Delivered 01e of: Wltnesz Witness Wi0Mess Witness Ophthalmology Research Foundation, Inc. a Florida corporation, not for profit President )KCORPORATE SEAL, STATE OF FLORIDA COUNTY OF DADE ) o� P I HERESY CERTIFY that on this day of A.D. , 19=1-0 before me personally appeared Zr,0 12,0 64+p r�/Y a corporation under the laws of the State of Florida, tc n:e known to be the pe. sons who signed the foresoing instrument as suchofficers and severally acknot•:le3g the execution thereof to be their free act and deed as such off-icers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, the day and.year last aforesaid. ` t•:ntary Pc;1''^ Sr.., c( ct t.- I•1y Co..ission Expires: otary7�Pub ic, Ptate of Florida ar Large APPROVED AS TO FORM &CORRECTNESS APPROVED City Attorney Director, Department of Public Works This Instrument Prepared by Deonrt;ment of Law City of Mi,trtli 3 Florida P/D Exhibit "C" i Page 1 of PERFORMANCE BOND (EXHIBIT "C") STATE OF FLORIDA ) _ COUNTY OF DADE ) ss CITY OF MIAMI ) KNOW: ALL MEN BY THESE PRESENTS: That we, The Ophthalmology Research Foundation, Incorporated, a Florida _ Cor_nrnt-it-:n_ not- for pmfi (hereinafter referred to as the "Principal"), and Fidelity and Deposit Co;npany of Maryland a Surety Cornuany authorized to do business in the State of Florida, (hereinafter referred to as the "Surety") are held and firmly bound unto The City of Miami, Florida, (herein- after referred to as the "City-") in the penal sum of seventy three thousand seven oo/ hundred and i00')ollar s (S 73,700.00 ) for the payment of which we bind ourselves, our successors and assic.,ns, for the faithful performance of a certain % ritten Agreement dated the 22nd day of April , 19 82 , tendered by - the Principal to the Cit for IF the construction of certain improvements as listed and described upon the Estir^ate 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 knov,-n as Jackson Towers a copy of which said Agreement is incorporated herein by reference and is made a part hereof as if fully copi_d herein. NONV, 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- pally 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 I)CIMrtlnellt of 1111blic Works of the City so elhcts, the Surety will pay to the City the still, ('Ntlill.ltod to t't111:;trllc't or C0111111t•t'. 1111• llill) 1'()%'t'Itlt'llt-i set forth ill said A!, roolllt'llt, ialll :will to 1,,- l•:.tllllatcd by 111L' l)tI;).irtlllolit of 1"11blir Works of the City, anti v:ill ll.ty to tllt- i.11)' ;lily c 11,',Int't'1'lnj! .►11t1 c ontl n!!ollt co.'t.., and .111y ol• indirt'Ct, 1110 It, I . • t�/ LJ ..�rtt6i.• .. t n7P•: g l! rr U 1 r cext,t•l•tl SC: :::t':ii (�1 l.l'Iti tllc•re-1, plivi rt••teit nald- atturtiv%•t fc.•t-s %,%lltclt the Cttyr :I`dv yll'IWtrl an 1ec.'Jcttlt r,l cite I.rtlure t►I the Prrnctl,.t! ttl curry clef ant) texreute all cif the prov1`+iof15 of said Agreernettt; prtrvided further that iltr. City C;c�m:ni,tiiorrt�f Mi:tttti, Florida, shall have the right to construct or c:auLea to be ronstructed, after public adve'rtiscment and receipt of bids, the improvements as proviL'ed fc: in said Agreement, and Ri the evr:nt that the City Commission of ?Miami, Florida, exerc.ses such right, the Principal and the Surety shall be jointly and severally liable thereunder to pay the City. the final total cost of said improvements, together with any enginee.:ind and contingent costs, and any damages direct or indirect, not to exceed ,.ten per cent thereoi plus reasonable attorneys' fees which the City may sustain on account of the failure of the Principal to carry out and execute the provisions of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Performance Bond to be executed in quadruplicate this 27th day of I.lay A. D. 19 A� . WITNESSES: Principal (Individual) (SEAL) (SEAL) (S EAL) (SEAL) (SEAL) (SEAL) ATTEST: . - Secretary • Principal (Corporation) i (Corporate: Scal) President ATTES'l'•� Ophthalmology Research Foundation, Inc., J �WWI a Florida Corporation not f= profit Secretary Principal (Corport ti'on) 4corporate Seal) _ • Yrt:sicicnt (Sctrcty Fidelity and Deposit Company ^of Dlaryland Sr.tl) �' .. ' .____»•_ Surety17 EdwartlyR. Woolard 909 Brickell. Plaza, JMiaRL, Fla._ __.--_ ------•---GGUJJT,4SIGNED .._.._..._-' t:tl)• �:\lire, trr•�. ..... 4 Oit �A ES!D'c1.t AGENT Power of Attorney FIDELITY AI'�4- DEPOSIT COMPANY MARYLAND HOME OFFICE, SAITIMORE. MO. K ow ALL MEN BY THESE PRESETS: That the FIDELITY AND DF.17051T COJtPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C, L. FECOT, JR , , Vice -President, and C. f-1. KE"'INS , 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 hoard of Directors or by the Executive Committee, shall have power, by and With the concurrence of the Secre• tarn 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 Company 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 E. B, Elondel1, Jr . , ,,Xi. J , cart 1 . `.1,:?.:. ickscn, ir_,car6 .. ,:oolard , Enrique V. Lezama , Jchn ;; . Charlton , Fr.nr: J D , J . Saunders and W. lfiark Yi ens-er , all of Miami, Fior_da s true and lawfulagent 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 undertakin7s ......... . . n t eexecution 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, Nld., in their own proper persons. This pc:;er of attorney revokes that issued cn behalf of 8. B. 2_:-dell, Jr., etal, dated, February 10, 1982: The said Assistant Secretary dc" hereb% certify that the aforegoing is a true copy of Article VI, Section 2, of the fay -Laws of said Company, and is now in force. IN WITNESS «'IfEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDr_LtTY AND DEPOSIT COMPANY Of NTARYLAND, this 2 nd . day of ..................... AFr.il............................ A.D. 19 �?... +..�. FIDELITY ANI) DEPOSIT COMPANY OF 'MARYLAND ATTFST: SEAL =...,.•��t ....... By, A ssistant Secretary %'ice -Presiders STATE OF MARYLAND l SS: Ciry OF BALTIMORE J On this 22rid day of April A,D. 19 82 before the subscriber, a Notary Public of the State of ,faryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the F1nELtTY 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 came, and being by me duly sworn, severally and each for himself deposeth and saith, that they arc the said officers of the Company aforesaid, and that the heal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corferate 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 WHEREOF, i have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. K;;taryFubl►E_ tres.:.......:.....s............. CERTIFICATE 1, the undersigned, Assistant Secretary of the FInELiTY AND DEPoSiT COSIPANY 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 du 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 -Fact as provided in Article VI, Section 2 of the By -Laws of the PIDLLiTY AND DEPOSIT COMPANY OF AiARYLAND. 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 AlARYLAND at a Meeting duly Galled 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 Company, shall be valid and binding upon the Company with the same force and effect as though manually atnxed." IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the said Company, this _............... _17.th........ .............day of....................... Y................ _............ 19..82.. ................................ I .... .... . ......... I............ L1428Ctf.-3S+1, I1.81 :H234 — 030assistant Sty cktry F(W 1'(WR I'l:tlTI.C"ilci\ I.tltI!: PARCEL TWO: Children's Home Society of Florida, Inc., a Florida corporation not for profit JOI114 M. ZIZZn,,_ ESQ. 82 -'758-- SuNect to the Poll')•xlnq encumbrances, liens, and other exceptions: GVIEP.AL 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 surve;i. 4. Any unrecorded labor, mechanics' or materialmens' liens. S. Zonihc, and other restrictions imposed by governmental authority. SPECIAL, EXCEPTIONS 6. Yasement for gas main across Lots 21 and 22 recorded in.Deed Book. 558; Page 433 ("Easement for maintenance of gas mains across Lot allowed until such time as Gas.Company re -Lays Mains").. 7. Restrictions re: Neighborhood Development Program Area 3, recorded under Clerk's File No: 73R-129112. 8. Rights of Miami -Dade Water and Sewer Authority to gravity sewer and water main lying in existing Northwest 8th Court south of North- west 15th Street. 9. Rights of People's Gas Company to 6-inch gas main lying in existing Northwest 8th Court south of Northwest 15th Street. JO11N M. z1zzO, ESQ. III.C6-is - PAGC 2 Thcreiore it rs my (our) opinion that the followinti parties must join in the platting of the abu•:e r'cscr:c Ild :cal procr?rty in orccr to ryrant DAD' COUNTY. FLORIDA. and -he public. a corA and proper trt!c to the d'edicatcd areas .iown on the final Plit of the aior._descrabed proYerry. the subdivision the-eoi to be known as JACKSON TOWERS SUBDIVISION • NA!.tE INTEREST SPECIAL EXCEPTION NUMBER Ophthalmology Fee Owner Research of - Foundation Parcel One Children's Home Fee Owner Society of - of - Florida Parcel Two I, the under;it;ned, further certify that ! am an attorney -at -law duly admitted to practice in the State of Florida, and am a member in rood standing; of the Florida Bar. Re::Pectfully subm.ittcd this 9 Shay JOHN A. NAME ZI7,Z0=, -ESQ. 1600 SE First Nat'l Bank Bldg. Miami, Florida 553131 i�r.ca�rr PAGr: 3 , SC U)VLE "Atl PARCEL ONE: Metes and Bounds description of that portion of Block 20, and the West One -Half of Park Drive West (now known and hereinafter referred to as Northwest 8th Court) as shown on a plat entitled "HIGHLAND PAP.K", recorded in Plat Book 2, Page 13, of the Public Records of Dade County, Florida, lying northerly of the northerly right of way line of the East-West Expressway, State Road 836, Miami, F.-�orid _'being more particularly described as follows: i...-.y t. ..i Commencing at the Northeast corner,.of:the '5outheast One Quarter of the Northeast One Quarter of Secton 35,'-Township,3 South, Range 41 East, run South, 0°58'02" East, 18'.distance of 751:'5 feet to a point on the centerline of Windfield Street?(now,, known and hereinafter referred to as Northwest 15th Street): Thence run South 87°52128" i;((est-along;Lhe. centerline of said Northwest 15th Street, a distance of 770:'02 feet to a point; V ;y V. A , Thence run South 20 10117" EasE; a -distance -0­f 20.feet to a point, said :._ point being the Northeast corner.of 20 as shown on a plat entitled "HIGUAND PARK", recorded in_Plat Book 2, Page 13, of the Public Records of Dade County, Florida; said point also being the Point of Beginning of the parcel of land herein described! From said Point of Beginning run South 87°52'28" West along the North line of said Block 20, along the South line of said Northwest 15th Street, a distance of 259290 feet to the Northwest corner of said Block 20; Thence run South 2*10155" East along the West line of said Block 20, along the East line of Avenue "R" (now known as and hereinafter referred to as Northwest 9th Avenue), a distance of 429884 feet to a point, said point being 29:84 feet South of the Northwest corner of Lot 14 of said Block 20; (continued) 82-'759 SCHMULE "A" (Continued) Thence run North 60°25'09" East along the Northerly Right of Way line of the East-West Expressway, State Road Nod 836, along a straight line passing through the last mentioned point-a_ndfa."point on the East line of said Block 20, said point being.:51.1'Seet North='of the Southeast corner of Lot 6 of said Block 20, a distance of`i315t21 :feet to a point on the centerline of Park Drive West (now known as -and`hereinafter referred to as Northwest 8th Court); ,.:k, _t ,; ► Thence run North 2°10'17" West along the said_centeiline of Northwest 8th Court, a distance of 234E50,feetto a -point; Thence run South 87°52128" West; -a` distarice:of-20 feet to a point on the East line of said Block 20; _ _ �' `► �"'� , :� -� ==ice Thence run North 2*10117" West along the UAst line Iof said Block 20, a distance of 50 feet to the Point of Beginning o_f the parcel of land herein described° 82-759- S== "B" PARCEL TWO: The North 1/2 of Tract "A", according to the amended Plat of Blocks "C" and "D", and SEMINOLE PLACE OF 1I1GHLAND PARK, according to the Plat thereof, as recorded in Plat Book 41, at Page 95, of the Public Records of. Dade County, Florida, together withthe_East 1/2 of N-W 8th Court as shown on said Plat, less that,,, parceY-of:-land ddscribed as Parcel No! 138 in Eminent Domain Proceedings�►nd;;Ozder.`•of.,Tak9:ng-recorded March 13, 1967 in Official Records Book 807 at Page-611,;as follows: That part of: The N 1/2 of''Tradt "A;' HIGHLAND;'FARK amended according to plat recorded in Plat Book Pale 95, '.of• the Public Records of Dade County, Florida, being more Particularly',,described as follows: Begin on the East line of said Trac"A;';at a`point 169:50 feet South 2° t 09' 17" East from the intersection of Ole 'North line of said Tract "A", Extended with the East line of said !Tract,"A"'extended, thence South 20 091 17" East 55!25 feet more *or�,less along' the East line of said Tract "A" to the South line of the N 1/2 of-saidTract."k", thence Westerly 105:0 feet more or less along the South line of -the N 1/2 of said Tract "A", to the West line of said Tract "A" thence North 2° 10' 17" West 0279 feet.along said Wcst line, thence North 60° 25' 09" East 118!26 feet to point of beginning! 82-'759 SCHEDULE "C" Lots 1 through 5, both inclusive, Block 20; Lots 16 through 22, both inclusive, Block 20; that portion of Lots 6, 7, 8, 14 and 15, Block 20, lying Northerly of the East-West Expressway -State Road No. 836; the 10-foot wide Alley lying between said Lots in Block 20; as recorded in Plat Book 2, at Page 13, and as said Lots and Block are shown on a Plat entitled "HIGHLAND PARK" recorded in Plat Book 2, at Page 13, Public Records of Dade County, Florida. That portion of Tract "A" of "AMENDED PLAT OF BLOCKS C, D AND SE tmoLE PLACE OF HIGHIIAND PARK", and that portion of N.W. 8th Court lying between N.W. 15th Street and the Northerly Right -of -Way line of aforementioned State Road No. 836, as said Tract "A" and Court are shown on the Plat thereof, recorded in Plat Book 41, at Page 95, Public Records of Dade County, Florida. The express purpose of this Plat is to close, vacate, discontinue and abandon for public use of the aforerm_ntioned portion of N.W. 8th Court and the aforemen- tioned 10-foot wide Alley. All of the land being hereby platted, exclusive of street right-of-way dedicated by this Plat, is more particularly described as follows: ConTrencing at the N.E. Corner of the SEQ of the NME' of Section 35, Township 53 South, Range 41 East, run S.00158102"E. along the East line of said Section 35 a distance of 751.50 feet to a point at the intersection of the last mentioned couWse with the centerline of Winfield Street, now known as and hereinafter called N.W. 15th Street, as shoNm on a Plat of "HIGHLAti� PARK" recorded in Plat Book 2, at Page 13, of the Public Records of Dade County, Florida; thence run S.87052'28"W. along said centerline of N.W. 15th Street a distance of 680.00 feet to a point in the center of "BROiv'ARD CIRCLE", as shown on aforementioned Record Plat; fence run S.02"07'32"E. a distance of 70.00 feet to a point on the Northerly lire of Tract "A" of "AlLENDED PI AZ OF BLACKS C, D AIM SE~UMLE PLACE OF HIGFII..AM PARK", as shown on the Plat thereof, recorded in Plat Look 41, at Page 95, of the Public Records of Dade County, Florida, said point being the Point of Bogi-ming of the land herein described, and the Point of Curvature (P.C.) of a circular curve concave to the Northeast; thence run along the arc of said curve, having for its ele7ent a central angle of 52130117" and a radius of 70.00 feet, a distance of 64.15 feet to the Point of Reverse Curvature (P.R.C.); thence run along the arc of a circular curve concave to the Southwest having for its elements a central angle of 521130'17", a radius of 45.00 feet, a distance,of 41.24 feet to the Point of Tangency of the last mentioned curve; thence run S.87'52128"W. along a line parallel with and 25.00 feet distant Southerly of the centerline of said N.W. 15th Street a distance of 231.05 feet to the Point of Curvature (P.C.) of a circular curve concave to the Southeast; thence run along the arc of the last mentionad..Iuuve having for its ele- ments a central angle of 90°03123", a radius of 25.00 feet, a distance of 39.29 feet to the Point of Tangency (P.T.) of said cove; thence run S.02110' 55"E. along a line tangent to the last mentioned curve and parallel with and 25.00 feet distant Easterly of the centerline of Avenue "R", now known as and hereinafter called ' N.W. 9th Avenue, a distance of 302.59 feet to a point; thence run aloncl the arc of a circular curve concave to the Northeast having for its elements a central angle of 57°25116'�, a radius of 25.00 feet, a distance of 25.05 feet to the Point of Re- verse Curvature of a circular curve concave to the Wbst; thence run along the arc of said curve having a central angle of 120001120", a radius of 40.00 feet, a dis- tance of 83.79 feet to its intersection with the n-_rtherly Right-of-way line of East -inmost Expressway (State Road No. 836) ; thence run N.60°25109"E. along the said right-of-way line of State road 836 a distance of 440.88 feet to a point; thence, deflecting to the left, run N.02°09149"W. along the Wasterly line of N.W. 8th Avenue, as sh owm n on the aforementioned Record Plat of "AA�'DED PLAT OF BLOCYS C, D AND MIINOLE PLACE OF HIGHLAND PARY.", as recorded in Plat Pook. 41, at Page 95, of the Public records of Dade County, Florida, a distance of 10.31 feet to a point; thence run along the arc of a circular curve concave to the Northeast having for its elements a central angle of 121r-00128", a radius of 30.00 feet (Bearing of Chord being N.12°11'19"W.), a distance of 63.36 feet to the Point of Reverse Curva- ture (P.R.C.) of a circular curve concave to the Northf.me-st; thence run along the arc of the last mentioned reverse curve having for its elements a central angle of 50°28'44", a radius of 25.00 feet (Bearing of Chord being N.23'04'33"E.),a dis- tance of 22.03 feet to the Point of 'Tangency (P.T.) of the last mo-ntioned reverse curve; thence rm N.02°09' 49"iJ. along the said «stcrly line of N.W. 8th Avenue a distance of 63.21 feet to the Point of Curvature (P.C.) of a circular curve con- 82-753- mrRSHON SAWV FR. JOH..STON. DIINWODY lG COLE.I6OO SOUTH[AST FILET NATIONAL MANIC BUILDWG, MIAMI. FLORIDA 13131 . I t SCHEDULE "C" (continued) cave to the Southwest; thence run along the arc of said curve having for its elements a central angle of 89057143", a radius of 25.00 feet, a distance of 39.25 feet to Point of Tangency (P.T.) of said curve; thence run S.87052'28"W. along the Southerly line of said N.W. 15th Street a distance of 27.56 feet to the Point of Beginning (P.O.B.), containing 2.75 acres, more or less. MERSMON, SAWYER, JOHNSTON, pUNWOOY d COL[. 1600 SOUTHEAST FIRST NATIONAL BANK BUILDING, MIAMI, FLORIDA 33131 Donald W. Cattier, Director City of Miami Public [dorks Dept. Charles R. Rittenhouse t?tility'Engineer, WASA June 15, 1n82 Tentative Plat `T-551 Jackson To:•rers The above listed tentative plat tia-s sufficient existing water supply to serve the property. Unless there is an unusual use, additional water mains will not be required. CR :'Si" : ew cc: T. 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