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HomeMy WebLinkAboutR-82-0270RESOLUTION NO. W] 82-270 A RESOLUTION ACCEPTING THE PLAT ENTITLED IZQUIERDO SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, the City Zoning Board and the Department of Public Works have recommended the acceptance of the plat: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled IZQUIERDO SUBDIVISION is a subdivision of the following described property: That part of the South h of the N.W. k of the N.E. k of the N.W. k of Section 6, Township 54 South, Range 41 East, described as follows: Begin at a point 25 feet due North of the Northwest corner of Lot 28 of Flagler Grove Estates, as per Plat thereof, recorded in Plat Book 7, at Page 155, thence run due North 120 feet to a point, thence East 100 feet to a point, thence South along street borderline to a point 25 feet North of Northeast corner of Lot 27 of Flagler Grove Estates, thence Westerly to point of beginning, lying and being, in City of Miami, Dade County, Florida, which by reference is made a part hereof as it 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 City Clerk are hereby au- thorized and directed to execute the Plat and record same in the Public Records of Dade County, Florida. PASSED AND ADOPTED this 25 day of MARCH 10,82. MAURICE A. FERRE ( C�� MAYOR �CIT CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS-:- ,ew 8 2 - 2 7 0 . DEPUTY CITY ATTORNEY CITY ATTORNEY GEORGE F. K.NOX, JR., ■ CITY OF MIAM1, FLORIDA INTCR-OFFIG_ MEMORANDUM To: Howard V . Gary DATE: February 4, 1982 FILE: City Manager sUDJECT. IZQUIERDO SUBDIVISION, Resolution Accepting Proposed Record Plat Located at N.W. wRom- Donald W. Cather REFERENCES: 53 Avenue and N.W. 5 Street Director (For Commission Meeting of Dpa me �b �c Works E"CLoSUAEs: February 25, 1982) / �. The Department :of Public Works recommends the approval of the plat by the City Com- mission of Miami, Florida, and certifies its correctness as to form. The proposed record plat entitled IZQUIERDO SUBDIVISION is a sub- division of the following described property: That part of the South 2 of the N.W. 4 of the N.E. 4 of the N.W. 4 of Section 6, Township 54 South, Range 41 East, described as follows: Begin at a point 25 feet due North of the Northwest corner of Lot 28 of Flagler Grove Estates, as per Plat thereof, recorded in Plat Book 7, at Page 155, thence run due North 120 feet to a point, thence East 100 feet to a point, thence South along street borderline to a point 25 feet North of Northeast corner of Lot 27 of Flagler Grove Estates, thence Westerly to point of beginning, lying and being id Dade County, Florida, having a total of 0.28+ of an acre. It 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. Opinion of Title. 5. Memorandum from the Miami -Dade Water and Sewer Authority pertaining to water mains and appurtenances. 6. Portion of City Atlas Sheet Fo. 31-B showing property platted colored in red. RB:es 0 82-270 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 $3,500.00 has been tendered by the owner, Gerardo Izquierdo and Clara Izquierdo, his wife. This Cashier's Check has been deposited with the Director of Finance and will guarantee the completion of the subdivision improvements according po the provisions of the Agreement between The City of Miami and the afore- mentioned owners. The improvements required at the property platted are listed as follows: Landscaping and Sidewalk. 8. The location of the property is shown colored in red on the accompanying copy of a portion of the City of Miami, Florida, Atlas Sheet No. 31-B. 9. The attached Resolution has been prepared for the acceptance { of the Plat by the City Commission of Miami, Florida. Walter K. Brown, P.E. Cadastral Engineer RB:es " 2 R v.g2-270 ro EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETT.4EEN THE CITY OF MIAMI, FLORIDA and GERARDO IZQUIERDO and CLARA IZQUIERDO, his wife FOR IMPROVEMENTS AT IZQUIERDO SUBDIVISION LOCATED AT N.W. 53 AVENUE AND N.W. 5 STREET LANDSCAPING Four (4) shade trees in Parkway Sod in Parkway Estimated cost of Landscaping $1,800.00 SIDEWALK Approximately 600 Square Feet $ 900- 00 ESTIMATED COST OF IMPROVEMENTS $2,700.00 (10%) CONTINGENT $ 270.00 (17%) ENGINEERING $ 505.00 TOTAL $3,475.00 AMOUNT OF PERFORMANCE BOND OR CAFSIER'S CHECK $3,500.00 -Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. I-* I-* CG/l of 3 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, -GERARDO IZQUIERDO AND CLARA IZQUIERDO,his wife (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 Commission of said City, of a certain proposed plat of a subdivision to be known as IZQIUIERDO SUBDIVISION _ 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, 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 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 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 PW #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 work 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 Owner hereby agrees to abide by all of the provisions of the "Guide for Work 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 54-20, THE CODE OF THE CITY OF MIAMI, FLORIDA, the Owner herewith deposits with the City a Cashier's Check in the amount of $31,500.00 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 twenty-seven(27%) 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 any damages direct or indirect, not to exceed twenty--evem(2 7%) 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 8 2 - z 7 0 1— 46 CC/3 of 3 . IN WITNESS WHEREOF, the 04rner has caused this Agreement to be executed in quadruplicate (one original and the next three carbon copies) this / 7+4 day of )e;�p . A.D. , 19&% . Signed, Sealed and Delivered ATTEST: Secretary (Corporate Seal) ATTEST: Secretary (Corporate Seal) Own (SEAL) (SEAL) —14 (SEAL) (SEAL) (SEAL) (SEAL) Principal Corporation President Principal Corporation) President Approved and accepted on behalf of the City of Miami, Florida, this _— day of t,E/�L%!� A. D., 19 a�. By: Director, Department of Public Works_ WITNESSES: 1 82-270 STATE OF FLORIDA ) SS COUNTY OF FADE ) 1 HEREBY CERTIFY that on this day personall/ appeared before me, an officer duly authorized to administer oa.h.'; and take acknowledgments, GERARDO IZQUIERDO AND CLARA IZQUIERDO, his wife to nee well known to be the person(s) described herein and who I!xt-vuled the foregoing instrument, and acknowledged before mr that they executed the saine freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at County of and State of this day of �C"£- 8 •2 A. U. 19 0 I _ / Novi ry Public � - My Commission Expires: "MARY MJILIC STATE OF FLORIDA AT LMQ BO NDED �C�OMMISSION EXPIRES FEB . 13 1982 BONDED TIIRLJ GENFRAL wt I ir."gWR. T;R Form - PW OZ36 Rev. 5/69 a g2-2'70 METROPOLITAN DADE COUNTY - PUBLIC WORKS ENGINEERING — SUBDIVISION CONTROL OPINION OF TITLE TO: DADE COUNTY, a political subdivision of the State of Florida. 0 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 Zky'Wt%v6ASjNR9 reier describqd. It is hereby certified that I (we) have examined the complete Abstract of T---- - period from the BEGINNING to DarPmb r S A.D. 19$L—, at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) That part of the S 1/2 of the NW 1/4 of the NE 1/4 of the NW-1/4 of Section 6, Township 54 South, Range 41 East, described as follows: Begin at a point 25 feet due North of the Nortwest corner of Lot 28 of Flagler Grove Estates, as per Plat thereof, recorded in Plat Book 7, at Page 155, thence run due North 120 feet to a point, thence East 100 feet to a point, thence South along street borderline to a point 25 feet North of Northeast corner of Lot 27 of Flagler Grove Estates, thence Westerly to point of beginning, lying and being in Dade County, Florida. Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: GERARDO IZQUIERDO and CLARA IZQUIERDO, his wife 111.06-11 - PAGE 1 I 1 N $2-`270 Subject to the following encumbrances, liens, and other exceptions: GENERAL 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 survey. 4. Any unrecorded labor, mechanics' or materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS NONE M 111.W-11 -PAGE 2 g2-270 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 shorn on the final Plat of the eforedescribed property, the subdivision thereof to be known as IZQUIERDO SUBDIVISION NAME INTEREST SPECIAL EXCEPTION NUMBER N.A. 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. Respectfully submitted this Sth - day of December f; 19 ju� . 111.06-11 - PAGE 3 lWe L. PerfevyeC " 1835 SW. 27th. Avenue ADDRESS 0 g2 - 27 0 Donald W. Cather, Director _ January 27, 1982 City of Miami Public Works Dept. Charles R. Rittenhouse �,,,;ACT Tentative Plat No. 1141-A Utility Engineer Izquierdo Subd. 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