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HomeMy WebLinkAboutR-82-0271RESOLUTION NO. 8 2" 2 7 1 A RESOLUTION ACCEPTING THE PLAT ENTITLED A.C. SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDI- CATIONS SHOWN ON 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 COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled A.C. SUBDIVISION is a resubdivision of Lots 1 thru 9 and Lot 28, in Block 13 of WYNDWOOD PARK, according to the Plat thereof as recorded in Plat Book 5, Page 23 of the Public Records of Dade County, Florida, Section 25, Township 53 South, Range 41 East all lying in the 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 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 25 f LERK PREPARED AND APPROVED BY: `/ f DEPUTY CITY ATTORNEYI— day of March , 1982. Maurice A. Ferre MAYOR APPR AS TO FORM NA D'CORRECTNESS: GEOR KNOX, R., CITY COMMISSION MEETING OF MAR 2 5 1982 82-2 ...N..M.INM.MII�MAy 1 _F N41A1,11. =I_A04IDA i'lT.�::4-�E''=iC.� ;•1k'iL1At3AMi�U°�A o: Howard V . Gary ZArE: March 9, 1982 F,L_; City Manager 3UNJECT: A.C. SUBDIVISION, Resolution Accepting Proposed Record _ Plat Located at N.W. 32 Street Donald W. Cather D' ector _ ep a m •' C Works ENCLOSURES: i(FaT 'QD't1m11 stdtm lieB'ti g of s i March 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 A.C. SUBDIVISION is a resubdivision of Lots 1 thru 9 and Lot 28, in Block 13 of WYNDWOOD PARK, according to the Plat thereof recorded in Plat Book 5, Page 23 of the Public Records of Dade County, Florida, having a total of 0.78+ 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 No. 21-C showing property platted colored in red. RB : es 82-271 THE CITY OF MIAMI, FLORIDA March 9, 1982 REPORT OF PROPOSED RECORD PLAT OF A.C. SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled A.C. SUBDIVISION was prepared by E.R. Brownell & Associates, Inc. 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 Lots 1 thru 9 and Lot 28, in Block 13 of 14YNDWOOD PARK, according to the Plat thereof recorded in Plat Book 5, Page 23 of the Public Records of Dade County, Florida, having a total of 0.78+ of an acre. It 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 Thomas Brownell, Registered Land 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 the North -South alley South of the South right-of-way line of N.W. 33 Street and North of the North right-of-way line of N.W. 32 Street, for a distance of 216 feet +. This action was confirmed by City Commission Resolution No. 82-155. 5. By authority of Resolution No.32-82 , adopted March 8, 1982, the Plat was recommended for acceptance by the City Zoning Board of Miami, Florida. 6. The attached Certificate of Title Examination dated September 23, 1981, signed by Sherman W. Crawford, Attorney, indicates that the fee simple title to the property platted is correctly vested in A.C. Investments, Inc., A Florida Corporation and Seymour Lehman, and the Plat has been correctly executed. 7. The area platted is encumbered by mortgages and the mortgage holders have executed the Plat and joined in its dedications. -1- 82 - 27 1 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 $19,200.00 has been executed by A.C. Investments, Inc., Principal, and Fidelity and Deposit Co. of Maryland ' Surety. This Bond and the Surety's Power of Attorney will ac- company the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of landscaping, asphaltic concrete pavement, removal of existing, sidewalk, sidewalk, and storm drainage structures at the property platted. 9. The location of the property is shown colored in red on the accompanying copy of a portion of City of Miami, Florida, Atlas Sheet No. 21-C. 10. 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 IWA 0 82-271 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and A.C. INVESTMENTS INC. and SEYMOUR LEHMAN FOR IMPROVEMENTS AT A.C. SUBDIVISION LOCATED AT N.W. 32 STREET & NORTH MIAMI AVENUE *LANDSCAPING $ 2,120.00 6 shade trees in parkway of North Miami Avenue Sod replacement if necessary more or less 1,250 Square Feet, per City Landscape Standards ASPHALTIC CONCRETE PAVEMENT Approximately 375 Square Yards $ 3,375.00 REMOVAL OF EXISTING SIDEWALK - Approximately 775 Square Feet $ 775.00 SIDEWALK Approximately 775 Square Feet $ 1,130.00 STORM DRAINAGE STRUCTURES $ 7,500.00 ESTIMATED COST OF IMPROVEMENTS $14,900.00 (10%) CONTINGENT $ 1,490.00 (17%) ENGINEERING $ 2,786.00 TOTAL $19,176.00 AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK 819,200.00 "Information concerning the landscaping requirements shall be obtained from the City of Miami Department of Planning. 82-271 PB/ 1 of 4 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, A. C. INVEST"TNTS, INCORPORATED (hereinafter referred to as the "Principal"), 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 A. C. SUBDIVISIONS 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 hereof. Although one year is allowed for the completion of the Form PW #179 Rev 5/81 g2-271 aforementioned i\,work nts, it L.; not in the public intere_T. that such ccnstr,ic :iohould beprolon,,_,ed to the extent that it would have a disorganizing effect upon the neighborhood. After th.e work. is started, t;:e Principal hereby avreez to p:,00er.ute zaid wort: progressively no as to complete it in a reaoonable length of time as determined by the Department of Public Wor•kc. Th(• Principal hereb _r :es to abide by all of the provisions of the "Guide £or ;loTlc 't; the Pu i:�c-Pig; t-of-'clay", copy of which is attached hereto and b;; this/ reference made a part hereof. 2. In accordance with the provisions of said Chapter 511, Section 514--111, TY.,­ ,'ODE ^:' THE CITY OF MIAMI; FI,011IDA, the Principal herewith tenders to the City, a Performance Bond duly executed by the Principal and a surety company or companies authorized to do business in the State of Florida, as surety,, in the amount of $ 19,200.00 , which amount is not le d than one hundred `(100 a) •• _ re --en" of the est'.mated cost of the construction of the improve- mC:ii:r`'•, 14-S tr': in the attached Exhiibit 11S plus twenty-seven( 2%'/,) percent for engineering and contingent cosh and damages, and upon completion of the construction of sa:.d 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 tY.e Plat have been installed and properly placed, said Perfortnnce Bond zhail be released. 3. In the event the Principal ::hall fail or neglect to fulfill his obligations under this Agreement, the conditions of said Performance Bond shall be such that the surety or sureties; shall, within 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 neglect of the Principal to perform this, Agreement, construct, or cause to be constructed , the i!Tpr ,!errLvrt* ; set forth in Exhibit "B" hereof; provided that If the (X the Department cf Public Works of said City so (:lecte, the t Form P'd #179 Rev 10/60' 82-271 11 aforementioned improvements, it ir, not in the public 1ntert---t. ;hat such ecnstruc Lion work s;,ould be prolon,_,ed to the extent that it would have a disorganiziag effect upon the neiohtonccod. After t. e wort: is started, tine Principal hereby aFreeS to p:,ose^ute raid work progressively co as to complete it in a rear;onab:e 1PnFth of time as determined by the Department of Public Workc. The Principal hereb - �r :es to abide by all of the provisions of thy: "Guide for Y/o-k Ln the Pv iic-�i�i t-of-'clay", a copy of which is attached hereto and by t::l..A reference made a part hereof. 2. In accordance with the provisions of said Chapter 511, section 1'4--" , `T'?._ ,'ODE C.F 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 companien authorized to rio business in the State of Florida, as surety,,in the amount -of $ 19,200.00 which amount is not le:» than one hundred `(100 0 ) re -cent of t,`:e est;. at —eel cost of the cons tructiari of the 1rrlGrove- ment-z in the a'c.ached Exhibit "B", plus twtienty-seven( LT/,) percent for enginee-incand contingent cost; and damages, and upon completicn of the construction of sa:.d improvements and subsequent to the submission by the Principal to The City of Miami Department of Public Works of a letter lr'rom a Registered Land Surveyor certifying that the Permanent Reference Monuments indicated or. tYr! Plat have been installed and properly placed, said Performance Bond s%:all be released. 3. In the event the Principal shall fall or negiuct to fulfill his obligations under this Agreement, the conditions of said Performance Bond shall be such that the surety or sureties.- shall, within thirty (30) days after receipt of written notice from the Director of the Department .of Public Works of said City of the failure or of the neglect of the Principal to perform this, Agreement, construct, or cause to be constructed, the impr verrien'. s set forth in Exhibit "B" hereof; provided that if wie D1r• .,.tr,r. r,t' the Department of Public Works of said City so r:lecte, the t Fora PW #179 Rev 10/69' 82.271 i and the -urety shall be , oiantly and ;;ever>al ly liable to pay to t�i• City the su-n estimated to construct or conpi ete the irprovenienL:, set forth on said Exhi:._t "E" , said ;urr. to be estimatt.d by the Depart,ment of Public Wo, r.s of said City , and shall pa*.., to said ;:ny en-Ineer_ng ai,d contingcn- costs, and any dar.acr:s dirs'•:t er _::direct, not to cxcaej twenty-sevetX277� percent thereof, plus re-mc-onable attorneys' fees which the City may sustain on 'LCccunt of the failure of the Principal to carry out and execute ,III. of t'.-:e pro• -f zions of this ASreemnent; provided .further that the Gity Cc, ,.-_'_s s icn of Mia-ni , Florida, shall. have t1.1e right to con::trust , or cause to be constructed, after public aldverticement anti recelpt. of bids, the improvements as provide) for in raid Agreeri•�,nt, 'arjrl in `:hc event that the City Ccimmi,sJio n c,( Mian;i, Florida er.ereis,r,; , such rl.;: V, the Princ:.r-'_ and the :;urt:ty :,,hall t)f: ,joi; tl:; and ceverally iiat,lc to pa;; L.:e CiLy thc: N.rjaL Lotal :al d impr ovem.er.'s, toF_e t: er ;..,--h any en ginecririg and cont:.1ncr•ent: cc-tz, an" any ca-:a ges cr Ina-1 r ect, not to exceed teRaenty-seven (277) th e_ ec! , pl'_is re_scnab'_e attorneys' fees, which the C`.ty may sustain on ac sour.: of the fai? u= e of the Principal to carry out and execute the provisions of this Agreer:ent . Said Performance Bond is att3c:-:e:i hereoo as E: ibit "C" ar.. ma-'= a part hereof by reference. IN* WITNESS :•!1:E __=, the Principal has caused this llgrecirier. to be executled in quadr-_:p'_icate (one original and the r►< r. Lhr'na carton ccpie.) tni a 22nd day of February , 11.C.. , 1 982 Signed, Sealed and Delivered in the Presence of: H. DAVID SANDERS t S:A Lj\• QZAL ) > (30 E:AL.) yam. I H Form PW JY1?9 Rev ZO/$9 '82-271 y,A OiNTS,-IXCORPORATED rr r,zry L DA KLEIN ((,orporate Seal) r�ci.i ant MIL O L. KLEIIT— Secretary Principal (Corporation) Uorporate -Seal) President Approved and accepted on behalf or the City of Miami, Flovida, this day o•f Cy _ Dj t-ectr.r, Depar-trnent; ofl: F uhlic We t N::: — 'iIITi•1E., ES Form PW #179 Rev 10/69 82 �C'11 - r• na- cau3.2d these presents to be �.:.'?.. .A t t.. C'.. Vrd ll.gne.. 1..1 14.J 1 '".n Uy .r V� t.r0i C`iL112 eL , 3.,7 1 t J c--rporate zeal to ce a. _ In.2reto an.: attezt.,_'d to by its Sec_ e1a. . the day ar.: year a:.c; seq. fcr'-.",. SiSned, Sealed and ,el. vered i n t h e Presence r .� L'. n�c., ee of: W.it,ness H DAYID SAMPEPS �•!i� Bess L CIA. P, :IA Witness Witness CORPORATE SEAL ST",TE OF FLORIDA ) CCli:JTY OF DADE ) �lll!!�rllltil ON REF . 5 I HERE -BY CERT2= v that on this 22nci day of February A.D. , 1982 be_ore me personally appeared Miltnn L. Klein, President, A.Mnvestm.nts, Inc. a corporation under the la:.s of"the State of Florida, tc kno :n to be the persons who signed .the f:re5�ei:-:o instrument as suc hofficers and severally acknoi•rledged the e::ecution thereof to be their free act and deed, as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal o_ 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. 47fARY ►UBUC STATE OF FLORIDA et LARGE MM COMMISSION EXPIRES MARCH 2. 1882� LHNM TMRU MAYNAR0 BONDING AGENCY J y Comm.I; scion Expires : Motary ublic , State of Florida at Large AP41112ROVED ASTO FORM & CORRECT14ESS APPROVED City Attorney Director, Department of Public Works This Instrument Prepared by Depart in nt of Law City of Miami, Florida 82-271 a STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day personalli appeared before me, an officer duly authorized to adn-ovi..:ter oa-.hs and take acknowledgments, NILTM L. KL-EI IrIPT.SICE11T _ A. C. INVEST!-jr-'ITS, IMG0PPpPATEn to me well known to be the person(g) described herein and who <sxt'cuted the foregoing instrument, and acknowledged before my that HE' executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at Miami County of DADF and State of Flnridn this 22nd day of My Commission Expires :4TRgY oLJ?LiC Stl c 0` r10RP H e2'Lp'GE -n•f'r1'bc = J e t- acS AGENCY Form PW 9236 Rev. 5/69 9 Notary Public 82-271. STATE OF FLORIDA ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day personall/ appeared before me, an officer duly authorized to administer oaJis and take acknowledgments, Milton L. Klein and Seymour Lehman to me well known to be the person(s) described fie -rein and who executed the foregoing instrument, and acknowledged before me that they executed the same freely and voluntarily for the Purpose therein expressed. WITNESS my hand and official seal at Miami County of Dade and State of Florida this 24th day of February _��� 1 g r f Q otx: y Public My Commission Expires: MOTA COMMISSION EXPIRES AMA C2 H LARGEORIDA 0 MY.9B2 BONDED THRU MAYNARD BONDING AGENCY Form - PW #236 Rev. 5/69 82-271 P/D Exhibit "C" Page 1 of PERFORMANCE BOND (EXHIBIT "C") STATE OF FLORIDA) COUNTY OF DADE ) ss CITY OF MIA.Ml ) KNOB:' ALL IMEN BY THESE PRESENTS: That we, A. r. I11k?r1M1rMT5, T'►rnP"Oprrn (hereinafter referred to as the "Principal"), and FIDFLITY and DF.r'OFIT r nivrAiw DF N l,i-Attu , a Surety Company 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 Vineteen Thoasand Two Hundred and nc/000------- Dollars ($ 19,200.00 ) for the payment of which we bind ourselves, our successors and assigns, for the faithful performance of a certain written Agreement dated the 22nd day of Febritary 19.82 , tendered by the Principal to the City for the construction of certain improvements as listed and described upon the Estimate 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 known as A. C. Subdivisinn, lneated at Northwest I2-nd Street and "lnrth t4iari Nenue a copy of which said Agreement is incorporated herein by reference and is made a part hereof as if fully copisd herein. NOW, 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 tiiirty (30) days after receipt of written notice from the Director of the Department of Public Works of the City of the Princi- pal's 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 Department of Public Works of the City so elects, the Surety will pay to the City the sum estimated to construct or complete the improvements set forth in said Agreement, said sum to be estimated by the Department of Public Works of the City, and will pay to the City any engineering and coati agent costs, and any damages direct or indirect, not to 82-271 :li,.::.,:a.. - PaLe .'. of ttiertty Severs 27 '.) exco"a tC: ::,.i-;}: per cent thc-rc«,i, ,ibis r«•.lsona!,I«• atturnt!y. .' fees v,,hich the City: may 5,istain on accIJiir,t ')I the I.il turf• r,i the l'rinctp.i! to carry u�:t and execute all of the faro: itiiuns of Said Agreernc ot; prc,vidc-d further dial the City Commis. ion of -Miami, Florida, shall have the ri:;ht to construct or caus•c! to ;,c constructed, after public advertisement and receipt of bids, the improvements a5 provided fo: in said Agreement, and in the evrsnt that the City Commission of Miami, Florida, exerc.ses such right, the Principal and the Surety shall be jointly and severally liable thercur.der to pay the City_ the final total cost of said improvements, together with any enginee:.-ing and contingent t}70 costs, and any damages direct or indirect, not to exceeu ,.La �.c.•s, per cent the .eoi 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 thi'G Performance Bond to be exr-ruted in quadruplicate this 22nd day of Febritary W1TtiESSE' S: Principal (Individual) ATT ST: A. f'. T .ST(1FF1TS, INCQR� Secreta -- --- 1 �11) ( orpc r.•at(: Seal) 1 •esidant ATTEST: Secretary (Corporate Seal) Principal (Corporation) President A. D. 1982 . (SEAL) (SEAL) . (SEAL) (SEAL) (SEAL) (SEAL) (Surety Seal) Fidelity and Penosit Ccmn>snu of Maryland Surety By, AV lts ttorney-iri-Fact APPROVED AS TO FOR%1 I.1:GALITY City Attorney Form PW 0155 Rev 11 / 67 5965 tt,t'. 151 st Street A. ••css (Local) Min-i t.al"PS , rl on da P08 2- 27 1 to Power of Afforney ' t FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE. MD. KNow ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR, , Vice -President, and C. W. ROBBINS , 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 Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre- tary 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 W. Meade Ccllinswcrth and David I. Alter, both of Miami Lakes, Florida, EACH....o....................................... lawl ul agent 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 undertakings .......... e...._...� Ii a execution 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, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of .article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FiDELITY AND DEPOSIT COMPANY OF MARYLAND, this ................... 4th.................................. day of ..................... k'ekniary..................... A.D. 19.0.1..-- j,, . oo�r FIDELITY AND DEPOSIT COMPANY OF MARYLAND $,c ATTEST: �o SEAi. •�,a fit` ................... By ................... '``.... Assistant Secretary Vice-Presidenl STATE OF MARYLAND SS: CITY OF 13ALTINIOIZF. J On this jth day of February A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY of MARYLAND, to the lwrsonally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution ofthe saute, and being by me duty sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instalment by the authority and direction of the said Corporation. Ix TF'STIMONY WIIFREOF, I have hereunto set m}• hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. _ ul:Mo*•►r-�. ... . ........................... Notary Public ommissio res1u1y_1,._,I 82 CEIZTI FICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY 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 do 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile tinder and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY Or MARYLAND at a meeting duty called 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 affixed IN TESTIS( -Y XVIIERI.OF, I have hereuriw subscribed my name and affixed the corporate seal of the said Company, this _..»..»..»..... .......... »... day of..... .........I ................ 19A..Y.. L1428Ctf.—W, 5.80 210737 Assislont S elary .................. ............ 82-271 J.ILVeSunellt_S, inc., a rloricla Corporation. -- " 82-271 i 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 material'mens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1, Mortgage, dated May 21, 1980, and filed for record on May 21, 1980, in Official Records Book 10754 at Pages 2995 through 2998, of the Public Records of Dade County, Florida, executed by the First State Bank of Miami, in the original sum of $80,000.00. 2. Mortgage, dated March 9, 1978, and filed for record on March 13, 1978, in Official Records Book'9970 at Pages 485 through 489, of the Public Records of Dade County, Florida, executed by County National Bank of North Miami Beach, in the principal sum of $40,000.00. 3. Mortgage, dated April 23, 1974, and filed for record on April 25, 1974, in Official Records Book 8659 at Pages 80 through 82, of the Public Records of Dade County, Florida, executed by Rose Fox, in the original sum of $90,000.00. 82-271 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 Plat of the aforedescribed property, `the subdivision thereof to tie "known asA.C. SUBDIVISION NAME INTEREST SPECIAL EXCEPTION NUMBER First State Bank of Miami Mortgage (1) County National Bank of N. Miami Beach Mortgage (2) Rose Fox Mortgage (3) 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 ' day of,-��C� , 19 c( G , NAME 2801 Ponce de Leon Blvd. Suite 703 Coral Gables, Florida 33134 ADDRESS . $2-271 r f• Donald W. Cather, Director .3wZ November 3, 1981 City of Miami Public Works Charles R. Rittenhouse nueJacr Tentative Plat #1124 Utility Engineer, WASA A.C. Subdivision V The above listed tentative plat has an existing 6" water main to serve the property. Additional water mains will not be required unless required by the Fire Department. CRR:SN:ew cc: Truman Bryan 82-271 'J,r . [ E.i..iu -.t ..t - ri r of r'- � r :� .J� •. 1 � !i+. :ti�'.Lt{ r t•..- 3iC r +•117.�iS*�"�'x +I��d••i M"�• 7� .' - '`L'�''}-M A .1,+* fL4sFs r:, ..�i:, -t, -a: �: �i:� :'i. .5�: .� '•" .•'.•. >..Irra.■ 3 V S. •.wa 161r....... N. . - �.. •. .. 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