HomeMy WebLinkAboutR-82-0157I
RESOLUTION NO.
82-157
A RESOLUTION ACCEPTING THE PLAT ENTITLED
OAK VIEW ESTATES, A SUBDIVISION IN THE
CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AND ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPART-
MENT 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 COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Plat entitled "OAK VIEW ESTATES", being a
resubdivision of Lot 22 and that part of Lot 3 lying North and East
of the prolongation of the line betcaeen Lots 20 and 21 across said
Lot 3 to Secoffee Ave. (closed) SILVER BLUFF AIM., according to the
plat thereof, as recorded in Plat Book 1, at Page 158, of the Public
Records of Dade County, Florida, all lying in Section 15, Township
54 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 CHARLES
R. ADAMS, and WENDY L. ADAMS, postponing the immediate construction
of full width improvements on Tigertail 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.
�� 61BM011
MAIM OF
FE8 2 5 =
Wawa 82 -1 '
7
Section 3. The City Manager and the City Clerk are hereby
authorized and directed to execute the Plat.
s
PASSED AND ADOPTED this 25 day of FEBRUARY, 1982.
-'1
1
MAURICE A. FERRE
MAYOR
ATTEST:
!m E-airw
mg, Age
/•
14
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS:
ASSISTANT C1kTY ATTOPIEY GEORGE F. KNOY, CITY ATTORNEY
82 -1,57
14 CITY OF 'AIAMI. FLORIDA 14
INTER -OFFICE MSMORA, IDUM
TO.
Howard V. Gary
City Manager
FROM Donald W. Cather, Director
D7 e t c Works
7 1 T E FILE:
September 2, 1981 Cadastral
JUBJEC i
OAK VIEW ESTATES Resolution
Accepting Proposed Record Plat
Located on Tigertail Ave. West
SEFf FF'1C F, £i of S.W. 17 Ave.
For Commission Meeting Of
December 15,1981
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 OAK VIEW ESTATES is a resubdivision
of Lot 22 and that part of Lot 3 lying North and East of the prolong-
gation of the line between Lots 20 and 21 across said Lot 3 to
Secoffee Ave. (closed) SILVER BLUFF AMD (1--158). It is zoned R-1
and will consist of three (3) Lots. 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) Covenant postponing immediate construction of certain
subdivision improvements
(5) Opinion of Title
(6) Memorandum from the Department of Planning
waiving landscaping requirements
(7) Memorandum from the Miami -Dade Water and Sewer
Authority pertaining to water mains and appurtenances
(8) Portion of City Atlas Sheet No. 43 showing property platted
colored in red.
WKB:es
82-157
P. P
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
September 2 , 1981
REPORT OF PROPOSED RECORD PLAT OF
OAK VIEW ESTATES
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled OAK VIEW ESTATES was prepared
by Alfred J. Watson. It is in correct form for submission to the
City Commission and is forwarded with a recommendation that it be
approved.
PERTINENT INFORMATION REGARDING THE PLAT:
(1) The property platted is resubdivision of Lot 22, and that
part of Lot 3, lying North and East of the prolongation
of the line between Lots 21, and 22 across said Lot 3 to
Secoffee Ave., of SILVER BLUFF AMD. (1-158) Section 15
Twp. 54S, Rge. 41E, Dade County, Florida. It is zoned
R-1 and will consist of 3 Lots.
(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 Alfred J. Watson, Registered Land Surveyor,
this Plat complies with the plat filing laws of the State
of Florida.
(4) By authority of Resolution No. 243-80, adopted December 15,
1980, the Plat was recommended for acceptance by the City
Zoning Board of Miami.
(5) The attached Certificate of Title Examination dated June 25,
1981, signed by Joseph D. Bolton, Attorney, indicates that
the fee simple title to the property platted is correctly
vested in Charles R. Adams and Wendy L. Adams, his wife
and the Plat has been correctly executed.
(6) The area platted is encumbered by mortgages and the mortgage
holder has executed the Plat and joined in its dedications.
(7) In accordance with the requirements of Chapter 54, Section
54-20, of The Code of The City of Miami, a Performance Bond
in the amount of $1,300.00 has been executed by Charles R.
Adams and Wendy L. Adams, his wife as Principal, and
Hartford Accident & Indemnity, Co. as Surety. This Bond
and the Surety's Power of Attorney will accompany the
Agreement between the City of Miami, and the Principal
to guarantee the construction of asphaltic concrete pavement,
solid sod, and grading and shaping of street shoulder at
the property platted.
82-157
(8) Since there are no Full Width improvements in the vicinity
of the property platted, it is recommended that the attached
covenant be accepted postponing the immediate construction
of these improvements until the area is more fully developed.
(9) The location of the property is shown colored in red on the
accompanying copy of a portion of City of Miami Atlas Sheet
No.43M.
(10) Tha attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami.
a ter K. Brown
Cadastral Engineer
WKB:es
82-157
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BET14EEN THE CITY OF MIAMI, FLORIDA
and
CHARLES R. ADA4S
and
WENDY L . ADA14S
FOR IMPROVETIENTS AT
OAK VIEW ESTATES
LOCATED ON TIGERTAIL AVE. WEST OF S.W. 17th AVE.
sk * � �►: sti sY s� �: :ti sti s� sY s'c sY s� sY
ASPHALTIC CONCRETE PAVEMENT
Approximately 40 Square Yards
$ 360.00
GRADING AND SHAPING OF STREET SHOULDER
Approximately 95 Square Yards
$ 238.00
SOLID SOD
Approximately 855 Square Feet
$ 428.00
ESTIMATED COST OF IMPROVEMENTS
$1,026.00
(10%) CONTINGENT
$ 103.00
(17%) ENGI14EERING
$ 192.00
TOTAL
$1,321.00
A14OUNT OF PERFORMANCE BOND OR CASHIER'S CHECK
$1, 300. 00
WKB:es
82-157
/ l 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,
Charles R. and Wendy L. Adams
(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 Oak View Estates
a copy 1of`wiiich 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
_ 1912 5 7
/2of4
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 Principal hereby agrees to prosecute said work
progressively so as to complete it in a reasonable lenght of time as
determined by the Department of Public Works. The Principal 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 atttached hereto and by
this reference made a part hereof.
2. In accordance with the provisions of said Chapter 54, Section
54-20, THE 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 do business in the State
of Florida, as surety, in the amount of $1300.00
. 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 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 Performance Bond shall be
released.
3. In the event the Principal shall 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 of said City of the failure or of the neglect of the
Principal to perform this Agreement, construct, or cause to be construct-
I
ed, the improvements set forth in Exhibit "B" hereof; provided that if the
IF
Director of the Department of Public Works of said City so elects, the
Principal
Form PW #179 Rev 5/81
3 of 4
and the surety shall be jointly and severally liable to pay to the
City the sum estimated to construct or complete the improvements set
forth on said Exhibit "B", said sum to be estimated by the Department
of Public Works of said City, and shall pay to said City any engineering
and contingent costs, and any damages direct or indirect, not to exceed
twenty seven(27%) percent thereof, plus reasonable attorneys' fees which
the City may sustain on account of the failure of the Principal to carry
out and execute all of the provisions of this Agreement; provided further
that the City Commission of Miami, Florida, shall have the right to
construct, or cause to be constructed, after public advertisement and
receipt of bids, the improvements as provided for in said Agreement,
and in the event that the City Commission of Miami, Florida exercisen
such right, the Principal and the surety shall be jointly and severally
liable to pay the CiLy the final total costs of said improvements,
together with any engineering and contingent costs; and any damages
direct or indirect, not to exceed twenty seven(27/,) percent thereof, 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 this Agreement. Said Performance Bond is attached hereto as Exhibit
"C" and made a part hereof by reference.
IN WITNESS WHEREOF, the Principal has caused this Agreement to be
executed in quadruplicate (one original and the next three carbon
copies) this day of A.D., 19.
Signed, Sealed and Delivered
in the Presence of: Principal (Individual)
OF
- SWAMM40 ,..
(SEAL)
(SEAL)
(SEAL)
Form Fd #179 Rev 5/81
J
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personall j
appeared before me, an officer duly authorized to administer oa-,hs
and take acknowledgments,�i
to me well known to be the person(s) described herein and who r!xccuted
the foregoing instrument, and acknowledged before me that Q
executed the saine freely and voluntarily for the purpose therein expressed.
W ITN SS my hand and official seal at _
County of and State of✓��
this day of A. D. 19
My Commission Expires:
t,OTA.RY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES AUG 7 1985
BONDED THRU GENERAL INS, UNDERWRI TERS
Form .. PW i236 Rev. 5/69
s
82w�
(Corporate Seal).
p F6;* 1 d e n t
ATTEST:
Secretary Principal (Cac,2�oration)
(Corporate Seal)
President
resident
Approved and accepted on behalf of the City of MIamL, Fiorlda,
this Z5__day ofji4 A.
B y
D! rectr-r, Departrncrit cufl' I ublir, We i
El
Form PW #179 Rev 10/69
82-157
r
COVENANT TO RUN WITH THE LAtiD
WHEREAS, Charles R. and Wendy L. Adams
(hereinafter referred to as "the OWNER" or "he", irrespective of
actual gender and number, and meaning either singular or plural and
including heirs, assigns and successors in interest thereof, where
the context so requires or admits) is the present tee simple owner of
a subdivision entitled OAK VIE14 ESTATES
as recorded in Plat -
Book at Page of the Public Records of Dade County, Florida;
and
WHEREAS, The City of Miami, a municipal corporation in
the State of Florida, in the County of Dade, (hereinafter referred to as
the "CITY"), pursuant to Chaper 54, Section 54-20 of THE CODE OF
THE CITY OF -MIA-MI, FLORIDA, requires the OWNER to construct or
cause to be constructed at no expense to the CITY, the following improve-.
ments within the area and/or on the streets abutting said subdivision
and
Full width improvements onTigertail Avenue
WHEREAS, the OWNER asks to be relieved of his obligation
to construct the aforementioned improvements at this time, and in con-
sideration of the forbearance of the CITY he agrees with the CITY that he
will at his own expense construct the aforementioned improvements at
such time in the future as he is notified by the CITY that the aforementioned
improvements are necessary or desirable;
Form P.•! #270 Rev to/r^ 82 - t 5 7
NOW, THEREFORE, in consideration of the premises
herein set out, the OWNER hereby coot-nants and agrees with the CITY
to construct or cause to be constructed at the expense of the OWNER,
and without cost to the CITY, the aforementioned improvements within
the area and/or on the street right-of-way abutting the aforesaid sub-
ciivision, upon thirty (30) days written notice from the Director of the
Department of Public Works of the City of Miarni, Florida, addressed
to the. OW NER, at 540 West 83 St-reet-, Hialanh, Fln 'LIMA
It is expressly agreed that this obligation shall be binding
upon the OWNER, his heirs, successors in interest or assigns, and shall
I
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 th�rea, and/or in the street
right-of-way 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 OWNER or any fee simple owner of any lot or parcel described in said
written notice, which agency is hereby specifically created, and said City
I Manager shall cause the aforementioned improvements to be constructed
at the expense of the OWNER and/or said fee simple owner, and the amount
of such construction cost shall be declared and established as a lien on the
property of .such defaulting OWNER and enforced as any lien for materials
furnished and work and labor done, as provided under the Statutes of Florida.
i
-2-
82.157
IN WITNESS WHEREOF the OWNER as caused this
agreement to be executed this day of Zl-clf�4;
A. D. , 19
Signed, Sealed and Delivered OWNER
in the ..Psence of:
G
THIS INSTRUMENT WAS
PREPARED BY:
APPROVED AS TO FORM AND
LEGALITY:
City Attorney
(SEAL)
(SEAL)
(SEAL)
(SEAL)
82.157
STATE OF FLORIDA ) '
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on tbis day persondll j
appeared before 1Yie, an officer duly/authorized to administer oa-,hs
and take ackno -le( ncnts,
� _ �1�c�--
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that
executed the saine freely and voluntarily for the purpose therein expressed.
WITNESS my hand and official seal at <Z
eez
4-,
County of and State off`%1y��L'C�•
this r�_ dray of A. I), 19.
Notary Pub' c
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
N•1 CvrJM,I51Gtd EXPIRES AUG 7 1985
—TOT 0—M- 'KV�vQRAE116 Vt�'L1EY�:BITERS
Form .. PW 0236 Rev. 5/69
a
82.157
METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING — SUBDIVISION CONTROL
OPINION OF TITLE
TO: DADE COUNTY, a political subdivision of the State of Florida.
With the underst,,-oc'. ig that ,his opinion of title is furnished to DADE COUNTY, FLORIDA,
in cr.•mpliance with its Ordinance No. 57-30, ni-d as an inducement for acceptance of a proposed final
subdivision plat covering the real property hereinafter described. It.is hereby certified that I (we) have
examined
(Describe only realty to be subdivided)
Lot 22, anr3 ghat part of Lot 3, ►.gyring North and Fast of a straight
extension of the line between Lots 21 and 22 across said Lot 3 to
Secoffee Avenue, of SILVER BLUFF FIRST AMENDED, a subdivision of
part of the East 1/2 of Section 15, Township 54 South, Range 41
East, according to the Plat thereof, recorded in Plat Book 1, at
Page 158 of the Public Records of Dade County, Florida,
AND:
All of that part of Secoffee Avenue lying West of Osceola Road
(S.W. 17th Ave.) and North of Lot 3 of Plat of SILVER BLUFF as
recorded in Plat. Book 1, Page 77 :ind Plat of SILVER BLUFF, FIRST
AMENDED, as recorded in Plat Book 1, Page 158, of the Public
Records of Dade County, Florida, said part of Secoffee Avenue
being closed by Ordinance No. 163 of the Town of Silver Bluff,
the land hereby conveyed being the land conveyed to Conrad Vir-
gil Pettit and Della Pearl Pettit by Mollie B. Southall, as
recorded in Official Records Book 2086, Page 285 of the Public
Records of Dade County, Florida, AND LESS: That portion West
of a continuation of the straight extension of the line between
Lots 21 and 22 across said Lot 3 and Secoffee Avenue to the South
line of Block 3 of Espanola Heights Subdivision.
*Lawyers' Title Guaranty Fund Owner's Policy No. OG-814828
which covers the period from the Beginning through October 7,
1978 at 3:30 p.m., together with Partial Abstracts covering
the period from October 1, 1978 at 3:30 p.m. through October
26, 1981 at 3:30 p.m.
Basing my 06X1 :opinion on said 99,wP4+sWabstract covering said period 10414 am (AW) of
the opinion that on the last mentioned date the fee simple title to the above described real property was
vested in:
CHARLES R. ADAMS and WENDY L. ADAMS, his wife.
111.06-11 - PAGE i
82-157
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
6. Mortgage given by CHARLES R. ADAMS and WENDY L. ADAMS, his wife,
in favor of DELLA P. PETTIT, dated September 13, 1978, recorded
in Official Records Book 10157, at Page 369, of the Public
Records of Dade County, Florida, in the original amount of
$56,250.00. Said mortgage has been assigned by that certain
Assignment of Mortgage by DELLA P. PETTIT to MARY PETTIT ELLIS,
dated April 2, 1979, filed September 26, 1979, under Clerk's
File No. 79R-275006, in Official Records Book 10527, at Page
813, of the Public Records of Dade County, Florida.
7. Easements, restrictions, and limitations of record appearing
on the Plat of SILVER BLUFF, dated June 13, 1911, filed June
13, 1911, as recorded in Plat Book 1, at Page 77. This plat
was amended by that certain Replat filed on September 18, 1912,
in Plat Book 1, at Page 158. (Said amendment did not alter
this property) .
8. That plat of the Estate of John T. Peacock of the Southeast
Quarter of Section 15, and part of Lot 1, Section 22, Town-
ship 54 South, Range 41 East, filed December 26, 1910, under
Plat Book 2, at Page 12.
111.06-11 - PAGE?
I►82 -15 7
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 be known as_9AKV-1EW-.���EG
NAME INTEREST SPECIAL EXCEPTION
NUMBER
MARY PETTIT ELLIS
MORTGAGEE
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 25th day
of November 19 81
SHUTTS & BOWEN
B
• NAME
PATRICIA M. WHIPPLE
133 Sevilla Avenue
ADDRESS
Coral Gables, Florida 33134
111.06-11 - PAGE 9
82-157
*'I OF 1•11AMI. FLORIDA
! IT�=R-CFFICF MEMORANDUM
/--- I/cl *
O Donald W. Cather, Director " August 18, 1979 FILE
i
Department of Public Works
Landscape Requirements - OAK VIEW
ESTATES Tentative Plat #1053
Jim Reid, Director
Planning Department
The Planning Department recommends waiver
of the landscape requirements for the above
captioned tentative plat.
Herein adequate landscaping abutting the
Right -of -Way.
JR:LYH:dr
cc: Public Works (2)
Plat File (1)
Central File (1)
Director Bldg Dept. (1)
82-157
C C
TO Donald W. Cather, Director September 3, 1981
City of Miami Public Works
FROM Charles R. Rittenhouse
Utility Engineer, WASA
Tentative Plat #1189
Oak View Estates
The above listed tentative plat has sufficient existing water supply ^,L�
to serve the property. Additional water mains will not be required. lfLlt' Y
CRR:SN:ew
cc: Truman Bryan
•,r S 6 c=S 6
mom*
82 - 157
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