HomeMy WebLinkAboutR-81-1075RESOLUTION NO. 81 " 10 7 5
A RESOLUTION ACCEPTING THE PLAT ENTITLED
PAWLEY DEVELOPMENT CORPORATION PLAT, A RE -
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 RECOR-
DATION 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 COM9MISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Plat entitled PAWLEY DEVELOPMENT CORPORATION
PLAT is a resubdivision of Lots three (3) and four (4) and the ten
(10) foot alley lying between said Lots in Block three (3) of
FAIRVIEW SUBDIVISION according to the plat thereof, as recorded
in Plat Book 4 at Page 176, Section 14, Township 54 South, Range
41 East, 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 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 15TH
1981.
A
TT : C,��"• l� �
CLERK
PREPARED AND APPROVED BY:40:ED
V•
ASSISTANT CITY ATTO EY
day of DECEMBER ,
MAURICE A. FERRE
MAYOR
�PPRpVED AS O FORM
ND CORRECTNESS:
GEE F . KND
CITY COMMISSF N
MEETING OF
F-
r PB/Iof4
AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-20
THE CODE OF THE CITY OF MIAMI, FLORIDA
WHEREAS , t 6 `0 '500V gA ySd 0IQC-- L40�-, 1 k/C • -
(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 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
81-1475
;�. PB1 z or 4
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 $ 011 S00 - , 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 t•:;enty-set-en(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-
ed, the improvements set forth in Exhibit "B" hereof; provided that if the
Director.of the Department of Public Works of said City so elects, the
Principal
Form PW #179 Rev 5/81
81 -1075 ,
and the :,urety shall be jointly and :f2v• rally li::F�tc to ��ny to 1,
City the sum esti.;at_d to construct or complete the Improvement:,
set forth on said. Exhibit "E", said :;urn to be estimatt:d by the
Department of Public Works of said City, and stall pa;• to said
City any engineering and contin.genr costs, and any danage:, dirs-It
or indirect, not to exceed twenty-seven (27 %) percent thereof, plus
reasonable attorneys' fees which the City may sustain on ;ceccunt
of the failure of the Principal to carry out and execute all. of
the provisions of this Agreement; provided further that the City
Cormnission of Miami, Florida., shall have the right to construct,
or cause to be constructed, after public advertic.•ement and receipt.
of bids, the improvements as F:rovidel for in -;aid Agreem^rit, and
in the event thzJ.t the City Ccrunissic�ri c.f Mianii , Florida er,ercis,r::
:,uch ri;;ht, the Principal anti the :;unity :,hall be joiritl- and
severally iiab) c to pay the City thc: f' i na l Lotal costs rX :.ald
improvements, tope ;tier with any en nine c•ring and contingent. costs,
and any damages direct or indirect, not to exceed twenty-seven(27 `/a) percent
thereof, plus reasonable attorneys' fees, which the Cf.ty 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 Erhiblt "C" and made a part hereof by reference.
IN WITMNESS SdHEEEOF, the Principal has caused this Agrecuient
to be
executed
in quadruplicate
[one:
original and the
r►c• r,
t;hr•ce
carbon
copies)
thi s -7 day
--)f
PECEMgEpt---
, IN.C..
, l9 0 1. .
Signed, Sealed and Delivered
in the Presence of:
Principal (Indi.vidua_.)
S (,SEAL )
/°/4 N
(^ E AL )
( 2F:AL,)
(SFA L. )
2
Fora PW #1
?9 Rev 10/69
r
t + 107
mn;�•V
L L...l.
%�5a7.r�enr�rar,
( (:orpor;lte Seal)
ATTEST:
Secretary
(Corporate £,eal)
L d _ ,>007-/41 ZY
P r U.; 1 d e n t Giq T/`1• Fes/ / r r4 • �y i9 �7.t�
Principal Corporation
President
Approved and accepted on behalf of the City of Miamt, Wiorida,
this 7- - day of fir GF_! ,l�iG /'�
A . D 19,0—/—
By -�
W rectr-r-, Departmicrct of F ublic We i ka _
lei 'LT,tiE 2 ;ES
a
Form PW 0179 Rev 10/69.
81-1075
0
IN WITNESS VFHERECF, the 01,111E.11 has caused these presents to he
executed and signed in its name by its proper officers, and its
corporate seal to be affixed hereto and attested to by its Secretary
the day and year first above set forth.
Signed, Sealed and Delivered
in the Presence of:
Witness
N 7
/NFL C//�Z �4�'Z d / /`�/�F- / •OF_
W ;.tness
Witness --—,-
f . Al 6,
Witness
CORPORATE SEAL
STATE OF FLORIDA )
COUNTY OF DADE )
R::b' . # 5
I HERESY C RTT FY that on this day ofo,EC �/ji=� A . D . , 19,-51,
before me perL;onally appea, ed /4.
F. N y • ii?�'+�?.d 1z. /"�Fs�i,�ic,�T 14-It/4 4-55/ rA- NT
!_-,5/'✓�G Tyr/ �- a corporation under the laws
of the State of lorida, tc kno :n to be the persons who si ;ned the
fcregoing instr urgent as suc of`_'icers and severally ackno:•:ledged the
e::ecution thereof to be their froe act and deed as such officers for
tl,e 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.
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
My COMMISSION EXPIRES DEC 4 1985
tU'4DtD inRu GENERAL INS . UNDEK RITERS
Ely Commission Expires: Notary Public, State of Florida at Large
APPROVED AS'TO FORM &'CORRECTNESS APPROVED
City Attorney Director, Department of Public Works
This Instrument Prepared by
Department of Law
City of Miami, Florida
I
81-1075
METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING - SUBDIVISION CONTROL
OPINION OF TITLE
TO: DADE COUNTY, a political subdivision of the State of Florida.
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 hereinafter described. It is hereby certified that I (we) have
examined completely covering the period from the BEGINNING to �tejib) er
251 A.D. 19_81_, at11100 A.M., inclusive, of the following described real property:
(Describe only realty to be subdivided)
PARCEL A: Lots 3 and 4, in Block 3, of FAIP=1, according to
the Plat thereof, recorded in Plat Book 4, Paae 176, of the Public
Records of Dade Coun Y, Florida.
PAR= B: A 10 foot strip of land located between Lots 3 and 4,
Block 3, of FAIMTID4, according to the Plat thereof, recorded in
Plat Book 4, Page 176, of the Public Reecords of Dade County, Florida.
Basing my (our) opinion on said complete abstract covering said period 1 (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:
PARM A: 1690 South Bayshore Lane, Inc., a Florida corporation
PAR(M B: The City of Miami
And
1690 South Bayshore Lane, Inc., a Florida corporation
111.06-11 _ PAGE 1 j .t d►
ti ► 07 �
* Lawyers Title Insurance Corporation Ccrmitn-ent for Title InsurancE- No.
BC-116305, Case No. 1-64885,
** and Certified�C�uter Printout of the Public Records of Dade un�_► Florida
f?'t n La�yvers �i�1e �crvwces, Inc., certified r_nsough November lg�l, at
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. Anv unrecorded labor, mechanics' or materialmens' liens.
S. Zoning and other restrictions imposed by governmental authorit%.
SPECIAL EXCEPTIONS
6. Mortgage dated May 29, 1981, recorded ,,,av 29, 1981 under Cler::'s File
No. 81R-144543 and in Official R•?cords Bock 11114, at ?pace �C5 frc�
1690 South Bayshore Lane, Inc. to H_l1e_r
7. Restrictions contained in D✓ed Bak 21. , Pace 33 _ , and in Daed r�or. 653,
Page 102.
S. Restrict...ions contained in Plat 4, Pace 176.
NOTE; Anv restriction based on race, color, relici on cr national origin
contained in any restrictions descrih d hie n is here!---.- related-.
9. Reservation of easamant (s) as set forth in Lr;. rdc~ in
Book 653, Paae 102.
10. Any and all rights of the United States of America in and to navigable waters,
or any iDor don kduch is filled -in lams fonmrly wi-�,in navical,-le watters, and
am, conditions contained in am-,, p._.tits aut,.horizinc the filling -in of such
land.
11. Rights and interests, if any, of the Public to use any part of the prqaarty
lying between (the) Biscayne Bav and the natural line of vecet..ation, the bluff
line, or other apparent. boundary line sepaLats_ng the publicly used area frcan
the upland private area.
111.06-11 - PAGE 2
�81-1075
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 ;he 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
"PAWL' DEVELOPMENT CORP. PLAT", a resubdivision of FA-IRVIEi4 Plat,
Plat Book 4, Page 176, of the Public Records of Dade County, Florida.
SPECIAL EXCEPTION
NAME INTEREST NUMBER
1. 1690 Soi)th Bayshore Lane, Inc. Fee Simple
2. The City of Miami Fee Simple
3. Heller Mortgage Canpany Mrtgage 6
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 _..L �_ day
of November 19 81LA
-
NAME
PEDRO A. MARTIN, ESQ.
GREENBERG, TRAURIG, ASKEW, HOF'FMAN,
ADDRESS
LIPOFF, QUENTE.L & WOLFF, P.A.
1401 Brickell Avenue
Miami, Florida 33131
111.06-11 - PAGE 9
81 - 107 5
To Donald W. Cather, Director -Arr
City of Miami Public Works
November 3, 1981
FROM Charles R. RittenhouseTentative Plat #1122-A
Utility Engineer, WASA Pawley Development Corp.
Oe
The above listed tentative plat has an existing 4" water main supply to
serve the property. Additional water mains will not be required unless
required by the Fire Department.
CRR:SN:ew
cc: Truman Bryan
81-1075
11
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15
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORAPJpUM
o. Howard V. Gary
City Manager
FPOM Donald W. Cather
DATE November 23, 1981 RILE
SURJEC:T PAWLEY DEVELOPMENT CORPORATION
PLAT, Resolution Accepting
Proposed Record Plat Located at
Approximately 1690 South
"EFE4E�`OES' Bayshore Lane.
r Commission Meeting of Dec.
,._] 9.81)
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 PAWLEY DEVELOPMENT CORPORATION PLAT is a
resubdivision of Lots three (3) and four (4), and the ten (10) foot alley
lying between said Lots in Block three (3) of FAIR VIEW SUBDIVISION as
recorded in Plat Book 4 at Page 176 of the Public Records of Dade County,
Florida, having a total area of 0.95-F of an acre. It is zoned RU-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 inprovements.
(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. 44N showing property platted
colored in red.
RB:es
81 -1075
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
NOVEMBER 24, 1981
REPORT OF PROPOSED RECORD PLAT OF
PAWLEY DEVELOPMENT CORPORATION PLAT
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
sti s� s� s4 :ti 4c sY sti s� k s� s� sr �: s'c k sti
The accompanying Plat entitled PAWLEY DEVELOPMENT
CORPORATION PLAT was prepared by Thomas J. Kelly, Inc.
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 a resubdivision of Lots 3
and 4, and the 10' foot alley lying between said
Lots in Block 3 of FAIRVIEW SUBDIVISION according
to the Plat thereof, as recorded in Plat Book 4
at Page 176 of the Public Records of Dade County,
Florida, having a total area of 0.95+ of an acre.
It is zoned RU-4.
(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 J. Kelly, Registered
Land Surveyor, this Plat complies with the plat
filing laws of the State of Florida.
(4) The City Planning and Zoning Board of Miami,
Florida, after Public Hearing, has recommended
the closing of 10' foot alley lying between said
Lots 3 and 4 in Block 3 of FAIRVIEW SUBDIVISION,
Plat Book 4 at Page 176. This action was
confirmed by City Commission Resolution No. 81-913.
(5) By authority of Resolution No. 203-81, adopted
November 2, 1981, the Plat was recommended for
acceptance by the City Zoning Board of Miami,
Florida.
(6) The attached Certificate of Title Examination
dated September 25, 1981, signed by Pedro A.
Martin, Attorney, indicates that the fee simple
title to the property platted is correctly
vested in 1690 South Bayshore Lane Inc., a
Florida Corporation and the Plat has been
correctly executed.
- 1 - 81-1075
1
(7) The area platted is encumbered by a mortgage and
the mortgage holder has executed the Plat and joined
in its dedications.
(8) In accordance with the requirements of Chapter 54,
Section 54-20, of The Code of The City of Miami,
Florida a Performance Bond in the amount of $81,500.
has been executed by 1690 South Bayshore Lane Inc.,
as Principal, and Walter R. Heller & Co.,Surety.
This Bond and the Surety's Power of Attorney will
accompany 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, Curb and
Gutter, Grading and Shaping of Street Shoulder,
Storm Drainage Structures, Fill and Permanent type
Bulkhead 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. 44N.
(10) The attached Resolution has been prepared for the
acceptance of the Plat by the City Commission of
Miami, Florida.
WALTER K. BROWN
Cadastral Engineer
RB:es
�m
81-1075
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
1690 SOUTH BAYSHORE LANE, INC.
FOR IMPROVEMENTS AT
PAWLEY DEVELOPMENT CORPORATION PLAT
LOCATED AT SOUTH BAYSHORE LANE AND WEST FAIRVIEW STREET
LANDSCAPING
TREES (SHADE)
6 With Minimum 20 Foot Overall Height
SOD
Approximately 2,100 Square Feet
$
3,150.00
ASPHALTIC CONCRETE PAVEMENT
Approximately 100 Square Yards
$
900.00
REMOVAL OF EXISTING SIDEWALK
Approximately 814 Square Feet
$
814.00
SIDEWALK
Approximately 1,085 Square Feet
$
1,628.00
CURB AND GUTTER
Approximately 207 Lineal Feet
$
1,553.00
GRADING AND SHAPING OF STREET SHOULDER
Approximately 207 Square Yards
$
518.00
STORM DRAINAGE STRUCTURES
$25,000.00
PERMANENT TYPE BULKHEAD
$20,000.00
FILL
Approximately 2,430 Cubic Yards
$
9,720.00
ESTIMATED COST OF IMPROVEMENTS $63,283.00
(10%) CONTINGENT $ 6,328.00
(17%) ENGINEERING $11,834.00
TOTAL $81,445.00
AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $81.500.00
81 -1075