HomeMy WebLinkAboutR-81-0798RESOLUTION NO. 8 1 — 9
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"DAGHER VILLAGE", 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 ON THE CITY OF
MIAMI, FLORIDA:
Section 1. The Plat entitled "DAGHER VILLAGE", being a subdivision
of Lot 3 in Block 4 and Lot 1 in Block 5 of "EDGEWATER" according to the
plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records
and that portion of N.E. 4th Avenue lying between said lots and North
of the North Right-of-way line of N.E. 24th Street 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 24th day of September , 1981.
PREPARED AND APPROVED BY:
J.
SSISTANT CITY ATTORTY
APPROVED AS TO FORM AND CORRECTNESS:
'GFtORGE KNOX, JR., TORNE
CITY COMMISSION
MEETING OF
SEP : 11981
UsownoM M- 81 „- .7 9 8
CITY OF MIAMI. FLORIDA
iP1TI-71- -OFFICE �AEMORANDUM
M Howard V. Gary
City Manager
�FROMDonald
�<
Jt
W.Cr
he
-:,r�. September 15, 1981 „_F
DAGHER VILLAGE RESOLUTION
ACCEPTING PROPOSED RECORD PLAT
LOCATED AT NE 4TH AVE. AND
NE 24TH ST.
RFFEREN CES
ror•Director of Public Works (For Commission Meeting of
September 24, 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 DAGHER VILLAGE is a resubdivision
of Lot 3 in Block 4, and Lot 1 in Block 5 of EDGEWATER (2-31). It
will consist of two lots and is zoned C-1 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 Department of Planning
pertaining to landscaping requirements
(6) Memorandum from the Miami -Dade Water and Sewer
Authority pertaining to water mains and appurtenances
(7) Portion of City Atlas Sheet IJo. 21A showing property
platted colored in red
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81-798
U
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
SEPTEMBER 16, 1981
REPORT OF PROPOSED RECORD PLAT OF
DAGHER VILLAGE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled DAGHER VILLAGE 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 Lot 3 in Block
4 and Lot 1 in Block 5 of "EDGEWATER" (2-31). It will
consist of 2 lots and is zoned C-1 and R-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 Zoning Board of Miami, Florida, after Public Hearing,
has recommended the closing of N.E. 4th Avenue, North of
N.E. 24th Street. This action was confirmed by City Commission
Resolution No. 81-481.
(5) By authority of Resolution No. 160-81, adopted September 14,
1981, the plat was recommended for acceptance by the City
Zoning Board of Miami.
(6) The attached Certificate of Title Examination dated August 29,
1981, signed by Maynard Hellman, Attorney, indicates that the
fee simple title to the property platted is correctly vested
in Dagher Investment N.V. 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
54-20, of The Code of the City of Miami, Florida, an
Irrevocable Letter of Credit #9339 in the amount of $8,747
has been executed by DAGHER INVESTMENT, Principal, and
REPUBLIC NATIONAL BANK OF MIAMI. This Letter of Credit
will accompany the Agreement between the City of Miami,
Florida, and the Principal to guarantee the construction
81 -'798
of asphaltic concrete pavement, sidewalk, curb and gutter,
storm drainage, sanitary sewers and landscaping 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. 21A.
(10) The attached Resolution has been prepared for the accept-
ance of the Plat by the City Commission of Miami, Florida.
Walter K. Brown
Cadastral Engineer
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81 -798
ar
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
DAGHER INVESTMENT, N.V.
FOR IMPROVEMENTS AT
DAGHER VILLAGE
LOCATED ON N.E. 24 ST. @ N.E. 4 AVE.
*LANDSCAPING
*WATER MAINS AND APPURTEi11ANCES
Miscellaneous
Pipes, etc.
500.00
ASPHALTIC CONCRETE PAVEMENT
Approximately
175 Square Yards
$1,575.00
REMOVAL OF EXISTING SIDEWALK
Approximately
81� Square Feet
$ 85.00
REMOVAL OF EXISTING CURB AND GUTTER
Approximately
160 Lineal Feet
$ 400.00
SIDEWALK
Approximately
230 Square Feet
t 345.nn
CURB AND GUTTER
Approximately
8 Lineal Feet
60.00
STORM DRAINAGE STRUCTURE
$1,700.00
SANITARY SEWERS
$ 300.00
6" CURB
Approximately
149 Lineal Feet
$ 894.00
VALLEY GUTTER
Approximately
147 Lineal Feet
$1,029.00
ESTIMATED COST OF
IMPROVEMENTS
$6,888.00
(1000) CONTINGENT
$ 688.00
(17%) ENGINEERING
$1,171.00
TOTAL
AMOUNT OF PERFORMANCE BOND (LETTER OF CREDIT) $8,747.00
*Information concerning the landscaping requirements shall be
obtained from the City of Miami Planning Department.
w 81 -798
�i
AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-20
THE CODE OF THE CITY OF MIAMI, FLORIDA
WHEREAS, DAGHER INVESTMENT, N.V. (hereinafter
referred to as the "Principal" and/or "Owner"), concurrently with
the delivery of this Agreement, has applied t_o.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 pro-
posed 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, 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 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 here-
to as Exhibit "B" and made a part hereof. Although one year is allowed
81 -•7 9 8
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 IV
neighborhood. After the work is started, the Principal hereby agrees
to prosecute said work progressively so as to complete it in a reason-
able length 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 at-
tacked 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,MIX%11 , FLORIDA, the Principal
herewith tenders to the City a Letter of Credit in lieu of a Perform-
ance Bond or Cashier's Check, duly executed by ,the _Republic. National Bank
in the amount of $6,747.04 which amount is not less than one
hundred (1007.) percent of the estimated cost of the construction of
the improvements listed in the attached Exhibit "B", plus seventeen
(17%) percent for engineering and contingent costs and damages, and
upon completion of the construction of said improvements and subse-
quent to the submission by the Principal to The City of Miami Depart-
ment, 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 Letter of Credit
shall be released.
3. In the event the Principal shall fail or neglect to fulfill
his obligations under this Agreement, the conditions of said Letter
of Credit shall be such that the Republic National Bank 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 improvments set forth in Exhibit "B"
hereof, pay to the City a sum up to the aggregate amount of '
d
9i
4. The City shall have the right to collect the sum estimated to
construct or complete the improvements set forth in Exhibit "B", said
sum to be estimated by the Department of Public Works of the City,
which shall include engineering and contingent costs and any damages
direct or indirect, not to exceed 17% thereof, plus reasonable attorneys'
fees which the City may sustain on account of the failure of the princi-
pal 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 adver-
tisement and receipt of bids, the improvements as provided for in said
Agreement, and in the event that the City Commission of Miami, Florida
exercises such right, it shall have the right to collect the final
total costs of said improvements, together with any engineering and con-
tingent costs, and any damages direct or indirect, not to exceed
seventeen (17%) 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 Letter of Credit
is attached hereto as Exhibit "C" and made a part hereof by reference.
81-798
CuRVORAT i Oi. FORt-1
1
IN WITNESS WHEREOF, the OVINER has caused these presents to be
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 ofA
tness
itnes
Witness
Witness
STATE OF FLORIDA )
COUNTY OF DADE )
DAGHER INVESTMENT, N.V., a Netherlands
Antilles co oration
By:
ASSAD DAGH Presi ent
- NANY DAGHER,r-re ry
-
CORPORATE SEAL
REF. #5
I HEREBY CERTIFY that on this %f ay of -September, A.D., 1981 ,
before me personally appeared ASSAD DAGHER and NAJAT DAGHER, President and
Secretary, respectively, of DAGHER INVESTMENT, N.V.,
a corporation under the laws
of the Netherlands Antilles, tc n,c known to be the persons who signed the
foregoing instrument as such officers and severally acknowledged the
execution 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 of said corporation, and that the said instrument is
the act and deed of said corporation.
WITNESS my hand and official seal at
State of Florida, the day and year last
NOTM KKIC STATE OF FORIDA AT tAIOGE
Nx «NIMIS51U, w'iPA ai 12 1981
vcMl• 1 � W QU1KUTEM i
14y Commission Expires:
Miami, County of Dade, and
aforesaid.
��` •at Large
APPROVED AS TO FORM & CORRECTNESS APPROVED
City Attorney ..d.Director, Department of Public Works
This Instrument Prepared by
Department of Law
City of Miami, Florida
81-798'
METROPOLITAN DADE COUNTY — PUBLIC WORKS
ENGINEERING — SUBDIYISION CONTROL
r
OPINION OF TITLE
TO: DADE COU, rY, 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
exile reed� hwe complete Abstract of Title completely covering the period from the BEGINNING to
Jeptember 4, A.D. 19 81___, at "IIMBII N, inclusive, of the
following de:exibed real property:
3:30 P.M.
(Describe only realtyto be subdivided)
Lot 3 in Block 4 of EDGEWATER, according to the Plat thereof, recorded in
Plat Book Z, at Page31, of the Public Records of 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:
DAGHER INVESTMENT, N.V. a Netherlands Antilles corporation
111.06-11 - PAGE 1
$ �798
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the yea: 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 arelln possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
S. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Subject to restrictions and easements contained in the Plat of EDGEWATER
SUBDIVISION, as recorded in Plat Book 2, at Page 31, of the Public Records
of Dade County, Florida.
2. Subject to the following pending liens in favor of the City of,Miami as
advised by Mr. Ken Nagle:
a. Pending Street Light Lien.
b. Pending Lot Clearing Lien.
3. Exception is made to Municipal and County Waste and Garbage Collection Taxes,
if any.
111.06-11 - PAGE 2
$1-79
U
0
Therefore it is my (out) opinion that the following patties must join in the plotting of the
above described teal property in order to grant DADE COUNTY, FLORIDA, and the public. a good and
propel title to the dedicated areas shown on the final Plat of the aforedescribed property, the subdivision
thereof to be known as
SPECIAL EXCEPTION
NAME INTEREST NUMBER
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.
Respe,�tfuily siubmitted this day
Of A NISI64 19 w— .
ADDRESS
111.06-11 — PAGE 1
$1-798
METROPOLITAN. DADE COUNTY — PUBLIC WORKS _
ENGINEERING - SUBDIVISION CONTROL
OPINION OF TITLE
TO: DAbE COUNTY, a political subdivision of the State of Florida.
4
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 the complete Abstract of Title completely covering the period from the BEGINNING to
August 23. A.D. 19n_ , at 13:00 A.M., inclusive, of the following described real property:
(Describe only realty to be subdivided)
Lot 1, in Block 5, of EDGEWATER, according to the Plat thereof, as
recorded in PIatftook 2, at Page 31, of the Public Records of 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:
DAGHER INVESTMENT, N.V., a Netherlands Antilles corporation.
111.06-11 - PAGE 1
81 -798
Subject to the following encumbrances, liens, and other exceptions:
t
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 then the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
S. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Subject to restrictions and easements contained in the Plat of EDGEWATER
SUBDIVISION, as r corded in Plat Book 2, at Page 31, of the Public Records
of Dade County, Rorida.
2. Subject to the following peeling liens in favor of the City of Miami as
advised by Mr. Ken Nagle:
a. Pending Street Light Lien.
b. Pending Lot Clearing Lien.
3. Exception is made to Municipal and County Waste and Garbage Collection Taxes,
if any.
111.06-11 - PAGE 2
i
01-7✓8
Therefore it is my (out) opinion that the following parties must join in the platting of the
above described teal property in order to grant DADE COUNTY, FLOMDA, grid the public, a good and
proper title to the dedicated areas shown on the final Plot of the aforedescribed property, the subdivision
thereof to be known as
NAME INTEREST SPECIAL EXCEPTION
-NUMBER
Y
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 /P ay
Of 19 .
iL&Z_ - -
AME
ADDRESS
111.06-11 - PAGE #
81-798
rio...
f
-!TY OF MIA'Al. FLORIDA
INTER -OFFICE MEMORANDUM i
1
Donald Cather, Director
Public Works Department
G
Richard 0. Whipple
Current Planning Division
Planning Department
GATT September 15, 1981 FILE
suej!-J- Landscape Requirements -
DAGHER SUB. (Tent. #1116-A)
FNCLOSUPES.
The Planning Department recommends the following landscape
treatment:
1. A Royal Poinciana to be planted in the
west end of the parkway.
The tree is to be Florida #1 or better
with an 8-10 feet overall height.
2. The Royal Poinciana existing in the east
end of the parkway to remain.
3. The parkway to be planted with solid sod,
Saint Augustine grass of the most advanced
strain.
Top soil needed to insure proper growth to
be provided to a minimum depth of four (4)
inches.
Estimated cost of landscaping $500.00.
81-798