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HomeMy WebLinkAboutR-80-0578RESOLUTION NO. S O" 5 7 8 A RESOLUTION ACCEPTING THE PLAT ENTITLED NETTIE SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATIO14 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 COT-!TtIISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled "NETTIE SUBDIVISION", being a resubdivision of portions of Tracts 17 and 18, Block 4, "WALDIN ACRES", according; to the plat thereof, as recorded in Plat Book 5, at Page 68, of the Public Records of Dade County, Florida, all l,yinr, in Section 33, Township 53 South, Range 41 East, City of Niami, Dade County, Florida, which by reference is made a hart hereof as if fully incorporated herein and the dedications as shown thereon together with all exist.inf* and future planting, trees and shrubbery on said property, to the perpetual use of the public, are hereby accented and confirmed by the City of Miami, Florida. Section 2. The City I-^.anager and the City Clerk are hereby authorized and directed to execute the Plat. PASSED AND ADOPTED this 24 day of July MAURICE A. FERRE MAYOR , 1980. ATTE T: "SUPPORTIVE ,- o oocu,;!^EIvrs R FOLLOW" P PARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: "DOCUMENT INDEX gzzy TEM NO. AISSISTANTICITY ATTO NEY GEORCO F. KNOXw, CITY ATTORNEY ITY COMMISSION MEETING OF JUL 2 4 1980 r 14 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM July 1, 1980 `1L Cadastral TO DATE Joseph R. (3rassie City Manager SUBJECT NETTIE SUBDIVISION Resolution Accepting Proposed ik�Gla�lLf Record Plat_ REFERENCES Donald h1 Cather (For Commission Meeting of Director of Public Works ENCLOSURES July 24, 1980) - 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 NETTIE SUBDIVISION is a resubdivi- sion of portions of Tracts 17 and 18, Block 4, Waldin Acres (5-6b) and will consist of one tract having an area of 0.554± 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 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 No. 26 showing property platted colored in red DWC:AL:vh E "SUPPORTIVE DOCUMENTS FOLLOW" v^�57 Y THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS July 24, 1980 REPORT OF PROPOSED RECORD PLAT OF NETTIE SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying plat entitled NETTIE SUBDIVISION was prepared by Wenceslao Ortega. 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 portions of Tracts 17 and 18, Block 4, WALDIN ACRES (5-68)1 and will consist of one tract having an area of 0.554t 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 ?corks of the City of Miami, Florida. (3) As certified to by Wenceslao Ortega, Registered Land Surveyor, this plat complies with the plat filing laws of the State of Florida. (4) By authority of Resolution No. ZB 51-80, adopted March 17, 1980, the plat was recommended for acceptance by the City Zoning Board of Miami, Florida. (5) The attached Certificate of Title Examination dated June 25, 1980, signed by Blair 1. Zimmett, Attorney, indicates that the fee simple title to the property platted is correctly vested in Tomas R. Alvarez and Nettie H. Alvarez, His Wife, and the plat has been correctly executed. (6) The area platted is encumbered by a mortgage and the mortgage holders have 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, an Irrevocable Letter of Credit No. 7847 in lieu of a performance bond or cashier's check in the amount of $2,000 has been signed by Rigoberto Ruiz Rojas, Vice -President, Republic National Bank of Miami, in favor of Tomas R. Alvarez. This letter "SUPPORTIVE DOCUMENTS eow-, (7) (continued) of credit will accompany the Agreement between the City of Miami, and the Principal to guarantee the construc- tion of landscaping, removal of existing sidewalk, sidewalk, and fill at the property platted. (8) 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. 26. (9) The attached Resolution has been prepared for the acceptance of the plat by the City Commission of Miami, Florida. WKB:vh a_r,v"k." irl-r- .f,r Walter K. Brown, Supervisor Cadastral Section "SUPPORTIVE DOCUMENTS FOLLOW" AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, Tomas R. Alvarez and Nettie H. Alvarez(hereinafter his wife referred to as the "Principal" and/or "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 pro- posed plat of a subdivision to be known as Nettie 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 land being platted, with a the Director of the Department of Public Works on behalf of said t City, for the construction of certain improvements therein enumerated, f 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 • "SUPPORTIVE DOCUMENTS FOLLOW" 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 0 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- tached 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.MIXII, 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$2,000. which amount is not less than one hundred (10070) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus thirteen (13%) 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 shall, within Bank 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 $29000. "SUPPORTIVE DOCUMENTS - - -- - FOLLOW' 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 13% 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 thirteen (13%') 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 i is attached hereto as Exhibit "C" and made a part hereof by reference. N "SUPPORTIVE DOCUMENTS FOLLOW" �J C CC/3 of 3 IN WITNESS WHE EOF, the Owner has caused this Agreement to be executed in quadruplicate (one original and the next three carbon copies) this day of A.D., 19 g O. Signed, Sealed and Delivered in the Pres ce of: ATTEST: J Secretary (Corporate Seal) ATTEST: Secretary SEAL) (SEAL) (SEAL) - (SEAL) h (ZEAL) a Principal Corporation President Principal Corporation (Corporate Seal) President Approved and accepted on behalf of the City of Miami, Florida, this ( day of L A.D., 19 E10. By: Director, Department of Public Works WITNESSES: "SUPPORTIVE D0� U NI ENTS FOLLOW" Form PW #178 Rev 8/77 STATE OF FLORIDA ) SS COUNTY OF DADE ) ti I HEREBY CERTIFY that on this day personalli appeared before me. an officer duly authorized to administer oa.ha and take acknowledgments, TOMAS R. AL3ZARV7 AND NF.TTTF H--ATMAREZ s HIS WIFE to me well known to be the person(s) described herein and who i!xi•cuted 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 County of Dade and State of Flnr� dg this � _ day of A. D. 19 �. } f f Notary Pdblic My Commission Expires: %AiY' Pubk, State of FlerIt LAK Mr Commisaion Eyolres March it M 41SUPPOR-FIVE DOCuNlENTS FOLLOW?, Form _ PW 0236 Rev. 5/69 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND TOMAS R. ALVAREZ AND NETTIE H. ALVAREZ, HIS WIFE FOR IMPROVEMENTS AT NETTIE SUBDIVISION LOCATED ON N. W. 13 STREET, EAST OF N. W. 31 AVENUE *LANDSCAPING REMOVAL OF EXISTING SIDEWALK Approximately 100 Sq.Ft. SIDEWALK Approximately 100 Cq. Ft. FILL Approximately 126 Cubic Yards ESTI'rATrI? COS;' OF IMPROVFT71TTF TOTAL A"10'27 OF PL'RVORMA'10E BON7) OR CASHTFR' S CtIF 7'� $ 955.00 100.00 1c;0.00 504.on $ 1709.00 222.00 t 1931.00 200n.00 "SUPPORTIVE DOCUMENTS FO L LOW" *Information concerning, the landsc•iring requirements shall be ohtalned by the City of Miami Planning Department. ` r REPLdLIC NATIONAL SANK OF _41AMI T9Mohoom 1305) 446.1931 INTIRNATIONAI OIIARTAIINT CAME ADDRESS R19ANK 0 O IOX 440"9 TREK 51-9444 IRREVOCABLE Stand -By MIAMI, FLORIDA 33144. U S A TEIiX 514590 LETTER OF CREDIT No. 7847 DATS June 26, 1980. CITY OF MIAMI, Public Works Department, 3332 Pan American Drive, Miami, Florida 33133 WE HSRESY OPEN OUR IRREVOCASLX LETTER or CRUD1T IN YOUR FAVOR AVAII.ARLK ST YOUR DRAFTS DRAWN ON REPUBLIC NATIONAL SANK of MIAMI. MIAMI. FLORIDA. U. SL A. AT a= a= s a s= a a a a a a a a== a RIGHT FOR ANT SUM OR SUMS NOT REI'KROINO IN TOTAL $21000.00 (TWO THOUSAND 00/I00 DOLLARS) * * * * * * * * * * * * * * * * * * * * * ** YOR ACCOUNT of - MR. TOMAS R. ALVAREZ, 8251 N.E. 12 Avenue, Miami, Florida, 33138. DRAITA MUST SR ACCOMPANIED ST. Your signed Statement to the effect that accountee has failed to do work regarding Nettie Sub -division, and that you are, therefore, entitled to the amount of the accompanying draft, no part of which has been paid by Mr.Tomas R.Alvarez although demanded. a a a== a a a= 3= x x a x a x= a s a a _ x xa "SUPPORTIVE = DOCUMENTS a a FOLLOW" a a _ a FaACH DRAFT MUST DRAW UPON ITS FACE THE CLAUSE "DRAWN UNDER LsrraR of CREDIT No. 78479 DATED June 26, 1980 - - - - - - - - - - - OF REPUBLIC NATIONAL RANK of MIAMI. MIAML FI.ORIOA. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HRRRIN. THIS LETTER OF CREDIT IS SUE.IRCT TO TNR "UNIFORM CUSTOMS AND PRACTICC FOR DocI1MtNTART CRXDITS /1974 REVISION). INTERNATIONAL CHAMERR OF COMMERCE RROCHUNR No. S9O.- 11 I WX fIERKSr AaRN6 WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMlCjjAMCE-11•}'H TUC TERMS OF THIS LETTER OF CRKSIT WILL SE DULY NONORRn IF rESENTRD TO THR ASOVR MENTIONKD DRAWEE •SANK 0100,091pEFORR June 26,1981. IMPORTANT DOCUMENT! MUST CO"FORM STRICTLY wITN THE TERMS O► THIS :s .S f� Vs r v1.Y YovRR CREDIT. IF YOU ARE UNABLE TO COMPLY WITH ITS TERMS PLEASE CO%.�. MUNICATE WITH YOUR CUSTOMERS PROMPTLY wITN A VIEW TO NAVINO THE CONDITIONS CHANGED. THIS PROCEDURE WILL FACILITATL PROMPT HANDLING WHEN DOCUMENTS ARE PRESENTED. !, RIG03ERT0 RUIZ ROJA$ cn.foi 2/80K '. INfE%NAi1_'i AL DEPARTMENT 1 oe REPUBLIC NATIONAL BANK of Miami FRED DE LA MATA nwS� '.r Mlop -1 T Pot S"Vl NT Dear Sirs: 10 N w 42-- AVENUE 'LE )EUNE ROAD At rLAGLER STPEtr MIAMI. FLORIOA 33126 T .LEPMONE 305) 446 1931 December 26, 1979. We are pleased to inform you that Mr. Rigoberto Ruiz Rojas has been appointed Vice President, International Department, and is authorized by the Board of Directors to sign on behalf of our Bank under the conditions set forth for Group "A" in our List of Authorized Signatures dated August 17, 1978. Facsimile signature of Mr. Ruiz Rojas appears below. Please include this letter in our List of Authorized Signatures. Sincerely yours J r.- - - - — ..-� , / 1. �= • - , • ram. - FDM/mn Mr. Rigoberto Ruiz Rojas will sign: �. "SUPPORTIVE DOCUMENTS FOLLOW" 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 the complete Abstract of Title completely covering the period from the BEGINNING to June JA.e —A.D. 1980 at ft" A.M., inclusive, of the following described real property: /00 yj (Describe only realty to be subdivided) THE EAST 20 FEET OF THE NORTH 180 FEET OF TRACT 17, AND ALL TRACT 18 IN BLOCK 4 OF WALDIN ACRES ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT PAGE 68 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LESS THAT PORTION OF TRACT 18 DESCRIBED AS FOLLOWS: BEGIN ON THE WEST LINE OF SAID LOT 18 AT A POINT 180 FEET SOUTHERLY OF THE N.W. CORNER THEREOF, THENCE N. 860 -07'-59" E 115 FEET TO THE EAST LINE OF SAID LOT 18; THENCE SOUTHERLY 196.51 FEET ALONG SAID EAST LINE TO THE SOUTHEASTERLY CORNER OF SAID LOT 18; THENCE N. 800 -2l'-45" W, 117.46 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 18; TO THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTHERLY 169.07 FEET ALONG THE WEST LINE OF SAID LOT 18 TO THE POINT OF BEGINNING 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: TOMAS ALVAREZ a/k/a TOMAS R. ALVAREZ and NETTIE ALVAREZ a/k/a NETTIE H. ALVAREZ, his wife 111.0G-11 - PAGE 1 "SUPPORTIVE DOW N"I ENTS FOLLOW" 4 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. S. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. Mortgage to Republic Mortgage Corporation dated December 14, 1970, filed December 15, 1970; assigned to Federal National Mortgage Association dated December 16, E 1970 filed December 17, 1970, under Clerk's File No. 7011-216440, re -assigned i January 27, 1971, filed February 2, 1971, under Clerk's File No. 71R-19801, assigned to Washington Federal Savings & Loan Association of Miami Beach, dated February 1, 1971, filed February 2, 1971, under Clerk's File No. 71R-19802, of the Public Records of Dade County, Florida. 111.06-11 - PAGE 2 "SUPPORTIVE DOCUMENTS FOLLOW" .Y .f . 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 "NETTIE SUBDIVISION" SPECIAL EXCEPTION NAME INTEREST NUMBER WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION OF MORTGAGEE (1) MIAMI BEACH 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. r Respectfully submitted this ]ath day of _ June _ 1980 , NAME — BLAIR I. ZIMMETT, ATTY 1778 West Flagler St. _ Miami, Florjda 33135 r ADDRESS ! "SUPPORTIVE 111.06-11 - PAGE I DOCU Mi ENTS FOLLOW" ^V1 CITY OF MIAMI. FLORIDA i INTER -OFFICE MEMORANDUM (/v Don Cather DALE April 9, 1980 •ICE Director Public Works Jim Reid Director Planning Department SL 9!E-• Landscape Requirements - Nettie Subdivision �.� Tentative Plat #1077 f/ -ES The Planning Department recommends the following landscape treatment. 1. Three (3) shade trees to be planted in the parkway. Any combination of the following listed trees will be acceptable. a. Beauty Leaf (Calophyllum inophylum) b. Golden Shower (Cassia fistula) c. Pongam (Pongami pinnata) d. Trumpet, Gold (Tabebuia argentia) BLACK OLIVES OR MAHOGANY WILL NOT BE ACCFPTED These trees to conform to the following standards Grade - Florida #1 or better Height - 8 to 10 feet overall 2. The parkways (approximately 1350 square feet) 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 total cost of landscaping; - S995.00 r JR/ek cc, Public Works (2) Plat File (3) Central File (1) I • SUPPORTIVE DOCUMENTS s FOLLOW" r OR `. MEMORANDUM TO Donald W. Cather, Director VOTE June 26, 1980 City of Miami Public Works RILE rnc.M R1 ay Stiff 9us.,Ecr Tentative Plat No. 1077 Utility Liaison Engineer Nettie Sub. Miami -Dade Water & Sewer Authority The above listed tentative plat has existing water mains to serve the property. Unless there is an unusual use requiring more than an 8-inch size, additional water mains are not required. RS:ew "SUPPORTIVE DOCUMENTS FOLLOW" 8 Lq - 0 a a .». :p.0 � a7 •df �C �W' ' o .. N * VA 14" z1 ,etc )�•f'• =GALS /":30Q I WE ''E.SL AO OX WSA L AND .VV,eVX>-W& CO,ell. 4SAAZ Elr ILL QW1404 M��Cy /9Do Cal � ses�eti ��veo• .�A4oTTe��7 .71vea✓r�ro� , ("ai•r� —--�--�'----- - — we70 w Jv a 1 • •I3 "aQ E C, v to. i/S oG i 1�'SO'OI"W. t 'J is • 07 ..59"W MI dO�/Tf/ fO�tK M/4A#'/ e/✓a-� e1w ✓E 04 A10 rE�V m P . M. 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