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HomeMy WebLinkAboutR-79-0803DOCUMENTS FOLLOW" RESOLUTION NO. 79 803 A RESOLUTION ACCEPTING THE PLAT ENTITLED BULLEN SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI,, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL WIDTH IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING_ THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT. 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, "BULLEN SUBDIVISION", is a resubdivision of portions of Lots 4, 5, 19, and a portion of an alley, all in Block "A","BISCAYNE PARK TERRACE SUBDIVISION", Plat Book 2 at Page 36, of the Public Records of Dade County, Florida, all lying in the S.E. 1/;4 of Section 15, Township 54 South, Range 41East, 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 John A. Bullen, postponing the immediate construction of curb and gutter, additional sidewalk and full width pavement on Tiger - tail Avenue until suchtime 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 "DOCUMENT INDEX ITEM NO: I CITY COMMISSION MEETING OF NOV 2 6 1979 MOU''79 80 � no... . ........ Section 3. The City Manager and the City Clerk are hereby authorized and directed to execute the Plat. PASSED AND ADOPTED this 26thday of November , 1979. Maurice A. Ferre ATTEST: MAYOR CMG Cf 3 CITY CLERK "SUPPQRTIVE DOCUMENTS F LLOVV" PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: ASSISTANT lITY ATTO4NEY . KNOX, '., iITY ATTORNEY 11111111111111111.1.111 79-808 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Joseph R. Grassie City Manager Di.TE' SUBJECT! ENCLOSURES November 2, 1979 BULLEN SUBDIVISION Resolution Accepting Proposed Record Plat located at 1930 Tigertail Avenue (For Commission Meeting of. November 20, 1979) The Department of,Public Works recommends the approval of the plat by the City Commission of Miami, Florida, and certifies its correct- ness as to form. FILE, Cadastral The proposed record plat entitled BULLEN SUBDIVISION is a resubdivi- sion of a portion of Block A, BISCAYNE PARK TERRACE SUBDIVISION, (2-36), and will consist of two lots zonedR-1B. This plat is being forwarded to your office for City Commission action. Also attached are the following itemized papers necessary to present. theplat to the City Commission of Miami: (1) Resolution accepting the plat (2) Print of proposed record plat (3) Covenant postponing immediate construction of certain subdivision improvements (4) Opinion of Title (5) Memorandum from the. Department of Planning waiving 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. 43 showing property platted colored in red DWC:WKB:vh Resolution attached "SUPPORTIVE SUPPOR;IVVE ;EN LL, V 79-803 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS November 2, 1979 REPORT OF PROPOSED RECORD PLAT OF BULLEN SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA. • * * e The accompanying plat entitled BULLEN 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 recommenda- tion that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: (1) The property platted is a resubdivision of a portion of Block A, BISCAYNE PARK TERRACE SUBDIVISION, (2-36) and will consist of two lots zoned R-1B. (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) By authority of Resolution No. ZB 166-79, adopted July 16, 1979, the plat was recommended for acceptance by the City Zoning Board of Miami, Florida. (5) The attached Certificate of Title Examination dated August 1, 1979, signed by Richard M. Land, Attorney, indicates that the fee simple title to the property is correctly vested in John A. Bullen and the plat has been correctly executed. (6) The area platted is encumbered by a mortgage and the mortgage holder has executed the plat and joined in its dedications. (7) It is recommended that the attached covenant be accepted post- poning the immediate construction of full width improvements on Tigertail Avenue until the area is more fully developed. 79-803 (8) The location of theaportion rofethown of Cityred in rof Miami, on the accompanying copy Florida, Atlas Sheet No. 143. (9) The attached Form of Resolution has been tyorepared fofor the acceptance of the plat y he Miami, Florida. WKB:vh WALTER K. BROWN,. SUPERVISOR CADASTRAL SECTION COVENANT TO RUN WITH THE LAND WHEREAS, JOHN A. BULLEN (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 o a subdivision entitled BULLEN SUBDIVISION 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 MIAMI, 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 Full Width Improvements on Tigertail Avenue and 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; NOW, THEREFORE, in consideration of the premises herein set out, the OWNER hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the OWNER, and without cost to the GITY, the aforementioned improvements within the area and/or on the street right-of-way abutting the aforesaid sub- division, upon thirty (30) days written notice from the Director of the Department of Public Works of the City of Miami, Florida, addressed to the, OW NER, at 1930 Tigertail Avenue, Miami, FL 33133 It is expressly agreed that this obligation shall be binding upon the OWNER, bis heirs, successors in interest or assigns, and shall 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 theirea, 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 OW NER or any fee simple owner of any lot or parcel described in said written notice, which agency is hereby specifically created, and said City 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.. P 79-803 IN WITNESS WHEREOF the OWNER has caused this 71-1 agreement to be executed this . day of A.D. 197? Signed, Sealed and Delivered in the Presence of: Witness Sign Here C -' may. c1 /11i ea Print Name 1� �.' am•.. Pry t A dress ,� e r 441 to s ig r e NDOEe•t/ C_ godc Print Name 214/ SuJ 9/ ivE Print Address - OWNER 1lf OHN A. BULLEN (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) ATTEST: As Secretary Principal (Corporation (corporate Seal) ATTEST: As President As Secretary Principal (Corporation) (Corporate Seal) THIS INSTRUMENT WAS PREPA E Y: Form PW #270 Rev 4/69 As President. APPROVED AS TO FORM AND LEGALITY: C,i y Attorney STATE OF FLORIDA 1 1 SS ) COUNTY OF DADE I HEREBY CERTIFY that on this day personallf ,appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOHN A. BULLEN to me well known to be the person(X) described herein and who 4sxceuted the foregoing instrument, and acknowledged before me that HE executed the sazne freely and voluntarily •for the purpose therein expressed. WITNESS my, hand and official seal at //%1,4/)JJ County of 7,/ncf-" and State of bA.D.19 79 this �� day of fr% ✓L'It1 �✓ My Commission Expires: 011)1Ar9 ►UKUC STATE of FLORIDA AT MSG! rY COMMISSION E,IIA&$ DK. 10 1902 Form - PW 0236 Rev. 5/69 Notary Public • METROPOLITAN DADE COUNT? — 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 I3EG1NNING to August 1 A.D. 19 79 , at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) The Northerly 60.10 feet of:Lot 4; All that portion of the full width of the 15 foot alley lying between. -Lots 4 and 19 lying between the extensions of the Easterly lines and the Westerly lines of Lots 4 and 19.. All of Lot 19 LESS the North 135 0_feet of the East 75 feet thereof. All that portion of the S1/2 of the 15 feet alley lying between the Northwardly extension of the Easterly line of Lot 5 and the Northwardly extension of the Westerly line of the Easterly 35.06 feet' of Lot 5, The Northerly 60.10 feet of the Easterly 35.06 feet of Lot 5. All in Block "A" PLAT OF BISCAYNE PARK TERRACE SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, at'Page 36 of the Public Records of Dade County, Florida. Basin; 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: JOIIN A. BULLEN 111.06-11 - PAGE 1 Subiect to the folluwtnc; 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. .Subject to a Mortgage given by Frederick P. Nehibas, III and Tania M. Nehrbas, his wife',:to.Dade Federal Savings and Loan Association of Miami, dated October 14, 1975, and recorded October 15, 1975 in Official Records Book 9126, page 859, of the Public Records of Dade County, Florida, securing the original principal sum of $45,000.00. 111.05-II - PAGE 2 1 '79 803. ••to • I t Therefore it is my (out) opinion that the following, partteA must totn ti the platting of the the f FLORIDA,cubed d th,etty, the subdivision and above described ;cal ptora�i to order to c ran' UAU F'ICOL COUNTY, i.ci �1and the public, a stood and proper title to the dedicated area; shown on tht. final theteot to be known as I3ULLLN SUBDIVISION NAME INTEREST — Dade Federal Savings & :Mortgagee Loan Association of Miami 3 ac 3 SPECIAL EXCEPTION NUMBER I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully mitted this of \u--�.us t;- -/ NA`,IE RICHARD M. i Suite 303, 2701 S. Baysholi 111,04—$I — PAGE 3 tr 27 th ,l,t 19�3 CITY OF tiiiAMI. FLOf110A vc>-- INTER -OFFICE' :r1EMQRANDUM Donald W. Cather, Director Public Works Department FAOMt Jim Reid, Director Planning Department JR:LYH:dr BATE: April 24, 1979 surur.CT: Landscape Requirements - BULLEN SUBDIVISION Tentative Plat #1044 i1EF£r7£NCC9: E NC LO SU tits; The Planning Department recommends waiver of the landscape requirement. The tentative plat has a 25 private right-of-way abutting which is adequate landscaped. cc: Public Works (2) Plat File (1) Central File (1) Bldg. Dept., Director (1) FILE: MEMOriANbUM TO FROM. Donald W. Cather, Director City of Miami Public Works A am -,//yyam� Ray Stiff, (3tility Liaison Engineer Miami -Dade Water & Sewer Authority d4TE FILE sue/:c' Tentative Plat No. 1044 l3ullen Sub November 7, 1979 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 zo •