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HomeMy WebLinkAboutR-79-0705• • 7 9 - 7 0 5 RESOLUTION NO. A RESOLUTION ACCEPTING THE PLAT ENTITLED ROVY 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 CONSTRUC- TION OF FULL WIDTH IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHOR- IZING 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 "ROVY SUBDIVISION" is a re -subdivision of Lot 9, Block 7, "KEW GARDENS", according to the plat thereof, as recorded in Plat Book 8, at Page 9, of the Public Records of. Dade County, Florida,all lying in the S.E. 1/4 of Section 33, TownshiP 53 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 togetherwith all existing and future planting, trees and, shrubbery . . - - - on said property, to the perpetual use of the public, are hereby - , accepted andconfirmed by the City of Miami, Florida. Section 2 . The Covenant To Run With The Land executed ;by , RAFAEL ROSADO and LEOCADIA ROSADO, his wife, postponing the immediate • . construction of curb and gutter, pavement, and additional sidewalk on N.W. 29 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 "DOCUME1 3DEX ITEM NO.—_ CITY COMMISSION MEETING OF OCT 1 7 1979 =OMR NO. 7 9 - 7 0 5 REVNInk ........... ......... authorized and directed to execute the Plat: PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: er J.C� Assistant City Attcfrney 79-705 0 ft CITY OF i•A1AMl, FLORIDA iN'f E' p-co "7 icM TO: i'ROM: Joseph R. arassie. City Manager Donald`W. Cather, Director rtment of P is W rks SeRtAMb e r 2 ,, 197.9) The Department of PublicWorks..recommends the approval of the plat by the,City Commission. of Miami, Florida, and certifies its •correctness as to form. ATE: September 7, 1979 ""-n Cadastral un.tEc•r: ROVY SUBDIVISION ResolutionAccepting Proposed `Record Plat located on i2GFKi2E�1czstN.W. 29._Avenue between N.W. 13 an( 144 Streets-. �r.cLOSURES: (For Commission Meeting of The proposed record plat entitled ROVY SUBDIVISION is a resubdivision of Lot'9, Block 7, "KEW GARDENS" (8-9) and will consist of two (2) lots -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) Covenant postponing immediate construction of certain subdivision improvements (5) Opinion of Title (6) Memorandum from the Department of Planning pertaining to 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. 26 showing property platted colored: in red DWC:WKB:vh • • THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS SEPTEMBER 27, 1979 REPORT OF PROPOSED RECORD PLAT OF ROITY .SUBDIVISION • A. SUBDIVISION IN THE. CITY OF_ MIAMI, FLORIDA-- if if * * * * •* * * if oi * The accompanying plat entitled ROVYSUBD,ITTSION- was:, prepared. by Juan R. Martinez & Associates, Inc. It is in correct formfor mission to the City Commission and is forwarded with .a • recommendation that it be approved. PERTINENT .INFORMATION (1) The , property platted is a resubd.ivision of Lot, 9, Block-.7-, KEW GARDENS (8-9) and will Oonsis' of -tWO..'. (2) . lots zoned R72:. . .. . . . . (2) The location of the'streets and the widths-,conf'orm with the standards of the Department of Public Works of,:the 'City of Miami, Florida. (3) As certified to. by Juan R. Martinez, Registered La.rid .SttrVeYor , • this plat corriPlies with the plat filing- 'laWs. of, -the- State of- ,-' Florida. . . , . .,. .--,. • . .- . . . .. -. . - .• -_ - (4) By -.authority of Resolution No. ZB 131-79,;', adoPted. June' 'LV,;,-1979, . . . . the. pla.t was recommended for acceptance .bY-;the,.:City;Planning- arid Zoning Board of' Miami, Florida. .•.. - - - . , ,. (5) The, attached Certificate of Title examination dated ,-July 2/1 . . 1979, • s,i'gnedi -by Nestor Morales, .Attorriey,-Indicateb-thatthe fee simple, title .-to the property- piatted-i's:-OriieCidly-.)-vested- in Rafael Rosado and ' Leocadia Rosado, His , . . , $ Wife ,_. .. , . . , . .. . .. (6) The area d i tt plaes .not: encumbered .ovapy Iyabiitgages:,' • ,-, .., .• .„ . (7) In accordance with the requirementS-Of dhailit,er-54;'section 54-20, of The Code of The City of Miami,..-FlOrida., -.a- Cashier's Check in . the amount of $ 1,950.00 ' has been tendered.by.the owner, Rafael Rosado and Leocadia.Rosado,-,HisWire.-",This Cashier's Check has been deposited with the Director of'Finance.and-will guarantee . . the completion of the subdivision improvements according to the provisions of the Agreement between The City of Miami and the aforementioned Rafael-Rosado and Leocadia Rosado, His Wife. The improvements required at the property platted are listed as follows: landscaping, sidewalk, grading and shaping of street shoulder. "SUPPORTIVE DOCUMENTS FOLLOW (8) (9) It is recommended that the attached covenant be accepted postponing the immediate construction of curb and gutter, pavement and additional sidewalk until the area is more fully developed. 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. (10) The attached resolution has been prepared for, the acceptance of the plat by the City Commission of Miami, Florida. WKBtvh WALTER K. BROWN, SUPERVISOR CADASTRAL SECTION 79- 7 05 0* CC/1 of 3 AO iEEIEt'1T FOR . CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODS OF THE CITY OF MIAMI, FLORIDA * ******* E?E::?s?{* 444 ****4* WHEREAS, RAFAEL ROSADO and LEOCADIA ROSADO, his wi (hereinafter referred ".to as the "Owner" ), concurrently with the delivery of this Agreement, has applied to THE CITY OF MIAMI, FLORIDA, ''(hereinafter referred to as the "City"),: for the acc a ce S plat and ptance and: confirmationby the Commission rtain proposed plat of ":a subdivision t said City w be knon 'as ROVY UBDIVISION a copy. of which.- proposed' is attached hereto and' made a hereof as, Exhibit "A" ; Section .514-20 THE_ OF MIAMI, ''FLORIDA',' requires that any proposed plat to Said 'Commission"for:acceptance'-and confirmation shall b accompanied by an :Agreement entered into by the Owner of the. WHEREAS Chapter 54, CODE OF THE . CITY submitted land being platted, with the Director of the Department o Public- Works .on e behalf of said City, for, the construction o certain improvements therein enumerated, the performance of which :Tishall be secured by<a good and sufficien Check; Performance Bond or Cashier's NOW, THEREFORE, the Owner hereby. covenants and agrees with the said City as follows 1. Within One .(1) year from the effective date of the acceptance and . confirmation . of said plat by: the; Commission f said City, or prior to the' issuance by the City ;of Miami of a 0 Certificate " of Occupancy ; for the premises , the Owner will construct, or cause to have in accordance with. standard improvements as are listed and described upon the estimate'0 cost of constructed, at his own expense and specifications of said City,` all.. said improvements, a copy whereof is attached hereto "SUPPORTIVE D O C IJ ;'i E N T S Form PW #178 Rev 8/77 P79-705 111' CC/2 of 3 as Exhibit "B" allowed it is not and made apart' hereof. Although one. year for the completion of' the aforementioned improvements, 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 wor is started, the Owner hereby agrees to prosecute.:said workk" progressively so as to �omplete it in a reasonable length o time as determined by the Department of. Public Works. The Owner hereby agrees to'",abide by all 'of :the ,provisions`' of `the "Guide for Work in•the'Public Right:ofWay", a .copy.. - „,,of which is attached hereto and`by• 'this reference made a part'hereof 2.• In accordance•` with the provisions of said Chapter Section 54-20, THE :CODE OF ;THE CITY:OF • MIAMI FLORIDA the .Owner hereWithy deposits with the City, a Cashier's Check .in the is not less than one hundred' construction:of-.th'e ;plus': thirteen; amount of $ 1,950.00, which amount (100 0) percent of the;estimated cost of -the improvements listed in the attached Exhiblt (13%) percent for=engineering or contingent costs the conditions of the deposit thereof being such th Owner shall fully and faithfully, perform the i with the terms of this Agreement and 'has submitted work. 54 at if . the n ,:accordance to` the ` City of' Miami Department of Public Works a letterfrom a Registered. Land Surveyor certifying that the Permanent "Reference 'Monuments indicated-on;the Plat have been installed and properly placed, the amount of ,said check shall be. returried to the Owner; other- wise, in the event of the failureor neglect of the Owner to perform this Agreement, said check shall be applied by said City to the cost ofconstructing or completing the improvements, together:,with any engineering or contingent costs, and any damages director indirect, not to exceed thirteen (13%) percent thereof, which said City may sustain on account of the failure carry out and execute all of the provisions Owner further covenants and agrees to. pay the City reasonable attorneys' fees in the event of the Owner's of' the Owner this Agreement. said default. "SUPPORTIVE DOCUMENTS FOLLOW" and- -damages, Form PW #178 Rev 8/77 R79-705 ' CC/3 of 3 IN WITNESS WHEREOF, the Owner has caused this Agreement't' e executed in quadruplicate (one original and the next three carbon copies) Signed in; Witness to Both ignatures Wi ness'to Both.Si tures ATTEST: Approved i r ::. this j0 day of 5EP'TEM5F-KA .1) . Owner: AF? L ROSADO rr / (SEAL) (SEAL) (SEAL) LEOCADIA ROSADO,. his wife' (SEAL) (SEAL) (SEAL ) "SUPPORTIVE DOCUMENTS WITNESSES: By: Corporation) Corporation) lorida, Director, Department of Public Works Form PW #178 Rev 8 /77 STATE OF FLORIDA COUNTY OF DADE IHEREBY CERTIFY that on this day personall/ appeared before me. an officer duly authorized to administer oa;;hs. RAFAELROSADQ and LEOCADIA ROSADO, his wife and take acknowledgments, to me well known to be the person(s) described hereinand who executed the foregoing instrument, and acknowledged before me that f�E?l, �,. _ executed the same freely and voluntarily for the purpose therein expressed. My Commission Expires: NOIM ?URIC STAFF OF IFLO MA * 1w rY COMMISSIO�i AL$ UIC • Ir 11�! Notary Public "SUPPORTIVE DOCUEN T S FOLLOW" Form - PW #Z36 Rev. 5/69 EXHIBIT „l'Bt TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI AND RAFAEL ROSADO AND LEOCADIA ROSADO' FOR IMPROVEMENTS AT ROVY SUBDIVISION LOCATED ON N.W. 29 AVENUE BETWEEN N.W.13 AND 114.STREETS * * * * * * *,* * * * * . *LANDSCAPING SIDEWALK Approximately 550 . GRADING AND SHAPING' Approximately 135 Square Square Feet OF STREET SHOULDER 723 715.0 FLORIDA Yards 270.00 ESTIMATED COST OF IMPROVEMENTS 1,7.08.00;' (13%) ENGINEERING AND CONTINGENT 222.00' TOTAL. AMOUNT OF PERFORMANCE BOND OR CASHIER'S` CHECK $< 930.00 ,950.00 *Information concerning the landscaping requirements shall be ,obtained from the City of Miami Planning Department. "SUPP ,`,E FOLLOW" COVENANT. TO RUN WITH THE LAND WHEREAS, : RAFAEL ROSADO AND LEOCADIA . ROSADO, .HIS WIFE (hereinafter referred to as "the OWNER" or "he", irrespective o actual gender and number, and meaning either singular or plural an including heirs, assigns and successors,' the context so requires or admits) is the present tee simple owner a subdivision entitled in interest thereof, where, ROVY.SUBDIVISION. 0 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 , pursuant to Chaper 54, Section 54-20 of THE CODE OF the : "CITY") THE CITY OF MIAMI, FLORIDA, requires; the OWNER to construct or the CITY, the following,improve• cause to be constructed at no expense to ments withi.n the area 'and/or on the streets abutting said subdivision CURB AND GUTTER, PAVEMENT AND ADDITiONAL SIDEWALK 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 a he is notifiedby the CITY that the aforementioned improvements are necessary or desirable; "SUPPORTIVE DOCU M EDITS FOLLOW" 1 FrI"h P1.4 0,7r1,.,/i? P79-705 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 CITY, the aforementioned improvements within the area and/or on the street right-of-way abutting di•ision, upon thirty (30) days written notice from the Director of the Florida, addressed. Department of Public Works of the City of Miami, to the OWNER , the aforesaid ,au 1303 N.W. 32 .COURT., 'MIAMI, FLA. 33125 It is expressly agreed that this obligation shall be binding upon the OWNERhis heirs, successors in interest or assigns, and shall bea 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 the area, and/or in the street ri ht-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 ownerof 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 suchconstruction 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. "SUPPORTIVE. DOCUMENTS FOLLOW" • e"°\ fts IN WITNESS WHEREOF the OWNER has caused this agreement to be executed this //'"' day of ..„<*t),/fe•te,,,/,),./.- A„ D. , 19 19 . Signed, Sealed and Delivered in the Presence of: 644.1;-') WITNESS TO BOTH 0.AGNATURES W LNESS TO BOTH S G ATURES (SEAL) (SEAL) (SEAL) LEOCADIA ROSADO, HIE WIFE (SEAL) • • • (SEAL) (SEAL) ATTEST: As Secretary (Corpora e ATTEST: As Secretary (Corporate Seal) Principal (Corporation) s President Principal (Corporation) As President THIS INSTRUMENT WAS • . APPROVED AS TO FORM AND PREPARED BY: LEGALITY: ' , : • • • , • 1 • , .• • • ; • , „ • . , . • •„. - • • „.. • •-• • , • • City Attorney "SUPPORTIVE DOCU'MENTS FOLLOW" Form PW #270 Rev 4/69 STATE OF FLORIDA ) COUNTY OFDADE) I HEREBY CERTIFY that on this day;person.illi appeared before me, an officer duly authorized toadminister oaths and take acknowledgments, tome RAFAEL RQSAD.O. and LEOCADIA ROSADO, his wife well known to be the person(s) described herein` and who 4:x1..cute', the foregoing instrument, and acknowledged before min that executedthe sairne freely and voluntarily forthe purpose therein expresse WITNESS my hand and official seal at this and State of /�C./'./D_ ay of Y/' eel" ('Y __ A.D. 19 79 • M Commission £x�pireti• �p NILIC STATE Of FKOWA Alt Mri COp HWJ ENLML IINf UNDORVI11Mi Notary Public ti. Form - PW : i1236 Rev. 5/69 179-7054 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 July 24 A.D. 19 79 , at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) Lot 9 in Block 7 of KEW GARDENS, according to the Plat thereof, recorded in Plat Book 8, at Page 9 of the Public Records of Dade County, Florida. "SUPPORTIVE E DOCUP,I NT FOLLOW" Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion thaton the last mentioned date the fee simple title to the above described real property was vested in: 111.06.11 PAGE 1 RAFAEL ROSADO'and LEOCADIA ROSADO, his wife imii iuumm ui.-mIiiiiIup Subject to the-folloWingencumbrances• liensj: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 oth•er than the above 3. Facts' thatwould be disclosed upon accurate survey. 4.. Any unrecorded labor, mechanics' or_materralmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. Pending Sanitary Sewer Resolution 75-734. 111.OS-11 - PAGE 2 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 NAME INTEREST RAFAEL ROSADO and LEOCADIA ROSADO, his wife SPECIAL EXCEPTION NUMBER FOLLOW 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 . 4 day of July 19 79 . NAME Nest'.r Morales, Esq. 1149 27 ADDRESS Miami, Florida 33135 111.06-11 - PAGE 3 #.444, ilk MORA NOWA fy Donald W. Cather) Director City of Miami Public Works Ray S'O. f-- Utility Liaisontingineer Miami -Dade Water & Sewer Authority oATE FILE .SUrisecT . September 6) 1979 Tentative Plat No. 104 Row' Subdivision The above listed. tentativehas existing plat "water mains to serve the property. • • ••. ••••._ ...; • rn • • "SUPPORTIVE DOCUrENIS FOLLOW" -.4 • • :X) 71 rn C:ITY C)F rL.OPIDA I NTr:Fi -0 F I C A NI DU M Donald W. Cat.her, Director Public Works Department Jim Reid, Director Planning Department •zATI. September rILE • • Landscape Requirements - ROVY SUB Tentative Plat #1043-A The Planning .--,_ment 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. Golden n Shower (CassiaFistula) b. Live 0ak (Quercus Virgi.niana) c. Orchid Tree (Bauhinia Purpurea) d. Pongam (Pongamia Pi.nnata) BLACK OLIVES AND MABOGAtlYS WILL NOT BE ACCEPTED. These trees to conform to the following standards. Grade - Florida #1 or better Height - 8 to 10 feet overall • The parkways (approximately 1210 square feet) to be planted with solid sod Saint Augustine grass of the most advanced Top o soil needed minimum depth of four (4) inches. Estimated total cost of landscaping - $723.00. .11 , "SUPPORTIVE - DOC u' FOLLOW" c,- ; 6 6 , w • IC 1 to, .r.,,, 5,'• 0.4 ,-; r pr. I ..,,, -472: •1 1 a. .1 I ig OS e' 3 5l1 Pi i 2 " 'ei 9r,„ 692•1*-1' 69 414- 70