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HomeMy WebLinkAboutR-79-0189i "SUPPORT VE DOCUMENTS ((``��' A1r, FOf..►�V WHEREAS, the City Zoning Board and the Department of Public RESOLUTION NO. 79-189 A RESOLUTION ACCEPTING THE FLAT ENTITLED L'HERMITAGE, 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. Works have recommended the acceptance of the plat; NOW, THEREFORE, BE IT RESOLVED BY ThE COr°MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled L'HERMITAGE, being a resubdivi- sion of "SK:YLINE", according to the plat thereof, recorded in Plat Book 66, at Page 18, of the Public Records of Dade County, Florida, together with a portion of private park "A" 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, all lying in Sections 15 and 22, Township 54 South, Range 41 East, City of Miami, Dade County, Florida, which by refer- ence 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 1).2 the Qlty f M ami Florida. ..L �CUMENT _ IND tx oi ITEM NO. f Section 2. The City manager and the City Clerk ale hereby authorized and directed to execute the Plat. PASSED AND ADOPTED this 8 day of MARCH PREPARED AND APPROVED BY: Assistant City Attorney , 1979. /S/ MAURICE A. FERRE MAYOR APPROVED AS TO FORM AND CORRECTNESS: CITY OF MIAMI, FLORIDA INTER•CFFICE 1•1EMORANDUM TO: Joseph R. Grassie City Manager wTE. February 15, 1979 FILE Cadastral SUBJECT: L'HERMITAGE - Resolution Accepting Proposed Record Plat, located at 2000 South Bayshore Drive FRo'": Donald W. Cather, Director REFERENCES: Department of Public Works (For Commission Meeting of ENCLOSURES. • March 8 1979) The Proposed Record Plat entitled L'HERMITAGE is a resubdivision of Skyline (68-18) and a portion of private Park "A" Biscayne Park Terrace (2-36). It will consist of one (1) tract having a total area of 10.84± acres. It is zoned R-1 PAD. This plat is being forwarded to your office for City Commission Action. The attached detailed report from 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. 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. 45 showing property platted colored in red DWC:WKB:met "SUPPORTIVE DOCUMEN Ts ,� FOLLOW THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS MARCH 8, 1979 REPORT OF PROPOSED RECORD PLAT OF L'HERMITAGE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA * * * * * * * * * * * * * The accompanying Plat entitled L'HERMITAGE was prepared by A. J. Watson Land Surveying, 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 Skyline (68-18) and a portion of Private Park "A" Biscayne Park Terrace (2-36). It will consist of one (1) tract having a total area of 10.84± acres. It will be zoned R-1 PAD. (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 Alfred J. Watson, 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 Skyline Drive. This action was confirmed by City Commission Resolution No. 79-81. (5) By authority of Resolution No. ZB 28-79, adopted February 5, 1979, the Plat was recommended for acceptance by the City Zoning Board of Miami. (6) The attached Certificate of Title Examination dated December 28, 1978, signed by Donald J. Glazer, Attorney, indicates that the fee simple title to the property platted is correctly vested in KINGSWHARF, LTD. and the Plat has been correctly executed. Page 1 of 2 D OC PV1 N TS FOLLOW', (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, a Cashier's Check in the amount of $15,000.00 has been tendered by the owner, KINGSWHARF, LTD. 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 KINGSWHARF, LTC. The improvements required at the property platted are listed as follows: Landscaping, Asphaltic Concrete Pavement, Bike Path, Curb and Gutter, Removal of Existing Pavement and Storm Drainage Structures. (9) The location of the property is shown colored in red on the accompanying copy of a portion of City of Miami Atlas Sheet No. 45. (10) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami. Walter K. Brown WKB:met CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: fit^ Joseph R. Grassie City Manager Donald W. Cather, Director Department of Public Works „ ,t i DATE February 15, 1979 r:1 r Cadastral L'HERMITAGE - Resolution Accepting Proposed Record Plat, located at 2000 South Bayshore Drive (For Commission rleotinc* of Plarch Q, ]979) The Proposed Record Plat entitled L'HERMITAGE is a resubdivision of Skyline (68-18) and a portion of private Park "A" Biscayne Park Terrace (2-36). It will consist of one (1) tract having a total area of 10.84± acres. It is zoned R-1 PAD. This plat is being forwarded to your office for City Commission Action. The attached detailed report from 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. 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 pertainin€r 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. 45 showing property platted colored in red DWC:WKB:met Please, return originals to Dept. of Public Works, Design Office. ATTN: Armando Lopez THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS MARCH 8, 1979 REPORT OF PROPOSED RECORD PLAT OF L'HERMITAGE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA * * * * * * * * * * * * * * * * * * * * The accompanying Plat entitled L'HERMITAGE was prepared by A. J. Watson Land Surveying, 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 Skyline (68-18) and a portion of Private Park "A" Biscayne Park Terrace (2-36). It will consist of one (1) tract having a total area of 10.8L± acres. It will be zoned R-1 PAD. (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 Alfred J. Watson, 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 Skyline Drive. This action was confirmed by City Commission Resolution No. 79-81. (5) By authority of Resolution No. ZB 28-79, adopted February 5, 1979, the Plat was recommended for acceptance by the City Zoning Board of Miami. (6) The attached Certificate of Title Examination dated December 28, 1978, signed by Donald J. Glazer, Attorney, indicates that the fee simple title to the property platted is correctly vested in KINGSWHARF, LTD. and the Plat has been correctly executed. Page 1 of 2 (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, a Cashier's Check in the amount of $15,000.00 has been tendered by the owner, KINGSWHARF, LTD. 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 KINGSWHARF, LTC. The improvements required at the property platted are listed as follows: Landscaping, Asphaltic Concrete Pavement, Bike Path, Curb and Gutter, Removal of Existing Pavement and Storm Drainage Structures. (9) The location of the property is shown colored in red on the accompanying copy of a portion of City of Miami Atlas Sheet No. 45. (10) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami. , Walter K. Brown WKB:met STEPHEN W. ARXY OWEN 5. FREED EUGENE E. STEARNS MARC M. WATSON BRUCE W. GREER DONALD J. GLAZER ROBERT F. MUDSON, JR. RICHARD M. DUNN ALISON W. MILLER EDELBERTO J. FARRES LESTER L. GOLDSTEIN GERALD B. COPE. JR. ROBERT B. BALOGH JILL NEXON BRADFORD V. SWING PATRICIA IRELAND LAW OFFICES ARKY, FREED, STEARNS, WATSON & GREER ONE BISCAYNE TOWER MIAMI, FLORIDA 33131 TELEPHONE (305) 374.4800 TELEX 51 - 5592 Metropolitan Dade County - Public Works Engineering - Subdivision Control Dade County, Florida TO: DADE COUNTY, a political subdivision of the State of Florida ROGER M. BERNSTEIN OF COUNSEL With the understanding that this opinion of title is furnised 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 we have examined the complete Abstract of Title com- pletely covering the period from the BEGINNING to December 28, 1978, at 8:00 a.m., inclusive of the following des- cribed real property: MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: KINGSWHARF, LTD., a Florida Limited Partnership. Subject to the following encumbrances, liens, and other ex- ceptions: II II II 11111111111.1111111 I= 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. Easements and Roadways contained in Plat, SKYLINE, recorded in Plat Book 68, at Page 18, Dade County, Florida 7. Reparian rights. 8. Mortgage from Shermin Ross, individually and as Trustee, to Chase Federal Savings & Loan Association dated May 26, 1978, filed May 26, 1978 at Clerk's File No. 78-137431. Therefore it is 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 L'HERMITAGE. NAME INTEREST SPECIAL EXCEPTION NUMBER KINGSWHARF, LTD. Owner CHASE FEDERAL SAVINGS & LOAN ASSOCIATION Mortgagee AIRY, FREED, STEARNS, WATSON & GREER 8 EXHIBIT "A" PARCEL A Lots 1 through 27, inclusive, being all the lots of SKY LINE SUBDIVISION, according to the Plat thereof, recorded in Plat Book 68 at Page 18, of the Public Records of Dade County, Florida. PARCEL B That portion of PRIVATE PARK "A" lying between South Bayshore Drive (formerly Coconut Grove Drive), as now existing, and widened, and Biscayne Bay, and between the Easterly and Westerly lines of Lot 10 extended Southerly to Biscayne Bay, per Plat of BISCAYNE PARK TERRACE, according to the Plat thereof recorded in Plat Book 2, at page 36, of the Public Records of Dade County, Florida. PARCEL C That portion of PRIVATE PARK "A" lying between South Bayshore Drive (formerly Coconut Grove Drive), as now existing and widened, and Biscayne Bay, and between the Easterly and Westerly lines of Lot 9 extended Southerly to Biscayne Bay, per plat of BISCAYNE PARK TERRACE, according to the Plat thereof recorded in Plat Book 2, at page 36, of the Public Records of Dade County, Florida. ARICY, FREED, STEARNS, WATSON & GREER 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 day of ,1979. ARKY, FREED, STEARNS, WATSON & GREER Suite 2800 One Biscayne Tower Miami, Florida 33131 By: Donald J. Glazer, For the Firm ARHY, FREED, STEARNS, WATSON & GRl:l:R 7 CC/1 of 3 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA ************************* WHEREAS, Kingswharf Ltd., a Florida Limited Partnership by Helcinmar Corp., its General Partner (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 acceptance and confirmation by the Commission of said City, of a certain proposed plat of a subdivision to be known as Tentative Plat No. 1031 - L'Hermitage 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 land being platted, with the Director of Public Works on behalf of said City, for certain improvements therein enumerated, of which Agreement shall be secured by a Performance Bond or Cashier's Check; NOW, THEREFORE, the Owner hereby covenants the said City as follows: 1. Within one (1) year from the effective acceptance and confirmation of said plat by the said City, or prior to the issuance by the City by the Owner of the the Department of the construction of the performance good and sufficient and agrees with date of the Commission of of Miami of a Certificate of Occupancy for the premises, the Owner 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 Form PW #178 Rev 8/77 •00 CC/1 of 3 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS t'1RSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA ************************* WHEREAS, Kingswharf Ltd., a Florida Limited Partnership by Helcinmar Corp., its General Partner (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 acceptance and confirmation by the Commission of said City, of a certain proposed plat of a subdivision to be known as Tentative Plat No. 1031 - L'Hermitage 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 the 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 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 of said City, or prior to the issuance by the City of Miami of a Certificate of Occupancy for the premises, the Owner 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 costof said improvements, a copy whereof is attached hereto Form PW #178 Rey 8/77 CC/2 of 3 as Exhibit "B" and made a part hereof. Although one year is allowed 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 neighborhood. After the work is started, the Owner hereby agrees to prosecute said work progressively so as to complete it in a reasonable length of 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 of Way", a copy of which is attached 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 Owner herewith deposits with the City a Cashier's Check in the (6 c c•rc.0 amount of $224;99e--00 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 thirteen (13%) percent for engineering or contingent costs and damages, the conditions of the deposit thereof being such that if the Owner shall fully and faithfully perform the work in accordance with the terms of this Agreement and'has submitted to the City of Miami Department of Public Works a letter from 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 returned to the Owner; other- wise, in the event of the failure or neglect of the Owner to perform this Agreement, said check shall be applied by said City to the cost of constructing or completing the improvements, together with any engineering or contingent costs, and any damages direct or indirect, not to exceed thirteen (13%) percent thereof, which said City may sustain on account of the failure of the Owner to carry out and execute all of the provisions of this Agreement. Owner further covenants and agrees to pay the said City reasonable attorneys' fees in the event of the Owner's default. Form PW #178 Rev 8/77 CC/3 of 3 IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in quadruplicate (one original and the next three carbon copies) this l3th day of February A.D., 1979 . Signed, Sealed and Delivered in the Presence of: Owner: (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) T EST0,4?, . ecretary , Irwin M. Adler (Corporate Seal) ATTEST: Secretary (Corporate Seal) Kingswharf Ltd., a Florida Limited Partnership By: Helcinmar Corp., its General Partner Pr..ncipal (Corporation) President, Sherwin Ross Principal (Corporation) President Approved and accepted on behalf of the City of Miami, Florida, this I Ti+ day of ri-eieU[1(:Y WITNESSES: A.D., 1979) . By: I�f14 Director, Department of Public Works Form Pw #178 Rev 8/77 ^:77'...T_n.. .'nR . IN WITUESS the OWNER has caused these presents to be executed and sirnei in its name by it: proper officers, and its Corporate seal to be affixed hereto and attested to by its Secretarytheday and year first above set forth. Signed, Sealed and Delivered in the Presenceof; Witness`-' ' Witness Witness Kingswharf Ltd., a Florida Limited Partnership by: Help ►nmar Corp 77)s General Partner Sherwin Ross, President r. Irwin M. Adler, Secretary Witness ' COR?ORATE SEAL REF. #5 STATE OF FLORIDA ) COUNTY OF DADE ) I HERE'. CERTT- Y that on th; s /.3�L , ay of��A.D. , 197X, before me personally appeared ,-....�,� �T � President and Secretary,'espect_vety of a corporation under the laws c_ the State of Florida, to me known to be the persons who signed the f 'e pin strur e :`. s h of: ioe: and 7everal l y ao1:r c.:1e ed the execution thereof to be their act and deed as such cf fcers for the uses and purposes therein mentioned... nt__ned anthat they affixed thereto the official seal of saidcorporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Miami, County of :)add and State of Florida, the day and year last aforesaid. ► NOIARY PUMA S, N!I '.F 1; '.,n . , AAY COMMISS ON EXPICIS MAr I1 Oa. IIONDED IHRUGENERAL INS. UN,).r.k''IR ?.:;; Commission Expires: Notary Public, State of Florida at Large APPROVED AS TO FORM & CORRECTNESS r.AZtROVED City Attorney Director"; Departtaent o`f Public Works This Instrument Prepared by Department o'_' Law City of Miami, Florida EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND KINGSWHARF, LTD. FOR IMPROVEMENTS AT L'HERMITAGE LOCATED AT 2000 SOUTH BAYSHORE DRIVE *LANDSCAPING $ 1,520.00 ASPHALTIC CONCRETE PAVEMENT 2,593.00 Approximately 305 Square Yards REMOVAL OF EXISTING PAVEMENT 560.00 Approximately 280 Square Yards BIKEPATH 2,964.00 Approximately 300 Square Yards CURB AND GUTTER 3,500.00 Approximately 500 Lineal Feet STORM DRAINAGE STRUCTURES 2,000.00 ESTIMATED COST OF IMPROVEMENTS $ 13,137.00 (13%) ENGINEERING AND CONTINGENT COSTS 1,708.00 TOTAL $ 14,845.00 AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $ 15,000.00 *Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. C'.ilY OF MiAMI Fl_QRIOA INTER -OFFICE MEMORANDUM Donald W. Cather, Director Department of Public Works Jim Reid, Director Planning Department December 19, 1978 1.4 Landscape Requirements - L'Hermitage Tentative Plat #1031 The Planning Department recommends the following landscape treatment 1. A total of Eight (8) shade trees to be planted in the parkway, scattered in a natural manner. Any combination of the following will be acceptable. a. Glossy Privet (Ligustrum Lucidum) b. Gumbo Limbo (Busera Simaruba) c. Orchid Tree (Bauhinia Purpurea) d. Pongam (Pongamia Pinnata) e. Rosewood (Dalbergia Sissoo) BLACK OLIVE AND MAHOGANY WILL NOT BE ACCEPTED These trees to conform to the following standards. Grade - Florida No. 1 or Better Height - 8 to 10 feet overall 2. The parkway (approximate 2000 sq. ft.) to be planted in 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 - $1,520.00 JR:LYH:dr cc: Public Works (2) Plat File (3) Central File (1) water - L' Nezmitaya • AGREEMENT FOR THE CONSTRUCTION OF WATER FACILITIES AND FOR THE PROVISION OF WATER SERVICE FOR L' IHERMITAGE BETWEEN MIAMI-DADE WATER AND SEWER AUTHORITY AND KINGSWHARF, LTD. LEGAL ADDRESS Miami -Dade Water and Sewer Authority P. 0. Box 330316 Miami, Florida 33133 Mr. Sherwin Ross Kingswharf, Ltd. 9200 South Dadeland Boulevard Suite 603 Miami, Florida 33156 This instrument prepared by: William P. Burns, Esquire 3575 South LeJeune Road Miami, Florida 33133