HomeMy WebLinkAboutR-79-0190RESOLUTION NO. 79-190
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"DOUGLAS GROVE", 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 AND LANDSCAPING
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 "Douglas Grove", being a re -
subdivision of Lot 1 of Entrada, according to the plat thereof,
recorded in Plat Book 5 at Page 61i, of the Public Records of Dade
County, Florida, lying in Section 28, Township 54 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 together with all existing and future planting, trees and shrub-
bery on said property, to the perpetual use of the public, are hereby
accepted and confirmed by the City of Miami, Florida.
Section ^The Covenant To Rur, With The Land executed by
John G. Chesney and Evelyn G. Chesney, His Wife, postponing the immedi-
ate construction of full width pavement, sidewalk, curb and gutter and
landscaping on Matheson Avenue, Douglas Road, and Stewart 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 re `atar f91e1} Jac Records
of Dade County, Florida.
ITEM NO.
Section 3. The City Manager and the City Clerk are hereby
authorized and directed to execute the plat.
PASSED AND ADOPTED THIS 8 day of MARCH
ri c .
CITY CLERK
PREkARED AND APPROVED BY:
Assistant City Attorney
MEETING OF
/Off g—/97f
2RESOLUTION.9./ ..
,,o
REMARKt ...«....-....«.
/S/ MAURICE A. FER
I1
, 1979.
E CITY COMMISSION
MAYOR
APPROVED AFO M
orge nox, r. attorney
INTE"R•OFFICE MEMORANDUM
TO:
Joseph R. Grassie
City Manager
- Donald W. Cather, Director
Department of Public Works
March 8 , 1979
F" f
Cadastral
DOUGLAS GROVE - Resolution
Accepting Proposed Record Plat,
Located on Douglas Road and
Stewart Avenue
The Proposed Record Plat entitled DOUGLAS GROVE is a resubdivision
of Lot 1, "Entrada", (5-64). It will consist of two lots zoned
R-1B. 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)
(2)
(3)
(4)
(5)
(6)
(7)
Resolution accepting the Plat
Print of proposed Record Plat
Covenant postponing immediate construction of certain
subdivision improvements
Opinion of Title
Memorandum from the Department of Planning
pertaining to landscaping requirements
Memorandum from the Miami -Dade Water and Sewer
Authority pertaining to water mains and appurtenances
Portion of City Atlas Sheet No. 48 showing property
platted colored in red
DWC:WKB:met
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
March 8 , 1979
REPORT OF PROPOSED RECORD PLAT OF
DOUGLAS GROVE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
* * * * * * * * * * * * * * * * * * * *
The accompanying Plat entitled DOUGLAS GROVE was prepared by
Jack Mueller & Associates, 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 1, "Entrada"
(5-64). It 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 John W. Mueller, Jr., Registered Land
Surveyor, this Plat complies with the plat filing laws of
the State of Florida.
(4) By authority of Resolution No. ZB 185-78, adopted October 16,
1978, the Plat was recommended for acceptance by the City
Zoning Board of Miami.
(5) The attached Certificate of Title Examination dated December
26, 1978, signed by Wallace I. Garrick, Attorney, indicates
that the fee simple title to the property platted is correctly
vested in JOHN G. CHESNEY AND EVELYN G. CHESNEY, HIS WIFE, and
the Plat has been correctly executed.
(6) The area platted is encumbered by mortgages and the mortgage
holders have executed the Plat and joined in its dedications.
(7) It is recommended that the attached covenant be accepted
postponing the immediate construction of full width pavement,
sidewalk, curb and gutter, and landscaping on Matheson Avenue,
Douglas Road (S.W. 37 Avenue) and Stewart Avenue, until the
area is more fully developed.
Page 1 of 2
(8) The location of the property is shown colored in red on the
accompanying copy of a portion of City of Miami Atlas Sheet
No. 48.
(9) The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami.
WKB:met
Page 2 of 2
yt
Walter K. Brown
STATE OF FLORIDA )
COUNTY OF DADE •
CITY OF MIAMI )
I, RALPH G. ONGIE, Clerk of the City of Miami, Florida, do
hereby certify that the attached and foregoing page contains a
true and correct copy of a resolution adopted by the Commission
of said city at a meeting held on the day of
1979, designated Resolution No.
WITNESS my hand and the official Seal of the City of Miami,
Florida this
day of , 1979.
By
RALPH G. ONGIE
CITY CLERK
Deputy City Clerk
COVENANT TO RUN WITH THE LAND
WHEREAS, John G. Chesney and Evelyn Chesney,
His Wife
(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 fee simple owner of
a subdivision entitled
Douglas Grove
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 Pavement, Sidewalk, Curb and Gutter and Landscaping
on Matheson Ave., Douglas Rd.. (S.W. 37 Ave.) and Stewart Ave.
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;
Form PW #270 Rev 4/69
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 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 OWNER, at 1600 Bayshore Drive, Miami, FL 33133
It is expressly agreed that this obligation shall be binding
upon the OWNER, his 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 the area, 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 OWNER 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.
-2-
Form PW #270 Rev 4/69
IN WITNESS WHEREOF the OWNER has caused this
agreement to be executed this/ :Z day of
A.D., 19 7,1%-.
Signed, Sealed and Delivered
in the Presence of:
/V 4 i y S. .7) ( ( Aiti'
1st itnes1 to Both Signatures
:785 N /r't g1)A e c DAP
FYI /710n, Fif/ 3/,'-
Witness Print Name & Address
2nd Witnes's to Both Signatures
to 9 (. •<i tt t(', ri
\\�t►��,.. , L. =-2)1 1'3
tress
Print
W r t Name & Address
ATTEST:
As Secretary
(Corporate Seal)
ATTEST:
As Secretary
(Corporate Seal)
THIS INSTRUMENT WAS
PREPARED BY:
OWNER
Q
(r- ri ,u-
&'o n G. he ney
14
Evelyd Chesney,
His Wife
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Principal (Corporation)
As President
Principal (Corporation)
As President
APPROVED AS TO FORM AND
LEGALITY:
-3
City Attorney
Form PW #270 Rev 4/69
STATE OF FLORIDA )
1 SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personal! j
appeared before me, an officer duly authorized to administer oa�ihs
and take acknowledgments,
His Wife
John G. Chesney and Evelyn Chesney,
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that They
executed the same freely and voluntarily for the purpose therein expressed.
W ITNESS my hand and official seal atj t ' t« e
County of �,z„ and State of
this ��{ ``� day of �` ,r+< �« `"At' A. D. 19
My Commission Expires:
NOTA Y ►UKIC STATE Of FIOR4DA Al tAAGE
MY COAYst4SSION EAIZES AM .29 t?SI
SeNOtP 1l4flJ GENUM. INS . UNOGcWtf TEtS
Nyary Public
Form - PW 4236 Rev. 5/69
WALLACE I GARRICK
EDWARD L WALTON
WALTON AND G A R R I C K
ATTORNEYS AT LAW
SUITE 1000 CONCORD BUILDING
66 WEST FLAGLER STREET
MIAMI, FLORIDA 33130
January 4, 1979
Mr. Donald W. Cather
Director of Public Works
City of Miami
3332 Pan American Drive
Miami, Florida 33133
Attention: Walter K. Brown
TELEPHONE
377.0017
•
m
RE: Up -date Opinion of Title
John G. Chesney and Evelyn G. Chesney, his wife -
Re -Plat Lot 1 of ENTRADA, PB 5/64 (DOUGLAS GROVE)
Dear Mr. Brown:
Based upon pencil search through December 26, 1978,
covering the above captioned property it is the opinion of the
undersigned that there is no change other than the aforementioned
up -date to Opinion Letter rendered in this matter on July 13,
1978.
Very truly yours,
AlAWA-c.4_
For the Firm
WIG:mla
-
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 Abstrac of Title completely covering the period from the BEGINNING to
July 13 __ _ A.D. 1978, at 8:00 A.M., inclusive, of the following described real property:
(Describe only realty to be subdivided)
Lot 1, less the West 10 feet of
ENTRADA, according to the Plat
thereof recorded in Plat Book 5,
Page 64 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:
JOHN G. CHESNEY and EVELYN G. CHESNEY, his wife
111.06-11 - PAGE 1
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.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL. EXCEPTIONS
6. Mortgage dated July 6, 1978, filed July 13, 1978, under
Clerk's File No. 78R182608 of the Public Records of Dade
County, Florida, wherein John G. Chesney and Evelyn G.
Chesney, his wife, are mortgagors, and University Federal
Savings & Loan Association of Coral Gables is mortgagee.
7. Mortgage dated July 26, 1978, filed in Official Records
Book 10106, Page 311 of the Public Records of Dade County
Florida, wherein John G. Chesney and Evelyn G. Chesney,
his wife, are mortgagors, and H. Mac M. White, Jr. and
Betty S. White, his wife, are mortgagees.
8. Restrictions and conditions set forth in Plat of Amended
Plat of Ocean View dated May 2, 1916, and recorded July 10,
1916, in Plat Book 4, Page 42, of the Public Records of
Dade County, Florida.
9. Restrictions and conditions set forth in instrument entitled
"Plat" dated January 19, 1921, and filed for record January 19,
1921, in Plat Book 5, Page 64, of the Public Records of Dade
County, Florida.
10. The West 10' of the property was conveyed to the City of
Miami, a municipal corporation of Florida, as shown in an
instrument entitled, "Warranty Deed" dated June 26, 1928,
and filed for record September 7, 1928, in Deed Book 1251,
Page 36, of the Public Records of Dade County, Florida.
11. Resolutions 19280 to 19314 inclusive, City of Miami, providing
for sidewalks which may constitute a pending lien on the
property.
111.06-11 - 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 RE -PLAT OF LOT 1,_ OF ENTRADA
NAME INTEREST
SPECIAL EXCEPTION
NUMBER
UNIVERSITY FEDERAL Mortgagee
SAVINGS & LOAN ASSOCIATION
OF CORAL GABLES
6
H. MAC M. WHITE, JR. and Mortgagee 7
BETTY S. WHITE, his wife,
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.
• -J
Respectfully submitted this ~' day
January1979
i`t
NAME
1000 Concord Building
66 West Flagler t t
Mtamt, Florida- �3
ADDRESS
T (-14
IN11111111111111MEMIIIIIIIIIIIINIIIMIIIIIIIIIIIIIIII
111.06-11 - PACE 3
TO
', • F MIAMI FLORIDA
(r'a c ER -OFFICE MEMORANE)UM
Donald W. Cather, Director
Department of Public Works
H
Jim Reid, Director
Planning Department
December 4, 1978
Landscape Requirements Douglas Grove
Tentative Plat #1030
The Planning Department recommends the following landscape treatment
1. Five (5) Golden Shower (Cassia Fistula) or Gumbo Limbo
(Busera Simaruba) to be planted in the parkway along
Douglas Road and two (2) Golden Shower (Cassia Fistula)
or Gumbo Limbo (Busera Simaruba) along Kent Road. These
trees conform to the following standards.
Grade - Florida #1 or better
Height - 8 to 10 feet overall
NO BLACK OLIVES OR MAHOGANY WILL BE ACCEP11;D
2. The parkway (approximately 8091 square feet) to be planted
with solid sod, Saint Augustine grass of the most advance
strain.
Estimated total cost of landscaping - $3,731.00.
JR:LYH:dr
cc: Public Works (2)
Plat File (3)
Central File (1)
w
1O
Donald W. Cather, Director
Miami Public Works Dept.
Ray Stiff -
Utility Liaison gineer
MEMOPANDUM
DATE
FILE
SUI3JFC.? Tentative Plat # 1030
a VC
January 23, 1979
Douglas Grove
The above listed property has existing water mains on three sides of
their property.
Unless there is an unusual use, requiring more than an 8-inch size,
additional water mains are not required.
RS:ew
w
�Cf
•
cn
1
m
Q
37 38
loo
7W 70 —
147.3.E
RAY
CT
8
BAT r= S .E A
DRIVE
loco
21
ioo
0 6
5
40
3Qui
2
I i
• •
..
..
..
99
100
4
ASIM
._• -
•
IT
in
18
2 0
TEWAR�j+
65.47
r.
4 •• '"
— 90
30
50
G
29 `V
ISM11\71
,so
i.
, .
28
.
i
..
27
26 •
imp....
•
1
2
3
A
i-•
0 7
. 8
I
`O
AATT
. RSE .
RO
26`
oo
25
24
23
22
o
15N1
i8 I7
�I
L99•
2
99
3
99
96
4
1 99
5
6
7
— ..
8
_
9
10
T
28
`tooR
0
ti
Rr —
N
S•UTH
RROS'E T
R• - c
T
19
10
9S