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HomeMy WebLinkAboutR-07-0385City of Miami Legislation Resolution: R-07-0385 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00816 Final Action Date: 7/10/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 06-0517, ADOPTED SEPTEMBER 12, 2006, IN ITS ENTIRETY; ACCEPTING THE PLAT ENTITLED "CARRILLO SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO SATISFACTION OF ALL THE CONDITIONS OF THE PLAT AND STREET COMMITTEE AND THE PROVISIONS CONTAINED IN CITY CODE SECTION 55-8 AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, the City Commission adopted Resolution No. 06-0517, September 12, 2006, accepting the plat entitled "CARRILLO SUBDIVISION," accepting the dedications shown on said plat, authorizing and directing the City Manager and City Clerk to execute the plat, and providing for the recordation of said plat in the Public Records of Miami -Dade County, Florida; and WHEREAS, on October 19, 2006, the City of Miami ("City") forwarded the plat of "CARRILLO SUBDIVISION" to Miami -Dade County for recordation; and WHEREAS, the updated opinion of title required by Miami -Dade County for recording the plat of CARRILLO SUBDIVISION revealed that the owner of the plat property acquired a mortgage between the date of the opinion of title submitted to the City for the said plat and the date the City Commission accepted the said plat; and WHEREAS, Chapter 177 of the Florida Statutes, Chapter 28 of the Miami -Dade County Code and Chapter 55 of the Code of the City of Miami, Florida, as amended ("City Code") require the mortgagee to consent to the plat and join in its dedications; and WHEREAS, the Miami -Dade County Code requires the mortgagee's joinder to be on the said plat; and WHEREAS, the mortgagee consented to the plat and joined in its dedications by executing the plat on March 14, 2007; and WHEREAS, Section 55-6 of the City Code stipulates that no changes, erasures, modifications or revisions shall be made to an approved plat prior to recordation unless resubmitted for new approval; and WHEREAS, the plat of "CARRILLO SUBDIVISION" has been modified to reflect the mortgagee's consent; and WHEREAS, the Department of Public Works recommends the acceptance of the plat; City of Miami Page 1 of 2 File Id: 07-00816 (Version: 11 Printed On: 4/4/2017 File Number: 07-00816 Enactment Number: R-07-0385 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. 06-0517, adopted September 12, 2006, is rescinded in its entirety. Section 3. The plat entitled "CARRILLO SUBDIVISION," a subdivision of the property described in "Attachment 1," which plat by reference, in substantially the attached form, and subject to satisfaction of all conditions required by the Plat and Street Committee as set forth as "Exhibit A," attached and incorporated, and the provisions contained in Section 55-8 of the City Code, is accepted. The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, are also accepted and confirmed by the City of Miami, Florida. Section 4. The City Manager and City Clerk are authorized {1} and directed to execute the plat and cause the same to be recorded in the Public Records of Miami -Dade County, Florida. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor votes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 07-00816 (Version: 11 Printed On: 4/4/2017