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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00717 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 06-0607, ADOPTED OCTOBER 12, 2006, IN ITS
ENTIRETY AND SUBSTITUTING THIS RESOLUTION FOR IT; ACCEPTING THE
PLAT ENTITLED "BANKS SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF
THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO
SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET
COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND
INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, 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, pursuant to Resolution No. 06-0607, October 12, 2006, the City Commission accepted
the dedications shown on the "BANKS SUBDIVISION" plat, authorized and directed the City Manager
and City Clerk to execute said plat, and provided for the recordation of said plat in the Public Records
of Miami -Dade County, Florida; and
WHEREAS, on November 13, 2006, the City of Miami ("City") forwarded the plat of "BANKS
SUBDIVISION" to Miami -Dade County for recordation; and
WHEREAS, the updated opinion of title required by Miami -Dade County for recording the plat of
"BANKS SUBDIVISION" revealed that the owners, Peyton Banks and Nora Banks, husband and wife,
transferred the title to a portion of the plat property to Alexander Zaldivar and Gwendolyn Zaldivar,
husband and wife, between the date that the City Commission accepted the plat and the date that the
City forwarded the plat to Miami -Dade County; and
WHEREAS, Alexander and Gwendolyn Zaldivar acquired two mortgages from the same
mortgagee; 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 all owners to
join in the dedication of the plat and the mortgagee to consent to the plat and join in its dedications;
and
WHEREAS, the Zaldivars have joined in the dedication of the plat of "BANKS SUBDIVISION" by
executing the plat on April 2, 2007; and
WHEREAS, the mortgagee consented to the plat and joined in its dedications by executing the plat
on August 22, 2007; and
Ciry of Miami Page 1 of 2 Printed On: 6/20/2008
File Number: 08-00717
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 "BANKS SUBDIVISION" has been modified to reflect the dedication of the
plat by all owners and the mortgagee's consent; and
WHEREAS, the Department of Public Works recommends the acceptance of the plat;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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. 06-0607, adopted October 12, 2006, is rescinded in its entirety.
Section 3. The plat entitled "BANKS SUBDIVISION," a replat 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 Code of the City of Miami, Florida, as
amended, 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}
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
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.
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