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HomeMy WebLinkAboutR-78-0162RESOLUTION we 2 A RESOLUTION ACCEPTING THE PLAT ENTITLED BEGONIA VILLAS, A SUBDIVISION IN THE CI`I? OIL MIAMI, PLORIDA; 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 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 BEGONIA VILLAS being a resubdivision of Lots 19 and 20, Block D, Biscayne Park Terrace according to the plat thereof, recorded in Plat Book 2, at Page 36, of the Public Records of Dade County, Florida, which by reference is made 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 by the City of Miami, Florida. Section 2. The Covenant To Run With The Land executed by BERNICE TATHAM postponing the immediate construction of full width improvements 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. "SUPPORT!\! D v (j i "EN . I. S FuLLOW" a part hereof as if "DOcUMEN ITEM NO. DEX f. CITY COMMISSION MEETING OF MAR9 1978 to no 8 Section 3. The City Manager and the City Clerk are hereby authoried and directed to execute the Plat. PASSED AND ADOPTED this 9th day of March 1978, Maurlice A. Ferre MAYOR ATTEST: PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: • Ct..••••, GEO . KNOX, W, CITY ATTORNEY "SUPP3:7T7VE DOCUMENTS FOLLOW' r 7 8 1 6 2 tat PROM: City elP ivliAkll, rt19f16A ER.+rrtce MEM©RAN UM Oteph A. Orassie City Manager William E. Parkes, Director Department of Public Works bAft November 10, 1977 tit : Cadastral sufJtct $ESot1IA VILLAS Resolution Aocepting Proposed Record Platt Located on S.W. 22 Avenue and Secoffee Street OtPEREMCE9: ENCLosufhES: The Proposed Record Plat entitled BEGONIA VILLAS is a resubdivision of Lots 19 and 20, Block D, Biscayne Park Terrace (2-36); it will consist of five (5) lots zoned R-1. 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 attache are the following itemized papers necessary to present the Plat to the City Commission of Miami: (8) Resolution accepting the Plat Print of proposed Record Plat Agreement form pertaining to subdivision improvements Covenant postponing immediate construction of certain subdivision improvements Opinion of Title Memorandum from the Department of Planning pertaining to landscaring requirements Memorandum from the Miami -Dade Water and Sewer Authority waiving the requirement to install water mains and appurtenances Portion of City Atlas Sheet No. 43 showing property platted colored in red WEP::•l:B:met "SUPPORTIVE DOCUMENTS FOLLOW" • THE CITY OP MIAMI, PLoRibA DEPARTMENT OF PUBLIC WORDS HOVE .1BEP, 10, 1977 REPORT OF PROPOSED RECORD PLAT OP BEGONIA VILLAS A SUBDIVISIOi'•1 IN THE. CITY OF MIAMI, FLORIDA The accompanying Plat entitled BEGONIA VILLAS was prepared by Alfred J. Watson. 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 Lots 19 and 20, Block D, Biscayne Park Terrace (2-36); it will consist of five (5) lets zoned R-1. (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) By authority of Resolution No. ZB 151-77, adopted September 19, 1977, the Plat was recommended for acceptance by the City Zoning Board of Miami. (5) The attached Certificate of Title Examination dated September 6, 1977, signed by A. Chester Abney, Attorney, indicates that the fee simple title to the property platted is correctly vested in Bernice Tatham and the Plat has been correctly executed. (6) The area platted is not encumbered by any mortgage. (7) 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 $11,200.00 has been tendered by the owner, Bernice Tatham. This Cashier's Check has been deposited with the Director of Finance and will guarantee the completion tl � lnfiRT \JE r " Page 1 of 2 r78-162 Of the subdivision improvements according to the provisions of the Agree lent between The City of Miami and the afore-. mentioned $ernice Tatham. The improvements required at the property platted are listed as follows Landscaping, Sidewalk, Grading and Shaping of Street Shoulder, Storm Drainage Structure and Sanitary Sewers, () The location of the property is shown colored in red on the accompanying copy of a portion of City of Miami Atlas Sheet No, 43, (9) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami. WKP : met Walter K. Brown "SUPPORTIVE DOCUMENTS FOLLOW" E 78- 162 CC/1 of 3 AOREEMEPIT FOR CONSTRUCTION OF CERTAIN ItdP`ROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, ************************* BERNICE TATHAM (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 BEGONIA VILLAS 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 expensq and in accordance with standard specifications of said City, all improvements as are listed and described upon the estimate of cost of said improvement::, a copy whereof is attached hereto as Exhibit "" and made a part hereof, Although one year is allowed for the completion of the Fovm P4 /1178 Rev 2/7l4 " U' ':'O RT1'!E D'XJEN t'S F ***) " *0 SS Ilk Vti I" 7$ 162 aforementioned improvements, it is not in the public interest that such construction work should be prolonged to the extent that it would have a disorganising 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 Hight 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 amount of $ 11,200, 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; otherwise, 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, TwMKT•J 43% and any damages direct or indirect, not to exceed b (M.%) 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. " UPPORTIVE PC)CU M ENT q Form PW # .78 Bev 2/74 IN WITMESS WHEREOFJ the Owner has caused this Agreement to be executed in quadruplicate (one original and the next three carbon copies) this 34d day of , No embeic A.D. , 19, L_ Signed, Sealed and Delivered in the Presence of: f. 1bMOs 9. leiAA 4 Owner: � �Nrc�rArt�dtit � '�-�' (SEAT, ) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) ATTEST: Secretary (Corporate Seal) ATTEST: Secretary (Corporate Seal) Principal (Corporation) President Principal (Corporation) President Approved and accepted on behalf of the City of Miami, Florida, this 3 day of A/0 6/ A.D. , 1971 By :v� c'» 7c.z -4Z Director, Department of Public Works ,,SUPPORTIVE DF LLOW"TS F. rm P •a # 17 8 Rev, 2/7 4 t78 16 STATE Or FLORIDA 1 } 55 1 COUNTY ()F 1)At)E 1 1UE1.E13Y CEitt11•'Y that ott this clay persttnall, appeared before trie. an officer duly .tuthurited to administer na;its and take acknowledgments, 8LRNICE TATHAM to me well known to be the person(b) described herein and who executed the foregoing instrument, and acknowledged before men that 411E executed the salve freely and voluntarily for the purpose therein expressed. W ITNESS my hand and official seal .it Miami. County of this • day of Pack. My Commission Expires: (/)-22e..-/. l--/a1, Form 4 PW 11236 Rev. 5/69 and State of Feo»,i.da A. I). 19 77 • • Notary I lie 'SUPPORTIVE DOCtJM t -IS 78-162 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OP MIAMI, FLORIDA AND EERNICE TATHAM POR IMPROVEMENTS AT 'BEGONIA VILLAS LOCATED ON S. W. 22 AVENUE AND SECOFFEE STREET *LANDSCAPING $ 1,575.00 SIDEWALK Approximately 1920 Square Feet 2,112.00 GRADING AND SHAPING OF STREET SHOULDER Approximately 615 Square Yards 923.00 STORM DRAINAGE STRUCTURES SANITARY SEWERS ESTIMATED COST OF IMPROVEMENTS (13%) ENGINEERING AND CONTINGENT TOTAL AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK 3,750.00 1,500.00 9,860.00 1,282.00 *Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. 11,142.00 11,200.00 "SUPPORTIVE DOCUMENTS FOLLOW" COVENANT TO R„UN W I rH tHE �I.A D W -iEREAS, _L ERNIcE.tAtHAI) (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 BEGONIA VILLAS (NR) as recorded in Plat $ook at Page of the Public Records of Dade County, Florida; an d WHEREAS, The City of Miami, a municipal corporation in the State of Florida, in the County of bade, (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 {,at width .i.mrnoveme►tts o►t S.W. 22nd Avenue and on Secon6ee S.th.eet. 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 tiznc in the future as he is notified by the CITY that the aforementioned improvements are necessary or desirable; "SUPPORTIVE DOCUMENTS FOLLOW" Form1Wii 7oRey4/69 7 8 - 162 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 rightof-'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 2333 8itdAvenue, Micun ,Ftok da 33133 It is expressly agreed that this obligation shall be binding upon the OWNER, his heirs, successors in interest br 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. -z- "SUPPORTIVE DOCUMENTS FCLLOW" Fogg pw it270 Rev 4/69 1. 1 6 2 IN WITNESS WHEREOF the OWNER. has caused this agreement to be executed this Pict day of A, D, , 19 17 Signedo Sealed and Delivered OWNER in the Presence of: Ei i .e."—tet (SEAL) BNICE TATHAM f/,1 7ettAi A04;444.1." (SEAL) 2- ATTEST: ja 4,14..c•L As Secretary (Corporate Seal) ATTEST: As Secretary (Corporate Seal) (SEAL) (SEAL) (SEAL) (SEAL) Principal (Corporation) As President Principal (Corporation) As President THIS INSTRUMENT WAS APPROVED AS TO FORM AND PREPARED BY: LEGALITY: 3 Form PW Bev 1/69 City Attorney 'in I, u DOD FOLLIn VTS " 78-162 STATE m ELo nt0A ) ) SS COUNTY ot± t)At)E I HERE13Y CERTIFY that on this day personalty appeared before ti,e, an officer duly .authorized to administer ci,t.its and take acknowledgments, BERNICE TATHAM to hie well known to be the person(e) described herein and who oxer.uted the foregoing instrument, and acknowledged before me that executed the same freely and voluntarily for the purpose therein expressed. W ITNESS my hand and official seal at btt,am.. County of Dade f� this ')2day of My Commission Expires: I/Y757"'. Form PW J 3f, Rev, 5/69 and State of F.ZotLda A. I). 19 77 / Noel Ty 1-'ublic DOCUMENTS "SUPPORTIVE Y METROPOLITAN DADS COUNTY- PUBLIC WORKS ENDINEERINO = 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 COUNT`, FLORIDA, in compliance with its Ordinance No, 57-30, and as an inducement for acceptance of a proposed final subdivision plat covering the teal property hereinafter described. It is hereby certified that I (we) have examined the complete Abstract of Title completely covering the petiod from the BEGINNING to September b A.D. 19 r 7 , at EQfb:ht}t., inclusive, of the following described real property: 3:30 p. m. (Describe only realty to be subdivided) Lots 19 and 20, in Block "D", of BLSCAYNE PARK TERRACE, according to the Plat thereof, as recorded in Plat Book 2, at Page 36, of the Public R ecords of Dade County, Florida L. Y " 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; Bernice Tatham by reason of a Quit Claim Deed dated December 22, 1971, from TAT CO. , a Florida corporation, as to both Lots 19 and 20, which Quit Claim Deed was filed for record December 31, 1971, under Clerk's File No. 71R-261927, public Records of Dade County, Florida. 111.06-11 - PAGE 1 Subject to the following encuffibrances, liens, and other ekceptions GENERAL Lxctt' 'toNs �► Alt takes 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 ate in possession, 3, Pacts that would be disclosed upon accurate survey, 4, Any unrecorded labor, mechanics' of materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. A certificate from the Office of Dade County Tax Collector, Finance Department, Tax Collection Division of Metropolitan Dade County, certifies that all taxes have been paid through the year 1976. A check of the records reveals that all real property taxes both for the City of Miami and Dade County, Florida, have been paid through 1976. 2. This opinion is subject to the rights of persons other than the title holder who are in possession, if any. 3. This opinion is subject to facts that would be disclosed by an accurate survey and is not based upon a survey as none was furnished. 4. This opinion is subject to unrecorded labor, mechanics or materialmens' liens. 5. This opinion is subject to zoning laws, rules and regulations, ordinances and other restrictions imposed by governmental authority. IOW 111.06-11 - PAGE 2 "SUPPORTIVE DOCUMENTS FOLLOW" r 78'i 2 Therefore it is my (out) opinion that the following patties must join in the platting of the above described teal property in order to grant DAD COUNTY, HLORIDA, and the public, a good and ptopet title to the dedicated areas shown on the final Plat of the aforedesctibed property, the subdivision thereof to be known as $egonia Villas NAME INTEREST SPECIAL EXCEPTION NUMBER Bernice Tatham Fee simple title holder and 1 seller under contract for sale 2 3 CLM Development purchaser under contract Corporation for sale 4 5 "SUPPORTIVE ORTIVE L/V EN TS - FOLLvWyi„ I, the uacrsigned, further certify that I lin an attorney -at -law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. III.06-11 - PAGE 3 Respectfully submitted this 31 st day of October 1977 . NAME ADDRESS A, CHESTER ADNEY :sr t.'..t• SUITE 1105 ,\t::S' 1:i F;U40114G MIC.t„I, f OF $3\ 33132 1 r! 8- 1 6 eit? Or MIAM1, FL8llIbA IN1ER=frrtCE MEMO RANbUM 'rei William E, itte.rkea, l ireetor bAtt: October 28. 1977 PILk: tibllt Works Department it ttiehards L. Post ioeti° °Director Planning beparttnent 3Ubitdt: hEtthENCti: ENCLOSUtitS: Latidstape ttequirei ente 13tOOIVtA VILLAS Tentatives Plat #999 The Planning Department recommends the following landscape treatment One (I) LiveOak (Quercus Virginiana) to be planted itz the parkway along.Secoffee and one (1) LiveOak (Quercus Virgintana) to be planted in the park way along S. W. 22nd Avenue. These trees conform to the following standards. Grade - Florida # 1 or better Height 8 to 10 feet overall 2. The parkway (approximately 5500' square feet) to be planted with solid sod Saint Augustine grass of the most advanced strain. Estimated total cost of landscaping - $I, 575.00 RLF:LYH:so cc: Public Works (2) Plat File (3) Central File (1) "SUPPORTIVE VE DOCUMENTS FOLLOW" » P78-162 EL3 .Aulhoz.ity )Y)i16 noPida )133 Attention: city of Miathi Public Works tepartmeht NAtht or Owntt _ CtJM Development Corp, I i Mailing Address 2833. ird Ave., Miamii. Fla, Property Address Proerty Legal scription tt Ee &On la. Villas") Tenta.tive Plat /999) beir, pD-2 P,esubdivisicn" of Lot 19 20.4 r_?) PiTeavne_...Park Terrace This is to certify that the company indicated below does have a 6 inch water main abutting the sub- ject legally described property, with a1 inch lateral to serve the property. We are willing and able to serve the subject property. Miami-Zode Water & Sewer Authority By ..- Nrne of Utility Company Signature art- L, Atee, Af.-.'stant Contracts ,E"P,„ Narne & Title of Utility Repre1- sentative --""- (Please print above) DATE cat- -Zepresentative k / / This is to certify that the company indicated below does have a ._..11..A_inch water main abutting the sub- ject le -ally described property., with a 1\.„ 1 if-1 __inch lateral to serve the property. We are willing and able to serve the subject property. The anticipated daily sewage flow for this project will be gallons. Miami-I:ade Water :''.! Sewer Author4ty _._ Name of Utihty CC:IT:My Signature of Rcpiesentative Garrett Sloan, nre2ter Mime & Title of Ut:lity Representative (Ple:Lse print above) 1:o7ember 4, DATE Jf the t:tility is uniible to State that a sewer inain esint.-. adjacent to the proposed building r-ite, the applicant must have the following complete by Dade County Pollution Control: APPROVED: Signature ' Date DI (:APPRUV ED: Simature Date 123 C3 ICE 141.V. 2//3 Type of Extension 1. L.S. & F.M. 2. Gravity cxt Serial No Date State Approval No Cotninents "SUPPORTIVE DOCUMENTS FOLLOW" .t, S 4 S t f $ I0 - 26 21 2 5 25 24 23 12 2 1 21 20' S.W. 27 .. .. .. .. .. .. .. .. ,•. .. 1. .. .. , 25 8 ' 3 S 7 9 11 I! 15 - - t - - (n o 44 12 2 4.- .111111110 fUXI LANE r .0100 ECOFFEE 23 22 17 7 I6 15 9 AFFIDAVIT STATE OF FLORIDA CC)u;JTY OF DADE Before me this day personally appeared BERNICE TA►H/\t, who, being duly shorn, deposes and says that she is the owner of the following described property and that it is nottlomestead: Lots 19 and 20 in Block "D" of BISCAYNE PARK TERRACE, according to the Plat thereof, as recorded in Plat Book 2, at Page 36, of the Public Records of Dade County, Florida, Bernice Tatham Sworn to and subscribed before me this 20th day of October, A.D., 1977. iy Commission Expires: 1 No :pry Public, c, State ,of at Large a