HomeMy WebLinkAboutR-75-0650a
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3675
RESOLUTION NO. 75 550
A RESOLUTION ACCEPTING T"1#S PLAT ENTITLED
MICANOPY WOODS A SUBDIVISION IN THE CITY
GP MIAMI, PLGRIDAI ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT AUTHORIZING THS CANCELLATION
OP THE AGREEMENT BETWEEN EMIL J. GOULD AND THE
CITY OP MIAMI POR IMPROVEMENTS AT WEBSTER
SUBDIVISION AUTHORIZING THE RELEASE OP THE
COVENAmT POSTPONING THE COMPLETION OP CERTAIN
IMPROVEMENTS AT WEBSTER SUBDIVISION AND ACCEPT-
A NEW COVENANT TO RUN WITH THE LAND POSTPONING
THE IMMEDIATE CONSTRUCTION OP SIDEWALK, 'CURB AND
GUTTER, PULL WIDTH PAVEMENT AND THE REMOVAL OP A
DECORA'TlVE WALL; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE
PLAT; AND AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND DELIVER A OUIT CLAIM DEED
CONVEYING TO THE OWNER THAT AREA ABUTTING THE
EAST PROPERTY LINE OF LOT 1 OP WEBSTER SUBDIVISION
(99-96) PREVIOUSLY DEDICATED BY SAID PLAT.
WHEREAS, the City Zoning Board and
the Department of Public Works have recommended the acceptance
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of the Plat entitled MICANOPY WOODS;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
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OF THE CITY OF MIAMI, FLORIDA:
19 Section 1. The Plat entitled MICANOPY WOODS, being
20 a resubdivision of Block 1 WEBSTER SUBDIVISION (99-96) in Section
2115, Township 54 South, Range 41 East, City of Miami, Dade County,
Florida, which by reference is made a part hereof as if fully
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26 Section 2. Except for the construction of those
27 improvements provided for in the Agreement entered into between
28 the Owner and the Director of the Department of Public Works on
incorporated herein and the dedications as shown thereon together
with all existing and future plantings, trees and shrubbery on
said property, to the perpetual use of the public, be andthe
same are hereby accepted and confirmed by the City of Miami, Florida.
29 behalf of the City of Miami, Florida, dated June 24, 1975, the
requirements of Chapter 54, Section 54-20, Code of the City of
Miami, Florida and State law as to improvements to be made in
subdivisions will hereby expressly be waived.
"DOCUMENT INDEX
ITEM NO,
CITY COMM1SSfQN
MEETING OF
JUL 1 71975
RESOWTnOn NU...%5''4P 1
REMARKS
Section 3. The agreement i etweeii Emil J. Could and
the City of Miami for improvements at WEIMER Sti$t 1VISION is hereby
cancelled.
Section 4. The Covenant to Run With the Land postponi
the completion of certain improvements at WEBSTER SUBDIVISION is
hereby released.
Section 5. The Covenant to Run With the tend
9 executed by Housing Engineers of Florida, Inc. postponing the
10 i►ediate construction of sidewalk, curb and gutter, full width
11 pavement and the removal of a decorative Wa11 until such time as
12 required by the Department of Public Works of the City of Miami be,
and the same is hereby accepted and the proper officials of the City
of Miami are hereby authorized to record said Covenant after the
plat has been recorded in the Public Records of Dade County, Florida.
Section 6. The City Manager is directed to execute
16 and deliver a Quit Claim Deed conveying all that area abutting the
17 east property line of Lot 1 of WEBSTER SUBDIVISION (99-96) as
18 dedicat ed to the City of Miami by the platting requirements thereof,
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to and in favor of Housing Engineers of Florida, Inc., c/o Dennis
I. Gould, 35 N.E. 40th Street, Miami, Florida 33137.
PASSED AND ADOPTED this 17 day of
ATTE6T:
H. D. Southern -`
CITY CLERK
26 PREPARED AND APPROVED BY:
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MICHEL E. ANDERSON
28 Assistant City Attorney
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July
Maurice A. Ferre
1975.
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APPROVED AS OVQ41TJI?4
RM NDCOEC S:
_2%
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S. LLOYD
ity Attorney
MAYOR
1N-.r'-r..)F'FiCr I:7 fi9 4,'1 i7Ui�t
P. W. Andrews
City Manager
Vincent E iispl'n-- ' + r.
' Divert r 1 z=-
.."beparttert of le Works
Jute 2t, 175
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a.dat trai
Resolution Accepting (Proposed
Record Plat Entitled MLCAN0PY
WOODS Mitanopy Ave. and
Coacoothee St.
The subject plat is a replat of t BSTER SUBDIVISION. The purpose for
replotting the property was to relocate the existing cul-de-sac and
to acquire an additional ten feet of property on Coacoothee Street,
This additional ten -foot strip was created when this street was re-
zoned from fifty feet to thirty feet. A quit claim deed was prepared
conveying the City's interest in this strip to the owner of the prop-
erty platted.
As requested by the owner, the Department of Law prepared a special
Agreement that would allow the Performance Bond for the WEBSTER SUBDI-
VISION to guarantee the completion of the improvements covered in the
standard Agreement for MICANOPY WOODS.
The property platted is zoned R-1 and is divided into four residential
building sites.
The attached detailed report from the Department of Public Works recom-
mends 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, Florida:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Form of Resolution accepting the Plat
Print of proposed Record Plat
Agreement form pertaining to subdivision improvements
Special Agreement
Covenant postponing immediate construction of certain
sT }•�d_v Sion Th ovemen s
Opinion of Title
Memorandum from the Department of Planning pertaining to
landscaping 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
Quit Claim Deed for the conveyance by the City
VEC:CAJ:jt
Tat CITY OF MIAMI s FLORIDA
DEPARTMENT OF PV8L1C WORKS
dun 26 s 975
REPORT OF PROPOSED RECORD PLAT OF
MICANOPY WOODS
A SUBDIVISION IN Tat CITY OF MIAMI, FLORIDA
LOCATED AT MICANOPy AVE, AND COACOOCHEE BT.
The accompanying Plat entitled MICANOPY WOODS was prepared by
Biscayne Engineering Company. 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 located on the southerly corner of
Micanopy Avenue and Coacoochee Street. The purpose of this
plat is to reduce the width of Coacoochee Street to the
recently zoned 30-foot width. It has four platted lots and
is 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 B. Mohr, Registered Land Surveyor,
this Plat complies with the plat filing laws of the State of
Florida.
(4) By authority of Resolution ZB31-75, adopted March 17, 1975,
the Plat was recommended for acceptance by the City Zoning
Board of Miami, Florida.
(J)
The attached Certificate of Title Examination dated April 29,
1975, signed by Brian M. Mark, Attorney, indicates that the
fee simple title to the property platted, formerly known as
WEBSTER SUBDIVISION, is correctly vested in HOUSING ENGINEERS
OF FLORIDA, INC., a Florida corporation. This Opinion does
not include the 10-foot strip abutting Coacoochee Street
which will be conveyed to the owner by a Quit Claim Deed
from the City. The Plat has been correctly executed by the
HOUSING ENGINEERS OF FLORIDA, INC.
Page 1 of 2
eitt
(8) The area platted it encumbered by .a mortgage and the
mortgage holder hat executed the plat and Wiled in Its
dedications.
(7) A special Agreement tis prepared by the Department of Law
authorizing the acceptance of the Performance Bond in the
amount of $175600.00 executed by Emil J. Gould as princi-
pal and the Continental Casualty Company for WEBSTER SUB-
DIVISION to guarantee the completion of the improvements
at NICANOPY WOODS
The resolution accepting this plat will cancel the Agree-
ment between Emil , . Gould and the City of Miami for im-
provements at WEBSTER SUBDIVISION and accept a new Agreement
executed by HOUSING ENGINEERS OF FLORIDA, INC. that will
guarantee the completion of the followingimprovements:
asphaltic concrete or brick pavement, removal of existing
pavement, grading and shaping street shoulder, two drain-
age structures, relocation of 13 trees, onesnch asphalt
overlay, concrete grass pavers and landscaping.
(8) The covenant postponing the completion of certain subdivi-
sion improvements at WEBSTER SUBDIVISION will be cancelled
and a new covenant accepted postponing the immediate con-
struction of sidewalk, curb and gutter, full width pavement
and the removal of a decorative wall will be recommended
for acceptance by the Commission.
(9) Fill and permanent type bulkhead will not be required. Sani-
tary sewers and water mains and appurtenances have been pre-
viously placed and accepted.
(10) The location of the property is shown colored in red on the
accompanying copy of a portion of City of Miami, Florida,
Atlas Sheet No. 43.
(11) The attached Form of Resolution has been prepared for the
acceptance of the Plat by the City Commission of Miami,
Florida.
CAJ:jt
Cyrus A. Jordan
Page 2 of 2
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COVENANT ,m0 _RUN_,WI'PH_ . THE • ,LAND
WHEREAS, HOUSING ENGINEERS OF FLORIDAs INC., a Florida corpora.-
tion, (hereinafter referred to as "thg 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 MICANOPY WOODS as recorded in Plat
Book/OA , at Page 97 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 Chapter 54, Section 54-20 of THECODE OF THE
CITY OF MIAMI, FLORIDA, requires the OWNER to construct or cause to
be constructed at no expense to the CITY, the following improvements
on the streets and cul-de-sac: sidewalk, curb and gutter, and full
width pavement. Removal of decorative wall constructed within the
right of way shall also be required; and
WHEREAS, the OWNER asks to be relieved of his obligation to
construct the aforementioned improvements at this time, and in
consideration of the forbearance of the CITY he agrees with the CITY
that he will at his own expense construct the aforementioned improve-
ments at such time in the future as he is notified by the CITY that
the aforementioned improvements are necessary or desirable;
NOW, THEREFORE, in consideration of the agreements 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 on the street right
of way abutting the aforesaid subdivision, upon thirty (30) days
written notice from the Director of the Department of Public Works
of The City of M emi, Florida, addressed to the OWNER at 35 N. E.
40 Street, Miami, Florida 33137
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 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.
IN WITNESS WHEREOFs the OWNER has caused these presents to be
executed and signed in its name by its proper officers, and its corporate
seal to be affixed hereto and attested to by its Secretarys this 2!.th
day of June A,Ds s 1975,
Signeds Sealed and Delivered
in the Presence of: HOUSING ENGINEERS OFORSA INC
/fitness
rJ
Witness
1 1.
, Witness
Witness
THIS INSTRUMENT EXECUTED PURSUANT
TO RESOLUTION NO. 75-650
PASSED AND, ADOPTED July 17, 1975.
STATE OF FLORIDA
COUNTY OF DADE
)
Secret .ry
CORPORATE SEAL
I HEREBY CERTIFY that on this 24th day of June A.D., 1975,
before me personally appeared Dennis I. Gould and Estelle Gould
Vice -President and Secretary, respectively of
HOUSING ENGINEERS OF FLORIDA, INC., a Florida corporation, a corporation
under the laws of the State of Florida, to me known to be the persons
who signed the foregoing instrument as such officers and severally
acknowledged the execution thereof to be their free act and deed as such
officers for the uses and purposes therein mentioned and that they
affixed thereto the official seal of said corporation, and that the said
instrument is the act and deed of said corporation.
WITNESS my hand and official seal at Miami, County of Dade;tlif.ild,fr�
State of Florida, the day and year last aforesaid.
My Commission Expires:
Notary Public; State of 11.or'•ida ate?La ge
-ifrlFATt C• k..
APPROVED AS TO FORM & CORRECTNESS
,<1./,I _ : -
City Attorney _04,:_
This Instrument Prepared by
Michel E. Anderson, Esq.
Ci tybDep&ri eof Law
Giy oMiami,-
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