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RESOLUTION NO. NN` 21
A RESOLUTION RESCINDING RESOLUTION
NO. 85-1252 WHICH ACCEPTED
TENTATIVE PLAT NO. 1256 ENTITLED
"DEGARMO ESTATES," A SUBDIVISION IN
THE CITY OF MIAMI; AND FURTHER
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO PAY THE AMOUNT OF
$19,500, REPRESENTING THE AMOUNT OF
THE BOND FOR IMPROVEMENTS, TO THE
PROPERTY OWNERS, SUBJECT TO THE
EXECUTION OF A RECORDABLE RELEASE
AND HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORIJEY.
WHEREAS, the Tentative Plat No. 1256 of "Degarmo Estates"
was recommended for acceptance by the Department of Public Works
on or about November 7, 1985; and
WHEREAS, the City Commission adopted Resolution No. 85-1252
on December 19, 1985, accepting the Tentative Plat No. 1256
entitled "Degarmo Estates," accepting the dedications shown on
said plat and 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 Dade County, Florida; and
= WHEREAS, the Property Owner has not proceeded with
recordation of the Plat by Dade County; and
WHEREAS, the Property Owner has determined it no longer
desires to go forward with the recordation of the plat and has
requested the City rescind Resolution No. 85-1252 and further
requested a return of the $19,500 Bond for Subdivision
Improvements, and
0
WHEREAS, the City Commission has determined that fairness
and justice demand recision of prior action and a return of said
bond for subdivision improvements;
CITY COMMISSION
MEETING OF
JAN 14 1985
RB-'
ON No. 0
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIO?l OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Resolution No. 85-1252 executed on December 19,
1985 is hereby rescinded in its entirety.
Section 2. The dedications accepted pursuant to Resolution
85-1252 are also revoked.
Section 3. The City Manager is hereby directed to refund
the amount of $19,500 from the Deposits Refundable Subsidiary
Account to the property owner, Degarmo Estates Corporation, upon
receipt of a recordable and duly executed release and hold
harmless and indemnification agreement in a form acceptable to
the City Attorney.
PASSED AND ADOPTED this 14th day ' January 1988.
ATTE •
AM I &RAI in�
CITY CLERK
PREPARED AND APPROVED BY:
J� t tk aqj\'-C;�1' - — - -
ASSISTANT CITY ATT0 NEY
APPROVE,K AS TO FORM AND CORRECTNESS:
. a n . vvvu
C Y A TORN EY
M A T U
- 2 -
25
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
it
TO. Honorable Mayor and Members DATE: JA II 51988 ME:
of the City Commission
SUBJECT: Resolution Rescinding
Tentative Plat #1256
"Degarmo Estates"
FROM: Cesar H• O d REFERENCES:
City Managei ENCLOSURES: (For Commission fleeting
of January 14, 1988)
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution rescinding resolution No. 85-1252 which
accepted Tentative Plat No. 1256 entitled "Degarmo Estates," a
Subdivision in the City of Miami, and further authorize and
direct the City Manager to pay the amount of $19,500,
representing the amount of the bond for improvements, to the
property owners, subject to the execution of a recordable release
and hold harmless and indemnification agreement in a form
acceptable to the City Attorney.
BACKGROUND:
The Tentative Plat No. 1256 of "Degarmo Estates" was recommended
for acceptance by the Department of Public Works on or about
November 7. 1985.
The City Commission adopted Resolution No. 85-1252 on December
199 1985, accepting the Tentative Plat No. 1256 entitled "Degarmo
Estates, " accepting the dedications shown on said plat and
authorizing and directing the C-i ty Manager and City Clerk to
execute the plat and providing for the recordation of said plat
in the Public Records of Dade County, Florida.
The Property Owner has not proceeded with recordation of the Plat
by Dade County.
The Property Owner has determined it no longer desires to go
forward with the recordation of the plat and has requested the
City rescind Resolution No. 85-1252 and further requested a
return of the $19,500 Bond for Subdivision Improvements.
At the
City
Commission meeting of December 10, 1987,
the Property
Owner
requested
that the Commission withdraw their
approval of
the plat.
The Commission granted the request of
the Property
Owner,
and
the attached resolution is the formal
recision of
their
prior
action, Resolution No. 85-1252.
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