HomeMy WebLinkAboutR-88-0022J-88-49
1/8/88
RESOLUTION NO.Eij�-;�
A RESOLUTION RESCINDING RESOLUTION NO. 84-324
WHICH ACCEPTED TENTATIVE PLAT No. 1198
ENTITLED "LEVI'S ACRE," A SUBDIVISION IN THE
CITY OF MIAMI, AND FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO PAY THE AMOUNT
OF $2,900.00, REPRESENTING THE AMOUNT OF THE
FORFEITED BOND FOR IMPROVEMENTS, TO THE
PROPERTY OWNERS, SPIKE AND ELIZABETH VON
ZAMFT SUBJECT TO THE EXECUTION OF A
RECORDABLE RELEASE AND HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, the Tentative Plat No. 1198 of "Levi's Acre," was
recommended for acceptance by the Department of Public Works on
February 29, 1984, and
WHEREAS, the City Commission adopted Resolution No. 84-324
e on March 29, 1984, accepting the Tentative Plat No. 1198 entitled
"Levi's Acre," 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, due to financial hardships and other extenuating
circumstances, Property Owners have not preceded with recordation
of the Plat by Dade County; and
WHEREAS, the property owner, due to said financial hardships
-- and other circumstances, has further determined it no longer
desires to go forward with the recordation of the plat and has
requested the City rescind Resolution No. 84-324 and further
requested a return of the $2,900.00 Subdivision Improvements
Bond, and
WHEREAS, the City Commission has determined that fairness
and justice demand a return of said subdivision improvement bond.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
JAN 14 1988
)N No. ` 22
Section 1. Resolution No. 84-324 executed on
March 29, 1984 is hereby rescinded in its entirety.
Section 2. The dedications accepted pursuant to
Resolution 84-324 are also revoked.
Section 3. The City Manager is hereby directed to refund
the amount of $2,900.00 from the General Funds to the property
owners upon receipt of a recordable and duly executed release and
hold harmless and indemnification agreement in a form acceptable
to the City Attorney.
PASSED AND ADOPTED this 14th day of anuary 98$.
ATTEST:~
XAVIER b. SUtVZ, Mayor
MA*HI
City Clerk
PREPARED AND APPROVED BY:
%*00% w&.
G. MIRIAM MAER
Assistant C' y Attorney
APPROVED S O FORM AND CORRECTNESS:
L A -A; DOUG
C ty Attorney
GMM/rclA4601
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CITY OF MIAMI. FLORIDA
26
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odi
City Manager
RECOMMENDATION:
DATE: �iil�i 5 FILE:
SUBJECT Resolution Rescinding
Tentative Plat #1198 -
"Levi's Acre"
REFERENCES:
ENCLOSURES: `For Commission Meeting
of January 14, 1988)
It is respectfully recommended that the City Commission adopt the
attached resolution rescinding Resolution No. 84-324 which
accepted Tentative Plat No. 1198 entitled "Levi's Acre," a
subdivision in the City of Miami, and further authorizing and
directing the City Manager to pay the amount of $2,900.00,
representing the amount of the forfeited bond for improvements,
to the property owners, Spike and Elizabeth Von Zamft subject to
the execution of a recordable release and hold harmless and
indemnification agreement in a form acceptable to the City
Attorney.
BACKGROUND:
Tentative Plat No. 1198 of "Levi's Acre," was recommended for
acceptance by the Department of Public Works on February 29,
1984.
The City Commission adopted Resolution No. 84-324 on March 29,
1984, accepting the Tentative Plat No. 1198 entitled "Levi's
Acre," 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.
Due to financial hardships and other extenuating circumstances,
Property Owners have not preceded with recordation of the Plat by
Dade County.
The property owner, due to said financial hardships and other
circumstances, has further determined it no longer desires to go
forward with the recordation of the plat and has requested the
City rescind Resolution No. 84-324 and further requested a return
of the $2,900.00 Subdivision Improvements Bond.
The attached resolution is the formal recision of the City
Commission action, resolution No. 84-324, approving the above
plat.
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