HomeMy WebLinkAboutR-88-0023J-88-50
12/14/87
RESOLUTION NO. ` -- 3
A RESOLUTION ACCEPTING THE PLAT ENTITLED HUME
TRACT, A SUBDIVISION IN THE CITY OF MIAMI;
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
ACCEPTING THE COVENANT TO RUN WITH THE
LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF
CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS; 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.
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, FLORIDA:
Section 1. The plat entitled HUME TRACT is replat of all of
Lots 159, 160, 162 and the North 23 feet of Lot 161, "UTOPIA",
according to the Plat thereof, as recorded in Plat Book 8, Page 94,
of the Public Records of Dade County, Florida, all lying in the
N.W. 1/4 of the N.E. 1/4 of Section 29, Township 54 South, Range 41
East, City of Miami, Dade County, Florida, which subject plat, by
reference is made a part hereof as if fully incorporated herein and
which plat, together with the dedications shown thereon, and the
dedications to the perpetual use of the public of all existing and
future planting, trees and shrubbery on said property, is hereby
accepted and confirmed by the City of Miami, Florida.
Section 2. The Covenant To Run With The Land executed by
David Hume and Betty Ford Hume, postponing the immediate
construction of full width improvements on Ventura Avenue and
LeJeune Road 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.
CITY COMMISSION
MEETING OF
JAN 14 ms
KS:
I
Section 3. The City Manager and City Clerk are hereby
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Dade County, Florida.
PASSED AND ADOPTED this 14th day of JanHry 1988.
ATTEST
PREPARED AND APPROVED BY:
kmk&
ASSISTANT CITY ATTORNEY
WAAM
�:Ie�:1 ��I:���YIliN*'4�►
APPROVE S TO FORM AND
CORREC N S:
GlA A. UUUb K11
TY ATTORNEY
Page 2 of 2
98-23
1
CITY OF MIAM1. FLORIDA 8
INTER -OFFICE MEMORANDUM
TO.Honorable Mayor and Members DATE: JAN 5 Jr; U3 FILE
of the City Com ion
SUBJECT HUME TRACT SUBDIVISION
Resolution Accepting
Cesar H. Proposed Record Plat
FROM: 9dio Located on LeJeune Road
CityManager REFERENCES: and Ventura Avenue
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat Hume Tract and approving recording
the same in the Public Records of Dade County, Florida.
BACKGROUND:
The Department of Public Works has reviewed this plat, and has
determined that it is now in order for acceptance by the City
Commission.
The proposed record plat entitled Hume Tract is replat of all of
Lots 159, 160, 162 and the North 23 feet of Lot 161, "UTOPIA",
according to the Plat thereof, as recorded in Plat Book 8, Page
94, of the Public Records of Dade County, Florida, all lying in
the N.W. 1/4 of the N.E. 1/4 of Section 29, Township 54 South,
Range 41 East, City of Miami, Dade County, Florida. The area
platted consists of two (2) Lots. It is zoned RS-2/2.
Also attached are the following itemized papers necessary to
present the Plat to the City Commission:
(1) Resolution accepting the Plat
(2) Engineering Report
(3) Print of proposed Record Plat
.98-23
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
December 16, 1987
REPORT OF PROPOSED RECORD PLAT OF
HUME TRACT
Located on Ventura Avenue
And Rockerman Road
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled HUME TRACT was prepared by J.
H. MANUCY, INC. 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 replat of all of Lots 159, 160, 162
and the North 23 feet of Lot 161, "UTOPIA", according to the
Plat thereof, as recorded in Plat Book 8, Page 94, of the
Public Records of Dade County, Florida, all lying in the N.W.
1/4 of the N.E. 1/4 of Section 29, Township 54 South, Range 41
East, City of Miami, Dade County, Florida. The area platted
consists of two (2) Lots. It is zoned RS-2/2.
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 J. H. Manucy, Registered Land Surveyor,
this Plat complies with the plat filing Laws of the State of
Florida.
4. The Certificate of Title Examination dated December 3, 1987,
signed by Charles C. Papy,III, Attorney, indicates that the
fee simple title to the property platted is correctly vested
in David Hume and Mary E. Hume A/K/A Betty F. Hume, his wife,
and the Plat has been correctly executed.
S. The area platted is encumbered by a mortgage and the mortgage
holder has executed the Plat and joined in its dedications.
Page 1 of 2
RA-23
6. In accordance with the requirements of Chapter 54, of The Code
of The City of Miami, Florida, a Letter of Credit # L/C 19039
in the amount of $1,500.00 has been executed by David and
Betty Hume, Principal and Sun Bank. This Letter of Credit
will accompany the Agreement between the City of Miami,
Florida and the Principal to guarantee the construction of new
concrete sidewalk and the removal of a Ficus Hedge and Palm
Tree from the Right -of -Way at the property platted.
7. Since there is no full width improvements on Ventura Avenue
and LeJeune Road in the vicinity of the property platted, it
is recommended that a covenant be accepted postponing the
immediate construction of these improvements until the area is
more fully developed.
S. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
CITY SURVEYOR
RB:is
s
Page 2 of 2
R8-23
1
i
METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING - 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 COUNTY, FLORIDA, in compliance with the Crdinance No. 57-3^, gin-: 3s 3n
inducement for acceptance of a proposed final subdivision plat the
real property hereinafter described. It is hereby certified rh3t I (we) have
examined the complete Abstract of Title completely covering the period from
the BEGINNING to October 28 A.D. 19 87, at 8:00 A.M., inclusive,
of the following described real property:
(Describe only realty to be subdivided)
All of Lots 159, 160, 162 and the North 23 feet of Lot 161, in UTOPIA
according to the Plat thereof, as recorded in Plat Book 8, Page 94 of
the public records of Dade County, Florida.
-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:
DAVID HUME and MARY E. HUME, a/k/a BETTY F. HUME and BETTY FORD HUME,
his wife.
111.06-11 - PAGE 1
98-23
i
Subject to the following ^Ii'uit�I �nrec, liens, and other
GENERAL EXCEPTIONS:
1. All taxes fcr 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 are in Fossession.
3. Facts that would Le disclCsed upc,n accurate curve.;.
4. Any unrecorded labor, mechanics' or materi3lmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Restrictions and easements contained in Plat of Utopia, Plat Book 8,
at Page 94, public records of Dade County, Florida.
2-That certain mortgage between CITICORP SAVINGS OF FLORIDA, as executed
by DAVID HUME and BETTY HUME, Husband and Wife, recorded August 25,
1986, in Official Records Book 12997, Page 1916, in the original principal
amount of $200,000.00, public records of Dade County, Florida.
e
111.06-11 - Page 2 98-23
okk
Therefore It i5 -v —ni -n 1;,]t tII- f,11Il'e' !I • 7r '7t1,;t join
in the platting or the al:u ,� desc•riLel i �1.aI Fropert,, in order i:r3rit LADE
COWITY, FLORIFA, and the public, a vood and r-rcrer title to `_h- -,Jicated areas
shown on the final Plat of the aforeiescribed propert?Y, the suLdivinion thereof
to be known as
THE HUME TRACT
tIA??E INTEFE"T F'1*F:CIA1, F'XCEFTIOiI
IIUMPER
CITICORP SAVINGS OF FLORIDA Mortgage Holder
2
I. the dndersigned, further certify that I am an attorney -at -law duly
admitted to practice in the State of Florida, and am a member in good standing
of the Florida Bar.
Opinion updated on December 3/87 Respectfully miday
of Nov-. - 19 7
ob
-- . /Y
Peter N. Weiner NAME
Papy, Weissenb n & Papy
��� `( ��I� �: r i; FrJ 6 �a►J ' C �.� `( 201 Alhambra Circle, Suite 502
ADDRESS
111.06-11 - PAGE 3 98—Aw;
AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5
THE CODE OF THE CITY OF IIIAMI, FLORIDA
WHEREAS, David Hume and Betty Ford [fume
(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
"IfUME TRACT" a copy of which proposed
plat is attached hereto and made a part hereof as Exhibit "A";
and
WHEREAS, Chapter 54, Section 54-30 and Chapter 54.5, 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, Letter of Credit or Cashier's Check;
NOW, THEREFORE, the Owner hereby covenants and agrees with
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 expense and in accordance with standard specifications of
said City, all improvements as are listed and described upon the
estimate of cost of said improvements, a copy whereof is attached
hereto as Exhibit "B" and made a part hereof. Although one year is
allowed for the completion of the aforementioned improvements, it is
Form PW #178 Rev 7/86
98-23
14 1*
not in the public interest that such construction work should be
prolonged to the extent that it would have a disorganizing 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 reason-
able length of time as determined by the Department of Public Works,
2. In accordance with the provisions of said Chapter 54,
Section 54-30 and Chapter 54.5 THE CODE OF THE CITY' OF MIAMI, FLORIDA,
the Owner herewith tenders to the City a Letter of Credit duly executed
by the (Bank) sun Bank /Miami N.A. , in the amount
of $ 1,500.00 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 twenty-six (26%)
percent for engineering and contingent costs and damages, and upon
completion of the construction of said improvements and subsequent.to
the submission by the Owner 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, said Letter of Credit shall be released.
3. In the event the Owner shall fail or neglect to fulfill his
obligations under this Agreement, the conditions of said Letter of
Credit shall be such that the (Bank) sun Bank/Miami N.A.
shall, within thirty (30) days after receipt of written notice from the
Director of the Department of Public Works of said City of the failure
or of the neglect of the Owner to perform this Agreement, construct, or
cause to be constructed, the improvements set forth in Exhibit "B"
hereof, pay to the City a sum up to the aggregate amount of $ 11500.00
4. The City shall have the right to collect the sum estimated to
construct or complete the improvements set forth in Exhibit "B", said
sum to be estimated by the Department of Public Works of the City,
which shall include engineering and contingent costs and any damages
direct or indirect, not to exceed twenty-six (26%) thereof, plus
reasonable attorneys' fees which the City may sustain on account of
the failure of the Owner to carry out and execute the provisions of this
Agreement; provided further that the City Commission of Miami, Florida,
shall have the right to construct, or cause to be constructed, after
98--23
public advertisement and receipt of bids, the improvements as
provided for in said Agreement, and in the event that the City
Commission of Miami, Florida exercises such right, it shall have the
right to collect the final total costs of said improvements, together
with any engineering and contingent costs, and any damages direct
or indirect, not to exceed twenty-six (26%) percent thereof, plus
reasonable attorneys' fees, which the City may sustain on account
of the failure of the Owner to carry out and execute the provisions
of this Agreement. Said Letter of Credit is attached hereto as
Exhibit "C" and made a part hereof by reference.
w3-z3
114 4
IN WITNESS WHEREOF, the Owner h;T caused this Agr ment to
be executed in triplicate this day of
A.D., 19
Signed, Sealed and Delivered
in the Presence of:
"A
Owne
SEAL)
SEAL)
SEAL)
(SEAL)
(SEAL)
(SEAL)
Approved and accepted on behalf of the City of Miami, Florida,
this _ day of SA.D. , 19V.
Q�OLM
Depart=t of Public Works
WITNESSES:
.10;fo, 4�-
�---
Form P41 #178 Rev 8/ 77 919--23
f- a
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to administer oaths
and take acknowledgments, David Eiume and Betty Ford Hume
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that they
executed the same freely and voluntarily for the purpose therein expressed.
Dade
this 4 th
WITNESS my hand and official seal at Miami
County of Dade and State of Florida
day of December A.D. 19 87.
My Commission,ExpieS�:
notary t'a�'.:�.. ,, .,: � . • ,
My Cc, Inr.a:_
Form PW #236 Rev. 5/69
i
g8-°23
11
V
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEE HE CITY OF MIAMI, FLORIDA
and
DAVID HUME A BETTY FORD HUME
FOR IMPROVEMENTS AT
HUME TRACT
Located at Ventura Avenue A LeJeune Road
NEW CONCRETE SIDEWALK
Approximately 390 Square Feet
REMOVE FICUS HEDGE FROM R/W
Approximately 60 Linear Feet
REMOVE PALM TREE FROM R/W
Approximately 15 feet in Height
ESTIMATED COST OF IMPROVEMENTS
(10%) CONTINGENT
(17%) ENGINEERING AND INDIRECT COSTS
TOTAL
AMOUNT OF LETTER OF CREDIT
E 780.00
S 300.00
S 50.00
$ 1,130.00
113.00
211.00
1,454.00
3 1,500.00
98-23
COVENANT TO RUN WITH THE LAND
WHEREAS David Hume and Betty ford Hume
(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 4. Hume Tract
(Currently Lots 159,160,162 and no 23 ft of as recorded in
lot IGI,Utopla -
Plat Book at Page 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 54.30 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 improvements within the area and/or on the streets
abutting said subdivision.
'F61'1 width improvements (Sidewalk,gutter;•curb,p&vement
and draihage'on Ventura and'LeJeune
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
improvements
at such time in
the future as he is notified by the
CITY that the
aforementioned
improvements are necessary or
desirable:
f�8-23
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 right -of -war abutting the
aforesaid subdivision, upon thirty (30) days written notice from
the Director of Public Works of the City of Miami, Florida,
addressed to the OWNER, at 4180 Ventura Avenue
Mi atni � V1 III
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 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 form 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 of 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 cons-
truction cost shall be declared and extablished as a lien on the
property of such defaulting 014NER and enforced as any lien for
materials furnished and work and labor done, as provided under
the Statutes of Florida.
- 2 -
IN WITNESS WJREREOF the OWNER
to be executed this day of
Signed, Sealed and delivered OWN
in the Presence of: ,
ATT ST:
A sect ary
(Co ora a Seal)
ATTE5FT :
ecr ary
rate Seal)
THIS INSTUMENT WAS
PREPARED BY:
caused this agreement
A.D. , 19 u �.
I (SEAL)
`(SEAL)
U (SEAL)
(SEAL)
(SEAL)
(SEAL)
APPROVED AS TO FORM AND
LEGALITY:
- 3 -
City Attorney
98-23
I
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to administer oaths
and take acknowledzments, David }fume and Betty Ford Hume
to me well known to be the person(s) described herein and who executed
the foregoing instrument, and acknowledged before me that they
executed the same freely and voluntarily for the purpose therein expressed.'
WITNESS my hand and official Seal at Miami
County of Dade and State of Florida
this 4th day of December A.D. 19 87
Notary Public
My Commigston Exp�:
Form PW 0236 Rev. 5/69
'� q -1