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73-13949 RESOLUTION NO.73-139+9 WHEREAS , the owners and parties of interest of Lot 6 and Lot 12, Block 55, ORCHARD BEACH SUBDIVISION 2 and 3, Recorded in Plat Book 8, page 116 of the Public Records of Dade County, Florida, have made request of the City Council of the City of Miami Beach, Florida that a certain five-foot easement granted to the City of Miami Beach for public utility purposes in the south five feet of Lot 6 , less the east and west five feet thereof, and the easement on the north five feet of Lot 12 be abandoned, and that in consideration of such aban- donment by the City that the said owners and parties of interest will dedicate to the City of Miami Beach a five foot easement for like and identical uses and purposes on the west five feet; and on the east five feet; and on the south 10 feet of said Lot 12, Block 55, and WHEREAS , the said owners and parties of interest have agreed that they will pay the cost of construction, or have con- structed a transformer vault and its appurtenances as required by the Florida Power and Light Company as set forth in its letter dated January 11 , 1973 and to reimburse the Peoples Gas System, Inc. for any and all costs of relocating existing gas facilities in the said proposed new easement, and WHEREAS , the City Manager and the Director of Public Works did recommend to the City Council that the City Council agree and consent to the proposed exchange of easements for the fulfillment of the conditions hereinabove set forth and upon the grant of a suitable proposed new easement, and WHEREAS , the City Attorney has prepared an appropriate quit-claim deed to be executed by the City of Miami Beach and an appropriate grant of easement to be executed by the owners of said land, whereby the City releases , remises and quit-claims all its right, title and interest in and to the said existing easement, and whereby the owners grant the City of Miami Beach a new easement as hereinabove described, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that upon the performance by the owners of the matter and things to be performed by them as hereinabove set forth, in a manner satisfactory to the City Direc- tor of Public Works , and so certified by him, the City Attorney shall be then and there authorized to deliver said quit-claim deed to the said owners , their heirs and assigns , and to duly record the said grant of easement in the Public Records of Dade County, Florida, and that upon the fulfillment and performance of all the matters and things hereinabove set forth, the City Council shall then and thereafter, by its resolution, duly authorize the return of any sums deposited with the City by the owners , in excess of that required to accomplish the relocation and exchange of ease- ments as hereinabove set forth. PASSED and ADOPTED this 7th day of March, 1973. GAAA4)31- 6;Ler Mayor Attest: 4?<Wkir/(A-^R,Cd‘ . City Cl rk-Finance Director )61 P "l I )21)-(51;,- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139