Resolution 73-14106 •
RESOLUTION NO. 73-14106
WHEREAS the owners of Lots 1 and 2, Block 4, MIAMI BEACH
IMPROVEMENT COMPANY'S AMENDED OCEANFRONT PROPERTY SUBDIVISION
according to the Plat thereof, as recorded in Plat Book 5 , at
Pages 7 and 8 of the Public Records of Dade County, Florida,
have made request of the City Council of the City of Miami Beach,
Florida, that the utility easements less the west and north
10 feet of said easements adjacent to and west of Lots 1 and 2,
together with the 12" water line, the 12" sanitary sewer line,
and the 6" gas line be abandoned, the said owners will pay the
cost of construction estimated at $13,000. 00 to relocate the water
line , $35 ,000. 00 to relocate the sanitary sewer line, or have
constructed a 12" water line and 12" sanitary sewer line to allow
for the abandonment of the easements and pay the cost for relocating
the 6" gas line ; and
WHEREAS the said owners have agreed that they will pay
the cost of construction in advance or that they will have
constructed in advance a 12" water line and a 12" sanitary sewer;
and
WHEREAS the said owners have agreed that they will pay
the cost to relocate the 6" gas line; and
WHEREAS the said owners have agreed to obtain releases
from the gas , telephone, and power companies of any vested rights
in said easements ; and
WHEREAS it has been represented to the City Council that
the said easement is necessary to enable the owner to build on
the herein above described parcel of land; and
WHEREAS the City can abandon a portion of the easement
retaining the west 10 feet of the easement of both lots and the
north 10 feet of easement of Lot 2 for underground utilities ; and
WHEREAS the City Manager and Director of Public Works
have recommended to the City Council that the City Council agree
and consent to the proposal made by the owners as herein set forth
on conditions , however, that the said owners shall pay in advance
the cost of construction or that they will have constructed in
advance the aforementioned water main and storm sewers ; and
WHEREAS the City Attorney has prepared an appropriate
quitclaim deed to be executed by the City of Miami Beach, whereby,
the City releases, remises and quitclaims all its right, title
and interest in and to the said existing easement less the west
10 feet adjacent to Lots 1 and 2 and the north 10 feet of the
easement adjacent to Lot 2, and whereby the owners will construct
or have constructed a water line and sanitary sewer in the portion
of the easement retained;
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 matters and things to be performed by them
as hereinabove set forth, in a manner satisfactory to the City
Director of Public Works , and so certified by him, the City
Attorney shall be then and there authorized to deliver said
quitclaim 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,
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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
construction and exchange of easements as hereinabove set forth.
PASSED AND ADOPTED this 5th day of September, 1973.
0)1\Aje) 1°—°(i2t°
Mayor
Attest :
Acting City Clerk
(SEAL)
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