Resolution 5437 RESOLUTION 5437
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, VACATING A PORTION
OF THAT CERTAIN STREET KNOWN AS BISCAYNE .AVENUE
AND JRANTING SUCH VACATED PORTION THEREOF TO
THE OWNERS OF RECORD OF THE ABUTTING PROPERTY,
THEIR HEIRS, SUCCESSORS AND/OR ASSIGNS, AND
PROVIDING FOR THE REVERSION CF TITLE THERETO
TO THE CITY OF MIAMI BEACH, UNDER CERTAIN
CONDITIONS:
B. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That that portion of the street known as Biscayne Avenue,
at present encroached upon by certain portions of certain
buildings along the northerly line of Tracts "D" and "E" as shown on
the attached survey sketch prepared by M. B. Garris, Registered
Engineer, a copy of which is made a part hereof and attached hereto,
said Tracts "D" and "E" being more fully described as follows :
"Tract "D"
Beginning at the intersection of the South boundary line
of Biscayne Avenue with the Easterly boundary of Collins
Avenue, Miami Beach, Florida; which point is 352.23' West
of the N.E. Corner of the N.W. Corner of Sect. 10.54. 42,
Dade County, Fla. , thence due East along the South boundary
of Biscayne Avenue and the N. line of the N.W.4 of said
fractional Section 10. 54.42 for a distance of 218.15 feet to
a point. , thence South 13°.09' .00" West parallel to the East
bndy. of Collins Avenue for a distance of 135.55 feet to a
point 132.0' feet south of Biscayne Avenue ; thence due West
along a line 132.0 feet south of and parallel with the south
line Biscayne Avenue for a distance of 218.15 feet to a
point in the Easterly boundary of Collins Avenue ; thence
North 13°.09'00" East along the Easterly boundary of Collins
Avenue for a distance of 135.55 feet to the point of bezinning
of the tract of land herein described" .
"Tract "E"
Beginning at a point of the South Boundary of Biscayne Avenue,
Miami Reach, Florida, and the North line of fractional Section
10.54.42, Dade County, Florida, at a distance of 282.12 feet
Easterly from the intersection of the south line of Biscayne
Avenue, with the East line of Collins Avenue, and 134.08 feet
Westerly from the N.E. corner of the N.W.4 Section 10.54.42.
Thence due East along the south line of Biscayne Avenue as
aforesaid for a distance of 486.0 feet more or less to a
point on the high water mark of the Atlantic Ocean, thence
South meandering the high water line of the Atlantic Ocean for
a distance of 132.0 feet more or less to a point 132.0 feet
south of the south line of Biscayne Avenue as aforesaid; thence
due west along a line 132.0 feet south of and parallel with
the south line of Biscayne Avenue for a distance of 277.8
feet to a point 448.15 feet Easterly from the East line of
Collins Ave . , thence North 68.° 39' .46" West for a distance of
82.45 feet to a point, thence due west, parallel to and 102.0
feet South of the south line of Biscayne Avenue for a distance
of 82.18 feet to a point 282.12 feet Easterly from the East
line of Collins Ave. , thence North 13.°09' .00" East parallel
with the East line of Collins Avenue for a distance of 104.74
feet to the point of beginning of the tract of land herein
described"
be and the same is nereby vacated and the use of said
vacated portion of said street known as Biscayne Avenue
be and the same is hereby granted to the owners of record
of the above described property, shown as Tracts "D" and
9E" as aforesaid, on the date of the passage of this
Resolution, their heirs, successors and assigns, subject
to the proviso hereinafter contained. Provided, however,
that if the portions of said buildings which encroach or
overhang and/or the buildings now on said premises and
covering the above described land is ever moved, demolished,
destroyed by fire or re-built, then the above vacation of
said portion of said street and the grant of the use of
the same shall be immediately revoked, terminated and
absolutely voided without any action on the part of the
City Council of the City of Miami Beach, Florida, and the
said lands above described shall again become a portion
of said street for the public use.
PASSED AND ADOPTED this 18th day of
December, A.D., 1941.
r,ayor�
ATTEST:
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