Resolution 5449 RESOLUTION NO.5449
WHEREAS Harry Koretzsky is the owner of Lot 7, Block 29
of "FISHER' S FIRST SUBDIVISION OF ALTON BEACH", and Harry Sirkin
is the owner of Lot 6, Block 29 of said subdivision, and have
requested of the City of Miami Beach permission to omnstruct a
groyne on the boundary line between said Lots 6 and 7, which said
request is embodied in their letter dated January 21, 1942, which
reads as follows:
Miami Beach, Florida
January 21, 1942
City of Miami Beach,
Miami Beach,
Fla.
Gentlemen:
This is to confirm our understanding with reference to
the contemplated groyne to be built on the boundary
line between Lots 6 and 7, block 29 Fisher' s let, Alton
Beach Subdivision, Miami Beach, Florida.
It is our distinct understanding that the City of Miami
Beach is not waiving any of its rights if any they have,
to any land lying east of the aforementioned lots, a
portion of which is shown as a thirty foot strip lying
immediately east of the aforementioned lots and the
balance of said land is shown as lying between said
thirty foot strip and the Ocean, said lots and land
are shown on Plat of Fisher' s First Subdivision as re-
corded in Plat Book Two ( 2) Page Seventy-seven (77)
of the Public Records of Dade County, Fla. by the
granting of a permit for the construction of the afore-
mentioned groyne. This being likewise without preju-
dice to the rights of the undersigned.
Very truly yours,
HARRY SIRKIN (Signed)
HARRY KORETZSKY( Signed)
AND
WHEREAS litigation is now pending in the Circuit Court of
Dade County, Florida, in which the City asserts that the area East
of the said lots, and of the lots in said subdivision were dedicated
by the original subdivider as a public drive and as a public recre-
ational beach, and
WHEREAS the City is willing to grant the permit provided
that the rights of the public in and to said drive and beach are
not affected;
NOW, THEREFORE, BE IT RESOLVED that permission is hereby
granted to the said Harry Sirkin and Harry Koretzsky to construct
a groyne between said Lots 6 and 7 of Block 29 under the supervi-
sion and subject to the approval of the Engineering Department,
and in accordance with a permit to be granted by the Building De-
partment of the City of Miami Beach;
PROVIDED HOWEVER that said permit and construction
shall at all times be subject to and without prejudice to
pending litigation to establish the public' s right and ease-
ment in and to the said drive and beach, and
PROVIDED FURTHER that in the event the rights of the
public shall be established in and to said drive and beach,
and it shall be necessary to remove or otherwise alter the
construction of said groyne, the City shall in no wise be
obligated to reimburse Messrs. Sirkin and Koretzsky on ac-
count of such removal or alteration.
By acceptance of a permit from the Building Department
to construct said groyne, Messrs. Sirkin and Koretzsky rati-
fy, adopt and approve this resolution, and consent to its
conditions.
PASSED AND ADOPTED this 22nd day of January, A. D. ,
1942.
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'ayor
ATTEST;
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