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Resolution 7922 R L,SOLUTION NO. 7922 WHEREAS, the City Council of the City of Miami Beath , Florida, heretofore found it necessary to increase the width of that portion of Indian Creek Drive which adjoins Lots 11 to 40, inclusive, of Block 3 of SECOND OCEAN FRONT SUBDIVISION according to the amended plat thereof recorded in Plat Book 28, at page 28, of the Public Records of Dade County, Florida, and WHEREAS, in order to increase the width of said Indian Creek Drive as aforesaid it is necessary to acquire an easement over a strip of land off the east side of said Lots 11 to 40, in- clusive, from the owners thereof, and ;IH REAS, the northerly 25 feet of Lot 24 and the southerly 25 feet of Lot 25 of Block 3 of said subdivision is owned by HENRY ELLIOTT and MARY ELLIOTT, his wife, and HERMAN B. OBiMAN and EVA OBa MAN his wife, are the lessees under a long term lease encumber- ing said property, and FIRST F D{AL SAVINGS & LOAN ASSOCIATION OF MIAMI is the owner and holder of a mortgage encumbering said land and CORONET APARTMENTS, INC. , a Florida corporation, is the owner and holder of a mortgage encumbering said long term lease, and OCEAN BREEZE APTS. , INC. , a Florida corporation, is a former lesee under said long term lease and joined in the mortgage held by FIRST FEDERAL SAVINGS & LOAN ASSOCIATION, and the notes secured thereby, and WIIEREAS, said owners and said lessees have heretofore indicated their willingness to dedicate to the public, for street and sidewalk purposes, a strip of land off the east side of said portion of said Lot 24, in consideration of the expenditures to be made on their behalf by the City of Miami Beach as hereinafter set forth, and WHIMEAS, in contemplation of said dedication and said expenditures by the City the predecessor in title of the said owners caused to be filled to an elevation of 2.5 feet above mean high water, a tract of submerged land in Indian Creek lying westerly of and adjacent to said portion of said Lots 24 and 25, and constructed a sea-wall and bv?lkhead for the purpose of protecting and retaining the said fill, the area so filled being equal in depth and area to the depth and area of the strip of the land to be dedicated, and JHEREAS, the sum of $2,987.00 for the construction of said sea-wall or bulkhead and the sum of y 774.39 for the construction of said fill are due and unpaid to M. F. Comer Bridge & Foundation Co. , and '.1HEREAS, an agreement has been prepared by the terms of which the following is provided for: - 1. The City will deliver to the owners deeds from the Trustees of the Internal Improvement Fund of h e State of Florida conveying the tract of land heretofore filled and bulkheaded as aforesaid and also an additional strip of submerged land lying immediately westerly thereof. 2. The City will pay to M. F. Comer Bridge & Foundation Co. the sum of •; 3 ,761.39 in full payment for the construction of said bulkhead and fill. e OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA T - 3 . The owners and lessees will join in the execution and delivery to the City of a deed dedicating the strip of land for street widening purposes heretofore referred to. 4. The mortgagees heretofore referred to will deliver instruments releasing from their mortgages the strip of land re- ferred to in Item 3 . 5. The lessees under the long term lease heretofore referred to will agree to repay to the City the sum of . 1, 750.00 representing a portion of the amount paid by the City to M. F. Comer Bridge & Foundation Co. , as aforesaid, such repayment to be made in ten (10) equal annual installments beginning on November 15, 1952, with interest from November 15, 1951, at the rate of four (4;0) percent per annum payable semi-annually on sums remaining from time to time unpaid, and the City will have a lien against the lessees ' interest for the said sum of 41,750.00 and interest until it has been paid, and :THEREAS, the City Council deems it to be to the best interest of the City to enter into such agreement. N0J, THEREFORE, BE IT RESOLV: by the City Council of the City of Miami Beach, Florida, that the Mayor and the City Clerk be and they are hereby authorized to execute said agreement for and in the name of said City, and the disbursing officers of the City be and they are hereby authorized to pay, out of funds of the City available for such purpose, to ii. F. Comer Bridge & Foundation Co. the sum of 6,761.39, as provided for in said agreement. r PASSED and ADOPTEDthis 6th day of February A. D. 1952. it- _a_Mayor Attest: City Clerk OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA r i1 N W -tom cd ''' N O Z 0 O 0 rn o ,-+ a o C— .1-I H S- Z 0 0 O 4-3 S-i 0 cd c-, a • ,-i 0 P .. O 'd 0 Z d C.) (3.) OO N 0 0 0 a H ZZ 0C O0 00H S-, -P -, Cr) U] LCd Ci-4 0 H 0O• O H O FF-1 cd S, d 4-, NM'C •rl 4-3 N-1 O ice, ,0 - O W •r-1N -1-.) Sa O Ci) S-, (Z Si H.r1 O (1) r-i 0 O 0 Z a> .. tzl -tom .. a) .. a) c-, J-3 S, S-1 '0 0 O O • W.,' .1-1 t11 O lfl S-, cd 3 N rn N cr.,