Resolution 8703 RESOLUTION NO. 8703
WHEREAS, the City of Miami Beach, Florida deems
it to be to the best interest of said City to acquire for
sidewalk purposes a two and one-half (22' ) foot strip of
land on each side of Harding Avenue between 75th Street
and 87th Street, and on each side of Dickens Avenue be-
tween 75th Street and 79th Street, and on each side of
Byron Avenue between 81st Street and a point which is
about one hundred (100 ' ) feet North of 82nd Terrace, and
on each side of Tatum Waterway Drive between 79th Street
and 81st Street, and
WHEREAS, many of the owners of said land have
indicated their willingness to convey the said two and
one-half (2i' ) foot strip to the City in consideration
of the benefits that would accrue to such owners and in
consideration of the City bearing the entire cost of the
sidewalk to be constructed on said land and the paving,
curb and gutter and lighting on that portion of the pub-
lic street upon which the said land of said owners abuts,
and
WHEREAS, the City Attorney has prepared a draft
of the proposed Agreement between the City and the said
owners,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA that the
Mayor and City Clerk be and they are hereby authorized
and directed to execute, in the name of and on behalf
of said City, the said Agreement with each of said own-
ers as are willing to convey said land.
PASSED and ADOPTED this 7th day of April,
A.D. 195+ .
'ayor
Attest:
C. W. Tomlinson, City Clerk
BY: fe404/JoIr---
Deputy it; lerk
OFFICE OF CITY ATTORNEY- CITY HALL - MIAMI BEACH 39, FLORIDA
THIS AGREEMENT made and entered into this
clay of , 1954, by and between
and
parties of the f irct part, hereinafter referred to as
the "Owners", and CITY OF MIAMI BLACK, a Florida
Municipal corporation, party of the second part,
hereinafter referred to es the "City";
WI T N E S S E T H :
That for and in consideration of the sum of
One ( ;,l,OC) Dollar, lawful money of the United States,
paid to the "Owners" by .thc "City", receipt of which
by the "Owners" is hereby acknowledged, and in further
consideration of the benefits to accrue to the "Owners"
by reason of the iriprovemcnts conterzplatod hereby,
the parties agree as follows:
1. The "Owners" will convey to the "City"
by good and sufficient warranty deed, free and clear
of all encumbrancos, except mortgages of record;
restrictions, conditions and limitations of record;
taxes for the year 1954, and zoning ordinances of
the City of Miami Beach, Florida, that certain parcel
of land situate, lying and being in the City of Miami
Beach, Dade County, Florida, described as follows,
to wit:
2. The "City" intends to use said land
for sidewalk purposes end has already constructed
a highway pavement, with curb and gutter, upon that
portion of tho street upon which said land abuts,
and the "City" agrees that it will boar the entire
cost of the said highway pavement and curb and
gutter, and of the sidewalk to be constructed on
the above land, and of any White Way lighting which
may be installed by the "City" on or adjacent to said
land.
3. The warranty deed to be given by the
"Owners" a.s aforesaid, shall expressly recite that
if the use of said land for sidewalk and highway
purposes shall over be abandoned, then and in that
event the title to said land shall revert to and
immediately rcvest in the "Owners", their heirs,
successors and assigns,
4. The transaction contemplated hereby shall
be closed not loss than forty (40) days nor more
than sixty (60) days after the passage and adoption
by the City Council of said City of a resolution_
authorizing the execution of this agreement,
5. This agreement shall be binding upon and
inure to the benefit of each of the parties hereto,
their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto
have hereunto set their hands and seals the
2
day r-nd year first above written,
In Presence Of: -
C I T`i OF Va.ad BEACH
By�
Mayor
ATTEST:
City Clci°k
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