Resolution 8716 RESOLUTION NO. 8716
A RESOLUTION TO VACATE AND DISCLAIM AS A
PUBLIC WAY THAT PORTION OF AIROSO WAY
(NOW KNOWN AS ATLANTIC WAY) LYING EAST OF
LOTS 1, 2 AND 3, BLOCK 9, AND WEST OF LOTS
1, 2 AND 3, BLOCK 8, ALTOS DEL MAR, ACCORD-
ING TO PLAT BOOK 4, PAGE 157, AND ACCORDING
TO PLAT BOOK 31, PAGE 40, AND LYING SOUTH
OF THE SOUTH LINE OF BOUGAINVILLIA STREET,
AS SHOWN ON SAID PLAT, (NOW KNOWN AS 76TH
STREET) AND NORTH OF THE NORTH LINE OF
ALLAMANDA STREET, AS SHOWN ON SAID PLAT,
(NOW KNOWN AS 75TH STREET) .
WHEREAS, the Plat of Altos Del Mar according to
Plat Book 4, Page 157 of the Public Records of Dade County
contains the following.:
- - that the tract shown, marked and designated
on said plat as "Airoso Way" is hereby granted, reserved and
limited to the private use only of the present or future own-
er or owners of said Altos Del Mar or of any part thereof;
provided that said Airoso Way, or any Block thereof, may be
closed and vacated upon the written consent of all the owners
of the lots abutting on that part of said Airoso Way so to
be vacated; " and
WHEREAS, the corrected plat of Altos Del Mar accord-
ing to Plat Book 31, at Page 40 of the Public Records of Dade
County contains the following:
"The Streets, Avenue and Way as shown on the attach-
ed Plat are rededicated as on the plat of Altos Del Mar, Plat
Book 4, Page 15'1, Public Records of Dade County, Florida", and
WHEREAS, that portion of said Airoso Way (now known
as Atlantic Way) between said streets aforementioned has never
been actually opened or used either as a public or private
street, and
WHEREAS, adjoining property owners have consented
to the abandonment of the plan to make same a private way as
projected on said plat, and
WHEREAS, said adjoining property owners have re-
quested the City of Miami Beach, through this Council, to
disclaim same as a Public Way, and
WHEREAS, the City of Miami Beach is not exercising
any public dominion or jurisdiction over same, and
WHEREAS, by reason of such non-use the public and
the City of Miami Beach, Florida, have never acquired any
prescriptive rights and by reason of such reservation and
limitation appearing on the recorded plats as aforesaid
have never acquired any other rights in and to said tract,
and
WHEREAS, the public interest would best be served
by the official action of the City of Miami Beach, Florida,
in vacating and disclaiming the above described portion of
Airoso Way (now known as Atlantic Way) ,
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA that that portion of
Airoso Way (now known as Atlantic Way) lying East of Lots
1, 2 and 3, Block 9, and West of Lots 1, 2 and 3, Block 8,
Altos Del Mar, according to Plat Book 4, Page 157, and ac-
cording to Plat Book 31, Page 40, and lying South of the South
line of Bougainvillia Street, as shown on said Plat, (now known
as 76th Street ) , and North of the North line of Allamanda Street,
as shown on said Plat, (now known as 15th Street) , be hereby
vacated and disclaimed as a public way.
PASSED and ADOPTED this 21st day of April
A.D. 1954.
'r ayor
Attest:
C. W. Tomlinson, City Clerk
Si? 44'nr--
eputy City Clerk
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
NEM
ICIOW ALL MBX By these presents that, Whereas YilliaCT A.
TIDA
* SICK end SMART MAT k :i,IC :, his wife, TEM L. AiJ.L1 :mrd CHAJ,FS F.
husband
OUL , hie-wife, and BR A3 l O t NAIL OORPOkA.ON, a Flora corporation,
by, WNW% sed aeons;; thew, Olathe fir simple title to:
Ile err m.* t (8) es4 the entire
lla* nine (9), of ALIS D"L MAR ONE,
aseirdimg to the plat thereof, recorded in
Mat Book 4, at Page 157, of the PIM*
Ilsords of Lade Counter, Florida;
seed
Mme, it Is provided in the Plat of said Altos Fel tier
;fes. Eine, filed for record and recorded in Plat Book 4 at Page 157 of the
Public Records of Dade minty, Florida, among other things, as follows:
"That the West shorn, narked and dellipaated
on said mat as Airoso War is here* errrebed.,
reserved and limited to the private wee ee r
of the present or future owner or owners of
said Altos Del her 3ubdiviaion bier 1, or
of aq pest thereof; provided that Said
Aires* Weyer eq block thereof sq be closed
and 'nested vpen the written commit of all
the +mss of the lots abetting on that part
of said Airoso Ay so to be vacated;"
and ,cEi .5, the north and south of the
h miiah
t is desired to close a part of said Airoso Way as hereinafter sort forth
is raved, ready and open for use and trawl between Collier Avenue and
ASseso Well Mad
WINDS, it is agreed by, between, and ami the parties to this
insttil * that the aforesaid ?AE%AICK A. h3E6aE!C and s 11AY HICK,
his Idle, won the closing of the above deraribed portion of Atrose Way,
will s ir perihelia, at their role empease, the reversionary inter-
ests of Tatra+s Oeean Perk fir, a diarolmed Florida evaporation, in
and to that portion of Aires, Wig' as hereinafter more parttiular3y
described, and upon the seedekhae of the title thereto by said 171.4ZIelt
A. fre.s.siCK and OAST NAY MESSICK, his wife, they will forthwith none r
TIDA husband
to the aforesaid TZDL L. DILL+t and CHARLES F. IALLIA, ha-wire, that
portion of arose Vey adjoining their said lands on the oast, sa as to
entwnd the earth M south limes of their lot eastward to the sinter lint
of Airoeo Way, amid will forthwith pager to MAMMA Mtn ODRPONAI2016
that portion of Airoec day adjoining its propel on the resat, thereby
extending the north end south line of its property to the ember line of
Airoso War.
Now, . '. °....0 , the afore$'.d partiee, constituting au the
owners of the lots abutting oem that part of aures Worse is hereby
declared to be closed sand ousted, do hereby neonate• their written Marr
seat that the portion of Aileen War new known as Ams th r, UMW
on the out by the vest side of B.G* Night (8), bolndod on the math
by the north lino of 75th ;street, hounded on the north kf the south line
of 76th Street, and bounded on the twat by the out side of Block Nine
(9), being sore partieules4 described as followes
aotinr in , at time Northeast oornar of Let 1. 210* 9,
Altos tsol Her, thaws South aim to amotiorly line of
as 1 end 2, mask 9, (bilass310 M Mt Um of
Airasa Way), to s paint edAlmay batman lbs Mirth and
South lot limp of said Leet 2; teems Seat
extension of the diet line baluue the 1; and * at
said Lot 2 to the oeaO off' Woo Nall thorns Somllt
a2asi the tsstsr Alas of At o m hili to a paled: tt istar-
station with the *at a tt ssios of the Sas* alas se
Let 2, Block 8, tiers least *lag time Best aaaaelsn of
the South line of 1.12, Blick 3, a the Sti courser of
Lot 2, 'lock 8; thmaisibilitsamsg Us *sot Marra of
Lots 1 and 2, Moak $ (Miss sleD tet 160112400 of
Airess Wal) to theIV osisor of Lot 1, *sok t, afore-
said; UMW* *et to the Point of Beginning'
IN WTTISSS WM, the individual parties hereto have hereunto
set their hands and seals, at Miami asesh, Dude County, Florida, this
23rd dgy a March , A. '. 190, and the ocrporato palmy hereto
has Caused this tnstrseend to be smsouad by its Preside*, sled attested
WI its Sasrstarsr, sad it* corporate seal to be harssmto affizsd by its
.02 .
A
duly authorised officer r ':T agent.
Signed, Sealed and Delivered
In The Presence Of
FREDERICK A. HESSICK + ~ .
ROSILY ANN LOVE fr eriek A. /fesstok
J. L. BARKER SYDNEY MAY HESSICK (r,.a)
y s.ees ck
4.8 to Mr. & Mrs. Messick)
TIDA L. DELLEA (,. 'AL)
ROSILY ANN LOVE Tida l• - L. rellea
J. L. BARKER CHARLES F. DELLEA ( ;fl.)
(As to 1!r. to Mrs. Dea.lse) De11se
IMADWFOR Ii T4, COI PI.`if1`.'1`trN
SAMUEL GLUCK
GERALD D. CAULDES (?)
DORIS BOXER Attest: R. S. LEVY
(A. to Broadmoor bots .
Corporation;
KATZ 4T FLORIDA )
COMM or DIADE )
I xsazsy C-...122/11 That on this day personally appeaer+Ad before
me as officer duly authorised to administer **the and take satmelladK-
aeeeetsa, fttURICK A. DICK and SIDUT MAT BUSIOK, his wife, to as well
Mem and known to es to be the leedtwIdadm deeertbed in send who *matted
the foregoing instrameet, and lbw atioweirligal before me that they eme-
euted the gases freely and voluntarily, for the purposes therein expressed.
IN wITmaz litvxbrt,, E have hereunto set my hand and affixed my
official seal, at Miami Beach. said County and State, this 23 day of
'eberus , A. D. 1954.
March
ROSILY ANN LOVE
c, o o at ge
e?y Commission Expires: Oct. 12, 1954
(Notary Stamp)
MATZO? FLORIDA ) (N.S.)
C`, T 07 fAIZ )
T
Iran awn Tbit on CA* day personally appeared before
me, an officer *Ay authorised to administer oaths and
tents, TIM L. "'Bl.J sad CHARLES F. 17(EI.L '.fn b epi �o me
well known and known to we tole tialixidividuale described in and who
executed the fore ;oinc instrument, and they acknowled -ed before me that
they executed the satue freely and voluntarily, for the purposes therein
oat reined.
- 3 -
I
IN WIGS WNEREDY, I have hereunto a my hand and affixed m'
official seal, at Mud aBah, said County and State, this 23 day of
February, A. '. 3954.
March
ROSILY ANN LOVE
t-ar r r a, t" 0 d da a Large
y Commission aspires* Oct 12, 191} (N.S,)
(notary Stamp)
STAI'S 07 'W4 t% )
CcUNTT GF ':ALE )
I HEREBY CNTIFT That on this day personally appmmmi belbss
me, as offie.r duly autheria sd to administer oaths and tams 4410010011-
vents, SAMUEL GLUC f ... Mat; R # ! ('�'�Og arida
tisely rz�se taae of
oorpporation, to mo mall heals to be lire pe ase a executed the fore-
going instrument, and um iN37 aftwiledged that they executed the same
for the purposes therein sir end that tier affixed thereto the
official seal of said aegsretton, ant that the said instrument is the
sot and deed of said aorperation.
IN WITH-S6 wt i!', I have hereunto set ir hand and affixed my
seal, at Miami boob, esti flinty and State this 2...23rd day of February,
A. ►. 1954.
MORRIS S. SAIIJMON
*Amy b L p, o •r.da a •
My Osamtssion sx irese Feb. 111, 1� 956
(Notary Stamp)
(N. S.)
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