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Resolution 10997 RESOLUTION NO. 10997 WHEREAS, the State Road Department of Florida has authorized and requested the City of Miami Beach to furnish the necessary rights of way and easements for that portion of Section 87060, of State Road No. A-1-A extending from a point in Section 23, Township 53 South, Range 42 East, Northerly to a point in Section 14, Township 53 South, Range 42 East, situate in said municipality as heretofore surveyed and located by the State Road Department and shown by map on file in the office of the Clerk of the Circuit Court of Dade County, and in the office of the Clerk of said municipality, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said section in said municipality until title to all land necessary for said section has been conveyed to or vested in said State by said municipality, and said lands physically cleared of all occupants, tenants, buildings and/or other structures situate upon or encroaching within the limits of the lands required for said section; now, therefore, be it RESOLVED, that said municipality, through its Councilmen, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said section of road, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures situate upon or encroaching within the limits of the lands required for said section, and that the Mayor and the Clerk be and they are hereby authorized and directed to execute and deliver, on behalf of said municipality to said Depart- ment the contract in the form hereto attached; and be it further RESOLVED that the Attorney for this municipality be, and he is hereby authorized and directed to proceed to take the necessary steps for the municipality to acquire in its name, by gift, purchase or condemnation, said rights of way and easements for said section of road, and to prepare in the name of said municipality by its City Councilmen, all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and said Attorney is further authorized to have prepared at said municipality's expense, and furnish to the Department the abstract search provided for in said contract. PASSED and ADOPTED this 22nd day of May, A. D. 1963. lall_ Mayor ATTEST: /I City Clerk :1 / • • OFFICE OF THE CITY ATTORNEY DATE: May 10, 1966 TO: R. Wm. L. Johnson, City Clerk FROM: Joseph A. Wanick, City Attorney Re: Collins Avenue Widening South of Reverse curve - Lots 1 to 30, inclusive, and Lot 231, First Ocean Front Subdivision In connection with the above project, which has been - completed by the City some time ago, I enclose an executed Right of Way Contract between the State Road Department of Florida and the City of Miami Beach, together with the accompanying resolution. These instruments should be retained in your files on this subject. These documents were in Mr. Ben Shepard' s file. JAW:K Encls. 0 a) 5/10/66 Receipt acknowledged. Instrument will be filed with Council records of May 22 , 1963 , when Resolution No. 10997 was adopted, authorizing its execution. RWLJ em �'.I) No. 2 S.,1-'.1) 02 87060-Za ''Municipality) % Dade. . RIGHT CF WAY CONTRACT l j THIS AGREEMENT made and entered into this- o -� ' day of (. A. D. 19%--) by and between the STATE ROAD DEPART ?T CI' FLORIDA, a body corporate under the laws of the State of Florida, hereinafter called the "Department", and the City of Mai Bsaab , a municipal corporation of the State of Florida, hereinafter called the "Municipality", witnesses, that WHEREAS, the Legislature of Florida has designated and established State Road Noek•304 , and the Department has located and surveyed a portion of said road designated as Section 87060 , in County, Florida, and has made a survey and location of that part of said section extending from a point in Section 23, Tbvaship 53 Som, less 43 net, $orthsrly to a point in section 14, taaltship 53 South, Singe 48 last, as shown on survey and location map, duly certified asprovided by law, on file in the office of the Department at Tallahassee, Florida, and on file in the office of the Clerk of the Circuit Court of said County, and in the office of the Clerk of said municipality, and in the judgment of the Department said location and survey have been found to be practicable and to the best interest of the State, and UHEREAS, the Department has requested and authorized said municipality, solely at its expense, to secure by gift, purchase or condemnation the lands and property necessary for that part of the right of way, easememts for outfall ditches and borrow pits for said section situate within said municipality and shown on the right of way map of said section, and such as may hereafter be found necessary by the Department for said section, and Councilmen WHEREAS, the/ CanntriteMUMIC of the pity of Mami Beach in meeting duly called and held on the . day of / �` `� , A. D. 194;\, adopted a Resolution (copy being hereto attached as a part hereof, marked "EXHIBIT A"), signifying its agreement to comply with the Department's said requests, and authorizing its Mayor and its Clerk, on its behalf, to execute this contract. NCU, THEREFORE, in consideration of the premises and of the mutual undertak— ings hereinafter set forth, the parties mutually covenant and agree as follows: 1. The municipality shall forthwith furnish the Department with a title search made by a reliable Abstractor or Abstract Company or by its Attorneys show— ing the present ownership and record description of each parcel of lard over which said right of way and/car easements extend within said municipality, as shown on raid right of way map on file with said City Clerk, and Department, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, • . tax liens and tax certificates held by parties other than the State„ Thereupon the Department shall prepare and furnish to the municipality the descrittions of said right of way and/or easements to be acquired from each of the several parcels of lands, or interests therein, as shown by said title search. The furnishing of said descriptions shall be solely for the assistance of the municipality and nothing in this paragraph shall be taken or construed as the Department's accept- ance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the municipality of its agreement herein to furnish the Department free, clear and unencumbered title to the land required for said right of way and easements, or from any of its covenants hereunder. 2. After the Department has furnished the municipality said descriptions, the municipality shall proceed forthwith, solely a t its expense, to acquire by gift, purchase or condemnation, free, clear and unencumbered title to the land so required as aforesaid for said project by the Department for said right of way and easements, and convey or vest the same to or in the State of Florida for the use of said State Road, by good and sufficient deed or deeds, and deliver to the State Road Department said lands physically clear of all occupants, tenants, buildings and/or other structures situate upon or encroaching within the limits of the lands required for said project. Any land to which the municipality has heretofore acquired free, clear and unencumbered title, which may be necessary for said right of way and/or easements, shall be conveyed by the municipality to the State for the said use under the provisions of this section. if the muni- cipality within a reasonable time, to be determined by the Department taking into consideration all the circumstances and conditions involved, should fail to comply herewith, then and in such event the Department may, at its election abandon the project or proceed after giving the municipality due notice thereof to acquire said right of way and easements, at the expense of the municipality, and all sums so advanced by the Department shall be repaid to it by the municipal- ity upon demand. 3. Commencing with the date when the Department shall begin construction operations on said project, and at all times thereafter for so long as said project shall continue to be part of the State system of roads, the municipality shall save, defend and keep the State of Florida and the State Road Department, its officers, employees and contractors harmless from any and all damages, claims or injuries, actions at law or suits in equity arising from or growing out of any defect or alleged defect affecting the title, or because of the lack of title or right of possession of the State of Florida for the use of said road, to any portion of those lands and easements required by the Department for said project as aforesaid, and the municipality agrees to pay and discharge all lawful claims, damages, judgments, decrees and any other expenses arising from or growing out of such claims, injuries, actions or suits. 1. . After the acquisition of said right of tray and easements by said municipality and the acceptance of same as satisfactory by the Department, the Department agrees to construct the aforesaid project at the earliest date it determines practicable, and appropriate or cause to be appropriated the funds for said construction* IN I'JITNESS ?JHERECF the Department has caused this agreement to be executed in duplicate by its Chairman and its Secretary, and its official seal to be affixed; and the municipality has caused it to be executed by its City Comnissionsrs and its Clerk, and its official seal to be affixed, the day and year first above written. Signed, sealed and delivered iA ROAD Ii' LflT OF FLORIDA in the presence oft i) a -e BY: r --- , Chairman /2,2,14-- • , -As o the Departauent ATTEST. . / ,_ iy Signed, sealed and delivered (SEAL) in the presence of: <-1 C � _Lis Jaz NiAIlt Beach , Florida As to Municipality : Z / ATTES Clerk of the sr, _tea. •kids (SEAL) APPROVED AS TO FORM AND EXECUTION THOMAS 7. Cr, n. ATTC1 t Y, S. R. G. By /' r J Attorney Resident `(Municipality) R E S O L U T I O.N WHEREAS, the State Road Department of Florida has authorized and requested the City of Miami Beach to furnish the necessary rights of way and easements for that portion of Section 87060 , of State Road No. A-1-A extending troy e point in Section 23, 2binehip 53 South, Senge42 Fiat, Northerly to a point in Section lb, ?ovnship 53 eoliths smogs IQ Past, situate in said municipality as heretofore surveyed and located by the State Road Department and shown by map on file in the office of the Clerk of the Circuit Court of DADS County, and in the office of the Clerk of said municipality, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said section in said municipality until title to all land necessary for said section has been conveyed to or vested in said State by said municipality, and said lands physically cleared of all occupants, tenants, buildings and/or other structures situate upon or encroaching within the limits of the lands required for said section; now, therefore, be it Councilmen RESOLVED, that said municipality, through its 234" , comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said section of road, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures situate upon or encroaching within the limitsof the lands required for said section, and that the Mayor and the Clerk be and they are hereby authorized and directed to execute and deliver, on behalf of said municipality to said Department the contract in the form hereto attached; and be it further RESOLVED that the Attorney- for this municipality be, and he is hereby authorized and directed to proceed to take the necessary steps for the municipality to acquire in its names by gift, purchase or condemnation, said rights of way and easemen fo s d ection f road and to prepare in the name of said municipality by its .4ty ,.o ail �frnnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and said Attorney is further authorized to have prepared at said municipalityts expense, and furnish to the Department the abstract search provided for in said contract. STATE CF FLORIDA ) ( COUNTY CF CATS I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by c '61riti-tce -�' of 4 %%Lt<< , Florida, at a meeting held the _ y of-224!'„V' A. D. 1947i and recorded in the minutes of said municipality. IN IJITNESS LJIIL:RECF I hereunto sot my hand and official seal this - day of /2/ C .t , A. D. 11-i`-? AN WIG Ai fo ea. C tK CF (SEAL) FLORIDA w • ti4,4 ask. • \IN)el:ks svtilottuA 11/44 rCi rj 3w 'd0IO o4Jw x 0 rn CO1 (1) •- J -l- W 4) rn (1ai) 4-) rn�b o (n ro H 0 �+ 3 z •+>, 3 v 0 H - a) EAC U 3 S-1 «i d O U O a:$ U