Resolution 12336 RESOLUTION NO, 12336
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 northerly
along Collins Avenue approximately 3519. 32 feet to the inter-
section with Indian Creek Drive, 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 City
Clerk and Finance Director of the City of Miami Beach, and in
the office of the said Department at Tallahassee; and
WHEREAS, the said Department will not begin construction
of said section in the City of Miami Beach until title to all
land necessary for said section has been conveyed to or vested
in said State by the City of Miami Beach, 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 BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach
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 City Clerk
and Finance Director of the City be and they are hereby
authorized and directed to execute and deliver, on behalf of
said City to said Department the contract in the form hereto
attached, with which the City Council is familiar.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be and
he is hereby authorized and directed to proceed to take the
necessary steps for the City of Miami Beach 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 the City of Miami Beach, by its Mayor, all
condemnation papers, affidavits and pleadings, and prosecute
all condemnation proceedings to judgment; and said City Attorney
is further authorized to have prepared, at the City' s expense,
and furnish to the Department the abstract search provided for
in said contract.
PASSED and ADOPTED this 7th day of February 1968 .
—(:T 't
ATTE payor
City Clerk and Finance Director
Sec ;aon 87060-2508
(Municipality)
RIGHT CF WAY CONTRACT
THIS AGREEMENT made and entered into this 7th day of February,
A. D. 1968 , by and between the STATE ROAD DEPART, IT GF FLORIDA, a t-ody corporate
under the laws of the State of Florida, hereinafter called the "Department", and
I
the City of Miami Beach , 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 No. A-1-A, and the Department has located and surveyed a portion of said
road designated as Section 87060 , in Dade County, Florida, and
has made a survey and location of that part of said section extending Northerly
along Collins Avenue approximately 3519.32 feet to intersection with Indian Creek
Drive,
as shown on survey and location map, duly certified asprovided by law, on le
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
WHEREAS, 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
11HERIAS, the City Council of the City of Miami Beah
in meeting duly called and held on the 7th day of February , A. D. 19 68 ,
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..
NW, 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 Attorney, show-
ing the present ownership and record description of each parcel of lard over which
said right of way and/cur easements extend within said municipality, as shown on said
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,
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tax liens ane tax certificates held by parties other than the State,. Thereupon
the Departmert shall prepare and furnish to the municipality the descriptions 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 easement; shorn, and
shall not release or relieve the municipality of its agreement here_i.n 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 expenso 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.
4. After the acquisition of said right of way 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 WITNESS !'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
and its Clerk, and its official seal to be affixed, the day and year first above
written.
Signed, sealed and delivered STATE wit I ;-ARTMENT OF FTA DA
in the presence oft
G� eit. BY: L/ / , Gimmitmetri
#1/
As to the Department ATTEST: 11,7 ,, ;�7 Secretary
Signed, sealed and delivered (SEAL)
in the presence of:
CITY OF MIAMI BEACH , Florida
As • Municipality :' • �i� WIP I 5
,.rNayor
City
ATTI;S1': Clerk of
the City 0 Miami Beach, Florida
(SEAL)
APPROVED BY ROAD BOARD
APPROVED AS 1 FORM, LEGALITY AND EXECUTION
FLOkIL,A.51A 7 M D'ARTMENT
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