Resolution 9106 R r
RESOLUTION NO. 9io6
WHEREAS, by the terms of that certain deed appearing
in Deed Book 1628, page 292, recorded in the Public Records of
Dade County, Florida, the City of. Miami Beach was granted an
easement for underground storm .sewers in, upon and under the
following described property, to-wit :
The northerly five (5 ' ) feet of Lot Eleven
(11) and the southerly five (5 ' ) feet of Lot
Twelve (12) of Block Three (3), Amended Plat
of Second Ocean Front Subdivision, according
to the plat thereof, recorded in Plat Book
28, page 28, of the Public Records of Dade
County, Florida, and
WHEREAS, the present owners of the said land have
requested the City of Miami Beach to relinquish and surrender
all rights conferred upon or granted to said City by virtue of
said dedication, and
WHEREAS, the said owners have offered, in consider-
ation of such relinquishment and surrender, to grant to the
City of Miami Beach, its successors and assigns, and grantees
operating public utilities, an easement over and across the
following described land situate in Miami Beach, Dade County,
Florida, to-wit :
That certain portion of Lot 12, Block 3,
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, bounded as follows:
Bounded on the easterly side by the westerly
boundary of that certain parcel of land here-
tofore conveyed by Wolf Muller and Luzi H. .
Muller, his wife and Joseph Waldman and Yetta
Waldman, his wife, to the City of Miami Beach
for street and sidewalk purposes; bounded on
the westerly side by a line parallel to and
five feet distant from the line first referred
to; bounded on the southerly side by the south-
erly line of said Lot 12; bounded on the north-
erly side by the northerly line of said Lot 12;
And also that certain portion of said Lot 12
bounded as follows :
Bounded on the east by the westerly line of
that certain parcel of land heretofore conveyed
by Wolf Muller and Luzi H. Muller, his wife, and
Joseph Waldman and Yetta Waldman, his wife, to
the City of Miami Beach for street and sidewalk
purposes; bounded on the west by the easterly
shore of Indian Creek; bounded on the northerly
side by the northerly line of said Lot 12; bound-
ed on the southerly side by a line parallel to
and five feet southerly of the northerly line of
said Lot 12;
in addition to the sum of $2,500.00 to defray the expense of
the City of Miami Beach in removing the existing underground
storm sewers, and .
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
- w
WHEREAS, the City Council finds and determines
that it is to the best interest of the City of Miami Beach
to accept the said offer of exchange of easements, and
WHEREAS, the City Attorney has prepared and sub-
, mitted an agreement for .execution by the said City for the
said exchange of easements, and the City Council being
familiar with the terms and provisions thereof,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Miami Beach, Florida, that the Mayor and the
City Clerk be and they are hereby authorized and directed to
execute said instrument in the name of and on behalf of said
City.
BE IT FURTHER RESOLVED that the City Attorney be and
he is hereby authorized and directed to deliver said executed
instrument upon the delivery to him of a good and sufficient
grant unto the City of Miami Beach, Florida, its successors
and assigns, and grantees operating public utilities, of a
perpetual easement over, under and across that certain portion
of Lot 12, Block 3, 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, bounded as
follows:
Bounded on the easterly side by the westerly
boundary of that certain parcel of land heretofore
conveyed by Wolf Muller and Luzi H. Muller, his
wife, and Joseph Waldman and Yetta Waldman, his
wife, to the City of Miami Beach for street and
sidewalk purposes; bounded on the westerly side by
a line parallel to and five feet distant from the
line first referred to; bounded on the southerly
side by the southerly line of said Lot 12; bounded
on the northerly side by the northerly line of
said Lot 12;
And also that certain portion of said Lot 12 bounded
as follows:
Bounded on the east by the westerly line of that
certain parcel of land heretofore conveyed by Wolf
Muller and Luzi H. Muller, his wife, and Joseph
Waldman and Yetta Waldman, his wife, to the City
of Miami Beach for street and sidewalk purposes;
bounded on the west by the easterly shore of
Indian Creek; bounded on the northerly side by
the northerly line of said Lot 12; bounded on the
southerly side by a line parallel to and five feet
southerly of the northerly line of said Lot 12,
and upon the payment, by the owners of said land, of the said
sum of $2,500.00 to the City of Miami Beach, Florida.
PASSED and ADOPTED this 3rd day of August
A.D. 1955. this_
t)--3rd
Atte t:
C.4 T1ml j so- ,/ ity Clerk
Dep ty Ci y er
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA