13571 RESOLUTION NO. 13571
WHEREAS the owners of Lots 13 through 18, inclusive,
Block 1, TATUM WATERWAY SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 46 , at page 2 of the Public
Records of Dade County, Florida, have made request of the City
Council of the City of Miami Beach, Florida, that the five-foot
storm sewer easement on the southerly five feet of Lot 15 and
the five-foot storm sewer easement on the northerly five feet
of Lot 16, together with the fifteen-inch storm sewer located in
said easement, be abandoned, and that in consideration of such
abandonment by the City, the said owners will dedicate a ten-foot
storm sewer easement on the North ten feet of Lot 13, and in
addition, the said owners will pay the cost of construction
estimated at Fifteen Thousand Eight Hundred Thirty Dollars
($15 , 830 . 00) or have constructed a twenty-four-inch storm sewer
in the easement to be dedicated, including an eighteen-inch
storm sewer in Tatum Waterway Drive for the purpose of connecting
said eighteen-inch storm sewer to the existing storm sewer system;
and
WHEREAS the said owners have agreed that they will pay
the cost of construction in advance, or that they will have
constructed in advance a twenty-four-inch and eighteen-inch
storm sewer; and
WHEREAS it has been represented to the City Council
that the said exchange of easements is necessary to enable the
owners to build on the hereinabove described parcel of land; and
WHEREAS the City Manager and the Director of Public
Works have recommended to the City Council that the City Council
agree and consent to the proposal made by the owners as
hereinabove set forth on condition, however, that the said owners
shall pay in advance the cost of construction, or that they will
have constructed in advance the aforementioned storm sewers; and
WHEREAS the City Attorney has prepared an appropriate
quit-claim deed to be executed by the City of Miami Beach and
an appropriate grant of easement to be executed by the owners of
the said land, whereby the City releases, remises and quit
claims all its right, title and interest in and to the said
existing easement, and whereby the owner grants the City of Miami
Beach a new easement and will construct or have constructed two
storm sewers in the new easement;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that upon the performance
by the owners of the matters and things to be performed by them
as hereinabove set forth, in a manner satisfactory to the City
Director of Public Works , and so certified by hi , the City
Attorney shall be then and there authorized to deliver said
quit-claim deed to the said owners, their heirs and assigns ,
and to duly record the said grant of easement in the Public
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
Records of Dade County, Florida, and that upon the fulfillment
and performance of all the matters and things hereinabove set
forth, the City Council shall then and thereafter, by its
resolution, duly authorize the return of any sums deposited
with the City by the owners, in excess of that required to
accomplish the construction and exchange of easements as
hereinabove set forth.
PASSED AND ADOPTED this 15th day of March, 1972 .
/6:74—
yor
Vice- M �(j�.-//
Attest:
City Clerk-Finance Director
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139