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13588 RESOLUTION NO. 13588 WHEREAS the owners of Lots 1 through 4, inclusive, FLAMINGO BAY SUBDIVISION, according to the Plat thereof, recorded in Plat Book 6 , at page 101 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 4 be abandoned, and that in consideration of such abandonment by the City that the said owners will dedicate to the City of Miami Beach a five-foot storm sewer easement on the North five feet of Lot 4 ; and WHEREAS the said owners have agreed that they will pay the cost of construction, estimated to be approximately Thirty- Four Thousand Dollars ($34,000 .00) , or have constructed, a thirty- inch storm sewer in the easement to be dedicated, including the required connections to the existing storm sewer system, in order to replace the existing twenty-four-inch storm sewer in the existing easement requested to be abandoned; and WHEREAS it has been represented to the City Council that the said exchange of easements is necessary to enable the said 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 of, or have constructed, a thirty- inch storm sewer, and granting of the proposed new easement; 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 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 owners grant the City of Miami Beach a new easement as hereinabove described, and will construct or have constructed a new storm sewer in the new easement proposed to be granted, 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 matter 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 him, 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 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 relocation and exchange of easements and construction of storm sewers as hereinabove set forth. PASSED AND ADOPTED this 5th day of April , 1972 . Attest: C4A.ki ` ) Mayor City erk-Finance Director OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 RESOLUTION NO. 13588 WHEREAS the owners of Lots 1 through 4 , inclusive, FLAMINGO BAY SUBDIVISION, according to the Plat thereof, recorded in Plat Book 6 , at page 101 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 4 be abandoned, and that in consideration of such abandonment by the City that the said owners will dedicate to the City of Miami Beach a five-foot storm sewer easement on the North five feet of Lot 4; and WHEREAS the said owners have agreed that they will pay the cost of construction, estimated to be approximately Thirty- Four Thousand Dollars ($34,000 .00) , or have constructed, a thirty- inch storm sewer in the easement to be dedicated, including the required connections to the existing storm sewer system, in order to replace the existing twenty-four-inch storm sewer in the existing easement requested to be abandoned; and WHEREAS it has been represented to the City Council that the said exchange of easements is necessary to enable the said 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 of, or have constructed, a thirty- inch storm sewer, and granting of the proposed new easement; 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 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 owners grant the City of Miami Beach a new easement as hereinabove described, and will construct or have constructed a new storm sewer in the new easement proposed to be granted, 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 matter 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 him, 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 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 relocation and exchange of easements and construction of storm sewers as hereinabove set forth. PASSED AND ADOPTED this 5th day of April , 1972 . Attest: (Signed) Chuck Hall Mayor (Signed) Ruth B. Rouleau City Clerk-Finance Director (SEAL) OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139