73-13949 RESOLUTION NO.73-139+9
WHEREAS , the owners and parties of interest of
Lot 6 and Lot 12, Block 55, ORCHARD BEACH SUBDIVISION 2 and
3, Recorded in Plat Book 8, page 116 of the Public Records
of Dade County, Florida, have made request of the City Council
of the City of Miami Beach, Florida that a certain five-foot
easement granted to the City of Miami Beach for public utility
purposes in the south five feet of Lot 6 , less the east and
west five feet thereof, and the easement on the north five feet
of Lot 12 be abandoned, and that in consideration of such aban-
donment by the City that the said owners and parties of interest
will dedicate to the City of Miami Beach a five foot easement for
like and identical uses and purposes on the west five feet; and
on the east five feet; and on the south 10 feet of said Lot 12,
Block 55, and
WHEREAS , the said owners and parties of interest have
agreed that they will pay the cost of construction, or have con-
structed a transformer vault and its appurtenances as required
by the Florida Power and Light Company as set forth in its
letter dated January 11 , 1973 and to reimburse the Peoples Gas
System, Inc. for any and all costs of relocating existing gas
facilities in the said proposed new easement, and
WHEREAS , the City Manager and the Director of Public
Works did recommend to the City Council that the City Council
agree and consent to the proposed exchange of easements for the
fulfillment of the conditions hereinabove set forth and upon
the grant of a suitable 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,
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 Direc-
tor 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 ease-
ments as hereinabove set forth.
PASSED and ADOPTED this 7th day of March, 1973.
GAAA4)31- 6;Ler
Mayor
Attest:
4?<Wkir/(A-^R,Cd‘ .
City Cl rk-Finance Director
)61 P "l
I
)21)-(51;,-
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139