Resolution 3304 RESOLUTIOTS NO. 3304
WHEREAS a certain public Street and Drive in the City of Miami
Beach, Florida, is being wilfully obstructed, to-wit:
(a) That certain Street described as follows,
to-wit: beginning at the southeast corner of
Collins Avenue and 23rd Street, formerly known
as Atlantic Avenue, thence extending northerly
along the east line of Collins Avenue produced
across said 23rd Street, formerly known as Atlantic
Avenue, a distance of 75 feet, thence eastwardly
along the north boundary line of 23rd Street, former-
ly known as Atlantic Avenue, projected eastwardly,
to the low water mark of the Atlantic Ocean, thence
southerly meandering the low water mark of the
Atlantic Ocean, to a point where same intersects
the south boundary line of 23rd Street, formerly
known as Atlantic Avenue, produced eastwardly;
thence westerly along said south boundary line
of 23rd Street, formerly known as Atlantic Avenue,
produced eastwardly to the point of beginning.
(b) That portion of Miami Beach Drive, as set
forth on amended map of the Ocean Front property
of the Miami Beach Improvement Company, recorded
in Plat Book 5, pages 7 and 8, in the of ice of
the Clerk of the Circuit Court in and for Dade
County, Florida, lying between the south boundary
line of that street or thoroughfare designated
on said plat as "Hotel Place", produced easterly
across said Miami Beach Drive as a northern boundary
of said portion of said Drive, and the south boundary
line of the block designated on said plat as "Hotel
Site" produced easterly across said tract, as a
southern boundary of said portion of said Drive, same
being now known as that portion of Miami Beach Drive
extending from 23rd Street to 24th Street, as shown
and delineated on the official map of the City of
Miami Beach, Florida.
WHEREAS such wilful obstruction is by the owners of the lands
adjacent to the above described Street and Drive; and
WHEREAS the public is entitled to the full and unrestricted
use of said Street and Drive, now, therefore,
BE IT RESOLVED:
That notice be given to the Roney Investment Corporation, a
Florida corporation, and 23rd Street Realty Corporation, a Florida
Corporation, the owners of the real estate adjacent to said Street
and Drive, and to any other person or corporation having title to
or asserting ownership in said adjacent property, to remove from
said Street and Drive all obstructions erected or placed thereon by
either or both of said corporations, or their predecessors in
title; that said notice shall demand the removal of said obstruc-
tions within ten days from the service of copy of said notice
on said corporations or their representatives or agents either
by personal service or service by registered mail.
BE IT F URT 3ER RESOLVED:
That said notice be drafted by Ben Shepard, Special Counsel,
signed by President of the City Council and attested by the City
Clerk, and served by the Chief of Police of the City of Miami Beach,
Florida; and that report of service t .ereof be made to the
Council.
BE IT FURTHER RESOLVED:
That, in the event the obstructions are not removed as
demanded in said notice, Ben Shepard, Special Counsel, be and he is
hereby authorized and directed to institute and prosecute the
necessary legal action to prevent the continued obstruction of said
Street and Drive, and to compel the removal of the obstructions
aforesaid.
PASSED Aid ) ADOPTED this 26th day of August, ,.. D. 1935.
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