Resolution 5550 RESOLUTION NO. 5550
,_]: AS during the year 1935 a building was
erected upon Lots 10, 11 and 12 of Harrison-Hayes Subdivision
excepting a portion of Lot 10, and
WHEREAS, a controversy had arisen regarding the
ownership of the front 9 feet facing Collins Avenue of the
above property, wherein the City of Miami peach had made claim
of ownership to the said 9 front feet; and
WHEREAS, The City of Miami Beach issued a permit
to the owners of the property in 1935 for the erection of a
store building, and
WHEREAS, a part of the building was built upon
the said 9 feet of the property, the ownership of which is
claimed by the City of Miami Beach, and
WHEREAS, the encroachment was unintentional and
caused by the error of the contractor, and
WHEREAS, it has been made to appear to the City
Council that the encroachment upon the property has prevented
the owners from receiving certain sums of money now held in
escrow by reason of said encroachment and by reason of a mort-
gage executed by the owners , which mortgage terminates on the
4th day of March, 1950.
NOW, THEREFORE, be it resolved by the City Council
of L:iami Beach, Florida that so far as this Council has the
power to bind the City of Miami Beach in the premises , no action
of any kind whatsoever shall be taken by said City to require
the owners, their heirs or assigns to move or remove the
structure or structures on said land by reason of said encroach-
ment prior to March 4, 1950.
PASSED and ADOPTED this 3rd day of June, A. D. ,
1942. -4/57. L'71
T.iayor _ --------
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