Resolution 6156 December 3, 1946
TO: The City of Miami Beach
Attention: Mr. Claude A. Renshaw, City Manager
Miami Beach, Florida
The Miami Beach Improvement Company subdivided and platted
its Ocean Front Property, the current plat being the Amended Map dated
June, 1915, as recorded in Plat Book 5, pages 7 and 8, Dade County Records.
Miami Beach Improvement Company conveyed a portion of its land,
now known as Collins Park, to the City of Miami Beach, by a deed, con-
taining a reverter clause, dated August 9, 1920. That conveyance in-
cludes 400 feet of Ocean Front.
The City has contendedthat all of the original Ocean Front
Strip was dedicated by Miami Beach Improvement Company to public use,
as a result of which there has been extended litigation. In a suit in-
volving the Belmar Hotel's ocean frontage, and in another suit involv-
ing the Thomkin Corporation's ocean frontage, the trial Courts held
that there was a dedication. No appeals were taken. Improvement Company
was not a party to those suits.
After those decrees, the Supreme Court of Florida, in two suits
between the City and Improvement Company, held that Improvement Company
had never dedicated any part of the original Ocean Front Strip.
Improvement Company still owns certain portions of the Ocean
Front Strip, opposite street ends.
(1) As a result of discussions between the writer and Mr. Ren-
shaw, Improvement Company, on the conditions hereinafter named, submits
the following proposal:
To sell and convey to City of Miami Beach by special
warranty deed those portions of the Ocean Front Strip gen-
erally described as follows:
(a) east of Miami Beach Drive lying between the north
and south lines of 27th Street, formerly 3rd Street,
extended to high water mark of the Atlantic Ocean;
(b) east of Miami Beach Drive lying between the north
and south lines of 26th Street, formerly 2nd Street,
extended to high water mark of the Atlantic Ocean;
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December 3, 1946
(c) east of Miami Beach Drive lying between the north
and south lines of 25th Street, formerly 1st Street,
extended to high water mark of the Atlantic Ocean;
(d) east of Miami Beach Drive lying between the north
and south lines of 24th Street, formerly Hotel
Place, extended to high water mark of the Atlantic
Ocean;
And to sell and convey to the City by quitclaim deed, or
by bargain and sale deed, without warranty, all of Improvement
Company's right, title and interest in and to -
(e) the Ocean Front Strip comprised within present
22nd Street, formerly Ocean Avenue, extended east
to high water mark of the Atlantic Ocean;
(f) the Ocean Front Strip comprised within present
21st Street, formerly Park Avenue, extended east
to high water mark of the Atlantic Ocean.
(2) All of such conveyances to be made subject to all limitations
and restrictions of record, all taxes, if any, assessed or accrued and un-
paid against said lands; and subject to an 8-1/2 months' lease on Parcel
(d) expiring May 31, 1947; and subject to an 8 months' lease on Parcel (a)
expiring May 1, 1947; without proration of any rents heretofore received
by seller for such rental period.
Seller will furnish abstract of title.
(3) All the above is upon condition that the City of Miami
Beach will, as considerations therefor, -
(a) accept this proposal within the time hereinafter pro-
vided; and thereafter perform the other conditions,
within the time provided;
(b) pay a total purchase price of $100,000.00, payable
420,000.00 cash upon delivery of deeds, the balance
payable in four annual installments of $20,000.00,
each bearing interest at the rate of 2-1/2 per cent
per annum, payable semiannually, and evidenced and se-
cured by City's four notes and a purchase money mort-
gage upon all of the lands;
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December 3, 1946
1 (c) enter into such written stipulations and agree-
ments, and join in obtaining such orders and
decrees of Court as, in the judgment of our coun-
sel, may be necessary to effectually clear and
quiet the title of Improvement Company and its
assigns of and against any and all claims or rights
of the City of Miami Beach and the public in, to
or upon any part or portion of the entire original
Ocean Front Strip under any and every alleged
dedication, express or implied, however made, or
claimed to have been made, including the unaccepted
and ineffective offer made in the Amended Map in
1915 to dedicate the right to erect an elevated
boardwalk, so as to clearly shoe and confirm that
any claims or rights of the City and the public in
any portion of the original Ocean Front Strip are
limited to, and exist only under, the conveyance of
the Collins Park property to the City and under the
conveyances herein proposed to be made; excepting only
that the foregoing shall be without prejudice to such
rights as the City on the one hand and Improvement Com-
pany and its successors, assignees, and grantees, and
those claiming under it, on the other hand, may have
with respect to an alleged dedication for bathing
beach purposes in the Belmar Hotel and Thomicin Corpora-
tion portions of the Ocean Front Strip, in view of the
decrees in the several suits above mentioned.
(d) to adopt such official resolutions and take such of-
ficial action as may be authorized or required by law
for the City to purchase said property and become
obligated to pay for the same as aforesaid, and for
the performance of the other conditions herein speci-
fied.
(4) This offer shall be effective until noon December 12, 1946;
and if not officially accepted within such time by the City' s taking the
action provided for in paragraph "3" (a) and (d) above, and notifying this
Company in writing of such acceptance and providing us with a true copy
of the proceedings showing such action a.na acceptance, then the offer shall
terminate and be and become null and void.
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December 3, 1946
If accepted, the City shall perform as required
1 under paragraph "3(b)" and "3(c)" above within thirty (30) days
of such acceptance, otherwise said offer shall terminate and, at
Improvement Company's option, be and become null and void.
In other words, it is contemplated that in any
event the deal shall be closed and finished up before January 12,
1947.
Yours very truly,
THE MIAMI BEACH IMPROVEMENT COMPANY
RUSSELL T. PANCOAST,
President
RESOLUTION N0 . 6156
WHEREAS, The Miami Beach Improvement Company is the
owner of the fee simple title in and to the following des-
cribed lands situate, lying and being in Miami Beach, Dade
County, Florida , to-wit:
Those portions of the Ocean Front Strip
generally described as follows :
(a ) East of Miami Beach Drive lying between
the north and south lines of 27th Street,
formerly 3rd Street, extended to high water
mark of the Atlantic Ocean ;
(b) East of Miami Beach Drive lying between
the north and south lines of 26th Street,
formerly 2nd Street, extended to high water
mark of the Atlantic Ocean;
(c ) East of Miami Beach Drive lying between
the north and south lines of 25th Street,
formerly 1st Street, extended to high water
mark of the Atlantic Ocean;
(d) East of Miami Beach Drive lying between
the north and south lines of 24th Street,
formerly Hotel Place , extended to high water
mark of the Atlantic Ocean;
and
WHEREAS, said The Miami Beach Improvement Company has some
right, title and interest in and to the following described lands
situate , lying and being in Miami Beach, Dade County, Florida,
to-wit :
Those portions of the Ocean Front Strip
generally described as follows :
(e ) The Ocean Front Strip comprised within
present 22nd Street, formerly Ocean Avenue,
extended east to high water mark of the
Atlantic Ocean;
(f) The Ocean Front Strip comprised within
present 21st Street, formerly Park Avenue,
extended east to high water mark of the
Atlantic Ocean;
and
1ViEHEAS, The Miami Beach Improvement Company has made a
written proposal, under date of December 3rd, 1946, to sell and
convey to the City of Miami Beach, by special warranty deed, the
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parcels of land above-described and designated as parcels
(a) , (b) , ( c) and (d) and to sell and convey to said City by
quit-claim deed, all of said The Miami Beach Improvement Com-
pany' s right, title and interest in and to the parcels of
land above-described and designated as parcels (e) and (f) ,
the terms and conditions of said purchases being fully set
forth in said written proposal which is hereto attached and
made a part hereof; and
WHEREAS, the City Council of the City of Miami Beach, Flo-
rida, deems it to be to the best interest of said City and of
the citizens thereof, to accept said proposal and to consummate
the transaction therein outlined,
NO4'i, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that said proposal be and the
same is hereby accepted and that the Mayor and the City Clerk
be and they are hereby authorized and directed to execute, in
the name of and on behalf of said City, any and all instruments
which may be necessary and to pay out of funds of the City avail-
able for such purpose the monies required to consummate said trans-
action, all of said instruments to be subject to the approval of
the City Attorney.
PASSED and ADOPTrL) this 9th day of December, A. L. 1946. •
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City C erk
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