Resolution 6325 RESOLUTION NO. 6325_
WHEREAS, the City of Miami Beach, Florida, by Resolution
No. 6156 duly passed and adopted by the City Council of the City of
Miami Beach, Florida, on December 9, 1946, has accepted a certain
written proposal of The Miami Beach Improvement Company, referred to
and set forth in said Resolution No. 6156;
And, whereas, in accordance with said proposal, the City of
Miami Beach is obligated and required to execute such instruments as
may be necessary to effectually clear and Quiet the title of the said
Miami Beach Improvement Company and its assigns to the entire Ocean
Front Strip hereinafter described, of, and against, any and all claims
or rights of said City of Miami Beach and of the public under or by
virtue of any and every alleged dedication, express or implied, however
made or claimed to have been made, as more fully appears from said writ-
ten proposal dated December 3, 1946, and from said Resolution No. 6156;
And, whereas, said The Miami Beach Improvement Company did make
and file on December 11, 1912, its "Map of the Ocean Front Property of
the Miami Beach Improvement Co.," which was duly recorded on December 11,
1912, in Plat Book 2, at pages 47 and 48, of the Public Records of Dade
County, Florida, which said Map contained, among other things, a written
offer of dedication in the following words and figures, to-wit:
"That said company does hereby also dedicate to the
perpetual use of the public the right to erect and main-
tain an elevated board walk parallel with said low water
line of said Ocean, extending across said real estate
hereinabove described, from South to North, from a point
where the North line of Ocean Ave., as shown by said Map,
if extended, would intersect said low water line of said
Atlantic Ocean to the South Line of Lot Numbered one (1)
of Block numbered eleven (11) , as shown by said Map.";
And, whereas, said The Miami Beach Improvement Company also
thereafter, on February 10, 1916, filed its "Amended Map of The Ocean
Front Property of the Miami Beach Improvement Company," which was duly
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recorded on February 10, 1916, in Plat Book 5, at pages 7 and 8,
of the Public Records of Dade County, Florida, which said Map con-
tained, among other things, a written offer of dedication in the fol-
lowing words and figures, to-wit:
"That the said company does hereby also dedicate
to the perpetual use of the public the right to con-
struct and maintain a public walk, running parallel with the
Ocean Front, from the South line of Block B to the South
line of Lot 1 of Block 11, as shown on the attached map";
And, whereas, neither of the above quoted offers of dedica-
tion was, or has been, ever accepted by the public or by the City of
Miami Beach, and for more than thirty (30) years The Miami Beach Im-
provement Company and its assigns, as owners of the said real property
affected by said offers of dedication, have claimed and exercised full
title, right, possession, use and control of said real property adverse-
ly and to the exclusion of any right or interest therein by the City of
Miami Beach or the public under or by virtue of either or any of said
quoted offers of dedication, so that the said City of Miami Beach and
the public have never acquired and do not have any right, claim or
interest in or to said real property under or by virtue of either or
any of said offers of dedication hereinabove quoted;
NOW, THEREFORE, BE IT RESOLVED that the City of Miami Beach,
Florida, and the public have never accepted either or any of said quoted
offers of dedication and have never claimed, and do not now have or claim
any right, title, claim or interest under the same in or to the lands af-
fected thereby, and each of said quoted offers of dedication is hereby
declared and deemed to have been fully and effectively revoked, and to
be of no effect whatsoever.
BE IT FURTHER RESOLVED, by the City Council of Miami Beach,
Florida, that the Mayor and the City Clerk be and they hereby are author-
ized and directed to execute and deliver in the name of and on behalf of
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said City such instrument or instruments as The Miami Beach Im-
provement Company may deem necessary and proper aid may request
to further evidence, or assure the effectiveness of, this deter-
mination and declaration that said City and the public have not
had or claimed, and do not have or claim, any right, title, claim
or interest, of any nature what soever under either of said offers
of dedication hereinabove quoted in or to the lands affected
thereby, and to execute and deliver any instrument or instruments
which The Miami Beach Improvement Company may deem necessary and
proper and may request , for the execution of which the City may
be obligated pursuant to said Improvement Company' s proposal of
December 3, 1946, and said Resolution No. 6156 accepting the same;
provided, however, that, as set forth in The Miami Beach Improve-
ment Company' s said proposal of December 3, 1946, all of the fore-
going shall be without prejudice to such rights as the City on
the one hand and Improvement Company 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 pur-
poses in the Belmar Hotel and Thomkin Corporation portions of the
Ocean Front strip, in view of all of the several suits and decrees
mentioned in said proposal.
FASSED and ADOPTED this 11th day of June, A. D. 1947.
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/ Mayor
Attest :
City G1erk
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