Resolution 6653 i
RESOLUTION NO. 6653
WHEREAS, the City Council of the City of Miami Beach
Florida, did on the 8th day of September, 1948, grant permission
to Belmar Hotel to construct a swimming pool on that certain strip
of land lying east of Miami Beach Drive and in front of the Belmar
Hotel Property in Miami Beach, Florida, which said Belmar Hotel
Property is more fully described as follows:
Lots 1, 2 and 3 of Block 6 of
Miami Beach Improvement Company's
Ocean Front Property, according
to the Plat thereof, recorded in
Plat Book 5 at pages7&8,of the
Public Records of Dade County,
Florida;
and
WHEREAS said City Council did thereafter grant a permit
to said Belmar Hotel and to Surf Properties, Inc. , to construct and
extend a bulkhead line in front of said property seventy-five (75)
feet eastwardly from the present bulkhead line, and
WHIREAS, by virtue of the aforesaid action by said City
Council the Building Inspector of the City of Miami Beach did on
September 9, 1948, issue a building permit No. 28194 to Belmar Hotel
and did on September 13, 1948, issue a building permit No. 28221 to
Surf Properties, Inc. , and
WHEREAS since the granting of said permits the City Council
has conferred at length with its attorneys and now finds that said
permits were granted under a mistake of fact and under a misconception
of the law, and
WHEREAS, said City Council deems it to be to the best in-
terest of the City of Miami Beach to assert and insist upon the rights
of the public in and to the property lying east of said Miami Beach
Drive and hereinbefore referred to as heretofore set forth in that
certain decree entered by the United States District Court for the
Southern District of Florida in the case of Kane versus City of Miami
Beach,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that the action heretofore taken by
said City Council in granting said permits be andthe same is hereby
rescinded and that said permits heretofore issued as aforesaid be
and the same are hereby revoked.
BE IT FURTHER RESOLV;T, that the City Clerk be and he is
hereby directed to immediately furnish certified copies of this resolu-
tion to Belmar Hotel, to Paul Pollak, operator of the said Belmar Hotel,
and to Surf Properties, Inc.
PASSED and ADOPTED this 17th day of September, A.D. 1948.
41
4ayor
Attest: C. W. Tomlinson
Cit C erk
By
Deputy Cit Clerk
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