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Resolution 6985 RESOLUTION NO. 6985 WHEREAS Louis Miller , and Minnie Miller, his wife, and Harry Miller and Jeanne E. Miller, his wife, have pro- posed to sell to the City of Miami Beach, Florida, for the price and on the terms set forth in said proposal, a copy of which is hereto attached, the following described lands, situate in Miami Beach, Florida, to wit: Lots Thirty-three (33) and Thirty-four (34) in Block One (1) , all in SECOND OCEAN FRONT SUBDIVISION of the Miami Beach Bay Shore Company, as the same are shown, marked and designated on an Amended Plat of said Sub- division, recorded in Plat Book 28 at Page 28 in the Office of the Clerk of the Circuit Court in and for Dade County, Florida; also The Southerly twenty-five (25) feet of Lots Thirty-five (3 5) in Block One (1) of said Second Ocean Front Subdivision of the Miami Beach Bay Shore Company, according to the Plat aforesaid, and more particularly de- scribed as folows: Beginning at a point which is the inter- section of the dividing line between Lots Thirty-four and Thirty-five (34 & 35) of Block One (1) and Easterly line of Collins Avenue, as same are shown on a Plat entitled "Amended Plat of Second Ocean Front Sub- division" , recorded in Plat Book 28 at Page 28 of the Public Records of Dade County Florida, run in a Northerly direction along the easerly line of Collins Avenue a dist- ance of twenty-five-and-nine-thousandths (25.009) feet to a point, thence run in an easterly direction along a line parallel to and twenty-five (25) feet distant northerly from the dividing line between said Lots Thirty-four and Thirty-five (34 & 35) , a distance of two hundred forty (240) feet, more or less, to the mean high water line of the Atlanic Ocean; thence run in a southerly direction meandering said mean high water line of the Atlantic Ocean a distance of 25.1 feet to a point, said point being on the dividing line between said Lots Thirty-four and Thirty-five of Block One (1) ; thence run in a 4esterly direction along the dividing line between said Lots Thirty-four and Thirty-five (34 & 35) of Block One (1) a distance of two hundred forty-three (243) feet, more or less, to the point of beginning; and WHEREAS The City Council of said City deems it to be to the best interest of said City to acquire said property at said price and on said terms, for park purposes and for other Municipal purposes, OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA N01d , THEREFORE, BE IT RESOLVED by the City Council of the City of l'Iiami Beach, Florida, that said proposal be and the same is hereby accepted on behalf of said City and the City Manager be and he is hereby authorized and directed to consummate said transaction upon the approval of the title by the City Attorney, to pay over the cash payment provided for in said proposal out of funds of said City available for the pur- pose, and that the Mayor and the City Clerk be and they are hereby authorized and directed to execute, on behalf of and in the name of said City, the promissory notes and purchase money mortgage referred to and described in said proposal. ±ASS D and ADOPTED this 3rd day of August, A.D. 1949. 0"A rAA)( Mayor Attest: City Clerk i,_iami Beach, Florida Honorable City Council City of Liami Beach b:iami Beach, Florida Gentlemen: The undersigned hereby offer to sell to the City of L.iami Beach the following described property, to-wit: Lots Thirty-three (33) and Thirty-four (34) in Block One (1) , all in SF,COiND OCEAli F!CNT SUBDIVISIOI; of the Liami Beach Bay Shore Company, as the same are shown, marked and designated on an Amended Flat of said Sub- division, recorded in Flat Book 28 at Page 28 in the Office of the Clerk of the Circuit Court in and for Dade County, Florida; also The Southerly twenty-five ( 25) feet of Lots Thirty-five ( 35) in Block One (1) of said Second Ccean Front Subdivision of the Liami Beach Bay Shore Company, according to the Flat aforesaid, and more particularly de- scribed as follows: Beginning at a point which is the inter- section of the dividing line between Lots Thirty-four and Thirty-five (34 & 35) of Block One (1) and Easterly line of Collins Avenue , as same are shown on a Flat entitled "Amended Flat of Second Ocean Front Sub- division" , recorded in Plat Book 28 at Page 28 of the Public Records of Dade County, Florida, run in a Uortherly direction along the easterly line of Collins Avenue a dist- ance of twenty-five-and-nine-thousandths (25.009) feet to a -point , thence run in an easterly direction along a line parallel to and t:.enty-five (25) feet distant northerly from the dividing line between said Lots Thirty-four and Thirty-five (34 & 35) , a distance of two hundred forty ( 240) feet , more or less, to the mean high water line of the Atlantic Ocean; thence run in a southerly direction meandering said mean high water line of the Atlantic Ocean a distance of 25.1 feet to a point , said point being on the dividing line between said Lots Thirty-four and Thirty-five of Block One (1) ; thence run in a .;esterly direction along the dividing line between said Lots Thirty-four and Thirty-five ( 34 & 35) of Block Cne (1) a distance of two hundred forty-three (243) feet, more or less, to the point of beginning; for the total purchase price of Two Hundred Eighty-Five Thousand Dollars (.ti;285 ,000.00) , payable as follows: r Twenty-eight Thousand, Jive Hundred Dollars ( 28,500.00) at time of closing, and the balance of the purchase price in the sum of Two i_undred Fifty-six Thousand , Five Hundred Dollars (. ;256,500.00) to be evidenced by a promissory note or notes for said sum, payable to the undersigned at the rate of Twelve Thousand, Light Hundred Twenty-five Dollars (:; 12,825 .00) semi-annually, commencing six months from the date of said note or notes. Said note or notes shall bear interest at the rate of three-and- a-half per cent ( 3d) per annum, payable semi- annually at the time of the principal payments. Said note or notes are to be secured by a Purchase- Loney First Lortgage of even date therewith, cover- ing the above described property, and securing said sum of Two Hundred Fifty-six Thousand, Five Hundred Dollars (256,500.00) . Said note or notes and mortgage shall further contain a clause providing for prepayment of said note or notes and mortgage , or any part thereof, by the Lortgagor ,, at any time before maturity, without penalty or premium, and further providing for acceleration of the unpaid balance thereof upon any default in said note or notes and mortgage which shall continue for thirty (30) days. The undersigned agree to furnish an Abstract showing a good and marketable title in the undersigned , free and clear of all encumbrances, except restrictions , conditions and limitations of record common to the neighborhood, Zoning Crdinances of the City of i._iami Beach, and Taxes for the year 1949 which are to be prorated as of the date of closing. The transaction contemplated herebybe p is to closed on or before September 12, 1949. In the event that title shall not be found good and marketable , the undersigned agree to use reasonable -diligence to make said title good and marketable , and shall have a reasonable time to do so; and if, after reasonable diligence on their part , said title shall not be made good and marketable within a reasonable time, all parties shall be released from all further obliga- tions hereunder , or, upon request , said title shall be de- livered in its existing condition. This offer shall be accepted and shall become a valid contract binding upon the undersigned and the City of i..iami Beach, Florida, upon passage of a _resolution by the City Council of the City of Liam' Beach, accepting said offer upon the terms and conditions hereinabove set forth. This offer is presented by A• arnest Woolfe, registered Real '.:state 3roker , for and on behalf of the undersigned sellers. Respectfully submitted, .�.= I 0 010, ALGA, / 3JLL-RS 0L-• (BR UK+iR -2- 4-� •d SOU 4-31r\ N O� N • piHO w H Q' • pN4-,O O O F-1 ti0 0 F4 1 U 4-400 cD U U O .4 44 0 44 I s • ` ' `s 1