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Resolution 7392 • RESOLUTION NO. 7392 WHEREAS, the City Council of the City of Miami Beach, Florida, has heretofore found it to be necessary to increase the width of that portion of Indian Creek Drive adjacent on the east to Lots 11 to 40, inclusive, of Block 3 of SECOND OCEAN FRONT SUBDIVISION according to the amended plat thereof, recorded in Plat Book 2d, at page 28, of the Public Records of Dade County, Florida, and rHERA3, in order to increase the width of said Indian Creek Drive as aforesaid, it is necessary to acquire an easement over a strip of land off the east side of said Lots 11 to 40, inclusive, from the owners thereof, and ',dHEREAS, Lot 35 of Block 3 of said Subdivision is- owned by Prudential Realty, Inc. , a Florida Corporation, and 6790 Indian Creek Drive Corp. , a Florida Corporation, is the essee under a long term lease encumbering said property, and AEREAS, said owner and said lessee have heretofore indicated their willingness to dedicate to the Public for street and sidewalk purposes a strip of land off the east side of said Lot 35 in con- sideration of certain payments to be made by the City of Miami Beach as hereinafter set forth, and WHEREAS, in contemplation of said dedication and said pay- ments, the said 6790 Indian Creek Drive Corp. , employed M. F. Comer Bridge & Foundation Company to fill to an elevation of 2. 5 feet above .,mean high water, a tract of submerged land in Indian Creek lying westerly of and adjacent to said Lot 35, and to construct a seawall or bulkhead for the purpose of retaining and protecting the said fill, the area so filled being equal in depth and area to the depth and area of the strip of land to be dedicated to the City for street and sidewalk purposes as aforesaid , and WHEREAS, said fill and seawall has been constructed by the said M. F. Comer Bridge a Foundation Company to whom there is due on account thereof, the sums of .;;395.92 for the fill and ; 5, 140. 56 for the seawall, respectively, and WHEREAS, the City of Miami Beach has, at its expense, procured a deed of conveyance from the Trustees of the Internal Improvement Fund of the State of Florida conveying to the said Prudential Realty, Inc. , the tract of submerged land which has been filled as aforesaid and which is described and bounded as follows, to-wit: Bounded on the west by a portion of the line described as follows : Beginning at a point on the westerly extension of the northerly line of Lot Thirty-four 01-0 , Block Three (3) , Amended Plat of Second Ocean Front Subdivision, according to plat recorded in Plat Book 28, at page 23, of the Public Records of Dade County, Florida, said point being Forty- six (46) feet westerly of the westerly line of said Block Three (3) ; thence run in a northerly direction to a point on the westerly extension -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA of the northerly line of Lot Thirty-six (36) of said Block Three (3) ; said point being Forty-six (46) feet westerly of the westerly line of said Block Three (3) ; bounded on the southerly side by the westerly extension of the southerly line of Lot Thirty-five (35) of said Block Three (3) to its intersection with the ' above described westerly boundary, said point of intersection being Forty-six (46) feet wes- terly of the westerly line of said Block Three (3) ; bounded on the northerly side by the wes- terly extension of the northerly line of said Lot Thirty-five (35) to its intersection with the above described westerly boundary, said point of intersection being Forty-six ( 46) feet, more or less, westerly of the westerly line of said Block- Three lockThree (3) ; bounded on the easterly side by the westerly line of said Block Three (3) . IJO;a1, THEREFORE, BE IT RESOLV I) by the City Council of the City of Miami Beach, Florida? that upon the delivery to the City of a deed by the terms of which the easterly forty (40) feet of said Lot 35 is dedicated to the public for street and sidewalk purposes, and the payment to L. F. Comer Bridge & Foundation Company by the said 6790 Indian Creek Drive Corp. , of the sum of 42,926.00 on account of the cost of the aforesaid bulkheading, the City idaaager be and he is hereby authorized to deliver to Prudential Realty, Inc. , the deed from the Trustees of the Internal Improvement Fund afore- mentioned and out of funds of the City available for the purpose, to pay to M. F. Comer Bridge & Foundation Company, the sum of J395.92 in full payment for said fill, and the sum of ,12,214. 56 which, together with the 4)2,926.00 to be paid by said 6790 Indian Creek Drive Corp. , as aforesaid, will constitute full payment for the aforementioned bulkhead. PASSED and ADOPTED this 20th day of December, :�. D. 19 50 . ilk,r(-1TA1( Mayor Attest: (�!t✓(J 'ity erk 164:61 e 1 if OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 4-, 4) : b d) 'H • F O 0Q1 O � 4' N cti 4�t W N N ;1 .4-z cr)N O J iii • o n .,� r-I 4 O Ht0bH :5 z 00H4-1 1-4H z a . O HH 4 F-1 a) O -r+ c -ri N a0 V) O Q ;; P r + Cj • O o N 4) o ri +1-4ar-i F4 0 .o a 1