Resolution 7922 R L,SOLUTION NO. 7922
WHEREAS, the City Council of the City of Miami Beath ,
Florida, heretofore found it necessary to increase the width of
that portion of Indian Creek Drive which adjoins Lots 11 to 40,
inclusive, of Block 3 of SECOND OCEAN FRONT SUBDIVISION according
to the amended plat thereof recorded in Plat Book 28, at page 28,
of the Public Records of Dade County, Florida, and
WHEREAS, 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, in-
clusive, from the owners thereof, and
;IH REAS, the northerly 25 feet of Lot 24 and the southerly
25 feet of Lot 25 of Block 3 of said subdivision is owned by HENRY
ELLIOTT and MARY ELLIOTT, his wife, and HERMAN B. OBiMAN and EVA
OBa MAN his wife, are the lessees under a long term lease encumber-
ing said property, and FIRST F D{AL SAVINGS & LOAN ASSOCIATION OF
MIAMI is the owner and holder of a mortgage encumbering said land
and CORONET APARTMENTS, INC. , a Florida corporation, is the owner
and holder of a mortgage encumbering said long term lease, and OCEAN
BREEZE APTS. , INC. , a Florida corporation, is a former lesee under
said long term lease and joined in the mortgage held by FIRST FEDERAL
SAVINGS & LOAN ASSOCIATION, and the notes secured thereby, and
WIIEREAS, said owners and said lessees 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 portion
of said Lot 24, in consideration of the expenditures to be made on
their behalf by the City of Miami Beach as hereinafter set forth, and
WHIMEAS, in contemplation of said dedication and said
expenditures by the City the predecessor in title of the said owners
caused to be filled 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 portion of said Lots 24 and 25, and constructed a
sea-wall and bv?lkhead for the purpose of protecting and retaining the
said fill, the area so filled being equal in depth and area to the
depth and area of the strip of the land to be dedicated, and
JHEREAS, the sum of $2,987.00 for the construction of said
sea-wall or bulkhead and the sum of y 774.39 for the construction of
said fill are due and unpaid to M. F. Comer Bridge & Foundation Co. ,
and
'.1HEREAS, an agreement has been prepared by the terms of
which the following is provided for: -
1. The City will deliver to the owners deeds from the
Trustees of the Internal Improvement Fund of h e State of Florida
conveying the tract of land heretofore filled and bulkheaded as
aforesaid and also an additional strip of submerged land lying
immediately westerly thereof.
2. The City will pay to M. F. Comer Bridge & Foundation
Co. the sum of •; 3 ,761.39 in full payment for the construction of said
bulkhead and fill.
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OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA
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3 . The owners and lessees will join in the execution
and delivery to the City of a deed dedicating the strip of land
for street widening purposes heretofore referred to.
4. The mortgagees heretofore referred to will deliver
instruments releasing from their mortgages the strip of land re-
ferred to in Item 3 .
5. The lessees under the long term lease heretofore
referred to will agree to repay to the City the sum of . 1, 750.00
representing a portion of the amount paid by the City to M. F.
Comer Bridge & Foundation Co. , as aforesaid, such repayment to be
made in ten (10) equal annual installments beginning on November
15, 1952, with interest from November 15, 1951, at the rate of four
(4;0) percent per annum payable semi-annually on sums remaining from
time to time unpaid, and the City will have a lien against the
lessees ' interest for the said sum of 41,750.00 and interest until
it has been paid, and
:THEREAS, the City Council deems it to be to the best
interest of the City to enter into such agreement.
N0J, THEREFORE, BE IT RESOLV: by the City Council of
the City of Miami Beach, Florida, that the Mayor and the City Clerk
be and they are hereby authorized to execute said agreement for and
in the name of said City, and the disbursing officers of the City
be and they are hereby authorized to pay, out of funds of the City
available for such purpose, to ii. F. Comer Bridge & Foundation Co.
the sum of 6,761.39, as provided for in said agreement.
r PASSED and ADOPTEDthis 6th day of February
A. D. 1952.
it- _a_Mayor
Attest:
City Clerk
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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