Resolution 7923 RESOLUTION NO. 7923
`:JHEREAS, the City Council of the City of Miami Beach,
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 23, at page 28,
of the Public Records of Dade County, Florida, and
JHEREAS, 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
JHEREAS, the south 50 feet of Lot 24 of Block .3 of said
subdivision uY
is owned byHENRY ELLIOTT and MARY ELLIOTT, his wife,IER,JAN B. OBE 11111:. and EVA OBERMAN, his *ife, are the lessees
under a long term lease encumbering said property, and FIRST FEDIMAL
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 encumber-
ing said long term lease, and OCEAN BREEZE APTS. , INC. , a Florida
corporation, is a former lessee under said long term lease and
joined in the mortgage held by FIRST FgDERAL SAVINGS & LOAN ASSOCIA-
TION, and the notes secured thereby, and
WHEREAS, said owners and said lessees have heretdbre
indicated their willingness to dedicate to the public2 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
WHEREAS, 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 ad-
jacent to said portion of said Lot 21j., and constructed a sea-wall
andbulkhead 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
J:,EREAS, the sum of $2,987.00 for the construction of
said sea-wall or bulkhead and the sum of 1774.39 for the construction
of said fill are due and unpaid to M. F. Comer Bridge & Foundation
Co. , and
WHEREAS, 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 the State of Florida
conveying the tract of land heretofore filled and bulkheaded as
aforesaid , and. also an additional strip of submerged land lying
immediatey westerly thereof.
2. The City will pay to M. F. Comer Bridge & Foundation
Co. the sum of 43 ,761.39 761.39 in full payment for the construction of
said bulkhead and fill.
OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA
T- -
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
referred 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 �; l,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 ;) 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 411,750.00 and interest until
it has been paid, and
':1HEREAS the City Council deems it to be to the best
interest of the City to enter into such agreement.
NO:d, THEREFORE, BE IT RESOLVED 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 M. F. Comer Bridge & Foundation Co. ,
the sum of :A1761.391 as provided for in said agreement.
PASSWD and ADOPTED this 6th day of February ,
A. D. 1952.
4—'AC— _
Mayor
I
Attest:
City Clerk
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
4
a� ro
a)
C1-1 (1) o a,
Cr) o > 111 rr)
N- o 4. q u1 p1
•H
d Z ( 0 �� � ,0 x
H z a) 0 � • rl CO
HE-i v�I Cd -P
O O N izO N S a)
(_1 . lt-I H
4ai a) 0
acd row,
;-f 4-) 273 a) 5
t 0•ri h 14-1 0
cd 3 00
f'�