Resolution 7997 •
RESOLUTION NO. 7997
WHEREAS, May N. Kimball is the owner in fee of the following
described real estate situate in Miami Beach, Dade County, Florida,
to-wit:
Lot 24, >lock 4, ORCHARD SUBDIVISION
No. 4, according to the Flat . thereof,
recorded in Plat Book 25, at page 30,
of the Public Records of Dade County,
FlorAda,
AND, WHEREAS, the City of Miami Beach has heretofore instituted
condemnation proceedings in the Circuit Court of Dade County, Florida
for the acquisition of the said real estate for municipal parking
purposes, and
WHEREAS, thereafter on February 12, 1952, the said May N. Kimball
and J. C . Kimball, her husband, entered into an agreement for the sale
and purchase of the said real estate which agreement called for the
closing of the said transaction on or before May 1, 1952, and
WHEREAS, the said May IT. Kimball and J. C. Kimball, her husband,
have represented to the City Council of the City of Beach that
they are in the process of purchasing a home in the place and stead
of the hereinabove real estate and are unable to secure possession
thereof for several weeks and that they, therefore, have requested the
City Council of the City of Miami Beach to permit them to continue in
possession of the said real estate until not later than the 31st day
of May, 1952, and
WHEREAS, the said May N. Kimball and J. C. Kimball, her husband,
have not closed the transaction on or before Nay 1, 1952, as called
for by said agreement, and
WHEREAS, the City of Miami Beach is desirous of letting contracts
for the demolition and removal of the improvements on the said land
forthwith, and time being of the essence in the acquisition of the said
real estate, and
WHEREAS, the City Council of the City of Miami Beach is disposed
to grant to the said May N. Kimball and J. C. Kmball, her husband,
permission to continue to occupy said real estate until not later than
I•Iay 31, 1952, provided, however, that the said May N. Kimball and
J. C . Kimball, her husband, close the sale of the said land not later than
May 3, 1952, and
WHEREAS, the City Attorney has prepared an agreement with the terms
of which the City Council is familiar and which Provides that the said
May N. Kimball and J. C . Kimball, her husband, will close the sale of
the said real estate not later than May 8, 1952, and which further pro-
vides that in the event said May N. Kimball and J. C. Kimball, her hus-
band, or anyone claiming by, through or under them, continue to occupy
the said real estate on May 31, 1952, that they shall be deemed to be
trespassers and the City of iiami Beach, or its nominee, shall be auth-
orized and permitted to remove the said May N. Kimball and J. C. Kimball,
her husband, or anyone claiming by, through or under them, with such
force as may be necessary, and shall be further authorized to simul-
taneously and immediately commence the demolition and removal of the
improvements on said real estate, all without any liability of whatso-
ever nature, to the City or its nominee, and a release of the City of
Miami Beach, or its nominee, in the event of such forceful removal, and
WIDEREAS, the said Nay N. Kimball and J. C . Kimball, her husband,
have executed said agreement,
-1-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
I
NOW, THEREFORE, BE IT H .SOLVED by the City Council of the City
of Miami Beach, Florida, that the Mayor and the City Clerk be and
they are hereby authorized and directed to execute the said agreement
so exhibited to the City Council of the City of Miami Beach, for and
on behalf of the said City.
PASSED and ADOPTED this 7th day of May, A. D. 1952.
Mayor
Attest:
City Ulerk
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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