Resolution 10261-41
RRenr,UTION No. 10261
WHEREAS, the City of Miami Beach has recently
obtained a judgment in condemnation proceedings in which
it acquired the title to Lots 1 and 2, Block "D", ATLANTIC
HEIGHTS, according to the plat thereof recorded in Plat
Book 9, page 14 of the public records of Dade County,
Florida; and
WHEREAS, KOMOKO CORPORATION, the defendant in said
condemnation proceedings, has taken an appeal to the District
Court of Appeal of Florida, Third District, from said
judgment; and
WHEREAS, Komoko Corporation is also the owner of
Lot 12 of said Block "D", which said Lot 12 is contiguous
to and immediately east of said Lot 1 of Block "D"; and
WHEREAS, the City intends to use the land acquired
by said condemnation proceedings for the purpose of operating
an automobile parking lot thereon; and
WHEREAS, KOMOKO CORPORATION has agreed that it will
dismiss said appeal and will abide by the decision in the
condemnation proceedings, provided that the City will grant
to Komoko Corporation, its agents, employees, guests, successors
and assigns, the right of access from said Lot 12, Block "D"
to said Lots 1 and 2, Block "D", so long as said Lots 1 and
2 are maintained as a public parking lot, and for the purpose
of enabling the said corporation to enjoy said right, the
City of Miami Beach will provide an opening, not exceeding
ten (10) feet in width, in any fence or wall which it may
construct along the east line of said Lot 1, so as to permit
the said corporation, its agents, employees and guests, free
access to said parking lot, the said opening to be along
the east line of the south ten (10) feet of said Lot 1; and
WHEREAS, the Legal Department has prepared an instrument
embodying such agreement, with the terms of which the City
Council is familiar; and
WHEREAS the City Council of the City of Miami Beach
deems it to be to the best interest of the City to enter
into such agreement;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and
the City Clerk be and they are hereby authorized and directed
to execute said agreement in the name of and in behalf of
said City.
PASSED and ADOPTED this 20th day of January, A, D.
1960.
Mayor
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