Resolution 10997 RESOLUTION NO. 10997
WHEREAS, the State Road Department of Florida has authorized
and requested the City of Miami Beach to furnish the necessary rights
of way and easements for that portion of Section 87060, of State Road
No. A-1-A extending from a point in Section 23, Township 53 South,
Range 42 East, Northerly to a point in Section 14, Township 53
South, Range 42 East, situate in said municipality as heretofore
surveyed and located by the State Road Department and shown by map
on file in the office of the Clerk of the Circuit Court of Dade
County, and in the office of the Clerk of said municipality, and
in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction
of said section in said municipality until title to all land necessary
for said section has been conveyed to or vested in said State by
said municipality, and said lands physically cleared of all occupants,
tenants, buildings and/or other structures situate upon or encroaching
within the limits of the lands required for said section; now, therefore,
be it
RESOLVED, that said municipality, through its Councilmen,
comply with the request of said Department and procure, convey or vest
in said State the free, clear and unencumbered title to all lands
necessary for said section of road, and deliver to the State Road
Department said lands physically clear of all occupants, tenants,
fences, buildings and/or other structures situate upon or encroaching
within the limits of the lands required for said section, and that
the Mayor and the Clerk be and they are hereby authorized and directed
to execute and deliver, on behalf of said municipality to said Depart-
ment the contract in the form hereto attached; and be it further
RESOLVED that the Attorney for this municipality be, and
he is hereby authorized and directed to proceed to take the necessary
steps for the municipality to acquire in its name, by gift, purchase
or condemnation, said rights of way and easements for said section
of road, and to prepare in the name of said municipality by its
City Councilmen, all condemnation papers, affidavits and pleadings,
and prosecute all condemnation proceedings to judgment; and said
Attorney is further authorized to have prepared at said municipality's
expense, and furnish to the Department the abstract search provided
for in said contract.
PASSED and ADOPTED this 22nd day of May, A. D.
1963.
lall_
Mayor
ATTEST:
/I
City Clerk
:1 /
•
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OFFICE OF THE CITY ATTORNEY
DATE: May 10, 1966
TO: R. Wm. L. Johnson, City Clerk
FROM: Joseph A. Wanick, City Attorney
Re: Collins Avenue Widening South of Reverse
curve - Lots 1 to 30, inclusive, and Lot 231,
First Ocean Front Subdivision
In connection with the above project, which has been -
completed by the City some time ago, I enclose
an executed Right of Way Contract between the State Road
Department of Florida and the City of Miami Beach, together
with the accompanying resolution.
These instruments should be retained in your files
on this subject. These documents were in Mr. Ben Shepard' s
file.
JAW:K
Encls. 0 a)
5/10/66 Receipt acknowledged. Instrument will be filed with
Council records of May 22 , 1963 , when Resolution No. 10997
was adopted, authorizing its execution.
RWLJ
em
�'.I) No. 2
S.,1-'.1) 02
87060-Za
''Municipality) %
Dade. .
RIGHT CF WAY CONTRACT
l
j
THIS AGREEMENT made and entered into this- o
-� ' day of (.
A. D. 19%--) by and between the STATE ROAD DEPART ?T CI' FLORIDA, a body corporate
under the laws of the State of Florida, hereinafter called the "Department", and
the City of Mai Bsaab , a municipal corporation of the State of Florida,
hereinafter called the "Municipality", witnesses, that
WHEREAS, the Legislature of Florida has designated and established State
Road Noek•304 , and the Department has located and surveyed a portion of said
road designated as Section 87060 , in County, Florida, and
has made a survey and location of that part of said section extending from a point
in Section 23, Tbvaship 53 Som, less 43 net, $orthsrly to a point in section 14,
taaltship 53 South, Singe 48 last,
as shown on survey and location map, duly certified asprovided by law, on file
in the office of the Department at Tallahassee, Florida, and on file in the office
of the Clerk of the Circuit Court of said County, and in the office of the Clerk
of said municipality, and in the judgment of the Department said location and
survey have been found to be practicable and to the best interest of the State, and
UHEREAS, the Department has requested and authorized said municipality,
solely at its expense, to secure by gift, purchase or condemnation the lands and
property necessary for that part of the right of way, easememts for outfall ditches
and borrow pits for said section situate within said municipality and shown on the
right of way map of said section, and such as may hereafter be found necessary by
the Department for said section, and
Councilmen
WHEREAS, the/ CanntriteMUMIC of the pity of Mami Beach
in meeting duly called and held on the . day of / �` `� , A. D. 194;\,
adopted a Resolution (copy being hereto attached as a part hereof, marked "EXHIBIT
A"), signifying its agreement to comply with the Department's said requests, and
authorizing its Mayor and its Clerk, on its behalf, to execute this contract.
NCU, THEREFORE, in consideration of the premises and of the mutual undertak—
ings hereinafter set forth, the parties mutually covenant and agree as follows:
1. The municipality shall forthwith furnish the Department with a title
search made by a reliable Abstractor or Abstract Company or by its Attorneys show—
ing the present ownership and record description of each parcel of lard over which
said right of way and/car easements extend within said municipality, as shown on raid
right of way map on file with said City Clerk, and Department, together with
all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds,
• .
tax liens and tax certificates held by parties other than the State„ Thereupon
the Department shall prepare and furnish to the municipality the descrittions of
said right of way and/or easements to be acquired from each of the several parcels
of lands, or interests therein, as shown by said title search. The furnishing
of said descriptions shall be solely for the assistance of the municipality and
nothing in this paragraph shall be taken or construed as the Department's accept-
ance of the title, or quality of the title, to the land or easements shown, and
shall not release or relieve the municipality of its agreement herein to furnish
the Department free, clear and unencumbered title to the land required for said
right of way and easements, or from any of its covenants hereunder.
2. After the Department has furnished the municipality said descriptions,
the municipality shall proceed forthwith, solely a t its expense, to acquire by
gift, purchase or condemnation, free, clear and unencumbered title to the land
so required as aforesaid for said project by the Department for said right of way
and easements, and convey or vest the same to or in the State of Florida for the
use of said State Road, by good and sufficient deed or deeds, and deliver to the
State Road Department said lands physically clear of all occupants, tenants,
buildings and/or other structures situate upon or encroaching within the limits
of the lands required for said project. Any land to which the municipality has
heretofore acquired free, clear and unencumbered title, which may be necessary
for said right of way and/or easements, shall be conveyed by the municipality
to the State for the said use under the provisions of this section. if the muni-
cipality within a reasonable time, to be determined by the Department taking into
consideration all the circumstances and conditions involved, should fail to
comply herewith, then and in such event the Department may, at its election
abandon the project or proceed after giving the municipality due notice thereof
to acquire said right of way and easements, at the expense of the municipality,
and all sums so advanced by the Department shall be repaid to it by the municipal-
ity upon demand.
3. Commencing with the date when the Department shall begin construction
operations on said project, and at all times thereafter for so long as said
project shall continue to be part of the State system of roads, the municipality
shall save, defend and keep the State of Florida and the State Road Department,
its officers, employees and contractors harmless from any and all damages, claims
or injuries, actions at law or suits in equity arising from or growing out of any
defect or alleged defect affecting the title, or because of the lack of title or
right of possession of the State of Florida for the use of said road, to any
portion of those lands and easements required by the Department for said project
as aforesaid, and the municipality agrees to pay and discharge all lawful claims,
damages, judgments, decrees and any other expenses arising from or growing out
of such claims, injuries, actions or suits.
1. . After the acquisition of said right of tray and easements by said
municipality and the acceptance of same as satisfactory by the Department, the
Department agrees to construct the aforesaid project at the earliest date it
determines practicable, and appropriate or cause to be appropriated the funds
for said construction*
IN I'JITNESS ?JHERECF the Department has caused this agreement to be executed
in duplicate by its Chairman and its Secretary, and its official seal to be
affixed; and the municipality has caused it to be executed by its City Comnissionsrs
and its Clerk, and its official seal to be affixed, the day and year first above
written.
Signed, sealed and delivered iA ROAD Ii' LflT OF FLORIDA
in the presence oft
i) a -e BY: r --- , Chairman
/2,2,14-- • ,
-As o the Departauent ATTEST. . / ,_ iy
Signed, sealed and delivered (SEAL)
in the presence of:
<-1 C �
_Lis Jaz
NiAIlt Beach , Florida
As to Municipality : Z
/
ATTES
Clerk of
the sr, _tea. •kids
(SEAL)
APPROVED AS TO FORM AND EXECUTION
THOMAS 7. Cr, n. ATTC1 t Y, S. R. G.
By /' r J Attorney
Resident
`(Municipality)
R E S O L U T I O.N
WHEREAS, the State Road Department of Florida has authorized and requested
the City of Miami Beach to furnish the necessary rights of way and easements
for that portion of Section 87060 , of State Road No. A-1-A extending troy
e point in Section 23, 2binehip 53 South, Senge42 Fiat, Northerly to a point in Section
lb, ?ovnship 53 eoliths smogs IQ Past,
situate in said municipality as heretofore surveyed and located by the State Road
Department and shown by map on file in the office of the Clerk of the Circuit Court
of DADS County, and in the office of the Clerk of said municipality, and
in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction of said section
in said municipality until title to all land necessary for said section has been
conveyed to or vested in said State by said municipality, and said lands physically
cleared of all occupants, tenants, buildings and/or other structures situate upon
or encroaching within the limits of the lands required for said section; now,
therefore, be it Councilmen
RESOLVED, that said municipality, through its 234" , comply with
the request of said Department and procure, convey or vest in said State the free,
clear and unencumbered title to all lands necessary for said section of road, and
deliver to the State Road Department said lands physically clear of all occupants,
tenants, fences, buildings and/or other structures situate upon or encroaching
within the limitsof the lands required for said section, and that the Mayor
and the Clerk be and they are hereby authorized and directed to execute and deliver,
on behalf of said municipality to said Department the contract in the form hereto
attached; and be it further
RESOLVED that the Attorney- for this municipality be, and he is hereby
authorized and directed to proceed to take the necessary steps for the municipality
to acquire in its names by gift, purchase or condemnation, said rights of way and
easemen fo s d ection f road and to prepare in the name of said municipality
by its .4ty ,.o ail �frnnation papers, affidavits and pleadings,
and prosecute all condemnation proceedings to judgment; and said Attorney is
further authorized to have prepared at said municipalityts expense, and furnish to
the Department the abstract search provided for in said contract.
STATE CF FLORIDA )
(
COUNTY CF CATS
I HEREBY CERTIFY that the foregoing is a true and correct copy of
resolution passed by c '61riti-tce -�' of 4 %%Lt<< , Florida, at
a meeting held the _ y of-224!'„V'
A. D. 1947i and recorded in the
minutes of said municipality.
IN IJITNESS LJIIL:RECF I hereunto sot my hand and official seal this - day
of /2/ C .t , A. D. 11-i`-?
AN WIG Ai fo ea.
C tK CF
(SEAL) FLORIDA
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