Resolution 12299 RESOLUTION NO. 12299
WHEREAS, WILLIAM J. KAPPEL and SARAH M. KAPPEL, his wife,
entered into an agreement with the City of Miami Beach, on
July 2, 1965, pertaining to the widening of Collins Avenue and
involving Lots 9, 10 and 11, Block 2, Second Ocean Front Subdi-
vision, whereby, among other things, said WILLIAM J. KAPPEL and
SARAH M. KAPPEL, his wife, agreed to grant to the City an ease-
ment over the northerly five feet of two parcels of land, de-
scribed therein as Parcels "A" and "C" , respectively; and
WHEREAS, pursuant to said agreement, WILLIAM J. KAPPEL and
SARAH M. KAPPEL, his wife, executed and delivered said Grant of
Easement to the City and the City thereafter, and on November
20th, 1967, pursuant to the terms of said agreement, recorded
said Grant of Easement in the public records of Dade County,
Florida, in Official Records Book 5719, at page 487; and
WHEREAS, said WILLIAM J. KAPPEL and SARAH M. KAPPEL, his
wife, heretofore, on August 27, 1967, conveyed to JOSEPH
KRACAUER, GEORGE GOLDBLOOM and EMANUEL EDELSTEIN all of Lots 9,
10 and 11, Block 2, Second Ocean Front Subdivision, except the
easterly 60 feet thereof conveyed to the City of Miami Beach;
and
WHEREAS, the present owners, the said JOSEPH KRACAUER,
GEORGE GOLDBLOOM and EMANUEL EDELSTEIN have requested that the
City abandon said easement, because the locating of same would
create a great many problems in the construction of an apart-
ment building on said property; and
WHEREAS, the City Engineer of the City has found and de-
termined that, because the City has heretofore procured a
utility easement over the southerly ten feet of Lot 12, Block
2, Second Ocean Front Subdivision, which easement has been re-
corded in the public records of Dade County, Florida, the ease-
ment over the northerly five feet of Lot 11 granted by the
Kappels to the City is not necessary for the Collins Avenue
Widening project; and
WHEREAS, the City Council of the City of Miami Beach and
the FLORIDA STATE ROAD DEPARTMENT has found and determined that
the said easement is not necessary for the widening of Collins
Avenue, as hereinabove set forth; and
WHEREAS, an Abandonment of Easement has been prepared, by
which the City of Miami Beach relinquishes and abandons said
easement, with which the City Council is familiar; and
WHEREAS, it is deemed to be in the best interest of the
City that said easement be abandoned;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, that said easement be relinquished
and abandoned, and that the Mayor and the City Clerk and
Finance Director be and they are hereby authorized and directed
to execute the said Abandonment of Easement for and on behalf
of the City of Miami Beach.
PASSED and ADOPTED this 20th day of December , 1967.
dwo
Mayor
Attest:
City Clerk and Finance Director
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