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HomeMy WebLinkAboutR-01400COMMISSIONCITY MEETING OF 06"/ga4 1aflo JmSS w.2 L' D MM11111 r M•Y•.M•MY•• •NMNM1• 1. "SUP DoCUM ditD''I0# 0.'146 }6 :r FO Y,L._ .. A RSSOLUJ XON AUTHORIZING THE AOQUIREMRNT BYE - !ISM DOMAIN ?OR PUBLIC! PARK PURPOSES OTES deft OF MIAMI O. 'rxly PROPHRTY I1 , SAID Gilt' HARHINAIPUfli_ DESCRIBED. t RliAS, it is deemed to be to the beet interests of ;the inhabitants of the City of Miami, that all that part of the James Hagan Donation, in Section 37, Township 53: South, og,. Range 42 East, more particularly described as follows; That piece or parcel of land lying and being in the Conn.. ty of Dade and State of Ploridu, and more particularly describ- ed as follows: Commencing at a stake on the west shore of Biscayne Bay, which stake is 3985 feet south of the north line of Section 37, in Township 53 South of Range 42 East; thence It south 89 degrees 18 minutes west to the west boundary line of Biscayne Drive; thence northerly along the west boundary line of Biscayne Drive 35 feet more or less to a point where the north boundary line of Twelfth Street of the City of Miami would intersect the said west boundary line of Biscayne Drive; thence east to low water mark en west shore of Biscayne Bay; thence southerly meander the low water mark on said Biscayne Bay 35 feet more or less to point of beginning; together with all com- mon law and sta tutory riparian rights belonging of appurtenant to above described property. Also: Ooniencing at a point on the east line of Biscayne rive (now ':aiov,n as .3oulevard) in t..e City of Miami, 1'1orida, where the south line of:' 1; th street, if e::tended east, would in- tersect same, thence run northerl;,* alo ,; the se id east line of Biscayne Drive 35 feet, to a point where tte center line of said 12th street produced ust Ivould intersect said .:ast line; thence rim easterly along said center line of 12th Street produced, to the low water marl: o2 Biscayne Bay, thence :meander the low we.. ter 7_-1°ar:: of 3ir,cayne Bf:y in a southerly direction a distance of 35 feet,i.' an a straight line, to the south line of said 12th "DOCUMENT INDEX ITEM NO.. 1 prodseed; them: westerly 410ne,8a14: en ith.iixt� of beginning; together with all oommon law and statutory riparian,. rights belonging to or appurtenant to above described property. The property her.einabave desoribed is the property situate( upon Biscayne Bay at the eastern terminus of Flagler, street for- merly known as 12th Street, City of Miami, Florida, and ounmon1 and generally known as .:leer Pier. The above desoription is made • with reference to the map or plat of the City of Miami made by An. L. Knowlton, C . E., recorded in Book B of Plats, page 41, Dade Ooun- ty records. The above and foregoing described property together with all common law and statutory riparian rights belonging to or appurten- ant thereto is necessary and should be acquired by the City of Mi- ami for public park purposes, NOW, TIh R:V ORi4:, B If IL OLV:', D BY TIT.: C C iL;ISS I OIi OF TI7.r', CITY 0' MIAMI: that the said land, together with all common law and statuto- ry riparian rights belonging to or appurtenant thcrcte, hereinaf- ter described and set . orth in said resolution, is necessary and should be acquired for pub] is park purposes, and that the City At- torney be, and he is hereby, authorized and directed to institute the necessary legal proceedings in the name of the City of Miami, for the acquirement by the said City by eminent domain of the fol- lewin-described property in said City, to -wit: T_at piece or parcel of land lying and being in the County of Dade and State of Florid , and more particularly described as fol- lows: Co;.imencing at a strike en the Vie st eh ore of Biscayne Bay, t.hich stake is 398F, feet south e2' the north line of Section 37, in ..'ewnship 53 south of r ange 4 .:Last; thence south 89 degrees 18 minutes west to the west boundary line of Biscayne Drive; thence northerly along the west boundary line of Biscayne Drive 35 feet more or less to a point wherL: the north boundary line o' lwelfth Street of the City of would intersect the said wrest boundary line o2 Biscayne Drive; thence east to low water mark on west shore line of Biscayne Bay; thence southerly meander the low water mark .._,bf Said i3iSa8yne Bey 3b peat more or 1e00 ,to}, ty r' 'fig; t6gether-with all oortiMat ..fia'ne StetutOrr .r belonging of appurtenant to above described proper*. Also: Oommencing at a point .on the lest line of,�8 ,oene : Drive (now known as Boulevard) in the 4ity of :orida, the south line of 12th Street, if extended east, would intersect same, thence run northerly along the said east line of Bisoeyne Drive 35 feet, to a point where the center line of said 12th Street produced ..'.ast would intersect said east line; thence run easterly' along said center line oi' 12th street produced, to the law water mark of Biscayne Bay, thence meander the low water mark of Bt8- aayne Bay in a southerly direction a •distance of 35 feet, if on a strai,gat line, to the south line of said 12th street, produced; thence westerly along said south line to the place of beginning; _to- gether with all common law and statutory riparian rights belonging to or appurtenant to above described property. The property hereinabave described is the property stituated upon Biscayne Bay at the eastern terminus of Flagler Street former- ly known as 12th Street, City of Miami, Florida, and commonly and generally known as Elser Pier. The above description is made with reference to the map or plat of the City of Miami made by A. L. Knowlton, C. E., recorded in Book B, of Plats, page 41, Dade County Records. PASSED A1+D ADOPTED this 6th day of flay, A. D. 1924. L 2T; "SUPPORTIVE DOCUMENTS FOLLOW" X "SUPPORTIVE DOCUMENTS FOLLOW" A. J. woSK QRY AiroNwty To the Hon: Board of City Commissioners of the City of Miami, Florida. Gentlemen: - CITY COMMISSIC fleeting of MAY 1924 VED AND F In connection with the suit for specific performance some time ago instituted by the city against Locke T. Highleyman, beg leave to state that I have carefully investigated said suit, and in my opinion the action cannot be successfully maintained in its present etatub. The suit as it now stands, is being proseouted against Locke T. Highleyman alone. An abstract of title shows that the fee simple title to the property is vested in Locke T. Highleyman and Fred T. Maxwell. It also shows a mortgage upon said property in favor of Rose Elser. The contract which the oity seeks to enforce was signed by Locke T. Highleyman and Fred T. Maxwell, and in my opinion, it order to maintain an action for specifio performance it would be necessary that Fred T. Maxwell also be made a party defendant. It would also be necessary to make the mortgagee a party in order that herintereste might be protected. A suit could be maintained against Locke T. Highleyman and Fred T. Maxwell, oining the mortgagee, without further parties provided Maxwell and Highleyman were co-partners. In my opinion however, we will be unable to establish a co -partnership. On the other hand,_ the records seem to disclose that they are simply joint owners of the property rather than co-partners, and that the business itself is being operated by Mr. Maxwell. If such is the case, even though I succeeded in obtaining a decree for specific performance, the decree would be ineffectual for the purpose of obtaining a good marketable title unless the respective wives of righleynand and Maxwell were also made parties. As the wives of these gentlemen did not join in the proposition to sell, I could not obtain a decree for specific performance against them. I ari informed that Fred T. Maxwell has married Since the original proposition was made. If that is the case I do net think his wife would be a necessary party, but I do think Mrs. :Lighleyn..n would have an interest therein which would not be terrrdnted by a decree for specific performance unless she were made a party to the proceedings, and,unless she signed the original contract no decree for specific performance could be entered against her. I have previously discussed this matter. with you, as has also Mitchell D. price, of the firm of Price & Price, and we are ready to carry out your instruoti in the matter, either to amend the bill for specific perfOr' anoe and seek to obtain title in this way, or to institute. condemnation proceedings, if you desire. I think however, that specific instructions should be given as to what action..; you desire taken before further steps are taken on behalf of.. counsel representing the city in this matter. It has also been suggested to the Commissioners that the Commissioners notify Looke T. Highleyman and Fred T. Miaxwell. that they are ready to buy the property, and have been ready to buy the property ever since they obtained. title to same, and demand a deed of them. Then if they refuse to give a deed, that the city at once proceed to condemnation proceedings, and in the event they are compelled to pay more for the property than the prioe agreed upon, then under such circumstanoes that the city institute suit against Highleyman and Maxwell for damages. It is often the case that an action can be maintained for damages for breach of contract to convey, when no action can be maintained for specific performance. Yours ery truly, . )1 et- 44- -0,2i We were present at the writing of the above letter and fully concur in the matters expressed therein.