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HomeMy WebLinkAboutR-02857} RESOLUTION NO. 2867. A RESOLUTION AUTHORIZING THE CITY MLNAGER TO EXECUTE, FOR AND ON BFRITY OF THE CITY OF MTAVT, FLORIDA, AI AGREEMENT WITH THE FLORIDA EAST COAST . RAILWAY COMPANY IN THE FORM SET FORTH HEREIN. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MTIYT: That the City ]tanager be, and he in hereby, authorized and directed to execute, for and, on behalf of the City of Miami; Florida, an agreement with the Florida East Coast Railway Company in the following form, to*wit: KNOW ALL MEN BY THESE PRESENTS; That Florida East Coast Railway Company;. a corporation organised and existing under the laws of the State of Florida for and in consideration of the sum of One 41.00) Dollar to it paid by the City of Miami, a munici- pal corporation organized and existing under the laws of the State of Florida, the reoeipt whereof is hereby acknowledged, and other good and valuable considerations unto it moving, has granted, bar- gained and sold, and by these presents does hereby grant, bargat4 sell and convey unto the City of Miami and its successors, an ease- ment in, on, over and upon the following described real estate sit- uate, lying and being in the City of Miami, County of Dade, State of Florida, to -wit: A strip of land fifty (50) feet in width lying easterly of and next adjacent to the Easterly line of Biscayne Drive (now North Bayshore Drive) bounded on the North by the center line of 3rd. Street (now N. E. 9th Street) extended, and on the South by the South line of 6th Street (now N. E. 6th Street) extended, according to the map of the City of Miami made by A. L. Knowlton, C. E., and reoorded in Plat Book "B" at page 41, of the public reoords of Dade County, Florida. TO HAVE AND TO HOLD the said described interest in and to the property aforesaid unto the City of Miami and its successors for the term of thirty (30) years from the date hereof for street purposes only and subject to the following terms, conditions and reservations: 1 - The City of Miami for itself and its successors co- venants and agrees with Florida East Coast Railway Company and its successors that the City of Miami will at its own proper oost and expense pave the property to which the easement above granted is given with suitable paving material of the exaot kind and quality as that being used by it in the paving of other streets in said City at this time and in a workmanlike manner, and maintain the same for the duration of this agreement, and that it will relieve, and it hereby covenants and agrees to relieve, Florida East Coast Railway Company and its suooessors of any cost, expense and char- ges of whatever nature arising out of or incident to said paving, and of any assessment, tax, levy or charge for the building or construction of said paving or the upkeep and maintenance thereof. 2 - The City of Miami for itself and its successors agrees with the Florida East Coast Railway Company and its suooessors that it will lay and install and maintain all necessary sewers, pipes, ditohes, gutters, ourb and drains and other facilities neoessary or inoidental to the paving, operation and improvement of said proper- ty as a publio street at its own proper oost and expense, and that it will relieve Florida East Coast Railway Company and its racoons - ors of any ooat,.expense or ohargea therefor or any tax, assessment or levy for the installation, maintenance repair or upkeep of the same. 3 • Florida East Coast Railway Company expressly reserves for itself a right of way and right of entrance, exit, ingress and egress over and upon the property hereinabove described for all of its traoks, whether main line, side line, switching or spur, and for such roadways and walkways as may be necessary oonvenient to it in the operation of its system of railroad an& whether suoh tracks, and roadways and walkways be now oonstrnoted and/or in operation or shall hereafter in the judgment of the officials of the said Railway Company be neoessary or desirable to oonstruot or operate in the fu- ture and the City of Miami expressly agrees to this reservation. 4 - The easement hereby granted by Florida East Coast Rail- way Company to the City of Miami is subject to any and all legal liens now or heretofore existing upon said desoribed premises.. IN TESTIMONY WHEREOF Florida East Coast Railway Company and City of Miami have each caused these presents to be executed by their duly authorised officials and their oorporate seals to be hereunto fixed this the , day of July, 1. D. 1926. Florida East Coast Railway Company By Signed, sealed and de- livered in the presence ID=: As fo Railway Company As to City or Miami ATTEST: Vice -President Attest: Asst. Secretary City of Miami: By Attest: City Manager City Clerk PASSED AND ADOPTED this 26th day of July, A. D. 1926. v C_ • / CITY CLEM TLh I: r' EX it CITY .: it i.lfl li )'Y l.�l,..��/S../.• 5.