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HomeMy WebLinkAboutR-74-0258RESOLUTION NO. 7 .' 2 X" eP A RESOLUTION ALLOCATING $80,8/6 PROM THE GENERAL OBLIGATION HIGHWAY IMPROVEMENT BOND FUND TO PAY THE FLORIDA EAST COAST RAILWAY COMPANY FOR A 7-FOOT WIDE STRIP OF LAND LOCATED ON THE EAST SIDE OF BISCA'YNE BOULEVARD FROM N.E. 6 STREET TO N.E. 9 STREET. WHEREAS, in 1926 the Florida East Coast Railway Company granted The City of Miami a 30-year easement over its property adjacent to Biscayne Boulevard from N.E. 6 Street to N.E. 9 Street; and WHEREAS, in 1928 the Florida East Coast Railway Company leased to The City of Miami, for an annual rental of $1.00, a series of several strips of land for sidewalk purposes on the east side of Biscayne Boulevard between said N.E. 6 and 9th Streets, this lease being terminable by either party upon 30 days written notice; and WHEREAS, in 1957 the Florida East Coast Railway Company entered into an extension agreement with The City of Miami extending the easement agreement of 1926 for an indefinite period, terminable by either party upon 6 months written notice; and WHEREAS, by letter of May 27, 1966, the Florida East Coast Railway Company notified the City that the easement of 1926, as extended, was cancelled, effective December 1, 1966, and demanded the property be vacated and returned to the Florida East Coast Railway Company; and WHEREAS, the Circuit Court, in Case No. 67-5685, directed the City to pay the Florida East Coast Railway Company for the acquisition of this 7 foot strip of land located on "DOCUMENT INDEX ITEM N0. 9 " CITY CQW !S'SION • r � APR 11 1974 t RESOLIMON REMARKS:..... .... ....... the east side of Biscayne Boulevard from N.R. 6 to 9th Street; and WHEREAS, Resolution No. 74-106 authorized and directed the City Attorney to execute a settlement stipulation settling the land -taking aspect of the case of Florida East Coast Railway Company vs City of Miami and State of Florida Department of Transportation, Dade County Circuit Court 67-5685; and WHEREAS, Resolution No. 74-106 authorized and directed the Director of Finance of the City of Miami to pay Florida East Coast Railway Company, and their attorneys, Shutts and Bowen, the sum of $56,500, plus 6% interest computed from December 1, 1966 up to and including February 8, 1974; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the amount of $80,876 be, and it is hereby, allocated from the General Obligation Highway Improve- ment Bond Fund to pay the Florida East Coast Railway Company for the acquisition of a 7-foot strip of land located on the east side of Biscayne Boulevard between N.E. 6 Street and N.E. 9 Street. PASSED AND ADOPTED this A/ day of /QO'e/ .1./ 1974. PREPARED AND APPROVED BY: Mikele Carter Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: ohn S. Lloyd ity Attorney