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RESOLUTION NO. ',`-gcq`o---67
A RESOLUTION ACCEPTING AND APPROVING
FOR PROPER PUBLIC PURPOSES A HIGHWAY
RIGHT OF WAY DEED FOR THE THEREIN
DESCRIBED LAND AREA AT THE N. E.
CORNER OF S. W. 27 AVENUE AND SOUTH
BAYSHORE DRIVE; AND DIRECTING THE
PROPERTY MANAGER TO RECORD SAID DEED
AFTER ATTACHING THE THEREIN SPECIFIED
CERTIFICATE.
WHEREAS, in order to provide proper land area at the
intersection of S. W. 27 Avenue and South Bayshore Drive it
is necessary to obtain certain property at the northeast
corner of the intersection; and
WHEREAS, the owners of the required property have
executed a Highway Right of Way Deed and it is the intent of
this Commission by this Resolution to evidence its acceptance
and approval of said Deed for the therein described area of
land to be used for street and sidewalk purposes, subject,
however, to the terms and conditions of said Deed, without
committing the City to construct streets, sidewalk or other
improvements thereon until and unless the public interest and
available funds warrant such construction.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Highway Right of Way Deed dated January
26, 1972, from Mr. and Mrs. Leonard P. Treister, Mr. and Mrs.
Kenneth Treister and Mr. and Mrs. Joseph Garfield for the therein
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described land area for street and sidewalk purposes at
the northeast corner of S. W. 27 Avenue and South Bayshore
Drive be, and the same is, hereby accepted and approved for
such public use and purpose, copy of said Deed being attached
hereto and by this reference made a part hereof.
Section 2. The foregoing approval and acceptance is
made without obligation on the City of Miami to construct,
improve or maintain the aforesaid land area as street or side-
walk until the City Commission finds and by resolution determines
that the public interest and available funds warrant such con-
struction, improvement or maintenance.
Section 3. Nothing herein contained is intended in any
manner to repudiate, alter, change or otherwise affect any terms
or provisions or conditions expressed in the Highway Right of Way
Deed accepted by this resolution.
Section 4. The Property Manager of the City of Miami be,
and he is hereby, directed to cause the aforesaid Highway Right
of Way Deed to be recorded in the Public Records of Dade County,
Florida, after attaching thereto an instrument in the following
form:
"The attached deed of dedication or
conveyance was hereby accepted and approved
on this day of , A.D.
1972, by Resolution No. , passed
by the Commission of the City of Miami."
2
74
PASSED AND ADOPTED this r f day
1972.
PREPARED AND APPROVED BY:
Harold Young
Special Coune
REVIEWED BY:
/'Jack R. Rice, Jr.
7- Assistant Director/
APPROVE p AS TO FORM'AND OKR C7}OESS :
Alan 1. Rothstein
City ttorney
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LOCATION: NORTHEAST CORNER - SOUTH BAYSHORE DRIVE AND S.W. 27 AVENUE
HIGHWAY RIGHT OF WAY DEED
THIS INDENTURE, made this , (! 'day of ycl/'rla ,r'l
1972, by and between LEONARD E. TREISTER and DIANA TREISTER, his
A.D.
wife, and KENNETH TREISTER and HELYNE TREISTER,his wife, and
JOSEPH A. GARFIELD and SHERRIE S. GARFIELD, his wife, whose princi-
pal place of business is 1460 Brickell Avenue, Miami, Florida,
parties of the first part, and THE CITY OF MIAMI, a municipal cor-
poration of the State of Florida, in the County of Dade, party of
the second part:
WITNESSETH, that said parties of the first part, for and in
consideration of the sum of One ($1.00) Dollar and other good and
valuable considerations to them in hand paid by the party of the
second part, the receipt whereof is hereby acknowledged, have
granted, bargained, sold and conveyed to said party of the second
part and its.successors in interest, forever, the following des-
cribed
Miami,
parcel of land, situate, lying and being in the City
County of Dade and State of Florida, to wit:
Part of Lots 53 through 58 inclusive of Block 41 of
SAMUEL RHODES AMENDED MAP OF NEW BISCAYNE, as re-
corded in Plat Book B, at Page 16, of the Public
Records of Dade County, Florida, more particularly
described as follows:
Beginning at the most southerly corner of said Lot
58; thence run northeastwardly along the north-
westerly right of way line of Rhodes Boulevard, as
shown on said plat (now known as South Bayshore
Drive) for a distance of 145.89 feet to a point of
tangency of a curve, concave to the northeasterly;
thence run southwestwardly, westwardly, and north -
westwardly along the arc of said curve, having a
radius of 40.00 feet, through a central angle of
141° 18' 00" for a distance of 98.65 feet to a
point of tangency on a line that is 20.00 feet east
of, and parallel with, the west boundary of said
Block 41; thence run northwestwardly for a distance
of 43.44 feet, more or less, to the northwest corner
of said Lot 53, Block 41; thence run south along
the west boundary of said Block 41 for a distance
of 178.68 feet, more or less, to the Point of Begin-
ning.
Containing 5,508.69 square feet, more or less.
MeR*-1/3 gtrO
of
A
IT IS UNDERSTOOD AND AGREED by the parties hereto, that the
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land conveyed is to be used only for street, sidewalks and pur-
poses incidental thereto, and in the event that said land conveyed
shall be abandoned and/or discontinued by law, the title of said
land shall revert to the said parties of the first part, their
heirs and assigns.
And the said parties of the first part do hereby fully
warrant title to the land conveyed and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals the day and year written above.
Signed, Sealed and Delivered
in Presence of:
Witnesseth to All Signatures
4'6 P_,
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EONARD E. TREISTER
(SEAL)
(SEAL)
DIANPTREISTER
vl / : (SEAL)
KENNET1 TREISTER
•,_
C.<-72(SEAL)
HELYNE TREISTER
Ci-
(SEAL)
OSErH•A. GARFIE
) (SEAL)
SHERRIE S. GARFIELD
T0:04415 "
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41
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-412
STATE OF FLORIDA)
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take acknowl-
edgments, LEONARD E. TREISTER and DIANA TREISTER, his wife, and
KENNETH TREISTER and HELYNE TREISTER, his.wife, and JOSEPH A. GAR -
FIELD and SHERRIE S. GARFIELD, his wife, to me well known to be the
persons described in and who executed the foregoing deed, and ac-
knowledged before me that they executed the same freely and volun-
tarily for the purpose therein expressed.
WITNESS my hand and official seal at Miami, County of Dade
and State of Florida, this a6'2!=day of
My Commission Expires:
SA TE POJIDA AT URGE MOT MARY MISIOXEXPIRES
9, 1973
, A.D. 1972.
Notary Public, State of Florida
APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO DESCRIPTION
City Attorney Director, Department of Public
Works
This Instrument Prepared By:
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
The attached deed of dedication or
conveyance was accepted and approved
this day of , A.D. 19
by Resolution No. , passed
and adopted by the Commission of The
City of Miami, Florida
(SEAL)
Attest:
City Manager
City Clerk
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