Loading...
E-71 Boas X242 PAGE 1f 3 4 EASEMENT THIS INDENTURE, made this ;L 1{, day of A. D. , 1942, between JOHN G. THOMPSON and ESSIE K. THOMPSON, his wife, parties of the first part, and the CITY, OF MIAMI- BEACH, FLORIDA, a municipal corporation under the laws of Florida, party of the second part. W I T N E S S E T H : WHEREAS, the United States of America has established in the City of Miami Beach, Florida, an Army *.Air Corps Officer Candidate School and is using certain properties situate in the City of Miami Beach, Florida, as such School, and ot.h3er proper- ties for the housing of the personnel and candidates in such School; and WHEREAS, it bas been found necessary and expedient, in connection with the operation of said School, that a foot bridge be constructed -across Indian Creek at a point where the West end of such proposed foot bridge would be upon the property hereinafter described of the S s :c? party; and WHEREAS, the parties of the first part are agreeable that the hereinafter described property, owned by the party of the part, may be used by the said City of Miami Beach, Florida, as the West anchor of said bridge and as a means of access to and from said bridge and Flamingo Drive, adjacent 4 thereto: NOW, THEREFORE, the parties of the first part, in consideration of the above premises and other good and valuable considerations accruing to them, do hereby dedicate and grant to the party of the second part an easement in and upon the following described property, for the purpose of anchoring the West end of the proposed bridge hereinabove mentioned and as a means of access to and from Flamingo Drive and said bridge, to-wit : BOOK2242 PAU"EIh4 A strip of land twenty (20) feet wide over Lot One ( 1) , Block Three (3) of Flamingo Terrace Subdivision according to Plat thereof recorded in Plat Book Ten (10) , Page Three (3) of the Public Records of Dade County, Florida, the Southerly line of said strip being a prolongation of the Southerly line of Twenty-ninth (29th) Street, as said Twenty-ninth (29th) Street is shown on a Flat of the Ocean Front Property of the Miami Beach Improvement Company as recorded in Plat Book Five (5) , Pages Seven (7) and Eight (8) of the Public Records of Dade County, Florida, and as said Twenty-ninth (29th) Street is named. and designated in Ordinance No. 232, IT IS EXPRESSLY UNDERSTOOD AND. AGREED that this dedication or easement is only for the purposes hereinabove expressed and that should this dedication or easement not . be accepted or should the property be used for any purpose other than the purposes hereinabove expressed, that the easement herein granted shall immediately cease, and the fee simple title of the grantors shall be free and clear of said easement. IT IS FURTHER UNDERSTOOD AND AGREED that this easement shall in no event be extended beyond the duration of the present war between the United States of America and its enemies and shall cease upon the termination of said war, unless terminated earlier as hereinabove provided. IT IS FURTHER UNDERSTOOD AND AGREED that in the event the foot bridge hereinabove designated is constructed., that upon the termination of this easement and dedication as hereinabove provided, the City of Miami Beach, Florida, grantee herein, its successors and assigns, shall forthwith remove the said bridge at the cost of the grantee. IN WITNESS WHEREOF, . the grantors herein have hereunto set their hangs and seals the day and year first above written. . � (Seal) Signed, sealed and delivered in the presence of; BOOK 2242 P4U'E [1� DOMINION OF CANADA) SS PROVINCE OF ONTARIO) I HEREBY CERTIFY that on this day personally appeared before me, the undersigned authority, duly authorized to ad- minister oaths and take acknowledgments, JOHN G. THOMPSON and ESSIE K. THOMPSON, his wife, to me well known and known to me to be the individuals des cribed in and who executed the above and foregoing instrument.:-,!. and severally acknowledged the execution thereof to be their free act and deed for the uses and purposes there- in mentioned; and the said ES►SIE K. THOMPSON on a separate and pri- vate examination taken and made by and before me, separately and apart from her husband, did acknowledge that she made herself a party to the said instrument for the purpose of renouncing, relin- quishing and conveying all her right, title and interest, whether of dower or of separate 'property, statutory or equitable, in the lands, therein described, for the purposes set forth in said instru- ment, and that she executed said instrument freely and voluntarily without any constraint, fear, apprehension or compulsion of or from her said husband. WITNESS my signature and official seal at in the Province and Dominion aforesaid, this day of A O D. 1942. State..of Florida, County of Dade. �0 day of This instrument was filled for record tlhe............ y .. ..... J� n duly recorded in . . ^-. � Q ` 1942' ..aOrI a d y .� ►. ��. � �a. ... File No, R.. GI - a' � �•°•••`�: Cr The foregoing easement accepted for and in beha f of the Cit Council this 9th day of July., D. 19 2 tl Y Y Y� Mayor Tok 7 O 01,E � . y C i t Clerk .