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THIS AGREEMENT made and entered into this 26th day of
February , A. D. 1944, by and between CITY OF MIAMI BEACH,
a municipal corporation of the State of Florida, hereinafter
referred to as first party, and MIAMI BEACH BAY SHORE COMPANY,
a corporation organized and existing under the laws of the State
of Florida, hereinafter referred to as the second party,
W I T N E S S E T H Z
WHEREAS, on that certain plat of Indian Creek Subdivision,
recorded in P1at .Book 31, at page 75, of the Public Records of Dade
County, Florida, first party did reserve a strip of land Five ( 5)
feet wide off the North side of Lot Seven (7) and a strip of land
Five ( 5) feet wide off the South side of Lot Eight (8) of said
Subdivision, as shown by dotted lines on said plat , for the per-
petual use of the City of Miami Beach, Florida, for the purpose
of installation and maintenance of storm sewers and for no other
purpose; and
WHEREAS, the second party now requests to be released from
all liability or obligation created by said reservation and offers
to grant in lieu thereof a similar right and easement in other lands
contained in said subdivision,
NOW, THEREFORE, in consideration of the covenants hereinafter
contained, the parties hereto agree as follows :
First party does hereby forever release and discharge the
second party of and from any and all .,'liability and obligation created
in and by the aforesaid reservation set forth on plat recorded in
Plat Book 31, at page 75 of the Public Records of Dade County, Florida,
in so far as said, reservation affects or in any wise concerns that
certain strip of land Five (5) feet wide off the North side of Lot
Seven (7) and that certain strip of land Five (5) feet wide off the
South side of Lot Eight (8) of said Indian Creek Subdivision.
( 1)
soOK2-361 PAGE430
Second party hereby gives and 'grants unto the first party,
its successors and assigns and any of its grantees who may operate
public utilities, the perpetual right and easement to install and
maintain underground storm sewers over and across the Southerly
Ten (10) Feet of the Northerly Twenty-five (25) Feet of Lot Seven
(7) of Indian Creek Subdivision, according to the Flat thereof,
recorded in Plat Book 31, at page 75, of the Public Hecords of
Dade County, Florida,
IN 'oITNESS HEREOF the parties have caused these presents
to be signed by their duly authorized officers and their res-
pective seals to be affixed at Miami Beach, Dade County, Florida,
this 26th day of February , A. D. 1944.
CI'T'Y OF MIAMI BEACH
MAYOR
AtIt'e�st:'
City Clerk
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President
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STATE OF FLORIDA: SS soOK2361 PA6 4c31
COUNTY OF DADE:
I HEREBY CERTIFY that on this s da 1 of �c-� A. D.
� �
1944, before me personally appeared J 0 N H. LEI and C . W. TOMLINSON,
Mayor and City Clerk, respectively, of the City of IMiami Beach,
a municipal corporation of the State of Florida, to me known to be
the persons who- signed the foregoing instrument as such officers,
and severally acknowledged the execution thereof to be their free
act and deed as such officers, for the uses and purposes therein
mentioned; and that they affixed thereto the official seal of said
corporation, and that the said instrument is the act and deed of said
corporation.
WITNESS my signature and official seal at Miami Beach, in
the County of Dade and State of Florida, the day and year last
of or;a&id.
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Notary Public, State of F rida at
_ Large
1 On expires: ►'JG1/ 9 6 Nobry Public. Stata of Florida at lar��,
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My commission expires Nov. 29, 1946.
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S'tate of Florida, County of Dade.
This instrument was filed for record the...... day of.. .
1 94g, at :0��,P...M and duly recorded in•
on Page...'.r''�°2.�.. File No-T.1.
ATH MAN
— — — — — — — — — - lark Clrsu Court
STATE OF FLORIDA : By
SS
COUNTY OF DADE:
I HEREBY CERTIFY, that on this day of A. D.
1944, before the undersigned authority personally appeaPd
' and ���2_ "Las
evident and Secretary, respectively— of Miami Beach Bay Shore
ompany,. a corporation under the laws of the State of Florida,
to rye known to be the persons who signed the foregoing instrument
as such officers, and severally acknowledged the execution thereof
to be their free act and deed as such officers, for the uses and
purposes therein mentioned; and .that they affixed thereto the
official seal of said corporation, and that the said instrument
is the act and deed of said corporation.
'FITNESS my signature and official seal at
in the County of Dade and State of Florida, the day and year last
aforesaid..
A '? �`•••. 11� �
•" , Not ar u i c, State of Florida at
U j '✓ 1Jovernb-r 23, 1947.
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bTya bt o�mi s s i o n expires
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Thy,, ;:fox; : o i ag; .Agreement accepted and approved by Resolution No. 5720 of the
awt,y Co,unb-i1,_,--o _the City of Miami Beach, Florida, passed and adopted on
I •' ! li ! t'' Lf"ti `? .'� r
Mayor
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a
Y Clerk