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AGREEMENT
THIS AGREEMENT, Made this 24th day of July., A. D. 1951, by and
between the CITY OF MIAMI BEACH, a municipal corporation of Florida,
party of the first part, and DAVID GILSON and BELLE GILSON, his wife,
their heirs, administrators and assigns, parties of the second part,
W I T N E S S E T H
WHEREAS, by the terms of that certain agreement dated February
261 19441 by and between the City of Miami Beach and Miami Beach
Bay Shore Company, appearing of record in Deed Book 2361, at page 429,
of the Public Records of Dade County, Florida, the said Miami Beach
Bay Shore Company did give and grant unto the said City., its successors
and assigns ' and any of its grantees who may operate public utilities,
the perpetual 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 Plat thereof, recorded in Plat Book 31, at page 75, of the
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Public Records of Dade County, Florida, and
1HEREAS, David Gilson and Belle Gilson, his wife, the owners of
the fee simple title in and to the said land have. requested that the
easement-, granted by the terms of said agreement be surrendered and
cancelled- in so far as it relates to the northerly one-half of said
lands, and
WHEREAS, the City Council of the City of Miami Beach, Florida,
deems it to be to the best interest of said City to cancel and re-
lease said easement as requested:, subject, however, to the conditions
hereinafter set forth,
NOW, THEREFORE, it is covenanted by and between the parties hereto
that the City of Miami Beach does hereby forever release and discharge
the Miami Beach Bay Shore Company, a corporation organized and exist-
ing under the laws of the State of Florida, and the said David Gilson
and Belle Gilson, his wife, their heirs and assigns, of and from any
and all liability and obligations created in and by the agreement dated
February 26, 1944, as aforesaid, in so far as said agreement affects r
or in any wise concerns the following described strip of land situate
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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in Miami Beach, Dade County, Florida, and described as follows, to-wit:
The northerly Five (5) Feet of the southerly
Ten (10) Feet of the northerly Twenty-five
(25) feet of Lot Seven (7) " of INDIAN CREEK
SUBDIVISION, according to the Plat thereof,
recorded in- Plat Book 31, at page 75, of the
Public Records of Dade County, Florida.
The Parties of the Second Part agree that neither they nor their
heirs or assigns shall at any time erect, install, construct, build or
maintain any improvements, structures, foundations, footings, walls,
braces, supports, shorings or any other thing of whatsoever nature in,
upon, along, beside or under the said real estate, to-wit:
The northerly Five . (5) Feet of the southerly
Ten (10) Feet. of -the northerly Twenty-five
(2 5) Feet of Lot Seven (7) of INDIAN CREEK
SUBDIVISION, according to the Plat thereof,
recorded in- Plat Book 31, at page 75, of the
Public Records of Dade County, Florida,
without first submitting to- the City Engineer of the City of Miami
Beach for his written approval, all plans,. drawings and specifications
for such proposed improvements, structures, foundations, footings,
walls, braces, supports, shorings or any other thing of whatsoever
nature, and shall at' no time construct or begin to construct such
structures., foundations, footings, walls, braces, supports, shorings
or' any other thing of whatsoever nature without such written approval
of the said City Engineer first had and obtained; otherwise this
agreement to be null and void and of no further force or effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals this 24th d,ay of-,.._July, A: D. 1951. _
TY 0 IAMI H
Mayor
,'yo = City Clerk
Signed sealed and del '
- - - Q�a54
in t e presence of.
� (Seal)
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OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA
,810V�481 °AGL 36
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STATE OF FLORIDA:
SS
COUNTY OF DADE:
I HEREBY CERTIFY, that on this day personally appeared
before the undersigned authority duly authorized to administer
oaths and take acknowledgments, DAVID GILSON and BELLE GILSON,
his wife, who being by me first duly sworn, depose and say that
they acknowledged the execution of the foregoing Agreement as
their free act and deed for the purposes therein expressed.
�'.�'.'rftW tl my signature and official seal at Miami Beach, Florida,
'I&
tNjit .� = day of July, A. D. 1951.
Q.
• dlFlitltt`Fi1
r otary Public, State of Florida at
Large.
My commission expires:
Wafffry puglie; %fa 6? qor7® of tar's4
My commission expires November,26, .195
Bondod by Amoricon Sur®ty Co °� L
-State of Florida, County of Dade.
This instrument was filed for record the--__c. day
1951 atl��. .°�.M and duly recorded in
800 S -__on Page. ------rile No. AA.._
E•B.LEATHERMAN
Clerjc circuit Court
OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA