Opinion on Abstract of Tile
OPIIIOR on Abstract ot Title prepared by
Miami Beach Abstract & Title Co., under Certiticate No. 32529,
containing entries numbered 1 to 48, inclusive, and covering
the period ot time extending trom February 5, 1914, at 8:00
A. M. to July 15, 1961 at 8:00 A. M.; purporting to delineate
the tee simple title in and to those certain parcels of land
situate in Miami Beach, Dade County, Florida, and described
as tollows, to wit:
Lots ~ and 8 in Block 73 ot
OOEAlf BEACH ADDI'fIOR BO. 3,
according to the plat thereot,
reGorded in Plat Book 2, at page
81 ot the public records ot Dade
County, Florida.
From an examination ot said Abstract ot Title
and basing my opinion solely upon the same, I am of the opinion
that on the 15th day ot July, 1961, at 8:00 A. M., the tee
simple title in and to said land was vested in
FREIDA DB HAAV and ALBERT
DE BUV, her husband
SUBJECT, nevertheless, to the tollowing:
1. Those certain restrictions as to said Lot 7 which are
contained in that certain warranty deed trom !he Miami
Ocean View Company to C. E. Winter dated February 26, 1923,
recorded in need Book 353, page 105 ot the public records ot
Dade County, Florida, which provide that no residence building
shall be erected on said lot unless it costs at least $4,000.00
and no house, structure or building may be constructed on said lot
to be used tor any sort ot business other than apartment houses,
sanitariums or churches and that no building shall be constructed
closer than 25 teet to the tront line of said lot and that the
lot shall never be sold to any person other than of the Caucasian
race nor to any firm or corporation of which any person or pereons
other than ot the Caucasian race shall be a member or stockholder
and that no intoxicating liquor shall ever be manufactured or sold
upon said land. The deed provides that violation in whole or in
part of any ot these restrictions shall cause the title of the land
to revert to the grantor.
2. Those certain restrictions as to setd not 8 contained in that
certain warranty deed dated March 20, 1923, trom Miami Ocean
View Company to Lucien Wheatly and Lydia M. Wheatly, husband
and wite, recorded in Deed Book 338, page 129 ot the public records
ot Dade County, Florida, which restrictions are identical with those
set torth in Item 1 hereot.
3. Questions ot survey; rights ot parties in possession; taxes
tor the year 1961 and zoning ordinances ot the City ot Miami
Beach, Florida.
4. Possible mechanics' liens for work done or aaterial
furnished on or about the premses during the three
months immediately preceding July 15, 1961.
Brepared b,.:
Ben Shepard
tor: Ci t,. of Miami Beach
July 28th, 1961
Addendum: The abstract mentions the fact that the City of
Miami Beach has instituted a suit to condemn this property
tor off the street parking ot automobile purposes but does
not show that the suit has been car ed i completion.
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