Opinion on Abstract of Title
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OPINION on Abstract of Title prepared by Miami Beach Abstract
& Title Company. under Certificate No. 8053. oonsisting of thirty-nine
entries. covering the period ot time extending from the Beginning to and
inoluding the 27th day of February. A.D. 1940. at 8 A.M.; and continuation
thereof by Miami Beaoh Ab strac t & Title Company, under Certificate No. 8133.
consisting of two entries. oovering the period of time extending from
February 27, 1940, at 8.00 A.M., to an.d including the 21st day of March,
1940 at 8 A.M. J and continua tion thereof by Dade-Commonwealth Title Company,
under Certifioate No. 125.367, consisting of three entrie., covering the
period of time extending from March 21, 1940 at 8 A.M. to the 6th day of
August, A. D. 1940, at 8 A.M. J and oontinuation thereof' by Florida Title
Company. under Certificate No. 211,117. consisting of five entries. cover-
ing the period of time extending from the Sixth day of Au~st A.D. 1940, at
8 A.M. to the Twenty-fifth day of September, A. D. 1941, at 8:00 A.M.; and
continuation thereof by Miami Beach Abstract &: TitleUompany, under Certifi-
cate NO. 9398, consisting of one entry. oovering the period of time extend-
ing from September 25, 1941, at 8:00 A.M. to and including the 8th day of
00 tober, 1941 at 8 A.M.; and conti. nua tion thereof by Florida Ti tIe Company,
under Certificate No. 213,344, consisting of two entries. covering the
period of time extending from the Eighth day of' October. 1941, at 8 A.M.
to the Twenty-fourth day of November, A. D. 1942, at 8:00 A.M.; and con-
tinuation thereof by the same Company, wider Certifioate No. 220.079,
consisting of six entries, covering the period of time extending from the
Twenty-fourth day of November. A. D. 1942 at 8 A.M. to 'the Eighteenth day
ot August, A. D. 1944.. at 8tOO A.M.; purporting to delineate the title to
the following described property situate in Dade County. Florida.. to-wit;
Lot "Aft of DI LIDO. an Island in Bisoayne
Bay, acoording to the Plat thereot, recorded
in Plat Book 8, at Page 36. of. the Publio
Records of' Dade County~ Florida;
ALSO
An. 8 foot strip of land oontiguous to the
Northerly boundary line of said Lot "Aft.
lying between the Northerly extension of'
the Easterly and Westerly boundary lines
of' said Lot "Aft.
From an examination of the above desoribed abstract of title and
basing my Opinion 80lely upon the same, I am of the opinion that as of the
Eighteenth day of August, A. D. 1944, at 8100 A.M.. the fee simple title to
the property hereinabove set forth was vested in
FRANK E. RICHMOND.
subject to the follOWing.
FIRST. The above named owner acquired title in 1943 from Sea-Bay
Corporation, a Florida corporation, whose deed recites that it is made in
full sa.tisfaotion of' a oe~tain mortgage given by said oorporation 'to the
above named owner on Ootober 7. 1941, to secure a note in the amount of
$3500.00. This mortgage 1s of reoord in MOrtgage Book 1365, page 397. of
the Dade County. Florid.., reoords.
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It appears that the above named owner, joined by his wif'e, at the
time of' the reoeipt of the above mentioned deed gave Sea-Bay Corpora tion an
option 1n purchase the above described property for the sum of $4211.33 plus
6% interest from January 1, 1943, together with the amount of all taxes paid
thereon, wi th interes tat 6%, at any time "wi thin one year f'rom the da1e of'
the deolaration of an armistioe of present hostilities between the allied
powers and the German Government.
Any purohaser of said property should seoure, not only a deed f'rom
Frank E. Richmond and wif'e, but also a satisfaotion of the above mentioned
mortgage and a sui table release of all claims of ti tle to the property from
Sea-Bay Corporation.
SECONDs It appears that there is an outstanding intangible tax
tor 1942 in the amount of' .4.39 against Frank E. Riohmond.
lHIRDs Taxes tor the year 1944, the amount of which has not yet
been determined, constitute liens against the land on behalf ot the several
taxing authorities.
FOURTHs
Venetian Estates, Inc., a Florida oorporation, held title from Maroh
10, 1934 to Maroh 12, 1935. A purchaser should be satisfied that this cor-
poration was in good standing with State authorities during this period, that
is, that its oorporate powers had not been suspended for non-payment of corporate
stook tax.
FIFTH. The area including Lot WAil above desoribed was oonveyed by the
Trustees at the Internal Improvement Fund of the State of' Florida to The Bay
Bisoayue Improvement Company in 1920. The deed reoi tes that this property is in
Section 33, Township 53 South, Range 42 East, Dade County, Flori4a. It is
aotually looated in Seotion 32 of said Township and Range. While the desoription
is olear notwithstanding thiser.ror, some f'uture purchaser _y demand that it
be corrected by a supplemental deed from the Trustees of the Internal Improvement
Fund, whioh can no doubt be very eas1ly secured.
The eight toot strip above mentioned was eonveyed in 1930 by 'the s_e
grantees and this deed also erroneously states that the property lies in
Section 33.
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Any supplemental deed seoured trom the Trustees ot the Internal
Improvemm t Fund should release t he usual reservations ot phosphate.
petroleum and other right8 generally tound in deedi8l!1ued by the Trustees
ot the Internal Improvement Fund. These rights have been released as to
Lot "A" above but not as to the eight toot strip.
SIXTH, The permit issued in 1926 by the Distriot Engineer on
behalt ot the War Depar tment contains the usual 11mi ta tions. inoluding the
right to require 'the owner "to remove or alter the structural work or ob.
struotions *** so as to render navigation reasonably tree. easy and unob-
struoted) ..*..
SEVENTH. The property under searoh is subject to any zoning
regulations of the City or Miami Beach presoribing permislible uses ot said
property) and is also subjeot to any unpaid claims tor labor or material
bestowed on or plaoed upon the premises wi thin the period ot the last three
months. Such unpaid items may oreate liens without any record thereot in
any publio ottioe. An inspeotion and investigation ot the premises is 'the
only method of determining whe'ther or not suoh liens exist) also sUbjeot
to the rights of parties in possession " other than those named herein as
interested in the premises. the rights of suoh persons in possession whioh
do not appear of reoord can be determined only by inspeotion ot 1;he premises
and in,.stigation.
EIGHTH. It is assumed that the survey upon 1dlioh the plat ot
Di Lido Island is based was aoourately made and that 'there are no uncorreoted
errors therein and. it there be any, they are not disolosed by the abstract
of title and theunder8igned exandner acoepts no responsibility therefor.
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