Opinion of Abstract of Title
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OPINION of PRICE. PRICE & EYLES. on abstract of title dated the 1st
day of December. 1917. made by Dade County Title Insurance
& Trust Company. said .abstraot containing 43 entries. in
, so far as same effects the title to the following described
property. to-wi t: All tha t .. part of Government Lot Four (4)
Section 34. Township 53 South. Range 44 East. and the North
Half (~~) of Section 3. Township 54 South. Ranee 42 East.
particularly described as follows - Bounded on the East by
the A tlantioOoean; . bounded. on the Nor:th.by the, ~ichard
Carney Tract. bounded on the West by Ocean Drive; bounded
on the South by the Edmund Wilson Tract - together with all
common law riparian rights appurtenant thereto.
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An examination of said abstract shows that the
Ocean Beach Realty Company. on the 5th day of November, 1915. was the
owner of the above described property. and that on said date. said
Ocean Beach Realty Company entered into a land contract wherein and
whereby they agreed to convey to the town of Miami Beach, for park
purposes. the strip of land described in the heading of this opinion.
Thereafter. to-wit: on the 6th day of November. 1915. the Ocean Beach
Realty Company executed and delivered to the Southern Bank & Trust
Company. a warranty deed of conveyance conveying said property above
described to the Southern Bank & Trust Company as Trustee.for the ex-
press purpose of authorizing. empowering. and directing the Southern
Bank & Trus't Company. as Trustee. to convey said property to the town
of Miami Beach as soon as the town of Miami Beaoh should have paid the
said sum of $40.000.00. same being the purchase price as above designatec
for said property.
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The deed so made by the Ocean Beach Realty
Company as aforesaid to the Southern Bank & Trust Company as aforesaid.
furthermore nominated. designated. and appointed the Southern Bank &
Trust Company as its true and lawful attorney in fact. to collect the
payments due upon said land contract. to canoel said contract in the
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event said payments were not made. and also to sign the name of the
said Ocean Beach Realty Company to any warranty deed of conveyance.
and to do any and all acts necessary for the purpose of perfecting a
fee Simple title in the town of Miami Beach as soon as the terms and
conditions of said land contract were
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with upon behalf of said
town.
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leases to pe~sons having lots fronting upon this park. One of said
leases appearsto have been executed to w.~ Cauley, one to W. S. Gram-
ling, and one to J. N. Lummus. Each of said leases provide, however,
that they shall run until the town of Miami Beach should be incorporated
and until said town should have acquired the property covered by said
.
leases and dedicated it as a park for the perpetual use of the publiC.
Under the terms and conditions of said leases, as soon as the town of
Miami Beach acquires title to the above described property for park
purposes, and dedicates same for such purpose, said leases will become
void.
The abstract shows that this property is not
assessed for State, County or City taxes for the year 1917, under the
assumption, doubtless, that same is public property. Satisfactory
p~oof should be furnished showing that the 1916 state, County and City
taxes are paid, or that same were not assessed for said year.
A certificate should also be obtained from the
City Clerk showing ~lat there are no liens against said property for
public improvements.
We find nothing in the abstract or in any of
the maps or plats indicated in said abstract. that indicate that the
Ocean Beach Realty Company parted with its title to the property de-
scribed in the heading of the abstract by any dedication or by any
conveyance made prior to the land contract made to the City of Miami
Beach as aforesaid.
We have also examined a special warranty deed
from the Southern Barne & Trust Company, a corporation, to the town of
Miami Beach, a municipal corporation. Said deed is in proper form. and
properly executed. and when placed on record, will vest the fee Simple
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title to the property described in the heading of this opinion, in the
City of Miami Beaoh.
In order to terminate the leases above mentioned,
however, said deed should be conveyed to the town of Miami Beach solely
for park purposes, or tlse a dedioation\ thereof ,shouldb~ made "the
town of Miami Beach, perpetually dedicatingl!he same to the publlC for
park purposes.
The land oontraot executed by the Ooean Beaoh
Realty Company to the Southern Bank & Trust Company provides that the
deed which shall be given by the Ocean BeaohRealty Company to the town
of Miami Beach shall contain the following clause:
"The property herein conveyed to the town of Miami
Beach is conveyed exolusively for park purposes, and shall never be used
for commercial or residential purposes, and should the town of Miami
Beach at any time abandon said property as park property. or use the same
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for commercial or residential purposes, then in such event all right,
title and interest vested in the tOin1 of Miami Beach shall immediately
terminate and the legal title thereto shall immediately be revested in
the Southern Bank & Trust Company, as Trustee for the Ooean Beach Realty
Company."
In view of this cla.use contained in the contraot
given to the Ocean Beach Realty Company, although same is not mentioned
in the deed from the Ocean ]3each Realty Company to the Southern Bank &
Trust Company, we would advise that said clause be incorporated in the
deed or else that the Ocean Beach Realty Company execute a quit claim
deed to the town of Miami Beach at the same time the warranty deed is
executed and delivered.
Respectfully submitted,
PRICE, PRICE & EYLES,
Examining Attorneys.
MDP:J
12-4-17
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Since giving the above and foregoing opinion
upon deed executed by the Southern Bank & Trust Company, we have
prepared a now deed embodying all the terms and conditions of the
land contract, which, in our opinion, is suffioient to:ps,ssthe
~i tIe out of the Southern :Sanlc & Trust compa:;: ~ .I {he~Ci ty of
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Miami Beach for park purposes. and dispenses with the necessity
of obtaining a quit claim
MDP: J
12-4-17
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