Loading...
Examination of Title J .. Examination of Title Prepared b:y Miami Beach Abstract and Title Company To the following described lands, lying and being in Dade County, Florida A paroel of land bounded on the East by the Atlantio Ooean, on the North by the Riohard Carney Tract, on the West by Ocean Drive, and on the South by the Edmund Wilson Tract, whioh parcel of land is commonly known as ftLUMMUS PARK". Prepared for: CITY OF MIAMI BEACH. 11""- ..-......--. No. 2149 Wheeler BuUding. 614 Collins A !cnue MIAMI BEACH ABSTRACT AND TITLE COMPANY MIAMI BEACH, FLORIDA Telephone M. B. 2513 .. .At No.1 THE OCEAN BEACH REAll'Y COMPANY AGRE1!MENT . Dated November 5, 1915 Filed November 6, 1915 Reco rded in Deed Book 146, at page 28 Consideration: :lP40,OOO.00 TO TOViN OF MIAMI BEACH, DADE COUNTY, FLORIDA First party agrees to convey to second party a parcel of land des- cribed as follows: Lying, being and situated in the Town of Miami Beach; bounded on the East by the Atlantic Ocean, on the North by the Richard Carney Tract, on the West by Ocean Drive, and on the South by the Edmund Wilson tract~ together with all common law riparian rights now vested in the grantor; said tract of land above described containing approximately twenty acres. And the party of the second part hereby covenants and agrees to pay to the said party of the first part the sum of Forty Thousand Dol- lars (~40,000.00) in the manner following, to-wit: '40,000.00 due on or before twenty years after date wi th interest from January 1st, 1917 , at 5% per annum. said indebtedness to be further evidenced by a promissory note sign- ed in the name of the Town of Miami Beach, by J. N. Lummus, Mayor, and J. F. Canova, Clerk; said note further providing that all deferred interest payments shall bear interest from date of maturity at 5% on the whole sum remaining from time to time unpaid. And the party of the second part obligates and binds itself to pay all taxes, assessments or impositions, if any, that may be legally levied or imposed on said land, and subsequent to the year 1915. It is distinctly understood, however, that time is the essence of this agreement, and that if any payment herein designated, either principal or interest, shall remain unpaid for a period of six months after same shall become due and payable, then this instrument shall i~ediately thereafter become null and void, and of no further force, virtue or effect, insofar as the same affects the title to the pro- perty herein described, or any agreement to make deed. In case of default in any payment as aforesaid, all sums which may have been paid upon this contract~ together with all improvements whioh may be placed thereon, shall be forfeited to the party of the first part as liquidated damages. It is distinctly understood, however, that the deed which is to issue under this land contract shall contain a clause as follows, to-wit:- The property herein conveyed to the Town of Miami Beach is conveyed exclusively for park purposes, and shall never be used for commercial or residential purpo ses, and should the Town of Miami Beach at any time abandon said property as park property, or use same for commer- cial or resi dential purpo ses; then in such event, all right, ti tIe and interest hereby vested in the said Town of Miami Beach be and the same shall be immediately terminated and the legal title immediately revested in the grantor herein. 1 . No.1 (Cont'd.) Signed in name of Grantor by J. A. McDonaldt President. Corporate Seal affixed. Properly witnessed. Acknowledged on November 5t 19l5t before a Notary Public in and for the State of Florida at large. Expiration of commission August 14, 1918. Notary-Public Seal affixed. Also, signed and sealed by J. N. Lummus, Mayor of Town of Miami Beach, and J. F. Canova, Clerk. Acknowledged on November 5t 1915, before a Notary Public in and for the State of Florida at large. Expiration of commission August 14t 1918. Notary Public Seal affixed. No. 2 THE OCEAN BEACH REAL1Y corv1PANY t WABRAN1'Y DEED TO Dated November 6, 1915 Filed November 6t 1915 Recorded in Deed Book 145, at page 202 Consideration: $10.00 &. o. v. C. 'I'HE SO U'I1HERN BANK AND TRUST COMPANY, as Trustee Grants, bargains and sells certain property described as follows: Lyingt being and situated in the Town of Miami Beach; bounded on the East by the Atlantic Ocean, on the North by the Richard Carney Tract, on the West by Ocean Drive, and on the South by the Edmund Wilson Tract, together with all common law riparian rights now vested in the grantor; said tract of land above described contain- ing approximately twenty (20) acres. This deed is executed for the purpose of authorizing The Southern Bank and Trust Company, as Trustee, to carry out the terms and con- ditions of a oertain written contract entered into between The Ocean Beach Realty OompanYt and the Town of Miami Beaoht and the grantors herein hereby specially vest in the grantee full power and lawful authority to execute and deliver to the Town of Miami Beach a Warranty Deed of conveyance, conveying the above described pro- perty as soon as the Town of Miami Beach shall have paid the indebt- edness described in said contract. The contract above mentioned is dated the 5th day of Novembert 1915t and provides for the sale of the above described property to the Town of Miami Beaoh for the sum of $40,000, which said sum of $40,000 is due and payable on or be- fore twenty (20) years after the date thereof, with interest from January It 1917, at five per cent. per annum. Nowt then, in case the Town of Miami Beach shall well and truly comply with the terms and conditions of said contract, a copy of which is delivered with this deedt then in such eventt The Southern Bank and Trust Companyt as Trustee, is hereby directed to carry out the terms and conditions of said contract and to convey said property to the Town of Miami Beach, and The Southern Bank and Trust Company in accepting title thereto obligates and binds itself to carry out the terms and condi- tions of said contract, and to convey said property to the Town of 2 ,... No.2 (Cont'd.) Miami Beach as soon as it shall have complied with its part of said contract by paying the moneys therein described. This conveyance is also made with the distinct understanding that should the contract aforesaid be forfeited by the Town of Miami Beach by reason of non payment of principal and interest, as in said contract designated, then in such event The Southern Bank and Trust Company shall reconvey said property to The Ooean Beach Real- ty Company; and The Ooean Beach Realty Company, in executing this instrument, in order to fully vest in '.1'he Southern Bank and Trust Company all the powers that may be necessary to fully oarry out the terms and conditions of said contract, hereby nominates, desig- nates and appoints The Southern Bank and Trust Company as its true and lawful attorney-in-fact, for it and in its name, place and stead, to accept and receipt for all moneys, both principal and interest, to execute and deliver a Warranty Deed of conveyance, binding the grantors herein by all the usual terms and covenants of warranty contained in the common law or in the statutory War- ranty Deed, conveying the fee simple title to above described pro- perty to the said Town of Miami Beach; and in case said town shall fail to comply with the terms and conditions of said contract, by failure to make the payments therein designated as they become due and payable, for a period sufficiently long after maturity to can- cel and annul said contract, then in such event, The Southern Bank and Trust Company, is hereby fully authorized and empowered to act in the premises for The Ocean Beach Realty Company in oancelling and annulling said land contract, and to do any and all other acts that may be necessary for the full and ample protection of the Town of Miami Beach under said land contract, and for the protection of The Ocean Beach Realty Company as fully and completely as though the undersigned, The Ocean Beach Realty Company were acting in per- son, together with all and singular the rights, tenements, heredi- taments, and appurtenances thereunto belonging or in anywise ap- pertaining, and the reversion and reversions, remainder and remain- ders, rents, issues, and profits thereof; and also all the estate, right, ti tle, int erest, homestead, dower and right of dower, sepa- rate estate, property, possession, claim and demand whatsoever, at law and in e~uity, either and both, of the said party of the first part, of in and to the same, and every part and parcel thereof. ~O }~VE AND TO HOLD the above described premises each and every, unto the said party of the second part, its successors and assigns, in fee simple, absolute indefeasibly, fore~er. And the said party of the first part, for itself and its successors executors and administrators jointly and severally, covenant, prom- ise and agree to and wi th the said party of the second part, its successors, executors, administrators and assigns, that the said party of the first part, at the time of the sealing and delivery of these presents is lawfully seized in fee simple of a good, absolute and indefeasible estate of inheritance of and in all and singular the above described premises, each and every, and has good right, full power and lawful authority to convey the same in manner and form aforesaid; that the said party of the second part, its succes- sors and assigns, shall and may at all times hereafter peaceably and ~uietly have, hold, use, occupy, possess and enjoy the above described premises, and every part and parcel thereof, without any let, suit, trouble, molestation, eviction, or disturbance of the said party of the first part, its successors or assigns, or of any other person or persons, lawfully claiming or to claim the same, that the same, all and singular, are free, clear, diSCharged and 3 ,.0 No.2 (Cont'd.) unencumbered of and from all former and other title~, clouds and in- cumbrances of what nature and kind soever; that the said party of the first part its successors executors, and administrators, each and every, shall make, execute and acknowledge such further and other deeds and assurances as by counsel leaFned in the law may be considered reasonably proper to effectuate the full intent and mean- ing of this instrument. And the said party 'of the first part, for itself and its successors the above described premises, and every part and parcel thereof, unto the said party of the second part, its successors and assign~, against all and every person or persons whomsoever lawfully claiming or to claim the same, shall and will warrant, and by these presents forever defend. This alienation is with the joint consent of husband and wife, where that relation exists. Signed in name of Grantor by J. E. Lummus, Vice-President, and at- tested by J. N. Lummus, Secretary. Corporate Seal affixed. Froperly witnessed. Acknowledged on November 6, 1915, before a Notary Public in and for the State of Florida at large. Expiration of commission August 14, 1918. Notary Fublic Seal affixed. No.3 THE SOUTF...ERN BANK &. TRUST COb~A1~, as Trustee WARRAN'I'Y DEED TO Dated December 4, 1917 Filed December 24, 1917 Recorded in Deed Book 176, at page 26 Consideration: ~lO.OO &. O. V. C. CITY OF MIAMI BEACH, DADE COUNTY, FLORIDA Grants, bargains and sells certain property described as follows: Bounded on the East by the Atlantic Ocean, on the North by the Richard Carney Tract, on the West by Ocean Drive, and on the South by the Edmund Wilson Tract, together with all common law riparian rights now vested in the grantor, said tract of land above describ- ed contain approximately twenty acres. This deed is executed in accordance with the provisions of that oer- tain deed dated November 6, 1915, from the Ocean Beach Realty Com- pany, party of the first part, to The Southern Bank &. Trust Company, as ~ru stee, party of the second part, as it appears of record in Deed Book 145 at Fage 202, of the Fublic Records of Dade County, Florida, and in pursuance of a certain written contract in said deed specifically mentioned and for the purpose of carrying out the true intent and meaning of said deed and contract. The property herein conveyed to the Town of Miami Beach is conveyed exclusi vely for park purposes, and shall never be used for commer- cial or residential purposes, and should the Town of Miami Beach at 4 No.3 (Cont'd.) any time abandon said property as park property, or use the same for~cammercial or residential purposes, then in such event, all right, title and interest vested in the Town of Miami Beach shall immediately terminate and the legal title thereto shall immediately be revested in The Southern Bank & Trust Company as ~rustee for The Ocean Beach Realty Company. together with all and singular the. . . . . . . . tenements, here- ditaments and appurtenances thereunto belonging or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, homestead, dower and right of dower, separate es- tate, property, possession, claim and demand whatsoever, at law and in e~uity, either and both, of the said party of the first part, of, in and to the same, and every part and parcel thereof. 'l'OP..AVE AND TO HOLD the above described premi ses each and every, un- to the said party of the second part, its sucoessors, in fee simple, absolute indefeasibly forever. And the said party of the first part, for itself and its sucoessors, jointly and severally, covenant, promise and agree to and with the said party of the second part, its successors, that the said party of the first part at the time of the sealing and delivery of these presents is lawfully seized in fee simple of a good, absolute and indefeasible estate of inheritance of and in all and singular the above described premises, each and every, and has good right, full power and lawful authority to convey the same in manner and form aforesaid; that the said party of the second part, its successors, shall and may at all times hereafter peaceably and ~uietly have, hold, use, occupy, possess and enjoy the above described premises, and every part and parcel thereof, without any let, suit, trouble, molestation, eviction, or disturbance of the said party of the first part, its successors or of any other person or persons, lawfully claiming or to claim the same, that the same,all and singular, are free, clear, discharged and unencumbered of and from all former and other titles, clouds and incunilirances of what nature and kind so- ever; that the said party of the first part its successors, each and every, shall make execute and acknowledge such further and other deeds and assurances as by counsel learned in the law may be considered reasonably proper to effectuate the full intent and mean- ing of this instrument. And the said party of the first part, for itself and its successors, the above described premises, and every part and paroel thereof, unto the said party of the second part, its successors, against the party of the first part and its successors and against all and every person or persons whomsoever laWfully claiming or to claim the same, by, through or under it, shall and will warrant, and by these presents forever defend. This alienation is with the joint consent of husband and wife, where that relation exists. Signed in name of Grantor by J. E. Lummus, President, and attested by T. E. James, Secretary. Corporate Seal affixed. Properly witnessed. Acknowledged on December 4, 1917, before a Notary Public in and for the State of Florida at large. Expiration of conwission November 24, 1919. Notary Publio Seal affixed. 5 ,..' No.4 THE OCEAN BEACH REALTY COMIANY, a Florida corporation REVOCATION POWER-oF-ATTORNEY 'I'O Dated May 21, 1930 Filed May 26, 1930 Recorded in Deed Book 1384, at page 162 Clerk's File No. F-15008 ':eRE S OU'lRERN BANK AND TRUST CO~~ANY, a Florida corporation, as Tru stee. KNOW ALL lVlEN BY 'IHESE PRESENTS that THE OCEAN BEACH REALTY COMPANY, a Florida corporation, does hereby revoke the power-of-attorney granted to The Southern Bank and Trust Company, a Florida corpora- tion, as Trustee, in and by that certain instrument dated the 6th day of November, 1915 and of record in Book 145 of Deeds at Page 202, of the Public Records of Dade County, Florida, with reference to that certain property situate in the County of Dade and State of Florida, and more particularly described as follows, to-wit: Lying, being and situated in the Town of Miami Beach; bounded on the East by the Atlantic Ocean, on the North by the Richard Carney Tract, on the West by Ocean Drive, and on the South by the Edmund Wilson tract, together with all cammon law riparian rights now vested in the grantor, said tract of land above described containing approximately twenty (20) acres j and does hereby revoke any and all right, title or authority hereto- fore granted to the said 'I~e Southern Bank and Trust Company, as 'l.'rustee, as attorney-in-fact, agent, or in any other capacity what- soever that may have been created or arisen under or by virtue of the sa1 d power-of-attorney or the said instrument dated the 6th day of November, 1915. No ratification of any of the acts of the said The Southern Bank and Trust Company, as Trustee, with reference to the above described property has ever been made by the undersigned corporation, and no such ratification is intended by this instrument, but it is the spe- cific intent of the undersigned, ~he Ooean Beach Realty Company, that the original power-of-attorney and all rights granted to the said The Southern Bank and ~rust Company, as 'lrustee, under and by virtue of the said instrument hereinbefore described, shall be and are hereby revoked without any ratifioation of any of the acts of the said attorney-in-fact and agent, if any there be, pursuant to or under the said power-of attorney and instrument hereinbefore des- cribed. Signed in name of Grantor by J. N. Lummus, President, and attested by H. F. Ward, Secretary. Corporate Seal affixed. Properly wi tn eased. Acknowledged on May 21, 1930, before a Notary Public in and for the state of Florida at large. Expiration of commission March 8, 1931. Notary Public Seal affixed. 6 , , " ,. No. 5 IN THE CIRCUIT COURT OF 'I'HE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN ~~D FOR DADE COUNTY. C01'IMON LAW. No. 13269. ) ) ) ) Plaintiff,. ) ) . . ) 'l'HE CITY OF MIAMI BEACH, a muni-) cipal corporation organized and ) existing under the laws of the ) state of Florida, ) ) Defendant. ) 1m OCEAN BEACH REALTY COlvlFANY, a corporation of the state of Flori da, NOTICE OF LIS PENDENS Filed July set 1930 Recorded July 23, 1930 in Lis Pendens Book 40, at page 297 -vs- Notioe is hereby given that suit has been commenced in the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, wherein 'lliE OCEAN BEACH REALTY C01JFANY, a oorporation of the State of Florida, is Plaintiff, and THE CITY OF MIANIT BEACH, a munioipal corporation organized and existing under the laws of the State of Florida, is Defendant. The Declaration in tnis cause was filed on the day of June, A. D. 1930. The relief sought by this suit is the ejectment of the above named Defendant from the property hereinafter described, a more particu- lar description of the relief sought being had by reference to the Declaration now on file in the said cause. ~he land involved in said suit is the following described land, situate, lying and being in the County of Dade State of Florida, more particularly described as follows, to-wit: The West Fifteen (15) feet of that certain property ly- ing, being and situated in the Town of Miami Beach, bound- ed on the East by the Atlantic Ocean, on the North by the Richard Carney Tract, on the West by Oce~ Drive, and on the South by the Edmund Wilson Tract, together with all common law riparian rights now vested in the grantor. Also described as follows, to-wit: Situate, lying and being in Dade County, Florida, more particularly described as follows: Beginning at a point on the south line of the north half of Section 3, Township 54 South, of Range 42 East, at the intersection of said south line as aforesaid with the east line of Odean Drive as shown on a plat of Ocean Beach Addition No.1 as recorded in Plat Book 3 at Page 11, Dade County Records; Thence North along the east side of said Ocean Drive, parallel with and 30 feet east of the west side of said Ocean Drive to the north line of the aforesaid plat, plat book and page as aforesaid; Thence continuing north, along the east side of said o cea n Dri ve parallel with and 30 feet east of the west si de of said Ocean Drive as shown on a plat of Ocean Beach Addition No.2, as recorded in Plat Book 2, at page 56, ? , .. No. 5 (Cont'd.) Dade County Records, to the north line of said plat of Ocean Beach Addition No.2, as aforesaid, said north line being the south line of the Richard Carney ~ract; thence East along the last described line, to a point 15 feet east of the East side of said Ocean Drive as aforesaid; Thence South parallel with and 15 feet east of the east side of said Ocean Drive as aforesaid, to the south line of Ocean Beach Addition No.1, plat book and page as aforesaid, said south line being the south line of the north half of Section 3, Township 54 South, of Range 42 East, and the north line of the Edmund Wil- son 'l'ract; Thence west along the last described line to the point and place of beginning. ( Signe d) STAPP, GOURLEY, VINING &. WARD Attorneys for Plaintiff. ABSTRAC~OR'S NOTE: On re~uest we except all other matters pertaining the above styled case. 8 " .. Certificate _/ Miami Beach Abstract & Title Company (A Corporation under the Laws 01 the State 01 Florida) DOTIl CERTIFY: First: That the foregoing and annexed numbered One (1) to Five (5) by it from the public records of Dade County, records and sources as are therein indicated. Abstract of Title, comprIsmg entries inclusive, was compiled Florida, and from such other public Second: This Abstract covers that period of time extending from November 6, 1 <ll15 , to and including the date of this certificate. Third: This Abstract exhibits all instruments of record purporting to transfer, convey, mortgage, charge or encumber the title to or any interest in the land described in caption hereof; and also all suits at law or in chancery, if any (as evidenced by' a Lis Pendens notice that has been recorded), now pending in the Circuit Court of the State of Florida, in and for Dade County, in anywise affecting or relating to the title to said land. Fourth: This Abstract exhibits all unsatisfied United States Income Tax Liens, and all judgments and decrees, if any, for the recovery of money from and against any of the several persons (by names and initials as therein stated, but not otherwise) who have been or are now parties to the chain of title to said land, as shown by the convey- ances herein exhibited, and which are of record in the office of the Clerk of the Circuit Court in and for said Dade County, Florida, exclusive of such, if any, as were entered sub- sequent to the date of the filing for record of the conveyance by which such person or persons parted with the title. Fifth: All items exhibited in this Abstract, unless otherwise noted, are executed in regular form according to the General Statutes of the Laws of Florida. This Abstract exhibits all unredeemed Tax Sales as shown by the records of the Clerk of the Circuit Court in and for Dade County, Florida, for which said land is chargeable on the date of this Certificate. IN WITNESS WHEREOF, the said Company has caused these presents to be signed in its name and its corporate seal to be hereunto affixed at Miami Beach, Flor- ida, this 21st day of August ,A. D.l~O ,at 8 A. M. / Certificate No. 2149. MIAMI BEA~: AmJTI!LE ~~ ~president.