Warranty Deed WD-3
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THIS INDENTURE, Made this
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day of November, A.D. 1919
between 'mE MIAMI OCEAlt VIEW COMFANY, a corporation organized and existing und-
er the laws of the State of Florida, party of the first part, and the OITY OF
MIAMI BEACH, a municipal corporation situate in the county of Dade and State
of Florida, party of the seoond part,
WITNESSETH: That the said party of the first part, for and in oon-
v.' -five
slderation of the sun of Thirt.z!Thousand (~5,OOO.OO) Dollars, to it in band
paid by the said :party of the second part, the receipt whereof is hereby ac-
knowledged, bas granted, bargained and sold to the said party Of the seoond
part, its successors and assigns forever, the following described real estate
and pGrsonal propertysltuate and located in the City of Miami Beach, County
of Dade and State of Florida, described as follows, to-wit:
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Lot Numbered Fourteen (14) of Blook Numbered
Sixty-nine (69) as the same is shown, marked and
designated on a Plat of Ooean Beach, Florida, Ad-
dition No.3, recorded in Plat Book 2, at page 81
of the Public Records at: Dade county, Florida;
Also the water works system of the Grantor here-
in, now owned, operated and maintained by it in the
City of Miami Beach, including all wells, pumps,
machinery, water mains, ~drant8 and other equipment
and apparatus appertaining thereto, and now in a:rJ.'y
manner used in.oonnection therewith, including the
right to enter upon e:ny other real estate nON owned
by Baid corporation for the purpose of maintaining
and making neoes8ary repairs to said ~ter system,
or any part thereof.
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IT IS MUTU\LLY UNDERS'roOD AND AGBElilD by and be-
tween the parties hereto, that this oonveyance is made
subject to the following restriotions and limitations,
which are intended to be and shall be taken as covenants
to run with the land, and which ~ intended to be and
shall be taken as conditions of this conveyance and one
of the express considerations thereof, viz:-
1. The cOnstruction or erection of buildings on
tt~ real estate herein conveyed is limited to such build-
ings or additions as are or may beoome necessary for the
further oompletion of the city water s18tem.
2. Any building or addition whiohmsy be erected
under clause one (1) above must be of stone, stucoo,
ooncrete, vitrified tile or blocks, with tile or shingle
roof, so finished as to match the present buildings. No
temporary sheds ()f any charaeter shall. "be erected or
placed on the property.
3. The above described property shall never be sold,
leasect or rented in any form or manner, by any title,
either legal or equitable, to any person or persons other
than of the Caucasian Race, nor to a~ firm or corporation
of which any person or persons other than of the Caucasian
Race shall be a member or s tookholder. ....
SHUTTS. SMITH & BoweN. ATTORNEYS-AT-LAW. MIAMI. "LA.
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4. No spirituous, vinous, malt or other intoxicating
liquors shall ever be manufaotured, sold or bartered upon
said real estate.
5. The real estate hal'ein oonveyed shall not at any
time be subdivi4ed; but this restriction shall not prevent
the Grantee from conveying any part of the said real estate
herein conveyod to the owner or o','JUers of lots ad~oining the
real estate hareby conveyed.
o. the provisions, limitations and restrictions of
this instrument shall not be construed so as to prevent or
11mi t the Grantee from keeping or maintaining on the rea.l
estate hereby conveyed, such employees, or servants as may
be required for operation Of the plant.
7. One of the express considerations of this convey-
ance is that the Grantee herein agrees to allow the use of
such water without oost to the Grantor herein, as is neces-
sarily used on the following fields and traots:-
The Miami Heach Golf COUrse and Club Buildings,
The Miami Beach polo Grounds, Club House and Stables,
TM Flamingo Golf Course and Ulub Buildings,
for a periOd Of twenty years from the date hereof, and until
said fields are abandoned, or tllJir present use discontinued.
All the conditions, covenants, stipulations and agreements
and each and every one of them herein contained, are to have
the effect of covenants running~ith the land and the grantor
by the execution and delivery of this deed, and the Grantee, by
tne execution, delivery and aoceptance of this deed, each several-
ly bind themselves, their successors or assigns, to perform, ful-
fill, abide by and oarry out each and every of said covenants,
stipulations and agreements. Violation in \IDole or in part of
any of the within limitations and restrictions by the Grantee
or its sucoessors or assigns, or by the O~er or owners of the
real estate herein oonVeyed by virtue of any judicial prooeed-
ings, shall oauso the said above desoribed and oonveyed real
estate to inmediately revert to the Grantor, its suooessors
or assigns, and shall entitle the Grantor, its sucoessors Or
assigns, to immediately enter upon said property without
not'ice, and take possession of the same, with full title,
in fee simple, together with all tmprovements thereon.
And the said party of the firs t part does hereby tully warrant the ti tle to
sald real estate and plrsonal property and will defend the same against the
laWful claims of all persons whomsoever.
IN 'inTN~S WHEREOF, the Baid p rty of the first part bl'ls hereunto
oaused its corporate name and seal to be set and affixed by its Vice President,
the day and year first above ~Titten.
THE MIAMI OCEAN VIEW ca.IPAm',
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SHUTTS. SMITH'" BOWEN. ATTORNEYS-AT-LAW. MIAMI. "LA.
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13fATE OJ' FLORIDA,
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COUBfi OF DADE.
I, a ~otary Public of the State of
Florida
, an officer au-
thorized to tak:e a.oknowle.ents. hereby certify that on this
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day of November, A. D. 1919, personally appeared before me J. E. LtlI04tE
ancl JOHN H. LEVI, respeotively, Vice President and Secretary cf tHE
MI.AIlI OOEAll VIEW COMPANY, a corporation organized and existing under the
laws of the State of Florida, to me well kn~v.n to be the persons described
in and who executed the foregoing conveyance to the CITY OF MIAMI BEACH, and
severally acknowledged the execution thereof to be their free and voluntary
act and dead as such officers for the uses and purposes therein expressed;
that they affixed thereto the official seal of said corporation and that
said instrument is the aot and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Official
seal in the County of Dade and State of Florida, this ~y: ~ day of
November, A.V. 1919.
My COllllllillsion expires -@~ ~-/~~3
SHUTTS. SMITH'" BOWEN. ATTORNEYS-AT-LAW. MIAMI. ~LA.
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