WD-11-3 City Park
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WARRANTY DEED
This indenture, Made this 5th day of February,A. D.,
1942, Between the MIAMI BEACH BAY SHORE COMPANY, a oo~poration
or~nized and existing under the laws of the State of Florida,
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party of the first part, GRANTOR. and the CITY OF mAllI BlSACH,
of the County of Dade and State of Florida, GRANTEE,
WIT N E SSE T HI
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That the said party of the first part, for and in
oonsideration of the sum of TEN DOLLARS and other good and val-
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uable oonsiderations, to it in hand paid by the party of the
second part herein, the receipt whereof is hereby acknowledged,
has granted, bargained and sold to the said party of the second
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part, its suocessors and assigns forever, the following described (
land, situate, lying and being in the County of Dade and state of
Florida, desoribed as follows, to-wit,
A parcel of land lying in a portion of the
Northeast Quarter (NE~) of Fractional Section Twenty-two (22),
in Township Fifty-three (53)' South, Range Forty-two (42) East,
in Dade County, Florida, more partioularly desoribed as follows.
Beginning at a permanent referenoe monument at the
Northwest (D) oorner of the Northeast Quarter (NEt) of the
Northeast Quarter (NEt) of Fractional Seotion Twenty-two (22)
in Township Fifty-three (53) South, Range Forty-two (42) East;
thence southerly along the east line of Delaware Avenue three
hundred fifty-two and one-tenth (352.1) feet to a permanent
reference monument; thence westerly along the south line of
West 50th Street, produoed one Hundred (100.0) feet to the point
of beginning of the herein described tract; thence westerly
oontinuing along the same aforesaid line a distance of one hundred
eighteen and seventy-eight hundredths (118.78) feet to the point
of ourvature of a ourve to the left of radius fifty (50) feet;
thenoe southerly along said curve forty-six and sixteen hundredths
(46.16) feet to the point of tangenoy of said curve; thence
southerly along the tangent to the last mentioned ourve, said
tangent being the southeast line of Alton Road, a distanoe of
forty-two and twenty-eight hundredths (42.28) feet to the point
of ourvature of a curve to the left of radius one hundred twenty-
five (125) feet; thence southeasterly along said ourve one
hundred sixty-five and eighty-four hundredths (165.84) feet to
the point of tangency of said ourvo; thenoe southeasterly along
the tangent to the last mentioned ourve, said tangent being the
northeast line of West 49th Street, a distanoe of forty-one and
four hundredths (41.04) feet to the point of ourvature of a
curve to the left of radius fifty (50) feet; thenoe easterly
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along said curve forty-four and fifty-eight hundredths (44.58)
feet to the point of tangency of said curve; thence easterly
along the tangent to the last mentioned curve. a distance of
one hundred sixteen and eight tenths (11S.8) feet to a point;
thence deflectin~ to the left eighty-nine degrees. fifty-six
minutes (890_56' J on the west line of Delaware Avenue, a dis-
tance of two hundred fifty-eight (258.0) feet to the point of
beginning, containing one and nine hundredths (1.09) acres.
more or less.
A L S 0
A parcel of land lying in a portion of the North-
east Quarter (NEt) of Fractional Section Twenty-two (22) in
Tmvnship Fifty-three (53) South, Range Forty-two (42) East.
in Dade County, Florida, more particularly described as followsl
Beginning at a permanent reference monument at the
Northwest (n) corner of the Northeast Quarter (NEi) of the
Northeast Quarter (NEt) of Fractional Section Twenty-two (22)
in Township Fifty-three (53) South. Range Forty-two (42) East;
thence southerly along the east line of Delaware Avenue two
hundred ninety-two and one-tenth (292.1) feet to a permanent
reference monument; thence westerly along the north line of
West 50th Street produced one hundred (100) feet. to the point
of beginning of the herein described tract; thence westerly
continuing along the same aforesaid line a distance of ninety-
eight ~nd three tenths (98.3) feet to a point; thenoe deflect-
ing to the right one hundred twenty-seven degrees six minutes
(1270-06') on the southeast line of Alton Road, a distance of
one hundred sixty-three and thirty-two hundredths (163.32) feet.
to a point; thenoe defleoting to the right one hundred forty-
two degrees fifty-eight (1420-58') minutes on the west line of
Delaware Avenue. a distanoe of one hundred thirty and twenty-
five hundredths (130.25) feet, to the point of beginning,
containing one hundred forty-six thousandths (0.146) of an aore,
more or less.
It is expressly understood, covenanted and agreed by
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and between the Grantor and the Grantee herein that the a1:ove
described property is oOIIV'eyed to the City of Miami Beach, Florida.
the Grantee herein. for park purposes only, and that the City of
Miami Beach. Florida, shall not erect D!rshall it allow to be
erected, on any part of the land herein conveyed. a~ building or
buildings, memorials or other structures. Violation of these
oonditions shall cause the above described and conveyed property,
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together with all improvements thereon, to immediately revert to
the grantor herein, its suocessors or assigns, with full title
in fee simple, as fully and oompletely as if this oonveyanoe had
never been made.
The above and foregoing oovenant shall not apply to
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nor shall it be oonstrued to apply to the ereotion, maintenanoe
or repair of the memorial shaft or monument perpetuEl. ting the
memory of the late Carl G. Fisher now in existenoe on the above
desoribed property, and it is expressly understood and agreed that
the City of Miami Beach, Florida, by these presents is to do any
and all aots neoessary or proper for the maintenance, upkeep and
repair of this said monument or shaft, as it now exists or me.y
hereafter be altered or changed.
It is further expressly understood and agreed by and
between the Grantor and the Grantee herein that any citizen or
taxpayer of the City of Miami Beaoh, Florida, by virtue of these
presents shall have the right, privilege and power to enjoin the
erection, oonstruction or attempted ereotion or construotion of
any building or buildings, memorials or other struotures on the
above described property which are or may be in violation of the
restrictive covenants in regard to the use of this land contained
herein, in azw Court having jurisdiction of the subject matter ot
such aotion.
And the said party of the first part does hereby fully
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warrant the title to said land, and subjeot to the aforementioned
conditions, will defend the s~e against the lawful olaims or all
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persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part
~ has caused these presents to be
::.p . .. '" officers, and its corporate seal
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signed by its properly authorized
to be hereunto affixed, the day
MIAMI BEACH BAY SHORE COMPANY
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S1'M'E OF FLORIDA )
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COUJl'1'Y OF DADE )
I HEREBY CERTIFY that on this 5th day o~ February, .A .D.,
~~~,tore .persoDAlly appeared PAUL KUNSCHIK and JAS. H.
HOURIHAN, Vice President and Assistant Seol~tary, respeotively,
ot 'the YIAJlI BEACH BAY SHORE COMPANY, a oorpora tion organized
and existing under the laws of the St~te o~ Florida, to me
known to be the persons who signed the foregoing instrument as
such officers and severally aoknowledged the exeoution thereof
to be their free act and deed as suoh officers for the uses and
purposes therein mentioned; and that they affixed thereto the
of~icial seal of said corporation, and that the said instrument
is the act and deed o~ said oorporation.
Witness my signature and official seal at Miami Beach, State
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"',;"~,;"\,,,,,"" My Conmission Expires I
and County aforesaid, this 5th day of February, A.D., 1942.
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Notary blic, State of Florida at Large.
May 18, 1944.
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