WD-12 Collins Park i
8L014 398 ?Min:276
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AGREEMENT, Made this .3/I day of July, 1930, be-
tween THE MIAMI BEACH IMPROVEMENT COMPANY, a corporation
organized and existing under the laws of the State of Flor-
ida, party of the first part, and CITY OF MIAMI BEACH, a
municipal corporation organized and existing under the
• laws of the State of Florida, party of the second past;
WHEREAS, the parties hereto entered into a cer-
tain indenture dated August 9, 1920 and recorded in Deed
Book 231 on Page 99 of the Public Records of Dade County,
Florida, a copy of which is hereto attached and incorpor-
ated herein by reference;
NOW THEREFORE, in consideration of the sum of
Ten Dollars ($ 10.00) and other good and valuable consid-
eration paid by and moving from etch of the parties hereto,
to the other, the receipt of which is hereby acknowledged,
it is agreed, as follows:
1. That said indenture be and the same hereby
is amended by inserting after the word "large", as the
same appears in the last line of the paragraph of said deed
beginning with the words: "The real estate herein conveyed
shall be used exclusively as a public park and recreation •
ground" , the following provision, namely: ` "It is expressly
understood and agreed, however, that nothing herein con-
tained shall limit or prevent the establishment of a public
library on said real estate for the use of the public, with
• the consent of the said grantee duly expressed by resolu-
or Minute Record
tion,/, provided further, however, the establishment, con
struction, operation and maintenance thereof shall not be
required of the said grantee. "
2. That except as herein provided, the said
indenture shall remain in full force and effect .
•
41, 3. That this agreement shall benefit and bind
the successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have
caused this agreement to be executed in their respective
names on their respective behalfs, by their respective of-
ficials thereunto duly authorized, and their respective
corporate seals to be hereunto affixed, the day and year
first above written.
Signed, sealed and delivered
in the presence of:
THE MIAMI BEACH IMPROVEMENT COMPANY,
By:
.
��07
vGG�I/ President.
Attest: / ice. .�� �,
l fs
Ass taut Secre .r — fc r
to said par of the
first part and is said
officers.
CITY OF MIAMI BEACH,
Dade County, Florida,
/
By: r • _44‘i
is Mayor. '
-.�_ - _ — -ice
Attest:
Ci y Cler "
N
,,,
As to said p. rty of the
second part and its said
officers. ... �,�
.a•sae6i��* \.
STATE OF FLORIDA
SS
COUNTY OF DADE
Before me, the undersigned author-
ity, this day personally appeared THOS . J. PANCOAST AND
EVELYN ELLIS, to me well known and known to me to be the
Page 2.
t
. t4A. r' Preattilent and Assistant Secretary, respectively, of THE
MIAMI BEACH IMPROVEMENT COMPANY, a corporation organized
and existing under the laws of the State of Florida and
they each acknowledged before me that they executed the
foregoing agreement as such officers, for and on behalf
of said corporation, freely and voluntarily, for the
uses and purposes therein expressed and with full author-
ity so to do.
WITNESS my hand and notarial seal this
day of July, 1930.
. s'7Ct-{ :'
,e
kd ;Ty Pu ic, State of Florida. Lai,
commission expires: .).: 1-7,7'_.,._ <
I
STATE OF FLORIDA
SS
COUNTY OF DADE
I HEREBY CERTIFY that on this
day personally appeared before me, LOUIS F. SNEDIGAR and
C . W. TOMLINSON, Mayor and City Clerk, respectively, of
the City of• Miami Beach, a corporation under the laws of
the State of Florida, to me well known and known to me to
be the persons described in and who executed the foregoing
instrument, and they acknowledged before me that they exe-
cuted the same freely and voluntarily and for the purposes
therein expressed, and that said instrument is the act and
deed of the said corporation.
WITNESS my hand and notarial seal, this 13th day
of August, 1930.
'., "4 . P a �
ILIAi
4
Notary . . • ate of F orida at Large.
,.
My commission expires: ,- -I-6- .";
Page 3.
THIS INDENTURE, Made this 9th day of August, 1920,
. between THE MIAMI BEACH IMPROVEMENT COMPANY, a corporation
organized under the laws of the State of Florida, party of
the first part , and the CITY OF MIAMI BEACH, DADE COUNTY,
FLORIDA, a municipal corporation, party of the second part;
WITNESSETH, that the said party of the first part
for and in consideration of the sum of One Dollar lawful
money of the United States of America, to it in hand paid
by the said party of the second part at or before the en-
sealing and delivery of these presents, the receipt whereof
is hereby acknowledged and in consideration also of the per-
formance of the covenants and obligations herein enumerated
to be performed by the party of the second part , has grant-
ed, bargained and sold and by these presents does grant,
r
bargain and sell unto the said party of the second part and
its successors, all the following real estate or tract of
land situated, lying and being in the County of Dade and
State of Florida,, described as follows:
A certain rectangular parcel of ground lying in
Township 53 South, Range 42 East, with boundar-
ies as follows:
Beginning at a point which is South fifteen
degrees and twenty-five minutes (150251 ) West
and distant one hundred and fifty-three feet
(153' ) from another point which is four thou-
sand nine hundred and ninety-six feet (49961 )
east of the Northwest corner of Section 34,
Township 53 South, Range 42 East, which last
named point is marked by a concrete monument;
thence North Seventy-four degrees and thirty-
five minutes (740351 ) West one thousand and
eighty-nine feet (1059 ' ) to a point; thence
South Fifteen degrees and twenty-five minutes
(150251 ) West four hundred feet (11-001 ) to a
point; thence south seventy-four degrees and
thirty-five minutes 0 5 ' ) East eleven
hundred and forty/(:1 ,G' ) , more or less, to
low water line on the West shore of the Atlan-
tic Ocean; thence in a Northerly direction
meandering said low water line four hundred
feet, more or less, to a point which is south
Seventy-four degrees and thirty-five minutes
(740351 ) East from point of beginning; thence
to point of beginning together with all ripar-
ian rights thereunto belonging;
And the said party of the first part does hereby
ful3:y"' liarrant the title to said land and will defend th '£' "
same against the lawful claims of all persons whomsoever
with the exceptions hereinafter enumerated and subject to
the terms and conditions following, to-wit:
This deed of conveyance is made subject to a
public easement in certain streets and highways in said
tract, which said streets and highways were heretofore
and are now dedicated to the use of the public and are
named and designated in the map or plat of said tract and
adjoining real estate recorded in Plat Book 2 at page 47
in the office of the County Clerk in and for Dade County,
Florida, on the day of December, 1912.
The real estate herein conveyed shall be used
exclusively as a public park and Acreation ground and
neither the whole nor any part thereof shall be sold,
transferred, aliened, conveyed or encumbered by said city
or made subject to the private use of any person or per-
sons separate, distinct or different from the use of the
public at large.
The grantee hereby covenants with the grantor,
its successors and assigns as a part of the consideration
for these covenants to cultivate, improve and maintain
said real estate in a manner and condition fit and suitable
for a public park and recreation purposes and shall from
time to time make such improvements thereon as may be neces-
sary to carry out the spirit and to effect the purpose of
this conveyance. A failure or neglect on the part of the
grantee to carry out and perform the covenants and con.di-
tions upon its part to be carried out and performed here-
under shall constitute a breach of this instrument and the
said first party, its successors or assigns may at its or
their,. tiption have this instrument cancelled, set aside and
annulled on account of such default, and the title to said
real estate shall thereupon revert to and be vested in the
grantor, its successors or assigns.
IN WITNESS WHEREOF, the said party of the first
part by JOHN S. COLLINS, its President, attested by THOS.
J. PANCOAST, its Secretary, has hereunto set its hand and
corporate seal on the day and year first above written.
Signed, sealed and delivered THE MIAMI BEACH IMPROVEMENT COMPANY,
in presence:
BY (Signed) John S. Collins
(Signed) Chas . W. Stokes Its President.
(Signed) H. S. Edgar (SEAL)
As to John S. Collins, President .
(Signed) E. W. Bebinger Attest:
(Signed) Thos. J. Pancoast
(Signed) Hazel Sheddan Its Secretary.
As to Thos. J. Pancoast , Secretary.
STATE OF NEW JERSEY )
SS:
COUNTY OF BURLINGTON )
I, a Notary Public of the State of
New Jersey, an officer authorized to take acknowledgements
of deeds, hereby certify that JOHN S . COLLINS, personally
known to me and known to me to be the President of THE MIAMI
BEACH IMPROVEMENT COMPANY, a corporation organized and now
existing under the laws of the State of Florida, and, who
as such officer executed the foregoing deed, this day per-
sonally appeared before me and acknowledged before me that
he executed said deed as such officer, in the name of and
for and on behalf of said corporation, freely and voluntar-
ily for the uses and purposes therein expressed, and with
full authority so to do.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal, this 24 day of August , 1920.
(Signed) Chas. W. Stokes
Notary Public
My commission expires:
March 8th 1925 (SEAL)
STATE OF FLORIDA)
SS:
COUNTY OF DADE ) •
I, a Notary Public of the State of Florida,
an officer authorized to take acknowledgements of deeds,
hereby certify that THOS . J. PANCOAST, personally known
to me and known to me to be the Secretary of THE MIAMI
BEACH IMPROVEMENT COMPANY, a corporation organized and
now existing under the laws of the State of Florida, and,
who as such officer executed the foregoing Deed, this day
personally appeared before me and acknowledged before me
that he executed said deed as such officer, in the name
of and for and on behalf of said corporation, freely and
voluntarily for the uses and purposes therein expressed,
and with full authority so to do.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal, this 31 day of August , 1920.
(Signed) Hazel Sheddan
Notary Public
(SEAL) My commission expires: Nov. 10, 1923.
THE CONVEYANCE of the real estate described in
the foregoing instrument , according to the tenor thereof,
is hereby accepted by the City of Miami Beach, Dade County,
Florida, pursuant to a Resolution to that effect duly adop-
ted by the City Council of said City on the day of
1920.
a
WITNESS the corporate seal of said City and the
signature of its Mayor, Thos. J. Pancoast, attested by
J. F. Canova, its City Clerk, this day of
1920.
Signed, sealed and delivered THE CITY OF MIAMI BEACH,
in the presence of: DADE COUNTY, FLORIDA.
By
Its Mayor
Attest:
City Clerk.
Corporate
(S e a 1 ) State of Florida County of Dade,
This i:ist,ument was filed for rc:ord the/4__day ot__
3,9 b, nt/D Ctik. and duly+ccordedin Book .,/..2.. .8 if
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