DD 30 P (1)
soall 3306 PAGE {j9
THIS AGREEMENT, Made and entered into this ~ day of
May, 1950, by and between DAVID ROTT and REVA G. ROTT, his wife,
and HARRY ROTT and MOLLIE ROTT, his wife, parties of the first
part, and CITY OF MIAMI BEACH, a municipal corporation, party
of the second part.
WIT N E SSE T H
That WHEREAS, the parties hereto have heretofore entereg
into an agreement under the date of December 30, 1949, filed for
record in the office of the Clerk of the Circuit Court, Dade County,
Florida, on the 3rd dgrof February, 1950, under Clerk's File No.
2-11914, recorded in Deed Book 3236, page 416, of the Public Records
of Dade County, Florida, which said agreement contained, among other
provisions, the following:
"13. "Owner1s" property which is to be used for
street and sidewalk purposes is described as follows:
The easterly forty (40) feet of Lot Forty (40),
Block Three (3) of the SECO~ID OCEAN FRONT SUB-
DIVISION, according to the Amended Plat thereof,
recorded in Plat Book 28, at page 28 of the
Public Records of Dade, County, F1ori~a, the .said
forty (40) feet being measured at right angles
to the westerly line of Harding Drive~ as shown
on said Plat, (now Indian Creek Drive) i"
and in addition thereto said agreement also contained a provision
requiring the completion of the filling and bulkheading contemplated
by said agreement not later than June 1, 1950, and providing that
said agreement shall be at an end after June 1, 1950, and
WHEREAS, the parties hereto mutually desire and deem it to
be to their mutual benefit to amend the said agreement as herein-
after provided,
Nrn~, THEREFORE, IT IS AGREED between the parties that said
agreement be and the same is hereby modified by amending the said
paragraph 13 to read as follows:
"13. "Owner's" property which is to be used for
street and sidevlalk purposes is described as follows:
Beginning at a point which is the intersection of the
southerly line of Lot Forty (40), Block Three (3) of
the Second Ocean Front Subdivision, according to the
amended plat thereof recorded in Plat Book 28, at
page 28, of the PUblic Records of Dade County, Flor:lda,
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH. 39, FLORIDA
BOOK 3306 P.~GE 70
and the westerly line of Harding Drive (now
Indian Creek Drive); thence westerly along the
said southerly line of Lot Forty (40) for a dis-
tance of forty six and twelve hundredths (46.12)
feet; thence northerly along a line a distance
of ninety-nine and fifty-nine hundredths (99.59)
feet, more or less, to a point on the northerly
line of said Block Forty (40), said point being
thirty-eight and thirty-six hundredths (38.36) feet
westerly of the westerly line of said Harding Drive
(now Indian Creek Drive); thence easterly along
the said northerly line of Lot Forty (40) a distance
of thirty-eight and thirty-six hundredths (38.36)
feet to a point on the said westerly line of Harding
Drive (now Indian Creek Drive); thence southerly
along the said westerly line of Harding Drive (now
Indian Creek Drive) a distance of one hundred four
and sixty-one hundredths (104.61) feet, more or less,
to the point of beginning."
and that the said agreement is further amended by inserting
"September 1, 1950" therein in place of "June 1, 1950" wherever
said "June 1, 1950" appears in said agreement.
It is further agreed between the parties that nothing herein
contained shall in anywise impair, alter or diminish the effect of
the covenants, terms and conditions of the original agreement herein-
before referred to, except in so far as said agreement is specifically
amended and modified hereby.
IN WITNESS WHEREOF, the several parties hereto have set their
respective hands and seals the
2Z
day of
//7
!.D. 1950.
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In the presence of:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
8001'13306 PAGE 71
STATE OF FLORIDA:
COUNTY OF DADE:
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take aclcnowledgments, DAVID ROTT and REVA G. ROTT, his wife, to
me well known to be the persons described in and who ~X"'Qu:l:;",d the>
foregoing instrument, and acknowledged before me that they executed
the same freely and voluntarily for the purposes therein expressed.
seal at Miami Beach, Dade County,
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WITNESS my hand and official
F1QZ'1.da, this ~ tk day of
~
A. D. 1950.
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My commission expires:
at Large
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STATE OF MICHIGAN:
COm~TY OF WAYNE:
SS
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
acknowledgments, HARRY ROTT and MOLLIE ROTT, his wife, to me well
knOVTn to be the persons described in and who executed the foregoing
instrument, and acknowledged before me that they executed the same
freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal at Detroit, County of Wayne,
and State of Michigan, thiSc.5 o<c:2.- day ~ ~ A. D. 1950.
(~O'~'~4,J~
Notary~ublic, state of Michigan, Wayne
/1 +... County.
expires: . (OU )'V~/1rf3.
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State of Florida, County of Dade.
This instrument was filed for record the....~_.._day ~
1950 at.UAC.&t:..M and duly recorded in_~.~.......___
Book._~~~_._on Page~:!:___..mFile No. l,..2:7.&.sL-
E. ii, L.lU'THUtMAN
Clerk Circuit Court
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OFFICE OF CITY ATT'ORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA