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DD 30 N ,)If' June "r, - . , 19~1 . fi Li. .,! I.:fJat.}-lerr~.t1:-~ C:1.rc-o.lt Court Clnrl~ G0'.::rt :'~ ',ni :iIOU5G 3" T.'lo....ld" ". -...,... L ". '-.~ I1e: Portion of Lots 36 and 3"t 131ocl, 3, 3econd C)~e-H"; ont ~';ubdl'J'~sion. l)e:::r Sir: "c~10;;Ehl ~lere',r:ltL is ;)eed of Dedicat=,0Y' oi'...,bove prol)(:!rty for r"corc1:l.ng after 9J..nci.,. theroo!',' 1':,1. ')~,ntc ;"~oe\';.r" ~-lt-')"ry st 1<:i",dl:;,r ',ill the GHj' r,f "l'lni '3e:lch for :;leur re- cordtng fee. Very truly Y01.' r5, . 'J. Tomlinson City Clerk fmF _......-" iJtf~/V IYfr JRJ tI WILLIAMS, SALOMON & KATZ ATTORNEYS AT LAW 1003 ouPONT BUILDING HENRY o. WILLIAMS MORRIS S. SALOMON ELY R. KATZ MIAMI 32... FLORIDA June 27th, 1951 Mr. C.W. Tomlinson, City Clerk, City of Miami Beach, Miami Beach, Florida. Dear Mr. TO~lliINSON: Re: Deed from Trustees of Internal Improvement Fund of the State of Florida to Lillian Blumenfield, dated April 25th, 1950 covering tract of land westerly of and adjacent to Lots 36 and 37, Block 3, Second Ocean Front Subdivision We acknowledge with thanks receipt of your letter dated June 25th, 1951, addressed to Mrs. Lillian Blumenfield, in care of Henry D. williams, Attorney, with its enclosure, which arrived during Mr. Willianls' absence from the City. Very truly yours, r---/~ ~ PAULINE SAMET fJir30tl JUne 2~, 1951 Mrs. LUl1aJ1 Blum4mf'ield C/O Herd7 D. Wlll1allS, A.ttorn'" On Pont Bulld1ng M1am1, 1"1orida Dear 'Mrs. Bl~leld. ElmIlosed herewith 1s deed trom the !rUt... ot the Int.rnal Impro.,..1UD.t Fund of the state or Florida which con""YS to you the tract of land ....st.rly of and adjacent to Lots 36 and 3'1, Block 3, second OCean Front ~bdiT1sion, whioh traot has been fUled and bulkheaded by the city pursuant to the te1"lDS or an agr.emec.t betyee you and the city dated November 29, 1~9. - 1 am f'UinC tor record in the oftl.e of' the Cle$ ot the Cil'OUi 10 court a deed ot dedication which you and your husband executed and deposited with _. You haT. heretofore been notified or the lien which accru.ed to the city by reason or the oonstruction by it of the bulkhead. Yours Terr truJ.,., C. w. Tomlinson City 0181'>k CW'fIOll Enol. ---::, BoOI~328'6 PAGE397 r CD . . THIS AGREEMENT, Made and entered into this ~ ~ day of ~ A. D. 19~, by and between LILLIAN BLUMENFIELD, and I. H. BLUMENFIELD, husband and wife, Partiesof the first part, hereinafter referred to as the "Owner", and the CITY OF MIAHI BEACH, a Florida Municipal Corporation, Party of the Second part, herein- after referred to as the llCityll, WIT N E SSE T H : HHEREAS, the 1I O\merll is the mmer of the fee simple title in and to the folloHing described land, situate, lying and being in the City of Hiami Beach, County of Dade, State of Florida, to-wit: Lots Thirty-six (36) and Thirty-seven (37) of Block Three (3) of SECOND OCEAN FRONT SUBDIVISION, according to the Amended Plat thereof, recorded in Plat Book 28, at page 28, of the PUblic Re- cords of Dade County, Florida; and V1HEREAS, the City Council of the City of Hiami Beach deems it to be to the best interest of the llCity" to acquire, for the use of the publ.ic, an easement across Boov.323() P/\GE3~8 the easterly portion of said land, for the purpose of widening Indian Creek Drive, a public street in said City, for street and sidewalk purposes, said easterly portion of said land being hereinafter more fully described, and \JHEREAS, the "0wnerll has indicated his willingness to dedicate to the public for street and sidewalk uses, said strip of land, in consideration of the filling, by the "City11, at the "City's" expense, of a tract of submerged land now lying "\Iresterly of and adjacent to the lands hereinbefore described, equal in depth and area at least to the depth and area of the strip of land to be required by the t1City" for the street and sidewalk pur- poses hereinbefore referred to, said fill to consist of material to be dredged from Indian Creek and to be filled to an elevation of at least 2.5 feet above mean high water, and WHEREAS, the construction of a seawall or bulkhead is deemed by the parties hereto to be necessary for the purpose of retaining and protecting the fill to be made by the t1Citytl as aforesaid and to be of special benefit to the land so filled and to the land adjacent thereto and hereinbefore described, and WHEREAS, it is desired by the parties hereto that the full cost of the construction of the seawall or bulk- head, hereinbefore referred to, shall be met in the first instance by the "Cityll and that a portion of such cost shall be assessed against the land filled as aforesaid and the land hereinbefore described, the construction of said seawall or bulkhead and the assessment for the cost thereof to be done and performed substantially as provided for in Sections 29 and 30 of the Charter of thetlCityll, 8001(3236 PAGE399 NOW, THEREFORE, in consideration of the mutual cove- nants hereinafter set forth, the parties agree as follows: 1. The "Owner" has deposited a Deed of Dedication describing the strip of land off of the easterly side of IIOwner's" land which it is contemplated will be used for street and sidewalk purposes, with the City Clerk of the "City", which Deed perpetually dedicates said strip to the use of The Public. 2. The said Deed of Dedication shall be retained by the said City Clerk until such time as the City Engineer of the IICityll shall have certified to him, in vlriting, that the filling and bulkheading to the west of 1I0wner'sll land has been substantially completed as herein contemplated, and there has been procured by the City at the City's ex- pense, and delivered to said 1I0wnerll, a deed from the Trustees of the Internal Improvement Fund of the State of Florida, conveying to the !TOwner" that certain tract of submerged land bounded as follows: Bounded on the westerly side by a portion of the line described as follows: of the Beginning at a point on the westerly extens~on of the northerly line of Lot Thirty-four (34), Block Three (3), Amended Plat of Second Ocean Front Subdivision, according to plat thereof recorded in Plat Boo~ Twenty- eight (28), Page Twenty-eight (28) of the PUblic Records of Dade County, Florida, said point being forty-six (46) feet, westerly of the westerly line of said Block Three (3); thence run in a northerly direction to a point on the westerly extension of the northerly line of Lot Thirty- six (36) of said Block Three (3), said point being forty- six (46) feet westerly of the westerly line of said Block Three (3); thence run in a northerly direction to a point on the westerly extension of the northerly line of Lot Thirty-nine (39) of said Block Three (3), said point being forty-six (46) feet westerly of the westerly line of said Block Three (3); bounded on the southerly side by the wes- terl~ extension of the southerly line of said Lot Thirty- six (36) to its intersection with the above described westerl~ boundary, said point of intersection beang forty- six (46) feet, more or less, westerly of the westerly line of said Block Three (3); bounded on the northerly side by the westerly extension of the northerly line of Lot Thirty- seven (37) of said Block Three (3) to its intersection with the above described westerl~ boundary, said point of interseotion being forty-six (46) feet, more or less, wes~rly westerly line of said Block Three (3); bounded on the easter- ly side by the westerly line of said Block Three (3). '~')'"'6 4( 0 BOOK U"d.) ?AGE : whereupon said City Clerk shall make such disposal of said Deed of Dedication as shall be directed by the City Manager of said City. 3. The "Ownerll hereby waives any and all irregu- larity and defects in the various proceedings incidental to the assessing of the "Owner'sll property Uncluding additions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and the "01.mer" waives any and all objections to the legality of the assessment herein provided for, and the power and authority of the "City" to make such assess- ment, and the 1I0wnerH further waives any and all notices required for the purpose of making a final, binding and valid assessment against said lands for bulkheading the same and the 1I0wner" agrees that the pro-rata cost of such bulkheading, determined substantially in the manner pro- vided by the Charter of the City, shall be and constitute a valid and enforceable lien in favor of the City against the "Owner's" property (including additions made pursuant to the plan above set forth and excluding the portion thereof to be used for street and sidewalk purposes), ~d said assessment lien of the "City" shall be as effective as though each and all requirements of law relative there- to had been followed and observed without any deviation, error or irregularity whatsoever, and this agreement, with- out any other thing or act whatsoever, shall be sufficient to create such lien as of but not prior to the completion of the work to be done by or under the direction of the Boo',;32~~6 PAGE401 "City", either by its own personnel or by independent contractor, at the option of the "City". 4. The pro-rata cost of bulkheading which shall be assessed against the "Owner's" land shall be payable in ten equal, annual installments, beginning one year after the completion of said bulkheading, with interest from said date of completion at the rate of 4% per annum, payable annually upon sums remaining from time to time unpaid, provided the "Owner" shall have the option to pay the entire assessment together with accrued interest, at any time, provided, however, that the principal anount of such assessment shall not exceed the sum of $35.00 per lineal foot of bul~1ead. 5. The amount to be assessed against "Owner's" property for said bulkheading shall be fixed and de- termined substantially in the manner set forth in the Charter of the "City" to the end that each property owner shall bear no more than a just share of the cost of improvement made in the area of his property. 6. The widening and paving of Indian Creek Drive shall be undertaken, commenced and completed in the shortest practicable time after the required right of way shall have been obtained to the end that the purposes and objects hereof may be consummated and realized as soon as possible and the "City" agrees that the full cost of paving, sidewalks and street lighting will be borne by the "City". 80Of\~3236 DAGE402 7. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the "Ci tyll and vlork shall be commenced for the purpose of widening Indian Creek Drive, then the City shall be obligated to complete the same and to carry for1:lard to completion the \lorI,;: of bulkheading and filling to the i'lest of "0uner' Sll land as contemplated hereby. 8. The right of the City to assess the cost of bulkheading as herein contemplated against the 1I0',rner I S" land shall not be dependent upon the beginning or comple- tion of the uork of vlidening Indian CreeI-c Drive, but if the "Cityll commen~es the i'lork of bulkheading and/or filling on the ground as herein contemplated, then it shall be bound and obligated to complete the same, whereupon it shall be entitled to assess the cost of the same ~gainst "Oi'lner'S" property as herein contemplated. 9. The filling and bulkheading herein contemplated shall be substantially completed not later than June 1, 1950. 10. If the filling and bull-cheading herein contem- plated shall not have been substantially completed by the date mentioned in Paragraph 9 above, then the HOimerH shall have the right to vri thdrau the Deed of Dedication deposited as above recited 1:lith the City Clerk of the City, upon demand and ',ri thout prior notice. 11. If at any time prior to actual cOID~encement of the vrork upon the ground, the "Ci tyl' shall determine not to undertake the work of bulkheading and filling herein con- templated, it shall return the Deed of Dedication deposited as above set forth to the HOimerH "lhereupon this agreement shall be at an end and there shall be no liability on the part of the IICityH to the HOunerll. Boov.'3236 p/\GE403 12. After June 1, 195'0, this agreement shall in any event be at an end and the "Ci ty' S" right, title and interest in the lands above described shall rest and depend solely upon the Deed of Dedication hereunder, provided the "City" shall have become entitled to take possession of said Deed of Dedication by doing the work herein con- templated, and after the date last mentioned no person shall be charged clith notice hereof or of any claim or in- terest in said lands by virtue hereof on the part of said "Ci ty" and thereafter all persohs dealing ,.,i th the "O,merll relative to the "Ovmer' S" property sh.J.1I be entitled to treat this document as a nullity and as an option which has expired, provided the expiration of this document by limitation of time shall not in any wise affect the IlCity's" lien acquired by actually doing the bulkheading at or ad- jacent to the "0wner'sll property as herein contemplated, by the doing of which the "Cityll shall become entitled to the Deed of Dedication deposited hereunder as above recited and to a lien therefor as herein provided; and the "Cityll agrees that it will execute and deliver any further docu- ment deemed necessary by the "0"mer" for the purpose of relinquishing any rights acquired herebYt in the event the work herein contemplated is not undertaken by the "Cityll, provided that one blanket document shall be deemed suffi- cient for all 1l0vmers" in the event such should become proper by reason of the "City's" failure to do the work contemplated. 13. II Owner 'S" property vrhich is to be used for street and sidewalk purposes is described as follows: The easterly forty (40) feet of Lots Thirty- six (36) and Thirty-Seven (37), Block Three (3) of the SECOND OC~~ FRONT SUBDIVISION, ac- cording to the Amended Plat thereof, recorded in Plat Book 28, at page 28, of the Public Records of Dade County, Florida; the said forty (40) feet being measured at right angles to the westerly line of Hardip~ Drive, as sho~ on said Plat, (now Indian Creek Drive). " BoOl{ 323G PAGE4C4 l~. Each and all of the terms and conditions hereof shall be valid and binding and shall enure to the benefit of the respective heirs, successors, legal repre- sentatives and assigns of the several parties and the record hereof shall be effective to that end, except as limited by Paragraph 12 hereof. IN WITNESS WliEREOF, the several parties have here- unto set their respective hands and seals as of the ~5'~ day of November $'" A. D. 1949 . In 1 " . . 1.../ /' ~". ''1 ,(' CI~ BEACH By {J( Mayor " ..,,""'" :..;,... ,.' : r t'. r; ,. ""- ~: """ Attest: (24)~G~ ~ City Clerk <" , i. / I".,." <, >." . , '. \ . ( ;" \ ~ ,. 3'1'M! A(';:; BooT~'- t~~jO PAGE'f iu STATE OF MINNESQTA COUNTY OF llENNEPIN . . ss . . ~ fillREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LILLIAN BLDMENFIEm and I. H. BLUMENFIEm, husband and wife, to me well known to be the persons described in and who, executed the foregoing instrument, and acknowledged before me that they executed the same freely and volun- tarily for the purposes therein expressed. 1:HTNESS my hand and offlcial seal at Kinneepolisf County of Hennepin and state of Minnesota 7--?'-pt/( day of November A. D. 1949 . , this My commission ~ ,r ., ..........,,- Notary Public, State of Minnesota, County of Hennepin expires:~~~~~~ " ,.~ ,~. c ~J I nnn5 /11"6 BOOY,U';:'~~ PAGE':i:'; STATE OF FLORIDA COUNTY OF DADE . . : SS . . I HEREBY CERTIFY, that on this personally appeared before me, the undersigned authority duly 8lthorized to ad- minister oaths and take acknowledgments, HAROLD TURK and C. W. TOMLINSON, Mayor and City Clerk, respectively, of the City of Miami Beach, Florida, a municipal corporation of the State of Florida, to me known to be the persons who signed the fore- going instrument as such officers, and severally acknowledged the execution thereof to be thrie free act and deed as such officers for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said City of Miami Beach, Florida. WITNESS my hand and official seal at Miami Beach, Dade County, Florida, this day of A. D. 1949. Notary' Public,~ 'st-aTe of Flo'rida at Large My commission expires: State of F1;ri '-. ""intll of Dade. Till" ",'., I ',,,:,,:J.., ' ; 'iocr r''>c,y,' th ,..:s ,;?-=_ '" . ~.' 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