DD L
BDO}( 3234 PAGE415
THIS AGREEMENT, Made and entered into thiS';/ day of
AI., vt!'/>?17~rA. D. 1949, by and between E. L. LOCKHART and HILDAH
w. LOCKHART, his wife, Parties of the first 'Dart, hereinafter
referred to as the "Owner", and HENROCO HOLDING CO. INC., a
Florida Corporation, Party of the second part, hereinafter re-
ferred to as the "Lessee", and CHASE FEDERAL SAVINGS AND LOAN
ASSOCIATION, a United States Corporation, Party of the third
part, hereinafter referred to as the "Lienor~, and the CITY OF
MIAMI BEACH, a Florida Municipal Corporation, Party of the
Fourth Part, hereinafter referred to as the "City",
WIT N E SSE T H:
WHEREAS, the "Owner" is the owner of the fee simple
title in and to the following described land, situate, lying
and being in the City of Miami Beach, County of Dade, State of
Florida, to-wit:
Lots Thirty-three (33) and Thlrty-
four (34) 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 Records of Dade County,
Florida,
and
WHEREAS, the "Lessee" is the lessee under a long term
lease covering said land, and
'afHE:REAS, the "Lienor" is the owner and holder of a
mortgage encumbering said land, and
~NHEREAS, the City Council of the City of Miami Beach
deems it to be to the best interest of the "City" to acquire,
for the use of the public, an easement across 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
WHEREAS, the "Owner" and the "Lessee" have indicated
their willingness to dedicate to the puolic for street and side-
walk pur'Doses, said strip of land, and the "Lienor" has expressed
its willingness to release said strip of land from the lien of
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
BOQf( 3284 pp,GE416
its mortgage, all in consideration of the payment, by the "City",
of the cost of the filling to an elevation of 2.5 feet above
mean high water of a tract of submerged land now lying westerly
of and adjacent to the lands hereinbefore described, equal in
depth and area to the depth and area of the strip of land to be
required by the "City" for the street and Sidewalk purposes herein-
before referred to and
WHEREAS, the construction of a seawall or bulkhead is
deemed by all the parties hereto to be necessary for the purpose
of retaining and protecting the fill to be made as aforesaid, and
WHEREAS, it is desired by the parties hereto that the
full cost of the construction of the seawall or bulkhead, herein-
before referred to, (eXClusive of the cost of return walls) shall
be advanced to the "Lessee" by the "City" and that such cost Shall
be a lien against the land filled as aforesaid and the land herein-
before described, the construction of said seawall or bulkhead as
well as the filling of submerged land as aforesaid shall be done
and performed by the "Lessee" at a price to be approved in advance
by the "City" and in a manner to be approved by the City Engineer
of said "City".
NOW, THEREFOR~, in consideration of the mutual covenants
hereinafter set forth, the parties agree as follows:
1. The "Owner" and the "Le ssee" have deposited a deed of
dedication and the "Lienor" has deposited a release of lien, both
documents describing the strip of land off of the easterly side of
"Owner'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 and which
release discharges the "Lienor's" lien as to said strip.
2. The said Deed of Dedication and Release above mentioned
shall be retained by the said City Clerk until such time as the
City Engineer of the "City" shall have certified to him, in writing,
that the filling and. bulkheading to the west of "Owner's" land has
been substantially completed as herein contemplated and the cost of
said filling and the cost of said bulkheading {Exclusive of return
-2-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
BOOK 3284 PAGE ti7
walls) has been paid by the "City" to the "Ownerll and there has
been procured by the "City" at the "City's" expense, and delivered
to said "Owner",
a deed from the Trustees of the Internal Improve-f~
after notice as provided for in Section 253.13 F.S.A.)Y' l!J C/...k
State of Florida,7conveying to the "Owner~that AAb
a marketable title to f'l:. _r.T .
submerged land bounded as follows: t~l..
ment Fund of the
certain tract of
Bounded on the westerly side by a portion of the line
described as follows:
Beginning at a point on the westerly extension of the
northerly line of Lot Thirty (30), Block Three (3),
Amended Plat of Second Ocean Front Subdivision, according
to plat thereof recorded in Plat Book 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-
four (34) of said Block Three (3); said point being
forty-six (46) feet westerly of the westerly l1neClf
said Block Three (3); bounded on the southerly siae by
the westerly extension of the southerly line of Lot Thirty-
three (33) of said Block Three (3) to its intersection with
the above described westerly boundary, said point of inter-
section being 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 said Lot Thirty-four (34) to its inter-
section with the aoove described westerly boundary, said
point of intersection being forty-six (46) feet westerly
of the westerly line of said Block Three (3); bounded on
the easterly side by the westerly line of said Block
Three (3),
whereupon the City Clerk shall make such disposition of said doc-
uments as shall be directed by the City Manager of said "City".
3. The addi tlons to 1I0wner' s" land by reason of such bulk-
heading and filling shall be encumbered by the "Lesseels" lease and
by the "Lienor's" lien to the same effect and extent as though the
same had been in existence at the date of said lease and of said
mortgage and had been expressly described therein.
4. The 1I0wner", the "Lessee", and the "Lienor" do hereby
agree that the cost of said bulkhead if, as and when paid by said
IlCity" shall be and constitute a valid and enforceable lien in favor
of the "City" aga,inst 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), which lien shall be
superior to "Lessee's" lease, and to "Lienor's" lien against the same.
and this agreement without any other thing or act whatsoever shall be
sufficient to create such lien as of, but not prior to, the date of
-3-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
Oi)'J A ."10
BCO~ ~j'd')'1 Pi,\GE'1. L)
payment by the "City" for the work to be done as aforesaid.
5. The cost of bulkheading which shall be paid by the
"City" and which shall be a lien against the "owner's" land
shall be payable in ten (10) equal annual installments beginning
one year after the date of payment by the City of the cost of
said bulkheading with interest from said date of payment at the
rate of ~ per annum, payable annually, upon sums remaining from
time to time unpaid provided the "Owner" shall have the option to
pay the entire lien together with accrued interest at any time.
6. The amount of the lien against "Owner's" property
shall be an amount equal to the amount paid by said "City" on
account of said bulkheading but shall not include any portion of
the cost of the filling hereinbefore provided for.
? The "City" agrees that no part of the cost of paving
sidewalk or street lighting will be assessed against the property
of the "Owner".
8. The right of the "City" to a l1en for the cost of
bulkheading as herein contemplated against the "Owner's" land shall
not be dependent unon the beginning or completion of the work of
widening Indian Creek Drive.
9. The filling and bulkheading herein contemplated shall
be substantially completed not later than June 1, 1950, otherwise
this agreement shall be null and void and the parties shall be re-
lieved from any obligation hereunder and the Deed of Dedication and
the Release of Lien shall be returned to the .Lienor" and the "City"
shall not be required to advance or pay any part of expense or cost
which may have been incurred by the "Lessee", the .Owner" or the
"Lienor" in connection with the project contemplated hereby.
10. "Owner's" property which is to be used for street and
sidewalk purposes is described as follows:
The easterly thirty-five (35)
feet of Lots Thirty-Three (33)
and Thirty-four (34), 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,
Florida, the said thirty-five (35)
feet being measured at right angles
to the westerly line of Harding Drive,
as sho~m on said Plat (now Indian
Creek Drive.)
-4-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
300}(,3234 PAGE419
\
11. )Each and all of the terms and conditions hereof
shall be valid and binding and shall enure to the benefit of
the respeotive heirs, successors, legal representatives and
assigns of the several parties and the reoording hereof shall be
effeotive to that end.
IN ~.'1ITNESS WHEREOF, the Parties of the First Part have
hereunto set their hands and seals and the Parties of the Seoond
and Third Part have hereunto ouased these presents to be signed
in their oorporate names, by their Presidents, and the oorporate
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CHASE FEDERAL SA VINGS"..A~ .b61~~.~,::1 0"
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ATTEST:
By
CITY OF MIAMI BEACH
I ..--;
~l~(
Mayor
<<',..'
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
4')0
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BOOf( tJ4.Jl PAGE - '",
State o~: . I:",".
Of
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STATE OF FLORIDA:
COUNTY OF DADE:
SS
l:. EL L.E.;"T~-~.~~;-.: : 1\ :
ClerK Cjr-:i;;~ C~.t~; t
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I HEREBY CERTIFY that on this day personally appeared before
me! an officer duly authorized to administer oaths and take acknow-
ledgments, E. L. LOCKHART and HILDAH W. LOCKHART, his wife, to me
well known to be the persons described in and who executed the fore-
going instrument, and acknowledged before me that they executed the
same freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official
Dade and State of Florida, this
of
, A. D. 1949.
STATE OF FLORIDA:
COUNTY OF DADE:
f Fl,?J;;i.cJaJ~? L~e
~'f: [l?',~,
My commission expires: if. ~~)~f".. ' 0-),:
_ _ _ _ _ _ _ _ ',''"'', '., l. 0 'I .:,.
'\J~;~'>"'.r'.. 0 " ._"
,'.' , .~
SS
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take acknow-
ledgments
dR/?7UI:!:,( gr/9'r'r~r and I!lYd#~"(,( /-/. Sr/9 'rre:r ,
President and de arc 'Tl9rr respectively, of HENROCO HOLDING CO.
INC., a Florida Corporation, to me well known to be the persons des-
cribed in and who executed the foregoing instrument and duly acknow-
ledged before me that they executed the same for the purposes therein
,\,""~"":'~~p;ressed as the act and deed of said Corporation.
,,"::J I i ,'J, i
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:" ./...... . " . IN l.J'ITNESS HHEREOF, I have hereunto set my hand and affixed
/::::./ (j,\;\n1\v;,qffi,cial seal at ,h7//9~; ;$~/'lt!/7 said County and State, this
i \ ~') u-~\,/67~:.. day of November, A. D. 19;}.
.:. t~ \ .) ... .::; --v.::T/
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, ":" ^ .,.....,.. ~.y. Notary Publ~c, at Large
, "r, I ":\ \",
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". My commission expires: C2-.-q, /?, /9vl
STATE OF FLORIDA:
COUNTY OF DADE:
SS .
I HEREBY CERTIFY that on this day personally appeared before met
an officer duly authorized to administer oaths and take acknowledgments,
C. L. CLEMENTS andALLEN ROBINSON President and
Asst.-Secretary, respectively, of CHASE FEDERAL SAVINGS AND LOAN
_ ASSOCIATION, a United States Corporation, to me well known to be the
persons described in and who executed the foregoing instrum~ot,~~
duly acknowledged before me that they execu~ed the same f,91;.... t~~.:.~1l!p-,?ses
therein expressed as the act and deed of sa1.d corporatio}.'ti'/' .....-:'<?,;...
IN WITNESS WHEREOF, I have hereunto set my hand ~i:~t/i~~d;~f-\
official seal at Miami Beac, aid County d State, th~~,~,!~17 g,r.~
November, A. D. 1949.;:.:..... ..<....}.,.
f Fl ida a.t '7Uaifge ~,""
_ f, f J . It' " ,'; , ,. I '\ > \ ~ \
., '. I\ofary PubJ,c. :'Jtate of Hnida at la~ge;
My comm1.ss~on exp~res. My C.mH1ll;"JOo Expire~ Feb, 2.3. i9S3,
OFFICE: OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
8-tJ 30 t
SENT REGISTERED - RETURN RECEIPT REQUESTED
March 18, 1952
j
l
Mr. E. B. Leatherman
Clerk of the Circuit Court
Miami # Florida
Dear Sirl
I am enclosing herewith ror recOrding the follOWing two
instruments I
Deed of dedication from E. L. Lockhart and Hilda W.
Lookhart I hi. wite, and Henrooo Holding Co. Inc.,
to the City of Miami Beach, covering the easterly
35 teet of Lots 33 and 34, Block 3, Seoond Ocean
Front Subdivision.
Partial Releaee of Mortgage executed by the Chase
Federal Savings & Loan A.soelation, as to the same
property.
Kindly let us have your bill tor reoording rees and our
check will be sent to you immedlately.
Yours ver'Y truly,
C. W. Tomlinson
City Clerk
p.
2 enclosures
~J..
""'oh 10, 1952
RealsteHd Mall
Return Recelpt Requested
B. L. Lockhart, Esq.
Att0rJ187 at Law
605 LInooln Road
M1ul Beach, Florlda
In 1"8: Lots 33 and. 34, Block 3, SECOJID OCEAN
PROJrl' SUBl)IVISIOlf
Dear Lee:
There is enclosed heHW1 th a deed troll the '!'rUstee. ot the
Internal Improvement J'und ot the State ot Florlda conve71na to you
and your wite a parcel ot 8u'bllersed land In Indlan Creek adjacent
to Lots 33 and 34, Block 3, Seoond Ocean Pront SUbdlvldon. Th1s deed
18 No. 19601, Is dated April 25, 1950, and 18 beIns torwarded to you
pursuant to the ter1118 ot the agreement dated Novell.ber 14, 1949,
(executed copy ot whioh I enolos.), between you and Mrs. Lookhart,
Henroco Holdlns Co., Inc., Chase Fedenl Savlngs and Loan Aleodation,
and the CIty ot Miaa1 Beach, 1n oonneotion with the bulkheadlng and
tll1Ing ot the land covered b7 thi8 deed.
Shortly aner this \)ulkbeading and tUl1ng had been
completed by the City, it was cl1scovered that a portion ot the bulk-
headlne 1n some in8tanoe. enoroached slilhtly beyond the we8terl7
line ot the strip covered by the deeds obtained tram the Trustee.
up to that t1Jle. On behalt ot the City, we thereatter prooUHd trOll.
the Trustee. another deed whioh 18 No. 19949, dated Deoember 11, 1951,
which names you and Mrs. Lookhart a. srantee. and. wh1ch convey. an
addItional strip ot su_ersed land l1'1ns 1n Indian Creek ilalediately
adJaoent on the west to the parcel tilled and bulkheaded Wblch was
covered by deed No. 19601.
ThIs deed I .. allo enclo.1ne.
Ve7/7 tl"u1y yourl,
c. " . 'l'OIILIlfSOlf
C1ty Clerk
CVT. OIl
Enol. 3
TELEPHONE 2.6883
~~7~
IN ACCOUNT WITH
M. F. COMER BRIDGE AND FOUNDATION CO.
Bridges ~ Sea W ails ~ Pile Driving ~ Docks
Equipment Rented
990 NORTHWEST NORTH RIVER DRIVE
MIAMI 36, FLORIDA
tI
TO
'~r. !3fi\mll~l Bratt,"'r
DATE
1-12-50
ADDREss--.Hanroco Holding Co., Incr.
6770 Indian Creek Dr1ve
Miami Beach, Florida
INVOICE NO, 1487
JOB NO, 745
To construction of 162 feet of eteel sheet piling bulkhead 1n 4nd1an
Creek 1n front of lots 33 and 34, Block 3, Second Oceanfront sub-
diviEion ammended as per o~r proposal to the City of Miami Beach, of
Octoter lOth., 1945l, and letter of concurrence from Samuel sratter,
o wne r .
To conBtructlon of 162 ft of steel sheet bulkhead
wall ~$59.74 per 11n ft . . . . . . . . . . . . . . .$ 9,677.88
To 2813 cubic y&rds of fl11 in plQce ~.83 . . . . . . 2.~~4.79
$1~,Ol;:;.67
Ifh.9- so >f
HLi\lH BEACH, FLORIDA
January 30th, 1950
HECEIPT is hereby aekno\.rledged by the undersigned
HENROCO HOI,Dnrg CO'i' INC., from the City of Miami Beach,
of the sum of :ui12,O 2.67 in full paynent of the amount
due to said Henroco Holdine Co., Inc., from said City
on account of the construction of One hundred Sixty-tuo
(162) feet of steel sheet piling bulkhead in Indian Creel"
in front of Lots 33 and 34 of Block 3 of SECOi'D OCEAN
FROITT :::llJBDIVISIOE, and the construction of a fill in
place immediately east of sc:lid bulkhead.
IT 1;3 EEH.'i:BY ACKHO'.IL@GED by the undersigned,
Henroco Holding Co., Inc., that the sum received from
said City and herein receipted for is paid by said City
pursuant to the terms of that certain agreement dated
November 14th, 1949, by Cind betvTeen E. L. Lockhart and
Hildah U. Lockhart, Henroco Holding Co., Inc., Chase
Federal Savings and Loan Association, and the City of
hiami Beach, and that ::~9,677.38 of the amount hereby
receipted for represents reimbursement by the City for
the cost of the bulkhead.
HENHOCO HOLDIIfG CO" INC.
By. ?~<~~
-ReSident
--
/ocol1
\l ',,' (I
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA