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DD 30 J Agmt BOOK32:36 PAGE333 THIS AGREEHENT, Made and entered into this II, tjJ day of November, A. D. 1949, by and between SIG~illND DRUCKER and ELSIE DRUCKER, husband and wife, Parties of the first part, hereinafter referred to as the "O,mer", and SA11UEL lrlOLF and ESTHER 'llOLF, his wife, and JUnIA H. EBERSOLE, Parties of the Second Part, herein- after referred to as the "Lienors", and the CITY OF MINH BEACH, a Florida Municipal Corporation, Party of the Third Part, herein- after referred to as the "City", W I~.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 Twenty-nine (29) and Thirty (30) of Block Three (3) of SECOND 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, Florida, and WHEREAS, the "Lienors" are the owners and holders of cer- tain mortgages encumbering said land, and WHEREAS, 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 WHEREl\.S, the "Owner" has indicated his willingness to dedicate to the public for street and sidewalk uses, said strip of land, and the "Lienors" have expressed their willingness to release said strip of land from the liens of their respective mortgages, both in con- sideration of the filling, by the "City", at the "City's" expense, of a tract of submerged land now lying westerly of and adjacent to -1- BOOK328[) PAGE33:1 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 "Cittt for the street and sidewalk purposes 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 all the parties hereto to be necessary for the purpose of retaining and protecting the fill to be made by the "City" 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 bulkhead, hereinbefore referred to, shall be met in the first instance by the "Citt' 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 the t1City", NOW, THEREFORE, in consideration of the mutual covenants . . hereinafter set forth, the parties agree as follows: 1. The "Owner" has deposited a Deed of Dedication and the "Lienors" have deposited Releases of Lien, sf',id documents des- cribing the strip of land off of the easterly side of tIOwner'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 Releases discharge the t1Lienorstl liens as to said strip. 2. The said Deed and Releases above-mentioned shall be retained by the said City Clerk until such time as the City Engineer of the t1City" shall have certified to him, in writing, that the filling and bulkheading to the west of "Owner's" land has been sub- -2- 30'}6 '3'l;- BOOK' .~:J PAGE, ,),J stantially completed as herein contemplated, 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 Im- provement Fund of the State of Florida, conveying to the "Owner" that certain tract of submerged land bounded as follows: Bounded by a line described as follows: Beginning at the southwesterly corner of Lot Twenty-nine (29) B19ck Three (3), Amended Plat of Second Ocean Front Subdivision, according to Plat recorded in Plat Book Twenty-eight (28), Page Twenty-eight (28) of the Public Records of Dade County Florida; thence run in a westerly direction along the.,westerly extension of the southerly line of said Lot Twenty-nine (29) a distance of forty (40) feet to a point; thence run in a northerly direction along a straight line to'a point on the westerly extension of the northerly line of Lot Thirty (30) of said Block Three (3) said point being forty-six (46) feet westerly of the northwesterly corner of said Lot Thirty (30); thence run in an easterly direction forty-six (46) feet to the said north- westerly corner of said Lot Thirty (30); thence run in a southerly direction al ong the westerly line of said Block Three (3) to the point of beginning; whereupon said City Clerk shall make such disposal of said Deed and Releases as shall be directed by the City Manager of said City. 3. The additions to "Owner's" land by reason of such bulkheading and filling shall be encumbered by II Lienors '" liens to the same effect and extent and in the same order of priority as though the same had been in existence at the date of said respective liens and had been expressly described in and encumbered thereby as a part of the original security thereof. 4. The "Owner" and the "Lienors" do hereby waive any and all irregularity and defects in the various proceedings inci- dental to the assessing of the 1I0wner's" property (including addi- tions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and they do waive any and all objections to the legality of the assessment herein provided for, and the power and authority of the "City" to make such -3- ------ BOOl\323G PA~E336 assessment, and they do waive all notices required for the purpose of making a final, binding and valid assessment against said lands for bulkheading the same and they severally agree that the pro- rata cost of such bulkheading, determined substantially in the manner provided 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), 11lhich lien shall be superior to "Lienors'" liens against the same, and said assessment lien of the 'City" shall be as effective as though each and all requirements of law relative thereto had been followed and observed without any deviation, error or irregularity whatsoever, and this agreement, wi thout any other thing or act '.Ilhatsoever, 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 City, either by its own personnel or by independent contractor, at the option of the "ei tit. 5. 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 bulk- heading, with interest f~om 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 amount of such assessment shall not ex- ceed the sum of $35.00 per lineal foot of bulkhead. 6. The amount to be assessed against "Ovmer's" property for said bulkheading shall be fixed and determined 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. -4- 3001\3236 PM;E337 7. 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 rea- lized as soon as possible and the "City" agrees that the full cost of paving, sidewalks and street lighting will be borne by thell6ityll. 8. If any part of the land described in the documents deposited as above recited shall be entered upon by the "City" and work shall be commenced for the purpose of widening Indian Creek Drive, then the City shall be obligated to complete the same and to carry forward to completion the work of bulkheading and filling to the west of "Owner's" land as contemplated hereby. 9. The right of the City to assess the cost of bulkheading as herein contemplated against the "Owner's" land shall not be de- pendent upon the beginning or completion of the work of widening Indian Creek Drive, but if the "City" commences the work of bulk- heading 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 against "0vmer t s" property as herein contemplated. 10. The filling and bulkheading herein contemplated shall be substantially completed not later than June 1, 1950. 11. If the filling and bu+kheading herein contemplated shall not have been substantially completed by the date mentioned in Paragraph 10 above, then the "Owner" and "Lienorst' shall have the right to withdraw the documents deposited as above recited with the City Clerk of the City, upon dmnand and without prior notice. 12. If at any time prior to actual commencement of the work upon the ground, the "City" shall determine not to undertake the work of bulkheading and filling herein contemplated, it shall return the documents deposited as above set forth to the "Owner" and "Lienors" whereupon this agreement shall be at an end and there -5- 3. ;)'.'l' ')1)8 BOOK' fj)O P^GE,j:}l shall be no liability on the part of the "City" to either "Owner" or "Lienorstl. 13. After June 1, 1950, this agreement shall in any event be at an end and the "City'stl right, title and interest in the lands above described shall rest and depend solely upon the documents deposited hereunder, provided the "Citytl shall have become entitled to take possession of said documents by doing the work herein contemplated, and after the date last mentioned no person shall be charged with notice hereof or of any claim or interest in said lands by virtue hereof on the part of said "City" and thereafter all persons dealing with the "Owner" or with the 'Lienors" relative to the II Own er , Sll property shall be entitled to treat this document as a nullity and as an option which has ex- pired, provided the expiration of this document by limitation of time shall not in any wise affect the IlCity1sll lien acquired by actually doing the bulkheading at or adjacent to the tlOwner'sll property as herein contemplated, by the doing of which the lICity" shall become entitled to the documents ooposited hereunder as above recited and to a lien therefor as herein provided; and the IlCity" agrees that it will execute and deliver any further document deemed necessary by the "Owner" or IlLienors" for the purpose of relinquish- ing any rights acquired hereby, in the event the work herein contem- plated is not undertaken by the nCity", provided that one blanket document shall be deemed sufficient for all "Owners" and "Lienors" in the event such should become proper by reason of the IlCity1s" failure to do the work contemplated. 14. Owner's property which is to be used for street and sidewalk purposes is described as follows: Beginning at a point which is the intersection of the southerly line of Lot Twenty-nine (29)1 Block Three (3) of the Second Ocean Front Subdivis~on, according to the Amended Plat thereof recorded in Plat Book Twenty-eight (28), Page Twenty-eight (28) of the Pub- lic Records of Dade County, Florida, and the westerly line of Harding Drive, as shown on said Plat, (now Indian Creek Drive); thence westerly along the said -6- BoOK:32:j6 Pt\GE339 southerly line of Lot Twenty-nine (29) for a distance of forty (40) feet to a point; thence northerly along a line for a distance of one hundred sixty-eight and four-tenths (168.4) feet, more or less, to a point on the northerly line of Lot Thirty (30) said point being forty-five (45) feet westerly of said westerly line of Harding Drive (now Indian Creek Drive); thence easterly along said northerly line of Lot Thirty (30) for a distance of forty-five (45) feet to a point on said westerly line of Harding Drive (now Indian Creek Drive); thence southerly along said westerly line of Harding Drive (now Indian Creek Drive) for a distance of one hundred sixty- eight and four-tenths (168.4) feet, more or less, to the point of beginning. 15. 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 representatives and assigns of the several parties and the record hereof shall be effective to that end, except as limited by Paragraph 13 hereof. IN WITNESS WHEREOF, the several parties have hereunto set their respective hands and seals as of the J~ 1i day of November, A. D . 1949 . In the presence of: ~~ 134 ~. Je.L ~ .; /! , /' , /. J}J/ytft~ (Seal) ~:i~ ~ WPf( (Seal) (Seal) }-o.tJ.-t'<' I.~ ~sea1) / 1 J...,)O..../ J , J, U/t402/1/0 /Wz/4--tU(seal) ~ . '1 ~'/....., .," \. .' H.'.... '~.,K1. "'- '\ '-'. ' "'1 , . .". '..C, CITY By MIAMI 1:J ( Mayor ()U~u~ 'City Clerk - '.~ ,..'''' :-" ," : ~i fi:~ '." ." ., r [Dj.tttest: r .,' .....':.~;.- . :. ,,'.......~ \10_ J. ,C ~ ~ -7- 800!(3236 rAc~B40 STATE OF ..;f.~. ,uO-'1 . . COUNTY OF ~ SS . . Before me~ the undersigned authority, personally appeared, SIGMUND DRUCKER and ELSIE DRUCKER, husband and wife, to me well known to be the persons described in and who executed the foregoing, and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand County of i).A~ and official seal at "--J2".J:~ C[]~..., ~~ , State of d~ :~<"'J , this ,1j!f day of November, A. D. 1949. 11,' 'J ". "~_.:' .:, .'.., /~~! My commission expires: H p~ /'$~ Notar~ii.~ :~t1:' o~~.~ .... \~ ." ". . ~.,;; . :- . -,- . - : ,"';; .... ". .' .... ~....., 'v.>.........,...... " .... . . \:,"-- \' STATE OF FLORIDA: COUNTY OF DADE: SS ",I,.:., ...., Before me, the undersigned authority, personally appeared, SAMUEL WOLF and ESTHER WOLF, his wife, to me well known to be the persons described in and who executed the foregoing and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. '<~.i~ ) . WITNESS my hand and official seal at ~ /L~t ~5irOf Dade, State of F~~'~:L~ A. D, \ ~.~ N~tary Public, State of Florida .... My commission expires: ~. -v.l, lttfv N.tary FI,.,I' ~,~ '" I"')~ 1=f~ri.. .t 1II~- My co,. . ." t, pril 25. 1tS2. Ionded by AliICiJi.....n SurelY CiQ. tlf Li. r\. ,-\-,' ....4:. "\ I.. -.1 ~ i ~... \ "L " . ....... .~. '" ,/' ,11S..........,. , I J \ 1 l . STATE OF FLORIDA: COUNTY OF DADE: SS Before me, the undersigned authority, personally appeared, ANNA H. EBERSOLE, to me well blOwn to be the person described in and who executed the foregoing and acknowledged before me that she executed the same freely and voluntarily for the purpose3therein expressed. " \HTNESS my hand of Dade, State of and official seal}l.t ~ ~ . Florida.; this ..3(?~ day of ~ A. D. " .,Co~!).ty ,.., ~ " . , . /if..Jo~' ~: \. . orida ~.. / ...... < \ - ,'.. f;4~". '.- ,_'\ '-<I- /..:' '''>>: "...:MY; :C;ommission expires: '!; ; li. Stzts of "ie! ,~,""', of D,lde. 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