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DD 30 H June 26, 19'5'1 IIoT1.. E. T>. J.eatlterr;an Clork CircuH Court Court IIcuse ":l.m~i 30, 710ridn He: Portion of Lot 26 and I,ot 27, Block 3, Seco'd Ocean Front Su'bd,iv:Lsion. Dear Sir: jnclosed herevlith is De,~d or Dedieation on :;bove rroperty for "ecordlng on Hl,lch nle'1s" r1aca " ] ,'1 Si e dO~'''''H''11t~'T''r ~-r,""1n '".'- ~_ y.. ._' \... .,',.. .0 ".\"" .;._' '.. c.' .....,.. ... . EidJv b111:;"0 Cit-, of :a1I'1i T1e:v:,h fer 'Tf'Ur recordi:,:::' fee. V~r"/ truly yonrs, C. -;. Tomlinson City Clerk JETi' ,I <'~ S19 '30-H- J&f) ~- At. June 25, 1951 Mr. lf01"ll&!1 Rauch ~~g tin:~l:~:! A ttorne:r Miami Beach 39, Florida Dear Mr. Rauch: There is enclosed herew1 th a deed .trom the '!'rust... of the Internal Improvement Fund of the State of Florida conve:r1ng to you and :rour wUe the parcel or submersed land in Indian Creek adjacent to your Lots 26 and 27, Block 3, of Second Ocean Front SubdiVision, which land, as you ImOW, has been filled and bulkheaded by the city. '!'his deed is being f'orwarded to you pursuant to the terms of the agreement dated January 3, 1950 between you and Mrs. Rauch and the Ci tyof Miami Beach in connection with the bulkheading and filling rererred to. I am filing for record in the office or the Clerk of the Circuit Court the deed of dedication executed by you and Mrs. Rauch which was deposited with me together with the agreement. You haTe heretofore been not1f'ied as to the lien which has accrued to the CIty by reason of the bulkhead constructed by the city. Yours very truly, c. W. 'loalW011 City Cleft CWfIOJl Encl. B(1f1,,~~2?'r P, ,<e,c3,1 0 .,.)",- -.....)qJ .'-11.,1-. i~.i A. D. and entered into this .so l~, by and between 3-- day S AGREEMENT, Mad e and LILLIAN RAUCH, his wife, Partiesof the first part, hereinafter referred to as the "Owner", and the CITY OF HIAHI BEACH, a Florida Municipal Corporation, Party of the Second part, herein- after referred to as the "City", WIT N E SSE T H l'!HEREAS, the II O\rnerll is the o',mer of the fee simple title in and to the rollowing described land, situate, lying and being in the City of Miami Beach, County of Dade, State of Florida, to-~it: Lots Twenty-six (26) and Twenty-seven (27) 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 City Council of the City of Miami Beach deems it to be to the best interest of the "Cityll to acquire, for the use of the public, an easement across BOOK3236' PAGE350 the easterly portion of said land, for the purpose of widening Indian Creek Drive, n public street in said City, for st~eet and sidewalk purposes, said easterly portion of Said land being hereinafter more fully described, and iJHEREAS, the "Owner" 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 "City", at the "City's" expense, of a tract of submerged land now lying weste~ly 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 "City" for the street and side..l1:!lk 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 "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 or the seawall or bulk- head, hereinbefore referred to, shall be met in the first instance by the "City" 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"City", BOOf(323G ~AGE:j51 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 lIOwner'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 or 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 "City" shall have certified to him, in ';lrHing, that the filling and bulkheading to the west of "Owner's" 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 "Owner", a deed from the Trustees of the Internal Improvement Fund of the State of Florida, conveying to the l'Ownerlt that certain tract of submerged land bounded as follows: 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 Twenty-three (23)1 Block Three (3), Amended Plat of the Second Ocean Front oubdivision ac- cording 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 thirty-one (31) feet Wes- terly of the westerly line of said Block Three (3); thence in a northerly direction to a point on the westerly exten- sion of the northerly line or Lot Twenty-six (26) of said Block Three (3), said point being thirty-five (35) feet wes- terly of the westerly line of said Block Three (3); thence run in a northerly direction to a point on the westerly ex- tension of the northerly line of Lot Twenty-eight (28) of said Block Three (3), said point being forty (40) feet wes- terly of the westerly line or said Block Three (3); bounded on the southerly side by the westerly extension of the sou- therly line of Lot Twenty-six (26) of said Block Three (3), to its intersection with the above described westerly boun- dary, said point of intersection being thirty-seven (37) feet, more or less, westerly of the westerly line of said Block Three (3); bounded on the northerly side by the wes- terly extension of the northerly line of Lot Twenty-seven (27) of said Block Three (3), to its intersection with the above described westerly boundary, said point of intersec- tion being rorty-one (~l) feet, more or lesst westerly of the westerly line of said Block Three (3); bounded on the easterly side by the westerly line of said Block Three (3); BOOK 32:j6 fAGE352 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 "0wnerlf hereby waives any and all irregu- larity and defects in the various proceedings incidental to the assessing of the "Owner's" property (including additions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and the "O"mer" 'Vlaives any and all objections to the legality of the assessment herein provided for, and the power and authority of the "City" to malce such assess- ment, and the "Owner" 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 "Owner" agrees tl1at 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), end 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 vThatsoever, 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 BOOj( 3286 PP,GE 3;i3 "City", either by its own personnel or by independent contractor, at the option of the lICity". 4. The pro-rata cost of bulkheading which shall be assessed against the "O..mer' 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 nt the rate of 4% per annum, payable annually upon sums remaining from time to time unpaid, provided the "O"mer" 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 bulkhead. 5. The amount to bs assessed against 1I0wner'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 impro~ement 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 IlCity" agrees that the full cost of paving, sidewalks and street lighting will be borne by the "City". 3...."6 . n-.~ 8001(' ~;J ' ?!\GE ,)t)~ 7. If any part of the land described in the Deed of Dedication deposited as above recited shall be entered upon by the IICitylJ and \'lork shall be commenced for the purpose of widening Indian Creek Drive, then the City shall be obligated to complete the same and to carry forvTard to completion the uorlr of bulkheading and filling to the \'lest of IIcnmer' Sll land as contemplated hereby. 8. The right of the City to assess the cost of bu1.kheading as herein contemplated against the lIO':mer I slJ land shall not be dependent upon the beginning or comple- tion of the 1'Tork of v!idening Indian Creek Drive, but if the IICityll commences the ,vork 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 lIOwner'slJ 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 bullUleading herein contem- plated shall not have been substantially completed by the date mentioned in Paragraph 9 above, then the lI01:mer" shall have the right to 1:Tithdrav the Deed or Dedication deposited as above recited "Ti th the City Clerk of the City, upon demand and without prior notice. 11. If at any time prior to actual commencement of the work upon the ground, the lICityll 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 rorth to the 1I0,merll "Thereupon this agreement shall be at an end and there shall be no liability on the part of the IICi ty" to the "O'mer". BOOK 3236PM~r)l:15 12. After June 1, 1950, this agreement shall in any event be at an end and the "City'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 1'Tith notice hereof or of any claim or in- terest in said lands by virtue hereof on the part of said "Cityll and thereafter all 1 persons dea ing \"ith the "O\ffler" relative to the "O'mer' s" property shall 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 arrect the "City's" lien acquired by actually doing the bulkheading at or ad- jacent to the "Owner's" property as herein contemplated, by the doing of which the "City" 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 e~ecute and deliver any further docu- ment deemed necessary by the "O\'lner" ror the purpose of relinqUishing any rights acquired hereby, in the event the work herein contemplated is not undertaken by the "City", provided that one blanket document shall be deemed suffi- cient for all "OvTners" in the event such should become proper by reason of the "City's" failure to do the work contemplated. 13. "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-six (26), Block Three (3) of the Second Ocean Front SubdiviSion? according to the Amended Plat thereof recorded in Plat Book Twenty-eight (28), Page Twenty-eight (28) of the Public Records of Dade County, Florida! and the westerly line of Harding Drive, as shown on said Plat, {now Indian Creek Drive)j thence westerly along said southerly line of Lot Twenty-six (2b) a distance of thirty-three (33) feet to a point; thence northerly along a line for a distance of one hundred fifty-three and seven- tenths (153.7) feet, more or less, to a point on the northerly line of Lot Twenty-seven (27); said point being thirty-seven (37) feet westerly of the said westerly line of Harding Drive (now Indian Creek Drive); thence easterly along said northerly line of Lot 3?'JC 3r:"C BOOf(''-,,/'.HJ PAGE. t)U Twenty-seven (27) for a distance of thirty-seven (37) feet to the said westerly line of Harding Drive (now Indian Creek Drive); thence southerly along said westerly line of Harding Drive (now Indian Creek Drive) a distance of one hundred fifty-four (15'4.0) feet, more or less, to the point of be- ginning. 1,. 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 vIITNESS 1;lHEREOF, the several parties have here- unto set eir respective hands and seals as of the ;;$ .so A. D. 19 W . day of ~~ ~~.L. ~~~, 1f~~(Seal) (Seal) ~ ?n ./7L..- ~ \:' , \' >.'~ ' \ " " . HtJ~! '. "9 .', C\~ '.'\ " ". CIT1 0 By I ( ...:;,' . '(~ \;.!" l' 11: ~ 'I .J.. .. 1..," .',' ,." ,."t'. .",>..' " r; r ,. , 1.. Attest: ~~~~. City Clerk ~ BOOK3.236 PAGE357 STATE OF FLORIDA . . SS COUNTY OF DADE I fillREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, NORMAN RAUCH and LILLIAN RAUCH, his wife, to me well known to be the person s 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. \HTNESS my hand and offlcial seal at Miami Beach County of .3 day of and State of Florida , this A. D. l~. ;,-;.,.\..f lJ ,r~f"'My (,,~~'-:-" "<,~ ""~~~.~ ,l'" .: ~ ~,. .' 1 ~: '0,' .... . c~. ,. .--., ~ fe' ." "V : t.;~,: ~ y ., . " ! r : " ,.<j. \ : ~t. :~ -..-'" .~. "~.,J .: '.f ,'''I "., " .. y" ~ 'tt... >.,"' '\. ,', !'" r ~.:' ~, \ . ;:, i.' l commission expires: f,';2 / -~r;j St:-ite cf , '/ (If C3de. lllis dL'~ '). " ,,~:~ fo:" H'n 19:)0 "t~; /$" rff cli'J C;UiY ;.: , Gook.;..~q Ceil l~g(l.-il:;(..?' , .~.n.~ '// 9HO.Z__ ~. In.' ~ Cl:,'l!' ~ill Ill' ',,;f { B;.dc._. '7~............D.c.