DD 30 G
~
June
"Jr,
, "
195'1
ii01~. L. B. Lea;',hernan
Clerk Circuit Court
Court Louse
lIiami 30, Florida
Ra: ?ortioD of T,ot Lot 25 Jess so. ,,') ft.
of' .,;Joe]" j of Second Ocean F'l'o::,t Bub.
Dear Sir:
~~nclosed 'herewith 111 Deed of Ded1~nt10n ilnd PTrtial
::eleaG ''I of ~;ortga,'e for recording. nc11y affix a Fy"
"'.clte st:llnp to ';he Deed of )C'l'latiOL.
Till >,0'1 please 1,jll the Cit'! of 1:1am! Beach for
701.' r record Ing f'ees.
'. erv 'Grul:r :'To'],r s,
G. '. Tomlinson
CitY" Clerk
-.:"-'"11':'\
lJLJ:l
J)f} 30 -Cj -
June 2$, 19$1
Mr. Jordan H. Da ndson
1$30 Washington Avenue
Miami Beach 39, Florida
near Mr. Davidson:
Enclosed please find a deed from the Trust..s of
the Internal Improvement Fund of the state of Florida
"hich conveyS to you the parcel of submerged land
adjacent to the northerly $0 feet of Lot 2$, Block 3,
Second OCean Front SUbc11'Vision.
'!'his deed is delivered to you pursuant to the terms
of the agreement of November 9 19*9 between you as owner,
Isaac Esses as mortgagor, and the City of Miami Beach,
which agreement had to do with the widAnir"g or Indian Creek
Drive and the filling in and bulkheading by the city.
Pursuant to the terms of the agreement, I am filing
for record a deed of dedication which you executec1 and
left with me as well as a partial release of IllOrtgage
executed by M1'. Esses and also delivered to .8 with the
agreement to which I have referred.
You have heretofore been notit'iecl of the lien which
has accrued to the 01 ty by reason of the bulkhead improve-
_nt.
Yours very trulY,
c. w. '101Il1nSOnsC 1 ty Clerk
CW'fIOll
Encl.
""-----~~.__.._--
Boov.3236 PI~GE3f)9 .
"
THIS AGRF.~ii~IJT, Hade and entered into this 9th
day of Uovernber, A. D. 1949, by and bet'.reen
JORDAN H. DAVIDSON, a single man
Part y
of the first part, hereinafter referred to as
the "Ol,mer", and
ISAAC ESSES,
P8.rt y
of the second 1Jart, '1.ereinafter referred to as
the "Lienor", and the CI'rY OF lIIAl1I ::JE;;'CH, a Florida
I.;un1cipal Corporo.tion, Party of the third part, herein-
after referred to as the nCi ty" ,
WIT N E SSE T J :
'limEREAS, the "Duner" is the mmer of the fee simple
title in and to the follo'.:ling descr!bed land, situat;e, ly-
ing and being in t11e City of lIiumi Beach, County of Dade,
State of Florida, to-wit:
Lot Twenty-five (2~)? less the south
Twenty-five (25) feet thereof, of
Block Three (3) of the SEC01ID 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
',nJ:E:.18AS, the IlLienor" is the mmer and holder of
a mortgage encurpbering said land, and
""',_-......J,......._~~_,..;..~, -.......
.BoO\(3-236 PAGE370
':IHEREAS, the City Council of the City of N1ami
Beach deems tt 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
uidening Indian Creel<: Drive, 0. public street in said City,
for street and side"lall: purposes, said easterly portion
of said land being hereinafter more fully described, and
I.!lIERJ!:AS, the "O,merll has indicated '1is 1:nllingnesS
to dedicc,te to the public for street and sic1e1:TalJ~ uses,
saic"l strip of land, and the "Lienor" has eXl1ressed his
':lilline;rless to release s<'.id stri, of land from the lien
of his mortgage, both in consideration of the filling,
by t11e nCity", at the nCity's" eX}1enSe, of a tract of
subnerged land nml lying ,.resterly of and adjacent to the
lands hereinbefore descr~.bed, 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 ::>no side\mlk pur-
poses hereinbefore referred to, said fill to consist of
material to be dredged from Indian Creek and to be filled
to an el~vation of at ieast 2.5 feet above mean high
water, and
, 'f']",,;r'Y~'AS
,,1~"'-' ,
the construction of 2. seu\'rall or bulkhead
is deemed by all the purties 11ereto to be necessnry for
the purpose of retaining ~nd protGcting the fill to be
made by the "Ci ty" ~lS aforesaid and to '"e of special bene.
fit to the land so filled and to the land adjacent thereto
end hereinbefore described, and
'cJl1EREAS, it is desired by the parties hereto that
the full cost of the construction of the sea'.mll or bulk-
head, hereinbefore referred to, shall be Tnet in t1:1e first
instance by tho "City" ana tnnt a portion of such cost shall
be assessee af,ainst the land filled as aforesaid and the
land hereinbefore described, the construction of said sea-
8001(32:36 PAGE371
wall or bulkhead and the assessment for the cost
thereof to be done and performed substant ially as
provided for in Sections 29 and 30 of the Charter of
the IICity",
NOH, THEREFORE, in consideration of the mutual
covenants hereinafter set forth, the parties agree as
follows:
1. The 1I0wner" has deposited a Deed of Dedication
and the IILienorll has deposited a "Release of Lienll, both
documents describing the strip of land off of the easter-
ly side of II Owner I Sll land "lvhich it is contemplated will
be used for street and sidewalk purposes, ~Tith the City
Clerk of the IICityll, 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 and Release above-mentioned
shall be retained by the said City Clerk until such time
~
as the City Engineer of the 1I'ei:j:;y" sha+l hage certified
to him, in writing, that the filling and bulkheading to
the west of "Owner's" land has been substantially com-
pleted as herein contemplated, and there has been pro-
cured by the IICityll at the "City's" expense, and delivered
to said l'Ownerll, a deed from the Trustees of the Internal
Improvement Fund of the State of Florida, conveying to
the "Ownerll that certain tract of submorged 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), Block Three (3),
amended Plat of Second Ocean Front Subdivision, according
to plat thereof, recorded in Plat Book ~qenty-eight (28),
Page Twenty-eight (28) of the Public Records of Dade County,
Florida, said point being Thirty-one (31) 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 Twenty-six (26) of said Block Three
(3) said point being Thirty-five (35) feet westerly of the
westerly line of said Block Three (3); bounded on the southerly
side by the westerly extension of a line parallel to and
Boo!\m~36 pJiGE372 .
Twenty-five (25) feet northerly of the southerly line of
Lot Twenty-five (25) of said Block Twenty-three (23) to its
intersection .,ith the above described weste;cly boundary said
po~nt of ~ntersect~on be~ng Thlrty-seven (j() feet~ mo~~ or less,
westerly of the westerly line of said Block Three \i)' bovpded
on the northerly side by the westerly extension of th~ nortnerly
line of Lot Twenty-five (25) of said Block T~ee (3) to its
intersection with tne above described wester y boundary said
po~nt of intersection bein~ Thirty-seven (37 feet~ ~ore or less,
westerly of the westerly l~ne of said Block Three i)' bounded
on the easterly side by the westerly line of said lotk Three (3);
whereupon said City Clerk shall make such disposal of
said Deed and Release as shall be directed by the City
Manager of said City.
3. The additions to nOwner'sll land by reason of such
bulkheading and filling shall be encumbered by lILienor's"
lien to the same effect and extent as though the same
had been in existence at the date of said lien and had
been expressly described in and encumbered thereby as a
part of the original security thereof.
4. The "a_mer" and the "Lienor" do hereby _mive any
and all irregularity and defects in the various proceed-
ings incidental to the assessing of the "Olmer' s" proper-
ty (inciuding additions 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 or the assessment
herein provided for, and the power and authority of the
nCity" to make such assessment; and they do waive all no..
tices 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), which lien shall be superior to "Lienor's" lien
against the same, and said assessment lien of the City
shall be as effective as though each and all requirements
. ,,,,,')0[> ')73
SGOiIO(,,-jO P?CE)
of law relative thereto had been followed and observed
without any deviation, error or irregularity whatsoever,
and this agreement, without any other thing or act what-
soever, 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 "City".
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 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 '!O.mer" 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 exceed the sum of
$35.00 per lineal foot of bulkhead.
6. 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 im-
provement made in the area of his property.
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 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".
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
3.....og '37'"
80al,' ~'~I\) PAGE, . :t
purpose of widening Indian Creek Drive, then the City
shall be ob1ignted to complete the same and to carry
forward to completion the work of bulkheading and fill-
ing 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'sll
land shall not be dependent upon the beginning or com-
pletion of the work of widening Indian Creek Drive, but
if the "City'" commences the work of bulkheading and/or
filling on the ground as herein contemplated, then it
shall be bound and obligated to complete the same, where-
upon it shall be entitled to assess the cost of the same
against "Owner'sll property as herein contemplated.
10. The filling and bulkheading herein contem-
plated shall be substantially completed not later than
June 1, 1950.
11. If the filling and bulkheading herein con-
templated shall not have beensubstant ially completed
by the date mentioned in Paragraph 10 above, then the
"Owner" and "Lienor" shall have the right to withdraw the
documents deposited as above recited with the City Clerk
of the City, upon demand 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 de-
posited as above set forth to the "Owner" and "Lienor"
whereupon this agreement shall be at an end and there
shall be no liability on the po.rt of the "City" to either
"O~mer" or "Lienorll.
13. 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
BOOK 3236 PAGE 37 5
depend solely upon the documents deposited hereunder,
provided the IICityll shall have become entitled to take
possession of said docQments by doing the work herein
contemplated, and after the date last mentioned no per-
son 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 1I0wnerll or with the II Lienorll relative to the 1I0tmer' 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 affect the llCity'sll lien acquired by ac-
tually doing the bulkheading at or adjacent to the 1I0wner'sll
property as herein contemplated, by the doing of which the
IICityll shall become entitled to the documents deposited
hereunder as above recited and to a lien therefor as herein
provided) and the IICityll agrees that it will execute and
deliver any further document deemed necessary by the "Ownerll
or IILienorll for the purpose of relinquishing any rights
acquired hereby, in the event the work herein contemplated
is not undertaken by the IICity", provided that one blanket
document shall be deemed sufficient for all "Owners" and
IlLienorsll in the event such should become proper by rea-
son of the "City'sll failure to do the vlOrk 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 a
line Twenty-five (25) feet northerly of the southerly line of
Lot Twenty-five (25), Block Three (3) of the Second Ocean Front
Subdivision, according to the Amended Flat thereor~ recorded in
Plat Book ~~enty-eight (28), Page Tvlenty-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); thence
westerly along said line Twenty-five (25) feet northerly of and
parallel with the southerly line of said Lot Twenty-five (25), a
distance of Thirty-two (32) feet to a point; thence northerly
along a line ror a distance of Fifty and four tenths (50.4) feet,
more or less, to a point on the northerly line of said Lot Twenty-
five (25); said point being Thirty-three (33) feet westerly of
the said westerly line of Harding Drive (now Indian Creek Drive)~
thence easterly along ,said northerly line of Lot ~qenty-five (25)
for a distance of Thirty-three (33) feet to a point on the said
westerly line of Harding Drive (now Indian Creek Drive); thence
southerly along said westerly line of Harding Drive (now Indian
'~''''''{~ 3'-7~
.BOo.~, v?~)') PAGE i u
Creek Drive) for a distance of Fitty and four tenths (50.4)
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 lJITNESS 1iJHEREOF, the several parties have here-
unto set their respective hands and seals as of the ~
day of
Dec@ber
A. D. 1949. (
n.~~--.
_'I ~
-~
(Seal)
In the
of:
(Seal)
~Seal)
(Seal)
~ \ .,t, L-.',
\ \\ . .."1 C'\
f;,..... .,. '
.""-~
MIAMI BEACH
~~{----
By
""
iZC1/~-
City Clerk
, .,
1 'i.
A'Hast:
,\,' ,
,'"
<... '-
30;'11(' 3 (7
BOOK 'c....:h) of.GE' ~:.
STATE OF
COUNTY OF
FLORIDA
DADE
.
.
SS
I HEREBY CERTIFY, That on this day personally
appeared before me, an officer duly authorized to
administer oaths and take acknowledgments,
Jordan H. Davidson,
to me well known to be the person
descri,bed in and
who executed the foregoing instrument, and acknowledged
before me that he executed the same freely and volun-
tarily for the purposes therein expressed.
WITNESS my hand and official seal at Miami Beach
County of
Dade
and state of Florida
, this
JI
day of
December
A. D. 1949 .
3~J.P~
x I I
Notary Public, State of Florid~ T
;,j",.'ji;;'i}
Illi!;o',
.. \.....'.~...j. "
."",:~
.." "
~" :
.... '::"\
'. ::..:
. .
My commission expires:
: '
. -
.'
,,\.;;. " ......... \'"
\,
i\lct:'.i/Y :;,::",;~,\:,::, St3":a of F1oric3 c::t !~,......~
"'h' Comt'iis~ion eApir~:; Feb. I. 1...._;.
,.
1.
\
, ~
BOOK323G Pf\GE378
STATE OF FLORIDA
COUNTY OF DADE
ss
I HEREBY CERTIFY, That on this da~ personally
appeared before me, an officer duly authorized to
administer oaths and take acknowledgments,
ISAAC ESSES
to me well known to be the person
described in and
who executed the foregoing instrument, and acknowledged
before me that he executed the Same freely and volun-
tarily for the purposes therein expressed.
lIHTNESS my hand and official seal at Miami Beach
3'lAf
Dade and State of
day of ~he~
, this
County of
Florida
{~~;.
A. D.
state of
My commission expires: 7Ltn;. d-II 17<r/
~:" ",
~~.~f,", ,,1.
".; u., U':~~'i ;
" f'" , f D
' "'", .? C\ ,,'3de.
T: . ..
;1;1'
19' 'I ,-,/' '",h,,~,.., J".., ,_:::1-
~\J,;IT; '/~Ai18'''j . a,l, CD/ cf<?C~
---_y""! Ul/\ ~. _ __ A "
BOOkd..2...a'CGil i'ag8.J.'2.r,,; " ,~
E, ' //,fi'.(?'h2
Ci21"h lif;.,'ui ("...:.-. 'i
B~.._,_':;) , We., t
-~ / DC
d-"-~--~._nh."'_--~~_n_uu*... . .