DD 30 F
ihJ2 ~-F
Maroh 10, 1952
/
Regl,tered Mail
Return Receipt Requested
Bat J. Klein, Esq.
Attorn.,. at Law
~ Lincoln Road
M1a1 Beach, Flor1da
In rei The li 25 teet ot Lot 24 and the S 25 teet ot
Lot 25, Blook 3, SECOND OCEAN FRONT SUBDIVISION
. Dear Nat:
Pursuant to the terms ot the two agreements dated
December 31, 1951, between Henry Elliott and wite, and others
wlth the Cit,. ot Miami Beach, deeds have been obtained by the
01t,. ot Miami Beach at its expenae trom the Trustees ot the
Iaternal Improvement Fund ot the State ot Florida conveying to
Henry Elliott the paroels ot submerged land lyins in Indian Creek
Wbloh were reterred to and desoribed ln sald agreements, and I
.. now sending them to you as required by the terms ot the
acreementa.
These deeds Which I enGlOBe herewith are as tollows:-
1.
Deeda numbered 19609 and 19610, each dated Aprll
2~, 1950.
2. Deeds numbered 19942 and 19943, eaoh dated December
11, 1951.
Very trul7 yours I
C. W. TOMLINSON
City Clerk
Oltl' I oa
EftOla. 4
.
~
BOOK 3563 rAtl446
A THIS AGREEMENT, made and entered into this .J/daay of
~ A. D. 1951, by and between HENRY ELLIOTT and MARY
ELLIOTT, his wife, parties of the first part, hereinafter referred
to as the OvJNERS, and HERHAN B. OBERHAN and EVA OBERMAN, hi s wi! e,
parties of the second part, hereinafter referred to as the LESSEES,
and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF NIAMI, a United
States corporation, party of the third part, hereinafter referred
to as the HORTGAGEE, and CORONET APARTMENTS, INC., a Florida
corporation, party of the fourth part, hereinafter referred to as
the LIENOR, HARILYN KAY, party of the fifth part, hereinafter called
FORHER OWNER, OCEAN BREEZE APTS., INC., a Florida corporation, party
of the sixth part, hereinafter called FORViliR LESSEE, and the CITY OF
MIAMI BEACH, a Florida municipal corporation, party of the seventh
part, hereinafter referred to as the CITY.
WIT N E SSE T H :
WHEREAS, the Owners are the owners 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 and State of Florida, to wit:
The South Fifty (59) Feet or Lot. Twenty-
four (24) of Block Three (3) of SECOND
OCEAN FRONT SUBDIVISION, according 'to the
amended plat thereof, recorded in Plat Book
282 at page 28i of the Public Records of
Dade County, F orida.
AND WHEREAS, the Lessees are the lessees under a long term
lease covering said land and the Mortgagee is the owner and holder
of a mortgage encumbering said land, which mortgage and the note
secured thereby were executed by the Former Lessee and the Former
Owner, and the Lienor is the owner and holder of a mortgage encumber-
ing said long term lease, and
VIHEREAS, 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
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
'snO!I 3563PAG~ 447
City, said easterly portion of said land being hereinafter more fully
described, and
WHEREAS, the Owners and the Lessees have indicated their
willingness to dedicate said strip of land to the public for street
and sidewalk purposes and the Mortgagee and the Lienor have expressed
their Willingness to release said strip of land from the lien of
their respective mortgages, all in consideration of the matters here-
inafter set forth, and
WHEREAS, in contemplation of the dedication heretorore re-
ferred to, and in contemplation of the granting by the Mortgagee and
the Lienor of the releases hereinbefore rererred to, the predecessor
in title of the Owners has caused to be filled to an elevation of 2.)
feet above mean high water, a tract of submerged land in Indian Creek
lying westerly of and adjacent to the lands hereinbefore described,
said area so filled being equal in depth and area to the depth and
area of the strip of land to be dedicated to the City for street and
sidewalk purposes as hereinbefore set forth, and
WHEREAS, the construction of said fill made necessary the
construction of a seawall or bulkhead for the purpose of retaining
and protecting the said fill which said bulkhead and seawall has
heretofore been constructed by the said predecessor in title of the
Owners, the total cost of said fill being in the sum of $774.39 and
the total cost of the construction of said seawall or bulkhead being
in the sum of $2,987.00, and
WHEREAS, the sum of $3,761.39 is due and unpaid to M. F.
Comer Bridge & Foundation Co. for work performed for said predecessor
in title in the construction of said bulkhead and fill, and
WHEREAS, simultaneously with the execution and delivery of
this agreement:
a) The City has delivered to the Owners a deed of conveyance
from the Trustees of the Internal Improvement Fund of the State of
Florida, conveying to the Owners the tract of land heretofore filled
-2-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
. .
BODK$J fAli448
as aforesaid, which is described as follows, to wit:-
A parcel of land westerly of and adjacent to the
southerly 50 feet of Lot 24 Block 3, Amended
Plat or Second Ocean Front Subdivision, being a
subdivision of Government Lots 2, 5' and 6 of Frac-
tional Section 11 and Government Lot 1 and a por-
tion of Government Lot 4, all in Township 53 South,
Range 42 East, Dade County, Florida, and more par-
ticularly described 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 southerly line of
Lot 24, Block 3, Amended Plat of Second Ocean Front
Subdivision, according to Plat thereof, recorded
in Plat Book 28, at page 28, of the Public Records
of Dade County, Florida, said point being 31 feet
westerly or the westerly line of said Block 3;
thence run in a northerly direction to a point on
the westerly extension of the northerly line of
.>' Lot 261 of said Block 3, said point being 35 feet
wester y of the westerly line of said Block 3;
bounded on the southerly side by the westerly ex-
tension of the southerly line of Lot 24, said Block
3, to its intersection with the above described
westerly boundary, said point of intersection being
31 feet westerly of the westerly line of said Block
3; bounded on the northerly side by the westerly
extension of the northerly line of the south 50 feet
of said Lot 24 to its intersection with the above
described westerly boundary, said point of intersec-
tion being 35 feet, more or less, westerly of the
westerly line of said Block 3; bounded on the easterly
side by the westerly line of said Block 3.
AND ALSO
That certain parcel of land, westerly of and immediately
adjacent to the parcel last described, bounded as follows:
Bounded on the easterly side by a portion of the line
described as follows:
Beginning at a point on the westerly extension of the
southerly line of Lot 24, Block 3, Amended Plat of
Second Ocean Front Subdivision, according to Plat there-
of, recorded in Plat Book 28, at page 28, of the Public
Records of Dade County, Florida, said point being 31 feet
westerly of the westerly line of said Block 3; thence
run in a northerly direction to a point on the westerly
extension of the northerly line of Lot 26 of said Block
3, said point being 35 feet westerly of the westerly
line or said Block 3.
Bounded on the westerly side by a portion of the line
described as follows:
Beginning at a point on the westerly extension of the
southerly line of said Lot 24, said point being 35 feet
westerly of the westerly line of said Block 3; thence
run in a northerly direction to a point on the westerly
extension of the northerly line of said Lot 26 said
point being 40 feet westerly of the westerly line of
said Block 3.
-3-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
. .
8001<3563 PMl449
Bounded on the southerly side by the westerly
extension of the southerly line of said Lot 24
to its intersection with the above described
westerly boundary, said point of intersection
being 35 feet westerly of the westerly line of
said Block 3.
Bounded on the northerly side by the westerly
extension of the northerly line of the southerly
50 feet of said Lot 24 to its intersection with
the above described westerly boundary, said point
or intersection being 40 reet, more or less, wes-
terly of the westerly line of said Block 3,
b) The City has paid to M. F. Comer Bridge & Foundation
Co. the sum of $3,761.39, in full payment for the construction of
said bulkhead and fill (in consideration for which the City acquires
a lien as hereinafter provided).
c) The Owners and the Lessees have delivered to the City a
deed of dedication by the terms of which there is dedicated to the
City and to the publiC, for street and sidewalk purposes, that cer-
tain parcel of land situate in Miami Beach, Florida, bounded as
follows:-
Beginning at a point which is the intersection
of the southerly line of Lot 241 Block 3 of
the Second Ocean Front Subdivislon, according
to the Amended Plat thereof, recorded in Plat
Book 28, at page 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
the said southerly line of Lot 24 a distance
of 30 feet to a point; thence northerly a
distance of 50 feet, more or less, to a point
which is on the northerly line of the south
50 feet of said Lot 24; said point also being
31 feet westerly of the said westerly line of
Harding Drive (now Indian Creek Drive); thence
easterly along said northerly line of the south
50 feet of said Lot 24 a distance of 31 feet
to the westerly line of said Harding Drive (now
Indian Creek Drive); thence southerly along said
westerly line of said Harding Drive (now Indian
Creek Drive) for a distance of 50 feet, more or
less, to the point of beginning.
d) The Mortgagee has delivered to the City an instrument
by the terms of which there is released from the operation of the
the Mortgagee's mortgage, the strip of land dedicated as aforesaid,
and the Former Lessee and the Former Owner hereby consent to the
-4-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
. BOOK350J 'PAGE 450
release by the Mortgagee from the said mortgage of the land dedicated
as aforesaid and described in Paragraph "Cll hereof.
e) The Lienor has delivered to the City an instrument by
the terms of which there is released from the operation of the
Lianor's mortgage, the strip of land dedicated as aforesaid.
f) The Owners, the Lessees, and the Lienor agree and cove-
nant that the tracts of land described in Paragraph (a) hereof shall
be deemed and considered to be leased and demised to the Lessees as
fully and for all purposes as though the same had been originally
described and set forth in those certain leases wherein the Former
Owner was lessor and the Former Lessee was lessee; said leases hav-
ing thereafter been duly assigned to the Lienor, and thereafter
again having been duly assigned by the Lienor to the Lessees.
g) The Owners, the Lessees, the Lienor, and the Mortgagee
agree and covenant that the tracts of land described in Paragraph
(a) hereof shall be deemed and considered to be included in the land
described and set forth in that certain mortgage heretofore executed
and delivered by the Former Owner and the Former Lessee to the
Mortgagee for all purposes and subject to the conditions and covenants
contained in said mortgage as fully as if the same had been originally
described and set forth in said mortgages.
h) It is further understood and agreed by and between the
Lessees and the Lienor that the tracts of land described in Paragraph
(a) hereof shall be deemed and considered to be included in the land
described and set forth in that certain mortgage heretofore executed
,and delivered by the Lessee to the Lienor for all purposes and
subject to the conditions and covenants contained in the said mortgage
as fully as though the same had been originally described and set
forth in said mortgage.
i) The Lessees hereby agree to repay to the City the sum of
$1,750.00 which represents a portion of the amount paid by the City
to M. F. Comer Bridge & Foundation Co., as aforesaid, such repayment
-5-
OFFICE OF CITY ATTilRNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
'8GOIi3563 PAGE451
to be in ten equal annual installments beginning on November 15, 1952
with interest from November 15, 1951, at the rate~ four (~%) per
cent per annum, payable semi-annually, on sums remaining from time
to time unpaid, provided however, that the Lessees shall have the
privilege of paying the entire sum together with accrued interest at
any time.
j) The Lessees and the Lienor agree that the City is here-
by given and shall hereafter have a valid and enforceable lien against
the Lessees' interest in said property (including the land acquired
from the Trustees of the Internal Improvement Fund as aforesaid and
excluding the portion thereof described in the Deed of Dedication
above referred to) for the said sum of $1,75'0.00 required to be paid
to the City by the Lessees as set forth in Paragraph (i) hereof until
fully paid; which lien shall be superior to Lessees' lease and to
Lienor's mortgage lien against the same, but shall be subject to and
inferior in dignity to the lien of the mortgage of the First Federal
Savings & Loan Association recorded in Mortgage Book 2172 at page 365'
of the Public Records of Dade County, Florida.
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 recording hereof shall be effective to that end.
IN WITNESS WHEREOF, the parties of the first, second and
fifth parts have hereunto set their hands and seals, and the parties
of the third, fourth, sixth and seventh parts have caused these
presents to be signed in their corporate names by their duly authorized
-6-
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
, BOOK 3563 'PAGE 452
officers and their corporate seals to be affixed the day and year
~ '-..
As to party of fifth part
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Secretary
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Attest:
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Secre ary ,
Secretary
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~" , ,..:~,i:' City Clerk
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(SEAL)
(SEAL)
FIRST FEDERAL SAVINGS AND LOAN
ASSOCIATION OF MIAMI (' ',i !:'
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BY . V. f)- . '".".'\- "".,
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VicePresi~I!~:' "".':':' ':.
CORONET APAR~lliNTS,
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OCEAN ~REEZE ~APTS., ~~"
BY~ .\T~
President
CITY'" TEACH(;J
_BY /l) 1 V~
Mayor
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
BOO\( 3563 PASE 453
STATE OF FLORIDA
COUNTY OF DADE
)
)
SS. :
BEFORE ME, the undersigned authority, personally appeared
HENRY ELLIOTf and MARY ELLIOTT, his wife, to me well lmown to be
the persons described in and who executed the foregoing, and ac-
lmowledged before me that they executed the same~eely and volun-
tarily for the purposes therein expressed. . ~
WITNESS my hand and offjci~ seal at /)J~'~ ~
Dade County, Florida, this,,9 Ie day of ~ , A.D.
1951.
My.;,~~,imnJ)!lsion expires:
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Notary Public, State of Florida at large,
My Commission expires Dee, 26, 1954,
STATE OF FLORIDA )
SS.
COllITY OF DADE )
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
aclmowledgments R. P. FORD and H. D. DAVIS Vi"...
President and Secretary, respectively, of FIRST FEDERAL SAVINGS AND
LOAN ASSOCIATION OF MIAMI, a United States corporation, to me well
lmown to be the persons described in and who executed the foregoing
instrument and duly aclmowledged before me that they executed the
same for the purposes therein expressed as the act and deed of said
corporation.
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~My comWis~ion expires:
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~~arv-~lic. ..st~te.. of Florido ot lorgi
',., 'My g:>'W'tsi~""'.,z<~S Sept, 12, 1955,
~-'_~ndedLty ~me!.r:~n:- SureTy Ce. of N. Y.
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FlCR1',)t. "
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my o. fficial seal ~ ~,' , said County and State, this
dld~day of I/)~ ' A.D. 1951.
L1ZmiA~';/ (1, ~J ~.~
otary Public, State of Florida
at Large
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/'
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
BOuK'356~ PAGE454
STATE OF FLORIDA
COUNTY OF DADE
)
)
SS. :
BEFORE ME, the undersigned authority, personally appeared
HERMAN B. OBERMAN aRB. W.T.i. OmIDIWT, 1.13 wife:., to me well lmown to
be the persona described in and who executed the foregoing, and
aclmowledged before me that ,he, executed the same freely and
voluntarily for the purposes therein expressed.
WITNESS my hand and official sea at ~
Dade County, Florida, this 7"tt.. day of
19 $'li.
i:~~/~l.ssion expires' Mv. "", 'trY Not~
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STATE OF FLORIDA
COUNTY OF DADE
)
)
SS. :
BEFORE ME, the undersigned authority, personally appeared
MARILYN KAY, to me well lmovn to be the person described in and who
executed the foregoing, and aclmowledged before me that she executed
the same freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal at
Dade County, Florida, this day of
1951.
, A. D.
Notary Public, State of Florida
at Large
My commission expires:
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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STATE OF FLORIDA
COUNTY OF DADE
)
)
SS. :
I HEREBY CERTIFY that on this day personally appeared
before me, an otf~cer d .y~uthorized to admin~r oaths ~ake
aCknowledgments'( " L~' /1'~ and) ~v.\ ~,
President and Secret ry, respectively, of CORONET APARTI1ENTS, II~.,
a corporation, to me well known to be the persons described in and
who executed the foregoing instrument and duly acknowledged before
me that they executed the same for the purposes therein expressed
as the act and deed of said corporation.
My commission expires:
), _/
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IN WtTNESS WHEREOF, I have hereunto set my hand and af-
fixed my ~ffiCl,' al seal at ,.1 (; . ^ IJ said Coun t,y~q, I ;' 0],:/ ,
State, thls ~/ day of~J.vL-- , A. D. 1951.~,"7.:."''''''''':~v ~
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at Large \"<:"' , ,..... '-
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STATE OF FLORIDA )
COUNTY OF DADE )
SS. :
I HEREBY CER~ that on this day personally appeared
before me, an office~(duly ;?llthorized to admi " er oaths.-a take
acknowledgmen ts /~ /~ and . /. . " ' ,
President and Secye~ary, respectively, of OCEAN B EZE APTS.,?INC.,
a carporation, t~ me well known to be the persons described in and
who executed the foregoing instrument and duly acknowledged before
me that they executed the same for the purposes therein expressed
as the act and deed of said corporation.
pIHHd..~,
. IN '/lITNESS ~., EOF, I" hat-e he}'eunto set my hand andq,ff, '~J!;~ /,,','.,....
my officlal seal at / ~ J-e~" , said County and ~t!i~e.;, '" -'.
this .2-(~' day of /~ , A. D. 19~. =: ,'," ')"" ','
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My commission expires:
<.I/Iz/;-r
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
aOOr3563 ~ 456
STATE OF FLORIDA
COUNTY OF DADE
)
)
SS. :
I HEREBY CERTIFY, that on this day personally appeared
before me D. LEE POWELL and C. W. TOMLINSON, Mayor and City Clerk
respectively, of the CITY OF MIAMI BEACH, a municipal corporation
under the laws of the state of Florida, to me ID10wn to be the
persons described in and who executed the foregoing instrument and
duly acknowledged before me that they executed the same for the
purposes therein expressed as the act and deed of said corporation.
IN WITNESS imrnREOF, I have hereunto set my hand and aff~~ed
my official seal at Miami Beach, said County and State, this 7~
day of ~ ' A. D. 195'2..
~".~I"- a. -eJ,l!A () --
Notary Public, Stat of Florida
at Large
My commission expires:
:;'~"'~':"~;1.;~ 2. fl. 101 5'1
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STATE OF FLORIDA: SS
COUNTY OF DADE:
,;' , BEFORE rill, the undersigned authority, personally appeared
EVA OBERHAN, to me well known to be the person described in and who
executed the foregoing, and acknowledged b~re me that she executed
the same freely and voluntarily for the purposes therein expressed.
HITNESS my hand and official seal at Hiami Beach, Dade
County, Florida, this 16th day of January, A. D. 1952.
bi~at
Large
"Ii"::'l1y'",c;:orrrrnission expires:
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S1ate of Florida, County of Dade,
This instrument was filed lor record thL__If.___day ot~
1952 at.2~'--=>-f?c;., and d ' d d' ~ ,...,
. _______..___=~fYI. I UIY recor e In ~
...:1' -~ ~ "m" - ----------=>-
Book..___=::?___________,on Page.~..u_fFile No. BB__~_~ c:; ~&;
E, B. ATHER MAN
erk CI uil Court
BY_~..~_.-'-----~_-D,C
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA