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DD 30 E SEF c. ,>1. TomUnson, C 1_1' Clerk Very _ruly yours, Dear Mr. Leatherman: Enolosed herewith is Deed of Dedication dated January 9th, 1950, betweCl Leah Swede Steinfeldt and City of }~ami Beaoh Which kindly place of record after affixing State documentary stamps in the amount of 10~. Kindly 1)i11 the City of l1iami Beach tor your reoord- ing tees. Block 3, Ron. E. 13. Leatherman Clerk CiJ'ouit C~ Court House Miami 30, Florida Re: Easterl1' 30 ft. Lots 22 and 23. Second Ooean Front Subdivision. June 26, 19S1 ~.ac -E -~......--'- JuDe 2~t 19;.1 Mrs. Leah SWede Steinfeldt 8611 Collins Avenue Miami Beach, Florida Dear Mrs. Steinteldta Please tindenclosed herevith a deed trom tM 'h'ustees of the Interaal Improvement Pund ot the state ot Florida which oonv.,.to you the parcel or submerged lands lying adjacent to your Lots 22 and 23, Blook 3, Second Ocean Front ~bdiv1s1on, which has been rUled and bulkheaded by the oity. 'l'h1s deed 1s delivered. to you pursuant to your agree_.t with the city dated Ja.nuary 9, 19,0 which provided that the oity was to procure without cost to you a deed for this submerged tract. Pursuant to the terms of the agreement I am tUing for record a deed of dedioation executed by you and cove~1ng the easterly 30' of Lots 22 tnd 23. My QffJ.oe has heretofore notified you of the lien which was acquired:by the city in connection with this bulkhead1ng. Very truly yours, C. W. 'l'o18linson City Clerk CWTaODl Encl. gn."L' q....)O 900K ~ ~/)1jJ ~\\CF.) ( tJ THIS AGREEMENT, Made and entered into this I~ day o~ January A.D. 1950, by and between LEAH SWEDE STEINFELDT, (Formerly Leah R. Swede) a Free Dealer, Party of the first part, hereinafter referred to ,as the "Owner", and the CITY OF MIAMI BEACH, a Florida Municipal Corporation, Party 01' the Second part, herein- a~ter referred to as the "City", WIT N E S S B T H : WHEREAS, the "Owner" is the owner o~ 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-two (22) and Twenty-three (23) of Block Three (3) o~ SECOND OCEM~ }~ONT SUBDIVISION, according to the Amended Plat thereof, recorded in Plat Book 28, at page 28, of the Public hecords of Dade County, Florida; and WKEHEAS, 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 o~ the public, an easement across OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA ",,)'16 3QO 8001\ t.') ~,) PAGE, (j 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" has indicated his willingness to dedicate to the public for street and sidewalk uses, said strip or land, in consideration of the filling, by the "City", at the "City's" expense, of a tract of submerged land now lying westerly of and adjacent to the lands hereinbefore descrioed, equal in depth and area at least to the depth and area of the strip of land to be requiri3d by the "City" for the street and sidewalk 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 WHEHEAS, it is desired by the parties hereto that the full cost of the construction of the-seawall or bulk- head, hereinberore referred to, shall be met in the first instance by the "City" and t hat 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", OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA PnOIf~3~):~C. ""'F'JQ1 u,_ r\- "GI___?tJ L';;U_~J~,--",I.L 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 "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. 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 writing, 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 "Owner" 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 'rwenty(20), Block 'l\hree (3), Amended Plat of Second Ocean J:'\ront Subdivision, according to plat thereof recorded in Plat Book Twenty-eight (28), Page Twenty-eight (28) of the Public Hecords of Dade County, l<'loriOO, 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 extensionof the northerly line of Lot Twenty-three (23) of said block Three (3), said point being thirty-one (31) reet westerly of the westerly line or said Block Three (3); bounded on the southerly side by the westerly extension of the southerly line of Lot Twenty-two (22) of said Block Three (3) to its intersection with the above described westerly boundery, said point of intersection being thirty-one (31) 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 Twenty-three (23) to its intersection with the above described westerly boundary, said point of intersection being thirty-one (31) 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 said City Clerk shall make such disposal of said Deed of Dedication as shall be directed by the City Manager of said City. OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA ";',;'''6 Q'H) BCOV ,)~.) "AGE 'JO,.:.! 3. The II Owner II hereby waives any and all irregu- larity and defects in the various proceedings incidental to the assessing of the ltOwnerls" property (including additions made by bulkheading and filling but excluding the part thereof to be used for street purposes as herein contemplated) and the IIvwnerlt waives any and all objections to the legality of the assessment herein provided for, and the power and authority of the ltCitylt to make such assess- ment, and the "Vwner" 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 llUwnerlt agrees that 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 ltOwnerlslt property (including additions made pursuant to the plan above set forth and excluding the portion thereof to be used for street and sidewalk purposes), and said assessment lien of the ltCitylt 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 agreel'lent, with- out any other thing or act whatsoever, 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 ltCitylt, either by its own personnel or by independent contractor, at the option of the ltCitylt. 4. The pro-rata cost of bulkheading which shall be assessed against the ltVwnerlslt 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 ltUwnerlt shall have the option to pay the entire assessment together with accrued interest, OFFICE OF CITY ATTiJRNEY - CITY HALL - MIAMI BEACH 39, FLORIDA '301(.: ",0" 'lQ.n BOOV ~ ~~)~) i~l\~t') c,,,,) at any time; provided, however, that the principal amount or such assessment shall not exceed the sum of :~35.00 per lineal foot of bulkhead. 5. The amount to be assessed against "Owner's" property for said bulkheading shall be fixed and determined substantially in the manner set forth in the Charter of the UCity" to the end that each property owner shall oear no more than a just share of the cost of improvement 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 "Cit;)'" agrees that the rull cost of paving, sidewalks and street lighting will be borne by the "City". 7. If any part of the land described in the Deed of Dedi- cation deposited as above recited shall be entered upon by the "City"and work shall be commenced for the purposes of widening Indian Creek Drive, then the City shall be obligated to complete the same and to carry forward to completion the work of bulkhead- ing and filling to the west of "O\mer'S" land as conte1plated hereby. 8. The right of the City to assess the cost of bulkheading as herein contemplated against the "Owner's" land shall not be dependent upon the beginning or completion of the work of widen- ing Indian creekJri ve, but if the "aityll commences the work of bulkheading and/or fj,llinc; on the ground as herein c ont empla ted, 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's" property as herein contemplated. 9. The filling and bulkheading herein contemplated shall be substantially completed not later than June 1, 1950. OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 3",,)/. ~~ pn,_f,'l,I,' '!-',"", !,'''l>, _, c..}' <:;tM.:.c4 10. If the rilling and bulkheading herein contemplated shall not have been substantially completed by t he date mentioned in Paragraph 9 above, then the "Owner" shall have the right to withdraw the Deed of Dedication deposited as above recited with 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 grcund, the llCityll 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 f,orth to the "Owner" whereupon this agreement shall be at an end and there shall be no liability on the part of the "City" to the "Owner". 12. After June 1, 1950, this agreement shall in any event be at an end and the llCity's" right, title and interest in the lands above described shall rest and depend solely upon the Deed of Dedication hereunder, provided the IICity" 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 with notice hereof or of any claim or in- terest in said lands by virtue hereof on the part of said "City" and thereafter all persons dealing with the "Owner" relative to the "Owner'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 "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 "City" agrees that it will execute ~d deliver any further document deemed necessary by the "Owner" for the purpose of relinquishing any rights acquired hereby, in the event the work herein contemplated is not undertaken by the "City", OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA ""'~)' ... ~(' ,-) / ).- BOOf( ::),.,.' ')0 o/\GE ;)M:J provided that one blanket document shall be deemed sufri- cient for all "Owner's" in the event such should become proper by reason of the "City's" failure to do the work cont empla ted. 13. "0wner'sll property which .is to be used for street and sidewalk purposes is described as follows: The easterly thirty (30) feet) of Lots Twenty- two (22) and Twenty-three (23) of Block Three (3 of the SECOND OCEAN FRONT SUBDIVISION, according" to the Amended Plat thereof, recorded in Plat Book 28, at page 28, or the Public Records of Dade County, Florida, the above mentioned thirty (30) feet being measured at right angles to the westerly line of Harding Drive, as shovm on said Plat, (now Indian Creek Drive). 14. 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 12 hereof. IN WITNESS WHEREOF, the several parties have here- ~ unto set heir respective hands and seals as of the ~_-- da y of ~i A.D. 1950. ~ (Seal) (Seal) o~ MIMj:d( . Mayor By_ ,,",7\ it,-,." ~' ",Attest: (~/.A) .~:fI....J" ( '., City Clerk \- .,",,,.' .... ,. ,~, (' "l OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA 3n;llC 30(' BODY, ,;;:.."50 "AGt; D\) ~ . > . " . " . . STATE OF FLORIDA . . ss ' COUNTY OF DADE I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LEAH ffilTEDE STEHjFELDT (formerly Leah R. Swede), a Free Dealer, to me well known to be the person described in and who executed the foregoing instrument, and acknowledged before me that she executed the same freely and volun- tarily for the purposes therein expressed. WITNESS my hand and offj,cial seal at Miami Beach County of Dad,~ and r~ day of -Fl 1- Notary My commission expires: Y/~YSI state of Florida /?Sl> . A. D. l?~. , this " .,.,.::.:.:..::<::/:\ , '.J .. ,- . '1" " "" , ; .,~: I Ii'^...... ' ./ ,',"',., ... :- : · . r " .(4: it- " .j ;/ -Ii ,t-, \ . :.\.. 't .10, ... , State of r!or~_~" r:: ,.".!,'/ ,..~ L::--Je. T1911:~Oil1:t~: /~~ J a...... . . ' Book...i~oi', t. .". ~'" 'f 5T~ , p&-L-~ ? //?/ ~ du;y :' s.~ ~,7 e;;;... r, r. "h _~._ ,../__11".., Ckf~\ l:il'"~H E. c. L.EJ,:r BY")' :J~u, -4:1::........, ''''''(j .D,r:.