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QD-24-1 Indenture I I 'I I 1: , I , I , ~ I '- '" ., " ):---. (!: ~ J{+j QUIT CLAIM DEED ~ THIS INDENTURE, made this 7- 3 -- day of September" A. D. 1939, between JOHN B. WOFFORD and OLIVE WOFFORD, his wife, of the County of Dade and State of Florida, parties of the first part, and CITY OF MIAMI BEACH, a, munici'pal corporation, or the County of Dade and State of Florida, party of the second part, WITNESSETH: That the said parties of the first part, for and in con- sideration of the sum of Ten Dollars and other good and valuable considerations, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have remised, 'releasedland quit?claimed, and by these presents do remise, re- lease, and quit-claim unto the said party of the second part, its successors and assigns, forever, all the right, title, in- terest, claim and demand which the said parties of the first part have in and to the following described parcel of land, situate, lying and being in the County of Dade, State of Florida, to-wit: '" .; That tract or parcel of land bounded on the north by the notherly line, and said northerly line pro- duced westerly, of Lot One (1), Block Four (4), or the Amended Ocean Front Pr<Dperty of the Miami Beach Improvement Company; I Bounded on the south by the southerly line, and said southerly line produced westerly, of said Lot One (1); Bounded on the east by the westerly line of Collins Avenue; / ./-"7~~ . Bounded on the west by a line described as follows: ~~Ni(.1I~ Be~1nning at a point which is nine and five- tenths t9.5) re~t southerly of the.soutperly li~e ot" the and State or Florida, party or the second part, WITNESSETH: That the said parties of the first part, for and in con- sideration or the sum of Ten Dollars and other good and valuable considerations, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have remised, 'releasedland quit;,-claimed, and by these presents do remise, re- lease, and quit-claim unto the said party of the second part, its successors and assigns, forever, all the right, title, in- terest, claim and demand which the said parties of the first part have in and to the following described parcel of land, situate, lying and being in the County of Dade, State of Florida, to-wit: ~ .; That tract or parcel of land bounded on the north by the notherly line, and said northerly line pro- duced westerly, of Lot One (1), Block Four (4), of the Amended Ocean Front Pr<llperty of the Miami Beach Improvement Company; .; Bounded on the south by the southerly line, and said southerly line produced westerly, of said Lot One (1); -....", Bounded on the east by the westerly line of Collins Avenue; /~ . Bounded on the west by a line described as follows: Be~1nning at a point which is nine and five- tenths t9.5) feet southerly of the southerly line of Hotel Place (now Twenty-fourth (24th) Street), and eight and five-tenths (8.5) feet westerly of · the westerly line of that portion of said Collins Avenue immediately southerly of said Hotel Place (now Twenty-fourth (24th) Street); thence in a general northerly direction along a circular curve deflecting to the right, said circular curve being tangent to a line eight and five-tenths (8.5) feet westerly of and parallel with the westerly line of that portion of said Collins Avenue immediately southerly of said Hotel Place (now Twenty-fourth (24th) Street), and said circular curve having a radius of two hundred seventy-five (275) feet, a central angle of thirty-nine (39) degrees, for a of the first part, for and in con- of the sum of Ten Dollars and other good and valuable considerations, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have remised, 'releasedland quit7claimed, and by these presents do remise, re- lease, and quit-claim unto the said party of the second part, its successors and assigns, forever, all the right, title, in- terest, claim and demand which the said parties of the first part have in and to the following described parcel of land, situate, lying and being in the County of Dade, State of Florida, to-wit: I I -I That tract or parcel of land bounded on the north by the notherly line, and said northerly line pro- duced westerly, of Lot One (1), Block Four (4), of the Amended Ocean Front Prmperty of the Miami Beach Improvement Company; .; Bounded on the south by the southerly line, and said southerly line produced westerly, of said Lot One (1); "'\ ~ Bounded on the east by the westerly line of Collins Avenue; .-:~~.,. /' Bounded on the west by a line described as follows: . Be~inning at a point which is nine and five- tenths t9.5) feet southerly of the southerly line of Hotel Place (now Twenty-fourth (24th) Street), and eight and five-tenths (8.5) feet westerly of the westerly line of that portion of said Collins Avenue immediately southerly of said Hotel Place (now Twenty-fourth (24th) Street); thence in a general northerly direction along a circular curve deflecting to the right, said circular curve being tangent to a line eight and five-tenths (8.5) feet westerly of and parallel with the westerly line of that portion of said Collins Avenue immediately southerly of said Hotel Place (now Twen~-fourth (24th) Street), and said circular curve having a radius of tWD hundred seventy-five (275) feet, a central angle of thirty-nine (39) degrees, for a . l distance of one hundred eighty-seven and nineteen one hundredths (187.19) feet to a point of reverse curve; thence in a general northerly direction along a circula~ curve deflecting to the left having a radius ofJfive hundred ten-(510) feet for a distance of eight (8) feet, more orv1ess, to a point on said northerly line of Lot One (1), Block Four (4), pro- duced westerly. As said Lot, Block, Property, Avenue and Place are shown on the Amended Map of the Ocean Front property of the Miami Beach Improvement Company recorded in Plat Book Five (5), pages Seven (7) and Eight (8) of the Public Records of Dade County, Florida. The premises herewith remised, released and quit-claimed are remised, released and quit-claimed unto the City of Miami Beach for street purposes, and the title thereto shall revert to the parties of the first part, their heirs or assigns, whenever the use of the said premises as and for a street or highway, is discontinued either voluntarily or by operation of law. The map dated May 11th, 1939, by M. N. Lipp, City Engineer, showing proposed re-location of Collins Avenue from 24th Street to 26th Street, in the City of Miami Beach, Florida, is attached hereto and made a part'hereof, and may be referred to herein as the map attached hereto. The Grantors hereby grant the right and privilege to said City of Miami Beach to construct a concrete seawall for the use and benefit of the Grantors westerly of the said above described westerly boundary in such a position that there will be at least as much area between said above described westerly boundary and said seawall as now exists between the present westerly boundary line of Collins Avenue and the present seawall, and the distance between the said above described westerly boundary and said above described proposed seawall measured along the southerly line of said Lot 1 produced westerly shall be not less than thirty-seven feet (37'), and the distance between the said above described westerly boundary and the said above described pr~ posed seawall measured along the northerly line of said Lot One (1) n'r'nnl''''.o.~ UT",....__'__ _'- _,., '---_ northerly line of duced westerly. As said Lot, Block, Property, Avenue and Place are shown on the Amended Map of the Ocean Front property of the Miami Beach Improvement Company recorded in Plat Book Five (5), pages Seven (7) and Eight (8) of the Public Records of Dade County, Florida. , pro- .9-: The premises herewith remised, released and quit-claimed are remised, released and quit-claimed unto the City of Miami Beach for street purposes, and the title thereto shall revert to the parties of the first part, their heirs or assigns, whenever the use of the said premises as and for a street or highway, is discontinued either voluntarily or by operation of law. The map dated May 11th, 1939, by M. N. Lipp, City Engineer, showing proposed re-location of Collins Avenue from 24th Street to 26th Street, in the City of Miami Beach, Florida, is attached hereto and made a part hereof, and may be referred to herein as the map attached hereto. I The Grantors hereby grant the right and privilege to said City of Miami Beach to construct a concrete seawall for the use and benefit of the Grantors westerly of the said above described westerly boundary in such a position that there will be at least as much area between said above described westerly boundary and said seawall as now exists between the present westerly boundary line of Collins Avenue and the present seawall, and the distance between the said above described westerly boundary and said above described proposed seawall measured along the southerly line of said Lot 1 produced westerly shall be not less than thirty-seven feet (37'), and the distance between the said above described westerly boundary and the said above described pr~ posed seawall measured along the northerly line of said Lot One (1) produced westerly shall be ndless than thirty-three feet (33') and the line of said proposed seawall between the end points thereof on the said northerly and southerly lines of the said Lot One (1), produced westerly shall not be east of a straight line drawn between the said end points, and said Grantors also -~- 800K2066 PAGE26 hereby grant the right and privilege to said City of Miami Beach to place fill between said above described westerly boundary and the said above described proposed seawall for the use and benefit 0-J, D&. . ( of the Grantors. ~ .~""'^"-P 11 In consideration thereof, the Grantors hereby agree that no bUilding or structures of any kind shall ever be constructed or placed between the said above described westerly boundary and ! I \ ) -) I the said above described proposed seawall, excepting that fences or walls not exceeding ~ive feet above grade, on, along or immediatE ly inside of the boundary lines, gates, gateposts, landscaping or landscaping improvements, fountains or a pergola, said pergola to be substantially in accordance with the plan thereof hereto at- 'r______. ~, -.~ v/!t.ooW....." -_...-.~...........~~_ _~,...-..... -..,V".....~.......... _ NcJ_ ",. ...;___..... tached and made a part hereOf, shall not~'be construed as bUildings ~.'~'~~~' or structures within the meaning of this restriction. It is understood that the Grantee will not make any assess- ment against the said Lot One (1) for the construction of said proposed seawall, and the necessary filling in of said area east of said proposed seawall, and the Grantee will not make any as- sessment against the said Lot One (1) for the construction and re-location of said proposed Collins Avenue, all as shown by the above mentioned map attached hereto. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, - r~",^<~ I I ) -) \.... L __ In consideration thereof, the Grantors hereby agree that nQ building or structures of any kind shall ever be constructed or placed between the said above described westerly boundary and the said above described proposed seawall, excepting that fences or walls not exceeding ~ive feet above grade, on, along or i~ediate- ly inside of the boundary lines, gates, gateposts, landscaping or landscaping improvements, fountains or a pergola, said pergola to be substantially in accordance with the plan thereof hereto at- '.--------- ~" ~ -v ~~~~...................~~. ~:~Jo, ...'- '''~- ......lolo.... ~"l'_~~. ~""'._ ....01;. ....~~......... tached and made a part hereof, shall not be.. construed as building s ~~,~.~~~' or structures within the meaning of this' restriction. It is understood that the Grantee will not make any assess- ment against the said Lot One (1) for the construction of said I proposed seawall, and the necessary filling in of said area east of said proposed seawall, and the Grantee will not make any as- sessment against the said Lot One (1) for the construction and re-Iocation of said proposed Collins Avenue, all as 'shown by the above mentioned map attached hereto. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said parties of the first part, either in law or in equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN ~~TNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered 0 A.. ~ ~..t . _' in the presence of: ~ I J, ~SEAL). ~1~~?J4\P~S-l,Y~V ~J9JrJ1,ud ~~T @~ ~~.JjSEAL) -3- ~~l~~~ ;,,"1 / J .." .. ~ f") 'J' 4 ( I I <T ,;' ~, "..,,,...$:r'ATE OF .4~ ...,\ '~,' p~ / ~/' \., "\ f, rcOUN"1r:v.'~'" OF L:'.' -~, .:, sf"- =_'"' \ "~,\ r - ~ \,.\'" J ~ I HEREBY CERTIFY that on this da)T personally appeared be- -... ". l... ..' .,;., \... 't "1 ........ ,).". ,/ r',:""..",fp,te me, an officer duly authorized to administer oaths and take If 1{ C acknowledgments, John B. Wofford and Olive Wofford, his wife, f to me well known to be the persons described in and who executed the foregoing deed, and acknowledged berore me that they executed the same freely and voluntarily for the purposes therein expressed. And I further certify that the said Olive Wofford, known to me to be the wife of the said John B. Wofford, on a separate and private examination taken and made by and before me, separately and apart from her said husband, did acknowledge that she executed the foregoing deed for the purpose or relinquishing, alienating and conveying all her right, title and interest, whether dower, homestead or of separate property, $atutory or equitable, in and to the lands described therein, and that she executed the said deed freely and voluntarily and without any compulsion, contraint, apprehension or fear of or from her said husband. ~ WITNESS my hand and official seal at ~ County of- .lj~ YCVvl\ ' State of ~1!siuJ lfS1A'\ ,this the day of September, A. D. 1939. , 7:~/lA My commission expires: ,/ ~ Notary Public, om~ State of ~\ .,. NOTARY PUB1.IL. New York Co. elk, 1116, R~. no-Q.l?C ,~on expire8-Mar~ ~o" l~ ~~" ' -." " J o ~ ~ ~ ~ :. ~-~ '_'~;~y \ I .., ~ .J:,. '0 '-' \~ '-- et:- C.l VJ s c.\ \.1,..\ d \~- ....-o(~ .L."-", ..... >; ~ Q) I> ..... ,., 0 "C- ~ eo Q) 401 '\:SOM If ~. 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