Agreement (2)
,^
aOOK 2612 PAri 587
AGREEMENT
WHEREAS, Devon Hotel, Inc., a Florida corporation, by
Indenture of Mortgage dated September 28, 1945, recorded in the
office of the Clerk of the Circuit Court in and for Dade county,
Florida, on Octooor 1, 1945, under Clerk's File No. U-60702,
I granted and conveyed unto John F. Jennings and Carolynne R. Jen-
nings, his wife, their heirs and assigns, the premises therein
particularly described, to secure the payment of Eighty-five Thous
and and nO/100 ($85,000.00) Dollars, with interest as therein
mentioned, the fee simple title in and to the said premises now
being vested in Hazel J. Zabel and a ninety-nine (99) year lease
upon said premises containing an option to purchase being vested
I in Lonsdale B. Green and Dorothy B. Green, his wife, and Max W.
Zabel and Hazel J. Zabel, his wife; and
WHEREAS, Henrietta Osborne, by an Indenture of Mortgage
dated the 1st day of April, 1946, and recorded in the office of
the Clerk of the Circuit Court in and for Dade County, Florida,
in Mortgage Book 1644, page 440, of the Public Records of' Dade
County, Florida, granted and conveyed unto Milton Braunstein and
Helen Braunstein, his wife, their heirs and assigns, the premises
therein particularly described, to secure the payment of the sum
of Twenty-three Thousand Five Hundred and nO/lOO ($23,500.no) Dol-
lars, with interest as therein mentioned, said mortgage having bee
assigned to and now being held by John F. Jennings and Carolynne R
I
I Jennings, his wife, and the fee simple title in and to said prem-
I
ises now being vested in Hazel J. Zabel and a ninety-nine (99)
year lease in Lonsdale B. Green and Dorothy B. Green, his wife, an
II Max W. Zabel and Hazel J. Zabel, his wife; and
WHEREAS, the said Lonsdale B. Green and Dorothy B. Green
his wife, and Max W. Zabel and Hazel J. Zabel, his wife, have
heretofore requested the said John F. Jennings and Carolynne R.
Jennings, his wife, to release a portion of the premises described
and set forth in the hereinabove mortgages from the lien and opera
tion of the said hereinabove described mortgages, and the said
BOOKt:B12 ~~GE588
i
John F. Jennings and Carolynne R. Jennings, his wife" have executedl
and delivered such partial releases of mortgage liens; and
WHEREAS, that portion of the premises released from said
mortgages has been conveyed to the City of Miami Beach" Florida,
for street use in consideration of the abandonment by the said Cit
of Miami Beach, Florida, of its right to use for street purposes
the real estate hereinafter described;
NOll THEREFORE, the said LtlNSDALE B. GREEN and DOROTh~ B.
GREEN, his wife" and ~~X W. ZABEL and HAZEL J. ZABEL, his wife"
have, and in consideration of the said partial releases of mort-
gages" and in further consideration of the sum of Ten (~)lO.OO)
Dollars to them in hand paid by the said John F. Jennings and the
said carolynne R. Jennings" his wife, the receipt whereof is hereb
acknowledged" do hereby grant" bargain, sell, alien" remise" re-
lease, convey and oonfirm unto the said John F. Jennings and Caro-
lynne H. Jennings" his wife, their heirs and assigns, in fee simpl ,
all that certain tract of land of which said Lonsdale B. Green and
Dorothy B. Green" his wife" and Max W. Zabel and Hazel J. Zabel"
his wife" are now seized and possessed, a.nd in actual possession"
situate in Miami Beach, Dade county" Florida, described as follows
I
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Beginning at a point which is on the westerly
line of Block "K", and which is the beginning
point of curvature of the circular curve at the
southerly end of said Block "K" of the Corrected
Plat of Atlantic Heights Subdivision; thence
southerly along said westerly line of Block "K"
produced southerly a distance of 56.11 feet to
a point of curvature; thence southerly, easterly
and northerly along a circular curve having a
radius of 5 feet, more or less, to a point of
tangency on the easterly line of said Block "K"
produced southerly" said point of tangency being
56.11 feet southerly of the point of tangency of
said circular curve at the southerly end of Block
"K", and said point of tangency being on the eas-
terly line of said Block "K"; said 56.11 feet
being measured along ~he said easterly line of
Block "Kft" produced southerly; thence 56.11 feet
northerly along said easterly line of Block UK"
produoed southerly to said point of tangency of
the circular curve at the southerly end of Block
filCH; thence southerly, westerly and northerly
along said circular curve at the southerly end
of Block "K" to the point of beginning, as said
Plat is recorded in Plat Book 9, page 14" of the
Public Records of Dade County, Florida.
- 2 -
8001\2612 PAGE589
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ii TO H.A \lE AND TO HOLD the hereinabove de s c1"'1 bed rea 1 est a te
il I
II I
II as fully, and for all purposes as though the hereinabove described
II real estate had originally been described and set forth in the
Ii hereinabove described mortgages and subject to the lien and opera-
!
tion thereof as fully as though the same had been set forth and
described in the said mortgagese
PROVIDED, ALWAYS, HONEv~R, That if those certain promis-
sory notes described and set forth in the mortgages hereinabove
described shall be paid in full, and if the agreements and condi-
tions of said promissory notes and said mortgages are complied
with and abided by, then this agreement and the estate created
hereby shall cease and be null and void.
IN WITNESS WHEREOF, the said Lonsdale B. Green and Dorot'y
B. Green, and the said Max w. Zabel and Hazel J. Zabel" his wife,
have hereunto set their hands and seals the //zfj d8,y of ;t?4.cp.m,J~r'
,
A. D. 1951.
Signed, sealed and delivered
in the presence of:
( SEAL
(SEAL
~
As to Lonsdal B.
Dorothy B. Green
J, p e~ .
,f~1.-~-f~
s to Max W. Zabel and
Hazel J. Zabel
- :5 -
c;,~1~ e:gO
BOOKt.:.O t:, PAG~ ~ ·
STATE OF ~7/4I~
COill\TTY OF P;t:L cI f1--
SS
I HEREBY CERTIPY that on this day personally appeared before
me, an officer duly authorized to a~~inister oaths and take acknowledg-
ments, LONSDALE B. GREEN and DOROTHY B. GREEN, his wife, to me well
known to be the persons described in fu~d who executed the foregoing
agreement, and they acknowledged before me that they executed the same
for the purposes therein expressed.
IN '\I'lITNESS \-lHEREOF, I have hereunto set my hand and official
seal at L!p,;.m/' /.1(Z.~c~ County
..~d:titf
,,'-~~:~s~~~.~~~vr~ day of ~e.CfZ,m~lr/
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~y~~~~mmission expires:
of ~ t:A- <t' a..
A. D. 1951.
, State of ffi/;/a.
,
~~~~d~
~, Notary PUb~~r/~~_
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COU1iJTY 017
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tA-+It.
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SS
State of florida,Col!~~Y ~.1J3~. t, ./ ' -~Er:~
- This-in~n..~ent WaS-;i:r.~ l,or"'I,,,rie~ord t.~n..;,.___.---~~-_.~:- .
1952 a~~~.~?~.M. an 1 :J:,l recor ~e: ,n~'_'__~-~-~'~Tu~~-
Boole:?~_L~n Pa6e__.hh~ZFI,C No. 13B Lc......2.'Y
E. B. LEA1H'ERMAN
Clerk Cirwii COlfrt
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SS?ATE OF
.
.
I HEREBY CERTIFY that on this day personally appeared
before me, an officer duly authorized to a~1inister oaths and tllire
acknowledgments, }~ W. ZABEL and HAZEL ZABEL, his wife, to me well
la10wn to be the persons described in and who executed the foregoing
agreement, and they aclmowledged before me that they executed the
same for the purposes therein expressed.
II
day of
my hand 8.l~d offi-
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,
IN WI~~ESS vIT1EREOF, I have hereunto set
cial seal ~';IAJ
State of_ ~, , this
, Connty of
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/ Notary Public, State o~ ~
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA