Abstract
In order to determine whether or not the
City of Miami Beach, if, as and when it becomes the owner
of the easterly portion of Lot 19, Block 54, FISHER'S
FIRST SUBDIVISION OF ALTON BEACH, according to the plat
thereof, recorded in Plat Book 2, page 77 of the public
records of Dade County, Florida, will become possessed of
an easement over a twenty foot strip extending from the
easterly line of said Lot 19 to Collins Avenue, I have
examined Abstract of Title prepared b~ Federal Title and
Insurance Corporation under its Certificate No.187171,
comprising entries numbered 1 to 218 inclusive, covering
the period of time extending from the Beginning to April 1,
1957, at 8: A. M., purporting to delineate the title in
and to that certain parcel of land situate in Miami Beach,
Dade County, Florida described as follows:
The North Half of Lot 4, in Block
54 of FISHER'S FIRST SUBDIVISION
OF ALTON BEACH, according to the
plat thereof, recorded in Plat Book
2, page 77 of the public records
of Dade County, Florida.
The abstract reveals that Betty Roney Fitzpatrick
was the owner of the fee simple title to the lands covered
by the leases and deeds hereinafter referred to at the time
she executed such leases and deeds. The abstr'uct shows that
on December 15, 191+-5, Betty Roney Fi tzpatr'ick leased to
Lincoln-Collins Corporation, a Florida corporation, certain
lands includIng IIthat part of the North Half of Lot 4 lying
east of the southerly extension of the west line of
Lot 811, and in the le<ase asserted ownership of various lands
in Fisher's First Subdivision, among which was Lot 19 of Block
54, said lease being recorded in Deed Book 2600, page 459
of the public records of Dade County, Florida. The abstract
reveals that in this lease the Lessee, Lincoln-Collins Cor-
poration gave to Betty Roney Fitzpatrick, her heirs, devisees
and assigns, a perpetual easement over the southerly twenty
feet of that pa'G of the North Half of Lot 4 lying east of
the southerly extension of the west line of Lot 8 as an
appurtenant to the lands still owned by Betty Roney Fitzpatrick
as aforesaid.
The abstract shows that Betty Roney Fitzpatrick
entered into a lease to Lincoln-James Properties, Inc.,
dated March 1, 1946, recorded in Deed Book 2658, page 418
of the public records of Dade County, Florida, and covering
portions of Lots 4, 5, 6, 9, 10 and 11. Although not shown
by the abstract, an examination of the public record of this lease
reveals that in the lease, Betty Roney Fitzpatrick set forth
that she owned the east five feet of the south fifty feet
of Lot 9, together with an additional five foot strip extended
across the north half of Lot 4, and granted to the Lessee
an easement over this strip.
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Although not shown by the abstract, an
examination of the public record of the said lease
between Betty Roney Fitzpatrick and Lincoln-James
Properties, Inc. also reveals that the Lessee granted
to the Lessor an easement over the south twenty feet
of the land covered by the lease. This twenty feet
of land over which the easement was given is bounded
as follows:
Bounded on the south by the
southerly line of the South Half
of Lot 4; bounded on the west by
a line paraJlel to and five feet
westerly of Ghe dividing line
between Lots 10 and 11 extended;
bounded on the north by the northerly
line of the South twenty feet of the
north half of Lot 4; bounded on the
east by a line parallel to and five
feet westerly of the dividing line
between Lots 8 and 9, extended.
The abstract shows that by warranty deed
dated June 25, 1952, recorded in Deed Book 3622, page
52 of the public records of Dade County, Florida, Betty
Roney Fitzpatrick conveyed to Melba Realty Corporation
parts of Lots 10 and 11, and in the deed granted an
easement over a five foot strip, a portion of which is
bounded as follows:
Bounded on the west by a line parallel
to and ten feet westerly of the dividing
line between Lots 10 and 11, extended;
bounded on the soulih by the southerly
line of the north half of Lot 4; bounded
on the east by a line parallel to and five (5)
feet westerly from the dividing line
between Lots 10 and 11, extended; bounded
on the north by the north line of the
south twenty (20) feet of the north half
of Lot 4.
Betty Roney Fitzpatrick, by a ninety-nine year
lease dated May 8, 1951, recorded in Deed Book 3495, page
566 leased to 300 Lincoln Road, Inc. portions of Lots 11,
12 and 13, as well as the northerly 24.99310f the westerly
69.97' of the north half of Lot 4. Although not shown by
the abstract, an examination of the public records
reveals: that in the lease t:he Lessee granted to the
Lessor, her heirs, persona} representatives or assigns,
an easement over the south 20' of the portion of Lot 4
covered by the lease, and the lease recites that "said
20' easement to extend from the east line of Lot 19, Block
54 of said Fisher's First Subdivision, herein more specifically
referred to, to the west line of the lands heretofore
leased to Lincoln-James Corporation by lease recorded in
Deed Book 2658, at page 418 of the public records of Dade
County, Florida".
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By "Declaration as to Permanent Easements",
dated June 24, 1952, recorded in Deed Book 3622, page 49,
Betty Roney Fitzpatrick declared that it was her purpose
and intent to create a permanent easement over the south
20' of the north half of Lot 4, extended from the west line
of Collins Avenue through the east line of Lot 19, Block 54,
for her benefit and use, and all persons claiming by, through
or under her, in connection with any lands in Block 54.
Although not shown by this abstract, an
examination of the public records reveals that by
warranty deed dated September 27, 1954, filed for record
on October 4, 1954, under Clerk's File No. DD-125707,
Betty Roney Fitzpatrick conveyed to Miami Beach Federal
Savings and Loan Association Lots 19, 20, 21 and 22
"together with the right of ingress and egress to and
from Collins Avenue and the rear of Lot 19 hereinabove
described over and across that certain 20' alleyway
running from the east side of Lot 19 to Collins Avenue".
I understand that the identical language which I have
quoted would appear in the deed from the Miami Beach
Federal Savings and Loan Association to the City of Miami
Beach.
It is my opinion, therefore, that the City
of Miami Beach, when it takes title to the easterly portion
of Lot 19 by a warranty deed from the Miami Beach Federal
Savings and Loan Association containing the quoted provi,sion,
will become possessed of an easement over a 20' strip
extended from the easterly line of Lot 19 to Collins Avenue,
although I do not believe it was ever contemplated that the
easement would be subjected to such an unusual burden as would
be created by its use as an exit from a parking lot.
Respectfully submitted,
) . .i/'
0fU~dLA
Examining ttorne J
Prepared by Ben Shepard
for City of Miami Beach
April 29th, 1957
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