Opinion on Abstract
'.
Opinion on Abstract of Title prepared by Dade County
Title Insurance & Trust Company under certificate No. 85035,
comprising entries numbered 1 to 202, inclusive, and covering the
period of time extending from the Beginning to and including
August 5, 1929 at 8:00 A. M.; and continuation thereof prepared by
the same company under Certificate No. 86110, comrising entries
numbered 1 to 16, inclusive, and covering the period of time
extending from August 5, 1929 at 8:00 A. M. to and including December
30, 1929 at 8:00 A. M.; and continuation thereof prepared by Florida
Title Company under Certificate No. 181148, comprising entries
numbered 1 to 3, inclusive, and covering the period of time
extending from December 30, 1929 at 8:00 A. M. to and including
April 6, 1933 at 8:00 A. M.; and continuation thereof prepared by
the same company under Certificate No. l8~356, comprising entries
numbered 1 to 2, inclusive, and covering the period of time
extending from April 6, 1933 at 8:00 A. M. to and including April
28, 1933 at 5:00 P. M.; and continuation thereof prepared by Miami
Beach Abstract & Title Company under Certificate No. 3357, comprising
entries numbered 1 to 6, inc~usive, and covering the period of time
extending from April 28, 1933 at 5:00 P. M. to and including December
12, 1934 at 8:00 A. M.; and continuation thereof by the same company
under Certificate No. 3580, comprising one entry only, and covering
the period of time extending from December 12, 1934 at 8:00 A. M.
to and including March 15, 1935 at 8:00 A. M.
AND ALSO
Abstract of Title prepared by Florida Title Company
under Certificate No. 212941, comprising entries numbered 1 to 7,
inclusive, and No. I-A, and covering the period of time extending
from March 15, 1935 at 8:00 A. M. to and including August 7, 1942
at 8:00 A. M.; and continuation thereof prepared by the same company,
under Certificate No. 213034, comprising entries numbered 1 to 2,
inclusive, and covering the period of time extending from August 7,
1942 at 8:00 A. M. to and includigg September 10, 1942 at 8:00 A. M.;
and continuation thereof prepared by the same company ~der Certificate
No. 213043, comprising entries numbered 1 to 5, inclusive, and covering
the period of time extending from September 10, 1942 at 8:00 A. M.
to and including September 12, 1942 at 8:00 A. M.; and continuation
thereof prepared by Lawyers Title Insurance Corporation, under
Certificate No. 12381, comprising entries numbered 1 to 9, inclusive,
and covering the period of time extending from September 12, 1942
at 8:00 A. M. to and including June 19, 1953 at 8:00 A. M.; and
continuation thereof prepared by the same company under Certificate
No. 12896, comprising entries numbered 1 to 9, inclusive, and cover-
ing the period of time extending from June 19, 1953 at 8:00 A. M.
to and including August 10, 1953 at 8:00 A. M.; and continaation
thereof prepared by Miami Title & Abstract Co. under Certificate
No. 173377, comprising entries numbered 1 to 6, in~tu~tv~, ~nd covering
the period of time extending from August 10, 1953/to and including
April 23, 1956 at 8:00 A. M.; and continuation thereof prepared by
the same company under Certificate No. 175052, comprising entries
numbered 1 to 5, inclusive, and covering the period of time extending
from August 23, 1956 at 8:00 A. M. to and including June 1, 1956 at
8:00 A. M.; and continuation thereof prepared by Dade Commonwealth
Title Insurance Company under Certificate No. 320824, comprising
entries numbered 1 to 11, inclusive, and covering the period of
time extending from June 1, 1956 at 8:00 A. M. to and including
September 5, 1962 at 8:00 A. M.; purporting to delineate the title
in and to that certain parcel of land situate in Miami Beach,
Dade county, Florida, and described as follows, to wit:
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L
",
Lot 7 in Block 50-A, of LINCOLN
SUBDIVISION, according to the
plat thereof, recorded in Plat
Book 9, at page 69 of the public
records of Dade County, Florida.
From an examination of the above described abstracts
of title and basing my opinion solely upon the same, I am of the
opinion that at 8:00 A. M. on the 5th day of September, 1962,
the fee simple title in and to the above described land was
vested in:
HERMAN MACK and SADlIlE
MACK, his wife
SUBJECT, nevertheless, to the following:
1. The restrictions contained in that certain warranty deed
from the Alton Beach Realty Company to Miami Beach Properties,
Inc., dated August 11, 1925 and recorded in Deed Book 738, page
38 of the public records of Dade County, Florida, which provide
that a residence on the lot must cost at least $7500.00; plans
and specifications must be approved by the grantors; buildings
are limited to one residence and one private garage and one apartment
house on each lot; no building shall be closer than fifteen feet
from the front line or closer than five feet from the rear or side
line; if a garage is erected, it must be on the rear of the lot and
not less than five feet from the rear and side lines; an easement
is reserved over a strip five feet wide in the rear of the lot for
the use of wire lines, pipe lines, sewers and other municipal and
public utility facilities; the property is not to be sold, leased
or rented to any person other than of the Caucasian race nor to a
corporation of which any person other than of the Caucasian race
is a stockholder.
2. Questions of survey; rights of parties in possession; zoning
ordinances of the City of Miami Beach, Florida and taxes for the
year 1962.
3. possible mechanics' liens for labor performed or material
furnished on or about the premises during the ninety day period
immediately preceding September 5, 1962 at 8:00 A. M.
Prepared for:
ci ty of Miami Beach
October 30, 1962
by: Ben Shepard
Examining Attorney
(See attached supplemental opinion)
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SUPPLEMENTAL OPINION
since writing the above opinion, the above mentioned
abstract has been continued by Miami Beach Abstract & Title Co.
under its certificate No. 36603, comprising entries numbered 1
and 2, and covering the period of time extending from September 5,
1962 at 8:00 A. M. to and including April 18, 1963 at 8:00 A. M.
Nothing in this continuation makes necessary any changes
in the foregoing opinion.
Examining Attorney
Prepared for: City of Miami Beach
April 23, 1963
by: Ben Shepard, Examining Attorney
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