Opinion of Title 04
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OPINION OF TITLE
Property:
THE CITY OF MIAMI BEACij
The Southerly 25 feet of Lot 12 and the Southerly
25 feet of Lot 17, both being in Block 10 of OCEAN
SIDE SECTION, ISLE OF NORMANDY, according to the
Plat thereof, recorded in Plat Book 25, Page 60 of
the Public Records of Dade County, Florida,
FOR:
and
The Southerly 25 feet of Lots 13, 14, 15, 16, 18,
19, 20, 21, all being in Block 10 of Second Re-
vised Plat of Portions of OCEAN SIDE SECTION and
TROUVILLE SECTION of ISLE OF NORMANDY, according
to the Plat thereof, recorded in Plat Book 40,
Page 35 of the Public Records of Dade County, Flor-
ida.
I HAVE EXAMINED the abstracts of title covering the
above captioned property, which abstracts contain the following
entries:
As to Lot 12:
Entries 1 to 45 inclusive, prepared by Dade County
Abstract, Title Insurance and Trust Company, bearing Certifiuate
No. 70326, covering that period of time extending from the
Beginning to December 14, 1926 at 8:00 A. M.
Entries 1 to 17 inclusive, prepared by Florida Title
Company, bearing Certificate No. 221389, covering that period of
time extending from December 14, 1926 at 8:00 A. M. to November
17, 1944 at 8:00 A. M.
Entries 1 to 4 inclusive, prepared by Dade-Common-
wealth Title Insurance Company, bearing Certificate No. 145765,
covering that period of time extending from November 17, 1944 at
8:00 A. M. to April 11, 1945 at 8:00 A. M.
Entries 1 to 5 inclusive, prepared by Dade-Common-
wealth Title Insurance Company, bearing Certificate No. 150161,
covering that period of time extending from April 11, 1945 at
8:00 A. M. to December 21, 1945 at 8:00 A. M.
Entries 1 to 6 inclusive, prepared by Miami Beach
Abstract and Title Company, bearing Certificate No. 12951, cover-
ing that period of time extending from December 21, 1945 at 8:00
A. M. to January 19, 1946 at 8:00 A. M.
Entries 1 to 4 inclusive, prepared by National Title
Insurance Company, bearing Certificate No. 99931, covering that
period of time extending from January 19, 1946 at 8:00 A. M. to
October 6, 1952 at 8:00 A. M.
As to Lots 13 & 14:
Entries 1 to 61 inclusive, prepared by National Title
Insurance Company, bearing Certificate no. 66720, coverin~ that
period of time extending from the Beginning to May 25, 1946 at
8:00 A. M.
WEINSTEIN,WEINSTEIN & WEINSTEIN, ATTORNEYS AT LAW, 420 LINCOLN ROAD~ MIAMI BEACH. FLORIDA
As to Lots 15 & 16:
Entries 1 to 60 inclusive. prepared by National Title
Insurance Company. bearing Certificate No. 66721. covering that
period of time extending from the Beginning to May 24. 1946 at
8:00 A. M.
As to Lots 17 & 18:
Entries 1 to 62 inclusive. prepared by National Title
Insurance Company. bearing Certificate No. 66722, covering that
period of time extending from the Beginning to May 24, 1946 at
8:00 A. M.
As to Lots 19 & 20:
Entries 1 to 61 inclusive, prepared by National Title
Insurance Company, bearing Certificate No. 66723, covering that
period of time extending from the Beginning to May 24, 1946 at
8:00 A'. M.
As to Lots 13 - 21:
Entries 1 to 15 inclus1v.e,;prepared by Dade-Common-
wealth Title Insurance Company, bearing Certificate No. 207735,
covering that period of time extending from May 25, 1946 at 8:00
A. M. as to Lots 13 & 14 and covering that period of time ex-
tending from May 24, 1941 at 8:00 A. M. as to Lots 15, 16. 17,
18. 19, 20, 21, to September 4. 1952 at 8:00 A. M.
As to Lots 12 - 21:
Entries 1 to 12 inclusive. prepared by Miami Beach
Abstract and Title Company. bearing Certificate No. 20460.
covering that period of time extending from October 6, 1952 at
8:00 A. M. as to Lot 12, and covering that period of time ex-
tending from September 4, 1952 at 8:00 A. M. as to Lots 13, 14.
15, 16, 17. 18, 19. 20, 21, to March 16. 1953 at 8:00 A. M.
This includes a section by Miami Beach Abstract and Title Company
covering Lot 21 from April 16, 1939 at 8:00 A. M. to May 24.
1946 at 8:00 A. M.
AND FROM SUCH EXAMINATION, I find that on the 16th
day of March, 1953, at 8:00 A. M.. the fee simple title to the
aforesaid property was vested in:
POLLY DAVIS, a widow,
by virtue of the following:
a. Warranty Deed dated September 30, 1952, made by
Dave Alper and Mary Alper, his wife, conveying an undivided one-
half interest in Lots 13. 14. 15, 16. 17. 18, 19, 20 & 21. and
recorded on October 2, 1952 in Deed Book 3656 at Page 72 of the
Public Records of Dade County, Florida.
b. Warranty Deed dated September 30. 1952. made by
George P. Jacobs and Lyda M. Jacobs, his wife, conveying an un-
divided one-half interest in Lots 13. 14, 15, 16. 17, 18. 19.
20 & 21, and recorded on October 2, 1952, in Deed Book 3656 at
Page 74 of the Public Records of Dade County, Florida.
c. Warranty Deed dated October 15, 1952, made by
Theodore Kahan and Rose Kahan, his wife, conveying an undivided
one-half interest in Lot 12. and recorded on October 22, 1952, in
Deed Book 3664 at Page 162 of the Public Records of Dade County,
Florida.
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WEINSTEIN, WEINSTEI N & WEINSTEIN, ATTORNEYS AT LAW. 420 LINCOLN ROAD. MIAMI BEACH, FLORIDA
d. Warranty Deed dated October 16, 1952, made by
I. Abrams and Pauline F. Abrams, his wife, conveying an undivided
one-half interest in Lot 12, and recorded on October 22, 1952,
in Deed Book 3664 at Page 164 of the Public Records of Dade County,
Florida.
SUBJECT, HOWEVER, to the following liens, defects,
impairments and requirements:
1. Mortgage given by Polly Davis, a widow, to Dave
Alper, dated October 1, 1952, and recorded on October 2, 1952,
in Mortgage Book 2745 at Page 325 of the Public Records of Dade
County, Florida, encumbering Lots 13, 14, 15, 16 & 17, and se-
curing an indebtedness in the sum of $21,250.
2. Mortgage given by Polly Davis, a widow. to George
P. Jacobs, dated October 1, 1952, and recorded on October 8,
1952, in Mortgage Book 2749 at Page 276 of the Public Records of
Dade County, Florida, encumbering Lots 18, 19, 20 & 21, and se-
curing an indebtedness in the sum of $21,250.
3. Mortgage given by Polly Davis, a widow, to I.
Abrams and Pauline F. Abrams, his wife, and 1heodore Kahan and
~se Kahan, his wife, dated October 20, 1952, and recorded on
~ ~:tober 22, 1952, in Mortgage Book 2757 at Page 452 of the Public
Records of Dade County, Florida, encumbering Lot 12, and se-
curing an indebtedness in the sum of $4500.
j//
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4. Conditions, restrictions and limitations of record
as contained in that certain warranty deed dated December 20,
1926, made by Normandy Beach Properties Corporation, a corpor-
ation of Massachusetts, to Elmer E. Bird, conveying Lot 12 in
Block 10 and recorded on January 20, 1927 in Deed Book 876 at
Page 474 of the Public Records of Dade County, Florida. A copy
of said restrictions is attached hereto.
5. Reservation by the Trustees of the Internal Im-
provement Fund of the state of Florida, of an undivided three-
fourths {3/4} interest in all phosphate, mineral, and metals that
may be in or under the above-described lands and an un-divided
one-half {1/2} interest in all petroleum in or under the said
above-described lands, recorded in that certain quit-claim deed
dated May 8, 1930, given by the TrUstees of the Internal Im-
provement Fund of the State of Florida, to Normandy Beach Properties
Corporation, a Massachusetts corporation, and filed for record
May 14, 1930, in Deed Book 1381 at Page 525 of the Public Records
of Dade County, Florida.
6. The property is subject to City, State and County
taxes for the year 1953, although they are not yet we or payable.
7. Municipal zoning ordinan~es of the City of Miami
Beach, Dade County, Florida.
8. Labor performed, or material furnished, if any has
been performed or furnished, to or in connection with the said
property during the past ninety {90} days, shall, even though not
now of record, constitute a lien against the property.
9. Rights of parties in possession, if any.
10. Any state of facts which an accurate survey may
disclose.
Respectfully submitted,
April 13, 1953
Miami Beach, Florida
WEINSTEIN, WEINSTEIN & WEINSTEIN
BygY'0^~ O~
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WEINSTEIN, WEINSTEIN & WEINSTEIN, ATTORNEYS AT LAW, 420 LINCOLN ROAD. MIAMI BEACH, FLORIDA
CONDITIONS, RESTRICTIONS, AND LIMITATIONS AS TO Lot 12, Block 10,
of OCEAN SIDE SECTION, ISLE OF NORMANDY, AS CONTAINED IN WARRANTY
DEETI FROM NORMANDY BEACH PROPERTIES CORPORATION, A CORPORATION OF
MASSACHUSETTS, to ELMER E. BIRD.
1. No building or residence of any kind shall be con-
structed or erected on said lands unless the same shall be con-
structed or erected at a cost of at least $5000 which amount shall
be actually expended in the construction and erection of said
building or residence, exclusive of fees in cOlli1ection therewith.
The party of the first part shall be furnished verified copies
of cost sheets and vouchers upon request, and it shall be oblig-
atory upon the party of the second part, upon request made by
the party of the first part, to prove that the cost of the build-
ing or residence meets the minimum requirement.
2. No residence, hotel, or apartment lots, no building
or structure shall be erected so that the front wall is closer
than 20 feet to the front line of said lot, and on 50 foot lots,
the side wall shall not be closer than 5 feet to the side line of
said lot, and on lots over 60 feet in width, no building shall
be erected with side wall nearer than 7 feet to the side line of
such lots.
2A. No structures, canopies, balconies or marquise
of any kind shall be erected to extend over sidewalks without
written permit obtained from Normandy Beach Properties Corpor-
ation.
3. No residence, apartment or hotel shall be erected
neaDer than 25 feet to the waters edge upon any lot or lots
fronting upon Biscayne Bay, Indian Creek, or the waterway be-
tween North and South Islands.
way 7 feet
an alley.
t;,.
For installation of public utilities, a right of
width is reserved on rear of lots not abutting on
5. Lots 1-82 in Block 10 are business lots, unrestr-
icted as to stores, offices, hotels or apartment houses. These
lots, however, are restricted as to public garages and filling
stations, except when permit for a public garage or filling
station is obtained from the party of the first part.
6. Not more than one residence may be built on any
one lot except on lots running through from street to street and
no lots, hlocks, or sections may be subdivided without the con-
sent of the party of the first part. The party of the second
part, however, is given the right to erect servants quarters
either in a separate building or as part of a garage.
7. All lots in Isle of Normandy other than business
lots, are hereby restricted to dwelling houses, apartment houses,
and hotels; and all buildings of any description, including pri-
vate garages and all business buildings shall be of fireproof con-
struction with all pitched and visible roofings of tile, with the
added proviso that all plans must be submitted for approval to
the Building Department of Normandy Beach Properties Corporation.
8. The party of the first part reserves the right to
change the restrictions on any entire unsold block.
9. The riparian rights are given with all waterfront
lots subject to the provisions of Chapter 8537 of the general
laws of Florida for the year 1921.
10. No garage, with or without living quarters, and
no servants' quarters or other outbuilding shall be constructed,
WE] NSTEI N, WEINSTEl N & WE1 NSTEIN, ATTORN EYS AT LAW, 420 LI NCOLN ROAD. MIAMI BEACH, FLORIDA
(Restrictions - Lot 12
cont'd - Page 2.)
placed or erected or permitted to be constructed. placed or
erected, upon the above described premises until after the con-
struction of the main building thereon is at least 50% completed.
And no garage or other outbuilding shall be constructed. placed
or erected within 70 feet from the front line of said premises.
Only one building which is to be used as a dwelling house shall
be built on each lot except that servants' quarters may be er-
ected upon the terms and conditions hereinabove set forth.
11. The party of the second part or heirs or assigns
or legal representatives or the owner or owners of said real
estate by virtue of any judicial proceedings is not and shall
not be permitted to sell. lease, or rent the said real estate in
any form or manner by any title. either legal or equitable to
any person or persons of the Negro race; nor to any firm or
corporation of which any person or persons of the Negro race
shall be a member or 8hareholder.
WEINSTEIN, WEINSTEIN & WEINSTEIN, ATTORNEYS AT LAW. 420 LINCOLN ROAD. MIAMI BEACH, FLORIDA