Opinion of Title
OPINION on Abstract of Title prepared by Dade County
Title Insurance and Trust Company under Certificate No. 5'35'69,
containing entries numbered 1 to 39, inclusive, covering that
period of time from the Beginning to and including July 20,
1925', at 8:00 A.M.; and continuation thereof by the same company
under Certificate No. 5'45'32, containing entries numbered 1 to 3,
inclusive~ covering that period of time extending from July 20,
1925', at ~:OO A.M., to and including August 14, 1925' at 8:00 A.M.;
and continuation thereof by Florida Title Company under Certificate
No. 67209t, containing entries 1 to 3, inclusive, covering that
period of time extending from August 14, 1925, at 8:00 A.M., to
and including July 1, 1927, at 5':00 P.M.; and continuation thereof
by Dade County Abstract Title Insurance and Trust Company under
Certificate No. 84195', containing entries 1 to 2, inclusive! cover-
ing that period of time extending from July 1, 1927, at 5':OU P.M.,
to and including May 22 1929, at 8:00 A.M.; and continuation
thereof by Southern Title Company under Certificate No. 22348,
containing entries 1 to 5 inclusive, covering that period of
time extending from May 2~, 1929, at 8:00 A.M.l to and including
January 19, 1935', at 8:00 A.M.; and continuat~on thereof by the
same company under Certificate No. 22407, containing entries num-
bered 1 to 2, inclusive, covering that period of time extending
from January 19, 1935', at 8:00 A.M., to and including January 27,
1935', at 8:00 A.M.; and continuation thereof by the same company,
under Certificate No. 23783, containing entries 1 to 4, inclusive,
covering that period of time extending from January 27, 1935', at
8:00 A.M., to and including June 7, 1935', at 8:00 A.M.; and con-
tinuation thereof by the same company under Certificate No. 23889,
containing entries 1 to 6, inclusive, covering that period of time
extending from June 7, 1935', at 8:00 A.M., to and including July
3, 1935', at 8:00 A.M.; and continuation thereof by National Title
Insurance Company under Certificate No. 33217, containing entries
1 to 5', inclusive~ covering that period of time extending from
July 3, 1935, at ~:OO A.M.; to and including August 21, 1937, at
8:00 A.M.; and continuation thereof by Dade Commonwealth Title
Company under Certificate No. 1094G6 containing entries 1 to 7,
inclusive, covering that period of time extending from August
20, 1937, at 1:00 P.M., to and including September 8, 1937, at
5':00 P.M.; and continuation thereof by Miami Title and Abstract
Company under Certificate No. 70645', containing entries 1 to 5',
inclusive, covering that period of time extending from September
8, 1937, at 5':00 P.M., to and including October 26, 1946, at 8:00
A.M.; and continuation thereof by the same company under Certifi-
cate No. 76971, containing entries 1 to 3, inclusive, covering
that period of time extending from October 26, 1946, at 8:00 A.M.,
to and including August 12, 1947, at 8:00 A.M.; and continuation
thereof by the same company under Certificate No. 8395'3, contain-
ing entries 1 to 7, inclusive, covering that period of time ex-
tending from August 12, 1947 at 8:00 A.M., to and including June 3,
1948, at 8:00 A.M.; and con~inuation thereof by the same company
under Certificate No. 88220, containing entries 1 to 8, inclusive,
covering that period of time extending from June 3, 19~8, at 8:00
A.M. to and including December 21, 19481 at 8:00 A.M., and continua-
tion thereof by the same company under Certificate No. 88401, con-
taining entries 1 to 10, inclusive, covering that period of time
extending from December 21, 1948, at 8:00 A.M., to and includiDg
January 3, 1949, at 8:00 A.M.; and contim18tion thereof by Florida
Title Company under Certificate No. 243026, containing entries 1
to 9, inclusive! covering that period of time extending from January
3, 1949, at 8:0u A.M., to and including June 13, 1949, at 8:00 A.M.
AND, Abstract of Title prepared by Southern Title Company
under Certificate No. 275'94, containing entries 1 to 5'3, inclusive,
covering that period of time from the Beginning to and including
May 7, 1936, at 8:00 A.M.; and continuation thereof by the same
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OFFICE OF CITY ATTORNEY - CITY HALL- MIAMI BEACH 39, FLORIDA
company under Certificate No. 27881, containing entries 1 to 4,
inclusive, covering that period of time extending from May 7, 1936,
at 8:00 A.M., to and including May 27, 1936, at 8:00 A.M.; and
continuation thereof by the Miami Beach Abstract and Title Company
under Certificate No. 11275, containing entries 1 to 8, inclusive,
covering that period of time extending from May 27, 1936, at 8:00
A.M., to and including September 2, 1944, at 8:00 A.M.; and con-
tinuation ~hereof by the same company under Certificate No. 11322,
containing entries 1 to 4, inclusive, covering that period of time
extending from September 2 1944, at 8:00 A.M., to and including
September 23, 1944, at 8:00 A.M.; and continuation thereof by the
same company under Certificate No. 11413 containing entries 1 to 3,
inc1usive~ covering that period o~ time extending from September 23,
1944, at d:OO A.M., to and includ1ng November 1, 1944, at 8:00 A.M.;
and continuation thereof by the same company under Certificate
No. 12041, containing entries 1 to 3, inclusive, covering that
period of time extending from November 1, 1944, at 8:00 A.M., to
and including May 1, 1945, at 8:00 A.M.; and continuation thereof
by National Title Insurance Company under Certificate No. 62018,
containing entries 1 to 2, inclusive, covering that period of time
extending from May 1, 1945, at 8:00 A.M., to and including October
26, 1945, at 8:00 A.M.; and continuation thereof by Miami Title and
Abstract Company under Certificate No. 70626, containing entries
1 to 5, inclusive, covering that period of time extending from October
~ 1945 at 8:00 A.M., to and including October 26 1946, at 8:00 A.M.;
and continuation thereof by the same company under Certificate No. 84043,
containing entries 1 to 13, inclUSive, covering that period of time
extending from October 26, 1946, at 8:00 A.M., to and including June
8, 1948, at 8:00 A.M.; and continuation thereof by the same company
under Certificate No. 85588, containing entries 1 to 4, inclusive,
covering that period of time extending from June 8, 1948, at 8:00
A.M., to and including August 11, 19481 at 8:00 A.M.i. and continuation
thereof by the same company under Cert~ficate No. 88 61, containing
entries 1 to 7, inclusive, covering that period of time extending
from Hay 27, ,.l2.l6, at 8: 00 A.H. to and including December 17, 1948,
at 8:00 A.H.; and continuation thereof by the same company under
Certificate No. 88652, containing entries numbered 1 to 10, inclusive,
covering that period of time extending from December 17, 1948, at
8:00 A.H., to and including January 12, 1949, at 8:00 A.M.; and
continuation thereof by the same coroB~~~ ~d~~~~ert1ficat~ ~o. 8qOh6
containing entries 1 to 8, inc~lsive,TrtOM5J~rtfi~ryel~~al~49,1~~ ex~e^ding
8:00 A.H., to and including February 8, 1949, at 8:00 A.H.; and
continuation thereof by the same company under Certificate No. 89288,
containing entries 1 to 2, inclusive~ covering that period of time
extending f rom February 8, 1949, at d:OO A.M., to and including
February 16, 1949, at 8:00 A.M.; and continuation thereof by Florida
Title Company under Certificate No. 243025, containing entries 1 to 3,
inclusive~ covering that period of time extending from February 16,
1949, at d:OO A.M., to and including June 13, 1949, at 8:00 A.M.
AND, Abstract of Title prepared by Florida Title Company under
Certificate No. 243072, containing entries 1 to 4, inclusive, covering
that period of time extending from June 13, 1949, at 8:00 A.M., to
and including June 23, 1949, at 8:00 A.M.; and continuation thereof
by the same company under Certificate No. 243354, containing entries
1 to 6, inclusive, covering that period of time extending from June
23, 19491 at 8:00 A.M., to and including August 4, 1949, at 8:00 A.M.;
and cont~nuation thereof by Miami Title and Abstract Company under
Certificate No. 96634, containing entries 1 to 10, inclusive, covering
that period of time extending from August 4, 1949, at 8:00 A.M., to
and including January 5, 1950, at 8:00 A.M.~ and continuation thereof
by the same company under Cer~ificate No. 9d21l, containing entries 1 to
7, inclusive, covering that period of time extending from January 5, 1950
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
at 8:00 A.M., to and including February 27, 1950, at 8:00 A.M.;
and continuation thereof by the same company under Certificate
No. 101336, containing entries 1 to 4, inclusive, covering that
period of time extending from February 27, 1950, at 8:00 A.M.,
to and including May 16, 1950, at 8:00 A.M.; and continuation
thereof by Miami Beach Abstract and Title Company under Certificate
No. 18061, containing entries 1 to 7, inc1usive~ covering that
period of time extending from May 16, 1950, at 6:00 A.M., to and
including April 13, 1951, at 8:00 A.M.; and continuation thereof
by Dade Commonwealth Title Insurance Company under Certificate
No. 193456, containing entries 1 to 10, inc1usive~ covering that
period of time extending from April 13, 1951, at 6:00 A.M., to
and including May 11, 1951, at 8:00 A.M., purporting to delineate
the title to that certain parcel of land situate, lying and being
in Miami Beach, Florida, to-wit:
All of Block ffN" of ATLANTIC HEIGHTS,
according to the Plat thereof, recorded
in Plat Book 9, at page 14, of the pub-
lic records of Dade County, Florida.
From an examination of the said Abstracts of Title and basing
my Opinion solely upon the same, I am of the opinion that on May 11,
1951, at 8:00 A.M., the fee simple title to the above described land
was vested in
BLUE OCEAN VILLAS, INC.,
a Florida Corporation
/'
subject to the following:
1. That certain 99-year lease dated November 13, 1946, from
Blue Ocean Villas, Inc., to Ludlow Corporation, a Florida Corporation,
recorded in Deed Book 2800, at page 530, of the Public Records of
Dade County, Florida.
This lease (supplemented as in this Opinion
!
hereinafter set forth) was, until recently, held by Efrem Properties,
J.'
Inc., a Florida Corporation, but Efrem Properties, Inc., by instrument
dated April 11, 1951, recorded in Deed Book 3435, at page 562, assigned
the 99-year lease to Ludlow Corporation, a Florida Corporation, ex-
cepting from the description contained in the assignment, a parcel
covered by an agreement with the City of Miami Beach and which con-
sists of a strip off the easterly side of the block measuring approxi-
mately 9 feet wide at the southerly end and approximately 10 feet
wide at the northerly end thereof; and thereafter by assignment dat~d
Ludlow Corporation r
April 14, 1951, and recorded inDeed Book 3435, at page 565, /~ssigned
1/~
the identical lease to Oakton Villas, Inc., a Florida Corporation,
again excepting from the description covered by the lease so assigned,
the same strip covered by the agreement with the City of Miami Beach.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39. FLORIDA
2. Supplement to the 99-year lease mentioned in Item 1 hereof,
being dated December 27, 1948, between Blue Ocean Villas, Inc., a
Florida Corporation, and Ludlow Corporation, a Florida Corporation,
recorded in Deed Book 3095, at page 265.
3. Supplement to the 99-year lease mentioned in Item 1 hereof,
said Supplement being dated January 27, 1948, and between Blue Ocean
Villas, Inc., a Florida Corporation, and Ludlow Corporation, a Florida
Corporation, recorded in Deed Book 3095, at page 259.
4. Supplement to the 99-year lease mentioned in Item 1 hereof,
being dated August 26, 1948, between the same parties, recorded in
Deed Book 3095, at page 254.
5. Supplement to the 99-year lease mentioned in Item 1 hereof,
being dated November 23, 1948, between the same parties, recorded in
Deed Book 3395, at page 13.
6. That certain mortgage dated December 27, 1948, and filed for
record on December 31, 1948, under Clerk's File No. 117343, from
Blue Ocean Villas, Inc., a Florida Corporation, to Reliance Life In-
surance Company of Pittsburgh, which mortgage secures an indebtedness
in the sum of $150,000.00 and encumbers the following described portion
of the block, described as follows:
All of Block "N" of ATLANTIC HEIGHTS, according
to the Plat thereof recorded in Plat Book 9, at
page 14 Public Records of Dade County, Florida,
except ihe northerly portion thereof, being more
particularly described as follows: Beginning at
the intersection of the westerly line of Indian
Creek Drive with the northerly line of Block "N"
as shown on the above mentioned recorded plat
run southeasterly along the westerly line of indian
Creek Drive a distance of 89.9 feet toa point,
thence run in a westerly direction along a line
deflecting 119 degrees 56 minutes to the right,
along a line parallel to and 77.91 feet distan~
southerly from the northerly line of said Block
"N", a distance of 184.58 feet to a point on the
westerly face of the bulkhead on the easterly
shore of Indian Creek, thence meander in a north-
westerly direction along the westerly face of said
bulkhead a distance of 89.28 feet to a point, said
point being the intersection of the westerly face
of said bulkhead with the northerly line of said
Block "N", thence run in an easterly direction
along the northerly line of said Block "N" a dis-
tance of 183.30 feet to the point of beginning,
said tract containing 0.33 acres, more or less.
//~
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
7. That certain mortgage dated February 1, 1949, filed
for record February 7, 1949, under Clerkls File #Y-I0023, from
Ludlow Corporation, a Florida Corporation, and Blue Ocean Villas,
Inc., a Florida Corporation, to Reliance Life Insurance Company
of Pittsburgh, securing an indebtedness in the sum of $100,000.00
and encumbering the following:
Northerly portion of Block "N", corrected Plat of
ATLANTIC HEIGHTS as recorded in Plat Book 9, at
page 14, Public ftecords of Dade County, Florida,
being more particularly described as follows:
Beginning at the intersection of the Westerly line
of Indian Creek Drive with the northerly line of
Block "N" as shown on the above mentioned recorded
Plat, run Southeasterly along the Westerly line of
Indian Creek Drive, a distance of 89.9 feet to a
point, thence run ~n a Westerly direction along a
line deflecting 119 degrees 56 minutes to the right,
along a line parallel to and 77.91 feet distance
Southerly from the Northerly line of said Block "N"
a distance of 184.58 feet to a point on the Westerly
face of the bulkhead on the Easterly shore of Indian
Creek; thence meander in a northwesterly direction
along the Westerly face of said bulkhead a distance
of 89.28 feet to a point, said point being the in-
tersection of the Westerly face of said bulkhead with
the northerly line of said Block "N"; thence run
in an Easterly direction along the Northerly line of
said Block "N" a distance of 183.30 feet to the point
of beginning.
TOGETHER with all the right, title and interest of the
Mortgagor Ludlow Corporation and in and to that certain
Ninety Nine Year Lease executed and delivered to it
by the Mortgagor Blue Ocean Villas, Inc., dated Novem-
ber 13, 1946, and recorded in Deed Book 2800, page 530
public records of Dade County, Florida, as supplemented
by three Supplements, one dated January 27, 1948) recorded
in Deed Book 3095, page 254, and one dated Decemoer 27,
1948, recorded in Deed Book 3095, page 265, public records
of said county,
8. That certain mortgage dated February 7, 1950, from Efrem
Properties, Inc., a Florida Corporation, to Alex Van Straaten, re-
corded in Mortgage Book 2239, at page 79, and secured an indebted-
ness in the sum of $50,000.00, said mortgage encumbering the 99-year
lease mentioned in Item 1 hereof as supplemented by the supplemental
//
i/
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instruments hereinbefore referred to.
9. That certain mortgage dated May 1, 1951, from Oakton
Villas, Inc., a Florida Corporation, to Ludlow Corporation, a Florida
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OFFICE OF CITY ATT'ORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
Corporation, recorded in Mortgage Book 2487, at page 99, securing
an indebtedness in the sum of $137,870.00 and encumbering all
of the Lessee's interest in the 99-year lease mentioned in Item 1
hereof and assigned to Oakton Villas, Inc., as set forth in said
Item 1.
10. That certain mortgage dated May 1, 1951, from Oakton
Villas, Inc., a Florida Corporation, to Ludlow Corporation, a
Florida Corporation, filed for record May 4, 1951, under Clerk's
File #AA-462l5, securing an indebtedness in the sum of $17,000.00
and encumbering the same interest of the Lessee as is covered by
the mortgage between the same parties set forth in the preceding
item.
11. Restrictions of record; zoning ordinances of the City
of Miami Beach, Florida; taxes for the year 1951, which, although
not yet due or payable, constitute a lien against the land.
12. Questions of survey; rights of parties in possession;
possible mechanics' liens for work done and materials furnished
on or about the premises during the past three months.
Respectfully submitted:
Ben Shep ard
City Attorney
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA