Indenture 1533-309-314
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, A. D. 1933, between 'fEE OCEAN BEACH llEALTY COMP.AliY, a 710rida
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THIS INDENfUBE, :Made this 28th day ot lune,
oorporatioll. party ot the tiret part, and 'fBE CI'l'Y OF VTAMT BEACH.
a mua10ipal oorporation under the laws ot the State ot norida,
\ party ot the .econ4 part,
;! 1f I ~ N E SSE ~ B: ~t the said party ot the
i tirst part. tor and in oonsideration ot the sum of ~en Dollars
I and other good and valuable oonsideration., to it in hand paid
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I by the party ot the seoond part, the reoeipt whereot is hereby
I! aoknowledged. has granted, bargained and sol d to the said party
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'! ot the seoond part, its Buooeaaors, legal representatives and
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'! asaigns torever, the tollowing desoribed land, situate, lying
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, and being in the County ot Dade and State ot norida, and City.
II ot Miami Beach, tormerly fown ot JI1am1 Beaoh. more particularly
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II desoribed as tollows:
Bounded Oil the East 1>>y ~e AU_tto Ooeo,
on the North by the Ri chard Carney 'fraot,
on the West by Ooeo Drive, and on the
South by the ECllll.uncl "llson 'fract; 'fOGmmm
wi th all oOll8On law ripario rights now
veated in the grantor; aaid tract ot land
above deaoribed oontaining approximately
twenty (20) aores, more or lesa.
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~he said property i8 also more partioularly
!I desoribed as that certain property situate, l.71116 and being 1n
II the County ot Dade ad State of norida. more particularly
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I desoribed as tollows:
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Begimdng at a point on the south line of
the north halt of Seotion 3, ~01lJ18h1p 5"
South of R8J1ge 42 East., at the interseotion
of said South line u atoresaid w1 th the
east line of Ooean Drive, u shown on a
plat ot Ooean Beach AQ4ition Bo. 1 as
reoorded 1n Plat :Book :5, at Page 11, ot
the Dade County Publio Recorda; thenoe
north along the eut ai de ot said Ooeo
Drive, parallel with ad 30 teet eut ot
the west side of said Ooeo Drive to the
north l1ne ot the atoresaid plat, plat
book ad page as atoresaid; thenoe con-
tinuing north along the east si as of the
said Ocean Drive parallel wi th and 30 teet
east ot the west side of said Ocean Drive
aa shown on a plat ot Ocean Beaoh AMi t10n
No.2, as reoorded in Plat Book 2, at Page
56, Dade County Public Recorda, to the north
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Une ot said plat ot Ooean Bea.h Addition
No. 2 as aforesaid. sai d north line being
the south 11n. ot the B10hard Carney Traot;
thenoe eut along the last 4esor1be4 lin.
to the Atlantic Ooean; thenoe southwardly
1n .. meanderlng line along the shore ot
sa1d Atlant1c Ooean to the south 11ne ot
00... Beaoh Add! tion NO.1, pld book and
page as atoresa1d, it proJected eastwardly
1nto the Atlantic Ocean, said south line
belng the south 11ne ot the North halt ot
Section 3, Township 5" South ot Range 42
East. and the north Une ot the EdDmd
Wilson 'tract; thenoe west along the last
described Une to the p01nt and plaoe ot
beginn1ng; 'tOGETHER w1th all cOll&On law
r1parian rights belong1ng or inoident
thereto.
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,I party ot the seoond part hereto
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t oondition that the party ot the
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This deed 1s made. executed and deliverea to the
in oonsideration ot and upon the
seoond part hereto will, on or
betore January 1, 1934. use or oause the said property or portions :
thereotto be used tor inoome producing purposes. either commeroiall
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or otherwise. and that tor a perlod ot twenty-tive (25) ;years
trom the date hereot the said party ot the seoond part hereto
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shall render to the part;y of the tirst part hereto, or to its
suooessors or assigns, a monthl;y aocount as ot the tirst 487 at
each and ever;y month, ot all gross lnoome reoelved trom the use
and occupation ot the said traot trom an;y sources whatsoever,
and 11'111 thereupon P87 to the party ot the tirst part hereto, or
il to 1ta suooessors or assigns, five (5~) peroent ot the said gross
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8JIIOunt so rece1ve4. or, ln the event ot an absolute sale or lease
ot the said property or an;y part thereot, the sum ot tive (5%)
peroent ot the prooeeds ot said sale or lease.
\. The manner or mode of oonduoting said propert;y and
II the operation ot the same is vested in the psrt,. ot the seoond
II part hereto, and at the end ot twent;y-tive (25) years trom date
il hereot the r1ghts ot the psrt;y of the tirst part hereto to receive
I the said f1ve (5%) peroent, as stipulated abOve, shall cease. and
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this deed shall beoome absolute to all lnteuts and purposes.
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21st daY' I
of April, 1948, the party of the seoond part, the said The City of I
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Provided, however, that at an;y time after the
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ll1am1 Beaoh, shall have the right to terminate this agreement by
paying unto the party of the first part, the said The Ooean Beaoh
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iI Realty Company, in oash, a sum of money equal to double the total
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amount theretofore paid by the party of the seoond part unto the
party of the first part by virtue of the five (5%) percent provi-
sions, as hereinbefore set forth; and, thereupon, the rights of
the party of the first part hereto to receive the said five (5%)
percent, as stipulated above, shall oease, and this deed shall
beoome absolute to all intents and purposes.
This deed is given for the express purpose of oonveying I
unto the party of the seoond part all the right, title and interest I
of the party of the first part inoluding the reversionary interest
reserved or retained in that oertain deed exeouted by Southern Bank
& Trust Company as Trustee, dated December 4, 1917, reoorded in
Deed Book 176, page 26, of the Publio Reoords of Dade County,
Flor ida.
Party of the second part hereto has exeouted this deed
in said oapaoity for the purpose of evidencing the acceptanoe of
the oontraot, conditions and covenants as herein set forth, and
I agrees to abide by and oarry out the terms of the same.
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It is further understood and is an additional consider-
at10n for the granting of this deed under the conditions and
oovenants as hereinbefore set forth, that the party of the seoond
part has, on even date herewith, paid to the party of the first
part hereto the sum of One Thousand ($1,000.00) Dollars in cash,
which said amount is not to be deducted from the five (5%) percent
provisions, as hereinbefore set forth.
Subjeot to the rights hereinbefore set forth of the City
of Miami Beach, a municipal oorporation under the laws of the state:
of Florida, and the terms and conditions of this deed, the party
i of the first part hereto does hereby fully warrant the title to
said land and will defend the same against the lawful ola~s of
all persons whomsoever.
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IN WITNESS WHEREOF. the said party of the first part
has hereunto oaused its corporate name to be subscribed and its
I oorporate seal to be hereunto affixed. attested by its Secretary,
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and the party of the seoond part hereto has hereunto caused its
oorporate name to be subsoribed and its corporate seal to be
hereunto affixed. this the day and year first above written.
THE OCEAN BEACH REALTY COMPANY
(SEU,)
Attest:
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By:
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THE CITY OF MIAMI BEACH
(SEAL )
By: CL'~~H~\(~ :
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Attest: . ';;~~~"';'Q
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Signed. sealed and del1vered- . ~"c'~
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STA.TE OF FLORIDA )
: sa
COUN'!'Y OF DADE)
I HEREBY CERTIFY that on this day personally appeared
before met an offioer duly authorized to administer oaths and
take aoknoWledgments. :r. N. LUMMUS and E. 1.. STAPP, respeotive-
therein mentioned;
ly President and Seoretary of THE OCEAN BEACH REALTY COMPANY. a
oorporation under the laws of the state of Florida, to me known I
to be the persons desoribed in and who exeouted the foregoing deed. I
and who severally acknowledged the exeoution thereof to be thEllr I
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and that they affixed thereto the offioial
free aot and deed as such offioers. for the uses and purposes
seal of said corporation. and the said instrument is ~he aot and
deed of said oorporation.
County
1933.
WImESS my hand and offioial seal at _~t in the
and state aforesaid. this the il-day o~. A.. D.
Il1 oOllllll1ss1on expires:
L ,(bLj.. /f..77
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STATE OF FLORIDA )
: ss
COUlft'Y OF DADE)
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I HEREBY CERTIFY that on this day personally appeared
before me, an offioer duly authorized to administer oaths and take
aoknowledgments, a $,,--...t ~#tt &:~_ and
~.~ d~e"",,~--c""J ,respeotively?k~ ~
and 4 ~ of THE CITY OF MIAMI BEACH, a
munioipal oorporat1on under the laws of the State of Florida, to
me known to be the persons desoribed in and who exeouted the fore-
going deed, and who severally aoknowledged the exeoution thereof
to be their free aot and deed as suoh offioers, for the uses and
purposes therein mentioned; and that they affixed thereto the
offioial seal of said oorporation, and the said instrument is the
aot and deed ot said oorporation.
WITNESS my hand and offioial
seal at~ ~, in
/LltL day of ~
the County and State aforesaid, this the
A. D. 1933.
'My oommission expires:
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