Resolution 74-14336 RESOLUTION NO. _24-14336
A RESOLUTION REQUESTING TAX EXEMPTION
ON PROPERTY ACQUIRED BY THE CITY OF
MIAMI BEACH, FLORIDA, COMMONLY KNOWN
AS "WEBSTER PROPERTY" .
WHEREAS, the City Council of the City of Miami Beach,
Florida, on March 21, 1973, passed and adopted Resolution No.
73-13961, authorizing institution of condemnation proceedings
for the acquisition of the fee simple title, and on March 20,
1974 , Resolution No. 74-14315 was passed and adopted approving
the verdict of compensation for acquisition of the following
described parcel of land, to wit:
Lots 40 and 41, Block 111, OCEAN BEACH
ADDITION NO. 3, as recorded in Plat
Book 2, at page 81, of the Public Records
of Dade County, Florida,
commonly known as the "Webster Property" , and located at 380
Alton Road, Miami Beach, Dade County, Florida, for use for
marina, public park, recreational and other appropriate purposes,
and
WHEREAS , title was conveyed to the City of Miami Beach
on March 8 , 1974, pursuant to Final Judgment dated March 8, 1974 ,
a copy of which is attached hereto, recorded on March 8, 1974,
in Official Record Book 8615, at page 1198, of the Public Records
of Dade County, Florida, and said Verdict dated February 27, 1974 ,
recorded on February 28, 1974 , in Official Record Book 8606, at
page 1316 , of the Public Records of Dade County, Florida, in the
matter of City_of Miami Beach v. Thelma P. Webster, et al. , in the
Dade County Circuit Court, being Case No. 73-12223, and
WHEREAS , said real estate is , under applicable law,
exempt from further taxation as of the date of acquisition of
title by the City of Miami Beach, to wit:
March 8 , 1974;
NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Metropolitan Dade
County Commission, its County Manager, its Tax Assessor, and its
Tax Collector be and they are hereby respectfully requested to
cancel the balance of the taxes due for 1974 as of March 8 , 1974 ;
and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that a certified copy of this resolution
be transmitted to the Metropolitan Dade County Commission, its :'
County Manager, its Tax Assessor, and its Tax Collector.
PASSED and ADOPTED this 17th day of April , 1974 .
3 r s ""tA
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Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CITY OF MIAMI BEACH, a
Florida municipal corporation,
Petitioner,
vs . NO. 73-12223 (Judge Knuck)
THELMA P. WEBSTER, CAUSEWAY
MARINA, INC. , etc. , et al. ,
Defendants.
FINAL JUDGMENT
This cause coming on for trial and the jury having
been duly impaneled and sworn to try and assess what compensation
should be paid to the Defendants for the property sought to be
appropriated, hereinafter described, and having heard the evi-
dence and having heard the charges of this Court, and having
retired to consider their verdict, returned the following
�
verdict:
IN THE C( 3UIT COURT OF THE ELEVENT} "UDCIAL '
CIRCUii IN AND FOR DADE COUNTY, LJRIDA
GENERAL JURISDICTION DIVISION
CASE NO. 73-12223
JUDGE KNUCK
CITY OF MIAMI BEACH , a
Florida municipal
corporation,
Petitioner,
vs. VERDICT
THELMA P. WEBSTER, etc. ,
et al. ,
Defendants.
We, the Jury, find as follows :
1. That an accurate description of the parcel
constituting the property sought to be taken in this cause
and tried before the Jury is as follows :
Lots 40 and 41, Block 111, OCEAN BEACH
ADDITION NO. 3, as recorded in Plat
Book 2 , at page 81, of the Public Records
of Dade County, Florida.
2 . We find full compensation to be made by the
Petitioner for the taking of the fee simple title to the
parcel herein above described, which compensation is payable
to Thelma P. Webster, is as follows :
$375,000 . 00.
So say we all.
s/ Bennie R. Johnson
Foreman (or Forewoman)
Signed this 27th day of
February, 1974 .
( I
1 . The Court finds and determines that the Petitioner,
City of Miami Beach, is properly exercising the authority dele-
gated to it in taking the said property hereinabove described
for the construction of a marina, public park, recreational
and other appropriate public purposes.
2 . The compensation, exclusive of attorneys ' fees ,
costs and expenses , to be made by the Petitioner on account
of the taking of the fee simple title to the said parcel is
as follows :
To THELMA P. WEBSTER, CAUSEWAY
MARINA, INC. , and INTERNATIONAL
MARINE & DEVELOPMENT CORPORATION $375 . 000 .00
Within twenty (20) days from the date of this Final
Judgment the Petitioner shall deposit into the registry of
this Court for the use of the Defendants the sum set forth
hereinabove to wit: Three Hundred Seventy-five Thousand
Dollars ($375 ,000. 00) . Upon the said payment, title to the
said property hereinabove described shall be vested in fee
simple absolute in the Petitioner and the said property shall
be deemed to be condemned and taken for the use of the Petitioner
and the Petitioner shall be entitled to possession of the said
property as of the date of deposit.
3. Upon receipt of the aforesaid deposit, the Clerk
of this Court shall be and is hereby authorized and directed
to issue his check in payment of the sum set forth in Paragraph
No. 2 to the respective Defendants by the delivery of his
check therefor to the said Defendants or their attorneys of
record.
4 . This Court retains jurisdiction to determine the
rights of any of the said Defendants and of lessees , mortgagees ,
judgment creditors , lienholders and other claimants in respect
to the compensation for the parcel which is the subject of this
Final 3udcment.
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5 . The Defendants , as part of the full compensation
guaranteed by the Constitution and Statutes of the State of
Florida, do have and recover of and from the Petitioner, in
addition to the amounts provided for hereinabove , their costs
in this case, plus reasonable attorneys ' fees , in such amounts
as the same shall be determined and allowed by this court, after
hearing thereon, by separate order. Said order taxing costs
and determining attorneys ' fees, when so made, shall be con-
strued to be a part of this Final Judgment.
DONE AND ORDERED in Chambers at Miami , Dade County,
Florida, this Q day of March, 1974 .
A
CIRCUIT JUDGE
Conformed copies furnished:
Joseph A. Wanick, Esq.
Kurtz & Cooper
Howard Hadley, Esq.
Burton B. Loebl, Esq.
William G. Earle, Esq.
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