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Resolution 74-14389 RESOLUTION NO. 74-14389 A RESOLUTION REQUESTING TAX EXEMPTION ON CERTAIN PARCEL OF LAND ACQUIRED BY THE CITY OF MIAMI BEACH, FLORIDA. WHEREAS , the City Council of the City of Miami Beach, Florida, on October 4 , 1972 , passed and adopted Resolution No. 13775, authorizing institution of condemnation proceedings for the acquisition of the fee simple title to certain parcels of land in the City of Miami Beach, and on February 20, 1974 , passed and adopted Resolution No. 74-14279 , approving and accepting an offer of settlement for acquisition of the follow- ing described parcel of land thereof, to wit: PARCEL 43 of proceeding entitled City of Miami Beach v. Joe Kasdin, et al. Lot 6 , Block 19 , ALTOS DEL MAR NO. 1, according to the Corrected Plat thereof recorded in Plat Book 31, at page 40 , of the Public Records of Dade County, Florida; and located at 8000 Collins Avenue, Miami Beach, Dade County, Florida; for use for public purposes , to wit: parks and recreational purposes , and WHEREAS , title was conveyed to the City of Miami Beach on March 20 , 1974 , pursuant to Final Judgment dated March 20 , 1974, a copy of which is attached hereto, recorded on March 25, 1974 , in Official Record Book 8626, at page 1634, of the Public Records of Dade County, Florida, in the proceedings entitled City of Miami Beach v. Joe Kasdin, et al. , in the Dade County Circuit Court, being Case No. 72-21184 , 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 20, 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 20 , 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 5th day of June , 1974 . lice ayor Attest: City Clerk OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 TN 777, :.11"11U.irl. SJ^L~RT iI 7 .17;.7. 11T JUnICIAL CIRCUIT IN AND F01 TAD'i (O•Jr Y, FLORIDA OTIMMAL JURISDICTION DIVISION NO. 72-21184 (Tehoe) ".ITY OF MIAMI '??.AC 1, a Florida municipal corporation, : Petitioner, FINAL JUDGMENT vs. : AS TO PARCEL NO. FORTY-TH127' JOE KASDIN, et al. , Defendants. : THIS CAUSE coming on for trial upon the Petition of CITY OF MIA3I BEACH inainent Domain Proceedings and upon the Settlement Agreement executed by the Petitioner and the Defendant-Owner of Parcel No. "Forty-Three, and the Court having examined the Petition and said Settlement Agreement that the Defendant-Owner of Parcel No. Forty-Three has filed her written waiver of trial by jury and her consent to the immediate entry of a Final Judgment as to her interest in full compensation for the property taken, including attorney's fees, expenses and costs, it is thereupon ORDERED and ADJUDGED: 1. An accurate description of the parcel consti- tuting the property taken or involved in this Judgment is as :1:ollows: Lot 6, Block 19, ALTOS D`:L 'SAI UO. 1, according to the Corrected Plat there- of here-o: recorded in Plat nook 31 at Page 40 of the Public Records of Dade County, Florida. • 2. The compensation inclustre attorney's ees and other expenses and costs to be paid by the Petitioner on account of the taking of the fee simple title to the above described parcel for public purposes is as follows: Parcel No. Forty-Three, the total compensation awarded is $ 69,000.00 3. The Clerk of this Court shall deduct from the compensation for the above numbered parcel the following Sums representing the 1974 ad valorem taxes for Dade County and the City of Niami Beach prorated to the date hereof: Parcel No. Dade County City of Miami Beach 43 $ 49.21 $ 32.10 4, The Clerk or this Court shall issue its checks for the total compensation awarded, including attorney's feea, expenses and costs, and less the above indicated 1974 pro- rated Dade County and City of Miami Beach ad valorem taxes, to the following persons and parties: RUTH GIEENHAW, Defendant- Owner of Parcel No. 43 $64,918.69 Warren A. ilishop, Attorney for Defendant $ 4,000.00 Dade County Tax Collector $ 81.31 5. The Petitioner, CITY OF MIAMI BEACH, be and it hereby is ordered to deposit the total sum of Sixty-Nine Thousand ($69,000.00) Dollars, into the ?egistry of the Court in the above indicated case, allocated as to parties in accord- ance with Paragraph Four (4) hereof, :within twenty (20) days from the date of this Final Judgment, otherwise this Judgment - . - :all be and become void ab ini`ic unless the time :or said . posit be extended Ly Order of this Court. Upon deposit of said sums, the fee simple title to the above described parcel and property shall vest i:lmediate1y in. the Petitioner' and Petitioner shall be entitled to immediate possession. 5. This Court retains jurisdiction to determine the rights of any lessees, mortgagees, jud jneut creditors, 1' :nholders and other claimants in respect to the compensa- tion for the parcel which is the subject of this Final. Judgment. DONE and OZD>?.ED in Chambers at Miami, Dade County, Florida, this day of March, 1974. JUDGE, CIRCUIT COURT CMi • L Jtt?:USDICTION DIVISION - 3 .. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY GENERAL JURISDICTION DIVISION CASE NO. 72-21184 (Kehoe) CITY OF MIAMI BEACH, a Florida municipal corporation, Petitioner, vs. SETTLEMENT AGREEMENT PARCEL NO. 43 JOE KASDIN, et al. , Defendants. It is stipulated and agreed by and between the Petitioner, CITY OF MIAMI BEACH, and Counsel for the Defendant, owner(s) of the above parcel that: Parties hereto waive notice and trial by jury in the above styled cause and consent to the immediate entry of a Final Judgment vesting title to Parcel No. 43 in the Petitioner and fixing the compensation for the parcel herein in the amount of $ 69 , 000 . 0 0 , which the parties agree shall be full compensation for the said property, including attorney's fees, expenses and costs, if any. The parties agree that the Clerk of this Courtin accordance with Section 73.061, Florida Statutes, shall deduct from the said compensation all delinquent taxes upon said parcel, and 1973 real property taxes prorated to the date hereof. JOHN R.FARRELL,P.A.,ATTORNEY AT LAW,2825 SOUTH MIAMI AVENUE, PdIP.[-i! FLORIDA 33129 The compensation hereinabove set forth is calculated and shall be paid as follows: Owner: Ruth Greenhaw $65, 000. 00 Attorney: Warren A. Bishop $ 4, 000. 00 Deductions for taxes as hereinabove mentioned shall be made solely from the owners ' award. DATED this 14th day of February 2 3E9111 1974. Atto. ney for Defen..nt,41t.: CITY OF MIAMI BEACH, Petitioner 0 \„,, \ ,' Special Counsel • -2- JOHN R.FARRELL,P.A.,ATTORNEY AT LAW,2525 SOUTH MIAMI AVENUE.MIAMI,FLORIDA 33129 ( f • i RESOLUTION NO. "494-14771.9 WHEREAS, the City Council of the City of Miami Beach, Florida, heretofore authorized institution of condemnation proceedings for the acquisition of the fee simple title to the following parcel of land, to wit: i' PARCEL 43 of proceedings entitled City of Miami Beach v. Joe Kasdin, et al . , Lot 6 , Block 19, ALTOS DEL MAR NO. 1, according to the Corrected Plat thereof recorded in Plat Book 31 at page 40 of the Public Records of Dade County, Florida; for use for public park and recreational purposes, and WHEREAS, pursuant to Resolution No. 13775, appropriate condemnation proceedings were instituted in the Dade County Circuit Court for said purpose, and WHEREAS , prior to impanelling of a jury, the proposed offer of settlement was made by the owner of said parcels, by and through her attorney, as follows : Parcel :43, owned by Ruth Greenhaw, the sum of Sixty-Five Thousand Dollars ($65, 000. 00) , plus Four Thousand Dollars ($4 , 000 .00) for attorneys fees -to Warren A. Bishop, Esq. , total sum being Sixty-Nine Thousand Dollars ($69 , 000. 00) ; z and WHEREAS, the City Attorney, City Manager, and Mr. S . Z . Bennett, the City 's Real Estate Consultant, have each recommended to the City Council that the acceptance of said offer of settlement is financially advantageous to the City and in its best interests, and WHEREAS , the City Council of the City of Miami Beach, Florida, has duly considered said offer of settlement and said recommendations, and now being fully advised in the premises, it is, therefore, RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the said offer of settlement, as hereinabove recom- mended, be and the same is hereby accepted and the City Attorney be and he is hereby authorized and directed to take all legal steps necessary to effectuate and execute said offer of settle- ment and the proper financial officers of the City be and they are hereby authorized and directed to make all payments required by law hereby and hereunder. PASSED and ADOPTED this 20th day of February , 1974 . . (Signed) Chuck Nall Mayor Attest: (Signed) Elaine Matthews City Clerk '(SEAL.) O• 'N O C U >- O O +-c 4J L) O E > N • _0 X O Ol N Z 'D CO M X L L (6 (6 •- 1 0- L- I� O N (Q 4- o • I J O +I U • Q Z N O N z U +> > - Z Q C7 O O-Q ----- U cc- f— L ^ C.. O = \•— 1� J — — Ol O c (n — • 0 LU N t) - m O L O N O ^O •.0 4-, O � 4h, CO U L -1 fT3 1