Resolution 74-14390 RESOLUTION NO. 74-14390
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, passed and adopted Resolution No . 13775 and Resolution
No. 73-14007 , on October 4 , 1972 and May 2 , 1973 , respectively,
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 December 12 , 1973, passed
and adopted Resolution No. 73-14125 , approving and accepting
an offer of settlement for acquisition of the following des-
cribed parcel of land thereof, to wit:
PARCEL NO. FORTY-SIX:
The East 125 feet of Lot 6 , Block 20 ,
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 purposes , to wit: parks and recreational
purposes , and
WHEREAS , pursuant to the Final Judgment As To Parcel
No. Forty-Six, dated December 20 , 1973, a copy of which is
attached hereto , recorded on December 26 , 1973, in Official
Record Book 8634 , pages 1543 , 1544 , and 1545, of the Public
Records of Dade County, Florida, and also Order Modifying Final
Judgment As To Parcel No . 46 , dated March 20 , 1974 , a copy of
which is attached hereto , recorded on March 25, 1974 , in Official
Record Book 8626 , pages 1637 , and 1638 , of the Public Records of
Dade County, Florida, filed in the proceedings entitled City of
Miami Beach v. Filosof Investment Properties , Inc. , et al. , in
the Dade County Circuit Court, being Case No . 73-19856 , that
upon the deposit of appropriate sums , the fee simple title to
the above described parcel and property shall vest in the
City of Miami Beach, which sums were deposited in the Registry
of the Clerk of said Court on March 28 , 1974 , and
WHEREAS , in accordance with said judgments , said real
estate is , under applicable law, exempt from further taxation
as of May 31, 1974 , as set forth in Paragraph 3 of said Final
Judgment dated December 20 , 1973.
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 May 31, 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.
/2
Attest: ' .%
Vice ayor
City Clerk
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
FES, 8634 R154'3
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. `„ IN THE CIRCUIT COURT OF THE 11TH
• JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY, FLORIDA
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GENERAL JURISDICTION DIVISION
NO. 73-19856 (Nesbitt)
\) ) CITY OF MIAMI BEACH, a Florida • 1 0
A \) municipal corporation, • r)
I‘
tl
Petitioner,
vs . FINAL JUDGMENT AS TO
PARCEL NO. FORTY-SIX
FILOSOF INVESTMENT PROPERTIES , INC. , .
a dissolved Florida corporation, ••
et al. ,
•
Defendants.
•
THIS CAUSE coming on for trial upon the Petition of
the CITY OF MIAMI BEACH in Eminent Domain Proceedings and upon
the Settlement Agreement executed by the Petitioner and the
Defendant-Owners of Parcel No. Forty-Six, and the Court
having examined the Petition and said Settlement Agreement
and it appearing to the Court from said Settlement Agreement
that the Defendant-Owners of Parcel Noe Forty-Six have filed
their written waiver to trial by jury and their consent to the
inuuediate entry of a Final Judgment as to their 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 con-
stituting the property taken or involved in this Judgment is
as follows : RECORDED I
V
DEC 26 1973
RICHARD P. BRINKER
CLERK
Pf, 00034 FG1.544
PARCEL NO. FORTY-SIX
The East 125 feet of Lot 6, Block
20, ALTOS DEL MAR NO. 1, accord-
ing to the Corrected Plat thereof
recorded in Plat Book 31 at Page
40 of the Public Records of Dade
County, Florida.
2. The compensation inclusive of attorney' s
fees 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:
For Parcel No. Forty-Six the total
compensation awarded is $59,500.00
3. The Clerk of this Court shall deduct from
the compensation for the above numbered parcel the following •
sums representing the 1973 and 1974 (estimated) ad valorem
taxes for Dade County and the City of Miami Beach prorated to
May 31, 1974:
Parcel No. Dade County City of Miami Beach
(1973) 46 $378. 11 $279.47
(1974) 46 $157.50 $116.45
4. The Clerk of this Court shall issue its
checks for the total compensation awarded, including attorney' s
fees, expenses and costs , and less the above indicated 1973
and 1974 (estimated) prorated Dade County and City of Miami
Beach ad valorem taxes , to the following persons or parties:
Parcel No. Forty-Six shall be
paid to:
Leopold Dominguez and Lillian
Dominguez, his wife, Defendant-
Owners . . . . . . . . . . . . . . . . . . . . . . . . $58,568.47
Dade County Tax Collector . . . . . $ 931.53
REc OJ42 .AnE 489
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5 . The Petitioner, CITY OF MIAMI BEACH, be
and it hereby is ordered to deposit the total sum of
$59,500.00, into the Registry of the Court in the above
indicated case, allocated as to parties in accordance with
Paragraph Four hereof, within twenty (20) days from the date
of this Final Judgment, otherwise this Judgment shall be and
become void ab initio unless the time for said deposit be
extended by Order of this Court. Upon deposit of said sums,
the fee simple title to the above described parcel and
property shall vest immediately in the Petitioner.
6. The above named Leopold Dominguez and Lillian
Dominguez shall maintain in full force and effect such
Property, Casualty and Liability insurance coverage upon the
premises , until May 31, 1974, as existed on the date of the
Settlement Agreement attached hereto, and shall notify the
insurance companies that the loss-payee of said policies shall
be iuuilediately changed to City of Miami Beach, a Florida
municipal corporation.
7. This Court retains jurisdiction to determine
the rights of any lessees, mortgagees, judgment creditors, lien-
holders and other claimants in respect to the compensation
for the parcel which is the subject of this Final Judgment.
DONE and ORDERED in Chambers at Miami, Dade County,
Florida, thisday of Gti- ��--� , 1973.
'
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JUDGE, CIRCUIT COURT
Af,n;,n�r 7M _; f. n.:i-•'•gip GENERAL JURISDICTION DIVISION
UCARNPTHEIRO
Ch�ERK CiF' Uir i, T
SEE 854? ,,,1 400
(0 . ib-57 - 3
IN 1= CIRCUIT CCURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR DAD E
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
NO. 73-19855 (Keho )
CITY OF MIAMI BEACH, a •
Florida municipal
corporation,
Petitioner, •
ORDER MODIFYING
vs. FINAL JUDGMENT
AS TO PARCEL NO. 46
FILOSOF INVESTMEAT T PROPERTIES, :
INC. , a dissolved Florida
corporation, et al. ,
Defendants . •
THIS CAUSE came before the Court upon the Petitioner' s
Ex-Parte Motion to Modify Paragraph No. Five of the Final
Judgment entered in these proceedings as to Parcel No. 46,
nunc pro tunc, and being fully apprised herein, it is
ORiDERFi) and ADJUDGED:
1. That the Petitioner's Motion be and the same
hereby is granted.
2. Paragraph No. Five of the Final Judgment entered
in these proceedings as to Parcel No. 46 is hereby vacated
and expunged, and the following paragraph is substituted for
said Paragraph No. Five of said Final Judgment, nuns pro tune:
The Petitioner, CITY OF MIAMI BEACH,
be and it hereby is ordered to de-
posit the total sum of Fifty-Nine
Thousand Five hundred ($59,500.00)
Dollars on or before March 29, 1974,
otherwise this Judgment shall be
and become void ab initio unless the
time for said deposit be extended by
Order of Court. Upon deposit. of .
said sums , the fee simple title
to the above described parcel
and property shall vest immedi-
ately in the Petitioner and
Petitioner shall be entitled to
irrediate: possession.
3. Except for modification of Paragraph No. Five
of said Final Judgment as to Parcel No. 46, all other pro-
visions , portions and paragraphs of said Final Judgment
remain in full force and effect and are hereby ratified and
conformed in all respects.
DONE and ORDERED in Chambers at Miami, Dade County,
Florida, this day of March, 1974.
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„Jet711.-v v,.
JUDGE, CI?Cti IT COURT
GENERAL JURISDICTION DIVISION
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