Resolution 74-14484 RESOLUTION NO. 74-14484
A RESOLUTION APPROVING ACCEPTANCE OF OFFER
OF SETTLEMENT ON CERTAIN PARCEL OF LAND TO BE
ACQUIRED IN THE CITY OF MIAMI BEACH, FLORIDA .
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 :
PARCEL NO. FORTY-SEVEN:
The West 50 feet of Lots 4, 5, and 6,
Block 20, ALTOS DEL MAR NO. 1, according
to the Correct Plat thereof recorded in
Plat Book 31, page 40, of the Public
Records of Dade County, Florida ;
said property being commonly known as 225 - Seventy-Ninth Street,
Miami Beach, Florida, for use for public park and recreational
purposes ; and
WHEREAS , pursuant to said resolution, appropriate
condemnation proceedings were instituted in the Dade County Circuit
Court for said purpose, said proceedings entitled City of Miami
Beach v. Filosof Investment Properties, Inc. , et al. , being
Case No. 73-19856 ; and
WHEREAS, said parcel of land was appraised by the City' s
appraisers, Cole Appraisal Company, at $61, 650. 00 and by Harry D.
Fleming, Jr. of Statewide Appraisal Services, Inc. , at $59, 400. 00;
and
WHEREAS, prior to impanelling of a jury, a proposed
offer of settlement was made by the owner of said parcel, by and
through her attorney, as follows :
For Parcel No. 47, owned by Helen E. Tuck,
a widow, the sum of Sixty-two Thousand Six
Hundred Fifty and no/100 Dollars ($62, 650. 00) ,
and to William Clark, the sum of One Thousand
and no/100 Dollars ($1, 000. 00) , plus the sum
of Four Thousand One Hundred Sixty-five and
no/100 Dollars ($4, 165 . 00) for attorney' s fees,
the total sum being Sixty-seven Thousand
Eight Hundred Fifteen and no/100 Dollars
($67, 815 . 00) ;
and a consent Judgment entered accordingly; and
WHEREAS, the City Attorney, the City Manager, Mr. S . Z.
Bennett, the City' s former Real Estate Consultant who completed
this particular transaction from a sense of commitment to this
project and without any added compensation, and Mr. John R.
Farrell, Special Counsel for the City, 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
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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 prmises, it
is therefore,
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA, that the said offer of settlement, as hereinabove
recommended, be and the same is herby 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
settlement, and the proper financial officers of the City be
and they are hereby authorized and directed to make all payments
pursuant to said Judgment as required by law.
PASSED and ADOPTED this 19th day of September , 1974.
0,0‘;eC
Mayor
Attest :
.715(41-
City Clerk
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•
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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