Resolution 9959 7 T
q 964
RESOLUTION NO 9959
WHEREAS, proceedings have heretofore been instituted
by the City of Miami Beach and are now pending to acquire, by
the exercise of its right of eminent domain, the fee simple title
in and to that certain parcel of land situate in Dade County,
Florida and described as follows :
Lot 10, less the Easterly ten (10)
feet thereof, of Block 16 of NORMANDY
BEACH SOUTH, according to the plat
thereof, recorded in Plat Book 21,
page 54 of the public records of Dade
County, Florida;
and
WHEREAS, Rose Levy, Clemence Levy Bellman and June
Levy Newbauer, the owners of said land, have agreed to sell and
convey said land to the City of Miami Beach for the sum of
$24,000.00, payable in cash, which sum shall include all costs for
attorneys ' fees, appraisers ' and witness fees, costs or other
expenses which might be chargeable against the City of Miami Beach
on account of said condemnation proceedings . The property is to
be conveyed subject only to restrictions common to the neighborhood,
zoning ordinances of the City of Miami Beach, Florida and such
municipal improvement liens as may be pending at the time of the
closing of the transaction, and taxes for the year 1959 which are
to be pro-rated as of the date of closing. Certified municipal
improvement liens are to be paid by the owners and pending municipal
improvement liens are to be assumed by the City; and
WHEREAS, there has been prepared and submitted to the City
Council an agreement between the said owners and said City,
whereby the owners agree to sell and the City agrees to purchase
said land, the City Council being familiar with the contents of
thesaid agreement; and
WHEREAS, the City Council deems it to be to the best interest
1 of the City of Miami Beach to purchase said land for the purpose of
off the street parking of automobiles at the price set forth in
said agreement;
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Clerk be
and they are hereby authorized and directed to execute said agreement
in the name of and on behalf of said City.
BE IT FURTHER RESOLVED that the disbursing officers of said
City be and they are hereby authorized and directed to make the
expenditures called for by said agreement from funds of the City
available for such purpose .
PASSED and ADOPTED this 7th day of Januar , A. D.
1959.
.
l'ayor
ATTEST:
Ci y er
THIS AGREEMENT, made and entered into this
day of , 1959, by and between ROSE LEVY,
a widow; CLEMENCE LEVY BELLMAN (formerly known as Clemence
Levy) joined by her husband, HAROLD BELLMAN; and JUNE LEVY
NEWBAUER, joined by her husband, JULIAN A. NEWBAUER, parties
of the first part, hereinafter referred to as the ''Sellers",
and the CITY OF MIAMI BEACH a Florida municipal corporation,
party of the second part, hereinafter referred to as the "City";
WITNESSETH :
That for and in consideration of the sum of Ten
($10.00) Dollars and other valuable consideration, to them in
hand paid by the "City" to the "Sellers", the receipt whereof
is hereby acknowledged by said "Sellers" , it is agreed between
the parties hereto as follows:
1 . The "Sellers" agree to sell and the "City"
agrees to purchase, at the price and upon the terms hereinafter
set forth, that certain parcel of land situate in the City of
Miami Beach, Dade County, Florida, described as follows, to
crit:
Lot 10, less the Easterly ten (10)
feet thereof, of Block 16 of NORMANDY
BEACH SOUTH, according to the plat
thereof, recorded in Plat Book 21,
page 54 of the public records of
Dade County, Florida .
2. The purchase price for said land shall be
Twenty-four Thousand and 00/100 ($24,000.00) Dollars, payable
in cash at the time of the closing of the transaction contemplated
hereby.
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OP
3. The "Sellers" agree that said purchase
price includes all attorneys ' fees, appraisers ' fees, witness
fees, costs or other expenses which could have been or might
have been recovered by the "Sellers" in the condemnation
proceedings heretofore instituted by the "City" and now
pending.
4. The "Sellers" agree to furnish to the "City",
within twenty days from the date hereof, an abstract of title
showing the fee simple title to said land to be in the
"S:=llers" and to be a good and marketable title, and the
transaction contemplated hereby is to be closed not sooner
than February 16, 1959 nor later than February 23, 1959.
5 . The "Sellers" will convey the said property
to the "City" by good and sufficient warranty deed, subject
only to taxes for the year 1959,whioh are to be pro-gated
as of the date of closing, and to restrictions common to the
neighborhood, zoning ordinances of the City of Miami Beach,
Florida, and such liens for municipal improvements as may he
pending but not certified at the time of the closing of the
transaction contemplated hereby.
6. Certified municipal improvement liens are
to be paid by the "Sellers" and pending municipal improvement
liens are to be assumed by the "City" .
IN WITNESS WHEREOF, the parties of the first part
have hereunto set their hands and seals and the party of
the second part has caused these presents to be signed in
its name by its duly authorized officers and its corporate
2
seal to be hereunto affixed as of the day and year
first above uritten.
.
In Presence Of:
(Seal)
Rose Levy
7�s to lose Levy
(Seal)
-` Iemence Levy Bellman
(Seal)
Darold Gellman
As to C ence Levy
Bellman and Harold Bellman
-Mae Levy /fewbauer
(Seal)
(Seal)
Julian . Newbauer
s o une Levy N1ewbauer
and Julian A. Ne.;bauer
CITY OF MIAMI BEACH
By
.� Mayor -. —
ATTEST:
City Cler ct--T
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1
STATE OF
COUNTY OF SS. :
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, ROSE LEVY, a wido,- , to me well known to be
the person described in and who executed the foregoing agreement,
and acknowledged before me that she executed the same freely
and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
aforesaid, this day of ITOUT—Try
at Large
My commission expires:
STATE OF
COUNTY OF SS. :
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, HAROLD BELLMAN and CLEMENCE LEVY BELLMAN,
husband and wife, to me well kno,,:n to be the persons described
in and who executed the foregoing agreement and acknoy:ledged
before me that they executed the same freely and voluntarily
for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
aforesaid, this day of 1959.
o ry o, o
At Large
My commission expires:
STATE OF
COUNTY OP 1 SS. :
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, JULIAN A. NEWHAUER and JUNE LEVY NEWBAUER,
husband and 'Afe, to me ell known to be the persons described
in and who executed the foregoing agreement, and acknowledged
before me that they executed the same freely and voluntarily
for the purposes therein expressed.
WITNESS my hand and official seal in the County and State
aforesaid, this day of 1959.
Aoaryu state of
At Large
My commission expires:
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