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RESOLUTION 85-18257 RESOLUTION NO. 85-18257 A RESOLUTION AUTHORIZING ACQUISITION AND APPROPRIATION OF FUNDS FOR LOTS 1 AND 2 , BLOCK 55 , ORCHARD SUBDIVISION NUMBERS 2 AND 3 , PLAT BOOK 8 , PAGE 116 , PUBLIC RECORDS OF DADE COUNTY, FLORIDA, IN THE AMOUNT OF $610 ,000 . 00 EXCLUDING ATTORNEY FEES AND COSTS, IN PARTIAL SETTLEMENT OF CITY OF MIAMI BEACH V. ABE RESNICK, TRUSTEE, ET AL. WHEREAS, in Resolution No. 84-17740 , the City Commission of the City of Miami Beach approved the site selection for the City of Miami Beach Forty-first Street/Off-street Parking Project, which included Lots 1 and 2, Block 55 , Orchard Subdivision Numbers 2 and 3 , Plat Book 8, Page 116 , Public Records of Dade County, Florida; and WHEREAS , in the aforementioned resolution, the City Manager and the City Attorney, through their staffs or through special counsel were authorized by the City Commission to acquire said lots by purchase, donation, or through eminent domain proceedings, including declaration of taking, if necessary; and WHEREAS, on February 15 , 1985 , the City Attorney filed on behalf of the City of Miami Beach a Petition in Eminent Domain styled City of Miami Beach v. Abe Resnick, Trustee, et al. , Case No. 85-06407 for the purpose of acquiring the above described lots; and WHEREAS , the City Attorney has negotiated the purchase price of $610 ,000 . 00 , excluding attorney fees and costs for Lots 1 and 2, Block 55, Orchard Subdivision Numbers 2 and 3 , Plat Book 8 , Page 116 , Public Records of Dade County, Florida, in partial settlement of City of Miami Beach v. Abe Resnick , Trustee, et al. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that: 1. The City Commission finds, determines and declares that the matters set out in the foregoing recitals are true and correct, and they are hereby incorporated as part of this resolution. 2. The recommendation of the City Attorney as to the purchase price of $610 ,000 .00 , excluding attorney fees and -1- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 costs, for Lots 1 and 2, Block 55 , Orchard Subdivision Numbers 2 and 3 , Plat Book 8 , Page 116 , Public Records of Dade County, Florida, is hereby accepted and approved. 3 . The City Commission authorizes the acquisition and appropriation of the above-described property for the dollar amount stated above in partial settlement of City of Miami Beach v. Abe Resnick, Trustee, et al. PASSED and ADOPTED this 6th day of November 1985 . Attest: CITY CLERK JKO/rg FORM APPROVED L ,AL DEPT. By Oatellti -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 CIRCUIT COURT OF THE ELEVENTH JUDICIAL C I RCU I T IN AND FOR DADE COUNTY FLORIDA CITY OF MIAMI BEACH, a Florida ) Municipal Corporation, ) Petitioner , ) GENERAL JURISDICTION ) DIVISION v. ) ) CASE NO. 85-06407 CA 07 ABE RESNICK, TRUSTEE, et al. ) Respondent. ) STIPULATED FINAL JUDGMENT AS TO PARCEL NO. 1 THIS CAUSE came on before the Court on the joint motion of the parties for entry of a Final Judgment, and the parties having waived trial by jury, and it appearing to the Court that the parties were authorized to enter into such motion, and the Court being otherwise fully advised in the premises, it is therefore, ORDERED AND ADJUDGED that the Respondent, Abe Resnick, Trustee does have and recover of and from the Petitioner the total sum of $610,000 . 00 in full payment for the property (designated P Y 9 Parcel No. 1) herein taken, and for all other damages of any nature. It is further, ORDERED AND ADJUDGED that attorney' s fees and costs will be determined by this Court at a hearing to be set upon motion; and it is ORDERED AND ADJUDGED that upon entry of this Stipulated Final Judgment the Petitioner shall forthwith deposit the sum of $610 ,000 . 00 into the Registry of the Court; and it is ORDERED AND ADJUDGED that the Clerk of this Court pay forthwith to the Respondent, Abe Resnick, Trustee, subject to all outstanding liens, assessments and encumbrances thereon, if any, the aforesaid sum of $610 ,000 . 00 from the monies deposited in this cause by the Petitioner ; and it is further , ORDERED AND ADJUDGED that title to the following described property, to-wit: Lots 1 & 2, Block 55, Orchard Subdivision Nos. 2 and 3 , according to the Plat thereof, as recorded in Plat Book 8 , at Page 116 , of the Public Records of Dade County, Florida. -1- OFFICE OF THE CITY ATTORNEY•1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 shall vest in the Petitioner immediately upon the deposit of the monies hereinabove described and thereupon title in Petitioner will be approved, ratified and confirmed, and it is ORDERED and ADJUDGED that the Court shall retain jurisdiction of this cause to determine the rights of the Respondent-Owner and of lessees, mortgagees, judgment creditors, lienholders, and other claimants and parties of interest as to Parcel No. 1 in and for the full compensation awarded for said parcel pursuant to this Final Judgment. DONE and ORDERED in Chambers at Miami , Dade County, Florida, this day of / ,- � 3Z . 1985. 9 5. G'I RCU I T COURT JUDGE Conformed copies to: Arnold M. Weiner , Esquire Laurence Feingold, Esquire JOINT MOTION The parties, by and through their undersigned attorneys, move for the entry of the foregoing Stipulated Final Judgment this (.3 day of , 1985. 11.. e‘/AAH I - - ARNOLD M. WEINER, ESQUIRE LAURENCE FEINGOLD CITY OF MIAMI BEACH FULLER & FEINGOLD, P.A. City Attorney Attorneys for Abe Resnick, Tr . P.O. Bin 190000 1111 Lincoln Road - Suite 802 Miami Beach, Florida 33119 Miami Beach, Florida 33139 Telephone: (305) 673-7470 Telephone: (305) 538-6483 -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 85-18257 (Authorizing acquisition and appropriation of funds for lots 1 and 2, block 55, Orchard subdivision numbers 2 and 3, Plat Book 8, page 116, Public Records of Dade County, Florida, in the amount of $610,000 excluding attorney's fees and costs, in partial settlement of City of Miami Beach v. Abe Resnick, Trustee, ET AL)