RESOLUTION 85-18261 RESOLUTION NO. 85-182 61
A RESOLUTION AUTHORIZING ACQUISITION AND
APPROPRIATION OF FUNDS FOR LOTS 15 AND 16,
BLOCK 54, ORCHARD SUBDIVISION NUMBERS 2 AND 3 ,
PLAT BOOK 8 , PAGE 116 , PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, IN THE AMOUNT OF $690 ,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 15 and 16 , Block 54 , 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 $690 ,000 .00 , excluding attorney fees and costs for Lots
15 and 16, Block 54 , 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.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
2. The recommendation of the City Attorney as to the
purchase price of $690 ,000 . 00 , excluding attorney fees and
costs, for Lots 15 and 16 , Block 54 , 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:
CI Y LERK -y ,,-
FORvi APPROVED
ED
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L GAL DEP, .
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Date
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OFFICE
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
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. )
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STIPULATED FINAL JUDGMENT AS TO PARCEL NO. 6
THIS CAUSE came on before the Court on the joint motion
of the parties for entry of a Final Judgment, and theP arties
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 Respondents, Pola Teperman
and Boruch Teperman, does have and recover of and from the
Petitioner the total sum of $690,000. 00 in fullP Y a ment for the
property (designated Parcel No. 6) 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
P of
$690, 000.00 into the Registry of the Court; and it is
ORDERED AND ADJUDGED that the Clerk of this Courta
P Y
forthwith to the Respondents , Rebecca Raisman and Pola Teperman,
subject to all outstanding liens, assessments and encumbrances
thereon, if any, the aforesaid sum of $690,000. 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 15 and 16 , Block 54 , 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.
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. 6 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 04' , 1985 .
JOHN QALE
CIRCUIT 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
day of 1985.
/
277/
E.7)%1 0001111"
ARNOLD M. WEINER, ESQUIRE LAURENCE FEINGOLD
CITY OF MIAMI BEACH FULLER & FEINGOLD, P.A.
City Attorney Attorneys for Boruch Teperman
P.O. Bin 190000 and Pola Teperman
Miami Beach, Florida 33119 1111 Lincoln Road - Suite 802
Telephone: (305) 673-7470 Miami Beach, Florida 33139
Telephone : (305) 538-6483
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 85-18261
(Authorizing acquisition and appropriation
of funds for lots 15 and 16, block 54,
Orchard subdivision numbers 2 and 3, plat
book 8, page 116, public records of Dade
County, Florida, in the amount of $690,000
excluding attorney's fees and cost in
partial settlement of City of Miami v. Abe
Resnick, Trustee, ET AL)