Resolution 74-14389 RESOLUTION NO. 74-14389
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, on October 4 , 1972 , passed and adopted Resolution No.
13775, 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 February 20, 1974 ,
passed and adopted Resolution No. 74-14279 , approving and
accepting an offer of settlement for acquisition of the follow-
ing described parcel of land thereof, to wit:
PARCEL 43 of proceeding entitled City of
Miami Beach v. Joe Kasdin, et al.
Lot 6 , Block 19 , 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;
and located at 8000 Collins Avenue, Miami Beach, Dade County,
Florida; for use for public purposes , to wit: parks and
recreational purposes , and
WHEREAS , title was conveyed to the City of Miami Beach
on March 20 , 1974 , pursuant to Final Judgment dated March 20 , 1974,
a copy of which is attached hereto, recorded on March 25, 1974 ,
in Official Record Book 8626, at page 1634, of the Public Records
of Dade County, Florida, in the proceedings entitled City of Miami
Beach v. Joe Kasdin, et al. , in the Dade County Circuit Court,
being Case No. 72-21184 , and
WHEREAS , said real estate is , under applicable law,
exempt from further taxation as of the date of acquisition of
title by the City of Miami Beach, to wit:
March 20, 1974 ;
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 March 20 , 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 .
lice ayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
TN 777, :.11"11U.irl. SJ^L~RT iI 7 .17;.7. 11T
JUnICIAL CIRCUIT IN AND F01 TAD'i
(O•Jr Y, FLORIDA
OTIMMAL JURISDICTION DIVISION
NO. 72-21184 (Tehoe)
".ITY OF MIAMI '??.AC 1,
a Florida municipal
corporation, :
Petitioner,
FINAL JUDGMENT
vs. : AS TO PARCEL NO. FORTY-TH127'
JOE KASDIN, et al. ,
Defendants. :
THIS CAUSE coming on for trial upon the Petition of
CITY OF MIA3I BEACH inainent Domain Proceedings and upon
the Settlement Agreement executed by the Petitioner and the
Defendant-Owner of Parcel No. "Forty-Three, and the Court
having examined the Petition and said Settlement Agreement
that the Defendant-Owner of Parcel No. Forty-Three has filed
her written waiver of trial by jury and her consent to the
immediate entry of a Final Judgment as to her 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 consti-
tuting the property taken or involved in this Judgment is as
:1:ollows:
Lot 6, Block 19, ALTOS D`:L 'SAI UO. 1,
according to the Corrected Plat there-
of
here-o: recorded in Plat nook 31 at Page 40
of the Public Records of Dade County,
Florida.
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2. The compensation inclustre attorney's ees
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:
Parcel No. Forty-Three,
the total compensation
awarded is $ 69,000.00
3. The Clerk of this Court shall deduct from the
compensation for the above numbered parcel the following Sums
representing the 1974 ad valorem taxes for Dade County and
the City of Niami Beach prorated to the date hereof:
Parcel No. Dade County City of Miami Beach
43 $ 49.21 $ 32.10
4, The Clerk or this Court shall issue its checks
for the total compensation awarded, including attorney's feea,
expenses and costs, and less the above indicated 1974 pro-
rated Dade County and City of Miami Beach ad valorem taxes,
to the following persons and parties:
RUTH GIEENHAW, Defendant-
Owner of Parcel No. 43 $64,918.69
Warren A. ilishop,
Attorney for Defendant $ 4,000.00
Dade County Tax Collector $ 81.31
5. The Petitioner, CITY OF MIAMI BEACH, be and it
hereby is ordered to deposit the total sum of Sixty-Nine
Thousand ($69,000.00) Dollars, into the ?egistry of the Court
in the above indicated case, allocated as to parties in accord-
ance with Paragraph Four (4) hereof, :within twenty (20) days
from the date of this Final Judgment, otherwise this Judgment
- . -
:all be and become void ab ini`ic unless the time :or said
. posit be extended Ly Order of this Court. Upon deposit of
said sums, the fee simple title to the above described parcel
and property shall vest i:lmediate1y in. the Petitioner' and
Petitioner shall be entitled to immediate possession.
5. This Court retains jurisdiction to determine
the rights of any lessees, mortgagees, jud jneut creditors,
1' :nholders and other claimants in respect to the compensa-
tion for the parcel which is the subject of this Final.
Judgment.
DONE and OZD>?.ED in Chambers at Miami, Dade County,
Florida, this day of March, 1974.
JUDGE, CIRCUIT COURT
CMi • L Jtt?:USDICTION DIVISION
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IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR DADE COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 72-21184 (Kehoe)
CITY OF MIAMI BEACH,
a Florida municipal
corporation,
Petitioner,
vs. SETTLEMENT AGREEMENT
PARCEL NO. 43
JOE KASDIN, et al. ,
Defendants.
It is stipulated and agreed by and between the
Petitioner, CITY OF MIAMI BEACH, and Counsel for the
Defendant, owner(s) of the above parcel that:
Parties hereto waive notice and trial by jury in the
above styled cause and consent to the immediate entry of a
Final Judgment vesting title to Parcel No. 43 in the
Petitioner and fixing the compensation for the parcel herein
in the amount of $ 69 , 000 . 0 0 , which the parties agree
shall be full compensation for the said property, including
attorney's fees, expenses and costs, if any. The parties agree
that the Clerk of this Courtin accordance with Section 73.061,
Florida Statutes, shall deduct from the said compensation all
delinquent taxes upon said parcel, and 1973 real property taxes
prorated to the date hereof.
JOHN R.FARRELL,P.A.,ATTORNEY AT LAW,2825 SOUTH MIAMI AVENUE, PdIP.[-i! FLORIDA 33129
The compensation hereinabove set forth is calculated
and shall be paid as follows:
Owner: Ruth Greenhaw $65, 000. 00
Attorney: Warren A. Bishop $ 4, 000. 00
Deductions for taxes as hereinabove mentioned shall
be made solely from the owners ' award.
DATED this 14th day of February 2 3E9111 1974.
Atto. ney for Defen..nt,41t.: CITY OF MIAMI BEACH, Petitioner
0
\„,, \ ,'
Special Counsel
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JOHN R.FARRELL,P.A.,ATTORNEY AT LAW,2525 SOUTH MIAMI AVENUE.MIAMI,FLORIDA 33129
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RESOLUTION NO. "494-14771.9
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:
i' PARCEL 43 of proceedings entitled
City of Miami Beach v. Joe Kasdin, et al . ,
Lot 6 , Block 19, 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 park and recreational purposes, and
WHEREAS, pursuant to Resolution No. 13775, appropriate
condemnation proceedings were instituted in the Dade County
Circuit Court for said purpose, and
WHEREAS , prior to impanelling of a jury, the proposed
offer of settlement was made by the owner of said parcels, by
and through her attorney, as follows :
Parcel :43, owned by Ruth Greenhaw, the
sum of Sixty-Five Thousand Dollars
($65, 000. 00) , plus Four Thousand Dollars
($4 , 000 .00) for attorneys fees -to Warren
A. Bishop, Esq. , total sum being Sixty-Nine
Thousand Dollars ($69 , 000. 00) ;
z
and
WHEREAS, the City Attorney, City Manager, and Mr.
S . Z . Bennett, the City 's Real Estate Consultant, 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
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 premises,
it is, therefore,
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA, that the said offer of settlement, as hereinabove recom-
mended, be and the same is hereby 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 settle-
ment and the proper financial officers of the City be and they
are hereby authorized and directed to make all payments required
by law hereby and hereunder.
PASSED and ADOPTED this 20th day of February , 1974 . .
(Signed) Chuck Nall
Mayor
Attest:
(Signed) Elaine Matthews
City Clerk
'(SEAL.)
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