RESOLUTION 85-18258 RESOLUTION NO. 85-18258
A RESOLUTION AUTHORIZING ACQUISITION AND
APPROPRIATION OF FUNDS FOR LOT 10 , BLOCK 55 ,
ORCHARD SUBDIVISION NUMBERS 2 AND 3 , PLAT BOOK
8, PAGE 116 , PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, IN THE AMOUNT OF $330 ,000 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 Lot 10 , 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 lot 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 lot;
and
WHEREAS , the City Attorney has negotiated the purchase
price of $330 ,000 .00 , excluding attorney' s fees and costs for Lot
10 , 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 $330 ,000 .00 , excluding attorney fees and
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
costs, for Lot 10 , 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 r
1985 .
der
Attest:
).7)
CI Y-_LERK
JKO/rg
FORM APPROVED
L , AL DEPT.
By
Date__ .1\ "1 5--
�MMiw4�l.
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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 RESN ICK, TRUSTEE, et al. )
Respondent. )
• /
STIPULATED FINAL JUDGMENT AS TO PARCEL NO. 2
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, Avron Kopald,
does have and recover of and from the Petitioner the total sum of
$330,000.00 in full payment for the property (designated Parcel
No. 2) 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
$330,000.00 into the Registry of the Court; and it is
ORDERED AND ADJUDGED that the Clerk of this Court pay
forthwith to the Respondent, Avron Kopald, subject to all
outstanding liens, assessments and encumbrances thereon, if any,
the aforesaid sum of $330,000. 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:
Lot 10, 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.
OFFICE OF THE CITY ATTORNEY•1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33130
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. 2 in and for the full compensation awarded for said
parcel pursuant to this Final Judgment.
DONE and ORDERED in Chambers a Miami , Dade County,
Florida, this / ::? day of �� � , 1985 .
/ 1 io1G
CIRCUIT COURT JUDGE
Conformed copies to:
Arnold M. Weiner , Esquire
Leon D. Black, Esquire
JOINT MOTION
The parties, by and through their undersigned attorneys,
move for the entry of the foregoing Stipulated Final Judgment this
. a day of N 1985 .
1
.64- 2'7„ ..Z1/14,".4.., ---1-e-e—z, -Le Vz:?-2-a'CL
ARNOLD M. WEINER, ESQUIRE LEON D. BLACK, ESQUIRE
CITY OF MIAMI BEACH KELLY, BLACK, BLACK, BYRNE AND
City Attorney BEASLEY, P.A.
P.O. Bin 190000 Attorneys for Avron Kopald
Miami Beach, Florida 33119 1400 Alfred I . DuPont Building
Telephone: (305) 673-7470 Miami , Florida 33131
Telephone: (305) 358-5700
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OFFICE OF THE CITY ATTORNEY•1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 85-18258
(Authorizing acquisition and appropriation
of funds for lot 10, block 55, Orchard
subdivision numbers 2 and 3 Plat Book 8,
page 116, public records of Dade County,
Florida, in the amount of $330,000 exclud-
ing attorney's fees and costs, in partial
settlement of City of Miami Beach v. Abe
Resnick, Trustee, ET AL)