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97-90 RDA RESOLUTION NO. 97-90 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA DECLARING THE NECESSITY OF FILING A DECLARATION OF TAKING IN THAT EMINENT DOMAIN LITIGATION STYLED MIAMI BEACH REDEVELOPMENT AGENCY V. AZCUI, ELEVENTH CIRCUIT COURT, CASE NO. 89-23516 AND AUTHORIZING THE AGENCY TO PROCEED WITH ALL NECESSARY LITIGATION FOR PURPOSES OF ACQUIRING THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS: (814 SECOND STREET) EAST 40 FEET OF WEST 80 FEET OF LOT 1, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (144 MERIDIAN AVENUE) LOT 2, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (821 FIRST STREET) LOT 15, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (146-150 JEFFERSON AVENUE) LOTS 1, 2 AND 3, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (130 JEFFERSON AVENUE) EAST 130 FEET OF LOT 4, BLOCK 80, OCEAN BEACH ADDITION NO. 3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (131 ALTON ROAD) LOT 4 LESS THE EAST 130 FEET, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (120-124 JEFFERSON AVENUE) EAST 129 FEET OF LOT 5, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (123 ALTON ROAD) LOT 5 LESS THE EAST 129 FEET, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (139 ALTON ROAD) LOT 6, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (950 SECOND STREET) LOT 8 AND EAST 50 FEET OF LOT 7, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (100 JEFFERSON AVENUE) LOT 9, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81; (101 ALTON ROAD) LOTS 10, 11, 12, AND 13, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81, ALL IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. BE IT RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA THAT: WHEREAS, on May 24, 1989, the Redevelopment Agency of the City of Miami Beach, Florida passed its Resolution No. 79-89 declaring acquisition of the following legally-described properties to be a public necessity for the project known as the Old Police station Site Redevelopment Project, and further authorized the acquisition of said properties by purchase, donation or the filing of eminent domain proceedings and declaration of taking as necessary: 814 SECOND STREET EAST 40 FEET OF WEST 80 FEET OF LOT 1, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 1 ; and 144 MERIDIAN AVENUE LOT 2, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 821 FIRST STREET LOT 15, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 146-150 JEFFERSON AVENUE LOTS 1, 2 AND 3, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 130 JEFFERSON AVENUE EAST 130 FEET OF LOT 4, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 131 ALTON ROAD LOT 4 LESS THE EAST 130 FEET, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 120-124 JEFFERSON AVENUE EAST 129 FEET OF LOT 5, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 123 ALTON ROAD LOT 5 LESS THE EAST 129 FEET, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 139 ALTON ROAD LOT 6, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 950 SECOND STREET LOT 8 AND EAST 50 FEET OF LOT 7, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 100 JEFFERSON AVENUE LOT 9, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 101 ALTON ROAD LOTS 10, 11, 12, AND 13, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 2 WHEREAS, all matters set Agency Resolution No. 79-89 incorporated herein; and WHEREAS, pursuant to the above-referenced authorization, on May 31, 1990, the Miami Beach Redevelopment Agency filed its Petition in Eminent Domain in that litigation styled Miami Beach RedeveloDment Aqencv v. Azcui, Eleventh circuit Court, Case No. 89- 23516; and WHEREAS, the Redevelopment Agency hereby finds, determines and declares that it is necessary to file a declaration of taking in Miami Beach RedeveloDment Aqencv v. Azcui for purposes of obtaining title in advance of final judgment to the above-referenced properties for use in the Old Police station site Redevelopment Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY, THAT: 1. The Miami Beach Redevelopment Agency finds, determines and declares that those matters set out in the foregoing recitals are true and correct, and they are hereby incorporated as a portion of this Resolution. forth within said Redevelopment are readopted and specifically 2. The Miami Beach Redevelopment Agency declares that it is necessary to file a declaration of taking in Miami Beach Redevelopment Aqencv v. Azcui, Eleventh Circuit Court, Case No. 89- 23516 in order to acquire fee simple title (prior to final judgment) to the following described properties: 814 SECOND STREET EAST 40 FEET OF WEST 80 FEET OF LOT 1, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 144 MERIDIAN AVENUE LOT 2, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 821 FIRST STREET LOT 15, BLOCK 78, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 146-150 JEFFERSON AVENUE LOTS 1, 2 AND 3, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 130 JEFFERSON AVENUE EAST 130 FEET OF LOT 4, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 3 131 ALTON ROAD LOT 4 LESS THE EAST 130 FEET, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 120-124 JEFFERSON AVENUE EAST 129 FEET OF LOT 5, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 123 ALTON ROAD LOT 5 LESS THE EAST 129 FEET, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 139 ALTON ROAD LOT 6, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 950 SECOND STREET LOT 8 AND EAST 50 FEET OF LOT 7, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 100 JEFFERSON AVENUE LOT 9, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. 101 ALTON ROAD LOTS 10, 11, 12, AND 13, BLOCK 80, OCEAN BEACH ADDITION NO.3, AS RECORDED IN PLAT BOOK 2 AT PAGE 81. ; and 4. The Miami Beach Redevelopment Agency readopts and realleges all matters stated within its Resolution No. 79-89, adopted on May 24, 1989, otherwise applicable to the Old Police Station site Redevelopment Project, and further directs the Executive Director of the Agency and the Agency's attorney, through their staffs and special counsel engaged for such purposes, to otherwise proceed in Miami Beach Redevelopment Aqency v. Azcui. PASSED and ADOPTED this 24th day of A'rTEST: 'U.~ 'IA.:~.J&''v/103 --eckoa.-dE ~ ~1 SECRETARY JKO jrg 4 FORM APPROVED ...... MEJI:Y .... "rlE~ ~?2~ DIte /~/Z.((9d Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 REDEVELOPMENT AGENCY MEMORANDUM NO. qO-14 October 24, 1990 SUBJECT: MIAMI BEACH REDEVELOP ENT AGENCY V. AZCUI, ELEVENTH CIRCUIT COURT, CASE NO. 89-23516: FILING OF DECLARATION OF TAKING TO: Chairman and Members Miami Beach Redevel FROM: Rob W. Parkins Executive Director In light of the recent settlement in Miami Beach Redevelopment Agency v. Mendelson, Eleventh Circuit Court, Case No. 89-08693 wherein the City of Miami Beach Redevelopment Agency acquired Mel Mendelson's meat packing plant for $1.2 million dollars pursuant to the city's redevelopment effort in the Old police station site Project, there exists a need to immediately obtain fee simple title to the privately-owned properties which are the subject of the pending condemnation litigation in the stated Redevelopment Project, such action being styled, Miami Beach Redevelopment Aqency v. Azcui, Eleventh Circuit Court, Case No. 89-23516. Accordingly, a Declaration of Taking must be filed in the afore-stated eminent domain lawsuit in order to convert said action to a "quick-take" proceeding under Chapter 74 of the Florida Statutes. In its Resolution No. 79-89, the Miami Beach Redevelopment Agency authorized the filing of eminent domain proceedings and declaration of taking, as necessary, for the Old police station site Project-- accordingly, the attached Resolution declares a finding by the Agency of "necessity" for purposes of filing a Declaration of Taking in Miami Beach Redevelopment Aqency v. Azcui and further authorizes the Agency's counsel to otherwise proceed with this eminent domain litigation. RWP/LF/rg Attachment 1 au .