HomeMy WebLinkAboutR-73-0693• 1
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RHT/cc
8/28/73
RESOLUTION NO. 73 - 6 93
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO ENTER
INTO A COVENANT WITH THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT PURSUANT
TO Title VII OF THE HOUSING ACT OF 1961,
PUBLIC LAW 91-609, 84 STAT. 1781, 42
U.S.C. 1500, AGREEING NOT TO SELL, LEASE,
MORTGAGE OR CREATE ANY OTHER INDEBTEDNESS
OR ANY OTHER TRANSFER OF REAL PROPERTY
INVOLVED IN THE EXPANSION OF NORTH DINNER
KEY PARK WITHOUT PRIOR APPROVAL OF THE
SECRETARY OF THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.
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WHEREAS, it is necessary for the City of Miami
to enter into a covenant agreeing not to sell, lease,
mortgage or create any other indebtedness or any other
transfer of the real property involved in the expansion
of NORTH DINNER KEY PARK without prior approval of the
Secretary of the Department of Housing and Urban Development
in order to receive a grant of assistance for the
expansion of the said NORTH DINNER KEY PARK;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. That the City Manager and the City
Clerk be and they are hereby authorized and directed to
enter into a covenant with the Department of Housing and
Urban Development pursuant to Title VII of the Housing Act
of 1961, Public Law 91-609, 84 Stat. 1781, 42 U.S.C. 1500,
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agreeing not to sell, lease, mortgage or create any
other indebtedness or any other transfer of the real
property involved in the expansion of NORTH DINNER KEY
PARK without prior approval of the Secretary of the
Department of Housing and Urban Development.
PASSED AND ADOPTED this/9 day of ,o, /wCara., 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
a ris ' rner
Assistant City Attorney
John S. Lloyd
Assistant Director of Law
APPROVED.AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
-2-
73R9e131
'j.1 12 41
it rq 8467 P-4229
COVENANT TO RtTN WITH THE LAND
/4
THIS INSTRUMENT, made this / day of
19 -Kby the undersigned, City of Miami, a municipal corporation, of
the State of Florida,
WITNESSETH:
That the City of Miami, being the fee owner of the following
described real property in the County of Dade, and the State of Florida.,
to -wit:
As described in Exhibit A attached hereto and
made a part hereof of this Covenant.
which said lands and parcels comprise NORTH DINNER KEY PARK, being
a recreational park in the City of Miami, County of Dade and State of
Florida, hereby makes the following declaration of restrictions regarding
the sale, lease, mortgaging or the creation of other indebtedness or other
transfer of the aforesaid lands and parcels, in consideration of and pursuant
to the terms of a certain grant of Federal financial assistance made under
Title VII of the Housing Act of 1961, Public Law 91-609, 84 Stat. 1781,
42 U.S. C. 1500, by the Department of Housing and Urban Development to
said City for the purposes of acquisition and development of said NORTH
DINNER KEY PARK, hereby specifying that the said declaration of restric-
tions shall constitute a covenant to run with all of the above described land
and shall be binding upon said City and all who may ever claim under it,
to -wit:
The sale, lease, mortgaging or creation of other
indebtedness or other transfer of NORTH DINNER
KEY PARK, or any interest therein is and shall be
subject to the prior approval of the Secretary of
Housing and Urban Development, his designee or
any successor thereto.
9PM12 41
467 '113()
Said restrictive covenant shall be perpetual and shall apply to and be
forever binding upon the undersigned, its successors and assigns.
IN WITNESS WHEREOF, the City has caused this instrument to
be duly executed in its behalf and,its seal to be hereunto affixed and attested,
ll
all on this / 17 May of ><1(,/ �� st c � r � , 19
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STATE OF FLORIDA:
COUNTY OF DADE :
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SS.
CITY OF MIAMI, FLORIDA
P. W. ANDREWS, City Manager
•
H. D. SOUTHERN, 'City Clerk
Before me, the undersigned Notary Public, in and for the County
and State aforesaid, personally appeared P. W. ANDREWS
City Manager and H. D. SOUTHERN , Clerk of the City of Miami,
Florida, with whom I am personally acquainted and who, upon their
several oaths, acknowledged themselves to be the City Manager and City
Clerk, respectively, of the City of Miami, Florida, and they, as such
City Manager and Clerk of the City of Miami, Florida, Leing authorized to
do so, executed the foregoing instrument for the purposes therein contained
by signing the name of the City by the said P. W. ANDREWS , as City
Manager, and by the said H. D. SOUTHERN , as City Clerk, attesting
the same.
Witness my hand and Notarial Seal at my office in said Dade
County, this / `/ 'IC day of ..- ': y , 19 7_.3 .
NOTARY PUBLIC
tary Public, State of Florida at Large
My Commission Expires: No
My Commission Expires Oct. 14, 1973
ni. 5333 ''t 155
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WARRANTY DEED
For and in consideration of the sum of Ten Dollars and other good
and valuable considerations, receipt of which is hereby acknowledged, we
CARLTON A. HUNT, also known as C. A. HUNT, joined by VIRGINIA B. HUNT, his
wife, do hereby grant, bargain and sell to THE CITY OF MLAMI, FLORIDA, a
Municipal corporation, whose address is
its successors and assigns forever, the following described property,
situated in Dade County, Florida, to -wit:
PARCEL I:
That part of Lot 23, lying Southerly of the South Bayshore Drive in
JOHN T. PEACOCK SUBDIVISION, of the Southeast Quarter of Section 15,
Township 54 South, Range 41 East, and part of Government Lot 1 in
Section 22, Township 54 South, Range 41 East, according to the Plat
thereof, recorded in Plat Book 2, at Page 12, of the Public Records
of Dade County, Florida; together with all riparian and littoral
rights, AND the following described land abutting said land on the
Southeasterly side thereof (heretofore conveyed from the Trustees
of the Internal Improvement Fund of the State of Florida to Carlton
A. Hunt by deed dated September 4, 1963, filed September 7, 1963,
and recorded in Official Records Book 3839 at Page 233 of said public
records) to -wit:
Commence at the Northwest corner of the Northeast Quarter of said
Section 22; thence North 87°30'13" East, along the North line of
the Northeast Quarter of the said Section 22 for a distance of 254.06
feet; thence South 45031'57" East for a distance of 26.89 feet to a
point on the Southeasterly right of way line of South Bayshore Drive
as located through a portion of the Estate of John T. Peacock, Plat
Book 2, at Page 12, of the Public Records of Dade County, Florida, and
a point on the circular curve whose center bears South 45°31'57"
East from said point; thence Northeasterly along the Southeasterly
right of way line of the said South Bayshore Drive and along sand
circular curve having a radius of 2,892.36 feet through a central
angle of 8°23'32" for an arc distance of 423.65 feet to the inter-
section thereof with the Northeasterly boundary line of Lot 23 of
the said Estate of John T. Peacock and the Southwesterly line of the
plat of Rockerman Heights, Plat Book 53, at Page 27, of the Public
Records of Dade County, Florida; thence South 28045'47" East, along
the Northeasterly boundary of the said Lot 23 and its prolongation
Southeasterly and along the Southwesterly boundary of the said Rocker -
man Heights for a distance of 938.52 feet to a point on the Dade
County Bulkhead Line and the point of beginning of the tract of
submerged lands herein described; thence South 60°21'30" West
along the Dade County Bulkhead Line for a distance of 76.13 feet;
thence North 30°43'18" West for a distance of 698.58 feet, more
or less, to the intersection of the Southwesterly boundary of the
said Lot 23 with the mean high water line as shown on the said plat
of Estate of John T. Peacock; thence Northeasterly, meandering the
mean high water line as shown on the said plat of Estate of John T.
Peacock for a distance of 100 feet, more or less, to a point on the
Northeasterly boundary of the said Lot 23 and a point on the South-
westerly boundary of the said plat of Rockerman Heights; thence South
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PADGETT. TEASLEY & NILES. ATTORNEYS AT LAW: 2505 PONCE DE LEON BOULEVARD. CORAL GABLES. FLORIDA
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84b / 1232
13 ,. 280 45' 47" East along the prolongation Southeasterly of the North-
easterly boundary of the said Lot 23 and along the Southwesterly
boundary of the said Rockeman Heights for a distance of 688.52 feet,.,
more or less, to the Point of Beginning. ""
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PARCEL II:
All that part of Lot 24 as exhibited on the Plat of JOHN T. PEACOCK
ESTATE, according to the Plat thereof, recorded in Plat Book 2, at
Page 12, of the Public Records of Dadt County, Florida, which lies
Southeasterly of the Southeasterly right-of-way line of South Bayshore,.
Drive, and the following described land abutting said land on the
'Southeasterly side thereof (heretofore conveyed from the Trustees of
the Internal Improvement Fund of the State of Florida to A. B. Thomas
by deed dated August 26, 1963, flied September 23, 1963, and recorded
in Official Records Book 3832, at Page 559, of said public records)
to -wit:
Commence at the Northwest corner of the Northeast Quarter of Section
22, Township 54 South, Range 41 East, Dade County, Florida; thence
North 870 30' 13" East, along the North line of the Northeast Quarter
of said Section 22, for a distance of 254.06 feet; thence South 450
31' 57" East for a distance of 26.89 feet to a point on the Southeasterly
right of way line of South Bayshore Drive as located through a portion
of the Estate of John T. Peacock, Plat Book 2, at Page 12, of the Public
Records of Dade County, Florida, and a point ofl a circular curve whose
center bears South 45 degrees thirty one minutes 57 seconds East from
said point; thence Northeasterly along the Southeasterly right of way
line of South Bayshore Drive and along said circular curve having a
radius of 2,892.36 feet through a central angle of 4 degrees 52 minutes
12 seconds for an arc distance of 245.84 feet to a point on the South-
westerly line of Lot 24 of the said Estate of John T. Peacock; thence
South 28 degrees 45 minutes 47 seconds East, along the Southwesterly
line of the said Lot 24 for a distance of 200.0 feet to the mean high
water line of Biscayne Bay as shown on the said Estate of John T.
Peacock and the point of beginning of the tract of land herein described;
thence South 32 degrees 05 minutes 08 seconds East for a distance of
710.50 feet to a point on the Dade County Bulkhead Line; thence North
60 degrees 21 minutes 30 seconds East along the Dade County Bulkhead
Line, for a distance of 57.10 feet; thence North 30 degrees 43 minutes
18 seconds West for a distance of 698.58 feet to the intersection of
the Northeasterly boundary of the said Lot 24 and the mean high water
`: .rrt line of Biscayne Bay as shown on the said Estate of John T. Peacock;
;ra�I ''T thence Southeasterly, Southwesterly and Northwesterly meandering the
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mean high water line of Biscayne Bay as shown on the said plat of the
Estate of John T. Peacock for a distance of 168 feet more or less to
the point of beginning.
PARCEL III:
All that part of Lot 25 and the Northeasterly 25 feet of Lot "0" of
the Estate of John T. Peacock according to the Plat thereof, recorded
in Plat Book 2, at Page 12, of the Public Records of Dade County,
Florida, which lies Southeasterly of the Southeasterly right of way
line of South Bayshore Drive in the City of Miami, Florida, and the
following described land abutting said land on the Southeasterly side
thereof (heretofore conveyed from the Trustees of the Internal Improve-
ment Fund of the State of Florida to Martha Boyd Siekman by Deed No.
23930 (420-13) dated March 1, 1965 and filed in said public records
on March 15, 1965 under Clerk's File No. 65R-39976) to -wit:
L.: • —
- 9 -
PADGETT. TEASLEY 6 NILES. ATTORNEYS AT LAW. 2505 PONCE DE LEON BOULEVARD. CORAL GABLES, PLORIDA
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A tract of submerged land in Biscayne Bay in Section 22, Township
54 South, Range 41 East, Dade County, Florida, lying Southeasterly
of Lot 25 and the Northeasterly 25 feet of Lot "0" of the Estate
of John T. Peacock 2/12 between the Dade County Bulkhead Line and
the mean high water line as shown on the said plat of John T.
Peacock, Dade County, Florida, more particularly described as
follows:
Commence at the Northwest corner of the Northeast Quarter of said
Section 22; thence North 87 degrees 30 minutes 13 seconds East,
along the North line of the Northeast Quarter of the said Section 22,
for a distance of 254.06 feet; thence South forty five degrees thirty
one minutes fifty seven seconds East for a distance of 26.89 feet to
a point on the Southeasterly right of way line of South Bayshore
Drive as located through a portion of the Estate of John T. Peacock,
Plat Book 2, Page 12, of the Public Records of Dade County, Florida,
and a point on a circular curve whose center bears South 45 degrees
31 minutes 57 seconds East from said point; thence Northeasterly
along the Southeasterly right of way line of the said South Bayshore
Drive and along the said circular curve having a radius of 2,892,.36
feet through a central angle of 4 degrees 52 minutes 12 seconds for
an arc distance of 245.84 feet to a point on the Northeasterly line
of Lot 25 of the said Estate of John T. Peacock; thence South 28
degrees 45 minutes 47 seconds East, along the Northeasterly line of
the said Lot 25 for a distance of 200.00 feet, more or less, to the
mean high water line of Biscayne Bay as the same is shown on the said
Plat of the Estate of John T. Peacock and to the point of beginning
of the tract of land herein described; thence South 32 degrees 8
minutes 5 seconds East for a distance of 710.50 feet to a point on
the Dade County Bulkhead Line; thence South 60 degrees 2t minutes
30 seconds West, along the said Dade County Bulkhead Line for a
distance of 95.17 feet; thence North 34 degrees 22 minutes 40 seconds
West for a distance of 731.99 feet to the mean high water line of
Biscayne Bay as the same is shown on the said Plat of the Estate of
John T. Peacock, said point being located 25 feet Southwesterly from,
as measured at right angles to, the Northeasterly line of Lot "0" of
the said Plat of the Estate of John T. Peacock; thence Northeasterly,
meandering the mean high water line of Biscayne Bay, as the same
is shown on the said plat of Estate of John T. Peacock, for a distance
of 128 feet, more or less, to the Point of Beginning.
Together with any and all riparian rights thereunto belonging or in
anywise appertaining.Subject to oil and mineral reservations held
by the State of Foda.
This conveyance is given subject to taxes for the current year,
to applicable zoning ordinances, and to conditions, restrictions and
limitations of record as to the use of the property.
The said grantors fully warrant the title to said land, and will
defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
r / '=( day of December, 1966.
Signed in the presence of
•)/
/4'3i/(SEAL)
1 (SEAL)
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PADGETT. TEASLEY & NILES, ATTORNEYS AT LAW, 2505 PONCE DE LEON BOULEVARD. CORAL GABLES. FLORIDA
8467 .: L? 34
STATE OF FLORIDA )
COUNTY OF DADE )
t
I HEREBY CERTIFY that on this day before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally
appeared CARLTON A. HUNT, also known as C. A. HUNT, joined by VIRGINIA
B. HUNT, his wife, to me well known to be the persons described in and
who executed the foregoing instrument, and acknowledged before me that
they executed the same freely and voluntarily.
WITNESS my hand and official seal in the County and State last aforesaid
this :;,,_/ day of December, 1966.
-T - :1 1 1l
s Notary Public, State of Florida' , 1 , ,,,
My Commission Expires
My
State of County cf Dade.
This instrure5t r11v r.f
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PADGETT. TEASLEY 8 NILES. ATTORNEYS AT LAW. 2505 PONCE DE LEON BOULEVARD. CORAL GABLES. FLORIDA
E 846'1 -d235
vs.
............... •
' ..1 �, ' r•"' I )
).
Plaintiff, )
)
)
Defendant.:. )
.......... )
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR DADE COUNTY
NO. (', is 11262
CERTIFICATE OF TITLE
I, E. B. LEATHERMAN, Clerk of the above'entitled Court, DO HEREBY CERTIFY
that heretofore, on the ;'.t'-1 day of •'.:ine. 19 67 , I executed and
filed herein my Certificate of Sale of the mortgaged property, and that 1w:objections to such sale
have been filed herein on or before the date hereof, and that 10 days have elapsed since the
filing of said Certificate of Sale. • a, -' t' J
That, as recited in said Certificate of Sale, the mortgaged property described as
follows, to —wit: 1 ,4, 11 ..c.l 1:, [nook 43 of tt,ul of .1 -:11;, .t i.,u.i IVur t....t
F..\N:l•EL 1:iRRiU:•:S .\MENDED a ttt•It:l if 4( tit.. hVrti,u,,
1'LA. I.•: Xi•:11• LISC,',1•NE ac- 1y sill. .i ,1 i. ,au1 1.1
4,1%iin� L.
t;.• 1'I..t the't•u(. t'•' I:i•n'.: 4i .. •.l•..:u•l..11,:it%t-
t,•t it• t: 1' 1: It. :It ;I.I.: ` ,r:. tr..1."`skit f, ...t'i h t;l
J.i. .l i' .ii:i, ? of
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11,,., • \• :,.i'. r: ..:a; . 1,0, Cwt...n.t• .'... by P: C. S1.lt. , I
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tt. i•y t: „tili.l: t' 't• •i ;o' 1.1,i u: 1_•i ..ays
, r:: , in!. . , :.I i.. t ,1;.1:� f 1.1:n t:,.•• :,it•' :.,:.• .i.Uii l:...€
4': .. •lc: tl:, ;1Ltt ❑L•r• - !l5 r.,t .,f 1..1, 11-.;rt:t,ll.
1.1 •.: ..1. : l., lrtr Utut.•1
:::.:..Irc+ 11 it..•r i..tat. tts
taro'
t.tctts!:. .1: 1. ,•.,.ui,•u at: 11.t south-
,'.t-t: I:C ..• by the 1:1:::..1
zit:'. . 1:`I. t...t. Lin.. as II0'W
• .. .,... :I.1 1, . on t,..
11r•:. ••11'. -1 i., ity 1•. 1:' t'11:-
,t. :tit, .:. L.": 14. iJioc:. 4:
a.i ..tN u:t C tt t,.1.:. .t .t(nIVs.t:
♦l `:. •I " •.. ••••t l • to 11!
1 .II:,••: •'4I' + il:..:.,.1• l:..t• .1•i
,tt\• It. ,i ,.:i 1. •I':. .1 1•..:rtt. :,t.l
11c:.:.•r ;PI :V:i•', .1;1;,rlelldat t.)
. ::......n.t.. St.•L:oJ(it:1' to Iirtiit.t-
was sold by me to
,...,.,
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who now has title thereto.
WITNESS my hand and the official Seal of this Honorable Court, this
of 'l'' • 19 7 .
State of Florida, County of Dade,
This instrument was filed for record and recorded
this day of 196 at M.
and duly recorded in Circuit Court Minute Book
on page , and in Official Records Book ±;,t=
on page 4.57 File No. 6 R.
E. B. Leatherman,
Clerk Circuit Court
131
day
E. B. LEATHERMAN, Clerk
By (-)��:�
D.C.
1115.01-145
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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY
JC1S?H A. .ihT1 WJANTEL1 )
Plaintiff,
—vs—
VAUGFAII i.. jUtINELLY, et al,)
Defendants )
NO. 66U 11262
CERTIFICATE OF SALE
I, E. B. LEATHERMAN, Clerk of the above entitled Court do hereby Certify that
pursuant to the directions of the Court in its Final Decree of Foreclosure entered herein, I gave
notice of Public Sale of the mortgaged property described in said decree, by publishing same
in fiami fleview , a newspaper circulated in Dade County, Florida, in the manner
evidenced by Proof of Publication hereto attached, and on the 8 day of June
19 67 , offered the mortgaged property desrrihvrl Pc fntlnwc •
11•,1,4,r ;,,tl
t..:. . ,t..1 l:. .1: tllt•r wan
tu.\' :1t..1 oar, .r,inr.:i.t.i .u.l
\v..t«r ;1I itn:itlt to
s;:kJP:u'!' to tt.tlic.t-
h..0 l.tutl (twr t •••t
1:1 ttY•It:. 41 o: t:.t' I ut'ti.wc-L.1'-
ty
,' 43 r. :n•l nut1.1.\1-
E. l'. tiLu,..1
:.1 .1y .\. .i. . I,i.. r:
t... t:. 1 11•nu;
t• i111i• . 1. 1 •..1. , L •lit l'll :..tll
1 1 \t:.' S.'. Ilu)1
t11 l•'' 1111t�' ..1y 1. it .1•'.1
('r.,p• ..i• :.�.1 12•)
11 •.Itt ti♦..t•• 1, ri..u1 have
.:. 1'i. .0 ,1 1• .•':I.;,I:u11.
Lot.. I; .11,1 1 U:•,r'.
t't NEW
c••r.1u; tl: Plot a:.'r.•.li 1•
11S 1 l., i':'l,lo v11:
I .11.1 tc .ul, le, • 11
1 :... 1 .a; 1. .:i.• -11:.
,l•�t.. .. ,..:\ .....-.. ..
Cr 1':. '.\ I;• l:.. .. i'. :IUI'.
1..',.._ . I l
1. •1,1. t \
,..t ..t.
L.'.,.. ,
\l'I. -1' : il'. . . . .... .,1.1:1 `•` -1-
j:•.l. 1111 l.• . i.:ii.` • ,
.,t: 1. nl ,.. ..1 0:1 ...
I-1, I n:,• ir: iilc u1t,.l
L.:. ::s u..w
...-t• t 1 `.u.' u: Lot 11. 1'.:urn .-
.•t
N1• .. 11, .• .:1 .t1. r,l•. cla•r,.t
for sale at public outcry to the highest and best bidder for cash, and at such sale the highest
and best bid received for said property was that submitted by
:,IrY :.F .4I;uiI„FLORIDA, a :-iuni�i al Co^poration_j_•
being a bid in the amount of S , and I thereupon accepted such bid and sold said
property to the said Tilia7 CITY OF jIAif1I,_i_L(Giil:)Aia Municipal Corporaticn, c/o i .L. Reese,
City :tanager, i inndr Key, . iauii, Florida
and have retained the proceeds of such sale for distribution in accordance with the directions
of said decree.
I have received my fee of Ten Dollars (S10.00) for making the sale, same being
paid by '1:ti; CITY :JF :iIA:iI, I.LOt3IDA, a :iunicipai corporation
WITNESS my hand and the official seal of this Honorable Court, this __ .8th__
day of V. June 19 _67
E. 13. LEATHERMAN, Clerk,
BY
1•S.31 - 141
Deputy
4.
t4: i7 ;;Itt: ll:lilt P1I: irt1
846 i -123
O.
)
Itt THE CIRCUIT COURT 0F THE ELEVENTH
1JUnICtAL CIRCUIT OF FLORIDA, IN AND
FOR WADE COUNTY
CHANCERY N0.
', )
Plaintiff, )
vs. ) REPORT AND
CERTIFICATE OF DISBURSEMENT
)
Defendant, )
)
I� E. B. LEATHERMAN, Clerk of the Ciruit Court in compliance with
the Final Decree entered in the above entitled cause did sell to
.,j• ... _ , i i ( :! ` L1Ti.1ci'•� ' corr. r .t.1/2'",
the property described therein and made this Report and Certificate of
Disbursements:
. Amount Bid $
Disbursement:
Pd.
• • •
(
.°_5
��.•
,•5
Leaying n Surptu4 nf_ $ 1 ,722.55
WITNESS my hand and Official Seal of this Honorable Court, this
2Lt day of •ure ,A.D. 196 7
E. B. LEATHERMAN,
Cler Circuit Court
By
,_ .
Deputy Clerk
:_ , y
U 3 c v7-v•J rim t CAI
S46 r :1230
IC .'i' CIRCUIT coulo OF TH:; :,LEV.',IITH
JUDICIAL CI .CUIT 0? F LO:LID,t IN ArD
FO:t DAD , COMITY CIVIL ACTION
I;O. 7O-11E17
T ? CITY OF i.;I.;i•tI, a municipality
organized and existing under the
laws of the State of Florida,
Plaintiff,
vs.
%' ;LLAC'.; D. CULB:):rT30 ?, et al.,
Defendants.
/ r' -j
C? T IFICA T .; OF P AYI•L,I:T
I, E. B. LEATH-,RILL, Clerk of the Circuit Court in
and for Dade County, Florida DO HER 23Y C 2TIFY that the amount
of 2, 797, 500.00 Ls ordered in FINAL JUDGI.JEtdT AG TO PARCLL NOS.
E-1533.2; AID =,--1533.5, filed December 13th, 1972 in
the above styled cause and recorded December 14th, 1972 in
Circuit Court Official Record Book 8031 page 217, has this date
been paid into the Court Registry Fund by the City of Miami.
i'IITN.,33 I.Y HAND AND OFFICIAL SEAL this the
day of December, A.D. 1972.
L. B. LEATHERI•►AN
Clerk Circuit Court
AA,
,f •.
••s• y, •
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•
•
By 79f. 72 2 . 2‘:-6'`� e.i...
•
Deputy Clerk , .
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8467 F:1Z
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IDt'',
AN FOR DADE COUNTY, SLORIDI
' CIVIL ACTION
THE CITY OF MIAMI, a )
municipality organized and.
existing under the laws of )
the State of Florida, '
Petitioner,
WALLACE D. CULBERTSON and
FLORAINE E. CULBERTSON, his
wife,. et..aZ., .. '
We, the Jury, find for the Plaintiff, as follows:
FIRST; That an accurate description of the property
taken herein is the following:
r
'PARCEL E-15 3 3. 2
All of Lots 10, 11, 12 and 13, Block 43, of Amended Plat
of NEW BISCAYNE,.a, recorded 'in Plat Book "B" at Page 16
of the Public.Records of Dade County, Florida, and that'
land which is the extension of the above lots, lying :'
between the original shore line and the Dade County.
Bulkhead Lice.•' '
PARCEL E-1533.3 ,
All of Lots 4, 5, 6, 7, 8 and 9, Block 43, of Amended
Plat of NEW BISCAYNE, as recorded in Plat Book "B" at
Page 16 of the Public Records of. Dade County, Florida,
and that land which is the extension of the above lots,
lying between .the original'shore line and the Dade
County -Bulkhead Line: •y , ? =
PARCEL E-1533.5
A11 of that portion of Lot "0" of the ESTATE OF JOHN T.
'PEACOCK, according to the Plat thereof recorded in
Plat Book 2 at page 12 of the Public Records of Dade
.County, Florida, LESS the Northeasterly 25 feet thereof,
which lies between the Southeasterly line of South Bay
Shore Drive and the West shore line of Biscayne Bay;'
and that land which is the extension of said Lot "0"
lying between the original shore line'ard the Dade County
Bulkhead Line. .
••,
•...
8467 ':1244
IN THE CIRCUIT COURT OF THE I1TE.
.JUDICIAL CIRCUIT 'LAND FOR
DADE COUNTY, FLORIDA
No. 7a--11217 (Judge Falk)
THE CITY OF MIAMI, a municipality
organized and existing under the.
laws of the State of Florida,
Plaintiff,.
.vs.•
WALLACE D. CULBERTSON,et. al:,
Defendants.
l
FINAL JUDGMENT
' AS TO PARCELS E=1533.2;E=1533.3;' E-1533.5
THIS CAUSE came on for'trial'and the jury having been.
impanelled and sworn to try what compensation shall be made to
the defendants for the property sought to be appropriated; and.
the plaintiff having presented its evidence; following which
both sides rested without the presentaai.on of any evidence by
the defendants; and the plaintiff having thereafter moved for a
directed verdict in the amounts testified to by its valuation
expert; and the Court having granted said motion; and the jury
having heard the evidence and charges of the Court and having
retired to consider its .verdict, returned the following ver-•
-
.r
•
t 8467 1241
•
It is thereupon CONSIDERED, ORDERED and ADJUDGED
that the plaintiff shall deposit the amount stated in the ver-
dict of the jury, set forth above, into the Registry of the
Court for the use of the defendants named in said verdict as
to their respective parcels within twenty (20) days after the.
rendit:.on of this Final Judgment; or these proceedings and
this Final Judgment shall stand and be null and. void without
further notice of this Court.
It is further CONSIDERED, ORDERED and ADJUDGED that.
upon such deposit andthe entry of the proper records in the ..:. ,
' Clerk's Office of the Judgment and the Clerk's Certificate
that the compensation herein provided has been paid into the
Court, the fee simple title in and to the property described
in the petition and as set forth above sought to be appropriated'
by the plaintiff shall vest in the plaintiff, and it may enter
upon and appropriate the property for the uses aforesaid upon
such deposit.
.It is further CONSIDERED, ORDERED and ADJUDGED that..
the jurisdiction of this Court is hereby reserved for the
determination of and the taxation of the defendants' costs
of these proceedings in the Circuit Court, including reasonable
attorneys' fees, pursuant to §73.091 of the Florida Statues.
and for the disposition of any other matters arising from the
taking, pursuant to §73.161 of the Florida Statutes.
DONE and ORDERED in Chambers, at Miami.,. Dade County,
Florida, this 13th day of December 1972.
SIATC OF FLORIDA )
COUNTY OF D! DE )
This Copy is a true Copy of the Oiginal on file
in this fice. `11Tf>IS,SS my hand and Official Seal,
Tar�..day of✓ '�.=_.._A.D., 19 f
•
E. B. LEM-HERMAN,
Cjrr •;u" uou i
D.C.
',JACK A. FALiK
CIRCUIT JUDGE
•
• M.
SECOND: That the compeAsation to be made by the
Plaintiff for the above described parcels of land is as follows&
For Parcel No. E-1533.2 described above, owned by
WALLACE D. CULBERTSON and FLORAINZ H. CULBERTSON, his wife; and
• subject to the interestof E. F. P. BRIGHAM, of Brigham & Brigham;
Law Firm, JAMES PILAF LAN, and THE CITY OF M2IAbMI, FLORIDA; and
subject to the TAX COLLECTOR, DADE COUNTY, FLORIDA, we find.tho
compensation to be made therefor'is.as. follows:
Amount of money to be paid -
for $'S77,500.00
the land taken
For Parcel No..E-1533.3 described above, owned by
CHRISTIAN WITTZOW and WINIFRED WITTROW,-his wife; subject to the
TAX COLLECTOR, DADE COUNTY, FLORIDA, we find the compensation to
be made therefor is as follows:
Amount of money to be paid
for the land taken
For Parcel No. E-1533.5 described above, owned by
783,000.00
MARGARET M. HOVEY, a widow;
: and subject.
to the interest of TAX COLLECTOR, DADE COUNTY, FLORIDA, we find
is as follows:
the compensation to be made therefor
Amount of money to be paid
for the land taken,.
1,437,000.00
So say we all, this 12th day. o£ Deceer, A. D., 1972,
at Miami, Dade County, State of Florida. .
s/ Mildred Katz
FORE.v.AN
,,
411
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29 W.1 11.3�
:OUR-1
r "-s`' c 55 PACE Te5
EEC 29 Fri 12 05 -
84t / 1243
ani
rr
THT; CITY OF MIAI/I, a
municipality orsanized and
existing; under the laws of
the State of Florida,
Plaintiff,
V J •
WALLAC 3 D. CULBERTSON,
et
Defendants.
II'I THT CIRCUIT COURT OF TH 11TH
JUDICIAL CIRCUIT OF FLORIDA. -
AND FOR DAn COUNTY
CIVIL ACT1ION NO. 70-11817
CERTIFICAT :; OF PAYMENT
NT
I, E. B. LEATII_MIAN, Clerk of the Circuit Court
in and for Dade County, Florida DO HERBY CERTIFY that the
amount of $2, 200, 000.00 as ordered in FINIAL JUDGMENT AS TO
PARCEL NO. E-1533.4, filed December 13th, 1972 and recorded
December 14th, 1972 in Circuit Court Official Record Book
8031 on Page 207, in the above styled cause has this date
been paid into the Court Registry Fund by the City of Miami.
;ITNESS MY HAND AND OFFICIAL SEAL this the c214
day of December, A.D. 1972.
E. B. LEATII';RMAII u
Clerk Circuit Court .'',; ; c ' .''1
:4 - - .
3y / 7 . 7�./2. %--%'i✓ r: .
Deputy Clem , '
•ti. ,
‘.11 . 0f':;:..; 01 file
_..li U,rpjai Seal
... D.C.
Jam
•
• • •
• • ' • r
• �• a•...
.- C
THE CITY OF MIAMI, a
municipality organized and
existing under the laws or
the•State of. Florida, .
Peti.tionQr, .
vs.
)
)
)
SIM 1 12440
IN TEE CIRCUIT COURT OF THE:
ELEVENTH JUDICIAL CIRCUIT IN
• AND FOR DADE COUNY,.. FLORA
CIVIL' ACTIONS -
•
). ! ' NO:. • 70--1181? . trudge. Falk).
•
WAtLACS- D. eULBERTSON and
FLORAS= 11. CULBERTSON, his .•.- )
wife,• et al., •
Defendants.
)
•
VERDICT
We, the Jury, find for the Plaintiff, as followa:
FIRST: That an accurate description of the property
, ' taken herein is the following:
•
•• • •
PARCEL E-1533.4
Ali of Lots 1, 2 and 3, Block 43, of the
' ,Amended Plat of NEW BISCAYNE, as recorded
, in Plat Book "3" at Page 16 of the Public•
Records of Dade County, Florida, and that•
land which is the extension of the above
lots, lying between the original'shore
;'line and the Dade County Bulkhead Line.
• 1•
•
•
•
8467 124r
•
IN THE CIRCUIT COURT OF' THE LITE
•JUDICIAL CIRCUIT IN AND FOR
DARE COUNTY, FLORIDA
No. 70-11817 (Judge Falk)
THE CITY OF MIAMI, a municipality
organized and existing under the
laws of the State of Florida,.
Plaintiff,:
vs.
'WALLACE D. CULBERTSON, et al.,
. Defendaats.....
l
FINAL. JUDGMENT
A s' T'O' PARCEL E-1537. 4
THIS CAUSE care . on for trial and the jury having been. . .
-impanelled and sworn to try what compensation shall be made to
the defendants for the property sought to be appropriated; and
the plaintiff having presented its evidence; following which
both sides rested without the presentation of any evidence by
the defendants; and. the plaintiff having thereafter moved for a
directed verdict in the amounts testified to by its valuation
expert; and the Court having granted said' motion; and the jury
having heard the evidence and charges the Court and having:
retired to consider its verdict, returned the following•ver-•
diets
•
84&/ �124 "
IN THE CIRCUIT COURT OE" THE 11TK
JUDICIAL CIRCUIT IN AND FOR
DADE COUNTY, FLORIDA
No. 70-11817 (Judge Fails)
THE CITY OF MIAMI, a municipality
orgapized and existing under the
laws of the State of Florida,
Plaintiff, :. -
VS.
WALLACE D. CULEERTSON, et al.,
.Defendants....
l •
FINAL. JUDMENT
• AS' TO PARCEL E -1513'. 4
THIS CAUSE. came . on fo= trial and the jury having been-.
.impanelled and sworn to try what compensation shall be made to
the defendants for the property sought to be appropriated; and
the plaintiff having presented its evidence; following which
both sides rested without 'the presentation of any evidence by
the defendants; and. the plaintiff having thereafter moved for a
directed verdict in the amounts testified to by its valuation
expert; and the Court having granted said motion; and the jury
having heard the evidence and charges of the Court and having.
retired to consider.i,ts verdict, returned the following•ver—
.
diets •
•
•
84Ei / •12
•
It is thereupon CONSIDERED, ORDERED and ADJUDGED
.that the plaintiff shall deposit the amount stated•in the ver—
dict of the jury, set forth above, into the Registry of the
'Court for the use of the defendants named in said verdict as
to their respective parcels within twenty (20) days after the
rendition of this •al Judgment; or these proceedings and
this Final Judgment shall stand and be null and void without
further notice of this Court.
It is further CONSIDERED, ORDERED and ADJUDGED that
upon such deposit and the entry of the proper records in the
Clerk's Office of the Judgment and the Clerk's Certificate
that the compensation herein provided has been paid into the
Court, the fee simple title in and to the property described
in the petition and as set forth above sought to be appropriated
by the plaintiff shall vest in the plaintiff, and it may enter'
upon and apprpriate the property for the uses aforesaid upon
such deposit.
It is further CONSIDERED, ORDERED and ADJUDGED that
the jurisdiction of this Court is hereby reserved for the
determination of and the taxation of the defendants' costs
of these proceedings in the Circuit Court, including reasonable
attorneys' fees, pursuant to S73.091 of the Florida Statutes
and for the disposition of any other matters arising from the..
taking, pursuant to S73.101 of the' Florida Statutes.•
DONE and ORDERED in Chambers, at Miami, Dade County,
Florida, this lth day of December 1972.
::1'I TE OF FLORIDA )
COUNTY OF 'DADE )
This Copy is a true Copy of the Original On file
in this fffce. �'WITNESS,my hand and Official Seal,
This./.: day of.C'iVe—r A.D. 19- .
E. B. LEATHERVI,
Clerk c Coil
By
•
:Mac A. FA!.'t
CIRCUIT JUDGE
.3.
. .+Mi.ews ::c r2!T ":.'_':�"y
�.: .. '_.-_eTS:"S.=�:_._. ._tom d.i.�a♦e_. t.�7CT :.r..
•tiwena , -
.s++yri-awl+
• b46r 1Z4 T
SECOND: : That the compensation to be made by the
' • Plaint .ff for the above described parcels of land is as follows:
For Parcel No. E-1533.4 described above, owned by
P•IIRACOPA CORPORATION, a Florida corporation, SAM I. SILVER, CARLOS
GARCIA, RICHARD R. REYNOLDS; and subject to the interest of
ATLANTIC MUNICIPAL CORPORATION, BROOKS CO. , CHARLES• ZEMEL and' ' '
• INTER NATIONAL BANX OS MIAMI.; and the interest: of . TAX COLLECTOR,
DADE COUNTY, FLORIDA, va►in the compensationtobe mada therefor
is as follows:
Amount of money to be paid
for the land taken
$ 2,200,000.00
So say we all, this llth day og December, A. D., 1972,
at Miami, Dada County, State of Florida.
' •
I
•
/s/ Samuel K. Albury
?OREI'JA►r
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.....'Trs+0 . ...Ar... '.."^�' /"-... ..'1. ,. ....A � -,.�7. "�'^: C�:-ft �.Y-�{�7"M� _.�. RY�':t.. arr.— .'Y ,i 1.".
RHT/cc
8/28/73
to enter
mortgage
transfer
46 r _1 4S
RESOLUTION NO. / 3 - 9 3
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO ENTER
INTO A COVENANT WIfi THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT PURSUANT
TO Title VII OF THE HOUSING ACT OF 1961,
PUBLIC LAW 91-609, 84 STAT. 1781, 42
U.S.C. 1500, AGREEING NOT TO SELL, LEASE,
MORTGAGE OR CREATE ANY OTHER INDEBTEDNESS
OR ANY OTHER TRANSFER OF REAL PROPERTY
INVOLVED IN THE EXPANSION OF NORTH DINNER
KEY PARK WITHOUT PRIOR APPROVAL OF THE
SECRETARY OF THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.
WHEREAS, it is necessary for the City of Miami
into a covenant agreeing not to sell, lease,
or create any other indebtedness or any other
of the real property involved in the expansion
of NORTH DINNER KEY PARK without prior approval of the
Secretary of the Department of Housing and Urban Development
in order to receive a grant of assistance for the
expansion of the said NORTH DINNER KEY PARK;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. That the City Manager and the City
Clerk be and they are hereby authorized and directed to
enter into a covenant with the Department of Housing and
Urban Development pursuant to Title VII of the Housing Act
of 1961, Public Law 91-609, 84 Stat. 1781, 42 U.S.C. 1500,
G
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Soh ..1249
agreeing not to sell, lease, mortgage or create any
other indebtedness or any other transfer of the real
property involved in the expansion of NORTH DINNER KEY
PARK without prior approval of the Secretary of the
Department of Housing and Urban Development.
PASSED AND ADOPTED this /3 day of � .1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
Assistant City Attorney
John S. Lloyd
Assistant Director of Law
APPROVED AS TO FORM A
%16.1k
//J
N I r (
Alan H. Rothstein
City Attorney
CORRECTNESS:
., .,it;'t J<<r,4. S, fitof SOUK
4 .-, • ,n
Blf.11 tnib fi. HPINKER.
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