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Reso 2010-1521
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Reso 2010-1521
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Last modified
7/1/2010 9:43:14 AM
Creation date
2/3/2010 1:57:43 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1521
Date (mm/dd/yyyy)
01/28/2010
Description
Ratify Partial Stipulated Order of Taking for Property at 215-255 Sunny Isles Blvd
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<br />- <br /> <br />e <br /> <br />e <br /> <br />Defendants, LINDA J. MARKS, STEPHEN R. MARKS, LEROY WIENER, JACK BURSTINER, <br />W-Z SUNNY ISLES, LLC, a Florida limited Liability Company, SARITA WIENER, CO- <br />TRUSTEE OF TIlE LEROY WIENER FAMILY TRUST AND CO-TRUSTEE OF TIlE <br />LEROY WIENER MARITAL TRUST, AUSTIN A. FRYE, ESQUIRE, CO-TRUSTEE OF TIlE <br />LEROY WIENER FAMILY TRUST AND CO-TRUSTEE OF THE LEROY WIENER <br />MARITAL TRUST, and DOUGLAS WIENER the parties to this Partial Stipulated Final Judgment <br />(hereinafter collected referred to as the "Parties'') <br />2. 1bat the pleadings in this cause are sufficient; <br />3. 1bat Petitioner is properly exercising its delegated authority; <br />4. 1bat Parcel A is being acquired for a public purpose, namely for the construction, <br />development and use as a public park, public parking and' recreational facilities and public open <br /> <br />space; <br /> <br />5. That the taking of Parcel A is reasonably necessary to serve the public purpose for <br /> <br />which said property is being acquired; <br />6. That the Declaration of Taking filed in this cause by the Petitioner for the entry of <br />the Partial Stipulated Order of Taking was made in good faith and was based upon a valid appraisal; <br />For purposes of Florida Statute Chapter 74 only; <br />7. That, pursWlnt to F.S. F4.051 (3), Petitioner shall deposit into the Court Registry its <br />good faith estimate of value of Seven Million Seven Hundred Thousand and No/100 Dollars <br />($7,700,000.00) within twenty (20) days from the date of this Order. Upon the making of said <br />deposit ("Deposit'') and the Certificate of the Clerk of the Circuit Court that said sum has been <br />deposited, fee simple title and interest to Parcel A, as described in the Amended Petition, and as <br />described in Exhibit "An attached hereto, shall be vested in the Petitioner; <br /> <br />2 <br />
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