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Resolution 79-15897 RESOLUTION NO. 79-15897 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING THE NECESSITY OF SAID CITY EXERCISING ITS POWER OF EMINENT DOMAIN IN ORDER TO ACQUIRE A CERTAIN PARCEL OF PROPERTY ON TERMINAL ISLAND, MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECU • - TION OF CONTRACT TO PURCHASE SAID PROPERTY, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS IN THE EVENT THE OWNER OF SAID PARCEL REFUSES TO EXE- CUTE A CONTRACT PURCHASE AND SALE; AND AUTHOR- IZING THE EXPENDITURE OF A SUM NOT TO EXCEED $15, 000 IN CONNECTION WITH THE CLOSING OF SAID PROPERTY AND FOR THE INSURANCE OF TITLE THEREON. WHEREAS, the City Commission of the City of Miami Beach, Florida did on the 18th day of January, 1978 , by its Resolution No. 78-15528 declare a certain parcel of property located on Terminal Island, Miami Beach, Dade County, Florida, presently owned by the Belcher Oil Company, to be necessary for the proper` and efficient operation of said City; and WHEREAS, the City Commission of said City did direct negotiations to be undertaken with the owners thereof prior to the exercise of the City' s powers of eminent domain; and WHEREAS, the City' s Real Estate consultant, S. Z. Bennett has reported to the City Commission that he has negotiated a con- tract of purchase and sale with the owner of said propertyl and WHEREAS,the City Commission finds it in the best in- 1 terests of the City to acquire said property at the price and upon the terms negotiated by the City' s Real Estate consultant; and WHEREAS, in the event that for any reason Seller should refuse to enter into contract of purchase and sale upon the terms outlined by the City' s Real Estate consultant, it will be necessary for said City to acquire the subject property through the exercise of its powers of eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the above recitals are true and correct. OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SECTION 2 . That the Mayor and City Clerk of said City of Miami Beach be and they are hereby authorized and directed to enter into a contract providing for the sale by the Belcher Oil Company to the City of Miami Beach of that certain parcel of land described in Exhibit "A" attached hereto and in- corporated herein by reference and to purchase all of the rightg, title and interest of the Belcher Oil Company in certain easements , on property adjacent to the subject property; said .purchase to be for a total price of $1, 325, 000 for the real estate and removal of certain equipment; said Agreement further providing for Belcher Oil Company to remove certain oil storage tanks presently existing on the subject property and providing for the escrow of a' sum of $315, 400 be held in escrow until such structures and oil storage tanks are removed, and providing for the rental to Belcher of certain dockage rights. SECTION 3: That in the event for any reason the Seller is unwilling to enter into such contract for purchase and sale, the City Attorney be and he is hereby authorized and directed to commence eminent domain proceedings' in order to acquire the property described in Exhibit "A" together with the easements appurtenant thereto. SECTION 4 : There is hereby appropriated from the proceeds of the bonds issued to finance the acquisition of said • property a sum not to exceed $15, 000 for the 'purpose of paying the various miscellaneous and incidental expenses related to the acquisition of said property including all documentary stamp taxes, surtax stamp taxes', recording fees, the cost of title insurance, any survey cQst 'and other fees customary and incident to the closing Qf real property as in the opinion of the City Attorney is necessary. ;.. SECTION 5 : The City Manager be and he is hereby authorized to negotiate such minor matters as may arise during the course of acquisition of said property with respect to date • • -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 of possession, removal of storage tanks and other miscellaneous and sundry items; provided, however, that he shall not have authority to alter the purchase price, except to agree in con- sultation with the City Attorney to prorations which are customary and incident to real estate closings in Dade County. SECTION 6 : That the City Manager, City. Clerk and City Attorney be and they are hereby authorized to do all things necessary or convenient to accomplish the acquisition of the subject property as expeditiously as possible upon the terms set forth in this Resolution. PASSED and ADOPTED this 2nd dp,y of May , 1979. Mayor Attest: City Clerk -3- AHM/mcs OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 UKI(.LNAL RESOLUTION NO. 79-15897 (Reaffirming necessity of CMB exercising its power of eminent domain to acquire a certain parcel of property on Terminal Island,M.B. , authorizing execution of a contract to purchase said property,author- izing/directing City Atty.to institute eminent domain proceedings if owner re- fuses to execute contract purchase/sale; authorizing expenditure of sum not to exceed $15,000,etc.) Imo imp I