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RESOLUTION 88-19167 RESOLUTION NO. 88-19167 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND ACCEPTING THE SETTLEMENT OFFER IN CITY OF MIAMI BEACH V. CARCASSES,_ET AL. , CONCERNING PAYMENT OF $102 , 000. 00 FOR THE TAKING OF PARCEL NUMBER 3 THEREIN, LEGALLY DESCRIBED AS LOT 1, BLOCK 52 , OCEAN BEACH ADDITION NUMBER 3 , PLAT BOOK 2 , PAGE 81, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, PAYMENT OF $2 , 625 . 00 FOR APPRAISER ' S FEES , AND PAYMENT OF $5, 000. 00 FOR ATTORNEYS ' FEES REGARDING TOTAL REPRESENTATION OF SAID PROPERTY, AND FURTHER AUTHORIZING THE APPROPRIATION OF THESE FUNDS FROM THE WIDENING OF WASHINGTON AVENUE BOND FUND 357 INTO WORK ORDER 2947„ WHEREAS, on May 12 , 1987, the City of Miami Beach, Florida, instituted an eminent domain action styled City of Miami Beach v. Carcasses, et al . , Case No. 87-20615, for the purpose of acquiring four parcels of property in Miami Beach for the purpose of widening Washington Avenue; and WHEREAS, as set forth more specifically in the attached letter from Attorney Mal Englander (Counsel for parcel number 3 in the subject lawsuit, said parcel being legally described as Lot 1, Block 52 , Ocean Beach Addition No. 3 , Plat Book 2 , Page 81, Public Records of Dade County, Florida) , settlement of this parcel has been offered upon receipt of $102 , 000. 00 for the subject parcel, $2 , 625. 00 for appraiser' s fees and attorney' s fees in the amount of $5, 000. 00; and WHEREAS, the City Attorney has recommended acceptance of this offer as settlement is economically advantageous to the City of Miami Beach. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA 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; and 2 . the City Attorney ' s recommendation concerning acceptance of the settlement offer from Attorney Mal Englander, concerning parcel number 3 , legally described as Lot 1, Block 52 , 1 Ocean Beach Addition No. 3 , Plat Book 2 , Page 81, Public Records of Dade County, Flordia, in City of Miami Beach v. Carcasses, et al . , is hereby accepted and approved; and 3 . the City Commission thus authorizes the appropriation of $109, 625. 00 ($102 , 000. 00 for parcel number 3 , $2 , 625. 00 for appraiser's fees, and $5, 000. 00 for attorney' s fees) for the settlement of parcel number 3 in City of Miami Beach v. Carcasses, et al. , said monies representing total payment for the taking of said property, and total costs and attorney's fees, and further authorizes that the appropriation of said monies be made into Work Order 2947 from the widening of Washington Avenue Bond Fund 357 . PASSED and ADOPTED this 17th day of 1°;; 0119 1988 40001!!:-.0l. , / •OR ATTEST: /6e-fYL '-akA) CITY CLERK J KO/rg FORM APPROVED LEGL DEP /4k. 1,By Date 2- 2 OFFICE OF THE CITY ATTORNEY 401101P 64 0,400 wead 1- L . -L . O R I D A $Eq 4 ‹cyl ARNOLD M. WEINER kI"`°RrD P.O.*; BIN 190000 CITY ATTORNEY 26__="��/ MIAMI BEACH,FLORIDA 33119 �H TELEPHONE: 673=7470 COMMISSION MEMORANDUM '90- DATE: 90-DATE: FEB. 17 , 1988 TO: Mayor Alex Daoud and Members of the City Commission City Manager Rob Parkins FROM: Arnold M. Weiner , . City Attorney ../11 SUBJECT: CITY OF MIAMI BEACH V. CARCASSES, ET AL. , PARCEL NO. 3 - SETTLEMENT OF PROPERTY VALUES AND ATTORNEYS' FEES On May 12 , 1987 , the City Attorney filed on behalf of the City of Miami Beach a Petition in Eminent Domain, styled City of Miami Beach v. Carcasses, et al. , Case No. 87-20615, for the purpose of quick-taking the following four properties: Parcel No. 1 - 24 Washington Avenue, legally described as that portion of Lots 1 and 2 , Block 51, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 , Page 81 of the Public Records of Dade County, Florida described as follows: Beginning at the southwest corner of Lot 2 , thence north along the west line of Lot 2 , a distance of 39 . 0 ' , thence easterly a distance of 59 . 25 ' to a point of the east line of Lot 1, thence, southerly along the easterly line of Lot 1, a distance of 29 ' to the southeast corner of Lot 1, thence westerly along the south line of Lots 1 and 2 , a distance of 51. 85 ' to the point of beginning. Parcel No. 2 - 28 Washington Avenue, legally described as a portion of Lots 1 and 2 , Block 51, Ocean Beach Florida Addition. No. 3 , according to the plat thereof, recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida being more particularly described as follows: Commence at the northwest cornev.. of Lot 2 , thence run southerly, along the west line of Lot 2 , for 26. 27 ' to the point of beginning of the tract of land hereinafter described; thence continue southerly, along the west line of Lot 2 , for 34 . 73 ' more or less to a point that is 39 ' north of the southwest corner of Lot 2 ; thence run southeasterly, for 59 . 19 ' more or less to a point in the easterly line of Lot 1 that is 29 ' northeasterly of the southeast corner of Lot 1, as measured along the easterly line of Lot 1; thence run northeasterly along the easterly line of Lot 1 for 32 . 17 ' more or less to a point that is . 41.28 ' southwesterly of the northeast* AGENDA ITEM OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIS DATE -7- BB corner of Lot 1, as measured along the easterly line of Lot 1; thence run northwesterly for 66.81 ' more or less to the point of beginning. Parcel No. 3 - 74 Washington Avenue, legally described as Lot 1, Block 52 , Ocean Beach Addition No. 3 , Plat Book 2 , Page 81, Public Records of Dade County, Florida. Parcel No. 4 - 710 1st Street, legally described as Lot 2 , Block 52 , Ocean Beach Addition No. 3 , Plat Book 2 , Page 81, Public Records of Dade County, Florida. On July 15, 1987, City of Miami Beach Resolution No. 87-18914 was adopted by this Commission approving and adopting an agreement concerning the settlement of parcel #4 referred to hereinabove. As such, parcel numbers 1, 2 , and 3 remain to be set for trial in the above-styled action. Attorney Mal Englander representing parcel number 3 , has offered to settle this case in regard to said parcel upon receipt of $102 , 000. 00 for parcel number 3 , (said money to represent payment in full for the taking of said parcel) , $2 , 625. 00 for appraiser' s fees, and $5, 000. 00 for attorney' s fees. I recommend that Attorney Englander' s offer be accepted since it would be more economically advantageous for the City of Miami Beach to settle this lawsuit rather than proceed to trial. AMW/JKO/rg 2 ORIGINAL RESOLUTION NO. 88-19167 (Approving and accepting the settlement offer in City of Miami Beach V. Carcasses, ET AL. concerning payment of $102,000.00 for the taking of PARCEL NUMBER 3 therein legally described as Lot 1, Block 52, Ocean Beach Addition Number 3, Plat Book 2, Page 81, Public Records of Dade County, Florida, payment of $2,625.00 for appraiser's fees and payment of $5,000.00 for attorney's fees regarding total representation of said property, and further authorizing the appro- priation of these funds from the widening of Washington Avenue Bond Fund 357 into Work Order 1947)