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RESOLUTION 88-19185 RESOLUTION NO. 88-19185 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 $57 , 000. 00 FOR THE TAKING OF PARCEL NUMBER 1 THEREIN, 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, 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 1 in the subject lawsuit, said parcel being 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 Public Records of Dade County, Florida) , settlement of this parcel has been offered upon receipt of $57, 000. 00 for the subject parcel, $2 , 625 . 00 far appraiser' s fees and attorneys' 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 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 1, 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 Public Records of Dade County, Florida in City of Miami Beach v. Carcasses, et al. , is hereby accepted and approved; and 3 . the City Commission thus authorizes the appropriation of $64, 625. 00 ($57, 000. 00 for parcel number 1, $2 , 625. 00 for appraiser' s fees, and $5, 000. 00 for attorney's fees) for the settlement of parcel number 1 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 2nd day of tip.rch I 1988 l)) - • ba E � . • ATTEST: 2;k6A CITY CLERK JKO/rg FORM APPROVED LE ALD 'T By\ Alh-A Date • 2 LAW OFFICES ENGLANDER & BURNETT NUMBILR ONt LINCOLN LOAD BUILDING. •UITt F[T, (.2 MIAMI BEACH. FLORIDA 38139 MALVIN ENGLANDER • TELEPHONE MARTIN L. •URNETT (RETIRED, (305) 538-1443 February 19 , 1988 Jean K. Olin First Assistant City Attorney-Litigation Office of the City Attorney City of Miami Beach P .O. Bin 190000 Miami Beach, Florida 33119 Re : City of Miami Beach v. Carcasses - 24 Washington - Parcel #1 - Francisco M. Carcasses and Mercedes Carcasses , his wife Dear Ms . Olin : In line with our recent telephone conversation concerning the above parcel , please be advised that a settlement as herein out- lined is acceptable : $57 , 000 payable to Francisco M. Carcasses and Mercedes , his wife, less any amount heretofore paid by Order of Taking; $5 , 000 to Englander & Burnett for attorneys ' fees ; and, $2 , 625 to Real Property analysts , Inc . , (Donald Sutte) for appraisal fee . Should the City Council not approve this settlement , then without prejudice on either side we may continue our pending legal pursuits . Thank you for your prompt attention and cooperation to date . Sincerely, --�, f g ME/r MALVIN -ENGLANDER - Attorney for Francisco M. Carcasses and Mercedes Car- casses , his wife cc : John Ritter , Esq . ORIGINAL RESOLUTION NO. 88-19185 (Approving and accepting the settlement offer in City of Miami Beach V. Carcasses, et al. , concerning payment of $57,000.00 for the taking of Parcel Number 1 therein 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, Fla. 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, thenc 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, 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 appropriation of these funds from the widening of Washington Avenue Bond Fund 357 into Work Order 2947)