RESOLUTION 88-19353 RESOLUTION NO. 88-19353
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 $61, 650. 00 FOR THE TAKING OF
PARCEL NUMBER 2 THEREIN, LEGALLY DESCRIBED AS
A PORTION OF LOTS 1 AND 2 , BLOCK 51, OCEAN
BEACH 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 CORNER 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 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; AUTHORIZING PAYMENT OF
$1, 500. 00 FOR APPRAISER'S FEES, AND PAYMENT
OF $5, 000. 00 FOR ATTORNEY FEES, REGARDING
TOTAL REPRESENTATION OF SAID PROPERTY, AND
FURTHER AUTHORIZING THE APPROPRIATION OF
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, on July 2 , 1987 , Petitioner City of Miami Beach
deposited the sum of $47 , 000. 00 into the Registry of the Court,
representing the Petitioner' s deposit of funds pursuant to Order
of Taking; and
WHEREAS, as set forth more specifically in the attached
letter from Attorney Jeffrey Benjamin (Counsel for parcel number
2 in the subject lawsuit, said parcel being legally described as
a portion of Lots 1 and 2 , Block 51, Ocean Beach 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
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particularly described as follows: Commence at the northwest
corner 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
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, Public Records of Dade County, Florida) , settlement of
this parcel has been offered upon receipt of $61, 650. 00 for the
subject parcel, $1, 500. 00 for appraiser's fees, and attorney fees
in the amount of $5, 000. 00; and
WHEREAS, the City Attorney has recommended acceptance of
this offer.
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 Jeffrey
Benjamin, concerning parcel number 2 , legally described as a
portion of Lots 1 and 2 , Block 51, Ocean Beach 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
corner 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
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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
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, 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 $21, 150. 00 ($14, 650. 00 as balance due for parcel number 2 ,
$1, 500. 00 for appraiser's fees, and $5, 000. 00 for attorney' s
fees) for the settlement of parcel number 2 in City of Miami
Beach v. Carcasses, et al. , said monies representing total
remaining payment for the taking of said property, and total
costs and attorney 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 7th day of September
1988
ATTEST: â–ºPYOR
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CITY CLERK
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FORK'
APPROVED
LEGAL DEP.
By IL
Date
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ORIGINAL
RESOLUTION NO. 88-19353
(Approving and accepting the settlement
offer in City of Miami Beach V. Carcasses
et al, concerning payment of $61,650.00
for the taking of Parcel Number 2 therm
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 N.W. corner
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 S.W. 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 S.E. 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' Souti-westerly of the
N.L. corner of Lot 1, as measured along
the Easterly line of Lot 1; Thence run
Northeasterly for 66.81' more or less to
the point of beginning, payment of J1-
$1,500.00 for appraiser's fees, and pay-
ment 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)