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RESOLUTION 88-19448 RESOLUTION NO. 88-19448 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. HERRERA, ET AL. , CONCERNING PAYMENT OF $62 , 700. 00 FOR THE TAKING OF PARCEL NUMBER 1 THEREIN, LEGALLY DESCRIBED AS THE EAST 1/2 OF THE WEST 1/2 OF LOT 1, BLOCK 100, 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, SAID FUNDS TO BE TAKEN FROM THE SOUTH POINTE ELEMENTARY SCHOOL LAND ACQUISITION PROJECT WORK ORDER NO. 2970. WHEREAS, on November 3 , 1988, the City of Miami Beach, Florida, instituted an eminent domain action styled City of Miami Beach v. Herrera, et al. , Case No. 88-46741, for the purpose of acquiring sixteen parcels of property in Miami Beach for the purpose of expanding the South Pointe Elementary School ; and WHEREAS, as set forth more specifically in the attached Offer for Sale, said parcel being legally described as the East 1/2 of the West 1/2 of Lot 1, Block 100, 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, settlement of this parcel has been offered upon receipt of $62 , 700 for the subject parcel ; 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 Jose Herrera and Amelia Herrera, his wife, concerning parcel number 1, legally described as the East 1/2 of the West 1/2 of Lot 1, Block 100, 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 1 in City of Miami Beach v. Herrera, et al. , is hereby accepted and approved; and 3 . the City Commission thus authorizes the appropriation of $62,700. 00 for the settlement of parcel number 1 in City of Miami Beach v. Herrera, et al. , said monies representing payment in full for the taking of said property, said funds to be taken from the South Pointe Elementary School Land Acquisition Project Work Order No. 2970. PASSED and ADOPTED this 16th day of November 1988 / 4( Ai_.f A _ALAILar, ATTEST: WOR -{bp)t-AT, 227 FORM APPROVE, CITY CLERK LE AL DEP, F /., A JKO/rg AT 2 OFFER FOR SALE In consideration of the sum of $10. 00, receipt of which is hereby acknowledged, we hereby offer to sell to the City of Miami Beach, for the price of sixty-two thousand seven hundred ($62 ,700) dollars, the following described property commonly known as: 1014 - 4th Street, Miami Beach, Florida. Legally described as: East 1/2 of West 1/2 of Lot 1, Block 100, Ocean Beach Addition No. 3 , Plat Book 2 , Page 81 The sum of sixty-two thousand seven hundred ($62 , 700) dollars is compensation in full for the described property, free of all encumbrances, including liens, mortgages, judgments, contracts for the payment of money, real estate taxes and other governmental levies for all prior years. Seller shall be responsible for documentary stamps, including surtax, and his own attorney's fees. Real estate taxes and prepaid rents shall be prorated to the date of closing. All improvements on the described property are included in this offer. This offer for sale is made on the understanding that eminent domain proceedings as to this property were filed on November 3 , 1988 ; consequently, this agreement is made to forestall protracted litigation. We understand that this offer is subject to approval of the City Commission of the City of Miami Beach and it can be accepted only by payment to me. Delivery of possession shall be within fifteen (15) days after payment of the above amount unless written consent to an extension is received. The sale is subject to the following special conditions: 1. The seller reserves the right to remove all personal property and appliances from the premises prior to demolition of the premises. 2 . The foregoing is subject to tenants in possession and such leases as the tenants may have. Seller agrees not to enter into any written leases after the date of this offer. 3 . Seller' s delivery of good and marketable Title. This offer for sale is irrevocable for a period of thirty (30) days from this date. DATED this 9th day of November, 1988 . fj -Jose Herrera (:61/14,L;L__ - -,eAARA,4( Amelia Herrera, his wife 1 OFFICE OF THE CITY ATTORNEY dy„ evaid iirop F L O R I D A *. ARNOLD M.WEINER *kitscor P.O.BOX 0 �'4)C ���`h, MIAMI BEACH,FLORIDA 33119-2032 CITY ATTORNEY '`��.H, _- TELEPHONE(305)673-7470 . - TELECOP ' (305)673-7002 COMMISSION MEMORANDUM " f, le DATE: NOV. 16, 1988 TO: Mayor Alex Daoud and Members of the City Commission City Manager Rob Parkins FROM: Arnold M. Weiner 114\'--Vi City Attorney SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , PARCEL NO. 1- SETTLEMENT OF PROPERTY VALUES City of Miami Beach Resolution Nos. 87-19007 , 88-19212 and 88- 19415 were respectively adopted on October 17 , 1987, April 6, 1988 and October 19, 1988 approving the taking of various properties for the public purpose of expanding the South Pointe Elementary School in Miami Beach, Florida. Consequently, on November 3 , 1988, the City Attorney filed on behalf of the City of Miami Beach a Petition in Eminent Domain, styled City of Miami Beach v. Herrera, et al. , Case No. 88-46741, for the purpose of condemning the aforementioned properties; included among these properties is the following described parcel: (PARCEL #1 - 1014 - 4TH STREET, MIAMI BEACH, FL 33139) The East 1/2 of the West 1/2 of Lot 1, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Mr. and Mrs. Jose Herrera, owners of the property described above, have agreed to settle on the issue of property valuation in the amount of $62 , 700. 00. I recommend that Jose Herrera and Amelia Herrera' 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. Since the property owners need to close as soon as possible, this matter has not been brought before the Land Use Committee due to the exigencies of time. As such, the attached Resolution has been prepared for your consideration and approval. AMW/JKO/rg • AGENDA 1 — P\ _..-._._.._... ITE M DATE 1 I—1 CP—SS 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139 ORIGINAL RESOLUTION NO. 88-19448 (Approving and accepting the settlement offer in City of Miami Beach v Herrere, et al, concerning payment of $62,700.00 for the taking of Parcel No. 1 therein, legally desceibed as the East % of the West 2 of Lot 1, Block 100, Ocean Beach Addition No. 3, 100, Ocean Beach Addition to the Plat thereof, recorded in Plat Book 2, at page 81 of the Public records of Dade County, Florida, said funds to be taken from the So. Pointe Elementary School land acquisit- ion project Work Order No. 2970)