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RESOLUTION 89-19711 RESOLUTION NO. 89-19711 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 $90, 000. 00 FOR THE TAKING OF PARCEL NUMBER 9 THEREIN, LEGALLY DESCRIBED AS LOTS 7 AND 8 , LESS THE EAST 100. 06 FEET IN BLOCK 100, OCEAN BEACH ADDITION NO. 3 , PLAT BOOK 2 , PAGE 81, DADE COUNTY, FLORIDA (REPRESENTING PAYMENT IN FULL FOR SAID PROPERTY) , WITH $5, 000. 00 FOR TOTAL ATTORNEY 'S FEES (COSTS TO BE DETERMINED AT A LATER DATE) ; AND FURTHER AUTHORIZING THE FUNDS FOR THIS ACQUISITION TO BE TAKEN FROM THE SOUTH POINTE ELEMENTARY SCHOOL EXPANSION PROJECT WORK ORDER 2970. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: WHEREAS, on November 3 , 1988 , the City of Miami Beach instituted an eminent domain action styled City of Miami Beach v. Herrera, et al, Case No. 88-46741, for the purpose of acquiring 16 parcels of property in Miami Beach for the South Pointe Elementary School Expansion Project; and WHEREAS, on December 28 , 1988 , Petitioner City of Miami Beach deposited the sum of $75, 000. 00 into the Registry of the Court, representing the Petitioner' s deposit of funds regarding parcel #9 pursuant to the Order of Taking; and WHEREAS, as set forth more specifically in the attached letter from Attorney Leon Black (Counsel for parcel number 9 in the subject lawsuit, said parcel being legally described as Lots 7 and 8 , less the east 100 . 06 feet in Block 100, Ocean Beach Addition No. 3 , as 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 $90, 000. 00 for the subject parcel ' s property value (representing payment in full for said property) with $5, 000 . 00 for Attorney' s fees (costs to be determined at a later date) ; and WHEREAS, the City Attorney of the City of Miami Beach has recommended acceptance of this offer. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, THAT: 1. The City of Miami Beach finds, determines and declares that those matters set out in the foregoing recitals are true and correct, and they are hereby incorporated as a portion of this Resolution; and 2 . The City Attorney' s recommendation concerning acceptance of the settlement offer from Attorney Leon Black, concerning parcel number 9 , (legally described as Lots 7 and 8 , less the east 100 . 06 feet in Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 , at Page 81 of the Public Records of Dade County, Florida) in City of Miami Beach v. Herrera, et al, is hereby accepted and 1 approved; and 3 . The City of Miami Beach thus authorizes the appropriation of $20, 000. 00 ($15, 000. 00 as balance due for parcel #9, and $5, 000. 00 as total attorney' s fees) for the settlement of parcel #9 in City of Miami Beach v. Herrera, et al , said funds representing total remaining payment for the taking of said property, and total attorney' s fees, and further authorizes that the appropriation of said funds be taken from the South Pointe Elementary School Expansion Project Work Order 2970. PASSED and ADOPTED this 6th day of September , 1989 . / //7 ATTEST: ..L YOR :_ 6 ,r CITY CLERK FORM APPROVED LEG g DEPT AMW/J KO/rg By y A. I Date , , 2 OFFICE OF THE CITY ATTORNEY 64 IricAnni ward F L O R I D A ARNOLD M. WEINER '*kINCORP TED*- • - P.O.BOX O •�P�H MIAMI BEACH, FLORIDA 33119-<032 CITY ATTORNEY .,.. _ TELEPHONE(305)673-7470 TELECOPY (305)673-7002 Ca COMMISSION MEMORANDUM *-41 /41/6 / DATE: SEPT. 6, 1989 TO: Mayor Alex Daoud and Members of the City Commission FROM: Arnold M. Weiner City Attorney SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , CIRCUIT COURT CASE NO. 88-46741, PARCEL NO. 9 - SETTLEMENT OF PROPERTY VALUE On October 7 , 1987 , the City of Miami Beach adopted Resolution No. 87-19007 authorizing the institution of eminent domain proceedings for the purpose of condemning the following 16 parcels in regards to the South Pointe Elementary School Expansion Project: Parcel #1 - 1014 4th Street: 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. Parcel #2 - 1008. 4th Street: The West 1/2 of the East 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. Parcel #3 - 1020 4th Street: The West 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. Parcel #4 - 362 Michigan Avenue: The East 1/2 of the East 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. Parcel ; 5 - 344 - 352 Michi•an Avenue: Lots 2 and 3 , .Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Parcel Ps 6 and 8 - 320 and 330 Michigan Avenue: Lots 4 , 5 and the East 80 feet of Lot 6, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. 3 AGENDA ITEM 1 if- , i DATE 1700 CONVENTION CENTER DRIVE— FOURTH FLOOR— MIAMI BEACH, FLORIDA 33139 Parcel #7 - 320 Michigan Avenue: The West 70 feet of Lot 6, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Parcel #9 - 1017 3rd Street: Lots 7 and 8, less the east 100. 06 feet in Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Parcel #10 - 304 Michigan Avenue: The East 100. 06 feet of Lot 8 in Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public *Records of Dade County, Florida. Parcel #11 - 1012 3rd Street: The West 60 feet of the East 120 feet of Lot 1, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Parcel Ps 12 and 13 - 1036 3rd Street: Lots 1 and 2 less the East 180 feet thereof, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Parcel #14 - 1000 3rd Street: The East 60 feet of Lot 1, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. Parcel #' s 15 and 16 - 1003 and 1024 3rd Street: The West 60 feet of the East 180 feet of Lots 1 & 2 , Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. 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 concerning the above- described parcels. On December 28, 1988, Petitioner City of Miami Beach deposited the sum of $75, 000. 00 regarding parcel #9 into the Registry of the Court (representing the Petitioner' s deposit of funds pursuant to Order of Taking) . Negotiations with Leon Black, Esquire representing parcel #9 , located at 1017 3rd Street, (legally described as Lots 7 and 8 , less the east 100. 06 feet in Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida) have resulted in an offer for sale in the amount of $90, 000. 00, representing compensation in full for the subject property, and $5, 000. 00 representing payment in full for attorney' s fees for total legal representation of parcel #9, with costs to 'De determined at a subsequent date. (Copy of letter regarding offer for sale, attached to City of Miami Beach resolution herein) . I recommend that Attorney Black's offer be accepted since it would be more economically feasible to pay the amounts, as outlined hereinabove, rather than proceed to trial. I have thus prepared a resolution concerning settlement of parcel #9 in this litigation. Should the City Commission approve this resolution, appropriation of the funds for this acquisition are to be taken from the South Pointe Elementary School Expansion Project Work Order 2970. AMW/JKO/rg Attachments 2 4 LAW OFFICES KELLY, BLACK, BLACK, BYRNE, CRAIG 8C B EASLEY PROFESSIONAL ASSOCIATION 1400 ALFRED I. ouPONT BUILDING FRANK J. KELLY(1903-1983) MIAMI, FLORIDA 33131 LEON D. BLACK,JR. HUGO L. BLACK,JR. MIAMI(305)358-5700 ROBERT C. BYRNE BROWARD(305)525-6441 LAWRANCE B.CRAIG= PALM BEACH(305)659-7749 JOSEPH W. BEASLEY RICHARD M. BALES,JR. LAURI WALDMAN ROSS TELECOPIER(305)358-7269 August 23 , 1989 Jean K. Olin, Esq. First Assistant City Attorney City of Miami Beach P. O. Box 0 - Miami Beach, FL 33119-2032 PF: City of Miami Beach v. Herrera Parcel Nc. 9 ; Calvo Dear Jean: As you requested I am enclosing a copy cf a letter from our rca] estate appraiser, Jchn D. Nope , in connection with Parcel 9 in the above-styled cause. The Calvcs are willing tc settle for $90 ,000 net to them and we believe this is a very reasonable settlement under the circumstances . As vcu know , Eurnett Petr, and I are co-counsel in this matter and we will accept e $5 , 000 fee if the case is settled promptly. T have been unable to reach my real estate appraiser, but believe that at this stage of the game he would be willing tc accept approximately $2 ,000 . Please let me knew if you are in a position to settle on this basis. Sincerely, Leon D. 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Herrera, ET Al, concerning payment of $90,000.00 for the taking of Parcel Number 9 therein, legally described as Lots 7 and 8, less the east 100.06 feet in Block 100, Ocean Beach Addition No. 3, Plat Book 2, page 81, Dade County, Florida (representing payment in full for said property) , with $5,000.00 for total attorney's fees (cost to be de- termined at a later date) ; and further authorizing the funds for this acquisition to be taken from the South Pointe Elemen- tary School Expansion Project Work Order 2970.