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RESOLUTION 89-19809 RESOLUTION NO. 89-19809 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 $37 , 500. 00 FOR THE TAKING OF PARCEL NUMBER 2 THEREIN, LEGALLY DESCRIBED AS THE WEST 1/2 OF THE EAST 1/2 OF 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 AND $500. 00 FOR APPRAISAL FEE; 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 $35, 000. 00 into the Registry of the Court, representing the Petitioner' s deposit of funds regarding parcel #2 pursuant to the Order of Taking; and WHEREAS, as set forth more specifically in the attached letter from Attorney J. Michael Fitzgerald, Counsel for parcel number 2 in the subject lawsuit, (said parcel being legally described as 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) settlement of this parcel has been offered upon receipt of $37, 500. 00 for the subject parcel 's property value (representing payment in full for said property) with $5, 000. 00 for Attorney' s fees and $500. 00 for appraisal fee; and WHEREAS, the subject property currently has a title defect which will prevent the City from obtaining title insurance on said property, consequently payment of any and all sums under this settlement is conditioned upon prior receipt of proof that the Deed recorded in Official Records Book 10294 , page 2255, Public Records of Dade County, Florida from Hyman P. Galbut, as Trustee (Grantor) to the Most Reverend Edward A. McCarthy, as Archbiship (Grantee) was executed pursuant to proper court order in the action styled In Re: Trust Under Will of Michael Braniszewski, Case No. 67-19513 (Duval) , or other evidence satisfactory to the City' s title insurance underwriter ; and WHEREAS, the City Attorney of the City of Miami Beach has recommended acceptance of this offer subject to receipt of the 1 curative documents referenced above. 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 J. Michael Fitzgerald, concerning parcel number 2 , (legally described as the West 1/2 of the East 1/2 of 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 approved; and 3 . The City of Miami Beach thus authorizes the appropriation of $8, 000. 00 ($2 , 500. 00 as balance due for parcel #2, $5, 000. 00 as total attorney' s fees 4, and $500. 00 for appraisal fees) for the settlement of parcel #2 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. However, payment of any and all sums under this settlement is conditioned upon prior receipt of proof that the Deed recorded in Official Records Book 10294 , page 2255, Public Records of Dade County, Florida from Hyman P. Galbut, as Trustee (Grantor) to the Most Reverend Edward A. McCarthy, as Archbishop (Grantee) was executed pursuant to proper court order in the action styled In Re: Trust Under Will of Michael Braniszewski, Case No. 67-19513 (Duval) , or other evidence satisfactory to the City' s title insurance underwriter. PASSED and ADOPTED this 15th day of November , 1989 . ATTEST: VICE-MAYOR FORM APPROVED CITY CLERK LEGAL DEPT. AMW J KO r / / g By ;:21-1• 2?&L—N.— Date // 9 2 OFFICE OF THE CITY ATTORNEY si evead 1/ F L O R t D A \P�1 6E„gc. *�ISCORP TLD * ARNOLD M. WEINER - P.0 BOX 0 CITY ATTORNEY H MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305)673-7470 TELECOPY (305) 673-7002 .71/ -} (V(:) COMMISSION MEMORANDUM DATE: NOV. 15, 1989 TO: Mayor Alex Daoud and Members of the City Commission FROM: Arnold M. Weiner 79764" - City Attorney SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , CIRCUIT COURT CASE NO. 88-46741, PARCEL NO. 2 - 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 of land in 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 Michigan 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 # ' s 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 Dade Public Records ofCounty, Florida. AGENDA 1 ITEM — 12) DATE f-/S- X(7 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 # ' s 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 8i 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 a l, Case No. 88-46741 concerning the above- described parcels. On December 28 , 1988 , Petitioner City of Miami Beach deposited the sum of $35, 000. 00 regarding parcel #2 into the Registry of the Court (representing the Petitioner' s deposit of funds pursuant to Order of Taking) . Negotiations with J. Michael Fitzgerald, Esquire representing the owner of parcel #2 , located at 1008 4th Street, (legally described as the West 1/2 of the East 1/2 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) have resulted in an offer for sale in the amount of $37, 500. 00, representing compensation in full for the subject property. In addition to the referenced purchase price, the City will be obligated to pay $5, 000. 00 representing payment in full for attorney' s fees for the legal representation of the owner of parcel #2 , and an appraisal fee of $500. 00 for a total settlement value of '$43 , 000. (Copy of letter regarding offer for sale, attached to City of Miami Beach resolution herein) . The settlement of this action and payment of any and all sums in this settlement is conditioned upon prior receipt of proof that the Deed recorded in Official Records Book 10294 , page 2255, Public Records of Dade County, Florida from Hyman P. Galbut, as Trustee (Grantor) to the Most Reverend Edward A. McCarthy, as Archbishop (Grantee) was executed pursuant to proper court order in the action styled In Re: Trust Under Will of Michael Braniszewski, Case No. 67-19513 (Duval) , or other evidence satisfactory to the City' s title insurance underwriter. I recommend that Attorney Fitzgerald' s offer be accepted since it would be more economically feasible to pay the amounts, as outlined hereinabove, rather than proceed to 2 •? trial . I have thus prepared a resolution concerning settlement of parcel #2 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 3 V) FITZGERA.LD, PORTELA & PORTUONDO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW MUSEUM TOWER 150 W. FLAG LER STREET, SUITE 2701 PALM BEACH OFFICE MIAMI, FLORIDA 33130 189 BRADLEY PLACE PALM BEACH, FLORIDA 33480 TELEPHONE (305)358-0737 (407) 659-6438 TELEFAX(305)358-5845 REPLY To: Miami October 27 , 1989 Ms. Jean K. Olin Assistant City Attorney 5300 . 13 P. O. Box 0 Miami Beach, FL 33119-2-32 Re: City v Herrera Dear Ms. Olin: I have conveyed to my client the settlement offer contained in your letter of October 26 . The offer is accepted. Please prepare the settlement documents and a check payable to our trust account. Very truly yours, .<./..176A-71/a/4—e2 J. Michael Fitzgerald JMFhj/JMF 5 7 .MIAMI BEA •Y OFFICE OF THE CITY ATTORNEY 114,0 • Wald F L 0 R 1 D A P�►1 8f;, a*wow iota,* ARNOLD M.WEINER ..y� �,; P.O.BOX o CITY ATTORNEY th,26--��9= MIAMI BEACH.FLORIDA 33119-2032 --= TELEPHONE(3051 673-7470 TELECOPY (305)673-7002 October 26, 1989 J. Michael Fitzgerald, Esquire Fitzgerald, Portela & Portuondo 150 W. Flagler Street =2701 Museum Tower Miami, Florida 33130 RE: CITY OF MIAMI BEACH V. HERRERA Dear Mr. Fitzgerald: The City Attorney and I have reviewed your letter of October 1989 in which you offer to settle the Archbishop ' s property in the above-styled lawsuit for a value of $40 , 000 . After reviewing your appraisal report, the City is prepared to submit a counteroffer of $37 , 500 , which figure represents the median value between the City ' s and your appraisal reports. Should the counteroffer be acceptable to your client , your offer of attorney ' s fee of $5 , 000 and appraisal fee of $500 will be accepted by the City. Very truly yours e 1:1 Jean! . Olin First Assistant City Attorney - Litigation JKO/rg 1700 CONVENTION CENTER DRIVE—FOURTH FLOOR—MIAMI BEACH, FLORIDA 33139 ORIGINAL RESOLUITON NO. 89-19809 Approving and accepting the settlement offer in City of Miami Beach V. Herrera, ET AL, concerning payment of $37,500.00 for the taking of Parcel Number 2 therein legally described as the west 1/2 of the east 1/2 of 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 and $500.00 for appraisal fee; and further authorizing the funds for this acquisition to be taken from the South Pointe Elementary School expansion project work order 2970.