RESOLUTION 90-20002 RESOLUTION NO. 90-20002
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
$54 , 000. 00 FOR THE TAKING OF PARCEL NUMBER 4
THEREIN, LEGALLY DESCRIBED AS 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, REPRESENTING PAYMENT IN FULL FOR SAID
PROPERTY (ATTORNEY'S FEES AND 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 $35, 000. 00 into the Registry of the Court,
representing the Petitioner' s deposit of funds regarding parcel
number 4 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 4 in the
subject lawsuit, said parcel being legally described as 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) settlement of this parcel has been offered
upon receipt of $54 , 000 . 00 for the subject parcel ' s property value
(representing payment in full for said property; Attorney' s fees
and 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 4 (legally described as 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) in City
of Miami Beach v. Herrera, et al, is hereby accepted and approved;
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and
3 . The City of Miami Beach thus authorizes the appropriation
of $19 , 000. 00 as balance due for parcel number 4 in City of Miami
Beach v. Herrera, et al, said funds representing total remaining
payment for the taking of said property (attorney' s fees and costs
to be determined at a later date) , 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 June , 1990.
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ATTEST: J'
OR
Clo..v.ILKWILtArAii-ZZAAeowl ...--teusweN
o., CITY CLERK
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FORM APPROVED
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By, --,40
Date
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OFFICE CF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD '._.�� P 0 BOX 0
CITY ATTORNEY 6'_�y� MIAMI BEACH FLORIDA 33119-21/4M:
TELEPHONE ,305,673-747C
TELECOP ' 305 573-703:
COMMISSION MEMORANDUM #Z618.-q a
DATE: JUNE 6, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Laurence Feingold
City Attorney
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SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , CIRCUIT COURT
CASE NO. 88-46741, PARCEL NOS. 3, 4, 6, 7 , 8, 10, 11, 14 ,
15 and 16 - SETTLEMENT OF COMPENSATION
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 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 or.ti - •
Public Records of Dade County, Florida. .
AGENDA
R-r) -
1 ITEM
DATE
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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 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 81
of the Public Records of Dade County, Florida.
Parcel Ps 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 $574 , 000. 00 regarding parcel nos. 3 , 4,
6, 7, 8, 10, 11, 14 , 15 and 16 into the Registry of the Court
(representing the Petitioner's deposit of funds pursuant to Order
of Taking) . 1 John Lukacs, Esquire, acting as outside counsel for
the City of Miami Beach has negotiated with Leon Black, Esquire
representing the owners of the above legally-described parcel nos.
3 , 4, 6, 7, 8, 10, 11, 14, 15 and 16 which negotiations have
resulted in the following offers for sale:
PARCEL NUMBER(S) AMOUNT
3 $ 54 , 000. 00
4 $ 54, 000.00
6 & 8 $237, 000. 00
7 $ 86, 500. 00
10 $ 97, 500. 00
11 $ 70, 000. 00
14 $ 75, 000. 00
15 & 16 $ 80, 000. 00
1As of date, three remaining parcels (parcel numbers 5, 12 and
p
13) remain unsettled and are thus scheduled for a June 4 , 1990
trial date.
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These figures represent compensation in full for the subject
properties; attorneys' fees and costs will be determined at a later
date. Attorney Lukacs (see attached correspondence dated May 29,
1990, Exhibit "A" hereto) and I recommend that Attorney Black's
offers 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 resolutions concerning settlement of
the aforestated parcels in this litigation. Should the City
Commission approve these resolutions, appropriation of the funds
for this acquisition are to be taken from the South Pointe
Elementary School Expansion Project Work Order 2970.
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Attachments
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ORIGINAL
RESOLUTION NO. 90-20002
Approving and accepting the settlement
offer in C.M.B. V. Herrera, ET AL, con-
cerning payment of $54,000.00 for the
taking of Parcel Number 4 therein,
legally described as 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, representing payment in
full for said Florida, representing pay-
merit in full for said property (attorney's
fees and 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.