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RESOLUTION 90-20004 RESOLUTION NO. 90-20004 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 $86, 500 . 00 FOR THE TAKING OF PARCEL NUMBER 7 THEREIN, LEGALLY DESCRIBED AS 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, 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 $73 , 000. 00 into the Registry of the Court, representing the Petitioner' s deposit of funds regarding parcel number 7 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 7 in the subject lawsuit, said parcel being legally described as 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) settlement: ot this parcel has been offered upon receipt of $86, 500. 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 7 (legally described as the west 70 feet of Lot 6 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 1 Beach v. Herrera, et al, is hereby accepted and approved; and 3 . The City of Miami Beach thus authorizes the appropriation of $13 , 500. 00 as balance due for parcel number 7 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 . 1/16L-16/ ATTEST: MA •R 5j6,';„. 7,1i,v1LOIloA4ZAra.14^ Q4A,tivoCITY CLERK LF/JKO/rg FORM APPROVED LEG h L DEP,I. By Date 2 OFFICE OF THE CITY ATTORNEY • 04, c--er A! A• 6nd 0:94//ffant ' fead F L O R I D A IMCOR w�,itc P O BOX O LAURENCE FEINGOLD %�, CITY ATTC)HNE T" H?6.�y� MIAMI BEACH. FLOPICA 33119-20,32 TELEPHONE 305,603-7470 TELECOPY 305!603-7002 COMMISSION MEMORANDUM -? -5Z618-q° DATE: JUNE 6, 1990 TO: Mayor Alex Daoud and Members of the City Commission FROM: Laurence Feingold City Attorney 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 ,.� • Public Records of Dade County, Florida.Florida ._ AGENDA 1 ITEM DATE �� 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 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 $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 parcelsarcel numbers 5, 12 and 13) remainp unsettled and are thus scheduled for a June 4 , 1990 trial date. 2 2 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. LF/JKO/rg Attachments • • 3 t' 3 ORIGINAL RESOLUTION NO. 90-20004 Approving and accepting the settlement offer in C.M.B. V. Herrera, ET AL, con- cerning payment of $86,500.00 for the taking of Parcel Number 7 therein, legally described as 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, 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.