Resolution 79-15897 RESOLUTION NO. 79-15897
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING
THE NECESSITY OF SAID CITY EXERCISING ITS
POWER OF EMINENT DOMAIN IN ORDER TO ACQUIRE A
CERTAIN PARCEL OF PROPERTY ON TERMINAL ISLAND,
MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECU •
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TION OF CONTRACT TO PURCHASE SAID PROPERTY,
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
INSTITUTE EMINENT DOMAIN PROCEEDINGS IN THE
EVENT THE OWNER OF SAID PARCEL REFUSES TO EXE-
CUTE A CONTRACT PURCHASE AND SALE; AND AUTHOR-
IZING THE EXPENDITURE OF A SUM NOT TO EXCEED
$15, 000 IN CONNECTION WITH THE CLOSING OF
SAID PROPERTY AND FOR THE INSURANCE OF TITLE THEREON.
WHEREAS, the City Commission of the City of Miami
Beach, Florida did on the 18th day of January, 1978 , by its
Resolution No. 78-15528 declare a certain parcel of property
located on Terminal Island, Miami Beach, Dade County, Florida,
presently owned by the Belcher Oil Company, to be necessary for
the proper` and efficient operation of said City; and
WHEREAS, the City Commission of said City did direct
negotiations to be undertaken with the owners thereof prior to
the exercise of the City' s powers of eminent domain; and
WHEREAS, the City' s Real Estate consultant, S. Z. Bennett
has reported to the City Commission that he has negotiated a con-
tract of purchase and sale with the owner of said propertyl and
WHEREAS,the City Commission finds it in the best in-
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terests of the City to acquire said property at the price and
upon the terms negotiated by the City' s Real Estate consultant; and
WHEREAS, in the event that for any reason Seller should
refuse to enter into contract of purchase and sale upon the terms
outlined by the City' s Real Estate consultant, it will be necessary
for said City to acquire the subject property through the exercise
of its powers of eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That the above recitals are true and correct.
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
SECTION 2 . That the Mayor and City Clerk of said City of
Miami Beach be and they are hereby authorized and
directed to enter into a contract providing for the sale by the
Belcher Oil Company to the City of Miami Beach of that certain
parcel of land described in Exhibit "A" attached hereto and in-
corporated herein by reference and to purchase all of the rightg,
title and interest of the Belcher Oil Company in certain easements ,
on property adjacent to the subject property; said .purchase to be
for a total price of $1, 325, 000 for the real estate and removal
of certain equipment; said Agreement further providing for
Belcher Oil Company to remove certain oil storage tanks presently
existing on the subject property and providing for the escrow
of a' sum of $315, 400 be held in escrow until such structures
and oil storage tanks are removed, and providing for the rental
to Belcher of certain dockage rights.
SECTION 3: That in the event for any reason the Seller is
unwilling to enter into such contract for purchase
and sale, the City Attorney be and he is hereby authorized and
directed to commence eminent domain proceedings' in order to acquire
the property described in Exhibit "A" together with the easements
appurtenant thereto.
SECTION 4 : There is hereby appropriated from the proceeds of
the bonds issued to finance the acquisition of said
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property a sum not to exceed $15, 000 for the 'purpose of paying the
various miscellaneous and incidental expenses related to the
acquisition of said property including all documentary stamp taxes,
surtax stamp taxes', recording fees, the cost of title insurance,
any survey cQst 'and other fees customary and incident to the
closing Qf real property as in the opinion of the City Attorney
is necessary. ;..
SECTION 5 : The City Manager be and he is hereby authorized
to negotiate such minor matters as may arise during
the course of acquisition of said property with respect to date
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
of possession, removal of storage tanks and other miscellaneous
and sundry items; provided, however, that he shall not have
authority to alter the purchase price, except to agree in con-
sultation with the City Attorney to prorations which are
customary and incident to real estate closings in Dade County.
SECTION 6 : That the City Manager, City. Clerk and City Attorney
be and they are hereby authorized to do all things
necessary or convenient to accomplish the acquisition of the
subject property as expeditiously as possible upon the terms set
forth in this Resolution.
PASSED and ADOPTED this 2nd dp,y of May , 1979.
Mayor
Attest:
City Clerk
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AHM/mcs
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
UKI(.LNAL
RESOLUTION NO. 79-15897
(Reaffirming necessity of CMB exercising
its power of eminent domain to acquire
a certain parcel of property on Terminal
Island,M.B. , authorizing execution of a
contract to purchase said property,author-
izing/directing City Atty.to institute
eminent domain proceedings if owner re-
fuses to execute contract purchase/sale;
authorizing expenditure of sum not to
exceed $15,000,etc.)
Imo
imp
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