RESOLUTION 88-19185 RESOLUTION NO. 88-19185
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. CARCASSES, ET AL. , CONCERNING
PAYMENT OF $57 , 000. 00 FOR THE TAKING OF
PARCEL NUMBER 1 THEREIN, LEGALLY DESCRIBED AS
THAT PORTION OF LOTS 1 AND 2 , BLOCK 51, OCEAN
BEACH ADDITION NO. 3 , AS RECORDED IN PLAT
BOOK 2 , PAGE 81 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF LOT 2 ,
THENCE NORTH ALONG THE WEST LINE OF LOT 2 , A
DISTANCE OF 39 . 0 ' , THENCE EASTERLY A DISTANCE
OF 59 . 25 ' TO A POINT OF THE EAST LINE OF LOT
1, THENCE, SOUTHERLY ALONG THE EASTERLY LINE
OF LOT 1, A DISTANCE OF 29 ' TO THE SOUTHEAST
CORNER OF LOT 1, THENCE WESTERLY ALONG THE
SOUTH LINE OF LOTS 1 AND 2 , A DISTANCE OF
51. 85 ' TO THE POINT OF BEGINNING, PAYMENT OF
$2 , 625 . 00 FOR APPRAISER'S FEES, AND PAYMENT
OF $5, 000. 00 FOR ATTORNEYS ' FEES REGARDING
TOTAL REPRESENTATION OF SAID PROPERTY, AND
FURTHER AUTHORIZING THE APPROPRIATION OF
THESE FUNDS FROM THE WIDENING OF WASHINGTON
AVENUE BOND FUND 357 INTO WORK ORDER 2947.
WHEREAS, on May 12 , 1987 , the City of Miami Beach, Florida,
instituted an eminent domain action styled City of Miami Beach v.
Carcasses, et al . , Case No. 87-20615, for the purpose of
acquiring four parcels of property in Miami Beach for the purpose
of widening Washington Avenue; and
WHEREAS, as set forth more specifically in the attached
letter from Attorney Mal Englander (Counsel for parcel number 1
in the subject lawsuit, said parcel being legally described as
that portion of Lots 1 and 2 , Block 51, Ocean Beach Addition No.
3 , as recorded in Plat Book 2 , Page 81 of the Public Records of
Dade County, Florida described as follows: Beginning at the
southwest corner of Lot 2 , thence north along the west line of
Lot 2 , a distance of 39 . 0 ' , thence easterly a distance of 59 . 25 '
to a point of the east line of Lot 1, thence, southerly along the
easterly line of Lot 1, a distance of 29 ' to the southeast corner
of Lot 1, thence westerly along the south line of Lots 1 and 2 , a
distance of 51. 85 ' to the point of beginning Public Records of
Dade County, Florida) , settlement of this parcel has been offered
upon receipt of $57, 000. 00 for the subject parcel, $2 , 625 . 00 far
appraiser' s fees and attorneys' fees in the amount of $5, 000. 00 ;
and
WHEREAS, the City Attorney has recommended acceptance of
this offer as settlement is economically advantageous to the City
of Miami Beach.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that:
1
1. the City Commission finds, determines, and declares
that the matters set out in the foregoing recitals are true and
correct, and they are hereby incorporated as part of this
Resolution; and
2 . the City Attorney ' s recommendation concerning
acceptance of the settlement offer from Attorney Mal Englander,
concerning parcel number 1, legally described as that portion of
Lots 1 and 2, Block 51, Ocean Beach Addition No. 3 , as recorded
in Plat Book 2 , Page 81 of the Public Records of Dade County,
Florida described as follows: Beginning at the southwest corner
of Lot 2 , thence north along the west line of Lot 2 , a distance
of 39 . 0 ' , thence easterly a distance of 59 . 25 ' to a point of the
east line of Lot 1, thence, southerly along the easterly line of
Lot 1, a distance of 29 ' to the southeast corner of Lot 1, thence
westerly along the south line of Lots 1 and 2 , a distance of
51. 85 ' to the point of beginning Public Records of Dade County,
Florida in City of Miami Beach v. Carcasses, et al. , is hereby
accepted and approved; and
3 . the City Commission thus authorizes the appropriation
of $64, 625. 00 ($57, 000. 00 for parcel number 1, $2 , 625. 00 for
appraiser' s fees, and $5, 000. 00 for attorney's fees) for the
settlement of parcel number 1 in City of Miami Beach v.
Carcasses, et al. , said monies representing total payment for the
taking of said property, and total costs and attorney's fees, and
further authorizes that the appropriation of said monies be made
into Work Order 2947 from the widening of Washington Avenue Bond
Fund 357 .
PASSED and ADOPTED this 2nd day of tip.rch I
1988 l)) -
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ATTEST:
2;k6A
CITY CLERK
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FORM APPROVED
LE ALD 'T
By\ Alh-A
Date
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2
LAW OFFICES
ENGLANDER & BURNETT
NUMBILR ONt LINCOLN LOAD BUILDING. •UITt F[T,
(.2
MIAMI BEACH. FLORIDA 38139
MALVIN ENGLANDER • TELEPHONE
MARTIN L. •URNETT (RETIRED, (305) 538-1443
February 19 , 1988
Jean K. Olin
First Assistant City Attorney-Litigation
Office of the City Attorney
City of Miami Beach
P .O. Bin 190000
Miami Beach, Florida 33119
Re : City of Miami Beach v. Carcasses - 24
Washington - Parcel #1 - Francisco M.
Carcasses and Mercedes Carcasses , his wife
Dear Ms . Olin :
In line with our recent telephone conversation concerning the
above parcel , please be advised that a settlement as herein out-
lined is acceptable :
$57 , 000 payable to Francisco M. Carcasses and Mercedes ,
his wife, less any amount heretofore paid by Order of Taking;
$5 , 000 to Englander & Burnett for attorneys ' fees ; and,
$2 , 625 to Real Property analysts , Inc . , (Donald Sutte)
for appraisal fee .
Should the City Council not approve this settlement , then
without prejudice on either side we may continue our pending
legal pursuits .
Thank you for your prompt attention and cooperation to date .
Sincerely,
--�, f
g
ME/r MALVIN -ENGLANDER -
Attorney for Francisco M.
Carcasses and Mercedes Car-
casses , his wife
cc : John Ritter , Esq .
ORIGINAL
RESOLUTION NO. 88-19185
(Approving and accepting the settlement
offer in City of Miami Beach V. Carcasses,
et al. , concerning payment of $57,000.00
for the taking of Parcel Number 1 therein
legally described as that portion of Lots
1 and 2, Block 51, Ocean Beach Addition
No. 3, as recorded in Plat Book 2, page 81
of the Public Records of Dade County, Fla.
described as follows: beginning at the'
Southwest Corner of Lot 2, thence North
along the West Line of Lot 2, a distance of
39.0' , thence easterly a distance of 59.25'
to a point of the east line of Lot 1, thenc
Southerly along the easterly line of Lot 1,
a distance of 29' to the Southeast Corner
of Lot 1, thence Westerly along the South
line of Lots 1 and 2, a distance of 51.85'
to the point of beginning, payment of
$2,625.00 for appraiser's fees, and payment
of $5,000.00 for attorney's fees regarding
total representation of said property, and
further authorizing the appropriation of
these funds from the widening of Washington
Avenue Bond Fund 357 into Work Order 2947)