RESOLUTION 88-19448 RESOLUTION NO. 88-19448
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 $62 , 700. 00 FOR THE TAKING OF
PARCEL NUMBER 1 THEREIN, LEGALLY DESCRIBED AS
THE EAST 1/2 OF THE WEST 1/2 OF LOT 1, BLOCK
100, OCEAN BEACH ADDITION NO. 3 ,
ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 2 AT PAGE 81 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, SAID FUNDS TO BE
TAKEN FROM THE SOUTH POINTE ELEMENTARY SCHOOL
LAND ACQUISITION PROJECT WORK ORDER NO. 2970.
WHEREAS, on November 3 , 1988, the City of Miami Beach,
Florida, instituted an eminent domain action styled City of Miami
Beach v. Herrera, et al. , Case No. 88-46741, for the purpose of
acquiring sixteen parcels of property in Miami Beach for the
purpose of expanding the South Pointe Elementary School ; and
WHEREAS, as set forth more specifically in the attached
Offer for Sale, said parcel being legally described as the East
1/2 of the West 1/2 of Lot 1, Block 100, Ocean Beach Addition No.
3 , according to the plat thereof, 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 $62 , 700 for the
subject parcel ; and
WHEREAS, the City Attorney has recommended acceptance of
this offer.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that:
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 Jose Herrera and Amelia
Herrera, his wife, concerning parcel number 1, legally described
as the East 1/2 of the West 1/2 of Lot 1, Block 100, Ocean Beach
Addition No. 3 , according to the plat thereof, recorded in Plat
Book 2 at Page 81 of the Public Records of Dade County, Florida
1
in City of Miami Beach v. Herrera, et al. , is hereby accepted and
approved; and
3 . the City Commission thus authorizes the appropriation
of $62,700. 00 for the settlement of parcel number 1 in City of
Miami Beach v. Herrera, et al. , said monies representing payment
in full for the taking of said property, said funds to be taken
from the South Pointe Elementary School Land Acquisition Project
Work Order No. 2970.
PASSED and ADOPTED this 16th day of November
1988 / 4(
Ai_.f A _ALAILar,
ATTEST: WOR
-{bp)t-AT, 227 FORM APPROVE,
CITY CLERK LE
AL DEP,
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2
OFFER FOR SALE
In consideration of the sum of $10. 00, receipt of which is
hereby acknowledged, we hereby offer to sell to the City of Miami
Beach, for the price of sixty-two thousand seven hundred
($62 ,700) dollars, the following described property commonly
known as: 1014 - 4th Street, Miami Beach, Florida.
Legally described as:
East 1/2 of West 1/2 of Lot 1, Block 100, Ocean Beach
Addition No. 3 , Plat Book 2 , Page 81
The sum of sixty-two thousand seven hundred ($62 , 700)
dollars is compensation in full for the described property, free
of all encumbrances, including liens, mortgages, judgments,
contracts for the payment of money, real estate taxes and other
governmental levies for all prior years. Seller shall be
responsible for documentary stamps, including surtax, and his own
attorney's fees. Real estate taxes and prepaid rents shall be
prorated to the date of closing. All improvements on the
described property are included in this offer.
This offer for sale is made on the understanding that
eminent domain proceedings as to this property were filed on
November 3 , 1988 ; consequently, this agreement is made to
forestall protracted litigation.
We understand that this offer is subject to approval of the
City Commission of the City of Miami Beach and it can be accepted
only by payment to me. Delivery of possession shall be within
fifteen (15) days after payment of the above amount unless
written consent to an extension is received.
The sale is subject to the following special conditions:
1. The seller reserves the right to remove all personal
property and appliances from the premises prior to
demolition of the premises.
2 . The foregoing is subject to tenants in possession and
such leases as the tenants may have. Seller agrees not to
enter into any written leases after the date of this offer.
3 . Seller' s delivery of good and marketable Title.
This offer for sale is irrevocable for a period of thirty
(30) days from this date.
DATED this 9th day of November, 1988 .
fj
-Jose Herrera
(:61/14,L;L__ - -,eAARA,4(
Amelia Herrera, his wife
1
OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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ARNOLD M.WEINER *kitscor
P.O.BOX 0
�'4)C ���`h, MIAMI BEACH,FLORIDA 33119-2032
CITY ATTORNEY '`��.H, _-
TELEPHONE(305)673-7470
. -
TELECOP ' (305)673-7002
COMMISSION MEMORANDUM " f, le
DATE: NOV. 16, 1988
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob Parkins
FROM: Arnold M. Weiner 114\'--Vi
City Attorney
SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , PARCEL NO. 1-
SETTLEMENT OF PROPERTY VALUES
City of Miami Beach Resolution Nos. 87-19007 , 88-19212 and 88-
19415 were respectively adopted on October 17 , 1987, April 6,
1988 and October 19, 1988 approving the taking of various
properties for the public purpose of expanding the South Pointe
Elementary School in Miami Beach, Florida.
Consequently, 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,
for the purpose of condemning the aforementioned properties;
included among these properties is the following described
parcel:
(PARCEL #1 - 1014 - 4TH STREET, MIAMI BEACH, FL 33139)
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.
Mr. and Mrs. Jose Herrera, owners of the property described
above, have agreed to settle on the issue of property valuation
in the amount of $62 , 700. 00. I recommend that Jose Herrera and
Amelia Herrera' s offer be accepted since it would be more
economically advantageous for the City of Miami Beach to settle
this lawsuit rather than proceed to trial. Since the property
owners need to close as soon as possible, this matter has not
been brought before the Land Use Committee due to the exigencies
of time. As such, the attached Resolution has been prepared for
your consideration and approval.
AMW/JKO/rg
•
AGENDA
1 — P\
_..-._._.._... ITE M
DATE 1 I—1 CP—SS
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
ORIGINAL
RESOLUTION NO. 88-19448
(Approving and accepting the settlement
offer in City of Miami Beach v Herrere,
et al, concerning payment of $62,700.00 for
the taking of Parcel No. 1 therein, legally
desceibed as the East % of the West 2 of
Lot 1, Block 100, Ocean Beach Addition No.
3, 100, Ocean Beach Addition to the Plat
thereof, recorded in Plat Book 2, at page
81 of the Public records of Dade County,
Florida, said funds to be taken from the
So. Pointe Elementary School land acquisit-
ion project Work Order No. 2970)