RESOLUTION 89-19711 RESOLUTION NO. 89-19711
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
$90, 000. 00 FOR THE TAKING OF PARCEL NUMBER 9
THEREIN, LEGALLY DESCRIBED AS LOTS 7 AND 8 ,
LESS THE EAST 100. 06 FEET IN BLOCK 100, OCEAN
BEACH ADDITION NO. 3 , PLAT BOOK 2 , PAGE 81,
DADE COUNTY, FLORIDA (REPRESENTING PAYMENT IN
FULL FOR SAID PROPERTY) , WITH $5, 000. 00 FOR
TOTAL ATTORNEY 'S FEES (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 $75, 000. 00 into the Registry of the Court,
representing the Petitioner' s deposit of funds regarding parcel #9
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 9 in the
subject lawsuit, said parcel being legally described as 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) settlement of this parcel has been offered
upon receipt of $90, 000. 00 for the subject parcel ' s property value
(representing payment in full for said property) with $5, 000 . 00 for
Attorney' s fees (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 9 , (legally described as 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)
in City of Miami Beach v. Herrera, et al, is hereby accepted and
1
approved; and
3 . The City of Miami Beach thus authorizes the appropriation
of $20, 000. 00 ($15, 000. 00 as balance due for parcel #9, and
$5, 000. 00 as total attorney' s fees) for the settlement of parcel
#9 in City of Miami Beach v. Herrera, et al , said funds
representing total remaining payment for the taking of said
property, and total attorney' s fees, 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 September , 1989 .
/ //7
ATTEST: ..L
YOR :_
6 ,r
CITY CLERK
FORM APPROVED
LEG g DEPT
AMW/J KO/rg By y A. I
Date , ,
2
OFFICE OF THE CITY ATTORNEY
64 IricAnni ward
F L O R I D A
ARNOLD M. WEINER '*kINCORP TED*-
•
- P.O.BOX O
•�P�H MIAMI BEACH, FLORIDA 33119-<032
CITY ATTORNEY .,.. _
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
Ca
COMMISSION MEMORANDUM *-41 /41/6 /
DATE: SEPT. 6, 1989
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Arnold M. Weiner
City Attorney
SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , CIRCUIT COURT
CASE NO. 88-46741, PARCEL NO. 9 - SETTLEMENT OF PROPERTY
VALUE
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 in regards
to 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 Michi•an 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. 3
AGENDA
ITEM
1
if-
,
i
DATE
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR— MIAMI BEACH, FLORIDA 33139
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 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 $75, 000. 00 regarding parcel #9 into the
Registry of the Court (representing the Petitioner' s deposit of
funds pursuant to Order of Taking) . Negotiations with Leon Black,
Esquire representing parcel #9 , located at 1017 3rd Street,
(legally described as 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) have
resulted in an offer for sale in the amount of $90, 000. 00,
representing compensation in full for the subject property, and
$5, 000. 00 representing payment in full for attorney' s fees for
total legal representation of parcel #9, with costs to 'De
determined at a subsequent date. (Copy of letter regarding offer
for sale, attached to City of Miami Beach resolution herein) . I
recommend that Attorney Black's offer 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
a resolution concerning settlement of parcel #9 in this litigation.
Should the City Commission approve this resolution, appropriation
of the funds for this acquisition are to be taken from the South
Pointe Elementary School Expansion Project Work Order 2970.
AMW/JKO/rg
Attachments
2
4
LAW OFFICES
KELLY, BLACK, BLACK, BYRNE, CRAIG 8C B EASLEY
PROFESSIONAL ASSOCIATION
1400 ALFRED I. ouPONT BUILDING
FRANK J. KELLY(1903-1983) MIAMI, FLORIDA 33131
LEON D. BLACK,JR.
HUGO L. BLACK,JR. MIAMI(305)358-5700
ROBERT C. BYRNE BROWARD(305)525-6441
LAWRANCE B.CRAIG= PALM BEACH(305)659-7749
JOSEPH W. BEASLEY
RICHARD M. BALES,JR.
LAURI WALDMAN ROSS TELECOPIER(305)358-7269
August 23 , 1989
Jean K. Olin, Esq.
First Assistant City Attorney
City of Miami Beach
P. O. Box 0
- Miami Beach, FL 33119-2032
PF: City of Miami Beach v. Herrera
Parcel Nc. 9 ; Calvo
Dear Jean:
As you requested I am enclosing a copy cf a letter
from our rca] estate appraiser, Jchn D. Nope , in connection
with Parcel 9 in the above-styled cause. The Calvcs are
willing tc settle for $90 ,000 net to them and we believe this
is a very reasonable settlement under the circumstances .
As vcu know , Eurnett Petr, and I are co-counsel in
this matter and we will accept e $5 , 000 fee if the case is
settled promptly. T have been unable to reach my real estate
appraiser, but believe that at this stage of the game he would
be willing tc accept approximately $2 ,000 .
Please let me knew if you are in a position to
settle on this basis.
Sincerely,
Leon D. Black, Jr. • +
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ORIGINAL
RESOLUTION NO. 89-19711
Approving and accepting the settlement
offer in City of Miami Beach V. Herrera,
ET Al, concerning payment of $90,000.00
for the taking of Parcel Number 9 therein,
legally described as Lots 7 and 8, less
the east 100.06 feet in Block 100, Ocean
Beach Addition No. 3, Plat Book 2, page 81,
Dade County, Florida (representing payment
in full for said property) , with $5,000.00
for total attorney's fees (cost to be de-
termined at a later date) ; and further
authorizing the funds for this acquisition
to be taken from the South Pointe Elemen-
tary School Expansion Project Work Order
2970.