RESOLUTION 89-19809 RESOLUTION NO. 89-19809
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
$37 , 500. 00 FOR THE TAKING OF PARCEL NUMBER 2
THEREIN, LEGALLY DESCRIBED AS THE WEST 1/2 OF
THE EAST 1/2 OF 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 AND $500. 00 FOR APPRAISAL FEE; 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 $35, 000. 00 into the Registry of the Court,
representing the Petitioner' s deposit of funds regarding parcel #2
pursuant to the Order of Taking; and
WHEREAS, as set forth more specifically in the attached letter
from Attorney J. Michael Fitzgerald, Counsel for parcel number 2
in the subject lawsuit, (said parcel being legally described as
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) settlement of this parcel
has been offered upon receipt of $37, 500. 00 for the subject
parcel 's property value (representing payment in full for said
property) with $5, 000. 00 for Attorney' s fees and $500. 00 for
appraisal fee; and
WHEREAS, the subject property currently has a title defect which
will prevent the City from obtaining title insurance on said
property, consequently payment of any and all sums under this
settlement is conditioned upon prior receipt of proof that the Deed
recorded in Official Records Book 10294 , page 2255, Public Records
of Dade County, Florida from Hyman P. Galbut, as Trustee (Grantor)
to the Most Reverend Edward A. McCarthy, as Archbiship (Grantee)
was executed pursuant to proper court order in the action styled
In Re: Trust Under Will of Michael Braniszewski, Case No. 67-19513
(Duval) , or other evidence satisfactory to the City' s title
insurance underwriter ; and
WHEREAS, the City Attorney of the City of Miami Beach has
recommended acceptance of this offer subject to receipt of the
1
curative documents referenced above.
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 J. Michael Fitzgerald,
concerning parcel number 2 , (legally described as the West 1/2 of
the East 1/2 of 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 approved; and
3 . The City of Miami Beach thus authorizes the appropriation
of $8, 000. 00 ($2 , 500. 00 as balance due for parcel #2, $5, 000. 00
as total attorney' s fees 4, and $500. 00 for appraisal fees) for the
settlement of parcel #2 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. However,
payment of any and all sums under this settlement is conditioned
upon prior receipt of proof that the Deed recorded in Official
Records Book 10294 , page 2255, Public Records of Dade County,
Florida from Hyman P. Galbut, as Trustee (Grantor) to the Most
Reverend Edward A. McCarthy, as Archbishop (Grantee) was executed
pursuant to proper court order in the action styled In Re: Trust
Under Will of Michael Braniszewski, Case No. 67-19513 (Duval) , or
other evidence satisfactory to the City' s title insurance
underwriter.
PASSED and ADOPTED this 15th day of November , 1989 .
ATTEST:
VICE-MAYOR
FORM APPROVED
CITY CLERK
LEGAL DEPT.
AMW J KO r
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OFFICE OF THE CITY ATTORNEY
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F L O R t D A
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ARNOLD M. WEINER - P.0 BOX 0
CITY ATTORNEY H MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305)673-7470
TELECOPY (305) 673-7002
.71/ -} (V(:)
COMMISSION MEMORANDUM
DATE: NOV. 15, 1989
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Arnold M. Weiner 79764"
-
City Attorney
SUBJECT: CITY OF MIAMI BEACH V. HERRERA, ET AL. , CIRCUIT COURT
CASE NO. 88-46741, PARCEL NO. 2 - 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 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 # ' s 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
Dade
Public Records ofCounty, Florida.
AGENDA
1 ITEM — 12)
DATE f-/S- X(7
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 # ' 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 8i
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 a l, Case No. 88-46741 concerning the above-
described parcels. On December 28 , 1988 , Petitioner City of Miami
Beach deposited the sum of $35, 000. 00 regarding parcel #2 into the
Registry of the Court (representing the Petitioner' s deposit of
funds pursuant to Order of Taking) . Negotiations with J. Michael
Fitzgerald, Esquire representing the owner of parcel #2 , located
at 1008 4th Street, (legally described as the West 1/2 of the East
1/2 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) have resulted in an offer for sale in the amount of
$37, 500. 00, representing compensation in full for the subject
property. In addition to the referenced purchase price, the City
will be obligated to pay $5, 000. 00 representing payment in full for
attorney' s fees for the legal representation of the owner of parcel
#2 , and an appraisal fee of $500. 00 for a total settlement value
of '$43 , 000. (Copy of letter regarding offer for sale, attached to
City of Miami Beach resolution herein) . The settlement of this
action and payment of any and all sums in this settlement is
conditioned upon prior receipt of proof that the Deed recorded in
Official Records Book 10294 , page 2255, Public Records of Dade
County, Florida from Hyman P. Galbut, as Trustee (Grantor) to the
Most Reverend Edward A. McCarthy, as Archbishop (Grantee) was
executed pursuant to proper court order in the action styled In Re:
Trust Under Will of Michael Braniszewski, Case No. 67-19513
(Duval) , or other evidence satisfactory to the City' s title
insurance underwriter. I recommend that Attorney Fitzgerald' s
offer be accepted since it would be more economically feasible to
pay the amounts, as outlined hereinabove, rather than proceed to
2
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trial . I have thus prepared a resolution concerning settlement of
parcel #2 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
3 V)
FITZGERA.LD, PORTELA & PORTUONDO
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
MUSEUM TOWER
150 W. FLAG LER STREET, SUITE 2701
PALM BEACH OFFICE
MIAMI, FLORIDA 33130 189 BRADLEY PLACE
PALM BEACH, FLORIDA 33480
TELEPHONE (305)358-0737 (407) 659-6438
TELEFAX(305)358-5845
REPLY To:
Miami
October 27 , 1989
Ms. Jean K. Olin
Assistant City Attorney 5300 . 13
P. O. Box 0
Miami Beach, FL 33119-2-32
Re: City v Herrera
Dear Ms. Olin:
I have conveyed to my client the settlement offer contained
in your letter of October 26 . The offer is accepted. Please
prepare the settlement documents and a check payable to our trust
account.
Very truly yours,
.<./..176A-71/a/4—e2
J. Michael Fitzgerald
JMFhj/JMF 5 7 .MIAMI BEA
•Y
OFFICE OF THE CITY ATTORNEY
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F L 0 R 1 D A
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ARNOLD M.WEINER ..y� �,; P.O.BOX o
CITY ATTORNEY th,26--��9= MIAMI BEACH.FLORIDA 33119-2032
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TELEPHONE(3051 673-7470
TELECOPY (305)673-7002
October 26, 1989
J. Michael Fitzgerald, Esquire
Fitzgerald, Portela & Portuondo
150 W. Flagler Street =2701
Museum Tower
Miami, Florida 33130
RE: CITY OF MIAMI BEACH V. HERRERA
Dear Mr. Fitzgerald:
The City Attorney and I have reviewed your letter of October
1989 in which you offer to settle the Archbishop ' s property in the
above-styled lawsuit for a value of $40 , 000 . After reviewing your
appraisal report, the City is prepared to submit a counteroffer of
$37 , 500 , which figure represents the median value between the
City ' s and your appraisal reports. Should the counteroffer be
acceptable to your client , your offer of attorney ' s fee of $5 , 000
and appraisal fee of $500 will be accepted by the City.
Very truly yours e
1:1
Jean! . Olin
First Assistant City Attorney - Litigation
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1700 CONVENTION CENTER DRIVE—FOURTH FLOOR—MIAMI BEACH, FLORIDA 33139
ORIGINAL
RESOLUITON NO. 89-19809
Approving and accepting the settlement
offer in City of Miami Beach V. Herrera,
ET AL, concerning payment of $37,500.00
for the taking of Parcel Number 2 therein
legally described as the west 1/2 of the
east 1/2 of 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 and $500.00 for
appraisal fee; and further authorizing the
funds for this acquisition to be taken
from the South Pointe Elementary School
expansion project work order 2970.