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HomeMy WebLinkAboutSEOPW-CRA-M-02-0154Law Offices Annapolis New York HOLLAND &KNIGHT LLP Atlanta Beticesda Northern riando G Orlando Boston Providence Bradenton St. Fbtersburg Chicago San Antonio 701 Brickell Avenue. Suite 3000 Fort Lauderdale San Francisco P.O. Box 015441(ZIP 33101-5441) Jacksonville Softie Miami, Florida 33131 LakEtand Tallatwssa Los Angeles Tampa Meltmume Washington, D.C. 305-374-8500 Miami West Palm Beach FAX 305-789-7799 trnime offm www.hklaw.com Carus' sa pak mawo Cky Td AW RiodeJok Tokyo 'P,pmsW,#M offix August 30, 2002 WnJIL4M IL BLOOM 305-789-7712 Internet Address: owbloom@Wdaw.com Ms. Annette Lewis Community Redevelopment Agency The City of Miami 300 Biscayne Way, Suite 430 Miami, Florida 33131 Re: Lyric Village Plat proposed by the Black Archives History and Research Foundation of South Florida, Inc. (the "Black Archives") (the "Proposed Plat") - Dear Annette: In accordance with our previous discussions I have reviewed the documentation forwarded to the Southeast Overtown/Park West Community Redevelopment Agency (the "CRA") with respect to the Proposed Plat for the Lyric Village expansion. The Proposed Plat proposed includes the following property which is owned by the CRA: 1. Folio No. 01-0103-060-1220 which is legally described as the South 5 feet of Lot 37 and Lots 44 and 45 less the West 7.5 feet thereof, Block 36 for street purposes. This parcel consists of 5,638 square feet, and has an assessed value of $42,849.00. ('Parcel 1") 2. Folio No. 01-0103-060-1210 which is legally described as the South 10 feet of Lot 36 and the North 20 feet of Lot 37 less the West 7.5 feet thereof, Block 36. This parcel consists of 3090 square feet, and has an assessed value of $24,720.00. ("Parcel 2") SEOPW/CRA SEOPW/CRA CA02- 154 ID m Ms. Annette Lewis August 30, 2002 Page 2 3. Folio No. 01-01.03-060-1051 which is legally described as the South 9.8 feet of Lot 12, all of Lot 13, Block 36 consisting of 3,828 square feet and has an assessed value of $30,624.00. ("Parcel 3") In addition to these 3 parcels owned by the CRA, the Black Archives, as part of the Proposed Plat, is attempting to vacate the Westernmost 10 foot alley shown on the Plat of P.W. White's Resubdivision of Block 36 North, recorded in Plat Book B, at Page 34. Since the CRA currently owns all of the land lying on the East side of this alley, upon its vacation, the East 5 feet of this vacated alley would revert to the CRA together with the West 5 feet of this alley with respect to that portion of the alley .wE,th is adjacent to thb CRA oryned-lots to the :'Vest, unless the City of Miami takes the position that the City is the owner of the alley as a result of having maintained same. Based upon my discussion with Joel Maxwell and my review of the underlying plat and aerial photographs, I do not believe the City would have a claim of ownership of the alley upon its vacation in accordance with applicable law. The property owned by the CRA which is intended to be included in the Proposed Plat is reflected on Exhibit "A" enclosed herewith. I have also indicated on Exhibit "A" the portion of the property owned by the Black Archives and the portion of the Property owned by Miami -Dade County. It is .my understanding that Miami -Dade County has not yet agreed to sign the application for the Proposed Plat. The first question that the Board has requested we address is whether the proposed Lyric Village plat includes any of the property which was subject to RFP issued in 1996 by the CRA for the Lyric.Village Project and the response dated August 9, 1996 submitted by St. John Community Development Corporation and Lyric Village Housing, Inc. (collectively, the "Lyric Village Joint Venture"). Based upon the site plan submitted as part of the response as well as the plan of survey prepared by Mario Prats, Jr. & Associates, Inc. dated November 12, 1997, and the legal description attached to the alleged Purchase Agreement executed by the CRA and St. John Community Development Corporation the lands located in Block 36 include Lots 1 to 3 (inclusive), 6 to 11 (inclusive), 14 to 19 (inclusive), 22 to 27 (inclusive), 30 to 35 (inclusive), 38 to 43 (inclusive), 46 to 48 (inclusive), Block 36 North, Plat Book B, at Page 34. These lots are highlighted on Exhibit "A". The lots included in this description include all of the lots immediately East of and adjacent to the 10 foot alley which the Black Archives intends to vacate. It appears that the legal descriptions utilized for all the documentation with respect to the RFP and the response did not include any interest of the CRA with respect to this 10 foot alley which is proposed to be vacated. SE®PW / CRA SBOPW I CR 02- 154 02- 15 Ms. Annette Lewis August 30, 2002 Page 3 Notwithstanding the provisions of the RFP and the response, on July 22, 1997 Herbert J. Bailey, the Executive Director of the CRA entered into an alleged Purchase and Sale Agreement with St. John Community Development Corporation as well as an alleged Agreement for Development between the CRA and St. John Community Development Corporation. It is the position of the CRA in the litigation that these documents were not authorized by the Board and are void. The Agreement for Development included a Joinder executed by Lyric Village Joint Venture. Simultaneously, with the execution of the alleged Purchase Agreement, St. John Community Development Corporation, Inc. executed a Mortgage, Assignment and Rents and Security Agreement in favor of the CRA. While the original RFP, the site plan submitted with the response and the plan of survey prepared for Lyric Village Joint Venture do not include the alley, the Purchase and Sale Agreement executed by Herbert Bailey includes in the description of the property to be sold the following: "all strips, gores, easements, privileges, rights of way and other tenements appurtenances, if any, pertaining to or accruing to the benefit of the Land and Improvements". Based upon this language, to the extent that St. John Community Development Corporation or the Lyric Village Joint Venture is successful in asserting that the CRA is obligated to sell the property to the St. John Community Development Corporation or the Lyric Village Joint Venture pursuant to the terms of the alleged Purchase and Sale Agreement, that conveyance would include the rights of the CRA with respect to the East 5 feet of the 10 foot alley to be vacated as part of the Proposed Plat. Based upon the foregoing while it appears that the original RFP and the response submitted by Lyric Village Joint Venture did not include any interest of the CRA in the 10 foot way which is proposed to be vacated, the alleged - Purchase and Sale Agreement would purport to grant an interest in this property to St. John Community Development Corporation, and therefore there will be a risk to the CRA should it agree to convey its interest in the East half of this 10 foot alley to the Black Archives prior to the settlement of the Lyric Village Joint Venture lawsuit unless a release is obtained from Lyric Village Joint Venture and St. John Community Development Corporation with respect to this strip of land. sEOPW / CRA SECPW / CRA Oar 154 K3 Ms. Annette Lewis August 30, 2002 Page 4 To the extent CRA wishes to accommodate the request of the Black Archives, I believe the following issues must be addressed and clarified by the Black Archives: 1. The Black Archives is requesting that upon the completion of the replatting of the property that the CRA convey to the Black Archives the east five feet of the ten foot alley which would be vacated which is adjacent to the property currently owned by the Black Archives. It is my understanding that the Black Archives needs this additional property to comply with setback requirements related' to modifications to the Lyric Theater. In this regard, I believe it would be appropriate for the Black Archives to make a presentation to the CRA Board formally requesting that the CRA cooperate with the Black Archives in the vacation of the alley and agree to convey this strip of property to the Black Archives for redevelopment purposes in accordance with Florida law. The CRA Board should then determine on what basis and subject to what restrictions they would convey the property to the Black Archives. 2. The Black Archives has' requested the CRA and Miami -Dade County to join in the proposed plat which is required to vacate the entire length of the ten foot alley. Prior to signing the application required in connection with the replat, the Black Archives should be required to disclose to the CRA how the subdivision will be reconfigured since it will have an effect on the ability of the CRA to deal with the various parcels it owns in this block. This information has previously been requested of the Black Archives. 3. To the extent that the Black Archives desires the CRA to convey additional portions of its property to the Black Archives as part of the replat process, the Black Archives should put the CRA on notice now of what additional lands the Black Archives desires to be conveyed by the CRA so that the CRA can make a global decision with respect to the assistance to be provided for the entire project. As previously stated, unless the current litigation with respect to the Lyric Village Project is resolved, while the CRA would be able to proceed with the replat process without a release or quit claim deed from St. John Community Development Corporation or Lyric Village Joint Venture, it would be required to obtain a release from St. John Community Development Corporation and Lyric Village Joint Venture prior to its being able to convey any portion of the vacated alleyway to the Black Archives. SEOPW/CRA 02- 154 SEOPW / 02- W W