HomeMy WebLinkAboutSEOPW-CRA-M-02-0155Law 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