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Home My WebLink AboutSEOPW-CRA-R-03-0072POCKET ITEM - AV 07/28/03 RESOLUTION NO. SEOPW/CRA R- 03 3 '" ! ry 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING SETTLEMENT OF THE QUIET TITLE LAWSUIT WITH THE CITY OF MIAMI AND MIAMI-DADE COUNTY INVOLVING CERTAIN LOTS OF BLOCK 36 OF P.W. WHITE'S RESUBDIVISION AND LOTS 1 THROUGH 12 BLOCKS 45N AND 56N OF A.L. KNOWLTON'S MAP OF MIAMI IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. WHEREAS, on June 11, 2001, Miami -Dade County filed a . complaint to Quite Title in the Civil Division of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Miami -Dade County against the City of Miami, Florida, and The Southeast Overtown/Park West Community Redevelopment Agency seeking to enforce an automatic reverter of title as to the parcels of property involved in Blocks 36, 45N and 56N in the City of Miami, Miami -Dade County, Florida; and WHEREAS, said Blocks 36, 45N and 56N were previously deeded by Miami -Dade County to the City of Miami by virtue of County Deeds recorded in O.R.B. 13689 at Page 3728; O.R.B. 13689 at Page 3731 of the Public Records of Miami - Dade County Florida; and SE®PW/CRA 037 72 WHEREAS, the City of Miami, Florida, The Southeast Overtown/Park West Community Redevelopment Agency and Miami -Dade County have agreed to settle all the pending issues involved in the quite title lawsuit; and WHEREAS, the terms of said settlement are set out in detail in the Settlement Agreement attached hereto as Exhibit A to this resolution; and WHEREAS, the General Counsel and the Executive Director hereby recommend the settlement of this lawsuit under the terms and conditions set out in the Settlement Agreement as Exhibit A to this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, that: Section 1. The General Counsel and the Executive Director are hereby authorized to settle the quite title lawsuit involving the parcels of property in Blocks 36, 45N and 56N, previously deeded to the City of Miami by Warranty Deeds recorded in O.R.B. 13689 at Page 3728 and O.R.B. 13689 at Page 3731 of the Public Records of Miami -Dade County, Florida on he terms and conditions set forth in the Settlement Agreement attached as Exhibit A to this resolution. SEOPW / CRA 93- 72 Section 2. The Southeast Overtown/Park West Community Redevelopment Agency will execute quit claim deeds to Miami -Dade County for said Blocks 36, 45N and 56N in substantially the form attached as Exhibit B to this resolution and same will be held in escrow in accordance with the terms of the attached Settlement Agreement. Section 3. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of July 2003. ART UR E. TEELE, JR., CHAIRMAN ATTEST: a. 'k �- A�"' Priscilla A. Thompson Clerk of the Board APPROVED AND CORR #N O VILARELLO GENERAL COUNSEL CCM:jhv SEOPW/CRA ")3- 72 • • MIAMI-DADE COUNTY, a political subdivision of the State of Florida, Plaintiff, VS. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT OF FLORIDA IN AND MIAMI-DADE COUNTY GENERAL JURISDICTION DIVISION CASE NO. 01-13810 (CA-08) CITY OF MIAMI, Florida, a Florida Municipal corporation, and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, Defendants. SETTLEMENT AGREEMENT Florida Bar No. 180724 Plaintiff, MIAMI-DADE COUNTY, a political subdivision of the State of Florida, and the Defendants, CITY OF MIAMI, Florida, a Florida municipal corporation, and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, Defendants, agree to the following terms in EXHIBIT A SEOPW/CRA 03- 72 Miami -Dade County vs. FEC Case No. 99-100 Page No. 2 full and complete settlement of the above -designated quiet title suit: I. The CITY OF MIAMI and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY will execute quit claim deeds to MIAMI- DADE COUNTY in the forms attached hereto as Exhibits 1 and 2 of this Settlement Agreement and made a part hereof for those certain lots of Block 36 of P.W. White's Resubdivision, Plat Book `B' at Page 34 and for Lots 1 through 12 of Blocks 45N and 56N of A. L. Knowlton's Map of Miami, Plat Book `B' at Page 41 (the "Property"). Said property being the subject of this quiet title suit and more particularly described on Exhibits A to the quit claim deeds attached as Exhibits 1 and 2 to this Agreement. 2. The quit claim deeds will be held by Miami -Dade County General Services Administration (GSA) in escrow for a period of four (4) years, said period to begin August 1, 2003 and end not later than August 1, 2007. 3. Unless the CITY OF MIAMI and/or SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY shall have or caused to have commenced construction of development on all of the Property by August 1, 2007, then GSA shall file the escrowed quit claim deeds in the public records of Miami -Dade County, Florida and the fee simple title to the Property shall be deemed legally quieted in MIAMI- DADE COUNTY without further order of this Court. Alternatively, should the CITY OF MIAMI and SOUTHEAST OVERTOWNTARK WEST COMMUNITY REDEVELOPMENT AGENCY have commenced or caused to have commenced SEOPW/CRA _13 - 72 • Miami -Dade County vs. FEC Case No. 99-100 Page No. 3 construction of development on all of the Property, the quit claim deeds will be deemed null and void and of no further legal force or effect and the deeds shall be stricken through and returned to the office of the city attorney together with a copy of this settlement agreement. In such event MIAMI-DADE COUNTY shall provide the city a document, in a recordable form, that provides that the terms of the reverter provisions have been satisfied and the reversionary interest of MIAMI-DADE COUNTY is extinguished without further order of this Court. 4. The phrase "commenced construction of development" shall mean that all required construction and development permits have been issued on a complete set or sets of plans for a specific project or projects of one or more constructed floors of residential, commercial, retail, office or mixed use on all of the Property, and that actual physical construction work is taking place on a continuing basis on all of the Property. 5. In the event that any development on the Property requires payment for the Property, solely as a result of the sale of the fee simple interest in the Property, to the CITY OF MIAMI and/or SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY from the chosen developer(s), then the CITY OF MIAMI and/or SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY shall, prior to entering into any development agreement(s) for the Property, submit said proposed agreement(s) to the Board of County Commissioners for its approval prior to entering into said agreement. Upon delivery of the proposed development SEOPW/CRA 93- 72 Miami -Dade County vs. FEC Case No. 99-100 Page No. 4 agreement(s) to the County Manager, the time period identified in paragraph 3 herein shall be tolled only up to the time the Board of County Commissioners shall approve the sale under the proposed development agreement(s). 7. Resolutions of the Board of County Commissioners of Miami -Dade County, the Commission of the City of Miami and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY approving this settlement are attached hereto and incorporated herein by reference. DATED this day of July, 2003. ROBERT A. GINSBURG Miami -Dade County Attorney Stephen P. Clark Center Suite 2810, 111 N.W. First Street Miami, Florida 33128-1993 Thomas Goldstein Assistant County Attorney Attorney for Plaintiff CITY OF MIAMI ATTORNEY' S OFFICE 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 as Charles C. Mays SEOPW / CRA 03- 72 Miami -Dade County vs. FEC Case No. 99-00100 Page No. 5 Assistant City Attorney City of Miami, Florida THOMPSON COBURN LLP One Firstar Plaza Suite 3100 St. Louis, MO 63101 I0 Mary Bonacorsi, Esquire Attorney for Southeast Overtown/ Park West Community Redevelopment Agency SEOPW / CRA 03- 72 QUIT CLAIM DEED THIS DEED, made this day of , 2003, A.D., between the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, party of the first part hereinafter referred to as "Grantors" and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, party of the second part hereinafter referred to as "Grantee". WITNESSETH: That said parties of the first part or Grantors for and in consideration of the sum of Ten Dollars ($10.00) to it in hand pay by the Grantee, receipt of which is hereby acknowledged, and other good and valuable consideration, do hereby grant, bargain and sell to the Grantee, its successors and assigns forever, all right, title and interest acquired by the Grantors in and to the following land situate, lying and being in Miami -Dade County Florida: (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT A) This Quit Claim Deed conveys only the interest of The City of Miami and Southeast Overtown/Park West Community Redevelopment Agency, the Grantors herein, in the property described on the attached Exhibit A and shall not be deemed to warrant the title or to represent any state of facts concerning the same. EXHIBIT I SEOPW / CRA Aj3- 72 • IN WITNESS WHEREOF, the said Grantors have cause those presents to be executed in their name and have hereunto set their seal the day and year first above written. CITY OF MIAMI, FLORIDA. a municipal corporation of the State of Florida City Manager ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENTY City of Miami Attorney SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida Attest By: 2 SEOPW/CRA iJ3- 72 STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me personally appeared and to me well known to be the Mayor or Vice -Mayor and Clerk or Deputy Clerk of the City of Miami of Miami, Miami, Miami -Dade County, Florida, who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes herein expressed. Witness my hand and official seal, this day of , 2003. Notary Public, State of Florida At Large. My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me personally appeared and to me well known to be the of Southeast Overtown Park West Community Redevelopment Agency, who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes herein expressed. Witness my hand and official seal, this day of This instrument was prepared by: Thomas Goldstein Assistant Miami -Dade County Attorney Suite 2810, 111 N.W. First Street Miami, Florida 33128-1993 3 Notary Public, State of Florida At Large. My Commission Expires: 2003. SEOPW/CRA 03- '72 EXHIBIT A LEGAL DESCRIPTION TO QUIT CLAIM DEED FROM CITY OF MIAMI AND SOUTHEAST OVERTOWN PARK/WEST COMMUNITY REDEVELOPMENT AGENCY TO MIAMI-DADE COUNTY BLOCK 36 OF P.W. WHITE'S RE -SUBDIVISION Lots 1, 2, 3, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 22, 23, 24, 26, 27, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 43, 46, 47 and 48 in Block 36 of P. W. WHITE'S RE -SUBDIVISION, according to the Plat thereof, recorded in Plat Book 'B' at Page 34 of the Public Records of Miami -Dade County, Florida; LESS that portion thereof lying within the Metropolitan Dade County Metrorail right-of-way which is described as follows: Begin at the Southeast corner of said Block 36; thence run S 87°46'59" W, along the South line of said Block 36, for a distance of 1.53 feet; thence run N 04°44'53" W for a distance of 187.90 feet to a point of intersection with the arc of a circular curve concave to the Southwest, the center of which bears S 82°00'08" W from said point of intersection; thence run Northwesterly along the are of said circular curve concave to the Southwest, having a radius of 987.00 feet, through a central angle of 06°39'50", for an arc distance of 114.79 feet to the point of intersection with the North line of said Block 36; thence run N 87°46' 14" E, along the North line of said Block 36, for a distance of 27.71 feet to the Northeast corner of said Block 36; thence run S 02°16'19" E, along the East line of said Block 36, for a distance of 301.01 feet to the Point of Beginning. SEOPW/CRA 03- 72