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HomeMy WebLinkAboutR-89-0448J-89-396 4/19/89 RESOLUTION NO. 89-448 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO MARE AN OFFER AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, 'WITH THE PROPERTY OWNERS FOR ACQUISITION OF TWO PARCELS (PARCEL NO'S. 07- 02 AND 07-03) WITHIN THE EDISON/LITTLE RIVER COMMUNITY DEVELOPMENT TARGET AREA AND WHICH IS MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B", TO BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES IN CONNECTION WITH THE CITY SPONSORED SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM; FUNDS ARE AVAILABLE FROM THE ORIGINAL $1,000,000 ALLOCATED FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ACQUISITION OF THE SUBJECT PROPERTIES IN CONNECTION WITH THE SAID PROGRAM; FURTHER AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION OF OPINION OF TITLE. WHEREAS, there exists a severe shortage of standard housing in the City of Miami affordable to families and individuals of ; low and moderate income; and } WHEREAS, on October 23, 1986, the City Commission passed and adopted Resolution No. 86-840, which approved implementation of the Scattered Site Affordable � Housing _Development Program ram in the City's Community Development Target Areas for the purpose of + providing owner -occupied residential units within the affordability range of qualified low and moderate income purchasers. WHEREAS, in October of 1986, the City Commission authorized j ' the issuance of $4,200,000 in Special Obligation Bonds for the i f providing construction financing for such housing; and purpose o p g g 9 WHEREAS, the City, serving as developer, plans to finance,, the development of single family owner -occupied residential units: in the Edison/Little River neighborhood under the Program; and Kam= K. S x`�} 'ti?'�1, y..C;x � S •:w i1� , -z .Y tR 4 i. {b :.r� � •.1. �'F� '�t�5-' ;�,ra a f �"',H F � F ��A ���w�ix�,�,^.�''S*ln"�.+R+ F`rrYe`� ��°Lx.Ff � +n °rF. �yt:.e,-'•� r -- r..�i 'd+�' 4 t d ............. H9 1­; 4 17 gq 'N. Y Y ... �^�fa� c5e�'�. ..�st ..i}x3`2 _ i:at •F .�wnm,�x W-.c '. F . , . _ . t , . .. , '� !ra ,. i,{`lrr_�.4, WHEREAS, two (2) parcels in the Edison/Little River 0omadnity Development Target Area have been identified and recommended for the development of housing affordable to lour and moderate income families; and WHEREAS, the City of Miami is interested in acquiring two (2) parcels of land located in the Edison/Little River neighborhood which are more particularly and legally described in the attached Exhibits "A" and "B" for the development of such housing; and WHEREAS, appraisals have been obtained and efforts to secure — the property for valid public and municipal purposes through negotiation should be undertaken by the City; and - WHEREAS, funds in the amount of $562,825 were available from the original $1,000,000 allocated from llth Year Community Development Block Grant funds for land acquisition costs in — connection with the Program. WHEREAS, the amounts set. forth, in Exhibits,: _"A" , and "B" are reasonable and in keeping with the costs: of acquiring- property s- ;= through :the.normal:negotiation process; and i WHEREAS, the.City Commission previously:- established a.policy under;- ,Resolution No. 77.-73 to provide a bonus over, thet _appralsed value ,:,to owners -.who sell their property , to the ;,City through a � negotiated settlement in lieu of condemnation; t ' NOW, THEREFORE, BE IT, RESOLVED BY THE .COMMISSION OF.. THE CITY OY MIAMI, FLORIDA: Section _ 1. The City , Manager is. hereby authorize&; , to30 g negotiate with the property owners of two (2) parcels of land in r the Ediaan/Litt] a River Community Development. Target Area and which, ;:a]ce par.ti.cularly ;and iegallY described ..in the attached Exhibits ,t n B" "C,� and "D" for the P uisic3ori of said arcel ; :Sect ion - Thefol .ors ng . ;uf f�exa as i.nd3.cated aro i�►g�re y autY�Qr f zed to be roads to the owners of the subject gropezt3.es �', ua�r' ` 'K,4 m✓v� Z`1„ fir; r.# i '"3 r PY4ed be i6wi r `'"t T{i��,�"-� d `�, . i�, ?�`'+ti"Fth _ � f.. v` �,•`w k 'a�.2 07-02 41JP11-iCf4�.-i' PURCHASE PARCE4ADbRESS OWNER PRICE"....,- 5629 N.W. 6th Ave. Burton 'Engels, Tr. $ L 5b 07-03 5437-47 N.W. 1st Ct. Pedro A. daimot $16,000 Section 3. The City Manager is further hereby authorized to negotiate with ;the above property owners within the framework of the appraisals obtained for the parcels and further authorized to offer a settlement bonus as per Resolution No. 77-73. Section 4. Adequate Eleventh Year Community Development BlockGrant land acquisition funds which exist as an available balance 1/ remaining from the $1,000,000 previously authorized by the City Commission, are hereby designated to defray the cost of said acquisitions. Section 5. The City Attorney is hereby authorized to proceed, to. close on said properties after examination of the abstract and: confirmation of an Opinion of "Tide; if approved by the City Attorney, the City Manager is hereby authorized to execute :the Agreement of Purchase and "' Sale ` of the •subject properties identified at the costs stated in Exhibit "A" and to disburse the sums) of money in accordance with the City Commission's approval. r Section 6. All recitals and findings contained in. the preamble of thi-s,, "Resolution are hereby incorporated by reference thereto and are hereby adopted as if fully set forth in this, Section. Section 7. This Resolution shall become effective,, E immediately upon its adoption pursuant to law. r • k F K 4 �r 4P l/ Said.balance as of March 9, 1989 was $5621825AMA � <�' :3.yt }F. hW. .? � q •; i r l�x.'� '.t' ,x t s § k f Yg �'e -a• F-•'.i'� p 1 i Yt may., f^4, d' �" y!' 3 � —f i PASSED AND ADOPTED this ].1th day o iuta 1989. — X r .- F IER L. SUAgEZ.YOR ATTEST s:— MATTY HIRAI# CITY CLERK 1 -:u { COMMUNITY DEVELOPMENT REVIEW: ¢' C ANEDA, DIRECTOR >— COMMUNITY DEVELOPMENT — FINANCE REVIEW: BUDGETARY REVIEW: — CAR RCIA, DIRECTOR MAN0 SURANA, DIRECTOR FINANC EPARTMENT MANAG NT AND BUDGET PREPARED AND , — APPROVED BY: CAPITAL BUDGET REVIEW; �C?ray ✓ /j7 Iota � y� ROBERT F. CLARK UARDO RODRIGUEZ CHIEF DEPUTY CITY ATTORNEY ,. PROJECT MANAGER: APPROVED AS TO FORM AND CORRECTNESS.— ; a OR L. FERN DEZ CIT ATTORNEY ' VV k2JQ� ]O�BtT 'A' PARCEL. 1N0. 07-02 _ PARCEL ADDRES6: 5629 Northwest 6th Avenue' PROPERTY LEGAL DESCRIPTION: Lot: 17, Block: 4 Buena Vista Gardens Plat Book 5-45 FOLIO NUMBER: 01-3113-042-0800 OWNER OF RECORD: Burton Engels, Tr. LAND AREA: 50 x 125 (will support one (L) single family home) ACQUISITION COST: $7,150 PARCEL NO. 07-03' PROPERTY ADDRESS: 5437-47.Northwest lst;Court PROPERTY LEGAL DESCRIPTIONN. 53 Ft. f Com. At A Pt-15;Ft.Av- : .o N. Of And 2036.97 Ft W : of SE hx. Corner. Of Sec.."13-53 41 TH. .142 Ft ." `N. 130. Ft . For . POB W • 65 Ft. N- `'162.24 'Ft". E. 0 Ft -* ,,',-So 162.97 Ft. W. 35 Ft To.POB. 1 and Beg. 15, Ft. N. and 2036.97 Ft`., W-i , ' s r, _ of SE Corner W. 142 Ft. N. 134 Ft. W. 65 Ft. N. 222.24 Ft. to POB E . 100 Ft.'. : S . 60 Ft.W ..100 Ft.N. .60 Ft`. to' POB. t . FOLIO No.: 01--3113-000-0530 21-3113-000-0790 '�` W 't r a{r sy,tr;a } OWNER: OF RECORD.' Pedro A. Jaimpt��. 103 `x sgp�otwHa �:ngls familyj�o� F£' �} t!` -5�., j—{ z v " ,,�5�;� .� '�+� 4�tt� �,1 2.' 1 . $�SaIX'Ri1✓V 4 x�''� a�^i 2 '~ � i 1i � "yr ^. i '� j' r '� s �x" r;Y ''a 7 ,.:k a Lr^ ' _>r � .ray- rh"is �,.r t '� ..'�•aA fi - �, n .r�s j.. _ f s `� � �,'�. .� tr > �a••F s � rl� r e, �,� � ' �.�r � � s` a x-, v,m,'' _ � � 3i �. � ar r��,�� ,�y .� a N ` ,�■ ;.ti „ .f• „i•" ..fir{. �� • +� � �... .1 • ■ a t i Y *i ;V:, ! f ��-`�� �.p' r !1�• , , • 1 . ,� ' `�r, .SIT •,•� r /� �+ IT AIIW Av AIL � �. �., a 11iG l.. r'• •pl t .+`�; _ j+ t.. LA.lilt vufta Ot i, •, P :1� t' i t 1 a' � �. �. {+q` yyr` t ,!� .r �,, ` ,M• d [ �,k U „2 lkr 1•" i p , M , , y'�r'�' -+� � 1• •fir � ) " IN 11 rlS.�s sI 1.ydL _ 1 , tii A'. � i .fry:'. ��s:�•;r : fi. ,'�. •:� ` . 6 ��.; « fi '•'� i r• 1 �.'d F 1 . 17 Ell t ,y �+��� .• Jet �: �� s ♦� ` 1 it 1�-71 i r *4 rif C, ► �t � •r !t• r T � Y G ' a' i 1 ;' � i{ � � ! t I•a; �� +*sty.; � %, �i ��� .�+,. M � �f pig iiyq� ietr.-.. ; .tit?Y?- !, a... y . �. r• yj4��y EXHIBIT "C" AGREEMENT OF PUkCHASE,. AND SALE _ day of TH19 AGREEMENT entered into this Dade County► Florida, a 1989, by and be THE CITY OF MIAMI, hereinafter Municipal Corporation of the State of TRoriresiding/located referred to as CITY. and BCIRTC�N ENGSLS. at 25 West Flagler Street, #1101, Miami, Florida, 33130 hereinafter referred to as "SELLER." W I T N E S S E That H: - WHEREAS, the SELLER is owner 6th fAven e, real property 17, p Block: 4, fully described as 5629 Northwest Buena Vista Gardens, Plat Book: 5/45, Folio No. 01-3113-042- 0800, and WHEREAS, the CITY desires to purchase said property located _ 2) for use in at 5629 Northwest 6th Avenue (housing progrParcel No. am Din the City of conjunction with the affordable _ Miami. _ NOW, THEREFORE, in consideration of the sum of One Hundred = Dollars 0100), and other good and valuable consideration, it is hereby covenanted and agreed between the parties as follows: ' 1. In consideration of the CITY paving g the SELLER the sum of. Seven Thousand One Hundred arts Deeds convey Oto the SELLER shall, by ,General Warranty the City good, marketable and. insurable title., free, of liens and encumbrances to that certain real property, - (together with the improve ents and n described rediinmparagraph appurtenances which are legally one (1) , above) m set 2. The th in - CITY shall pay the SELLER the su to be held fort given paragraph (1) hereof, minus any sums —i to others pursuant to the terms of this Agreement by. CITY Warrant at the closing within sixty (60) days from the City the date of the execution of this Agreement by �? and SELLER. ter. 3. All taxes and assessments of record for the year 1989, shall be prorated as of the date of closing, and shall P be paid or satisfied by the SELLER prior to closing.; 4._ A11 -certified liens, encumbrances and charges of record ` against the real property, and all pending liens against ! the real property, shall be paid or satisfied by, the $t iSELLER prior to closing. �£ _5. The SELLER agrees that loss or damage to the property by fire or other casualty, or acts of God, shall be at the k risk of the SELLER 'until the title to the land and•deed,. to the City have been accepted by the CITY. j_ event .that- such loss or damage occuxs, 'there shall pe an ,$,. —i ad•justment of the purchase price, which adj�st�►snt a}tai�.r be determined solely by the CITY.' to the property shall be delivered to,the CIfiX pn_ t; 4 - 6 Titlep - the . dat....o. closing• Howevexr from .and after' tke �a4 4 ,` this instrument,' the CITY, its agentae ex�ution o all Have .the xight to enter ;Upon,% ,k _ �r - cOntractQr$ .,sh .r oo}�Yexed Qr, makInc� studies,; surv+�ys, and <��� y i oa .n 1 r 5� # Yft�r£`e i.'` w y. 1Y.Y 't .= .y7•f' 'fl Z F� ` J a rai Is y'�. aaurdings aid pp 3 }µ y 2 a 7 . If the SELLER is a corporation, - SELLER hereby agrees to comply with Sectio*i 1gC,•23 = Florida Statutes by making a written Public Disc es of eeVeer under oath, of the names and terestsssin the Real person{s) having beneficial 1n specifically Property being conveyed to the CITY, unless sp -- exempt by provisions of said Statutes. Agreement shall be binding upon the heirs, 8. This Ag parties. executors, administrators and assigns of the according to the laws 91 This Agreement shall be governed of the State of Florida. roved - 10. The SELLER understands that 1this ity offer Miamhas b, Florieen da by by the City Commissio Resolution No. 11. If this is not executed by both parties to the Agreement — on or before June 15, 1989, this offer shall thereafter — be null and void. The date of the contract shall be the date when the last one of the CITY and SELLER has signed — this offer. 0 deposit delivered to the SELLER asa a taoposlt on 12. The $10 p :his Agreement shall act— execution of on closing, shall be credited this transactl:�n and, up to be paid at time of against the ,:•urchase Price closing r days from date of execution of this _ 13. Within fifteen .15� 1' ere brought Agreement, the 'TELLER shall cause to delivered to the — Agree — CITY the abstrar..t of title to the r _ to the date here :)f Dated the.date first written above. }- SELLER: Burton Engels,.. Tr WITNESSES: BY w E As to an individual As to an lndivi ual CITY OF MIAMI, a Municipal ATTEST: Corporation of the State -of G, i Florida r - BY V CESAR H.`ODIC . MATTY HIRAI City Manager.` City Clerk �q 3�i Fl Y v Y Q A/$■�'RD.: ARRC a x atkygy - Ji, $.- ,fs '.,rg3V{r ,�� i"',y ri*„vF `, a •�i, Lek ttiu2e"" �YrFrr:t ''F�ayi'iir .PvS?i'`. r J.. n T.ji1T•z ,�. 'C• � � •_�• n_g _ "t 'i iX{ l `4.� �i �r,+�a''yry�,�e7'€��i'. tr _ n. u �.Lj EXHIBIT AGREEMENT OF PURCHASE AND. _SALE THIS AGREEMENT entered into this day of Dade County, Florida, a L 1989, by and between THE CITY OF MIAMI, hereinaftef Municipal Corporation of the State of Florida, located at "CITY," and PEDRO A. JAI1�lOT residing/ referred to as Road, Orlando, Florida 32812, _ coo Payless Car Rentals, 3535 McCoy y s "SELLER. hereinafter referred to a" W I T N E S S E T H: that real property more WHEREAS, the SELLER is owner of N. 53 Ft • of fully described as 543'7-5447 Northwest Is Court,Of Com. At a Pt. 15 SE Corner of Ft. N. of And 2036.97 Ft. W• 65 Et N- Ft. 13-53-41 TH. W. 142 Ft. N. 130 Ft. For POB W. 15 16 2.24 Ft. E. 100 Ft. S. 162.97 Ft.rieW W 5 142 Ft N B 130BFt•• W- Ft. N. And 2036.97 Ft. W• Of SE CornerN. 65 Ft . N. 222.24 Ft • To POB E. 103113-000-0530 t •and 10� 3113-0004 Ft• To POB-0 Folio Numbers: 01 0790. _ AND urchase said property located _ WHEREAS, the CITY desires to P for use in 5437-5447 Northwest 1st Court (Parcelram -oin) the City of co unction with the affordable housin9 pro9 conjunction Miami. NOW, THEREFORE, in consideration of the. sum of One Hit undreds Dollars ($100), and other good and valuable consideration, hereby covenanted and agreed between the parties as follows: her y the SELLER, the sum >° _ 1. In consideration of the CITY paying the SELLER.shall,;, a Of Sixteen Thousand Dol.L3rS ($16,000)o the. City good,.. by General Warranty convey De=ed, mark etable and . insurat:.e title, free of liens and (together, encumbrances to that c��rtain real property, urtenances hereditaments and app �,. with the improvements, paragraph one (1) above)• 'a which are legally described in p sum set forth in be held or g - 2. The CITY shall pay the SELLER he even paragraph (1) hereof, millus any sums to f ursuant to t.ie terms of this Agreement, by ,§ to others p 60 days*from.,. ' CITY Warrant at the closing within sixty t )tali, the date of the executio.e of this Agreement by the City and SELLER. z ear 1989 3. All taxes and assessme nt:: of record for the a` shall be prorated as of the date of closing,nd shall be paid or satisfied by they SELLER prior to closing• x 4. All certified liens, encumbrances and ;charges o,f recozd al property, } and all pending liens against xzi UP against the rethe yea erty, shall �e paid or satisfied by the real prop a ��L`�'n i r1 —� SELLER prior to closing. x SELLER a reel that loss o o;'the r ertYy E`>` r. damage., . 5. The 9 shall be at; the ; fire or other casualty, or. ,ants a£ GQd r l sk of the SELLER until the title to the ,;land Van nt1�e f T z� t to 'the 'City have been accepted by the ' CITX xY . �. Fht��4evrit that such loss:or damage occurs,.':theX shall t e uchase price,, which ad jUstmsnt sment of th. p CITY mined solely by. the - _ 777777777 property shall be delivered to the CITY on 6. Title to the prop However, from and after the the date of closing- CITY, its agents, and execution of this instrument# the its contractors shall have the,righ�u� eenter n Surveys, and premises to be conveyed for making s tests, soundings, and appraisals. 7. If the SELLER is a corporation. PW therSectionr 286.23 SELLER hereby agrees to comply Florida Statutes by making a written Public Disclosure, Of under oath, of the names an interestsssin the everyes in person(s) having beneficial to the CITY, unless specifically Property being conveyed_ exempt by provisions of said Statutes. g. This Agreement shall be binding upon the heirs, executors, administrators and assigns of the parties. 9. This Agreement shall be governed according to the laws of the State of Florida. - ed 10. The SELLER understands City Commission of the City that thisffe er Of Miamhas i, Florida daby by the Resolution No. 11. If this is not executed by both parties to the Agreement on or before June 15, 1989, thisffer contractl shallreabefter the be null and void. The date of t he date when the last one of the CITY and SELLER has signed this offer. 12. The $100 depohe time:of sit delivered to the SELLER as a tdeposit on execution of this ,Agreement shall this transaction and, upon closing', shall be credited against the purchase prig to be paid at time of closing. 13• Within fifteen (15) days from date of 'execution of ,this t` Agreement, the SELLER shall cause to be delivered to the 4 ert brow ht CITY the. abstract of `title 'to the real prop Y g ,y to the -date; hereof . - M5 Dated the. date first written above. _ — SEL WITNESSES:LER: Pedro A. Jaimot 'r As to an individual As to an ind vidual N A CITY OF MIAMI, a Municipal N3. j ATTEST: Corporation of the State of Florida"7Y BY 4 CESAR H. ODIO y aY j `,_ MATTY HIRAI City ,Mat�ag�r City Clerk FARM AND r ;R' t APPROVED 1irRY t Yam' r ` } fr T 37-- CIV OF MIAMI. FLOHIDA INTER-OFFICI MEMORANDUM TO Honorable Mayor and Members DATE MAY ' of the City Commission Resolution Authorizin g , sue�Ec7: Acquisition of Two O — Parcels in Edison/Little Z River mom Cesar H. ttidi0 REFERENCES: City Commission Agenda Item May11, 1989 City Manager ENCLOSURES: a a- = t RBCOMMSIMTION: It is respectfully recommended that the City Commission adopt the in — attached resolution authorizing the purchase of two (2) parcels the t: — the Edison/Little River Community Development Target Area.for of developing affordable sales housing in connection with purpose the Cityr sponsored Scattered Site Affordable Housing Development Program in the Little Haiti neighborhood. s BACKGROUND:. The •Housing Conservation, and Development Agency recommends ratification ofr the =attached _ resolution which authorizes the purchase of two (2) parcels in. the Edison/Little River Community - Development Target Area for the purpose of developing affordable housing in the Little Haiti neighborhood. The proposed sales resolution authorizes and directs the City Manager to execute an Agreement of Purchase and Sale for the subject parcels currently under consideration for acquisition. In October of 1986, through Resolution No. $6-840, the City -. > Commission approved the implementation of the Citp's Scattered s Site Affordable Homeownership Development Program in the City's, Community Development Target Areas for the purpose of providing' y, owner occupied residential units within the affordability range Of qualified low and moderate income purchasers. In addition, he" City Commission authorized the City Manager_to proceed in securing Y.tt appraisals of home sites with initial emphasis in the.Allapattah, Model City, Wynwood and Overtown Target Areas. To date, seven (7) new single family homes have been recently sold and are occupied by low and moderate income families in the Model City neighborhood. Construction is also now underway on two (2) new single family homes in the Wynwood neighborhood. mt X ti "r y ,t.� - ��.�4tq'a�'�`''Ei� 9(,,��z{•'�x x} { r `t 4 f .� }x��t } s'€ -E'i x r f"�✓`�. tp, h +fi 1 terry. .pmx . '` {r .� • �rx rii%:t7rL a -� � r... `�� 2'," ^ a - h't '# ��•Sh r4 ,zit � � a x d t K,7 - �y -- �rC7.,i'r! fA¢,r L r �-- t i Ilk Resolution Authorising Acquisition of 2 Parcels in Edison/Little River Page - 2 It is anticipated that construction on two (2) new single family hones in the Allapattah neighborhood and four (h) additional homesh in the model City neighborhood will be underway by early July, - 1989. Acquisition of the subject parcels will afford the City the opportunity to implement the Program in the Edison/Little River :- _ Community Development Target 'Area and will result in the = development of three (3) new single family homes in the Little. _ Haiti neighborhood. As of March 9, 1989, approximately $562,825 — in funding which represents the remaining balance from the $1,000.000 in llth Year Community Development Block Grant Funding — previously authorized by the City Commission, in connection with the aforementioned Program, is available to defray the cost of — acquiring the subject parcels. In view of the need to provide affordable homeownership opportunities to low and moderate income families in the Little Haiti neighborhood in connection with the-City's Scattered Site Affordable Homeownership Development Program, City Commission ratification of the attached resolution is recommended. - _ 'iOi Y > t � 33 ` n SA i . { �;r"•�' �.�-� "��.��=�x��'� f Y'` �� :z.+�,iPNY � i ,� c { j rr 7j�4 �t�x7t`�+��3 a sP�,.{ :t � y �zO�W — 3 -.,,t,+��r F � Y^�.z�.a, 2 } y :: h •.. w • � 4 'J- } . fi 4 r •t f yHCf S t. '{'- � _— _ "` �t� �t �'���� ��• { ''� r ti w t.sf it y��r�� iir �3�+� t�� ; z yam' � � Y x � � _ a Y � � � � � t { "#,,�•„i%' a T" sY ae z�