HomeMy WebLinkAboutR-88-0892C
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J-88-930
10/5/88
RESOLUTION NO. SS—N92
A RESOLUTION AUTHORIZING THE OUT OF COURT
SETTLEMENT OF CONDEMNATION PROCEEDINGS
INITIATED AGAINST JOHN FROHOCK AS OWNER OF A
17,850 SQ. FT. PARCEL LOCATED AT 104
NORTHWEST 1ST AVENUE, WITH MONIES THEREFOR
PROVIDED THROUGH AN AGREEMENT DATED
JUNE 26, 1987, BETWEEN GRAN CENTRAL
CORPORATION, THE FLORIDA EAST COAST RAILWAY
COMPANY AND THE CITY OF MIAMI FOR THE
WIDENING AND UPGRADING OF NORTHWEST 1ST
AVENUES.
WHEREAS, the City of Miami and Metropolitan Dade County has
initiated condemnation of a 17,850 sq. ft. parcel of land located
at 104 Northwest 1st Avenue as authorized by Resolution
No. 87-450 adopted by the City Commission on May 14, 1987; and
WHEREAS, negotiations have been held between the attorneys
representing the landowner, the City Attorney, County Attorney,
and a representative of the Department of Development; and
WHEREAS, negotiations have resulted in an out -of -court
settlement purchase price of $3,290,245 for the property; and
WHEREAS, the settlement at this time will result in lower
ancillary expenses associated with condemnation which must be
paid by the City including legal fees and appraisals;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. An out -of -court settlement is hereby
authorized relative to condemnation proceedings for the
acquisition of a 17,850 sq. ft. land parcel located at 104
Northwest let Avenue, whereby the City Manager is authorized to
pay $3,290,245 as the purchase price for said parcel.
CITY COMMISSION
MEETING OF
OCT 6 1988
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Section 2. Said amount is to be paid thru the agreement
dated June 26, 1987, between Gran Central Corporation, the
Florida East Coast Railway Company and the City of Miami. 1/
PASSED AND ADOPTED this 6th day of
fit
ATTEST:
NATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
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JO E. MAXWEL
AIWSTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
4JORGL��.FLFRNAND4Z
CITYRNEY JEM/db/bs8/M796
,0%cctober 1989.
R L. SUA&Vt MAYOR
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1/ Funds therefor have been appropriated under CIP Project
#341105, "Southeast Overtown/Park West Street
Improvements - Phase I."
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
36
To Honorable Mayor and Members
of the City Commission :; �'f ? 7 1988
SURAMT Out of Court Settlement for
the Acquisition of a Parcel
located at 104 NW lot Ave.
FROM Cesar H. Odto ` REFERENCES:For City Commission Mtg.
City Manager 1': of October 13, 1988
{ ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City of Miami Commission
approve the attached resolution authorizing the out -of -court
settlement of condemnation proceedings initiated against John
F-rahcok as owner of a 11,850 sq. ft. parcel located at 104 N.W.
lot Avenue; with monies therefore provided thru an agreement
between Gran Central Corporation, the Florida East Coast Railway
Company and the City of Miami, for the widening and upgrading of
N.W. lot Avenue.
BACKGROUND:
The Department of Development, the Law Department and the Dade
County Attorneys office recommend a settlement of $3,290,245 for
this property.
The Government Center Traffic Plan approved by Dade County and
the Southeast Overtown/Park West Community Redevelopment Plan as
amended by City Commission Resolution No. 85-1247, recommend the
widening and upgrading of N.W. 1st Avenue from N.W. 1st to 10th
Streets, to accommodate improved traffic flow in this portion of
Downtown Miami.
The property located at 104 N.W.. lot Avenue lies substantially in
the proposed right of way for N.W. lot Avenue. Therefore, this
parcel must be acquired to accommodate the right of way increase.
On May 14, 1987 the City Commission by Resolution No. 87-4.50,
authorized the City Manager to initiate the acquisition of this
parcel and requested that the City or Dade County initiate
condemnation proceedings if the property could not bo purchased
by negotiation.
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Honorable Mayor and Members
of the City Commission
Page two
The City deposited $2,750,000 in the Court based on an appraised
value of $157 a sq. foot. Condemnation proceeding were initiated
by Dade County. Negotiations have been held between the
attorneys representing the property owner, the City and the
County. An out -of -court settlement was reached as follows:
Land, building - $ 3,050,000 ($170 per sq: foot)
Legal fees (approx.) - 200,000
Immovable fixtures - 40,245
TOTAL - $ 3,290,245
It is recommended that the $3,290,245 settlement be considered
favorably by the City Commission based on the following factors:
1. The minimum purchase price offered for the property was
$2,750,000.
2. Accumulation of excessive legal fees and costs
associated with condemnation proceedings, current
settlement approximately 6.5% is considered extremely
reasonable.
3. Apportionment issue between owner and leasehold
interests would significantly increase the legal felts in
this case.
4. The agreement between the City and Gran. Central
Corporation to rebuild N.W. 1st Avenue from N.W. let to
loth Streets may become an issue in the valuation trial
scheduled for October 17th.
Attachments:
Proposed Resolution
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