HomeMy WebLinkAboutR-87-0279J-87-276
3/12/87
RESOLUTION NO. 137-2"
A RESOLUTION CONDITIONALLY ACCEPTING THE
OFFER BY THE OWNERS OF CERTAIN REAL PROPERTY
LOCATED AT APPROXIMATELY 2202-2220 WEST
FLAGLER STREET AND 20 BEACOM BOULEVARD IN THE
CITY OF MIAMI, MORE PARTICULARLY DESCRIBED AS
LOTS 81, 91 10 AND 11 INCLUSIVE, OF THE
KENILWORTH REVISED SUBDIVISION, AS RECORDED
IN PLAT BOOK 5 AT PAGE 115 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, TO CONVEY
TOTAL INTEREST IN SAID PROPERTY TO THE CITY
OF MIAMI FOR THE SUM OF FIVE HUNDRED AND
THIRTY-FIVE THOUSAND DOLLARS ($535,000.00),
TO BE USED AS PART OF THE SITE FOR THE SOUTH
DISTRICT POLICE SUBSTATION; FURTHER,
AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO PROCEED TO CLOSE ON SAID PROPERTY AFTER
EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE; SAID ACQUISITION COSTS
TO BE PROVIDED FROM 1984 MIAMI POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES
BONDS.
WHEREAS, the City Commission adopted Emergency Ordinance
No. 9803, which provided for the construction and establishment
of a full service police substation in the Little Havana area;
and
WHEREAS, the approved site of the South District Police
Substation includes that parcel of property known as Parcel No. 4
which is owned by Maria T. Morales, the fee simple title to all
of which is required for this valid public and municipal use; and
WHEREAS, this property is presently owned by Maria T.
Morales and consists of Lots 8, 9, 10 and 11, inclusive of the
Substation site ("Morales tract"); and
WHEREAS, the Morales tract is an essential element in the
development of the Little Havana Substation; and
WHEREAS, the owner has previously rejected an offer of
$337#750.00; and
WHEREAS, this Commission directed the Staff and the City
Attorney to negotiate the acquisition of the property, inclusive
of all interest; and
WHEREAS, pursuant to those instructions, the negotiations
resulted in an offer from the owner to convey all interest
z
(ownership and leasehold) on the Morales tract to the City of
CITY COMMISSION }
MEETING OF
E
MAR 13 19gT
Miami for an amount totaling $535,000.00. The City would acquire
total interest in the parcel, and have no further obligation for
any expenses, including moving expenses, business expenses,
leasehold interests, relocation benefits, damages, and any other
unascertained claims, including attorney's fees; and
WHEREAS, the City as obtained three appraisals on said
parcel; and
WHEREAS, the City's recent experiences in condemnation
acquisition has reflected a disastrous escalation in costs due to
such proceedings; and
WHEREAS, the offer quoted herein takes in consideration all
costs which may have accrued to the property owners by virtue of
any City action and further reflects the City's policy of
providing a bonus to property owners and relocation expenses by
businesspersons displaced by public acquisition of real estate
within the South District Police Substation site; and
WHEREAS, the acquisition of this site and the expenditure of
funds provided herein are in the best interest of the general
welfare of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Commission hereby accepts the offer
of Maria T. Morales ("Offeror") to convey title to the City of
Miami of that cet.-tain parcel of real property known as Parcel
No. 4 on the site of the proposed South District Police
Substation for the sum of FIVE HUNDRED THIRTY-FIVE THOUSAND
DOLLARS ($535,000.00). Said parcel is generally known as 2202-
2220 West Flagler Street and 20 Beacon Blvd. within the City of
Miami, and is more particularly described as Lots 8, 9, 10 and 11
inclusive, KENILWORTH REVISED SUBSTATION, as recorded in Plat
Book 5 at Page 115 of the Public Records of Dade County, Florida.
Section 2. Acceptance of this offer is conditioned and
contingent upon the Offeror conveying total interest and clear
title to said property free of, inter alia, any and all claims by
owner, and any and all current and former tenants, for any claims
-2-
r
whatsoever, including, but not limited to, damages, relocation
expenses, business expenses, leasehold interest, relocation
benefits, attorney's fees, and any other unascertained claims,
and providing written assurances, acceptable to the City
Attorney, of compliance with the intent of this paragraph.
Section 3. The City Attorney is hereby authorized and
directed to proceed to close on said property upon examination of
the abstract and confirmation of the Opinion of Title and
compliance with the conditions set forth in paragraph 2 above.
Section 4. Funds in the amount of FIVE HUNDRED
THIRTY-FIVE THOUSAND DOLLARS ($5350,000.00) from the 1984 Miami
Police Headquarters and Crime Prevention Facilities Bonds are
hereby allocated and authorized to pay the cost of said
acquisition.
Section 5. All recitals and findings contained in the
preamble of this resolution are hereby incorporated by reference
thereto and are hereby adopted as it fully sets forth in this
Section.
PASSED AND ADOPTED this 13th day of March, 1987.
XAVIER L. SUAREZ MAYOR
Ll
MATTY HIRAI
C TY CLERK
PREPARED AND APPROVED BY:
Jw'-p r-a �h-W al
L E. MAXWEL
SISTANT CITY ATTORNEY
JEM/db/M365
APPROVE TO FORM
AND COR TNESS:
LUCIA A. DOUGH
CITY ATTORNEY
-3-
a�-x-rs'
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
„
TO; Honorable Mayor and
j Members of the City
Commission
FROM:
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE:
FILE:
SUBJECT: Resolution Authorizing
the Acquisition of the
Morales Property - South
REFERENCES: District Substation
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing acquisition of the Morales
property, located at 2202-20 West Flagler Street, in connection
with the South District Police Substation. This tract is
essential to the development of the South District Police
Substation.
BACKGROUND:
The General Services Administration Department offered to
purchase the four lots of the Morales tract beginning on May 16,
1986, for a total of $415,525, which amount was based on the
average of two appraisals plus a bonus, as authorized by
Resolutions 86-289 and 86-290. The property owner rejected the
City's offers. On October 27, 1986 the matter was turned over to
the City Attorney for initiation of condemnation proceedings.
Further negotiations between the Law Department and the attorney
for the property owner resulted in agreement to settle in the
amount of $535,000, inclusive of attorney's fees, any and all
interest in the property, and relocation costs. As time is of
the essence and, since this property is the second largest in the
project, the acceptance of this offer will afford the City a
relatively fast acquisition of the property, as opposed to
condemnation proceedings which will be much more expensive, both
in terms of time and money.
Attachments: Proposed resolution
Proposed purchase & sale agreement
A
IS77 I ■