HomeMy WebLinkAboutR-80-0495/0' /l`
RESOLUTION NO. 8 0- i 9 5
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO EVE DICKIE AND ELLEN ELA, WITHOUT THE -
ADMISSION OF LIABILITY, THE AGGREGATE SUM OF
$20,000.00, INCLUSIVE OF ATTORNEY'S FEES, IN FULL
AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS
IN CONJUNCTION WITH A LAWSUIT INVOLVING THE CON-
VEYANCE OF EAST � OF LOT 52 POMONA SUBDIVISION
AND EAST � OF LOT 26 OF POMONA SUBDIVISION AGAINST
THE CITY OF MIAMI, CONDITIONED UPON VOLUNTARY
DISMISSAL WITH PREJUDICE OF THE LAWSUIT AGAINST
THE CITY OF MIAMI AND OTHER PARTIES.
WHEREAS, EVE DICKIE and ELLEN ELA, through their attorney,
John M. Murrell, Jr., filed a complaint aqainst the CITY OF MIAMI,
DAVID F. ROBERTSON, MARTHA H. SHEPARD, MARK HAMPTON, GENE A. LEWIS,
and FINANCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF DADE COUNTY
and alleged that the City improperly conveyed the East � of Lot 52
of POMONA Subdivision and the East 2- of Lot 26 of POMONA Subdivi-
sion, which had been previously conveyed to the City for street
purposes; and
WHEREAS, the land which is the subject of the lawsuit was
conveyed by the City after having been used by the Plaintiffs for
road purposes and access for ingress and egress to their property
and both Plaintiffs had built garages utilizing the said road; and
WHEREAS, the above case has been investigated by the City
Attorney who recommends that this case be settled for the sum of
Twenty Thousand Dollars ($20,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
`
OF MIAMI, FLORIDA: "DOCUMENT I UnEX
ITEM NO.—,-57,.
Section 1. That the Director of Finance is e e y authorized
to pay to EVE DICKIE and ELLEN ELA, without the admission of
liability, the sum of Twenty Thousand Dollars ($20,000.00) in full
and complete settlement of all claims and demands against the City
of Miami, involving the conveyance of the East � of Lot 52 of
CITY COMMISSION
MEETING OF
JUN26 198U
MKUNM No.....8. .
5
Pomona Subdivision and the East � of Lot 26 of Pomona Subdivision,
upon the execution of a Notice of Voluntary Dismissal With Preju-
dice of the Complaint, Counterclaim and Crossclaims and of a
Notice of Discharge of Lis Pendens; such sum of $20,000.00 being
an aggregate sum which includes payment of attorney's fees for
both Eve Dickie and Ellen Ela.
PASSED AND ADOPTED this 26 day of DUNE I
1980.
_ MAURICE A. FERRE
M A Y O R
ATTEST:
RALP G. ONGIE, CITY CLE
PREPARED AND APPROVED AS TO FORM:
J N J. PELA , JR.,
ASSISTANT CITY ATTORL
APPROVED AS TO FORM AND CORRECTNESS:
ir
80-495
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�IrV QF MIAMI. Ft-OtflDA
iNTER-OFFICZ MEMORAP401iM
City Manager June 3, 1980
Ang Bellamy
Eva Dickie and Ellen Ela v.
City of Miami, et al.
Circuit Court No. 78-8146 _
e ge F. Kno Jr. _
Ci ttorney City Commission Meeting
of 6/26/80
Attached find original memorandum to the City Commission
enclosing the original draft of a proposed resolution to
be submitted to the City Commission at its meeting of
June 26, 1980.
GFK/RFC/rr
Enc.
80-495
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The Honorable Members of
The City Commission
e F. Knox,
Attorney
June 3, 1980
Eve Dickie and Ellen Eta v.
City of Miami, et al.
Circuit Court No. 78-8146
City Commission Agenda of 6/26/80
This suit arose from the adoption by the City Commission on April 28,
1977 of Resolution No. 77-381 which authorized the conveyance by the City
Manager of the following parcels of land: The East � of Lot 52 to David F.
Robertson who owned the West of Lot 52 and the East � of Lot 26 to Martha
H. Shepard who owned the West 'i of Lot 26.
Defendants in the suit, along with the City, are David F. Robertson,
Martha H. Shepard, Mark G. Hampton, Gene A. Lewis and Financial Federal
Savings and Loan Association of Dade County. Defendant Robertson, after
receiving the property from the City, subsequently conveyed the East �i of
Lot 52 to the Defendants Hampton and Lewis. Defendant Financial Federal
Savings and Loan Association of Dade County holds a mortgage on the above
described property of Defendants Hampton and Lewis. Defendant David
Robertson has filed a Cross -claim against the City for any amount that
Dickie, and/or Hampton and Lewis, are successful over and against Robertson.
Defendants Hampton and Lewis have filed a Cross -claim against the City for
an amount that Financial Federal is successful in a Cross -claim against
Hampton and Lewis, for punitive damages for failing to issue a building
permit for erection of a fence and for claims asserted by Plaintiff Dickie,
for loss of use of property.
The land in question, which was conveyed by the City to Robertson and
Shepard, had been conveyed to the City on January 25, 1926 for the purposes
of a street, however, the street had never been paved. The Plaintiffs, Dickie
and Eta, relied upon the location and orientation of Brooker Street and used
the unpaved street as access for ingress and egress to and from their property.
The Plaintiff Dickie's garage was constructed so that it was only entered
from the street, and Plaintiff Eta's garage doors are similarly located. The
action of the City Commission in enacting, Resolution No. 77-381 was based on
the fact that Florida Statutes, Section 255.22, allows a municipality, upon
demand by a grantor or his successor, to (Quit Claim property which was not
used for 60 consecutive months for the specific purpose for which it had been
deeded. On two occasions, each Plaintiff had inquired as to the status of
the property, and were assured by City Officials that a public hearing would
be had if ever the street was to be closed. Through an error, a determination
was made by the City that the property had never been used for vehicular traf-
fic and notice was not given to the Plaintiffs, Dickie and Eta, before the Reso-
lution was adopted. Additionally, it appears no visual inspection was made by
the City before taking the action.
8.07495 !
i
The Honorable Members of
The City Commission
-2- June_ 3, 1980
The Plaintiffs, through their attorney, Mr. .John Murrell, Jr., have
asked for the amount of $24,500.00, which consists of the following break-
down:
$15,000.00 to Eve Dickie, dimunition of value of her
property;
1,650.00 to Eve Dickie for expenses of necessary alterations
to her property;
2,000.00 to Ellen Ela for dimunition of value of her property
and necessary alterations;
255.35 reimbursement for Court costs, filing, service of
summonses, certified copies and depositions;
5,574.65 Attorney's fee to John 1•J. Murrell, Jr., attorney
for plaintiff.
The above estimate as to dimunition of value of the Dickie property is based
upon an appraisal completed by Evelyn Gross, a member of the National Society of
Fee Appraisers. The other amounts are repair estimtes from Wilfred S. Hall,
a contractor and Childress Tree Surgery. The amount for the Ela dimunition
was provided by plaintiffs attorney based on other estimates in the case.
After extensive settlement discussions and negotiations the Plaintiffs
have agreed to accept a compromise in the amount of $20,000.00, as follows:
$13,289.00 to Eve Dickie;
2,000.00 to Ellen Ela;
4,611.00 to John M. Murrell as attorney's fees;
100.00 Court costs, deposit.
The above amounts reflect a savings to the City from what the plaintiffs
would he able to prove as damages in dimunition and for repairs and additional
compromise has reduced the court cost and attorney's fees incurred. Such amounts,
cost and fees reflected above appear to he reasonable.
In exchange for this settlement there will be a voluntary dismissal with
prejudice of their Complaint, removal of the Lis Pendens, dismissal with
prejudice of Cross-clain and Counterclaims. Attorneys, for all the parties
involved have been contacted and will agree to the settlement in this manner.
After investigation and consideration of the merits of this case by the
City of Miami Attorney's Office, this Office recommends that the City of Miami
pay the total sum of $20,000.00 to the Plaintiffs, Eve Dickie and Ellen Ela
in settlement of this case.
GFK/JJC/wpc
8Q-495