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HomeMy WebLinkAboutCRA-R-05-0011 Backup DocumentationCRA Conveyance of Properties to St. John CDC Settlement Agreement Folio # (Ref #1- to be conveyed) 01-3136-036-0100 (Ref #2 - to be conveyed) 01-3136-036-0090 (Ref #3 — already conveyed) 01-3136-036-0070 Property Address 243 NW 13 ST 235 NW 13 ST 1311 NW 2 CT Legal Description PARRYS RESUB PB B-163 LOTS 27 & 28 LOT SIZE IRREGULAR OR 17064-152 0196 3 PARRYS RESUB PB B-163 LOT 26 LOT SIZE 30.000 X 84 OR 17064-152 0196 3 PARRYS RESUB PB B-163 PT OF LOTS 20 THRU 22 - BEG 41.87FTS OF NW COR OF LOT 20 TH S52.07FT E79.74FT N8.90FT NW90.60FT TO POB & ALL LOTS 23 THRU 25 & E5OFT OF LOTS 2004 Assessed Value $10,080 $17,307 $83,260 Lot Size 5,040 SQ FT 2,520 SQ FT 41,630 SQ FT Primary Zone 6100 RESTRICTED COMMERCIAL 3900 MULTI -FAMILY, MEDIUM DENSITY RESIDENTIAL 6100 RESTRICTED COMMERCIAL EXHIBIT "F" DESCRIPTION OF CRA PROPERTY FOLIO 01-3136-036-0070 PARTS OF LOTS 20 THRU 22, BEGINNING 41.87 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 20 THENCE SOUTH 52.07 FEET, THENCE EAST 79.74 FEET, THENCE NORTH 8.90 FEET, THENCE NORTHWEST 90.6 FEET TO THE POINT OF BEGINNING; AND ALL OF LOTS 23 THRU 26 AND THE EAST 50 FEET OF LOTS 29 THRU 38 AND ALL OF LOTS 39 THRU 48, BLOCK 1 OF PARRY'S RESUBDIVISION OF SOST'S SUBDIVISION AS RECORDED IN PLAT BOOK B, PAGE 163, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CL Pr) .—t P.O. Box 015344 MIAMI, FLORIDA 33101-5344 PHONE: (305) 372-0682 FAx: (305) 381-9574 'REV. HENRY NEVIN - FOUNDER OFFICERS: NELSON L. ADAMS, III, M.D. Chairman of the Board LEONARD TURKEL 1st Vice Chairman REV. HENRY NEVIN 2nd Vice Chairman INEz A. WtLcox Secretary t WILLIAMS Ass,. aecretary REV. JOHN H. TAYLOR Treasurer GRACE K. HUMPHREY Asa Treasurer BOARD OF DIRECTORS: Robert Baker Franklin Clark Edwin Demeritte, Ed. D. Marvin Dunn, Ph.D. Ricardo Forbes Gregory D.-Gay Homer Humphrey Doris P. Isaac Johnnie L. King Lyn Morrison, R.N. Claudette Randle L. Lucile Reddick Andrew Robinson r°_..-te Tripp narles E. Uptgrow Anrsa H. Ward Rosemary Wilcox July 7, 2004 JCOMMUNITY DEVELOPMENT OHN CO RPOR ATION Mr. Frank Rollason Community Redevelopment Agency 49 N.W. 5th Street, Suite 100 Miami, Florida 33128 Dear Mr. Rollason: Further to our discussions, St. John CDC hereby requests an agenda appearance before the CRA Board to complete transfer of two Lyric Village parcels left out of the Legal Description of the original documents of the Settlement Agreement between the City and St. John CDC. It appears that the original intent was to transfer several folio numbers for consolidation of all the parcels needed for redevelopment of the properties. However, two small parcels were omitted, and neither the City nor St. John CDC was aware of this fact at that time. During the course of title searches, we determined that the Legal Descriptions did not include the subject parcels, located immediately to the east of the 1301 N.W. 3'd Avenue property. I look forward to hearing from you further in this regard. Sincerely, ca,42gaiarot David J. Alexander President/CEO DAVLD J. Alexander President/CEO HoL[and+Knight July 6, 2004 Tel 305 374 8500 Fax 305 789 7799 Mr. Frank K. Rollason, Executive Director Southeast Overtown/Park West Community Redevelopment Agency . . 49 Northwest 5th St., Suite 100 Miami, Florida 33128 ri tf) f''J Holland & Knight LLP Brickell Avenue, Suite 3000 Mibmi, Florida 33131 www.hklaw.com William R. Bloom 305 789 7712 william.bloome klaw.com Re: Settlement Agreement dated April 28, 2003 by and between St. John Community Development Corporation ("St. John CDC"), the City of Miami (the "City") and the Southeast Overtown/Park West Community Development Agency ("CRA") with respect to the Lyric Village Project Dear Frank: As you are aware, the Settlement Agreement executed on July 22, 2003 contemplated that the CRA would convey to St. John CDC, .a parcel of property which was described on Exhibit "F" to the Settlement Agreement. As part of the settlement documents, the CRA executed a Special Warranty Deed conveying the property described on Exhibit "F" to the Settlement Agreement to St. John CDC as required by the terms of the Settlement Agreement. Apparently, while St. John CDC obtained a title insurance commitment and policy with respect to the property conveyed by the CRA to St. John CDC, they never obtained a survey of the property to confirm that the legal description was correct. St. John CDC was under the impression that the legal description included the property under folio number 01- 3136-036-0100 containing 5,040 square feet and the property under folio number 01-3136-036-0090 containing 2,520 square feet, as well as the propertydescribed on Exhibit "F" to the Settlement Agreement. This additional land was not included in legal description. Based upon the ownership of the adjoining properties, it is clear that St. John CDC requires these two additional properties so that the property acquired from the CRA is contiguous to the property owned by St. John CDC (see sketch enclosed). Annapolis • Atlanta • Bethesda • Boston • Bradenton • Chicago • Fort Lauderdale • Jacksonville • Lakeland • Los Angeles Miami • New York • Northern Virginia • Orlando • Portland • Providence • Rancho Santa Fe • St. Petersburg • San Antonio San Francisco • Seattle • Tallahassee • Tampa • Washington. U.C. • West Palm Beach Beijing • Caracas* • Helsinki* • Mexico City • Rio de Janeiro • S3o Paulo • Tel Aviv* • Tokyo • 'Representative office Mr. Frank K Rollason, Executive Director Southeast Overtown/Park West Community Redevelopment Agency Page 2 July 6, 2004 Based upon the appraisal obtained by the CRA, the adjoining property conveyed by the CRA was valued at $2.28 per square foot as of October 20, 2002. Based upon this value of $2.28 per foot, the property not included in the conveyance would have a value of approximately $17,242.00. The appraisal obtained by the CRA in October of 2002, only included the property that was actually conveyed to St. John CDC and did not include this additional property. Based upon my understanding of the Settlement Agreement, it was the intention of the parties for the CRA to convey to St. John CDC the land required for its development and not just the two parcels that were conveyed. Unfortunately, the CRA did not realize that St. John CDC desired the additional property assessed under Folio Numbers 01-3136-036-0090 and 01-3136-036-0100 to be included as part of the settlement and St. John CDC failed to discover that all the property that it desired to acquire was not included in Exhibit "F" to the Settlement Agreement. • As a result of this error, I recommend that you request the Board authorize the conveyance of the additional property to St. John CDC subject to the same requirements as contained in the original Special Warranty Deed, i.e., that the property would automatically revert to the CRA in the event that the mixed use development was not commenced on the property within six years of June 12, 2003. Please contact me at your earliest convenience to discuss how you wish to handle this matter. WRB:ljn Enclosures # 2086260_v2 Sincerely yours, HOLLAND & KNIGHT LLP et4,-/eap„ William R. Bloom SITE MAP CO 11e - - 65- SO Ar 9814 flit QUINLIVAN APPRAISAL QUINLIVAN APPRAISAL