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
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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
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