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Home My WebLink AboutR-78-0366SM. ~,~y _. ' ~ NIEAI s • x/16/78 RE50LtJTION NO, ~' $_ °' *~ (> ~~ _ A RESOLttTION AUTHORIZING THE CITY ATTORNEY TO DISMISS THE APPEAL IN THE CASE OF CITY OE MIAMI V, WALLACE G. KREIDT AND LA VERNE KREIDT•, HIS WIFE, ET AL., IN THE DISTRICT COURT OF APPEAL, _ THIRD DISTRICT, CASE N0. 78-758, SUBJECT TO A STIPULATION TO AMEND THE FINAL JUDGMENT SO THAT THE CITY OF MIAMI MAY ACQUIRE THE PROPERTY OWNED BY PLATO COX AND EDNA COX, FOR A TOTAL OF $700,000 PLUS RELOCATION ALLOWANCES, COSTS AND ATTORNEY'S FEES AND THE PROPERTY OWNED BY MAY DuPUCH SUBJECT TO A LIFE ESTATE FOR $30,000 PLUS COSTS AND ATTORNEY'S FEES. WHEREAS, the City of Miami is the owner of parcels of property formerly known as the "Ray Property" and the "Archdiocese Property"; and WHEREAS, the City filed a Civil Action styled City of Miami v. Wallace G. Kreidt, et al., Circuit Court Case No. 77-27919, in order to take three remaining parcels which it had determined to be necessary for the Latin Riverfront Community Park; and WHEREAS, the Honorable Jack Turner denied the City the right to take those parcels; and WHEREAS, the owners of two of those parcels are willing to sell said parcels to the City; and WHEREAS, those parcels are still necessary for the Latin Riverfront Community Park; and WHEREAS, the City has filed an appeal in .this action; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is hereby authorized to dismiss the appeal in the case of City of Miami v. Wallace G. Kreidt and Laverne Kreidt, his wife, et al., in the District Court of ,Appeal, Third District, Case No. 78-758, subject to a stipulation to amend the • 1 ~7r,+~~,~,,.. 1 ~ ,ti ~:. ~` --~~ ~f`,a ~": ___ ~mr ca~~tssi~N ~ Iw1E~T'ING QF MAY 1 9 t978 ~aN~uraM ra 7 . ~ ."..:~.~ r, 1'it~al .fudgmet~t so that the City o~ Miami tna~ acquire the p~ope~ty o~,rtted b~ Plato Cox and ~dtia Cox; fog a total of $700; 000 ~ilus ~'elocaton allowances; costs and atto~ne~'s fees and the ~i~ope~ty ot~med by May DuPucb subject to a life estate fog $30,000 plus costs and attorttey's fees: PASSED AND ADOPTED this 19 .day of MAY 1978: MAURICE A: FERRE: M A Y O R l ITY JERK PREPARED AND APPRO~VrE~D BY MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: -~ ~--~` CITY A ORNEY ~' T$~3tiG l "~' The f~otlo~ahle Membef's of the '~ ~= t~a~ 1.~, ~.9~8 ~"'` Cit Cominissott - --- . - - :. . _ _ -- Lath Ri~terfrottt Park _ __. . _ ~ ~- ~ ~ .. ... Geor F. Knox, ,fir _ - City Attorney . :,~. v In 1974, the City filed a case styled Cit of Miami v. Plato Cox in an attempt to take property on the Nliami River or the Latin Riverfront Community Park". The trial court denied the City the right to take the property and the denial of the City's right to -_ take was upheld in the appellate process. The City was~~able to __ acquire approximately 2 acres of property known as the Ray Property" and an appror:imate 1/2 acre of property known as the =~_ "Archdiocese property". In 1977, the City again filed a condemnation suit to take the 3 remaining parcels. The Court denied the City the right to take the property based on the doctrine of res judicata (a thing already decided), and further claiming that the City failed again to prove necessity. The City has subsequently filed an appeal; however, the appeal will be decided after the City loses a $314,000 grant. Defendant Plato Cox has agreed to sell the City his property for $700,000 and Defendant DuPuch has agreed to sell her parcel for $30,000 while retaining a life estate in and to herself. The City's appraisals on these 2 parcels are $500,000 (approximately), and $35,000. The Kreidts a rn not interested in selling their property to the City at any price. In addition, relocation costs for businesses on the Cox Property are expected to be approximately $65,000. Costs and attorneys fees would have to be decided by agreement after the resolution of the case or, if we are unable to agree, then they would have to be set by the Court. .,-rw,c..~~.. GFK/MEA/ s Resolution attached. V ~ rte.. Mayor and I~4e~nbefs of the pity' Cotttiti5~oti =~~~ ~tichard i,. Fosnoen Assistant City Manager .-~ h1AY 18 1g~~ satin Community Iti~erfront Park The purpose of this memorandum is to provide you 'with background information relating to the acquisition and development of a park within the Latin community. Prior and subsequent to passage of the 1972 Parks and Recreation Bond Issue, the Planning Department worked closely with community organizations and public bodies in an effort to identify an adequate site for a park to serve the Latin population. As a result of this effort, a 5.5 acre park was identified (see attached map). A $250,000 grant award was provided by the U. S. Department of Housing and Urban Development in 1972 to assist the City of Miami in acquiring land and developing the park. Two of the five parcels needed for the 5.5 acre park were purchased at a cost of $615,228. Attempts to negotiate a purchase agreement with the three remaining property owners, Mr. Plato Cox, P~Ir. ~~7allace Kreidt, and i•4s. May C. DuPuch, were initially unsuccessful. A condemnation suit filed against the Cox property was rejected with the court ruling that the City was premature in its action. In 1976, the Florida Department of Natural Resources approved a grant award of $314,550 to assist the City in acquiring the three remaining parcels. Negotiations with the land owners continued throughout 1977. This year, another attempt was made to acquire the Cox property through condemnation. Again, the City was unsuccessful in its lawsuit. P4r. Cox has recently agreed to sell his land for $700,000. The highest appraisal of this land is $497,200. Unless the City moves ahead with this project, $564,550 in federal grants will be forfeited. Sufficient funds have been identified to acquire this property. Listed below are the resources available to acquire and develop the Latin Riverfront Park. Also listed are the expenditures for acquiring the initial two properties and estimated costs to acquire the Cox property and Ms. DuPuch's property, who has agreed to sell her property if granted a life estate. Efforts to negotiate a purchase of the Kreidt property have been totally unsuccessful. However, this will not prevent completion of the park. Page 1 of 2 Mayor and '.embers ~~f the City Commissi. Revenue ,~oti~ces tJ ~ 5 ~ bapartment o f ~iousiric~ and ~7rban be~ielopmet-t Florida Department of Natural. Resources 1972 Parks for People Bond Issue Community Development Block Grant - 3rd Year Community Development Block Grant - 4th Year Total Revenue Expenditures Costs incurred to acquire first ttvo parcels of property Estimated cost to acquire Cox property - $700,000 land purchase and $50,000 legal fees Estimated cost to acquire DuPuch property Estimated Relocation Expenses Sub Total Reserve for development Total Estimated Expenditures r ~rnount 250,000 ~i4r550 84 ]., 538 225,000 , 500,000 $2,131,088 $ 641,538 750,000 30,000 60,000 1,481,538 649,550 $2,131,088 After carefully reviewing the costs involved to acquire and develop the park versus the need for a park of this scope within the Latin community, I am recommending that the City acquire the Cox and DuPuch properties at a cost not to exceed those stated. in the estimated expenditure list. Due to the difference between the appraisal and the offer by Cox, I placed this item on the agenda for your decision. 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