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10/13/77
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RESOLUTION NO. 77-844
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE IN
LIEU OF CONDEMNATION AN ALLEY RIGHT-OF-WAY COMPRISED OF
133.3 SQ. FT. M/L, LOCATED CONTIGUOUS TO AND IMMEDIATELY
NORTH OF FIRE STATION NO. 10, 4101 N. W. 7TH STREET, MIAMI,
FLORIDA, FOR THE SIJN OF ONE TIHOUSAND THREE HUNDRED SEVENTY
TWO DOLLARS AND NINETY-NINE CENTS ($1,372 99), ALLOCATING
ONE THOUSAND FIVE HUNDRED ($1,300,00) DOLLARS FROM FIRE
FIGHTING FIRE PREVENTION S RESCUE FACILITIES BOND FUNDS
TO COVER THE COST. OF ACQUISITION OF FEE SIMPLE TITLE TO
THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISITION.
WHEREAS, the Alley property located contiguous to and immediately
North of Fire Station No. 10, 4101 N. W. 7th Street, Miami, Florida, proposed
to be acquired for the expansion of Fire Station No. 10; and
WHEREAS, the Fire Department has approved the acquisition of this
property to provide fur the expansion of Fire Station No, 10, and concurs with
the recommendation to acquire this parcel; and
WHEREAS, the owner of the property has, by Agreement dated the
25th day of July, 1977, offered to convey fee simple title to this property
to the City of Miami, Florida, for the negotiated price of One Thousand Three
Hundred Seventy -Two Dollars and Ninety -Nine cents ($1,372.99); and
WHEREAS, it is deemed in the best interests of the City of Miami,
Florida, to acquire the property at this time through purchase in lieu of
condemnation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager be and he is hereby authorized and
directed to purchase the Alley located contiguous to and immediately North
of Fire Station No„ 10, 4101 N. W. 7th Street, Miami, Florida, legally describ-
ed as:
`DOCUMENT INDEX
r 1,!
That certain alley lying South of TLIO �
and contiguous to Lot 8 Block 3 of
Whitehead and Blair Subdivision, in
accordance to the Public Records of
Dade County.
1`'i IS
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Page 1 of 2.
CITY COMMISSION
MEETING OF
OCT2 6 1977 7
RESOLUTION NO, P. 7
rr
44
FTMARYC:
fot the expansion of Fire Station No. 10; for the sum of One Thousand
Three Hundred Seventy -Two Dollars and Ninety -Nine Cents ($1,372.99).
Section 2. That One Thousand Five Hundred ($1,500.00) Dollars
be and it is hereby allocated from the Fire Fighting, Fire Prevention &
Rescue Facilities Bond Funds to cover the cost of acquisition of fee
simple title to this property, and other costs incidental to this acquisi-
tion.
PASSED AND ADOPTED THIS 26 day of OCTOBER
PREPARED ANI) APPROVED BY:
ASSISTANT CITY ATTORNEY
P1RgVED AS TO FORM AND CORRECTNESS:
EORGE F KNOX, JR
CITY AT RNEY
MAURICE A. FERRE
MAYO R
DOCU r
1977.
13
Joseph R. Grassie
City Manager
mes E. Gunderson
Director of Finance
CCt�y
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_._{ . 1
October 13, 1977
Acquisition of Alley Right -of -Way
r.- Copy of Resolution and Offer to
Purchase._________
By memoranda dated July 7th and July 12th, 1977, from Chief Don Hickman and M.E.
Anderson, Assistant City Attorney, instructions were given to proceed with the
acquisition of the North 10' of a 20' Alley which lies immediately North of Fire
Station No. 10, 4101 N. W. 7th Street, Miami, Florida.
The reason this acquisition is vitally needed, is that the Alley must be closed
in order to enlarge the facility to accommodate another apparatus and additional
personnel.
Before the Alley can be closed, however, the City must obtain a Quit -Claim Deed
from the contiguous property owner as to any right, title and interest he may have
obtained, whether by Deed or Plat dedication.
As this transaction was to acquire right, title and interest only, an appraisal was
not solicited. An offer of $1.03 per sq. ft. was made, which is the value of the
adjacent land, as established by Dade County Property Appariser on the 1977 Tax Rolls.
The pertinent facts of this acquisition are as follows: -
Assessed Value of Property
$1,372.99
Property Location
Contiguous to and immediately North of
City of Miami Fire Station No. 10,
4101 N. W. 7th Street, Miami, Florida
Legal Description
That certain Alley lying South of and
contiguous to Lot 8, Block 3 of Whitehead
and Blair Subdivision, in accordance to
the Public Records of Dade County, Florida.
Said Alley being 20 Ft. Wide and 133.3 Ft.
Long.
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FOL OW
October 13, 1977
Joseph R. Grassie
City Manager
Memorandum
Page 2 of 2 - continued
Owner
Billie Kennedy O'Neal
Executor of the Estate of
Mary C. O'Neal, Deceased
Lot Size
10' x 133.3'
Improvements
None
It is recommended that the right, title and interest to this Alley be pur-
chased for the sum of $1,372.99. The Fire Department concurs with this
recommendation.
JEG:DRS:et
cc: George F. Knox, Jr.
City Attorney
Planning Department
Attention: Mr. Ed Lynch
CITY OF MIAMI, FLORIDA
PROJECT Al ley Conversion for Fire Station Noe 10
PARCEL NO.
tut 8, 131.1: 3 of Whitehead & Blair Subdivision
DATE July , 1977
OF1'ER
4rLz ia*- /( &6,0,n,%.
(1) . The undersigned 1141-AU t)' NE:AL, As l:xl:c 11Y)lt OF THE ESTATE OF MARY C. O'NEAL, DEC' D,
(our) (my) heirs and ass gins, off'er(s) to sell to the ty o M ami, .
Florida, its ensigns and successors, for $ 1, 372.99 the .
following described property; certain uticy lying South of and
cont i.,uoiL; to Lot 5 131tJinnl and L'lair Subdivision, in accordance to
the Public I:c can d:, I Oath, County, said alley being 20' wide and 133.3' Long
containing 1 ,'3 3 3 :,y. t t . t,/L. , uf un1.y lel mentioned herein has
common ri..'.lit:. and :+ci.. t,
(2) The underaigned understand(*) that said price is compensation in full
for the described property and that all buildings, landscaping and
other improvements and appurtenances on the described property ace
included in this offer.
(3) The undersigned understand(*) that we (I) must pay for the State and
Federal documentary stamps that are required to. be placed on deeds and
Oat we (l) oust pay for all past due real estate taxes and that we
(I) will be required to pay the pro rata portion of said taxes for
the current year up to the date of closing.
e) The undersigned further undt rstand(s) that all mats and profits from
the property subsequent to the date hereof accrue and belong to the
undersigned until the date of closing and up to 30 days therefrom.
S) The undersigned are (is) responsible for all risk of loss to the
property including but not limited to firs, windstorm And flood as
well as being responsible for all legal liability on account of
casualty and loses occasioned by third parties, vandals or tree-
passers, either wilfully or negligently or otherwise from the date
hereof until the data of transfer of poaseasion,
6) The undersigned acknowledge(s) receipt of payment of $100.00 in
consideration hereof and underetand(s) that we (I) will be required
to pay for and deliver to the City of Miami within twenty days from
the date hereof evidence of title in tto form of an abstract of
title prepared by an abstractor acceptable to the City of Miami,
purporting to be an accurate synopaia of the inetrumsnte affecting
the title to that real property recorded in the public records of
that county to the data of thin offer, showing the title to be cone
veyed to be good and marketable. '
r)
If the obatroct of .titles ahnll meet the requirements above specified
the City of Miami shall have sixty days after delivery thereof to
accept tttiu offer by written notice and the payment of $1, 2'72.99
in that for of a check within thirty days from the date of the receipt
of such notice of acceptance; and if the City of Miami shall not do so
within that time the undersigned hen (have) the right to withdraw
this offer.
DOCUMENTS
FOLLOW„
(8)
(9)
If the evidence of title shall not meet the requirements above
specified, and the City of Miami shall so notify the undersigned
in writing within sixty days after delivery, specifying the defects,
the undersigned shall have twenty days after receipt of that notice
to cure the defects and will in good faith exercise due diligence
to do so.
If the defects are cured within that time the City of Miami shall
have thirty days after the curing thereof to accept this offer by
written notice and the payment of $ 1,272.99 within
thirty days from the date of the receipt of such notice of accept-
ance. If the defects are not cured within that time the City of
Miami shall have thirty days after expiration of that time to accept
this offer by the payment of $ ; and if the
City of Miami shall not do so within that time the undersigned will
promptly refund the full amount of the herein consideration and this
offer shall be null and void.
(10) Upon receipt of $ 1,272.99 within the time allowed, the
undersigned will discharge all existing mortgages and encumbrances
upon said property and cause the satisfaction thereof to be recorded
and deliver to the City of Miami a good and sufficient warranty
deed, containing all the usual common law covenants of title, con-
veying that property to the City of Miami in fee simple.
(11) The transfer of possession of the property with utilities disconnected
and buildings in broom -clean condition will be made to the City of
Miami not later than thirty days from the date of the closing. The
remainder of the purchase price will be due and payable upon the date
of the transfer of possession.
(12) The undersigned understand(®) mot this offer is subject to the
approval of the City Commission of the City of Miami, Florida.
Signed, sealed and delivered
in the prejence of:
_0(
kJ (Seal)
RECEIPT
(Seal)
Receipt of the above and foregoing offer is hereby acknowledged this
day of • , 197 7 .
City of Miami, Florida