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Home My WebLink AboutR-74-0106Sf*/ts 2/5/74 RESOLUTION NO.nellsAfg A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO EXECUTE A SETTLEMENT STIPULATION (ATTACHED) SETTLING THE LAND TAKING ASPECT OF THE CASE OF FLORIDA EAST COAST RAILWAY CO. V. CITY OF MIAMI AND STATE OF FLORIDA DEPARTMENT OF TRANSPOR- TATION, DADE COUNTY CIRCUIT COURT NO. 67-5685. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is hereby authorized and directed to execute the attached settlement stipulation settling the land taking aspect of the case of Florida East Coast Railway Co. v. City of Miami and State of Florida Department of Transportation, Dade County Circuit Court No. 67-5685. Section 2. The Director of Finance is authorized and directed to pay to the Florida East Coast Railway Co. and their attorneys, Shutts and Bowen, the sum of $56,500, plus 6% interest computed from December 1, 1966 up to and includ- ing February 8, 1974. PASSED AND ADOPTED this day of 4 , 1974. PREPARED AND APPROVED BY: S. R. Sterbenz Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: John S. Lloyd City Attorney COW t r1C Cr FEB6 1974 "DOCUMENT INDEX ...... IP4 f1 11,0 e7" ...:t ry r z L T COURT 02 P N i;L: V3: a -a u u DIcIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY, FLORIDA. �ti. 4s 1 Jw i V• 6-5 6 v .7 \ ♦ Cii y..:i t i e, � _ +.�'.s7s.' '�a=.:%;�3c$'�►Yi :,��`.� :.i�r�i+i!.�'ifi � =�.i�;G"!" �.T c'�w:�'i-i:tv%w� tiriYl.>i� :7�tCa :�,s i'yaSr a.'9�'K 3 �'-r }� S._ �I 3 Plaintiff, CITY OF MIAMI,. a municipal corporation, ] Defendants. ] 1 rr,•♦� r J:.1 L.eiri�.�s STIPULATION The plaintiff, FLORIDA EAST COAST RAILWAY COMPANY, and the defendant CITY OF MIAMI, by their undersigned counsel of record herein, hereby stipulate as to the amount of compensation to be paid by the defendant to the plaintiff for the caking of the side:ral:: area along the east side of Biscayne Boulevard Ile"tween NE 6th Street and NE 9th Street, the legal description of which is: rhat portion of Biscayne Boulevard bounded on the westerly side by the easterly boundary of the property of the State of Florida Department of Transportation shown on the right-of-way map recorded in Road Plat Book 82, pages 1 and 2 of the Public Records of Dade County, Florida, and bounded on the easterly side by a line parallel to and 53' east of the east line of Biscayne Drive as shown on A.L. Knowlton's map - of the City of Miami, according to the Plat thereof recorded in Plat Book "B" at page 41 of the Public Records of Dade County, Florida; and bounded on the north by the center line of N.E. 9th Street extended and bounded on the south by the south line of NE. 6th Street extended;. LESS that portion which is included in the triangular shaped tract at the south end of the property which is described in Dade County Circuit Court Case no. 64L-3897 filed October 19, 1964; subject to the right-of-way of the. Florida East Coast Railway Company for the existing rail lines where they cross said property. • 1. The parties agreethat the plaintiff's damages for the taking of the above described property is $56,500 as of December i 1966. Said sum is agreed to be the amount of compensa- tion in lieu of the jury trial for determination thereof as provided Jr( FIVE y!� in the summary judgment order of'the,o)rt.,dated November 10, 1972. 2 11v .1 l.�ia _... _L. �... S �. •. ;CL r: + �'iti ..J .- .. ;.� :van above blue iritero8t' '}}!eL`eon stm nettonn Dece 2aer 1, 1966, tO _ha date when said .s'ia La ?aid to plaintiif or judgment is entered thereon. 3. The is 711:1c` it reasonable costs and attorney's fees which are to be determined in proceedings before the court for such purpose. The parties agree to cooperate in bringing such proceedings promptly. 4. This stipulation is to be presented to the court for approval upon its execution. It is agreed that after determination of the costs and attorney's fees, judgment will be entered against the defendant for the total consisting of the $56,500 principal sum plus the interest, costs and fees. 5. The parties agree to execute such further documents as may be required'to consummate this settlement. DATED this day of February, 1974 SHOTTS & BOWEN 1000 First National Bank Bldg. Miami, Florida 33131 by Wm. P. Simmons, Jr. Attorneys for plaintiff, FLORIDA EAST COAST RAILWAY COMPANY JOHN S. LLOYD 65 S. W. First Street. Miami, Florida Attorney for Defendant CITY OP MIAMI 2 FROM: '74 FEB cITY of MIAMI. F:.61M1DA INTER -OFFICE MEMORANDUM FF Honorable Members of the City Commission John S. L10 it At i r ►.!1.NAGEE'-i. fAMI DATES February 1, 1974 s�d7Ec Firda East Coast Railway Co. P. 5 - Ctyof Miami and State of Florid=_ Department of Transportation; Dade County Circuit Court 467.568 REFERENCES: December 19, 1973 Memorandum, same subject ENCLOSURES: ( 3 ) In my December 19, 1973 memorandum (copy attached) I concluded by saying, "Inasmuch as the valuation date for this land has been set at December 1, 1966 by the Court, and inasmuch as the appraisals by the State and FEC have already been made, using this December 1, 1966 evaluation date, the Law Department will commence negotiations for the required payment of this 7' strip of land based on the December 1, 1966 appraisals of the State and FEC ... unless the City Commission should otherwise direct." I am happy to report that counsel for FEC, after discussion and negotiation, has agreed to the proposed settlement of this case, as outlined in said December 19, 1973 memorandum. I have attached a copy of the January 29, 1974 letter of Mr. William P. Simmons, Jr., counsel for FEC, agreeing to this proposal for the settlement of this case. A copy of the settlement stipulation drafted by Mr. Simmons is also attached. As you know, in eminent domain condemnation cases, attorneys fees are allowed counsel for the condemnee and these, along with the interest owed FEC by the terms of the Circuit Court decree in this case, will be subject to further discussion, negotiation and a report to you. Accordingly, a resolution has been prepared establishing the amount ($56,500.) to be paid FEC for this 7' sidewalk and settling this phase of this case on that basis. SRS:ro PREPARED BY: S. R. STERBENZ ASSISTANT CITY ATTORNEY, said em ovmenit thteincrn llt. o frFe F*OMt INTER -OFFICE MEMORANDUM Fonorab1e Members DAT=: December 19, 1973E «=_ of the City Commission susliwn Florida East Coast Railway Co. v. City of Miami.and State of Florid Department of Transportation; John S. Lloyd asr=_aeNcaa:. Dade County Circuit City Attorney Court No. 67-5685 _ £NCLO$URXS: Use of the one way northern lanes of Biscayne Boulevard, including the contiguous sidewalk between N. E. 6th and N. E. 9th Streets was obtained by the City from Florida East Coast Railway Co. (FEC) by agreements executed commencing in 1926. The City paid a nominal amount for these agreements (such as a $1.00 per year) and FEC reserved the right to cancel same anal receive the actual value of this land should FEC relinquish this land for a permanent street.. This land became a portion of the northern lanes of Biscayne Boulevard, a State road, and U. S. Highway *1. In 1967, FEC cancelled these agreements and brought an (inverse) condemnation suit against the City and the State Transportation Dept., demanding payment for this land. This litigation, after appeals, resulted in the payment to FEC by the State of $400,000 plus interest and Attorneys' fees for 46 feet of the 53 feet involved (the street is 46 feet wide and the sidewalk is 7 feet wide). The City, after appeals, has been ordered to pay FEC for the 7.feet sidewalk. Inasmuch as the valuation date for this land has been set at December 1, 1966 by the Court, and inasmuch as the appraisals by the State and FEC have already been made, using this December 1, 1966 evaluation date, the Law Department will commence negotiations for the required payment of this 7' strip of land based on the December 1, 1966 appraisals of the State and FEC was opposed to attempting to add this 7' strip of land to thCity's pending condemnation suit against FEC for parkland, which proposed parkland is immediately east (or bayward) from this 7' sidewalk (from N. E. 6th to N. E. 9th Streets)., unless the City Commission should otherwise direct. JSL/SRS/ro r ouREAU H.ANDERSON P StMMONS, JR. ARO M. WHITE LARD R. BROWN oHN S. CHOWNING FRESTON L.PREVATT SENECA B.ANDERSON JAMES F. OURHAM, II THOMAS L. WOLFE THOMAS C. BRITTON ROBERT E. GUNN JOHN 8.WHITE ANTONIO NARTPNEZ, JR. RICHARD M. LESLIE PHILLIP O. NEWCOMM KARL V. HART ROBERT C.SOMMERVILLE STEPNEN L.PERRONE BOWMAN BROWN ROBERT A. JARVIS, JR. EDWARD J. WALDRON WILLIAM J. KENORICK JOHN P. McNUTT B. MACKAV BROWN ERIC B. MEYERS LAWRENCE R. METSCH NORMAN S. WEIDER Sn rTTS & notw : ATTORNEYS AND COUNSELLORS At LAW TENTH FLOOR FIRST NATIONAL BANK BUILOtNG )UAM I, FLORIDA 30131 Mr. S. R. Sterbenz Assistant City Attorney 65 S. W. First Street Miami, Florida 33130 TELEPHONE (305) 35S-6300 CABLE ADDRESS"SHUTTSBO~ January 29, 1974 Re: FEC v. City of Miami Case No. 67-5685 FRANK B. SWATS (167o-1941) CRATE O. BOWEN 09i1-t059) J. P. SIMMONS (1891.1064 P. G. PREVATI' (t69t-1555) Dear Mr. Sterbenz: Confirming our offer to settle this case on the same basis that we settled with the State of Florida for the street part of Biscayne Boulevard, the following are the figures: Number of square feet in the sidewalk per Biscayne Engineering survey forwarded herewith, sidewalk area being shown as Tract C Number of square feet in the street portion that was taken by the State of Florida and shown as Tract B on the survey $400,000 was the settlement figure with the State of Florida. That sum divided by 50,490 square feet gives a cost per square foot of: $7.92 multiplied by 7,143 is: We will round the above figure to $56,500 and settle for that figure plus 6% interest from December 1, 1966 to the date when judgment is entered, plus costs and attorney's fees. 7,143 50,490 $7.92 $56,572.56 Mr. s. R.:,sterbenZ'. SIT UTTS ti; 130SVEN 2 r January 29,'1974. The stipulated settlement amount will be in lieu of jury verdict. Costs and attorney's fees should be determined by separate pro- ceedings before the Court and included in the jidgment. Please let us hear from you without delay. Sincerely yqurs,,;� WPS/hk enclosure •••••vsTi•orwea....r 7-1^404.% ...=11 mrw,aml +'Y1 *hp riuil APrVirdm Ro*-F.1'- a