Loading...
HomeMy WebLinkAboutReso 2014-2343RESOLUTION NO. 2014 - 2,343 A RESOLUTION OF THE CITY COMNISSION OF THE CITY OF SUNNI' ISLES BEACH, FLORIDA, RATIFYING A SETTLEMENT AGREEMENT BETWEEN THE CITI' OF SUNNI' ISLES BEACH AND HERMAN GARCIA AND MARIA A. GARCIA (`UNIT OWNERS') OF THE PLAZA OF THE AMERICAS CONDOMINIUM, ATTACHED HERETO AS EXHIBIT "A'; PROVIDING THE CITY MANAGER AND THE CITI' ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No 2014 -2199, adopted on February 20. 2014. the City Commission authorized the use of its eminent domain powers to acquire a small piece of property for the 826 Nest Overpass Pedestrian Bridge for the Gateway Park; and WHEREAS; the owner of the property, Plaza of the Americas. Club, Inc.; has agreed to sell the property to the City as a result of negotiations; and WHEREAS, pursuant to Section 73.073, Florida Statutes; notice of the eminent domain proceedings was provided to all unit owners of the Plaza of the Americas Condominium; and WHEREAS, unit owners, Heman Garcia and Maria A. Garcia timely responded and objected pursuant to Section 73.073. Florida Statutes: and WHEREAS, the City Commission wishes to ratify a Settlement Agreement between the City and Heman Garcia and Maria A. Garcia. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifvina the Settlement Agreement. The City Commission herby ratifies the Settlement Agreement between the City of Sunny Isles Beach and unit owners. Heman Garcia and Marcia A. Garcia, attached hereto as Exhibit "A ". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. Page I of 2 PASSED AND ADOPTED this 20th day of November 2014. ATTEST- . {: =,,�•i. .: Jane A. Hine .;CiiN• Clerk. MMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �� � /mil /�i� %��w x _. Hans Ottinot. Ciri• Attorney Vote: S —C) Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: Maw, \aw, OA� Seconded by: �1lnrtySSlotJ`[2 �NoL� Page 2 of 2 (Yes) (No) Yes) (No) (Yes) (No) :ZkYes) (No) V (Yes) (No) GRAYIROBINSON ATTORNEYS AT LAW 305 -913 -0537 BRADLEY.GOUL OGR.AY- ROBINSON.COM Hernan and Maria A. Garica c/o Maria A. Garcia 16909 North Bay Road, Unit 4801 Sunny Isles Beach, FL 1221 BRICKELLAVENUE SurrE 1600 Munn, FL 33131 TEL 305 -416 -6880 FAx 305- 416 -6887 BOCA BATON FORT LAUDERDALE JACKSONVILLE KEY WEST LAKELAND MELBOURNE MIAMI NAPLES ORLANDO September 30, 2014 TALLAHASSEE TAMPA Re: City of Sunny Isles Beach v. Plaza of the Americas Acquisition of Property for Pedestrian Overpass Bridge for Gateway Park Owner of Unit 801 in Building 1, Plaza of the Americas Dear Mrs. Garcia: It was a pleasure speaking with you yesterday regarding the acquisition of a portion of the common area of the Plaza of the Americas by the City of Sunny Isles Beach ( "City) for its Pedestrian Overpass Bridge for the Gateway Park ("Project') . Please allow this letter to serve to confirm the settlement reached with Hans Ottinot, City Attorney, and myself regarding your objections to the proposed acquisition and/or appraised value of the property. The terms ofthe settlement are as follows: 1. Compensation: Hernan and Maria Garcia ( "Owners ") will receive from the City the sum of FIVE THOUSAND DOLLARS (5,000.00) in full settlement of all claims for compensation arising from or in any way related to the taking and /or acquisition of the common area of the Plaza of the Americas ( "Property "), which is described on Exhibit A attached hereto, within thirty days (30) of receipt by the City of the executed letter. 2. Unit Owner's Interest: In exchange for receipt of the compensation set forth in Paragraph 1 above. Owners (a) withdraw their objections to the Citv's proposed acquisition and appraised value of the Property; (b) convey their interest as a unit owner in the Property and (c) disclaim all rights Owners have under Florida Law with regard to the condemnation of the Property. 3. Miscellaneous. This Agreement constitutes the entire agreement between the parties for the taking and/or acquisition of the Property; and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This .Agreement may not be changed, altered or modified except in %vriting signed by the party against whom enforcement of such a change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. www.gray- robinson.com GRAYROBINSON PROFESSIONAL AssOgATION Hernan and Maria A. Garcia September 30, 2014 Page 2 By executing this letter below, Owners are confirming that this is the settlement agreement reached between with the City. Before signing below, you should carefully review this agreement to ensure that all of the terms agreed to by you are contained within this letter and you may consult with an appropriate professional for legal advice. Please return the signed letter to me by placing it in the self - addressed stamped envelope. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Bradley S. Gould cc: Hans Ottinot, City Attorney AGREED, APPROVED AND ACCEPTED By: HE AN GARCIA, as 1 in Buililing 1 of the Plaza t Owner of Unit 801 the Americas By: MARIA A. ARCIA , as Unit Owner of Unit 801 in Buildino of the Plaza of the Americas BSG /dgh EXHIBIT "A" LEGAL DESCRIPTION: A portion of Troc W. f;,12A OF THE A .. k SECTION ONE, eoc.rdiq to the pkt thereat, a recorded Ll Plat Bock 106 at Page 66. 0 the Pu56c Recards of 41tm1 -papa County, Florida and Being more poejado y described n follaws: Canma of at the Smttnesi corner of said Treat 'A-; thence South aT34w East, darq the South We W and Tract -A- for 210.17 feel, theme North 0726'W- EmL at r5M c.yles b the prey yus course, far 74.00 teat to o paint on LM Nor,, fight -of -Way fine of State Rome NumSer 826, Westbound, per Flarida Deparemct of Trcceporla0on Order of Talen9. Perctl 112 in Section 87170 -2517 per cIW Action No. 85 -14791 Ce 21 Ved for record on Nay 10, 1585 math the Clark Of We Court. 4iani -dada County, Ronde. am the Point of Beginning or the hendcalfter dalcd d parcel of bed, the nest -h (6) course. Deirq at right coy ea or per6el with the previa sy pes.N5ed courne; (1) South 8734'W" East clang acne North Wght- of -Way lice far 82.00 feet; (2) thence North 0026'W" Eost for 22.75 feet; (3) thence North 8734400' West for 26.25 feet; (a) thence North 0026'W' East for 13.25 feel: (5) thence North 8TXOO- West for 55,75 feet (6) theme South 0026'00- West for 36.00 feet to the Paint of 9eginn4:q. SURVEYOR'S NOTES: - This site Use Io Section 14, TownsNp 52 South, Range 42 East, Clty of Sunny Was Beach, Warm -Ooh CmntY. Flared.. - 9O-dN- hereon are refored W an assomed wlue of S 89-34'W' E for the North right of way line of STATE ROAD 825 (WESTBWM). - Lands shown hereon were not abstracted for eo-emenb and /or rights -of -way of records. - TN. 4 not a - Boundary S. ay- but oNy a graphic depl,an of the description shorn hereon. - Land- shown hereon mntalniny 2.604 sguare feet. or 0.060 acres, pore a, less. - Dimensions shown hereon are Eased an Fortin, Leavy, Skies. sketch 82009 -077. SURVEYOR'S CERTIFICATION: I hereby certify that We - Sketch of Description- wce mode under my rs- ponsNe charge on January 29, 2014- and maete the app6co5e Code- oe set forth in the Fbrida AdmiNstraWe Code, p.M.M W Section 472.027, Florid. Statutes. RFa we.+NM Te ipuve and et Oiry.N steed setl d e FbrNe tieewN 6u r ud usDper FORTIN, L , SP ES, INC., LB36S3 By Daniel Q Fortin, - r he Fv e Svneyor am Mapper, L52853 Stcte of Roride. 1O ,.end By JJB SKETCH OFDESCRIPTION Date l /z9 /ta cad. No. 1 }Doss M. FIORTIN, L.EAVY, SKTLES INC. o 8cele N A r' 2009 -077 CON$l1I,T' .!\'G E�'GINERS, SURVEYORS R MAPPERS JoA No. I }1601 F[GAIDAra7>tJC-ra �AVI80IIIIAnW NC'14HPA OOOp369 Deer. No. 1013 -212ov .otied: 2/3/149:4)! 160 NmdauE t66a 8aee/ Nozd- 6e1a1 BeGA amide J336] Seel I 0f 3 pb�e 303d9�497/Fa spa- 641- TS3 /PSdI EXHIBIT "A" 99 59 D 1 PVS SEO OE ONEFICAS OFLATSBOOK 108 PAGE 60 9-STORY cc I - BUILDING II-I A' V'E n rAl.cr Q I 0F MY L'A, X, m 1 RpTRi BAY ft041 I N89-34'00'W S XWiry PoDii LF WT LaC 6 $ft c 0.0ID a43 E321w'J 5• F xz Tume: F+2 D`a. �CLp1 ND eo-:an u r , � r" r— ______ 1 g ;`Dr ry'd SEG OF b,b 1 I C STATE ROAD #826 9H Ewv °a WESTBOUND b' ii 0IRA1K (POr -- �I 1 I �Sia i' ca oy p28 1 I 1E5i3�tn2 10- 6�T'C WaCi a• _- -I -1__ _ L 5 LOT 10 I WT LOTa I LOT) PLAT BOOK 50 PAGE Is 8lCOND RFVISFD MAT OF D6l.A VISTA SVODINSION ----- L------ - - - - -- ------ - - - - -- ------------- L---- N.E. 163RD STREET STATE ROAD 0826 EASTBOUND SUNNY ISLES BOULEVARD N GRRAPMC WC O I T j'7 F�y dea SKETCH OF DESCRIPTION Sae. 1/29/14 Cad. No. 130455 Sale 1 - =50' FORTIN, LEAVY, S KII ES, INC. e 2009 -077 CONSULTING ENGLNEERS, SURVEYORS & AaAPPERS fob. Na 131601 FLOAmACE]LTTICATB OPAVffiOSEATION L .'U?IDpA:OW03623 iJ,.j. NO. 1013 -212CV 160 NOrOesst 16E1] 9t[wt /NertD Miami Baal F]O.ipa 3315_ foftel 1/3/1<9:Qa P l05 .931 F. 303651-7152 /Small Sbeef 2 of 3 EXHIBIT "A" VISTAVIEW SECTION ONE LOT 1 .t TATUM'S OCEAN PARK eey (P.B. 96 PG. 68) (P.B. 10 PG. 64) 4 O GJPz. ¢ R.K. COMMERCIAL wFQ ¢ CENTER SOUTH u ti Z c n Q TRACT'A' �T PLAZA OF THE AMERICAS CD SECTION ONE (P.B. 106 PG. 66) 6� P PART r �J W o /—SITE NOT 7- - -. SUBDIVIDED 0 e STATE ROAD 826 WESTBOUND I I 1 I BELLAVISTAISU812nd REVISION 11211111019 18 17 1 6 16a 1 51 41 3 21 11 I I I I I I 1 I I I I 1 I I (P.B. 50 PG. 76)I 1 I I I I ¢ F STATE ROAD 826 EASTBOUND o PARK Z I I I I 1 I I I I I I I I O Z Q 23 1 24 125 1 26 127 128 129 130 1 31 132 1 33 1 34 135 136 ¢ w I I I I I I I I I I ; I I 1f0„ O TRACT W om o Q F Wm F ma N O A T H Orewn BY ,1,18 SKETCH OFDESCRIPTION Date 1/29/14 ua• "'. 130455 FORTIN, LEAVY, S KILES, INC: s 1 =zoo t wa' SURVEYORS & MAPPERS Iob. N. 131601 2009 -077 CONSULTING INGINEE.R.S, FTQAIDA G£0.T1P1GTE OP AIIfllORTlT =NNUbf)gIl OWN6)3 D 9. 10. 1013 -212oV 160 NarAeaa 168tL SvM / Na1L Miw® BucL, FTariN 33162 Ploltel' 3/3 /It 9:aJa pbpy 305- ESSU93It�3os�651- ]ISx /Fmvil ��t 3 °t } SUNNY 151E �•---� s 7 u = x 4 r •rag �-'' LOr• E� fe �' FLOP 4 C'rr OF SUM e�O Cite of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM TO: The Honorable Mavor and City Commission FROM: Hans Ottinot, City Attorney DATE: November 16. 2014 Cin, Commission Norman S. Edelcup.,lfmlor Isaac Action. Face Almor Jeanette Gatto. Commissioner Jennifer Levin, Commissioner George -Bud" Scholl. Commissioner Christopher J. Russo. Cin' Manager Hans Ottinot. Chy,lnorner Jane A. [lines, dq IC. Cin, Clerk RE: RatiNing the Settlement Agreement between the City and Unit Owners, Hernan and Maria Garcia RECONIMENDATION This Resolution is presented for your consideration. REASONS This Resolution merely confirms a settlement agreement entered into between the City of Sunny Isles Beach and claimants from Plaza of Americas Condominium. These claimants had objected to the acquisition of the property required for the 826 West Overpass Pedestrian Bridge. 11/132014 '� O, sus ..'.. Item Cwer sheet City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 9493113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 11/20/2014 RE: Ratifying the Settlement Agreement between the City and Unit Owners, Hernan and Maria Garcia RECOMMENDATION: This Resolution is presented for your considerations. REASONS: This Resolution merely confirms a settlement agreement entered into between the City of Sunny Isles Beach and claimants from Plaza of Americas Condominium. These claimants had objected to the acquisition of the property required for the 826 West Overpass Pedestrian Bridge. ATTACHMENTS: Description Agreement WO Item Number: 10.K. httpJ /survryisie jwLsagenda. can /CwwSteet.wpx ?ltemlD =1498 1/1