HomeMy WebLinkAboutReso 2012-2007 RESOLUTION NO. 2012- 260'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING STIPULATED
ORDER OF TAKING ATTACHED HERETO AS EXHIBIT "A" FOR
THE ACQUISITION OF PROPERTY LOCATED BETWEEN 172ND
AND 174TH FOR THE CONSTRUCTION OF AN EMERGENCY
BRIDGE; PROVIDING THE CITY MANAGER AND CITY
ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, by Resolution No. 2011-1816, adopted on December 15, 2011, the City
Commission authorized the use of its eminent domain powers to condemn submerged land
located between 172nd and 174th Street for the construction of an Emergency Bridge; and
WHEREAS, the City and the property owner has reached an agreement whereby title
will be transferred to the City upon a deposit of One Thousand Dollars ( $1000.00) into the
Miami-Dade County Clerk of Court Registry, and
WHEREAS, the City Commission wishes to accept the terms and conditions outlined in
the proposed Stipulated Order of Taking in substantially the same form.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH,FLORIDA, AS FOLLOWS:
Section 1. Approving the Stipulated Order of Taking. The Stipulated Order of Taking for the
acquisition of property for the Emergency Bridge attached hereto as Exhibit "A" is hereby
approved.
Section 2. Authorization of the City Manager and City Attorney. The City Manager and the
City Attorney are hereby authorized to do all things necessary to effectuate same.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 204 day of December 2012.
%; ,
1 A /1
N rman S. Edelcup, Mayor
ATTEST:
•
VOW'
Jane • . Hines, City Clerk, CMC
Page 1 of 2
APPRO ' 1 AS TO FORM
AND 'E L SUFFICIENCY:
1
/1114• not, Ci Attorney
Moved by: w+nn„.,,,tLi 61 T TO
Seconded by: Cowo ,,,kt„04,12 Lit/v�)
Vote: 'a
Mayor Edelcup 1/ (Yes) (No)
Vice Mayor Aelion I/ (Yes) (No)
Commissioner Gatto t/ (Yes) (No)
Commissioner Levin '✓(Yes) (No)
Commissioner Scholl --N0 (Yes) (No)
Page 2 of 2
IN THE CIRCUIT COURT OF THE 11TF
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
SUNNY ISLES BEACH,a political
subdivision of the State of Florida, CASE NO. 12-26693CA09
PARCF,T,A
Petitioner,
vs.
CALVARY CORP, a dissolved Florida
corporation; R. TUCKER,TRUSTEE;J.
TUCKER,TRUSTEE;and MIAMI-DADE
COUNTY,
Respondents.
STIPULATED ORDER OF TAKING
THIS CAUSE coming on to be heard by the Court,it appearing that proper notice was first
given to all of the respondents, and to all persons having or claiming any equity, hen, title, or other
interest in or to the real property described in the Petition, also known as "Parcel A", that the
Petitioner would apply to this Court for an Order of Taking of Parcel A and the Court being fully
advised in the premises,upon consideration, it is, therefore,
ORDERED AND ADJUDGED:
1. That the Court has jurisdiction of the subject matter and of Petitioner, CITY OF
SUNNY ISLES BEACH (the "Petitioner") and Respondent,J. TUCKER,TRUSTEE, and that the
parties to this Stipulated Order of Taking ,as to Parcel A , are hereinafter collectively referred to as
the "Parties".
2. That the Petition in Eminent Domain, filed by the Petitioner in this cause, is
sufficient as a matter of law.
Page 1 of 7
3. That the Court finds that Petitioner, in the instant cause, is properly exercising its
lawful delegated authority;
4. That the Court further finds that Petitioner is acquiring Parcel A for a valid and
lawful public purpose, namely for the construction, development and use as an emergency vehicle
and pedestrian bridge facility.
5. That the taking of Parcel A is reasonably necessary to serve Petitioner's stated public
purpose for which said property is being acquired;
6. That the Declaration of Taking filed in this cause by the Petitioner for the entry of
this Stipulated Order of Taking (hereinafter "Order of Taking") was made in good faith,was based
upon a valid appraisal and in accordance with Florida Statute Chapter 74;and it is further
ORDERED AND ADJUDGED:
7. That, pursuant to F.S. 574.051(4), Petitioner shall deposit into the Court Registry its
good faith estimate of value of One Thousand and No/100 Dollars ($1,000.00) within twenty (20)
days from the date of this Order of Taking. Upon the making of said deposit ("Deposit") and the
Certificate of the Clerk of the Circuit Court certifying that said sum has been deposited, then all the
fee simple title and interest to Parcel A, as described in Exhibit"A" attached hereto, shall be vested
in the Petitioner;
8. That the real property legally described as Parcel A shall be deemed to be
condemned and taken for the use of the Petitioner, and the right to full compensation for the taking
of Parcel A shall be vested in the persons lawfully entitled thereunto, such compensation to be
ascertained and awarded in this cause as established by judgment in this case after trial by jury or
stipulated final judgment of the Parties, and it is further;
Page 2 of 7
ORDERED AND ADJUDGED:
9 That upon the Clerk of the Court's certified receipt of the Deposit, as described in
Paragraph 7 of this Order of Taking, and without further notice or action of the Parties or Order of
this Court,Petitioner shall forthwith be entitled to complete and quiet possession of Parcel A;
10. That, subject to proper notice and hearing, pursuant to Section 74.071, Florida
Statutes, and by separate order of this Court, the Deposit shall be distributed to the Respondent,J
TUCKER, TRUSTEE, or other named respondents to this lawsuit in accordance with the Court's
Order,and it is further;
ORDERED AND ADJUDGED
11. That, pursuant to the stipulation of the Parties, Petitioner hereby agrees that, as
consideration and inducement for Respondent J TUCKER, TRUSTEE'S agreement to enter into
this Stipulated Order of Taking, Petitioner hereby agrees that the minimum compensation due to
Respondent, J. TUCKER, TRUSTEE, from Petitioner for the taking of Parcel A shall be One
Hundred Thousand and No/100 Dollars ($100,000.00). If the verdict of a jury at a subsequent
valuation trial is less than the minimum compensation of $100,000.00, and all appeals, if any, are
exhausted, then said minimum compensation shall serve as full payment and compensation for all of
the Respondent J. TUCKER, TRUS'FEE'S rights, title and interest in Parcel A, exclusive of
Respondent J. TUCKER, TRUSTEE'S attorney's fees and costs, including all other compensation
and damages to the remainder parent tract, but subject to the apportionment rights of all lawful
property owner's claims,mortgage interests,real estate taxes, and liens in the instant lawsuit.;
12. That, as further consideration and by stipulation, Respondent, J. TUCKER,
TRUSTEE, hereby waives and forgoes all affirmative defenses asserted against the taking of Parcel
Page 3 of 7
A in the instant case, as set forth and described in Respondent's Answer and Request for a Hearing,
which was filed on July 31, 2012, and further;
13. That this Order shall not be used by either Petitioner or Respondent,J TUCKER,
TRUSTEE,including any consultant,lay person or expert witness,agent,employee or representative
of said Parties, in any trial, proceeding, hearing or any in other manner whatsoever, except in a
proceeding to enforce any term or condition of this Stipulated Order of Taking;
14. Respondent, J. TUCKER, TRUSTEE, shall be responsible for the payment of all
real estate taxes due to the MIAMI-DADE COUNTY, TAX COLLECTOR, pertaining to the
subject property through the vesting of title upon deposit of the good faith estimate of value in
accordance with the provisions of paragraph 7 above. To the extent that the real estate taxes have
not previously been paid,said taxes shall be paid from the above-mentioned Deposit.
15. Additionally, Petitioner shall, within twenty (20) days of the date of entry of this
order, pay the sum of$3,204.42 to Hicks & Schreiber, P.A. Trust Account, 890 S. Dixie Highway,
Coral Gables, FL 33146,as full and final payment for all services rendered by Mesimer&Associates,
Inc. in connection with the defense of the taking in this case.
DONE AND ORDERED in Chambers this day of December, 2012, A.D., in
Miami,Miami-Dade County, Florida.
The Honorable Jerald Bagley,
Circuit Court Judge
Copies to:
All other parties on attached Certificate of Service List
Page 4 of 7
JOINT MOTION
The parties, by and through their undersigned counsel, respectfully move for entry of the
foregoing Stipulated Order of Taking. ,,—.
-------------- ----------' t_.,. j.■'. (-7
...∎ J. iley Hicks,Esquire
Sidra . .lloway,Esquire
Attorney for Petitioner Attorney for Respondent J.Tucker,Trustee;
City of Sunny Isles Beach Hicks&Schreiber,P.A.
Shutts&Bowen LLP 890 South Dixie Highway
200 East Broward Boulevard Coral Gables, FL 33146
Suite 2100 Phone: (305)661-6688
Fort Lauderdale, FL 33301 Fax: (305) 663-0219
Florida Bar No.: 709082 Florida Bar No.: 516155
Date: / Z 77/-2.--
Date: /Z 1 t)/ 'Z.0) -
Hans Ottinot,Esquire
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
4th Floor
Sunny Isle• • -ac • ii/' l
Fl: I72,rida :- ■.o.. ■ de
Dte Al''' / ICJ [ 2
r
Page 5 of 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this _ day of December, 2012, a true and correct copy of the
foregoing Stipulated Order of Taking has been served by U.S. Mail to: R.A. Cuevas Jr.,Esq.,Miami Dade County
Attorney,Attorney for Miami-Dade County Tax Collector, Stephen P. Clark Center, 111 Northwest 1st Street, Suite
2810, Miami, FL, 33128;J. Wiley Hicks, Esq., Hicks & Schreiber, P.A., 890 South Dixie Highway, Coral Gables,
FL 33146. -
Sidney C. Calloway
Florida Bar No.: 790982
SHUTTS &BOWEN LLP,
Attorneys for Petitioner
200 East Broward Boulevard
Suite 2100
Fort Lauderdale, FL 33301
Telephone: (954) 524-5505
Facsimile: (954) 888-3063
scalloway@shutts.com
Page 6 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
PORTION OF TATUM'S SUBDIVISION
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY,FLORIDA
A portion of Lot 3,TATUM'S SUBDIVISION, also known as SUBDIVISION OF GOV'T , LOT
6 SEC. 2-52-42 & GOVT LOTS 1, 2, 4&PORTIONS OF 5 & 6 SEC. 11-52-42, according to the
plat thereof as recorded in Plat Book 10, Page 64 of the Public Records of Miami-Dade County,
Florida and being more particularly described as follows:
COMMENCING at the Most Northerly Northeast corner o Tract "A", R.K. MARINA
APARTMENTS, according to the plat thereof as recorded in Plat Book 157, Page 70 of the Public
Record of Miami-Dade County, Florida, said point being on a South line of said Lot 3;
THENCE South 86°54'08" West on said South line of Lot 3 and the North line of said Tract `A', a
distance of 86.75 feet to the POINT OF BEGINNING
THENCE continue South 86°54'08" West on said South line of Lot 3 and the North line of said
Tract `A', a distance of 91.33 feet to a point on the arc of a non-tangent curve to the right, whose
radius point bears North 33°37'15"East;
THENCE Northwesterly on the arc of said curve having a radius of 180.00 feet, through a central
angle of 39°02'20", an arc distance of 122.64 feet to a point on line parallel to and 100.00 feet
North of as measured at right angle to the South line of said Lot 3:
THENCE North 86°54'08" East on said parallel line,a distance of 60.56 feet;
THENCE South 21°34'27" East,a distance of 11.36 feet;
THENCE South 45°14'20" East,a distance of 57.02 feet;
THENCE South 55°18'32" East,a distance of 63.96 feet;
THENCE South 37°03'45" East, a distance of 9.35 feet to a point on said South line of Lot 3 and
the POINT OF BEGINNING;
Said lands lying and being in the City of Sunny Isles Beach, Miami-Dade County,Florida, containing
a total area of 7,896 square feet of(0.18 acres), more or less.
FTLDOCS 6090184 5
Page 7 of 7
r lNY /S� City Commission
Fs Cit of Sunn Isles Beach y y Norman S.Edelcup,Mayor
h ° \� 18070 Collins Avenue, Suite 250 Isaac Aelion,Vice Mayor
' Sunny Isles Beach, Florida 33160 Jeanette Gatto, Commissioner
Jennifer Levin,Commissioner
\� ' ; (305)947-0606 City Hall George"Bud"Scholl,Commissioner
* ,;, * (305)949-3113 Fax
y 'D9' o �oP �P (305)947-2150 Building Department Christopher J.Russo City Manager
F o/T * F o a '�s (305)947-5107 Fax Hans Ottinot,City Attorney
r o F s u N " Jane A.Hines,CMC,City Clerk
MEMORANDUM
TO: The Honorable City Commission
1621)(e. -
FROM: Hans Ottinot, City Attorney
DATE: December 20, 2012
RE: Approving Order of Taking
RECOMMENDATION:
The attached Resolution is recommended for approval.
REASONS:
To facilitate the construction of the Emergency Vehicle/Pedestrian Bridge, the City had to
acquire certain submerged land located in the bay between 172nd Street and 174th Street. The City
and the property owner have reached a settlement regarding ownership of the submerged land.
The settlement requires the City to pay limited court costs and a minimum payment of
$100,000.00 if the parties have to contest the value of the submerged land in a jury trial.
Agenda Item (0 I
Date ( 2 210- ►.Z