HomeMy WebLinkAboutR-2003-263 Homestead Big Nassau RESOLUTION NO. 2003-263
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A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, DETERMINING THE REAL PROPERTY
LEGALLY DESCRIBED AS LOTS 5, 6, 7, 8, 9, and
10 of McKENZIE EYSTER ADDITION AS RECORDED
IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA IS
SURPLUS PROPERTY; AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN EXCLUSIVE LISTING
AGREEMENT WITH A REGISTERED REAL ESTATE
BROKER, SELECTED BY LOTTERY FROM AMONG THE
QUALIFIED BROKERS; FINDING THAT AN APPRAISAL
OF THE REAL PROPERTY HAS DETERMINED THE
VALUE OF THE PROPERTY TO BE $104 , 000 . 00;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT FOR SALE OF THE REAL PROPERTY WITH
THE SALE CONTINGENT UPON APPROVAL BY THE
CITY COMMISSION; PROVIDING FOR CONFLICTS,
FURTHER, PROVIDING FOR AN EFFECTIVE DATE .
WHEREAS, Part XII, Article 3, Section 5 of the Charter of the
City of Dania Beach authorizes the City Commission to exchange,
sell or convey real property acquired by the City of Dania Beach
through enforcement or foreclosure of city liens and the transfer
of lands available for taxes from Broward County and determined by
the City Commission to be surplus real property; and
WHEREAS, the City of Dania Beach enforced or foreclosed on
multiple municipal liens recorded against property legally
described as Lots 5, 6, 7 , 8 , 9, and 10 of McKENZIE EYSTER
ADDITION, according to the Plat thereof, as Recorded in Plat Book
8, Page 9, of the Public Records of Broward County, Florida a/k/a
1500 Block of South Dixie Highway, Dania Beach, Florida; and
WHEREAS, the real property legally described as Lots 7, 8 , 9,
1 RESOLUTION NO. 2003-263
and 10 of McKENZIE EYSTER ADDITION, as recorded in Plat Book 8 ,
Page 9, of the Public Records of Broward County, Florida, was
acquired by the City of Dania Beach through a municipal lien
foreclosure action by Certificate of Title dated the 18th day of
November, 1989, and recorded in Official Records Book 16124, Page
462, of the Public Records of Broward County, Florida; and
WHEREAS, the City of Dania Beach enforced its code enforcement
liens against Lots 5 and 6 of McKENZIE EYSTER ADDITION, according
to the Plat thereof, as recorded in Plat Book 8, Page 9, of the
Public Records of Broward County, Florida by execution on a final
judgment and acquired title to the aforesaid property by Sheriff' s
Deed recorded September 29, 1997, in Official Records Book 27058,
Page 0427 , of the Public Records of Broward County, Florida; and
WHEREAS, the Dania Beach City Commission finds that it is cost
effective, in the best interests of the City of Dania Beach, and
promotes the welfare of the residents of the City to declare the
aforesaid property as surplus real property and to efficiently
dispose of the aforesaid real property by marketing the property
with a registered real estate broker; and
WHEREAS, the Dania Beach City Commission has heretofore
approved an Agreement between and among the City of Dania Beach,
the South Broward Hospital District and the Estate of Everard
Walker regarding distribution of sales proceeds between the three
parties .
2 RESOLUTION NO. 2003-263
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
® CITY OF DANIA BEACH, FLORIDA;
Section 1 . That the real property described herein is
determined to be surplus property acquired by the city through
enforcement or foreclosure of multiple municipal code enforcement
liens .
Section 2 . That the City Manager is authorized to enter into
an exclusive listing agreement for a period of six (6) months, with
a registered real estate broker, licensed to do business in the
State of Florida, and with its main office located in the City of
Dania Beach and possessing an occupational license to sell real
estate issued by the City of Dania Beach.
Section 3 . That the real estate broker shall be selected by
® lottery from among the qualified brokers and shall be paid a
reasonable and customary real estate commission by the seller .
Section 4 . That an appraisal of the real property by a state
certified real estate appraiser has determined the value of the
property to be $104 , 000 . 00 as of October 23, 2003 .
Section 5 . That the City Manager is authorized to enter into
a contract for sale of the real property and to close the contract
for sale, so long as the purchase price is not less than ninety
( 900) percent of the appraised value .
Section 6 . That the contract for sale of the real property
executed by the City Manager shall be contingent upon approval by a
® 3 RESOLUTION NO. 2003-263
super majority vote requiring four out of five commissioners assent
® if the sales price is greater than $100, 000, otherwise by majority
vote of the City Commission, at an advertised public hearing held
at a regularly scheduled commission meeting.
Section 7 . That the proceeds received upon sale of the real
property shall be divided between the City of Dania Beach, the
South Broward Hospital District and the Estate of Everard Walker in
accordance with the Agreement between the three parties which has
heretofore been approved by the Dania Beach City Commission.
Section 8 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
® Section 9 . That this Resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 25TH DAY OF NOVEMBER, 2003.
O NTON
MAYOR - COMMISSIONER
ATT ST : ROLL CALL:
COMMISSIONER CHUNN - YES
q' 44W(��Vr COMMISSIONER FLURY - YES
CHARLENE JOH S COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
® 4 RESOLUTION NO. 2003-263
® APPROVED AS TO FORM A D CORRECTNESS :
BY f1
THOMAS ' . AN '81ktv
CITY ATTORNEY
® 5 RESOLUTION NO. 2003-263