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Reso 2013-2161
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Reso 2013-2161
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Last modified
11/26/2013 2:27:59 PM
Creation date
11/26/2013 2:27:56 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2161
Date (mm/dd/yyyy)
11/21/2013
Description
Ratify Agmt to Retain GrayRobinson P.A./Bradley Gould for Eminent Domain Srvs
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obligation to comply with its Comprehensive Plan in constructing municipal parks on the west of <br /> Collins Avenue; and <br /> WHEREAS, the City has caused the property described herein to be surveyed and has <br /> located its line and area of construction and intends in good faith to construct a Pedestrian <br /> Overpass Bridge on or over the described property in accordance with Section 73.021 (6), <br /> Florida Statutes; and <br /> WHEREAS, the City Commission, through the process of conducting public meetings <br /> and workshops, has carefully considered numerous factors relevant to the acquisition of the real <br /> property legally described herein including, without limit, the absence of an available alternative <br /> site, the costs of the public project, environmental factors and mitigation, public safety;and <br /> WHEREAS, subject to limitation set forth in Sections 73.013 and 73,014, Florida <br /> Statutes. the City of Sunny Isles Beach is authorized, pursuant to Sections 166.401, and 166.411, <br /> Florida Statutes, to exercise the right and power of eminent domain for municipal purpose. <br /> NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY <br /> OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: <br /> Section 1. Recitals. The above recitals are true and correct and are incorporated herein by <br /> reference. <br /> Section 2. Description of Property. The City Commission of the City of Sunny Isles Beach <br /> hereby authorizes the acquisition of the real property legally described herein Exhibit "A" by <br /> gift, purchase, or eminent domain in accordance with Chapter 166, et seq., Florida Statutes, the <br /> Municipal Home Rule Powers Act, and Chapters 73 and 74. Florida Statutes. The City of Sunny <br /> Isles Beach shall acquire fee simple title to said property. <br /> Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of <br /> Sunny Isles Beach hereby declared that it is necessary to acquire, through eminent domain or <br /> negotiated acquisition or conveyance, fee simple title to the subject parcel, legally described in <br /> Exhibit "A" for the construction of the Pedestrian Overpass Bridge. The City Commission <br /> further declared that acquisition of the subject parcel legally described in Exhibit "A", serves a <br /> municipal purpose and is necessary for compliance with state law and the City's Comprehensive <br /> Plan. <br /> Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings. The City <br /> Attorney shall first attempt to acquire the subject parcel through negotiations, subject to Florida <br /> law; however, if such negotiations fail within a reasonable time from the enactment of this <br /> Resolution, the City Attorney and all others acting on his behalf are authorized to initiate <br /> eminent domain proceedings pursuant to Chapters 73, 74, 166 of Florida Statutes. <br /> Section 5. Authority of the City Manager and City Attorney. The City Manager and City <br /> Attorney and all others acting on their behalf are authorized to contract with real estate <br /> appraisers, engineers, title examiners, legal counsel and other expert witnesses and consultants in <br /> 82013-Declaring Public necessity to Acquire Fee Simple Title. 2 <br />
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