Reso 2013-2053 - Laserfiche WebLink

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obligation to comply with its Comprehensive Plan in constructing municipal parks on the west of Collins Avenue: and WHEREAS, the City has caused the property described herein to be surveyed and has located its line and area of construction and intends in good faith to construct a Pedestrian Overpass Bridge on or over the described property in accordance with Section 73.021 (6), Florida Statutes: and WHEREAS, the City Commission, through the process of conducting public meetings and workshops, has carefully considered numerous factors relevant to the acquisition of the real property legally described herein including, without limit, the absence of an available alternative site, the costs of the public project, environmental factors and mitigation; public safety; and WHEREAS, subject to limitation set forth in Sections 73.013) and 73.014. Florida Statutes, the City of Sunny Isles Beach is authorized.. pursuant to Sections 166.401. and 166.411, Florida Statutes, to exercise the right and power of eminent domain for municipal purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Description of Property. The City Commission of the City of Sunny Isles Beach hereby authorizes the acquisition of the real property legally described herein Exhibit "A" by gift, purchase, or eminent domain in accordance with Chapter 166, et seq., Florida Statutes, the Municipal Home Rule Powers Act, and Chapters 7' ) and 74, Florida Statutes. The Citv of Sunny Isles Beach shall acquire fee simple title to said property. Section 3. Finding of Public Purpose and Necessitv. The Citv Commission of the City of Sunny Isles Beach hereby declared that it is necessary to acquire, through eminent domain or negotiated acquisition or conveyance, fee simple title to the subject parcel, legally described in Exhibit "A" for the construction of the Pedestrian Overpass Bridge. The City Commission further declared that acquisition of the subject parcel legally described in Exhibit "A ", serves a municipal purpose and is necessary for compliance with state law and the City's Comprehensive Plan. Section 4. Authority of the Citv Attorney to Initiate Eminent Domain Proceedings. The City Attorney shall first attempt to acquire the subject parcel through negotiations, subject to Florida law; however, if such negotiations fail within a reasonable time from the enactment of this Resolution. the City Attorney and all others acting on his behalf are authorized to initiate eminent domain proceedings pursuant to Chapters 73, 74, 166 of Florida Statutes. Section 5. Authority of the City Manager and City Attorney. The City Manager and City Attorney and all others acting on their behalf are authorized to contract with real estate appraisers, engineers, title examiners, legal counsel and other expert witnesses and consultants in 82013 - Declaring Public necessity to Acquire Fee Simple Title. 2