HomeMy WebLinkAboutReso 2014-2199RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, DECLARING PUBLIC PURPOSE
AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A PARCEL OF
PROPERTY ( "NORTHSIDE BRIDGE LANDING PARCEL ") MORE
PARTICULAR DESCRIBED HEREIN (LOCATED BETWEEN THE
RIGHTS OF WAY OF STATE ROAD 826 WESTBOUND AND THE
SOUTHERN PROPERTY LINE FOR THE PLAZA OF THE AMERICAS
CONDOMINIUM) FOR THE DEVELOPMENT OF A PEDESTRIAN
OVERPASS BRIDGE TO CONNECT GATEWAY PARK TO THE WEST
SIDE OF STATE ROAD 826 WESTBOUND; AUTHORIZING THE CITY
ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS;
PROVIDING CITY MANAGER AND CITY ATTORNEY WITH THE
AUTHORITY TO RETAIN EXPERT WITNESSES AND CONSULTANTS
AND TO DO ALL THINGS TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (hereinafter referred to as "City ") is in the
process of constructing a multi- purpose park commonly called Gateway Park on the north side of
Sunny Isles Boulevard (also known as State Road 826 West), which public park project is
consistent with the City's Comprehensive Plan, and
WHEREAS, the residents and visitors who either live in or visit the North Bay Road
corridor between 167 Street and 172 °d Street currently do not have an adequate and safe means of
pedestrian access to Gateway Park due to the fact there does not presently exist a pedestrian
crosswalk at the intersection of North Bay Road and State Road 826 Westbound nor is there a
pedestrian crosswalk providing for an adequate and safe means of access to and from SR 826
Westbound at any location on the north side of State Road 826 Westbound east of Collins
Avenue, and
WHEREAS, the City Commission has determined that a Pedestrian Overpass Bridge
connecting the north side of Gateway Park to the north side of State Road 826 Westbound is
needed to provide for the general public welfare, health and safety of pedestrians, whether
residents, visitors, or employees of the City, to an adequate and safe means of access to and from
Gateway Park; and
WHEREAS, the City Commission finds and declares that the acquisition of the fee
simple interest in the parcel of land described on Exhibit A attached hereto is necessary for the
construction, operation, and maintenance of the Pedestrian Overpass Bridge to provide safe
access to Gateway Park to the residents and visitors of the North Bay Corridor between 167`"
Street and 172nd Street and further finds and declares that the acquisition of the fee simple
interest in said land serves a valid municipal purpose; and
R2014- Declaring Public necessity to Acquire Fee Simple Title. I
WHEREAS, the City further finds and declares that the acquisition of the fee simple
interest in the parcel of land described on Exhibit A herein is necessary to comply with its
Comprehensive Plan to construct municipal parks to 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, under, over, or through the described property on Exhibit A 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 various factors relevant to the acquisition of the subject
property, including e alternatives, , costs , environmental factors, safety, and long range
planning; and
WHEREAS, the City is authorized under the Constitution of Florida, Municipal Home
Rule Powers Act, and Chapters 73, 74 and 166, 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 fee simple interest in the real property legally described
in Exhibit "A" by gift, donation, purchase, or eminent domain in accordance with the
Constitution of Florida, , the Municipal Home Rule Powers Act, and Chapters 73, 74, and 166,
Florida Statutes. .
Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of
Sunny Isles Beach hereby declares that it is necessary to acquire, through eminent domain or
negotiation, fee simple title to the subject property, described on Exhibit A herein for the
construction, operation and maintenance of the Pedestrian Overpass Bridge and is necessary for
compliance with state law and the City's Comprehensive Plan. The City Commission further
declares that acquisition of the subject property serves a valid municipal purpose.
Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings. 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 employ real estate appraisers,
engineers, title examiners, legal counsel and other expert witnesses and consultants and to take
any action and to do all things necessary to effectuate this resolution, including acquiring the
subject property described in Exhibit A by gift, donation, negotiation, or eminent domain.
82014- Declaring Public necessity to Acquire Fee Simple Title. 2
Section 6. Severability. If any section, subsection, clause or portion of this Resolution is, of
any reason. held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed separate, distinct, provision and such holding shall not affect the validity of the
Resolution of any part.
Section 7. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED and ADOPTED this Ap-Lltlay of February, 2014.
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROV A�TO FORM
AND-LE L FFICIENCY:
s f)tfinot, City Attorney
Moved by
Second by
VOTE: S —o
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
R2014- Declaring Public necessity to Acquire I'ee Simple "I'itle. 3
yes no
yes no
Yes no
yes no
yes no
r
Atiw oo
EXHIBIT "A"
LEGAL DESCRIPTION:
A portion of Tract "A ", PLAZA OF THE AMERICAS SECTION ONE, according to the plat thereof, as
recorded in Plat Book 106 at Page 66, of the Public Records of Miami —Dade County, Florida and
being more particularly described as follows:
Commence at the Southwest corner of said Tract "A "; thence South 89'34'00" East, along the
South line of said Tract "A" for 210.17 feet; thence North 00'26'00" East, at right angles to the
previous course, for 74.00 feet to a point on the North Right —of —Way line of State Road Number
826, Westbound, per Florida Department of Transportation Order of Taking, Parcel 112 in Section
87170 -2517 per civil Action No. 85 -14791 CA 21 filed for record on May 10, 1985 with the Clerk
of the Court, Miami —Dade County, Florida, and the Point of Beginning of the hereinafter described
parcel of land, the next six (6) courses being at right angles or parallel with the previously
described course; (1) South 89'34'00" East along said North Right —of —Way line for 82.00 feet; (2)
thence North 00'26'00" East for 22.75 feet; (3) thence North 89'34'00" West for 26.25 feet; (4)
thence North 00'26'00" East for 13.25 feet; (5) thence North 89'34'00" West for 55.75 feet; (6)
thence South 00'26'00" West for 36.00 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach,
Miami —Dade County, Florida.
— Bearings hereon are referred to an assumed value of S 89'34'00" E for the
North right of way line of STATE ROAD 826 (WESTBOUND).
— Lands shown hereon were not abstracted for easements and /or rights —of —way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Lands shown hereon containing 2,604 square feet, or 0.060 acres, more or less.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2009 -077.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on
January 29, 2014, and meets the applicable codes as set forth in the Florida Administrative Code,
pursuant to Section 472.027, Florida Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAW, SIDES, INC., LB3653
Daniel C. Fortin,"For The Firrr
Surveyor and Mapper, LS2853
State of Florida.
Drawn By JJB
Cad. No. 130455
Ref. Dwg.
2009 -077
Plotted: 2/3/14 9:47a
SKETCH OF DESCRIPT /ON
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305- 653 -4493 / Fax 305- 651 -7152 / Email fls @flssurvey.com
Date
1/29/14
Scale
N/A
Job. No.
131601
Dwg. No.
1013 -212ov
Sheet
1 of 3
EXHIBIT "A"
Q PLAZA OF THE AMERICAS
SECTION ONE
QO ` PLAT BOOK 106 AGE 66 9 -STORY
tY I BUILDING
�i WEST LINE OF TRACT
7 V A" & EAST RIGHT
OF WAY LINE OF
In I NORTH BAY ROAD N89 °34'00 "W
NORTH RIGHT OF WAY LINE OF STATE ROAD #826 WESTBOUND C O 55. �__�
PER TAKING #112 CIVIL ACTION NO: 85 -14791 CA 21
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LOT 7
------ L------------ 1------------- 1------------ -L - - --
N.E. 163RD STREET
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FRIN
IN FxxT
0 IRS 50 1-n
GRAPHIC SCALE
Drawn By JJB
Cad. No. 130455
Ref. Dwg.
2009 -077
Plotted: 2/3/14 9:47a
SKETCH OF DESCRIPTION
FORuN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305- 653 -4493 / Fax 305- 651 -7152 / Email fls@flssurvey.com
M/
Date 1/29/14
Scale 1 " =50'
Job. No. 131601
Dwg. No. 1013 -212ov
Sheet 2 of 3
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P AT BOOK 50 PAGE 7 6
SECOND REVISED PLAT OF
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N.E. 163RD STREET
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SUNNY ISLES BOULEVARD
FRIN
IN FxxT
0 IRS 50 1-n
GRAPHIC SCALE
Drawn By JJB
Cad. No. 130455
Ref. Dwg.
2009 -077
Plotted: 2/3/14 9:47a
SKETCH OF DESCRIPTION
FORuN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305- 653 -4493 / Fax 305- 651 -7152 / Email fls@flssurvey.com
M/
Date 1/29/14
Scale 1 " =50'
Job. No. 131601
Dwg. No. 1013 -212ov
Sheet 2 of 3
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SOtANY tS4 City of Sunny Isles Beach
° a9 18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
* (305) 947 -0606 City Hall
* (305) 949-3113 Fax
yF iD9, * F l OR\0 5`C (305) 947 -2150 Building Department
C 305 947 -5107 Fax
,rY OF SUN Pa o
MEMORANDUM
TO: The Honorable City Commission
FROM: Christopher J. Russo, City Manager
DATE: February 20, 2014
City Commission
Norman S. Edelcup, Mayor
Isaac Aelion, Vice Mayor
Jeanette Gatto, Commissioner
Jennifer Levin, Commissioner
George "Bud" Scholl, Commissioner
Christopher J. Russo City Manager
Hans Ottinot, City Attorney
Jane A. Hines, MMC, City Clerk
RE: Resolution authorizing acquisition of the designated property from the Plaza of
the Americas for the Pedestrian Overpass Bridge for the Gateway Park to be a
Public Necessity
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution: (1) declaring that
the acquisition of property from the Plaza of the Americas for the construction, operation, and
maintenance of a pedestrian overpass bridge for the Gateway Park to be a public necessity; (2)
authorizing the City Manager and City Attorney and all those acting on their behalf to contract
with real estate appraisers, engineers, title examiners, legal counsel and other expert witnesses
and consultants; and (3) authorizing the City Attorney and all others acting on his behalf to
initiate eminent domain proceedings.
REASONS:
Several years ago, the City Commission requested a study to determine whether the City
complied with the Open Space Element in its Comprehensive Plan. The study prepared by Luft
Consulting, Inc. revealed that the City had not fully satisfied its Open Space Element due to the
lack of multi - purpose recreational parks on the west side of Collins Avenue and south of 172nd
street. Consequently, the City acquired approximately four (4) acres on Sunny Isles Boulevard to
satisfy the Open Space Element of the Comprehensive Plan. During the development process of
building a multi- purpose park commonly known as Gateway Park on Sunny Isles Boulevard, the
City quickly realized that more than one thousand residents and visitors would not have safe
access to the Gateway Park because the park was separated by a five -lane (5) highway from the
North Bay Road residential area. As such, the City is seeking to build a pedestrian overpass
bridge to provide safe access to Gateway Park,
The City is in the process of constructing the Gateway Park in between the east and westbound
lanes of Sunny Isles Boulevard (SR 826). The residents of and visitors who currently reside in
the North Bay Road corridor between Sunny Isles Boulevard and 172nd Street do not have a safe
and adequate means of pedestrian access to the park.
The City has assessed and analyzed various alternatives, safety issues, costs, long range
planning, and environmental factors. The City has assessed the following alternatives:
(1) Surface pedestrian crosswalk with traffic signal at Sunny Isles Blvd and North Bay Road;
(2) Pedestrian Overpass Bridge at Sunny Isles Blvd. and Collins Ave;
(3) Pedestrian Overpass Bridge at Sunny Isles Boulevard and the Plaza of the Americas;
(4) Pedestrian Overpass Bridge at the northeast corner of Sunny Isles Blvd. and North Bay Road;
(5) Pedestrian Overpass Bridge at the northwest corner of Sunny Isles Blvd. and North Bay Rd.
After assessing and analyzing the alternatives, safety issues, costs, long range planning, and
environmental factors, it is recommended that a pedestrian overpass bridge be built connecting
the Gateway Park to the north side of SR 826 and that the acquisition of property set forth on the
Sketch of Description attached as Exhibit "A" to the proposed Resolution, from the Plaza of the
Americas be acquired to construct, operate and maintain the northern portion of the pedestrian
overpass bridge. This alternative provides a safe and adequate means for the public to access the
Gateway Park from the North Bay Road Corridor.
As stated previously, the City is required by its Comprehensive Plan to construct municipal
park(s) west of Collins Avenue. The City's construction of the Gateway Park and the proposed
pedestrian overpass bridge is consistent with and in furtherance of the City's Comprehensive
Plan. The pedestrian overpass bridge is necessary to comply with the intent of the
Comprehensive Plan by providing the public with safe access so that they will utilize the
Gateway Park.
The acquisition of the fee simple interest in the property set forth on Exhibit "A" of the proposed
Resolution is. needed for the pedestrian overpass bridge. The Pedestrian Overpass Bridge is
necessary to provide for the general public welfare, health, and safety of residents, visitors, and
city employees by providing an adequate and safe means of access to and from the Gateway
Park.
Lastly, the City Attorney has been directed to use the "slow take" process to acquire the
necessary property. Under this process, the City has the right to reject the property if the price for
the property is too high.
2