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HomeMy WebLinkAboutReso 2014-2218RESOLUTION NO. 2014 - 2�kj A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING PUBLIC PURPOSE AND NECESSITY TO ACQUIRE A PERMANENT EASEMENT IN, OVER, UPON, AND ACROSS ALL THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" FOR THE CONSTRUCTION AND MAINTENANCE OF THE EMERGENCY BRIDGE; AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE VOLUNTARY ACQUISITION OR INITIATE EMINENT DOMAIN PROCEEDINGS; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO RETAIN EXPERT WITNESSES, CONSULTANTS, AND COUNSEL AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is required by Chapter 163, Florida Statutes to comply with the requirements of its Comprehensive Plan; and WHEREAS, the City's Comprehensive Plan, adopted in 2000, requires the City to construct an Emergency Bridge between 172nd Street and 174`x' Street (hereinafter "Emergency Bridge "); and WHEREAS, the City Commission further determined that the Emergency Bridge connecting North Bay Road from 172nd Street is necessary for the purpose of minimizing the use of Collins Avenue by providing an alternative evacuation north -south route for pedestrians and emergency vehicles and further will also serve as an emergency evacuation route in the event of a hurricane event, other natural disasters or other emergent public health and safety needs; and WHEREAS, the City acquired on or about February 23, 2005 an Ingress /Egress Easement for the construction of the southern landing of the Emergency Bridge from Porto Bellagio Condominium Association, Inc. ( "Porto Bellagio "); and WHEREAS, the City has determined the declared benefits of the Ingress /Egress Easement are not adequate to meet the public health and safety requirements envisioned by the construction, development and maintenance of the Emergency Bridge; and WHEREAS, the City Commission finds that the acquisition of the Permanent Easement described in Exhibit "A" is necessary for the construction, development and maintenance of the Emergency Bridge, and further finds that the acquisition of the Permanent Easement serves a proper municipal purpose and is necessary for the construction of the Emergency Bridge in accordance with the City Comprehensive Plan; and WHEREAS, the City Commission has considered, among other things, the costs and other economic and non - economic impacts associated with the acquisition, the City's long range planning goals and objectives, life, health and safety concerns, environmental impacts, and other factors pertinent to the acquisition of the easement; and further finds that acquisition of the Permanent Easement is necessitated by the City's obligation to comply with State law and the City's Comprehensive Plan; and WHEREAS, subject to the 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 an Permanent Easement in the property legally described in Exhibit "A" by gift, voluntary purchase, or eminent domain in accordance with Chapter 166, §166.401, et seq., Florida Statutes, the Municipal Home Rule Powers Act, and Chapters 73 and 74, Florida Statutes. The City of Sunny Isles Beach shall acquire a Permanent Easement in said property. Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of Sunny Isle Beach hereby declares that it is necessary to acquire, through eminent domain or negotiated conveyance, the Permanent Easement described in Exhibit "A ", for the construction and maintenance of the Emergency Bridge. The City Commission further declared that acquisition of the easement serves a municipal purpose and, among other things, is necessary to establish the City's compliance with state law and the City's Comprehensive Plan. Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings. The City Attorney shall first attempt to acquire the easement through good faith negotiations and voluntary purchase or other conveyance; however, if such good faith negotiations fail within the time prescribed by Florida law, the City Attorney and all others acting on his behalf are hereby authorized to initiate eminent domain proceedings pursuant to Chapters 73, 74, and 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 connection with eminent domain proceedings and to do all things necessary to effectuate this Resolution. 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 effect the validity of the of any part. Section 7. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this � day of April 2014. ATTEST: Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND,I+G)L,L SIJFFICIENCY: Attorney Vote: 5 _ 0 Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: Y t Seconded by: n\)E.R _(Yes) (No) _(Yes) (No) (Yes) (No) (Yes) (No) —(Yes) (No) 3 LEGAL DESCRIPTION PERMANENT CONSTRUCTION EASEMENT No. 1 CITY OF SUNNY ISLES BEACH, MIAMI -DADE COUNTY, FLORIDA A portion of Tract "D" and Tract "A ", R.K. MARINA APARTMENTS, according to the plat thereof as recorded in Plat Book 157, Page 70 of the Public Records of Miami -Dade County, being more particularly described as follows: COMMENCING at the Northwest corner of Lot 19, SOUTH SHORE ESTATES according to the plat thereof as recorded in Plat Book 52, Page 69 of the Public Records of Miami -Dade County, Florida, said point being on a the South line of a Conservation Easement as recorded in Official Records Book 19377, Page 1775, of the Public Records of Miami -Dade County, Florida; THENCE South 68 °30'04" West, along the North line of an Access Easement as recorded in Official Records Book 23140, Page 3002 of the Public Records of Miami -Dade County, Florida, a distance of 15.37 feet to a point on the arc of a non - tangent curve concave to the Southwest, whose radius point bears South 64 °52'35" West; THENCE Northwesterly on the arc of said curve also being the West line of a Conservation Easement as Recorded in Official Records Book 19377, Page 1775 of the Public records of Miami -Dade County, Florida, having a radius of 157.45 feet, through a central angle of 04 °45'59 ", an arc distance of 13.10 feet to a point of tangency, said point being the POINT OF BEGINNING; THENCE South 03 °05'52" East, along the West line of said Access Easement a distance of 132.07 feet, to a point on the North Right -of -Way line of Northeast 172nd Street and Southeasterly line of said Tract "A ", R.K. MARINA APARTMENTS; THENCE South 86 °54'08" West, along said Southeasterly line of said Tract "A ", a distance of 4.59 feet to the beginning of a tangent curve concave to the South; THENCE Westerly on the arc of said curve and said Southeasterly line of said Tract "A ", having a radius of 55.00 feet, through a central angle of 05 °38'42 ", an arc distance of 5.42 feet; THENCE North 03 °05'52" West, a distance of 149.43 feet to a point on the arc of a non - tangent curve concave to the Southwest, whose radius point bears South 53 °02'48" West, point also being on the West line of a Conservation Easement as recorded in Official Records Book 19377, PG. 1775 of the Public Records of Miami -Dade County, Florida; THENCE Southeasterly on the arc of said curve and West line of a Conservation Easement, having a radius of 161.05 feet, through a central angle of 07 °02'57 ", an arc distance of 19.81 feet to the POINT OF BEGINNING; Prepared by CALVIN, GIORDANO R ASSOCIATES, INC. 1900 Eller Driee, Suite 600 Fort Lauderdale, Florida October 31. 2013 RLV 03/11/14 p: \projecLS\2011 \I 14582 sunny isles beach bridge permitting \survey \legal descriptions \I I- 4582 -v -sd -temp const esmt I docc SHEET l OF 3 EXHIBIT "A" Said lands lying in the City of Sunny Isles Beach, Miami -Dade County, Florida, and containing 1,411 square feet ( 0.032 acres), more or less. SURVEYOR'S NOTES: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. 2. Lands shown hereon were not abstracted by the Surveyor, for Rights-of-Way, Easements, Ownership, or other instruments of record. 3. The information shown hereon does not represent a Boundary Survey. 4. Bearings hereon are referenced to the North line of L,ot 19, SOUTH SHORE ESTATES as recorded in Plat Book 52, Page 69 of the Public Records of Miami -Dade County, Florida, having a bearing of North 86 °54'08" East. CALVIN, GIORDANO & ASSOCIATES, INC. Donald L. Coop"-6rV---' Professional Surveyor and Mapper Florida Registration Number 6269 Prepared by CALVIN, GIORDANO & ASSOCIATES, INC 1800 Eller Drice. Suite 600 Pon Lauderdale, Florida October 31. 2013 REV 0311111.1 p: \projects \201 1 \114582 sunny isles beach bridge perm itting \sttrcev`,legal descriptions \1 I- 4582 -v -sd -temp const esnu I.doc.c SHEET 2 OF 3 SKETCH OF DESCRIPTION PERMANENT CONSTRUCTION EASEMENT No. 1 West line of CONSERVATION EASEMENT (O.R.B. 19377, .R) 1775, M.D.C. � APPROXIMATE WESTERLY PG. A 1981, LIMITS OF BRIDGE �\ \ R161,05' D7'02'57" \ Q U U1 tY Z U W � O� W O Q O C d [\ - Q —Q N Z d O Q to L a p pt, 30 P.O.C. I a —� - -- r N.W. CORNER LOT 19 -- TRACT "D" z 6 M A13.10' "SOUTH SHORE ESTATES" R.K. MARINA APARTMENTS I R157.45' (P.B. 52, Pg. 69, M.D.C.R.) P.8. 157, Pg. 70, M.D.C.R.) g L p4'45'59" W V V Q O F q C Centerline South line of CONSERVATION EASEMENT " ~ 6$ (O.R.B. 19377, PG. 1775, M.D.C.R) 5.374W North line of Lot 19 52, Pg. 69, M.D.C.R.) (P.B. I W � U rn r- North line of I I to ACCESS EASEMENT Ui Imo00 T_ a (O.R.B. 23140, PG. 3002, M.D.C.R) N I �P � N `� " I SCALE 1 ": 20' z m Lot 19 � (P.B. 52, P9. 69, M.D.C.R.) I O I N I 20' ;0 I p J Access Easement Z O.R.B. 23140, Al) Q U U1 tY Z U W � O� W O Q O C d [\ - Q —Q N Z d O Q to L L. B. Licensed Business 0 Q Q I M.D.C.R. Miami —Dole County Records W O.R.B. Official Records Book U N .� Q P.O .B. Point of Beginning C (� O Z 0- P.O.C. Point of Commencement O I P.B. Plot Book Wm U Q' PG. Page !n U I C_ Q R/W Right —of —Way SO. FT. Square Feet Qa S.R. Slate Road Y W � � 0� a A5.42' R55.00' D5'38'42" 586'54 0 4.59' Certificate of Authorization 6791 South line of Lot 19 —SOUTH SHORE ESTATES (prg. 52 PG, 69 D.C.R.) — N.E 172ND STREET SUNNY ISLES BEACH NORTH BAY RD SUNNY ISLES BEACH, FLORIDA 5CALF PROJECT NO SHEET 1 "= 20' 13 -6359 DATE CAO FILE 03/11/2014 3 3 a p pt, 30 I a M.D.C.R. z 6 M w U g g L LEGEND: W V V Q O F q C Centerline 0� a A5.42' R55.00' D5'38'42" 586'54 0 4.59' Certificate of Authorization 6791 South line of Lot 19 —SOUTH SHORE ESTATES (prg. 52 PG, 69 D.C.R.) — N.E 172ND STREET SUNNY ISLES BEACH NORTH BAY RD SUNNY ISLES BEACH, FLORIDA 5CALF PROJECT NO SHEET 1 "= 20' 13 -6359 DATE CAO FILE 03/11/2014 3 3 F * FLOC ` C /Tr OF SUN rN0 TO FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM Honorable Mayor and City Commission Christopher J. Russo, City Manager April 1, 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 Eminent Domain Proceedings to Acquire an Easement on Property Owned by Porto Bellagio Condominium Association, Inc. ( "Porto Bellagio") RECOMMENDATION This Resolution is presented for your approval. REASONS My staff and I have reviewed the relevant factors that are presented in this Resolution requesting authority to proceed with eminent domain proceedings to acquire an additional easement from Porto Bellagio. MIRUA Without the additional easement from Porto Bellagio, the City's cost to construct the Emergency Bridge would increase significantly. ALTERNATE EASEMENT There is no flexibility in finding another easement area because the Emergency Bridge is intended to be constructed on the Ingress/Egress Easement provided by Porto Bellagio. The City must acquire the additional easement to finalize the construction of the Emergency Bridge. The need for the easement is paramount in order for fire apparatus to use the Emergency Bridge. LONG RANGE PLANNING The possible need to maintain the Emergency Bridge in the future requires the additional easement. The ability to maintain and construct necessary improvements on the Emergency Bridge would be limited without the easement. Agenda Item Date 4 — 1 — 1 `t SAFETY CONSIDERATIONS The City has considered the impact that the construction of the Emergency Bridge may have on neighboring properties. The City has taken and will take all necessary steps to mitigate any safety issues. ENVIRONMENTAL CONSIDERATIONS The City is requesting an expansion of an existing easement. The environmental impacts are minimal. Without the additional easement, the City would have to construct near sensitive environmental areas. Based on the above, I recommend that we proceed to acquire the additional easement.