HomeMy WebLinkAboutReso 1997-0021
NOTE TO RECORD:
Resolution No. 97-21
withdrawn and voided.
was
VoiD ~ ~~.
RESOLUTION NO. 97-21 ~ VJ~\ \,\:\
f ~~ \\ ~
A RESOLUTION OF THE CITY COMMISSION 0 THE ~~
CITY OF SUNNY ISLES BEACH, FLORIDA REQU STING
THE FLORIDA DEPARTMENT OF TRANS PO TATION
CONVEY IN ACCORDANCE WITH SECTION 7.25 (4)(h),
FLORIDA STATUTES THAT CERTAIN 63 ACRES
(PARCEL 6075) LYING BETWEEN THE EA BOUND AND
WEST BOUND LANES OF SUNNY ISL BOULEVARD,
WEST OF STATE ROAD A-I-A, MO PARTICULARLY
DESCRIBED IN EXHmIT "A" AT NO ST TO THE CITY;
AGREEING TO UTILIZE SUCH PR ERTY FOR PUBLIC
PURPOSES ONLY; AUTHORIZIN ACCEPTANCE OF A
DEED FOR SUBJECT LAND WI A REVERTER CLAUSE;
EXPRESSING APPRECIA TIO , AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission for e City of Sunny Isles Beach desires to establish a
smaIl park and entrance feature to the newly' corporated municipality of Sunny Isles Beach; and
WHEREAS, the Florida Dep
question for a transportation facility or
ent of Transportation does not require the property in
blic right of way; and
WHEREAS, Section 337.2 4)(h), Florida Statutes, provides that the Department may
transfer real property which is not n ded for the construction and operation of right of way or other
transportation facility and in that e ent the Department may transfer same to a governmental entity
without consideration if the pro~ rty is to be used for public purpose;
for Pro ert Transfer. The City of Sunny Isles Beach respectfully requests
ransportation consider conveying to the City by Quit Claim Deed, at no cost
to the City, that cert .563 acre property lying between the east-bound and west-bound lanes of
Sunny Isles Boulev d, west of State Road A-1-A (sometimes described as ED.O.T. Parcel 6075)
and more particul y described in Exhibit" A" attached hereto and incorporated herein by reference.
KNOWTHEREFO
SUNNY ISLES BEACH,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
RIDA, AS FOLLOWS:
1. Inco ora' n of Recitals. The recitals as set forth hereinabove are incorporated herein
by reference.
3. lic Purpose. The City covenants and agrees to utilize such property upon transfer
for public purposes only including but not limited to the possibility of the creation of a public park
and entrance feature to the City and the possibility of granting an easement to certain public utilities
RES97-21
all of which ED.O.T. agrees to be a valid public purpose, and authorizes the acceptance of a deed
by the City in substantially the same form as attached as Exhibit "B" with a reverter clause to
ED.O.T. if the property is used for other than public purposes.
4. Exoression of Aooreciation. Should the Department consent to such a transfer the City
wishes to express its appreciation of this conveyance in assisting this new City establish open space
for recreational purpose for its citizens.
5.
Effective Date.
This resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of November, 1997.
David Samson, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Lynn M. Dannheisser
City Attorney
Moved by:
Second by:
RES97-21
I
vn. RESOLUTIONS:
1. Resolution #97-19, adopting an interlocal agreement with Metropolitan Dade County and
authorizing the Mayor to execute said agreement on behalf of the City; providing for an effective
date.
ACTION: Commissioner Morrow moved, and Commissioner Kauffman seconded approval of the
resolution. Resolution #97-19 adopted, adopting the interlocal agreement for a term of six months,
by a roll call vote of 5-0 in favor.
Vote: Commissioner Kauffman ~
Commissioner Morrow ~
Vice-Mayor Turetsky ~
Commissioner Iglesias ~
Mayor Samson ~
2. Resolution #97-20, authorizing the purchase of a surety bond for the City Manager and
establishing an amount of bond pursuant to the provisions of the City Charter; providing for an
effective date.
ACTION: Commissioner Morrow moved, and Commissioner Iglesias seconded adoption of the
resolution. Resolution ##97-10 adopted, by a roll call vote of 5-0 in favor
Vote: Commissioner Kauffman ~
Commissioner Morrow ~
Vice-Mayor Turetsky ~
Commissioner Iglesias ~
Mayor Samson ~
_-:> 3. Resolution #97-21, requesting the Florida Department of Transportation convey in accordance
with Section 337.25(4Xh), Florida Statutes, that certain .563 acres (Parcel 6075) lying between
the eastbound and westbound lanes of Sunny Isles Boulevard, west of State Road A-l-~ more
particularly described in Exhibit" A" at no cost to the City; agreeing to utilize such property for
public purposes only; auhtorizing acceptance of a deed for subject land with a reverter clause;
expressing appreciation; and providing for an effective date.
:::=> ACTION: Proposed Resolution #97-21 withdrawn, as a result ofa change in the State's intended
short-term use of the parcel as a retention pond Bill O'leary, landscape architect for the State of
Florida Department of Transportation, was introduced.
Public speakers: Bill O'leary
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to accept the
Department of Transportation's proposal to use the area as a retention pond, and to accept the
State's landscaping of the parcel.
The motion was approved by a roll call vote of 4-0 in favor, with 1 abstention.
Vote: Commissioner Kauffman ~
Commissioner Morrow ~
Vice-Mayor Turetsky ~
Commissioner Iglesias abstain
Mayor Samson ~
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page 4 of 9 - Minutes of the November 20, 1997 City Commission meeting