HomeMy WebLinkAboutReso 2011-1816
RESOLUTION NO. 2011-J.!alL,
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 ("SUBMERGED LAND") MORE
P ARTICULAR DESCRIBED HEREIN (LOCATED BETWEEN NE
172RD ST. & 174TH STREET AND N. BAY ROAD) FOR THE
DEVELOPMENT OF AN EMERGENCY BRIDGE; AUTHORIZING
THE CITY ATTORNEY TO INITIATE EMINENT DOMAIN
PROCEEDINGS; PROVIDING THE CITY MANAGER AND THE
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 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 174111 Street; and
WHEREAS, the City Commission further determined that the Emergency Bridge
connecting North Bay Road from 172nd Street will minimize the use of Collins Avenue by
providing an alternative evacuation north-south route for pedestrians and emergency
vehicles and will also serve as an emergency evacuation route in the event of a hurricane
or other disasters; and
WHEREAS, the City Commission finds that the submerged land described herein is
necessary for the construction of the Emergency Bridge, including necessary support structures
and environmental mitigation areas, and further finds that the acquisition of the fee simple
interest in the subject land serves a municipal purpose and is necessary for the construction of the
Emergency Bridge in accordance with the City Comprehensive Plan; and
WHEREAS, the City has concluded that acquisition of the fee simple interest in the
subject submerged land is further necessitated by the City's obligation to comply with State law
and the City's; and
WHEREAS, the City has caused the property described herein to be surveyed and has
located its line or area of construction and intends in good faith to construct a emergency
pedestrian bridge on or over the described property in accordance with Section 73.021 (6),
Florida Statutes; and
FrLDOCs 5852809 I
WHEREAS, the City Commission through the public process of meetings and
workshops, has carefully considered the factors relevant to the acquisition of the subject parcel,
including the absence of an available alternative site, the costs of the project, environmental
mitigation, public safety, including the safe and the provision of an emergency evacuation route,
and has requested the allocation of certain funding for acquisition of the submerged land; 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.
reference.
Recitals. The above recitals are true and correct and are incorporated herein by
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 in Exhibit "A".
by gift, purchase, or eminent domain in accordance with Chapter'166, 9166.401, 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 fee simple title to said property.
Section 3. Finding of Public Purpose and Necessity. The City Commission of the
City of Sunny Isle Beach hereby declared that it is necessary to acquire, through eminent
domain or negotiated conveyance, fee simple title to the subject parcel, described herein for
the construction of the Emergency Bridge. The City Commission further declared that
acquisition of the subject parcel serves a municipal purpose and is necessary for 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 subject parcel through negotiations; 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 connection with eminent domain proceedings and to do all things necessary to
effectuate this Resolution.
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.
Submerged Land Eminent Domain Reso
FTLDOCS 5852809 1
2
Section 7.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 1,1$ day of December 2011.
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. ATTEST:'
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:", Jane A. Hines, CMC, City Clerk
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APPROVED AS TO FORM
AN~ S F CIENCY:
H ttinot, City ttorney
Vote: 5-0
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
Submerged Land Eminent Domain Reso
FTLDOeS 5852809 I
Moved by: V,~ W\~Vj'l"lH~
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Seconded by: \....t)~..rl.OA ~ b~
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3
LEGAL DESCRIPTION
PORTION OF TATUM'S SUBDIVISION
CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA
A portion of Lot 3 , TATUM'S SUBDIVISION, also know as SUBDIVISION OF GOV'T, LOT
6 SEC. 2-52-42 & GOV'T LOTS 1,2,4 & PORTIONS OF 5 & 6 SEe. 11-52-42, according to
the plat thereof as recorded in Plat Book 10, Page 64 of the Public Records of Miami-Dade
County, Florida and being more particularly described as follows.
COMMENCING at the Most Northerly Northeast comer of 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, Florida, said point being on a South line of said Lot 3;
THENCE South 86054'08" West on said South line of Lot 3 and the North line of said Tract' A',
a distance of 86.75 feet to the POINT OF BEGINNING
THENCE continue South 86054'08" West on said South line of Lot 3 and the North line of said
Tract 'A', a distance of91.33 feet to a point on the arc ofa non-tangent curve to the right, whose
radius point bears North 33037'15" East;
THENCE Northwesterly on the arc of said curve having a radius of 180.00 feet, through a central
angle of 39002'20", an arc distance of 122.64 feet to a point on line parallel to and 100.00 feet
North of as measured at right angles to the South line of said Lot 3;
THENCE North 86054'08" East on said parallel line, a distance of 60.56 feet;
THENCE South 21034'27" East, a distance of 11.36 feet;
THENCE South 45014'20" East, a distance of 57.02 feet;
THENCE South 55018'32" East, a distance of 63.96 feet;
THENCE South 37003'45" East, a distance of9.35 feet to a point on said South line of Lot 3 and
the POINT OF BEGINNING;
Said lands lying and being in the City of Sunny Isles Beach, Miami-Dade County, Florida,
containing a total area of 7,896 square feet (0.18 acres), more or less.
SURVEYOR'S NOTES:
1. Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
Prepared By:
CAL VlN, GIORDANO AND ASSOCIATES, lNC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
December 12, 20 I I
p:lprojects120031034122 sunny isles capital improvement managementlsurveyllegal descriptionsl034 I 22-v-sd-bridge-"rcl.docx
SHEET 1 OF 3
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 Tract A, R. K. MARINA
APARTMENTS as recorded in Plat Book 157, Page 70 of the Public Records of Dade
County, Florida, having a bearing of North 86054'08" East.
12-/2- 20//
'..... .
I t X
Prepared By:
CAL VIN, GIORDANO AND ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
December 12,2011
p:\projects\2003\034122 sunny isles capital improvement managementlsurvey\legal descriptions\034122-v-sd-bridgejlrcl.docx
SHEET 2 OF 3
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LEGEND:
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L.B.
M.D.C.R.
O.R.B.
P.O.B.
P.O.C.
P.B.
PG.
R/W
sa.FT.
SEC
S.R.
A PORTION OF LOT 3 ,
SUBDIVISION OF GOV'T, LOT 6 SEC. 2-52-42 &
GOV'T LOTS 1, 2, 4 &
PORTIONS OF 5 & 6 SEC. 11-52-42
Cen terline
Licensed Business
Miami-Dade County Records
Official Records Book
Point ot Beginning
Point ot Commencement
Plat Book
Page
Right-ot-Way
Square Feet
Section
State Rood
SCALE 1" = 40'
60' /W
PORTION OF LOT .3
TA TUM'S SUBDIVISION
(P.B. 10, Pg. 64, M.D.C.R.)
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TIES (0 R B 22626 PC. 1856. M.D.C.R.)
DOCK FAClLl . . . ,
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91.33'
537"03'45"E 9.35'
SOUTH LINE OF LOT .3
586.54.08"W 86.75'
60.56'
521.34'27"E 11.36'
CANAL
57.02'
P.O.c.
MOST NORTHERLY N.E. CORNER OF TRACT 'A'
R.K. MARINA APARTMENTS
(P.B. 157, Pg. 70, M.D.C.R.)
AREA= 7.896 SO. FT.
(0.18 ACRES + /-)
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R=180.00'
CA=39.02'20"
L 122.64'
TRACT "A"
R.K. MARINA APARTMENTS
(P.B. 157, Pg. 70, M.D.C.R.)
NORTH LINE OF TRACT 'A'
R.K. MARINA APARTMENTS
(P.B. '57, PG. 70, M.D.C.R.)
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.~ '/J. E X C E P T JON A l 5 0 l UTI 0 N 5
e ~ tl 1800 ElkrOlive. Suite 600, Fort lauderdale. Florida 33316
;> '-J J Phone: 954.911.7781 Fax: 954.9l1.8807
a... li Certificate of Authorization 6191
TRACT "D"
R.K. MARINA APARTMENTS
(P.B. 157, Pg. 70, M.D.C.R.)
SCALE PROJECT No SHEET
SKETCH OF ," = 40' 03-4' 22
LEGAL DESC RIPTION DATE CAD FILE
CITY OF SUNNY ISLES BEACH, MlAM DADE COUNTY, FLORIDA 12-12-1 , SEE LEFT
3
.3
MIAM'~
Memorandum DB'-
Date:
November 29, 2011
To:
Hon. Chairperson and Members
Environmental Quality Control Board
~He~, ss nl Director
d~tting, Environment and Regulatory Affairs
From:
Subject:
Pre-hearing Memorandum
City of Sunny Isles Beach
Hearing of: 12/08/2011
This item was continued at the hearing of November 10, 2011 at the Petitioner's request. The petition
comes before the Board as a request by Petitioner, the City of Sunny Isles Beach, for a variance from
the requirements of Section 24-48.2(II)(A)(1) of the Code of Miami-Dade County, Florida. The request
is to allow for the issuance of a Class I permit application for the construction of a bridge in tidal waters
of Miami-Dade County, Florida without the required evidence of ownership or a lease of the submerged
land upon which work is proposed. The proposed project intends to connect North Bay Road between
N.E, 172nd Street and N.E. 174th Streets in the City of Sunny Isles Beach, Miami-Dade County, Florida.
The bridge will span an artificial canal, with support structures embedded in the submerged land. The
bridge is intended to provide a north/south alternative to Collins Avenue for pedestrians and emergency
vehicles. It will also serve as an emergency evacuation route during hurricanes.
Section 24-48.1 of the Code of Miami-Dade County, Florida, requires a Class I permit for any type of
work to take place in, on, over or upon any tidal waters, bay bottom land~ or wetlands supporting
halophytic vegetation anywhere in Miami-Dade County. Section 24-48.2(II)(A)(1) of the Code of Miami-
Dade County requires that a Class I permit application include evidence of ownership or a lease of the
submerged land upon which work is proposed. The submerged lands along the canal are owned by
Cavalry Corp, an inactive Florida Corporation. Property tax records indicate that the taxes associated
with the property are up to date. Based on the information provided the Petitioner has been successful
in contacting representatives from Cavalry Corp. However, Cavalry Corp. has not provided
authorization for the use of the submerged lands.
Staff has no objection to the proposed work from an environmental standpoint provided that the
Petitioner mitigates for any adverse environmental impacts associated with the construction of the
bridge. However, the Petitioner has not demonstrated that they have pursued all other available
remedies for securing the legal use of the property prior to applying for a variance from the Code. As a
governmental entity the Petitioner does not need to acquire VOluntary cooperation from the owner and
can take legal actions to obtain the submerged lands through eminent domain. Therefore, prior to
issuance of a Class I permit, the Petitioner should obtain authorization, or gain control of the
submerged lands in the area of the proposed project.
2011-EQCB-00022
December 8, 2011 (5)
Hon. Chairperson and Members
Environmental Quality Control Board
City of Sunny Isles Beach
Page 2
Based on the foregoing, staff recommends that the Board deny the requested variance to process a
Class I permit application for the proposed bridge without evidence of ownership or a lease of the
submerged land upon which work is proposed.
Attachments: Exhibit A: Survey
Exhibit B - Aerial photo
2011-EQCB-00022
December 8, 2011 (5)
-7
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Preview
Page 1 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Hans Ottinot, City Attorney
DATE:
12/15/2011
RE:
Acquistion of Property ("Submerged Land") located between NE 172nd
St. 1 174th Street and N. Bay Road
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
As you know, the City's Comprehensive Plan, adopted in 2000, requires the City to
construct an Emergency Bridge between 172nd Street and 174th Street. Based on research,
the proposed Emergency Bridge connecting North Bay Roadfrom 172nd Street will
minimize the use of Collins A venue by providing an alternative evacuation north-
south route for pedestrians and emergency vehicles and will also serve as an
emergency evacuation route in the event of a hurricane or other disasters.
During the permitting process, it was determined that the City must acquire certain
submerged land in order to place support structures in the water for the bridge. The City
must acquire approximately between .14 acres and .20 acres of submerged land to
construct the Emergency Bridge. It is important to note that Miami-Dade County has
directed the City to acquire the submerged land by eminent domain.
Pursuant to Section 166.401, Florida Statutes, the City has the authority to condemn
private property for public use. If the fee simple interest of the submerged land is not
vested in the City, the City will not be able to comply with state law and its
Comprehensive Plan.
1 Attachment
http://sibagenda. sibfl.net/ agenda/Preview.aspx?I temID=6 71 &MeetingID=O&MeetingDate... 12/9/2011
Preview
Page 2 of2
,
I
I
ATTACHMENTS:
.
MDC Memorandum
.
Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=671 &MeetingID=O&MeetingDate... 12/9/2011
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Ciry Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Alan J. Cohen, City Manager
Hans Ottinot, City Attotnry
Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable City Comm~~ fI
Hans Ottinot, City Attorne~
December 15,2011
Acquisition of Property ("Submerged Land") located between NE 172nd St. /
174th Street and N. Bay Road
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
As you know, the City's Comprehensive Plan, adopted in 2000, requires the City to construct an
Emergency Bridge between 172nd Street and 174th Street. Based on research, the proposed
Emergency Bridge connecting North Bay Road from 172nd Street will minimize the use of
Collins A venue by providing an alternative evacuation north-south route for pedestrians
and emergency vehicles and will also serve as an emergency evacuation route in the event
of a hurricane or other disasters.
During the permitting process, it was determined that the City must acquire certain submerged
land in order to place support structures in the water for the bridge. The City must acquire
approximately between .14 acres and .20 acres of submerged land to construct the Emergency
Bridge. It is important to note that Miami-Dade County has directed the City to acquire the
submerged land by eminent domain.
Pursuant to Section 166.401, Florida Statutes, the City has the authority to condemn private
property for public use. If the fee simple interest of the submerged land is not vested in the City,
the City will not be able to comply with state law and its Comprehensive Plan.
/ Attachment