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Home My WebLink AboutReso 2013-2053RESOLUTION NO. 2013- ZOS 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 826 WEST AND THE SOUTH SIDE PROPERTY LINE FOR THE PLAZA OF AMERICAS CONDOMINIUMS) FOR THE DEVELOPMENT OF A PEDESTRIAN OVERPASS BRIDGE TO CONNECT GATEWAY PARK TO THE NORTH SIDE OF S.R. 836 WEST; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE AND INITIATE EMINENT DOMAIN PROCEEDINGS; PROVIDING CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TO DO ALL THINGS PERTINENT TO EFFECTUATING THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in the process of constructing a multi- purpose public park commonly called "Gateway Park' on the north side of Sunny .Isles Boulevard, 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 172nd Street currently do not have an adequate and safe means of pedestrian access to the park due to the fact there does not presently exist a pedestrian crosswalk at the intersection of North Bay Road and S.R. 826 westbound (the "Highway') nor is there a pedestrian crosswalk providing for an adequate and safe means of access to and from the Highway at any location on the north side of 826 West; and WHEREAS, the City Commission has considered and deliberately determined that a Pedestrian Overpass bridge connecting the North side of Gateway Park to the north side of S.R. 826 West is needed to provide for the general public welfare, health and safety of pedestrians - whether residents, visitors and employees of the City —to an adequate and safe means of access to and from Gateway Park; and WHEREAS, the City Commission finds that the parcel of real property, legally described herein. is necessary for the construction of the public Pedestrian Overpass Bridge, and further finds that the acquisition of the fee simple interest in the real property, legally described herein serves a valid municipal purpose and is necessary for the construction of the Pedestrian Overpass Bridge to provide access to park amenities to numerous City residents and visitors living and visiting the North Bay Road corridor between 167th Street and 172nd Street: and WHEREAS, the City has further considered and concluded that acquisition of the fee simple interest in the real property described herein is further necessitated by the City's 82013- Declaring Public necessity to Acquire Fee Simple Title. I 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 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 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 IS43%day of Apri l, 2013. s r ,e - ATT� 1 ' t f ~.Jane A. Hines, CMC, City Clerk i t l�L�ef�wjj 1 City Attorney VOTE: C& -b Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: �� c o At 19�r t ofJ Second by: C�mvY.L�Stot��l2�PrTTb 82013- Declaring Public necessity to Acquire Fee Simple Title. 3 yeses no veses/no yeses/ no yes o yes no ?ye CDD'. F QS,r Of SUN e� City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3 1 13 Fax (305) 947 -2150 Building Deparonent (305) 947 -5107 Fax MEMORANDUM TO: The Honorable City Commissio FROM: Hans Ottinot, City Attorney DATE: April 18, 2013 City Commission Norman S. Edelcup. Mayor Isaac Action, {'ice ,t/o}nr Jeanette Carlo. Commissioner Jennifer Levin. Commissioner George -Bud- Scholl, Commissioner Christopher J. Russo Ciq- Sfaager Hans Ottinot. Ciry Attorney Jane A. Hines. CHIC, Ciry Clerk RE: Authorizing the Acquisition by Purchase or Eminent Domain of Property for Pedestrian Overpass Bridge RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City of Sunny Isles Beach is in the process of constructing a multi - purpose public park commonly called "Gateway Park' on the north side of Sunny Isles Boulevard; which public park project is consistent with the City's Comprehensive Plan. The residents and visitors who either live in or visit the North Bay Road corridor between 167 Street and 172nd Street currently do not have an adequate and safe means of pedestrian access to the park due to the fact there does not presently exist a pedestrian crosswalk at the intersection of North Bay Road and S.R. 826 westbound (the "Highway) nor is there a pedestrian crosswalk providing for an adequate and safe means of access to and from the Highway at any location on the north side of 826 West. The City Commission has considered and deliberately determined that a Pedestrian Overpass bridge connecting the North side of Gateway Park to the north side of S.R. 826 West is needed to provide for the general public welfare, health and safety of pedestrians- whether residents, visitors and employees of the City — to an adequate and safe means of access to and from Gateway Park. As such, the City Commission is providing the City Attomey and the City Manager with the authority to acquire the necessary land to construct a Pedestrian Overpass Bridge to connect Gateway Park to the North side of 826 West. Ageenaamu I I O M Date 4— EXHIBIT W LEGAL DESCRIPTION: A portion of Tract "A ", PLAZA OF THE AMERICAS SECTION ONE, according to the plat thereof, as recorded in Plot 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 N 02'17'35" W along the West line of said Tract "A ", also being the East right of way line of North Bay Road for 46.00 feet; thence N 87'42'25" E along the North right of way line of State Road #826 Westbound at right angles to the previously described course for 240.17 feet to the Point of Beginning; thence continue N 87'42'25" E along said North right of way line of State Rood #826 Westbound for 12.00 feet, the following five (5) courses being at right angles to the previously described course; 1) thence N 02'17'35" W for 30.00 feet; 2) thence N 8742'25" E for 10.00 feet; 3) thence N 02'17'35' W for 24.00 feet; 4) thence S 8742'25" W for 22.00 feet; 5) thence S 02'17'35" E for 54.00 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 N 8742'25" E for the North right of way line of N.E. 163rd Street. — 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 888 square feet, or 0.020 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 April 12, 2013, 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, LEA SKILES, INC., LB3653 By: Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. Drawn By MAP Cad. No. 130455 Ref. Dwg. 2009 -077 Plotted: 4/12/13 1:43p DESCRIPTION, NOTES, AND CERTIFICATION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORmA CERTIFICATE OF ALTHORIZATION NUMBER: 00003653 180 Northeast 168th. Stxoet / North Miami Beach, Florida 33162 Phone: 305- 653 -4493 / Fax 305 -651 -7152 / Em�fl flsQflsstuvry.com Date 4/12/13 Scale NOT TO SCALE Job. No. 130455 Dwg. No. 1013 -032 -1 Sheet 1 of 3 EXHIBIT "A" Q � OM UNE LL G 1 L7 12.00 N87'42'25'E 1 30.00 O L3 10.00 N87'42'25'E L4 LINE TABLE UNE LENGTH I BEARING L7 12.00 N87'42'25'E L2 30.00 N0217'35'W L3 10.00 N87'42'25'E L4 24.00 NO2'l7'35'W L5 22.00 S87'42'25'W L6 54.001 S0217'35'E TRACT "A" PLAZA OF THE AMERICAS SECTION ONE \ PLAT BOOK 106 PAGE 66 \� cc O I J \ L3 O �� WEST LINE OF TRACT 'A' @ NORTH RIGHT OF WAY LINE OF \ 21 EAST RIGHT OF WAY LINE STATE ROAD #826 WESTBOUND Z I OF NORTH BAY ROAD \ 240.17 — — — 30.00' N87'42'25'E ------ - - - - -- Lt RIGHT OF WAY — — — — LAT BOOK I POINT OF PAGE 66 3: 90' RIGHT OF WAY BEGINNING STATE ROAD RIGHT OF WAY MAP 87170 -2517 (PUBLIC RIGHT OF WAY) SOUTH UNE c (SHEET 3 OF 8) STATE ROAD #826 WESTBOUND TRACT RIGHT OF WAY CENTERUNE OFJ STATE ROAD STATE ROAD iB26 POINT OF ^ MAP 871070 2517 xESTeouN COMMENCEMENT (SHEET 3 OF 8) S.W. CORNER OF TRACT 'A' LOT 10 I LOT 9 LOT 8 1 LOT 7 SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION PLAT BOOK 50 PAGE 76 0 HGRAPHIC SCALE 0 o Bo 40 so fl T I ( IN FEET) 1 inch = 40 R GATEWAY PARK PARCEL FORTIN, LEAVY, SKILES, INC. DRAWING #2009 -077 -- -- I------- - - - - -- N87'4225E _ 3yn N.E. 163RD STREET CENTERUNE �OF2 STATE ROAD #826 EASTBOUND pa / ST EA5TB ND 6 — SUNNY ISLES BOULEVARD 1 (SUNNY ISLES OCEAN BEACH - PLAT BOOK 50 PAGE 76) (PUBLIC RIGHT OF WAY) .- - Drawn By MAP Cad. No. 130455 Ref. Dwg. 2009 -077 Plotted: 4/12/13 1:43p SKETCH OF DESCRIPTION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Shoot / North Miami Heath, Florida. 33162 Phone: 305 - 653 -4493 / Fax 305 -651 -7152 / Email flsQflsswvry.com Date 4/12/13 Scale 1"=40' Job. No. 130455 Dwg. No. 1013 -032 -1 Sheet 2 of 3 EXHIBIT "A" LOT 1 r Z VISTAVIEW SECTION ONE TATUM'S OCEAN PARK yeT (P.B. 96 PG. 66) (P.B. 10 PG. 64) _ W o R.K. COMMERCIAL a) tiJ� Q / O CENTER SOUTH W tiP 0 OT 0 c TRACT "A" A z PLAZA OF THE AMERICAS P PART J ,o SECTION ONE (P.B. 106 PG. 66) QpG OO J = SITE 6 NOT =° �O 2 SUBDIVIDED STATE ROAD 826 WESTBOUND U BE LA- 1ST B2 EVISION 1 1 I X12 X11 X10 9 8 lP ko5P 1 6)1 5 111 4 1 3 2 1 1 1 ¢ Z ¢ PARK STATE ROAD 826 EASTBOUND p Z O ¢ Y 63 2312412512612712812913013113213313413513 Lu 0 ¢� J Lu O a c� L U) x a f TRACT "A" Wm ma Q 0 R X Drawn By MAP LOCATION SKETCH Date 4/12/13 Cad. No. 130455 Scale NOT TO SCALE Ref. wg. FORTIN, LEAVY, S KILES, INC. Job. No. 130455 2009 -077 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTtf'ICATE OF AUTHORIZATION 141J1vMER: 00003653 Dwg. No. 1013 -032 -1 180 Northeast 168th. Street / North Miami Beech, Florida. 33162 Plotted: 4/12/13 1:43p Phone: 305- 653 -0493 / Fax 305- 651 -7152 /Email IlsQflss ey.. Sheet 3 of 3