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HomeMy WebLinkAboutR-86-02234\ V J-86-274 3/18/86 RESOLUTION NO. 86 - 2 9 A RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION, BY WAY OF PURCHASE OR CONDEMNATION, OF THE FEE SIMPLE TITLE TO THE PARCEL OF VACANT LAND LYING BETWEEN NORTHEAST 69TH STREET AND NORTHEAST 71ST STREET ON BISCAYNE BAY IN THE CITY OF MIAMI, FLORIDA, WHICH PARCEL CONTAINS APPROXIMATELY 8.541 ACRES AND WHICH IS MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT W , TO BE USED FOR PARK AND/OR MARINA PURPOSES; FURTHER AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS TO ACQUIRE THE FEE SIMPLE TITLE TO SAID PROPERTY BY CONDEMNATION PROCEEDINGS; FURTHER RESCINDING RESOLUTION NO. 86-101 ADOPTED FEBRUARY 13, 1986 IN ITS ENTIRETY. WHEREAS, the City is in dire need of both park lands and marina facilities; and WHEREAS, the City Commission, pursuant to Motion 85-347 and Resolution No. 85-919, authorized the City Manager to obtain appraisals and pursue the purchase of the parcel of land located between Northeast 69th Street and Northeast 71st Street on Biscayne Bay (hereinafter the "Property") to use for park and/or marina purposes; and WHEREAS, appraisals have been obtained and efforts have been unsuccessfully made to secure the property for valid public and ' municipal purposes by negotiation and purchase; and WHEREAS, the City Commission finds that the fee simple title to the herein property is needed for said purposes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The acquisition of the fee simple title to the parcel of vacant land located between Northeast 69th St. and Northeast 71st Street on Biscayne Bay in the City of Miami, Florida, which parcel contains approximately 8.541 acres and which is more particularly and legally described in the attached Exhibit W , to be used for park and/or marina purposes is hereby approved; further, said acquisition is hereby authorized by way d_ CO]in I� of purchase or condemnation. MBG OF MAR 113 ON - == Section 2. The City Attorney is hereby authorized to i "i take all necessary steps to acquire the fee simple title to said property by condemnation proceedings. Section 3. All recitals and findings contained in the preamble of this Resolution are hereby incorporated by reference thereto and are hereby adopted as if fully set forth in this Section. Section 4. Resolution No. 86-101 adopted February 13, 1986 is hereby rescinded in its entirety. PASSED AND ADOPTED this loth day of MARCH , 1986. 4� 1 " /- � XAVIER L. 4MAREZ MAYOR ATTEST: MATOTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G:w G. MIRIAM MAER ASSISTANT CITY ATTORNEY APPROVED ASAO FO$K AND CORRECTNESS: LUCIA'A.' DOUG CITY ATTORNEY GMM:bss:P099 10 A0 EXHIBIT 'A' LEGAL DESCRIPTION NE 69 TO 71 Street & iscayne Bay Lots 1 and 2, Block 1, 'of BAYWOOD WATERFRONTS, as recorded in Plat Book 82, page 450 of the Public Records of Dade County, Florida; and Lots 47, 48, and 49, of Block 1, of BAYWOOD, as recorded in Plat Book 5, page 85, of the Public Records of Dade County, Florida, less the portions thereof included in Lots 1 and 2, Block 1, of BAYWOOD WATERFRONTS, as recorded in Plat Book 82, page 45, of the Public Records of Dade County, Florida, but subject to the dedication to the City of Miami, filed under Clerk's File Number 67R-70954 subject to the storm sewer easement to the City of Miami, as filed under Clerk's File Number 63R- 36795, both being recorded in Dade County, Florida; and a parcel of land in Section 18, Township 53 South, Range 42 East, Dade County, Florida more particularly described as follows: Commence at the NE corner of the NE 1/4 of said Section 18; thence south 88007'46" west along the north line of the NE 1/4 of said Section 180 for a distance of 163.21 feet to a point; thence south 4123'14" west for a distance of 20.59 feet to the northwesterly corner of Lot 47, Block 1, of BAYWOOD, as recorded in Plat Book 5, page �5, of the Public Records of Dade County, Florida; thence north 88 07'46" east along the north line of said Lot 47 and along its prolongation easterly for a distance of 304.87 feet to a point on the Bulkhead line along the westerly shore of Biscayne Bay established by the Board of County Commissioners of Dade County, by Resolution 2025 adopted and passed September 21 1958 in compliance with Section 253.122 Florida Statutes 1957, and the point of beginning of t�e tract of submerged lands herein described; thence south 49 13148" west, along the said bulkhead line for a distance of 238.86 feet to the intersection thereof with the prolongation easterly of the south line of Lot 49, Block 1, of said BAYWOOD; thence south 88 07146" west along the prolongation east of the south line of said Lot 49, for a distance of 120 feet, more or less, to the mean high water line Of Biscayne Bay; thence northeasterly meandering the mean high water line of Biscayne Hay, for a distance of 260 feet, more or leas, to a point on the north line of said Lot 47, thence north 1 88 07146" east along the prolongation east of the north line of the said Lot 47 for a distance of 93 feet, more or less, to the point of beginning; containing 0.38 acres, more or less, and lying and being in Dade County, Florida as recorded in Official Records Book 3403, page 196, of the Public Records of Dade County, Florida, with the Saving and Reserving Clause noted therein in said instrument from the TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, to SANEL BEER AND ELOISE C. S. BEER, his wife, and also subject to the storm sewer easement to the City of Miami, as filed under Clerk's File No. 63R-36795, filed in the Public Records of Dade County, Florida. 4. 1 8 -223- *0 S• EXHIM 'A' Legal continued AND Lot 3, Block 1, MCKAY SUBDIVISION, as recorded in Plat Book 75, page 18, Public Records of Dade County, Florida, less that portion of Lot 3, Block 'I, of 'MCKAY SUBDIVISION, described as follows: begin at the SW corner of Lot 3, Block 1, of MCKAY SUBDIVISION, Plat Book 75, page 18, Public Records of Dade County, Florida, thence north 88 2214611 east along the south boundary line of the said Lot 3 for a distance of 193.290feet to the southeasterly corner of said Lot 3, thence north 49 13'48" east along the southeasterly boundary of said Lit 3 for a distance of 496.01 feet to a point; thence north 30 0114411 west for a distance of 152.15 feet to a poin6 on -the northwesterly boundary of said Lot 3; thence south 59 58'16." west along the northwesterly boundary of said Lot 3 for a distance of 235.17 feet to a beginning of a tangential circular curve, thence southwesterly along the northwesterly and northerly boundary of the said Lot 3 and along the said circular curve to the right ha6ing a radius of 178.01 feet through a central angle of 28 09100" for an arc distance of 87.46 feet to the end of said curve; thence south 88 07116" west along the north boundary of the said Lot 3 for a distance,of 211.37 feet to the intersection thsreof with the west boundary of the said Lot 3; thence south 00 59114" east along the west boundary of the said Lot 3 for a distance of 312.74 feet to the point of beginning. Contains: 0.888 acres and 0.978 acres = 1.86 acres land and 8.5 acres of submerged land rn 86-0223..