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HomeMy WebLinkAboutR-77-0630illSoLUTIoN No. 77-630 A RESOLuTioN FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRING BY AN ORDER OF TAKING PRIOR TO A TRIAL AS TO COMPENSATION AND PURSUANT TO CHAPTER 74 OF THE STATUTES OF FLORIDA THE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR PUBLIC PARK AND RECREATIONAL PURPOSES FOR THE NEW WORLD CENTER BICENTENNIAL PARK AND DIRECTING THE CITY LAW DEPARTMENT TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY WHEREAS, the City of Miami is empowered by its Char and the Laws of the State of Florida to acquire in fee sim e condemnation or otherwise property real or personal, an estate or interest therein, for any of the purposes o City; and WHEREAS, the City Commission makes and det mines the findings hereinafter set forth: WHEREAS, it is the duty of public officials to look to the future and plan for the future; and "DOCUMENT 04DEX WHEREAS, it is likewise the duty of &NCKI-GcsLlas:c.4);: to plan not only for 011ftesent but the forseable future; and WHEREAS, by referendum election held on March 14, 1972 the citizens of the City of Miami voted affirmatively to author- ize the C sslillbcd sell $39,890,000.00 of City of Miami Bonds of acquiring land for and the development of nana sting ‚ y parks; and A.WHE appears on Attachment No. 2 hereto, the pro - which is described on Attachment No. 1 hereto, was de- signated as needed and intended for acquisition to be developed or pc park and recreational purposes through the use of ond sale proceeds; and WHEREAS, the City Commission finds that the acquisition of fee simple title in and to property described in Attachment No. 1 is necessary for public park and recreational purposes for the New World Center Bicentennial Park; and WHEREAS, the property described in Attachment No, 1 con- tains an accurate legal description of the property to be thus CITY COMMISSION MEETING OF JUL 2 6 1977 7 7 - 6 3 mmuawNtio—, ......... Loft_ 0 a Rescinded by R-77-0722 et% aequired, and WHEREAS, the City Commission finds that the subject Property has been surveyed and that the area of construction includes all of the property described herein as well as ad- jacent property already owned by the City of Miami and that the City intends, in good faith, to construct the project on all of the described property as well as certain property cent thereto already owned by the City of Miami; and WHEREAS, the City Commission finds that as soon as subject property is acquired the City will be construction of the extention of the New World vial Park; and WHEREAS, it is necessary that appropriate% teps acquire Ad011111 the property described in Attachment No. 1 be taken so that said property may be made ready to comodate the public need for the additional park facil' NOW, THEREFORE, BE IT CITY OF MIAMI, FLORIDA: Section 1. ThAlkcita and findings hereinabove set forth are ratified, adopted and herein. 111 Sectioly2. It is hereby determined and found necessary by 111111r COMMISSION OF THE reference thereto incorporated for a public p se in order to provide for additional park faciliti ew World Center Bicentennial Park that the in Attachment No. 1 hereto be acquired in ple by gift, purchase, or condemnation by securing an Order of Taking prior to a trial as to compensation and pur- suant to Chapter 74 of the Statutes of Florida. Said Attachment No. 1 is hereby incorporated by reference and made a part hereof as fully as if herein set forth in haec verba. Section 3. That the City of Miami, Florida, its agents and employees are hereby directed to acquire by gift, purchase or condemnation, the fee simple title in and to the property described in Section 2 above as soon as it is legally possible, day of JULY MAURICE A. 'M A Y 0 R titfliihg any and ail statutes of the State of VlOtida ap= P1idable thereto. Section 4. Said City of Miami, its employees and agents ate authorized and directed to incur all the necessary expenses to institute and maintain said condemnation proceedings. PASSED AND ADOPTED this 28 C.(y Clerk PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Att APPR VEB)AS TO 11111111111 11111111111 f 'TACHMENT NO. 1 LEGAL DESCRIPTION AT FLORIDA EAST COAST RAILWAY AND P& 0 PROPERTY MIAMI, FLORIDA ',APPROXIMATELY 33 ACRES OF LAND OWNED BY THE F.E.C. RAILWAY COMPANY ON THE EAST SIDE OF BISCAYNE BLVD. IN THE DOWNTOWN AREA OF THE CITY OF MIAMI, DADE COUNTY, FLORIDA, A tract oF land, some of which is submerged in Section 37, Townships 53 and 54 South, Range 42 East, said Tract of land lying situate and being in the City of Miami, Dade County, Florida, and being more part- icularly described as follows: Begin at the point of intersection of the Easterly extension of the Center line of 3rd STREET (nog known as N. E. 9th STREET) as shown on A. L. KNOWLTON'S MAP OF MIAMI, according to the Plat thereof recorded In Plat Book "B" at Page 41 oF the Public Records of Dade County, Florida, with the Easterly Right -of -Way boundary of BISCAYNE BOULEVARD, said Easterly Right -of -Way boundary of BISCAYNE BOULEVARD being para- llel to and 53 feet Easterly of, as measured at right angles to, the Easterly Right -of -Way boundary of BISCAYNE DRIVE as shown on said A. L. KNOWLTON'S MAP OF MIAMI; thence run South 89°57'43" East along said Easterly extension oF the Center line of said N. E. 9th STREET (formerly known as 3rd STREET) a distance of 1354.80 feet to the point of intersection with the BULKHEAD LINE as shown on REVISED PLAT OF SHEET 3 - METROPOLITAN DADE COUNTY FLORIDA, BULKHEAD LINE - PART THREE, according to the Plat thereof recorded in Plat Book 74 at Page 18 of the Public Records of Dade County, Florida; thence run South 00°17'33" West along said BULKHEAD LINE a distance of 1073.50 feet to the point of intersection with the Easterly extension of the Southerly Right -of - Way boundary oF 6th STREET (now known as N. E. 6th STREET) as shown op said A. L. KNOWLTON'S MAP OF MIAMI; thence run North 89°59'55" West along the last described line, being also along the Northerly Right - of -Way boundary of PORT BOULEVARD a distance of 1060.12 feet to a point, said point being 275.98 feet Easterly of the Northeast corner of Lot 2, Block 61 N, of said A. L. KNOWLTON'S MAP OF MIAMI, as measured along said Easterly extension oF the Southerly Right -of -Way boundary of said N. E. 6th STREET (formerlykno:,in as 6th STREET); thence run North 75°46' 00.7" West along the Northerly Right -of -Way boundary of said PORT BOULEVARD a distance of 187.72 Feet to the point of intersection with the Easterly Right -of -Way boundary of BISCAYNE BOULEVARD, said Easterly Right -of -Way boundary oF BISCAYNE BOULEVARD being parallel to and 53 feet Easterly of, as measured at right angles to, the Easterly Right - of -Way boundary oF said BISCAYNE DRIVE; thence run North 16° 1 E' 25" West along the Easterly Right -of -Way boundary of said BISCAYNE BOULEVARD a distance of 346.14 feet to a point of deflection; thence run North 01' 57'43" West along said Easterly Right -of -Way boundary of BISCAYNE BOULE- VARD a distance of 319.22 feet to a point of deflection; thence run North 00°04'29" East along said Easterly Right -of -Way boundary of BIS- CAYNE BOULEVARD a distance of 376.84 feet to the Point of Beginning. LESS AND EXCEPTING THEREFROM the following described Tract of Land; Commence at the Point of intersection of the Easterly extension of the Center line oF 3rd STREET (now known as N. E. 9th STREET) as shown on A, L. KNOWLTON'S MAP OF MIAMI, according to the Plat thereof recorded in Plat Book "B" at Page 41 of the Public Records of Dade County, Florida with the Easterly Right -of -Way boundary of BISCAYNE BOULEVARD, said t.ast:erly Right -of -Way boundary of BISCAYNE BOULEVARD being parallel to and 53 feet Easterly of, as measured at right angles to, the Easterly Right- oF-Way boundary of BISCAYNE DRIVE as shown on said A. L. KNOWLTON'S MAP OF MIAMI; thence run South 89°57'43" East along said Easterly ex- tension of the Center line of said N. E. 9th STREET (formerly known as 3rd STREET) a distance of 1354.80 feet: to the point of intersect:on with the. BULKHEAD LINE as shown on REVISED PLAT OF SHEET 3 - METROPOL- ITAN DADE COUNTY, FLORIDA, BULKHEAD LINE - PART THREE, according to the Plat thereof recorded in Plat Book 74 at Page 18 of the Public Records of Dade County, Florida; thenc? run South 00°17'33" West along said BULKHEAD LINE a distance of 1073.50 feet to the point of intersection with the Easterly extension oF the Southerly Right -of -Way boundary of 6th SIR ET (na.•, kno,.rn as N. E. 6th STREET) as sho'.•in on said A. L I;.lcr,•!!_T':C J' MAP C;' t' I .;Ii I , thence rim north' ' 55" +,h 5 r t(�n:1 the 1 <,st dry i described line, being also along the Northerly Right -of -Way boundary Of PORT BOULEVARD a distance of 605,75 feet to the Point of Beginning of the Tract of land hereinafter to be described; thence continue on the last described course a distance of 149.37 feet to the point of intersection with a line that is parallel to and 15.00 feet South- westerly oF, as measured at right angles to, the Center line eof Flor- ida East Coast Railway Company ' s Tract No. 1 81 (S p►erag Dodge Island Seaport); thence run North 70'58'03" West along the last described line a distance of 495.97 Feet to the Point of curvature of a curve concave to the Southwest and having a radius of 476.31 feet; thence run Northwesterly along the arc of said curve, being concentric to and 15.00 feet SouthJesterly of, the center line of said Railway s Tract No. 181, through a central angle of 07°02'06" a distance of 58.48 feet to the point of intersection with the Easterly Right -of -Way bound- dary of said BISCAYNE BOULEVARD, said point of intersection bearing North 1 1 °59' 51 " East from the center of said curve; thence run North 16°14'25" West along said Easterly Right -of -Way boundary of BISCAYNE BOULEVARD a distance oF 33.76 feet to the point of intersection with the arc of a curve concave to the Southwest and having a radius of 506.31 feet, said point oF intersection bearing North 10"11'21.5" East from the center of said curve; thence run Southeasterly along the arc of said curve being concentric to and 15.00 feet Northeasterly of the center line of said Railway's Tract No. 181, through a central angle of 8°50'35.5" a distance of 78.15 feet to the point of Tangency; thence run South 70°58'03" East along a line that is parallel to and 15.00 feet Northeasterly of, as measured at right angles to, the center line of said Rai lt•way's Track No. 181, a distance of 525.58 feet to the point of curvature of a curve concave to the Northeast and having for its elements a radius of342.27 feet and a central angle of 19°01'52"; thence run Southeasterly along the arc of said curve a distance of 113.69 feet to the point of tangency, being also the Point of Beginning. ALL OF THE FOREGOING, containing 1,403,395 square feet, more or less, or 32.2175 Acres, more or less. ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrict- ions, reservations or easements of record. The foregoing Legal Description is based on information appearing on a SKETCH OF SURVEY prepared by Biscayne Engineering Company, Miami, Florida, dated August 1975, last revisea December 1975 and bearing File No. CG-704. Order No. 52081 For: City of Miami Date: January 6, 1976 BISCAYNE ENGINEERING COMPANY By Yvon Le Caer Registered Surveyor #2473 STATE OF FLORIDA V. Pres. r Y AN ORDER OF TAKING PR TO A TRIAL AS TO t�IEA : iun j COMPENSATION AND PURSUANT' PO CHAPTER 74 OF I27/�t/ THE STATUTES OF FLORIDA RESOLUTION NO. A RESOLUTION FINDING AND DETERMINING THE PUBLIC NEED AND NECESSITY FOR ACQUIRIN(PTHE FEE SIMPLE TITLE TO CERTAIN PROPERTY DESCRIBED HEREIN TO BE USED FOR PU- BLIC PARK AND RECREATIONAL PURPOSES FOR THE NEW WORLD CENTER BICENTENNIAL PARK AND DIRECTING THE CITY LAW DEPARTMENT TO INSTITUTE AND PROSECUTE TO A CONCLUSION ALL OF THE NECESSARY LEGAL ACTIONS TO ACQUIRE THE FEE SIMPLE TITLE TO THIS PROPERTY. WHEREAS, the City of Miami is empowered by its Charter hd the Laws of the State of Florida to acquire in fee simple `by condemnation or otherwise property real or personal, and any estate or interest therein, for any of the purposes of the City; and WIiEREAS, the City Commission makes and determines the findings hereinafter set forth: WHEREAS, it is the duty of public officials to look to the future and plan for the future; and WHEREAS, it is likewise the duty of the City Commission to plan not only for the present but the forseable future; and WHEREAS, by referendum election held on March 14, 1972 the citizens of the City of Miami voted affirmatively to autho- rize the City to issue and sell $39,890,000.00 of City of Miami Bonds for the purpose of acquiring land for and the development f new and existing City parks; and WHEREAS, as appears on Attachment No. 2 hereto, the pro- :petty which is described on Attachment No. 1 hereto, was de- signated as needed and intended for acquisition to be developed for public park and recreational purposes through the use of said Bond sale proceeds; and WHEREAS, the City Commission finds that the acquisition f the fee simple title in and to property described in Attach- ment No. 1 is necessary for public park and recreational pur- poses for the New World Center Bicentennial Park; and WHEREAS, the property described in Attachment No. 1 con- tains an accurate legal description of the property to be thus