Loading...
HomeMy WebLinkAboutR-77-0723RESOLUTION NO.7 3 •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 CHAPTERS 73 and 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 Charter and 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 WHEREAS, 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 foreseeable future; and WHEREAS, by referendum election held on March 14, 1972 the citizens of the City of Miami voted affirmatively to authorize 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 of new and existing City parks; and WHEREAS, the property which is described on Attachment No. 1 hereto, was designated 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 of fee simple title in and to property described in Attachment No. 1 is necessary for public park and recreational purposes for the construction of the extension of 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 "DOCUMENT; , INDEX ITEM ft CITY COMMISSION MEETING OF SEP 8 1977 UTton NO ...� . , 3 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 adjacent 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 adjacent thereto already owned by the City of Miami; and WHEREAS, the City Commission finds that as soon as the subject property is acquired the City will be ready to begin construc- tion of the extension of the New World Center Bicentennial Park; and WHEREAS, it is necessary that appropriate steps to acquire the property described in Attachment No. 1 be taken so that said property may be made ready to accomodate the public need for the additional park facility; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings hereinabove set forth are ratified, adopted and by reference thereto incorporated herein. Section 2. It is hereby determined and found necessary for a public purpose in order to provide for the construction of the extension of the New World Center Bicentennial Park that the property described in Attachment No. 1 hereto be acquired in fee simple by gift, purchase, or condemnation by securing an Order of Taking prior to a trial as to compensation and pursuant to Chapters 73 and 74 of the Statutes of Florida. Said Attachment No. 1 is hereby incorpor- ated by reference and made a part hereof as fully as if 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, utilizing 77-7':N3 any and all statutes of the State of Florida applicable 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. ATTE PASSED AND ADOPTED this 8TH day of SEPTEMBER CITY CLERK PREPARED AND APPROVED BY: • MICHEL E. ANDERSON, ASSISTANT CITY ATTORNEY AP•'OV D AS TO FORM AND CORRECTNESS: GE F. KNOX, JR. TY ATTORNEY MAURICE A. FERRE MAYO R ,1977. • 1 LEGAL DESCRIPTION AT " TTACHMENT NO. 1 FLORIDA EAST COAST RAILWAY ANb 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 (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 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 (formerlyknown 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°14'25" 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 fol 1 owi nnq dges.ri aed T atct c�o -and±ut in- cluding a1 air rights to said tract begin in of rail: 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 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 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 3rJ STREET) a distance of 1354.80 feet to the point of intersection 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; 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 on said A. L. KNOWLTON'S MAP OF MIAMI; thence run North 89°59'55" West along the last Aymkt 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 of Flor- ida East Coast Railway Company's Tract No. 181 (Spur Track serving 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 Southwesterly 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 11°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 Railway's Track No. 181, a distance of 525.58feet 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. 2.2175 Acre ore or leas. plus air rights over the excepted parcel Wf1 contains ite,414 square tdet, more or less, or .042 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 revised December 1975 and bearing File No. CG-704. M'7'7•723 1 CITY (.)F Mt h4 ._ INTER -OFFICE MEMORANDUM Hotiotable Members of the City Commission eorg . Knox, Jr. City torney DATE Septefbet 7, 1977 EEC Condemnation Resoltitiohs Resolutions (2) Resolution No. 77-630, passed and adopted by the Commission on the 28th day of July, 1977, authorized the City to enter into an eminent domain action against the FEC Railway Company, et al. Said resolution was prepared by this department in conjunction with counsel who will have no responsibility for this condemnation action. The City Commission has selected the law firm of Frates Floyd Pearson Stewart Richman & Greer to represent the City in this condemnation action; said attorneys have determined that they should prepare the resolution authorizing the condemnation. As a result, we are attaching two resolutions; the first rescinds Resolution No. 77-630 and the second authorizes the condemnation by a quick take proceeding. GFK:MEA:bk Encls.