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HomeMy WebLinkAboutR-76-0275RFC/rb 3/4/76 RESOLUTION NO. 76-275 A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY ATTORNEY TO PROCEED WITH THE DECLARATION OF TAKING TO ACQUIRE AS SOON AS LEGALLY POSSIBLE THE FEE SIMPLE INTEREST IN THE FOLLOWING PARCELS OF FLORIDA EAST COAST RAIL- WAY COMPANY PROPERTY AS DESCRIBED BY THE COURT IN THE CASE OF THE CITY OF MIAMI VS. FLORIDA EAST COAST RAILWAY COMPANY, CASE NO. 71-17071 (KEHOE); "PARCEL #1 IN THE SOUTHWEST CORNER OF THE PROPERTY LEASED TO STANDARD OIL CO.; PARCEL #3 IN THE CENTER OF THE PROPERTY LEASED TO HOLIDAY INNS OF AMERICA, INC.; PARCEL #4 NEAR THE NORTH END OF THE rtDOCUMENT PROPERTY LEASED TO AMERICAN OIL CO.; AND A PARCEL IN THE NORTHWEST COR- ITEM I\!f) NER OF THE PROPERTY DESIGNATED ON THE EXHIBIT AS PARCELS 5 AND 6, FRONTING 125' ALONG BISCAYNE BOULEVARD AND EXTENDING EASTWARD 100'.", AND WHICH HAS BEEN FURTHER DESCRIBED IN THE TWO -PAGE LEGAL DESCRIPTION PREPARED BY THE BISCAYNE ENGINEERING COMPANY UNDER DATE OF JANUARY 6, 1976, ATTACHED HERETO; FURTHER AUTHOR- IZING AND DIRECTING THE CITY MANAGER TO SEE TO. IT THAT PAYMENT IS MADE INTO THE INDEX CITY COMMISSION MEETING OF MAR 4 P oI.unoN no 76 -.2. Kam.,.,,. 7• REGISTRY OF THE COURT FOR THE ACQUISITION OF THE FEE SIMPLE INTEREST IN THE AFORESAID PROPERTY OF THE AMOUNT SPECIFIED BY THE COURT IN ITS ORDER OF TAKING IMMEDIATELY UPON THE ENTRY OF SUCH ORDER OF' TAKING; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO BEGIN CONSTRUCTION OF THE EXPANSION OF BICENTENNIAL PARK IN THE AFORESAID PROPERTY IMMEDIATELY UPON THE TAKING OF TITLE TO SAID PROPERTY BY THE CITY OF MIAMI. WHEREAS, in the eminent domain proceeding in the Circuit Court styled City of Miamivs. Florida East Coast Railway Company, Case No. 71-17071 (Kehoe), an amended eminent domain petition has been filed pursuant to an order previously entered by the Circuit Court in this case; and WHEREAS, the Commission of the City of Miami hereby reaffirms the public necessity of acquiring the property described in the aforementioned amended eminent domain peti- tion, filed January 23, 1976, for the public purpose of park expansion; and WHEREAS, the Commission of the City of Miami hereby reaffirmsthe public necessity of acquiring, as soon as it is legally possible by a declaration of taking procedure for the public purpose of park expansion,the parcels of property owned by the Florida East Coast Railway Company which the court has already authorized the City of Miami to acquire by condemna- tion; such parcels being identified by the court as follows: -2- n "Parcel #1 in the southwest corner of the property leased to Standard Oil Co.; Parcel #3 ih the center of the property leased to Holiday Inns of America, Inc,; Parcel #4, near the north end of the property leased to American Oil Co.; and a parcel in the northwest corner of the property designated on the exhibit as Parcels 5 and 6, fronting 125' along Biscayne Boulevard and extending eastward 100'." Stich parcels being further identified by the legal description set forth in the two -page Legal Description prepared by the Biscayne Engineering Company under date of January 6, 1976, copy of which is attached hereto and made a part hereof, and WHEREAS, a prior hearing on a declaration of taking previously filed to acquire the aforementioned parcels of property was cancelled or postponed by the court because of the order by the court dismissing a previous petition in eminent domain filed on behalf of the City of Miami and giving leave to the City to file an amended petition; and WHEREAS, the amended petition having been filed, it is now in order to proceed with a declaration of taking on the par- cels of the aforesaid Florida East Coast Railway Company property which the City has a right to acquire at this time; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney of the City of Miami is hereby authorized and directed to proceed with the Declara- tion of Taking to acquire as soon as legally possible the fee simple interest in the parcels of Florida East Coast Railway Company property previously described by the court in the case of City of Miami v. Florida East Coast Railway Company, case No. 71-17071 (Kehoe), as follows: -3- "parcel #1 in the southwest corner of the property leased to Standard Oil Co.; Parcel #3 in the center of the property leased to Holiday Inns of America, Inc.; Parcel #4, near the north end of the property leased to American Oil Co.; and a parcel in the northwest corner of the property designated on the exhibit as Parcels 5 and 6, fronting 125' along Biscayne Boulevard and extending eastward 100'." and further described in the two -page Legal Description prepared by the Biscayne Engineering Company under date of January 6, 1976, copy of which is attached hereto and made a part hereof. Section 2. The City Manager is authorized and directed to see to it that payment is made into the registry of the court for the acquisition of the fee simply interest in the above - described property of the amount specified by the court in its Order of Taking immediately upon the entry of.such Order of Taking. Section 3. The City Manager is hereby authorized and directed to begin construction of the expansion of Bicentennial Park in the above -described parcels of property immediately upon the taking of title to the said property by the City of Miami. PASSED AND ADOPTED this 4 day of MARCH 1976. MAURICE A, FERRE MAYOR CITY CLERK PREPARED AND APPROVED BY: /6-41-0( (?ad( Robert F. Clark Assistant City Attorney AP OVED-,AS TO FORM AND CORRECTNESS; ' jel fohn S. Lloy - City A - orney LEGAL DESCRIPTION AT FLORIDA EAST COAST RAILWAY MID = 0 PPOPEPTY MIAMI, FL ' u 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, Tc:rnsh i ps 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 r:ore 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 sho..n 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 e 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 following described Tract of Lard: 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 shorn 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 -':,ay 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 intersection with the BULKHEAD LINE as shoran on REVISED PLAT OF SHEET 3 - ►'ETRO?0L- ITAN DADE COUNTY, FLORIDA, BULKHEAD LINE - PART THREE, according to the Play thereof recorded in Plat Book 74 at Page 18 of the Public Recoras of Dade County, Florida; thence run South 00° i 7' 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 k, L, KNOWLTON'S MAP OF MIAMI; thence run North 89°59' 55" West along the last d '",.r lu..v line, oe!fii a1's':. along the Northerly R i 3•'tt'oF -i/?y boundary of PORT BOUL=iri-i:'3 a d i stenC� Oi 7 : i e31: to the Po i n r of Beginning ar` the Tract of land hereinafter 3 be described; thence continue on the last described coJrs-' 2 dis of 14937 feet to the point of intersection with a 1 i ri- that is :aral l ei toan:.1 15.00 i eet South- iesterl v�- _th __ or, as ..�s'.r::� at ri�`�~ angles to, �;,e Center line of Flor- ida East Coast P, i i,i y Corp-an`i ''s Tract No Zvi (S,)Jr !rack serving Dodo Island Sea oor t) : thence run North th 70'5Z' "J.3 `t 'ri es i. along the last described line a di s wa'ce of L95.97 Feet to the Point of curvature oF a curve concave to the Southwest and having a radius of 476.31 Fee`; thence run North.;ester 1y along the arc oF said curve, being concentric to and 15.00 feet Southwesterly o', the center Tine of said Rai 1`iay's Tract No. 181 , through a central angle of 07'O2' 06" a distance of 58.48 feet to the point or intersection with the Easterly Right -of -Way bound- dart' of said 3ISC4YNE BOULEVARD, said ooint of intersection blaring North 1 5 ' 51 " East From the center of said curve; thence run North 16'14'25" ';lest ..ic d said Easteriy St-oF-..it boundary of BISC AYNE BOULEVARD a distance of 33.?5 feat 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 Rai lway'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 1way's Track No. 181, a distance of 525.53 feet to the point oF curvature of a curve concave to the Northeast and having for its elements a rad i .:s of 342.27 Feet and a central angle of ] 9 01' 52t'; thence _the3 s run SO:: t��e?StBr! ! c •'r).^.7 arc of said curve a distance C+ 11 .O feet to the po n _ of tan; ncy, being also the Point of Beginning. tJ...L GE 3D i' �, containing ;,4C3 .355 square feet, more or less, cr 32.2175 t-cr ems, 73-e cr ....s. ALL G= T-= F03EGOiG S!.3JECT TO any dedications, limitations, restric 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 Fi le No. CG-70' Order No. 5208: For: City of Cate: JinLiary 5, '975 TT _ r C/.-veyor 1 /E' OR i !;.. =2+;73 . Pres.