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HomeMy Public PortalAbout1998-53 Property purchase, Ocean Drive North east sideRESOLUTION NO. 98-53 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING THE ACQUISITION OF A CERTAIN 2.0002± ACRE PARCEL OF PROPERTY IMPROVED BY A PARKING LOT LOCATED AT THE EAST SIDE OF OCEAN DRIVE NORTH OF THEORETICAL EAST ENID DRIVE, IN THE VILLAGE OF KEY BISCAYNE, FLORIDA, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS; AND AUTHORIZE THE FILING OF EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne, Florida (the "Village"), is presently planning for the development of a municipal park to be used for the benefit of residents of the Village; and WHEREAS, the Village Manager has determined the need for acquisition of that certain 2.0002+ acre parcel of land located at the east side of Ocean Drive, north of theoretical East Enid Drive, within the municipal limits of the Village, as described on Exhibit "1" attached hereto (the "Property") for use and development as a municipal park to be used for the benefit of residents of the Village, and has recommended the acquisition by the Village of such Property, for such purposes; and WHEREAS, the Village Council has determined the location for the municipal park and has determined that the specific real property required and needed for the municipal park project includes the Property described on Exhibit "1" attached hereto and incorporated herein by reference; and WHEREAS, funds are available for the acquisition of the Property; and WHEREAS, the Village Council finds that the acquisition of the fee simple title to the Property is for a public purpose, to wit: a municipal park for the benefit of residents of the Village, and is essential to the accomplishment of the municipal park project; and as such, constitutes a public necessity and is necessary and essential to the best interest of the Village; and WHEREAS, in order to accomplish the acquisition of the Property it is necessary for the Village Manager and the Village Attorney to take legal action and to employ real estate appraisers and other experts. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. the foregoing recitals. Section 2. That the Village Attorney is hereby authorized and directed to employ appraisers for the purpose of securing appraisals of the value of the Property described in Exhibit "1", for the purpose of acquiring the fee simple title to such Property, and providing expert testimony as may be required for such purposes. Section 3. That the Village Attorney is hereby authorized and directed to proceed to take the necessary steps for the Village to acquire in its own name by donation, purchase or eminent domain proceedings, the fee simple title to the Property, and to have prepared in the name of the Village, all papers, pleadings and other instruments required for that purpose, and to see that all eminent domain proceedings are prosecuted to judgment. Section 4. That the Village Manager and the Village Attorney are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes hereinabove directed. Section 5. That the Village Council adopts and ratifies each of those matters set forth in That the Property described in Exhibit "1" is to be used for the following public purpose: municipal park purposes to be used for the benefit of residents of the Village of Key Biscayne, Florida. Section 6. That this Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 13th day of October, 1998. F. FESTA, MAYOR ATTEST: 4,./ h/e' CHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFF RIC AR WEISSVILLAGE ATTORNEY 103028\resolution declaring acquisition of lot with Exhibit LEGAL DESCRIPTION Legal Description of that portion of the Ocean Club Village Pork Parcel subject to covenant in Special Warranty Deed from Forrand Corp. to Investors Diversified Services, Inc. dated June 1, 1955 (Clerk's File No. EE 86855, Dade County, Florida) A portion of Tract "G" FIRST ADDITION TO BISCAYNE KEY ESTATES as recorded in Plat Book 53 at Page 19 of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the Northwest Corner of said Tract "G" said point being on the East right of way line of Ocean Drive; thence S 01'47'53" E along said East right of way line of Ocean Drive for 194.99 feet to a point of curvature; thence Southerly and Easterly along a 88.62 foot radius curve leading to the left through a central angle of 88'47'07" for on arc distance of 137.32 feet to a point of tangency; thence N 89'25'00" E for 591.19 to a point on the East line of Said Tract "G"; thence N 06'02'25" W along said East line of Tract "G" for 105.98 feet; thence departing said East line of Tract "G" S 89'25'00" W for 570.08 feet; thence N 01'47'54" W for 176.21 feet to a point on the North line of said Tract "G"; thence S 89'25'37" W along said North line of Tract "G" for 100.02 feet to the POINT OF BEGINNING. LESS AND EXCEPT That portion thereof lying within the South 1100 feet of said Tract "G" FIRST ADDITION TO BISCAYNE KEY ESTATES as recorded in Plat Book 53 at Page 19 of the Public Records of Dade County. Florida. SURVEYOR'S NOTES: — This site lies in Section 4 and 5, Township 55 South, Range 42 East, Village of Key Biscayne, Miami —Dade County, Florida. — Bearings hereon ore referred to on assumed value of S 89'25'37" W for the North line of Tract "G". — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — Lands shown hereon are located in Federal Flood Zone AE (El. 8') per Community Panel No. 120648 0281 J, Dated March 02, 1994. — Lands shown hereon containing 17,622 square feet, or 0.404 acres, more or less. — This is not a "Land Survey" but only a graphic depiction of the description shown hereon. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on January 13, 1998 and meets the Minimum Technical Standards as set forth by the Florida Bogrd of Professional Land Surveyor in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Flori St tutes. FORTIN. LEAVY. S, By: Daniel C. Fortin, For The 7rm Professional Land Surveyor No. 2853 State of Florida THE OCEAN CLUB — VILLAGE BEACH PARK "NOT VALID UNLESS SEALErr i (brawn By PAH Cad. No. 980004 Ref. Dwg. 294F-401 `lotted: 1/16/98 2:04p J SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Ph. 653-4493 / Fax 651-7152 J Date January 13, 1998, Scale 1"=100' Job. No. 9533 Dwg. No. 196A-507-1 Sheet 1 of 3 _J c� �L W ENID DRIVE 1 J� ' 03 MOST NORTHERLY NORPOO ST CORNER OIFLOT 1.BLOCK1 PUT BOOK 117, PACE 96 120' WEST WOOD DRIVE 0 W. MASHTA DRIVE ISLAND DRIVE GALEN DRIVE SUNRISE DRIVE RUTGERS SUBDIVISION (PLAT BOOK 76, PAGE 62) T R A C T "En (PLAT BOOK 53, PAGE 19) EAST ENID DRIVE �B/L 0C�K // / // 1/ L 0 T fVj/7�'4/// (PLAT BOOK 117, PAGE 96) / EAST WOOD DRIVE (CLOSED) /F/RST ADDI TiON ,TO B/SCA YNE KEY ESTATE'S / //// //// /// /T R A C T " F" (PLAT BOOK 53, PAGE 19) N VU1 COWER OF BUT BOOK 54 RICE 19 • • THE OCEAN CLUB - VILLAGE BEACH PARK • • • • • N N N i I T E -8R/' c----- N N ='c • 'xciD EROSION CONTROL LING PER PLAT BOOK 74, -' jPAGE 26 PUBLIC RECORDS DADE COUNTY. FLORIDA /Drawn By PAH Cad. No. 980004 Ref. Dwg. 294E-401 SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beach, Florida. 33182 Ph. 853-4493 / Fax 851-7152 Date January 13, 1998 Scale 1" =100' Job. No. 9533 Dwg. No. 196A-507-1 Plotted: 1/16/98 2:04p Sheet 2 of 3 v W EAST PLAT) 00.02' . • •. '':DRIVE :PJ.Ili BOOK: :53, PAGE 19 A= 88'47'07" R-88.62' L = 137.32' POINT OF BEGINNING NORTHWEST CORNER OF TRACT "G" PLAT BOOK 53, PAGE 19 /NORTH LINE TRACT "G" PER PLAT BOOK 3, PAGE 19 S 89'25'00" W N 89'25'00" E EAST ENID DRIVE COASTAL CONSTRUCTION CONTROL I LINE PER PLAT BOOK 74, PAGE 25 PUBLIC RECORDS DADE COUNTY, FLORIDA. T R A C T "G" (PLAT BOOK 53, PAGE 19) WEST LINE OF TRACT "G" PLAT BOOK 53, PAGE 19 GRAPHIC SCALE 0 50 100 200 ( IN FEET ) 1 inch = 100 ft. THE OCEAN CLUB - VILLAGE BEACH PARK I 570.08' 0 0 F- 591.19' EAST LINE OF TRACT "G" PER PLAT BOOK 53, PAGE 19 EROSION CONTROL LINE PER PLAT BOOK 74, PAGE 26 PUBLIC RECORDS DADE COUNTY, FLORIDA. a SOUTH LINE OF TRACT "G" PLAT BOOK 53, PAGE 19 I 1Drawn By PAH Cad. No. 980004 Ref. Dwg. 294F-401 `lotted: 1/16/98 2:04p r SKETCH OF DESCRIPTION FORTIN, LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Ph. 653-4493 / Fax 651-7152 J to V Date January 13, 1998 Scale 1" =100' Job. No. 9533 Dwg. No. 196A-507-1 Sheet 3 of 3