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
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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
•
•
•
•
•
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•
'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