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HomeMy Public PortalAbout15-9063 DOMAIN PROCEEDINGS ON BEHALF OF OPA-LOCKA TO SECURE EASEMENTS ON THE CAIRO LANE PROPERTY Sponsored by: City Manager RESOLUTION NO. 15-9063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC TO INITIATE EMINENT DOMAIN PROCEEDINGS ON BEHALF OF THE CITY OF OPA-LOCKA TO SECURE EASEMENTS ON THE CAIRO LANE PROPERTY, WHICH IS NECESSARY FOR A PUBLIC UTILITY PURPOSE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Opa-locka, Florida is in need of easements across the property known as Cairo Lane, ("the Property") for the purpose of the installation of waste water, storm water and drinking water lines. The legal description of the five easements are attached as Exhibit "A" and incorporated by reference hereto; and WHEREAS, the owners of the Property have repeatedly denied the City of Opa-locka the use of the property for the required easements; and WHEREAS, without the Property owners' consent of use, in order for the City of Opa-locka to have use and access of the easements, it must initiate a "taking" of the easement portions of the Properties under an eminent domain proceeding; and WHEREAS, a certified appraisal of the Properties in question is necessary to initiate the eminent domain proceedings. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The Brown Law Group, LLC is hereby authorized to initiate eminent domain proceedings in order to secure the easements on the Property, as required. Resolution No. 15-9063 Section 3. The Brown Law Group, LLC is directed to identify three (3) State certified appraisal companies to provide the appraisal for the Properties and to select the company among the three choices that will provide the appraisal at the lowest cost, by 2015. Section 4. The City Manager is hereby authorized to execute all documents necessary to effectuate and consummate the approval of the chosen certified appraisal company. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9t" day of September, 2015. Lyra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Jo.1 a Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER PINDER Commissioner Vote: 4-1 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: NO Mayor Taylor: YES EXHIBIT "A" PAGE 19� UTILITY EASEMENT SURVEYOR'S NOTES: 1. This is not a Boundary Survey. Present legal description is not base on a field survey. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Completion date: 06.22.2015 LEGEND: 1. SEC. denotes Section. 2. P08 denotes Point of Beginning 3. POC denotes Point of Commencement. 4. R/W denotes Right of Way 6. ESMT. denotes Easement 7. ORB. denotes Official Record Book 8. PB denotes Plat Book 9. PG denotes Page 10.MDPR denotes Miami—Dade Public Records SURVEYOR'S CERTICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.051, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Land Survey. ,' --- 'f ( "Fernan to Fernandez Professional Surveyor and Mapper License LS 8765, Florida 1397 W 63th St. Hialeah, FL. 33012 PAGE 1 OF 3 (305) 303-9083 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. ?5210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 FELIX ISRAEL RODRIGUEZ 954.237.7850 12765 CAIRO LANE OPA—LOCKA FL.33054 PDSOPDS—ENG.COM LB 8017 (THIS PAGE IS NOT VALID WITHOUT THE OTHER) EXHIBIT "A" PAGE 20 UTILITY EASEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION An strip of land 10.00 feet in width being a portion of "NILE GARDEN SECTION 1", according to the plat thereof as recorded in Plot Soak 31 at Page 42 of the Public Records of Miami—Dade County, State of Florida and being more particularly described as follows: The West 10.00 feet of the North Lot 14 Block 304. Having an area of 800 square feet and lying in the city of Opa—Locka, Miami—Dade County, State of Florida. PAGE 2 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2Q75 f 2900 GLADES CIRCLE, SUITE 700 U TILL TY EASEMENT WESTON. FL 33327 FELIX ISRAEL RODRIGUEZ 954.237.7850 12765 CAIRO LANE OPA—LOCKA FL.33054 POSCIPDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) f PAGE 21" EXHIBIT "A" UTILITY EASEMENT (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) ® 1 II J - - 1 I S A C 40 1 OR8 18577-3637 9 FOLIO. ea-2128-03 Oslo Z / 1C o I 30' it) SCALE: 1"=4Q' 17Z CII roTALRA kr) N o 1 d szt.w 6. .... ..2........ ... ^ ----� aQ c� C.) " o � m ■ 1 a z 4 1 U 1 $ OR 28805-3777 Faun: O8-2128-00a-0511 1 1 N I a a PAGE 3 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE SUITE 700 UTILITY EASEMENT WESTO FL 33327 FELIX ISRAEL RODRIGUEZ 954..237.7$50 12765 CAIRO LANE OPA-LOCKA FL.33054 POSOPDS-ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) EXHIBI T "A" PAGE 16� UTILITY EASEMENT SURVEYOR'S NOTES: 1. This is not a Boundary Survey. Present legal description is not base on a field survey. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Completion date: 06.22.2015 LEGEND: 1. SEC. denotes Section. 2. POB denotes Point of Beginning 3. POC denotes Point of Commencement. 4. R/W denotes Right of Way 6. ESMT. denotes Easement 7. ORB. denotes Official Record Book 8. PB denotes Plat Book 9. PG denotes Page 10.MDPR denotes Miami—Dade Public Records SURVEYOR'S CERTICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.051, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Land Survey. A .—� Fernando Fernandez Professional Surveyor and Mapper `License LS 6765, Florida 1397 W 63th St. Hialeah, FL. 33012 PAGE 1 OF 3 (305) 303-9083 PROJECT No: DRAWN DATE: CHECKED: FE SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 U TI LI TY EASEMEN T WESTON, FL 33327 JANE ELIZABETH POWERS 954.237.7850 PDSCPDS—ENG.COM - LB 8017 (THIS PAGE IS NOT VALID WITHOUT THE OTHER) EXHIBIT "A" PAGE 17 UTILITY EASEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION An strip of land 10.00 feet in width being a portion of "NILE GARDEN SECTION 1", according to the plat thereof as recorded in Plat Book 31 at Page 42 of the Public Records of Miami—Dade County, State of Florida and being more particularly described as follows: The West 10.00 feet of Lot 13 Block 304. Having an area of 1600 square feet and lying in the city of Opa—Locka, Miami—Dade County, State of Florida. PAGE 2 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLEE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 JANE ELIZABETH POWERS 954.237.7850 PDSOPDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) f EXHIBIT "A" PAGE 18 1 UTILITY EA SEMEN T (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) I I 1 ► 1 I 1 I I 1 0 4 r::, o go $. crl N I A Nt_W o �d W I $ I� © : 4 ° t 1 1 1 m i� SCALE: 1"=40' -cc ita I I I I 1 ro — ...--- mom — —1 0 I I o PAGE 3 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 U TILL T EASEMENT WESTON, FL 33327 JANE ELIZABETH POWERS 954.237.7850 POS@PDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) EXHIBIT "A" PAGE 13 UTILITY EASEMENT SURVEYOR'S NOTES: 1. This is not a Boundary Survey. Present legal description is not base on a field survey. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Completion date: 06.22.2015 L GEND: 1. SEC. denotes Section. 2. POB denotes Point of Beginning 3. POC denotes Point of Commencement. 4. R/W denotes Right of Way 6. ESMT. denotes Easement 7. ORB. denotes Official Record Book 8. PB denotes Plat Book 9. PG denotes Page 10.MDPR denotes Miami—Dade Public Records SURVEYOR'S CERTICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.051, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Land Survey. f Fernando Fernandez Professionoi Surveyor and Mapper License LS 6765, Fordo 1397 W 63th St. Hialeah, FL. 33012 PAGE 1 OF 3 (305) 303-9083 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLD TIONS INC. 15210009 0622.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 PRAETORIAN OF OPA LOCKA LLC 954.237.7850 PDSt PDS—ENG.COM L8 8017 (THIS PAGE tS NOT VALID WITHOUT THE OTHER) EXHIBIT "A" PAGE 14 UTILITY EASEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION An strip of land 10.00 feet in width being a portion of "NILE GARDEN SECTION 1", according to the plat thereof as recorded in Plat Book 31 at Page 42 of the Public Records of Miami—Dade County, State of Florida and being more particularly described as follows: The West 10.00 feet of Lot 12 Block 304. Having on area of 1600 square feet and lying in the city of Opo—Locka, Miami—Dade County, State of Florida. PAGE 2 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT YYESTON, FL 33327 PRAETORIAN OF OPA LOCKA LLC 954.237.7650 PDSOPDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT 7NE OTHER) r- PAGE 15� EXHIBIT "A" UTILITY EASEMENT {SKETCH TO ACCOMPANY LEGAL DESCRIPTION) I . 1 1...\Q 1 0 J .... .....z... ..... . . ..... 1 1 I i i .-- Z Et I S5 ° o WTorte WW 1 `r' CI cl- 8 a ° N SCALE: 1"=40' ct m iAi 61 t8 za U I I i i i t ..„ 10' - - � r I C) i 1 1 PAGE 3 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 PRAETORIAN OF OPA LOCKA LLC 954.237.7850 PDSOPDS--ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) J EXHIBIT "A" PAGE 7 UTILITY EASEMENT SURVEYOR'S NOTES: 1 . This is not a Boundary Survey. Present legal description is not base on a field survey. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Completion date: 06.22.2015 LEGEND:_ 1. SEC. denotes Section. 2. POB denotes Point of Beginning 3. POC denotes Point of Commencement. 4. R/W denotes Right of Way 6. ESMT. denotes Easement 7. ORB. denotes Official Record Book 8. PB denotes Plat Book 9. PG denotes Page 10.MDPR denotes Miami—Dade Public Records SURVEYOR'S CERTICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.051, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Land Survey. k A Fernando Fernandez Professional Surveyor and Mapper License LS 6765, Florida 1397 W 63th St. Hialeah, FL. 33012 PAGE 1 OF 3 (305) 303-9083 PROJECT No: DRAWN DATE: CHECKED: FT SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 08.22.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 JDL UNLIMITED INVESTMENTS INC 954.237.7850 13205 CAIRO LANE, OPA—LOCKA, FL.33054 PDSOPDS—ENG.COM LB 8017 (THIS PAGE IS NOT VALID WITHOUT THE OTHER) PAGE 8 EXHIBIT "A" UTILITY EASEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION An strip of land 10.00 feet in width being a portion of "NILE GARDEN SECTION 1", according to the plat thereof as recorded in Plat Book 31 at Page 42 of the Public Records of Miami—Dade County, State of Florida and being more particularly described as follows: The West 10.00 feet of the South 128 feet of Lot 6 and the West 10.00 feet of North 16.00 feet of Lot 7 Block 304. Having an area of 1440 square feet and lying in the city of Opa--Locks, Miami—Dade County, State of Florida. PAGE 2 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE. SUITE 700 UTILITY EASEMENT WESTON, FL 33327 954.237.7850 JDL UNLIMITED INVESTMENTS INC POSaPDS-ENG.COM 13205 CAIRO LANE, OPA-LOCKA, FL.33054 (THIS PAGE IS NOT VALID WITHOUT THE OTHER) PAGE 9 EXHIBIT "A" UTILITY EASEMENT (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) o 1 I o I I 15 .,■olial■ .■ ' '' ..". ."""i 17: '''' ."" ••■••••140 .... J I I .........j■ .. HI II 0 Q 0 0 w roT env SCALE: 7"=40' W 1 CI � o� z r 651 1 Ch o J Q Et I V I I I 1 i E J v ' ' ... •.I am 7 c 10' 12 — .. / I o I I I 1 o PAGE 3 OF 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 JDL UNLIMITED INVESTMENTS INC 954.237.7850 13205 CAIRO LANE, OPA—LOCK A, FL.33054 PDS@PDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) a • EXHIBIT "A" PAGE 4 UTILITY EASEMENT SURVEYOR'S NOTES: 1. This is not a Boundary Survey. Present legal description is not base on a field survey. 2. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 3. Completion date: 06.22.2015 1. SEC. denotes Section. 2. POB denotes Point of Beginning 3. P0C denotes Point of Commencement. 4. R/W denotes Right of Way 6. ESMT. denotes Easement 7. ORB. denotes Official Record Book 8. PB denotes Plat Book 9. PG denotes Page 10.MDPR denotes Miami—Dade Public Records SURVEYOR'S CERTICATE: I HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described hereon was made under my supervision and that the LEGAL AND SKETCH meets the Minimum Technical Standards set forth by the Florida Board of Professional Land Surveyors and Mappers in Chapter 5J-17.051, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. And, that the Sketch hereon is true and correct to the best of my knowledge and belief. Subject to notes and notations shown hereon. This Sketch does not represent a Land Survey. f� Fernando Fernandez Professional Surveyor and Mapper License LS 6765, Florida 1397 W 63th St. Hialeah, FL. 33012 PAGE 1 OF 3 (305) 303-9083 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06.22.2015 2900 GLADES CIRCLE, SUITE 700 UTILITY EASEMENT WESTON, FL 33327 WALCAR INVESTMENTS LLC 954.237.7850 13215 CAIRO LANE, OPA—LOCKA, FL33054 PDS@'DS—ENG.COM LB 8017 (THIS PAGE IS NOT VALID WITHOUT THE OTHER) r ( EXHIBIT "A" PAGE 5 UTILITY EASEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION An strip of land 10.00 feet in width being a portion of "NILE GARDEN SECTION 1", according to the plat thereof as recorded in Plot Book 31 at Page 42 of the Public Records of Miami—Dade County, State of Florida and being more particularly described as follows: The West 10.00 feet of Lot 5 and the West 10.00 of the North 32.00 feet of Lot 6 Block 304 Having an area of 1920 square feet and lying in the city of Opa—Locka, Miami—Dade County, State of Florida. PAGE 2 of 3 PROJECT No: DRAWN DATE: CHECKED: FF SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 106.22.2015 2900 GLADES CIRCLE, SUITE 700 U TILT TY EASEMENT WESTON, FL 33327 WALCAR INVESTMENTS LLC 954.237.7850 13215 CAIRO LANE, OPA—LOCKA, FL.33054 PDSOPDS—ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER) EXHIBIT "A" PAGE 6 UTILITY EASEMENT (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) • I 0 0 J _. J ...a r M. us I I l 17 30' I O 0 rote RAY U o e * no "� . b n i LA ZS k1 U a w c:2, ° r 1 1 �61 lei SCALE: 1"=40' l V 1 i l Li I I l tr1.MV y O J II to. r.�-- O r IF PAGE 3 OF 3 PROJECT No: DRAWN DATE: CHECKED: f F SCALE: AS NOTED PREMIERE DESIGN SOLUTIONS INC. 15210009 06,22.2015 2900 GLADES CIRCLE. SUITE 700 UTILITY EASEMENT WESTON, FL 33327 WALCAR INVESTMENTS LLC 954.237.7850 13215 CAIRO LANE OPA-LOCKA, FL.33054 PDSOPOS--ENG.COM (THIS PAGE IS NOT VALID WITHOUT THE OTHER)