Reso 2014-2199 - Laserfiche WebLink

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WHEREAS, the City further finds and declares that the acquisition of the fee simple interest in the parcel of land described on Exhibit A herein is necessary to comply with its Comprehensive Plan to construct municipal parks to the west of Collins Avenue; and WHEREAS, the City has caused the property described herein to be surveyed and has located its line and area of construction and intends in good faith to construct a Pedestrian Overpass Bridge on, under, over, or through the described property on Exhibit A in accordance with Section 73.021 (6), Florida Statutes; and WHEREAS, the City Commission through the process of conducting public meetings and workshops, has carefully considered various factors relevant to the acquisition of the subject property, including e alternatives, , costs , environmental factors, safety, and long range planning; and WHEREAS, the City is authorized under the Constitution of Florida, Municipal Home Rule Powers Act, and Chapters 73, 74 and 166, Florida Statutes, to exercise the right and power of eminent domain for municipal purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Description of Property. The City Commission of the City of Sunny Isles Beach hereby authorizes the acquisition of the fee simple interest in the real property legally described in Exhibit "A" by gift, donation, purchase, or eminent domain in accordance with the Constitution of Florida, , the Municipal Home Rule Powers Act, and Chapters 73, 74, and 166, Florida Statutes. . Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of Sunny Isles Beach hereby declares that it is necessary to acquire, through eminent domain or negotiation, fee simple title to the subject property, described on Exhibit A herein for the construction, operation and maintenance of the Pedestrian Overpass Bridge and is necessary for compliance with state law and the City's Comprehensive Plan. The City Commission further declares that acquisition of the subject property serves a valid municipal purpose. Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings. the City Attorney and all others acting on his behalf are authorized to initiate eminent domain proceedings pursuant to Chapters 73, 74, 166 of Florida Statutes. Section 5. Authority of the City Manager and City Attorney. The City Manager and City Attorney and all others acting on their behalf are authorized to employ real estate appraisers, engineers, title examiners, legal counsel and other expert witnesses and consultants and to take any action and to do all things necessary to effectuate this resolution, including acquiring the subject property described in Exhibit A by gift, donation, negotiation, or eminent domain. 82014- Declaring Public necessity to Acquire Fee Simple Title. 2