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RESOLUTION NO. 2013- ZOS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING PUBLIC PURPOSE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A PARCEL OF PROPERTY ( "NORTHSIDE BRIDGE LANDING PARCEL ") MORE PARTICULAR DESCRIBED HEREIN (LOCATED BETWEEN THE RIGHTS OF WAY OF 826 WEST AND THE SOUTH SIDE PROPERTY LINE FOR THE PLAZA OF AMERICAS CONDOMINIUMS) FOR THE DEVELOPMENT OF A PEDESTRIAN OVERPASS BRIDGE TO CONNECT GATEWAY PARK TO THE NORTH SIDE OF S.R. 836 WEST; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE AND INITIATE EMINENT DOMAIN PROCEEDINGS; PROVIDING CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TO DO ALL THINGS PERTINENT TO EFFECTUATING THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in the process of constructing a multi- purpose public park commonly called "Gateway Park' on the north side of Sunny .Isles Boulevard, which public park project is consistent with the City's Comprehensive Plan; and WHEREAS, the residents and visitors who either live in or visit the North Bay Road corridor between 167 Street and 172nd Street currently do not have an adequate and safe means of pedestrian access to the park due to the fact there does not presently exist a pedestrian crosswalk at the intersection of North Bay Road and S.R. 826 westbound (the "Highway') nor is there a pedestrian crosswalk providing for an adequate and safe means of access to and from the Highway at any location on the north side of 826 West; and WHEREAS, the City Commission has considered and deliberately determined that a Pedestrian Overpass bridge connecting the North side of Gateway Park to the north side of S.R. 826 West is needed to provide for the general public welfare, health and safety of pedestrians - whether residents, visitors and employees of the City —to an adequate and safe means of access to and from Gateway Park; and WHEREAS, the City Commission finds that the parcel of real property, legally described herein. is necessary for the construction of the public Pedestrian Overpass Bridge, and further finds that the acquisition of the fee simple interest in the real property, legally described herein serves a valid municipal purpose and is necessary for the construction of the Pedestrian Overpass Bridge to provide access to park amenities to numerous City residents and visitors living and visiting the North Bay Road corridor between 167th Street and 172nd Street: and WHEREAS, the City has further considered and concluded that acquisition of the fee simple interest in the real property described herein is further necessitated by the City's 82013- Declaring Public necessity to Acquire Fee Simple Title. I