2005-010
RESOLUTION NO. 2005-10
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, FINDING THAT THE
ACQUISITION OF PRIVATE PROPERTY SERVES A
MUNICIPAL PURPOSE AND IS NECESSARY FOR
DEVELOPMENT AND EXPANSION OF THE CITY'S
PARK SYSTEM AND IMPROVEMENTS TO
RECREATIONAL FACILITIES; AUTHORIZING THE
CITY ATTORNEY TO INITIATE EMINENT DOMAIN
PROCEEDINGS; AUTHORIZING THE CITY ATTORNEY
TO RETAIN EXPERT WITNESSES AND CONSULTANTS
AND TAKE FURTHER ACTIONS THAT ARE
REASONABLY REQUIRED TO ACQUIRE THE PRIVATE
PROPERTY DESCRIBED IN EXHIBIT "A"; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is committed to developing accessible parks and outstanding
recreational facilities that provide residents of all ages with a variety of recreational opportunities to
enhance their quality oflife and physical well-being; and
WHEREAS, the City analyzes on an annual basis its long-range capital needs, including
evaluation of proposed projects for development and expansion of the City's park system and
improvements to recreational facilities; and
WHEREAS, the City Commission on June I, 2004 adopted the current Capital
Improvement Program ("ClP") for the five-year period beginning October I, 2004 to develop a
long-range plan of proposed capital improvements, the means and methods of financing such
capital improvements, and a schedule of priorities for implementation; and
WHEREAS, the ClP includes the planned expansion of Waterways Park from I acre to
approximately 7 acres, thereby providing residents with a new baseball/softball field,
football/soccer field, playground, jogging path, recreation building, and additional parking; and
Resolution No. 2005-10
Page 2
WHEREAS, the City Commission finds that the property described herein ("subject
parcel") is the most appropriate location for expansion of Waterways Park and that acquisition of
the subject parcel in fee simple serves a municipal purpose and is necessary for development and
expansion of the City's park system and improvements to recreational facilities; and
WHEREAS, the City Commission, through the public process of meetings and workshops,
has carefully considered all factors relevant to acquisition and has allocated funds for acquisition
and development of the subject parcel; and
WHEREAS, the City Commission finds that it is necessary to take legal action and
employ legal counsel, real estate appraisers, engineers, title examiners, and other expert
witnesses and consultants in connection with eminent domain proceedings; and
WHEREAS, the City Commission is authorized by Sections 166.401 and 166.411,
Florida Statutes, to exercise the right and power of eminent domain for a municipal purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA:
Section 1.
That each ofthe above-stated recitals is hereby adopted and confirmed.
Section 2.
It is hereby declared that it is necessary to acquire, through eminent
domain or negotiated conveyance, fee simple title to the subject parcel, described in Exhibit "A"
attached hereto, for expansion of Waterways Park. It is further declared that acquisition of the
subject parcel serves a municipal purpose and is necessary for development and expansion of the
City's park system and improvements to recreational facilities.
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Resolution No. 2005-10
Page 3
The City Attorney and all others acting on his behalf are authorized to
Section 3.
initiate eminent domain proceedings pursuant to Florida Statute Chapters 73, 74, and 166 and to
file petitions, pleadings, affidavits, declarations of taking, and all other documents authorized by
Florida Statute or rule of court to accomplish the acquisition described herein.
Section 4.
The City Manager and City Attorney and all others acting on their behalf
are authorized to contract with real estate appraisers, engineers, title examiners, and other expert
witnesses and consultants in connection with eminent domain proceedings.
Section 5.
The City Manager and City Attorney and all others acting on their behalf
are authorized to take such further actions as are reasonably required to fully accomplish the
purposes hereinabove directed.
Section 6.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its adoption.
This motion was seconded by Commissioner Diamond, and upon being put to a vote, the vote
was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
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Resolution No. 2005....!!I
Page 4
PASSED AND ADOPTED this loth day of March, 2005.
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JEFFREY M. PERLOW, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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CITY ATTORNEY
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Resolution No. 2005-10
Page 5
EXHIBIT" A"
PARCEL 1:
Portions of Tract A and Tract B, DONN Acres, according to the plat thereof as recorded in Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly
described as follows:
COMMENCE at the Northeast corner of said Tract B and the Northeast corner of Section 34,
Township 51 South, Range 42 East;
THENCE South 02°21' 14" East on said East line of Tract B and the East line of said Section 34,
a distance of 541.55 feet to the Northeast corner of a parcel of land conveyed to the City of
A ventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973,
Page 3869 ofthe Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of Aventura the following three
(3) courses and distances;
1. South 50°29'14" West, a distance of32.10 feet (31.83) feet by deed) to the beginning ofa
tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a central
angle of 37°32'07" (37°34'38" by deed), an arc distance of 216.19 feet (216.43 feet by
deed) to a point of tangency;
3. South 88°01 '22" West, a distance of 128.17 feet to the POINT OF BEGINNING;
THENCE continue South 88°01 '22" West on said North line, a distance of561.58 feet;
THENCE North 01°52'05" West, a distance of507.39 feet;
THENCE North 88°09'53" East, a distance of382.40 feet;
THENCE South 37°41 '02" East, a distance of306.l9 feet;
THENCE South 01°52'05" East, a distance of257.8l feet to the POINT OF BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida.
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