04-18-2000 CC Meeting AgendaCity of Aventura
CitF Commission
Arthur L Snyder, Mayor
Jeffrey M. Periow, Vice Mayor
Arthur Berger
Jay It. Beskin
Ken Cohen
Harry Holzberg
Patricia Rogers-Libert
City Manager
Eric M. Soroka
Cit~ Clerk
Teresa M. Soroka, CMC
Cit~ Attorney
Weiss Serota Helfman
Pastoriza & Guedes
Special Commission Meeting
April 18, 2000 9 AM
Government Center
2999 NE I91~ Street Suite 500
Aventura, Florida 33180
AGENDA
CALL TO ORDER/ROLL CALL
RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING THE ACQUISITION OF A
CERTAIN 2+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT
THE SOUTH SIDE OF N.E. 188TH STREET WEST OF
DUMFOUNDLING BAY AND EAST OF U.S. 1 IN AVENTURA, FLOR1DA
TO BE A PUBLIC NECESSITY IN ORDER TO PROVIDE FOR THE
PROPOSED CITY OF AVENTURA PARK AND CULTURAL CENTER
FACILITY CENTER; AUTHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT
DOMAIN PROCEEDINGS; PROVIDING FOR AN EFFECTIVE DATE.
3. ADJOURNMENT
Tins meeting is opm to the public. In accordance with the America~ with Disabilities Act of 1990, all persons who are disabled and who need special
acconanodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466.8901, not later thm~ two
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLOR1DA DECLARING
THE ACQUISITION OF A CERTAIN 2+~ ACRE
PARCEL OF VACANT PROPERTY LOCATED AT
THE SOUTH SIDE OF N.E. 188TH STREET WEST
OF DUMFOUNDLING BAY AND EAST OF U.S.1 IN
AVENTURA, FLORIDA TO BE A PUBLIC
NECESSITY IN ORDER TO PROVIDE FOR THE
PROPOSED CITY OF AVENTURA PARK AND
CULTURAL CENTER FACILITY CENTER;
AUTHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") is presently planning for the development
of a Park and Cultural Center facility for the City (the "Park Facility") to be located within the
City; and
WHEREAS, the Park Facility shall consist of open space for recreational use, which will
attract families and meet the recreational needs of residents of the City, and shall provide a venue
for cultural activities, facilities and uses, which further promote and enhance the quality of life in
the City; and
WHEREAS, the City Manager has identified and determined the need for acquisition of
that certain 2+ acre parcel of land located in the City, at the South side of N.E. 188th Street, West
of Dumfoundling Bay and East of U.S. 1, due to its proximity to both the central poim of the City
and its waterfront access, as described on Exhibit "A" attached hereto (the "Property") for use
and development as a Park Facility for the City, and has recommended the acquisition by the City
of such Property, for such purpose; and
WHEREAS, the City Commission has, prior to the adoption of this Resolution, carefully
considered all relevant factors, throughout the public process of Commission workshops and
Commission meetings, and has determined the necessity of acquiring certain property and
property rights and alternative sites, safety factors, environmental considerations, costs of the
project, long-range area planning, including all those factors outlined by the City Manager in his
presentation of this Resolution to the Commission; and
WHEREAS, funds are available for the acquisition of the Property; and
WHEREAS, the City Commission finds that the acquisition of the fee simple title to the
Property is for a public purpose, to-wit: the City of Aventura Park Facility, and is essential to the
accomplishment of the Park Facility project, and as such, constitutes a public necessity and is
necessary and essential to the best interest of the City; and
WHEREAS, in order to accomplish the acquisition of the Property, it is necessary for the
City Manager and the City Attorney to take legal action and to employ real estate appraisers and
other experts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission approves, adopts and ratifies each of those matters
set forth in the foregoing recitals.
Section 2. The City Attorney is hereby authorized and directed to employ appraisers
and other consultants for the purpose of securing appraisals of the value of the Property described
in Exhibit "A', for the purpose of acquiring the fee simple title to such Property and providing
2
expert testimony as may be required for such purposes, and to complete the acquisition of the
Property by eminent domain utilizing the powers conferred upon the City under Section 166.401,
et. seq., Fla. Stat. and under its Home Rule and Charter powers pursuant to the proceedings and
remedies available under Chapters 73 and 74, Florida Statutes.
Section 3. The City Attorney is hereby authorized and directed to proceed to take the
necessary steps for the City 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 City of
Aventura, Florida, 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 City Attorney and City Manager 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 Property described in Exhibit "A" is to be used for the following
public purpose: A City of Aventura Park Facility, as described in this Resolution. The Project is
hereby declared and determined to be necessary for the public good and convenience and all the
lands to be acquired under the authority of this Resolution are necessary for the public uses and
purposes set forth herein.
Section 6. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Jeffrey M. Perlow
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harpy Holzberg
Commissioner Patficia Rogers~Libert __
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED ANDADOPTEDt~s
day of April, 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
328001 ~r esolut ions~ninc*nt domain proceedings for park ~a~d cultural fa~iliiy
4
SURVEY NOTES:
I, NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-
OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS
OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF
MAGNUM MARINE PLAT(PLAT BOOK 147, PAGE 12, MIAMI-DADE COUNTY
RECORDS), WITH A REFERENCE BEARING OF NORTH 89'20'35' EAST
ALONG THE NORTH LINE OF TRACT 'A'.
4. THE 'LAND DESCRIPTION'HEREON WA5 PREPARED BY THE SURVEYOR.
5. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH.
LEGAL DESCRIPTION:
PORTIONS OF TRACTS 'A" AND 'B', MAGNUM MARINE PLAT ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 147, PAGE 12 IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDAj TOGETHER
WITH PORTIONS OF THE SOUTHEAST OUARTER OF FRACTIONAL SECTION
3. TOWNSHIP 52 SOUTH, RANGE 42 EAST; TOGETHER WITH PORTIONS OF
THE DEDICATED RIGHT-OF-WAY FOR N.E. 188~'h STREET AS SHOWN ON AND
DEDICATED BY SAID PLAT. SAID PORTIONS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 'B'j THENCE
ALONG THE SOUTH BOUNDARY OF SAID TRACT 'B',NORTH 89'58'15' WEST,
187.10 FEET TO A POINT ON A LINE BEING 187.10 FEET WEST OF AND
PARALLEL WITH THE EAST BOUNDARY OF SAID TRACTS 'A' AND 'B'; THENCE
ALONG SAID PARALLEL LINE NORTH 00'31'59' WEST, 400.4G FEET TO A POINT
ON THE NORTH LINE OF SAID DEDICATED RIGHT-OF-WAY, BEING THE
CENTERLINE OF N.E. 188~rh STREET AS SHOWN ON SAID PLAT; THENCE, ALONG
SAID CENTERLINE AND ITS EASTERLY EXTENSION, NORTH 89'20'35' EAST,
282.11 FEET; THENCE SOUTH 3192'18' WEST, 55.16 FEETj THENCE SOUTH
2096'26' WEST, 53.49 FEET~ THENCE SOUTH 15'0G'32' WEST, 51.92 FEET~
THENCE SOUTH IO'qG'ZlO' WEST, T6.49 FEET~ THENCE SOUTH Ol'zlS'2T" WEST.
T5.06 FEET; THENCE SOUTH 12'57'54' WEST, 12.85 FEET~THENCE SOUTH
43'18'07' WEST. 17.33 FEET TO THE NORTHEAST CORNER OF SAID TRACT 'B',
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT "B',SOUTH 00'31'59'
EAST, 81.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA. MIAMI-DADE COUNTY. FLORIDA
AND CONTAINING 87.120 SOUARE FEET (2.00 ACRES)MORE OR LESS.
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF. AND
INFORMATION AS DELINEATED UNDER MY DIRECTION ON APRIL 12, 2000. I FURTHER
CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER GIGIT-G, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE OUALIFICATIONS NOTED
HEREON.
KEITH .AN~., SCHN~3, P.A.
SKETCH OF DESCRIPTION
)ATE o4/12/oo DATE: REVISIONS
SCALE r:6o'
:ELD BK,
DWNG, BY MMM
CHK. BY AML
PORTIONS OF TRACTS 'A'& 'B' MAGNUM
MIAMI-DAOE COUNTY, FLORIDA DRAWING NO. ISAM L-
LEGEND
N
~ ~ LD'C'R' DADE COUNTY RECORDSARc LENGTH
~ CL CENTERL INE
-- A CENTRAL ANGLE
~.E.~;'T, P.O.B. POINT OF BEGINNING
STREET
-, r-- ........ P.B. PLAT BOOK "
LOCATION HAP P, G- PAGE
(NOT TO $CALEI
o
GRAPHIC SCALE
N.E, 188±h STREET
~ DEDICATED RIGHT-OF-WAY
~ PER PLAT BOOK IAT, PAGE 12
~00 41 TRACT 'B' ~ ] 12 ~7.~4"
~'
] ~ ~ P.O.B.S.E. CORNER
' 187.1~ N89~8'IS'W ~ TRACT 'B'. P.B. 1~7,
PG. 12, D.C.R.
CANAL TRACT
SKETCH OF DESCRIPTION DATE 04/,2/o0 DATE REVIS~NS ~ KEITH
PORTIONS OF THE RI~HT-OF-WAY FOR
188th STREET ~WN~.BY MMM SHEET NO. 2 OF 2 SHEETS
C~T~ Or AVEnTUra.
MJAMJ-DAOE COUNTY, FLORIOA CHK. BY A~k DRAWING NO. Js~l~ L-