2001-039 RESOLUTION NO. 2001-39
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, FINDING THAT THE
ACQUISITION OF PRIVATE PROPERTY SERVES A
PUBLIC PURPOSE AND IS NECESSARY FOR
ESTABLISHING AN ELEMENTARY CHARTER SCHOOL;
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, there are no public elementary schools located within the City of Aventura,
despite the presence of a large and growing number of elementary school-age children residing
in the City; and
WHEREAS, nearby public elementary schools which serve the City's children are
operating at approximately 60% over their assigned capacities and the Miami-Dade County
School Board currently has no additional elementary schools proposed for the area in its five-
year work plan; and
WHEREAS, the City Commission has evaluated the needs of its residents for
establishing an elementary charter school and has considered the benefits of having an
elementary charter school within the City; and
WHEREAS, the City has authority pursuant to Section 228.056, Florida Statutes, to
sponsor an elementary charter school and to oversee its operation once established; and
WHEREAS, the City retained a qualified consultant, Charter School USA and Charter
SchoolHouse Developers, to conduct a study which examines the demand for and feasibility of
establishing an elementary charter school; and
WHEREAS, the study concludes that the City has a sufficient need for an elementary
charter school based upon the City's population and the unavailability of adequate classrooms at
nearby public schools; and
WHEREAS, the study further concludes that development of an elementary charter
school is financially feasible based upon its projected costs and financing; and
WHEREAS, the consultant conducted a survey which demonstrates substantial support
in the community for an elementary charter school, even if additional taxes were levied to
support it; and
Resolution No. 2001-39
Page 2
WHEREAS, the consultant identified a 2.38 acre private tract located at 3333 N.E. 188th
Street (the "Tempest Parcel") as a suitable site for an elementary charter school based upon its
access, acreage, and location next to recreational areas, multipurpose rooms, and classrooms
within the City's planned community center; and
WHEREAS, the City Commission has determined that the Tempest Parcel is the most
appropriate site for development of an elementary charter school and that acquisition of the
Tempest Parcel in fee simple serves a municipal purpose and is necessary to fulfill the
educational needs of the present and future elementary school-age children that reside in the
City; and
WHEREAS, the City Commission, through the public process of meetings and
workshops, has carefully considered all factors relevant to acquisition;
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, IT IS HEREBY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
SECTION 1: All recitals above are true and correct and incorporated herein.
SECTION 2: It is hereby declared that it is necessary to acquire, through eminent
domain or negotiated conveyance, fee simple title to the Tempest Parcel, described in Exhibit
"A" attached hereto. It is further declared that acquisition of the Tempest Parcel serves a public
purpose and is necessary to fulfill the educational needs of the present and future elementary
school-age children that reside in the City.
SECTION 3: The City Attorney and all others acting on his behalf are authorized to
initiate eminent domain proceedings pursuant to Florida Statute Chapters 73, 74, and 166 and to
file petitions, pleadings, affidavits, declarations of taking, and any other documents authorized
by Florida Statute or role 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.
2
Resolution No. 2001-39
Page 3
The foregoing Resolution was offered by Commissioner Beskin, who moved its adoption.
The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote
was as follows:
Commissioner Arthur Berger no
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
PASSED AND ADOPTED this 20th day of June, 2001.
2JEFFREY M. PERLOW, MAYOR
C~2Y CLER~,} /
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
3
EXPOSURE PERIOD
A revie~v of current market activity for property located within the Aventura area and the
overall Miami-Dade County area, as well as conversations with brokers active within this
market, was performed in order to estimate a marketing time for the subject property. The
length of the marketing time is indicated to be a function of several factors including price,
terms, investment quality, and exposure to a given market. Based on the foregoing, typical
exposure/marketing time for properties with good development or redevelopment potential
was estimated to be approximately 12 months.
LEGAL DESCRIPTION
According to a boundary survey prepared by Manucy & Associates, dated April 5, 1999,
the legal description for the property is as follows:
A PORTION OF THE SOUTH 1/2 OF SECBON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY,
FLOR!DA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECT]ON 3, THENCE RUN NORTH 89'50'55" WEST ALONG THE
NORTH LINE OF THE SOUTHWEST ~/4 OF SAID SECT]ON 3 FOR A DISTANCE OF 670.26 FEET TO THE
NORTHWEST CORNER OF THE EAST I/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECT:ON 3; THF~qCE RUN SOLITH 00'39'25' EAST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE
NOR]HEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR A DISTANCE OF 1,107.11 FEET TO
A PC!NT; THENCE RUN NORTH 89'20'35" EAST FOR A DISTANCE OF 1,816.25 FEET TO A POINT: THENCE
RUN NORTH 00'39'25" WEST FOR A DISTANCE OF 15.O0 FEET TO THE POINT OF BEGINNING OF THE
TRACT OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE NORTH 00'39'25" WEST FOR A DISTANCE
OF 550.18 FEET TO THE CENTERLINE OF A CANAL; THENCE RUN SOUTH 89'56'4§" EAST ALONG THE
CENIERLINE OF SAID CANAL FOR A DISTANCE OF 426.33 FEET TO A POINT~ THENCE RUN SOUTH 00'
39'25" EAST ALONG A LINE PERPENDICULAR TO THE NORTH RIGH¥-OF-WAY LINE OF N.E. 1BSTH
STREET, FOR A DISTANCE OF 324.89 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE
RUN SOUTH 89'20'55" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF N.E. I§STH STREET, FOR
A DI!TANCE OF 426.30 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT THEREFROM, THE
PROFERTY DESCRIBED IN THAT RIGHT-OF-WAY DEED TO DADE COUNTY FILED FEBRUARY 21, 1989,
tN OIF[CIAL RECORDS BOOK 14003, PAGE 2.376.
LEGAL DESCRIPTION (LESS-OUT FOR RIGHT OF WAY)
A PORTION OF THE SOUTH 1/2 OF SECT]ON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BADE COUNTY,
FLOR!OA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COk*~NGE AT THE CENTER OF SA~D SECTION 3, THENCE N 89'50'55" W. ALONG THE NORTH LINE
OF ~F~E SW 1/4 OF SAID SECTION 3, FOR 670.26 FEET, TO THE NORTH~IEST CORNER OF THE
EAST 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SAiD SECTION 3; THENCE S O0'39'25" E. ALONG THE
WEST LINE OF THE EAST 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 3 FOR 1107.1~ FEET;
THE~*,;E N 89'20'35" E FOR 18~6.25 FEET; THENCE N 00'59'25" W. FOR 15.00 FEET TO THE POINT
OF BEGINNING OF A PAP~C.[t_ OF LANO HEREINAFTER DESCRIBED; THENCE CONTINUE N 00'59'25" W
FOR :!0.00 FEET; THENCE N ~9'20'35" E. FOR 426.30 FEET; THENCE S 00'59'25" E FOR 20.00 FEET;
FEET; THENCE S 00*59'25" E FOR 20.00 FEET; THENCE S 89'20'55" W. FOR 426.50 FEET TO THE
POINT OF BEGINNING.
-9- Slack & Johnston