79-15897 RESO
~ D CJ-'fr
RESOLUTION NO. 79-15897
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING
THE NECESSITY OF SAID CITY EXERCISING ITS
POWER OF EMINENT DOMAIN IN ORDER TO ACQUIRE A
CERTAIN PARCEL OF PROPERTY ON TERMINAL ISLAND,
MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECU-
TION OF CONTRACT TO PURCHASE SAID PROPERTY,
AUTHORIZING AND DIRECTING THE CITY ATTO~~EY TO
INSTITUTE EMINENT DOMAIN PROCEEDINGS IN THE
EVENT THE OWNER OF SAID PARCEL REFUSES TO EXE-
CUTE A CONTRACT PURCHASE AND SALE; AND AUTHOR-
IZING THE EXPENDITURE OF A SUM NOT TO EXCEED
$15,000 IN CONNECTION WITH THE CLOSING OF
SAID PROPERTY AND FOR THE INSURANCE OF TITLE THEREON.
WHEREAS, the City Commission of the City of Miami
Beach, Florida did on the 18th day of January, 1978, by its
Resolution No. 78-15528 declare a certain parcel of property
located on Terminal Island, Miami Beach, Dade County, Florida,
presently owned by the Belcher Oil Company, to be necessary for
the proper and efficient operation of said City; and
WHEREAS, the City Commission of said City did direct
negotiations to be undertaken with the owners thereof prior to
the exercise of the City's powers of eminent domain; and
WHEREAS, the City's Real Estate consultant, S. Z. Bennett
has reported to the City Commission that he has negotiated a con-
tract of purchase and sale with the owner of said property; and
WHEREAS,the City Commission finds it in the best in-
terests of the City to acquire said property at the price and
upon the terms negotiated by the City's Real Estate consultant; and
WHEREAS, in the event that for any reason Seller should
refuse to enter into contract of purchase and sale upon the terms
outlined by the City's Real Estate consultant, it will be necessary
for said City to acquire the subject property through the exercise
of its powers of eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1:
That the above recitals are true and correct.
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
SECTION 2. That the Mayor and Ci:ty Clerk of said City of
Miami Beach be and they are hereby authorized and
directed to enter into a contract providing for the sale by the
Belcher Oil Company to the City of Miami Beach of that certain
parcel of land described in Exhibit "A" attached hereto and in-
corporated herein by reference and to purchase all of the right8'
title and interest of the Belcher Oil Company in certain easements,
on property adjacent to the subject property; said purchase to be
for a total price of $1,325,000 for the real estate and removal
of certain equipment; said Agreement further providing for
Belcher Oil Company to remove certain oil storage tanks presently
existing on the subject property and providing for the escrow
of a sum of $315,400 be held in escrow until such structures
and oil storage tanks are removed, and providing for the rental
to Belcher of certain dockage rights.
SECTION 3: That in the event for any reason the Seller is
unwilling to enter into such contract for purchase
and sale, the City Attorney be and he is hereby authorized and
directed to commence eminent domain proceedings in order to acquire
the property described in Exhibit IIA" together with the easements
appurtenant thereto.
SECTION 4: There 1S hereby appropriated from the proceeds of
the bonds issued to finance the acquisition of said
property a sum not to exceed $15,000 for the purpose of paying the
various miscellaneous and incidental expenses related to the
acquisition of said property including all documentary stamp taxes,
surtax stamp taxes, recording fees, the cost of title insurance,
any survey cost and other fees customary and incident to the
closing of real property as in the opinion of the City Attorney
is necessary.
SECTION 5: The City Manager be and he is hereby authorized
to negotiate such minor matters as may arise during
the course of acquisition of said property with respect to date
-2-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
of possession, removal of storage tanks and other miscellaneous
and sundry items; provided, however; that he shall not have
authority to alter the purchase price, except to agree ln con-
sultation with the City Attorney to prorations which are
customary and incident to real estate closings in Dade County.
SECTION 6:
That the City Manager, City Clerk and City Attorney
be and they are hereby authorized to do all things
necessary or convenient to accomplish the acquisition of the
subject property as expeditiously as possible upon the terms set
forth in this Resolution.
PASSED and ADOPTED this
2nd day of
May , 1979.
)
/f
l ;'
'I .--.
Mayor
//
-j
. I. "
I if /
II 'A I~
Attest:
ff~~-, 11,,-~
'l<;le~L..._._~,. !L.t~,I,
(I City Clerk
,6.~~_.-:-e:;
~ /
-3-
A.HM/mcs
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
EXHIBIT A
The land to be conveyed is that certain property
described as tract A and Tract B in that certain indenture
between The Peninsula Terminal Company and The Texas Company
Recorded at Book 1509, Page 81 and Book 327, Page 256 of the
Public Records of Dade County more particularly described as
follows:
TRACT A:
Commencing at a point Fifteen Hundred and-Eighty (1580) feet
North and Two Thousand Fi fteen (2015) feet Hest of the South-
east (SE) corner of Section four (4), Township fifty-four (54)
South:. Range forty-t't'/o (42) East, particularly defined as bei.ng
at the intersection of the center line of the roadway of the
original concrete viaduct of the Miami County Causeway and the
face of the West.Bridge abutment; thence run South Sixty-seven
degrees and Five Hinutes Hest (S.6700S1W.) a distance of Fifty-
eight. and Seven-tenth~ (58.7) feet to a point; thence South
Thirty-one degrees and Forty three minutes East (S.31043IE.) a
distance bf Sixty-four and Seventy-five Hundredths (64.75) feet
to'a point on the South wall of the County Causeway; thence run
South Sixty-seven degrees and Five minutes West (S.670051~1.) along
the South \-la11 of the f1iami County Causeway a distance of One
Hundred Fifty-eight and T~/enty-one One-hundredths feet (158.21)
to the point of curvature of a circular curve; thence run along
the arc of said circular curve deflecting to the right and having
for its elements a central angle of six deqrees fifteen minutes
and thirty seconds (60 151 30") and a radius of Two Hundred Forty-
"three and Eighty-six Hundredths (243.. 8b) feet.
a distance of Twenty- six and Sixty-four hundredths
(26.64) feet to the point of compound curvature of
a circular curve; thence run along the arc of said
circula.r. curve deflecting to the right and having for
its elements a central angle of one degree, fifty-
.eight minutes and twenty-two seconds (1058122.")
a nd a radius"of one thousand five hundred sixty-six
a nd ninety-five hundredths (1566.95) feet. a distance
of fifty-three and ninety-five hundredths (53.95) ;feet
to the point of beginning of the tract of land herein
described; Thence South thirty-one degrees and
forty-three minutes Ea.st (5. 310 43' E.) a distance....
of Two'Hundred Seventy-four and Fifty-one Hundredths
(274.51) feet to a point; thence South Twenty-five
degrees and twenty-nine minutes West (5. 250 29'
W.) a distance of two hundred fifty- seven and
eighty-six hundredths (257. 86) feet to a point.
said point being fifty (50) feet North of the
Northerly bottom edge of the Municipal Channel;
thence" North sixty-four degree s and thirty-one
minutes West (N.' 640 31' W.) parallel to and
fifty (50) feet equidistant from the Northerly
bottom edge of the Municipal Channel, Two Hundred
TRACT B:
(200) feet to a point; thence run North Twenty-
five degrees and Twenty-nine minutes East (N. 250
29' E.) a distance of Two Hundred Twenty-three
and Twenty-four Hundredths (223.24)" feet to a point;
thence run North Ten degrees Fifty-one minutes "lest
(N. 100 51' W.) a distance of One Hundred Sixty-
two and Fifty-two Hundredths (162.52) feet to a
point, said point being on the South wall of the
original Miami County Causeway; thence run in a
Northeasterly direction along the South wall of
the Miami County Causeway, along the arc of a cir-
cular curve deflecting to the left, said curve
having for its elements a radius of One Thousand
Five Hundred Sixty-six and Ninety-five Hundredt:4s
(1,566.95) feet, a central angle of three degrees,
four minutes and eight seconds (30 04' 0811), a distance
of eighty-three and ninety-two hundredths {83.92} feet,
bearing of chord of said curve being North seventy-
six degrees, fifty minutes and fifty-six seconds East
(N. 760 50' 56" E.) and eighty-three and ninety-two
hundredths (83.92) feet, to the point of be ginning of
the tract herein described, containing one and seven
tenths (1.7) acres, more or less.
Beginning at the point which is the point of begin-
ning of TRACT A, and from said point of beginning
run South thirty-one degrees and forty-three minutes
Easl (S. 3) 0 43' E: ) a distance of two hundred seventy~
{our and filly-one hundredths (2.74.51) feet, thence ;run
South twenty-five degrees and twenty-nine minutes
'Vest (So 250 291 W.) a distance of one hundred
fifty- seven and eighty- six hundredths (157.86) feet
to a point, said point being on the East pr'ope rty
line and one hundred (100) feet North of the South-
east (SE) corner of Tract A; thence run South
sixty-four degrees thirty-one minutes East (S. 640
31' E.) a distance of one hundred twenty (120) feet
to a point; thence run North twenty-five degrees and
twenty-nine minutes East (N. 250 29' E.) a distance
of ninety-seven and forty- six hundredths (97.46) feet
to a point; then run North thirty-one degrees forty-
three minutes West (N. 310 431 W.) a distance of
. four hu~dred three' and eight tenths (403. 8) fee;t to
a point 'on the South wall of the Miami County
Causeway; thence run in a Southwe 5terly direction
along the arc of a circular curve deflecting to the
right, said curve having for its elements a radius
of one thousand five hundred sixty-six and ninety-
five hundredths (1566.95) feet and a central angle
of zero degrees thirty-two minutes and thirty-eight
seconds (00 32.1 3811) a distance of fourteen and eighty-
seven hundredths (14.87) feet to the point of beginning.
cont.aining forty-siX hundredths (0.46) acres, more
oct.. Lt:.s~.
-2-
:
,
{