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RESOLUTION 88-19415 RESOLUTION NO. 88-19415 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA DECLARING ACQUISITION OF THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS: THE SOUTH 80 FEET OF LOT 5 AND THE NORTH 50 FEET OF THE SOUTH 130 FEET OF LOT FIVE, BLOCK 101, OF OCEAN BEACH ADDITION NO. 3 , PLAT BOOK 2 AT PAGE 81 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA TO BE A PUBLIC NECESSITY FOR THE PROJECT KNOWN AS THE SOUTH POINTE ELEMENTARY SCHOOL PROJECT, AUTHORIZING THE ACQUISITION OF SAID PROPERTIES BY PURCHASE, DONATION OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND DECLARATION OF TAKING, AS NECESSARY. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: WHEREAS, on February 2 , 1987 , the City of Miami Beach entered into an "Acquisition Agreement" with the School Board of Dade County, Florida wherein the City agreed to acquire certain properties of which the following legally described parcels were included therein: (PARCEL NO. 1 - 1014 - 4TH STREET) The East 1/2 of the West 1/2 of Lot 1, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 2 - 1008 - 4TH STREET) The West 1/2 of the East 1/2 of Lot 1, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 3 - 1020 - 4TH STREET) The West 1/2 of the West 1/2 of Lot 1, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 4 - 362 MICHIGAN AVENUE) The East 1/2 of the East 1/2 of Lot 1, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 5 - 344-352 MICHIGAN AVENUE) Lots 2 and 3 , Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Fl orida. (PARCEL NOS . 6, 7 , & 8 - 320-330 MICH. AVE) Lots 4 , 5 and 6, Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 9 - 1017 - 3RD STREET) Lots 7 and 8, less the east 100. 06 feet in Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. 1 • (PARCEL NO. 10 - 304 MICHIGAN AVENUE) The East 100. 06 feet of Lot 8 in Block 100, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 11 - 1012 - 3RD STREET} The West 60 feet of the East 120 feet of Lot 1, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NOS . 12 & 13 - 1036 - 3RD STREET) Lots 1 and 2 less the East 180 feet thereof, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NO. 14 - 1000 3RD STREET} The East 60 feet of Lot 1, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NOS. 15 & 16 - 1003 & 1024 - 3RD STREET) The West 60 feet of the East 180 feet of Lots 1 & 2 , Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. (PARCEL NOS. 17 & 18 - 200 AND 216 MICHIGAN AVENUE) The South 80 feet of Lot 5 and the North 50 feet of the South 130 feet of Lot 5, Block 101, Ocean Beach Addition No. 3 , as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. ; and WHEREAS, in consideration therefore, the School Board of Dade County, Florida agreed to reopen the South Pointe Elementary School ; and WHEREAS, on December 17 , 1986, said Agreement was approved by both the Miami Beach City Commission and the School Board of Dade County; and WHEREAS, on December 17 , 1986, the City Commission of Miami Beach authorized the City Administration to proceed with negotiations with the affected property owners for purchase of the required acquisitions for this South Pointe Elementary School Project; and WHEREAS, on October 7 , 1987 , the City of Miami Beach via City of Miami Beach Resolution No. 87-19007 declared acquisition of those properties listed hereinabove as parcel nos. 1 through 16 to be a public necessity for the project known as the South 2 • Beach Elementary School Project, and authorized the acquisition of said properties by purchase, donation or the filing of eminent domain proceedings and declaration of taking, as necessary; and WHEREAS, on April 6, 1988, City of Miami Beach Resolution No. 88-19212 was passed, amending City of Miami Beach Resolution No. 87-19007 so as to change the name of the subject eminent domain project from South Beach Elementary School Project to the South Pointe Elementary School Project; and WHEREAS, for reasons more particularly set forth in the attached Commission Memorandum dated October 19, 1988, the City Administration recommends that the City Commission further authorize the City Attorney to institute condemnation proceedings on those certain properties also included in the project area legally described as follows: (PARCEL NOS. 17 & 18 - 200 AND 216 MICHIGAN AVENUE) The South 80 feet of Lot 5 and the North 50 feet of the South 130 feet of Lot 5, Block 101, Ocean Beach Addition No. 3, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. ; and WHEREAS, the City Commission finds, determines and declares that it is necessary to acquire fee simple title to the above- described parcel nos. 17 and 18 for use in the South Pointe Elementary School Project; and WHEREAS, the City Commission finds, determines and declares that the acquisition of said parcel nos. 17 and 18 is a public necessity and is necessary, practical and in the best interest of the City of Miami Beach; and WHEREAS, the City Commission finds, determines and declares that the acquisition of said parcel nos. 17 and 18 by purchase, donation, or eminent domain proceedings including declaration of taking is for the public use and benefit. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: 1. The City Commission finds, determines and declares that those matters set out in the foregoing recitals are true and x-10/28/88 3 • correct, and they are hereby incorporated as a portion of this Resolution. 2 . The recommendation of the City Manager that the City Attorney institute condemnation proceedings in order to acquire the parcels described hereinbelow for the South Pointe Elementary School Project, is hereby accepted and approved. 3 . In addition to the parcels described in City of Miami Beach Resolution No. 87-10997 , the City Commission declares that it is further necessary to acquire fee simple title to: (PARCEL NOS. 17 & 18 - 200 AND 216 MICHIGAN AVENUE) The South 80 feet of Lot 5 and the North 50 feet of the South 130 feet of Lot 5, Block 101, Ocean Beach Addition No. 3, as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida. ; and 4 . The City Commission finds, determines and declares that the acquisition of the above-described properties by purchase, donation, or eminent domain proceedings, including declaration of taking, is for the public use and benefit. 5. The City commission finds, determines and declares that the acquisition of the above-described properties is a public necessity and is necessary, practical and in the best interest of the City of Miami Beach. 6. The City Commission authorizes the City Manager and the City Attorney, through their staffs or through special counsel engaged for such purposes, to acquire the above-described properties through purchase, donation or through eminent domain proceedings, including declaration of taking. PASSED and ADOPTED this 19th day of October 1988 . ATTEST: MAYOR 424'26/7)1., Odr-4441,1,) CITY CLERK J KO/rg FORM APPROVED LEGAL DE?T. 4 • ByP, , Date JO 4sit ORIGINAL RESOLUTION NO. 88-19415 (Declaring acquisition of those properties identified and described as: The South 80 feet of Lot 5 and the North 50 feet of the So. 130 Feet of Lot Five, Block 101, of Ocean Beach Addition No. 3, Plat Book 2 at page 81 of the Public records of Dade County, Florida to be a public ne- cessity for the project known as the So. Pointe Elementary School Project, author- izing the acquisition of said properties by purchase, donation or the filing of eminent domain proceedings and declaration. of takine, as necessary)