HomeMy WebLinkAboutR-2012-055 - Denied - Acquiring private property through negotiated conveyance or eminent domain RESOLUTION NO. 2012-055—DENIED 5/8/2012
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA FINDING THAT ACQUISITION OF THE PRIVATE
PROPERTY DESCRIBED IN EXHIBIT "A" THROUGH NEGOTIATED
CONVEYANCE OR EMINENT DOMAIN SERVES A PUBLIC PURPOSE
AND IS NECESSARY TO PROVIDE CLEAR, VISIBLE, EFFICIENT, AND
DIRECT VEHICULAR AND PEDESTRIAN ACCESS AND CONNECTIVITY
TO THE CITY CENTER; AUTHORIZING THE CITY ATTORNEY TO
RETAIN LEGAL COUNSEL, CONSULTANTS, AND EXPERTS, AND TO
TAKE ALL FURTHER ACTIONS THAT ARE REASONABLY REQUIRED
TO ACQUIRE PRIVATE PROPERTY FOR SUCH ACCESS; PROVIDING
FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach ("City Commission") has
designated a central location in its downtown area to provide civic functions in fulfillment of the
goals and objectives of the Dania Beach City Center Master Plan("Master Plan"); and
WHEREAS, through sound urban design with a focus on establishing a strong civic
character, and in a manner consistent with the Master Plan, the City Commission has developed,
or has fostered development, of several governmental facilities, such as City Hall, the Paul
DeMaio Branch of Broward's Public Library System, and a parking garage, in a central location
in the downtown area("City Center"); and
WHEREAS, the City Commission has evaluated the existing secondary roadway
network that serves the City Center, and has determined that it does not provide adequate clear,
visible, efficient, and direct vehicular and pedestrian access and connectivity; and
WHEREAS,the City Commission has determined that the citizens which it serves would
benefit from clear, visible, efficient, and direct vehicular and pedestrian access and connectivity
to the City Center; and
WHEREAS, the City Commission has considered alternative configurations, and has
evaluated factors relevant to providing clear, visible, efficient, and direct vehicular and
pedestrian access and connectivity, such as: the existing roadway network and ease of access,
traffic circulation, sense of arrival and wayfinding, and potential impacts on the existing
neighborhoods; and
WHEREAS,the City Commission has determined that development of a direct entryway
from Federal Highway to the City Center is consistent with the Master Plan, and would provide
clear, visible, efficient, and direct vehicular and pedestrian access and connectivity; and
WHEREAS, the City Commission has identified property upon which to develop the
entryway, and finds that acquisition of absolute fee simple title to the private property described
in Exhibit "A" ("subject parcel") serves a public purpose and is necessary to provide clear,
visible, efficient, and direct vehicular and pedestrian access and connectivity to the City Center;
and
WHEREAS, the City Commission, through the process of public meetings, has
considered costs, long-range area planning, and other factors relevant to acquisition; and
WHEREAS, the City Commission finds that it is necessary to employ legal counsel,
consultants, and experts to acquire the subject parcel through negotiated conveyance or the
power of eminent domain; and
WHEREAS, the City Commission is authorized by Sections 166.401 and 166.411,
Florida Statutes, to exercise the power of eminent domain to acquire absolute fee simple title to
the subject parcel, along with all other rights necessary and convenient for the full use of it;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. All recitals above are true and correct, and they are incorporated into this
Resolution by this reference.
Section 2. It is declared that it is necessary to acquire, through negotiated conveyance
or the power of eminent domain, absolute fee simple title to the subject parcel. It is further
declared that acquisition of the subject parcel serves a public purpose and is necessary to provide
clear, visible, efficient, and direct vehicular and pedestrian access and connectivity to the City
Center.
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, affidavits, declarations of taking, and all other documents authorized by Florida
Statute and rule of court to accomplish the acquisition described into this Resolution by this
reference.
2 RESOLUTION#2012-055
Section 4. The City Attorney, and all others acting on his behalf, are authorized to
employ legal counsel, consultants, and experts to acquire the subject parcel, and to take such
further actions as are reasonably required to fully accomplish the purposes described into this
Resolution by this reference.
Section 5. That a funding appropriation for this matter is hereby created by a transfer
of $50,000.00 from the General Fund — General Services Contingency to the Capital Project
Fund and further directing that costs of this matter, including but not limited to legal, consulting
and experts used to acquire the subject parcel, shall be paid from and reflected in the Capital
Project Fund that is created for this specific purpose.
Section 6. This Resolution shall become effective immediately upon its adoption.
DENIED on May 8, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
3 RESOLUTION#2012-055
EXHIBIT "A"
ALL OF LOT 10 AND A PORTION OF LOTS 9, 11 AND 12, BLOCK 22 OF "MAP OF THE
TOWN OF MODELO", NOW DANIA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK B AT PAGE 49 OF THE PUBLIC RECORDS OF BROWARD
COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 10;
THENCE NORTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOTS 9 AND 10,
A DISTANCE OF 202.00 FEET;
THENCE SOUTH 00'01'00" EAST ALONG THE WEST LINE OF SOUTH FEDERAL
HIGHWAY, A DISTANCE OF 65.00 FEET;
THENCE SOUTH 90'00'00"WEST,A DISTANCE OF 202.0 FEET;
THENCE NORTH 00'01'00" WEST ALONG THE WEST LINE OF SAID LOTS 10 AND 11,
AND ALONG THE EAST RIGHT OF WAY LINE OF (COPENHAGEN AVENUE) S.W.
FIRST AVENUE, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA; CONTAINING 13,130 SQUARE FEET, MORE OR LESS.
4 RESOLUTION#2012-055