Resolution 2024-33372 RESOLUTION NO. 2024-33372
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
LAND USE AND SUSTAINABILITY COMMITTEE, AT ITS SEPTEMBER 5, 2024
MEETING, WITH RESPECT TO THE COMPLETION OF THE INDIAN CREEK
PEDESTRIAN PATHWAY ALONG/NEAR THE 28 STREET PEDESTRIAN
BRIDGE, AND AUTHORIZING THE ADMINISTRATION TO WORK WITH THE
CITY ATTORNEY TO NEGOTIATE WITH THE OWNER OF THE OUTLOT
LOCATED AT 2811 INDIAN CREEK DRIVE (2811 OUTLOT PARCEL) TO
SECURE AN EASEMENT OR OTHER PROPERTY RIGHTS DEEMED
ACCEPTABLE BY THE CITY ATTORNEY, GRANTING THE CITY THE RIGHT
TO DEVELOP AND MAINTAIN, AT THE CITY'S SOLE COST, A CONNECTING
PEDESTRIAN PATHWAY ALONG THE 2811 OUTLOT PARCEL
(TRANSACTION), WITH THE TERMS OF SUCH TRANSACTION BEING
SUBJECT TO APPROVAL BY THE CITY COMMISSION; PROVIDED,
HOWEVER, THAT IN THE EVENT THAT NEGOTIATIONS ARE NOT
SUCCESSFUL WITHIN A REASONABLE AMOUNT OF TIME, THE
ADMINISTRATION SHALL SEEK DIRECTION FROM THE CITY COMMISSION,
WHICH WITH THE ADVICE OF THE CITY ATTORNEY, WILL DETERMINE THE
NEXT APPROPRIATE STEPS, WHICH MAY INCLUDE THE COMMENCEMENT
OF AN EMINENT DOMAIN PROCESS AGAINST THE 2811 OUTLOT PARCEL.
WHEREAS, on September 27, 2016, the Mayor and City Commission (City Commission)
adopted Resolution No. 2016-29584, which authorized the City Manager to accept the transfer to
the City, via quit claim deeds of approximately 4,000 linear feet of seawall along Indian Creek
Drive from private property owners adjacent to Indian Creek Drive, so that the City and the Florida
Department of Transportation (FOOT) may undertake the construction of a 5.7 NAVD elevation
seawall barrier wall to improve street drainage and raise the road elevation for Indian Creek Drive
between 26th Street and 41st Street; and
WHEREAS, on February 8, 2017, the City Commission adopted Resolution No. 2017-
29749, which authorized the City Manager to accept quit claim deeds with an easement
agreement, providing the upland property owners the ability to build a dock, or similar structure,
in the future, on the water-ward side of the seawalls; and
WHEREAS, on September 25, 2017, the City Commission adopted Resolution No. 2017-
29982, memorializing the action taken by the City Commission on May 17, 2017, which modified
Resolutions No. 2016-29584 and 2017-29749, so that the City Manager could accept the transfer
to the City via quit claim deed, easement agreement, or cross-easement agreement, and
extending the original authorization to include the area between 23rd Street and 26th Streets so
that the City and FDOT may extend the construction of the seawall barrier wall from 23rd Street
through 41st Street (Project Site); and
WHEREAS, the City approached property owners of the outlots located along Indian
Creek Drive/Lake Pancoast within the Project Site during the design phase of the seawall
installation project, requesting that property owners either provide an easement through their
outlot parcel or transfer the property to the City via quit claim deed, permitting the City to install a
new seawall at no cost to the property owners and permitting the City to construct a connecting
walkway and other public facilities at the outlot properties; providing, however, that in the case of
a deed transfer of the outlot parcel to the City, the property owner would retain an easement
through the outlot for access and construction of a dock in the future, subject to the property owner
securing the requisite regulatory approvals; and
WHEREAS, at its March 13, 2024 meeting, the City Commission approved a dual referral
(Item C4 I) to the Finance and Economic Resiliency Committee (FERC) and the Land Use and
Sustainability Committee (LUSC) to consider the creation of a new capital project to install an
extended seawall cap and/or the acquisition of the parcel directly west of Indian Creek Drive and
owned by the property located at 2811 Indian Creek Drive ("2811 Outlot Parcel") to complete the
Indian Creek pedestrian pathway; and
WHEREAS, the referral referenced a March 18, 2020 City Commission Resolution
(Resolution No. 2020- 31210), approving one (1)of two (2) concept plans prepared by landscape
architect Craven Thompson & Associates, Inc. ("Craven Thompson"), based on community
feedback, to restore landscape removed during the construction of the seawall that extends from
24th Street to 41st Street on the east side of the Indian Creek Canal/Waterway (i.e., on the west
side of Indian Creek Drive); and
WHEREAS, the approved concept plan provided connectivity for pedestrians between
three (3) anchor points: (1) 41st Street; (2)the pedestrian bridge at 28th Street; and (3)the south
end overlooking Lake Pancoast, and as part of the Resolution, the City Commission directed the
Administration to work with Craven Thompson to increase the pathway and landscaping in as
many areas as possible; and
WHEREAS, construction of the pathway in its current iteration was completed in 2023
("Pedestrian Pathway) and is reflected in the Indian Creek Greenway Plan prepared by Craven
Thompson, dated September 1, 2023 (Greenway Plan), a copy of which is attached to the City
Commission Memorandum accompanying this Resolution; and
WHEREAS, as highlighted in red in the Greenway Plan, the following areas currently do
not permit continuous passage over the Greenway ("Unconnected Pedestrian Pathway") for a
number of reasons; to wit:
• 28th Street near the pedestrian bridge (the City has not secured property rights to the
2811 Outlot Parcel);
• 31st through 35th Street (the City owns or has property rights to this segment of the
Unconnected Pedestrian Pathway; however, there may be a City structure blocking use
of the Pedestrian Pathway; the City may need consent to develop the Pedestrian Pathway
on water/land from a property owner under its agreement and/or secure governmental
approvals; or there is insufficient space to develop the Pedestrian Pathway; and
• Approximately from 37th Street to 39th Street(the City owns or has property rights to this
segment of the Unconnected Pedestrian Pathway; however, the City may need consent
to develop the Pedestrian Pathway over water from a property owner and/or secure
governmental approvals; and
WHEREAS, for the segments of the Unconnected Pedestrian Pathways in which the City
has a property interest in the land along the Pedestrian Pathway pursuant to an easement or a
Quit Claim Deed with a cross easement flowing to the property owner, the City Attorney's Office
would have to review the City's property rights, depending upon whether the path would be
developed on the land or on water, and determine whether or not a consent would be required
from the property owners; and
WHEREAS, for the segments of the Unconnected Pedestrian Pathway, Craven
Thompson created pedestrian starts/stops at certain pinch points where the pathway would
otherwise end; there are crosswalks at these pinch points to enable pedestrians who wish to walk
along the west side of ICD to cross over to the east side temporarily, until the next crosswalk that
can connect them back to the pathway; and this is less than ideal as pedestrians are forced to
cross ICD and cross back several times to get from 26th Street to 41st Street; and
WHEREAS, the Mid Beach Neighborhood Association (MBNA) requested that the City
consider the installation of a walkway over water connecting the pinch points along ICD to allow
for a continuous pathway from 26th Street to 41st Street; and
WHEREAS, the installation of a walkway over water would provide a safer solution for
pedestrians traveling north or south along ICD in Mid Beach and also allow residents and visitors
the ability to experience the City's natural beauty in a more intimate way; and
WHEREAS, at is May 24, 2024 FERC meeting, Committee members discussed the item
at length and made a favorable motion to proceed to the City Commission, directing the
Administration to work with the City Attorney to negotiate an access easement at 2811 Indian
Creek Drive or begin an eminent domain process; and prioritize, during the 2025 budget process,
a new capital project installing a walkway over water as part of the Indian Creek Pedestrian
Pathway; and
WHEREAS, on June 26, 2024, the Mayor and City Commission adopted Resolution No.
2024-33109, accepting the recommendation of the FERC, at its May 24, 2024 meeting, and
authorizing the Administration to prioritize funding during the 2025 budget process for a feasibility
study, estimated at $100,000.00, to determine the design and construction costs associated with
a new capital project to develop a walkway over water for the Unconnected Pedestrian Path, so
that funding for the design and construction may be determined for those segments of the
Unconnected Path for which the City, on its own or by securing the requisite consents or other
property rights, may proceed to complete the Indian Creek Pedestrian Pathway; and
WHEREAS, at the July 12, 2024 FERC Budget Workshop, FERC members funded the
$100,000.00 for the feasibility study, plus an additional $400,000.00 to cover design costs, under
Project No. 21026 (Over-Water Indian Creek Pedestrian Pathway), for a total amount of
$500,000.00, with the construction costs for this project to be funded after the feasibility study is
completed; and
WHEREAS, on June 26, 2024, the City Commission adopted Resolution No. 2024-33108,
accepting the recommendation of the FERC, at its May 24, 2024 meeting, with respect to the
completion of the Indian Creek Pedestrian Pathway along/near the 28th Street pedestrian bridge,
and authorizing the Administration to: (1) work with the City Attorney to negotiate with the owner
of the outlot located at 2811 Indian Creek Drive (2811 Outlot Parcel) to secure an easement or
other property rights deemed acceptable by the City Attorney, granting the City the right to develop
and maintain, at the City's sole cost, a connecting pedestrian pathway along the 2811 Outlot
Parcel; and, in the event that negotiations are not successful, (2) study the possibility of pursuing
an eminent domain proceeding against the 2811 Outlot Parcel, including securing appraisals and
any other information deemed relevant by the City Attorney in connection with providing the City
Commission with a recommendation as to whether or not to pursue an eminent domain
proceeding against to the 2811 Outlot Parcel, as a condition precedent to the commencement of
such legal proceeding; and
WHEREAS, the 2811 Outlot Parcel is the only segment of the Unconnected Pedestrian
Walkway in which the City does not have a property interest to develop the Pedestrian Walkway
and, in its current design, a pedestrian who crosses the 28th Street pedestrian bridge over Indian
Creek must walk north to the crosswalk at 29th Street, then use the sidewalk on the east side of
Indian Creek Drive to head south; and
WHEREAS, As noted in the March 13, 2024 referral item, sponsoring Commissioner Alex
Fernandez also wished to discuss the possibility of acquiring the 2811 Outlot Parcel; and
WHEREAS, the City has previously reached out to the property owner of the 2811 Outlot
Parcel during the design phase to either obtain a perpetual easement or acquire the 2811 Outlot
Parcel, with the property owner retaining the option of building a dock in the future; however, both
options were rejected, which required the City to modify the design for the 2811 Outlot Parcel to
the one currently in place; and
WHEREAS, although the City has already provided alternate routes for the use of an
Unconnected Pedestrian Pathway segment near the 28th Street bridge, due to the fact that the
public is not able to continue the Indian Creek Pedestrian Pathway along the 2811 Outlot Parcel,
it is reasonable and necessary for the City to consider improving the efficiency and safety of this
segment of the Unconnected Pedestrian Pathway; and
WHEREAS, pursuant to the direction from the May 24, 2024 FERC and June 26, 2024
City Commission, the City's outreach team made contact with the owner of the 2811 Outlot Parcel
during the first week of August to discuss the possibility of granting the City title or easement
rights to the 2811 Outlot Parcel for the development of a pedestrian pathway; however, the owner
was again not receptive to either of these options; and
WHEREAS, In connection with its due diligence related to a possible acquisition through
negotiation or eminent domain proceeding, if needed, for the purchase of an easement to develop
a six-foot connecting pathway ("Walkway Project"), the City Administration will order an appraisal
of the proposed six-foot easement area; and
WHEREAS, the 2811 Outlot Parcel was discussed once more at the September 5, 2024
LUSC meeting, where the City's Public Works and Legal Departments provided a status update
to the Committee members, and at the end of the discussion, the item was closed with a
recommendation to direct the Administration to negotiate with the owner of the 2811 Outlot Parcel
to secure an easement or other property rights deemed acceptable by the City Attorney, granting
the City the right to develop and maintain, at the City's sole cost, a connecting pedestrian pathway
along the 2811 Outlot Parcel (Transaction); provided that in the event the parties could not reach
agreement, that the City Commission could authorize the commencement of an eminent domain
process; and
WHEREAS, the terms of any negotiated Transaction would still be subject to approval by
the City Commission, and in the event the parties could not reach agreement as to the Transaction
within a reasonable amount of time, the Administration would seek direction from the City
Commission, which with the advice of the City Attorney, will determine the next appropriate steps;
and
WHEREAS, if ultimately the City Commission directs/approves the process of an eminent
domain proceeding, the Administration and the Owner of the 2811 Outlot Parcel would need to
comply with applicable law, including but not limited to Florida Statutes § 73.015.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Land Use and Sustainability Committee,
at its September 5, 2024 meeting, with respect to the completion of the Indian Creek Pedestrian
Pathway along/near the 28 Street pedestrian bridge, and authorize the Administration to negotiate
with the owner of the outlot located at 2811 Indian Creek Drive (2811 Outlot Parcel) to secure an
easement or other property rights deemed acceptable by the City Attorney, granting the City the
right to develop and maintain, at the City's sole cost, a connecting pedestrian pathway along the
2811 Outlot Parcel (Transaction), with the terms of such Transaction being subject to approval by
the City Commission; provided, however, that in the event that negotiations are not successful
within a reasonable amount of time, the Administration shall seek direction from the City
Commission, which with the advice of the City Attorney, will determine the next appropriate steps,
which may include the commencement of an eminent domain process against the 2811 Outlot
Parcel. /
PASSED and ADOPTED this day of(�DUPls12024.
Steven Meiner, Mayor
ATTEST:
NOV 2 2 2024
.7)I(
Rafael E. Granado, Secretary
EF�q ,
INCORPORATED.'
CH.
Sponsored by Vice Mayor Alex J. Fernandez APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
jdmit R toltuit
City Attorney 7 Date
Resolutions - C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: November 20, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE LAND
USE AND SUSTAINABILITY COMMITTEE, AT ITS SEPTEMBER 5, 2024
MEETING, WITH RESPECT TO THE COMPLETION OF THE INDIAN CREEK
PEDESTRIAN PATHWAY ALONG/NEAR THE 28 STREET PEDESTRIAN BRIDGE,
AND AUTHORIZING THE ADMINISTRATION TO WORK WITH THE CITY
ATTORNEY TO NEGOTIATE WITH THE OWNER OF THE OUTLOT LOCATED AT
2811 INDIAN CREEK DRIVE (2811 OUTLOT PARCEL) TO SECURE AN
EASEMENT OR OTHER PROPERTY RIGHTS DEEMED ACCEPTABLE BY THE
CITY ATTORNEY, GRANTING THE CITY THE RIGHT TO DEVELOP AND
MAINTAIN, AT THE CITY'S SOLE COST, A CONNECTING PEDESTRIAN
PATHWAY ALONG THE 2811 OUTLOT PARCEL (TRANSACTION), WITH THE
TERMS OF SUCH TRANSACTION BEING SUBJECT TO APPROVAL BY THE CITY
COMMISSION; PROVIDED, HOWEVER, THAT IN THE EVENT THAT
NEGOTIATIONS ARE NOT SUCCESSFUL WITHIN A REASONABLE AMOUNT OF
TIME, THE ADMINISTRATION SHALL SEEK DIRECTION FROM THE CITY
COMMISSION, WHICH WITH THE ADVICE OF THE CITY ATTORNEY, WILL
DETERMINE THE NEXT APPROPRIATE STEPS, WHICH MAY INCLUDE THE
COMMENCEMENT OF AN EMINENT DOMAIN PROCESS AGAINST THE 2811
OUTLOT PARCEL.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
On September 27, 2016, the Mayor and City Commission (City Commission) adopted Resolution
No. 2016-29584, which authorized the City Manager to accept the transfer to the City, via quit
claim deeds of approximately 4,000 linear feet of seawall along Indian Creek Drive from private
property owners adjacent to Indian Creek Drive, so that the City and the Florida Department of
Transportation (FOOT) may undertake the construction of a 5.7 NAVD elevation seawall barrier
wall to improve street drainage and raise the road elevation for Indian Creek Drive between 26th
Street and 41st Street.
On February 8, 2017, the City Commission adopted Resolution No. 2017-29749, which authorized
the City Manager to accept quit claim deeds with an easement agreement, providing the upland
property owners the ability to build a dock, or similar structure, in the future, on the water-ward
side of the seawalls. On September 25, 2017, the City Commission adopted Resolution No. 2017-
29982, memorializing the action taken by the City Commission on May 17, 2017, which modified
Resolutions No. 2016-29584 and 2017-29749, so that the City Manager could accept the transfer
to the City via quit claim deed, easement agreement, or cross-easement agreement, and
extending the original authorization to include the area between 23rd Street and 26th Streets so
that the City and FDOT may extend the construction of the seawall barrier wall from 23rd Street
through 41st Street (Project Site).
Page 415 of 1993
The City approached property owners of the outlots located along Indian Creek Drive/Lake
Pancoast within the Project Site during the design phase of the seawall installation project,
requesting that property owners either provide an easement through their outlot parcel or transfer
the property to the City via quit claim deed, permitting the City to install a new seawall at no cost
to the property owners and permitting the City to construct a connecting walkway and other public
facilities at the outlot properties; providing, however, that in the case of a deed transfer of the
outlot parcel to the City, the property owner would retain an easement through the outlot for
access and construction of a dock in the future, subject to the property owner securing the
requisite regulatory approvals.
At its March 13, 2024 meeting, the City Commission approved a dual referral (Item C4 I) to the
Finance and Economic Resiliency Committee (FERC) and the Land Use and Sustainability
Committee (LUSC)to consider the creation of a new capital project to install an extended seawall
cap and/or the acquisition of the parcel directly west of Indian Creek Drive and owned by the
property located at 2811 Indian Creek Drive ("2811 Outlot Parcel") to complete the Indian Creek
pedestrian pathway. The item was anticipated to be heard at the May 1, 2024, LUSC meeting,
but it was not reached. The item was heard at the May 24, 2024, FERC meeting.
The referral referenced a March 18, 2020 City Commission Resolution (Resolution No. 2020-
31210), approving one (1) of two (2) concept plans prepared by landscape architect Craven
Thompson & Associates, Inc. ("Craven Thompson"), based on community feedback, to restore
landscape removed during the construction of the seawall that extends from 24th Street to 41st
Street on the east side of the Indian Creek Canal/Waterway (i.e., on the west side of Indian Creek
Drive).
The approved concept plan provided connectivity for pedestrians between three (3)anchor points:
(1) 41st Street; (2) the pedestrian bridge at 28th Street; and (3) the south end overlooking Lake
Pancoast. The plan proposed varied layers of landscaping between the anchor points and the
connectivity, to buffer the barrier wall, to screen and open some views, and plant large shade
trees at the road intersections with Indian Creek Drive ("ICD") to limit traffic related light pollution
into the residential neighborhoods. As part of the Resolution, the City Commission directed the
Administration to work with Craven Thompson to increase the pathway and landscaping in as
many areas as possible.
Construction of the pathway in its current iteration was completed in 2023 ("Pedestrian Pathway)
and is reflected in the Indian Creek Greenway Plan prepared by Craven Thompson, dated
September 1, 2023 (Greenway Plan), a copy of which is attached hereto. As highlighted in red in
the Greenway Plan, the following areas currently do not permit continuous passage over the
Greenway ("Unconnected Pedestrian Pathway")for a number of reasons; to wit:
(1) 28th Street near the pedestrian bridge (the City has not secured property rights to
the 2811 Outlot Parcel);
(2) 31st through 35th Street (the City owns or has property rights to this segment of
the Unconnected Pedestrian Pathway; however, there may be a City structure blocking use of the
Pedestrian Pathway;the City may need consent to develop the Pedestrian Pathway on water/land
from a property owner under its agreement and/or secure governmental approvals; or there is
insufficient space to develop the Pedestrian Pathway; and
(3) Approximately from 37th Street to 39th Street (the City owns or has property rights
to this segment of the Unconnected Pedestrian Pathway; however, the City may need consent to
develop the Pedestrian Pathway over water from a property owner and/or secure governmental
approvals.
For the segments of the Unconnected Pedestrian Pathways in which the City has a property
interest in the land along the Pedestrian Pathway pursuant to an easement or a Quit Claim Deed
Page 416 of 1993
with a cross easement flowing to the property owner, the City Attorney's Office would have to
review the City's property rights, depending upon whether the path would be developed on the
land or on water, and determine whether or not a consent would be required from the property
owners.
For the segments of the Unconnected Pedestrian Pathway, Craven Thompson created pedestrian
starts/stops at certain pinch points where the pathway would otherwise end; there are crosswalks
at these pinch points to enable pedestrians who wish to walk along the west side of ICD to cross
over to the east side temporarily, until the next crosswalk that can connect them back to the
pathway; and this is less than ideal as pedestrians are forced to cross ICD and cross back several
times to get from 26th Street to 41st Street.
The Mid Beach Neighborhood Association (MBNA) requested that the City consider the
installation of a walkway over water connecting the pinch points along ICD to allow for a
continuous pathway from 26th Street to 41st Street. The installation of a walkway over water
would provide a safer solution for pedestrians traveling north or south along ICD in Mid Beach. An
additional benefit is that the continuous pathway would also allow residents and visitors the ability
to experience the City's natural beauty in a more intimate way.
At is May 24, 2024 FERC meeting, Committee members discussed the item at length and made
a favorable motion to proceed to the City Commission, directing the Administration to work with
the City Attorney to negotiate an access easement at 2811 Indian Creek Drive or begin an eminent
domain process, and prioritize, during the 2025 budget process, a new capital project installing a
walkway over water as part of the Indian Creek Pedestrian Pathway.
On June 26, 2024, the Mayor and City Commission adopted Resolution No. 2024-33109,
accepting the recommendation of the FERC, at its May 24, 2024 meeting, and authorizing the
Administration to prioritize funding during the 2025 budget process for a feasibility study,
estimated at $100,000.00, to determine the design and construction costs associated with a new
capital project to develop a walkway over water for the Unconnected Pedestrian Path, so that
funding for the design and construction may be determined for those segments of the
Unconnected Path for which the City, on its own or by securing the requisite consents or other
property rights, may proceed to complete the Indian Creek Pedestrian Pathway.
At the July 12, 2024 FERC Budget Workshop, FERC members funded the $100,000.00 for the
feasibility study, plus an additional $400,000.00 to cover design costs, under Project No. 21026
(Over-Water Indian Creek Pedestrian Pathway), for a total amount of$500,000.00. Construction
costs for this project would be funded after the feasibility study is completed.
2811 Indian Creek Drive Outlot Property:
On June 26, 2024, the City Commission adopted Resolution No. 2024-33108, accepting the
recommendation of the FERC, at its May 24, 2024 meeting, with respect to the completion of the
Indian Creek Pedestrian Pathway along/near the 28th Street pedestrian bridge, and authorizing
the Administration to: (1) work with the City Attorney to negotiate with the owner of the outlot
located at 2811 Indian Creek Drive (2811 Outlot Parcel)to secure an easement or other property
rights deemed acceptable by the City Attorney, granting the City the right to develop and maintain,
at the City's sole cost, a connecting pedestrian pathway along the 2811 Outlot Parcel; and, in the
event that negotiations are not successful, (2)study the possibility of pursuing an eminent domain
proceeding against the 2811 Outlot Parcel, including securing appraisals and any other
information deemed relevant by the City Attorney in connection with providing the City
Commission with a recommendation as to whether or not to pursue an eminent domain
proceeding against to the 2811 Outlot Parcel, as a condition precedent to the commencement of
such legal proceeding.
The 2811 Outlot Parcel is the only segment of the Unconnected Pedestrian Walkway in which the
Page 417 of 1993
City does not have a property interest to develop the Pedestrian Walkway and, in its current
design, a pedestrian who crosses the 28th Street pedestrian bridge over Indian Creek must walk
north to the crosswalk at 29th Street, then use the sidewalk on the east side of Indian Creek Drive
to head south. As noted in the March 13, 2024 referral item, sponsoring Commissioner Alex
Fernandez also wished to discuss the possibility of acquiring the 2811 Outlot Parcel.
The City has previously reached out to the property owner of the 2811 Outlot Parcel during the
design phase to either obtain a perpetual easement or acquire the 2811 Outlot Parcel, with the
property owner retaining the option of building a dock in the future; however, both options were
rejected, which required the City to modify the design for the 2811 Outlot Parcel to the one
currently in place.
Although the City has already provided alternate routes for the use of an Unconnected Pedestrian
Pathway segment near the 28th Street bridge, due to the fact that the public is not able to continue
the Indian Creek Pedestrian Pathway along the 2811 Outlot Parcel, it is reasonable and
necessary for the City to consider improving the efficiency and safety of this segment of the
Unconnected Pedestrian Pathway.
Pursuant to the direction from the May 24, 2024 FERC and June 26, 2024 City Commission
meeting, the City's outreach team made contact with the owner of 2811 Outlot Parcel during the
first week of August to discuss the possibility of granting the City title or easement rights to the
2811 Outlot Parcel for the development of a pedestrian pathway. The owner was again not
receptive to either of these options. In connection with its due diligence related to a possible
acquisition through negotiation or eminent domain proceeding, if needed, for the purchase of an
easement, to develop a six-foot connecting pathway ("Walkway Project"), the City Administration
will order an appraisal of the proposed six-foot easement area.
The 2811 Outlot Parcel was discussed once more at the September 5, 2024 LUSC meeting. The
City's Public Works and the Legal Departments provided a status update to Committee members,
and at the end of the discussion, the item was closed with a recommendation to direct the
Administration to work with the City Attorney to negotiate with the owner of the 2811 Outlot Parcel
to secure an easement or other property rights deemed acceptable by the City Attorney (following
a Procurement process, a request for an appraisal of the outlot was submitted by City Staff on
November 6, 2024, and expected to be completed in four (4) weeks), granting the City the right
to develop and maintain, at the City's sole cost, a connecting pedestrian pathway along the 2811
Outlot Parcel (Transaction); provided that in the event the parties could not reach agreement, that
the City Commission could authorize the commencement of an eminent domain process. The
terms of any negotiated Transaction would still be subject to approval by the City Commission,
and in the event the parties could not reach agreement as to the Transaction within a reasonable
amount of time, the Administration would seek direction from the City Commission, which with the
advice of the City Attorney, will determine the next appropriate steps. Additionally, if ultimately
the City Commission directs/approves the commencement of an eminent domain process, the
Administration and the Owner of the 2811 Outlot Parcel would need to comply with applicable
law, including but not limited to Florida Statutes §73.015.
FISCAL IMPACT STATEMENT
No fiscal impact
CONCLUSION
The Administration recommends accepting the recommendation from the Land Use and
Sustainability Committee, at its September 5, 2024 meeting, with respect to the completion of the
Indian Creek Pedestrian Pathway along/near the 28 street pedestrian bridge, and authorizing the
Administration to work with the City Attorney to negotiate with the owner of the 2811 Outlot Parcel
to secure an easement or other property rights deemed acceptable by the City Attorney, granting
Page 418 of 1993
the City the right to develop and maintain, at the City's sole cost, a connecting pedestrian pathway
along the 2811 Outlot Parcel (Transaction), with the terms of such Transaction being subject to
approval by the City Commission; provided, however, that in the event that negotiations are not
successful within a reasonable amount of time, the Administration shall seek direction from the
City Commission, which with the advice of the City Attorney, will determine the next appropriate
steps, which may include the commencement of an eminent domain process against the 2811
Outlot Parcel.
Applicable Area
Middle Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Commissioner Alex Fernandez
Condensed Title
Accept the LUSC recommendation to begin negotiations for outlot parcel 2811 Indian Creek
Drive
Page 419 of 1993
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Summary Report
Generated On. 04/26/2024
Folio 02-3226-001-0990 li 1
R
2811 INDIAN CREEK DR S
Property Address MIAMI BEACH, FL 33140-4706 '){
Owner WATERCUP 2811 LLC 'II
5901 NW 151 ST 126 `'
..:
Mailing Addressr �- ?
MIAMI LAKES, FL 33014 - Zip! •• •
Primary Zone 4000 MULTI-FAMILY-63-100 U/A y . it S-
Primary Land Use 0802 MULTIFAMILY 2-9 UNITS: 2 LIVING • ,�^1 -
UNITS 1 -
r h„I - /'-
Beds/Baths/Half 6/4/0 ` s f, . i v
_,,,,..
Floors 2 " r *�IP*
IliLiving Units 2 It, ?eT " .
Actual Area 2,903 Sq.Ft S j�"�
160— N
Living Area 2,553 Sq.Ft �
Adjusted Area 2,480 Sq.Ft , k
Lot Size 4,450 Sq.Ft
Year Built 1932
Year 2023 2022 2021
111111111111111111111 COUNTY
Year 2023 2022 2021 Exemption Value $0 $0 $0
Land Value $884,500 $884,500 $884,500
Building Value $229,152 $229,152 $172,608 Taxable Value $1,113,867 $1,113,870 $1,057,328
SCHOOL BOARD
Extra Feature Value $215 $218 $220
Exemption Value $0 $0 $0
Market Value $1,113.867 $1,113,870 $1.057,328 Taxable Value $1,113,867 $1,113,870 $1,057,328
Assessed Value $1,113,867 $1,113,870 $1,057,328
CITY
Exemption Value $0 $0 SO
Benefit Type 2023 2022 2021
Taxable Value $1,113,867 $1,113,870 $1,057,328
Note:Not all benefits are applicable to all Taxable Values(i.e.
County, School Board, City, Regional). REGIONAL
Exemption Value $0 $0 $0
M B IMPROVEMENT CO SUB PB 5-7 Taxable Value $1,113,867 $1,113,870 $1,057,328
NW7OFT LOT 11 &TR OPP SAME
FACING INDIAN CREEK BLK 10
Previous Sale Price OR Book- Qualification
LOT SIZE IRREGULAR Page Description
OR 17176-3791 0496 1 04/05/2016 $1.450,000 30031-0373 Qual by exam of deed
12/22/2009 $100 27148-1270 Affiliated parties
04/01/1996 $185,000 17176-3791 Sales which are
qualified
The Office of the Property Appraiser is continually editing and updating the tax roll This website may not reflect the most current information
on record. The Property Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at
httl). www rniarnidadt?goviinfoidisclaimer.asp
Page 431 of 1993