2001-24489 RESO
RESOLUTION NO. 2001-24489
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER PUBLIC
COMMENT, AS REQUIRED BY ORDINANCE NO. 92-2783, REGARDING THE SALE OF
APPROXIMATELY 17 SQ. FEET OF THE CITY-OWNED RIGHT -OF- WAY ADJACENT
TO THE PROPERTY LOCATED AT 825-845 LINCOLN ROAD, MIAMI BEACH, MIAi'\1I-
DADE COUNTY, FLORIDA.
WHEREAS, Lincoln 845 LLC, a Florida Limited Liability Company (owner/applicant) owns the
properly at 825-845 Lincoln Road, legally described as the west \I, of Lot I, Block 36 of Amended Plat of Golf
Course Subdivision, as recorded in Plat Book 6, Page 26 of the Public Records of Miami-Dade County,
Florida; and
WHEREAS, Lincoln 845 LLC, has proposed to do a full restoration of the properly located at 825-
845 Lincoln Road and said properly being in the Flamingo Park Local Historic District of the City of
Miami Beach, had to be reviewed by the Historic Preservation District; and
WHEREAS, on April 10, 2001, the Historic Preservation Board reviewed the reconstruction plans
of the above mentioned properly and required the restoration of an original tower element in the front of the
building; and
WHEREAS, the reconstruction of this tower requires the use of approximately 1 foot wide strip of
the Lincoln Road right-of-way; and
WHEREAS, in order to use said public right-of-way, owner/applicant has requested the City to
vacate this strip of right-of-way; and
WHEREAS, owner/applicant has submitted all the application requirements for the vacation of City
right-of-way, and pursuant to Section 92-2783, the Mayor and City Commission are required to hold a public
hearing to consider the aforestated request.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider
a request by Lincoln 845 LLC, for the vacation of approximately 17 square feet of the Lincoln Road right-of-
way adjacent to 825-845 Lincoln Road, is hereby called to be held before the Mayor and City Commission in
their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on
July 18,2001 beginning at10:4Sa.m,and the City Clerk is hereby authorized and directed to publish
appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place
all interested parties will be heard.
Passed and Adopted this 27 th day of J.une ,2001.
~{ PaA-~
CITY CLERK
#!!YOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
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AppraisalFirst inc.
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ORLANDO
222 S. Weslmonte Dnve. SUlle 1\6
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May 24,2001
Beilinson Architects
c\o Mr. Les Beilinson
790 NW 107th Avenue, Suite 306
Miami, Florida 33172
Re: A 16.67 foot by 1 foot encroachment or 16,67 square feet located at 825-845
Lincoln Road, Miami Beach, Florida 33139.
Dear Mr. Beilinson:
As requested I have prepared the attached limited, restricted use, appraisal report
ofthe above referenced property. The purpose of the report is to estimate the "As
Is" Market Value of the subject property, in fee simple title, as of May 20, 2001.
Market Value may be defined as the most probable price in terms of money which
a property should bring in a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus.
This is a Complete, Restricted Use, Appraisal Report which is intended to comply
with reporting requirements set forth under Standards Rule 2-2(c) of the Uniform
Standards of Professional Appraisal Practice. As such, it presents only summary
discussions of the data, reasoning, and analysis that were used in the appraisal
process to develop the appraiser's opinion of value. Supporting documentation
concerning the reasoning, and analysis is retained in the appraiser's file. The depth
of discussion contained in this report is specific to the needs ofthe client and for
the intended use. The appraiser is not responsible for unauthorized use of this
report.
Mr. Les Beilinson
Page Two
Furthermore in accordance with an agreement between the client and the appraiser, this report is the
result of a complete, restricted use, appraisal process in which no allowable departures from specific
requirement ofthe Uniform Standards of Professional Appraisal Practice were invoked. The subject
property is basically vacant site. As a result the only applicable approach to value is the Sales
Comparison Approach. Therefore the this appraisal does not invoke the departure provision from
standard rule 1-4. This report is considered to be a complete appraisal in a restricted use report
format.
The subject property is a part of a parent site that contains 22,500 square feet of commercially zoned
land located on the northeast comer of Lincoln Road and Jefferson Avenue, lying within the City
of Miami Beach, Florida. The property is improved with a partial, two-story, commercial building
that contains 21,000 :t square feet. The building was originally completed in 1925 and is currently
in an average condition.
The original construction of the building included a stair tower that encroached 16.67 square feet (I
foot in depth and 16.67 feet in width) along Lincoln Road, at the center of the building. In 1953 the
stair tower was removed and corrugated siding was added. Also the arched facade openings were
covered. The owner ofthe property is planning to construct a 50 foot addition to the rear ofthe site.
As part of the renovations the owner is planning to restore the building to its original form. As such,
the City of Miami Beach is requiring that the stair tower be reconstructed. Because the stair tower
encroached onto Lincoln Road the owner will have to buy the land area from the City of Miami
Beach. Therefore the subject property to be appraised is the 16.67 square foot encroachment area
onto Lincoln Road.
.
.
In itself the subject property will only have a nominal value, if any. However, since the
encroachment area is a necessary part ofthe renovation ofthe parent tract the resulting market value
should be commensurate with market value, on a per square foot basis, ofthe parent tract. This type
of valuation is typical when appraising encroachment or right-of-way areas.
.
.
The site size of the subject property was premised upon the: survey completed by Juan R. MartineZ
& Associates, Inc" dated April, 1997,job number 33110; and the architectural plans completed by
Beilinson Architects, dated February, 200 I ,job number 2000-39. Any variation from the survey and
architectural plans may have an impact on the market value indication via this appraisal.
Mr. Les Beilinson
Page Three
In my opinion, the "As Is" Market Value of the subject property, in fee simple title, as of May 20,
2001, is:
FOUR THOUSAND TWO HUNDRED DOLLARS
($4,200)
This appraisal has been made in accordance with the Standards of Practice and Code of Ethics of the
Appraisal Institute and the guidelines according to USPAP and FIRREA. Please be advised that
lending institutions are required to order appraisals for federally related transactions. The
reports are intended only for the purpose of an internal valuation determining the market
value of the encroachment area of the proposed stair tower.
,
Frank Hornstein, MAl
State Certified General Real
Estate Appraiser, No. 0001376
.
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EXECUTIVE SUMMARY
Property Type:
A 16.67 square foot portion of a parent tract that encroaches
into the right-of-way of Lincoln Road.
Location:
825-854 Lincoln Road
Miami Beach, Florida 33139
Site Size:
16.67 square feet (16.67' by 1')
Zoning:
CD-3, a commercial high intensity district by the City of
Miami Beach, Florida.
Date of Value:
May 20, 2001
VALUE INDICATION
Sales Comparison Approach:
$4,200
FINAL "AS IS" MARKET VALUE ESTIMATE: $4,200
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193 LINCOLN 845 LLC 5670-000 193052101 OS/21/01 Administration cost 5,000.00 0,00 5,000.00
Payor: JENEL MANAGEMENT CORP. Date Check No. Check Amount
Payee: CITY OF MIAMI BEACH OS/21/01 32058 $5,000.00
Fletain this statemen\ tor vour records
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JENEL MANAGEMENT CORP. /(L: f2S -/~_" HSBC Bank USA
AGENCY ACCOUNT c{ vhcrCrr ~ 452 Fifth Avenue
275 Madison Avenue, Suite 702 ~ ~ FL New York, NY 10018
New York, NY 10016 I
1-108/210
BRANCH 03\
Date Check No.
OS/21/01 32058
FIVE THOUSAND and 00/100 DOLLARS
Check Amount
$5,000.00
Pay to the order of:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO.
lfIO-OI
FROM:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
Jorge M. Gonzalez (l~
City Manager
DATE: June 27, 2001
TO:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO
CONSIDER PUBLIC COMMENT, AS REQUIRED BY ORDINANCE NO.
92-2783, REGARDING THE SALE OF APPROXIMATELY 17 SQ. FEET OF
THE CITY-OWNED RIGHT-OF-WAY ADJACENT TO THE PROPERTY
LOCATED AT 825-845 LINCOLN ROAD, MIAMI BEACH, MIAMI-DADE
COUNTY, FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Pursuant to City Code, Chapter 82, Article II, Section 82-37, prior to the sale of city property, the
City Commission shall schedule a public hearing to consider the request for vacation of the right-
of-way.
Lincoln 845 LLC, a Florida Limited Liability Company and owner of the property located at 825-845
Lincoln Road, has completed the application requirements for the purchase/vacation of a portion of
the Lincoln Road right-of-way, to be used in the reconstruction of a historical tower. The historical
tower will project about 1 foot into the right-of-way.
The reconstruction of the tower is required by the City's Historic Preservation Board.
ANALYSIS
Pursuant to City Code, Chapter 82, Article II, Section 82-37, the applicant has complied with the
application requirements, submitted the application fee and provided a list of property owners within
a radius of 375 feet to be notified of the scheduled public hearing.
AGENDAITEM C7l.j
DATE r,-27-()(
Commission Memorandum
June 27, 2001
Sale of City-Owned Right of Way Adjacent to 825-845 Lincoln Rd.
Page 2
Lincoln 845 LLC, a Florida Limited Liability Company owns the property at 825-845 Lincoln Road,
legally described as the west Yz of Lot I, Block 36 of Amended Plat of Golf Course Subdivision, as
recorded in Plat Book 6, Page 26 of the Public Records of Miami-Dade County, Florida. The
owner/applicant is requesting the restoration of a tower element in the front of the building, which
will be encroaching approximately 1 foot into the right-of-way, in accordance with the direction of
the City's Historic Preservation Board,
An appraisal was conducted by Appraisal First, Inc. for the purpose of obtaining the market value of
the site. The market value of the subject site was estimated to be $4, 200.00, as follows: 16.67 ft. x
one ft, x $250.00/Sq. Ft.
The Owner has provided the City with a check for $5,000.00, which is the minimum amount required
by Ordinance,
The City Commission is required to schedule a public hearing allowing fifteen days notice to the
property owners within 375 feet ofthe site, in order to consider this application for sale/vacation
of the right-of-way.
CONCLUSION
The City Commission should set a time and date for a public hearing to consider this application
for sale/vacation ofthe right-of-way.
JMGA~K
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