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83-17431 RESOLUTION NO. 83-17431 RESOLUTION APPROVING SITE SELECTION AS TO LOCATION OF NORTH SHORE PARK EXTENSION; DECLARING ACQUISITION OF THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS ALL OF BLOCKS 10, 11 AND 12 , PLUS ONE-HALF INTEREST IN ATLANTIC WAY ON THE EAST, CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT BOOK 31, PAGE 40 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND ALL OF BLOCKS 5, 6 , AND 7 , PLUS ONE-HALF INTEREST IN ATLANTIC WAY ON THE WEST AND EXTENDING EASTWARD TO THE EROSION CONTROL LINE, CORRECTED PLAT OF ALTOS DEL MAR NO. 31, PLAT BOOK 31, PAGE 40 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY; AUTHORIZING THE ACQUISITION OF SAID PROPERTIES BY PURCHASE, DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND DECLARATION OF TAKING, AS NECESSARY. WHEREAS , for reasons more particularly set forth in Commission Memorandum No. 497-83, the City Commission desires to approve the selection of all the privately owned property located between Collins Avenue and the Atlantic Ocean and between 76th Street and 79th Street in the records of the Florida Department of Natural Resources, Tallahassee, Florida, as the site of the location for the North Shore Park Extension; and WHEREAS, for the purposes of extending the current North Shore Open Space Park , the City of Miami Beach desires to acquire several parcels of land located in the City of Miami Beach within the area located between Collins Avenue and the Atlantic Ocean and between 76th Street and 79th Street in the records of the Florida Department of Natural Resources, Tallahassee, Florida; and WHEREAS, the legal descriptions of the specific properties to be acquired are: All of Blocks 10 , 11 and 12, plus one-half interest in Atlantic Way on the East, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40 of the Public Records of Dade County, Florida; and All of Blocks 5, 6, and 7, plus one-half interest in Atlantic Way on th West and extending Eastward to the Erosion Control Line, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40 , 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 properties for use in connection with extension of OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE •MIAMI BEACH,FLORIDA 33139 the North Shore Open Space Park; and WHEREAS, 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; and WHEREAS, the City Commission finds, determines, and declares that the acquisition of the above-described properties by purchase, donation, or eminent domain proceedings is for the public use and benefit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: 1. This City Commission finds, determines, and declares that the matter set out in the foregoing recitals are true and correct and they are hereby incorporated as a part of this Resolution. 2. The recommendation of the City Manager that all the privately owned property located between Collins Avenue and the Atlantic Ocean and between 76th Street and 79th Street in the records of the Florida Department of Natural Resources, Tallahassee, Florida, be selected as the site for the extension of North Shore Open Space Park is hereby accepted and approved. 3 . The recommendation of the City Manager as to the acquisition of the site for the extension of the North Shore Open Space Park is hereby accepted and approved. 4 . The City Commission declares that it is necessary to acquire fee simple title to all of Blocks 10, 11, and 12 , plus one-half interest in Atlantic Way on the East, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40, of the Public Records of Dade County, Florida, and all of Blocks 5, 6, and 7, plus one- half interest in Atlantic Way on the West and extending Eastward to the Erosion Control Line, Corrected Plat of Altos Del Mar No. 1, Plat Book 31, Page 40 , of the Public Records of Dade County, Florida. 5. This City Commission authorizes the City Manager and the City Attorney, through their staffs or through special counsel OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 engaged for such purposes to acquire the above-described properties through purchase, donation, or through eminent domain proceedings, including declaration of taking subject to the State ' s funding of any parcels acquired through eminent domain, such funding to be provided for in a written contract entered into between the State of Florida and the City of Miami Beach outlining the respective obligations of the parties. PASSED and ADOPTED this 20th day of July, 1983 . VICE YOR ATTEST: --4,La,(77ti-'' )7)airitt,17 -1 CITY CLERK JK/jhd 7283BA FORM APPROVED LEG 1, OTT. Date 3- ao .3. OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 • eat, 'Y4aou 'eat w . • FLORIDA 3 3 1 3 9 INCOOP 7LD * "VACATIONLANU U. S. A. - 14. . " • OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 1 1D p COMMISSION MEMORANDUM NO. i !7- Q DATE: July 20, 1983 TO: Mayor Norman C.• ent an, 0 Members of th- ity Co ,mi-,0:0 4. FROM: Rob W. Parki s 4 /� • City Manager :4 ..� SUBJECT: STATUS REPORT ON NORTH SHORE OPEN SPACE PARCEL UNDER THE "SAVE OUR COASTS" PROGRAM On June 21, 1983 the Florida Cabinet, acting as Trustee for State lands, considered funding additional properties under the "Save Our Coasts" Program. Testimony was received from advocates representing the City and the Miami Beach Chamber of Commerce urging the Cabinet to approve the first phase of funding for the North Shore Park extension. Testimony was also received from property owners and attorneys representing property owners opposing acquisition of their properties for public purposes. By motion of Governor Bob Graham, the Florida Cabinet allocated and set aside $2,595,000 as a State contribution toward the purchase of certain North Shore Open Space parcels for which option agreements have been executed as of June 21, 1983. This motion was approved pending receipt and approval by the Florida Cabinet of a Plan of Acquisition which will ensure that all the property in the North Shore Site can be acquired. This condition, precedent to State funding, was included to ensure that the other properties needed to avoid an irregular or "checkerboard" pattern of public ownership can be acquired. The Florida Cabinet needs this assurance as the Cabinet does not have within its authority the power of eminent domain. During the 1983 Legislative Session, the Florida House of Representatives passed a Bill granting eminent domain over the North Shore Site but this Bill failed to receive the necessary support of the Florida Senate based upon a Senate philosophy that any eminent domain decisions should be made by the local governmental entities. The City Administration staff has met with various State officials to discuss a Plan of Acquisition and Dr. Elton Gissendanner, Director of the Department of Natural Resources, has given his conceptual approval of a suggested City Administration proposal to have the Miami Beach City Commission authorize eminent domain procedures over the subject site, but withholding execution of that authority until such time as the State of Florida allocates the necessary additional funding for acquisition of the remaining properties. The conditions and agreements within Resolution No. 83-17309 and 83-17383 setting forth the City's agreed upon participatory match, management and operational schedule and public intent would still remain in effect. The Department of Natural Resources has notified the City that the North Shore "Save Our Coasts" application is expected to be slated for further consideration by the Florida Cabinet on August 2, 1983 and immediate City action in the form of a Resolution committing to an acquisition plan is necessary. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission issue a Resolution authorizing eminent domain for the North Shore parcel subject to the State's funding of any parcels acquired through eminent domain provided for in a written contract entered into between the State of Florida and the City of Miami Beach outlining the respective obligation of the parties. RWP:RSL:gjg AGENDA CR-)3 -C ITEM DATE 7-7 b -