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96-21899 RESO RESOLUTION NO. 96-21899 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA RATIFYING THE MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON FEBRUARY 20, 1996, REGARDING ACQUISITION OF THE PROPERTY HAVING A STREET ADDRESS OF 1581 WASHINGTON AVENUE, LEGALLY DESCRIBED ON EXHIBIT "A" WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN; SAID ACQUISITION DEEMED AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVIT ALIZA TION AREA HOTEL PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS NECESSARY. WHEREAS, it is necessary, beneficial and in the public interest to construct a public street at 16th Street between Washington and Collins Avenues; and WHEREAS, the construction of the street will, among other things, fulfill the public purposes of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention center hotel, enhancing the ability and quality of ingress and egress from a public parking garage to be located just south of the new street and facilitating safe pedestrian and vehicular traffic between the Loews Miami Beach and other hotels and the Miami Beach Convention Center; and WHEREAS, in order to construct the street, it is necessary for the Miami Beach Redevelopment Agency (the "RDA") to acquire, by purchase, donation or eminent domain proceedings, fee simple title to the property (the "Property") having a street address of 1581 Washington Avenue, which is legally described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the RDA is authorized pursuant to, among other authorities, Florida Statute Section 163.370, to acquire property and to construct, reconstruct, plan and replan streets and roads; and WHEREAS, the Mayor and the City Commission by Resolution No. 92-20646 and the Dade County Commission by Resolution No. R-14-93 declared the area known as the City Center/Historic Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated; and WHEREAS, on February 20,1996, the RDA Board adopted a Resolution, attached hereto and incorporated herein as Exhibit "B", finding, determining, and declaring the acquisition of the Property to be a public necessity and in the best interest of the City, and further authorizing the RDA to institute eminent domain proceedings on the Property, including the filing of a declaration of taking, to acquire fee simple title to same for use in connection with the construction of a public street and the City CenterIHistoric Convention Village Redevelopment and Revitalization Area hotel project; and WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, with the specific approval of the municipality, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment and related activities. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The Mayor and City Commission hereby ratify the Miami Beach Redevelopment Agency Resolution adopted on February 20, 1996, regarding acquisition of the property having a street address of 1581 Washington Avenue, Miami Beach, Florida, whose legal description is on Exhibit "A" attached hereto and incorporated herein. Section 2. The acquisition of the fee simple title interest to the Property is deemed and declared to be necessary for, and in connection with, community redevelopment and related activities under Chapter 163, Part III, Florida Statutes and the City CenterIHistoric Convention Village Redevelopment and Revitalization Area hotel project. Section 3. The Mayor and City Commission hereby specifically approve and authorize the acquisition of the fee simple title interest to the Property by the RDA through the filing of eminent domain proceedings, pursuant to Section 163.375, Florida Statutes, including a declaration of taking, as necessary. Section 4. This Resolution shall take effect immediately upon its passage. PASSED and ADOPTED this February ATTEST: _Ro~~ r~ CITY CLERK AIT\kw c:wpwin60\resos\ 1581 emdo.res Attachments FORM APPROVED LEGAL DEjT" By 1f fJIdL. Date ?f I~ /!~_.. 2 That part of 16th street as same is shown marked and designated on the plat of FISHER'S PIRST SUBDIVISION OF ALTON BEACH, according to the plat thereof, as recorded in Plat Book 2, at Page 77, of the Public Records of Dade County, Florida described as follows: Beginning at the NoX"thwest corner of Lot 11 in Block 57 run North along EaBt line of WAshington Avenue 70 feet to South line of Lot 22 of Block 54; thence East along South line of Lot 22, 225 feet1 thence South 70 feet to North line of Lot 10, Block 57, thence West 225 feet to the po~nt of beginning. ., .. . . .. . . EXHIBITIIAII RESOLUTION NO. A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY DEEMING AND DECLARING ACQUISITION OF FEE SIMPLE TITLE TO THE PROPERTY HAVING A STREET ADDRESS OF 1581 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, TO BE FOR THE PUBLIC PURPOSE OF CONSTRUCTING A PUBLIC STREET AT 16TH STREET BETWEEN WASHINGTON AND COLLINS AVENUES, AND DEEMING AND DECLARING THE ACQUISITION AS NECESSARY FOR, AND IN CONNECTION WITH, COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES; AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY PURCHASE, DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND A DECLARATION OF TAKING, AS NECESSARY. WHEREAS, it is necessary, beneficial and in the public mterest to construct a public street at 16th Street between Washington and Collins Avenues; and WHEREAS, the construction of the street will, among other things, fulfill the public purposes of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention center hotel, enhancing the ability and quality of ingress and egress from a public parking garage to be located just south of the new street and facilitating safe pedestrian and vehicular traffic between the Loews Miami Beach and other hotels and the Miami Beach Convention Center; and WHEREAS, in order to CQIlstruct the street, it is necessary for the Miami Beach Redevelopment Agency (the "RDA") to acquire, by purchase, donation or eminent domain proceedings, fee simple title to the property (the "Property") having a street address of 1581 Washington Avenue, which is Jegally described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the RDA is authorized pursuant to, among other authorities, Florida Statute Section 163.370, to acquire property and to construct, reconstruct, plan and replan streets and roads; and WHEREAS, the Mayor and the City Commission by Resolution No. 92-20646 and the Dade County Commission by Resolution No. R-14-93 declared the area known as the City CenterlHistoric Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated; and EXHIBIT "BII WHEREAS, the RDA has adopted a redevelopment plan for the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, acquisition of property is a remedy to eliminate slum and blight; and WHEREAS, the Summary of Findings Pertaining to Proposed Convention Headquarter Hotels in Miami Beach, Florida, dated March, 1990, prepared by Laventhol & Horwath and the Miami Beach Convention Village, Phase One: Convention Hotel Compatibility Study dated September, 1992, prepared by Wallace, Roberts & Todd, Zyscovich, Inc., Kenneth Leventhal & Co., Hardy, Holzman Pfeiffer Associates and other studies determined that in order for the Miami Beach Convention Center to survive, convention hotels supporting the Convention Center were necessary in the immediate area; and WHEREAS, the RDA finds, determines and declares that the acquisition of the Property is a public necessity and is necessary, practical and in the best interest of the City; and WHEREAS, the Executive Director of the RDA recommends that the RDA authorize the RDA's General Counsel to institute eminent domain proceedings on the Property; and WHEREAS, the RDA deems, finds, determines and declares that it is necessary to acquire fee simple title to the Property in connection with community redevelopment and related activities and the City CenterIHistoric Convention Village hotel project; and WHEREAS, the RDA finds, determines and declares that the acquisition of the Property by purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the public use and benefit. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that: 1. The RDA finds, determines, and declares that those matters set out in the foregoing recitals are true and correct, and they are hereby incorporated as a portion of this Resolution. 2. The recommendation of the Executive Director of the RDA that the RDA's General Counsel institute condemnation proceedings in order to acquire the fee simple title interest to the Property in connection with community redevelopment and related activities and the City Center/Historic Convention Village hotel project is hereby accepted and approved. 3. The acquisition of the fee simple title interest to the Property is deemed and declared to be necessary for, and in connection with, community redevelopment and related activities under Chapter 163, Part III, Florida Statutes and the City CenterIHistoric Convention Village Redevelopment and Revitalization Area hotel project. 2 4. The RDA finds, determines, and declares that acquisition of the fee simple title interest to the Property by purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the public use and benefit. 5. The RDA finds, determines and declares that the acquisition of the fee simple title interest to the Property is a public necessity and is necessary, practical and in the best interests of the City. 6. The RDA authorizes the Executive Director of the RDA and the RDA's General Counsel, through special counsel engaged for such purposes, to acquire the fee simple title interest to the Property through purchase, donation, or eminent domain proceedings, including a declaration of taking. 7. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this _ day of ,1996. CHAIRMAN ATTEST: SECRETARY AIT/kw c:\wpwin60\resos\1581 emdo.rda FORM APPROVED LEGAL DEPT BY~ Date 1/ I f)jdJb" 3 That part of 16th Street as same is shown marked and designated on the Plat of FISHER'S FIRST SUBDIVISION OP ALTON BEACH, according to the plat thereof, as recorded in Plat Book 2, at Page 77, of the Public Records of Dade County, Florida described as follows: Beginning at the Northwest corner of Lot 11 in Block 57 run North along EaBt line of WAshington Avenue 70 feet to South line of Lot 22 of Block 54; thence East along South line of Lot 22, 225 feet1 thence South 70 feet to North line of Lot 10, Block 57, thence West 225 feet to the po~nt of beginning. ~ ; .. . .- EXHIBIT"A" CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. q q -910 Mayor Seymour Gelber and Members of the City Commission DATE: February 20, 1996 Jose Garcia_pedros~ City Manager A Resolutio Ratifying the Miami Beach Redevelopment Agency Resolution Adopted on February 20, 1996, Regarding Acquisition of the Property Having a street Address of 1581 Washington Avenue, Legally Described on Exhibit "A"i Said Acquisition Deemed and Declared to be Necessary in Conjunction with Community Redevelopment and Related Activities and the City Center/Historic Convention Village Redevelopment and Revitalization Area Hotel Projecti and Specifically Approving and Authorizing the Acquisition of the Property by the Miami Beach Redevelopment Agency through the Filing of Eminent Domain Proceedings, Including a Declaration of Taking, as Necessary. RECOMMENDATION: Approve the Resolution. BACKGROUND: At the November 8, 1995 Commission meeting, Resolution #95-21812 was adopted determining that the acquisition of fee-simple title to the property located at 1581 Washington Avenue was a public purpose and directing the acquisition by purchase, donation or the filing of eminent domain proceedings. A $2 million grant from the state of Florida was the source of funds for this purchase, and for the continuation of the Sixteenth Street right-of-way between Collins Avenue and Washington Avenue. As identified in Commission Memorandum No. 825- 95, dated November 8, 1995, the Miami Beach Redevelopment Agency (the Agency) is proceeding with its goal of economic stimulation and development in the City Center/Historic Convention Village (CC/HCV) redevelopment area, and is negotiating for the development of convention-quality hotel(s). AGENDA ITEM R'lG 2-2()-C}L, DATE ANALYSIS: The above referenced property is necessary to develop a public street as access to the garage and the garage facility itself, as well as to permit proper traffic circulation and to create a view corridor. The Miami Beach Redevelopment Agency will issue bonds to finance the construction of the proposed parking garage. This facility, upon completion of the construction, will be owned by the Agency and portions will be leased to the Convention Hotel operators. A management agreement for the operation of the garage with the St. Moritz Hotel Corporation (SMHC), the operator of the major Convention Hotel, is anticipated. Currently, the SMHC has undertaken the design phase of this garage. At the advice of counsel, it has been determined that the Miami Beach Redevelopment Agency should serve as the acquisition agent for this property, as well as the property at 1575 Washington Avenue, which was approved by the Agency on November 8, 1995, by Resolution # 224-95, and the City Commission on November 8 and November 21, 1995, by Resolution # 95-21811 and Ordinance # 95- 3021. Contact has been made with the State of Florida, and in all likelihood the grant agreement with the City of Miami Beach can be amended to name the Miami Beach Redevelopment Agency as the grant recipient. The two appraisals of the property prepared in February, 1995, and updated in October, 1995, will be utilized, and if determined necessary will be again updated. CONCLUSION: It is recommended that the City Commission approve the attached Resolution ratifying the actions of the Agency to acquire the property having a street address of 1581 Washington Avenue, Miami Beach, by purchase, donation, or the filing of eminent domain proceedings and declaration of taking, as necessary, as the potential site for a public access road, view corridor, and public parking garage. JGP:MSD:jm ~