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Ordinance 95-2967 ORDINANCE NO. 95-2967 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING CITY OF MIAMI BEACH RESOLUTION NO. 94-21432 AND MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION NO. 186-94,RESPECTIVELY, REGARDING ACQUISITION OF THE PROPERTY KNOWN AS THE SHORECREST HOTEL, LOCATED AT 1535 COLLINS AVENUE, MIAMI BEACH,FLORIDA,AND LEGALLY DESCRIBED AS THE NORTH 1/2 OF LOT 4 AND THE SOUTH 40 FEET OF LOT 5; AND SOUTH 40 FEET OF LOT 16 AND THE NORTH 1/2 OF LOT 17, BLOCK 56, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, MIAMI BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2,PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THAT PARCEL OF LAND ADJACENT TO AND IMMEDIATELY EAST OF THE ABOVE-MENTIONED AND FOREGOING DESCRIPTION OF PROPERTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE INTERSECTION OF THE CENTER LINE OF LOT 4, BLOCK 56, AS SHOWN ON A PLAT RECORDED IN PLAT BOOK 2,PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND THE EAST LINE OF SAID LOT 4, BLOCK 56, RUN NORTHERLY ALONG THE EAST LINE OF BLOCK 56 A DISTANCE OF 65.91 FEET TO A POINT; THENCE RUN EASTERLY ALONG THE NORTHERLY LINE OF THE SOUTH 40 FEET OF LOT 5 OF BLOCK 56,PRODUCED EASTERLY A DISTANCE OF 60 FEET MORE OR LESS,TO THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; THENCE SOUTHERLY,MEANDERING THE SAID MEAN HIGH WATER LINE A DISTANCE OF 66 FEET, MORE OR LESS TO A POINT; THENCE WESTERLY ALONG THE CENTER LINE OF SAID LOT 4, BLOCK 56, PRODUCED EASTERLY A DISTANCE OF 60 FEET, MORE OR LESS TO THE POINT OF BEGINNING, 0.10 ACRES, PLUS OR MINUS, SAID ACQUISITION DECLARED TO BE A PUBLIC NECESSITY IN CONJUNCTION WITH THE PROJECT KNOWN AS THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA, AND FURTHER AUTHORIZING THE ACQUISITION OF THE SHORECREST SITE THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS INCLUDING A DECLARATION OF TAKING, AS NECESSARY. WHEREAS, the City of Miami Beach is proceeding with its goal of economic stimulation and development by assisting the construction of convention quality hotels and issuing a Request for Proposals addressing this need to which bids have been received and negotiations are underway; and WHEREAS,for the purpose of realizing the type of hotel developments contemplated by the Request for Proposals, the City must acquire the property known as the Shorecrest Hotel located at 1535 Collins Avenue, Miami Beach, Florida, (Shorecrest site); and WHEREAS,the Mayor and 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 Shorecrest site, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and WHEREAS,on December 21, 1994, the Mayor and City Commission approved Resolution No. 94-21432 (attached hereto as Exhibit "A"), ratifying Resolution No. 186-94 of the Miami Beach Redevelopment Agency (attached hereto as Exhibit "B"), finding, determining, and declaring the acquisition of the Shorecrest site to be a public necessity and in the best interest of the City, and further authorizing the Agency to institute eminent domain proceedings on the aforementioned property to acquire fee simple title to same for use in the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, as provided by ordinance, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The Mayor and City Commission hereby ratify City of Miami Beach Resolution No. 94-21432 and Miami Beach Redevelopment Agency Resolution No. 186-94, respectively, regarding acquisition of the property known as the Shorecrest site, located at 1535 Collins Avenue, Miami Beach, Florida. Section 2. The acquisition of the Shorecrest Site is declared to be a public necessity for, and in connection with, the community redevelopment and related activities of City Center/Historic Convention Village Redevelopment and Revitalization Area project. Section 3. The Mayor and City Commission herein authorize the acquisition of the Shorecrest Site through the filing of eminent domain proceedings, pursuant to Section 163.375, Florida Statutes, including a Declaration of Taking, as necessary. Section 4. All ordinances, resolutions or parts in conflict herewith be and the same are hereby repealed. Section 5. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 2 • Section 6. This ordinance shall take effect ten (10) days after its adoption, on January 14, , 1995. PASSED and ADOPTED this 4th day of January 1 !95. ?OR ATTEST: CITY CLERK Attachments 1st reading 12/21/94 2nd reading 1/4/95 FORM APPS VED X (c:\wpdocs\jean\commiss\shore.ord) Le .. By �_ `_.. Date atVgts---- •3 a CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 1 Z-95 TO: Mayor Seymour Gelber and DATE: January 4, 1995 Members of the City Commission FROM: Roger M. Carlto Laurence Feingold City Manager City Attorney SUBJECT: SHORECREST HOTEL On December 21, 1994, both the Miami Beach Redevelopment Agency and the City Commission authorized the institution of eminent domain proceedings for the condemnation of the Shorecrest Hotel located at 1535 Collins Avenue, Miami Beach, Florida, in order to acquire fee simple title thereof for use in the City Center/Historic Convention Village Redevelopment and Revitalization Area; accordingly, the Resolutions for this eminent domain lawsuit (CMB Resolution No. 94-21432' and MBRDA Resolution 186-94) were passed. Pursuant to Section 163 . 375, Fla. Stat . , a municipality or a community redevelopment agency, as provided by ordinance, has the right to acquire by condemnation any interest in real property which would be necessary for, in, or in connection with, community redevelopment . Accordingly, the attached Ordinance is presented for a second reading by the City Commission in order to ratify the previous actions of the City Commission and Miami Beach Redevelopment Agency in authorizing the institution of eminent domain proceedings for the Shorecrest Hotel . LF:MSD: jm Attachment AGENDA ITEM R-34\ DATE )_ —q 5 I • N q O 0 c+'1 0 .0 •H d •r{ 1-J r-I N m o •-1 cV U .t O b0 r\ CEN to G vl N •H S M U1 • Pi "0 O u1 ) �1 U b0 t4 ON 0 0 (1) O a) +� o .0 <4D a) a) zw 0 0 I- U C.) amia o H 'Q 124 Q+ U Q) • • o Z-4 • ro I-4 G+J r{ • Q as ) U al • .. ,7 a) 41 4 • o v o 0 • • b x • U a) •• q • t=4 0 rJ • b0 C •H CO • 0 • I +- •H Pa •r-I 3.+ ?1 • CO U: U a) 4.4 ;tom ^-� •H• a) rci • 0' o a) ° ca c)