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Ordinance 96-3038 ORDINANCE NO. 96-3038 AN ORDINANCE 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 REVITALIZATION 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 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 to exist; 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 Center/Historic 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 ORDAINED 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 Center/Historic 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. 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 immediately upon its adoption. PASSED and ADOPTED this 6th day of March , 1996. �.YOR ATTEST: g ' ecv-elutk CITY CLERK FORM APPRC:, LE AL D F AIT\kw By AL figif c:wpwin60\resos\1581emdo.ord Attachments Date —nWliVile_ 3 • That part of 16th Street as same is shown marked and designated oa the Plat of FISHER' S FIRST 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 Northwest corner of Lot 11 in Block 57 run North along East line of Washington Avenue 70 feet to South line of Lot 22 of Block 54; thence Eastin of Lot10, Block57, thence West 2 5 feet onh line of L2 o feetuth 70 to the to Northth point of beginning. • EXHIBIT"A" — } 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, MIANII 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 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 EXHIBIT "B" _ 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 Center/Historic Convention Village hotel project; and WHEREAS,the RDA fords, 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 Center/Historic 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 FORM APPROVED AITIkw LEGAL DEPT c:\wpwin60\resos\1581emdo.rda By 414144. Date S �G 3 That part of 16th Street as same is shown marked and designated oa the Plat of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the plat thereof, County,recorded Florida described,as tPage f llows?, of the Public Records of Dade Beginning at the Northwest corner of Lot 11 in Block 57 run North along East line of Washington Avenue 70 feet to South line of Lot 22 of Block 54; thence East alongoline fLothl0inglockLot 57,22, 225 feet;thence West 225�feetce °to the uth 70 feet to North point of beginning. • • • • EXHIBIT"A" — • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. t \ $-q to TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 6, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: An Ordinance tifying the City of Miami Beach Resolution Adopted on ebruary 20, 1996 and 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"; 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 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. RE COMMENDAT I ON: That the Ordinance be approved. BACKGROUND: This Ordinance was approved on first reading at the February 20, 1996 public hearing, and is required by Florida Statutes, Section 163 . 375. The Miami Beach Redevelopment Agency (the Agency) is proceeding with its goal of economic stimulation and development in the City Center/Historic Convention Village Area, and is negotiating the development of convention-quality hotel (s) . In order to accomplish this goal the Agency has determined that the acquisition of the above-referenced property is necessary in order to open an access road, create a view corridor, improve traffic circulation, and develop a public parking garage . Further, the Agency finds, determines and declares that the acquisition of 1581 Washington Avenue, Miami Beach, is a public necessity and is in the best interest of the City of Miami Beach. • AGENDA ITEM A DATE 3'e-9 ANALYSIS: Two appraisals of the property were prepared for the in February, 1995, and were updated in October, 1995. If deemed necessary, these appraisal reports will be again updated. The development of the Loews Hotel project and the proposed African-American Hotel immediately to the south, as well as a shortage of parking and traffic congestion in the area in general, require that an access road and public parking garage be developed in the area of 16th Street between Washington and Collins Avenues. CONCLUSION: It is recommended that the Ordinance be approved. 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