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Resolution 2018-30321 RESOLUTION NO. 2018-30321 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO RESCIND CITY RESOLUTION NO. 2015- 28920, WHICH WOULD RESCIND THE CITY COMMISSION ACTION VACATING THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23ND STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY. WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street and sidewalks along Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23rd Street (Atlantic Avenue), of a 50 foot in width right-of- way, consisting of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the plat of the "Amended Map of the Ocean Front Property of the Miami Beach Improvement Company" (City Right-of-Way or "City ROW"); and WHEREAS, the City of Miami Beach is the owner of the adjacent properties to the City ROW, which properties bear the following addresses: 227 22"d Street, 340 23rd Street, 2200 Liberty Avenue, 224 23 Street, 245 22nd Street, 211 22nd Street; and WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the construction of the five-story parking garage with first floor retail, to be known as the "Collins Park Garage" between Liberty Avenue and Park Avenue along 23rd Street, utilizing the design by the renowned architect Zaha Hadid, which design intruded into the right-of-way along the first floor; and WHEREAS, without vacating the right-of-way, the City could not complete construction of the parking garage, as the Building Official could not issue permits for habitable construction within a right-of-way; and, WHEREAS, on February 11, 2011, pursuant to Resolution No. 2015- 28920, the City Commission authorized the vacation of Liberty Avenue in order to realize the Zaha Hadid design; and WHEREAS, ultimately the City abandoned said design due to cost of construction, and issued a new Request for Proposal for a parking garage to be constructed within the property boundaries, and not within Liberty Avenue; and WHEREAS, although the City had vacated Liberty Avenue there were outstanding issues due to a number of utilities that need to remain in their current location, within the City ROW; and WHEREAS, the City has not recorded the vacation of Liberty Avenue, and due to the design change the City no longer requires said vacation, and would rather continue to utilize and recognize Liberty Avenue as a public right-of-way, particularly for utility access purposes; and WHEREAS, as the City owns the land on either side of Liberty Avenue, the City of Miami Beach is the only affected party (vacated right-of—way requires title to vest in the adjacent property owners along the centerline of the road and the only property owner along Liberty Avenue is the City); and WHEREAS, the Mayor and City Commission seek to rescind the vacation of Liberty Avenue. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby rescind City Resolution No. 2015-28920, in which the City Commission vacated the right of way known as Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23rd street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing approximately 12,500 square feet in total area, as shown on the plat of amended map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the public records of Miami-Dade County. PASSED AND ADOPTED this 6th day of June, 2018. ATTEST: �� -- sari:Gelb 7, Mayor J'��\ Bt: C vN. 2c 2 ,(i.�. P `Y�^, Raf el l G. Granado, City Clerk 1 ,: - *A,'.1. APM APPROVED AS TO E ..d -.Lx.,(, i„;c.._ : EO ' ECU tic F:ATTOIBOUERESOLUTIONS\Rescinding Vacate LibertyAvero t h416)-31/ c[' 20,. ',p.;Attorney Dote Exhibit A AREA NOT TO BE VACATED: LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET(ATLANTIC AVENUE): BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS "PALM AVENUE" ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY , FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2; BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. Resolutions - C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 6, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO RESCIND CITY RESOLUTION NO. 2015-28920, WHICH WOULD RESCIND THE CITY COMMISSION ACTION VACATING THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE)AND 23RD STREET (ATLANTIC AVENUE), WHICH IS A 50 FOOT IN WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI BEACH. RECOMMENDATION The Administration recommends the approval of the resolution. ANALYSIS On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the proposed Collins Park Garage. The City owns the properties upon which the garage was proposed to be built, Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company (Plat Book 5, Page 7); and Block 1 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7). The City of Miami Beach holds a right-of-way dedication to a street and sidewalk along Liberty Avenue between 22nd Street and 23rd Street. The 50 foot wide right-of-way, is comprised of 12,500 square feet more or less, that is described in more detail in the attached Legal Description and Sketch (Attachment A). The architectural design included the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23rd Street. The proposed parking garage structure at that time encroached into Liberty Avenue and the air rights above Liberty Avenue were being utilized by said proposed parking garage to cross over from Block 1 onto Block 2. At that time, in order for the proposed parking garage structure to obtain a building permit, the right-of-way needed to be vacated. Liberty Avenue between 22nd and 23rd was being contemplated to be a pedestrian public plaza, with no vehicular access. On February 11, 2015 pursuant to Resolution No. 2015-28920 (Attachment B), the City Commission authorized the vacation of the Liberty Avenue right-of way to allow the Zaha Hadid Design which Page 455 of 1103 occupied the right-of-way space to move forward. Ultimately the City abandoned said design due to the cost of construction, and issued a new Request for Proposal for a parking garage to be constructed within the property boundaries, and not within Liberty Avenue. On September 25, 2017, the City Commission adopted Resolution No. 2017-30021, approving a new design build contract to KVC Constructors, Inc. (KVC) for the Collins Park Garage. The new KVC design does not encroach into the City's right-of-way and therefore does not require the vacation. The City has not recorded the vacation of Liberty Avenue, and no longer requires the vacation. Liberty Avenue has numerous utilities that will remain in place, it is more pragmatic to continue to utilize and recognize Liberty Avenue between 22nd and 23rd Street as a public right-of-way, particularly for utility access purposes. The City will have the option to close the Street or portion thereof to be utilized as a pedestrian plaza as necessary and to fulfill the current design for the Collins Park Parking Garage. The Mayor and City Commission seek to rescind the vacation of Liberty Avenue, and as the City of Miami Beach owns the land on either side of the right-of-way of Liberty Avenue, the City of Miami Beach is the only affected party (vacated right-of—way requires title to vest in the adjacent property owners along the centerline of the road and the only property owner along Liberty Avenue is the City). CONCLUSION The Administration recommends the approval of the resolution. Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description o Resolution and Attachment o Attachment A- Legal Description o Attachment B - Resolution No. 2015-28920 Page 456 of 1103 Exhibit A AREA NOT TO BE VACATED: LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22ND STREET (OCEAN AVENUE)AND 23R0 STREET(ATLANTIC AVENUE): BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS "PALM AVENUE" ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY , FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2; BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. Page 459 of 1103 RESOLUTION NO. 2015-28920 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO APPROVE THE VACATION OF THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE BETWEEN 22ND STREET (OCEAN AVENUE) AND 23R STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5171H VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS. WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street and sidewalks along Liberty Avenue (Palm Avenue) between 225d Street (Ocean Avenue) and 23rd Street (Atlantic Avenue), of a 50 foot in width right-of-way, consisting of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the plat of the "Amended Map of the Ocean Front Property of the Miami Beach Improvement Company" ('City Right-of-Way or"City ROW"); and WHEREAS, the City of Miami Beach is the owner of the adjacent properties to the City ROW, which properties bear the following addresses: 227 22"d Street, 340 23'd Street, 2200 Liberty Avenue, 224 23 Street, 245 22"d Street, 211 22"d Street; and WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the construction of the five story parking garage with first floor retail, to be known as the "Collins Park Garage" on 22"d Street and 23'd Street, abutting Liberty Avenue; and, WHEREAS, on November 20, 2012, the Historic Preservation Board approved File No.: 7329, authorizing a Certificate of Appropriateness for the Collins Park Garage" and associated pedestrian plaza for Liberty Avenue; and WHEREAS, renowned architect Zaha Hadid has designed the Collins Park Garage, which garage structure encroaches into Liberty Avenue, along the first floor in order to provide pedestrian access to the proposed first floor commercial units, and WHEREAS, the air rights over Liberty Avenue are proposed to be used to extend the parking garage structure across Liberty Avenue; Page 460 of 1103 WHEREAS, the City plans to create a pedestrian plaza within the area to be vacated, and use some of the area towards the Collins Park Garage; and WHEREAS, during the February 2, 2015 Finance and Citywide Projects Committee meeting, the Committee supported the vacation, due to pedestrian safety concerns, the desire to create a pedestrian plaza, and to ensure the complete construction of the parking garage; and WHEREAS, without vacating the right-of-way, the City cannot complete construction of the parking garage, as the Building Official cannot issue permits for habitable construction within a right-of-way; and, WHEREAS, upon vacation of the City right-of-way, the City will record a unity of title for all the properties, and join the properties in ownership, thus ensuring that the properties are tied to a Unified Development Site, consistent with the City's land development regulations, and WHEREAS, the proposed parking garage structure should have a building permit, however, in order to obtain a building permit, the structure cannot encroach on the right-of-way, and would need to be re-designed, or the right-of-way needs to be vacated; and WHEREAS, as Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicles, and as the City owns all the parcels adjacent to Liberty Avenue between 22nd and 23`° Streets [the City owns lots 1-10 on Block 1 and owns lots 7, 9, 11, 4, 6, 8, 10 and 12 of Block 21, should Liberty Avenue be vacated, title to the vacated right-of-way would transfer to the adjacent property owners, which would be the City of Miami Beach; and WHEREAS, pursuant to the City's existing Administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights-of-way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code, which establish procedures governing the sale or lease of public property, in addition to the previously mentioned application, prior to considering a request for vacation, the following requirements must be satisfied: 1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input into the proposed vacation; 2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee ("Committee") for its review (the item was heard during the Finance and Citywide Projects Committee meeting of February 2, 2015, and which Committee recommended to the City Commission to proceed with the vacation); 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; and, Page 461 of 1103 4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated, which shall include a definition of the property based on the proposed and possible issues, including, without limitation, the highest and best use of the property by the Applicant (this provision to be waived by the City Commission); and, WHEREAS, although the City's procedures for the lease of sale or sale of public property also require an advertised public bidding process, and an appraisal, the requirements may be waived by 517th vote; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, and require for appraisal, finding that the public interest is served by waiving such conditions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its February 2, 2015 meeting, to approve the vacation of the right of way known as Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23'd Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing • approximately 12,500 square feet in total area, as shown on the Plat of Amended Map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the public records of Miami-Dade County, in favor of the City of Miami Beach, (the applicant); waiving by 5/791 vote, the competitive bidding and appraisal requirements pursuant to Section 82-39(a) and (b) of the City Code, finding that the public interest would be served by waiving such conditions. PASSED and ADOPTED this /) day of Fekinrtar e , 2015. ATTEST: ' • /i • s Ir n, FATED III. f(irayor e > _ ,cr<T! 2 / i; > Rafael G. Granada, CiIClerk ' APPROVED AS TO FORM & LANGUAGE &FO EXECUTION 4-6 City AIIorney Dote F:WTTO\BOUE\Collins Park Parking Garage\Collins Avenue Parking Garage\First Reading Vacate Libery Avenue ROW REVISED TITLE 1-20-15-Rev-CIP.doc Page 462 of 1103 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its February 2, 2015 Meeting, To Approve The Vacation Of The Right Of Way Known As Liberty Avenue(Palm Avenue)Between 22nd Street(Ocean Avenue) And 23rd Street (Atlantic Avenue), Which Is A 50 Foot In Width Right-Of-Way, Containing Approximately 12,500 Square Feet In Total Area, As Shown On The Plat Of Amended Map Of The Ocean Front Property Of The Miami Beach Improvement Company, Recorded In Plat Book 5 At Page 7, Of The Public Records Of Miami-Dade County, In Favor Of The City Of Miami Beach, (The Applicant); Waiving By 5/7th Vote, The Competitive Bidding And Appraisal Requirements Pursuant To Section 82-39(A)And(B)Of The City Code, Finding That The Public Interest Would Be Served By Waiving Such Conditions. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability. Supporting Data(Surveys,Environmental Scan,etc.): N/A Item SummaryfRecommendation: On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the proposed Collins Park Garage. The Garage has been designed with retail on the first floor,and upper levels with public parking spaces. The City owns the properties upon which the garage will be built, including lots 7, 9,and 11 of Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7);and Lots 1, 3, 5, 7 and 9 of Block t of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7). Between blocks 1 and 2 is Liberty Avenue, a 50 foot wide public right-of-way consisting of approximately 12,500 square feet, see attached Property Legal Description and Sketch (Exhibit A) and Adjacent Properties Survey(Exhibit B). The City's Capital Improvement Projects Office reviewed the proposed architectural plans with planning, public works, the fire department, and the building department. The architectural design includes the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 231° Street. The parking garage structure also encroaches into Liberty Avenue and the air rights above Liberty Avenue are being utilized by the parking structure to cross over from Block 1 onto Block 2,see Proposed Collins Park Place Ground Floor Plan(Exhibit C). In order for the proposed parking garage structure be able to obtain a building permit, the right-of-way needs to be vacated.As Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicular access, and as the City owns all the parcels adjacent to Liberty Avenue between 22nd and 231° Streets(the City owns lots 1-10 on Block 1 and owns lots 7, 9, 11,4,6,8, 10 and 12 of Block 2),should Liberty Avenue be vacated,title to the vacated right-of- way would transfer to the adjacent property owners, which would be the City of Miami Beach, therefore there would be no financial impact to the City.Also, utility easements will be granted,as required. The City must comply with the requirements of Chapter 82-36 through 82-40, of the City Code, which requires certain actions prior to effectuating a vacation. The City Commission is to hold two separate meeting dates, one of which, scheduled for February 11, 2015, is to be accompanied with a duly noticed public hearing in order to obtain citizen input into the proposed vacation, and also requires the review of the Finance and Citywide Projects Committee(FCWPC),which item was heard during the FCWPC meeting of February 2,2015,and which Committee recommended to the City Commission to proceed with the vacation. Section 82-38 requires the Planning Department to prepare an analysis of the vacation. The Planning Department prepared the analysis of the vacation (Exhibit D) on February 11, 2015. The Planning Department reviewed the six (6) criteria elements for vacating Liberty Avenue and found these criteria to have been satisfied. The second required meeting is scheduled for March 11.2015. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: OBPI Total Financial Impact Summary: N/A - City Clerk's Office Legislative Tracking: David Martinez,Ext.6972 Sign-Offs: Depart -nt • rector Assis-:nt 17. •_pager 1 City anager --- DM Si JLM T*AGENDA120151Feary1 %Liberty Avenue-ROW VacalionMrs • SI., ' ITEM SUMMARYdocx / MIAMIBEACH Page 463 of 1103 AGENDA ITEM Z 712 a. a :n MI= Mill111•1111M� 1915 • 2015 \AIA,\ BEACH COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members i0 the City mmission FROM: Jimmy L. Morales, City Manager 1 DATE: February 11, 2015 �' SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING HE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO APPROVE THE VACATION OF THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET (ATLANTIC AVENUE),WHICH ISA 50 FOOT IN WIDTH RIGHT-OF-WAY,CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA,AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5/7TH VOTE,THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS. BACKGROUND On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the proposed Collins Park Garage. The Garage has been designed with retail on the first floor,and upper levels with public parking spaces. The City owns the properties upon which the garage will be built, including lots 7, 9, and 11 of Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company (Plat Book 5, Page 7); and Lots 1, 3, 5, 7 and 9 of Block 1 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company(Plat Book 5, Page 7). Between blocks 1 and 2 is Liberty Avenue, a 50 foot wide public right-of-way consisting of approximately 12.500 square feet,see attached Property Legal Description and Sketch(Exhibit A)and Adjacent Properties Survey(Exhibit B). ANALYSIS The City's Capital Improvement Projects Office reviewed the proposed architectural plans with planning, public works, the fire department, and the building department. The architectural design includes the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23`d Street. The parking garage structure also encroaches into Liberty Avenue and the air rights above Liberty Avenue are being utilized by the parking structure to cross over from Block 1 onto Block 2,see Proposed Collins Park Place Ground Floor Plan(Exhibit C). In order for the proposed parking garage structure be able to obtain a building permit, the right-of-way needs to be vacated. As Liberty Avenue has been contemplated to be a pedestrian public plaza,with no vehicular access,and as the City owns all the parcels adjacent to Liberty Avenue between 22"d and 23`d Streets(the City owns lots 1-10 on Block 1 and owns lots 7,9, 11,4,6,8, 10 and 12 of Block 2),should Liberty Avenue be vacated,title to the vacated right-of-way would transfer to the adjacent property owners, which would be the City of Page 464 of 1103 Commission Memorandum —Vacation of Liberty Avenue February 11, 2015 Page 2 of 2 Miami Beach, therefore there would be no financial impact to the City. Also, utility easements will be granted, as required. COMPLIANCE WITH CHAPTER 82 OF THE CITY'S CODE The City must comply with the requirements of Chapter 82-36 through 82-40, of the City Code, which requires certain actions prior to effectuating a vacation. The City Commission is to hold two separate meeting dates, one of which, scheduled for February 11, 2015, is to be accompanied with a duly noticed public hearing in order to obtain citizen input into the proposed vacation,and also requires the review of the Finance and Citywide Projects Committee (FCWPC), which item was heard during the FCWPC meeting of February2, 2015,and which Committee recommended to the City Commission to proceed with the vacation. Section 82-38 requires the Planning Department to prepare an analysis of the vacation. The Planning Department prepared the analysis of the vacation (Exhibit D)on February 11, 2015. The Planning Department reviewed the six(6)criteria elements for vacating Liberty Avenue and found these criteria to have been satisfied. The second required meeting is scheduled for March 11, 2015. CONCLUSION The Administration recommends the approval of a resolution accepting the recommendation of the Finance and Citywide Projects Committee at its February 2, 2015 meeting, to approve the vacation of the right of way known as Liberty Avenue(Palm Avenue)between 22nd Street(Ocean Avenue)and 23rd Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing approximately 12,500 square feet in total area, as shown on the plat of amended map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the Public Records of Miami-Dade County, in favor of the City of Miami Beach, (The Applicant); waiving by 5/7th vote, the competitive bidding and appraisal requirements pursuant to Section 82-39(a)and(b)of the City Code, finding that the Public Interest would be served by waiving such conditions. Exhibit A— Legal Description and Sketch of Legal Description of ROW Vacation Exhibit B —Adjacent Properties Survey Exhibit C—Proposed Collins Park Place Ground Floor Plan Exhibit D—Planning Analysis of Proposed ROW Vacation JLM/MT/DM We are commmed ro providing excellent public service and miry to all who love, work,and play in our vibrant,tropical,historic commonly Page 465 of 1103 Exhibit A AREA TO BE VACATED: LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22"D STREET (OCEAN AVENUE) AND 23RD STREET(ATLANTIC AVENUE): BEING A R IGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS " PALM AVENUE" ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2; BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. • Page 466 of 1103 • '754'aR v (I I SS y� 1—5.1 "°'P)a. '°"' 4 .�. ri IfI' h lid-1 / <Or< Drag, i na^It0UR 7 11 J ®� f �i 'L:41- C 4�j era 1 EEAA I. „� Q ; c C�j� � , (� :Pfr ,, .1 W C_azock 1%L ITE L�1.. J c]1 4nt'"`Rw)'"`IK c gig Iali m s2 ' 7uILiJ Rs n,R"'ai 12 ✓a: s nnfl�inn a 5, a, o a b q4 S v ,o Yp,N, °s w4R<3 LOCATION SKETCH <or, acq !3/y 0%. 44v.. NTS iYwgo MW,R fAh tD)1 JW oq 41200Of S wC ' '.Cq qy Mt k`4`" Y„ o)�H SURVEYOR'S NOTES. '°m) � fo),o 1 THIS IS NOT A SURVEY. J ' 2. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE \ Y RAa ' 70r AND THE ORIGINAL RAISED SEAL OF /�"Rm,�aKR /'`^a/v Y A FLORIDA LICENSED SURVEYOR D'BBB RT ''"o o AND MAPPER. SKETCH OF LEGAL DESCRIPTION SCALE' 11=60' LEGAL DESCRIPTION: BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS PALM AVENUE ACCORDING TO THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY''AS RECORDED IN PLAT BOOK S,PAGE),OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2. BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. LEGEND & ABBREVIATIONS: ORB. OFFICIAL RECORD BOOK DB. DEED BOOK `17c I , (C) CALCULATED DIMENSION TVP. TYPICAL --"`+�-"" 12I'I'14 NTS NOT TO SCALE PG. PAGE BRIAN T. BEWNO DATE CITY SURVEYOR (P) PLAT DIMENSION DCR DADE COUNTY RECORDS STATE OF FLORIDA R/1//W RIGHT-OF-WAY PB. PLAT BOOK c°7:::: =E.: PROFESSIONAL SURVEYOR AND MAPPER NO.4973 eP �IAMII BEACH aHE« REVISED ERIELIBERTY AVENUE,22ND TO 23RD STREET SM-2014M PUBLIC WORKS DEPARTMENT SCALE AS SHDV S. EET- nap me.� „.. a woenswo ADCSNCw,o,«.SISS":,l"IsSIICSAAsSA7SSs77FC'Aw",a„„"u.,I Page 467 of 1103 . .a.144€<-- I COia I 1 : l i 1 ! 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BACKGROUND Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease of City-owned land be analyzed from a planning perspective so that the City Commission and the public are fully apprised of all conditions relating to the proposed sale • or lease. • The proposal herein is to vacate Liberty Avenue (Palm Avenue) between 220° Street (Ocean Avenue) and 23i0 Street (Atlantic Avenue). The right of way is 50 feet wide and contains approximately 12,500 square feet in area. It will be utilized for the construction of a main use parking garage which will be owned by the City. The ground level of the garage will include a public plaza, as well as enclosed retail spaces, which may be leased or sold to tenants. The following is an analysis based on the criteria delineated in the Code. ANALYSIS 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. • Consistent — The vacation of the ROW will allow for the construction of a City- owned public parking garage with retail on the first floor to service the surrounding • • community. This is consistent with Goals, Objectives, and Policies of the City's Comprehensive Plan, including: OBJECTIVE 8:PARKING The City shall provide clean, safe, and affordable parking, by continuing to explore and implement creative and technologically advanced methods of parking provision and management to satisfy the need. • • • Policy 8.1: Continued Development of Parking The City shall continue with the acquisition, construction and improvements to municipal parking facilities as maybe needed Policy 8.2: Public Private Partnerships The City shall continue to seek public-private partnerships in the development Page 470 of 1103 Analysis of Proposed Right of Way(ROW) Vacation- Liberty Avenue between 22nd Street and 23rd Street February 11, 2015 Page 2 of 3 of its parking facilities and intermodal centers. Policy 8.4: Context Sensitive Parking Development Off-street parking areas shall be located and designed in a manner that supports and does not conflict with pedestrian and bicycle activity, such as to the side or rear of buildings. 2. The impact on adjacent property, including the potential positive or negative • impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Consistent No negative impacts are anticipated by the proposal. The property being vacated by the City is for the purpose of developing a main use parking garage to service a neighborhood that has a lack of public parking. The project is located in the Museum Historic District, where the 'contributing' historic structures lack a parking requirement. The proposal will include a pedestrian passage through Liberty Avenue, which ensures that connectivity for pedestrians will not be negatively • impacted by the project. The proposal will include ground level retail which will ensure that garage is compatible with and services the surrounding neighborhood. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. Consistent - This proposed use is in keeping with a public purpose and community needs and will improve the community's overall quality of life. The ROW will be utilized for a main use parking garage that will be owned by the City in an area where it is needed. It will include ground level retail, which will create additional jobs. 4. A determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views or create environmental • intrusions, and evaluation of the design and aesthetic considerations of the project Consistent-The development will keep with the surrounding neighborhood and will not significantly block views or create environmental intrusions. The project is being designed by world renowned firms and will be undergoing a design review process that is required of such developments. • • 5. The impact on adjacent properties, whether or not there is adequate parking, wa am canmined b p,oviong arceileni pubic servce and safely oil who live, work and ploy n,our whim,Iropcal Knaic canmumry •. Page 471 of 1103 Analysis of Proposed Right of Way(ROW) Vacation— Liberty Avenue between 22nd Street and 23"r Street February 11, 2015 Page 3 of 3 street and infrastructure needs. Consistent—The primary intent of the vacation of this ROW is intended to address the parking, street, and infrastructure needs of adjacent properties. 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable -The Planning Department has no other issues it deems appropriate to analyze for this proposal. CONCLUSION Vacation of the public ROW is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The vacation of Liberty Avenue between 22"0 Street and 23rd Street will generate no negative impacts for the surrounding area. TRM/RAM T'.rAGENBAt2015\February\PUBLIC WOReS\Liberty Avenue ROW between 22nd Street and 23rd Street Vacation Analysis docx we me ccmni,IS ra pandma excelkm pubic sernce and safer ro nIl who pre work cod ploy,r? vhronl hoprcai Lrslmc camnuny Page 472 of 1103 0 pa 1 Si NEI _ _ _ EOVa _ _ m yc K -sl E Hifi-sr ! EP 90 ep�3 5> me 3 m °E3 =Lc.E tit;Pa P=fid PP �¢u 8 a"E g�3":`2.a_ Pict u - [' - cz — ¢E P e E 8 °°" 5_ __ a g a ' E. e s ; P PP `sx - 4. _ad a9 a e £ $t o - ay. E b188 PP � ¢ c 3040 04,404 4u 4 -E4 . 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OdOCm¢VVm< Vmn�uUn �¢ ¢ w _W' illii - 2Fi¢atma Fmea wma>Sra -<.,Q rWl 11 N Page 473 of 1103 Attachment A AREA TO BE VACATED: LIBERTY AVENUE (PALM AVENUE) RIGHT-OF-WAY BETWEEN 22N0 STREET (OCEAN AVENUE) AND 23RD STREET (ATLANTIC AVENUE): BEING A R IGHT OF WAY 50 FEET IN WIDTH KNOWN AS L IBERTY AVENUE LABELED ON THE PLAT AS " PALM AVENUE ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY" AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2; BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2, CONTAINING 12,500 SQUARE FEET MORE OR LESS, Page 474 of 1103 sHreJ • I.J n."il 2qy I x f..i r / 7 "*2 II I /lie ''' . 'SITE A , I 414„0,0R< 4.11 or Nr op - . r .I I _ nit ��eqh Jami: 41Pgo� 04 00 qF4 5 .6. c s .8 A„4:44 „� r/`%; ,,,�,�kaBc LOCATION SKETCH 'orJ .R /^ 4£',yY MIP NTS a. '"wrr the INE PR.. �' EYP"Q "'M/q CTY <0J7 Pq NL(A.J C. ,6j 5 PC ) PANY �qR / aJis SURVEYOR'S NOTES: xa P . Lpr 1. THIS IS NOT A SURVEY. °iT 2. THIS SKETCH OF DESCRIPTION IS V/ ez <qB NOT VALID WITHOUT THE SIGNATURE l°ygsa Mkt, AND THE ORIGINAL RAISED SEAL OF 1w,1 ' l'9"Pre,. A FLORIDA_ICENSED SURVEYOR '44-'--..,52,,,,,,,,,,,,,,, ^ ^ wPk/, _ �rA AND MAPPER. p SKETCH OF LEGAL DESCRIPTION SCALE: 1"=60' LEGAL DESCRIPTION: BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS"PALM AVENUE'ACCORDING TO THE PLAT OF`AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY'AS RECORDED IN PLAT BOOK 5,PAGE 7.OF THE PUBLIC RECORDS OF DADE COUNTY.FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1; BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2, BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2; BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2. CONTAINING 12,500 SQUARE FEET MORE OR LESS. LEGEND & ABBREVIATIONS: ORB. OFFICIAL RECORD BOOK OB. DEED BOOK �\-.`r, it-13-lit CALCULATED DIMENSION T . TYPICAL - NTS NOT TO SCALE PG. PAGE BRIAN T. BELUNO DATE CITY SURVEYOR (P) PLAT DIMENSION DCR DADE COUNTY RECORDS STATE OF FLORIDA RAW RIGHT—OF—WAY PB. PLAT BOOK PROFESSIONAL SURVEYOR AND MAPPER NO.4973 m E " A " T D REVISED TI-LE 1 ' �' I /r f'1k"_ I z. LIBERTY AVENUE,22ND TO 23RD STREET SM-2014M PUBLIC WORKS DEPARTMENT SCALS ASSfl ,,. . ,..E.TEP .,,l...,.PAD.E„„„ Page„ Page 475 of 1103 _ 'WORD,S&L CAE D.DCPROJECTS'DMGIAOPPL},IiM A.S.ric.ol xmM+n R..D VaDaliDDI Attachment B RESOLUTION NO. 2015-28920 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO APPROVE THE VACATION OF THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23e STREET(ATLANTIC AVENUE), WHICH IS A 50 FOOT IN WIDTH RIGHT-OF-WAY, CONTAINING APPROXIMATELY 12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF THE CITY OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5/7n' VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO SECTION 82-39(A) AND (B) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS. WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street and sidewalks along Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23'd Street (Atlantic Avenue), of a 50 foot in width right-of-way, consisting of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the plat of the"Amended Map of the Ocean Front Property of the Miami Beach Improvement Company" ('City Right-of-Way or"City ROW'); and WHEREAS, the City of Miami Beach is the owner of the adjacent properties to the City ROW, which properties bear the following addresses: 227 22"d Street, 340 23'd Street, 2200 Liberty Avenue. 224 23 Street. 245 22nd Street, 211 22n4 Street; and WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the construction of the five story parking garage with first floor retail, to be known as the "Collins Park Garage" on 22nd Street and 23'd Street, abutting Liberty Avenue; and, WHEREAS, on November 20, 2012, the Historic Preservation Board approved File No.: 7329, authorizing a Certificate of Appropriateness for the Collins Park Garage" and associated pedestrian plaza for Liberty Avenue; and WHEREAS, renowned architect Zaha Hadid has designed the Collins Park Garage, which garage structure encroaches into Liberty Avenue, along the first floor in order to provide pedestrian access to the proposed first floor commercial units, and WHEREAS, the air rights over Liberty Avenue are proposed to be used to extend the parking garage structure across Liberty Avenue; Page 476 of 1103 WHEREAS, the City plans to create a pedestrian plaza within the area to be vacated, and use some of the area towards the Collins Park Garage; and WHEREAS, during the February 2, 2015 Finance and Citywide Projects Committee meeting, the Committee supported the vacation, due to pedestrian safety concerns, the desire to create a pedestrian plaza, and to ensure the complete construction of the parking garage; and WHEREAS, without vacating the right-of-way, the City cannot complete construction of the parking garage, as the Building Official cannot issue permits for habitable construction within a right-of-way; and. WHEREAS, upon vacation of the City right-of-way, the City will record a unity of title for all the properties, and join the properties in ownership, thus ensuring that the properties are tied to a Unified Development Site, consistent with the City's land development regulations, and WHEREAS, the proposed parking garage structure should have a building permit, however, in order to obtain a building permit, the structure cannot encroach on the right-of-way, and would need to be re-designed, or the right-of-way needs to be vacated; and WHEREAS, as Liberty Avenue has been contemplated to be a pedestrian public plaza, with no vehicles, and as the City owns all the parcels adjacent to Liberty Avenue between 22"d and 23'd Streets [the City owns lots 1-10 on Block 1 and owns lots 7, 9, 11, 4, 6, 8, 10 and 12 of Block 2], should Liberty Avenue be vacated, title to the vacated right-of-way would transfer to the adjacent property owners, which would be the City of Miami Beach; and WHEREAS, pursuant to the City's existing Administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights-of-way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code, which establish procedures governing the sale or lease of public property, in addition to the previously mentioned application, prior to considering a request for vacation, the following requirements must be satisfied: 1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input into the proposed vacation; 2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee ("Committee") for its review (the item was heard during the Finance and Citywide Projects Committee meeting of February 2, 2015, and which Committee recommended to the City Commission to proceed with the vacation); 3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation; and, Page 477 of 1103 4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated, which shall include a definition of the property based on the proposed and possible issues, including, without limitation, the highest and best use of the property by the Applicant (this provision to be waived by the City Commission); and, WHEREAS, although the City's procedures for the lease of sale or sale of public property also require an advertised public bidding process, and an appraisal, the requirements may be waived by 517!h vote; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, and require for appraisal, finding that the public interest is served by waiving such conditions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its February 2. 2015 meeting, to approve the vacation of the right of way known as Liberty Avenue (Palm Avenue) between 22n1 Street (Ocean Avenue) and 23'd Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing approximately 12,500 square feet in total area, as shown on the Plat of Amended Map of the Ocean Front Property of the Miami Beach Improvement Company, recorded in Plat Book 5 at Page 7, of the public records of Miami-Dade County, in favor of the City of Miami Beach, (the applicant); waiving by 517Th vote, the competitive bidding and appraisal requirements pursuant to Section 82-39(a) and (b) of the City Code, finding that the public interest would be served by waiving such conditions. PASSED and ADOPTED this ii day of Feforgot , 2015. ATTEST: .r..m,. l ,�1\ BF9 yupp CRn ED " di. ,Payor Rafal G. Granado, Ci(y lCle 21 APPROVED AS TO FORM & LANGUAGE &FO EXECUTION City Allomoy Dote F\ATTO\BOUE\Collins Park Parking Garage\Collins Avenue Parking Garage\First Reading vacate Libery Avenue ROW REVISED TITLE 1-20-15-Rev-CIP.doc Page 478 of 1103