Resolution 83-17440 •
RESOLUTION NO. 83-17440
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 7th day of September , 1983 .
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MAYOR
ATTEST:
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CITY CLERK
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OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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CITY HAIL
FFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVE
ROB W.PARKINS TELEPHONE: 673-7010
CITY MANAGER
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COMMISSION MEMORANDUM NO. --i13 __ui st
DATE: July 20, 1983
Mayor Norman C' ent an e
TO: y
Members of th- ity Co mi •
• �•,
FROM: Rob W. Parki s
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City Manager :4 k
STATUS REPORT ON NORTH SHORE OPEN SPACE PARCEL
SUBJECT.•
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
representing the Cityand the Miami Beach Chamber of Commerce urging the
advocates p g
Cabinetto approve the first phase of funding for the North Shore Park extension.
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Testimonywas 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
toward the purchase of certain North Shore Open Space parcels for
as a State contribution
which option agreements have been executed as of June 21, 1983. This motion was approved
pending receipt andapprovalby
the Florida Cabinet of a Plan of Acquisition which will
the
ensure that allproperty in the North Shore Site can be acquired. This condition,
p p Y
funding, included to ensure that the other properties needed to avoid
precedent to State was be
an irregular or "checkerboard" pattern of public ownership canacquired. The Florida
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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
'v the necessarysupport of the Florida Senate based upon a Senate philosophy that any
receive h Pp
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 D r. 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 fundingfor acquisition of the remaining properties. The conditions
and agreements within't in Resolution No. 83-17309 and 83-17383 setting forth the City's agreed
upon participatory match, management and operational schedule and public intent would
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still remain in effect.
The Department of Natural Resources has notified the City that the North Shore "Save Our
Coasts" applicationisexpected to be slated for further consideration by the Florida Cabinet
on August 2, 1983 and immediate City action in the for m of a Resolution committing to an
acquisition plan is necessary.
ADMINISTRATION RECOMMENDATION:
The Administration n recommends that the City Commission issue a Resolution authorizing
for the North Shoreparcel subject to the State's funding of. any parcels
eminent domain entered into between
acquired through eminent domain provided for in a written contract
9
the State of Florida
and the Cityof Miami Beach outlining the respective obligation of the
parties.
RWP:RSL:gjg
7 _
ORIGINAL
RESOLUTION NO. 83-17440
(Approving site selection as to location
)f North Shore Park Extension; declairing •
acquisition of those properites identified
and described as all of blocks 10, 11 and 12
ius, one-half interest in Atlantic Way
Nn the East, corrected plat of Altos Del
4ar No. 1, Plat Book 31, page 40, of the
?ublic Records of Dade County, Florida and
all of Blocks 5, 6, and 7, plus one-half
interest in Atlantic Way on the West and ex-
:ending Eastward to the erosion control
Line, corrected plat of Altos Del Mar No. 31
?lat 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)