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RESOLUTION 83-17555 RESOLUTION N0.83-17555 RESOLUTION APPROVING SITE SELECTION AS TO LOCATION OF NORTH SHORE PARK EXTENSION; DECLARING ACQUISITION OF THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS ALL OF BLOCKS 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 AND 6 , 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, 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. 759-83 the City Commission desires to approve the selection of all the privately owned property located between Collins Avenue and the Atlantic Ocean and between 77th 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 77th 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 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 and 6 , 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; 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 77th 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 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 and 6 , 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 engaged for such purposes to acquire the above-described OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 properties through purchase, donation, or through eminent domain proceedings, including declaration of taking through eminent domain, subject to the conditions as set forth by Trustees of the Internal Improvement Fund of the State of Florida instructions more specifically that: a) The City will exercise its power of eminent domain where necessary to acquire parcels in the tract and will be responsible for all costs and attorney fees associated with condemnation proceedings. b) The City will be responsible for payment of all costs awarded to the owner by the court above the State appraisal; except when any court award is 150 percent or more of the appraised value, the City shall have the options to purchase, seek other alternatives to acquisition from the Trustees, or refuse the price and not make the purchase, provided that such refusal to purchase would not reduce the acquisition below 85 percent of the total 24 lots sought in the project. c) Contracts must be executed or condemnation proceedings started within six months of the date of this approval, or where State funds are not available, the condemnation proceedings must be commenced or contracts acquired within six months of the approval of the additional funds for acquisition. Should the State not approve the further expenditure under this program, the City shall not be responsible for acquisitions . PASSED and ADOPTED this 16th day of November , 1983. MA R ATTEST: "La /4,}r.,5/CITY CLERKEO1M LE L. A DEPT.inn4101010454- it oft) I) / JK/jhd '� ' 11143A OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 eerit /44#u' FLORIDA 3 3 1 3 9 , * "VACATIONLAND U. S. A. " b;� CITY HALL OFFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVE ROB W.PARKINS TELEPHONE: 673-7010 CITY MANAGER COMMISSION MEMORANDUM NO. 2, a• 3 DATE: November IA, 19R3 TO: Mayor Malcolm H. Fm a • a • Members of the Commi i• FROM: Rob W. Par ins City Man- _ #'Ak SUBJECT: STATUS REPORT ON NORTH SHORE PARCEL UNDER THE "SAVE OUR COAST" PROGRAM History: In 1981, the Miami Beach City Commission approved the submission of an application under the State's "Save Our Coast" program. The "Save Our Coast" program is a land acquisition program which funds the purchase of beachfront property. Property acquired under the program is converted into parkland for use by residents and tourists. The City's application requested the State purchase the property known as the "North Shore Parcel", a 9.81-acre, three-block tract, consisting of 1,100 feet of oceanfront land, located between 76th and 79th Street, east of Collins Avenue. The "North Shore Parcel" is the last remaining parcel of low density and undeveloped oceanfront land within the City of Miami Beach. Pursuant to State statutory requirements, three independent appraisals, paid for by the State, were completed on the property. It is important to note that the parcels were not under-appraised, and in fact, two of the three appraisers expressed in their appraisal reports that they based their highest and best use being "some sort of multi-family zoning; possibly RM-60 or RM-125". The State's final report valued the 36-lot parcel at a maximum of 8.2 million dollars. The submission of an application under the "Save Our Coast" program does not however, guarantee selection and funding. Hundreds of millions of dollars worth of applications have been submitted representing dozens of parcels. The Governor and Cabinet have so far only authorized funds for eight projects. After a long lobbying campaign by the City of Miami Beach, the Miami Beach Chamber of Commerce, the Committee Against Hi-Rise Rezoning, the Miami Herald, Dade County Commissioner Harvey Ruvin and our. State Legislators, the Governor and Cabinet authorized the "North Shore Parcel" for funding and acquisition. The Cabinet, however, is without eminent domain powers and has established, after negotiations with the City Administration, the following conditions upon which formal acceptance by the City Commission will cause the State to purchase the first seven lots under the program at a cost of 2.2 million dollars. CONDITIONS FOR APPROVAL OF PROJECT 1. The City will exercise its power of eminent domain where necessary to acquire parcels in the tract and will be responsible for all costs and attorneys' fees associated with condemnation proceedings. continued... I AGENDA - 3 f; ITEM w ji /t, 3w DATE COMM. MEMO. PAGE TWO NOVEMBER 16, 1983 CONDITIONS FOR APPROVAL OF PROJECT (continued) 2. The City will be responsible for payment of all costs awarded to the owner by the owner above the State appraisal; except when any Court award is 150% or more of the appraised value, the City shall have the options to purchase, seek other alternatives to acquisition from the Trustees, or refuse the price and not make the purchase, provided that such refusal to purchase would not reduce the acquisition below 85% of the total 36 lots sought in the project. 3. Contracts must be executed or condemnation proceedings started within six months of the date of this approval, or where State funds are not available, the condemnation proceedings must be commenced or contracts acquired within six months of the approval of the additional funds for acquisition. Should the State not approve the further expenditure under this program, the City shall not be responsible for acquisitions. Should the City not accept these conditions by November 29, 1983, this offer is null and void and North Shore Open Space is removed from the "Save Our Coasts" list. The Miami Beach Planning Board passed a motion at its September 27, 1983 meeting urging the Miami Beach City Commission to proceed with acquisition of the subject property. Analysis: As the State approved "North Shore Parcel" Management Plan notes, Miami Beach's shoreline is characterized by hi-rise development commonly referred to as a concrete canyon. Acquisition of the subject property would enable the City to preserve open space and provide much needed recreational amenities along the City's congested oceanfront. The property would provide vital linkages between existing parkland, the newly renourished beach, and the Beachfront Park and Promenade. The site would become the link between North Shore Open Space Park to the north and North Shore Park to the south, forming a unified park system. Unless this property is acquired for public use as soon as possible, these linkages will be lost forever. It should be noted that owners of 13 of the 36 lots have agreed to sell at the appraisal price and have signed option agreements or are willing to sign agreements immediately. These willing sellers represent 3,391,000 dollars in appraised property which the City will not have to condemn. An additional three lot owners constituting 415,750 dollars in appraised property have expressed interest in selling at the appraised price. For the purpose of conservatively determining an upside liability on the part of the City however, these three lots have been included in the "unwilling sellers scenario". A Financial Analysis of the Florida Cabinet's conditions shows that in a worse case scenario, with all unwilling sellers continuing to refuse to sell, continuing to refuse life estates and receiving judgments of 150% of the State's appraisal on all lots the City could incur the following upside liabilities: Fifty percent (50%) of 150% judgments $1 ,414,000 Legal fees and court costs at 20% of 23 lots 1 ,435,700 at 150% of appraised value TOTAL. COSTS $2,849,700 While this is the reasonable worst case upside liability the City could incur, it should be made clear that City funding for this potential liability would occur over a period of years. One of the Cabinet's conditions is that the City shall only be required to execute purchase agreements or start condemnation proceedings upon the State's making available funds up to the appraisal price of the affected lots. The structure of the "Save Our Coast" program is one based on the issuance of bonds on a 25 million dollar yearly increment. Due to program funding commitments throughout the State, it is unlikely the Cabinet can allocate more than 2.5 million dollars a year to the "North Shore Parcel". It would therefore take a minimum of three to four years to receive all State funds. The City can therefore spread its potential liability over these years. continued... COMM. MEMO. PAGE THREE NOVEMBER 16, 1983 It is also probable that a number of property owners will reconsider their hardline stance and accept life estates. All properties upon which life estates are authorized need not be condemned and thus no City expenditure required. Additionally, condemnation judgments are based upon evidence and the City will be able to show at least 13 recent sales of comparable parcels at the State's appraised amount. As a majority of the appraisals were for multi-family zoning, it is therefore unlikely that excessive judgments will be granted. State rules and regulations also require that appraisals be updated every two years. New appraisals could increase the State's funding over current levels to amounts acceptable to the unwilling sellers. The Cabinet however, retains the option to not allocate additional funds for acquisition over the 2.2 million dollars presently in escrow for Miami Beach but the City shall then not be responsible for acquisitions and need incur no financial liability. The City Administration in its attempt to limit liability to the greatest degree has requested the State of Florida Department of Natural Resources to suggest modifications to the acquisition plan which it believes would be acceptable to the City and Florida Cabinet. Dr. Elton Gissendanner, Executive Director of the Department has suggested and agrees to support temporarily dividing the "North Shore Parcel" into two parcels exactly like the division the unwilling sellers proposed when they petitioned the Historic Preservation Board in August, 1983. This is a division into one parcel of 24 lots from 79th Street to 77th Street and another parcel comprised of 12 lots between 77th Street and 76th Street. (This petition to have the parcel between 79th Street and 77th Street designated as an historic site failed because more than 50% of the owners of the 24 lots were opposed.) Dr. Gissendanner has agreed to support this temporary division and to request the Cabinet, at its November 17, 1983 meeting to apply their conditions only to the 24-lot parcel at this time. Approval by the City and the Cabinet of this division would limit the City's financial liability in a worst case scenario as follows: 50% of 150% judgments $ 652,750 Legal fees and court costs at 20% of 11 lots 747,900 at 150% of appraised value TOTAL COSTS $1 ,400,650 Under the divided or "revised North Shore Parcel" 54% of the lots would be under contract or available under contract with an additional 12% possible and likely. While the 76th Street parcel would not be under contract or required for condemnation, the City has negotiated an agreement with Mr. Emil Morton, owner of 10 of the 12 lots constituting the 76th Street parcel, to sign a contract with the City giving Miami Beach the right or first refusal to purchase this land. The City Commission can therefore defer finalizing an acquisition plan for the 76th Street parcel without exposing the City of Miami Beach to financial obligation at this time. On a comparison basis to other "Save Our Coast" projects around the State, the City's financial participation is the smallest on a percentage basis. In all other approved projects local governments were required to pay a portion (usually 20% to 50%) of the appraised price. In the "North Shore Parcel" the City is not being requested to pay any funds up to the appraisal price. Based upon the November 29, 1983 deadline imposed by the Florida Cabinet, City Commission approval or rejection of the project conditions need occur at the November 16, 1983 City Commission meeting. ADMINISTRATION RECOMMENDATION: That the City Commission approve dividing the "North Shore Parcel" into two parcels as described in the Commission memorandum; and issue a Resolution authorizing eminent domain and accepting the Cabinet conditions as set forth at the September 20, 1983 Florida Cabinet meeting but limiting application of the Resolution only to the 24-lot parcel from 79th Street to 77th Street east of Collins Avenue. RWP:RSL:gjg 3 ORIGINAL RESOLUTION NO. 83-17555 (Approving site selection as to location of North Shore Park Extension; declaring ac- quisition of those properties identified and described as all of blocks 11 and 12, plus one-half interest in Atlantic Way and the East, corrected Plat of Altos Del Mar No. 1 Plat Book 31, page 40, of the Public Records jrof Dade County, Florida and all of blocks 5 and 6, plus one-half interest in Atlantic Way on the West and extending Eastward to the erosion control line, corrected plat to Altos Del Mar. No. 1, Plat Book 31, page 40 of the Public Records of Dade County, Fla. to be a public necessity; authorizing the acquisition of said properties by purchase donation or the filing of Eminent Domain pro- ceedings and declaration of taking as necessary)