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RESOLUTION 92-20688 • , RESOLUTION NO. 92- 20688 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING THE ACQUISITION OF FEE SIMPLE TITLE TO THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS LOT 12 , AND THE NORTH ONE FOOT OF LOT 11, BLOCK 15, OCEAN BEACH ADDITION NO. 2 , AS RECORDED IN PLAT BOOK NO. 2 , PAGE 56 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS 1027 COLLINS AVENUE) , AND LOT 15 , BLOCK 15, OCEAN BEACH ADDITION NO. 2 , AS RECORDED IN PLAT BOOK NO. 2 , PAGE 56, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS 1051 COLLINS AVENUE) , AS THE 10TH STREET/COLLINS AVENUE, OFF-STREET PARKING PROJECT SITE TO BE A PUBLIC NECESSITY; DIRECTING THE ACQUISITION OF SAID PROPERTIES BY PURCHASE, DONATION OR THE FILING OF EMINENT DOMAIN PROCEED- ING; AND, REPEALING RESOLUTION NO. 92-20525. WHEREAS, the City Commission of the City of Miami Beach has determined that it is necessary, expedient and in the public interest to construct a municipal parking facility within the area located on the east side of Collins Avenue, between 10th and lith Streets; and WHEREAS, the City of Miami Beach has located certain parcels of land on the east side of Collins Avenue, between 10th and 11th Streets which are needed for the construction of the 10th Street/Collins Avenue Off-Street Parking Project; and WHEREAS, the legal descriptions of the specific parcels of land needed for the construction of the 10th Street/Collins Avenue off-street Parking Project are: Lot 12 , and the north one foot of Lot 11, Block 15, Ocean Beach Addition No. 2 , as recorded in Plat Book No. 2 , Page 56, of the Public Records of Dade County, Florida (1027 Collins Avenue) ; Lot 15, Block 15, Ocean Beach Addition No. 2 , as recorded in Plat Book No. 2 , Page 56 , of the Public Records of Dade County, Florida (1051 Collins Avenue) ; and WHEREAS, the City of Miami Beach has determined the necessity to re ac uibypurchase, donation or eminent domain proceedings fee simple q title to said parcels of land for the construction of a municipal parkingfacility within the area located on the east side of Collins Avenue, between 10th and 11th Streets; and WHEREAS, it is the intention of the City of Miami Beach to adopt 1 A this resolution affirming its determination that it is necessary, expedient and in the public interest to construct a municipal parking facility within the area located on the east side of Collins Avenue, between 10th and 11th Streets; and, WHEREAS, it is the intention of the City of Miami Beach to adopt this resolution affirming its determination that the acquisition of the above-described properties by purchase, donation, or eminent domain proceedings, is for the public use and benefit; and WHEREAS, negotiations for the acquisition of said parcels of land by purchase or donation have been unsuccessful and it is therefore necessary to exercise the power of eminent domain; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; 1. That the matters set forth in the foregoing recitals are true and correct and are hereby adopted and incorporated as part of this Resolution. 2 . That it is hereby determined and declared that it is necessary and in the public interest to acquire fee simple title to the following legally described parcels of land, by voluntary conveyance or eminent domain, for the construction of the 10th Street/Collins Avenue Off- Street Parking Project: Lot 12 , and the north one foot of Lot 11, Block 15, Ocean Beach Addition No. 2 , as recorded in Plat Book No. 2 , Page 56, of the Public Records of Dade County, Florida (1027 Collins Avenue) ; Lot 15, Block 15, Ocean Beach Addition No. 2 , as recorded in Plat Book No. 2 , Page 56, of the Public Records of Dade County, Florida (1051 Collins Avenue) ; and 3 . That the City Attorney through its staff or through special counsel engaged for such purposes, be and is hereby authorized and directed to file eminent domain proceedings in the name of the City of Miami Beach for the purpose acquiring fee simple title to the above described parcels of land needed for the construction of the 10th Street/Collins Avenue Off -Street Parking Project. 4 . That before and during such eminent domain proceedings, the City Attorney and the City Manager are authorized to continue to negotiate with the property owners to acquire title to said parcels of land by purchase or donation. 5. That the City Attorney is authorized to contract with an abstract company for necessary real estate title searches, to employ real estate appraisers, engineers and other expert witnesses and to take all steps necessary in connection with such proceedings. 2 . 1 , . ♦ 6. That Resolution No. 92-20525 adopted on June 17 , 1992 is hereby repealed in its entirety. PASSED and ADOPTED this 16th day of December , 1992 . , N 411 Ilir ho / / I ' YOR 41111111 Attest by: --e.,.),,,_„A F___. .7G,_ , City Clerk . Approved as to Form: om\ Legal Department 4,7 ' ' / -2- /6 72- Date 3 + l . • 1 e , CITY OF MIAMI BEACH (7:;i CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 7f -9i TO: Mayor Seymour Gelber and DATE: December 16, 1 9 9 2 Members of the City Commission FROM: Roger M. C Manager- � � � �v gGatti,, SUBJECT: RESOLUTION DIRECTING THE ADMINISTRATION TO ACQUIRE THE PROPERTY FOR THE PROPOSED OFF-STREET PARKING FACILITY AT 10TH STREET AND COLLINS AVENUE ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission adopt the attached resolution directing the City Manager and the City Attorney, through their staff or through special council engaged for such purposes, to proceed with the acquisition through purchase, donation, or eminent domain proceedings, including declaration of taking, of the properties located at 1027 Collins Avenue (Lot 12, and the north one foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida) , and 1051 Collins Avenue (Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida) for use in connection with the construction of the above referenced off-street parking facility. BACKGROUND: On January 22, 1992, The City Commission accepted a report of the Finance Committee meetings of January 6 and 21, 1992, recommending that the City Commission direct staff to proceed with development of a municipal parking structure between 10th and 11th Streets on Collins Avenue. On February 19, 1992, the City Commission adopted Resolution No. 92- 20455, accepting and approving the administration's recommendation to award professional services contracts to Amerifirst, Inc. , and Cole and Kerestes, Inc. , to appraise the properties needed for the proposed off-street parking project. • On June 17 , 1992 , the Administration recommended the acquisition of the above described lots for the purpose of constructing the proposed off-street parking facility. On that same date, the City Commission adopted Resolution No. 92-20525 which found, determined, and declared that; the selected site met with their approval; the acquisition of the above described property was necessary; the City Manager be authorized to proceed with the acquisition of the required properties. 181 . . .continued AGENDA ITEM DATE 1 - �� • ANALYSIS: The Administration has made, and will continue to make, a good faith effort to negotiate with the owners of the properties that need to be acquired for this project. Although, negotiations are continuing, the Administration has not been able to come to terms with either of the property owners as of this date. Because of the foregoing, the Administration believes that there is a growing possibility that the City may be forced to use its eminent domain power to acquire these properties. 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'''' 1 if • �I • , *1 _ 7-g, -• .. . . . -- -„ _ •;,� - . • • •� oh �,,. • • lie .. - • ��� I , I r'" • Ar t.• RESOLUTION NO. 92-20525 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SITE SELECTION AS TO THE LOCATION OF THE 10TH STREET/COLLINS AVENUE OFF-STREET PARKING PROJECT; DECLARING ACQUISITION OF THOSE PROPERTIES IDENTIFIED AND DESCRIBED AS LOT 12, AND THE NORTH ONE FOOT OF LOT 11, BLOCK 15, OCEAN BEACH ADDITION NO. 2, AS RECORDED IN PLAT BOOK NO. 2, PAGE 56, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS 1027 COLLINS AVENUE) , AND LOT 15, BLOCK 15, OCEAN BEACH ADDITION NO. 2, AS RECORDED IN PLAT BOOK NO. 2, PAGE 56, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS 1051 COLLINS AVENUE) , AS THE 10TH STREET/COLLINS AVENUE, OFF-STREET PARKING PROJECT SITE TO BE A PUBLIC NECESSITY, AUTHORISING THE ACQUISITION OF SAID PROPERTIES BY PURCHASE, DONATION OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND DECLARATION OF TARING, AS NECESSARY. WHEREAS, for the purposes of constructing future parking facilities, the City of Miami Beach desires to acquire several parcels of land located in the City of Miami Beach, within the area located on the east side of Collins Avenue, between 10th and 11th Streets; and WHEREAS, the City Commission desires to approve the selection of the aforementioned sites as the site of the 10th Street/Collins Avenue Off-Street Parking Project; and WHEREAS, the legal descriptions of the specific properties to be acquired are: Lot 12, and the north one foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida (1027 Collins Avenue) • and • Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida (1051 Collins Avenue) ; and WHEREAS, the City Commission finds, determines and declares that it is necessary to acquire fee simple title P to the above-described properties for use in connection with construction ruction of the 10th Street/Collins Avenue Off-Street ParkingProject; and 186 • WHEREAS, the City Commission, determines and declares that acquisition of the above-described properties is aP ublic 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 DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that 1. This City Commission finds, determines and declares that the 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 City Manager as to the selection of the above-described properties as the site for the 10th Street/Collins Avenue Off-Street Parking Project is hereby accepted and approved. 3 . The recommendation of the City Manager as to the acquisition of the above-described properties as the site for the • 10th Street/Collins Avenue Off-Street Parking Project is hereby accepted and approved. 4 . This City Commission declares that it is necessary to acquire fee simple title to the following legally described properties as the site for the 10th Street/Collins Avenue Off- Street Parking Project: Lot 12, and the north one foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida (1027 Collins Avenue) ; and Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida (1051 Collins Avenue) ; and 187 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 properties through purchase, donation or through eminent domain proceedings, including declaration of taking. PASSED and ADOPTED this day of ,1 1 e /(92. --., l' MAYOR Attest by: ) / At, ()- .0 , 1. , 4. / , ICC-, 4'• L City Clerk 41(176,9 Approved as tForm: ,...1/' Department al t 6 -111i Date WHH:blb Attachment 188 • t • CITY OF MIAMI BEACH "1:1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673.701C FAX: (305) 673-778: COMMISSION MEMORANDUM NO.- DATE: Jude 17 . 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. City Manager )a/lit=. SUBJECT: 10TH STREET/COLLINS AVENUE OFF-STREET PARKING PROJECT ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission find, determine and declare that the acquisition of the described properties located at 1027 Collins Avenue (Lot 12, and the north one . foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida) , and 1051 Collins Avenue (Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida) of public necessity and are necessary, practical, and in the best interest of the City of Miami Beach for use in connection with the construction of off-street parking facilities. Further, that the City Commission authorize the City Manager and the City Attorney, through their staff or through special council engaged for such purposes, to acquire the described properties through purchase, donation or through eminent domain proceedings, including declaration of taking. BACKGROUND: On January 22, 1992, The City Commission accepted a report of the Finance Committee Meetings of January 6 and 21, 1992, wherein said Committee recommended that the City Commission direct staff to proceed with development of a municipal parking structure between 10th and 11th Streets on Collins Avenue. On. February 19. 1992, the City Commission, by Resolution No. 92- 20455, adopted, accepting and approving the administration's recommendation for award of professional appraisal services to Amerifirst, Inc. , and Cole and Kerestes, Inc. , M.A.I. , Appraisers, for the properties needed in Block 15, Ocean Beach Addition No. 2, commonly known as the proposed municipal parking facility on Collins Avenue, between 10th and 11th Streets: The following properties were to be appraised:• 1027 Collins Avenue 1051 Collins Avenue 1059 Collins Avenue, and 124 11th Street continued. . . • 184 • • Comm. Memo/10th Street - 2 - June 17, 1992 Off-Street Parking Project ANALYSIS: The geometry that is required in order to build a parking garage is the aggregation of at least four 50-foot frontage lots, making a total of 200-front feet. In that it was discovered that 124-11th Street was a rare Bauhaus-style building, which was given an award in 1986 as the best Art Deco Building in America, this property was dropped from the parcels to be appraised. Both properties (1027 and 1051 Collins Avenue) are listed in the City's Historic Properties Data Base as "non-historic, " but are within a local historic district. As set forth in the City's Zoning Ordinance, demolition of non-historic buildings requires a Public Hearing and approval ,by the City's Historic Preservation Board. The purpose of the review is to insure that the replacement structure is consistent with the surrounding historic district. If the City Commission approves the recommendations contained in this memorandum, the Administration will file the, appropriate applications with the City's Historic Preservation Board in order to seek its approval for the demolition of the subject properties. CONCLUSION: All of the properties in the proposed 10th Street/Collins Avenue Off- Street ff-Street Parking Project site are located in the MXE (Mixed-Use Entertainment) Zoning District and the Ocean Drive/Collins Avenue Historic District. The property at 1059 Collins Avenue has been converted to a mixed-use retail commercial building, and its historical status is non-historic conforming to the district. Because of this buildings recent renovation into retail commercial spaces and its high appraised value, as well as the potential necessity of buying-out existing leases and providing relocation assistance, this structure is not recommended for acquisition. This project was not reviewed by the Parking Task Force because the concept of establishing a garage at the 10th Street location has been under consideration for some time. In addition, because of our awareness for the need for parking facilities balanced over historic preservation issues and concerns, we felt that it would be appropriate to expedite the issue before the City Commission at this time. RMC:WHH:blb Attac •11 s 185 P ORIGINAL RESOLUTION NO. 92-20688 Determining the acquisition of fee simple title to those properties identified and described as Lot 12, and the north one foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida (also known as 1027 Collins Avenue) , and Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the Public Records of Dade County, Florida (also kr-'wn as 1051 Collins Avenue) , as the 10th Street/Collins Avenue, off-street parking project site to be a public necessity; directing the acquisition of said properties by purchase, donation or the filing of eminent domain proceeding; and repealing Resolution No. 92-20525. 111111111111111111L........... OMMOMMO