RESOLUTION 93-20737 RESOLUTION NO. 93-20737
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DETERMINING IT TO BE IN THE
PUBLIC INTEREST OF THE CITY OF MIAMI BEACH TO CONSIDER
VACATING THE PUBLIC RIGHTS-OF-WAY AND ABANDONING THE
EXISTING CITY OWNED UTILITIES WITHIN THE RIGHTS-OF-WAY
LOCATED IN: A) A SEVENTY (70) FOOT ROADWAY KNOWN AS
JEFFERSON AVENUE, LOCATED BETWEEN 1ST AND 2ND STREET, B)
A FIFTEEN (15) FOOT ROADWAY KNOWN AS MELOY COURT, LOCATED
BETWEEN MERIDIAN AVENUE AND ALTON ROAD, IN BLOCK 78 AND
80, C) A TWENTY (20) FOOT ROADWAY KNOWN AS MERIDIAN
COURT, LOCATED BETWEEN MELOY COURT AND 2ND STREET, ALL OF
WHICH ARE LOCATED WITHIN OCEAN BEACH ADDITION NO. 3, AS
RECORDED IN PLAT BOOK 2, PAGE 81 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
WHEREAS, the Miami Beach Redevelopment Agency previously
approved the Cobb Project between 1st and 2nd Street and between
Alton Road and Washington Avenue; and
WHEREAS, the Miami Beach Redevelopment Agency has invested in
excess of $6, 000, 000 of public funds for the acquisition of
properties necessary to assemble the parcel of land for Cobb
Partners Project for construction of a Townhouse project to
stimulate development in the area, which includes the following
rights-of-way, and as delineated in "Exhibit A" attached hereto:
a) a seventy (7 0) foot roadway known as Jefferson Avenue,
located between 1st and 2nd Street, in Ocean Beach
Addition No. 3 , as recorded in Plat Book 2 , Page 81, of
the public records of Dade County, Florida; and
b) a fifteen (15) foot roadway known as Meloy Court, located
between Meridian Avenue and Alton Road, within Block 78
and 80 of Ocean Beach Addition No. 3 , as recorded in Plat
Book 2 , Page 81, of the public records of Dade County,
Florida; and
c) a twenty (20) foot roadway known as Meridian Court,
located between Meloy Court and 2nd Street, within Block
78 of Ocean Beach Addition No. 3 , as recorded in Plat
Book 2 , Page 81, of the public records of Dade County,
Florida; and
WHEREAS, it is in the public interest of the City of Miami
Beach and the Miami Beach Redevelopment Agency to have the Cobb
Partners Project completed on a timely basis; and
WHEREAS, the Agreement known as the "Cobb Development
Agreement" , entered into between the Miami Beach Redevelopment
Agency and Cobb Partners Development, Inc. , on March 31, 1989 ,
provides in "Exhibit K" thereto as follows:
1. "prior to the closing of the Contract of Sale, the Agency
shall request that the City initiate, as expeditiously as
possible, public hearings pursuant to applicable State
statutory and/or City Charter and Code requirements
necessary to consider and act upon the vacation of that
portion of Jefferson Avenue south of Second Street and
north of First Street and to abandon all City owned
utility lines within the property, including water,
sewer, and storm drain pipes, leaving them in place. . . . " ;
and
WHEREAS, the Mayor and City Commission have provided notice of
these vacation proceedings to the public; and
WHEREAS, the Mayor and City Commission have held a public
hearing to determine whether vacation of the above referenced
rights-of-way and abandonment of the existing City-owned utilities
therein would be in the best interest of the general public
welfare; and
WHEREAS, the Mayor and City Commission have made the following
determination:
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1. The aforementioned rights-of-way and City-owned utilities
therein are part of the City of Miami Beach road system
and, as such, the City of Miami Beach holds this property
in trust for the benefit of the public.
2 . The Mayor and the City of Miami Beach City Commission,
are duly vested with the authority to vacate the above
referenced rights-of-way and abandon the existing City-
owned utilities therein.
3 . The vacation of the aforementioned rights-of-way and
abandonment of the existing City-owned utilities therein
is found to be in the best interest of the general public
welfare.
4 . The vacation and discontinuance of the aforementioned
rights-of-way and abandonment of the existing City-owned
utilities therein is found not to be for the benefit of
a purely private interest; and
WHEREAS, after due consideration of all the facts and
circumstances, the Mayor and City Commission find it to be in the
best interest of the general public welfare to vacate and disclaim
any and all of the public' s right, title and interest in the
following rights-of-way and abandon the City-owned utilities
therein, for the area delineated in Exhibit A attached hereto and
as follows:
a) a seventy (7 0) foot roadway known as Jefferson
Avenue, located between 1st and 2nd Street, in
Ocean Beach Addition No. 3 , as recorded in Plat
Book 2 , Page 81, of the public records of Dade
County, Florida; and
3
b) a fifteen (15) foot roadway known and Meloy Court,
located between Meridian Avenue and Alton Road,
within Block 78 and 80 of Ocean Beach Addition No.
3 , as recorded in Plat Book 2 , Page 81, of the
public records of Dade County, Florida; and
c) a twenty (2 0) foot roadway known as Meridian Court,
located between Meloy Court and 2nd Street, within
Block 78 of Ocean Beach Addition No. 3 , as recorded
in Plat Book 2 , Page 81, of the public records of
Dade County, Florida.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that the City of
Miami Beach does hereby vacate and disclaim all of the public' s
right, title and interest in, and abandons the existing City-owned
utilities therein, to that portion of:
a) a seventy (70) foot roadway known as Jefferson
Avenue, located between 1st and 2nd Street, in
Ocean Beach Addition No. 3 , as recorded in Plat
Book 2 , Page 81, of the public records of Dade
County, Florida; and
b) a fifteen (15) foot roadway known and Meloy Court,
located between Meridian Avenue and Alton Road,
within Block 78 and 80 of Ocean Beach Addition No.
3 , as recorded in Plat Book 2 , Page 81, of the
public records of Dade County, Florida; and
4
c) a twenty (20) foot roadway known as Meridian Court,
located between Meloy Court and 2nd Street, within
Block 78 of Ocean Beach Addition No. 3 , as recorded
in Plat Book 2 , Page 81, of the public records of
Dade County, Florida. /
PASSED AND ADOPTED this 17th -:ay of March, 19 3 .
Or
MAYOR
ATTEST:
TI-Niaa (9: fwx
CITY CLERK Dep-ty
FORM APPROVED
LEGAL DEPT.
By V/ 4a1
Date (7 IC(11';
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FIRST STREET
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305)673-7010
FAX: (305)673-7762
COMMISSION MEMORANDUM NO. f3 WA/3
TO: Mayor Seymour Gelber and DATE: March 17, 1993
Members of the City Commission
FROM: Roger M. Cartt
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA, DETERMINING IT TO BE IN
THE PUBLIC INTEREST OF THE CITY OF MIAMI BEACH TO VACATE
THE PUBLIC RIGHTS-OF-WAY AND ABANDON THE EXISTING CITY
OWNED UTILITIES WITHIN THE RIGHTS-OF-WAY LOCATED IN
JEFFERSON AVENUE BETWEEN 1ST AND 2ND STREET, IN MELOY
COURT BETWEEN MERIDIAN AVENUE AND ALTON ROAD, AND IN
MERIDIAN COURT BETWEEN MELOY COURT AND 2ND STREET.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the Mayor and the City Commission adopt the
attached resolution determining it to be in the public interest of the City of Miami Beach
(City) tto vacate the described rights-.of-way and abandon existing City owned utilities.
BACKGROUND
On March 31, 1989, the Miami Beach Redevelopment Agency entered into an Agreement
with Cobb Partners Development, Inc., for the construction of a town-home project in an
effort to stimulate development in the South Pointe Redevelopment area. The First Phase
of said project encompasses the area bounded by Alton Road on the west, Meridian
Avenue on the east, First Street on the south, and Second Street on the north.
To date the Miami Beach Redevelopment Agency has expended public funds in excess of
$6,000,000 to assemble the properties necessary for this phase of the project,which includes
the following rights-of-way:
a) a seventy(70) foot roadway known as Jefferson Avenue, located between 1st
and 2nd Street, in Ocean Beach Addition No. 3, as recorded in Plat Book 2, Page 81, of
the public records of Dade County, Florida; and,
b) a fifteen(15)foot roadway known as Meloy Court,located between Meridian
Avenue and Alton Road, within Blocks 78 and 80 of Ocean Beach Addition No. 3, as
recorded in Plat Book 2, Page 81, of the public records of Dade County, Florida; and,
c) a twenty(20)foot roadway known as Meridian Court,located between Meloy
Court and 2nd Street, within Block 78 of Ocean Beach Addition No. 3, as recorded in Plat
Book 2, Page 81, of the public records of Dade County, Florida.
48
AGENDA
ITEM
DATE 3-1 -7 -93
1
•
Commission Memorandum Page 2 March 3, 1993
ANALYSIS
Pursuant to the Development Agreement, the Redevelopment Agency is obliged to deliver
the First Phase parcel to Cobb Partners by August of 1993 or risk losing a $500,000 deposit
and any interest that may have accrued. The Development Agreement also stipulates that,
prior to closing, the Redevelopment Agency would fully cooperate with Cobb Partners'
efforts to obtain vacation of the rights-of-way and abandonment of existing City owned
utilities within said rights-of-way.
The City Administration believes that the development of the site is in the public interest
of the City of Miami Beach and the timely commencement of the First Phase of the project
is deemed to be of the utmost importance, because it would help stimulate additional
development in the South Pointe area. Vacating the rights-of-way located within the First
Phase Parcel of the Cobb Project would facilitate this process.
CONCLUSION
The City Commission, by adopting the attached resolution for the purpose of vacating the
rights-of-way as shown on Exhibit "A" attached, and known as Jefferson Avenue located
between 1st and 2nd Street, Meloy Court located between Meridian Avenue and Alton
Road, and Meridian Court located between Meloy Court and 2nd Street, is thereby
assisting with the Redevelopment Agency's efforts to satisfy their contractual obligations
with Cobb Partners.
RMC/RAG/DR/et
Attachments
\et\as-r..aaobb-vae.ace
49
R.LSOLUTION NO. 93-20737
Determining it to be in the public interest
of the City of Miami Beach to consider
vacating the public rights-of-way and
abandoning the existing City owned
utilities within the rights-of-way located
in: a) a seventy (70) foot roadway known
as Jefferson Avenue, located between 1st
and 2nd street, . . . . . . •