Loading...
93-20737 RESO 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 (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 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 publ ic welfare; and WHEREAS, the Mayor and City commission have made the following determination: 2 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 (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 publ ic 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 (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. 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 Al ton 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, Florid. /-L ~ PASSED AND ADOPTED this 17th MAYOR ATTEST: ,.---"-"', , '(t -- / ' I L it1/Ztl1/i ((_ i /;J/7CX //z/ / ,/ CITY CLERK -; ,/ ""j") " /, l!f ,; ',' ! " /.' J ,-,,.,'! (, .,. ;J' 1~ ,,1,;, .,. / _..".,1.- >.-'1. FORM APPROVED ') LEGAL DEPT. )::/' By \/,. ?J~~-v Tfl?'7~ Date Lf ) / y./ '1J l I I jm\a:\rja\cobb1st.res 5 / ~ :t:.. -.. . (J ~ --. ... . ""'f z .. a ~ i m " !I m ... '" ,~ -z: , J5 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 173-7010 'AX: (305) 173-7712 COMMISSION MEMORANDUM NO. 13X-~3 FROM: Mayor Seymour Gelber and Members 01 the CIty Commission Roger M. ea...L1 ... J::l I CltyMana~'~ DATE: March 17, 1993 TO: SUBJECT: A RESOLUTION OF TIlE MAYOR AND TIlE CI1Y COMMISSION OF 11IE CI1Y OF MIAMI BEACH, FLORIDA, DETERMINING IT TO BE IN 11IE PUBUC INTEREST OF TIlE CI1Y OF MIAMI BEACH TO VACATE 11IE PUBLIC RlGHTS-OF.WAY AND ABANDON TIlE EXISTING CI1Y OWNED UTlLmES WlTIfIN TIlE RlGHTS-OF.WAY LOCATED IN JEFFERSON AVENUE BE1WEEN 1ST AND lND STREET, IN MELOY COURT BE1WEEN MERIDIAN AVENUE AND ALTON ROAD, AND IN MERIDIAN COURT BE1WEEN MELOY COURT AND lND 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) to 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 effon 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 nonb. To date the Miami Beach Redevelopment Agency has expended public funds in excess of 56,000,000 to assemble the propenies 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 (IS) foot roadway known as Meloy Cou", 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 Cou", located between Meloy Coun 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. .18 AGENDA Q _ --::l _ l'--... ITEM~ DATE 3-/7~q3 ~ Commission Memorandum Pagel March 3, 1993 ANALYSIS Pursuant to the Development Agreement, the Redevelopment Agency is obliged to deliver the First Phase parcel to Cobb Panners by August of 1993 or risk losing a $500,000 deposit and any interest that may have accrued. The Development Agreement also stipulatcs that, prior to closing. the Redevelopment Agency would fully cooperate with Cobb Partners' efforts to obtain vacation of the rights-of-way and abandonmcnt of existing City owned utilities within said rights-of-way. The City Administration belicves that the development of the site is in thc public intercst of the City of Miami Beach and the timely commencement of the First Phase of the project" is dcemed to be of the utmost imponance, 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 Thc 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 CoU" located between Meridian Avenue and Alton Road, and Meridian CoU" located between Meloy Coun and 2nd Street, is thereby assisting with the Redevelopment Agency's efforts to satisfy their contractual obligations with Cobb Panners. RMC/RAG/DR/et Attachments 0:1_1__1_ 49