96-21899 RESO
RESOLUTION NO. 96-21899
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA RATIFYING THE MIAMI BEACH
REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON FEBRUARY
20, 1996, REGARDING ACQUISITION OF THE PROPERTY HAVING A
STREET ADDRESS OF 1581 WASHINGTON AVENUE, LEGALLY
DESCRIBED ON EXHIBIT "A" WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN; SAID ACQUISITION DEEMED AND
DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY
REDEVELOPMENT AND RELATED ACTIVITIES AND THE CITY
CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND
REVIT ALIZA TION AREA HOTEL PROJECT; AND SPECIFICALLY
APPROVING AND AUTHORIZING THE ACQUISITION OF THE
PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY
THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS,
INCLUDING A DECLARATION OF TAKING, AS NECESSARY.
WHEREAS, it is necessary, beneficial and in the public interest to construct a public street
at 16th Street between Washington and Collins Avenues; and
WHEREAS, the construction of the street will, among other things, fulfill the public
purposes of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention
center hotel, enhancing the ability and quality of ingress and egress from a public parking garage to
be located just south of the new street and facilitating safe pedestrian and vehicular traffic between
the Loews Miami Beach and other hotels and the Miami Beach Convention Center; and
WHEREAS, in order to construct the street, it is necessary for the Miami Beach
Redevelopment Agency (the "RDA") to acquire, by purchase, donation or eminent domain
proceedings, fee simple title to the property (the "Property") having a street address of 1581
Washington Avenue, which is legally described on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the RDA is authorized pursuant to, among other authorities, Florida Statute
Section 163.370, to acquire property and to construct, reconstruct, plan and replan streets and roads;
and
WHEREAS, the Mayor and the City Commission by Resolution No. 92-20646 and the
Dade County Commission by Resolution No. R-14-93 declared the area known as the City
Center/Historic Convention Village Redevelopment and Revitalization Area, which includes the
Property, to be a Redevelopment Area in which conditions of slum and blight have been
demonstrated; and
WHEREAS, on February 20,1996, the RDA Board adopted a Resolution, attached hereto
and incorporated herein as Exhibit "B", finding, determining, and declaring the acquisition of the
Property to be a public necessity and in the best interest of the City, and further authorizing the RDA
to institute eminent domain proceedings on the Property, including the filing of a declaration of
taking, to acquire fee simple title to same for use in connection with the construction of a public
street and the City CenterIHistoric Convention Village Redevelopment and Revitalization Area hotel
project; and
WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality
or a community redevelopment agency, with the specific approval of the municipality, has the right
to acquire by condemnation any interest in real property which it deems necessary for, or in
connection with, community redevelopment and related activities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. The Mayor and City Commission hereby ratify the Miami
Beach Redevelopment Agency Resolution adopted on February 20, 1996, regarding
acquisition of the property having a street address of 1581 Washington Avenue,
Miami Beach, Florida, whose legal description is on Exhibit "A" attached hereto and
incorporated herein.
Section 2. The acquisition of the fee simple title interest to the Property
is deemed and declared to be necessary for, and in connection with, community
redevelopment and related activities under Chapter 163, Part III, Florida Statutes and
the City CenterIHistoric Convention Village Redevelopment and Revitalization Area
hotel project.
Section 3. The Mayor and City Commission hereby specifically approve
and authorize the acquisition of the fee simple title interest to the Property by the
RDA through the filing of eminent domain proceedings, pursuant to Section 163.375,
Florida Statutes, including a declaration of taking, as necessary.
Section 4.
This Resolution shall take effect immediately upon its passage.
PASSED and ADOPTED this
February
ATTEST:
_Ro~~ r~
CITY CLERK
AIT\kw
c:wpwin60\resos\ 1581 emdo.res
Attachments
FORM APPROVED
LEGAL DEjT"
By 1f fJIdL.
Date ?f I~ /!~_..
2
That part of 16th street as same is shown marked and designated on the
plat of FISHER'S PIRST SUBDIVISION OF ALTON BEACH, according to the
plat thereof, as recorded in Plat Book 2, at Page 77, of the Public
Records of Dade County, Florida described as follows:
Beginning at the NoX"thwest corner of Lot 11 in Block 57 run North along
EaBt line of WAshington Avenue 70 feet to South line of Lot 22 of Block
54; thence East along South line of Lot 22, 225 feet1 thence South 70
feet to North line of Lot 10, Block 57, thence West 225 feet to the
po~nt of beginning.
.,
..
. .
.. .
.
EXHIBITIIAII
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY DEEMING AND DECLARING
ACQUISITION OF FEE SIMPLE TITLE TO THE PROPERTY HAVING A
STREET ADDRESS OF 1581 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND INCORPORATED HEREIN, TO BE FOR THE PUBLIC
PURPOSE OF CONSTRUCTING A PUBLIC STREET AT 16TH STREET
BETWEEN WASHINGTON AND COLLINS AVENUES, AND DEEMING
AND DECLARING THE ACQUISITION AS NECESSARY FOR, AND IN
CONNECTION WITH, COMMUNITY REDEVELOPMENT AND RELATED
ACTIVITIES; AND AUTHORIZING THE ACQUISITION OF THE
PROPERTY BY PURCHASE, DONATION, OR THE FILING OF EMINENT
DOMAIN PROCEEDINGS AND A DECLARATION OF TAKING, AS
NECESSARY.
WHEREAS, it is necessary, beneficial and in the public mterest to construct a public street
at 16th Street between Washington and Collins Avenues; and
WHEREAS, the construction of the street will, among other things, fulfill the public
purposes of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention
center hotel, enhancing the ability and quality of ingress and egress from a public parking garage to
be located just south of the new street and facilitating safe pedestrian and vehicular traffic between
the Loews Miami Beach and other hotels and the Miami Beach Convention Center; and
WHEREAS, in order to CQIlstruct the street, it is necessary for the Miami Beach
Redevelopment Agency (the "RDA") to acquire, by purchase, donation or eminent domain
proceedings, fee simple title to the property (the "Property") having a street address of 1581
Washington Avenue, which is Jegally described on Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, the RDA is authorized pursuant to, among other authorities, Florida Statute
Section 163.370, to acquire property and to construct, reconstruct, plan and replan streets and roads;
and
WHEREAS, the Mayor and the City Commission by Resolution No. 92-20646 and the Dade
County Commission by Resolution No. R-14-93 declared the area known as the City CenterlHistoric
Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a
Redevelopment Area in which conditions of slum and blight have been demonstrated; and
EXHIBIT "BII
WHEREAS, the RDA has adopted a redevelopment plan for the City Center/Historic
Convention Village Redevelopment and Revitalization Area; and
WHEREAS, acquisition of property is a remedy to eliminate slum and blight; and
WHEREAS, the Summary of Findings Pertaining to Proposed Convention Headquarter
Hotels in Miami Beach, Florida, dated March, 1990, prepared by Laventhol & Horwath and the
Miami Beach Convention Village, Phase One: Convention Hotel Compatibility Study dated
September, 1992, prepared by Wallace, Roberts & Todd, Zyscovich, Inc., Kenneth Leventhal & Co.,
Hardy, Holzman Pfeiffer Associates and other studies determined that in order for the Miami Beach
Convention Center to survive, convention hotels supporting the Convention Center were necessary
in the immediate area; and
WHEREAS, the RDA finds, determines and declares that the acquisition of the Property is
a public necessity and is necessary, practical and in the best interest of the City; and
WHEREAS, the Executive Director of the RDA recommends that the RDA authorize the
RDA's General Counsel to institute eminent domain proceedings on the Property; and
WHEREAS, the RDA deems, finds, determines and declares that it is necessary to acquire
fee simple title to the Property in connection with community redevelopment and related activities
and the City CenterIHistoric Convention Village hotel project; and
WHEREAS, the RDA finds, determines and declares that the acquisition of the Property by
purchase, donation, or eminent domain proceedings, including a declaration of taking, is for the
public use and benefit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY that:
1. The RDA finds, determines, and declares that those 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 Executive Director of the RDA that the RDA's General
Counsel institute condemnation proceedings in order to acquire the fee simple title interest to the
Property in connection with community redevelopment and related activities and the City
Center/Historic Convention Village hotel project is hereby accepted and approved.
3. The acquisition of the fee simple title interest to the Property is deemed and declared
to be necessary for, and in connection with, community redevelopment and related activities under
Chapter 163, Part III, Florida Statutes and the City CenterIHistoric Convention Village
Redevelopment and Revitalization Area hotel project.
2
4. The RDA finds, determines, and declares that acquisition of the fee simple title
interest to the Property by purchase, donation, or eminent domain proceedings, including a
declaration of taking, is for the public use and benefit.
5. The RDA finds, determines and declares that the acquisition of the fee simple title
interest to the Property is a public necessity and is necessary, practical and in the best interests of
the City.
6. The RDA authorizes the Executive Director of the RDA and the RDA's General
Counsel, through special counsel engaged for such purposes, to acquire the fee simple title interest
to the Property through purchase, donation, or eminent domain proceedings, including a declaration
of taking.
7. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this _ day of
,1996.
CHAIRMAN
ATTEST:
SECRETARY
AIT/kw
c:\wpwin60\resos\1581 emdo.rda
FORM APPROVED
LEGAL DEPT
BY~
Date 1/ I f)jdJb"
3
That part of 16th Street as same is shown marked and designated on the
Plat of FISHER'S FIRST SUBDIVISION OP ALTON BEACH, according to the
plat thereof, as recorded in Plat Book 2, at Page 77, of the Public
Records of Dade County, Florida described as follows:
Beginning at the Northwest corner of Lot 11 in Block 57 run North along
EaBt line of WAshington Avenue 70 feet to South line of Lot 22 of Block
54; thence East along South line of Lot 22, 225 feet1 thence South 70
feet to North line of Lot 10, Block 57, thence West 225 feet to the
po~nt of beginning.
~
;
.. .
.-
EXHIBIT"A"
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. q q -910
Mayor Seymour Gelber and
Members of the City Commission
DATE: February 20, 1996
Jose Garcia_pedros~
City Manager
A Resolutio Ratifying the Miami Beach Redevelopment
Agency Resolution Adopted on February 20, 1996, Regarding
Acquisition of the Property Having a street Address of
1581 Washington Avenue, Legally Described on Exhibit "A"i
Said Acquisition Deemed and Declared to be Necessary in
Conjunction with Community Redevelopment and Related
Activities and the City Center/Historic Convention
Village Redevelopment and Revitalization Area Hotel
Projecti and Specifically Approving and Authorizing the
Acquisition of the Property by the Miami Beach
Redevelopment Agency through the Filing of Eminent Domain
Proceedings, Including a Declaration of Taking, as
Necessary.
RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
At the November 8, 1995 Commission meeting, Resolution #95-21812
was adopted determining that the acquisition of fee-simple title to
the property located at 1581 Washington Avenue was a public purpose
and directing the acquisition by purchase, donation or the filing
of eminent domain proceedings. A $2 million grant from the state
of Florida was the source of funds for this purchase, and for the
continuation of the Sixteenth Street right-of-way between Collins
Avenue and Washington Avenue. As identified in Commission
Memorandum No. 825- 95, dated November 8, 1995, the Miami Beach
Redevelopment Agency (the Agency) is proceeding with its goal of
economic stimulation and development in the City Center/Historic
Convention Village (CC/HCV) redevelopment area, and is negotiating
for the development of convention-quality hotel(s).
AGENDA ITEM
R'lG
2-2()-C}L,
DATE
ANALYSIS:
The above referenced property is necessary to develop a public
street as access to the garage and the garage facility itself, as
well as to permit proper traffic circulation and to create a view
corridor.
The Miami Beach Redevelopment Agency will issue bonds to finance
the construction of the proposed parking garage. This facility,
upon completion of the construction, will be owned by the Agency
and portions will be leased to the Convention Hotel operators. A
management agreement for the operation of the garage with the St.
Moritz Hotel Corporation (SMHC), the operator of the major
Convention Hotel, is anticipated. Currently, the SMHC has
undertaken the design phase of this garage.
At the advice of counsel, it has been determined that the Miami
Beach Redevelopment Agency should serve as the acquisition agent
for this property, as well as the property at 1575 Washington
Avenue, which was approved by the Agency on November 8, 1995, by
Resolution # 224-95, and the City Commission on November 8 and
November 21, 1995, by Resolution # 95-21811 and Ordinance # 95-
3021. Contact has been made with the State of Florida, and in all
likelihood the grant agreement with the City of Miami Beach can be
amended to name the Miami Beach Redevelopment Agency as the grant
recipient.
The two appraisals of the property prepared in February, 1995, and
updated in October, 1995, will be utilized, and if determined
necessary will be again updated.
CONCLUSION:
It is recommended that the City Commission approve the attached
Resolution ratifying the actions of the Agency to acquire the
property having a street address of 1581 Washington Avenue, Miami
Beach, by purchase, donation, or the filing of eminent domain
proceedings and declaration of taking, as necessary, as the
potential site for a public access road, view corridor, and public
parking garage.
JGP:MSD:jm ~