2017-30081 Resolution RESOLUTION NO. 2017-30081
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-
37(a)(2) OF THE CITY CODE, APPROVING THE VACATION OF 25
FEET OF A 50 FOOT RIGHT-OF-WAY (CITY'S ROW), LOCATED AT
THE WESTERLY END OF WEST 59TH STREET,AS SHOWN ON THE
LA GORCE-GOLF SUBDIVISION, DATED APRIL 8, 1925, AT PLAT
BOOK 14, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY,CONSISTING OF 5036 SQUARE FEET("VACATED AREA"),
WHICH VACATED AREA IS DELINEATED IN THE ATTACHED
COMPOSITE EXHIBIT "A", IN FAVOR OF THE ADJACENT
PROPERTY OWNER AMBASSA HOLDINGS, INC., (THE
APPLICANT); AND FURTHER CONDITIONING THE VACATION ON:
(1) THE GRANT OF A QUIT CLAIM DEED TO THE APPLICANT BY
THE CITY FOR THE VACATED AREA, ATTACHED HERETO AS
EXHIBIT B; (2) THE GRANT OF A QUIT CLAIM DEED BY THE
APPLICANT TO THE CITY FOR THE NORTHERN HALF OF
APPLICANT'S UNENCUMBERED PARCEL LOCATED ON LOT 25,
BETWEEN THE CITY'S ROW AND BISCAYNE BAY
(UNENCUMBERED PARCEL), ATTACHED HERETO AS EXHIBIT C;
(3)THE GRANT OF AN EASEMENT FROM APPLICANT TO THE CITY
ACROSS THE VACATED AREA FOR PUBLIC PURPOSE USE; AND
ALONG THE SOUTHERN PORTION OF THE APPLICANT'S
UNENCUMBERED PARCEL TO ALLOW THE CITY TO PROVIDE A
PUBLIC UTILITY EASEMENT TO BISCAYNE BAY, ATTACHED
HERETO AS EXHIBIT D; AND (4) APPLICANT'S PAYMENT OF A
VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF
$300,000; WHICH VACATION IS SUPPORTED BY THE ANALYSIS
PREPARED PURSUANT TO SECTION 82-38,OF THE CITY CODE, BY
THE CITY'S PLANNING DEPARTMENT; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE QUIT CLAIM DEED.
WHEREAS, the Subdivision Plat of La Gorce-Golf Subdivision, dated April 8, 1925,
delineates that the City owns a 50 foot right-of-way, that is known as the"West 59th Street
end," which is located westerly of North Bay Road and approximately 30 feet east of
Biscayne Bay (the City's ROW); and
WHEREAS, the City ROW does not extend to Biscayne Bay and, in fact, the right-
of-way ends approximately 30 feet from the waterway (See Composite Exhibit A); and
WHEREAS, south of, adjacent to and abutting the City's ROW, there is a single
family home located at 5860 North Bay Road; and
WHEREAS, Ambassa Holdings, Inc. (hereinafter "the Applicant") is the owner of
5860 North Bay Road; and
WHEREAS,the Applicant also owns an approximately 50 foot wide by 30 foot long,
unencumbered parcel (hereinafter"Unencumbered Parcel"), known as Lot 25, to the west
of the City's ROW, which Unencumbered Parcel is adjacent to Biscayne Bay, to the west,
and the City's ROW to the east; and
WHEREAS, the Applicant is requesting that the City vacate the southern half of the
City ROW, as identified in Composite Exhibit A, in exchange for the northern half of the
Applicant's Unencumbered Parcel, also identified in Composite Exhibit A; and
WHEREAS, the Applicant seeks to have the City vacate half of the City's ROW, in
order to allow the Applicant to build a new single family home without intrusion into
setbacks; and
WHEREAS, in exchange, by obtaining title to the northern half of the
Unencumbered Parcel, the City would have unimpeded access to Biscayne Bay; and
WHEREAS, in addition, the Applicant shall also grant the City an easement
throughout the vacated portion of the City's ROW, so that the City may install utilities,
including an underground stormwater pump station and lines within the easement area;
and
WHEREAS, pursuant to City Code Section 82-37(a)(1), the vacation request was
referred by the City Manager to the Finance and Citywide Projects Committee, and was
heard on February 17, 2017; and
WHEREAS, the City and the Applicant prepared appraisals relating to the area
being vacated and the Applicant's property proposed to be deeded to the City; and
WHEREAS, the City obtained an independent appraisal from Lee H. Waronker,
MAI, SRA of the fair market value of the proposed vacated right-of-way, valuing the
vacation at $250,000 (for the southern half of the City's ROW); and
WHEREAS, should the City Commission approve the proposed vacation of half of
the City's ROW, and the transfer of ownership to the City of the northern half of the
Unencumbered Parcel, the City would be responsible for the seawall associated with the
waterfront land;
WHEREAS, as the City desires to create pocket parks and access to Biscayne Bay
(and the Blue Ways of Miami Dade County), the City would need to ensure that the old
seawall is elevated and rebuilt to the City's standards; and
WHEREAS, as the City had not contemplated responsibility for the seawall, and due
to the proposed vacation, the Applicant has agreed to provide the City a voluntary
contribution of$300,000, which would be used by the City for a public purpose, including
but not limited to construction of the seawall; and
WHEREAS, the vacation of half of the City's ROW, shall be contingent upon:
a) the Applicant deeding to the City the northern 25 foot portion of the Unencumbered
Parcel to the City via quit claim deed, so that the City has a continuous, 25 foot long
easement from the southern end of North Bay Road at the West 59th Street end to
Biscayne Bay; and
b) the Applicant providing an easement across the vacated City ROW, as well as the
remaining portion of the Unencumbered Parcel that is not deeded to the City, in
order to create a 25 foot long continuous easement the northern portion of North
Bay Road at the West 59th Street end to Biscayne Bay; and
c) the Applicant paying a $300,000 voluntary contribution to the City to be used for a
public purpose; and
WHEREAS, Section 177.085, Florida Statutes provides that, upon the abandonment
of a right-of-way, all rights to the former right-of-way revert to the owners of the lots
abutting such right-of-way; and
WHEREAS, a City may vacate roads when the vacation is in the public interest, or
when the street is no longer required for public use and convenience; and
WHEREAS, as only half of the City's ROW is being proposed for vacation, the only
person eligible to title of said vacated City ROW is Applicant; and
WHEREAS, Applicant, as the owner of the adjacent and adjoining Property to the
City's ROW, has requested that the City vacate half of the right-of-way, and has submitted
its application to the City's Public Works Department; and
WHEREAS, pursuant to the City's existing administrative policies and procedures to
consider the vacation of the City streets, alleys, and/or rights of way, which also require
compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish
the procedures governing the sale or lease of public property), in addition to the
aforestated application, prior to considering a request for vacation, the following
requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard
by the City Commission on two separate meeting dates, with the second reading
to be accompanied by a duly noticed public hearing, in order to obtain citizen input
into the proposed vacation; and
2) The proposed vacation shall be transmitted to the Finance and Citywide
Projects Committee ("Committee") for its review(Note: The Committee reviewed
the proposed vacation at its February 17, 2017); and
3) In order for the City Commission and the public to be fully appraised of
all conditions relating to the proposed vacation, the City's Planning Department
shall prepare a written planning analysis, to be submitted to the City
Commission concurrent with its consideration of the proposed vacation; and
4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated, which shall include a definition of the
property based on proposed and possible issues including, without limitation,
the highest and best use of the property by the Applicant (Note: An appraisal
was obtained by the City's Public Works Department and provided to the
Finance Committee at its February 17, 2017 meeting); and
WHEREAS, although the City's procedures for the lease or sale of public property
also requires an advertised public bidding process, the requirement may be waived by
517th vote; in this case, and due to the nature of the law pertaining to the vacation of rights-
of-ways, the City Administration recommends that the Mayor and City Commission waive
the competitive bidding requirement, finding that the public interest is served by waiving
such condition; and
WHEREAS, the Administration, through its Public Works Department, hereby
represents that the Applicant has complied with the application requirements and
submittals in accordance with the City's Guidelines for Vacation or Abandonment of Streets
or Other Rights-of-Way; and
WHEREAS, at its July 26,2017 meeting, pursuant to City Code Section 82-38, the
City Commission approved the Resolution on First Reading, and scheduled a public
hearing to consider the request for the proposed vacation; and
WHEREAS, at the July 26, 2017 meeting, the Administration requested and
received the authorization from the City Commission to waive the competitive bidding
requirements of 82-39(a), be waived, as by operation of law, the adjacent property owners
are the owners of a vacated right-of-way; and
WHEREAS, pursuant to City Code Section 82-38, the Planning Department has
prepared a report of the six(6) criteria elements for vacating City Property, a copy of which
is attached to the Public Works Staff Report; and
WHEREAS, the impact on adjacent properties would be positive, as the access
easement along the southern boundary of the proposed vacated City right-of-way would be
improved, maintained, and secured by the Applicant; and
WHEREAS,the City has determined that there is public purpose to the right-of-way
vacation, as it ensures that the community's needs are met, by providing water front
access to the public; and
WHEREAS, the City Administration recommends schedule second reading, public
hearing and approving the vacation of the southern half of the City's Parcel under the
terms and conditions of this resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission following a duly noticed public hearing, as required pursuant to section 82-
37(a)(2), of the City Code, approving the vacation of 25 feet of a 50 foot right-of-way
(City's ROW), located at the westerly end of West 59th Street, as shown on the La Gorce-
Golf Subdivision, dated April 8, 1925, at Plat Book 14, page 43, of the Public Records Of
Miami-Dade County, consisting of 5036 square feet("Vacated Area"),which Vacated Area
Is delineated in the attached Composite Exhibit"A", in favor of the adjacent property owner
Ambassa Holdings, Inc., (the Applicant); and further conditioning the vacation on: (1)the
grant of a quit claim deed to the Applicant by the City for the Vacated Area, attached
hereto as Exhibit B; (2) the grant of a quit claim deed by the Applicant to the City for the
northern half of Applicant's unencumbered parcel located on Lot 25, between the City's
Row and Biscayne Bay(Unencumbered Parcel), attached hereto as Exhibit C; (3)the grant
of an easement from Applicant to the City across the Vacated Area for public purpose use;
and along the southern portion of the Applicant's Unencumbered Parcel to allow the City to
provide a public utility easement to Biscayne Bay, attached hereto as Exhibit D; and (4)
Applicant's payment of a voluntary monetary contribution, in the amount of $300,000;
which vacation is supported by the analysis prepared pursuant to Section 82-38, of the City
Code, by the City's Planning Department; and authorizing the Mayor and City Clerk to
execute the vacation.
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Resolutions - R7 D
MIAAAI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 31, 2017
9:51 a.m. Public Hearing
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS
REQUIRED PURSUANT TO SECTION 82-37(a)(2) OF THE CITY CODE,
APPROVING THE VACATION OF 25 FEET OF A 50 FOOT RIGHT-OF-WAY (CITY'S
ROW), LOCATED AT THE WESTERLY END OF WEST 59TH STREET, AS
SHOWN ON THE LA GORCE-GOLF SUBDIVISION, DATED APRIL 8, 1925, AT
PLAT BOOK 14, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
CONSISTING OF 5,036 SQUARE FEET ("VACATED AREA"), WHICH VACATED
AREA IS DELINEATED IN THE ATTACHED COMPOSITE EXHIBIT "A", IN FAVOR
OF THE ADJACENT PROPERTY OWNER AMBASSA HOLDINGS, INC., (THE
APPLICANT); AND FURTHER CONDITIONING THE VACATION ON: (1) THE
GRANT OF A QUIT CLAIM DEED TO THE APPLICANT BY THE CITY FOR THE
VACATED AREA, ATTACHED HERETO AS EXHIBIT B; (2) THE GRANT OF A QUIT
CLAIM DEED BY THE APPLICANT TO THE CITY FOR THE NORTHERN HALF
OF APPLICANT'S UNENCUMBERED PARCEL LOCATED ON LOT 25, BETWEEN
THE CITY'S ROW AND BISCAYNE BAY (UNENCUMBERED PARCEL), ATTACHED
HERETO AS EXHIBIT C; (3) THE GRANT OF AN EASEMENT FROM APPLICANT
TO THE CITY ACROSS THE VACATED AREA FOR PUBLIC PURPOSE USE; AND
ALONG THE SOUTHERN PORTION OF THE APPLICANT'S UNENCUMBERED
PARCEL TO ALLOW THE CITY TO PROVIDE A PUBLIC UTILITY EASEMENT TO
BISCAYNE BAY, ATTACHED HERETO AS EXHIBIT D; AND (4) APPLICANT'S
PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF
$300,000; WHICH VACATION IS SUPPORTED BY THE ANALYSIS PREPARED
PURSUANT TO SECTION 82-38, OF THE CITY CODE, BY THE CITY'S
PLANNING DEPARTMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE QUIT CLAIM DEED.
ANALYSIS
West 59th Street end (located westerly of North Bay Road) is a 50-foot wide City owned right-of-way
(ROW), per the Recorded Subdivision Plat of La Gorce-Golf Subdivision, dated April 8, 1925 by
Miami Beach Bay Shore Co..
On said Subdivision Plat, westerly of and adjacent to the westerly end of West 59th Street, there is
an unnumbered parcel shown, approximately 30 feet by 50 feet. Mr. Robert J. Schidler is listed as a
previous owner of the unnumbered parcel, as well as previous owner of the southerly and adjacent
Lot 25 (the unnumbered parcel is subject to a utility easement from subdivision developer Miami
Beach Bay Shore Co., to the City of Miami Beach, dated June 29, 1925).
Page 117 of 376
Ambassa Holdings, Inc. c/o Christian Berdoure, current owner of said parcels, is requesting that the
City vacate the southerly portion of its ROW, located on West 59th Street west of North Bay Road,
in exchange for a half of a portion of the private property to make the remaining right of way extend all
the way to the bay. An easement will be granted for utilities under the vacated right-of-way and the
corresponding piece of property abutting the bay to form a continuous easement.
An item was discussed at the Finance and Citywide Projects Committee on February 17, 2017. The
Committee recommended accepting the appraised value and similar valuation of the land to be
acquired. However, with City ownership of the waterfront property, also comes the burden of
rebuilding the seawall to the City's standards, which needs to be considered.
After negotiations with the current owner's representative, a voluntary monetary contribution of
$300,000 was agreed upon for:
a) The City vacating the southerly half of the right-of-way;
b) The owner providing an easement across the vacated parcel as well as a portion of the retained
parcel creating a continuous easement from North Bay Road to the bay; and
c) The owner transferring ownership to the City the portion of the property to create a continuous
right-of-way to the bay.
Although the City's procedures for the lease of sale or sale of public property require an advertised
public bidding process, the requirement may also be waived by 5/7th vote of the City Commission; in
this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City
Administration recommends that the Mayor and City Commission waive the competitive bidding
requirement, finding that the public interest is served by waiving such conditions.
The vacation of this ROW serves a public purpose, by providing direct access to the water as the
current ROW stops 30 feet short of waters'edge.
Pursuant to the City's existing administrative policies and procedures to consider the vacation of the
City streets, alleys, and/or rights-of-way, which also require compliance with Article II, Sections 82-36
through 82-40 of the City Code (which establish procedures governing the sale or lease of public
property), prior to considering a request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be accompanied by a duly
noticed public hearing, in order to obtain citizen input of the proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee for
its review, which occurred on February 17, 2017;
3) In order for the City Commission and the public to be fully appraised of all conditions relating to the
proposed vacation, the City's Planning Department shall prepare a written planning analysis, to be
submitted to the City Commission concurrent with its consideration of the proposed vacation, which is
attached; and
4) The City shall obtain an independent appraisal of the fair market value of the property proposed to
be vacated. The appraisal dated December 9, 2016 resulted in an "across the fence" value of
$250,000 which is also attached.
Page 118 of 376
At it's July 26, 2017 meeting, the City Commission approved the setting of the public hearing at its
next meeting in October to consider approving the ROW vacation. At the City Commission meeting of
October 18, 2017, the public hearing was opened and continued.
CONCLUSION
Vacation of the public ROW is consistent with the Goals, Objectives, and Policies of the
Comprehensive Plan. The vacation of the southern portion of the westerly end of the West 59th
Street public ROW will generate no negative impacts for the surrounding area. The property would
continue to serve in much the same manner, and public access to the bay could be provided.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
a Resolution
CI Appraisal Report
a Signed Survey
a Analysis
a Legal Description
a Advertisement
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Page 119 of 376