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278-97 RDA RESOLUTION NO. 278-97 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, DEEMING AND DECLARING ACQUISITION OF CERT AIN PROPERTIES HA VING STREET ADDRESSES OF 340 23RD STREET, 300 23RD STREET, 313 22ND STREET, 224 23RD STREET, 227 AND 245 22ND STREET, AND 21122ND STREET, MIAMI BEACH, FLORIDA, EACH BEING LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, TO BE A PUBLIC NECESSITY FOR A CITY CENTER/HISTORIC CONVENTION VILLAGE CULTURAL CENTER PROJECT, AND DEEMING AND DECLARING THE ACQUISITION AS NECESSARY FOR, AND IN CONNECTION WITH, COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES; AND AUTHORIZING THE ACQillSITION OF THE PROPERTIES BY PURCHASE, DONATION, OR THE FILING OF EMINENT DOMAIN PROCEEDINGS AND A DECLARATION OF TAKING, AS NECESSARY, AS A POTENTIAL SITE FOR A CULTURAL CENTER. 'WHEREAS, the City of Mia.rni Beach (the "City") and the Miami Beach Redevelopment Agency ("RDA") are proceeding with their goal of economic stimulation and development by assisting in the development of a cultural center, consisting of a Metro-Dade Regional Library, the site for the Miami City Ballet facility, a parking garage, and other related facilities (the "Cultural Center") within the City CenterIHistoric Convention Village Redevelopment and Revitalization Area; and WHEREAS, for the purpose of realizing the Cultural Center project, the RDA must acquire, by purchase, donation or eminent domain, each of the properties (the "Properties") having street addresses of 340 23rd Street ("Property 1 "), 300 23rd Street ("Property 2"), 313 22nd Street ("Property 3"),224 23rd Street ("Property 4"),227 and 245 22nd Street ("Property 5"), and 211 22nd Street ("Property 6"), Miami Beach, Florida, each being legally described on Exhibit "A" attached hereto and incorporated by reference herein; 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 CenterIHistoric Convention Village Redevelopment and Revitalization Area, which includes the Properties, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated; and WHEREAS, the RDA has adopted a redevelopment plan for the City CenterIHistoric Convention Village Redevelopment and Revitalization Area; and WHEREAS, acquisition is a remedy to eliminate slum and blight and preserve historic properties by undertaking the necessary efforts to redevelop them according to approved plans; and WHEREAS, the RDA finds, determines and declares that the acquisition of each of the Properties 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 each of the Properties; and WHEREAS, the RDA deems, finds, determines and declares that it is necessary to acquire fee simple title to each of the Properties, including but not limited to any ground lessor's interest, in connection with community redevelopment and related activities and a City Center/Historic Convention Village Redevelopment and Revitalization Area Cultural Center project; and WHEREAS, the RDA finds, determines and declares that the acquisition each of the Properties 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, including but not limited to the ground lessor's interest, to each of the Properties in connection with a City CenterIHistoric Convention Village Redevelopment and Revitalization Area Cultural Center project is hereby accepted and approved. 3. The acquisition of the fee simple title interest to each of the Properties, including but not limited to any ground lessor's interest, 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 a City Center/Historic Convention Village Redevelopment and Revitalization Area Cultural Center project. 4. The RDA finds, determines, and declares that acquisition of the fee simple title interest, including but not limited to any ground lessor's interest, to each of the Properties 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, including but not limited to any ground lessor's interest, to each ofthe Properties is a public necessity and is necessary, practical and in the best interests of the City. 2 6. The RDA authorizes the Executive Director of the RDA and the RDA's General Counsel, through special counsel that may be engaged for such purposes, to acquire the fee simple title interest, including but not limited to any ground lessor's interest, to each of the Properties through purchase, donation, or eminent domain proceedings, including a declaration of taking. PASSED AND ADOPTED this 2nd day of July APPitOVEO AS TO FORM & LANGUAGE & FOR EXECUnON ~~A R lopment Ag.ncy ~ ~7 Ge~ml t:':~I"!lel ATTEST: Qo(~ f~ SECRETARY FIA TTOILEVLIRESOLUTSICACEMDO.RDA 3 EXHIBIT A Property 1: 340 23rd Street, Miami Beach, Florida Legal Description: Lots 5, 7 and 9, Block I, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 2: 300 23rd Street, Miami Beach, Florida Legal Description: Lots 1 and 3, and the northern 25 feet of Lots 2 and 4, Block 1, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 3: 313 22nd Street, Miami Beach, Florida Legal Description: The southern 100 feet of Lots 2 and 4, Block 1, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 4: 224 23rd Street, Miami Beach, Florida Legal Description: Lots 7, 9 and 11, less the northern 10 feet for right-of- way, and the northern 25 feet of Lots 10 and 12, Block 2, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 5: 227 & 245 22nd Street, Miami Beach, Florida Legal Description: The western 80 feet of the southern 100 feet of Lots 10 and 12, less the eastern 15 feet of the northern 35 feet of the western 80 feet of the southern 100 feet of Lots 10 and 12; and Lot 8 and the eastern 20 feet of the southern 100 feet of Lot 10 and the eastern 15 feet of the northern 35 feet of the western 80 feet of the southern 100 feet of Lots 10 and 12, Block 2, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 6: 211 22nd Street, Miami Beach, Florida Legal Description: Lots 4 and 6, Block 2, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 ofthe Public Records of Dade County, Florida Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 DATE: TO: FROM: SUBJECT: REDEVELOPMENT AGENCY MEMORANDUM NO. 97-22 July 2, 1997 Chairman and Members of the Board of the Redevelopment Agency Jose GarCia_pedrosa/!( Executive Director A Resolution of he Chairman and Members of the Redevelopment Agency Deeming and Declaring Acquisition of Certain Properties Having Street Addresses of 340 23rd Street, 300 23rd Street, 313 22nd Street, 224 23rd Street, 227 and 245 22nd Street, and 211 22nd Street, Miami Beach, Florida, Each Being Legally Described on Exhibit "A" Attached Hereto and Incorporated by Reference Herein; to be a Public Necessity for a City Center/Historic Convention Village Cultural Center Project, and Deeming and Declaring the Acquisition as Necessary for, and in connection with, Community Redevelopment and Related Activities; and Authorizing the Acquisition of the Properties by Purchase, Donation, or the Filing of Eminent Domain Proceedings, and a Declaration of Taking, As Necessary, As a Potential Site for a Cultural Center. RECOMMENDATION: Approve the Resolution. BACKGROUND: The Miami Beach Redevelopment Agency (the Agency) is proceeding with its goal of economic stimulation and development in the City Center/Historic Convention Village Area. As part of this effort, a cultural center adjacent to Collins Park was approved by Commission action at the meeting of June 18, 1997. This cultural center would include a Metro-Dade regional library, the site for S()IJTti V()I~r= Vedevelvpment Ulstlic::t CIIT Cr=~Tr=J;J Vedevelvpment Uistric::t AGENDA ITEM 3-A July 2, 1997 the Miami City Ballet facility, a public parking garage, and other related facilities. In order to accomplish this goal the Agency has determined that the acquisition of the above-referenced properties is necessary in order to assemble a parcel. Further, the Agency finds, determines and declares that the acquisition of the above listed properties is a public necessity and is in the best interest of the City of Miami Beach. ANALYSIS: Appraisals of the six properties were prepared by J. B. Alhale & Associates, Inc. in May, 1997. As recommended at the June 18, 1997 Commission meeting, negotiations with property owners and leaseholders have been initiated. The Administration has been notified by several owners and leaseholders that they have engaged legal counsel to represent them. The Administration will continue to negotiate with the owners and leaseholders. We are requesting approval at this time to initiate eminent domain proceedings in the event that negotiated settlements cannot be reached. CONCLUSION: It is recommended that the Agency Board approve the attached Resolution authorizing the acquisition of the above described properties by purchase, donation, or the filing of eminent domain proceedings and declaration of taking, as necessary, as the potential site for the Cultural Center. JGP :MSD: jm Attachments