RESOLUTION 83-17555 RESOLUTION N0.83-17555
RESOLUTION APPROVING SITE SELECTION AS TO
LOCATION OF NORTH SHORE PARK EXTENSION;
DECLARING ACQUISITION OF THOSE PROPERTIES
IDENTIFIED AND DESCRIBED AS ALL OF BLOCKS 11
AND 12 , PLUS ONE-HALF INTEREST IN ATLANTIC WAY
ON THE EAST, CORRECTED PLAT OF ALTOS DEL MAR
NO. 1, PLAT BOOK 31, PAGE 40 , OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA AND ALL OF
BLOCKS 5 AND 6 , PLUS ONE-HALF INTEREST IN
ATLANTIC WAY ON THE WEST AND EXTENDING
EASTWARD TO THE EROSION CONTROL LINE ,
CORRECTED PLAT OF ALTOS DEL MAR NO. 1, PLAT
BOOK 31 , PAGE 40 , OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, TO BE A PUBLIC
NECESSITY; AUTHORIZING THE ACQUISITION OF SAID
PROPERTIES BY PURCHASE, DONATION, OR THE
FILING OF EMINENT DOMAIN PROCEEDINGS AND
DECLARATION OF TAKING, AS NECESSARY.
WHEREAS , for reasons more particularly set forth in
Commission Memorandum No. 759-83 the City Commission desires to
approve the selection of all the privately owned property located
between Collins Avenue and the Atlantic Ocean and between 77th
Street and 79th Street in the records of the Florida Department of
Natural Resources, Tallahassee, Florida, as the site of the
location for the North Shore Park Extension; and
WHEREAS , for the purposes of extending the current North
Shore Open Space Park, the City of Miami Beach desires to acquire
several parcels of land located in the City of Miami Beach within
the area located between Collins Avenue and the Atlantic Ocean and
between 77th Street and 79th Street in the records of the Florida
Department of Natural Resources, Tallahassee, Florida; and
WHEREAS , the legal descriptions of the specific
properties to be acquired are:
All of Blocks 11 and 12 , plus one-half
interest in Atlantic Way on the East,
Corrected Plat of Altos Del Mar No. 1, Plat
Book 31, Page 40 of the Public Records of Dade
County, Florida; and
All of Blocks 5 and 6 , plus one-half interest
in Atlantic Way on the West and extending
Eastward to the Erosion Control Line,
Corrected Plat of Altos Del Mar No. 1, Plat
Book 31, Page 40 , of the Public Records of
Dade County, Florida; and
WHEREAS , the City Commission finds , determines and
declares that it is necessary to acquire fee simple title to the
above-described properties for use in connection with extension of
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
the North Shore Open Space Park; and
WHEREAS, the City Commission finds, determines, and
declares that the acquisition of the above-described properties is
a public necessity and is necessary, practical, and in the best
interest of the City of Miami Beach; and
WHEREAS, the City Commission finds, determines, and
declares that the acquisition of the above-described properties by
purchase, donation, or eminent domain proceedings is for the
public use and benefit,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA THAT:
1. This City Commission finds, determines, and declares
that the matter set out in the foregoing recitals are true and
correct and they are hereby incorporated as a part of this
Resolution.
2. The recommendation of the City Manager that all the
privately owned property located between Collins Avenue and the
Atlantic Ocean and between 77th Street and 79th Street in the
records of the Florida Department of Natural Resources,
Tallahassee, Florida, be selected as the site for the extension of
North Shore Open Space Park is hereby accepted and approved.
3. The recommendation of the City Manager as to the
acquisition of the site for the extension of the North Shore Open
Space Park is hereby accepted and approved.
4 . The City Commission declares that it is necessary to
acquire fee simple title to all of Blocks 11 and 12 , plus one-half
interest in Atlantic Way on the East, Corrected Plat of Altos Del
Mar No. 1, Plat Book 31, Page 40 , of the Public Records of Dade
County, Florida, and all of Blocks 5 and 6 , plus one-half interest
in Atlantic Way on the West and extending Eastward to the Erosion
Control Line, Corrected Plat of Altos Del Mar No. 1, Plat Book
31, Page 40 , of the Public Records of Dade County, Florida.
5. This City Commission authorizes the City Manager and
the City Attorney, through their staffs or through special counsel
engaged for such purposes to acquire the above-described
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
properties through purchase, donation, or through eminent domain
proceedings, including declaration of taking through eminent
domain, subject to the conditions as set forth by Trustees of the
Internal Improvement Fund of the State of Florida instructions
more specifically that:
a) The City will exercise its power of eminent domain where
necessary to acquire parcels in the tract and will be
responsible for all costs and attorney fees associated with
condemnation proceedings.
b) The City will be responsible for payment of all costs awarded
to the owner by the court above the State appraisal; except
when any court award is 150 percent or more of the appraised
value, the City shall have the options to purchase, seek
other alternatives to acquisition from the Trustees, or
refuse the price and not make the purchase, provided that
such refusal to purchase would not reduce the acquisition
below 85 percent of the total 24 lots sought in the project.
c) Contracts must be executed or condemnation proceedings
started within six months of the date of this approval, or
where State funds are not available, the condemnation
proceedings must be commenced or contracts acquired within
six months of the approval of the additional funds for
acquisition. Should the State not approve the further
expenditure under this program, the City shall not be
responsible for acquisitions .
PASSED and ADOPTED this 16th day of November , 1983.
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CITY HALL
OFFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVE
ROB W.PARKINS TELEPHONE: 673-7010
CITY MANAGER
COMMISSION MEMORANDUM NO. 2,
a• 3
DATE: November IA, 19R3
TO: Mayor Malcolm H. Fm a • a •
Members of the Commi i•
FROM: Rob W. Par ins City Man- _
#'Ak
SUBJECT: STATUS REPORT ON NORTH SHORE PARCEL UNDER THE
"SAVE OUR COAST" PROGRAM
History:
In 1981, the Miami Beach City Commission approved the submission of an application under
the State's "Save Our Coast" program. The "Save Our Coast" program is a land acquisition
program which funds the purchase of beachfront property. Property acquired under the
program is converted into parkland for use by residents and tourists.
The City's application requested the State purchase the property known as the "North Shore
Parcel", a 9.81-acre, three-block tract, consisting of 1,100 feet of oceanfront land, located
between 76th and 79th Street, east of Collins Avenue. The "North Shore Parcel" is the last
remaining parcel of low density and undeveloped oceanfront land within the City of Miami
Beach.
Pursuant to State statutory requirements, three independent appraisals, paid for by the
State, were completed on the property. It is important to note that the parcels were not
under-appraised, and in fact, two of the three appraisers expressed in their appraisal reports
that they based their highest and best use being "some sort of multi-family zoning; possibly
RM-60 or RM-125". The State's final report valued the 36-lot parcel at a maximum of 8.2
million dollars.
The submission of an application under the "Save Our Coast" program does not however,
guarantee selection and funding. Hundreds of millions of dollars worth of applications have
been submitted representing dozens of parcels. The Governor and Cabinet have so far only
authorized funds for eight projects. After a long lobbying campaign by the City of Miami
Beach, the Miami Beach Chamber of Commerce, the Committee Against Hi-Rise Rezoning,
the Miami Herald, Dade County Commissioner Harvey Ruvin and our. State Legislators, the
Governor and Cabinet authorized the "North Shore Parcel" for funding and acquisition.
The Cabinet, however, is without eminent domain powers and has established, after
negotiations with the City Administration, the following conditions upon which formal
acceptance by the City Commission will cause the State to purchase the first seven lots
under the program at a cost of 2.2 million dollars.
CONDITIONS FOR APPROVAL OF PROJECT
1. The City will exercise its power of eminent domain where necessary to
acquire parcels in the tract and will be responsible for all costs and
attorneys' fees associated with condemnation proceedings.
continued...
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AGENDA
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COMM. MEMO. PAGE TWO NOVEMBER 16, 1983
CONDITIONS FOR APPROVAL OF PROJECT (continued)
2. The City will be responsible for payment of all costs awarded to the owner
by the owner above the State appraisal; except when any Court award is
150% or more of the appraised value, the City shall have the options to
purchase, seek other alternatives to acquisition from the Trustees, or refuse
the price and not make the purchase, provided that such refusal to purchase
would not reduce the acquisition below 85% of the total 36 lots sought in the
project.
3. Contracts must be executed or condemnation proceedings started within six
months of the date of this approval, or where State funds are not available,
the condemnation proceedings must be commenced or contracts acquired
within six months of the approval of the additional funds for acquisition.
Should the State not approve the further expenditure under this program,
the City shall not be responsible for acquisitions.
Should the City not accept these conditions by November 29, 1983, this
offer is null and void and North Shore Open Space is removed from the "Save
Our Coasts" list.
The Miami Beach Planning Board passed a motion at its September 27, 1983 meeting urging
the Miami Beach City Commission to proceed with acquisition of the subject property.
Analysis:
As the State approved "North Shore Parcel" Management Plan notes, Miami Beach's
shoreline is characterized by hi-rise development commonly referred to as a concrete
canyon. Acquisition of the subject property would enable the City to preserve open space
and provide much needed recreational amenities along the City's congested oceanfront. The
property would provide vital linkages between existing parkland, the newly renourished
beach, and the Beachfront Park and Promenade. The site would become the link between
North Shore Open Space Park to the north and North Shore Park to the south, forming a
unified park system. Unless this property is acquired for public use as soon as possible,
these linkages will be lost forever.
It should be noted that owners of 13 of the 36 lots have agreed to sell at the appraisal price
and have signed option agreements or are willing to sign agreements immediately. These
willing sellers represent 3,391,000 dollars in appraised property which the City will not have
to condemn.
An additional three lot owners constituting 415,750 dollars in appraised property have
expressed interest in selling at the appraised price. For the purpose of conservatively
determining an upside liability on the part of the City however, these three lots have been
included in the "unwilling sellers scenario".
A Financial Analysis of the Florida Cabinet's conditions shows that in a worse case scenario,
with all unwilling sellers continuing to refuse to sell, continuing to refuse life estates and
receiving judgments of 150% of the State's appraisal on all lots the City could incur the
following upside liabilities:
Fifty percent (50%) of 150% judgments $1 ,414,000
Legal fees and court costs at 20% of 23 lots 1 ,435,700
at 150% of appraised value
TOTAL. COSTS $2,849,700
While this is the reasonable worst case upside liability the City could incur, it should be
made clear that City funding for this potential liability would occur over a period of years.
One of the Cabinet's conditions is that the City shall only be required to execute purchase
agreements or start condemnation proceedings upon the State's making available funds up to
the appraisal price of the affected lots. The structure of the "Save Our Coast" program is
one based on the issuance of bonds on a 25 million dollar yearly increment. Due to program
funding commitments throughout the State, it is unlikely the Cabinet can allocate more than
2.5 million dollars a year to the "North Shore Parcel". It would therefore take a minimum of
three to four years to receive all State funds. The City can therefore spread its potential
liability over these years.
continued...
COMM. MEMO. PAGE THREE NOVEMBER 16, 1983
It is also probable that a number of property owners will reconsider their hardline stance and
accept life estates. All properties upon which life estates are authorized need not be
condemned and thus no City expenditure required. Additionally, condemnation judgments
are based upon evidence and the City will be able to show at least 13 recent sales of
comparable parcels at the State's appraised amount. As a majority of the appraisals were
for multi-family zoning, it is therefore unlikely that excessive judgments will be granted.
State rules and regulations also require that appraisals be updated every two years. New
appraisals could increase the State's funding over current levels to amounts acceptable to
the unwilling sellers. The Cabinet however, retains the option to not allocate additional
funds for acquisition over the 2.2 million dollars presently in escrow for Miami Beach but
the City shall then not be responsible for acquisitions and need incur no financial liability.
The City Administration in its attempt to limit liability to the greatest degree has requested
the State of Florida Department of Natural Resources to suggest modifications to the
acquisition plan which it believes would be acceptable to the City and Florida Cabinet.
Dr. Elton Gissendanner, Executive Director of the Department has suggested and agrees to
support temporarily dividing the "North Shore Parcel" into two parcels exactly like the
division the unwilling sellers proposed when they petitioned the Historic Preservation Board
in August, 1983. This is a division into one parcel of 24 lots from 79th Street to 77th Street
and another parcel comprised of 12 lots between 77th Street and 76th Street. (This petition
to have the parcel between 79th Street and 77th Street designated as an historic site failed
because more than 50% of the owners of the 24 lots were opposed.)
Dr. Gissendanner has agreed to support this temporary division and to request the Cabinet,
at its November 17, 1983 meeting to apply their conditions only to the 24-lot parcel at this
time. Approval by the City and the Cabinet of this division would limit the City's financial
liability in a worst case scenario as follows:
50% of 150% judgments $ 652,750
Legal fees and court costs at 20% of 11 lots 747,900
at 150% of appraised value
TOTAL COSTS $1 ,400,650
Under the divided or "revised North Shore Parcel" 54% of the lots would be under contract
or available under contract with an additional 12% possible and likely. While the 76th Street
parcel would not be under contract or required for condemnation, the City has negotiated an
agreement with Mr. Emil Morton, owner of 10 of the 12 lots constituting the 76th Street
parcel, to sign a contract with the City giving Miami Beach the right or first refusal to
purchase this land. The City Commission can therefore defer finalizing an acquisition plan
for the 76th Street parcel without exposing the City of Miami Beach to financial obligation
at this time.
On a comparison basis to other "Save Our Coast" projects around the State, the City's
financial participation is the smallest on a percentage basis. In all other approved projects
local governments were required to pay a portion (usually 20% to 50%) of the appraised
price. In the "North Shore Parcel" the City is not being requested to pay any funds up to the
appraisal price.
Based upon the November 29, 1983 deadline imposed by the Florida Cabinet, City
Commission approval or rejection of the project conditions need occur at the November 16,
1983 City Commission meeting.
ADMINISTRATION RECOMMENDATION:
That the City Commission approve dividing the "North Shore Parcel" into two parcels as
described in the Commission memorandum; and issue a Resolution authorizing eminent
domain and accepting the Cabinet conditions as set forth at the September 20, 1983 Florida
Cabinet meeting but limiting application of the Resolution only to the 24-lot parcel from
79th Street to 77th Street east of Collins Avenue.
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3
ORIGINAL
RESOLUTION NO. 83-17555
(Approving site selection as to location of
North Shore Park Extension; declaring ac-
quisition of those properties identified and
described as all of blocks 11 and 12, plus
one-half interest in Atlantic Way and the
East, corrected Plat of Altos Del Mar No. 1
Plat Book 31, page 40, of the Public Records
jrof Dade County, Florida and all of blocks 5
and 6, plus one-half interest in Atlantic
Way on the West and extending Eastward to
the erosion control line, corrected plat to
Altos Del Mar. No. 1, Plat Book 31, page 40
of the Public Records of Dade County, Fla.
to be a public necessity; authorizing the
acquisition of said properties by purchase
donation or the filing of Eminent Domain pro-
ceedings and declaration of taking as
necessary)