RESOLUTION 88-19243 RESOLUTION NO. 88-19243
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DECLARING ACQUISITION OF THOSE
PROPERTIES BOUNDED BY 44TH STREET ON THE NORTH, 43RD
STREET ON THE SOUTH, COLLINS AVENUE ON THE EAST AND
INDIAN CREEK DRIVE ON THE WEST IN MIAMI BEACH, FLORIDA,
IDENTIFIED AND DESCRIBED AS: PARCEL A, LOTS 3 THROUGH 7
INCLUSIVE, AND NEW OUTLOTS 3, 6 AND 7, BLOCK 40,
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE
MIAMI BEACH IMPROVEMENT COMPANY'S SUBDIVISION,
RECORDED IN PLAT BOOK 5 AT PAGES 7 AND 8 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. PARCEL B, THE EAST
1/2 OF LOT I LESS THE WESTERLY 19.10 FEET AND LOT 2,
BLOCK 40 OF THE AMENDED PLAT OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE
PLAT BOOK 5 AT PAGES 7 AND 8 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA. PARCEL C, THE WEST 1/2 OF LOT 1
AND THE WESTERLY 19.10 FEET OF THE EAST 1/2 OF LOT 1,
BLOCK 40, AMENDED PLAT OF OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 8
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
ALSO ALL THAT CERTAIN UN-NUMBERED TRACT OF LAND
DESIGNATED AS "J.H. SNOWDEN" LYING NORTH OF AND
ADJACENT TO LOT 1, BLOCK 40 AS SHOWN ON A PLAT
ENTITLED, AMENDED PLAT OF OCEAN FRONT PROPERTY OF
THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN
THE PLAT BOOK 5, AT PAGE 8 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, AND THAT CERTAIN STRIP OF LAND
LYING BETWEEN INDIAN CREEK DRIVE AND INDIAN CREEK
WHICH IS BOUNDED ON THE SOUTH BY THE NORTHERLY LINE
OF LOT 1, IN SAID BLOCK 40, EXTENDED WESTERLY TO SAID
INDIAN CREEK, AND BOUNDED ON THE NORTH BY A LINE
PARALLEL TO SAID SOUTHERLY BOUNDARY 140 FEET DISTANT
THEREFROM TOGETHER WITH ALL RIPARIAN RIGHTS
APPURTENANT THERETO SAVE AND EXCEPT THEREFROM THAT
CERTAIN PROPERTY DESCRIBED IN THE WARRANTY DEED
MADE BY BROADRIPPLE INDIAN CREEK, INC., A FLORIDA
CORPORATION, TO THE CITY OF MIAMI BEACH, A MUNICIPAL
CORPORATION, EXISTING UNDER THE LAWS OF THE STATE OF
FLORIDA, DATED AUGUST 13, 1953, FILED FOR RECORD
JUNE 30, 1954, AND RECORDED IN DEED BOOK 3940 AT
PAGE 284 OF THE PUBLIC RECORDS OF DADE COUNTY,
�T ORIDA,
TO BE A PUBLIC NECESSITY FOR THE PROJECT KNOWN AS THE
43RD TO 44TH STREET AND COLLINS AVENUE PARKING
PROJECT, AUTHORIZING THE ACQUISITION OF SAID
PROPERTIES BY PURCHASE, DONATION, OR THE FILING OF
EMINENT DOMAIN PROCEEDINGS, THE PROPERTIES DESCRIBED
AS NECESSARY.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA THAT:
WHEREAS, the City of Miami Beach is responsible for developing and operating
parking facilities required to meet the needs over and above City code requirements that
are not met in private enterprise; and
WH ER EAS, Barton-Aschman Associates, Inc., was engaged by the City of Miami
Beach, Florida, to undertake an analysis to determine the future parking demand for the
44th Street and Collins Avenue study area; and
WHEREAS, the purpose of the parking study was to assist the City of Miami Beach in
determining existing parking and forecasting future parking requirements by evaluating the
parking needs of the study area based on existing and proposed development; and
WHEREAS, as a result of the parking study by Barton-Aschman Associates, Inc., it was
determined that a deficit of parking exists; and the record made before the City
Commission; and
WHEREAS, the City Commission finds, determines and declares that it is necessary to
acquire fee simple Title to such properties needed for the 43rd to 44th Street and Collins
Avenue Parking Project; and
WHEREAS, the City Administration has had conducted two independent M.A.I.
Appraisals of the properties to be affected by the 43rd to 44th Street and Collins Avenue
Parking Project; and
WHEREAS, the City Commission finds, determines and declares that the acquisition of
the 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 described properties by purchase, donation, or eminent domain proceedings, is for the
public use and benefit.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, THAT:
1. The City Commission finds, determines and declares that those matters set out in
the foregoing recitals are true and correct, and they are hereby incorporated along with a
map of the described parcels as a portion of this Resolution.
2. The recommendation of the City Manager that the City acquire the parcels
described hereinbelow for the 43rd to 44th Street and Collins Avenue Parking Projects by
donation, direct purchase or condemnation is hereby accepted and approved.
3. The City Commission declares that it is necessary to acquire fee simple Title to:
(PARCEL A - 4300 COLLINS AVENUE)
Lots 3 through 7 inclusive, and new outlots 3, 6 and 7, Block 40, Amended
Map of the Ocean Front Property of the Miami Beach Improvement
Company Subdivision, Recorded in Plat Book 5 at Pages 7 and 8 of the
Public Records of Dade County, Florida.
(PARCEL B - VACANT LAND)
The east 1/2 of Lot 1, less the westerly 19.10 feet and Lot 2, Block 40 of the
Amended Plat of the Ocean Front Property of the Miami Beach
Improvement Company, according to the Plat thereof, as recorded in Plat
Book 5 at Pages 7 and 8 of the Public Records of Dade County, Florida.
(PARCEL C - 4381 INDIAN CREEK DRIVE
AND 4390 COLLINS AVENUE, RESPECTIVELY)
The west 1/2 of Lot 1 and the westerly 19.10 feet of the east 1/2 of Lot 1,
Block 40, Amended Plat of Ocean Front Property of the Miami Beach
Improvement Company according to the Plat thereof as recorded in Plat
Book 5 at Page 8 of the Public Records of Dade County, Florida, and also all
that certain un-numbered tract of land designated as "3.H. Snowden" lying
north of and adjacent to Lot 1, Block 40 as shown on a Plat entitled,
Amended Plat of Ocean Front property of the Miami Beach Improvement
Company, recorded in the Plat Book 5, at Page 8 of the Public Records of
Dade County, Florida, and that certain strip of land lying between Indian
Creek Drive and Indian Creek which is bounded on the south by the northerly
line of Lot 1, in said Block 40, extended westerly to said Indian Creek, and
bounded on the north by a line parallel to said southerly boundary 140 feet
distant therefrom together with all Riparian Rights appurtenant thereto
save and except therefrom that certain property described in the warranty
deed made by Broadripple Indian Creek, Inc., a Florida Corporation, to the
City of Miami Beach, a Municipal Corporation, existing under the laws of
the State of Florida, dated August 13, 1953, filed for record lune 30, 1954,
and recorded in Deed Book 3940 at Page 284 of the Public Records of Dade
County, Florida.
4. The City Commission finds, determines and declares that the above-described
properties by purchase, donation or eminent domain proceedings, is for the public use and
benefit.
5. 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.
6. The City Commission authorizes the City Manager and City Attorney, through
their staffs or through special counsel engaged for such purposes, to negotiate for the
acquisition of the above-described properties through purchase and/or donation and, if
necessary, eminent domain proceedings. The City Commission shall, at the end of 60 days,
determine whether a satisfactory agreement has been reached and, if not, to determine
further proceedings consistent with this Resolution.
PASSED AND ADOPTED this 4th day of May , 1988.
UP" a •r
Attest:
41,1-2,1
City Clerk
APPROVED AS TO FORM:
44,4,
Legal Department
Dated -y etS7
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ORIGINAL
RESOLUTION NO. 88-19243
(Declaring acquisition of those properties
bounded by 44th Street on the No. , 43rd St.
on the So. , Collins Ave. on the East &
Indian Creek Dr. on the West in Miami
Beach, Fla. identified and described as:
Parcel A, Lots 3 through 7 inclusive, and
new outlots front property of the Miami
Beach Improvement company's subdivision, re
corded in Plat Book 5 at pages 7 & 8 of the
Public Records of Dade County Florida,
Parcel B, the East 2 of Lot 1 less the
Westerly 19.10 feet and Lot 2, Blk 40 of
the amended Plat of the Ocean Front pro-
perty of the Miami Beach Improvement Com-
pany, according to the Plat thereof, as re-
corded in the Plat Book 5 at pages 7 & 8 of
the Public Records of Dade County, Fla.
Parcel C, the West % of Lot 1 and the
Westerly 19.10 feet of the East 2 of Lot 1
Blk. 40, amended plat of Ocean Front pro-
perty of the Miami Beach Improvement Co.
according to the Plat thereof as recorded
in Plat Book 5 at page 8 of the Public
records of Dade County, Fla. and also all
that certain un-numbered tract of land de-
signated at "J.H. Snowden" lying North of
and adjacent to Lot 1, Blk. 40 as shown on
a plat entitled, amended plat of Ocean
Front Property of the Miami Beach Improve-
ment Company, recorded in the Plat Book 5
at page 8 of the public records of Dade
County, Florida, and that certain strip
of land lying between Indian Creek Drive
and Indian Creek which is bounded on the
So. by the Northerly line of Lot 1, in
said Block 40, extended Westerly to said
Indian Creek, and bounded on the No. by a
line parallel to said Southerly boundary
140 feet distant therefrom together with
all Riparian rights appurtenant thereto
save and except therefrom that certain
property described in the warranty deed
made by Broadripple Indian Creek„Inc. , a
Fla. Corp. to the City of Miami Beach a
Municipal Corp. existing under the laws of
the State of Fla. dated August 13, 1953,
filed for record. 6/30/54, and recorded in
deed book 3940 at page 284 of the Public
Records of Dade County Fla. . . .etc. . .)