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RESOLUTION 90-19859 RESOLUTION NO. 90-19859 A RESOLUTION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER THE CITY' S VACATION OF A PORTION OF THE ROAD RIGHT-OF-WAY OF WEST AVENUE LYING EAST OF THE OUT LOT AND LOT 1, AND A PORTION OF LOT 2, BOTH IN BLOCK 1, AMENDED PLAT FLEETWOOD SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 23 AND ADJACENT TO LOT 27 , AMENDED PLAT OF AQUARIUM SITE RE SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 83, PUBLIC RECORDS, DADE COUNTY, FLORIDA. WHEREAS, the City wishes to vacate and disclaim the following property: A parcel of land lying within the road right-of- way of West Avenue and lying East of the out lot and Lot 1, and a portion of Lot 2, both of Block 1, "AMENDED PLAT FLEETWOOD SUBDIVISION" according to the Plat thereof as recorded in Plat Book 28 at page 34 and adjacent to Lot 27 of "AMENDED PLAT OF AQUARIUM SITE RE SUBDIVISION" , according to the Plat thereof as recorded in Plat Book 21 , page 83 both of the Public Records of Dade County, Florida, being more fully described as follows: Begin at the Southeast corner of the said out lot, the following course being along the Easterly lines of said out lot , and said Lots 1 and 2; thence on a bearing of North for 206 . 01 feet to a point on a circular curve whose radius point bears East for 475 . 00 feet; thence Southeasterly along said 475. 00 foot radius curve leading to the left through a central angle of 15-55 ' -21" for an arc of 132. 00 feet to a point of tangency; thence South 15-55 ' - 21" East for 29 . 67 feet to a point of curvature; thence Southeasterly along a 65 . 00 foot radius curve leading to the left through a central angle of 41-03 ' -15" for an arc of 46 . 57 feet to a point of reverse curvature; thence Easterly and Southerly along a 36 . 38 foot radius curve leading to the right through a central angle of 56-58 ' -35" for an arc of 36 .18 feet to a point on a circular curve whose radius point bears a bearing of North for 20 . 00 feet; the following two ( 2 ) courses being along the exterior boundary of said Lot 27; ( 1) thence Northerly and Westerly along said curve leading to the left through a central angle of 90- 00 ' -00" for an arc of 31 . 42 feet to a point of tangency; ( 2 ) thence on a bearing of West for 50 . 00 feet to the POINT OF BEGINNING. Lying and being in the City of Miami Beach, Dade County, Florida. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Public Hearing for consideration of the aforementioned proposed request is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, beginning at 3:00 P.M. on the 17th day of January 1990, and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of said Public Hearing in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 3rd day of January 199'0. VICE-MAYOR _212) ATTEST: <tegA!-rve:dd") CITY CLERK FORM APPROVED LEGAL DEPARTMENT Date 12Z 1/Y)P JLM/rlw REF: 1\WESTAVE.PUB etre, Nea.ote 'a f FLORIDA 3 3 1 3 9 { kINCORPI ORATED)* "V A CA TIONL A NL) U. S. A. - OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. ()Cjc DATE: December 20, 1989 TO: Mayor Alex Daoud - i Members of th• ' ity Commis• on FROM: Rob W. Par s �,. . ni/16*- City Manager SUBJECT: REPORT ON LAN USE & DEVELOPMENT COMMITTEE MEETING OF WEDNESDAY, DECEMBER 13, 1989, 4:00 P.M. Commissioner Stanley Arkin called the Land Use and Development Committee Meeting to order at 4:20 p.m. with Vice Mayor Abe Resnick present. Commissioner Shockett arrived at 4:25 p.m. Staff in attendance included Lucia Dougherty, Pat Brown, Ronald Rumbaugh, William Harrison, Braniard Dorris, Jud Kurlancheek, Stu Rogel, and Richard Gatti. Mr. Rumbaugh informed the Committee that Item /12, Deed for submerged lands at 43rd Street and Indian Creek Drive--Joiveca Corporation, Kyoto Palace Hotel, and Item #4, Revocable Permit for 17th Street and Alton Road--Burger King Restaurant, were withdrawn. Under Item #5, Any other matters of importance or relevance, Mr. Harrison discussed the status of the three Normandy Isle Lots. The sale of the three lots fell through and he recommended that the City re-advertise the sale. Commissioner Resnick made the motion to re-bid the three Normandy Isle Lots, and Commissioner Arkin seconded the motion. The next discussion was Item #3, Vacation of a portion of the street at 6th Street and West Avenue--Saglo Development Corporation. Mr. Pat Brown reviewed the resolutions provided to the Committee. Vice Mayor Resnick made a motion that the Land Use Committee recommend to the City Commission that a Public Hearing be set as soon as possible, and Commissioner Arkin seconded the motion. The last issue to be brought before the Committee was Item #1, Child's World Theme Park Proposal. Mr. Harold Rosen and Mr. Ira Giller discussed the proposed agreement for Miami Child's World, Inc. Mr. Harrison gave the Administration's viewpoint. The main issue was that the Administration felt that the City should receive a purchase price of $5,580,150 plus a trust fund in the amount of $3,114,850 should be established for closing the landfill. The Child's World Inc. proposed purchase price was $5,000,000 plus the trust fund for $3,114,850 for the closing of the landfill. The price difference was a result of an area designated as urban land upon which they could not build and it is prime property facing 1-95. Mr. Harrison and Mr. Gatti further explained to the Committee that Dade County has issued a Public Notice for a Public Hearing on December 19, 1989, (see attached copy), for an Ives Dairy Road Sanitary Sewer Improvement Project, which would include 30 acres of the City's property. The proposed cost to the City for the Sewer Improvements would be approximately $627,656.10. continued... 1 AGENDA ITEM - Cc)-- DATE — 3 - Ro COMMISSION MEMORANDUM Page 2 December 20, 1989 LAND USE COMMITTEE REPORT FOR 12/13/89 MEETING Vice Mayor Resnick made a motion, which was seconded by Commissioner Shockett, that the Land Use Committee recommend to the City Commission approval of the sale to Child's World Inc. for the purchase price of $5,000,000 plus the trust fund of $3,114,850 with the following provisions to be included in the Contract: 1) Purchase of property to be secured by a first mortgage on G.U. Zoned property, a second mortgage on I.U. Zoned property. 2) The release of any property will be 50% of the sales price of any property based on the bonified fair market value sale. 3) That $500,000 for closing of the landfill be paid into an escrow account in 12 months, $1,000,000 to be paid in 18 months, and the balance to be paid in 24 months. 4) All interest earned on the escrow deposit should go toward the $3,114,850 trust fund. 5) Agreement is to provide for reasonable access to complete all closure work. 6) No transfer of title without consent from the City of Miami Beach, and transfer of title not to be unreasonably withheld. 7) Agreement shall provide specifically for the seller to be responsible only for assessable improvements completed as of the date of closing. There being no further business to come before the Committee, the meeting was adjourned at 5:45 p.m. RWP:RLR:Ig Attachments 1) ORIGINAL RESOLUTION NO. 9U-19859 Calling a public hearing to consider the City's vacation of a portion of the road right-of-way of West Avenue lying east of the Out Lot and Lot 1, and a portion of Lot 2, both in Block 1, amended Plat Fleetwood Subdivision according to the Plat thereof as recorded in Plat Book 28, page 23 and adjacent to Lot 27, amended Plat of Aquarium Site Re Subdivision according to the Plat thereof as recorded in Plat Book 21, page 83, Public Records, Dade County, Florida.