RESOLUTION 92-20688 • ,
RESOLUTION NO. 92- 20688
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DETERMINING THE ACQUISITION
OF FEE SIMPLE TITLE TO THOSE PROPERTIES IDENTIFIED
AND DESCRIBED AS LOT 12 , AND THE NORTH ONE FOOT OF
LOT 11, BLOCK 15, OCEAN BEACH ADDITION NO. 2 , AS
RECORDED IN PLAT BOOK NO. 2 , PAGE 56 , OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS 1027
COLLINS AVENUE) , AND LOT 15 , BLOCK 15, OCEAN BEACH
ADDITION NO. 2 , AS RECORDED IN PLAT BOOK NO. 2 ,
PAGE 56, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA (ALSO KNOWN AS 1051 COLLINS AVENUE) , AS THE
10TH STREET/COLLINS AVENUE, OFF-STREET PARKING
PROJECT SITE TO BE A PUBLIC NECESSITY; DIRECTING
THE ACQUISITION OF SAID PROPERTIES BY PURCHASE,
DONATION OR THE FILING OF EMINENT DOMAIN PROCEED-
ING; AND, REPEALING RESOLUTION NO. 92-20525.
WHEREAS, the City Commission of the City of Miami Beach has
determined that it is necessary, expedient and in the public interest to
construct a municipal parking facility within the area located on the
east side of Collins Avenue, between 10th and lith Streets; and
WHEREAS, the City of Miami Beach has located certain parcels of
land on the east side of Collins Avenue, between 10th and 11th Streets
which are needed for the construction of the 10th Street/Collins Avenue
Off-Street Parking Project; and
WHEREAS, the legal descriptions of the specific parcels of land
needed for the construction of the 10th Street/Collins Avenue off-street
Parking Project are:
Lot 12 , and the north one foot of Lot 11, Block 15,
Ocean Beach Addition No. 2 , as recorded in Plat
Book No. 2 , Page 56, of the Public Records of Dade
County, Florida (1027 Collins Avenue) ;
Lot 15, Block 15, Ocean Beach Addition No. 2 , as
recorded in Plat Book No. 2 , Page 56 , of the Public
Records of Dade County, Florida (1051 Collins
Avenue) ; and
WHEREAS, the City of Miami Beach has determined the necessity to
re
ac uibypurchase, donation or eminent domain proceedings fee simple
q
title to said parcels of land for the construction of a municipal
parkingfacility
within the area located on the east side of Collins
Avenue, between 10th and 11th Streets; and
WHEREAS, it is the intention of the City of Miami Beach to adopt
1
A
this resolution affirming its determination that it is necessary,
expedient and in the public interest to construct a municipal parking
facility within the area located on the east side of Collins Avenue,
between 10th and 11th Streets; and,
WHEREAS, it is the intention of the City of Miami Beach to adopt
this resolution affirming its determination that the acquisition of the
above-described properties by purchase, donation, or eminent domain
proceedings, is for the public use and benefit; and
WHEREAS, negotiations for the acquisition of said parcels of land
by purchase or donation have been unsuccessful and it is therefore
necessary to exercise the power of eminent domain;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA;
1. That the matters set forth in the foregoing recitals are true
and correct and are hereby adopted and incorporated as part of this
Resolution.
2 . That it is hereby determined and declared that it is necessary
and in the public interest to acquire fee simple title to the following
legally described parcels of land, by voluntary conveyance or eminent
domain, for the construction of the 10th Street/Collins Avenue Off-
Street Parking Project:
Lot 12 , and the north one foot of Lot 11, Block 15,
Ocean Beach Addition No. 2 , as recorded in Plat
Book No. 2 , Page 56, of the Public Records of Dade
County, Florida (1027 Collins Avenue) ;
Lot 15, Block 15, Ocean Beach Addition No. 2 , as
recorded in Plat Book No. 2 , Page 56, of the Public
Records of Dade County, Florida (1051 Collins
Avenue) ; and
3 . That the City Attorney through its staff or through special
counsel engaged for such purposes, be and is hereby authorized and
directed to file eminent domain proceedings in the name of the City of
Miami Beach for the purpose acquiring fee simple title to the above
described parcels of land needed for the construction of the 10th
Street/Collins Avenue Off -Street Parking Project.
4 . That before and during such eminent domain proceedings, the
City Attorney and the City Manager are authorized to continue to
negotiate with the property owners to acquire title to said parcels of
land by purchase or donation.
5. That the City Attorney is authorized to contract with an
abstract company for necessary real estate title searches, to employ
real estate appraisers, engineers and other expert witnesses and to take
all steps necessary in connection with such proceedings.
2
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6. That Resolution No. 92-20525 adopted on June 17 , 1992 is
hereby repealed in its entirety.
PASSED and ADOPTED this 16th day of December , 1992 .
, N
411
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Attest by:
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City Clerk
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Approved as to Form:
om\
Legal Department
4,7 ' ' / -2- /6 72-
Date
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CITY OF MIAMI BEACH
(7:;i
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 7f -9i
TO: Mayor Seymour Gelber and DATE: December 16, 1 9 9 2
Members of the City Commission
FROM: Roger M.
C Manager- � � �
�v gGatti,,
SUBJECT: RESOLUTION DIRECTING THE ADMINISTRATION TO ACQUIRE THE
PROPERTY FOR THE PROPOSED OFF-STREET PARKING FACILITY AT
10TH STREET AND COLLINS AVENUE
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission adopt the
attached resolution directing the City Manager and the City Attorney,
through their staff or through special council engaged for such
purposes, to proceed with the acquisition through purchase, donation,
or eminent domain proceedings, including declaration of taking, of
the properties located at 1027 Collins Avenue (Lot 12, and the north
one foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded
in Plat Book No. 2, Page 56, of the Public Records of Dade County,
Florida) , and 1051 Collins Avenue (Lot 15, Block 15, Ocean Beach
Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the
Public Records of Dade County, Florida) for use in connection with
the construction of the above referenced off-street parking facility.
BACKGROUND:
On January 22, 1992, The City Commission accepted a report of the
Finance Committee meetings of January 6 and 21, 1992, recommending
that the City Commission direct staff to proceed with development of
a municipal parking structure between 10th and 11th Streets on
Collins Avenue.
On February 19, 1992, the City Commission adopted Resolution No. 92-
20455, accepting and approving the administration's recommendation to
award professional services contracts to Amerifirst, Inc. , and Cole
and Kerestes, Inc. , to appraise the properties needed for the
proposed off-street parking project. •
On June 17 , 1992 , the Administration recommended the acquisition of
the above described lots for the purpose of constructing the proposed
off-street parking facility. On that same date, the City Commission
adopted Resolution No. 92-20525 which found, determined, and declared
that; the selected site met with their approval; the acquisition of
the above described property was necessary; the City Manager be
authorized to proceed with the acquisition of the required
properties.
181
. . .continued
AGENDA
ITEM
DATE 1 - ��
•
ANALYSIS:
The Administration has made, and will continue to make, a good faith
effort to negotiate with the owners of the properties that need to be
acquired for this project. Although, negotiations are continuing,
the Administration has not been able to come to terms with either of
the property owners as of this date. Because of the foregoing, the
Administration believes that there is a growing possibility that the
City may be forced to use its eminent domain power to acquire these
properties.
CONCLUSION:
The Administration is seeking a clear directive from the City
Commission to acquire the necessary property through purchase,
donation, or eminent domain proceedings, including declaration of
taking, via the adoption the attached resolution.
RMC: jd
Attachments
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RESOLUTION NO. 92-20525
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING SITE
SELECTION AS TO THE LOCATION OF THE 10TH
STREET/COLLINS AVENUE OFF-STREET PARKING
PROJECT; DECLARING ACQUISITION OF THOSE
PROPERTIES IDENTIFIED AND DESCRIBED AS LOT 12,
AND THE NORTH ONE FOOT OF LOT 11, BLOCK 15,
OCEAN BEACH ADDITION NO. 2, AS RECORDED IN
PLAT BOOK NO. 2, PAGE 56, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS
1027 COLLINS AVENUE) , AND LOT 15, BLOCK 15,
OCEAN BEACH ADDITION NO. 2, AS RECORDED IN
PLAT BOOK NO. 2, PAGE 56, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA (ALSO KNOWN AS
1051 COLLINS AVENUE) , AS THE 10TH
STREET/COLLINS AVENUE, OFF-STREET PARKING
PROJECT SITE TO BE A PUBLIC NECESSITY,
AUTHORISING THE ACQUISITION OF SAID PROPERTIES
BY PURCHASE, DONATION OR THE FILING OF EMINENT
DOMAIN PROCEEDINGS AND DECLARATION OF TARING,
AS NECESSARY.
WHEREAS, for the purposes of constructing future parking
facilities, the City of Miami Beach desires to acquire several
parcels of land located in the City of Miami Beach, within the area
located on the east side of Collins Avenue, between 10th and 11th
Streets; and
WHEREAS, the City Commission desires to approve the
selection of the aforementioned sites as the site of the 10th
Street/Collins Avenue Off-Street Parking Project; and
WHEREAS, the legal descriptions of the specific
properties to be acquired are:
Lot 12, and the north one foot of Lot 11, Block 15, Ocean
Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of
the Public Records of Dade County, Florida (1027 Collins Avenue) •
and •
Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded
in Plat Book No. 2, Page 56, of the Public Records of Dade County,
Florida (1051 Collins Avenue) ; and
WHEREAS, the City Commission finds, determines and
declares that it is necessary to acquire fee simple title
P to the
above-described properties for use in connection with construction
ruction
of the 10th Street/Collins Avenue Off-Street ParkingProject;
and
186
•
WHEREAS, the City Commission, determines and declares
that acquisition of the above-described properties is aP ublic
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 DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that
1. This City Commission finds, determines and declares
that the 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 City Manager as to the
selection of the above-described properties as the site for the
10th Street/Collins Avenue Off-Street Parking Project is hereby
accepted and approved.
3 . The recommendation of the City Manager as to the
acquisition of the above-described properties as the site for the •
10th Street/Collins Avenue Off-Street Parking Project is hereby
accepted and approved.
4 . This City Commission declares that it is necessary
to acquire fee simple title to the following legally described
properties as the site for the 10th Street/Collins Avenue Off-
Street Parking Project:
Lot 12, and the north one foot of Lot 11, Block 15, Ocean
Beach Addition No. 2, as recorded in Plat Book No. 2, Page 56, of
the Public Records of Dade County, Florida (1027 Collins Avenue) ;
and
Lot 15, Block 15, Ocean Beach Addition No. 2, as recorded
in Plat Book No. 2, Page 56, of the Public Records of Dade County,
Florida (1051 Collins Avenue) ; and
187
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
properties through purchase, donation or through eminent domain
proceedings, including declaration of taking.
PASSED and ADOPTED this day of ,1 1 e
/(92. --.,
l'
MAYOR
Attest by:
) / At, ()- .0 , 1. , 4. / , ICC-, 4'• L
City Clerk 41(176,9
Approved as tForm:
,...1/'
Department
al t
6 -111i
Date
WHH:blb
Attachment
188
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CITY OF MIAMI BEACH
"1:1
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673.701C
FAX: (305) 673-778:
COMMISSION MEMORANDUM NO.-
DATE: Jude 17 . 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M.
City Manager )a/lit=.
SUBJECT: 10TH STREET/COLLINS AVENUE OFF-STREET PARKING PROJECT
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission find,
determine and declare that the acquisition of the described
properties located at 1027 Collins Avenue (Lot 12, and the north one
. foot of Lot 11, Block 15, Ocean Beach Addition No. 2, as recorded in
Plat Book No. 2, Page 56, of the Public Records of Dade County,
Florida) , and 1051 Collins Avenue (Lot 15, Block 15, Ocean Beach
Addition No. 2, as recorded in Plat Book No. 2, Page 56, of the
Public Records of Dade County, Florida) of public necessity and are
necessary, practical, and in the best interest of the City of Miami
Beach for use in connection with the construction of off-street
parking facilities.
Further, that the City Commission authorize the City Manager and the
City Attorney, through their staff or through special council engaged
for such purposes, to acquire the described properties through
purchase, donation or through eminent domain proceedings, including
declaration of taking.
BACKGROUND:
On January 22, 1992, The City Commission accepted a report of the
Finance Committee Meetings of January 6 and 21, 1992, wherein said
Committee recommended that the City Commission direct staff to
proceed with development of a municipal parking structure between
10th and 11th Streets on Collins Avenue.
On. February 19. 1992, the City Commission, by Resolution No. 92-
20455, adopted, accepting and approving the administration's
recommendation for award of professional appraisal services to
Amerifirst, Inc. , and Cole and Kerestes, Inc. , M.A.I. , Appraisers,
for the properties needed in Block 15, Ocean Beach Addition No. 2,
commonly known as the proposed municipal parking facility on Collins
Avenue, between 10th and 11th Streets:
The following properties were to be appraised:•
1027 Collins Avenue
1051 Collins Avenue
1059 Collins Avenue, and
124 11th Street
continued. . .
•
184
•
•
Comm. Memo/10th Street - 2 - June 17, 1992
Off-Street Parking Project
ANALYSIS:
The geometry that is required in order to build a parking garage is
the aggregation of at least four 50-foot frontage lots, making a
total of 200-front feet. In that it was discovered that 124-11th
Street was a rare Bauhaus-style building, which was given an award in
1986 as the best Art Deco Building in America, this property was
dropped from the parcels to be appraised.
Both properties (1027 and 1051 Collins Avenue) are listed in the
City's Historic Properties Data Base as "non-historic, " but are
within a local historic district. As set forth in the City's Zoning
Ordinance, demolition of non-historic buildings requires a Public
Hearing and approval ,by the City's Historic Preservation Board. The
purpose of the review is to insure that the replacement structure is
consistent with the surrounding historic district. If the City
Commission approves the recommendations contained in this memorandum,
the Administration will file the, appropriate applications with the
City's Historic Preservation Board in order to seek its approval for
the demolition of the subject properties.
CONCLUSION:
All of the properties in the proposed 10th Street/Collins Avenue Off-
Street
ff-Street Parking Project site are located in the MXE (Mixed-Use
Entertainment) Zoning District and the Ocean Drive/Collins Avenue
Historic District. The property at 1059 Collins Avenue has been
converted to a mixed-use retail commercial building, and its
historical status is non-historic conforming to the district.
Because of this buildings recent renovation into retail commercial
spaces and its high appraised value, as well as the potential
necessity of buying-out existing leases and providing relocation
assistance, this structure is not recommended for acquisition.
This project was not reviewed by the Parking Task Force because the
concept of establishing a garage at the 10th Street location has been
under consideration for some time. In addition, because of our
awareness for the need for parking facilities balanced over historic
preservation issues and concerns, we felt that it would be
appropriate to expedite the issue before the City Commission at this
time.
RMC:WHH:blb
Attac •11 s
185
P ORIGINAL
RESOLUTION NO. 92-20688
Determining the acquisition of fee simple
title to those properties identified and
described as Lot 12, and the north one
foot of Lot 11, Block 15, Ocean Beach
Addition No. 2, as recorded in Plat Book
No. 2, Page 56, of the Public Records of
Dade County, Florida (also known as
1027 Collins Avenue) , and Lot 15, Block 15,
Ocean Beach Addition No. 2, as recorded in
Plat Book No. 2, Page 56, of the Public
Records of Dade County, Florida (also
kr-'wn as 1051 Collins Avenue) , as the
10th Street/Collins Avenue, off-street
parking project site to be a public
necessity; directing the acquisition of
said properties by purchase, donation or
the filing of eminent domain proceeding;
and repealing Resolution No. 92-20525.
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