95-21812 Reso •
RESOLUTION NO. 95-21812
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
DETERMINING THE ACQUISITION OF FEE SIMPLE TITLE
TO THE PROPERTY HAVING A STREET ADDRESS OF 1581
WASHINGTON AVENUE, MIAMI BEACH, FLORIDA,
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND INCORPORATED HEREIN, TO BE FOR THE
PUBLIC PURPOSE OF CONSTRUCTING A PUBLIC STREET
AT 16TH STREET BETWEEN WASHINGTON AND
COLLINS AVENUES; AND DIRECTING THE ACQUISITION
OF SAID PROPERTY BY PURCHASE, DONATION OR THE
FILING OF EMINENT DOMAIN PROCEEDINGS,
INCLUDING A DECLARATION OF TAKING, AS
NECESSARY.
WHEREAS, it is necessary, beneficial and in the public interest to construct a public street
at 16th Street between Washington and Collins Avenues; and
WHEREAS,the construction of the street will, among other things, fulfill the public purposes
of alleviating traffic congestion in the vicinity of the Loews Miami Beach convention center hotel,
enhancing the ability and quality of ingress and egress from a public parking garage to be located just
south of the new street and facilitating safe pedestrian and vehicular traffic between the Loews Miami
Beach and other hotels and the Miami Beach Convention Center; and
WHEREAS,in order to construct the street, it is necessary for the City of Miami Beach to
acquire,by purchase, donation or eminent domain proceedings, fee simple title to the property(the
"Property")having a street address of 1581 Washington Avenue, which is legally described in Exhibit
"A" attached hereto and incorporated herein; and
WHEREAS, the City of Miami Beach is authorized, pursuant to Florida Statute Sections
166.401 and 166.411, and pursuant to the authority vested in it pursuant to Chapter 163, Florida
Statutes, to exercise the power of eminent domain for, among other things, the construction of a
street; and
WHEREAS, the acquisition of the Property by purchase, donation, or eminent domain
proceedings is for a public purpose and is for the public use and benefit.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1. The matters set forth in the foregoing recitals are true and correct and are hereby
adopted and incorporated as part of this Resolution.
2. The acquisition of fee simple title to the Property having a street address of 1581
Washington Avenue, legally described in Exhibit "A" attached hereto and incorporated herein, by
voluntary conveyance or eminent domain, is found to be necessary for the construction of 16th Street
between Washington and Collins Avenues. The City finds and determines that the acquisition of said
parcel is for a public purpose, is necessary and in the public interest.
3. The City Attorney, through his staff or through special counsel engaged for such
purposes,be and is hereby authorized and directed to acquire fee simple title to the Property by the
filing of eminent domain proceedings in the name of the City of Miami Beach, for the purpose of
construction of a street at 16th Street between Washington and Collins Avenues. The City Attorney
is specifically authorized to file a declaration of taking pursuant to Chapter 74, Florida Statutes.
4. Before the filing and during the pendency of such eminent domain proceedings, the
City Attorney and the City Manager are authorized and directed to continue to negotiate with the
property owners and the owners of other interests in the Property, if any, to acquire title to said
Property by purchase or donation.
2
5. The City Attorney and City Manager are authorized to contract with expert witnesses
and are authorized and directed to do all things necessary to prosecute such eminent domain
proceedings to final judgment by settlement or adjudication.
PASSED AND ADOPTED THIS 8th DAY OF November , 1995.
MA
AT ST:
CIT CLERK
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FORM APPROVED
LEGAL DEPT.
By
Date
3
That part of 16th Street as same is shown marked and designated on the
Plat of FISHER'S FIRST SJBDIVISION OP ALTON BEACH, according to the
plat thereof, as recorded in Plat Book 2, at Page 77, of the Public
Records of Dade County, Florida described as follows:
Beginning at the Northwest corner of Lot 11 in Block 57 run North along
East line of Washington Avenue 70 feet to South line of Lot 22 of Block
54; thence East
along
onaf South
thl0ine of BlockLot 57,22, 225 feet;thence West 225f eete otoh 70
the
feet to North
point of beginning.
_ EXHIBIT"A" —
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. BM-9 5
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: November 8, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION TERMINING THE ACQUISITION OF FEE-SIMPLE
TITLE TO THE PROPERTY HAVING A STREET ADDRESS OF 1581
WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN, TO BE FOR THE PUBLIC PURPOSE OF CONSTRUCTING A
PUBLIC STREET AT 16TH STREET WASHINGTON AND COLLINS
AVENUES; AND DIRECTING THE ACQUISITION OF SAID PROPERTY
BY PURCHASE, DONATION OR THE FILING OF EMINENT DOMAIN
PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS
NECESSARY.
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Miami Beach Redevelopment Agency ("Agency" ) is proceeding with
its goal of economic stimulation and development in the City
Center/Historic Convention Village Redevelopment Area ("City
Center") and is currently in the negotiation phase for the
development of two convention-quality hotels . In order to
accomplish this goal the City has determined that the acquisition
of the above referenced property is necessary in order to develop
a public street. Further, the City finds, determines and declares
that the acquisition of 1581 Washington Avenue, Miami Beach, is for
a public purpose and is in the best interest of the City of Miami
Beach.
ANALYSIS
Two appraisals of the property were prepared in February, 1995, and
updated in October, 1995.
The development of the Loews Hotel Project and the African-American
Hotel immediately to the south, as well as a shortage of parking in
the area in general, require that a public parking garage be
AGENDA ITEM
DATE i I 8-9 5
developed in the area of 16th Street between Washington and Collins
Avenues. In connection with the construction of the garage, 16th
Street should be reopened to traffic between Washington and Collins
Avenues to, among other things, facilitate traffic circulation,
establish a view corridor and generally revitalize the area.
CONCLUSION
It is recommended that the City Commission approve the attached
Resolution authorizing the acquisition of the property having a
street address of 1581 Washington Avenue, Miami Beach, by purchase,
donation, or the filing of eminent domain proceedings and
declaration of taking, as necessary, to reopen 16th Street between
Washington and Collins Avenues in support of the adjacent hotel
developments and authorizing execution of the required
documentation to initiate eminent domain proceedings for the
acquisition of the property.
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