HomeMy WebLinkAbout2005-25892 Reso
RESOLUTION NO. 2005-25892
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
PROPOSED FINAL PLAT OF THE "APOGEE," BEING A
PORTION OF THE NORTHWEST y.. OF SECTION 10,
TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY OF MIAMI
BEACH, MIAMI-DADE COUNTY FLORIDA, AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE PLAT ON BEHALF OF THE CITY.
WHEREAS, TRG-ALASKA I Inc., as one of the successors of "the Portofino
Entities", owns the "Alaska Parcel" south of the South Beach Park Subdivision, and the City of
Miami Beach owns the "Federal Triangle" adjacent to the "Alaska Parcel" ; and
WHEREAS, the Mayor and City Commission, through City of Miami Beach
Resolution No.2004-25509, approved a "Term Sheet" in order to settle litigation initiated by
East Coastline Development, Ltd. ("East Coastline") and West Side Partners, Ltd. ("West Side"),
among others (collectively "the Portofino Entities") against the City of Miami Beach and the
Department of Community Affairs; and
WHEREAS, on July 28, 2004, a Concept Plan and Settlement Agreement were
approved following public hearings on various items related to the settlement, which also
included conveyance and receipt ofland by the City and various amendments to both the City's
Land Development Regulations and the Comprehensive Plan, collectively, which were necessary
to implement the terms of the Settlement Agreement; and
WHEREAS, in order to delineate the portions of the "Alaska Parcel" and "Federal
Triangle" to be conveyed in the Settlement agreement, these lands had to be subdivided and
recorded in a plat; and
WHEREAS, the City's approval of the plat is the last required development approval
by the City provided for in the Settlement Agreement that will allow consummation of the
Settlement Agreement by its parties; and
WHEREAS, a tentative plat for the subdivision of the "Alaska Parcel" and the
"Federal Triangle" was presented to the Miami-Dade County Plat Committee as the "Apogee"
and approved on March 25, 2005, subject to approval by the City of Miami Beach; and
WHEREAS, the City's Public Works Department, Planning Department and City
Attorney's office all have reviewed the proposed plat of the "Apogee" and following revisions
and modifications which were incorporated, are recommending that the Mayor and City
Commission approve and accept said final plat.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission adopt the Resolution approving, subject to final approval of same by the authorized
officials in Miami-Dade County, the proposed final plat of the "Apogee", being a portion of
the Northwest '14 of Section 10, Township 54 south, Range 42 East, City of Miami Beach,
Miami-Dade County Florida, together with all the noted dedications and easements therein, and
authorizing the appropriate City officials to execute the plat on behalf of the City.
PASSED and ADOPTED this 18th
,2005
ATTEST:
~rP~
David Dermer
CITY CLERK
Robert Parcher
T:\AGENDA \2005\May1805\Consent\ApogeePlatReso,doc
APPROVED AS TO
FORM & LANGUAGE
& FOR CUllON
--4i.ftlJ
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution approving the proposed final plat of the "Apogee," being a portion of the Northwest % of
Section 10, Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida,
Issue:
Shall the Mayor and City Commission approve the proposed final plat of the "Apogee"?
Item Summary/Recommendation:
On July 28, 2004, a Concept Plan and Settlement Agreement between the City of Miami Beach and East
Coastline Development, West Side Partners among others, collectively known as the "Portofino Entities"
and succeeded by TRG-Alaska, were approved following public hearings on various items related to the
settlement, which also included conveyance and receipt of land by the City and various amendments to the
Land Development Regulations and the Comprehensive Plan, collectively, The City's approval of a plat
delineating the parcels of land being conveyed is the last required development approval by the City
provided for in the Settlement Agreement that will allow consummation of the Settlement Agreement by its
parties, In addition to settling all pending lawsuits and releasing the City from all related claims, the City will
receive approximately 2 acres of the Alaska Parcel, prime land at the southern tip of Miami Beach along
Government Cut, in exchange for the conveyance of approximately 12,829 sf, in aggregate, of City land
including a portion of the "Federal Triangle," ,
In order to delineate the portions of the "Alaska Parcel" and "Federal Triangle" being conveyed in the
settlement agreement, these lands had to be subdivided and recorded in a plat.
A tentative plat for the subdivision of the "Alaska Parcel" and the "Federal Triangle" was presented to the
Miami Dade County Plat Committee as the "Apogee" and approved on March 25, 2005, subject to approval
by the City of Miami Beach,
Administration recommends adopting the Resolution
Advisory Board Recommendation:
I
Financial Information:
Source of Amount , Account Approved
Funds: 1
I I 2
3
Finance Dept. Total
Ci Clerk's Office Le islative Trackin
Robert Halfhill, Public Works 6833
Si n-Offs:
D~partment Director
City Manager
AGENDA ITEM G 7 L
DA TE c;:./~ -() ~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www,miamibeachfl,gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City comniSSi n
Jorge M, Gonzalez ~ . r
City Manager ~ ~
Date: May 18, 2005
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE PROPOSED FINAL PLAT
OF THE "APOGEE," BEING A PORTION OF THE NORTHWEST % OF
SECTION 10, TOWNSHIP 54 SOUTH, RANGE 42 EAST, CITY OF MIAMI
BEACH, MIAMI-DADE COUNTY FLORIDA, AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE PLAT ON BEHALF
OF THE CITY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The area south of the South Beach Park Subdivision comprised of the "Alaska Parcel" and
the "Federal Triangle" is not platted.
The Mayor and City Commission, through Resolution No.2004-25509, approved a "Term
Sheet" in order to settle litigation initiated by East Coastline Development, Ltd. ("East
Coastline"), West Side Partners, Ltd. ("West Side"), among others (collectively "the
Portofino Entities"), against the City of Miami Beach (the "City") and the Department of
Community Affairs. This litigation respectively claimed damages and rights under the Bert
J. Harris Private Property Rights Protection Act, other civil rights violations and other relief
in Florida Circuit Court Case No. 98-13274 CA 01(30), United States District Court Case
No. 01-4921-CIV-Moreno, and Florida Division of Administrative Hearings Case No. 02-
3283GM.
On May 26, 2004, the City Commission referred a Concept Plan prepared in furtherance of
the settlement to the Design Review Board and Planning Board, for review and
recommendation. The City Commission further authorized the Administration to execute
owner affidavits for those applications filed pursuant to the Term Sheet that involve City-
owned land.
On July 28, 2004, the Concept Plan and Settlement Agreement were approved following
public hearings on various items related to the settlement, which also included conveyance
and receipt of land by the City and various amendments to the Land Development
Regulations and the Comprehensive Plan, collectively, which were necessary to implement
the terms of the Settlement Agreement. The City's approval of the plat is the last required
development approval by the City provided for in the Settlement Agreement that will allow
consummation of the Settlement Agreement by its parties, In addition to settling all
pending lawsuits and releasing the City from all related claims, the City will receive
approximately 2 acres of the Alaska Parcel, prime land at the southern tip of Miami Beach
along Government Cut, in exchange for the conveyance of approximately 12,829 sf, in
aggregate, of City land including a portion of the "Federal Triangle,," and end parcels on
Block 51, along with the vacation of certain public alley areas.
In order to complete the Settlement, delineate the portions of the "Alaska Parcel" and
"Federal Triangle" to be conveyed in the settlement agreement, and for permitting
purposes, these lands had to be subdivided and recorded in a plat.
Following the Public Works Department's review and approval of a tentative plat for the
subdivision of the "Alaska Parcel" and the "Federal Triangle", the tentative plat was
presented to the Miami Dade County Plat Committee as the "Apogee" and approved on
March 25, 2005, subject to approval of the final plat by the City of Miami Beach.
The Public Works and Planning Departments, and the City Attorney's Office, have
reviewed the proposed final plat of the "Apogee" and following revisions and modifications
that were incorporated are recommending the Mayor and City Commission to approve and
accept said final plat (see attached Exhibit "A" of the plat) and authorize the appropriate
City officials to execute the final plat on behalf of the City,
RECOMMENDATION:
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving the proposed final plat of the "Apogee", being a portion of the Northwest % of
Section 10, Township 54 South, Range 42 East, and authorizing the appropriate City
officials to execute the plat on behalf of the City.
Attachments
JMG\RCM\FHB\FAV\GK\II
T:\AGENDA\2005\May1805\Consent\ApogeePlat Mem02,doc
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MIAMI-DADE COUNTY, FLORIDA
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STEPHEN P. CLARK CENTER
PUBLIC WORKS DEPARTMENT
SUITE 1610
111 N.W. FIRST STREET
MIAMI, FLORIDA 33128-1970
October 28, 2005
Robert Parcater, City Clerk
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Mr. Parcater:
This is to advise you that the following listed plat was recorded in the Public Records of
Miami-Dade County, Florida:
NAME OF PLAT: APOGEE T-Number 22128 on
October 21,2005 in Plat Book 164 at Page 08.
R~ctfu~~,
T~o~rvisor
Land Development Division
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