Resolutions - R7 D
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Jimmy L. Morales, City Manager|| |
|DATE:||October 31, 2017|
9:51 a.m. Public Hearing
|SUBJECT:||A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-37(a)(2) OF THE CITY CODE, APPROVING THE VACATION OF 25 FEET OF A 50 FOOT RIGHT-OF-WAY (CITY'S ROW), LOCATED AT THE WESTERLY END OF WEST 59TH STREET, AS SHOWN ON THE LA GORCE-GOLF SUBDIVISION, DATED APRIL 8, 1925, AT PLAT BOOK 14, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, CONSISTING OF 5,036 SQUARE FEET ("VACATED AREA"), WHICH VACATED AREA IS DELINEATED IN THE ATTACHED COMPOSITE EXHIBIT "A", IN FAVOR OF THE ADJACENT PROPERTY OWNER AMBASSA HOLDINGS, INC., (THE APPLICANT); AND FURTHER CONDITIONING THE VACATION ON: (1) THE GRANT OF A QUIT CLAIM DEED TO THE APPLICANT BY THE CITY FOR THE VACATED AREA, ATTACHED HERETO AS EXHIBIT B; (2) THE GRANT OF A QUIT CLAIM DEED BY THE APPLICANT TO THE CITY FOR THE NORTHERN HALF OF APPLICANT'S UNENCUMBERED PARCEL LOCATED ON LOT 25, BETWEEN THE CITY'S ROW AND BISCAYNE BAY (UNENCUMBERED PARCEL), ATTACHED HERETO AS EXHIBIT C; (3) THE GRANT OF AN EASEMENT FROM APPLICANT TO THE CITY ACROSS THE VACATED AREA FOR PUBLIC PURPOSE USE; AND ALONG THE SOUTHERN PORTION OF THE APPLICANT'S UNENCUMBERED PARCEL TO ALLOW THE CITY TO PROVIDE A PUBLIC UTILITY EASEMENT TO BISCAYNE BAY, ATTACHED HERETO AS EXHIBIT D; AND (4) APPLICANT'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF $300,000; WHICH VACATION IS SUPPORTED BY THE ANALYSIS PREPARED PURSUANT TO SECTION 82-38, OF THE CITY CODE, BY THE CITY'S PLANNING DEPARTMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE QUIT CLAIM DEED.|
|West 59th Street end (located westerly of North Bay Road) is a 50-foot wide City owned right-of-way (ROW), per the Recorded Subdivision Plat of La Gorce-Golf Subdivision, dated April 8, 1925 by Miami Beach Bay Shore Co..
On said Subdivision Plat, westerly of and adjacent to the westerly end of West 59th Street, there is an unnumbered parcel shown, approximately 30 feet by 50 feet. Mr. Robert J. Schidler is listed as a previous owner of the unnumbered parcel, as well as previous owner of the southerly and adjacent Lot 25 (the unnumbered parcel is subject to a utility easement from subdivision developer Miami Beach Bay Shore Co., to the City of Miami Beach, dated June 29, 1925).
Ambassa Holdings, Inc. c/o Christian Berdoure, current owner of said parcels, is requesting that the City vacate the southerly portion of its ROW, located on West 59th Street west of North Bay Road, in exchange for a half of a portion of the private property to make the remaining right of way extend all the way to the bay. An easement will be granted for utilities under the vacated right-of-way and the corresponding piece of property abutting the bay to form a continuous easement.
An item was discussed at the Finance and Citywide Projects Committee on February 17, 2017. The Committee recommended accepting the appraised value and similar valuation of the land to be acquired. However, with City ownership of the waterfront property, also comes the burden of rebuilding the seawall to the City’s standards, which needs to be considered.
After negotiations with the current owner’s representative, a voluntary monetary contribution of $300,000 was agreed upon for:
a) The City vacating the southerly half of the right-of-way;
b) The owner providing an easement across the vacated parcel as well as a portion of the retained parcel creating a continuous easement from North Bay Road to the bay; and
c) The owner transferring ownership to the City the portion of the property to create a continuous right-of-way to the bay.
Although the City’s procedures for the lease of sale or sale of public property require an advertised public bidding process, the requirement may also be waived by 5/7th vote of the City Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such conditions.
The vacation of this ROW serves a public purpose, by providing direct access to the water as the current ROW stops 30 feet short of waters’ edge.
Pursuant to the City’s existing administrative policies and procedures to consider the vacation of the City streets, alleys, and/or rights-of-way, which also require compliance with Article II, Sections 82-36 through 82-40 of the City Code (which establish procedures governing the sale or lease of public property), prior to considering a request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates, with the second reading to be accompanied by a duly noticed public hearing, in order to obtain citizen input of the proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee for its review, which occurred on February 17, 2017;
3) In order for the City Commission and the public to be fully appraised of all conditions relating to the proposed vacation, the City’s Planning Department shall prepare a written planning analysis, to be submitted to the City Commission concurrent with its consideration of the proposed vacation, which is attached; and
4) The City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated. The appraisal dated December 9, 2016 resulted in an “across the fence” value of $250,000 which is also attached.
At it's July 26, 2017 meeting, the City Commission approved the setting of the public hearing at its next meeting in October to consider approving the ROW vacation.
At the City Commission meeting of October 18, 2017, the public hearing was opened and continued.
|Vacation of the public ROW is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The vacation of the southern portion of the westerly end of the West 59th Street public ROW will generate no negative impacts for the surrounding area. The property would continue to serve in much the same manner, and public access to the bay could be provided.|