On May 3, 2012, the City of Miami Beach entered into an architectural design contract with premier architect Zaha Hadid Limited and Berenblum Busch Architecture Inc., for these firms to design the proposed Collins Park Garage. The City owns the properties upon which the garage was proposed to be built, Block 2 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company (Plat Book 5, Page 7); and Block 1 of the Amended Map of the Ocean Front Property of the Miami Beach Improvement Company (Plat Book 5, Page 7).

The City of Miami Beach holds a right-of-way dedication to a street and sidewalk along Liberty Avenue between 22nd Street and 23rd Street. The 50 foot wide right-of-way, is comprised of 12,500 square feet more or less, that is described in more detail in the attached Legal Description and Sketch (Attachment A).

The architectural design included the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23rd Street. The proposed parking garage structure at that time encroached into Liberty Avenue and the air rights above Liberty Avenue were being utilized by said proposed parking garage to cross over from Block 1 onto Block 2. At that time, in order for the proposed parking garage structure to obtain a building permit, the right-of-way needed to be vacated. Liberty Avenue between 22nd and 23rd was being contemplated to be a pedestrian public plaza, with no vehicular access.

On February 11, 2015 pursuant to Resolution No. 2015-28920 (Attachment B), the City Commission authorized the vacation of the Liberty Avenue right-of way to allow the Zaha Hadid Design which occupied the right-of-way space to move forward. Ultimately the City abandoned said design due to the cost of construction, and issued a new Request for Proposal for a parking garage to be constructed within the property boundaries, and not within Liberty Avenue.

On September 25, 2017, the City Commission adopted Resolution No. 2017-30021, approving a new design build contract to KVC Constructors, Inc. (KVC) for the Collins Park Garage. The new KVC design does not encroach into the City’s right-of-way and therefore does not require the vacation.

The City has not recorded the vacation of Liberty Avenue, and no longer requires the vacation. Liberty Avenue has numerous utilities that will remain in place, it is more pragmatic to continue to utilize and recognize Liberty Avenue between 22nd and 23rd Street as a public right-of-way, particularly for utility access purposes. The City will have the option to close the Street or portion thereof to be utilized as a pedestrian plaza as necessary and to fulfill the current design for the Collins Park Parking Garage.

The Mayor and City Commission seek to rescind the vacation of Liberty Avenue, and as the City of Miami Beach owns the land on either side of the right-of-way of Liberty Avenue, the City of Miami Beach is the only affected party (vacated right-of–way requires title to vest in the adjacent property owners along the centerline of the road and the only property owner along Liberty Avenue is the City).