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Home My WebLink AboutR-21-0177City of Miami Resolution R-21-0177 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8885 Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACQUIRE REAL PROPERTIES LOCATED AT 1641 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5911), 1649 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5920), 1651 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5910), 1653 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5900), 1644 NORTHWEST 6 STREET (FOLIO NO. 01-4102-005-5850), 1628 NORTHWEST 6 STREET (FOLIO NO. 01-4102-005-5840), 27 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01- 0201-010-1020), AND 5 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01- 0201-010-1070), MIAMI, FLORIDA AND FURTHER DESCRIBED IN EXHIBIT "A" (COLLECTIVELY, "PROPERTY"), BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION FOR THE EXPRESS PUBLIC PURPOSE OF ESTABLISHING PUBLIC PARKS WITHIN THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO ACQUIRE THE PROPERTY BY NEGOTIATION OR TO COMMENCE ACQUISITION BY CONDEMNATION PROCEEDINGS IN ACCORDANCE WITH FLORIDA LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PURSUE TO SETTLEMENT, FINAL JUDGMENT, AND FINAL APPEAL, EMINENT DOMAIN PROCEEDINGS TO ACQUIRE TITLE TO THE PROPERTY, AND TO TAKE ANY AND ALL OTHER NECESSARY ACTIONS, INCLUDING HIRING OUTSIDE COUNSEL AND ANY OTHER EXPERTS FOR THE CITY, AS DETERMINED BY THE CITY ATTORNEY AND AS MAY BE NECESSARY TO INITIATE AND PURSUE EMINENT DOMAIN PROCEEDINGS AND RELATED PROCEEDINGS, INCLUDING A DECLARATION OF TAKING AS NECESSARY FOR AND ON BEHALF OF THE CITY, FOR THE PROPERTY; FURTHER AUTHORIZING THE CITY ATTORNEY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY BY SETTLEMENT AND COMPROMISE IF THE SAME CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE TERMS, CONDITIONS, AND LIMITATIONS ESTABLISHED HEREIN. WHEREAS, the City of Miami ("City") wishes to acquire, in fee simple, the properties located at 1641 Northwest 5 Street (Folio No. 01-4102-005-5911), 1649 Northwest 5 Street (Folio No. 01-4102-005-5920), 1651 Northwest 5 Street (Folio No. 01-4102-005-5910), 1653 Northwest 5 Street (Folio No. 01-4102-005-5900), 1644 Northwest 6 Street (Folio No. 01-4102- 005-5850), 1628 Northwest 6 Street (Folio No. 01-4102-005-5840), 27 Southwest South River Drive (Folio No. 01-0201-010-1020), and 5 Southwest South River Drive (Folio No. 01-0201- 010-1070), Miami, Florida and further described in Exhibit "A", attached and incorporated (collectively, "Property"); and City of Miami Page 1 of 3 File ID: 8885 (Revision:) Printed On: 5/19/2025 File ID: 8885 Enactment Number: R-21-0177 WHEREAS, pursuant to the United States Constitution, the Constitution and Laws of the State of Florida, including Chapter 166, Florida Statutes, and the City's Home Rule Powers, the City is authorized to appropriate land and property within the City for a public purposes including for the establishment of public parks, subject to the limitations set forth in Sections 73.013 and 73.014, Florida Statutes; and WHEREAS, the City has determined that fee simple acquisition of the Property is necessary to accomplish the public purpose of creating and expanding public park space within the City and establishing public parks in underserved areas within the City, which will serve the recreational and cultural needs of the area and enhance the quality of life of the City's residents; and WHEREAS, the City is in full compliance with Section 73.014, Florida Statutes, as the Property to be acquired is not being acquired for the purpose of abating or eliminating a public nuisance or for the purpose of preventing or eliminating slum or blight; and WHEREAS, the City intends to combine the contiguous parcels within the Property to create two (2) public parks; and WHEREAS, the City finds that the acquisition of the whole of the Property is necessary to create sufficient park space to accomplish the public purpose of providing recreational park space for use by the general public, for improving the public welfare, and for other municipal purposes, as further described in Exhibit "B", attached and incorporated; and WHEREAS, funding for the acquisition of the Property is to be allocated from a source to be determined; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Commission finds that the acquisition of the Property as referenced herein is necessary, serves a municipal and public purpose, and is in the best interests of the City and the public. Section 3. The City Manager is authorized' to commence acquisition by negotiation or condemnation proceedings to acquire the Property in accordance with Florida law and to do any and all acts and things required of them by this Resolution, or desirable or consistent with the requirements of this Resolution, for the full, punctual, efficient, and complete implementation and performance of all the terms contained herein and as authorized by law. Section 4. The City Manager is further authorized1 to negotiate and execute any and all necessary documents, including amendments and modifications to said documents, all in forms acceptable to the City Attorney, as may be necessary to effectuate the acquisition of the Property. City of Miami Page 2 of 3 File ID: 8885 (Revision:) Printed on: 5/19/2025 File ID: 8885 Enactment Number: R-21-0177 Section 5. The City Attorney is authorized' to initiate the eminent domain process, negotiate pre -suit settlements, file pleadings, and pursue to settlement, final judgment, and final appeal eminent domain proceedings to acquire title to the Property described herein and to take any and all other necessary actions, including hiring outside counsel and any other experts for the City, as determined by the City Attorney and as may be necessary to initiate and pursue eminent domain proceedings and any and all other actions associated with or arising out of such eminent domain or related proceedings, including a declaration of taking as necessary for and on behalf of the City. Section 6. The City Attorney is further authorized to accomplish the acquisition of said Property by settlement and compromise if the same can be accomplished in accordance with the terms, conditions, and limitations established by this Resolution. Section 7. The City Manager shall budget, allocate, and appropriate necessary funds for the reasonable costs of acquisition, including without limitation, the cost of appraisals, opinions of title, environmental assessments, experts, outside counsel, and all other costs allocable to the acquisition of the Property by negotiated conveyance or eminent domain with the allocation and appropriation to occur by separate Resolution at time of need from legally available funding sources in accordance with applicable operating and/or capital plan budgets, including amendments of such applicable budget(s) as necessary. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 4/13/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 8885 (Revision:) Printed on: 5/19/2025