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Home My WebLink AboutReso 2003-596 RESOLUTION NO. 2003- S q l:, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING NECESSITY TO ACQUIRE PROPERTY LOCATED AT 19142 COLLINS AVENUE, SUNNY ISLES BEACH, BY CONDEMNATION; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO ACQUIRE THE PROPERTY BY PURCHASE OR CONDEMNATION; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO INITIATE AN EMINENT DOMAIN ACTION AND THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has experienced tremendous growth since its incorporation in 1997; and WHEREAS, the City is need of additional public facilities in order to provide essential services to its residents; and WHEREAS, the residents in the northern part of the City are underserved due to the lack of public facilities in the area; and WHEREAS, the City Commission finds that due to the tremendous growth and the continuing high level of development within the City and the increased need for municipal service, the City has to acquire additional property in the northern part of the City in order to maintain adequate level of service for its residents now and in the future; and WHEREAS, the acquisition of the parcel located at 19142 Collins Avenue, in Sunny Isles Beach is necessary to provide for anticipated future growth of municipal programs provided by the City, particularly for the youth and the elderly population; and WHEREAS, an appraisal report attached hereto as Exhibit "A", from a state-certified general appraiser revealed that the property located at 19142 Collins Avenue, Sunny Isles Beach (Northeast corner of Atlantic Boulevard and 191 st Terrace) Site has a market value of $362,500; and WHEREAS, the owner of the property has rejected an offer made by the City to acquire the property through a sale; and WHEREAS, the availability of alternate sites, costs, plans, environmental and safety issues have been considered by the City; and WHEREAS, the City will not be able to maintain the level of service that is consistent with its development unless the City acquires the property in question and ownership of the property is vested in the City; and 1 U:\legislation\Resolutions\Resolution Relating to the Acquisition of19142 Collins Avenue, Sunny Isles Beach,doc WHEREAS, the City has the necessary funds to acquire the property located at 19142 Collins Avenue, Sunny Isles Beach; and WHEREAS, the City of Sunny Isles Beach has the authority to acquire the property through eminent domain pursuant to Chapters 73, and 74, Florida Statutes (1999). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The recitals stated above are hereby incorporated herein. Section 2. Finding of Necessity. The City Commission finds that the acquisition of the property located at 19142 Collins Avenue, Sunny Isles Beach is necessary to maintain the level of service that the City provides to its residents and anticipated future growth. Section 3. Authority of the City Manager and the City Attorney. The City Commission hereby provides the City Manager and the City Attorney with the authority to acquire the property located at 19142 Collins Avenue, Sunny Isles Beach, by purchase or condemnation. Section 4. Authority to Initiate Eminent Domain Action. The City Commission hereby gives the City Manager and the City Attorney the authority to initiate an eminent domain lawsuit if the property owner refuses to sell the property and the authority to do all things necessary to effectuate this Resolution including the ability to hire necessary experts and outside legal counsel. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this l~daYOf~ ,20,;7 /~') ;;J . ... ~k'/~~ David Samson, Mayor .. "A TTESi: /. ~~~l~.\);~~ Jane.A. Hip.es, Acting City Clerk . 'i i !,,". 2 U:\legislation\Resolutions\Resolution Relating to the Acquisition of19I42 Collins Avenue, Sunny Isles Beach,doc APPROVED AS TO FORM AND LEGAL SUFFICIENCY Moved by: Cc~~ =rC'~L~ Sol t1S' Seconded by\/iu ~t>y ~~~lJ. f> Vote: S;-n Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman V(Yes) MYes) --.0Y es) V(Yes) -.12tY es) _(No) _(No) _(No) _(No) _(No) 3 U :\legislation\Resolutions\Resolution Relating to the Acquisition ofl9l42 Collins Avenue, Sunny Isles Beach,doc I I ~ I , T! [~ q q - I 1_- Four Residential Lots LOCATED AT: THE NORTHEAST CORNER OF "\"TLANTIC BOVLEVARD AND 191sT TERRACE SU:\NY ISLES BEACH, FLORIDA ~ ill THE Cnv OF SUNNY 17070 SUNNY BEACH 250 FLORIDA I I .~ I DECEMBER 4, 2002 I:I{EPAI~p B'G QUI~LIVAN A,PPRAlSAL, P. A. 5730 . 74TH - SUITE 300 ML\\H. FLORiDA 33 i I rn..,.. 'JI I I Exhibit" A" , ~ q ~ ~ q q ~ ~ - ~ q - ~ - ~ , , q QUINLIVAN APPRAISAL A PROFESSIONAL AsSOCIATION REAL ESTATE APPRAISERS & CONSULTANTS 5730 S.W. 74TH STREET, SUITE 300 SOUTH MIAl>lI, FLORIDA 3BI43 J. MARx QUINLIVAN. MAl STATE.CElilTIFJED GENERAL APPRAlSRRS HZ 0000112 TELEPHONE (:]05) 663-6611 FAX (305) 665-4921 THOMAS F. MAQENUEIMER, MAl STATE",CERTIPIED GENERA.J. ApPRAISERS RZ O()OOllll:J December 4, 2002 Christopher J. Russo, City Manager City of Sunny Isles Beach 17070 Collins Avenue - Suite 250 Sunny Isles Beach, Florida 33160 Dear Mr. Russo: In accordance with your request and authorization, we have prepared this Appraisal Report covering the following described properties: (1) Portion of Block 4, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0010) Echavarria and Prats; (2) Portion of Block 4, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0020) Ramunno; (3) Portion of Block 4, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0030) Branigan; (4) Lot 15, Block 5, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0180) Patrimonial Corp. The purpose of this Appraisal is to estimate the Market Value of the fee simple interest of the described properties as of December 4, 2002, being one of the dates of personal inspection. The narrative Appraisal Report that follows sets forth the identification of the property, the assumptions and limiting conditions, pertinent facts about the area and the subject property, comparable data, the results of the investigations and analyses, and the reasoning leading to the conclusions set forth. , , , , , J , , I , I I I j , I I I I Christopher J. Russo, City Manager City of Sunny Isles Beach December 4, 2002 Page 2 Based on the inspection of the property and the investigation and analyses undertaken, we have formed the opinion that, as of December 4,2002, the subject properties had Market Values of the fee simple interest of: PARCEL 1 (ECHAVARRIA AND PRATS) PARCEL 2 (RAMUNNO) PARCEL 3 (BRANIGAN) PARCEL 4 (PATRIMONIAL CORP.) $165,000 $362,500 $630,000 $187,500 Respeptfully submitted, J , '7 /'1) : ,/ f/~ ,1 j /~;I!( ., () !. ' ,ll /lft<.L, /' 'v' ~<'-.~-, ,J. ~ark QuinlIvan, MAl "S.~ate Certified General Appraiser :,tertification Number: RZOOOOl12 , . I I :r-'. vl.;: 1.//,,(_.:;,1 LaneenF. Hartison State Registered Assistant Appraiser Certification Number: RIO007253 JMQ/lh (02-210) Rug 05 03 OS:50a 10,5 I I I I I I I I I I I I I i I i I I II (I~~, . I :.l! PARCEL 2 ASSESSMENT AND TAXES - 2002 The subject property is assessed under the jurisdiction ofthe City of Sunny Isles Beach, The assessment for the property is established each year as of January 1 st by the Miami-Dade, County Propelty Appraiser's Office at 100% of "Just Value." Just Value has been equated to Market Value less closing costs. While the State of Florida requires real estate to be assessed at 1.00% of Just Value, in reality the ratio of the assessed value to sales price is generally below 100%. Folio Number: 31-2202-009-0020 Assessed Value: Land Improvements Total $78,920 $ 0 $78,920 Millage Rate: $22.2295 per $1,000 Tax Amount: $1,754.35 OWNER OF RECORD AND ADDRESS Miguel and Gladys Ramunno 300 - 187th Street Golden Shores, Florida 33160-2409 FIVE-YEAR HISTORY OF TITLE Investigation of the Public Records of Miami-Dade County indicates no transfers of title of the property dUl'ing the past five years. QUINLIVA:N APPRAISAL s Aug 05 03 OS:4Sa 1'0,2 . II SUMMARY OF SALIENT FACTS AND CONCLUSIONS II Type Appraisal Self-contained I . I -- II Type Report Complete Purpose of Appraisal Market Value Property Rights Appraised Fee Simple Location Northeast comer of Atlantic Boulevard and 1915t Terrace, Sunny Isles Beach, Florida Legal (1) POltion of Block 4, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0010) Echavarria and Prats; II 1I ,I (2) Portion of Block 4, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0020) Ramunno; : II II (3) Portion of Block 4, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0030) Branigan; II II II (4) Lot 15, Block 5, Golden Shores Ocean Boulevard Estates, Plat Book 51, Page 93, Miami-Dade County, Florida (31-2202-009-0180) Patrimonial Corp. . I I Land Size: Parcell (Echavarria and Prats) Parcel 2 (Ramunno) Parcel 3 (Branigan) Parcel 4 (Patrimonial Corp,) 6,689 square feet 10,355 square feet 20,937 square feet 7,500 square feet I QUINLIVAN APPRAISAL 1IlIlI. . 3 Rug 05 03 OS:50a I I I I I I 1'j' " II I... " , II ,II II " I I I I I I ,lllj!' I 1'( -. Impl:ovcments Zoning: Parcels 1,2 & 3 Parcel 4 Highest and Best Use: Parcels 1,2 & 3 Parcel 4 Estimated Land Value: Parcell (Echavarria and Prats) Parcel 2 (Ramunno) Parcel 3 (Branigan) Parcel 4 (Patrimonial Corp.) Date ofInspcction Date of Value Estimate Date of Report p.3 None RU-2, Duplex RU-1, Single Family Duplex usage Single family residential usage $165,000 $362,500 $630,000 $187,500 December 4, 2002 December 4, 2002 December 4, 2002 QUINLIVAN ApPRAISAL 4 - I I I - - - I I II II II I I I I I IiI; II~ ,t II" 8iI: \ Rug 05 03 OS:50a 10,4 Sale R;-4 and R-5 at $32.00 and $30.00 per square foot, respectively, should indicate upper limits of the value for the subject lots. Sale R-5 is currently vacant. The owner plans to construct a single family residence on the site, Sale R-6 contains an older residence. Reportedly, the owner plans to demolish the existing residence and construct a single family residence, These lots are located approximately five blocks southwest of the subject lots and are considered slightly better in location, The subject lot backs to the William Lehman Expressway. Duplex Lot Sales The duplex lot sales range in unit price from $33,14 to $59,66 per square foot. These lots arc being assembled by one buyer with the intent to remove the existing duplexes and construct townhouses. Excluding Sale D-l, which is older in time and Sale D-7, which is the latest sale and appears a premium was paid for assemblage, the remaining sales have unit prices ranging from $43.09 to $46.40 per square foot. The sales properties arc generally more functional than the subject duplex zoned properties. Parcel I is triangular in shape and Parcels 2 and 3 have excessive depth. ~ There arc few areas in the subject neighborhood or nearby neighborhoods with duplex zoning. The sales contain older duplexes and are located within a three block radius of the subject lots. Based on a careful analysis of the salcs,tbe values of the subject lots are estimated as follows: Parcell (RU-2 Zoned) 6,689 square feet x $25.00 per square foot = Rounded $167,225 $165,000 Parcel 2 (RU-2 Zoned) 10,355 square feet x $35.00 per square foot = Rounded $362,425 $362,500 Parcel 3 (RU-2 Zoned) 20,937 square feet x $30.00 per square foot = Rounded $628,110 $630,000 Parcel 4 (RU-l Zoned) 7,500 square feet x $25.00 per square foot = $187,500 " I I; QUINLIVAN APPRAISAL 31 -- - -- - I - - I - I ~ - I I I I , I H~~' iii":' [ ".". I: , : (K) The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in confomlity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal PraCtice of the Appraisal Institute. (L) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As oftlle date of this report, J. Mark Quinlivan has completed the requirements ,under the continuing education program for The Appraisal Institute. Based on the inspection of the property and the investigation and analyses undertaken, subject to the assumptions and limiting conditions set forth in the Addendum of this report, we have formed the opinion, as of December 4,2002, the subject properties had Market Values of the fee simple interest of: PARCEL 1 (ECHAVARRIA AND PRATS) PARCEL 2 (R4.l\1UNNO) PARCEL 3 (BRANIGAN) PARCEL 4 (PATRIMONIAL CORP.) $165,000 $362,500 $630,000 '$187,500 /1 J ! I \. ,~/'J1IuL , UJ~JL J./M-tiRK QUINLfl/AN, MAl SfrAJf CERTIFIED GENERAL ApPRAISER (JERT1FICATION NUMBER: RZOOOO 112 v ........" ./ / / ,/ '/L ....-,!~--- / ' A -----...... ,10-./'.., . J ~ _ .... .. ./ ,.. '~.' _..__"_.,__ ~J ) r L/u/ /1.N /( . 7'--.~ ____ 'LANEEN F. HARRISON STA TE REGISTERED ASSISTANT ApPRAISER CERTIFICATION NUMBER: RZ0007253 QUINLIVAN APPRAISAL 2 ,4 So$ lgr City Commission City of Sunny Istes Beach _oa Fro David Samson,,Mayor e 17070 Collins Avenue, Suite 250 Norman S.Edeleup,Vice Mayor rSunny Isles Beach, Florida 33160 Gerry Goodman,Commissioner Danny Iglesias,Commissioner .. (305) 947-0606 City Hall Lila Kauffman,Commissioner (305) 949-3113 Fax p' Lynn M.Da n Russo,Cityr Managerrn r .Floas (305) 947-2150 Budding Department Lynn M.Daenhebser,Ciry Attorney ar sue 'No ` (305) 947-5107 Fax Jane nines,Acting City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo,City Manager DATE: September 18, 2003 ��---FFFF//// 1 RE: ACQUISITION OF PROPERTY LOCATED AT 19142 COLLINS AVENUE (NORTHEAST CORNER OF ATLANTIC BLVD AND COLLINS AVE) RECOMMENDATION It is recommended that the City Commission adopt the attached resolution establishing the necessity of acquiring the property located at the northeast corner of Atlantic Boulevard and 191st Terrace, near the Golden Shores park, through purchase or condemnation. REASONS Many months ago, some residents came to a Commission meeting and asked that we pursue the open land around the Golden Shores Park. As such, the City became interested in expanding the park so that we may be able to provide more amenities for our residents. Adjacent/surrounding property sites were viewed and considered as possibilities. However, to date the owners of 19142 Collins Avenue have rebuffed any attempts by the City to acquire the property. ADDITIONAL INFORMATION The tremendous growth and continuing high level of development within the City has and will continue to increase the need for recreational municipal services; this requires more land. Acquisition of the above property will allow the City to provide a level of service, consistent with its development. The City has the authority to acquire the property through eminent domain, the right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction, pursuant to Chapters 73, and 74, Florida Statutes (1999). CJR/pw Agenda Item CU 191&Coffins-Eminent Domain Agenda Memo 9-( 7-03 Date