CAO 02-07 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
SUBJECT:
Jorge M. Gonzalez
City Manager
Murray H. Dubbi ,n~x'5~
City Attorney ~ ~'~\
C.M.O. No. 4-5/02
C.A.O. No. 02-07
Colony Theater - Request for the use of 1' x 60' of the South Lincoln lane Right-of-
Way
DATE: May 28, 2002
Pursuant to your request for legal opinion on the above-referenced matter, this is to
acknowledge that Raul J. Aguila, First Assistant City Attorney, is in the process of resolving this
issue with the City's Public Works Department. It is anticipated that this matter will be presented
to the City Commission for approval of a vacation of land, at which time the appropriate
documentation will be presented on the Commission's agenda.
JKO~v
F:~ATTO~OLIJXCAO- LTC~02-07.CAO
CITY OF MIAMI BEACH
Office of the City Manager
Request for Legal Opinion
C.M.O. Number: ~- S~o2.
To:
From:
Subject:
Murray H. Dubbin
City Attorney
Jorge M. Gonzalez
City Manager
COLONY THEATER - REQUEST FOR THE USE OF 1' X 60' OF THE
SOUTH LINCOLN LANE RIGHT-OF-WAY
Date: May 22, 2002
Attached is a letter from the Architect of the Colony Theater, requesting the use of 1' x 60'
of the South Lincoln Lane right-of-way for the reconstruction of column pilasters. As you
may know, the City owns the Colony Theater.
Please provide us with a legal opinion as to how this strip of Lincoln Lane could be used for
the requested use, and whether any vacation would be required.
RCM\'~B~VGK
C:
Robert C. Middaugh, Assistant to the City Manager
Fred H. Beckmann, Director of Public Works
Kent Bonde, Redevelopment Coordinator
Mike Alvarez, Assistant Public Works Director
Arshad Viqar, City Engineer
Gary Kokorian, Civil Engineer III
F:\WORK~$ALL\0 Lucy\Colony Lane R-O-W.doc
HEISENBO'1TI F
A R C H I T E C T S
April 25, 2002
Mr. Fred Beckman
Public Works Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Colony Theater, 1040 Lincoln Road, Miami Beach
Request for 12" Easement in South Lincoln Lane
Building Coe Compliance Response
PUHA Project No. 01-3141
Dear Mr. Beckman:
t T y C,.,E I VEI?
, ,IA HI B£ACtt
02 APR 29 Ptt 58
PUBLIC i~OR,'~S ~£P.'IR THENT
Fax/mail
Reference is made to the proposed restoration and stage house improvements project at
the Colony Theater, located at 1040 Lincoln Road Mall, Miami Beach, Florida. This is a
historic building, as documented with the Miami Beach Historic Preservation Board,
which as a result has mandated that specific features of the building be maintained and
when necessary, reconstructed matching their original design. This letter is written to
request an easement within South Lincoln Lane measuring 12 inches by 60 feet, adjacent
to and along the entire width of the south property line of Lot 12, Block 47 of 'LINCOLN
SUBDIVISION', PB 9, page 69.
The Miami Beach Historic Preservation Board has requested that the column pilasters be
provided on all sides of the building, in keeping with the original buildings design. On
the South elevation of the building, which is being reconstructed, it would be necessary to
encroach into South Lincoln Lane a total of 12 inches to accommodate the pilasters
this elevation. A site plan and elevation sketch is attached indicating their location.
Please review the attached drawing and advise if this encroachment will be permitted, or
if not, what the Owner's requirements are to secure this easement.
Please contact Mr. Kent Bonde at (305) 673-9173 or myself at (305) 446-7799 x 19
should there be any comments or questions.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Terry A. Siegall, AIA
Sr. Project Manager
Encl.
Cc:
Mr. Phillip Azan w/encl
Mr. Tom Mooney w/encl
Mr. Kent Bonde w/encl
Mr. Richard Arcuri w/encl
Mr. Richard Heisenbottle
12" x 60' __
ASEMENT
6" WATER LINE
JTH LINCOLN
8" SEWER LINE