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Commission Memo 8176 C4B33139 L /. ,ei A. " 'FFICEOFTHECITYMANAGER HAROLDT. TOAL CITY MANAGER COMMISSION MEMORANDUM NO. DATE: CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 April 23, 1980 TO: FROM: Mayor Murray Meyerson and :~itwC.ommission City Manager SUBJECT: Quit Claim Deeds of Excess Right-of-WaY for Lots 9, 10, 11 and the South Half of LOt 12 of the Amended Plat of First Oceanfront Subdivision In 1965 the Department of Transportation realigned the new construc- tion Of Collins Avenue adjacent to the above property to preserve the Crystal House landscaping. This was done at the request of the Crystal House owner and resulted in excess right-of-way on the east side of Collins Avenue. The Commission has established a precedent of return- ing excess right-of-way to the abutting owners upon request when there is no conflict with existing improvements, City utilities or other City facilities. The return of excess right-of-way to abutting property owners is an established practice of governments when a determination is made that the right-of-way cannot be used for high- way purposes or other public purposes. The owners of the above lots have requested the City to deed the excess right-of-way to the adjoining property with the City retain- ing an easement for the maintenance and installation of utilities. Also, they will deed to the City a similar tract of land on the west side of Collins Avenue that presently is being used by the State for highway purposes. This proposal has been reviewed by the Public Works Department and it has been determined that the excess right-of-way is not needed for any highway purposes. The City Attorney has reviewed this request along with the quit claim deeds granting the excess right-of-way to the abutting property owners, and the quit claim deeds granting to the City the portions of the outlots presently being used for highway purposes and advises that the Commission, if it sees fit, authorize the execution of the quit claim deeds. The Administration recommends that the City Commission adopt the attached resolution authorizing conveyance of the right-of-way in question and authorize execution of the attached quit claim deeds by the Mayor and City Clerk for and on behalf of the City of Miami Beach, Florida, and accept the quit claim deeds granting the portion of the outlots used for highway purposes to the City. HTT/FA: pk APPROVED t. -r' .C'T. AGENDA ITEM ~AT~ C-q-8