Commission Memo 9272 10/15/81
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FLORIDA
33139
"V ACA TlONLAND U. S. A."
OFFICE OF THE CITY MANAGER
HAROLD T. TOAl
CITY MANAGER
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
q112--
DAn:: Octobe~_.}-5, 1981
FROM:
Mayor Murray Meyerson and
~J~m rs .o~ thtt. \c~ com.miSSion
. . ?';hr;)'A~ ~U Jr.).
raid T. Thai
City Manager
TO:
SUBJECT:
Request for Excess Right-of-Way and Issuance of a
Revokable Permit for the City-owned Land West of
Lot 45 on Star Island
The owner of the above property has a residence under construction and
has claimed ownership of the right-of-way at the west side of his
property, which is the parkway area of the northeast approach of the
bridge onto Star Island due to an error in locating the Star Island
Bridge within the existing right-of-way.
The existing bridge to Star Island was constructed over 40 years ago
and was located to the west of the center line of the existing
right-of-way on Star Island; resulting in excess right-of-way to the
east. The City has always maintained that this area is part of the
right-of-way, however, due to passing of time and occupancy of land in
the vicinity by other property owners to the east, and upon advice of
the City Attorney, it was concluded that the City would have far more
to gain by negotiating a settlement with the adjoining owner rather
than litigate the matter.
The Administration, after review of the entire matter, taking into
consideration future replacement of the existing bridge to Star Island,
'existing and future utilities on Star Island, has declared a portion
of the right-of-way surplus which it can deed t~ the adjoining property
owner, however, retaining an easement for some existing and possible
future underground activities, also that the City could grant a re-
vokable permit for a portion of the area that is not immediately needed
but would be required for a future replacement bf the Star Island
Bridge, the area utilized under the revokable permit would be vacated
upon demand by the City and at no cost to the City. This area will
be fenced and the owner will landscape it, making it an appropriate
entrance to Star Island.
The City Attorney has prepared the attached resolution deeding the
excess right-of-way and granting a revokable permit for occupying a
portion of the right-of-way as shown on the attached sketch. The area
to be deeded includes the retaining of easement for underground
util{ties. The revokable permit specifies that' only a fence and land-
scap{ng will be permitted as shown on the sketch.
The Administration recommends that in lieu of litigation the Commission
authorize the deeding of a portion of the right-of-way, which is
surplus, and granting a revokable permit as indicated above.
HTT/FA:pk
Attachments
13
AGENDA
ITEM
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DATE
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PAUL & THOMSON
ATTORNEYS AT LAW
1300 SOUTHEAST FIRST NATIONAL BANK BUILDING
MIAMI, FLORIDA 33131
October 6, "1981
I-Ll\i~D DELIVERY
Mr. Harold Toal
Ci"t.y Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
TELEPHONE.
(305) 371-2000
TELECOPI ER
(305J 374-1005
INTERNATIONAL TELEX
44-1201
CABLE: DPSP (VIA ITT)
Commission Meeting of october 15, 1981
Dear Harold:
.I.
In addition to the matter which I previously
wrote you about would you place me on the agenda for
the City Commission Meeting of October 15, 1981 for the
following matter:
Deeding of excess right-of-way
and granting of revocable per-
mit adjoining lot of Fernando
Labrada on Star Island caused
by original platting and survey-
ing errors.
Sincerely,
~A1- ~~
::': ':-:>/1
.. _ _' _ m
Ms. Lucia Allen
Mr. Frank Amoynin
AGENDA
ITEM
DATE
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