96-21887 RESO
RESOLUTION NO.
96-21887
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING TO CONSIDER PUBLIC COMMENT, AS
REQUIRED BY ORDINANCE NO. 92-2783, REGARDING
THE SALE OF APPROXIMATELY 55 SQUARE FEET OF
THE CITY-OWNED RIGHT-OF-WAY ADJACENT TO THE
EAST OF THE PROPERTY LOCATED AT 317 NORTH
COCONUT LANE, MIAMI BEACH, FLORIDA.
WHEREAS, a private encroachment currently exists on public land located on Palm Island;
specifically, the property located at 317 North Coconut Lane, presently owned by Dr. Richard S.
Beach, has a concrete garage of cinderblock construction which extends approximately 55 square
feet into and occupies the public land located to the east of Dr. Beach's property; and
WHEREAS, on February 28, 1995, a Complaint to Quiet Title was filed in the Circuit Court,
alleging that by virtue of his adverse possession of the subject public property, Dr. Beach has a claim
superior to that of the City of Miami Beach's interest therein; and
WHEREAS, hoping to settle this matter, Dr. Beach had an appraisal performed by South
Florida Appraisal Group, Inc., which appraised the 55 square feet parcel, as of April 25, 1995, at
$2,028.00; and
WHEREAS, the City Attorney's Office and the Administration are currently evaluating both
the merits of Dr. Beach's case as well as pursuing settlement negotiations which would recommend
the sale of the property; and
WHEREAS, pursuant to City of Miami Beach Ordinance No. 92-2783, which establishes
procedures for the sale and/or lease of City property, prior to the sale and/or lease of City property,
the Mayor and City Commission shall hold a public hearing, advertised not less than fifteen (15)
days prior to the hearing, in order to obtain citizen input into the proposed sale and/or lease.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida, that a public hearing to hear public comment, as required by
Ordinance No. 92-2783, regarding the sale of approximately 55 square feet of the City-owned right-
of-way located to the east ofthe property located at 317 North Coconut Lane, Miami Beach, Florida,
be scheduled to be held before the Mayor and City Commission in their Chambers on the Third
Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on Tuesday, April 2, 1996,
beginning at 3: 00 , and the City Clerk is hereby authorized and directed to publish appropriate
public notice of the said public hearing in a newspaper of general circulation in the City of Miami
Beach, at which time and place all interested parties will be heard.
PASSED AND ADOPTED this ~ day of February, 1996.
ATTEST:
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CITY CLERK
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO: 87-- 9 10
DATE: FEBRUARY 20, 1996
FROM:
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
MURRAY H. DUBBIN, CITY ATTORNEY J\M ~JL--c-
JOSE GARCIA-PEDROSA, CITY MANAGER JJ.I
RESOLUTION CALLING A PUBLIC HEARI~'TO HEAR PUBLIC COMMENT
REGARDING THE SALE OF APPROXIMATELY 55 SQUARE FEET OF THE
PUBLIC RIGHT-OF-WAY ADJACENT TO THE PROPERTY LOCATED AT 317
NORTH COCONUT LANE, IN SETTLEMENT OF THE LITIGATION TO QUIET
TITLE STYLED, DR. RICHARD S. BEACH V. CITY OF MIAMI BEACH.
\
TO:
SUBJECT:
Since 1924, a private encroachment has existed on public land located on Palm Island;
specifically, the property located at 317 North Coconut Lane, presently owned by Dr. Richard S.
Beach, has a concrete garage of cinderblock construction which extends approximately 55 square
feet into and occupies the public land located to the east of Dr. Beach's property. On February 28,
1995, a Complaint to Quiet Title was filed in the Circuit Court, alleging that by virtue of his adverse
possession of the subject public property, Dr. Beach has a claim superior to that of the City of
Miami Beach's interests therein. Hoping to settle this matter, Dr. Beach had an appraisal performed
by South Florida Appraisal Group, Inc. which appraised the property of April 25, 1995 at $2,028.00.
Pursuant to City of Miami Beach Ordinance No. 92-2783, the sale of City property would
require a public hearing. The attached Resolution requests that the public hearing be scheduled for
the City Commission meeting of April 2, 1996. In the interim, the Administration and City
Attorney's Office shall continue to evaluate both the merits of Dr. Beach's case as well as a possible
settlement of same.
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AGENDA
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1700 Convention Center Drive - FourtbjFloor - Miami Beach, Florida 33139