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Resolution 80-16452 ' RESOLUTION NO. 80-16452 RESOLUTION WAIVING OBJECTION TO ENCROACHMENTS FROM PROPERTY AT 1244 PENNSYLVANIA AVENUE -- (ON PUBLIC RIGHT-OF-WAY) WHEREAS , the owner, Melvyn J. Katzen, Trustee, and others having a beneficial interest in the following described land situate in Miami Beach, Florida, to wit : Lot 3, Block 41, of OCEAN BEACH ADDITION NO. 3, according to the Plat thereof, recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida; have petitioned the City Commission of the City of Miami Beach, Florida, to waive objection to the encroachments upon a public right-of-way created by an existing structure on said land, all as shown by the attached "Sketch of Survey" prepared by James D. Reeves , a duly registered Land Surveyor, dated November 18, 1975 and revised August 1, 1980. WHEREAS, the City Commission has found and determined that said encroachments were unintentional and not made under claim of right, and are not of such an extent or degree as to substantially affect or obstruct the use or the rights of the public; NOW, THEREFORE, BE IT DULY RESOLVED that the City Commission of the City of Miami Beach, Florida, does hereby, insofar as it possesses the power so to do, waive objection to the existence of the encroachments shown by the attached "Sketch of Survey" and consents to its continued existence during the lifetime of the existing structure, but not there- after. PASSED AND ADOPTED this 5th day of November ,1980. Mayo r Attest : City C er FORM APPROVED LEGAL D . PT. FA/b k. Dae J (— —ltZ 6.0 4 Ned.. ge4,4 P 1 Beq FLORIDA 3 3 1 3 9 i 0::ORArzo* "VACATIONLANU U. S. A. - \-y civb l ";ftki 26'. OFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. as-- DATE: November 5, 1980 TO: Mayor Murray Meyerson and 'hers of City Coimission FROM: ,•rold �./oal City Manager SUBJECT: Request for Release by City of Encroachments onto Public Property, 1244 Pennsylvania Avenue Dorann Apartments Attorney Dale A. Heckerling has addressed communications to this office requesting that the above referenced subject matter be placed on the Commission Agenda for consideration. The encroachments referred to involve the rear portion of the building encroaching into the right-of-way of Pennsylvania Court approximately 0. 10 ' on the south and diminishing to 0. 006 ' on the north end, and the patio stairway and planters encroach- ing into the right-of-way of Pennsylvania Avenue a maximum distance of 2. 3 as shown on the attached survey. The Public Works Department has reviewed the encroachments and advised that it would have no effect upon the existing utilities or roadways . However, they recommend that the existing garbage dumpster be relocated onto private property and that the concrete splash blocks and concrete ramp be removed from Pennsylvania Court. The City Attorney also reviewed this matter and has prepared a Resolution allowing the encroachments to remain until such time as the building is demolished. The property owner would also have the right to maintain and repair the existing building including the encroaching portions . The Administration recommends that the Commission approve the Resolution authorizing the encroachments to remain until such time as the building is demolished providing that the owner remove the existing garbage dumpster, splash blocks and concrete ramp from Pennsylvania Court. HTT/FA/b Attachments 88 AGENDA Ce .,.ii ITEM DATE 1 '` S_ 'r`) ZZ 0,41.141-2_ - P2 PAVEC) ALLEYa ri u2o a• R. p./D�ncr. - e• • SO•(MaA.) D.OG�'ncr. 1�� P;�-�e Pi 5.3 1s • 39.25 -- ----. 7. I 1 4 m , ! r .95' r ;} ' ! I : 1. , 3-STY. 013.5. - •i APs. -+," 12.44 • ' o ,k a .• •'O ' \ \� , 'S. first Floor ` Ir.' q - El. 8.74' Refers to O.DO M.L. • W--U.S.E.D."Bay•Dafan7 - 11 , • 39.2.5' • lir 5.44. •5.3 0!1 . • . . , 1 e.....,. s4..A. es Conc.. Pot•io 0 Pipe 2./O' both 6 " ( (P/pe 2.05. inch 38.Do. i from WoM from W4JK.'Z� �D /L.2g oo! a o.as �� O IN LJ/ls�— GL'ANTERLztsN 5'Wo/lcConc Ci.ib 3.5• Pc'rkwny 3' Curb 4 Go fifer 2-457`- A5PHAL-T PAVEMENT -, PENNSYLVANIA AVENUE CERTIFIED TO: AMERICAN TITLE INSURANCE COMPANY SURVEY sxETcN OF: LOT 3, BLOCK 4 / , OCEAN 8EACH Scale: /"• ZO' F/.. Z/ A 4,_A1T/O/V NO. 3 s ' per/c : Nov. /8 ,1975 (PLAT BOOH 2, P•)GE 8/) Rr-_V= AU4 i1980 IMA M/ BEAC/-1, FL OR/DA SURVEYOR 5 CERT/F1CATr: This /5 To CERT/P) THAT THE SKETCH SHOWN MEREOry CONFOt MS ?Y/TN rq SUR'VFY OP TNA Ai ovE J7kSCRIBED PRO='F1CTY, TWAT TN ER E :ARE ND YISIESLC ENCICOACNMENTS WHAT SO EVA, Ex C M VV HERE ''9 SHOW/y, AND THAT THE SAID -.V erTCH /S ACCURATE AND CORRECT TO THE F3EST or otitz KHOWL.DC AND BELJEF. '- ?L1f WELL - YVhiI TTA ER /NC. f3y: s E vE S SR11,.,..,t_„;si,i/9..; i eu t....d..1..4 C S t Co',wh'"9 kf9ineers -11 Survzynx5 J MF R 1 92 i'vl,aM/ /3EACH, FLORIDA P. t.s. No. 2194 -.STATE or ELO,�/DA I `Sli.2VfYORR'S HOTS":. 3n,can _ ...-... ORIGINAL RESOLUTION NO. 80-16452 (Waiving objection to encroachments from property at 1244 Pennsylvani Avenue) Port N ApH 'KprtTS,(1N pu c,P)Ar