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2000-24122 RESO RESOLUTION NO. 2000-24122 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 191 SQ. FEET OF THE CITY-OWNED RIGHT -OF-WAY ADJACENT TO THE RESIDENTIAL PROPERTY LOCATED AT 2 HIBISCUS DRIVE, MIAMI BEACH, MIAMI- DADE COUNTY, FLORIDA. WHEREAS, a private encroachment currently exists on a public right-of-way located on Hibiscus Island; specifically, the property located at 2 Hibiscus Drive, Miami Beach, Florida (the Property), presently owned by Dr. William Zubkoff and Carolee DeVito (the Owners), and consisting of a two-story addition with a family room on the ground level and bedrooms on the second floor; and WHEREAS, the cause of the encroachment - i.e. the construction of the aforestated addition - was the result of an inaccurate survey prepared by Lanis and Garcia in 1994, which was relied thereafter through the time of construction of the addition which was added to the property in 1991; and WHEREAS, the Owners obtained the necessary permits, including a variance from the Board of Adjustment, to construct the subject addition; and WHEREAS, on April 29, 1999, the Owners filed a Complaint to Quiet Title in the Circuit Court; and WHEREAS, concurrently, the Owners have also filed a civil action against the surveyor, Lanis and Garcia, as a result of the erroneous survey; and WHEREAS, hoping to settle this matter with the City, the Owners had an appraisal performed by Integra Realty Resources, which appraised the 191 sq. ft. parcel (the Building Footprint), as of December 30,1999, at $9,550.00; and WHEREAS, the City had its own appraisal prepared by Appraisal First, Inc., which appraised the subject property, as of June 3, 2000, at $1,400.00; and WHEREAS, the City Attorney's Office and the Administration are currently evaluating both the merits of the Owners' case as well as pursuing settlement negotiations which would recommend the sale of the property; said sale, as mutually agreed to by Owner and the Administration, to be recommended at the Owner's appraised value of the property at $9,550.00; and WHEREAS, pursuant to City of Miami Beach Ordinance No. 92-2783, which established procedures for the sale and/or lease of City property, prior to the sale and/or lease, 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 the Mayor and City Commission herein call a public hearing to consider public comment, as required by Ordinance No. 92-2783, regarding the sale of approximately 191 Sq. Ft. of the City-owned right-of-way adjacent to the residential property located at 2 Hibiscus Drive, Miami Beach, Miami-Dade County, Florida, 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 November 8, 2000 beginning at 3:00 p.m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 18th day of 0011[ MAYOR ,2000. ATTEST: ~r~~ CITY CLERK RJA\kw F:\A TTO\AGUR\RESOS\2HIBSPH.RES APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1t~ )0-[\-0'/) Date 2 OFFICE OF THE CITY ATTORNEY <6~ tfJ1Uom; 11- F L o R D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: COMMISSION MEMORANDUM NO. 111- 00 (305) 673-7470 (305) 673-7002 DATE: NOVEMBER 8, 2000 TO: MAYOR NEISEN KASDIN MEMBERS OF THE CITY COMMISSION MURRAYDUBBIN ..1\..11/ CITY ATTORNEY~~ JORGE M. GONZALEZ CITY MANAGER FROM: SUBJECT: Zubkoffv. City of Miami Beach, 11th Jud. Cir. Ct. Case No. 99-10538 CA 32 The Administration and City Attorney's Office are currently pursuing settlement discussions in the above-referenced matter, related to a 191 square foot encroachment, consisting of a two-story addition to a private residence located at 2 Hibiscus Drive, Miami Beach, Florida, owned by Dr. William Zubkoff and Carolee DeVito. Pursuant to Ordinance No. 92-2783, governing the sale and/or lease of City property, this Office would respectfully request that the Mayor and City Commission set a public hearing to consider the sale of the above-referenced property, consisting only of the building footprint; said hearing to be held on November 8, 2000, at 3:00 p.m. Prior to the public hearing, the City Attorney's Office will hold an Executive Session to discuss settlement of this matter with Members of the Mayor and City Commission RJAIkw F:\ATIO\AGUR\RESOS\MEMOS\2HlBSPH.MEM Attachment Agenda Item C- I Q Date to -t ~ - D:J 1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139