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
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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
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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
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ORIGINAL
RESOLUTION NO. 80-16452
(Waiving objection to encroachments from
property at 1244 Pennsylvani Avenue)
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