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RESOLUTION 90-19999 RESOLUTION NO. 90-19999 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REVOKING REVOCABLE PERMIT GRANTED TO MARC AND RUTH COOPER AND GEORGE AND ANNE O. BATCHELOR, REVOKING THE REVOCABLE PERMIT GRANTED TO LILA G. HEATTER AND MATTHEW L. LEIBOWITZ AND REQUIRING REMOVAL OF ANY AND ALL ENCROACHMENTS ON ANY PUBLIC- RIGHTS-OF WAY ON DI LIDO ISLAND, RIVA ALTO ISLAND AND SAN MARINO ISLAND. WHEREAS, the City Commission on May 10, 1989 , pursuant to Resolution No. 89-19603 granted a revocable permit to Marc and Ruth Cooper and George and Anne O. Batchelor to construct a fence across the east-west 30 ' right-of-way between Block 5 and Block 1 of Di Lido Island Subdivision, Plat Book 8, Page 36, all in the Public Records of Dade County, Florida; WHEREAS, the City Commission on April 5, 1989, pursuant to Resolution No. 89-19577, granted a revocable permit to Lila G. Heatter and Matthew L. Leibowitz to construct a fence across the north-south 20 ' right-of-way between Block 1 and Block 4 of Rivo Alto Island subdivision, Plat Book 7, Page 74 , all in the Public Records of Dade County, Florida; and WHEREAS, a public hearing was held before the City Commission on June 6, 1990 for the purpose of considering revocation of the above referenced revocable permits and for the purpose of requiring removal of any and all encroachments on any of the public rights- of-way on Di Lido Island, Rivo Alto Island and San Marino Island. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1) The revocable permit granted to Marc and Ruth Cooper and George and Anne O. Batchelor, pursuant to Resolution No. 89-19603 , is hereby revoked for the purposes of opening the right-of-way within the permitted area to the public in accordance with the dedication to the City of Miami Beach, dated June 28, 1939, accepted by the City Council of the City of Miami Beach on July 5, 1939 and recorded on July 21, 1939 in Deed Book 1987, page 390 of the Public Records of Dade County, Florida. 1 2) The revocable permit granted to Lila G. Heatter and Matthew L. Liebowitz, pursuant to Resolution No. 89-19577, is hereby revoked for the purposes of opening the right-of-way within the permitted area to the public in accordance with the dedication to the City of Miami Beach, dated June 28 , 1939, accepted by the City Council of the City of Miami Beach on July 5, 1939 and recorded on July 21, 1939 in Deed Book 1987, page 390 of the Public Records of Dade County, Florida. 3) The City Manager and the City Attorney are hereby instructed to take any and all necessary actions to remove any and all encroachments to any of the public rights-of-way on Di Lido Island, Rivo Alto Island and San Marino Island. ADOPTED this 6th day of June 1990. (41 i' VICE-MAYOR ATTEST: 9-4/-t-e -27/Le FORM APPROVED CITY CLERK LEGAL DEPT. PNB: l m By 6 :; *.r-‹",t..-A, 2?. Date 6 ,-/,9 2 • REGULAR AGENDA - JUNE 6, 1990 R-3. TIME CERTAIN ITEMS (CONTINUED) 4:30 P.M. PUBLIC HEARING D. CONSIDERATION OF REVOCATION OF PERMITS AND REMOVAL OF ANY AND ALL ENCROACHMENTS ON ANY OF THE PUBLIC RIGHTS-OF-WAY ON DILIDO, RIVO ALTO, AND SAN MARINO ISLANDS. 1. NOTICE OF PUBLIC HEARING. (PUBLIC WORKS DEPARTMENT) (SCHEDULED V9/90) ACTION: Hearing held and concluded. Matthew L. Liebowitz presented 25 statements from residents (essentially waterfront property owners) opposing revocation of the permits; and a Settlement Proposal whereby residents of the south part of Rivo Alto Island would be given a key for access to the street-end between 8 West Rivo Alto Drive and 11 East Rivo Alto Drive, during daylight hours. (The proposal apparently was not acceptable to those in favor of revoking the permits. ) Resolution No. 90-19999 adopted, revoking the following revocable permits: With Marc & Ruth Cooper of 51 East DiLido Drive and George Falcon & Anne 0. Batchelor of 101 East DiLido Drive, authorized 5/10/89 by Resolution No. 89-19603 With Mrs. Lila G. Heatter of 11 East Rivo Alto Drive and Matthew L. Liebowitz of 8 West Rivo Alto Drive, authorized 4/5/89 by Resolution No. 89-19577 requiring removal of any/all encroachments on any public rights-of-way on DiLido, Rivo Alto, and San Marino Islands, so they would be made available for purposes of pedestrian access pursuant to the covenants. ACTION SUMMARY (R-3D) JUNE 6, 1990 -9- ORIGINAL - ��o RESOLUTION NO. 90-19999 Revoking revocable permit granted to Marc and Ruth Cooper and George and Anne O. Batchelor, revoking the revocable permit granted to Lila G. Heatter and Matthew L. Leibowitz and requiring removal of any and all encroachments on any public-right-of way on Di Lido Island, Riva Alto island and San Marino Island.