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:
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date
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OFFICE OF THE CITY ATTORNEY
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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
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Attachment
Agenda Item C- I Q
Date to -t ~ - D:J
1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139