96-21958 RESO
RESOLUTION NO.
96-21958
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE SALE OF APPROXIMATELY FIFTY-FIVE (55)
SQUARE FEET OF THE CITY-OWNED RIGHT -OF -WAY
ADJACENT TO THE EAST OF THE PROPERTY LOCATED
AT 317 NORTH COCONUT LANE, MIAMI BEACH,
FLORIDA, TO DR. RICHARD S. BEACH; WAIVING, BY A
517THS VOTE, THE COMPETITIVE BIDDING
REQUIREMENT UNDER ORDINANCE NO. 92-2783; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE
THE TRANSACTION, INCLUDING A QUITCLAIM DEED,
SUBJECT TO FINAL REVIEW OF SAME BY THE CITY
ATTORNEY'S OFFICE.
WHEREAS, since 1924, a private encroachment has existed on public land located on Palm
Island; specifically, the property located at 317 North Coconut Lane, presently owned by Dr. Richard
S. Beach, has a concrete garage of cinderblock construction which extends approximately fifty-five
(55) square feet into and occupies the public land located to the east of Dr. Beach's property; and
WHEREAS, on February 28, 1995, a Complaint to Quiet Title was filed in the Circuit Court,
alleging that by virtue of his adverse possession of the subject public property, Dr. Beach had a claim
superior to that of the City of Miami Beach's interest therein; and
WHEREAS, hoping to settle this matter, Dr. Beach had an appraisal performed by South
Florida Appraisal Group, Inc., which appraised the fifty-five (55) square foot parcel, as of April 25,
1995, at $2,028.00; and
WHEREAS, in evaluating the merits of Dr. Beach's case, the Administration and the City
Attorney's Office have determined that while this case is legally defensible, a sale of the fifty-five
(55) square foot encroachment to Dr. Beach in settlement of this matter would be more expedient,
particularly since the encroachment has existed since 1924, the City is not currently using that
portion of the right-of-way, nor does it intend to use it for any purpose in the future, and the public's
continued use of the remaining portion of the right-of-way would not be disturbed, nor ingress or
egress to same hindered in any way; and
WHEREAS, as required by City of Miami Beach Ordinance No. 92-2783, a public hearing
was held on April 2, 1996, regarding the proposed sale of the fifty-five (55) square foot portion of
the right-of-way to Dr. Beach; and
WHEREAS, it is also recommended that the Mayor and City Commission waive, by 517ths
vote, the competitive bidding requirement under Ordinance No. 92-2783, as the sale of the fifty-five
(55) square foot portion ofthe right-of-way to Dr. Beach in settlement of his lawsuit would be in the
best interest of the City.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve the sale of approximately fifty-five (55) square feet of the City-owned
right-of-way adjacent to the east of the property located at 317 North Coconut Lane, Miami Beach,
Florida, to Dr. Richard S. Beach; waive, by a 517ths vote, the competitive bidding requirement
pursuant to Ordinance No. 92-2783; and authorize the Mayor and City Clerk to execute any and all
documents, including a Quitclaim Deed, subject to final review by the City Attorney's Office.
PASSED AND ADOPTED this17thday of April
,1996.
ATTEST:
Ro~~ f~
CITY CLERK '
C:IWPWIN60IWPDOCSIRESOLUTN\317COCON.SAL
2
FORM APPRO'..' i
By L,;~l~
Date ~2...Q.-~
This Instrument Prepared By
Raul 1. Aguila
First Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
QUIT -CLAIM DEED
THIS QUIT CLAIM DEED, made this 20th day of June, 1997, by first party, CITY OF
MIAMI BEACH, a Florida municipal corporation, whose address is 1700 Convention Center Drive,
Miami Beach, Florida 33139, to second party, RICHARD F. BEACH, whose address is 800
Lakeview Drive, Miami Beach, Florida 33140.
WITNESSETH, that the first party, for good consideration and for the sum of TEN
DOLLARS AND NO/l 00 ($10.00) paid by the said second party, the receipt whereof is hereby
acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all
right, title interest and claim which the said first party has in and to the following described parcel
of land and improvements and appurtenances thereto in the County of Dade, State of Florida to wit:
The External Area formed by a 25 foot Radius Curve Concave to the North, Tangent
to the Southwesterly Line of Lot 1, Block 2-A, Amended Riviera and First and
Second Additions Thereon, Plat Book 32, at Page 37, of the Public Records of Dade
County, Florida, also known as Lot 1 Block 2A of Riviera, according to the plat
thereof recorded in Plat Book 9, at page 109, of the Public Records of Dade County,
Florida, and Tangent to the Southeasterly Line of Lot 1, Block 2A. FOLIO
NUMBER: 02-3222-022-1360
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim
whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit,
and behoof of said party of the second part.
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered in our presence.
By:
N : S
Ti e:
1700 Co ention Center Drive
Miami Beach, Florida 33139
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ITY CLERK
APPROVED AS TO
FORM & LANGUAGE
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STATE OF FLORIDA
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COUNTY OF DADE
~ foregoing instrument was acknowledged before me this .2iJ 'iL day of
(1____ , 1997, by Seymour Gelber, as Mayor of the CITY OF MIAMI BEACH, a
F orida municipal corporation, and who being first duly sworn by me, deposes and says that he
executed the foregoing instrument for the purposes therein expresses. He is personally known to me
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( ) or has produced , as identification.
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My Commission Expires:
OFFICL\L NOTI'.RY SEAL
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO: \ ~S - 9 to
DATE: April 17, 1996
TO:
FROM:
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION ~
MURRAY H. DUBBIN, CITY ATTORNEY ~
JOSE GARCIA-PEDROSA, CITY MANAGE~
RESOLUTION APPROVING THE SALE qf;i1PROXIMATELY FIFTY-FIVE (55)
SQUARE FEET OF THE PUBLIC RIGHT-OF-WAY ADJACENT TO THE
PROPERTY LOCATED AT 317 NORTH COCONUT LANE TO DR. RICHARD
S. BEACH, IN SETTLEMENT OF THE LITIGATION TO QUIET TITLE STYLED,
DR. RICHARD S. BEACH V. CITY OF MIAMI BEACH.
SUBJECT:
Since 1924, a private encroachment has existed on public land located on Palm Island;
specifically, the property located at 317 North Coconut Lane, presently owned by Dr. Richard S.
Beach, has a concrete garage of cinderblock construction which extends approximately fifty-five
(55) square feet into and occupies the public land located to the east of Dr. Beach's property. On
February 28, 1995, a Complaint to Quiet Title was filed in the Circuit Court, alleging that by virtue
of his adverse possession of the subject public property, Dr. Beach has a claim superior to that of
the City of Miami Beach's interests therein. Hoping to settle this matter, Dr. Beach had an appraisal
performed by South Florida Appraisal Group, Inc. which appraised the property of April 25, 1995
at $2,028.00.
Pursuant to City of Miami Beach Ordinance No. 92-2783, the sale of City property requires
a public hearing. Additionally, should the Mayor and City Commission approve the sale of this
portion of the right-of-way to Dr. Beach, a 5/7ths vote waiving competitive bidding is also required.
Although the City Attorney's Office believes that the lawsuit filed by Dr. Beach is legally
defensible, inasmuch as claims of adverse possession may not be maintained against a governmental
entity, there are two important considerations which would recommend settlement: the
Agenda Item~
1700 Convention Center Drive - Fourti~oor - Miami I
~
'-\.:1!l- '1l,
Date
encroachment has existed since 1924, when the house was originally built, and the City is not
currently utilizing, nor does it intend to utilize in the future, any portion of the fifty-five (55) square
foot right-of-way wherein the encroachment currently lies. Additionally, with regard to this
particular case, the sale of the fifty-five (55) square feet to Dr. Beach would in no way block or
restrict the public's access to or view from the right-of-way, or otherwise impair ingress or egress
therein.
To that end, and for the above stated reasons, the Administration and City Attorney's Office
would recommend an equitable settlement of this matter with the sale of the fifty-five (55) square
feet of the public right-of-way adjacent to the property located at 317 North Coconut Lane to Dr.
Richard S. Beach for the appraised value of $2,028.00, with the City Attorney's Office to review all
necessary documents effectuating this transaction, as well as the entry of a Motion for Voluntary
Dismissal, with prejudice, prior to execution of same by the Mayor and City Clerk.
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