HomeMy WebLinkAboutR-1974-057A.XISOLUTTON R.ECITING CERTAIN FACTSAND CIRCUNSTANCES OCCU.RING AFTER T}IE
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RESOLUTION NO. 5?
1949 Special
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WmREAs, Section 3, jtricle III, part 9, 525760,
Acts of Florida, as anenaled (conmoDly referreal tc as theof the City of Danj.a) provides a nethod anat proceilure fcr vacatingstreets, alleys and liqhts-of-way previously dedicated to the publicwithin the U.mits of the City of Daniai anal
WIIEREAS. paul B. Anton, as trustee, the recolal orne! as ofJune 7, 197L, of Elocks B, C and D, St. Janes palk Delmar, accoraling
co the Plat theleof, recolded in plat Book 14, page 53, public Recordsof Erokard County, Floriala, also described as follows, to !rlt,SEI of. Nr,rk of SEt and Shr! of NE! of SEtand sEl of NEI ot SE! .t s.".i., i, --'
?ownshiF 51. south, Range 42 East, erorardCounty, ftorida,
Daale application to the City of Dania for a vacation atlat abandtonmentof certaln streets, areas o! public rights_of_way located nithin thebounda!ies of the above-alescribed property; and
I{HERIAS, concurrently, pauL B. Anton, as trustee, as of June
7 , L97t,offeted to dedicate other streets anai rights-of-ray topublic; and
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WBIREAS, in fulthel conslderation of the natter, Paul B'
Anton agleeal as of June 7, Ig7l, Lo convey a celtaj.n parcel (referre'l
to solnetimes as the 'rtwo-acre Parceli) to the city fo! Public Park
PUTPOSeS i and
WIIEREAS, by resolution no. 1988 Passed and adoPted by the city
comrission of the City of Dania on June ?, 1971, the city conmission
approveal and granted the various requests of saiil Paul B' Anton, as
tlustee, by dloing the following thinqs or acts but subject to the
conditions indicated, to l,,it:
(1.) By section 1. of said resolution no' 1988, the city of
Danla vacatetl, abandoned, disclained and renounceal any anal all right'
title anal interest of the city in and to the areas lnore particularly
alescribeal in saial section, t hich had been previously dledicated o!
othei\rise used for Public right_of_i{ay purPoses.
(2) By Section 2. of saial resolution no. I9SS, the City of
Dania agreed to accePt a ProPer deed fron PauL B. Anton, as trustee,
conveylnq unto City of Dania certsaifl areas described in said Sectiofl
2. for public stleetss or Public right_of-L'ay PurPoses.
(3) By section 3. of saiil resolutj.on no. 1988, Cj-ty of
Dania agreeal lo accePt from Paul B. Anton, as trustee, a deed to
the lantls more palticulalLy described therein, contai.tring tl,ro acles,
Dore o! less, fot public palk purposes and
({) By Seclj.on 6. of said resolution no. 1988, the enti'e
lesolution no. 1988 l,as aaloPted on condition that the owner or
aleveloper of said Blocks B, c and D, st. JatEs Park Delnar, Bloward
county, Florida, Proceeal with the dleveloPment of nuLciPle family
alpell.ing units on said lands uith the construction to be comnence'l
on or before December 31, 1971t and
WHEREAS, Paul B' A[ton, as lrustee, dj.d tender to the City of
Dania a proPer deed dated August 19, 1971, conveying unto the city
the various aleas requiledl for public streets or PubLic light-of-
lray pulposes, eith the sald aleed not havj.[g been recordeal but held
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1r1 esclow by clalke llal'len ' as city attorneyt and
wtlEREAs, after June 7' I9?L PauI B' A$!on' t:.tii:i:i; 3l:-"
lndividuarly, ioined by his oife' uaralyn A' anton' conveyed'/the
followingdlescribe.Ilanas,gituate,LyingantlbelnginBrorEr.l
County, Plorida, to wi!:
Plots B' C antl D of St' James Par.k
Delrlat' accot'linq to the Plat lhereof
recolded in Plat Book 14' Page 63'
Public lecor'ls of Blowar'l coulgy '
rlorida' EI9E3! the lands Previouslv
'lescribea
ln the afolesai'd dleed froln
Paul B' Arton' as trustee' to CitY of
oania' 'lescribing
the lands lefetle'l to
!n Secti'on 2' o! resolution no' 1988t
WEEREAS, the develoPet of said Blocks B' C and D' St' James
incurleil delays in the cofidencenent of construcej'on
far0ily dlre1Iing unils on sai''l lan'ls bY the ttea'lline o!
1971, (as Providetl in section 6' of resolution no' 1988)
and
Park Delmar,
of nultiPle
DeceFber 31,
with the city coiflrission recognizing that'
tlelays ltere cause'l by city of Dania because
ti-ne to furDish sanitarY se'er service and
to a great extent, sai'I
of its inability at the
watel selvice tO the
ptoject, and
sIllEREAs, after Anthony Dlakas becane tshe o$ner of Block B' c
anit D of st. ,lafles Park Delnar (excePt those areas to be conveye'l
to city of Dania anil as aescribedl in section 2' of resolution no'
1988), the said A$thony Drakas negotj"ate'i with city of Daria to pay
the cash sum of 532,500'00 to city of Dania in Iieu of conveytng
the afolesaiil two acres of lands to city of Dania to be use'l for
p!.b1ic Park PulPosest and
WIEREAS, at the meeting of the city coflnissioa of the Cily of
Dania? Eloriala, held on APri] 2' f913' the acceptance of the saia cash
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sun of 532,500.00 fron Anthony Drakas, in lieu of a deea to lhe
aforesaidl two rcres fo! Public park PurPoses' rlas aPPloved with the
dinutes of the meeting of April 2, 19?3, regar'ting tshe subject being
quoted as follows, to $it:
"1. The citY Manager rePorEed to Ehe ColEnission'
the background of the Drakus develoPment' tormerry
knoi,'n as the Anton projecc' There had been nego_
tiations on the develoP€r giving the clty two acres
if land or its equivalent value in cost' The olnhers
iia-"qt."a to pui th. city the aPpraised value of.t!,o
acres in lieu of giving tt'o acres These monres co
te ,riea f"r park iurchase and develoPment' After soma
iiscussion, u mocio,l 'as made by conmissioner Adler'
;;il;-;; connissroner rav to accept the-apPraised
value of S32,500.C0 !n lieu of the tand and Passeo
,iilr-t.ot ivi". conmissioner Duncanson voted no.''
and
IIHEREAS, because of the valious no'lifications or chatrges in
circunslances arlsing subsequent of ;Iune 7, 1971' the city conrnission
alesiles to aaloPt the within resolution to show its final ulderstandiDgs
anal agleenrents uith regard to the general subiect natter'
NOW, TIIEREFORE, BE IT RESOIJVED BY TIIE CITY COI{MISSION OF TEE
CIIY OE DAIIIA. FLORIDA, AS FOEOWS:
secti.on 1
(a) ahat section 1. of resolution no' 1988 adoPted by the
city conmission of the city of oania, Elorida on Jude 7' I97I' be
.nd the same is heleby latifleal, aPProved and confirmed'
(b) SPecificatly, lrithout limitatlon on the aforegoiflg'
pulsuant to the afolesaid charter authority and in full conPliance
lri.th the nethods anil Proceilures Plovided in the chartet' City of
Dania, a Flot iala municiPal corporation,
'Ioes
hereby vacate' abalr'lon '
dlisclain anil lenounce anY anal a1t right, lit1e and interest of
Ci.ty of Dania in atrd !o the following aleas whjch have been pleviously
aledllcateal or othereise useal for Public right-of-uay purPoses' to wit:
That Farticular street, 40 feel in width, as shown
on the PIat of sr. JAtlES PAR:( DELIIAR, Plats B, C,
D and E, according to the pl-at theleof recorded in
Plat Book 14, P3ge 63. Public Records of Broward
County, Florida, that lies betueenr
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Lts 1 !o 16, inclusive, and l,ots I7 to
32, inclusive, of Plat B, I6ts I to 8,
inclusj-ve, and i-oas 9 tc t6, .inclusive,
of PIat c, and Lots 8l to 1O4, .inclusive,
anil Lts 105 to 12a, inclusive, of Plat
D, said lands situate, Iying and being
in Browatd County, Eloriala-
That particular street, 40 feet in q'iitth, as shown
on the Plat of ST. J|YES PARK DELIIAR, Plats B, C,
D anal E, acccraling to the p.lat thereof recorded in
PIat Book 14, Page 63, Public RecorCs of Broward
County, FIorida, thaE lies between r
\That particular alle.,, 15 feet ir width, as shown
ON t,hE PIAE Of ST. JAUES PARK DEI,IIAR, P1ATS B, C,
D and E, according to the plat thereof recorded in
PIal Book 14, page 63, Public Records of Browrrd
County, Florida, that lies bettreen:
Lts 33 to 48, incllsive, and Lts 49 to
64, inclusive, of PIat B, rDls 17 to 24.
incluslve, and Lots 25 tso 32, inclusive,
of Plat C, and Lots 129 to 152, inclusive.
alld I,ots 153 to 176, inclusive, of PIat D,
said lands situate, Iying and being in
Broward County, Florida.
Lts 17 to 12, incluslve, and Lots 33 to 48,inclusive, of PIat B, Lots 9 to 15, inclusive,
and I-ots 17 to 24, inclusive, of PIat c, and
Lts 105 to I28, inclusive, and lots 129 to
1.52, inclusive, of Plat D, said lands situate,
1yin9 and being j.n Bronard County, Florida.
section 2.
(a) Ihat section 1. of resolution no. 19Bg adoPted by the
cLty cofinission of tbe city of Dania, Florida, on June 7, 1971, be
ana the sal|e is heleby latified, aPPloved and confifiEd.
{b) SpecificalLy, {ithout litldtation on the folegoing, city
of Dania does heteby accept the certain deed alated August 19, 197I,
fron Paul B. Anton, inilividually, and as tlustee, joined by his
rife. lraralyn A. ,lnton, to City of Dania, conveying unto City of
Dania the following alescribed areas for Pubtic streets or public
rtght-of-say Pu!'Poses, to vri C:
The North 25 feet of the SEk of the NEt of the
SEI of section 3, TownshiP 5I south, Range 42
Ea3t,
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the llesl 25 feet of the sE! of the NEL of the
i"i "i t."aion 3, TownshiP sr soirth' Range 42
East i
The South 25 feet of the SEI of the NEI of the
iJ! ir s".ti"" 3, TownshiP sl south, Range 42
Eastt
The East 35 feee of tshe sEt of the NEt of the
iJi "i a"".i"" 3, Township sL soutl' Range 42
East;
the North 25 feet of the Swl of the NEt of the
iel of s."ti"n 3, TownshiP 5I south, Range 42
East,
?he West 25 feet of the Swk of the NEk of the
ie! of s"cti"" 3, Toh'nship 5I south, Range 42
East,
r.ha south 25 feet of the swl of the NEt of the
iii l-r-i...i." 3, rownshrP sI south. Ranse 42
East,
The East 25 feet of tshe Swt of the NEL of the
ir! of s..tion 3, To\rnshiP 5l south, Range 42
Eastt
The North 25 feeE ot the sEl of the Nnk of the
irt of s..tion 3, aownship 51 south, Range 42
Eastr
The west 50 feet of the sEl of the NllI of the
ierf of suction 3, Townshi-p 51 south, Range 42
Eastt
The south 25 feet of the sEl of the Nwl of the
lit or s""u.on 3, TownshiP sI south, Range 42
East: andl
ltle east 25 feet of the sEk of the NUk of the
SEI of section 3, Tolmship 5l South, Range 42
East,
all of saial ]ands situate, lying and being in
Broward County, Elotida.
Section 3. That City of Danj.a aloes heleby resclnd ard repeal
all of Sections 3., 4., 5. and 6, of lesolution no. 1988 adopted
by the city cornmj.ssion of the Cit,, of Oania, Florida, on June ?, 1971.
Section 4. That alL resolution or parts of resol.ution in con-
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fLlct herewith are hereby repealed to the extent of such conflict.
section 5. That this resofution sha11 be in force and take
effect i:inediately upod its passage and adoption.
PASSED and ADOP?ED thj.s 4th day of March, 197{.
f.,L,
Hayor{onuriaaionei
Attest:
City Clerk-Audiror
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