HomeMy WebLinkAboutO-2025-018 VC-018-25 Vacation for Tammie and Ellis James ORDINANCE NO. 2025-018
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40 OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-018-25) SUBMITTED BY THE APPLICANTS/ADJACENT PROPERTY OWNERS, TAMMIE AND ELLIS
JAMES, FOR THE PROPERTY GENERALLY LOCATED BETWEEN NW 2
PLACE AND NW 12 AVENUE, RESPECTIVELY, WHICH CONSISTS OF APPROXIMATELY 100 BY 70 FEET OF NW 12TH AVENUE, LYING EAST OF THE APPLICANTS’ PROPERTY LOCATED AT 255 NW 12TH AVENUE WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS “NORTHWEST
12TH AVENUE,” AND IS LOCATED WITHIN THE CITY OF DANIA BEACH,
FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, entitled Land Development Code (the “LDC”), Part
6, entitled “Development Review Procedures And Requirements,” Article 655, entitled “Vacations
Of Right-Of-Way” of the City’s Land Development Code (the “LDC”), the property owner of the
property located a 255 NW 12th Avenue, Dania Beach, Tammie and Ellis James, (the
“Applicants”), have applied to the City of Dania Beach (the “City”) for approval to Vacate the
Northernmost 100 feet of the 70 foot wide Right-of-Way (VC-018-25), known as a portion of
“NW 12th Avenue” (the legal description for the Northernmost 100 feet right of way to be vacated
is attached to this Ordinance as Exhibit A); and
WHEREAS, consistent with the requirements of Section 655-20, of the LDC, the
Applicant obtained notarized signatures of property owners abutting affected portions of the right-
of-way proposed for vacation, indicating support or objection for the application.
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on July 16, 2025, and recommended approval of the proposed
right-of-way vacation; and
WHEREAS, staff have confirmed that all utilities with a potential interest in the area have
been notified and given the opportunity to object. No objections have been raised.
WHEREAS, staff recommends approval of the proposed right-of-way vacation in its staff
report to the City Commission dated August 26, 2025; and
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WHEREAS, the City Commission finds that granting the requested right-of-way vacation
will not adversely affect access to neighboring properties and will not be detrimental to the public
health, safety, and welfare; and
WHEREAS, the City Commission finds that NW 12th Avenue is no longer needed as a
road, and that it is in the best interest of the City to grant the request to vacate the right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being true
and correct, and they are made a specific part of this Ordinance.
Section 2. Pursuant to Chapter 28, entitled “Land Development Code,” (“LDC”) Part
6, entitled “Development Review Procedures and Requirements,” Article 655, “Vacations of
Right-Of-Way,” the requested full right of way Vacation (VC-018-25), as delineated on the
attached Exhibit “A,” is approved.
Section 3. A condition of the vacation shall be that the Applicants execute access
easements for the City’s utilities, as identified in Exhibit B.
Section 4. That if any clause, section, sentence, or phrase of this Ordinance is for any
reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict with this Ordinance are repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect ten (10) days after passage and adoption.
PASSED on first reading on September 25, 2025. PASSED AND ADOPTED on second reading on October 28, 2025. First Reading: Motion by: Vice Mayor Salvino
Second by: Commissioner Ryan
Second Reading: Motion by: Commissioner Rimoli
Second by: Commissioner Ryan
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FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen X ____
Commissioner Luis Rimoli X ____
Commissioner Archibald J. Ryan IV X ____
Vice Mayor Marco Salvino X ____
Mayor Joyce L. Davis ____ X
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
5 ORDINANCE #2025-018
EXHIBIT B
(VC-018-25)
Prepared By and Return To: Eve A. Boutsis
City Attorney City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 3004
Folio #: 5042 33 46 0190
ACCESS AND UTILITY EASEMENT
This ACCESS AND UTILITY EASEMENT (this “Easement”) is granted this ____ day of ____________, 2025 by Mr. Ellis James and Tammie James, (“Grantors”), with an address of 255 NW 12th Avenue, Dania Beach, FL 33004 to the CITY OF DANIA BEACH, a Florida municipal corporation, having an address of 100 West Dania Beach Boulevard, Dania Beach, FL 33004
(“Grantee”).
(WHEREVER USED HERIN, THE TERMS “GRANTOR” AND “GRANTEE” INCLUDE ALL THE PARTIES TO THIS INSTRUMENT AND THEIR HEIRS, LEGAL REPRESENTTATIVES AND ASSIGNS OF INDICIDUALS AND THE SUCCESSORS AND
ASSIGNS OF CORPORTATIONS, WHEREVER THE CONTEXT SO ADMITS OR
REQUIRES) WITNESSETH:
A. Grantor is the fee title owner of that certain parcel of real property more particularly
described in the Sewer Easement Sketch and accompanying legal description included in Exhibit “A” attached hereto and incorporated herein (collectively the “Property”), and the Utility Easement and Legal Description for the Utility Easement more particularly described on Exhibit “B” attached hereto (Collectively the “Easement Area”).
B. Grantee is a municipality within whose jurisdiction the Property is located. C. Grantee has installed infrastructure requiring a permanent easement within the Right-of-Way consisting of a fire hydrant, catch basin, valve, and related components and sanitary
sewer piping. Grantor authorizes an access and utility easement through Grantor’s
Property, in order to provide Grantee access for maintenance of the Grantee’s infrastructure.
D. Grantor desires to grant and create, pursuant to the terms and conditions hereinafter set forth, and Grantee has agreed to accept, the access and utility easement as defined below. NOW, THEREFORE, for Ten and No/100 Dollars and other food and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agrees as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by
this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, an access and utility easement over, across and upon the Easement Area for the purpose of providing Grantee access for maintenance of the fire hydrant, catch basin, valve, and related components and
the sanitary sewer piping (“Access and Utility Easement”) subject to the rights reserved by Grantor, as outlined below. The easement shall constitute a covenant running with the land and will be recorded, at the City’s expense, in the public records of Broward County, Florida, and shall remain in full force and effect and be binding upon the successors and assigns of the respective parties hereto, until such time as the same is released in writing
as hereinafter provided. Grantors shall ensure free and continuous access to the fire
hydrant (cannot be blocked from line of sight from the street, or physically blocked). For example, a fence or wall type structure cannot block access to the fire hydrant from any point on the street as the access is vital for fire suppression purposes to the immediate area
and needs to always remain accessible. 3. Maintenance and Repair. Grantor shall be responsible for maintaining the Easement Area in a state of good repair, reasonably safe condition and neat and reasonably attractive
manner including, without limitation, the maintenance of support structures and all landscaping, irrigation and lighting located within the Easement Area. In the event the Easement Area is damaged or destroyed in part or in whole, Grantor shall repair and restore same to the original condition. If Grantee causes damage to the easement area due to installation, maintenance or repair of the outfall, the Grantee shall be responsible for
bringing the easement area back into a similar condition to which it before any of Grantee’s actions. 4. Notices. Any notice required or permitted to be given hereunder shall be in writing and
may be given by personal delivery or by certified mail return receipt requested, postage
paid to the address set in this paragraph, or such other address as a party may designate on notice to the other.
5. Grantor:
Mr. and Mrs. Ellis and Tammie James
255 NW 12th Avenue Dania Beach, FL 33004
Grantee: City of Dania Beach 100 West Dania Beach Boulevard
Dania Beach, FL 33004 With a copy to: Eve A. Boutsis, City Attorney Dania Beach City Attorney
100 West Dania Beach Boulevard Dania Beach, FL 33004 6. Reservation of Rights:
a. Use of Easement Area. Grantor hereby reserves all rights of ownership in and to the Easement Area which are not inconsistent with the Easement, including, without limitation: i. the right to grant further non-exclusive easements on, over, under and/or across the Easement Area (i.e., utility, access, etc.) which are not
inconsistent with the purpose of this Easement; and (ii) the exclusive right, subject to Grantor’s right to restore, to design, build, furnish and maintain any and all improvements located within and adjacent to the Easement Area.
7. Exhibits. All of the Exhibits attached to this Easement are incorporated in and made a part of this Easement. 8. Sovereign Immunity. Nothing in this Easement shall be interpreted to constitute a waiver
of the sovereign immunity of the Grantee with respect to any negligence actions brought
against the Grantee by third parties. 9. Form of Document. The provisions of this Easement do not imply obligations on the part of the Grantee other than the requirements to provide notice as specifically set forth herein.
This Easement shall not cease to exist upon default by the Grantor or the Grantee’s failure
to give notice. 10. Inspections. As a further part of this easement, it is hereby understood and agreed that any official inspector of the City of Dania Beach, or its agents duly authorized, may have the
privilege at any reasonable time of entering and investigating the accessibility of the
easement area. 11. Duration. The provisions of this instrument shall become effective upon their recordation in the public records of Broward County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be
extended automatically for successive periods of ten (10) years each.
12. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party to any action or suit pertaining
to or arising out of this Covenant shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other
remedies available at law, in equity or both. 13. Severability. Invalidation of any of provision in this easement by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 14. Cumulative rights. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 15. Amendments. This Easement may not be amended or modified except by written
instrument executed by all of the then fee owner(s) of the Easement Area and the City Commission of Grantee; provided however, that amendments or modifications to correct or amend Exhibits “A” and “B” of this Easement may be executed by the then fee owner(s) and City Manager of Grantee without necessitation review and approval by the City Commission. Modifications or amendments shall be recorded in the Public Records
of Broward County, Florida. 16. Termination. Termination of this Easement may only be accomplished through the City’s easement vacation process as provided in the City’s Code of Ordinance.
17. Entire Agreement. This Easement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto.
18. Captions. The captions and paragraph headings contained in this Easement are for
convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof. 19. Counterparts. This Easement may be executed in one or more counterparts, each of which
shall be deemed to be an original, but all of which shall constitute one and the same
Easement. 20. Waiver. No waiver of any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom is its asserted and any such waiver shall only
be applicable to the specific instance in which it relates and shall not be deemed to be a
continuing or future waiver. 21. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward
County, Florida.
22. Recordation. Upon execution and delivery, Grantor shall record this Easement in the public records of Broward County, Florida.
[SIGNATURES ON FOLLOWING PAGE]
WITNESSES: GRANTORS: ________________________ Ellis James, [Witness Signature]
________________________ By: [Witness print/type name]
________________________ Tammie James, [Witness Signature] ________________________ By:
[Witness print/type name] [Witness Signature] _________________________
[Witness print/type name] STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me, by either [ ] online notarization or [ ] physical presence, this ___ day of _______, 2025, by _______________________________, freely and voluntarily on behalf of said corporation. He is
personally known to me or has produced _____________ as identification.
Notary Public
Typed, printed or stamped name of Notary Public My Commission Expires:
STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me, by either [ ] online notarization
or [ ] physical presence, this ___ day of _______, 2025, by _______________________________, freely and voluntarily on behalf of said corporation. He is personally known to me or has produced _____________ as identification.
Notary Public Typed, printed or stamped name of Notary Public My Commission Expires:
APPROVED AS TO FORM AND ACCEPTED:
Signed: _________________________________
Printed Name: ___________________________
Title: City Attorney, City of Dania Beach