HomeMy WebLinkAboutO-2020-016 Saratoga Crossings III (David Optekar) Vacation of Easement (VC-064-20)ORDINANCE NO. 2020-016
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA APPROVING AN APPLICATION TO VACATE AN
EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 12185, PAGE 710
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA
("EASEMENT"), (VC-064-20) SUBMITTED BY HSQ GROUP, INC. ON
BEHALF OF THE PROPERTY OWNER, DAVID OPTEKAR, WHICH
EASEMENT WAS GRANTED TO THE CITY OF DANIA BEACH FOR
ROAD AND OTHER RELATED PURPOSES AND GENERALLY LOCATED
SOUTH OF WEST DANIA BEACH BOULEVARD WEST OF SW 8 TH
AVENUE, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS
LEGALLY DESCRIBED IN EXHIBIT A, A COPY OF WHICH IS ATTACHED
TO THIS ORDINANCE; 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 Code of Ordinances (the "City Code"), HSQ
Group, Inc., on behalf of the property owner, David Optekar, (the "Applicant"), has applied to
the City of Dania Beach (the "City") for approval to vacate the Easement (VC-064-20)
attached as Exhibit "A;" and
WHEREAS, staff recommended approval of the proposed vacation of the Easement in
its report dated October 27, 2020; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on October 21, 2020 and recommended approval of the
proposed vacation of the Easement; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with Article 6 10 of the LDC; and
WHEREAS, the City Commission finds that granting the requested vacation of
Easement 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 the Easement is no longer needed as a road
or other public purposes, and that it is in the best interest of the City to grant the request to vacate
the Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That 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. That pursuant to_Chapter 28, entitled "Land Development Code," Part 6,
entitled "Development Review Procedures and Requirements," Article 655, "Vacations of Right -
Of -Way," of the City Code, the requested Easement (VC-064-20), as shown on the attached
Exhibit "A," is approved.
Section 3. That the associated Planning & Zoning Division Staff Report prepared for
application VC-064-20 is hereby incorporated into this resolution as findings of fact.
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. That 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. That this Ordinance shall be in force and take effective immediately
upon its passage and adoption.
PASSED on first reading on October 27, 2020.
PASSED AND ADOPTED on second reading on November 10, 2020.
ATTEST:
ry
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
ISH
APPROVED AS TOF AND CORRE SS:
THOMAS'J. S 0
CITY ATT41EY
2 ORDINANCE #2020-016
EXHIBIT A
EASEMENT
TO BE VACATED
ORDINANCE #2020-016
(;oad/corporate)
I
EXHIBIT A
;-WQ 0
84-4182Z4
EASEMENT DEED
ocrar�. a 4s2L.
,pmfilcorporation, Grantor,
for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable considerations paid by Grantee, the receipt where-
of is hereby acknowledged, does hereby grant unto the CITY OF DANIA,
FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, Grantee, and its successors and assigns,
an Easement for road and other related purposes, upon, over, and
across the following described land, situate, lying and being in
Broward County, Florida, to wit:
The West 10 feet of the North 253.61 feet of Block 2, "HENRY PARK"P'O'
according to the Plat thereof as recorded in Plat Book 24, page 27,,,
of the public records of Broward county, Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to
he executed in its name and its corporate seal to be affixed by its
proper officer thereunto duly authorized this q day of
19 Yy -
VICTORY VILLAS, INC.
By( u
uL ARDWAft 110RIDA
F. T. JOHNSON
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before r�e' an 6.tUaIr dpry
authorized in the State and County aforesaid to take acknoi�rdldgemenMs,
personally appeared
well known to me to be the
Of the corporation named as Urantor in the foregoing deea and that e
acknowledged execucing the same in the presence of two subscribing wit-
nesses freely and voluntarily under authority duly vested in h by
said corporation and that the seal affixed thereto is the true corporate
seal of said corporation.
WIT14ESS aty hand and official seal in the County and State last
aforesaid this -1p,0 day of Noverlikx-, 19
Notirry FUbLIC
My Commission Expires: (Seal]
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