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HomeMy WebLinkAboutR-2020-128 Waves at Dania Beach Plat (PL-162-19) NV Marina Holdings and RJ Marina HoldingsRESOLUTION NO.2020-128 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PLAT ENTITLED "WAVES AT DANIA BEACH" (PL-162-19), SUBMITTED BY DENI LAND SURVEYORS, INC., ON BEHALF OF NV MARINA HOLDINGS, LLC, AND RJ MARINA HOLDINGS, LLC, ("APPLICANT") FOR THE PROPERTY LOCATED AT 50 AND 70 S. BRYAN ROAD, DANIA BEACH, FLORIDA; THE LEGAL DESCRIPTION IS CONTAINED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28 "Land Development Code" (the "LDC"), Part 6 "Development Review Procedures and Requirements," Article 640 "Plats," of the City of Dania Beach, (the "City") Code of Ordinances ("City Code"), Deni Land Surveyors, Inc., on behalf of RV Marina Holdings LLC and RJ Marina Holdings LLC (collectively, the "Applicant") has applied to the City for approval of a Plat (PL-162-19) entitled "WAVES AT DANIA BEACH", attached as Exhibit `B," for the property bearing the legal description contained in Exhibit "A"; and WHEREAS, on November 27, 2019 and August 27, 2020, the City's Development Review Committee (the "DRC"), which includes representatives from the Broward Sheriffs Office, Broward Fire Department, Public Services Department, the City's landscape consultant and the Planning Division staff, reviewed the WAVES AT DANIA BEACH plat for compliance with all applicable regulations; and WHEREAS, staff recommends approval of the Plat (PL-162-19); and WHEREAS, the City Commission conducted a duly noticed public hearing on October 13, 2020, in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that the Plat (PL-162-19) request is consistent with the LDC and Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED 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 Resolution. Section 2. That this certain application for the "WAVES AT DANIA BEACH" plat (PL-162-19), a copy of which is attached as Exhibit `B," is approved with the no outstanding conditions. Section 3. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 12, 2021. ATTEST: ol THOMAS S HNEIDER, CMC CITY CLERK , 1SHE� APPROVED AS TO FORM AND CORRECTNESS: THOMAS J: AN R CITY ATTORN TAMARA JAM MAYOR 2 RESOLUTION #2020-128 EXHIBIT A LEGAL DESCRIPTION The South one-half of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of the Southeast one -quarter (SE '/4) of the Southeast one -quarter (SE '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, LESS all that portion lying Easterly lying Easterly of the following specifically described line: Commencing at the NE corner of the SE 1/4 of Section 33, Township 50 South, Range 42 East, bear South 87 degrees 26 minutes 41 seconds West, along the North line of said SE '/4 (centerline of NW 2nd Street) a distance of 1111.05 feet; thence South 0 degrees 42 minutes 30 seconds East, a distance of 1674.9 feet, more or less, to the intersection thereof with the North line of the SW 1/4 of the NW '/4 of the SE 1/4 of the SE '/4 of said Section; thence North 87 degrees 31 minutes 28 seconds East, along said North line, a distance of 35.02 feet; thence South 0 degrees 42 minutes 30 seconds East, a distance of 150.0 feet; thence South 89 degrees 17 minutes 30 seconds West, a distance of 14.50 feet; thence South 2 degrees 54 minutes 17 seconds West to an intersection thereof with the North line of the S % of the SW 1/4 of the NW 1/4 of the SE 1/4 of the SE 1/4 and the POINT OF BEGINNING; thence continue South 2 degrees 54 minutes 17 seconds West, a distance of 118 feet from the last point of deflection; thence North 87 degrees 05 minutes 43 seconds West, a distance of 20.0 feet; thence South 2 degrees 54 minutes 17 seconds West, a distance of 70 feet, more or less, to the intersection thereof with the South line of the SW 1/4 of the NW 1/4 of the SE 1/4 of the SE 1/4 of said Section and the end of the specifically described line. Also less the West 30.0 feet of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE '/4) of the Southeast Quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East. Also LESS all that portion of the South 10.0 feet of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East, lying West of Central and Southern Florida Flood Control District Canal C-10 right of way. U U M, The North one-half (N %2) of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of the Southeast one -quarter (SE 1/4) of the Southeast one -quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, LESS all that portion lying Easterly of the following specifically described line: Commencing at the NE corner of the SE 1/4 of Section 33, Township 50 South, Range 42 East, bear South 87 degrees 26 minutes 41 seconds West, along the North line of said SE 1/4 (centerline of NW 2nd Street) a distance of 1111.05 feet; thence South 0 degrees 42 minutes 30 seconds East, 3 RESOLUTION #2020-128 a distance of 1674.9 feet, more or less, to the intersection thereof with the North line of the SW 1/4 of the NW 1/4 of the SE 1/4 of the SE 1/4 of said Section; thence North 87 degrees 31 minutes 28 seconds East, along said North line, a distance of 35.02 feet; thence South 0 degrees 42 minutes 30 seconds East, a distance of 150.0 feet; thence South 89 degrees 17 minutes 30 seconds West, a distance of 14.50 feet; thence South 2 degrees 54 minutes 17 seconds West to the intersection thereof with the South line of the North %2 of the SW 1/4 of the NW 1/4 of the SE 1/4 of the SE 1/4 of said Section and the end the specifically described line. Also less the West 30.0 feet of the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East. OM All that portion of the South 10.0 feet of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East, lying West of Central and Southern Florida Flood Control District Canal C-10 right of way. TOGETHER WITH A portion of the Southeast one -quarter (SE 1/4)_ of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the NE corner of the SE 1/4 of Section 33, Township 50 South, Range 42 East; thence South 87A26'41" West (basis of bearings) along the North line of said SE 1/4 (centerline of NW 2nd Street) a distance of I111.05 feet; thence South 00^50'21" East, a distance of 1677.24 feet to the intersection thereof, with the North line of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section; thence North 87A23'42" East, along said North line, a distance of 35.02 feet to the POINT OF BEGINNING; thence continue North 87A23'42" East, a distance of 28.82 feet; thence South 01^58'30" East, a distance of 201.92 feet; thence South 15Al 1'27" West, a distance of 92.10 feet; thence South 04A24'06" West, a distance of 35.50 feet; thence South 87A25'33" West, a distance of 49.86 feet to a point on the existing Westerly right of way line of the Central and Southern Florida Flood Canal C-10 Canal right of way; thence North 02A46'39" East along the aforementioned Westerly right of way line, a distance of 59.99 feet; thence South 87A13'21" East along the aforementioned right of way line, a distance of 20.00 feet; thence North 02A46'39" East along the aforementioned right of way line, a distance of 118.00 feet; thence North 89^09'52" East along the aforementioned right of way line, a distance of 14.50 feet; thence North 00^50'08" West along the aforementioned right of way line, a distance of 150.00 feet to the POINT OF BEGINNING. 4 RESOLUTION #2020-128 TOGETHER WITH: Parcel A, CLARKE SUBDIVISION, according to the plat thereof, as recorded in Plat Book 101, Page 32 of the Public Records of Broward County, Florida. TOGETHER WITH: A parcel of land being located in the Southeast one -quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East, being more particularly described as follows: Commence at the Southeast (SE) corner of said Section 33; thence North 01^17'46" West along the East line of said Section 33 for a distance of 1,340.78 feet; thence South 87A30'33" West for a distance of 1,118.51 feet to the Northeast (NE) corner of parcel of land described on Official Records Book 8775, Page 400 of the Public Records of Broward County, Florida; thence South 01^26'53" East along the East line of said parcel for a distance of 50.01 feet to the POINT OF BEGINNING; thence continue along the aforementioned line for a distance of 25.00 feet to the Southeast (SE) corner of said parcel (said point also being the Northeast corner of Parcel A of CLARKE SUBDIVISION, as recorded in Plat Book 101, Page 32 of the Public Records of Broward County, Florida; thence South 87A30'33" West along the South line of the aforementioned parcel (said line also being the North line of said CLARKE SUBDIVISION PLAT) for a distance of 186.10 feet to the Northwest corner of Parcel A of said plat; thence North 42^30'48" East, a distance of 35.36 feet; thence North 87^30'33" East along a line 25 feet North of and parallel with the North line of said CLARKE SUBDIVISION a distance of 161.55 feet to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida. 5 RESOLUTION #2020-128 EXHIBIT B See attached Plat RESOLUTION #2020-128 zf �lj I El MR Cu Vjlj� - ------ P41:E ------ ll� ,.,F -.-.'-!F �i-L AS T --q�,Ifr rDAjjTE,-, 551 SDL�T.;. Pa-';!;F J2 ES:. I.N'b A PGLA -- jF E PAPf'TL 4 �'L 4 q KE :SON WE Gn 51 da nw. sm 0'- Wl if, LZ too 7--4 ON low— J — Sill V _]Si.-:"twc WINA OL I -_ I I ON. t., ­,­ ­1­1.1 fl,p F­­-, ­ 9wwqrdffim Al i 0.t; 5- _',0 -E-7 4 L: c rr C C -F-CP, P-111,' r"'. 12 Ell, SE Z­' 1­: C­P r I—— .7c E" I f­ t:' T­ ol lo 11 -oGr- R CO-L 'y u cc-- Gr arc ­.z ---------------- 41-1-1-m; ----- ----------------------- ------ 7VIC 17 2'15Cr I '- I T f 1 -. -, V.V I �_ � 15 N ---- ------------------------------- �7 ll T'? - --- ------ -- : P_-',- E-K` - - ------ PH 5H=,, I .P.[_CYj,�1 L I h,fjtiumr DM 11 S P A HP FEScDE )L�,] H[ I 121-m I T-_ r. 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