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Home My WebLink AboutO-2021-016 800 Old Griffin, LLC Vacation of ROW (VC-10-21)ORDINANCE NO. 2021-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-10-21) SUBMITTED BY LAWRENCE KRAMER, ON BEHALF OF THE PROPERTY OWNER, 800 OLD GRIFFIN, LLC., FOR THE PROPERTY GENERALLY LOCATED BETWEEN BLOCK 3 AND BLOCK 2 TO THE IMMEDIATE NORTH AND SOUTH, RESPECTIVELY, AND BETWEEN THE INTERSECTION OF NORTHWEST 9TH AND 8 TH AVENUES TO THE IMMEDIATE WEST AND EAST, RESPECTIVELY, WHICH RIGHT OF WAY IS CONTAINED WITHIN THE PLAT OF DANIA MANOR, RECORDED IN PLAT BOOK 10, PAGE 53, OF THE PUBLIC RECORDS BOOK FOR BROWARD COUNTY, WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS "NORTHWEST 3RD PLACE," AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, WHICH RIGHT OF WAY IS 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"), Lawrence Kramer, on behalf of the property owner, 800 Old Griffin, LLC (the "Applicant"), has applied to the City of Dania Beach (the "City") for approval to Vacate the Right -of -Way (VC- 10-2 1), known as "NW 3 d Place" (the legal description for the right of way is attached to this Ordinance as Exhibit A); and WHEREAS, the proposed vacation is identified in Exhibit B, which is attached and incorporated into this Ordinance; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on April 21, 2021 and recommended approval of the proposed right of way vacation; and WHEREAS, staff recommended approval of the proposed right of way vacation in its staff report to the City Commission dated April 27, 2021; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with Article 610 of the LDC; and 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 3 d Place 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," Part 6, entitled "Development Review Procedures and Requirements," Article 655, "Vacations of Right -Of - Way," of the City Code, the requested right of way Vacation (VC-10-21), as delineated on the attached Exhibit "A," is approved with the following condition: Provide the City with a copy of the recorded easement along the abandoned right of way area, which easement shall provide the City perpetual access to the easement area in order to maintain the City's water line. Said easement shall be executed and recorded prior to the issuance of any building permit. The legal description for the easement area to be dedicated to the City shall be for the area identified in Exhibit B. Section 3. 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 4. 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 5. This Ordinance shall be in force and take effective immediately upon its passage and adoption. PASSED on first reading on April 27, 2021. PASSED AND ADOPTED on second reading on May 11, 2021. 2 ORDINANCE #2021-016 ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK T 01. Al f I P-.. 0 �jl APPROVED AS TO FORM AND CORRECTNESS: (F i IA -A, THdMASJ SBRO CITY ATTIRNEY YOR E JAMES ORDINANCE 42021-016 EXHIBIT A LEGAL DESCRIPTION All that portion of the 30'Right-Of-Way of Northwest 3 d Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, DANIA MANOR, according to the Plat thereof recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. 4 ORDINANCE #2021-016 EXHIBIT B UTILITY EASEMENT ORDINANCE #2021-016 SHEET I OF 2 EXHIBIT'A' UTILITY EASEMENT PORTION OF BLOCK 2 DANIA MANOR PLAT BOOK 10, PAGE 53 LL Park Safe 1 800 Old Griffin Road C > M NV14 Alk"' S1 LEGAL DESCRIPTION: THE NORTH 7.5 FEET OF THE FOLLOWING DESCRIBED PARcELOF LAND: ary Holiday Inn Expre's ALL OF LOTS 1 THROUGH 24, INCLUSIVE, BLOCK 2, DANIA MANOR, ACCORDING TO Suites Fort Lauderda THE CORRECTED PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 53, IN THE NW Zr%d St PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.. ITARCEL G - ORB 39194, PAGE 1075) TOGETHER WITH THE SOUTH 7.5'OF THE ABANDONED RIGHT OF WAY OF NW 3RD PLACE, A 30 FEET WIDE RIGHT OF WA Y AS SHO WN ON THE PLA T OF DANIA MANOR, VICINITY SKETCH RECORDED IN PLAT BOOK 10, PAGE 58, BOUNDED ON THE WEST BY THE NORTHERLY NOT TO SCALE EXTENSION OF THE WEST LINE OF SAID BLOCK 21 AND ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK 2. SURVEYORS'NOTES: 1. 1 HEREBY CERTIFY THIS SURVEY MEETS STANDARDS OF PRACTICE SET FORTH IN RULE 5.1-17,050,052, OF THE FLORIDA ADMINISTRATIVE CODE, ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES. 2. THE SURVEYMAP AND REPORTAND THE COPIES THEREOFARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR VERIFIED ELECTRONIC SIGNATURE OFA FLORIDA LICENSED SURVEYOR AND MAPPER. 3. THIS FIRMS CERTIFICATE OF AUTHORIZATION NUMBER IS LB 8261. 4. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 5. TITLE REVIEW. A REVIEW OF THE COMMITMENT FOR TITLE INSURANCE BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NUMBER 891857, DATED JUNE 1, 2020 @ 11:00 PM, WAS PERFORMED BY THIS OFFICE. ALL SCHEDULE B-11 EXCEPTIONS AFFECTING THE SUBJECT PROPERTYARE DEPICTED. 6. THIS SKETCH REFLECTS A BOUNDARY SURVEY PREPARED BY THIS OFFICE LAST REVISION DATED 01-12-21, JOB NUMBER S16080720 02-15-21 DA TE AND MAPPER .7211 PRINCIPAL MERIDIAN SURVEYINGINC. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764 / FAX 561.478.1094 WWW.PMSURVEYING.NET SHEET 2 OF 2 PARCEL "H" NX 3rd PLACE - - - - - - - 7 69`4 1-7 Q'T 300-OT 15.0' 15'UTILITY EASEMENT LJL FLORIDA POWER AND LIGHT COMPANY EASEMENT (ORB 39194, PAGE 1083) I PARCEL "G" (BLOCK 2) N 89'41 NX 3rd TERRACE TgT-TED W RIGHT-OF-WAY P"CIPAl- KIM Pmsl i; 11IMms Mr.moDIAN SURVEYING INC. 4546 CAMBRIDGE STREET WEST PALM BEACH, FL 33415 PHONE 833.478.7764 / FAX 561.478.1094 WWW.PMSURVEYING.NET 3707 N.I 5-ri C, C4 110 LU 2), 0 (G) = GRID (P) = PLAT GRAPHIC SCALE 50 0 25 50 I INCH= &FT. JOB#S16080720 Z cl)