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Home My WebLink AboutR-2005-130 Stirling Industrial Park ® RESOLUTION NO. 2005-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2003-170 WHICH PERTAINS TO VACATION OF A PORTION OF A ROADWAY AS SHOWN ON THE "STIRLING INDUSTRIAL PARK PLAT", TO DELETE THE RESERVATION BY THE CITY OF A 30 FOOT GENERAL UTILITY EASEMENT ABOVE THE VACATION RIGHT- OF-WAY AREA; FURTHER, AUTHORIZING THE CITY TO ACCEPT CONVEYANCE OF THE DESCRIBED UTILITY EASEMENT BY A SEPARATE EASEMENT DEVELOPMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2003-170, adopted July 8, 2003, the City of Dania Beach, Florida vacated a portion of a roadway shown on the "Stirling Industrial Park Plat"; and WHEREAS, it is necessary to delete a 30 foot utility easement reservation retained by the City in connection with the road vacation, to satisfy Broward County road vacation requirements; and WHEREAS, the City will obtain a utility easement from the property owner to replace the reserved utility easement; NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Resolution No. 2003-170 adopted July 8, 2003 is amended so that the condition specified in Section la, i.e., "[P]reserving 30 foot general utility easement above the proposed right-of-way vacation area" is deleted. The City is authorized to accept conveyance of the 30 foot general utility easement by a separate conveyance document from the property owner. Section 2. That in all other respects, Resolution No. 2003-170, and the road right-of- way vacation mentioned in it, are ratified and confirmed. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. . Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on September 13 , 2005 ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: �.�� COMMISSIONER ANTON - YES -d COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY -YES MAYOR CASTRO - YES APPROVED AS TP FO AND CORRECTNESS BY: THOMAS J.�A S� YRO CITY ATTORNEY 2 RESOLUTION #2005-130 i CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission Ivan Pato, City Manager Larry Leeds, Community Development Director Dominic Orlando, Public Services Director Leo Williams, Public Services Superintendent FROM: Tom Ansbro, City Attorney DATE: September 6, 2005 • RE: Amendment to Stirling Industrial Park Street Vacation Resolution In July, 2003, the City granted the request of the developer of the Stirling Industrial Park to vacate a portion of a portion of a roadway shown on the development's plat, subject to retention by the City of a utility easement over the entry area. Broward County, when asked to also vacate its interest in the road, cannot do so with the existence of the utility easement condition. It is now necessary to remove the utility easement condition from the resolution which vacated the road; however, the City will accept conveyance of the utility easement by a separate easement document from the owner. City Commission approval (adoption of the amending resolution) is requested. 566.028 TJA:slw Attachment • A(2 7 2006 COUNTY ISM IL a ® By. Public Works and Transportation Department REAL PROPERTY SECTION v "� � L�.C�.A_j.b 115 S.Andrews Avenue, Room 326 • Fort Lauderdale, Florida 33301 • 954-357-6826 • FAX 954-357-6292 March 21, 2006 Clerk of the City City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: Vacation Petition 2005-V-01 Dear Clerk of City: Pursuant to your Vacating No. 2005-130 the Board of County Commissioners of Broward County has adopted Resolution No. 2006-066 on February 28, 2006 a copy of which is enclosed for your records. This completes the County's joint responsibility with the City to vacate and abandon platted public interests in accordance with FS 177.101. Thank you for your cooperation. Very trul yours, Goo cLc� S san Beaghen Administrative Manager SB:el Enclosures Br V unt eo rd o�Gotrrry Com`mss+ �ers �4Josephus Eggelletion,Jr.• Ben Graber•Sue Gunzburgeriacobs• @#ia P � o Cohn ERptlS �•m,Jr. •Jim Scott•Diana Wasserman-Rubin- Lois Wexler www.brow�r 1-crGg p e y INSTR#105895600 OR BK 41663 Pages 1559-1563 • (2005-V-01) RECORDED 03/21/06 09:17:55 BROWARD COUNTY COMMISSION DEPUTY CLERK 1012 #1,5 Pages Resolution 2006-066 WHEREAS, pursuant to a Notice of Public Hearing, duly and regularly advertised in accordance with law, a public hearing was held in the Commission Meeting Room No. 422, Broward County Governmental Center located at 115 South Andrews Avenue, Fort Lauderdale, Florida on Tuesday, February 28, 2006 at 2:00 P.M. to consider the advisability of renouncing and disclaiming all right of County and the public to and in the public portion of a Road Right-of-Way, hereafter described: Legal description attached hereto and made a part hereof as Exhibit "A°. WHEREAS, after hearing all interested parties and determining that the proposed action will not materially interfere with the County road system and will not affect the ownership of or deprive any person convenient access to his/her • premises, in accordance with the Florida Statutes (as amended from time to time) it was determined that it would be in the best interest of all concerned to renounce, disclaim, vacate and abandon any right to the County and the public to and in the following described Road Right-of-Way, lying and being in Broward County, Florida, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Broward County, Florida that: 1. Vacation. Said Board hereby renounces, disclaims, vacates and abandons any right to the County and the public to and in the following described land, situate, lying and being in Broward County, Florida: Legal description attached hereto and made a part hereof as Exhibit "A". 2. Effective Date: This Resolution shall take effect upon recordation in the public records of Broward County, Florida. ADOPTED and Effective this,,:9 day of 4e 2006.c0 I ems°4 EXHIBIT LEGAL DESCRIPTION: EXHIBIT A A portion of S.4N. 1 2th Avenue, STIRLING INDUSTRIAL PARK according to the plat thereof as recorded in Plot Book 131, Page 40, of the Public Records of Broword County, Florida, and being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4. of the Southeast 1/4 of Section 33, Townshi 50 South, Range 42 East, thence S00'23"15"W along the East line of sold Section 33 olso being the p West line of Section 34, Township 50 South, Range 42 East, for 50.01 feet to the POINT OF BEGINNING, thence continue So0'23'15"W along said West line for 584,84 feet; thence S89'36'45"E for 30.00 feet to a point on the East right—of—woy line of said S.W. 12th Avenue, thence N00'23'15"'E along said East right—of—woy line for 555.50 feet; thence N45'04'44"E along said East right—of—Troy line for 42.19 feet; thence S89'45'36"W for 59.68 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 34, Township 50 South, Range 42 East, City of Dania Beach, Broward County, Florida. — Bearings hereon are referred to an assumed value of S DO.23'15" W for the Y1est line of the Section 34-50-42. said bearing identical to plot. — Lands shown hereon were not abstracted for eosements and/or rights—of—wey of records. &is not a "Boundary Survey" but only a graphic depiction of the description n hereon. — Land shown hereon containing 17,990 square feet, or D.413 acres, more or less. — Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch # 2001 —035. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on April 25. 2003, and meets the MinirrIL m Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61 G1 7-6, Florida Administrative Code, pursuant to Section 472.027, Flor.do Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY. SKILES, INC., LB3653 `Daniel C. Fortin, For The Firm — Surveyor and Mapper, LS2853 State of Florida. 1IGHT-OF-WAY TO ABANDONED, VACATED AND DISCONTINUED FROM USE )yawn Ry DCFJR DESCRIPTION, NOTES etc CERTIFCA TION 17--7] o3o29s FORTIN, LEAVY, �KJES INC. f.Due. 2001 -035 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE O F AUTHORIZ•�TION NUMBER: 00003653 Dwg. No. 1 003_010-180"Tonheast 168t1z. Street/NorthMi�r1ii3e1rh, T.'loricla 331.5?2/24/03 2:t:� Phozie: 305-653-4493 / Fza 305-651-71.52 /.Enz�il fl>:�f7ssii-vev.corn SF.ee! 1 of r, • STATE OF FLORIDA ) SS COUNTY OF BROWARD ) I, Bertha Henry, Interim County Administrator, in and for Broward County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution 2006-066 as the-same appears of record in the minutes of a said meeting of said Board of County Commissioners held on the 281h day of February, 2006. • IN WITNESS WHEREOF I have hereunto set m hand d and official seal this 1 st day of March, 2006. u_ �Rn.!Aald1!n� a M rMR;; Bertha Henry INTERIM COUNTY ADMINISTRATOR By—VOAtj Deputy Clerk ( SEAL ) 1 SUN - SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY; FLORIDA • BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI DADE ,PEFPRE THE UNDER IGNED AUTHORITY, PERSONALLY APPEARED WHO, ON OATH SAYS THAT NOTICE OF PUBLIC HEARING HETSHE IS A ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED AND INTENI TO CONSIDER THE VACATION: DEPARTME OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED AND ABANDONMENT OF IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE UTILITY EASEMENT ATTACHED COPY OF ADVERTISEMENT, BEING A: Notice is hereti 'y given' by the Board of County Commissioners, Broward NOTICE OF PUBLIC HEARING county, Florida, that said Board will hold a public hearing at 2:00 P.M., IN THE MATTER OF: Tuesday, February 28, 2006 in the County Com- mission Meeting Room 2005-V-01 (Room 422), Governmen- tal Center, 115 South An- drews Avenue, Fort Lau- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE sider t Florida, to acid sider the vacation and ISSUES OF: abandonment of a Road Right-of-Way, the sub- stance of which is as fol- 1/31 12697081 lows:This property,being a 30.00 foot wide strip of land,is located in Section 34, Township 50 South, AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Range 42 East and is por- PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, tion of Stirling Industrial AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY Park,raccording f c as i recorded in PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Plat Book the Public Rec Rec Pageords of e of Bro- • EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE ward County, Florida, ly- POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, county, bei of ng i Broward Dania FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF Beach,Florida.The full le- dription is ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT le- gal fors Inspection atathe HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR Broward County Govern- CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE An drtewCenter,ue S Room PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID F o, Fort Lauderdale, loida. Dated this 24th NEWSPAPER. day of January, A.D., 2006. _CZt� If due a disability, c� J ! you require auxiliary aids, Z ATU E OF AFFIANT) accornmodations, or al- ternative formats of mate- rials to participate in a Public hearing or meeting, SWORN TO AND SUBSCRIBED BEFORE ME please contact Susan ON: 31-January 2006 , A.D. Beaghen, Real Property ry ? Section,at(954)357-6974 or the Broward county Call Center TDD Line at / /n/ �✓.7 (954) 370-3745. Please make accommodation re- quests at least three clays N TARY PUBLI in advance. pv P January 31,2006 2�~P `'gn Idella M Johnso►1 * . Commission#DD326508 Q"� �Bo ewp�Ye��J� a o-K6 $as;ols (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN ✓ OR PRODUCED IDENTIFICATION o , SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI DADE RE THE UNDER IGNED AU7ORITY, PERSONALLY APPEARED WHO, ON OATH, SAYS THAT NEARING NOTICE /SHE IS A IDULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED No VIC:E OF ADOPTION Or- RE-SOI-UTION VACATING, DEPARTME OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED ABANDONING AND IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ROCI USING PDI -W AD RIGIiT-DI��-WAl' ATTACHED COPY OF ADVERTISEMENT, BEING A: (2005-v-01) To Whorl It may con- cern*You may take notice HEARING NOTICE that pursuant to chapter 117.101 Florida Statutes, the Board of county Com- missioners of Broward IN THE MATTER OF: county, Florida, held aj Public Hearing at 2:00 P i 2005-V-01 m oil February 28,2006 ail the. Biowaid County Gov-, ernmental Center, Room) 422, 115 South Andrews IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE Avenue, Fort Lauderdale ,I ISSUES OF: Florida and did adopt a resolution to vacate and abandon a Road Right-of- way, the substance of, which is as follows: This property is located in sec-! tioll AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER South 34ange 4'2.(IEaslt,and PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Is lal park,aStilling corlii ng to AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY the plat thereof, as re- PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, corded in Pat Book 1's Page 40, of the Public • EACH DAY,AND HAS BEEN ENTERED-AS SECOND CLASS MATTER AT THE Records of Broward County, Florida:lying and POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, being!it Bioward county, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF City of Dania Beach,Flori- dlel ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT ion lis�avai able dfor r0 HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR spection atGtheemmeiad Coun[y CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE center, Room 326, 115; PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID south Andrews Avenue, , For Lauderdale,Flunda. PAPER. march 7.2006 I ` (SrONATUR9 OF AFFIANT) SWORN TO AND SUBSCRIBED BEFORE ME ON: 07-March-2006 , A.D. (SIGNATURE OF NOTARY PUBLIC) Tara L. Bezak ;2q Commission#DD428648 Expires July 20, 2009 •• i'+` eongaq Troy Fein•In+urenEe,Ino.800-385.7019 (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION f`,