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HomeMy WebLinkAboutR-2003-225 acceptance of easement dania distribution RESOLUTION NO. 2003 - 225 O RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE GRANTING OF EASEMENTS FROM DANIA DISTRIBUTION CENTRE, LTD., A FLORIDA LIMITED PARTNERSHIP FOR PROPERTY LOCATED BETWEEN WEST DANIA BEACH BOULEVARD AND SW 1ST STREET AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 26, 2002, the Dania Beach City Commission approved the Dania Distribution Center site plan for this site, with no access to Dania Beach Boulevard; and WHEREAS, On July 8, 2003 the City Commission approved the vacation of the existing 30' road right-of-way (SW 12th Avenue Extended) along the east side of the plat which was previously granted by the Stirling Industrial Park Plat (Plat Book 131, Page ® 49 BCR); WHEREAS, Craven Thompson & Associates, Inc., on behalf of Dania Distribution Centre, Ltd., wishes to dedicate a right turn lane and corner chord for the property located between West Dania Beach Boulevard.and SW 1st Street; WHEREAS, Broward County will not record the "Dania Distribution Centre Plat" until the City of Dania Beach accepts the granting of the easements for the turn lane and corner chord. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach Florida accepts the granting of the roadway easements for the turn lane and corner chord for the 1 RESOLUTION NO. 2003-225 property located between West Dania Beach Boulevard and SW 1st Street which are described as attached and made a part of this Resolution as Exhibit "A" (8 pages). Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, 2003. OB ANTON MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES COMMISSIONER FLURY - YES COMMISSIONER MIKES — OUT OF ROOM CHARLENE JOH S N VICE-MAYOR MCELYEA- YES CITY CLERK MAYOR ANTON - YES APPROVED AS TO ORM AND CORRECTNESS: BY: I THbmA)8 ^KSBRO CITY ATTORNEY 2 RESOLUTION NO. 2003-225 U o t-t5) EXHIBIT A This Instrument Prepared by: Record and Return to: Robin I. Wiliner,Esq. ROTH.R0USS0&DARRACH,P.A. 3440 Hollywood Blvd.,0360 Hollywood„Florida 33021 Telephone(954)3224280 Fax:(954)3224282 EASEMENT The undersigned, Dania Dist ib tion Centre, LTD.,a Florida limited partnership (hereinafter referred to as the "Grantor")on this dayof June, dollars(S 10.00) and other good and v luab a consideration, the adequacy and r03, in consideration ofeceipt of whichayment ofisn hereby acknowledged, grants and gives to the City of Dania Beach (hereinafter referred to as the "Grantee"), its licensees, successors and assigns the right and privilege to a corner chord based on a 30 degree radius at the intersection of Dania Beach Boulevard and S.W. 12t° Avenue, in the easement property more particularly described within EXHIBIT"A"attached hereto and made a part hereof. In witness whereof, the undersigned party has signed this instrument on this June, 2003. a� day of Signed, sealed and delivered in the presence of DANIA DISTRIBUTION CENTRE, LTD., 4& a Florida limited partnership Witness �--= By: DANIA DISTRIB TION CENTRE, Robin 1.Wiiiiner INC., a Florida core tion Its General Partne Wrtness.T.n, /..� By: Mark . Rousso, Vice President State of Florida County of Broward The foregoing instrument was executed before me this 67� day of June,2003 by Rousso, as Vice President of Dania Distribution Centre, Inc., a Florida corporation,the General E Partner of Dania Distribution Centre, Ltd., a Florida Limited Partnership, on behalf of the Partnership,who is personally known to me. My Commission Expires: ��•���IJ��L Notary Public Signature State of Florida L 1fRl1AlER MY COMMISSION a DO 045V r EXPIRES:kOMW 20,W �« eaftd rft`e"Na unOtiw M l01 o t b) FLEGALSCRIPTION: EXHI IT A IMEOF THE NORTHEAST ONE—QUARTER (NE 1/4) OF THE SOUTHEAST ONE—QUARTER (SE 1/4) OF THE ONE—QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 50 SOUTH, 1 ROWARD COUNTY, FLORIDA. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEY D EAST, CENTR LANDS SOUTHERN FLORIDA FLOOD CONTROL DISTRICT BY DEED RECORDED IN OFFICIAL RECORDS BOOK 1246, AT PAGE 220, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. AND LESS 50.00 FEET ALONG THE NORTHERN BOUNDARY OF THE SUBJECT REAL PROPERTY PURSUANT TO AN ORDER OF TAKING BY THE CITY OF DANIA, FLORIDA. UNDER CASE NO. 85000707 IN THE CIRCUIT COURT IN AND FOR BROWARD 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, TOWNSHIP 50 SOUTH, RANGE 42 EAST, THENCE S00'23'l51N ALONG THE EAST LINE OF SAID SECTION 33. TOWNSHIP 50 SOUTH, RANGE 42 EAST, FOR 62.01 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOO'23'15"W ALONG SAID EAST LINE FOR 30.64 FEET; THENCE N45'12'56"W FOR 42.87 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE PER ORDER OF TAKING CASE NO. 85000707; THENCE N89'10'52'E ALONG A LINE PARALLEL WITH AND 62.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF THE SE 1/4 OF THE SE 1/4, FOR 30.64 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 33, Township 50 South, Range 42 East, City of Dania Beach, Broword County, Florida. Bearings hereon are referred to an assumed value of S 00'23'15 W for the East line of the SE 1/4, SE 1/4 of Section 33-50-42. said bearing identical to plat. Lands shown hereon were not abstracted for easements and/or rights—of—woy of records. This is not o "Boundary Survey" but only a graphic depiction of the description shown hereon. —eds shown hereon containing 469 square feet, or 0.011 acres, more or less. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch 1 2001-035. SURVEYOR'S CERTIFICATION: 1 hereby certify that this "Sketch of Description" was made under my responsible charge on June 9, 2003, and meets the Minimum Technical Standards as set forth by the Florida Board of Professionol Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027. Florida Statutes. "Not valid without a signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LE KILES, INC., LB3653 y pp , By: -- - --- -- aniel C. Fortin, For The m — Surveyor-ond Mapper, LS2853 State of Florida. Drawn By DCFJR DESCRIPTIONS & CERTIFCA T/ON Die 6/9/03 cad.No. 030295 Ref. OR 1 11�f, bg LEA , KILES, INC. Scale N/A Dwg. 2001-035 CONSULTING ENGINEERS, SURVEYORS do MAPPERS Job.No. 030928 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dw .No. 180 Northeast 168th. Street/North Miami Beach, Florida. 33162 8 10D3-01 D-4 Plotted: FLORIDA 10:56a Phone: 305-653-4493/Fax 305-651-7152/Email fls flssurvey.com Sheet 1 of 3 (3 cf 8 EXHIBIT A 0 ; i i �a Boa IGERTAIL BLVD.VPI i j SITE 0Qh- ®s o c ��®® I � �� dj cr w I �� j I STIRLING ROAD L®C:ATS®N SKF—TCH SCALE: 1" s 500' Drawn BY Cad No OCFJR LOCH TI®N mAp Date .wg 030295 j 6/9/03 Raf.D , F®RTI1�T, JLEAVY, S KILES, INC. Scale 1" - 500' 2001-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS lob.No. 030925 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1003-010-4 otuaed: t3 180 Northeast 168th. Street/North Miami Beach,Florida.33162 lQJOJ 1Q:58a Phone: 305-633-4493/Fax 305-651-7152/Email tls flssurvey.com Shaet 2 of 3 two-� e � POINT OF COMMENCEMENT NE CORNER OF SE 1/4. SE 1/4 EXHIBIT A TWCEST SECTION 33-50-42_ /DANIA TEACHBOULEVARD62_01����r�HT�F WAY — — — — — — — — R ER TAXING NORTH LINE OF SE 1/4. SE 1/4, CASE No. 85000707 SECTION 33-50-42 g $ sOUTH R/W LINE OF N89°10'S2"E R 01 WEST pANIA EACH 80ULEVARD� - _- - POINT OF BEGINNING N45012'56"W S00°23'15"W 42."' 30.64' EAST LINE OF NE 1/4. SE 1/4. 001 SE 1/4 SECTION 33-50-42 R/W I I GRAPHIC SCALE IWc�I 0 30 In 200 I�U Zmj ,gyp Wv 1 loch 100 It �1�+, I'Wo I Ir ® I al STIRLING INDUSTRIAL PARK ��p �� PLAT BOOK 131 PAGE 40, B.C.R. �� �Nol �rml I � LEGEND #(SAP �aI R/W u RIGHT-OF-WAY B.C.R. . ORCOARO COUNTY RECORDS VtWEST LINE OF SECTION 34-50-42 I 1 30.00' - SOUTH LINE OF NE 1/4. SE 1/4, SE 8 S-W. 1 St- STREET - to SECTION 33-50-42 In 25'ALLEYPER PLAT 900M 44 PACE 0 Drawn By OCFJR Cad No S6CETCH OF DESCRIPTION Dare 6/9/03 . 030295 Ref.Dwg, g OR TIN,IN, L AVY, S YJLES, INC. Scale 1" � 100' 2001-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS job.No. 030929 FLORMA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No- 1003-010-4 )IOC 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 9/9/03 10:56o phone:305-653-4493/Fax 305-651-7152/Email fls tlssurve .corn Sheet 3 of 3 l J 0 EXHIBIT A This Instrument Prepared by Record and Return to: Robin 1.Willner,Esq. ROTH,ROUSSO&DARRACH,P.A. 3440 Hollywood Blvd.,0360 Hollywood„Florida 33021 Telephone(954)322.4280 Fax:(954)322-4282 RIGII-T-OF-WAY EASEMENT The undersigned, Dania Distrib tion Centre,LTD.,a Florida limited partnership (hereinafter referred to as the"Grantor")on this day of June, 2003, in consideration of the payment of ten dollars (S 10.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged,grants and gives to the City of Dania Beach(hereinafter referred to as the "Grantee"), its licensees, successors and assigns the right and privilege to a right-of-way for the eastbound right turn lane on Dania Beach Boulevard, in the easement property more particularly described within EXHIBIT"A"attached hereto and made a part hereof. In witness whereof, the undersigned party has signed this instrument on this day of June, 2003. Signed, sealed and delivered in the presence of DANIA DISTRIBUTION CENTRE, LTD., ® V'�,���� a Florida limited partnership Witness By: DANIA DISTRIBU ION CENTRE, Robin i. VVillner INC., a Florida corpo on Its General Partner By: Witn ss1rS .,.t/r Mark E.Rousso, Vice President State of Florida County of Broward The foregoing instrument was executed before me thid l day of June,2003 by Mark E. Rousso, as Vice-President of Dania Distribution Centre, Inc., a Florida corporation,the General Partner of Dania Distribution Centre, Ltd., a Florida Limited Partnership, on behalf of the partnership, who is personally known to me. My Commission Expires: V�V-/ O'l, otary Public Signature State of Florida OICU I,W1u a 41V C("MMISSIQN 0 M 045004 l i _vt!FES,November 262006 f ';;;,,• i.:veu hvu rromry Nod , EXHIBIT A F SCRIPTION:OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHEAST ONE-OUARTER (SE 1/4) OF THE UHEASTONE-OUARTER (SE 1/4) OF SECTION 33. TOWNSHIP 50 SOUTH, RANGE 42 EAST; SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT BY DEED RECORDED IN OFFICIAL RECORDS BOOK 1246. AT PACE 220, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. AND LESS 50.00 FEET ALONG THE NORTHERN BOUNDARY OF THE SUBJECT REAL PROPERTY PURSUANT TO AN ORDER OF TAKING BY THE CITY OF DANIA. FLORIDA. UNDER CASE NO. 85000707 IN THE CIRCUIT COURT IN AND FOR BROWARD 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, TOWNSHIP 50 SOUTH, RANGE 42 EAST, THENCE S00'23'15"W ALONG THE EAST LINE OF SAID SECTION 33. TOWNSHIP 50 SOUTH, RANGE 42 EAST, FOR 50.01 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE S00'23'15'W ALONG SAID EAST LINE FOR 12.00 FEET; THENCE S89'10'52*W ALONG A LINE PARALLEL WITH AND 62.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF THE SE 1/4 OF THE SE 1/4 FOR 199.75 FEET; THENCE N83'58'34"W FOR 100.72 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST DANIA BEACH BOULEVARD PER SAID ORDER OF TAKING CASE NO. 85000707; THENCE N89'10'52"E ALONG SAID SOUTH RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF THE SE 1/4 OF THE SE 1/4 FOR 300.00 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: - This site lies in Section 33, Township 50 South, Range 42 East, City of Dania Beach, Broward County, Florida. - Bearings hereon are referred to on assumed value of S 00'23'15" W for the East line of the SE 1/4, SE 1/4 of Section 33-50-42. said bearing identical to plot. - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -0 is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. Lands shown hereon containing 2,998 square feet. or 0.069 acres, more or less. - Dimensions shown hereon are based on Fortin, Leavy, Sk;Ies, sketch # 2001-035. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on June 9. 2003. and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 611317-6, Florida Administrative Code, pursuant to Section 472.027. Florida Statutes. P r "Not valid without the signature and the original raised seal of o Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 By: 40oniel-C. - -- -------- Fortin, For The irm Surveyor and Mapper, LS2853 ? State of Florida. RIGHT-OF-WAY FOR EASTBOUND TURN LANE Drawn Draw.y DCFJR DESCRIPTION! MOTES & CERTIFCATIOIII. Date 6/9/03 cad.No. 030295 Ref. FORT iN. LEAV i y 6 KILE S, INC.7CScale N/A 2001-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS job.No. 030928 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. 1003-010-3 Plotted 6 180 Northeast 168th. Street/North Miami Beach.Florida. 33162 /9/03 10.56a phone: 305-653-4493/Fax 305-651-7152/Email ns tlssurve .com Sheet 4 of 3 EXHIBIT A Q a � a W a , . i V IGERTAIL BLVD. i � �• I I� SI �, E W Lu 1+ ON i f STIRLING ROAD LC:)CA—riC:)N SKETCH SCALE: 1 " 500' N Draws By c DCFJR LOCATION! MAP Date 6/9/03 o3o29s F ORT'II�T, LEA , S LES, INC. S`�e ," � soo• Ref.DVX 200t-035 CONSULTING ENGINEERS, SURVEYORS &MAPPERS Job'NO. 030928 FLORMA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg.No. ,003-010- �1ctted: 6 180 Northeast 168th. Strect/North Miami Beach,Florida.33162 703 10:56o phone:305-653-4493/Fax 305-651-7152/Email fls flssurve .com Sheet 2 of 3 POINT OF COMMENCEMENT NE CORNER OF SE 1/4. SE 1/4 EXHIBIT A SECTION 33-50-42 _ S00'23'15'w EST' DANIA BEACH BOULEVARD 5_01 NZ,��'F%VT OF WAYOF TAK N NORTH LINE OF sE 1 a sE 1 4 CASE NOR @500p7070 SECTION 33-50-42 / ' / - g g SoutH R/W LINE OF WEST DANIA BEACH BOULEVARD N89010'5 ' 300.001a' — — — �"'�` ; POINT OF BEGINNING N8 3°58'34'NN °10'52"IN 199 75' w S00023'15"W I 100.72' 8 12.00' EAST LINE OF NE 1/4, SE 1/4. '30•0 I SE 1/4 SECTION 33-50-42 R/W N II I ILUC�I GRAPHIC SCALE s q m I103 :� ace z I ( IN FEBy' ) h't L! ' L Ap C h 1 Inch ® 100 Pt A STIRLING INDUSTRIAL PARK I PLAT BOOK 131 PAGE 40, B.C.R. IPo ~ LEGEND I R/W - RIGHT-OF-WAY v ,w B.C.R - BROWARD COUNTY RECORDSWEST F I I�-i—SECTION"34-50-4I I II i i 30.00' ----- SOUTH LINE OF NE 1/4. SE 1/4. SE 8 P, S.W. 1 St STREET 1/4. SECTION 33-50-42 _ �_ - 25'ALLEY PER PLAT BM 0 PAGE s _ — -- RIGHT-OF-WAY FOR EASTBOUND TURN LANE Drawn By DCFJR SKETCH OF DESCRIPTION Date 6/9/03 Cad No. 030295 FO T'IN, LEAVY S I.E INC. see 1" 100' Ref Avg. 2001-035 CONSULTING ENGINEERS, SURVEYORS& "PERS Job.No. 030928 FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dn-No- 1 003-010-3 P/otKd 5 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 /9/03 10:56c phone: 305-633-4493/Fax 305-651-7152/Email f1s flssurvey.com j Sheet 3 of 3 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 09/23/03 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — ACCEPTANCE OF EASEMENTS (DANIA DISTRIBUTION CENTER PLAT) 3. COMMISSION ACTION BEING REQUESTED: RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Request by Craven Thompson & Associates, Inc., on behalf of Dania Distribution Centre, Ltd., to dedicate a turn lane and corner cord for the property located between West Dania Beach Boulevard and SW 1 st Street, Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report and Attachments Resolution with Exhibits (8 pages) 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 0 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date September 16,2003 Community Development Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: September 23, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: VC-29-03: Request by Craven Thompson & Associates, Inc., to dedicate a right turn lane and corner cord for the property generally located at the southwest corner of Dania Beach Boulevard and SW 12t' Avenue Extended (Applicant: Dania Distribution Center) In 2002, the City Commission approved the Dania Distribution Center Project with no access to Dania Beach Boulevard. On July 8, 2003 the City Commission approved the vacation of the SW 12"' Avenue road right-of-way (between SW 1st Street and Dania Beach Boulevard) located just east of the project. o Applicant indicates the City must accept applicant's "grant of easement" for a right turn lane on the south side Dania Beach Boulevard in order to obtain county plat approval. County plat approval is a prerequisite to obtaining building permits to commence construction. The grant of easements are of no use of to the City since they lead to a street that no longer exists (SW 12t' Avenue between SW 1st Street and Dania Beach Boulevard). The applicant acknowledges this anomaly and has agreed to "undue" the grant of easements (vacate the easements) after the Dania Distribution Plat has been recorded with the County. Applicant indicates that failure to accept the grant of easements will delay construction for several months. Applicant has submitted Exhibit B (attached to staff report) attempting to explain the rationale for this request. STAFF RECOMMENDATION Approval. EXHIBIT L B" The approved site plan for the plat had no access to Dania Beach Blvd. and the City of Dania Beach permitted no access to Dania Beach Blvd. because of the residential community to the north of Dania Beach Blvd. The Broward County Engineering staff would NOT AMEND the plat report because of the existing 30'Road right-of-way granted by the STIRLING INDUSTRIAL PARK, Plat Book 131, page 49, B.C.R. The Broward County Engineering staff agreed to only amend the plat report if the City vacated the 30' road right-of-way. The City Commission approved the vacation of 30'R/W on July 8, 2003. Attached is a copy of the certified resolution. At the April 15 meeting with Broward County Engineering staff it was discussed and agreed upon that to speed-up the release of the eastbound right turn lane & corner chord(staff recommendation 3 &4), we could grant to the City of Dania Beach roadway easements for these items. The Broward County plat report was revised to reflect the turn lane& corner chord would be granted by separate instrument. Once Broward County approved the Delegation request to delete items 3 &4 we could vacate these items going through the City of Dania Beach vacation process and not the year long process of going through the City& Broward County vacation process. The Dania Distribution Centre Plat can not be recorded until the City of Dania Beach accepts the separate instruments for the turn lane & comer chord. We respectfully request that the Commission accept these items. RESOLUTION NO. 2003 - 170 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE VACATION OF A 30 FOOT BY 584.84 FOOT PUBLIC RIGHT-OF-WAY (SW 12TH AVENUE EXTENDED) LOCATED ON THE "STIRLING INDUSTRIAL PARK" PLAT BOOK 131, PAGE 40; PROPERTY IS LOCATED BETWEEN WEST DANIA BEACH BOULEVARD AND SW 1 ST STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT-A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3, Article 3, Part IX, as amended, of the Charter of the City of Dania Beach, sets the procedure for vacating and abandoning streets, alleys, and utility easements or other property dedicated to the public use; and WHEREAS, Craven Thompson &Associates, Inc., representing Stirling Associates, LLC for the Dania Distribution Center, duly petitioned the City Commission of the City of Dania Beach, Florida, for the vacation of public right-of-way easement on the "Stirling ® Industrial Park" Plat, more legally described in Exhibit "A", a copy of which is attached to this resolution. WHEREAS, the City Commission waived the re-platting requirements for petition No. VC-29-03 on June 10, 2003; and WHEREAS, at the June 18, 2003 meeting, the Planning and Zoning Advisory Board unanimously voted to recommend approval of the vacation of easement on the "Stirling Industrial Park" Plat; WHEREAS, after publication of notice as required by Section 3,Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on July 8, 2003; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: CERTiF0OATION c i thi to a tru andAprrect copy S&ESS my hand and official seal of the 1 RESOLUTION NO. 2003 -170 Chy of Rance Boach,®ro rd Coun ,Flo day of itY Clew Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the following right-of-way, subject to the following conditions: a) Preserving 30 foot general utility easement above the proposed right-of-way vacation area. b) Provide landscaping and/or fencing to prohibit pedestrian access to vacated right-of-way. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easements have been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. 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 THE 8TH DAY OF JULY, 2003. AOBN ON �K= MAYOR - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES C R E JOH ON COMMISSIONER MIKES -YES CITY CLERK �� VICE-MAYOR MCELYEA - NO MAYOR ANTON -YES O 2 RESOLUTION NO. 2003 -170 APPROVED AS TO FOR A CORRECTNESS: ® 'BY: r THOMAS J. NS O CITY ATTORNEY O O 3 RESOLUTION NO. 2003 -170 EXHIBIT "A" LEGAL DESCRIPTION A portion of SW 12th Avenue, Stirling Industrial Park according to the plat thereof as recorded in Plat Book 131, Page 40 of the Public Records of Broward County, Florida, and being more particularly described as follows: Commence at the Northeast corner of the Southeast%of the Southeast%of Section 33, Township 50 South, Range 42 East thence S 00 Degrees, 23 Minutes, 15 Seconds W, along the East line of said Section 33 also being the West line of Section 34, Township 50 South, Range 42 East,for 50.01 feet to the Point of Beginning, thence continue S 00 Degrees, 23 Minutes, 15 Seconds W, along said West line for 584.84 feet; thence S 89 Degrees, 36 Minutes, 45 Seconds E, for 30.00 feet to a point on the East right-of-way line of said SW 12th Avenue, thence N 00 Degrees, 23 Minutes, 15 Seconds E, along said East right-of-way line for 555.50 feet; thence N 45 Degrees, 04 Minutes, 44 Seconds E, along said East right-of-way line for 42.19 feet; thence S 89 Degrees,45 Minutes, 36 Seconds W, for 59.68 feet to the Point of Beginning. 4 RESOLUTION NO. 2003 -170