HomeMy WebLinkAboutR-2002-153 RESOLUTION NO. 2002- 153
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE VACATION AND RELOCATION OF A PORTION OF A UTILITY
EASEMENT LOCATED BETWEEN SW 52ND STREET AND SW 54TH
STREET, WEST OF SW 43RD TERRACE (EMERALD PALMS
APARTMENTS), 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RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED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, Ralph D. Denuzzio, P.E., representing Emerald Palms Apartments,
Ltd., duly petitioned the City Commission of the City of Dania Beach, Florida, for the
vacation and relocation of,a portion of a utility easement located between SW 52"d Street
and SW 54th Street, West of SW 43`d Terrace (Emerald Palms Apartments) 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-47-02) on August 27, 2002; and
WHEREAS, at the meeting of the Planning and Zoning Advisory Board held on
August 21, 2002, the Planning and Zoning Advisory Board unanimously voted to
recommend approval of the vacation and relocation of a portion of the utility easement;
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 September 10, 2002;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
• 1 RESOLUTION NO. 2002 -153
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 streets and miscellaneous utility easements.
Section 2. That the City Commission finds and determines that the procedure for
the vacation and abandonment of the subject streets and utility 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 TH 0T" DAY OF SEPTEM R, 02 .
/J
R ERT NUNN
MA OR - COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE J N ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS T FO AND CORRECTNESS:
BY:
THOM J. ASBRO
CITY A TORNEY
2 RESOLUTION NO. 2002 -153
A EXHIBIT "A"
LEGAL DESCRIPTION: A EXISTING UTILITY EASEMENT TO BE VACATED BEING A
PORTION OF R.W. CHAMBERS SUBDIVISION AS RECORDED IN PLAT BOOK 84 AT
PAGE 12 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID
R.W. CHAMBERS SUBDIVISION AND RUN N00°01'19"E ALONG THE EAST
BOUNDARY OF SAID SUBDIVISION ALSO BEING THE WESTERLY RIGHT OF WAY
FOR SW 43RD TERRACE A DISTANCE OF 259.83 FEET, THEN RUN S89°42'24"W
ALONG THE SOUTHERLY BOUNDARY OF A EXISTING UTILITY EASEMENT FOR A
DISTANCE OF 45.48 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF
BEGINNING RUN CONTINUE S89°42'24"W 234.12 FEET THEN RUN N09°44'30"E
ALONG 20.31 FEET TO THE NORTH BOUNDARY OF SAID EXISTING UTILITY
EASEMENT THEN RUN N 89°42'24"E ALONG SAID NORTH BOUNDARY 235.33 FEET,
THEN RUN S13'04'11"W 20.56 FEET TO THE POINT OF BEGINNING.
3 RESOLUTION NO. 2002 -153
AGENDA REQUEST FORM
CITY OF DANIA BEACH 07
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: SEPTEMBER 10,2002
2. DESCRIPTION OF AGENDA ITEM: VACATION EASEMENT -VC-47-02
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
Variance request submitted by Ralph d. Denuzzio, P.E., representing Emerald
Palms Apartments Ltd., for vacation and relocation of a portion of a utility easement
located between SW 52"d Street and SW 54th street, west of SW 43rd Terrace
(Emerald Palms Apartments).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Letter from Applicant
Vacate Easement Application with backup materials
Hearing Notice / Mailing List
Location Map
Easement Vacation Sketch (8.5" X 11")
6. 'FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds,AICP, Director Date September 4, 2002
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
INTER-OFFICE MEMORANDUM
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: VC-47-02: Request to Vacate a portion of a Utility Easement
located between SW 52nd Street and SW 54th Street, west of SW
43rd Terrace (Emerald Palms Apartments)
SP-48-02: Site Plan request to construct a Recreation Center as an
Accessory Use to an Existing Apartment Complex
DATE: City Commission Meeting of September 10, 2002
The applicant proposes vacating and relocating an existing easement in order to
construct a new clubhouse/recreation center for the Emerald Palms apartments. The
• clubhouse will be located within an existing commons area, on the west side of SW 43`d
Terrace between SW 52nd Street and SW 54th Street.
The following agencies have no objection to the vacating and relocating the easement:
Dania Beach Fire Rescue, Broward County Utilities, FPL, Everglades Pipe Line,
s Peoples' Gas, ATT Broadband, and Bell South Communications.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval, subject to final approval of the Public Works/Utilities Director.
Emerald Palms Easement Waiver,doc.doc
� atpo M .
h E gineers, Planners, Surveyors
• �
6100 Boulevard of Champions, 6175 Babcock St.-Unit B. 31
North Lauderdale, FL 33068 Palm Bay, FL 32909
tel: (954)969-5100, fax: (954)969-9680 tel: (321)674-9338,fax: (321)674-3834
E-mail:denuzzio@bellsouth.net
August 12, 2002 Hand Delivery
City Commission
c/o Lawrence Leads
The City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Re: Emerald Palms, Vacation of Easement
Project No. 20048
Dear City Commission:
We are requesting to vacate a utility easement located between SW 52nd Court and SW 54th
Street, west of SW 43rd Terrace in the subdivision of Emerald Palms. In addition, we wish to
wave the re-platting requirements. We ask that this request to be heard at the next City
Commission meeting for approval.
s Attached please find a copy of the plat, survey and legal description of the easement to be
vacated and the proposed new easement.
Also attached are letters of"No Objection" to vacate the easement from Fire Rescue, Florida
Power & Light, Everglades Pipe Line, Peoples Gas, AT&T Broadband and BellSouth
Telecommunications.
Thank you for your consideration regarding this matter and the courtesy of a reply.
Sincerely,
Ralph D. De u
President - --
Attachments
T:Vohanna\Johannas Work\Correspondence\20048 City Commission.doc
Aug 02 02 03: 19p RALPH D DENUZZIO& ASSOC. 954 969 9680 p.2
%127• 10:2 DAIlIA IXAOl c.,o ; 919549649680
140.938 001
CITY OF DANIA BEACH GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
'00 W.DANIA 8EAG11 BLVo
DANIA BEACH,FL 330D4
VACATE eEASEMENT/RIGHT OF WAY - --
DATE: 7/15/02
PETITION VC- - 0
TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY
COMMISSION,A VACATION AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY-
PETITIONER: Ralph D. Denuzzio & Assoc. Address 6100 Blvd. of Champions, N. Lauderdale,
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO it) Please see attached
ADDRESS OF SUBJECT PROPERTY. t
Terrace
PRESENT ZONING:--29—U`REASONS&JUSTIFICATION FOR REQUESTED VACATION:
I FPL Utilit located in easement being removed for constru
ction
of a Recreation Center �4 Pool.
Sworn to and subscribed before me Signature of Petitioner
this 15th day of_ July Yr 2002
Notary Public State of( 6100 Blvd. of Champions
Printed Name of Notary Florida } N. Lauderdale FL 33068
Johanna J. Zeigler Street Address,City State d Zip
Commission Expires July 2003 (954) . 969-5100 / (954) 969-9680
Seal. Ielepnone Number Fax Number
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY,PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR
s J CATION and that 1 have authorized �]`p Deng to make and file the aforesaid
¢ W
ETITION FOR VACATION. era alms
�¢ m Apartments, Ltd,
VT
IT Z w worn to and Subscribed Wore me �'�- ald Pa � TZC General P�rtnershi�
a �o.is day of l ,r C6„ r a--"-y Stgnat re pe ZSwiie �nera d Clinton LLC, remher
r
' �¢ 8 a ublic State 3225 Aviation Ave, to 700
A o ° of( Florida } Coconut Grove, FL 3 33
rimed Name of Notary Street Address,City State&Zip
J O
ommission Expires
4t; � (305) 860-8188 / (305) 860-8196
A. o al: Telephone Number J Fax Number
ON VS1 P�
DEPARTMENT USE ONLY-Do NOT WRITE BELOW THIS LINE)
ACCEPTED BY: Fees are as follows:
Application - S 165.00
Cost Recovery- S2,500.0o
Total Due: l2.665 04
Letter to Clty Commission requesting to waive Re-plat roquirement
• Related Plat Name: Seated Survey of Easement or ROW
Related petitionls)(if applicable)
Po*11411 Fax Note 478171 �6 � t yma►proro. u•6tOsif ��/,R-
EMERALD PALMS APARTMENTS, LT®.
•
August 13, 2002
Re: Authorization To Act As An Applicant
To Whom It May Concern:
By this letter Emerald Palms.Apartments, Ltd. hereby authorizes Chris DeBow to act as
an applicant on our behalf, to submit and pick up the Clubhouse Site Plan approval for
the Emerald Palms rehabilitation project. Any deposited copy of this letter shall stand as
an original for the purpose of such authorization.
E ald Palms Apartments, Ltd.
By: merald P ms , LLC, General Partner
• AcJ6 Us.T y
Randy Rieger Date
Senior Vice President
Emerald Clinton, LLC, Member
State of Florida )
County of Miami-Dade )
The foregoing instrument was acknowledged before me this day of August, 2002,
by and Rie er, Senior Vice President who is personally kno to me.
SEAL
a ublic Signature
O`P(iY P�e</ O MAR NAI IC L P RICHTER
Notary Public Print Name
N , �l, ' COMMISSION NUMBER
1W1 Q 00081153
MY COMMISSION EXPIRES
OF c1. DEC.27,2005
RR:td
•
3225 Aviation Avenue,suite PH,Coconut Grove,FL 33133 ♦Tel:(305)860-8188 Fax:(306)860-8186
City of Dania Beach
him Fire Rescue Department
Bureau of Fire Prevention
100 West Dania Beach Blvd.
Dania Beach, FL 33004
(954)924-3656
(954) 922 2687 FAX
' Memo
To: Johanna J. Ziegler, Denuzzio&Associates
From: Robert S. Madge, Fire Prevention Specialist
Date: August 7, 2002 ;Rg�4e__,
Re: (Emerald Palms, vacation and re-routing of easement
0 conducted an on-site inspection of the area in question on 8-5-02 and have
received documents of proposed changes from your office. There are no objections
from the Fire Department on the proposal.
. s
O
• Bf ` ;
COUNTY
N011C works Department•Office of Envlronmentai services
ENVIRONMENTAL ENGINEERING DIVISION
2555 W. Copan Road • Pompano Beach, Florlda 33069 • 954-831.0745 • FAX 954.831-0798/0925
August 12, 2002
VIA FACSIMILE (954) 969-9680 AND U.S': MAIL
i
Ms. Johanna Zeigler
Ralph D. Denuzzio &Associates
6100 Boulevard of Champions
North Lauderdale, FL 33058
Re: Emerald Palms .
Vacation of Easement
Dear Ms. Zeigler.
Please be advised that the Office of Environmental Service has no objection to the vacation
s of the easement referred to in your August 81 letter to me. Water and sewer service is
provided to the property via utilities located in the street right-of-way.
Please contact me at (954) 831-0931 if[can be of further assistance.
Sincerely,
Steven W. Uhdck, P.E.
Planning and Development Manager
SWU/jm
e '� oa�cners
losWus Eggeneoon,jr. .Den Graber•Sue Gumbur9er•Mon' Ilene ti
1, �-ionn E.Rodnmm.Jr.•Jemas A.Stag•OWns Wassemun•R=n
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Tn',J 117:7T 7fN17 TT 6nH C7rn—Tc9.-KF:,:xPa AM CWTV17-11,1TO 1 .AAl7
.._o ..._. "� ...�. �.. - ....�. .. ....� ....c.�a�o1 n�oui.. molt z3ou bbbu p.3
,ALL-31-2002 09:19 FROM:FPL SUNRISE SW CTR 954 362 5138 y
T0:99549G99GG0 P.1`p
Florida Power B Lfgw Company
FPL
July 31.2002
Ralph D. Denuzzio
6100 Blvd of Champions
N. Lauderdale, Ff.
Re: Easement at Emerald Palms
4361 SW 54 ST.
Dear Sir:
• FP&L has no objects to the vacation of Utility Easement specified in attachment A.
y
Sincerely,
Willi m Taylor
Service Planner P&L
. an FPL Group Company
1/U6 VV VG VL• JG�/ 1\IILI 11 U LLIIULL1U01 f1JJUl,• �� } ��`J `Jb�U P.b
EVERGLADES PIPE LINE COMPANY, L.P.
2900 s. E. 14th AvmWE
• BOX 13013
PORT EVERGLADES STATION .
FORT LAUDERDALE, FLORIDA 33316
y (954)522-8464
July 31, 2002
Donald P. Proud, P.S.M.
Ralph D. Denuzzio & Associates
6100 Boulevard of Champions
North Lauderdale, F1 33068
RE: PROJECT NO. 20048
Dear Mr. Proud:
After reviewing your project plans, we find that Everglades
Pipeline Co. is not in your easement to be vacated. or in the
proposed easement area. -
We are returning a copy of your site plan with our i
easement highlighted. pipeline
If we can be of any further assistance, please feel free to call
z our office.
Yours truly,
ROBERT J. CLABAUGH
AREA SUPERVISOR
RJC/gj
uuiucciva noouu. O0't ZJb,'I UbUU P.
n;li(iftlt'!J1 tt. •;.ri.7 rCUrLL.) UH1
fig
• r.C/rJC1 pia_
PEC3F;aLES GAS
15779 West Dixie Hwy.
North Miami Beach. Florida 33162
Bwd. (954) 763-8900 Dade (305) 9.40-0139
Easement& Right-o%Way Vocation Letter
To: Ralph D. Denuzzo & Associates July 31. 2002
6100 Soulvard of Champions
N. Fort Lauderdale, Fl, 33068
Subject : Easement Vacation—Project No.20048
Between SW 52n"Court and SW 5e Street,West of SW 43rd Terrace
(X)Peoples Gas has no facilities within the referenced area ,therefore we have no
objection to this vacation.
-AAgel Quant
Regional Operations Manager
® ! 1 Peoples Gas has facilities within the referenced area to be vacated. however.we have no
objections to this vacation.
Angel L. ouent
s Rogional Operations Manager
I t Peoples Gas has facilities within the referenced area to be vacated which cannot be
relocated for technical reasons,however,we have no objections to this vacation
providing the Underground Notification Bureau is notified prior to construction,so that
all'Tacilities can be accurately located.
Angel L. Quant
Regional Operations Manager
I ? Peoples Gas objects to the proposed vacation for the following reasons:
Angel L. Quant Prepared By:Y. Hong Ting
Regional Operations Manager Atlas Page: X-35
PlOPLEn OAS
15779 WEST OWE 1141014WAY
NORTH MOAN$ ®EACH.FL 39t63.6037 10001 282 444t
AN COUAL OPPORTUNITY COMPANY PAX($OSI 944-31 14
"rrP*'/W WW.TeC0 CNeg8y.COM
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"UC Ue Ue 03: 15p
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ATE ®�wJ4w®�1qw
954-538.9394 ph 954,538.9423 tax
August 2, 2002
Ralph Denurlio& Associates
Donald P. Proud
6100 Boulevard of Champions
North Lauderdale, Florida 33068
Re Vacation of Easement—Emerald Palms
Dear Mr. Proud:
AT&T Broadband has no objection to the vacation 0f easement requested•for
Emerald Palms" The legal description being a 10'utility easement, a portion of
Chambers Subdivision as recorded in Plat Book 84 at Page 12 of the Public
Records of Broward County, Florida.
For any questions regarding this matter, please feel free to contact me at 954-
538-9394.
s
i cere ,
Steve Sdankus
Permit Supervisor
Eastern Division
BELLSOUTH
• BellSouth Teiccommunfcatlons,Inc. L Carlos Marque:
$601 W Sunrise Boulevud 934.176-2920. Office OSP Ens.
Plsnw6ou,FL 33322 931-423.6333• Fax
August 6, 2002
Johanna J. Zeigler
Administrative Assistant
Ralph D.Denurslo& Associates.
6100 Boulevard of Champions,
North Lauderdale,F133068
Re: Emerald Palms
Vacation of Utility Easements
Dear Mrs. Zeigler:
Based on the legal descriptions and sketches that were provided to me,BellSouth has
no objections in vacating the utility easements as proposed.
It should be noted,in order to provide facilities,the owner Is required to provide/record
• new easements,conduits and any other support facilities that BellSouth may require. The
owner will pay any and all cost associated with removal and/or replacement of any such
structure. If existing service Is affected,relocation of faculties will be at the customer's
expense.
Prior to Installation in the utility easement,the contractor/owner will be responsible for
calling to have underground facilities located by NO-CUTS on the subject property for
locations. The number to call is 1-800432-4770.
If you have any questions or concerns,please contact me at(954)476-2920.
e
Sincerely,
BellSouth Telecommunications
r7�
J.Carlos Marquee
Outside Plant Engineer-BellSouth Telecommunications
•
NOTICE OF PUBLIC'HEARING y
-CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that public hearings will be
SUN- SENTINEL held before the Dania Beach City Commission on Sep-;
tember 10,2002,at 7:00 p.m.,or as soon thereafter'as.
PUBLISHED DAILY possible,in the Dania;6each City Commission Room,
Administrative Center, 100 West Dania Beach Blvd;
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA Dania Beach,Florida 33004,for the purpose of,hear"
BOCA RATON, PALM BEACH COUNTY, FLORIDA Ing any comments which might be made tothe.follow= ;
ing requests:
MIAMI, MIAMI DADE COUNTY, FLORIDA VA-34-02-Variance.Request by Attorney HarryHipler,
PA, representing_Old District Promotions, Inc. for
property located at 19,North.,Federal Hwy Dania
Beach.Attorney Hipler requests approval,of;the fol-
lowing variances: „
STATE OF FLORIDA 1:Variance to grant atFull liquor License for Bistro 19'
Nightclub within 1,000 feet of a Church(1,000 foot
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE setback from church required pursuant to Section
1:201 ft of the Zoning Code) Property located at 19
BEFORE E E NED AUTHORITY, PERSONALLY APPEARED North Federal Highway.
Request to Approve an Extended Hours Liquor License
(4:00 a.m.;5:00 a:m.on New Years.Day)for Bistro 19
WHO,ON OATH, SAYS THAT Nightclub.Property.located at 19 North Federal High-
way1.
ZA
E IS A DUL AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED ep
3. Special Exception Request to Allow
TMENTOFTHESUN-SENTINEL, DAILY NEWSPAPER PUBLISHED "Entertainment"(Dance Club with Disc Jockey and/or
live band)pursuant toSection,4.20(Schedule of rise
WARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE Regulations)of the ZoningCode.Property located at;
19 North Federal HighwayHED COPY OF ADVERTISEMENT, BEING A: The property is legally described as Lots 11 through'
16,inclusive less any portions.thereof given for street
purposes,Block 13 of TOWN OF MODELO(now Town
of Dania)a subdivision according to the plat thereof
SEPTEMBER 10 2002 recorded in Plat Book B, at Page 49 of the public
Records of Dade County;Florida. ;• . - _%,,-
VA-30-02 - Variance Request by the firm Gunster t
IN THE MATTER OF: Yoakley,Attorneys at Law representing Dania Distri-
bution Centre,Ltd.For vacant property located on the. i
south side of Dania Beach Boulevard between SW
September 10 2002 12th Avenue(extended)and the C-10 Canal:The re
quest for variance is as follows: ;:; •::,•;._-
1.Variance to provide 18%pervious area(30%requi
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE red)(chapter zs,zoning,Article 29> -;:c - r:,
2.variance to allow generalized landscape variance
ISSUES OF: from Chapter 26(Vegetation)of the City.Code:
PL-32-02 - Public hearing for a Preliminary Plat ap•
proval for the"Dania Distribution Centre Plat Ordi
8/30 11057313 nance reads as follows:
AN ORDINANCE-OF THE CITY OF DANIA,FLORIDA,AP-
PROVING THE" DANIA DISTRIBUTION CENTRE" PLAT,
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER SUCH PROPERTYi BEING LOCATED AS THE,VACANT
PROPERTY LOCATED ON THE SOUTH SIDE-OF DANIA
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA BEACH BOULEVARD BETWEEN SW 12TH AVENUE(EX-
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY TENDED)LEGALLY DESCRIBED IN EXHIL,INBIT-"A
THE CITYOF DANIA
ANDAND LEGALLY DESCRIBED IN EXHIBIT'A",A COPY`OF .�
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA T WHICH D C ATTACHED FO PUBLIC THIS USE O A ACCEPTING t
THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF `
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, DANIA DISTRIBUTION CENTRE".PLAT;PROVIDING FOR
SEVERABILITY FURTHER PROVIDING FOR AN EFFEC-
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION O ExhiTIVEbit
DATE..-L { ' .s o i he
Exhibit'A"-legally described as the NE]/4 off the SE
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT 1/4 ofthe SE 1/4;and the east 112 ofthe NW 1/4ofthe
SE 1/4 of the SE 1/4 of section 33,Township 50 South,,,
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR Range 42 East;Said lands situate in Broward County;_ '
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR T Florida. Excepting therefrom that portion thereof
conveyed to Central and Southern Florida.Flood Con--
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID trot District
ict b Deed recorded in
of the Public Recordsofficial-records
boo 1246, of d-
NEWSPA R. County,Florida,and less 50.01 feet along the north-
ern 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 Bro-
ward County,Florida.AKA vacant land in Dania Flori- 1
NA UR ( FFIANT) da containing 607-022 sq.ft.,or 13.935 acres more or
less:
VC-47-02-Request to vacate and relocate a'portion of
SWORN TO AND SUBSCRIBED BEFORE ME a utility easement.located between SW 52nd Street
and SW 54th Street,west of SW 43rd Terrace(Emerald
ON: 30-August-2002 A.D. Palms Apartments).:Proposed resolution reads as,fol-
'V lows:
A RESOLUTION OF THE CITY OF DANIA BEACH;FLORI-
DA,APPROVING THE VACATION AND RELOCATION OF
A PORTION OF A UTILITY EASEMENT LOCATED BE-
TWEEN SW 52ND STREET AND SW 54TH STREET,WEST
(SIGNATURE OF NOTARY PUBLIC) of 43RD TERRACE (EMERALD PALMS APART-
(SIGNATURE IN THE CITY OF DANIA BEACH AND LEGALLY
DESCRIBED TN EXHIBIT"A",A COPY OF WHICH IS AT-
Tom L.Beezck TACHED TO THIS RESOLUTION; PROVIDING THAT ALL
�� RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
;;` MY CO3v4MISSION# DD0,;.4939 EXPIRES
- FLICT WITH THIS RESOLUTION ARE REPEALED TO THE
hly 20, "[vOB EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
BOINDED TuPu'POV FAIN INSURANCE, NC. FOR AN EFFECTIVE DATE..
Exhibit"A"-Legally described as:An existing utility
easement to be vacated being a portion of R.W-
Chambers Subdivision as recorded in Plat Book 84 at
(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) Page 12 of the Public Records of Broward.County,
`// Florida and being described as follows:Commence at
the Southeast corner of said R.W Chambers subdivi-
j
PERSONALLY KNOWN OR sion and run N 00 01 19 E along the east boundary of
said subdivision also being the westerly right of way
for.SW 43rd Terrace a distance of 259.83 feet,then
PRODUCED IDENTIFICATION run S 89 42 24 W along the southerly boundary of an
existing utility easement for a distance of 43.48 feet
to the point of beginning from said point of beginning
run continue S 89 42 24 N 234.12 feet then run N 09 44
30 E 20.31 feet to the north boundary of said existing
utility easement then run N 89 42 24 E along said
north boundary 235-33 feet;then run S 13 04 11 W'
20.56 feet to the point of beginning.
Copies of the proposals are available for viewing in
the Growth Management Department,'100 West Da-
nia Beach Blvd., Dania Beach, Florida between the
hours of 8:00 a.m. and 4:00 p.m., Monday - Friday
please call(954)924-3645 for more information.
Interested parties may appear at the public hearing
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that public hearings will be held before the Dania Beach City Commission on
Septmeber 10, 2002, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission
Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of
hearing any comments which might be made to the following requests:
VC-47-02— Request to vacate and relocate a portion of a utility easement located between SW 52"d Street
and SW 541h Street, west of SW 43d Terrace (Emerald Palms Apartments). Proposed resolution reads as
follows:
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
VACATION AND RELOCATION OF A PORTION OF A UTILITY EASEMENT
LOCATED BETWEEN SW 52ND STREET AND SW 54TH STREET, WEST OF SW
43RD TERRACE (EMERALD PALMS APARTMENTS), 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.
Exhibit "A" — Legally described as: An existing utility easement to be vacated being a portion of R.W.
Chambers Subdivision as recorded in Plat Book 84 at Page 12 of the Public Records of Broward County,
Morida and being described as follows: Commence at the Southeast corner of said R.W. Chambers
bdivision and run N 00 01 19 E along the east boundary of said subdivision also being the westerly right of
way for SW 43rd Terrace a distance of 259.83 feet, then run S 89 42 24 W along the southerly boundary of an
existing utility easement for a distance of 45.48 feet to the point of beginning from said point of beginning run
continue S 89 42 24 W 234.12 feet then run N 09 44 30 E 20.31 feet to the north boundary of said existing
r utility easement then run n 89 42 24 E along said north boundary 235.33 feet, then run S 13 04 11 W 20.56
feet to the point of beginning.
Copies of the proposals are available for viewing in the Growth Management Department, 100 West Dania
Beach Blvd.,,Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call
(954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with
respect to the proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
33004, (954) 924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the City Commission with regard to any matter
considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to based.
Lou Ann Cunningham
Planning Technician
4kail: Friday, August 30, 2002
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(PLAT BOOK!21 PAGE 48)
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1
TITLE-.
EASEMENT LOCATION SKETCH
CLIENT,
NOT VALID WITHOUT THE SIGNATURE AND THE
EM ERALLD PALMS SURVEYOR RAND D SEAL Or wwPER A FLORIDA LICENSED
THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED DATE OF FIELD Y
A CURRENT TITLE OPINION OR ABSTRACT OF MATTERS
AFFECTING TITLE OR BOUNDARY TO THE SUBJECT.
PROPERTY. IT IS POSSIBLE THAT THERE ARE DEEDS
OF RECORD, UNRECORDED DEEDS, EASEMENTS OR OTHER DONALD P.PROUD.PSM
INSTRUMENTS AFFECT THE BOUNDARIES. • n FLORIDA REM NO.LS1037
16A. J6v �g$ 8�=uauu a � .AB NM 2M48
Consulting Engineers, Planners,Surveyors ��N �a D.a P'
6100 Boulevard of Champions vlE<DBmlc
North Lauderdale, Florida 33068 IATEt 07/26/02
LB NO. 0003444 SCM N. T.S
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— — — — — — — — — — — — — — — — — — — — — — — --I,r;•
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TITLE- 'SKETCH AND DESCRIPTION AIlp°oo
EASEMENT VACATION �!�r
CLIENT, J
EMERALD PALMS
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER -------------------
DONALD P.PROUD.PSN
FLORIDA REG NO.LS4037
• 7� ./$� A 3s<acr , riT
20048Consulting Engineers, Planners,Surveyors ' D P F6100 Boulevard of Champions OCNorth Lauderdale, Florida 33068 ob-te-o2LB N❑. 0003444 I•K 60'( q94) qAq-Sinn PAY ( q9A) Qrq_or-pna I of 2
• GENERAL NOTES:
1: THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TITLE
OPINION OR ABSTRACT OF MATTERS AFFECTING TITLE OR BOUNDARY TO THE
SUBJECT PROPERTY, IT IS POSSIBLE THAT THERE ARE'DOCUMENTS OF RECORD
UNRECORDED DEEDS. EASEMENTS OR OTHER INSTRUMENTS THAT COULD AFFECT
THE BOUNDARIES TO THE SUBJECT PROPERTY.
2: THIS BOUNDARY SURVEY IS BASED UPON THE LEGAL DESCRIPTIONS FURNISHED
BY THE CLIENT.
3: MEASURMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL PARTS
THEROF.
4: RALPH D. DENUZZIO 6: ASSOCIATES, INC. RESERVES THE RIGHT TO UTILIZE
ANY AND ALL INFORMATION OBTAINED IN THE PREPARTION OF THIS SURVEY
INCLUDING THIS MAP OF (AND SURVEY. FOR ANY OTHER PURPOSES.
5: DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS
UNDERGROUND FOOTERS, FOUNDATIONS, UTILITIES OR OTHER SUBSURFACE
STRUCTURES ARE NOT LOCATED FOR THE PURPOSE OF THIS SURVEY.
6: SOURCES OF INFORMATION USED IN PREPARTION OF THIS SURVEY ARE
AS FOLLOWS:
A) SURVEY BY BATTAGLIA LAND SURVEYORS, INC
8) PUTS OF RECORD FROM PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA
C) LEGAL DESCRIPTIONS OF PARCELS FROM TITLE WORK SUPPLIED BY CLIENT
7: THIS SURVEY MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE
PERMISSION OF RALPH D. DENUZZIO do ASSOCIATES. INC.
8: THIS DRAWING IS NOT VALID UNLESS BEARING AN ORIGINAL SIGNATURE AND
EMBOSSED LAND SURVEYORS SEAL.
9: BEARINGS ARE BASED ON THE NORTH BOUNDARY OF CHAMBERS ESTATES
10, THIS SURVEY COMPLIES VITH THE MINIMUN TECHNICAL STANDARDS
ESTABLISHED BY CHAPTER 61-1517-6 OF THE FLORIDA ADMINISTRATIVE CODE.
LEGAL DESCRIPTION
ASXISTING RECORDED INITY PLATABOOKN84TATBPAGE 12TOD BEING
HE PURL C PORTION
CORDS OF BROVARD CHAMBERS
COUNTY, FLDRIDA
AND BEING DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF SAID R.W. CHAMBERS SUBDIVISION AND RUN N00.01'19'E
ALONG THE EAST BOUNDARY OF SAID SUBDIVISION ALSO BEING THE WESTERLY RIGHT OF WAY FOR
S.W. 43RD TERRACE A DISTANCE OF 259.83 FEET, THEN RUN S89'42'24'W ALONG THE SOUTHERLY
BOUNDARY OF A EXISTING UTILITY EASEMENT FOR A DISTANCE OF 45.48 FEET TO THE
POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN CONTINUE S89.42'24'W 234.12 FEET
THEN RUN N09'44.30'E 20.31 FEET TO THE NORTH BOUNDARY OF SAID EXISTING UTILITY EASEMENT
THEN RUN N89'42'24'E ALONG SAID NORTH BOUNDARY 235.33 FEET, THEN RUN S13'04'11'W 20.56 FEET
a TO THE POINT OF BEGINNING.
TITLE, SKETCH AND DESCRIPTION
EASEMENT VACATION
CLIENT.
EMERALD PALMS
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER - -- --------------
DONALD P.PROUD,PS"
FLORIDA RE11 N0.LS4037
• la�?4 0. 0=95il c JOB NO. 20048
Consulting Engineers, Planner s,Surveyors DUWN BY, D.P.P.
6100 Boulevard of Champions FIELDBOOK
North Lauderdale, Florida 33068 DATE, 06-18-02
LB NO. 0003444 SCALE, 1
C qc;dl gr-q-c;i nn CpX C q�dl oco_acan SHEET 110. 2 OF 2
tam.
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—� __—9• _ 10 Y UTILITY EA MT tPLA"1 OyD, ' I
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— — — OIIILIMAL Ai LINIIS PLAT i00K N PAGE 12> — — — — —
A
S.W. 54Tf-i STREET
C-VA�AyoP
TlnD $KETCH AND DESCRIPTION o°F �1r
10' UTILITY EASEMENT A, -'0'
CLWNT. 9 O
EMERALD PALMS c.0ooy
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER - -- --------------
DONALD P.PROUD.PSN
�g u /L13RIDA RM NO.LS4037
• � ]�. �1E�u��E� � L1$��= � to JOB Ha 2�48
Consulting Engineers, Planner s,Surveyors DRAYN BYt D.a P.
6100 Boulevard of Champions FIELDBU
North Lauderdale, Florida 33068 DATE, 06-18-02
LB NO. 0003444 SC&E, I'■ 60'
( 954) 969-5100 FAX ( 954) 969-9680 SHEET"a I OF 2
EXHIBIT "B"
GENERAL NOTES:
1: THE UNDERSIGNED SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TITLE
OPINION OR ABSTRACT OF MATTERS AFFECTING TITLE OR BOUNDARY TO THE
SUBJECT PROPERTY, IT IS POSSIBLE THAT THERE ARE DOCUMENTS OF RECORD
UNRECORDED DEEDS. EASEMENTS OR OTHER INSTRUMENTS THAT COULD AFFECT
THE BOUNDARIES TO THE SUBJECT PROPERTY.
2: THIS BOUNDARY SURVEY IS BASED UPON THE LEGAL DESCRIPTIONS FURNISHED
BY THE CLIENT.
3: MEASURMENTS SHOWN HEREON ARE EXPRESSED IN FEET AND DECIMAL PARTS
THEROF.
4: RALPH D. DENUZZIO k ASSOCIATES, INC. RESERVES THE RIGHT TO UTILIZE
ANY AND ALL INFORMATION OBTAINED IN THE PREPARTION OF THIS SURVEY
INCLUDING THIS MAP OF LAND SURVEY, FOR ANY OTHER PURPOSES.
5: DIMENSIONS SHOWN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMENTS
UNDERGROUND FOOTERS; FOUNDATIONS, UTILITIES OR OTHER SUBSURFACE
STRUCTURES ARE NOT LOCATED FOR THE PURPOSE OF THIS SURVEY.
6: SOURCES OF INFORMATION USED IN PREPARTION OF THIS SURVEY ARE
AS FOLLOWS:
A) SURVEY BY BATTAGLIA LAND SURVEYORS. INC
8) PARTS OF RECORD FROM PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA
C) LEGAL DESCRIPTIONS OF PARCELS FROM TITLE WORK SUPPLIED BY CLIENT
7: THIS SURVEY MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE
PERMISSION OF RALPH D. DENUZZIO & ASSOCIATES, INC.
8: THIS DRAWING IS NOT VALID UNLESS BEARING AN ORIGINAL SIGNATURE AND
EMBOSSED LAND SURVEYORS SEAL
9: BEARINGS ARE BASED ON THE NORTH BOUNDARY OF CHAMBERS ESTATES
10• THIS SURVEY COMPLIES WITH THE MINIMUN TECHNICAL STANDARDS
ESTABLISHED BY CHAPTER 61-1517-6 OF THE FLORIDA ADMINISTRATIVE CODE.
• LEGAL DESCRIPTION
A 10' UTILITY EASEMENT BEING A PORTION OF R.W. CHAMBERS SUBDIVISION AS RECORDED IN PLAT BOOK
84 AT PAGE 12 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING DESCRIBED
AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF SAID R.W. CHAMBERS SUBDIVISION AND RUN N00.O1'19'E
ALONG THE EAST BOUNDARY OF SAID SUBDIVISION ALSO BEING THE WESTERLY RIGHT OF WAY FOR
a S.V. 43RD TERRACE A DISTANCE OF 259.83 FEET, THEN RUN S89.42'24'V ALONG THE SOUTHERLY
BOUNDARY OF A EXISTING UTILITY EASEMENT FOR A DISTANCE OF 45.48 FEET TO THE
POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN N16.02'19'V 48.90 FEET, THEN RUN
N89'58'12'W 181.17 FEET, THEN RUN S39.14'13'W 62.34 FEET TO THE SOUTH BOUNDARY OF SAID
EXISTING EASEMENT, THEN RUN N09'44'20'E 20.31 FEET, THEN RUN N39.141131E 49.41 FEET,THEN
RUN S89'58'12'E 193.45 FEET, THEN RUN S16'02.19'E 38.46 FEET TO THE NORTH BOUNDARY OF
SAID EXISTING EASEMENT, THEN RUN S13.04'11'W 20.56 FEET TO THE POINT OF BEGINNING.
P
a y
TITLE- •• SKETCH AND DESCRIPTION -
10' UTILITY EASEMENT
CLIENT-
EMERALD PALMS
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER --------------------
DOAALD P. PROUD,PSN
FLORIDA RE&NIL LS4037
. �>rn3ffi� ist bps . �r ,err. .AB fu 201041
BRAIIN
Consulting Engineers, Planners,Surveyors MO Brl D.P.P.
FIEL
6100 Boulevard of Champions DB00C
North Lauderdale, Florida 33068 BATES as-te-o2
LB NO. 0003444 SCN.0 I'■ 60'
( 954) 969-5100 FAX ( 954) 969-9680 SHOT i• 2 or 2