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HomeMy WebLinkAboutR-2007-011 Aragon Vacation RESOLUTION NO. 2007-011 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE VACATION REQUEST (VC-88-06) SUBMITTED BY GUNSTER, YOAKLEY & STEWART, P.A., REPRESENTING THE PROPERTY OWNER, THE ARAGON GROUP,INC.,TO VACATE A PORTION OF UNIMPROVED NE 5T" AVENUE (35 FEET WIDE), FOR PROPERTY GENERALLY LOCATED BETWEEN EAST DANIA BEACH BOULEVARD AND NE 2No STREET AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; 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, Heidi Davis Knapik with Gunster Yoakley,representing The Aragon Group, Inc., duly petitioned the City Commission of the City of Dania Beach,Florida,to vacate and close a portion of unimproved NE 5th Avenue generally located between East Dania Beach Boulevard and NE 2nd Street, and legally described in Exhibit"A", a copy of which is attached to this Resolution; and WHEREAS,the Planning&Zoning Board on January 17,2007,recommended that the City Commission grant the vacation request; and 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 January 23, 2007; 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, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the portion of unimproved NE 5th Avenue generally located between East Dania Beach Boulevard and NE 2°d Street, and legally described in Exhibit "A", a copy of which is attached to this Resolution. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 January 23, 2007. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: .. ono LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. NSBRO CITY ATTORNEY • 2 RESOLUTION #2007-011 EXHIBIT "A" LEGAL DESCRIPTIONS A PORTION OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. THE EAST THIRTY-FIVE(35.00')FEET OF THE NORTHEAST ONE-QUARTER(NE '/4), OF THE NORTHEAST ONE-QUARTER(NE '/4),OF THE SOUTHEAST ONE-QUARTER (SE ''/4) OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA BEACH, BROWARD COUNTY FLORIDA. TOGETHER WITH: THE EAST THIRTY-FIVE(35.00')FEET OF THE SOUTHEAST ONE-QUARTER(SE '/4), OF THE NORTHEAST ONE-QUARTER(NE '/4),OF THE SOUTHEAST ONE-QUARTER (SE ''/4) OF SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA BEACH BROWARD COUNTY FLORIDA. 3 RESOLUTION #2007-011