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HomeMy WebLinkAboutR-2000-100 RESOLUTION NO. 2000- 100 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING CERTAIN WATERLINE UTILITY EASEMENTS LEGALLY DESCRIBED AS: ALL THAT PORTION OF THE 20' WATER LINE EASEMENT LYING WITHIN PARCEL"A"OF THE NCL PLAT, PLAT BOOK 150 PAGE 50 AND VACATING OR RELINQUISHING ANY INTEREST THE CITY MAY HAVE IN A RAILROAD EASEMENT DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING THATALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.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 forth the procedure for vacating and abandoning streets, alleys, utilities or other property dedicated to the public use; and WHEREAS, Ronald Mastriana, Esq., for Sportsman Park Development duly petitioned the City Commission of the City of Dania Beach, Florida, for the vacation of certain waterline utility easements legally described as follows: ALL THAT PORTION OF THE 20' WATER LINE EASEMENT LYING WITHIN PARCEL "A" OF THE NCL PLAT, PLAT BOOK 150 PAGE 50, and, further, such petition also included a request for the vacation or relinquishment of any interest the City may have in a railroad easement, pertaining to land legally described in Exhibit "A", a copy of which is attached to this Resolution, which Petition the City is also wiling to grant, to the extent it has any interest in such easement; 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 June 27, 2000; RESOLUTION NO. 2000- 100 • 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 following waterline utility easements, to-wit: ALL THAT PORTION OF THE 20' WATER LINE EASEMENT LYING WITHIN PARCEL "A" OF THE NCL PLAT, PLAT BOOK 150 PAGE 50, and, further, such Petition also included a request for the vacation or relinquishment of any interest the City may have in a railroad easement, pertaining to land legally described in Exhibit "A", a copy of which is attached to this Resolution which Petition the City is also willing to grant, to the extent it has any interest in such easement. 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 JUNE 27, 2000. C.K. MCELY MAYOR - COMMISSIONER RESOLUTION NO. 2000- 100 ® ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES HERYL &APMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER MIKES- YES APPROVED AS TO FORM ND CORRECTNESS: BY: �� THOMAS J/ANSBR CITY ATTORNEY • RESOLUTION NO. 2000- 100 Sent By: MASTRIANA AND CHRISTIANSEN PA; 954 566 9219; Jul-17-00 2:41PM; Page 2/2 EXHIBIT .A" s the intersection of the south r bt begin at ii of way 11Aa of Crlffia Road per official llw�r4 Dank 9610, at page 716. of the 1"ubllc Records of irsvatd County. pleriM. aa4 esaE 07 07•63 ty r t '*I h ay ties of Crantor; thence 1004.00f t� aloe�g said %&@early right of way line for i Ch@nCe 8 S2 $2011" t for 50.00 fact, thence U 07*07439" g. aloes b fa a tine 50.00 fwet vest of cur parallel with said easterly right of vay line jot off Griffin R t aato a post se► said south right of t.sy linr dj thence S A7'47'39" w. •lone said south right of vay line, for l0.46 toot to a point of curvature; thepte essterly aloes a 3116.60-foot radius caree leadi" to the right. b"AS along said south right of tray tine of Criffix Dead. having h a centra 00'43'52" for an art distaAce of 39.77 feat ngle of to l . 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PRO X UTILITY EAMMENTS TO BE VACATED 9pc"u mg BASS PRO SAM DAMA i ii�'7�'$Pti�k a Mau 100 �e CITY OF DANIA BEACH Utilities and Public Works Dept. MEMORANDUM DATE: June 02,2000 TO: Larry Leeds, Growth Management Director FROM: Robert ,(Bud) Palm, Director of Utilities and Public Works SUBJECT: Water Easements I have no objection to vacating the old water line easements that were granted on the Long Star Plat . 954 566 9219 Sent By: MASTRIANA AND CHRISTIANSEN PA; 954 566 9219; Jul-17-00 2:40PM; Page 112 MASTRIANA & CHRISTIANSEN, PA ATTORNEYS AT LAW 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 www.nt-c-law,com Broward (954) 566-1234 Facsimile Numbers: Dade (954) 949-1234 Main{954} 566-1592 F-Mail: Steve@m-c-law-.com Direct (954) 566-9219 FAX COVER PAGE t DATE: July 17, 2000 TO Charlene Johnson City of Dania Beach, Deputy Clerk Fax 921-2604 RE. Bass Pro • FROM: STEPHEN V. HOFFMAN, Esq. Assistant: Tracey L. Winslow (Tracey@m-c-law.com) YOUSHOULD RECEIVE_2 PAGE(S). IF YOUDO NOT RECEI A L E pA GES, PLEASE CONTACT OUR OFFICE IMMEDIA TEL Y. TIL4NK YOU. COMMENTS: Attached please find the legal description for the RR Easement. We look forward to receiving the certified copy from you of the resolution for the termination of easements from the June 27`h meeting. i Thank you for all your cooperation! i • Thii fax contains privileged and confidential information intended only for the use of the addressee(s) named belo'v. if you are not the intended recipient of this fax,or the employee or agent responsible for delivering it to tie intended recipient, you are hereby notified that any dissemination or copying of this fax is strictly protiibited. if you received this fax in error, please immediately notify us by telephone and return the nriginal fax to us at the address above via U.S. Mail. Thank you. _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: 06/27/00 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -PETITION VC-31-00 - Request by Ronald Mastriana, Esq., for Sportsman Park Development for property located at 200 Gulfstream Rd., Dania Beach, FL 33004, to vacate the waterline easements which were dedicated for the specific purpose of "the operation and maintenance of underground waterlines" and which are no longer necessary. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Memorandum from Bud Palm Survey Resolution • Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date 06/20/2000 Growth Management Department City Manager Date • GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management RE: Vacation of Waterline and Railroad Easement (Bass Pro) DATE: June 27, 2000 Commission Meeting APPLICANT: Bass Pro Bass Pro has requested vacation of a waterline easement and railroad easement on the Bass Pro/Tanger Site. The attached sketch indicates the waterline easements. Bud Palm, Public Works/Utilities Director indicates no objection to the waterline easements. Staff is still researching the railroad easements issue. RECOMMENDATION To be presented at the City Commission meeting. Document3 GITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearinwill be June held before the Dania Beach City Commission on 27, 2000 at 7:30 p.m.,or as soon thereafter as possible,in the 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 a request, as follows: 1)Petition PL-20-00:Preliminary plat request by Craig ppA.Smith&Associates,representative for Jeffrey L.Hill,for Phipppeen R�rd hln the Citg of Daniof Beach.The prling ehmid- nary plat will be known as the'Westside Five'plat.Legally described:Block'C'of Geo.M.Phippen's Subdivision,as recorded In Plat book 2,pa 90 of the public records of Dade Countyy,Florida.Less that portion used for Phippen Road and Stirling Road right-of-way.Lying in the City of Dania Beach,Broward County,Florida.Containing 4.263 acres more or less. The title of the Ordinance reads as follows: AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TY BEING LOCAVING TED IN THE CITY OF DANIA ANDLEGARL- LY DESCRIBED IN EXHIBIT 'A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE: ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,HIGH- WAYS AND ALLEYS AS SHOWN ON SUCH PLAT O� 'EASTSIDE FIVE%PROVIDING FOR SEVERABILITY;FUR- THER, PROVIDING FOR AN EFFECTIVE DATE. 2)Petition VA-23-00:Variance request by Robert L.Mac- Laren Osborne&Osborne, PA representing the Owner, Nick tconomos, President Coed-Economos Properties, Inc.The reynest is for variances from Chapter 28,Zoning: 1)Article 5.22(h), to allow a six story building where a maximum five story building is permitted;2)Article 6.22,to allow no designated loading spaces(4 spaces required;3) Article 28.10, to allow 23 pervious area where 30a, is required;and 4)A variance request from Chapter 26 Veg- etation Section 26-48, 'Interior Landscaping',to allow a generalized variance from requirements relating to interior landscaping and landscape islands. The aforementioned variances are associated with the development of a 156 room 69 acres.Gardens' epnos�rtytes facility NortIt of StirlingRoad,on the East Side of SW 18th Ave.and South of SW site planDrequestfor ah156 room is in hotel facility . Legally described:That Portion of The W 1/2 of The SW 11/4 of The Se 1/4 of Section 33, Township 50 South, Range 42 East Broward County,Florida,More Particularly I Described.As Follows:Commencing At The SW Corner of I The W 1/2 of The SW 1/4 of The SW 1/4 of The Se 1/4 of Said Section 33; Run North 0 Degrees 43 Minutes 45 Seconds East And Along The West Boundary Line of Said W 1/2 of The SW 1/4 of The SW 1/4 of The Se 1/4, A Distance of 255.97 Feet To The Point of Beginning;Thence Continue On The Last Described Course A Distance of 412.72 Feet To The NW Corner of Said W 1/2 of The SW Degrefes 58 Minutes An 01 Seconds East And Along The North Boundary of Said W 112 of The SW 114 of The SW 1/4 of The SW 1/4,A Distance of 335.52 Feet To The NE Comer of Said W 1/2 of The SW 1/2 of The SW 1/4 of The SW 1/4 of The Be 1/4:Thence Run South 0 Degrees 46 ® 52 Bar W Minutes The SW 1/4 of The SW West And g1/4 of TEasheiSoo/4,Ad Distance of 358.90 Feet To A Point;Thence Run South 83 Degrees 06 Minutes 23 Seconds West, A Distance of Minutes 45t TSecwMs We t,ThenceDistanceof 172 0 FeeetrToo The Point of Beginning. Said Lands Situate In The City of Dania Broward County, Florida. Containing 129,062 Square Feet /2.9629 Acres, More Or Less. Subject To Easements, Restrictions, Reservations, Covenants, And Rlghts-of-Way of Record. 3) Petition VA-22-00: Request by Udo Weldauer, as President for Derecktor Gunnell,Inc.,for property located at 775 Taylor Lane, Dania Beach, Florida for a variance reest from Chapter 28.Zoning,Article 4.20 Schedule of L.I.t Yard and Bulk Regulations to allow a 55 foot high membrane structure where a maximum height of 35 feet is permitted in an IG zoned district. Legally described:All of Derecktor's South,According to the Plat thereof,as recorded in plat book 89 at page 21 of the public records of Broward County, Florida. 4) Petition VC-31-00: Request by Ronald Mastriana, Esq.,for Sportsman Park Development for property locat- ed at 200 Gultstream Rd., Dania Beach, FL 33004. to vacate the waterline easements which were dedicated for the specific purpose of-the operation and maintenance of underground waterlines' and which are no longer necessary. Legal description for water line easements to be aban- doned are as follows:All that portion of the 20'water line easement lyIng within parcel*A'of the NCL Plat,Plat Book 150 Page TKO. Copies of the pproposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach•Btvd.,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 m proposed petition. ay ap- pear at the public hearing and be heard with respect to the In accordance with the Americans With Disabilities Act. persons needing assistance to participate in any of these I proceedings should contact Sheryl Chapman,Administra-I five Services Director, 100 W. Dania Beach Blvd, Dania I Beach,FL 33004,(954)924-3630,at least 72 hours prior to I meeting. Any person who decides to appeal any decision made by I the City Commission with regard to any matter considered at this meeting or hearing will need a record of the pro-I ceedings 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 ap- peal is to based. Lou Ann Cunningham Planningg Technician June 16, 2000 CITY OF POMPANO BEACH, FLORIDA NOTICE OF PUBLIC HEARING P.H. #00-14YOU ARE HEREBY NOTIFIED of a Public gg before the UNSAFE STRUCTURESr AND HOUSING APPEALS BOARD of the City of Pompano Beach,Florida,on the 27th day of June, 20D0,at 5:00 P.M. in the City Commission Chamber Conference Room of the City Hall Complex at 100 West Atlantic Boulevard.This is a Public Hearing being held in accordance with the provisions of Section 202.10 og