HomeMy WebLinkAboutR-1974-047 r
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RESOLUTION NO. 47
A RESOLUTION MAKING CERTAIN FINDINGS REGARDING
THE HISTORY OF THE VACATION AND ABANDONMENT OF
A CERTAIN PUBLIC RIGHT OF WAY CONSISTING OF A
PART OF SOUTHEAST SECOND AVENUE, DANIA, BROWARD
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED IN
THE WITHIN RESOLUTION BUT GENERALLY TO THE EAST
OF THE EXISTING SIDEWALK AND TO THE WEST OF THE
WEST BOUNDARY OF TRACT B, DANIA DELMAR, ACCORD-
ING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
14, PAGE 73 , PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA; AND RATIFYING, CONFIRM-
ING AND APPROVING ALL PREVIOUS ACTIONS OF THE
CITY COMMISSION REGARDING THE MATTER; AND FINALLY
VACATING, ABANDONING, RENOUNCING AND DISCLAIMING
ALL OF THE RIGHT, TITLE AND INTEREST OF CITY OF
DANIA IN AND TO SAID PUBLIC RIGHT OF WAY; AND
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE
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j WHEREAS, Section 3, Article 3, Part IX, of the charter of
City of Dania provides for the general procedure of vacating and
- :� abandoning streets and public rights of way; and
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WHEREAS, in substance, an applicant for the vacation and
abandonment of a public right of way is required to submit a plat
(or survey) to the city commission of City of Dania which will show
the condition of the area after the vacation and abandonment; and
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WHEREAS, the applicant for the vacation and abandonment of
any part of a public right of way is required to make an initial
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1 application to the city commission for such vacation and abandon-
ment; and
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WHEREAS, the city commission is then obligated to forward the
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application to the city planning and zoning board for its recommenda-
tions; and
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WHEREAS, after the recommendation from the city planning and
1 zoning board, the city commission is obligated to hold a public
hearing at a regular meeting of the city commission (not less than
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15 days after the first presentation of the application) ; and I
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WHEREAS, at the conclusion of such public hearing, the city
commission may adopt a final resolution vacating and abandoning the
public right of way which is the subject of the application; and
WHEREAS, in early March, 1972, Maxwell Marks and Caroline Marks,
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husband and wife, made application to the city commission of City of
Dania for the vacation and abandonment of the following described
right of way, to wit:
Begin at the Northwest corner of Block
B, Resubdivision of Dania Delmar,
according to the plat thereof recorded
in Plat Book 14, page 73 , Public Records
of Broward County, Florida, said lands
situate, lying and being in Broward
County, Florida, as a point of beginning;
thence, West for a distance of 8. 5 feet;
thence, South for a distance of 129. 30
jfeet; thence, East for a distance of 8. 5
$ feet; thence, North for a distance of
129. 30 feet to the point of beginning,
with said area generally lying between
the East boundary of the East sidewalk on
S. E. 2nd Avenue, and the West boundary
of said Tract B, Dania Delmar;
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WHEREAS, at the time of such application, the applicants sub-
mitted a plat, or survey, dated October 2, 1968, prepared by Maurice
E. Berry II, Registered Land Surveyor, showing the condition of the
property before and after the proposed vacation and abandonment; and
WHEREAS, the application appeared as item 6 on the agenda of
the regular meeting of the city commission of City of Dania held on
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March 20, 1972, with the agenda item being reported as follows, to �
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wit:
d "6. Mr. Marks - City Attorney to
D present resolution" ;
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WHEREAS, item 5 of the minutes of the city commission of March
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20, 1972, show that the city commission gave preliminary approval to
the application and then referred the matter to the planning and
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11 and zoning board; and
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WHEREAS, item 5 of the minutes of the meeting of the city
commission of March 20, 1972, is quoted as follows:
j 115. The City Attorney read the resolution
to be adopted for Mr. Marks to gain owner-
ship of a right-of-way consisting in part
of S. E. 2nd Avenue. Commissioner Kelly
made a motion to adopt two resolutions,
one is a primary resolution turning it
over to the Planning and Zoning Board and
when they give their recommendations, then
the Commission can adopt the final resolu-
tion as read. Commissioner Salvino seconded.
There were five ayes" ;
and
WHEREAS, at the meeting of the planning and zoning board of
April 11, 1972, the planning and zoning board unanimously voted to
recommend that the right of way be vacated and abandoned; and
WHEREAS, item 2 of the minutes of the planning and zoning board
of April 11, 1972, is quoted as follows:
"2. Pursuant to the request of the City
Commission the resolution concerning the
vacation and abandonment of a certain
portion of S. E. 2nd Avenue was read. At
the conclusion of the reading a motion was
�. made, supported and sustained by unanimous
vote to recommend that the resolution be
adopted" ;
and
WHEREAS, the matter then came on by public hearing before the
city commission on April 17, 1972, with item 11 of the agenda of
the meeting of the city commission for April 17, 1972, being quoted
! as follows:
"11. Public Hearing - 6 : 95 P. M.
Maxwell and Caroline Marks. Abandon-
ment and vacation of a part of S. E.
2nd Avenue between S. E. Park Street
and S. E. First Street" ;
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and
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WHEREAS, at the conclusion of the public hearing a motion was
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made and carried unanimously to vacate and abandon the right of way
in question; and
WHEREAS, item 18 of the minutes of the city commission of April
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17, 1972, is quoted as follows:
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1118. Public Hearing 8 :45 P. M. Maxwell
and Caroline Marks. Abandonment and
vacation of a part of S. E. 2nd Avenue
between S. E. Park Street and S. E. First
Street. Commissioner Kelly moved that
this be passed. Commissioner Kay seconded.
There were four ayes" ;
and
WHEREAS, the city attorney has made a current report to the
city commission that he has been in the process of periodically
reviewing the agendas and minutes of all City of Dania meetings to
verify that his internal records, as city attorney, agree and coincide
with the related records maintained by the city clerk-auditor; and
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WHEREAS, the city attorney has reported to the city commission
that the records of the city clerk-auditor show the passage and
adoption of resolution 8 on March 20, 1972, which would be the pre-
liminary resolution adopted by the city commission; and
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WHEREAS, the city attorney has further reported that the records
of the city clerk do not show the adoption of the final resolution
which was adopted on April 17, 1972; and
WHEREAS, the omission in the records of the city clerk-auditor
appear to be in the nature of an oversight; and
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WHEREAS, the city commission wishes to adopt this further reso-
lution which shall serve to finally vacate the right of way in question
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and which shall confirm all earlier actions taken in the matter,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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� Section 1. The city commission of City of Dania does hereby
{ ratify and confirm all earlier actions taken by the city commission
of City of Dania regarding the vacation and abandonment of the
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following described right of way, to wit:
Begin at the Northwest corner of Block
B, Resubdivision of Dania Delmar,
according to the plat thereof recorded
in Plat Book 14, page 73, Public Records
of Broward County, Florida, said lands
situate, lying and being in Broward
County, Florida, as a point of beginning; j
thence, West for a distance of 8. 5 feet;
thence, South for a distance of 129. 30
feet; thence, East for a distance of 8. 5
feet; thence, North for a distance of
129. 30 feet to the point of beginning,
with said area generally lying between
the East boundary of the East sidewalk
on S. E. 2nd Avenue, and the West boundary
of said Tract B, Dania Delmar.
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Section 2. That the city commission does hereby find and
j determine that the vacation and abandonment of the aforesaid right
of way has been in strict conformity with the requirements of
Section 3, Article 3, Part IX. of the charter of City of Dania. �r
Section 3. That the city commission of City of Dania does
{ hereby vacate, abandon, renounce and disclaim all of the right, title
and interest of City of Dania in and to the following described public
�t right of way, to wit:
Begin at the Northwest corner of Block
i B, Resubdivision of Dania Delmar,
according to the plat thereof recorded
{ in Plat Book 14, page 73, Public Records
1 of Broward County, Florida, said lands
situate, lying and being in Broward
County, Florida, as a point of beginning;
thence, West for a distance of 8. 5 feet;
thence, South for a distance of 129. 30
feet; thence, East for a distance of 8. 5
feet; thence, North for a distance of
129. 30 feet to the point of beginning,
with said area generally lying between
the East boundary of the East sidewalk
on S. E. 2nd Avenue, and the West boundary
of said Tract B, Dania Delmar.
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Section 4. All resolutions or parts of resolutions in conflict
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herewith be and the same are hereby repealed to the extent of such
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conflict.
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j Section 5. This resolution shall be in force and take effect
immediately upon its passage and adoption.
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PASSED and ADOPTED this 18th day of February, 1974.
Mayor-Commissioner
Attest:
City Clerk-Auditor
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WALDDN AxD DuBow I
AT ORWE S Ai LAW
DANIA, FLOMDA 33004 '
CLARKE WALDEN '
ROBERT E. OUBOW January 31, 1974
(Dictated January 29, 1974)
Mr. Woodward M. Hampton
City Manager
City of Dania
Dania, Florida 33004
Re: Our file number M-149
City of Dania - inquiry of Maxwell
Marks and Caroline Marks, husband
and wife, concerning vacation of
right-of-way
Dear Woody:
Mr. and Mrs. Maxwell Marks owned the large tract facing S. E.
2nd Avenue in early 1972. Because the sidewalk did not abut the
west boundary of their property, there was actually approximately
8.5 feet of land *WVWS idewalk and the tract owned by Mr. and
i Mrs. Marks.
We have had a number of inquiries in recent years from persons
who want to buy public rights-of-way. Generally, the city does not
have the right to sell its streets (basically it can only abandon
any unneeded right-of-way and the title it then revert46 to the
adjacent owner) . �.
In connection with the matter, do not confuse the situation
with the recent Georgetown Manor transaction where the city sold
the old city hall site to Georgetown Manor, Inc. While the George-
town parcel was being used for street purposes, it had never been
formally dedicated as such.
With respect to the application of Marks, I do recall that
they made some voluntary contribution to the city at the time that
the city vacated the right-of-way.
As you know, I am making a periodic and in depth review, item
by item, of each agenda and of the minutes of the meetings during
recent years to make absolutely certain that my internal records
coincide with the somewhat informal records maintained by the former
city clerk in the year or so before he left office.
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We have noted certain minor discrepancies and I have reported
each of such discrepancies to you and to the city clerk. At the
conclusion of our review, I will make a summary report to the
City Commission so that it can take whatever action is necessary to
ratify, confirm or approve any discrepancies, all of which appear
to be of no serious consequence as of this date.
As to the Marks' vacation, I do note that we actually prepared
the preliminary resolution and the final resolution in about March
and April, 1972, when the matters were considered. The minutes of
one of the meetings show that both of the resolutions had evidently
been delivered to the City Commission.
I have a copy of the preliminary resolution which I am positive
that the City Commission adopted and which Mr. Clay identified as
resolution number 8. I do not seem to have a file copy of the final f
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WALDEN AND DU.EOW
Mr. Woodward M. Hampton Page Two
g January 31, 1974
resolution. At this point in time, the secretary was often deliver-
ing the file copy to the clerk so that he could assign a number to
same (as well as certify the copy) so that we could maintain some
degree of control. Nevertheless, the minutes do show the adoption
of the final resolution.
Mr. Jack Yeslow, a Hollywood attorney, represented Mr, and Mrs.
Marks in the early history of the matter. Mr. Yeslow is now deceased
and may have been deceased in early 1972 when the final resolution
was a that the tcity taker noYfurthere action lbecauselable, lweocouldereconcilegour
records with those of Mr. Yeslow.
However, because Mr. Clay' s records do not contain a final copy
of the resolution which was obviously available when the final action
was taken on the matter, I believe the better course in the particular
situation is that of having the present commission adopt a resolution,
in effect, confirming the action.
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Up to this point, I believe this is the only situation where I
have felt the present commission should take some specific action.
Obviously, the matter is of greater consequence where we are dis-
cussing a vacation of the city's interest in real property.
* I am advertising the matter for hearing before the commission
on February 18, 1974. ti
I enclose the following:
(1) Eopy of survey prepared by Maurice E. Berry II;
(2) Eopy of notice of hearing; and
(3) EoPY of proposed resolution.
I will assume the responsibility of advertising the matter.
The enclosures to Mrs . Mullikin are the original copies.
I am taking
the members ofn the hCity bCommission erty of nson
thatcthey willebelinformed.
Yours very truly,
Clarke Walden
CW/dms
Encls.
cc: (with original enclosures to)
Mrs. Wanda Mullikin V/
City Clerk-Auditor
City of Dania
Dania, Florida 33004
(with photocopies of enclosures)
Mayor-Commissioner Ted L. Kay Commissioner Frank C. Adler
202 N. E. First Court 259 S. W. 5th Street
Dania, Florida 33004 Dania, Florida 33004
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WA LD E N AND D U H OW
Mr. Woodward M. Hampton Page Three January 31, 1974
Commissioner Robert H. Duncanson Commissioner John J. Kay
227 S. W. 13th Street 222 N. E. 5th Avenue
Dania, Florida 33004 Dania, Florida 33004
Commissioner William E. Jackson
c/o Bill Jackson Appliances
305 West Beach Boulevard
Hallandale, Florida
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M-142
M-14 7
j M-149 '
{ Notes-April 17, 1972
Notes-March 20, 1972
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NOTICE OF HEARING BEFORE
CITY COMMISSION, CITY OF
DANIA, FLORIDA, REGARDING
THE ADOPTION OF A PROPOSED
ORDINANCE
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Notice is hereby given that the city commission of the City of
Dania, Florida, is conducting a public hearing at 8 : 30 P. M. , Monday,
February 18, 1974, to consider the adoption of a resolution which has
the following described title, to wit:
A RESOLUTION MAKING CERTAIN FINDINGS
REGARDING THE HISTORY OF THE VACATION
AND ABANDONMENT OF A CERTAIN PUBLIC
RIGHT OF WAY CONSISTING OF A PART OF
SOUTHEAST SECOND AVENUE, DANIA, BROWARD
COUNTY, FLORIDA, MORE PARTICULARLY DE-
SCRIBED IN THE WITHIN RESOLUTION BUT
GENERALLY TO THE EAST OF THE EXISTING
SIDEWALK AND TO THE WEST OF THE WEST
j BOUNDARY OF TRACT B, DANIA DELMAR,
ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 14, PAGE 73, PUBLIC RECORDS
^ OF BROWARD COUNTY, FLORIDA, SAID LANDS
SITUATE, LYING AND BEING IN BROWARD
COUNTY, FLORIDA; AND RATIFYING, CONFIRM-
ING AND APPROVING ALL PREVIOUS ACTIONS
OF THE CITY COMMISSION REGARDING THE
MATTER; AND FINALLY VACATING, ABANDONING,
RENOUNCING AND DISCLAIMING ALL OF THE
RIGHT, TITLE AI4D INTEREST OF CITY OF
DANIA IN AND TO SAID PUBLIC RIGHT OF
WAY; AND REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR
a...af' AN EFFECTIVE DATE. -
All persons objecting to the adoption of the aforesaid resolution
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should appear at the aforesaid hearing to present their objections. f�
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s WANDA MULLIKIN
City Clerk-Auditor
5 City of Dania
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Dania, Florida 33004
(Hollywood Sun-Tattler)
Published once only on
Friday, February 8, 1974.
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