HomeMy WebLinkAboutR-1981-403 �f
RESOLUTION NO. 403
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j A RESOLUTION REQUESTING FLORIDA DEPARTMENT OF
TRANSPORTATION TO CONVEY, DISCLAIM OR QUIT CLAIM
TO CITY OF DANIA ALL OF THE RIGHT, TITLE AND
INTEREST WHICH FLORIDA DEPARTMENT OF TRANSPORTA-
TION MAY HAVE IN AND TO ANY PORTION OF 51ST
STREET (ALSO KNOWN AS CAMBRIDGE STREET) WHICH
IS ADJACENT TO BLOCK 203 , AS SHOWN ON THE PLAT
OF HOLLYWOOD CENTRAL BEACH, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 20 ,
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID
LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY,
FLORIDA, LYING EAST OF OCEAN DRIVE AS SAME APPEARS
ON FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP,
SECTION NO. 8603-175 , WITH FLORIDA DEPARTMENT OF
TRANSPORTATION HAVING EARLIER ACQUIRED ITS INTEREST
IN A PART OF SAID STREET AS THE RESULT OF THE
ADOPTION OF RESOLUTION NO. 359 BY CITY COMMISSION
OF CITY OF DANIA, FLORIDA, ON AUGUST 26 , 1980 ;
jj AND FURTHER REQUESTING FLORIDA DEPARTMENT OF
TRANSPORTATION TO LEASE UNTO CITY OF DANIA FOR A
TERM OF TWENTY YEARS , OR WHATEVER LESSER TERM
MAY BE AGREEABLE TO FLORIDA DEPARTMENT OF TRANS-
; PORTATION, FOR A NOMINAL OR TOKEN CONSIDERATION,
A TRACT OF LAND LOCATED AT DANIA BEACH, DANIA,
BROWARD COUNTY, FLORIDA, CONSISTING OF APPROXI-
MATELY . 770 ACRES (33,533 SQUARE FEET) AND LO-
CATED AND SHOWN ON STATE ROAD DEPARTMENT RIGHT-
OF-WAY MAP, SECTION NO. 8603-175 , FOR PUBLIC
PARKING PURPOSES; AND PROVIDING THAT ALL RESOLU-
TIONS, OR PARTS OF RESOLUTIONS, IN CONFLICT HERE-
WITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING THAT THIS RESOLUTION
SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON
ITS PASSAGE AND ADOPTION
W I T N E S S E T H:
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That the RECITALS which show the background, basis , premises,
facts and circumstances which have led the City Commission of the
City of Dania, Florida, to adopt the within resolution are stated
for preliminary information purposes as follows :
(1) On August 26 , 1980 , the City Commission of City of
Dania adopted resolution no. 359 for the purpose of vacating cer-
tain rights of way at the area commonly known as Dania Beach, Dania,
Broward County, Florida.
(2) One of the rights of way which was vacated by resolution
no. 359 is described generally as that portion of 51st Street (also
known as Cambridge Street) which is adjacent to Block 203, HOLLYWOOD
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CENTRAL BEACH, according to the plat thereof recorded in Plat Book
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4 , page 20, Public Records of Broward County, Florida, said lands
situate, lying and being in Broward County, Florida (with a more
aprecise description appearing in the body of this resolution) .
(3) 51st Street (also known as Cambridge Street) was never
{ actually opened to the public as a through or open street subsequent
to the recordation of the plat of Hollywood Central Beach in 1924 .
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(4) City of Dania is the owner of the lands to the North of
the vacated street. Florida Department of Transportation is the
owner of the lands to the South of the vacated street. Under the
general laws concerning the effect of the abandonment of a street
which has been previously dedicated to the public, the North one
half of the abandoned street passes to the adjacent property owner
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to the North and the South one half of the abandoned streets passes
j to the adjacent property owner to the South.
(5) As the result of the application of the foregoing r_.
g g prin-
ciples of law regarding the acquisition of the title to an abandoned
public street, Florida Department of Transportation (the owner to
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the South) became the owner of that portion of the South one-half
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of the street as the result of the abandonment.
(6) Florida Department of Transportation has indicated to
City of Dania that it actually has no need for the abandoned street
right of way and that, as a matter of fact, it is willing to con-
sider conveying, disclaiming and quit claiming unto City of Dania
all of its right, title and interest in the abandoned street if
City of Dania will adopt a resolution requesting such conveyance.
(7) That one of the purposes of this resolution is to re-
j quest Florida Department of Transportation to convey the abandoned
right of way to City of Dania.
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(8) That in approximately 1964 , a building to display water
mammals and other sealife as a tourist attraction was constructed
{ on lands at Dania Beach as the result of a lease by the operator
of the tourist attraction with City of Dania. The building is
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sometimes known locally as the marinearium building. In later
years, the building was abandoned by the operator of the tourist
attraction and the site was then leased to a lessee using the site
to grow various species of commercial seafood. The building then
rybegan to be known as the Ocean Protein building. For the purposes
9 of this resolution, the building is informally referred to as the
{ "marinearium-Ocean Protein building. " The building has had no
actual use for many years and is now in a state of abandonment.
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(9) At or about the time of the construction of the marine-
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arium-Ocean Protein building in approximately 1964 , City of Dania
mistakingly thought that it owned a parking area to the South of
{ the building. The said area had earlier been paved and used for
public parking purposes. However, upon investigation, City of
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Dania determined that it did not own the parking area and that,
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as a matter of fact, the area was owned by Florida Department of
►� Transportation.
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(10) The area is sometimes referred to in this resolution
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as the DOT public parking area although, in the body of the reso-
lution, an exact legal description appears .
(11) City of Dania has requested Department of Transportation
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to lease the DOT public parking area to City of Dania to be used by
the city for public parking purposes. Florida Department of Trans-
portation has indicated a willingness to lease the area to City of
Dania for public parking purposes , for a nominal or token considera-
tion. Florida Department of Transportation has not indicated to
the city the exact term of years but City of Dania understands that
Florida Department of Transportation may be willing to lease the
area to City of Dania for a term of twenty years and, if not twenty
years , for a lesser term.
(12) In order to handle the request of City of Dania on a more
formal basis , Florida Department of Transportation has indicated to
City of Dania that it must adopt a resolution requesting such a
form of lease.
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(13) That the remaining purpose of the resolution is that of
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requesting Florida Department of Transportation to grant the lease .
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NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
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OF CITY OF DANIA, FLORIDA:
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Section 1 . City of Dania hereby requests Florida Depart-
ment of Transportation to convey, disclaim and quit claim to City
of Dania, a Florida municipal corporation, all of the right, title
and interest which Florida Department of Transportation may have
{ in and to any portion of 51st Street (also known as Cambridge Street)
which is adjacent to Block 203, as shown on the plat of HOLLYWOOD
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i CENTRAL BEACH, according to the plat thereof recorded in Plat Book
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4, page 20 , Public Records of Broward County, Florida, said lands
9 situate, lying and being in Broward County, Florida, lying East of
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Ocean Drive as same appears on Florida State Department Right-of-
Way Map, Section 8603-175.
Section 2. That City of Dania hereby requests Florida De-
partment of Transportation to lease to City of Dania, for a nominal
or token consideration and for a term of twenty years (or whatever
lesser term is agreeable to Florida Department of Transportation)
an area at Dania Beach, Dania, Broward County , Florida, located
generally to the South of the marinearium-Ocean Protein building
and on condition that same be used for public parking purposes.
The legal description of the lands to be the subject of the lease
is more particularly set forth as follows :
That portion of State Road A-1-A right-of-way as shown on the
State Road Department Right-of-Way Map, Section No. 8603-175, described
j as follows:
Beginning at the Southeast corner of Block 203 of "HOLLYWOOD CENTRAL
BEACH", as recorded in Plat Book 4, page 20, of the public records of I
Browary County, Florida; thence, run S.0020'45"E. on an assumed bearing
40 feet to a point on the South right-of-way line of FIFTY FIRST STREET
(Cambridge St.) as shown on said plat of "HOLLYWOOD CENTRAL BEACH", said
South right-of-way line also being a northerly right-of-way line of said
State Road A-l-A; thence, West along the last described line 204.57 feet;
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thence, S.22055' 21"E. 52.38 feet; thence, S.46043' 39"E. 62.84 feet;
thence, S.54003' 15"E_ 182.25 feet; thence, N.16044'48"E. 134.52 feet;
thence, N.8053'59"E. 98.12 feet to a point of curvature; thence, North-
easterly along a 15 foot radius curve to the right, through a central angle
of 88013 ' 56" , an arc distance of 23.10 feet to a point of tangency on a
northerly right-of-way line of said State Road A-1-A; thence, N.82°52 ' 05"W.
along the last described line 80'.54 feet to the East line of said Block
203; thence, S.0127 ' 25"W. alohg said East line 10 feet to the Point of
Beginning. _
Said lands containing 0.770 acres (33,533 square feet) , more or less.
Section 3 . That all resolutions, or parts of resolutions,
in conflict herewith are hereby repealed to the extent of such con-
flict.
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Section 4 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
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PASSED and ADOPTED this 28th day of July,; 1981.
Mayor-Commissioner
Attest:
City Clerk-Auditor
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