HomeMy WebLinkAboutR-1990-059 RESOLUTION NO. 59-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
VACATING THAT CERTAIN 15.00 FOOT WIDE ALLEY
LEGALLY DESCRIBED AS A PORTION OF THE
NORTHEAST 1/4 OF SECTION 3 , TOWNSHIP 51 SOUTH,
RANGE 42 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF LOT 9, GLEN LAUREN HOMES,
AS RECORDED IN PLAT BOOK 141 , PAGE 35 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
SAID POINT ALSO BEING THE POINT OF BEGINNING
OF THIS DESCRIPTION; THENCE S. 00°00 '00"W. (ON
AN ASSUMED BEARING) , A DISTANCE OF 624. 76 FEET
TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
S. E. 7TH STREET; THENCE S.89°58100"W. ALONG
THE SAID NORTH RIGHT-OF-WAY, A DISTANCE OF
15.00 FEET; THENCE N.00°00 '00"E. , ALONG THE
WEST LINE OF A 15.00 FOOT ALLEY, A DISTANCE OF
624 .77 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF SOUTHEAST 5TH STREET;
THENCE N.89058 ' 38"E. ALONG SAID RIGHT-OF-WAY
LINE A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING; LESS THE FOLLOWING DESCRIBED
PARCELS : PARCEL A: A PORTION OF THE "ALLEY"
AS SHOWN ON THE PLAT OF "GLEN-LAUREN HOMES" ,
AND RECORDED IN PLAT BOOK 141 , PAGE 35, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA,
BEING DESCRIBED AS FOLLOWS : BEGINNING AT THE
NORTHWEST CORNER OF LOT 7 , OF SAID
"GLEN-LAUREN HOMES" ; THENCE, SOUTH 00001 ' 22"
WEST (ASSUMED BEARING) ALONG THE WEST LINE OF
SAID LOT 7 , ( BEING THE EAST LINE OF SAID
"ALLEY" ) , A DISTANCE OF 3 . 59 FEET; THENCE,
SOUTH 53055 ' 33" WEST 18. 56 FEET TO THE WEST
LINE OF SAID "ALLEY" ; THENCE, NORTH 00'01122"
EAST ALONG SAID WEST LINE 6. 19 FEET; 'THENCE,
NORTH 53055 ' 33" EAST 17 . 55 FEET; THENCE, NORTH
89058 ' 22" EAST 0 .82 FEET TO THE EAST LINE OF
SAID "ALLEY" ; THENCE, SOUTH 00*01 ' 22" WEST
ALONG SAID EAST LINE 2. 00 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 93 SQUARE FEET, MURK
OR LESS ; PARCEL B: A PORTION OF A 15 ' ALLEY
RIGHT-OF-WAY, "GLEN-LAUREN HOMES" , AS RECORDED
IN PLAT BOOK 141 , PAGE 35 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING
AT THE NORTHWEST CORNER OF LOT 9 OF SAID PLAT;
THENCE, (ON AN ASSUMED BEARING) , S. 00000100"
W. , A DISTANCE OF 274. 92 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S. 00,00100" W. , A
DISTANCE OF 78 .00 FEET; THENCE N. 89°57 ' 54"
W. , A DISTANCE OF 15.00 FEET; 'THENCE N.
00-00100" E. , A DISTANCE OF 78 . 00 FEET; THENCE
Resolution No. 59-90
S . 89-57 - 54" E. , A DISTANCE OF 15. 00 FEET, TO
THE POINT OF BEGINNING; SAID LANDS SITUATE,
LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA; AND PARCEL C: A PORTION OF
THE "ALLEY" AS SHOWN ON THE PLAT OF
"GLEN-LAUREN HOMES" ; AS RECORDED IN PLAT BOOK
141, PAGE 35 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF
SAID "GLEN-LAUREN HOMES" ; THENCE, SOUTH
00°01122" WEST (ASSUMED BEARING) ALONG THE
WEST LINE OF SAID LOT 2, A DISTANCE OF 8 . 00
FEET; THENCE, SOUTH 89°58 '22" WEST 0. 76 FEET;
THENCE, NORTH 72°38 ' 34" WEST 14.92 FEET TO THE,
WEST LINE OF SAID "ALLEY" ; THENCE NORTH
00001 ' 22" EAST ALONG SAID WEST LINE 10 . 48
FEET; THENCE, SOUTH 72°38 ' 34" EAST 15 . 71 FEET
TO THE WEST LINE OF LOT 3 OF SAID "GLEN-LAUREN
HOMES" ; THENCE, SOUTH 00001 ' 22" WEST ALONG
SAID WEST LINE 2. 24 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 157 SQUARE FEET,
MORE OR LESS; SAID LANDS SITUATE, LYING AND
BEING IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR
' 1 PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 3 , Article 3 , Part IX, as amended, of the
Charter of the City of Dania , sets forth the procedure for
vacating and abandoning streets, alleys or other property
dedicated to the public use; and
WHEREAS, The Estate of Robert Graf and John Bartley, Jr.
duly petitioned the City Commission, City of Dania, Florida, for
16
the vacation of that certain alley legally described as follows :
A PORTION OF THE NORTHF.AtiT 1 /A n",
TOWNSHIP 51 SOUTH, RANGE. 42 EAST, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF LOT 9, GLEN LAUREN
HOMES, AS RECORDED IN PLAT BOOK 141, PAGE 35
OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE
S.U00001U011W. (ON AN ASSUMED BEARING) , A
DISTANCE OF 624 . 76 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF S. E. 7TH STREET;
THENCE S.89058 '00"W. ALONG THE SAID NORTH
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Resolution No. 59-90
J
RIGHT-OF-WAY, A DISTANCE OF 15 .00 FEET; THENCE
N. 00000100"E. , ALONG THE WEST LINE OF A 15 .00
FOOT ALLEY, A DISTANCE OF 624 . 77 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE 017
SOUTHEAST 5TH STREET; THENCE N. 89°58 ' 38"E.
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
15.00 FEET TO THE POINT OF BEGINNING; LESS THE
FOLLOWING DESCRIBED PARCELS: PARCEL A: A
PORTION OF THE "ALLEY" AS SHOWN ON THE PLAT OF
"GLEN-LAUREN HOMES" , AND RECORDED IN PLAT BOOK
141, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF LOT 7, OF
SAID "GLEN-LAUREN HOMES" ; THENCE, SOUTH
00001122" WEST (ASSUMED BEARING) ALONG THE
WEST LINE OF SAID LOT 7, ( BEING THE EAST LINE
OF SAID "ALLEY" ) , A DISTANCE OF 3 . 59 FEET;
THENCE, SOUTH 53 °55 ' 33" WEST 18. 56 FEET TO THE
WEST LINE OF SAID "ALLEY" ; THENCE, NORTH
00001 ' 22" EAST ALONG SAID WEST LINE 6 . 19 FEET;
THENCE, NORTH 53055 ' 33" EAST 17. 55 FEET;
THENCE, NORTH 89°58122" EAST 0. 82 FEET TO THE
EAST LINE OF SAID "ALLEY" ; THENCE, SOUTH
00001 ' 22" WEST ALONG SAID EAST LINE 2.00 FEET
TO THE POINT OF BEGINNING, AND CONTAINING 93
SQUARE FEET, MORE OR LESS; PARCEL B : A ~ 41
PORTION OF A 15 ' ALLEY RIGHT-OF-WAY,
"GLEN-LAUREN HOMES" , AS RECORDED IN PLAT BOOK
141 , PAGE 35 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCING AT THE
NORTHWEST CORNER OF LOT 9 OF SAID PLAT;
THENCE, (ON AN ASSUMED BEARING) , S. 00°00 ' 00"
W. , A DISTANCE OF 274 .92 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S. 00°00 ' 00" W. , A
DISTANCE OF 78. 00 FEET; THENCE N. 89057 ' 54"
W. , A DISTANCE OF 15.00 FEET; THENCE N.
00000 ' 00" E. , A DISTANCE OF 78. 00 FEET; THENCE
S. 89057154" E. , A DISTANCE OF 15.00 FEET, TO
THE POINT OF BEGINNING; SAID LANDS SITUATE,
LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA; AND PARCEL C: A PORTION OF
THE "ALLEY" AS SHOWN ON THE PLAT OF
"GLEN-LAUREN HOMES" , AS RECORDED IN PLAT BOOK
141 , PAGE 35 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF
SAID "GLEN-LAUREN HOMES" ; THENCE, SOUTH
00001122" WEST (ASSUMED BEARING) ALONG THE
WEST LINE OF SAID LOT 2 , A DISTANCE OF 8. 00
FEET; THENCE, SOUTH 89°58 ' 22" WEST 0. 76 FEET;
THENCE, NORTH 72°38134" WEST 14 . 92 FEET TO THE
WEST LINE OF SAID "ALLEY" ; THENCE NORTH
00001 ' 22" EAST ALONG SAID WEST LINE 10 . 48
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Resolution No. 59-90
J
FEET; THENCE, SOUTH 72°38 ' 34" EAST 15. 71 FEET
TO THE WEST LINE OF LOT 3 OF SAID "GLEN-LAUREN
HOMES" ; THENCE, SOUTH 00'01 ' 22" WEST ALONG
SAID WEST LINE 2. 24 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 157 SQUARE FEET,
MORE OR LESS; SAID LANDS SITUATE, LYING AND
BEING IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA;
WHEREAS, the City Commission referred said petition to the
City Planning and Zoning Board for its recommendation; and
WHEREAS, at the meeting of the Planning and Zoning Board held
on the 1st day of May , 1990, the Planning and Zoning
Board unanimously voted to recommend that the said alley not be
vacated and abandoned; and
WHEREAS, after publication of notice as required by Section
' 3, Article 3, Part IX of the Charter of the City of Dania , a
public hearing was held before the City Commission at its regular r
meeting held on the 22nd day of May , 1990 . f/
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania,
Florida, does hereby vacate, abandon, renounce and disclaim all of
the right, title and interest of the City of Dania in and to the
following street right-of-way, to-wit:
A PORTION OF THE NORTHEAST 1/4 OF SECTION 3,
TOWNSHIP 51 SOUTH, RANGE 42 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING
AT THE NORTHWEST CORNER OF LOT 9, GLEN LAUREN
HOMES, AS RECORDED IN PLAT BOOK 141 , PAGE 35
OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THIS DESCRIPTION ; THENCE
S .0000010011W. (ON AN ASSUMED BEARING) , A
DISTANCE OF 624 . 76 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF S . E. 7TH STREET;
THENCE: 5. 89058 ' 00"W. ALONG THE SAID NORTH
RIGHT-OF-WAY, A DISTANCE OF 15.00 FEET; THENCE
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Resolution No. 59-90
r
N.00000 '00"E. , ALONG THE WEST LINE OF A 15. 00
FOOT ALLEY, A DISTANCE OF 624 . 77 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
SOUTHEAST 5TH STREET; THENCE N. 89058138"E.
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
15.00 FEET TO THE POINT OF BEGINNING; LESS THE
FOLLOWING DESCRIBED PARCELS : PARCEL A: A
PORTION OF THE "ALLEY" AS SHOWN ON THE PLAT OF
"GLEN-LAUREN HOMES" , AND RECORDED IN PLAT BOOK
141, PAGE 35, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 7, OF
SAID "GLEN-LAUREN HOMES" ; THENCE, SOUTH
00-01122" WEST ( ASSUMED BEARING) ALONG THE
WEST LINE OF SAID LOT 7, (BEING THE EAST LINE
OF SAID "ALLEY" ) , A DISTANCE OF 3 . 59 FEET;
THENCE, SOUTH 53055 ' 33" WEST 18 . 56 FEET TO THE
WEST LINE OF SAID "ALLEY" , THENCE, NORTH
00001 ' 22" EAST ALONG SAID WEST LINE 6. 19 FEET;
THENCE, NORTH 53055133" EAST 17. 55 FEET;
THENCE, NORTH 89°58122" EAST 0 . 82 FEET TO THE
EAST LINE OF SAID "ALLEY" ; THENCE, SOUTH
00001 ' 22" WEST ALONG SAID EAST LINE 2. 00 FEET
TO THE POINT OF BEGINNING, AND CONTAINING 93 /
SQUARE FEET, MORE OR LESS ; PARCEL B: A 41
PORTION OF A 15 ' ALLEY RIGHT-OF-WAY,
"GLEN-LAUREN HOMES" , AS RECORDED IN PLAT BOOK
141, PAGE 35 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCING AT THE
NORTHWEST CORNER OF LOT 9 OF SAID PLAT;
THENCE, (ON AN ASSUMED BEARING) , S. 00 °00100"
W. , A DISTANCE OF 274 . 92 FEET TO THE POINT OF
*-� BEGINNING; THENCE CONTINUE S. 00000 ,00" W. , A
DISTANCE OF 78. 00 FEET, THENCE N. 89*57154"
W. , A DISTANCE OF 15. 00 FEET; THENCE N.
00000 '00" E. , A DISTANCE OF 78. 00 FEET; THENCE
S. 89057154" E. , A DISTANCE OF 15.00 FEET, TO
THE POINT OF BEGINNING; SAID LANDS SITUATE,
LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY,. Fr.OPT nn . r.,..
OF
THE "ALLEY" AS vSHOWN�r ON THE POPLATRTIN OF
"GLEN—LAUREN HOMES" , AS RECORDED IN PLAT BOOK
141 , PAGE 35 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF
SAID "GLEN—LAUREN HOMES" ; THENCE, SOUTH
00°01 ' 22 " WEST (ASSUMED BEARING) ALONG THE
WEST LINE OF SAID LOT 2, A DISTANCE OF 8. 00
FEET; THENCE, SOUTH 89°58 ' 22" WEST 0. 76 FEET;
THENCE, NORTH 72°38134" WEST 14 . 92 FEET TO THE
WEST LINE OF SAID "ALLEY" ; THENCE NORTH
00001 ' 22" EAST ALONG SAID WEST LINE 10 .48
FEET; THENCE, SOUTH 72038134" EAST 15. 71 FEET
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Resolution No. 59-90
TO THE WEST LINE OF LOT 3 OF SAID "GLEN-LAUREN
HOMES" ; THENCE, SOUTH 00001122" WEST ALONG
SAID WEST LINE 2. 24 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 157 SQUARE FEET,
MORE OR LESS; SAID LANDS SITUATE, LYING AND
BEING IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA;
Section 2 . That the City Commission does hereby find and
determine that the procedure for the vacation and abandonment of
the subject alley has been in strict conformity with the
requirements of Section 3 , Article 3, Part IX of the Charter of
the City of Dania.
Section 3 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby 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 this 22nd day of May , 1990.
M Y Rom- COMMISSJPNER
ATTEST:
CITY CLERK AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By: C.
FRANK C. ADLER, City Attorney
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Resolution No. 59-90
4 .7 City Attorney -Adler informed the Commission of a
request by John Bartley and the Estate of Robert Graf to
vacate a dedicated alley for property located between SE 5
Street and 7 Street on the west end of the Glen Lauren Plat .
Mr. Adler advised the Commission that if w they adopt
ill theve
be
resolution vacating this alley, the approval
subject to easements needed for a hammerhead at the end of
6th Street , two cross utility easements and that the alley
property will be divided equally between the people on the
east and west of the alley.
Paul Goldstein, representing the petitioner and owner ,
stepped forward to explain this request.
Mayor McElyea opened the public hearing. Several residents
in the area spoke in favor of the vacation of the alley.
Discussion continued regarding the proposed landscaping and
purpose that will be served with the construction of the
hammerhead. After Vincent Carroll spoke in opposition, the
Mayor closed the public hearing .
Commissioner Cook clarified that with the adoption of this
resolution, Mr. Goldstein has agreed to vacate the alley,
include a hammerhead and construct a 69 ' PVC fence with the
understanding that it will be subject to all utility
easements .
A motion was made by Commissioner Grace , seconded by
Commissioner Bertino to adopt the resolution (VC-31-90)
vacating the alley excluding that portion to be used for the
hammerhead subject to utility easements and the builder will
erect a 6 ' high 69 ' long PVC fence on the eastern border of
the hammerhead on the publicly owned property.
The motion passed on the following roll call vote :
Commissioner Bertino-yes Vice-Mayor Mikes-yes
ow
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
City Attorney Adler stated that the resolution will be
amended to include the stipulations mentioned in the motion.
Administrative Ordinances (second and final reading)
a, ,-oa,i flip. title of the ordinance for
4 . 1j City ALLUrtiey 11 1` ---
second reading amending Section 26-38 (a) (b) , Article III ,
Chapter 26 of the Code of Ordinances to increase the minimum
height of trees installed within the City from eight feet
high to twelve feet high.
Vice Mayor Mikes requested a 6 ' spread requirement be added
to 12' trees .
A motion was made by Vice Mayor Mikes , seconded by
Commissioner Cook to amend the ordinance to include a 6 '
spread on 12 ' trees . { 1 }
T)IC nY nn NIS c.a' ..n `11C' fC)11o"'r19 roll C: 11. `'()l:oi
.•.. "I 1 ,� U.11A' UL I
Commissioner Bertino-yes Vice-Mayor Mikes-yes
commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
A motion was made by Commissioner Cook, seconded by Vice
Mayor Mikan to adopt the ordinance an amended on cocond and
final reading.