HomeMy WebLinkAboutO-1964-462 c
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ORDINANCE N0.
AN ORDINANCE AMENDING THE ZONING
CLASSIFICATION OF THE PARCEL DESIGNATED
j HEREIN AS PARCEL ONE SO THAT SAID PARCEL
ONE SHALL HAVE C-1 ZONING CLASSIFICATION
AND MAY BE SPECIFICALLY USED AS A PLACE
OF BUSINESS FOR THE OPERATION OF A GASO-
LINE SERVICE STATION; AND AMENDING THE
ZONING CLASSIFICATION OF THE PARCEL
DESIGNATED HEREIN AS PARCEL TWO SO THAT
SAID PARCEL TWO SHALL HAVE C-1 ZONING
CLASSIFICATION EXCEPT THAT SAID PARCEL
TWO SHALL SPECIFICALLY NOT BE USED AS
A PLACE OF BUSINESS FOR THE OPERATION OF
A GASOLINE SERVICE STATION BECAUSE OF
PROXIMITY OF LOCATION TO PARCEL ONE; AND
AMENDING THE ZONING CLASSIFICATION OF
I THE PARCEL DESIGNATED HEREIN AS PARCEL
THREE SO THAT SAID PARCEL THREE SHALL
HAVE B-2 ZONING CLASSIFICATION; AND PRO-
VIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH BE RE-
PEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING THAT THE PASSAGE AND
ADOPTION OF THIS ORDINANCE IS EXPRESSLY
CONDITIONED UPON CITY OF DANIA RECEIVING
A CERTAIN RIGHT OF WAY ALONG OLD DIXIE j
HIGHWAY, DANIA, BROWARD COUNTY, FLORIDA; j
AND PROVIDING FOR AN EFFECTIVE DATE j
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA: ;
Section 1: That the following described parcel, designated as
parcel one, to wit,
PARCEL ONE:
That portion of the NE; of the NE; of the SWT' of
Section 3, Township 51 South, Range 42 East,
Broward County, Florida, described as follows,
to wit:
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] Beginning at a point on the westerly right-of-
way line of Federal Highway, U. S. No. 1, located
33 feet from the center line of said highway and
430 feet north of the south line of said NE; of the
A NE; of the SW; when measured along said right-
of-way line; thence run west parallel to the south
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line of said NE 115 feet; thence run north to the
south right-of-way line of Old Dixie Highway;
thence run northeast along said south right-of-
way line of Old Dixie Highway to its point of inter-
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section with the west right-of-way line of said
Federal Highway, U. S. No. 1, located 33 feet
from the center line of said Federal Highway, U. S.
j No. 1; thence south on the west right-of-way line
of said Federal Highway, U. S. No. 1 to the point
of beginning,
jbe and the same is hereby zoned under existing zoning classifications of
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City of Dania, Florida, to C-1 zoning classification. Specifically, said parcel
one may be used as a place of business for the operation of a gasoline service
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station as well as a place of business for the operation of any other type of
business permitted under C-1 zoning classification.
Section 2: That the following described parcel, designated as
parcel two, to wit,
PARCEL TWO:
That portion of the NE; of the NE; of the SWQ of
Section 3, Township 51 South, Range 42 East,
I Broward County, Florida, described as follows, to
wit:
1 Begin at a point on the westerly right-of-way
ii line of Federal Highway, U. S. No. 1, located 33
feet from the center line of said highway and 300
feet north of the south line of said NEW of the NE;
of the SW; when measured along said right-of-way
line; thence run north along said westerly right-of-
way line of said Federal Highway, U. S. No. 1, a
j' distance of 130 feet; thence run west parallel to the
I south line of said NE; 115 feet; thence run south
I along a line parallel to the west right-of-way line
of Federal Highway, U. S. No. 1, 130 feet; thence
run east parallel to the south line of said NE; 115
feet to the point of beginning,
be and the same is hereby zoned under existing zoning classifications of
City of Dania, Florida, to C-1 zoning classification except that said parcel
may not be used as a place of business for the operation of a gasoline service
station because of its proximity to parcel one. � I
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Section 3: That the followingdescribed Parcel) designated
P , grated as
parcel three, to wit,
PARCEL THREE:
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That portion of the NEB of the NE4 of the SW' of
Section 3, Township 51 South, Range 42 East,
Broward County, Florida, described as follows, to
wit:
j Begin at a point on the west right-of-way line
of Federal Highway, U. S. No. 1, located 33 feet
from the center line of said highway and 300 feet
north of the south line of the said NE; of the NE;
of the SWT when measured along said right-of-way
line; thence run west parallel to the said south line
of the said NE; 115 feet for the point of beginning;
thence run north along a line parallel to the west
' right-of-way line of said Federal Highway, U. S.
No. 1 to the point of intersection of said line with
the south right-of-way line of Old Dixie Highway;
thence run southwesterly along the south right-of- ,
way line of said Old Dixie Highway to its intersec-
tion with a line which is 300 feet north of and parallel
to the south line of said NE;; thence run easterly
along said line to the point of beginning,
be and the same is hereby zoned under existing zoning classifications of
City of Dania, Florida, to B-2 zoning classification.
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Section 4: That the promulgation of this ordinance has been as
the result of an application of Raymond A. Ross, Jr., who has or claims to
have some interest, or is acquiring some interest, in the parcels designated
herein as parcels one, two and three. In connection with such application,
said Raymond A. Ross, Jr., has agreed to be estopped from objecting to the
limitation in section two herein that parcel two, even though zoned C-1, may
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not be used as a location for a gasoline service station and this ordinance is
expressly
xP y passed on condition that sayd Raymond A. Ross, Jr., and his
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successors in title be so estopped. Further, the passage and adoption of
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this ordinance is expressly conditioned upon sayd Raymond A. Ross, Jr., I
and his wife giving and granting unto City of Dania, Florida, a right of way
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deed substantially in the form attached hereto as Exhibit "A".
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Section 5: That all ordinances or parts of ordinances in conflict
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herewith be and the same are hereby repealed to the extent of such conflict.
Section 6: That this ordinance shall automatically be in force
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and effect at such time as City Commission of City of Dania, Florida, passes
and adopts a resolution accepting a right of way deed from Raymond A. Ross,
Jr., and his wife substantially in the form attached hereto as Exhibit "A".
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PASSED AND ADOPTED on first reading this day of
1964.
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PASSED AND ADOPTED on second reading this ?_L day of
1964.
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PASSED AND ADOPTED on third reading this day of
1964.
Mayor-Commissioner
I Attest:
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Uaty Clerk-Auditor
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'I. ULAR u:Gr iUr[p y,5 VaT Orr,CG
FORM IRS FLO,:DA WARRANTY D TUT
LGD i0s
_ Tu///B Lv,vX
Pnnl.Pug/r,',/a'/S.RullJnd.i2
f `Te
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.,lladc t'ais
day of May
TI-2 "r '"1 ^V' -�^c.5' � a married mat'? joined by his
S
Wife hOS
,
of the Comely of Dade and Stolle of Florida
parties of tlae first part, and CITY OF DANLA- FLO_A
mu::c-.pwi 1G0VTest Beach �Gulevard, Dania
afcorlior'a.lroib c.ris•lin.f; under th.c lures of the State of Florida ,
havin.,% its Principal place of business in. the County of Broward and
State of Florida parry of the second part,
VTr=a;ZeUlq that the sub, Parties of ih.e fast part, for and in consideration
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T_ ,,r , „_, ollars,
--D c,+" the, Sam, of �n 0/100 (:;i G GO)-------------------
to tier=: in hu"d paid, t71e receipt iuhereof is hereby aC7Cn.o1V1edr;r;il, ha
�ranled, bar'(;abled, sold, aliened, r•e/)caseil, reloased, enfeolfed, come ed a cou-
fcrnaed and by these presents do �rauC bur,+ar/a, sell, alie/r•, remise, release,
enfeof", convey cnrc/ confirm, ztn.to the said early of tho, second licn•L and its sacces-
sort and rs's•b,'i s foi'ecer, all that certain parcel of land dyi 6 arrd being in the
C.ouraly of Broward and State r of Floida, more particularly
described cis follows:
That 10 foot parcel of land, arallel io, -of-wayting,line
oadjf i to, and
Southeasterly of, the Southeasterly rig
.^.t-Gi-Way line Of DLXLE �i1C�fi4✓ay,
ed parcel; That portion of the northeast
lying Within the following GESCr1D
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one-c- arter (NE ) of the Northeast one-quarter (I NE' ) OI the Southwest
one-CuartEr' (SW' ) Cf SECtiGil .:, '1'O`.Vn:r':1p G'1 South, R.arigv :2 East,
Broward County, i1lorida, w_ic h is dC-SCribed as I0iioii✓S, t0 w:t, beginningat a point on the Westerly line of Federal Highway U. S. NTo. 1,
. located 33 feet on^_ the ce nlcor line Of said highway and 350 feet North
OI the South line of said i\ol't:cast one-quarter (NET' ) GI Northeast one-
i rae d along said
Cjuar'LEr (Ni:�y) Of SGutiT7ESL one-quarter (SVd,) when i..cc.Si..T•E
right-Of-Way line; thence, i..:: `:';rest parallel t0 the South line of said
"Northeast one-quarter (jo;) So, feet; =:^_Gre Or less, to the Southerly
right-Gf-t^lay liriE Of t Cld �i?=ie t1g-.%V y; thence run Northeasterly
along said Southerly r'_0"::t-o -c✓'ay '_ire feet, more or less, to the
point of intersection with the said West rig.'it-cf-Way line of said Federal
•_ '.
Highway, thence run South along the Vest rid:^_t-o2-way line of Said
Federal -righway 2M feet, rao-re or less, to the Point of Beginning,
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- Florida.
said lands situate, lying and being in Eroward County)
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�o,���--�a with all the tr.irenrcrrls, her•edila:r7en.is and appcerlen-areces, zuit.7a
(',very privile"e, ri._1h.'t, title, bi.terest and ('slate, dotaer and ri_%%lrt of dower, reversion,
remainder and eusenaen.t th ,%-erelo belonodn or in anuivis•e, aAportairri.ny:
o EEzve a-TC1 10 EEC, t' an;e in fee Simple forever.
lnd the said part ies of the f/r t purl- do eoeenaar.t with the said party of
the Second pant t]itttheyare da. arty tei ed of the said premises, that they are
free of all incunzbran.ce, and tha they have o oed rijIbl aard laicfal authorilb
to sell the san2e; and that said parr es of first pant d0171 hereby fully ucllvarrt
iI the title to said land, and will do/'eucd tl & sane(' aLiceanst the lawful elui,nes Of all _
persons whomsoever.
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La QFJ0:leo$ �! i:T °°G%.ty the said part ies of the fast part' have hereu,
set their hands and seals the dart and year above written.
I i So.�ci, $e::.,,.i ..._.. D�.:ver..� ... OW "_•s� cc ,
E ymora r i ass,
!� -- Ass
Exhibit °AI!