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HomeMy WebLinkAboutO-1989-058 t Ifi ORDINANCE N0. 58-89 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS LOTS 10 AND 11 , BLOCK t 1 , WEST DANIA HEIGHTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 , PAGE 49, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE SOUTH 30. 75 FEET THEREOF, TOGETHER WITH LOT 12, BLOCK 1, LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE SE CORNER OF THE SE 1/4 OF SECTION 29 ; THENCE SOUTH 880 25' 04" WEST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 408 . 75 FEET; THENCE NORTH O10 34 ' 56" WEST, PERPENDICULAR TO LAST DESCRIBED COURSE, A DISTANCE OF 65. 08 FEET TO THE POINT OF BEGINNING; ALSO BEING THE BEGIN- NING OF A CURVE CONCAVE SOUTHERLY HAVING A TANGENT BEARING OF NORTH 870 02 ' 54" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 2337 . 83 FEET, A CENTRAL ANGLE OF O10 22 ' 10" , FOR AN ARC DISTANCE OF 55.88 FEET TO THE END OF SAID CURVE; THENCE N 38' 25' 04" EAST, ALONG A LINE 65 . 75 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DISTANCE OF 19 . 13 FEET; THENCE SOUTH O1' 30 ' 47" EAST, A DISTANCE OF 30. 75 FEET; THENCE SOUTH 880 25 ' 04" WEST, ALONG THE IORTHERLY EXISTING R/W LINE OF GRIFFIN ROAD, BEING 35 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DISTANCE OF 75 FEET; THENCE NORTH O1° 30 ' 47" WEST, A DISTANCE OF 30.75 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, TOGETHER WITH ANY INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT- OF-WAY; AND PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, the owners of that property described hereinbelow { have petitioned the City Commission to annex such property to the i City of Dania; and WHEREAS, the City Commission has determined that : a 1 . Such property, in fact, is owned by the petitioner, PETROL ENTERPRISES, INC . and no others , as evidenced by Opinion of i Title submitted by Ronald E. Shnider, Esquire , Deutsch and Shnider, P.A. , Attorneys At Law, dated August 18, 1989 , a copy of which is attached hereto as Exhibit A; and j 2. Such property is contiguous to the City of Dania, Florida, and 3• Such property is reasonably compact ; and 1 4. The annexation of such property will not result in the creation of an enclave ; and j WHEREAS, the City Commission has determined further that the i City can provide necessary municipal services to such property; k t . $art"''':.•:,.:..,.. .....�,_ . . ..__. T7 y and 4 WHEREAS, the annexation of such property will be in the best 9 S interest of the City of Dania and its residents . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the property described as : LOTS 10 AND 11 , BLOCK 1 , WEST DANIA HEIGHTS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 49 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THE SOUTH 30 . 75 FEET THEREOF, TOGETHER WITH LOT 12, BLOCK 1, LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE SE CORNER OF THE SE 1/4 OF SECTION 29 ; THENCE SOUTH 880 25' 04" WEST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 408 .75 FEET; THENCE NORTH 010 34 ' 56" WEST, PERPENDICULAR TO LAST DESCRIBED COURSE, A DISTANCE OF 65.08 FEET TO THE POINT OF BEGINNING; ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A TANGENT BEARING OF NORTH 870 02 ' 54" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 2337 .83 FEET, A CENTRAL ANGLE OF 010 22 ' 1011 , FOR AN ARC DISTANCE OF 55 . 88 FEET TO THE END OF SAID CURVE; THENCE N 881 25 ' 04" EAST, ALONG A LINE 65. 75 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 29, A DISTANCE OF 19. 13 FEET; THENCE SOUTH 010 30, 47" EAST, A DISTANCE OF 30. 75 FEET; THENCE SOUTH 880 25' 04" WEST, ALONG THE NORTHERLY EXISTING R/W LINE OF GRIFFIN ROAD, BEING 35 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE, OF SECTION 29, A DISTANCE OF 75 FEET; THENCE NORTH 01' 30' 47" WEST, A DISTANCE OF 30. 75 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, be and the same is hereby annexed to the City of Dania, Florida . Section 2 . That the boundary lines of the City of Dania , ,�.Jt", Florida, be and the same are hereby re-defined to include the land herein described . Section 3• That this ordinance shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation within the City of Dania , such publication to occur between the first and second readings hereof by the City Commission . Section 4. That a certified copy of this ordinance shall he filed with the Clerk of the Circuit Court of Broward County , Florida and with the Department of State of the State of Florida. Section 5 . That this ordinance shall be in force and take effect immediately upon its final passage and adoption. i PASSED and ADOPTED on First Reading on the loth day of f October, 1989. E I i a ( 1 W: 1 r 21 f fr F a Y F f�PASSED and ADOPTED on Second and Final Reading, on the 12th � f day of DECEMBER , 1989 . MAYOR - C04MI NER ATTEST: ANDA MULLIK N, CITY CLERK-AUDITOR APPROVED AS,,TO FORM AND CORRECTNESS By: !&j4' ,C' FRANK C. ADLER, CITY ATTORNEY i i ,I 3 t i f a 3 y�J i i i r� I iI i 1 i i I 1 • I ORDINANCE NO. 58-89 E r e � rt s5 7 F 7� i GEFALD S.DEUTBCH SUITE 100 RONALD E.SHNIDER C 6 S BANK BUILDING 7770 WESTOAKLAND PARK BOULEVARD STEVEN FINE.P.A. STEVEN FINE 42f<JG, TELEPHONE (305) 7422622 OF COUNSEL DADE 9492525 IRVING W. RUBIN FAX 13051 742-3I1i JUDGE.SUPERIOR COURT OF NEW JERSEY.RETIRED ADMITTED NEW JERSEY BAR ONLY August 18, 1989 City of Dania 100 West Dania Beach Boulevard Dania, Florida Re: Petrol Enterprises, Inc. Property: Lots 10, 11 and 12, Block 1, West Dania Heights according to the Plat thereof as recorded >.� in Plat Book23 Page 49, Less portion taken i in #82-9401 Gentlemen: i i Please be advised that I am an attorney duly licensed to practice law in the State of Florida. I have acted as counsel for Petrol Enterprises, Inc. with respect to its purchase of property known as: Lots 10 and 11, Block 1, West Dania Heights according to the Plat thereof as recorded in Plat Book 23, Page 49, Less portion taken in #82-9401. I As attorney for Petrol Enterprises, Inc. , I have examined title and the following sets forth all exceptions to the policy: 1. As to Lot 10: A. That certain first lien of mortgage given to Nellie Reilly dated 3/30/87 and filed 3/30/87 in Official Records Book 14296 at Page 914 Public Records of Broward County, Florida, in the original principal amount of $75,000.00. B. That certain Purchase Money Mortgage given to Jack Spudeas, dated 8/16/89, recorded 8/18/89 at Clerk 's File Number: 89332365 The original amount of $126,440.00-THIS MORTGAGE ENCUMBERS BOTH LOT 10 AND LOT 11 i Page two August 18, 1989 City of Dania t i d f C. Subject to the rights acquired by Broward County j pursuant to that suit for condemnation bearing Circuit Court Civil Action No. 82-9401, whereby Broward County, Florida acquired the South 30.75 feet of the subject property. i i D. Subject to an easement in favor of Florida Power and Light over the North 10 feet of the South 40.75 feet of the subject property which said easement is aerial in nature only and commences 14 to 16 feet above the existing grade level of the subject property, as recorded in Official Records Book 9606, Page 364, Public Records of Broward County, Florida. 3. As to Lot 11: ° A. That certain first lien of mortgage given to Pak's Food Store Inc. , a Florida Corporation dated 3/30/87 and filed 3/30/87, in Official Records Book 14928 Page 582 Public Records of Broward County, Florida S B. Subject to the rights acquired by Broward County pursuant to that suit for condemnation bearing Circuit Court Civil Action No. 82-9401, whereby Broward County, Florida acquired the South 30.75 feet of the subject property. C. Subject to an easement in favor of Florida Power and j Light over the North 10 feet of the South 40.75 feet of the subject property which said easement is aerial in nature only and commences 14 to 16 feet above the existing grade level of the subject property, as recorded in Official Records Book 9606, Page 364, Public Records of Broward County, Florida. i i oi f Page three j August 18, 1989 City of Dania I 4. As to Lot 12: A. Subject to the restrictions, reservations, easements and limitations on the plat of WEST DANIA HEIGHTS, as recorded in Plat Book 23, at Page 49 of the Public Records of Broward County, Florida. B. Easement to Florida Power and Light Company dated May 2, 1957 and recorded May 14, 1957 in O.R.Book 924, Page 208 of the Public Records of Broward County, Florida, with anchor and guide wires 1 foot west of the East line and 68 feet north of the South line of the subject property. I C. Easement to Florida Power and Light Company dated ` August 1, 1983 and recorded September 6, 1983 in O.R.Book 11115, Page 486 of the Public Records of Broward County, Florida. D. Temporary Road Easement recorded in O.R. Book 10777, Page 180 of the Public Records of Broward County, Florida, less that portion described in O.R. Book 10177, Page 179 of the Public Records of Broward County, Florida. Should you have any questions with regard to the above, please feel free to con- tact the undersigned. ..0 I V my y i i RES:st Ronald E. nider For the firm i - VN WN'a¢m'F�n-owaOFzOOwaOO mF''�U(FwL-aZ ar�'ogyap�,`•mm�po]uo LVf aZ'r 0xfLJ ¢ U Jz007atisFwLLW-mUwwZwaZF-GOF 6W 5zQwoO= U - ¢ w ZW NaFOZa¢UFOaOZ t d x< w -Z ¢N xU- o W mg jZOWzU FUZ -UOo 0¢ wto ~ 0 t i Om?� UOW � nOUO ~OwZLLOo ¢ 6o w.w3YwOwQ ¢ o 'oN0rn�^ ='9Vvo Y -aQ ,O,OW .0O J o Z aI Nu,N�m3W �O� d �� E OUo V. O gaOwy=-ys OJ0ZF- J xm� �zo_o E7 a aOcT"nrnU.v _0we. 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J 0 • V /1 00-M-51 N � o V \ a 4 co V � G r .- v oW a O Z N vV ~ N rora+cc Q ":9J H91BM VIllvo J90M; I l V N � / O � VT H •rH Cr�� r� .s CITY f+ OF DANIA Phone: 9218700 G W `I > 100 WEST DANIA BEACH BLVD, DANIA, FLORIDA t * 33004 �L IRIOP` October 12, 1989 Hollywood Sun Tattler Legal Advertisements 2600 N. 29th Avenue Hollywood, FL 33020 Attention: Kathleen Laughlin Dear Kathleen: Please publish the enclosed Notice of Public Hearing .� Friday, October 1�, October 29; October 27�and November Friday, i This Public Notice should be published one-quarter page with th on a e map shown beside the notice . If there is a problem with these dates, please call me immediately. Very truly yours , Wanda Mullikin , City Clerk /c5 mil.-a-.-y o d�•� encl . {Y I J