HomeMy WebLinkAboutR-1999-024 r
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RESOLUTION NO. 24-99
A RESOLUTION APPROVING A VARIANCE REQUEST BY THE GRAVES
MUSEUM OF ARCHAEOLOGY AND NATURAL HISTORY, INC., FROM
CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET
PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 481 SOUTH
FEDERAL HWY., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 6.21,
Schedule of Off Street Parking Requirements, sets the criteria for the number of parking
spaces required for businesses; and
WHEREAS, the Graves Museum of Archaeology and Natural History, Inc., owner
of property located at 481 South Federal Hwy., Dania Beach, has applied for a variance
which would reduce the number of required parking spaces by 15 spaces; and
WHEREAS, the Planning &Zoning Board on January 20, 1999, recommended that
the City Commission grant variance request VA-04-99 based upon the criteria set forth in
section 10.13 of Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City
of Dania Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-04-99, for a variance from Chapter 28,
Zoning, Article 6.21, Schedule of Off Street Parking Requirements, of the Dania Beach
Code of Ordinances, a copy of which is attached hereto and made a part hereof as Exhibit
"A" be and the same is hereby approved, and the appropriate city officials are hereby
directed to execute same.
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Section 2 . That it is further understood by the Graves Museum of Archaeology and
Natural History, Inc. that the City may require, at the time of Site Plan review, ten (10)
additional trees for a planning basis, a landscape buffer exceeding code requirements to
protect the adjoining residential community, and that all buses will not be allowed to idle
engines in the parking lots of the museum.
Section 3 . That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.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 THIS 10th DAY OF FEBRUARY, 1999.
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MAYOR-COMMISSIONER
ATTEST:
/ :L- C
CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
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AGENDA REQUEST FORM
CITY OF DANIA
Date: 02-03-99 Agenda Item#:
Title:
VA-04-99-VARIANCE REQUEST BY THE GRAVES MUSEUM
't a I
Requested Action:
PUBLIC HEARING-APPROVAL OF VARIANCE FROM PARKING REQUIREMENTS
Summary Explanation&Background:
THE PETITIONER WOULD LIKE TO REDUCE THE REQUIRED NUMBER OF PARKING
SPACES BY 15 SPACES IN CONJUNCTION WITH THE RENOVATION AND ADDITION TO
THE EXISTING MUSEUM AND CONSTRUCTION OF A NEW PARKING LOT TO THE EAST.
Exhibits (List):
RESOLUTION
MEMORANDUM FROM TERRY L. VIRTA,AICP, GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
LOCATION MAP
APPLICATION&LETTER FROM PIERCE ARCHITECTURAL GROUP, PA
SITE PLANS FOR PARKING AREA
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD ON JANUARY 20, 1999
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
City Manager City Clerk
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RESOLUTION NO. -99
A RESOLUTION APPROVING A VARIANCE REQUEST BY THE GRAVES
MUSEUM OF ARCHAEOLOGY AND NATURAL HISTORY, INC., FROM
CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF STREET
PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 481 SOUTH
FEDERAL HWY., DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning,Article 6.21,
Schedule of Off Street Parking Requirements, sets the criteria for the number of parking
spaces required for businesses; and
WHEREAS, the Graves Museum of Archaeology and Natural History, Inc., owner
of property located at 481 South Federal Hwy., Dania Beach, has applied for a variance
which would reduce the number of required parking spaces by 15 spaces; and
WHEREAS, the Planning &Zoning Board on January 20, 1999, recommended that
the City Commission grant variance request VA-04-99 based upon the criteria set forth in
section 10.13 of Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City
of Dania Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-04-99, for a variance from Chapter 28,
Zoning, Article 6.21, Schedule of Off Street Parking Requirements, of the Dania Beach
Code of Ordinances, a copy of which is attached hereto and made a part hereof as Exhibit
"A" be and the same is hereby approved, and the appropriate city officials are hereby
directed to execute same.
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Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS DAY OF 1999.
MAYOR-COMMISSIONER
ATTEST:
CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: VA-04-99 Graves Museum Variance Request
Date: February 3, 1999
The Graves Museum is undergoing a renovation of its existing facilities and an
expansion to the second floor of their structure. In conjunction with their improvements
they are requesting a two-part variance. The first part would be to allow them to proceed
with their renovation and expansion with no change to their existing parking. The second
part of their request is to develop an expansion to their parking lot but with the total parking
count being 15 less than would be required under the zoning ordinance.
In a letter provided by their architect, Vernon Pierce, it is pointed out that the
additional space will not be fully utilized for about two years while the museum staff
constructs the displays. Additionally, they point out that the existing parking facilities are
under utilized presently. This is primarily due to the fact that the majority of their visitors
are school-aged children who are brought to the museum via school bus.
The parking standards in the zoning code do not have a specific requirement for
museums. The parking need is determined by reviewing the different areas of the museum
as uses most similar to the activity actually taking place. In this case it can be argued,
based upon actual usage, that the requirement works out to be higher than necessary.
That requirement creates a hardship which is not of the applicants creation.
RECOMMENDATION
Staff recommended that the Planning and Zoning Board find that the applicant has
met the tests contained within the Zoning Ordinance for determining a hardship. The
Planning and Zoning Board in turn recommends to the City Commission that they approve
this request.
Dowmanl5
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NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA
REGARDING THE FOLLOWING
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN the City of Dania Beach Planning and Zoning Board on January 20, 1999 at
,
7:30 p.m., or as soon thereafter as the matter may be heard, will conduct a public hearing in the City
Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach,
Florida, to consider the following proposed request for variance:
Petition No. VA-04-99 - Request by Pierce Architectural Group representing the Graves Museum of
Archaeology and Natural History, Inc., for a variance from Chapter 28 Zoning, Article 6.21 Schedule of Off
Street Parking Requirements. The petitioner would like to reduce the required number of parking spaces by
15 spaces, in conjunction with the renovation and addition to the existing museum and construction of a new
parking lot to the east.
Property is legally described as: PARCEL 1 - LOTS 10, 11, 14 AND 15, BLOCK 2, HOLLYWOOD CENTER
AMENDED, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH PARCEL 4 - THE WEST 199 FEET OF THE
NORTH %]OF THE SOUTHWEST''/.OF THE SOUTHWEST%.OF THE NORTHEAST%OF SECTION 3, TOWNSHIP 51
SOUTH, RANGE 42 EAST, LESS THE NORTH 75 FEET AND THE SOUTH 163.84 FEET THEREOF; AND LESS THE
WEST 49 FEET FOR ROAD RIGHT-OF-WAY. TOGETHER WITH PARCEL 6-THE NORTH '/, OF THE SOUTHWEST
%.OF THE SOUTHWEST%OF THE NORTHEAST%.OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS
THE EAST 450 FEET AND LESS THE SOUTH 163.84 FEET AND LESS THE WEST 199 FEET AND LESS THE NORTH
25 FEET FOR ROADWAY PURPOSES. ((ALSO KNOWN AS (PARCEL 5 ) THE NORTH 'h OF THE NORTH %OF THE
SOUTHWEST''/.OF THE SOUTHWEST''/. OF THE NORTHEAST''/. OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE
12 EAST, LESS THE WEST 199 FEET AND THE EAST 450 FEET THEREOF, AND LESS THE NORTH 25 FEET FOR
ROAD RIGHT-OF-WAY.)) TOGETHER WITH PARCEL 2-LOT 1, HOLLYWOOD CENTER REVISED,ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, AT PAGE 15, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA. TOGETHER WITH PARCEL 3 - THE NORTH 75 FEET OF THE WEST 199 FEET OF THE
NORTH % OF THE SOUTHWEST % OF THE SOUTHWEST ''/.OF THE NORTHEAST Y. OF SECTION 3, TOWNSHIP
51, SOUTH, RANGE 42 EAST BROWARD COUNTY, FLORIDA, EXCEPTING THEREFROM THE WEST 49 FEET AND
THE NORTH 25 FEET FOR ROAD RIGHT-OF-WAY. TOGETHER WITH LOT 2 HOLLYWOOD CENTER REVISED
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, AT PAGE 15, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA. TOGETHER WITH LOT 3, HOLLYWOOD CENTER REVISED ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, AT PAGE 15, OF THE PUBLIC RECORDS OF BROWARD
COUNTY FLORIDA. SAID LAND SITUATE IN THE CITY OF DANIA BROWARD COUNTY FLORIDA.
Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West
Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday.
Interested parties may appear at the public hearing and be heard with respect to the proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
33004, (954) 921-8700 ext. 202, at least 72 hours prior to meeting.
Any person who decides to appeal any decision made by the City Commission with regard to any matter
considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to
ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
Lou Ann Cunningham Location map on back
Administrative Assistant
PM VA-0-99 GRAVES MUSEUM
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CITY OF DANIA
-20 'WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
APPL 1��-CLf-1`1
ICAT::•:
DATE FILED 12/16/98
APPLICATION FOR VARIANCE
The coda rs ec❑e;i -ions the
Florid City Commission of the City of Dania,
a tr -cr.s:cer- t^.e variance of the parcelfs) of land described in
this aoplc_atton.
NAME ;-RAVES PIDSEUNI OF ARC7IAFpLO(,y AbID NATURAL HISYCIRY, INC.
ADDRESS OF APPL?CANT:_�., -aca GH AY
004 PHONE: 954-925-7770
PROPERTY =NTEREST OF APPLICANT:
CNi4E�
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) : N/A
ADDRESS A:;D L.Z;_ DESCRIPTION OF SUBJECT PROPERTY:
fEE ATTACHED LEGAL DESCRIPPION
ZONING CLASSIF?CATION: ZONING CLASS DANIA 220' X
- S = C_3 LOT SIZE: ,,, AREA:
PRESENT USE: •,ni can - ---- an o7n c c,
DESCRIPTIJI; ..:_ !•A7*„NCE(S) REQUESTED: ccc•
amrnrs= -
LIST Tye -.hD ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ARCHITECT, .'ERNON PIERCE
300 N.E. 3rd AVENUE, SUITE 300
RATER� ED" N.E. 26th STREET SUITE 4
PLEASE ^••o•_ TAUDERDAL FL 33305
"'!IE ?CRTI ON OF REpUEST ?-., _ !'4R*_:ICY THE APPLICATION CAREFULLY. EACH
ANY cTH_o_;^v�_,_,: 'UST STAND ON ITS OWN MERITS WITHOUT REGARD TO
'he _ ,�s ?ertain to the criteria upon which the City
COMM, . _aootng and Zoning Board consider if a variance will
lot _o the public interest where, g to special
condi tiene, _ -_ eras enforcement of the zoning of win
will :es°-= - 9 the zoning code
-���,-cessary and undue hardship.
-escr:__ .. soaciai conditions and circumstances exist which are
_and structure or buildinginvolved and which are
__ structures or buildings in the same
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2. Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
SEE ATTACHED LETTER
3. Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code to Other lands, buildings or structures in this same
zoning -iistrict.
SEE ATTACHED IF=
4. Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
SEE ATTACE® EMIER
5. Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
SEP. ATIA TT•+mR.9
6. Explain how the grant of the variance(s) will be in harmony with
the general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area involved or other-
wise detrimental to the public welfare.
IETTER
7. Please add any other eomments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
SEE ATTACHED LEPTFR
NOTE: iLL SIGNATURES .MUST BE NOTARIZED BY ORDER OF THE DANIA
'ITY CCMMissiON. GRAVES MUSLIIP OF ARCHAEOLOGY AND
NA II Y
Signature of sit ner
ROBFRT P. I M 1)
_worn ct and auosc::cet :;e fore me th ;lE of —iv .9
Commission E.enires:
tERRLyNN00T50N
7 NVCON41SSpNICC 717Q8
EMPIPES:Na pa.ppl
E ma 0PZ4A4 rase uiww,n
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FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
r THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE
AUTHORIZED TO MAKE AND FILE THE
AFORESAID PETITION FOR VARIANCE. MU OF ARCHAEOLOGY AND
1 i 7!r INC.
nature of Own IT
ROB, P KELLEY 481 S. FEDERAL HIGHWAY Aq. gpE DIP
DANIA BEACH FL 33004
Street Address, City, state 6 Zip
_9sa_a�s inn
Telephone
Sworn to and subscribed before me this L5 day of b6r 19 q1y
Notary PuD,lcles Commiss Tres:
.'�1 >rnurr«aolepl
�mmm
x xar
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey Fee
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S 3ROWT4 .MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
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PIERCE ARCHITECTURAL GROUP, P.A.
ARCHITFCTURF INfERIOR DESIGN tiPACF PLANNING B
December 16, 1998
Variance Board
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
Re: Parking Variance for
Graves Museum
Dear Sirs,
The Graves Museum is requesting a parking variance which has two components.
Component"A" is a delay in complying with required parking spaces. The museum, within
24 months of obtaining a Certificate of Occupancy for it's current renovation and expansion
program (assumes Certificate of Occupancy date of October 1999),will begin construction
of the new parking lot to the east and an addition to the south lot (see included master
parking plan ). These two areas will increase existing parking by 61 spaces. Component
"B" is a request to reduce the number of spaces ultimately (as outlined in Component "A"
above) required under current code by 15 spaces. Please refer to Table "A" below.
TABLE "A"
Total current parking spaces provided 104
Total future parking spaces required 180 "
Requested reduction (spaces) 15
Total future parking spaces provided 165 "
•1 As Calculated by Terry Virta
.Z Per master parking plan-implementation to begin October 2001
Background Information:
The current 104 parking spaces serve not only the museum itself but also the Broward
County Library Branch located on the southern end of the structure. The library is a tenant
of the museum. Typically, the current parking lots are under-utilized. (see attached
photographs of lots at peak business hours). This under-utilization is because of the level
of museum attendance and, more importantly, due to the fact that the majority of users are
school-aged children who arrive by bus.
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City of Dania
Parking Variance
December 16, 1998
Page 2
The Graves Museum has recently received a $500,000 grant which may be used on the
existing structure. Since there are many code violations and life safety issues regarding
the existing building, it is felt that the first priority must be to fix these deficiencies and to
bring the building into code compliance. The remaining funds would be used to expand
the museum into the second floor which is currently vacant. The second floor expansion
is considered by the Grave's Board to be vital to the museum's future. The cost of these
deficiencies and the minimal expansion are such that it does not also allow for the
demolition and the construction of new parking lots on the east side. It was previously
pointed out that the current lots are under-utilized so that the imposition on neighboring
parking would be unlikely, if any.
It will require a minimum of 18 to 24 months beyond the Certificate of Occupancy in
October 1999 to raise the funds, design and construct the exhibits (all exhibits are built-in
house with limited staff) in the newly expanded second floor, so there is no parking
consequence' for the period of the extension requested. The Board of the Graves
Museum feels that the extension period will allow them time to raise the funds through
grant, donations and other means to construct the lots as proposed in the master parking
plan.
We would appreciate your cooperation regarding this matter as the Graves Museum is a
community treasure and desperately needs the City's cooperation and assistance to make
this renovation program a success. We are very grateful for your assistance and flexibility
regarding this matter.
Sincerely,
Vernon J. Pi
Principal Project Architect
VJP/sd
cc: Terry Virta
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PIERCE ARCHITECTURAL GROUP, PA.
A RCHI IECTURE INTERIOR DESIGN SPACL PLANNING
December 15, 1998
Terry Virta
Growth Management Director
City of Dania
100 W. Dania Beach Blvd.
Dania, FL. 33004
Re: Graves Museum
Dear Terry,
Per your phone call to us on Tuesday December 15, 1998, it is our understanding that you
agreed with our parking calculations. The total parking required is 180 spaces. This number
includes 152 spaces required for the museum and 28 additional spaces for the library.
If this is different from your understanding or recollection, please let us know as soon as
possible. We are using this information in our submittal for Variance on December 16, 1998
as the official parking count, as reviewed by the city of Dania.
Sincerely,
Adriana A. Finnvold
'1)1) 'r-1 b.onw+•lUite 300•Hrrt Lauaemale, I I. ?3301 • .,:.h_0-41,hd
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LEGAL DESCRIPTION
THEREOF 1AS LRECORDED 11.
1N PLAT BOOK 9, PAGE 43, OF THE PUBLIC CENTER E RECORDS Of BROWARD COUNTD?, ACCORDING TO Y,FLORIDA.
TOGETHER WITH
ST
THE SOUTH
THE NORTHEAST 199 FEET
OF THE
TOWNSHIP H51 1/2
SOUTH, RANGE 4 2WEEAST,/LESSFTHE NORTH 7 EST 4 THE OF
5 FEET AND
THE SOUTH 163.84 FEET THEREOF: AND LESS THE WEST 49 FEET FOR ROAD RIGHT-OF-WAY.
TOGETHER WITH
(PARCEL 6) THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4
OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 42 EAST. LESS THE EAST 450 FEET AND LESS THE SOUTH
163.84 FEET AND LESS THE WEST 199 FEET ANDO ESSIT2EONOR HH NOR FEET
TH %2 OF ROADWAY
HE PURPOSES. OF TH:
((ALSO KNOWN AS: (PARCEL 5) -----
S^11THWES7 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE
199 FEET AND THE EAST 450 FEET THEREOF, AND LESS THE NORTH 25 FEET FOR ROAD RIGHT-OF-
TOGETHER WITH
(PARCEL 2) LOT 1, ?HOLLYWOOD CENTER REVISED? ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 24, AT PACE 15, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
TOGETHER WITH
(PARCEL 3) THE NORTH 75 FEET OF THE WEST 199 FEET OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 42 EAST,
BROWARD COUNTY, FLORIDA, EXCEPTING THEREFROM THE WEST 49 FEET AND THE NORTH 25 FEET FOR
ROAD RIGHT-OF-WAY.
TOGETHER WITH
LOT 2, ?HOLLYWOOD CENTER REVISED? ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 24, AT PAGE 15, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
TOGETHER WITH
LOT 3, ?HOLLYWOCO CENTER REVISED? ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 24. AT PAGE 15, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
SAID LAND SITUATE IN THE CITY OF DANIA, BROWARD COUNTY. FLORIDA.
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