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Home My WebLink AboutR-1999-032�, -� i' i 4 r ;.. ' r -1 RESOLUTION NO. 32-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: RAILROAD ALLEY (KNOWN AS SW 4TH CT.) ADJACENT TO THE WESTERLY BOUNDARY LINE OF BLOCK 3, FIRST ADDITION COLLEGE TRACT ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE OF SW 7TH ST. (50 FOOT RIGHT OF WAY); BOUNDED ON THE EAST BY THE EASTERLY LINE OF SAID RAILROAD ALLEY (SW 4TH CT); BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF SW 9TH ST(50 FOOT RIGHT OF WAY); BOUNDED ON THE WEST BY THE WESTERLY LINE OF RAILROAD ALLEY (SW 4TH CT), ALSO BEING THE EASTERLY LINE OF SAID BLOCK 3; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.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, Ronald and Stacey Fontes, owners of Material Handling Systems, duly petitioned the City Commission of the City of Dania, Florida, for the vacation of certain street rights-of-way legally described as follows: Railroad alley (known as SW 4th Ct.) adjacent to the westerly boundary line of Block 3, First Addition College Tract according to the plat thereof, as recorded in Plat Book 22, Page 10 of the public records of Broward County, Florida: bounded on the north by the easterly extension of the south right of way line of SW 7th St. (50 Page 1 RESOLUTION NO. 32-99 f r 7 t . 1 Foot right of way); bounded on the east by the easterly line of said railroad alley (SW 4th Ct.); Bounded on the south by the easterly extension of the north right of way line of SW 9th St (50 foot right of way); bounded on the west by the westerly line of railroad alley (SW 4th Ct.), also being the easterly line of said block 3; and WHEREAS, the City Commission referred the petition (No. VC-60-98) to the City Planning and Zoning Board for its recommendation; and WHEREAS, at the meeting of the Planning and Zoning Board held on December 16, 1998, the Planning and Zoning Board unanimously voted to recommend that the street rights-of-way 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 meeting held on January 12, 1999; 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, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania in and to the following street rights-of-way, to-wit: Railroad alley (known as SW 4th Ct.) adjacent to the westerly boundary line of Block 3, First Addition College Tract according to the plat thereof, as recorded in Plat Book 22, Page 10 of the public records of Broward County, Florida: bounded on the north by the easterly extension of the south right of way line of SW 7th St. (50 Foot right of way); bounded on the east by the easterly line of said railroad alley (SW 4th Ct.); Bounded on the south by the easterly extension of the north right of way line of SW 9th St (50 foot right of way); bounded on the west by the westerly line of railroad alley (sw 4th Ct.), also being the easterly line of said block 3 Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject street rights-of-way 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 with this resolution are repealed to the extent of such conflict. Page 2 RESOLUTION NO. 32-99 t- r, t 7 r r Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 23rd day of February, 1999. MAYOR-COMMISSIONER ATTEST' , ROLL CALL: /c/ `i.f /l/ i j., MAYOR CALI -YES CITY CLERK% VICE-MAYOR ETLING - YES COMMISSIONER BERTINO—YES COMMISSIONER MIKES - NO APPROVED AS TO FORM COMMISSIONER HYDE - YES AND CORRECTNESS: nn� By:.- THOMAS J. ANSBRO CITY ATTORNEY Page 3 RESOLUTION NO. 32-99 f r 7 F ' AGENDA REQUEST FORM CITY OF DANIA Date: 02/17/99 Agenda Item#: Title: VC-60-98-VACATION REQUEST BY MATERIAL HANDLING SYSTEMS Continued..... Requested Action: REQUEST BY RONALD FONTES, OF MATERIAL HANDLING SYSTEMS FOR THE VACATION OF THE SW 4TH CT. RIGHT OF WAY. Summary Explanation& Background: Exhibits(List)-. RESOLUTION MEMORANDUM FROM TERRY L.VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR NO OBJECTION LETTERS SURVEY PUBLIC HEARING NOTICE &LOCATION MAP APPLICATION Prepared By: TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name&Phone) Recommended for Approval By: PLANNING AND ZONING BOARD 12/16/98 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk L .. f I-- r 7 t , MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VC-60-98 Vacation Request for SW 4ih Court Date: January 6, 1999 The applicant is Material Handling Systems, which is located immediately to the west of the proposed vacation. They indicate that they have requested the vacation for the following reasons: • They cannot expand their plant physically because of the right of way. • The only roads fronting on SW 4`h Court are those of the applicant. • It is an unmaintained dirt road which has the following other uses: A. Dumping of trash; B. Use by drug pushers and other illicit activities; and, C. Access to those who would vandalize Material Handling Systems. The applicant has provided staff with letters of no objection from Florida Power and Light as well as Southern Bell. Any approval of this request should be contingent on the applicant gaining similar letters from the cabal provider and the City's Utility Department. Additionally the Planning and Zoning Board felt that approval should also be contingent on the applicant obtaining a letter of no objection from Howard Dodge who wrote to express concerns over the request. RECOMMENDATION The requested vacation should be approved. There are no plans for the City to utilize this right of way for roadway purposes. Any action to approve this request should be contingent on all necessary letters of no objection being obtained. cmmame JI�BC W f ti ^ F, r 7 e 12/UJ,H6 12:U1 FAA 9540217117 VAT H\'DLSG 51'S ®BELLSOUTH aallSaepl Tolacommaanafiana.lne. M1 NO Sennse aoulewa Plont40on.Po/iaa MM MATERIAL HANDLING SYSTEMS, INC. 720SW4COURT . November6, 1998 DANIA,FLORIDA 33004-3803 Telephone:(954)921-1171 Facsimile:(954)921-7117 MrKEPOSTEN BELLSOUTH TELECOMMUNICATIONS 9601 W. SUNRISE BOULEVARD PLANTATION,FLORIDA 33322 Telephone:(954)476-2855 Re.: Purchase of SW 4"Court between SW 9"and SW 7"Sheets To Whom It May Concern: BellSouth Telecommunications bas no objection to the sale of the portion of SW 4"Court fmm SW 9"Sheet to SW 7"Street. However,if any of Be➢South's facilities have to be modified and/or relocated as a result of vacating this road Tight-of-way,all costs associated with such a modification and/or relocation(including furnishing any required easements)will be borne fully by the purchaser. Regards, e POsten BellSouth Project Manager t_ f r -r r 1./U3/ h 12:01 FAX 9549217117 .MAT H.NDL)G SYS 0004 FPL November 17, 1998 Material Handling Systems, Inc. 720SW4° Ct. Dania,Fl 33004 Re:Road closure Dear Miss Fontes; After verifying that FPL has no interest in or need for facilities on SW 4`h CL between SW 7'h St. and SW 91h St.,FPL has no objection to the proposed road closure. If you need any additional information, you may contact me at 954-581-3093. Good luck with this endeavor. Sincerely, avid S. Tumbu 1 Corporate real Estate in FPt Gmuy company L f ■ ' r 7 CITY OF DANIA GROWTH MANAGEMENT DEPT. PLANNING AND ZONING DIVISION 100 W.DANIA BEACH BLVD. DANIA,FL 33004 PETITION FOR VACATION (ALSO DEDICATION OF RIGHT OF WAY I EASEMENT) � 9 DATE; l,> PETITION V(`; LaU G TO CITY OF DANIA PLANNING AND ZONING BOARD AND DANIA CITY COMMISSION, , VACATION AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY: PETITIONER: _IlldTER'1,1L NAAWk1urz ws-FPI LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#) Z�>714Cy z-, F70AITES, ADDRESS OF SUBJECT PROPERTY: 320 StO y#1 OcUk- rO,q FL 3 CC`/ PRESENT ZONING: REASONS&JUSTIFICATION FOR REQUESTED VACATION: P? e, I, f u„ r I f /l ,/ Sworn to and subscribed before me Signature of Petitioner this day of 19_ / Notary Public State of( ) ? Printed Name of Notary Street Address, City State&Zip Commission Expires 1-95Li-qQ 1 .l l }� Seal: Telephone Number WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY,PLEASE FILL THE FOLLOWING: This is to certify that I am the owner of subject ands described above in the PETITION FOI VACATION and that I have authorized �� , to make and file the aforesai PETITION FOR VACATION. Swom to d subscrib d et re me Signature of Petitioner this h day 1 19 Notary Public S e of( rkr.N:,A ) 720 514, n{ rinted Name of Notary Street Address,City State&Zip Commission Expires JS q Seal: -� Telephone Number rev L-YI (DEPARTMENT USE ONLY•DO NOT WRITE BELOW THIS LINE) ACCEPTED BY: FILING FEE: 165.00 Check off list: Plus Advertising Casts Sealed Survey Related Plat Name(if applicable): Related petition(s)(if applicable) f s r 7 i otn �I • �O s I RIAfC T ,.I,I `3rd ,� 17-/`- Sw btr 6 ' M ;�J/•'�L 1� r J fi'I •• �. '6 I.. '•I16 ' SVw S�`4 •�ll10 U i•4lic N�. th �• al 7 j W 22 I IAb®.i261l I I 5 y �9 %:�Q 4. n' 1 I .Iz w ,.I. T�NSION 5 �'� .D• .,a Sw 7 . sr 7th jERR• 29 p y li :I,.0 ' is 116h 4 al 17` Roa d �..� •� �. NDE63 3 8 t! e ,y 8.I n 2 3 I I I I � ;;' 1=a 11y HDMESITEiS1 I: DI Nib► EN' '' .y • sr. 4'^ t sw I: Z 3 " ' •"' 'i 1 DANIA AMEND D P A of N I" w y QA0,1 *'' 6 MORTAL WO D ,� '; zt 3ROWARD 15-1 . ' _ �. �, 16 COUNTY sw PARK o„ PARK 221 f i-- h S _° A T : I E L ?U3LISHE) )AILY ' JRT LAJ^ZRDALE, rROWARD COUNTY . FLOHIDA :JOCA RATAN, DALM =EACH COUNTY, FLORIDA NOTICE OF PUBLIC !LAMI, BADE OUNTY. LORIDA THE HEARING CITY COMMISSION OF THE CITY OF DANIA BEACH. FLORIDA STAT_ OF FLODI� ;, NOTICE IS HEREBY GIV- EN that the City Commu- COUNTY OF 3R04ARO/PAL' 3EACH/DADS soon of the City of Dania Beech. Florida on.January XHFHE •=• .. SNED AUTHORITY PERSONALLY APPEARED 12, 1999,et 7:00 PM,or as soon thereafter as the met- •• •.•• ••• ter may oe heard.mil tan- City a ommi si oring m InaaHJ J.4 OAT. SAYS THAT Clty Commuuon Meslmg om of the Oams Beach N DULY AUTHJPIZED E'cPRESEiJTATIVE OF !HE cuyHall. 100waaDania A ASBeach 8uulevard, Dania DEPARTMENT OF THE SUN--;ENTINtL, )AILY Beech. Florida. oconsider PU3LI$HED TN ;ROWARD/PALM 9EACH/DADE COUNTYi fehgeuol'Oowing proposed FLO2IDA THAT THE ATTACHED COPY OF ADVERTISEMENT, EEING A - A Petition oy RooaBtlgg Fonles us Slaty L. Fonles NOTZC'. OF PUBLIC HEARING own are of M.for antlll'I Symms,one.for vsugon of a to or st of way sue• manI Ixa ed At SW ath Cl. IN THE MATTER OF Is SWOteSIL SW ill L Legally described as IEIIpwa: Proposed vaosi l PETITION# VC—o07 33 swiiri Ad all c:m`o tns WMterlyy. bmnd7uy Ilea of Block 7,Forst AOdltlan Col- :N THE CIRCUIT COURT, ,OAS QU3LIi3EJ IN SAID N�EWSPAPER IN 1poQe memaccordingas reo the 'HE ISSUES OF Pl in at Bock 22,Pugs to of the Public record• of Browud County. Florida: bounded CHI on the north by the mtarty extension of the awth ht ientists AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A FM rOf WAY ight ofM Of wW7tnaM NEWSPAPER PUBLISHED IN SAID 3R04ARD/PALM ?EACH/DADE anthhesaidd b"IMAa I line Of taN of COUNTY, FLORIDA, AYD THAT THE SAID NEWSPAPER HAS HERETO F014thSci I: eeesn0etliary off JEEN CONTINUOUSLY DURLISHED IN SAID 9ROWARD/PAL:! REACH/ DAIr",'oynl0fIhe ,ine Of d le�iltsot COUNTY. FLORIDA, EACH )AY, AND HAS aEEiJ ENTERED AS ZECOND lomewtmfw4Y):bunded CLASS r1ATTER A! THE POST OFFICE IN FORT LAUDERDALEP IN SA!line olree`"I1bN ylewat iROdARC COUNTY, �LJRIOA, FOR A PE IGD OF ONE YE R NEXT Cl69ao bum the on," A E XT line Of said b�otk 0in . PRECEDING THE FIRST 'UJLICATIJN OF THE ATTACHED COPY OF Americans Wla pIUGIIties ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS Aanceto°oP°rticksdaninmy NEITHER OAID NOR PgO4ISED ANY PERSO;i FIRM OR CORPORATION cf those PNanseedingS isbainJudontact y ANY DISCOUNT, ?En ATE, COMMISSION OR REFUND FOR THE PURPCS:eiva; Demo anaBeaclesch FIL OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID 03004. 195e)921.8700ext. 4 E W$P A?E R. 202.At least aB spurs prior to meeting. Any Person WOO dedtles to appeal an yy decision ..•• Zon oY Ise Planning and Zoning y I a or Ina and _ Cammresgn min ,egad to • •• .• .•..... . enY inciter conaltlered at ( S' NATURE OF aFFiANT) mis meaning or sea qwm need a record of the oro• ceedmga,antl for secs Pur- SWORN iv AND SU 3S C...3ED 9EFJRE Y_ PO may need to anwro 7 T C :11 a verballm racoro Of THIS J2 DAY OF JANUARY which rroecesordlpnod the tesA.). 1998 ^ / upon whit and evidence to `" upon winch the aopeal is to be based. �/n , /// Lou Ann Cunningham G-r.'Yra.`sf• • // ^ Morning TaCnnlclan •• •• • •• . •"•"'ii-N!!. . TTTY .•.. Admn. Asal. (SZSNATURE JF NJTA-RY rUELIC Jail 2. 19" r_ CNAi1E OF riOTARY• 'YP'cD,I ?g•//J�2 TED0J.R JTA ,PED) 00—ISONALLY K.NJ N PROCJCED I)EliTIFICATIJ4 a••• a•• .•• .a•••.• f L 1 -r AMERICAN MICR®-IMAGE 6954 N.W. 12 STREET. MIAMI, FLORIDA 33126 305-477-9149 •500-297-4799 - FAX 305-477-7526 a photocopy in poor con d1m I mlo I FC 017 t. i