HomeMy WebLinkAboutR-1999-117�.
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RESOLUTION NO. 117-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, VACATING CERTAIN PORTIONS OF STREET
RIGHTS-OF-WAY LEGALLY DESCRIBED AS: THE NORTH 60 FEET,
LESS THE WEST 35 FEET THEREOF, OF THE WEST '/2 OF THE SW '%
OF THE SW '% OF THE SW '/4 OF SECTION 2, TOWNSHIP 51 SOUTH
RANGE 42 EAST, IN BROWARD COUNTY FLORIDA; 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THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH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 Beach, sets forth the procedure for vacating and abandoning streets, alleys or other
property dedicated to the public use; and
WHEREAS, Richard Schwartz, representing Sheridan East Partners, Ltd., duly
petitioned the City Commission of the City of Dania Beach, Florida, for the vacation of
certain street rights-of-way legally described as follows:
The north 60 feet, less the West 35 feet thereof, of the West '/ of the SW'/4 of
the SW '/4 of the SW '% of Section 2, Township 51 South Range 42 East, in
Broward County Florida.
WHEREAS, the City Commission referred the petition (No. VC-32-99) to the City
Planning and Zoning Board for its recommendation; and
WHEREAS, at the meeting of the Planning and Zoning Board held on May 19,
1999, 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 Beach, a public hearing was held before the City
Commission at its regular meeting held on April 27, 1999;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach, Florida, vacates,
abandons, renounces and disclaims all of the right, title and interest of the City of Dania
RESOLUTION NO. 117-99
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in and to the following street rights-of-way, to-wit with the understanding that the City will
maintain a 16 foot utility easement on the north side of the property:
The north 60 feet, less the West 35 feet thereof, of the West ''/z of the SW'% of
the SW % of the SW '/a of Section 2, Township 51 South Range 42 East, in
Broward County Florida.
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.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED ON THIS 8T" DAY OF JUNE,,1999.
R-COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO -YES
VICE-MAYOR MCELYEA -YES
SHERY CHAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM ND CORRECTNESS:
BY:
T OMA J. A B 0
CITY ATTORNEY
RESOLUTION NO. 117-99
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CITY OF DANIA GROWTH MAL
PLANNING AND ZONING Dive.
/ 100 W.
DANIA,FL 33004
LYD.
PETITION FOR VACATION
(ALSO DEDICATION OF RIGHT OF WAY I EASEMENT) '/ p
DATE: Feb. 9, 1999 PETITION 'VF_
TO CITY OF DANIA PLANNING AND ZONING BOARD AND DANIA CITY COMMISSION, A
VACATION AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY:
PETITIONER: SHERIDAN EAST PARTNERS LTD. A Florida Limited Partnership
LEGAL DESCRIPTION OF SUBJECT PROPERTY:(FOLIO#) it 7-DL 03 -001 o 0
US Land Lese. Plat 00-Book 113 Page 14 Broward County
ADDRESS OF SUBJECT PROPERTY: Northeast Corner 5th Avenue and Sheridan St.-Dania B
PRESENT ZONING: C-2 REASONS&JUSTIFICATION FOR REQUESTED VACATION:
P tt aped
-
Sworn toad subsch fore me 5 G ature ofPeb eper
t is�_ day of�-181
u�L/or', dt I-Io HA'W'M-B&4t �. ?t>'a NU "i le
N6tory ublic State of
Printed Name of or uVSFAL Street Address,City State 6 Zip Men, r1
WLM
Commissi nExp m roNND.COW" (toL.
Sea); Telephone Number
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY,PLEASE FILL THE
FOLLOWING:
This is to celery that I am the owner of subject lands described above in the PETITION FOR
VACATION and that I have authorized to make and file the aforesaid
PETTTION FOR VACATION.
Sworn to and subscribed before me Signature of Petitioner
this day of 19�
Notary Public Slate of( )
Printed Name of Notary Street Address,City State&Zip
Commission Expires
Seal: Telephone Number
(DEPARTMENT USE ONLY-DO NOT WRITE BELOW THIS LINE)
ACCEPTED BY: FILING FEE: 16e.00
Plus Advertising Costa
Cheek off list:
Sealed Survey Related Plat Name(if applicable):
Related petition(s)(If applicable)
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B M ELEv 4 72
N89° 49'50E. 333.59'
280.59'
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OF R.O.W. DEDICATED
By THIS PLAT.
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12' Utility Eosemenl _ _ _ _ B
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_ 60
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I ADDITIONAL R.O.W.
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PEOPLES GAS
16101 West Dixie Hwy.
North Miami Beach, Florida 33160
Bwd. (954) 763-8900 Dade (305) 940-0139
Easement & Right-of-Way Vacation Letter
Date: August 3, 1998
To: Mr. Richard Schwartz
Sheridan East Partnership, LTD.
7850 NW 146th St., #308
Miami Lakes, FL. 33016
Subject: VACATION OF EASEMENT - N.E. CORNER OF 5TH AVE. AND
SHERIDAN ST., DANIA, BROWARD COUNTY
(X) Peoples Gas has no facilities within the referenced area to be vacated and has
no objections to this vacation. `k,
Angel uant
Operations Mgr., South Region
( 1 Peoples Gas has facilities within the referenced area to be vacated, however,we
have no objections to this vacation providing the applicant will pay for the relocation
or replacement of these facilities.
Angel Quant
Operations Mgr., South Region
( 1 Peoples Gas has facilities within the referenced area to be vacated which cannot
be relocated for technical reasons, however, we have no objections to this vacation
providing a utility easement, as shown on the attached drawing, is incorporates in the
re-plat.
Angel Quant
Operations Mgr., South Region
( 1 Peoples Gas objects to the proposed vacation for the following reasons:
Angel Quant Prepared By: A. Roche
Operations Mgr., South Region Atlas Page: N/A
Reference: 98-
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OJ' BUCKEYE PIPE LINE COMPANY
i900 Hammon tloulevam
fdlentown lenni,vamo 18103
el Ie 101 770 4000
'aa I6101 770 d5d1
August 6, 1998
Mr. Richard Schwartz
Sheridan East Partnership LTD
c/o Maynard/Rich Cos.
7850 NW 146 Street,#308
Miami Lakes,FL 33016
RE: Vacation of Easement
Section 2,TSIS, R42E
Broward County,FL
NE Comer of 51h Avenue and Sheridan St.,Dania
Dear Mr.Schwartz:
I am in receipt of your correspondence of July 28, 1998. We have no facilities in Section
2,T51S,R42E,Broward County, Florida, and therefore,have no objection to the City of Dania
releasing a 60-foot easement on your property as described in your aforementioned
correspondence.
Very truly yours,
L cc�' r &�
P. Wertman
Right of Way Assistant
EPW:1cc
last Olhce Sc.d88.Emmaus.Pennsvwanm tL0�9d76d
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TEMCO
Authonled Agent of
®BELLSOUTH
February 10. 1999
Sheridan East Partnership LTD.
C/O Maynard/Rich Cos.
7850 NW 146`h St. 9308
Miami Lakes, FL 33016
Attn: Richard Schwartz
RE: Vacation of road easement—Northeast corner of 5 s Avenue and Sheridan St..
Dania. Broward County, FL
Dear Sir:
BellSouth has no objection to the vacation of the road easement mentioned above.
However, we must retain the 12' utility easement along the west edge of the property.
The sketch you sent appears to indicate that the utility easement is not affected by
the vacation, but we need to be sure that it will remain.
Sincerely, J
Roy O. Ginn. P.E.
Outside Plant Engineer
Fluor Daniel Telecom
PH: (954) 382-3746
Approved y:
/aL
Mike Posten
Project Manager
BellSouth Telecommunications
PH: (954)476-2855
8601 W.Sunrise Blvd.,Plantation,FL 33322 Telephone:(954)382-3746 FAX:(954)916-9865
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1541581-2038 Box dab.Ft.Lauderdale,FL 33340-8248
FPL
March 30, 1999
Mr. Richard Schwartz
Sheridan East Partnership LTD.
7850 N.W. 146 Street
#308
Miami Lakes, FL 33016
Subject: Vacation of Roadway Easement
NE Corner 5`h Ave & Sheridan St., Dania, FL
Dear Mr. Schwartz:
Please be advised that FPL has no facilities located in the subject
roadway easement and, therefore, does not object to the request to
vacate the following described roadway easement:
The north 60 feet, less the west 35 feet thereof, of
the west '/z of the SW % of the SW '% of the
SW % of Section 2, Township 51 South, Range 42 East,
In Broward County, Florida.
Should you have any further questions please contact me at (954)
581-3045, or contact FPL's Service Planner, Carlos Rodriguez at
(954) 442-6335.
Sincerely,
�J
E: Jean Salem
Corporate Real Estate Dept.
EJS:Ima
an FPL Croup company
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/'CD�kJ-I�17.•y �N•» UHLI.0 I-.CHL CJIHIG ♦rJ.-i Qb: UJ.U.
CITY OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1709
IMEW DANIA, FL 33004
(954) 921-8700
AdmtnWaUon Fax 921.2604 Ftnama Fm: 922.6619 Growth Manapamant Fax: 922.2667
December 1, 1997
C &A Cooperation
1048 Kane Concourse Ste.2 B
Bay Harbor FL. 33154
RE: Property located at Sheridan St & SE 5 Ave.
To Whom It May Concern:
The City of Dania has no objection to your request of vacating the
60-foot road right of way per ORB 10243, PAGE 115, on the north side of
your property.
Legal description:
Parcel A, US LEND LEASE PLAT NO. THREE, according to the
Plat thereof as recorded in Plat Book 113 at Page 14, Public Records,
Broward County, Florida.
.- - — - - Respectfully.
Director of Utilities/Public Works
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CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and
Zoning Board on May 19, 1999 at 7:30 p.m., and the City Commission on June 8, 1999 at 7:30
p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center,
100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any
objections which might be made to the requests, as follows:
VC-32-99 - Request by Richard Schwartz, representing Sheridan East Partners, Ltd. to vacate
a 60 foot road right of way easement located on the Northeast corner of the property located
at SE 5"Avenue and Sheridan Street also known as Parcel 'A', of the US Lend Lease Plat#3,
Book 113/ Page 14, comprised of 4.32 acres more or less, folio number 5142-02-03-0010.
The propsed right of way is legally described as - The north 60 feet, less the West 35 feet
thereof, of the West '/2 of the SW '% of the SW '/4 of the SW % of Section 2, Township 51
South Range 42 East, in Broward County Florida.
Copies of the proposal are available for viewing and purchase in the Growth Management
Department, 100 West Dania Beach Blvd., Dania, 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 ordinance.
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
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans With Disabilities Act, persons needing assistance to
participate in any of these proceedings should contact Sheryl Chapman, Administrative
Services Director, 100 W. Dania Beach Blvd, Dania, FL 33004, (954) 921-8700 ext. 203, at
least 72 hours prior to meeting.
Lou Ann Cunningham
Planning Technician
LOCATION MAP ON BACK
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
s
Date: 06/01/99 Agenda Item#:
Title:
VC-32-99—VACATION OF EASEMENT/ROW—RICHARD SCHWARTS, SHERRIDAN EAST
PARTNERS, LTD.
Requested Action:
PUBLIC HEARING—VACATION OF A 60 FOOT ROAD RIGHT OF WAY EASEMENT
LOCATED ON THE NE CORNER OF THE PROPERTY LOCATED AT SE 5T"AVENUE AND
SHERIDAN STREET.
Exhibits(List):
RESOLUTION
MEMORANDUM BY TERRY L. VIRTA,AICP—GROWTH MANAGEMENT DIRECTOR
VACATION APPLICATION
SURVEY OF ROW/EASEMENT
PUBLIC HEARING NOTICE
LOCATION MAP
Purchasing Approval:
Prepared By:
TERRY L. VIRTA, AICP—GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 5119199
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: VC-32-99 Vacation of Easement/ROW—Sheridan East
Date: June 2, 1999
At the northeast corner of Sheridan and Firth there is a vacant parcel which
comprises 4.32 acres. At the northern end of this site there is a dedicated right of way
60 feet in width running east to west. The right of way has never been improved and
the City has no intention of using it. The applicant is seeking the vacation of this right of
way and will maintain a 60-foot vehicular access easement to the north part of this
property. The applicant has supplied letters of no objection from all of the relevant
utilities.
RECOMMENDATION
The Planning and Zoning Board as well as Staff recommend that the requested
vacation be granted.
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