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HomeMy WebLinkAboutR-1999-170.1 Y� T _� I` �� ... f ' __.. M i r ' 'f F r RESOLUTION NO. 170.1-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENTS OF TWO MEMBERS TO THE "AIRPORT ADVISORY BOARD" TO SERVE UNTIL MARCH 20, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE. WHEREAS, Resolution No. 43-91 passed and adopted April 23, 1991, provides that the term of each member of any board or committee appointed by the City Commission shall automatically terminate and expire at 12:00 noon on the first Tuesday following each biennial general municipal election, except members whose terms are set by Florida Statutes or City Ordinances, or members who were appointed for less than a two year term or who are members of an ad hoc committee, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. THAT the appointment to the Airport Advisory Board of the following named persons are hereby ratified and affirmed and said members shall serve until 12:00 noon March 20, 2001. APPOINTED BY: MEMBER(S): Commissioner Mikes Ann Castro Vice-Mayor McElyea Jay Topper 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 THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 on this 10`"day of August, 9 _COMMISSIONER ATTEST: ROLL CALL: Q, MAYOR BERTINO -YES SHERYL CH PMAN VICE-MAYOR McELYEA -YES ACTING CITY CLERK COMMISSIONER ETLING—YES COMMISSIONER CALI —YES COMMISSIONER MIKES -YES APPROVED AS TO FORM AND CORRECTNESS: By: �: ' THOINll J. AN9BRO CITY ATTORNEY 1 RESOLUTION NO. 170.1-99 <,4 r. r /� L .. f . .. 1�-- r - r a� RESOLUTION NO. 170-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, VACATING CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY LEGALLY DESCRIBED AS: ALL THAT PORTION OF THE ALLEY LYING ADJACENT TO AND BETWEEN LOTS 1,2 AND 3, OF "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OF BROWARD COUNTY, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.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, Charles Zidar, Assistant Director of the Graves Museum of Archaeology and Natural History 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: All that portion of the alley lying adjacent to and between Lots 1,2 and 3, of "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 WHEREAS, the City Commission referred the petition (No.VC-57-99)to the City Planning and Zoning Board for its recommendation; and WHEREAS, at the meeting of the Planning and Zoning Board held on July 21, 1999, the Planning and Zoning Board unanimously voted to recommend that the street rights-of-way be vacated and abandoned providing that the following conditions are met: 1. The Graves Museum of Archaeology and Natural History grant a utility easement to the City of Dania Beach;Florida Power&Light Company; BellSouth Telecommunications,Inc;and Comcast Communications, Inc. over, under and within such portion of the street rights-of-way to be vacated as determined by the City Manager. 2. The form and substance of the utility easement shall be acceptable to the City Attorney in all respects. 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 August 10, 1999; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: RESOLUTION NO. 170-99 L i' -r 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 Beach in and to the following street rights-of-way, to-wit with the understanding that such vacation is conditioned upon the Graves Museum of Archaeology and History granting a utility easement to the City of Dania Beach; Florida Power & Light Company, BellSouth Telecommunications, Inc. and Comcast Communications, Inc. over, under and within such parts of the street rights-of-way to be vacated as determined necessary by the City Manager and with such utility easement to be in a form and substance acceptable to the City Attorney. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject right-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 Beach. 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 AL17 19 OR - COMMIS TONER ATTEST: ROLL CALL: MAYOR BERTINO - YES VICE-MAYOR MCELYEA-YES SHERYL HAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORY AND CORRECTNESS: BY: l) THOMASJi. ANSBRO CITY ATTORNEY RESOLUTION NO. 170-99 f r -t 1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Steven W.Zelkowitz, Esq. WEISS SEROTA HELFAIAN PASTORIZA&GUEDES, P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 (305)854-0800 For Recording Purposes Only GRANT OF UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT (this "Easement") is made this day of , 2000, by the GRAVES MUSEUM OF ARCHAEOLOGY & NATURAL HISTORY, INC, a Florida non-profit corporation, having an address at 481 South Federal Highway, Dania Beach, Florida 33004 (the "GRANTOR"), to and in favor of the CITY OF DANIA BEACH, a Florida municipal corporation, having an address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004; FLORIDA POWER& LIGHT COMPANY,a Florida corporation, having an address at 700 Universe Boulevard, Juno Beach, Florida 33408; BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, having an address at 8601 West Sunrise Boulevard, Plantation, Florida 33322; and COMCAST COMMUNICATIONS, INC., a Florida corporation, having an address at 644 South Andrews Avenue, Fort Lauderdale Florida 33301 (collectively,the "GRANTEE"). RECITALS 1. Pursuant to Resolution No. 170-99 of the City of Dania Beach, the City of Dania Beach vacated certain portions of rights-of-way as more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof(the "Alley"). 2. GRANTEE currently owns, operates and maintains certain utilities located within the Alley. 3. As a condition to the vacation of the Alley, Resolution No. 170-99 requires GRANTOR to grant a utility easement to GRANTEE for the purpose of installing, constructing, maintaining,repairing and replacing any utilities located in the Alley. 4. In order to comply with the conditions of Resolution No. 170-99, GRANTOR has agreed to grant to GRANTEE a non-exclusive, perpetual easement for utility purposes as well as 1 r f ingress and egress in, over, under, and upon the Alley for the purpose of installing, constructing, maintaining, repairing and replacing any utilities located in the Alley. subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum ol'TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and are hereby incorporated into this Easement as if fully set forth herein. 2. Grant of Easement. GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents, independent contractors, successors and assigns, a non- exclusive, perpetual easement in, over, under, upon, across and through the Alley for the purpose of constructing, installing, maintaining, operating, repairing and replacing utilities including but not limited to, water lines, sewer lines, electrical lines (both overhead and buried), telephone lines (both overhead and buried), cable television lines (both overhead and buried), stormwater drainage facilities and all appurtenances, power poles, related equipment and materials of the foregoing (collectively, the "Utilities") as well as ingress and egress in, over, under, upon, across and through the Alley with full rights and authority to enter upon and excavate the Alley in order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain such work. Subject to the restoration provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily locate its equipment and materials on the property of GRANTOR immediately adjoining the Alley as may be necessary to perform the foregoing. GRANTOR expressly acknowledges and agrees that the GRANTEE currently owns and maintains certain Utilities within the Alley and that such Utilities shall remain within the Alley pursuant to this Easement. 3. Improvements and Restoration. In the event GRANTEE exercise its rights as set forth in Section 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the Alley and any improvements in it to their prior existing condition at no cost or expense to GRANTOR unless such restoration is required due to the acts or omissions of GRANTOR. The foregoing shall be an express condition of the granting of this Easement by GRANTOR. GRANTEE shall use reasonable efforts to minimize any impacts to GRANTOR's ongoing activities in the Alley in exercising their rights hereunder. GRANTOR and its successors and assigns,agrees not to build, construct or create, or permit others to build, construct or create any buildings, structures or other improvements on, in, over or under the Alley that may interfere with the any improvements installed, constructed, operated or maintained by GRANTEE on, in, over or under the Alley or which may adversely affect GRANTEE's rights hereunder. 4. Warranties and Representations. GRANTOR does hereby covenant with the GRANTEE, that(a) it is lawfully seized and possessed of the Alley;(b) it has good and lawful right -2- d 7 to enter into this easement and convey said easement; and (c) all applicable corporate, partnership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery of this Easement. GRANTOR acknowledges that GRANTEE is materially relying on the representations as herein expressed. 5. Covenants Running with the Land. This Easement and the rights and interests created herein shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. Indemnification. GRANTOR does hereby indemnify and hold GRANTEE harmless from any repair or replacements required to be made to the improvements and work installed by GRANTEE pursuant to this Easement due to the acts or omissions of GRANTOR and its licensees, agents and independent contractors. 7. Miscellaneous. This Easement shall be construed under the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easement and any amendments hereto in the Public Records of Broward County, Florida. This Easement may only be modified, supplemented or revised in writing signed by the parties, or their successors or assigns, and any modification shall be effective only upon recordation in the Public Records of Broward County, Florida. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed by its duly authorized officer or representative as of the day and year first above written. WITNESSES: GRANTOR: GRAVES MUSEUM OF ARCHAEOLOGY & NATURAL HISTORY, INC., a Florida non- profit corporation Name: By: Robert D.Johnston,President (CORPORATE SEAL) Name: -3. L .. r ' r 7 STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) THIS IS TO CERTIFY, that on this day of 2000, before me, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared ROBERT D. JOHNSTON, as PRESIDENT, of the GRAVES MUSEUM OF ARCHAEOLOGY & NATURAL HISTORY, INC, a Florida non-profit corporation, on behalf of the corporation,who(check one) [ ] is personally known to me or[ has produced as identification. NOTARY PUBLIC Print Name: My Commission Expires: -4 _t t-- r, i- EXHIBIT"A" Certain real property located in Broward County, Florida more particularly described as follows: All that portion of the alley lying adjacent to and between Lots I, 2 and 3, of"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. 56600I1Graves Mn5CU371 Easement -5- l t�- r, ' x - '1 MAR-21-2000 TUE 10:55 AM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P, 02 i WEISS SE $ OTA HELF3rAN PAASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW j eROWAMO OFFICE N NA M'E ALANISNE nITCHELL J.C.e, N3i EIN 1132 SOUTHEAST SECOND AVENUE COMAIALAN DOLE CLA!NE M.GOHEN MIAMI-O COWARD G',1M FORT CAU DERpALE, FLORIDA 33316 2665 SOUTH BOAY OFFICE STEPHORE DRIVE GOVG.AO a GO4InLC5 GILBER H,1 NCl��wn LORN R.n[RIN,JR. JOSEPH ARASTORRA ~'— SUriL d20 RCBCR•w HO LLANO' MIA.MI, FLOPIOA 33133 JOSEPN R EEROTA CNRSTORR[R F.xb RiZ JAMIE ALAN COLS RICMARO JAY µU55 MANAGING DIARG,OLOEa TELEPMr_Nr. (3051 054o B00 PETER A.LIC"An- TBLCCOFIEN (30,, 6?4 2323 DAVIp M.Wp4Plry HAp C4 L¢BC94pn' BROWARO OI'{'ICE STEVEN W.ZyLNOWiTZ BERNARD S.MANGLER' MAR E.MA`O TELEPHONE (654)> 'OF GOUN^uCl. NANCY ROB N' 63�-0242 IJ. NCO ED TEL WMAV.WR -FLAL >64>J>O GA'L C. SCROTA' WWW.WSR-FLALAW.CpM A'C LILLIANAN ARA NGO A1113 L4 HC2' ARI C.Sn4PIRO q ICRAFA A, eALOIRTPATRIC JCFFREY P,SRE•FEL ALISONIA M.BALOI'R4 NAN_)f.$ AD". March 20, 2000 ALISON B.BIELCR 5'JEXN L.TgCVARTHEN MILCHCLL A.BICg MAN DANIEL A.ACID-' Karl W. Adler, Esq. Adler, Tolar& Adler 1700 N. E. 26'" Street Suite 4 Fort Lauderdale, FL 33305 Re: Alley Vacation; Graves Museum Dear w 4� Enclosed please find a proposed Grant of Utility Easement to be executed by the Museum. Also enclosed is a copyof the finalized version of the authorizing resolution which vacated the alley. f personally want to thank you and Terri Bala of the Museum for your patience in helping me to bring this matter to a close. Please return an executed original of the Grant Of Utility Easement at your convenience. In the meantime, I will have the resolution finalized and provide you a Copy of it for your records. Please call me with any questions or concerns you may have. Ve truly yours, TJA:Idc Thomas J. Ansbro Enclosures cc: Michael W. Smith, City Manager(no enclosures) Bud Palm, Utilities Director(with enclosures) Terri D. Bala, Business Manager, Graves Museum jr- f r. T - r Graves MUSEUM OF ARCHAEOLOGY & NATURAL HISTORY, INC. 481 South Federal Highway August 13, 1999 Dania Beach, FL 33004 954.925.7770 Fax 954.925.7064 dig-it@gravesmuseum.org Mr. Terry L. Virta,AICP Growth Management Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 Re: Request for Vacation of the alley to the East of the Museum Dear Mr. Virta: Per the your request and the Commission's contingent approval of the vacation, 1 enclose the original letters from Florida Power&Light,BellSouth,Comcast Communications,Inc.and TECO Peoples Gas allowing us vacation of the alley subject to a recorded easement. I also enclose a Contract between the City and the Museum allowing the City access to the water line via the recorded easement. Please forward this document to the proper party for signature and return an executed copy to us. I understand from our counsel,Karl Adler that he and the City Attorney will prepare the necessary documents to record and forward to the City Clerk's Office. Should the City require further documentation,please don't hesitate to contact me. Cordially, Terri D. Bala Business Manager cc: Robert P. Kelley,Museum Director Karl Adler,Esquire Bud Palm Utilities/Public Works Director Michael Smith,City Manager A walk through time... f L h T ' 7 b1 COMCASTO COMM UN I CAT ION 8,1 NC . 644 South Andrews Avenue Fort Lauderdale,FL 33301 Phone: (954)527-6620 Fax: (954)5234052 Graves Museum August 11, 1999 481 South Federal Hwy Daina Beach FI 33004 Subject: } aseinerit vacat:lo i at 481 S Federal Hwy (Rear) Dear Ms. Terri Bala: Comcast communications has been notified of the above referenced project. Comcast communications has above ground CATV lines attached to FP&L poles, within the utility easement to be vacated as per survey attached. If there is any plans of removing FP&L poles, it will be a relocate cost involved with this project, at the owners expense, please notify its as soon as you know, that way we can provide you with a cost, if needed. If there is no plans of removing FP&L poles, then Comcast communications has no objection to the above mention easement vacation, as long as we keep access for maintenance purpose. Please feel free to call my office, if you have any questions regarding this project. Phone#(954) 527-6620 COLIN YNCH Construction Coordinator cc: Andy Vaspasiano- Construction Supervisor t_ t d 4=- F T -t f Easement& Right-of-Way Vacation Letter June 10, 1999 Mr. Charles M. Zidar Graves Museum of Archeology 481 South Federal Hwy. Dania Beach, FL 33004 Subject: ABANDONMENT REQUEST Alley North of SE 5"'St., East of Federal Highway, Dania )XX) We have I t;Jeflip1he easement described and have no objections to this vacation. Rng nal Operations Manager \ ( ) We have facilities in the area to be vacated, however, we have no objections to this vacation providing the applicant will pay for the relocation of replacement of these facilities. Angel Quant Regional Operations Manager ( ) We have facilities in the area to be vacated which cannot be relocated for technical reasons, however, we have no objections to the vacation providing a utility easement as shown on the attached drawing is incorporated in the re-plat, or the applicant will pay for the relocation of replacement of these facilities. Angel Quant Regional Operations Manager j ) We have objection to the proposed vacation for the following reasons: TECO Peoples Gas has facilities in the easement and cannot be relocated. Angel Quant Regional Operations Manager Prepared By: Deanne Malcolm DADE (305) 9110 0139 PEOPLES GAS DROWARD 195,11 763'8900 1a 101 WEST DIXIE HIGHWAY FAX 13051 944-31 IA NORTH MIAMI BEACH, FL 3 3 1 60-4 309 HTTP:/,WWW.TECOENERGY.COfd AN EQUAL OPPORTUNITY COMPANY -1 F ' FPL June 10,1999 GRAVES MUSEUM OF-ARCHAEOLOGY 481 S FEDERAL HWY DANIA, FL. 33004 RE:Florida Power and Light Utility Easement at 481 S FEDERAL HWY DANIA,FL. 33004 Florida Power and Light Company has no objection for encroachment into the 10-12'utility easement that is maintained on the above mentioned address provided that if access is necessary for Florida Prover and Light Company to maintain its facilities within the existing easement any obstructions will be moved. If any FPL facilities are required to be relocated it will be at the expense of the owner. If you have any further questions please feel free to contact me at(954)442.6335. Museum � Sincerehy � r / t Carlos M. Rodriguez Service Planner L r, r - 'I P FLUOR DANIEL TELECOM Authorized Agent of ® BELLSOUTH Page t of 1 May 18, 1999 Graves Museum of Archaeology and Natural History, Inc. 481 South Federal Highway Dania Beach, Florida 33004 Attn. Charles M. Zidar RE: Request to vacate the alleyway located behind the Museum. Dear Sir: BellSouth has overhead and buried facilities running along the east side of the alley between SE 4" Terrace and BE 5" Street. In order for BellSouth to agree to the vacation of the alley, they must have a recorded utility easement for the location of the existing facilities. You will need a surveyor to prepare a legal description for an easement 6 feet wide(3 feet either side of the centerline of the overhead and buried lines). Call"Florida No Cuts" (800 432-4770)to have the buried line(s) marked for your surveyor. Please send the surveyor's description and sketch for approval to: Mike Posten, Project Manager BellSouth Telecommunications 8601 West Sunrise Boulevard Plantation, Florida 33322 If you should have any questions, please call me at(954) 382-3746. Sincerely, `el Roy 0. Ginn, P.E. Outside Plant Engineer Fluor Daniel Telecom Authorized Agent of BellSouth 8601 West Sunrise Blvd.,Plantation,FL 33322 Telephone(954)382.3700 Fax(954)916-9865 L , f L F T 7 Contract Between the City of Dania Beach and the Graves Museum of Archaeology and Natural History, Inc. The Graves Museum of Archaeology and Natural History, Inc.agrees to allow the City of Dania Beach-Public Utilities Department-to access the alley on the East side of the museum at 481 South Federal Highway by way of a utility easement for the service and/or repair of a water line which runs North and South through this area. The City of Dania Beach agrees to vacate said alley,thus turning this land over to the Graves Museum of Archaeology and Natural History, Inc. for their use.This will allow the museum to locate an overhead,second floor door on the museum,adjacent to this alley. The Graves Museum of Archaeology and Natural History, Inc. agrees to work with the City of Dania Beach to relocate this water line if the need should arise, thus allowing the museum to expand, with the potential to build a new building over this utility easement. The Graves Museum of Archaeology and Natural History, Inc. agrees to have subsequent contracts with the local cable, phone,electric,and gas companies relating to this easement. Agreed upon and signed: X Sign Name Print Name Date The City of Dania Beach X Sign Name Print Name Date Graves Museum of Archaeology and Natural History, Inc. f r, T "1 AGENDA REQUEST FORM CITY OF DANIA BEACH Date: August 3, 1999 Agenda Item#: 3 e Title: PUBLIC HEARING-VC-57-99-VACATION REQUEST-GRAVES MUSEUM OF ARCHAEOLOGY& NATURAL HISTORY-REQUEST FOR CONTINUANCE Requested Action: Request by Charles Zidar, Assistant Director of the Graves Museum of Archaeology and Natural History, Dania Beach, to vacate a 15 x 220.02 foot alley right of way easement located on the east side of the Museum Building at 481 South Federal Hwy., Dania Beach, Florida. Exhibits(List): MEMORANDUM REQUESTING CONTINUANCE UNTIL UTILITY EASEMENT AND ACCESS AGREEMENTS ARE RECEIVED FROM MUSEUM DIRECTOR PUBLIC HEARING NOTICE Prepared By: TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name&Phone) Recommended for Approval with conditions: PLANNING AND ZONING BOARD July 21, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ L .. f r. r - Iff -1 MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-57-99 Vacation Request, Graves Museum Date: August 4, 1999 This vacation request by the Graves Museum is for an alley immediately west of their main facility on US 1. The petitioner has indicated that they own both sides of the alley which would be reflective of lots 1, 2 and 3. On the east side of the alley fronting on Southeast 5t" Street, there is an asphalt parking area that serves the residential structure on the east side of the alley. City utility facilities exist within the alleyway which must be protected by the granting of an easement for those purposes. That easement should also stipulate that no structures can be built on the easement area. Also, to date, a utility clearance letter has not been received from the cable company and clearance by the affected utilities are required for this petition. The petitioner has indicated that they are requesting the alley vacation to permit them to install an overhead door abutting the alleyway. No permanent structure would be permitted to encroach on to the utility easement area. In summary, the staff recommends approval of the requested vacation subject to the following: 1) Confirmation of ownership for lots 1, 2 and 3 abutting the vacation area. 2) Provision of utility easements acceptable to the City of Dania Beach which includes a provision that no structures can be built over the utility easement area. 3) Provision of clearance letter from the cable company. At the time of the preparation of this memorandum the easements requested by the Utility's Department have not been provided. Staff recommends that this item be continued until the necessary easements have been provided tot the City. D... 2 f r e 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 July 21,1999 at 7:30 p.m., and the City Commission on August 10, 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 comments which might be made to the following request: VC-57-99 - Request by Charles Zidar, Assistant Director of the Graves Museum of Archaeology and Natural History, Dania Beach, to vacate a 15 x 220.02 foot alley right of way easement located on the east side of the Museum Building at 481 South Federal Hwy., Dania Beach, Florida. The propsed right of way is legally described as —All that portion of the alley lying adjacent to and between Lots 1,2 and 3, of"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. 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 tg r, r 'f r 0 —— Uv 3 --- 11 -, � 3rd(14=57-)- RONOLA - CONDO O SW 3rd PL tl G o r' SE rd .. O ( 105) a 2 -- yi_ 0I0.1 ROYAL PPL AI u' •� r)• es' Y 1 ) v - le`— n u+o u cor+oo 14 CC)) I} 1. 1. 6 q 1 a �=o•_.. (25 42)z s • ..3 Is` t9-43) I I SW 4th '7 SE o w 5.. . I NTS26a 17 z 2E 4 2 P L 6 w SW 5th- ST. 2 I ' I I �o .1 HI f• IL d t} fn ] !' 3 5 9 _ 8),O• VI 20 : II vl '2n V —_ L m a E ST SW 6th 57. on allms (� ,! N 1 P I ( 2- 0) r . D e: i 14 1 z , - t'." 2, 13 c � SSW .. .. T .. ) i6—°• }_.x t• 9 t' tr ,• 3E. I. 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