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HomeMy WebLinkAboutR-2008-072 Hayson Vacation RESOLUTION NO. 2008-072 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VACATION REQUEST(VC-15-08)SUBMITTED BY RUSSELL HAYSON, REPRESENTING THE PROPERTY OWNER CRAIG LEONARD,TO VACATE AND RELOCATE A DRAINAGE EASEMENT,FOR PROPERTY LOCATED AT 345 NE 3RD AVENUE,AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS;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 the procedure for vacating and abandoning streets,alleys,and utility easements or other property dedicated to the public use; and WHEREAS, Russell Hayson, representing Craig Leonard, duly petitioned the City Commission of the City of Dania Beach,Florida,to vacate and relocate a drainage easement located at 345 NE 3`d Avenue, Dania Beach, and legally described in Exhibit "A", a copy of which is attached to this Resolution; and WHEREAS,the Planning&Zoning Board on April 16, 2008, recommended that the City Commission grant the vacation request; 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 May 13, 2008; 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 Beach in and to the drainage easement located at 345 NE 3`d Avenue,and legally described in Exhibit"A", a copy of which is attached to this Resolution. Section 2. That the CityCommission of the City of Dania Beach, Florida, accepts the tY P relocated drainage easement located at 345 NE 3`d Avenue, and legally described in Exhibit"B", a copy of which is attached to this Resolution. Section 3. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement 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 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 13, 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATT ST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO 0 CORRECTNESS BY: TH MA J.AN§BRO CITY ATTORNEY 2 RESOLUTION#2008-072 EXHIBIT "A" LEGAL DESCRIPTION 10' STORM DRAIN EASEMENT TO BE VACATED A portion of Lots 1 and 2, Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 of Poinciana Park" according to the plat thereof as recorded in Plat Book 31 at Page 47 of the Public Records of Broward County, Florida being more particularly described as follows: Beginning at the Southwest corner of said Lot 1; Thence run North 00 Degrees 00 Minutes 00 Seconds West along the West line of said Lot 1 for a distance of 5.00 feet; Thence run North 90 Degrees 00 Minutes 00 Seconds East for a distance of 112.22 feet to a point on the arc of a circular curve concave to the East,the center of which bears North 56 Degrees 18 Minutes 11 Seconds East from said point; Thence run Southeasterly along the arc of said curve and the East line of said Lot 1 having a radius of 35.00 feet, through a central angle of 10 Degrees 32 Minutes 33 Seconds for an arc distance of 6.44 feet; Thence run South 00 Degrees 10 Minutes 33 Seconds West along the East line of said Lot 2 for a distance of 5.00 feet; Thence run South 90 Degrees 00 Minutes 00 Seconds West for a distance of 116.24 feet to a point lying on the West line of said Lot 2; Thence run North 00 Degrees 00 Minutes 00 Seconds West along said West line for a distance of 5.00 feet to the point of beginning. (Survey to follow) 3 RESOLUTION 42008-072 Survey—Exhibit `A' SBZnM AND LEOAL DESCRI FFION BY �Rl NEW Y 1840 NORTH FINE URAND ROAD PLANTATION FLORWA 33322 CER HITCATEOFAUTHORIZA ONNi8770B6 1®FAMAI14KERQAN MVEMGQYAHOO.COM VACATION OF 10 STORM DRAIN EAB LEGAL DESCRIPTION A PORTION Or LOTS I AND 2,BLOCK I Or'AMENDED FIAT OP BLOCKS 4,5 AND A PORTION Of BLOCK 6 OF POINCIANA PARK'ACCORDING TOTHC FLAT THEREOF AS RECORDED IN FLAT BOOK 31 AT PAGE 47 OF THE PUBLIC RECORDS OF 5KOWARD COUNTY,FLORIDA,DOING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE RUN NORTH OD DEGREES 00 MINUTES 00 5ECOND5 WEST ALONG THE WEST LINE OF SAID LOT I FOR A DISTANCE Of 5,00 PEST;THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 1 12.22 FEET TO A POINT ON THE ARC Or A CIRCULAR CURVE CONCAVE TO THE EAST,THE CENTER OF WHICH BEARS NORTH 56 DEGREES 18 MINUTES 11 5ECON05 EAST FROM SAID FOINT;THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND THE EAST UNE OF SAID LOT I HAVING A RADIUS OF 35.00 FEET,THROUGH A CENTRAL ANGLE OF 10 DEGREES 32 MINUTES 33 5ECONO5 FOR AN ARC D15TANCE Of 6.44 FEET:THENCE RUN SOUTH 00 DEGREES 10 MINUTES 33 5ECON05 WEST ALONG THE EAST LINE Or SAID LOT 2 FOR A D15TANCC Or 5.00 PER:THENCE RUN SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST rat A DISTANCE Or I I G.24 FEET TO A FOINT LYING ON THE W15T UNE Or SAID LOT 2;THENCE RUN NORM 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID WE5T LINE FOR A DISTANCE OF 5.00 FEET TO ME POINT OF BEGINNING. NOTS DA14A WP-OF CANAL 1)TH15 SKETCH DOES NOT REPRESENT A MELD 5UKVEY. 2)BEARINGS SHOWN HEREON ARE WED ON THE WEST LINE Of LOT I BEING NORM 00 DEGREES 00 MINUTE5 00 5ECON05 WEST. Lot%BLOCKI or r w[ ii 'AMENDED FLAT Or 9.00KS 45 NDA DID rdN of TOOL S a FODCANA►AIIC TUT BOOK A AT PACE 47 r° N 0000'00'W i PONE OF: N 9900'00'E n1= N 000000 W 90'00'00'W t*24' 9 O0t ST W SAG' SAD' t LOT R BLOCK I OF 'AMENDED PLAT OF BLOCKS 4 S AM A PWIION OF BLOCK 9OF POINCUILA FANG ' RAT BOOK N AT FACE 47 fi -------�A ------------------------------- am I [ 3081A _ - d-o RRANUARWT WO AVENUE 5. 2 JAY KERI PROFE5510N SURVEYOR AND MAPPER N0. 5721 STATE Of FLORIDA - ..._......._............._ 4 RESOLUTION#2008-072 EXHIBIT "B" LEGAL DESCRIPTION RELOCATED STORM DRAIN EASEMENT A portion of Lots 1 and 2, Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 of Poinciana Park" according to the plat thereof as recorded in Plat Book 31 at Page 47 of the Public Records of Broward County, Florida being more particularly described as follows: Commencing at the Northwest corner of said Lot 2; Thence run South 00 Degrees 00 Minutes 00 Seconds east along the West line of said Lot 2 for a distance of 15.00 feet to the point of beginning; Thence ran North 90 Degrees 00 Minutes 00 Seconds East for a distance of 82.50 feet; Thence run North 00 Degrees 00 Minutes 00 Seconds East for a distance of 7.00 feet; Thence run north 90 Degrees 00 Minutes 00 Seconds for a distance of 33.74 feet to a point lying on the east line of said lot 2;Thence run South 00 Degrees 10 Minutes 33 Seconds West along said East line for a distance of 12.00 feet; Thence run South 90 Degrees 00 Minutes 00 Seconds West for a distance of 116.20 feet to a point lying on the West line of said Lot 2; Thence run North 00 Degrees 00 Minutes 00 Seconds West along said West line for a distance of 5.00 feet to the point of beginning. (Survey to follow) 5 RESOLUTION#2008-072 Survey—Exhibit `BI SKETCH AND LBGAL D&SCI ]ITION I� 1� XMZ W U ZYMO, =01 ' 180 NORTH FINE=AND ROAD Y nANTATIONN,,FLORMA 3922 PHONE(%4)473.8010 FAX(950 4734WO CER77FICATE OF AUTHORIZATION NLR7056 ELMAQA XOM ANDSUAVEMGOVAHOO.COM DRAINAGE EASEMENT LEGAL DESOFMwT10N DRAINAGE EASEMENT A PORTION OF LOT 2,BLOCK I OF'AMENDW PLAT OF BLOCKS 4,5 AND A PORTION OF BLACK 6 OF POINCIANA PARK'ACCORDING TO THE PLOT THEREOF AS RECORDED IN PLAT BOOK 31 AT PAGE 47 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLOIUDA BEING MORE PARTICULARLY OE5OUBCD A5 FOLLOW5: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2;THENCE RUN SOUTH DO DEGREES 00 MINUTES 00 SECONDS FAST ALONG THE WEST LINE OF SAIO LOT 2 FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING;THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 62.50 FEET;THENCE RUN NORTH 00 DEGREES 00 MINUTES 00 5ECON05 EAST FOR A DISTANCE OF 7.00 FEET;THENCE RUN NORTH 90 DEGREE5 00 MINUTE 00 SECONDS EAST FOR A D15TANCE OF 33.74 FEET TO A POINT LYING ON THE EAST LINE OF SAID LOT 2;THENCE RUN SOUTH 00 DEGREES 10 MINUTES 33 SECONDS NEST ALONG SAID EAST LINE FOR A C45TANCE OF 12.00 FEET; THENCE RUN SOUTH 90 DEGREES 00 MINUTES 00 SECONDS NEST FOR A D15TANCE OF 1 16.20 FEET TO A POINT LYING ON THE WEST LINE OF 5AID LOT 2;THENCE RUN NORTH 00 DEGREES 00 MINUTES 00 SECONDS VEST ALONG SAID WEST LINE FOR A D15TANCE OF 5.00 FEET TO THE PONT OF BEGINNING. NOTES OANA CUT-OF CANAL_ 1)TH15 5MCH DOES NOT REPRESENT A FIELD 5URVEY. 2)BEARINGS 5HOWW HEREON ARE BASED ON THE WEST UNE OF LOT 2 BEING NORTH 00 DEGREES 00 MINUTES 00 SECONDS WMT. LOT%8-=i OF rule 'AflCm PLAT OF KOCHI4 6 AND A PORTENOF BLOOM 0 OF P'Cf4VM PANG 91 FLAT BOOK B AT PACE O 1 POINT of COAOAENC fT N 0000'00`E Q. � T^ �zunue wri 7.00' � P00JT OF 'xo m new i ---- ---- ". ..... .. — ' g N WW0O`E 38.7 ' BEOM N 9000'00'E 82.60' DRAINAGE EASEMENT 8 0010'33 W N 0000'00'W 8 90'00'00'W 11629 5.07 LOT 2.SLOW I OF ( 'AN69HED MAT OF BLOW 0.5 AMA P POWER OF LOCK 61OF P PAW FLA�1 K t ----------------------------------------- -�'C eoum uxt im: LOT 6,BOCK I LEO345 NORTHEAST 3RD AVENUE JAY KERI PROFE55ION SURVEYOR AND MAPPER N0. 5791 Ron 5TATE OF FLORIDA RESOLUTION#2008-072