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Home My WebLink About179065 - AGENDAS - City Commission ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 25, 2009 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE# 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 7. CONSENT AGENDA 7.6 RESOLUTION NO. 2009-162 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-18-08) SUBMITTED BY THE CITY OF DANIA BEACH AS PROPERTY OWNER, TO VACATE SW PARK STREET LOCATED BETWEEN SW 3RD AVENUE AND SW 15T AVENUE JUST SOUTH OF THE DANIA BEACH ADMINISTRATIVE BUILDING AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 25, 2009 TO: Robert Baldwin, City Manager VIA: Robert Daniels, Director FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: VC-18-08: The City of Dania Beach is requesting to vacate SW Park Street right-of-way, which is located south of City Hall, 100 West Dania Beach Boulevard. VACATION To vacate SW Park Street right-of-way. The City Commission approved the vacation of SW Park Street on July 22, 2008. The road was established by the plat of the Town of Modelo and Broward County approval is also required to vacate it. The City resolution vacating the road refers to a 'roadway easement'. Broward County will not accept the resolution as stated. The proposed resolution eliminates the reference to 'roadway easement' as requested by the County. STAFF RECOMMENDATION Staff recommends approval of the amended resolution. RESOLUTION NO. 2009-162 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-18-08) SUBMITTED BY THE CITY OF DANIA BEACH AS PROPERTY OWNER, TO VACATE SW PARK STREET LOCATED BETWEEN SW 3RD AVENUE AND SW 1ST AVENUE JUST SOUTH OF THE DANIA BEACH ADMINISTRATIVE BUILDING AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;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, The City of Dania Beach wishes to vacate and close SW Park Street located between SW 3'd Avenue and SW I"Avenue,just south of the Dania Beach Administrative Building 100 West Dania Beach Boulevard,and legally described in Exhibit"A",a copy of which is attached to this Resolution; and WHEREAS, the Planning &Zoning Board on May 21, 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 July 22, 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 SW Park Street located between SW P Avenue and SW I"Avenue, just south of the Dania Beach Administrative Building 100 West Dania Beach Boulevard, and legally described in Exhibit"A",a copy of which is attached to this Resolution. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject street has been in strict conformity with the requirements of Section 3, Article 3,Part DC 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 August 25, 2009. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J.ANSBRO CITY ATTORNEY 2 RESOLUTION 2009-162 EXHIBIT"A" LEGAL DESCRIPTION THAT PORTION OF(TIVOLI COURT) S.W. PARK STREET AS SHOWN ON"MAP OF THE TOWN OF MODELO, NOW DANIA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B AT PAGE 49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING BOUNDED ON THE NORTH BY THE SOUTH LINE OF AN UNNUMBERD BLOCK, LABELED PARK, LYING NORTH OF BLOCK 21; BOUNDED ON THE SOUTH BY THE NORTH LINE OF SAID BLOCK 21,BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF (COPENHAGEN AVENUE) S.W. FIRST AVENUE AND BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF (DANIA AVENUE) S.W. THIRD AVENUE, AS SHOWN ON SAID "MAP OF THE TOWN OF MODELO, NOW DANIA" SAID LANDS SITUATED,LYING AND BEING IN THE CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA. 3 RESOLUTION 2009-162