The URL can be used to link to this page

Home My WebLink AboutO-2017-008 BK Sterling Vacation (VC-120-16) Certified Copy INSTR #1 114276464 Page 1 of 3, Recorded 03/22/2017 at 02:17 PM Broward County Commission, Deputy Clerk ERECORD ORDINANCE NO.20I7-008 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-120-16) SUBMITTED BY THE GREENSPOON MARDER LAW FIRM ON BEHALF OF THE ADJACENT PROPERTY OWNER, BK STERLING INVESTMENT, LLC, FOR VACATION OF A PORTION OF SW 18"' COURT LOCATED ON THE NORTH SIDE OF STIRLING ROAD WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Chapter 28,entitled"Land Development Code,"Part 6,entitled "Development Review Procedures And Requirements," Article 655, entitled "Vacations Of Right-Of-Way"of the City Code of Ordinances (the"City Code"),the Greenspoon Marder Law Firm, on behalf of the property owner, B.K. Sterling Investment, LLC (the "Applicant'), has applied to the City of Dania Beach(the"City")for approval to vacate the east 25 feet of the fifty (50)-foot wide right-of-way for a portion of S.W. 18th Court lying north of Stirling Road, as legally described in Exhibit"A"("S.W. 181h Court Right-of--Way Vacation")(VC-120-16);and WHEREAS,the City Planning and Zoning Board,held a duly advertised public hearing on February 15, 2017 and recommended approval of the proposed vacation of a portion of SW 181h Court;and WHEREAS,staff recommends approval of the proposed right-of-way vacation;and WHEREAS, the City Commission of Dania Beach (the "City Commission") conducted two(2)duly noticed public hearings in accordance with law;and WHEREAS, the City Commission Ends that granting the requested right-of-way vacation will not adversely affect access to neighboring properties and will not be detrimental to the public health,safety and welfare;and WHEREAS, the City Commission finds that the portion of the right-of-way for S.W. 18th Cottrt subject to this vacation is no longer needed as public right-of-way, and that it is in the best interest of the City to grant the request to vacate a portion of the right-of-way; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: C E A V i p lV A T I O N 1^ rt � ify this to Do t[tlfs and correct co cif WITNESS:'ny hand and official seal of tho Gilt of gania Beaah,13roward County.Flo s:his clay a4 �' -�--,o?� �. a City Clergy ORDINANCE NO. 2017-008 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-120-16) SUBMITTED BY THE GREENSPOON MARDER LAW FIRM ON BEHALF OF THE ADJACENT PROPERTY OWNER, BK STERLING INVESTMENT, LLC, FOR VACATION OF A PORTION OF SW 18TH COURT LOCATED ON THE NORTH SIDE OF STIRLING ROAD WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Chapter 28, entitled"Land Development Code," Part 6, entitled "Development Review Procedures And Requirements," Article 655, entitled "Vacations Of Right-Of-Way" of the City Code of Ordinances (the "City Code"), the Greenspoon Marder Law Firm, on behalf of the property owner, B.K. Sterling Investment, LLC (the "Applicant"), has applied to the City of Dania Beach(the "City") for approval to vacate the east 25 feet of the fifty (50)-foot wide right-of-way for a portion of S.W. 18th Court lying north of Stirling Road, as legally described in Exhibit"A" ("S.W. 18th Court Right-of-Way Vacation") (VC-120-16); and WHEREAS, the City Planning and Zoning Board, held a duly advertised public hearing on February 15, 2017 and recommended approval of the proposed vacation of a portion of SW 18th Court; and WHEREAS, staff recommends approval of the proposed right-of-way vacation; and WHEREAS, the City Commission of Dania Beach (the "City Commission") conducted two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that granting the requested right-of-way vacation will not adversely affect access to neighboring properties and will not be detrimental to the public health, safety and welfare; and WHEREAS, the City Commission finds that the portion of the right-of-way for S.W. 18th Court subject to this vacation is no longer needed as public right-of-way, and that it is in the best interest of the City to grant the request to vacate a portion of the right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Ordinance. Section 2. Pursuant to Chapter 28, entitled"Land Development Code"Part 6, entitled "Development Review Procedures and Requirements" Article 655, entitled "Vacations Of Right- Of-Way" of the City Code, the requested vacation of a portion of the S.W. 18t` Court right-of- way (VC-120-16), as shown on the attached Exhibit"A," is approved. Section 3. If any clause, section, sentence or phrase of this Ordinance is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. This Ordinance shall be in force and take effective immediately upon its passage and adoption. PASSED on first reading on February 28, 2017. PASSED AND ADOPTED on second reading on March 14, 2017. ATTEST: �Q�P�'S F1 alp LOUISE STILSON, CMC , AMARA JAM S', ; CITY CLERK , MAYOR `u A* A"� 1 APPROVED A O FO AND CORRECTNESS: THOMAS J. ANSBRdV CITY ATTORNEY 2 ORDINANCE#2017-008 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF S.W. 18TH COURT (FORMERLY KNOWN AS FERN STREET). BEING A 50 FOOT WIDE ROAD RIGHT-OF-WAY AS SHOWN ON THE DOUGLAS HILL PLAT, RECORDED IN PLAT BOOK 12, PAGE 45, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING WITHIN THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER (S.W. 1/4); THENCE S.87034'45"W., ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE- QUARTER (S.W. 1/4), A DISTANCE OF 219.93 FEET, TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID S.W. 18TH COURT; THENCE N.01042'38"W., ALONG SAID CENTERLINE, A DISTANCE OF 104.05 FEET TO THE POINT OF BEGINNING FO THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE N.01042'38"W., ALONG SAID CENTERLINE, A DISTANCE OF 189.29 FEET, TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 17, BLOCK 1, OF SAID DOUGLAS HILL PLAT; THENCE N.87025'58"E., ALONG SAID EXTENSION, A DISTANCE OF 25.00 FEET, TO A POINT ON A LINE 25.00 FEET EAST OF AND PARALLEL WITH SAID CENTERLINE; THENCE S.01042'38"E., ALONG SAID PARALLEL LINE,A DISTANCE OF 191.13 FEET; THENCE N.88021'23"W., A DISTANCE OF 25.04 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 0.11 ACRES (4.755 SQUARE FEET), MORE OR LESS. 3 ORDINANCE#2017-008