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Home My WebLink AboutO-2022-030 C.W. Thomas Park Right-of-Way Vacation (NW 10th Avenue) (VC-069-22) ORDINANCE NO. 2022-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-069-22) SUBMITTED BY THE PROPERTY OWNER, THE CITY OF DANIA BEACH, FOR THE PROPERTY GENERALLY LOCATED AT 100 NW 8TH AVENUE BETWEEN NW 2 STREET AND NW 1 STREET RESPECTIVELY, WHICH RIGHT OF WAY IS CONTAINED WITHIN THE PLAT OF WEST MOORLAND, RECORDED IN PLAT BOOK 19, PAGE 8, OF THE PUBLIC RECORDS BOOK FOR BROWARD COUNTY, WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS "NORTHWEST 10TH AVENUE," AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, WHICH RIGHT OF WAY IS 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 (the "LDC"), 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 City of Dania Beach, the property owner (the "Applicant"), has applied to the City of Dania Beach (the "City") for approval to Vacate the Right-of-Way (VC-069-22), known as "NW 10th Avenue" (the legal description for the right of way is attached to this Ordinance as Exhibit A); and WHEREAS, the proposed vacation is identified in Exhibit B, which is attached and incorporated into this Ordinance; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on September 21, 2022, and recommended approval of the proposed right of way vacation; and WHEREAS, staff recommended approval of the proposed right of way vacation in its staff report to the City Commission dated September 27, 2022; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with Article 610 of the LDC; 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 NW loth Avenue is no longer needed as a road, and that it is in the best interest of the City to grant the request to vacate the right of way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That 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. That pursuant to Chapter 28, entitled "Land Development Code," Part 6, entitled "Development Review Procedures and Requirements,"Article 655, "Vacations of Right- Of-Way," of the City Code, the requested right of way Vacation (VC-069-22), as delineated on the attached Exhibit"A," is approved. Section 3. That 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. That 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. That this Ordinance shall be in force and take effective immediately upon its passage and adoption. PASSED on first reading on September 27, 2022. PASSED AND ADOPTED on second reading on October 11, 2022. ATTEST: OP Be,4C ,\ , o SL • THOMAS SCHNEIDER, CMC �0 EY ti TA ARA JAME CITY CLERK 8LISH P MAYOR APPROVED AS TO FORM AND CORRECTNESS: EV . BOUTSIS CI Y ATTORNEY 2 ORDINANCE#2022-030 rdinance; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on September 21, 2022, and recommended approval of the proposed right of way vacation; and WHEREAS, staff recommended approval of the proposed right of way vacation in its staff report to the City Commission dated September 27, 2022; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with Article 610 of the LDC; 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 NW loth Avenue is no longer needed as a road, and that it is in the best interest of the City to grant the request to vacate the right of way. EXHIBIT A LEGAL DESCRIPTION BEING THE PUBLIC RIGHT-OF-WAY OF NW 10TH AVENUE,A 25.00 FOOT WIDE STRIP OF LAND, LYING EAST OF AND CONTIGUOUS WITH LOTS 1 THROUGH 10, INCLUSIVE, BLOCK ONE (1), AS SHOWN ON THE PLAT OF WEST MORELAND, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 8 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT ONE(1),AND BOUNDED ON THE SOUTH THE BY EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 10. SAID LAND SITUATED, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. 3 ORDINANCE#2022-030 EXHIBIT B DESCRIPTION. BEING THE PUBLIC RIGHT-OF-WAY OF NW 10TH AVENUE,A 25.00 FOOT WIDE STRIP OF LAND,LYING EAST OF AND CONTIGUOUS WITH LOTS 1 THROUGH 10,INCLUSIVE,BLOCK ONE(1),AS SHOWN ON THE PLAT OF WEST MOORLAND,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 19,PAGE 8 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA;BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT ONE(1),AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 10. SAID LAND SITUATED,LYING AND BEING IN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA BLOCK C I BLOCK B I r w - - - DANETTE DANETTE rn z P.B.16,PG.65,B C.R. P 8.18,PG.85.B.GR w Z Z a 1 BLOCK A A.K. MIIXSON __ _ __--nil—SIRE _-_--__---� DANETtE I SUBDIVISON -----------------------------_-I-------- N,W 2nd STRET� P.B.16.PG 85,6.GR.IP.B.18-PG.1.B.GR. - - - - T - - T - - - � 1 s /; Ir i Op$� 5 ,L4___ A PORTION OF: --_----__--_-1 — — si)• i I M THE NE 1/4, NW 1/4,SW 1/4, SECTION 34-50-42 % / I I s 4,I n % - - i I L— ij/ . 1 1 Y Y s 1 • z d (NOT PLATTED) / % - — — — -::: I 1) , .0 i 0 m ▪ ._`�sm /� 1 1 � •••• �I moo 0 i J - - i i J / i ooa Z ;::. m 1 % m j s o % ••• I :::. ,-n� , 1 I I ... a ••• a-" - - J I 1 I i g %� - - 1- - - ---J L - -� — % � - _ _ _ _ r— -- -- -- NW 1st STREET 1 NOTES THIS 15 NOT A SURVEY B C R = BROWARD COUNTY RECORDS D C R. =DADE COUNTY RECORDS FEVIeION DATE BY SKETCH AND 11T m-- �// LAi.h SURVEYa "S DESCRIPTION ICI a EBBS 1 JC B R RNBB45 DATE OR-IC-22 CTEF'HE '•FE:EY FOR THE FIRM 2.2.HEP.ByWOO9 Lice,evne0 5.7E 204 SCALE MS .HEFT I OF I FRC`ESSI Al SCAVE"OR 3 MAPPER NOLLW,000 VL 33720;A541323-7000 DRAWN BY CM CHECKED BY SK:i FLORICA REGISTRATION NC —4 LI'ENSFU 0USINF55 NC 70 3 4 ORDINANCE#2022-030