HomeMy WebLinkAboutO-2023-013 Vacation of ROW for Mullikin ParkORDINANCE NO. 2023- Q 1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE RIGHT-OF-WAY VACATION
REQUEST (VC-095-22) SUBMITTED BY PROPERTY OWNER THE CITY OF
DANIA BEACH, FOR THE PROPERTY (PORTION OF SW 21 TERRACE OF
SW 2ND PLACE) GENERALLY LOCATED NORTH AND SOUTH OF
MULLIKIN PARK AT 230 SW 1sT COURT, 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 property owner, The
City of Dania Beach (the "Applicant"), has applied for approval to vacate the right-of-way (VC-
095-22), which is currently unimproved right-of-way (the legal description for the right-of-way is
attached to this Ordinance; and
WHEREAS, the proposed vacation is identified in the Exhibits which are 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 April 26, 2023 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 May 9, 2023; 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 right-of-way to the north and south of
Mullikin Park is no longer needed as a road, and that it is in the best interest of the City of Dania
Beach 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. 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, "Vacations of Right -Of -
Way," of the City Code, the requested right-of-way vacation (VC-095-22), as delineated in the
attached Exhibits are approved.
Section 3. Title to the vacated right-of-ways shall be disbursed as follows:
A. Southeast portion of southern right-of-way (SW 2"d Place) shall be quit -claimed
by the City of Dania Beach to Bonnie Canino, 238 SW 1st Avenue, Dania
Beach, Florida 333004. (The legal description and survey attached as Exhibit
A).
B. Southwest portion of the southern right-of-way (SW 2°d Place) shall be quit-
claimed to Tamyra Barnard and Victor Herrera, 239 SW 1st Court, Dania Beach,
Florida 33004. (The legal description and survey attached as Exhibit B).
C. Northern portion of the southern right-of-way (SW 2°d Place) shall be quit-
claimed to the City of Dania Beach for expansion of Mullikin Park. (The legal
description and survey are attached as Exhibit Q.
D. Northeast portion of the right -of way (SW 2"d Terrace) shall be quit -claimed to
John H. Bartley, Jr. and Doreen Anne Bartley, 218 SW 1st Avenue, Dania
Beach, Florida 33004. (The legal description and survey are attached as Exhibit
D).
E. Northwest portion of the right-of-way (SW 2"d Terrace) shall be quit -claimed
to Isaac Mizhari, 213-219 SW Is' Court, #1-3, Dania Beach, Florida 33004.
(The legal description and survey are attached as Exhibit E).
F. Southern portion of the right-of-way (SW 2"d Terrace) shall be quit -claimed to
the City of Dania Beach for expansion of Mullikin Park. (The legal description
and survey are attached as Exhibit F).
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Section 4. 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 5. 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 6. This Ordinance shall be in force and take effective immediately upon its
passage and adoption.
PASSED on first reading on June 13, 2023.
PASSED AND ADOPTED on second reading on June 27, 2023.
ATTEST:
CITY CLERK
AS TO FORM AND CORRECTNESS:
ATTORNEY
ARCHIBALD J. rAN IV
MAYOR 1
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LEGAL DESCRIPTION
ORDINANCE #2023- D' J