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WHEREAS, pursuant
to Chapter 28, entitled “Land Development Code” of Part 6, entitled,
“Development Review Procedures And Requirements” of Article 655, entitled
“Vacations Of Right-Of-Way” (which Article also includes procedures for
vacations of other public place per Section 655.30 of that Article) of the
City Code of Ordinances (the “City Code”), Pulice Land Surveyors, Inc., on
behalf of the property owner, Forest View Estates, LLC (the “Applicant”) has
applied to the City of Dania Beach (the “City”) for approval to vacate a
portion of the plat pertaining to a public park dedication, which plat is
known as the “FOREST VIEW ESTATES” plat, Plat Book 175, Page 182 of the
Public Records of Broward County, located at SW 35th Avenue and
Stirling Road, lying within the City of Dania Beach, as legally described in
Exhibit “A” (Parcel ”P” as depicted on the plat which Exhibit is attached and
incorporated by this reference); and
WHEREAS, the City Planning and Zoning Board,
sitting as the Local Planning Agency, held a duly advertised public hearing
on February 17, 2016 and recommended approval of the proposed vacation; and
WHEREAS, staff recommended approval of
the proposed vacation in its report dated March 8, 2016; and
WHEREAS, the City Commission of the City of Dania
Beach (the “City Commission”) conducted two (2) duly noticed public hearings
in accordance with law; and
WHEREAS, the City Commission has determined that
the submission and approval of a new plat associated with the requested
vacation would cause an undue hardship to the property owner and pursuant to
City Code Section 655-30(D), the City Commission intends to grant a waiver to
the applicant in connection with the requirements for new plat submission and
approval; and
WHEREAS, the City Commission finds that granting
the requested vacation will not adversely affect neighboring properties and
will not be detrimental to the public health, safety and welfare; and
WHEREAS, the City Commission finds that the area of
the plat subject to this vacation is no longer needed as a public park, and
that it is in the best interest of the City to grant the request to vacate
the subject portion of the plat, while reserving rights of the City to
transfer easements for public access and utilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing
“WHEREAS” (recital) clauses are ratified and confirmed as being true and
correct, and they are made a specific part of this Ordinance. The new plat
waiver is granted, as discussed in the applicable recital clause above.
Section 2. Pursuant to
the “Land Development Code” provisions identified in the first recital clause
above, the requested vacation, as shown on the attached Exhibit “B,” is
approved subject to the following conditions:
1. Subject
to reservation by the City of Dania Beach of a ten (10) foot wide easement
for any needed public access and utilities, which easement is currently
depicted on the plat of “FOREST VIEW ESTATES” Plat Book 175, Page 182 of the
Public Records of Broward County; and
2. Subject
to providing City access to the property.
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.
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