CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

FROM: Richard D. Sala, City Manager

BY: Tammy L. Reed-Holguin, Community Development Director

Mike Shields, Public Works Director

DATE: January 30, 2007

SUBJECT: Abandonment and Vacation of Right-of-Way

5601 N. State Road 7 (West of SR7 at the intersection of Prospect Road)

Request to vacate 15’ right-of-way, dedicated by Plat Book 4, Page 31, BCR, within and along the southerly limits of proposed Tuscany Village Plat.

APPLICANT: Tuscany Village Associates, LLC

(Developed by Cornerstone Group Associates, Inc.)

The applicant Tuscany Village Associates, LLC is requesting to vacate the 15’ right-of-way dedicated by Plat Book 4, Page 31, BCR, within and along the southerly limits of the proposed Tuscany Village Plat. According to the applicant “the subject area does not serve its purpose as a road, but rather as a ditch.” The intentions of the applicant is to fill in the right-of-way and landscape the area to compliment their project of building up to 400 residential units - a combination of townhomes and condominium apartments. The applicant has received approval from the adjacent property owner and is pursuing abandonment of that portion of the right-of-way through the City of Tamarac process. The parcel of land (currently known as Imperial Estates Mobile Home Park) is located at the intersection of N. State Road 7 and Prospect Road, within a proposed Planned Unit Development (PUD) zoning district. The specific intent of the applicant is detailed in Attachments A, B & C and is made a part of this report.

The Development Review Committee (DRC) met on December 18, 2006 to review the project. Staff and Calvin Giordano & Associates, Inc., the City consultants, felt that all the conditions were met and recommends the vacating of the 15’ right-of-way.

RECOMMENDATION:

The Staff recommends the City Commission’s approval to permit the requested vacation of 15’ right-of-way subject to conditions listed below:

1. The affected plat shall be transmitted to the Broward County Development Review Committee.

2. The applicant shall receive approval from any affected party and any other governmental agency having jurisdiction over the subject area.

3. The DRC, Planning and Zoning Board and the City Commission reserve the right to impose any additional requirements deemed necessary during subsequent approval reviews.

If the Commission concurs with this request, a motion is in order as follows:

“To approve the attached Resolution vacating the 15’ right-of-way, dedicated by Plat Book 4, Page 31, BCR, within and along the southerly limits of proposed Tuscany Village Plat and to authorize the transmittal of the Resolution and the underlying Plat affected by the vacation of right-of-way to any other governmental agency having jurisdiction on this matter”.

RESOLUTION NO. _______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA ABANDONING AND OTHERWISE VACATING THAT CERTAIN 15’ RIGHT-OF-WAY DEDICATED BY PLAT BOOK 4, PAGE 31, BCR DESCRIBED AS FOLLOWS: THE SOUTH 15.00 FEET OF TRACT 16, OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF FORT LAUDERDALE TRUCK FARMS AS RECORDED IN PLAT BOOK 4 AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPT THE EAST 227.00 FEET AS MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE EAST LINE OF SAID SECTION 12. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA CONTAINING 16,398 SQUARE FEET OR 0.376 ACRES MORE OR LESS. THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN WITH THE SOUTH LINE OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST BEARING NORTH 89º32’57 EAST.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE NECESSARY DOCUMENTS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Tuscany Village Associates, LLC, through it authorized agent, has made application (the “Applicant”) for the vacation of a 15 foot right-of-way in Tuscany Village, and more particularly described in Exhibit “A”; and

WHEREAS, the Development Review Committee, including the City’s consulting engineer, Public Works Director and Community Development Director have read, reviewed and approved of the Applicant’s request; and

WHEREAS, the City Commission hereby determines this request to be in the best interests of the health, safety and welfare of the citizens and residents of the City;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA THAT:

Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein.

Section 2. The City Commission of the City of North Lauderdale does hereby publicly vacate that certain 15 feet of right-of-way more particularly described in the legal description and sketch attached as Exhibit "A," and made a specific part of this Resolution.

Section 3. The appropriate City officials are hereby authorized and directed to execute the necessary documents to effectuate the purpose and intent of this resolution.

Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution.

Section 6. This Resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF

NORTH LAUDERDALE, FLORIDA, THIS ____ DAY OF ____________, 2007.

ATTEST:

By:________________________________

MAYOR JACK BRADY

_________________________________

CITY CLERK C. MILLI DYER

APPROVED AS TO FORM: ______________________________

VICE-MAYOR RICH MOYLE

____________________________________

CITY ATTORNEY SAMUEL S. GOREN