File #: 22-598    Version: Name:
Type: Ordinance / Quasi-Judicial Status: Passed
File created: 9/8/2022 In control: City Commission
On agenda: 10/11/2022 Final action: 10/11/2022
Title: P.H. 2022-92: (PUBLIC HEARING 2ND READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ABANDONING A PORTION OF THE FIFTEEN FOOT WATERLINE UTILITY EASEMENT LOCATED WITHIN THE MACY'S PARCEL OF THE POMPANO CITI CENTRE PLAT, COMMONLY KNOWN AS 1190 - 1200 N.E. 23RD STREET; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: N/A) FIRST READING: SEPTEMBER 27, 2022
Attachments: 1. City Attorney Memo.pdf, 2. Ordinance.pdf, 3. SKETCH AND LEGAL - EXHIBIT A Revised- 1190-1200 NE 23RD ST POMPANO BEACH.pdf, 4. Utility Easement Instrument.pdf, 5. Narrative Letterhead.pdf, 6. Highlighted area to be vacated..pdf, 7. 1 Executed Vacation Application.pdf
title
P.H. 2022-92: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ABANDONING A PORTION OF THE FIFTEEN FOOT WATERLINE UTILITY EASEMENT LOCATED WITHIN THE MACY'S PARCEL OF THE POMPANO CITI CENTRE PLAT, COMMONLY KNOWN AS 1190 - 1200 N.E. 23RD STREET; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)

FIRST READING: SEPTEMBER 27, 2022

staffcontact
(Staff Contact: Jean Dolan/David Recor)

summary
Summary Explanation/Background:
This is a request to abandon a 15-foot utility easement, by Linda Strutt on behalf of SVAP Pompano Citi Centre, LP. The easement was conveyed via a separate instrument accepted by the City of Pompano Beach on June 15, 2009. The location of the easement is on property within the Citi Center (1190-1200 East Copans Road), where it is encumbering the redevelopment of that site to include residential units. There is a waterline located within the easement, however it will be rerouted and privately maintained. Since this Easement was dedicated through a separate instrument rather than the Plat, this abandonment will not be reviewed by the Planning and Zoning Board. Instead, City Staff makes a recommendation and the request proceeds to the City Commission for final consideration.

Staff has reviewed the request with consideration of the requirements of Code Section 155.2431 D. 1. & 2., which states: 1. The easement is not now, or in the foreseeable future, of any benefit to the city or its inhabitants; and 2. The abandonment of the easement is consistent with the comprehensive plan. Staff has determined that this criteria has been met and therefore recommends approval of this abandonment request.

Origin of request for this action: Linda Strutt of Linda Strutt Consulting, Inc. on behalf of SVAP Pompano Citi Centre, LP
Fiscal impact and source of funding: N/A

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