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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-030Introduced by: C`7yj Temp. # 5 �� CITY OF TAMARAC, FLORIDA ORDINANCE NO. — �'-c3(7 AN EMERGENCY ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING AN EXCEPTION TO EXISTING SITE PLAN AND ZONING ORDINANCES AND AUTHORIZING THE REMOVAL OF FILL FROM A ROCK PIT LOCATED UPON THE PROPERTY DESCRIBED AS A PORTION OF SECTION 8, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH- WEST CORNER OF SAID SECTION 8; THENCE N 00000'51" E ALONG THE WEST LINE OF SAID SECTION 8, A DISTANCE OF 60.01 FEET; THENCE S 88059'06" E, ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 53.01 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00000'51" E, ALONG A LINE 53.00 FEET EAST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SECTION 8, A DISTANCE OF 2080.08 FEET; THENCE S 88059'06" E, A DISTANCE OF 1265.07 FEET: THENCE S 00001'37" E, A DISTANCE OF 2080.11 FEET; THENCE N 88059'06" W, ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 1266.56 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. CONTAINING 60.44 ACRES, MORE OR LESS, AND LOCATED IN THE CITY OF TAMARAC, FOR A PERIOD OF SIXTY DAYS FROM THE DATE OF THE ENACTMENT OF THIS ORDINANCE FOR THE EXPRESS PURPOSE OF PROVIDING FILL FOR THE CONSTRUCTION OF McNAB ROAD, EAST OF 70TH AVENUE, TAMARAC, to 64TH AVENUE, TAMARAC (81ST AVENUE IN NORTH LAUDERDALE); SETTING FORTH EMERGENCY SITUATION; PROVIDING FOR AUTOMATIC REPEAL SIXTY-ONE DAYS AFTER ENACTMENT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION 1: FINDING OF EMERGENCY The owner of the property described in Exhibit 1, attached hereto and made a part hereof, has used a portion of said property as a rock pit in the past. There now exists certain questions concerning the continued use of the property as a rock pit under the Ordinances of the City of Tamarac which will entail a considerable amount of research to resolve. The owner of the property described in Exhibit 1 has consented to the removal of fill from the rock pit for the purpose of the construction of McNab Road, East of 70th Avenue in Tamarac to 64th Avenue in Tamarac. The owner of the property described in Exhibit 1 is willing to begin said construction of said roadway immediately. The construction of the road as quickly as possible is necessary in order to provide better fire and emergency rescue services to residents of the City of Tamarac. SECTION 2: An exception is hereby granted to existing site plan and zoning ordinances of the City of Tamarac for a period of sixty days for the property described in Exhibit 1 for the express purpose of providing fill for the construction of McNab Road, East of 70th Avenue to 64th Avenue in Tamarac (81st Avenue in North Lauderdale). SECTION 3: The City Manager is directed to revoke authority to use the property described in Exhibit 1 for the removal of fill if it is determined by him that the fill is being used for any purpose other than for providing fill for McNab Road, East of 70th Avenue to 64th Avenue, Tamarac, (81st Avenue, North Lauderdale). SECTION 4: This Ordinance shall be automatically repealed sixty-one days from its enactment. Prior to the expiration of this Ordinance, it is expected that the out- standing legal questions concerning this property's use will be resolved. SECTION 5: Enactment of this Ordinance is not an acknowledgment that any use of the property described in Exhibit 1 is authorized by the Ordinances of the City of Tamarac, Florida. -2- SECTION 6: This Ordinance shall be effective upon passage or as soon thereafter as is provided by law. PASSED AND ENACTED this 15th DAY OF MAY, 1978. As / 1 ATTEST: Q.a-atCITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE aWat'All&La� CITY ATTORNE,Y E RECORD OF COUNCIL VOTE MAYOR W. EALCK VIM H. 1WAASSr R.0 QM 11. V VENEER C/M 1. , DISRAELLY a., QM M. KLIKA -3- 0 DESCRIPTION: 60 ACRE PARK AND LAKE A portion of Section 8, Township 49 South, Range 41 East, being more particularly described as follows: Commencing —at the Southwest corner of said' Section 8,; thence N 00,00'51" E; along the West' lir4f of said Section 8, a distance of 60.0/ feet; thence S 88'59'0E" ,E., along a line 6000 feet North of and parallel wit-%.as-measartd ,at-rirght'angles to the South line of said Section 8, a distance of 53.011feet to.the Point of Beginning of this description; thence N 001"00'51E, along a line 53.00 feet East of and parallel with as measure! at riaht.angles to the west line of -said Section.--8, a distance of ZC5a35' fPet; thence S 88°591CV' E, a distance of i2(o5.o7 feet; „ -- thence S 0'0`G:'37" E, a cistanct frcp60.<< fe�t;..thencP ►v 88'� 9'06" along a line 6o.00 feet .l,,rth f anc "parallel with as measured at right analPs to the South _line of said Section , ?ist:rce of iz6GSG felt to the Point ,)f- beg1nriinq. Said lands situate, lying anr, bung in $rowarr' aunty, Florida. Containing 60.44 Hcres, more or less. EXHIBIT 1