125.08(A) A petition for vacation of
or easement may be submitted by any of the following:
125.08(A)(1) City Manager; or
125.08(A)(2) Property
owing property abutting the
or subject to the easement.
125.08(B) Petition Requirements. The petition shall be on a form provided by the City Manager. The petition shall include the following:
125.08(B)(1) A legal description and survey of the
or easement petitioned to be vacated. The survey shall also include properties abutting the
or easement to be petitioned;
125.08(B)(2) Opinion of title demonstrating that the
owns fee simple title to the property abutting the
or subject to the easement;
125.08(B)(3) Written consent of all utilities and governmental entities that may have a right to the
or easement;
125.08(B)(4) Proof that all state, county, and City taxes have been paid.
125.08(C) Public Notice. Public notice shall be provided as set forth in § 125.06 of the City Code. In addition, the Applicant shall publish legal notice in two weekly issues of a newspaper of general circulation within Broward County.
125.08(D) Review Procedure. The Applicant is required to provide documentation that the petition complies with the criteria provided for in this section. In order to approve a vacation of or easement, the
needs to determine, in its legislative capacity, that the petition complies with each of the following criteria:
125.08(D)(1) The ownership or right of convenient access of persons owning other parts of the subdivision will not be adversely affected;
125.08(D)(2) The general public will not be adversely affected by the proposed vacation;
125.08(D)(3) Neither the City, any public utility, or any other governmental entity has a present or possibly future need for the
or easement sought to be vacated; and
125.08(D)(4) The vacation is in the public's interest.
(Ord. 2012-01, passed 1-17-2012)