HomeMy WebLinkAboutR-2025-061 Nader Property Quit Claim Deed - 3065 NW 45th StreetRESOLUTION NO. 2025-061
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF A POTENTIAL
RIGHT-OF-WAY AREA TO EDGEWORTH AND ROXANA NADER (THE
“NADERS”) BY MEANS OF A QUIT CLAIM DEED; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Naders reside at 3065 NW 45th Street, Dania Beach, FL 33004 with a
legal description of MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 S 175 OF W1/2 OF FOL
DESC,BEG 14 N OF & 478.43 W OF SE COR OF LOT 10 BLK 3 OF SAID SEC,N 613.20
M/L,WLY TO A PT ON W BNDRY LINE OF SAID TR,S TO A PT 14 N OF S BNDRY LINE,E
TO POB, Folio Number 5042 29 01 103; and
WHEREAS, pursuant to their plat, the Naders were to provide a 14 foot easement from
the water line (west) to the east end of their property for a road for a length of approximately 60
feet and provides language that the land may revert back to the property owner without the
easement, if not utilized (although there is no clear date for termination of the right for the easement
to be utilized); and
WHEREAS, there is a fence placed at the property line over the 60 foot by 14 foot area
(“Easement Area”), which would preclude a road from being installed; and
WHEREAS, as the Easement Area is not being used by the City and will not be used by
the City for the road purpose as the Easement Area is adjacent to a canal and across the canal is
another single-family home; and
WHEREAS, the City is providing the Naders a quit claim deed to the Easement Area; and
WHEREAS, The Naders, or the prior record owners, have installed some landscaping and
a decorative wall outside the Easement Area, into the City’s right of way, which right of way
consists of SW 45th Street, which curves around, past The Naders’ property and connects several
other parcels with no other road access (in fact, SW 45th Street, past the curve, consists of a private
road through a 20 foot utility and road access easement over the Nader’s property; and
WHEREAS, The Naders were cited with two code violations under code case no.: 2024-
0540, and were found in violation of the following provisions of the City Code:
(1) 13-34 (a) Nuisance. It shall be unlawful for any owner or operator of premises
within the city to allow the accumulation [of] or to accumulate any garbage, litter,
stagnant water, trash, untended vegetation, or to allow any discoloration, or any
nuisance as defined in section 13-21 above, upon the premises.
2 RESOLUTION #2025-061
(2) FBC 105.1 Permits Required. Obtain any and all permits and approvals
required for any and all construction/building activities on the subject property.
WHEREAS, the City has determined that it is in the best interest of its citizens and residents
for the City to release the potential ROW to place that land back on the tax rolls and as the right-
of-way will never be constructed; and
WHEREAS, the Naders have cured the work without a permit violation and are in the
process of curing the obstruction of the right-of-way violation;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing recitals are true and correct and by this reference are
incorporated into and form a material part of this Resolution.
Section 2. That the proper City Officials are authorized to execute the Quit Claim Deed
to be conveyed by the City by to the Grantees, Edgeworth and Roxana Nader; a copy of the Quit
Claim Deed is attached as Exhibit “A” and is incorporated by reference in this Resolution.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to Exhibit “A”, and related documents as may be deemed necessary and proper for the
best interest of the City and proper City Officials are authorized to do all things necessary and
expedient in order to carry out the intensions of this Resolution.
Section 4. That the Quit Claim Deed shall be recorded in the Public Records of
Broward County, Florida; the cost of recording shall be paid and recorded by the Naders.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6 That this Resolution shall be effective 10 days after passage.
SIGNATURES ON THE FOLLOWING PAGE
3 RESOLUTION #2025-061
PASSED AND ADOPTED on May 13, 2025.
Motion by Commissioner Lewellen, second by Commissioner Ryan
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Prepared by & Return to:
Eve A. Boutsis
City Attorney
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
QUIT CLAIM DEED
This Indenture made this ____ day of___________, 2025 , between the City of
Dania Beach, with an address of 100 W. Dania Beach Blvd., Dania Beach, FL 33004, hereinafter
called the Grantors, to Edgeworth and Roxana Nader, whose mailing address is 3065 NW 45th
Street, Dania Beach, FL 33004, Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties, singular or plural, to this instrument and their heirs, legal representatives and assigns of individuals, and successors and or assigns of corporations)
WHEREAS, The Naders reside at 3065 NW 45th Street, Dania Beach, FL 33004 with a legal
description of MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 S 175 OF W1/2 OF FOL DESC,BEG
14 N OF & 478.43 W OF SE COR OF LOT 10 BLK 3 OF SAID SEC,N 613.20 M/L,WLY TO A PT ON
W BNDRY LINE OF SAID TR,S TO A PT 14 N OF S BNDRY LINE,E TO POB, Folio Number
5042 29 01 103; and
WHEREAS, pursuant to their plat, the Naders were to provide a 14 foot easement from the water
line (west) to the east end of their property for a road for a length of approximately 60 feet and provides
language that the land may revert back to the property owner without the easement, if not utilized (although
there is no clear date for termination of the right for the easement to be utilized); and
WHEREAS, there is a fence placed at the property line over the 60 foot by 14 foot area (“Easement
Area”), which would preclude a road from being installed; and
WHEREAS, as the Easement Area is not being used by the City and will not be used by the City
for the road purpose as the Easement Area is adjacent to a canal and across the canal is another single-
family home; and
WHEREAS, the City is providing the Naders a quit claim deed to the Easement Area that is within
the fenced area (any remainder outside of the fenced area is being utilized by the City as ROW); and
Witnesseth, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby
acknowledged, by these presents does remise, release, quit claim unto the said Grantee and demand which
the said Grantor has in and to that certain parcel of real property, situate, lying and being in Broward
County, Florida to wit:
A parcel of land being a portion of Lot 10, Block 3, Section 29, Township 50 South Range
42 East, PLAT OF SEC'S 28, 29, 31 & 32, T50S, R40E according to the plat thereof, as
recorded in Plat Book 2, Page 32, of the Public Records of Miami-Dade County, Florida,
said parcel being more particularly described as follows:
BEGIN at the Southwest corner of said Lot 10, Block 3;
THENCE on an assumed bearing of N 01°49'33" W along the West line of said Lot 10,
Block 3, a distance of 14.00 feet to a line being 14.00 feet North of and parallel with the
said South line of Lot 10, Block 3;
THENCE N 88°24'44" E along the said parallel line, a distance of 60.08 feet;
THENCE S 01°48'11" E a distance of 14.00 feet to the said South line of Lot 10, Block 3;
THENCE S 88°24'44" W along the said South line of Lot 10, Block 3, a distance of 60.07
feet to the POINT OF BEGINNING.
Said parcel situate within the City of Dania Beach, Broward County Florida, containing
841 square feet, more or less.
The purpose of this Sketch and Legal Description is to describe a portion
of the planter area within the 14' Roadway Easement as recorded in Deed
Book 582, Pg. 15, B.C.R.
TO HAVE AND TO HOLD, the same, together with all singular the appurtenances
thereunto belong or in any wise appertaining, all the states, right, title and interest whatsoever of
the Grantor, either in law or equity, to the property use, benefit, control of the Grantee forever.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the Grantors have hereunto set Grantors’ hands and seals the
day and year first written above.
WITNESSES:
______________________________ _____________________________________
Signature JOYCE L. DAVIS
______________________________ MAYOR
Print Name
______________________________ ______________________________________
Signature ANA M. GARCIA, CITY MANAGER
______________________________
Print Name Approved as to form:_____________________
EVE A. BOUTSIS,
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on _ , 2025, by Joyce L Davis, Mayor of the City of Dania Beach,
who is personally known to me or has produced as
identification.
Witness my signature and official seal this _____ day of _____________, 2025, in the County
and State aforesaid.
_____________________________________
My Commission Expires: Notary Public-State of ___________________
_____________________________________
Print Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on _ , 2025, by Ana M. Garcia, City Manager of the City of Dania
Beach, who is personally known to me or has produced as
identification.
Witness my signature and official seal this _____ day of _____________, 2025, in the County
and State aforesaid.
_____________________________________
My Commission Expires: Notary Public-State of ___________________
_____________________________________
Print Name