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HomeMy WebLinkAboutR-2003-226-First baptist church road waiver RESOLUTION NO. 2003-226 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, INDICATING NO OBJECTION TO AN APPLICATION BY REVEREND RICHARD AUSTIN OF THE FIRST BAPTIST CHURCH OF DANIA BEACH TO WAIVE 10 FEET OF BROWARD COUNTY TRAFFICWAY REQUIREMENT FOR A PARCEL LOCATED ON THE NORTHEAST CORNER OF SHERIDAN STREET AND SE 2ND AVENUE IN THE CITY OF DANIA BEACH; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Reverend Richard Austin, of the First Baptist Church of Dania Beach has filed an application for a waiver of the Broward County Trafficways Plan to waive 10 feet of the trafficway requirement (Sheridan Street; east of US 1) associated with the proposed construction of the First Baptist Church of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That a co of the preliminary site development plan illustrating the copy p rY location of the proposed improvements, based on the approval of a 10 foot waiver from the Broward County Trafficways Plan was reviewed by the City Commission of the City of Dania Beach; Section 2. That the City Commission of the City of Dania Beach, after its review of the preliminary site development plan, hereby indicates no objection to waiving 10 feet of the Broward County Trafficway Requirement (Sheridan Street; east of US 1) for a parcel specifically located on the northeast corner of Sheridan Street and SE 2"d Avenue in the City of Dania Beach. Section 3. That a copy of this Resolution shall be forwarded to the Broward County Planning Council for their consideration. 1 RESOLUTION NO. 2003- 226 Section 4. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23`d day of September, 2003. OB A TO MAYOR — OMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES COMMISSIONER FLURY - YES COMMISSIONER MIKES — YES CHARLENE JOHNSON VICE-MAYOR MCELYEA- YES CITY CLERK MAYOR ANTON - YES ` APPROVED AS O FORM AND CORRECTNESS: BY: TH bMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2003- 226 LAW OFFICES RYAN c& RYAN, LLC THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004-3090 ARCHIE J. RYAN III CHRISTO HER J. RYAN' November 10, 2003 TFACSIMILE(954)9211-1247 JOSHUA S. PINSKY 'Board Certified City, County and Local Government Lawyer Thomas J. Ansbro, Esq. Weiss Serota Helfman Pastoriza Guedes Cole &Boniske, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 Re: First Baptist Church of Dania Holding Company Our File No. 18567E Dear Tom: Enclosed please find the original executed and recorded Release from First Baptist Church of Dania Holding Company to City of Dania Beach regarding the right-of-way waiver on Sheridan Street. Thank you for your continued professional courtesies in this matter, and please feel free to contact me if you have any questions regarding same. Very 1 ours, i CH S OP R J.nRYA CJR:cbe Enclosure cc: First Baptist Church of Dania Holding Company(w/encl.) _ INSTR#103382934 OR BK 36206 Pages 4-6 RECORDED 10/08/03 13:17:51 BROWARD COUNTY COMMISSION DEPUTY CLERK 1004 #1,3 Pages DOCUMENT COVER PAGE Incorporated in and becoming a PERMANENT PART of: This Space Reserved for County Recorder Use L Document Description: RELEASE (Title of document-i.e. Warranty Deed, Mortgage,Assignment of Mortgage) Executed by: FIRST BAPTIST CHURCH OF DANIA HOLDING COMPANY To: CITY OF DANIA BEACH, FLORIDA Brief Legal Description: Lots 16, 17 and 18 less the south 28 feet, Block 3 and (if applicable) Lots and ZU, Block — 0 , P — 33 RYAN & RYAN, LLC SWILL GALL BOX 60 *Return Recorded Document to: (Name&Address)_ -- - ---- _ Christopher k Ryan, Esq. Ryan& Ryan,LLC - ® — 700 E. Dania Beach Blvd. 3rd FL _ Dania Beach, Florida. 33004-3090 - RELEASE ® The FIRST BAPTIST CHURCH of Dania Holding Company, a Florida not-for-profit corporation, and its successors, heirs, assigns, executors, personal representatives, administrators, agents, representatives, attorneys and any person and any entity claiming by, through or under it ("Releasor"), for and in-consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and adequacy of which are acknowledged, remises, releases, acquits, satisfies and forever discharges CITY OF DANIA BEACH, FLORIDA, including its elected officials, officers, employees, agents, successors, assigns, and all other persons and entities claiming by through or under it ("Releasees"), from every and any manner of action and actions, cause and causes of action, damages, suits and claims and demands whatsoever, whether known or unknown, in law or in equity, which Releasor ever had, now has, or which Releasor, or anyone claiming by, through or under Releasor subsequently can, shall or may have against Releasees, upon or by reason of any matter, cause or thing whatsoever, specifically including, but in no way limited to, all matters arising from or relating to issuance by Releasee City of Dania Beach to Broward County, Florida of a letter or statement of "no objection" to waiver by Broward County of a ten foot (10) right-of-way requirement imposed by ® the Trafficways Plan of Broward County, Florida for the possible future road-widening of Sheridan Street, specifically including that portion of the street adjacent to property owned by the Church and located at the northeast corner of Sheridan Street and SE 2nd Avenue in the City of Dania Beach, Florida. Releasor also specifically releases Releasees from any claims for compensation of any kind for any taking or destruction of any Church property, real, personal or both and any improvements, in the event the Sheridan Street roadway is widened and Church land, personalty, improvements or any of the foregoing are taken, destroyed or demolished, in whole or in part, by eminent domain or otherwise. The legal description of the Church property is Lots 16, 17 and 18 less the south 28 feet thereof, block 3, and lots 19 and 20, block 2, of St. James Park-north, according to the plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of Broward County, Florida. Releasor further agrees to indemnify, defend and hold Releasees free and harmless from any and all claims of any nature or kind whatsoever by any individual or entity whatsoever arising from or in connection with the foregoing right-of- way improvement, widening or both. It is further understood and agreed by and between the parties identified in this Release • that no promise, assurance, warranty, representation or agreement not expressed in this document has been made by the parties to this Release and that the terms of the Release are contractual and not a mere recital. • This Release shall be governed by and construed in accordance with the laws of the State of Florida. Releasor agrees to record this document in the Broward County Public Records against the Church property legally described above, at Releasor's expense and to furnish City a recorded copy of it. IN WITNESS OF THE FOREGOING, the undersigned executed this document on 2003. WiiNESSESS FIRST BAPTIST CHURCH OF DANIA Signatur " HOLDING COMPANY, a Florida not-for- profit corporation U i 0� Richard Austin, President Print Name ATTESA;"Z" Signature William E. Fox, Jr., Vice Presi -nt KaWI een T- q Ie-s kas Print Name STATE OF FLORIDA ) )SS: CO'tJNTY OF BROWARD ) I CERTIFY that on 9 , 2003, before me, an officer duly authorized in the State aforesaid, before me appeared Richard Austin who is personally known to me (or who provided FL rJriux;r, L ccr)aR as identification) and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes expressed in it. NOTARY PUBLIC, State of Florida at Large My Commission;Expire 7L:2 ORM)AL E%P JCn�r�79 2004 LAW OFFICES RYAN & RYAN, LLC THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004-3090 ARCHIE J.RYAN III TIMOTHY M. RYAN TELEPHONE(954)920-2921 CHRISTOPHER J. RYAN* October 15, 2003 FACSIMILE(954)921-1247 JOSHUA S. PINSKY "Board Certified City, County and Local Government Lawyer Thomas J. Ansbro, Esq. Weiss Serota Helfman Pastoriza ,,ram-uedeS (_,'Ole .& Boni-sk P.A. 3107 Stirling Road, Suite 300 �- Fort Lauderdale, FL 33312 1 Re: First Baptist Church of Dania Holding Company Our File No. 18567E Dear Tom: Enclosed please find a copy of the recorded Release for the First Baptist Church.of Dania Holding Company relating to the right-of-way waiver on Sheridan Street and NE-2nd Avenue. Thank you for your professional courtesies in this matter, and please feel free to contact me if you have any questions regarding same. Ve tyours, CH ER J. RYAN CJ R.cbe Enclosure cc: First Baptist Church (w/encl.) 4 - INSTR#103382934 OR BK 36206 Pages 4-6 RECORDED 10/08/0313:17:51 BROWARD COUNTY COMM155ION DEPUTY CLERK 1004 #1,3 Pages DOCUMENT COVER PAGE Incorporated in and becoming a PERMANENT PART of: This Space Reserved for County Recorder Use Document Description: RELEASE (Title of document-i.e. Warranty Deed, Mortgage,Assignment of Mortgage) Executed by: FIRST BAPTIST CHURCH OF DANIA HOLDING COMPANY . To: CITY OF DANIA BEACH, FLORIDA Brief Legal Description: Lots 16, 17 and 18 less the south 28 feet, Block 3 and (if applicable) o s anBlock PARK—NORTH, PB — 33, RYAN & RYAN, LLC W1LL CALL S0X 60 *Retum Recorded Document to: (Name &Address) -- --—-------- Cl--lristopher-_J.Ryan,-Esn.---------- ------ -- ------- ------- ---- --- ----- Ryan&Ryan,LLC • — 700 E. Dania Beach Blvd. 3rd FL _ _. Dania Beach,Florida. 33004-3090 RELEASE The FIRST BAPTIST CHURCH of Dania Holding Company, a Florida not-for-profit corporation, and its successors, heirs, assigns, executors, personal representatives, administrators, agents, representatives, attorneys and any person and any entity claiming by, through or under it ("Releasor"), for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and adequacy of which are acknowledged, remises, releases, acquits, satisfies and forever discharges CITY OF DANIA BEACH, FLORIDA, including its elected officials, officers, employees, agents, successors, assigns, and all other persons and entities claiming by through or under it ("Releasees"), from every and any manner of action and actions, cause and causes of action, damages, suits and claims and demands whatsoever, whether known or unknown, in law or in equity, which Releasor ever had, now has, or which Releasor, or anyone claiming by, through or under Releasor subsequently can, shall or may have against Releasees, upon or by reason of any matter, cause or thing whatsoever, specifically including, but in no way limited to, all matters arising from or relating to issuance by Releasee City of Dania Beach to Broward County, Florida of a letter or statement of "no objection" to waiver by Broward County of a ten foot (10" right-of-way requirement imposed by the Trafficways Plan of Broward County, Florida for the possible future road-widening of Sheridan Street, specifically including that portion of the street adjacent to property owned by the Church and located at the northeast corner of Sheridan Street and SE 2"a Avenue in the City of Dania Beach, Florida. Releasor also specifically releases Releasees from any claims for compensation of any kind for any taking or destruction of any Church property, real, personal or both and any improvements, in the event the Sheridan Street roadway is widened and Church land, personalty, improvements or any of the foregoing are taken, destroyed.or demolished, in whole or in part, by eminent domain_ or otherwise. The legal description of the Church property is Lots.16, 17 and 18 less the south 28 feet thereof, block 3, and lots 19 and 20, block 2, of St. James Park-north, according to the plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of Broward County, Florida. Releasor further agrees to indemnify, defend and hold Releasees free and harmless from any and all claims of any nature or kind whatsoever by any individual or entity whatsoever arising from or in comlection with the foregoing right-of- way improvement, widening or both. It is further understood and agreed by and between the parties identified in this Release • that no promise, assurance, warranty, representation or agreement not expressed.in this document has,been made by the parties to this Release and that the terms of the Release are contractual and not a mere recital. ® This Release shall be governed by and construed in accordance with the laws of the State of Florida. Releasor agrees to record this document in the Broward County Public Records against the Churchh property legally described above, at Releasor's expense and to furnish City a recorded copy of it. IN WITNESS OF THE FOREGOING, the undersigned executed this document on 2003. WITNESSESS FIRST BAPTIST CHURCH OF DANIA Signatur HOLDING COMPANY, a Florida not-for- profit corporation Richard Austin, President Print Name • ATTEST: Signature ' William E. Fox, Jr., Vice Presi -nt Print Name STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I CERTIFY that on 9 ' , 2003, before me, an officer duly authorized in the State aforesaid, before me appeared Richard Austin who is personally known to me (or who provided FL T�r��e's Ucan-e as identification) and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes expressed in it. NOTARY PUBLIC,State of Florida at Large My Conunission Expire A • cOMMMON NO.(C99 D94 WEISS SEROTA HELFMAN PASTORIZA GUEDES COLS & BONISIiE, P.A. ATTORNEYS AT LAW QITCHELL A. BIERMAN BROWARD OFFICE - JENNIFER A.GOLDBERG NINA L.BONISKE - 3107 STIRLING ROAD, SUITE 300 DOUGLAS R.GONZALES JAMIE ALAN COLE MARK B.KRAVITZ EDWARD G.GUEDES FORT LAUDERDALE, FLORIDA 33312 CHRISTOPHER F.KURTZ STEPHEN J. HELFMAN HARRIETR. LEWIS' JOHN R. HERIN,JR. JAMIE ALAN COLE PETER A.LICHTMAN GILBERTO PASTORIZA MANAGING SHAREHOLDER-BROWARD OFFICE KAREN LIEBERMAN* GARY 1.RESNICK MATTHEW H. MANDEL JOSEPH H.SEROTA - - BERNARD S. MANDLER' NANCY E.STROUD TELEPHONE 954-763-4242 MICHAEL J. MARRERO RICHARD JAY WEISS TELECOPIER 954-764-7770 ALEXANDER L. PALENZUELA-MAURI DAVID M.WOLPIN MICHAEL S. POPOK' WWW.WS H-F LALAW.COM STEVEN W.ZELKOWITZ ANTHONY L. RECIO MIAMI-DADE OFFICE MARK A.ROTHENBERG 2665 SOUTH BAYSHORE DRIVE •SUITE 420 SCOTT A.ROBIN _ THOMAS J.ANSBRO' MIAMI, FLORIDA 33133 DANA J.SCHINDLER LILLIAN ARANGO DE LA HOZ' TELEPHONE 305-854-0800 • TELECOPIER 365-854-2323 GAIL D.SEROTA' ALISON S. BIELER JEFFREY P.SHEFFEL MITCHELL J.BURNSTEIN MIA M.SINGH ELAINE M.COHEN 'OF COUNSEL JOSE S.TALAVERA STEPHANIE DEUTSCH' SUSAN L.TREVARTHEN September 29, 2003 Chris Ryan, Esq. Ryan &Ryan, P.A. 700 East Dania Beach Boulevard 3rd floor • Dania Beach, FL 33004 Re: First Baptist Church of Dania Beach, Florida; General Release Dear Chris: Enclosed please find another "General Release" regarding the First Baptist Church of Dania Beach, Florida, as you requested. As you advised, the original appears to have been misplaced. Please also recall that this must be recorded at your client's expense and recorded copies should be furnished to the City Cleric and Mr. Leeds. Very truly yours, Thomas J. Ansbro 566.013-28 TJA:slw .. Enclosure cc: Larry Leeds, Community Services Director Corrine Church,Principal City Planner Charlene Johnson, City Clerk RELEASE • The FIRST BAPTIST CHURCH of Dania Holding Company, a Florida not-for-profit corporation, and its successors, heirs, assigns, executors,personal representatives, administrators, agents, representatives, attorneys and any person and any entity claiming by, through or tinder it ("Releasor"), for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and adequacy of which are acknowledged, remises, releases, acquits, satisfies and forever discharges CITY OF DANIA BEACH, FLORIDA, including its elected officials, officers, employees, agents, successors, assigns, and all other persons and entities claiming by through or under it ("Releasees"), from every.and any manner of action and actions, cause and causes of action, damages, suits and claims and demands whatsoever, whether known or unknown, in law or in equity, which Releasor ever had, now has, or which Releasor, or anyone claiming by, through or under Releasor subsequently can, shall or may have against Releasees, upon or by reason of any matter, cause or thing whatsoever, specifically including, but in no way limited to, all matters arising from or relating to issuance by Releasee City of Dania Beach to Broward County, Florida of a letter or statement of "no objection" to waiver by Broward County of a ten foot (10') right-of-way requirement imposed by • the Trafficways Plan of Broward County, Florida for the possible future road-widening of Sheridan Street, specifically including that portion of the street adjacent to property owned by the Church and located at the northeast corner of Sheridan Street and SE 2nd Avenue in the City of Dania Beach, Florida. Releasor also specifically releases Releasees from any claims for compensation of any kind for any taking or destruction of any Church property, real, personal or both and any improvements, in the event the Sheridan Street roadway is widened and Church land, personalty, improvements or any of the foregoing are taken, destroyed or demolished, in whole or in part, by eminent domain or otherwise. The legal description of the Church property is Lots 16, 17 and 18 less the south 28 feet thereof, block 3, and lots 19 and 20, block 2, of St. James Park-north, according to the plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of Broward County, Florida. Releasor further agrees to indemnify, defend and hold Releasees free and harmless from any and all claims of any nature or bind whatsoever by any individual or entity whatsoever arising from or in connection with the foregoing right-of- way improvement, widening or both. It is fiirther understood and agreed by and between the parties identified in this Release • that no promise, assurance, warranty, representation or agreement not expressed in this document y has been made by the parties to this Release and that the terms of the Release are contractual and not a mere recital. This Release shall be governed by and construed in accordance with the laws of the State of Florida. Releasor agrees to record this document in the Broward County Public Records against the Church property legally described above, at Releasor's expense and to furnish City a recorded copy of it. IN WITNESS OF THE FOREGOING, the undersigned executed this document on 2003. WITNESSESS FIRST BAPTIST CHURCH OF DANIA Signature HOLDING COMPANY, a Florida not-for- profit corporation Richard Austin, President Print Name • ATTEST: Signature William E. Fox, Jr., Vice President Print Name STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I CERTIFY that on , 2003,before me, an officer duly authorized in the State aforesaid, before me appeared Richard Austin who is personally known to me (or who provided as identification) and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes expressed in it. NOTARY PUBLIC, State of Florida at Large • My Commission Expires: _ AGENDA REQUEST FORM CITY OF DANIA BEACH 100 AGENDA ITEM NO. i 1. DATE OF COMMISSION MEETING: SEPTEMBER 23, 2003 2. DESCRIPTION OF AGENDA ITEM: REQUEST BY REVEREND RICHARD AUSTIN, FIRST BAPTIST CHURCH OF DANIA BEACH — FOR NO OBJECTION TO WAIVING 10 FEET OF THE BROWARD COUNTY TRAFFICWAY REQUIREMENT(SHERIDAN STREET; EAST OF US 1) 3. COMMISSION ACTION BEING REQUESTED: APPROVE RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: No Objection to Waiver of the Broward County Trafficway Plan Requirement, associated with the proposed construction of the First Baptist Church of Dania Beach S. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Request for Support of Waiver by First Baptist Church of Dania Beach Site Plan • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Submitted by: Laurence G. Leeds, AICP, Director Date September 16,2003 Growth Management Department City Manager Date CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: September 23, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �� C SU E a Trafficway Waiver Request: Request by the First Baptist Church to locate a proposed building 90 feet from the centerline of Sheridan Street (Minimum 100 foot setback required to comply with Broward County Trafficways Plan) for property located at the north east corner of Sheridan Street and SE 2"d Avenue. The Broward County Trafficways Plan identifies Sheridan Street (east of US 1) as having a future right-of-way width of 200 feet. The City Comprehensive Plan requires that new development comply with the Trafficways Plan. The subject property is currently vacant. The required Sheridan Street setback, • based on the County Trafficways Plan, is 48 feet. Applicant proposes a 38 foot front yard setback. The church is requesting the City's support to waive the difference (10 feet). The Broward County Trafficways Committee will not consider the waiver without a "statement of no objection"from the City. The church will be setback 38 feet from Sheridan Street and 15 feet from SE 15t' Street to the rear. In the short term, approval of the 10 foot waiver will not affect the roadway. Medium to long term, 5 — 10 years, granting the waiver could require demolition of all or part of the church. Please note there is a plan to widen a portion of Sheridan Street to six (6) lanes west of SE 2"d Avenue within the next 5-7 years. It is unclear what affect this waiver would have on the roadway widening. When this was last presented to the City Commission, staff requested the City attorney..comment,on the-City's_exposure..in supporting.the.waiver if future widening requires demolition of all or part of the church. Staff has not yet received comments from the attorney on this issue. RECOMMENDATION (DIRECTOR OF PUBLIC SERVICES) The Director of Public Services (see attached letter) has no objection to a ten foot waiver subject to provision of a hold harmless agreement. The hold harmless agreement shall be reviewed by the City Attorney to confirm it insulates the city from damages due to a subsequent taking of the 10 foot waiver area. Applicant to pay all city attorney fees related to this request. ITT OF DANIA Utilities and Public Works Phone : 954-924-3742 P. O. Box 1708 Fax: 954-923-1109 Dania Beach FL 33004 September 4, 2003 First Baptist Church Pastor Richard Austin SE 2"d Ave Dania Beach, FL 33004 Having reviewed the Broward County MPO and the project plan from FDOT the City of Dania Beach has no objection to the waiver of a ten foot right of way requirement provide the city receives a Hold Harmless agreement from the owner of the property which must be tiled with the appropriate agencies. If you have any question or concerns please call. g,&cerely, chael J. Jh i#an, P. Director of Public Services Cc: City Manager, Ivan Pato City Attorney, Thomas Ansbro • Community Development Director, Lawrence Leeds RELEASE The FIRST BAPTIST CHURCH of Dania Holding Company, a Florida not-for-profit corporation, and its successors, heirs, assigns, executors, personal representatives, administrators, agents, representatives, attorneys and any person and any entity claiming by, through or under it ("Releasor"), for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and adequacy of which are acknowledged, remises, releases, acquits, satisfies and forever discharges CITY OF DANIA BEACH, FLORIDA, including its elected officials, officers, employees, agents, successors, assigns, and all other persons and entities claiming by through or under it ("Releasees"), from every and any manner of action and actions, cause and causes of action, damages, suits and claims and demands whatsoever, whether known or unknown, in law or in equity, which Releasor ever had, now has, or which Releasor, or anyone claiming by, through or under Releasor subsequently can, shall or may have against Releasees, upon or by reason of any matter, cause or thing whatsoever, specifically including,but in no way limited to, all matters arising from or relating to issuance by Releasee City of Dania Beach to Broward County, Florida of a letter or statement of "no objection" to waiver by Broward County of a ten foot (10')right-of-way requirement imposed by the Trafficways Plan of Broward County, Florida for the possible future road-widening of Sheridan Street, specifically including that portion of the street adjacent to property owned by the Church and located at the northeast corner of Sheridan Street and SE 2nd Avenue in the City of Dania Beach, Florida. Releasor also specifically releases Releasees from any claims for compensation of any kind for any taking or destruction of any Church property, real, personal or both and any improvements, in the event the Sheridan Street roadway is widened and Church land, personalty, improvements or any of the foregoing are taken, destroyed or demolished, in whole or in part, by eminent domain or otherwise. The legal description of the Church property is Lots 16, 17 and 18 less the south 28 feet thereof, block 3, and lots 19 and 20, block 2, of St. James Park-north, according to the plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of Broward County, Florida. Releasor further agrees to indemnify, defend and hold Releasees free and harmless from any and all claims of any nature or kind whatsoever by any individual or entity whatsoever arising from or in connection with the foregoing right-of- way improvement, widening or both. It is further understood and agreed by and between the parties identified in this Release • that no promise, assurance, warranty, representation or agreement,not expressed in this document has been made by the parties to this Release and that the terms of the Release are contractual and not a mere recital. This Release shall be governed by and construed in accordance with the laws of the State of Florida. Releasor agrees to record this document in the Broward County Public Records against the Church property legally described above, at Releasor's expense and to furnish City a recorded copy of it. IN WITNESS OF THE FOREGOING, the undersigned executed this document on '5`7'"_—, 2003. WITNESSESS FIRST BAPTIST CHURCH OF DANIA Siinatuo HOLDING COMPANY, a Florida not-for- profit corporation Richard Austin,President Pnnt Name • ATTEST: Signature William t. Fox, Jr., ice Preset V-Dk eeO T=q �e-sta,s Print Name STATE OF FLORIDA ) )SS: COUNTY OF BROWARD ) I CERTIFY that on 9 `� , 2003, before me, an officer duly authorized in the State aforesaid, before me appeared Richard Austin who is personally known to me (or who provided 'FL 17r'W1;0 LJCU-�&e as identification)_and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes expressed in it. c NOTARY PUBLIC, State of Florida at Large My Commission Expire RUM WAISOF L . E:A NO A EXP 19 4 u 0 FIRST BAPTIST CHURCH 213 SHERIDAN ST. SUITE 1 • DANIA BEACH, FL 33004 TES: (954) 920-9090 ® FAx: (954) 367-0397 July 31, 2003 Mayor Robert Anton City of Dania Beach AUG _ , 2003 100 W. Dania Beach Boulevard Dania Beach,Florida 33004 Dear Mayor Anton: The First Baptist Church of Dania Beach is pleased to inform you that we are planning to construct a new building for our congregation on the corner of Sheridan Street and SE 2nd Avenue. The new facility will have a worship area, multiple purpose room, kitchen and office space and will allow us to better serve the needs of our congregation and the community. The design for the new building, parking area and landscaping provide what we consider an aesthetically pleasing and efficient use of our land. We have been advised that Broward County requires that we dedicate 58 feet on the southern boundary of our property along Sheridan Street for future roadway use under their trafficways plan. The requested dedication will require us to redesign our current plans. We believe the amount of land requested by Broward County exceeds the apace they will require for any future expansion of Sheridan Street and will adversely impact our development plan. It is for this reason that we are filing an Application for a Waiver of the Broward County Trafficways Plan Dedication Requirements and ask that Broward County reduce the amount of the dedication by 10 feet. A waiver of 10 feet will provide Broward County adequate area to construct future roadway improvements while allowing us to proceed to build our new facility as planned..We.have-enclosed a preliminary site development plan to illustrate the location of our proposed improvements based on approval of the 10 foot waiver. The Application for Waiver of the Trafficways Plan Dedication includes the recommendation of the municipality where the real property is located. • Broward County will consider the recommendation of the local government as one of the factors in deciding on our request. We respectfully request that Dania Beach City Commission recommend approval of our application for a waiver of 10 feet from the requirements of the Broward County Trafficways Plan Dedication Requirements. It is our understanding that the Planning and Zoning Board has reviewed our Application for Waiver and is in favor of our request. Thank you for your consideration of our request, and please feel free to contact me if you need additional information regarding this matter. Very truly yours, ® Pastor: Rev. Richard Austin RA/af cc: C.K. McElyea, Vice Mayor Robert H. Chunn, Jr., Commissioner Pat Flury, Commissioner Robert Mikes, Commissioner Ivan Pato, City Manager Larry Leeds, Director of Growth Management