HomeMy WebLinkAboutR-2002-049 RESOLUTION NO. 2002-049
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
ACCEPTING THE WATER AND SEWER SYSTEM
IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY
SEWER EASEMENT AND WATERLINE EASEMENT FROM
SHERIDAN 300, INC., A FLORIDA CORPORATION,
GENERAL PARTNER OF SHERIDAN 300, LTD.; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the proper City Officials are authorized to accept the water and
sewer improvements, an Absolute Bill of Sale, Sanitary Sewer Easement and Waterline
Easement from Sheridan 300, Inc., a Florida corporation, General Partner of Sheridan
300, Ltd., which documents are attached as composite Exhibit A and made a part of this
Resolution. The City Manager and City Attorney are authorized to make minor revisions
to the attached documents as are deemed necessary and proper for the best interests of
the City.
Section 2. That the Absolute Bill of Sale, Sanitary Sewer Easement and
Waterline Easement shall be recorded in the Public Records of Broward County, Florida.
The cost of recording shall be paid for by the grantor and the actual recording shall be
done by the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
1 RESOLUTION NO. 2002-049
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED this 23rd day of April, 2002.
APPROVED:
R
1 V
R BERT H. CHUNN, JR.
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
ckk4�-'V_' COMMISSIONER MCELYEA - YES
CHARLENE AN NSON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN -YES
•
APPROVED AS TO F RM AND CORRECTNESS:
'
BY: I
THOM S J.� NSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2002-049
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
cc: Ivan Pato, City Manager
Bud Palm, Public Works/Utilities Director
Charlene Johnson, City Clerk
FROM: Tom Ansbro, City Attorney
• DATE: April 11, 2002
RE: Proposed Resolution Authorizing Acceptance of Water and Sewer System
Improvements from Sheridan 300, Inc.; Development Located at 1400 SE 3`d
Avenue
Attached 'is a proposed Resolution which would authorize acceptance by the City of
water and sewer system improvements, an Absolute Bill of Sale, Sanitary Sewer Easement and
Waterline Easement from Sheridan 300, Inc. a Florida corporation, General Partner of
Sheridan 300, Ltd. While the project was completed some time ago and the water and sewer
improvements have been in use, we discovered that the formal acceptance of the system
improvements was never recorded in the Public Records. We want to ensure that these matters
are of record and meet current city requirements.
Commission review and adoption of this resolution are requested.
TJA:slw
Attachment
Ramon R. Cacicedo,Jr.
Attorney at Law
701 Waterford Way,Suite 100
® Miami,Florida 33126
(305)265-9463
Fax(305)265-8527
Board Certified in Real Estate
OPINION OF TITLE
TO: City of Dania Beach, Florida
We have examined title information covering the period from the beginning to January 18,
2002 at 8 AM, inclusive of the real property described as follows:
Parcel "A" of 300 SHERIDAN, according to the plat thereof, as recorded in Plat
Book 131, at Page 1, of the Public Records of Broward County, Florida.
We are of the opinion that on the last mentioned date the fee simple title to the above-
described real property was vested in:
Sheridan 300, Ltd., a Florida limited partnership
• Subject to the following encumbrances, liens, and other exceptions:
A. RECORDED MORTGAGES AND FINANCING STATEMENTS:
Mortgage to SouthTrust Bank of Alabama National Association, a National Banking Association,
mortgagee, recorded under O.R. Book 24163, Page 909; Assignment of Leases, Rents and Profits
filed November 21, 1995 in O.R. Book 24163, Page 926; UCC Financing Statement between
Sheridan 300, Ltd. and SouthTrust Bank of Alabama, National Association, as recorded in O.R.
Book 24240, Page 390; Notice of Future Advance; First Amendment to Mortgage and Security
Agreement and Assignment of Rents and Leases and Mortgage Spreading Agreement recorded in
O.R. Book 27046, Page 44; Assignment of Mortgage, Note and other Loan Documents to
Connecticut General Life Insurance Company, recorded November 29, 1999 in O.R. Book 30048,
Page 1972; Future Advance, Modification and Consolidation Agreement recorded in O.R. Book
30048,Page 1980;Collateral Assignment of Contracts,Licenses and Permits recorded in O.R.Book
30048, Page 2095; and UCC Financing Statement between Sheridan 300, Ltd., a Florida limited
partnership and Connecticut General Life Insurance Company, recorded in O.R. Book 30048,Page
2108, Public Records of Broward County, Florida.
B. RECORDED CONSTRUCTION LIENS CONTRACT LIENS AND JUDGMENTS:
None
City of Dania Beach, Florida
February 5, 2002
® Page 2
C. GENERAL EXCEPTIONS:
Taxes or special assessments for the year 2002, and thereafter. Rights or claims of parties
in possession not shown by the public records. Encroachments, overlaps, boundary line disputes,
and any other matters which would be disclosed by an accurate survey and inspection of the
premises. Easements or claims of easements not shown by the public records. Any lien, or right to
a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records. Any adverse ownership claim by the State of Florida by right of
sovereignty to anyportion of the lands insured hereunder,including submerged,filled and artificially
exposed lands, and lands accreted to such lands.
D. SPECIAL EXCEPTIONS:
1. Restrictions,conditions,reservations, easements, and other matters contained on the Plat of
300 SHERIDAN,as recorded in Plat Book 131,Page 1,Public Records of Broward County,
Florida.
2. Educational Impact Agreement and Lien recorded May 7, 1987 in O.R. Book 14418, Page
865,together with Partial Release in O.R.Book 24250,Page 830,Public Records of Broward
• County, Florida.
3. Road Impact Agreement recorded May 7, 1987 in O.R.Book 14418,Page 872,together with
Partial Release in O.R.Book 24250,Page 832,Public Records of Broward County,Florida.
4. Recreational Impact Agreement and Lien recorded May 7, 1987 in O.R. Book 14418, Page
884,together with Partial Release in O.R.Book 24250,Page 831,Public Records of Broward
County, Florida.
5. Easement in favor of Florida Power & Light Company, contained in instrument recorded
April 30, 1996,recorded in O.R.Book 24808,Page 924,Public Records of Broward County,
Florida.
6. Collateral Assignment of Fire Rescue Assessment Fees recorded in O.R. Book 26118,Page
737, Public Records of Broward County, Florida.
All recording references refer to the Public Records of Broward County, Florida.
The following is a description of the aforementioned title information:
Attorneys' Title Insurance Fund, Inc. title search report 10-2001-465
•
City of Dania Beach, Florida
February 5, 2002
• Page 3
I,the undersigned,further certify that I am an attorney-at-law admitted to practice in the State
of Florida and a member in good standing of the Florida Bar.
` This opinion is given for reliance exclusively by the City of Dania Beach, Florida. No one
else is entitled to rely on the opinion given herein.
Respectfully submitted this 5t' day of February, 2002.
Ramon R. Cacicedo, Jr.
701 Waterford Way, Suite 100
Miami, Florida 33126
State of Florida
• County of Miami-Dade
The foregoing instrument was acknowledged before me this 5`h day of February, 2002 by
Ramon R. Cacicedo, Jr. well known to me and who did not take an oath.
r
Notary Public, State of Florida
`fort o V141�.�d RCYUCL
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•
® NO-LIEN AFFIDAVIT
STATE OF FLORIDA )
SS:
COUNTY OF )
` state of 1 or"ja
BEFORE ME, the undersigned authority, personally appeared JOSE ANTERO
GONZALEZ (the "Affiant"), who being first duly sworn upon oath, deposes and says:
1. Affiant is the Vice-President of SHERIDAN 300, INC., a Florida corporation,
General Partner of SHERIDAN 300, LTD., a Florida limited partnership (the
"General Partnership").
2. That the General Partnership is the owner of the water facility improvements
constructed within the following described property:
See Exhibit "A"attached hereto and made a part hereof(the "Property").
• 3. That the above described improvements are free and clear of all liens, taxes,
encumbrances and claims of every kind, nature and description whatsoever, except
for (1) real estate and personal property taxes for the year 2002; and (2) a
mortgage, which is recorded in Official Records Book 24163, Page 909, as
assigned by that certain Assignment of Mortgage, Note and other Loan Documents
to Connecticut General Life Insurance Company, recorded in Official Records
Book 30048, Page 1972, as modified by that certain Future Advance, Modification
and Consolidation Agreement recorded in Official Records Book 30048, Page
1980 of the Public Records of Miami-Dade County, Florida.
4. That within the past ninety (90) days there have been no improvement, alterations
or repairs to the above described improvements for which the costs thereof remain
unpaid, and that within the past ninety (90) days there have been no claims for
labor or material furnished for repairing or improving the same, which remain
unpaid.
5. That there are no mechanics', materialmen's or laborer's lien against the above-
described Property.
6. That the personal property contained on said Property or on the said premises is
also free and clear of all liens, encumbrances, claims and demands whatsoever,
• except as described in Paragraph 3 herein.
7. That Affiant, in the operation of said improvements, complied in all respects with
the Sales Tax Law of the State of Florida.
8. That Affiant knows of no violations of City or County Ordinances, or State or
Federal law pertaining to the above described improvements.
9. That this Affidavit is made for the purpose of inducing the City of Dania Beach, a
Florida municipal corporation, to accept the transfer of said improvements from
Affiant.
10. That no judgment or decree has been entered in any court of this State or the
United States against said Affiant which remains unsatisfied.
11. That there are no matters pending against the General Partnership that could give
rise to a lien that would attach to the Property or any portion thereof, and that the
Affiant, on behalf of the General Partnership, has not and will not execute any
instrument that would adversely affect the title to or transfer of the Property or any
portion thereof from the General Partnership.
12. That Affiant further states that he is familiar with the nature of an oath and with
the penalties as provided by the laws of the State of Florida for falsely swearing to
statements made in an instrument of this nature. Affiant further certifies that he
has read, or has heard read to him, the full facts of this Affidavit and understands
its context.
FURTHER AFFIANT SAYETH NAUGHT.
SHERIDAN 300, LTD., a Florida
limited partnership
By: Sheridan 300, Inc., a Florida
corporation, Its General Partner
By:
Jose Antero Go alez
Vice President
(Corporate Seal)
[Notary acknowledgment on following page]
® BEFORE ME, personally appeared JOSE ANTERO GONZALEZ, as Vice President of
SHERIDAN 300, INC., a Florida corporation, General Partner of SHERIDAN 300, LTD., a
Florida limited partnership, who has produced his driver's license as identification or who is
personally known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he executed said instrument for the
purposes therein expressed.
FEB - 5 2002
WITNESS my hand and official seal this ay of 001.
N TARY PUBLIC
�6DF P,0 VIVIAN ROYUELATA /
•�..oSaBLI c My Comm Exp.8/15/04
a PUBLIC a
No.CC 946185 Printed Name of Notary Public
I!Pem",,jy Known !)O
ther I.D.
My Commission Expires: (NOTARY SEAL)
•
WARRANTY
FEB - 5 2002
• THIS WARRANTY, hereby made and entered into this day of , 2001,
by SHERIDAN 300, INC., a Florida corporation, General Partner of SHERIDAN 300, LTD.,
a Florida limited partnership, whose mailing address is 6506 Blue Lagoon Drive, Suite 250,
Miami, FL 33126-6001, who does hereby warrant to the CITY OF DANIA BEACH, a
Florida municipal corporation (the "City") the property described below to be free from
defects in materials and workmanship for a period of(1) year from the date hereof:
See Exhibit "A" attached hereto and made a part hereof.
The undersigned shall, at no cost to the City, repair, replace or otherwise remedy such
defects to the full and complete satisfaction of the City for a period of one (1) year from the
date hereof.
IN WITNESS WHEROF, the undersigned has executed this Warranty by its duly
authorized officers or representatives on the day and year above written.
r
Signed, sealed and delivered SHERIDAN 300, LTD., a Florida
in the presence of: limited partnership
By: Sheridan 300, Inc., a Florida
(Signatur - lsstt Wi�}as�s o,Jr. corporation, Its General Partner
rinfed Name - 1st Witnes ' By:
J se Antero nzalez
Vice President
(Signature - 2nd Wit ss)/
Vivian Royuela (Corporate Seal)
(Printed Name - 2nd Witness)
ABSOLUTE BILL OF SALE
FEB - 5 2002
THIS ABSOLUTE BILL OF SALE is made this day of ,2001by
SHERIDAN 300,INC.,a Florida corporation,General Partner of SHERIDAN 300,LTD.,a Florida
limited partnership, having an address of 6506 Blue Lagoon Drive, Suite 250, Miami, FL 33126-
6001, party of the first part, for and in consideration of the sum of Ten Dollars ($10.00), lawful
money of the United States, to be paid by the CITY OF DANIA BEACH, a Florida municipal
corporation,having an address of 100 West Dania Beach Boulevard,Dania Beach,Florida,party of
the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold,
transferred and delivered and by these presents does grant,bargain,sell,transfer and deliver unto the
said Party of the second part, it successors and assigns, the following goods and chattels:
All of the Water and Sewer System Improvements, together with all appurtenances
attached thereto, which lie within the Public Rights-of-Way or within easements
provided for the same, all as described and shown on the sketch attached hereto as
Exhibit "A".
All of the above further described in "As-Built"Plans which are attached hereto as
Exhibit `B".
TO HAVE AND TO HOLD the same unto the said Party of the second part, its successors
and assigns forever.
The Party of the first part does covenant to and with the Party of the second part, its
successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free
from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and
defend the sale of the said property, goods and chattels hereby made, unto the said Party of the
second part's successors and assigns against the lawful claims and demands of all persons
whomever.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year
first above written.
Signed, sealed and delivered SHERIDAN 300, LTD., a Florida
in the presence of: limited partnership
By: Sheridan 300, Inc., a Florida
(Signature - 1st Witness) corporation, Its General Partner
Damon M Cadcedo,Jr. 7 >
Printed Name - 1st Wi s) By:
Jose Antero Godzalez
Vice President
(Signature- 2nd it;�Yuela
s
• an (Corporate Seal)
(Printed Name - 2nd Witness)
[Notary acknowledgment on following page]
STATE OF FLORIDA State of Florida
• COUNTY OF County of Miami-Dade
BEFORE ME, personally appeared JOSE ANTERO GONZALEZ, as Vice President of
SHERIDAN 300,INC.,a Florida corporation,General Partner of SHERIDAN 300,LTD.,a Florida
limited partnership, who has produced his driver's license as identification or who is personally
` known to.me to be the person described in and who executed the foregoing instrument, and
acknowledged to and before me that he executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal this day of FEB - 5 20022001.
F F4 VIVIAN RoruELA NOTARY PUBLIC
H bueuc A My Comm Exp.8/15/04
No.CC 446195 Printed Name of Notary Public
I I PersmaJly Mown 110*w I.D.
My Commission Expires: (NOTARY SEAL)
F:\566001\Documents\Sheridan 300 Absolute Bill of Sale.doc
1/16/02
•
•
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Dana S. Schwartz, Esq.
WEISS SEROTA HELF'MAN
PASTORIZA & GUEDES,P.A.
2665 South Bayshore Drive, Suite 420
Miami, FL 33133
(305)854-0800
SANITARY SEWER EASEMENT 1 fl
THIS SANITARY SEWER EASEMENT (the"Easement") dated this
2001, from SHERIDAN 300, LTD., a Florida limited partnership, having an address of 6506 Blue
Lagoon Drive, Suite 250, Miami, FL 33126-6001 (hereinafter "Grantor"), to the CITY OF DANIA
BEACH, a Florida municipal corporation, having an address at 100 West Beach Boulevard, Dania
Beach, Florida 33004 (hereinafter"Grantee").
RECITALS:
Grantor owns fee simple title to certain real property located in Broward County, Florida, as
more particularly described in Exhibit"A" attached hereto and by this reference made a part hereof(the
"Servient Estate"); and
Grantor has agreed to grant to Grantee this Easement, subject to the terms and conditions
hereinafter set forth.
NOW, THEREFORE, for,and in consideration of the premises and the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto do hereby agree as follows:
Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, perpetual
easement under, over and across parcel of real property,the legal description of which is attached hereto
as Exhibit"B" and incorporated by reference herein(hereinafter the"Easement Area"or"Easement").
Grantor has full power and authority to convey the rights and easement conveyed herein,and will defend
the title to same from and against the claims of all persons whomsoever, subject however, to easement,
covenants and restrictions of record as of the date hereof,real estate taxes and assessments not yet due
and payable and zoning, building and other applicable laws, codes and regulations.
Grantee may use the Easement Area for the installation, use and maintenance of sanitary sewer
lines.
Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor shall
grant no easement or license,nor make any covenants,having the effect of permitting use of the Easement
Area by anyone other than Grantee,except Grantor may grant an easement to other utilities that cross this
1
Easement Area at right angles so long as such utility easements do not interfere with Grantee's use of the
Easement Area.
Grantor may, for its own purpose, utilize the surface area of the Easement Area except in such
areas as are used by Grantee in the exercise of its rights under this Easement. The Grantee's use of the
surface area of the Easement shall be further limited to the use of the surface area of the Easement for
landscaped areas (no trees), parking, driveways, open space recreation areas and other uses and
improvements in accordance with plans as are approved by Grantee or its utilities department;but shall
not include the establishment of permanent buildings or other structures (such as walls, pools, tennis
courts, handball courts, etc.). The Grantor shall maintain the surface area of the Easement.
Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described
in attached Exhibit "A" whereby Grantee shall have the free right to enter upon and depart over and
across the Servient Estate and the Easement Area to the extent necessary to fully exercise Grantee's rights
within the Easement Area,for purposes including but not limited to,inspection,maintenance,repair,and
replacement or reinstallation of utility facilities,but Grantee shall be responsible to restore the Easement
Area to its original natural surface state only.
The provisions of this Easement shall be binding on the parties hereto and their respective
successors and assigns as a covenant running with the land and binding upon the Servient Estate.
The Easement shall not be released or amended without consent of the Grantee as evidenced by a
document signed with the same formalities as this document.
Grantee shall record this document in the Public Records of Broward County, Florida.
This instrument contains the entire agreement between the parties relating to the rights granted
and the obligation assumed pursuant to this instrument. Any oral representations or modifications
concerning this instrument shall be of no force and effect,excepting a subsequent modification reduced to
writing, signed by the party to be charged therewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first
above written.
Signed, sealed and delivered GRANTOR:
in the presence of: SHERIDAN 300, LTD., a Florida
_ limited partnership
By: Sheridan 300, Inc., a Florida
(Signature - 1st Witness) corporation, Its General Partner
Oman.a Caeicar�n
(Printed Name - 1st Witness) By:
Jose Antero Gon ez
Vice President
(Signature - 2nd Witn ss)
A rX A ay„ (Corporate Seal)
(Printed Name -2nd Witness)
2
[Notary acknowledgment on following page]
3
STATE OF FLORIDA
COUNTY OF
BEFORE ME personally appeared JOSE ANTERO GONZALEZ, as Vice President of
SHERIDAN 300, INC., a Florida corporation, General Partner of SHERIDAN 300, LTD., a Florida
limited partnership,who has produced his driver's license as identification or who is personally known to
me to be the person described in and who executed the foregoing instrument, and acknowledged to and
before me that he executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal this ay of DEC y o , 2001.
—74 )11L-,�—P/1114
01F, VIVIAN ROYUELA TARP PUBLIC
MY Comm Ev.8115104 No.CC 946165 Printed Name of Notary Public
11 Pers*,a4 Known 1 I Other I.D.
My Commission Expires: (NOTARY SEAL)
FA566001\Documents\Sheridan 300 Sanitary Sewer Easement.doc
1/16/02
4
JOINDER, CONSENT AND SUBORDINATION
The undersi ned hereby certifies that CONNECTICUT GENERAL LIFE
INSURANCE, a ok4 feri cyr C�/j Pd?�77 a ti , (the "Mortgagee") is the holder of
that certain mortgage encumbering the property described on Exhibit "A" attached hereto and
made a part hereof (the "Property"). That the Mortgagee hereby joins in and consents to the
foregoing Easement in favor of the CITY OF DANIA BEACH, a Florida municipal corporation,
and agrees that its mortgage, which is recorded in Official Records Book 24163, Page 909, as
assigned by that certain Assignment of Mortgage, Note and other Loan Documents to Connecticut
General Life Insurance Company, recorded in Official Records Book 30048, Page 1972, as
modified by that certain Future Advance, Modification and Consolidation Agreement recorded in
Official Records Book 30048, Page 1980 of the Public Records of-Miami-Daade County, Florida,
shall be subordinated to the foregoing instrument. Broward
t
Signed, sealed and delivered CONNECTICUT GENERAL LIFE INSURANCE,
in the presence of: a Eo h n ze-z,-Ft cpf)
i ',ram �- tiL�• j'�----
By:
Print Name:, � �5 Print N ' e: C
! Its: .
f
P J. (CORPORATE SEAL) _
STATE OF r✓ L. Vtc C c -
COUNTY OF
THIS IS TO CERTIFY, that on this 'I 4Uday of ��; 2001, before
me, an officer duly aut razed to take acknawledgements in the State and County aforesaid,
personally appeared as V i of
Connecticut General Life'Insurance, a LIA2 . -f` who [ ti's personally
known to me or [ ] produced as identification.
A'-
NOTA- � �LIC
Print-,Ilame:
My Comm ssion Expires:
MARY E. HANLEY
NOTARY PUBLIC
MY COMMISSION EXPIRES DEC. 31, WW- L'
•
Exhibit "A"
Parcel "A", 300 SHERIDAN, according to the Plat thereof, as recorded in Plat Book 131, at Page
1, of the Public Records of Broward County, Florida.
•
Oct 05 01 J2:0.7p 305 265 9264 p.2
1
Exhibit "Bte
LAND DESCRIPTION
300 SHERIDAN
SANITARY SEWER EASEMENT
A portion of Parcel A,300 SHERIDAN,according to the plat thereof as recorded in Plat Book 131,
Page 1 of the Public Records of Broward County,Florida and being more particularly described as
follows:
COMMENCE at the Southeast corner of said Parcel A;
THENCE North 00°32'50"East on the East line of said Parcel A, a distance of 22.00 feet;
THENCE North 890461381,West on a line 22.00 feet North of and parallel with the South line of
said Parcel A,a distance of 18.19 feet;
THENCE North 00013122"East,7.02 feet to the POINT OF BEGINNING;
THENCE North 89029120"West,314AS feet;
THENCE North 00*31'50"East,81.70•feet;
THENC914,orth 02"20'33"East,,192.64 feet;
THENCE North 00037'48"East, I93.49 feet; t
THENCE'South 89°22'12"East, 15.00 feet;
THENCE South 00°37'48"West, 193.72 feet;
. THENCE South 02°20'33"West, 192.63 feet;
THENCE South 00*31'50"West,66.46 feet;
THENCE South 89029120"East,284.52 feet; ,
THENCE North 00048'06"East, 161.37 feet;
THENCE South 89*11'54"East, 15.00 feet;
THENCE South 00°48'06"West, 176.29 feet to the POINT OF BEGINNING.
Said lands lying in the City of Dania Beach,Broward County,Florida and containing 13929 square
feet 0.320 acres)more or less.
NOTES:
1. Not valid without the signature and original raised seal of a licensed Florida Surveyor and
Mapper.
2. Lands described hereoa were not abstracted,by the Surveyor, for ownership, easements,rights-
of-way or other matters that may appear in the Public Records of Broward County,Florida
3. Bearings shown hereon are relative to the South line of Parcel A.300 SHERIDAN having an
assumed bearing of North 89046138"West.
Prepared
CALVIN.GIORDANO AND ASSOCIATES,INC.
Two Oakwood 170
Hollywood.ywaod,Florida rids 33020020
July 9,1999
11 &WROJECnFrojecta\931312 Sheridan 3001SURVEY11.ea4 DascriptiomMeridan 300 un.sewer.doe
Sheet I of Sheets
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4. Information shown hereon and on the attached sketch,does not repreoerlt a Boundary Survey.
C/tL4GRDANO&ASS S,INC.
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Dana S. Schwartz, Esq.
WEISS SEROTA HELFMAN
PASTORIZA& GUEDES, P.A.
2665 South Bayshore Drive, Suite 420
Miami, FL 33133
(305) 854-0800
WATERLINE EASEMENT
THIS WATERLINE EASEMENT (the "Easement") dated this DF�ay of 0 2001
2001,from SHERIDAN 300,LTD.,a Florida limited partnership,having an address of 6506
Blue Lagoon Drive, Suite 250,Miami,FL 33126-6001 (hereinafter"Grantor"),to the CITY OF DANIA
BEACH, a Florida municipal corporation, having an address at 100 West Beach Boulevard, Dania
Beach, Florida 33004 (hereinafter"Grantee").
RECITALS:
Grantor owns fee simple title to certain real property located in Broward County, Florida, as
more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the
"Servient Estate"); and
Grantor has agreed to grant to Grantee this Easement, subject to the terms and conditions
hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto do hereby agree as follows:
Grantor hereby grants, bargains and sells to Grantee, its successors and assigns, perpetual
easement under, over and across parcel of real property,the legal description of which is attached hereto
as Exhibit"B" and incorporated by reference herein (hereinafter the"Easement Area" or"Easement").
Grantor has full power and authority to convey the rights and easement conveyed herein,and will defend
the title to same from and against the claims of all persons whomsoever, subject however, to easement,
covenants and restrictions of record as of the date hereof, real estate taxes and assessments not yet due
and payable and zoning,building and other applicable laws, codes and regulations.
Grantee may use the Easement Area for the installation, use and maintenance of water lines.
Grantee's right to utilize the Easement Area shall be exclusive to the extent that Grantor shall
grant no easement or license,nor make any covenants,having the effect of permitting use of the Easement
Area by anyone other than Grantee,except Grantor may grant an easement to other utilities that cross this
Easement Area at right angles so long as such utility easements do not interfere with Grantee's use of the
Easement Area.
1
Grantor may, for its own purpose, utilize the surface area of the Easement Area except in such
areas as are used by Grantee in the exercise of its rights under this Easement. The Grantee's use of the
surface area of the Easement shall be further limited to the use of the surface area of the Easement for
landscaped areas (no trees), parking, driveways, open space recreation areas and other uses and
improvements in accordance with plans as are approved by Grantee or its utilities department;but shall
not include the establishment of permanent buildings or other structures (such as walls, pools, tennis
courts, handball courts, etc.). The Grantor shall maintain the surface area of the Easement.
Grantor grants to Grantee a perpetual non-exclusive easement upon the Servient Estate described
in attached Exhibit "A" whereby Grantee shall have the free right to enter upon and depart over and
across the Servient Estate and the Easement Area to the extent necessary to fully exercise Grantee's rights
within the Easement Area,for purposes including but not limited to,inspection,maintenance,repair,and
replacement or reinstallation of utility facilities,but Grantee shall be responsible to restore the Easement
Area to its original natural surface state only.
The provisions of this Easement shall be binding on the parties hereto and their respective
successors and assigns as a covenant running with the land and binding upon the Servient Estate.
The Easement shall not be released or amended without consent of the Grantee as evidenced by a
document signed with the same formalities as this document.
Grantee shall record this document in the Public Records of Broward County, Florida.
This instrument contains the entire agreement between the parties relating to the rights granted
and the obligation assumed pursuant to this instrument. Any oral representations or modifications
concerning this instrument shall be of no force and effect,excepting a subsequent modification reduced to
writing, signed by the party to be charged therewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal on the day and year first
above written.
Signed, sealed and delivered GRANTOR:
in the presence of:
SHERIDAN 300, LTD., a Florida
limited partnership
-r—'� By: Sheridan 300, Inc., a Florida
(Signature - 1 st Witness) corporation, Its General Partner
Ramon R.Cacicedo,Jr.
(Printed Name - 1st Witne ) By: i' LY�J
- 1 Jose Antero Go zalez
Vice President
(Signature - 2nd i ess)
Vivian R � k (Corporate Seal)
(Printed Name - 2nd Witness)
2
[Notary acknowledgment on following page]
•
r
3
STATE OF FLORIDA State of Florida
COUNTY OF County of Miami-Dade
BEFORE ME personally appeared JOSE ANTERO GONZALEZ, as Vice President of
SHERIDAN 300, INC., a Florida corporation, General Partner of SHERIDAN 300, LTD., a Florida
limited partnership,who has produced his driver's license as identification or who is personally known to
me to be the person described in and who executed the foregoing instrument, and acknowledged to and
before me that he executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal this d y of Q E C 0 2001, , 2001.
F FZ0 VIVIAN ROYUELA OTARY PUBLIC
.:oraar o MY Comm Exp.8/15/04
PUBLI a Printed Name of Notary Public
�o.cc eaels5 rY
[1 Ferzxlarly K,,— I I other I.D.
My Commission Expires: (NOTARY SEAL)
F:\566001\Documents\Sheridan 300 Waterline Easement.doc
1/16/02
•
•
4
JOINDER,.CONSENT AND SUBORDINATION
The undersigned hereby certifies that CONNECTICUT GENERAL LIFE
INSURANCE, a Cd N/f C c qT Cat,il04 2A'i7o w , (the "Mortgagee") is the holder of
that certain mortgage encumbering the property described on Exhibit "A" attached hereto and
made a part hereof (the "Property"). That the Mortgagee hereby joins in and consents to the
foregoing Easement in favor of the CITY OF DANIA BEACH, a Florida municipal corporation,
and agrees that its mortgage, which is recorded in Official Records Book 24163, Page 909, as
assigned by that certain Assignment of Mortgage, Note and other Loan Documents to Connecticut
General Life Insurance Company, recorded in Official Records Book 30048, Page 1972, as
modified by that certain Future Advance, Modification and Consolidation Agreement recorded in
Official Records Book 30048, Page 1980 of the Public Records of"ami-Dade County, Florida,
shall be subordinated to the foregoing instrument. Broward
Signed, sealed and delivered CO NECTICUT GENERAL LIFE INSURANCE,
in the presence of: a
By:
Print Name l-(' h6 L,brl Print Name: ScV-� n Y1
Its: .
ri e (CORPORATE SEAL)
STATE OFL-1�� �.t.i
COUNTY OF 2.
THIS IS TO CERTIFY, that on this ,- &` day of 416e ,,,bl.�— 2001, before
me, an officer duly aut` *zed to t,*e ackryp�gements in the State and County aforesaid,
personally appeared t.,� as r P . of
Connecticut General Life nsurance, a r -L , who [ is personally
known to me or [ ] produced as identification.
NOTARY' UBLIC
Print Name:
_• My Commission Expires-MRYE LEY
NOTARY PUBLIC
MY COMMISSION EXPIRES DEC. 31, 1W9-.
•
Exhibit "A"
i
Parcel "A", 300 SHERIDAN, according to the Plat thereof, as recorded in Plat Book 131, at Page
1, of the Public Records of Broward County, Florida.
•
Exhibit "B"
LAND DESCRIPTION
300 SHERIDAN
WATER LINE EASEMENT
Portions of Parcel A, 300 SHERIDAN, according to the plat thereof as recorded in Plat Book 131,
Page 1 of the Public Records of Broward County, Florida and being more particularly described as
follows:
Water Line Easement Number 1
BEGINNING at the Northwest corner of said Parcel A;
THENCE South 89°53'00"East on the North line of said Parcel A,a distance of 6.03 feet;
THENCE South 19°28'55"East 23.26 feet;
THENCE South 02°49'14"East 47.55 feet;
THENCE South 80°51'15"East 35.84 feet;
THENCE South 88°18'19"East 5.04 feet;
i
THENCE South 01'41'41" West 10.00 feet
THENCE North 88018119"West 5.69 feet;
THENCE North 80051'l5"West 34.54 feet;
THENCE South 01°15'41 East 248.41 feet;
THENCE South 02048'13" West 178.86 feet;
THENCE South 88035'53"East 47.93 feet;
THENCE South 01°24'07" West 10.00 feet;
THENCE North 88035'53"West 47.55 feet;
THENCE South 00°59'12" West 59.20 feet;
THENCE North 89046'38" West 10.00 feet;
THENCE North 00059'12"East 79.16 feet;
THENCE North 02048'13"East 169.00 feet;
THENCE North 01015'41" West 253.99 feet;
THENCE North 02049114" West 50.07 feet;
THENCE North 19028'55" West 12.08 feet to the intersection with the West line of said Parcel A;
THENCE North 00°41'19" East on said West line of Parcel A, a distance of 12.51 feet to the
POINT OF BEGINNING.
TOGETHER WITH: Water Line Easement Number 2
Prepared by:
CALVIN,GIORDANO AND ASSOCIATES,INC.
Two Oakwood Blvd„Suite 120
Hollywood,Florida 33020 `
July 12,1999
\\B&C\PROJECT\Prolects\951312 Sheridan 300\SURVEY\Legai Descriptions\Sheridan 300 water ease.doc
Sheet 1 of 4 Sheets
COMMENCE at the Northwest corner of said Parcel A;
•THENCE South 89°53'00"East on the North line of said Parcel A, a distance of 102.35 feet to the
POINT OF BEGINNING;
THENCE continue South 89053100"East on said North line of Parcel A, a distance of 10.00 feet;
THENCE South 00°44'42" West 14.91 feet;
THENCE South 89°15'18"East 6.59 feet;
THENCE South 00°44'42" West 10.00 feet;
THENCE North 89015'18" West 16.59 feet;
THENCE North 00044'42"East 24.80 feet to the POINT OF BEGINNING.
TOGETHER WITH: Water Line Easement Number 3
COMMENCE at the Southeast corner of said Parcel A;
THENCE North 00032'50"East on the East line of said Parcel A,a distance of 22.00 feet;
THENCE North 89046'38"West on a line 22.00 feet North of and parallel with the South line of
said Parcel A, a distance of 4.26 feet to the POINT OF BEGINNING;
THENCE continue North 89046138" West on said parallel line, 10,00 feet;
THENCE North 00'14'17" East 71.20 feet;
• THENCE South 89°00'05" West 50.80 feet,
THENCE North 00059'55" West 10.00 feet;
THENCE North 89000'05"East 50,93 feet;
THENCE North 00041122" West 57.26 feet;
THENCE South 86041'46" West 7.90 feet;
THENCE North 03'18'14" West 10.00 feet;
THENCE North 86041'46"East 8.61 feet;
THENCE North 02023'26"East 27.32 feet;
THENCE South 87045'40" West 59.95 feet;
THENCE North 02'14'20" West 10.00 feet;
THENCE North 87045'40"East 60.59 feet;
THENCE North 00015'46"East 150.90 feet;
THENCE North 00038'52" East 16.40 feet;
THENCE South 88003'56" West 10.00 feet;
' Prepared by:
,\ CALViN,GIORDANO AND ASSOCIATES,INC.
Two Oakwood Blvd.,Suite 120
Hollywood,Florida 33020
July 12,1999
\\B&C\PROJECT\Prolects\951312 Sheridan 300\SURVEY4xgal Descriptions\Sheridan 300 water ease.doc
Sheet 2 of 4 Sheets
i
THENCE North 01°56'04"West 15.85 feet;
THENCE North 87057115"East 10.68 feet;
THENCE North 00015'26"East 207.39 feet to the intersection with the North line of said Parcel A;
THENCE South.89°53'00"East on said North line of Parcel A, a distance of 10.00 feet;
THENCE South 00'15'26" West 212.29 feet;
THENCE South 00°38'52" West 27.45 feet;
THENCE South 00°15'46" West 155.54 feet;
THENCE South 02023'26"West 37.43 feet;
THENCE South 00°41'22"East 67.37 feet;
THENCE South 00°14'17" West 76.35 feet to the POINT OF BEGINNING.
Said lands lying in the City of D4nia Beach,Broward County,Florida and containing a total net
area of 14,062 square feet(0.3228 acres)more or less.
NOTES:
1. Not valid without the signature and original raised seal of a licensed Florida Surveyor and
Mapper.
02,
Lands described hereon were not abstracted,by the Surveyor, for ownership, easements, rights-
of-way or other matters that may appear in the Public Records of Broward County,Florida.
3. Bearings shown hereon are relative to the South line of Parcel A, 300 SHERIDAN having an
assumed bearing of North 89046'38"West.
4. Information shown hereon and on the attached sketch, does not represent a Boundary Survey.
CALV , GIORIjANO SOCIATES, INC.
Date: 2
egory J. Cle e s
rofessional u yor and Mapper
Florida Registra ion Number 4479
Prepared by:
CALVIN,OfORDANO AND ASSOCIATES,INC.
Two Oakwood Blvd.,Suite 120
Hollywood,Florida 33020
July 12,1999
\\B&WROJEC Wrojects\951312 Sheridan 300\SURVEY\Legal Descriptions\Sheridan 300 water ease.doc
Sheet 3 of 4 Sheets
N•
SCALE 1"=60' A SKETCH OF DESCRIPTION
�r6!4 j. 300 SHERIDAN
S89'S3'00"E�d ��` WATER LINE EASEMENT
'I'C S89'53'00"E S89'53'00"E
6.03' 10.00' "at"UK rOMM"
OF 10 .35' 10.00'
�NING 1, Q
g 7 '1 , s b 1 1
1 1
N RCELW CORNER .
N00'41.19" jW 6 SF a N S0OV-42 10.00
T, o
t 2.51' 1 z N89'15'18"W 16.59' -�
o
1
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4 S88'18'19"E
ER LINE EASEMENLn
T 41 N
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- N i PARCEL A II N 87.57 5 0.68, —'—
' 300 SHERIDAN Not• e� " s'—y o
B. 131 , PG. 1 , B� R.
jr f S88.03 6" 1&fl0'
0 1\ N00'38'5 "E 6.40' �-
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1 WA LINE; EASEMENT 3 of-
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Ii7 I IJ O'1`13'2 7.300
I- :t I N 86'41'4�" E 8. 1'
1
i �o I N 03'l8'14"i W 10 0' ti
1 1 1 SW41'46' W 7.90 1
1
T 1 '22' W 57.2 � i N
I
r v o 89,000 "E I N
S88'3 50_93
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50.80 3
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1 v> 1 1 z
-•- -- ------------------------ ------- -
NET46 JO
10.00, "°"°`"a'°" 10.00' POINT 0
SWTH ut rMm"
N89'46'38"W 4.26'
POINT OF COMMENCEMENT
SHERIDAN STREET S.E. CORNER PARCEL A
r.„ .
i
REVISION DWN DATE PHA
KULNIS 7/12/" CalVl11, Giordano&Assodates, Inc.
S Engineer StAtreyors Planners
2 Oakwood Boulevard Suite 120
Hollywood, Florida 33020
954.921.7781 954.921.8807 fax 4
er04