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HomeMy WebLinkAboutO-2007-009 Dania Jai Alai Plat ORDINANCE NO. 2007-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE ARAGON GROUP, INC. PERTAINING TO THE "DANIA JAI ALAI PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF EAST DANIA BEACH BOULEVARD BETWEEN NE 3Ro AVENUE AND NE 5TH AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DANIA JAI ALAP' PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Dania Jai Alai Plat" (PL-16-07), pertaining to property being generally located on the north side of East Dania Beach Boulevard between NE 3`d Avenue and NE 5th Avenue, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. This approval is conditioned upon execution by both the City and The Aragon Group, Inc. of an amendment to the November 14, 2006 Development Agreement (the "Agreement') existing between the parties, which amendment shall provide, in effect, that the only structures, improvements and uses which may be introduced or constructed upon the Property (as identified in the Agreement) are those depicted in the Capital Improvement Plan (the "Plan") attached to and incorporated into the Agreement, unless the Plan and the Agreement are amended after a public hearing held at a City Commission meeting to allow for a change to a structure, improvement or use identified in the Plan. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the "Dania Jai Alai Plat", is accepted by the City of Dania Beach,Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on April 24, 2007. PASSED AND ADOPTED on second reading on May 8, 2007. BOB ANTON MAYOR—COMMISSIONER ATST: �-� cL4-'t ,44 LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORMA D CORRECTNESS: BY: TH MAS . ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-009 EXHIBIT "A" "Dania Jai Alai Plat" LEGAL DESCRIPTION Portions of the East one-half(E Y2) of the Northwest one-quarter (NW '/4), of the Northeast one- quarter (NE '/4), of the Southeast one-quarter (SE Y4) and of the East one-half (E '/2) of the Southwest one-quarter (SW '/4), of the Northeast one-quarter (NE '/4), of the Southeast one- quarter(SE '/4) and of the Southeast one-quarter (SE Y4), of the Northeast one-quarter (NE '/4), of the Southeast one-quarter (SE Y4), all in Section 34, Township 50 South, Range 34 East, City of Dania Beach, Broward County, Florida; TOGETHER WITH portions of Block 8, HARBOR LAWNS, according to the plat thereof as recorded in Plat Book 12, Page 14 of the Public Records of Broward County, Florida; TOGETHER WITH portions of Blocks 2, 3, 4, 5, 6 and 7, AMENDED PLAT OF HARBOR LAWNS, according to the plat thereof, as recorded in Plat Book 14, Page 46 of the Public Records of Broward County, Florida; TOGETHER WITH all of CAYDEN'S CORNER, according to the plat thereof as recorded in Plat Book 176, Pages 36 and 37 of the Public Records of Broward County, Florida; AND TOGETHER WITH portions of Northwest 2"d Street, Northwest 5th Avenue and Fronton Boulevard, all the above being more particularly described as follows: BEGINNING at the Northerly most Southwest corner of said CAYDEN'S CORNER; THENCE North 01°45'47" West on the West line of said CYADEN'S CORNER and the West line of a parcel of land described in Warranty Deed recorded in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida, a distance of 1,110.05 feet to a point on the are of a non tangent curve to the left, of which the radius point lies North 60°28'34" West; THENCE continuing on said West line of a parcel of land described in Warranty Deed 9909, Page 23, Northwesterly along the arc of said curve, having a radius of 35.00 feet, through a central angle of 121°26'02", an arc distance of 74.18 feet to a point of non tangency; THENCE North 01045' 47" West continuing on said West line of a parcel of land described in Warranty Deed recorded in Official Records Book 9909, Page 23, a distance of 7.78 feet to the Northwest corner of said parcel of land; THENCE North 88'59'11" East on the North line of said parcel of land described in Warranty Deed recorded in Official Records Book 9909, Page 23 of the Public Records of Broward County,a distance of 888.81 feet to the Northeast corner of said parcel of land; THENCE South 01032'28" East on the East line of said parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County, Florida and it's Southerly extension, a distance of 1,250.98 feet to the intersection with the South right-of-way line of Northeast 2"d Street as described in Deed Book 808, Page 51 of the public Records of Broward County, Florida; 3 ORDINANCE#2007-009 THENCE North 88°41'36" East on said South right-of-way line of Northeast 2nd Street, a distance of 135.13 feet to the Northwest corner of a parcel of land conveyed to the City of Dania, as described in Official Records Book 3769, Page 482 of the Public Records of Broward County, Florida; THENCE South 01`20'48" East on the West line of said parcel conveyed to the City of Dania, a distance of 5.00 feet; THENCE North 88°41'36" East on the South line of said parcel conveyed to the City of Dania, a distance of 339.73 feet to the intersection with the East line of said Section 34: THENCE South 01°16109" East on said East line of Section 34, a distance of 1165.87 feet to the intersection with the North right-of-way line of Dania Beach Boulevard (State Road A-1-A) as shown on Florida Department of Transportation Right-of-Way Map, Section 86030-2506, Sheet 2 of 4; THENCE South 87°45'08" West on said North right-of-way line, a distance of 964.56 feet to the intersection with the East right-of-way line of Fronton Boulevard, as described in said Deed Book 808, Page 51, of the Public Records of Broward County, Florida; THENCE North 01°30'00" West, on said East right-of-way line of Fronton Boulevard, a distance of 1166.80 feet; THENCE South 88041'36" West, a distance of 100.00 feet to the intersection with the West right-of-way line of said Fronton Boulevard as shown on DANIA COUNTRY CLUB ESTATES, according to the plat thereof as recorded in Plat Book 32, Page 23 of the Public Records of Broward County, Florida and the beginning of a non-tangent curve concave to the Southwest, whose radius point bears South 88°30'00" West; THENCE Northwesterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 42'26'19" and an arc distance of 18.52 feet to a point of non tangency; THENCE North 01°45'47" West, a distance of 63.06 feet to a point on the North right-of-way line of Northeast 2"d Street as described in Official Records Book 3757, Page 285 of the Public Records of Broward County, Florida; THENCE South 88°41'36" West on said North right-of-way line of Northeast 2"d Street and the South line of said CAYDEN'S CORNER, a distance of 228.22 feet to the beginning of tangent curve to the right; THENCE Northwesterly on the arc of said curve having a radius of 25.00 feet and a central angle of 89°32'37" an arc distance of 39.07 feet to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach, Broward County, Florida and containing 2,198,111 square feet (50.462 acres), more or less. 4 ORDINANCE#2007-009 i City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (gsa) 924-3e45 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment M Plat i ❑ Riat ez nin Delegation Request L, �V�! ij '' } IIII Date Rec'd: ❑ Site Plan L s7v /i / fJ ❑ Special Exception ;SAP 2 12607 Petition No.: ❑ Special Request ❑ Trafflcway Waiver• Variance Planning ❑ Vacation Request Department ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of thls form and "Required Oocumentadon"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Gty's Building Department. Location Address:_North Side of Dania Beach Blvd Between NE 3rd Ave & NE 5th Ave Lot(s): Block; Subdivision: Recorded Plat Name: N/A Folio Number(s); _5047-3416-OnIn _ Legal Description: _SPP Altache'd _ _5�47.341F.00�n inA7.3400_0560 in47 3 00 ni7n 5047 34nn pion pplicant Consultant/Legal Representative (circle one),Scutt Reale Address of Applicant: _Calvin, Giordano & Associates, 1300 Eller Dr.,SUite4600, Ft. Lauderdale, FL 33316 Business Telephone:954-921-7731 Home: Fax; 954-921-3307 Name of Property Owner: _TheThe Ar�,,p_Inc Address of Property Owner: _30l F Dania Beach Blvd Dania Beach FI 33004 Business Telephone: Home: Fax: Explanation of Request: _ Plat Approval Prop. Net Acreage: 43.36 . Gross Acreage: _;0 46 _ Prop. Square Footage: Existing Use: gaming facility/vacant Proposed Use: gaming facility/residential/park Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 200S-040. G �'��t _Scott Reale 3/8/07 plican Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Appllcan Consultant/Representative: This t" day of 140,51 20Q3 C /�- Signature: n r�"� Date: ° A4 _ 5 c or t (Ze A�LC Sign Name of Notary Public T— (Print Name) state �Of(FLOCLIMA ) Ca�v;n, �t;r,�c�e...• L �tsSdcia�tf [�fr/7Q S1ttcCy I'ryO JrIlt/ L�r S�� Gd0, IF o..'4d-fkFL Print Name of Notary Street Address,City, State and Zip Code GMSGC(Y t Sy ' / Z I �� Co9447058— w p �cam*"E*M Mor Telephone No.8 Fax Na s 1010 Camiion/00 S1fOr! eadM N@NW=ASM INDMDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (ApplicantiConsultanVRepresentative) make and Ale the aforesaid application. Sworn to and subscribed before me Owner: This day of 20— Slgnature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to catty that Lhe below referenced con, nation is Lye owner of subject lands desclbed above and that 11 as a duly authorized of`ica, have authorized (Applicant)ConsultinVReoresentativel Gunster, °oa'xley S Stewart P,A. to make and rlle the aforesaid application. Sworn to and subscribed before me Corporation Name: The Aragon Grouo, Inc. This day of,kAQLN 20 67 Signature: . NOTARYPUBUC Cam damk-Stand,*VWA Data:_ i/n.?/07 E.GAE JOYCE Na 99- •t Brian A. Larson AP •El E9 IL f9 Z07 (Print Name) Secretary Sign Name 9�N Public Senior Vice President. and (Print Title) State of(r"fVR D,q ) E GAE JOYCE 301 East Dania Beach Blvd Dania Beach FL 33004 Print Name of Notary Street Address,City, State and Zlp Code Commission Expires: ��` 07 T 954-927-2841 F 95 g 7 pt�o Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are fhe o ers of subject lands described above and that all partners have authorized (ApplicanVCo tant/Repref subject to make and fie th aforesaid application. Swom to and subscribed before me This_day of 20 Signature: Dat (Pnnt Name)'* Sign Name of Notary Pubiic State of( )