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Home My WebLink AboutR-2007-081 Aragon Vacation NE 2nd Street RESOLUTION NO. 2007-081 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-17-07) SUBMITTED BY HEIDI DAVIS KNAPIK, WITH GUNSTER, YOAKLEY & STEWART, PA, REPRESENTING PROPERTY OWNER,THE ARAGON GROUP,INC.,TO VACATE A PORTION OF NE 2N1 STREET BETWEEN FRONTON BOULEVARD AND (UNIMPROVED) NE 4Te COURT IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3, Article 3, Part IX, as amended, of the Charter of the City of Dania Beach,sets the procedure for vacating and abandoning streets,alleys,and utility easements or other property dedicated to the public use; and WHEREAS, Heidi Davis Knapik with the law firm of Gunster, Yoakley, Stewart, P.A. representing The Aragon Group, Inc., duly petitioned the City Commission of the City of Dania Beach,Florida,to vacate a portion of NE 2"d Street between Fronton Boulevard and(unimproved) NE 4`" Court, in the City of Dania Beach, and legally described in Exhibit"A", a copy of which is attached to this Resolution; and WHEREAS,the Planning& Zoning Board on April 18, 2007, recommended that the City Commission grant the vacation request; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on May 8, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the portion of NE 2"d Street between Fronton Boulevard and(unimproved)NE 4`h Court, in the City of Dania Beach, and legally described in Exhibit"A", a copy of which is attached to this Resolution. 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 City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 8, 2007. 7 Y BOB A TON MAYOR-COMMISSIONER A7EST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FOAM A D CORRECTNESS BY: THOMAS,f. AN O CITY ATTORNEY 2 RESOLUTION#2007-081 EXHIBIT "A" LEGAL DESCRIPTION Dania Jai Alai —N.E. 2"d Street Vacation; a portion of Section 34, Township 50 South, Range 42 East, City of Dania Beach, Broward County,Florida. Portions of Northeast 2"d Street and Fronton Boulevard as described in Deed Book 808, Page 51, Official records Book 3757, Page 285 and on the plat of Harbor Lawns No. 1,according to the plat there of as recorded in Plat Book 12,Page 43 and on the plat of Dania Country Club Estates,according to the plat thereof as recorded in Plat Book 32, Page 23 all in the public records of Broward County, Florida and described as follows: Commence at the Southerly most Southwest corner 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; Thence North 88° 41' 36"East on the South line of said Cayden's Corner and on the North right-of- line of Northeast 2"d Street, a distance of 228.22 feet to the point of beginning; Thence continue North 88°41' 36"East on said North right-of-line of Northeast 2"d Street,a distance of 576.03 feet to the beginning of a tangent curve concave to the Northwest; Thence Northeasterly on the arc of said curve, having a radius of 25.00 feet, through a central angle of 90' 14' 04" and an arc distance of 39.37 feet to a point on the East line of a parcel of land described in Official Records Book 9909, Page 23 of the Public Records of Broward County,Florida and a point of cusp;Thence South 01'32' 28"East on the Southerly projection of said East line,a distance of 85.10 feet to the intersection with the South right of way line of said Northeast 2"d Street,as described in said Deed Book 808,Page 51, of the public records of Broward County, Florida; Thence South 88° 41' 36" West on said South right-of-way line of Northeast 2"d Street, a distance of 494.33 feet to the intersection with the East right-of-way line of Fronton Boulevard as described in said Deed Book 808,Page 51;Thence South 01' 30' 00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; Thence South 88' 41' 36" West, a distance of 100.00 feet to the West right-of-way line of said Fronton Street as shown on said plat of Dania Country Club Estates, 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 the point of beginning; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 38,235 square feet (0.8778 acres), more or less. 3 RESOLUTION#2007-081 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment D ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: `a ❑ Site Plan MAP 14 1007 ❑ Special Exception Petition No.: ❑ Special Request Planning ❑ Trafficway Waiver Department ❑ Variance X Vacation Request ❑ 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 this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact 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 City's Building Department. Location Address:301 East Dania Beach Boulevard Dania Beach. FL 33004 Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): See Exhibit l Legal Description: See Exhibit 2 Applican Consultant/Legal Representative (circle one) Gunster, Yoakley & Stewart, P.A. Address of Applicant: 500 East Broward Boulevard, Suite 1400 Ft. Lauderdale, FL 33394 Business Telephone: 954-462-2000 Home: Fax: 954-523-1722 Name of Property Owner: The Aragon Group, Inc. Address of Property Owner: 301 East Dania Beach Boulevard Dania Beach, FL 33004 Business Telephone:954-927-2841 Home: Fax: 954-927-0149 Explanation of Request: See Exhibit 3 Prop. Net Acreage: Gross Acreage: .8674 Prop. Square Footage: Approx. 37,784 Existing Use: pari-mutuel facility Proposed Use: pari-mutuel facility Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 mo the of City Commission approval, pursuant to Ordinance No. 2005-040. Heidi Davis Knapik March 14, 2007 Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 14thday of March 2007 Signature: I Date: March 14, 2007 Heidi Davis Knapik Sigft Name gf Notary Public I (Print Name) State of( t (oc t d a ) Michelle Raab Posey 500 East Broward Blvd. , Ft. Lauderdale, FL 33394 Print Name of Notary Street Address, City, State and Zip Code Co 954-462-2000 954-523-1722 Sea iN MICCMMISSCHE B MY IONYD0574358 Telephone No. &Fax No. ..r • a EXPIRES:July 21,2010 ••? ,'• BodW TM NcWy PCk undmnbn INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above n Zthatle authorized (ApplicanUConsultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Dat Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Ex ' es: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to celtly that the below referenced corporation is the owner of subject lands described above and that ' as a duly authorized officer, have aufrtzed (Applimnt/Consultarill sentad Gunster, Yoakley 4 Stewart, P.A. tb make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: The Aragon Group, Inc. This /?� day of.l�iA,7LN 20.� Signature: a;t ,,, NOTARY PUBLIC ° Cant'd CwMStra d Newadrt Date: —�f/ Z A 7 E GAEJOYCE Brian A. Larson Na OW .1 ES IL tq 2001 (Print Name) Senior Vice President. and Secretary Sign Name oqff N ry Public (Print Title) State of(NE✓R D p ) E GMJOYCE 301 East Dania Beach Blvd. Dania Beach. FL 33004 Print Name of Notary Street Street Address, City, State and Zip Code Commission Expires: e .I/� 0 7 T 954-927-2841 F 954-927-0149 Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the o ers of subject lands described above and that all partners have authorized (Applicant/Co tant/Representative) to make and file aforesaid application. Swom to and subscribed before me This_day of 20_ Signature: Da . (Print Name)** Sign Name of Notary Public State of( ) Print Name of No ry Street Address, City, State and Zip Code Commis s Expires: Seal* Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required.