HomeMy WebLinkAboutR-2007-089 Boyd Gaming (Temp Easement) RESOLUTION NO. 2007-089
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
ACCEPTING A TEMPORARY ROAD AND UTILITY EASEMENT FROM
THE ARAGON GROUP, INC., A FLORIDA CORPORATION, IN
CONNECTION WITH THE CONSTRUCTION OF THE DANIA JAI ALAI
REDEVELOPMENT PROJECT LOCATED AT 301 EAST DANIA BEACH
BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has approved a development agreement ("Development
Agreement") for construction of a capital improvement on the property located at 301 East Dania
Beach Boulevard, Dania Beach, Florida (the "Property"), as set forth in Resolution No. 2006-
200, adopted by the Dania Beach City Commission on November 14, 2006; and
WHEREAS, The Aragon Group, Inc. ("Grantor") is the fee title owner of that certain
parcel of land located in Broward County, Florida, more particularly described in Exhibit "I",
consisting of 3 pages, attached to this Resolution (the "Easement Area"); and
WHEREAS, in connection with the Development Agreement, a portion of Northeast 2nd
Street will be reconfigured to prevent ingress to and egress from the Property to protect
residential neighborhoods in the area; and
WHEREAS, Grantor desires to grant and create a temporary, non-exclusive easement in
favor of the City and its franchisees, including public and private utility providers with existing
facilities in the Easement Area, for ingress and egress over, under and upon the Easement Area;
NOW, THEREFORE, 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 a temporary
easement for public ingress and egress, as well as repair and maintenance of existing public or
private utilities (the "Temporary Easement") from Grantor, which is attached as Exhibit "2" to
this Resolution. This acceptance 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. 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 Temporary 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.
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.
BOB ANTON
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F RM ND CORRECTNESS:
/-
BY:
TH MA J. A B O
CITY ATTORNEY
2 RESOLUTION#2007-089
Exhibit 1
LAND DESCRIPTION
PORTIONS OF NORTHEAST 2°d STREET, FRONTON BOULEVARD
& (UNIMPROVED) NORTHEAST 4TH COURT
SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST
CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA
Portions of Northeast 2"d Street, Fronton Boulevard and(unimproved)Northeast 0 Court 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 thereof as recorded in Plat Book12,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 88D41'36" East on the South line of said CAYDEN'S CORNER and on the
North right-of-way line of Northeast 2nd Street, a distance of 228.22 feet to the POINT OF
BEGINNING;
THENCE continue North 88°41'36" East on said North right-of-way 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 2nd 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;
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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.
NOTES:
1. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
2. Lands shown hereon were not abstracted,by the Surveyor, for Rights-of-Way, Easements,
Ownership,or other matters that may appear in the Public Records of Broward County.
3. Bearings are based on the North right-of-way line of Northeast 2nd Street having an
assumed bearing of South 88°41'36"West.
4. Information s wn hereon does no epresent a Boundary Survey.
CALVIN, GIO ANO& A S, INC.
Signed: DATE:_
Greg L Clements
Professional Surveyor and Mapper
Florida Registration Number 4479
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CALVIN,GIOWANO 4 ASSOCIATES,MC.
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Exhibit "2"—Resolution 92007-089
This instrument prepared by and Return to:
Heidi Davis Knapik
Gunster,Yoakley& Stewart, P.A.
500 East Broward Boulevard
Fort Lauderdale, FL 33394
TEMPORARY ROAD AND UTILITY EASEMENT
This easement agreement (the "Easement Agreement') is granted on
, 2007, by THE ARAGON GROUP, INC., a Florida corporation
("Grantor"), having an address of 301 East Dania Beach Boulevard, Dania Beach, Florida
33004, to THE CITY OF DANIA BEACH, a Florida municipal corporation ("Grantee"),
the address of which is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004
(collectively, the "Parties").
WITNESSETH
A. Grantor is the fee title owner of that certain parcel of land located in Broward
County, Florida, more particularly described in Exhibit "1", consisting of three
pages, attached to this document (the "Easement Area").
B. Grantor has proposed and Grantee has approved a development agreement (the
"Development Agreement") for construction of a capital improvement (the
"Capital Improvement") on the property located at 301 East Dania Beach
Boulevard, Dania Beach, FL (the "Property"), as set forth in Resolution No. 2006-
200, adopted by the Dania Beach City Commission on November 14, 2006.
C. In connection with the Development Agreement, a portion of Northeast 2"d Street
will be reconfigured to prevent ingress to and egress from to the Property to
protect residential neighborhoods in the area.
D. This Easement Agreement is intended to provide temporary rights of ingress and
egress along the Easement Area for residents of the City of Dania Beach, City of
Dania Beach and Broward County emergency and utility services, and private
utility providers, until such time as the reconfigured Northeast 2nd Street is opened
to the public.
E. Grantor desires to grant and create, pursuant to the terms and conditions in this
document, a temporary non-exclusive easement in favor of the City and its
franchisees, including public and private utility providers with existing facilities
in the Easement Area, for such ingress to and egress from over, under and upon
the Easement Area.
NOW, THEREFORE, for Ten and No/100 Dollars and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, Grantor and City
agree as follows:
1
Exhibit "2"—Resolution #2007-089
1. Recitals. The foregoing recitals are true and correct and are incorporated in this
document.
2. Grant of Easement. Grantor grants to Grantee a temporary, nonexclusive
easement (the "Easement") over, under and upon the Easement Area to allow
Grantee, at its sole expense, to use the Easement for the following purposes and
no other use whatsoever:
a. Maintain, repair and replace and have access to existing water and sewer
facilities or infrastructure on, over or under the Easement Area.
b. Provide vehicular and pedestrian ingress and egress to the public.
C. Repair and maintain existing facilities within the Easement Area,
including private utility facilities currently existing within the Easement
Area, and to provide ingress and egress for such utility providers on, over
or under the Easement Area.
3. Effective Date and Duration of Access Easement. The Easement granted by this
document shall become effective upon the recordation of this Easement
Agreement in the Public Records of Broward County, Florida. The Easement
shall terminate on the date when the reconfigured Northeast 2nd Street receives
final approval from all local, county, and state agencies required by applicable
law. Upon termination of the Easement, Grantor and Grantee shall execute, and
Grantor shall record, a notice of termination of this Easement Agreement in the
public records of Broward County, Florida.
4. Maintenance of Easement and Liability.
At all times during the term of this Easement Agreement, Grantee shall, at its sole
cost and expense, maintain the Easement Area in good order and repair and in the
condition existing as of the date first appearing above. In the event Grantee fails
to maintain the Easement Area in good order and repair and in the condition
existing as of the date first appearing above, Grantee shall indemnify Grantor for
costs associated with any damage or injury caused by Grantee's failure to
maintain or repair the Easement Area during the duration of the Easement.
5. Reservation. Grantor reserves all rights of ownership in and to the Easement Area
which are not inconsistent with the Easement, including, without limitation, the
right to grant further easements on, under, over and/or across the Easement Area
(i.e., utility easement, and access easements or both) and the right to use the
Easement Area for all uses not interfering or inconsistent with the uses permitted
in this document provided such uses are permitted within public rights—of—way in
accordance with the ordinances and regulations of the City of Dania Beach, or
other applicable law, or are otherwise agreed to by Grantee.
2
Exhibit "2"—Resolution 42007-089
6. Successors and Assigns. This Agreement shall be binding upon the successors
and assigns of the Grantor and Grantee, and the fee owner(s) from time to time of
the Easement Area and the Property.
7. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement executed by Grantor and Grantee.
Further, no modification, amendment or termination shall be effective unless in
writing and recorded in the Public Records of Broward County, Florida. Grantor
and Grantee agree that this Easement shall terminate on the date when the
reconfigured Northeast 2nd Street receives final approval from all local, county,
and state agencies required by applicable law, at which time Grantor and Grantee
shall execute, and Grantor shall record, a notice of termination of this Easement
Agreement in the public records of Broward County, Florida.
8. Entire Agreement. This agreement constitutes the entire agreement between the
parties with respect to the Easement granted in this document and supersedes all
prior agreements, understandings and arrangements, both oral and written,
between the parties.
9. Recordation. This Agreement shall be recorded in the Public Records of Broward
County, Florida.
10. Governing Law. The Easement and this Easement Agreement shall be construed
in accordance with the laws of the State of Florida.
[TEXT AND SIGNATURES FOLLOW]
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Exhibit "2" —Resolution #2007-089
IN WITNESS OF THE FOREGOING, the Parties have caused this Easement to be
executed the day and year first above written.
WITNESSES: GRANTOR:
THE ARAGON GROUP, INC., a Florida
corporation
Witness Signature
Printed Name: By:
Name:
Title:
Witness Signature Signature Date: 2007
Printed Name:
STATE OF FLORIDA )
)SS:
COUNTY OF BROWARD )
The foregoing Easement was acknowledged before on 2007, by
, as of THE ARAGON GROUP,
INC., a Florida corporation, on behalf of the corporation, who [ ] is personally known to
me, or [ ] has produced as identification.
(Notary Seal)
Signature of Notary Public
Name of Notary Typed, Printed or
Stamped
4
Exhibit"2"—Resolution 42007-089
WITNESSES: GRANTEE:
CITY OF DANIA BEACH
Witness Signature
Printed Name:
BOB ANTON, MAYOR
Signature Date: 2007
Witness Signature
Printed Name:
ATTEST:
LOUISE STILSON, CMC, CITY CLERK
APPROVED AS TO FORM:
THOMAS J. ANSBRO, CITY ATTORNEY
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