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Home My WebLink AboutR-2007-090 Aragon NE 2nd Street Quit Claim Deed RESOLUTION NO. 2007-090 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO CONVEY TO THE ARAGON GROUP, INC., PORTIONS OF NE 2"o STREET, FRONTON BOULEVARD AND (UNIMPROVED) NE 4TH COURT, IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; AUTHORIZING SUCH OFFICIALS TO EXECUTE A QUIT CLAIM DEED, A COPY OF WHICH IS ATTACHED AS EXHIBIT "B'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach ("City") is the fee simple owner of portions of NE 2"d Street, Fronton Boulevard and (unimproved) NE 4`h Court ("Property"), and legally described in Exhibit"A"; and WHEREAS, pursuant to Resolution No. 2007-081, passed and adopted on May 8, 2007, the City approved the petition of The Aragon Group, Inc. to vacate and close the Property; and WHEREAS, in connection with such vacation, the City desires to authorize the proper City officials to execute a quit claim deed to convey portions of the Property from the City of Dania Beach to The Aragon Group, Inc. (a copy of the quit claim deed is attached as Exhibit "B„ 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, is willing to convey to The Aragon Group, Inc. portions of NE 2"d Street, Fronton Boulevard and (unimproved) NE 4`h Court, and legally described in Exhibit "A", which was vacated by the City Commission pursuant to Resolution No. 2007-081 on May 8, 2007. Section 2. That the proper City officials are authorized to execute a quit claim deed conveying the Property from the City of Dania Beach to The Aragon Group, Inc., a copy of which quit claim deed is attached as Exhibit`B". This conveyance 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 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. 1, BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO AND CORRECTNESS 41� BY: ' �`1 THO AS J. A SB CITY ATTORNEY 2 RESOLUTION#2007-090 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 Comer 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#2007-090 EXHIBIT "B" PREPARED AND RETURN TO: Heidi Davis Knapik, Esq. Gunster, Yoakley & Stewart, P.A. 500 E.Broward Boulevard, Suite 1400 Fort Lauderdale, Florida 33394 Tax I.D. Nos. 5042 34 00 0560, 5042 34 00 0570, 5042 34 00 0580 and 5042 34 16 0010 QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed on 2007, on behalf of the CITY OF DANIA BEACH, FLORIDA, Wa City of Dania ("Grantor"), the address of which is 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 and THE ARAGON GROUP, INC., a Florida corporation ("Grantee"), the address of which is 301 E. Dania Beach Boulevard, P.O. Box 1107, Dania Beach, Florida 33004. (Whenever used in this document, the terms "Grantor", "Holdings", "Trustee" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and their successors and assigns) WITNESS: In consideration of the foregoing and the payment to the Grantor by the Grantee of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and adequacy of which are acknowledged and agreed upon, Grantor releases, remises and quit claims to the Grantee, its successors and assigns forever, the property described in Exhibit "1" attached and incorporated into this document. TOGETHER with all tenements, hereditaments and appurtenances, belonging to them or in any way appertaining to them. TO HAVE AND TO HOLD them together with all their appurtenances belonging or in any way appertaining to such lands, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, if any, either in law or equity, to the only proper use, benefit and behalf of Grantee forever. The Grantor also chooses not to reserve and releases any mineral and petroleum rights that it could have retained pursuant to §270.11, Florida Statutes. IN WITNESS OF THE FOREGOING, the Grantor has set its seal on the day and year first above written. [SIGNATURE PAGE FOLLOWS] 4 RESOLUTION#2007-090 GRANTOR: City of Dania Beach, Florida, A Florida municipal corporation BOB ANTON, Mayor APPROVED AS TO FORM AND LEGALITY Thomas J. Ansbro, City Attorney STATE OF FLORIDA ) ) ss COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on 2007, by Bob Anton, as Mayor of the CITY OF DANIA BEACH, FLORIDA, who is personally known to me, and who executed it on behalf of the City. Notary Public, State of Florida My commission expires: 5 RESOLUTION#2007-090 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 2Dd Street, Fronton Boulevard and(unimproved)Northeast 4`h 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 Bookl2, 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 comer 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 2"d Street, a distance of 228.22 feet to the POINT OF BEGINNING; THENCE continue North 88D41'36" 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 90D 14'04"and an are 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 01D32'28" 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 88D41'36" 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 01130'00" East on said East right-of-way line of Fronton Boulevard, a distance of 19.92 feet; Prcparcd br CALVIN,GIORDANO&ASSOCIATES,INC. ISDO aad Dhrc FSuilc66 Pon Lpu'2,2 ,FL 5331 6 November i,2006 Rc•ifed blveh 19,20oJ R=d Ap 12a,2U0) P\PrafKl[3006\06510J Dania Reuh Jai AIM PIa0SURVEV\LegalD cripli0n$%061303.V-SD-25TR VACA-0a SHEET 1 OF 3 SHEETS 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 are 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 D 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 88141'36" West. 4. Informations wn hereon does no epresent a Boundary Survey. CALVIN, GIO ANO& A S, INC. Signed: DATE: 'D Greg J. Clements Professional Surveyor and Mapper Florida Registration Number 4479 Nre by CALVIN,GIORDANO&ASSOCIATES.INC. 1M Ella Dsi..Soli.600 Pon IaudNnlc,FL 33316 Nevrn r 12006 Rcau March 19,2007 Rn%vW APO114.2009 P:`INj¢,,CIM0h5303W.iz Beach M Alai Plm`SURVF.V`LeSal Dauipibns`�065byv.SD?S fR.VACA 6. 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