HomeMy WebLinkAboutR-1982-431 i
I
RESOLUTION NO . 431
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
GUARANTEEING ALLOWABLE DENSITY TO U. S . LEND
LEASE , INC . , FOR LANDS CONTAINED IN THE PLAT
KNOWN AS , "U. S. LEND LEASE NO . 1 , " AND PROVIDING
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE .
WHEREAS , FGI INVESTORS , INC. , a Delaware corporation ("DEVELOP-
ER") is the owner of certain environmentally sensitive lands located
within the City of Dania ("CITY") , as more specifically described
in Exhibit "A" attached hereto ("LANDS") ; and
WHEREAS , as a condition to Broward County' s ("COUNTY") approval
{ on October 6 , 1981 , of that certain plan known as U. S . LEND LEASE
NO . 1 , DEVELOPER has agreed to grant COUNTY an option to receive
dedication of the LANDS on the terms and conditions of a certain
Option Agreement between the DEVELOPER and the COUNTY ("OPTION #1") ;
and
1
° WHEREAS , the DEVELOPER has agreed to grant the CITY an
a option to receive a dedication of the LANDS on the terms and condi-
tions of a certain Option Agreement between the DEVELOPER and the
1 CITY ("OPTION #2") ; and
f
WHEREAS , as a condition precedent to the exercise of either
OPTION #1 or OPTION #2 , DEVELOPER must receive from the CITY a
Resolution or other writing which guarantees that the exercise of
OPTION #1 or OPTION #2 will not adversely affect or lower the r
allowable density with respect to said plat as said density
existed on October 6 , 1981 ; and
WHEREAS , in the event the COUNTY exercises OPTION 111 , the
COUNTY covenants and represents that the LANDS shall remain the
1 property of the COUNTY in perpetuity and shall be used only as an
unimproved mangrove park; and
WHEREAS , in the event the CITY exercises OPTION #2 , the CITY
covenants and represents that the LANDS shall remain the property
of the CITY in perpetuity and shall be used only as an unimproved
mangrove park;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE
j CITY OF DANIA, FLORIDA:
Section 1. That the Option Agreement between FGI INVESTORS ,
I
i
INC. a Delaware corporation, and the CITY OF DANIA, a Florida
municipal corporation, a copy of which is attached hereto as
EXHIBIT "B" , be and the same is hereby approved.
Section 2 . That the CITY hereby guarantees that the exercise
of either OPTION $1 or OPTION #2 will not adversely affect or
lower the allowable density with respect to said plat as said
density existed on October 6, 1981.
Section 3 . That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed to the
extent of such conflict .
I
Section 4. That this resolutions shall be in force and
I
take effect immediately upon its passage and adoption.
1
j PASSED AND ADOPTED on this 12th day of January, 1932 .
i
�' L i
MAY R - G M ISSIONE
ATTEST :
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS :
FRANK C. ADLER, City Attorney
3
y
1
i
i
-2-
v
1
LEGAL DESCRIPTION
STATE OF FLORIDA
BROWARD COUNTY
CITY OF DANIA
SECTION 1, TOWNSHIP 51 SOUTH, RANGE 42 EAST
A parcel of land lying, being and situate in the Southwest 1/4 of
Section 2, Township 51 South, Range 42 East , Dania, Broward County,
Florida, being more particularly described as follows :
BEGIN at the Northwest corner of the Northeast 1/4 of Northwest i/4 of
said Southwest 1/4 of Section 2; thence run N 89019' 20" E, along the
North line of said Northeast 1/4 of Northwest 1/4 of Southwest 1/4, a
distance of 665. 50 feet, to the Northeast corner of said Northeast 1/4
of Northwest 1/4 of Southwest 1/4; thence run S 00*01120" W, along the
East line of said Northeast 1/4 of Northwest 1/4 of Southwest 1/4, a
distance of 682. 72 feet to the Southeast corner of said Northeast 1/4
of Northwest 1/4 of Southwest 1/4 ; thence run S 89*291301, W, along the
South line of said Northeast 1/4 of Northwest 1/4 of Southwest 1j4, a
distance of 15. 07 feet ; thence run N 57000130" W a distance of 237. 45
feet to a Point of Curvature of a .curve to the left; thence run North-
westerly along the arc of said curve, concave Southwesterly with a
radius of 230. 00 feet, through a central angle of 32°55115" an arc dis-
tance of 132. 15 feet to a Point of Tangency; thence run N 890551451, W
a distance of 223. 01 feet to a Point of Curvature of a curve to the
left; thence run Southwesterly along the arc of said curve,�concave
Southeasterly with a radius of 75. 00 feet, through a central angle of
75004115" an arc distance of 98. 27 feet to a Point of Tangency; thence
run S 15000 , 001, W a distance of 120. 97 feet to the Southwest corner of
said Northeast 1/4 of Northwest 1/4 of Southwest 1/4 ; thence run N 000
04 '15" E, along the West line of said Northeast 1/4 of Northwest 1/4
of Southwest 1/4, a distance of 680. 76 feet to the POINT OF BEGINNING,
containing a total of 8. 49 acres, more or less.
Exhibit "A"
EXHIBIT "B""`
u OPTION AGREEMENT 4
THIS OPTION AGREEMENT by and between CITY OF DANIA, a
Florida municipal corporation, ("City") , and FGI INVESTORS
INC. , a Delaware corporation ("DEVELOPER") .
W I T N E S S E T H
WHEREAS, Developer is the owner of certain environmentally
sensitive lands located within the City as more specifically
described in Exhibit "A" attached hereto ("Lands") ; and
WHEREAS, as a condition to the approval on October 6,
1981 by the Board of County Commissioners of Broward County,
a political subdivision of the State of Florida ("County") ,
of that certain Plat known as U.S. FEND LEASE NO. 1, Developer
has granted County an option to receive a dedication of the
Lands which shall continue in effect until October 6, 1986;
and b-t A
WHEREAS, the Developer has agreed to grant the City an
option to receive a dedication of the lands if the County
either does not exercise its option to receive a dedication
of the Lands by October 6, 1986, or waives its right to
receive said dedication prior to October 6 , 1986.
NOW, THEREFORE, in consideration of the mutual premises
set forth herein and for other good and valuable consideration,
the receipt of which is hereby acknowledged, the parties
agree as follows:
1. Developer hereby grants to City the option to receive
at no cost a dedication of the Lands on the terms and condi-
tions contained herein ("Option") .
j
2. The Option shall commence either on October 7, 1986
or the date County waives its right to receive said dedica-
tion, whichever date first occurs, and continue in effect
from said date for a period of two (2) years.
3. It is a condition precedent to the exercise of the
Option that Developer shall have received from the City
EXHIBIT "B"
'.during the , _,riod specified in this
Option Agreemen- a
resolution or other writing in form satisfactory to Devel-
oper which guarantees that the exercise of the Option will
not adversely affect or lower the allowable density with
respect to said Plat as said density existed on October 6,
1981.
4 . In the event City exercises this Option, City
covenants and represents that the Lands shall remain the
property of the City in perpetuity and shall be used only as
an unimproved mangrove park. There shall be no development
Of the Lands without the express prior written consent of
Developer. City's covenant and representation shall survive
City's receipt of a dedication of the Lands from Developer.
j
5• City shall exercise the Option by notifying Developer
in writing of such exercise and sending such writing by
certified or registered mail, return receipt requested,
Postage prepaid to Developer c/o Allan J. Koch, 2 South
Federal Highway, Dania, Florida 33004, with a copy to Stephen
B. Moss at Holland & Knight,
One. Corporate Plaza, 110 East
Broward Boulevard, Fort Lauderdale, Florida 33301, or such
other addresses or to the attention of such other persons as
shall be supplied to City by Developer in like manner. Upon
exercise of the Option, Developer shall cause the Lands to
be dedicated to City by use of an instrument in the form
' attached hereto as Exhibit "B".
6• Developer shall cause reasonable maintenance access to
exist between the Lands and a dedicated road right-of-way.
IN WITNESS WHEREOF, the parties have executed this Option
Agreement on the dates set forth below.
ATTEST:
f CITY OF a Florida
fnunicipal
corporaji
Wanda t-Iulli in $y°
City Clerk-Auditor / ayor- o / Ls i n =' —
`__ day of December, 1981 .
\� FGI INVESTORS INC. , a Delaware
corporation
Witness
i ��� • By
, ess
,�(,r2!� day of December, 1981 .
LEGAL DESCRIPTION
STATE OF FLORIDA
BROWARD COUNTY
CITY OF DANIA
SECTION 1, TOWNSHIP 51 SOUTH, RANGE 42 EAST
A parcel of land lying, being and situate in the Southwest 1/4 of
Section 2, Township 51 South, Range 42 East , Dania, Broward County,
Florida, being more particularly described as follows :
BEGIN at the Northwest corner of the Northeast 1/4 of Northwest 1/4 of
said Southwest 1/4 of Section 2; thence run N 89°19 ' 20" E, along the
North line of said Northeast 1/4 of Northwest 1/4 of Southwest 1/4, a
distance of 665. 50 feet, to the Northeast corner of said Northeast 1/4
of Northwest 1/4 of Southwest 1/4 ; thence run S 00'01 ' 20" W, along the
East line of said Northeast 1/4 of Northwest 1/4 of Southwest 1/i, a
distance of 682. 72 feet to the Southeast corner of said Northeast 1/4
of Northwest 1/4 of Southwest 1/4 ; thence run S 89°29130" W, along the
South line of said Northeast 1/4 of Northwest 1/4 of Southwest 1/4 , a
distance of 15. 07 feet; thence run N 57°00 ' 30" W a distance of 237.45
feet to a Point of Curvature of a curve to the left ; thence run North-
westerly along the arc of said curve, concave Southwesterly with a
radius of 230. 00 feet, through a central angle of 32°55115" an arc dis -
tance of 132 . 18 feet to a Point of Tangency; thence run N 89055 ' 45" W
a distance of 223. 01 feet to a Point of Curvature of a curve to the
left; thence run Southwesterly along the arc of said curve, concave
Southeasterly with a radius of 75. 00 feet, through a central angle of
75°04 '15" an arc distance of 98. 27 feet to a Point of Tangency; thence _
run S 15000 ' 00" IV a distance of 120. 97 feet to the Southwest corner of
said Northeast 1/4 of Northwest 1/4 of Southwest 1/4 ; thence run N 000
04115" E, along the West line of said Northeast 1/4 of Northwest 1/4
of Southwest 1/4 , a distance of 680. 76 feet to the POINT OF BEGINNING,
containing a total of 8. 49 acres, more or less.
i
d — .--_--•,,�:^Exhibit. a I`}.
EASEMENT
THIS EASEMENT executed this day of
198_, by FGI INVESTORS INC, a Delaware corporation, hereinafter
referred to as "Grantor" in favor of CITY OF DANIA, a Florida
municipal corporation, hereinafter referred to as "Grantee".
W I T N E S S E T H :
FOR AND IN CONSIDERATION of Ten Dollars ($10.00) and
F
other good and valuable consideration paid to the Grantor,
receipt of which is hereby acknowledged, the Grantor hereby
grants unto the Grantee, an exclusive easement for the use
of the property described in Exhibit "A" attached hereto
(the "Easement Lands") .
This easement shall be in perpetuity and shall be for
the exclusive use of the Grantee as an unimproved mangrove
park.
This easement shall terminate if at any time Grantee
1 improves any portion of the Easement Lands without the prior
written consent of the Grantor, provided, however, Grantee
shall maintain the Easement Lands and said maintenance shall
not be considered as an improvement.
IN WITNESS WHEREOF, the said Grantor has executed this '
Easement on the date set forth above.
FGI INVESTORS INC. , a Delaware
li corporation
(SEAL)
� Witness
By.
Witness
STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared
the of FGI INVESTORS INC. ,
a Delaware corporation, to me nown to be the person described
'• in and who executed the foregoing instrument and acknowledged
i
! J
!
the execution thereof to be his free act and deed as such
officer and the a=t and deed of said corporation, for the uses
and purposes therein mentioned, and that he affixed thereto
the official seal of said corporation.
WITNESS my hand and seal this day of
198_.
My Commission Expires: NOTARY PUBLIC, State of Florida at Large
:s
I
I
•
a
i
1