HomeMy WebLinkAboutR-2011-015 - Downtown DB Development LLC-Dedication of Right-of-Way RESOLUTION NO. 2011-015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH FLORIDA, AUTHORIZING THE ACCEPTANCE OF A
DEDICATION OF CERTAIN REAL PROPERTY FOR RIGHT OF WAY
PURPOSES FROM DOWNTOWN DANIA BEACH DEVELOPMENT, LLC;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE
ALL ACTION NECESSARY TO COMPLETE THE DEDICATION AND
ACCEPTANCE OF SUCH REAL PROPERTY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 29, 2009, Downtown Dania Beach Development, LLC
("Downtown"), the City of Dania Beach, Florida (the "City"), and the Dania Beach Community
Redevelopment Agency (the "CRA"), entered into that certain Development Agreement
("Development Agreement") for development of the City Center Project (the"Project"); and
WHEREAS, Section 1.9 of the Development Agreement contemplates the transfer of
certain property for right of way roadway purposes from the Developer to the City; and
WHEREAS,the Developer is the owner of fee simple title to that certain real property as
more particularly described in the Right of Way Deed attached to this Resolution as Exhibit "A"
(the "Property"); and which exhibit is made a part of it by this reference; and
WHEREAS, the Developer desires to dedicate the Property to the City for public
roadway purposes; and
WHEREAS, the City desires to accept the Property from the Developer pursuant to the
Right-of-Way Deed in substantially the form as attached as Exhibit "A" to this Resolution (the
"Right-of-Way Deed").
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The above recitals are true and correct and incorporated into this
Resolution by this reference.
Section 2. The City Commission accepts the dedication from the Developer to the
City of the Property pursuant to the Right-of-Way Deed in substantially the form attached as
Exhibit"A", together with such changes as may be acceptable to the City Manager and approved
as to form and legality by the City Attorney.
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are repealed to the extent of such conflict.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 full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on February 8, 2011.
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ATTEST:
LOUISE STILSON, CMC C. K. McELYEA
CITY CLERK fie, MAYOR-COMMISSIONER
APPROVED AS TO ORM AND CORRECTNESS:
THOmAX J. Asbko
CITY ATTORNEY
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EXHIBIT"A"
This instrument Prepared by
and after recording return to:
Dale S.Bergman
Arnstein &Lehr LLP
200 E.Las Olas Boulevard
Suite 1700
Ft.Lauderdale,Florida 33301
Grantee's Tax Payer's Identification No.
RIGHT OF WAY DEED TO CITY OF DANIA BEACH, FLORIDA
CONVEYS THE TITLE FOR PUBLIC ROADWAY PURPOSES
THIS INDENTURE, made this day of February, 2011, by and between
DOWNTOWN DANIA BEACH DEVELOPMENT, LLC, a Florida limited liability company,
having its principal address at 3001 W. Hallandale Beach Blvd., Suite 300, Pembroke Park,
Florida 33309 in said State, party of the first part, and the CITY OF DANIA BEACH,
FLORIDA, a Florida municipal corporation, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, of the County of Broward, in the State of Florida,party of the second part.
WITNESSETH:
That the said party of the first part, for and in consideration of the sum of One Dollar to it
in hand paid by the party of the second part, receipt whereof is hereby acknowledged, and for
other and further good and valuable considerations, does hereby grant, bargain and sell to the
party of the second part, and its successors in interest, for the purpose of a public roadway and
purposes incidental thereto, the following described land, situate, lying and being in the County
of Broward, State of Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
It is the intention of the party of the first part by this instrument to convey to the said
party of the second part, and its successors in interest, the land above described for use as a
public roadway and for all purposes incidental thereto.
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It is expressly provided that if and when said roadway shall be lawfully and permanently
discontinued, the title to the said above described land shall immediately revert to the party of
the first part, its successors and assigns, and it or they shall have the right to immediately re-
possess the same.
And the said party of the first part will defend the title to said land against the lawful
claims of all persons whomsoever, claiming by,through or under it.
IN WITNESS WHEREOF, the said party of the first part, has executed this instrument
the day and year first above written.
Signed, Sealed,Attested
And delivered in our presence:
Witnesses
DOWNTOWN DANIA BEACH
DEVELOPMENT LLC,
Print Name: a Florida limited liability company
Print Name:
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of February,2011
by as , of Downtown Dania Beach Development, LLC,
on behalf of such limited liability company. He is personally known or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
Commission No.:
Commission Expires:
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EXHIBIT "A"
LAND DESCRIPTION
ALL OF LOT 10 AND A PORTION OF LOTS 9, 11 AND 12, BLOCK 22 OF "MAP OF THE
TOWN OF MODELO", NOW DANIA, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK B AT PAGE 49, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 10;
THENCE NORTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOTS 9 AND 10,
A DISTANCE OF 202.00 FEET;
THENCE SOUTH 00'01'00" EAST ALONG THE WEST LINE OF SOUTH FEDERAL
HIGHWAY, A DISTANCE OF 60.00 FEET;
THENCE SOUTH 90'00'00"WEST, A DISTANCE OF 202.0 FEET;
THENCE NORTH 00'01'00 WEST ALONG THE WEST LINE OF SAID LOTS 10 AND 11,
AND ALONG THE EAST RIGHT OF WAY LINE OF (COPENHAGEN AVENUE) S.W.
FIRST AVENUE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA; CONTAINING 12,120 SQUARE FEET, (0.2782 ACRE),
MORE OR LESS.
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