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HomeMy WebLinkAboutR-2011-048 Leonard Drainage Easement Correction RESOLUTION NO. 2011-048 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2008-072 WHICH APPROVED THE VACATION REQUEST (VC-15-06) SUBMITTED BY RUSSELL HAYSON, REPRESENTING THE PROPERTY OWNER CRAIG LEONARD AND MONICA LEONARD, TO VACATE AND RELOCATE A DRAINAGE EASEMENT ON PROPERTY LOCATED AT 345 NE 3`d AVENUE, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS AMENDED RESOLUTION; ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Russell Hayson, representing Craig Leonard and Monica Leonard, duly petitioned the City Commission of the City of Dania Beach, Florida, to vacate and relocate a drainage easement located at 345 NE 3`d Avenue,Dania Beach,and legally described in the survey as Exhibit"A", a copy of which is attached to this Resolution; and WHEREAS,the Planning&Zoning Board on April 16, 2008, 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 13, 2008; and WHEREAS,Resolution No.2008-072 was adopted on May 13,2008,but it was discovered that Exhibits"A"and`B"were copies of the same survey for both the vacated Drainage Easement and the Relocated Drainage Easement; and WHEREAS, this amended Resolution is intended to correct an error by replacing Exhibit "B"with the correct survey, which survey reflects the Relocated Drainage Easement replacing the vacated Easement for property located at 345 NE 3Td Avenue in Dania Beach; 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 drainage easement located at 345 NE 3rd Avenue,and legally described in Exhibit"A", a copy of which is attached to this Resolution. Section 2. That the City Commission of the City of Dania Beach, Florida, accepts the relocated drainage easement located at 345 NE 3ra Avenue, and legally described in the amended survey as Exhibit`B", a copy of which is attached to this Resolution. 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 May 24, 2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR y�pRDIS P APPROVED AS TO FORM AND CORRECTNESS: l THO S Y. ANABfO CITY ATTORNEY ' A�o 2 RESOLUTION#2011-048 Folio No.: 5042-34-08-0010 DRAINAGE EASEMENT This is a DRAINAGE EASEMENT granted on -41-�, 2011, by CRAIG A. LEONARD, a married man,joined by his wife,MONICA Il ARD, whose address is 345 NE P Avenue, Dania Beach, Florida 33004 (`GRANTORS"), to the CITY OF DANIA BEACH, FLORIDA.. a Florida municipal corporation, having an address of 100 West Dania Beach Boulevard,Dania Beach, Florida 33004("GRANTEE"): WHEREAS, GRANTORS are the owners of certain real property situated in Dania Beach, Broward County, Florida, and more particularly described as follows: A portion of Lot 1, Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 POINCIANA PARK", according to the Plat thereof, as recorded in Plat Book 31, Page 47,of the Public Records of Broward County, Florida. WHEREAS, GRANTORS have requested that the City of Dania Beach vacate an existing Storm Drainage Easement located on GRANTORS' real property described in Exhibit "A", which is attached and made a part of this document; WHEREAS, GRANTEE has agreed to vacate the existing Storm Drainage Easement located on GRANTORS' real property in exchange for the replacement Drainage Easement as referenced as Exhibit "B"attached to this document; WHEREAS, GRANTEE seeks a perpetual, non-exclusive easement on, over, across and through a portion of the Property for the construction and maintenance of drainage facilities, together with any appurtenances incidental and necessary to such; and WHEREAS,GRANTORS are willing to grant such an easement; NOW, THEREFORE, in consideration of the mutual promises and covenants exchanged between the parties and the sum of Ten Dollars ($10.00) given by GRANTORS to the GRANTEE and other good and valuable consideration, the receipt and sufficiency of which are acknowledged and agreed upon,GRANTORS declare as follows: 1. The foregoing recitals set forth in the above "WHEREAS" clauses are true, accurate and are incorporated into and made a part of this document by this reference. 2. GRANTORS grant to GRANTEE, its successors and assigns, a perpetual and non- exclusive drainage easement("Easement") on, over,across and through the GRANTORS' property. 1 3. The granting of this Drainage Easement shall include the right of ingress and egress over the drainage easement area for the purpose of construction and maintenance of drainage facilities in, upon and through the GRANTORS' property. 4. GRANTORS may, for their own purposes, utilize the property and shall retain a right of fine ingress and egress in, over, under, through, upon and across the property, which does not unreasonably interfere with GRANTEE'S exercise of this Easement. 5. If GRANTEE performs any work in connection with the Easement, the property shall be restored to its previously existing condition at the sole expense of the GRANTEE. 6. This Easement shall not be released or amended without the consent of the parties as evidenced by a document recorded in the Public Records of Broward County, Florida. I 7. GRANTEE shall record the fully executed Drainage Easement in its entirety in the Public Records of Broward County, Florida as its expense. 8. The Easement shall be governed by and interpreted according to the laws of the State of Florida. 9. This document contains the entire agreement between the parties relating to the rights granted and obligations assumed pursuant to this document. Any oral representations or modifications concerning this document shall be of no force and effect, excepting a subsequent modification reduced to writing and signed by the party to be charged. IN WITNESS OF T FOREG9ING, the GRANTORS have signed and executed this Drainage Eas ent on V 2011. WI GRANTORS: CRAIG A. LEONARD P Name St tore Signature 'rL—, S , PRINT Name I 2 MONICA LEONARD Signs P TN e 0'"...'41 ?2� - '�Z (signature Si store P Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged on , 2011, by CRAIG A. LEONARD,a married man,joined by his wife, MONICALEONARD, owners of the real Property located at 345 NE 3rd Avenue, Dania Beach, Florida 33004, both of which are MnMi knO:d� or who have produced as onf them acknowledged and executed this document for the purposes expressed in it. NOTARY PTALIJ My Commission Expires: State of Florida owma N re m8ci w EXMRE�OcnDe�2!.2013 Qayr11MNtry►reYe ieaewrMeR This instrument prepared by: Thomas J. Ansbro,Esquire, City Attorney for the City of Dania Beach, Florida 100 West Dania Beach.Blvd., Dania Beach, Florida 33004 3 i EXHIBIT"A" LEGAL DESCRIPTION 10'STORM -R INN EASFMENT TO I VACATED A portion of Lots 1 and 2, Block 1 of"Amended Plat of Blocks 4, 5 and a portion of Block 6 of Poinciana Park'according to the plat thereof as recorded in Plat Book 31 at Page 47 of the Public Records of Broward County,Florida being more particularly described as follows: Beginning at the Southwest corner of said Lot 1; Thence run North 00 Degrees 00 Minutes 00 Seconds West along the West line of said Lot 1 for a distance of 5.00 feet; Thence run North 90 Degrees 00 Minutes 00 Seconds East for a distance of 112.22 feet to a point on the arc of a circular curve concave to the East,the center of which bears North 56 Degrees 18 Minutes 11 Seconds East from said point;Thence run Southeasterly along the arc of said curve and the East line of said Lot t having a radius of 35.00 feet,through a central angle of 10 Degrees 32 Minutes 33 Seconds for an arc distance of 6.44 feet;Thence run South 00 Degrees 10 Minutes 33 Seconds West along the East line of said Lot 2 for a distance of 5.00 feet;Thence run South 90 Degrees 00 Minutes 00 Seconds West for a distance of 116.24 feet to a point lying on the West line of said Lot 2;Thence run North 00 Degrees 00 Minutes 00 Seconds West along said West line for a distance of 5.00 feet to the point of beginning. (Survey to follow) 3 RESOLUTION#2008-072 Survey—Exhibit 'A, r x. C OF ! `IFi IRd?QM " VACAM rrom l RiIN EASE xr axoeo rW Of�4.5;�e�A Ill p . yr r i a hr, IN 6©QV.'Ft refce 47 O��Itt i'Eib GG611 L4 OQ!^-OPT r " �' •• . + fi�rr 1. , .'� �CE c7r�. �eQc Rt+�c W4iRTt+ Prat ti�fe p1 TW! i ar secQkl�� or FqWill, IF � ' . :we vcs c s'va Mu tes otr�c i 5 PLOW Sw w uue r�xt, h 6f s r stet �piae7p�itr ec6n�a��. s a� NAB DAM WT-OF CMAL sik�lC�`'.ktl�C!' fsnar�uctcn R ,. at f1 My� x-.. 4 y l oc 4 #1 '*MT. r •RfRl !!R!1 AIF 4 AMA !l7�R Ot i9 ftw ' at N OVOW W 'f N 9Ekww f -W ftJk1'WI*i[J4T► ^4 �. xvnrwfei W't--------•- — .�......._- - -._...... .j r rr Lar 4 UkiC1C T Von JAY KGIU PROt`[5 5UKVVYOK AND MRPfl NO, 572 F „��yt'�°,a'� .n - _ ., .. .. M1.'�'3!' ..X''lh✓� afar ►t 11 LEGAL DESCRIPTION DRAINAGE EASEMENT LOT 1,BLOCK 1 CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA A portion of Lot 1,Block 1 of"AMENDED PLAT OF BLOCKS 4, 5,AND A PORTION OF BLOCK 6 POINCIANA PARK",according to the plat thereof as recorded in Plat Book 31,Page 47 of the Public Records of Broward County,Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Lot 1,Block.1; THENCE North 89°05'09"West on the North line of said Lot 1,a distance of 18.10 feet to the POINT OF BEGINNING; THENCE South 00154'l8"West,a distance of 11.82 feet to the intersection with the Easterly line of said Lot 1,said i point being a point on the arc of a non-tangent curve to the left from which the center of radius of said curve bears South 33°56'42"East; THENCE Southwesterly,on the arc of said curve to the left,having a radius of 35.00 feet,a central angle of 55109'00",and an arc distance of 33.69 feet to a point of cusp; THENCE North 00'54'18"East,a distance of 40.54 feet to the intersection with said North line of said Lot 1; THENCE South 89°05'09"East on said North line of Lot 1,a distance of 15.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach,Broward County,Florida,and containing 305 square feet,more or less. SURVEYORS'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 instruments of record. 3. Bearings are based on the North line of Lot 1, Block 1 of "AMENDED PLAT OF BLOCKS 4, 5, AND A PORTION OF BLOCK 6 POINCIANA PARK",according to the plat thereof as recorded in Plat Book 31, Page 47 of the Public Records of Broward County,Florida,having an assumed bearing of South 89005'09"East. 4. Information shown hereon does not resent a boundary survey. CAL ,GIORD O& TF, C. 00 G gory J. lem is fessional S ey and Mapper lorida Regis Lion Number 4479 Prepared by: SHEET 1 OF 2 CALVIN,GIORDANO AND ASSOCIATES,INC. 1800 Eller Drive,Suite 600 Fort Lauderdale,Florida 33316 February 10,2011 MProjectsV01 1\1 13980 Poinciana Park Drainage Easement\Survey\Legal Descriptions\113980-V-SD-ESMT.doc SKETCH OF LEGAL DESCRIPTION DRAINAGE EASEMENT k"k 'A61t LEGEW. T = GUY ANCHOR BCR = BROWARD COUNTY RECORDS cQ,> = WOOD UTILITY POLE PB = PLAT BOOK —OHW-= OVERHEAD WIRES PG - PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT DANIA CUT- OFF CANAL P.O.C. LOT 1 N'LINE OF BLOCK 1 P.O.B.-I N.E.CORNER OF LOT 1, BLOCK 1 P.8.31, PG.47, B.C,R. (BASIS OF BEARING) P.B.31, PG.47, B.C.R. S89vwog*E 18.10' 1.7- N89'05'09"W N 3 ' �s. � ^p 1QG 1 IS/ 1-595 ELL O Q< PERIMETER RD N W �d. i H FT. LAUDERDALE/HOLL OD • �'�}`i'+ SW 42 S INTERNATIONAL AIR NR SITE / _ w DANIA BEACH I D STIRLING RD u 1 F w ,{ ERIDAN ST �l EASTERLY LINE OF '0 < LOT 1, BLOCK 1 L P.B.31, PG.47, B.C.R. LOCATION MAP NOT TO SCALE W w O P O 7 C L O 0 GRAPHIC SCALE a 10 c 0 S 10 20 40 u a ( IN FEET ) I inch = 10 ft. Cahn,Giordano&Associates,Inc. LOT 1 BLOCK 1 PROJECT W � a , jEXCEPTIONAL SULLITIONS 1 = 10.0' 11-3980 It00E11uQhe.SMsiOp.fatLwtlndde,l�o+idD„�i POINCIANA PARK 2 ve:�N 95i.V]L,,il Fix:9N,911,iW, DANIA BEACH, FLORIDA DATEuoFl� a C.rtlnc.t. of Authoriwtton 8791 02-10-201 SEE LEFT 2