HomeMy WebLinkAboutR-2011-138 - Accepted a Right of Way Deed by McDonald's Corporation RESOLUTION NO. 2011-138
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ACCEPTING A RIGHT OF WAY DEED, PROPOSED TO
BE CONVEYED TO THE CITY BY MCDONALD'S CORPORATION, A
DELAWARE CORPORATION, AUTHORIZED TO CONDUCT BUSINESS IN
THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
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 Right of Way
Deed from the McDonald's Corporation, a Delaware Corporation, authorized to conduct
business in the State of Florida. A copy of the Deed is attached marked as Exhibit "A", and it is
made a part of and incorporated into this Resolution by this reference.
Section 2. The City Manager and City Attorney are authorized to make minor
revisions to the Deed as are deemed necessary and proper for the best interests of the City.
Section 3. That the Right of Way Deed 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 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on November 8, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. LURY
CITY CLERK MAYOR
s
APPROVED AS TQ/jFORM AND CORRECTNESS:
THOM S J.ASB O ,
CITY ATTORNEY
PREPARED BY and RETURN TO:
THOMAS ANSBRO,ESQ.
100 West Dania Beach Boulevard
Dania Beach,FL 33004
Parcel Id No.: 514203106010
L/C 09-0130
RIGHT OF WAY DEED
THIS IS AN INDENTURE MADE on qkmtal 2011, by and between
McDONALD'S CORPORATION, a Delaware corporation, and its address is One McDonald's
Plaza, Oak Brook, Illinois 60523 ("Grantor"); Grantor desires to make a conveyance to the CITY
OF DANIA BEACH, FLORIDA, a Florida municipal corporation, and its address is 100 West
Dania Beach Boulevard,Dania Beach,Florida 33004("Grantee").
WITNESS:
WHEREAS, Grantor owns certain real property situate, lying and being in the City of
Dania Beach, Broward County, Florida, which abuts Federal Highway (U.S. One) upon which
Grantor desires to construct a public sidewalk,as required by the Grantee; and
WHEREAS, Grantee desires to obtain additional right-of-way along Federal Highway
(U.S. One) from Grantor to comply with the Dania Beach Community Redevelopment Plan for
future development of Federal Highway(U.S. One);and
WHEREAS, Grantor is willing to convey such right-of-way to Grantee; now, therefore,
Grantor, for good and valuable consideration, the receipt and adequacy of which are
acknowledged and agreed upon, has remised, released and quitclaimed, and by these presents
does remise, release and quitclaim to the Grantee, all the right, title, interest, claim and demand
which the Grantor has in and to the following described parcel of land, situate, lying and being in
the City of Dania Beach,County of Broward,State of Florida:
A portion of Lot I0 in Block 45 of NORTH HOLLYWOOD according to the
Plat thereof, as recorded in Plat Book 4 at Page 1 of the Public Records of
Broward County, Florida, and being more particularly described as follows:
Commence at the Northwest corner of Lot 6 of said Plat of NORTH
HOLLYWOOD; thence along the Northerly lines of said Lots 6 through 10
inclusive, said Northerly lines also being the Southerly line of a 15.00 foot wide
alley as shown on said Plat of NORTH HOLLYWOOD for 293.19 feet to a point
on the West line of the 46 foot half section Right-of-Way on each side of the
centerline pursuant to the Broward County Trafficways Plan and the POINT OF
BEGINNING of the hereinafter described Parcel to be dedicated for road right-
of-way; thence on a bearing of South along said West line for 49.64 feet to a
point of curvature; thence Southwesterly along a 100.00 foot radius curve,
leading to the right, through a central angle of 9°03'37" for an arc distance of
15.81 feet to a point of reverse curvature; thence Southerly along a 100.00 radius
curve, leading to the left, through a central angle of 9°03'37" for an arc distance
of 15.81 feet to a point of cusp with a curve concave to the Southeast and having
a radius of 100.00 feet and to which point a radial line bears South 80°56'23"
East; thence Northeasterly for 13.45 feet along said curve to the right through a
central angle of 07°42'14" to a point of reverse curvature;thence Northerly along
a 100.00 foot radius curve, leading to the left, through a central angle of
16°45'51" for an arc distance of 29.26 feet to a point of tangency; thence on a
bearing of North for 23.52 feet to a point on said North line of Lot 10, also being
on said Southerly tine of a 15.00 foot wide alley,The previous three (3) courses
being along the Westerly road Right-of-Way line of State Road No. 5 (U.S.
Highway No.1) as shown on the State Road Right-of-Way Map Section 86010-
2510,sheet 17 of 26; thence South 89°16'19" West along said North line of Lot
10 and South line of a 15.00 foot alley for 6.00 feet to the POINT OF
BEGINNING;
TO HAVE AND TO BOLD the same, together with all and singular appurtenances
belonging or in any way appertaining to the parcel,and all the estate, right, title, interest and any
claim related to the parcel,either in law or equity, for the proper use and benefit of the Grantee.
IN WITNESS OF THE FOREGOING, the Grantor has set its hand and seal the day
and year-first above written.
Signed,sealed and delivered in our presence:
McDONALD'S CORPORATION,
tnesses: a De ware corporation
. .
lure V ` i awre
jP Name Title
�J//h
A
Si
(CORPORA
PRINT Name
STATE OF i\ x t1U t S )
COUNTY O� C
I certify that on �dy ,2011,before me personally appeared
as the 1ni `LCLSL ttitle) of McDONALD'S CORPORATION, a Delaware corporation, to
me known to be the person described in and who executed the foregoing Right-of-Way Deed and
he/she acknowledged the execution to be his/her free act and deed as such officer, for the uses
and purposes mentioned in it, and that he/she affixed the official seal of the corporation, and this
instrument is the act and deed of the corporation.
ota y Publ ic,State of =l l tloi S
EKrkr-�-Stvt•�ne�to
PRINT Name of Notary Public
My Commission Expires:
LA
OFFICIAL SEAL.
11De011C5ty Attorney12010 riles1201 MEAL ESTATE FORMWOWD-McDon.dd's to Ciiy.fi lddoc E K DURKIN-STORNELLO
NOTARY PUBLIC-STATE Of d.UNOIS
W COWSSM EOMESOI ISR14
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S.E. 12th ST.
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S.W. 13th ST. S.E. 13th ST.
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LOCATION SKETCH
A PORTION OF SEC. 3-51-42
SCALE: 1"=300'
LEGAL DESCRIPTION:
PARCEL TO BE DEDICATED:
A portion of Lot 10 in Block 45 of NORTH HOLLYWOOD according to the Plot thereof, as recorded in Plat Book 4
at Page 1 of the Public Records of Broward County, Florida, and being more particularly described as follows:
Commence at the Northwest corner of Lot 6 of said Plat of NORTH HOLLYWOOD; thence along the Northerly lines
of said Lots 6 through 10 inclusive, said Northerly lines also being the Southerly line of a 15.00 foot wide alley
as shown on said Plat of NORTH HOLLYWOOD for 293.19 feet to a point on the West line of the 46 foot half
section Right—of—Way on each side of the centerline pursuant to the Broward County Trafficways Plan and the
POINT OF BEGINNING of the hereinafter described Parcel to be dedicated for road right—of—way; thence on a
bearing of South along said West line for 49.64 feet to a point of curvature; thence Southwesterly along a 100.00
foot radius curve, leading to the right, through a central angle of 9'03'37" for on arc distance of 15.81 feet to a
point of reverse curvature; thence Southerly along a 100.00 radius curve, leading to the left, through a central
angle of 9'03'37" for an arc distance of 15.81 feet to a point of cusp with a curve concave to the Southeast
and having a radius of 100.00 feet and to which point a radial line bears South 80'56'23" East; thence
Northeasterly for 13.45 feet along said curve to the right through a central angle of 07'42'14" to a point of
reverse curvature; thence Northerly along a 100.00 foot radius curve, leading to the left, through a central angle
of 16'45'51" for an arc distance of 29.26 feet to a Point of tangency thence on a bearing of North for 23.52
feet to a point on said North line of Lot 10, also being on said Southerly line of a 15.00 foot wide alley, The
previous three (3) courses being along the Westerly road Right—of—Way line of State Road No. 5 (U.S. Highway
No.
1) as shown on the State Road Right—of—Way Map Section 86010-2510, sheet 17 of 26; thence South
89'16'19" West along said North line of Lot 10 and South line of o 15.00 foot alley for 6.00 feet to the POINT
OF BEGINNING.
SURVEYOR'S NOTES:
— This site lies in Section 3, Township 51 South, Range 42 East, City of Dania Beach, Broward County, Florida.
— Bearings hereon are referred to an assumed value of S89'17'10"W for the North right—of—way of SW 14th St.
— Lands shown hereon were NOT abstracted for restrictions, easements and/or rights—of—way of records.
— This is NOT a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, Sketch #2004-239.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on June 9, 2011, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
"Not valid widmt the signature and the original raised
seal of a Florida Licensed S or and Mapper"
FORTIN,L ,USES, I�IVG.,LB3653..:
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn By GEM SKETCH OF DESCRIPTION Date 6/9/11
Cad. No. 110514 Scale 1" = 300'
Ref Dwg. FORnm LEAVY, S KILES, INC. Job. No. 110514
2004-239 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
FLOR11DA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1 01 1—0 42
ISO Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 6/9/1 1 3:00p Phone 305-653-4493/Fax 305-651-7152/Email mv s .com Sheet 1 of 2
LOT 15 LOT 14 LOT 13 LOT 12 LOT 11
0.
POINT OFJBEGINNING I o .w O
(PARCEL TO DEDICATED) Z'7 0
—oQ 15' ALLEYWAY PER SOUTH LINE 15�ALLEY z w Q
PLAT BOOK 4, PAGE 1 N 89°16'19"E 293.19' a 3 N
T `\ 40.0' �ZpN
-NORTHERLY LOTS 6-10
POINT OF COMMENCEMENT
IOFF OVERALL PA(CEL RTHWEST CORNER OF LOT 6 SEE DETAIL SW 13th
I1---�WESTERLY LINE LOT 6 TERRACE
LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 (PUBLIC RIND
IN O
BLOCK 45
P.B. PG.1 3 W
I �Jm
48 5
} S8911T101W NORTH R/W LINE S.W. 14TH ST.
N 3 1, SOUTH LINE LOTS 6-10
_ o 0 W SW 14th STREET
rra
(PUBLIC RIGHT-OF-WAI) r�-
O �J
N Ka
-�- Q
POINT OF BEGINNING
= Z3
(PARCEL TO BE DEDICATED) —j >-O
N89°16'19"E uu =Q
6.00, p
Lu =
m
LL
N `N Na
� �—
ci N
= Ocr
_ Z I VJ
GRAPHIC SCALE o
0 25 50 100 cn
I I I I
(IN FEET) (A=16°45'35")
_ DESCRIPTION�
A=16°45'51"
R=100.00'
L=29.26'
A=9°03'37" (A=7°41'56')
R=100.00' DESCRIPTION
L=15.81' A=7°42'14"
R=100.00'
L=13,,W
T=6.73'
ch=13.43'
DETAIL
PARCEL TO E DEDICATED
Drawn By GEM SKETCH OF DESCRIPTION Date 6/9/11
Cad. No. 110514 Scale 1" = 50'
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 110514
2004-239 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 101 1-042
180 Northeast 168th Street/North Miami Beach,Florida 33162
Plotted: 6/9/11 32Op Phone 305-653-4493/Fax 305-651-7152/Email sun• .eom Sheet 2 of 2