HomeMy WebLinkAboutR-2015-009 - Approves transfer & convenyance by Quit Claim Deed of 0.28 acre parcel located north of Stirling Road & west of SW 35th Avenue along Forest View Circle to Forest View Estates, LLC RESOLUTION NO. 2015-009
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST TO TRANSFER AND
CONVEY A 0.28 ACRE PARCEL PREVIOUSLY DEDICATED TO THE CITY
AS A PUBLIC PARK AS MITIGATION FOR THE FOREST VIEW ESTATES
RESIDENTIAL SUBDIVISION OPEN SPACE AND RECREATIONAL
REQUIREMENTS, FOR PROPERTY GENERALLY LOCATED NORTH OF
STIRLING ROAD AND WEST OF SW 35TH AVENUE ALONG FOREST VIEW
CIRCLE, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY
DESCRIBED IN EXHIBIT"A";AUTHORIZING THE CONVEYANCE BY QUIT
CLAIM DEED TO FOREST VIEW ESTATES, LLC SUBJECT TO AND
CONDITIONED UPON MITIGATION AND PAYMENT OF APPLICABLE
RECREATION AND OPEN SPACE IMPACT FEES; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS EXECUTE THE QUIT CLAIM DEED;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR CONFLICTS;AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Forest View Estates, LLC (the"Applicant")is requesting the return,transfer
and conveyance of a 0.28 acre parcel of land previously dedicated to the City as a public park; and
WHEREAS, the 0.28 acre parcel is located at the NE corner of the approved Forest View
Estates residential subdivision, legally described as Parcel "P" Forest View Estates Plat (the
"Property") in the attached Exhibit"A"; and
WHEREAS,on October 12,2004,the Forest View Estates Plat,consisting of thirty-one(31)
detached single-family homes, was approved and accepted by the City Commission pursuant to
Ordinance No. 2004-028 and was subsequently recorded in Plat Book 175,Page 182,of the Public
Records of Broward County, Florida; and
WHEREAS,the Forest View Estates Plat dedicated the Property to the City as a public park
in satisfaction of the park dedication or fee-in-lieu requirements of the City Code for the
development of the Forest View Estates single-family residential subdivision; and
WHEREAS,the Property has very restricted access and is currently not utilized by the City
and residents as a dedicated public park use; and
WHEREAS, the lack of parking and access from outside of the Forest View Estates
subdivision and frontage located along SW 35t'Avenue,a right-of-way primarily serving the City of
Hollywood, all serve as contributing factors associated with the limited use of the Property as a
dedicated public park use; and
WHEREAS, the Applicant has proposed the future development and incorporation of a
private recreational facility on the Property to exclusively serve the Forest View Estates residents and
is now requesting the City return, transfer ownership and convey the Property in order to proceed
with the proposed future development plans for a private recreational facility; and
WHEREAS,the return,transfer and conveyance of the Property to the Applicant would be
subject to and conditioned upon mitigation and payment of applicable recreation and open space
impact fees by the Applicant; and
WHEREAS,the City Attorney has determined and finds the requested return,transfer and
conveyance of the Property to the Applicant is not considered or deemed surplus City property
subject to Part X,Article 2,Sections 1-5 of the City Code concerning requirements related to the sale
and disposition of surplus City property; and
WHEREAS,the City Commission desires to authorize and approve the conveyance of the
Property to Forest View Estates, LLC, by Quit Claim Deed, subject to and conditioned upon
mitigation and payment of applicable recreation and open space impact fees.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. Recitals. The foregoing"WHEREAS"clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. Authorization To Convey Property Approved. The City Commission
hereby approves and authorizes the Quit Claim Deed conveying the Property to Forest View Estates,
LLC,and authorizes the appropriate City officials including the Mayor,City Clerk and City Attorney
to execute the Quit Claim Deed, in substantially the form attached as Exhibit`B,"on behalf of the
City, subject to and conditioned upon mitigation and payment of applicable recreation and open
space impact fees.
Section 3. Implementation. That the appropriate City officials including the Mayor,
City Clerk and City Attorney shall be authorized to take any action which is necessary to fully
implement and effectuate the transaction contemplated by this Resolution.
Section 4. Conflicts. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 5. Effective Date. That this Resolution shall be in force and take effect
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immediately upon its passage and adoption.
PASSED AND ADOPTED on January 27, 2015.
ATTEST:
s F��r
LOUISE STILSON, CMC 1VJO A. SALVINO, SR.
CITY CLERK AYOR
ATED 19"
APPROVED AS TO FORMA CORRECTNESS:
THOMA J. AN B O
CITY ATTOWKEY
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL"P"FOREST VIEW ESTATES PLAT",ACCORDING TO THE PLAT
THEREOF AS RECOREDE IN PLAT BOOK 175 PAGE 182, OF THE PUBLIC
RECORDS OF BROWARD COUNTY,FLORIDA,BEING MORE PERTICULARY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL
THENCE SOUTH 01014'41"WEST ALONG THE EAST LINE OF SAID PARCEL
"P",A DISTANCE OF 121.62 FEET;
THENCE NORTH 89030'44"WEST ALONG THE SOUTH LINE OF SAID PARCEL
"P",A DISTANCE OF 103.40 FEET;
THENCE NORTH 00°29'16"EAST ALONG THE WEST LINE OF SAID PARCEL
"P",A DISTANCE OF 116.25 FEET;
THENCE NORTH 87°34'05"EAST ALONG THE NORTH LINE OF SAID PARCEL
"P",A DISTANCE OF 10515 FEET;
SAID LANDS SITUATE,LYING AND BEING IN BROWARD COUNTY FLORIDA;
CONTAINING 12,391 SQUARE FEET(0.289 ACRES)MORE OR LESS.
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EXHIBIT "B"
QUIT CLAIM DEED
THIS INSTRUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
Eduardo A Soto,Esq.
Weiss Serota Helfinan Bierman Cole&Popok,P.L.
2525 Ponce de Leon Blvd.,Suite 700
Coral Gables,Florida 33134
Tax Folio No.:504231270320
QUIT-CLAIM DEED
THIS QUIT CLAIM DEED,executed this day of ,2015,from
CITY OF DANIA BEACH,FLORIDA,a Florida municipal corporation,whose mailing address is 100
W. Dania Beach Blvd., Dania Beach, Florida 33004, hereinafter referred to as "Grantor", and
FOREST VIEW ESTATES,LLC,a Florida limited liability company,whose mailing address is Two
Datran Center, 9130 S.Dadeland Blvd., Suite 1600,Miami,Florida 33156,hereinafter referred to as
"Grantee".
(Wherever used herein,the terms Grantor and Grantee include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals,and the successors and assigns of Corporations.)
WITNESSETH,That the said Grantor,for and in consideration of the sum of TEN($10.00)
DOLLARS,and other good and valuable considerations,in hand paid by the said Grantee,the receipt
whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said Grantee
forever,all the right,title,interest,claim and demand which the said Grantor has in and to the following
described lot,piece or parcel of land, situate, lying and being in Broward County,Florida,to-wit:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity and
claim whatsoever of the said Grantor,either in law or equity,to the only proper use,benefit and behalf
of the said Grantee forever;provided however that this Property is subject to the terms and conditions
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of,and shall be used in the manner as set forth in that certain CITY OF DANIA BEACH,FLORIDA
Resolution No. 2015-
IN WITNESS WHEREOF,Grantor has signed and sealed these presents the day and year first
above written.
WITNESSES: GRANTOR:
CITY OF DANIA BEACH,a Florida
municipal corporation
Print Name
By:
Name: Marco A. Salvino, Sr.
Title: Mayor
Print Name
ATTEST:
By:
Louise Stilson, CMC, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Thomas J.Ansboro, City Attorney
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was sworn to and acknowledged before me this day of
,2015,by Marco A. Salvino, Sr.,as Mayor of the City of Dania Beach,a Florida
municipal corporation,on behalf of the corporation,who(check one)[ ]is personally known to me or
[ ] has produced a Florida drivers license as identification.
[SEAL]
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Notary Public, State of Florida
Print Name
Commission Expires:
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL "P" FOREST VIEW ESTATES PLAT", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 175 PAGE 182, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL "P"; THENCE SOUTH 01 °14'41"
WEST ALONG THE EAST LINE OF SAID PARCEL "P",A DISTANCE OF 121.62 FEET;
THENCE NORTH 89030'44" WEST ALONG THE SOUTH LINE OF SAID PARCEL "P",
A DISTANCE OF 103.40 FEET;
THENCE NORTH 00029' 16" EAST ALONG THE WEST LINE OF SAID PARCEL "P",
A DISTANCE OF 116.25 FEET;
THENCE NORTH 87034'05" EAST ALONG THE NORTH LINE OF SAID PARCEL "P",
A DISTANCE OF 105.15 FEET;
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY FLORIDA;
CONTAINING 12,391 SQUARE FEET(0.289 ACRES)MORE OR LESS.
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