HomeMy WebLinkAboutR-2016-070 Accepts a Conveyance of Utility Improvements Known as ''Lift Station Number 16'' by Means of a Quit Claim Deed & Absolute Bill of Sale from BRE Polygon Property Owner, LLC RESOLUTION NO. 2016-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ACCEPTING A CONVEYANCE OF UTILITY
IMPROVEMENTS KNOWN AS "LIFT STATION NUMBER 16" BY MEANS
OF A QUIT CLAIM DEED AND ABSOLUTE BILL OF SALE, FROM BRE
POLYGON PROPERTY OWNER, LLC, A DELAWARE LIMITED LIABLITY
COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, BRE Polygon Property Owner, LLC, ("BRE") owns and operates certain
utility improvements, known as Lift Station Number 16 (the "Lift Station") and appurtenances to
it comprising certain wastewater collection and transmission facilities (the "Facilities") located in
the City of Dania Beach, Florida(the "City"); and
WHEREAS, the Lift Station and the Facilities currently provide wastewater collection
and transmission services to private properties located in the area, including the properties
identified on the attached Exhibit"A"; and
WHEREAS, the City and BRE have agreed that it is in the best interest of the citizens
and residents of the City for the City to own and operate the Lift Station and the Facilities as part
of the City's wastewater collection and transmission system; and
WHEREAS, upon the adoption of this Resolution, the City and BRE will enter into an
Agreement to Convey the Sewer Lift Station pursuant to which BRE will convey by Quit Claim
Deed its interest in the Lift Station, and the property upon which it is located, and execute an
Absolute Bill of Sale for the Lift Station and wastewater collection and transmission
appurtenances in favor of the City; and
WHEREAS, BRE will grant such necessary access easements to the City through its
property connecting the Lift Station and Facilities to the wastewater facilities of the properties
identified on Exhbit"A" in order to provide for continued services to such properties; and
WHEREAS, upon the conveyance of the Lift Station, the sale of the Facilities and grant
of the access easements described in this Resolution and execution of the necessary documents as
referred to below, the City will provide access and connection to the properties identified on
Exhibit "A" for transmission of wasterwater through the Facilities and Lift Station to be owned
by the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing recitals are true and correct and by this reference are
incorporated into and form a material part of this Resolution.
Section 2. That the proper City Officials are authorized to accept utility improvements
known as "Lift Station Number 16", by means of a Quit Claim Deed and Absolute Bill of Sale
for all appurtenances of the lift station, from BRE Polygon Property Owner, LLC, a Delaware
limited liability company; a copy of the Quit Claim Deed is attached as Exhibit "B" and a copy
of the Absolute Bill of Sale is attached as Exhibit "C" and they are both made a part of this
Resolution.
Section 3. The City Manager and City Attorney are authorized to make minor revisions
to Exhibits "A", "B" and "C" and related documents as may be deemed necessary and proper for
the best interests of the City and the proper City officials are authorized to do all things necessary
and expedient in order to carry out the intentions of this Resolution.
Section 4. That the Quit Claim Deed and necessary access easements 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 performed by the City.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION#2016-070
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 14, 2016.
ATTEST: �s F CIO
��sr
.lam,
LOUISE STILSON, CMC R O A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED S TO ORM AND CORRECTNESS:
THOMAS J. N O
CITY ATTORNEY
3 RESOLUTION 92016-070
EXHIBIT "A"
LIST OF ALL PROPERTIES CONNECTED TO
LIFT STATION NO. 16 PER WATER CONSUMPTION TABLE OF
CITY OF DANIA BEACH
4 RESOLUTION#2016-070
EXHIBIT "A"
PROPERTIES RECEIVING WASTEWATER COLLECTION AND
TRANSMISSION SERVICES FROM LIFT STATION #16
Business Name Site Address City
B & JCM Properties, LLC 1900-1904 Stirling Road Dania Beach
(Best Western)
COED Stirling Rd., LLC 180 SW 18 Avenue Dania Beach
(Hilton Garden)
Oakridge Hotel, LLC 151 SW 18 Court Dania Beach
(Springhill Suites) a/kl/a
Stirling Hotel Dania Beach,
Ltd.
Hyatt Place a/k/a Palmetto 91 SW 18 Avenue Dania Beach
Hospitality of Dania
Hyatt House — Dania 90 SW 18 Avenue Dania Beach
Beach, FL a/k/a Palmetto
Hospitality of Dania
Discount Auto Parts & 1750 Stirling Road Dania Beach
Advance Stores Co., Inc.
a/k/a Dania Discount Auto
Vision Works 1780 Stirling Road #101 Dania Beach
SPRINT, Sprint Spectrum 1780 Stirling Road, #103 Dania Beach
LP
Mattress Xpress, Inc. 1780 Stirling Road, #105 Dania Beach
Chipotle Mexican Grill 1780 Stirling Road #106 Dania Beach
Vitamin Shoppe 1780 Stirling Road #108 Dania Beach
BK Sterling Investment, 1800 Stirling Road Dania Beach
LLC (Burger King) a/k/a
Goldco, LLC
Prepared By:
MATTHEW H. SCOTT, ESQUIRE
Tripp Scott,P.A.
110 SE 61h Street, Suite 1500
Ft. Lauderdale, FL 33301
Property Appraiser's Parcel
Identifying No.
QUIT CLAIM DEED
This Quit Claim Deed is made this day of , 2016, between BRE
POLYGON PROPERTY OWNER LLC, a Delaware limited liability company, hereinafter
called the "Grantor", and CITY OF DANIA BEACH, a Florida municipal corporation
organized and existing under the laws of the State of Florida, hereinafter called the Grantee
(Whenever 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, trusts and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum TEN AND NO/100
DOLLARS ($10.00) and other good and valuable consideration to said Grantor in hand paid by
said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and
quitclaim to the said Grantee, and Grantee's heirs and assigns forever, all the right, title, interest,
claim and demand which Grantor has in and to the following described land, situate, lying and
being in Broward County,Florida, to-wit:
(SEE EXHIBIT"A"ATTACHED HERETO)
Preparation of deed only, without title examination.
To Have and to Hold, the same together with all and singular the appurtenances thereto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and
claim whatsoever of Grantors, either in law or equity, for the use, benefit and profit of the said
Grantee forever.
IN WITNESS WHEREOF, the Grantor has caused this Quit Claim Deed to be executed
the day and year first above written.
Signed, sealed and delivered
in our presence: BRE POLYGON PROPERTY OWNER
L LC, a Delaware limited liabily company
Name:
(type or print) Post Office address:
345 Park Avenue,42nd Floor
Name: New York,NY 10154
(type or print)
STATE OF
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED before me this
day of , 2016, by , as of
BRE POLYGON PROPERTY OWNER LLC, a Delaware limited liability company, , to me
personally known or produced identification. Type of identification
produced:
Name:
Notary Public
My Commission Expires:
Commission No.:
EXHIBIT A
SKETCH AND LEGAL DESCRIPTION
BY
POLICE LAND SURVEYORS, INC.
pLs 5381 NOB HILL ROAD PLS
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777•FAX: (954) 572-1778
E—MAIL: surveysQpulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LE3#3870
LEGAL DESCRIPTION:
A PORTION OF PARCEL 'A', "DUKE & DUKE
SUBDIVISION", ACCORDING TO THE PLAT DANIA BEACH BLVD
THEREOF, AS RECORDED IN PLAT AT BOOK
124, PAGE 48, OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, AND A
PORTION OF THE VACATED RIGHT—OF—WAY
OF SW 1st STREET LYING SOUTH OF SAID N
PARCEL 'A', AS RECORDED IN OFFICIAL
RECORDS BOOK 29499, PAGE 803 OF THE
PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL"A"
COMMENCING AT THE SOUTHEAST CORNER "DUKE&DUKE SUBDIVISION'
PLAT BOOK 124,PAGE 48
OF SAID PARCEL 'A'; THENCE NORTH
01'20'40" WEST ALONG THE EAST LINE OF
SAID PARCEL 'A' 6.44 FEET; THENCE FP-- UFTSTATI
SOUTH 86'42'33" WEST 60.01 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH w
02'41'25" EAST 19.99 FEET; THENCE SOUTH F- a
42'21'50" WEST 8.99 FEET; THENCE SOUTH z W Aga
87*44'10" WEST 23.54 FEET; THENCE
� n
NORTH 04'43 47 WEST 25.86 FEET; o P.
THENCE NORTH 86°42'33" EAST 30.83 FEET
TO THE POINT OF BEGINNING.
Q^ 4
o�
0
m
a
SAID LANDS SITUATE, LYING AND BEING IN
THE CITY OF DANIA BEACH, BROWARD
COUNTY, FLORIDA AND CONTAINING 773
SQUARE FEET, MORE OR LESS.
STIRLING ROAD
LOCATION MAP
NOT TO SCALE
FILE: TRIPP SCOTT, P.A. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
SCALE: N/A I DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2
ORDER NO.: 60502
DATE: 2/4/16
LIFT STATION 0 JOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER L52691
R(BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136
DANIA BEACH, BROWARD COUNTY, FLORIDA
FOR: CITY OF DANIA BEACH LIFT STATION
SKETCH AND LEGAL DESCRIPTION
BY
PULICE LAND SURVEYORS, INC.
PLS 5381 NOB HILL ROAD PLS
SUNRISE, FLORIDA 33351
TELEPHONE: (954) 572-1777•FAX: (954) 572-1778
E—MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870
PARCEL "A"
"DUKE & DUKE SUBDIVISION"
— - - PLAT BOOK 124, PAGE 48- - _ _ — J- -._..__-- -- - - �-- --
EAST LINE
%Hr--aF wAY E4sExrENT POINT OF PARCEL "A"
i°r BOA 124. PAr,< BEGINNING
a S80°42'3 W 60.01'
N _ N01°20'40"W 6.44'
cn
o POINT OF
j N
w LIFT STATION 504' 1 COMMENCEMENT
-' 1 SE CORNER PARCEL "A"
ROADWAY VACATED
O.R.B. 29499, PAGE 803
O° 1
S87°44`IU W 23.54'
PARCEL "B" 1
"KRILICH PLAT" PORTION BLOCK"
1
PLAT BOOK 142, PAGE 19 DOUGLAS HILL N
PLAT BOOK 12, PAGE 45
NOTES:
1) BEARINGS ARE BASED ON THE EAST LINE OF PARCEL 'A', BEING N01°20'40"W.
2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY.
3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
FILE: TRIPP SCOTT, P.A. SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR
SCALE: 1"=20' 1 DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2
ORDER NO.: 60502
DATE: 214/16 LEGEND:
LIFT STATION O.R.B. OFFICIAL RECORDS BOOK
DANIA BEACH, BROWARD COUNTY, FLORIDA
FOR: CITY OF DANIA BEACH LIFT STATION
ABSOLUTE BILL OF SALE
FOR TEN DOLLARS($10)and other good and valuable consideration,the receipt and adequacy of
which are hereby acknowledged, BRE POLYGON PROPERTY OWNER LLC, a Delaware
limited liability company("Seller")grants,bargains,sells,transfers and delivers to the CITY OF
DANIA BEACH,a Florida municipal corporation organized and existing under the laws of the
State of Florida ("Buyer"),the following property(the "Property"), to have and to hold forever.
ALL EXISTING COMPONENTS OF LIFT STATION#16
LOCATED IN THE CITY OF DANIA BEACH, FLORIDA
Seller represents and warrants to Buyer and Buyer's successors and assigns, that (a) Seller is the
lawful owner of the Property; (b)Seller has all right and power to sell the Property; (c)the Property
is free and clear of all liens and encumbrances of any kind,and(d)Seller will defend the sale of the
Property to Buyer hereunder against the lawful claims and demands of all persons.
Signed, sealed and delivered
in our presence: BRE POLYGON PROPERTY OWNER
LLC, a Delaware limited liability company
By:
Printed Name:
Name: Title:
(type or print) Post Office address:
345 Park Avenue,42"d Floor
Name: New York,NY 10154
(type or print)
STATE OF
COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED before me this
day of , 2016, by , as of BRE
POLYGON PROPERTY OWNER LLC, a Delaware limited liability company, , to me
personally known or produced identification. Type of identification
produced:
Name:
Notary Public
My Commission Expires: