HomeMy WebLinkAboutR-2016-128 Accepting ROW Deed from DEC for a portion of NE 2 Street RESOLUTION NO. 2016-128
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ACCEPTING A RIGHT-OF-WAY DEED CONVEYING
TITLE FOR RIGHT-OF-WAY PURPOSES FROM DANIA
ENTERTAINMENT CENTER, LLC FOR THE RE-DEDICATION OF A
PORTION OF NORTHEAST 2ND STREET AS LEGALLY DESCRIBED IN
EXHIBIT "A"; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
RECORDING; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida (the "City") and Dania Entertainment
Center, LLC ("DEC") entered into a Second Amended and Restated Development Agreement
dated November 6, 2014 and approved by Resolution No. 2014-072; and
WHEREAS, DEC and the City entered into an Amendment to the Second Amended and
Restated Development Agreement dated November 20, 2015 and approved by Resolution No.
2015-117 (the "Development Agreement") which approved a revised DEC Capital Improvement
Plan; and
WHEREAS, the Development Agreement provides for the rededication/re-conveyance
of a portion of Northeast. 2nd Street conditioned upon Broward County approval of the proposed
vacation of the platted relocated Northeast. 2nd Street; and
WHEREAS, consistent with the Development Agreement, DEC has presented to the
City a Right-Of-Way Deed for the rededication/re-conveyance of a portion of N.E. 2nd Street as
right-of-way property, as more particularly described in the Right-of-Way Deed attached and
made a part of this Resolution as Exhibit"A" (the `Right-of-Way Deed); and
WHEREAS, the Right-of-Way Deed conveyance is made subject to the easements for
access and air rights in favor of DEC subject to the terms and conditions provided for within the
Development Agreement; and
WHEREAS, the City desires to accept the Right-of-Way Deed conveying title to the
City for public right-of-way purposes; and
WHEREAS,the City Commission has determined that it is in the best interest of the City
to accept the Right-of-Way Deed for the health, safety and welfare of the citizens of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing whereas clauses are ratified and incorporated as the
legislative intent of this Resolution.
Section 2. That the Right-Of-Way Deed, substantially in the form attached as Exhibit
"A", is accepted and approved.
Section 3. That the proper City officials are authorized to take all action and execute
any documents necessary to accept the Right-of-Way Deed and implement the purposes of this
Resolution.
Section 4. A certified copy of this Resolution, and the executed original Right-Of-
Way Deed, shall be recorded in the Public Records of Broward County, Florida.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on Se D er 27, 2016.
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ATTEST:
1
LOUISE STILSON, CMC R O A. SALVINO, SR.
CITY CLERK , MAYOR
A� 1
APPROVED AS TO F AND CORRECTNESS:
THOMAS J. SBRO
CITY ATTORNEY
2 RESOLUTION#2016-128
EXHIBIT A
(RIGHT OF WAY(ROW)DEED)
3 RESOLUTION#2016-128
This Instrument Prepared by:
Anthony C.Alfonso,Esq.
Holland&Knight LLP
515 East Las Olas Blvd,Suite 1200
Fort Lauderdale,FL 33301
RIGHT OF WAY DEED TO CITY OF DANIA BEACH,FLORIDA
CONVEYS THE TITLE FOR PUBLIC ROADWAY PURPOSES
THIS INDENTURE,made this day of ,2016,by and between DANIA
ENTERTAINMENT CENTER,LLC,a Delaware limited liability company,whose address is 301
East Dania Beach Boulevard, Dania Beach, Florida 33004 ("Grantor"),and the CITY OF DANIA
BEACH,a Florida municipal corporation,whose address is 100 West Dania Beach Boulevard,Dania
Beach, Florida 33004 ("Grantee").
WITNESSETH:
That Grantor,for and in consideration of the sum of One Dollar($1.00)to it in hand paid by
Grantee,the receipt whereof is hereby acknowledged, and for other and further good and valuable
considerations,does hereby grant,bargain and sell to Grantee,and its successors in interest,for the
purpose of a public roadway and purposes incidental thereto, all the right, title, interest, claim or
demand of Grantor, in and to the following described land, situate, lying and being in Broward
County, State of Florida,to-wit:
See Exhibit"A"attached hereto and by this reference made a part hereof.
It is the intention of Grantor,by this instrument,to convey to Grantee,and its successors in
interest,the land above described for use as a public roadway and for all purposes incidental thereto.
It is expressly provided that if and when the said roadway shall be lawfully and permanently
discontinued, the title to the said above described land shall immediately revert to Grantor, its
successors and assigns,and it or they shall have the right to immediately repossess the same.
This conveyance is made subject to easements for access and air rights in favor of Grantor,
and its successors and assigns,which are hereby retained pursuant to the terms ofthat certain Second
Amended and Restated Development Agreement by and between Grantor and Grantee dated
November 6,2014,and recorded on November 12,2014 in Official Records Book 51237,Page 93 of
Page I of 2
the Official Records Book of Broward County, Florida.
And Grantor 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 Grantor has executed this instrument as of the day and year
first above written.
Signed,sealed and delivered in the
presence of:
Witnesses DANIA ENTERTAINMENT CENTER,LLC,
a Delaware limited liability company
Signature: By:
Print Name: Name:
Title:
Signature:
Print Name:
STATE OF FLORIDA }
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2016, by , as of DANIA ENTERTAINMENT
CENTER, LLC, a Delaware limited liability company, on behalf of the company. He/She_is
personally known to me or_has produced a driver's license as identification.
Notary Public
Print Name:
Serial No. (if any):
Page 2 of 2
437458748_vl
Exhibit A
DESCRIPTION
N.E. 2`'STREET RE-DEDICATION
DANIA JAI-ALAI PLAT, P.& 177 PGS, 170-174,B.C.R.
CITY OF DANIA BEACH, BROWARD COUNTY',FLORIDA
A parcel of land being a portion of N.E. 2'd Street,Fronton Boulevard and N.E, 4!1 Court:as
described and vacated per Official Records Book 44126, Page 1208 and being a portion of Parcel
"A" of MANIA JAI-ALAI PLAT,according to the plat theredas recorded in Plat Book 177,
Page 170 of the Public Records of Broward County,Florida said parcel being more particularly
described as follows;
COMMENCE at the Southerly most Southwest corner of CAYDEN'S CORNER,according to
the plat thereof as recorded in flat:Book 176,Pages 36 and.,3 7 of the Public Records of Broward
County, Florida;
TI-IENCE N 88"41'36"E along the South line of said CA EN' CORNER, said line also being;
the North right-of-way line of N.E., 2nd Street, a distance of 228.22 feet to the POINT OF
BEGINNING;
THENCE continue N 88°4 t'36" E along said North right-of-way line (previously vacated), a
distance of 576.03 feet to a point of curvature of a.tangent curve concave to the Northwest
WHENCE Easterly, Northeasterly an&Northerly along,the are of said curve to the loft, having a
radius of 25.00 feet and a,central angle of 90014"W'for an are distance of39.37 feet to a point of
cusp of a tangent tine;
THENCE S 01°32'?8" E a distance of 85,10 feet to the.South right-of-way line of said N.E. 24
Street-,
THENCE S 88°41'36" W along the-:said South right-of-way line of N-E, 2" Street (previously
vacated),a distance of4914,33 feet to the East Tight-of-way line of Fronton Boulevard;
THENCE S 01030'00" E along the said.East right-of-way line of Fronnton.Boulevard; a distance
of 19.92 feet.-
THENCE S 8V41w3CC W a distance of 100.00 feet to a point can the arc ofa non-tangent ctrrve
concave to the Southwest, a radial line of said curve through said point having a bearing of N
88°30'OIT'E,
THENCE Northerly.Northwesterly and Westerly along.the arc of-said curve to the left, having a
radius of 215.00 feet and a central,angle,of 42 6'1"9"'for an arc,distance of 19_52 feet to a.point
on a non-tangent line;
THENCE N 01`4'47"W-a distance of 63.06 feet to the POINT OF BEGINNING-,
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E"ihniecui(€{t,€a is r al5ttrtasxiiaenti VdS[mcyi i iexa D&S'Akt STk t-RX-bFSA1'A1'NWo.. Sheet 1 of 3
Said land situate within the City of Dania Beach,Broward County, Florida and containing 38,235
square feet (0,8778 acres), more or less.
NOTES-
I I. Not Valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
I Lands shown Hereon.were.not abstracted,by the Surveyor, for Rights-of-Way, Easements,
Ownership, or other matters that may appear in the Public Records of-Broward County.
3- Bearings are based on the North right-of-way line of Northeast 2"d Street having an
assumed bearing of S 88P41'36"W.
4. Information shown hereon does not represent a Boundary Survey.
CALVIN, GIORDANO&ASSOCIATES, INC.
Signe DATE:
Steven M-Watts
Professional Surveyor and Mapper
Florida Registration Number 4589
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