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HomeMy WebLinkAboutR-2018-036 - Accepting ROW Deed conveying title for ROW purposes from Frost Park LLC for property located at the Southeast corner of NE 2 Court and NE 1 Street RESOLUTION NO. 2018-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A RIGHT-OF-WAY (ROW) DEED CONVEYING TITLE FOR RIGHT-OF-WAY PURPOSES FROM FROST PARK, LLC FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 2ND COURT AND NE 1ST STREET, AS ADDITIONAL RIGHT-OF- WAY PROPERTY NEEDED FOR FUTURE RIGHT-OF-WAY IMPROVEMENTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, FROST PARK, LLC has executed and presented to the City of Dania Beach, Florida (the "City") a Right-of-Way (ROW) Deed for additional right-of-way property generally located at the southeast corner of NE 2nd Court and NE 1st Street, as additional right-of- way property needed for future right-of-way improvements attached as Exhibit"A"; and WHEREAS, the additional right-of-way property is needed for future right-of-way improvements; and WHEREAS, the City desires to accept the Right-of-Way (ROW) 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 (ROW) Deed for public right-of-way purposes necessary to promote and ensure the continued 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. The foregoing whereas clauses are ratified and incorporated as the legislative intent of this Resolution. Section 2. The Right-of-Way (ROW) Deed, attached as Exhibit "A" is accepted, conveying the property free and clear of any encumbrances. Section 3. The appropriate City officials including the Mayor, City Manager and City Attorney are authorized to accept the Right-of-Way (ROW) Deed, in substantially the attached form, and to execute any additional documents necessary to accept the Warranty Deed. Section 4. A certified copy of this Resolution, and the executed original Warranty Deed, shall be recorded in the Public Records of Broward County, Florida. Section 5. This Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 13, 2018. ATTEST: �¢o,�p�'s F,,�T �y LOUISE STILSON, CMC A RA J S CITY CLERK MAYOR A.� 1 APPROVED AS TO F RM AND CORRECTNESS: r) \ TH S J. N O CITY ATTO EY 2 RESOLUTION#2018-036 EXHIBIT"A" ROW DEED 3 RESOLUTION 42018-036 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Lawrence Allen Raab, Esq. Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 Folio Number: A portion of 504234290210 RIGHT-OF-WAY-DEED (Frost Park Duplex) THIS INDENTURE is made this day of , 2018, between FROST PARK LLC, a Florida limited liability company, whose principal and mailing address is 2501 S Ocean Drive, Suite 106, Hollywood, Florida 33019, (hereinafter referred to as the "Grantor"), and the CITY OF DANIA BEACH, a Florida municipal corporation, whose mailing address is 100 W Dania Beach Boulevard, Dania Beach, Florida 33004, (hereinafter referred to as the "Grantee"). WITNESSETH that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to the Grantee, its heirs, successors and/or assigns in interest, for the purpose of providing public right- of-way and all purposes incidental thereto, all right, title, interest, claim or demand of the Grantor, in and to the following described land, situated, lying and being in the County of Broward and State of Florida, to-wit: See Exhibit "A" attached hereto and made a part hereof (the "Property'). And the Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. It is the intention of the Grantor hereto by this instrument to convey to the Grantee, and its heirs, successors and/or assigns in interest, the Property herein described for use as a public right-of-way and for all purposes incidental thereto. TO HAVE AND TO HOLD the Property in fee simple forever. 1 of 3 IN WITNESS WHEREOF, the Grantor has caused this Right-of-Way Deed to be executed as of the day and year first written above. WITNESSESS: GRANTOR: SIGNED, SEALED AND DELIVERED FROST PARK LLC, a Florida limited liability company IN THE PRESENCE OF: By: Name: Title: Manager Print Name Print Name STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2018, by FROST PARK LLC, a Florida limited liability company who is [ ] personally known to me or who has [ ] produced as identification. [SEAL] Notary Public, State of Florida Print Name of Notary Commission No. Commission Expires: 2of3 EXHIBIT "A" LEGAL DESCRIPTION AND SKETCH OF PROPERTY [See attached] 3 of 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR FOR RIGHT OF WAY DEDICATION EXHIBIT "Ail AV Nn NE 1 st_ STREET 589°59'48"E a wI 0 10 20 oIN d OlO SCA O I I gIN89°59'18"E 12.50' N89°59'18"If LEGEND: 90.00, P.B.=FLAT DOCK O.R.B.=OFFICIAL RECORD5 BOOK l PG.=PAGE /' k ON PORTION F LOT 11 O N �� SUBJECT TIO Z J=11� RIGHT OF WIRY a a m ( 0 I DEDICATION 3Zd; °D i I 00� / LOT1f =w J H a I g i g / cv LU Y f o o w0 O N 0 �� �� LEGAL DESCRIPTION: M N /'i /:I in F O1 Z m w I zr The West 12.50 feet of Lot I 1, —� ; ; =a m in Block 2 of"DANIA COUNTRY 't Q d i o,ri CLUB E5TATE5", according to V W / w m q the Plat thereof, as recorded in U = 1 I Z / N Plat Book 32, at Page 23,of the O QOQ Y a Public Records of Broward m O "'o County, Florida. m m n Containing 1,500 Square Feet, q~Q O I J:Z a / more or less, by calculations. a J O O d i. .. =UN / W � . N89°59'52"E m 1 2.50' 90.00' u1 a 589°5952"w 1 5'ALLEY (P.B. 32, PG.23) NOTICE:This document Is not valid,full and complete without all pages. LoyNUTUDE s u R V E Y 0 R s 7715 NW 48TH STREET,SUITE 310,DORAL,FLORIDA 33166"PHONE:(305)463-0912"FAX:(305)513-5680 "WWW.LONGITUDESURVEYORS.COM 2\18035 F—Pm"Dueler---418 HE 1 S—L—"w .Ff—33 \°te\Sk—3 La d\I80.T5 SL 01-24--, 1/2S/-. 4:Y0:30 P"EST JOB No.18035.0.00 PAGE 1 Or2 4 of 3 I SKETCH TO ACCOMPANY LEGAL DESCRIPTION I t FOR RIGHT OF WAY DEDICATION I FIE] SUBJECT PARCEL Q E 1at E 1 O LL W E DANA BEACH SOUL AFID g Y i LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: i The Legal Description of the 5ubjeck Parcel was generated from the follownng documents: 1.Plat of"DANIA COUNTRY CLUB ESTATES%recorded in Plat Book 32,at Page 23,Public Records of Broward County,Florida. k 2.Plat of"BEACHWAY%recorded in Plat Book 8,at Page 33,Public Records of Broward,Florida. I 3.Warrantry Deed recorded on July 8,201 G,Instrument No, 1 135001 08,of the Public Records of Broward County,Florida. Bearngs as shown hereon are based upon the centerline of NE let Street,with an assumed beanny of 589059'48'E,said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Flat of record.Please refer to the Limitations item with respect to possible restrictions of record and utility services. RESTRICTIONS: a.This parcel of land calculations forms a closed geometry figure. b.Since no other information were furnished other than what is cited in the Sources of Data,the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Broward County,Florida or any other Public and private entities as theirjurisdictions may appear. c.This document does not represent a field boundary survey of the described property,or any part or parcel thereof. SURVEYOR'S CERTIFICATE: r I hereby certify:That this"Sketch to Accompany Legal Description"and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further,that said"Sketch to Accompany Legal Description"meets the mtent of the applicable provisions of the "Standards of Practice for Land 5urveymg in the State of Florida",pursuant to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Code and its implementing law,Chapter 472.027 of the Florida Statutes. LONGITUDE 5URVEYOR5 LLC.,a Florida United Liability Compary Florida Cerdfi/ee of AuthorizationAu�thorization Number LB7335 By: Cam"/�'�' y/y� Date: Jos 5enas,PSM gistered Surveyor and Mapper L55935 tate of Florida ` ICE: of valid without the signature and origmal raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps by other than the signing Party are prohibited without the written consent of the sri party. NOTICE:This document Is not valid,full and complete without all pages. LONGITUDE suRVEYORs = 7715 NW 48TH STREET,SUITE 310,DORAL,FLORIDA 33166"PHONE:(305)463-0912"FAM305)513-5680 "WWW.LONGITUDESURVEYORS.COM J.\18035 Fraat Pork Duple.—212-216 NE 1 street,D"nl"B-1,.n.W.33004\Jwg\skettl�&Legal\IBW5 sL in-24-1-. 1/25�201e 4:20:30 PM EST JOB No.18035.0.00 PAGE 2 OF 2 5 of 3