The URL can be used to link to this page

Home My WebLink AboutR-2018-075 Accepting A Conveyance Of Utility Improvements Known As ''Dania Pointe Lift Station NO.1'' By Means Of A Quit Claim Deed & Absolute Bill Of Sale From Dania Live 1748, LLC RESOLUTION NO. 2018-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A CONVEYANCE OF UTILITY IMPROVEMENTS KNOWN AS "DANIA POINTE LIFT STATION NO. 1" BY MEANS OF A QUIT CLAIM DEED AND ABSOLUTE BILL OF SALE, FROM DANIA LIVE 1748, LLC, A DELAWARE LIMITED LIABLITY COMPANY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dania Live 1748, LLC, ("Dania Live") owns and operates certain utility improvements within the area of the Dania Pointe Project, known as the Dania Pointe Lift Station No. 1 (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" (the "Serviced Properties"); and WHEREAS, the City has determined that it is in the best interest of its citizens and residents 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 Dania Live will enter into an Agreement to Convey the Sewer Lift Station, pursuant to which Dania Live 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, Dania Live will grant such necessary access easements to the City through its property connecting the Lift Station and Facilities to the wastewater facilities of the Serviced 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 referred to below, the City will provide access and connection to the Serviced Properties for transmission of wastewater through the Facilities and Lift Station; 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 ownership of the Lift Station, by means of a Quit Claim Deed and Absolute Bill of Sale for all Facilities associated with the Lift Station, to be conveyed to the City by Dania Live 1748, 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 Dania Live 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. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 12, 2018. ATTEST: AB -, t� -- --" THOMAS SCHNEIDER, CMC • TAMARA JA S CITY CLERK to. �,► MAYOR APPROVED AS TO F AND CORRECTNESS: 41, � 4— THOMAA J. A RO CITY ATTORN 2 RESOLUTION 42018-075 EXHIBIT "A" SKETCH DESCRIPTION-LIFT STATION EASEMENT DANIA POINTE LIFT STATION I CITY OF DANIA BEACH 3 RESOLUTION#2018-075 all0 3 �, o TI I-I TY — i I ---- EASEMENT #4 EXI I e I STNG 'ie - UTILITY i�: i sI ;$ it al �i S Q� .1 i - p fil 1 EASEMENT I I i• , — �Ha — II, I�I 16�,i I :tla O 1 I I IN 1,• S UTILITY t ItL ry1 �I�r r. _ m UTILITY _ EASEMENT 3 A EASEMENT #3 # --- IJ ..LIFT STATION— EASEMENT I " 's 1 �` / ♦ ,'I, � �� \\� J� -- h�r3(inkR��,{y e e�,;,��,� 'y � 'II e I f off ' - r �d ( :• >> e �'� l t I, 9? I UTILITY f , �. -_- 4 i ! ' • z — l. `; 1 r �r � / �'" � 3 !EASEMENT #2 4 Li r e"/ \•w..ror t C •:�—�� - _:I-1 N" n ,1` _ v r li y' ' ._ -- :i �'� '1 •I�I- �� .a- - . A k 4 i'I Al�T U,i I° ✓d ti 1 ' ' TILITYII I'll EASEMENT 0 I � Y I 77 R SNEET IBI` Kimley>>)Horn DANIA POINTE—PHASE I EASEMENT KEY MAP EXH Prepared By: . Mark J.Lynn,Esq. Greenspoon Marder LLP 200 East Broward Blvd, Suite 1800 Ft.Lauderdale,FL 33301 Property Appraiser's Parcel Identifying No.: QUIT CLAIM DEED This Quit Claim Deed is made this day of , 2018, between DANIA LIVE 1748, LLC, a Delaware limited liability company, whose address is 3333 New Hyde Park Road, Suite 100, New Hyde Park, NY 11042, hereinafter called the "Grantor", and CITY OF DANIA. BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida, which as a post office address of 100 W. Dania Beach Boulevard, Dania Beach,.FL 33004, 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. 1 32947.001.3 34665182.1 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 DANIA LIVE 1749,LLC,a Delaware limited in our presence: liability company By: Dania Live N,LLC,a Delaware limited Liability company,its manager By: Kim Dania Manager,LLC,a Delaware limited liability company,its manager By: Kimco PL Retail,Inc.,a Delaware co rr sole member Name: int Title: Vle'e Name: {type or 7-116 STATE OF :(12L( COUNTY Of t��r T1W FOREGOING 1N§TRUr4ENT WAS ACKNOWLEDGED before me this day of , I -il -120I8,bAkLML&,asVS of KIMCO PL RETAIL, INC., a Delaware corpo on, as sole member of KIM DANIA MANAGER, LLC, a Delaware limited liability company,as manager of DANIA LIVE JV,LLC, a Delaware limited liability company, as manager of DANIA LIVE 1748, LLC, a Delaware limited liability company, freely and voluntarily under authority duly vested in him by said company who is me V personally known or produced identification. Type of identification produced- ")ROV- Name: 135:3222 ] MACEM10 Notary Public NOWYKA*-St'veof Roma My Commission Expires.-6 om"ftsion a GG 135322'g J'i 021 1 My(om.E*reSA"1&2021 Commission No.: 2 32947.0013 34666182.1 EXHIBIT «A„ 3 32947.0013 34665182.1 STONER A ASSOCIATES, INC. SURVEYORS=MAPPERS 4341 S.W. 62nd Avenue F/odda Licensed Survey Tel. (954) 586"0997 Davie, Florida 33314 and 44apping Business No.8688 Fax (954) 585-3927 EXHIBIT'A" LEGAL DESCRIPTION OF LIFT STATION EASEMENT CITY OF OANIA BEACH,BROWARD COUNTY,FLORIDA LEGAL DESCRIPTION: A LIFT STATION EASEMENT BEING A PORTION OF PARCEL A.DANIA POINTE.ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 09,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID PARCEL A; THENCE N. WOT17"E.A DISTANCE OF 42.84 FEET; THENCE N.01'29'36"W.A DISTANCE OF 172AS FEET; THENCE N.00'15'05"W.A DISTANCE OF 46.13 FEET; THENCE N.01'29'36'W.A DISTANCE OF 360.33:FEET,LAST MENTIONED 4 COURSES BEING COINCIDFw WITH THE EAST LINE OF SAID PARCEL A; THENCE S.87'27'12'W.A DISTANCE OF 10.27 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S.87'27'12'W.A DISTANCE OF 40,00 FEET; THENCE N.02.3248'W,A DISTANCE OF 60.00 FEET; THENCE N.87'27'I2'E.A DISTANCE OF 40.00 FEET; THENCE 8.02.32'48"E.A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT SITUATE AND BEING WITHIN THE CITY OF DANIA.BEACH,BROWARD COUNTY,FLORIDA AND CONTAINING 2,400 SQUARE FEET,MORE OR LESS. NOTES: 1.THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY.EASEMENTS OR OTHER MATTERS OF RECORD. 2.THIS SKETCH AND DESCRIPTION IS"NOT VALID'WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLOFUDA LICENSED SURVEYOR AND MAPPER. 3:THE BEARINGS SHOWN HEREON ARE BASED ON N.87.34'11'E,ALONG THE SOUTH LINE OF PARCEL A,AS RECORDED ON THE PLAT OF DANIA POINTE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 183 PAGES 91 THRU 99,OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA, 4.THIS SKETCH DOES NOT REPRESENT FIELD SURVEY (THIS IS NOT SURVEY). 5.THIS SKETCH OF DESCRIPTION WAS PREPARED BY THIS.FIRM WITHOUT THE BENEFIT OFA TITLE SEARCH.THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER 8.ASSOCIATES,INC. 6,SEE SHEET 2 OF 2 FORA GRAPHIC DEPICTION(SKETCH)OF THE PROPERTY DESCRIBED HEREON. FM DWO ftkb IFT STAIN Fil18M CERTIFICATE: THIS ISTO CERTIFY THATTHE SKETCH AND LEGN DESCRIPTION SHOWN HEREON IS ACCURATE AND CORRECT TO THE BEST OF MY KNOW EDGE AND BB.. R i FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRSTON MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SEAL F SURVEYORS AND MAPPERS IN CHAPTER S1-m FLORIDAAOApN1SmmE CODE.PURSUANT TO SECTION 4n cT.FLomASTATTnES. SEAL I BY oAlE: Dec 18, 2017 NOT VAUD UNLESS J RICHARD G. CRAWFORD Jr. SEALED HERE WITH AN EMBOSSED o 2 PROFESSIONAL.SURVEYOR AND MAPPER NO. 5371 - STATE OF FLOIWA SURVEYOR'S SEAL Z THEMATERIAL SHOWN HEREON IS THE PROPERTY OF STONER 8 ASSOCIATES.INC.AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART DATE OF SKErCH.TN=WF7_ CHECKED BY FIELD BOOK Rt PYra PBRMIssIONOFSTONER3ASSOCIATES.MC. 12/18/17 ORL RGC N/A SHEET 1 OF 2 •' ABSOLUTE BWL OF SALE FOP,TEN DOLLARS($10) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, DANIA LIVE 1748, LLC, a Delaware limited liability company grants, bargains, sells, triuis&rs and delivers to the CITY OF DANIA BEACH, a Florida mouldpal corporation organized and existing under the laws of the State of Florida rRayee),the following property(the"Pmpeny"), to have and to hold forever. ALL EXISTING COMPONENTS OF LtFT STATION#1,LOCATED IN THE CITY OF DANIA REACH,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 tight and power to sell the Property; (c)the Property is free and clear of all lien and encumbrances of any kind,and(d)Seiler will defend the sale of the Property to Buyer hereunder agaiiist the lawful claims and demands ofall persons. Signed,sealed,and delivered DANIA LIVE 1749,LLC,a Delaware limited liability in out presencw. company By: Dania Live JV,LLC,a Delaware limited Liability company,its manager By: Kim Dania Manager,LLC,a Delaware limited liability company,its manager By: Kimoo PL gmil,Inc.,a Delaware corporatim,its sole rimn Name-.-- Awl Name: 4MWIS' Title: Nam (type or prin STATE OF COUNTY OF, FO TIM 21DI 8 INSTRVMENT WAS ACKNOWLEDGED before me thiu;R day of by )o4bVIIS asffiF_� of KIMCO PL RETAIL, INC., a Delaware corporation, sole member of 1CIM DAtJIA MANAGER, LLC,a Delaware limited liability company, as manager of DANIA LIVE JV,LLC,a Delaware limited liability company,as manager of DANIA LIVE 1749,LLC,a Delaware limited liability company, freely and voluntarily under authority duly vested in him by said company who is me personally known or produced identification. Type of ideoulfi=tj0 duce'd JUUACBV= Notary Public MyComftExpimAnI6,2021 My Commission Expires'—A),,(to Commission No.. 32947,0013 34665281,1