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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-061Temp. Reso. No. 12963 May 31, 2017 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2017 - L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CONSENT FOR THE TERMINATION OF THE EXISTING DECLARATION OF UNITY OF TITLE ATTACHED HERETO AS EXHIBIT "A", FOR THE PROPERTY DESCRIBED AS ALL OF PLAT A AND ALL OF PLAT B, WESTLAND PLAT, PLAT BOOK 172, PAGE 64, COMMONLY KNOWN AS UNIPLAZA SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF N.W. 61 STREET AND UNIVERSITY DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On November 13, 2006, the predecessor owner of the subject property entered into a certain Declaration of Unity of Title recorded in Official Records Book 43134, Page 1790, of the Public Records of Broward County, Florida.; and WHEREAS, On November 18, 2016, the current owner of the property, Uniplaza, LLC, entered into a certain Declaration of Unity of Control and Reciprocal Easements recorded in the Official Records Book of Broward County which supersedes the existing Unity of Title Document; and WHEREAS, the current recorded Unity of Control and Reciprocal Easements document ensures that the subject property will remain consistent with the originally approves site plan for the property; and WHEREAS, the Director of Community Development agrees that the termination of the existing Unity of Title is appropriate and recommends that the City Commission consent to the termination; and WHEREAS, the City Commission agrees to consent to the termination of the existing Unity of Title, attached hereto as Exhibit "A", which serves the best interest of the citizens and residents of the City. Temp. Reso. No. 12963 May 31, 2017 Page 2 of 3 NOW, THEREFORE, be it resolved by the City Commission of the City of Tamarac, Florida, that: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2. Consent to terminate the Declaration of Unity of Title, attached hereto as Exhibit "A" is hereby approved. SECTION 3. The appropriate City officials are hereby authorized to execute the Termination of Declaration of Unity of Title, a copy of said Termination is attached hereto as Exhibit "A". SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. u Temp. Reso. No. 12963 May 31, 2017 Page 3of3 SECTION 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, -�h FLORIDA THIS I H 'DAY OF , 2017. — jsa�� - HA RY SSLER, MAYOR ATTEST: PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: he':Ie SAKAUEL S. GOIEN, CITY ATTORNEY 1 MAYOR DRESSLER DIST 1: COMM BOLTON DIST 2: COMM GOMEZ DIST 3: COMM. FISHMAN DIST 4: V/M. PLACKO Return to: (enclose self-addressed stamped envelope) Name: Mark J. Lynn, Esq. Greenspoon Marder, P.A. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 This Instrument Prepared by: Mark J. Lynn, Esq. Greenspoon Marder, P.A. 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 TERMINATION OF DECLARATION OF UNITY OF TITLE WHEREAS, the undersigned is the owner of the property described as: All of Parcel "A" and all of Parcel "B", WESTLAND PLAT, according to the plat thereof, as recorded in Plat Book 172, Page 64 of the Public Records of Broward County, Florida. WHEREAS, the predecessor owner of the subject property entered into that certain Declaration of Unity of Title recorded November 17, 2006 in Official Records Book 43134, Page 1790, of the Public Records of Broward County, Florida (the "Declaration"). WHEREAS, the Owner, with the consent of the City of Tamarac, hereby terminates the above referenced Declaration and states the following: 1. The Declaration shall terminate upon the date this document is recorded and shall be null and void and of no further force and effect. 2. This termination applies to all real property subject to the Declaration hereinabove referenced. IN WITNESS WHEREOF, the Owner has hereunto set its hand and seal on the day of .2017. Signed, sealed and delivered In the presence of: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF ) UNIPLAZA, LLC, a Florida limited liability company am Manager The foregoing instrument was acknowledged before me by Manager of UNIPLAZA, LLC, a Florida limited liability company, freely and voluntarily under authority duly vested in him by said company. He is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 12017. My commission expires: Termination of Unity of Title:30558359_1 Print Name. APPROVED BY CITY OF TAMARAC: i Pr' t Name: u 1-1 Print Name: STATE OF FLORIDA COUNTY OF CITY OF TAMARAC, a Florida municipal corporation By: _ Nam H qr ru 1bress(e Y Title: M c•.0 'or The foregoing instrument was acknowledged before me by "0'-'X-X-LA -Q SS�e-1; of City of Tamarac, a Florida municipal corporation, freely and voluntarily un er authors u y vested m him by said company. He is personally known to me or has produced as identification. WITNESS my hand and official seal this �S� day of (� (� , 2017. My commission expires: I al I a Print Name: \.;-,\\-, c-v-\ -'i'ab O APPROVED AS TO FORM AN EGAL SUFFICIENCY: LILt iAN PABOV Commission # FF 942161 Expires December 12, 2019 ry rZ iw. `eadwTftTMYPak howw"a 03 sn" Attorney, City of Tamarac Termination of Unity of Title:30558359_I