HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-128 Temp. Reso. # TR# 13371
November 13, 2019
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CITY OF TAMARAC,FLORIDA{/
RESOLUTION NO. R-2019- /0-0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, FINDING PUBLIC PURPOSE AND NECESSITY TO
ACQUIRE FEE SIMPLE TITLE TO CERTAIN PARCELS OF REAL
PROPERTY OWNED BY ADINA COSMETICS, INC. ("ADINA
COSMETICS"), AND PARASTOO SANJARI AND SOHRAB SANJARI
("SANJARI") RESPECTIVELY, LOCATED AT THE SOUTHWEST
QUANDRANT OF NW 53RD STREET AND PROSPECT ROAD, CITY OF
TAMARAC AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A
AND EXHIBIT B RESPECTIVELY ATTACHED HERETO, AND A
FACSIMILE COPY OF WHICH CAN BE INSPECTED AT THE OFFICE OF
THE CITY CLERK, FOR THE REDEVELOPMENT AND USE AS PUBLIC
PARKS, RECREATIONAL FACILITIES, PARKING AND/OR OPEN SPACE;
AUTHORIZING THE CITY ATTORNEY TO ACQUIRE SAID PARCELS
THROUGH EXERCISE OF THE CITY'S EMINENT DOMAIN AUTHORITY,
PURSUANT TO SECTIONS 166.401 AND 166.411, FLORIDA STATUTES;
PROVIDING CITY MANAGER AND CITY ATTORNEY WITH THE
AUTHORITY TO RETAIN OUTSIDE EMINENT DOMAIN COUNSEL, AND
SUCH OTHER PROFESSIONAL CONSULTANTS; AND TO DO ALL
THINGS PERTINENT TO EFFECTUATING THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City"), has undertaken an assessment of its public
park facilities and developed a Master Parks Plan;
WHEREAS, the objective of the Master Parks Plan is to enhance all the public parks in
the City by providing more amenities for the use of City residents and visitors;
WHEREAS, the City has considered studies, which have shown that access to public
parks, recreational facilities, parking and opens space aids in the control of obesity, diminishes
the risk of disease and increases the life expectancy of the men, women and children who are
residents of the City;
WHEREAS, public municipal parks, recreational facilities, parking and opens space also
• provide building and strengthening community ties as well as fostering cohesive relationship
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Temp. Reso. #TR# 13371
November 13,2019
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among the City's diverse populations;
WHEREAS, the City has alternatively studied and considered the public health and
safety benefits and also performed an analysis of off-sites community busing or other
transportation initiatives, as well as the costs to acquire certain other sites and retrofitting or
filling in existing public infrastructure, ponds, lakes and or drainage systems as a means to (a)
realize greater municipal operational efficiencies due to the shared uses; (b) generate savings on
the design and construction costs, and (c) produce more energy efficiencies and no negative
environmental liabilities or impacts associated with the land acquisition and parks and
recreational facilities expansion project development in the eastern residential neighborhoods of
the City;
WHEREAS, on November 13, 2019 the City Commission considered and voted its
•approval of City's Staff's recommendation for certain public infrastructure improvements and
expansion objectives for the City's existing public parks, recreational facilities, pubic park and
opens spaces in the eastern residential neighborhoods;
WHEREAS,the City Commission further authorized the City Manager and City Attorney
to pursue the voluntary acquisition of the three privately owned abutting parcels of land located
at the southwest corner of NW 53rd Street and Prospect Road for the public purpose of providing
the additional public parking supply necessary to accommodate certain public infrastructure
improvements and expansion objectives for the City's existing public parks, recreational
facilities and opens spaces in the City's eastern residential neighborhoods;
WHEREAS, the City Commission finds that the land parcels owned by Adina Cosmetics
and Sanjari, further described by the Broward County Property Appraiser Folio numbers 49-42-
17-00-0054, 49-42-17-00-0052, and 49-42-17-00-0053, respectively are necessary for use as
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additional public parking to accommodate certain public infrastructure improvements and
expansion objectives for the City's existing public parks, recreational facilities and opens spaces
in the City's eastern residential neighborhoods; and further finds that the acquisition of the fee
simple interest in the land parcels owned by Adina Cosmetics and Sanjari serves a valid
municipal purpose, that is, for additional parking needed for the proper and efficient carrying
into effect of the City's proposed expansion of its parks, recreational facilities, and open space in
the eastern neighborhood of the City, and such other attendant other public improvements
deemed necessary or expedient for the preservation of the public health, or for other good reason
connected in anywise with the public welfare or the interests of the municipality and the people
thereof;
WHEREAS,the City has caused each of the land parcels owned by Adina Cosmetics and
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Sanjari, to be surveyed and appraised by a State certified real estate appraiser to establish an
opinion as to the respective fair market and good faith estimate of the value of said parcels;
WHEREAS, the City Commission has carefully considered numerous other factors
relevant to necessity of acquiring the land parcels owned by Adina Cosmetics and Sanjari,
including, without limit: (a) the absence of other available alternative site(s), (b) the costs of the
public project, (c) relevant environmental factors and mitigation, and(d)public health and safety
considerations; and
WHEREAS, the City Commission has located its line and area of development and use
for said parcels and intends in good faith to carry the City's proposed expansion of its parks,
recreational facilities, and open space and other attendant other public improvements into effect
as deemed necessary or expedient for the preservation of the public health, or for other good
reason connected in anywise with the public welfare or the interests of the municipality and the
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people thereof.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF TAMARAC,FLORIDA,AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are true and correct and are incorporated
herein by reference.
SECTION 2. FINDING OF PUBLIC PURPOSE AND NECESSITY. The City
Commission of the City of Tamarac hereby declares that it is necessary to acquire, by negotiated
conveyance or acquisition via the City's statutory condemnation powers, the fee simple title and
interest to the land parcel owned by ADINA COSMETICS, INC., legally described herein as
Exhibit A, and further to the land parcels owned by PARASTOO SANJARI AND SOHRAB
SANJARI, legally described herein as Exhibit B, for the City's proposed expansion of its public
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parking necessary to accommodate an expansion of its parks, recreational facilities and open
space in the City's eastern neighborhoods and such other attendant other public improvements as
deemed necessary or expedient for the preservation of the public health, or for other good reason
connected in anywise with the public welfare or the interests of the municipality and the people
thereof.
SECTION 3. AUTHORIZATION: The City Commission of the City of Tamarac hereby
authorizes the acquisition of the fee simple title and interest in the land parcel owned by ADINA
COSMETICS, INC., legally described herein as Exhibit A, by gift or purchase in accordance
with Chapter 166, et seq., Florida Statutes, the Municipal Home Rule Powers Act or pursuant to
the City's eminent domain authority under Chapter 166 and Chapters 73 and 74, F.S. (2019).
The City Commission of the City of Tamarac further authorizes the acquisition of the fee simple
title and interest in the land parcels owned by PARASTOO SANJARI AND SOHRAB 411
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SANJARI, legally described herein as Exhibit B,by gift or purchase in accordance with Chapter
166, et seq., Florida Statutes, the Municipal Home Rule Powers Act or pursuant to the City's
eminent domain authority, under Chapter 166 and Chapters 73 and 74, F.S. (2019).
SECTION 4. AUTHORIZATION. The City Manager and City Attorney and all others
acting on their behalf are authorized to contract with real estate appraisers, engineers, title
examiners, legal counsel and other consultants in connection with the acquisition and
conveyance of the land parcels respectively owned by ADINA COSMETICS, INC., and
PARASTOO SANJARI AND SOHRAB SANJARI by and to the City and to do all things
necessary to effectuate this Resolution including the instituting of eminent domain proceedings
under Chapters 73 and 74,Florida Statutes.
SECTION 5. SEVERABILITY. If any section, subsection, clause or portion of this
IPResolution is, of any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed separate, distinct, provision and such holding shall not
affect the validity of the Resolution of any part.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective
immediately upon adoption.
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PASSED AND ADOPTED BY THE CITY CO SSION OF THE CITY OF
TAMARAC,FLORIDA,THIS /3 DAY OF ,2019.
CITY OF TAMARAC FLORIDA
LLE J. GO Z, YOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN �
DIST 4: VIM. PLACKO
ATTEST:
LILLIAN PABON,ACTING CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
' i/)i)4
UEL S. GO ,
CITY ATTO
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(00337804.1 270494994981
S
EXHIBIT A
Folio No.: 494217000054
Contatiss at the Northam comer of the Southwest owe-quarter (SW 111) of the Northeast one-
qurt r(NE 114)of Seals. 17,Temt $Seek Ruse 42 Lost threw Soatherty along the Fast
line of said Soonest one•gasrter (SW 114) of tee Nortbe.ost sue-guarter (NE 1/4), a distance of
S1.M(set bate Westerly parallel to the North Not of the said Swtltteest otte oner(SW 1/4)of
the Northeast ose-quarter(NI 114)of Sadie 11,s datuce of 2NLM fat to the Mist si Dginoiag;
thence costbsiss Westerly along the b>it deecrlbod nurse,a Wins of 125.119 feet to the Northeast
wow of TAMARAC LAKES NORTH, searing b the Plat flawed, recorded b Plat Book 41,
Page 7,of the PubIc Records of Browsed Couty, Asrida; than Southerly perpeodicabr to the
last described curt, a dYstaae of 111.10 feet thence Sostieasoerty auk aft lechedod smile of
135'15'31",a distuce of 11.51 feet;tbeuee Easterly pullet to qte sold North he of the Southwest
eso.gsorter(SW 114) of at Northeast use-qurter(NI 114), making u ladeded dlle of 134'44'
30",a dkriarx of i1.til feet; drew Northerly perpasdialur to the last deaerlbed conk a dance
of 175.00 feet to the hist of Wishs. Said lands situte, lying and being Is Dressed C000ty,
• Raids.
Parcel ldestifiestiou Neither 4942 17 00 0054
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FTLDOCS 7811237 1 50142.0001
EXHIBIT B •
Folio No.: 494217000052
Commencing at the Northeast corner of the SW 1/4 of the NE 1/4 of Section 17, Township 49
South, Range 42 bast, thence Southerly along the Fast line of said SW 1/4 of the NE 1/4, a
distance of S0 feet to a point;thence Westerly, parallel with the North line of said SW 1/4 of the
NE 1/4 a rtict nca of 50 feet to the Point of ..• ning;thence c:ontinu .; Westerly along the last
described course, a distance of 275.09 feet to a point, " point being also dccrthed as the
Northeast corner of TAMARAC LAKES NORTH, as recorded in Plat Rook 61, Page 7 of the
PuhIic Records of Broward County, Florida; thence Southerly along the East line of said
TAMARAC LAKES NORTH, a dugs'..of 110 feet to a point;heirs; `.. 4. �: ,making an
included angle of 135 degrees 15 minutes 30 seconds a distance of 91.51 feet to a point;thence
parallel with the North line of said SW 1/4 of the NE 1/4, a distance of 210 feet to a
point on the West Right-of-Way fine of PROSPECT ROAD thence Northerly : .�.�r said Wet
Right-of-Way line of PROSPECT ROAD,a distance of 175 feet to the Point of Be ri, ' ,;.Less
and Exc+ept:Commencing at the • =: t corner of the Southwest one-quarter (SW 1/4) of the
Northeast one-quarter (NEI/4) of Section 17, Township 49 South, Range 42 East thence
Southerly along the East line of said Southwest one-quarter (SW1/4) of the Northeast one-
quarter(NE1/4) a distance of 50 feet to a point;thence W rly,parallel with the North line of
said Southwest one-quarter (SW 1/4) of the Northeast one-quarter (NE 1/4) a distance of 50 fleet
to the point of beginning; thence continuing Westerly along the last described course, a distance
of 150.00 feet thence Southeasterly making an included angle of 72 degrees 03 minutes 42
seconds a distance of 78.83 feet;thence Southerly , +,i an included angle of 197 degrees 56
minutes 111 seconds a distance of 100.00 feet; thence Easterly making an included angle of 90 •
degrees 00 minutes 00 seconds a distance of 125.00 feet;to a point on the West right of way line
of Prospect Road; thence Northerly along the said West right of way line of Prospect Road
making an included angle of 90 w 4 14 minutes 07 seconds a distance of 175.00 feet to the
point of • ;+ _And also Less and Except:Cammencing at the Northeast corner of the
Southwest one-quarter (SW 1/4)of the Northeast one-quarter (N 1/4) of Section 17, Township
49 South, Range 42 East; thence Southerly along the East line, of said Southwest one-quarter
(SW 114)of the Northeast one-quarter(NE 1/4)a distance of 50.00 feet thence Westerly parallel
to the North line of the saki So a .tea: one-quarter (SW 1/4) of the No . .• .`• one-quarter (NE
1/4) of Section 17, a distance of 20,0,00 feet to the Point of Beginning; thence continuing
Westerly along the last described course, a distance of 125.09 feet to the Northeast earner of
TAMARAC LAKES NORTH, according to the Plat thereof recorded in Plat Book 61,Page 7,
of the Public Records of Broward County, Florida; thence Southerly + lar to th last
a . course, a distance of 110.00 feet;thence Southeasterly making an included of 135
degrees 15 minutes 30 seconds, a distance of 91.51 feet;thence'I cterly parallel to the said North
line of the Southwest one-quarter (SW 1/4) of the Northca.',t onc-quarter (NW 1/4), making in
included angle of 1.34 degrees 44 minutes 30 seconds, a • ,, .r►ce of 60.68 feet; thence Northerly
'. to the last described course, a distance of 175.00 feet to the Point of Beguming.
Said lands situate,lying and WI in Broward County,Florida.
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FTLDOCS 7811262 1 50142.0001
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Folio No.: 494217000053
`u,11§k 11I 17, #'1#49 .:1 Y113 r*' i•'t., •� ,1 f,n t. a.,t 11F•+[it' .. i•� ':. ;:k? � +�
.4 01130
tisoistin
} thei 1t : , .��: ,pia' �; _� 1. .c 4 §t§�93 lit• s: aata,.". -,��x • :„4-
rk.. , i : . `. �� 84314 a I '11 �! 91a .cladeda 72 1 .I•"Sttif.c42
stank a ' _ at '_
stconds 8,fri8t8IILV Of 1.0014 ke4.,a =,�, ,' ,,, ;; , • : , ef 90 tt 00 minutes0
seconds a distatoto 12 .00 toa,1 , - M.,-rtE:the
�ry
sue' .'• • 5 e'- to *li.I. I&
1111
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FTLDOCS 7811262 1 50142.0001