HomeMy WebLinkAboutR-2025-120 Subordination of Franmar Properties Easement (Broward County) 1 RESOLUTION #2025-120
RESOLUTION NO. 2025-120
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SUBORDINATION AGREEMENT OF THE CITY’S UTILITY EASEMENT ON SW 42nd STREET, IN FAVOR OF BROWARD COUNTY
DUE TO THE DEVELOPMENT BY FRANMAR PROPERTIES OF SOUTH
FLORIDA, LLC., A FLORIDA LIMITED LIABILITY COMPANY, AT THE PROPERTY KNOWN AS 2180 SW 42ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Florida Statute Section 171.044, the City adopted ordinance
2022-005, on January 11, 2022, to start the process to voluntarily annex 22,425 square feet, located
between Anglers Avenue also known as Ravenswood Road and SW 22nd Avenue, SW 42nd Street,
and SW 39th Street, bearing the address of 2180 SW 42nd, (herein after “the Property”), which real
property is owned by Franmar Properties of South Florida, Inc., a Florida Limited Liability
Company; and
WHEREAS, the Broward Legislative Delegation of the Florida Legislature authorized the
annexation of the Property into the City of Dania Beach, effective September 15, 2023; and
WHEREAS, thereafter, on July 19, 2023, the City Commission approved Resolution
2023-163, which approved the site plan and variance requests of Franmar Properties of South
Florida, LLC. to develop a bus depot at the Property; and
WHEREAS, as part of the final review process for the applicant to build out the project
on the Property Broward County determined that there is a City utility easement (four foot area)
in the right-of-way outside of the Property, along SW 42nd Street, which utility easement is
recorded in Plat Book 30, Page 31, of the Public Records of Broward County, Florida, as more
particularly described in Exhibit A, attached and incorporated by reference into this Resolution, is
needed for public transportation purposes; and
WHEREAS, the City is agreeing to suborn its interest in the easement area so that the
Property may be developed as per Resolution 2023-167; and
WHEREAS, the City advised FPL, which is the only public utility within the area of the
subordination request and FPL has taken no action on this issue despite over 60 day notice of the
request; and
WHEREAS, for Franmar Properties of South Florida, LLC., to proceed with its
development the County requires the City to execute the Subordination Agreement, which
agreement is attached as Exhibit B, and is incorporated by reference into this Resolution; and
WHEREAS, the City Commission finds that the approval the subordination request should
be approved.
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 confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That the proper city officials to execute the subordination agreement and
submit same to Broward County.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall take effect ten (10) days after passage and
adoption.
PASSED AND ADOPTED on August 26, 2025.
Motion by Commissioner Lewellen second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
SIGNATURES ON THE FOLLOWING PAGE
3 RESOLUTION #2025-120
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE BOUTSIS CITY ATTORNEY
EXHIBIT “A”
5 RESOLUTION #2025-120
EXHIBIT “B”
SUBORDINATION AGREEMENT
Return to:
Highway Construction & Engineering Division 1 N University Drive, Suite 300 Plantation, Florida 33324-2038 Prepared by: Reno V. Pierre Assistant County Attorney 115 South Andrews Avenue, Room 423 Fort Lauderdale, Florida 33301 Folio/Parcel ID #: _______________
SUBORDINATION AGREEMENT
This SUBORDINATION AGREEMENT made this __ day of ______, 2025 by City of Dania Beach, a Florida Municipal Corporation, whose address is 100 East Dania Beach Blvd., Dania Beach, FL 33004 (“Owner”), and BROWARD COUNTY, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, Fort
Lauderdale, Florida 33301 (“County”). Owner and County are hereinafter referred to
collectively as the “Parties,” and individually referred to as a “Party.” RECITALS
A. Owner is the holder of a certain four (4) foot utility easement (“Easement”),
recorded in Plat Book 30, Page 31, of the Public Records of Broward County, Florida, as more particularly described in Exhibit A attached hereto and made a part hereof.
B. A portion of the land encumbered by said Easement is required by the County for
public transportation purposes. Now, therefore, for and in consideration of the mutual terms and conditions contained herein, the sum of one dollar ($1.00), and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. The recitals set forth above are true and accurate, and fully incorporated by this reference herein.
2. Owner hereby agrees, covenants, and consents with County that the
aforementioned Easement are and shall continue to be subject and subordinate to the property rights of County insofar as said Easement affects a certain real property located in Dania Beach, Florida, as more particularly described in Exhibit B, attached hereto and made part hereof.
3. This Subordination Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto.
7 RESOLUTION #2025-120
IN WITNESS WHEREOF, the undersigned below has made and executed this Subordination Agreement on the respective date under its signature and certifies that
he/she has the authority to execute this Subordination Agreement.
OWNER WITNESSES:
_________________________
Signature of Witness 1
_________________________
Print Name of Witness 1
_________________________
Witness 1 (Address)
_________________________
Signature of Witness 2
_________________________
Print Name of Witness 2
_________________________
Witness 2 (Address)
By: _______________________________ Print Name: ________________________ Title: _____________________________ _____ day of _________________, 20__
ACKNOWLEDGEMENT STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization this ______day of ______________, 20__, by _______________________, as _____________ of __________________________, a _________________, [ ] who is personally known to me or [ ] who has produced _______________ as identification. (SEAL) ______________________________________
Signature: Notary Public, State of Florida ______________________________________
Name of Notary Typed, Printed or Stamped
EXHIBIT A EASEMENT
The east 4’ of Lot 6, Block 1, Ravenswood Park, according to the plat thereof, as
recorded in Plat Book 30, Page 31, of the public records of Broward County, Florida.
EXHIBIT B DESCRIPTION OF PROPERTY
9 RESOLUTION #2025-120