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RESOLUTION 22-3290 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, APPROVING AN ENCROACHMENT <br />AGREEMENT WITH CFT NV DEVELOPMENTS, LLC; PROVIDING FOR <br />CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. <br />WHEREAS, CFT NV Developments, LLC, is the Owner of 1391 SR 436, the future site <br />of Casselberry Center; and <br />WHEREAS, Casselberry Center Phase 2 (Lot 3), the future site of Panda Express, <br />received site plan approval from the Planning and Zoning Commission on December 8, 2021; and <br />WHEREAS, the site plan was approved with the condition that an encroachment <br />agreement would be executed to allow for the drive-thru to be developed within the existing utility <br />easement containing a City -owned gravity sewer line; and <br />WHEREAS, the agreement authorizes and allows the Owner's driveway and curbing to <br />encroach into the City's Easement and ensures that the existing gravity sewer main located within <br />the easement is protected; and <br />WHEREAS, City staff have reviewed the encroachment agreement and have found it <br />favorable to meet the needs of the City. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION I. The City Commission of the City of Casselberry hereby approves the <br />Encroachment Agreement with CFT NV Developments, LLC for the property located at 1391 SR <br />436, attached herewith, and authorizes the Mayor to execute said document on behalf of the City. <br />SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the <br />provisions of this Resolution are hereby repealed. <br />SECTION III. Severability. If any Section or portion of a Section of this Resolution <br />proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the <br />validity, force, or effect of any other Section or part of this Resolution. <br />SECTION IV. Effective Date. This Resolution shall become effective immediately upon <br />its passage and adoption. <br />PASSED and ADOPTED this104-0 <br />day of �� , AD 2022. <br />ATTEST: <br />