HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-041Temp. Reso. #10652 1
February 23, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- 41
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT A BILL OF
SALE ABSOLUTE FROM NOB HILL LANDINGS, L.L.C., FOR
THE WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE
WESTWOOD APARTMENTS PROJECT, LOCATED ON THE
NORTH SIDE OF WESTWOOD DRIVE JUST EAST OF NOB
HILL ROAD, FOR CITY OWNERSHIP; AUTHORIZING AND
DIRECTING THE CITY CLERK TO RECORD SAID
DOCUMENT IN THE PUBLIC RECORDS OF BROWARD
COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Nob Hill Landings, L.L.C., has installed the Water Distribution and
Sewage Collection System Improvements in accordance with the approved Site Plan for
the Westwood Apartments Project, located on the north side of Westwood Drive just east
of Nob Hill Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Section 22-195(a) of City Code, requires Nob Hill Landings, L.L.C., to
transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and
Sewage Collection System Improvements installed for the Westwood Apartments Project;
and
Temp. Reso. #10652 2
February 23, 2005
WHEREAS, Nob Hill Landings, L.L.C., has offered a Bill of Sale Absolute to the City
of Tamarac for the Water Distribution and Sewage Collection System Improvements
installed for the Westwood Apartments Project; and
WHEREAS, the improvements were inspected, approved and are recommended for
acceptance by the Public Works Engineering Division; and
WHEREAS, Nob Hill Landings, L.L.C., will retain responsibility for maintenance of
the improvements until successful completion of the one-year warranty period; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Director of Utilities that the Bill of Sale Absolute be accepted forthe Westwood Apartments
Project Water Distribution and Sewage Collection System Improvements; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept a Bill of Sale
Absolute from Nob Hill Landings, L.L.C., for the Water Distribution and Sewage Collection
System Improvements installed for the Westwood Apartments Project.
Temp. Reso. #10652
February 23, 2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; THAT:
3
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.
SECTION 2: The appropriate City Officials are hereby authorized to accept a
Bill of Sale Absolute (a copy of which is attached hereto as "Exhibit 2") from Nob Hill
Landings, L.L.C., for the Westwood Apartments Project Water Distribution and Sewage
Collection System Improvements, located on the north side of Westwood Drive just east of
Nob Hill Road.
SECTION 3: The City Clerk is hereby authorized and directed to record said
document in the public records of Broward County.
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 byanycourtof competent jurisdiction to be unconstitutional orinvalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
SECTION 6:
passage and adoption.
Temp Reso. # 10652 4
February 23, 2005
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 23d day of March, 2005.
ATTEST:
MARION-SWtNSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHF-1-12S. KRAF
CITY ATTORIS V
JED/dm
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALAB
DIST 3: V/M. SULTANOF
DIST 4: COMM. ROBERTS
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Exhibit "2"
Temp. Reso. No. 10652
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
WATER DISTRIBUTION & SEWAGE COLLECTION SYSTEMS
FOR: Westwood Apartments
Project Name
KNOW ALL MEN BY THESE PRESENTS, that Nob Hill Landings, LLC
, a Delaware Corporation
whose address is C/O Styles Holdings, 3250 Ma[y Street, Suite #306 Coral Gables,
FI 33133 in the County of Dade- and State of Florida, Party of the first part, for
and in consideration of the sum of ten dollars ($1Q.00), lawful money of the United
States, to be paid by the CITY OF TAMARAC, a municipal corporation of the State of
Florida, 7525 Northwest 88 th Avenue, Tamarac, Florida, 33321, Party of the second
part, the receipt whereof is hereby acknowledged, has granted, bargained, sold,
transferred and delivered and by these presents does grant, bargain, sell, transfer and
deliver unto the said Party of the second part, its successors and assigns, the following
goods and chattels:
All of the Water Distribution and Sewage
Collection System Improvements; together
with all appurtenances attached thereto,
which lie within the Public Rights -of -Way or
within Utility easements provided for Same
in the Plat of Nob Hill/Westwood Plat
Recorded in Plat Book 144 , Page
3 — of the Public Records of
Broward County,
981218 1 Bill of Sale Absolute
All of the above further described in "As-
Builts" Plans for —Westwood Apartments
a copy of
which is on file with the City of Tamarac.
Prepared by: Miller Legg & Associates
Dated: May 15, 2003
TO HAVE AND TO HOLD the same unto the said party of the second part, its
successors and assigns forever.
The party of the First part does covenant to with the Party of the Second part, its
successors and assigns, that it is the lawful owner of the said goods and chattels; that
they are free from all encumbrances; that it has good right to sell the same aforesaid,
and t hat i t w ill warrant a nd d efend t he s ale o f t he s aid p roperty, g oods a nd c hattels
hereby made, unto the said Party of the Second part its successors and assigns against
the lawful claims and demands of all persons whomsoever.
981218 2 Bill of Sale Absolute
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
By: A,=
Type Name 3au� Q, S46ALU-41
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
SS
COUNTY OF
(GRANT )Nob Hill Landings, L.L.C.
By:
Type Nam e'—Prx -L-A
President
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared 3�)k to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that executed the same.
20 WITNESS my hand and official seal this day of
AROL OGDEN
MY COMMISSION # DD 142519
EXPIRES: OctoWr 11, 2W6
am*d Thm Nftry Public Unclem"Illm
X
-P� -
><"Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State-6f Florida
at Large
0
(Name of Notary P-�blic: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( )DID take an oath, or �X-DID NOTtake an oath.
981218 3 Bill of Sale Absolute