HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-092Temp. Reso. #10665 1
March 1, 2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-9;2,
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 WEST POINTE LAND, L.L.C., FOR
THE WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE STATE
STREET PROJECT, LOCATED NORTH OF COMMERCIAL
BOULEVARD BETWEEN NOB HILL ROAD AND HIATUS
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, West Pointe Land, L.L.C., has installed the Water Distribution and
Sewage Collection System Improvements in accordance with the approved Site Plan for
the State Street Project, located north of Commercial Boulevard between Nob Hill Road
and Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1 "); and
WHEREAS, Section 22-195(a) of City Code, requires West Pointe Land, 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 State Street Project; and
Temp. Reso. #10665 2
March 1, 2005
WHEREAS, West Pointe Land, 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 State Street Project; and
WHEREAS, the improvements were inspected, approved and are recommended for
acceptance by the Public Works Engineering Division; and
WHEREAS, West Pointe Land, 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 for the State Street 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 West Pointe Land, L.L.C., for the Water Distribution and Sewage Collection
System Improvements installed for the State Street Project.
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11
Temp. Reso. #10665 3
March 1, 2005
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.
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 West Pointe
Land, L.L.C., for the State Street Project Water Distribution and Sewage Collection System
Improvements, located north of Commercial Boulevard between Nob Hill Road and Hiatus
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 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.
SECTION 6:
passage and adoption.
Temp. Reso. #10665 4
March 1, 2005
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this aS- day of , 2005.
ATTEST:
ALL'L A-SI r I I
MARION SWENSON, CM
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
` SAMU L S. GOREN
.. INTERIM CITY ATTORNEY
JED/DM
r r
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION YOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS N-
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Temp. Reso. No. 10665
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EXHIBIT 9
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Exhibit "2"
Temp. Reso. No. 10665
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
WATER & SEWAGE COLLECTION SYSTEMS
FOR: STATE STREET (Nob Hill Road to Hiatus Road)
Project Name
KNOW ALL MEN BY THESE PRESENTS, that _ West Pointe Land, L.L.C., a
Delaware Limited Liability Company whose address is 200 West Madison Street,
81h Floor, Chicago, IL 60606, in the County of Cook and State of Illinois, Party of the
first part, for and in consideration of the sum of ten dollars ($10.001, lawful money of the
United States, to be paid by the CITY OF TAMARAC, a municipal corporation of the
State of Florida, 7525 Northwest 88th 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 Westpoint Section 7 Plat as
Recorded in Plat Book 162, Page 23 of the
Public Records of Broward County.
981218 1 Sill of Sale Absolute
All of the above further described in "As-
Builts" Plans for State Street (Nob Hill
Road to Hiatus Road), a copy of which is
on file with the City of Tamarac.
Prepared by: Stoner & Associates, Inc.
Dated: 1-29-04
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 that it will warrant and defend the sale of the said property, goods and chattels
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.
r
Witness
Type Name
�l
It SS
Type Name je-nn i� ft rA MQ0
(GRANTOR)
West Pointe Land, L.L.C., a Delaware
limited liability company
0&
Name: Robbin Cohen
Title: Vice President
Name: Kevin D. Lynch
Title: Vice President
981218 3 Bill of Sale Absolute
STATE OF ILLINOIS
: SS
COUNTY OF COOK
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
Kle n the State aforesaid ,and in the County aforesaid to take acknowledgments, personally
"Q. 1yru1� appeared 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.
WITNESS my hand and official seal this 22nd day of June 2004.
R
CIAL SEALIE A. RODRIGUEZIC, STATE OF ILLINOISION EXPIRES 2 5 2D05
(?< Personally known to me, or
( ) Produced Identification
�•�4� rig � � � � ♦� �_ �' rah
NOTARY PUBLIC, State of •i j
at .-
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTOR)
By: By: '41A
Type Name i In Type Name R0166 i ,n OA e,y�.
Corporate gecretmr \(ice T1 fP,v j;c& President
(Corporate Seal)
981218 4 Bill of Sale Absolute
STATE OF FEt"TrD7C'
: SS
COUNTY OF Cod(,
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 _.'Zob�)i Y, 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.
WITNESS my hand and official seal this aa,1141 day of —"5ur\-e, ,
2004 -
O=SEALROSEMUEZNOTARY PINOISMY COMM2005
Personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of
at Large
ZQS�YY1�e^ri •� J� ��r�c-. �z..
(Name of Notary Public: Print, tamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
981218 5 Bill of Sale Absolute