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Home My WebLink AboutCity of Tamarac Resolution R-2004-2101 1 1 Temp. Reso. #10539 1 August 24, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- a !D 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 TUSCANY TOWNHOMES, INC., FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE TUSCANY TOWNHOMES PROJECT, LOCATED ON THE NORTHWEST CORNER OF NW 57T" STREET AND NW 79T" AVENUE, 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, Tuscany Townhomes, Inc., has installed the Water Distribution and Sewage Collection System Improvements in accordance with the approved Site Plan for the Tuscany Townhomes Project, located on the northwest corner of NW 57th Street and NW 79th Avenue (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, Section 22-195(a) of City Code, requires Tuscany Townhomes, Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Tuscany Townhomes Project; and Temp. Reso. #10539 2 August 24, 2004 1 WHEREAS, Tuscany Townhomes, Inc., has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Tuscany Townhomes Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance by the Public Works Engineering Division; and WHEREAS, Tuscany Townhomes, Inc., 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 I Director of Utilities that the Bill of Sale Absolute be accepted for the Tuscany Townhomes 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 Tuscany Townhomes, Inc., for the Water Distribution and Sewage Collection System Improvements installed for the Tuscany Townhomes Project. I I I Temp. Reso. #10539 August 24, 2004 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, Tuscany Townhomes, Inc., for the Tuscany Townhomes Project Water Distribution and Sewage Collection System Improvements, located on the northwest corner of NW 57 th Street and NW 79th Avenue. 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. #10539 4 August 24, 2004 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 22nd day of September, 2004. ATTEST: MARION -SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL,,S. KRAF CITY ATTORNEY JED/dm JOE SCHREIBER MAYOR RECORD OF COMMISSION VOT - MAYOR SCHREIBER 167- DIST 1: COMM. PORTNER U DIST 2: COMM. FLANSBAUM-TALABI DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 11 I I Job Aro. TR# 10539 CITY OF TAMARAC QScale: N.T.S N PUBUC WORKS DEPARTACM Nffy Rms ENGRUSERING DIMON SHEET 1 OF 1 w S74sl E s BILL OF SALE ABSOLUTE ALBERTSON Z LJ wx 2 �_H I C3 z m �l I ALL SAINTS Nrl i!.� 9 WOODMONT WOODMONT S I SHELL .30, PLAZA LUTHERAN E? TEXACO F1 F4 COMMONS NATION 0 BANK (& MCNAB ROAD MCNAB ROAD GW TEXAC13 TA REENS . . . CONCO D VILLAGE BANK P \VdoJLANb LAKE§ AARAC 'WOO UNIVERS11 -V LA . . . TS. cz COMMONS COL. W., SANDS POINT C4 p CLUB HOUSE >_ BELLE TERRE c OF 0 TAMARAC LC 1 94 oj�' VERSATi-LES GARDENS Q� RAL LLJ -m LMS OLF CA N. Li \ AM *,z V LLAS A UNIV. S COL SHOPPES L) ROKEST ONY CIR. APTS. OFCS. us VIPs WEDGES . . . GOLF COURSE, LAND �C. 9' C3 A FAIRVIEWDR. u . . . . . . . C3 BOARD *IALK APTS. CT FAIRWAYS 61 ST BgARDW 4LK APTS. 61 ST 62 CT w THN SQUARE SAINT LA 0 MALAC� 59 PL Sl I JQHP 59 PL T H13RA TER Ld < 59 CT W t —f-KM, 59 CT > > < (EDGE 61 ST TER) , , 61 ST z —i 59 ST Ig MAINLA UNIT 13 59 ST j CURTIS FIELD NAT113NS I PLAT BANK 58 PL 58 — WATERSIDE 60 ST PL �a_ MAI L mm=/ > r, co 15 0' UN < m 5 co 5 �T_ HEARTLANDS 4E H 58 C- 15B ST w n r c OF TAMARAC 9L 57 DR 11511 4AI IF MIDWAY PLAZA PL&a n 58 ST LINA LA DS U It 13LOCK EJE3 57 L > RE 57 PL > BUSTER 1�1-- IA cp 4c 37 PL FAI H VE 10 -c ro UNITED BOSTON BIG LOTS PLAZA NAMON REE 8741-8767 STATES POST CHICKEN e 57 CT 57 CT .AZA OFC. BLDG 57 ST NW 57TH ST OFFICE z 57 CHEVRON 0 im go, �_w TAMARAC TAMARAC dw [a ce COMMUNITY CL a C3 BRANCH ne - w (a 4 iE -9 p 14 uj x lN m m z z �LGREENS lew * a 8 LIBRARY CENTER .,I . is 2 r-w � L) 6q COM RCJL BLVD LAUDERHILL SITE LOC T.0 -1 Dwps JV Bft 44nvw m"k TUSCANY TOWNHOMES EXHIBIT I CITY OF TAMARAC. DROWARD COUNTY. FLORlDA PRIM JM L DMff. RE SEC. 2. TWP. 49. ROE. 41 FL NO. 5W Exhibit "2" Temp. Reso. No. 10539 I TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER DISTRIBUTION & SEWAGE COLLECTION SYSTEMS FOR: TuscanV Townhomes �roject Name KNOW ALL MEN BY THESE PRESENTS, that Tuscany Townhomes, Inc. , a Florida Corporation whose address is 7975 NW 154 th St., Miami Lakes, Florida, 33016, in the County of Miami -Dade and State of Florida, Party of the first part, for and in consideration of the sum of ten dollars ($10.00), lawful money of the United States, to be paid by the CITY OF TAMARAC, a municipal corporation of the State of Florida, 7525 Northwest 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 Tuscany Plat Recorded in Plat Book 173 , Page 129-130 of the Public Records of Broward County. 981218 1 Bill of Sale Absolute k All of the above further described in "As- Builts" Plans for Tuscany, a copy of which is on file with the City of Tamarac. Prepared by: Carnahan Proctor and Cross, Inc. Dated: June 22, 2004 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 ofthe 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. Anthony Mijares, Jr. Corporate Secretary (Corporate Seal) STATE OF FLORIDA (GRANTOR) Tuscany Townhomes, Inc. BY: 'j 6 "'� /Silvio A. Cardoso President . SS COUNTY OF`]Mjam� — Do.de.,) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforqsqjd and in tthh�County aforesaid to take acknowledgments, personally appeared jr-31 IV D to me known t be the person(s) described in and who executed tl�e foregoing instrument and acknowledged before me and under oath that'. W g executed same. WITNESS my hand and official seal this 291ay of �,J t au- 20_0�. ULLY M EREZ Comrn# DD0204M Expires VIM= *T# PUBK&, State of Florida 79=-4254 Florida Notary Assn,, InC Bonded thru (800)432 at Large ...................................... a ) Personally known to me, or ( ) Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( )DIDtakeanoath,or( )DID NOTtakean oath. 981218 3 Bill of Sale Absolute