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Home My WebLink AboutCity of Tamarac Resolution R-2003-036Temp. Reso. #9883 August 26, 2002 1 Revision 1, February 14, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 36 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 LENNAR LAND PARTNERS FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS INSTALLED FOR THE VILLAGE OF YARDLEY PROJECT, LOCATED ON THE NORTHWEST CORNER OF NW 96T" AVENUE AND NW 77T" STREET, 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, Lennar Land Partners has constructed the Village of Yardley Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on February 13, 2002, which is located on the northwest corner of NW 96th Avenue and NW 77th Street (a copy of which is attached hereto in map form as "Exhibit 1"); and WHEREAS, City Code Section 22-195(a), requires Lennar Land Partners to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Village of Yardley Project; and Temp. Reso. #9883 August 26, 2002 2 Revision 1, February 14, 2003 WHEREAS, Lennar Land Partners has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Village of Yardley Project; and WHEREAS, the improvements were inspected, approved and are recommended for acceptance by the Utilities Engineering Division; and WHEREAS, Lennar Land Partners 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 Utilities that the Bill of Sale Absolute be accepted for the Village of Yardley 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 Lennar Land Partners for the Water Distribution and Sewage Collection System Improvements installed for the Village of Yardley Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Temp. Reso. #9883 August 26, 2002 3 Revision 1, February 14, 2003 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 Lennar Land Partners for the Village of Yardley Project Water Distribution and Sewage Collection System Improvements, located on the northwest corner of NW 96th Avenue and NW 77th Street. 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. .qFr.T10N A - passage and adoption. Temp. Reso. #9883 August 26, 2002 4 Revision 1, February 14, 2003 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 261" day of February, 2003. ATTEST: :7 i MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. ITCHELL CITY ATT JD/DM/mg NEY �• w MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: V/M. PORTNER--j DIST 2: COMM. MISHKIN ' DIST 3: COMM. SULTANOI DIST 4: COMM. ROBERTS TE: 1 1 EXHIBIT 1 TEMP. RESO. # 9881 C14/CYPRESS CREEK CANAL. I C14/CYPRESS CREEK CANAL S❑UTHGATE BL V 83 ST 83 ST 83 ST 7 w SPRING AKE VIL AS 0 82 ST ~�� 0 ¢ \ �\ �S�'RIN LAK J OD CA ch 81 ST tio2 �pti P U o 0 0 82 ST wF m 81 MANOR 0o s TR2 C� SECTIDN 23 cr, WESTW❑❑D 5 81 CT S CAMER❑N 9LCIMBARDY E` 'PdyTR3 Q GARDENS 80 PL SECTI❑N 23 EXETER 1� KINGS PT. TR24 WESTW❑❑D 5A tea' S� / C❑MMER. PK. /� so CT TR13 HUNTINGT❑N q� 8p st a�� / `f j �i� lfil 11 X, TR23 LAND SEC, ' ROCKFORD / jf 6 TR28 TR30 SITE 0 LO ATION " q 1 a w WELD❑N w l SEDGEFIELD GRCC 3 TAMARAC48D ; , SPORTS COMPLEX- ` � TR16 � LAND SE 5 �, - R31 TR27 77 ST 76 n Ct EVANGELICAL m ST COVENANT 76 St CHURCH uo c") WEST LAKE VILLAS TR33 > �� 76 KINGS PT. ¢ �� 14 PR PROF. PLAZA KINGS POINT 0 75 CT ab WESTW❑OD a SALES CENTER 4 PINES 3 & CLUB HOUSE SPRING LAKE II pp > TR37 (t• f �� /1 7S ST 1 1 w 1 3 z VIL_❑F_YARDLEY.DWG VILLAGE OF YARDLEY BILL OF SALE ABSOLUTE Exhibit "2" TR#9883 TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER DISTRIBUTION & SEWAGE COLLECTION SYSTEMS FOR: Village of Yardley Project Name KNOW ALL MEN BY THESE PRESENTS, that Lennar Land Partners, a_ Florida General Partnership, by Lennar Homes, Inc., a Florida Corporation, its attorney in fact whose address is 1015 North State Road 7, Suite C, in the County of Palm Beach 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 Parcel "Y", Kings PointReplat Recorded in Plat Book 156, Page 3 of the Public Records of Broward County. E:I:iN[-] 1 Bill of Sale Absolute All of the above further described in "As- Builts" Plans for Village of Yardley, a copy of which is on file with the City of Tamarac. Prepared by: Carnahan, Proctor & Cross 6101 W. Atlantic Blvd. Margate, Florida 33063 Dated: August 12, 2002 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. (GRANTOR) l') , , " -r/ `�� David M. Baselice, Agslstant Secretary (Corporate Seal) STATE OF FLORIDA SS COUNTY OF PkrA b : Lennar Land Partners, a General Partnership By: Lennar Homes, Inc., a Florida corporation, Its attorney -in -fact A,IL Z A" Doyle D. Du ey, Vice Presides 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 DQAUtO M, FMLLI[I.. 4 balLE a. UbLEY 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 IL day of A04usf , 20M . tin MENTKCw I')TARY PUBLIC, STATE OF FLORIDA °'OMMISSION NO. CC 978719 C JMMISSION EXPIRES 3120/2,005 O PERSONALLY KNOWN (j OTHER LD. ( Personally known to me, or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large 41SA M LN P-- a,.j (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. 981218 3 Bill of Sale Absolute