HomeMy WebLinkAboutCity of Tamarac Resolution (2)11
I ]
Temp. Reso. #9618
November 27, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-002
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 WENDY'S OF N.E. FLORIDA, INC.,
FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEM IMPROVEMENTS FOR THE
WENDY'S OLD FASHIONED HAMBURGERS PROJECT,
LOCATED AT 8901 WEST COMMERCIAL BOULEVARD,
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, Wendy's of N.E. Florida, Inc., has constructed the Wendy's Old
Fashioned Hamburgers Project and has installed the Water Distribution and Sewage
Collection System Improvements in accordance with the Site Plan approved by the City
Commission on June 27, 2001, which is located at 8901 West Commercial Boulevard
(a copy of which is attached hereto in map form as "Exhibit 1"); and
WHEREAS, City Code Section 22-195(a), requires Wendy's of N.E. Florida, 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 Wendy's Old Fashioned
Hamburgers Project; and
Temp. Reso. #9618
November 27, 2001 2
WHEREAS, Wendy's of N.E. Florida, 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 Wendy's Old Fashioned Hamburgers Project; and
WHEREAS, the improvements were inspected, approved and are recommended
for acceptance by the Utilities Engineering Division after a 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 Wendy's Old Fashioned Hamburgers 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 Wendy's of N.E. Florida, Inc., for the Water Distribution and
Sewage Collection System Improvements installed for the Wendy's Old Fashioned
Hamburgers Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
1
11
L
L'
Temp. Reso. #9618
November 27, 2001 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
Wendy's of N.E. Florida, Inc., for the Wendy's Old Fashioned Hamburgers Water
Distribution and Sewage Collection System Improvements, located at 8901 West
Commercial Boulevard.
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.
Temp. Reso. #9618
November 27, 2001 4
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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 9h day of January, 2002.
ATTEST:
MARION 9WENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RG/DM/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A e'
DIST 1: COMM. PORTNER A el
Ae DIST 2: COMM. MISHKIN .
DIST 3: VIM SULTANOF A er
DIST 4: COMM. ROBERTS fl er
11
L]
1
EXHIBIT 1
TEMP. RESO. # 9618
g ST /
5
TEXACO
1 W „
cna
MCNAB ROAD
MCNAB ROAD
w
B�V•
LIME
THE GREENS
�P LIME BAY
y BAY
OF TAMARAC
a v SEC. II
; SEC. I
v
g
COL. W.
i��� CLUB
HOUSE _
W T ❑D 2 >;f /fi�f� W L RAL w W W
6� �� ���� LMS
/ W Q Y W W
OLF W W W W
0, cr 1 ati rn w w W V LLAS W W W
f W •'f ` W � �/ W W � r W W W
W SN�
Wl!�0�9 09 9R. 6A� 1 r U W W pN�s p�AGOS
+� a 3 WEDGES
7 W
W ST w +� •7 � +- \A H W W W W W W W
LAND SEC. 8 " WEDGEW GOD LN
(63 3T) W W W �� W W W W W W W
i W W W W W •i
fW W W W W W W W BOARDWALK APTS.
SANTA ROSA DR. 61 ST 34 1 7 61 ST Q PARADISE CT 61 ST
z i
PATIO HOMES M A
P° ; m ¢ m a I 6 Td+ 06+ a °D PAR. DR BOARDWALK APTS.
a =17.
W 60 ST a,¢ 1 60 ST II CD w �' Q f 59 PL
u STANLEY LN 59 Pt / Li
LANDINGS ❑N LJ Q a 59 CT
Li
W � ♦ PARADISE
4 �� F CYPRESS ESTATES f J f m 59 ST m
gSDRADSHAW L y� w GREENS
E. PLl1M HARBOR WY. 59 CT WATERS
f EDGE i = 0 } 58 ly �f1 58 PL
LY❑NS j j w Q PL w 1
f INDUSTRIAL �� = F 3 ~ w > w
V.G.C. PARK PARK �/ �/1 uj 3 °D co ~ a ~
(VISUAL GRAPHICS) 58 58 Si OD OD OOD
GRAPHLINE 57 DR
ST 1 MARLEN F M NLA DS NI I
ST❑R❑PACK PARK 5:7L N n a
CD
3 THE TAMARAC ¢ r- 57 PL
MIAMI JEWISH CINNAMON °D
HERALD CENTER TREE 8741 876 57 57 CT
57 ST PLAZA OFC.
LY❑NS comm SUB VALGREENS
(CO RD 870) CHEVRON
COMMERCIAL—
BLVTT-- — — _ _ — ~ — — — — — — —
SITE
LOCATION
WENDY'S.DWi
WENDY'S OLD FASHIONED HAMBURGERS
BILL OF SALE ABSOLUTE
10/0412001 14:46 8139662682 PAGE 02
Exhibit 2
TAIVARAC
RILLDE-SAILE A13SQLUTE
FOR: 5
Project Name
KNOW ALL MEN BY THESE PRESENTS, that WENDY'S OF N.E.—FLORIDA.
IN , a Flgdda
whose address is �4 3��W,est Dublin
-
Gtanyille Road. Dublin. Ohio 43017
, in the County of , FmA l rn �. and State of Ok t.p _ _, Party of the
first part, for and in consideration of the sum of teadoll rrg (S1Q,.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 Bath 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 Property located in Broward County,
Florida, and described on the Attached
Exhibit "A."
1
�. 10a4/2001 141.46 8139682882
PAGE 03
All of the above further described In "As.
Builts" Plans for wend' y Old Fashioned
Hamburgers , a copy of which is on file
with the City of Tamarac.
Prepared by: Zamora and Associates, Inc
Dated: 11 / 7 / 01
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.
2
19, 4/2001 14:46 8139682882 PAGE 04
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTOR)
Witnesses:
6' . D
-Type NAme / // „uftftyft
Type Na DARCY B. N MAL
STATE OF (.JL
SS
COUNTY OF
OF N,E. FLORIDA. INC.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid M0RiIBt@ft#y aforesaid to take acknowledgments, personally
appeared BaeeutiveWePtesident& as of
WENDY'S OF N. ,ciNC., a Florida corporation, to me known to be the
person(s) described In and who executed the foregoing instrument and he
acknowledged before me and under oath that he executed the same_
WITNESS my hand and official seal this day of QZ,
2001 .
}off*p{Al, lgF7
` CAROLYN A. LOEMER NOTARY PURE
# * NOTARY MIDI V- STATE OF O Aft
MY COMMISSION EXPIRES OCE 14.2001
ayNT�"OF
( ✓jPersonally known to me, or
( ) Produced Identification
(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.
3
1�Zh/2001 14:46 8139682882 PAGE 05
EXHIBIT "A"
Legal description
A Portion afLots 4, 5, 6, and 7, Block 9, ILyanin U
s Commercial SuddMsionft No. 2,
aocarding to the Plat thercoia as t'ecardad in Plat Sank 69,
e 43
Smwgrd COUV. Florida, Being more fially descn-bod as ibu ws • Of the Public Records of
EEGYNNITi'Cx aT distance of 100.00 the Northwest corner of said Lot 6, thence South, SS959'06" Ess a
feet to the Northwest comer of said Lot 5; thence Wadaut South 88°59'06"
Last, a distance of 96.32 fact, the last two cads being coincident with the South right-of-way of
N.W. 570' Street;'beuce South 00'0i'37"mce Y
Lot 5; Theme continue South 00°01 °37 2 E distance of 78.69 fcef mthenehe East line of said
West, a distance of l _44 fact to the East line of said Lot 5; thence continus Now 08'3$ ,,.
West for a distance of 4 55 feet; thence North 88°59106" West, a dish ace of
West line of said Lot 5; thence continue North 88°59'06" 99.46 feet to the"?Vest, a distance of 98.61 feet• thence
North 00°Dl'37'' West, a distance of 76.64 feet to the Wag line of said Lot 6; thence continuo
North 00-01'37" West, a distance of 204.37 feet to the South ri ht-af�
Street; thence South 88°59'06'• Eas% a distance of 3.71 fe®t to the POINT OF EG N.W.iNWWING.
CERTIFICATE
I, Dana Klein, hereby certify that I am the duly elected, qualified, and acting Assistant
Secretary of Wendy's of N.E. Florida, Inc., a Florida corporation (hereinafter referred to as the
"Corporation'). By An Action Without Meeting of the Board of Directors of said Corporation
which was executed on February 7, 2001 , the following resolution was unanimously
adopted:
RESOLVED, that the Chief Executive Officer, President or the Chief
Financial Officer, acting alone, or any two of the following, to wit, the
President & Chief Operating Officer - North America; any Executive Vice
President, Senior Vice President and any Vice President, be, and they
hereby are, authorized to execute in the name of the Corporation, any and all
notes, loan agreements, commitment agreements, mortgages, deeds of trust,
assignments of mortgage, leases, subleases, real estate purchase and sale
contracts, deeds, easements, rights of way, construction agreements, and any
and all other documents related to the acquisition of interests in real estate
for Wendy's Old Fashioned Hamburgers restaurant sites or for other
corporate purposes, the disposition of any interest in such real estate and the
financing and construction of improvements on such real estate; and they
further be, and they hereby are, authorized to execute in the name of the
Corporation any guarantee of any obligation of the Corporation relating to
the acquisition, disposition or financing of interests in real estate for
Wendy's Old Fashioned Hamburgers restaurant sites or for other corporate
purposes or relating to the financing and construction of improvements on
such real estate.
I further certify that the foregoing resolution has not been altered, amended or repealed and
is now in full force and effect.
Dated atthis day of �.mbe�L• ,
2001 .
Dana Klein
Assistant Secretary
#49482