HomeMy WebLinkAboutCity of Tamarac Resolution (3)Temp. Reso. #9619
November 27, 2001 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-003
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 NYCH PARTNERS, LTD., FOR THE
WATER DISTRIBUTION AND SEWAGE COLLECTION
SYSTEM IMPROVEMENTS INSTALLED FOR THE LOTS 3-8,
BLOCK 9 LYONS COMMERCIAL SUBDIVISION UNIT NO.2
PROJECT, LOCATED ON THE NORTH SIDE OF
COMMERCIAL BOULEVARD BETWEEN PINE ISLAND
ROAD AND NW 91ST 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, NYCH Partners, Ltd., has constructed the Lots 3-8, Block 9 Lyons
Commercial Subdivision Unit No. 2 Project and has installed the Water Distribution and
Sewage Collection System Improvements in accordance with the approved Site Plan,
which is located on the north side of Commercial Boulevard between Pine Island Road
and NW 915t Avenue (a copy of which is attached hereto in map form as "Exhibit 1 ");
and
WHEREAS, City Code Section 22-195(a), requires NYCH Partners, Ltd., to
transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and
Sewage Collection System Improvements installed for the Lots 3-8, Block 9 Lyons
Commercial Subdivision Unit No. 2 Project; and
Temp. Reso. #9619
November 27, 2001 2
WHEREAS, NYCH Partners, Ltd., has offered a Bill of Sale Absolute to the City
of Tamarac for the Water Distribution and Sewage Collection System Improvements
installed for the Lots 3-8, Block 9 Lyons Commercial Subdivision Unit No. 2 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 Lots 3-8, Block 9 Lyons Commercial Subdivision Unit
No. 2 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 NYCH Partners, Ltd., for the Water Distribution and Sewage
Collection System Improvements installed for the Lots 3-8, Block 9 Lyons Commercial
Subdivision Unit No. 2 Project.
E,
1
Temp. Reso. #9619
November 27, 2001 3
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
NYCH Partners, Ltd., for the Lots 3-8, Block 9 Lyons Commercial Subdivision Unit No.
2 Project Water Distribution and Sewage Collection System Improvements, located on
the north side of Commercial Boulevard between Pine Island Road and NW 91 st
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 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.
Temp. Reso. #9619
November 27, 2001 4
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 SW ENSON, CMC
- CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
RG/DM/mg
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye-,
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN A ye,
DIST 3: V/M SULTANOF Al e,
DIST 4: COMM. ROBERTS A e�
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TEMP. RESO. # 9619
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LOTS 3-8, BLOCK 9 LYONS COMMERCIAL SUBDIVISION #2
BILL OF SALE ABSOLUTE
Exhibit 2
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
WATER & SEWAGE COLLECTION 3-YaTEMS
FOR: Lots 3-8, Block 9 Lyons Commercial Subdivision Unit No. 2
Project Name
KNOW ALL MEN BY THESE PRESENTS, that , NYCH PARTNERS. LTD.,
a Florida limited partnership
whose address is 1745 W. Fletcher Avenue, Tampa,
Florida 33612 , in
the County of Hillsborough and State of Florida, Party of the first part, for and in
consideration of the sum of ten dollars ($1Q.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 Property located in Broward County,
Florida, and described on the Attached
Exhibit "A."
3
All of the above further described in "As-
Builts" Plans for 1 ors 3-k , /3IAC.k 9 L yo—g CQ
Sk6�ruerrpa Ago Z. , a copy of which is on file
with the City of Tamarac.
Prepared by: 7123ty- aI —p a,ti A 5s 1,c I' Fes , :L,c
�kjK;mod-.w9
Dated: < < / Zol o r
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 park, 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.
3
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
(GRANTOR)
Witnesses:
V L.4�
•-ame g y.
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STATE OF FLORIDA
: SS
COUNTY OF HILLSBOROUGH :
NYCH PARTNERS, LTD.
By: Durbneck, Inc., its eneral partner
By:
Mic ael P. Rice, Vice 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 Michael P. Rice, f kInc.,Florida corporation,
on behalf of the corporation, as the sole aeneral partner of NYCH PARTNERS. LTD.. a
Florida limited partnership, 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
200 1 . /.
Myrna W. Garner
vy COMMISSION # CC779363 EXPIRES
September 29, 2002
BONDED THRU TROY FAIN INSURANCE INC
( personally known to me, or
( ) Produced Identification
NOTARY PUBLIC, State of Florida
at Large
(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
EXHIBIT "A"
Legal Description
A PORTION OF LOTS 2, 3, 4 AND 5, BLOCK 9, L YONS COMMERCIAL SUBDIVISION UNIT No. 2,
ACCORDING TO THE PLA T THEREOF, AS RECORDED /N PLA T BOOK 69, PAGE 43, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY DESCRIBED AS FOLLOWS.•
COMMENCING A T THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 88 59'06" WEST
ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 3.65 FEET TO THE POINT OF
BEGINNING. THENCE CONTINUE NORTH 8859'06" WEST A DISTANCE OF 96.35 TO THE
NORTHWEST CORNER OF SAID LOT 3,• THENCE CONTINUE NORTH 8859'06" WEST A DISTANCE
OF 100.00 FEET TD THE NORTHWEST CORNER OF SAID LOT 4, THENCE CONTINUE NORTH
8859 06" WEST, A DISTANCE OF 3.68 FEET, -THE LAST 4 CALLS BEING COINCIDENT WITH THE
SOUTH RIGHT —OF— WA Y LINE OF N.W. 57th STREET' THENCE SOUTH 0001'37" EAST, A
DISTANCE OF 202.55 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE
AFORESAID LOT 4; THENCE CONTINUE SOUTH 00 01'37" EAST, A DISTANCE OF 90.46 FEET TO
A POINT ON THE NORTH RIGHT —OF WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL
BOULEVARD); THENCE SOUTH 8859'06" EAST, A DISTANCE OF 98.35 FEET TO THE POINT OF
INTERSECT/ON WITH THE WEST PROPERTY LINE OF THE AFORESAID LOT 3,• THENCE CONTINUE
SOUTH 885906" EAST A DISTANCE OF 100.00 FEET TO THE POINT OF INTERSECTION WITH
THE EAST PROPERTY LINE OF THE AFORESAID LOT 3,• THENCE CONTINUE SOUTH 8859 06 , A
D/STANCE OF 1.68 FEET, THE LAST 3 CALLS BEING COINCIDENT WITH THE NORTH
RIGHT —OF— WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH
0001'37" A DISTANCE OF 92.28 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE
OF THE AFORESAID LOT 3,• THENCE CONTINUE NORTH 00 0137" WEST, A DISTANCE OF
200.73 FEET TO THE POINT OF BEGINNING.
SAID LANDS SI TUA TE, L PING AND BEING /N BROWARD COUNTY, FLORIDA.
AND
LOT 8, TOGETHER WITH A PORTION OF LOTS 6 AND 7, BLOCK 9, L YONS COMMERCIAL
SUBDIVISION UNIT No. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 885906" EAST
ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 100.00 FEET TO THE NORTHWEST
CORNER OF SAID LOT 7; THENCE CONTINUE SOUTH 8859'06" EAST, A DISTANCE OF 96.28
FEET,' THE LAST 3 CALLS BEING COINCIDENT WITH THE SOUTH RIGHT —OF —WA Y LINE OF N. W.
57th STREET,• THENCE SOUTH 00 01 '37 , A DISTANCE OF 200.73 FEET TO THE POINT OF
INTERSECTION WITH THE EAST LINE OF THE AFORESAID LOT 7; THENCE CONTINUE SOUTH
00 01 J7" EAST, A DISTANCE OF 92.28 FEET, TO A POINT ON THE NORTH RIGHT OF —WA Y
LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 88 59 06 , A
DISTANCE OF 1.61 FEET TO THE POINT OF INTERSECTION WITH THE EAST PROPERTY LINE OF
THE AFORESAID LOT 7; THENCE CON77NUE NORTH 8859'06" WEST A DISTANCE OF 100.00
FEET TO THE POINT OF INTERSECTION WITH THE WEST PROPERTY LINE OF THE AFORESAID
LOT 7; THENCE CONTINUE NORTH 8859'06" WEST A DISTANCE OF 100.00 FEET TO THE
POINT OF INTERSECTION WITH THE WEST PROPERTY LINE OF THE AFORESAID LOT 8, THE
LAST THREE CALLS BEING COINCIDENT WITH THE NORTH RIGHTOF--WAY LINE OF N.W. 56th
STREET (WEST COMMERCIAL BOULEVARD); THENCE NORTH 0100 54" EAST, ALONG THE WEST
LINE OF THE AFORESAID LOT 8, A DISTANCE OF 292.96 FEET TO THE POINT OF BEGINNING.
SAID LANDS SI TUA TE, LYING AND BEING IN BROWARD COUNTY, FLORIDA.
I
AND
3
EXHIBIT "A"
Legal Description - Continued
A PORTION OF LOTS 4, 5, 6 AND 7, BLOCK 9, L YONS COMMERCIAL SUBDIVISION UNIT No. 2,
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 59, PAGE 43, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING FULL Y DESCRIBED AS FOLLOWS -
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE SOUTH 8859 06" EAST A
DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5,• THENCE CONTINUE
SOUTH 885906" EAST, A DISTANCE OF 96.32 FEET THE LAST TWO CALLS BEING
COINCIDENT WITH THE SOUTH RIGHT OF —WA Y LINE OF N. W. 57th STREET• THENCE SOUTH
0001'37" EAST A DISTANCE OF 202.55 FEET TO THE EAST LINE OF SAID LOT 5; THENCE
CONTINUE SOUTH 0001'37" EAST, A DISTANCE OF 90.46 FEET TO THE NORTH
RIGHT —OF —WA Y LINE OF N. W. 56th STREET (WEST COMMERCIAL BOULEVARD),- THENCE NORTH
8859 06" WEST A DISTANCE OF 1.64 FEET TO THE EAST LINE OF SAID LOT 5,- THENCE
CONTINUE NORTH 885906" WEST, A DISTANCE OF 100.00 FEET TO THE WEST LINE OF SAID
LOT 5; THENCE CONTINUE NORTH 8859'06" WEST, A DISTANCE OF 98.39 FEET, THE LAST
THREE CALLS BEING COINCIDENT WITH THE NORTH RIGHT OF —WAY LINE OF N.W. 56th STREET
(WEST COMMERCIAL BOULEVARD); THENCE NORTH 00 01 '37" WEST A DISTANCE OF 88.64
FEET TO THE WEST LINE OF SAID LOT 6; THENCE CONTINUE NORTH 0001'37" WEST, A
DISTANCE OF 204.37 FEET TO THE SOUTH RIGHT —OF —WA Y LINE OF N. W. 57th STREET;
THENCE SOUTH 8859 06" EAST A DISTANCE OF 3.71 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA.
LESS:
A portion of Lots 4, 5, 6, and 7, Block 9, Lyons Commercial Subdivision Unit No. 2,
according to the Flat thereof, as recorded in Plat Book 69, Page 43, of the Public Records of
Broward County, Florida. Being more fully described as follows:
BEGINNING at the Northwest corner of said Lot 6, thence South 88°59'06" East, a
distance of 100.00 feet to the Northwest corner of said Lot 5; thence continue South 884159'06"
East, a distance of 96.32 feet, the last two calls being coincident with the South right-of-way of
N.W. 57'h Street; thence South 00'301'37" East, a distance of 202.55 feet to the East line of said
Lot 5; thence continue South 00"01'37" East, a distance of 78.69 feet; thence North 821108'32"
West, a distance of 1.44 feet to the East line of said Lot 5; thence continue North 82008'32"
West for a distance of 0.55 feet; thence North 88059'06" West, a distance of 99.46 feet to the
West line of said Lot 5; thence continue North 88°59'06" West, a distance of 98.61 feet; thence
North 00°01'37" West, a distance of 76.64 feet to the West line of said Lot 6; thence continue
North 00°01'37" West, a distance of 204.37 feet to the South right-of-way Iine of N.W. 57'
Street; thence South 88°59'06" East, a distance of 3.71 feet to the POINT OF BEGINNING.
01/02/2? ;_ 09: 17 8139082392 P441E 02
CERTIFIED COPY OF RESOLUTIONS
OF THE BOARD OF DIRECTORS
OF DURBNECK, INC.
The undersigned, being the duly elected, qualified and serving President of
DURBNECK, INC., a Florida corporation (the "Corporation"), hereby certifies that that
the following is a true, correct and complete copy of resolutions adopted by the Board of
:)!rectors of the Corporation at a meeting at which a quorum was present, and that the
following resolutions are in conformity with the Articles of Incorporation and By-laws of
the Corporation and have not boon rescinded or modified;
"RESOLVED, that the Corporation has determined that it Is In the
best interest of the Corporation for Michael P, Rice, as Vice President of
the Corporation, to ba and he is hereby authorized, empowered and
directed in the name and on behalf of the Corporation to execute and
deliver all documents and instruments, including but not limited to a Hold
Harmless Agreement with the City of Tamarac necessary with respect to
the development of the real property located at the comer of Commercial
Boulevard and Pine Island Drive In Tamarac, Broward County, Florida;
and
FURTHER RESOLVED, that the Corporation is hereby authorized
and directed to furnish a copy of the foregoing resolution as required and
to certify the same, and to certify that the provisions of said resolution are
-.n conformity with the Bylaws and that said resolution is in full force and
effect and has not been rescinded or modified.
iN WITNESS WHEREOF, I have hereunto subscribed my name as President,
and affixed the seal of the Corporation, pursuant to due and lawful corporate authority
this 1 Oth day of October, 2000.
-_ fa��
Mark G.J06kner, as President