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Home My WebLink AboutCity of Tamarac Resolution R-2001-155Temp. Reso. #9408 May 23, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-155 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 FAZIO HOLDINGS, L.P., FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE SONNY'S ENTERPRISES PROJECT, LOCATED AT 5605 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, Fazio Holdings, L.P., has constructed the Sonny's Enterprises Project and has installed the Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on May 24, 2000, which is located at 5605 Hiatus Road (a copy of which is attached hereto in map form as "Exhibit 1 "); MITO WHEREAS, City Code Section 22-195(a), requires Fazio Holdings, L.P., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements installed for the Sonny's Enterprises Project; and Temp. Reso. #9408 May 23, 2001 2 WHEREAS, Fazio Holdings, L.P., has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements installed for the Sonny's Enterprises 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 Sonny's Enterprises Project Water Distribution 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 Fazio Holdings, L.P., for the Water Distribution System Improvements installed for the Sonny's Enterprises Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; THAT: 1 1 11 Temp. Reso. #9408 May 23, 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 Fazio Holdings, L.P., for the Sonny's Enterprises Project Water Distribution System Improvements, located at 5605 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. Temp. Reso. #9408 May 23, 2001 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27th day of June, 2001. ATTEST: MARION SENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. OW CITY ATTO EY RG/DM/mg r �/JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 1 EXHIBIT 1 TEMP. RESO. # 9408 I-- z w C Q w J LJ 0- J d LL- N 1 pq a LJ N z 0 w WING DR. J� S o� MCNAB ROAD TEE PLAT J L J PLAT TAMARAC MARKET ------------------------------------"""---""""--------------------------•- PLACE ------------------------------------------------------ --------------------------------------- A a 0 r� M ZEPHYRHILLS LOVESHAW I.T.W, MIMA 67 ST NA MEDIA ARCH ONE ALUMINUM W W W ^' L.L W z W CULLIGAN W W i W W �Q 0 vW J PUBLIC SERVICES LAND SEC, COMPLEX 7 SONNY'S_ENT,DWG SONNY'S ENTERPRISES BILL OF SALE ABSOLUTE i-,hibit- TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER DISTRIBUTION SYSTEM ONLY FOR: sonny's Ern erpris at West oint Center Project Name KNOW ALL MEN BY THESE PRESENTS, that Fazio Holdings, L.P. a Florida limited partnership Whose addressis 1400 S.W. 33rd Place, Ft. Lauderdale, FL 33315 7 in the County of - Brawara 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: 981208 All of the Water Distribution 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 WegtpointLSection 7 Plat Recorded in Plat Book 162- ---, Page 33 of the Public Records of Broward County, to the extent same service the Sonny's property legally described on Exhibit A, hereto attached. 1 BIII of Sale Absolute All of the above further described in "As- Builts" Plans for Sonny's Enterprises a copy of which is on file with the City of Tamarac. Prepared by: Lawson, Noble & Webb Dated: 12/11/2000 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. 981208 2 Bill of Sale Absolute IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Witness ,— Witness Type Name Robert Crews STATE OF FLORIDA SS COUNTY OF &VLdNaa : (GRANTOR) FAZIO HOLDINGS, L.P. a Florida limited partnership By: Fazio Operat' ,yste s, a Florida Off ted i company, general' pares r By: Title: Member Printed Name: Paul Fazio 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 Paul Fazio —a Member of * to me known to be the person(s) described in and who executed the foregoing instrument and +�,jL- =4z o acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this day of 200 1- . *Fazio Operating Systems, LLC, a Florida limited liability company, as general partner of Fazio Holdings, L. P ,� o da 7 n partnership Philip F, Brown NOTARY UBL _ , State of Florida Commisslon # CC 7W747 at Large Expires NOV. TH •� BONDED THRU n nn '� ATLANTIC BONDING CO., INC. (Name of Notary Public: Print, Stamp, or type as Commissioned) ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 3 Bill of Sale Absolute STONER & ASSOCIATES, Inc. 1372 North University Drive SURVVYDRB - PLANNERS Tel. (305) 370--1880 Plantation, Florida 33322 f.e. Bd93 Fox (305) 370-1883 G xt+ r 1 r 14r LEGAL DESCRIPTION OF; SONNY'S ENTERPRISES CITY OF TAMARAC, RROWARD COUNTY, FLORIDA LEGAL DESCRIFMON: A Paraal of Land bcing a portion of TRACT 6, WEST POINT SECTION 7 PLAT, 400ordiog to the Plot thereof recorded- in Plat Book 162, Page 23, of the Public Records of 8roward County, Florida, said parcel being morn particularly described as follows; Commence at the Southeast Corner of the Southeast One —Quarter (SE 1/4) of Section 7, Township 49 South. Range 41 East, as shown an said Plat; Thence S.89'06'50"W., along the South line of the said Southeast One —Quarter (SE 1/4). a distance of 1094.63 feet, to a point of intersection with the centerline of Hiatus Road as shown on said Plot; Thence N.01'07'32"W., along said centerline a distance of 401.53 feet, to a point on the arc of o tangent curve concave to the West; Thence Northerly and Northwesterly along the arc of said curve to the left, having: a radius of 1800.00 feet, a central angle of 05'38'03-, for an are distance of 177.00 feet, to a paint on a non —tangent line; Thence West, a distance of 6Z,87 feet, to a point on the West right—of—way line of sold Hiatus Road, said point also being the point of Beginning; Thence continue West, a distance of 1049.07 feet; Thence N.00'44'46"W., a distance of 339.95 feet; Thence East, a distance of 974.74 feet, to a paint on the West right—of—way line of Hiatus Road as shown on said Plat, said point also being P point on the arc of a non —tangent curve concave to the Northeast, said curve having a chord bearing of SAV39'22"E.; Thence Southeasterly along the arc of said curve to the left, having: a radius of 3065.00 feet, a central angle of 0049'44" for an arc distance of 44.34 feet, to a point of reverse curvature of 0 tangent curve concave to the Southwest; Thence Southeasterly along the are of said curve to the right, having: 0 radius of 1735.00 feet. a control angle of 06.11'10", for on orc distance of 187.32 feet, to a point on a line radial to the lost described curve; Thence N.79'06'56"E_, along said radial line a distance of 12.00 fast, to 0 point on the arc of a non —tangent curve concave to the Southwest, sold curve having a chord bearing of S.09'24'20"E.; Thenca Southeasterly along the arc of said curve to the right, having; a radius of 1747.00 feet, a central angle of 02'57'28", for an arc distance of 90,113 feet. to a point on a non—tongenl lino; Thence S.11'04'37"W., a distance of 29.61 feet (the previous five courses being coincident with the West right—of—way line of Hiatus Road as shown on said Plot), to .the Point of Beginning; Said land situate within the City of Tamarac, Broword County, Florida, containing 7.959 acres (.346,700 � square feet), more or less. t1] I C.T1 co tV Lin SHEET 1 OF 1