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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-299Temp. Reso. #9539 September 17, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-299 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 TAMARAC RETAIL CENTER, L.L.C., FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS FOR THE TAMARAC RETAIL CENTER PROJECT, LOCATED AT 2550 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, Tamarac Retail Center, L.L.C., owner of the Tamarac Retail Center Project, has installed Water Distribution System Improvements in accordance with the Water and Sewer Developer's Agreement approved on October 25, 2000, which is located at 2550 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 Tamarac Retail Center, L.L.C., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements installed for the Tamarac Retail Center Project; and Temp. Reso. #9539 September 17, 2001 2 WHEREAS, Tamarac Retail Center, L.L.C., has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution System Improvements installed for the Tamarac Retail Center 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 Tamarac Retail Center 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 Tamarac Retail Center, L.L.C., for the Water Distribution System Improvements installed for the Tamarac Retail Center Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: LJ 1 1 Temp. Reso. #9539 September 17, 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 Tamarac Retail Center, L.L.C., for the Tamarac Retail Center Water Distribution System Improvements, located at 2550 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 parks 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. #9539 September 17, 2001 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 24" day of October, 2001. AT EST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RG/DM/mg 1 r RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A el DIST 1: COMM. PORTNER AM DIST 2: COMM. MISHKIN fl ei DIST 3: V/M SULTANOF Al ye, DIST 4: COMM. ROBERTS A e, EXHIBIT 1 TEMP. RESO. # 9539 x 13 z MUNICIPAL PARKING LOT 55 ST THE BOULEVARDS 3 ¢ 3 r c`°u Pi N w >> r > > > 1� N ^ %o N Q ~ cu a cu cu Q cu 54 ST cucu ST w N a2 <`T 53 ST a 2 PL > ao a n' S2 CT N 52 ST 51 PL PROSPECT RP- a LAND SEC, 17 TAIffA,RAc RETAIL CENTER SITE LOCATION- GpMMEcu co RD �qRp ¢ 3 � 49 ST LJ cu (U cu N 48 STcu 14 or W+ Yr ❑AKLAND PARK CAP❑RELLA PARK 51 ST A%D TEXAC❑ N Q z 49 CT U X: "U o4- w 70 H CCU < ctOu N UNITED METH❑DIS r9 48 ST CHUR n —1 TAMARAC INDUSTRIAL PARK Q cu TAM_RETAIL_CTR.DWG TAMARAC RETAIL CENTER BILL OF SALE ABSOLUTE Exhibit 2 TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER DISTRIBUTION SYSTEM ONLY FOR: L, Project Name KNOW ALL MEN BY THESE PRESENTS, that L(-C address is the County —Tf��fr,fAre- IPJ"t k—CQA1-" whose , 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 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 I fhry)AcftC, C-4 (Mf Recorded in Plat Book of the Public Records of Broward County. ow1e-D . --, L-�'._� r► oil 981208 1 Bill of Sale Absolute All of the above further described in "As- Builts° Plans for I4vuK4'/`ke- e= - LI cx�—k" , a copy of which is on file with the City of Tamarac. Prepared by: SO x--t �QeX Dated: 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. uz! itn Type Name U / � 1'1a Witness Type Name �Ar- e. ' er STATE OF FLORIDA SS COUNTY OF &6 : (GRANTOR) vv-�- Type Name/Title I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State ofgge�said and in the County aforesaid to take acknowledgments, personally appeared 1 f) ,ems to me known to be the person(s) described in and who executed=xecuted ng instrument and ice_ acknowledged before me and under oath that the same. WITNESS my hand and official seal this J I � day of , 20L. ( ) Personally known to me, or ( ) Produced Identification NOTA Y,;II,IC, ���od�rida at Large =.° ��; COmmission # Dp 021671 c.rpirea June 10�200x of f�0&;+` bonded Tin; �'9uo��+` Atlnntia Bonding C(L. im (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ID NOT take an oath. I—C 981208 3 Bill of Sale Absolute SEP-12-01 08:44 FROM-BARBIERI i SCRENCl/REALTY LAND TITLE CO. +5619978129 T-528 P-01/01 F-978 t.XIiIBIT A" LEC AI- ALSCWTION t_ot 1. Block 26. of an unrecorded Plat of TAMARAC LAKES SOUTH, being more particularly described as follows: Beginning at the Northeast corner of the Northwest 114 of the Southeast 1/4 of Section 17, Township 40 South, Range 42 East, Sroward County, Florida: thence South 880 05'34" West, along the North line thereof, 442.49 feet to a point; thence South 01' 2720" East, 40 feet to the Point of Beginning of this description, being the Northeast corner of said Lot 1; thence continue South 01" 2nG0' East.112.95 feet to a point; thence South 88" 321400 West, 80 feet to a point; thence North 01 ° 27'20" West. 87.51 feet to a point; thence Northeasterly along the arc of a circular curve to Ine right, having a radius of 25 feet, an arc distance of 39.07 feet to a point of the South right-of-way line of West Commercial Boulevard: thence North 880 05'34" East, along the said South right-of-way line of said West commercial Boulevard, 55.19 feet to the Point of Beginning.