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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-0851 1 Temp. Reso. #9326 March 21, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-85 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 THE HERGENRADER FAMILY TRUST, FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS FOR THE 7- ELEVEN PROJECT, LOCATED ON THE NORTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 79TH 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, The Hergenrader Family Trust, has constructed the 7-Eleven Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on October 27, 1999, which is located on the northwest corner of Commercial Boulevard and NW 791" Avenue (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, City Code Section 22-195(a), requires The Hergenrader Family Trust, to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the 7-Eleven Project; and Temp. Reso. #9326 March 21, 2001 2 WHEREAS, The Hergenrader Family Trust, has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the 7-Eleven 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 7-Eleven 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, The Hergenrader Family Trust for the Water Distribution and Sewage Collection System Improvements installed for the 7-Eleven Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 1 Temp. Reso. #9326 March 21, 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, The Hergenrader Family Trust, for the 7-Eleven Water Distribution and Sewage Collection System Improvements, located on the northwest corner of Commercial Boulevard and NW 791h 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. #9326 March 21, 2001 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25th day of April, 2001. ATTEST: MARION SMENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESaUTAON, as to form. i TCHELL,�FT CITY AT R EY TR/DM/db L JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER L (( DIST 1: COMM. PORTNER DIST 2: COMM. MISHKINI DIST 3: V/M SULTANOF C_ DIST 4: COMM. ROBERTS F-- I TEMP. RESO. # 9326 W W v W W W W y GW TEXAC❑ C❑NC❑ D VILLAGE BANK W�❑DLANII LAKES y y y w w w w W y y W y 'W❑❑ y y y y W y 'v y y v W y W W y y •V LA y y y y ,y W y W UNIVERSITY y W W W W TS, COMMONS SANDS P❑INT WN CAy W y W y ,7 NNaNGgTf BELLE „� W . �4 Gp1 ❑NY y �N W �. TERRE ❑F \N\\ y W \ y W Q�� W VERSA N CjR y y y ILLES TAMARAC y a \� y GARAENS W W W W \\\ Q . n^ Vr y' \�\, Q� CAMP W �\ \\ W y W N \\�\\ y W a W \N\\�\���\ \ UNI V. R❑KEST S• COLONY CIR. � SH❑PPES & LAGOS y y W APTS. W y . , W y \��\\� y ❑FCS, y W EDGE y y y y W W W y W W y y W y \ W y W y y y y y y y y y p W , Y WC❑URSE, y y y y G❑LF EGAN LAND J\� y y y y y cl PLAT y W W y W w \\\\\\\� z y \\ \\\ \\. FAIRVIEW D .� \� R \\\ \\\' u y W \\ W W w W \\ \ (F(--/4 N. V Ll FAIRWAYS \\\\\\\ \\� \\�\\ W \�\\\ \\ L� ��� REENVILLAGE 1 m 61 S7 62 CT WATER THUMB SQUARE .--a g PLANT L z SIT /% �j 59 PL n ffj,SUNNY ISL ] ¢ 7 %/ ¢_ 61 ST a 61 ST 59 CT j (EDGEW TER) CURTIS MAINLAN UNIT 13 ap7o 59 ST c° �i. " 3 ¢ FIELD c ¢ NATI❑NS , i n PLAT i/j n co co n n n BANK � %��%/ WATERSIDE 60 ST jj 58 P �ifjji LI-i�iixi MAI L NDS.; ¢ ,,, UN T 1 �j �, 58 58 �i CT HEARTLAND o a d S /� CT cl) i��� / OF i TAMARAC �a w ST MIDWAY PLAZA A scy � i qL �� ¢ > BLOCK W j BUSTER oM GREENHA N 57 PL OOD r a j ¢ BIG LOTS 12 FAIRHAVEN 11 (n 7 gco a _ co / 7) UNITED B❑ST❑N PLAZA n STATES CHICKEN 57 CT 57 CTPOST % NW 57TH ST OFFICE w c v�0, W �a J W Z Q uz Aa SITE H } J ¢ �z u� L)-i .V. r S ¢z r, LocaTlo�w,,-_,:1-. No z o, LAUDERHILL 7-Eleven.DWG 7--ELEVEN T TT A" t 1T" ♦�TTTTTT "_�I05/2�10c� 17:44 7275364356 BELLEAIR DEVELOPh1EHT PAGE: 041 Exhibit; 2 TAMARAC UTILITIES BILL OF SALE ABSOLUTE WATER & SEWAgE COLLECTION SYSTEMS FOR: 7-ELEVEN, AT COMMERCIAL AND 79TH KNOW A! L MEN BY THESE PRESENTS, that the HErgenrader Family Trust dated March 22 1990, whose address is 61576 Longview Street, Bend, Oregon, in the County of 7 -and State of Oregon, 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 68th Avenue, Tamarac, Florida, 33321, Party of the second park, 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, ds 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 are owned by the Party of the First part, which lie within the Public Rights -of -Way or within Utility easements provided for Same in the Plat of Lyons Commercial Subdivision, Lots 1 and 2, Block 6, recorded in Plat Book 6 9 `;, Page g 2 _ of the Public Records of Broward County. All of the above further described in "As-Bu+Its" Plans for 7- Eleven, a copy of which is on file with the City of Tamarac, Prepared by: CARNAHAN, PROCTOR, GROSS, INC- Dated' Decemb r 12 2000 70 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. 981216 1 8111 of Sale Absolute 12/0E"/2000 17:44 7275264256 BELLEAIF DEVELDPHENT PAGE 0:3 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Print N Print Namef"5�r''L!/ � 4 S y'— A'07 , B;/,v to V, 1 r �' il �If I �' 0 �Y�- 4 st e- ni nName 6(fr NT- ' STATE OF OREGON : SS COUNTY OF 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 L. Ralph Hergentader 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 some. WITNESS my hand and official seal this day of 2004 OFFICIAL SEAL GINA R WHIPKEY i NOTARY PUBLIC-OREGON COMMISSION NO. 338239 MY COMMISSION EXPIRES OCT, 30, 2004 _N� RY P BLIC, S to J r goo af Large �I t (Name of Notary Public. Pri t, Stamp, or type as Commissioned) . �1>j Personally known to rne, or ( ) Produced Identification i �al_d r'J Type of I.D. Produced ( of DID take an oath, or ( ) DID NOT take an oath 981218 2 Bill cf Sale Absalvte 12i 0612 IZZ 17: 44 727E364356 BELLEAIR EEtilELOPMENT P4 E 0,� STATE OF OREGON SS COUNTY OF 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 Marguerite H. Hergenrader to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same. WITNESS my hand and official seal this day of 20D0. a._�.. OFFICIAL SEAL GINA R WHIPKEY i NOTARY PUBLIC-OREGON COMMISSION NO. 338239 MY COMMISSION EXPIRES OCT. 30, 2004 (} Personally known to me, or ( ) Produced Identification it 13 O P­TBLJ?5 " tate of Ore on at Large (Name of Notary Public: Print, amp, or type as Commissioned) Type of Produced ( -, DID take an oath, or( ) DID NOT take an oath. 981218 „ 90 of Salsa Absolute 10.4ofIIa0=I TEMP. RESO. # 9326 w w v w w w w w GW TEXACO w w w w w w w w CONCO D VILLAGE BANK wWbODLAND LAKES w w w w w W❑❑ w w UNIVERSITY w w v w w w w w w V LA w w w w w w w w w w \ w w w w TS. w r r \ w COMMONS w SANDS POINT C A w w w w w w w \�N\w w w y NNON \\ \ GApe w w w\\� w BELLE TERRE W CO \\ Q<OF � N. CfR w w \\\\ ARAC \w \ w VfRSAILLfS GARn w w w TAM Q w w \\ W \\\ L'V ,\\ y w Li �P w\\ y \� \\\�\ w w Q w CAMAS w \\�\\\�\��\\� UNIV. COLONY CIR. w \. w SHOPPES w ROKEST ." w \ w & 4p�,p5 w APTS, w w w w \�\\\\ w ❑FCS, W w w w w w w w w w w w w w w EDGE w w w w w \_ w w W w w w w w w w w EGAN GOLF COURSE, L w w Q LAND SEC, 9'. �� w w w w w PLAT w \_ Z F•- w\\ \\ w FAIRVIEW w \\\ o f \\\\\\\ \\ bR. �\ c w w w w \\ w w \\• w w w W w w w w y w \. cy- w F A I R W A Y S \��\\�' \�� \� -- \\��\. w\\�\��\\ \- W REEN ILLAGE ago 61 ST 62 Cl j WATER THUMB SQUARE PLANT ti 59 PL / Lo SITE/ /n /// 3 ISILEST 7 ¢ // 7 61 ST 61 ST 59 CT a _ j ¢ (EDGEW TER) r CURTIS MAINLAND r' °D ¢ FIELD NATIONSUNIT 13 59 ST 0o j co a w 3 a m 00 co n PLAT BANK j jjj% %% %/jjj j / // . /� WATERSIDE 60 ST / 58 P /./ !ji/// i/ MAI LL 58 CT UN T I/// N j HEARTOFANDS cco //A C T co / u) J W i TAMARAC j MIDWAY PLAZA a�Ln ST 7 % BLOCK oQ qL / / ¢ � / } GREENHA N cu Li BUSTER 57 PL co '- a j BIG LOTS 12 FAIRHAVE % c> > co UNITED B❑STON PLAZA 11 gCC) j STATES 57 CT 57 CT ¢ �/ TATEPOST CHICKEN z NW 57TH ST / OFFICE w ra Lj Liiy J a ' SITE ~ r J v z �d r ram Z� ¢ zY �'�' a i o� y zz o W o g Z A o, LOCATION z a a W ,} z 4X1 Q, r" UJ © Q¢ CO F= CD W W W P4 Q a, Q F PG q J (h � U � U W x Q q COMMERCIAL BLVD. l LAUDERHILL 7-Eleven.DWG 7—ELEVEN BILL OF SALE ABSOLUTE Exhibit 2 _TAMARAC UTILITIES BILL OF SALE A93OLUTE WAT R J! SEWAGE COL -CTI MS FOR: 7-ELEVEN, AT COMMERCIAL AND 79TH KNOW ALL MEN BY THESE PRESENTS, that the Hergenrader Family Trust dated March 22 1990, whose address is 61576 Longview Street, Bend, Oregon, in the County of and State of Oregon, Party of the first part, for and in consideration of the sum of ten d2liars_($110.00), 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 are owned by the Marty of the First part, which lie within the Public Rights -of -Way or within Utility easements provided for Same in the Plat of Lyons Commercial Subdivision, Lots 1 and 2, Block 6, recorded in Plat Book 62 .-.., Page -__. 42 of the Public Records of Broward County. All of the above further described in "As--Builts" Plans for 7- Eleven, a copy of which is on file with the City of Tamarac. Prepared by: CARNAHAN, PROCTOR, GROSS, INC. Dated: December„12 ,, 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. 981218 1 Bill of Sale Absolute 12,/06/2000 17:44 7275364356 BELLEAIR DEVELOPMENT PAGE 0:3 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. (G OR) alph rgenrader, rustee Print N (1�C�7 ��'�I�SI �- Wiffie` $ " I Print Name Q w- 1 d Ajili-4s K. STATE OF OREGON COUNTY OF SS 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 L. Ralph Hergenrader to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and udder oath that he executed the same. WITNESS my hand and official seal this OFFICIAL SEAL GINA R WHIPKEY NOTARY PUBLIC-OREGON 0 COMMISSION NO.338239 MY COMMISSION EXPIRES OCT. 30, 2004 day ofjU&j6fk2000 'T Y PUBLICc, S ya to r gon a La rge C�51 Z (Name of Notary Public: Pri t, Stamp, or type as Commissioned) ' Personally known to me, or ( } Produced Identification aji2mo t.I it' Type of I.D. Produced (vf DID take an oath, or( ) DID NOT take an oath. 991218 2 sill of sale Absolute 12i 06I2P,00 17: 44 727526435E BELLEAIR L'E VCLOPI�ENT GAGE 0e STATE OF OREGON COUNTY OF �4 ZMZLA:�, 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 Marguerite H. Hergenrader to me known to be the person(s) described in and who executed the foregoing instrument and she acknowledged before me and under oath that she executed the same, WITNESS my hand and official seal this OFFICIAL SEAL GINA R WMIPKEY NOTARY PUBLIC-OREGON 0 COMMISSION NO.338239 MY COMMISSION EXPIRES OCT. 30, 2004 ., day of 2000. BLIC, tate of Ore on at Large Q, 1 a - I (Name of Notary Public; Print, amp, or type as Commissioned) Personally known to me, or ( ) Produced Identification Type of I.D. Produced (L- ' 113 take an oath, or ( ) DID NOT take an oath, 981218 3 BW of Sxis Absolute