HomeMy WebLinkAboutCity of Tamarac Resolution R-98-292Temp. Reso. #8374, October 14, 1998 1
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-981--,\-'. X,
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 COLONY WEST ASSOCIATES,
LTD, FOR THE WATER DISTRIBUTION AND SEWAGE
COLLECTION SYSTEMS IMPROVEMENTS INSTALLED FOR
THE WALGREENS PROJECT, LOCATED ON THE
SOUTHEAST CORNER OF McNAB ROAD AND PINE
ISLAND ROAD, FOR CITY OWNERSHIP; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Colony West Associates, Ltd., has constructed and installed the
Water Distribution and Sewage Collection System Improvements for the Walgreens
Project, which is located on the southeast corner of McNab Road and Pine Island Road
(attached hereto in map form as "Exhibit 1 "); and
WHEREAS, the Water and Sewer Developer's Agreement accepted and
executed by the City of Tamarac on February 25, 1998, requires Colony West
Associates, Ltd., to transfer a Bill of Sale Absolute to the City of Tamarac for the Water
Distribution and Sewage Collection Systems Improvements installed for the Walgreens
Project; and
Temp. Reso. #8374, October 14, 1998 2
WHEREAS, Colony West Associates, 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 Walgreens 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 from Colony West Associates, Ltd., for the Walgreens
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 Colony West Associates, Ltd., for the Water Distribution and
Sewage Collection System Improvements installed for the Walgreens Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp. Reso. #8374, October 14, 1998 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: That the appropriate City Officials are hereby authorized to
accept a Bill of Sale Absolute (attached hereto as "Exhibit 2") from Colony West
Associates, Ltd., for the Walgreens Project Water Distribution and Sewage Collection
Systems Improvements located on the southeast corner of McNab Road and Pine
Island Road.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
EXHIBIT I
TEMP. RESO. #8374
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WALGREENS MCNAB/PINE ISLAND
BILL OF SALE ABSOLUTE
"EXHIBIT 2"
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
FOR: Walgreens at McNab Road and Pine Island Road
Project Name
KNOW ALL MEN BY THESE PRESENTS, that B & M Holdings Inc.,__
a General Partnership
whose address is 120 S. University Drivei*_Plantation Florida 33324 in the
County of Broward and State of Florida, Party of the first part, for and in consideration
of the sum of ten dollars L$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
88t" 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 Plat of Woodland Lakes
Recorded in Plat Book 71 Page
18 of the Public Records of
Broward County.
980605 1 Bill of Sale Absolute
All of the above further described in "As-
Builts" Plans for Walgreens at McNAb
Road and Pine Island Road a copy
of which is on file with the City of
Tamarac.
Prepared by: Craig A. Smith & Associates
i i [rI�I�1�i�� di [� ► F17 :�•FT
Pompano Beach, FL 33069
Dated: August 21, 1998
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.
980605 2 Bill of Sale Absolute
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and
year first above written.
G T G� 4 w G�'�► 7-Sz DGr'&
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Witness �&')AType Name0 � ►_.�I�
Witness
Type Name c1f-ewy / L -S' Pt 4�K r-),I5
STATE OF FLORIDA
COUNTY OF I64jcird
SS
Type Name/TitleIL
C ye.w•� 'A,:" e- 2
Type Name/Title
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 N[a rV f n he,h sfc I» ' to me known to be the person(s)
described in and who executed the foregoing instrument and h acknowledged
before me and under oath that k e— executed the same.
WITNESS my hand and official seal this 2 t4nay of
1994. Ij
r :
CHERYL L SIMMOf%,
'OMM03I0N
i CC41 1 "_' '5
EXPIRES JAN 01, 'ZZ i
e0rbm IHRo«or,
AIWNIIC bONgM40 CQ
( Personally known to me, or
( ) Produced Identification
d`
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NOTARY VUBLIC, State of Florida
at Large
_ (2,`Lat� l L -- Si r-11 5
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Type of I.D. Produced
( ) DID take and oath, or ( ) DID NOT take an oath.
980605 3 Bill of Sale Absolute
Temp. Reso.# 8374 October 14, 1998, 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 1 day of�-
ATTEST:
K� a e'26e:=�
CAROL GOLD, C C/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
t fo
4' , ; �) / � ///i, -
MITCHEL
CITY A
TR/ks/tk
JOE SCHREIBER
MAYOR
RECORD OF CgMMISSJQN VOTE
MAYOR—SCHREIBER t
DIST 1:
COMM. McKAYE
DIST 2:
WM MISHKIN _-
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS