HomeMy WebLinkAboutCity of Tamarac Resolution R-98-308L,
Temp. Reso. #8414, October 5, 1998 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-Q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO AUTHORIZE THE
APPROPRIATE CITY OFFICIALS TO ACCEPT A BILL OF
SALE ABSOLUTE FROM FIRST UNION NATIONAL BANK,
FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS
FOR THE FIRST UNION NATIONAL BANK PROJECT,
LOCATED ON THE NORTHWEST CORNER OF
UNIVERSITY DRIVE AND McNAB ROAD, FOR CITY
OWNERSHIP; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, First Union National Bank, has constructed the First Union National
Bank Project and has installed the Water Distribution System Improvements in
accordance with the Site Plan approved by the City Commission on October 8, 1997,
which is located on the northwest corner of University Drive and McNab 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 October 8, 1997, requires First Union National
Bank to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution
Temp. Reso. #8414, October 5, 1998 2
System Improvements installed for the First Union National Bank Project; and
WHEREAS, First Union National Bank has offered a Bill of Sale Absolute to the
City of Tamarac for the Water Distribution System Improvements installed for the First
Union National Bank Project; and
WHEREAS, the Improvements were inspected, approved and are recommended
for acceptance by the Utilities Engineering Division for the 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 First Union National Bank 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 First Union National Bank, for the Water Distribution System
Improvements installed for the First Union National Bank Project.
Temp. Reso. #8414, October 5, 1998 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 first Union National
Bank, for the First Union National Bank Project Water Distribution System
Improvements, located on the northwest corner of University Drive and McNab 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
Temp. Reso. #8414, October 5, 1998 4
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 5:
passage and adoption.
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 1 "Ir - day of
ATTEST:
CAROL GOLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to 7-1
MITCHELL SLKRAJ
CITY ATTORNEY
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1STUNI❑N,DWG
FIRST UNION NATIONAL BANK
BILL OF SALE ABSOLUTE
"Exhibit 2"
TAMARAC UTILITIES
BILL OF SALE ABSOLUTE
FOR: Tamarac First Union
Project Name
KNOW ALL MEN BY THESE PRESENTS, that First Union National Bank
, a Cor oration whose address is 225 Water St. Jacksonville FL , in the
County of Duval and State of Florida, Party of the first part, for and in consideration of
the sum of ten dollars 10.0Q , 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 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 University and McNab Plat
Recorded in Plat Book 135 , Page 2 of
the Public Records of Broward County.
980605 1 Bill of Sale Absolute
I
2'98(cUN) 17:45 ITASCA CONSTRUCTION TEL:5612417367 A.003
All of the above further described in "A5-
Builts" glans for First _ Union National
Bank , a copy of which is on file
with the City of Tamarac -
Prepared by:
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.
960605 2 sill of sale Absolute
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day __and
year first a4ove written.
Name Grey' 9 y A js5.., Vice President
Jeannie Dews Asst. Vice
STATE OF FLORIDA
SS
COUNTY OF
amelritie Jon Sh
r
sy
t. Vise Presiden
Preside
Type NameMtla Joe Schiffer 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 e "�`� °``Y ,IIN" "` s j cn `'`-"gftlw� to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me and under oath that executed the same
WITNESS my hand and official seal this �- '� day of �.
(-Personally known to me, or
( ) Produced Identification
c
,,Nf]TARY PUBLIC, State of Florida
at La rg a �,01 � Jane M Knudsen
* *My COmM"On CC736893
1#. if Expires AprN 26 200
(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.
990605
3
Bill of Sale Absolute
Temp. Reso. #8414
TO
FROM:
CITY OF TAMARAC
INTER -OFFICE MEMORANDUM
City Manager
Director of Utilities
Recommendation:
UTILITIES DEPARTMENT
DATE: October 5, 1998
RE: Bill of Sale Absolute for the
First Union Project
A Resolution of the City Commission to authorize the appropriate City Officials to accept a Bill of
Sale Absolute from First Union National Bank, for the Water Distribution System Improvements
installed for the First Union National Bank Project, located on the northwest corner of University
Drive and McNab Road, for City ownership.
Issue:
To accept a Bill of Sale Absolute from First Union National Bank for the Water Distribution System
installed for the First Union National Bank Project.
Background:
First Union National Bank has constructed the First Union National Bank Project, which consists
of one commercial unit. The Water Distribution System Improvements required to serve this
building have been completed. The improvements were inspected, approved, and recommended
for acceptance for the one-year warranty period by the Utilities Engineering Division.
Part II, Section M of the Water and Sewer Developer's Agreement requires the Developer to
transfer all Water Distribution System Improvements within granted easements and right-of-ways
to the City. The Improvements will become the property of the City upon acceptance of the Bill of
Sale Absolute by the City Commission. A one-year warranty period for the Improvements will begin
upon release of the Performance Bond by the City Commission. The maintenance responsibility
of the City will begin after successful completion of the warranty period.
The Director of Utilities recommends that the City Commission accept a Bill of Sale Absolute from
First Union National Bank, for the Water Distribution System Improvements installed for the First
Union National Bank Project.
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