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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. iiW-4.3 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 TRlkrs/mg ('�Le 9:5�� JOE SCHREIBER MAYOR RECORD OF COMMISSIQN VOTE MAYOR SCHREIBER--�y'1- " DIST 1: COMM. MGKAYE DIST 2: V/M N41SHKIN DIST 3: COMM. SULTANOF - r- DIST 4: COMM. ROBERTS L ---' 0 EXHIBIT I. 1 LMY, KENU. # U414 //j/ W y FERN CIR TR55 H� pIN�S y W❑❑DM❑NT COUNTRY y CIR W W y W y "CLUB W y W x W ~ y W y 0 W W W y V W W y w W W y y ` TR74 �p�p / B` nGl� 1+C co W 75W S� W W Q �R11 AL � ti PALM / q 2 W PAL T CIR y sjL �� d a 73 % ti�Op hN / �yw r CT �-13 Q ynLW TR75 co F4 y W z Q 79 ST xN TR56 O q ^°p nm 78 CT -, AVAL❑N ESTATES O Go A 78 PL " P° 78 ST ¢THE CENTRE jw w ¢ OD WQ❑DM❑NT `z z u-) In 7 W r� U TAMARAC ELEM SCHOOL TAMARA PARK C S•BELL Q 76 ST TOWN W y y W p�f 73 ST PLAZA r` ¢ 75 ST r N 1 y W pA� C Sf 7 'ENVIRONMENTALLY ^/ " GREENBRIAR a6 W y� ELAND V� j +� WOODMONT •<`'` W '� l"" �' r LLJ j 3 ST j j////// y�W W y y ^/ TAMARAC > p MED. 72 Cl / UNIV. UNIV. CTR Z PICCADILLY W y ST ram/ MED CTR H❑SP. 78 ST 72 ST o �gE 3 71 CT R72B / PARK W❑❑DM❑NT CT PLACE SQUARE J4 THERAPEUTIC CT t W 71 ST Q > co SITE TR72C ACAD MY �i W �� TR72A / o I.00ATION� BANK �O W / PIN APP E PK a� HILLS �- O 70 ST r oaz 70 C7 ���`" N.IAMER. z LO a W � ' ALBERTS❑N a rW f w / z z `~�� W❑❑DM❑NT W❑❑DM❑NT ALL SAINTS `�`" O CK o a w ¢ a w % z < >Z COMMONS PLAZA LUTHERAN NATIONS SHELL CJ � `� � ? BANK McNAB ROAD BANK TEXAC❑ TAMARAC y y \ CONCORD VILLAGE PLAZA W W W W W y W❑❑ y W y y W W W UNIVERSITY V LA '� •W W W y W y /-• \ W y W W T S, y y W W y y W COMMONS SANDS P❑INT Ay W Y y W C NNpNGATE BELLE W W COWN)- TERRE > W y W N, OF Q \\\ y \\ W W VCRSAIkLES GARDENS CJR y y W y TAMARAC n W y 78 CT w r- n ST nll III 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. VV ichael Woika TR/krs/mg