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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-063Temp. Reso.#8125 January 26, 1998 1 CITY OF TAMARAC RESOLUTION NO. R-98- 6 3 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 LENNAR HOMES, INC., FOR THE SEWAGE COLLECTION SYSTEM IMPROVEMENTS FOR THE WELDON PHASE 3 PROJECT LOCATED ON THE NORTHEAST CORNER OF NW 77T" STREET AND NW 96T" AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lennar Homes, Inc., has constructed the Weldon Phase 3 Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on August 17, 1994, located on the northeast corner of NW 771h Street and NW 961h Avenue (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 June 14, 1995, requires Lennar Homes, Inc., to transfer a Bill of Sale Absolute to the City of Tamarac for the Sewage Collection System Improvements located on the Weldon Phase 3 Project; and WHEREAS, Lennar Homes, Inc., has offered a Bill of Sale Absolute to the City of Tamarac for the Sewage Collection System Improvements installed for the Weldon Phase 3 Project; and Temp. Reso.#8125 January 26, 1998 2 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 Weldon Phase 3 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 Lennar Homes, Inc., for the Sewage Collection System Improvements installed for the Weldon Phase 3 Project. 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 Lennar Homes, Inc., for the Weldon Phase 3 Project Sewage Collection System Improvements located on the northeast corner of NW 77 th Street and NW 96 th Avenue. SECTION 3: All resolutions or parts of resolutions in conflict herewith are Ihereby repealed to the extent of such conflict. r] I I Temp. Reso.#8125 January 26, 1998 3 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. 41144ck PASSED, ADOPTED AND APPROVED this day of / 1998. ATTEST: x PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approy6&�his RESOLUTION as to Wrn. / J TR/dav/aml ITCHELL S-KF CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMIq MAYOR CHREIBER DIST 1: COMM. MWAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: —90-01M. RORFP-rQ VOTE E-�ZKLHIBYlr -�� \WLLD11N.DW(i WELDON PHASE 3 BILL OF SALE ABSOLUTE EXHIBIT 2 Temp. Reso.#8125 BILL OF SALE ABSOLUTE KNOW ALL MEN BY THESE PRESENTS, That Lermar Homes, Inc. 7600 Nob Hill Road of Tamarac, — in the County of Broward and State of Florida, Party of the first part, for and in consideration of the s—um of Ten ($ 10.00) and no/ 100 ----- dollars lawful money of the United States, to be paid by the City of Tamarac a municipal corporation of the State of Florida, Broward County 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 Sewage Collection System Improvements for buildings E, F & 1; together with all appurtenances attached thereto, which lie within the Public Rights of Way or within Utility casements provided for same in the Plat of Weldon recorded in Plat Book 152, Page 7 of the Public Records of Broward County, or in casement documents prepared by separate instrument. All of the above further described in "Record Drawing" plans for Weldon a copy of which is on file with City of Tamarac Prepared by: Camahan-Proctor & Associates, Inc. Dated: December 1997 TO HAVE AND TO HOLD tile same unto the said party of the second part, its successors and assigns forever. The Party of the First Part does covenant to and 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 successions and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, I have hereunto set my hand and seal this '1& day of Ku (A V one thousand nine hundred and k� I k,�i�grrd, sealed an A-1±�ivered in presence of us - (SEAL) I S (SFAL) As ,STATE OF17 LORIDA Ss. COUNTY OF BEFORE ME personally appeared -�(4DCvt P\hytol-3 as Vice President Of LENNAR HOMES, INC., a Flori orporation, to me known to be the person (s) described in and who executed the foregoing instrument and acknowledge to and before me that they executed said instrument for the purposed herein expressed. The are personally known to me and did not take an oath. WITNE.SS my hand and official seal, this day of VtU6W, PAY ANNE DUFFY I�Vtary I lic - SignkuYeU STATE OF FLORIDA Z COMMISSION# CC 18�4�� EXPIRES SEPT. 9, 1 M Notary Public - Typed 1�ame -CC-e4&4L 7 FV1AM'1M81205J\P11j, SALDOC Commission Number