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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-183Temp. Reso. 7159 Rev. 8/28/95 Rev. 8/30/95 CITY OF TAMARAC RESOLUTION NO. R-95-13 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 BROOKSIDE COVE, LTD. FOR WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENTS IN BROOKSIDE COVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Brookside Cove, Ltd. is constructing Brookside Cove, a 60 unit residential development and is installing Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on December 8, 1993; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on September 28, 1994 for Brookside Cove (a.k.a. McNab Road Subdivision) requires Brookside Cove, Ltd. to transfer a Bill of Sale Absolute to the City of Tamarac for the Brookside Cove Water Distribution and Sewage Collection System Improvements located east of Northwest 70th Avenue on the north side of McNab Road (attached hereto in map form as "Exhibit 1 "); and 1 U 1 Temp. Reso. 7159 Rev. 8/28/95 Rev. 8/30/95 WHEREAS, Brookside Cove, Ltd. has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed in Brookside Cove; 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 Utilities Director that the Bill of Sale Absolute be accepted for the Brookside Cove 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 Brookside Cove, Ltd. for the Brookside Cove Water Distribution and Sewage Collection System Improvements. 2 Temp. Reso. 7159 Rev. 8/28/95 Rev. 8/30/95 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 from Brookside Cove, Ltd. for the Brookside Cove Water Distribution and Sewage Collection Improvements. (attached hereto as "Exhibit 2") SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECMN 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. 3 1 1 Temp. Reso. 715 Rev. 8/28/95 Rev. 8/30/95 SECTION 5: passage and adoption. 1995. This Resolution shall become effective immediately upon its l3� PASSED, ADOPTED AND APPROVED this day of ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have appfpved this RESOLUTIOA as ITCHELL q/ KRAFT CITY ATTORNEY Utilities/mw 4 ivvr�rvirvv r-�unrvvwvvi i t,. MAYOR RECORD OF COMMISSION VOTE MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4:. COMM. MACHEK 5 5�--/ 9 3 • Prepared By: Les H. Record and Return to: Xj*0j2Az1 KZ%ft, x2rgta3eb City of Tamarac 7525 N. W. 88th Avenue Tamarac, Florida 33321 E Stevens, Esquire Carol A. Evans, City Clerk BILL OF SALE ABSOLUTE FOR BROOKSIDE COVE KNOW ALL MEN BY THESE PRESENTS, that BROOKSIDE COVE, LTD., a Florida Limited partnership whose address is 101 N.W. 72nd Avenue, Plantation, in the County of Broward and State of Florida, 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 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 lie within the Public Rights -of -- Way or within Utility easements provided for same in property described on attached Exhibit "A". All of the above further described in "As-Builts" Plans for Brookside Cove, a copy of which is on file with the City of Tamarac. 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 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 successors and assigns against the lawful claims and demands of all persons whomsoever. `'Z eT S - P 3 4 IN WITNESS WHER OF, I have hereunto set my hand and seal this day of =-r �- _ , one thousand nine hundred and 96— Signed, sealed and delivered in presence of us: WITNESS WITNESS STATE OF FLORIDA : SS BROOKSIDE COVE, LTD., a Florida limited partnership By: Brookside Cove, Inc. a corporation, General Partner By: gecdge E. McArdle, r., 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 George E. McArdle, Jr., President of Brookside Cove, Inc. a Florida corporation, General Partner of Brookside cove, Ltd. a Florida limited partnership to me known to be the person(s) described in and who executed the foregoing instrument and A- acknowledged before me and under oath that AA- executed the same. WITNESS my hand and official (OCT av My (;(,mm Exp. 5/18/97 rua�ic icrui 'd n7 Service Ins �s - f i4o. CC287634 ar c� ] Pemiwly Known ] ] Other L D. Personally known to me, or Produced identification ) DID take an oath, or C� seal this :2 / day of NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of Z.D. Produced �,+ DID NOT take an oath. EXHIBIT "A" 0 Lots 1 through 13, Block W of McNAB COMMERCIAL SUBDIVISION NO. 1, recorded in Plat Book 71, Page 13 of the Public Records of Broward County, Florida. i �e - 9-5-- / F-3 EXHIBIT � a31 99 AV L9 \ F nd � \ �NLO `� �-- u _ I)ii-- r �\ z W < �--A31 OL J v l\ AV I L 4 b Q n �t f� f� U nd F- zL o CD U d31 ZL m r- nd ZL AV L d31 ICL q A Cj� 06pq t� L � � Z �31 -vL r- w nd LD SL C,/- SQ❑❑3 33NInNH❑f Ad 04 \� © 3diN3� z 3dad1S �- N\\z) Ld-lVd3Nn- v' `\. z N❑SVW o '.\\ n �\ ANVff N❑INn P o� Q A py �o oa oP" m v YA P 0 �QQ u pp ��� , aJ AA 0�..�a PQQ ¢-j M� BRKSDCOV. ING