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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-100Temp. Reso.#7813 March 25, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97- 10 0 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 PULTE HOME CORPORATION FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENTS IN THE SANIBEL PROJECT LOCATED ON THE WEST SIDE OF NW 108TH TERRACE BETWEEN DEVON DRIVE AND SOUTHGATE BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pulte Home Corporation has constructed the Sanibel Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on June 6, 1993, and which is located on the west side of NW 108th Terrace between Devon Drive and Southgate Boulevard (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 13, 1993, requires Pulte Home Corporation to transfer a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements; and WHEREAS, Pulte Home Corporation has offered a Bill of Sale Absolute to the City of Tamarac for the Water Distribution and Sewage Collection System Temp. Reso.#7813 March 25, 1997 2 Improvements installed in the Sanibel 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 Interim Director of Utilities that the Bill of Sale Absolute be accepted for the Sanibel 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 Pulte Home Corporation for the Sanibel Project Water Distribution and Sewage Collection System Improvements. 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 Pulte Home Corporation for Sanibel Project Water Distribution and Sewage Collection Improvements located on the west side of NW 108th Terrace between Devon Drive and Southgate Boulevard, SECTION 3; All resolutions or parts of resolutions in conflict herewith are 1 1 Temp. Reso.#7813 March 25, 1997 3 hereby repealed to the extent of such conflict. 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. N ; This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /4 day of Nf 4 Y 1997. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have appr a this RESOLUTICyN as to f rm. TR/dav/aml ITCHELL-S. M CITY ATTOR �Mysw EMNAMREA - - MAYOR RECORD OF C MAYORSc DIST 9: o .r DIST 2: DIST 3: 15 DIST 4:� < f C] • r� -Tumi?- EXHIBIT 1 1� 1� a I 1 1 1 I I I 1 i 1 I I 1 1 SOUTHGATE., PLVD, g¢ 81 sr o 4 d WE TWC]C7 6 0 o $0 CT SE I❑N 4 g° s X. TR12 i/ EXETER� / aaLOC •T OIN / �. HI S TEA / / p TRENT ✓;/�/, ,/ z l T R Lj:14 C �r�/.j wl <i CA LJ GRANV I LLE TR15B p TR 15 A Lin r= co W O SANIBEL BILL OF SALE ABSOLUTE 82 ST 0 �4t ti 81 S T �42 y� �N 8 ACT o4 TR13-A 1D2 �' TR13 LAND SEC. 6 SEDGEFIELD M0:3r6Y1-.9IT'lic / 00 r� TAMARAC UTILITIES BILL QE SALE ABS L E FOR: Sanibel Project Name KNOW ALL MEN BY THESE PRESENTS, that _PuIlp, Home Corporation , a Michigan Corpo„r„atign whose address is 1350 East NgwggA Center Drive 200, Deerfield B h I rida 33442 , in the County of Browgrd _ and State of Florida, Party of the first part, for and in consideration of the sum of tgn d 114 ars ($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: 950803 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 ofLand Section 6- North (Sanibel) Recorded in Plat Book _ Q-- Page 20 of the Public Records of Broward County. 1 Bosa.wpd k'97-/o--�) 4 • • All of the above further described in "As- Builts" Plans for Sanibel , a copy of which is on file with the City of Tamarac. Prepared by: CCL Consultants, Inc. Dated: 8/16/94 10/5/94 8/8/95 2/27/97 TO HAVE AND TO HOLD the same unto the said party of the second park, 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. 950803 0) Bosa.wpd V. 9 ?- /d o IN WITNESS WHEREOF, Grantor has hereunto set h' hand and seal on the day and year first above written. ATTEST: GRANTOR By: By: Type Name Timothy L. Hernandez T/Vre Name v n J. Feldman Vice President of Land ("President of Operations Authorized Signatory Authorized Signatory (Corporate. Seal) STATE OF FLORIDA SS COUNTY OF BROWARD 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 appearedSteven J. Feldman_8-Timothy L. Hernandez, Authorized Si natories on behalf of the corporation to me known to be the person(s) described in and who executed the foregoing instrument and they____ acknowledged before me and under oath that the, executed the same. &� I NE S my hand and fficial seal this day of 199 � }A' •' CHPoSTINE QWITMO MV COAMupSSION N CC255278 EXPIRES '., February 13, 1997 N BO"D THpU TROY FAIN ROMANCE, INC (XX) Personally know to me, or ( ) Produced identification NOTARY PUBLIC, St a of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (XX) DID NOT take an oath. 950803 3 lM