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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-099Temp. Reso.#7812 March 25, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97--5 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 WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENTS IN THE CAPTIVA PROJECT LOCATED ON THE NORTHWEST CORNER OF MCNAB ROAD AND NW 108TH TERRACE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pulte Home Corporation has constructed the Captiva 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 northwest corner of McNab Road and NW 108th Terrace (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 Improvements installed for the Captiva Project; and Temp. Reso.#7812 March 25, 1997 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 Interim Director of Utilities that the Bill of Sale Absolute be accepted for the Captiva 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 Captiva 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 Captiva Project Water Distribution and Sewage Collection Improvements located on the northwest corner of McNab Road and NW 108th Terrace. 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 Temp. Reso.#7812 March 25, 1997 3 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. PASSED, ADOPTED AND APPROVED this /1 day of Al A r 1997. F-Al09 11 ]a TR/dav/aml 1 " J CAROL A. EVANS, CMC CITY CLERK CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYORsc-hAn' hne DIST 1: Comm I Me a YE DIST 2 V 1A M,.'.s hI'J: ,.._..,., DIST 3.=A1�, F.� DIST 4: Ccar.►t.lzQbY,�T • • �y1 1 4 18, � EXHIBIT i IT n ///// /r////r T R 16 T R 15 A \ / r// / z ///% CY Z > 0 w > > A I WA I F A I R F A X, Lij Do .._ °-7• E.CLAIRM❑NT DRY//� ASHM❑NT CIR CLA I RM❑NT % G�-PG�R ?LOCATION j� ASHM❑NT .. d THI SITE PL 7 MCNAD ROAD CAPTIVA BILL OF SALE ABSOLUTE 70 ST CAPBQSAB.DWG 0 • • "EXHIBIJ 2" Temp. Reso. #7812 TAMARAC UTILITIES BILL OF SALE ABSOLUTE FOR: Captiva Project Name KNOW ALL MEN BY THESE PRESENTS, that Eulte Home Corporation , a Michigan Corporation whose address is 1350 East Newport Center Drive, Suite 200. Deerfield Florid a334.42 in the County of Broward_ and State of Florida, Party of the first part, for and in consideration of the sum of ten dollars ($_JQ,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 Parry 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 of Land Section 6- South (Captiva)__ _ _ Recorded in Plat Book _ 153 , Page _ 21 of the Public Records of Broward County. kill►IVl.�ib� 9 7-91 r� • All of the above further described in "As- Builts" Plans for Cantiva , a copy of which is on file with the City of Tamarac. Prepared by: CCL Consultants, Inc. Dated: 8116/94 10/5/94 8/8/95 2/27/97 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. 950803 2 TUWBOS r� • IN WITNESS WHEREOF, Gra for has hereunto set his hand and seal on the day and year firsbove writte ATTEST: By: Type Name Timothy L. Hernandez AuiPoe rizedignatoryf Land (Corporate ;Seal) STATE OF FLORIDA SS COUNTY OF BROWARD Yresiaent or uperations Authorizea Signatory 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 Steven J. Feldman & Timothy L. Hernandez, Authorized Signatories on behalf of the corporation to me known to be the person(s) described in and who executed the foregoing instrument and fey_ acknowledged before me and under oath that they executed the same. �( TN SS my hand and official seal this �� day of 7.9.91. �+ 4w, CHFUSTINE GWITANG W COMMON N CC255276 EXPIRES February 13,1W -nNMO rM TROY FAIN WMAMICE, INC. (XX) Personally know to me, or ( ) Produced identification NOTARY PUBLIC, Sta a of Florida at Large ( 1A91,'57ZA1K-- 2!M"�912��v (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or M) DID NOT take an oath. 0 950803 3