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Home My WebLink AboutCity of Tamarac Resolution R-84-200Introduced by Temp. f 3183 2 2' 3 4 9 20 2,1 22 23 14 25 1s 27 21 22 23 24 25 26 27 28 29 101 r 33 3K 35 36 FLORIDA: CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-�Oa A RESOLUTION APPROVING AND ACCEPTING A BILL OF SALE ABSOLUTE FROM BAY'COLONY PROPERTY COMPANY, INC., FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS FOR BROOKWOOD GARDENS (LAKE COLONY); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, SECTION 1: That the Bill of Sale Absolute offered by Bay Colony Property Company, Inc., for the water distribution and sewage collection system for Brookwood Gardens (Lake Colony) is HEREBY APPROVED. SECTION 2: This Resolution shall become effective imme- diately upon its adoption. PASSED, ADOPTED AND APPROVED this day of 1984. ATTEST: Astistant tity rClerk I HEREBY CERTIFY that I have approved the form and c rrectness of this Resolution. L , ty tto ney r' ... U-0:W-urd4l.'] RECORD OF COUNCIL VOTE MAYOR: KRAVITZ DISTRICT 4: VAN STEIN„ DISTRICT 3: C/M STELZER DISTRICT 2: C/M MUNITZ DISTRICT 1: C/M. DUNNE ow BILL OF SALE ABSOLUTE KNOW ALL MEN BY THESE PRESENTS, That BAY COLONY PROPERTY COMPANY INC. a Delaware Corporation of e City o Boston Massachusetts n the C,ounty of suffalk and State of MiAft Party of the TTrsi part, for and in cons era ion o e sum of Ten and __ 100ths----------------- ---- ($10. 00)--------------------- Dollars, lawful money of the Unitea es, to be -paid y tfie CITY OF TAMARAC., a municipal corporation of the State of Florida, 5811 Northwest 88th Avenue, Tamarac, Florida, 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 the Plat Of____pR0OjMOQD GARDENS reCO a In Plat oo 0 age 7of the Public Records of Broward ouC _nay. All of the above further described in "As -Built" Plans Sheet # 5 6 7 9 10 ll & 12A Water & Sewer _ Plan I & II , for Brookwood Gardens, a copy of which is on file with the City of Tamarac. Prepared by: Darby and Way Approval Dated: 9/20/83 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this-_c day of September , one thousand nine hundred and eighty three. Signed, sealed and delivered in presence of us: f: MASSACHUSETTS STATE OF KiMilk ) L� ) SS: COUNTY OFSW" ) BAY COLONY PROPERTY COMPANY, INC. ' - D VID L. FRANCIS, Vice President T - �:-L_(Seal ; I HEREBY CERTIFY tnat_'dn this day,`Versurtally, appeared before me, an officer duly authorized in the State and County aforesaid to take r Nv Commission Expires: Bay Colony Property Company, Inc. acknowledgments, personally appeared DAVID L.- FP-RNCIS S%Vice Presic7pitb/ine known and known to me to be the person who executed e foregoing ns rument, and he acknowledged before me that he executed the same. WITNESS my hand and , official aforesaid, this 00L22. 'NOTARY PUBL C. STATE OF MASSACHUSUTS seal in the State and County last PARTIAL RELEASE OF MORTGAGE (BY CORPOI.ATION) RAMCO FORM 41 1 �artittt Rrtrasr of Mortgage Rnvw .All 41itrn PV Dim Vxeeen#s: WHEREAS, Bay Colony Property Company, Inc., mortgagor , by Indenture of Mortgage bearing date the 28th day of May , A.D. 1981 , and recorded in the office of the Clerk of the Circuit Court in and for the County of Broward , State of Florida, in Official Records Book 9609 Page 613 , mortgaged unto City Federal Savings and Loan Association and assigns, mortgagee , the premises therein particularly described, to secure the payment of the sum of Two Million Three Hundred Thousand and 00/100---------------------------___ Dollars, with interest as therein mentioned: AND WHEREAS, the said Bay Colony Property Company, Inc. ha s requested the said City Federal Savings and Loan Associationo release the premises hereinafter described, being part of said mortgaged premises, from the lien and operation of said Mortgage: NOW THEREFORE; KNOW YE, That the said City Federal Savings and Loan Associati as well in consideration of the premises as of the sum of Ten Dollars and other good and valuable consideration ]AXIlPi,toit paid by the said Bay Colony Property Company, Inc. at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quit- claim, exonerate and discharge from the lien and operation of said mortgage unto the said Bay Colony Property Company, Inc., its successor AWY, and assigns, all t at piece, parcel or tract of land, being a part of the premises conveyed by said mortgage, to -wit: 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 Brookwood Gardens recorded in Plat Book 110, Page 7, of the Public Records of Broward County, Florida. All of the above further described in "As -Built" Plans Sheet # 4, 5, 6, 7, 9, 10, 11 & 12A water & Sewer Plan I & II, for Brookwood Gardens, a copy of which is on file with the City of Tamarac. This Partial Release of Mortgage also releases the above --described property from that certain Financing Statement recorded May 29, 1981 gin Official ]� Records Book 9609 at Page 610, of the Public Records of 04WARBuf&�ibLb tie same, with the appurtenances, unto the said Bay Colony Property Company, Inc., its successor WXand assigns forever, freed, exonerated and discharged of and from the lien of said mortgage, and every part thereof; Provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or incum- brance of the aforesaid Mortgage on the remaining part of said mortgaged premises not hereby released therefrom, or any of the rights and remedies of the holder thereof. IN WITNESS WHEREOF, the said City Federal Savings and Loan Association has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, this day of A. D. 19 Signe , sealed and delivered in the presence of: (Corporate Seal) _,............�t...j,�'.L�..CITY FEDERAL SAVINGS AND L AssoczA o ��.....;r...� Attorney —in —Fact Skatr of Florida 050xnitg of Duva 1 Attested by............ rl �iv rrhp TertifV, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Frank W. Al laben..rZ , well known to me to be the x8wjc6Rbcw1jdx Attorney —in —Fact respectively of the corporation partially releasing the mortgage described in the foregoing instrument, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corpo- ration and that the seal affixed thereto is the true corporate seat of said corporation. dttites my hums an--! �'`; ;�! :.:�._ '� c!�, I . _. 'h; y �. d?Y� c... e r. 17. 19i . ( _ I h A r ✓ _..._ .... ....... ..-1X!'.......... . PUBLIC I lu:� Lr �r�riin'��l f»"r'r7r'crl 1)y: WILLIAM A. ZEIHER NOTARY PUBLIC d S hrander My Commission Expires: AW"WI an c P. 0. Box 11719 Notary Public, State of Florida at Lard Ft, Lauderdale, Fla. 33339 My Commission Expires t.ny. 4, 1933 'Bontl�p wy ^ma can Flra ;: Casualty s pany i Q wia AZ 1, 1-1 12. SUBORDINATION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Bay Colony Property Company, Inc., mortgagor, by Mortgage bearing date the 28th day of May, 1981, and recorded in Official Records Book 9609 at Page 613, of the Public Records of Broward County, Florida, mortgaged unto City Federal Savings and Loan Association and assigns, mortgagee, the premises therein particularly described, to secure the payment of the sum of Two Million Three Hundred Thousand and 00/100 Dollars with interest as therein mentioned; AND WHEREAS, Bay Colony Property Company, Inc., and the City of Tamarac have requested that City Federal Savings and Loan Association subordinate the lien and operation of said mortgage as provided for herein; NOW THEREFORE, City Federal Savings and Loan Association for the sum of Ten Dollars and other good and valuable consideration, in hand paid by Bay Colony Property Company, Inc., at the time of the execution hereof, does hereby subordinate the lien and operation of said mortgage to all right-of-ways and utility easements described in the Plat of Brookwood Gardens, recorded in Plat Book 110 at Page 7 of the Public Records of Broward County, Florida; and the rights of all persons and companies using said right -of --ways and utility easements. IN WITNESS WHEREOF, City Federal Savings and Loan Association has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its L proper officers thereunto duly authorized, this / �y of September, A.D. 1983. Signed, sealed and delivered in the presence of: i " _� �W w-0 a (CORPORATE SEAL) CITY FEDERAL SAVINGS AND LOAN ASSOCIATION,��lg Attprney—in—Fact STATE OF FLORIDA COUNTY OF DUVAL I hereby certify, that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Frank W. Allaben, Jr. well known to me to be the Attorney -in -Fact respectively of the corporation subordinating the mortgage described in the foregoing instrument, and that they severally acknowledged executing the same in the present of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 15th day of September, 1983. Lr� NOTAR PUBLIC My Commission Expires: gotary Public. State a1 Ko ida at large THIS INSTRUMENT PREPARED BY: A tided BY ARw arEFte &C�:"y :Omp.ny William A. Zeiher Zeiher and Schroeder Post Office Box 11719 Fort Lauderdale, Florida 33339 Phone: (305) 561-8205 C A