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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-244Introduced by --� Temp. # 2081 1 2 3 4 S 8 9 10 17 20 21 22 23 24 25 26 27 28 29 33 Ir 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- /-t A RESOLUTION APPROVING AND ACCEPTING A BILL OF SALE ABSOLUTE FROM CITY NATIONAL BANK OF MIAMI, TR. AND MONTWOOD, INC. FOR THE WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM IMPROVEMENTS FOR WOODMONT TRACT 70 AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Bill of Sale Absolute offered by CIty National Bank of Miami, Tr & Montwood,Incfor the water distribution and sewage collection system for WOODMONT TRACT 70 is HEREBY APPROVED. SECTION 2: This Resolution shall become effective imme- diately upon its adoption. PASSED, ADOPTED AND APPROVED this day of--�� 1981. A R 4 ATTEST: Assistant City C erk I HEREBY CERTIFY that I have approvedMAYOR: the form and correctness of this DISTRICT Resolution. DISTRICT DISTRICT OA DISTRICT City Attorney RECORD OF COUNCIL VOTE 50. BILL OF KNOW ALL MEN BY THESE PRESENTS, that CITY NATIONAL BANK OF MIAMI, a ' national banking corporation, as Trustee, under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and known as Trust No. 5003183, joined by MONTWOOD, INC., a Florida corporation, of the County of Broward, State of Florida, party of the first part, for and in consideration of the sum of = AND N0/100 ($10.00) DOLLARS, lawful money of the United States, paid by CITY OF TAMARAC, FLORIDA, a municipal corporation, 5811 N.W. 88 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 Sewer Collection System Improvements, together with all appurtenances attached thereto, which lie within the Public Rights -of -Way and/or within utility easements provided for same. All of the above further described in "As Built" Plans. Prepared by: KITH AND SCHNAR.S, P.A. Sanitary Sewer: Drawing No. 6248.01C, Sheet No. 2 and 3 of 5, dated October 2, 1980 Water: Drawing No. 6248.01C, Sheet No. 1 of 5, dated November 7, 1980 Entitled: WCodmont Developnent-Tract 70 All of WOODMONT TRACT 70, according to the plat thereof, recorded in Plat Book 106, Page 39 of the Public Records of Broward County, Florida which are on file at the offices of CITY OF TAMARAC, FLORIDA. THIS BILL OF SALE ABSOLLTI'E is executed by CITY NATIONAL BANK OF MIAMI, a national banking corporation, as Trustee, under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and known as Trust No. 5003183, solely in its capacity as Trustee, and not in its independent corporate capacity and no liability hereunder may be asserted against its independent corporate capacity or against any beneficiary of the trust for which said CITY NATIONAL BANK OF MIAMI, is Trustee under that certain Trust Agreement dated the 14th day of September, 1978, known as Trust No. 5003183. To HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns forever. s_ The party of the first part does covenant to and with the said party of the second part, its successors and assigns, that party of the first part is the lawful owner of the said goods and chattels, that they are free from all encuTbrances; that party of the first part has good right to sell the same aforesaid, and that party of the first part 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, the undersigned have hereunto set our hands and seals this 9— day of 1981. In the presence of: CITY NATIONAL BANK OF MIAMI, as Trustee, under the provisions of that certain ;hest Agreement dated September 14, Florida corporation, President STATE OF FLORIDA ) ) SS: COUN'PY OF DADE ) I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me cameFRANK G. Eiiluf,S�CE, 3Rgs SENIOR VICE PRESID NT TnjST o FICE9 and D�,vlu suZNr Gp as CORPORATE TRUST OFFICER , of CITY NATIONAL BANK OF MIAMI, a United States Banking corporation, and duly authorized to accept and execute documents within the State of Florida, as Trustee under the provisions of a certain Trust Agreement dated the 14th day of September, 1978, known as Trust Number 5003183; that the said persons so appearing before me are the individuals and the officers aforementioned of said corporation described in and who executed the foregoing instrument -2- and that then and there said individuals as aforesaid officers acknowledged before me that the seal affixed to said instrument is the corporate seal of said corporation; that their names officially are by them respectively subscribed thereto; that said instrument was signed, sealed and delivered by said corporation in the presence of two subscribing witnesses, pursuant to law, and that the same is the free act and deed of said corporation. WITNESS my hapd and se 1 at _� day of ..,. , My cemni.ssion expires: tdotary t't t". , �: '.. c`, F�^'1`3 a'. Large May Co:r„Ihsic l E.N:IeS M4arch 11,198a STATE OF FLORIDA ) SS: Miami, Dade County, Florida, this 1981 0 '111-14flor" Notary Public LL' C: F •' A, 'Jill 101" I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me came STEVEN W. EPPLE, as Vice President of MON'lWOOD, INC., a Florida corporation; that the said person so appearing before me is the individual and the officer aforementioned of said corporation described in and who executed the foregoing instrument; and that then and there said individual as aforesaid officer acknowledged before me that the seal affixed to said instrument is the corporate seal of said corporation; that his name officially is by him subscribed thereto; that said instrument was signed, sealed and delivered by said corporation in the presence of two subscribing witnesses, pursuant to law, and that the same is the free act and deed of said corporation. WITNESS my hand and seal at Fort uderdale, County of Browrard, State of Florida, this \tom day of 1981. Notary Public My cannission expires: 140TARY PUBLIC STATE CF FLCRIDA AT LARGE MY CO`At'JSSION EXPIRES AUG 9 19S7 BONDED THRU G:I.ERP,L iNS . UNDERWRITERS -3- ACCEPTANCE OF CONVEYANCE OF WATER DISTRIBUTION AND SEWER COLLECTION SYSTEM IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS, that the CITY OF TAMARAC, FLORIDA, a municipal corporation, does hereby accept the conveyance to it by CITY NATIONAL BANK OF MIAMI, as Trustee, under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and known,. as Trust No. 5003183, joined by MONTWOOD, INC., a Florida corporation, of all of the water distribution and sewer collection system improvements, together with all appurtenances attached thereto pertaining to WOODMONT TRACT 70, all as more particularly described in the Bill of Sale Absolute therefor from CITY NATIONAL BANK OF MIAMI, as such Trustee, joined by MONTWOOD, INC., a Florida corporation, to the CITY OF TAMARAC, FLORIDA, in their present condition, and does acknowledge that as of the date of said Bill of Sale all of said improvements and appurtenances are awned by the CITY OF TAMARAC, FLORIDA, and thereafter the obligation of maintenance of said improvements and appurtenances is that of the CITY OF TAMARAC, FLORIDA, subject, however, to the required one-year warranty of workmanship, materials and equipment by the Developer and his Contractor imposed by the CITY OF TAMARAC, FLORIDA. DATED this day of , 1981. Witnesses: STATE OF FLORIDA ) COUNTY OF BROWARD ) CITY OF T FLORIDA, a municipal co �ral n, By Walter W. Falck, Mayor At est: By rilyroertholf, City Cl, I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WALTER W. FALCK, as Mayor, and MARILYN BERTHOLF, as City Clerk of the CITY OF TAMARAC, FLORIDA, to me well known and known to be the persons who executed the foregoing Acceptance, and they acknowledged that they signed and executed the same for the purposes therein stated. WITNESS my hand and official seal in the State and County last aforesaid, this � day of , 1981. My comTLission expires: '" TApy NOU.0 STATE OF, FLORIDA Ay e MY COh"h51SSION EXPIRES 4ER 21 1984 +�•`�`-'� - U r..VF,�nr {�,iS U!�'D:%":v^IiErS Us 19 El