R96-126RESOLUTION NO. R96-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE RELEASE OF A CASH SURETY
BOND IN THE AMOUNT OF $27,962.00 TO
McDONALD'S CORPORATION, FOR THE PROJECT
KNOWN AS MCDONALD'S/AMOCO; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City currently holds a cash surety bond in
the amount of $27,962.00, issued by McDonald's Corporation,
which amount was 110% of the installation cost of those
utilities that would eventually be owned and operated by the
City; and
WHEREAS, The utilities have been accepted for operation
and have actually been in service since the beginning of this
year; and
WHEREAS, the City has received a bill of sale and
written one-year warranty for the utilities to be operated by
the City, plus an easement for the on-site fire hydrant and
meter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, hereby
authorizes the release of the cash surety bond to McDonald's
in the amount of $27,962.00.
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ~O day of August, 1996.
ATTEST:
Ci~ Clerk-
CITY OF BOYNTON BEACH
Mayor
FLORIDA
C
C~gmmissi°~ner
Commissioner
WARRANTY
The undel~signed,
hereby agrees for a period of (1) year
from the date on which the City Commission accepts the
system to repair any defect in the lift station, water
lines, sewer lines and related facilities and equipment
(collectively the "Water and Sewer System") conveyed to the
City of Boynton Beach (the "City"), pursuant to that certain
Bill Of Sale dated ~'//7/~ which is a result of a
defect in the materials or workmanship comprising the Water
and Sewer system. The undersigned, upon notice of such
defect, shall make the foregoing repairs as soo]] as
reasonably possible or, if such repairs have already been
' made by the City, the ~Hldersigned, upon receipt of evidence
of the costs reasonably incurred by the City in the making
of such repairs· shall forthwith refund same to tile City.
Anything herein to the contrary notwithstanding, the City
shall have the sole obligation to perform all maintenance
required wit]] respect to the Water and Sewer System;
, accordingly, tile undersigned shall have no liability
hereunder in the event that the repairs to the Water and
sewer system result from tile failure of the City to properly
maintain same or misuse or abuse of the Water and Sewer
system (except, however, nothing contained herein shall be
construed to release the undersigned from liability for
damage to the Water and Sewer System caused by acts of the
undersigned or its employees or agents in connection with
the completion by the undersigned Of the project served by
the Water and S~.wer System).
By:
· ~resident
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF /~~
I HEREBY CERTIFY that on his day, before me, an
officer duly authorized to take ac ~wledgements, personally
appeared ~~~zo~
Florida corporation a ~artner of
· a Florida 1~ hip, to me known to be
the person d ~d tile foregoing
instrument and before me that he executed
the same for the uses and ~erein expressed. ,
My Commission Expires:
BILL OF SALE
KNOWN ALL MEN BY THESE PRESENTS:
Thatthe ~Fs( £~gfe~e ~;~z~ of~--/o, ~. /-t-,~ ..
· -. - · ..: ~ .. F - ~ v, ~ , a eo~orauon organized and
e~snng ana exmtmg unoer ana by ~nue'ofthe laws nf)~ ~)~,~ ~a_ ~_..,, .....
. ~ - r .... ,m~ o/rfotsoa, flaying lis principal
place of business. ~n the County o~ f~ ~ ~ ~ ~ ~ in the S~te of~Orid herei~er
refe~ed to a~ S~LER, for ~d m consideration of the sum of
Doll.s. in 1~1 ~ey (~d o~er good ~d valuable ~nsid~ations unto it mo~ng) to it p~d b
' ete~a to as th~ B~R , r~ceipt ofw~ch is hereby ac~owl~g~d by it, has
grated, b~ga~d, sold, transf~ed, set over and ddivered unto th~ BURR. itn
~signs, ~ those ce~n go~dz ~n~ zh~s, ' .... ' ' '
The water and sewer systems described on sheet(s). C-'?2'~-e¢Jofthe plans by
~]x'.r,e_.. , project number Ct'l'/.
forever.
TO HAVE AND TO HOLD the same unto the BUYER, its succe2sors and assigns
And the SELLER, for itself and its successors, hereby covenants to and with the
BUYER, its successors and assigns that is the lawful owner of the said goods and chattels; that
they are free from all liens and incumbrance; that it has good right to sell the same as aforesaid,
and that it will warrant and defend the same against the lawful claims and demands of all persons
whomsoever.
IN WITNESS WHEREOF, the SELLER has caused its corporat~ name to be
hereunto sub_sc_~ibed and its corporate sea! to be affmed by its Officers hereun'to duly aut~5o;;ze.S,
this the .... /? 7,- day of /P'~/ A.D. 19_~.
Sign~~resence:
(SEAL)
By.
By,
President
Vice President
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
.BEFORE 1VE, an officer duly
acknowledgements, perso: .ally appear~
~ter {
officials of the
of the ....
iN'-WITNESS O~'
_ inthe State and Count3
and official seal at
(SEAt.)
This Instrument prepared by:
//-7 /l~tary Public
~.// (.-l~y Commission Expires: //
Address:
EASEMENT
THIS INDENTURE made this day of ,A.D., 199 ,
a corporation existing under the laws of _~:~ ,
and having its principal place of busines~ at ~0n~ ~w~,
first party, to the City of Boynton Beach, a political
subdivision of the State of Florida, second party:
(Wherever used herein, the terms, "first party"
and "second party" shall include singular and
plural, heirs, legal representatives and assigns
of individuals and the successors and assigns of
corporations, wherever the context so admits or
requires.)
WITNESSETH
WHEREAS, the first party is the owner of property situate in
Palm Beach County, Florida, and described as follows:
SEE EXHIBIT "A"
and,
WHEREAS, the second party desires an easement for water and
sewer utilities and/or other appropriate purposes incidental
thereto, on, over and across said property,
and,
WHEREAS, the first party is willing to grant such an
ease~ent,
NOW, THEREFORE, for and in consideration cf the mutual
covenants each to tb~ other
....... ~ ....... ~ c.~c~ ~':~.~ d..~ilar and other
good an~l v~!''~ ~,~.~-~'~n~ the · ..... ~ ~arty does
hereby grant unto the party of
successors and assigns, full ar.d free right and authority to
construct, maintain, repair, install and rebuild facilities
for above stated purposes and does hereby grant a perpetual
easement on, over and across the above described property
for said purposes.
IN WITNESS WHEREOF, the first party has caused these
presents to be duly executed in ~.ts name and its corporate
seal to be hereto affixed, attested by its proper officers.
thereunto duly authorized, the day and year first above
written.
Signed, sealed and delivered
in the pre~f~
(CORPORATE SEAL)
BY
ATTEST:
PRESIDENT
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgements, personally appeared ~~.,~_~~
well known to me to be the President and
respectively, of the Corporation named as first party in the
foregoing Easement 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 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 /7 .day of ~~_ , A.D.,
/~ot~.~ Public in and for the
~ Strand County aforesaid.
My commission expires:
IPOINT
N87' 40' 08' E
N. LINE, SEC. 32, TWP. 45 S., ROE. 43 E.
WOOL..DR iu,-'~" '"'-~ ROAP
!'t87' 40' 08' E
SCALE: t" = t0'
OF BEGINNINGI
°~ S87,40'08'~
36 South of N. Line,
¢South R/N Line,
357' Sou th of N.
i7.00' ~
~ioolbrlght Road
Lll3e, Section 32)
N.E. ConneP, /i
NcDonal d'
Section 32
LEGAL DESCRIPTION
EASENENT TO CITY OF BOYNTON BEACH FOR FIRE HYDRANT ~ WATER NETER
A PARCEL OF LAND IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALN BEACH COUNTY, FLORIDA, BEING WORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FRON THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALN BEACH COUNTY, FLORIDA; SAID CORNER BEING ON THE
CENTERLINE OF THE t20 FOOT RIGHT-OF-WAY OF CONGRESS AVENUE, THENCE
RUN SOUTH 0t°23'24' EAST, ALONG THE WEST LINE OF SAID SECTION 32,
FOR A DISTANCE OF 357.05 FEET; THENCE RUN NORTH 87"40'08" EAST,
ALONG A LINE 357.00 FEET SOUTH OF AND PARALLEL WITH, AS HEASURED
AT RIGHT ANGLES TO,. THE NORTH LINE OF SAID SECTION 32, FOR A DIS-
TANCE OF 239.05 FEET, TO THE POINT OF BEGINNING OF THE EASENENT
HEREINAFTER DESCRIBED: THENCE CONTINUE NORTH 87"40'08" EAST, ALONG
THE LAST DESCRIBED COURSE, FOR A DISTANCE OF t7.00 FEET; THENCE
RUN SOUTH 02°tg'52" EAST, FOR A DISTANCE OF tO. O0 FEET; THENCE RUN
SOUTH 87°40'08" WEST, ALONG A LINE 367.00 FEET SOUTH OF AND PARAL-
LEL WITH, AS NEASURED AT RIGHT ANGLES TO, THE SAID NORTH LINE, FOR
A DISTANCE OF t7.00 FEET; THENCE RUN NORTH 02°i9'52" WEST, FOR A
DISTANCE OF tO. O0 FEET, TO THE POINT OF BEGINNING, CONTAINING t70
SQUARE FEET, WORE OR LESS.
THIS SKETCH DOES NOT REPRESENT 'A FIELD' SURVEY OF SUBJECT EASEMENT.
F~. b.
':::'t075 cg. fi:.
MAIL:~.. P.O.
P ,ITl, or-1¢::,-::~ dO7
VAUGHT' $ AcjGOC I ATCG, I F1C.
LAPID. CoLIE:VF:::::YORG $ PLAF1F1F::::RG
i~F~IDGF::: ROAD; MODE: c:50LJFID, FL.
BOX I GO HODF: coOUND, -FL 55~75
5aro-~OSro FAX: ,407 5,4~-~087
ROBERT L. VAUGHT, SR.
PROFESSIONAL LAND SURVEYOR NO. 2208
STATE OF FLORIDA
ORDER e804449 - JAN tB, i996
WARRANTY
Tile under'signed,
hereby agrees for a period of (1) year
from the date on which the City Commission accepts tile
system to repair any defect in the lift station, water
lines, sewer lines and related facilities and equipment
(collectively the "Water and Sewer System"} conveyed to the
City of Boynton Beach (the "City"}, pursuant to that certain
Bill of Sale dated ~//7/~ which is a result of a
defect in the materials or workmanship comprising tile Water
and Sewer System. The undersigned, upon IlOtlce of such
defect, shall make the foregoing repairs as soon as
reasonably possible or, if such repairs have already been
made by the City, tile underslgiled, upon receipt of evidence
of the costs reasonably incurred by the City In the making
of sug[~-repairs, shall forthwith refund same to the City.
Anything herei~ to the contrary notwithstanding, the City
shall have the sole obligation to perform all maintenance
required with respect to the Water and Sewer System;
, accordingly, the undersigned shall have no liability
hereunder is the event that the repairs to the Water and
Sewer SFstsm rmsult from the failure of the city to properly
maintain same or misuse or abuse of the Water and Sewer
system (except, however, nothing contained herein shall be
construed to release the undersigned from liability for
damage to the Water and Sewer systmm cat~Sed by acts of the
undersigned or its employems or agents in ~onne~tion with
the ~om~letion by the undersigned o~ the project served by
the Water and S,'wer System}.
,. B~:
- - , ~resideut
(Corporate Seal}
STATE OF FLORIDA
cOU.Ty OF ~
I HEREBY CERTIFY that
officer duly authorized to take ac
appeared
Florida corporation and general
mired
the person
and h,
My Commission Expires:
his day, before me, an
~wledgements, personally-
e known to be
that he executed
purposes therein expressed. ,
BILL OF SALE
KNOWN ALL MEN BY THESE PRESENTS:
existin'- anj ' -' ; '. - - ~: ~ ~ ~'g~-, a corporat!on organized and
g a ex~st!n8 unaer and by virJ~ue of'the laws or, he State of Florida, havre its rinc'
placeofbusinessintheCountv0~' (~,.~, t~,_. L ,_~ ..... g P ~pal
referred to as "SELLER" fo,--~,-.s ~. -.---:~, .... :=' ~..-~ in~tne lttate otl,-Iorida, hereinafter
, .-- ,-,,, ,., ~-vuanucratlon ottne ~um Ct
Dollars, in la_wlhl money (and o~er good and valuable considerations unto it movinn~, to i
.the City. of' L~ ,:.~,.-t;~v., ~,,,~, (. _.. ~2oun o --' of' ) t paid by
ty f'Paim Beach, and State /~ -
hereinafter refer~ed to as the "BUYER", iht of.,hieh ;- ~----~ · . ~.~'~'..'
. e ,._ __ w._,....s .crecy aclmowle<lge~l Dy it, has
granted,, bargained, sold, transferred, set over and delivered unto the BUYER. it.~
assigns, at. those certain good.. ~..-~ ci~atte~s, d~.~¢r:.3cd .s ~,iiow~: ......
*/~,4'.~ · ¢.The water ,andproject number sewer:systems~..i ??.described on sheet(s) ~C ]l, rC~of the plans by
forever.
TO HAVE AND TO HOLD the same unto the BUYER, its succe:sors and assigns
And the SELLER, for itself' and its successors, hereby covenants to and with the
BUYER, its successors and assigns that is the lawful owner of'the said goods and chattels; that
they are free from all liens and incumbrance; that it has good right to sell the same as aforesaid,
and that it will warrant and defend the same against the lawtui claims and demands of'all persons
whomsoever. -
(SEAL)
IN WITNESS WHEREO~, the SELLER has caused its corporate to t:e
.h.e. reu. n,o sub_~,ibed and its corpor)te sea. to be :~mxed name
by its officers hereunto
mrs the /7 day of ,ff/]4jy A.D. 19..~.
in our presence:
President
Vice President
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
.BEFORE 1~, an officer dul~
acknowledgem~t~ l~r~.' ~y appeared
corporation
of the
(SEAL)
This Instrument prepared by:
Address:
EASEMENT
THIS INDENTURE made this day of
a corporation existing under the laws of , ~,(:~
having its principal place of busines, at ~,~.~
and
first party, to the City of Boynton Beach, a political
subdivision of the State of Florida, second party:
,A.D., 199 ,
(Wherever used herein, the terms, "first party"
and "second party" shall include singular and
plural, heirs, legal representatives and assigns
of individuals and the successors and assigns of
corporations, wherever the context so admits or
requires.)
WITNESSETH
WHEREAS, the first party is the owner of property situate in
Palm Beach County, Florida, and described as follows:
SEE EXHIBIT
and,
WHEREAS, the second party desires an easement for water and
sewer utilities and/or other appropriate purposes incidental
thereto, on, over and across said property,
and,
WHEREAS,.~he first party is willing to grant such an
easement,
NOW, THEREFORE, ~or and in consideration cf the mutual
covenants each to the other turning ~% ~.~ ~.~ilar and other
goc~- and valu-_b!t -9--i.!~-~.t!en~ ~h9 f~:'~t 9arty does
hereby grant unto the par~y of tne sec:n~. 7art, ins
successors and assigns,-full ar.~'frme riTht an~ authority to
construct, maintain, repair, install and rebUild facilities
for above stated purposes and does hereby grant a perpetual
easement on, over and across the above described property
for said purposes.
IN WITNESS WHEREOF, the first party has caused these
presents to be duly executed in ..ts name and its corporate
seal to be hereto affixed, attested by its proper officers
thereunto duly authorized, the day and year first above
written.
Signed, sealed and delivered
in the
(CORPORATE SEAL)
BY
ATTEST:
PRESIDENT .....
SECRETAI~Y --
STATE OF ~'~~
COUNTY OF~~~~__
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State andCoun~y aforesaid to
take acknowledgements, personally appeared~
well known to me to be the .President
respectiuely, of the Corporation named as first party 'in the
foregoing Easement and that they severally acknowledged
executing the same inthe presence of two subscribing
witnesses freely and. voluntarily, under authority duly __
vested in them by said Corporation, and that the ~ea!
affixed thereto is the true Corporate seal of said
Corporation.
WITNESS my hand and official seal in 'the County and
State last aforesaid this /7 day of ~~ , A.D.,
//Not%~.~ Public in and for the
Strand County aforesaid.
°omission expires:
I'POINT
H87' 40' 08' E
WOOL. DR IGHT ROAD
OF BEG INN I NS J
,,,,South R/H Line.
· of
South
11357, N. ..
t7.00'
S87' 40' 08' ti mo
L
36 South of N.
LEGAL DESCRIPTION
Hoolbrlght Road
Line, Section 3P.)
N.E. CorneP,
NcDona I d' s/Aeoco
EASEMENT TO CITY OF BOYNTON BEACH FOR FIRE HYDRANT & MATER METER
A PARCEL OF LAND IN SECTION 32, TONNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLONS:
FROM THE NORTHNEST CORNER OF SECTION 32. TONNSHIP 45 SOUTH. RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; SAID CORNER BEING ON THE
CENTERLINE OF THE tEO FOOT RIGHT-OF-NAY OF CONGRESS AVENUE. THENCE
RUN SOUTH 0t*23'24" EAST, ALONG THE NEST LINE OF SAID SECTION 32.
FOR A DISTANCE OF 357.05 FEET; THENCE RUN NORTH 87'40'08" EAST.
ALONG A LINE 357.00 FEET SOUTH OF AND PARALLEL NITH, AS HEASURED
AT RIGHT ANGLES TO,- THE NORTH LINE OF SAID SECTION 32. FOR A DIS-
TANCE OF 239.05 FEET, TO THE POINT OF BEGINNING OF THE EASEHENT
HEREINAFTER DESCRIBED: THENCE CONTINUE NORTH 87"40'08" EAST, ALONG
THE LAST DESCRIBED COURSE. FOR A DISTANCE OF rT. 00 FEET; THENCE
RUN SOUTH 02"t9'52" EAST, FOR A DISTANCE OF tO. O0 FEET; THENCE RUN
SOUTH 87"40'08" NEST, ALONG A LINE 367. O0 FEET SOUTH OF AND PARAL-
LEL NITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID NORTH LINE, FOR
A DISTANCE OF t7.00 FEET; THENCE RUN NORTH 02't9'52' NEST. FOR A
DISTANCE OF tO. O0 FEET. TO THE POINT OF BEGINNING, CONTAINING t70
SQUARE FEET, MORE OR LESS.
THIS SKETCH
DOES NOT REPRESENT A FIELD SURVEY OF SUBJECT EASEMENT.
VAUGHT AGc::JOCIATE:G, I MC.
LAI"ID.GUf VF:::YOI G PLAI'JFJF::::f G .
~075'G. ~. D~IDG~ ROAD; HOD~ GOU~D, FL.
~AIL:-. P.O. BOX IGO HOB~ GOUHD,,-FL DDd75
?HO~:t:"~07 DdG-~O~G FAX: ~07 DdG-~O~7
ROBERT L. VA~HT, ~
PROFESSIONAL LAG SURVEYOR NO. 220B
STATE OF FLORIDA
ORDER e80444g - JAN t8, tg96