R94-183RESOLUTION NO. R94-/,~',_~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND LUISA BARRERA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located at 3675 N. Federal Highway, in
unincorporated area between Boynton Beach and Delray Beach, and contains a
store; and
WHEREAS, approximately a year ago a potable water main and sewage force m
were installed in the U.S. right-of-way abutting the subject property as part of
Tradewinds Estates improvements; and property owner now desires to connect to
potable water system; and
WHEREAS, this agreement is for potable water service only at this time;
WHEREAS, upon the recommendation of staff, the City Commission of the
Boynton Beach, Florida, deems it to be in the best interests of the citizens and reside~
of the City of Boynton Beach, Florida to execute a Water Service Agreement between
City of Boynton Beach and Luisa Barrera.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TI
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed
execute a Water Service Agreement between the City of Boynton Beach and Lui
Barrera, said Agreement being attached hereto as Exhibit "A".
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this / day of November, 1994.
ATTEST:
Ci~ Clerk
CitY Of BOYNT~N BEACH, ~FLORIDA
Mayor ~
~/i~e ~ayor
Pro ,m ~' ~-~
Commiss~
(Corporate Seal)
WaterSer. Agr
Thomas 1 O/13/94
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreemqnt, made on this day of
by and between ~,s~ ~,~ , here¥~af
called the "Cu~tomer",and the City of Boynton Beach, a municipal
potation of the State of Florida, heneinafter called the "CITY". ~
WITNESSETH, that the Customer, his heirs and assigns, for and in~on-
sideration of the privilege of receiving water service from the Municimal
Water System agrees to the following:
Munic~
has
ide Customer with water services from
ed that the=re will be
to service the project descr'
submitted by Customer. The Cust~
Equivalent Resid~
/
Connections.
2, The Customer agrees to pay all costs of englneerlng, material
labor and InsPection of the facilities ars required by the
Clt service to the Customer's premises. The Custom~
shall t r Installation and conformance with all appllc;
codes and;regulations of all servlce ltnes upon the Customer's
isel such lines shall first be approved by the Director of
Utilities by the City Engineers. The City
the Customer to perform the necess~
work or the CJI the work performed in which case the Custome
will in advance ts thereof. In the event the Ct
such will also., advance such additional
as may total actual costs, fulds
,in extension made under the Agreement shall be used onlylfor
the Cus u
, n)ess permission is granted by the City of Boynton Beac~l
other parties to connect pursuant to the Code of Boynton Beac
4. Title to all mains, extensions and other facilities extended
the Cit~'Water Distribution System to and including the metered serw
Customer shall be vested in the City exclusively.
5, The Customer agrees to pay all charges, deposits, and rates fc
service and equipment In connection with water service outside the Cl
limits applicable under City Ordinances and rate schedules which are
applicable or as may be changed from time to time.
6. Any rights-of-way or easements in this area shall be provided
the Customer.
7. It is understood by the Customer, and shall be binding upon th
Customer, his transferees, grantees, heirs, successors and assigns, the
all water to be furnished, supplied, and sold under this Agreement is
available from surplus. If the surplus does not exist at the time of
Customer's actual request for commencement of service, as determined b
City's Director of Utilities, then this CITY, without liability, may re
to initiate service to the subject premises.
8. The Customer further agrees in consideration of the privilege
receiving water service from said City, that the execution of t~is
Agreement is considered to be a voluntary Petition for Annexation pursu
to Section 171.044 of the Florida Statutes or any successor or amendmen
thereto, Furthermore, should any other geh~ral law, special act, or lo
law be enacted which provides for voluntary or consensual annexation, t
Agreement shall also be considered a petitionary request for annexation
under such other laws. The premises shall be subject to annexation at
option of the City at any time they are eligible under any one or more
the above referenced laws concerning annexation. Customer will inform
and all purchasers of any or part of this property of this voluntary
petition for annexation and its applicabilities to such purchasers.
9. The Customer acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
described in "Exhibit A", attached hereto and made a part hereof. This
Agreement is to be recorded in the Public Records or'Palm Beach County.,
Florida, and the Customer and all subsequent transferees, grantees, hei
or assigns of Customer shall be bound by this ~nexation Agreement.
5/26/89
10. It is agreed that the City shall have no liability..in the event
there is a reduction, impairment or termination in water service to be pro-
vided under ictions, limita-
tion State or Federal agencies or
over such matters. Also the City shall
l, impairment Or term-
, accidents, strikes, boycotts,
casualties :or. other circumstances
11. The
the
Of
itl~
this
site
12.
~ment
It is under
guid(
plan
'to se
use,
13.
ing on:any
modlflca~
unless in wrl
and hold ha~m.2~ss
City Conrnissi ,
,1 and' official ~ ac
)enses ~
appeal~ap
out of or
)rmance pursuant to
the attached
for
to land use
land
ations shall be bind-
in this Agreement. No
alid upon the parties
be ibound thereby.
hands and seals
WITNESS:
As to CuStomer
I
AS
FOR INDIVIDUAL(S) NOTORIZATION:
STATE OF ~'~-Dg.,~O,,q )
COUNTY OF J~h/'~Q ~t~)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the
persOna 11yt:p~:a[ed/r/~/°r~J/'//~/.~;;~ ~
~~~' _ , ~ nown~to be theperson described in
and who' executed the foregoing instrument and acknowledged before
that executed the same.
· W!TNES~rm~ha,d......nd of,~!¢la! ~ieal. In'the ' I~'*"~z/~Z.'T-
said thts/~X~r'~~- day of ~_.:Y~LT~)~' County and State/last aloe,
(Notary Seal )
.Notary Public
My Commission Expires:
5/26/89
WITNESS:
CITY OF BOYNTON'BEACH, F
As to City of Boynton Beach
ATTEST:
(Corp.
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared
Mayor and , City Clerk well known to me to~
the Mayor and City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged executing the
in the presence~of two'subscribing witnesses freely and voluntarily un(
auth'ority duly vested in them by said City and that the City seal affi)
thereto is the true corporate seal of'said City.
WITNESS.my hand and official seal in the County and State last af~
said this . day of 198_.
{Notary Seal)
Approved as to form:
Notary :
My Conmission EXpires:
City Attorney
Legal Description Approved:
City Engineer
5/26
~pared by and Return to:
~RRY & SCHONE, P.A,
] S. E. Fourth'Avenu-
~lray Beach, FL 33444
PROPERTY CONTROL ~ 00.43 46 04 00 00! 0220
WARRANTY DEED
THIS INDENTURE, made this the day of September, 1992, between
CHRISTINE MARCELLINO, anunremarr-~ldow, SONYAM. COSTIN a married
woman and PATRICK F. MARCELLIN0 Sr., a married man, Grantor*'
, and LUISA
BARRERA, a single woman, whosepost oil :ess /s= 2541 Bessie St.,
City of Delray Beach, State'°f'Florida 3, ~Grantee*.
WITNESSETH, that said Grantor, and in consideration of the
Sum of TEN AND 00/100. good and va!uable
considerations to said said Grantee, the
receipt whereof is bargained and sold
to the forever, the
fol14 in Palm Beach
Count~
A
]~
de~
S
feet
the
along
parali
to
said
GRANTORS Sonya M. Costin and
represent that this is. not their Homestead.
to
Patrick F.
~hip 46 South,
mrticularly
t of way line of
579: feet southerly
Section 4, thence
of.circular
.65ifeet, 84.45
.ar curwe concave to
thence southerly
N. 891 18' 46" E.,
thence N,
parallel
18'46' , along
beginning.
Marcellino, Sr. hereby
SUBJECT TO restrictions, reservations and easements of record, if any;
taxes for the year 19:92 and subsequent years and any and all valid
zoning ordinances~.
AND sa~d ~rantor does hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons whom-
soever.
"Grantor" and "Grantee" are used for singular or plural, as context
requires.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and
seal the day and year first above written.
Signed, sealed and delivered
in our presence=
printed name of. witness
CH~ i STiNE" MARd ELL I NO
3675 N. Federal Hwy
Delray Beach, FL 33483
· COSTIN
Printed name of WitneSs
US 441 S.
CL~fton, GA 30525
PATRICK P. MARCELLrNO,SR
US 441 S
Cl4~ton, GA 30525
State of Georgia:
County of Rabun:
The foregoing instrument was acknowledged before me this o?l ,
day of SePtember, 1992by CHRISTINE MARCELLINO, PATRICK F. MARCELLINO,
SR. and SONYA M. COSTIN who are personally known to me or who ~has
Produced_ ' as .identification and who did {did
take
not) an oath.
NSta~-Public - St~ of-GA'
My. Commission Exptres~
' Prinff Name of No%%Fry '
My ~mml$~o~ Exp~es M~r~h 2~.
-<
RQBFRTS RD