R94-118RESOLUTION NO. R94-//z~
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 ROBERTO YON
AND MARIE YON; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located on the east side of High Ridge
Road, south of Hypoluxo Road, within our service area; and
WHEREAS, a city water main is located along the west side of High Ridge Road
in this vicinity; and
WHEREAS, although this parcel is not contiguous to the City Limits at this time,
it is likely to become contiguous in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Water Service Agreement between the City of Boynton Beach, Florida and
Roberto Yon and Marie Yon, said Agreement being attached hereto as Exhibit "A".
~ This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this //~ day of July, 1994.
ATTEST:
City~lerk
CITY OF BOYNT, ON BEACH, FLORIDA
Mayor ~
WaterSer,Agr
7/14/94
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreement, made on this day of , 19
by and between ~n,¥~n v~, ~ w..~-7~ , hereinafter
called the "Customer",'and the City-'of Boynton Beach, a municipal cor-
poration of the State of Florida, hereinafter called the "CITY".
WITNESSETH, that the Customer, his heirs and assigns, for and in con-
sideration of the privilege of receiving water service from the Municipal
Water System agrees to the following:
1. The City agrees to provide Customer with water services from its
Municipal Water System nnl-a~ n~c~sary to service the project described
in the Application for Water Service submitted by Customer. The Customer
has specified that there will be ~,J Equivalent Residential
Connections and the City hereby agrees to serve those ~. ~
Equivalent Residential Connections.
2. The Customer agrees to pay all costs of engineering, material,
labor, installation and inspection of the facilities as required by the
City Code to provide service to the Customer's premises. The Customer
shall be responsible for installation and conformance with all applicable
codes, rules and regulations of all service lines upon the Customer's prem-
ises and all such lines shall first be approved by the Director of
Utilities and subject to .inspection by the City Engineers. The City shall
have the option of either requiring the Customer to perform the necessary
work or the City may have the work performed in which case the Customer
will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds
as may be necessary to pay the total actual costs.
3. Any main extension made under the Agreement shall be used only for
the Customer, unless permission is granted by the City of Boynton Beach for
other party or parties to connect pursuant to the Code of Boynton Beach .
4. Title to all mains, extensions and other facilities extended from
the City Water Distribution System to and including the metered service to
Customer shall be vested in the City exclusively.
$. The Customer agrees to pay all charges, deposits, and rates for
service and equipment in connection with water service outside the City
limits applicable under City Ordinances and rate schedules which are now
applicable or as may be changed from time to time.
$. Any rights-of-way or easements in this area shall be provided by
the Customer.
7. It is understood by the Customer, and shall be binding upon the
Customer, his transferees, grantees, heirs, successors and assigns, that
all water to be furnished, supplied, and sold under this Agreement is made
available from surplus. If the surplus does not exist at the time of
Customer's actual request for con~nencement of service, as determined by th~
City's Director of Utilities, then this CITY, without liability, may refuse
to initiate service to the subject premises.
8. The Customer further agrees in consideration of the privilege of
receiving water service from said City, that the execution of this
Agreement is considered to be a voluntary Petition for Annexation pursuant
to Section 171.044 of the Florida Statutes or any successor or amendment
thereto. Furthermore, should any other general law, special act, or local
law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also De considered a petitionary request for annexation
un~er such other laws. The premises shall be subject to annexation at the
option of the City at any time they are eligible under any one or more of
the above referenced laws concerning annexation. Customer will inform any
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 of Palm Beach County,
Florida, and the Customer and all subsequent transferees,grantees, heirs
or assigns of Customer shall be bound by this Annexation 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 this Agreement due to any prohibitions, restrictions, limita-
tions or requirements of local, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also the City shall
have no liability in the event there is a reduction, impairment or term-
ination of water service due to acts of God, accidents, strikes, boycotts,
blackouts, fire, earthquakes, other casualties or other circumstances
beyond the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless
the City of Boynton Beach, Florida, its Mayor, Members of City Con~nission,
Officers,-employees and agents {both in their individual and official capac
ities) from and against all claims, damages, law suits and expenses
including reasonable attorneys fees {whether or not incurred on appeal or
in connection with post judgement collection} and costs rising out of or
resulting from the Customer's obligation under or performance pursuant to
this Agreement
12. It is understood by CustOmer and by the City that the attached
site plan "Exhibit B" has been reviewed by the City of Boynton Beach for
compatibility with the City's comprehensive plan as it relates to land use
and density, found to be generally acceptable to the City and is to be the
guide for development of this subject land. In the event that the site
plan is not approved there shall be no con~nitment on the part of the City
to serve Customer if a subsequent site plan results in a change in land
use, density or an increase in equivalent residential connections.
13. No prior or present agreements or representations shall be bind-
ing on any of the parties hereto unless incorporated in this Agreement. No
modifications or change in this Agreement shall be valid upon the parties
unless in writing executed by the parties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have set_their hands and seals
this ~ ~. day of :i~'~ ~-Y~. ,
19~..~'
As to/~us~omef
FOR ~NDIVIDUAL
STATE OF
COUNTY
INDIVIDUAL(S) AS OWNER(S):
Customer
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 ~.~ ~-~
~..~._ ~ ,;__ ~ , to me known to be the person described in
and .who executed the foregoing instrument andy'A~v acknowledged before m
that-/'h ~ executed the same. /
WITNESS my hand and official seal in the County and State last afore-
said this ) c~Z_day of -~-~ r,J ~L~ , 198
(Notary Seal} ~~'-~"~ ._~-~
Notary Public
My Corrmission Expires:
5/26/89
WITNESS: CITY OF BOYNTON BEACH, FL
Mayor
As to City of Boynton Beach
ATTEST:
City Clerk
(Corp. Seal)
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 be
the Mayor and City Clerk respec[ively of the City named in the
foregoing agreement 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 City and that the City seal affixed
thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last afore-
said this day of 198_.
(Notary Seal)
Approved as to form:
Notary Public
My Con~ission Expires:
City Attorney
Legal Description Approved:
City Engineem
5/Z6/89
~L~CALL ,
Pre:-a~eut by and return to:
Iohn W. Smi~, ~., B~a Ti~e Inc.
1~ W. P~e~ ~ R~, S~m 2
B~ ~n, Hod~ 3~32-38~
~No: 092-~05685
T~ Id. No: 00-~3-~5-09-00-000-3300
S~ S~ No's:
File No:
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RECORD VER!FIEO DOROTHY H WILEEN
CLERK OF THE COURT - P8 COUNTY: FL
............................... For recording use only ......................... DEED FOR FLORIDA
THIS INDENTURE, made JANUARY 18, 19 9 4 , by Henry G. Cisneros, Secretary, Deparlment of
Housing and Urban Development, of Washington, D.C. (hereinafter referred to as "Grantor") and
~-~ ROBERTO YON AND MARIA YON, HIS WIFE
(hereinafter referred to as "Grantee(s)") whose post office address is:
1984 S. 71ST STREET, LANTANA, FLORIDA 33462
WITNESSETH: That the said Grantor, for and in consideration of thc sum of TEN DOLLARS ($10.00) to him/her in hand
paid and other valuable considerations, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised,
released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confh-m unto the
said Grantee(s), and the heirs and assigns of said Grantee(s), forever, all that certain parcel of land lying and being in the County of
PALM BEACH , and State of Florida, more particularly described as follows, to wit:
THE SOUTH 133.00 FEET OF THE WEST 115.00 FEET OF THE NORTHWEST QUARTER
(NORTHWEST 1/4) OF THE NORTHWEST QUARTER (NORTHWEST 1/4) OF TIlE NORTtIWEST
QUARTER (NORTHWEST 1/4) OF SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, LESS THE.WEST 25 FEET THEREOF FOR THE RIGHT
OF WAY OF HIGH RIDGE ROAD. ALSO KNOWN AS LOT 1, HIGH RIDGE ESTATES, UNRECORDED.
BEING the same property acquired by the grantor pursuant to the provisions of the National Homing Act, as amended (12
USC 1701 et seq.) and tho Department of Housing and Urban Development Act (79 Stat. 667).
TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. And also all the estate,
right, title, interest, property, posseasion, claim and demand whatsoever, as well in law as equity, of the Grantor, of, in and to the
same, and every part and parcel thereof, with appurtenances.
TO HAVE AND TO HOLD the above gran~l and described premises with the appurtenances, unto the Grantee(s), and the
heirs and assigns of said Grantee(s), to their only proper use, benefit and behoof forever.
SUBJECT TO ALL covenants, restrictions, resexvations, easements, conditions and rights appearing of record and
SUBJECT to any state of facts an accurate survey would show.
AND the same Grantor does hereby specially warranty the title to said land against the lawful claims of all persons claiming
by, through or under him/her.
IN WITNESS WHEREOF the undersigned has set his/her hand and seal as Coral Gables Office
DEPUTY MANAGER , I-IUD, Coral Gables Office, Coral Gables, Florida, for and on behalf of the
said Secretary of Housing and Urban Development, under authority and by virtue of said 35 F.R. 16106 (10/14/70), as amended,
Tide 24, Chapter II, Part 200, Subpart D., and 35 F.R. 16106 (I0/17/70), as amended by 39 F.R. 7608 (2/27r/4).
Signed, sealed and delivered in the presence of'.
int- R AR r/AN .
.'¢intn~e~A~JRI, A. I}UQUETTE/
HENRY G. CISNEROS
Secretary, Department of Housing and
Urban Development
Field Office, DEPUTY YC~AGER ,¢
ANGELA L. DOUGHERTY
HUD Field Office, 1320 South Dixie Hwy.,
Coral Gables, Florida
STATE OF FLORIDA COUNTY OF DADE
Before me personally appeared ANGELA L. DOUGHERTY , who is personally well known to me
to be the duly appointed Field Office DEPUTY MANAGER , HUD Field Office, Coral Gables, Florida, and who
produced Government ID as identification, and the person who executed the foregoing instrument, by virtue of the above cited
authority, and acknowledged before me that he/she executed the same as DEPUTY M~NAGER , for and on
behalf of HENRY G. CISNEROS, Secretary, Department of Housing and Urban Development, for the purposes therein expressed,
and who did take an oath.
WITNES~m. y hand and Official Seal in the State and County last aforesaid the 18 dayof JANUARY ,
! PATRICIA ANDERSON /
Print Name: x'-'ISATRICIA ANDERSON INOT^R¥ PUBLIC STATE OF VI.ORIDA[
| COMmSSION NO. CCm~0~'Z0 ~
Seal, Expiration Date of Commission, and Commission Number: [ u¥ COM~SSION ~.XI'. ^UC. ~,~z{|
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