R94-93RESOLUTION 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 SCOTT A. SORRELS AND JODY R.
SORRELS, HIS WIFE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located at 3601 Old Boynton
Road, which is between Congress Avenue and Lawrence Road, in the
unincorporated portion of Palm Beach County; and
WHEREAS, as part of the City's distribution improvement
program, the Utility Department recently extended a 24-inch water
main in Old Boynton Road, across the above property; and
WHEREAS, this agreement is for potable water service only at
this time;
WHEREAS, upon the recommendation of staff, the City Commission
of the City of Boynton Beach, Florida, deems it to be in the best
interests of the citizens and residents of the City of Boynton
Beach, Florida to execute a Water Service Agreement between the
City of Boynton Beach and Scott A. Sorrels and Jody R. Sorrels;
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 and Scott A. Sorrels and Jody R. Sorrels, said
Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become
immediately upon passage.
PASSED AND ADOPTED this / day of June, 1994.
effective
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Ci~ Clerk
(Corporate Seal)
Water. Ser
Sorrels.Res
6/1/94
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMIT~Q~
This agreement, made on this ----- day of , 19
by and b:etwe~n~~ ~,-~,~y ~o~'~ ~oF~ .~ ~,~ , hereinafter
called the "~ustomer", and the City of Bo~nton BeaCh~ a municipal cor-
poration of the State ~f 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 provide Customer with water services from its
Municipal ~ only as necessary to service the project described
in the Appl ~n for Water Service submitted by Customer. The Customer
has here will' be Equivalent Residential
lonsand ~the City hereby: agrees to serve those
Equivalent Residential Connections.
2, The Customeragrees to pay all costs of engineering, material,
labor, installation.and inspection of the facilities as required by the
City Code to provide servtce to=the Customer's premises. The Customer
shall be responsible for instalilatlon 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~Ctty Engineers. The City shall
have the option of eit ring the Customer to perform the necessary
work or the rk performed in which case the Customer
will pay in costs thereof. In the event the.City has
such work performed, the Cust ll also advance such additional funds
as may be necessary to payth :al actual costs.
3. Any main extens ur the Agreement shall be used only for
the Cu ranted;by the City of Boynton Beach for
other party to connect pursuant:to the Code of Boynton Beach .
4. Title to all mains, extensions and other facllltles extended from
the City Water Distribution System to and including the metered service to
Customer shall be vested in the City exclusively.
5. 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.
6. 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 commencement of service, as determined by the
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 [71.044 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 be considered a petitionary request for annexation
under 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 i)ts applicabilities, to such purchasers.
g. 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.
5/26/8g
10. It is agreed that the City shall have no liability in the ~vent
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 State or Federal agencies or
have no
ination ofwater
blackouts, fire, earthq~
beyond the:City's reason~
.'re
so the City shall
or term-
of God, accidents, strikes, boycotts,
or other circumstances
the
Off~
The
, defend and hold harmless
City Con~nission,
In(
thts Agreement
12.
stte ,p
compatiblllt)
and den
guide for dev
use,
13.
lng on any
modlftcatl
unless in writing
I
this
lcrease
:e pursuant to
Customer and by the City that the attached
by theCity of Boynton Beach for
it relates to land use
City and is to be the
~d. In the ,event that the site
to commitment on the part of the City
plan results ina change in land
equivalent resldentialconnections.
s~or represen Lions shall be bind-
this Agreement. No
lid upon the parties
rties to be bound thereby.
reto have,setrtheiFI91~,,?~y~ hands and seals
WITNESS:
INDIVIDUAL(S) AS OWNER(S)
FOR INDIVIDUAL(S) NOTORIZATION:
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on .this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowl_e~qge~ents, personally appeared ~h~ Y~r~'~/~ ~-
-~-~./~:,~,~L..s , to me known to be the person described in
and who executedthe foregoing instrument and acknowledged before m~
that executed the same.
WITNESS my~hand and offt~al seal in the County and StatA last afore-
said this ~'/q day of
(Notary Seal)
/
./. :'
..N.N. otary Publ i¢~,/
./
/
My Comission 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 respectively of the City named in the
foregoing agreement and that they severally acknowledged executing the sam(
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 rom:
Notary Public
My Commission Expires:
City Attorney
Legal Description Approved:
City Engineer
5/26/89
This instrument prepared by:
GUIFATLANTIC TITLE AGENCY, INC.
98 SE 6TH AVENUE
DRTRAY BEACH, FLORIDA 33483
90-1875
JU~29-t~)O 04:51em c~O-- 1 89773;
ORB 65;,04 P~ ~. 424
Con 70,000.00 Doc
JOl~l 8 DUPLE'CLERK - PB COUNTY,
385.00
FL
[Space Above This Line For Recording Data]
arrarti
(STATUTORY FORM--SECTION 689.02 ES.)
~lli~ ~nbenture,
madethis 29TH day of
WALTER RATTY, JR. AND ROSEMARZ RATTY, HIS WIFt~UNE
of thc County of PA/.M BEACH , State of FLORIDA
SOOTT A. SORRELS AND dC)DY R. SORRELS, HIS WIFE
1990,
, grantor*, and
whose post office address is 3601 Old Bo3rnton Rd., Bo~nton Bo_~cah,
of the County of PALM BF.&CH , State of FLORIDA
F1 33436
· grantee*,
Jtllitneaaetll: That said grantor, for and in consideration of the sum of
TEN AND NO/100
.................{sO1.00l-- .DO
and other good and valuable considerations to said grantor in hhnd ~fiid'by said gmntee'~eipt whereof is hereby acknowledged,
has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following describexl land, situate,
lying andbeingin Palm B~ac.h County, Florida, to-wit:
LOTS 54, 55 AND 56, BLOCK 15, WEST BOYNTON PLAT 2-C, AOOORDING TO THE PLAT THEREOF,
RECORDF~ IN PLAT BOOK 15, PAGE 14 OF THE PUBLIC RECO~ OF 'PALM BEACH OOUNTY,
Subject to restrictions, reservations, casem~nts and limitations of record, if any, provided that this shall not serve to reimpose
same, zoning ordinances, and taxes for the current year and subsequent years.
Said grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons
whomsoever.
*"Grantor" and "grantee" are used for singular or plural, as context requires.
~C~JI't ~i~l'tg~ ~hl~rl~l~{, Grantor has hereunto set gra.~tor's hand andj~al)the say and year first above written.
Signed, sealed and delivered in our presence, x,~\ A, /~. / , _
- - '
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 acknowledgments, personally appeared
WALTER RATTY, JR. AND ROSEMARY RATTY, HIS WIFE
to me known to be the person described in,,and who executed the foregoing instrument and acknowledged before me that
executed the same.
1990'
WITNESS my hand and officia!.'s6~l
and State last aforesaid this 29TH day of JUNE ,
M~.... ~c~.amm~l~ -~i'-il~xpires: PALM BEACH COUNTY, FL
~,~-.~: 24, 1992 JOHN B. DUNKLE
CLERK CIRCUIT COURI
Scott A. and Jody R. Sorrels
3601 Old Boynton Road
Boynton Beach, Florida 33436
Telephone Number: (407) 731-4~77
Number of Bedrooms: 3
Number of Bathrooms: 4