Loading...
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