R95-195 RESOLUTION NO. R95-/~'
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 THOMAS G. KANE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the subject property is located at 3645 North
Federal Highway, Delray Beach, known as L&B Groves; and
WHEREAS, there is a City water main located mn the
Federal Highway rmght-of-way immediately adjacent to the
parcel; and
WHEREAS, staff has no objection to the further processing
of this application for potable only at this time, and
sanitary sewer service if or when it becomes available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The Mayor and City Clerk are hereby
authorized and directed to execute a Water Service Agreement
between the City of Boynton Beach, Florida and Thomas G. Kane,
said Agreement being attached hereto as Exhibit "A"
~ This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /~ day of December, 1995.
Mayor
Vice ~or
ATTEST:
Cit~ Clerk
WEA: Kane
12/14/95
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
This agreemenW~_made on this ~? day of /~/o,~e~ , 19~
by and between ,~; ~ .-~Y /~-- , 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 only as necessary to service the project described
in the Application for Water Service submitted by Customer. The Customer
has specified that there will be / 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 necessaryto~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 partiesto 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.
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 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 tn consideration of the privilege of
receiving water service from said City, that the execution of this
Agreement is considered to be/~)..yo!untary Petition for Annexation pursuant
to Section 171.044 of thelPio~i~'-"S[atutes 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 alsobe c~nsidered a petitionary request for annexation
under such other laws'. T~e 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 abov~ referenced laws concerning annexation. Customer will inform any
and all purchasers of any or part o.f this property of this voluntary
petition for annexation a~d 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-
State or 'edE encies or
City shal.1
have no 1 or term-
of God, accid( ikes, boycotts,
es or other ces
beYond*the.City's
))cont
11. The CL
the City
Of fi cers,-empl (
ities)
includi
resulting from the
this Agreement
defend and hold harmless
of City Con~nission,
al and official capac
expenses ---
appea' ~r
ng out of
rformance pursuan~to
12.
site plan "Exhibit B" has been
compatibility with the City's
and density, found to be genera
guiderfOr development of ~this
plan is not approved there sha
to serve Customer ii
use, density or an~i.ncreasel
It Is understood by Customer and by the City that the attached
City of Boynton Beach for
plan as it relates to land use
acceptable to.the City and is to be the
In the event'that the site
on the part of the City
:s in a change in land
connections.
unless in writing execUted~by the
IN WITNESS WHEREOF
this ~? day of
antations shall be bind-
:ed in this Agreement. No
valid upon the parties
be boundthereby.
es hereto have set their hands and seals
19
IND VI~UAL(S) AS OWNER(S):
( ~,/.-"' ~ , ·
As to Customer
Customer
FOR INDIVIDUAL(S) NOTORIZATION:
STATE OF FIo,-,Y~ )
COUNTY OF ~/~,J )
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 -~o~i o/~./Y~c
, to me known to be the person described in
and who .executed the foregoing instrument and acknowledged before m.
that~/~.~,,~, ~,~executed the same.
WITNESS my' hand and official seal in the County and State last afore-
said this ~? day of /~/~.~,,~.- , 19%_.? ~
(Notary Seal)' ~ Publ i[/~._--~' ~ .....
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 same
in the presence of two subscribing witnesses freely and voluntarily under
authority dulyvested in them bY said City and that the Cityseal 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 19 _.
{Notary Seal)
Approved as to form:
Notary Public
My Commission Expires'
CIty Attorney
Legal Description Approved:
City Engineer
5/26/89
ROBERT A. TURSO & CO.
LAND SURVEYORS
225 NORTll "J" STREI~T
LA~E WORTH, FLORIDA 334~0
From a Point on the original East right of way line of U. S. Highway No.'l (Sta'~e Road
No. §), said point being located 300 feet southerly, measured along said righ. t of way
line, from the inte~section of said right of way lirm with a line parallel to and 579 fee~
South of the North Lin2 of said Section 4, run NOrth 89 degrees 15 minutes 55 seconds
East along a lin~, parallel to ~he North line of said Section A for a distance of lO .09 fee
to a co'ncrete monument and the point of beginning; thence continue North 89 degrees
'1§ minutes 55 seconds East along a line parallel to the North line of said Section A for
a distance of. 139..91 feet to a concrete monument; . thence run South 17 degrees l0 minutes
25 seconds West a distance of 180 feet ~o a:concrete monument~ thence run Sou~h 89 dezree
15 minutes 55 seconds West for a distance of 13~,6~ feet to a concrete monumen~ and a
point on the existin~ ~.as~ righ~ o£ ray line of U. S. ~.ighvay No...1, ~hich said point is
15.36 feet 'East of, a~ measured along a continua~ion of the las~ course, the ori~inal East
right of way line of said U. S. Highvay No. l; thence run in a northerly direction alon~
the present easterly righ2 of way line of said U. S. Kt~hvay No..1 and alon~ arc of arc
o[ a curve concave to the ~est and havin~ a radius of 11;509.2 feet for an arc distance
of 1~8.t4 f_cet to. the. point of be~iuniue; said parcel of land beins in Governmen~ Lot 1.
Section ~, ?~6S, R&~E, Palm Beach County, Florida.
DESCRIPTION FURNISHED BY Client NO SEARCH OF THE PUBLIC RECORD~
MADE FOR ERRORS OR OMISSIONS OF SAID DESCRIPTION. EAsEMI~NTS OF RECORD NOT SHOWN UNLES~c
FURNISHED,, SURVEY NOT VALID UNLESS SEAI_I=n WITH AN EMBOSSED SURVEYOR'S SEAL.
Land Survey for: Description.. see reverse
~homas G. Kane
3645 North Federal Highway
Delray Beach, Fla.
Certified to:
Thomas G. Kane
Attorney's Title Insurance Fdhd, Inc,
Sun Bank/South Florida, N.A.
J
t HEREBY PLAT SHOWN HEREON IS ATRUE
AND CORRECT REPRESENTATION OF A SURVEY OF THE
PROPERTY DESCRIBED 114 THE CAPTION THEREOF, MADE
UNDER MY DIRECTION. AND IS ACCURATE TO THE BEST OF MY
KNOWLEDGE AND BELIEF, AND THAT THERE ARE NO
APPARENT ENCROACHMENTS, UNLESS NOTED. SURVEY
MEETS MINIMUM STANDARD=
S A~_._~..~ET FORTH IN_.~,JLE 21HH-6.
FLORIDA ADMINISTRATI
FLORIDA CERTIFICATE NO 5/, l
,o. l,c,,.,,: i: o'l
ROBBRT A.
d m IT -I,.j
LAND SURVEYOR8
3285-B LAKE WORTH RD.
LAKE WORTH, FLORIDA 3,.t461
PHONE (407) 585-1695
BE~¥ g. CORSARO, a married woman and PAUL ~. HC DE~O~
a married man
[~erei~m[ler calle¢l Ilia granlor, to
THOMAS G. KANE
]retains fief called the grantee:
(Wherever u~ed herein tile term.~ "Rrantor" and "xrantee" iuclude all the parties to this instrument and
the %airs, lexaJ repre~.tatJYes m~d a~siKns o~ individuals, and the successors and ms;gm o[ corporations}
it,esseth: 'r,.., ,,.. ,. o/ 0.00 and
valuable consideralions, roceipl wl~ereo[ is /,ere~y ~c~nowled~led, here~y oranls; ~argains, se[~, aliens, re-
.ii.s, re/eases, conveys and con[irm, unt° the grantee.L :all llml:ceriab* land Siluale tn PAL~ BEACH
Count~, Florida, viz:
Lying h S~tion 4, ~ns~p 46 Sou~, hnge 43 ~st, Pa~ ~ach Co~t~le
From a point on the .original East right of way line of
U.S. Highway No. 1 (State Road No. 5), said point being .......
located 300 feet southerly, measured along said right of
way South of the North line of said Section 4, run North
89 degrees 15 minutes 55 seconds East along a line ~'allel
to the North line of said Section 4 for a distance of 10.09
feet to a concrete monument and the point of beginning;
thence continue North 89 degrees 15 minutes 55 seconds East
along a line parallel to the North line of said Section 4
for a distance of 139.91 feet to a concrete monument; thnce
run South 17 degrees 10 minutes 25 seconds West a distance
of 180 feet to a concrete monument; thence run South 89
degrees 15 minutes 55 seconds West for a distance of 134.64
feet to a concrete monument and a poiont on the existing
East right of way line of U.S. Highway No. 1, which saidpoint
~ ,is 15.36 feet East of, as measured along a continuation of the
09~.[l~.r with all the tenements' hsreditaments and~ appurtenance, thereto ~eIongi,O or in any-
wise appertaining.
~d the grantor here~y covenanls with said grantee t~a/ the grantor is lawfUll~ se/zed of said land
in fee simple: lhat the grantor h~ goog right ang: law[ul authority to sell ang convey sai~
grantor here~y tully wa.anls the title to said [an~ a"~ mitt ~efend the same against t~e law[ul claim~
alt persons whomsoever; an~ that sai~ land is [me o~ all encumbrances, except t~es accr~ng Su~seq~
[o December 31. 19 84 and khe:eai~er
** last course, the original. East right of way line of saidU.S.
Highway No. 1; thence run in a mortherly direction along the
present easterly right of way line of said. U.S. Highway NO. 1
and along arc of arc of a curve concave to the West and having
a radius of 11, 509.2 feet for an arc distance of 178.44 feet
~ them~,gint ~f beginning; said parcel being in Govenment Lot
[irst a~ove written.
Sigheg, sealeg ang ~e/i~re~ in our~t~sence: .' '-' ~ -
I HEREBY CERTIFY that on this day, before me, an officer duly $ tntn,tgibte Ta~ ~d.
authorized in the State aforesaid and in the County ~oresald to take Ck~~
acknowledgment, personally appeared
PAUL J..MC DERMOTT, a married man ,
to me known to be the person described in and who executed" the
foregoing instrument and ic~hoWl~i~.,before me that
cxecuted the same. ·
W~T~ESS ~ 'iaaaaa'd ofiJ~i~ seal. in the County and
Addrcn' . ~Z225 North Military trail
~u~ West Palm Beach, Fla. 33409
STATE OF FLORIDA
COUNTY OF PAIM 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
BEITY J. CCRSARO, a married woman
to me known to be the person described in and ~no executed the foregoing
instrument and she acknowledged before me that she executed t~e same.
WITNESS myhaD~and official seal in the Ccunty and State last
aforesaid this
R;.=.C6)RO VERIFIED
PALM 8EACH COUNTY. FlA.
JOHN 8. DUNKLE
~LERK CIRCUIT COURtJ'
PREPARED
WALTER K. BLACKWELL, ESQ.
Friedrich, Blackwell & Mikos, P.A.
2900 East Oakland Park Blvd.
Fort Laud~rdale, Florida 33306
.......... 222222222 .......
CORRECTIVE WARRANTY DEED
THIS WARRANT"~ DEED, made this ~ day:of O~o~.,~--- , 1990,
BETWEEN THE GRANTOR: BETTY J. CORSARO, a married woman and PAUL
J. McDERMOTT, a married man ·
AND THE GRANTEE:THOMAS G. KANE,'whose Social Security Number is:
265- and whose post office address is: 10355
lOOth ton Beach, Florida; of the CoUnty of Palm
WITNESSETH, That said Grantor, for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and
valuable considerations to said grantor in hand paid by. said
grantee, the receipt of which is hereby acknowledged, has
granted, bargained and sold to said grantee, and grantee's heirs
and assigns forever, the following described land, situate, lying
and being in Palm Beach County, Florida, to-wit:
From a point on the original East right of way line of U.S.
Highway No. 1 (State Road No. 5), said point being located
300 feet southerly, measured along said right of way line,
from the intersection of said right of way line with a line
parallel to and '579 feet South of the North Line of said
Section 4, run North 89 degrees 15 minutes 55 seconds East
along a line parallel to the North line of said Section 4
for a distance of 10.09 feet to a concrete monument and the
point of beginning; thence continue North 89 degrees 15
minutes 55 seconds East along a line parallel to the North
line of said Section 4 for a distance of 139.91 feet to a
concrete monument; thence run South 17 degrees 10 minutes
25 seconds. West a distance of 180 feet tO a concrete
monument; thence run South 89 degrees 15 minutes 55 seconds
West for a distance of 134,64' feet to a concrete monument
and a point on the existing East right of way line of U.S.
Highway No. 1, which said point is 15.36 feet East of, as
measured along a continuation of the last course, the
original East right of way line of said U.S. Highway No. 1;
thence run in a northerly direction along the present
easterly right of way line of said U.S. Highway No. t and
along arc of a curve concave to the West and having a
radius of 11,509.2 feet for an arc distanc~rof 178.44 feet
to the point of beginning; said parcel of land being in
Government Lot 1, Section 4, T46S, R43E, Palm Beach County,
Florida.
PARCEL IDENTIFICATION NUMBER: 43-46-04-00-004-0340
THIS IS A CORRECTIVE WARRANTY DEED CORRECTING THE LEGAL
DESCRIPTION REFLECTED IN THAT CERTAIN WARRANTY DEED BETWEEN
THE PARTIES HERETO DATED 9/21/85 AND RECORDED IN O.R. BOOK
4681, PAGE 0752, PALM BEACH COUNTY PUBLIC RECORDS.
This conveyance i? made subject to restrictions, reservations,
easements and limltations of record, if any, provided that tgis
shall not serve to reimpoSe same, and subject to zonlng~.3
ordinances and other requirements imposed by governmental
authority, and subject to real estate taxes for the current year
and subsequent years. The Grantor does hereby fully warrant the
title to said land, and will defend the same against the- lawful
claims of all persons whomsoever. Grantor and.Grantee are used
for the singular.or plural, as the context requires.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and
(PAGE ONE OF TWO PAGES)
Signed, sealed and delivered
he presence of'.
---?i'tnev'. i / '/ '
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY ~hat on
authorized to take acknowledgme~
CORSARO, a married woman, to me
in and who executed the foreg
before me that she executed the
PAUL J. M~ERMOTT
County of Volus~a
State of Florida
Signed thi~ 9th day of Ocgober, 1990
tlOTARY PUBLIC STATE OF FLORId)/%
MY COleISSIOH EXP, APR.IO, lgg~,
BOflDEB THRU GEItERAL IHS. UNO,
Notary blfc
this day before me, an officer duly
.ts, personally appeared BETTY J.
known to be the person described
,lng instrument and acknowledged
WITNESS, my hand an~ official
aforesaid this ~--'" day of
My Commission Expires-.
tlot,q~ Public, Stale of Flo~da
My Commission Expires June ;~o
STATE OF FLORIDA
.in the County and State last
, 199o.
Nbta~y Pub~d// ' L// '
COUNTY
I HEREBY CERTIFY that on this day before me, an offiCeruLdUlyj_
authorized to take acknowledgments, personally appeared PA
McDERMOTT, a married man, to me known to be the person~ descrlb, d
in and who executed the foregoing instrument and acknowledged
before me that she executed the sa~e. - .... -
My Commission Ex.p. ir~s
ltot~r~ I%blk, Side ol FI~
My Commission Ex,res June
Friedrich, Blackwell .Mikos, P.A.
2900 East Oakland Park Blvd.
Fort Lauderdale, Florida 33306
AFF I DAV I ~'
STATE OF FLORIDA
COUNTYOF BROWARD
COMES. NOW, the Affiant, THOMAS G. KANE, JR., who first being
duly sworn under oath, deposes and states as follows:
1. The Affiant, THOMAS G. KANE, JR., is one and the same as
the THOMAS G. KANE, owner of that~certain property described on
Exhibit "A" attached hereto; as reflected in Warranty Deed dated
September 21, 1985 ~nd recorded in o~R. Book 4681, Page 0752,
Palm Beach County Public Records.
2. The father of THOMAS G. KANE, JR., to-wit: THOMAS G.
KANE, SR., died on Janauary 28, 1990 and THOMAS G.-KANE, SR. was
neither the Grantee in the above referenced Deed nor did THOMAS
G. KANE, SR. ever have any interest in or to the property
described under Paragraph 1 above.
3. The purpose of this Affidavit is to clarify any
ambiguity resulting from the use of the name THOMAS G. KANE in
the above mentioned Warranty Deed, and to confirm that the THOMAS
G. KANE therein is one and the same as THOMAS G. KANE, JR., the
'Affiant herein.
FURTHER AFFIANT SAYETH NOT.
.THOMAS G. KANE, JR.
SWORN TO AND SUBSCRIBED
before hie this ~ ~d
day of October, 1990.
My Commission Expires:
PLEASE rlI~rURN TO:
WALTER K. BLACKWELL. ESQUIRE
2900 F.A$1 OAKLANO PARK FJOIflEYARI)
FORI LAUDEflOALF, FLORIDA
George W. Mati~ws III
Kathtyn M. Sakabcin*
*also admitted in Pennsylvania
MA THEWS & JAKABCIN
Attorneys at Law
Suite 104, Congress Center
1325 South congress Avenue
Boynton Beach, Florida 33426
ATTORNEY'S OPINION OF TITLE
To:
City of Boynton Beach, Water Dept.
124 E. Woolbright Road
Boynton Beach, FL 33435
Attn: Peter Mazzella
RECEIVED ,r,',.,,.,, 0 1995
Boynton Beach: (407) 738-5501
Boca Raton: (407) 391-4}995
All other areas: (800) 3830112
Facsimile: (407) 738-2242
Legal Description:
See Exhibit "A" attached hereto and made a part hereof.
Fee Simple Owner of Record:
Thomas G. Kane
1
Mort a es' SunBank/South Florid National As ' '
BOeC:~etio23u~: 9F~i~dO~f ~ivialn :~oora'~ ~ I ~k; .6nn2c~:~~~!!i iR.2; clo9r~: 'or;~jdmed
Liens:
There are no outstanding liens filed of record.
5. Effective Date:
November 27, 1995 at 11:00 p.m.
~ Ge~ge W. Mathews III, Esq.
EXHIBIT "A"
Ftm a point on the original East right, of ,a! line of U.S. ltighua! Ilo. I (State Road Ilo. S), sai4 poin% being
located 3(]0 feet southerll, measured aloug sa~d right of ,a! line, from the intersection of s~4 right of
]/ne eith a Line parallel Co and 579 feet South of the ~orth Lime of s~id Sect.ton 4. run l~orth 89 4eg~es
miautes 55 seCOnds East along a line parallel to the ]Jorth Line of said f~;ciou 4 for a distance of 10.09 feet
to a concrete ~onunent end the point 0£ be~tM_l th,~:e muttnue l[orth 89 degrees 15 minutes 55 seconds East
along a line parallel to the North Line of ~id Sectica 4 for a distance of 139.91 feet ~o a concrete ~onument;
thence run South 17 degrees 10 ndmites 25 secmds ~lest a distance off 180 feet to a concrete ~onunent; thence
run South 89 degrees 15 ninutes 55 seconds ~est for a distance, of 134.64 feet to a concrete uoo,-~-t and a
point on the existing Fa~t right of ual Ltue o1[ U.S. Hlgbua! No. 1, vhich said point is 15.36' feet East of, es
neasurecl along a continuation of tim last course, the original East right of ua! Line of said U.So Highua!
1; thence run in a northerly di~ctica along the present eesterl! righ~ of ua! line of said U.S. Rtghua! l~o.
end along arc off a curve amcave to the ~est end having ~ radius of~ 11,509.2 feet for an acc dta-tance o£ 178.44
fleet to the poin~ of be~!--~-g; said parcel of land being in ~over~M-t Lot 1, Sectioa 4 T4~S, R43E, Palm