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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