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HomeMy WebLinkAboutProperty_Other_12/07/1964 HFT�MC 2-5 12/7/64 (37-291.ww) . � . �ICENSE TO T�UESTA ��iTER G'�VtPAI�Y, I�C . TO L��iY W.�.TER TRA�f:�I�3I�N �I�i�S IA1 �i. PORTION OF PUBLIC. ROA�3S „5�3�3IN : THE, �UB�I'�TISION _ OF . JiIPI�ER HETGI�T'u, FLORIDA GRANTED DECII�dBII2 9, 196 4 K�iO�T ALL MEN BY T'HEST PR�EN'��7: 3'�at �iERF�. �EQUES3'A WA��R �P.A1dY, IATC. , a Florida corporation, ha� fi1�d a petition wit1� th�± Board of Countp Commis�cioners of Pc3,lm Bemeh Courttp� Florida, for a licen�e to C011�'�TL1C't maintain, r�pair, operate �,nd remove }�ipe lines for the transmi�s3on of potable water for human cons�ampti.on under, on, oqer, acras� and along th� rights of wap of a portion of the public road� within the Subdivi�ion of JUPITER HEI�HT�, a wubdivi�ion in Palm B�a�h Co�.nty, Florida, according to the Plat thereof on file in the. � office of the Clerk of tMe Circuit Court in a�d for Psl.m B�ach Countp, Florida, i� P1 at Book ��, Page 69, ass mor� fullp shown on a Plan attac�aed to �aid petitio�, prepar�d by* Wiggins, K�:ith , and Riddell, �ngineers and Surveyors of Fort Laud�rdale, Florida, �zh3:.ch said ro$d,s a,re lo�ated without the corporate limits of any municipality, and WH�REAS, it is made to appear by �aid petit3.on: (a� That it ha� the right and author3.tq to use the utility ea�emenfis in said areas for the installation and mainte- nance of ma3.r�s for the distribution and �ale of water; (b) That in order to more effectively ser�►e a portion of the pn.blic roads within the Subdivi$ion of JUPIT�2 H�I�H'TS, it is neeessaxy and advi�able to p1ac� the tran�mission lines in portion of the public road� within the 5ubdi.vision of �aid JUPITER I3�IC��T�, as indicat�d or� a copy of �aid s�.bdivi�ion in the office of the County Engineers (c) That th� petitioner require� said license for the sale and distribution of water b�r individ�.al. customers; and (d� T�at the granting of �.ch licen�e i� authorized by Cha,pter 23850, General Law� of Florida 1�47, a� amended by C1�apter 57-777, Ceneral Laws of Florida 1957 (5ection 1�5.4�, Florida Statutes 19�9), and this Board has �scertained and BOARD dF COUNTY COMMISSIONER5 PALP7 BEACH COUNTY, FLORIDA -1- determined that said petition for 1i�en�e s�o�ld be qranted in th� intere�t af the publio in aQeorda�c� with the provision� of the above statutory �.nthoritq p�rtaining ther�to, subject to the terms, conditions� and provi�ion� her�i�aft�r set forth; NCJGT, TH�REFORE, `.Lfii� C4UNTY OF P�M B�,C'�T, a pal i t i c�.7. .s�ab - division of the St�te of Florida, acting by and through it� E3oard of County Commi�sioner�, doe� hereby grant unto said TEQtJE�A WAT�.R C�PA�Y, I�TC., a Florida cvrporation, and it� succe�sorg and assigns, a 1ic�nse to aonstr�ct, maintaim, repair, operate and re�move pipe lines for t�e tr�ansmi�ffifo�. of potsbl� water for human consumption under, on, o�vez, acro�s and along the rights of way of a portion of the public road� within the �cibdivision of Jt1PIT�R Ti�I�HT�, sub�ect to th� following terms, conditivn� a.nd provi�ions, to-wa�tt 1. Said licensee �h�l.l t��e a�zid egercise the license herebp granted sso a� to pr�v�nt the creation of <any obatruc�fons or co�ditions which are or may become dangerous to the traveling public. 2, Th� licem�e� is� =equired to r�:pair anp damaqc or injury to the road� or highwaps bp reason of the exercise of the privi- lege� her�l�r grar�ted, and to repair said roads or higltwaps pro�aptlp, re�toring the �ame to a condition �t lea�t equal to that which �xi�ted imm�diatelp prior to th� infliction of $uch damage or injurp. 3. The 1.icensec shall hold the BC3ARD OF COUNTy C(�I�TO�TERS �nd m�mbers th�reof, haz�mles� from the payment of an,y comp�n�ation or damage� resulting fron th� exerci�e o� the privilec,��es granted herebyr. 4. That not�i.ing hereim contained s�m11 be �onstrc�ecl, to m�an that the COUI�TT� OF PALM BEAC�3, FIARIDA, sl�all be r��pona�ible for the maintenance or repair of anp of the streets�, roads, or high- waqs ot the afore�aid subdiv3:sion of Jtl�?TT.�R HEIGHTS. 5. That the licen�ee sha11, at its own expenae, �dju�t the position� and elevations of �the pipes and o�her facilitfe� a� ma.p BOARD OF COUNTY COMMISSIONERS pALM BEACH COUNTY, FLORIDA -2- be required in �onnection with future imprc+vement to, or recon- �t=uction of the road$ and highwaps in �aid �ubdivision o� Jupiter Heights. 6. The license herein granted shall be in perpetnity, �ub_ j eet, l�owever, to t�rmination by th� BOl4RD OF COUI�T`:�Y CfJ�NII�TO�TER� 3n the event a�y part o� the rights of wap of the pnblic rogcl$ in said subdi�rision sha11 be closed, abandoned,. vacat�d or dis- continued. 7• �p utility plac�d upon, nnder, over or along any public road in the Co�ntp that is found by th� County to b� unrea�oaablp interfering in anp way with the co�v�nient, saf� or contiriuous use or mainte�nance, improvenent, eatension or eapa�sion of �uch publ i c ro ad and rel at ed drai.n age, sha7,1 upon thi rtp ( 3 0) day�s' written notiee to the licen�e� or its agen�s, bp the Co�ty Com- m.issioner�, be r�moved or relocated by such licen�ee at its o�n expen$e; a�d in t1�e event such licensee fails or neglects to . remove or reloca,te sncM utilitp witl�in the allotted time, th� Countp sha11 bear the e�pen�e of removal or relocgtion anei sha�].1 have a lien on all propert� owr�ed bp s�,ch li�ensee located within th� Conntp until �su.ch �xpe�se is reimb�.rsed to the County. 8. That mo utiliti�� shall be installed i� any public County right of way, tantil a plar�. a�d �peeific�tion�s �.n �riting have been filed with the Board of Countp Commis�io�ers and approval first obtained. 9. If the 1ic�nsee �ha,ll violate amy of the term� and condi- tions of this lic�n�e and s�a11 not correct or remedy �ame �ithin t�n (10) d�,qs of receiving notice from the Board of County Con- mis�io�.ers or one of it� dul� authorized repre�sentativ�*s, then and in that event �$id Board at it� option, map revoke, cancel �d terminate thi�s 13cen�e. 10. Tn the event that t�,iis licen�e is a��igned, it shall be the dut� of th� licenssee within ten (1C1) day$ after th� effeative date of $n a�signment to advi�� the Board of County �ommi�sioners of the nam� and mailinq addr��s o� the a�ssignee. BOARD OF COUNTY COMMISSIONERS PALM BEACH COUNTY, FLORIDA ��� 11. ':1'hat the license hereby granted shall become operative when the acceptance hereof in accordance with the con ditions and provisions herein contained shall be endorsed hereon by said licensee. 12. The licensee, on Board of County Commissioners' demand shall, at its expense, promptly correct any utility that in the Board's opinion caused or contributed to the damage or failure ot any public road, street, alley, parking area, easement or the like, or the drainage facilities related thereto. The licensee shall in such case also at its expense repair the damage or failure sustained by the public road, street, alley, parking area, easement or the like, or the drainage facilities related thereto. IPT i�ITNESS WHEREOF, the BOARD OF COUNTY C�IlvIISSIONERS OF PALM BEACH COUNTY, FLORIDA, has caused this license to be executed in the name of the County bp the Chairman of the BOARD OF COUNTY COMMISSIONERS, its seal to be affixed, and attested by its Clerk, all pursuant to the resolution of the BOARD OF COUNTY COMMIS- SIONERS, adopted on the 7th day of December 1964. COUNTY OF PALM BE , FLORIDA � � r` � " �' �/ ...• _ C ' .��.-� ' (SEAL) �hairman � BOARD OF COUNTY CONIMISSIONt,RS "' . l a ATT�ST : J. AL� ARNETT��, CLt;RK ""� �' � _ _�, � 2 64 � �,� `�c.,"�, /� �� . ...�„-�:'`� �_. ���. Deputy Clerk � , 9�uty �tto�at� Signed, sealed and delivered �� in the pre ce of: t i _ ____ , . � -Lz, �, � �� � ,�_ ,c c; -��, �_ __ � _ L BOA,RD OF CC�UNTY COMM!SS(ONERS PA.LM1 HEACH COUNTY, FLORIDA ��� STATE OF FLORIDA � ) COUNTY OF PALM B�CH ) On the �� day of December, A.D. 1964, befoxe me, a Notary Public of the State of Florida, personally appeared .�DWARD BANDLOW and HELEN K. BAKER, to me known and known to me to be the Chairman and Deputy Clerk respectively, of the BOARD OF COUNTY COMMISSIONERS OF PALM B�ACH COUNTY, FLORIDA, and they did acknowledge to and befor� me that they executed the foregoing license in the name of said BOARD Or' COUNTY CONIlVIISSIONERS, and affixed thereto the official seal o� the County, as the act and deed of said County by virtue of the authori�y in them vested by the action of the members of the said BOARD OF COUNTY COMMISSION�Se IN WI'1'NESS WHEREOF, I have hereunto set my hand and affixed mp official seal the day and year first above written. .e ' y � � otary Pu lic, State of Florida (N.P. SEAL) at L�ge -= � �, r __ My Commission e�ires: �.�...; : ,�� r . � ,_ •• . .�- �:;�:�„ry !=u6iic, Staje oi �iari�a at f.arge " �Ay Com�siss,un Expires Aug. 20, 14b5 -���., . Bonded By Amcrican Fire 2+ Caswlly Co. BOA.RD GF COUNTY COMMISSIcONERS PA.L��1 8ElACH COUNTY, FLORIDA -5- 1 ACCEPT�NCE OF LICENSE Tt�QUESTA WATII2 CC�MPANY, INC., a Florida corporation, hereby accepts the foregoing license, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at J�i'y-=-c�'`-�-'��- , Palm Beacn County, Florida, this � i /1 � .,C_/ �. day of December, A.D. 1964. � . � -�i �� :� TEQ TA WATER COMPANY, TN . ��ORP�RATE SEAL) gy ATTEST: ident • V' . ecretary Signed, sealed and delivered in the presence af: -�,� _ - '�� , , �.,` .�.� -,-�,_ ?/'-i -�' ' ::,�� � � -( !� / STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, an officer authorized to take acknowledgments ot instru- ments according to the laws of the State of Florida duly quali- fied and ctin hereby certify that GEORGE W. OFFUl"1', :3rd �d J. �. OF��JTT , as President and Secretarp raspectively, of TF.QUESTA WATER COMPANY, INC., a Florida corpora- tion, to me personally known, this day acknowledged before me that they executed the foregoing acceptance of license, as such officers of said corporation, and that they affixed thereto the otficial seal of said corporation for and as the official act of said corporation. IN WITNESS WHEREOF, I hersunto set my hand and official seal at �-�"�����---�=-_�- , Palm Beach County, Florida, this ��. day of December, A.D. 1964. _ ._ _ . otary ublic, State o-' orida (N,P.SEAL) at Large ' My commission expires: `' � Notary Public, Stzte of Florida at Large _ ��� ` _ �Y Commiss;on Expires April 27, 1965 ' ;V '-�' ^, .=, � � Bonded by American Surety Co. of N. Y_ - < `•- , , r '!. , ` _ + 'C ' � � " . BOARD OF COUNTY COMM1551pNERS PA��M 6F.ACFi COUNTY, FLORIDA -6-