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R03-179RESOLUTION NO. R03- I -]'q A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND BARBARA T. CLOUGH; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge Stove), which is located in the San Castle/Ridge Grove project area; and WHEREAS, the subject parcel contains a single-family home, and only potable water is available for connection to the property at this time; and WHEREAS, City policy requires annexation of the property to be serviced at the ~arliest practicable time, as a condition of the granting of water services outside its Jurisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Manager is hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Barbara T. Clough, said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. ~:\CALRESO~Agreements\Water Service\Clough Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Office of the City Clerk City of Boynton Beach P. O. Box 310 IIl llllllNlllllllllllllii 12/22/2003 09:25:25 20030782961 OR BK 16343 PG L584 Palm Beach County, Flo'eida Boynt0[~ Beach, Florida 334~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this r/%ayof (C~ 'C~~ ,2003 , by and between ,t~,~,~,~.~ 7" <~Z,,~,..~ ~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a/municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service fi.om the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service fi.om its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (ExhibitA) ltS~ /~,~t,/,,,.d ,4d..~ 1..,,-,,~,,,,~j toc~ cc qj ,is~o? ag' o<, 2. The Customer and the City hereby agree that there are ] Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations O 7J~ THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Joslas & Goren, 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Office of the City Clerk City of Boynton Beach .P. 0. Box 310 Boynto~l Beach, Florida 12/28/8003 09:25:25 80030782962 OR BK 16343 PG 1589 Palm Beach County, Flo'cida IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, ~c~ ~. ~_ ~ ~ ~[- ~__./(o u~ ~,.~.. , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and la~ul aEomey in fact for Grantee and in Grantee's name, place and stead, for the sole pu~ose of executing on behalf of Grantee the power to initiate, maintain, and complete a volunta~ petition for annexation of the real pmpe~ described heroin into the CI~ OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOYNTON BEACH full and complete autho~ to act on Grantee's behalf to accomplish annexation by any available means. The mai pmpe~ which is the Subject of this power is described as follows: i~ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~.:/t/~ day of ,~ ~ -- , 20c7> and the powers and authority shall be irrevocable by Grantee. PASSED AND ADOPTED this ~" day of November, 2003. CITY BO B CH., FLORIDA V' Commissioner :\CA\RESO\Agreements\Water Service\Clough Water Service Agreement.doc Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikollts, CFA Palm Beach County Appraiser Public Access System Hl~r~perty Information Search Location Address: 1155 HIGHLAND RD Search Result Municipality: COUNTY OF PALM BEACH Property hlform~lel Control Number: 00-43-45-09-08-000-0750 Owner Information Subdivision: RIDGE GROVE IN Structural Detail Official Records Book: Page: Extra Features Legal Description: RIDGE GROVE LT 75 Sale Date: Land Detail Tax Detail it'lwn~r Infnrm~tinn tint Information Name: t,.~ ;i ;. ~ ^"'~ress' Property Appraiser Home CLOUGH BARBARA T 62 MARKET ST # 1 AMESBURY MA 01913 2424 $52,420 Number of Units: I [ Structural... $11,520 Total Sq. Ft: 1146 J Extra... $63,940 Acres: .00 [ Land... 0100 Description: SINGLE FAMILY - 2003 Proposed Appraisal Improvement Value: Land Value: Market Value: Use Code: - 2003 Proposed Tax Ad Valorem: $1,250.21 Non ad valorem: $192.00 Total: $1,442.21 r Detail... 1 -2003 Proposed Assessed & Taxable Values Assessed Value: $63,940.00 Exemption amount: $0 (2003 Exemption) Taxa ble: $63,940.00 Exemption Information Unavailable. Sales Information Sale~ 0~e Book Page Pri~e !~r~me~t Jan-1998 10226 223 100 QC Jan-1979 03011 1111 27000 00 Jan-1976 02510 0665 17000 Jan-1973 02252 1088 15000 VVD Owner CLOUGH BARBARA T Print Information I Home I Back I I Search I I Search Result ~'~/-"'~--~ Please send us your feedback Coovrioht © 2002 bv Palm Beach County Pror~ertv AoDraiser http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=O043450... 10/17/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 1 Show Drawing / Map I ~ [FSubareas for Building 1 Subarea Sq, Footage AS BASE AREA CB FINISHED CABANA Total Area Percent 926 00 220 00 1,146 Effective Area 00 00 Area Under Air 00 00 -Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE FLAT ROOF COVER BUILT-UP T/G=1.00 INTERIOR WALL-1 PLASTER= 1,00 INTERIOR WALL-2 N/A FLOOR TYPE-1 CARPETING= 1,00 FLOOR TYPE-2 N/A YEAR BUILT 1955 EFECTIVE YEAR 1965 TOTAL ROOMS BED ROOMS 2 FULL BATH 1 HALF BATH 0 BLDG USE 0100 STORIES 1 [ Show Drawing I Map I Print Information http://www.co.palm-beach.fl.us/papaYmain/struct_detail.asp?entity_id=004345... 10/17/2003 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Office of the City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this t-/~a~day of (~~'_ . ,200 3, by and between ~,~.~ ~" ~Z,,,~.~ ,~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a/(-nu~icipal corporation of the State of Florida, hereinafter called the "City". - ' WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service fi.om the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service fi.om its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (ExhibitA) ltS'T" /4,~l, lo,,.d /,Id..~ l_,,^~^o,..; pc.o' o'o qJ ,4s'~o~ ,~g' oo~ 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conform ,ance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiting the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, 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 necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended fi.om the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. 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 applicable which may be changed from time to time. 7. Any tights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation ifand when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to th~ property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set theirhands and seals this ~ dayof ,200 . WITNESS: Witness 8igna~e / 6, Printed Witness Name Witness Signature Printed Witness Name INDIVIDUAL(S) AS OWNER(S): Owner Signature Printed Owner Name ! Vv~it~/e's ~ S~gnature7 Printed Witness Name Witness Signature Printed Witness Name Owner ~ignamre - ~ Printed Owner~an~ FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: 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 '~r/,~-~_ t"~', Glo,, r/._ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was Eersonally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this__ 0~4-, L ~- ,200_3. ~"~ dayof (Notary Seal) Notaryl~ubli~ M~t e.,,,,,,',~,o,, ~,>-e.o WITNESS: CITY OF BOYN~T. OI~ BEACH, FLORIDA /) Mar I ATTEST: STATE OF FLORIDA ) ) SS: 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 zerry y/or, Mayor and O-awe-~- ~4/~,'/-o , City Clerk respectively', of the City named in the foregoing agreement and that they severally acknowledged executing same 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 affixed thereto is the tree corporate seal of said City. WITNESS my,hand and official seal in the County and State last aforesaid this ,/7q~ dayof A/v e' i ,e t-- , 2o . (Notary Seal) II ,,,~:'.~:,, '~'mnm.u~ 'Ii MY COkIIVlISSION # CC 913630 Il I1¥~ EXPIRES: February24, 2004 II Approved as to form: ~,C~y Attorney Notary'"'P"ub'l{c -- ' - - - 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY Of I/We, ~ .F ~_ ~,~,-c( "T ~7//, e~. c ~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CI~ OF BOYNTON BEACH, FLORIDA, tree and la~ul a~omey in fact for Grantee and in Grantee's name, place and stead, for the sole pu~ose of executing on behalf of Grantee the power to initiate, maintain, and complete a volunta~ petition for annexation of the real prope~ described herein into the CI~ OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOYNTON B~CH full and ~mplete authoH~ to a~ on Grantee's behalf to ac~mplish annexation by any available means. The real pmpe~ which is the Subject of this power is described as fo,ows: /4, t l .4 The powem and authori~ of my a~orney, THE CI~ OF BOYNTON BEACH, FLORIDA, shall commence and be in full fome and effect on the ~ ~ day of ~.~ ~ , 20o~ and the powem and authod~ shall be irrevocable by Grantee. day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the C~.~--~-- , in the year two thousand and 43 Sealed and delivered in the presence of ~/itn~s Signature// Printed Witness Name Witness Signature Printed Witness Name Owner Signature Printed Owner Name Witness Signature rinted Witness Name P~inted Owner Name · ~Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) Of THE FOREGOING INSTRUMENT was acknowledged before me this ~O~lay {]~+.~.~.~.., 200..%, by /:~a~64..~ ~ P-t.e,~,l't and _/.~J~,, ~ /5,,,..~ ~u.z_, who are kpow~..~to_me, or who* have produced - , as identification and who~'id/did not take an oath. NOTARY PUBLI[C (~ Type or Pdnt Name9 CommissiOn No. My Commission Expires: z-,-~ - o ? POA. IND 51~1~44(~1 2420 2380 2360 2340 2330 I 2311 2300 ~29{~281~271~!260;~250 2230 ~220 2200 2180 /I ' : I ' ' HI~HVIEW ~ I ~q~ . , I~ · ..?~m .u ~ tM ~IGHVIEWRD f~ o15o // ii ~ / // , II , IH ' ~ t~] JblU 0520 ]541 ]55d I J 0080 1160 1141 MINER RD I MINE~ RD UINER I 0180 ,02~ ,01: 0020 0010] ~ ~ ~ oo~o oo~ 0~80 ~ __ ~ '°3c'°4~I 0150 ;02( PO11)02( mO11 ~ ~ 0030 0040 ~ 1031 1041 1031 PO41 l.~ ~ o~-- Location Map ~00-43-45-09-08-000-0750