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R04-091 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R04- Oc~ I 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 PATRICK WEBSTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our ~vater and sewer service area, for the property located at 1180 Ridge Road, Lantana, Florida Lot 130 & W V2 of Lot 131, Ridge Grove); and WHEREAS, the parcel covered by this agreement contains a single-family home, and [re located in the San Castle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this ime due to recent water main improvements constructed by Palm Beach County as part of a teighborhood improvement project; 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 urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF [~HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ~eing true and correct and are hereby made a specific part of this Resolution upon adoption ~ereof. Section 2. The City Manager is hereby authorized and directed to execute a Water ;ervice Agreement between the City of Boynton Beach, Florida and Patrick Webster, said :\CA~q. ESOXAgreements\Water Service\Webster Water Service Agr.doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ( 25 26 27 28 ~greement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this [ day of June, 2004. C1TY OF BOYNTON BEACH, FLOR[DA °m- 5 ;:\CAXRESOXAgreements\Water Service\Webster Water Ser,,ice Ag.doc Roq-oq THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this__ day of ,200 , by and betweer~. '~v~r-, ~ Z3./e~--/ge4.~ 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 from 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 from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the CitY hereby agree that there are o~, 0Equivalent 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 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 requiring 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 from 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 fights-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 if and 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. 9. Annexation is intended to be and is hereby made a covenant rur~ing with the land described in paragraph 1 above. This Agreement and the power ofattomeyreferenced 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 the property which is the subject of this Agreement. IN W~ITNESS WHEREOF,.the parties hereto have set their hands and seals this / ~, day of - WITNESS: ~itness Signa/ture Prir[ted Witness Name INDIVIDUAL(S) AS OWNER(S2L.' Owner Signature Printed Owner Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name 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 aforosaid~,[.t__~lcand/~p,. -~t~ Co.u~l, ty,,/~.L_.aforesaid to take acknowledgments, personally appeared ,. I,~L2-~Si ~_~- tomeknowntobethe person(s) described in and who executed the foregoing instrument that heJshe acknowledged before me that he/ah(executed the same; that the individual ~I:,=~-~.,,.::: '~ ....... :..--~ or provided the followingproofofidentification: t~/. br-[.to, g dU /:.~ ,_B--d ZcS'- (~ '7'- "Z.-q~'~''- i7'~ /.?WIT~ESS my hand and o .ffi/cial seal in the County and State last aforesaid this r,/ ,200_V (Notary Seal) __ day of CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City, Clerk 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 ., Mayor and ., 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 true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this__ ,200 . dayof (Notary Seal) Notary Public Approved as to form: City Attorney THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Joslas & Gomn, PA. 3099 East Commercial Blvd. Suite 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FL(~RI?A ,~ COUNTY OF /~-~ ~Fvl ~'~_~.~, ©._{~ '/~, ~:':t~'/", C/~ 'T ~/'-~° 5 f~-/'-, hereinafter 'Grantee', hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and ~_~r,/ , 20~.__~ and Grantee. be in full force and effect on the the powers and authority shall be //~ dayof irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the day°f ;.~t~ F'~/. , in the year two thousand and '~-~0(xK- Sealed and delivered in the presence of 'Witness Signat~Jre Prin~'ed W~ness Name Owner Signature Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ^ THE FOREGOING INSTRUMENTwasacknowledg..e..d before.me this /~, day of ~, £,/ / , 20~),f/', by ../r/c~ -/7'~_/~ '.J'- ~/'~ ~--~)~'7~'~ ~ and / ">~1 /c-~. , .~...-~5-~ ~¢= _~,,,,~,: '[:. :..,b-_~.~ who have produced ~/---~r-. L4 ~:. ~' ~/,'.~._3--~ 7~'~- , as identi~ca~ion and who did/d,~d n.qt take.an,~th. .'~ BONNIE GLINSK1 I ,~C~'~ , NOTARY PUBLIC _, / /_.~ ~ ~. MY.COMMISSION $' DD 0~851. ! ,~;'~o,....~ ~.~.=,,~,~,,~ Type or Print Name Commissi°n,~No. My Commission Expires: POA. IND Service Request- New Location Customers requesting water service to a location not yet serviced by the City must pay all applicable fees before service will be offered. If the new service location is within the scope of our service area but outside Boynton Beach City limits, they will be required to pay the following: · CAPITAL FACILITY CHARGE - based on size of dwelling, see Ordinance 90-35. · CONNECTION FEE - based on size of the meter. · METER DEPOSIT - based on size of meter, serves as security for the charges on the water account. If the service location is within the City limits, they will be required to pay only the connection fee and meter deposit. The City's Building Department collected the capital facility fee when the building permit was issued. For existing property that has been on well and/or septic, Cap fees will need to be collected. Once all fees have been paid, the customer must coordinate the installation of water service with the Utility Department's Water Distribution Division. The customer's property must meet all requirements regarding the meter box and the water and sewer service line connections from the building to the point of connection with the City. An inspection will be made by the Utility Department to detcmfine if and when the property may receive water service. I in. = 174,1 feet 0200 0210 0060 {){)TO 0080 0090 0100 0110 0120 0130 0160 0091 e HIGHLAND RD O96O 0170 1360 0180 t610 1390 0140 1040 Location Map- Exhibit "A" e'a~m Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information- Gary R. Nikolits, CFA Palm Beach County Property Appraiser Pt~ blic Access System Location Address: 1180 RIDGE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-08-000-1300 Subdivision: RIDGE GROVE IN Official Records Book: 15645 Page: 194 Sale Date: Jul-2003 Legal Description: RIDGE GROVE LT 130 & W 1/2 OF LT 131 ~ ~4~ow Map..] IOwner Information Name: RODRIGUEZ JOSE Mailing Address: 1180 RIDGE RD BOYNTON BEACH FL 33435 -2003 Certified Appraisal Improvement Value: $65,233 Number of Units: 1 [structural...! Land Value: $14,976 * Total Sq. Ft: 1624 [ Extra... ] Market Value: $80,209 Acres: .00 [ Land... I Use Code: 0100 Description: SINGLE FAMILY * in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $1,568.33 Non ad valorem: $192.00 Total: $1,760.33 ~ ['rax C~c'h.t°rI -2003 Certified Assessed & Taxable Values Assessed Value: $80,209 Exemption amount: $0 (2003 Exemption) Taxable: $60,209 Exemption Information Unavailable. -Sales Information Sa[e_s~D_a~te~ Book page Price Ins~trume_nt ~w~ne_ r Jul-2003 15645 194 $72,000 QC Oct-1998 10747 1599 $75,000 WD Sep-1998 10676 1045 $100 WD Feb-1998 10362 391 $39,500 WD Jun-1997 09966 1281 $100 WD Jun-1995 08870 1390 $15,000 WD Nov-1994 08520 0483 $15,000 WO Jan-1994 08078 1960 $1,000 CT Aug-1987 05404 0056 $55,000 WD Dec-1983 04106 0676 $49~500 RD RODRIGUEZ JOSE PRESSEY SANDRA HOLLOWAY GARY W http ://www.co.palm-beach.fl.urdpapa/main/detail_info.asp?p_entity=O04345090800013 O0 5/6/2004 iliiilllllllllllllilllllll THIS INSTRUMENT PREPARED BY AND RETURN TO: Marni B. Belkin, Esq. Fortune Title Services, L.L.C. 1489 West Palmetto Park Road Boca Raton, Florida 33486 RECORDED ~4/28/2~4 12:23:56 Palm Beach County~ Florida AMT ~, ~. ~ D~ Stamp 672. ~ Dor~th~ H W~ken~ C~k ~ Cou~ Property Appraisers Parcel Identification (Folio) Numbers: 00-43-45-09-08-000-1300 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 13th day of April, 2004 by Jose Rodriguez, a single man, herein called the grantor, to Patrick Webster, a single man, whose post office address is 1180 Ridge Road, Boynton Beach, Florida 33435, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs. /egal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum ofTEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby gran~, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of Florida, viz.: LOT 130, AND THE WEST HALF OF LOT 131, OF RIDGE GROVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, AT PAGE 8, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and to taxes for the year 2003 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor.hereby cov:cnants~vOthsaid grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authori~ to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.  ~[ ~ ~~ered in the presence of: Witness ~tl Printed Name Witness ~2 Signa~re Witness ~2 Printed Name Jose RodrigU~z 947 Isles Road, Boynton BeachJ~lo.odff~/~435C~'~ 947 Isles Road, Boynton Beach, Florida 33435 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me th, is 13th d~ty of April, 2004 bv Jose Rodriguez who is personally known to me or has produced ~. ~-')~"~? z-J c e, ~' ~ as identification. PrintedNotaWN~e - ~ My Con~ission Expires: ~ _ 9 ? c 3 File No: 04-0191