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RESOLUTION NO. R04- i ~"I
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR
WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND KAREN CRICKENBERGER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
a, ater and sewer service area, for the property located at 1065 James Road, Lantana, Florida
iHypoluxo Ridge LT 19 (less E 20 Ft) & E 40 Ft of Lt 20); 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
me 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 Karen Crickenberger,
\CALRESO~Agreements\Water Service\Crickenberger Water Service Agr.doc
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[~;aid Agreement being attached hereto as Exhibit "A".
~ Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~t O day of July, 2004.
CITY OF BOYNTON BEACH, FLORIDA
? .~
, ~--'27
, or / ,,, ., ,,
_~~h~i~sioner~
Com{nis~io~
ty~lerk
:\CALRESO~Agreements\Water Service\Crickenberger Water Service Agr.doc
OR BK 17340 PG 0511
RECORDED ~8/~3/2~4 ~:45:47
Palm Beach County, Florida
Dorothy R ¥ilken, Clerk ot Court
THIS ~STR~ENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Office of the City Cierl~
City of Boynton Beach
P. O. Box 3i0
Boynton Beach, I:lorida 3342~
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
,//~?,,vTHIS ~GREEMENT made on this//J2 day of .~7~/v'~ ,200_~ by and between
t"~-,, k ~'~-~,~. e~- ---- h'ere~llcd ~e "Customer", and th~
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 from its Municipal Water
System to sexvice 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 I,/'~ 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 confon-qance 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 rights-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 suchiannexafion 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 tl/¢ 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.
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9. Annexation is intended to be and is hereby made a covenant mnhing 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 temfination 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 fire.
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 WITNESS WHEREOF, the parties hereto have set their hands and seals this__
~ 200
dayof
WITNESS:
/~Itne~ Signature/- -
Printed ~itness Name
Wimess Si~e
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
Owner ~ignatu~d --
Printed Owner Name
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Witness Signature
Owner Signature
Printed Wimess Name
Printed Owner Name
Witness Signature
Printed Wimess Name
FOR INDMDUAL (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
aforesai,d_/and in~e Czoun~ aforesaid to take acknowledgments, personally appeared
//$ff/~zf/ ~ ~ta/? ~C.-~%,~ ~- to me known to be the
person(s) described in and who exeaa~fed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proofofidentification: .~/~/?/~/a F~/g/t2 g£'s ]~ ~'(:F/7~ C
WITNESS my hand and official seal in the County and State last aforesaid this /0~ ~day of
,200 .
(Notary Seal)
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Ci.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 acknowledgr~, ents, personally appeared
?rry , Mayor and (]--ct/4E~ ft'~tx, ~-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 wimesses fi:eely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the tree 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 2~,4~ day of'
(Notary Seal)
Approv~ as to
J~ k.Ci~ A~ome~
Notary Public
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THIS INSTRUMENT PREPARED BY:
Joslas & ~mr~ P.A.
Sui~ 200
lllllflll lllfllillllfllllillllllflll8
CFN 20040446194
OR BK 17340 PG 0516
RECORDED 08/03/2~ ~:45:47
Palm Beach County. Florida
Dorothy H Wilken~ Clerk o~ Court
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
U
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 mai 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 be in full force and effect on th® I~ c~ day of
-O-~r~ ~ , 20~¥ and the powers and authority shall be irrevocable by
Grantee.
day of
IN WITNESS WHEREOF, we have hereunto set our hands and seals the /ac r.~ -;]/< n ( . , in the year two thousand and /cO ~<c- .
Sealed and delivered in the presence of
Witness,~i~'nature ,/-' '
£Print'ed W'itr~e~s Name -
Printed Witness I~lame
Owner Signature
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 INSTRUMENT was acknowledged before me this ! ~ 4-
~ day
, who .are known to me or w~o have produced
-/~/,~,7/,, ,0~, ,,,,~ ~ / W' r'f/~ t', as identification and who did/did nottake an oath.
.,,~i;:,, Barbara M. Madden
....-:~%..cmm~o~ # Dmz--_~?~ NOTARY PUBLIC
Commissi0mNo.
My Commission Expires:
POA. IND
1 in. = 177.0 feet
~ ~1 6190 5170 0020 00t0 ~ 01t0
~LUXO RD , ~~O
~ ~ L 0150 00t0
2. Ic270
0260 O~ 0080 ~70
I
0010 ~030b040 ~0 0070 00(~ 0100
0260 0240 0220 0200 0._~1~1 0190 0160 0t40
)270)280,0290;)3(X) )3100320 3330 0340 0351 0380
0500 0480 04'/0 9460 0442 0431 0420 0400
Palm Beach County Property Appraiser Property Search System Page 1 of 2
- Property Information
(_gary R. Nikolits, CFA
Palm Beach Coun~ Property Appraiser
Public Access System
Location Address: 1065 JAMES RD
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45o09-03-000-0191
Subdivision: HYPOLUXO RIDGE IN
Official Records Book: 07415 Page: 1431 Sale Date: Sep-1992
Legal Description: HYPOLUXO RIDGE LT 19 (LESS E 20 FT) & E 40 FT OF LT 20
[Show t4ap.:I
-Owner Information
Name: CRICKENBERGER KAREN
Mailing Address: 1065 JAMES RD
LAKE WORTH FL 33462 5342
-2003 Certified Appraisal
Improvement Value: $88,708 Number of Units: I lstructural..-I
Land Value: $14,976 * Total Sq. Ft: 2026 [ Extra...
Market Value: $103,684 Acres: .20 [ Land...
Use Code: 0100 Description: SINGLE FAMILY
* in residential properties may indicate living area.
-2003 Certified Tax
Ad Valorem: $930.16
Non ad valorem: $192.00
Total: $1,122.16
~ ~Tax' Calcu!;to~'I
[ I~et;i,... I
-2003 Certified Assessed & Taxable Values
Assessed Value: $72,571
Exemption amount: $25,000 (2003 Exemption)
Taxable: $47,571
-2004 Exemption(s)
Regular Homestead: $25,000
TOTAL: $25,000
-Sales Information
Sales Date B_~ook ParLe Pri~c_~e Ipstrum~e_nt Owner
Sep-1992 07415 1431 $80,000 WD
Nov-1991 07035 1648 $100 QC
Aug-1984 04325 1058 $100 WD
Print Information
http://www~c~a~m-beach~.us/papa/m~jn/detai~-inf~asp?p-en~ty=~4345~9~3~9~ 6/18/2004