R04-146
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THIS INSTRUMENT PREPARED BY: c:.
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James A. Cherof, Esquire Office of the City Clerk il
Josias & Goren, P.A. City of Boynton Beach
3099 East Commercial Blvd. P. O. Box 310 ,'=' I
Suite 200 Boynton Beach, Florida 33421 n
Ft. Lauderdale, FL 33308 ;~
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AGREEMENT FOR WATER SERVICE OUTSIDE C c
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THE CITY LIMITS AND COVENANT FOR ANNEXATION ;:¡'zs
THIS AGREEMENT made on this ~ day of ~ 200~, by and between ;';
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CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called I
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
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Boynton Beach, Florida; and !<
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WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water ....
service to the property owned by Customer; and I
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 consi deration of the privilege of receiving water service ttom
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 rrom 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 «. 0 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
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1 RESOLUTION NO. R04- ,...<ø
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER I
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6 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT i
7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
8 BEACH AND JOHN A. RANY AK AND LORENA E.
9 RANY AK; AND PROVIDING AN EFFECTIVE DATE.
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13 WHEREAS, the subject property is located outside of the City limits, but within our
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14 I water and sewer service area, located at 1216 Highland Road, Lake Worth, Florida (Ridge
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i Grove LTS 91 & 92); and
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16 I WHEREAS, the parcel covered by this agreement includes a single-family home
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17 located in the San Castle/Ridge Grove project area; and
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18 I WHEREAS, a water distribution main has recently been completed on this street,
19 allowing for the service to this parcel. No additional construction will be required by the City
20 to serve this property.
21 ' ¡ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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22 ITHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as !
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 I hereof.
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26 I Section 2. The City Manager is hereby authorized and directed to execute a Water
27 Service Agreement between the City of Boynton Beach, Florida and John A. Ranyak and
28 Lorena E. Ranyak, which Agreement is attached hereto as Exhibit "A".
29 I
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30 Section 3. This Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\Water Service\Ranyak Water Service Agreement.doc I
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1 I: PASSED AND ADOPTED this ~ day of September, 2004.
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4 I CITY OF BOYNTON ~EACH, FLORIDA
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S:\CA\RESO\Agreements\Water Service\Ranyak Water Service Agreement.doc
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 perfonned on behalf of the Customer,
in which case the Customer win pay in advance aU estimated costs thereof In the event the City has
such work perfonned, the Customer wiIl 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. An connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to aU mains, extensions and other facilities extended :trom the City Water
Distribution System to and including the metered service to Customer shaU 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 :trom time to tinie.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shan, 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
shaIl cooperate with the City and not raise opposition or chaIlenge 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.
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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 oflocal, 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 dueto acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
II. 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 òf 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 shaIl be
valid ùpon 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.
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. ~:SS WHE~~~the parties hereto have set then:hands and seals this ~ day of
WITNESS: DIVIDUAL(S} S OWNER(S):
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~mne Printed Owner Name
. . . ith~ Signature
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Printed Witness Name
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Wi~ss Signature
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Printed Witness Name
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Printed Owner Name
Witness Signature
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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
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
J"""bt-ltJ tk. \~ANfJ\k} L 0i~l?NI\ G:. RA"'tft'.F... 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; tha the individual was personally known to me or provided the
following proof of identification: f? r5iJ)7A-1 ( Y' t ~'Y1 '
W~TNESS my han~,~0f4,ifi~l seal in the County and State last aforesaid this
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WITNESS:
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CITY OF BOYNTQ.NBEACH, FLORIDA
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STATE OF FLORIDA )
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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
J r~ y 7A~/JIL , Mayor and Jalltf Pi.; Rat/>,lo , City Clerk
respectively, of the ity 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.
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~ WITNESS my hand and official seal in the County and State last aforesaid this I 3 day of
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(Notary Seal)
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Notary Public
""""" Barbara M. Madden
l....~~~~ conuniSlion :f# DDl25274
, <::i/j].... - 19 2006
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Approved as to form:
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~ ,City Attorney IIf1lJ
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THIS INSTRUMENT PREPARED BY:
JamesA- Cherof, esquire
JosIas & Goren. P.A.
3099 East Commercial Blvd.
Slite 200
Fl Lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF +>ALM \3ÖI'çC.J+
I/We, Jl>Ht-1 ~,RANYAk. t toRE"''' E ~JJY^K, 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 ,
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available means. The real property which is the subject of this power is described as
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00-4-3-Q5: -01- 08 - oco- 09/0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
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FLORIDA, shall commence and be in full force and effect on the J / day of
A ~uS'1 , 20ð if and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the IJ fC
day of A~ ~sí , in the yeartwo thousand and fi;-u.¡¿
Sealed and delivered in the presence of
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Prin~ Printed Owner Name
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Printed Witness Name
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Printed Witness Name Printed Owner Name
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Witness Signature
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Printed Witness Name
STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was aCknO~edged before me this III"-- day
of t(§,f ,20.0:1. by .:Jbh", IlfJ MY IJJ< and
LÔ(l(";.p E. 17 ß/L. , who are known to me or who have produced
eJS{J~ A-II . I, , as identification and who did/did nottake an oath.
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My Commission '{1~æ.~.~ 'l
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Palm Beach County Property Appraiser Property Search System Page 1 of2
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Property Information
Location Address: 1216 HIGHLAND RD ~~.~~~)
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0910
Subdivision: RIDGE GROVE IN
Official Records Book: 09816 Page: 1551 Sale Date: May-1997
Legal Description: RIDGE GROVE LTS 91 & 92
Owner Information
Name: RANYAK JOHN A &
Maiting Address: 3301 QUAIL CLOSE
POMPANO BEACH FL 33064 2038
Sales Information
Sales Date Book Page Price Sale Type Owner
May-1997 09816 1551 $65,000 WARRANTY DEED
Sep-1989 06199 0392 $59,000 WARRANTY DEED
Mar-1986 04833 0201 $63,000 WARRANTY DEED
[ Exemptions I
Exemption Information Unavailable.
Appraisals
Tax Year: Tax Year 2003
Improvement Value: Number of Units: 1
Land Value: *Total Square Feet: 1767
Total Market Value:
Use Code: 0800 Description: MULTIFAMILY < 10 UNITS
* In residential properties may indicate living area.
Tax Year:
Assessed Value: ........,
Exemption Amount:
Taxable Value:
Tax Values
Tax Year: I1iiiìiìiiii1
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Ad Valorem:
Non Ad Valorem: ~JI···mllìlllll1J
Total Tax:
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Record Search I Information I Exemntions I Community I Emplovment I New Home Buyer I Office Locations
Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I Links I G!ossary I EðQ I Forms I Contact Us I PAPA
http://www.co.palm-beach.flus/papalaspxlweb/detail_info .aspx?p _ entity=004 3450908000... 8/12/2004
All Owner Page I ot 1
All Owner(s)
PCN Number: 0O-43-4S-09-08~OO-0910
Owner Names
RANYAK JOHN A &
http://www.co.palm-beach.fI.us/papa/aspxlweb/alIOwneT.aspx?entíty _id=00434509080000... 8!l312004
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Location Map - Exhibit "A"