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R05-003 II I 1 RESOLUTION NO. R05- DO:3 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND MICHAEL AND 9 TAMMY SMITH; AND PROVIDING AN EFFECTIVE 10 DATE. II 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 3960 89th Road S., Boynton Beach, Florida ( 18-45- 15 43, S 110 Ft ofWL Y 339.10 Ft ofSW Y4 ofSW y., (Less W 40 Ft of Lawrence Rd RlW); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in unincorporated Palm Beach County; and 18 WHEREAS, a water distribution main exists in the vicinity, allowing for the service 19 'to this parcel; and 20 WHEREAS, No additional construction will be required by the City to serve this 21 ¡property. ! 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ¡ , 23 ¡THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 27 Section 2. The City Commission hereby authorizes and directs the Mayor to 28 execute a Water Service Agreement between the City of Boynton Beach, Florida and Michael 29 and Tammy Smith, which Agreement is attached hereto as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA \RESO\Agreements\Water Service\Smith Water Service Agreement.doc II II I 1 2 3 PASSED AND ADOPTED this ~ day of January, 2005. 4 , 5 i 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 -~---- ----- 10 11 12 13 14 15 -----....-.." 16 ..' .....) ? . 17 t£-/ 18 ..:;/~~ 19 20 21 . t ~~ 22 23 Commissioner 24 Attest: 25 26 27 28 29 S:\CA\RESO\Agreements\Water Service\Smith Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire RoS-003 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 ¡HIS AGREEMENT made on this ~ day of Jo.nLlA."~ ' 200 S ,by and between A1.ic.ha..eI C>.Yld %WlÞYl~,C:::~;fJ,~ hereinafter caled the "Customer", and the CITY OF BOYNTON BEACH, a mumclpal corporatIOn of the State of Flonda, heremafter 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 rrom the M'-'11icipa: Water System and the mutual covenant, expresc~d 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 fÌ"om 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 ~ 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 1 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 fÌ"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 ITom 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 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 infom: any and all assi¿.ns or purchasers of any or par, of this property of this (;ovenant 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 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 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) fi:om 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 fÌ"om 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 WITNESS WHEREOF, the parties hereto have set their hands and seals this I I ~ay of Ö ('-1Jb fR ,200~. '. - JYut~lœ AS OWNER(S): Owner Signature '[' /l/Í _lM I C~6tl ~ ÇM )'1"1) Printed Witness Name Printed Owner Name ~ ¿/7~ lÌnes Signature ,,- m rr~tflY¡1.Jt? ç~J:1t-- Printe Witness Name 3 ~ï;';:rr~ I .ð/()' ----rcünt¥t~ 0. -5ml th_ Printed Witness Name Printed Owner Name ~~~/4A~Á r114~MYf' 5'ÆtY(1't Printed Itness Name FOR INDIVIDUAL (S) NOT ARIZA TION: 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 ; c h ( I Sf') '. f <i- 'ra rr rn S rn ,I r¡ to me known to be the person( s) described in and who executed the forego' g instrument that he/she acknowledged before me that he/she executed the same; that the individLt,1 was personally known to me or provided the following proof of identification: flo Ii? " de. R" i/ {If' S L; 'f' e n 'S ~ '5 . WITNESS my hand and official seal in the County and State last aforesaid this ¡/Fe / / âayof ¿ {' ·f(.¡þ O? , 200'1 (Notary S'~al) ~(.'~<L. hi. Il ~ Notary Public \~'I JiiU ara M. Madden ~-;,æ(qmm;'oIon # DD125274 :~. . = npiI!S Uly 19. 2006 :~\ ~= lauded nuu -=-~7 ~~ "1: DF f\: ...... A.tlantlc Bonding Co..lnc. ""111\'\\ WITNESS, j CITY OF BOYNTON BEACH, FLORIDA ~\ . j;::i 'vf~ .....//:/"" o£<d' 'l( ~ l...-/' . ATTEST: k~ . . . 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'en"'v -fCA.y/ð r , Mayor and J~h-e+¡?í&t./n) (0 , City Clerk respectively, Dfthe éity named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fi-eely 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 II#. day of ::¡-a.hv?<,r r ' 200¿' (Notary Seal) . .................. .... ............ ~~~/ ;; SUSAN CO'. i :~ --': : ,~ ....11112008; Notary Public : C,:, Z _"'(100)432..254; .~ . . '~'",~~ AonCIINotaryAssn..lnc: .................................. City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire Joslas & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF RIm Í?>aJ.. <.: I/We, ~; d....J Q....d I c.w"YlY ,'Ç'v", -. tl-, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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 , I available means. The real property which is the subject of this power is described as follows: 00- ,-/.3 . v5 - /f?- 00- cJOO- '7~ 7 D The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and Ii"",, '" the p,e'e"," of ~ '~ ",J ~e itn Signature ~~h;¿ ~#~ fl¡ d~ÞL t. \ Mm - Printed itness Name Printed Owner Name <~~~ ~ Wit ss Signature ðlt~AN/'le ~~ Printed tntfss Name ~~1J~ Printe -(CÙY\\'h~ 0. 6mlt}, Printed Owner ame ~~dz.~4~ > Witnes Signatu /'1~A#æ5~ Printed Wi ness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this / / V~ay of Deft/belL, 200'(, by fh;(h~eI 0,vnifh and Tú. OJ OJ /J S /}-J .. j-h , who are known to me or who have produced , as identification and who did/did not take an oath. ~f...~L.K /h. /liúÅ NOTARY PUBLIC ....."'\'V~'"" Barbara M. Madden Type or Print Name €~¡ .~ . on DDI25274 :~, ;:= I!Ipin!s uly 19. 2006 Commission No. ;;-";..a'dl'.~ 80_ Tbru My Commission Expires: "'""''' kL:hw'k DQlWUlgW..IIlC. POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3960 89TH RD S rililJ¡¡a¡iMLII!kHlAilii1i1iliillJl Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7070 Subdivision: Official Records Book: 15312 Page: 1393 Sale Date: Apr-2003 LID . t' 18-45-43, S 110 FT OF WLY 339.10 FT OF SW 1/4 OF SW 1/4 (LESS W ega e-,!~çJ"lP Ion: 40 FT LAWRENCE RD R/W) Owner Information Name: SMITH MICHAEL &. I_~,!¡¡,¡¡I Mailing Address: 3960 89TH RD S BOYNTON BEACH FL 33436 2402 Sales Information Sales Date Book Page Price S;!Ile Type Owner Apr-2003 15312 1393 $115,000 WARRANTY DEED SMITH MICHAEL &. Oct-1995 08955 1618 $100 SUMMARY ORDER Oct-1995 08955 1625 $100 SUMMARY ORDER NODINE NAN Exemptions Regular Homestead $25,000 Year of Exemption: 2004 Total: $25,000 Appraisals Tax Year: 2004P 2003 2002 Tax Year 2004 Improvement Value: !to $72 557 $64 889 Number of Units: 1 Land Value: !to !t64.199 $55 825 'Total Square Feet: 1849 Total Market Value: !t98 000 U36.75E $120 714 Acres: 0.7550 Use_Ǻde: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. P = Preliminary Values Assessed and Taxable Values Tax Year: 2004 P 20Q3 2002 Assessed Value: !t98 000 !t136.7S6 $120 714 1w~1 Exemption Amount: !t25 000 $0 $0 Taxable Value: !t73 000 U36.756 $120 714 Tax Values Tax Year: 2004P 2003 2002 ~!;;¡ Ad V;!Ilorem: !t1424 $267' $2 374 Non Ad Valorem: !t224 $22S $218 lij¡;Jì;ù;j¡¡;j;J;)eJ:.II&L;i¥~jU':i¿1 Total Tax: !t1648 U899 $2 592 I~~I bJj>""""'""'P......~ I;';;Ljb';;;;;;¿ß~J'L~¡¡;hjÓi;i>;i\;Ii.;;1 Record.5~mrçh InfQn:.nation I Exemptions ICorruY¡~!JÜty Emp!oyrnent New HQrnl£[3uyer I OffJce LQs-;'ªºº[1$ http:/ /www.co.palm-beach.fl.us/papalaspx/web/detaiUnfo.aspx?p _ entity=004345180000... 10/11/2004 All Owner Page I of I All Owner(s) PCN Number: 00-43-45-18-00-000-7070 Owner Names SMITH MICHAEL. SMITH TAMMY I" _,-,"-1 I a , , I http://www.co. palm-beach.fl.uslpapataspxlweb/aIIOwner.aspx?entity _id=004345 1800000.. . 10/18/2004 ... - - 1 in. = 150.7 feet 0000 000 1240 1230 1110 11111 7140 7251 7250 1t80 0080 0080 0010 0060 1181 0050 7100 7192 7220 1210 7150 0040 7300 0030 0020 1320 1120 7110 1~0 7330 .....--,.'.:.~·a...~· 1100 10110 0254 025 77 78 0010 7080 0253 02 20 0010 0000 0010 0041 0071 0111 0141 0111 0201 0010 0041 0081 0111 1M31 1M01 03111 0331 0301 0271 0240 0451 0411 0381 0351 0000 :fc':4.U.....,c\'A 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0000 0401 1M31 03111 0331 0301 0211 0240 lMet 0431 1M01 0371 0010 0041 0071 0101 0141 0111 0201 0010 0040 0070 0100 01 /sç'l Location Map - Exhibit "A" \ \ , ,.r'