R04-014
II
RESOLUTION NO. R04- 0 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 JOHN LUND AND ALICE LUND; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
ater and sewer service area, for the property located at 1156 Highland Road, Lantana,
lorida (E. Yz of Lot 99 and Lot 100, Ridge Grove); and
WHEREAS, the subject parcel is a single family home located In the San
astle/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
eighborhood 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
. urisdictionallimits; 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
Section 2.
The City Manager is hereby authorized and directed to execute a Water
ervice Agreement between the City of Boynton Beach, Florida and John Lund and Alice
:\CA\RESO\Agreements\Water Service\Lund Water Service Agr.doc
II
Lund, said Agreement being attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this eRO day of January, 2004.
CITY OF BOYNTON BEACH, FLORIDA
CommIssioner
/3 ~ t2~/____ -
:Oll) IS ~.__. 'L ~
/ 7:-T<~:;:;2)
C"ommissioner .. c. -
<-
~/
:\CA\RESO\Agreements\Water Service\Lund Water Service Agr doc
."'" /..,
~.(, \,. Scf\ ~
Nan
,....".. unRl.. '.11..1.... ..,.
Address:
02/10/2004 12:49:17 20040074503
OR BK 16534 PG 1890
Pal. Bpach County, Florida
Dorothy H Wilken, Clerk of Court
THIS INSTRUMENT PREPARED BY:
J ames A. Cherof, Esquire
J osias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Rc4-ol~
~M
Office of the City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33421
;;
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS A~~MI.lJ:IT made on ~ day of :l)..ce.nk ,2003., by and between
3'cb5 ~;c..e. JA ~ 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 R 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~ce 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 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 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.
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) 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 WITNES S WHEREOF, the parties hereto have set their hands and seals this ,''''' day of
-.J)ec..e.w'\he.r , 200~. -
WITNESS:
INDIVIDUAL(S) AS OWNER(S):
/lc-Lq ft- ~J/. g~
Owner Signature
/;?~~~~
Witne Signatur
~ ff* ~IJA/e-5n!llfTl-
Printed Itness Name
V~~ V-~~
Witness Signature
'id h1{j V, <<1; lIe?
Printed Witness Name
Il~'ce /17. Lknt./
Printed Owner Name
3
~~
i1 ~61't~;6f-
{>rinted itness Name
A' Wtt~d~
/ wn r Ignature
i/
Iohf1 ~. L un"
Printed Owner Name
vo~ V.~~
Witness Signature
\Ie1YnA V. ~\ l)e'(
Printed Witness 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
n / I 't' e f'p" /san L ""/lei <:/... l 7 0 h n F. Lv n ~ 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 personally known to me or provided the
following proof of identification: f=/oJ/!/cla. LJ~ /~t' R 5 1-,' e~nS e .
.
WITNESS my hand and official seal in the County and State last aforesaid this / I ~y of
lJeeftPn'1601f'A- , 20~
(Notary SI1~~i"'~Barb. ar I. 114.. Madden
$ ~ ~ ('nmmfmoo # 00125274
~~ .:ri Hxpfra J11!119. 2006
'\-,: l BODd84 TIIra
".,~"""" Atlmtlc BondIng Co.. Ill\:.
~ A. /ktdh.
Notary Public
WITNESS:
~~~
./
--
EACH, FLORIDA
ATTEST:
~ - ~~~/ tJ .~L m. ~~ic
City, Clerk
\
4
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
Je('~ ffA~/{)r , Mayor and Ja,Y\et Pr~h1if() , City Clerk
respectiv ly, of t e 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~ r day of
da Yl U a '1 ' 200t
(Notary Seal) ~ ~ '
'ttzrL J'
Notary Public
~\ 8U8AN COlUNS
: ; :*! MY COMMISSION' CC 913630
'. .....rI~ EXPIRES: February 24, 2004
'Jlf.,!l\. Bonded Thnl Notary Pubic Undelwrit...
AP~~
City Attorney
5
11111111111111111111111
THIS INSTRUMENT PREPARED BY:
James A. Cherat, Esquire
Joslas & Goren. P.A.
3099 East Commercial Blvd.
Suite 200
Fl Lauderdale. Fl 33308
02/10/2004 12:49:17 20040074504
OR BK 16534 PG 1895
Palm Beach County, Florida
Dorothy H Wilken, Clerk of Court
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTYOF 1='c..lW\ ~ck..
I/We, J~ d.~~~ AA. ~~, 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
liSt. tH1h /qrJ-. Rc9-.) L~'1-f-zt1\i;l) FL
R~&~e- GrOV<L) /6,1; of Lofrt'1-["f/oo
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the lr#'- day of
JJ):?cewt beY ,2~ and the powers and authority shall be irrevocable by
follows:
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the Il~
day of Dec.e.(V\~ , in the year two thousand and -fnreJ2--
Sealed and delivered in the presence of
~~~--L
/?y~ ~~L/CzI,
Owner Signature
.t1".tfjtfNN~ C;/I-~bt-
Printed ness Name ~
V~CX- V,
~~:-turev. fl,\ III <2 i
Printed Witness Name
fJ//~e ;11. L VrJ /
Printed Owner Name .
~~
~ J4-~ct' Snte/{if--
(Printed tness Name I
J~ v. ~~
Witness Signature I J
V~)W1c(- \J ,f}1;//er
Printed Witness Name
~~~~
J~h/l 1--- hL(nc!
Printed Owner Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
"*
THE FOREGOING INSTRUMENT was acknowledged before me. this / / day
of ()efleflfbt'1l , 20e3." by 11/ /c>e L vn <! and
, who are known to me or who have produced
Vi) h'7 L fA/} d , as identification and who did/did nottake an oath.
~ A., Ik~
NOTARY PUBLIC
My Commission Expires:
POA.IND
Type or Print Name
Commission No.
""""",'-' . Barb....I. M. 'll.lft..ld
",~~y p.... ~ -.au en
f ~ ~Com",flllfOn # DD125274
i~ ~i Hxpfres.l'll119. 2006
'\, ~./ _ BazUIad 11lra
"ff.,f", AtlantIc BondIng Co.. IDe.
, I
... 510 52C 550 60C 61C 2620 2640 2650 670 68C 69C "700 "710 "72C 27
2530 2560
1 1 in. = 149.1 feet
Rn Rn
....
- 2480 2460 ~45C ~44(J 2420 2380 2360 2340 2330 2311 2300 '29C i>28C ~27C 12260 25C 22
92
91
I--- 1870 89C 1900 1920 1930 h5C h96(J 970 980 99C OOC 2010 ~03C 2040 06C 2070 2090 211C
. Rn RI
1860 85(J 840 83C ~82C h81(J 1791 1780 77C 76C 75(J 74C 73C 72C 1710 1690 68C 67C 66C 650 64C 1622 1E
870 860 085C b840 0821 0810 0791 0771 0760 b75C 0730 P720 10710 [)70C b69C P680 p67C P66C )65C 0630 062C
l
. WI~WI ANn RD Rl7 ~J.lr A'" r\l;!i
D880 0890 0910 0930 0950 0980 01C 02C 1030 341(J 0420 b44C P45C P46C 0470 0481 04
~210 20C 1180 1160 1141 1130 ~12C 1100 090 1061 1050 [)40C P39C 0370 :'360 0330 )32(J P:l
I
i . ~ r;unr.F Rn
s ~
l 1220 24C 1250 1261 1280 1300 1311 34C 35C 1360 ~ 316C 0170 b19C 0200 0220 24C
<I 2
~ - - - - - . - . lz
, " ... ~ t Ilg nllallC ttoaa ...
!L J~ :;
]l 1550 1510 1490 1390 i P15C 0130 312C 0100 0080 pon POll
~
~
Rn . ~ ~---- Rn
I
.
0010 0180 ; =
~o 0010 0020 0010 ~ 0020
03 04 0030 0040 ~ 0030
0020 0170
I ~
0090 0030 ~I 0160
- y
Location Map - Exhibit "A"
,.
~
Palm Beach County Property Appraiser Property Search System
Page 1 of2
Gary R. Nlkollts, CFA
Palm Beach County Property Appraiser
Public Access System
Home
Search
Property Information
Location Address: 1156 HIGHLAND RD
_~ow M.p..1
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-08-000-0991
Subdivision: RIDGE GROVE IN
Official Records Book: 02847 Page: 1523 Sale D~te: Jan-1978
Legal Description: RIDGE GROVE E 1/2 OF LOT 99 & LOT 100
Search Resul
Property Info ation
Owner Inform tion
Structural Det iI
Extra Feature
Land Detail
Tax Detail
Print Informatr' .owner Information
Name: LUND JOHN F & ALICE M
Property A praiser Home Mailing Address: 1156 HIGHLAND RD
LAKE WORTH FL 33462 6114
~ OWneB..1
2003 Certified Appraisal
Improvement Value:
Land Value:
Number of Units:
Market Value:
Use Code:
$84.599
$15,360
$99,959
r structuraL f
I Extra... I
I land... f
Total Sq. Ft:
2072
Acres:
.00
0100
Description: SINGLE FAMILY
2003 Certified Tax
Ad Valorem:
$900.66
_ frax Calculato~
Non ad valorem:
Total:
$192.00
$1.092.66
l Oetall... I
2003 Certified Assessed & Taxable Values
Assessed Value:
Exemption amount:
Taxable:
$71.067
$25,000 (2003 Exemption)
$46,067
2004 Exemption(s)
Homestead Receipt#: 0142049
Exemption Address:
Regular Homestead:
TOTAL:
Sales Information
Sales Date SQQk
Jan-1978 02847
f.age
1523
$25,000
$25.000
I Oetall... I
~ Instrument
$4,000 00
~
http://www.co.palm-beach.fl.us/papa/mainldetail_ info.asp?p _ entity=00434509080000991
12/2212003
Palm Beach County Property Appraiser Property Search System
Show Drawing / Map
Subareas for Building 1
Subarea Sq. Foota-9.~
BAS BASE AREA
FGR FINISHED GARAGE
FOP FINISHED OPEN PORCH
FSP FINISHED SCREENED PORCH
Total
I Close I
Page 1 of 1
Area
1,562
315
45
150
2,072
~ercent
00
00
00
00
Effective Area
00
00
00
00
Area Under Air
00
00
00
00
Structural Elements for Building 1
EXTERIOR WALL-1
EXTERIOR WALL-2
ROOF STRUCTURE
ROOF COVER
INTERIOR WALL-1
INTERIOR WALL-2
FLOOR TYPE-1
FLOOR TYPE-2
YEAR BUILT
EFECTIVE YEAR
TOTAL ROOMS
BED ROOMS
FULL BATH
HALF BATH
BLOG USE
STORIES
CB STUCCO
N/A
GABLE/HIP
ASPH/COMP. SHG.=1.00
DRYWALL=1.00
N/A
CARPETING= 1. 00
N/A
1979
1982
3
2
o
0100
1
Show Drawing / Map
Print Information
I Close I
http://www.co.palm-beach.f1.us/papa/main! struct_ detai1.asp ?entity _ id=004 345090800009... 12/22/2003
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
connectioQ 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 determine if and when the property
may receive water service.
Water And Sewer Capital Facilities Charges
Ordinance No. 90-35 & 93-03
SINGLE INSIDE CITY ~ OUTSIDE CITY
FAMIL Y
Water Sewer Water Sewer
1 Bedroom Unit $ 933.00 $166.00 $1,166.00 $207.00
2 Bedroom Unit $1,306.20 $232.40 $1632.40 $289.80
3 Bedroom Unit $1,679.40 $298.80 $2,098.80 $372.60
4 Bedroom Unit $1,866.00 $332.00 $2,332.00 $414.00
5 Bedroom Unit $2,052.60 $365.20 $2,565.20 $455.40
Based On:
1 Bedroom LOx $933.00 $166.00 $1,166.00 $207.00
2 Bedroom 1.4 x $933.00 $166.00 $1,166.00 $207.00
3 Bedroom 1.8 x $933.00 $166.00 $1,166.00 $207.00
4 Bedroom 2.0 x $933.00 $166.00 $1,166.00 $207.00
5 Bedroom 2.2 x $933.00 $166.00 $1,166.00 I $207.00
(Outside City Limits is 25 percent over City rate)
APARTMENTS INSIDE CITY OUTSIDE CITY
Water Sewer Water Sewer
1 Bedroom Unit $ 746.40 $132.80 $ 932.80 $165.60
2 Bedroom Unit $1,119.60 $199.20 $1,399.20 $248.40
3 Bedroom Unit $1,492.80 $265.60 $1,865.60 $331.20
Based On:
1 Bedroom .8 x $933.00 $166.00 $1,166.00 $207.00
2 Bedroom l.2x $933.00 $166.00 $1,166.00 $207.00
3 Bedroom 1.6 x $933.00 $166.00 $1,166.00 $207.00
NOTE:Any subdivision where each unit will be responsible for their own water will be
classified under SINGLE FAMILY.
Duplexes are classified under apartments and multiplied by the number of bedrooms.
Example, if 3 bedrooms per apartment, multiply the cost of 3 bedroom apartment x 2.
Mobile homes and trailers are classified as having 1 equivalent dwelling unit (per City
Ordinance 80-10) and are charged the same as a I-bedroom unit.
Permanent Water Meter Connection & Deposit Charges
I
Meter Size Connection V Deposit
Inside City Outs~City
%" $220 ($27V $100
1" $255 $315 $125
1 Yz" $455 $565 $250
2" $530 $660 $400
3" Furnished and installed by user $750
4" Furnished and installed by user $1,250
6" Furnished and installed by user $2,500
8" Furnished and installed by user $4,000
To upgrade from %" meter to 1" meter, customer must pay the difference between the
two connection fees and also the difference between the deposits (if deposit has not
already been refunded).
Utility Department must approve all meters over 1". The contractor will furnish all
meters over 2". However, City will repair or replace once original meter installed.
Temporary Water Meter Deposit Charges
Meter Size Deposit
1" $100
3" (has to be approved by Meter Services) $600
Service Charges
Turn On $20
After Hours Turn On $55
Delinquency $40
Returned Check $20 or 5% of check over $400
(whichever is greater)
Meter Test* $20
Re-read (customer reQuest)* $20
Flow Test* $30
Labor Charge for Meter Upgrades $60
*No charge ifmeter error, City's error, or sub-standard flow rate is detected
Palm Beach County Property Appraiser Property Search System
Show Drawing I Map
Subareas for Building 1
Subarea Sq. Footage
BAS BASE AREA
FGR FINISHED GARAGE
FOP FINISHED OPEN PORCH
FSP FINISHED SCREENED PORCH
Total
I Close I
Page 1 of 1
Aru
1.562
315
45
150
2,072
Percent
00
00
00
00
Effective Area
00
00
00
00
Area Under Air
00
00
00
00
Structural Elements for Building 1
EXTERIOR WALL-1
EXTERIOR WALL-2
ROOF STRUCTURE
ROOF COVER
INTERIOR WALL-1
INTERIOR WALL-2
FLOOR TYPE-1
FLOOR TYPE-2
YEAR BUILT
EFECTlVE YEAR
TOTAL ROOMS
BED ROOMS
FULL BATH
HALF BATH
BLOG USE
STORIES
CB STUCCO
N1A
GABLE/HIP
ASPHlCOMP. SHG.=1.00
DRYWALL=1.00
N/A
CARPETING=1.00
N/A
1979
1982
3
2
o
0100
1
Show Drawing I Map
I Close I
r---p~f~ation-----'
http://www.co.palm-beach.fl.us/papa/main/struct_ detail.asp?entity _id=004 345090800009... 12/22/2003