R06-009
II
1 RESOLUTION NO. R06- ~
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 CITY
8 OF BOYNTON BEACH AND GLORIA A. CAMACHO
9 AND BLANCA R. CAMACHO; PROVIDING AN
10 EFFECTIVE DATE.
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13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 3810 Wall Street, Delray Beach, Florida
15 (Unincorporated Palm Beach County); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 located in unincorporated Palm Beach County; and
18 WHEREAS, a water distribution main exists in the vicinity for the service to this
19 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 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Gloria
29 A. Camacho and Blanca R. Camacho, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\Camacho Water Service Agreement.doc
II
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Section 3.
This Resolution shall become effective immediately upon passage.
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25 Attest:
;~~ Yn. ~
28 Cl Clerk
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PASSED AND ADOPTED this ~ day of --b..nuo...ry
,2006.
CITY OF BOYNTON BEACH, FLORIDA
--"
Z, issioner
, y
(,.~ ~, t'
Commissioner
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S:\CA\RESO\Agreements\Water Service\Camacho Water Service Agreement.doc
II
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.~~FN 20060026475
cOR BK 1979B PG 1042
~ RECORDED 01/13/2006 15:05:18
.Pal. Beach County, Florida
Sharon R. Bock,CLERK & CONPTROLLER
Pgs 1042 - 1051; (10pgs)
THIS INSTRUMENT PREPARED BY:
James A, Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
. \ r.'~ r'
:""-'-
ReG:. -009
AGREEMENT FOR WATER SERVICE OUTSIDE
THE OTY UMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this / I.flL day of ~"JUf o/,,-{t , 2ook-, by and between
6Imj().... Ct:l..f<'tkclJO '\- '8>1111"'1(0 {'tlrr.1(hlJ:re aftercalled "Customer",andtheOTY
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 he 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:
I. 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: (Exlnbit A)
2. The Customer and the City hereby agree that there are M- Equivalent Residential
Conoections 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 Iioes upon the Customer's premises.
1
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 bave 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 ~d 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.
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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.. Ths Agreement and the power of attorney referenced herein is to be
recorded in the Public Records ofPahn 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
proh1bitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or
other agencies havingjurisdiction 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, flIe, 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 orin connection with
post judgment collection) and costs rising out of or resulting from the Customer's obligation under or
perfonnance 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 shan 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.
~N WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
'C e fI'VLh e r , 200 S".
WITNESS:
X J~CA
Witness Signature
?< V elyY) Q
Printed Witness Name
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fY);I)e-r
~S)ASOWNER(S):
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" Owner Signature
t- 'lia na; Ii. (]z MCCAn
Printed Owner Name
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Witness Signature
rj Com ( (It a V\m f-GI
Printed Witness Name
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Witness Signature
/ Iklrno. fr'h'lkr
Printed Witness Name
Owner Signature
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t.!r /0 n "'-'
Printed Owner Name
Witness Signature
I CO Cl rUl IfltcdtcJU ~
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
8lanca... 'K. CaltY1.ovAo awl ~/onCt. .4. Ca/1l\Ctch D 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: FI () r,dtL ..0, L _ ..
i\ WITNESS my hand and official seal in the County and State last aforesaid this ~ day of
vet e tk..b e ( , 20D::f
(Notary Seal)
~~~~
Notary Public
..............................................
: SUSAN COLlINS :
i .~ CotnInIDD0295085 E
: =. . Expiw 3/112008 :
: \~ ~ 80nctId lhru (800)432-4254:
: "'i.",qr,r.;"" FlOrida NotaIy Assn.. Inc ~
~:.;:;;............
uYNTON BEACH. FLORIDA
'~
Kurt Bressner, City Manager
STATE OF FLORIDA )
c .(t J;JJJ{-Jv.Ji~j)rrrtlhl
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
Jaid and~ the ,Coun~ aforesaid to take ~ acknowledgm~s, personally ~ppeared
lVLt vQSS ~ CIty Manager and "JO..V1e + fY). -tt'l{/./Jrt-() , CIty Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence oftwo 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.
~
".....--::- ft WI1~y hand and official seal in the County and State last aforesaid this /! day of
'1U.t _' 200 jo
--- . ,- . ~ , ~. .-
(Notary Seal)
&we fJ
Notary Public
~
Approved as to form:
~ 'tt~
City Attorney
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Notary Public State of Florida
Carol A Mahoney
My Commission 00460414
ExpIres 08/1012009
5
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Property Information
Location Address: 3810 WALL ST
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-17-000-1080
Subdivision: TRADEWINI;) ESTS AMNDED PL IN
Official Records Book: 18773 Page: 866 Sale Date: Jun-2005
Legal Description: AMND PL OF TRADE WINDS ESTS LTS 108 & 109
Owner Information
Name: CAMACHO GLORIA A &
I!.~AJJ~~I
Mailing Address: 3810 WALL ST
DELRAY BEACH FL 334836321
Sales Information
Sales Date Book/Page
Jun-2005 ~8773/0866
Nov-1999 .11453/0408
Jun-1999 11175/0938
Price Sale Type
I_Hsi!bAIL~~4i1
Owner
$279,000 WA RRANTY DEED CAMACHO GLORIA A &
$100 QUIT CLAIM HURD AARON R &
$4,297 TA X DEED
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
U.se Code: 0100
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1900
Acres: 0.2296
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: 94 189
Exemption Amount: 25 000
Taxable Value: 69 189
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043460417000... 12/8/2005
All Owner
Page I of I
All Owner(s)
peN Number:
00-43-46-04-17-000-1080
Owner Names
CAMACHO BLANCA R
CAMACHO GLORIA A &
http://www.co.pa1m-beach.t1.us/papalaspx/web/allOwner.aspx?entity _id=0043460417000 I... 12/8/2005
THIS INSTRUMENT PREPARED BY:
James A. Cherat, Esquire
3099 East Commercial Blvd,
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~ t Iv\. i?e:tch
--+!We, gla#1t~ ((.(d.Tnac/'o'i Ctoritl,4. Qfh4tk, 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 ann~xation by any
available means. The real property which is the subject of this power is described as
follows:
tJ{J-t/3 - ~ - 0(/- 17 -000 '- 1t)~O
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the &-f1.-. day of
'iJecew.her, 20.Qi. and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ?~
day of j)ecei1^-be r ,in the year two thousand and -PI V ~
Witness Signature
t't~ YYY\ yM; I ) e '"
rinted Witness Name
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Sealed and delivered in the presence of
~~ ~ X CJll_ rIA iL
owner-~~
. ~alL(t{ f. C4rn~h()
~rinted Owner Name
Printed Witness Name
J~CA
Witness Signature
Ye)nv-
~
miller
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Printed Owner Name
Printed Witness Name
STATE OF FLORIDA
)
) ss:
COUNTY OF PALM BEACH )
THE FO~EGOJN~ INSTRUMENT was acknowledged before me this g/" day
of , l)ecetlttver, 20 OS, by E'/4n C'~ 'j:, ('t:(Mt1.chO and
~/(),/~..4. Ca.Ntt:tah 0 , who are known to me or who have produced
r/D rid",-, /); L . , as identification and who 'Ctid/did not take an oath.
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NOTARY J:.YB~IC .... r-
eS (/J'{t;U COLLI tv-l
Type or Print Name
Commission No.
iJ.......................,M...................
: SUSAN COt.L'NS :
. ~~~ .
: ~~y~ CommIDDCl295085:
: !~"" - Expilw 31112008 :
E \~'<af.iJ BoncIecIlhru (800)432-4254 E
: ~'",f~f.~\\\,~ Florida Notary Assn.. Inc :
... ......................................... ,..:
My Commission Expires:
POA.JND
...
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0240
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0660
0651
0652
0642
0641
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0150
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0570
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Location Map - 3810 Wall St