R06-035
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RESOLUTION NO. R06- ()3~
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 LUIS GONCALVES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
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water and sewer service area, located at 1042 Alto Road, Lantana, Florida (Ridge Grove
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Addition No.1, Lot 284); and
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WHEREAS, the parcel covered by this agreement will include a single-family home
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in San Castle/Ridge Grove project which only potable water is available for connection at this
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time; and
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WHEREAS, a water distribution main has recently been completed on this street
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allowing for the service to this parcel; and
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WHEREAS, no additional construction will be required by the City to serve this
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property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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.
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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 Luis
S:\CA\RESO\Agreements\Water Service\Goncalves Water Service Agreement.doc
1 Goncalves, which Agreement is attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this 1Jh day of February, 2006.
Attest:
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CITY OF BOYNTON BEACH, FLORIDA
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&1ayor
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Commissioner
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S:\CA\RESO\Agreements\Water Service\Goncalves Water Service Agreement.doc
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TIllS 1N<;TRUMENT PREPARED BY:
J.Ji i Ilerof, Esquire
31)Q'i 1 Commercial Blvd.
Suit e 200
Ft. Lauderdale, FL 33308
R 0 {;; --0,-5$-
AGREEMENT FOR WATER SERVlCE OUTSIDE
THE CITY LlMJTS AND COVENANT FOR ANNEXATION
THlS AGREEMENT made on this / b-IJ. day of Feb y ~ a.rt., 200-'-, by and between ,
L &.(,S Go t\ C a./ V e.s . hereinafter called the "Customer", and the OTY
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 tbe City of
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
WHEREAS, the City of Boynton Beach has tbe ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach bas 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 tbe mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
]. 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: (E~1ritA)
2. The Customer and the City hereby agree that there are ~ Equivalent Residential
Connections which City shall service.
3. The Cusfomer 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 responSlble for installation in conformance with all codes, rules and regulations'
applicable to the installation and maintenance of water service lines upon the Customer's premises.
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THlS INSTRUMENT PREPARED B'Y::
James A. Cheraf, Esquire ~ r -, t",
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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- ,~~. I RECORDED 03J09/ 6 08: 27 : 19
Pal. Beach unty, Florida
Shar"on.It':"'Bock, CLERK & CO"PTROLLER
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THE CITY > LIMITS AND COVENANT FOR ANNEXATION $ ~ ~ ~ ~ ~
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!illS ApREE1v1ENT made on this ~ day of . ' e (' v-.ttr (,. ,200.4-, .?Y andbetweet ~ ~ g ~ &I S
L~, ~ bar'\CoJ veS heremaftercalledthe Customer, andtbeOTY'. n ~ ;:J ~;
OF BOYNTON BEACH, a municipal corporation of the State of .Horida, hereinafter called the:D ~~ ~ CO
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WHEREAS, Customer owns real property outside of the jurisdictional limits of tbe City of 8 s: W '-J
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Boynton Beach, Florida; and ~ ~ w
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AGREEMENT FOR WATER SERVICE OUTSIDE
WHEREAS, Customer has requested that the City of Boynton Beach, Ronda provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has tbe 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 consid'eration 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 ~ Equivalent Residential
Connections which City shall service.
3. The Cusfomer agrees to pay all costs and fees of engineering, material, labor,
instanation 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
Custo~r shall be responSlble for installation in. conformance with all codes, rules and regulations '
applicable to tbe installation and maintenance of water ~rvice lines upon tbe Customer's premises.
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All cucb lines shall be approved by the Director of Utilities and subject to inspection by the City
Ell;'I:WCfS. The City shall have the option of either requiring the Customer to perform the work
m:( l~.S;!ry 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. 1n 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 atld 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 shaD 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 sball
cooperate with the City and not raise opposition or cballenge to sucb annexation if and when
annexation is initiated. The property shall be subject to annexati<:>n 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 sbaD not
constitute a defense or bar to the City's rigbts as set forth herein. The Customer acknowledges tbat
the consideration of initially connecting to tbe City's water supply is sufficient to support tbe 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
rccurded 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
prolnbitions, restrictions, limitations or requirements oflocaJ, 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 fhe 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 connecti9n 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 tbis 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 bave set their bands and seals thisM- day of
jaA'~ ,20Q5.
:JlIO'IT# A-./Y?&--
Printed Witness Name
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Witness Signature
p~d~L~N~o-Mt~
INDIVlDUAL(S) AS OWNER(S):
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Y Owner Signature
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Printed Owner Name
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itness Signature
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W 1t HeSS Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
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 theState
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Lu.Ui G?> n (l n. J u es . 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 tbe same; that tbe individual was personally known to me or provided the
following proof of identification: F L D L
JJl WITNESS my hand and official seal in the County and State last aforesaid this J1~ day of
~~1Yl hf' y , 200f
(Not .T"U ,"<>",,)\
.."t?'~::"""" VALORIE MOATS
f:f'~"*\ MY COMMISSION 1/ DO 346198
~i~~! EXPIRES: September 17, 2008
'. '.P.f..r.-'<t-' Bonded Thru Notary Public Unde<wrilers
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Notary Public
WITNESS:
~A~
~N BEACH, H-ORIDA
Kurt Bressner, City Manager
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STATE OF FLORIDA )
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<f-Tt- (5reS'[ll'€ r , City Manager and ::r~{/fJ, .1. f'y Ie. Pet '-')city Clerk
respectively, of the 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 J" H-. day of
e-b rau.ry . ' 2?0~ <
(Notary Seal) ...~~avt ~:>
Notary Public
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Palm Beach County Property Appraiser Property Search System
Page 1 of2
_~?~'1:;;;'i:'::S' ~;~7-\ Property Apprais.er's Pt.bfic Ac:es,~ Sys'en
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Property Information
Location Address: 1042 ALTO RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2840
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 08596 Page: 1393 Sale Date: Jan-1995
Legal Description: RIDGE GROVE ADD NO 1 LT 284
Owner Information
Name: GONCALVES LUIS
~'''''''''';'I
Mailing Address: 2840 KENTUCKY ST
WEST PALM BEACH FL 33406 4243
Sales Information
Sales Date Book/Page
Jan-1995 08596/1393
Nov-1993 08000/1502
Jan-1973 02245/1859
Price Sale Type Owner
$33,000 WARRANTY DEED
$17,900 CERT OF TITLE
$21,300 WARRANTY DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2005
$52,45
2332
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1059
Use COclg: 0100
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: $75 77
Exemption Amount:
Taxable Value:
~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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detail on one page.
Record Search Ilnform..ation I Exemptions 1 Community I Emplovment I New Home Bwer I Office Locations
Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer
Hom~ I Links I Glossarv I E8Q I Forms I Q>ntact Us I PAPA
http://www.co.palm-heach.fl.uslpapalaspx!weh/detail_info.aspx?p - entity9lO4345090900.iZ~ it-
THIS INSTRUMENT PREPARED BY:
James A Cheraf. Esquire
30% L:1 : Commercial Blvd.
SLIII,-'
Ft. len/de:/ dale. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
..--..,
COUNTY OF YoQIY\ ~nrrl
IIWe, LUIS GDr. (Q~ ve 5
, 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(7xation by any
available means. The real property which is the subject of this power is described as
follows:
00-l/3 -4S- -09-09 - O{)lJ - 28'-10
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 2qW day of
~fre I'Y\ Ieee..
, 20ct> and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
day of 10 ef em hev , in the year two thousand and f:- i v'~.
~~
' ness Signature
~///T# "4 /y~&
Printed Witne'ss Name
W~nat~ ~
~ (It 0 ( A (l/IJt Lu5X- ~
Printed Witness Name
Sealed and delivered in the presence of
, . c/ /
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/ Owner Signafure
,L>) r ('f;/f./ ~+-~pr
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA
"lLELDL
)
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me thiS~ day
of J)eremher , 2~, by &O()Cfl/IJf7<i and
, who are known to me or who have produced
· as identi7~o did:; take an oath.
NO~RY P,UBU{{l' :f5
{Dr I e-.. O~
Type or Print Name .
Commission No. J::LD.l Lffe, 1<1 r
J "~"'''''' VALORIE MOATS
f {:r;b.~4. MY COMMISSION' 00346198
. \~.~~y EXPIRES: SepterOOer 17, 2008
......~:,~:.t1~.... Bonded Thru Nocary PtbIc Underwri&erI
My Commission Expires:9 J J'T /fJooB
POA.lND
+.
1 in. = 80.4 feet
60
0050
0040
0030
0020
0010
270 3290 3310 3321 3331 35 3360 3380 40 3410
930 2910 2890 2871 2850
I: 83 2810 2800
650
2730
2750
78 2790
"T
25 2230 22 2200 2180
2040 06 2070 2090
err
Location Map - 1 042 Alto Rd
2160