Loading...
R06-084 rr 1 RESOLUTION NO. R06- DB" 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 FAUDE & LOUISE 9 JOSEPH; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1096 Brown Road, Lake Worth, Florida (Hypoluxo 14 Ridge Add 1, Lot 6); and 15 WHEREAS, the parcel covered by this agreement includes a duplex home in the San 16 CastlelRidge Grove project which only potable water is available for connection at this time; 17 and 18 WHEREAS, a water distribution main has recently been completed on this street 19 allowing for the service 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 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 Faude S:\CA\RESO\Agreements\Water ServiceVoseph Water Service Agreement.doc II rr & Louise Joseph, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 29 PASSED AND ADOPTED this ~ day of April, 2006. CITY OF BOYNTON BEACH, FLORIDA /-' . ---171:( 2Z L Ci~r i/kA~ Commissioner u Attest: .P~ S:\CA\RESOlAgreements\Water Service\Joseph Water Service Agreement.doc The City of Boynton Beach City Clerk's Office 1 00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 April 25, 2006 SHARON BOCK CLERK & COMPTROLLER PALM BEACH COUNTY RECORDING/ABSTRACT PO BOX 4177 WEST PALM BEACH FL 33402 ATTENTION: DAVID GILLESPIE Dear Ms. Bock: RE: ACCOUNT #1031 (13 PAGES = $112.60) Please record the following documents as one (1) individual document: AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL POWER OF ATTORNEY R06-084 Faude Joseph & Louise Joseph PCN 00-43-45-09-04-000-0060 If you have any questions, please do not hesitate to contact me~ Very truly yours, CITY OF BOYNTON BEACH .Il~ CC: Pete Mazzella Sam Reep Central File PBC Recording Folder 'An Equal Opportunity/Affirmative Action! ADA Employer' Office of the City Clel h City of Boynton Beach ~. 0, Box 310 Boynton Beach, Florida 33425 ,'- THIS INSTRUMENT PREPARED BY: ]a1l1l'" ^- Cherof, Esquire GOTClI, Cherof, Doody & Ezral, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 III" 1111111111111111111 1 ~~ /_ -=::~ -1,--. \1 ' " -: I' ...J CFN 20060259353 OR BK 20281 PO 1423 RECORDED 85/03/2006 09:04:14 Pal. Beach County, Florida Sharon R. Bock, CLERK , COKPTROLLER Pgs 1423 - 1435; (13pgs) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ROb-oel./ _ THIS AGREEl1ENT made on this _ day of ,200_, by and between f-a.iA' <i LoUlS ~. hereinafter called the "Customer", and the CITY OF BOYN ON BEACH, a munici al 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 ofthe 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) \. ~,. z- (dLlplt'X) 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 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be am~~~Wi~W' of Utilities and subject to inspection by the City MAR 1 6 2006 cp CUSTOMER RELATIONS THIS INSTRUMENT PREPARED BY: JaJ]le~ i\. Cherot', Esquire Goren, Cherof, Doody & Ezrol, P.k 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA TlON Ro{,-oBL/ THIS A GREEMENT made on this day of , 200_, by and between j - fLoutS j hereinafter called the "Customer", and the ON BEACH, a munici al corporation of the State of Florida, hereinafter called the "City", WHEREAS, Customer owns real property outside ofthe 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 ofthe property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration ofthe 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: (Exhibit A) . \ )l\.7- (dLtplex) 2. The Customer and the City hereby agree that there are~ Equivalent Residential Cortriections 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 confonnance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be aW~~~Wi~re> of Utilities and subject to inspection by the City MAR 1 6 2006 cp CUSTOMER RELATIONS 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 ofthe 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 lime 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. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, 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 S:\CA \AGMTS\ Water Service\ Water Service Agreement - Rev j-6"{)6.doc 2 AGREEMENT FOR WATER SERVJCE OUTSIDE THE CITY LJMJTS AND COVENANT FOR ANNEXA TlON BETWE~~ THE CITY OF BOYNTON BEACH AND F~~c:Le. ,'Ja'er"'- ! Lov...\.~ e -,,-bSe.rk (INSERT NAME) M IN WIT.NESS WHEREOF, the parties hereto have set their hands and seals this ~day of tlrch.. , 200~ WITNESS: INDIVIDUAL(S) AS OWNER(S): ~ J~/~ tner Signature / Oc..J(.s'~\ oSepH Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL(S) NOT ARIZA TION: STATE OF~~ ) ) ss: COUNTY OF~ 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-D~j S e.. zr f)sqA 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: /=')... P L WITNESS my hand and official seal in the County and State last aforesaid this I J./~ day of -W~ ,200--k. (Notary Seal) .,....., . . I$.\ot...f~t-~ VALOAIE MOATS My CommlsslO ie~a~:MY COMMISSION 1/ DO 346198 w~~~: EXPIRES: September 17, 2008 #;';"'~f.Y:t"$-~" Bonded Thru Notary Pubtic Underwriters lM~;;/ ?1J~ Notary Public ' ~ ()L ,~dQ lC)..9 et), Owner Signature 'f:/iU{)E' :JosEfH Printed Owner Name 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 0 take acknowledgments, personally appeared ., r+ l) , S. e to me known to be the person(s) described in and who exec ted the foregoi_ng AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION 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: -Jlr'1t/9r t.\(2(~ 1t.J'7~)[)~;}4,P -J~-;6LfYO ~ITNESS my hand and official seal in the County and State last aforesaid this (1..;( r_l ^ , 200~ ~ ~ \ . I )-~day of (Notary Seal) ,,;;;,.. .-.:--..-...~-,,-"" Notcrry Public .D L #: J 3..1. i 0- ;),.,{4 tJ "-5'-1- 0 UI-Q ;0'.1:1 ; 1 J. ~i:(f,J .:v"" ,! UiJ4tnzz ..,.."./~~~;;, .~. .', L./~;":t:.c~~~;:._: 1'1<1;8-;, ,",,;, ',. ... .... ....... ; - I..'v_~{. ~ \' ,,0' 1-. ..11 MyQm;-lr;".,__~-"-'" ...:,'"9 .'~";;:$<'-- (. Car.rr~(jOi~;'l~) ..~..~~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida nicipal corporation Kurt Bressner, City Manager Approved as to form: A5~~#t 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-tnd in the County aforesaid to take acknowledgments, personally appeared './ rf 8 f'-es.s n fZr , City Manager and ..JQ...() -el: fJ f12..rn i 10 , 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 --!.d..-- day of !J1.a/t.-fL , 200 k-. (Notary Seal) -zt:;,pA;1.) mM:irr Notary Public My commission expires: /A.:"-:;";:~it... VALOR/E MOATS t[ ~.~ MY COMMISSION # DO 346198 ~~ .... EXPIRES: September 17, 2008 '. Bonded Thru NOl8ry PuD/ic: Undenorl!8/S S:\CA \AGMTS\ Water Service\Water Service Agreement - Rev 1-6-06_doc 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Gore'!, Cherof, Doody and Ezrol. PA 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ::BJ W\.&Ci.cJ" IlWe, t;w~'t?: J:;sc:;" ~ Lo~ s e. .~\ ' hereinafter "Grantee", hereby make, constitute, and appoint TIlE 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 follows: PCN No.: 00,- 43-1.[5-01'-0 Lf' 000'-00(; 0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the Ilfft.,. day of Ma..rcJ,,\ ,200h and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the iLf"" day of -Lda.t'ck.. , in the year 2~. Sealed and delivered in the presence of Oa~ lPJrolig~ Print Name A~.~.~ Witneis Signature, ~....... &",-vy\vv~>( r. ~p Print Name -, ~ -::r~h 9wner Signature LOUISR 7DSePJl Print Name / Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) FI.- ~ FOREGOING INSTRUMENT was acknowledged before me this / ^f1iw day of )11 , 20,Qk, by Lou-isc.... ([1J's ~ph. and , who are known to me or who have produced , as identification and who did/did not take an oath. t!~ff)~ ~Y Pl!BLIC fJ r I L J1 Oft 1..5 Type or Print Name DL i~~~'~~' VALORIE MOATS ~€ i.~ MY COMMISSION II DO 346198 \~'K......~~l EXPIRES: Seplember 17, 2008 '-P.f..:l" Ilor1ded Thru Notary Public Undenmrers Commission No. My Commission Expires: S:\CA \AGMTS\Water Servicelpower of any.doc - 1~-06 H:\I 990\9001 82.BB\AGMf\Power of Attorney-Ind 1-30-06.doc '-.~~: I ' ~ jrLA L F()A.I~ s~'efJ~ Owner Signature F/jc/~E :So5/?,Pff Printed Owner Name STATE OF FLORIDA ) COUNTY OF PALM BEACH) ~ K <,..~ The foreg9i~ Irrev.ocable Power 9f Attorn~was acknowledged b~~f e me this ~dayof~~ ,200i'bY~{:.k.~ L5~_ -' , who _ is personally known to me or who has produced 1)- v- \ \.J iL \. tJ1 k~S identification, and who did/did not take an oath. #- S ~ A 1 v - ')-4:. 0 .- Soy -6l{l-i) Notary Public State of Florida My Commission Expires: - ;. - ~_e.!QIJa ~ -~ J -- 11m Beach County Property Appraiser Property Search System Page I of 1 .~~:' ._:~.~~n;l~;'CF." Pnlparly Appraiser's Puhlic Access System ~;~Ji;?,,\""":~ ~r#"1>{f~~C;tS,; ~~. '~J< ,.,.. '~' _' :- <'"' '"",,,)t ,.iL~ )$ K~:'4' .' .1 ~... -, , ~_,J$~*lA'~t ltij;~":~J4 ;;'j: it" ;<~'J'./'. r~ "'., /"" ~ r r: : ,- r-, E r, ~~~>>~~L.tk:-":;;;~"_ ;~~~;.: ~?~ _, "'<iE:;S~~~::"~i.;;'t;~~;CJ; I ~_::_::!_'..:..:.~_JjL.ooi~~;x~ _4.1:'1 ,~. Property Information location Address: 1096 BROWN RD I_~I Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-04-000-0060 Subdivision: HYPOLUXO RIDGE ADD 11N Official Records Book: 18495 Page: 1368 Sale Date: Apr-2005 legaIPE'!$cripti()l): HYPOLUXO RIDGE ADD 1 LT 6 Owner Information Name: JOSEPH FAUDE & ~I ._" -""""""'",'" .. '._ .." .... .-,,'t"iKt"3'.' Mailing Address: 1096 BROWN RD LAKE WORTH FL 33462 5932 Sales Information Sales Date Book/ Page Price SaleIYP.E'! Owner f~"~1 Apr-2005 11;1495/1361;1 $235,000 WARRANTY DEED JOSEPH FAUDE & Apr-2002 13637/1001 $123,600 WARRANTY DEED TOTH ARPAD & Dec-2001 1~2421J!A44 $10 WARRANTY DEED EBERSOLD NARINE F TR Exemptions Exemption Information Unavailable. Appraisals Tax Year: ~QJ)3 Improvement Value: 77 832 Land Value: 18 750 Total Market Value: $129 531 $104451 $96 582 lJ$e~()de: 0800 Description: MULTIFAMILY < 10 UNITS Tax Year 2005 Number of Units: 2 *Total Square Feet: 2112 * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~""'" ...,............,...... ..,__e_.',,_ ,-,':",;,_,,_.. ..' '. .. "'. _ ..'_ _ ".L.,. ~- .. -.'. .... '-'.';- iiiiiiiii'.... I ,',.".' ~ I~~II~~I r.E<;{ _:' "'m. ';', .," ;_....._ '. _ 'Z-!:' '-""-<,,,'" _""'., . _'> .;" "--". ,.-,'"...~,"--..".,.-.,,; ""---;' ~ ,_--,.,...1'P'L'~.#"'~' NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. R~Q[(L~jjJ~.b I IofQrmiitLQO 1E:~l;;mDtjofl~ LJ':QilllIlJJ.l1JIY Il;.l!lplQYlI!~llt I fotew HomUlJIl'l;;[ I Qffi~~L.Q~qtjon~ VCljueJ\djlJ~ml;;ntJIo,<m:f I SClYe,QlJrJ:iQme~ I SeOjoL~QmeI IQ)!&)gimer Home I LiJlK.~ I GIQ~~gW I Fl\Q I form~ ICootilct l)~ I PAPl\ @ 2004 Palm Beach County Property Appraiser. Z;-xh.. k1- -It lttp:/ /www.co.palm-beach.fl.us/papal aspxlweb/ detail_info .aspx?p _ entity=004 34509040000060& geonav... 3/14/2006 II Owner Page 1 of 1 ".1\11 Owner(s) P~N Num,ber: 00-43-45-09-04-000-0060 Owner Names JOSEPH FAUDE 8r. JOSEPH LOUISE ttp://www.co.palm-beach.f1.us/papa/aspx/web/allOwner.aspx?entity _id=00434509040000060&Owner _'" 3/14/2006 ... 0090 --_.~---~ . 1 in. ='78.6 feet ~-I 120 0110 0100 I 0210 0200 0190 0180 o 0080 0091 0100 0110 o 070 0080 O~J ---"\ I I I 0070 0050 0040 00 I 90 0100 0110 I I I i I I I ~ i I I ~23 24 3250 132 3290 3310 3321 33 U II 80 2960 2950 2930 2910 2890 2871 2850 ..CZ( 1 096 BROWN RD Google Local- 1096 Brown Road, Lake Worth, Florida Page 1 of 1 Gooo.le Loc~O http://maps.google. com! 4/6/2006