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R06-186 " 1 RESOLUTION NO. R06-/8f.:. 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 MICHAEL PORCELLI; 9 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 1128 Highland Road, Lake Worth, Florida (Ridge 14 Grove Lot 103); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in San Castle/Ridge Grove proj ect area; and 17 WHEREAS, water main improvements have recently been constructed by Palm 18 Beach County as part of a neighborhood improvement project on this street allowing for the 19 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 1 S:\CA \RESO\Agreements\Water Service\Porcelli Water Service Agreementdoc " 1 Michael Porcelli, a copy of said 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 27 28 29 30 31 3 3 34 PASSED AND ADOPTED this ~ day of November, 2006. CITY OF BOYNTON BEACH, FLORIDA // / \ --) /) / ' r.t-;;~ _ t- !~ ~ / '"'- Commissioner / Commissioner Attest: Yn.~ 2 S:\CA\RESO\Agreements\Water Service\Porcelli Water Service Agreement.doc 'r.HIS INST1UJMENT PREPARED BY: 111111I11111111I1111111111I1111111111111I11111I1111111I CFN ::'~~()OtS()6476'{JoO OR BK 21102 PG 0491 RECORDED 11/20/2006 10=59=59 Palm Beach County, Florida Sharon R. Bock,CLERK t COMPTROLLER ROb~:'IBi~l .. 'SOli 0Ip9s;' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION 2.' y\A. 11 V- ^ ^ THIS AqREAM~ made onthis ---=- day of 0<:.. To o--e r ,200 l:2, by and between IV\ I uV\~1 y, oru,( l \ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH~ a municipal corporation ofthe State of Florida, hereinafter called the "City". Jallil' 1\. Chtrol: Esq!,l.irc: Goren, CheJ'of, Doody & Ezro], P.A. 3099 East Commerdal Blvd. Suite 200 1'1. Lauderdale, FL 33308 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; l. 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 L 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 confonnance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 2: All such lines shall be approved by the Director of Utilities and subject to inspection by the City ~ N 1...0 EIa 38,;]d ! SNOI1,;]l3~ ~3WOlsn8 IaU9(;PL 19S '."J c) D~ (fl =i-< -<0 -::-) ., ,-co '-'0 .?:? -< --.,,-.... ~ -"'"- -". en --1 ...... 0 _ 0-:. _ .,"- .. ....,OJ en -,.." -.J " ::t> rr1" :r 91313(;/(;1/513 (;S:S1 F:ogi neers. The City shall have the option of either requiring the Customer to perfoml the work nec:;ssary 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 inclured 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 cOImections shall be provided by the Customer to the CHy. 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 armexation at the option ofthe City at any time the properly 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 inevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City1s 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 descri bed in Paragraph 1 ofthis Agreelnent. 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:\Cr\\AGMTS\Wat~t Sel'Vic~\Wa~ St=rvict: Agrt:em":ill - Rt:v 1-6-06.doc 2 1:>0 3!::l'Vd ! SNOll'Vl3~ ~3WOlsn8 0Ug2:1:>L 199 2:9:91 g002:/2:1/50 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, stIikes, boycotts, blackouts, fire, earthquakes, other casualties or other circLUl1stances 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 incWTed 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 pm-ties 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S:\CA\AOMTS\Wutt:r St:rvice\Water S~rvjct: Agn:l:menl" Rev 1..(i,.{)6.dQc 3 90 39lJ'd ! SNOlllJ'l3~ ~3W01Sn8 0GL9(;t>L 199 (;9:91 900(;/(;1/50 AGREEMENT }"OR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATIOrtPEr,t)WEF~N THE CITY OF BOYNTON BEACH AND 'f\A \ ~ (}.G \ -L- [0 'fLe \ II (INSERT NAME) 2~rd leir hands and seals this .'"n..__~= day of WITNESS: z!:/ivuLJtJ, M:tJ ~ess Signature , '_ '. /LQ r i t' ;t1 (;7(( ;1::1 Printed Witness Name ~ {lJ.~'~JAJYY{.Vk Witness Si at~e b ~_ .Qher~- () frmarJ Printed Wit ess Name IN WITNESS WHEREOF, the parties hereto aye _O~1.~~rJ-e., ,200JE. tA ~ -~..,- ~ ' Wf\er 19nat e . ((I q,-e 1 0 (" ~ ( l \ Printed Owner Name Owner Signature Witness Signature Printed Wjtness Name Printed Owner Name Witness Signature Printed Witness Name FOR 1ND1VIDUAL(S) NOT ARIZA TION: STATE OF fi O'f'~ ct tL- ) D. \. D ) sS' COUNTY OF ~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State iforesaid an~' the G,ounty aforesaid to take acknowledgments, personally appeared M r ~ 1- Df u..{ II 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 w~s personally known to me Or provided the following proof of identification: ~OvivUr' Uu ~ . . J>l,L{ ~stP(P31\'--o. , . .1.!'~ WITNESS_my hand and offiCIal seal m the County and State last aforesaId this day of Oy1t>~ .200P. (Notary Seal) ~b~~ My Conunission expires: ~."...~, a\. Notary Public Slate of FloIida . _ . Carol A Mahoney Uk. ''r/ My Commission 0D460414 , .'. Expires 0811012009 90 38~d ! SNOll~l3~ ~3W01SnJ 0GL92';PL19S 2';S:S1 9002';/2';1/50 IN WITNESS WHEREOF, we have hereunto set our hands and seals tt2~daY of ()(;)-o k.v- ,in the year 2ev Sealed and delivered in the presence of 7;;f~-ia_ m MiL W~t~s Signature V (L-/O ( i e. It D'Pf-s Print Name O~~dIL Print Name Witnah Si tur~ be Q. . err\{ - DO rmClY) Print Name " Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: ) COUNTY OF PALM BEACH +: Ov-~ ~'U"-K- r Co 1'1 ~YlP 10 s ~to-D zhd- THE FOREGOINQ, INSTRUMENT w. acknowledge ~fore me this -aay of P~TD\.?cf . 2~, by ... wA . t(:)f"t.{ l . . who are known to me or who have produced ; as identification and who did/did not take an oat Q~4~ N&TARY PPBLIC 0.(0) R vYla.h~~ Type or Print Name Commission No. DD '+(OO4-/<f J'~y ~ Notary Public State of Florida ..1. Carol A Mahoney '\ c'J- '" My Commission D0460414 Of ,., E~pl(es 08/1012009 My Commission Expires: S:\CA\AGMTS\WaIt:r Sl:rvice\pawcr ohUy.doo - )-6-(16 1-1:\1 <)!Xl\900 182.aa\AOM'nPoWet of ~nJCy-.lDd 1.30.06,dQc 01 :39V'd ! SNOI1V'l:3~ ~:3W01Sn8 0GL92:vL199 2:9:91 9002:/2:1/50 ^GREEMENTFOR WATER SERVICE OUTSID}: THE CITY LIMITS AND COV~ ,FOR ANNEX~ 8ETW~EN THE CITY OF BOYNTON BEACH AND . \ C \t\ o--tJ. \. 0 r a U I (INSlt:RT NAME) CITY OF BOYNTON BEACH~ FLORIDA a Florida m nicipal corporation Approved as to fonn: STATE OF FLORIDA ) ) S5: COUNTY OF P AiM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid lO take acknowledgments, personally appeared ~4~t :Rl'e.s~n-e...(' ....--JCityManagerand VA--n~ fJr-fA ;i\;-to · City Clerk respectively. of the Cily named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under autholity duly vested in them by said City and that the City seal affixed thereto is the true corporate seulaffixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this IS lJD.lUd'^. b e,t'"" , ZOO.fL.. day of (NoLary Seal) -,;:t~ D Notary Public m~ My commission expires: ...;::;.~~ VALORIE MOATS ~'iJ:~ MY COMMISSION' DO 346198 \ :,J EXPIRES: September 17,2008 ~Rf.:t\l...' Bonded Thfll Not.ry Public UndllWlll.1I S:\CA\AGMTS\W!lI~r S~rvict:\Waltll" S<:.'vice Asreemenl- kt:v 1.6-06.<Ioc 5 L0 38'\i1d ! SNOll'\i1l3~ ~3WOlsn8 0GL9(;pL19S (;S:S1 900(;/(;1/50 Palm Beach County Property Appraiser Property Search System Page 1 of2 _;;~~J:~~~_~,:~~t;:.~_-": ::: ;r.opertY ApprB\l.IiU'S Pllbllc Acc€!'s Svsten . ,,)I, " ' _ , t",!1l ?, ,'^' "'% '" " y ~ wcitX1idM%"" ~,,-" ~ ~ ~lIIIIfIl; q , t(h ' 1 ~ ,&f ~ ____ ~ :wd4iM$itl%~",*<<<<~ '>>i>>> " Property Information Location Address: 1128 HIGHLAND RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-1030 Subdivision: RIDGE GROVE IN Official Records Book: 18291 Page: 1616 Le9al,Description: RIDGE GROVE LTS 103 8t 104 Sale Date: Mar-2005 Owner Information Name: PORCELLI MICHAEL . ,AlLllwftAnt b'lll Mailing Address: 6278 BRA NCHWOOD DR LAKE WORTH FL 33467 738 5 Sales Information Sales Date Book/Page Price Sale Tll~ Owner I"Ldd~""-h" Mar-2005 Feb-2003 18291Ll.!U.2 1503J.L1~77 U8S_~L!):L2() $103,000 QUIT CLAIM PORCELLI MICHAE L $104,900 WA RRANTY DEED MOORE DAVID A 8t Jun-2002 $70,000 WA RRANTY DEED BLUEWAVE PROPERTIES [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: 2006 P 2005 20Q4 $114,209 $77.494 69,499 551 881 $33.689 18,510 5166 09(] $111.183 88 009 Tax Year 2006 Number of Units: 1 *Total Square Feet: 2006 IJ~~ Coctg: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. P = Preliminary Values A d dT bl V I ssesse an axa e a ues Tax Year: 2006 P I ~O05 201>.1 Assessed Value: $166 0901 90 649 88 009 lis@:rJ"I.}~l Exemption Amount: $01 2500(] 25 000 Taxable Value: $166.0901 65,649 63 009 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: lajj~' 1_~b,g_..1 UtX Col~ctor -.WebSite ~rm0il1 IJ~Lba>t&1 L~!i]j'j-IdDL;n~1 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. B..e<:QrQSearch I Ioformqtion I tKeJl1.QtLon? L~;~mmlLnjjy I LIJ1QiQ-YI}lent I New ljome Blli'TI I OfficJ;Locilljons Value tlQll&tr11ef!t~qa"li I S~"'-EL.QlJr-'iOB1r.? I S.~nior Cgrner I Disclaimer liome I Links I Glgg;il!}' I FAQ I f_OLn1i I Conta~ Us I PAPA a,-A http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043450908000... 10/2/2006 All Owner Page 1 of 1 All Owner(s) peN Number: 00-43-45-09-08-000-1030 Owner Names PORCELLI MICHAEL l~i1~l""/;bji"'''\k1 ~f_~ff>GIaIe."'''h"'''",'~cll http://www.co.palm-beach.f1.us/papa/aspx/web/allOwner.aspx?entity _ id=004 34509080001... 10/2/2006 THIS INSTRUMENT PREPARED SY: James A. Gh(~r!lt, E:;(juirCl: l:'orefl. C nerol. lJuody IIIIId EzroJ. P .A. ::l099 I~EI~1 ~ornm~rcial Blvd. Suile:!oo Fl. ~uderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLOrA COUNTY OF iA.. \ (Y\ Pn6-6L Nt u\t\~1 P po 'ice (If ' I1We, , hereinafter ttGrantee\ 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~ main~ 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: PCNNo.: ODrLj'5-<.fj / o~---68-DOD .--103 0 The powers and authority of my attorney, THE CITY OF BOYNTO~ BEACH, FLORIDA, shall commence and be in full force and effect on the '2 ~ day of .Q.LT 0 k/, 2~and the powers and authority shall be irrevocable by Grantee. 80 39~d ! SNOI1~l3~ ~3WOlsnJ 0U9(;vL19S (;S:Sl 900(;/(;1/50 ... 1 in. = 79.7 feet 3018201810 1791 1780 177017601750174017301720 1710 6008500840 0821 0810 0791 0771 0760 0750 0730 07200710 I I 0890 0910 0930 0950 0980 0991 1010102 00 1180 1160 1141 1130 1120 1100 1090 ;{061 1050 1510 1490 1390 1240 1250 1261 1280 1300 1311 13401350 1360 t 1128 Highland Rd 1128 Highland Road, Lake Worth, Florida - Google Maps Page 1 of 1 Address 1128 Highland Rd Lake Worth, FL 33462 '1 http://www.google.com/maps?f=q&hl=en&q= 1128+ Highland+Road, +Lake+ Worth, +Flor... 10/1812006 CITY CLERK'S OFFICE MEMORANDUM TO: Pete Mazzella Deputy Utilities Director FROM: Janet M. Prainito City Clerk DATE: November 30,2006 RE: AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS - The following Agreement for Water Service Outside the City Limits was recorded in Palm Beach County on November 20, 2006, for your information and files. R06-186 Michael Porcelli, PCN 00-43-45-09-08-000-1030 If you have any questions, please do not hesitate to contact me. ~/ ~/7ftJ; c: Cheryl Smith Original to Central File S:\CC\WP\PBC recording\year 2006\WATER SERVICE AGREEMENT\TRANSMmAL MEMO - To Pete MazelJa - Recorded Docs.doc