R06-196
II
I RESOLUTION NO. R06- Iqb
2
3 . A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 i 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 RONALD L. DAWSON;
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 7833 Loomis Street, Lantana, Florida (Tropical
14 Terrace Lot 134); and
IS WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in San Castle/Ridge Grove project 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
S:\CA\RESO\Agreements\Water Service\Oawson Water Service Agreementdoc
"
I Ronald L. Dawson, a copy of said Agreement is attached hereto as Exhibit "A".
2
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
32
33
34
Attest:
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this..<.9l..- day of Novemher, 2006.
CITY OF BOYNTON BEACH, FLORIDA
~~
J(-::r'1
,/2t'lft~L
;./ .'~','. '. "';y-"
/ ". ,,_.,- . ---
..../ ~//'..""'"
~.., /,/ ,...---'~
('-'~~::';'
----:,,,,,;:1,:,, .-
"=~',. (
'-
Vice Mayor
"-- .
. "
-':::>
( Commissioner
c..
~
Commissioner
Yn.~
(C~
If;":::,?,::,,,v~::,,~~~:.:<.>':t'''.:'' "'i,;
/
2
$:\CA \RESO\Agreements\Water Service\Dawson Water Service Agreement.doc
IIIII~ I.I~II.IIIIIIIIII. .I~I ~III
eF'N 2121060673907
OR BK 21158 PG 0734
RECORDED 12/0~.12006 16:25:54
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO"PT~LER
Pgs 0734 - 742; (9pgs) c:::> ('")::;
RO(,-('1G ()~ ::!-;;;
~ ,,-n
C"'l r-CXJ
1 r10
AGREEMENT FOR WATER SERVICE OUTSIDE OJ :~~
. --<
THE CITY LIMITS AND COVENANT FOR ANNEXA TION ~ U> <=>
~ oz
THIS AGREEMENT made on this & day of de-fow ,200 G>,byandbetwee~ ~~
'Rona\d l-, Da.wSOf"\ hereinafter called the "Customer", and th@, rng
CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called
the "City".
THIS INSTRUMENT PREPARED BY:
Jalli -,. Cherof, Esquire
(Jorul, (:herof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. 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 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)
2. The Customer and the City hereby agree that there are K 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 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
nu, ,'C,,)..v to conform the lines or the City may have the work performed on behalf ofthe 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 ofthe 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 attomey 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 I ofthis Agreement. This Agreement and the power of attorney referenced
hcrein 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'v\GMTS\Water Service\Water Service Agreemeilt ~ Rev 1-6-06.doc
2
prohibitions, restrictions, limitations orrequirements oflocal, regional, State or Federal agencies or
01 he, agencies having jurisdiction over such matters. Also, the City shall have no liability in the
evcnt there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikcs, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
II. 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 oftitle.
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1..t.-06.doc
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FO~ ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Jr:! 0"" Jq ~ 0 L. J)~O I..J (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ..?Mayof
_ ~~ ,200."-
WITNESS: ,
Jekc. Mk
~s Signatur~^,\ '11
e >>let rfll f'r
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
,t.d(;/ )~--
Owner Signature
t<e>n._\J L V At....-S.... ~
Pnnted Owner Name
Witness Signature
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF F/orllJ __ )
) ss:
COUNTY OF rh~4.11 )
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
t?/HUJ.tI ,1..- /Jif-WSi>AJ 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: ~L. /)Jt:lv t: r~ Ltc eAJ s Go ,
~TNESS my hand and official seal in the County and State last aforesaid this 45 day of
~ ,200-,"-.
My Commission expires:
NOTARY PUBUC.STATE OF FLORI
~ Judith A. PyleN
Commission #DD4210
Expires: APR. 21, 2009
Bonded Thru Atlantic Bonding Co., Inc.
(Notary Seal)
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
(OVENANT FO ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
;4 LO F jA-.J (INSERT NAME)
, :;
.,<,.,.... .J;i'
. "~
CITY OF BOYNTON BEACH, FLORIDA
a Florida mun' ipal corporation
Kurt Bressner, City Manager
ATTEST: "
~Yn p~
City: Clerk
Approved as to form:
"~
S5l- ,
A C ttomey
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\t J3('~.srH'f ,CityManagerand...J,1fl",-t P'(1.,.,i-fo ,
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 II
--JJ {}1M.."'Ue-"t~' , 200.,k..
(Notary Seal) 7;:1(l~1 If .. hJ r;a:ir
Notary Public
day of
S:\CA\AGMTS\Water Service\Water Service Agreement. Rev 1-6-06.doc
5
Palm Beach County Property Appraiser Property Search System
Page I of2
_If~tirr~, \.0::-.\ Property AppriihHH s Pd,l,(;, ".q: ':,'':.', T,
'j.l;.t":li..l'n ~"",:;'; . .
'."i"lo "..,''''''',.....,,., '" .
~~- ; ','
~;IRil~iLo~
Property Information
Location Address: 7833 LOOMIS ST
~,,"r,1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-1340
Subdivision: TROPICAL TERRACE IN
Official Records Book: 08816 Page: 1383 Sale Date: Jun-1995
Legal Description: TROPICAL TERRACE LT 134
Owner Information
Name: DAWSON RONALD L
~"'.'""l
Mailing Address: 7833 LOOMIS ST
LANTANA FL 33462 6119
Sales Information
Sales Date Book/Page
Jun-1995 08!U611383
Price Sale Type Owner
$54,900 WARRANTY DEED DAWSON RONALD L
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
2006 P 2005 2004
122 462 84 973 76 725
43 899 28 506 15 663
166 361 113 479 92 388
0100 Description: RESIDENTIAL
Tax Year 2006
Number of Units:
'Total Square Feet:
1
1408
* in residential properties may indicate living area.
P = Preliminary Values
Assesse an axa e a ues
Tax Year: 2006 P 2005 2,00,4
Assessed Value: 5166 361 5113479 $92,388 I~
Exemption Amount: ~25 000 $0 $0
Taxable Value: ~141 361 ~113,479 $92 388
d
dT
bl V I
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006P
2592
270
2862
2005, 2004
2 162 1 802
243 191
2 405 1 993
T<lx COllector"WebSite
~
.. '." ' ."".......
~'I
;.:."",;;c,'"",,,",'" "'~",,;;;o.,
1,,',Bilci:IUII.-_.~ ~ I""",""",_~,'""'''''I
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Record Searcb I Infgrr:nqtion I Exemption$ ICQmmPllil:y I EmploYrTJl2:nt I New HOrne:6lJyer I Offic~LoC&tiO(l$
vaILJeA,,,qJlJ$trnent Board I Save Our Home$ I Seniof<:::Orner I DiSclClirlJer 4
Home Il,nk, I Glo"a'1 I FAQ I Foc",s I Contact Us I PAPA Ei-
http://www.co.palm-beach.fl.us/papalaspx!web/detail_info.aspx?p _ entity=004345I 00700.,. 10/25/2006
THIS INSTRU!HENT PREPARED BY:
James A '~h(',(ll, fsquire
Goren I lJl!odyand Ezra!. P.A.
3090 b~;! '"uf':mcrcial Blvd.
Suite 2()O
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PC\11Yl Bea.ch e.DUn-,
I1We, Ro 00.\(\
L, lliwsan
, hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in filct 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:
PCNNo.: {)O-Jt.3-ifS-/o- 07-000 -/30/0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the R:; day of
QC-ffi1e-' , 20.okand the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~S- day of
~, in the year 20Q!p
Sealed and delivered in the presence of
Jhe. ~
~tnfss Signature , \ \
Le'IW'la WI) I e f<..
Print Name
~4#L~~.._~
~er SIgnaj:ur,
. 0">---. C'~ \ ~ L. \?~
Pnnt Name
Witness Signature
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
ffJ_ TJIE FOREGOING INSTRUMENT was'J,Cknowledged bef9{e me this ~ day of
~~ 2~ by ~1o.>4UJ L. .LJA-<<>stJIV and
, who are known to me or who have produced
K IJIlIYe';(} LIef<< as identification who did/did not take an 0
WNOTARY PlJBI1C'5,TATEOF FWRIDA
Judith A. Pyle
COll1l11lssion # D0421091
Bonded ~~':~e ~R~ 21, 2009
'.In, {J;j" 1m;,
Type or Print Name
Commission No.
My Commission Expires:
S:\CA\AGMTS\Water Service'flower of any.doc - 1-6..Q6
H:\l 990\900 I 82.BB\AGMT\Power of Attorney-tIKI 1-30-06.doc
...
1 in, = 40.7 feet
,r-/
(((7
'-\
(-
118' 1330
\
1170
, 1160 1350
I
I I
I I
I I
I I
I I
I
I I
I 1360 I
I I
I I
I I
I ,
I 1140
I
I
I
I
, 1370
,
,
1380
1120
1390
1110
Location - 7833 Loomis Street