R07-068
II
1 RESOLUTION NO. R07- 0<08
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
8 CITY OF BOYNTON BEACH AND CAROL AND
9 DENNIS BRANDYBERRY; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 3926 89th Road South, Boynton Beach, Florida; and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in the unincorporated portion of the City's utility service area; and
17 WHEREAS, a water distribution main is already existing allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Carol
28 and Dennis Brandyberry, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
31
S:\CA\RESO\Agreements\Water Service\Brandyberry Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of July, 2007.
CITY OF BOYNTON BEACH, FLORIDA
--=====-"--
.-! -".-~---,~"--
-.-----
Attest:
'--_.:::,....<:-~/
S:\CA\RESO\Agreements\Water Service\Brandyberry Water Service Agreement.doc
Return to: (enclose self-addressed stamped envelope)
I 101 ~ HI I1I11 II II! II !II 11111 '1111 11 1I1111!11 11I1II 1111
Name
Address:
CF N 212l0? IZ!:;I =,1 (I e. '3
OR HI\: 2~l '3="E, PC; 0:'.e.:3
RECORDED 07/ :20/ 2'00';' 1'5: 5:5 : 42
Palm Beach County, Florida
SharclO R. Bo,::k, CLEHK ,~ CCMPTROLLER
Pqs 0883 - 8'33; (1:, pg.s)
~-kl: '"
~f. the Cilj lid
'..ftc,..f Boynton aeacti
L.~\;:X~ mefl~mIr PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
L,
C PrtoL
A-v...:O
R07-0(o8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this -' S ~ay of --.M Pry:l.c.h ,2002. by and between
1)~~" \ S \?fA.Y\~ 'oea.a...'1 hereinafter ,called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
1EJ~@~uw~@
M.4R 2 8 2005
BOYNToNBfACHllTILITIEs
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:
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 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 t8i~W1cl<6'\1fafeHbrvice lines upon the Customer's premises.
331:UO S.W.J]'n;J AIIJ
H3V38 N01HA08 .:10 ),118
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 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 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
cons}itute 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.
2
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
recorded 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
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,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnity, 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 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 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 have set their hands and seals this ~ ~day of
tv'\ ~ o...c.H , 200 5" .
2)::e~ l)~cl
Witness Signature'
~ t\M1CS ] · fOILD &; :sv
~ ~ ~:~s:Nmn
~~I~a7.al~chdte --- ~~
Printed Witness Name I I
~ltV\B~$': j1A-~olt1 L. 8/I'rf\r--,11~
, it:~ it ~. (' ~y-- 3 f 12 , ",<eo v..> '1"'le!>5 ~ If HrTU Il"i:-
Wit ~ 511 n~czh'.
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pr2.\~\Eo LU i~~ 5' t1lKUe"i:-
S OWNER(S):
2>~<2~ V~6l
Witness Signature
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C~oL 1?>fL
L Printed Owner Name
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FOR INDNIDUAL (S) NOTARIZATION:
Q)" lc:I!* D. Ford
: \ MVCOMMISSIOH I DDZ68463 EXPIRE8
: \: NowMbIr 11, 2001
, I IOHIlIDHlI1ICW'MlINMNQINC.
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that ~m this day, before me, an officer duly authorized in the State
\ aforesaid and in the County aforesaid to take acknowledgments, personally appeared
L.C~o\ T \)tCV\t'\\ ~ ~. -e>t2.A-nO'-I 'Be7u2..'-l to me knoWn to be the
person(s) described in and who executed the foregoing instrument that he/she I!Cknowledged before
me that he/she executed the same; that the individual w~rsonally known 10 m~r provided the
following proof of identification: 1'~il.SOl'\ Jl.r ~"t9lJJ"- +0 M 9
WITNESS my hand and official seal in the County and State last aforesaid this (8 ~y of
--1v\~Q.c...l4- ,2005
.1. ~:'.)hl.':~"':~ EXPIRES
. : h",:;rnber 18, 2001
", 5r'\,~" .11'1O\'fAlNIlUlANa,INC
0~s D~6L
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
location Address: 3926 89TH RD S
1 . "'\IMw.....- ._1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-18-00-000-7080
Su bd ivision:
Official Records Book: Page: Sale Date:
legaJDesc;ription: 18-45-43, S 110 FT OF E 180 FT OF WLY 519.10 FT OF SW 1/4 OF SW
1/4
Owner Information
Name: BRANDYBERRY DENNIS J
I. ~UU:)--L'."'JI
Mailing Address: 392689TH RD S
BOYNTON BEACH FL 33436 2402
Sales Information
Sales Date Book/Page
Price SaJeTyPe
Owner
I ~_'d.AIf"C~-h.' '"..,1
Nov-1988 05SZ:2./0SU
May-1985 04560/0302
Jun-1983 03986/1713
$29,000 WARRANTY DEED
$5,000 WARRANTY DEED BRANDYBERRY DENNIS J
$100 QUIT CLAIM
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 4896
Acres: 0.4545
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
l:ii,J:aItUil!!tl-;-IlJiI
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
I."....... "''1' . :" .1
I. ,.$"*,,- ~ ri_ - " I
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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,",orq Searcil I Exemption E,f'ile I fofOfmiltiOo I ExgmPtions I Community I Employment I New Hom," EltJY,"f I Ofn,,"Jocatlons
Valu," AQ]tJstm,"ntBoard I SilVg OWL HOmes I SeOloLCQIQer I i:)is<;liljmer
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(0) 2004 Palm Beach County Property Appraiser,
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00434518000007080&geonav=...
6/7/2007
Structural Detail
Page 1 of 1
Owner Name: BRANDYBERRY DENNIS J
PCN Number: 00-43-45-18-00-000-7080
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 I
Structural Element for Building 1
WOOD FRM STUCCO /
HOLLOW TILE
1986
HTG & AC
FORCED AIR DUCT
ELECTRIC
3
2
o
N/A
GABLE/ HIP
MODULAR MTL.
DRYWALL
N/A
CARPETING
CERAM/QARY TILE
2
1. Exterior Wall 1
2. Year Built
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 800
2. BAS BASE AREA 140
3. FGR FINISHED GARAGE 660
UOP UNFINISHED OPEN 992
4. PORCH
FUS FINISHED UPPER 1600
5. STORY
UOP UNFINISHED OPEN 704
6. PORCH
Total Square Footage: 4896
Total Area Under Air: 2540
IdA'cy...-............... Y;A/6s1
Extra Feature
Description Year Built Units
Deck 1986 640
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed land Information
Land Line # Description Zoning Units Acres
1. SFR AR 1 0
Land Line # Description Zoning Units Acres
2. SFR AR 1 0
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Recore! 5ei'lrcb I EXemptionE~File I Informi'ltiQn I EXemPtions I CommLJnit:y I Employment I New!iomeBLJyer I Qffice Locations
Vi'lILJeAdiLJStmentl3Qilrdl 5ilVe QLJr Homes I Senior Corner I Qisclaimer
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http://www.co.palm-beach.fl.us/papalaspxlweb/detail_inf02.aspx?p _ entity=00434518000007080&Owner _'" 617/2007
All Owner
Page I of 1
All Owner(s)
PCN Number:
00-43-45-18-00-000-7080
Owner Names
BRANDYBERRY DENNIS J
BRANDYBERRY LILLY C
l,,-o/<.!.kf';'\IkUdt* ,'~- - J
,-'., ",I@~- , "",1
http://www.co.palm-beach.fl.us/papa/aspx/web/allOwner.aspx?entity _id=00434518000007080&Owner _ Na... 617/2007
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
ooao
7'23!t
I
m'!""{'''1 ",.
0070
0000
005lI
004lI
7191
7100
7192 7220 7210
71lM1 7200
7$lKI
j- ,:::~'~ro [~ "L- ~
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0171 0201 0031
0010 0041 0071 0111 0141
03061 00.31 lI'3lI1 0271 lI24lI OO6i
r---j 0431 ll4lI1
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0431 ll4lI1 0061 00.31~11l271 I 0240
Legend
c==J Parcel B omdary
~ lot nurrber
Page 1 of 1
Owner Information
peN: 00434518000007080
Name: BRANDYBERRY DENNIS J
location: 3926 89TH RD S
Mailing: 392689TH RD S
BOYNTON BEACH FL 33436
2402
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
SaJesPate
Nov-1988
May-198S
Jun-1983
Palm Beach County Property Map
Map Scale 1 :3072
Map produced on 6/7/2007 from PAPA
http://www.pbcgov.com/papa
http:// giswe b. CO. palm - beach.fl. us/ipapagis/presentationlmapping/printnew .asp ?MAPURL= http:/ 1 gisweb .co.... 6/7/2007