R11-130 1 RESOLUTION NO. R11- 130
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 LOUIS DUCTAN AND
9 MARIE ELDA DUCTAN; PROVIDING AN EFFECTIVE
10 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 1124 Highview Road, Florida (PCN: 00-43-45-09-09-
i
15 000 - 1710); and
16 WHEREAS, the parcel covered by this agreement includes a single family home
17 located in the unincorporated Palm Beach County which receives water from a well; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 allowing for the service to this parcel. No additional construction will be required by the City
20 , to serve this 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 : l being true and correct and are hereby made a specific part of this Resolution upon adoption
25 , hereof.
26 1 Section 2. The City Commission hereby authorizes and directs the Interim City
27 ! j Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida
28 !land Louis Ductan and Marie Elda Ductan, a copy of said Agreement is attached hereto as
29 1 I Exhibit "A ".
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1 Section 3. This Resolution shall become effective immediately upon passage.
2 .1
3 PASSED AND ADOPTED this ( o day of December, 2011.
4
5
6 CITY 0 BOYNTON BEACH, FLORI_
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10 Mayor — J * : . 4 driguez
11 , � 12 f
13 Vice M. /or — William Orlo e
14 f
15 / ry . :-zc :-
16 Commis '- 4 r— toei •wL.Hay
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18 -4ENE-
19 Cos. • ' ' ner —"even .lzm
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21 ..-_
22 Commissioner — Marlene Ross
23 ATTEST:
24
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26 e db - . ka
27 ( Jan: M. Prainito, MMC
28 ~ f'• y Clerk
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31 G�'
32 :,_
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33 ,rj4o Seal) k
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AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS - rn
(Individuals) a,
7 ' -
This Agreement, made on this 02 day of Sept , 2011 , by and between. m 1J
0 c.z-
ha
4.3
Ductan Louis & Marie Elda Ductan , hereinafter called the "OWNER(S)," F ()
and
THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "CITY." - n 0
WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants 1 2 c. f
exchanged herein, agree as following: m r n
U r.}
1. Owner(s) represents and covenants that it owns the following described real property `,y
(hereinafter "Property ") located outside the boundaries of the City, but in the City's water
and wastewater service area: 3
41,
2. The City agrees to provide Owner(s) with water services from the City water system only
as necessary to service the Property.
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any
property other than the Property described in paragraph 1 above, unless written
permission is granted by the City of Boynton Beach. ,.,'
4. The Property requires 1.8 (specify number) Equivalent Residential Connection(s). 4
5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and
inspection of the facilities as required by the City Code to provide service to the `u
Owner(s)'s premises. 9
6. The Owner(s) shall be responsible for installation and conformance with all applicable
codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such
lines shall first be approved by the Director of Utilities and subject to inspection by the
City Engineers.
7 The City shall have the option of either requiring the Owner(s) to use a licensed
contractor to perform the necessary work or the City may have the work performed in
which case the Owner(s) will pay in advance all estimated costs thereof. In the event the
City has such work performed, the Owner(s) will also advance to the City such additional
funds as may be necessary to pay the total actual costs of providing the work
8. Any water main extension made under the Agreement shall yam• sect oriyi.filf -the
Owner(s), unless written permission is granted by the City of Boynton 'each for other
party or parties to connect pursuant to the Code of Boynton Beach ; _d ,
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AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS
(Individuals)
This Agreement, made on this 02 day of Sept , 2011 , by and between:
Ductan Louis & Marie Elda Ductan , hereinafter called the "OWNER(S),"
and
THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "CITY."
WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants
exchanged herein, agree as following:
1. Owner(s) represents and covenants that it owns the following described real property
(hereinafter "Property") located outside the boundaries of the City, but in the City's water
and wastewater service area:
2. The City agrees to provide Owner(s) with water services from the City water system only
as necessary to service the Property.
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any
property other than the Property described in paragraph 1 above, unless written
permission is granted by the City of Boynton Beach.
4. The Property requires 1.8 (specify number) Equivalent Residential Connection(s).
5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and
inspection of the facilities as required by the City Code to provide service to the
Owner(s)'s premises.
6. The Owner(s) shall be responsible for installation and conformance with all applicable
codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such
lines shall first be approved by the Director of Utilities and subject to inspection by the
City Engineers.
7. The City shall have the option of either requiring the Owner(s) to use a licensed
contractor to perform the necessary work or the City may have the work performed in
which case the Owner(s) will pay in advance all estimated costs thereof. In the event the
City has such work performed, the Owner(s) will also advance to the City such additional
funds as may be necessary to pay the total actual costs of providing the work.
8. Any water main extension made under the Agreement shall be used only for the
Owner(s), unless written permission is granted by the City of Boynton Beach for other
party or parties to connect pursuant to the Code of Boynton Beach.
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9. Ownership and title to all mains, extensions, and other facilities extended from the City
Water Distribution System to and including the metered service to Owner(s) shall be
vested in the City exclusively.
10. The Owner(s) 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 now applicable or as may be changed from time to time.
11. Owner(s) shall pay a twenty-five percent (25 %) surcharge on all water use charges to the
Property.
12. Any rights -of -way or easements needed by the City to provide water to the Property shall
be provided by the Owner(s) and at the Owner(s)'s expense.
13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his transferees,
grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from surplus. If the surplus does not exist at the
time of Owner(s)'s actual request for commencement of service, as determined by the •
City's Director of Utilities, then this CITY, without liability, may refuse to initiate service
to the subject premises.
14. The Owner(s) further agrees in consideration of the privilege of receiving water service
from said City, that the execution of this Agreement is considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any
successor or amendment thereto. Furthermore, should any other general law, special act,
or local law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a request by the Owner(s) for annexation under such
other laws. The Property shall be subject to annexation at the option of the City at any
time they are eligible under any one or more of the above - referenced laws concerning
annexation. Owher(s) will inform any and all purchasers of any or part of this property of
this voluntary petition for annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this covenant for annexation is intended to be and is
hereby made a covenant running with the land described in "Exhibit A," attached hereto
and made a part hereof. This Agreement is to be recorded in the Public Records of Palm
Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs,
or assigns of Owner(s) shall be bound by this Annexation Agreement.
16. 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 of local, 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.
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17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, Florida, its Mayor, Members of 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 Owner(s)'s obligation under or performance pursuant to this Agreement, including
disputes for breach of warranty of title.
18. It is understood by Owner(s) and by the City that the _attached site plan "Exhibit B" has
been reviewed by the City of Boynton Beach for compatibility with the City's
comprehensive plan as it relates to land use and density, found to be generally acceptable
to the City and is to be the guide for development of this subject land. In the event that
the site plan is not approved, there shall be no commitment on the part of the City to
serve Owners) if a subsequent site plan results in a change in land use, density or an
• increase in equivalent residential connections.
19. No prior or present 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.
20. The Owner(s) warrants to the City that Owner(s) holds legal and beneficial title to the
property which is the subject of this Agreement.
21. In the event of a sale of the property by Owner(s), Owners) agrees to provide written
notice of the existence of this Agreement to the buyer of the property prior to or in
conjunction with the closing of the sale transaction.
SIGNATURE PAGE FOLLOWS
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have sitt hands and seals this 02
day of s t ,2011
WITNESS as to 0 - = • INDIVIDUAL(S) S OWNER(S):
tness gna ignature
Ivettp P _ rcircepciQn DwItan T,r i i fi
Printed Witness Name Printed Owner Name
1► FAQ..r4
r
ess S gnature
acq eline Stephens _
Printed Witness Name
'I ifies s ign ature O er � ignaturee
Ivette P . Gciti'cepcion Ductan Marie Elda
Printed Witness Name Printed Owner Name
Wi ess Si ature
J cqueline Stephens
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF Florida )
) ss:
COUNTY OF USA )
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
Ductan Louis & Marie Elda 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: D235- 520 -60 -464 -0
WITNESS my hand and official seal in the County and State last aforesaid this 02 day of
Sept , 20.1 1
gag &ail i___z__m
CYNTHIA S. 0ELEON
t Ablagglielk - EqM N F lda Notary P
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Ductan Louis 0 nuctan Marie E1c9a (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Lori LaVerriere, Interim City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
1 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
' , City Manager of the City named in the foregoing agreement
and that he acknowledged executing same and voluntarily under authority duly vested in him 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
day of , 20
(Notary Seal)
Notary Public
My commission expires:
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, 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 Palm Beach
I We, Ductan Louis 0 Ductan Marie Ejl ereinafter "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 annexation by any available means. The real property which is
the subject of this power is described as follows:
PCN No.: 00-43-45-09-09-000-1710
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 20 day of
Sept._ , 20 1 1 and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of
, in the year 20
Sealed and delivered in the presence of
r/ Lt t/t . _/!/ I V /
Witness Sign. re owner Siinat� _
1 a. v., ... S�c� -n _,akE' 1 r. , ---1..1 G r jC�t�/
Print Name Print Name
eez,..447,4.„..,a,--4 ..
Witness igna a _
eif?c i. e fG
Print Na i
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Witness Si to re Owner Signature
y.,,.-,., Ski�:to--t Low 6 0/) /d9 v
Print Name Print Name
(4, )24 4
Wi ess �_
C(//614, / ah
Print Narhe
STATE OF FLORIDA )
) SS:
COUNTY OF PALM-BEACH ) may,
THE FOREGOING INSTRUMENT was ackn wledged before me this 1 day of
, 2011 , by LOUij = d hu6a0 and
kt r Li TQ 0 , who are known to me or who have produced
Ft_ - � I . , as identification and who did/did not take an oath.
NOTARY PUBLIC -STATE OF FLORIDA LE.. L. /kJ _ L..' .:y — . Y I I ,cJ I IA L
",, ,, Catherine Cherry- Guberman
Commission #DD792144 6OT RY PUB C
•' Expires: MAY 27, 2012 'r n P l:l 1 e - (3 Iab Ma
BA *u �iVATLANTICSONDTNGCO.,INC. Type or Print Name
Commission No. b bi qc9.1 L JL4
My Commission Expires: Hay oa r], o -
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Palm Beach County Property Appraiser Property Search System litp: / /www.pbcgov.com/ papa /aspx/ web /detail_info.aspx?p entity
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— Property Information
Location Address: 1.124 HIGHVIEW RD I Vbr t4s I
Municipality: UNINCORPORATED l Calculate l
Parcel Control Number: 00 43 45 09 - 09 - 000 - 1710
2011 Proposed
Subdivision: RIDGE GROVE ADD 1 IN Tax _ �
Reverse Side
Official Records Book: 24388 Page: 215 Sale Date: Feb -2011 Help
Legal Description: RIDGE GROVE ADD NO 1 LT 171
— Owner Information
Name: DUCTAN LOUIS & I All
Mailing Address: 11 ;4 HIGHVIEW RD
LAKE WORTH FL 33462 5956
— Sales Information
Sales Date Book /Page Price Sale Type Owner
I _� AH Sala 1
Feb -2011 24388/0215 519,900 WARRANTY DEED DUCTAN LOUIS &
Sep -2010 24130/1990 521,300 CERT OF TITLE DEUTSCHE BANK NATL TRUST CO TRS
Oct -2006 20990/0282 51 QUITCLAIM BOLIVAR ODETTE
Exemptions
Exemptlon Information Unavailable.
Ap,pw aisatls
Tax Year: 2011 P 2010 2009 Property Information
Improvement Value: 521,770 521,770 $51,628 Number of Units: 1
Land Value: 56,000 $13,102 $36,395 *Total Square Feet: 1772
Total Market Value: 527,770 534,872 588,023 * Nay Udksb living ayes In
reskiendsi properties.
Use Code: 0100- RESIDENTIAL
All values are as of January l each year P = Preliminary Values
— Assessed and Taxable Valu
Tax Year: 2011 P 2010 2009
Assessed Value: $27,770 534,872 $88,023 1 M1 StruOunt Ditto J
Exemption Amount: 50 $0 50 ---
Taxable Value: 527,770 534,872 588,023
1 of 2 9/2/2011 10 :38 AM
. ;. � Water Service Agreements Outside the City of Boynton Beach Limits
(Single Family Homes)
ik '
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
(SINGLE FAMILY HOMES)
FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
1. Please, all blanks (other than signatures) are to be typed
2. Sign the agreement on p.3) and the Power of Attorney form
3. Have all signatures properly notarized on both forms, including the. full names inserted in the notary's
statement.
4. Names in the blanks must match the owners' name as it appears on the deed.
• Correct example: John R. Customer and Alice D. Customer
o Incorrect example: John R. and Alice D. Customer
5. Attach a survey and legal description (LABELED "EXHIBIT Al, or provide the property control
number.
6. Provide the name and address information requested below.
7. Return all documents to this office.
NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS
THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION METING.
THE TIME SHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO
DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION
MEETINGS. (THE COMMISSION MEETS ON THE 1 AND 3 TUESDAY OF EVERY MONTH)
Sincerely,
Anthony M. Penn
Customer Service Manager Utilities
Owners Information
Owner's Name: Ductan Louis & Marie Elda Ductan
Mailing Address :: 129 Eider Ct Royal Palm Beach FL 33411
Na. & Street City State Zip Code
Telephone No.: 561 255 9 6 5 4
Property Information:
Address: 1124 Highview Rd Lake Worth FL 33452
No & Street Cary State Zip Code
Property Control Number (PCN) 00 43 45 09 - 000 - 1710