R15-069 1 RESOLUTION NO. R15 -069
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO SIGN AN AGREEMENT FOR
6 WATER SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND ALIREZA
9 BARZROODIPOUR; 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, at 1090 Ridge Road, Lantana, FL 33462 (Parcel Control
15 Number 00- 43- 45- 09 -08- 000 - 0190); and
16 WHEREAS, the parcel covered by this agreement is a single - family home located in
17 the unincorporated Palm Beach County portion of the City's utility service area; and
18 WHEREAS, the property historically receives water from a well and the owner
19 requests that the City provide potable water in the future; and
20 WHEREAS, no additional construction is required by the City 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 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 sign a Water Service Agreement between the City of Boynton Beach, Florida and Alireza
28 Barzroodipour. A copy of such Agreement is attached hereto as Exhibit "A ".
29 Section 3. This Resolution shall become effective immediately upon passage.
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l
2 PASSED AND ADOPTED this 7 r day of , 2015.
3
4 CITY OF BOYNTON B ACH, FLORIDA
5
6 YES NO
7
8 Mayor — Jerry Taylor v
9
10 Vice Mayor — Joe Casello c/
11
12 Commissioner — David T. Merker c/
13
14 Commissioner — Mack McCray t/
15 L
16 Commissioner — Michael M. Fitzpatrick
17
18
19 VOTE S G
20
21 ATTEST:
22
23 j'
2 e t M. Prainito
i ty Clerk
27
28 �� a�
29
30 (Corporate Seal)
31
,, 4.0 N
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Return to: (enclose self- addressed stamped envelope) IIIIIIIIIIIIIIIII 111113IIIIIPNI Ili
Name i i
CFN 20150255346
Address: OR BK 27660 PG 0041
RECORDED 07/09/2015 14:36:19
Pals Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 0041 - 47; (7pgs)
c-�
c-s --+
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS :''
x AND " m r
° T ®� COVENANT FOR ANNEXATION r �„
°N (Individuals) o
This Agreement, made on this day of , 20 I S, by and between:
-
k ; e ?_c, jc�JZrooc�, Pow 6 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 privilege of receiving water
service from the City Water System and the mutual covenants expressed herein, the City of
Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows:
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:
County Property Appraiser's Property Control Number (PCN) (O - 93 -LIS - 01 -U se, , OW -O x,9
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 f (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
Property.
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 Property 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 (a) the Owner(s) to use a licensed
contractor to perform the necessary work or (b) 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.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
8. Any water main extension made under the Agreement shall be used only for Property of
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 Ordinances and regulations of Boynton Beach.
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 unless otherwise conveyed or abandoned to the property owner.
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 Code of 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 base facility and 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 or her
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
Property.
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 eligible under any one or more of the above -
referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this
property of this voluntary Petition for Annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a
covenant running with the land described in paragraph 1 above. 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 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
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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.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, 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 Owner(s)'s obligation
under or performance pursuant to this Agreement, including disputes for breach of warranty of
title.
18. 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.
19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the
Property which is the subject of this Agreement.
20. In the event of a sale of the Property by Owner(s), Owner(s) 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.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
TWO (2) SIGNATURE PAGES FOLLOW
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this.? day A da of
' Y\CA.1 , 20 1 Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER S):
_Fir Witness Signature Ow er Signatur
/ J t Pott(
P • ted Witness Name Printed Owner Name
cond Witness �S - G-� -
Printed Witness Name
First Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Second Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly aut:lorized in the tate of Florid and in th9
County of Palm Beach to take acknowledgments, personally appeared to me . Aire - z q wrz r bo l pour
as the Owner(s) named in the foregoing Agreement and that he/she acknowledged executing the same in the presence of
two subscribing witnesses freely andvoo1unttri1y and that the individual was personally known to me or provided the
following proof of identification: F 0 (.-,. 1
WITNESS my hand and official seal in the County and State last aforesaid this c j day of . 4aL
(Notary Seal) 4te - CATHERINE CHERRY-GIBERMAN 1 .. 1 ' LJ. 7 ..'' . #irt:. rt
* , * MY COMMISSION t EE 207630 otary Public Si gyialure
arum F EXPIRES: June 12, 2016 rrn e rj - U oe r , fl
nf ''ECF F a� Baided Thor Budget Notary Serves Printed Name of Notary Public
My Commission Expires: IP -1().-4 Commission Number: LE . i pr)
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH, FLORIDA
A Florida municipal corporation
By:
Lori LaVerriere, City Manager
ATTEST:
City Clerk
Approved as to Form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in
the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, City Manager and Janet
Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally
acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City 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 Signature
Printed Notary Public Name
My Commission Expires: Commission No.
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezrol. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ' Pa l ISTJe
Me, A (; r e „ ,rcDoc9t (-btti; hereinafter "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:
PCNNo.: OD -y3- - 46- d - D S- -al
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the day of
\'Y"}Q. , 20 \ j and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 7 1-.1-1 day of
`Cl 3 , in the year 201
Sealed and delivered in the presence of
Witness Si atu I Owner Si i : �� e
!_.e r<1 -/ cf z ct bc.tr &t c c) ftt r
Print Name Print Name
1 mess Signature
,0/1 --
Print Name
Witness Signature Owner Signature
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
Ami
THE FOREGOING INSTRUMENT was acknowledged before me this �� day of
aL 20 1'), by /411 ( z a ! x r2_1 at,l and
, who are known to me or who have produced
FL b_(,. , as identification and who did/did not take an oath.
1
ter per• � -1 ' t � a rk J ink ..a L4id
a p ....., •.�
CAPER* CHERRY$UBERMAN
MY COMMISSION 1 EE 207630 NOTARy PU C
q , *
' EXPIRES: June 12, 2016 0 (. c _ u brava
, Bonded Thru Budget Notary Se Try
F� � Type or Print Name
Commission No. c �O 7 (D 6
My Commission Expires: -
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H: \1990 \900182. BB\AGMT\ Power of Attorney -Ind 1- 6- 06.doc
Page 1 of 2
°'"` Gary R. Nikolits, CFA Homestead Exemption MEI
l/ . Property Appraiser
Pa.rkoch County 4
Location Address 1090 RIDGE RD
Municipality UNINCORPORATED
Parcel Control Number 00- 43- 45- 09 -08- 000 -0190
Subdivision RIDGE GROVE IN
Official Records Book 27455 Page 47
Sale Date APR -2015
Legal Description RIDGE GROVE LT 19
Mailing address
Owners 4039 PONZA PL
BARZROODIPOUR ALIREZA
LAKE WORTH FL 33462 3436
-
Sales Date Price OR Book /Page Sale Type Owner
APR -2015 $30,000 27455 / 0047 WARRANTY DEED BARZROODIPOUR ALIREZA
JAN -2015 $0 27259 / 0488 CERT OF TITLE FEDERAL NATIONAL MRTG ASSN
•
MAR -1997 533,000 09687 / 1845 WARRANTY DEED NGAETH VANNY &
JUL -1991 $100 06884 / 1785 QUIT CLAIM
JUN -1984 533,925 04278 / 1509 WARRANTY DEED
Exemption Applicant /Owner Year Detail
NGAETH VANNY 2015
*Total Square
Number of Units 1 908 Acres 0.09
Feet
0100 - SINGLE RM - Multi - Family (Medium Density) (00-
,Use Code Zoning
FAMILY UNINCORPORATED )
Tax Year 2014 2013 2012
Improvement Value $23,918 $18,618 $11,077
Land Value 511,144 511,144 $10,613
Total Market Value 535,062 529,762 $21,690
All values are as of January 1st each year
Tax Year 2014 2013 2012
Assessed Value 524,238 $22,881 521,613
Exemption Amount $24,238 $22,881 521,613
Taxable Value 50 50 50
http: / /www.co.palm- beach. fl.us/ papa / Asps /PropertyDetail /PropertyDetai 1. aspx ?parcel = 004... 5/27/2015
Page 1 of 2
I VI* ,r"di Gary• R. Nikolits, CFA Homestead Exemption M ;
Property p raiser
I L palm h County r �
Owner Name: BARZROODIPOUR ALIREZA
Parcel Control Number: 00- 43- 45 -09 -08 -000 -0190
Location Address: 1090 RIDGE RD
Structural Element for Sketch for Building 1
Building 1 12
1. Exterior Wall 1 CB STUCCO
12 16
2. Year Built 1958
1
Air Condition
3. Desc. NO HTG /AC 25 11
4. Heat Type NONE
18 18
5. Heat Fuel NONE
8 3,,
6. Bed Rooms 1 r 11
9 7. Full Baths 1 1 Area 1
8. Half Baths 0 Area 2
9. Exterior Wall 2 N/A
Area* .
10. Roof Structure SHED
11. Roof Cover BUILT -UP T/G
12. Interior Wall 1 PLASTER
13. Interior Wall 2 N/A
14. Floor Type 1 VINLY ASB. 1
15. Floor Type 2 N/A
16. Stories 1
Subarea and Sq. Footage for
Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 557
2. 108
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4039 PONZA PL ' � x
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LAKE WORTH FL 33462 �� 7 �� ;;..
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3436 ,�
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PROPERTY OF PLATTED
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CORNER I HEREBY CERTI IS
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.
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ORMATION AS PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEEN MADE BY THIS OFFICE. /NTEN7 - `D I Id' , `c
TEEN LOCATED. STAT.OF EL D A PURS � .\
•
)DETIC VERTICAL DATUM 1929 (N.G.V.D. 1929) UNLESS OTHERWISE NOTED. CODlit"!D IT , MENTI
S HAVE BEEN EXAGGERATED FOR CLEARER ILLUSTRATION. MEASURED RELATIONSHIP SHALL HAVE PRECEDENCE OVER SCALE POSITIONS. STA`T ES
ED AND CORRESPOND TO RECORD INFORMATION UNLESS SPECIFICALLY NOTED OTHERWISE. • ��'
'AND MAP HAVE BEEN MEASURED TO AN ESTIMATED HORIZONTAL POSITIONAL ACCURACY OF 0.10 (FT) 1 m -� •ATP��
' MAP BY O THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." (CHAPTER k
CODE PURSUANT TO SECTION 471027 OF THE FLORIDA STATUTES) SIGN I� . .
'IC SURVEY, MAP, AND REPORT REQUIREMENTS. GIN Of ' N' . ` .gip %'./
FLORI[7A N" }, :.5044,a
SUCH AS ASPHALT OR CONCRETE, ALTERNATEMONUMENTATION MAY BE USED THAT IS DURABLE AND IDENTIFIABLE ." (EXAMPLES: FENCE POST, BLDG. NOT VALIt l Mb1C�jJ1 I6%
THE FLORIDdd '�.IIaE _ N,SEfYSk1F