R17-019 1 RESOLUTION NO. R17-019
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 KRISTIN ELLIOTT AND
9 DAVID ELLIOTT; 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 3203 Karen Drive, Delray Beach, Florida (PCN: 00-
14 43-46-04-18-000-0400); and
15 WHEREAS, the parcel covered by this agreement is vacant land with building
16 permits issued located in the unincorporated Palm Beach County; and
17 WHEREAS, no additional construction will be required by the City to serve this
18 property.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission hereby authorizes and directs the Interim City
25 Manager to execute a Water Service Agreement between the City. of Boynton Beach, Florida
26 and Kristin Elliott and David Elliott, a copy of said Agreement is attached hereto as Exhibit
27 "A".
28 Section 3. This Resolution shall become effective immediately upon passage.
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29 PASSED AND ADOPTED this 21st day of February, 2017.
30
31
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor—Steven B. Grant
37
38 Vice Mayor—Mack McCray
39
40 Commissioner—Justin Katz
41
42 Commissioner Christina L. Romelus
43
44 Commissioner—Joe Casello V
45
46
47 VOTE
48
49 ATTEST:
51
51
52 `4 17E:
53 J : th A. Pyle, CMC f
54 i' y Clerk
55
56
57 ;•: v: .
58 (Corporate Seal)
59 { t;
60 `j.4y 4y
61
:14.9t4;7
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CIYY OF BOYNTON BEACH IDR. Bk 28946 PG 1749
CITY CLERICS OFFICE RECORDED 03/14/2017 09:54:00
Palm Beach Counts Florida
17 MAR 27 PM 12. 18 Sharon R. Bock,C:LERK & COMPTROLLER
Pss 1749 - 17559 (7p9s)
•
W AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
air AND
COVENANT FOR ANNEXATION
(Individuals)
, h
This Agreement, made on this 1 day of 4 b d f\) , 20 )I, by and between:
Kristin&David Elliott 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) 00-43-46-04-18-000-0400
LEGAL DESCRIPTION: Lot 40, Trade Winds'Estates First Addition, according to the plat
thereof recorded at Plat Book 22, Page 44, in the Public Records of Palm Beach County, Florida.
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.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
The Property requires 1 (specify number)Equivalent Residential Connection(s).
4. 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.
5. 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.
6. The City shall have the option of either requiring (a) the Owners) 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.
7. 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.
8. 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.
9. 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.
10. Owner(s) shall pay a twenty-five percent(25%) surcharge on all base facility and water
use charges to the Property.
11. 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.
12. 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.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
13. 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.
14. 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 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
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.
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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 1 day of
V VQ(\1� kr\\ , 20 n. Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: IN IDUAL(S)ASO R(S):
AM y iUd'a be- ck,
First itrtess Si atur Owsker Si natur
Printed Witniess Name Printed Owner Name
cQJ
fP-Lt
iecond Witness Signature
-70-#4,k) k S Som
Printed Witness Name
•
Algki .J.Cat idb 11/74/14/4-/- j/4/1"‘/L---
Firs Witntss Sign t e Owner Signature
L ( t(U4� X111 DW
inted Witness Name Printed Owner Name
( ),
(9t- /44tU(.4-44,
econd Witne s Signature
--I04,L.) kT tSSf,A-}
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 authorized in the State of Florida and in the
County of Palm Beach to take acknowledgments,personally appeared D4 v;ei+14 r is t l A E t 4 i(Ark- 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 and voluntarily and that the individual was ersonally mown to me or provided the
following proof of identification: .
J NO O , . . . . •• County and State last aforesaid this 1 I1'Iday of re(a ,20 j.
(Notary • q, NsMIy Palle- M MINI ((jj
,,;I Commlaskin i FF 41773 Notary Public Signature
---'7,9,--4. My Comm.Expires an 30,2017 y r c c. in c Ca , e
'-' _ - ' ' Printed Name of Notary Public
My Commission Expires: A 4 c, 3 01 10 t7 Commission Number: %F Li i-77°S
Page 4 of 5
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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:
Lo LaVerriere, City Manager
ATTEST:
_ yrz,' wxt� tMf'�hT.
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City Clif / 416.114
i
Approved to 7/rm.
r
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, Interim 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 3 day of Vc1 CAA-cATh 20 r1
TAM•Y L STANZEONE Notary Publ1 }�
nmon
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1407?138-0'53 flaridallotaryServit.o.cow Printed Notary Public Name
My Commission Expires: Commission No. N.06
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11.„_', IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I/We, Kristin&David Elliott, 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:
PCN No.: 00-4346-04-18-000-0400—
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the i.1 day of
, 2011 and the powers and authority shall be irrevocable by Grantee.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
SIGNATURE PAGE FOLLOWS
Page 1 of 2
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals) n
IN WITNESS WHEREOF, we have hereunto set our hands and seals this I day of
' Vh If U I111 , in the year 20 fl.
Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: IND, IDUAL S)7 (S):
.74n/t,ii iii Oa iMC
Firsh Witness ignaty.,re Owner Signature
inlgU\ CL0002- OhVIL I/) 30-T
Printe Witness Nam. Printed Owner Name
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econd Witness Signature
T(7 ti iv i -ter'~i s SPX)
Printed Witness Name
hitiohkfi tilllid;Z
First Witnbss Si natu Owner Signature
Vl y AA Ca"— tl (1(-hit i D4-1'
Print Witness Name Printed Owner Name
s. 4-644-4j---
econd Witness ignature
C7f 4 f l ZC( S 2/\)
Printed Witness Name
STATE OF FLORIDA )
SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me and executed the same this-7day of F e ,
2017, by IA,;Sj.i,yi Eli ;,-t. -k- and flav U ril ; rt{- who are known to
me or v.'s() a e produced the following as proof of identification
(Notary ..tr-�� _ /�
3,till, *WI Aft•Rik ill Reap otary Public Signature
Conalaslea®fY 41775
1w140.Z017 'v c Mc C cl Gj n
• • • • Printed Notary Public Name
My Commission Expires: A 4.c)3 0 1'20 11 Commission No. Er 9 i 71 c
Page 2 of 2
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111111111111111111111111111111111/11111111111
CFN 20170083099
CI.IY OF BOYNTON BEACH IC: I-+°. BK 28946 PG 1765
CITY CLERK'S OFFICE RECORDED 03/14/2017 09N55:51
Pctlm Beach Counts' Florida
17 HO 27 R112: 18 Sharon 5;R. BoCkoCLERK & COMPTROLLER
Pa 176Clrs)
THIS INSTRUMENT PREPARED BY:
James A. Cherof, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6050
RELEASE OF LIENS
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF BOYNTON BEACH, holder of certain Liens filed by the CITY OF BOYNTON
BEACH, against the property described below in Palm Beach County, Florida, alleged to be owned by SHUMAR
METELLUS, CEB NO. 15-1840 recorded February 22, 2016 in ORB 28117, Page 0346 of the Public Records of
Palm Beach County, Florida to wit:
Lot 11, Block 2, OF AMENDED PLAT OF BOYNTON RIDGE, according to
the plat thereof as recorded in Plat Book 24, Page 28 of the Public Records of
Palm Beach County, Florida
PCN: 08-43-45-15-07-002-01 10
•
Address: 510 NE 26th Avenue, Boynton Beach, Florida
does hereby acknowledge satisfaction of said Lien and hereby cancels the same of record.
datiEjWiti,IL
LAJy/ CITY OF BOYNTIN BEACH, FLORI.
Witness
BY:
—Cati�eri e C r ,.
40
(Print Nam Steven B. Grant, Mayor
witness
SHAYLA ELLIS Attest
(Print Name) Judi,'< Pyle, CIvI( Cit.;,urerk :sy a
STATE OF FLORIDA ) a •x ,t.
ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Steven B. Grant, Mayor, as authorized
representative of the City of Boynton Beach, Florida, who is personally known to me -vx —
--p-recttlt,'ed a-s4den$i.fteat-ion-anial-wh -di4'(did not) take an oath, and he acknowledged to
and before me that he executed the foregoing instrument for the purposes therein expressed, pursuant to due
authority.
WITNESS , my hand and official seal this day of __ 'C�`�C� ,2017.
TAMMY LSTAN
'. ` NOTARY PUBLI ar46,7;5
MY COMMISSION#FF213683
ray:= My Commission Expires: ..3/62,4:D.,�r;r1a;:•
EXPIRES March"L5,2019
(U.116 JJr3-t's3Seal) Floridaqoa ySeruice.com
S:\CA\Departments\CODE-ENF\Releases and Satisfactions\510 NE 26th Ave 15-I840.doc
1111111 I 11111111111111111111111
'�...-FN 20170088i05
CITY OF BOYNTON BEACH FtOR ECOF:L!B . 246 cPG 1807
CITY CLERK'S OFFICE 03/14/2017ED2.
THIS INSTRUMENT PREPARED BY: Palm BeachCounty s Florida
James A.Cher',City Attorneyt Sharon Fid C3or_k v CLERK & COMPTROLLER
yof Boynton Beach 17 MAI 2 7 f I i �2: 1 H P9 1= 0 7'a (1159)
P.O. Box 310
Boynton Beach.Florida 33425
(561) 742-6050 PARTIAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF BOYNTON BEACH, holder of a certain Lien filed by the CITY OF BOYNTON
BEACH, Case No. 13-2320 recorded April 16, 2014 at ORB 26730, Page 0867 in the Public Records of Palm
Beach County, Florida against the property described below in Palm Beach County, Florida, alleged to be
owned by FAIRHOMES TURQUOISE WATERS PROPERTIES, LLC., does hereby release such claim of lien
as to the following real property to wit:
Lot 29, THE PALM CLUB, a Residential Planned Unit Development, according to the
Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 45, Page 131 to 133, inclusive.
PCN: 74-42-43-13-07-000-0290
Address: 1238 Pine Sage Circle, West Palm Beach, Florida
The City's lien shall remain in full force and effect as to any other real property owned by FAIRHOMES
TURQUOISE WATERS PROPERTIES, LLC., and shall not be considered reduced,released or satisfied by this
instrument.
1Q (1� 1 CITY OF BOYNTON BEACH, FLORIDA
Witness
Catherine Cherry BY:
(Prin1J La e- Stev n B. Grant, Mayor
WiNor' Atte
SHAYLA ELLIS
(Pr'nt Name) t dith A. Pyle,CM ,_City Clerk "
tittit
•
STATE OF FLORIDA ) B '
ss: � �0.,
COUNTY OF PALM BEACH '
BEFORE ME, the undersigned authority, personally appeared Steven B. Grant, Mayor, as authorized
representative of the City of Boynton Beach, Florida, who is personally known to me er--ka.5
•prod ed as—k#errt-ifreatio an w�Zlyd (did not) take an oath, and he
acknowledged to and before me that he executed the foregoing instrument for the purposes therein expressed,
pursuant to due authority.
WITNESS , my hand and official seal this \ _ day of 0017.
.4Y- --TZ/1/1 2(gl ,
s`PRYYjj•. TA
asi PAY
LST.S�NZSG�'?f.�E NOTARY PUBLI ' _
°:. %v: YJ�6�fi�iH NlGStl2Z i�Y
+ , MY COMMISSION#FF213683 My Commission Expires:3/ . //
(Offs la' eal)EXPIRES March 25,2019
,Orsi•,:
1407 35B.053 rtoridamota yservice cow
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