AGENDA DOCUMENTS
PLANNlNG AND ZONING DEPARTMENT MEMORANDUM NO. 95-253
Agenda Memorandum for
June 6, 1995 city Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J, Heyden j~hi
Planning and zoning Director
TO:
DATE:
May 31, 1995
SUBJECT:
ANNEXATION PROGRAM - PHASE 2, GROUP 2:
Application #2-Royal Manor Mobile Home EstateS\!
APplication #3-Carriage Gate Condominium
Application #4-Lawrence Oaks
Ordinances for Annexation, Future Land Use Plan
Amendment, and Rezoning
please place the above-referenced items on the June 6, 1995 City
Commission meeting agenda under Legal - ordinances, Second Reading.
DESCRIPTION: You will recall that the above-referenced properties
are being annexed as Phase 2, Group 2 of the City's Annexation
program. The City Commission approved the applications for these
properties on January 17, 1995, therefore approving for transmittal
to the Florida Department of Community Affairs (DCA) the respective
proposed amendments to the Future Land Use Map. The DCA conducted
an summary review of the proposed amendments and finding no need
for a comprehensive review, advised the City on April 12, 1995 to
continue processing them through the adoption of ordinances.
You will also recall that there were originally four (4) properties
being processed in this phase of the Annexation Program. Excluded
f~om the above list is Application #1-Windward PUD, which has been
separated from this group as a result of pending litigation. The
litigation involves the validity of the water service/annexation
agreement, which is the primary mechanism used in the Annexation
Program. whether Application #1 is processed further will be
determined through the outcome of the court proceedings.
RECOMMENDATION: staff recommends that these ordinances be
approved.
TJH:mr
Attachments
NIICZI'aC2CRDI.aCN
~~ri1
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-217
Agenda Memorandum for
May 16, 1995 city Commission Meeting
TO: Carrie Parker
city Manager
FROM: Tambri J. Heyden .~
Planning and Zoning Director
DATE: May 11, 1995
SUBJECT: ANNEXATION PROGRAM - PHASE 2, GROUP 2:
Application #2-Royal Manor Mobile Home Estates
Application #3-carriage Gate Condominium
Application #4-Lawrence Oaks
Ordinances for Annexation, Future Land Use Plan
Amendment, and Rezoning
Please place the above-referenced items on the May 16, 1995 City
Commission meeting agenda under Legal - Ordinances, First Reading.
DESCRIPTION: You will recall that the above-referenced properties
are being annexed as Phase 2, Group 2 of the City's Annexation
Program. The City Commission approved the applications for these
properties on January 17, 1995, therefore approving for transmittal
to the Florida Department of Community Affairs (DCA) the respective
proposed amendments to the Future Land Use Map. The DCA conducted
a summary review of the proposed amendments and finding no need
for a comprehensive review, advised the City on April 12, 1995 to
continue processing them through the adoption of ordinances.
You will also recall that there were originally four (4) properties
being processed in this phase of the Annexation Program. Excluded
from the above list is Application #l-Windward PUD, which has been
separated from this group as a result of pending litigation. The
litigation involves the validity of the water service/annexation
agreement, which is the primary mechanism used in the Annexation
Program. Whether Application #1 is processed further will be
determined through the outcome of the court proceedings.
RECOMMENDATION: Staff recommends that these ordinances be approved
on First Reading.
TJH : mr
Attachments
MI8CX:P2G20RDS.~GM
VI. rUBLIC HEARING
B
cc: Plan, Dev, Uti1
PLANNING AND ZONING DEPARTMENT MEMORANDUM
Agenda Memorandum for
January 17, 1995 city Commission Meeting
FROM:
Carrie Parker,
City Manager
Tambri J. HeY9.en, 'I>J
Planning and Zoning Director
TO:
DATE:
January 12, 1995
SUBJECT:
Royal Manor Mobile Home Park (ANNEX #94-007)
Annexation Program, Group 2 of Phase 2
Applications for Annexation, Land Use Amendment/Rezoning
Please place the above-referenced items on the January 17, 1995
City Commission meeting agenda under Public Hearing.
DESCRIPTION: The subject property, which is located on the north
and south sides of Gateway Boulevard, immediately east of the
Windward PUD is to be annexed pursuant to the Annexation Program
and particularly, pursuant to an agreement for water service and
annexation. The entire Royal Manor Mobile Home Park is owned by
Royal Manor Mobile Home Estates, Inc., and consists of 437 units
(mobile homes). In 1992, the City approved an agreement for water
service and annexation with the owner of Royal Manor in order for
the Park to receive municipal sewer service. Pursuant to this
agreement, staff recommends that this property be annexed,
reclassified to Moderate Density Residential from High Residential
B in the county, and rezoned to R-1 (Single Family Residential)
from AR and RS-SE (Agricultural Residential and single Family
Residential with Special Exception).
For additional information on the Royal Manor Mobile Home Park
applications please see Planning and zoning Department Memorandum
No. 94-376.
Approval of these applications will allow the proposed Land Use
Element amendment to be transmitted to the Florida Department of
Community Affairs (DCA). Following their preliminary review,
ordinances will be adopted, the DCA will conduct a review for
compliance determination, and once found in compliance, the
ordinances will become effective (21 days following compliance
determination). The total review process takes approximately B
months.
Pursuant to the Comprehensive Plan and Annexation Program, staff
recommends that these requests be approved. The supporting
analysis is provided within Planning and zoning Department
Memorandum No. 94-376.
RECOMMENDATION: The Planning and Development Board recommended
approval of this Plan amendment and rezoning by a 6-1 vote.
TJH:mr
Attachments
IIl.MJ:2:ItOYAt.AGM
...
.
....
7.11..3.
Annexation program Application #2
Royal Manor Mobile Home Park
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-376
THRU:
Chairman and Members, planning and Develqpment Board
Tambri J. Heyden, Planning and Zoning Director
Michael W. Rumpf, Senior Planne~
TO:
FROM:
DATE: January 4, 1995
SUBJECT: Royal Manor Mobile Home Park - (File No. ANNEX 94-007)
Application #2 - Annexation Program, Group 2 of Phase 2
Applications for Annexation, Land Use Amendment/Rezoning
.rf~ ~~~ ~11g1J:d.t4( ~t'i!~
., Yo ill re all the City's current efforts to annex western tfI.' '<Is..(i:,~
properties through the Annexation Program, and that the last phase ~~(
(Phase 2-Group 1) included Palm Beach Groves, Knollwood Groves, /~
Sausalito Groves, Heartland Health Care center, and the Greentree
Plaza I shopping plaza. On October 18, 1994 the City Commission
directed staff to continue implementing the annexation program by
annexing the next group of eligible properties, which are
identified as Phase 2-Gro~2. . ~~~will also recall that eligible
properties are defined as~n~~iguous properties whose owners
have previously consented to annexation through the agreement for
wate. service with the City. The Royal Manor Mobile Home Park is
one of four (4) eligible properties now being recommended for
-l~ J~~::e:::::n~OR MOBILE HOME PARK {fjj~l!z-~~,~~
I' -7' -., Royal Manor is a 437 unit mobile home community occupying (~rt
approximately 85 acres of property on the north and south sides of ~.
Gateway Boulevard, immediately east of the Windward PUD (see ~..
Attachment nAn). Royal Manor appears to be an established, well
kept, quality mobile home park which is owned and operated by Royal ~
Manor Mobile Homes Estates, Inc. In 1992, the City approved an
agreement for water service and annexation with the owner of Royal
Manor in order for Royal Manor to receive the City'S sewer service.
DELIVERY AND CAPACITY OF URBAN SERVICES
Accorfl:ing to. evaluations by the providers of major urban services
(e.t)~olice, Fire, and Public Works) if any of the four (4), Phase
2-Group 2 properties were annexed, certain expenditures would be
proposed to ensure the continued, delivery of superior services.
As ind~d-~d on th~ .s~~!'fM}.able (see Attachment nBn), public
Works serve~\fi.t:h eXisting capital and personnel,
and the Police Department would request only one (1) additional
employee, if either Royal Manor or the Windward PUD were
incorporated. The greatest expenditures (to be requested if
annexation took place) were indicated by the Fire Department. It
should be noted that the subject properties are all~ithin the
service area (range) of Fire Station #3. Fire station #3 has
superior service capability compared to the corresponding County
station (with respect to response times, staffing, and equipment) ,
and no deficiencies currently exist or are anticipated in the near
future. The potential expenditures would Simply allow the City to
maintain superior back-up service to this geographical area,
without assistance from the remaining stations. In general, such
expenditures would enable Station #3 to respond simultaneously to
three (3) emergency calls (Fire station ,#3 is currently capable of
providing full service to two (2) concurrent emergency calls).
NOTIFICATIONS TO PROPERTY OWNERS
With respect to notifications and opinions regarding annexation,
staff has met with residents of Royal Manor as well as
representatives of the association, and the owners have recieved
both a courtesy letter describing the annexation program, and the
1
-
-
.'
of~icial rezoning notice. Opinions felt by the residents are
mixed, and the property owner has not communicated an opinion
regarding the annexation of this mobile home community.
APPLICATION CONTENTS AND REVIEW SUMMARY
This request for Royal Manor consists of an application for
annexation and land use plan amendment/rezoning. As this property
is being annexed in accordance with the City's annexation program,
staff has completed the necessary applications, and the
corresponding application fees were waived.
Additional information on these applications is found on the
following page and is in the form of an abbreviated summary. This
summary includes a brief outline describing the property, the
application, adjacent land uses, the availability of facilities,
the basis on which it is found consistent with the Comprehensive
Plan, other pertinent information, and staff I s recommendation.
Attachment "B" summarizes data in this report as well as provides
information relative to service delivery and fiscal impact.
.
2
REVIEW SU~Y - ROYAL MANOR MOBILE HOME PArtK
lllli
85 acres
LOCATION:
North and south sides of Gateway Blvd., appx. 1350 west of Lawrence Road.
EXISTING LAND USE:
PROPOSED LAND USE:
High Residential 8 (County)
Moderate Density Residential (7.26 du/acre)(City)
EXISTING ZONING: AR and RS-SE Agricultural Residential and Single Family
Residential with Special Exception for mobile homes.
PROPOSED ZONING: R-l - Single Family Residential
CURRENT USES:
A 437-unit mobile home park with community center, recreation
facilities, and other ancillary amenities, Individual lots within
Royal Manor Mobile Home Park are rented from a single owner of the
entire park (Royal Manor Mobile Home Estates Inc.), "
No change proposed. , . L (t,h~ \\ ~ b
\J~\\ '" ~~t~)1fJFU
~ LAND USE
PUD LDR
HR8
N/A
HR12
HR8
HR8
Boynton Nurseries
Sausalito Groves
Lawrence Road
mobile homes
mobile homes
mobile homes
ZONING
~
RM
N/A
AR
AR
AR
PROPOSED USE:
ADJACENT LAND USES:
North:
Northeast:
East:
Southeast:
South:
West:
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Consi&tency with the Future Land Use Plan - Consistent
The Comprehensive Plan Future Land Use Map does not recommend land use designations for
unincorporated properties located west of Lawrence Road. The Future Land.Usl' miW_.willl).---J
'1. be amended to show this annexed property as Moderate Density Residential~n~i~~
tv~lf'1 comparable to Palm Beach County's High Residential 8 classification. Maximum densities
allowed under the County's and the City'S classification are 8 dwelling units per acre
and 7.26 dwelling units per acre, respectively. The gross density of the park is 5.14
units per acre.
Consistency with the goals, objectives, and policies - Consistent
Given that the Moderate Density Residential classification is comparable to the current
County classification, and since the existing development and proposed land use
classification is consistent with the adjacent land uses, this proposed action and land
use classificstion are consistent with all goals, objectives and policies of the
Comprehensive Plan. However, there are several issues that should be addressed, as
they describe characteristics of this site, indicate consistency with the Comprehensive
Plan, and/or fulfill requirements of the Florida Department of Community of Affairs
with respect to the review of plan amendments.
Selection of Zonina District
The R-l zoning district is being proposed as it is the district that corresponds with
the Moderate Density Land Use Classification. It should also be noted that Policy
6.4.1 of the Comprehensive Plan requires that mobile homes be allowed in all zoning
districts where single-family detached dwellings are permitted.
Annexation
This request for annexation, which is in accordance with the City's annexation program
established pursuant to Policy 8.10.4, is consistent with Florida Law.
Availabilitv of Facilities
Florida Administrative Code requires that the availability of, and impact upon public
facilities be analyzed. Given that the proposed land use classification is comparable
to the County's classification, this land use plan amendment would have no additional
.
impact upon the existing availability of public facilities beyond that generated (or
allowed to be generated) by the County's land use classification.
Imuact uuon Historical/Archeolo2ical Resources
Not applicable
ImDact UDon Native Habitats or other Environmental Resources
Not applicable
Flood Zone: "B"
3
'-~
...--'
Consiste~ with the Palm Beach Countv Co~ehensive Plan
The proposed designation represents a comparable land use classification to the{
current, Palm Beach County land use classification.
RECOMHENDATIOR ~I~~~
The Planning and Zoning Department reconunends that this application ~:d &:,~
connection with the Annexation Program be approved based, in part, on the folloWing~~
~ The subject property is contiguous to the corporate limits; ~ (~ ~{)l.rt .
2. The subject property lies within the City's Reserve Annexation Area;
3. The annexation of this property is consistent with the City's Annexation Program;
and
4. The proposed land use amendment is consistent with the goals, objectives and
policies of the Comprehensive Plan.
MISCIX:AXP2G2#2.REP
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A't'tAC\lMENT II A"
LOCA't1.0N MAP
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ATTACHMENT "B"
SUMMARY TABLE
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7.A.3.
Annexation Program Application #2
Royal Manor Mobile Home Park
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-376
TO:
Chairman and Members, Planning and Development Board
THRU:
Tambri J. Heyden, Planning and Zoning Director
Michael W. Rumpf, Senior Planne~
FROM:
DATE: January 4, 1995
SUBJECT: Royal Manor Mobile Home Park - (File No. ANNEX 94-007)
Application #2 - Annexation Program, Group 2 of Phase 2
Applications for Annexation, Land Use Amendment/Rezoning
INTRODUCTION
You will recall the City's current efforts to annex western
properties through the Annexation Program, and that the last phase
(Phase 2-Group 1) included Palm Beach Groves, Knollwood Groves,
Sausalito Groves, Heartland Health Care center, and the Greentree
Plaza I shopping plaza. On October 18, 1994 the City Commission
directed staff to continue implementing the annexation program by
annexing the next group of eligible properties, which are
identified as Phase 2-Group 2. You will also recall that eligible
properties are defined as those contiguous properties whose owners
have previously consented to annexation through the agreement for
water service with the City. The Royal Manor Mobile Home Park is
one of four (4) eligible properties now being recommended for
annexation.
THE ROYAL MANOR MOBILE HOME PARK
Royal Manor is a 437 unit mobile home community occupying
approximately 85 acres of property on the north and south sides of
Gateway Boulevard, immediately east of the Windward PUD (see
Attachment "A"). Royal Manor appears to be an established, well
kept, quality mobile home park which is owned and operated by Royal
Manor Mobile Homes Estates, Inc. In 1992, the City approved an
agreement for water service and annexation with the owner of Royal
Manor in order for Royal Manor to receive the City's sewer service.
DELIVERY AND CAPACITY OF URBAN SERVICES
According to evaluations by the providers of major urban services
(e.g. police, Fire, and Public Works) if any of the four (4), Phase
2-Group 2 properties were annexed, certain expenditures would be
proposed to ensure the continued, delivery of superior services.
As indicated on the summary table (see Attachment "B"), Public
Works could serve all sites with existing capital and personnel,
and the Police Department would request only one (1) additional
employee if either Royal Manor or the Windward PUD were
incorporated. The greatest expenditures (to be requested if
annexation took place) were indicated by the Fire Department. It
should be noted that the subject properties are all within the
service area (range) of Fire Station #3. Fire Station #3 has
superior service capability compared to the corresponding county
station (with respect to response times, staffing, and equipment),
and no deficiencies currently exist or are anticipated in the near
future. The potential expenditures would simply allow the City to
maintain superior back-up service to this geographical area,
without assistance from the remaining stations. In general, such
expenditures would enable Station #3 to respond simultaneously to
three (3) emergency calls (Fire Station #3 is currently capable of
providing full service to two (2) concurrent emergency calls).
NOTIFICATIONS TO PROPERTY OWNERS
With respect to notifications and opinions regarding annexation,
staff has met with residents of Royal Manor as well as
representatives of the association, and the owners have recieved
both a courtesy letter describing the annexation program, and the
1
official rezoning notice. Opinions felt by the residents are
mixed, and the property owner has not communicated an opinion
regarding the annexation of this mobile home community.
APPLICATION CONTENTS AND REVIEW SUMMARY
This request for Royal Manor consists of an application for
annexation and land use plan amendment/rezoning. As this property
is being annexed in accordance with the City's annexation program,
staff has completed the necessary applications, and the
corresponding application fees were waived.
Additional information on these applications is found on the
following page and is in the form of an abbreviated summary. This
summary includes a brief outline describing the property, the
application, adjacent land uses, the availability of facilities,
the basis on which it is found consistent with the Comprehensive
Plan, other pertinent information, and staff's recommendation.
Attachment "B" summarizes data in this report as well as provides
information relative to service delivery and fiscal impact.
2
REVIEW SUMMARY - ROYAL MANOR MOBILE HOME PARK
~
85 acres
LOCATION:
North and south sides of Gateway Blvd., appx. 1350 west of Lawrence Road.
EXISTING LAND USE:
PROPOSED LAND USE:
High Residential 8 (County)
Moderate Density Residential (7.26 du/acre)(City)
EXISTING ZONING: AR and RS-SE Agricultural Residential and Single Family
Residential with Special Exception for mobile homes.
PROPOSED ZONING: R-l - Single Family Residential
CURRENT USES: A 437-unit mobile home park with community center, recreation
facilities, and other ancillary amenities. Individual lots within
Royal Manor Mobile Home Park are rented from a single owner of the
entire park (Royal Manor Mobile Home Estates Inc.).
PROPOSED USE: No change proposed.
ADJACENT LAND USES:
North:
Northeast:
East:
Southeast:
South:
West:
Boynton Nurseries PUD
Sausalito Groves
Lawrence Road
mobile homes
mobile homes
mobile homes
LAND USE
LDR
HR8
N/A
HR12
HR8
HR8
ZONING
PUD
RM
N/A
AR
AR
AR
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Consistency with the Future Land Use Plan - Consistent
The Comprehensive Plan Future Land Use Map does not recommend land use designations for
unincorporated properties located west of Lawrence Road. The Future Land Use map will
be amended to show this annexed property as Moderate Density Residential since it is
comparable to Palm Beach County's High Residential 8 classification. Maxinrom densities
allowed under the County's and the City's classification are 8 dwelling units per acre
and 7.26 dwelling units per acre. respectively. The gross density of the park is 5.14
units per acre.
Consistency with the goals. objectives, and policies - Consistent
Given that the Moderate Density Residential classification is comparable to the current
County classification, and since the existing development and proposed land use
classification is consistent with the adjacent land uses, this proposed action and land
use classification are consistent with all goals. objectives and policies of the
Comprehensive Plan, However, there are several issues that should be addressed, as
they describe characteristics of this site. indicate consistency with the Comprehensive
Plan, and/or fulfill requirements of the Florida Department of Community of Affairs
with respect to the review of plan amendments.
Selection of Zonin2 District
The R-l zoning district is being proposed as it is the district that corresponds with
the Moderate Density Land Use Classification. It should also be noted that Policy
6.4.1 of the Comprehensive Plan requires that mobile homes be allowed in all zoning
districts where single-family detached dwellings are permitted.
Annexation
This request for annexation, which is in accordance with the City's annexation program
established pursuant to Policy 8.10.4, is consistent with Florida Law.
Availabilitv of Facilities
Florida Administrative Code requires that the availability of, and impact upon public
facilities be analyzed. Given that the proposed land use classification is comparable
to the County's classification, this land use plan amendment would have no additional
impact upon the existing availability of public facilities beyond that generated (or
allowed to be generated) by the County's land use classification.
Imoact UDon Historical/ArcheoloRical Resources
Not applicable
Imoact uoon Native Habitats or other Environmental Resources
Not applicable
Flood Zone: "Btt
3
Consistency with the Palm Beach County Comorehensive Plan
The proposed designation represents a comparable land use classification to the
current, Palm Beach County land use classification,
RECOMMENDATION
The Planning and Zoning Department reconunends that this application submitted in
connection with the Annexation Program be approved based, in part, on the following:
1. The subject property is contiguous to the corporate limits;
2. The subject property lies within the City's Reserve Annexation Area;
3. The annexation of this property is consistent with the City's Annexation Program;
and
4. The proposed land use amendment is consistent with the goals, objectiyes and
policies of the Comprehensive Plan.
MISCIX:AXP2G2#2.REP
4
ATTACHMENT "A"
LOCATION MAP
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ATTACHMENT liB"
SUMMARY TABLE
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1
AGEMJA MEMORANDUM
UTILITIES DEPAR'IMENT NO. 92 - 386
~--.~
TO:
J. Scott Miller,
City Manager l,
utilities Director r
,--'
FRCM:
John A. Guidry,
october 12, 1992
~
DATE:
SUBJECI': Water Service Agreement - Royal Manor Mobile Hane Park
!II~T9RY
Royal Manor Mobile Hane Estates is canprised of 437 mobile hanes, and is
located west of Lawrence Road, along N.W. 22nd Ave. The facility currently
has its own water and sewage treatment plants, and has been providing for
its own potable water and sewer service since its construction.
A site plan showing the layout of the park, and deeds p.xhibiting ownership
are included with the agreement.
~IsaJ~SION
The facility's sewage treatment plant has been experiencing problems with
sewage effluent disposal. and the park desires to apply to the City for
sewaqe service onl y at the present time. A sewage force main with adequate
reserve capacity is available near Royal Manor's property line on N.W.
22nd Avenue. As stated in the agreement. Royal Manor will be responsible
for the design and construction of all utilities necessary to connect to our
system.
The president of the corporation owning Royal Manor, Mr. Ted Miller, has
verbally inquired about the possibility of the City financing the sewer
capital facilities charges for the mobile hane park. As part of this
submittal, we request the Commission be polled as to their preferences in
this matter, as there are several precedents existing whereby the City has
effectively financed sewer capital facilities charges over several years to
large mobile hane parks. As you may recall, we also have reserve capital in
the sewer impact fee account, and are not in dire need of this capital
payment as a l~ sun. We would. of course, include a suitable interest
rate in the financing package.
RT"'I ...-..,.,., 1 ~. r'. ' l )
.' l .' J '. 1 l
.. ...... .. ~ .
oC\ i:l
!'11'JHHi,,'; f.\l:flf.
.
J. Scott Mille!:
Octobe!: 12, 1992
Page 2
The applicant is anxiously awaiting this approval so that he may p!:oceed
with the design and construction of the improvements necessary to
facilitate connection. His current effluent disposal pond is at capacity
and may ovedlow during the upcaning winte!: season.
BE~ATJOO
We request this matter be brought before the City Commission for app!:oval of
the enclosed water service agreement at your earliest convenience. If the
Commission is favorable toward the issue of financing the capital facilities
charges for this facility, we would be willing to negotiate an agreement
with the applicant, and bring that back to the Commission for approval at a
late!: date.
JAG/PVM
Enclosures
bc: Peter Mazzella (w/enclosures)
xc: Jim Cherof (w/encl.)
Sue Kruse (w/ two original applications & encl.)
Chris Cutro (w/encl.)
File (w/encl.)
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
:,
II
,
"
I
]
This agreement, made on this 7~h day of
October , 19 92 by and between
Royal Manor Mohilp Homp R~~~~p~ Tndlereinafter called the
I "CUSTOMER", and the City of Boynton Beach, a municipal
icorporation of the state of Florida, hereinafter called the
I "CITY" .
i WITNESSETH, that the customer, his heirs and assigns, for
land in consideration of the privilege of receiving water service
Ifrom the Municipal Water System agrees to the following:
I 1. The city agrees to provide Customer with water services
Ifrom its Municipal Water System only as necessary to service the
project described in the Application for Water service submitted
I by Customer. The Customer has specified that there will be
, 437 Equivalent Residential Connections and the City
i hereby agrees to serve those 417 Equivalent Residential
i Connections.
, 2. The Customer agrees to pay all costs of engineering,
I,material, labor, installation and inspection of the factilities
:as required by the City code to provide service to the Customer's I
I
premises. The Customer shall be responsible for installation and I
i:conformance with all applicable codes, rules and regulations of i
':all service lines upon the Customer's premises and all such lines I
,Ishall first be approved by the Director of utilities and subject:
"
"to inspection by the City Engineers. The City shall have the I
',option of either requiring the Customer to perform the necessary I
':work or the City may have the work performfd in which case the
[icustomer will pay in advance all estimated costs thereof. In the'
event the City has such work performed, thfl Customer will also
.'advance such additional funds as may be necessary to pay the
': total actual costs.
i.
i
3. Any main extension made under the Agreement shall be
i used only for the customer, unless permission is granted by the
,!city of Boynton Beach for other party or parties to connect
'pursuant to the Code of Boynton Beach.
" 4. Title to all mains, extensions and other facilities
I'extended from the City Water Distribution system to and including
'Ithe metered service to Customer shall be vested in the city
i' exclusively.
"
'i 5. The' Customer agrees to pay all charges, deposits, and
I,rates for service and equipment in connection with water service
,I outside the City limits applicable under City Ordinances and
Irate schedules which are now applicable or as may be changed from
time to time.
6. Any rights-of-way or easements in this area shall be
provided by the Customer.
7. It is understood by the customer, and shall be binding
upon the customer, 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 customer's actual request
I 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.
8. The Customer further agrees in consideration of the
: privilege of receiving water service from said City, that the
I' execution of this Agreement is considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the
I. 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 petitionary
,
il
:request for annexation under such other laws. The premises shall
ilbe subject to annexation at the option of the City at any time
ithey are eligible under anyone or more of the above referenced
!laws concerning annexation. Customer will inform any and all
Ipurchasers of any or part of this property of this voluntary
'petition for annexation and its applicabilities to such
Ipurchasers.
I 9. The Customer acknowledges that this covenant for
:annexation is intended to be and is hereby made a covenant
lrunning with the land described in "Exhibit A", attached hereto
'land made a part hereof. This Agreement is to be recorded in the
Public Records of Palm Beach County, Florida, and the Customer
'and all subsequent transferees, grantees, heirs or assigns of
Icustomer shall be bound by this Annexation Agreement.
I 10. It is agreed that the City shall have no liability in
,the event there is a reduction, impairment or termination in
iwater service to be provided under this Agrsement due to any
,prohibitions, restrictions, limitations or requirements of local,
lregional, state or Federal agencies or other agencies having
ijurisdiction over such matters. Also the City shall have no
iliability 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
,
lor other circumstances beyond the City's reasonable control.
,
11. The Customer 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
'iindividual and official capacities) from and against all claims,
damages, lawsuits, and expenses including reasonable attorneys'
Ifees (whether or not incurred on appeal or in connection with
post judgement collection) and costs rising out of or resulting
I :from the Customer's Obligation under or performance pursuant to
Ithis Agreement.
ji
j 12. It is understood by Customer and by the City that the
::attached site plan "Exhibit B" has been reviewed by the City of
!iBoynton Beach for compatability with the City's comprehensive
I:plan as it relates to land use and density, found to be generally
j'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
i'approved, there shall be no commitment on the part of the City to
:,serve Customer if a subsequent site plan results in a change in
II land use, density or an increase in equivalent residential
connections., ,
!
13. 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
Ishall be valid upon the parties unless in writing executed by the
,parties to be bound thereby.
!
,I IN WITNESS WHEREOF, the parties hereto have set their hands
I,and seals this 7th day of Octnh"'T , 19 <l?
IIWITNESS:
(Customer)
i
'~(corporate Seal)
i; .
'!STATE OF '1=-'- 0R..\f::Ii\
!COUNTY OF ~c.\....v, b<..\t
FOR CORPORATION NOTORIZATION:
I HEREBY CERTIFY that on this day, before me, an officer
II
I
i~UlY authorized in the state aforesaid and in the County
I,aforesaid to take acknowledgements, personally appeared
" ",,,,,II ,T Mi ll..r and Rose Marie Miller well known
Ito me to be the President and Secretary respectively of the
corporation named in the foregoing Agreement and that they
:severally acknowledged executing the same in the presence of
'two SUbscribing witnesses freely and voluntarily under authority
dUly vested in them by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
!
I WITNESS my hand and official seal in the County and State
'last aforesaid this 7t-h day of O"t-nh..r , 19..2.L...
I
I
I
i
I(Notary Seal)
I:
s.. ~. ~ 0 (.. \-.. t\c.k.~
Notary Publ ic t!.~ r, !-I'" S!^I.1 0: n,,.idij
M.. (?'rr:m(5~,i,;li r':"'i~'", i ~"" l' l"',"s~
'UI . " ,." 0' 't
My Commission Expires: ~nr>t.dTllJu 1royFoin.ln,uf<Jnceln('.
I!
I
I,
"
II
:~1TNESS:
CITY OF BOYNTON BEACH, FL
Mayor
ATTEST
AS to City of Boynton Beach
I
i
City Clerk
(corp. Seal)
,
ISTATE OF FLORIDA
,
II
,COUNTY OF PALM BEACH
II
I HEREBY CERTIFY that on this day, before me an officer duly
lauthorized in the State aforesaid and in the county aforesaid to
Irake acknowledgements, personally appeared
, , Mayor and
il , City Clerk well known to me
ito be the Mayor and City Clerk respectively of the City named in
ithe foregoing agreement and that they severally acknowledged
:executed the 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
Icorporate se,al of said City.
:1 WITNESS 'my hand and official seal in the County and State
~ast aforesaid this day of , 19
I
I( Notary Seal)
I
I
i
Notary Public
My Commission Expires:
~pproved as to form:
,
i
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1
'I
ILegal Description Approved:
City Attorney
,
Ii
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City Engineer
.
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/55
lM OFF
ACH REC
RAMCO FORM B
this fult-Claim .Betti, Execuled Ihi, (p ~ clay 01
TED J. MILLER and ROOE MARIE MILLER, his wife
Ilral parly. 10
n
J~dt'nUK.'0 . A. D. 1978 . by
I
ROYAL MANOR MJBILE
who.e po.lolllce addre.. I.
"
P.O. Box 820, Boynton Beach, Florida 3343
HOME ESTATES, INC.
8779 Lawrence Road,
.econd parly:
(Wherever \lIed hetein the term. "lint 'p.'IY" and ".ecnnd p.rty" mall include .In,ula, Ind plural, heln le..1
repretentatlvp, and _1m 0( individual.. .dd the .uec:eNOU and ...11.' 01 corpor.doQl, whitt...., the cGnte.1
!to .dmlll or A1qllim.)
UltRessdh, Thall/le .ald Ilral parly, for and In con,lderallon ollhe .um of S 10.00---------r
In Itand pold by ,lte .ald ..cond porly, lite recelpl whereof I, h.reby ac~nowledoed, doe. hereby reml.e. reo
Ie...e and qUIl-c!a'm un'o Ihe said .8Cond par'y forever. 011,1.. rlohl. IIl/e, Inleresl, claim and demand which
Ihe .ald II..., parly fm.,ln and 10 Ihe followlno de.cr/bed 101, piece or pa'cel 0/ land, .!Iual., lylno and being
In Ihe Caunl; of Palm Beach Slale of Florida . 'o.wit:
A parcel of land in Section 13, Township 45 South, Range 42 East, Palm
Beach COlmty, Florida, more particularly described as follows:
The South 110 feet of the North 280 feet of the East 200 feet of the
West SSO feet of the Southeast quarter of the Southeast quarter of said
Secticn 13. TOGE1lffiR with the improvements thereon and fixtures therein.
~_..~,~._-
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ULIl;UMtN IAI( Y=
SUR T.~X =
I:: 00, 551:
... TAT~ OF FLO~~g.&\
i?OCUMEN ARy~_,....~~SlA -; \
~PT. o~ RE~EIIUE {e~. >~~! ::: 0 O. 3 0 \
::: :: Sf PI 1'78 . .',t,.~(' - . 1
:: P.D. ....~........ ..-..:...
:= IHQ4 .~
C>
-" :, ',,-' . -"----../
~ (Ji~~~ ~ ~
\.~~t1 FLORI A
on Pm. P;;1I'1I1
o or P.I.
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10 Itaut and to )told Ihe 'ame logelher will. all and IIngular the appurtenance. ,hereunlo
b.longlng or In anywlae apperlainlng, and all Ihe eslale. rlghl. III/e, Inlere.I, lien. eqully and claim whal-
soever of Ihe .ald flrd parly, ellher In law or equity. to the only proper ...e. bene/II and behool o/l"e .ald
.econa party forel1er.
In -"'ltntss ltthtreof, The .aid firat parly foa. .Ioned and ,ealed Ihe.e presenl. Ihe doy and year
firal above wr/Ilen. '
S led and delivered
J HEREBY CERT'.'FY that on this day, berare me, an
officer duly authorized in the State .foresaid and in \he County .foreaaid to take ac\nowledgment'f penonally appeared
TED J. MILLER and ROSE MARIE MILLER, his wife,
to me known to be the pcnot6. delCribed in and who executed the for('going instrument and they
belore me that they executed the .ame.
. 12 ~ESS, my hand and olficial ..a1 in th. co.nt~a. 'are la.. a~or~"id,t " c:_'fJ
~I./,A D. 1978 . "ell1l YII'IIIi' ... ,dJU..z.Z1... .\.. i~... -f.~~
.......&IICotlllly.'" NorAR fit"\"' " ':a';ii!;:..,
, '... I, DUllIIt. NOlaRY UBLlC SlATE Of no llA;" ,li' G ' ~: ,."
, ClIrIr Clrcalt Clcort MY COMMISSION EXPiRES APR1r-.:,:{I. ~~I~ I ,.) .:.", ~.
..~' \ I., ' i "l ~ BONDED IHRU M~Y<<ARD BONDI~~.; :~~Il'r _ . .:". '''~
. " 1./
TI1is Ins/rumcn/ p"pon:d by: ald J. Fruda, Attorney at Law ;;..;.. '.: 3 I \ (, ..,
Addrr:ss J ~~yn~~XB~~~. Florida 3343S,;::'>:': 'i:.,.;:l~<'
923PAGE 603 ' "':1
acknowledsed
day of
.,L ~6s75
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EXHIBIT A
~ . "repared by
ontYlB. t"
111'. ,,,,,\ru'" H CC\~!':Ell~
JOHN. lluilO,ng
924 B,scay". 3313Cl
10110",1, FlorlOo
"
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~ft"M 110
arhi51amndt! 1m
Mild/.. t~" CJ.~ J}. dOli of .:5tpttm...,6vt.-) ,.1, D. 1912 I
Between TED J. MILLER AND ROSE MARIE MILLER
, '
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of t"'. cQu"tr of Palm Beach ,Stat. 01 Florlda . partIes of th. Itr,t "ort.
ADd ROYAL MANOR MOBILE HOME ESTATES, INC., a FlorIda corporatIon
8779 Lawrence Road, Boynton Beach, Florida
nl th. eo""'r~lm- BlllIo!. .. j Btat. ot--fiorhh.' -. parry--DnA,-..o"ncl part.
Wltnenetht. tMt th. ,old port les of th. Itr,t port. lor aM ,,, OO1ll.cI.ratkJ"
01 tit. '16m 01 TeN DOLLARS------------.------------------------ aM ot".r
.* o",d voJuo"'. cortC,ld.ratfo'". to them b~ Mnd paid by the ,old part y
01 the ,eoo",d part. the ,..eo"pt w".reof /, "'''''11 aoknowlecl(ed. have ,,..o...,ed.
bo,..ta.".d a...d folel to the ,aid pa,t y of the ucond pa,..t. Its successors .....
aM lJIri,,., 10"lJer. thll followln, clllorlbed lllnd. ,Huate. l,ll"" a...d b.I..., 'n the
eou"t, o( Palm Beacn . State of FkJrt.da, to wit: .
The Southwest Quarter of the Southeast Quarter; the Northwest Quarter of
the Southeast Quarter; the North 280 feet of the Southeast Quarter of the
Southeast Quarter, EXCEPT a raad right-of-way recorded In 0, R, 1823,
Page 48 and EXCEPT the South 110 feet of the North 280 feet of the East
200 feet of the West 550 feet of the Southeast Quarter of the Southeast
Quarter of Section 13, Township 45 South, Range 42 East, Palm Beach
County, Florido, containing 83,3 ocres, more or less,
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Subject to taxes for 1972 and all encumbrances of record.
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.4lU1 tile ,aid part les 01 thll Itrd part do h.rllb" (u.r11J _"'o"t tll. tlUe to ,014
long ond wtll derend thll .ome atal,,,t the lawful claim. of all PII"O"" wllom,o'lIer.
In Witne88 Whereof} the .at.d port les 01 the /I,..,t pa,t Mve .r.unta
ut their a"ds a"el Ilia s the dOli and "ea,.. It,,~ a"Z wr tt It.
. . ........., .. .~ ~
,- - - ~~::~/ J/itf'A;-. -
ROSE MARIE MILLER ~
}
-..../
_.~.~--
- _._.--,.~.~~-