R03-172RESOLUTION NO. R03- 17~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND AKRAM BASTA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
and sewer service area, located a t t he intersection o f Ja vert Road a nd O ld B oynton
and
WHEREAS, the subject parcel contains a single-family home, and only water service
s available at this time; and
WHEREAS, City policy requires annexation of the property to be serviced at the
practicable time, as a condition of the granting of water services outside its
urisdictional limits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
Section 2. The City Manager is hereby authorized and directed to execute a Water
Service Agreement between the City of Boynton Beach, Florida and Akram Basta, said
being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~,~ | day of October, 2003.
:\CAhRESO~Agreernents\Water Service~Basta Water Service Agreement.doc
192~ ~
CITY OF,/~.> OYNT/QN~BEAgH, FLORDA
Vice Mayor-~
IS
:\CA\RESO~Agreements\Water ServiceXBasta Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IIItlJllllllllllllllllllllltlJl
11/21/2003 11:18:07 20030726535
OR BI< 16223 PG 1~17
Palm Beach County, Flo'cida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGRE,EMENT m,a~cle ,on this.~O''~; day of ~)r'~ ,2042,~, by
and between /z~-/~'/"~?//,t ,~,~j,-/o.. hereinafter called
the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of
the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida
provide water service to the property owned by Customer; and
WHEREAS, the City of Boynton beach has the ability to provide water service to
Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of
water services outside of its jurisdictional limits on annexation of the property to be
serviced into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water
service from the Municipal Water System and the mutual covenants expressed herein,
the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree
as follows:
1. The City agrees to provide Customer with water service from its Municipal
Water System to service the real property described as follows and which Customer
represents is owned by Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are j.
Residential Connections which City shall service.
· _ Equivalent
3. The Customer agrees to pay all costs and fees of engineering, material,
labor, installation and inspection of the facilities as required by the City of Boynton
Beach Code of Ordinances or Land Development regulations to provide service to the
Customer's premises. The Customer shall be responsible for installation in
conformance with all codes, rules and regulations applicable to the installation and
maintenance of water service lines upon the Customer's premises. All such lines shall
be approved by the Director of Utilities and subject to inspection by the City Engineers.
The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of
the Customer, in which case the Customer will pay in advance all estimated costs
thereof. In the event the City has such work performed, the Customer will also advance
such additional funds as may be necessary to pay the total actual costs incurred by the
City.
4. Any water main extension made pursuant to this Agreement shall be used
only by the Customer, unless written consent is granted by the City of Boynton Beach
for other parties to connect. All connections shall be made in accordance with the
Codes and regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities extended from the City
Water Distribution System to and including the metered service to Customer shall be
vested in the City exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and rates for service and
equipment in connection with water service outside the City limits applicable under City
Ordinances and rate schedules which are applicable which may be changed from time
to time.
7. Any rights-of-way or easements necessary to accommodate the
connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City
an Irrevocable Special Power of Attorney granting to the City the power and authority to
execute and advance on behalf of the Customer a voluntary petition for annexation.
Customer covenants that it shall cooperate with the City and not raise opposition or
challenge to such annexation if and when annexation is initiated. The property shall be
subject to annexation at the option of the City at any time the property is eligible under
any available means or method for annexation. Customer will inform any and all
assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice
shall not constitute a defense or bar to the City's rights as set forth herein. The
Customer acknowledges that the consideration of initially connecting to the City's water
supply is sufficient to support the grant of the power of attorney any subsequent
disconnection or lack of service shall in no way impair the power of attorney nor
constitute a diminution or lack of consideration.
9. The Customer acknowledges that this covenant regarding annexation is
intended to be and is hereby made a covenant running with the land described in
paragraph 1 above. This Agreement and the power of attorney referenced herein is to
be recorded in the Public Records of Palm Beach County, Florida, and the Customer
and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding
on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a
reduction, impairment or termination in water service to be provided under this
Agreement due to any prohibitions, restrictions, limitations or requirements 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.
1 1. The Customer hereby agrees to indemnify, defend and hold harmless the
City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers,
employees and agents (Both in their individual and official capacities) from and against
all claims, damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post judgment collection) and
costs rising out of or resulting from the Customer's obligation under or performance
pursuant to this Agreement.
12. No additional agreements or representations shall be binding on any of
the parties hereto unless incorporated in this Agreement. No modifications or change
in this Agreement shall be valid upon the parties unless in writing executed by the
parties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of ,..~ ¢'/-¢_/K/~-~ t- ,200.~_.
WITNESS:
"'Witness Signature
Printed Witness Name
Witness Signature
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(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 aforesaid and in the_CoL/nty aforesaid to take acknowledgments, personally
appeared /Z~/~ r',~. ~ ,~',~J'~ 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 followinq proof of identificatidq;,
WITNESS
day of
my hand and official
(Notary ¢~ ~L, ............
~1 ~..~'=*: ;~ EXPIRES: February 24, 2004
WITNESS:
seal in the County and State last aforesaid this
,200_~
Notary Public
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
CITY O,~BOY~'2N ,,B~A.CH, FLORIDA
M,a~o r ,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in thee County aforesaid to take acknowledgme,nts, personally
appeared ~'--¢r~/~ ~..Kra'(~rt/~ ~ , Mayor and ZT~ ~ ~1~ /~r-,~/~/'~o ,
City Clerk respectively, of the City named in the foregoing agreement and that they
severally acknowledged executing 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 corporate seal affixed thereto is the true corporate seal
of said City.
~ .j,,WITNESS ~.,~ hand and official seal in the County and State last aforesaid this
0-' '~- day of ~_(L.~ ~.c t" ,200.~_.
Notary Public
Approved as to form:
/,City Attorney
Legal Description Approved:
JAC/Ims
900182
12/12/95. rev
WATERSRV. 1
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josia$ & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FL~.~IIDA
COUNTY OF ~/~/~ ~e,~C/~
I ,/'¢~,~, /'~/~/~/~/~ '~ .~-~¢~.. , 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:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the /~7",, day of
~'E~(~g'ru-~[" , 200:3 and the powers and authority shall be irrevocable by
Grantee.
day of
IN WITNESS WHEREOF, we have hereunto set our hands and seals the __
O~¢'el~l'- , in the year two thousand and
ree.
Sealed and delivered in the presence of
ness Signature
Printed Witness Name
Witness Si~ature ' ~
-/ L. ,gc nc.
Printed Witness Name
Owner 9f~ure
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was,,acknowled~qed 12efore me this /~'¢¢' day
of ~e~,.bcr , 20 o~, by ~/ZF~
and
, who are known to me or who have produced
~/~, ~,~, ~Y~Ol?-¢-z~, as identification and who did/did~ot take an oath.
Type or Print Name
Commission No.
My Commission Expires:---,,;..,,;- sus. eLU,S
il
POA. IND :: :~ MY COMMISS~N ~ CC 91~
Bond~ Thru No~ Public U~e~dte~
0010
1 in. = 151.4 feet
0350
1518 Ruskin Ave.
OLD BOYNTON RD
0030
0040
0010
LOCATION MAP
0010
EXHIBIT A
f 00-43-45-19-04-015-0300
0010
Palm Beach County Property Appraiser Property Search System Page 1 of 2
Gary R. Nlkolits, CFA
Palm Beach County Appraiser
Public Access System
-Property Information
Location Address: 3518 RUSKIN AVE
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-19-04-015-0300
Subdivision: WEST BOYNTON PL 2 C IN
Official Records Book: 15305 Page: 381 Sale Date: May-2003
.... VVEST BOYNTON PLAT 2C LTS 30 TO 41 INC (LESS S 7 FT & TRGLE COR OLD BOYNTON
Legal uescrlpzlon: RD R/W) BLK 15
Owner Information Name: BASTA AKRAM S
Mailing Address: 1712 N J ST
_LAKE WORTH FL 33460 6540
-2003 Proposed Appraisal
Improvement Value: $62,572 Number of Units: 1 [St/uctural...~
Land Value: $119,226 Total Sq. Ft: 2194 [ E~trL.
Market Value: $181,798 Acres: .79 [ Land...
Use Code: 0100 Description: SINGLE FAMILY
-2003 Proposed Tax
Ad Valorem: $1,605.75
Non ad valorem: $225.05
Total: $1,830.80 [.. De, tail... I
-2003 Proposed Assessed & Taxable Values
Assessed Value: $107,123.00
Exemption amount: $25,000 (2003 Exemption)
Taxable: $82,123,00
- 2003 Exemption(s)
Homestead Receipt#: 0143181
Regular Homestead: $25,000
TOTAL: $25,000
Exemption Address:
Detail... I
iSales Information
Sales Date Book Page
May-2003 15305 381
Price Instrument Owner
165000 WD BASTA AKRAM S
Print InformatiOn
Home I I Back I_ I Search I I Search Result I
Palm Beach County Property Appraiser Property Search System Page 1 of 1
Subareas for Building 1
~ubarea Sq, Footage
BAS BASE AREA
FEP FINISHED ENCLOSED PORCH
SFB SEMI FINISHED BASE AREA
SFB SEMI F)NISHED BASE AREA
UOP UNFINISHED OPEN PORCH
UOP UNFINISHED OPEN PORCH
USP UNFINISHED SCRN. PORCH
Total
Area Percent Effective Area Area Under Air
840 00 '00 00
384 00 oo oo
320 00 00 00
384 00 00 00
138 00 00 00
64 O0 O0 O0
64 O0 O0 O0
2,194
- Structural Elements for Building 1
EXTERIOR WALL-1
EXTERIOR WALL-2
ROOF STRUCTURE
ROOF COVER
INTERIOR WALL-1
INTERIOR WALL-2
FLOOR TYPE-1
FLOOR TYPE-2
YEAR BUILT
EFECTIVE YEAR
TOTAL ROOMS
BED ROOMS
FULL BATH
HALF BATH
BLDG USE
STORIES
CB STUCCO
N/A
GABLE/HIP
ASPH/COMP. SHG.=1.00
PLASTER=I.00
N/A
VINYL/ASPHALT TILE=.98
N/A
1948
1953
3
2
0
0100
1
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