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R04-031RESOLUTION NO. R04- 0 3/' 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 PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1057 Highview Road, Lantana, (Lots Lot 211, Ridge Grove Addition 1); and WHEREAS, the subject parcel is a single family home located in the San idge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a ~eighborhood improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the :arliest practicable time, as a condition of the granting of water services outside its jurisdictional 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 ~ereof. Section 2. The City Manager is hereby authorized and directed to execute a Water Agreement between the City of Boynton Beach, Florida and Palm Beach County, tgreements\Water ServicekPB County Water Service Agr. doc Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this / ~ day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA Comm, ss,one~- ~~ Clerk :\CA\RESOXAgreements\Water Service~PB County Water Service Agr.doc Tills [IISTRUNENT PRE:PJLR£D BY: ,/amen A- Chez~ot. E:sq~Jtre Goren Chero{. Oood'!& E:rol, P.A. )09~ Eaot C~emerctJl Bou).evard Sutte 200 For'- Lauderdale, Florzda ]))fin 1)ffice of the City Clerlr ' City of Boynton Beach P. O. Box 310 '~¥F, tOH Beach, Florida 33421 R2OOA- '01-0 0 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Governmental Entities) fHIS AGREEMENT made on this /~ day of 200_~, by and between PALM BEACH COUNTY ' here%nafter called the "~u~7 and the ~ITY a municipal corporation of the State of Florida, called the "City". OF BOYNTO~; BEACH, hereinafter 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 Bo~nton Beach, Florida provide water service .to the property owned by Customer; and ~ER~S, 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 i~s 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, its heirs, successors and assigns, agree as follows: 1. The City agrees ~o provide Customer with water service from its Municipal Water System to service the real property described in Exhibit A and which Customer represents is owned by Customer: 2. The Customer and the City hereby agree that there are 1 Equivalent Residential Connections which City shall service. 1 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 Boyn~on 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 Boy-nton 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 a~l 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 ackncwledges 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 transferees, 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. 11. Customer agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in liens or claims against the Department, and shall be liable to· the limits set forth in Section 768.28, Florida Statutes, for any damage proximately caused by said acts and omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the Customer to any claims to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of this Permit. 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 /AN 13 ~ , 20 fO..-"' _ D ..~_~[HY H. WILKEN, CLERK ~'~-./..'2-~ BE"~~iCounty Commissioners CUSTO,~r.R (~ AS O~,~JER (S) ~~SS: .~I~] ~ ]~ ,. . ,'~-~, · : ~ ~ COUN~~ · ~_~-~ J / ~ _ ,,, ,- .... '.~ . ~i~'~o own~e.ut., Clerk (~in~ame and ti:le)  Board of County Co~Sss~oners ~~ to owner) ~,~ ~~~ (Print name and title) (As tb ~PRO~D AS TO~O~/AND TO LEGAL SUFFICIENC~ Audrey Wolf, Director FD&O ~ ~S S i~nt 'COu~ty~t ~ne7 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 County aforesaid to take acknowledgments, personally appearedto me known~--~-~----~~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 mg or provided the following proof of identification: ~/~ ' WITNESS my hand and official seal in the County and State last aforesaid this day of lAN ~ 2~0~ , 20 . (Notary S,,~..'..~.,,:: Gloria Madison ~'~..':%_ Commission #DD251037 %~. ~0::~;_= Expires: Oct 19, 2007 '"',"" Atlantic Bonding Co., Inc. Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA 4 EXHIBIT "A" LEGAL DESCRIPTION Lot 211, o[ Ridge Grove Addition No.1, according to the Plat thereof, as recorded in Plat Book 22, at Page 43, of the Public Records of Palm Beach County, Florida. PCN: 00-43-45-09-09-000-2110 1 in. = 106.4 feet O6 Location Map- Exhibit "A" THIS INSTRUMENT PREPARED James A. Cherot, Josias & Goren, P.A. 3099 Easl Commercial Blvd. Susie FI. Laude~dale. FL 33308 Office ut me City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida R200z "' 0100 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH I/We, _PALM _B_EACH COUNTY 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 hame, 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: SEE ATTACHED EXHIBIT "A" The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the JAil '! 3 ~ , 20 and the powers and authority shall be Grantee. day of irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of .fAll ! 3 N04 , in the year two thousand and Sealed and delivered in the presence of / DOROTHY H..~_.t.k,I&F~I,,,~£ERK Board of Cour~cTrrYmi~i~mers ~ ~-~ W,tness D~.c~,u:ty t~l~rk '.-~' ;, P~int~ame ~O/ ~ '~ ;¢~ ~AREN T. ~CUS, C~IR ;; : COUNTY ~,t Board of County Co~issioners ~mess ~% ~'.. ~om~o~ Witness A;g:~y Wolf, D,rector Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) of THE FOREGOING INSTRUMENT was acknowledged before me this j,~ ~_~ ~ , 20 , ,,~'.~).;?~,: Gloria Madison =-",~;~ -. ~ Commission #DD251037 :.~x.. '~:~o~ Expires: Oct 19, 2007 '""'" Atl~tic Bonding Co., Inc. My Commission Expires: POA.IND day by Knran T_ Mn~A~] and , who are known to me or who have produced , as identification and who did/did not take an oath. NOTARY PUBLIC Type or Print Name Commission No. 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 County aforesaid to tak~h acknowledgrn, ents,.~,~,rsonally appeared -"~'-~l~r~ "~-ft/or- , Mayor and ~n/e~ ~__~/~/~,.' , City Clerk respecfl'vely, '~f 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. ~,~,WITNESS my hand ~nd official seal in t~h~e County and State last aforesaid this //" day of ~_~/'_~/~ ,200ZT (Notary Seal,.) ........... Approved as to form: Attorne'y J' ' Notary Public Legal Description Approved: JAC/Ims 900182 12/12/95. rev WATERSRV. 1 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Property Information Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System Location Address: 1057 HIGHVIEVV RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2110 Subdivision: RIDGE GROVE ADD I IN Official Records Book: 15561 Page: 1351 Legal Description: RIDGE GROVE ADD NO 1 LT 211 Sale Date: Jul-2003 iOwner Information Name: PALM BEACH COUNTY Mailing Address: 3323 BELVEDERE RD BLDG 503 WEST PALM BEACH FL 33406 1548 -2003 Certified Appraisal Improvement Value: $29,893 Number of Units: 1 Land Value: $11,520 * Total Sq. Ft: 788 Market Value: $41,413 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area, Structural,., I Extra_. [ Land.,. -2003 Certified Tax Ad Valorem: $809.66 Non ad valorem: $192.00 Total: $1,001.66 catcutator! Detail... ] -2003 Certified Assessed & Taxable Values Assessed Value: $41,413 Exemption amount: $0 (2003 Exemption) Taxable: $41,413 -Sales Information Exemption Information Unavailable. Sales D~_te Book P~ge Price !pstr~!_m~n~ Jul-2003 15561 1351 $53,000 WE) Jun-2001 12704 505 $32,500 WD Nov-1999 11471 1310 $22,500 VVD Ma~1998 10295 1930 $100 WD Ma~1994 08161 1270 $32,500 WD Ma~1986 04828 0381 $100 LE Jan-1975 02401 0828 $13,500 00 Owner PALM BEACH COUNTY CHAMPION INVEST LICHTENBERGER DANIEL ADAMS MELVIN A JR Print Information http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=O0434509... 2/18/2004 EXHIBIT "A" LEGAL DESCRIPTION Lot 211. of Ridge Grove Addition No.1, according to the Plat thereof, as recorded in Plat Book 22, at Page 43, of the Public Records of Palm Beach County, Florida. PCN: 00_43-45-09-09-000-2110 STATE OF FLORIDA. COUNTY OF PALM BEACH I, DOROTHY H. WILKEN. ex-officio Clerk of the Board of County Commissioners cedify this to be a true and co rre,.ct copy of the original filed in.my office o~ ~ a,,,..-~,,, I~. A.~)~ . Be~ch, F'L DATED at Palm o, ~..U.'~,~.,. DOROTHY I.;L WILKEN Clerk _ By: , ~--4~ D.c.