R04-033RESOLUTION NO. R04- ~ 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 CLAUDIA VALDEZ AND DAVID VALDEZ;
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 properties located at 1127 Highland Road and 1241
>ad, Lantana, Florida (Lot 71, Ridge Grove and Lot 87), respectively; and
WHEREAS, the parcels covered by this agreement each contain a single-family
and are located in the San Castle/Ridge 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
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
Agreement between the City of Boynton Beach, Florida and Claudia Valdez and
greements\Water Service\Valdez Water Service Agr.doc
Valdez, said 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
Commiss~
S:\CAXRESO~Agreements\Water Service\Valdez Water Service Agr.doc
Return to: (enc',ose self-addressed stamped envelope)
Name
Address:
IIIIIIIIIIIIIII IIIIllllllll
CFN 20040199639
OR BK 16795 PG 1601
RECORDED ~4/12/20~4 12:35:46
Palm Beac~ County, Florida
Dorothy ~ ¥ilken, Clerk of Court
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Office of the City Clerll
City of Boynton Beach
P. O. Box 310
8oynto~l Beach, Florida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
· THIS__ ,~AGREEMENT made pn this l~ dayof ,]Y)O,,f"C_~ ,200]'3t , by and between
C
t~o~tae~ a a'V.o,a v,~ I~ 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 hag 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. - qZhe ~ity 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 _,~ Equivalent Residential
Connections which City shall service.
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 Cityhas
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.
2
9. 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.
11. 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 including disputes for breach of
warranty of title.
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.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
/N,WITNESS WHEREOF, the parties hereto have set their hands and seals this O / day of
Oc. b : ,200:3.
.~.q~.~~UA.Li(S ) ~ S~ OWNER(S):
Owner Signature
Printed Owner Name
Witness' Signa~[e'
PriOr'ed Witness Name
WitneSs ~ignamr; '"
Printed Witness Name
-- - OT~v~ign-atur~~.
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 County aforesaid to take acknowledgments, personally appeared
["~'XO,~ \}~-%\~ ex_~ C[C, ctt.~c, ~]~c[~"~ to me known to be the
pers~on(s) describ~ed in and who executed th~ foregoing in-strument that he/she acknowledged before
me that he/she executed the same; that the individual was personally known to me or provided the
following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this
6 c-¢ob(l.,- .,200_3. --
(Notary ~lefil) OFFICLALNOTARYSC~AL
! ~'AU~ CO~ZA~Z
] NOTARY PUBLIC STATE OF FLORrDA
} COMMISSION NO. Dm~4C,4
[ _I~COMMIe-oSION EXP. FEB.
Notary Public
dayof
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
AM;~E~ST:/~
City Clerk --~'/.~
4
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 acknowle..dgments, persona}ly appeared
~'~.c2Tr~ "/'~ct/t~t-- , Mayor and /._~0rlr~i~-~ ~t/[Pt~'/~~_ -'/)e~qTt~City Clerk
respectivelly, of th~ City named in the foregoing agreement and that-they s~Jer~lly ac~"Jknowledged
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.
WITNES~ my hand and official seal in the County and State last aforesaid this _ _
,2007-.
(Notary Seal
Approved as ~~ ....................
City Attorney
flb4/'day of
Notary Public
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Office or tl3e City Clerk
City of Boynton Beach
P. 0. Box 310
Boynton Reach, lqorida
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY Of ~o,-~, w"-
I/We, ~ ~c~ ~[ o, et.~ '~c~o, ~- ~t~, hereinafter "Grantee', hereby
make, constitute, and appoint THE CI~ OF BOYNTON BEACH, FLORIDA, tree and
la~ul aEomey in fact for Grantee and in Grantee's name, place and stead, for the sole
pu~ose of executing on behalf of Grantee the power to initiate, maintain, and complete
a volunta~ petition for annexation of the real pmpe~ described heroin into the CI~
OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOYNTON B~CH
full and complete authod~ to a~ on Grantee's behalf to accomplish annexation by any
available means. The mai pmpe~ which is the subject of this power is described as
The powem and authod~ of my a~omey, THE Ol~ OF BOYNTON BEACH,
FLORIDA, shall ~mmenoe and be in full force and effect on the O ( day of
O~C~ , 20o) and the powem and authofi~ shall be i~evocable by
Grantee.
day of
in the presence of
Printc~clWitne'ss Name
Witness Signatu~
Print~ Witness Name
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
Oc,~oL~¢ , in the year two thousand and
(Pr~te~ Witness N~me ,.~
, t'o
Printed Witness Name
Owner Signature
Printed Owner Name
Owner Signature
Printed Owner Name
o !
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledoedbefore me this O ! day
of 0 .(~ro~r'' ''' , 20(~ 3 , by C~,o,..~.~.. ~,' ~- 0't~ \ ~-.¢ ~ and
'~'~(:::LO;,~, L)e,\~'~-' , .w. ho {~re known to me. _or Who have produced
OFFICIAL NOTARY SF~AI~ "
PAULA GONZA CLF. Z
No'rAR¥ PUBLIC 5~I'ATE OF FLORIDA
COMMISSION NO. DD087,I~4
,M~, COMM~ON ~X?. ~B.
My Commission Expires:
POA. IND
,as 7~LideNecTAR'S' PUBLICf'' ' ation and% who/9_.] ¢'~'~/~~'~'did/did not take an oath.
Type or Print Narco
Commission No. ~"li) ~ ¥ ~ ~ ~, ¢
1 in. = 17[).4 feet
LOCATION MAP
- EXHIBIT "A"
Palm Beach County Property Appraiser Property Search System Page 1 of 2
.~ t'.-,'~ (' h
Land D~.l'ail
Gary R. Nlkolits, CFA
Palm Beach County Appraiser
Public Access System
- Property Information
Location Address: 1127 HIGHLAND RD
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-08-000-0710
Subdivision: RIDGE GROVE IN
Official Records Book: 07392 Page: 0984
Legal Description: RIDGE GROVE LT 71
Sale Date: Sep-1992
I- Owner Information
Name: VALDEZ DAVID & CLAUDIA
Mailing Address: 325 SOUTH F ST
LAKE WORTH FL 33460 4016
-2003 Proposed Appraisal
Improvement Value:
Land Value:
Market Value:
Use Code:
$33,938 Number of Units: 1
$11,520 Total Sq. Ft: 728
$45,458 Acres: .00
0100 Description: SINGLE FAMILY
Structura I... J
Extra...
-2003 Proposed Tax
Ad Valorem:
Non ad valorem:
Total:
$888.86
$192.00
$1,080.86
Detail...
,I
-2003 Proposed Assessed & Taxable Values
Assessed Value: $45,458 oo
Exemption amount: $0 (2003 Exemption)
Taxable: $45,458.00
Exemption Information Unavailable.
- Sales Information
Sales Date Book Page Price Instrument
Sep-1992 07392 0984 20000 WD
Mar-1986 04886 1641 100 QC
Jan-1978 02969 1944 16000 00
Owner
Print Information
http://w~w~c~pa~m-beach.~us/papa/main/detai~-in£~asp?p~entity=~4345~9~8~710 11/10/2003
Palm Beach County Property Appraiser Property Search System Page 1 of 1
Show Drawing / Map I ~
-Subareas for Building 1
Subarea Sq. Footage Area Percent
BAS BASE AREA 728 00
Total 728
Effective Area
00
Area Under Air
oo
-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.=I.00
PLASTER=1.00
N/A
VINYL/ASPHALT TILE=.98
N/A
1949
1955
1
1
0
0100
1
L Show Drawing / Map I
Print information
http://w~v~c~pa~m~beach~us/papa/mai~stmct-detai~asp?entity-id=~4345~9~8~7... 11/10/2003
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: 1241 HIGHLAND RD
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-08-000-0870
Subdivision: RIDGE GROVE IN
Official Records Book: 07976 Page: 0364
Legal Description: RIDGE GROVE LT 87
Sale Date: Nov~1993
- Owner Information
Name: VALDEZ DAVID & CLAUDIA
Mailing Address: 325 SOUTH F ST
LAKE WORTH FL 33460 4016
- 2003 Proposed Appraisal
Improvement Value: $40,860 Number of Units: 1 ~ Structural...
Land Value: $10,240 Total Sq. Ft: 1054 I Extra...
Market Value: $51,100 Acres: .00 I Land...
Use Code: 01oo Description: SINGLE FAMILY
-2003 Proposed Tax
Ad Valorem: $999.17
Non ad valorem: $192.00
Total: $11191.17 [ Detail...
-2003 Proposed Assessed & Taxable Values
Assessed Value: $51,100.00
Exemption amount: $0 (2003 Exemption)
Taxable: $51,100.00
Exemption Information Unavailable.
- Sales Information
Sales Date Book Page Price Instrument
Nov-1993 07976 0364 32000 WD
Jan-1980 03262 1665 32000 00
Owner
Print Information
http://www~c~pa~m~beach~us/papa/main/detai~-inf~asp?p-entity=~4345~9~8~870 11/10/2003
Palm Beach County Property Appraiser Property Search System Page 1 of l
[ Show Drawing / Map ] ~
[Subareas for Building 1
Subarea Sq, Footage
AS BASE AREA
CP UNFINISHED CARPORT
Total
Area Percent
854 oo
200 oo
1,054
Effective Area
00
oo
Area Under Air
00
00
-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
BUILT-UP T/G=1 00
PLASTER= 1.00
N/A
VINYL/ASPHALT TILE= 98
N/A
1959
1968
1
1
0
0100
1
Show Drawing / Map J
Print Information
http://www~c~~pa~m~beach~~~us/papajmain/struct-detai~~asp?entity-id=~~4345~9~8~~~~8~~~ 11/10/2003