R04-036
II ,
RESOLUTION NO. R04- 03("
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 PAUL KRASNA AND JULIE KRASNA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
ater and sewer service area, for the property located at 1096 Oleander Road, Lantana,
lorida (Lot 35, Hypoluxo Ridge Addition 2); and
WHEREAS, the parcel covered by this agreement contains a single-family home, and
e located in the San Castle/Ridge Grove project area; and
WHEREAS, only potable water is available for connection to the property at this
ime 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
·urisdictionallimits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
eing 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
ervice Agreement between the City of Boynton Beach, Florida and Paul Krasna and Julie
:\CA\RESO\Agreements\Water Service\Krasna Water Service Agr.doc
II ,
Krasna, said Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this Jj¿ day of March, 2004.
CITY OF BOYNTON BEACH, FLORIDA
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ity Clerk - - 0J.2..p ((fj
:\CA\RESO\Agreements\Water Service\Krasna Water Service Agr.doc
Return to: !enc'ose self-addressed stamped envelope) I ¡11~mIIIIIU~11111111111
Name
CF';!\[ 20040199640
Address: Oft· ElK 16795 PG 1615
RECORDED 04/12/2004 12:35:4&
Pal. Be-ach County~ Florida
Dorothy H Vilke-n, Clerk of Court
1\ PO{-03b
\
.
THIS INSTRUMENT PREPARED BY: ,æZtu-v0 .~
James A. Cherof, Esquire
Josias & Goren, P.A. v
3099 East Commercial Blvd. Office of the City Clerk
Suite 200 City of Boynton Beach
Ft. Lauderdale, FL 33308 P. O. Box 310
Boynton Beach, Florida 33421
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made?n this J'- day of _ t..fqr~ 200ft:_. by and betweeIJ
"PÞ-. \) l- ".K R. Pt5 N PI- t~J" ttll <Q, M . Kr~J'J1.c( heremafter ca led 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 èustomer 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 Ji¡ 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 confofII\,ance with all codes, rules and regulations
1
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 ITom 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 ITon1 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 tlÌe 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 runhing 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, Florid~, 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 oflocal, 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 th~
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) rrom 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 rrom 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /OIA day of
_ Fe br uary , 200 !:i.
WITNESS: ~Ç. INDIVIDUAL(S) AS OWNER(S):
m~~ alL
L.-- . ~: AÁ Lt!~J1A,">-)
/Witnes ignature/ Owner Signature
14~ ANN~. S/¡41/ !J ~~~S- Iv4
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Print Witness Name Printed Owner Name
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Witness Signature
6 c{I¿h aR"- fr1, fhúddrt1 j) Ii {J fh~ /
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Printed Witness Name
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Witness Signature
Printed Witness Name
FOR INDIVIDUAL (S) NOT ARIZA TION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afore~d and in the County aforesaid to take acknowledgments, personally appeared
}tt(Á.L VI K-raJ'ho... atteL:Jt.<..(,'e., M. r-rtlJho.... 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
following proof of identification: F I a, lJ. L. K ~ z ý- (, q <f - 2 '1-/7/ .
p¿a.. ~·L. /<- foz-S-1.f-3S""-s2 -boO ',0
WI)'NESS my hand and official seal in the County and State last aforesaid this / () IA day of
---F<:e b í C'\A r y ,200j'
~~í
(Notary Seal)
~~~!~~ SUSAN COLUNS Notary Public
ª,*~~'1 MY COMMISSION # CC 913630
~. ......;,.J/ EXPIRES: February 24,2004
.,'Rt..ft\", Bonded Thru Notary Public Underwrrters
WITNt ¡:s: CITY OF BOYNTON EACH, FLORIDA
~oy~Á.
&ll", Y! ~'t<' 'IT ST: M '
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~ City., Clerk-:be.¡ i.l r _
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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 take acknowl. gm .' person~y appeared
T.e.rít~ yã'iÚV- , Mayor and ðnlJ &, ~S ( City Clerk
respectiv y, of e CIty named In the foregomg 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 and official seal in the County and State last aforesaid this /1"'- day of
~ ,200~
(Notary Seal) .............................................. -=-ç~æu úJÂ~r
i SUSAN COLLINS :
; - ""'- """""'" ; .
!. . e:xp¡,. 311I20OI ¡ Notary Public
i ~Qff\.~ Bonøed Ihru (800)432-4254i
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City Attorney
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THIS INSTRUMENT PREPARED BY: rf2~ -~~
James A. Cherat. Esquire
JosIas & Goren. P Ã.
3099 East Commercial Blvd.
Suite 200
Fl Lauderdale, FL 33308
Office of tne City Clerk
City of Boynton Beach
P. O. Box 310
Boyntr'IJ Bench, fi:'lorida 3342.1
,
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ¡oj M.- g eú { h
r¿ f ai-nee
I~ ? . - f;: . ()/v~ ¡..Ie jI/I ,
. a. u L V. vaS fJ {}.-- 0 ¿¿. ,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 ,
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available means. The real property which is the subject of this power is described as
follows: / Ù 16 - /07 Y 0 /e£l{1de r /èd, Iftt oLu ~ D I({Ó~E /HJD ~,::N
l-ûn"faha)F / :s :šc;6L . L-T 3S
co- if 3 -- tfS>Oj- /'1- ~OO 0-0 3S0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
. ~ ~
FLORIDA, shall commence and be in full force and effect on the /0 day of
Fe Þ r Uti t( . 20 -º+ and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and ~eals the /04
day of fé Þr VlAt-V . in the year two thousand and ¡fOIl r.
/
Sealed and delivered in the presence of
~~~~~ -=-~ C" j. Y 1\ C A^'^^'-
Witnes . Slgnatur Owner Signature
~ . WN~ ~Ì3- ~ -k-;¿'4$ NA.
Printed itness Name Printed Owner Name
~ L-&UC hi . /JL {¡ Atjhv< ~
Witness Signature
iSa ¡¿1:UJ R t<. frJ . (11 ¿¿¿If/')
Printed Witness Name
7!!.~~~
í!lß-f0i.ANNP Stt¡e/:'fI-
Printed W ness Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE fOREGOING INSTRUMENT waJ¡ acknowled edbefore me_this /0# day
of brtltlt' , 20Qi.. by aüL þi, ¡raJút;...a" Jt(l;è ,Af,,t(4"[~d
, who are known to me or ~o have ~roduced
l- -¿- - Y"-/J , as identification and who did/did not take an oath.
¡:. (p ),- .y- 't .?J- J2 - 600 - 0 ~~~J
NOTARY PUBLIC
Type or Print Name
Commissión'.,No.
My Commission Expires: i~-:r.~·~~ SUSAN COLLINS
POA.IND :-::8::~ MY COMMISSION # CC 913630
~." . .~ EXPIRES: February 24, 2004
"".~i!f.~~ Bonded Thru Notary Public Underwriters
.
Service Request - New Location
Customers requesting water service to a location not yet serviced by the City must pay all
applicable fees before service will be offered. If the new service location is within the
scope of our service area but outside Boynton Beach City limits, they will be required to
pay the following:
· CAP IT AL FACILITY CHARGE - based on size of dwelling, see Ordinance 90-35.
· CONNECTION FEE - based on size of the meter.
-
· METER DEPOSIT - based on size of meter, serves as security for the charges on the
water account.
If the service location is within the City limits, they will be required to pay only the
connection fee and meter deposit. The City's Building Department collected the capital
facility fee when the building permit was issued. For existing property that has been on
well and/or septic, Cap fees will need to be collected.
Once all fees have been paid, the customer must coordinate the installation of water
service with the Utility Department's Water Distribution Division. The customer's
property must meet all requirements regarding the meter box and the water and sewer
service line connections fÌ"om the building to the point of connection with the City. An
inspection will be made by the Utility Department to determine if and when the property
may receive water service.
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Location Map Exhibit "A" ¡(r ,
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Palm Beach County Property Appraiser Property Search System Page 1 of 2
Gary R. Nikolits, CFA
Palm Beach County Property Appraiser
Public Access System
Property Information
location Address: 1096 OLEANDER RD lHmJ~~
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-14-000-0350
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 08286 Page: 1736 Sale Date: May-1994
legal Description: HYPOLUXO RIDGE ADD 2, L T 35
Owner Information
Name: KRASNA PAUL V & JULIE M
Mailing Address: 1412 THORNBANK LN
WEST PALM BEACH FL 334114020
2003 Certified Appraisal
Improvement Value: $61,955 Number of Units: 1 I StrUi:turaL I
land Value: $16,000 · Total Sq. Ft: 2052 I Ex tril... I
Market Value: $77,955 Acres: .00 I Land... I
Use Code: 0800 Description: MFR < 10 UNITS
. in residential properties may indicate living area.
2003 Certified Tax
Ad Valorem: $1,524.26 lHmJ (Tax Calculato1
Non ad valorem: $282.00
Total: $1,806.26 I D@tail... I
2003 Certified Assessed & Taxable Values
Assessed Value: $77,955
Exemption amount: $0 (2003 Exemption)
Taxable: $77,955
Exemption Information Unavailable.
Sales Information
~ªl~s Dat~ Book Page ~J"Íç~lnslrurTIf!nt O~I1~r
May-1994 08286 1736 $66,100 FD
Oct-1993 07989 1182 $100 WD
Oct-1993 07932 0955 $100 CT
Apr-1988 05643 1708 $77,000 WD
Jun-1985 04571 0303 $10,000 QC
Jan-1977 02768 1465 $140,000 00
Print Information I
http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p _ entity=00434509140000350 2/23/2004