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R04-038 II ¡I RESOLUTION NO. R04- {) 3 g" 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 PATRICIA A. BARRETT; 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 1102 James Road, Lantana, Florida (Lot 29, Hypoluxo Ridge); 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 hereof. Section 2. The City Manager is hereby authorized and directed to execute a Water Service Agreement between the City of Boynton Beach, Florida and Patricia A. Barrett, S:\CA \RESO\Agreements\ Water Service\Barrett Water Service Agr.doc " which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this -Liz- day of March, 2004. CITY OF BOYNTON BEACH, FLORIDA ~~ -' ---- S:\CA\RESO\Agreements\Water Service\Barrett Water Service Agr.doc {.I"IRIAIIIIIIIIIIII.'. .. CFN 20040232897 OR BK 16865 PG 1746 THIS INSTRUMENT PREPARED BY: RECORDED 04/2712804 14:23:43 Pel. Be-ech County~ Floride James A. Cherof, Esquire Dorothy H Vìlke-n~ Clerk of Court Josias & Goren, P.A. ~NJ;i; ~. 3099 East Commercial Blvd. .... vROC{-tJ3i Suite 200 Office of the City Clerk Ft. Lauderdale, FL 33308 City of Boynton Beach P. O. Box 310 . I ~ ¥ach Florida 33421 AGREEMENT F~ A ER'SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON Jkj TIllS ~GREE~ade on it -1'- day ofty\C<.,Jj ,2oo!L., by and betweeI] (' r¡c.íéI- . . ~rre. ÎaJsfe.-c. hereinafter called the "Customer", and tlie 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 k LL- 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 confonnance 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 perfonn 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 perfonned, 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 :&om 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 infonn 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 runìúng 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, impainnent 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 hannless 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 perfonnance 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. -~ v;l IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of ~~ ,200~. WITNESS: INDNIDUAL(S) AS OWNER(S): ~ " /J¡J/ () : . /J -Li- laiC ~(J 1// c$¡A.b~ C'~ lJd.JtÆJ0/V(1 Witness Signature Owner Signature Tf(ûst-e.€..- S U 5~N COL-[j/fS' PC<. ie Ì( ¡ Cc A 6A.fê~'êif Printed Witness Name Printed Owner Name ~;f:~ Witness Sf8nature $eTTt l ~aN(~; Printed Wi ess Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name þ þ FOR INDMDUAL (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 afor~id and in the County afore.-:aid to take acknowledgments, personally appeared 4 f i!; c ì Á fÎ· f)æ.,ê,e, '(' -II- í 7tJJ s f e.£ to me known to be the f . 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-jJ/xI~ IS/Ú/ld LJ/2¡'¡,/f'RS ¿ frÞ'rJSlC I+- OL)/~·Ç'yV , ___ WITNESS my hand and official seal in the County and State last aforesaid this ;} Y ¿¡(day of I~ ~ ß(2u~"-1 ' 200 j. (Notary Sea!J!UI/fII, Barb ~.A- Ad£~ 'm "'aM.lladden ª~ ~ª~~-00Us2?4 Notary Public ~~Pf .! ~ 19. 2Qli ;tlll",,~'" AtIa:uUc ~ C'4.lnc. WITNESS: CITY OF BOXNTON BEACH, FLORIDA ~~~ ATIES ~-';;/?~ ~Yn. p~ ~ ( 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 acknowledgments, personally appeared .:S ë: e í?- y T C(~o «.. , Mayor and -Sti. () e + Ih. IRa i /7 I' f 0 , City Clerk respectively, 0 e 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 du1y 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 / y ¿¡;¡:. day of f/1J{2; / ,200Y. , - (Notary Seal) ,'~V~"'" Barbara M. Madden ~ Á,fKti~ ~~~CommisI101l # DDl25274 ª~~ ~ ~ Expires july 19. 2006 ~~; ~.: Bcmded 11Iru Notary Public "'~ OF ~,-G,," AtlaDtl 1WncBn eo. Inc I",un'\ C g,. \ 5 . .. f\ (J '/-'" ó 3 ,7' THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Josla & Goren. P.A. 3099 East Commercia/Blvd. Suite 200 Fl Lauderdale, FL 33308 - - IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Pci (vV1 ße v. ,,~ ~e. p~ Ð-~. . 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: O()-tf3-'-E:-CJ~-o3-COO -02510 , The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ;) Y day of ~ 20~ and the powers and authority shall be Irrevocable by Grantee. \ IN WITNESS WHEREOF, we have hereunto set our hands and seals the JVfi day of 'f~ . ' in. the year two thousand and ;¡ 00'{ Sealed an delivered In the presence of . ~kr;~.5 ~Jl,'t-~~ Û' ßCiAh{;t:f. T,OI JI- ~-e.- Witness Signature Owner Signature I . It< f 12 ¡' é ¡' A- Il· I)' ~ ¡Z(2 -(' t-t- /;' (/ jA--N Co L(. INS- Printed Witness Name Printed Owner Name ~ ;f ~A' þ þ Witness Sig~re ð ß e "T"/ L_;\ fl /"\ èto- " Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) . . {k l,HE FOREGOING INSTRUMENT was acknowledged before me this ,;} l¡ day of - -e iJ 12 t( 4 fl ì ' 20el, by r á 112,' (fA- /l,;S~ ,e;t? ~ /I.. JltU¡1-e.c and , who are known to me or who have produced Ç.~ ,2 ,d'A. Rhcdç .I<;/&tnd , as identificaUon and who did/did not take an oath. , , ¡Jfl¡t/ r/2.S L I ¿- rr¡s é' ¡L¿?07p·~-YY ~fm.UL A. /tttdÞ-~ NOTARY PUBLIC Type or Þrint Name Commissiòn\No. My Commission Expires: POA.IND .. 1 in. :: 235.4 feet 0130 0070 I I r 0150 I 0030 1 f ' 7¡To ~ 3 0120 '-- '-- 7020 '-- - ~ 0010 5070 ! ~1 5180 5170 0020 0010 0080 0160 0020 :1:. 0110 - I- ~ - 0100 0090 0170 , 0010 J È 7160 ¡.....i J I uVDt"Il Ilvn !:to uVDnl ..vn!:tO U. f-- . ~ I~ "- ~030 Þ040 040 0010 0050 0070 0080 0100 0010 ~ 1050 1060 1020 - r !: 0250 0240 0220 ~ 0 ~ 0200 0191 0180 0160 0140 é 3070 <I 1 ~02 James Ro~ 0320 0330 0340 U. 1080 - :"FF~"="" ~ § 0340 0361 0390 ~ 0250 0250 0240 ii 0180 0 0170 0020 i U I \ 0420 0500 0460 0470 0460 0442 0431 0420 0400 0210 0220 0230 0190 0160 \ 0440 ~.. TOI if. \ 0200 0150 CI 0010 § 0000 0210 0020 I 0010 0530 þ660 þ560 10570 þ580 o 0460 jj 0130 10690 ,,600 0610 0620 10630 I 0640 0220 ~ 0030 ~ ~ ,-- 0020 0610 :;0 0040 , 0230 ~ 0120 0040 0030 0500 ,~ ~ U 0240 0110 0060 0490 ~ 0250 0100 0060 ( & 0010 0490 o 0490 0280 ~ 0270 è - 0020 ~ 0410 :r 0250 0080 0080 0070 ~ 0040 \J-...I 0030 0460 ~ I=. "--- ":.- 0450 036; ~ 0292 0291 0310 0320 0330 0340 10 0020 0440 0030 0430 0420 0410 0400 0390 U 0390 0370 0360 )500 0040 "- 490 0060 "'\10 .s 490 0060 0230 11220r21~ 5 (~o 0010 ( ì ,nn M~n 0660 I 0540 0530 0520 1 ì~ Location Map Exhibit "A" ?~'K I - 7 ~. ì ~~ Palm Beach County Property Appraiser Property Search System Page 1 of2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System Property Information Location Address: 1102 JAMES RD ~~w Map..1 Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-000-0290 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 13520 Page: 234 Sale Date: Feb-2002 Legal Description: HYPOLUXO RIDGE L T 29 Owner Information Name: BARRETT PATRICIA A TR Mailing Address: 1618 SOUTH RD KINGSTON RI 02881 1754 2003 Certified Appraisal I Strucwral...l Improvement Value: $59,542 Number of Units: 1 Land Value: $15,360 · Total Sq. Ft: 1384 I Extra... f Market Value: $74,902 Acres: .00 I land... I Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. 2003 Certified Tax Ad Valorem: $1,464.57 II!mI tTax Qllcull!lto~ Non ad valorem: $192.00 Total: $1,656.57 I Detail... 1 2003 Certified Assessed & Taxable Values Assessed Value: $74,902 Exemption amount: $0 (2003 Exemption) Taxable: $74,902 Exemption Information Unavailable. Sales Information ªªI~~-ºat~ ß~k P-ª9-,ª er~,ª Il1s1~1J1~l1t ºy,.rner Feb-2002 13520 234 $10 QC BARRETT PATRICIA A TR Jul-1995 08907 0956 $100 WD Dec-1980 03438 0142 $31,000 WD Print Information I ~ß.<7ack I , Search I I Search Result I - PI~_as~_senJ!(ls_ygMrf~~c1bª-ck http://www.co.palm-beach.fl.us/papa/mainldetail_info.asp?p _ entity=OO434509030000290 2/24/2004 111111/11/ IIIII I¡ 111111111111111 ¡Ii II Ii:' r¡ ¡II II ¡'I~ ¡ if11 . . Quitclaim Deed 03/20/2002 09:04: 1·It ,:'ø, !'i:~01·! :Jf oJ 7 OR BK 13520 PG 0234 PREPARED BY AND RETURN TO: ) Palm Beach County, ::]O"f'Ld,1 ROBERT J. KULAS, Esq. ) AIH 10.00 Doc Stamp 0.70 1954 S E. Port 51. Lucie Blvd. ) Dorothy H. Wilken, Clerk Port 51. Lucie, Florida 34952 ) PREPARED FOR: ) PATRICIA A. BARRETT ) 161 8 South Road ) Kingston, Rhode Island 02881 ) Parcel J.D. # 00 43 45 09 03 000 0290 ) SPACE ABOVE l'OR RECOlU1ER'S J:;,E Deed made on :fe'Ç5Q\i\.Vt1\."11-2\ 2òo""l---, for no consideration, PAJRICIA A. B.ARIŒ¡~;:', Surviving Trustee, under the BARRETT REVOCABLE LIVING TRUST dated July 25, 1995, does hen by Remise, Release and Quitclaim to PATRICIA A. BARRETT, Trustee, or her successors in trust, lln :kr the BARRETT SURVIVOR'S TRUST dated July 25, 1995, and any amendments thereto, with fuJ pO'\l~r and authority to protect, conserve and to sell, or to lease or to encumber and otherwise manage ¿ .nd dispose of said real property described herein, pursuant to Section 689.071, Florida Statutes, w hI )se address is 1618 South Road, Kingston, Rhode Island 02881 all her interest in and to the foHow ng described real property in the County of Palm Beach, State of Florida: LOT 29, HYPOLUXO RIDGE, according to the Plat thereof on file in the Office of the Cle::-k of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 22, page 48. This deed was prepared without the benefit of a title search and the description of the property was furnished by dw parties. The preparer of this deed assumes no liability whatsoever either for the accuracy of the legal descriptio! or the status of the title to the property Signed, sealed and delivered Q;t~e: {Z¡;~è<- Q ~:: :J1tness Sig)latnre I~,-L:f. ß-- "-.-. PATRICIA A. BARRETT, TnLs ';;:e . '( / .'7 /fAL -'~ /./v'i/4- ~. 1//'-:""/ PIinted Name I r !///}.~-//ýL~ '~¿/..4L¿~/ ; :UI/I II; ¡~ ¡¡í ,; ri; m ¡ii ¡¡ r¡¡ n iii If 1IIIì 111111111 1111 . . Quitclaim Deed 03/20/2ØOê ~'~':N: 1', 20020143617 OR .ß'< U~i221 P(i ,"~ H PREPARED BY AND RETURN TO: ) Palm III""I:''''' [Ill r';;'; : :lclridê\ ROBERT 1. KULAS, Esq. ) AIn 1.0.W' Doc ßté'.OI; 3. ..~ 1954 SE Port St. Lucie Blvd. ) DO'l'v;h)' \'. I,,): ]{!'I : J. E' rÞ: Port Sr.. Lucie, Florida 34952 ) PREPARED FOR: ) PATRICIA A. BARRETT ) 161 8 South Road ) Kingston, Rhode Island 02881 ) Parcel J.D. # 00 43 45 09 03 000 0290 ) SPACE A! ;(, vE.·( R m: hlH¡:jt'S l;S£ Deed made on f~'P';2v...Vtl\.\,¡ 1-2\ 200'1.----, for no consideration, P,~1fUC:h .A l!ARŒ':T, Surviving Trustee, under the BARRETI'REYQCABLE LIYING TRUST dated Jul~, 25, ~ 9:;, ,~. )õs h~reoy Remise, Release and Quitclaim to PATRICIA A. BARRETI, Trustee, or her SUI :ns: D] 3n 1: 1\ st, under the BARRETI SURVIVOR'S TRUST dated July 25, 1995, and any amendments ·txr;:t:> wj-j\ £.11 power and authority to protect, conserve and to sell, or to lease or to encumber and 01 hé]'i) 'is ~ 11" mag e and dispose of said real property described herein, pursuant to Section 689.071, Jkri,: a SIaL: :é::>, vrhose address is 1618 South Road, Kingston, Rhode Island 02881 all her interest in ar:d :0 th:: j(ll1cwing described real property in the County of Palm Beach, State of Florida: LOT 29, HYPOLUXO RIDGE, according to the Plat thereof on file in the :)ffi:e 0' t:~~ =:lnk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Bo( 11; 2: ~ , . );õl ~e' .g . This deed was prepared without the benefit of a title search and the description of the Prof el ty \ ¡, :; 1 u:r} 5 ~ ed .)y tne parties. The preparer of this deed assumes no liability whatsoever either for the aC:Cllracy )f th ~ l,:g¡ 1 ( I: 5 : ripl ion or the status of the title to the property Signed, sealed and delivered ~;¡s~nce: ~ ~ / ~::t \~~ess Signature ! .. "';'.¡ :éJ-9- - cvCí. ~,a..- U' /v¿~-' /:A... . -~::::.....--- -- -- - .- ---- -- -- - - - -- PATRICT..i.},. B·\RtE:·~ Tmstt.-e " A ~ -, ../~t(¿/4- ,£. Æ 1//'--/ Printed Name I ê.!/:rfq'~ j7 ~<'$~ Sec d WItness SIgnature ...j~.¿ Z/lPP6' j/)( /J/9/(/5~ Printed Name STATE OF RHODE ISLAND ) VL- A:f\-'i/ f'--(} '1b) SS COlTNTY OF ) . ',.' ,'I . ,---. Œ ' ) \J.. -" The foregoing instrument was acknowledged before me this r 15' Í'--~,-Þ;i\ it: =.: ~1:~.- ')Y hI TRCÌ1~ A. BARRETI, who is personally known to me or who has produced _j¿-12:."':..:::3;:::;._:~\~~"L:L__ a3 iàentificatiOl and who did (did not) take an oath. Notary Public; My Commission Expires: V (NOTARY SEAL) JAMES G. COUCH Print Name of Notary Notary Public, State of Rhode 'eland My Commlesion Expires June 20. 2005