Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R04-002
RESOLUTION NO. R04- OO:g. A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND TERENCE C. ROWE AND DIENA M. NEVILLE; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, for the property located at 1093 Florence Road, Lantana, Florida (Lots 48 and 49, Hypoluxo Ridge); and WHEREAS, the subject parcel is a single family home located in the San Castle project area; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest 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 rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 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 ',ervice Agreement between the City of Boynton Beach, Florida and Terence C. Rowe and )iena M. Neville, said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. g:\CA\RESOXAgreements\Water ServicfLRowe-Neville Water Service.doc PASSED AND ADOPTED this (o day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA S:\CALRESO\Agreements\Water Service\Rowe-Neville Water Service.doc Return to: (enclose self-addressed stamped envelope) Name Address: Ilfllfillgllllllglllllllllllllllllllllllll 01/27/2004 12:19:17 20040046879 OR BK 16480 PG 0380 Palm Beach County, Florida Dorothy H Wilken, 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 Qerk City of Boynton Beach P. O. Box 310 Boynton Beach, Rorida 3342l R04-oo2_. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION · --- THIS.AOREEME. NT made on this ~ dayof )66e be(,2003,byandbetween ~'f0JlC~ ¢ ~hL0~q~ }~nO, ~ J0g~j,~[~- 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 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 fights-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 fights 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. 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, employe~es 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,200_3. g dayof Ii~DIVIDUAL(S) AS ' O~wner S~atuIe Printed Owner Name 3 Witness Signature Printed Owner 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 County aforesaid to take acknowledgments, personally appeared ~-erre~ C/~o~oe q~d ~)~e.~ ici. ~u,/lc 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: Iq'~ow~ WITNESS my hand and official seal in the County and State last aforesaid tiffs e eem k, e/ ,2o0_ (Not ~,~_...~,.._al~eorganne it. Barden o° dayof WITNESS: CITY OF BOYNTON BEACH, FLORIDA 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 ackno_wledgments, personally appeared i~o_~ru,~ 7-~ , Mayor and ~5-~,.tJ f~a.i r~;-Ir o , City Clerk respgcl~elg, oflthe 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 and official seal in the County and State last aforesaid this /N ~ day of ,2oo_ . (Notary Seal) Approved as to form: City Attorney Notary Public Barbara M. Madden at~t~c ~--&. ~,.. THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Joslas & Goren, P.A. 3099 East Commercial Blvd. Suite 2OO FL I..auderdale, Fl. 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA 9aim I/We, ~'"-~'t'e.-~qo_~ C' ~U.~e. b V~l.,~J~g..~;!{~ereinafter "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 The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and ~ P~I(Y~.~)~, 200_~. and Grantee. be in full force and effect on the (~ day of the powers and authority shall be irrevocable by day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~G~. _~'Y¥'{')P_.~ , in the year two thousand and Sealed and delivered in the presence of ~/~tn~ss-Signature' Prin Witness N e ~ess Signatu~ ~r}nt~ Witn%s ~itness N~m~ Printed Witness Name Owner S~nature~' Printed Owner Name Owr~er Signature Printed Owner Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~ THE FOREGOING INSTRUMENT was acknowledged before me this ~ ~ day I'~',,, /,I. /]/~,,11~ , who are known tn mR or who have produced .~~ ~0rganne R. Barden My Commission Expires: POA.IND , as identification and who did/did not.take an oath. Type or IWint N~,m6 CommissiOn No. I in. = 250.0 feet I C 0100 0090 ~ 0170 , 7160 ~PO[ IJXO ~D HYPO[ U XO RD u oo,o I~) --~/ , ,~ ~ o,,o o,,oi o.o i o.o,o,,,Io,, o,,o o,,, ~ / ; ~ L ~ * o,,0 ~ - k-~~.o,~.;I 0,9;1[ ~rence Road -/]1o,- 0.0 i~,,o oo,, ,~ II/ -~~ o,,o ,o,,o oo,o-~, i I1~ ,,o't~ ~o,,, o,.jo, i ~x I~/ ;-.l~""l";,,,,. oo.o~', PI "' I~ / ',1~= , , ,~ ~ r III - /0., o,,o o,,, o,. o,. o,,, o,,, o,.]!, i :, III - a;** ' iY~ - ' ~ I I 1230 ~ } Location Map - Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information Gary R. Nikollts, CFA Palm Beach County Appraiser Public Access System Location Address: 1093 FLORENCE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-000-0480 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 12709 Page: 1136 Legal Description: HYPOLUXO RIDGE LTS 48 & 49 Sale Date: Jun-2001 Owner Information Name: ROWE TERRENCE C & Mailing Address: 1093 FLORENCE RD LANTANA FL 33462 5338 .2003 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $93,893 Number of Units: 1 $19,200 Total Sq. Ft: 2468 $113,093 Acres: .00 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,509.35 Non ad valorem: $192.00 Total: $1,701.35 -2003 Certified Assessed & Taxable Values Assessed Value: $102,201 Exemption amount: $25,000 (2003 Exemption) Taxable: $77,201 -2004 Exemption(s) Homestead Receipt~: 0142006 Regular Homestead: $25,000 TOTAL: $25,000 Exemption Address: Detail... ,[ -Sales Information Sales Date Book Page Price Instrument Owner Jun-2001 12709 1136 $100,000 VVD ROWE TERRENCE C & Jan-1975 02400 1639 $100 00 Jan-1966 01415 0000 $11,000 VVD http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509030000480 12/9/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 1 iiSubareas for Building 1 ~barea Sq. Foota_g~ AS BASE AREA OP FINISHED OPEN PORCH OP UNFINISHED OPEN PORCH ST UNFINISHED STORAGE Total Are8 Percent Effective Area Area U~er Air 1,928 00 00 00 52 00 00 00 392 00 00 00 96 00 oo 00 2,468 -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 PLYWOOD PNL.=1.00 DRYWALL TERRAZZO MONOLITHIC=.99 N/A 1958 1978 3 2 0 0100 1 Show Drawing / Map I Print Information http://www.co.palm-beach.fl.us/papa/main/stmct_detail.asp?entity_id=0043450903000048... 12/9/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information Gary R~ Nikollts, CFA Palm Beach County Appraiser Public Access System Location Address: 1093 FLORENCE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-000-0480 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 12709 Page: 1136 Legal Description: HYPOLUXO RIDGE LTS 48 & 49 Sale Date: Jun-2001 - Owner Information Name: ROWE TERRENCE C & Mailing Address: 1093 FLORENCE RD LANTANA FL 33462 5338 -2003 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $93,893 Number of Units: 1 $19,200 Total Sq. Ft: 2468 $113,093 Acres: .00 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,509.35 Non ad valorem: $192.00 Total: $1,701.35 2003 Certified Assessed & Taxable Values Assessed Value: $102,201 Exemption amount: $25,000 (2003 Exemption) Taxable: $77,201 - 2004 Exemption(s) Homestead Receipt~: 0142006 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 - Sales Information Sales Date ~ Page Price Instrument Owner Jun-2001 12709 1136 $100,000 WD ROWE TERRENC E C & Jan-1975 02400 1639 $100 00 Jan-1966 01415 0000 $t 1,000 http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=O0434509030000480 12/9/2003 Palm Beach County Property Appraiser Property Search System Page 2 of 2 Print Information Home I I Back I I Search I.I Search Result ~'~~ 'Please send*us your feedback Copyright © 2002 by Palm Beach County Properly Appraiser All Rights Reserved http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509030000480 12/9/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information Gary R. Nlkolits, CFA Palm Beach County Appraiser Public Access System Location Address: 1093 FLORENCE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03-00o-0480 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 12709 Page: 1136 Legal Description: HYPOLUXO RIDGE LTS 48 & 49 Sale Date: Jun-2001 - Owner Information Name: ROWE TERRENCE C & Mailing Address: 1093 FLORENCE RD LANTANA FL 33462 5338 -2003 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $93,893 Number of Units: 1 $19,200 Total Sq. Ft: 2468 $113,093 Acres: .00 '0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,509.35 Non ad valorem: $192.00 Total: $1,701.35 -2003 Certified Assessed & Taxable Values Assessed Value: $102,201 Exemption amount: $25,000 (2003 Exemption) Taxable: $77,201 - 2004 Exemption(s) Homestead Receipt#: 0142006 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 Detail... -Sales Information Sales Date Book Page ~ Instrume_~t Owner Jun-2001 12709 1136 $100,000 WD ROWE TERRENCE C & Jan-1975 02400 1639 $100 00 Jan-1966 01415 0000 $11,000 WD http://www~c~~pa~m~beach~~.us/papa/main/detai~-inf~~asp?p-entity=~~4345~9~3~~~~48~ 12/9/2003 Palm Beach CounW Property Appraiser Property Search System Page 1 of 1 Show Drawing I Map I ~ iiSubareas for Building 1 Subarea SQ. Footage AS BASE AREA OP FINISHED OPEN PORCH OP UNFINISHED OPEN PORCH ST UNFINISHED STORAGE Total ~rea percent Effective Area ~rea Under 1,928 00 00 00 52 00 00 00 392 00 00 O0 96 00 00 00 2,468 -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 PLYWOOD PNI..=I.00 DRYWALL TERRAZZO MONOLITHIC=.99 N/A 1958 1978 3 2 0 0100 1 Show Drawing I Map I ~ http://www~c~~pa~m~beach~~~us/papa/main/struct-detai~.asp?entity-id=~~4345~9~3~~~~48... 12/9/2003 Palm Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information Gary P~ Nlkollts, CFA Palm Beach County Appraiser Public Access System Location Address: 1093 FLORENCE RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-03~000-0480 Subdivision: HYPOLUXO RIDGE IN Official Records Book: 12709 Page: 1136 Legal Description: HYPOLUXO RIDGE LTS 48 & 49 Sale Date: Jun-2001 - Owner Information Name: ROWE TERRENCE C & Mailing Address: 1093 FLORENCE RD LANTANA FL 33462 5338 ~J~ Ow,~n..J r -2003 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $93,893 Number of Units: 1 $19,200 Total Sq. FI: 2468 $113,093 Acres: .00 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,50g.35 Non ad valorem: $192.00 Total: $1,701.35 I I - 2003 Certified Assessed & Taxable Values Assessed Value: $102,201 Exemption amount: $25,000 (2003 Exemption) Taxable: $77,201 - 2004 Exemption(s) Homestead Receipt~: 0142006 Regular Homestead: $25,000 TOTAL: $25,00o Exemption Address: - Sales Information Sales Date Book Pa_~e Price Instrument Owner Jun-2001 12709 1136 $100,000 WD ROWE TERRENCE C & Jan-1975 02400 1639 $100 00 Jan-1966 01415 0000 $11,000 WD http://www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509030000480 12/9/2003 Palm Beach County Property Appraiser Property Search System Page 2 of 2 Print Information Home I ...... t Back I I Search I I Search Result ---- ~'~ - ~/ Please send us J~our feedback Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509030000480 12/9/2003