R04-006RESOLUTION NO. R04- OOt~
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 CARLOS VALENCIA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
,rater and sewer service area, at 1200 Ridge Road, Lantana, Florida (Lot 128 and 129, Ridge
_3rove), which is located in the San Castle/Ridge Grove project area; and
WHEREAS, the subject parcel contains a single-family home, and only potable water
s available for connection to the property at this time, due to water main improvements
:onstructed by Palm Beach County as part of a neighborhood improvement project; and
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
rilE 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
~ereof.
Section 2. The City Manager is hereby authorized and directed to execute a Water
;ervice Agreement between the City of Boynton Beach, Florida and Carlos Valencia, said
tgreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
,:\CA',RESO~,Agreements\Water Service\Valencia Water Service Agreement.doc
PASSED AND ADOPTED this_~ day of January, 2004.
CITY OF BOYNTON BEACH, FLORIDA
:\CAXd*,.ESO'~Agreements\Water Service\Valencia Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
City of Boynton Beach
P. O. Box 3]0
9oynton [~:ach, Florida 3342~
01/27/2004 12:19:17 20040046882
OR BK 16480 PG 0416
Palm Beach County, Florida
Dorothy H gilken, Clerk of Court
-oo(
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGRE~EME~T madp~on ,this _ day of ,20 , by
and between ~.,~r-./~._'% ~,/~/~..r~_;'o,_ hereinafter called
the "Customer", and the CITY OF 'I~'OYNTON 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 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 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
C~ty.
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.
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 I 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.
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 j~ c,~,*,-~-~ ,2005
WITNESS:
Witness Signatur~ ~
j/~itn_e//~ignature ,..,~~/'~'~-"~
I~ri-nted Witness Name
Owner Signature
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness 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 ~hfe County .aforesaid to take acknowledgments, personally
appeared LLCt. F?.5 VC?!~-_-/,1 C-i ~ 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 individuai-~a.s.
I~.' :--'::-.'-:--"D;.'.~Z[c~-:~;k-~/~/.5:~~' ...... *" m" //5/-'z/7-~'''/-c'r provided _the,~.following proof of identification:
.WITNESS mY/hand and official seal in the County and State last aforesaid this
4~- day of ,,/~,/~ ~ ,200~
WITNESS:
I - 0.'
COUNTY OF PALM BEACH)
CITY OF BOYNTON BEACH, FLORIDA
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 ~-ee~7 T~.~I,~ , Mayor and
-,
City Clerk respectively, (~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 and official seal in the County and State last aforesaid this
/5~ day of ~'~r~ ~_~,~.._ ,200_~
(Notary Seal)
Notary Public
Approved as to form:
-~,City Attorney
Legal Description Approved:
JAC/Ims
900182
12/1 2/95. rev
WATERSRV.1
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 3,3,308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY Of ~!v~
I/We, ,~ ~ c_ ~'~:~... , 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
,o,,ows: / 0o
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~/ ? ~day of
~J~ ~J~ , 20 C~L~ and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the /~
day of ~I 0 t,/, , in the year two thousand and ~"~f~ .~
Sealed and delivered in the presence of
witness SignaJJ.'~ '
Pr~,,,/~Witness Name '
Witnes~s Signature
Printed Witness Name
Owne'r Signature
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of ~,JH ~F.O R/E G el N G210NoS~,R U IV~ N T ~.-~"cL~wl e'~g,~b~?~_me t h,' s /------~adna~
'"qr /,¢~ . , wh., ai-~ i<riowi~ ,c, mo or who -bti~ produced
j~... Z)r. j.-;e.~ (Lj'~. //'/- ~"?-- , as identification and who did/did not take an oath.
My Commission Expires:
POA. IND
NOTARY PUBLIC_ /, .~.
Type or Print Name
Commission No~
'V ]!q!LIX3 - delAI uo!~,eoo9 0
S.M. CASOI~A, I~I,
CAS0~TA& GOF,
10402AYVIRWDI~T%~, 9600
1~. LAUDERDALE, ~PL 33304
00-43-45-09-09-000-1280
Special Warranty Deed
This lndentu~e~ ~ ~is 15~h ~y of
RAYMOND 2. LOOEXNAN, a s£ngle man
,2003
Betwccn
wb~ ~ h: 1091A SUMMIT PLACE CIRCLE, Woo~ Palm Beach, FL 33415
andy, and ~.axeo ~uboeq'uen.~ 'c.o 2002.
To Have
Wi~ess
~A~ OF
CO~
1200EOUT ~Ocrm~O~~. ~e¢ {M3)'~}$ ~
Palm Beach County Property Appraiser Property Search System Page 1 of 2
Gary I~ Nikolits, CFA
Palm Beach County Appraiser
Public Access System
-Property Information
Location Address: 1200 RIDGE RD
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-08-000-1280
Subdivision: RIDGE GROVE IN
Official Records Book: 16076 Page: 1427
Legal Description: RIDGE GROVE LTS 128 & 129
Sale Date: Oct-2003
- Owner Information
Name: VALENCIA CARLOS
Mailing Address: 1091 SUMMIT PLACE ClR #A
WEST PALM BEACH FL 33415
-2003 Proposed Appraisal
Improvement Value:
Land Value:
Market Value:
Use Code:
$15,456 Number of Units: 2
$14,976 Total Sq. Ft: 1250
$30,432 Acres:
0100 Description: SINGLE FAMILY
-2003 Proposed Tax
Ad Valorem: $595.03
Non ad valorem: $333.00
Total: $928.03
-2003 Proposed Assessed & Taxable Values
Assessed Value: $30,432. oo
Exemption amount: $0 (2003 Exemption)
Taxable: $30,432.00
Exemption Information Unavailable.
- Sales Information
Sales Date Book Page Price_ Instrument
0ct-2003 16076 .1427 55000 WL)
Sep-2003 16029 1665 35000 WE)
Sep-2003 16029 1663 29000 QC
Jan-1980 03280 0850 38000 00
Owner
VALENCIA CARLOt$
LOUKINEN RAYMOND
TRI COUNTY INVESTORS LLC
Print InfOrmation
http://www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509080001280 11/19/2003
Palm Beach CounW Property Appraiser Property Search System Page 1 of 1
Show Drawing / Map I ~
[Subareas for Building 1
~ba r_ea~%q~F oo~.q~
AS BASE AREA
AS BASE AREA
Total
~ ~ Effective Area
800 00 00
450 00 00
1,250
Area Under Air
oo
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-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
VINLY / ALUMINUM SIDING
N/A
GABLE/HIP
ASPH/COMP. SHG.=I.00
WALL BD. OR WOOD=.88
N/A
HARDWOOD/PARQUET=1.04
N/A
1948
1950
2
1
0
0100
1
Structural Elements for Building 2
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
FLAT
BUILT-UP T/G= 1.00
WALL BD. OR WOOD=.88
N/A
CONC. FINISH=.97
NIA
1952
1952
1
1
o
01oo
1
Show Drawing/Map ]
Print Information
http://www.c~.pa~m-beach~~~us/papa~main/stmct-detai~~asp?entity-id~~~4345~9~8~~~~2~~~ 11/19/2003