R04-012RESOLUTION NO. R04- O 10%,
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 JOAQUIN VALENTIN AND EUFEMIA
VALENTIN; AND PROVIDING 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 1191 Peak Road, Lantana, Florida
(Lot 255, Ridge Grove Addition No. 1); and
WHEREAS, the subject parcel is a single family home located in the San
Castle/Ridge Grove project area; and
WHEREAS, only potable water is available for connection to the property at this
time due to recent water main improvements constructed by Palm Beach County as part of a
neighborhood improvement project;
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
THE 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
Service Agreement between the City of Boynton Beach, Florida and Joaquin alentin and
5:\CA\RESO\Agreements\Water Service\Valentin Water Service Agr.doc
Eufemia Valentin, said Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~C~ day of January, 2004.
CITY OF BOYNTON BEACH, FLORDA
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02/10/2004 12:49:17 20040074501
OR BK 16534 PG 1877
Palm Beach County, Florida
Dorothy H Wilken, Clerk of Court
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commemial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Office ot the City Ciera
City of Boynton Beach
P. 0. Box 310
Boynton Beach, 1:lodda
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~.~"~"day' of_'~)/A_JoV~.,~.bc.r , 2002, by
and between ~'ea_~a±n Va].ent_J.n an(:] ~ufemJ. a V'a'lent.±r~, his w±fe 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 p:operty 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 ./, c// 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
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.
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 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.
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 WITNES~ WHEREOF, the parties hereto have set their hands and seals this
day of /F'¢'~ ,200J'.
Printed Witness Name
Printed Witness Name
Printed Witness Name
,'"'~V it~'~'s Signa~'ure
INDIVIDUAL(S) AS OWNER(S):
~r ~ignature
Joaquin Valentin
Printed Owner Name
Owne&r Signature
Eufemia Valentin
Printed Owner Name
0130
0120
0010 ~.~
0030 0040 0050 0060 0070 0080 0090 0100J 0110
0020
3110 3130 3150 3170 3200 22e~23! 1241 3250
240o~51e~52~ 25~0 m 256o ~80, ~01, 202o2~oJ
I
2380
1360
Location Map
0210 0200 0190 0180 0170 0160 0150
0080 0001 0100 0110 0120 0130 01401~
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Exhibit "A"
Palm Beach County Property Appraiser Property Search System Page 1 of 2
Ga~y R. Nlkolits, CFA
Palm Beach County Appraiser
Public Access System
- Property Information
Location Address: 1191 PEAK RD
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-09-000-2550
Subdivision: RIDGE GROVE ADD I IN
Official Records Book: 07823 Page: 0934 Sale Date: Ju1-1993
Legal Description: RIDGE GROVE ADD NO 1 LT 255
- Owner Information
Name: VALENTIN JOAQUIN & EUFEMIA
Mailing Address: 1191 PEAK RD
LAKE WORTH FL 33462 5923
-2003 Proposed Appraisal
Improvement Value:
Land Value:
Market Value:
Use Code:
$42,840 Number of Units: 1
$11,520 Total Sq. Ft: 1033
$54,360 Acres: .00
0100 Description: SINGLE FAMILY
-2003 Proposed Tax
Ad Valorem:
Non ad valorem:
Total:
$195.74
$192.00
$387.74
-2003 Proposed Assessed & Taxable Values
Assessed Value: $35,010.00
Exemption amount: $25,000 (2003 Exemption)
Taxable: $10,010.00
-2003 Exemption(s)
Homestead ReceiptS:
Regular Homestead:
TOTAL:
0142096
$25,000
$25,000
Exemption Address:
Sales Information
Sales Date Book Pagp
~i:~'~9~ ....... 0~ 0934
Ap>191M 04222 1764
Pri.~e Instrument Owner
38000 WD
40000 WD
..... Print Information J
http://www~c~~pa~m~beach~~~us/papa~majn/detai~-inf~~asp?p-entity=~~4345~9~9~~~255~ 11/20/2003
LEGAL DESCRIPTION
EXHIBIT A
Lot 255, Ridge Grove Addition No. 1, according to the map or
plat thereof as recorded in Plat Book 22, Page 43, Public
Records of Palm Beach County, Florida.
(Notary Seal)
Approved as to form:
City Attorney
JAC/Ims
900182
12/12/95. rev
WATERSRV. 1
Notary Public
Legal Description Approved:
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 the County aforesai¢ to take acknowledgments, personally
appeared-~"/~. ,,~ V'~,4 ~ ~u~,~ V'~.~n-/~/ to me known
to be the person(s) described in and who executed the fore. g.Q~_~n instrumgnt thrhat_ __
he/she acknowledged before me that he/she executed the same, that th ' ividual
~--p~ally known .t~or provided the following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this
day of /t/.~//~,r~.,¢-~.¢~
(Notary SeC¢..-~,~;,,,. --~-~~co "1!
~;~ EXPIRES: August ~,
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
¢~or / /
ATTEST:
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 ~--~¢~/ '7"5L¥'/Of- , Mayor and d-~.~-f ,
City Clerk respectiCely, of'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
~'7'~ dayof
my hang_d, and official se
k./~ n u'4 r-t/ a,1200~.in the County and State last aforesaid this
/
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial BI~.
Suite 200
Ft. Lauderdale, FL 33308
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02/10/2004 12:49:17 20040074502
OR BK 16534 PG 1882
Palm Beach County, Florida
Oorothy H Wilken, Clerk of Court
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLO,[RIDA
COUNTY Of,~ /~~
I/We, Joaquin Valentin and Eufemia Valentin, 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:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
/~1//'~'l.'~x-'c' , 20°~ and the powers and authority shall be
Grantee.
o// day of
irrevocable by
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of /~/~/ , in the year two thousand and '~/~.~z_...
~led..,,,,Witness si~and delivered inthe presence o~~ ~r~./~_.
Printed Witness Name Printed Owner Name
~-~Ti~n~ Signatur'E
/~ess Sig~qZureF ~ Print~ Witness Name
~Witno~ Si~naturo
Print~ Witne~ Name
Owner Signature
Eufemia Valentin
Printed Owner Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of
THE FOREGOING INSTRUMENT ~ acknowledged before me this cY~/ day
/[/~ ~'~v~ 20o~, by ~ ,W.~ v~,~ q,~,v~ ,,J and
d~Wh-~re k.k.k.k.~wn toj.q3J~or who have produced
, as ide~_ ~and ~id not take an oath.
Type or Print Name
Commission No.
My Commission Expires:
POA. IND
I~¢"A'~A MY COMMISSION if CC 939386
I~_-~ EXPIRES: August 22, 2004
I ~'*~ ~ Bo.did Thro Notary Public Underwriters
TITLE SEARCH
Showing Ownership and Encumbrances
Fund File Number: 06-2003-14593
Provided For: Ann Marie G. Rezzonico, P.A. Agents File Reference:
Valentin
Effective Dates: From August 2, 1993 at 8:00 a.m.
To October 23, 2003 at 11:00 p.m.
This title search commences from the date of the last outstanding institutional first mortgage on the
property. If there is no outstanding mortgage, the search commences with the date record title vested
in the current record owner.
Description of Real Property situated in Palm Beach County, Florida.
Lot 255, Ridge Grove Addition No. 1, according to the map or plat thereof as recorded in Plat Book 22,
Page 43, Public Records of Palm Beach County, Florida.
Apparent Title Vested in:
Joaquin Valentin and Eufemia Valentin by Warrant), Deed
Recorded in: O.R. Book 7823, Page 934.
This search does not cover matters other than those recorded in the Official Records Book of the
county and does not assure the legality or validity of the referenced instruments.
Ad Valorem tax information is not provided
Signed this 19th day of November, 2003.
Prepared by: Maxine Knowles
Typist: rt
Attorneys' Title Insurance Fund, Inc.
AutnorizedSignature: ~ ~L~g~O~
Page 1 of 2
Rev.O.O
TITLE SEARCH
Showing Ownership and Encumbrances
Fund File Number: 06-2003-14593
ENCUMBRANCES
,4 20-year name search has been performed on parties acquiring an interest within the time period
covered by this search.
This Title Search is prepared and furnished for information only. It is not an opinion of title and may
not be used as a title base for the issuance of a title insurance commitment and/or policy, nor should it
be used for the preparation of foreclosure proceedings or other litigation. Maximum liability for
incorrect information is $1000 under Sec. 627. 7843, F.S.
Mortgage to Empire Mortgage Group, Inc., mortgagee(s), recorded under O.R. Book 7823, Page 935,
as assigned to First Atlantic Mortgage Corporation, assignee, by assignment recorded August 2, 1993,
under O.R. Book 7823, Page 941, last assignment being in favor of Allied Group Mortgage Company
recorded in O.R. Book 7889, Page 1470, Public Records of Palm Beach County, Florida.
2. Removal Agreement recorded in O.R. Book 9044, Page 409, Public Records of Palm Beach County,
Florida.
Page 2 of 2
Fund File Number:
TITLE SEARCH
Showing Ownership and Encumbrances
06-2003-14593
................ E~C~RANCES
A 20-year name search has been performed on parties acquiring an interest within the time period
covered by this search.
This Title Search is prepared and furnished for information only. It is not an opinion of title and may
not be used as a title base for the issuance of a title insurance commitment and/or policy, nor should it
be used for the preparation of foreclosure proceedings or other litigation. Maximum liability for
incorrect information is $1000 under Sea 627. 7843, F.S.
1. Mortgage to Empire Mortgage Group, Inc., mortgagee(s), recorded under O.R. Book 7823, Page 935,
as assigned to First Atlantic Mortgage Corporation, assignee, by assignment recorded August 2, 1993,
under O.R. Book 7823, Page 941, last assignment being in favor of Allied Group Mortgage Company
recorded in O.R. Book 7889, Page 1470, Public Records of Palm Beach County, Florida.
2. Removal Agreement recorded in O.R. Book 9044, Page 409, Public Records of Palm Beach County,
Florida.
Page 2 of 2
~ ,~ ~ ill ',~' ~ . 0 · ~
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~ 2~ DESCRI~I~:
~ 255~ PI~ G~ - ~DITI~ NO.1 ~~..
~ ac~rding to ~e Plt ~ereof as ~ = ~~,~
~ re~rded ~ P~ ~K 22, Pn~ 43 of
~ ~e P~lic Re~r~ of Pa~ ~ach (~> : ~~
~ Co=ty, Florida. ~) ~ ~ ~
~¢I~ ~C&~ G~L~ ~C.
~ FI~T ATTIC ~~ ~O~I~
~ ~'~ ~D TIT~ ~S~ ~.~ '
//~/ ~~ ~~ ~
NOT VALID CERTIFICATE ~
I hereby ce~ify that this sketch of su~ey of the her~n
UNL~S S~LED de~dbe~ prope~y is a true and correct representation of BASELINE ENGINEERING
a suwey made under my direction and that ~id su~ey is
~TH THE accurate and co.act to the best of my knoW.ge and AND
belief, and unl~ othe~ise ~own, there 8re ~ visible
EMBOSSED S~L oncroaohm~nt& I fudh~r codify that tho *u~oy ro~ro- SURVEYING, INC.
,ont~ h~r~n m~t~ tho Minimum Tochnical Standard~
OF as set fo~h by the Florida Board of Prof. s ~iona~and NORTH~N TRUST P~A · 301 YAMATO ROAD
Su~e~m in Chapter 21HH-6 F~ ~mi~ative
CERTIF~NG Code, pursuant to Section 472~.FIo~a ~u~ __ BOCA RATON, FLORIDA 3~31
SURVEYOR Date-~'~ (/~ ~%[ v ~