R04-013RESOLUTION NO. R04- O I~
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 LOIS MARCINKOSKI; 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 1065 Ridge Road, Lantana, Florida
Lots 33, 34 & 35 Ridge Grove); and
WHEREAS, the subject parcel is a single family home located in the San
Jastle/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
urisdictional limits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
FHE 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
;ervice Agreement between the City of Boynton Beach, Florida and Lois Marcinkoski, said
:\CASRESO',~eements\Water Service\Marcinkoski Water Service Agr.doc
attached hereto as Exhibit "A".
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this i~O day of January, 2004.
CITY OF BOYNTON BEACH, FLORIDA
~ViceM loner ~/ - ~
;:\CA\RESO\Agreements\Water Service\Marcinkoski Wa'~er Service Agr.doc
VZ.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOl v.
Requested City. Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
[] December2, 2003 November 17, 2003 (Noon.) [] February 3, 2004
[] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004
[] Janua~ 6, 2004 December 15, 2003 (Noon) [] March 2, 2004
[] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004
Date Final Form Must be Turned
in to City Clerk's Office
January 19, 2004 (Noon)
February 2, 2004 {Noon)
February 16, 2004 (Noon)
March 1, 2004 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business co
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Heating
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: po
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Lqi$
Marcinkoski for the property at 1065 Ridge Road, Lantana, Florida (Lots 33, 34 & 35 Ridge Grove). cz~
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project
area. 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. (See location map)
PROGRAM IMPACT:
A Water Distribution main has recently been completed on this street, aBowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
PROGRAM IMPACT: None
FISCAL IMPACT: None
-.._'~x~O'~'~ ~'ALTERNATIVES:' Departm~n~~'N'N°ne' This parcel is within the Utilities service are~~J~city Manager's Signature
XC:
UTILITIES
Department Name
Dale Sugerman (w/copy of attachments)
Peter Mazzella "
Michael Rumpf, Planning & Zoning. "
File "
S:~BULLET~,FORMS~AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / I-I~~ces
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~.~ dayof ffee_,~,,~-~,'- ,200.$ , by and between
~ ~, j .5 ?TI r_:t ;'cz.t",,~ ~ ,5,~/' hereinafter called the "Customer", and the
CITY OF BOYNTON I~EA~2it~ 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 Qustomer 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 conforn~ance w/th all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the C~tomer'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 exte~ision 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 fi.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 fi.om 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 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. 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 ofattomeyreferenced 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 indemify, 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 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 Wi~ESS WHEREOF, the parties hereto have set their hands and seals this 0,97 dayof
,_L)e eer pe r ,200
WITNESS:
Wl~ Si gnatz~"e
Printed Witness Name
Witness Signature
Printed Witness Name
Owner Signature
Printed Owner Name
3
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
afore~said and in the .C~oun~ aforesaid to take acknowledgments, personally appeared
L ~ ;._q ff'k~6~ r~c_; ? ~o.5.1~. ' ; tomeknowntobethe
person,(~described in a~d who executed the foregoing instrument that3~she acknowledged before
me that ~/she executed the same; ......that the ~.~...~-~inrlixridnM~ ...... ..- r o,-o,-.Mlv~ .___I,~o"'~...~ ,~.., me o~prqvided the
followingproofofidentificafion: ?L. Dr-- Pn 6o ..q- .q3/-
WITNESS my hand and official seal in the County and State last aforesaid this
~.~t.~ rn b~_t~- ,200~_
(Notary Seal)
dayof.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City~ C1 erk
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
, Mayor and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence oftw;0 subscribing wimesses 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 tree corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this__
, 200__.
dayof
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Joslas & Goren,
3O99 East Comrnem~al Blvd.
Suite 200
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF P~ Irv~
I~', J~0 ~-~ j~:~"'c.~' ~q 5 , , 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:
The powers and authority of my attorney, THE CiTY OF 'BOYNTON BEACH,
FLORIDA, shall commence and
, 200_3 a.d
Grantee.
be in full force and effect on the C~ ? day of
the powers and authority shall be irrevocable by
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of ,.~~A ~9~ in the year two thousand and-IL-//] re ~
Sealed and delivered in the presence of
Witness,~ignature '" · /' ~" (~Wner,~ign~ture
Pri ted W~tne'ss Name Printed-Owner Name '
Wi/ness Sig, ~]ture
Pdnted Witness Name
Witness Signature
Owner Signature
Pdnted Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
.~_ THeE FOI~EGOING INSTRUMENT was acknowledged before me this ~ ~ day
------ , who 3~ knc';..-:.-'t.~ i~-er who have produced
~"/.. ~-./.¢'e.-~,~ ~/1~, ~.~--.5-.~--, as identification and who-~d~jd, not-take aAoath.
NO_r~ARY P~BLiC~., ,..
Type or Pdnt Name
CommissiOn,.,No.
My Commission Expires:
POA.IND
1 in. = 221.6 feet
Jl12
1661
1390
1040
Location Map- EXhibit- "A"
Palm Beach County Property Appraiser Property Search System Page 1 of 2
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Gary R. Nikolits, CFA
Palm Beach County Appraiser
Public Access System
- Property Information
Location Address: 1065 RIDGE RD
ult Municipality: COUNTY OF PALM BEACH
=ormati<i~ercel Control Number: 00-43-45-09-08-000-0330
'mation Subdivision: RIDGE GROVE IN
)etail Official Records B.oqk: 07605 Page: 1610
res
Sale Date: Mar-1993
Legal Description: RIDGE GROVE LTS 33 TO 35 INC
Land Detail
Tax Detail
...................... . ~[J3w~r..k~fo rma tion
Print lnforr~ation Name: MARCINKOSKI LOIS
............ ~ ...........~ailing Address: LOIS MARCINKOSKI TRUST TI HLR
PropertylAppraiser 1065 RIDGE RD
H/~m,, LAKE WORTH FL 33462
-2003 Certified Appraisal
Improvement Value: $65,990 Number of Units: 1
Land Value: $20,480 Total Sq. Ft: 1410
Market Value: $86,470 Acres: .00
Use Code: 0100 Description: SINGLE FAMILY
-2003 Certified Tax
Ad Valorem: $806.75
Non ad valorem: $192.00
Total: $998.75
-2003 Certified Assessed & Taxable Values
Assessed Value: $66,264.00
Exemption amount: $25,000 (2003 Exemption)
Taxable: $41,264.00
- 2003 Exemption(s)
Homestead ReceiptS:
Regular Homestead:
TOTAL:
O142O35
$25,000
$25,OOO
Exemption Address:
Detail,..
- Sales Information
Sales Date Book Page Price Instrument Owner
Mar-1993 07605 1610 100 QC
httr):llwww, co.nalm-beach.fl.u,q/nana/main/cletai! infn am39n entitx~-~OO4'~4~OOOROhO0'tgO 11/gfi/ghO't