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R04-020RESOLUTION NO. R04- G ~O 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 JOSE RODRIGUEZ; 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 1094 Alto Road, Lantana, Florida Lots 291 & 292, Ridge Grove Addition 1); and WHEREAS, the subject parcel is a single family home located in the San 2astle/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 I'I-IE 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 Jose Rodriguez, said g:\CA~RESOXA~eements\Water ServiceLRodriguez Water Service Agr.doc Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this t.[ day of February, 2004. CIT,Y OF~ BEACH, FLORIDA C~°°mmissi°~ _ ~/ 3:\CAXRESOXAgreements\Water ServiceXRodriguez Water Service Agr.doc Address: lllllilllllllllllllllllllll 02/27/2004 16:09:06 20040108528 OR BK 16602 PG 0398 Palm Beach County, Florida Borothy H gilken, Clerk of Court 1 o,4- 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 ~er~ City of Boynton Beach P. 0. Box 310 8oynton Beach, Florida 33421i AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this // dayof ~o,.~.~, 1,~.~ ,200 3 , by and between ~r'. /~ ,~,, ~, ~-t.. hereinafter called the "Customer", and the CITY OF BOYN2~ON 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 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 conformance w/th all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Cffstomer'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 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. 2 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, 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 tire. 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 wan-ants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. . EL~SS WHEREOF, the parties hereto have set their hands and seals this ! ! b~day of __ _ ,200__~_~. WITNESS: Witness St4~)lamr e Printed Witness Name Wi'tnes~ Signatuf~ Printed Witness Name INDIVIDU~ ~S OWNER(S): Owner Signatq Printed Owner Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDWIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SSi 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 ,,~"'o~ ~ Dc/'~ t"~ ,z ¢ 7..- to me known to be the person(s) described in/nd who executed the foregoing ins~w~,ledged before me that he/she executed the same; that the individual wa~ersonally known to me o~provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this __ ,~_ _,z.~f_t.,~_ ,200}_. / / day of (Notary Seal),, ~'c~.~-"~'~ Barbara ~. l~dden - ~ d~ 'W~~°n g~ DD125274 Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA ATTEST: , lerk STATE OF FLORIDA ) ) SS; COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afqresaid ~d i~n th~ County aforesaid to take acknowled~/)ents, personally appeared y:o_f~.~V~~, Mayor and ,~JCk,~C,T ,iq,. '[)('cl, i(~;4c:) , City Clerk r.~.' ect.{v~'y, o/fMf2ity named in the foregoing agreement and that they severally acknowledged 4/~cecuti~ samei4'n the presence of two subscribing wimesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree 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_q. (Notary Seal) Ic~ dayof Notary Public Approved~ ~c~ City Attorney Barbara M. Madden ~ ;.C0mmt~m ~ DD125274 5 THIS INSTRUMENT PREPARED BY: James A. C_,her~, Esquire Joslas & Goren, P.A. 3099 East Commercial Blvd. Suite 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/'.Ai~, ~-'o5 (~ ~)o cJ ~ ~ ~. ~ ~ -z__ , hereinafter "Grantee", hereby U make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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,ow : The poem and a~hod~ of my aEomey, THE CI~ OF BOYNTON B~CH, FLORIDA, shall ~mmence and be in full for~ and effect on the //~ day of ~~~ , 20~ and the ~wem and au~o~ shall be i~evo~ble by Grantee. ., day of Witness Signa~e Printed Witness Name IN WITNESS WHEREOF, we have hereunto Set our hands and seals the - ~: ~'f-/~.~ ~, in the year two thousand and'dE/~ ~'~. Sealed and delivered in the presence of ~ Own S'gn ture Printed· oWner Name~,._.~ ~/iiness ~gnature J Pdnted ~/v~ness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) , THE FOREGOING INSTRUMENT Was acknowledged before me this //~ day ~ are Known to-lCil~or who have produced , ' ' Id/did not-take an oath. NOTARY PUBLIC My Commission Expires: POA. IND Type or Print Name CommissiOn,,,No. 1 in. = 235.6 feet 0130 I ~ )140 01200110 0100 ~050'00600070 0080 0090 06.20 0610 0500 0490 0480 0470 0460 0460 0370 03~0 0390 0400 0410 0420 0430 0440 I03~0 I 0350 I 0340 0330 0320 0310 0300 0290 Road 3O3O 256O 238O Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information Gary R. Nlkollts, CFA Palm Beach County Property Appraiser Public Access System Location Address: 1094 ALTO RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2910 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 16369 Page: 36 Sale Date: Dec-2003 Legal Description: RIDGE GROVE ADD NO 1 LTS 291 & 292 - Owner Information Name: RODRIGUEZ JOSE A Mailing Address: 947 ISLES RD BOYNTON BEACH FL 33435 -2003 Certified Appraisal improvement Value: $32,080 Land Value: $16,640 Market Value: $48,720 Use Code: 0100 Number of Units: 1 Total Sq. Ft: 670 Acres: .00 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $952.53 Non ad valorem: $192.00 Total: $1,144.53 -2003 Certified Assessed & Taxable Values Assessed Value: $48,720 Exemption amount: $0 (2003 Exemption) Taxable: $48,720 Exemption Information Unavailable. Sales Information Sales Date Book Page P~J~e Instrument Dec-2003 16369 36 $100 QC Oct-1994 06456 1054 $15,000 WD Owner RODRIGUEZ JOSE A RODRIGUEZ MARIA L Print Information http://www~c~~pa~m~beach~~~us/papa/main/detai~-inf~~asp?p-entity=~~4345~9~9~~~29~~ 1/23/2004 DEC. !2. 2003 ~O.uzAf¢~ 95~8455u25 ~0. i322 P, 2 QUITCLAIM DEED T/-[IS QUITCLAIM DEED, Executed this 2003 by first party, Grantor, whose post office address is to second party, Grantee, whose post office address is day of Maria Rodriguez 10609 Timberknoll Dr. Raleigh, NC 27617 Jose A. Rodriguez 947 Isles Rd. Boynton Beach, FL 33435 December WlTNESSETIt, That the said first party, for good consideration a~d for the sam of Dollars ($100.00 ) paid by the said second party, the. receipt whereof is hereby acknowledged, does hereby remise, release axed quitclaim unto the said second parry forever, all the right, title, interest and claim which the said fa-st party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Palm Beach , ~axe of Florida to wit: RIDGE GROVE ADD No 1 LTS 291:& 292 Parcel 00-43-45-09-09-000-2910 1094 Alto Rd. Lanmna Fi% 33460 [~g~atu.r~ o~ following page.] Page I of 2. DEC !2 28~3 !~: IN WITNESS WItE~OF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered/~ prese~:e of: } ~-ofwimess ' Sig~uure-~fFirstPa~, ~ 0 ' Print name of Wimess Print name of First Party 7 Signature of Wimess Signature of First Party, Cnamor Print name of Witness Print name of First Party co.um¥ pe~onally ~own to me (or proved to me on the b~is of sati~hc~o~ evidence) to be the ~(s) whose nme(s) is/~e sub.bed m ~e m~in insmt ~d ~owled~d m me ~at he/~ey ~emmfl ~e ~e ~ his&~/~eir au~d ~i~(ies), md ~t by hi~/~eir si~amre(s) on ~e tns~ment ~e pemon(s), or the entity up~ behalf of which the p~on(s) amd, ~uted ~e ~nt. WITNESS my hand and official seal, Signature ofNotary.,.--',x% ,L Mc/¢/,t~2..' :" ~ ' --'"' ...... ~-i "~',,~,"- ;~.q~..- ch'fAOt_x 7---... / / + comm. \ \ (Seal) , -- ...v -~ [ \ 5-11-2008. "'. Z,-."-., u~,_.... ,to'., "'-.."4'~'" ..... ;"~ ~'/' Affiant Kno',v~ //' Produced ID Type of ID ~/..e.~, ~.-. Signa~ture ofPrepga'er . . h-iht Nme of h~parer X ~ Addre~ of Preparer Page 2 of 2. Ink~ls of First Party AI-.IAAZB AK DEC 22 2883 i8:09 pAGE.03