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..'
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Affiant Kno',v~ //' Produced ID
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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