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R04-189 II I I RESOLUTION NO. R04- ISq 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND MICHELINE 9 MANY; AND PROVIDING AN EFFECTIVE DATE. 10 II 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7870 Loomis Street, Hypoluxo, Florida (Tropical 14 ¡Terrace Lot 163); and I \ 15 I WHEREAS, the parcel covered by this agreement includes a single-family home I ; i I 16 I located in the Tropical Terrace area; and i I I WHEREAS, a water distribution main exists on this street, allowing for the service 17 I ; I i 18 Ito this parcel; and I 19 I WHEREAS, No additional construction will be required by the City to serve this I I ! 20 ¡property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I 23 ! ! Section 1. The foregoing "Whereas" clauses are hereby ratified and con finned as I 24 ¡being true and correct and are hereby made a specific part of this Resolution upon adoption I 25 hereof. 26 I Section 2. The City Commission hereby authorizes and directs the Mayor to 27 execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 icheline Many, which Agreement is attached hereto as Exhibit "A". 29 I Section 3. This Resolution shall become effective immediately upon passage. 30 ! :\CA\RESO\Agreements\Water Service\Many Water Service Agreement,doc I I I I I I' I II I 1 2 3 PASSED AND ADOPTED this ~ day of November, 2004. 4 5 6 CIT OF BOYNTON BEACH, FLORIDA 7 8 9 10 , ~ 'c 11 ~ ~ 12 13 ¿:-::>. / ..-// ./ 14 15 -~ '----" Com 1 lOner . ..' 16 ~/'g~~L ~ 17 18 c~::~//~/-_/ 19 20 /', , / V .7 (~O~iS~I!~V~;-' þ~ 21 22 \ ~ \. 23 24 25 26 27 I I , ' ~ I I I I I S:\CA\RESO\Agreements\Water Service\Many Water Service Agreement.doc I I II I I I I THIS INSTRUMENT PREPARED BY: RoLl-IB'1 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.AÇJREEMENTmadeonthis ~ dayof~200~byandbetweeI1 /11 ich t1-1 IV E MAIV 'I 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 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 ~stomer with water service fi-om 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 confol1I\ance with all codes, rules and regulations 1 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 perfonn the work necessary to confonn the lines or the City may have the work perfonned 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 perfonned, 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. þ 5. Title to all mains, extensions and other facilities extended ftom 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 ftorrt 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 tlÌ~ 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 rulÙ1ing 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, Florid~, 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 oflocal, 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 tennination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th<: City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, FJorida, 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 WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of , 200_. INDNIDUAL(S) AS OWNER(S): (~~~~~/. Owner SIgnature ' . ~W'UrI F. íCe~ (\Arc.4 E. L i I'-J E- M A- f'J '/ Printed Owner Name Printed Witness Name ~/e. ~V¡{/O Witness Signatur 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name ~ FOR INDIVIDUAL (S) NOT ARIZA TION: 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 /1..1/ c h e (i k e /\/\0.. VI.. Y 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 individual was p8fS9D.aUy knôWll Lv me or provided the following proof of identification: ria. D. L. .h1£·oD-~·S·2- YSt- 92.. 0 - 0 WITNESS my hand and official seal in the County and State last aforesaid this /3# day of OCh~A.. ,200tf (Notary Se~_............. ,~tJM ~ j i SUSAA ¡ - -.. - 'M Notary Public ª ~ . --- : ~Oft\.~ ....-.,... l ... ¡.....:::~~:... - .. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATfEST: City. Clerk \ , 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 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 dayo( , 200_. (Notary Seal) Notary Public Approved as to form: City Attorney , \ 5 ,. THIS INSTRUMENT PREPARED BY: James fo.. Cherof. Esqull1l JosIas & Goren. P.A. 3099 East CommeIcIaI Blvd. Suite 200 Fl Lauderdale. FL 33308 - IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~( flA teart 1/VItfJ, Y)/1t è he ( I h ~ .Ma f\ V , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF ~OYNTON 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 t available means. The real property which is the subject of this power is described as follows: . if'] LfS' ¡() 07 . 60 000 J630 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, pi, -, FLORIDA, shall commence and be in full force and effect on the I day of () c-h> he r , 20 ß and the powers and authority shall be irrevocable by Grantee. \ . IN WITNESS WHEREOF, we have hereunto set our hands and seals the / yM day of Oc~ber , in the year two thousand and fo it í . Sealed and delivered in the presence of ~~'L~ Owner Signature . !\.A. \ <:'-"t+ e:- ~ ~ t:: "^ ~ ""/ Printed'Owner Name þ Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature . - Printed Witness Name STATE OF FLORIDA ) ) 55: COUNTY OF PALM BEACH ) THEF~REGOING INSTRUMENT was acknowled¡¡ed before me this J.1-{1-. day of ()cn -er , 20..Q!1., by ~Ché'llhe .MaJ'lV and, , whe·are knmal ':'J tg me or wt/o have produced Fla.. ,At. IrJSOO- JSZ-'rVJ1'l 0 - 0 , as identification and who did/did nottake an oath. r ~ ðOI.ÛNa --: ~~~; NOTARY PUBLIC J' If /II ~ .- - . " ·U.r COLt... (11/ J : ~ ~ QD 111_ : : ~.;.. . £-'11112008: ~ . Type or Print Name "~'" IIonøeø Ihn.o (SOO)432-4254€ -.......'.....!:~a ~Iotary 1\-:"11_ 1._ ~ ~ CommissiòlÌ\No. ~~~~.'^~" My Commission Expires: POA.IND ·palm Beach County Property Appraiser Property Search System Page 1 of2 ·'1~4':y;,:~ti.tL~}.. ~:.F: -\,. . Proper'1 Appraiser's Pd)', c A: c e,1 S i:,\ ¡; fT! .~' R' '. . .,. . ~.~,. ,~ . ~ ~ .. -,.- ~ ,-; _ J" ¡~ ~t"" r"' ~....~... f - -. . ~ r,l< _:~___-':¡L ::~-:õ..': .'.:t" ~; ~'¡""I .' - ' -. --. ~~.~' . "'.£m!! ~/,. ; Property Information Location Address: 7870 LOOMIS ST ~",,"'oiLl Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1630 Subdivision: TROPICAL TERRACE IN Official Records Book: 13913 Page: 1856 Sale Date: Jul-2002 Legalpescription: TROPICAL TERRACE LT 163 Owner Information Name: MANY MICHEUNE l..1li--··<·1 Mailing Address: 1001 CORAL CT BOYNTON BEACH FL 33426 3518 Sales Information Sales Date Book Page Price $élJ4i!Iype Owner L~,~·~<>,·I Jul-2002 13913 1856 $64,000 WARRANTY DEED MANY MICHEUNE Jul-2000 11898 1620 $6,450 Qun CLAIM CRAWLEY WILUAM J Jan-1998 10209 1722 $8,000 Qun CLAIM CRAWLEY WILUAM JOSEPH [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2004 P Tax Year 2004 Improvement Value: $43,02 Number of Units: 1 Land Value: 1566 *Total Square Feet: 1035 Total Market Value: 5868 Use Code: 0100 Description: RESIDENTIAL * in r_idential properties may indicate living .reB. P = Preliminary Values Assessed and Taxable Values Tax Year: 2004.P Assessed Value: $58,68 ~ Exemption Amount: Taxable Value: Tax Values Tax Year: ~ Ad Valorem: ' - Non Ad Valorem: ~,,·,~I Total Tax: ·,1 Record Search I Informªtj()n I Exemptions I COmmunity I EmPloyment I New HQrnE!.E3lJyer I Qffiç:eLgcati()l1s VallleJl.djustme.nt Board I Save Ourl-!Qrnes I SeniºLCorner I Qìsç:lairner Home I Links I Glossary I FAQ I Forms I Contact Us I f'APA http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451 00700... 10/13/2004 1180 1330 ... 0830 1170 1340 1670 1760 1 in. = 130.4 feet '1160 1350 0850 1770 2070 o 0641 1360 1840 1140 ~ S 1~ ~ 1~ ~1 ~ro ~ ~ 1 ~ 1380 Iu1 1800 1120 Ja IKIIJ 1 ,e mis St2050 o I!f 0610 0890 1390!: 1620 14 ~ 1910 P , 0900 - 1110 1400'" 1810 I-- 0800 0910 1100 1600 1830 ___ 2010 0590 0920 1090 1411 1590 1840 - 0930 1430 1580 1850 _ 0570 1070 0940 1440 _ 1860 1990 0560 0950 1080 1450 1550 ~ 0960 1050 1460 1880 0540 1040 1540 1960 0970 1470 1890 0530 1030 1530 0510 0990 1000 10101020 1490 1510 1520 1920 1930 - , I -- RD . I 3060 I ~050 __ Location Map - Exhibit "A" ~~ 'R::: 7 > . <8 ~ ;¡,,-J!