R04-188
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1 RESOLUTION NO. R04- \ 8e
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
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4 ' , FLORIDA, AUTHORIZING AND DIRECTING
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5 11 EXECUTION OF AN AGREEMENT FOR WATER ,
6 SERVICE OUTSIDE THE CITY LIMITS AND i
7 : 1 COVENANT FOR ANNEXATION BETWEEN THE I
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8 ; ! CITY OF BOYNTON BEACH AND QUINTIN LEE VAN; I
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9 ! I AND PROVIDING AN EFFECTIVE DATE. I
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12 ! I WHEREAS, the subject property is located outside of the City limits, but within our
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13 I water and sewer service area, located at 1163 Highview Road, Lake Worth, Florida (Ridge
14 ¡IGrove Add No I Lot 197); and
15 ! I WHEREAS, the parcel covered by this agreement includes a singie- family home
16 I ~ocated in the San CastlelRidge Grove project area; and I
17 II WHEREAS, a water distribution main has recently been completed on this street,
18 llowing for the service to this parcel;
19 WHEREAS, No additional construction will be required by the City to serve this
20 roperty.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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23 ' I Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as
24 I ~eing true and correct and are herehy made a specific part of this Resolution upon adoption
25 I ~ereof
26 I I Section 2. The City Commission hereby authorizes and directs the Mayor to
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27 rxecute a Water Service Agreement between the City of Boynton Beach, Florida and Quintin
28 ee Van, which Agreement is attached hereto as Exhibit "A".
29 I Section 3. This Resolution shall become effective immediately upon passage.
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, i:\CA\REso\.-\greements\water ServiceWan Water Service Agreementdoc
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3 PASSED AND ADOPTED this ~ day of November, 2004.
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6 CITY OF BOYNTON BEACH, FLORIDA
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12 Vice.Mayor"-:-?S~-·
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S:\CA\RESO\Agreemems\water Service\Van Water Service Agreement-doc I
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THIS INSTRUMENT PREPARED BY: ~O4-188
James A. Cherof, Esquire
J osias & 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 ~ day of Nove.m be v, 200~, by and between
Q~~..(L~ ~ Va...¥\-. hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation ofthe 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 ofthe 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 M 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 confonnance 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.
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
infonn 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.
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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,
impainnent or tennination 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, impainnent or tennination 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 hannless 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 perfonnance 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_
WITNESS: INDIVIDUAL(S) AS OWNER(S):
'-7z¡æ~d~~¿^- ~£ur~
Witne Signature ' Owner Signature
III fll~ tANAle Ç¡¡¿K'/I - Q4 ,,-L~ L...eÅ- V ;J\ '"
Printed Ìtness Name Printed Owner Name
6rtc-~f ~.
Witness S~ature
ßeTT'I L. S:;t}/'IG-;
Printed Witness 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
aforesaid, and in the County aforesaid to take acknowledgments, personally appeared
LVUI~h'tJ Le ~ VaN 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 personally known to me or ..£,rovided the
following proof of identification: Ft t< _ l:J L , V S t C - 7' L - S 7 - J 7 s -0 .
,
rWITI)TESS my hand and official seal in the County and State last aforesaid this 'J D +t-- day of
,.J<2 ftt' tu. Þe í ,200j
(Notary SeaIJ....... & ~"
. ..................
: SUSAN ,..^"~"'"_.....-. - ~ -1Æ -/
. ,f!j'~ """-UNa .
E !~~Y CoInmøocr--. I Notary Public
: ~~ . ~ I/1I2G01 :
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: -=:'" OFf\.~4 -...r1UllQ"'" (IOOw.... .......:
. '1/'111'" Florida ~....
,..........................~~~ Aaan.. Inc :
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WITNESS: CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
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 day of
,200_.
(Notary Seal)
Notary Public
Approved as to fonn:
City Attorney
5
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THIS INSTRUMENT PREPARED BY:
James A. Cherof. esquire
Josias & Goren, PA
3099 East Commercial Blvd.
Suite 200
Fl Lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF (la.(M ~ct
l/We, CQlAi N+i r0 Le e ~0 tV , 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
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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: 00-1-3-- ¥-S'- ()9 -ð 7- Or) () ~/'l7 ¿J
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
.' -}f... ~
FLORIDA, shall commence and be in full force and effect on the ~O day of
We VIA be r 200 l.f and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the JO'f^
day of f-e f teiube ( , in the year two thousand and -þ r
l{ .
Sealed and delivered in the presence of
Witness Signature Owner Signature
~~~ ~i.uL
Witnes Signatur Owner Signature
A1jff.ir:4,yA/h~ifÞ1 - ~ ;t1+ ,\1) L-e -L VtJ.-V\
Printed i ness Name . Printed Owner Name
~~ :r ~ .
Wi ness Sig~ture ~
L S ,
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
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THE FOR,EGOING INSTRUMENT wa~nOWledged before me this~ 0 day
of spfEVitJe(', 20..Q.!j, by uì ·di N Lee Vqt./ and
, who are Imo·..m to me or who have produced
FIt{ {).L. V~èc-711-n - ~7J' 0 , as identification and who did/did not take an oath.
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ª . Bonded IhN (800)432-'2$4~ Type or Print Name
: ..,,~,!!t~\\..~ FIo~~.~~?:~~.·;.I~;~_. Commission No.
My Comnï¡šsiö'rÏ'Expires:
POA.IND
Palm Beach County Property Appraiser Property Search System Page 1 of2
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GaryR. NikoUts, CFA
Palm Beach County Property Appraiser
Public Access System
Home Location Address: 1163 HIGHVIEW RD œa. ~w Map..
Search Municipality: COUNTY OF PALM BEACH
Search Re ult Parcel Control Number: 00-43-45-09-09-000-1970
Property In ormation Subdivision: RIDGE GROVE ADD 1 IN
Owner !nfo mation Official Records Book: 07570 Page: 0735 Sale Date: Jan-1993
Structural etail Legal Description: RIDGE GROVE ADD NO 1 LT 197
Extra Features
land Detail
Tax Detail r Owner Information
Name: VAN QUINTIN LEE
Print Infor1ation Mailing Address: 1163 HIGHVIEW RD
LAKE WORTH FL 33462 5909
Property ppralser
H 003 Certified Appraisal
Improvement Value: $49,906 Number of Units: 1 ¡st;~
Land Value: $11,520 * Total Sq. Ft: 1670 I Extra... I
Market Value: $61,426 Acres: .00 I Land.. ~ 1
Use Code: 0100 Description: SINGLE FAMILY
* in residential properties may indicate living area.
2003 Certified Tax
Ad Valorem: $1,201.07 lllaI tT';¡)(catculato~
Non ad valorem: $192.00
Total: $1,393.07 r Dct:¡¡L 1
2003 Certified Assessed & Taxable Values
Assessed Value: $61,426
Exemption amount: SO (2003 Exemption)
Taxable: $61,426
Exemption Information Unavailable.
Sales Information
$a I~s...t>-ª.te Bool< pag~ PrJç_e InstD,l1Jl!:!!lt Qwn~r
Jan-1993 07570 0735 $44,000 WD
Jul-1992 07342 1872 $112,500 WD
Mar-1992 07143 0085 $100 CT
Mar-1983 03904 1993 $45,000 WD
Print Information I
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