R05-001
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1 RESOLUTION NO. R05- 001
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 ROBERTO
9 HUERTA; AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the subject property is located outside of the City limits, but within our
13 ater and sewer service area, located at 1043 Highview Rd., Lake Worth, Florida (Ridge
14 Grove ADD No 1 L! 213 & W Y2 ofL! 214); and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in the San Castle/Ridge Green proj ect; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 allowing for the service to this parcel; and
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 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 eing true and correct and are hereby made a specific part of this Resolution upon adoption
25 ereof.
26 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 Roberto
28 Huerta, which Agreement is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\Water Service\Huerta Water Service Agreement.doc
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3 PASSED AND ADOPTED this _ day of January, 2005.
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6 CITY OF BOYNTON BEACH, FLORIDA
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23 Attest:
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26 City Clerk
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S:\CA \RESO\Agreements\Water Service\Huerta Water Service Agreement.doc
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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
ß THIS AGREEMENT made on this day of ,200-.---' by and betweeI!
D&ç¡ff 0 f/¿Û<7/J ----+-'-- 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 trom
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 èustomer with water service fÌ"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 Li 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 confoflI\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 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.
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5. Title to all mains, extensions and other facilities extended fÌ"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 fÌ"oIrt 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 tlÌe City's water supply is sufficient to support the grant of
the power of attomey 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 runÌ1ing 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.
JO. 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 termination 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.
II. 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) fÌ"om 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 fÌ"om 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.
-£1 ~ WITNESS WHERE~ the parties hereto have set their hands and seals thi~/í-r day of
v {/I (/J-1 ,20.
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Witness Signature Owner Signature
fo~t~ Ii Jf3ûf1 ¡J #(/ C/flll
, ,
Printed Owner Name
(¿?
ú1lftf:}!:f;tJ67(//u ßcSA "'
Printed Witness Name
3
Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDMDUAL (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
afi es 'd and in ~ 1{Jp aforesaid to take acknowledgments, personally appeared
() '6 ÿ;" L? vt;: 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~t the ~yjdUal w:!:!r.ers~y !;tz;:;:r: me or provided the
following proof of identification:. [if l£.:Ju- 7. 'J- ~ r C1 .
;1;. rJ¡ ~ESS my hand and tcial seal in the County and State last aforesaid this ~ay of
If It (J I , 20 .
(Not~,~eal) FABWID.S08A 1itiJ? d PrÞ-~ -
~ MYCOI..SIJIIIDDI6448'1
* « EXPtRE8:ee.wS,2006 Notary Public
......" _nNlli.loot"""'-
"
WITNESS: J CITY OF BOYNTON BEACH, FLORIDA
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V~O- J. Yl2£-£
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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
. Te rr;¡. /1/or , Mayor and -T'ctVle+ f'ra..)h)f-o , City Clerk
respectively, the C ty named III the foregomg agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses fÌ"eely 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.
:Jã. WITNESS my hand and official seal in the County and State last aforesaid this 1/-/1.. day o(
ænt<~rV ,20<:1>.
f -
(Notary Seal) r~~¡
Notary Public
Approved as to fO~
Æ)CM5 ddoS"
- I I.==~"!
City Attorney
m _311I20OI:
! ~ ~ landed.... (1ICO)432..2S4!
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: .¡,...", Florida Notary Assn., Inc :
~..............................................
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THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
JosIø & Go<on. P A.
3099 East CommOfdal Blvd.
SuJ\e200
FL Lauderdale. Fl 33308
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF (ÍfJh fJ¡Çl1{f!
,
I/We, fûtr!~10 !I()&¡(1/1 , 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: 0043Lt5oq oq 000 ~\ôb
.
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the (). fill d~y of
,Al/duf1 , 20~ and the powers and authority shall be irrevocable by
Grantee.
Palm Beach County Property Appraiser Property Search System Page 1 of2
Property Information
location Address: 1043 HIGHVIEW RD liii"'W~-~-""'''
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2130
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 13336 Page: 1447 Sale Date: Dec-2001
Leg,,1 DescriDtion: RIDGE GROVE ADD NO 1 IT 213 &. W 1/2 OF LT 214
Owner Information
Name: HUERTA ROBERTO t",,,,,AJI'-'"hiiihiii
Mailing Address: 1043 HIGHVIEW RD
LAKE WORTH Fl 33462 5907
Sales Information
Sales Date Book Page Price Sale Type Owner ,¡¡¡iiiiiJihiitMi5aIes:ÚhiiiiW;¡i'i¡
Dec- 200 1 13336 1447 $73,000 WARRANTY DEED HUERTA ROBERTO
Oct-2001 13336 1446 $10 QUIT CLAIM REGIONAL TRUST CORPORATION
Aug-2001 13223 1075 $42,109 WARRANTY DEED EMMANNEL DOUGLAS
[ Exemptions I
Exemption Information Unavailable.
Appraisals
Tax Year: 2004 2003 2002 Tax Year 2004
Improvement Value: 57 457 52 758 48 313 Number of Units: 1
land Value: 17 086 15 360 12 000 *Total Square Feet: 1408
Total Market Value: 74 543 68 118 60 313
!)~se Codg: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2004 2003 2002
Assessed Value: $74 543 $68.118 $60 313 I~
Exemption Amount: $0 $0 $0 N 11"
Taxable Value: $74 543 "68.118 $60 313
Tax Values
Tax Year: 2004 2003 2002 ~~
Ad Valorem: $1 491 "'1332 "'1186
Non Ad Valorem: $191 "'192 "'185 l~MìJlli¡¡Míci~tili¡¡j¡j¡_J
Total Tax: $1 682 "'1524 "'1371
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Location Map - Exhibit "A"