R05-009
II I
I RESOLUTION NO. R05-00'l
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 BRUCE R. JARVIS
9 AND NANCY L REAGAN; AND PROVIDING AN
10 EFFECTIVE DATE.
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12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 810 Bamboo Road, Delray Beach, Florida; and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in unincorporated Palm Beach County; and
17 WHEREAS, a water distribution main exists in the vicinity, allowing for the service
18 to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
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 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
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 Bruce
28 R. Jarvis and Nancy L. Reagan, which Agreement is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage.
30
31
S:\CA\RESO\Agreements\Water Service\larvis Reagan Water Service Agreement-doc
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2 PASSED AND ADOPTED this ~ day of January, 2005.
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5 CITY OF BOYNTON BEACH, FLORIDA
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21 CommIssIOner
22 Attest:
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S:\CA \RESO\Agreements\Water ServìceVarvis Reagan Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY: R65 - 009
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 AGREEMENT~e on this ~ day of 1)¿ C f fY'.be r , 200 ~ by and betweeJ}
1 (~ 30vN15 cl-: ~? ""-hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal oration 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 fÌ"om
.;.~ M:J1c·;;Jpal Wat~ Syst'":D. an¿ ilie mutual covenants e:presse.:: herein, the City "fBoynton :3each
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 ~ 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 instállation 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 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.
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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"om 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 volÙlltary 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
i::Œonn dIlyand aI: assigl1ð or purchasers of any;.., part tor-this proþerty of this covenánt 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 sufficientto 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 runÌ1ing with the land
described in paragraph I 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 oflocal, regional, State or Federal agencies or
öther 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.
I I. 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 addition3J 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 ~ESS WHEREOF ~e parties hereto have set their hands and seals this 9'¡'/ day of
Ct' fV\, e -( ,200_ . ,
~~ INDIVIDUAL(S) AS OWNER(S):
ß~__~ .~ ~
o i!Ð
Wi gnature Own ignature k~J~
~~ío~$) ~ßtJc.-r fl. \l"11Rr/,'5 ^ jell1\. C-1
. ted ¡tness N e Printed Owner Name .
I
W' ess Signature
~n\SR LaW \
rinted Witness N e
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o Signature flÞV1C~ re5~
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P . te<l_ itness Nam Printed Owner Name
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FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duIy authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
'Br\..lc.p.R.,~arvl·$ llnd Nctr1fN Roe.(}6}{}.¥'\ 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 provided the
following proof of identification: tJ It - .
WITNESS my hand and official seal in the County and State last aforesaid this ~.. ./1 day of
Pecembe.r ,200.'1
(Not-:r' St;¡,; \
."'-.....".... ~ STEPHANIE M. WATSON
œ MYCOl.tMISSIONfDDI51190
- . ,- EXPIRES: J8I1U81)' 13, 2007
.Rr:~ BonøtdThr¡¡NotIry~Undlrwlltft
WITNESS: ~BEACH'FLORIDA
~/*
. 'ïJ;,Yé'¿ ð5Tc//o Mayor KURT BRESSNER
ATTEST: CITY MANAGER
BOYNTON BEACH. FL
~'In ~,~
City, Clerk
4
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duIy 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 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.
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 Attomey
\
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> .
THIS INSTRUMENT" PREPARED BY:
James A. Cherof. Esqul..
Jos/as & Goren. P.A.
3099 East CommetdaJ Blvd.
Suite 200
Fllauderdale. Fl 33308
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF iliJ m ~
I/We, ~ rue \:.. ~t\J\ So <4- J Q V'<ÝL, (QQ ~~fter "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 shpll extf!nd 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:
.
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be In full force and effect on the ~ d~y of
'()f~lf . 20JIj and the powers and authority shall be irrevocable by
Grantee. "
, 1 \fi--
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
daYOfQ(œ~/ , in the year two thousand and . /:v J ~
Sealed and delivered in the presence of
~ //# ~
g
'Owner Sign re
, ~ 1Or( tv ...-.-- .
~lA:::,L C. \//4.",11/::-
Printed Owner Name
ed ¡t"55 Name
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, _ OW - ~ "',,~
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PrÎnted Owner Name OJ
STATE OF FLOKIDA )
} ss:
COUNTY OF PALM BEACH }
THE FOREGOING INSTRUMENT was acknowledged before me this q.¡..t¡ day
of ])F..tnnber , 20ï, by ßru~_P R .Jnrvì S -t NQ()~ Re~an and.
, whp are known to me or who have produced
- , as identification and who did/did nottake an oath.
"I STEPHANIE M. WATSON '1
I., "'.\ MYCOMMISSION#DD151190 m. UJaJ~()f)
~ : ¡ ·EXPIRES: Januar¡ 13, 2007
',¡¡;':. BondedThruNlJlarypliJIicUnderwtit&rs
1113101 DDISI\90
My Commission Expires:
POA.lND
.. I
1 in. = 148.1 feet /1
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~
5021
0690 I
f r
I 0132 0480 0100
0680 0280
boo 0170 0150
0670
--
! 0180 0250
0660 I 0290
0652 0300
0130 0090
0400
0641 0310
0220 0221 0470
0390
0320 0240
0330
150
LOCATION MAP - EXHIBIT "A"
Palm Beach County Property Appraiser Property Search System Page 1 of2
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Property Information
Location Address: 810 BAMBOO LN I ...~
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0210
Subdivision:
Official Records Book: 11709 Page: 1557 Sale Date: Mar-20DO
L J D - t- 4-46-43, WLY 70 FT OF ELY 397 FT OF SLY 93.96 FT OF NLY 424.7 FT OF GO\
ega escnp Ion: FIND CNL & E OF ST RD NO 5 IN
Owner Information
Name: JARVIS BRUCE R I ~
Mailing Address: 810 BAMBOO LN
DElRAY BEACH FL 33483 6340
Sales Information
Sales Date Book Page Price Sale Type Owner L~4.(~AM;l
Mar-20aO 11709 1557 $315,000 WARRANTY DEED JARVIS BRUCE R
Oct-1997 10027 1420 $225,000 WARRANTY DEED
NoY-1993 08008 1672 $100 LIFE EST A TE
Exemptions
Regular Homestead $25,000 Year of Exemption: 2005
Total: $25,000
Appraisals
Tax Year: 2004 2003 2002 Tax Year 2004-
Improvement Value: 5129 98 511786 117 869 Number of Units: 1
Land Value: ~250 00 190 00 $90 OOC *Total Square Feet: 22704
Total Market Value: 5379 98 5307 86 207 86
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
... Assessed and Taxable Values
Tax Year: 2004 2003 2002
Assessed Value: 216 90 $212 85 $207 869 L .;a........¡
Exemption Amount: $25 00 2500 $25 000
Taxable Value: 19190 $187 85 $182 869
r Tax Values
Tax Year: 2004 2003 2002 1...JA1t~
Ad Valorem: $3 743 3673 $3 59.
Non Ad Valorem: $191 $19 185 L~..
Total Tax: 393 $386 $3 781
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Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Loca
Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I FAQ I ~orrns I Contact Us I PAPA
http://www.CO. palm-beach.tl. us/papaiaspxlweb/detail_info.aspx?p _ entity=0043... 12/6/2004
Structural Detail Page 1 of 1
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IBuilding Structural Data and Drawing are for the Current Tax Roll.
BUILDING I II Hi ILDI'\(; 2 II BI I(DI\<; J II HI II I)I'\(,"¡ I
Structural Element for Building 1
1. Exterior Wall 1 CB STUCCO
2. Year Built 1957 Subarea and Sq. Footage for Building 1
3. Air Condition Desc. HTG & AC No. Code Description Sq. Footaç
4. Heat Type FORCED AIR DUCT 1. BAS BASE AREA 1512
5. Heat fuel ELECTRIC 2. FEP FINISHED ENCLOSED 112
6. Bed Rooms 0 PORCH
7. Full Baths 2 3. FSP FINISHED SCREENED 20.
PORCH
8, Half Baths 0 4. FST FINISHED STORAGE 134
9. Exterior Wall 2 N/A SFB SEMI FINISHED BASE
10. Roof Structure GABLE/HIP 5. AREA 121
11. Roof Cover CLAY/BERMUDA TL 6. FGR FINISHED GARAGE 187
12. Interior Wall I PLASTER Total Square Footage: 2274
13. Interior Wall 2 N/A Total Area Under AÎr: 1633
14. Floor Type 1 CERAM/QARY TILE I"" - .- i~- I
15. Floor Type 2 WOOD FINE/SOFT
16. StorÎes 1
Extra Feature
Description Year Built Units
BOAT DOCK WOOD 140
PATIO ROOF ALUMINUM OR STEEL 60
POOL - IN-GROUND 89
Patio 678
WALL CONCRETE BLOCK 560
Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature
depending on the feature described.
Detailed Land Information
Land Line # IDescription TZoning IUnits IAcres
1. IINTRACOASTAl CANAL IRM h 10
I~Search I t ~._I [., - ~t;~" ~;¡.,J
Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Loca
Value AdJustment Board I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I r-AQ I Forms I Contact Us PAPA
\0 2004 Palm Beach County Property Appraiser.
http://www.CO. palm-beach.fl. us/papalaspxlweb/detail_inf02.aspx?p _ entity=OO... 12/10/2004
Palm Beach County - Property Appraiser - Property Search System Page I of I
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Row~ 1 to 2. of 2 Clíck Parcel 10 for Detail I_B~ckto~~~"'C.~J I PreV1L_'IS, _ Jl~
~""'-'-,-.,
Own!'¡- NiHl!e Location Municipality
JARVIS BRUCE R 810 BAMBOO LN UNINCORPORATED
REAGAN NANCY l H/W 810 BAMBOO LN UNINCORPORATED
Re(()!d <»'iitch I Idorrni1llon I f:XE'JTlptIOI_'o) U)I}IIlIUlllty I Ef1lployment I New Horne Buyer ¡ Office LOCd
\/dlll(' MJ)ust!nc'lìt ß'J¿w: I ("'¡,,,. Our- flomes I Scnior Corner' I Disclaimer
H<:;rl1C ¡links I (;I%':-,II-Y I ! þ,Q I For-rns I Contact Us I PAPA
(c, 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fl.us/papalaspx/sales/search _ results.aspx?styp=gene... ] 2/6/2004
Tax Parcels 2002 Identify Results
PCN: 00434604000010210
CTY: 00
RNG: 43
TWP: 46
SEC: 04
SUB: 00
BLK: 001
LOT: 0210
CITY PROP: 0
DATE ADDED: 0000-00-00
CITY: 00
RANGE: 43
TOWNSHIP: 46
SECTION: 04
SUBDIVISIO: 00
BLOCK: 001
NAME: JARVIS BRUCE R
ADDRESS1 : 810 BAMBOO LN
ADDRESS2:
ADDRESS3: DELRAY BEACH FL 33483 6340
ZIPCODE: 334836340
M1SALEDATE: 2000-03-30
M1SELLlNGP: 315000
M1BOOK: 11709
M1PAGE: 1557
M1SALETYPE: I
M1INSTRUME: WD
M1QUALlFIE: Q
M2SALEDATE: 1997-10-01
M2SELLlNGP: 225000
M2BOOK: 10027
M2PAGE: 1420
M2SALETYPE: I
M2INSRUMEN: WD
M2QUALlFIE: Q
M3SALEDATE: 1993-11-01
M3SELLlNGP: 100
M3BOOK: 8008
M3PAGE: 1672
M3SALETYPE: I
M3INSTRUME: LE
M3QUALlFIE: D
M4SALEDATE: 1989-12-01
M4SELLlNGP: 212000
M4BOOK: 6285
M4PAGE: 1635
M4INSTRUME: WD
M4QUALlFIE: Q
NCOAFLAG:
ASSOCIATIO:
CFLAG:
LEGAL 1 : 44643, WL Y 70 FT OF EL Y 397 FT OF SLY 93.96 FT OF NL Y
LEGAL2: 424.7 FT OF GOV LT 1 WOF FIND CNL & E OF ST RD NO 5 IN
Date: 12/13/2004
Time: 8:41 :29 AM
Page 1
Tax Parcels 2002 Identify Results
LEGAL3: OR115P134
ZIPPOINTOF: 10
ZIPBARCODE: 5
TAXDISTRIC: 00354
NONADVALOR: 00300
PROPERTYUS: 0100
OWNERTYPEC: 0
SOHCURRENT: 207869
ACRES: 0
SOHBASEYEA: 2001
CYAGRICULT: 0
CYASSESSED: 207869
CYMARKETVA: 207869
CYNEWCONST: 0
CYDEMOLlTl: 0
CYLANDVALU: 90000
CYBUILDING: 117869
CYTAXABLEV: 182869
CYEXEMPTIO: 25000
PYAGRICULT: 0
PYASSESSED: 220632
PYMARKETVA: 220632
PYNEWCONST: 0
PYNDEMOLlT: 0
PYLANDVALU: 120000
PYBUILDING: 100632
PYTAXABLEV: 195632
PYEXEMPTIO: 25000
PETITIONNU:
EXEMPTIONC: 583895
Date: 12/13/2004
Time: 8:41 :29 AM
Page 2