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RESOLUTION NO. R05-t~&
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 NELSON AND
MARITZA CASTELLANOS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
and sewer service area, located at 1235 Highland Road, Lake Worth, Florida (Ridge
Lot 86); and
WHEREAS, the parcel covered by this agreement will include a single-family home
located in the San Castle/Ridge Grove project area; and
WHEREAS, a water distribution main has recently been completed on this street,
allowing for the service to this parcel; and
WHEREAS, no additional construction will be required by the City to serve this
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
Section 2. The City Commission hereby authorizes and directs the City Manager
:o execute a Water Service Agreement between the City of Boynton Beach, Florida and
and Maritza Castellanos, which Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
:\CA\RESOkAgreements\Water Service\Castellanos Water Service Agreement.doc
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PASSED AND ADOPTED this I~ day of ADc; I ,2005.
I
tttest:
CITY OF BOYNTON BEACH, FLORIDA
:\CALRESO\Agreements\Water Service\Castellanos Water Semice Agreement.doc
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
THIS AGREEMENT made oo this day of ,200 , by and between
/~]el~'0tq -/- /l~:i~Z. xl CdrTt-d'/~'/¥ 0..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 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 / ~4~ 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 with all codes, rules and regulations
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.
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
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.
Wi'~Jss~ignature
Printed Witness Name
~tness Signature ~
Printed Witness Name
[.0dCne~'~gnamre
Primed Owner 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
A/~ L.f'OA/ cthc~ /l/la c' ~-7~. ff'~ -f 7~e /J 07~! o f 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
followingproofofidemification: Flor ida.. dr,'~e r l[cerlce.r
~¢wI.~TN. ESS my and official seal in the County and State last aforesaid this a~day of
hand
WITNESS:
Notary Public -
CIT/Y OF BOYNTON BEACH,
~~ty Manager
FLORIDA
ATTEST:
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 a~d in the County aforesaid to take acknowledgments, personally appeared
Kote-i-[9~¢.~%t1¢~- , City Manager and ,-Y4/~--J- /~-/9~a',n~+c) ,CityClerk
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 volumarily 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.
(/~ES S my hand and official seal in the County and State last aforesaid this ~ ! '¢~ day of
· ,200._5".
(Notary Seal) ,,,_~ ~.~;,,, Barbara M. Madden
e ~..~i"~...'.oo. Commission # DD125274
... ~'~.g Bonded Thrtt - ---
~i?,~~ mantle sondtng co.. Utc. Notary Public
?
Approved ~~./~
City
Exhibit A
Legal Description: Lot 86, RIDGE GROVE, according to the plat thereof, recorded in
Plat Book 22, Page(s) 8, of the Public Records of Palm Beach County, Florida.
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & ~3ren, P.A.
3099 East Commercial Blvd.
Suite 200
FL Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
I/'~ /~J~/,F0/,t ~LA/lc, r;f~ (~'J~//[~zoJ', 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:
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~:~,-~)[ day of
~)£~r': , 20 0~and the powers and authority shall be irrevocable
by
f
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of ~'-~J~ f V~,K'i ,in the year two thousand and ~, I~ ~-'.
Sealed and deliv~d in the presence of
/
/ ' ~ - / 'Owner Sig~,~-
~dnt~ ~[ne~s~ame Printed Owner Name '
P~nted Wi~ess Name
Printed Witness Name
Owner Si.~ tu~pe , ' ,
Printed Owner Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me thisO(~ day
,4A~ r~k~>, ('~,.~('-el/4~oj , who are known to me or who have produced
, as identification and who did/did not take an oath.
Type or Print Name
Oommissi°n,,No.
My Commission Expires:
POA. IND