R05-076
II
1 RESOLUTION NO. R05-07~
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 ARMANDO CORZO;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 ater and sewer service area, located at 1237 Highview Road, Lantana, Florida (Ridge Grove
14 DD No.1, Lots 187 & 188); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 ocated in the Sand Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street
18 llowing for the service to this parcel; and
23
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:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
eing true and correct and are hereby made a specific part of this Resolution upon adoption
29
30
Section 2.
The City Commission hereby authorizes and directs the City Manager
25
26
27 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 MANDO CORZO, which Agreement is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
:\CA\RESO\Agreements\Water Service\Corzo Water Service Agreement.doc
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PASSED AND ADOPTED this J.L day of MAy
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
;;;;;;;;nm
l:-
Commissioner
I-
~~
Commissioner
S:\CA\RESO\Agreements\Water Service\Corzo Water Service Agreement.doc
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Office of the City Clerk
City of Boynton Beach
100 E 8'"'VI">'¡'-"1 g,,·,,-.h ß '¡d
. Ul~:I'.¡.,..,n1 ¡.....'("C4\"...~. _~ "
Boynton Beach, FL 33435
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
R05-0ìb
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of ,200_, by and between
AI" t'Y\.l1.V\ Jo C c.. íZ-D hereinafter called the "Customer", and the OTY
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 ftom
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 ftom its Municipal Water
System to service the real property descnlJed as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ß 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.
1
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.
2
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 Pahn 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 tennination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements of local, 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 the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Connnission, 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. 'I
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C' ~. ~FSS WHEREOF,..!he parties hereto have set their hands and seals this J..J. day of
~ ,2005.
}fID~UAL(S) AS OWNER(S):
~~
Owner Signature
/Jrl17~'4(J C;,Zo
Printed Owner Name
L~~I F ~
Printed Witness Name _
'J~G- ~
Witness Signature }
Ve } ~Y) (t fY) ì f' ~
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
AI? rnáncJ(¡ (I (.),.e~ ù to me known to be the
person(s) described in and who e cuted the foregomg mstrument 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: ¡C h· ;e I 'cl ú /J '" ¡' ¡,I ~ /?:.. L I' {, f' r}~ {' .
~
WITNESS my hand and of:!tcial seal in the County and State last aforesaid this <~<J day of
J4~. ,200~
J -
(Notary Seal)
\\""" B b
",~~~y Pt!.9." ar ara M. Madden
l~I<¡;~CoIl1lIlission # DD125274
-en ,0. ¡¡y,,'
;~ 'Ø,.~ -""Ires July 19, 2006
""~"OFf\'é§':.,.. Bonded Thru
11'"1"'" Atlantic Bonding Co., Inc.
~~ ~,/kcu¿~
Notary Public
WITNESS:
~O::EACH. FWRIDA
Kurt Bressner, City Manager
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
, City Manager and , City Oerk
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
,200_.
day of
(Notary Seal)
Notary Public
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5
THIS INSTRUMENT PREPARED BY:
James A, Cherot, Esquire
3099 East Commercial Blvd.
Suite 200
Ft, Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF -.ßl\-v\ ~
IIWe,
I+rM~d(} GíZ--o
, 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:
CJó-lf3-<.f__Ç -09 -09 - 000- /870
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the Z-2- day of
ApLLl , 20ð'Ç' and the powers and authority shall be irrevocable by
Grantee.
~j
IN WITNESS WHEREOF, we have hereunto set our hands and seals the »
IJ ~ , in the year two thousand and f. vf .
,
day of
Sealed and delivered in the presence of
OYm~ ~
!Jrm ~l/Vlo c; r¿o
Printed Owner Name
Itness Signature
S~"Wl~~ ç (7~
Printed Witness Name \ ~
J~~c~ ß~
Witness Signature )
~ mc,- ¡n;) e ~
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA
)
) ss:
)
COUNTY OF PALM BEACH
~
THE FOREGOING INSTRUMENT was acknowledged before me this .;LL day
of fJ /J ~.. { , 20D ~'~ by // (l rn iÚJI r1,') [1 c> ¡e 7 " and
I , who are known to me or who have produced
Fil..'L.'-( if.<- rl /2,',-, tp~~ L/f:"'r5.(', as identification and who did/did not take an oath.
"'~V~!!'" Barbara M. Madden
t~"if;\Co~Dn # DD125274
::~\ ¡~S ExpIreS July 19,2006
'::.j>¡-'F¡ f\<;)~~~ Bonded Thru
""""\\\' Atlantic Bonding Co.. Inc.
vþ~~~),. /~~
NOTARY PUBLIC
My Commission Expires:
Type or Print Name
Commission No.
POA.IND
Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 1237 HIGHVIEW RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-1870
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 12420 Page: 1815 Sale Date: Mar-2001
Lfi!gal[)fi!scription: RIDGE GROVE ADD NO 1 LTS 187 a. 188
Owner Information
Name: CORZO ARMANDO
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Mailing Address: 1237 HIGHVIEW RD
LANTANA FL 33462 5911
Sales Information
Sales Date Book/Page
Price salfi! Type
Owner
Mar-2001 12420/1815
Aug-2000
Apr-2000
1201;4/662
117401994
$80,000 WARRANTY DEED CORZO ARMANDO
$33,000 WARRANTY DEED CORZO MIGUEL 0
$100 CERT OF TITLE NORWEST BK MINNESOTA TR
Exemptions
Regular Homestead $25,000
Total: $25,000
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2004 2003 2002
57,34 52,21 ;47,17
19,93. 17,92 14,00
77,27. 70,13 61,17
Tax Year 2004
Number of Units: 1
*Total Square Feet: 917
Descri ptio n: RESIDENTIAL
* in residential propertÏe8 may indialte living arell.
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ssesse an axa e a ues
Tax Year: 2004 200~ 2ØO~
Assessed Value: $63,83 62,64 $61,17 /.~
Exemption Amount: $25,00 25,00 $25,00
Taxable Value: $38,83 37,64 536.17
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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Record Search I Information I Exemptions I Community I Employment I New H,om¡!E!uyer I Office Locatiofls
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