R05-094
\I I
1 RESOLUTION NO. R05- Oqt..{
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 CITY
8 OF BOYNTON BEACH AND MODESTO AND RACHEL
9 MALDONADO; PROVIDING AN EFFECTIVE DATE.
10
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12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1036 Florence Road, Lake Worth, Florida (Hypoluxo
14 Ridge Lot 62); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the Sand Castle/Ridge Grove project area; 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 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 City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Modesto and Rachel Maldonado, which Agreement is attached hereto as Exhibit "A".
, S:\CA\RESO\Agreements\Water Service\.l\.1aldonado Water Service Agreement.doc
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2 Section 3. This Resolution shall become effective immediately upon passage.
3 June..
4 PASSED AND ADOPTED this Æ- day of , 2005.
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7 CITY OF BOYNTON BEACH, FLORIDA
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24 Attest:
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S:\CA\RESO\Agreements\Water ServiceIMaldonado Water Service Agreement.doc
TIllS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
R05-D'ft.J
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
J::±AGREE~ . day of ,200_, by and between
rI\ fJ () ~ R . ~ 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 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 ~ 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 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
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 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 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
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.
/Jl WITNESS WHEREOF, the parties hereto have set their hands and seals this .ç- day of
ï ,200r
WITNESS: INDIVIDUAL(S) AS OWNER(S):
(ifj) :;( ,¿ .~ rI,C"..I)~~
Owner Signature
';]ú()/ï/i h. f'ttlL 0
Printed Witness Name Printed Owner Name
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Witness Signature
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J UJ'1f1\! Co L¿r N.J
Printed Witness Name
3
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Owner Signature
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Printed Witness Name Pnnt d Owner Name
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Witness Signature
...
0' i/f!1-N (0 [. L( /J J
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 I2the County aforesaid to take acknowledgments, personally appeared
fr\(., J fS+{j "t- c{( h el I'll 4:. (d Ct rJú(ID 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: r 10 IC ,j C<. cI /l " (/ l' K $ 1.1 r- 1"'/7 'S .~ S .
,
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fITNESS my hand and off!Çial seal in the County and State last aforesaid this Ó day of
J ¡ ú.t , 200 ~
,,'~V~:i'" £bara M. Madden -
(Not.;'" . Commission # DD125274 ~ Ä
~0.\ .l¿:€ Expires July 19,2006 Á..- '/h ú~tG-1.
.,,/,^;~ f\"~~ ~nded ,Tbru .
""11\1" Atlantic Bonding Co.. Inc. Notary Public
WITNESS: ~NBEACH' FLORIDA
Kurt Bressner, City Manager
STATE OF FLORIDA )
4
) 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 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 form:
[) (]S rL ~ f-zJOC
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A. Cherat, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ¡{¿ÚU t-edC)
ût1c! ~CiLh~
IM/e, }J odes~tlcJdl¥'Od'D , 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:
oò - i./ -3 -l¡'~-- 09- ð3 -600-òG,.JU
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
~ ' 20£ and the powers and authority shall be irrevocable by
Grantee.
- t..Á.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the -~
day of (hAI'- ' in the year two thousand and fr' u<.
Sealed and delivered in the presence of
~J~~
Owner Signature
¡::¡, ()V¿ é- JV( ð iey;;' J./IA rJ 10 I/l /'.L-j~
Printed Witness Name Printed Owner Name
<~~ ~ ~/
Witness Signature
~
J'vIlI-tV COLe INJ
Printed Witness Name
'~ i!Jtlht~~
Owner Signature
;::n.{ f) I T /i .4 ¡;:YlE ~I!he/ A ¡)aItloTJ~do
Printed Witness Name Pnnte Owner Name .
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Witness Signature
-
S' (/ Jif IV éOCLf/l! j'
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
-,~
THE FOREGOING INSTRUMENT was acknowledged before me this 1 day
of !h ti ') ,20t7-;-, by (Y7 vd f's t- D 'q- ~Ctc h -e J (ha lei a4<¡ä<:4 Ó and
, who are known to me or who have produced
1-:::; ç Ii (/ Á d.t2,''''' e ¡¿ s' L /r-f/Í~ as identification and who did/did not take an oath.
\11' ~ A. Ihtú¡¿~
~~~ Barb~~ M. Madden NOTARY PUBLIC
:;;t'~ :Comm1SSion # DD125274
;~:o::; i§ Expires July 19, 2006
""/'OFf"t;)~,~ Bonded Thru T P' t N
'",,,,,,,' Atlantic Bonding CO,.lnc. ype or nn ame
Commission No.
My Commission Expires:
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Property Information
Location Address: 1036 FLORENCE RD l...-øu..J
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-03-000-0620
Subdivision: HYPOLUXO RIDGE IN
Official Records Book: 11710 Page: 1875 Sale Date: Mar-2000
Legal Description: HYPOLUXO RIDGE LT 62
Owner Information
Name: MALDONADO MODESTO 1..Mr--"..-1
Mailing Address: 1036 FLORENCE RD
LAKE WORTH FL 33462 5339
Sales Information
Sales Date Book/Page Price Së)le.Type Owner
Mar-2000 11710/1875 $71,000 WARRANTY DEED MALDONADO MODESTO
Sep-1987 0543110682 $1,000 CERT OF TITLE
Jul-1982 0376()11057 $26,000 WARRANTY DEED
Exemptions
Regular Homestead $25,000 Year of Exemption: 2005
Total: $25,000
Appraisals
Tax Year: ,2004 2003 2002 Tax Year 2004
Improvement Value: $70,091 $63,751 57,645 Number of Units: 1
Land Value: $17.08E $15,360 12,000 *Total Square Feet: 1228
Total Market Value: $87,17' $79,111 69,645
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may inclicBte living area.
Assessed and Taxable Values
Tax Year: 2004 ~OQ3 200~
Assessed Value: $59.83 $58,71 57.341 ~
Exemption Amount: $25,00 $25,00 25.000
Taxable Value: $34,83 $33,71 32,341
Tax Values
Tax Year: 2004 2003 2002 ~
Ad Valorem: $675 659 636
Non Ad Valorem: $191 192 185 ~'"',"'~I
Total Tax: $870 851 821
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