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R05-127 1 RESOLUTION NO. R05- I ai 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 NELSON R. SANTOS AND 9 TERESA SANTOS; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 4700 White Feather Trail, Boynton Beach, Florida 14 (13-45-42, W. 160 Ft ofN 272.25 Ft ofNW ~ ofSE l;~ ofNW 1/4); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 which only potable water is available for connection at this time; and 17 WHEREAS, a water distribution main exists in the vicinity allowing for the service to 18 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 NELSON R. SANTOS and TERESA SANTOS, which Agreement is attached hereto as S:\CA\RESO\Agreements\Water Service\Santos Water Service Agreement.doc 1 i Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _~ day Of~, 2005. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attest: m.~ CITY OF BOYNTON BEACH, FLORIDA /.~FCi z::~~ ~ CommIssIoner Commissioner S:\CA\RESO\Agreements\Water Service\Santos Water Service Agreement.doc :)d!(;e 01 the City Clerk CHi of Boynton Beach 1'. O. Box 310 . fltwnton Reach Florida ,,3,342$ n'- , THIS INSTRUMENT PREPARED-BY: ' James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 : illl :; III 11111 :: III :111111 ili !'II; II !,Il Iqllll,' 1111 ,III' ! j 1 j: i r! ~ !. [ t ,i t , r! ; !! ~ i ': t i ',.! ' I . .,.. . 1< I' "}:~ ~?\ . ~ I I; \ ,...' '''. nl "",, It.. I,,' CF tl ::;:ii'i~;' ::11,?16:J("'U':\ cm B:K J :.1~::,e.':1 PC O.~ 1::::: RECDHDED :.:[ /1;'8/ 20QI~: W3: 4~) : 05 Palm Beac~ County, Florida Sharon R.. DOCK, CLERK .~ COI1PTIWLl.ER Pgs (~413 .. 420, \Elpgf:.l ~05 - ,;;'7 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION "r ______ , TillS AGREEMENl made on this ~ day of L ,200S , by and between J)e. ( ~c I\. (2. Sa...,+D~ ~ IP--re.SlL s::.~+{) s. hereinafter, alled 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: (Exlnbit A) 2. The Customer and the City hereby agree that there are 1d- 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 Utilitiesind 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 bave 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 rri~de 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 ofPahn 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 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 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. 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) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal orin 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 incOIporated 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 WITNESS WHEREOF, the parties hereto have set their hands and seals this /J f day of 0tA.Lf ' 200S~ WITNESS: ~~,~ ~a..",-",~ -C. f:-zi:'l (" ~ ~ C\.. Printed Witness Name YDMDUAL ) A: OWNER(S): x-VL~ Qwner Si nature L / c (ej "'- ~11 f{}.5 Printed Owner Name 3 ,~ ~(A,^-II\.O --s.. (~~ (' ~ j C-. . Tinted Witness Name '\ t)~-<-j FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) J./ ~ L)(; It j a.. S b l....-t 0 '5 Printed Owner Name 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afores'd and in the Cou..!l!Y aforesaid to take acknowledgments, personally appeared e L~ tV /2. \ ( -e r-e Je'Io.. S; 1'\10 J 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: PI (; n <<p..; lJ,L. . WITNESS my hand and official seal in the County and State last aforesaid this I J r day of J~lV , 2~ I - (Notary Se~ I II" e\ISAN'COll.i~"""~ . t8 ~DD0295085: ! ExpirM 3/112008 : E \~ ~ Bonded lIvu (800)432-4254 ~ :: ~"#/~~~\\'''' Florida Notary I',"'~" I.,,; ; ... ~ ...~ I' ~"..... ....e..e.".... ~ to I 1".0" _ ., ~SS: r 1 ,l ~'~ JiQ/~,~ P-~k -~ , \ I A (',,, C'- ,/"''-. ./ ------sf A TE OF FLORIDA ) ~~ ~'~J Notary Public CZ OF BOYNTON BEACH, FLORIDA ~~ Kurt Bressner, City Manager 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on tlris day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared I::u f t J) e. t'$ ''l''1? , City Manager and J <41, h, II I' 'i Jr . lie.<u "t;City Clerk respectively, of the City named in the foregoing agreement and that"they s'everany ac owledged 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. (M_ WITNESS my hand and official seal in the County and State last aforesaid tlris I ()' . day of f/ l{ d " '!;,T , 200S- (Notary Se~l\)II"'II, Barbara M. Madden ~~fi'-:. commission # DDl25274 g~,/' ~~t,~ Expires July 19.2006 ~%"'@::'$': Bonded Thru ..,,;:~ OH\~''''~ Atlantic Bonding Co.. IDe. 11"11\\' uh-'('~{.4'4- ji". Ih. ajl~~ Notary Public Approved as to form: ~IL City Attorney <6/4os- 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 _~I~I!~f!1.!~~~.;,~T'P'\ ,. Property Appraiser's PuMic Ac~e&~ Sy.,ten ~"'\,1~ ~l~:r ~! i. >~.,.." "',-..' ..... /"'" .". ~Z~i ~~ .."j ., ";... '. rj ~-. -. l;" I -:;0 - " 'Jt,;.,~o. , t, 1L ~""',:"'~,.,~ " , , Property Information Location Address: 4700 WHITE FEATHER TRL 1,~VJeII.~~.''',i;,.,,1 Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-13-00-000-3030 Subdivision: Official Records Book: 17981 Page: 1423 Sale Date: Dec-2004 LeQal Des~ription: 13-45-42, W 160 FT OF N 272.25FT OF NW 1/4 OF SE 1/4 OF NW 1/4 Owner Information Name: SANTOS NELSON R 11 ~j"'~:.d,AIL~raem;,,,,,,,,,,,,1 Mailing Address: 4700 WHITE FEATHER TRL BOYNTON BEACH FL 33436 1527 Sales Information Sales Date Book/Page Price Sal~~IyR~ Owner Dec-2004 1~~lL14~ $325,000 WARRANTY DEED SANTOS NELSON R 11 Nov-2004 1. 798_U 1421- $118,000 WARRANTY DEED AGERTON JACK 11 Oct-1998 !07Q~~~4. $115,000 WARRANTY DEED CECERE STEVEN C L""'<'ij",AIl~"~"j"",',1 [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2505 Acres: 1 U~~LCo.d.r:!.: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~..~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~'~----.I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Bgcor(L~earch I Information I Exemptions U::9mrl'l'dDl!Y I Employment I New Home Buyer I Qffice,I"Qcati~~ '{alue AJ!iustment BOjl!J! I SEve Our Homes I Senior Cornel I Disclaimer http://www.co.palm-beach.fl.us/papalaspxlweb/detail.jnfo.aspx?p _ entity=00424513000003... 7/1/2005 G'xJ,_~bl+ 4- THIS INSTRUMENT PREPARED BY: James A. Chero!, Esquire 3099 East Commercial Blvd. Suite 200 Fl. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PCL{vY\. tSev...c..l I@ /IIdsC''11 (2. So..lAfcl ~ .Terp~c..... ,S,..,V\.-f.Q"-. , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complet~~ a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00- Lf'2 - If$" -/3-00 - oCO- 3o.s0 The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the Isf- day of Jkl ~ 20 ~and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto s~t our hands and seals the JJ..L day of ':J ~ ' in the year two thousand and Fe V~. Sealed and delivered in the presence of . '-. Cl..- ~,tAJ4A/ 4~ Owner Signaturi / er c:J~ S:q Yl +oS ;(~o.."''''o.. -s.. ~ ~L: ~ prp:;, 10 Witness Signature ~ S~usJ F.729J Printed Witness Name ..J Printed Owner Name (~~C~~. Witness Signat . ^ 't:>~c,"""'c.. -So L-V.\fL:c!.. Printed Witness Name ~ 3.1('42- P~~I~IN:: ~~f ~e{JJ~ ~ fL,Sbtd ~ ~9: JJID S- Printed Owner Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) NG INST~UMENT was ac.kn~wledged before me this l.r !day of , 200..$, by Ne U oN f::'. <T Ie reJa Jla. i1. ~./ and , who are known to me or who have produced , as identification and who-ditWdid not take an oath. ~~ C~ .; NOTARYPUBUC,/r,~'/ ~ LV:IIV COLLI'Il/J Type or Print Name Commission No. My Commission Expires: f IUWi COi.UN8 "l i ,a ee....JDIl 111_ i : \i\ill} EllIlna",12CIOI : ~ ~~,r,;.' ~ "'" (800)432-42$4~ .~~."h,.,,,.................~,,~....lnc :