R05-155
"
1 RESOLUTION NO. R05-155
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 DAVID CRUMP;
9 PROVIDING AN EFFECTIVE DATE.
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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 7927 Loomis Street, Lake Worth, Florida (Tropical
14 Terrace Lts. 144 & 145); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 in Tropical Terrace 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 David Crump, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\Crump Water Service Agreement.doc
II
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this .10 day of Sepn~J'n he,'- ,2005.
Attest:
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\Water Service\Crump Water Service Agreement.doc
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Tms INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
RC5 -155
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
. THIS AqRBEMENT made on this ~ day of ~, 200 S- , ~y and between
VG\.l)l~ ~-~p her~'Customer',andtheCITY
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 jurisdictional1imits 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 2. () 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.
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All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall bave the option of either requiring the Customer to perform the work
neccs~ary 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 acconnnodate the connections shall be
provided by the Customer to the City.
8. 1be 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 shan be subject to annexatio~ 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 connect~g to the City's water supply is sufficient to support the grant of
the powe( 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.
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9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. 1bis 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
prolnbitions, restrictions, limitations or requirements ofloca!, 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 temrination 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 connect~ 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.
~ WITNESS WHEREOF.._the parties hereto have set therrhands and seals this ~y of
tL c.{ 0 t( sr , 200~.
WITNESS:
o 1'//7.
..dtvJ at!, {i9/J:At \ I
Witness Signature
S'I/SlrN LOLL I rJf
Printed Witn s Name
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Witness Sign ture
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Printed WItness Name
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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 d in the County aforesaid to take acknowledgments, personally appeared
L'i (,-' j' d 2 {.( rn <) 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: j: I P (ltdA j) i2 r' t/ ( R ~ ' L i (- ~ ,~/s +.
I - (.lo;:
WIJNESS my hand and official seal in the County and State last aforesaid this ) (Jay of
lI.kfr (.( ;:> r , 200.:>.
(Notary Sea})
",,~y ?!/"" Barbara M. Madden
.' ,,\.'.......,'~-;. Commission # DD125274
~ Ii ~ ;'2 ~ Expires July 19 2006
~;-7)~~f Bonded ~
""';/~~f~~~'" Atlantic Bonding Co., inca
u/...tf,~<<~ A. /1LaU~
Notary Public
Z OF BOYNTON BEACH, FLORIDA
~if?u~ --?
Kurt Bressner, City Manager
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ATTEST:
~ 'In. ~
CIty Oerk
4
STATE OF FLORIDA
)
) ss:
COUNTY OF PALM BEACH)
J 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
k q tl + -c e<ss wi t'i? , City Manager and --r ((I f (- "" - f fCl. ; t'i :+0 , 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,
J'\
" WI1NESS my hand and official seal in the County and State last aforesaid this ..l (:; day of
\...) e. p t -( rn b t'R , 200__
(Notary Seal)
",\1"',// Barbara M Madden
" Iol'Y PIJ '... .
2'f;.~.-:--.;,~-:. Commission # DD125274
:: ::-. ~ ~ . = Expires July 19 2006
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-:....~;.-.;:: '<:J~i Bonded Thru
"',,9,\I\~\\" Atlantic BondiDg Co.. Inc.
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Notary Public
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Approved as to form:
~illJA <1 bdO~
City Attorney
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~~lm Beach County Property Appraiser Property Search System
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Property Information
location Address: 7927 LOOMIS ST
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Legal Description:
Owner Information
L L>YJ~'~it1!iL;ciY;il
UNINCORPORATED
00-43-45-10-07-000-1440
TROPICAL TERRACE IN
Page: Sale Date:
TROPICAL TERRACE L TS 144 & 145
Name: CRUMP DAVID
I~T'M~l'S"~,, I
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Mailing Address: 7927 LOOMIS ST
LAKE WORTH FL 33462 6121
Sales Information
Sales Date Book/Page
Jun-1994 .08307 L1676
Sep-1988 05818/0703
Ma~1985 04522/1013
Price Sale Typg Owner
$5,000 WA RRANTY DEED CRUMP DAVID
$100 Q un CLAIM
$24,000 REP DEED
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
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1398
Acres: 0.2296
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:
l~t~e.,1
~~Hdl
2.0.03
$876
232
1108
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THIS INSTRUMENT PREPARED BY:
James A. Cheral, Esquire
3099 East Commercial Blvd.
Suite 200
Fllauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF /0/ flI /:; -[''JIlCII
""t:.
I/We,
JJ ({ () /' cI C',Z (,{ f}'1 ,j2
, 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:
't
00 - V 3- V'S -- i () - 0 7 - {7 06 / Y Lj ()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
U"
FLORIDA, shall commence and be in full force and effect on the / 7 day of
A Uv usF 20 .tJ.) and the powers and authority shall be irrevocable by
Grantee.
to['-
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~~
day of
liuffu <::of
r
, in the year two thousand and f" l.> .{
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Sealed and delivered in the presence of
Lao" c-~11 >
Witness Signature
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Printed Witness Name
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Printed Witness Name
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Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
JSs:
COUNT'( OF PALM BEACH )
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THE FOREGOING INSTRUMENT was acknowledged before me this I) day
of l=tu3t s'j ,,20 iJ<;; by,.() Q.v ,d Lf2uflI p and
'. . . , who are known to me or who have produced
f- /o.c I cl~ jJ n. J \/ e K' S '1 I (<1 II~ jdentificationand who did/did not take an oath.
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NOTARY PUBLIC
"\~"'!'" Barbara M. Madden
" ....:.-.'! "'-(./ "
:~~Jt,,-;--;'~commission # DD125274
%( j~g Expires July 19; 2006
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'~",~j,~~",' Atlantic Bonding Co.. IDe.
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Commission No.
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Location Map - 7927 Loomis St
The City of
Boynton Beach
City Clerk's Office
100 E. Boymon Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
September 26, 2005
SHARON BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
PO BOX 4177
WEST PALM BEACH FL 33402
ATTENTION:
DAVID GILLESPIE
Dear Ms. Platt:
RE: ACCOUNT #1031 (9 PAGES = $78.60)
Please record the following documents as one (1) individual document:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND
COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL POWER OF ATTORNEY
R05-155, David Crump
PCN 00-43-45-10-07-000-1440
If you have any questions, please do not hesitate to contact me"
Very truly yours,
CITY OF BOYNTON BEACH
CC: Pete Mazzella
Sam Reep
Central File
PBC Recording Folder
S:\CC\WP\PBC recording\ 2005\Water Service\R05-155 - David Crump. doc
"An Equal Opportunity/Affirmative Action/ADA Employer"