R05-168
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I! I RESOLUTION NO. R05-ICoB
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 CHARLES PHILLIPPE;
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 7804 Terrace Road, Lake Worth, Florida (Tropical
14 Terrace Lt. 120); and
15 \VHEREAS, 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 C01\IMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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 Charles Phillippe, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO'Agreements\Water Service\Phillippe Water Service Agreement.doc
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this L day of DC-ToBER. ,2005.
Attest:
CITY OF BOYNTON BEACH, FLORIDA
.--")
S:\CA\RESO'Agreements\Water Service\Phi\\ippe Water Service Agreement.doc
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TIDS INSTRUMENT PREP ARHDiiaY; ..
James A. Cherof, Esquire
3099 East Commercial Blvd. '.'("1 _~.
Suite 200
Ft. Lauderdale, FL 33308
'II~III~IIUIIIIIIIIIIIII
.T ~"E,\CflcFN 200.=,0E.E.9861
"f'rce:: ORBK 194,5E. PG 0'=153
RECORDED 10/31/2005 10~20~49
"-~ r: :-:- J Palm Beach CourJty~ Flor'ida
Sharon R. Bock~CLERK & COI'tPTROLLER
Pgs 0553 - 561; (9pgs)
R05-lbe
AGREEMENT FOR WATER SERVICE OUTSIDE
mE CITY LIWTS AND COVENANT FOR ANNEXA nON
. TIDS AGREEMENT made on this I () l'~ay of () e ~ db ~ Ie.. , 200 ~- , by and between
C h 0, R.J, <. fJ h , I, '" E'. e hereinafter caD,,!! the "Olstomer", and the on
OF BOYNTON BEACH, ~ fnUnicipal 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 provid~: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 TIIEREFORE, for and in consideration of the privilege of receiving water service from
tbe Municipal Water System and the mntual 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 ptopertydescrihed as follows and which Olstomerrepresents is owned by
Customer: (Exhibit A)
7-. The Olstomer and the City hereby agree that there 'l!"e I. Ii' Equivalent Residential
Connections which City shaD service.
3. The Olstomer agrees to pay aD costs and fees of engineering, material, labor,
installation and inspection of the fuciIities as required by the City of Boynton Beach Code of
Otdinances or Land Development regulations to provide service t" the Olstomer's premises. The
Customer shall be responsible for installation m confonnance will> aD codes, rules and regulations
applicable '0 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 whicb 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. 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 tbat it shall
cooperate with tbe City and not raise opposition or challenge to such annexation. if and when
annexation is initiated. The property shall be subject to annexatic>;~ 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 an 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
~he 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.
't
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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. 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
prorubitions, 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 Conunission, 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 oonnectiAp 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.
. a<.
~. IN WITNESS WHEREOF,_the parties hereto have set their hands and seals this ~ day of
<p-J ~-~.~L ,200...2.
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Printed Witness Name
INDJVI9... ..l u~. (S) AS ?WNER(S):
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Owner Signa re
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Printed Owner 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 P AIM BEACH)
, :'r.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
oyesaid .~and in/the. ,County aforesaid to take acknowledgments, personally appeared
, 4,..Le.4- j..... - to me known to be the
person(s) described in and W 0 executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that ~he inqividual as personally own to me or provided the
/'" ., '
following proof of identification: '~<... <
cA::'
\Y Wl}NESS my hand and o~cial seal in the County and State last aforesaid this I:l. day of
0(., (.tTYL.-!t''''- , 200~ "
(Notary Sea~J~~~'.'~t'", Barbara M. Madden
: ~/~.-:-.;.~~ Commission # DDl25274
~0.\.. . j~g Expires July 19, 2006
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II,,,,,,,, AtlantiC BondingCo.,Inc.
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Notary Public
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,,' II/k'dd
. O~EACH'FLORIDA
Kurt Bressner, City Manager
c~ r7WL~
STATE OF FLORIDA )
"
C,T'~-' AT"1-0Ki'iEY
) ss:
COUNfY OF PALM BEACH)
1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid ~d in the County aforesaid to take acknowleilgments, personally appeared
K l.l et- eessn t L , City Manager and Jail f f. f11_ f ~4. i 11,' +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.
WITNESS my hand and official seal in the County and State last aforesaid this I,l)f:; day of
O~ , 200~
(Notary Seal)
~A~~
Notary Public
1Smct
City Attorney
~
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~~~.:~Y ~?~',,_ ,~ c, D~r~ M. Madden
~li. \~y.om~sslon if DD12S274
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5
Palm Beach County Property Appraiser Property Search System
Page 1 0[2
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Property Information
Location Address: 7804 TERRACE RD
1*"i0~~"-I\~illd,.~1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-1200
Subdivision: TROPICAL TERRACE IN
Official Records Book: 17688 Page: 306 Sale Date: Oct-2004
Legal Description: TROPICAL TERRACE LT 120
Owner Information
Name: PHILLIPPE CHARLES
l+%d~rs,
Mailing Address: 7804 TERRACE RD
LAKE WORTH FL 33462 6146
Sales Information
Sales Date Book/Page
Price Sale ~~
Owner
1'~'i""AIlSllel4..;";cliil
Oct-2004 17688/306 $124,000 WA RRANTY DEED PHILLIPPE CHARLES
NoY-1993 07990/0978 $56,500 WA RRANTY DEED STANLEY KENNETH L &.
NoY-1989 06259/1143 $100 WA RRANTY DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
2004
76 411
15663
92 074
2003
68 494
14 080
82 574
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1470
Description: RESIDENTIAL
* in residential properties may indicate living area.
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ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $113,774 $92,074 $82.574 L$truaJJJ".eJ~
Exemption Amount: $0 $0 $0
Taxable Value: $113,774 $92,074 $82,574
Tax Values
Tax Year: 2004
Ad Valorem: 1 796
Non Ad Valorem: 191
Total Tax: 2 419 1 987 1 806
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Record Search I Information I Exemptions ISommut1iJY I trnJ;Jloyrnent I New Home Buyer I Offic!" Locatio~
Value Adjustment Board I ~qY.Q..OIJLHome5 I Senior CQrnc( I Ql~claimer
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451 007000... 9/13/2005
THIS INSTRUMENT PREPARED BY:
James A. Chewl. Esquire
3099 East Commercial Blvd.
Suile 200
Fl. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF t I/Yj D ~'a c h
'1("
!/We,
{' A P/2 (.-("::>
p7 .
(j /;. /;'~~ e
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, 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
DO-tj-3- 45- /0 ~o7 _'bOO - /;200
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
, (,I(
FLORIDA, shall commence and be in full force and effect on the /~ day of
J-_.~..l~t.-l , 200~- and the powers and authority shall be irrevocable by
f
Grantee.
~....
IN WITNESS WHEREOF, we have hereunto set our hands and seals the {.l-
day of ",\j1-1~~-rv~"- ) in the year two thousand and f,.' b ,(;.
Sealed and delivered in the presence of
y\~~t[k
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Witness Signature
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Printed Witness Name
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Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
Jss:
COUNT'( OF PALM BEACH )
cJ..
cIH~: FOR~GOING INS~RUMENT ~Cl9 aCk!,lOWI~ej:J b~~fore me this /.} day
of ~fU..LyJ.{A ) ..20 tJ~,. by C2-La-..L.-o , ~~ and
.-., ,., who are known to me or who have produced
fi4lAj/~ U/1,f./[f,'H A ~c ~-~'i.., as identification and who did/did not take an oath.
~.. -.t--t(.c-~~" A.,)'k ?<~4{~
NOTARY PUBLIC
"'~V~ft',, Barbara M. Madden
l~~~~Co~on # DD125274
_~', :~. Expues July 19. 2006
~p.I'-';;: c~$ Bonded Thru
"'I9,~I~~"" Atlantic Bonding Co.. Inc.
Type or Pril}t Name
Commission No.
My Commission Expires:
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LOCATION MAP- 7804 TERRACE RD
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