R05-169
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RESOLUTION NO. R05- [fa q
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY
OF BOYNTON BEACH AND WILLIAM J. DWYER AND
DORIS E. DWYER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, located at 1056 Florence Road, Lake Worth, Florida (Hypoluxo
Ridge Lot 60); and
WHEREAS, the parcel covered by this agreement will include a single-family home
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located in the Hypoluxo Ridge project area; and
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WHEREAS, a water distribution main exists in the vicinity allowing for service to
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this parcel; and
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WHEREAS, no additional construction will be required by the City to serve this
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property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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.
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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 William J. Dwyer and Doris E. Dwyer, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Water Service\Dwyer Water Service Agreement.doc
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Section 3.
This Resolution shall become effective immediately upon passage.
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4 PASSED AND ADOPTED this L day of fuTOBEA.. ,2005.
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7 I CITY OF BOYNTON BEACH, FLORIDA
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24 Attest:
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S:\CA\RESO\Agreements\Water Service'Dwyer Water Service Agreement.doc
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Brm,S I~STRBM~Id11~p ARED BY:
J ames A. Cherof, Esquire W . ~ '-, i
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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CFN 200=,06E.9862
OR BK 19456 PG 0562
RECORDED 10/31 J 200~, 10 ~ 20 ~ 49
Pal. Beach CountYt Florida
Sharon R. BocktCLERK & COftPTROLLER
Pgs 0562 - 570~ (9pgs)
Res -lb'1
AGREEMENT FOR WATER SERVICE OUTSIDE
THE OTY LIMITS AND COVENANT FOR ANNEXATION
TIllS AGREEMENT made on this 1/ a:..day of (J ~ , 200~ by and between
LV; ll,-u v^- 3' ~e~ ~ DpY'", " J::;: 'i)uter hereinafter called the "Customer", and the OTY
OF BOYNTON BEAC , a mumcipal corporation of the State of Flonda, heremafter 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 4 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 confonnance 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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applicable to the installation and maintenance of water service lines upon the Customer's premises.
An 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 shan 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 PpweI:.Df 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 discmmection 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 runDing 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, Florid~ 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 circmnstances beyond the
City's reasonable control. -
11. The Customer hereby agrees to indemnify, defend and hold hannless 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.
--f1.
'wW?NESS WHEREOF, !he parties hereto have set their hands and seals this 3/J day of
TflAj vIi ' 200..(.
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<---Printed Witness Name / ,
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Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
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Owner Signature
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Printed Owner Name
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Owner Signature
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Printed Owner Name
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FOR INDIVIDUAL (S) NOT ARIZA TION:
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
Willitent J. Dw' ~r a k Po n oJ c. DiN.' ~r to me known to be the
person(s) des bed in and who executed the foreg ing 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: Fie ( :d 0" J), (, .
TESS my hand and official seal in lbe County and Slale last afuresaid this :r b #- day of
tlJ/;ST ,20OJ:
JI............................................ .
: SUSAN COL1.INS
i rI ComInI DOO2lle085
:. . Expne 31112008
i i~OFl\.~ landed lhnI (8001432-4 ^
: ~'''u Florida Notaty Assn., !
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(Notary Seal)
Notary Public
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~tnHt~
~BEACH,FLORIDA
Kurt Bressner, City Manager
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ATTEST:
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City, Clerk
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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
-FLtt.-t gee~c;()t'C. ,CityManagerand 'TaJle..r rJ'L ff2a;nilc~ ,CityOerk
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.
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WITNESS my hand and official seal in the County and State last aforesaid this 'I day of
OeM bu.. , 200~
(Notary Seal)
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Notary Public
Approved as to form:
1) C1:J (fL LUWOS
City Attorney
''''~}'' Barbara M. Madden
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Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 1056 FLORENCE RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-03-000-0600
Subdivision: HYPOLUXO RIDGE IN
Official Records Book: 02979 Page: 0785 Sale Date: Jan-1978
Legal Description: HYPOLUXO RIDGE L T 60
Owner Information
Name: DWYER WILLIAM J & DORIS E
~'~"'ibil
Mailing Address: 1056 FLORENCE RD
LAKE WORTH FL 33462 5339
Sales Information
Sales Date Book Page Price Sale T'lID" Owner
Jan-1978 02979 0785 $28,700 NO DATA FOUND
Jan-1976 02554 0626 $25,500 NO DATA FOUND
Jan-1973 02235 0556 $18,400 WARRANTY 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
2004 2003 2002 Tax Year 2004
59 325 53,891 48,690 Number of Units: 1
17086 15,360 12,000 *Total Square Feet: 987
76 411 69,251 60,690
Descri ption: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2004
Assessed Value: 46 814
Exemption Amount: 25 000
Taxable Value: 21 814
2003
45 941
25 000
20 941
2002
44 864
25 000
19 864
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Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2004
425
191
$616
2003
409
192
$601
2002
391
185
$576
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http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=004345090300... 12/14/2004
THIS INSTRUMENT PREPARED BY:
James A, Cherol, Esquire
3099 East Commercial Blvd.
Suile 200
FI. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~
lfiij) ~I~W\ I J).;,;yer ~ ]}Jil'\ 6. Dwyer , 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:
00 - L{ 3 - Lf~ -C/1- 0 3- (){)O - ()60 ()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 7,1}i'~ day of
-ltuS",d
Grantee.
---
, 20~ and the powers and authority shall be irrevocable by
IN )l:NESS WHEREOF. we have hereunto set our ~ands and seals the
day of . . J (fIt . in the year two thousand and f-, ve... .
Sealed and deUvered in the presence of
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Owner Signature
1Jo-rl.\' E ,J)u/~er
Printed Owner Name '
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Owner Signature-r -
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Printed Owner Name "
Witness Signature
Printed Witness Name
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COUNTY OF PALM BEACH )
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FOREGOING INSTRUMENT was acknowledged before me this SO day
~,-jt . 20~ by b) ;I/;/I~:[I ,PiA) VJ2 ( , ,and,
. who, are known to me of who have produced
. as identificaUon and who did/did nottake an oath.
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NOTARY PUBj..IC -1{- , '"
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Type or Print Name
Commissi6ri\No.
STATE OF FLORIDA
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SUSAN COLLINS :
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My Commission Expires:
POA.lND
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Location Map - 1056 Florence Rd