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R05-201 1 RESOLUTION NO. R05- 20 I 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 PETER M. LIPSKI AND 9 SUSAN E. LIPSKI; 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 1183 Ridge Road, Lake Worth, Florida (Ridge Grove 14 Lot 113 & E 12 of Lot 114); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in San Castle/Ridge Grove project which only potable water is available for connection at this 17 time; and 18 WHEREAS, a water distribution main has recently been completed on this street 19 allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Peter S:\CA\RESO\Agreements\Water Service\Lipski Water Service Agreement.doc 1 M. Lipski and Susan E. Lipski, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this L day of December, 2005. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Attest: 25 26 2 2 29 S:\CA\RESO\Agreements\Water Service\Lipski Water Service Agreement.doc Office of th~ City Cler~ City of 811;':;1011 L~ach f. O. ~; , 310 8oyntoil btdCII, Florida 334Zt THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IIIIII~IIIIIIII_IIIIII .r,'''.' ,-\ ;"~ j' '~(),J F.)[: AC:5=FN 200=:107.62206 ~ ;~~-(',..J'bR EN: 19E.E.3 PG 0161 '1.-: RECORDED 12/13/2005 14 :52:32 'il: ~I Palm Bpach CountYr Florida . '-i Sharon R. Bockr CLERK & COJtPTROLLER Pgs 0161 - 169~ (9pgs) RD5"-~Dl AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . TillS AGREIjMENT made on this ~ day of i/t:/1 ~ 200 S -;- by and between kk:J4 L.~. ; S "'-"A" E'. L:f3l:: , herein er called the "Customer", and the OTY OF BOYNTO BEACH, a municipa corporation of the State of Flonda, herem after called the "City". WHEREAS, Customer owns real property outside of the jurisdictionallirnits of tbe 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 jurisdictionallirnits 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 tbe 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 II Equivalent Residential Connections which City sball 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 tbe 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 ~d 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, FlOlida, 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. 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 orin connecti9n 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. If ~SS WHEREOF,the parties hereto have set their hands and seals this)r! day of ^ ~)venAber ,2005. WITNESS: CrwK ~ Witness Signature D JNDTVIDU~(S) AS OWNER(S): Li~ 'J11 ~' Owner SIgn re PE fE'/{ fY) J... ;p S' k /~ Printed Owner Name I ~ Co- OS;'l nlu. /it 07t f!.r-f Printed Witness Name I \ ~..J:M,.;,- ~, Ih: ~ Witness Signature 1St{ R- Pc< PC( Ih lYl 4.)j~Yo Printed Witness Name 3 C~~JviJ? rloJk" Witness Signature J:~ p i'~~ Owner Signa~re S~'J 5~.u G.- L L;'I s !(t Printed Owner Name l~O VL) I v/}lO~ k O1l eel Printed Witness Name ~~ii(,(..,t'- /J1. llA fLJJ4.1.", Witness Signature &Ji.&e<A. th, IhtLJ~-(n Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) S8: COUNTY OF PALM BEAcm I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afi e aid and in .the Count aforesaid to take ~cknowledgments, personally appeared e r '.L I a It. S".j',;iK. E. L l ,J' I' to me known to be the person(s) describe 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: F 10 (I'd t"-- .I). L . . WITNESS my hand and official seal in the County and State last aforesaid this a "'c.{ day of /V {1 ul e hA.he c , 200~ ,1111.1111.1. J HIU............................ . 8U8AN COUJNS : I _ CoIMIJDOO2HOll& i ! ~ EIlIliWI &#112008 ~ 5 jlJA Itonded "'" (100)432-4254: . /lOti: . : ",," FIorlda Notary Assn.. Inc : .. I... .... .................. ................1". ~?~~'- aP~'~. (Notary Seal) Notary Public ~s - 14 n1~d-/;;- ~::T~N BEACH, FLORIDA Kurt Bressner, City Manager QM~ fW~ STATE OF FLORIDA ) 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 in the County aforesaid to take cknowled nts, personally appeared /L.... , City Manager and · ~ , City Clerk spec - ely, of the City named in the foregoing a ement and tHat they severally acknowledged exec ting 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. ~TNESS my hand and of~dal seal in the County and State last aforesaid this '/.-b~~ ,20G;;. ,po . - - (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA . . // ~ Judith A. Pyle rpU CO~ssion # 00421091 Expires: APR. 21, 2009 Bonded Thru Atlantic BondioS Co" Ine:. proved as to form: ~dayof 5 Palm Beach County Property Appraiser Property Search System Page 1 of 1 _:m~;~r'~lfW'\" ! p,' niS' rppr..li&8f'S Public Acef:::" S'rS'erl 'V,,,,,,....J' .'.,., .' , r' . i' t" " ,. '''''1 ..... I;' r. . -,"" .. . ~ ' .~ ,'~ ,. t f.; lo. > ~ f'" r. . ~ ~ i ft.J". t I ~ t' ~ t I - . "~~:_IL'liI: 1"'l,."li"I' i I ~2~~t j;;;;ij:;u,lii~iii\~,' ': , t Property Information location Address: 1183 RIDGE RD ~!HP~ Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-1130 Subdivision: RIDGE GROVE IN Official Records Book: 03700 Page: 0697 Sale Date: Mar-1982 legal Description: RIDGE GROVE LT 113 a E 1/2 OF LT 114 Owner Information Name: LIPSKI PETER M a SUSAN E ~-",I Mailing Address: 1183 S RIDGE RD LAKE WORTH FL 33462 6139 Sales Information Sales Date Book/Page Mar-1982 03700/0697 Price Sale Type Owner $41,300 WARRANTY DEED Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 2005 2004 200~ ! 58,00 51.12 ;48.81 31,09 17.08 15.36 89,10 68.20 64.11 Tax Year 2005 Number of Units: 1 *Total Square Feet: 1150 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 20,05 2()04 2003 Assessed Value: 42,298 41.066 40.30 I.~ Exemption Amount: 25,000 25.000 25.00 Taxable Value: ! 17,298 16.068 15.30 T VI ax a ues Tax Year: 2005 20Q4 ~()~()3 ~ Ad Valorem: 33 313 29S Non Ad Valorem: 24 191 192 "'''''h'~;''''''''''i.1 Total Tax: 57 504 0491 ~~,<!!__-.-L. I 1.,.....- --- D-"I L>y"""",,,j~,, ob... I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browner to print the detail on one pege. Record Search I Information I EXemptions I Community I Employment I NewHomeBuyer I Office Locations Value Adjustment Board I Save Our Homes I Senior COrner I Qisclaimer Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA @ 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.uslpapaJaspx/web/detail jnfo.aspx?p _ entity=0043450908000... 11/2/2005 0J\; l,~A- 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 O?(f (M,'l Be ad -J.P.Ne, ~tf'r At CfJt::i tlo\J,. <..)VJth. E. L."f~t::" 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 ann~xation by any available means. The real property which is the subject of this power is described as follows: {I{J- ~?- lf5 - (f '1' ,- (}g --0 tJtJ. /1 '30 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~1,;.{ day of /J /we tv. tlt? r , 20Jlj' and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~~ day of tJ o(l( ~hhe r , in the year two thousand and -f-I ,,~. Sealed and delivered in the presence of (~/lftC r1iUL:nJ~y Witness Signature () Ccz /(D I nl (c 11\. C1k ~'-1 Printed Witness Name ~~.4--u.t,. j~. fh ~-Lrlvt.'- Witness Signature 6 u K. k 'i e /ii_ Yl1. r~, a d J f f1 Printed Witness Name (?~~. o Owner Signature fff.t~ In l'iP 9A? Printed Owner Name f ~ Witness Signature C' Ct If L/ I (Ylt> (;U./"r1 ~ Printed Witness Name Owner Signature J I.< 5 4~ E. L':f- V(; Printed Owner Name -; - ~ w~'-c-- Ii..., n/L ~_. Witness Signature ha e -h412~ I"", IYl t( dJ rY) Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this J",oL day of f\JcV(Yh..b~r" 20~ by Peter /11, L'p7JKI' and S USa. 1\ E. L(fsl~1 I who are known to me or who have produced PI () ("IdA- jj, L I as identification and who did/did not take an oath. --s:-,~/,-? O-A~C4e:~ ~ NOTARY PUBLIC r. ;1 l';J1 A I {~ J' ~ " " rr Iv _ V i.1. I /\/ . Type or Print Name Commiss;0n No. """MJT TII....,.......llJiU...........I.. : SUSAN COUJNS : S .~~ CommIII 0002I50e5 i : {~~, Expirwe 31112008 : : %,% ~i Bonded lhn.o (800)432-4254: : '"'....',:~~~\\..,~ Florida Notary Assn., Inc : .... ~.... II .............. ........... ..... ~ ~. ~: My Commission Expires: POAIND ... I 18&" ilGA" 1II83el 182Cl ~81Cl 1791 1780 177C 76Cl ~75Cl 174Cl 73C t72Cl 1710 1690 6. 1 in. = 119.1 feet b87Cl b86el D8 0821 0810 0791 0771 0760 P75el 0730 P72( 0710 D70( ~69Cl lJ6E ~ I I I I-II~UI ANn Rn , ~:r089G / 0910 0930 0950-, i/~O 0991 01Cl ~02( 1030 M1Cl 0420 1210 120( 1180 1160 1141 12( 1100 1 09Cl 1061 1050 --- 39Cl O~ ~-----RO '--- I ~Inr.;;~ : 1220 ~24Cl 1250 1261 1280 1300 1311 ,- 1360 ~ D16( 0170 - ~ i~ I 12 ~ ! 10- I~ ~Ii 1490 lJ15tl ~20 ~ 1550 1510 1390 15 0130 ~ L/ 3 I r------.."" I DEiUiii : mNEi ""- I : h....... 0010 0180 )02. 101 020 0010 .. 0020 0170 II - 0030 Z 0160 0090 m ~: U1 ,-t 0150 102' 101 0040 ~ Location Map - 1183 Ridge Rd ~ 'ril .., ."..'..~ . } r.rf1