R05-200
1 RESOLUTION NO. R05-02 0 ()
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 KATHLEEN M. KING;
9 PROVIDING AN EFFECTIVE DATE.
10
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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 1094 Peak Road, Lake Worth, Florida (Ridge Grove
14 Add No.1, Lot 229); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 in San CastleIRidge 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:
2
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
2
Section 2.
The City Commission hereby authorizes and directs the City Manager
to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA\RESO\Agreements\Water Service\King Water Service Agreement.doc
1 Kathleen M. King, which Agreement is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of December, 2005.
Attest:
CITY OF BOYNTON BEACH, FLORIDA
Co
~
ISSlOner
S:\CA\RESO\Agreements\Water Service\King Water Service Agreement.doc
Office of tfll~! City Cler~
City of Boynton Beach
P. O. Bax 310
80ynton Beach, Floridll 33425
TillS INSTRUMENT PREPARED BY:
J ames A. Cherof, Esquire
3099 East Corrnnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IIIIII~IIIIIIIIIIIIIIII
':",1 D~f' C'
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t:Frlr ;:-2121121507 E.22Ql8
OR -aK 19663 PG 121172
*~~Jg)ED 1211312005 14:53:46
Pal. Beach County, Florida
Sharon R. BocktCLERK & CO"PTROLLER
Pgs 0172 - 180t (9pgs)
R05-d.OO
AGREEMENT FOR WATER SERVICE OUTSIDE
TIffi CITY LIMITS AND COVENANT FOR ANNEXATION
n
. I
TillS AGREEMENT made on this ~ day of /~A--, 200~ by and between
I< c...fWeeA M (L,~ hereinafter called the "Customer", and the OTY
OF BOYNTON BEACH, a nicipal corporation of the State of Flonda, heremafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional1imits 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.
y=:
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 tl 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.
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, Rorida, 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 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, Rorida, 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 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.
) ~SS WHEREOF, the parties hereto have set their hands and seals this ~ day of
J1 " , 200.5,.
Owner Signature
K4fh& iJ,J m. 1</~-:J
Printed Owner Name .
--::J'# AlE -r E. tlnN fc '- T
Printed Witness N e
.MNET~
f'\Notary Put*: - stale 01 fIoIIda
. ~eo.,.I""',__Jan2.'IIXI1
fI Commlalon # 00172306
.~., Bonded Iv NaIIonal Nokry Mn.
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Owner Signature-\.~
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Printed Owner Name
itness Signature
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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 and ip the County aforesaiQ to take acknowledgments, personally appeared
Kathlt->"'~ rn I Kf~ to me known to be the
person(s) described in and who executed the oregolllg mstrument 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: ?et\SoJa I LcJ fA1 rJou.l\J .
WITNESS my hand and official seal in the County and State last aforesaid this c~ Nd day of
NnlJe N1 BQ/L , 200..5
(Notary Seal)
Notary Public
~, J11~
~ON BEACH, FLORIDA
Kurt Bressner, City Manager
&u~ j!LM~(j
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
aforf"<;aid and in the Coun~ aforesaid to take acknmled~ents, personally ~ppeared
I ;t!J.d7~,,</ C/C , CIty Manager and .q fH,)l.-/ /',Ut/-/,U; 7" () , CIty Clerk
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.
4.1 WITNESS my hand and official seal in the County and State last aforesaid this y~ day of
_~-<-~ ,200S-
(Notary Seal) NO'l'.nY'PUBUC.~OFF10RlDA ~~/ /
~uw. Judith A. Pyle . . ~~
commission#DD421091 Not Public .. _._-
Expires: APR. 21, 2009
Bonded TIlTU Atlantic Bonding Co., Ine.
proved as to form:
5
Palm Beach County Property Appraiser Property Search System
Page 1 of2
Location Address: 1094 PEAK RD
~MaLw~l
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2290
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 12222 Page: 1181
Leaal Description: RIDGE GROVE ADD NO 1 LT 229
Sale Date: Dec-2000
Owner Information
Name: KING KATHLEEN M
~""'W;I
Mailing Address: 1094 PEAK RD
LAKE WORTH FL 33462 592 2
Sales Information
Sales Date Book/Page Price Sa~ Owner
Dec-2000 12222/1181 $45,000 WA RRANTY DEED KING KATHLEEN M
Sep-1995 08932/0701 $30,000 WA RRANTY DEED MCCLELLAN JOANNE
Apr-1995 08735/0155 $21,500 STATE DEED
Exemptions
I-",-~,,'I
Regular Homestead: $25,000
Year of Exemption: 2006
Total: $25,000
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2005 2004 2003
54.959 49.336 44.362
23.323 12.815 11.520
78.28 62,151 55,882
Tax Year 2005
Number of Units: 1
*Total Square Feet: 972
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: 44 217
Exemption Amount: 25 00
Taxable Value: 19 217
2003
42 129
2500
17 129
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005 2004 2003
366 350 335
243 191 192
609 541 527
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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 ~cA.
I/We, r(atbJ ~ e" 1m. tG ~ ' 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:
OC)'-43 -- 4.') -C/}' -c'i - 000 - ZZYC'
The powers and authority of my attorney, THE CITV OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~ f\ ~ day of
/00'0 e..~\ , 20 DS and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
day of J1)" V-t..nt~ ' in the year two thousand and a.vs .
Sealed and delivered in the presence of
~,d
~~/Yl YYl
Owner Signature
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m. K,1I.1J
itness Signature
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Kc...-fh L-e Q rJ
Printed Owner Name
Witness Sign ture
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Printed Witness Name
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Witness Signature
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Printed Witness Name
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Owner Signature ~
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Printed Owner Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was day
of N ~, 20.as: by and
~ ' who are known to me or have produced
1J., .~ ) · as identification and who did/did not take an oath.
NOT
My Commission Expires:
POA.IND
Type or Print Name
Commission No.
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Location Map - 1 094 Peak Rd (t 'f'i
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