R06-003
1 RESOLUTION NO. R06- 00'3
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 MARLAINE JEAN
9 BAPTISTE; 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 1043 Oleander Road, Lake Worth, Florida (Hypoluxo
14 Ridge Add 2, Lot 42); 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 aJlowing for the service to this parcel; and
20 WHEREAS, no additional construction wil1 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
S:\CA\RESO\Agreements\Water Service\Baptiste Water Service Agreement.doc
II
1 Marlaine Jean Baptiste, 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 January, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
Attest:
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THlS INSTRUMENT PREPAREDB'Y:
James A. Cherof, Esquire
3099 East Connnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
1.-' 1 ,- -1
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AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY UMlTS AND COVENANT FOR AJ:'fNEXA TJON
f\\J~' (~,~ AG~~~~~io~,tbis /()~daY:r~~:t-,,&~~;~y~~~~
OF BOYNTON BEACH, a municipal corporation of the State of HOJida, hereinafter caned the
IICiti'.
WHEREAS, Customer owns real property outside of the JuriBdil:tior.allimits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of BOyrltOll B ~ach, Flo:cida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide wat er service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside ofits jurisdictional limits on annexation of the propelty to be serviced into the City at
the earliest practicable time.
.;~~
NOW THEREFORE, for and in consideration of the privi1eg'~ of receiving water 8i->JVice from
the Municipal Water System and the mutual covenants expressed herein, th,~ City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1.. The City agrees to provide Customer with wateT st~rvice from its MUnil:ipal Water
System to service the real property described as follows and whkh CUl~om~r represents is owned by
Customer: (Exhibit A)
1 \,,1' .
2. The Customer and the City hereby agree that there ure .!-J- Equivalent Residentlal
Connections which City shall service.
3. 'The Customer agrees to pay all costs and fues of engineering, material, labor,
installation and inspection of the facilities as required by th~ City of Boynton Belich Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responSIble for installation in confurmance with ull ccdes, rules and regulations
applicable to the installation and maintenance of water service lines upon the CustolIlf:r'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 tbat 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, 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 of local, regional, State or Federal agencies or
other agencies havingjurisdiction 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 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 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.
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.~ WTINESS WHEREOF, the parties hereto have set their hands and seals this 3 tJ day of
~~ , 200~
WITNESS:
~~~ rn p-atd
Witness Signature
Va..lon' e- 11 (Jo /0
Printed Witness Name
C &tiJu.;. ~JjjW.f1/Ir(
Witness Sign ure
~ .~jlf(r\l- ~()bermaIVl
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
'Xlv! tJf/? / C(1n€ 78
Owner Signature
#M?t*r tV e :.T&1-AJ ~1iJ?J1~TE
Printed Owner Name
3
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)
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in tbe State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
111 a Il J Cl i n,<, r ~ a /1 IS /.i n!- /:sf -( to me known to be the
person(s) described in and wbo exec~ted tbe foregoing instrument tbat he/sbe acknowledged before
me tbat he/sbe executed tbe same; tbat tbe individual was personally known to me or provided the
following proof of identification: r I ~ If ,d d... IJ 12 / v 'f /l':S /"-"/' {' t' /l -S e .
ut.:
WITNESS my hand and official seal in the County and State last aforesaid this 8 D day of
-11 ~/",~q,-- , 200~ /'"
(Notary Se~~~I,'~U'I'1 Barbara M. Madden
t!;~'--=-"r~ Co~on # DD125274
. ~-". i~::: ExpIIeS July 19, 2006
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11111I 1\" Atlantic Bondfng Co., Ine.
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Notary Public
WITNESS:
'z;;~;/-J JrJ~
~O~ON BEACH, FLORIDA
Ur!:: ssner, ~anager
ArrEST:
STATE OF FLORIDA )
~ '~Ju4~ -fl.!.)) twmllJ1
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 ap,d in. '. the Coun~ aforesaid to t~ a~kpowled~ts, p,ersonally ~ppeared
-K-Llf":.j !S1t'.55 ne r , CIty Manager and Jonet rY). Yrulf) I to , 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..
-1J" -, WITNESS my hand and official seal in the County and State last aforesaid this I OTV'--day of
,U/U.U~ ,2001P
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(Notary Seal)
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Notary Public 0'-
Approved as to form:
DOO cL 1 !~(!2Cl
City Attorney
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Notary Public State of Florida
Carol A Mahoney
My Commission 0D460414
Expires 0811012009
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5
Palm Beach County Property Appraiser Property Search System
Page 1 of2
Location Address: 1043 OLEANDER RD
,-*-"i"nt
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-14-000-0420
... -
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 16047 Page: 1546 Sale Date: Oct-2003
Legal Description: HYPOLUXO RIDGE ADD 2 LOT 42
Owner Information
Name: JEAN BAPTISTE MARLAINE
Mailing Address: 1043 OLEANDER RD
LAKE WORTH FL 33462 5945
Sales Information
Sales Date Book/Page Price Sale Type Owner
Oct-2003 16047/1546 $10 QUIT CLAIM JEAN BAPTISTE MARLAINE
Oct-1991 07015/0601 $75,000 WARRANTY DEED JEAN BAPTISTE MARLAINE &
Jun-1990 06474/0214 $100 QUIT CLAIM
Exemptions
Jtwros - Full Homestead Exempt: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
.use Code:
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1841
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
2003
91 402
25 000
66 402
~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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~j7
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 Paim DfJuct1
1!We;- (\\ a fl J a.. ; n -( J e a: n .6 ~" ~ ; s fe, 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:
OLJ - Y 3 - t.; :S~ -6 q-~ / Y - OC>()-O V.;l6
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
a;::
FLORIDA, shall commence and be in full force and effect on the (3 () day of
h r....,.-e-r,~ , 20~and the powers and authority shall be irrevocable by
Grantee.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the 3DCiL
day of 1'-1)~~'YYl-~t/'- ,in the year two thousand and f r' () e .
Sealed and delivered in the presence of
~eAnMk
Witness Signature
J0~(()n e- i~( aetfi-.
Printed Witness Name
{VI cL/~ / ctG-€ :/f?
Owner Signature
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tnu t> I a (n--eJ eC(n J.') a-JJ f; sfro
Printed Owner Name f
~, '0/be rr~ - e'}l) ber rnar;
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
of
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this \1~ C4.(fay
'Y1~~YY1jll"'l' 200,\, by l'vlt{t2J~i nf' (JL"d'h 6djJfl<:.f(' and
, who are known to me or who have produced
, as identification and who did/did not take an oath.
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.:-'~~;.r,y Pt!;.,'" ar ara M. Madden
f :7'Q"~~ cO~on # DD125274
:'~\~l~~ ExpIreS July 19,2006
~4'5j'f\()~':- !Jande<! Thru
",,,,,,, Atlantic Bonding Co., Inc.
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NOTARY PUBLIC
My Commission Expires:
POA..IND
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Commission No.
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Location Map - 1043 Oleander Rd
I