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R06-004 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R06- 00'-1 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 NANCY E. FARRELL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1214 Peak Road, Lantana, Florida (Ridge Grove Add 14 No. I, Lot 245); 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 Nancy S:\CA\RESO\Agreements\Water Service\Farre11 Water Service Agreement.doc II 1 E. Farrell, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this ~ day of January, 2006. Attest: CITY OF BOYNTON BEACH, FLORIDA --- S:\CA\RESO\Agreements\Water Service\Farrell Water Service Agreement.doc ~ :1~m1~ijmrm~~~Wijm~lm~11 THIS INSTRUMENT PREPAREDI3Y: ' James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ""1 '-,' L "", r CF N~,~ !'I,J61'Z f2)~~b,.l'-/!3 01< !H: L':;i',HI :'f; 1;,)7:. RE:OIl DEE, ,,)1/ 1:: 001!6 t '5: Q~'" tE, Pal. BeHGh Co JIlt:y" Flori eta 5har,) n 1':. Boe <" CLEi~K & Clill1prROLLER Pg" 1"71 -, 107'1; l'lp'J"] 'T\I _ ~., '.1 ,~c-!~(",! ;"' ,:',,"'-1 i,-,' RcX:, -DO '-I AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND COVENANT FOR ANNEXATION rL I' ' ~I ^ . THIS AGREEMENT made on this i.i!...- day of ~/JU;l.a::l' " ' 200L_, ,~y and between IV .t,. ., '_ i r: h," it'll hefemafter c eel the Customer, and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the Cily 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 servi(;e 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 Jirnits 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 ..L.J 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 oJ 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 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 bave 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 Pahn 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 tennination 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 t ennin at ion 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 shaD 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. -XN WITNESS WHEREOF, the parties hereto have set their hands and seals t~nJ- day of ueCeM.bpr ,200,~ WITNESS: 7~1~ J /rJ ~l')tJ Witness Signature - L !rp rf 'G/{tllJ.ts Printed Witness Name lNDTVlDUAL(S) AS OWNER(S): )(~ E .~ Owner ignature x./U IYlJcy €, F II t:-~E~ Printed Owner Name t/l~Vi Witness Signature (\vol ~~ Printed Witness 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) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Cou ty aforesaid to take acknowledgments, personally appeared it J1 C, t::: Pa.. r to me known to be the person(s) escribed 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 / (; 'I 'd t).... j), L . WI1NESS my hand and official seal in the County and State last aforesaid this ~ 1>-~ day of 7J~ ( e I1Aber ,2005 (N of ary Seal),............................................. : SUSAN COlLINS : : _ CornrnID00295085: i - ~ ExpiIw 3/112008 ~ i. Bonded lhN (800)432-4254~ : ~,,= FIaricla NotaIy Assn., Inc : ~. ..... ...................... .............. I .. ~?~ ~:r Notary Public 7;;' l~<~/ mtflCtft ~OYNTON BEAOI, FLORIDA t~ urt Bressner, City Manager ~ CJ OlUf -8{u. ~lfilJfVlMt ATTEST: ~'m. · City Oerk 4 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 a~ in ~he Coun~ aforesaid to ta~ acknowled~ts, ,personally ~ppeared Kcu..t-D te;<;uA , CltyManager and Jo..~16-t In - -rrctCf) lto ,CltyClerk respectively, of the City named in the foregoing agr~ement 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. =Y ^ WITN~, my hand and ojficial seal in the County and State last aforesaid this 161t"--'dayof lA..C\ _' 200 J.p . - (Notary Seal) ~ 14-" ~M Notary Public a- Approved as to form: DiRniL City Attorney !~, ~ oFf,,;I Notary Public Stale of Florida Carol A Mahoney My CommISSion D0460414 Expires 08/1012009 t/ ~l~ -;,.-. 5 Palm Beach County Property Appraiser Property Search System Page 1 of 1 .~~.~11~~!~~G7;'F';~~ ~'"'"P'iiperfy AppraitHH1s Puhllc Access Systen IqA~~F"""",":/X}f"V ~ <0; 1'< ~ i ;-:<\y'~ ~ i""'c " ^ ^ 1" -':\Ir~!~~: ~ l~~i " : ~~~ i, '~ f: o~}'~ j ~$' ;~'~ ~'; ~+ r: IU ~> ' I ~~ l 7/ ~ ~~):A1~~V<<':,~r,~>{ '-iJ ""'~-"''''.,,'''''' c, ~= '" "'>> ~^ ~!-~2~~~w~~ ^,,"v_;(;.~ <~"""M">'U""'A"~ " Property Information Location Address: 1214 PEAK RD 1~~'4@Wjr~~';_~;l1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-2450 Subdivision: RIDGE GROVE ADD IIN Official Records Book: 06203 Page: 1531 LeQal Description: RIDGE GROVE ADD NO 1 LT 245 Sale Date: Sep-1989 Owner Information Name: FARRELL NANCY E 1,;i*~~1 Mailing Address: 1214 PEAK RD LAKE WORTH FL 33462 592 6 Sales Information Sales Date Book/Page Sep-1989 06203/1531 Price Sale Type $40,000 WA RRANTY DEED Owner Jan-1975 02482/1086 $22,300 WA RRANTY DEED Exemptions Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 2005 2004 2003 $7,516 44,97 43,108 $23,323 12,815 11,520 $30,839 57,787 54,628 Tax Year 2005 Number of Units: 1 *Total Square Feet: 1152 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2005 2004 2003 Assessed Value: $30,839 $37,329 36,633 I~~' Exemption Amount: US 000 $25,000 25 000 Taxable Value: $5 839 $12,329 11,633 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 2004 2003 ~ 111 ! 240 227 243 ~191 ~192 354 431 ~419 ~.f "nwintl~J 1!b14$J'ji#._+~1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I ~gIT!QJ:iQrl~ I Community I Employment I New Home SUEr I Qffice 1Qcations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I hif1J;~ I Glossary I EAQ I Forms I Contact Us I pAPA (!:) 2004 Palm Beach County Property Appraiser. E~U-lt http://www.co.palm-beach.f1.us/papal aspxlweb/ detail_info .aspx?p _ entity=004 34 5 0909000... 12/2/2005 THIS INSTRUMENT PREPARED BY James A. Cherol, Esquire 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF fe/~ tea c~ l/We, N.tlYlCY E. h rre( I . 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: ()O~ Lf3 - 'IS ~ 09-1)9'- cJ (}tJ--2~S" () The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the :x rvI day of -!:ere lvJ;er , 20 tJ> and the powers and authority shall be irrevocable by Grantee. ... . 1 in. = 74..7 feet 070 06 05 3030 02 3000 2980 2960 2490 ~ ..~, ''''''" '" 2530 2560 60 61 2620 80 2460 2420 2380 2360 2340 1870 1900 1920 1931 95 96 97 98 99 00 60 85 84 83 82 81 1791 1780 77 76 75 74 73 72 86 85 84 0821 0810 0791 0771 0760 75 0730 .ccr Location Map - 1214 Peak Rd