R06-025
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1 RESOLUTION NO. R06-0a$
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 BERNARD NAEKEL;
9 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 804 Bamboo Lane, Delray Beach, Florida
14 (Unincorporated Palm Beach County); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in unincorporated Palm Beach County; and
17 WHEREAS, a water distribution main exists in the vicinity for the service to this
18 parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
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.
26
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 Bernard Naekel, which Agreement is attached hereto as Exhibit "A".
S:\CA \RESO\Agreements\Water Service\Naekel Water Service Agmt.doc
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Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of JaoLtdr1 ,2006.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
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S:\CA \RESO\Agreements\Water Service\Naekel Water Service Agmt.doc
Office of the City C'er~
City of Boy~ton Beach
P. O. Box 310
Boynton Beach, Florida 33425
1111.111111111.....111
?,~- /',CI'1
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CFN 20060046256
OR BK 19839 PG 0348
RECORDED 01/24/2006 14:56:40
Pal. Beach County, Florida
Shar'on R. Bock, CLERK & COIlPTROLLER
Pgs 0348 - 356, 19p9sl
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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ROfo-oa5
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
'11-
THISAGREEMENTmadeonthis~dayof .Ja nvQr 200~,byandbetween
F)-€...I(" 1'\ CU'ct . N Cl...:e.. ke.\ hereinafter call d 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 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 consideratinn of the privilege of receiving v:ater 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 --.f!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 instaIJation in conformance with all codes, rules and regulations
1
applicable to the installation and maintenance of water service lines upon the Customer's premises.
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 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 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 I 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
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 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 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.
IN WITNESS WHEREOF, the parties hereto have set their bands and seals this -11L day of
'J)Pf .p rY( h",,'/ ,200S.
WITNESS:
'J~~ Uk
Witness Signature
\Je !"})o- VVl ; I )e r
Printed Witness Name
&wfJ~
Witness Signature' ,
~~Les~~
INDIVIDUAL(S) AS O~S):
~~Lx
' Owner ~lgnariife
b~(" '(""\ G-\f'~ to. O""-Q....\:..~
Printed Owner Name
3
Witness Signature
Owner Signature
Printed Witness Name
b-e..("(\o.fJ., NQ.€-K.J
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.):he County aforesaid to take acknowledgments, personally appeared
J2u}) f\Q let tv a f' ~ to me known to be the
person(s) described 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
folJowing proof of identification: .F l :0 ~
WITNES S my hand and official seal in the County and State last aforesaid this II; day of
:De.C'l"ffi h-e{ ,2002.
(Notary Seal)
4) VALORIE MeAlS
: ,MY COMMISSION' 00 346198
\. ..: EXPIRES, September 17. 2008
i,. BondIctllltuNOIllryPubliclJnclerwrbrs
Notary Public
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City Clerk
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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, persona1Jy appeared
/<t,r-+ g(eJ.fher; CiIyMil/I"jf(Mftyer and J"1Ad-i+t.II. f'~Ie..... beP~'!city Clerk
respectively, of the City named in the foregoing agreement and at t~ey severa1Jy 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.
WITNESS my hand and official seal in the County and State last aforesaid this ;XO -# day of
'~rl.l/cu V ,200?
(
(Notary Seal)
s:;..-N~-t'Lt:~ ~
Notary Public
{6""MMIH...AUII ... ,
SUSAN COLLINS :
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"-:/)'Cff\.d\J ......, ,Inc.
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1 Attorney
5
Palm Beach County Property Appraiser Property Search System
Page I of2
Property Information
Location Address: 804 BAMBOO LN
1~~mllil~l~tM&%ful?iii4)
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
I..e,gal DescriQllOn:
UNINCORPORATED
00-43-46-04-00-001-0190
19333 Page: 1677 Sale Date: Sep-2005
4-46-43, WLY 80.57 FT OF ELY 547.57 FT OF SLY 94.5 FT OF NLY
424.7 FT OF GOV LT 1 W OF FIND CNL & E OF SR 5 AS IN
Owner Information
Name: NAEKEL BERNARD
1"i',~~~Jiii~,,1
Mailing Address: PO BOX 178
COLD SPRING HARBOR NY 11724 0178
Sales Information
Sales Date Book/Page
Sep-2005 193.331167Z
Oct-1980 08444/1623
Price S;lle TYIU~ Owner
$735,000 WA RRANTY DEED NAEKEL BERNARD
$100 FI NAL JUDGMENT
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2Q9s
83 037
165 000
248 03
2004
7820
150 00
228 20
200;3
68 368
130 00
198 368
Tax Year 2005
Number of Units: 1
*Total Square Feet: 2015
UseCQc:le: 0100
Description: RESIDENTIAL
* In residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 200S 2004 2003
Assessed Value: $98 400 95 534 93 753 k,~'m,IM.'Illl,,1
Exemption Amount: $25 000 25 000 25 000
Taxable Value: $73 400 70 534 68 753
T VI
- ax a ues
Tax Year: ;lOOS 2004 2003 k~~
Ad Valorem: $1.187 $1 162 $1.344
Non Ad Valorem: $243 $191 U92 l'k'--'1iP.~'''''''d,..1
Total Tax: $1.430 !I: 1 353 !I: 1 536 !t~="'" _0, _o.n. .~o~.o.,
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t10rne I Links I Glossary I FAQ I Forms I Contad lis I PAFA
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http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=004346040000... 12/16/2005
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Joslas & Goren, P,A.
3099 East Commerclal Blvd.
Suite 200
Ft. Lauderdale, A. 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Pel! fYI Be.tlc),
I/We, 'S-€.r no....r~
N a...... '€...k ~ \ , 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 Shl?~1 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:
O!1- cf3.. %- t>4- 00 .cO/ - {)/9iJ
The powers and authority of my attorney, THE CITY OF BOYNTON B~ACH,
FLORIDA, shall commence and be in full force and effect on the r ~ day of
J),uem bet, 20D-S and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~
day o~1' -e m k .( ,in the year two thousand and Fi v'..L-- .
Sealed and delivered in the presence of
,
v~)~ \~,~
Witness Signature I
Ve ) 11)q y11 " J Ie -..{
~rinted Witness Name
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Owne igna~
~.e..rl\curc\ N~-eJc..e.\
Printed Owner Name
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Witness Signature
eo..ro lJ,fYl-o.-W J){ ~
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged befCj>re me this ,[, day
of :\)e..r€YYlA-e,l, 20tl5, by ~"(,I'\(H""d Na eKel and
, who are known to me or who have produced
_FL D L , as identific n and who did/did not take an oath.
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"~"~ VAl.ORlE MOATS
tWo;, i.\ MYCOI,tMISSION'OO346198
'.... EXPIRES: Seprember17. 2006
'1Jf.. . BondedTlwuNollIryPlblicl1nl:llrwrtl8rs
My Commission Expires:
POA.IND
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forte ;t{Ott+j
Type or Print Name
Commission No. ]) D3 1./ {" ( q e
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Location Map - 804 Bamboo Lane
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