R06-065
11111111 n IIIIIIIIIIIII H II
TIllS INSTRUMENT PREPARED 13Y~:,_ .
James A. Cheraf, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CF]\! 200E.01 e.=-. =-.92
,.PR BK 20123 PG 1942
. - ! ~~ ;'~ ClRECORI)EI) 03/29/2006 16 :59:85
.- ~'~ \:' ... Palm Beach CourJtYt Florida
Shsl"CtrJ R. Bock.. CLERK & COJJPTROLLER
1 1: ~ L~ Pgs 1942 - 19~t2t (11pgs)
KO~ ..~S"
AGREEMENT FOR WATER SERVICE OlJTSIDE
THE OTY LIMITS AND COVENANT FOR ANNEXA nON
TIllS AGREEMENT made on this ~ day of :rn~. , 200-'-, by and between
&; V\ A.JV\ I-w ?t 0 c'fi-l- c.evJ tJ} (C'f oS Gt Nt 0 if 0\ hereinaftercalletfthe nCustomertt, and the OTY
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 tbe City of
Boynton Beach, Florida; and
,. '.
WHEREAS, Customer has requested that the City of Boynton Beach, Rorida 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 consid'eration 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 ~ Equivalent Residential
Connections which City shall service. '
3. The Cusfomer agrees to pay all costs and fees of engineering, material, labor,
installation ~~ 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
Custom~r shall be responSlble for installation in, conformance with all codes, rules and regulations .
applicable to the installation and maintenance of water s~rvice lines upon the Customer's premises.
1
II
1 RESOLUTION NO. R06- ofa5
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 GUENTER GOERTZ AND
9 CARLOS CASANOVA; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1184 Alto Road, Lantana, Florida (Ridge Grove
15 Addition No.1, Lots 303 & 304); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 in San Castle/Ridge Grove project which only potable water is available for connection at this
18 time; and
19 WHEREAS, a water distribution main has recently been completed on this street
20 allowing for the service to this parcel; and
21 WHEREAS, no additional construction will be required by the City to serve this
22 property.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission hereby authorizes and directs the City Manager
29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA\RESO\Agreements\Water Service\Goertz Water Service Agreement.doc
II
2
Guenter Goertz and Carlos Casanova, which Agreement is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this AL day of March, 2006.
CITY OF BOYNTON BEACH, FLORIDA
1;rYr
tpor
//
/ ~ Issioner c.
/ dh/-L/~ L
conee. ~~
Commissioner
Attest:
~
S:\CA\RESO\Agreernents\Water Service\Goertz Water Service Agreernent.doc
THIS INSTRUMENT PREPARED BY:
] ames A. Cheraf, Esquire
3099 East Commercial Blvd.
Suit e 200
Ft. Lauderdale, FL 33308
K O~ - Ci->~
AGREEMENT FOR WATER SERVICE OUTSIDE
THE OTY UMlTS AND COVENANT FOR ANNEXATION
TIllS AGREEMENT made on this ~ day of .1IJ~. , 200~, by and between
~ VlA-v\ k-v c., () (VEi - t.~l)} (Of ~ Of.N1 01/ 0\ hereinaftercalledtbe "Customer", and the OTY.
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 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. 1be 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 --LX.- Equivalent Residential
Connections which City shall service.
3. The Cusfomer 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 reSponSlble for installation in conformance with all codes, rules and regulations.
applicable to the installation and maintenance of water s~rvice lines upon the Customer's premises.
1
All ~llch lines shall be approved by the Director of Utilities and subject to inspection by the City
FUi'lllcers. The City shall have the option of either requiring the Customer to perform the work
l1l't'Ssary 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 aQd rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accorrnnodate 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, florida, and the Customer and all subsequent
transferee, granIees, 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 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 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 connection with
post judgment collection) and costs rising out of or resulting from tbe 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
validupon 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 su~ect of this Agreement.
, IN WITNESS WHEREOF, the parties hereto have set their hands and seals this \ O+h day of
k>b",..Ul:('''{ , 200b..
~,
Witness Signature
,,)\\O-~ c: ~ \r~A c1)
~. Print :itne~ ~
,4 ~
ness Signature
!otJr~).J. It{ r&<clrur'L
Printed Witne Name .
INDTVIDUAL(S) AS OWNER(S):
f".. ";<.. C-t ~
Owner Signature
o <-1 M..-I ky0 0 ~ y f ~
Printed Owner Name
. . ,
c C1 y fo) C &1.1 O{A/I 0" eo,
3
/......"'......... .~
L:_____ -- .-.--- - --. "--~--
/~/W;!~;(-::<;S Signa re
~-----
(f tM..-, a-.' t/t &; " c or h
Printed Witness Name
FOR INDIVIDUAL (S) NOTARlZATION:
'TE>lAs.
STATE OFPLORJDA )
Fr: B~D ) ss~
COUNTY OF <PALM BE\CH)
rf
Signature
tM)it"';o j /)r
.
Printed Owner Name
, '.
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, personally appeared
G1\l~~\ ~ ..6.. ~~ ('n~,(V:J'v9- 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
following proof of identification: d\'\\A2.("~ ~ Y'I ~ ,
WITNESS my hand and official seal in the County and State last aforesaid this _~ day of
J"eb'tUnr\.1 ,200k
Al\\\11I11I""""""'l
~NE Ii ~~ofl
(Notary Seal) ~~.,..........~( ,
I li~~"\ ')!i!.
\ \:~ OF f.~/ .
'~~:;~I:;OO~,'~.
\ ~1IIIHHI,"11II1l~
&J. 0 lLif~ /k AfYI{(JIl{
STATE OF FLORIDA )
1:iZ:::'ON BEACH, FWRIDA
Kurt Bressner, City Manager
ATTEST:
.~
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, personally appeared
1{f-lrlll('e,S.5 OFf' ,City Manager and ~n ef Pra..i n /10 ., 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.
WITNESS my hand and offi cia] seal in the County and State last aforesaid this ~ ~ day of
~aktL " 2?Of. . . .
(Notary
.......
l~'" t~ VALORIE MOATS
:.~ MY COMMISSION /I DO 346198
. ..j? EXPIRES: September 17,2008
" .r,i..' Bonded Thru NDlary Public UI1de,...,~ars
I;;~J m htk
Notary Public
~=~
/Is. y Allomey
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5
Palm Beach County Property Appraiser Property Search System
Page 1 of2
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Property Information
Location Address: 1184 ALTO RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-3030
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 18099 Page: 488 Sale Date: Jan-2005
Legal Descrrn.tion: RIDGE GROVE ADD NO 1 LTS 303 II. 304
Owner Information
Name: BRENN BURTON E
~"~~I
Mailing Address: 4814 GATEWAY GARDENS DR
BOYNTON BEACH FL 33436 1425
Sales Information
Sales Date Book/Page Price S.1lllLIy~ Owner
lan-2005 1809~/0488 $125,000 WARRANTY DEED BRENN BURTON E
Oct-2004 17761/0625 $78,000 WARRANTY DEED MJ REALTY SOLUTIONS LLC
Jun-2002 13895/1217 $10 WARRANTY DEED KELLY JONATHAN
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use (:,gde: 0100
2003
$38 29
1664
5493
Tax Year 2005
Number of Units: 1
*Total Square Feet: 906
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: 81 09
Exemption Amount: $
Taxable Value: 81 09
~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
~
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Record Search I Information I Exemptions I Communi!y Il;rm>loyment I New Home Buyer I Qffice Locations
Value Adiustment Board I Sa~ Our Homes I Senior Comer I Disclaimer
http://www.co.palm-beach.fl.uslpapaJaspx/web/detail_info.aspx?p _ entity=OO43450909000... .2/24/2006 11
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Feb-14-06 04:34P Gue~te~ Goertz
561-748-0485
P.02
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NSTRI.>MENT "REPAP,:C 8" M~D RETURN '0.
Jonathan Cooper
ATLAI,TIS TiTlE COMPANY CF ?ALM 8EACH. i~;C,
9816 SOUTH MILITA~ TgAIL
BO'NTON BEACH, FL 33":lt
erN 20050721778
OR BK ~9573 PG 0440
RECORDED 11/23/2005 ~9,lb:10
Pal. B~BCh Co~nty, Florida
A~T 10.00 '
Doc Sta.p 21.70
Sharon R. Bock,CLERK & CONPTROLLER
Pg 0440~ (1pgJ
Property Apprais8f's oarcel Ide.otitt..:.:atior, ,:_Fol;o} Number:::;
00-43- 45-09-09.000-3030
Grantees 55 ~s:
~~.__SP"'CE AeO~':: THIS LINE FOfl: RECORDING D.41)'_~
THIS WARRANTY DEED. mad.. the 21st day of October. A.D. 2005 oy BURTON E, BRENN, A MARRIED
MAN, her&1n called the gr.otor, to GUENTER GOERTZ, A MARRIED MAN, and CARLOS CASANOVA. A
MARRIED MAN whose oost ofh:e address is 220 CANTERBURRY DR. WEST. PALM BEACH GARDENS, FL
33418. he"'I,,"~er CAlled The Grantees:
IW". I!IYlh u.e~ :'I"'6n. "Ie It-rrT"os ";tio.r:~t' <i"d ~g'.t'\I.." ,ncl'Hl..II Tr41 p.-1J.. :::::. rl'". fnet"tJm"r,t ilrtd lh" "olOifL ,ei:;:;' '4lF'.'."IIio',..a ....1 oi.:t91:Jr'31 ul
i~dt~ica...ls, .r,c: thll S\!t.:2t.!>H.l'S ';;'fl:
;n~ .)' f~I)'rC ~!.;;!r:a)
WIT N E SSE T H: That the grlll1tor, for and in consider.toon ot the .um of TEN "".D CO'1C'O'S 1$10.00) Dollars a,1d
o:he! valvable considerations. rec8;pt wrereof 1$ ~-areb~ acknOWledged, hereby grants, bargains, seils. al;ens, remises. re:eases,
con'",sys BnO ccnfirms unto the grar~se sit that certain land situate il1 PALM BEACH COUllt}', State ot Flcrida, VI%:
LOT 303, OF RIDGE GROVE ADDITION NO.1, ACCORDING TO THE PLAT THEREOF.
AS RECORDED IN PLAT BOOK 22, AT PAGE 43, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
Subject to eaaements, res1rlctlons and feservatlons of record and to taxes for the
year 2005 and thereafter.
THIS PROPERTY IS NOT NOW NOR EVER HkS BEEN THE HOMESTS~D
PROPERTY OF THE GRANTOR OR ANY MEMBER OF HIS FAMILY.
TOGETHER, wit, a'l the tanemel1"s. r"lereditamems and f1.Pc..ftenanC9s thereto beiQng;r,g or ir: anywls8 CiPwr:alning.
TO HAVE AND TO HOLD. "IP "0>"" ir: fBe .""ple ;Of~':~1
AND, :he grantor herE-by:-ovenants WIt" said grantees that tt'le grartor Is JawflJlly seized of said {anj in fee srrple; troll tt1& grantof
has good right and lawful autt':orlry to sell and :;:onlley sa:d !<ir,a. a"',d '1sreby warrants the tfUe ~o said \It_:''1d and will d&tend the
same agai!1st the Ia-.vful ciams of al persons whcmso8\l'sr; and that said land Is free of all encumbrances, except 'taxes acc:l.ltr.g
~ut:sequent to Dacember 31, 2005.
IN WITNESS WHEREOF, tl18 said gfan:or has $Ig~l>d and seaed lhese p......"'. the day~~"waf ro'St aoC',e writlan,
~-
ture d: ;-~--:----
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W'tness "1 P
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/"--""8UlftON E. BRENN
4814 GATEWAY 3ARDi:'NS DR.. BOYNTON B~AC h Fe 33436
-~ '
INltness
Wilne-ss ,;2 Printed Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was aCk."owle~d .Z?l' ']'e th,. 21st day of October. 2005 by BelF"":;!,; E. 8Ri:'NN ~hO IS
perscnaJJv Ic~own to me Of' hs.s prooL.ce~ c.f' V.. L I C_ as k:telltlttc:ltion.
SEAL _tZLuL. c'l~__&~Jfz <.:-k.--)
"lotsry Signature ._~'
r.l'I:y Commission ~xpire3-;
,,"'''><. Carol A. C009<=f
i~&"""~' lo<~ CO~N'SSIO" 00. '1!lI'~' r'J\.p~s
j'; ; , MOlch ~ 1COl
~~;'.P'::.;;.~fi !c.ltl;et:'~lllJ 7;0-' F~"IJ'fS();t..N'::'t. 'j.k
Prin~oo N::;'la~'I SignatU:A
I- "6 . ~'!>-~ I:!"
THIS 1N';r F<UMENT PREPARED BY,
JamE" ,\ Chernf, Esquire
309" i (;olllrnercial Blvd_
SUttf'
Ft l"c"i" .i.le, FI 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Pct~ 8 -c.. c4
I/We,
C~ C q J ~.Nt . V -t .,. h '" ~ ~(v 6. ~L.,.r'r~inafter "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:
()(() ~ c(-?J - tf5; - () 9 - oq - (Jot) --3030
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 10
day of
f-c bv"" 4I'l"',
20 0 ~ and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the mill
day of .teb,,~ ' in the year two thousand and Ob
Sealed and delivered in the presence of
'-:'
#^ t;.. /
Owner Signature
0t'1~ t-cv Cc.o ev f t
Printed Owner Name
Witness S, nature
c1o,- ~ (' LAD \ d n,,"U (to
Printed . ess Name
~B2~ A;}A(--/'t-
Printed Witness Name
(/t.;t(,;) ~ ~ rtfVOJc+
Printed Owner Name
(t~ ~.~ t,ot"d"~,
Printed Witness Name
IB<.AS
STATE OF FLORID,^' )
~ )ss:
r-U\<4 ~D
COUNTY OF PALM OCt,CH )
THE FOREGOING INSTRUMENT was acknowledged before me this ,~ day
of Febrv.a.'<'t ' 20-D..b., by buo..n1e, 8("D~ilis\ro (bsQ~and
, who are known to me or who have produced
clY\'Y01~ \\ (Qj\ ~ , as id n 'fication and who /did t take an oath.
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My Comm;ss~ E~#US-~~ro,./
POA INO ~"" l(:18..'t.~\\\*"
. '1/JI",,"I\l\"\~
Ty e or Print Name
Commissi~n No.
.--~=llRoWN1ID
1 in. = 78.4 feet
0020
0030 040
o 0050 0060 0070 0080 0090 0100 0110
110 3130 15 16
3170
3200 22 23 24 3250
>>
3000 2980 2960 2950
,90 51 52 2530
2560
60 61 2620 2640
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2460 f45 44
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2420
2380
2360
2340
2330
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1184 Alto Rd
Google Local - ] 184 Alto Rd, Lantana FL 33462
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3/2/2006