R06-064
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RESOLUTION NO. R06- OfO'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 ELVIA DIAZ ;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
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water and sewer service area, located at 1106 Highland Road, Lake Worth, Florida (Ridge
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Grove, Lots 42 and 43); and
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WHEREAS, the parcel covered by this agreement will include a single-family home
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located in the San Castle/Ridge Grove project area; and
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WHEREAS, a water distribution main has recently been completed on this street,
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vicinity, allowing for the service to this parcel; and
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WHEREAS, no additional construction will be required by the City to serve this
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property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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.
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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 Elvia
28 Diaz, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
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S:\CA\RESO\Agreements\Water Service\Diaz Water Service Agreement.doc
"
PASSED AND ADOPTED this ~ day of March, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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THl.~, INSTRUMENT PREPARED BY:
.Tan If, ( 'hcrof, Esquire
(;('1 !,llaol; Doody & Ezrol, P,A,
3099 East Commercial Blvd,
Suite 200
FL Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~a. day of _1JL.~ , 200~, by and between
t: IVI 0. ? j)IC,,(..... hereinafter called 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 ofthe 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 ofthe 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 t I g 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 conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
AU such lines shall be approved by the Director of Utilities and subject to inspection by the City
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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. AU 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 shaIl 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 ofthe 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 shaIl be subject to annexation at the option ofthe 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 initiaUy 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 shaU in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shaIl be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impainnent or termination in water service to be provided under this Agreement due to any
S:\CA\AGMTS\Waler Service\Water Service Agreement. Rev J,6-06,doc
2
prohihit ions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
uth' :j(!(l)cics having jurisdiction over such matters. Also, the City shall have no liability in the
c, Ulllhcre 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 rcasonable 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.
l2. 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA \AGMTS\Water Service\Water Service Agreement. Rev 1--6--06.doc
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATIO~ BEJ''YEEN THE CITY OF BOYNTON BEACH AND
EJ UICC i 1) 10.<- (INSERT NAME)
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-- IN WITNESS WHEREOF:', the parties hereto have set their hands and seals this ~ day of
JzbO ,200(,.
WITNESS:
z(;~~ 7YI1J-aif
~iY"1ess Signature
Va /Orl'e- !10C(/{3
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
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Owne~Si ture C?\Cf:) /
,. -i--/( y~ y,: 11'Z)
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S,) NOTARIZATION:
STATE OF fl~ )
() ) ss:
COUNTY OF 1M y)f ~)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afo~said, and';"\ in ~€E ,County aforesaid to take acknowledgments, personally appeared
& I V I 0.. I--' l Q ?- 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: FOL * 0OZ00 -~ 1'5- 5b-0"-lg - 0
..---- WITNESS my hand and official seal in the County and State last aforesaid this t;2 7~ay of
\--e~ ,200~.
~.,.rtt ~- Notary Public State of Florida
(Notary Seal) :'~~ CarolAMahoney
~~~ My Commission DD460414
~CIF ",d'" . Expires 0811012009
My Commission ex
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Notary Public
A(;REEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
t:.~ lv, c.. (), c\ .. (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida unicipal corporation
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Approved as to form:
~~cif.
/1..:,,>/. ty Attorney
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 ~ aforesaid to tak acknowlfdgplents, personally
appeared ~ , City Manager and f~
City Clerk respectively, of the City named in the foregoi 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 official seal in the County and State last aforesaid this 'J.;)-
vYlaA0.AL ,200--'f?
~b~ n\'
day of
(Notary Seal)
My commission expires:
~4I-Y ~
,'I:.)
NOlary Public Slate of Florida
Carol A Mahoney
My Commission 0D460414
Expires 0811012009
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev J .6--()6,doc
5
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Property Information
Location Address: 1106 HIGHLAND RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00.43-45-09.08-000-0420
Subdivision: RIDGE GROVE IN
Official Records Book: 09732 Page: 0184
LEUli!LP~scriQlion: RIDGE GROVE LTS 42 & 43
Sale Date: Apr-1997
Owner Information
Name: DIAZ ELVIA P
Mailing Address: 1106 HIG HLAND RD
LAKE WORTH FL 33462 611 2
Sales Information
Sales Date Book/Page
Apr-1997
Q97:l1L0184
Price Sale Tv~
$100 Q UIT CLAIM
Owner
Feb-1985
()44111I0116
$45,000 WA RRANTY DEED
Jun-1979
030~1/0419
$31,500 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:
2005
43,927
$33,689
77,616
Tax Year 2005
Number of Units: 1
*Total Square Feet: 974
Use CQde: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
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Tax Year: 2005 2004 2003
Assessed Value: $35,599 $34,562 $33,918 ~r&~1
Exemption Amount: $25,000 $25,000 $25,000
Taxable Value: $10,599 $9,562 $8,918
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005 2004 2003
$202 $187 174
$243 $191 192
$445 $378 366
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Structural Detail
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Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING I BUlLI)lNG 2 BUILDING J BULlHNG 4
Structural Element for Building 1
1. Exterior Wall 1
2. Year Built
3. Air Condition D esc.
4. Heat Type
5. Heat Fuel
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7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Extra Feature
Description
No Extra Feature Available
CB STUCCO
1947
NO HTG/AC
NONE
NONE
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N/A
GABLE/HIP
ROLLED COMP
WALL BO. / WOOD
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Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 400
2. UST UNFINISHED STORAGE 121
SFB SEMI FINISHED BASE 453
3. AREA
Total Square Footage: 974
Total Area Under Air: 853
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All Owner
Page 1 of 1
All 0\ .
teN Number
DIAZ ELVIA I'
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THIS INSTRUMENT PREPARED BY
James A Cherat, Esquire
Goren, Cherot, Doody and Ezrol, P A
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,
Elu; ~ .p. DiaL-.
, hereinafter "Grantee",
hereby make, constitute, and appoint TIIE 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 annexation by any available means. The real property which is
the subject of this power is described as follows:
PCN No.: OO-l/3- l{') - DC) - D 1- 000 - OCfd-O
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
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be in full force and effect on the 1/' day of
FLORIDA, shall commence and
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o
, 20~ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the OJ 7 'day of
f ~ ' in the year 20O-f.
Sealed and delivered in the presence of
~;// f/1aDff
W~t}lCss Signature
~(on''f1 )1 oa--f3
Print Name
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Print Name /
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Owner Si - lv:x:u
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Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
~. THE FOREGOING INSTRUMENT was acknowled&..ed before me this 8, 'M.. day of
, 200la, by (Sll)i~ f J))Cf"L and
, who are known to me or who have produced
.:FoL~ D?oJ -:J.I'5'"-Sb-(P<..{Q -0, as identification and who did/did not take an oath.
~~
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Notary Public Slate of Florida
Carol A Mahoney
My Commission 0D460414
Expires 0811012009
CaAJJ-t4~
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Type or Print Name
Commission No.
My Commission Expires:
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