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R06-064 I' 1 2 3 4 5 6 7 8 9 10 11 12 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 13 water and sewer service area, located at 1106 Highland Road, Lake Worth, Florida (Ridge 14 Grove, Lots 42 and 43); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this 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 Elvia 28 Diaz, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 S:\CA\RESO\Agreements\Water Service\Diaz Water Service Agreement.doc " PASSED AND ADOPTED this ~ day of March, 2006. CITY OF BOYNTON BEACH, FLORIDA ^-r!<7~ fyor C;;j:LJ t:J ;;;:::oner. .- <: ~ Commissioner ~.~ U S:\CA\RESO\Agreements\Water Service\Diaz Water Service Agreement.doc JJ;I (yJ/, \.:::f'ct..> /) '-I 7 C~l 6[) ~~@~,RWI~\9) ~~~~ ells" f€\i 1obo~ VA![h' G~ Rt.\.~\\O~S C\jS1~IC}Ns R Dle - 0 ~'"IIIIII""IIII"I" III" 111111_11111111111101 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 (I) '"TI :::r r ~~ rn 5; :c?~ ::tJ S ~ ....::... ''T'l U.J I"',) (';I ~'J n- o :X:" (Jj 0 0 --' r-- '~,I m ~ ::l'J -l. ~;.~ ->. \';>0 0 0 ::fJ 0 OJ :r:- 0 ,-""" -0 0 --I ::X. ~JJ ~ 0 )::> r-- G] r'""' m m ~:u t,,) a ..-.\.. a I:::; :~ ~',J ~.l I',:~ (J )::> ---I rn C): (}) j~} :.Ji..":A ~;j 0 a 0') -l. ,~ ..-\. t"j ,~ ....... -",I -0 (0 iJ) -l. h) ~,I I',,) _..:1. t',.J OJ !:'.} ..r-'_\ --" t,,) ''0 (0 (J) ."-."" 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 3 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) '::) i"- -- 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): -t~~ 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 ~f)~ 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 ,}::':~:'J?~~:j-r;-~;>-~~~ ._ /_,,:.l:J ~i/; Kurt A TTEST:,.......c,> ,......~......,....,.. ~ ...........'....-.'".....', , ''',' , ," '.~""-.. ' ."- .. .. .. ',.. ,;:~ .. -.: >:,:"-,;>,'.. -~;!'> " - ~;.. - .." ...... < . oj- Xf1..,,-:)<~ C1t Cle \: ;,~}_::,;:r!';'~l*;~~;G^i>;' ~ ~_.~_A~_.,2('-':3<"'.- 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 ~~~~d%;$~JI 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. A d dT bl V I ,... ssesse an axa e a ues 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 1@~OIltlh;1 'illkiUhBidAA........_j6iiiil ~~I l~J lkiG;iW"t'ffiRrlntJ1%iliNiZiiNil 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 Exemptions I Community I Employment I New Home Buyer I OfficeJ",ocations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I GIO~5~ I 00 I Forms I Contact Us I PAPA <1'J 2004 Palm Beach County Property Appraiser. ~Y-h~b~f A http://www.co.pa1m-beach.fl.us/papa/aspx/web/detail_ info.aspx?p _ entity=0043450908000... 2/27/2006 Structural Detail Page 1 of 1 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 6. Bed Rooms 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 3 1 o N/A GABLE/HIP ROLLED COMP WALL BO. / WOOD N/A WOOD FINE/SOFT N/A 1 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 ~ddtt&~i,U Year Built Units Land line # 1. Description SFR Detailed Land Information Units 1 Zoning RM Acres o ~ Ota'l J ;";;""":<}':;':::~'~~":;'::' >. '. . . ....,_.,-).",,-,---:::>...,....,; \ ~I ''''tfi~., ~'- .0'" .-!<'- ': ,d,_.._ ':t!:t-0i'igr'";,%";,,,~;;@ l,~clid%\~1.~.1 Record Seag;b Ilnforllli!tioD I f.~I11PtioD.~ 1~~QrnmulJl.tt I Employment I New Home Buyer I Office Locations \f.alue Acljustrnent ~ar(j I Solve Our HQi]l~ I Senior Corn_~ I DiscJairn~ HQDlf I Links I c;iQssary I FAQ I Forms I Conf;9ct li.s I PAe/\ (c' 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papa/aspx/web/detail_inf02.aspx?p _ entity=004 345090800... 2/27/2006 All Owner Page 1 of 1 All 0\ . teN Number DIAZ ELVIA I' ~-~-~.--- "~ "J.45-09,08'000,0420 Owner Hiltn"" 1~~e.,~1 http://w\.lw.co.r1Ill.bcach.f1.us/papalaspx/web/allOwner.aspx?entity _id=00434509080000... 2/27/2006 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, Q~~ be in full force and effect on the 1/' day of FLORIDA, shall commence and M 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 ~~~ ::IU1l/ T jj A. ~L-t, Print Name / ~?J- Owner Si - lv:x:u '1 ~/{~ . .' (40 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. ~~ \~j Clp ,..fI' Notary Public Slate of Florida Carol A Mahoney My Commission 0D460414 Expires 0811012009 CaAJJ-t4~ ~. ARYPYBLIC (0\ H- VYto--tt01t ~ Type or Print Name Commission No. My Commission Expires: S:\CA\AGMTS\Water Service'power of atty. doc - 1-6-06 H:\I990\900 I 82,BB\AGMf\Power of Attorney-Ind I -30-06.doc ,'''m . VT . 1 in = 44,6 feet I I -HJGHIAN ~_.1 ___ 1 0420 44 45 46 0470 0481 04 >> 39 0370 0330 32 0 aRlOGER 0170 19 0200 0220 1106 Highland Rd Google Local - 1106 Highland Rd, Lake Worth, FL 33462 Page 1 of 1 Go ogle http://maps. google. com! 3/2/2006