R06-078
II
1 RESOLUTION NO. R06-0 7 g
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
8 CITY OF BOYNTON BEACH AND ELIZABETH
9 MEEKER & PENNY CUNNINGHAM; PROVIDING AN
10 EFFECTIVE 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 1228 Ridge Road, Lake Worth, Florida (Ridge
15 Grove, Lot 124); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 located in the San Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 vicinity, 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
29 Elizabeth Meeker & Penny Cunningham, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water ServiceIMeeker Cunningham Water Service Agreement.doc
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PASSED AND ADOPTED this A day of April, 2006.
Attest:
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~_.-
~
Commissioner
(-~~
S:\CA \RESO\Agreements\Water Service\Meeker Cunningham Water Service Agreement.doc
Google Local- 1228 Ridge Road, Lake Worth, FL
Page 1 of 1
http://maps. goo gle.com/
3/15/2006
Uffice of the City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 3342i
THIS INSTRUMENT PREPARED BY:
lamc:o: A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
: :111 ~ 1111111111111111111111111111
: f) 0-
L.rN 20060224119
Uh ~K 20208 PG 1915
"~IJl\lJED 04/17/2006 13: 46: 05
~.iJallll ~ach County, Florida
~haron R. Bock,CLERK & COKPTROLLER
~gs 1915 - 1926; (12pgs)
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AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
< THIS AGREEME~T made on this -.1L day of A pR-I'- ,200 fa , by and between
(za.b ~ ef"lYl€' 4..11\ . '"",,-hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, am nicipal co oration 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 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.1..#- 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.
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
ncc,",.-;ary 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 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 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.
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 shall 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,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
2
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
3
IN WITNESS WHEREOF, we have q,ereunto set our hands and seals the ~ day of
, in the year 200lf
Sealed and delivered in the presence of
1~Y11~ti
W~r Signature
o y-j e.. f1 oat..s
Print Name
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STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
</ . THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of
I-e. bldVlA-Cj' 20 0 iP, by Q; 1t^- rx'tk ~ 0 ee if y- +- and
, who are known f~fo'tn~ "'0}' '!:tv'ho" ' have produced
"POl M.9 60 -;);;:> 1- foro-. ~~J;Qs identification and who did/did not take an oath.
FDL- C-s:5"2. -~7-'f7<~(<O &G:i.{2. H ~
N~ARYPu:aLIC
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Type or Print Name
~.,..,~~ Notary Public State of Florida
. ": Carol A Mahoney
\; 'rI My CommISSion D0460414
OF '" Expires 08/1012009
Commission No.
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My Commission Expires:
S:\CA\AGMTS\Water Service'tlower ofatly.doc - 1-6-06
H:\1990\900 182.BB\AGMT\Power of Attomey-Ind 1-30-06.doc
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
f(.l.C-~~rt. l1~ey- C.....fA. j?-."",,), C,'''''''''} t."".., (INSERT NAME)
.
CITY OF BOYNTON BEACH, FLORIDA
a Flori municipal corporation
Kurt Bressner, City Manager
ATTEST:
~fuJ.. Yn. {Ji.cu-..:U;/i}
C{~t'!flerk
Approved as to form:
~~ AltO~ey
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 acknowled~ent.s,. personally
appeared t~ ~ ,CityManagerand~ W1 -r~O ,
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.
f:) ~ _ WIJNESS my hand and official seal in the County and State last aforesaid this 1I-rJI.. day of
~ ,200je.
~
(Notary Seal)
My commission expires:
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Notary Public State of Florida
Carol A Mahoney
My Commission DD460414
ExpIreS Q811012OO9
-6-06.doc
5
S:\CA\AGMTS\
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 1228 RIDGE RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-1240
Subdivision: RIDGE GROVE IN
Official Records Book: 05778 Page: 1089 Sale Date: Aug-1988
Leg~IPescription: RIDGE GROVE LT 124
Owner Information
Name: MEEKER ELIZABETH A &.
Mailing Address: 1228 S RIDGE RD
LAKE WORTH FL 33462 6142
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Sales Information
Sales Date Book/Page
Aug-1988 05778/1089
May-1986 04885/14:3;1.
Price Sale Type Owner
$40,500 WARRANTY DEED
$5,000 QUIT CLAIM
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2005 2004 2003
44.786 39.491 37.157
20.991 11.533 10.368
· 65 777 51.024 47,525
Tax Year 2005
Number of Units: 1
*Total Square Feet: 936
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
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Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2003
122
192
314
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All Owner(s)
peN NumlJer:
00-43-45-09-08-000-1240
Owner Names
MEEKER ELIZABETH A &
MEEKER PENNY G
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MARRIAGE RECORD
FLORIDA
1. GROOM'S NAME (First. Middle, Last)
GORGETTE
2. DATE OF_BIRTH (Month, Day, )!Isr)
JAMES
WEST
DEC.U,1944
3a. RESIDENCE - CITY. TOWN, OR LOCATION
343 ANDERSON AVE
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Sa. BRIDE'S NAME (First. Middle, Last)
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6. DATE OF BIRTH (Month, Day, Year)
7a. RESIDENCE - CITY. TOWN, OR LOCATION
MEEKER
7b. COUNTY
JULY 11. 1947
LANTANA
PALM BEACH
WE THE APPLICANTS NAMED IN THIS CERTIFICATE. EACH FOR HIMSELF. STATE THAT THE INFORMATION PROVIDED ON THIS RECORD IS CORRECT TO THE BEST OF OUR
KNOWLEDGE AND BELIEF. THAT NO LEGAL OBJECTION TO THE MARRIAGE NOR THE ISSUANCE OF A LICENSE TO AUTHORIZE THE SAME IS KNOWN TO US AND HEREBY
APPLY FOR LICENSE TO MARRY.
9. M'S SIGNATURE (Sign f I name)
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FLORIDA
CLERK OF CIRCUIT COURT
20. COUNTY
PALM BEACH
25. DATE RETURNED
'0. CLERK OF COURT
INFORMATION BELOW WILL NOT APPEAR ON CERTIFICATION ISSUED BY VI L ST. ISTICS, EXCEPT UPON- EQUEST.
26. RACE 29. NUMBER OF THIS IF PREVIOUSLY 30. LAST MARRIAGE ENDED BY (SPECIFY OEArH, 1. DATE LAST MARRIAGE ENDED
MARRIAGE MARRIED OlVORCE OR ANNULMENT)
4 SPECIFY 30 .31 DIVORCE APRIL 4 1989
33. NUMBER ~F THIS IF PReviOUSLY 34. lAST MARRIAGE ENDED'BY (SPECIFY DEArH, 35. DATE LAST MARRIAGE ENDED
MARRIAG 'l MARRIED 'D'L'VORCE OIVORCEORANNULMENT) 119
4. SPECIFY 34-35 AUG. , 88
This license not valid unless seal of Clerk,
Circuit or County Court, appears thereon.
WHITE
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AUDIT CONTROL NO.
227753
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FEB ~ 4 2006
CUSTOMER RElATIQNS
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STATE OF flORIDA
COUNTY OF PALM BEACH
I I JOHN B. DUNKLE. CLERK OF lHECIRCUIT COURT. .
hereby certi,fy this copy.to lie a true and co~rect copy
of the Marriage Record of the within named parties as
it appears of record in my office,.
DATED at West Palm Beach ~ . Florida thiS 21th.
day of -..rlln--.e-;-T~ 9 0 .
JOHN B. DUNKL.E..
CLERK Of THE CIRCUIT COURT
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HRS Form 743, J
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THIS INSTRUMENT PREPARED BY:
James A. Cherat. Esquire
Goren, Cherat. Doody and Ezro!. P A
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
''1 .1
COUNTY OF /1, It" (';et",.l
G 1 'i"kY\.rtey CtUt~'A.,-~l,q/y\_
~e, cc... Lvyl!-- h~i~ ~L{ -U-. Kvj r rc , 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 descnl>ed 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.: LX) - 43 - l.J')- -oC} -03 - Ow - i .;;2'10
The powers and authority of my attorney, THE CITY OF BOYNTON. BEACH,
FLORIDA, shall commence and be in full force and effect on the 11 ~ day of
4--eJ) , 20 ~ and the powers and authority shall be irrevocable by Grantee.
.
. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXA ~N B~TWEEN THE <:ITY OF BOYNTON BEACH AND
61(~ctl r'^ Ler ~ ~rlyt~r (uwun.ss~o.W\. (INSERTNAME)
C '? ' IN ~ITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
r-t:-bC,-UA_A_; , 200~
WITNESS:
7~m~
Wjtpess Signature
y u~.lor; e- Jv( 0 a;/;..s
Printed Witness Name
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Witness Signature ~
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Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
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OwneJi . gnat-<<re .
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Printed Owner Nanle
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wner Si ature .
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Printed 0 er Nanle
FOR INDIVIDUAL(S) NOT ARIZA nON:
STATE OF
COUNTY OF
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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
LIZ.a Prnt"'l, (.e ICe or- +- to me known to be the person( s) described in and who
exectite t e oregoin nstrument that he/she acknowledged before me that he/she executed the
Sanle; that the individual was personally known to me or provided the following proof of
identification: POL rna 60 --;). d I - 0& - 1> 1...1 ~ - 0 .
FD L c.55''2..- 667 -1.(7 - 7S(-0
:-_ {>", WI!,NESS my hand and official seal in the County and State last aforesaid this 17 day of
f.J2....VWL(f' , 200~.
(Notary Seal)
My Commission expir
!~,
\;0,,.,;1
Notary Public State of Florida
Carol A Mahoney
My Commission 00460414
Expires 0811012009
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1220 '. 1250 1261 1280 1300 1
550
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1490
1228 Ridge Rd
MEMORANDUM
TO:
Pete Mazzella
FROM:
Janet Prainito, City Clerk
DATE:
April 25, 2006
RE:
Agreements for Water Service
004-43-45-09-08-000-1240
Attached please find a copy of the above-mentioned water service agreements that were
recorded in Palm Beach County on April 17, 2006 for your information and files.
Yn.~
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C: Sam Reep
Central