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R06-082 , I 1 2 RESOLUTION NO. R06- 088. 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND 8 COVENANT FOR ANNEXATION BETWEEN THE 9 CITY OF BOYNTON BEACH AND CEDRICK AND 10 KATHERINE EDWARDS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property is located outside of the City Limits, but within our 15 water and sewer service area, for the property located at 1098 Seagrape Road, Lake Worth, 16 Florida (Hypoluxo Ridge Add 2, Lot 51); and 17 WHEREAS, the parcel covered by this agreement contains a single-family home, and 18 are located in the San Castle/Ridge Grove project area; and 19 WHEREAS, only potable water is available for connection to the property at this 20 time due to recent water main improvements constructed by Palm Beach County as part of a 21 neighborhood improvement project; 22 WHEREAS, a water distribution main has recently been completed on this street 23 allowing for service to this parcel; and 24 WHEREAS, no additional construction will be required by the City to serve this 25 property. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Manager is hereby authorized and directed to execute a Water S:\CA\RESOlAgreements\Water Service\Edwards Water Service Agr.doc " 1 Service Agreement between the City of Boynton Beach, Florida and Cedrick and Katherine 2 Edwards, said Agreement being attached hereto as Exhibit "A". 3 Section 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ISSI r ?JUt c.~ t- Gymmissioner ~t. ~1~ Commissioner ~ S:\CA\RESO\Agreements\Water Service\Edwards Water Service Agr.doc The City of ;Boynton Beach City Clerk's Office 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 April 25, 2006 SHARON BOCK CLERK & COMPTROLLER PALM BEACH COUNlY RECORDING/ABSTRACT PO BOX 4177 WEST PALM BEACH FL 33402 ATTENTION: DAVID GILLESPIE Dear Ms. Bock: RE: ACCOUNT #1031 (10 PAGES = $87.10) Please record the following documents as one (1) individual document: AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL POWER OF ATTORNEY R06-08;~Cedrick Edwards & Katherine Edwards PCN 00-43-45-09-14-000-0510 If you have any questions, please do not hesitate to contact me!. Very truly yours, cm OF BOYNTON BEACH .~ CC: Pete Mazzella Sam Reep Central File PBC Recording Folder 'An Equal Opportunity/Affirmative Action/ADA Employer' I:1ffice of the ,~jty Clerk City of Boynton Beach P. O. BGX :no 8Qynt~{~ ~each, Florida 334Z~ THIS INSTRUMENT PREPARED BY: lame:, A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 II~IIIIIIIIIIIIIIIIIII CFN 2006025'3364 OR BK 20281 PG 1500 RECORDED 05/03/2006 09:06:22 Pal. Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 1500 - 1509; (10pgs) ROb-oe~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of ,200 , by and between C)c.di'\J<- ~~ ~ kdkerU\...'f'-~t\.,dshereinafter 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 ~ 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 THIS INSTRUMENT PREPARED BY: Jame~ A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ROb-oe~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION c THIS AGREEMENT made on this day of , 200 , by and between CcJ(\d<... ~s.. ~ ~eill\..,'t>~d..shereinafter 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 of the jurisdictional limits ofthe 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 abilityto 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 ~ 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 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 ofthis 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) -6-06.doc 2 prohihitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or ot! 'u i:gtncies 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 I 1. 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 ofthe 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 ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1--6-06.doc 3 AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND . COVEN~:1? _R ANNE~TION B~T~ THE CITY OF BOYNTON BEACH AND ~ ldL Edwa.rds {f ~t\.e F..Ju.l'lYCk_JINSERT NAME) Il'f WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of JI\. Ov~ , 200~. ~~~~f Witness Signature . of/JA-tV COt,~1 AN' Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF 0()ricLa ) ) ss: COUNTY OF fJtL/1'f1 ~h ) INDIVIDUAL(S) AS OWNER(S): U/7.~ Owner Signature A L~ ~(IL' ~r .~ Pnnted Owner Name "t'\- 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 l.~rirl-{ +~fhe..~i)l\-e. UwlU"t;l.s 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: Pi.. D L WITNESS my hand and official seal in the County and State last aforesaid this P-D day of fY\a.r( ~k ,200k. (Notary Seal) l;"\-:;"~~. VALORlE MOATS . .. ;~ MY COMMISSION' DO 348198 2>1 EXPIRES: September 17, 2008 '. .... Bonded Thru Notary Public Undenoriters My Commission ex ~ 1r7~ Notary Public AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND Cedv-~c.k - ~J.J~ ~ ILcJk;uvL ~(INSERTNAME) CITY OF BOYNTON BEACH, FLORIDA a Florida unicipal corporation Kurt Bressner, City Manager Approved as to form: Q~~ A-~i Attorney - ST A TE 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 appearedXttr1 Bre..5SI)e.r ,CityManagerand dCUle,t praini+-o j 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 official seal in the County and State last aforesaid this ~ day of \Y) 0. (,~k ,200-.k. '- . cr~m~ Notary Public (Notary Seal) My commission expires: '''''''''' v 0 .i\it",~ AL AlE MOATS f./"Ih;.'; :*E MY COMMISSION # DD 346198 %:i~ci.~j EXPIRES: September 17, 2008 """,Cff.,~~",.. Bonded Thru Notary Public Underwriters S:\CA \AGMTS\Water Service\Water Service Agreement - Rev I -6-06.doc 5 THIS INSTRUMENT PREPARED BY: James A. Cherot. Esquire Goren, Cherat, Doody and Ezrol. P .A. 3099 East Commercial Blvd. Suite 200 FI. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Pnl1ft IJe4.fJ.-h u..... ,....,.k ; t(Ji-e,;I\f.~inaIler "Grnntee", '"> hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and IlWe, ~~ilJJ. 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 descnbed 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: PCNNo.: 00- '-13 -'"'15 - Oq -14-000-0510 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of J.l &4e:1 , 20 0 Ct.and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the W day of ~uk , in the year 20~ Sealed and delivered in the presence of ~~ubwrrrw. WitJil~s gnatug - C(!J)€J(~ - oberrro..~ Print Name 01gJ~ ~ ~tness Signature a(D l mClNf)c~ Print Name Cu/: ~~~ Owner Signature 0-.- Cj~,.~J.. L.~~~ Print Name itness Signature -:lU1l/TN.A- ~tLC-- Print Name ~~~J Witness S f/J/l-N C DL(A AJ.J' Print Name ~: , ;~ Print Name ? -d~~ / ~~ STATE OF FLORIDA ) ) SS: ) COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this A...a- day of J)14r(A 20~, by teJ..'f';(k +~tj,~ril'le. 6J.WIJ(,,'/~ and , who are known to me or who have produced , as identifiCatio~d;:;;;" an oath. ~Y PU!3LIC}1 10(' Ie..- o(){, f..s Type or Print Name Fl DJ- Commission No. My Commission Expires: S:\CA\AGMTS\Water Service'1>ower of aUy.doc - I -6-06 I~:.&~~~' VALORIE MOATS H:\I 990\9001 82.BB\AGMf\Power of Attomey-lnd 1-3~.do s*f 1;~ MY COMMISSION IDO 346198 ~~.....;'~$ EXPIRES: September 17. 2008 ',J]f.,f},," Bonded Thru Notary PltHlC Underwriters Palm Beach County Property Appraiser Property Search System Page 1 of2 _.~~::~!~i!l~tl;.~PfW:~1,89'r.'S P.l.lbilc Access System f~-/~:<f4I ~ ,)<~ ~ \ tj' ,,~:: >,,'- ~ r ;- :r t ~ , : r .>"'; t ~ ~ ~ '" " ~ JJWi ;::,,~-~ ~ " ~ Property Information Location Address: 1098 SEAGRAPE RD 1'%j@i~I"PAiiJ4!$:j' Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-14-000-0510 Subdivision: HYPOLUXO RIDGE ADD 2 IN Official Records Book: 09794 Page: 0038 ~Description: HYPOLUXO RIDGE ADD 2, LT 51 Sale Date: May-1997 Owner Information Name: EDWARDS CEDRICK L & KATHERINE Mailing Address: 1098 SEAGRAPE RD LAKE WORTH FL 33462 595 4 Sales Information Sales Date Book/Page Price ~!IJg~ Owner May-1997 09794/0038 $56,900 WA RRANTY DEED Sep-1996 Q95_1U0679 $100 WA RRANTY DEED Sep-1996 99432/1036 $91,000 C ERT OF TIT LE Exemptions Ifa~~sales;d""';.H I Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2005 Number of Units: 1 *Total Square Feet: 2079 !lse Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2005 2004 2003 80.83 78.48 77 019 25,00 25,00 250011 55.83 53.48 52 019 ~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ Ij%!T'4J."l!)AtAI!t#NiiJ" "'iil I&liil~seamm'ifl IMstAVimJteRa...:1 ~~~3kd&dJ;;;;1 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. R~S;Q[d Search I Information I ExemptiQD~ L.(;()ffiIJlJiI}!!:y I Employment I New Home Buyer I Office Locations Value Adiustment BQard I Save Our Homes I Senior Corner I Disclaimer Hom~ I Link.~ I G1Q~_qrjl I [~~ I f~rms I Contact Us I PAPA ~ivU 4- http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=004 3450914000... 3/20/2006 1 in. = 207.5 feet ~~ .".\i -- 070 0060 /' ... - -. 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Dn 0200 0190 0180 0170 0001 0100 0110 0120 nn 0060 0050 0040 lIlI30 3290 3310 3321 3331/1351 3360 Location Map - 1098 Seagrape Rd Rn 1070 0270 0180 ono OlrLO 0010 3380 MOl 3410 I~ 0620 "" r -/ ~ 090 0410 - r ....J 0430 D300 ,-----...., 02110 ~ .... l 8150 ~ 0140 :B E ...,..,. I:i'*ll( lflg 7 . ~ Google Local - 1098 Seagrape Road, Lake Worth, Florida Page I of 1 . GOOO...... .le .Local 0 ~:"C , c..;,................, 11 "', t , i ~,...".,,,'w =....~, http://maps.google.coml 4/612006