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R06-083 I I 1 RESOLUTION NO. R06- 08.3 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 MARIE SHIELDS.; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7756 Griswold Street, Lake Worth, Florida (Tropical 14 Terrace, Lot 75); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in Tropical Terrace in unincorporated Palm Beach County 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 28 Marie Shields, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 S:\CA\RESOlAgreements\Water Service\Shieldsl Water Service Agreement.doc II PASSED AND ADOPTED this ~ day of April, 2006. CITY OF BOYNTON BEACH, FLORIDA C SlOner 'J2A~ CDi-- 1::~SSioner . ,y:-~ Commissioner S:\CA\RESO\Agreements\Water Service\Shieldsl Water Service Agreement.doc I I The City of .Boynton Beach City Clerk's Office 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-031 0 (561) 742-6060 FAX: (561) 742-6090 April 25, 2006 SHARON BOCK CLERK & COMPTROLLER PALM BEACH COUNTY 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 R06-083 Maria Shields PCN 00-43-45-10-07-000-0750 If you have any questions, please do not hesitate to contact me... Very truly yours, CITY OF BOYNTON BEACH CC: Pete Mazzella Sam Reep Central File PBC Recording Folder 'An Equal Opportunity! Affirmative Action! ADA Employer' 02/25/2005 04:43 5517425305 CUST SERV PAGE 02 --' ,-.--- -~, -.- . ..___"'._........_Wlm---..'..-..-..............'......."'.......'.....'.. attic e :. Cir, i'lt~:j(,;, f:J:~~> ~,- !' ~ " ,I 1111111111111111111111 i\'ntofi V I. , '" " C_ t ,... '1/'. ......'.' ClllVi'" ,je.;jC,hl THIS lNSTRlJMENT PREPARED',BY:" Jam('.:' A. Cherof, Esquire Gun:n, Chcrof, Doody & Ezrol, P.A. 3099 ElIst Commercjlll Blvd. Suite 200 Ft. Lauderdale, FL 33308 , 1 ~ ..-,' , ' CFN 20060259359 OR BK 20281 PO 1460 RECORDED 85/03/2806 89:05:34 Pal. Beach County, Florida Sharon R. Bock, CLERK , COKPTROLLER Pgs 1460 - 1469; (10pgs) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION d f 200 by and between THIS AGRE~ENTrfle (n this ~ ay 0 hereinafter called the "cus~o~er", and the [{;.J1;; JB~YNTON B~1cH, a municipal corporation ofthe State of Florida, heremafter called the "City". h . . d' f 1 r 'ts of the City of WHEREAS, Customer owns real property outside of t e Juns Ie lOna lml Boynton Beach, Florida; and WHEREAS, Customer has requested that !he City of Boynton Beach, Florida provide water service to the property owned by Customer; and RC6-0e3 WHEREAS, the City ofBoynlon 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 practjcable 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: I, 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 M Equivalent Residential COWlections which City shaH 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 BO)TIton Beach Code of Ordina.nces 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 applica.ble to the installation and maintenance of water service Jines upon the Customer's premises. All such Jines shall be approved by the Director of Uti Jities and subject to inspection by the City 02/25/2005 04:43 5517425305 CUST SERIJ PAGE 02 _,..._.__w-- ._V"""-"- ...,.__.--.".-;-0..------"".....-.-...-..-..'.".....--..-.'""....... TH1S lNSTRUMENT PREPARED BY: Jamr:, A. Cherof, Esquire, G ' ("!lcrof Doody & Ezrol, P.A. \)rt:n, .' , 3099 East Commercii') Blvd. Suite 200 FL Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMlTS AND COVENANT FOR ANNEXATION d f 200 by and between . THJ,S AGRE~E.NJrl/e (n this ~ ay 0 hereinafter called the "cus~o~er", and the [{;..fl1;JB~YNTON B~ACH, a municipal corporation of the State of Florida, heremafter 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 RCb-oe3 WHEREAS, the City ofBo}1lton Beacp has the ability to provide water service to Customer's property; and WHEREAS tbe City of Boynton Beach has a policy which conditions the grant of water services outside of i;s jurisdictional limits on annexation ofthe 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 fo)]ows: 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 M Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, instaUation and inspection of the facilities as required by the City of BO)1lton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shaU be responsible for instaHation in conformance with all codes, rules and regulations applicable to the installatlon and maintenance of water service Jines upon the Customer's premises_ All such Jines shall be approved by the Director of Utilities and subject to inspection by the City 02/25/2005 04:43 5517425305 CUST SERIJ PAGE 03 -",~--~",-,-,"'''''--'''__''''''-.-''-'.'''''''-''---''''-'' .....'......"-.". _............' .~..""''',,._.-.- -. . Engineers. Toe City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have t~e work performed 00 behalf of the cus~omer, . which case the Customerwj}l pay in advance all esumated costs thereof. In the event the CIty has :Ch 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 ~y the Customer, unless written consent is granted by the City of Boynton Beach for .other partles to connect. All connections shall be made in accordance with the Codes and regulatlons of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the ~ity Wa~er Distribution System to and including the metered service to Customer shall be vested In the Clty 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-ofrway or easements necessary to accommodate the connections shall be provided by the Customer to the Cjty. 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 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 infonn any and aU 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 shalJ 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 3 diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph I 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 ~gre~d ~at the City shall have no liability in the event there is a reduction, Jmpamoent or tennmatlOn m water service to be provided under this Agreement due to any $;\CA IAGMTS\ Water Service\ Wat~r ~rvice A~ement . Rev J ,6.()6.doc 2 02/25/2005 04:43 5517425305 ,,___.__....n-.....'.---.......-----.----....-""'.n. _....m..,_, _n. CUST SERIJ PAGE 04 prohibitions, restrictions, Hmitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shalJ have no liability in the event theTe is a reduction, impainnent or tennination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other cireumstances beyond the City's reasonable controL 1 ] . The Customer hereby agrees to indeJlIDify, defend and hold hannless 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 perfonnance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shaH 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 js the subject ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S:\CA\AGMTS\Wllkr Service\W~ler Service Agreemenl- Rev I~.doc 3 ___~P.?_?!2E)05 04: 43 5517425305 CUST SER\J PAGE 05 AGREEMENT FOR WATER SERVJCE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND '~-Q. \ A S :6 \-\\ ~'=> -::;, (INSERT NAME) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of J\~ ,2ook. WlTNESS: 'fl~~?t/(- W~ss fSi~~tur.e vi 6: C.CILL/~-s. Ai~eSSNam~ y .:-( ~ 4!~/f1A V Witness Signature ~5\-I\;;1\..L" e.E'ICyA(2\,:::> Printed Witness Name ~Q9 itne s Signature -:Stl4t-.1 y 12l;l c~v .It1.. toed Wim~. ~e ~~ (flQ,Q, Witness Signature ~DD "le~ Printed Witness Name INDNIDUAL(S) AS OWNER(S): l.~~ ~ature f'/\A/2. \ A:I 6t+ \ 1.;3.,. D "'2> Printed Owner Name N\A. Owner Signature N\A Printed Owner Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF nCivo4 ) ) 55: COUNTY OF ~Lfr1 BG'lCiJ ) 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 lV\l\a.U~ _:r <5 i-\ \ i:i-1..D :> to me known to be the pe:rson(s) described in and who executed the foregoing instmment 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: rLDL S '132 SLID ~B S~J- 0 ~f' <;t: ./1 /1WI1NE~ my hand and of!icial seal in the County and State last aforesaid this..P day of r y fAYA ..-(l h , 200..Lt.... (Notary Seal) \\\IIf(I/ J huB ~~....~y.~~~,~ ~. ryan ~*:~':*~Co~s~lOn#DD297~ ~ -;.~~... :;;:~ Exprres. Mar 08,2 tary Public 'If OFf" ,,- Bonded Thru "loll" Atlantic Bonding Co.. 1nc My Commission expires: 02/25/2005 04:43 5517425305 CUST SERV PAGE 05 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COV"~NANT FOR A.NNEXA TION BETWEEN THE CITY OF BOYNTON BEACH AND lV\ ~tl\t\ :I S\-\ \\.3-\) s (INSERT NAME) ATTEST: ~. 1n. 'ity C erk CITY OF OYNTON BEACH, FLORJDA a Florida unici a) corporation Kurt Bressner. City Manager STATE OF FLORIDA ) ) 55: 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 af~resaid to take acknOWle~en~s,. [;rSOnallY appeared ~/rf Iirf"QSl1er , CltyManagerand W~ e-c-t n..IA1Li · 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 sea) affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WIlNESS my hand and official sea) in the County and State last aforesaid this I -IYlIL't~~./ .2001t.. (Notary Seal) 7k/jy, ('L.2 7J1 &Iff Notary Public day of My commission expires: I~::;X~ VAlORIE MOATS ~:.r"'11 MY COMMISSION' DO 346t98 .~~ EXPIRES: September t7, 2008 liIl IlondId TIvu NOlIIy Public UnclenoriIers S:\CA\AGMTS\W~'e' Service\WslCI' Service Agreemenl- Rev 1~~6."QC 5 82/25/28B5 B4:43 5517425385 CUST SERIJ PAGE 87 THIS INSTRUMENT PREPARED BV: Jllmes A. Cherol. Eaqull'e Goren. Cllerof. [}oody iml Ezra!. P A 3099 Ells! Commem;ia' 9h1d. Suite 200 Ft. LauClerdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ,4[.11'} ~7/}C ( I I/We, ~A--e, t~ r S"\lE~D -:::> , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORJDA, 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 descnbed herein into the CITY OF BOYNTON BEACH. This power shaD extend to the CITY OF BOYNTON BEACH fuU 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 descnDed as follows: PCNNo.: CO \..\6 L\S \0 0-) 000 Ci-1S-b The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effuct on the \ day of JVl f1e.c.~ , 20 fu and the powers and authority shall be irrevocable by Grantee. 02/25/2005 04:43 5517425305 CUST SERV PAGE 08 IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of }vli1M{~ . in the year 20 ()Y. Sealed and delivered in the presence of V) /~/( w~ss Signature Prin~ /r~? ;/ gJ~~~/ Witness Signature ::5lh,,,'~A ~ \ c \'\A'Zp Name Signature MM-Ir.'\:I. S4-II.::l...~ -,:, Print Name Signature ~ ? ~\C-4A1lD Ltt ~;:;~ Witness ----r:;:- 0 u '-\Q.~ Print Name O~ s:1e ~ fY ~ ~. Print Name \ STATE OF FLORIDA ) . ) ss: COUNTY OF PALM BEACH ) ~ FOREGOING INSTRUMENT was acknowledged befure me this y ~.y of mrJl!cLI-, 20 ~ by fv\~\ A- Q} I g.....D .s.. and , who are known to me or who have produced /iI)L S it 3l- SLf tJ l.f 8 S~I () , as identification and who didldid not take an oath. ~~~~v.~4;~",,~ John Bryan [:.~~*~ Co~ssion #DD297960 ~~. .iI~ Exprres: Mar 08,2008 "/~ OF F:.o ,-- Bonded T1uu """1\\' Atlant' Bondin C In Ie go., c. ~y~C' JOHN &2y4v' Type or Print Name Commission No. My Connnission Expires: S:'CA\AGMTS\WMer SeMce'flower ofaay.doc- 1-6-06 H:\J 990\900 I 82.8B\AOMTlPo_ of Anomcy.lnd I.3O-{l6.doc Palm Beach County Property Appraiser Property Search System Page 1 of2 ~~,~~pr.!.:r" :..". ,An,'''' Sr,'.m ,,~~x~~~~~if\rs'"mmAL,,*,,+' ~,", ;;,'jkw'-dil>~,:~ =;>-.= ~ Property Information Location Address: 7756 GRISWOLD ST [*>+ ~Jew~HaD-_ ":'01 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-0750 Subdivision: TROPICAL TERRACE IN Official Records Book: 11657 Page: 103 Sale Date: Mar-2000 Legal Description: TROPICAL TERRACE LOT 75 Owner Information Name: SHIELDS MARIA I IbMi&~tOwn""."'w'l Mailing Address: 7756 GRISWOLD ST LAKE WORTH FL 33462 6106 Sales Information Sales Date Book/Page Mar-2000 1165710103 Oct-1986 0503910991 Jul-1986 0495811614 Price SaleType Owner $10 QUIT CLAIM SHIELDS MARIA I $49,500 WARRANTY DEED $100 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 Tax Year 2005 Number of Units: 1 *Total Square Feet: 2086 ~OO3. 64 960 15 360 80 320 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2Qo~ Assessed Value: 53 993 Exemption Amount: 25 000 Taxable Value: 28 993 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~oos 552 243 795 ~oQ3. 51443 25 000 26 443 [~ I~I ly;";"'''M''k~~_'''+'ibl ~s~ r~~-1~1 [f:'i'4,*,0&i4,~ )"'AM! 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~cord SeMch I Information I Exempj:ions I Community I Employment I New Home Buyer I Qffice LQJ::.Qtions , , . .1 /) \"iiL~Mil!stm~lJtElQi1Ig ISi1YeQlJLHQm~s I Senjgf CQIDg[ I Qis<:I.i11mer C;;; th lJ i rT7 http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004 34510070000... 3/1 /2006 ... 1 in. :: 132.6 feet - 3380 ~40C 3410 ~ ~ ,--.---.--- r ~ 0250 0261 07.f)0 0760 1250 1750 1260 I 0240 0262 0770 1240 I 1740 ~3Cl 2810 2800 0730 0280 1731 0220 ! 0780 1220 1280 I 072 1720 r50 '78Cl 2790 0290 1210 1300 1710 0210 0700 0800 0200 1200 1310 1700 ~ -- I ---- 0190 0320 0690 0820 1190 1320 2200 2180 -- 1680 0171 0330 0671 1180 1330 l. 0830 I 1170 1340 I 1670 ~ 2141 2160 0160 0341 0660 , -- 1160 1350 , 17 0850 0150 0641 I 1360 1640 0360 I -- 1140 0140 I .... 1370 17 9( 58C 1560 0631 0870 .x ~ 0130 0371 ~ 1380 ~ 1630 181 f I ~ 1120 iii:i --- 0120 0390 0890 ~ ! 1390 .. 1620 ~(] ~ 0610 :: 0571 0560 ~ 18~ 0110 0400 ~ 0900 ~ 1110 .... ;.l 1400 1610 0100 0410 I 0600 0910 1100 --+- 1600 183 i i 1411 520 P54C b55Cl 0420 0590 I 0920 1090 1590 184 0080 --- 0430 0930 1430 1580 185 I 0570 co- 1070 b28( l27( D26( I 0070 0440 0940 1440 186( 0450 0560 0950 1060 1410 1550 0050 l -t- 0960 J 1050 1460 188(] 1 i 7756 Griswold 8t 1'1 f ~ Google Local- 7756 Griswold Street, Lake Worth, Florida Page 1 of 1 GooS...........le Local http://maps.google.com/ 4/6/2006