R06-084
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1 RESOLUTION NO. R06- DB"
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 CITY
8 OF BOYNTON BEACH AND FAUDE & LOUISE
9 JOSEPH; PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1096 Brown Road, Lake Worth, Florida (Hypoluxo
14 Ridge Add 1, Lot 6); and
15 WHEREAS, the parcel covered by this agreement includes a duplex home in the San
16 CastlelRidge Grove project which only potable water is available for connection at this time;
17 and
18 WHEREAS, a water distribution main has recently been completed on this street
19 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 Faude
S:\CA\RESO\Agreements\Water ServiceVoseph Water Service Agreement.doc
II
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& Louise Joseph, which Agreement is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of April, 2006.
CITY OF BOYNTON BEACH, FLORIDA
/-' .
---171:( 2Z L
Ci~r i/kA~
Commissioner u
Attest:
.P~
S:\CA\RESOlAgreements\Water Service\Joseph Water Service Agreement.doc
The City of
Boynton Beach
City Clerk's Office
1 00 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 COUNTY
RECORDING/ABSTRACT
PO BOX 4177
WEST PALM BEACH FL 33402
ATTENTION:
DAVID GILLESPIE
Dear Ms. Bock:
RE: ACCOUNT #1031 (13 PAGES = $112.60)
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
R06-084 Faude Joseph & Louise Joseph
PCN 00-43-45-09-04-000-0060
If you have any questions, please do not hesitate to contact me~
Very truly yours,
CITY OF BOYNTON BEACH
.Il~
CC: Pete Mazzella
Sam Reep
Central File
PBC Recording Folder
'An Equal Opportunity/Affirmative Action! ADA Employer'
Office of the City Clel h
City of Boynton Beach
~. 0, Box 310
Boynton Beach, Florida 33425 ,'-
THIS INSTRUMENT PREPARED BY:
]a1l1l'" ^- Cherof, Esquire
GOTClI, Cherof, Doody & Ezral, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
III" 1111111111111111111
1 ~~ /_ -=::~
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\1 ' " -:
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CFN 20060259353
OR BK 20281 PO 1423
RECORDED 85/03/2006 09:04:14
Pal. Beach County, Florida
Sharon R. Bock, CLERK , COKPTROLLER
Pgs 1423 - 1435; (13pgs)
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
ROb-oel./
_ THIS AGREEl1ENT made on this _ day of ,200_, by and between
f-a.iA' <i LoUlS ~. hereinafter called the "Customer", and the
CITY OF BOYN ON BEACH, a munici al corporation 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) \.
~,. z- (dLlplt'X)
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 am~~~Wi~W' of Utilities and subject to inspection by the City
MAR 1 6 2006 cp
CUSTOMER RELATIONS
THIS INSTRUMENT PREPARED BY:
JaJ]le~ i\. Cherot', Esquire
Goren, Cherof, Doody & Ezrol, P.k
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA TlON
Ro{,-oBL/
THIS A GREEMENT made on this day of , 200_, by and between
j -
fLoutS j hereinafter called the "Customer", and the
ON BEACH, a munici al 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 ofthe 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:
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) . \
)l\.7- (dLtplex)
2. The Customer and the City hereby agree that there are~ Equivalent Residential
Cortriections 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 confonnance 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 aW~~~Wi~re> of Utilities and subject to inspection by the City
MAR 1 6 2006 cp
CUSTOMER RELATIONS
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 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 of the City at any
lime 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 j-6"{)6.doc
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AGREEMENT FOR WATER SERVJCE OUTSIDE THE CITY LJMJTS AND
COVENANT FOR ANNEXA TlON BETWE~~ THE CITY OF BOYNTON BEACH AND
F~~c:Le. ,'Ja'er"'- ! Lov...\.~ e -,,-bSe.rk (INSERT NAME)
M IN WIT.NESS WHEREOF, the parties hereto have set their hands and seals this ~day of
tlrch.. , 200~
WITNESS:
INDIVIDUAL(S) AS OWNER(S):
~ J~/~
tner Signature /
Oc..J(.s'~\ oSepH
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOT ARIZA TION:
STATE OF~~ )
) ss:
COUNTY OF~
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
J-D~j S e.. zr f)sqA 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: /=')... P L
WITNESS my hand and official seal in the County and State last aforesaid this I J./~ day of
-W~ ,200--k.
(Notary Seal)
.,.....,
. . I$.\ot...f~t-~ VALOAIE MOATS
My CommlsslO ie~a~:MY COMMISSION 1/ DO 346198
w~~~: EXPIRES: September 17, 2008
#;';"'~f.Y:t"$-~" Bonded Thru Notary Pubtic Underwriters
lM~;;/ ?1J~
Notary Public '
~ ()L ,~dQ lC)..9 et),
Owner Signature
'f:/iU{)E' :JosEfH
Printed Owner Name
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 0 take acknowledgments, personally appeared
., r+ l) , S. e to me known to be the
person(s) described in and who exec ted the foregoi_ng AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION 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:
-Jlr'1t/9r t.\(2(~ 1t.J'7~)[)~;}4,P -J~-;6LfYO
~ITNESS my hand and official seal in the County and State last aforesaid this
(1..;( r_l ^ , 200~
~ ~ \ .
I )-~day of
(Notary Seal)
,,;;;,..
.-.:--..-...~-,,-""
Notcrry Public
.D L #: J 3..1. i 0- ;),.,{4 tJ "-5'-1- 0 UI-Q
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida nicipal corporation
Kurt Bressner, City Manager
Approved as to form:
A5~~#t
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-tnd in the County aforesaid to take acknowledgments, personally
appeared './ rf 8 f'-es.s n fZr , City Manager and ..JQ...() -el: fJ f12..rn i 10 ,
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 --!.d..-- day of
!J1.a/t.-fL , 200 k-.
(Notary Seal) -zt:;,pA;1.) mM:irr
Notary Public
My commission expires:
/A.:"-:;";:~it... VALOR/E MOATS
t[ ~.~ MY COMMISSION # DO 346198
~~ .... EXPIRES: September 17, 2008
'. Bonded Thru NOl8ry PuD/ic: Undenorl!8/S
S:\CA \AGMTS\ Water Service\Water Service Agreement - Rev 1-6-06_doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
Gore'!, Cherof, Doody and Ezrol. PA
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ::BJ W\.&Ci.cJ"
IlWe, t;w~'t?: J:;sc:;" ~ Lo~ s e. .~\ ' hereinafter "Grantee",
hereby make, constitute, and appoint TIlE 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.: 00,- 43-1.[5-01'-0 Lf' 000'-00(; 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the Ilfft.,. day of
Ma..rcJ,,\ ,200h and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the iLf"" day of
-Lda.t'ck.. , in the year 2~.
Sealed and delivered in the presence of
Oa~
lPJrolig~
Print Name
A~.~.~
Witneis Signature, ~.......
&",-vy\vv~>( r. ~p
Print Name -,
~ -::r~h
9wner Signature
LOUISR 7DSePJl
Print Name /
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
FI.-
~ FOREGOING INSTRUMENT was acknowledged before me this / ^f1iw day of
)11 , 20,Qk, by Lou-isc.... ([1J's ~ph. and
, who are known to me or who have produced
, as identification and who did/did not take an oath.
t!~ff)~
~Y Pl!BLIC
fJ r I L J1 Oft 1..5
Type or Print Name
DL
i~~~'~~' VALORIE MOATS
~€ i.~ MY COMMISSION II DO 346198
\~'K......~~l EXPIRES: Seplember 17, 2008
'-P.f..:l" Ilor1ded Thru Notary Public Undenmrers
Commission No.
My Commission Expires:
S:\CA \AGMTS\Water Servicelpower of any.doc - 1~-06
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F()A.I~ s~'efJ~
Owner Signature
F/jc/~E :So5/?,Pff
Printed Owner Name
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
~
K
<,..~ The foreg9i~ Irrev.ocable Power 9f Attorn~was acknowledged b~~f e me this
~dayof~~ ,200i'bY~{:.k.~ L5~_ -' ,
who _ is personally known to me or who has produced 1)- v- \ \.J iL \. tJ1 k~S
identification, and who did/did not take an oath. #- S ~ A 1 v - ')-4:. 0 .- Soy -6l{l-i)
Notary Public
State of Florida
My Commission Expires:
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Property Information
location Address: 1096 BROWN RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-04-000-0060
Subdivision: HYPOLUXO RIDGE ADD 11N
Official Records Book: 18495 Page: 1368 Sale Date: Apr-2005
legaIPE'!$cripti()l): HYPOLUXO RIDGE ADD 1 LT 6
Owner Information
Name: JOSEPH FAUDE &
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Mailing Address: 1096 BROWN RD
LAKE WORTH FL 33462 5932
Sales Information
Sales Date Book/ Page
Price SaleIYP.E'!
Owner
f~"~1
Apr-2005 11;1495/1361;1 $235,000 WARRANTY DEED JOSEPH FAUDE &
Apr-2002 13637/1001 $123,600 WARRANTY DEED TOTH ARPAD &
Dec-2001 1~2421J!A44 $10 WARRANTY DEED EBERSOLD NARINE F TR
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: ~QJ)3
Improvement Value: 77 832
Land Value: 18 750
Total Market Value: $129 531 $104451 $96 582
lJ$e~()de: 0800 Description: MULTIFAMILY < 10 UNITS
Tax Year 2005
Number of Units: 2
*Total Square Feet: 2112
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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P~N Num,ber:
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Owner Names
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JOSEPH LOUISE
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