R06-102
II
1 RESOLUTION NO. R06- IO~
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 ANTHONY MCCRAY;
9 PROVIDING AN EFFECTIVE DATE.
10
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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 7927 Coral Street, Lantana, Florida (Tropical Terrace
14 Lots 186 and 187); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace project area; and
17 WHEREAS, water distribution main improvements has recently been constructed by
18 Palm Beach County as part of a neighborhood improvement project on this street allowing for
19 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
1
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II
1 ANTHONY MCCRAY, which Agreement is attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of June, 2006.
Attest:
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
.....#'
~~i~~/
Commissioner - Robert Ensler
. stoner - Mack McCray
~ e< ~-e.~
Commissioner - Mui C. Ferguson
2
S:\CA\RESO\Agreements\Water Service\McCray Water Service Agreement.doc
7927 Coral St, Lake Worth, FL 33462 - Google Maps
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Page 1 of 1
5/19/2006
f'ffice of the City Clerk
Citi of Boynton Beach
P. O. Box 310
Boynton Beach, FloridR 33425
THIS INSTRUMENT PREPARED BY:
Jamc'\ Cherof, Esquire
Gorell, Cherof, Doody & Ezra], P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
; fllf II 01111111111111/11 M III ~ I" IIIIII
CF'N 200/;0357042
OF. Ef{ 2';2)485 PG 0781
RECO!i:[t!E() 06/16/2006 11: 42: 16
Palm E:'?a,:=h County, Florida
Shar'on R. Bock, CLERK & COtfPTROLLER
Pgs 0781 - 790; (10pgs)
ROb - 108
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
day of ,200_, by and between
hereinafter called the "Customer", and the
. pal 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 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:
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( 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 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 I ofthis 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 aU 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 shaU 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 ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
4, ;-I/;O/7{: rr7( C"r /(1.-/ (INSERT NAME)
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
1\( (., I. I ,200--0
/
WITNESS: INDIVIDUAL(S) AS OWNER(S):
t< (.' J( r: fr/
~tness S' ature '
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Print d Witness Name
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WiJness Signat4re
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Printed Witness Name
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Witness Signatur6 ,
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Printed Witness Name
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Witness Signatl!Ik-
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Printed Witness Name
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Own~
Printed Owner Nam0
FOR INDIVIDUAL(S) NOT ARIZA TION:
STATE OF f/f.. )
) ss:
,..,....,. "
COUNTY OF /,;cUY7/:"l.:/-Y)
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
, ~ ('.,r; (] //7 (0~C:j~' to me known to be the person(s) de~bed in and who
executed the regoing instrume that he/she acknowledged before me that ~eMhe executed the
same; that the individual was personally known to me or provided the following proof of
identification: ;----r-t S' C '/] 1;(/2 "(J
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^ A ~,WITNESS my hand and official seal in the County and State last aforesaid this
~Ct ~ ,20012.
-.
(Notary Seal) , ".;.;'~;:. FRECIOUSJEATER
l!~~~>''-A~:''.: .;(i,'.ii',lISSI'J!' # DO 490911
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, day of
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVF,NANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
11) )-fh~j'JI I / J'7 (- L~/C/i/ (INSERT NAME)
/ /
CITY OF BOYNTON BEACH, FLORIDA
a Florida unicipal corporation
Kurt
ATTEST:
ST ATE 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
appeared , City Manager and
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
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1--6-06.doc
5
Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 7927 CORAL 5T
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-1860
Subdivision: TROPICAL TERRACE IN
Official Records Book: 20077 Page: 774 Sale Date: Mar-2006
LeSilIQeg:rintion: TROPICAL TERRACE LT5 186 &. 187
Owner Information
Name: ANTHONY MCCRAY
IM,~&~tI="'L I
Mailing Address: 548 NW 45TH DR
DELRAY BEACH FL 33445
Sales Information
Sales Date Book/Page Price SilLe TYPe
NoY-2002 ~<t964LL4J,7 $1 QUIT CLAIM
Oct-2002 1~4~311~€i $100 WA RRANTY DEED
Dec-1997 IJ!1J]j!>H9 $49,000 WA RRANTY DEED
Owner
[". AU Sales" '. I
~t~~4~<~*~1,_,~.qmffiW~1~W~i:
WHITE ROBERT &.
WHITE ROBERT &.
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use COIle: 0100
2005 2004 2003
566,985 60,898 54,657
538,8n 21,358 19,200
5105,857 82,25E 73,857
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1447
Description: RESIDENTIAL
* in residential properties may indicate living area.
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Tax Veal': ;Z00!:i 2004 200~
Assessed VaiLe: S105,857 S82 256 $73,857 r -
Exemption Amount: SO SO 50
Taxable Value: S105,857 S82,256 573,857
Tax Values
Tax Veal':
Ad Valorem:
Non Ad Valorem:
Total Tax:
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http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451 007000 1... 5/1/2006
All Owner
Page 1 of 1
All Owner(s)
peN Number:
00-43-45-10-07-000-1860
Owner Names
ANTHONY MCCRAY
IW_~"""'.""'"MI
http://www.co.palm-beach.fl.us/papa/aspxlweb/allOwner.aspx?entity _id=0043451 00700018... 5/1/2006
THIS INSTRUMENT PREPARED BY:
James A Cnerof, Esquire
Gorer:, Cherot Doody and Ezral. P.A.
3099 East COlnmf:rGial Blvd.
Suite 200
Ft. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF i'h /; n i~(h.
IlWe, f)rr/ J Je. -;;)t. / I 1/ ( (rift J , 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 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- '/1'- L/:;- - i [) -t:.,- 7 - Oc-k.J- I R & (,)
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
I
day of
71)/(/ !
j
, 20 r:. :(f and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
-)T\ i .
'qrtll
/
Sealed and delivered in the presence of
{\ y/ (ic' 1< t j L
itness ,i~ ature -
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Print Name
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Witness
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Print Name
Print Name
STATE OF FLORIDA
)
) SS:
)
COUNTY OF PALM BEACH
" THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of
!J.1 (J; < " , 20 0&, by .r.. y-,. ("i 111 ( ( /('J / and
, j )A~' 1/1 / ;/; ():../'()'j , who are known. t e or who have produced
j:?j'r<; Cr'IO (J l J /{I/{jl/J, I, as identificati {didldi ot take an oath.
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....r;;;.:........ PRECIOUS JEATER
!.~. ~:~ MY COMMISSION # DO 490911
. . .~ff EXPIRES: November 15, 2009
'1, :S:~~ Bonded Thru Notary Public Underwriters
Commission No.
My Commission Expires:
S:\CA \AGMTS\Water Service~wer of atty.doc - 1--6-06
H:\1990\900 182.BB\AGMT\Power of Attomey-Ind 1-30-06.doc
60
30 0
3050
t
7927 CORAL ST
MEMORANDUM
TO:
Pete Mazzella
FROM:
Janet Prainito, City Clerk
DATE:
May 31, 2006
RE:
Agreement for Water Service
I Anthony McCray
I 00-43-45-10-07-000-1860
Attached please find a copy of the above-mentioned water service agreement that was
recorded in Palm Beach County on June 16, 2006 for your information and files.
.~
C: Agnes Wilson
Central