R06-114
1/
1 RESOLUTION NO. R06- 11&.1
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 DIEURESTE JOSAPHAT
9 AND MIRACIENNE PIERRE LOUIS; PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water service area and consists of a single-family home at 1071 Seagrape Road, Lake Worth,
14 FL, the property more specifically described in the legal description attached as Exhibit "A";
15 and,
16 WHEREAS, no additional construction will be required by the City to serve this
17 property.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23
Section 2.
The City Commission hereby authorizes and directs the City Manager
24 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
25 Dieureste Josaphat and Mariacienne Pierre-Louis, which Agreement is attached hereto as
26 Exhibit "B".
27
28
Section 3.
This Resolution shall become effective immediately upon passage.
1
S:\CA\RESO\Agreements\Water Service\Miracienne Pierre Louis.doc
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PASSED AND ADOPTED this L day of July, 2006.
Attest:
'1VJ. p~
CITY OF BOYNTON BEACH, FLORIDA
J~T7i~
Vice Mayor - Carl McKoy
'7~ft? ;:
Commissioner - Robert Ensler
~~
~ r. ~r.~
Commissioner - Muir C. Ferguson
S:\CA\RESO\Agreements\Water Service\Miracienne Pierre Louis.doc
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(Corporate Seal)
Office of the City GlerK
City of BnYilton 8each
. 'ir :1 U :1 r " nl" n 'I f" "1111' 1111111' 111111111\
P. O. Box 310
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CF !'" ,,:ii~iJb<2i.',b"I. ;;~j
OH 3;< 02Q) i'1~t':l P,;, i~ 1~~7
RECJ~[IE[,' i!H/I~:li~Jlhlh 11.:50:IZI6
Palill H,;:HCil L'J~lIlty, Lwr'td,;;
Shell': fI Ii:. iiol: ~:, (U:tK 1, GO!'F'TROLLER
Pgei Z'1. n' '. :I.:::i; ('I ;lgn
Boynton Beach. Horida ~<H25
TJn~ INSTRUMENT PREPARED BY:
./iu I "herof, Esquire
lj.;; " Cherof, Doody & Ezral, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
p,(SIl()--III,'.'
AGREEMENT FOR WATER SERVICE OU"lSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATIO~N
WHEREAS, Customer owns real property outside of the juri~;dlictiona] limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, norida provide watt:[
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 propwty to bl;: serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege ofn::ceiving \vat'~r :;ervice from
the Municipal Water System and the mutual covenants expressed heH~in, 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 :frorn its Municipal \\Tat,~r
System to service the real property described as follows and which Customer represent:. is owned hy
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are J. (f~ Equivall~nl Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engill(~'e:ring, malt~rial, labor,
installation and inspection of the facilities as required by the CiW of Bo~mton 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 aU codes" TIlles 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 Attomey 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 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 IAGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
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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)
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, P0lm Reach County Property Appraiser Property Search System
Page 1 of 1
Property Information
Location Address: 1071 SEAGRAPE RD
Municipality: UNINCORPORATED
Parcd Control Number: 00-43-45-09-14-000-0560
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 13046 Pane: 1750
Legal Description: HYPOLUXO RIDGE ADD 2, LT 56
Sale Date: Sep-2001
Owner Information
N"me: JOSAPHAT DIEUREST
., ~
lV!ading Address: 1071 SE,AGRAPE RD
LAKE WORTH FL 33462 595 3
Sales Information
Sep-2001
Book/Page
13046/.1750
Price Sale Type
Owner
Sales Date
$44,000 WA RRANTY DEED
JOSAPHAT DIE UREST
Jul-2000
11930/1242
$88,500 WA RRANTY DEED
PIERRE LOUISE MIRAClE NNE
Sep-1999
11356/1638
$100 SU MMARY ORDER
- - NONE RECORDED - -
Regular Homestead: $25,000
'fear of Exemption: 2006
Total: $25,000
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Mad(e[ Valuc~
Tax Year 2005
Nurnber of Units; 1
'Total Square Feet: 1868
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exem ption Amount:
Taxable Value:
+005 2()O4 2003
$49,888 48 43S 47 532
$25,000 25 000 25 000
$24,888 23,435 22,532
Tax Values
Tax Year:
Ad Va":>rem:
Non Ad Valorem:
Total Tax:
2005 2004 2003
$474 $4S7 $441
$243 $191 $192
$717 $648 $633
l Tax CalqJlator
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.
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http://www.co.palm-beach.fl.us/papaJaspx/web/detail__info.aspx?p _ entity=00434509140000... 6/5/2006
f.1I Owuer
Page 1 of 1
AI! Owner(s)
PCN Number:
00-43-45-09-14-000-0560
Owner Names
JOSAPHAT DIEUREST
PIERRE-lOUIS MIRACIENNE
http://www.co.palm-beach.fl.us/papa/aspx/web/allOwner.aspx?entity _id=004345091400005... 6/5/2006
THIS INSTRUMENT PREPARED BY:
James A Cherat, Esquire
Goren, Cherat, Doody and Ezra!. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Pil tvL B-eaCA
-flWe, D ierAr-eJte JO..rA.f~t r }Ill rACt~~hoQ. f?t..;~t,./~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 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 ofthis power is described as follows:
PCN No.: I)()-tf 3- 'f-S-09 -/~ -000 - as b ()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the S ~ day of
JI!..t\.e. ,20'& and the powers and authority shall be irrevocable by Grantee.
IN WIlNESS WHEREOF, we have hereunto set our hands and seals the sf1- day of
--,...
'-J LA h 0(. , in the year 20~
Sealed and delivered in the presence of
7~ 'n7~
mss Signature
Or' j <:.- H 0 aJ--.5
Print Name
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Owner SignaJhe
X D I ~ W'e. f J' oS t1tf~:t-
Print Name
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Print Name
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Print Name
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Print Name
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/ wner Signature _
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Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowl~dged before me this s/f- day of
J"'t"'~ , , 2006, by .D(PlA.r~ste. ::J"s-.f~t- and
M,r"C ,elUte., P, t'rf.Jl.-LoII;', who are known to me or who have produced
rt/)(.c1~ .D.L. , as identification and who did/did not take an oath.
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NOTARY PUBLIC ' r
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Type or Print Name
Commission No.
My Commission Expires:
S:\CAIAGMTS\Water Service'p>wer of atty. doc - 1-6-06
H:\1990\900 I 82.BB\AGMf\Power of Attorney-Iud 1-30-06.doc
.. 0680
1 in. = 149.4 feet 0690
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Location Map 1071 Seagrape Rd
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