R06-186
"
1 RESOLUTION NO. R06-/8f.:.
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 MICHAEL PORCELLI;
9 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 1128 Highland Road, Lake Worth, Florida (Ridge
14 Grove Lot 103); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in San Castle/Ridge Grove proj ect area; and
17 WHEREAS, water main improvements have recently been constructed by Palm
18 Beach County as part of a neighborhood improvement project on this street allowing for the
19 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
S:\CA \RESO\Agreements\Water Service\Porcelli Water Service Agreementdoc
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1 Michael Porcelli, a copy of said 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 November, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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' r.t-;;~ _ t- !~ ~ / '"'-
Commissioner
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Commissioner
Attest:
Yn.~
2
S:\CA\RESO\Agreements\Water Service\Porcelli Water Service Agreement.doc
'r.HIS INST1UJMENT PREPARED BY:
111111I11111111I1111111111I1111111111111I11111I1111111I
CFN ::'~~()OtS()6476'{JoO
OR BK 21102 PG 0491
RECORDED 11/20/2006 10=59=59
Palm Beach County, Florida
Sharon R. Bock,CLERK t COMPTROLLER
ROb~:'IBi~l .. 'SOli 0Ip9s;'
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
2.' y\A. 11 V-
^ ^ THIS AqREAM~ made onthis ---=- day of 0<:.. To o--e r ,200 l:2, by and between
IV\ I uV\~1 y, oru,( l \ hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH~ a municipal corporation ofthe State of Florida, hereinafter called
the "City".
Jallil' 1\. Chtrol: Esq!,l.irc:
Goren, CheJ'of, Doody & Ezro], P.A.
3099 East Commerdal Blvd.
Suite 200
1'1. Lauderdale, FL 33308
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 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;
l. 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 L 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 confonnance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises. 2:
All such lines shall be approved by the Director of Utilities and subject to inspection by the City ~
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F:ogi neers. The City shall have the option of either requiring the Customer to perfoml the work
nec:;ssary 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 inclured 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 cOImections shall be
provided by the Customer to the CHy.
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 armexation at the option ofthe City at any
time the properly 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
inevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City1s 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
descri bed in Paragraph 1 ofthis Agreelnent. 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
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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,
stIikes, boycotts, blackouts, fire, earthquakes, other casualties or other circLUl1stances 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 incWTed 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 pm-ties 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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AGREEMENT }"OR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATIOrtPEr,t)WEF~N THE CITY OF BOYNTON BEACH AND
'f\A \ ~ (}.G \ -L- [0 'fLe \ II (INSERT NAME)
2~rd
leir hands and seals this .'"n..__~= day of
WITNESS:
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~ess Signature ,
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Printed Witness Name
~ {lJ.~'~JAJYY{.Vk
Witness Si at~e b
~_ .Qher~- () frmarJ
Printed Wit ess Name
IN WITNESS WHEREOF, the parties hereto aye
_O~1.~~rJ-e., ,200JE.
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Wf\er 19nat e
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Printed Owner Name
Owner Signature
Witness Signature
Printed Wjtness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR 1ND1VIDUAL(S) NOT ARIZA TION:
STATE OF fi O'f'~ ct tL- )
D. \. D ) sS'
COUNTY OF ~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
iforesaid an~' the G,ounty aforesaid to take acknowledgments, personally appeared
M r ~ 1- Df u..{ II 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 w~s personally known to me Or provided the following proof of
identification: ~OvivUr' Uu ~ .
. J>l,L{ ~stP(P31\'--o. , . .1.!'~
WITNESS_my hand and offiCIal seal m the County and State last aforesaId this day of
Oy1t>~ .200P.
(Notary Seal)
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My Conunission expires:
~."...~, a\. Notary Public Slate of FloIida
. _ . Carol A Mahoney
Uk. ''r/ My Commission 0D460414
, .'. Expires 0811012009
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IN WITNESS WHEREOF, we have hereunto set our hands and seals tt2~daY of
()(;)-o k.v- ,in the year 2ev
Sealed and delivered in the presence of
7;;f~-ia_ m MiL
W~t~s Signature
V (L-/O ( i e. It D'Pf-s
Print Name
O~~dIL
Print Name
Witnah Si tur~ be
Q. . err\{ - DO rmClY)
Print Name
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Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA
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COUNTY OF PALM BEACH
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THE FOREGOINQ, INSTRUMENT w. acknowledge ~fore me this -aay of
P~TD\.?cf . 2~, by ... wA . t(:)f"t.{ l .
. who are known to me or who have produced
; as identification and who did/did not take an oat
Q~4~
N&TARY PPBLIC
0.(0) R vYla.h~~
Type or Print Name
Commission No. DD '+(OO4-/<f
J'~y ~ Notary Public State of Florida
..1. Carol A Mahoney
'\ c'J- '" My Commission D0460414
Of ,., E~pl(es 08/1012009
My Commission Expires:
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^GREEMENTFOR WATER SERVICE OUTSID}: THE CITY LIMITS AND
COV~ ,FOR ANNEX~ 8ETW~EN THE CITY OF BOYNTON BEACH AND
. \ C \t\ o--tJ. \. 0 r a U I (INSlt:RT NAME)
CITY OF BOYNTON BEACH~ FLORIDA
a Florida m nicipal corporation
Approved as to fonn:
STATE OF FLORIDA )
) S5:
COUNTY OF P AiM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid lO take acknowledgments, personally
appeared ~4~t :Rl'e.s~n-e...(' ....--JCityManagerand VA--n~ fJr-fA ;i\;-to ·
City Clerk respectively. of the Cily named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under autholity duly vested in them by said City and that the City seal affixed thereto is the true
corporate seulaffixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this IS
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day of
(NoLary Seal)
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Notary Public
m~
My commission expires:
...;::;.~~ VALORIE MOATS
~'iJ:~ MY COMMISSION' DO 346198
\ :,J EXPIRES: September 17,2008
~Rf.:t\l...' Bonded Thfll Not.ry Public UndllWlll.1I
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Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 1128 HIGHLAND RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-1030
Subdivision: RIDGE GROVE IN
Official Records Book: 18291 Page: 1616
Le9al,Description: RIDGE GROVE LTS 103 8t 104
Sale Date: Mar-2005
Owner Information
Name: PORCELLI MICHAEL
. ,AlLllwftAnt b'lll
Mailing Address: 6278 BRA NCHWOOD DR
LAKE WORTH FL 33467 738 5
Sales Information
Sales Date
Book/Page
Price Sale Tll~
Owner
I"Ldd~""-h"
Mar-2005
Feb-2003
18291Ll.!U.2
1503J.L1~77
U8S_~L!):L2()
$103,000 QUIT CLAIM
PORCELLI MICHAE L
$104,900 WA RRANTY DEED
MOORE DAVID A 8t
Jun-2002
$70,000 WA RRANTY DEED
BLUEWAVE PROPERTIES
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2006 P 2005 20Q4
$114,209 $77.494 69,499
551 881 $33.689 18,510
5166 09(] $111.183 88 009
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2006
IJ~~ Coctg: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
P = Preliminary Values
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ssesse an axa e a ues
Tax Year: 2006 P I ~O05 201>.1
Assessed Value: $166 0901 90 649 88 009 lis@:rJ"I.}~l
Exemption Amount: $01 2500(] 25 000
Taxable Value: $166.0901 65,649 63 009
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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All Owner
Page 1 of 1
All Owner(s)
peN Number:
00-43-45-09-08-000-1030
Owner Names
PORCELLI MICHAEL
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THIS INSTRUMENT PREPARED SY:
James A. Gh(~r!lt, E:;(juirCl:
l:'orefl. C nerol. lJuody IIIIId EzroJ. P .A.
::l099 I~EI~1 ~ornm~rcial Blvd.
Suile:!oo
Fl. ~uderdale. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLOrA
COUNTY OF iA.. \ (Y\ Pn6-6L
Nt u\t\~1 P po 'ice (If '
I1We,
, hereinafter ttGrantee\
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~ main~ 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:
PCNNo.: ODrLj'5-<.fj / o~---68-DOD .--103 0
The powers and authority of my attorney, THE CITY OF BOYNTO~ BEACH,
FLORIDA, shall commence and be in full force and effect on the '2 ~ day of
.Q.LT 0 k/, 2~and the powers and authority shall be irrevocable by Grantee.
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1128 Highland Rd
1128 Highland Road, Lake Worth, Florida - Google Maps
Page 1 of 1
Address 1128 Highland Rd
Lake Worth, FL 33462
'1
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
Pete Mazzella
Deputy Utilities Director
FROM:
Janet M. Prainito
City Clerk
DATE:
November 30,2006
RE:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS -
The following Agreement for Water Service Outside the City Limits was recorded in
Palm Beach County on November 20, 2006, for your information and files.
R06-186 Michael Porcelli, PCN 00-43-45-09-08-000-1030
If you have any questions, please do not hesitate to contact me.
~/ ~/7ftJ;
c: Cheryl Smith
Original to Central File
S:\CC\WP\PBC recording\year 2006\WATER SERVICE AGREEMENT\TRANSMmAL MEMO - To Pete MazelJa - Recorded Docs.doc