R07-004
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1 RESOLUTION NO. R07- DO'"
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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
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8 CITY OF BOYNTON BEACH AND GEORGE
9 HOMRICH; 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 1056 Peak Road, Lantana, Florida (Ridge Grove Add
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14 No I, Lot 224); and
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I ]5 WHEREAS, the parcel covered by this agreement will include a single-family home
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I! 16 located in the San CastlelRidge Grove project area; and
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, 17 WHEREAS, a water distribution main has recently been completed on this street,
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19 WHEREAS, no additional construction will be required by the City to serve this
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I 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
'I 24 being true and correct and are hereby made a specific part of this Resolution upon adoption I
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 George Homrich, which Agreement is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage. ,
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S:\CA\RESO\Agrccments\Water Scrvice\Homrich 1056 Waler Ser....ice Agrccmcnt.doc
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3 PASSED AND ADOPTED this ~ day of January, 2007.
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I: 6 CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\Watcr Service\Homrich 1056 Water Service Agreement.doc
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THIS INSTRUMENT PREPARED BY:
Jame~ A. Cherof. Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East COITllncreial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
R07-DOY
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
T IS AGRE MENT made on this _ day of , 200_, by and between
7e r Q.. . ompcA hereinafter called the "Customer", and the
CITY OF BO TON BEACH, a municipal corporation of the State ofFIorida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
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I WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
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i servicc to thc property owncd by Customer; and
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WHEREAS, the City of Boynton Beach has the ability to provide water servicc to Customer's
property; and
WHEREAS, thc City of Boynton Beach has a policy which conditions the grant ofwatcr
services outsidc of its jurisdictional limits on annexation of the property to be serviccd into thc City
at the earliest practicable time.
NOW THEREFORE, for and in considcration ofthc privilcgc ofrccciving watcr service from
. the Municipal Watcr System and the mutual covcnants cxpressed hcrcin, the City of Boynton Beach
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I' and thc Customer, his heirs, successors and assigns, agree as follows:
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I' I. The City agrees to providc Customcr with water service from its Municipal Watcr
Systcm to scrvicc thc rcal property described as follows and which Customer rcprescnts is owned by
, Customcr: (Exhibit A)
! 2. The Customer and thc City hcrcby agrce that there are 4 Equivalent Rcsidcntial
Conncctions which City shall scrvice.
3. Thc Customer agrces to pay all costs and fccs of enginecring, material, labor,
installation and inspection of thc facilitics as rcquired by the City of Boynton Beach Codc of
Ordinances or Land Development regulations to providc servicc to thc Customer's premises. The
Customcr shall bc responsiblc for installation in conformance with all codes, rules and regulations
applicablc to the installation and maintenancc of water scrvice lincs upon the Customer's premises.
All such lincs shall bc approved by thc Director of Utilities and subject to inspcction by the City
Enginecrs. The City shall have thc option of either rcquiring the Customcr to perform the work
nee~ssary to conform the lines or the City may havc the work performed on bchalf ofthe Customcr,
in which case thc Customer will pay in advancc all cstimatcd costs thercof. In the cvent the City has
sllch work pcrformcd, the Customer will also advancc such additional funds as may bc ncccssary to
pay thc total actual costs incurred by thc City.
4. Any watcr main extension madc pursuant to this Agrccmcnt shall bc used only by thc
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall bc madc in accordance with the Codcs and regulations of Boynton
Beach.
5. Titlc to all mains, extcnsions and othcr facilities extend cd from the City Watcr
Distribution Systcm to and including thc metered servicc to Customcr shall be vested in the City
I cxclusively unless otherwise conveyed or abandoned to the property own cr.
6. Thc Customer agrees to pay all chargcs, deposits and rates for servicc and equipment
in conncction with watcr service outsidc the City limits applicablc under City Ordinances and rate
schedules which arc applicablc which may be changed from time to time.
I 7. Any rights-of-way or casements necessary to accommodatc thc conncctions shall bc
I providcd by thc Customer to the City.
I 8. The Customer shall, contemporaneously executc and dcliver to thc City an
Irrevocablc Special Power of Attorncy granting to thc City thc powcr and authority to cxecute and
! advance on behalf ofthc Customer a voluntary petition for annexation. Customer covenants that it
I shall coopcratc with the City and not raise opposition or challenge to such annexation if and when
I annexation is initiatcd. The property shall bc subject to annexation at thc option ofthc City at any
I time thc property is cligiblc under any available means or mcthod for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
, irrcvocablc special powcr of attorncy, but Customer's failure to provide such noticc shall not
! constitute a defcnse or bar to the City's rights as set forth hercin. Thc Customer acknowledges that
I the considcration of initially connecting to thc City's watcr suppIy is sufficient to support the grant of
. thc powcr of attorney any subsequcnt disconnection or lack of scrvicc shall in no way impair the
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i: powcr of attorncy nor constitutc a diminution or lack of consideration.
9. Annexation is intcnded to be and is hcrcby made a covenant mnning with the land
dcscribed in Paragraph 1 of this Agrecment. This Agreement and thc powcr of attorney rcfcrenced
hcrein is to bc recordcd in the Public Rccords of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transfcrees, grantccs, heirs, successors and assigns.
10. II is agreed that the City shall have no liability in the event therc is a reduction,
impairmcnt or termination in watcr scrvicc to be providcd under this Agrccment due to any
S:\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
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prohihitions, rcstrictions, limitations orrequircmcnts oflocal, rcgional, Statc or Fedcral agencics or
other agencies having jurisdiction over such mattcrs. Also, thc City shall have no liability in the
event there is a rcduction, impairment or termination of water servicc duc to acts of God, accidcnts,
strikes, boycotts, blackouts, fire, earthquakcs, other casualties or other circumstanccs beyond the
City's reasonable control.
11. The Customer hcrcby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Membcrs of the City Commission, Officers, employccs and
agents (Both in their individual and official capacitics) from and against all claims, damages, law
suits and expenscs including rcasonable attorncys fces (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from thc Customcr's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of titlc.
]2. No additional agreements or reprcscntations shall be binding on any of the parties
hercto unlcss incorporatcd in this Agreemcnt. No modifications or change in this Agreement shall bc
valid upon thc parties unless in writing executcd by thc parties to be bound thereby.
]3. Thc Customer warrants to thc City that Customer holds legal and bencficial titlc to the
I property which is the subjcct of this Agrecmcnt.
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! S:\CA\AGMTS\Water Service\Walct Service Agre~'fficnt - Rev J.6-{)6.doc
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AGREEMENT }'OR WATER SERVICE OUTSIDE THE CITY LlMITS AND
COVENANT FO~NEXA!)ON BETtEEN THE CITY OF BOYNTON BEACH AND
~O"9C- O""rjl (INSERT NAME)
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IN WITNESS WHEREO~ the parties hereto havc sct thcir hands and seals this ~ g day of
,. Nove I'\A.-p-e r , 200 .
WITNESS:
f. ~J.~AfI:J~u...6u' lJfYIrJl]Z
Witness Si aturc
UhprrTt- ~U hf'(mn II)
Printed Wi ess Namc
Witness Signature Owncr Signaturc
Printed Witness Namc Printcd Owner Name
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WitnessSignaturc
Printed Witncss Name
FOR INDIVIDUAL(S) NOT ARIZA TION:
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I STATE OF )
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I COUNTY OF t<.{Ilt'tlcL) .
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I HEREBY CERTIFY that on this day, before mc, an officcr duly authorizcd in the State
a~said and. in th: County aforesaid to take acknowledgments, personally appcared
eor e to me known to be the person(s) dcscribed in and who
executcd heJoregoing instrument that he/shc acknowlcdgcd beforc me that he/she cxccuted the
same; that the individual was personally' known to me or providcd the following proof of
idcntification: Fior.JIN iJrllier l'ce';.,-R-- .
WITNESS my hand and official seal in the County and State last aforesaid this ~ dayof
-No V~,,( .hB'L , 200~.
" (Notary Scal) <-~~ .~,
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! ~ Me. . .'*'=::::-
, y ommlsslonic . ~3I'12C08 Notary Public
:' . Bonded thN (BOO}432-42~
: ~"'t\.~ Aoridll Notary AS5n.. ,Inr.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR AN~XATION ft;WEEN lHE CITY OF BOYNTON BEACH AND
6')~~ M f'I( (INSERT NAME)
CITY OF B YNTON BEACH, FLORIDA
a Florida m icipal orporation
Kurt Bressner, City Manager
Approved as to fonn:
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1: STATE OF FLORIDA )
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, COUNTY OF PALM BEACH)
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, I HEREBY CERTIFY that on this day, bcfore me, an officer duly authorized in the State
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aforcsaid and in the County aforcsaid to take acknowledgmcnts, pcrsonally
appcared JfWli; BA'<'<'A.(tA..I ,CityManagcrand ~I.t.' jJ./J""';'~ ,
City Clerk respectively, of the City namcd in the forcgoing agrccmcnt and that they scverally
acknowlcdgcd executing samc in thc prescnce of two subscribing witnesses frecly and voluntariIy
undcr authority duly vested in thcm by said City and that the City scal affixed thereto is thc truc
corporate seal 'a'iIixcd thcreto is the true corporatc scal of said City.
r;:'ITNESS my hand and official scal in the County and Statc last aforcsaid this' ci day of
. u.....^Cf ,2007.
(Notary Scal) ~ m ~
Notary Public
My commission expires:
'~r' VAlORlE MOATS
['( ) MY COMMISSION' DO 346198
"'~.. .ff/t1 EXPIRES: September 17, 2008
.r.", DonclldThroNola/yPubfteUnderw_
S:\CA\AGMTS\Water Service\Water Service Agreement ~ Rev 1-6-06.doc
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doadyand Ezral. P.A.
3099 East Commercial Blvd.
Suite 200
FI. lauderdale, Fl 33309
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lRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF &. ( IIA f-ead
1!We, G::'eo rj e I~ w. r ,~A. , hereinafter "Grantee",
. hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
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lawful attorney in fact for Grantee and in Grantcc'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 propcrty described herein into the CITY OF BOYNTON BEACH.
This power shall extend to thc ClTY OF BOYNTON BEACH full and complete authority to act
i' on Grantec's behalf to accomplish annexation by any available means. The real property which is
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I' the subject of this power is described as follows:
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The powers and authority of my attorney, THE ClTY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and cffect on the OJ,fl1-. day of
)JtJjleho...hpr , 20Q/;, and the powcrs and authority shall be irrevocable by Grantee.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the:?(f<N- day of
Novei0,e( , in the ycar 20~.
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Scaled and delivered in thc prcsence of X ~~ ~\~
d c . (llw:4 - J1 uJJWVYLfliJrC
. ~itncss Signature ~ b Owner Sig urU 0,
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Print Name Print N' e
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Witncss Signaturc Owncr Signature
Print Namc Print Namc
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~ i STATE OF FLORIDA )
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" COUNTY OF PALM BEACH )
I beforl: me this :J.f<h day of
/J!t. TIIE FOREGOING INSTRUMENT was acknowIedgc
, 011 erJre (' , 200 --'.fL, by . 0 (' .~ ~ t., and
, who known who have produced
, are 0 mc or
Plo r;gI /J- :P,L, , as identification and whomrt/did not take an oath.
~~. G-ClL.~
NOTARY PUBLIC AI - . i'
J14'1f. COlt IIV
Type or Print Name
Connnission No.
My Commission Expires:
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Palm Bcach County Property Appraiser Property Search System Page I of I
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Property Information
Location Address: PEAK RD li"f'i'':/I'L'!!f.~a,~f'f'fffijl
Municipality: UNINCORPORATED
Parcel Control Number: OO~43-4S-09-09-000-2240
Subdivision: RIDGE GROVE ADD llN
Official Records Book: 18928 Page: 634 Sale Date: Jul-2005
Legal Description: RIDGE GROVE AOD NO 1 L T 224
Owner Information
Name: HOMRICH GEORGE Ifj;;~e:'10"Qv!Q~I~'~fi~1
Mailing Address: 1050 PEAK RD
LAKE WoRTH FL 33462 5922
Sales Information
Sales Date Book/Page Price Sal~"Type Owner
Jul~2005 18928/0634 $152,500 WARRANTY DEED HOMRICH GEORGE
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year: 2006 2005 2004
I Improvement Value: $0 $0 ~r Tax Year 2006 I
land Value: $35917 $0 Acres: 0.0918
Total Market Value: $35 917 $0 $0
Use Co_de: 0000 Description: VACANT
Assessed and Taxable Values
Tax Year: 2006 2005 2004
Assessed Value: <35917 0 0 1":Sc\r,!!~!;'t~.t,<!I1:l1
, Exemption Amount: <0 0 0
Taxable Value: $35917 0 0
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Tax Values
Tax Vea..: 2006 2005 2004 Itff~f9!!~!.i\\!H2,,j1
Ad Valorem: $656 0 0
Non Ad Valorem: $0 0 0 I !fe,,'Oetalls'''''f,1
Total Tax: $656 0 0 tLv,..,,,,,..".,,,...,,,,,=..,..,~,:.;'S:::'1;;;;';ili':l
Tax Collector WebSite
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detail on one page.
, Record SeMch Ilrlformation I Exemptions ICommunity I Ernployment I New,HQrneQuyer I Office Locat.ions
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, Value AdjUstment Board I 5_011'10 OUt Homes I SeniOf",Corner I o.isclqirner
, H0l11e I Li(lks I Glossary I FAQ I ['orms I Contac,t_Us I PAPA
<l2) 2004 ~)alm Beach county Property Appraiser.
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http://v..'Ww.co.pal m-bcach.fl. us/papa/aspx/web/detail_info.aspx?p _ cntity=0043450909000... ] 2/5/2006
Page I of]
Gary R. Nikolits,CFA
Palm Beach County Property Appraiser
Property Mapping System
Search'- \ I. Pi! reel Details I
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:UOO VIi) 2no :mo :u.. Owner Information
peN: 00434509090002240
I r'Ri!h.frilIOPAPA (I
Name: HOMRICH GEORGE
--, 5'",' ..~,~ Location: PEAK RD
Mailing: 1050 PEAK RD
LAKE WORTH FL 33462 5922
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I 2005 Preliminary Assessment
Market Value: $35,917
Assessed Value: $35,917
Exempt Amnt: $0
227. * Z23<l Taxable: $35,917
=<> 2200 2005 Estimated Tax
Ad Valorem: $0.0
Non ad valorem: $0.0
Total: $0.0
I -i 2<lOO Sales Information
I Sales.Pate ~rjce
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I Jul-2005 152 500
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:07.0 2110 2120 21300 2141
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Lcgcnd Palm Beach County Property Map
D Parcel BOlfldary Map Seale 1:788
~ Lol nunber Mil[l producer.! on 12/5/2006 from PAPA
hnp://www.phcgov,com/papa
http://gisweb.co.palm-bcach. fl. us/ipapagis/presentation/mapping/printncw ,asp?MA PURL=... 12/5/2006