R07-020
II
1 RESOLUTION NO. R07- C~ 0
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
8 CITY OF BOYNTON BEACH AND MARIA BARRERA;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1049 Highview Road, Lantana, Florida (Ridge Grove
14 Add No 1, Lot 212); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
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 Maria Barrera, which Agreement is attached hereto as Exhibit "A".
29
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Barrera (Maria) Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of February, 2007.
Attest:
.~
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\Water Service\Barrera (Maria) Water Service Agreement.doc
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i 'III !I III il III II ~Il !i IIi il ill Ii fll !I III II 111111111 1111
THIS INSTRUMENT PREPARED BY:
Jame A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CF'N :':::::'O:":U:Jl'. ::;.2
OH BI-<. 21. "14:: },-:::: O,gE,(:;,
RECORDED 02' :~]/2 OO~; lJ.: 57: 04
Palm Beac:h COlmtJ'. F'l.'Jrida
Sharon Ii:. Bl)clt, CLERK Il. COMPTROLLER
Pgs G86E, - i~7:); (lOpg:3)
R07-,OGlO
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA DON
THIS AGREEMENT made on this ~ day of ~.~~, 200 -.:a:, by and between
hi1.J-/i} ;;: elf RR~-1if . . ~eremaft~~ called the ."Cmto~er", and the
CITY OF BOYNTON BEAC , a mUnIcIpal corporatIon ofthe State ofFlonda, heremafter 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 sen'ice 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:
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)
2. The Customer and the City hereby agree that there are L.!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 conformance with all codes, rules and regulations
applicable to the installation and maintenance ofwater 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
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 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 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 ofthis property ofthis 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 1-6-n6.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.
II. 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 ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Water Service\Water Service Agreemenl- Rev 1-6-06.doc
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXA nON BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this L day of
r.{/b~ ,200'1
WITNESS: '
V~q ~~
. Witness Signature^1'I . II
y'eJ met ~f Y I J ~ -r
Printed Witness Name
a ,cJu~LAJ}'Y'i1/(
rns Si aturt .
. p(r~ - lLbenno.~
Printed Witn ss Name
INDNIDUAL(S) AS OWNER(S):
_~./~ cKvJ~
Owner Signature
frl /.}-Pt/ '/.). E I?,t} R R ~/r,4}
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATEO~ )
COUNTY OF{JQi!nt&tlss:
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}1aria/ f lJa .,re~O"1 ./ 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: F"L J)L 8'''0- 546- i/8- fdl--o .
(1,M WITNESS my hand and official seal in the County and State last aforesaid this 'I f:k, day of
i"".QP~ ' 20ifJ-.
(Notary Seal) .........,... ~ /J1 jto,L;;-
My Commission e MY COMMISSION' DO 346198 Notary Public
EXPIRES: September 17, 200e
BonaecI Tllru NoIIry PuIIlIc ~
AGREEMENT FOR WATER SERVICE OUTSJDE THE CJTY LJMJTS AND
COVENANT FOR ANNEXATJON BETWEEN THE CJTY OF BOYNTON BEACH AND
(lNSERT NAME)
City CI
YNTON BEACH, FLORJDA
icipal corporation
Kurt Bressner, City Manager
ATTEST:
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 af~resaid to take ackn~wled,1?illents, personally
appeared Kll-.r+-E r'f' 5S n ~ V , CIty Manager and 00 y\.p -,t ~ l Y\ t -t-o ,
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 ~ day of
\~). ~lM-tt..lLhvI ,200!l.
(Notary Seal) Cl' -U;j~-u m f)(l.~
Notary Public
My commission expires:
"'-;;'~'~"'" VALORIEMOATS
!J"I.....~:.. MY COMMISSION II DO 346198
~:. . EXPIRES: September 17, 200S
"1,>'; Bonded llvu Notary Public Undenillt.rs
S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
5
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Location
1 049 H ig hview Rd
cr
THIS INSTRUMENT PREPARED BY
James A. Cherat. Esquire
Goren. Chercl, Doody and Ezml. P.A.
3099 Easi Commercial Blvd.
Suite 200
Ft. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IlWe, /Y!itJ.-(/) f; Bn RtV G ~ II
, 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 descnDed 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 -L\~- \..( 5 - oq - o~ - ~ \ QO
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~ day of
\~lI~i ' 20cil and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
~~~ in the year 2O(f/.
, Sealed and deJivered in the presence of
~a~
Witner Signature I II
'Ie mtt vY7 I e r
Print Name
Q. (l.L ~HjllflJnruJf
Witness Sign ure
~ . ~herr~- (bIt bermQl;1
Print Name
~-<-'C.... C~v~
Owner Signature
f';f 4 }t (/9 G B i+- PI? G R4
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
~ THE FOREGOING INSTRUMENT was acknowledged befure me this ~ day of
.v!, 20ffL, by I)1QY' ;a~ Bet ,.. f -e1^t:.L/ and
, who are known to me or who have produced
F).. n J.-. , as identification and who did/did not take an oath.
8f,(,{}..S4S.-tf8, e~J-O t/ ~ ~
::my PUBUC m
rr'~ }1fJll.t6
Type or Print Name
,'....1Jr::......
.~\'fo'.:~. VAlORIE MOATS
l*:i): ~ MY, COMMISSION. DO 346198
\\":l\, " EXPIRES: September 17, 2008
~,,\\I llcIldect 1'llru NoIary l'uIlIic UndIrlirilIrI
My Commission Expires:
Commission No. lJ D .3 tJf, J q ~
S:'CA\AGMfS\Water Service'flower of atty. doc - 1-6-06
H:\I990\900 1 82.BB\AGMf\Power of Attorney-lnd 1-30-06.doc
Palm Beach County Property Appraiser Property Search System
Page I of2
Location Address: 1049 HIGHVIEW RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2120
Subdivision: RIDGE GROVE ADD llN
Official Records Book: 11992 Page: 99 Sale Date: Aug-2000
Leg",1 De$Cription: RIDGE GROVE ADD NO 1 L T 212
Owner Information
Name: BARRERA MARIA E
Mailing Address: PO BOX 618
WEBSTER FL 33597 0618
Sales Information
Sales Date Book/Page
Price S",le Type
Owner
Aug-2000 l1g9U0099
Dec-1999 11534109Q3
Mar-1998 1.0295/1.932
$45,000 WARRANTY DEED BARRERA MARIA E
$32,200 WARRANTY DEED BENDELE JOHN W 2ND
$100 WARRANTY DEED ADAMS MELVIN A JR
~'" .,0J!
~s,l
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2006 200S 2004
60.195 41.243 $36.685
35.917 23.323 $12.815
96.112 64.566 $49.500
Tax Year 2006
Number of Units: 1
*Total Square Feet: 753
Use Code: 0100 Description: RESIDENTIAL
* 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:
I~c:--MJ l.t.i--.D-".l l&fu~'-:~' ~,u" ,.1
~
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Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations
http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p_entity=00434509090002...1 /9/2007
All Owner
Page I of I
All Owner(s)
peN Number:
00-43-45-09-09-000-2120
Owner Names
BARRERA MARIA E
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http://www.co. palm-beach.f1. us/papalaspxlweb/allOwner.aspx?entity _id=004345090900021... 1/9/2007