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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 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this ~ day of February, 2007. Attest: .~ CITY OF BOYNTON BEACH, FLORIDA ----- // / / / /' ~ /~/ S:\CA\RESO\Agreements\Water Service\Barrera (Maria) Water Service Agreement.doc "" -~)-~- -/ 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 3 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 3270 07 2 0080 0091 0100 0110 0120 ... I I 0130 0140 0070 0080 0090 I I I I ../ I I. ~BROWN RD - --- - - 1 in. = 184.1 feet " \ 0070 0060 0050 0 .0050 0060 0070 0040 0030 0020 0010 0080 0090 0100 0110 .60 3170 3200 322032303240 3250 03050 3030 3020 3000 2980 2960 2950 30 2550 2560 26002610 2620 2640 o 2420 2380 2360 2340 1920 193. 195019601970198019902000 2010 810 1791 1780 177017601750174017301720 1710 0810 I 0791 0771 0760 0750 0730 07200710 930 0950 0980 0991 10101020 1030 1141 1130 1120 1100 1090 1061 1050 1280 1300 1311 13401350 1360 90 1390 3290 3310 3321 33313350 3360 3380 3400 3410 0281 0250 0240 0262 07 2930 2910 2890 2871 2850 28402830 2810 2800 0280 0220 072 2650 2670268021.0270027102720 2730 2780 2790 2750 0210 0290 070 0200 2330 "" "GO "'''''0221~'''' "20 "GO 2030 2040 2060 2070 2090 21102'i0\2130 12141 I .' I 0660 0190 0320 069 2180 0171 0330 0671 2160 0160 0341 0150 0360 0641 1690 16801670166016501640 1622 1610 1600~5901580 1560 0631 0140 0130 0371 0120 0390 07000690068006700660065op6.lIOt30062oo61oo60oo590 0571 0560 I I 0610 0110 0100 0100 0400 0410 0600 11410 0420 0440045004600470 0481 0491051005811.3005400550 0420 0590 0080 (14000390 0370 0360 0430 0570 0330 0070 0440 028002700260 0050 0450 0560 .160 0170 0190 0200 0540 0220 02400250 1561 0030 0530 1560 0010 0150 0130 0120 0100 I I I I 0080 00700060 00500040 0020 0510 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 ~ I..~ 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. 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 1___~Q'4~rf{l!~~~M~j Lb"k~~,gase~0b~,;,;,,,,J http://www.co. palm-beach.f1. us/papalaspxlweb/allOwner.aspx?entity _id=004345090900021... 1/9/2007