R07-038
, ,
1 RESOLUTION NO. R07- 038
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 NU DAO, HENRY
9 DAO AND PATRICK DAO; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1099 Seagrape Road, Lantana, Florida (Hypoluxo
15 Ridge Add 2 Lot 54); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 located in the San Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 vicinity, allowing for the 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 Nu
29 Dao, Henry Dao and Patrick Dao, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Dao Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of April, 2007.
CITY OF BOYNTON BEACH, FLORIDA
~
\
Attest:
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S:\CA \RESO\Agreements\Water Service\Dao Water Service Agreement.doc
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THIS INSTRUMENT PREPARED BY:
Jame' A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Corrnnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
erN 20070204054
OR BK 21669 PG 1829
RECORDED 04/26/2007 16:51:58
Pal. Beach County, Florida
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 1829 - 1842; (14pgs)
R07-038
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
THIS AGREEMENT made on this ~ day of Feb ruo...ry ,200 L, by and between
hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter 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 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 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:
1. 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 li 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 reguhltions 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 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
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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 Attorney granting to the City the power and authority to execute and
advance on behalf ofthe 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 of the 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 cOlL'1ecting 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] -6-D6.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.
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 ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S :ICA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the _ day of
, in the year 20_.
Sealed and delivered in the presence of
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STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
, THE FOREGOING INSTRUMENT was ac~edged hefure me this,ag1L day of
~ 1M..ua1r-fL-, 20f!1, by J-k,.,J>Cf Wrl.o i ~u;k JtrW9- h.l1 AOrtf) and
U , who are known to me or who have produced
P-I L!1JUl-'-e'V '(J~>:~ , as identification and who did/did not take an oath.
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Type or Print Name
Commission No.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
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Bressner, City Manager
As
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 aI?d in tbe County . 'il~resaid to take acknowledgments, personally
appeared fA:. J L~d FI-a:l-crt.M /l.5~City Manager and ~AUJ Ph/U~~ ,
City Clerk resp ctively, of the City named III 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 (. J'eI.- day of
n~A.; V
L/VF ~.f.-, , 200'+" r
(Notary Seal) lJ~ i17trt:tk
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S:\CA \AGMTS\Water Service\Waler Service Agreement - Rev 1-6-06.doc
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THIS INSTRUMENT PREPARED BY:
James A, Cheraf, Esquire
Goren, Cherof, Doody and Ezrol. PA
3099 East Commercial Blvd,
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IlVVe, Patrick Dao, Nu Dao and Henry Dao
, 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 of this power is described as follows:
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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
, 20_ and the powers and authority shall be irrevocable by Grantee.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
,200_,
W:qNESS:
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FOR INDIVIDUAL(S) NOT ARIZA TION:
STATE OFj..-e.{\-lQ~~ )
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COUNTY OFfJc~P11' &(P('~-1
INDIVIDUAL(S) AS OWNER(S):
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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
Prl'fl ~~j;l R-Jrll' k-n.J..C:Y t1J.Nf! II! 1 tho 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:~..e_ JD .ft-"'l.~JJ ?f?LI .
WITNESS my hand and official seal in the County and State last aforesaid this ~ F)rJ:-. day of
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(Notary Seal)
My Commission e
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Palm Beach County Propeliy Appraiser Property Search System
Page 1 of2
Location Address: 1099 SEAGRAPE RD
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Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-14-000-0540
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 07813 Page: 0810 Sale Date: Jul-1993
Le9al Description: HYPOLUXO RIDGE ADD 2 LT 54
Owner Information
Name: LUU NU DAO &
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Mailing Address: 1099 SEAGRAPE RD
LAKE WORTH FL 33462 5953
Sales Information
Sales Date Book/Page
Jul-1993 07813/0810
Feb-1987 05189/0684
Dec-1986 05112.11192
Price Sale Tyoe Owner
$100 QUIT CLAIM LUU NU DAO &
$72,000 WARRANTY DEED
$100 QUIT CLAIM
Exemptions
Regular Homestead: $25,000
Tota!: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use CQc!ie: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
2:006 2005 2004
$137,384 $105,880 $91,591
$41,951 $30,510 $24,408
$179,335 $136,390 $115,999
Tax Year 2006
Number of Units: 1
*Total Square Feet: 1900
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ssesse an axa e a ues
Tax Year: 2006- 2005 2004
Assessed Value: $76 528 $74,299 $72 135 l:}.Str~~r:"'tl!i;~
Exemption Amount: $25,000 $25,000 $25,000 ~btH';?>_P ~!~mmc" ,:;-..x..--e*E
Taxab!e Value: $51,528 $49,299 $47 135
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006- 2005 2004
$941 $939 $919
$264 $243 $191
$1.205 $1 182 $1,110
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Recor,L,'2farcb I r.xerngtion E' File I Information I t;:xemDtlons I Community I Emplovment I NevL,Home Buver I Qftce Locations
http://www.co.palm-beach.f1.us/papaJaspx/web/detailjnfo.aspx?p _ entity=0043450914000. ,. 2/15/2007
All Owner
Page 1 of 1
AI! Owner(s)
peN Number:
00-43-45-09-14-000-0540
Owner Names
DAD PHI HUNG &
DAD PHI LING ~ ~ l-
LUU NU DAD &
http://www.co.palm-beach.fl.us/papaJaspx/web/allOwner.aspx? entity _ id=00434509140000.,. 2/15/2007
This Instrument Prepared by:
David N, Tokes, Esquire
GOREN, CHERGF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
AFFIDA VIT
BEFORE ME, the undersigned authority, personally appeared PATRICK HUNG DAO,
who being by me first duly sworn, deposes and says on oath as follows:
1. That Affiant is an owner of the following described real property (the "Property"):
Lot 54, HYPOLUXO RIDGE ADDITION NO. 2, according to the plat
thereof as recorded in Plat Book 27, Page 199 of the Public Records of
Palm Beach County, Florida,
2. That by virtue of certain Warranty Deed dated February 26, 1987 and recorded in
Official Records Book 5189, Page 684 of the Public Records of Palm Beach County,
Florida, he acquired title to the Property as Phi Hung Dao,
3. Subsequently, title to this property was transferred to Nu Dao Luu (Wife of Grantor),
Phi Hung Dao, married and Phi Ling Dao, single, as tenants in common, by virtue of
certain Quit-Claim Deed dated July 23, 1993 and recorded in Official Records Book
78l3, Page 810 of the Public Records of Palm Beach County, Florida.
4. Affiant hereby certifies that he is the one and the same person as Phi Hung Dao and
Patrick Hung Dao.
5, That this Affidavit is given in connection with the Water Service Agreement between
Affiant and the City of Boynton Beach.
FURTHER AFFIANT SA YETH NAUGHT.
~d)~[).=J
v'PATRICKHUNG AO
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this /~ ~~ day of
I' 4.{' /t/ , 2007 by PATRICK HUNG DAO, who is personally known to me or who has
-
produced a Florida Driver's License, as identification and who did take an oath,
2;;k~.-e-- m~~
NOTARY PUBLIC
My Commission Expires:
....:;.t;..... VALORIE MOATS
.:{f'&~).... MY COMMISSION /I DO 3~6198
w.~F EXPIRES: September 17, 2005
, ":':r;~~~~ Bonded Thru Notary PubliC UndtMnltrs
This Instrument Prepared by:
David N, Tokes, Esquire
GOREN, CHEROF, DOODY & EZROL, P,A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
AFFIDA VIT
BEFORE ME, the undersigned authority, personally appeared HENRY DAO, who being
by me first duly sworn, deposes and says on oath as follows:
1. That Affiant is an owner of the following described real property (the "Property"):
Lot 54, HYPOLUXO RIDGE ADDITION NO. 2, according to the plat
thereof as recorded in Plat Book 27, Page 199 of the Public Records of
Palm Beach County, Florida,
2. That by virtue of certain Warranty Deed dated February 26, 1987 and recorded in
Official Records Book 5l89, Page 684 of the Public Records of Palm Beach County,
Florida, he acquired title to the Property as Phi Ling Dao.
3, Subsequently, title to this property was transferred to Nu Dao Luu (Wife of Grantor),
Phi Hung Dao, married and Phi Ling Dao, single, as tenants in common, by virtue of
certain Quit-Claim Deed dated July 23, 1993 and recorded in Official Records Book
7813, Page 810 of the Public Records of Palm Beach County, Florida.
4. Affiant hereby celiifies that he is the one and the same person as Phi Ling Dao and
Henry Dao.
5. That this Affidavit is given in connection with the Water Service Agreement between
Affiant and the City of Boynton Beach.
FURTHER AFFIANT SA YETH NAUGHT.
STATE OF FLORIDA
COUNTY OF PALM BEACH
jt. , ~
HE~
The foregoing instrument was acknowledged before me this ~g-c:L day of
c1:iv ,2007 by HENRY DAO, who is personally known to me or who has produced a
Florida Driver's License, as identification and who did take an oath.
7;;!J,~, I1J hltJ
NOTARY PUBLIC
My Commission Expires:
............ VALORIE MOATS
A~:r.b~~. MY COMMISSION' DO 346198
ll:;,~':'$ EXPIRES: September 17. 200~
'1' >:'i...,,~' BondedThruNotarypublicUnderwrile..
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.~
The City of
Boynton Beach
City Clerk's Office
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
April 23, 2007
SHARON BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY
RECORDING/ABSTRACT
PO BOX 4177
WEST PALM BEACH FL 33402
ATTENTION:
Millie Mendiola
Dear Ms. Bock:
RE: ACCOUNT #1031 - 14 PAGES = $121.10)
Please record the following 14 pages as one (1) individual document:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL
POWER OF AlTORNEY
R07-038
If you have any questions, please do not hesitate to contact me...
Very truly yours,
CITY OF BOYNTON BEACH
c: Pete Mazzella
Central File
PBC Recording Folder
S:\CC\WP\PBC recording\Water Service Agreements\Cover letter for Water agreement R07-038 - 04-23-07,doc
':An Equal Opportunity/Affirmative Action/ADA Employer"