R07-069
II
1 RESOLUTION NO. R07- CXo 9
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 JAMES AND LINDA
9 FORD; 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 3927 89th Road South, Boynton Beach, Florida; and
14 WHEREAS, the parcel covered by this agreement includes a single-family home
15 located in the unincorporated portion of the City's utility service area; and
16 WHEREAS, a water distribution main is already existing allowing for the service to
17 this parcel; and
18 WHEREAS, no additional construction will be required by the City to serve this
19 property.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
27 James and Linda Ford, which Agreement is attached hereto as Exhibit "A".
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Ford Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of July, 2007.
CITY OF BOYNTON BEACH, FLORIDA
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Attest:
S:\CA \RESO\Agreements\Water Service\Ford Water Service Agreement.doc
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Otflee of the City eler'
City of Boynton B-'.'
P.O. Box 310 ~,~_
Boynton B_~.'''.''HPREPAREDBY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
ilijm~~"m"Mr~~~~~~m~mll
CF'N :,1~~1(!l7(;:: :)11'~..!:
OF~ BJ< 21.<j::,=, PU 1397
RECORDED ~~:' l:~0J WU 16: 14:: :,8
Palm Be.3ch CCUll :}', Florija
Shm"on H. E:ock~ :LE,~]( & COMPTROLLER
Pg~; 1397 - 1406 (H~IJ9S)
KO 7 - (A =t
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
THIS AGREEMENT made on this J l; ~daY of ---.M trt2.cM:~ 200 j~:" by and lx:tween
0.\\M~~ t\-v\~ Lu)Oo. .rOaD hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the Ci1y 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 gran1t 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 selvice 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 it!; MUl[]~dJPal Water
System to service the real property described as follows and which Customer represents ilS owned by
Customer: (Exhibit' A)
2. The Customer and the City hereby agree that there are _ i-lfEquivalent Residential
Connections which-City shall service.
3. The Customer agrees to pay all costs and fees of engineering, mate:rilal, labor,
installation and inspection of the facilities as required by the City of Boynton Bc;:adl Code of
Ordinances or Land Development regulations to provide service to the Custoffil~r's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and f(~gulatiol1s
applicable to the installation and maintenance of water service ~~t~g ~~/Al'>!lEfr's pre:mises.
1
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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
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
cons!itute 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.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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
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 &<fditional 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 of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1f1 ~day of
tv\~{Lc.k ,2002-.. -
~~~~
~itness Signa "
~Q,f)\~ L. ~1A-1l<:~~-ttf.,
Printed Witness Name
~~~
WItness SIgnature
INDIVIDUAL(S) A~R(S):
~A-M~ 1) . Orn~
Owner Signature
~ ~YY\E5 1), We-I)
Printed Owner Name
~ t\1-€ ~. \-1-1\ H\€.S
Printed Witness Name
3
rinted Witness Name
/J}~~
Witness Signature
b+f... ~. rrPr.lf\eS
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that <;m this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
-.JAmes {) . FOI?-O aJ.... /jrJDA e. rc){2.v 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: i( tV VLV n
WITNESS my hand and official seal in the County and State last aforesaid this /811 day of
IYJA!2LlJ ,200$
(Notary Seal)
..,~""", JANETT M. CORRy
!~iJ.'~~ MY COMMISSION # 00186443
tj .~ EXPIRES: March 23. 2007
~~. ..\t~;'" BoodBd Thru N01ary Nllic UndetWril9l1
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! olary Public ~
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
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 aforesaid to take acknowledgments, personally appeared
, City Manager and , 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
,200_.
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
THIS INSTRUMENT PREPARED BY:
James A, Cherof, Esquire
3099 East Commercial Blvd,
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF VPrL fY\ P.J~
INVe, ~<C:> Ir\t\\? L." 1\00.. Fo~
, 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 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
avanable means. The real property which is the subject of this power is described as
follows:
,00 '4"J C4 r- IS'O 0&>00 73 'if)
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
- FLORIDA, shall commence and be in full force and effect on the -18-fb,. day of
M~t2--(..~, 20u) and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the te, ~
day of M~fZC,w- ,in the year two thousand and +- \ ~~ . -
Sealed and delivered in the presence of
#re~
HArbOl! L.13I~
Printed Witness Name
I)f~~
Witness Signature
0~s -pj;;.Q
Owner Signature
o ~M~ D . ~(2.D
Printed Owner Name
~
~~+i.~' l~tl\es
Printed Witness Name
~ J)r f-'l.- ~. -l-r A-I ~f. s
Printed Witness Name
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Printed Witness Name
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wne ignature ( . .
L,'AJb4 6"' h,d:>
Printed Owner Name
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Witness Igna ure
STATE OF FLORIDA
)
) ss:
)
COUNTY OF PALM BEACH
THE FOREGOING INSTRUMENT was aCknOwle~d before me this le~ay
of -M-Cc~ , 20~, by ~A-1VlCC'5 rDa--O and
--.1-1 \J~ ~ FOfl..n , who are known to me or who have produced
, as identification and who did/did not take an oath.
~~~BJ1.Crwy
Type or Print Name
Commissi"" u_ N'\CAV
\\l'U"" "".,... I 86443
.~l:""'.~... MV COMMISSION # 00 ~
~: ~:~. EXPIRES: March 23, 200~ ~
~. .:rf Bonded ThlU NolBI'/ p\JlliC llnde1W
"'~Rf.~~
My Commission Expires:
POA.IND
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 392789TH RD S
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
LegaJJ:>escription:
UNINCORPORATED
00-43-45-18-00-000-7340
Page: Sale Date:
18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 429 FT OF SEC
Owner Information
Name: FORD JAMES D & LINDA E
~"'---''''J...I
Mailing Address: 3927 89TH RD S
BOYNTON BEACH FL 33436 2401
Sales Information
Sales Date Book/Page
Dec-1984 04431/0432
Price SaleType Owner
$20,000 WARRANTY DEED
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2566
Acres: 0.2274
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
l.-J
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
I~
Tax Collector WebSite
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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.
R.~~Qrcl5~ar~h , Exemption E~FiI~ , InfQrmiltiQO 'Ex~mPtiQf1S 'Community I EmploYm~nt , N~w tjomeeLly~r , Offic;eboc;iltions
VqlueAcljugm~f1teoilrd , Sav~ QULHomes I SenioLCorner , Oisc;lilimer
H(lme , Links' GIOSSilry , FAQ , Forms, CQntil.ct...U.S , .PAPA
~) 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fl.us/papal aspx/web/ detail_info. aspx?p _ entity=004 34 518000007340&geonav=...
6/7/2007
Structural Detail
Page 1 of 1
Owner Name:
PCN Number:
FORD JAMES D
00-43-45-18-00-000-7340
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1 I I I
Structural Element for Building 1
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. SFR
1. Exterior Wall 1
2. Year 8uilt
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Extra Feature
Description
GAZEBO- WOOD
Patio
POOL - IN-GROUND
Screen Enclosure
UTILITY BUILDING
BELOW A V
1985
HTG 8r. AC
FORCED AIR DUCT
ELECTRIC
2
2
o
N/A
GABLE/HIP
MODULAR MTL.
DRYWALL
N/A
CARPETING
N/A
2
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1288
2. FGR FINISHED GARAGE 350
FOP FINISHED OPEN 184
3. PORCH
FUS FINISHED UPPER 744
4. STORY
Total Square Footage: 2566
Total Area Under Air: 2032
120"-= .,,' '.........."<",,1
Year Built
2001
2001
2001
2001
2001
Units
140
1130
83
2282
960
Zoning
AR
o
Units
Acres
1
~~
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Record Search I Exemption E~File I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations
Vi,llue AdJlJstmentl30ilrcJ I Save Our Homes I Senior Corner I Disclaimer
Home I Links I Glossary I FAQ I Forms I Conti,lct Us I PAPA
(c) 2004 Palm Beach County Property Appraiser,
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_inf02.aspx?p _ entity=00434518000007340&Owner _'" 6/7 /2007
-...~.~
.
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
Page 1 of 1
7161 7140
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Owner Information
peN: 00434518000007340
.~~U,._.pt
'7230 I 7170
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Name: FORD JAMES D &: UNDA E
Location: 3927 89TH RD S
Mailing: 392789TH RD S
BOYNTON BEACH FL 33436
2401
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
r s~~;~~;;:ation
0010
0041 0071 0111
0141
0171
lIZlI1
0010
11431
0401 0061 <<>31
0301
11271
lI24lI
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Legend
c=J Parcel Bomdary
~ Lot nUnDer
Palm Beach County Property Map
Map Scale 1:2351
Map produced on 6/7/2007 from PAPA
http://www.pbcgov.com/papa
pri~$20,ooJ
http:// gisweb .CO, palm- beach. fl. uslipapagis/presentation/mapping/printnew .asp ?MAPURL=http:1 1 gisweb. co.... 6/7 12007