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R07-068 II 1 RESOLUTION NO. R07- 0<08 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 CAROL AND 9 DENNIS BRANDYBERRY; 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 3926 89th Road South, Boynton Beach, Florida; and 15 WHEREAS, the parcel covered by this agreement includes a single-family home 16 located in the unincorporated portion of the City's utility service area; and 17 WHEREAS, a water distribution main is already existing allowing for the service to 18 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 Carol 28 and Dennis Brandyberry, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 31 S:\CA\RESO\Agreements\Water Service\Brandyberry Water Service Agreement.doc " 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 PASSED AND ADOPTED this ~ day of July, 2007. CITY OF BOYNTON BEACH, FLORIDA --=====-"-- .-! -".-~---,~"-- -.----- Attest: '--_.:::,....<:-~/ S:\CA\RESO\Agreements\Water Service\Brandyberry Water Service Agreement.doc Return to: (enclose self-addressed stamped envelope) I 101 ~ HI I1I11 II II! II !II 11111 '1111 11 1I1111!11 11I1II 1111 Name Address: CF N 212l0? IZ!:;I =,1 (I e. '3 OR HI\: 2~l '3="E, PC; 0:'.e.:3 RECORDED 07/ :20/ 2'00';' 1'5: 5:5 : 42 Palm Beach County, Florida SharclO R. Bo,::k, CLEHK ,~ CCMPTROLLER Pqs 0883 - 8'33; (1:, pg.s) ~-kl: '" ~f. the Cilj lid '..ftc,..f Boynton aeacti L.~\;:X~ mefl~mIr PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 L, C PrtoL A-v...:O R07-0(o8 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this -' S ~ay of --.M Pry:l.c.h ,2002. by and between 1)~~" \ S \?fA.Y\~ 'oea.a...'1 hereinafter ,called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". 1EJ~@~uw~@ M.4R 2 8 2005 BOYNToNBfACHllTILITIEs 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 of the 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 ~ !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 t8i~W1cl<6'\1fafeHbrvice lines upon the Customer's premises. 331:UO S.W.J]'n;J AIIJ H3V38 N01HA08 .:10 ),118 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 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 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 indemnity, 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 of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ ~day of tv'\ ~ o...c.H , 200 5" . 2)::e~ l)~cl Witness Signature' ~ t\M1CS ] · fOILD &; :sv ~ ~ ~:~s:Nmn ~~I~a7.al~chdte --- ~~ Printed Witness Name I I ~ltV\B~$': j1A-~olt1 L. 8/I'rf\r--,11~ , it:~ it ~. (' ~y-- 3 f 12 , ",<eo v..> '1"'le!>5 ~ If HrTU Il"i:- Wit ~ 511 n~czh'. ~ Nl~/f M, ({Jff\ pr2.\~\Eo LU i~~ 5' t1lKUe"i:- S OWNER(S): 2>~<2~ V~6l Witness Signature ~~S D. ~ L. C~oL 1?>fL L Printed Owner Name (~~~~ ~ C / . :Ii . A/j;~r ~~ ~~ ~ (q f\ A-"nJ t.... ~Nc;lt Ail . r4rfY pt I ,,"<'tow:> "..H t"~ f. ~~ '51 q (t b. ~ ~ FOR INDNIDUAL (S) NOTARIZATION: Q)" lc:I!* D. Ford : \ MVCOMMISSIOH I DDZ68463 EXPIRE8 : \: NowMbIr 11, 2001 , I IOHIlIDHlI1ICW'MlINMNQINC. 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 L.C~o\ T \)tCV\t'\\ ~ ~. -e>t2.A-nO'-I 'Be7u2..'-l to me knoWn to be the person(s) described in and who executed the foregoing instrument that he/she I!Cknowledged before me that he/she executed the same; that the individual w~rsonally known 10 m~r provided the following proof of identification: 1'~il.SOl'\ Jl.r ~"t9lJJ"- +0 M 9 WITNESS my hand and official seal in the County and State last aforesaid this (8 ~y of --1v\~Q.c...l4- ,2005 .1. ~:'.)hl.':~"':~ EXPIRES . : h",:;rnber 18, 2001 ", 5r'\,~" .11'1O\'fAlNIlUlANa,INC 0~s D~6L Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk 4 Palm Beach County Property Appraiser Property Search System Page 1 of 1 location Address: 3926 89TH RD S 1 . "'\IMw.....- ._1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-18-00-000-7080 Su bd ivision: Official Records Book: Page: Sale Date: legaJDesc;ription: 18-45-43, S 110 FT OF E 180 FT OF WLY 519.10 FT OF SW 1/4 OF SW 1/4 Owner Information Name: BRANDYBERRY DENNIS J I. ~UU:)--L'."'JI Mailing Address: 392689TH RD S BOYNTON BEACH FL 33436 2402 Sales Information Sales Date Book/Page Price SaJeTyPe Owner I ~_'d.AIf"C~-h.' '"..,1 Nov-1988 05SZ:2./0SU May-1985 04560/0302 Jun-1983 03986/1713 $29,000 WARRANTY DEED $5,000 WARRANTY DEED BRANDYBERRY DENNIS J $100 QUIT CLAIM Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2006 Number of Units: 1 *Total Square Feet: 4896 Acres: 0.4545 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: l:ii,J:aItUil!!tl-;-IlJiI Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: I."....... "''1' . :" .1 I. ,.$"*,,- ~ ri_ - " I [""""Bac::k"ta:J:AaD0il IWI';".....-.'a..-., '...,1 I. ""'<;"+kV...~'$"';""UWl;il 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,",orq Searcil I Exemption E,f'ile I fofOfmiltiOo I ExgmPtions I Community I Employment I New Hom," EltJY,"f I Ofn,,"Jocatlons Valu," AQ]tJstm,"ntBoard I SilVg OWL HOmes I SeOloLCQIQer I i:)is<;liljmer Home I Links I Glossary I FAQ I Forms I conta<;t Us I PAPA. (0) 2004 Palm Beach County Property Appraiser, http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00434518000007080&geonav=... 6/7/2007 Structural Detail Page 1 of 1 Owner Name: BRANDYBERRY DENNIS J PCN Number: 00-43-45-18-00-000-7080 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING 1 I Structural Element for Building 1 WOOD FRM STUCCO / HOLLOW TILE 1986 HTG & AC FORCED AIR DUCT ELECTRIC 3 2 o N/A GABLE/ HIP MODULAR MTL. DRYWALL N/A CARPETING CERAM/QARY TILE 2 1. Exterior Wall 1 2. Year Built 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 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 800 2. BAS BASE AREA 140 3. FGR FINISHED GARAGE 660 UOP UNFINISHED OPEN 992 4. PORCH FUS FINISHED UPPER 1600 5. STORY UOP UNFINISHED OPEN 704 6. PORCH Total Square Footage: 4896 Total Area Under Air: 2540 IdA'cy...-............... Y;A/6s1 Extra Feature Description Year Built Units Deck 1986 640 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 Zoning Units Acres 1. SFR AR 1 0 Land Line # Description Zoning Units Acres 2. SFR AR 1 0 I~l r......-J r--'Will;>~~,"'WM,,",1 Recore! 5ei'lrcb I EXemptionE~File I Informi'ltiQn I EXemPtions I CommLJnit:y I Employment I New!iomeBLJyer I Qffice Locations Vi'lILJeAdiLJStmentl3Qilrdl 5ilVe QLJr Homes I Senior Corner I Qisclaimer Home I Links I (,ilosSi'lPI I FAQ I Forms I Contact Us I PAPA Cc) 2004 Palm Beach Count:y Property Appraiser. http://www.co.palm-beach.fl.us/papalaspxlweb/detail_inf02.aspx?p _ entity=00434518000007080&Owner _'" 617/2007 All Owner Page I of 1 All Owner(s) PCN Number: 00-43-45-18-00-000-7080 Owner Names BRANDYBERRY DENNIS J BRANDYBERRY LILLY C l,,-o/<.!.kf';'\IkUdt* ,'~- - J ,-'., ",I@~- , "",1 http://www.co.palm-beach.fl.us/papa/aspx/web/allOwner.aspx?entity _id=00434518000007080&Owner _ Na... 617/2007 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System ooao 7'23!t I m'!""{'''1 ",. 0070 0000 005lI 004lI 7191 7100 7192 7220 7210 71lM1 7200 7$lKI j- ,:::~'~ro [~ "L- ~ 00<30l) 001~ ----1 0171 0201 0031 0010 0041 0071 0111 0141 03061 00.31 lI'3lI1 0271 lI24lI OO6i r---j 0431 ll4lI1 -~. ,,,,I""I::J,"" L_/. 0201 0431 ll4lI1 0061 00.31~11l271 I 0240 Legend c==J Parcel B omdary ~ lot nurrber Page 1 of 1 Owner Information peN: 00434518000007080 Name: BRANDYBERRY DENNIS J location: 3926 89TH RD S Mailing: 392689TH RD S BOYNTON BEACH FL 33436 2402 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information SaJesPate Nov-1988 May-198S Jun-1983 Palm Beach County Property Map Map Scale 1 :3072 Map produced on 6/7/2007 from PAPA http://www.pbcgov.com/papa http:// giswe b. CO. palm - beach.fl. us/ipapagis/presentationlmapping/printnew .asp ?MAPURL= http:/ 1 gisweb .co.... 6/7/2007