R07-098
II
1 RESOLUTION NO. R07- oq 8
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 LAURA K.
9 ZDUNIAK; 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 3945 89th Road South, Boynton Beach, Florida; and
14 WHEREAS, the parcel covered by this agreement includes a single-family home
15 located in an unincorporated portion of the City's utility service area; and
16 WHEREAS, a water distribution main already exists and the property owner will be
17 responsible for extending a plumbing line to the proposed meter; 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 Laura
27 K. Zduniak, 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\Zduniak Water Service Agreement.doc
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( Corporate
PASSED AND ADOPTED this ~ day of August, 2007.
CITY OF BOYNTON BEACH, FLORIDA
~~
.I-~
~rdriguez ~"
-'cJ-Z-cO< -------~ ~
Commissioner-'=: R ~j\R:d~
'-
iiUL Yt,. /~.;u/~,
S:\CA\RESO\Agreements\Water Service\Zduniak Water Service Agreement.doc
1IIIIIIIIIIIIIIn 0111111011111
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 2007041 :33'33
OR BK 22068 PG 0483
RECORDED 08/29/2007 14:41:14
Pal. Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
Pgs 0483 - 492; (10pgs)
R07- oq(!3
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT m~de on this Jt'= day of 0lJ" 'i.... ,200-1-, by and between
1-Ave A It.,. z aU n I ~ k... 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 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 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
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
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
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
2
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 of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I Z ~ay of
~\J t\~ ,2001.
i e Sig ture
i! '1
Print~ itnes~~./
~a~
~ ,G/'~L>A F~A
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
t~..) J-<. ~RAU"'~
Owner Signature
~U2A t. ZOvn'A-~
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF ~(DC2 lOA- )
) ss:
COUNTY OF ~M '8l-l.)
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
-L-auQ..~ ~. Zn lJ r\' .~\<.. 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:
WITNESS my hand and official seal in the County and State last aforesaid this jz, ~ day of
~~iV=L ,2002.
(Notary Seal)
~~rv.E5--P~~
Notary Public
My Commission expires:
~"'''''' Ja 0 Fo d
W"~l'iil'" mes. r
I~"'V~... MYC"'...."''"'''., I 00268.463 EXPIRES
.*. .... V1YI1YIIIhlIVI1
. ~ . - November 18, 2007
IONIllID 1I'ilu TllO'f FAIN INIURANCf, INC
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF'BOYNTON BEACH AND
L a..lLr p- K. 2- D L.t 1) ; Q.. k (INSERT NAME)
ATTEST"{",,,,,,,,
. ;{t '.l;::.,;;~'"
e~:t~ ~
Ci Clerk
CITY OF BOYNTON BEACH, FLORIDA
a Florida mun ipal corporation
Approved as to form:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that ~n this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared f,..l y t ~ rt .s-Sn e... ,,- , City Manager and -J" 4- n 2 t P"'D..." rl i to ,
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 J.a.. day of
J1~ ,200!1.
(Notary Seal) A1Iitl ~ '711 pa:/;r
W V"-OIIE-. .
. . hi :~ MYCOUMISSION'00346198 Notary PublIc
My commlSS e.EXPlRES: Septenter 17, 2008
bded Tlvu Nolary P1ilNc lJ........
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
H:\1990\9001 82,BB\AGMT\Water Service Agreement - Rev 1-6-06,doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherot, Esquire
Goren, Cherot, 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 --E~\M. ~~c,~
-
I/We, lJ\Ut2.1\~. ?..o tJ 1\' ~ , 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 available means. The real property which is
the subject of this power is described as follows:
PCNNo.: 00 1-:3' 45" IS 00 (JOD 7/10
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the I L ~ day of
~"t\. L , 20D1and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the I Z. "'1ay of
~ UV\4f- , in the year 20fL/
Sealed and delivere in th
~AN' /{ r~
Owner Signature f f.
LAV(2A ~. :z.DtJn~~
Print Name
Witness
~, , h~ '1
~printN~~~~L/
it es~ Signat
~.v-"~ h~L)
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 before me this J 2-- ~day of
~\Jr\L, 2olLl, by /...A1Jtztt ~. z..Ovrt IA-K= and
, who are known to ~e or who have produced
, as identificatiS::::~;;~ .
NOTARY PUBLIC
Type or Print Name .",.-'\",~ JamesD. Ford
I.: ~~ MY COMMISSION' 00268463 EXPIRES
~~ : ; NoYember 18, 2007
Commission No ."i,(l,' . BONOlOlHRUTROV'AlHlNSUllANCf, IHC.
My Commission Expires:
S:\CA\AGMTS\ Water Service\power of atty.doc - 1-6-06
H:\1990\900 1 82.BB\AGMT\Power of Attomey-Ind 1-6-06,doc
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Property Information
Location Address: 3945 89TH RD S
1,_u"VJaw,MaIl_ ,. I
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-18-00-000-7110
Subdivision:
Official Records Book: 04009 Page: 0241 Sale Date: Mar-1983
Legal Description: 18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 339 FT OF SW 1/4
OF SW 1/4
Owner Information
Name: ZDUNIAK LAURA K
1""Altow.ners I
.-.. ,.;,;;--.,iJii.i;t..
Mailing Address: 3945 89TH RD S
BOYNTON BEACH FL 33436 2401
Sales Information
Sales Date Book/ Page
Mar-1983 04009/0241
Feb-1977 02637/1034
Price Sale Type Owner
$60,000 WARRANTY DEED ZDUNIAK LAURA K
$6,900 WARRANTY DEED
-xemptions
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: 2047
Acres: 0.23
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
I Struct.ure,DIltALI
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
L~toJ",1
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Tax Collector WebSite
TE: 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.
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http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004345180000071I O&geonav=... 7/26/2007
~
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
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0070
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c==J Parcel Bomdary
~ Lot nurrber
Ii 724011 7ZJoO I 7170 17161
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Page 1 of 1
Owner Information
00434518000007110
Name: ZDUNIAK LAURA K
Location: 394589TH RD 5
Mailing: 394589TH RD 5
BOYNTON BEACH FL 33436
2401
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Mar-1983
Jan-1980
Feb-1977
Palm Beach County Property Map
Map Scale 1 :2351
Map produced on 7/26/2007 from PAPA
http://www.pbcgov.com/papa
L OvA fit}" /'1tyJ
http:// gisweb.co. palm-beach. fl. us/ipapagis/presentation/mapping/printnew.asp?MAPURL=http:1 1 gisweb.c... 7/26/2007
0111 141
0431
Structural Detail
Page 1 of 1
Owner Name: ZDUNIAK LAURA K
PCN Number: 00-43-45-18-00-000-7110
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDINGl
Structural Element for Building 1
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
xtra Feature
bescription
No Extra Feature Available
Detailed Land Information
Land Line # Description
1. SFR
ABOVE A V
1984
HTG & AC
FORCED AIR DUCT
ELECTRIC
3
2
o
N/A
GABLE/HIP
ASPH/COMP. SHG.
DRYWALL
N/A
CERAM/QARY TILE
N/A
2
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1512
FSP FINISHED
2. SCREENED PORCH 64
3. FST FINISHED STORAGE 72
FUS FINISHED UPPER 399
4. STORY
Total Square Footage: 2047
Total Area Under Air: 1911
l10b>j"~ . """-'''1/10''11
Year Built
Units
Zoning
AR
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Record Search I Exemption E~File I Inforrn<3tion I Exemptions I Community I EnlplOyment I New Home Buyer I Office Locations
V<'l.ilJe A<;Jik1stment BOilrd I Save Our Homes I Senior Corner I Discl<3irner
Home I Links I G10SS<3ry I FAQ I Form.s I Contact Us I PAPA
(c) 2007 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_inf02.aspx?p _ entity=0043451800000711 O&Owner... 7/26/2007
CITY CLERK'S OFFICE
MEMORANDUM
TO:
PETE MAZZELLA
DEPU1Y UTILmES DIRECTOR
FROM:
JANET M. PRAINITO, CMC
CITY CLERK
DATE:
September 10, 2007
RE:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
The following Agreements for Water Service Outside the City Limits were recorded in
Palm Beach County on August 29, 2007, for your information and files.
Gentil Felicite
Laura K. Zouniak
PCN :00-43-45-18-00-000-7120
PCN : 00-43-45-18-00-000-7110
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
m.P~
Ja et M. Prainito, CMC
Clerk
C: Original Central File
Cheryl Sm ith
S:\CC\WP\PBC recording\Water Service Agreements\TRANSMmAL MEMOS.doc