R07-116
1 RESOLUTION NO. R07- II to
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 FREDERICK
9 JOHNSON; 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 1047 Highland Road, Lantana, Florida (Ridge Grove
14 Lot 61); and
15 WHEREAS, the parcel covered by this agreement includes 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
I . '
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 Frederick Johnson, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA \RESO\Agreements\Water Service\Johnson Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of October, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Attest:
Ja t M. Prainito, CMC
. y Clerk
~-'_.-
S:\CA \RESO\Agreements\Water ServiceVohnson Water Service Agreement.doc
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II~I~~~I~IIII~IIIIIIII
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 20070477841
OR BK 22185 PG 0113
RECORDED 10/16/2007 08:14:06
Palm Beach County, Florida
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 0113 - 119; (7pgs)
~07-l/b
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
THIS AGREEMENT made on this ~ day of dd ,200 l, by and between
~~:.oF€-icJL. . ~ hn~~ 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 ofthe 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 ofthe 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:
l. 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 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 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 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 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
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.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 of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFf BLANK)
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
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AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
F'i-c=..1~PJ'cL ~hf\""o ~ (INSERT NAME)
1 IN _~ITN~SS WHEREOF, the parties hereto have set their hands and seals this ;}3
-I lur:\. ,2007.
WITNESS:
~ IJ1Ihda
::;;ss Signature
~f ~ y i~- !1 f)nJ:s
Printed Witness Name
day of
IND~ AS O\\iNER(S):
Owner Signatur~
FreD6e..lv~ ~n-n~:ot-...J
Printed Owner Name
Witness Signature
J2L 0---...
Owner Signatu~
P~:f\e.e..:('/\c T~ hns.c r-J
Printed Owner Name
Printed Witness Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZAnON:
STATE OF -[""fClA. ~ )
~.. ~ it ) ss:
COUNTY 0 tL{JJ( . a~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
~resaid, and i ..the County aforesaid to take acknowledgments, personally appeared
den I I / 'l ;'<--. to me known to be the person(s) described in and who
executed the fore oing 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: tOL~ 31fX5 -dS-9 -77 -3<./3 - 0 .
-11 WITNESS my hand and official seal in the County and State last aforesaid this
~rl ,2007
(Notary Seal) i'.....~y..CI.<:. NOlaryPublicStateofFlorida rl - ~...{ () . f,[ l /--n
. r; Carol A Mahoney ~{0 L.l>-(. 1- J ~. I
r-:.i' My CommIssion 00460414
My Commission ~:" Expires 08110/2009 Notary Public
;;(.3 day of
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Frullfl"K Jt>hlt~I8" (INSERT NAME)
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
a Florida mu icipal corporation
Approved as to form:
DOOCC
City Attorney
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 !f IU'r IJr~.s" ~/ , City Manager and flP- n rL.t Pne; I'J i -/-0 ,
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.
(Notary Seal)
WITNESS my hand and official seal in the County and State last aforesaid this ~
t7e~ ,200!1.
V:k~'~/ '>>1Pdr
Notary Public
day of
My commission e
l~~~', VALORIE MOATS
:*ii!~ MY COMMISSION 1/ DD 346198
~~. ....,;."'11 EXPIRES: September 17, 2~
, ..~" Bonded Thru Notary Pubfic Undetwriters
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-D6.doc
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezrol. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale. FL 33308
IRREVOCABLE SPECIAL POWER OF AITORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IlWe,
h-CSDe:nC..~ _ -:ro~n.s"u
, 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:
PCN No.:OO-lf3 - h $- () 9 -.08 - 000 -66 ( ()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in :full force and effect on the O~ day of
d d , 20 sf] and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;<,3 day of
.~ in the year 20 7
Sealed and delivered in the presence of
7/~ Jt(~k
~s si~aturh
17rr'e_ ott..+-.s
P~ Name
~
-* ~
Owner Signa
~~,pee'~cY :r;hl'&r-J
Print Name
/ /
l..--I"/
Witness Signature,
I.~. ~ .t'. v.,
'J._ /-1 ,/4 /",; - /..-. /
Print Name
Witness Signature
*~
Owner Signature
F("~e.!(/L -::rc; hr.&;10
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
T~ FOREGOINg INSTRUMENT fore me this eJ) day of
j , 0f, 201r1. by J; Cf1A- and
who are known to or who have produced
-Pas identilfftioo, and who did/did ,no: take an Oath.. .
li6-Q_t1/ '~
gTARY .7fBL}l \0 hou ec
Type or Print Name
Commission No.
My Commission Expires:
S:\CA\AGMTS\Water ServicelJower of atty. doc - 1-6-06
H:\1990\900 182.BB\AGM1iPower of Attorney-lnd 1-30-06.doc
Notary Public State of Florida-
Carol A Mahoney
My CommiSSion 00460414
Expires 0811012009
-
~~~~
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1 in. = 89.6 feet
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811227~50 _2230_
2220' 220'0'
2180'
20'40' 20'60' 20'70'
20'90' 21102120' 2130' 2141 2160'
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Tax Parcels 2005
LOT Labels
2 Tax Parcels 2003
LOT Labels
/] Tax Parcels 2002
LOT Labels
Sewer Unes
SewerUnes (Manaree Ba0
0'1\"\590' 571 560' !A Water Mains
6 ~ 0' 0' I" Water Mains (Manatee Bay)
Street Centerlines
STREET Labels
Streets (Manatee Bay)
, hydranCequipmentprjSP _Proje
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I Water
~ L7 Utility Service Area
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o 168~67Q16601650164~ 1610 160d15901580
690068 67oo66oo65Ql6l8183qJ62
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170' 0'190' 0'20'0'
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1561
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Location -1047 Highland Rd
Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 1047 HIGHLAND RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-08-000-0610
Subdivision: RIDGE GROVE IN
Official Records Book: 21797 Page: 1091 Sale Date: May-2007
)...e9aJJ)~criQtiol1: RIDGE GROVE LT 61
Owner Information
Name: JOHNSON FREDERICK W
Mailing Address: 1047 HIGHLAND RD
LAKE WORTH FL 33462 6111
l&:d'"M.AO ,QWDiK'SMW'w;ul
Sales Information
Sales Date Book/Page Price Sale Type Owner
May-2007 ~179]jJ,_09:t $57,000 WA RRANTY DEED JOHNSON FREDERICK W
Dee-1998 1085J)/017O $25,000 WA RRANTY DEED SUGAR BELLE CORP
Aug-1987 05389/0828 $16,500 WA RRANTY DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
~O_O_5
18 500
23 323
41823
Property Information
Number of Units: 1
*Total Square Feet: 384
* in residential properties may indicate living area.
P = Preliminary Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
l.iiI;strluc:t.uDllfuItatalLP;1
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Structural Detail
Page 1 of I
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Owner Name: JOHNSON FREDERICK W
PCN Number: 00-43-45-09-08-000-0610
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDINGl
Structural Element for Building 1
Extra Feature
Description Year Built Units
Patio 1946 360
UTILITY BUILDING 1946 108
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 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
ASB. SHG.
1946
NO HTG/ AC
NONE
NONE
1
1
o
N/A
GABLE/HIP
ASPH/COMP. SHG.
WALL BD./ WOOD
N/A
VINYL/ ASPH TILE
N/A
1
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 384
Total Square Footage: 384
Total Area Under Air: 384
IX\;'W\ift~_dU""'Ai2';iill
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Home I Links I Glossary I EAQ I Forms I Contact Us I PAPA
@ 2007 Palm Beach County Property Appraiser.
http://www.co.palm-beach.f1.us/papa/aspx/web/detail_inf02.aspx?p _ entity=0043450908000061 O&Owner... 8/22/2007
CITY CLERK'S OFFICE
MEMORANDUM
TO:
PETE MAZZELLA
DEPUTY UTILmES DIRECTOR
FROM:
JANET M. PRAINITO, CMC
CITY CLERK
DATE:
October 29, 2007
RE:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
The following Agreement for Water Service Outside the City Limits was recorded in
Palm Beach County on October 16, 2007, for your information and files.
Frederick Johnson PCN: 00-43-65-09-08-000-0610
If you have any questions, please do not hesitate to contact me.
C: Original Central File
Cheryl Smith
S:\CC\WP\PBC recording\Water Service Agreements\Pete transmittle letterlO-29-2007.doc