R10-063
11 I
1 RESOLUTION NO. RIO- o~3
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 CITY
8 OF BOYNTON BEACH AND DOC'S REALTY - YVES
9 SEMEAH; 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 7795 Terrace Road & 7805 Terrace Road, Lantana,
14 Florida (PCN: 00-43-45-10-07-000-0800); and
15 WHEREAS, the parcel covered by this agreement includes a two unit facility located
16 in the unincorporated Palm Beach County; and
17 WHEREAS, water service has been designated between the county and the various
18 local utilities; and
19 WHEREAS, a water distribution main has recently been completed on this street,
20 allowing for the service to this parcel. No additional construction will be required by the City
21 to serve this 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 Doc's
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1 Realty - Yves Semeah, a copy of said Agreement is attached hereto as Exhibit "A".
2 Section 3. This Resolution shall become effective immediately upon passage.
3
4 PASSED AND ADOPTED this Isf day of June, 2010.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
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24 ATTEST:
25
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Zg)ll et M,Pr;;' -0, M ~ ?/
2~~~ City Clerk
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II
Water Service Agreements Outside the City of Boynton Beach Limits ;t./O-or,3
(Single Family Homes)
TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS
(SINGLE FAMILY HOMES)
FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMENT
RE: WATER SERVICE AGREEMENTS
I. Please, all blanks (other than signatures) are to be typed
2. Sign the agreement (on p,3) and the Power of Attorney form
3. Have all signatures properly notarized on both forms, including the full names inserted in the notary's
statement.
4. Names in the blanks must match the owners' name as it appears on the deed.
0 Correct example: John R. Customer and Alice D. Customer
0 Incorrect example: John R and ,Alice D. Customer
5. Attach a survey and legal description (LABELED "EXHIBIT A"), or provide the property control
number.
6. Provide the name and address information requested below.
7. Return all documents to this office.
NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS
THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION METING.
THE TIME SHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO
DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION
MEETINGS. (THE COMMISSION MEETS ON THE I ST AND 3RD TUESDAY OF EVERY MONTH)
Sincerely,
Peter V. Mazzella
Deputy Director of Utilities
Owners Informa/ion
Owner's Name: Doc's Realty - Yves Semeah
Mailing Address: 1901 S Federal Highway, Boyn'/on Beach, Fl33435
No. & Street City State Zip Code
Telephone No.: 561 251 2713
Property Information:
Address: 7805 Terrace Road Lantana, Fl33462
No, & Street City State Zip Code
Property Control Number (PCN) 0043 45 10 07 000 0800
II11IIII11II111111111I
AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS (I) "TJ
:rr:
(Individuals) Ql m
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This Agreement, made on this _5th day of _April c
, 2010 , by and -:u ;i
between: ITI t-j.
o 0
(1 ~....1.
"0
- 0
c> t'J
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Doc's Realty-Yves Semeah , hereinafter called lTl r:~
the "OWNER(S)," ::Um
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<t,_; N ?:;:o
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rok .:.:. THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,::: ~.
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;;.':0 hereinafter called the "CITY." 2: '1:'1
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Ow - WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants m m
co--' .' -:u~
w...<-'> -.J exchanged herem, agree as followmg: if,
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t::u Owner(s) represents and covenants that it owns the following described real property a
0 0
(hereinafter "Property") located outside the boundaries of the City, but in the City's water (Jl
,,~
and wastewater service area: 0
):a
......
The City agrees to provide Owner(s) with water services from the City water system only as 1TI
2.
0
necessary to service the Property. en
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0
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any t~i
0
property other than the Property described in paragraph I above, unless written permission ~
0
is granted by the City of Boynton Beach. ._-
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4. The Property requires _2.0 _(specify number) Equivalent Residential Connection(s). .~
0
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The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and '0
5. '"
inspection of the facilities as required by the City Code to provide service to the Owner(s)'s 0
0
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premises. ...-
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6. The Owner(s) shall be responsible for installation and conformance with all applicable _9
.-,
codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such ''''''.1
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lines shall first be approved by the Director of Utilities and subject to inspection by the City '.0
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,-"
Engineers.
7. The City shall have the option of either requiring the Owner(s) to use a licensed contractor
to perform the necessary work or the City may have the work performed in which case the
Owner(s) will pay in advance all estimated costs thereof. In the event the City has such
work performed, the Owner(s) will also advance to the City such additional funds as may be
necessary to pay the total actual costs of providing the work.
8. Any water main extension made under the Agreement shall be used only for the Owner(s),
unless written permission is granted by the City of Boynton Beach for other party or parties
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9. Ownership and title to all mains, extensions, and other facilities extended from the City
Water Distribution System to and including the metered service to Owner(s) shall be
vested in the City exclusively.
10. The Owner(s) 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 now applicable or as may be changed from time to time.
11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all water use charges to the
Property ,
12. Any rights-of-way or easements needed by the City to provide water to the Property shall
be provided by the Owner(s) and at the Owner(s)'s expense.
13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his transferees,
grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from surplus, If the surplus does not exist at the
time of Owner(s)'s actual request for commencement of service, as determined by the
City's Director of Utilities, then this CITY, without liability, may refuse to initiate service
to the subject premises.
14. The Owner(s) further agrees in consideration of the privilege of receiving water service
from said City, that the execution of this Agreement i~ considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any
successor or amendment thereto. Furthermore, should any other general law, special act,
or local law be enacted which provides for voluntary or consensual annexation, this
Agreement shall also be considered a request by the Owner(s) for annexation under such
other laws. The Property shall be subject to annexation at the option of the City at any
time they are eligible under anyone or more of the above-referenced laws concerning
annexation. Owner(s) will inform any and all purchasers of any or part of this property of
this voluntary petition for annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this covenant for annexation is intended to be and is
hereby made a covenant running with the land described in "Exhibit A," attached hereto
and made a part hereof. This Agreement is to be recorded in the Public Records of Palm
Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs,
or assigns ofOwner(s) shall be bound by this Annexation Agreement.
16. 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 of local, 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.
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17. The Owner( s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, Florida, its Mayor, Members of 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 Owner(s)'s obligation under or performance pursuant to this Agreement, including
disputes for breach of warranty of title.
18. It is understood by Owner(s) and by the City that the attached site plan "Exhibit B" has
been reviewed by the City of Boynton Beach for compatibility with the City's
comprehensive plan as it relates to land use and density, found to be generally acceptable
to the City and is to be the guide for development of this subject land. In the event that
the site plan is not approved, there shall be no commitment on the part of the City to
serve Owner(s) if a subsequent site plan results in a change in land use, density or an
increase in equivalent residential connections.
19, No prior or present 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.
20. The Owner(s) warrants to the City that Owner(s) holds legal and beneficial title to the
property which is the subject of this Agreement.
21. In the event of a sale of the property by Owner(s), Owner(s) agrees to provide written
notice of the existence of this Agreement to the buyer of the property prior to or in
conjunction with the closing of the sale transaction,
SIGNATURE PAGE FOLLOWS
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
. COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
· JJe-S S'tJ,it e t't h (INSERT NAME)
I
IN ~SS, WHEREOF, the parties hereto have set their hands and seals this ~
day of ' ~R..~ ,20 /0 .
WITNESS as to Owners:
~""'~ ~}~
Witness Sig ture
J&L.-. '^- ~ ~~....,... )...\0 ""' ~
Printed Wi ess Name
~ !L~.(~
tness ~ignature
e~ 1<f'ASNOFP
Printed Witness Name
Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF+l\)(U d.t:L- )
COUNTY oR~ ss:
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
y UtJ) Sc 1k.i1l1t 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 individuab was personally known to me or provided the following proof of
identification: n .L !t'>/"ZL.$ L / C{".-if 5 E- .
WITNESS my hand and official seal in the County and State last aforesaid this ~ day of
t~ /: NOTARY ~rf&rATE OF FLORIDA -
$............0:. Judith A Pyle /
(Notary Seal) \..}COlJ:!D1is.sion #DD870304
'"."."ol' Expll"es, APR. 21, 2013 .
My Commission ex~THRU ATLANnCBONDINGco"INc. Notary Pu~, . ~JL{ IJJ T /+ I). ~ Lf'_
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(1 titS <.t' J11 f ft- rI (INSERT NAME)
.IN WITNESS WHEREOF, the parties hereto have set their hands and seals this S ~y of
(,1~L ,20r~.
I
WITNESS:
~'Y'<.~ D~J '-c5o,>>
Witness Signa re
~ ~'^' ~ '2:-.~ ')..\O",e.
Printed Witn s Name
(),
Itner~ature
LPH: rASNOFF
Printed Witness Name
Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF r::LO~1 O~ )
" ) ss:
COUNTY OF~.4LI'1 ffiAc#)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afor~said and in the County aforesaid to take acknowledgments, personally appeared
y. Uf5 se 11,17- A 1-1 to me known to be the person(s) described in an~ 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 1... tJ K ttJ C,(.S L I ~ f M S c., .
It' WI~SS my hand and official seal in the County and State last aforesaid this ~ day of
Ltt'ic{ , 20'/(1 .
/ - /
(Notary Seal)
NOTARY 1'U13L1C-STATE OF FLORIDA
........"", Judith A. Pyle
My Commission expirl.\CommissiOnIDD870304
'\: rJExpires: APR. 21, 2013
........ G co 1Ne.
BONDEDTHRO ATLANTIC BONDIN "
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
DOC'S REALTY-YVES SEMEAH.
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
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
, City Manager of the City named in the foregoing agreement
and that he acknowledged executing same and voluntarily under authority duly vested in him 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
day of ,20 -
(Notary Seal)
Notary Public
My commission expires:
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THIS INSTRUMENT PREPARED BY:
James A. Cherot, Esquire
Goren, Cherof, Doody and Ezra!. PA
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I/We, DOC'S REALTY-YVES SEMEAH, 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:
PCN No.: 004345 10 07 000 0800
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 5TH day of April, 2010
and the powers and authority shall be irrevocable by Grantee.
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezra!. PA
3099 East Commercial Blvd,
Suite 200
Fl. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I/We, DOC'S REALTY-YVES SEMEAH, 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:
PCN No.: 004345 10070000800
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 5TH day of April, 2010
and the powers and authority shall be irrevocable by Grantee.
02:47 5517425720 SUSTOl'1ER RELATIONS I PAGE 02
05/04/2010
IN WITNESS WHEREOF, we ha.ve hereunto set our hands and ~eals the t, ~ day of
, in the year 2O..L.6
\
,f f~ L"\ ~ J
Owner Signature
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING TNSTRillYfENT was a knOwledged~Ore me this ~YOf
" 20jJ). by :S' and
o e: ALl , who are kn wn to me or who have produced
~ ~ ~ identification and wh di did not take an oath.
. /~/~
-
NOTARYA:BLIC
Ot11lR ( ~ t. L. r'i{A<< 7; .,(_J
Type or Print Name
Commission No. b~ bj(9.';)'Q9
My Commission Expires:
S :\CA \AGMTS\ Wllltlr Scrvice\powcr of atty ,doc - 1-6-06
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Received T'lme May, 6, 9:03AM
Palm Beach County Property Appraiser Property Search System Page 1 of 1
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Property Information
Location Address: 7805 TERRACE ST I ",,,, "\tI8w"MiIa""",,,,,,,,,,1
Municipality: UNINCORPORATED riEj'j)jiWi=:',r",J
~.," ,m".",
Parcel Control Number: 00-43-45-10-07-000-0800 ~ii;@J
Subdivision: TROPICAL TERRACE IN
Revcr~ ,Sj<:l~
Official Records Book: 17475 Page: 1537 Sale Date: Aug-2004 Hem
1..em!IQ~~gim:i()f'l.: TROPICAL TERRACE LTS 80.81
Owner Information
Name: DOCS REALTY INC ~wmai&M!J!i1i!1
Mailing Address: 1901 S FEDERAL HWY
BOYNTON BEACH FL 33435 6904
Sales Information
Sales Date Book/Page Price SaleJ:Yp~e Owner [iiGiiwoo"'- '~"'~'",iill
Aug-2004 1747_5L1531 $90,880 Q UIT CLAIM DOCS REALTY INC
Jul-2003 15566/1471 $121,000 WA RRANTY DEED SEMEAH YVES
Dec-1989 of?J_OtVo80a $100 Q UIT CLAIM KRYCK JAMES M . JANET L
[ Exemptions I
Exemption Information Unavailable.
Appraisals
Tax Year: Property Information
Improvement Value: Number of Units: 2
Land Value: *Total Square Feet: 1800
Total Market Value: * May indicate living area in
Use Code: 0800 - MUL TIFAMIL Y < 10 UNITS residential properties.
All values are as of January 1st each year
Tax Year:
Assessed Value: [.....i.lul
Exemption Amount:
Taxable Value:
Taxes
Tax Year: I~,,^l
Ad Valorem:
Non Ad Valorem: 1,=", "",.ii,",~'&1i"Hii&i,1
Total Tax:
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.
http://www.co. palm-beach.f1, us/papalaspx/web/detail_info.aspx?p _ entity=0043451 0070000800&geonav=.., 411/2010
ltructural Detail Page 1 of 1
_,;,;'lfiE1t::, Prop"'Y Appr.."", Pub!" A"", $,,"m
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Owner Name: DOCS REAL TV INC
PCN Number: 00-43-45-10-07-000-0800
Building Structural Data and Drawing are for the Current Tax Roll. I
BUILDING 1 Uf
Structural Element for Building 1
I.Ext erior Wall 1 CB STUCCO
2. Year Built 1978
3.A ir Condition Desc. HTG & AC
4. Heat Type FORCED AIR DUCT
5.H eat Fuel ELECTRIC
6. Bed Rooms 4 Subarea and Sq. Footage for Building 1
7.Ful I Baths 2 No. Code Description Sq. Footage
8. Half Baths 0 1. BAS BASE AREA 1800
9.Ext erior Wall 2 N/A Total Square Footage: 1800
10. Roof Structure GABLE/HIP Total Area Under Air: 1800
11. Roof Cover ASPH/COMP. SHG. L'"i"i'~-""--' "I
12. Interior Wall 1 DRYW ALL
13. Interior Wall 2 N/A
14. Floor Type 1 CARPETING
15. Floor Type 2 N/A
16. Stories 1
Extra Feature
Description Year Built Units
No Extra Feature Available
Detailed Land Information
Land Line #
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@ 2010 Palm Beach County Property Appraiser.
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