R10-113
I
1 RESOLUTION NO. RIO- ,,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 CARLOS E. NUNEZ AND
9 HILDA M. NUNEZ.; PROVIDING AN EFFECTIVE
lO DATE.
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l3 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at ll80 Highview Road, Lantana, Florida (PCN: 00-43-
l5 45-09-09-000-l780); and
l6 WHEREAS, the parcel covered by this agreement includes a single family home
17 located in the unincorporated Palm Beach County; and
l8 WHEREAS, water service has been designated between the county and the various
19 local utilities; and
20 WHEREAS, a water distribution main has recently been completed on this street,
2l allowing for the service to this parcel. No additional construction will be required by the City
22 to serve this property
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission hereby authorizes and directs the City Manager
29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Carlos
S:\CA\RESO\Agreements\Water Service\Reso - Nunez Water Service Agreementdoc
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1 E. Nunez and Hilda M. Nunez, a copy of said Agreement is attached hereto as Exhibit "A".
2 Section 3. This Resolution shall become effective immediately upon passage.
3 th..
4 PASSED AND ADOPTED this L day of September, 2010.
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7 CITY OF BOYNTON BEACH, FLORIDA
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24 ATTEST:
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S ICA\KESOlAgreements\Water Service\Reso - Nunez Water Service Agreementdoc
R 10-113
AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS
(Individuals)
This Agreement, made on this 1 th day of March ,2010 , by and between:
Carlos E. Nunez and/or Hilda M. Nunez , hereinafter called the "OWNER(S),"
and
THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida,
hereinafter called the "CITY."
WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants
exchanged herein, agree as following:
1. Owner(s) represents and covenants that it owns the following described real property
(hereinafter "Property") located outside the boundaries of the City, but in the City's water
and wastewater service area:
2. The City agrees to provide Owner(s) with water services from the City water system only
as necessary to service the Property.
" Owner(s) shall not use or supply water it receives from the City to service or benefit any
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property other than the Property described in paragraph 1 above, unless written
permission is granted by the City of Boynton Beach.
4. The Property requires ~ (specifY number) Equivalent Residential Connection(s).
5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and
inspection of the facilities as required by the City Code to provide service to the
Owner(s)'s premises.
6. The Owner(s) shall be responsible for installation and conformance with all applicable
codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such
lines shall first be approved by the Director of Utilities and subject to inspection by the
City 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 to connect pursuant to the Code of Boynton Beach.
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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.
lO. 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.
l1. Owner(s) shall pay a twenty-five percent (25%) surcharge on all water use charges to the
Property.
l2. 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 is considered to be a voluntary
Petition for Annexation pursuant to Section l7l.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.
l5. 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 of Owner( s) shall be bound by this Annexation Agreement.
l6. 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.
SIGNA TURE 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
(INSERT NAME)
IN W.H;NESS WHEREOF, the parties hereto have set their hands and seals this --.ll
day of y~ ,20/ (,.i .
,ri!LI), <Pi" Mitt#-
itness Signature
LtA-1t krHS,L,'OFF
Printed Witness Name
;'1t.Z~ ~~ ~~
Witness Sig re. OWJier Signature
~~ ,SittN?~(') he. AI//d4 H /VV/lIc2.-
Printed Owner Name
Printed W' ess Name
, ~tl.A cii1a.l-Mi!
Witness Signature (
)....eN1 1<( ~SN(,1rr
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
f g LL4-
STATEOF 1..,/ /1 )
l . )ss:
COUNTY OF II t1--/.w.-.i.i...vt-/Y
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
oJ ' {foresaid and, ill; the Co~~ty aforesaid to take acknowledgments, pers~nall~ appeared
(i 4,)1:-") J. J ,'. n " C , L i . V. . -, to me known to be the person(s) descnbed In and who
execu d the foregoing instrument t he/she acknowledged before me that he/she executed the
~ame~ tha~ the individualS-wa~ p fonally kn~ to. me or provided the following proof of
IdentIficatIOn: Lc.!/Z I /'}1"l\.iL., ~ ~:,-~ .
1 WITNESS my hand and official seal in the County and State last aforesaid this D- day of
,;/ L--L-- NOtARf~~STATE 01" ~'LORIDA r
......10'.,.. Stephanie D. Kahn ~ 9
(Notary Seal) [~}CO~ission#DD873790 ' " ,_'_'_
~... ...~ Expll'es: MAY 22, 2013 jt---.A-
My Commission expir~~EDmRu^TLA."ITlcnoNDL"GcO,INCNotary Public II
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Files\OLK9\FORM-March 2010 revisions.doc
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, 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 Palm Beach
I1We, Carlos E. Nunez and/or Hilda M. Nunez, 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.: 00-43-45-09-09-000-l780
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 1 ih day of March, 2010 and
the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the lotftJ- day of
~, in the year 2019.
Sealed and delivered in the presence of
~~- ~~
Witness Sig ture ~e
oz::~atu~ AI '-
~ C;-/t. ~ ',!J f , v"JE V
/~J"Y)YY1{ l ~) 10 h ~ Print Name
Print Nam -
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of
~' 20&, by t!Jda ~ ' ~Un-e"L and
( S /;:' N..~neL , who are known to me or wh.o haw prod~ced
D.i.-. , as identification and who did/~id not take an oath.
NOTARY P{JBllC-STATE OF FLORIDA 0tt-h wvJ.' ~-!4LLbWVY1M1
""""""" Catherine Cherry-Guberman lCillRY PUBbh
~~ ~ColD;mission #DD792144
';,...",...,~' Exprres: MAY 27, 2012 ' lennf -er(~ - @KlbermQn
BONDED THRU ATLANTIC BONDING CO" INC. Type or Print Name
Commission No. Db '1 qdJ t..J~
My Commission Expires:
S:\CA\AGMTS\Water Service\power of atty. doc - 1-6-06
H'\1990\900182.BB\AGMT\Power of Attorney-Ind 1-6-06.doc
~:~:o~ 1\0; 86850 1111111111111111111111
Thi. Inslrument Prepared by Zahera Sadik. CE:"N 200~07a0:21;J
FlaglcrTitleCompany '~ OR BK 19701 PG 1182
11197 l'almBcach Lakes Blvd, SUIte 1~5 lECOlDEO 12/22/~ 18:24:34
West Palm Bca<:h, FJ"dda 33409 Pab Beach CoUQtr, Florida
Return 10 Grantee AIIT ~......
1t80 Highview Road Doc flta.p 6"".'"
Lantana. l'L 33462 Sbaron R. BoDIe, CLERK & COIIPTROUER
~~\ . . Pg 1182; (1P9)
Property Appr~)loCJ~J'am:ll O. (folio) Number(s)'
()(J-4.l-4'i-~O,0-~~~80
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;--;>)1 W1"1RRAN1Y nRRD
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711;5 Warra~~j.'~ud Made the 12th day of necemher, 2005, by Laura Segura, a sJIlglc person, whose post
oftlce address is: "~5lnavasu Ct., Lali.lO Worth, fL 33467,
hereinafter called tn.: gra~n:)
'<-'><~ ~
To Carlos l\unez and ~,tf~1:.\mez. hi~ wife, whose post oflicc addrcss IS: IISO Higlwiew Road, Lantana, fl
33462,::.,,'
hereinafter called the grantee, ... '-::<
\.::/) )
WTTNRSSETH, That sa\f.l'I<j:uwr, tor and in consideraTion of the sum of $10,00 Dollars and other valuable
considerations, receipl wherC<.lt'i's H~reby ackllowlC(\gcd herehy grants, hargains, lIells, aliens, remises, releases,
conveys and eontinns unto rhlO ~iiT~,~:~ that certain land situate in Palm Beach County, Florida, viz:
\..~
Lot 178 and the East 1/2 of Lot 179. R~,GROVE - ADDITION NO.1, according to tbe Plat thereof on tile III the
offiee of the Clerk of lhl: Cirellil Couk~~ [or Palm Beaeh County. Honda, recorded in Plat Rook 22, Page 43.
Said lands situate, lying and being in !>~Helleh County, Florida.
/":-~
t ( ,_.
SUBJECT TO rcstrictions, rcscrvlltionl,:e.l\,~ments ann covenants of record, if any, 10 the extenr that same are
val1d and enforccable, (:/-.\)"j
l \ ~.
\.~, J:';"..
TOGETHER with all the tenements, he~~:f;;;~1p; and appurtenance; thereto hekmgll1g or 111 anywise
appertaining.</'~", '.:.:
1,.",> "-.'
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TO HAVE 1LVD TO HOLD, the same III fee ~1I~)'ore~~,
,>>.,:) ..
AN'D mE GRAl\'TOR hereby Cllvenants with said ~~~1l;lat the grantor is lawfully seized of said land in fee
simple; that the gnmtor has good right and lawful authorit)i,~~~~nd convey said land; that the grantor hereby fully
warrants thc title to saId land and \l<ill defend the samc agams()hc.,w)lll claims ul'all pcrsuns whomsoever; amllhat
saId land IS free of all encumbrances, excepT taxes ~ccmjllg sll~~rent to December 31, 2005
, "
(1he I":J l7IS "gru.fllor" .,llld .'grant~l:" here;.. ~h"ll be: cUII~rutd \u \nd\H3t: oil ~eJH.h:nw'p-;~~ulllr or pJuml UN th~ context iTIuicutu...)
(, ,-
\.. ....... ~..
IN WITNESS WHEREOF, (jrantllr.ha~ hcn:unlu sel'~J;i~'~ hand and seal the day and year (irst
above written. " <', ",i " ' . \~;:'::j.<.:'-'~
~<,,/)l.
Signed, sealed and deli 'ered in our presence: ~'( <::::;.-<J \
~"~
, " ...,...//,::.=:-~
\\iltness Slgll11tur~ -=~_U
l'rinled l'ame: Zahe Laura Segura - ~ -...-
STATE OF Florida
COUNTY or Palm Oeach
The fureguing instrument was acknowledged before me this l2~ day ofDecem~r, 2005, by Laura Segura. who is/are
personally known to me or who has!lmve prodllced driver license()) as idmtiIieatiun.
C\1y Currunisswn ExpIres:
(I'otary Seal)
Book19701/Page1182 "" Page 1 of 1
Structural Detail Page 1 of 1
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Owner Name: NUNEZ CARLOS
peN Number: 00-43-45-09-09-000-1780
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDlNGl
Structural Element for Building 1
1. Exterior Wall 1 CB STUCCO
2. Year Built 1958
3. Air Condition Desc. NO HTG/ AC
4. Heat Type NONE Subarea and Sq. Footage for Building 1
5. Heat Fuel NONE No. Code Description Sq. Footage
6. 8ed Rooms 1 1. BAS BASE AREA 481
7. Full Baths 1 2. USP UNFINISHED SCRN. 145
8. Half Baths 0 PORCH
9. Exterior Wall 2 N/A 3. UST UNFINISHED 60
STORAGE
10. Roof Structure FLAT Total Square Footage: 686
11. Roof Cover BUILT-UP T/G Total Area Under Air: 481
12. Interior Walll ORYW All L'''j~.~j
13. Interior Wall 2 N/A
14. Floor Type 1 VINYL/ ASPH TILE , ' ..
15. Floor Type 2 N/A
16. Stories 1
Extra Feature
Description Year Built Units
PATIO ROOF 1981 66
PATIO 1981 66
Unit may represent the perimeter, square footage, linear fOQtage. total number or other
measurement of the feature depending on the feature described...
Detailed Land Information
Land Line # Description Zoning Units Acres
1. SFR RM 1 0
[killB'~J.~~J L,,, MMi.iRll."W",*,,"J IkArW"",'j~f~M'''''j'.j''%1ii
r~,::; nn.1 Sea\,("J'< I [xf.:mpt\;;l) ;:: \"jlt': IlnfurmaLon I t,xerYlptIG!1S I I r.'rnpJojfflenl. I Nt:w !1(1~nt' t3UYt;~f I
V,:--j!ue li,dJustin('nt board I :)av~' OUt HUTle~, I ~ .urn>-'r I Jhd(~vnt~r
I ""', I Cln"""'J I "I\.'~ I I; ')nrdd I "'M'il
(<:' 2010 Palm B"ach County Prop('rty ApV~lser.
;
http://www.pbcgov.com/papalaspx/web/detail_inf02.aspx?p _ entity=0043450909000 1780... 6/l4/201O
P . t P . Page 1 of 1
TIn reVIew
1180 Highview Road
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Selections
11 00434509090001780
Map Printed On {2010-06-29 10:14} _______ _
http://web2/utilitieslW ebPages/printIPrintPreviewPage.aspx 6/29/2010