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R11-095I 1 RESOLUTION NO. R11- 095 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 CATHY HOWARD; 9 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 1236 Peak Road, Lantana, Florida (PCN: 00- 43 -45- 14 09 -09- 000 - 2480); and 15 WHEREAS, the parcel covered by this agreement includes a single family home 16 located in the unincorporated Palm Beach County which receives water from a well; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 allowing for the service to this parcel. No additional construction will be required by the City 19 to serve this property 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 I !, 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 Cathy 27 Howard, a copy of said Agreement is attached hereto as Exhibit "A ". 28 Section 3. This Resolution shall become effective immediately upon passage. S \CA\RESO\Agreements \Water Service\Reso - Howard Water Service Agreement.doc 1 3 4 5 6 7 8 9 10 12 13 14 15 16i 17 18� 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 tk PASSED AND ADOPTED this day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA Mayor— ATTEST: Jan M. Prainito, MMC y Clerk SACA\RESOWgreements \Water Service\Reso - Howard Water Service Agreement.doc Commissioner — Marlene Ross 111111111111111111111I R ll-oqo- (ft." ::r- AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS ~ r .., m (Individ uals) o z :J c ::U-;w This Agreement, made on this l(9~ i! day of Au~v ~) . ..:0. , 20~, by and between: OJ tv o 0 o ..... ;w::- ..... - 0 (lfU-fliCHlr \ l>ehjOJOL ~ uLLJJJd c) .:.,) r 01 , hereinafter called the "OWNER(S)," mID ::ut5) :x. ..... and (.\'.>0 c) ::u OOJ THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, ~ g hereinafter called the "CITY." ~ ^ ::U=1:i WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants ~ f) exchanged herein, agree as following: ~ rr: . h.# .f:>, ~.! 1. Owner(s) represents and covenants that it owns the following described real property (fj .f:>, (hereinafter "Property") located outside the boundaries of the City, but in the City's water ~ ..... and wastewater service area: (fJ tv 0 2. The City agrees to provide Owner(s) with water services from the City water system only ):> --I m as necessary to service the Property. . . 0 co 3. Owner(s) shall not use or supply water it receives from. the City to service or benefit any t;) ~.1 t;) property other than the Property described in parag;raph 1 above, unless written 0 ..... permission is granted by the City of Boynton Beach. ..... ..... ..... 4. The Property requires li(specify number) Equivalent Residential Connection(s). t...;. !~) 0 .f:>, 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and \J 1.0 inspection of the facilities as required by the City Code to provide service to the (I) a Owner(s)'s premises. ..... (fJ t,";' I 6. The Owner(s) shall be responsible for installation and conformance with all applicable ..... .:fJ codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such !~J lines shall first be approved by the Director of Utilities and subject to inspection by the "....~ ':.1, -0 City Engineers. 1.0 (I) "-J 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. G:\Water Service Agreements\WSA FORM-March 2010 revisions.doc -1- 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 is 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 any one 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 of Owner(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. G: \;^later Service Agreements \WSA FORM -March 2010 revisions.doc -2- 17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of City Commission, officexs, 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 G: \Water Service Agreements \WSA FORM -March 2010 revisions.doc -3- AND CATHYANN D. HOWARD IN WITNESS day of J�"_I WHEREOF, the parties hereto have set their hands and seals this 1(o , 20 � ) . WITNESS as to Owners: Wit ss Signature Printed W ness Name INDIVIDUAL(S) AS OWNER(S): (� Me Signatures (,r�h4u�r1 �i Printed Owner Ndme X- I IAr_ Wit ness Signa e Printed Witness ame Witness Signature Printed Witness Name Witness Signature Printed Witness Name Owner Signature Printed Owner Name FOR OWNER(S) NOTARIZATION: STATE OF P {br 1 cI 0 ) ss: COUNTY OF ? 1 Y 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State a foresaid and in the 1 I County I aforesaid to take acknowledgments, personally appeared (, tl) Yl �f UUC l (� 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: R b L ( WITNESS my hand rd official seal in the County and State last aforesaid this � (� X11 day of ! 1_ U �! I_! >T 20 l (Notary Seal) NOTARY PUBLIC -STATE OF FLOFsDA s• " " "•., Catherine Che Guberman ( J / Commission DD79���14��4� M y Commission expires: : Expires: MAY 27, r' Public BONDED nMU ATLANTIC BONDING CO., INC. E: \waccache \Loca1CacheStore \NT AUTHORITY_NETWORK SERVICE\5ce3c47a-c421-4467- 8a01- 4bc4569dab87 \output.docx -4- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOUR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CATHYAANN D. HOWARD (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Lori LaVerriere, Interim City Manager AT'T'EST: ( tC Clerk Appi City STATE OF FLORIDA } ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before nee, an officer duly authorized in the State aforesaid and in the Coyg y .. a oresaid to take acknowledgments, personally appeared i 4 t =' f i ( lty Manager of the City named in the foregoing agreement and that he acknowledged exectiting 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 _ `''.` t'('f i 'f ` 200 k (Notary Seal) A :... i'!i. i :tl..w f .f':'' I. ' ' ... r�' , .. �.' ..'_, 0, Notary Public My commission expires: NOj PU -!c -STATE OF FLORDA ,,,,, aC;;wC Gherq- Guterman 1 aritr�issio 792144 Fxplres: MAY 7.7, 241.2 C:\Dccuments and Settings \penna \Local Setti-ngs\Temp©rary TnU rnet Files \Ci1-KB \'WSA (Indi , ual 081711 re- (2) (2) .doc —5— Th City of Boynton Beach September 20, 2011 MS. SHARON BOCK, RECORDING MANAGER PALM BEACH COUNTY CLERK OF THE CIRCUIT COURT P. 0. BOX 4177 WEST PALM BEACH, FL 33402 r-N UJIMEMEM"B: 110 �-6 :9 Ml Please record the following seven (7) pages as one (1) document. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS FOR CATHYANNE D. HOWARD 1236 PEAK ROAD, LANTANA, FL 33462 PCN: 00-43-45-09-09-000-2480 If you have any questions, please do not hesitate to contact me. Very truly yours, Janet M. Prainito, MMC City Clerk c: Central File PBC Recording File S:\CC\WP\PBC recordingWater Service AgreementsWl 1 \Cathyanne D. Howard 1236 Peak Road.doc 'An Equal Oppot-ttiiiity'AffiriiiativeActioii 'ADA Employer' 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 ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF hh]Q — & J( 1 i 4l I /We, CATHYANN D HOWARD, 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 -2480 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 10 day of August, 2011, and the powers and authority shall be irrevocable by Grantee. Structural ]Detail Structural Element for Building 1 . 1. Exterior Wall 1 CB STUCCO :2. Year Built 1950 3. Air Condition Desc. NO HTG /AC 4. Heat Type NONE S. Heat Fuel NONE 6. Bed Rooms 2 7. Full Baths i 8. Half Baths 0 9. Exterior Wall 2 N/A 10. Roof Structure FLAT 11. Roof Cover ROLLED COMP 12. Interior Wall 1 PLYWOOD PNL. 13. Interior Wall 2 DRYWALL 14. Floor Type 1 CERAM /QARY TILE 15. Floor Type 2 N/A 16. Stories 1 Extra Feature Description No Extra Feature Available r- Detailed Land Information Land Line # Description ISFR 1. Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 962 UCP UNFINISHED 2 ' CARPORT 276 UST UNFINISHED 3 ' STORAGE 120 FEP FINISHED 4 ' ENCLOSED PORCH 208 Total Square Footage : 1566 Total Area Under Air : 962 . W .. ['�r8vrirwtl�l�►. Year Built jUnits Zoning Units Acres RM 1 0 I _ to .search _ I oecaal. 9 Record tiearch I Exemption E -File I Information I Exemptions I Community I Ernolownent New Home Buver I Office I_ocatir is Value Aduistment Board I Save Our Homes I Semor Corner I Disclaimer Horne I Unks I Glossary I FAQ I Forms I Contact Us I PAPA «) 2011 Palm Beach County Property Appraiser. Page 1 of 1 http: / /www.co.palm- beach.fl.usl papa /aspx/webldetail_info2.aspx ?p_entity= 00434509090002480 &Owner... 8/16/2011 'LS p � p � � y o Z Q Q R COUNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS a c F c c � PROPERTY CONTROL NUMBER I YEAR I CMC I COLLECTOR NO. 00- 43- 45- 09 -09- 000 -2480 2010 20 101293924 R 5 - 151846 HOWARD CATHY 3529 GULFSTREAM RD LAKE WORTH FL 33461 -3521 EXEMPTIONS APPLIED LEGAL DESCRIPTION TO THIS PROPERTY RIDGE GROVE ADD NO 1 LT 248 SEE REVERSE SIDE FOR MORE INFORMATION ANNE M. GANNON, CONSTITUTIONAL TAX COLLECTOR SERVING PALM BEACH COUNTY PAY ONLINE: Go to our secure website at www.taxcollectorpbc.com. The website has easy instructions to eD follow and allows you to print your receipt. 4 COUNTY OF PALM BEACH: NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS a c F c c � PROPERTY CONTROL NUMBER I YEAR I CMC I COLLECTOR NO. 00- 43- 45- 09 -09- 000 -2480 2010 20 101293924 R 5 - 151846 HOWARD CATHY 3529 GULFSTREAM RD LAKE WORTH FL 33461 -3521 EXEMPTIONS APPLIED LEGAL DESCRIPTION TO THIS PROPERTY RIDGE GROVE ADD NO 1 LT 248 SEE REVERSE SIDE FOR MORE INFORMATION ANNE M. GANNON, CONSTITUTIONAL TAX COLLECTOR SERVING PALM BEACH COUNTY TOTAL AD VALOREM 597.31 LEVYING AUTHORITY SOLID WASTE AUTHORITY TELEPHONE 561 - 697 -2700 RATE AMOUNT \� \ 301.00 L TOTAL NON -AD VALOREM TOTAL AD VALOREM AND NON - AD VALOREM COMBINED Nov 30, 2010 $862.38 DETACH HERE AMOUNT DUE W EN POSTMARKED BY Dec 31, 2010 Jan 31, 2011 Feb 28, 2011 Mar 31, 2011 $871.36 $880.35 $889.33 , $898.31 "SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION" 301.00 898.31 TAXES ARE DELINQUENT APRIL 1 DETACH HERE PAY ONLINE: Go to our secure website at www.taxcollectorpbc.com. The website has easy instructions to follow and allows you to print your receipt. 4 �EFE3Rt;. C ALLIN G TAXING AUTHORITY TELEPHONE ASSE SSSED EXEMPTION TAXABLE MILEAGE TAX AMOUNT COUNTY 561 -355 -3996 30,214 30,214 4.7500 143.52 COUNTY DEBT 561 -355 -3996 30,214 30,214 0.2460 7.43 FIRE /RESCUE MSTU 561- 355 - 3996 30,214 30,214 3.4581 104.48 LIBRARY 561 - 355 -3996 30,214 30,214 0.5491 16.59 LIBRARY DEBT 561 -355 -3996 30,214 30,214 0.0578 1.74 CHILDRENS SERVICES COUNCIL 561 -740 -7000 30,214 30,214 0.7513 22.70 F.I.N.D. 561 - 627 -3386 30,214 30,214 0.0345 1.04 PBC HEALTH CARE DISTRICT 561 - 659 -1270 30,214 30,214 1.1451 34.60 SCHOOL LOCAL 561 - 434 -8837 30,214 30,214 2.4980 75.47 SCHOOL STATE 561 -434 -8837 30,214 30,214 5.6560 170.89 SFWMD EVERGLADES CONST PROJECT 561- 686 -8800 30,214 30,214 0.0894 2.70 SO FLA WATER MANAGEMENT DIST. 561 - 686 -8800 30,214 30,214 0.2549 7.70 SO FLA WATER MGMT - OKEE BASIN 561 -686 -8800 30,214 30,214 0.2797 8.45 TOTAL AD VALOREM 597.31 LEVYING AUTHORITY SOLID WASTE AUTHORITY TELEPHONE 561 - 697 -2700 RATE AMOUNT \� \ 301.00 L TOTAL NON -AD VALOREM TOTAL AD VALOREM AND NON - AD VALOREM COMBINED Nov 30, 2010 $862.38 DETACH HERE AMOUNT DUE W EN POSTMARKED BY Dec 31, 2010 Jan 31, 2011 Feb 28, 2011 Mar 31, 2011 $871.36 $880.35 $889.33 , $898.31 "SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION" 301.00 898.31 TAXES ARE DELINQUENT APRIL 1 DETACH HERE 4D Water Service Agreements Outside the City of Boynton Beach Limits (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 1. 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. 01&,\N \ 4. Names in th z Co N Inc � S 5. Attach a su�� number. 6. Provide th ty 7. Return all NOTE THAT THIS APPLIO THE TIME 5 DATE OF n ,�.� MEETINGS. tom' ' '� Sincerely, Anthony M. Penn Customer Service Manager Utilities Owners Information 1 the deed. ier ), or provide the property control sEK'S REVIEW TIME TO PROCESS THE CITY COMMISSION METING. S FROM DATE OF SUBMITTAL TO UAL DATES FOR COMMISSION 2D TUESDAY OF EVERY MONTH) Owner's Name: Cathyann D. Howard Mailing Address: 3529 Guy'stream Road, Lake Worth, Florida 33461 No. & Street City Telephone No.:561 -523 -8213 Property Information: Address: 1236 Peak Road, Lantana, Florida 33462 No. & Street City State Zip Code State Zip Code Property Control Number ("PCN) 00- 43- 45- 09 -09- 000 -2480 Page 1 of 1 Municipality: UNINCORPORATED Parcel Control Number: 00- 43- 45- 09 -09- 000 -2480 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 23565 Page: 1724 Sale Date: Oct -2009 Leqal Description: RIDGE GROVE ADD NO 1 LT 248 - Owner Information Name: HOWARD CATHY Mailing Address: 3529 GULFSTREAM RD LAKE WORTH FL 33461 3521 - Sales Information Sales Date Book /Page Oct -2009 23565/1724 Jul -2009 23432/0572 Feb -2009 23066/1151 Price Sale Tvve Owner View Map Calculate Portability 2010 Proposed lZcvci•ti�� �ici� IUP All Sa i $30,000 WARRANTY DEED HOWARD CATHY $10,830 QUIT CLAIM STONECREST INCOME & OPPORTUNITY FUND 1 L $100 CERT OF TITLE JPMORGAN CHASE BANK NATIONAL ASSN Exemptions Exemption Information Unavailable. - Appraisals Tax Year: 2010 2009 2008 - Property Information — Improvement Value: $18,303 $46,023 $82,082 Number of Units: 1 Land Value: $11,911 $33,087 $45,795 *Total Square Feet: 1566 Total Market Value: $30,214 $79,110 $127,877 * May indicate living area in Use Code: 0100 RESIDENTIAL residential properties. All values are as of January 1 each year - Assessed and Taxable Values Tax Year: 2 2_00_9 2 Assessed Value: $30,214 $79,110 $127,877 StrUGtUre Detail, Exemption Amount: $0 $0 $50,000 Taxable Value: $30,214 $79,110 $77,877 - Ta x,:. Tax Year. 2010 2009 2008 Tax Cakallator Ad Valorem: $597 $1,507 $1,503 Non Ad Valorem: $301 $276 $256 Total Tax: $898 $1,783 $1,759 Detaii5 Tax Collector WebSite 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.fl.us /papa/aspx/ web /detail_info.aspx ?p_entity= 00434509090002480 &geonay... 8/16/2011