R11-096r�
I RESOLUTION NO. R11- ONO
iJ
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 TONI A. ANDREWS;
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 7727 Overlook Road, Lantana, Florida (PCN: 00 -43-
14 45- 09 -04- 000 - 0010); 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 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 Toni
27 A. Andrews, 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 ServicMcso - Andrews Water Service Agreement.doc
If
1
2 PASSED AND ADOPTED this
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22 ! ATTEST:
23
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25 IL,.t.L
26 J t M. Prainito, MMC
27 ity Clerk
28
29 ® .
30
31
32 (C r t 1)
33
(0 day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
Mayas — iguez
'Vice or —William Orl V
o m n ooaro
�'
ommissione S o
Commissioner — Marlene Ross
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AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS
(Individuals)
This Agreement, made on this 13 day of June
Toni A Andrews
, 20 11 , by and between:
, 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.
3. Owner(s) shall not use or supply water it receives from the City to service or benefit any
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 / L (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 $ + orrly 1}e
Owner(s), unless written permission is granted by the City of Boynton Beacl �r of 6r
party or parties to connect pursuant to the Code of Boynton Bea " - 7 -3 `
t -t: a Ire
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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 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.
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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 BO,YNTON BEACH AND
TONI A Andrews (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 13
day of June , 20 11 .
WITNESS as to Owners:
Witness Signatu e 'er_
Printed W(itneis Name
INDIVIDUAL(S) AS OWNER(S):
Owner Signature
Toni A Andrews
Printed Owner Name
Signature �---
Prin Witness Name ,
Witness Signature
ignited- Witness Name - -��
.� 4-
Owner Signature
Toni A Andrews
Printed Owner Name
i nes§ Signat
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF
ss:
COUNTY OF
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
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: a ) &Q. )�9 / 70 ABU -' -
WITNESS my hand and official seal in the County and State last aforesaid this day of
Tune , 20 11
(Not-, y,
��.'�.i.�,.�••. LORRAINE E. AZZINARO
Commission # EE 037903 �-�
My C - Exonf3ecember 19, 2014 N&a P is /
8mW T1ru Troy Fain hwaance 800.3857019
G: \Water Service Agreements \WSA FORM -March 2010 revisions.doc
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Toni A Andrews (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Lori LaVerriere, Interim City Manager
ATTEST:
City err
Appro
City A
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 4t Iresaid to take acknowledgments, personally appeared
l 3i " "'Crty 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.
ITNF_SS nay hand and official seal in the County and State last aforesaid this rl
day of '_ - ®,,, ^ s4 , 20 "(
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(Notary Seal)
Notary Public
My commission expires: ~t ��.. �" � rr l �e �. n 4 ' �.�, -4
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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 ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Palm Beach
I /We, Toni A Andrews, 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 -04- 000 -0010
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 14 day of June, 2011 and the
powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the j—f-- day of
June
in the year 2011.
Sealed and delivered in the presence of
W f itness Signature
rrrr uc
t s Signature
Pr' am /
itness Signat rue
ame
1Y\
Print Name
(
Owner Signature
Toni A Andrews
Print Name
"j 'L
Owner Signature
Toni A Andrews
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was �eknowled ed bTyr e this "_ day of
June 11 20 by �/ Uhji' _ �,�3 and
who are known to me ' or who have produced
►q i�D�t ��� , as identificat'on ' d who did /did not take oath.
.. .. ... LORRAINE E. AMINARO om ( 7TARY PU LIC
Commission # EE 037903
>a Expires December 19, 2014
B01TM Tf° y pe o r Print Name
Commission No. ) — / F - 6 �20 / V
My Commission Expires:
S:\CA\AGMTS \Water Service \power of atty.doc — 1 -6 -06
H:\ 1990 \900182.BBWGMTI Power of Attorney -Ind 1- 6- 06.doc
The City of
Boynton Beach
September 20, 2011
MS. SHARON BOCK, RECORDING MANAGER
PALM BEACH COUNTY CLERK OF THE CIRCUIT COURT
P. O. BOX 4177
WEST PALM BEACH, FL 33402
F-1 ik�
Dear Ms. Bock:
Please record the following seven (7) pages as one (1) document.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
FOR
TONI A. ANDREWS
7727 OVERLOOK DRIVE, LANTANA, FL 33462
PCN: 00-43-45-09-04-000-0010
If you have any questions, please do not hesitate to contact me.
Very truly yours,
[elm Mel a 11■-1• 0 011 01100-3 0 M
Janet M. Prainito, MMC
City Clerk
c: Central File
PBC Recording File
S:\CC=P\PBC recordingWater Service Agreements1201 1 \Toni A. Andrews 7727 Overlook Road.doc
'An Equal Oppoi ADA Employer"
Structural Detail
Structural Element for Building 1
1. Exterior Wall 1
CB STUCCO
Subarea and Sq. Footage for Building 1
2, Year Built
1957
No. Code Description Sq. Footage
3. Air Condition Desc.
HTG & AC
1. BAS BASE AREA 720
4. Heat Type
FORCED AIR DUCT
SFB SEMI FINISHED
S. Heat Fuel
ELECTRIC
2. 100
BASE AREA
6. Bed Rooms
2
FOP FINISHED OPEN 32
7. Full Baths
I
3.
PORCH
8. Half Baths
0
4. FOP FINISHED OPEN 42
9. Exterior Wall 2
N/A
PORCH
10. Roof Structure
GABLE/HIP
S. FCP FINISHED CARPORT 200
11. Roof Cover
ASPH/COMP. SHG.
6. UDU UNFINISHED DET. 54
UTILITY
12. Interior Wall I
PLASTER
Total Square Footage 1148
13. Interior Wall 2
N/A
Total Area Under Air 820
14. Floor Type 1
CARPETING
15. Floor Type 2
N/A
I
L w m w
16. Stories
Extra FeaturE
Description
Year Built Units
11957 164
UTILITY BUILDING
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
I- Detailed Land Information
Land Line #
1Zoning Units l Acres
1Description
SFR
RM 0
BaC k �* �amh
Print
Record Search
I Exemption E-File I Information I
Exemptions I Community I Employment I New Home Buver Office Locations
Value Adjustment Board I Save Our Homes I Semor Corner I Disclaimer
Home I Links I
Glossa I FAQ I L= I Contact Us I PAPA
v-1. 2011 Palm Beach County Property Appraiser.
I
Page I of I
http:llwww.co.palm-beach. fl.uslpapalaspxlwebldetail 8/8/2011
Owner Name: ANDREWS TONI A
PCN Number: 00-43-45-09-04-000-0010
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING I II � 11 1 11 1
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.
4. Names in the blanks must match the owners' name as it appears on the deed.
• Correct example: John R. Customer and Alice D. Customer
• 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 1 sT AND 3 RD TUESDAY OF EVERY MONTH)
Sincerely,
Peter V. Mazzella
Deputy Director of Utilities
Owners Information
Owner's Name: Toni A Andrews
Mailing Address: 4333 canal 8 rd
No. & Street
Telephone No.: 561 - 900 -6054
Property Information:
West Palm Bch FL 33406 Apt#G
City State
Address: 7727 overlook rd Lantana FL 33462
No. & Street City
State
Zip Code
Zip Code
Property Control Number (PCN) 00- 43- 45- 09 -04- 000 -0010
Palm Beach County Property Appraiser Property Search System
- Property Informatior
Location Address:
7727 OVERLOOK RD
yyy Md
Municipality:
UNINCORPORATED
Calculate
Exemption Amount: $25,000
$40,515
Portability
Parcel Control Number:
00- 43- 45- 09 -04- 000 -0010
$25,000
- Taxes
2010 Proposed
Subdivision:
HYPOLUXO RIDGE ADD 1 IN �#41•lYllil;l
Q ...
Ret ctrsic tilck'
Official Records Book:
Page: Sale Date:
1 l e l p
Legal Description:
HYPOLUXO RIDGE ADD NO 1 LT 1
- Owner Information:
Name:
ANDREWS TONI A
Aft f?YVnr6 }
Mailing Address:
7727 OVERLOOK RD
LAKE WORTH FL 33462 5938
- Sales Information
Sales Date Book /Page
Price S ale Ty ke Owner
Apr -2000 11728/0907
$58,000 WARRANTY DEED ANDREWS TONI A
Jun -1996 09340/1176
$100 QUIT CLAIM
Feb -1996 09159/1523
$45,000 WARRANTY DEED
- Exemptions
Applicant /Owner
Year
Detail
ANDREWS TONI A
2011
Dirt8116
- Appraisals
Tax Year:
2010 2009 2008 -
Property Information —
Improvement Value:
$19,036 $47,335 $82,372
Number of Units: 1
Land Value:
$16,676 $46,321 $64,113
*Total Square Feet: 1148
Total Market Value:
$35,712 $93,656 $146,485,
* 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 . 010
2009
2008
Assessed Value: $35,712
$65,515
$65,450 Structure Deta
Exemption Amount: $25,000
$40,515
$40,450
Taxable Value: $10,712
$25,000
$25,000
- Taxes
Tax Year: 2010 2009
200 Tax, Calculator,
Ad Valorem: $212 $600 $536 ,_...A. -•.
Non Ad Valorem: $301 $276 $256 Details
Total Tax: $513 $876 $792•. i
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.
Page 1 of 1
http: / /www.co.palm beach. fl. us / papa /aspx/web /detail_info.aspx ?p_ entity = 00434509040000010 &geonav =... 8/8/2011
The City of
Boynton Beach
September 20, 2011
MS. SHARON BOCK, RECORDING MANAGER
PALM BEACH COUNTY CLERK OF THE CIRCUIT COURT
P. O. BOX 4177
WEST PALM BEACH, FL 33402
F-1 ik�
Dear Ms. Bock:
Please record the following seven (7) pages as one (1) document.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
FOR
TONI A. ANDREWS
7727 OVERLOOK DRIVE, LANTANA, FL 33462
PCN: 00-43-45-09-04-000-0010
If you have any questions, please do not hesitate to contact me.
Very truly yours,
[elm Mel a 11■-1• 0 011 01100-3 0 M
Janet M. Prainito, MMC
City Clerk
c: Central File
PBC Recording File
S:\CC=P\PBC recordingWater Service Agreements1201 1 \Toni A. Andrews 7727 Overlook Road.doc
'An Equal Oppoi ADA Employer"
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Toni A Andrews (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Lori LaVerriere, Interim City Manager
ATTEST:
City err
Appro
City A
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 4t Iresaid to take acknowledgments, personally appeared
l 3i " "'Crty 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.
ITNF_SS nay hand and official seal in the County and State last aforesaid this rl
day of '_ - ®,,, ^ s4 , 20 "(
r 4
(Notary Seal)
Notary Public
My commission expires: ~t ��.. �" � rr l �e �. n 4 ' �.�, -4
1` 1 t
sa4itlrfrr �Ht�kG�'1TJ.` --'� 4.;�lE ii"If'�3�d�7�'C'Ills
Nil J
? bTr1Y�1i5 6� p # 4
C: \Documents and Settings \penny \Local Settings \Temporary Ini_ernzt:
E'- 1es \0LKB \WSA (Indis-ual 08177.7. re-. (2) (2).doc
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