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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 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ! ATTEST: 23 24 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 S: \CA\RESO\Agreements \Water Service \Reso - Andrews Water Service Agreement.doc a J D � � d co 914 G A(J l4N`v U -4N 'g c eoa� N tp ° a ° � o� roX tm UDaa.tna. R >> -o4( 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 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: \Water 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, 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 G: \Water Service Agreements \WSA FORM -March 2010 revisions.doc -3- 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 "( 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 —5— 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 —5—