R11-132 1 RESOLUTION NO. R11- t 3 oL
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 SANTOS H. CARBALLO;
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 1021 Peak Road, Lantana, Florida (PCN: 00- 43 -45-
14 09 -09- 000 - 2780); 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 Interim City
26 i Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida
27 ! ; and Santos H. Carballo, a copy of said Agreement is attached hereto as Exhibit "A ".
28 1 Section 3. This Resolution shall become effective immediately upon passage.
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2 PASSED AND ADOPTED this p day of December, 2011.
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4
5 CITY OF BOYNTON BEACH, FLORIDA
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9 Mayo ► — Jy:, s riguez
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12 Vice Ma or — William Orlove
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15 Commis ' e = oo row ...y
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18 Commissi. • e — S`e - • - : • A
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21 Commissioner — Marlene Ross
22 ATTEST:
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25 � 1_, . . /9L;4
26 t M. Prainito, MMC
27 t y Clerk
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4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City .
exclusively unless otherwise conveyed or abandoned to the property owner. ; w
6. The Customer 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 applicable which may be changed from time to time.
7. Any rights -of -way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph I above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and all subsequent transferee, grantees, heirs, successors and assigns.
10. 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.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
2
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 Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
.12. No additional 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.
13. The Customer warrants to the City that Customer-holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BO,YNTON BEACH AND
(INSERT NAME)
IN S WHEREOF, the parties hereto have set their hands and seals this
day of
A Z WHEREOF,
WITNE . as to Owners: INDIVIDUAL(S) AS OWNER(S):
itnes. Signature Owner Signature
Print- E Witness Name Printed Owner Name
��o +-o' odi y�Z
Printed Witness Name
Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF Z
) ss:
COUNTY OF r
,J
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
(b.4hJ/o 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:
hand and official seal in the County and State last aforesaid this /40 day of
ii 20 /1 .
,.•'g sSIoiv 4 `
°li witil4ob erq %•.
? 9• Tr.; ∎ &
l +tinrnissiafl Aires: �K 24/2 Notary Public
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Santos H. Carballo (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Lori LaVerriere, Interim 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
, Interim City Manager of the City named in the foregoing
agreement and that she acknowledged executing same and voluntarily under authority duly
vested in her 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:
G: \Water Service Agreements \WSA (Indivual) rev 092211.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
UWe, Santos H. Carballo , 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 -2780
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 16 day of September, 2011
and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the / c. day of
in the year 20_.
Sealed and • elivered in the presence of
1-6111tga
Witness Signa - Owner Signature A AT l' T-0T-0,5 Q c A rb PG-L
Print Name - 'Print Name
Witness Signature
Print Name
pr-
Witness Signature Owner Signature
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE OREGOING INSTRUMENT was ackn wle d fo 9 me this /C day of
20! , by D / 0 and
, who are own y• me or who have produced
, as identification and who did/did not take an oath.
� 0 JIMEN//
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. be o F, o; : NOTARY P
* . N * I S Type or Print 1 e
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S: \CA\AGMTS \Water Service \power of atty.doc — 1 -6 -06
H•11990 \ 900182.BB\AGMT'Power of Attorney -Ind 1- 6- 06.doc
Palm Beach County Property Appraiser Property Search System Page 1 of 1
- Property Information
Location Address: 1021 PEAK RD
Municipality: UNINCORPORATED
Parcel Control Number: 00- 43 -45 -09 -09-000 -2780
2011 -
Subdivision: RIDGE GROVE ADD 1 IN
Reverse Side
Official Records Book: 24703 Page: 447 Sale Date: Aug -2011 Help
Legal Description: RIDGE GROVE ADD NO 1 LT 278
- Owner Information
Name: CARBALLO SANTOS H _
Mailing Address: 4759 WEYMOUTH ST
LAKE WORTH FL 33463 2224
- Sates Information
Sales Date Book /Page Price Sale Type Owner 46981:2911688618
Aug -2011 24703/0447 $26,000 WARRANTY DEED CARBALLO SANTOS H
Jan -2011 24324/1831 $26,200 CERT OF TITLE NATIONSTAR MORTGAGE LLC
Feb -2003 14799/1154 $70,000 WARRANTY DEED EXANOR JESNER
I Exemptions
Exemption Information Unavailable.
- Appraisals
Tax Year: 2011 P 2010 2009 - Property Information —
Improvement Value: $19,679 $19,679 $48,519 Number of Units: 1
Land Value: $6,000 $10,720 $29,778 *Total Square Feet: 1130
Total Market Value: $25,679 $30,399 $78,297 * May indicate living area In
Use Code: 0100- RESIDENTIAL residential properties.
All values are as of 3anuary 1 each year P = Preliminary Values
- Assessed and Taxable Values
Tax Year: 2011 P 240 2009
Assessed Value: $25,679 $30,399 $78,297
Exemption Amount: $0 $0 $0
Taxable Value: $25,679 $30,399 $78,297
- Taxes
Tax Year: 2011 P 2010 2009
Ad Valorem: $506 $601 $1,491
Non Ad Valorem: $314 $301 $276
Total Tax: $820 $902 $1,767
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.pbcgov.com/papa/aspx/web /detail info.aspx ?p_entity= 00434509090002780... 10/18/2011
t 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 TUESDAY OF EVERY MONTH)
Sincerely,
Anthony M. Penn
Customer Service Manager Utilities
Owners Information
Owner's Name: Santos H. Cat
Mailing Address: 4759 Weymouth Street Lake Worth, FL 33463
No. & Street City State Zip Code
Telephone No.: 561- 540 -4334 Contact Hector Cabrera
Property Information:
Address: 1021 Peak Road, Lantana, Florida 33462
No. & Street City State Zip Code
Property Control Number (PCN) 00434509090002780