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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. B3 i 1 Document in Windows Internet Explorer 15 ti 1 .h.. 2 PASSED AND ADOPTED this p day of December, 2011. 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 i 8 It 9 Mayo ► — Jy:, s riguez 1 r 11 12 Vice Ma or — William Orlove 13 14 Zt .1- e , 15 Commis ' e = oo row ...y 16 17 - _ I,� 18 Commissi. • e — S`e - • - : • A 20 7 21 Commissioner — Marlene Ross 22 ATTEST: 23 24 25 � 1_, . . /9L;4 26 t M. Prainito, MMC 27 t y Clerk 28 29 , 30 -4. ? 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'£ -- tb; aornaas hugs /CIDJ gotgm suogoauuoJ iutluaptsa2l luai1nmbg Q a.rati1 wwgi aa.12g i goioq XjiI ag1 put Jatuolsn3 aq j •Z ?c (V ligigxg) :aatuolsn3 Xq paumo st sluasaadaa aatuolsnD gotgm put smoiio. paquosap Xpadoad !gal agl aotnaas of tualsXS .14e indtotunN sl uzoaj aoinzas aawm glint aauzolsnD aptnoad of S001 '2! ag,L • I f ; :smoiioj sL aaa ?1 `su2Isst put saossaoons `scrag stg `aaurolsnD agl pug ,; goeag uoluXog Jo '2tJ alp `utaa0g passaadxa slutuanoo iunlntu alp put tualsXS aale■ iudtotunV agl k , uzoa� aornaas aalem 2urnt0001 Jo 3201F1ud agl jo uorleaap[suoo ut put aoj `H110,1121a11 MON LI • auzrl aiquorlonad 1sagae0 agl w t 1 ATU 0gl olut paornaas aq of / uadoad ag1 Jo uogtxauuu uo slttuti iuuogorpsunf slr Jo aprslno saornaas kJ-; aa1VA JO luUU� agl suogtpuoo 40tgm �Cogod seq g0nag uolu�Cog Jo '1t) agl `SV IgHM pug :Xpadoad s 01 aotnaOs aawm aptnoad of X4titgn agl sag gorag uoluIiog Jo ,C1tD agl `SVa I3HM I_IJ 11J 41 r3 put `aatuolsn3 paumo Xuadoad agl 01 aornaas aaNNm aptnoa tptaol3 `gorag uolu1Cog Jo' U3 alp iugl palsanbaa seg aatuolsn3 `SV [ HHM ,, a IJ 0 put :v `g0eag uoluiCog Jo KID amp slitu[i Ituo[lorpstanf ag2 Jo ammo Xuadoad mac sumo aauzolsnJ `SVg2I1HM 1. T`1 cr .„Xnp„ alp panto aaljeuta.taq `epuoiJjo all lS agl jo uotl1aodaoo iidtotuntu `HJdgg NOINAO1 AO A.LIJ 0142 pug `„Jatuolsn3l4 tr t alp panto aa1Jnutaaag `(uotleaodao3 Jo aui p) 0 ' i Le�a�J �i su -FUes u ;; aa mlaq PIM 'q ` l L 00Z ` aaquragcles 3 Grp 1146 al .L 6 srgl uo appNHL\Ig32I V SIHI rs1 NOLLb X3NNV 2IOd INVN1AOJ QNV A.LIJ gH.L 1UIS iIO EIJIA' HS 2Ig LVi 110,4 .LNHIAIHMIOV 111111111111111111 111111111 • 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 #DD 815142 0 4� G �ated�y�ements \WSA FORM -March 2010 rep sions.doc 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// . p •........ Y �i . be o F, o; : NOTARY P * . N * I S Type or Print 1 e #DD 815142 4 74 °. : 44, 8 J . • e Commission No. 1 pp 6 ye, My Co he!'„`. .... mmission ���. As. (le i ;! i l� ...• � 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