R12-021 11
1 RESOLUTION NO. R12 -021
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 MARY B. LACEY;
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 1079 Highview Road, Lantana, Florida (PCN: 00-43 -
14 45- 09 -09- 000 - 2070); and
15 WHEREAS, the parcel covered by this agreement is located in unincorporated Palm
16 Beach County area outside of the City limits in our water service area north of Miner Road
17 between North Searcrest Boulevard and Federal Highway, which property receives water from '
18 a well and the owner now requests that we provide potable water in the future; and
19 WHEREAS, no additional construction will be required by the City to serve this
2d 1 property.
211 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
I1
22 I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
231 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24I I being true and correct and are hereby made a specific part of this Resolution upon adoption
1
211 hereof.
26 Section 2. The City Commission hereby authorizes and directs the Interim City
II
271 Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida
I
28 and Mary B. Lacey, a copy of said Agreement is attached hereto as Exhibit "A ".
i Document in Windows Internet Explorer
II •
1 Section 3. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this 20 day of March, 2012.
3
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
Mayp —
o . Hay
10 /l
1t 12 1/1(Of
ce or— Wi $
11 '' ,' -- -
1 4
1 S • er — p ack Mc y
1 $ Commissio er — S even Ho
16
2t Commissioner — Marlene Ross
21 ATTEST:
2 �1
•
2. J. et M. Prainito, MMC
2? — ity Clerk
2
311
31 �..
3 P ( `rparitO Seal)
31 � A
I
Document in Windows Internet Explorer
R la — oar
AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS
(Individuals)
This Agreement, made on this 15 day of FEBRUARY , 20 12 , by and between:
MARY B. LACEY , 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 1.8 (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 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.
C: \Documents and Settings \moyser \My Documents \WATER AGREEMENT PACKAGE \WSA
(Indivual) rev 092211.doc
-1-
-T-
oop'TTZZ60 na.z (TenATpuI)
KSM \g` Y 3Kd ,LnawRallev 2is.t.KM \squamnooa AN\aasicom \sbuTggaS pup squauinooa\ :
.got?ag uolu1og jo apoj aql of lu1ns1nd pauuoo oI sagird zo Xpnd
iaglo ioj poeag uoluXog jo ID aqI Xq palutu st uotsstuuad uallIJm ssaiun `(s)Jaumo
alp JoJ 1iuo pasn aq Hurls luauzaaBv aq1 iapun apnuz uotsuaixa uirtu Ialnm 'CLINT - g
')IJom a4I 2utptnoad Jo slsoo rumor idol aril Ind oI i(.nsSaoau aq /Cnu.t sr spunj
I'uatltppn Lions CIDD alp of aournp1 osip Ilim (s)aaumo aql `pauuojaad )pom lions seq 1(113
aql lUana aql uI •joa1agl slsoo paiWuzilsa IIn aouenpn ui 1Cid 11im (s)Jaumo aql asno gotgm
ut pauuoliad )atom aq1 anvil 1nu1 X113 aql to Atom 1.14 ssaoau aql u.uojiad of 1oloe.iluoo
pasuaoil i asn oI (s)Jaumo aqI uiainba.i laglta 10 uoildo alp ant?u Iinus 1( 113 aq1 .L
r;r•
'S1aaUOug X1 r3
all 1q uotloadsui of Ioafgns pur sailgtln jo aoloair( aq1 Xq pano.tddn aq lsnj Ins sap
Bons lir put sasituaid s,(s)1aumo aqI uodn sap ODIAIOS [pp suogrin 01 puu `saltu `sapoo
alquotjddn iir gltm aout?u.uojuoo pui uotlu1l1isut .1oJ aigtsuodsai aq hugs (s)laum0 au '9
'„
•sastwaid s,(s)Jaumo
; ; au 01 ao!AlaS aplAwd oI apo3 .1(113 aqI 1q pa.ttnbai sr Satliiiouj aq1 Jo uopoadsui
pur `uotll?IIt1sui `lognl `Inizalnut ` &Ui.IaauOua jo slsoo ire 1(d oI saaAr (s)Jaum0 0 141
'(s)uotloauuoD laai1ninbg (aagwnu Moods) 8 saiinba.z Xlzadold ara
f,
•gorag uolu1Cog Jo 1(113 aq1 Xq palui12 st uotsstuuad
ualli.tm ssaiun `anoqu I gde.t2et>?d ut pagt.tosap Cltadold a mil 1aglo 4iadoid
,c;U1 ltjauaq 10 aotn.zas 01 X11 a I tuaa santaoaz 1! Jam 1 ddns Jo asn Iou s (s)Jaumo
x h q 3 I ti q s () O£
• /Cl.zadoJd alp 0OIA.10S oI 1JLSS30311 S>?
1Cluo Lua1SJCs 13lUM 1(113 alp U101j S3OIA. aS 101UM Liltm (s)JouMO apino.ld oI saaz e / clip 0 14 . E • Z
FA
:care 301A10S 1alemalsum pie
1aILm s,X1i3 aq1 Ut lnq `X1i3 aql jo satrepunoq alp apislno paltool ( „X1.tado1d„ zallrutaiaq)
• 1laadoid Iea.t pagposap 2uimollol am sumo Ii Imp slueuanoo pure sluasaadaI (s)Jaum0 • I
I
I1J 1-1-1 t :s :futmolioj sr aalar `uta1aq pafuWgoxa
f k sluruanoo itinlnw all Jo uotle1aptsuoo lit `(s)JaumO aqI pie 1lD aql `H L3SS3N LIM
ra-
A LI�I, 01 41 pali 10Ueuiaaaq
'-`• `uppold Jo aims alp Jo uotl>;zodaoo iidiotunut u `H3Vgg NIOINIAOI AO AId3 aH.L
pie
I �
=
rd ILI
4l d „ 0 41 pa1113 z ag�ut010q Ag3V'I 'g A2IVIAI
P '•
i- I .1t
x 1ti■
:uaamlaq pie Xq ` Z I O ` A2IV 12Ig1 I 3 S I still uo apuut `Iuautaat2d SiLI L
•I _
4 11 ;�. (sinnpinipuI)
'
r. S LIL�II'I AIIJ 3GISl 1O ELIA1I3S 2II.LVM 110,4 1N3INO3219V
31 UMW
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.
C• \Documents and Settings \moyser \My Documents \WATER AGREEMENT PACKAGE \WSA
(Indivual) rev 092211.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
C: \Documents and Settings \moyser \My Documents \WATER AGREEMENT PACKAGE \WSA
(Indivual) rev 092211.doc
-3-
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
MARY B. LACEY (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 15/11 day of f-ebrl..ary , 201 .
WITNSS as o 0 = -: INDIVIDUAL(S) AS OWNER(S):
41, • .4 L ' e 3 (
Witness_Si nature , , O
wner S ature
C,4 J9t//
MARY B. LACEY
Printed Witness Name Printed Owner Name
_ I _ /L_1
Wits Si; nature
_ r ii ! I%
Printed Wit ess Name
Witness Signature Owner Signature
MARY B. LACEY
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
STATE OF F ) 5r I dok )
ss:
COUNTY OF (ffl fvoterh
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: FL h -L
WITNESS my hand and official seal in the County and State last aforesaid this 15 day of
11 h r L /y r 20 I � NOTARY PUBLIC -STATE OF FLORIDA
L� Catherine Cherry- Guberman
Commission #DD792144
(Notary Seal) Expires: MAY 27 ' 1 2
, IoNDED TdRU ATLANTIC BONDING I t i t
My Commission expires IA a { 11 � Notary Public f4 � � ( it b ma t )
C: \Documents and Settings \moyser \My Documents \WATER AGREEMENT PAC •GE \WSA
(Indivual) rev 092211.doc
-4-
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
MARY B. LACEY (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Lori LaVerriere, Interim City Manager
ATTEST:
el lerk :, „
etl �r y ' +y ° y
Approved as to form:
Nib!. IlDA._"e - 41:
' ity Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
1 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
f — V Pr r i e , 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 c2d" 71`1
day of / tick , 20 )
(Notary Seal)
Notary Public
My commission expires:
Z 4it. ILEANA E CARUSO
MY COMMISSION 6 EE16743*
EXPIRRS JSnwti 06, 2016
(401) 31 4$$
C: \Documents and Settings \moyser \My Documents \WATER AGREEMENT PACKAGE \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
I /We, MARY B. LACEY , 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 E EACH 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 -2070
The powers and authority of my attorney. THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the day of
, 20 and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 15 day of
Feb r t J ar �� , in the year 20_.
Sealed and delivered in the presence of
)//41eite, 7 _tktaz.--1
9 ess Sne Owner Sig ature
�! MARY B. LACEY
Pr' Na. Print Name
MIMIC -
itne: Sig . ture
k
Print Name
Witness Signature Owner Signature
MARY B. LACEY
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowled ed before me this day of
FP_hrUCk 20 1,9-, by I-la R 1 f) , � -K1 and
, who are known to me or who have produced
FL t -L , as identification and who id /did not take an oath.
NOTARY PUBLIC-STATE OF FLORIDA _ 141_1 I _ . _ .► - V . �� 0- 44 Q. �f�
Catherine Cherry-Guberman NOTARY PUBLIC
=Commission #DD792144
` MAY 27, 2012 ,(14 heir'ri C he,i , ( -/ U Lr ma it
• Expires:
BoND ATLANTIC BONDING C® "' Type or Print Name
Commission No No. c §. .„ . )
My Commission Expires: bb
S \CA\AGMTS \Water Service \power of atty doc — 1-6-06
H \1990 \900182 BB\AGMT \Power of Attorney -Ind 1 -6 -06 doc
Palm Beach County Property Appraiser Property Search System Page 1 of 1
acy 1 loperty Appraisor s Public Access System
•644.10tIt, r
- Property Information
Location Address: 1079 HIGHVIEW RD
Municipality: UNINCORPORATED Calculate 1
POO**
Parcel Control Number:
2011 Proposed 1
c-
Subdivision: Tax Notice
Re\ eNc Stdc
/ dz712-k-c ,/r)-(4- e
Official Records Book: ,t000 1 kip
Legal Description:
- Owner Information—
Name: C /74/ 5-24
Mailing Address: t
- Sales Information— 45/1/Z-V4
Sales Date Book/Page e
Feb-2000 11621/0834
9 •-
May-1993 07698/_0867 - / e- r-C///
- Exemptions
Applicant/Owner Year Detail
LACEY MARY B 2013
- Appraisals
Tax Year: 2011 201.0 2009 - Property Information —
Improvement Value: $15,584 $15,832 $40,018 Number of Units: 1
Land Value: $6,000 $15,485 $43,013 *Total Square Feet: 1396
Total Market Value: $21,584 $31,317 $83,031 * May indicate living area in
Use Code: 0100- RESIDENTIAL residential properties.
An values are as of January 1 each year
- Assessed and Taxable Values
Tax Year: 2011 2010 2009
Assessed Value: $21,584 $31,317 $83,031 its
Exemption Amount: $0 $0 $0
Taxable Value: $21,584, $31,317 $83,031
- Taxes
Tax Year: 2011 2010 2009
TO. t -90
Ad Valorem: $423 $619 $1,582
Non Ad Valorem: $313 $301 $276
Total Tax: $736 $920 $1,858
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/detailjnfo.aspx?p entity=00434509090002070&... 2/15/2012
Water Service Agreements Outside the City of Boynton Beach Limits
(Single Family Homes)
e: N r 65
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 1ST AND 3 TUESDAY OF EVERY MONTH)
Sincerely,
Anthony M Penn
Customer Service Manager Utilities
Owners Information
Owner's Name MARYB LACEY
Mailing Address 1079 HIGHVIEW RD LANTANA FL 33462
No & Street Ctty State Zip Code
Telephone No : 561- 472 -4214
Property Information
Address 1079 HIGHVIEW RD LANTANA FL 33462
No & Street City State Zip Code
Property Control Number (PCN) 00-43-45-09-09-000-2070