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R12-053 1 RESOLUTION NO. R12 -05 3 2 A RESOLUTION OF THE CITY OF BOYNTON BEA • , 4 FLORIDA, AUTHORIZING AND DIREC ' NG 5 EXECUTION OF AN AGREEMENT FOR ATER 6 SERVICE OUTSIDE THE CITY LIMI ' AND 7 COVENANT FOR ANNEXATION BETWEE HE CITY 8 OF BOYNTON BEACH AND GEORGE 1 ' • PANIOTIS 9 AND EUGENIA MANOURA; P 0 VIDING AN 101 FFECTIVE DATE. 11 12 13 WHEREA., the subject property is locate outside of the City limits, but within our 14 water and sewer sery e area, at 4528 Woodm' e Lane, Lake Worth, Florida (PCN: 00- 42 -45- 15 12 -03- 008 - 0100); and 16 WHEREAS, the p.. cel cove - d by this agreement is located in unincorporated Palm 1 Beach County portion of the 't s utility service area; and 18, WHEREAS, the pro se historically receives water from a well and the owner now 19 requests that the City pre ide potabl- water in the future; and 20 WHEREAS no additional co .truction will be required by the City to serve this � q Y Y 211 property. 2211 NO , THEREFORE, BE IT RES 1 VED BY THE CITY COMMISSION OF 23 ! THE CI ' OF BOYNTON BEACH, FLORI 1 • , THAT: 24 Section 1. The foregoing "Whereas" cla v ses are hereby ratified and confirmed as 25 be' g true and correct and are hereby made a specific .art of this Resolution upon adoption 26j ereof. 2 Section 2. The City Commission hereby authori -s and directs the Interim City 281 Manager to execute a Water Service Agreement between the Ci' of Boynton Beach, Florida 241 and George Drapaniotis and Eugenia Manoura, a copy of said Agree ent is attached hereto as � 1 Document in Windows Internet Explorer II 1 Water Service Agreements Outside the City of Boynton Beach Limits (Single Family Homes) TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE 1 (SINGLE FAMILY HOMES) FROM: CITYOF BOYNTON BEACH UTILITIES DEPARTMEN i 0-5\ RE: WATER SERVICE AGREEMENTS 1. Please, all blanks (other than signatures) are to be typed CL-C' .2t. t/L- 2. Sign the agreement (on p.3) and the Power of Attorney form r f �,�� 3. Have all signatures properly notarized on both forms, including th statement. 4. Names in the blanks must match the owners' name as it appears on _._ ... ❑ 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 AND 3 TUESDAY OF EVERY MONTH) Sincerely, Anthony M. Penn Customer Service Manager Utilities Owners Information Owner's Name: Eugenia Manoura & George Drapaniotis Mailing Address: 4528 Woodmere Ln, Lake Wort, FL 33463 No & Street City State Zip Code Telephone No.: 561- 847 -0062 Property Information: Address: 4528 Woodmere Ln, Lake Wort, FL 33463 No & Street City State Zip Code Property Control Number (PCN) 00- 42- 45- 12 -03- 008 -0100 R1a, -os3 AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS (Individuals) This Agreement, made on this 29 day of May , 2012, by and between: George Drapaniotis & Eugenia Manoura, 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. G: \Water Service Agreements \WSA (Indivual) rev 092211.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 (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 G: \Water Service Agreements \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 (INSERT NAME) IN TNESS WHEREOF, the parties hereto have set their hands and seals this day of ,20 J 2!' WITNESS as to Owners: INDIVIDUAL(S) AS OWNER(S): (e(-1e4)x,i,e.A.---; '______-15---2 W' ess Signature Owner Signature C //7 / ;y , d • o Printed W itness N. e Prin • d Owner Name — , Witness Si, ature V . e . Printed Wit - ss Name _ (LY0 2-02W/cf/7e , - --- N' -- - Wit es s�Sig nature (----Ni Owner 'gnature (' / / i / " i Ct' ♦ �f Gs? (NI. �2 A�liV ton/ S Printed Witness Name Printed Owner Name / ,...r ...., A1.LA.' 4411 t / Witness Si t ure Printed Witn:. s Name FOR OWNER(S) NOTARIZATION: STATE OF d. elk ) COUNTY O '64'4 I ; ) ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State .. ' aforesa and e ` bounty aforesaid to take acknowledgments, personally appeared tuea' 1 0i/�doter�� to me known to be the person(s) described in and who � r xecutedt fo g i ig instrument that he /she acknowledged before me that he /she executed the same; that th individua was personally �known to me or provided the following proof of identification: _ .Clcf't�f5 L--(6 'S WITNESS my hand and - cial seal in the County and State last aforesaid this 29" of (Notary Seal) l NOTARY 3 PUHLIC udlth A Py TATE OF PT O VA / € , I , , ion # DD870304 47 iL My Commission expi � $, 2 1 , 2013 Notary Pub c BON • A. ' . ONDiN CO. INC. ,1Z( { 17 - d / 1/ � F G: \Water Service Agreements \WSA FORM -March 2010 revisions.doc / ' A AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND George Drapaniotis & Eugenia Manqura(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 I/We, George Drapaniotis & Eugenia Manoura, 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- 42- 45- 12 -03- 008 -0100 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 29 day of May, 2012 and the powers and authority shall be irrevocable by Grantee. )am IN WITNESS WHEREOF, we have hereunto set our hands and seals the 29 day of , in the year 20 /Z.' • Sealed and delivered in the presence of 1 iii r Wi ess'Sw nature Owner Signature Cli 11 O' -4/ra X- 7/ 2) _ ,4104 0 id 0 , _ , Print Nam Print ame Witness Sig • re iry • Sifx,., 2 Cote_ Print Nam )96, Ei ( Witness Sijnaturg , / _ gnature e f/1 (4 / -- i - 6 . l -, t 1 Iu1(5 Print Name Print Name ::i Witness Print Na • - STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this 2- / day of 201,2,-- by and , who are known to me or who have produced _ zi/ /-fC E' t as identification and who did /did not take oath. TARY PUBLIC •i -ITl t D T ft ' 70% -- Type or Print Name Commission No. WOT, YPT1.T0.sTATBOFFLORWDA My Commission Expires: VComigrat'oln A. yle �� #DD870304 Expires: APR. 21, 2013 S. \CA\AGMTS \Water Set vice \power of atty.doc — 1 -6 -06 .. T9T VI ANC $nv "*TC, CO , INC. H \ 1990 \900182 BB\AGMT\Power of Attorney -1nd 1 -6 -06 doc Page 1 of 1 blic „ . , ( t. , � fu PAPA ■ • ® 1 ' ^ 1 ... t # & ',r " ."11,,'14,.' �� a ,." a 4,1 41 i . a, o t »a ; ,,14 t o "k -,, i 4 1 'A • ;;i1�r .. `, -x C' ar+:r9r '&.r.'. y W KF Location Address 4528 WOODMERE LN I Municipality UNINCORPORATED Parcel Control Number 00- 42- 45- 12 -03- 008 -0100 Subdivision S/D OF 12- 45 -42, E 1/2 OF NW 1/4 & SW 1/4 OF NW 1/4 IN Official Records Book 24751 Page 1579 Sale Date SEP -2011 Le al Description 12- 45 -42, SUB OF E 1/2 & SW 1/4 OF NW 1/4 SLY 141.53 FT OF E 235 FT g OF N 1/2 OF TR 8 (LESS SR 809 RD R /W) Owners v - Mailing address I DRAPANIOTIS GEORGE I 4528 WOODMERE LN MANOURA EUGENIA & 1 — LAKE WORTH FL 33463 7805 — - -� Sales Date Price OR Book /Page Sale Type Owner 1 SEP -2011 $10 24751 / 1579 QUIT CLAIM MANOURA EUGENIA & SEP -2009 $10 23424 / 0959 QUIT CLAIM MANOURA EUGENIA JUN -2006 $10 20505 / 1608 QUIT CLAIM NISTAZOPOULOS EUGENIA FEB -1999 $165,000 10952 / 0571 WARRANTY DEED NISTAZOPOULOS KOSTAS & FEB -1991 $140,000 06750 / 1739 WARRANTY DEED 1 .2 _____7_ _ _ Exemption Applicant /Owner Year _ - Detail MANOURA EUGENIA 2012 Number of Units 2 *Total Square Feet 3683 Acres 0.7034 -� 0100 - SINGLE AR - Agricultural Residential ( 00- Use Code FAMILY Zoning UNINCORPORATED ) Tax Year 2011 2010 2009 Improvement Value $110,884 $112,499 5126,845 Land Value 524,760 $67,693 $75,215 Total Market Value 5135,644 5180,192 $202,060 All values are as of January 1st each year Tax Year 2011 2010 2009 - l Assessed Value $135,644 $180,192 5202,060 Exemption Amount $50,000 $50,000 $50,000 Taxable Value 585,644 5130,192 ____ $152,060j _ _ -_ Tax Year 2011 2010 2009 Ad Valorem $1,882 52,778 $3,096 Non Ad Valorem $664 $640 $590 Total tax 52,546 $3,418 53,686 http: / /www.co.palm- beach. fl. us / papa / Asps/ PropertyDetail /PropertyDetail.aspx ?parcel= 004... 5/31/2012