R15-001 1
1 RESOLUTION NO. R15 -001
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO SIGN AN AGREEMENT FOR
6 WATER SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND PABLO TORRES;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 1, WHEREAS, the subject property is located outside of the City limits, but within our
1
13 1 water and sewer service area, at 3933 Dorrit Avenue, Boynton Beach, Florida 33436 (PCN:
14 11 00- 43- 45- 19 -01- 003 - 0331); and
15 WHEREAS, the parcel covered by this agreement includes a single - family home
16 located in unincorporated Palm Beach County portion of the City's utility service area; and
17 WHEREAS, the property historically receives water from a well and the owner now
18 requests that the City provide potable water in the future; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 1
24 11 being true and correct and are hereby made a specific part of this Resolution upon adoption
Ii
25 11 hereof.
26 ' Section 2. The City Commission hereby authorizes and directs the City Manager
27 to sign a Water Service Agreement between the City of Boynton Beach, Florida and PABLO
28 TORRES. a copy of said Agreement is attached hereto as Exhibit "A ".
29 ! ' Section 3. This Resolution shall become effective immediately upon passage.
C \triers \pylejAAppData \ Local \Microsoft \Windows \Temporary Internet Files \Content IE5\KIJE4X7E\Reso_-
_Torres_Water Service_Agreement doc
L \ users , pyiej\ Appvata \LOCanmicrosort\ wmaowsuemporary Internet rnes\t ontent ILD \Iiirv11/4ir_ \keso_-
Torres _Water_Service_Agreement doc
c�
�Q /_� -OO /
\c„, AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
- COVENANT FOR ANNEXATION! �(
(Individuals) '""��� '"����������
This Agreement, made on this off, g day of `Sct_hc„ e., s c 20 15 by and between: ` ;$ 1 ' -
a' i o
r rP S hereinafter called the " Owner(s)," ,-
iTi
and r,
1 Y —
L3 I
THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter ;
called the "City." ' " f' '" �1
c 00 ,
WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water t " . "; `11'
service from the City Water System and the mutual covenants expressed herein, the City of y- ,, uri
Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: : ( ,
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
f I I hi
wastewater service area:
County Property Appraiser's Property Control Number (PCN) 0.' 45 - 1 1-6/. 603 0,3 (
` t
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 (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
Property. ' ,
,
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 Property 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 (a) the Owner(s) to use a licensed , ;
contractor to perform the necessary work or (b) 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.
10 :z( 1 s 0ii SL
` -ijV iu Aeu;t.,,,C; AL d :,,
Page 1 of 5
S: \Customer Relations \FORMS \Water Service Agreements \WSA (Individual) 8 -22 -12
(3) .doc
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
8. Any water main extension made under the Agreement shall be used only for Property of
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 Ordinances and regulations of Boynton Beach.
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 unless otherwise conveyed or abandoned to the property owner.
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 Code of 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 base facility and 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 or her
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
Property.
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 eligible under any one or more of the above -
referenced laws concerning annexation. Owner(s) will inform any and all purchasers of this
property of this voluntary Petition for Annexation and its applicabilities to such purchasers.
15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a
covenant running with the land described in paragraph 1 above. 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 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
Page 2 of 5
S: \Customer Relations \FORMS \Water Service Agreements \WSA (Individual) 8 -22 -12
(3) .doc
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.
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, its Mayor, Members of the 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. 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.
19. The Owner(s) warrants to the City that the Owner(s) holds legal and beneficial title to the
Property which is the subject of this Agreement.
20. 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.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
TWO (2) SIGNATURE PAGES FOLLOW
Page 3 of 5
S: \Customer Relations \FORMS \Water Service Agreements \WSA (Individual) 8 -22 -12
(3).doc
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this clay of
Q,vo to A° CL , 20 9-Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVID . ' S) AS OWNER(S):
First Witness Signature Owner 1 "� Le
I c � m ix-sr CI
1 Lu
Printed Witness Name Printed Owner Name
Second Witness Signature
h Cc-
Printed Witness Name
First Witness Signature Owner Signal.
Printed Witness Name 'rinted Owner Name
/
Second Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION
STATE OF FLORIDA
) ss:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly au razed m the State of Florida and m the
County of Palm Beach to take acknowledgments, personally appeared to me t 24e
as the Owner(s) named m the foregomg Agreement and that he /she acknowledged executing the same m the presence of
two subscnbmg witnesses freely and voluntarily and that the individual was personally known to me or provided the
following proof of identification: kT - d tt� t, t,.,R__ Qt
ko
w I m hand and official seal in the County and State last aforesaid this of ,20 )
DEBBIE BRAWN
�• � ) Notary ublic, State at Florida
Comm�ggron q EE $374$9 No Public Signature
Y comet. expirgq Sept. 23, 2016 1 -c
Printed Name of Notary Public
My Commission Expires. q 1 (x ( \ Commission Number E F-
Page 4 of 5
S: \Customer Relations \FORMS \Water Service Agreements \WSA (Individual) 8 -22 -12
(3).doc
P/ --00 /
.;REEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND ,
COVENANT FOR ANNEXATION
(Individuals)
, t . CITY OF BOYNTON BEACH, FLORIDA
"C.,, A Florida munici %al corporation
w
' 1/ -�^ - Q
By: / , M
0 A,r Lori LaVemere, City Manager
ATTEST • �� Tp N 6 4.
t •
• t .
City • erk
Approve. s to F .
LLLb`L. i
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 of Florida and in
the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, Interim City Manager
and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally
acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal m the County and State last aforesaid this-9F day of J a t 1t a i , 20 t5
(Notary Seal) L , .' ki I) - 4 LLI / YY7a" y/
Notar y Public Signature
i
0.(1.-1-ilf rin 0_•herf l C iu bEJtmai i
Printed Notary Public Name
My Commission Expires:
0 - it) Commission No. L C' 1 '
4 6' s .':. ';'" ,, CATHERINE CHERRY-GUBERMAN
* ,� * MY COMMISSION # EE 207630
+li.i?'. EXPIRES June 12, 2016
ii, 44 -oF F`OP\QQ Bonded Thru Budget Notary Services
Page 5 of 5
THIS INSTRUMENT PREPARED BY:
James A. Chemf. Esquire
Goren, Cherof, Doody and Fmk PA.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF e(k ( tY )
I/We, WO 143 fOy r-e5 ,, 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:
PCNNo.: 0 0 •13' i- 15• lei •GI'UO3 O33
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the Zt( day of
1/.7v £ k -w ,20/(( and the powers and authority shall be irrevocable by Grantee.
http: / /www pbcgov. com / papa / Asps /PropertyDetail /PropertyDetail.as
Gory R NtkolItb, CM Homestead Exemption E -file ►
Property Appraiser rte,
r ,, me* elm eachCount/ to A
Location Address 3933 DORRIT AVE
Municipality UNINCORPORATED
Parcel Control Number 00 43 45 19 01 003 -0331
Subdivision WEST BOYNTON PLAT 1
Official Records Book 18937 Page 484
Sale Date JUN -2005
WEST BOYNTON PLAT 1 W 10 FT OF LT 33, LTS 34 & 35 & E 17 5 FT OF LT
Legal Description
36 BLK 3 A /K /A LOT 34 WOODBRIDGE UNREC
Mailing address
Owners 3933 DORRIT AVE
COSGROVE DONALD RJR
BOYNTON BEACH FL 33436 2735
Sales Date Price OR Book, Page sale I ypv Owner
JUN -2005 810 18937 / 0484 QUIT CLAIM COSGROVE DONALD RJR
JUN -2005 $10 18937 / 0483 QUIT CLAIM
FEB -2003 $159,900 14895 /0657 WARRANTY DEED COSGROVE DONALD RJR
FEB -2003 510 15209 / 0504 WARRANTY DEED COSGROVE DONALD RJR &
MAR -1996 $97,500 09195 / 0167 WARRANTY DEED
1 2
Exemption Applicant /Owner Year Detail
COSGROVE DONALD RJR 2014
Number of Units 1 "Total Square Feet 1512 Acres 0 18
0100 - SINGLE RS - Single Family Residential
Use Code Zoning
FAMILY 00- UNINCORPORATED)
Tax Year 2014 2013 2012
Improvement Value 882,209 $69,785 861,108
Land Value 841,457 $48,773 $44,339
Total Market Value $123,666 $118,558 $105,447
All values are as of January 1st each year
Tax Year 2014 2013 2012
Assessed Value $108,849 8107,240 5105,447
Exemption Amount 850,000 $50,000 $50,000
Taxable Value 858,849 857,240 855,447
Tax Year 2014 2013 2012
Ad Valorem $1,296 $1,269 $1,256
Non Ad Valorem 8889 $883 $879
1 otal tax $2,185 $2,152 $2,135
y hi
of s /s r
Prepared by ; / A • • - 6".
Elise Sirhal, an employee of ° ,;
First American Title Insurance Company p $ ! , 9i/? 0.00,
1903 S. Congress Ave., Suite 180 C
Boynton Beach, Florida 33426 � O/7.
(561)767 -3120 ct
Return to: Grantee
File No.: 12672 - 2114988
WARRANTY DEED
Made this 04- j , of 20 / f by and between
Donald R. Cosgrove, Jr., a married man joined by his spouse, Danielle Lise Cosgrove
whose address is: 3933 Dorrit Ave, Boynton Beach, FL 33436
hereinafter called the "grantor ", to
Pablo Torres, a single man
whose post office address is: 3933 Dorrit Ave, Boynton Beach, FL 33436
hereinafter called the "grantee ":
(Which terms "Grantor" and "Grantee" shall indude singular or plural, corporation or individual, and either sex, and shall indude heirs, legal
representatives, successors and assigns of the same)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee, all that certain land situate in Palm
Beach County, Florida, to -wit:
The West 10 feet of Lot 33, all of Lots 34 and 35 and the East 17.5 feet of Lot 36, in Block 3, PLAT NO 1
WEST BOYNTON, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, as recorded in Plat Book 14, at Page 42; said lands situate, lying and
being in Palm Beach County, Florida. Also known as Lot 34 of Woodbridge, unrecorded.
Parcel Identification Number: 00 43 45 19 - 003 - 0331
Subject to all reservations, covenants, conditions, restrictions and easements of record and to all
applicable zoning ordinances and /or restrictions imposed by governmental authorities, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way
appertaining.
To Have and to Hold, the same in fee simple forever.
Page 1 of 2
12672- 2114988
. e grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
4e; that the grantor has good right and lawful authority to sell and convey said land; that the grantor
,- , -reby fully warrants the title to said land and will defend the same against the lawful claims of all
r persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to
December 31st of 2013.
In Witness Wher - ' , e grantor has hereunto set their hand(s) and seal(s) the day and year first
above wri - .
` 4j
rirr R. C(sgrov .
Danielle L' - osgrove
Signed, sealed and delivered in the presence of these witnesses:
Witnes ignature (r Witness Signature
Print Name: L./ l�,b
- gv Print Name: c �- C1--c-
State of
-
County of eke_
The Foregoing Instrument was Acknowledged before me on 10111114 , by Donald
R. Cosgrove, Jr. and Danielle Use Cosgrove who is /are personally known to me or who has /have
produced a valid driver's license as identification.
Notary Public A. • �' �
c Ln �.- keel-- =
1 � a
' e
(Printed Name) Lis,.. . � C
I so II ®41 / k011g "
My Commission expires: �� /Nomnaiseaij
Page 2 of 2
12672- 2114988