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R15-028 RESOLUTION NO. R15 -028 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ROBERT E. NEWELL AS TRUSTEE OF THE ROBERT E. NEWELL LIVING 11 TRUST; PROVIDING AN EFFECTIVE DATE. 11 1 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, at 7768 Terrace Road, Lantana, Florida 33462 (PCN: 00- 43 -45- 15 10 -07- 000 - 1240); and 16 WHEREAS, the parcel covered by this agreement includes a single - family home 17 located in unincorporated Palm Beach County portion of the City's utility service area; and 18 WHEREAS, the property historically receives water from a well and the owner now 19 requests that the City provide potable water in the future; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to sign a Water Service Agreement between the City of Boynton Beach, Florida and 29 ROBERT E. NEWELL AS TRUSTEE OF THE ROBERT E, NEWELL LIVING TRUST, a C:\ Users\ prainitoj \AppData\Local\Microsoft \Windows \Temporary Internet Files\Content.IE5\QXDIPCBU\Reso_- _Newel l_Liv ing_Trust_W ater_Service_Agreement. doc 1 copy of said Agreement is attached hereto as Exhibit "A ". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this 17 day of March, 2015. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 YES NO 8 9 Mayor — Jerry Taylor �✓ 10 11 Vice Mayor — Joe Casello 12 13 Commissioner — David T. Merker 14 15 Commissioner — Mack McCray ✓ 16 17 Commissioner — Michael M. Fitzpatrick ✓ 18 19 20 VOTE 5- 0 21 22 ATTEST: 23 24 25 26 Jan; M. Prainito, MMC 27 City Clerk 2 8 ,� � s � 29 , 30 t ,x *", 31 (Lj. St 32 C:\ Users\ prainitoj \AppData \Local\Microsoft\Windows \Temporary Internet Files\Content.1E5\QXDIPCBU\Reso_- Newell_ Living _Trust_Water_Service_Agreement. doc 11011111111E1111111111111II1II1 Ell IIIIIIIIIw AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS ( 1 AND m 0, 1/ 4 COVENANT FOR ANNEXATION 12 1 m "to (Individuals) z This Agreement, made on this 2- day of m R 12 01 , 20 /6", by and between: 0 3 C7 �_l, fR o I e,Q-/ 6, /Jews° ( A5 as '£' hereinafter called the "Owner(s)," r 0 i-/4-e. g©4 6,-10ewet m sx and o THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter 0 in called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water ( ) service from the City Water System and the mutual covenants expressed herein, the City of m 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 -4 (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: /ZV 03 County Property Appraiser's Property Control Number (PCN) 00 --+455 /O — 670 ©0- . /2- • 2. The City agrees to provide Owner(s) with water services from the City Water System 6 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 3 property other than the Property described in paragraph 1 above, unless written permission is granted by the City of Boynton Beach. v 4. The Property requires Z (specify number) Equivalent Residential Connection(s). al ca (11 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. 03 (1, 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. F, :I 14a 9i 814 Si' Page 1 of 5 C:\ Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3D1SA6K1 \WSA (Individual) 8- 22- 12.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 C:\ Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3D1SA6K1 \WSA (Individual) 8- 22- 12.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 Beath, 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 C: \Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3D1SA6K1 \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN TNESS WHEREOF, the parties hereto have set their hands and seals this �(� {erjj day of �U(K1 , 20 �.S . Sealed and delivered in the presence of: TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S): Air .4 .41 frie/11 -1- liti o t First Witnes - 'ign a 1, - rpm e � el( Printed Witness ame Printed Owner Name Second Witness Signature Printed Witness Name First Witness Signature Owner Signature Printed Witness Name Printed 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 aujiao*ed in the State of orida aid in the County of Palm Beach to take acknowledgments, personally appeared to me wen- Rape', as the Owner(s) named in the foregoing Agreement and that 119lshe acknowledged executing the same in the presence of two subscribing witnesses freely and v oluntarily and that the individual was personally known to me or provided the following proof of identification: L b L WITNESS my hand and official seal in the County and State last aforesaid this9(Dday of FetrOQf f ,20 1J CATHERINE CHERRY•GUBERMAN I (Notary Seal) MY COMMISSION A EE 207630 . L.` is ,—I i " � '`d� * EXPIRES: June 12, 2016 P ublic Si �3 e � r�''faFet�`�T Sanded ThN 6udy t key 6IMG o rt nwP i r - os uberma n Printed Name of Notary Puc My Commission Expires: ( ' /, -70 Commission Number. E L ° b r7 63 a Page 4 of 5 C: Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content. Outlook \3D1SA6K1 \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) `1 0 CITY OF BOYNTON BEACH, FLORIDA x A Florida municipal corporation r _ By: . A.A.4 t/ ' _ _ 4 Lori LaV - 4 ere, City Mana er • ATTEST: 0 cbt" • • _ A • City lerk Approved as to Form: City • ttorney Y , 4 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, 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 in the County and State last aforesaid this -2( ` day of 1-larch , 20 - (Notary Seal) 4o«RY Pu CATHERINECHERRY- GUBERMUN s1 '-- r . 0 . i . L : I I * s 4 * MY COMMISSION A EE 207630 Notary Public Signature EXPIRES: June 12, 2016 qJ o f Bonded Thru Budget Notary Services f el • " r 1L - 1 I ' Ai • Printed Notary Public Name My Commission Expires: Commission No. E 6 `) (v 3 6 Page 5 of 5 C:\ Users \dobardt \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \3D1SA6K1 \WSA (Individual) 8- 22- 12.doc 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 PA. L.{ be.64 W e i , Zipek4 £ /U@4dl l/kr`T1Zl$fe'e hereinafter "Grantee ", hereby make, kbe e a r af ui//4/4 1(,s ---- 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.: 0o4 3 - X1 5 - -10- 07 -eoo - /.7Y0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in - full force and effect on the 9--C day of Feb , 20 /sand the powers and authority shall be irrevocable by Grantee. Fehr WITNESS WHEREOF, we have hereunto set our hands and seals the u day of FehrUarti , in the year 2015 Sealed and delivered in the presence of At.... t. . . _ OO ‘- igt../1(-„,y/ftr --- /4"„eitee/ Witness Signa e O er Signature, v ,,� j e retie / d! Print Name Print Name Witness Signature Print Name Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was Acknowledged before a this AO day of F2brucm1 , 20 by ie i+ a. Newell and , who are known to me or who have produced L . b L , as identification and who did/did not take an oath. _Ai Liiialk L TR AP PUB I r in (C 1rr - LLb rmo n Type or Print Name Commission No. EE 0 4 7 (03 C) My Commission Expires: (0-f `a_J t S: \CA\AGMTSMWater Service \power of atty.doc — 1 -6 -06 H: \ 1990 \900182.BBWGMT\PowerofAttomey -Ind 1- 6- 06.doc tN;;,�� COME CHERRY411BERMAN ,� fµ * MY COMMISSION # EE 207630 aT1 EXPIRES: June i2, 2016 - . , Y Bcaltd 111ru Mot Nay Serwlcee http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.asp... , Gary R, Willits CFA liorneaeed Exemption Property Appraiser Lgir svi * Location Address 7768 TERRACE RD Municipality UNINCORPORATED Parcel Control Number 00-43-45-10-07-000-1240 Subdivision TROPICAL TERRACE IN • Official Records Book 25234 Page 1521 Sale Date MAR-2012 Legal Description TROPICAL TERRACE LT 124 Owners f Mailing address NEWELL ROBERT E TRUST I 1203 SANDPIPER LN NEWELL ROBERT E TRUSTEE I I LAKE WORTH FL 33462 4213 Sales Data Price OR Book/Page Sale Type Owner MAR-2012 510 25234 / 1521 QUIT CLAIM NEWELL ROBERT E TRUST OCT-1995 520,000 08986 / 0270 WARRANTY DEED OCT-1992 515,000 07893 / 0706 QUIT CLAIM SEP-1989 5100 06531 / 1144 QUIT CLAIM JAN-1987 520,500 05134 / 0017 WARRANTY DEED 12 No Exemption Information Available. *Total Square Number of Units 1 807 Acres 0.11 Feet 0100 - SINGLE RM - Multi-Family (Medium Density) ( Use Code Zoning FAMILY 00-UNINCORPORATED ) lax T Y ear 2014 2013 11:11 Improvement Value 521,424 516,771 $10,088 Land Value $6,930 56,930 56,6001 Total Market Value 528,354 523,701 516,688 All values are as ofJanuary 1st each year - TaxYear 2014 2013 2012 Assessed Value 520,193 518,357 516,688 i Exemption Amount SO 50 $0 Taxable Value 520,193 518,357 $16,688 Tax Year 2014 2013 2012 Ad Valorem $442 5387 5320 Non Ad Valorem 5316 $313 5313 Total tax 5758 5700 5633 Of 1 3/2/2015 1:10 PM http: / /www.pbcgov.com/ papa / Asps/ ProperlyDetaillStructuralDetail.as... ____ � a ry R, Idi arils cr4 _ Homest d.Exemp'bcl E- le i y rrt A_ rir� - '.'" . - • • Palimc..e Bch C it1ty� I i Owner Name: NEWELL ROBERT E TRUST Parcel Control Number: 00- 43- 45- 10 -07- 000 -1240 Location Address: 7768 TERRACE RD Structural Element for j Sketch for B uilding 1 Building 1 13 , I 7 1. Exterior Wall 1 CB STTUCCO 9 _ 9 2. Year Built 1949 19 Air Condition 3. NO HTG /AC f 13 Desc. i f 1 aas 4. Heat Type NONE { 1 ` r 5. Heat Fuel NONE ^" "''' to 1e 13 i ! 6. Bed Rooms 1 � l P.re3 i� ( A 2 1 7. Full Baths 1 ( Af e*.3, ,� l 8. Half Baths 0 _ 9. Exterior Wall 2 NIA 10. Roof Structure CABLE /HIP 111. Roof Cover ROLLED COMP 12. Interior Wall 1 PLASTER , ` 13. Interior Wall 2 N/A 14. Floor Type 1 VINYL /ASPH TILE 1 115. Floor Type 2 N/A 116. Stories 1 ! Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. BAS BASE AREA 457 2. UCP UNFINISHED CARPORT 170 SFB SEMI FINISHED BASE • 3. 180 • AREA I l Total Square Footage : 807 M j Total Area Under Air : 637 • of 2 3/2/2015 1 :11 PM • 111111111111111111111111111111111111 CFN 20120214999 After Recording, Mail To: OR BK 25234 PG 1521 Mr. Robert E. Newell, Trustee RECORDED 06/01/2012 08:22:02 • 1203 Sandpiper Lane Palm Beach County, Florida Lantana, FL 33462 ANT 10.00 Doc Stamp 0.70 document prepared by: Sharon R. Bock, CLERK & COMPTROLLER rt : Y D. SIEOEL Pgm 1521 - 1522; ( Zpge ) .tat Law gel Law Group, P.A. 120 .1* th Federal Highway Suit '200 0 Boca -, Florida 33432 561 -95 �C- QUITCLAIM DEED THIS DEED, ` tpthe l - 1 y of March, 2012, by ROBERT E. NEWELL, an unmarried man, the GRANTOR, Whose marr'ng address is I203 Sandpiper Lane, Lantana, FL 33462; TO T E. NtEWELL 5c ustee of THE ROBERT E. NEWELL LIVING TRUST, U/ ted March 012, th GRANT °' Whose mailing add �i ; t203 Sandpiper Lane, Lantana, FL 33462; The Grantor, for and in consi atpn of the sum of ONE AND NO /100 DOLLARS ($1.00) and other '�" good and valuable consideratiaid to Grantor paid by Grantee, the receipt of which is hereby acknowledged, hereby conveys atlaims to the Grantee all of that property situate in Palm Beach County, State of Florida, viz: Lot 124,Tropical Terrace, a to the Plat there on File in The Office of the Clerk of the Circuit Court in & for Pal. h County, Florida, Recorded in Plat Book 22 Pages 58. Also known as 7768 Ten: :. Hypoluxo,F1. Assessor's Parcel Number: 00- 43- 45 -10-i a t 240 MORE commonly known as: 7768 Tropical Terrace Road, Lantana, FL. SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. The land described herein (You must make a selection): is homestead property of the said Grantor X, is NOT homestead property of the said Grantor Full power and authority are conferred upon the then - acting Trustee, to protect, conserve, sell, lease and encumber all interests conveyed by this instrument, and otherwise to manage and dispose of those interests, it being the intent of the Grantor to vest in the Trustee full rights of ownership as authorized and contemplated by §689.071, Florida Statutes. • A 1171nr."4 Mr).t sneer. 4 "4 7 In witness whereof, the said Grantor has signed and sealed these presents the day and year first above written. ROBERT E. NEWELL Sigi and delivered in the presence of: o • 1110 /..4 /. � / G Pri Name > !\ • • ? Printed N r.11✓��1�* ... STATE OF si'4;0A ) )ss. COUNTY OF P)BEACH ) 1q The foregoing instruir was acknowledged before me on this (f 'a of March, 2012, by ROBERT E. NEWELL. Z .�qr B AR' "SEGE!. 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