R15-027 1 RESOLUTION NO. R15 -027
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 JACQUES SAINT FLEUR;
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, at 1206 Peak Road, Lantana, Florida 33462 (PCN: 00- 43- 45 -09-
14 09- 000 - 2440); 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
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 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
28 JACQUES SAINT FLEUR, a copy of said Agreement is attached hereto as Exhibit "A ".
29 Section 3. This Resolution shall become effective immediately upon passage.
C:\ Users\ prainitoj \AppData \Local\Microsoft\Windows\Temporary Internet Files \Content.IE5 \TJSA2KNN \Reso_ -
_ Saint _Fleur_Water_Service_Agreement. doc
1 PASSED AND ADOPTED this 17 day of March, 2015.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5 YES NO
6
7 Mayor — Jerry Taylor ✓
8
9 Vice Mayor — Joe Casello
10
11 Commissioner — David T. Merker t7
12
13 Commissioner — Mack McCray
14
15 Commissioner — Michael M. Fitzpatrick ✓
16
17
18 VOTE 6-0
19
20 ATTEST:
21
22
23
24 Jan t M. Prainito, MMC
25 • y Clerk
26
27
29
t r �
30
It � t
viek AI
C:\ Users prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.lE5 \TJSA2KNN \Reso_ -
_ Saint _Fleur_Water_Service_Agreement. doc
Return to: (enclose self- addressed stamped envelope) uu�� NN �I
Name: (IAl,l�� III 111M1HIIIII1
Address:
CFN 20150122608
OR BK 27447 PG 0571
RECORDED 04/06/2015 16:14:53
Palm Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0571 - 576; (6pgs)
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
= AND
COVENANT FOR ANNEXATION
(Individuals)
This Agreement, made on this 41 t day of i ;,;� , 20 1.), by and between:
/4-F e/4 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 privilege of receiving water
service from the City Water System and the mutual covenants expressed herein, the City of
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
wastewater service area:
County Property Appraiser's Property Control Number (PCN)
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 ! (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.
cs ,'1� 1
AGREEMENT FOR WATER SERVICE OUTS ) E THE CITY LIIVAITS
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
Page 2 of 6
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.
AGREEMENT FOR WATER SERVICE OUTSIDE TAE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of
�s ) Y � e�Y� tY
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 Owners) 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 6
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 47Lday of
i; /14t.at , in the year 201C
Sealed and delivered in the presence of
Witness Signature Owne'r`Signature .
r a PAp9IA s -. , 1 `a -tai `a
Print Name Print Name
0Y1,-- 0 IF
mess St�;ll tur `
Print Name
Witness Signature Owner Signature
Print Name Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FORGOING INSTRUMENT acknowledged before me this ___ day of
J 201 , by 1 t �. SQ,- -' � L &&J " and
who are known to me or who have produced
:� � o i74ae ® , as identificati n and who dix'did not take an oa
417.1 •
NOTARY PULIC
esa kit 0u-tic/ 'op-
"v' . � Type or Print Name
`'+ FI. ro l s , Commission No. L- t G `�
My Commissionires:
/ - 4 - 1
SACAIAGMTS1Water Servicelpower of attydoc —1 -6-06
H:119901900182.BB\AOM71Power of Attorney - hid I 6.06.doc
Page 4 of 6
AGREEMENT FOR WATER SERVICE OUTSIDE TIIE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
, 20 . Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S):
First Witness Signature 7- Owner Signature
`Pri�te Owner ame
Spcond Witnes0Muref 244
Printed Witness Name
First Witness Signature Owner Signature
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 authorized in the State of Florida and in
the County of Palm Beach to take acknowledgments, personally appeared to me
that the individual was personally known to me or provided the following proof of identification:
WITNESS my hand and official seal in the Cotmty and State last aforesaid thi t `"day of
f R
� s
(Notary Seal) _ ALL.
I u`e deeeeuge
l Igo . PO i s ignatuIe e,iA( ynx R�✓✓{-_be °'��1,iZAEF�
Printed Name of Notary Public Al; . • ciO T ' •. cot
My Commission Expires: Commission Number: °
Y P H
1, III' Page 5 of ( b�
4 4-0 t
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
0 (3 k. CITY OF BOYNTON BEACH, FLORIDA
A Florida municip 1 corporation
d� r By: .:I & A C)
O v Lori LaV - ere, City Manager
ATTEST: T Q M' v ' N` 1 igiiictio/VeArkt/k2
/ 1 I fLtj
C' y Cl k
Approved as to Form:
C 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 in the County and State last aforesaid this 2 day of kiQ.ia , h , 2013
(Notary Seal) 4 1 %.Ng 1
o� Pav v�B� CATHERINE CHERRY- GIIBERMAN
Y
i MY COMMISSION # EE 207630 Notary Public Signature
` ' e ta * EXPIRES: June 12, 2016 O at r ( e(( - -1iubarmQ n
ry �f OF F`O�O Banded Thru Budget Notary Services
Printed Notary Public Name
My Commission Expires: ID /P-i (t) Commission No. E& ,€) (o ?)c)
S: \Customer Relations \FORMS \Water Service Agreements \WSA (Individual) 8 -22 -12
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<. � . IRREVOCABLE SPECIAL POWER OF ATTORNEY
.: (Individuals)
a , :aa
STATE OF FLORIDA
COUNTY OF PALM BEACH
UWe, - �'� _ y ;..O' r , / ereinafter "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 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.: OD • L 3 Lt S CD C ' - 00 0 -• y q c)
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 1 C day of
Cr L"B , 20 IS and the powers and authority shall be irrevocable by Grantee.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
SIGNATURE PAGE FOLLOWS
Page 1 of 2
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of Attorney (Individual) 8- 22- 12.doc
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
IN WITNESS WHEREOF, we have hereunto set our hands and seals this /l day of
r"e,b ru,tax\.. ! , in the year 2015 .
Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUALS) AS OWNER(S):
W ness S'u re Owner Signature
/
Printed Witness Name ‘P'ririted`bwner Nanie
4,, ei
Secoii.d Witness Signature
(L chi . b
Printed Wiline Name
First Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Second Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me and_executed the same this i cay of Feb ruar 1,
20 16, by ( u 5 Saint PtQt r and who are known to
me or who have produced the following as proof of identification 17 �b L
(Notary Seal) (1 -I [ `1 0-1 PLUtgAVai
Y "b��, CAII{ERINECHERRY GUBER
MY COMMISSION # 6E207630 Notary Public Signature �}
EXPIRES: June 12, 2016 .0:441'e / � �9 Auberty
rl 9lF9F Fti� BondedThN Budget Notary serv r t__..1d 1 e. 5�--� - g /
Printed Notary Public Name c
My Commission Expires: (9' ✓ 1 Commission No. EE P09 tO
Page 2 of 2
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of Attorney (Individual) 8- 22- 12.doc
Page 1 of 2
�,' : Gary R. Nikolits, CFA Homestead Exemption efil
. • • P C
iifi
' Location Address 1206 PEAK RD
Municipality UNINCORPORATED
i
Parcel Control Number 00- 43- 45- 09- 09- 000 -2440
,
Subdivision RIDGE GROVE ADD 1 IN `
i
Official Records Book 20851 Page 666 .
Sale Date AUG -2006
i
Legal Description RIDGE GROVE ADD 1 LT 244
•
_.._ Mailing address
Owners
120 PEAK RD
.SAINT FLEUR JACQUES •
LANTANA FL 33462
• Sales Date Price OR Book /Page Sale Type Owner
AUG -2006 $10 20851 / 0666 QUIT CLAIM SAINT FLEURJACQUES ;
AUG -2005 510 19170 / 1303 QUIT CLAIM SAINT FLEUR JACQUES
JUL -2004 $60,000 17348 / 1968 WARRANTY DEED SILEUS GUERDY & .
JAN -2003 ' $33,000 14720 / 1068 WARRANTY DEED GANOE SHARON
JAN -2002 51 13422 / 1749 QUIT CLAIM EVANS GIANNA M ,
I
�
No Exemption Information Available.
•
, *Total Square i
Number of Units 1 696 Acres 0.09
Feet
r
• 0100 - SINGLE RM - Multi - Family (Medium Density) (00-
Use Code Zoning
FAMILY UNINCORPORATED ) •
Tax Year 2014 2013 2012
Improvement Value 512,158 $9,431 55,615
Land Value 56,930 $6,930 $6,600 ,
;
Total Market Value $19,088 $16,361 $12,215
All values are as of January 1st each year •
Tax Year 2014 2013 2012
i � Assessed Value 514,781 $13,437 512,215 ,
http : / /ww. co.palm -be ach.fl. us/ papa / Asps/ PropertyDetail /PropertyDetail.aspx ?parcel =00... 11/19/2014
Page 1 of 2
Gary R. Nikolits, CFA Homestead Exemption
Property Appraiser
P :
afirr� �Ch
County •
Owner Name: SAINT FLEURJACQUES
Parcel Control Number: 00- 43- 45- 09- 09- 000 -2440
Location Address: 1206 PEAK RD
Structural Element for i Sketch for Building 1
Building 1 ; 10
1. Exterior Wall 1 CONC. BLOCK
2. Year Built 1956 ! 24 24 ;
Air Condition
; 3. NO HTG /AC 18 11
Desc.
r Area' .1 -.
4. Heat Type NONE I
:: At'ea 2
` 1
5. Heat Fuel NONE .- t
1 6. Bed Rooms 1 , S
7. Full Baths 1
8. Half Baths 0
9. Exterior Wall 2 CONC. BLOCK
10. Roof Structure FLAT
11. Roof Cover ROLLED COMP
12. Interior Wall 1 MAS. /MIN
13. Interior Wall 2 N/A
' 14. Floor Type 1 VINYL /ASPH TILE
115. Floor Type 2 N/A
i f
16. Stories 1
Subarea and Sq. Footage for
•
Building 1
No. Code Description Sq. Footage
" 1. HAS BASE AREA 432
2. UCP UNFINISHED CARPORT 236
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SURVEY NOTES
CONCRETE DRIVE CROSSING OVER PROPERTY LOT 191 . e^-d'
UNE ON NORTHERLY SIDE OF LOT. .
THERE ARE FENCES NEAR THE BOUNDARY FEB 1 2015
OF THE PROPERTY AND CROSS INTO THE L !
10' EASEMENT AT REAR OF PROPERTY.
CONCRETE PAD CROSSES INTO TrIE 10' " "' ON BEACH UT1L('1'1w:!'
EASEMENT AT REAR OF PROPERTY.
A7 PAGGB 2 OF 2 PAGES �( j
o " C N BOUNDARY SURVE l LB #7893
c, � - ) S T 1 A r ,
e. c.. 4„-
2883 � °
L 4.
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SURVEYORS CLCR77F/CRT I ± '
W I SU VB G, LLC
a I HEREBY CERTIFY THAT THIS BOUNDARY SURVEY
a ISA TRUEAND CORRECT REPRESENTATION OFA
a a SURVEY PREPARED UNDER MY DIRECTION.
f . -0 L STATE OF
D N, S SERVING ALL. FLORIDA COUNTIES
s R v C ORA RAISED EMBOSSED SEAL AND SIGNATURE.
OlgRaey elgdad by Clyde McNeal 8250 N. MILITARY TRAIL, SUITE 102
Clyde : aN:.CN= Clyde McNeal, c= WEST PALM BEACH, FL 33407
McNeal mi zgt
� 7BOiie „ asap' PHONE (561) 640.4800
McNeal gstiN FACSIMILE (581)840 -0576
(SlGNEDf STATEWIDE PHONE (800) 226.4807
CLYDE O. McNEAL, PROFESSIONAL SURVEYOR AND MAPPER,V2883 STATEWIDE FACSIMILE (800) 741 - 0578
I