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R15-155 1 RESOLUTION NO. R15 -155 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 FERNANDO AND IRIS 9 MORALES; 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 3977 Barkis Avenue, Boynton Beach, FL (Parcel Control 14 Number 00-43-45-19-01-001-0431); and 15 WHEREAS, the parcel covered by this agreement is a single - family home located in 16 the 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 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 Fernando 28 and Iris Morales, a copy of which is attached hereto as Exhibit "A ". 29 Section 3. This Resolution shall become effective immediately upon passage. S: \CC \WP\Resolutions\2015\R15 -155 - 3977_Barkis_ Ave_Water_Service_Agreement.docx 30 PASSED AND ADOPTED this 15 day of December, 2015. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor — Jerry Taylor 37 38 Vice Mayor — Joe Casello 39 40 Commissioner — David T. Merker 41 42 Commissioner — Mack McCray 43 44 Commissioner — Michael M. Fitzpatrick _ 45 46 47 VOTE 4 4 - 1) 48 49 ATTEST: 50 51 52 al /A • ..�, 53 , Jan; M. Prainito, MMC 54 Clerk 55 56 �� °`Y 57 58 or t =.ea1) 59 S: \CC \WP\Resolutions\2015 \R15 -155 - 3977_ Barkis_ Ave_Water_Service_Agreement.docx AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND l COVENANT FOR ANNEXATION r" " (Individuals) This Agreement, made on this og day of ' 'Ir'. , 20/,(, by and between: �.� 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) 00'19-45-- /q_ Ol.. 001 0431 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. 1 1 15- 1 55 Page 1 of 5 U: \WSA forms \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 otherwise conveyed or abandoned to the property City exclusively unless p p rty owner. tY Y Y 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 the event there is a reduction, impairment or termination of water service due to acts of God, Page 2 of 5 U: \WSA forms \WSA (Individual) 8- 22- 12.doc 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 U: \WSA forms \WSA (Individual) 8- 22- 12.doc 1 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) IN WITNESS W EREOF, the parties hereto have set their hands and seals this a3 day of , 20 1 (Sealed and delivered in the presence of: 4 0 WITNESSES a o e ch Owner: IN VIDUAL(S) AS ER(S): rif Witness Sign. r � � Owner Signature r e v ♦ \4160 Y(�CO Printed Witness Name Printed Owner Name Secon itness Signature P ' ted Witness N e ,OAtt-4 F' t Witness Sig Owne ignature a -r-I ur �1 in s 07 . /yio frt. lei Printed Witness Name Printed Owner Name Second ness ignature Print d 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 Fe 4 r c.s-6 Lei (L\ e -4 Tr iS 1- �t,re3 as the Owner(s) named in the foregoing Agreement and that he /she acknowledged executing the same in the presence of two subscribing witnesses and voluntarily and that the individual was personally known to me or provided the following proof of identification: V Lvr .6r_ Le. nSt_ WITNESS my hand and official seal in the County and State last aforesaid thisa 5day of N•vc nn1a,20 1S (N • . 0..) 0����D� +r' Haary Public Stag d Florlds . Notary Public Sign Tarayn Pratt 0. cam\ ►� ! c�� l My ColrMniaioe FF 177863 .9 £x 1 v 1W2018 Printed Name -6 f Notary Public My Commission Expires: 1\ • 1 C A 2 - \% Commission Number: CF \ 1-1 3 Page 4 of 5 U: \WSA forms \WSA (Individual) 8- 22- 12.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) CITY OF BOYNTON BEACH, FLORIDA A Florida municipal corporation By: Lori LaVerriere, 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 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 day of , 20_ (Notary Seal) Notary Public Signature Printed Notary Public Name My Commission Expires: Commission No. Page 5 of 5 U: \WSA forms \WSA (Individual) 8- 22- 12.doc ` 5 i 1 r" ) "' - . IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH 1 I /We Ye 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.: 0O- 13`4x- tot -©l` 00/-093/ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, hall commence and be in full force and effect on the a3 day of n iAl° , 20 /rand the powers and authority shall be irrevocable by Grantee. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) SIGNATURE PAGE FOLLOWS Page 1 of 2 U: \WSA forms\Power of Attorney (Individual) 8 -22 -12 (3).doc IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3 day of in the year 201 Sealed and delivered in the presence of: TWO WITNESSES as • each Owner: IN IVIDUA (S) AS ER(S): itness Sign. Irre f O er Signatur rcuto s Printed Witness Name Pr me wner Name Second itness Signature q o Printed Witness Name SA4 fl ii0A\ah, t Witness Signatwe Owner Signature / n & y cc-c& r ( r✓-R -/ - r I / , /t'1 e r al Printed Witness Name Printed Owner Name Secon•R itness Signature cEAS Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me and executed the same thi day of 20 \S, by C J Noay\ �' '� �`J � \ l >v Cy st who are known to me or who have produced the following a proof of identificatioh - \ f ', c \c;, r ; ,rw Le_nssz. o . 1, Iy + ,... • Notary blic Signature l Notary n Public Pratt Stott d Fbridt Taralyn P r9711171701, FF 177863 \ �� �` ` r '1 a w 18 Printed Notary Public Name My Commission Expires: \ \ . \ G • Z C\S Commission No. F \ Page 2 of 2 U: \WSA forms\Power of Attorney (Individual) 8 -22 -12 (3).doc 1 Page 1 of 1 °°` Gary R. Nikolits, CFA Homestead Exemption E -file ► • # d ▪ - ' Property Appraiser _ . . ' � Palm Beach County Location Address 3977 BARKIS AVE Municipality UNINCORPORATED Parcel Control Number 00- 43- 45- 19 -01- 001 -0431 Subdivision WEST BOYNTON PLAT 1 Official Records Book 08863 Page 0013 Sale Date JUL -1995 I Legal Description WEST BOYNTON PLAT 1 LT 43 (LESS E 8 FT), LTS 44 & 45 & 46 (LESS W 7 FT) L__ A /K /A AVONDALE PINES UNREC LT 14 r Owners Mailing address MORALES FERNANDO & 3977 BARKIS AVE MORALES IRIS BOYNTON BEACH FL 33436 2714 J Sales Date Price OR Book /Page Sale Type Owner JUL -1995 $69,000 08863 / 0013 WARRANTY DEED MORALES FERNANDO & JAN -1980 $68,200 03324 / 1113 WARRANTY DEED Exemption Applicant /Owner Year Detail MORALES FERNANDO & 2015 _______D Number of Units 1 *Total Square Feet 2073 Acres 0.21 Use Code 0100 - SINGLE Zoning RS - Single Family Residential (00- FAMILY UNINCORPORATED ) _I 7 Tax Year 2015 2014 2013 Improvement Value $105,509 586,268 573,269 Land Value $45,292 $39,384 546,335 Total Market Value 5150,801 $125,652 5119,604 All values are as of January 1st each year Tax Year 2015 2014 2013 Assessed Value $98,892 598,107 596,657 Exemption Amount $50,000 550,000 $50,000 Taxable Value $48,892 $48,107 $46,657 F Tax Year 2015 2014 2013 A d Valorem $1,097 $1,094 $1,070 Non Ad Valorem $672 $676 $670 Total tax 51,769 $1,770 $1,740; http: / /www.co.palm- beach. fl. us / papa / Asps / PropertyDetail /PropertyDetail.aspx ?parcel =00... 11/16/2015 E AF 702 -, ._ '3 I$ SFcTIbH Boundary Survey :.... z I g, CURNE2 for 4 •y.r \ Leon Cloutier � "'' "`r DRIVE„ ;rn 1 12 UTILITY EASEMENT V o -- .-- 91.46' -- - N1.88 5 O ((1 '� r - - ... m �o � �� u 1 �� 1� 1 n j ^ X 07 I , � " ;z� .: 1 97 y V V ?5 MIN Ng V -Z� ' - n 1 Gsta: I . I MO Mr N bolt , 21.0' ,4,,,,,...:. d � � <. c endYlwpk - - s�E.�„.d - f m CN l� 4 ( / � . .. 330 1 f !� al U oY a ILA Y Ind , J � 1/ 1 p X', PROPO O i Z n, \ , DUE STOQ`( C.f3.S. N j 11:: `V ti) eY ! ' ., RESIDENCE ! i • W :o G7' 1 1s ri r. r • .1 1 1� / 1 In . T ( ) ` " 1 ' \ \ `y,, \' BM NAIL IN 6 .� i ' `� PINE TREE J 1 i_ .„6,,, ; CC 0 /C \ .�X/ ROAD EAS EMENT —'� ' Clb =1 .67 N a (t�$a��iiNG &. .'..) __i . RI 40.03• y • - BARk1 - A►gip T -E f _, __ _ L ot 43 'except the East 8 feet thereo bhtt . 11 C37 p 46 Except the West 7 feet thereof, Block 1 ., ■ P• • t ^,, rfC\ �- p , .,1 f` J No. 1 , as recorded in Plat Book 1.4, pa e 4' �„�^ ""'.• Palm Beach County, F1.orida. Also known as Tract 14, according to.- the unreco lac `f � Avondale Pines. Subject to easements of record. �\ I HEREBY CERTIFY that the information shown hereon is a true ano (n correct representation of a survey, made under my direction, of the lands as described hereon and that the roposed c nstruction as shown hereon was plotted under my direction Date:1,40 / 3 _/91y 3y: / ' •�-- ' — i 7 L. EGEND Florida certificate No. / 76_ C:_PE2C TE5f SITE FLORIDA SURVEYING & MAPPING INC. • = IRON 2)D5 SET REGISTERED LAND SURVEYORS PODS HAVE BEEN SET WEST PALM BEACH, FLORIDA 33401 _ ON EASFMtNT LINES '°•" 1 "= 20' "` °R' °.,. fJSTEAD OF PROPERTY °••' 11- I°S-78 ' CORNERS ° . 2 ' TRACT NUr16ER5 R. 23 /% s 14 F 238e/1 ' T�n SEPTIC TAA.1K SITE " "` TRACT 14, BLOCK 1 N°. 4 i �� c-)C, 51HI. E AKan ralz AVONDALE PI 1\1E5 178' 1 58 ; I _ D*A0VIELC exPAN510N l .l •LUE.RINTERS 1 - !! - -,� The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742 -6451 FAX: (561)742-6298 T ON LETTER OF TRANSMITTAL TO: Janet Prainito DATE: December 14, 2015 RE: Agreement for Water Service outside the City Limits with Fernando and Isis Morales for 3977 Barkis Ave, Boynton Beach, FL 33436. TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Copies Date No. Description 1 Original Water Service Agreement for execution. REMARKS: Please complete execution of document Commission approved 12 -15 -15 and distribute as necessary and usual. cc: File SIGNED : Water Service Agreements Outside the City of Boynton Beach Limits (Single Family Homes) TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please note that all blanks (other than signatures) are to be typed or legibly printed. 2. Names in the blanks must match the owners' name exactly as it appears on the Deed to the Property. • Correct example: John Ralph Customer and Alice D. Customer • Incorrect example: John R. and Alice D. Customer • Incorrect example: John and Alice Customer 3. Sign the Agreement for Water Service Outside the City Limits and Covenant for Annexation (on Page 4) and the separate Irrevocable Special Power of Attorney. 4. Have all signatures properly witnessed and notarized on both Agreements, including the full names inserted in the Notary's Certification. 5. Provide the Property Control Number below and attach a copy of the Deed to the Property and legal description (Labeled "EXHIBIT A "). 6. Provide the Owner's Information and Property Information requested below. 7. Return all documents to Utilities Administration Office, 124 E Woolbright Rd, Boynton Beach FL, 33435. Sincerely, Customer Service Manager — Utilities Finance Department OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME FOR PROCESSING THIS APPLICATION, PRIOR TO SCHEDULING IT 3-4 WEEKS BEFORE A CITY COMMISSION MEETING FOR APPROVAL. CITY COMMISSION MEETINGS ARE NORMALLY SCHEDULED ON THE 1 ST AND 3 TUESDAY OF EVERY MONTH. THE TOTAL TIME SCHEDULE FOR APPROVAL COULD BE AT LEAST 5 -6 WEEKS FROM THE DATE OF SUBMITTAL TO THE DATE OF COMMISSION APPROVAL DEPENDING UPON THE COMMISSION MEETINGS DATES. Owner's Informatio Owner's Name: 1 ©IW 'Cr& y � Mailing Address: 3°7 ;d J ' / ��/ d No. & S A eet City State / Q Zip Code Home Telephone No 11 Mobile Telephone No. ra('' 3? O ' C1 3 Property Information: ( hO Addr ess: *77 � r a34 No. & Street Ci State Zip Code County Appraiser's Office Property Control Number (PCN) 0 43 `'7 S 19 01 001 0493 / U: \WSA forms \Cover Letter - Single Family Homes10 -7 -15 (3).doc