R01-221RESOLUTION NO. R01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR WATER St~RVICE
OUTSIDE THE CITY LIMITS AND COVENANT~ FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND CAROLOS D. LOPEZ AND SANDRA
NOGUEIRg- LOPEZ; AND PROVIDING AN EFFECTIVE
DATE.
VOtEREAS, the subject property is located outside of the City Limits, but within our
rater and sewer service area, located on the northeast comer of Old Boynton Road and
Nickels Boulevard; and
WIIEREAS, City pohcy requires annexation of the property to be serviced at the
earliest practicable time, as a condition of the granting of water services outside its
urisdictional limits: and
WI-IEREAS, Carols D. Lopez and Sandra Nogueira Lopez are ~e owners of the land
question; and
NOW, TIIEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF
ritE CITY OF BOYNTON BEACH, FLORIDA, TIlAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Carols
D. Lopez and Sandra Nogueira Lopez, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this l"/ day of July, 2001.
CITY O ~.F/'~.~ OYNTS~BEAg/I~, FLORDA
Commissioner
Commissioner
Clerk
~u~-06-200103:0~pm 01--337'612
1.27'94 P~ 1017
City ofBoynmn Beach
100 E Boynton Beach Blvd
P.O..Box 310
BoyntonBeach. F133425
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR AATNEXATION
-t'~'Z~o~) by and between
hereinafter called the "Customer", and the CITY OF BOYNTON BEACh,
a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property' ou~sifde of the
jurisdictional limits of the City of Boynton Beach, Florida; and
W~EREAS., Customer has requested that the City of Boynton
Beach, Florzda. provide water service to the property owned by
Customer; and ' '--"~ ~
W/qEREAS, the City of Boynto~*'beach has the ability to provide
water service to Customer's proper~y; and
W~EREAS, the City of Boynton Beach has policy which
conditions the ~rant of water services outside of its
jurisdictional limits on annexation of the property to be serviced
into the City at the earliest practicable time.
NOW T~EREFORE, for and in consideration of the privilege of
recelvln~ water service from the Municipal Water ~ystem and the
mutual covenants expressed herein, the City of Boynton Beach and
*the Customer, his heirs, successors and assigns, a~ree as follows:
1
ORB 12794 Pg ~0~-~
1. The-City agrees to provide Customer with water service
from its Municipal Water System to service the ~eal property
described as follows and which Customer represents is owned by
Customer:
2. The Customer and the City hereby agree that there are
Equivalent Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of
engineering, material, labor, installation and inspection of the
facilities as required by the City of Boynton B~ach C~de of
Ordinances or Land ~eve%opment regulations to provide service to
the Customer's premises. Th~ Customer shall be responsible for
installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service
lines upon the ~ustomer's premises. All such l~nes shall be
approved by the Director of ~tilities and subject toinspection by
the ~ty Engineers. The City shall have the option of either
requmring the Customer to perform the work necessary to conform the
lines or the City may have the work performed on. behalf of the
Customer, in which case the Customer will pay mn advance all
estimated costs thereof. In the event the Cit~ has such work
performed, the Customer will also advance such additional funds as
may be necessary to pay the total actual costs incurred by the
City.
4. Any wauer main extension made pursuant to this Agreement
shall be used ~only by the Customer, unless written consent is
granted by the City of Boynton Beach for other p~rties to connect.
/kll connections shall be made in accordance wmth the Codes and
regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities
extended from the City Water Distribution System to and including
the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property
owner.
6. The Customer 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 applicable which may be changed from time to
time.
2
ORB 18794 Pg 1019
7. Any rights-of-way or easements necessary to accommodate
the connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and d~liver
to t~e City an Irrevocable Special Power of Attorney grantzng to
the City the power and authority to execute and advance on behalf
of the Customer a voluntary petition for annexation. Customer'
covenants that it shall cooperate with the City and not raise
opposition or. challenge to such annexation if and when annexation
is initiated. The property shall be subject to ann.~xation at the
option of the City at any time the property is elig~_bte under any
a~v~ilable means or method for annexation. Customer ill informs]ay
and all assigns or purchasers of any or part of th~.s property of
this covenant and of the irrevocable special power of attorney, but
Customer's failure to provide such notice shall no1 constitute a
defense or bar to the City's rights as set forth herein. The
Customer acknowledges that the consideration of initially
connecting to the City's water Supply is sufficient to support the
grant of the power of attorney any subsequent disconnection or lack
of service shall in no way impair the power of attorney nor
constitute a diminution or lack of consideration.
9. The Customer acknowledges that this covenant regarding
annexation is intended to be and is hereby made a ccvenant running
with the land described in paragraph 1 above. This Agreement and
the power of attorney referenced herein is to be recorded in the
Public Records of Palm Beach County, Florida, and the Customer and
all. subsequent transferee, grantees, heirs or assigns of Cu~tome~
shall be binding on the Customer and all successors and assigns.
10. It is ag-reed that the City shall have no liability an the
event there is a reduction, impairment or termination in water
service to be provided under this A~reement due to any
prohibitions, restrictions, limitations or requirem~nt~ 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.
11. The Customer hereby agrees to ~ndemnify, ~efend and hold
harmless the City of Boynton Beach, Florida, its Mayor, Members of
3
18794 Pg lOgO
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
Customer's obligation under or performance pursuant to this
Agreement.
12. No additional agreements or representations shall be
binding on any of the parties hereto unless incorporated in this
Agreement. No modi. fications or change in this Agreement sha. ll be
valid upon the part~es unless in writing executed by the parties to
be bound thereby. P es hereto has e~r- hand
IN WITNESS WHEREOF, the arti ye et th s
and seals this ~" day of ~&-~ , ~I3D ~o{
INDIVIDUAL (S) AS OWNER,S):
(As to owner) ~
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I MEREBY C~RTIFY that on this day, before me, an officeC duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared ('~q~l~5 ~m~ 5~m~f~
t~D~ '' tO me known to be the person(s)
and who executed the fore~-~i~s%rume~t that he/she
described
in
acknowledged before me that he/she executed the'same; that the
individual was personally known to me or provided the following
proof of identification:
WITNESS my hand and official seal in the County and State last
aforesaid this ~9h% day of
(Notary Seal)
Notary Public
WITNESS:
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH)
SS:
CITY OF~ BOYNTON BF~CH, FLORIDA
ATTEST:
C~ty Clerk
I HEREBY CERTIFY that on this day, before me, an officer dul~
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared ~/~o~1~ ,
Mayor and ~,~ ~il~ , City Clerk respectively,
of the City named in the foregoing agreemenn and that they
severally acknowledged executing same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said City and that the City seal affixed thereto
zs 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
....
(Notary S
~,~,~. Notary Public
Approved as to form: Legal Description Approved:
City Attorney
JAC/lms
900182
12/12/95.rev
WATERSRV.1
Universal Land
Title, Inc.
~301 w. ]~yu~m ]kagh/~vd. ~_~e 1
B~n B~h~ Fkrid~
(SF/) ~69-F~0 Fax (561) ~$9-~711
UNIVEB
ORB 18794 Pg .1088
CERTIFICATE NO: ~lL~g233
OWNER AND ENCUMBRANCE ~EPORT
Beach Count F o m Palm
y, I r da, =~ncer~ln ~hs he '
r calm ~he followtn~ information: P D ¥,
e~ . - ~ reran ~escrxbe~ ro e~
~ ~ _a~,~,a.~.~- co =ne ~&a= recorded in Plat Book 15
- ==~ ~arce~ ue~crlbed in E~bl~ A.
~P~ ~0~ TIT~E ~ST~ IN:
reco~de~ in O.R. ~ok 11480, ~u Page 1~7 an~ O.R. Boo~ 10S71
Page 1110.
· a~Ncz~ ~o~ OF $~l,z00.00, T0 ~TS ~. ¢7, ~s, ~oc~
2. ~!TX 0F TITL= ~~ ~CO~ED IN O.R. BOOK %230~ P~E 65.
4. S~E ~s AGAINST ~OS LOPEZ ~I~ ~ ATTA~D TO THIS
O~aSH~P ~ ~C~CE ~ORT, ~ ~y BE C~SID~
AG~ST ~
INFORMATIONAL NOTE: The Tax A~seseors Number for the insured
Effs~%lve date of thi~ Re~oru i~ March 17, ~001, a= 8:00 A.M.
Continued on me~= ~a~m
05/11/01. 1~1 00:43 [TX/I~ NO g771l ~]~OZ
OS/iL, O/ FRI 1§:23 FAX 5613695711 VFIVERSAL-BB =~,~u~ ~003
ORB 12794 Pg 1023
OWRER AND ENCUMBRANCE REPORT CONTI14I/~D
05/11/01 FRI 09:15 [T~/I~ NO g771] ~003
~IS INSTRUMENT PREPARED BY:
James A. Cher0f, Esquire
Joslas & Goren. P.A.
3099 East Commercial Blud.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF F~ ~iA~
"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 s~all extend to
the CITY OF BOYNTON BEAC~ full and complete authority to act
Grantee's behalf to accomplish annexation by any available means.
The real property which is the subject of this power is described
as follows:
The powers and authority of my an%orney, TI~E CITY OF BOYNTON
BEACH, FLORIDA, shall commence and be in full force and effecE on
the ~, day of 19 and the powers and
authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the I~--day of
in the year omc thc-~ .... d nz~.A
Sealed and delivered in
Oitness
Witness
Prxnt name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEAC%4 )
T~EFOREGOING INSTRUMENT was acknowledged before me this __
day of ~f~i~ , ~-92~c~, bY ~9 ~ ~A ~
, who are known 3~o__~me ho
produced , as identification and
did/did not take an oath.
NOTARY PUBLIC .
Type or Print Name
Commission No.
My Commission Expires:
POA. IND
and
have
who
.MyOFFICIAL NOTARY SEAL
BETH HEP, SHOCK
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC636526
COMMISSION EXP. AFR. 20.2~01
500 I~i,q £t.l~3~a#YO Ci~CK~
May 8, 2001
To Whom It May Concern:
Proposed house shall be a two story single family dwelling. First floor shall ha, ye a kitchen, living
room, dinning room, den and half bathroom Second floor shall have four b .e~r, ~oms and two
bathrooms. Exterior walls shatl be of 8" masonry walls with stucco finish on th~ outside and
2 1/2" furring with 5/8" GWB on the inside. Roof shall be Spanish Sconc. tile~. Sewer shall be
septic.
OWner: LOpE~ CARLOS D
BOYNTON BEACH FL 33~36 7116
Short Legal Demc=i~tion:
WEST BOI'NTON P~ 2-C. LTS 66 THRU 71
OLD ~OYNTON RD R/W). BL~ 15
001WAM
Uss Code-
A~ricul=ural
Rg/TWlSC: 43/%5/19
Map ID:
Tax Diet: 00203
(LESS S 7 FT & TE~LR PAR
Cra/Da~
Notes Indicator: y
ROYCe:
Zone:
WORTR DRAINAGE DIST,
WORTH DRAINAGE DIST.
NAV Factor
Subdivision:
MO~ CC:
COndo
Vac/im~r:
Sale Date: 11/01/99
S~ie i~t: 14~000
La~e: 1657
al Cd.
Cer=ifi=a=e #: 00000oo
Acres(Deeded): .~218
Acres(EAA):
Assessed val~es
Len~ M&rke=:
TO=&1 Mar~e~:
Cap. Ad]. Value:
Agues Value=
i' To,al
27,5000 ! Descrip:loa
29,500
27. $00
0
0
0
27.500
Exemptions
% Amount Status
PROPERTY ADDRESS:
Nickle~ I~oulevar,d and Old ~oyn;on Ro~
~oyn$on ~eaeh, ~Jo~a ~G
40'
12'794 Pit ::l. OPq5
PL-OOD ZONE:
Zone
Communi'~y Panel No.
/ZOtq~ 01~0
October
125.36'
Id E)oynl;on Roa~ \
I.-OCATtON MAP
I~uekin Avenu~
J j $1T~ ~.
~/~ Doyn~on I~oad
ot to
J~o'undary Survey
~0. O'
30. O' 30. O'