R16-036 1 RESOLUTION NO. R16 -036
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 LOUISE AND ROBERT
9 - RUBINO; 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 3576 Barkis Avenue, Boynton Beach, FL (Parcel Control
14 Number 00- 43- 45- 19 -02- 012 - 0101); 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 Louise
28 and Robert Rubino, a copy of which is attached hereto as Exhibit "A ".
29 Section 3. This Resolution shall become effective immediately upon passage.
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30 PASSED AND ADOPTED this 1st day of March, 2016.
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
48
49 ATTEST:
50
51
x mac. 4i
53 Judi A. Pyle, CMC
54 IE :,rim City Clerk
5.5
56
57
58 (Corporate Seal)
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Return to: (enclose self-addressed stamped envelope) 1111111111111111111111111111111111 11111111111li 11111111 .
Name: CFM 2016
OR BK 28188 PG 1454
Address: ' ` _. RECORDED 03/26/2016 14:14:14
My ��
CITY c Y Nr() i aEA aim Beach County, Florida
K'S OF F icE S haron R. Bock, CLERK & CO W ti ROLLER
16 APR r P ti ii: 19 Pgs 1454 - 1460; (7pgs)
G1 �Y °A
= AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
Q AND
ti704 if,? COVENANT FOR ANNEXATION
° "— (Individuals)
This Agreement, made on this 04 day of FEBRUARY, 2016 , by and between:
LOUISE AND ROBERT RUBINO 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- 43- 45- 19 -02- 012 -0101
I
2. The City agrees to provide Owner(s) with water services from the City Water System
only as necessary to service the Property. 1
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.
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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.
prtY•
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,
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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
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f 1
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals) ,
I
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this C l day of
FebiGr, r.( , 20 !6 . Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S):
Q ii,t 1.\___c/.______. fit3/1, (e-.A.6-v,::—&
F4/WitnessSignature Owner Signature
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Printed Witness Name Printed Owner Name
Linot
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Second Witness Signature
Al 1 her✓&.. fiz Aid(
Printed Witness Name
. VAAtiart
t WitnessS Owner Signature
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Printed Witness Name Printed Owner Name
Lam jawk._,441
Second Witness Signature
Minerva., ibidual
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 authori, ed in the State of Florida and in the
County of Palm Beach to take acknowledgments, personally appeared to me _i_4' ii / % 1
as the Owner(s) named in the foregoing Agreement and that he /she acknowledged - - • , mg e same in j - . - :. ce of
two subscribing witnesses freely and voluntarily and that the individual wa• personally known to me or provided ts; ,
following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this day of Fah ,20i 4..
i
(Notary Seal) _ - � 4iL lit
Notary r Signature 1
A. s.a ma
Printed Name of ;' • .1, •,'; i :" s►� AN E MAY
,��p,RY PU
My Commission Expires: '_° '`1 `� ` Nota omm ublx , ; r Sta; a of flori 1
1 Commiss N 138 .,
' % �e`tp9, • Commission # FF 041915
Bonded Through National Notary Assn.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS
AND
COVENANT FOR ANNEXATION
(Individuals)
CITY OF BOYNTON BEACH, FLORIDA
A Florida m icipal corporation
B ,w j
Lori LaVerriere, City Manager
ATTEST:
— % z 1 5 ;2-
Clerk .15,
BA �.
Approved as F 6/P
1 /
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 fe:.-VC. 20 6
Gt/YI UYI` gi .-�f .4. r.- GS,
:ta:vaw4•.• TAMMY 1. STANZ ONE Notary Public Siiature
=' MV COMMISSION # FF213683 Tammy L Stanzione
%N e taw. EXPIRES March 25. 2019
1407) 398 -0'53 norideNvtwySU vice. Printed Notary Public Name
My Commission Expires: 3/%7 5/i Commission No. V \= \ g 3
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to v IRREVOCABLE SPECIAL POWER OF ATTORNEY
o 4 , T 4' (Individuals)
o N e
STATE OF FLORIDA
COUNTY OF PALM BEACH
I/We, LOUISE AND ROBERT RUBINO_, 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:
PCN No.: 00- 43- 45- 19 -02- 012 -0101 1
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the _04_ day of _FEBRUARY ,
2016and the powers and authority shall be irrevocable by Grantee.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
SIGNATURE PAGE FOLLOWS
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r
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(Individuals)
IN WITNESS WHEREOF, we have hereunto set our hands and seals this L day of
Fob -,ar- , in the year 20lC .
Sealed and delivered in the presence of:
TWO WITNESSES as to each Owner: INDIVIDUAL(S) AS OWNER(S):
•
� & ire:„ ---_.)
F i tnes Signature Owner Signature
` 3 — c1 T, .14 eck ') ter" fo6 gv b kt ®'
Printed Witness Name ��/ Printed Owner Name
bin ,,,,,,,,,,,, -- , l_.I U L1
Second Witness Signature J
Hi riertfcL f—ft de`I
Printed Witness Name
F Witness Signature Owner Signature
S a v e IA ea \i npu S . (--17k Ru13 rYJD
Printed Witness Name Printed Owner Name
L /n1n eC e(
Second Witness Signature
M (nerve- i
Printed Witness Name
STATE OF FLORIDA ) 1
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTR NT was acknowledged before me and executed the same this +. / : i�rli.A• i 1
20 I L, by L 1,� NUCOR Yl D and 6�)e��' Rta�1 I V who are known
me or who have produced the following as proof of identificati n (,//�/ °�
(Notary Seal) 4104/ n 1' I
Notary Public Signature
Pr `ed : \ e • r•'ul�lic r loge - State of Florida
/ • : _ nv ;• My comm. . Expires Nov 25, 2011
My Commission Expires: Il / o5 � Co kc � � - J'' ► s commission # FF 041915
'' ° ■`P Bonded Through N nal I4 Y ASIR,
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1 IIEE11111111111111111111 III 0111 filIl 111R 111 1 11 1 101
CFM 2016010446'
:...... , OR BK 28188 PG 145'3
CITY .•O,F.:BtIY ICIIi, BEACH: RECORDED 03/28/201G 14.15 :55
CITY CLERK' S OFFIC Palm Beach Couarty, Florida
Sharon R. Bock, CLERK & COMPTROLLER
THIS INSTRUMENT PREPARED 13Y: o PM 14: �� Pg 1459; €1pg)
James A. Cherof, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742 -6050 RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF BOYNTON BEACH, holder of a certain Lien filed by the CITY OF BOYNTON BEACH,
against the property described below in Palm Beach County, Florida,' alleged to be owned by NHO REAL
ESTATE USA LLC., CEB NO. 14 -2546 recorded June 22, 2015 in ORB 27618 Page 1192 in the Public
Records of Palm Beach County, Florida, to wit:
Unit 2, Lot 94, LAKES OF TARA, according to the plat thereof as recorded in
Plat Book 52, Page 84 and 85, of the Public Records of Palm Beach County,
Florida
PCN: 08- 43- 45- 30 -20- 000 -0940
�.�
Address: 94 Magnolia Circle, Boynton Beach, Florida
does hereby cls "�4 -d e :- satisfaction of said Lien and hereby cancels the same of record.
41 1PA' w,- 40111111.
CITY OF BOYNTON BEACH, FLORIDA
- CI- IL1V�,.I A- _ELLI.S BY: _ � L / ` '° 1.�
(Print Name) J , Taylor, ayor
1 1 1 k k`
C > a g°' , r e ,`� `,
1 AY "i� 4 3 ^ 010" f Witness Attest ,,:
• , cyzr.), : - A s, , , , , ,,,) ' %4.,
Catherine Cherry
;tv
(Print Name) Juih A. Pyle, CMC, Interi, ° City Clerk � a r „(:.
�.
STATE OF FLORIDA ) 'y,.
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Jerry Taylor, Mayor, as authorized I
representative of the City of Boynton Beach, Florida, who is personally known to me , or —has
- pro'dt1e d as— idGntif e -ation and-- -who- --did (did not) take an oath, and he I
acknowledged to and before me that he executed the foregoing instrument for the purposes therein expressed,
pursuant to due authority.
WITNESS , my hand and official seal this %b day of CtA 2016.
. ./
r ' TA64�V V L .'�s�A 1ZiONE' NOTARY PU �
_ MY C OM M ISSION iF FF213683 My Commission Expires: /��J /3
: ' ^ '� EXPIRES March.25, 201
(Official •s
i 398- 53 F-I ii.', .:a
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l I
1IIIIII IIIIIIIIlII1I11II11II1 iIJIIIIIIII VIIII 1111
• CFM 201601044E5
CITY OF BOYNTON BEACH OR Brig 2811313 PG 1472
CITY CLERK'S OFFICE RECORDED 103/28/2016 1417:13
Palm Beach County, Florida
16 APR 18 PM 4: 20 Sharon R. Bock:, CLERK & COIIP T RGLLER
Pgo 1472 - 1473; (2pgs)
THIS INSTRUMENT PREPARED BY:
James A. Cherof, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742 -6050 RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF BOYNTON BEACH, holder of a certain Lien filed by the CITY OF BOYNTON BEACH,
against the property described below in Palm Beach County, Florida, alleged to be owned by COLFIN A -1 FL
3, LLC., CEB NO. 14 -933 recorded September 18, 2014 in ORB 27046 Page 1681 and CEB NO. 14 -1598
recorded January 16, 2015 in ORB 27282 Page 0610 in the Public Records of Palm Beach County, Florida, to
wit:
The South 98.76 feet of the following described property:
PARCEL "A" OF SKY RANCH ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, PLAT BOOK 26, PAGE 94, LYING NORTH OF THE EASTERLY
EXTENSION OF THE SOUTH LINE OF LOT 2, BLOCK 4, MISSON HILL SUBDIVISION AS
SAME IS RECORDED IN PLAT 24, PAGE 178, RECORDS OF PALM BEACH COUNTY,
FLORIDA AND
LOT 8, BLOCK 4, MISSION HILL SUBDIVISION ACCORDING TO THE PLAT THEREOF
•
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, IN PLAT BOOK 24, PAGE 178, LYING NORTH OF THE
EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 2, BLOCK 4, OF THE
AFORESAID MISSION HILL SUBDIVISION.
PCN: 08- 43- 46- 04 -06- 004 -0083
Address: 2931 S. Seacrest Blvd., Boynton Beach, Florida
. hereb acknowledge satisfaction of said Lien and hereby cancels the same of record.
CITY OF BOYNTON BEACH, FLORIDA
SHAYLA ELLIS BY: AL4,, �L -✓
(Print Name) erry Tayl. , Mayor ,
dO±lu I AF
Witness Attest:
at etine Chevy � ���L,,c , � ..
(Print Name) Jidith A. Pyle, CMC, Inteim City Clerk "1.
•
S: \CA \Departments \CODE-ENF \Releases and Satisfactions\2931 S Secreast Blvd 14 -933 14- 1598.doc
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Jerry Taylor, Mayor, as authorized
representative of the City of Boynton Beach, Florida, who is personally known to me - ^ = --lea
pr tt�ed - as-- identi•ft;ation— and-- who —t!id° (did not) take an oath, and he
acknowledged to and before me that he executed the foregoing instrument for the purposes therein expressed,
pursuant to due authority.
WITNESS , my hand and official seal this r 5 day of March, 2016.
NOTARY PUBLI ✓'
My Commission Expires: 4:-
(Official City Seal)
0.• '°." TAMMY L STAWZIONE
•
E MY COMMISSION # FF213683
- 1,1•;r EXPIRES March 25. 2019
(4C7■398 -0'53 fbridallo:vyServica.con:
•
S: \CA \Departments \CODE -ENF \Releases and Satisfactions\2931 S Secreast Blvd 14 -933 14- 1598.doc