R02-021RESOLUTION NO. R02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING TIlE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CiTY OF BOYNTON
BEACH AND JOYCE A. KANE.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
water and sewer service area, located on the west side of Military Trail, at the intersection
with Old Military Trail; and
WltEREAS, City policy 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
WHEREAS, the subject parcel currently contains a one-story residence, which will
,~ventually be replaced by a two-story retail office building of approximately 7,568 feet.
NOW, THEREFORE. BE IT RESOLVED BY TIlE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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
Joyce A. Kane, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~' day of February, 2002.
Commissioner
co .-o 2~ 2/
January 11, 2002 4:4~ PM From: Be'il Ktug~
1ames A. Ch~'o~,
]osias & ~
3099 East Commercial ~tvd.
Su~e 2~0
Ft. Laudexda[o. ~L 33308
Fax Numar: 265-~11
Page 2 of ii
RESOLUTION EXHIBIT
lllillHllilllllllllllillllllllllll
02/t4/2002 08:48:29 80020083601
OR BK t36t3 PG t85"3
Palm Beach County, Flo'rida
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
\
THIS AGREEMENT made on this ] [;'/~. day of k~'i ,"Ii Lf~ } [ / , 2002, by and
between J~reinafter called the "Customer', ~d the CI .lz~ OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the
City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida
provide water service to the property owned by Customer; and
WHEREAS, the City of Boymon beach has the ability to provide water service to
Customer's property; and
WHEREAS, thc City of Boynton Beach has a policy which conditions the grant of
water ~crvic~s outside of its jurisdictional limits on annexation of thc property to be
servicexl into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water
service from the Municipal Water System and thc mutual covenants expressed herein,
the City of Boynton Beach and the Customer, his heirs, .successors and assigns, agree
as tbllows:
1. The City agrees to provide Customer with water service bom its Municipal
Water System to service the real property described as follows and x~hich Customer
representa is owned by Customer: (Exhibit A)
2. The Customer md the City hereby agree that there are 4 Eqmv_01ent
Residential Connections which City shall service.
3. The Customer agrees m pay all co~.s and fees of engineering, material,
labor, installation and inapecfion of the facilities as r~luir~l by the City of Boynton
Beach Code of Ordinances or Land Development regulations to provide service to the
JalUary I1, 2002 4:4~ PM From: 8ed{ Kruger Fax Number:. 265-4i111 page 3 of ~i BOOK
Customer's premises. The 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 Customer's premises. All such lines shall be approved by
the Director of Utilities and subject to inspection by the City Engineers. The City shall
have the option of either requiring 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 in advance all estimated costs thereof. In the
event the City 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.
Any water 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 parties to connect. All connections shall be made in accordance with 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 bom time
to time.
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 deliver to the City an
Irrevocable Special Power of Attorney granting 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 annexation at the option of the City at any time thc property is eligible under
any available means or method for annexation. Customer will inform any and all
assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall
not constitute a defense or bar to the City's rights as set forth herein. The Customer
acknowledges that tlxe 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 covenant 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
January 11, 2002 4:4~ PM
From: Bedt Kruger Fax Number: 265-46il Page 4 oi' 6
BOOK 13413 PA6E 1857
all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on
the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability in ttte event there is a
reduction, impairment or termination in water service to be provided under this
Agreement duc 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 liabihty 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
thc City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the
City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers,
employees and agents (Both in their individual and official capacities) tSom 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 Customers obligation under or performance
pursuant to this Agreement.
t2. No additional 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.
IN WIT~SS WHEREOF, the parties hereto have
/~('~' day of (, i. i"!(,U >'? ~,i i ,/ ,2002.
WII~ESS: -
(As to
(As to owne0
{...,~-S tO ow*Per)
(As tO owner)
set their hands and seals this
INDIVIDUAL(S) AS OWNER(S):
(Print ~am~:) Joyce A. Kane
(Print name)
FOR INDIVIDUAL(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 aforesaid and in the County aforesaid to take acknowledgments, personally
appeared .:~..~-["., ~,_;~ ~rS ~ -.. ,i:~ ~- LI ¢~ to me known
to be the person(s) described in and who executed the foregoing instrument that
he/she acknowledged before me that he/she executed the same; that the individual
Jammry11,200Z 4:48~1 From:B~rilKrug~r Fax t~.~mber: 265-4611 Fa~o[6 BOOK 13413 ~ ]858
~or
wa~ personally known to provided the following proof of identification:
· . WITNESS^my hand and official seal in the County and State last aforesaid this
~'~ day of / ~/)CU.{~ ~ I J ,.2002
~aas~a~m Notary Pubhc
WITNESS:
_CITY O,F ¢Oxt~rON~ BEACH, FLORIDA
Ma~or
STATE OF FLORIDA )
) ss: '%,.
CO~TY OF P~M BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared ~)err. t.[c{ P rt e} inq , Mayor and =T'ane.± ~r?ti ttt ~o ,
City Clerk respectively, of the'q~ity named in the foregoing agreement 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 is the true corporate seal affixed thereto is the tree corporate sea/
of said City.
WITNESS my hand and official seal in thc County and State last aforesaid this
da_y__or .....ffce-bt'.~caK~/ . ,2002.
(Notary : sus com.s,
~ii~~Appro ed to orm:
Notm'y Public
Legal Description Approved:
x.
BOOK 13413
1859
x,
'x
x~
'x
'x
x.
'x
'x
x,
?
/
/
/
AGREEMENT EXHIBIT ~A=
BOOK 13413 PP, GE 1BE~
January 10, 2002 8:35 A~I Fr0n~: Bedl Kruger Fax Number: 265-4611 Page 2 of 2
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
o.
I/We, -,--,.j-a.~. c~ ((~..,.,.< , 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 mai property which is the subject of this power is described as
The powers and authority Of my attorney, THE CITY OF BOYNTON BEACH,
;FLORIDA, shall commence and be in full force and effect on the (_~ day of
jj~ ..~ j_.~ , 200c~,. and the powers and authority shall be irrevocable by
ntee. ~
i WITNESS WHEREOF, we have hereunto set our hands and seals the( ~ .
day of~//,C~h_.~ ,. in the year two thousand. ~QE)~
~,S)ealed and(~Jelivered in the presence of -
.lamm7 7, 2002 10:09 ~,~& From: Bedl Kruger Fax Number. 265-4~11 Page 2 of 3
BO01~ 13413 PAGE 18~1
W~tness.
Witness
Witness
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
~...._.~rin~ n'ame
/'~ THE FOREGOING INSTRUMENT was acknowledged before me thisL~z~ day
{[ of ~ 20Oc~, by __~ and
· ~ ~ ~u ~. ~. ~-~.~ . ~wh0 ~ G7-'~ have produced
~ ~ .... , as ide~tifi-cajion ar~ who did/did not take an oath. ~
My Commission Expires:
Type or Print Name
Commission No. C
· IIOT/~'Y IsU~uC ' STATE OF FLORa%
~II~D TI, CRU Jli,,~A 1 ~YI
IRREVOCABLE SPECIAL
POWER OF ATTORNEY
EXHIBIT
BOOK 13413 P~E ~862
LEGAL DESCRIPTION FOR 8305 Military Trail, Boynton Beach, Florida
A TRACT OF LAND IN THE SOUTHWEST ONE-QUARTER (S.W. ¼) OF THE
NORTHWEST ONE-QUARTER IN.W. ¼) OF SECTION 13, TOWNSHIP 45 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 13, TOWNSHIP 45
SOUTH, RANGE 42 EAST: THENCE N.O°27'10',W., ALONG THE WEST LINE OF
SAID SECTION 13, A DISTANCE OF 1323.18 FEET TO A POINT; THENCE N.
89°59'21" E., A DISTANCE OF 440.54 FEET TOA POINT; THENCE S.0°27'32"E., A
DISTANCE OF 500 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE
WESTERLY RIGHT OF WAY LINE OF STATE ROAD 809 (MILITARY TRAIL); THENCE
NOTHEASTERLY, ALONG SAID WESTERLY RIGHT OF WAY LINE HAVING A RADIUS
OF 1960.08 FEET, CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF
3°4.8'46'', A DISTANCE OF 130.43 FEET TO END OF SAID CURVE; THENCE
N.44°56'49"E., ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF
104.6 FEET TO THE POINT OF BEGINNING; THENCE N.40°46'31-W., A DISTANCE
OF 181.87 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE
SOUTHERLY RIGHT OF WAY LINE OF A 66 FOOT COUNTY ROAD; THENCE
NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF
509 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE WESTERLY RIGHT
OF WAY LINE OF STATE ROAD 809; THENCE S.44°56'49"W., ALONG SAID
WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 421.62 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING. LESS IHE SOUTHEASTERLY 10 FEET THEREOF
FOR ROAD RIGHT OF WAY FOR MILITARY TRAIL (STATE ROAD 809).
CONTAINING 42,035 SQUARE FEET OR 0.97ACRES MORE OR LESS
...... BO0~ 13413 1:~IOE. t~:,3 .....
arrnnt
(STAfl,5'ORY ~RH--S[CflON 6~9.02
,lav,f Augus~ " l~ .
~ ~na L, Me~edl~h~ a single w~,
Willim A. K~e and Joyee A. K~e, his wife,
l~d in :he soubhves~ one~ua~:e~ (aW l/q) o~ the Northwest one-~uar:er
of Section ~ Township a5 South, R~ge ~2 Eas~ Pa~ Beach County, Florlda~
more par~Icularl~ described as foll~sl Co~enein& a: ~he Wes~ qua~te~
of Section 13, Township ~5 South, R~ge ~2 East; thence N-oO.27,_10,.W along
wes~ llnc of s~d Section 13, a dist~ee of 1323.18 fee: ~o a point;
N-89o-59'-21"-E, a distance of ~0.~ fee~ to a potn~; thence ~-0".27,.32-.E~ a
~s~ce of 500 re, t to a point on a curve, said point a~o being the westerly
rigb~ of way line of S~a~e Road ~o. 809 (Military ~ ~hence northeasterly
alcng said westerly right off way ~ne having a radius of 1960.08 fee~, concave
southeastemly ~hrough a central ~gle of 3e-~8,.~6-v a dist~ce of 130.~3 fee~
go end of said curve; Zhence N-~-56'-~9'E alon~ said westerly fish2 o~ way
line, a dlst~ce of 10A.6 fee~ to the poin~ of beginning; ~hence N-~oe-~6'.31sW~
a dtst~ce of 181.87 fee~ to a point on a cur~ said point also being the
southerly right 0f way line of a 66 foot wide Cowry road; thence nor~h-
easterly along said southerly righ= of way line, a dist~ce of 509 fee~,
or less_ ~o the.~ge~see}ion with the westerly rl t o wa line of
grabbers ha.c[ nmi ara{ thr ;lay ami year fiat .l~c ~itt~ql.
g,.d. seah, I m) J 'ret: i. ur pr
COUN~ OY Pa~ Beach
[ HEREBY CEtITI~ that on this day 1,4.re me. a. offic~.r d,,ly qimfifil~ to take ack ,(,wk~lgim, m,tm
~na L. Me.edith, a single w~an,
me that q., ex,~qit(,d the ~me. /{ '.. .
jAN-02'02 12:14 ~0~
Georgo W, Mathows IH
Kathryn M. lakabcin
Of Counsel to tho Firm
,]'anuaw 2, 2002
MATHEWS & JAKABCIN, P.A.
Attorneys at Law
Suite 104, Congress Center
1325 S. Congress Avenue
Boynton Beach, ~'lorida 33426'
Sent by Fax only
265,4611
8oynton Beach: (561 } 735-$,501
Boca Raton: (561) 39t-0995
Alt other areas: (800} 3B3-0112
Facsimile: ($61 } 73B-Z242
Beril Kruger, Land Planner
9 N.E. 16'~ Street
Delray Beach, FL 33~14
Re:
Christoptxer Rush
8305 S. Military Trail, Boyntoa Beach, FL
Tax Folio No.: 00.42-45-13-00-000-313 !
Dear Mr. Kruger:
Attached is the title stares report for the above referenced property. The only matter the surveyor_-
would need To address is the [-ight-of-way £or Military Trail. No other easements appear of record.
Please feel fi:ce to call should you have any questions or if I eon be of £u_nher assistance.
George W. Mathews III
Kathryn M. lakabcin
Of'Counsel to tho Firm
January 2, 2002
13413
MATHEWS & JAKABCIN,, P.A.
Attorneys at Law
Suite 104, Congress Center
1325 S. Congress Avenue
Boynton Beach, l~'lorida 33426'
Sent by Fax only
265-4611
1864
Boynton Beaah: (561) 738-550 !
Boas Raton: (561) 391-0995
,411 other ar~a~: (800} 383-0112
Facsimile: {561 ) 738-2242
Beril Kxu~er, Land Planner
9 N.B. 16 Street
Delray Beach, FL 33444
Christopher Rush
8305 S. Military Trail, Boynton Beach, FL
Tax Folio No.: 00,42-45-13-00-000-3131
Dear Mr. Kruger:
Attached is the title status report for the above referenced proper~y. The only matter the surveyor
would need to address is the i'ight-of-way for Military Trail. No other easements appear of record.
Please feel free to call should you have any questions or if ! can be of further assistance.
Very tml.~yoar~..._........
JAN-02'02 12:t4 F~OM-
George W. Mathews II1
Kathryn M. Jakabcln
Of Counsel to the Firm
BOOK 13413
MATHEWS & JAKABCIN, P.A.
Attorneys at £aw
Suite 104, Congress Center
1325 S. congress Avenue
Boynton Beach, Florida 33426
TITLE SEARCH REPORT
i:~GE 1865
Boymon Beach: {5611 738-5501
Boca Rotan: (5611 391~0995
~11 olher area~: (8001 383-0112
Fae~'imile: (561} 738-224:2
Legal Description:
A tract of land in the Southwest one-quarter (SW 1/41 of the Northwest
one-quarter (NW 1/41 of Section 13, Township 45 South, Range 42 East,
Palm Beach County, Florida, being more particularly described as follows:
Comme~ming at the West quarter comer of Section 13, Towr~hip 45 South
Range 42 East; thence North 0 degrees 27'10" West along the west line of
said Section 13, a distance of 1323.18 feet to a point; thence North 89
degrees 59'21" East, a distance of 440.54 feet to a point; thence South 0
degrees 27'32" East, a distance of 500 feet to a point on a curve, said point
also being tl~e westerly right of way line of State Road No. 809 (Military
Trail); tbenc~ northeasterly along said westerly right of way line having a
radius of 19(;0.08 feet, concave southeasterly through a central angle of 3
degrees 48'45", a distance of 130.43 feet to end of said curve; thence North
44 deg~ ecs 56'49" East along said ¢/esterly right of way line, a distance of
104.6 fi'~et to the Point of Beginning; thence North 40 degrees 46'31" West,
a distance of 181.87 feet to a point on a curve, said point also being the
~outherly fight of way line cfa 66 foot wide county road; thence
northeasterly along said southerly fight of way line, a distance 0f509 feet,
more or less, to the intersection with the westerly fight of way line of State
Road 809; thence South 44 degrees 56'4[}" West along said westerly right
of way line, a distance of 421.62 feet, more or less, to the Point of
Beginning.
LESS THE FOLLOWING RIGHT OF WAY:
A tract of land in thc Southwest one-quarter of tho Northwest one-quarter
of Section 13, Township 45 South, Range 42 East, Palm Beach County,
Florida, being more particularly described as follows:
Commence at the Northwest comer of the Southwest one-quarter of the
Northwest one-quarter of Section 13; thence Easterly along the North line
of said Section a distance of 440.00 feet, more or less, to a point; thence
South 00 degrees 27'33" East, a distance of 500 feet, more or less, to a
point inte~ sooting the Westerly Right-of-Way line of a 100 foot Right-of.
Way for State Road No. 809 (Military Trail) being a curve concave to the
Southeast having a radius of 1960.08 and a central angle of 03 degrees
49'09"; thence Northeasterly along the arc of said Westerly right-of-Way
line a distance of t30.06 feet to the end of said curve; thence North 44
degrees 56'49" East along said westerly right-of-way line, a distance of
104.61 feet to the Point of Beginning; thence North 44 degrees 56'49" East
a distance of 421.62 feet intersecting a point in a curve concave to the
JAN'02'02 12:1~[ ~RO~ B~ 13413
Southeast having a radius of 1008.74 feet; thence Southwesterly through a
central ~gle of 00 degrees 56'59" along the; arc of said curve a distance of
16.72 feet; thence South 44 degrees 56'49" West a distance of 416.94 feet;
thence South 40 degrees 46'3I" East a distance of 10.03 feet to the Point
of Beginning.
Owner:
.[oyce A. Kane, an unremaxried widow by virtue of Warranty Deed
recorded in O.P,.. Book 1747, Page 1109, of the Public Records of Palm
Beach County, Florida (and less above described portion of property by
virtue of Right-of-Way Warranty Deed in favor of Palm Beach County
recorded in O.R. Book 5906, Page' 1624, of the Public Records of Palm
Beach County, Florida..
Encumbrances:
Mortgage:
Easements,
Restrictions and
Reservations of
Record:
Given by Joyee A. Kane, an unremarried womau in favor of CTX
Mortgage Company, in the original principal amount of $93,750.00,
recorded in O.R. Book 7277, Page 205; Assignment of Mortgage in favor
of The Prudential Home Mortgage Compaay, Inc, recorded in O.P,.. Book
7340, Page 420; and Assignment of Mortgage in favor of First Trust
National Association, as Trustee, 1992-25, recorded in O.R. Book 7600,
Page 1294, all of the Public Records o£Palm Beach County, Florida;
Right of Way for State Road 809 (Military Trail) as now existing and in
Llse.
Effective Date: . This search is certified through November 21, 2001.
Geor/~e W. Mathew$ III, Esq.
D~ated: January 2, 2002