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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