R02-043DUE TO A SCR'rVENER'S ERROR,
PROPOSED RESOLUTI'ON NO. R02-023 - RE: APPROVI'NG AN
AGREEMENT FOR WATER SERVTCE OUTSI'DE OF THE CTTY LTMI'TS AND
COVENANT FOR ANNEXATTON Wi'TH :POLO R.TDGE DEVELOPER~, LLC, FOR A
PARCEL OF LAND LOCATED ON THE WEST Si'DE OF STATE ROAD A1A,
APPROXI'MATELY 197 FEET NORTH OF SEA ROAD
AS ZT APPEARED ON THE CTTY COMMTSSZON AGENDA FOR
03/05/02
HAS BEEN CHANGED TO NUt4BER R02-043
RESOLUTION NO. R02- t~ ~
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 SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR
ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND POLO RIDGE DEVELOPER, LLC; AND
PROVIDING AN EFFECTIVE DATE.
WltEREAS, the subject parcel is approximately 1.025 acres and is located within the
of Boynton Beach Utilities service area, but outside the City Limits (the west side of
tate Road A1A, approximately 197 feet north of Sea Road) and currently contains two
buildings, which will eventually be replaced by 12 multi-family condominium
and
WHEREAS, this site is currently serviced for potable water only; but will require
water and sewer service when redeveloped to the proposed use; and
WItEREAS, City policy requires annexation of the property to be serviced at the
practicable time, as a condition of the granting of water services outside its
urisdictional limits; and
NOW, TltEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
a Water Service Agreement between the City of Boynton Beach, Florida and
>olo Ridge Developer, LLC., said Agreement being attached hereto and made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSEDAND ADOPTED this ~' day of March, 2002.
Commissioner
LLC
:- G~ard B., Church, P.E.
F~L]M; C~T~ oF 8~¥NTO~ BCH
FAX NO. : ~61 2665~20
~'~ NO. : 561'74~2~8
Rug. 01 2001 04:50PM P2
JillJlliJJllllli llllllltll
OR BK 13~51 ~ llll
Pal~ Beach County.~ Fto~idm
TRE CITY L!MITBAND COVENANT FOR2~XATION
FRO~ :' Gmral'd B./C~urp~, P.E. FAX NO. : 561 2669520
.-. r,~,um . tJ IF ,.'~ EUYNIUN BCN UTILITIES F~ N3. : 56t7426~_98
Aug. 01 2001 04:50PM P3
Aug. ~, D3~I 03~19PH PT
BOOK 13~51 ~ lll~
/"~ 2. The ~..~omer and the City he=eby agree th~ ~here a~
_~_.~__ Equivalent Residential Connec=ion~ which City shall s~rvice
en~ln~erlng, ~terla!, labor. ~n~:a!la=ion and !nspea~ion of =he
City.
re~lations of Bo~uon Beach.
5. Title ~o all mains, extensions and o=her facii£~ies
Church., P.E. F~q× NO~ : S6t 266~20
CiTer'OF ~¢,kfl"ON BCH IJT[L]T[E8 F~>r, NO. : 56[74~5298
Ru9. 8:[ 2001 04:51PM P4
BOOK 13551 PAGE
the City the ~ow~r and authority to execu=a am~ advanc~ on behalf
covenants ~ha= it ~hall cooperate with =~e C/tv and not rais~
o~=ion of the city a~ any time the property is e!Igfble Under
this coven~ an~ of ~h~ i~revocabi, e D~ial ~ower of a~to~ey, but
~he ~ower of atrophy refer~nee~ herein is to ~ recorded &n the
10, It is ~ee= =~t the City shall have ~o liabi!i=y in the
reg!ona!~ Etat~ or ~dsral a~enci~s or other a~encle~ ~aving
3
FRG¢'I :' G~afd B._ C¼urm¼, P.E. FA× NO. : ~61 2669520
F1~,t3M : CITY elf ~',"NTOH BCH IJTIL]TI~S F~M ~, : 5~t74h~
Iqug. 01 200_1. 04:52PN
¢4~e. 8:1. 2B9~. 05:28Pi'1 Pg.
binain~ on amy o~ the ~ar=iss hereto unless i~¢Drpora=e~ in this
Agreement. N~ ~_ificaticnS or chanqe ~n ~his ~g~eement.sha~! be
(CORPORAT~ NOTARIZATION)
FOR CORPO~J%TENOTg. RIZATiON~
STATE OF FLORIDA
) Ss:
COUNTY OF
I ~BY ~TI~ fha= on this day, before m~, an officer ~uly
(~,,acknowled~ b~fcre ~ =h~t he.he e~ecute~ =he same;
~cof of iden=i~&=a=ion: -- ... . -- ,
WITNESS my ~h~n~ and offi~a! ~eal in ~he Cuun=y and ~ate las=
Seal) ~~~~
iL=--'.?' t~ '~ MY COMMISSION ~ DO 060581
i1%~.~ EXPIRES: ~ovember 4 2~5
FROM ~'' G~a~d B.~' Chu~¢¼, P. E, FA× N0. : 561 2669520
FROH : CITY OF ~3¥NION BCH LJTIL_~TIES F~ N~. : 5617426298
¢tu9. 01 200/. 04:52PM
Rue. Ed. 290:1. B3;2~.PH
FLORIDA
of the City n~ms8 in th. fcrs¢oi~'' a~eem~t a~d t,~ they
~ev~=a~ly ac~l~d~e~ exe~u~in~ ~ame in t~ ~re~enc~ of
~sted in them ~ sai~ City and t~t the city seal affi~ thereuo
seal of said City.
WI~TESS my hand and official s~ai in ~he county an~ Stat~ last
a~oresald ~his /$ ~ ~aF of .~~.~
(~o~"'X
Seal~¢~,.~ Barbara M
Madden
~o'< ~ =~C0mmissi~ · CC 760467
Appr~ fo~:
WAT~RSRV, 1
Le~al Descrlp=i~m Approved:
P6
l
'FROM :' Ge'raid B~ C~:,u'r-ch~, P.E.
, ,~mU?l , U,L I ¥ U~' ~JYNIDN [(R UTfL]TIE,S
FRX NO. · 561 2669520
FR'~ NO, ; 55i7426298
Rug. 01 2001 04:47PM
P~
(By Individual s)
STATE OF FLORIDA ,
"~ran~ea.. ~r~ m~, c~n~titute, an~ a~oin~ ~ CI~ Og ~0~
=hs CITY OF ~0~0~ ~ ~ul~ an~ c~!~te ~uthoricy to act on
aa Z011owe:
'PROM :- ~G~aid B./'Chu~ph, P.E. FAX NO. : 561 2669520
FEOM ; CITY OF BDY~TON BCH UTiLITIeS F~× ;-~. : 56!742629~
R~9. 01 2001 04:48P~ P4
~u~. ~! 2~01 ~3:24PN P2
13551 PAGE 1~17
W~S~ ~ZOF, ~e h~ve h.era~no ~et
day ~f
~.. . Year
Witness ~ '
STATE OF FLORIDA
COUNTY O~ P_~/m~ a~AC~
in. = 194.6 feet
3960 N. Ocean Blvd.
JEFFREY L. COHEN*
JOSE L. LORENZO
TIMOTHY E. MONAGHAN
ELIZABETH L. STP, AWN
JOEL T. STKAWN
Of Counseh
TERRY MEEK*
*Board Certified in Health Care Law
STRAWN MONAGHAN& COHEN, P.A.
54 NORTHEAST FOURTH AVENUE
DELRAY BEACH, FLORIDA 33483
Attorneys and Counselors
TELEPHONE (561) 278-9400
TELECOPIER (561) 278-9462
Broward County Medical Association Building
5101 N.W. 21st Avenue, Suite 440
Ft. Lauderdale, Florida 33309
(954) 484-0016
P.O. Box 13441
Tallahassee, Florida 323 i7-3341
(904) 893-7821
February 5, 2002
Mr. Peter V. MazZella
City of Boynton Beach
BoyntOn Beach, FL
Re: Polo Ridge Condominium
Dear Mr. Mazzella:
In connection with the above described Petition for approval of the Agreement of
Water Service Outside the City Limits and Covenant for Annexation, you requested that
we conduct a title search and furnish you with the name of the record owner and an
itemization of all encumbrances on the following described property:
ALL OF THAT PART OF THE SOUTH 170 FEET OF THE
NORTH 2389 FEET OF GOVERNMENT LOT 2 OF SECTION
34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT
OF WAY LINE OF STATE ROAD A-l-A, LESS THE WEST 10
FEET THEREOF.
In conducting this search, we have relied on our examination of the 'title search
prepared by Attorneys' Title Insurance Fund, Inc. certified through February 4, 2002,, and
our liability is limited to the matters set forth in that search. Subject to the foregoing, our
opinion is as follows:
The record title holder of the property is: Polo Ridge Developer, LLC, a Florida
limited liability company
B. There are no encumbrances effecting the Property.
This opinion is furnished to you by us as counsel for Polo Ridge Developer, LLC,
a Florida Limited Liability Company, is solely for your benefit and is rendered solely in
connection with the transaction to which this opinion relates. This opinion may be relied
upon only in connection with this transaction and may not be relied upon by any other
person(s) without our prior written consent.
Very truly yours,
STRAWN MONAGHAN & COHEN P.A.
Joel L. Strawn, Esquire
Florida Bar No. 095581
JTS/arj
K:\JTS Files\JTSClients\Wietsma 88602\Polo Ridge~Zoning App\Title Opinion 2-5
2
02~1~/2002' 11:57 FA~ 5612747636 William Wletsma CompanF ~002
JOINT COMPANY ACTION BY
THE MEMBERS AND MANAGERS OF
POLO RIDGE DEVEL..OPER, L.L.C.
The undersigned, being the secretary of POLO RIDGE DEVELOPER, L.L.C., a
Florida limited liability company ("Company"), does hereby certify that all the manager and
members have waived all formal requirements, including the necessity of holding a formal
or informal meeting, and any requirements for notice; and have consented to 'the adoption
of the following resolutions, taking said action in lieu of a meeting of the Managers and
Members:
RESOLVED, that William Wietsma, the Manager of the Company is authorized,
empowered and directed in the name of and on behalf of the Company to execute
any documents required by any governmental authority or agency in connection
with obtaining building permits or zoning changes for the property described as
follows:
ALL OF THAT PART OF THE SOUTH 170 FEET OF THE NORTH 2389
FEET OF GOVERNMENT LOT 2 OF SECTION 34, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF
THE WEST RIGHT OF WAY LINE OF STATE ROAD A-l-A, LESS THE
WEST 10 FEET THEREOF.
and to take any and all actions necessary to conclude on behalf of the
Company, the transactions contemplated by said documents.
FURTHER RESOLVED, that the designated Manager is also authorized and
directed to execute all additional documents and to take all additional actions that
her may deem necessary or advisable to carry out and effectuate the purposes of
this resolution, all in such form as the Manager executing the same shall approve,
as evidenced conclusively by his execution thereof.
The actions contained herein shall be effective as of the .--~-'-'-' day of February,
2002.
FAX 5612747638 William Wletsma Company ~003
This document may be executed in counterparts, each of which may be deemed an
original, but all of which together, when filed in the Company's records, shall be deemed
one instrument.
IN WITNESS WHEREOF, the undersigned, being the secretary of
this Company, has hereunto set his hand and seal for these purposes..
J ~T. ~trawn, Secretary
Date: .¢-,/']//,'¢~'/¢¢ ~
2
POLO RIDGE CONDOMINIUM
3960 NORTH OCE~AN BOULEVARD
PALM BEACH COUNTY, FLORIDA
WILLIAM WIETSMA, Architect
Florida Licetas¢ Numkr AR-0014766
25 Sea~eze Av~nue~ S~ite 304
Office (56t) 2744863
Fax (561) 274-7636
LEGEND:
~ = CENTERL/NE
CONC = CONCRETE
WM = WA TER METER
C.A. = CENTRAL ANGLE
R. = RADIUS
C.B, = CHORD BEARING
+14.70 = ELEVATION BASED ON NATIONAL
GEODETIC VERTICAL DA TUM I929. SOURCE:
FALM BEACH COUNTY BENCH MARK "R-515"
NORTH LINE OF GOVERNMENT LOT 2
iS ASSUMED TO BEAR N:gO:'O0'O0'~-,
FL OOD ZONE: B & C
FOB. = POINT OF BEGINNING
O.R.B. = OFF/C/AL RECORD BOOK
P = PALM
C = CITRUS
M = MANGO
T = TREE (TYPE UNKNOWN,)
A : AVACADO
FG = FRANGAPANI
BO = BLACK OLIVE
NFP = NORFOLK ISLAND PINE
0 = OAK
BT = BANANA TREE
DESCRIPTION USED FOR SURVEY:
ALL OF THAT PART OF THE SOUTH 170 FEET OF THE NORTH 2389 FEET
OF GOVERNMENT LOT 2 OF SECTION 54, TOWNSHIP 45 SOUTH, RANGE 45
EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT
OF WA Y'LINE OF STATE ROAD A-l-A, LESS THE WEST 10 FEET THEREOF,
ALL OF THE NORTH 170 FEET OF THE FOLLOWING PROPERTY LYING WEST OF THE
-CENTERLiNF OF- S~'AFE ROAD A-l-A; BEC, INNING A?' THE POINT Or' INTERSFCTIOI,I OF
A LINE PARALLEL TO AND 2,.219 FEET SOUTH OF, MEASURED A T RIGHT ANGLES TQ
THE NORTH LINE OF GOVERNMENT LOT 2, OF SECTION ,34, TOWNSHIP 45 SOUTH,
RANGE 4,3 EAST, WITH THE WEST LINE OF SAID GOVERNMENT LOT 2; THENCE
EASTERLY PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT 2 TO THE WA TERS
OF THE ATLANTIC OCEAN; THENCE SOUTHERLY ALONG THE WA TERS OF THE ATLANTIC
OCEAN, A DISTANCE OF ,355 FEET, MORE OR LESS TO THE SOUTH LINE OF SAIO
GOVERNMENT 2; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID GOVERNMENT
LOT 2, TO THE SOUTWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WEST
LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF ,365 FEET, MORE OR LESS TO
THE POINT OF BEGINNING, AND THE FOLLOWING DESCRIBED PARCEL TO-WIT:
BEGINNING A T A POINT, IN A LINE PARALLEL TO AND 2,389 FEET SOUTH OF (MEASURED
A T RIGHT ANGLES TO) THE SAID NORTH LINE OF GOVERNMENT LOT 2, SECTION ,34,
TOWNSHIP #5 SOUTH, RANGE 4,3 EAST, PALM BEACH COUNTY, FLORIDA, A T A DISTANCE
OF 148.4,5 FEET EAST OF (MEASURED ALONG SAID PARALLEL LINE,) THE WEST LINE OF
SAID GOVERNMENT LOT £; THENCE NORTH A T RIGHT ANGLES, A DISTANCE OF 129.21 FEET,
MORE OR LESS, TO A POINT IN THE WESTERLY RIGHT OF WA Y LINE OF STATE ROAD A-I-A
AS NOW LAID OUT AND IN USE; THENCE SOUTH ALONG SAID RIGHT OF WA Y LINE, A DISTANCE
OF 61.,32 FEET, MORE OR LESS, TO A POINT IN SAID PARALLEL LINE; THENCE WEST ALONG
SAID PARALLEL LINE, A DISTANCE OF 12Z98 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
INC.
MAP OF
BOUNDARY SURVEY
! H£REBY CERTIFY THAT THIS SURVEY WAS MADE UNOER MY RESPONSIBLE CHARGE
AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARO OF PROFESSIONAL SURVEYORS ANO MAPPERS IN CHAPTER 61G~7-6, FLORDA
AOX!IRIS TRA TIV£ CODE, PURSUANT TO SEC TION 4 72.02 7, FL-ORIOA S TA TUT~_S.
PAUL O. ~V~E~ V ~
SURVEYOR ARQ'MAPPER ~5708
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
O'BRIEN, SUl TER & O'BRIEN, INC.
LAND SURVEYORS
CERTIFIOA TE OF AUTHORIZATION iftLB$53
SURVEYOR AND I~IAPPER IN RESPONSIBLE CHARGE: PAUL O. ENGLE
2601 NORTH FEDERAL HIGHWAY, DELRA Y BEACH, FLORIDA 33483
(56t) 276-4501 752-5279 FAX 276-2390
oA~ oF s~vEy I~SED: 8/7/0~ - A~T~NAL ~E ~ $CAL[,
JUL Y 19, 2001 J~AT~N ~ : 20'
BOOK 13551 PAGE
13551
PAGE 1t23
CERTIFIED TO:
ATTORNEYS' ~E INSURAI
HACKNEY ~ MILLER, AA.
THEODORE CARTAL, INC.
t N. gO°OO'OO"E.
NORTH LAtE GOVERNMENT 2
GOVERNMENT 2
- CLUSTER OF
15~
+17.4
NOTE: AUSTRALIAN PINE ~
ALONG NORTH, SOUTH AND PEST
PROPERTY LINES NOT LOC/TED
+lZ17
17,17
~29.-'~- DEED
FOUND #"X4"
CONC
(~o ~UVBER)
WALL---~"
,
+~.J
+16.4
r~'°.B' ~
,,.L ; +~.4
266. 4 7' '"-SOLS
S.90°00'00"1~
+16.1
+16.90
BOOK 13551
CONO WALK (PLANTERS MOT LOOA TED)
I S TOR Y BUlL DING
FLAG STONR WALK MOT LOCA TED
+lT, g ~£Z98'~ DEED
+~$.8
C O VE~
PA VNG
FLO0~
+17.~9
+15,8
+~$.5
+15.17
FOUNO NAIL AND
· ASHER N ROCK
(NO ~E~)
O 0 VERNMEN T 2
.~., SEA ROAD
~,. +21. J
+18.1
~0' DIAMETER
· lZ 4
WELL
0
~o~
+21.
12"B0~)~
20t=~
8"BO~
148.45',DEED i +18.0
OVERHEAD UT'I./TY L~VES (TYPICAL,)
+14.2
+15.3
CORNER
VERNMENT LOT 2_
iSOUTH LCv'E OF GOVETbVMENT LOT 2
(~) COPYRIGHT 2001 O'BRIEN, SUIT£R & O'BRIEN, INC.
MEMORANDUM
TO:
FROM:
DATE;
RE:
PETE MAZZELLA, ASST. TO THE DIRECTOR
UTILITIES DEPARTMENT
JANET M. PRAINITO, CITY CLERK~~
LJ '
APRIL 25, 2002
POLO RIDGE DEVELOPER, LLC
Attached please find a copy of the above mentioned water service agreement
that was recorded in Palm Beach County on March 28, 2002 for your information
and files.
C;
Planning
Development
CitiZen Services
mas
\\ch\main\shrdata\cc\wp\memos\mazzella.doc