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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