R04-031RESOLUTION NO. R04- 0 3/'
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City Limits, but within our
and sewer service area, for the property located at 1057 Highview Road, Lantana,
(Lots Lot 211, Ridge Grove Addition 1); and
WHEREAS, the subject parcel is a single family home located in the San
idge Grove project area; and
WHEREAS, only potable water is available for connection to the property at this
due to recent water main improvements constructed by Palm Beach County as part of a
~eighborhood improvement project;
WHEREAS, City policy requires annexation of the property to be serviced at the
:arliest practicable time, as a condition of the granting of water services outside its
jurisdictional limits; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
~ereof.
Section 2. The City Manager is hereby authorized and directed to execute a Water
Agreement between the City of Boynton Beach, Florida and Palm Beach County,
tgreements\Water ServicekPB County Water Service Agr. doc
Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this / ~ day of March, 2004.
CITY OF BOYNTON BEACH, FLORIDA
Comm, ss,one~- ~~
Clerk
:\CA\RESOXAgreements\Water Service~PB County Water Service Agr.doc
Tills [IISTRUNENT PRE:PJLR£D BY:
,/amen A- Chez~ot. E:sq~Jtre
Goren Chero{. Oood'!& E:rol, P.A.
)09~ Eaot C~emerctJl Bou).evard
Sutte 200
For'- Lauderdale, Florzda ]))fin
1)ffice of the City Clerlr '
City of Boynton Beach
P. O. Box 310
'~¥F, tOH Beach, Florida 33421
R2OOA- '01-0 0
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
(Governmental Entities)
fHIS AGREEMENT made on this /~ day of
200_~, by and between PALM BEACH COUNTY '
here%nafter called the "~u~7 and the ~ITY
a municipal corporation of the State of Florida,
called the "City".
OF BOYNTO~; BEACH,
hereinafter
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 Bo~nton
Beach, Florida provide water service .to the property owned by
Customer; and
~ER~S, the City of Boynton Beach has the ability to provide
water service to Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which
conditions the grant of water services outside of i~s
jurisdictional limits on annexation of the property to be serviced
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 the
mutual covenants expressed herein, the City of Boynton Beach and
the Customer, its heirs, successors and assigns, agree as follows:
1. The City agrees ~o provide Customer with water service
from its Municipal Water System to service the real property
described in Exhibit A and which Customer represents is owned by
Customer:
2. The Customer and the City hereby agree that there are
1 Equivalent Residential Connections which City shall service.
1
3. The Customer agrees to pay all costs and fees of
engineering, material, labor, installation and inspection of the
facilities as required by the City of Boyn~on Beach Code of
Ordinances or Land Development regulations to provide service to
the 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.
4. 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 Boy-nton 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 a~l 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 from 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 the 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 ackncwledges that the
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
all subsequent transferees, 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
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, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties
or other circumstances beyond the City's reasonable control.
11. Customer agrees to be fully responsible as set forth in
Section 768.28, Florida Statutes, for its own negligent acts or
omissions or tortuous acts which result in liens or claims against
the Department, and shall be liable to· the limits set forth in
Section 768.28, Florida Statutes, for any damage proximately
caused by said acts and omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by the Customer to any
claims to which sovereign immunity applies. Nothing herein shall
be construed as consent to be sued by third parties in any matter
arising out of this Permit.
12. 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 WITNESS WHEREOF, the parties hereto have set their hands
and seals this day of /AN 13 ~ , 20
fO..-"' _ D ..~_~[HY H. WILKEN, CLERK
~'~-./..'2-~ BE"~~iCounty Commissioners CUSTO,~r.R (~ AS O~,~JER (S)
~~SS: .~I~] ~ ]~ ,. . ,'~-~, · :
~ ~ COUN~~ · ~_~-~ J / ~ _
,,, ,- .... '.~ .
~i~'~o own~e.ut., Clerk (~in~ame and ti:le)
Board of County Co~Sss~oners
~~ to owner) ~,~ ~~~ (Print name and title)
(As tb ~PRO~D AS TO~O~/AND TO LEGAL SUFFICIENC~
Audrey Wolf, Director FD&O ~
~S S i~nt 'COu~ty~t ~ne7
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 appearedto me known~--~-~----~~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 was personally known to mg or provided the following
proof of identification: ~/~ '
WITNESS my hand and official seal in the County and State
last aforesaid this day of lAN ~ 2~0~ , 20 .
(Notary S,,~..'..~.,,:: Gloria Madison
~'~..':%_ Commission #DD251037
%~. ~0::~;_= Expires: Oct 19, 2007
'"',"" Atlantic Bonding Co., Inc.
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
4
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 211, o[ Ridge Grove Addition No.1, according to the Plat thereof, as
recorded in Plat Book 22, at Page 43, of the Public Records of Palm Beach
County, Florida.
PCN: 00-43-45-09-09-000-2110
1 in. = 106.4 feet
O6
Location Map- Exhibit "A"
THIS INSTRUMENT PREPARED
James A. Cherot,
Josias & Goren, P.A.
3099 Easl Commercial Blvd.
Susie
FI. Laude~dale. FL 33308
Office ut me City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida
R200z "' 0100
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I/We, _PALM _B_EACH COUNTY 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 hame, 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:
SEE ATTACHED EXHIBIT "A"
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
JAil '! 3 ~ , 20 and the powers and authority shall be
Grantee.
day of
irrevocable by
IN WITNESS WHEREOF, we have hereunto set our hands and seals the
day of .fAll ! 3 N04 , in the year two thousand and
Sealed and delivered in the presence of /
DOROTHY H..~_.t.k,I&F~I,,,~£ERK
Board of Cour~cTrrYmi~i~mers ~ ~-~
W,tness D~.c~,u:ty t~l~rk '.-~' ;, P~int~ame
~O/ ~ '~ ;¢~ ~AREN T. ~CUS, C~IR
;; : COUNTY
~,t Board of County Co~issioners
~mess ~% ~'.. ~om~o~
Witness A;g:~y Wolf, D,rector
Witness
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of
THE FOREGOING INSTRUMENT was acknowledged before me this j,~ ~_~ ~ , 20 ,
,,~'.~).;?~,: Gloria Madison
=-",~;~ -. ~ Commission #DD251037
:.~x.. '~:~o~ Expires: Oct 19, 2007
'""'" Atl~tic Bonding Co., Inc.
My Commission Expires:
POA.IND
day
by Knran T_ Mn~A~] and
, who are known to me or who have produced
, as identification and who did/did not take an oath.
NOTARY PUBLIC
Type or Print Name
Commission No.
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 tak~h acknowledgrn, ents,.~,~,rsonally
appeared -"~'-~l~r~ "~-ft/or- , Mayor and ~n/e~ ~__~/~/~,.' ,
City Clerk respecfl'vely, '~f the City 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 true corporate seal of
said City.
~,~,WITNESS my hand ~nd official seal in t~h~e County and State last aforesaid this
//" day of ~_~/'_~/~ ,200ZT
(Notary Seal,.) ...........
Approved as to form:
Attorne'y J' '
Notary Public
Legal Description Approved:
JAC/Ims
900182
12/12/95. rev
WATERSRV. 1
Palm Beach County Property Appraiser Property Search System Page 1 of 2
Property Information
Gary R. Nikolits, CFA
Palm Beach County Property Appraiser
Public Access System
Location Address: 1057 HIGHVIEVV RD
Municipality: COUNTY OF PALM BEACH
Parcel Control Number: 00-43-45-09-09-000-2110
Subdivision: RIDGE GROVE ADD I IN
Official Records Book: 15561 Page: 1351
Legal Description: RIDGE GROVE ADD NO 1 LT 211
Sale Date: Jul-2003
iOwner
Information
Name: PALM BEACH COUNTY
Mailing Address: 3323 BELVEDERE RD BLDG 503
WEST PALM BEACH FL 33406 1548
-2003 Certified Appraisal
Improvement Value: $29,893 Number of Units: 1
Land Value: $11,520 * Total Sq. Ft: 788
Market Value: $41,413 Acres: .00
Use Code: 0100 Description: SINGLE FAMILY
· in residential properties may indicate living area,
Structural,., I
Extra_.
[ Land.,.
-2003 Certified Tax
Ad Valorem: $809.66
Non ad valorem: $192.00
Total: $1,001.66
catcutator!
Detail... ]
-2003 Certified Assessed & Taxable Values
Assessed Value: $41,413
Exemption amount: $0 (2003 Exemption)
Taxable: $41,413
-Sales Information
Exemption Information Unavailable.
Sales D~_te Book P~ge Price !pstr~!_m~n~
Jul-2003 15561 1351 $53,000 WE)
Jun-2001 12704 505 $32,500 WD
Nov-1999 11471 1310 $22,500 VVD
Ma~1998 10295 1930 $100 WD
Ma~1994 08161 1270 $32,500 WD
Ma~1986 04828 0381 $100 LE
Jan-1975 02401 0828 $13,500 00
Owner
PALM BEACH COUNTY
CHAMPION INVEST
LICHTENBERGER DANIEL
ADAMS MELVIN A JR
Print Information
http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=O0434509... 2/18/2004
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 211. of Ridge Grove Addition No.1, according to the Plat thereof, as
recorded in Plat Book 22, at Page 43, of the Public Records of Palm Beach
County, Florida.
PCN: 00_43-45-09-09-000-2110
STATE OF FLORIDA. COUNTY OF PALM BEACH
I, DOROTHY H. WILKEN. ex-officio Clerk of the
Board of County Commissioners cedify this to be a
true and co rre,.ct copy of the original filed in.my office
o~ ~ a,,,..-~,,, I~. A.~)~ .
Be~ch,
F'L
DATED at Palm o, ~..U.'~,~.,.
DOROTHY I.;L WILKEN Clerk _
By: , ~--4~ D.c.