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R04-1021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R04o I ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF 'BOYNTON BEACH AND JERRY L. DARR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our rater and sewer service area, for the property located at 1209 Highland Raod, Lantana, qorida (Ridge Grove W 1/2 of LT 82 and LT 83); and WHEREAS, the parcel covered by this agreement contains a single-family home, and tre located in the San Castle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this ime due to recent water main improvements constructed by Palm Beach County as part of a xeighborhood 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 jrisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as ,eing 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 :ervice Agreement between the City of Boynton Beach, Florida and Jerry L. Darr, Trustee, :\CALRESO'~A~eements\Water Service'ff)arr Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this __ day of ,200 , by and between T.r~ir r-~ j... DcZ f'/"- hereinafter called the "Customer", and th~ CITY OF B~TON 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 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 its 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, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Oustomer with water service from its Municipal Water System to service the real property described hs follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ ¢ Equivalent Residential Connections which City shall service. ' 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 Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confom~ance 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 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 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 i~evocable special power of attorney, but Ct~omefs 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 the consideration of initially connecting to ge. 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. 2 9. Annexation is intended to be and is hereby made a covenant mnixing with the land described in paragraph I 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 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 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 reasonabIe 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) from 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 Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 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, 13. property which is the subject of this Agreement. : . IN W1TNESS WHEREOF,.the parties hereto have set their hands and seals this ..... , -- The Customer wan-ants to the City that Customer holds legal and beneficial title to the WITNESS: Witness Signature Printed Witness Name b~itness Signature Printed Witness Name INDIVIDUAL(S) AS OWNER(S): //owner Signat e ' ffrinted Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Wimess 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 afore~_said and in ,the C~unty aforesaid to take acknowledgments, personally appeared .~_~ ~ t'-,~ ,L._. L)~ F/~' t° me known to be the person(s) described in and who executed the foregoing instrument that he/Om acknowledged before me that he./sh~ executed the same; that the md~wdual~ _ e. ...... ~ .......... or promded the followingproofofidenfificafion: ,]CZ F- ~-.:'e~ ~ D (oOt%- .-~,.~9- ~Y-.-/,:3/-..- ~ WITNESS my hand and ofl~cial seal in the County and State last aforesaid this c~.~>/day of ~ "~$1~' I~PIRES:~ndnr~8.21)05 WITNESS: -Notary Pubfl'c ~ or~rt [~"' ~.~-~t~/~ ~/ CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City~Clerk 4 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 , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing wimesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ ,200 . dayo( (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: Jo~ias & Gomn, P.A. IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLO~ID~ COUNTY OF / ',~f~t', ~-J~/'"~'~ ,~-- ~) ~ ('-'/'-' , 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. follows: The real property which is the subject of this power is described as The powers and autho~ of my attorney, THE CITY OF 'BOYNTON BEACH, FLORIDA, shall commence and bo in full fomo and effc~t on tho ~day of ~)~ .~ , 20~and the powers and authority shall be irrevocable by. Grantee. " day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ -~Y~ , in the year two thousand and~ ~/~". Sealed and de~vered in the presence of Witness Signature Printed Witness Name {/~itness ig ute Printed Wi~s Name Owner/Signature Printed-(~ner N~me Witness Signature Pdnted Witness Name Owner Signature Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ~T...HE FOREGOING INSTIRUMEN-/_was acknowledged before me this . of . '~ ~ ; 20~ ~, by.-'~-~'/'~/'-~ ',L.~, ~)c~ r" '-- ?) ' '- , .":..~'-.c"" ~'~-'----'-. ~.:',,,~. ar who have -[~L_ ~r'./_;c.~kl=~'~; ~-~_ ~'_~oT-~;)'-r as identification and who did/did not-take a.n oath. NOTA'I~' P?BLI.C~,.~-, /. /~,,'' - My CommissiOn ExpireS:. POA. IND Type or Print Name Palm Beach County Property Appraiser Property Search System Page 1 of 2 - Property Information Gary R. Nikoltts, CFA Palm Beach County Property Appraiser Public Access System Location Address: 1209 HIGHLAND RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-08-000-0821 Subdivision: RIDGE GROVE IN Official Records Book: 09652 Page: 0770 Sale Date: Feb-1997 Legal Description: RIDGE GROVE W 1/2 OF LT 82 & LT 83 - Owner Information Name: DARR JERRY L Mailing Address: 1209 HIGHLAND RD LAKE VVORTH FL 33462 6115 2003 Certified Appraisal Improvement Value: Land Value: Market Value: Use Code: $43,328 Number of Units: 1 $15,360 * Total Sq. Ft: 1086 $58.688 Acres: .00 0100 Description: SINGLE FAMILY * in residential properties may indicate living area. ~2003 Certified Tax Ad Valorem: $278.21 Non ad valorem: $192.00 Total: $470.21 -2003 Certified Assessed & Taxable Values Assessed Value: $39,728 Exemption amount: $25,500 (2003 Exemption) Taxable: $14,228 - 2004 Exemption(s) Regular Homestead: Other: TOTAL: $25,000 ~00 (V~DOWER) -Sales Information Sales Date Book Page Price Instrument Owner Feb-1997 09652 0770 $36,000 WO Nov -1995 09048 1428 $100 QC Nov-1995 09046 1430 $17,500 WD DARR JERRY L Print Information 1 ~ ttp: / /w w w~ c~ ~a~ m~b eac h~fl ~ u s/ ~ap a/m ai n/ d ~tai ~-i nf ~ asp ? ~-en ~ ty---~ ~ 4 3 4 5 ~9~ 8 ~ 8 21 5/28/2O04 ~0 I in. = 121.2 feet 0300 0250 0170 0180 0190 0210 0232 0220 0231 0040 0050 0060 0070 0080 0100 0110 0120 0092 0091 nd - i 12480 2460 ~450!44(~ 2420 ~ ' 1870 189(~ 1900 1920 1950 191 23 ~0 1196( · 07;'1 · HIGHLANI 0990 0910 0930 09~;0 0140 0150 0130 0140 0160 1180 1160 0150 0170 1220 1250 1280 1311 0160 0170 0180 1510 1490 Location Map- Exhibit "A"