R06-004
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RESOLUTION NO. R06- 00'-1
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 NANCY E. FARRELL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
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water and sewer service area, located at 1214 Peak Road, Lantana, Florida (Ridge Grove Add
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No. I, Lot 245); and
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WHEREAS, the parcel covered by this agreement will include a single-family home
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in San Castle/Ridge Grove project which only potable water is available for connection at this
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time; and
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WHEREAS, a water distribution main has recently been completed on this street
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allowing for the service to this parcel; and
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WHEREAS, no additional construction will be required by the City to serve this
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property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
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Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Nancy
S:\CA\RESO\Agreements\Water Service\Farre11 Water Service Agreement.doc
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1 E. Farrell, which Agreement is attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of January, 2006.
Attest:
CITY OF BOYNTON BEACH, FLORIDA
---
S:\CA\RESO\Agreements\Water Service\Farrell Water Service Agreement.doc
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THIS INSTRUMENT PREPAREDI3Y: '
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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RE:OIl DEE, ,,)1/ 1:: 001!6 t '5: Q~'" tE,
Pal. BeHGh Co JIlt:y" Flori eta
5har,) n 1':. Boe <" CLEi~K & Clill1prROLLER
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AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY UMITS AND COVENANT FOR ANNEXATION
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~I ^ . THIS AGREEMENT made on this i.i!...- day of ~/JU;l.a::l' " ' 200L_, ,~y and between
IV .t,. ., '_ i r: h," it'll hefemafter c eel the Customer, and the CITY
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 Cily 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 servi(;e 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 Jirnits 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 Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ..L.J 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 oJ
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.
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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 bave 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 ~d 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 acknowledges 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.
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9. 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 Pahn 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 tennination in water service to be provided under this Agreement due to any
prolnbitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or
other agencies havingjurisdiction over such matters.. Also, the City shall have no liability in the event
there is a reduction, impairment or t ennin at ion 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. The Customer hereby agrees to indemnify, defend and hold hannless 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 orin 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 shaD be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
-XN WITNESS WHEREOF, the parties hereto have set their hands and seals t~nJ- day of
ueCeM.bpr ,200,~
WITNESS:
7~1~ J /rJ ~l')tJ
Witness Signature -
L !rp rf 'G/{tllJ.ts
Printed Witness Name
lNDTVlDUAL(S) AS OWNER(S):
)(~ E .~
Owner ignature
x./U IYlJcy €, F II t:-~E~
Printed Owner Name
t/l~Vi
Witness Signature
(\vol ~~
Printed Witness Name
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Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness 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 Cou ty aforesaid to take acknowledgments, personally appeared
it J1 C, t::: Pa.. r to me known to be the
person(s) escribed 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 me or provided the
following proof of identification: F / (; 'I 'd t).... j), L .
WI1NESS my hand and official seal in the County and State last aforesaid this ~ 1>-~ day of
7J~ ( e I1Aber ,2005
(N of ary Seal),.............................................
: SUSAN COlLINS :
: _ CornrnID00295085:
i - ~ ExpiIw 3/112008 ~
i. Bonded lhN (800)432-4254~
: ~,,= FIaricla NotaIy Assn., Inc :
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Notary Public
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~OYNTON BEAOI, FLORIDA
t~
urt Bressner, City Manager
~ CJ OlUf -8{u. ~lfilJfVlMt
ATTEST:
~'m.
· City Oerk
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STATE OF FLORIDA )
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 a~ in ~he Coun~ aforesaid to ta~ acknowled~ts, ,personally ~ppeared
Kcu..t-D te;<;uA , CltyManager and Jo..~16-t In - -rrctCf) lto ,CltyClerk
respectively, of the City named in the foregoing agr~ement 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.
=Y ^ WITN~, my hand and ojficial seal in the County and State last aforesaid this 161t"--'dayof
lA..C\ _' 200 J.p
. -
(Notary Seal) ~ 14-" ~M
Notary Public a-
Approved as to form:
DiRniL
City Attorney
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~ oFf,,;I
Notary Public Stale of Florida
Carol A Mahoney
My CommISSion D0460414
Expires 08/1012009
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Palm Beach County Property Appraiser Property Search System
Page 1 of 1
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Property Information
Location Address: 1214 PEAK RD
1~~'4@Wjr~~';_~;l1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2450
Subdivision: RIDGE GROVE ADD IIN
Official Records Book: 06203 Page: 1531
LeQal Description: RIDGE GROVE ADD NO 1 LT 245
Sale Date: Sep-1989
Owner Information
Name: FARRELL NANCY E
1,;i*~~1
Mailing Address: 1214 PEAK RD
LAKE WORTH FL 33462 592 6
Sales Information
Sales Date Book/Page
Sep-1989
06203/1531
Price Sale Type
$40,000 WA RRANTY DEED
Owner
Jan-1975
02482/1086
$22,300 WA RRANTY DEED
Exemptions
Regular Homestead: $25,000
Year of Exemption: 2006
Total: $25,000
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2005 2004 2003
$7,516 44,97 43,108
$23,323 12,815 11,520
$30,839 57,787 54,628
Tax Year 2005
Number of Units: 1
*Total Square Feet: 1152
Description: RESIDENTIAL
* in residential properties may indicate living area.
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ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $30,839 $37,329 36,633 I~~'
Exemption Amount: US 000 $25,000 25 000
Taxable Value: $5 839 $12,329 11,633
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005 2004 2003
~ 111 ! 240 227
243 ~191 ~192
354 431 ~419
~.f "nwintl~J 1!b14$J'ji#._+~1
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http://www.co.palm-beach.f1.us/papal aspxlweb/ detail_info .aspx?p _ entity=004 34 5 0909000... 12/2/2005
THIS INSTRUMENT PREPARED BY
James A. Cherol, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF fe/~ tea c~
l/We, N.tlYlCY E. h rre( I . 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 ann~xation by any
available means. The real property which is the subject of this power is described as
follows:
()O~ Lf3 - 'IS ~ 09-1)9'- cJ (}tJ--2~S" ()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the :x rvI day of
-!:ere lvJ;er , 20 tJ> and the powers and authority shall be irrevocable by
Grantee.
...
.
1 in. = 74..7 feet
070 06 05 3030 02 3000 2980 2960
2490
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2530
2560
60 61 2620
80 2460
2420
2380
2360 2340
1870
1900 1920 1931 95 96 97 98 99 00
60 85 84 83 82 81 1791 1780 77 76 75 74 73 72
86 85 84 0821 0810 0791 0771 0760 75 0730
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Location Map - 1214 Peak Rd