R07-019
1 RESOLUTION NO. R07- OICJ
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND MARIO DORAN;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1112 Seagrape Road, Lake Worth, Florida
14 (Hypoluxo Ridge Add No 2, Lot 52); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Mario Doran, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA \RESO\Agreements\Water Service\Doran Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of February, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Attest:
.fl~
S:\CA\RESO\Agreements\Water Service\Doran Water Service Agreement.doc
r 1II1 1111111 III i! 11111111111111111111111111111111111111
THIS INSTRUMENT PREPARED BY:
Jame" A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
C F N 2 C 0 7 00 ':;11 '/ J 1
OR BK 21443 PG 0911
RECORDED 02/23/2007 12:00:47
Palm Beach County, Florida
Sharon R. Bock, CLERK & COMPTROLLER
Pgs 0911 - 919; (9pgs)
R07-01'1
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
/ ~~IS AGREEMENT. mll.odee on this ~ day of -~li..n I J.{) r L(-, 2002, by and between
L_:LQ1/b (.}. ~.eA-/)/ hereinafter calted the "~tomer", 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 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 ofthe 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 A 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 conformance with all codes, rules amJregulations
applicable to the installation and maintenance of water service lines upon the Custon1ef'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 ofthe 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 ofthe 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 shan 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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, 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
S:\CA\AGMTS\Waler Service\Waler Service Agreemeill- Rev J-6-06.doc
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prohibitions, restrictions, limitations orrequirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shan 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.
II. 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 an 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. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Waler Service\Waler Service Agreemenl- Rev 1-6"{)6.doc
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXA TI ON BETWEEN THE CITY OF BOYNTON BEACH AND
)11a Ii 0 G, .LJo ra tV (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals thisdtd day of
Jt1HlAArf ,200.2.
WITNESS:
X ~ C~'(.it
Wifn~s Signatur~
~ ~ A.e l'.....( ~ i~u(J L
rinted Witness Name .
~ V --J,,,,, '" IkcQ~
Itness1Slgnature \
a.. I (
rinted Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
FOR lNDIVIDUAL(S) NOTARIZATION:
STATE OF rl" r~dtL )
, ) ss:
COUNTY OF Pa. (~,\.<< t'CI(~ )
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
ir{\CIII . 0 (;.. f)" r a rJ to me known to be the person( s) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individu~l was personally known_ to me or provided the following proof of
identification: F /'; (j tfev 7J L. D r;5 0'- ~ff7-6/- 2bZ-o.
__WITNESS my hand and official seal in the County and State last aforesaid this~J day of
J v..~tAa.rV ,200+.
I
(Notary Seal)
~d~~
Notary Public
f........................8...................
M C .. .. SUSAN COLLINS :
y ommlSSlon eXPltera' ComInIDD0295085 i
: ~ ExpiIW 31112008 :
E \~.lj Bonded tIvu (800)432-425':
. ..,;J:Off',: '\~ F. N A - -. I
: ""N'II1\\\\ lon'1a otary ~ ' ' ,
'.....t.!'...II........II...............
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
{VI c.. t" 0 C'. 0 () r~ I'\. (INSERT NAME)
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
a Florida icipal corporation
Kurt Bressner, City Manager
Approved as to form:
~~~
As'" c;it ttorney
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 ackno ledgments, personally
appeared ~ ftu 44')l.P.lLJ , City Manager and ~
City Clerk respectively, of the City named in the foregoin 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 and official seal in the County and State last aforesaid this J J.j ~ day of
3..fJM.I-l.D/LLc} ,20ifl. . r
(Notary Seal) '1l21&.U'L m t-a~tr
Notary Public
My commission expires:
".U"" -- ~--
~I'~' .-v.t-. VALOiilE MOATS
?{ ':-1 i\'Y C?~:'lIC' "', 1)0346198
~'. ':,f..! EXPlh(. '7 2008
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S:\CA\AGMTS\Water Service\Waler Service Agreement - Rev 1-6-06.doc
. ... VAI..ORle MOATS
:1 MY COMMISSION II DO 346198
.....1t-V EXPIRES: September 17, 2008
Hf..t:I. Bonded Thro NolIIy Public uncI!lIwriIeq
...
1 in. = 69.5 feet
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Location - 1112 Seagrape Rd
THIS INSTRUMENT PREPARED BY:
James A Cheml, Esquire
Goren, Cheraf, Doody and Ezrol. P.A.
3099 East Commercial Blvd.
Suite 200
FI. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~tt( hA ~-ea c /,
I/We, /1;'1 Q r /0 G-.D 0 r c:t. rJ
, 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 descnOed 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:
PCNNo.: OO-Lf3-%- o1'-/Y-Om-O S'2()
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~nd. day of
~
J a. "'-lA-" or; , 20 fl- and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals th~tttl day of
-:J/€ l-\(,( tl r Y , in the year 200'7
I
Sealed and delivered in the presence of
X .1 h.L"'-' (J,wNk.
~~S]gnature_ . d
L JAerVl Llr;(~ Z
,
Print Name Print Name
X VJYt\~ \'L,~ /~~
Witne~ Signature .. \ \
..,(\1 eJ \tV) c\ V\\ \ LJ e '\"
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this;( tri. day of
-.Ja h (..out r V, 20 01, by n1A r" 0 6- . 1)0 (a tJ and
r - , who are known to me or who have produced
Pic {iJp... lJ.L. , as identification and who did/did not take an oath.
,-~yt1t~.,,- ~.A:1 '/
NOTARY PUBLIC I
;j r/J14f11 C61;' hI
Type or Print Name
r..........SUSAN-c'ci.uNa~
: """;~1 CoMIIllJllao~
: ~~~~\ --....
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: ......,2:RfI~\\,~ FIonda ..... --,..1nC i
':i..... ~. .....................0...............
Commission No.
:]- /- Z 0 cuj
My Commission Expires:
S:\CA\AGMfS\Water Servicellower of atty. doc - )-6-()6
H:\I990\900 182.BB\AGMlIPower of Attomey-Ind ] -3().{)6.doc
Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 1112 SEAGRAPE RD
~ki.,~mLMD'1r:",,1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-14-000-0520
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 09029 Page: 0682
~escriDtion: HYPOLUXO RIDGE ADD 2 LOT 52
Sale Date: Nov-1995
Owner Information
Name: DORAN MARIO
!111~e._l
Mailing Address: 1112 SEAGRAPE RD
LAKE WORTH FL 33462 596 7
Sales Information
Sales Date Book/Page
Noy-1995
09029L.Q682
Price Sale TYDe
$82,000 WA RRANTY DEED
Owner
Exemptions
Regular Homestead: $25,000
Year of Exemption: 2006
Total: $25,000
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2006
168,817
41,951
$210,768
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2476
\,Jse Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
2006 2005 2004
$102,146 81,621 $79,244
$25,000 25,000 $25,000
$77,146 56 621 $54.244
1F1W8Y~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
200~ 2005 2004
$1,408 $1,079 $1,058
$264 $243 $191
$1,672 $1,322 $1,249
.~J
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