R07-051
11
1 RESOLUTION NO. R07- 051
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 ANTHONY AND
9 LATONIA BELTRAN; PROVIDING AN EFFECTIVE
lO DATE.
11
l2
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 1029 Seagrape Road, Lantana, Florida (Hypoluxo
15 Ridge Add 2 Lot 52); and
16 WHEREAS, the parcel covered by this agreement includes a single-family home
17 located in the San CastlelRidge Grove project area; and
l8 WHEREAS, a water distribution main has recently been completed on this street,
19 vicinity, allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section l.
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.
27
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
29 Anthony and Latonia Beltran, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA \RESO\Agreements\Water Service\Beltran Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of May, 2007.
CITY OF BOYNTON BEACH, FLORIDA
-~-"'~---
-? :
,I
Attest:
S:\CA\RESO\Agreements\Water Service\Beltran Water Service Agreement.doc
l_m~mll~IIIIIIIII'11111
THIS INSTRUMENT PREPARED BY:
lame" 1\. Cheraf, Esquire
Goren, Cherof, Doody & Ezral, P.A.
3099 East Corrnnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 20070256608
OR BK 21771 PG 1799
RECORDED OS/25/2007 10:35:11
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 1799 - 1809; C11pgs)
ROi-D51
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXA nON
, TIllS AGREEMENT m e~n this l, ~ day of ~, \ ,200-'1.., by and between
D l ~I ~ hereinafter called the "Customer", and the
CI Y OF OYNTON BEACH, a municipal corporation ofthe 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 ofthe 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 \Vater
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 I. V 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 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
neC';;ssary to conform the lines or the City may have the work performed on behalf ofthe 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
6me 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 ofthis 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.
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.
lO. 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 \AGMTSIWater Servicel Water Service Agreement - Rev 1-6-06.doc
2
prohibitions, restrictions, limitations or requirements oflocal, 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.
ll. 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.
l2. 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 ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANrEOR AN.. NEXATIO~BETWEE~P'ff.E,.CITY OF BOYNTON BEACH AND
~~_\I~~7j',c., 'i LI\- (t{,\(, ~, \( !.J\ 1\,/ (INSERT NAME)
- ~
~ WITNESS WHEREOF, the parties hereto ha. ve set their hands and seals this ~ day of
f",\ ,2001.
\}\itness Signatlpf.
(l\\ It..-,,,- I:x.L re1 <> ~
Printed Witness Name
~~p?~
~ Si~ure ,.
V~?- ,/4 ~/Gr/\klE...u
nnted Witne e
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Printed Owner Name
L1Jness Ignature
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Printed Witness Name
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Witness ignat e .
~~.A- $I~/~('e-
Printed Itness Name
FOR INDIVIDUAL(S) NOT ARIZA nON:
STATE OF
)
) ss:
)
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in th~ounty afor~~i<.! .to take acknowledgments, personally appeared
\~~'""\C).~*' ~\O\i\.\a. bd\fO-m~known to be the person(s) described in and who
executed the:fl gomg mstrument that he/she acknowledged before me that he/she executed the
~ame? tha~ the individual was personallY known to me or provided the following proof of
IdentIficatIOn: p-,<-r-~ov\ CA....\ \ L) 'b- V\.D..0 V\ .
WITNESS plY hand and official seal in the County and State last aforesaid this l:;+ ~ay of
\~C:~I.' \ ,200'J...
,
Who\en ~-
(Notary Seal) ".~!;'ry"", J?meo~~ B0D270557 E)(PIRES
/W:.. ~~;,. MY COMI'M5S\ r 30 2007
;.: :~= Novembe 'NSU~Ai\Cf, INC.
.. ~". 'Q~ .~uWOH~IN I
My CommIssIon eX: ',,,,, ", .~~ BONOED1H ,
)
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. ~otary'Publi~_._.
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVK A FOR ANNEXATION BET ,~THE CITY OF BOYNTON BEACH AND
h G(1),",~ ~ (INSERT NAME)
CITY OF BO NT ON BEACH, FLORIDA
a Florida muni ipal cOrPoration
Approved as to form:
~c:JL -4&/0'7
City Attorney
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 ~~D(J in tf;he.~ C~unty af~resaid to take /1 ackno~le~ ,ents-, personally
appeared lrL-ttfC?:::j5/let-- , CIty Manager and i!. f\d!.c, .
.
City Clerk respectively, of the City named in the foregoing!' greement and that they severally
acknowledged executing same in the presence of two subscrioing 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.
'-f1 ~I~NESS my hand and official seal in the County and State last aforesaid ~his
~r.<;_ ,200.t. 91;.'" ,/'}
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(Notary Seal) ~.dL '~ . /,~:;' /
tary Public /
My commission expires: NOTARY PUBUC.STATE OF RIDA .
~ Judith A, Ie
Commission # D0421 091
Expires: APR. 21 2009
Bonded Thru Atlantic Bonding Co., Inc.
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S\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
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Property Information
Location Address: :1.029 SEAGRAPE RD
l'liJi"",,,,,-~~!,,_J
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-14-000-0590
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 11710 Page: 900 Sale Date: Apr-2000
Le.9al Description: HYPOLUXO RIDGE ADD 2, LT 59
Owner Information
Name: BELTRAN ANTHONY J
I,...~~~~~!I
Mailing Address: 1029' SEAGRAPE RD
LAKE: WORTH FL 33462 5953
Sales Information
Sales Date Book/Page
Apr-20001:1.nj)19~QQ
PriceSilJ~LIyp'e. Owner
$85,000 WARRANTY DEED BELTRAN ANTHONY J a. LATONIA L
[Exemptions
Regular Homestead: $25,000
_ T ota I: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
U~e.Cod_e:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2009
A
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sse sse an axa e a Lies
Tax Year: .2006 lOOS 2004
Assessed Value: $81.41 $79.04 $76,743 L~~L~
Exemption Amount: $25,00 $25,00 $25,00Cl
Taxable Value: $56,41 $54,04 $51,743
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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, Structural Detail
Page 1 of 1
BUILDING 1
Building Structural Data and Drawing are for the Current Tax Roll.
Bl;ILH.I.f\C; :;
Structural Element for Building 1
1.Ext erior Wall 1 CB STUCCO
2.Y ear Bullt
3.A ir Condition Desc.
4.H eat Type
5.H eat Fuel
6.B eel Rooms
7.Ful I Baths
S.H all' Baths
9.Ext erior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Extra Feature
Description
No Extra Feature Available
Detailed Land Information
Land Line # Description
1. SFR
1978
HTG & AC
FORCED AIR DUCT
ELECTRIC
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1439
2. UCB UNFINISHED 2.00
CABANA
FOP FINISHED OPEN 25
3. PORCH
4. FGR FINISHED GARAGE 345
Total Square Footage: 2009
Total Area Under Air: 1439
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(f) 2004 Paim Beach County Property Appraiser,
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_inf02.aspx?p _ entity=004345091400". 12/4/2006
All Owner
Page 1 of 1
AH Owner(s)
peN Number:
00-43-45-09-14-000-0590
Owner Names
BELTRAN ANTHONY J
BELTRAN LATONIA L
http://www.co.palm-beach.fl.us/papaJaspx/web/allOwner.aspx?entity _id=00434509l40000... l2/4/2006
:'~
...... THIS INSTRUMENT PREPARED BY:
James A. Cheraf, Esquire
,Goren. Cherat, Doody and Ezrol. P.A.
3099 East Commercial Blvd.
Suite 200
Fl Lauderdale. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTYOF ?tt\'M ~~,
IlWe, A.~b~ ~ ~ ~;~ ~I ~ t.- , hereinafter "Grantee",
hereby make, constitute, and PpointlTHE C~TY 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. The real property which is
the subject ofthis power is described as follows:
PCN No.: Ob - 4.,- ~'\ ~ vq - It-1)il~ - D")'tD
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the It,~ day of
_~\ ,2001 and the powers and authority shall he irrevocable by Grantee_
w/t.es~ Signature.J
'\, .~ Du-Y, pU'
Print Name
~a~
Witness ("
r:,k.~G A -0j:::../AlNm
Print Name
STATE OF FLORIDA
)
) SS:
)
COUNTY OF PALM BEACH
Print N arne
.. THE FOREGOING INSTRUMENT was ackn~wledged ~-!ore me this ~"day of
~\ \, 2001, by ~'\-\{"'\~\r--(:)v~ \_:)~~OLJl\ and
\....O::-C-C) ", \ C\ "PJ p \.~~.I\" who are known to or who have produced
\~~. ~\ ~ ~O~ identific.:'tiq~~Y\'I12._~id/did not take an oath.
~en \R't~ (. . .../ l~ ~ ~\~
______ 1ometOfl V,'DI)11IJ<};ll 't'l9 ' C>--v\l,"-~"':rV-.. \i J. ~ r ''l-R
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--"'.i:lii:f:r'2-" Type or Print Name
My Commission Expires:
S:\CA\AGMTS\Water Service'power of any.doc - 1-6-06
H:\1990\900 182.BB\AGMf\Power of Attomey-lnd 1-30-06.doc
Commission No.
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1 in. = 111.9 feet
- - .. ..- - - - - - - ~ ~ - - -- .' - - - - . . . .
.r-
(
0680
0670
0660
0650
~
0630
0620
0610
----.- _... - - - ----- - _..._~
0530 0540 0550 0560 I 0570 0580 060!0 ~
I
I
"'-- I )
I - - ------- - - --- I
/' Railroads
Tax Parcels 2005
LOT Labels
.r- ~ o Tax Parcels 2003
( \ LOT Labels
o Tax Parcels 2002
0520 0510 0500 0490 0480 0470 0460 045'0 LOT Labels
. Water Points (Manatee Bay)
. Water Valves (Manatee Bay)
Sewer Unes (Manatee Bay)
I' Street Centerlines
STREET Labels
I Streets (Manatee Bay)
o Utility Service Area
Water
0370 0380 0390 0400 0410 0420 0430 0440 TRSgrid ..
. hydrant_equipmentpl]SP _Prole
\,- )
. - ----------- - - --""
(-- - .
0360 0350
0340
0330
0320
0310
0300
~\
0290
0220
0230
0240
0250
0260
0270
0280
0210
0200
Location - 1029 Seagrape Rd
The City of
Boynton Beach
City Clerk's Office
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425.0310
(561) 742.6060
FAX: (561) 742-6090
May 23, 2007
SHARON BOCK
CLERK & COMPTROLLER
PALM BEACH COUN1Y
RECORDING/ABSTRACT
PO BOX 4177
WEST PALM BEACH FL 33402
ATTENTION:
Millie Mendiola
Dear Ms. Bock:
RE: ACCOUNT #1031 - 10 PAGES = $87.10)
Please record the following 10 pages as one (1) individual document:
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION & IRREVOCABLE SPECIAL POWER OF
AlTORNEY
R07-051
Anthony & LaTonia Beltran
If you have any questions, please do not hesitate to contact me...
Very truly yours,
CITY OF BOYNTON BEACH
'tn.~
C: Central File
PBC Recording Folder
S:\CC\WP\PBC recording\Water Service Agreements\2007\Cover letter to County for Water agreement R07-0S1 - Anthony & laTonia Beltran.doc
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