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R08-030 II 1 2 RESOLUTION NO. R08- D30 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND 8 COVENANT FOR ANNEXA TION BETWEEN THE 9 CITY OF BOYNTON BEACH AND W ALTER & JOAN 10 CROOKS; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within 14 our water and sewer service area, for the property located at 1111 Ridge Road, Lantana, 15 Florida; and 16 WHEREAS, the subject parcel is a single family home located in the unincorporated 17 Palm Beach County area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 time due to recent water main improvements constructed by Palm Beach County; 20 WHEREAS, City policy requires annexation of the property to be serviced at the 21 earliest practicable time, as a condition of the granting of water services outside its 22 jurisdictional limits; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Manager is hereby authorized and directed to execute a 29 Water Service Agreement between the City of Boynton Beach, Florida and Walter & Joan S:ICAIRESO\AgreementsIWater ServicelCrooks Water Service Agr.doc " Crooks, said Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 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 PASSED AND ADOPTED this ~ day of March, 2008. C~;;Y:;;:;H' FLORIDA 'ayor -} rry T or (j Vice Mayor - Jose Rodriguez Attest: comm..lS.Sioner ~ Ronald Weil~d /.) , )'/)1 /lj~~G ~) - O;;Lodr~% Commissioner - MarIe"ne Ross S:ICAIRESO\AgreementsIWater ServicelCrooks Water Service Agr.doc rl~Rmm~llllmmlllln~1111 THIS INSTRUMENT PREPARED BY: James 1\. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Connnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CF f4 :.2 OO.~II)(I':1'3B 10 Oft BK 2~:~511 PG 11:37 REGOROE D OJ.i 10/2008 15: 42: 38 Pall. Be:lcn County. Florida Shamn ~. Bock,CLERK & GOKPTROLLER Pgn 1131 - 1145; (9pgs) RDB -020 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this -!I.- day of ;:.~ h/dO / ~/ , 2Q,0 g, by and between l.Jet UPf )) 'Y T(O,g i. r" C (c,itJ hereinafter caIl~d 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 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 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 ~ Equivalent Residential Conneclions 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 necessary 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 watermain extension made pursuant to this Agreement shall be used only by the Customer, unless written conseht 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 cormections 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 anriexation. 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. - 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this 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\AGMTSIWaler ServicelWater Service Agreement - Rev 1-6-D6.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. 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 individuaf 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 oftitle. 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 ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFf BLANK) S:\CA\AGMTSIWater Service\Water Service Agreement - Rev ]-6-{)6.doc 3 Palm Beach County Property Appraiser Property Search System Page 1 of 1 _~'l:I~~'\llft~" \.~:- ,\ Properiy .A.flpliLHf " I'd I, ;, c...., . I ~E~:\:~';\~:f,.."~~""'~~ -:.' >~ ~-. ~ = ~ ~ ."\ ",' . . ~ a.',"" .:,',-- ,. < J':'II'~>;" "'. ,"~" - > ~", . ~ ~ ,~< - Property Information Location Address: 1111 RIDGE RD ~~l!;,J [=:~I Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0400 Subdivision: RIDGE GROVE IN Official Records Book: 06583 Page: 1843 Legal Descrianum: RIDGE GROVE L T 40 Owner Information Name: CROOKS WALTER D &. JOAN M Sale Sep-1990 Date: ~.;."""f!~,!!..."~,,, } Mailing Address: i'47 WOODSIDE DR WEST ~ALM BEACH FL 33415 2540 Sales Information Sales Date Book/Page Sep-1990 06583/1843 Price Sale IvM Owner $18,000 WARRANTY DEED [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: Property Information Number of Units: 1 *Total Square Feet: 997 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~,BaaSU~:.j Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2 L,<)J!!!:~.-.J [,..;.."""""'.~!..,~..:"""" I' Calculate Additional] ,,'c... ",.. .,IIt, ,.,"~.,..,. lax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one pagE.. Ef-4 http://www.co.palm-beach.fl.us/papa/ aspx/web/ detail_info. aspx?p _ entity=00434509080000... 2/5/2008 THIS INSTRUMENT PREPARED BY: James A Cherof, Esquire Goren. Cherof. Doody and EzroL PA 3099 East Commercial Blvd. Suite 200 Ft Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) ATTEST: . ~7'n,p~ Cl Clerk CITY OF BOYNTON BEACH, FLORIDA a Flori municipal corporation .~ urt Bressner, City Manager . ,c.t"c/..t;) (:'<J ft]Yl- Approved as to form: ~ ~'-( AL61t7C~ l\s,:> K; Attorney l- 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 an?, in . ~e County af~resaid to take acknow.1e gme~7 personally appeared ku Lol/e""" ~rG ~tclty Manager and, TO City Clerk respectively, of the City named in the foregoin greement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly ve~ted in them by said City and that the City seal affixed thereto is the true corporate seal 'aJfixed thereto is the true corporate seal of said City. My commission expires: NOTARY PUBilC-STATE OF FLO ~ Judith A. commission # D 091 , Expires: APR. 21, 200C> Bonded Thru Atlantic Bonding Co., Inc. 7 -vLday of ~ITNESS my hand and of.tjcial s'eal in the COUll ~ ,200&:-. (Notary Seal) S:\CA\AGMTS\Water ServicelWater Service Agreement - Rev I-6-06.doc 5 AGREEMENT FOR \VATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) ~ IN WITNESS WHEREOF, th,e parties hereto have set their hands and seals this ~day of _ 'bl C() , 2000<;3 NESS: INDIVIDUAL(S) AS OWNER(S): CN~ Owner Signature Wa l+~c )) c(ODIc~., Printed Owner Name FOR INDIVIDUAL(S) NOTARIZATION: " ::::%~~~s: ~~?:1e ~~ JQa rl (V\ Crete.} lG-{ Printed Owner Name 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 ~ to me known to he the person(s) described in and who executed the foregoin instrument that he/she acknowledged before me that he/she executed the same; that t ,'ndividual was person_ally known to me or provided the following proof of identification: .::::J' J WITNESS my hand and official seal in the County and State last aforesaid this l\4:\.r day of n 'L, / ,200b IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of rI,~U.i)J,~ ' in the year 20.Q~ V Sealed and DeSS Sign.to ~. =-=- :JDe Ii- .~ · ~ Prin~ W' e~ ~~ ~~ft)L~ .. tnecSt~, .'Jrv-c:~ ~ Wltness~ trT~~ Print Name e: owne-1gnature 1) ?C ~~J? b- Print Name ~MJk~ Signature }::.r (Ja tI t?1 C/'tllJ Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~. THE FOREGOING INSTRUMENT, was ~,cknowle,dged before me this t-i +t.- day of ~' 20Q3, by Wn. D :l,." L.."" k /1 and , . I/;~ ~ , who are known to IDe or who have produced \. . ' e l , ; .A . as identification and who did/did n fake an oath. . 11I1III1""_ ..., MIl. ....,....... . ";J . "I ........ Olm J"Hln . OD ,.. .......... Type or p' Name ~:bD NIl d~' Commission No. l 0 \ ~ My Commission Expires:q _\ ~ -~\ ~ S:'CAIAGMTS\Water Servicelpower of any. doc - 1-6-06 H:\199019OO 182.BBIAGMf\Power of Attorney-lnd I-30-06.doc Location "".J~" ~JwU ~:JOV PEAK RD LOULltb 1 U ~ti~U 28411 245(12440 2420 2380 2360 ) 1900 1920 19311 1950196019701980199(12000 2010 HIGHVIEW RD 2340 2330 11830182018101791 17801770176017501740173017201710 - 1111 Ridge Rd 2650 267(1268(1269(1270(1271(12720 2730 2750 27802790 I I I I 2311 __PEAK RD ,,,. "i"''''~':f:: "'.-;:" 2200 2030 2040 2060 2070 2090 211(121202130 2141 2160 HIGHVIEW RD 1690 16801670166016501640 1622 1610 160015901580 1560 I HIGHLAND RD ______ '00821 0810 0791 0771 107600750 0730 07200710 070lXl69lXl68lXl67lXl66lXl65al608Cl83ql62lXl61 lXl60Q)590 0571 0560 910 0990 HIGHLANlr RD ---1 044lXl45C04600470 0491 0491 051lXl~Q)54ltJ550 I I 0930 0950 1160 1141 11301120 1100 1090 S RIDGE RD 50 1261 1280 1300 1311 13401350 1490 1390 r- 0180 0170 0160 0150 0140 0130 0120 N w t.\J~ 7!~~ I s 1061 1050 1360 I,,, "" "" "" ''':]- "'00"7'" ---- - - S R'DGE'RD-~____----'- ~ r':~": It..."" 0190 0200 0220 024Q)250 ~ "'oo"'oo'm..~'~,:":., J o 012a I I I I 0100 0080 002111010 0020 0010 0020 0010 0030 0040 0020 0010 0030 0040 002111010 003111040 0020 0010 003111040 002'010 002111010 I 0030 0040 0020 0010 I ",.... ~7 \ 0030 0040 \ 002111010 00200010 ,/ \ 003111040 0021)010 0030 0040 J 003.040 0020 0010 I Although every reasonable effort has been made to ensure the accuracy of the public Information, data and graphic representations, the City of Boynton Beach cannot be responsible for E consequesnces resulting from any omissions or errors containced herein. The city of Boynton Beach assumes no liability whatsoever associated with the use or misuse of this data. O. 02 01 2180 01' 011 015 014 013' 012( Railroads Tax Parcels 2005 LOT Labels Tax Parcels 2003 LOT Labels 00900 Tax Parcels 2002 LOT Labels . Water Points (Manatee Bay) 0070 . Water Valves (Manatee Bay) Sewer Lines (Manatee Bay) 0050 f' Water Mains f' Water Mains (Manatee Bay) / Street Centerlines STREET Labels Streets (Manatee Bay) . hydranCequipmentprjSP _Proje TRSgrid Water o Utility Service Area 0111 /' 010( 0100 D 0030 I ~---