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
~---