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R05-001 11 r 1 RESOLUTION NO. R05- 001 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 ROBERTO 9 HUERTA; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 ater and sewer service area, located at 1043 Highview Rd., Lake Worth, Florida (Ridge 14 Grove ADD No 1 L! 213 & W Y2 ofL! 214); and 15 WHEREAS, the parcel covered by this agreement includes a single-family home 16 located in the San Castle/Ridge Green proj ect; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 allowing for the service to this parcel; and 19 WHEREAS, No additional construction will be required by the City to serve this 20 roperty. 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 eing true and correct and are hereby made a specific part of this Resolution upon adoption 25 ereof. 26 Section 2. The City Commission hereby authorizes and directs the Mayor to 27 execute a Water Service Agreement between the City of Boynton Beach, Florida and Roberto 28 Huerta, 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\Huerta Water Service Agreement.doc II I 2 3 PASSED AND ADOPTED this _ day of January, 2005. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Attest: 24 25 26 City Clerk 27 28 S:\CA \RESO\Agreements\Water Service\Huerta Water Service Agreement.doc ROs-ool THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ß THIS AGREEMENT made on this day of ,200-.---' by and betweeI! D&ç¡ff 0 f/¿Û<7/J ----+-'-- hereinafter called 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 trom 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 èustomer with water service fÌ"om 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 Li 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 confoflI\ance with all codes, rules and regulations 1 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 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 fÌ"om 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 fÌ"oIrt 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 tlÌe City's water supply is sufficient to support the grant of the power of attomey any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. , 2 9. Annexation is intended to be and is hereby made a covenant runÌ1ing 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 Palm 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. JO. 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 - 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 th~ 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) fÌ"om 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 fÌ"om 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. -£1 ~ WITNESS WHERE~ the parties hereto have set their hands and seals thi~/í-r day of v {/I (/J-1 ,20. ;t~ ~- 1", Witness Signature Owner Signature fo~t~ Ii Jf3ûf1 ¡J #(/ C/flll , , Printed Owner Name (¿? ú1lftf:}!:f;tJ67(//u ßcSA "' Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDMDUAL (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 afi es 'd and in ~ 1{Jp aforesaid to take acknowledgments, personally appeared () '6 ÿ;" L? vt;: 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~t the ~yjdUal w:!:!r.ers~y !;tz;:;:r: me or provided the following proof of identification:. [if l£.:Ju- 7. 'J- ~ r C1 . ;1;. rJ¡ ~ESS my hand and tcial seal in the County and State last aforesaid this ~ay of If It (J I , 20 . (Not~,~eal) FABWID.S08A 1itiJ? d PrÞ-~ - ~ MYCOI..SIJIIIDDI6448'1 * « EXPtRE8:ee.wS,2006 Notary Public ......" _nNlli.loot"""'- " WITNESS: J CITY OF BOYNTON BEACH, FLORIDA ~, ~ 7)~'~ V~O- J. Yl2£-£ 4 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 acknowledgments, personally appeared . Te rr;¡. /1/or , Mayor and -T'ctVle+ f'ra..)h)f-o , City Clerk respectively, the C ty named III the foregomg agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fÌ"eely 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. :Jã. WITNESS my hand and official seal in the County and State last aforesaid this 1/-/1.. day o( ænt<~rV ,20<:1>. f - (Notary Seal) r~~¡ Notary Public Approved as to fO~ Æ)CM5 ddoS" - I I.==~"! City Attorney m _311I20OI: ! ~ ~ landed.... (1ICO)432..2S4! . ~~ . : .¡,...", Florida Notary Assn., Inc : ~.............................................. , 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire JosIø & Go<on. P A. 3099 East CommOfdal Blvd. SuJ\e200 FL Lauderdale. Fl 33308 - IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF (ÍfJh fJ¡Çl1{f! , I/We, fûtr!~10 !I()&¡(1/1 , 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 annexation by any , , available means. The real property which is the subject of this power is described as follows: 0043Lt5oq oq 000 ~\ôb . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the (). fill d~y of ,Al/duf1 , 20~ and the powers and authority shall be irrevocable by Grantee. Palm Beach County Property Appraiser Property Search System Page 1 of2 Property Information location Address: 1043 HIGHVIEW RD liii"'W~-~-""''' Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-2130 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 13336 Page: 1447 Sale Date: Dec-2001 Leg,,1 DescriDtion: RIDGE GROVE ADD NO 1 IT 213 &. W 1/2 OF LT 214 Owner Information Name: HUERTA ROBERTO t",,,,,AJI'-'"hiiihiii Mailing Address: 1043 HIGHVIEW RD LAKE WORTH Fl 33462 5907 Sales Information Sales Date Book Page Price Sale Type Owner ,¡¡¡iiiiiJihiitMi5aIes:ÚhiiiiW;¡i'i¡ Dec- 200 1 13336 1447 $73,000 WARRANTY DEED HUERTA ROBERTO Oct-2001 13336 1446 $10 QUIT CLAIM REGIONAL TRUST CORPORATION Aug-2001 13223 1075 $42,109 WARRANTY DEED EMMANNEL DOUGLAS [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2004 2003 2002 Tax Year 2004 Improvement Value: 57 457 52 758 48 313 Number of Units: 1 land Value: 17 086 15 360 12 000 *Total Square Feet: 1408 Total Market Value: 74 543 68 118 60 313 !)~se Codg: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2004 2003 2002 Assessed Value: $74 543 $68.118 $60 313 I~ Exemption Amount: $0 $0 $0 N 11" Taxable Value: $74 543 "68.118 $60 313 Tax Values Tax Year: 2004 2003 2002 ~~ Ad Valorem: $1 491 "'1332 "'1186 Non Ad Valorem: $191 "'192 "'185 l~MìJlli¡¡Míci~tili¡¡j¡j¡_J Total Tax: $1 682 "'1524 "'1371 ~~I LditllWlousJ;>- "J I'Òh>¡¡¡U'J;i~i;é;¡;Ú¡"jiiiiMf R~LQ[_çL5earch I tnf:onnption I ~x-çrr1Qtìons I.QmJrnunity I t:!J.!QlP"yment I ~~..l"Ltiºrne J~~Y\?J I Qffice Loç_ê!tiolls Y-ªJIJ€ Adjustr!1~nt B-ºard I Say~ QUI' Hom.e.? I S.i?níqr Corn.§: Q.ísclairner Horne I Links Ç;lo~sary I F-AQ I f9frns I Conti3.ctUs I PAPA http://www.CO. palm-beach.fl. us/papa/aspx/web/detail_info.aspx?p _ entity=0043450909000... 11/9/2004 0720 ... 28&0 &7 2730 2750 78 2790 0210 029G 0700 0800 1 in. = 168.4 feet 0200 0190 0320 0690 0820 2380 2340 2330 2311 2300 2 ..eo 0671 0830 2010 03 2040 2070 2090 2160 04 0860 72 1710 1690 68 67 1&110 0870 0730 10 68 IIB30 0890 71 0560 0400 0800 : tti:: .,~~~~ II ~~ I 0100 0410 0800 0910 0981 01 0 1030 41 0420 0520 0420 0690 0920 0080 D430 0930 1051 1050 0570 32 31 0070 0440 0940 -1:'II:t1:a:~1 0460 - CIII60 0050 0960 350 ''"'0 0220 0540 1561 0030 0870 0530 10 0510 990 1000 ; ~ ~ 3060 0030 0040 0030 0040 03 04 ; 50 ;; 0020 0010 0030 0040 0010 0020 0030 0040 01 Location Map - Exhibit "A"