R06-108
"
1 RESOLUTION NO. R06- 108
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 CITY
8 OF BOYNTON BEACH AND ANTHONY MCCRAY;
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the subject property is located outside of the City limits, but within our
12 water and sewer service area and consists of a 52 unit townhouse development located east of
13 Military Trail and north of Gateway Boulevard, the property more specifically described in the
14 legal description attached as Exhibit "A"; and,
15 WHEREAS, no additional construction will be required by the City to serve this
16 property.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
22
Section 2.
The City Commission hereby authorizes and directs the City Manager
23 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
24 MILITARY TRAIL DEVELOPMENT GROUP, LLC, which Agreement is attached hereto as
25 Exhibit "B".
26
Section 3.
This Resolution shall become effective immediately upon passage.
27
28
1
S:\CA\RESO\Agreements\Water Service\Military Trail Water Service Agreement.doc
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PASSED AND ADOPTED this ~ day of June, 2006.
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~~ ~i_ Yn~~
i~ (~Clerk
31 (Corporate Seal)
Attest:
CITY OF BOYNTON BEACH, FLORIDA
?~)f~L
Commissioner - Muir C. Ferguson
2
S:\CA\RESO\Agreements\Water Service\Military Trail Water Service Agreement.doc
Order No: 51225226LA
Reference No: 86596.010100
Exhibit "A"
Tract 15, in the Southeast 1/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County, Florida, also
being described as the Southwest 1/4 ofthe Southwest 1/4 ofthe Southeast 1/4 of Section 12, Township 45 South,
Range 42 East, Palm Beach County, Florida.
LESS AND EXCEPTING:
2 acres more or less, consisting of a strip 132 feet by 660 feet from the Northern boundary of Tract 15 of the
Southeast 1/4, being the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 45 South,
Range 42 East, Palm Beach County, Florida, described as running East from the center of Military Trail 660 feet;
thence South 132 feet; thence West 660 feet; thence North 132 feet along Military Trail to close, as set forth in
Deed Book 1018, Page 145, of the Public Records of Palm Beach County, Florida.
FURTHER LESS AND EXCEPTING:
the South 25 feet of said Tract 15 abutting and lying North of the platted 15' Road Right-of-Way; said platted Road
Right-of-Way as shown on the Plat of Amended Plat of Sec. 12 Twp. 45 S. R. 42 E. Mary A. Lyman Et AI,
according to the Plat thereof, as recorded in Plat Book 9, Page 74, of the Public Records of Palm Beach County,
Florida.
FURTHER LESS AND EXCEPTING:
that portion lying within 33 feet ofthe center line ofQld Military Trail; said center line being the West line of the
Southeast 1/4 of said Section 12.
BOC-FS 1 \402666vOl \C97WO 1_.DOC\4nJ06\23455.011000
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THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 200(::,044.'3275
OR BK 20675 PG 14.'37
RECORDED 08/02/2006 09:29:26
Palm Beach County, Florida
Sharon R. Bock, CLERK & COKPTROLLER
Pgs 1487 - 1494; (8pgs)
ROG:,-IP8
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this ~ day of :r u..n 'L , 200~, by and between
Military Trail Development Group, LLC 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
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:
I. 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 (1 Equivalent Residential
t.
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
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 thc event the City has
such work performed, thc 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 thc City of Boynton Beach for other parties to
conncct. 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 thc City Water
Distribution System to and including the metered service to Customer shall he vested in the City
exclusively unkss 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 applicablc under City Ordinances and rate
schedules which arc applicable which may be L:hanged from time to time.
7. Any rights-of-way or casements necessary to aL:L:OIIlITlodate 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 thc powcr and authOlity 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 eligihle under any available means or method for annexation. Customcr will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrcvocable special power of attorney, hut Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth hcrcin. 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 constitutc a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
dcscribcd in paragraph 1 above. This At,Tfeement 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 transferee, 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
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agcncies having jurisdiction over such matters. A Iso, the City shall have no liability in the
event there is a reduction, impairment or termination of water servicc duc to acts of God, accidents,
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strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's rcasonable control.
11. The Customer hereby agrees to indemnifY, defeno and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officcrs, 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 appcal 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 O.F PAGE INTENTIONALLY LEFT BLANK)
3
WITNESS:
~Ab~~~&4
Witness Signature
CORPORATION AS OWNER(S):
By:. P
Its: Managing Member
kA-nltiif#'V A.:i)tte71.&1
Prin itness Name
Leonard Albanese, Managing Member of
Military Trail Development Group, LLC
{CORPORATE SEAL}
ATTEST:
Secretary
Print Name
FOR CORPORATE NOTARIZATION:
STATEOF f\..oe.~f\ )
o )ss:
COUNTYO~~ ~ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take ,!cl91owle~~~._p_(j.l'~ly appeared
h'i.ct\Q.Q..O liUo/l.iU$J:;"_m as~~~t\o,.~t&ht..of l\\l\"tJ\.~~lj~"L.t.~1 named in the
foregoing agreement and that he/she abttnowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
~,~tness my hand and official seal in the Cou
tt: , 200 le..
""" " Ann B tt I.'
':-~~''''~<6-:. . a ag Inl
~{~~::.~ Com!TIfssion #00253783
-:;'J~....~~:: ExpIres: Sep 30, 2007
"'JJ9~t:.~\", _ ~ondedThru
AtlantIC Bonding Co. Inc
oresaid this -!i..- day of
~
My Commission Expires:
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENAN~ FOR ANNtJ::'TION:::JEEN THE ~ OF BOYNTON BEACH AND
~'b1hO .0. ~i:. .n1..Ll:. (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida mun ipal corporation
By:
Kurt Bressner, CIty Manager
ATTEST:
Yr;. p~
~
(SEAL)
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 , City Manager and
City Clerk respectively, of the City named in the foregoing 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 __ day
of ,200_.
(Notary Seal)
Notary Public
My Commission Expires:
S:\CA\AGMTS\Watcr Service\Watcr Service Agreement (Corp) - Rev 090205.doc/rev. 1-6-06
H:\! 990\900] 82.BB\AGMT\Watcr Service Agreement (COIP) - Rev 090205-rev 1-6-06.doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
City of Boynton Beach
lOO E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Leonard Albanese, as Corporate Representative of Military Trail Development
Group, LLC, 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:
PCN No.: 00.43.45.07.00.000.3050 & 3060
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
, 20_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the!/_ day of
~eJ ___, in the year 20~.
Sealed and delivered in the prescncc of
~r0u~
itness SIgnature
I::;1TH'~~~ __I}-. ~L-T~f._Y
Print Name 7
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Wit 55 Sigllature
-.JDe- GtJ+-+O.sO
Print Name
STATE OF floe_Lo A' )
COUNTY OF ~ ~ ~
Corp. Name: Milit Trail Development Group, LLC
By:
PrintName&
ATTEST
Secretary
Corporate Seal:
ss:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
~foresaid and in the County aforesaid to take aCknowl~~~ersonalIY appeared
h.~ ro A-\.b/Lu f i-L ast.A.~1: '7 k~f t-.\\1.\~~} P k; f"~ named in the
foregoing agreement and that he/she ac owl edged executmg the samc m thc prcsence of two
subscribing witnesses freely and voluntarily under authority duly vested in himlher hy said
Corporation and that the Corporatc scal affixed thereto is the true corporate seal of said
Corporation.
Witness my hand and official seal in the Cou and State last aforesaid this ~_ day of
-AfeU ' 2~.
\\'",, Ann B tt l'
"'~~Y'~~~<:" a ag 1m
~;~"~:~ COID!TIission #DD253783
~~'. ~.:?~ ExpIres: Sep 30, 2007
-:"':10Ff\.~~"'" Bonded Thru
11,,", Atlantic Bonding Co. !PI'
My Commission Expires:
S:\CA\AGMTS\Water Service\Power of Attomt:y-Curp. 1-6-06.doc
H:\1990\900 I 82.BB\AGM1\Power of Attorney-Corp 1-6 06.doc
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OWNER'S POLICY OF TITLE INSURANCE
Issued by Lawyers Title Insurance Corporation
POLICY NUMBER
~ ~ LandAmerica
~ Lawyers Title
Lawyers Title Insurance Corporation is a member of the
LandAmerica family of title insurance underwriters.
A81-0198921
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketabilityof the title;
4. Lack of a right of access to and from the land.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in
the Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest:
--...."..........""'"
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I", '("ltlfoMo."_E
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By:
~ ,( ~~i4 t.
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defeq'!,Jien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclos11d
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
ALTA Owner's Policy (10/17/92) with Florida Modifications
Form 1190-78
ORIGINAL
Valid only if Schedules A and B are attached
Policy of Title Insurance
Lawyers Title Insurance Corporation
Schedule A
Order Number: 51248900LA
Policy Number: A81-0198921
Reference Number: 23455.011000
Amount of Insurance: $4,000,000.00
Date of Policy: March 17,2006 at 4:03 p.m.
Name of Insured:
MILITARY TRAIL DEVELOPMENT GROUP, LLC, a Florida limited liability company
l. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
2. Title to the estate or interest in the land is vested in:
MILITARY TRAIL DEVELOPMENT GROUP, LLC, a Florida limited liability company,
pursuant to that certain Deed recorded in Official Records Book 20073, Page 0454, Public
Records of Palm Beach County, Florida.
3. The Land referred to in this policy is described as follows: .
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
GREENBERG TRAURIG, P.A.
This policy is invalid unless a cover sheet and Schedule B are attached.
Schedule B
Policy Number: A81-0198921
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
1. Taxes and assessments for the year 2006 and subsequent years, not yet due and payable.
2. Road Right-of-Ways and dedications shown on the Plat of Amended Plat of Sec. 12 Twp.
45 S. R. 42 E. Mary A. Lyman Et AI, according to the Plat thereof, as recorded in Plat Book 9,
Page 74, of the Public Records of Palm Beach County, Florida
3. Easement in favor of Florida Power & Light Company recorded in Deed Book 442, Page
12.
4. The following matters disclosed on survey prepared by Adair & Brady, Inc., under
Project# 05029, last revised
3-6-06:
a) Encroachment of fence onto adjacent property on the South side.
b) Concrete drive and Shellrock Drive onto adjacent property on the West side.
5. Mortgage made by Military Trail Development Group, LLC, a Florida limited liability
company, in favor of Fidelity Federal Bank & Trust, dated March 16, 2006, recorded March 17,
2006, in Official Records Book 20073, Page 0458, Public Records of Palm Beach County,
Florida.
6. Assignment of Rents in favor of Fidelity Federal Bank & Trust, dated March 16, 2006,
recorded March 17, 2006, in Official Records Book 20073, Page 0466, public records of Palm
Beach County, Florida.
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm
Beach County, Florida, unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured
hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving
complaints, by contacting the Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL
32801 Telephone 407-481-8181.
Order No: 5l225226LA
Reference No: 86596.010100
Exhibit "A"
Tract l5, in the Southeast l/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County, Florida, also
being described as the Southwest l/4 of the Southwest l/4 of the Southeast l/4 of Section 12, Township 45 South,
Range 42 East, Palm Beach County, Florida.
LESS AND EXCEPTING:
2 acres more or less, consisting ofa strip 132 feet by 660 feet from the Northern boundary of Tract 15 of the
Southeast l/4, being the Southwest l/4 of the Southwest l/4 of the Southeast l/4 of Section l2, Township 45 South,
Range 42 East, Palm Beach County, Florida, described as running East from the center of Military Trail 660 feet;
thence South 132 feet; thence West 660 feet; thence North l32 feet along Military Trail to close, as set forth in
Deed Book 1018, Page l45, of the Public Records of Palm Beach County, Florida.
FURTHER LESS AND EXCEPTING:
the South 25 feet of said Tract l5 abutting and lying North of the platted l5' Road Right-of-Way; said platted Road
Right-of-Way as shown on the Plat of Amended Plat of Sec. 12 Twp. 45 S. R. 42 E. Mary A. Lyman Et Al,
according to the Plat thereof, as recorded in Plat Book 9, Page 74, of the Public Records of Palm Beach County,
Florida.
FURTHER LESS AND EXCEPTING:
that portion lying within 33 feet of the center line of 0 ld Military Trail; said center line being the West line of the
Southeast l/4 of said Section 12.
BOC-FS I \402666vO I \C97WO 1_. DOC\4n /06\23455.011000
1/111111 n 1IIIIIIIIIIIIIrll
This Instrument Was Prepared
By:
CF'N 20060~60823
uk BK 20073 PG 0454
khCOkDED 03/17/2006 16:03:21
Pal. Beach County, Florida
AMT 4,000,000.00
Doc Staap 28,000.00
Shar'on R. Bock, CLERK & COJlPTROLLER
rgs 04~~ - 457: (4pgs)
John C. Strickroot, Jr., Esquire
SHUTTS & BOWEN LLP
250 S. Australian A venue, Suite 500
P.O. Box 3555 (33402-3555)
West Palm Beach, Florida 33401
Property Appraisers Parcel
Identification (Folio) Number:
00-42-45-12-05-015-0030 and
00-42-46-12-05-015-0010
WARRANTY DEED
THIS WARRANTY DEED, executed as of the 1itL day of March, 2006, by Kim Van
Lam and Nguyen T. Lam, husband and wife, (the "Grantor"), whose mailing address is 7928 S.
Military Trail, Lake Worth, Florida 33489 to Military Trail Development Group, LLC, a Florida
limited liability company (the "Grantee"), whose mailing address is 1200 South Rogers Circle,
#11, Boca Raton, Florida 33487.
WITNESSETH
That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good
and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, and sold to Grantee and Grantee's heirs
and assigns forever, the following described real property situate, lying, and being in Palm
Beach County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO.
TO HAVE AND TO HOLD the same in fee simple forever.
This conveyance is made SUBJECT TO the following:
years.
1. Ad valorem real property taxes and assessments for the year 2006 and subsequent
2. All other matters of record, including, but not limited to, all rights of way,
restrictions, reservations, covenants, conditions, and easements, but nothing set forth herein shall
operate to reimpose same.
3. All facts that would be shown by an accurate, current survey.
WPBDOCS 7214444 1
4. Applicable zomng and other land use laws, ordinances, regulations, and
restrictions.
And Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has executed this Warranty Deed as of the day and
year first above written.
Signed, sealed, and delivered
in the presence of:
(() . n
~~~i()
Signature of Witness 1
AUt( rCtL-l
KIM V AN LAM
----
lo..',',<2::80.. 8o.V\~~ t
Print or ype name of Witness 1
Signed, sealed, and delivered
in the resence of:
"
~
N E .
{o.{'\~~o.. So\l'\(~
Print or type name of Witness 1
Si
(c ~ L C>...V"
Print or type name of Witness 2
WPBDOCS 7214444 1
/ j' ..
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of March, 2006,
by Kim Van Lam, who is personally known to me or who has produced DR I V61l~ J..1c'St-1Sl;
as identification.
OFFICIAL NOTARIAL SEAL:
db 4JtF~ t#/ (i1::o}
Theresa M. Crowther
(type, print, or stamp name)
Notary Public
Commission No.
, ~ There.. M. Crowther
tJ . My Commission 00296183
''1;,1 Fl(piresApril18 2008
My Commission Expires:
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this & day of March, 2006,
by Nguyen T. Lam, who is personally known to me or who has produced bR1uc=eS LlC.A..fSt
as identification.
OFFICIAL NOTARIAL SEAL:
~~ V116J7J
Theresa M. Crowther
(type, print, or stamp name)
Notary Public
.,"""'~ Theresa M. Crowther
Commission No. \)/,.j MvCommission 00296183
Of" El(pires April 18, 2008
My Commission Expires:
WPBDOCS 72144441
i '
.
Order No: 51248900LA
Reference No: 23455.0 II 000
Exhibit "A"
Tract 15, in the Southeast 1/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County, Florida, also being described as
the Southwest 1/4 of the Southwest 1/4 of the Southeast l/4 of Section l2, Township 45 South, Range 42 East, Palm Beach County,
Florida.
LESS AND EXCEPTING:
2 acres more or less, consisting ofa strip l32 feet by 660 feet from the Northern boundary of Tract 15 of the Southeast 1/4, being the
Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 45 South, Range 42 East, Palm Beach County,
Florida, described as running East from the center of Military Trail 660 feet; thence South 132 feet; thence West 660 feet;
thence North l32 feet along Military Trail to close, as set forth in Deed Book 10 18, Page 145, of the Public Records of Palm Beach
County, Florida.
FURTHER LESS AND EXCEPTING:
the South 25 feet of said Tract 15 abutting and lying North of the platted 15' Road Right-of- Way; said platted Road Right-of- Way as
shown on the Plat of Amended Plat of Sec. 12 Twp. 45 S. R. 42 E. Mary A. Lyman Et AI, according to the Plat thereof, as recorded in
Plat Book 9, Page 74, of the Public Records of Palm Beach County, Florida.
FURTHER LESS AND EXCEPTING:
that portion lying within 33 feet oflhe center line of Old Military Trail; said center line being the West line of the Southeast 1/4 of
said Section 12.
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- , A Julian Bryan & Associates urban design site planning rezoning property analysis market feasibility governmental processing
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FINAL SITE PLAN
GATEWAY TOWNHOMES
PALM BEACH COUNTY, FLORIDA
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