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R02-066 RESOLUTION NO. R02- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE TWO WATER SERVICE ESCROW AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND CLARK E. DAHLGREN AND JEAN DAHLGREN AND CONTINENTAL HOMES; AND WITH WILMER FREDERICK BAUER, TRUSTEE AND CONTINENTAL HOMES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property, is located on the West Side of Lawrence Road, at the intersection with Hypoluxo Road (approximately 27.04 acres) and will consist of approximately 119 single family homes, plus a club house; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and WHEREAS, Clark E. Dahlgren and Jean Dahlgren and Wilmer Frederick Bauer, Jr. ts Trustees are the contract purchasers of the land in question; and WHEREAS, the executed water service agreement will be held in escrow by the City Attorney's Office until and when the property is sold, at which time it will be recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute two Water Service Agreements between the City of Boynton Beach, Florida and E. Dahlgren and Jean Dahlgren and Wilmer Frederick Bauer, Jr., Trustees, and Homes as Contract Vendee, said Agreements being attached hereto and made a Dart hereof. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED thiS ! G day of April, 200J~ CITY. S, ~OF OYNTON BEA H, F~LoRIDA~.....__~ service\Continental Home sX~Dahlgren~rederick l lll iillllllllltllllllllllllllllltiil lllllltlll 05/01/2002 09:03:53 20020221337 OR BK 136&0 PG 1433 Palm Beach County, Florida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made this z~.C:) day of ~ ~ , 2002, by and between JEAN DAHLGREN, TRUSTEE U/A 10/04/89, CLARK E. DAHLGREN AND JEAN DAHLGREN hereinafter called the "Customer", CONTINENTAL HOMES OF FLORIDA, INC., a Florida corporation, hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a munici pal corporation of the State of Florida, hereinafter called the 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, ali parties recognize that. this agreement is valid only upon the occurrence of the Contract Vendee, Continental Homes of Florida, Inc., purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; 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, the Customer, the Contract Vendee and their respective heirs, successors and assigns, agree as follows: The City agrees to provide Customer with water service from its Municipal Water System to service the real property (the "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 ~Z~: ' BOOK 13660 PAGE 1434 = Equivalent Residential Connections which City shall service. The Customer agrees to pay ali 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 arid subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer or, if the said real property has been transferred, the transferee, 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, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the' total actual costs incurred by the City. ,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. 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. 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. ,Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 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 BOOK 13660 PAGE 1435 11. 13. 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 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. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This ^greement 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 transferees, grantees. heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 of local, 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. The Customer, or if the said real property has been transferred, the transferee, 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 Customers obligation under or performance pursuant to this Agreement. 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. Customer hereby acknowledges that it has currently entered into a contract with Continental Homes of Florida, Inc. for the sale of Property conditioned BOOK 13660 PAGE 1436 of upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for ~3r~e~kdevelopment of the Property and other conditions. residential 14. This agreement shall not be effective until and un~ess the Customer transfers legal fee title to the Property to Continental Homes of Ftodda, Ir~c~ or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to Continental Homes of Florida, Inc. or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of Customer shall be automatically transferred and assumed by the grantee named in the deed from Customer conveying title to the Property as aforesaid, .w~emupon Jean Dahlgren, Trustee U/A 10/04/89, Clark E. Dahlgren and Jean Dahlgren, their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. *** ,WITNESS WHEREOF, the parties have set their hands and seals this LO day ~ ,2002. WITNESSES: Name./ /q-_/t4 .~-~,",~.~/ Na(ne: ,./,,/'~ Name: - ~ ~:~ / Name!" CUSTOMER J~n Dahlgren, Trustee UtA 10~04~89 Clark E. Dahigren ~/ Jean 5~hlgren j *** Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if, Continental Homes of Florida, Inc. has not acquired the property by July 22, 2002. BOOK 13660 PAGE 1437 STATE OF FLORIDA ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jean Dahlgren, Trustee U/A 10/04/89, Clark E. Dahlgren and Jean Dahlgren, to me known to be the person(s) described in and who executed the foregoing instrument that they acknowledged before me that they executed the same; that each indi¥iduat are each personally known to me and/or each provided the following proof of identification: ~WITNESS, my hanq[ and official seal in the County and State last aforesaid this _ day of ~A,~L,k..--- ,2002. { ~.g.-.~,, ROBIN pEDR ' WITNESSES: / Name: IO',~7-7-7 L- £ ~ ~ C,_i Notary Public CITY City of Boynton Beach, a municipal corporation of the State of Florida Narn~: G~.o...ht..D F. ; a Title: I'°t ~101" BOOK 13~0 PAGE 1438 STATE Of FLORIDA ) ) SS: COUNTY Of ) 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 , Mayor and ., City Clerk respectively, of the City named in the foregoing agreement and that they severa;l~y acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS mv hand and official seal in the County and State last aforesaid this _ day of ~ -.---_ ,2002. (Notary Seal) ~otary Public Ap'-p't//~edl~ to form: C~'~tto~r~e~,,/' Legal Description Approved: WITNESSES: Name=/: _~. rT./~.r~,W'~ ~:~.,~'~/ CONTRACT VENDEE Continental Homes of Florida, Inc., a Florida corporation Name: Paul Romanowski Title: Division President BOOK 136&0 PAGE 1439 ,STATE OF FLORIDA ) .~.~3~ ) SS: COUNTY OF ) 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 Paul Romanowski, Division President of Continental Homes of Florida, Inc., a Florida corporation, 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; that the !n. dividual waspersonally known to me_or provided the following proof of identification: ~ · ~ WITNESS. r~y hand and official seal in the County and State last aforesaid this _ 1.. ~_'~,_ _ day of lv/~ ,2002. (Notary Seal) DD027417 [i~.~,4._'~. ~-~° MY COMMISSION EXPIP.~ OF ~:~.O MAY 20.2005 Notary I:~blic h:~library~continen\OO6413\dahlgren',document~gr~nent water service-march6.wpd PARCEL A: Exhibit "A" Being a part cf Lots i, 2 and 8, of the amended plat of section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, page 74, Public Records of Palm Beach county, Florida, and more particularly described as follows: Commencing at the centerline intersection of gypcluxo Ro&d and Lawrence Road as now laid out and in use; thence running along the centerline of Lawrence Road, on an assumed bearing of South G2'18~40" West, a distance of ?09.2 feet to a point in easterly extension ef the south line of .said Lot l, and the POINT OF BEGINNING; thence.continui~g South 02" 18'40" West, a distance of 396.0 feet to a point; thence running North 89'59'10" West, a distance of 348.06 feet'to a point; thence running South O2'4S~40~ West, e distance of 9.2 feet to a point; thence running South 89'57'20" East, a distance of 348.12 feet to a point in t. he cent~rline of said Lawrence Road; thence running S~uth O2'~8'40" West, along said centerltne, a distance of 264.0 .~e.et to a point on the easterly eKtension of the South line of said Lot 8; thence running North 89'5?'20# West, alon_g said South kine, a distance of 817.14 feet to a point; thence running North 03"13'30" East, a distance of 1298.2 feet to a point in the South right-of-waY line of L.~.D.D. Canal L-18; thence running due East, along said South right-of-way line, a distance of 455.0 feet to a point; thence running south 02e40 ~ 32" West, a distance of 629.04 feet to a point in the South line cf said Lot 1; thence running South 89"59'10" East, a distance of 345.5 feetto the POINT OF BEGINNING. Excepting therefrom the East 40 feet of the South 669.2 feet for road. right-of-way; ' ALSO being a part of Lot 8, amended Plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida, and · ore particularly described as follow~: Commencing at. the centerline intersection of ~{ypol~xo Road and La~ren~e Road, as now laid out and in use; thence running along the c~nterline of Lawrence Road, on an assumed bearing of South O2-18'40"West, a distance of 709.20 feet to the POINT OF B£GINNING; thence continuing South O2,18 ~40# West, along said centerline a distance of 9.2 feet to a point; thence running North 89~57~20" West a distance of 34~.12 feet to a point; thence running North ~2'45 e'3~" East, a distance of 9.2 feet to a point; thence running south Bg*$9elO~ East, a distance of 348.06 feet to the POINT OF BEGIKNING. ~xcepting th~-refrom the East 40 feet for road right-of-WaY. Page 1 of 3 · BOOK 13660 PAGE 1441 EXHIBIT "A" continued PARCEL B: The South 132 feet of the East ½ of Tract 1 of the Subdivision of the NE¼ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 9, Page 74. PARCEL C: The North 150 feet of the East ½ of Tract 1 of the Subdivision of the NE¼ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded'in Plat Book 9, Page 74: LESS the road right-of-way for Lawrence Road and Hypoluxo Road and Lake Worth Drainage District L- 18 Canal right-of-way and further less the West 7 feet of the East 25 feet of the South 110 feet of the North 150 feet of Tract lof said subdivision as shown on the amended Plat recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. PARCEL D: The South One Hundred Fourteen feet (S. 114 ft.) Of the North Two Hundred Sixty-Four (lq. 264 ft.) of the East Half (E ½) of Tract One (1) of the Subdivision of the NE 1/4 of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of-~he Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 9, Page 74. Page 2 of 3 BOOK 13&60 PAGE i442 EXHIBIT "A" continued PARCEL E All that portion of the east half (E 1/2) of Tract 1, in the northeast quarter (NE ¼) of the MARY A. LYMAN ET AL AMENDED PLAT of Section 12, Township 45 south, Range 42 east, as recorded in Plat Book 9, page 74, Public Records of Palm Beach County, Florida; LESS the north 264 feet of said Tract 1; and LESS the south 264 feet of said Tract 1; and LESS the east 40 feet for road right-of-way. LESS and except that portion taken by Order of Taking recorded in O.K. Book 11768, Page 634 and Amended Order of Taking recorded in O.R. Book 11788, Page 934, Public Records of Palm Beach County, Florida. Page 3 of 3 BOOK 13660 PAGE 1443 IRREVOCABLE SPECIAL POWER OF ATTORNEY STATE OF FLORIDA COUNTY OF ~~~ I, JEAN DAHLGREN, TRUSTEE UtA 10/04/89, CLARK E. DAHLGREN AND JEAN DAHLGREN, hereinafter "Grantee", hereby make, constitute and appoint THE CITY OP BOYNTON BEACH, FLORIDA my 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 (the "Property") which is the subject of this power is described in Exhibit "A" attached hereto. The Grantee hereby acknowledges that it has currently entered into a contract for sale with CONTINENTAL HOMES OF FLORIDA, INC., ("Contract Vendee") for the sale of the Property conditioned upon the Contract Vendee obtaining from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for commercial development of the Property and other conditions. This Irrevocable Special Power of Attorney shall not be effective until and unless the Grantee transfers legal fee title to the property to CONTINENTAL HOMES OF FLORIDA, INC., or its successors or assigns in accordance with the terms of the contract for sale. Upon such transfer of title, this Irrevocable Special Power of Attorney shall be in full force and effect and all obligations hereunder on the part of Grantee shall be automatically transferred and assumed by CONTINENTAL HOMES OF FLORIDA, INC., whereupon Jean Dahlgren, Trustee UtA 10/04/89, Clark E. Dahlgren and Jean Dahlgren their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. The Contract Vendee joins in this Irrevocable Special Power of Attorney for purposes of agreeing to the terms hereof. BOOK 13660 PAGE 1444 of ~ WIT~ WHEREOF, the parties have set their hands and seals this tf) day QA , 2002. . Sealed and delivered in the presence of: Witnesses: ~p~r Nime: JpV~ oS: vlvvAJ2 (J r . q,~. (l ) Nan:;~q;;;;~1~ . ~~ c-5 r:::tt/ N8~: -vGy~~.;y; f(t..(..1I1!- ~1~~refJ~ ().Wl kn~ ) Na~~ II)Z~fl ~ i:u~ Na : Jovt!c e::J,~~ J ~ A. <A~ i) a.J0A{~ J n Dahlgren l' tJ :!l~7tn"..J ) Na : M~( STATE OF FLORIDA ) )SS: COUNTY OF ex ()),Q]A ~ ) THE FOREGOING INSTRUMENT was acknowledged before me thisW day of -\v\O-,L {J..--- ,2002, by Je~tee utA ~ 0/04/89, who is known to me and/or who has produced ~6W as identification and who did/did not take an oath. (Notary . 'q; ~"A:~~ W.M.:~J "~9f.i~~" ROBIN PEDRETTI MY COMMISSION # CC 788354 EXPIRES: 1211)7/2002 ~~~. Notary Public I 800-3-NOTARY Fla. Notary Semees & BondlOg Co 2 BOOK 13660 PAGE 1447 OPINION OF TITLE To: City of Boynton Beach Office of the Director of utilities with the understanding that this opinion of Title is furnished to the city of Boynton Beach Office of the Director of utilities, as an inducement for acceptance of a water service agreement, it is hereby certified that I have examined Title Commitment Number CF- 0452379, issued by Attorneys' Title Insurance Fund, Inc. and First American Title Insurance Company Title Update covering the period from the beginning to January 6, 2001 at 11:00 p.m., inclusive, of the following described property: See Exhibit "A" Attached Hereto. I am of the opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: Jean Dahlgren, Trustee UtA 10/04/89 Owner Clark E. Dahlgren and Jean Dahlgren Owner Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: None 2. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: None 3. GENERAL EXCEPTIONS: A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements or claims of easements not shown by the public records. D. Any lien, or right to a lien, for services, or material BOOK 13660 PAGE 1448 opinion of Title Page 2 heretofore furnished, imposed by law and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. 4. SPECIAL EXCEPTIONS: A. Restrictions, conditions, reservations, easements and other matters contained on the Plat of Amended Plat of section 12, Township 45 South, Range 42 East, Mary A. LYman, et al., as recorded in Plat Book 9, Page 74. B. Easement to Florida Power & Light Company recorded in Official Records Book 649, Page 436. C. D. G. NOTE: Rights of Country Joe's Nursery, Inc., a Florida corporation, as a tenant under an unrecorded lease dated June 1, 1997. Order by Lake Worth Drainage District establishing drainage districts as recorded in Official Records Book 6495, Page 761. E. Subject to the right-of-way for Lawrence Road as now laid out and in use. F. Right-of-Way Deed in favor of Palm Beach County, Florida, as recorded in Official Records Book 3653, Page 529. Agreement between Palm Beach County and Lake Worth Drainage District recorded August 24, 2001 in Official Records Book 12847, Page 1497. All of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party must join in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name Interest Special Exception Number Jean Dahlgren, Trustee UtA 10/04/89 Owner BOOK 13660 PAGE 1449 Opinion of Title Page 3 Clark E. Dahlgren and Jean Dahlgren Owner I, the undersigned, further certify that I am an attorney-at- law duly admitted to practice in the state of Florida and a member in good standing of the Florida Bar. Respectfully submitted this I'-~ day of February, 2002. an E. Rodri uez rint Name Florida Bar No. 0616461 Address: 80 s. W. 8th Street. Suite 2550 Miami. Florida 33130 STATE OF FLORIDA COUNTY OF MIAMI-DADE My Commission Expires: --tb- The foregoing instrument was acknowledged before me this I S ~~~w~f t:-::::uary , 2002 , by ~uan E. ROdriguez, Wh. "Ii i~ perso?,llY ~~ikit ~~a~Jv Public ~ (\Q_c1ef1:1~~!, Print Name If/Irltltt PUBLIC . STAT! OF;]- . I} TINA DEMERCADO .' j: . COf6lISSION # CC753773 .: t EXJ"IRES 9/912002 (: JONDED THRU ASA 1-888-NOTARYt . h,\library\continen\006413\dahlgren\document\opiniontitle-february15.wpd LEGAL DESCRIPTION Exhibit "A" t%' o o :x PAOCEL A: .... W t1'> t1'> S Being a part of Lots 1, 2 and 8, of the amended plat of section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, page 74, Public Records ot Pal1l1 Beach County, Florida, and 1II0re particularly described as follows: COlll1llencing at the centerline intersection of Kypoluxo Ro&d and Lawrence Road as now laid out and in use; thence running along the centerline ot Lawrence Road, on an assUlll.ed bearing of South 02-18140" West, a distance of 709.2 feet to a point in easterly extension of the South line of' said Lot 1, and the POINT OF BEGINNING; thence. continuing South 02 - 181(0" West, a distance of 396.0 teet to a point; thence running North 89-59'10" West, a distance of 348.06 feet to a point; thence running South 02-45'40" West, a distance of 9.2 feet to a point; thence running south 69-57'20" East, a distance of 348.12 feet to a point in the centerline of said Lawrence Road; thence running South 02-14'40" West, along said centerline, IS. distance of 264.0 t"eet to a point on ttle easterly extension !Jf the South line of said Lot 8; thence running North 89-57120" West, alo~g said south line, a distance of 817.14 feet to a point; thence running North 03"13' 30" East, a dhtance of 1298.2 feet to a point in the South right-of-vay line ot L.W.D.O. eanal L-18 i thence running due East, along said South right-Of-way line, 0. distance of 455.0 teet to a point; thence running south 02-40 '32" West, a distance ot 629.04 fee.t to a point in the South lina of said Lot 1; thence running south 89059'10" East, a distance of 345.5 teet to the. POINT OF BEGINNING. Excepting therefrom the East 40 feet of the ~outh 669.2 feet for road right-of-way; . 't) I> Cil m .... ~ UI \Sl ALSO be ing a part of Lot 8, amended Plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat BOOK 9, Page 74, Public Records of Palm Beach County, Florida, and aore particularly described as tollows: Conuuencing at. the centerline intersection of Hypoluxo Road and La\lrence Road, as now laid out and in use; thence running along the centerline of Lawrence Road, on an assumed ooaring of South 02-18 '40"West, a distance of 709.20 feet to the POINT Of" BEGINNING; thence continuing South 02.181.(0" West, lllong said centerline a distance of 9.2 feet to a point; thence running North 89"57 t 20" West a distance of 348.12 teet to a point; thence running North 02.45t3~" East, a distance of 9.2 teet to a point; thence running South 89-59'10" East, a distance of 348.06 feet t(\ the POINT ()F BEGINNING. Excepting therefrolll the East 40 feet for road right-ot-way. Page 10f3 BOOK 13660 PAGE 1451 EXHIBIT "A" continued PARCELB: The South 132 feet ofthe East ~ of Tract 1 of the Subdivision of the NE~ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 9, Page 74. PARCEL C: The North 150 feet of the East ~ of Tract 1 of the Subdivision of the NE~ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 9, Page 74: LESS the road right-of-way for Lawrence Road and Hypoluxo Road and Lake Worth Drainage District L-18 Canal right-of-way and further less the West 7 feet of the East 25 feet of the South 110 feet of the North 150 feet of Tract lof said subdivision as shown on the amended Plat recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. PARCEL D: The South One Hundred Fourteen feet (S. 114 ft.) Of the North Two Hundred Sixty-Four (N. 264 ft.) of the East Half (E ~) of Tract One (1) of the Subdivision of the NE 1/4 of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office otthe Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 9, Page 74. Page 2 of3 BOOK 13660 PAGE 1452 Dorothy H. Wilken, Clerk EXHIBIT "A" continued PARCEL E All that portion of the east half (E 1/2) of Tract 1, in the northeast quarter (NE ~) of the MARY A. LYMAN ET AL AMENDED PLAT of Section 12, Township 45 south, Range 42 east, as recorded in Plat Book 9, page 74, Public Records of Palm Beach County, Florida; LESS the north 264 feet of said Tract 1; and LESS the south 264 feet of said Tract 1; and LESS the east 40 feet for road right-of-way. LESS and except that portion taken by Order of Taking recorded in O.R. Book 11768, Page 634 and Amended Order of Taking recorded in O.R. Book 11788, Page 934, Public Records of Palm Beach County, Florida. Page 3 of3 THIS iNSTRUMENT ~,~EPARED BY JamesA Cherof Esau~re aos~as & Goren, P A 3099 East Commercial 81vd Suite 200 Ft. Lauderdate FL 33308 I llll ~ III Il II II Ii tl ~1 II II! II II Il 1tl ~ 1111 II1 t 1111 05/01/2002 08:48:55 20020221278 OR BK i3660 PG 1215 Pal~ Beach County, Fio'rida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT rr~d~ on, is ~ dayof ./~/'"';// 20 6 ¢3--- bY and between ~4,f'~¢1 ~ /'"~-Ff~c/'' /1~,')~',I.5'~:~/'1 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 junsdictionat 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 nas 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 considerat on of the privilege of receiving water service from tl~e Municipal Water System and the mutual covenants expressed here~n. 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 s owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are /, ~. 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 800K 13660 PAGE 1816 Customer's premises The Customer shall be responsible for ~nstallation ~n conformance with all codes, rules and regulations applicable to the installation and maintenance of water service tines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to ~nspection by the City Engineers. The City shall have the option of either requiring the Customer to pedorm the work necessary to conform the lines or the City may have the work performed on behalf of the Customer. ~n which case the Customer will pay ~n advance all estimated costs thereof. In the event the City nas 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 ~)e used only by the Customer, unless written consent is granted by tr~e City of Boynton Beach for other parties to connect. All connect OhS shall be made in accocdance with 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 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 ~nitiated. 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 here~n. 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 r~or constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running 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 BOOK 13660 PAGE 1217 and all subsequent transferee, grantees heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed t~at the City shall have no liability in the event there ~s a reduction impairment or termination n water serwce to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of )ocat. regional. State or Federal agencies or other agencies having jurisdiction over such matters. Also. ttqe City shall nave no liability in the event there is a reduction. mpa rment or termination of water service due to acts of God, accidents strikes. boycotts blackouts fire. earthquakes, other casualties or other c~rcumstances 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 individual and official capacities) from amd .agams~ all claims, damages, law suits and expenses including reasonable attorneys Cees (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. 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 IN WITNESS WlztEREOF, the parties hereto have set their hands and seals this day of /J~i / ., 20 _0,z?,- WITNESS: "(,~ t~ .~wner) ~..(..~s to o~~ (~s t¢owner) (As to owner) INDIVIDUAL(S) AS OWNER(S): FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in th,,~ ~ou%~, aforesaid to take acknowledgments, personally appeared ,_~/1~¢¢.n 4' K'~/"iC:A /~,;,~...~¢/1 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; that the individual was personally ~nown to me or ~the f~~fica-lo,-. BOOK I36&0 PAGE 1218 Dorothy H. Wilken, Clerk WITNESS .my han, a and official seal ~n the County and State last aforesaid this day of ..,~/z',';t/ 2000?._ WITNESS: 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 Cer~/.. ~r~;r~i , Mayor and ;::T',~n~-(- pr'<f'~-~ '/-,¢ , City Clerk respectively, of thO"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. '/'4WITNESSday of ~'2r'mY hand/./and official se al in the County and State last aforesaid this _ 2oo~._ (Notary S~.:[~-,, ..... ~u-s~s- !1~.,~I~-~ EXPIRES: February 24, 2064 Approved as to form: Notary Public Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERS RV. 1 THIS INSTRUMENT PREPARED BY: aames A. Cherof, Esquire Josias & Goren P.A. 3099 East Commercial Bivd Suite 200 Ft. Lauderdale FL 33308 05/01/2002 08:48~55 2002022127~ OR BK 13~B~0 PG 1219 Palm Beach t]o~'~ty~ Ft~'rida IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF ',~(wt ~_~ 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 ROYNTON 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: The powers and authority of my attorney, THE CITY OF: BOYNTON FLORIDA, t '! Grantee. BEACH. shall commence and be in full force and effect on the z/_-~ day of , 20dot-and the powers and authority shall 9e irrevocable by BOOK 13660 PAGE 1220 day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the , in the year two thousand."-TL~,/C~. Sealed and delivered in the presence of Witness / Witness Witne~'s J - Witness Print name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) TIC,E FOI~EGOING INSTRUMENT w~s acknowledg.,ed~ befo.r.e rr~ th.is '"'/ day NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: POA. IND FRE . i This instrument/prepared by John T. Mul.h&l'l, III, Esq. RUT.HERO, RD, M~.N-~ .RLRY & MU'LHALL P.O. BOX BOCA 'RAT~N, ~ 33481-00.05 CLER~ OF TF,,E COUClT - PO COUNT¥'~ FL Property ~pprais.ers Folio No. 00-43-45-1B-00-000-7150 THIS INDENT.URE, made thio 30th day of April, 1992, between C~RTIS E. SLOP~, JR. AND MAR~ F. SLOPER, his wife, of the County of Pal~ Beach, in the State of Florida, whose post office address is 2024B Natures Bend Drive, Fernandina Beach, FL 32034, parties of the fi=st part, and PATRICK S. ROBINSON AND SHARON R. ROBINSON, his wife, of ~he County of Palm Beach, in =he State of Florida, whose post office address is 3878 Tucks Road, Boynton Beach, FL 33436 pa~ties ~f the second part, WI~NESSETH, That the said parties of the first part, for and in consideration of =he sum of Ten Dollars in hand paid by the sai~ parties of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold to the said parties of the second part, their hears and assigns forever, the following described land, situate, and bein~ in the County of Palm Beach~ State of Fl,.rid&, to-wit~ A par~el o£ land ln the southwest quarter of Section 18, Town~hip 45 South, Range 43 Bast, PAlm Beach County, Florzda, cles~ribede~follows~ Frc~the southwest corner of Se~tion 18, Township 45 S. Range 4~ B., run northerly along thew est boundary of said Section 18, aa icC&nco of 220 feet~ thence run easterly, parallel to the south boundary of Section 18, a distance of 663.09 feet to the point o£beqinning~ thenoe runnortherly, p~ca!lel tot he we.s~ bo~l&ry of Section 18, a distance of 195.0 feet! th~e eester~;y, parallel to the south boundax~ of ' SeG'tiO~C'~8, a distance of 105.0 feet; thence run southerly, parallel to ~be west ,,boundary of Seotion a d~etance of 195.0 ~eet~ thence run westerly, parallel ho the .outhboundary of Sectlon 18, &distance of 105.0 feet to the point of beginning. TOGFTu~R with rights of · forth in Official Record Book 143, PAge 387, T..USS Road Right-of-Way as Deededin.OfficialRecordBook 1892, Page 698. St~JBCTTO~ Sorting, restrictions, prohibitions and other requirements i~posed by govermnental authority, S~p. 19 2001 0~:49PM P4 res%tie,ions and Itteri appearing on the pl&~ or o~herwiie gin to the subdivision and public utility easltl of rIoord. Taxes for the year 1992 and And %he said parties of %he firs% part do hereby fully warrant the ti=la %o Iaid land, and will defend the same againI% =he lawful claims ~ &al p~,~sons wAomsoever. hereunto Iet ~heir han~' and seal the day and year firs~ above ~ed., si.ailed a~d del..ye=ed in tho p~esence of; s name ) STATE 0F ~RI,DA The'foregoing instrument was &cknowledged before me this 30th day of April, 1992 b¥CurtlI E. Sloper, Jr. and MaryF. Sloper, hi~ wife, who are either personally known to me or have produced ~heir driver's li~eniao issued by the~r~ont, ification and who dLd ~t teJ~e......, an oa~h. No~Public~pr£nt name) 1~ colnn~siion expires: -2- CIRCUIT COUR'r THIS NSTRUMENT ~REPAFtED BY JamesA Cherof Esau~re Jos~as & Goren o A 3099 East Commercial Blvd, Su ~e 200 Ft. Lauderdale, FL 33308 I I1 111111111111t1 1111111111111111111111111111 05/01/2002 08:48:55 20020221276 OR BK 13660 PG 1208 Palm Beach County~ Florida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGRE,EMENT,j-nade on this 'L't/'~ ~ / day of /'/' . 20g)~ :)y and between '"~o [/1 ,,~ ~~ ~r'f"i'(..z. ~ ' hereinafter called the "Customer". and the CI~ 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 Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material. labor, nstallation 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 BOOR 13660 PAGE I209 Customer's arem~ses The Customer shall be responsible for r'stallat~on ,n conformance with all codes, rules and regulations aoolicable to the installation and maintenance of water service lines upon the Customer's premtses All such lines shall be approved by the Director of Utilities and subject to insoectior~ 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 t~e City may have the work performed on behalf of the Customer. in which case the Customer will pay ~n advance all estimated costs thereof. ~n 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 ,shaft be used only by the Customer, unless written consent ~s granted by the City of Boynton Beach for other parties to connect. Ail connections shall be made in accoraance w~th 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 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 ~s 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 here~n. 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 serwce shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation ~s intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced hereto is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer B$OK ?3680 P~GE !210 and a~l subsequent transferee, grantees, nears or assigns of Customer shall oe binding on the Customer and all successors and assigns 10. It ~s agreed that the City shall have no liability ~n the event tf~ere is a reduction, mpairment or termination ~n water service to be provided under this Agreement due to any prohibitions restrictions, limitations or requirements of local regional State or Federal agencies or other agencies having jurisdiction over such matters. Aisc. the City shall have no liability ~n the event there is a reduction, ~mpa rment or terminabon 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 inaividual 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. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change ~n this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. ~.,.f¢,,. IN WITNE~;S W~EREOF, the parties hereto have set their hands and seals this day of /-~rh' ! ,200_~._ WITNESS: INDIVIDUAL(S) AS OWNER(S): (As to owner) (Print name),_ " {Print name) FOR INDIVIDUAL(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 aforesaid and in t~e County aforesaid to take acknowledgments, personally appeared :;:~ ~, -+ ~Te,.-t~ _[? r-f-/-c_,,o to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me tha~.~- : ~; -:-; ' ,ividual was personally known to me dr.....j2rgvided .,the following proof of identificat~ BOOK ! 3660 PAGE ~,c,~'~ Dorothy H. Wi lken, Clerk WtTNESS/cy ha/nd and official seal in the County and State last aforesaid this of: (Notary Se~ WITNESS: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ,200 ~ Notary Public '~ dc,, ,'~._ ~.__..~//; ','~ 5'./~* 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 ~_~e'r~_j~¢¢_ 8r0~¢'~4~ , Mayorand :::3-~t~--'/~' ~¢r',~-~'~i'/~o , City Clerk respectively, of the City named in the foregoing agreemem and that they severally acknowledged executing same in the presence of two subscriibing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seat affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. ,.WITNESS my han, d and official seal in the County and State last aforesaid this /<¢~ day of /~r,/ ,200_~- (Notary Se;~'lr.;~:--,: ................ ' ii /I EXPIRES: FCBa~ 24, 2~ Approved as to form: Notary Public Legal Description Approved: City Attorney JAC/Ims 900182 12ll 2/95. rev WATERSRV. 1 THIS NSTRUMENT PREPARED BY: dames A. Cherof. Esquire dosias & Goren P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale FL 33308 05/01/2002 08.~,48:55 20020221277 OR BK 136~S0 PG 1212 Palm Beach Cou~rt~, Flo'~'ida IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~d.. I l,'v~ 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 corrplete a voluntary petition for annexation of the real property described t~erein into t.r~e 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 accomolish annexation by' any available means. The real property which is the subject ,odl this power is described as follows: The powers and authority of my attorney, THE crl'Y OF BOYI~iITC, I~{ .B/EACH FLORIDA, Shall commence and be in full force and effect cn the '&I¢-: dsy of / Grantee. BOOK t3&60 PAGE 1213 day of Wi~ne¢ Witness IN WITNESS WHEREOF. we have hereunto set our hands and seals the . _ ~'") / , in the year two thousand.-f~,-) ~ Sealed and delivered in the presence of ame'_ - Witness Print name , STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) T, IFIE FOi~EGOING INSTRUMENT was. acknowledged before rn,e this ~, day of ,,/:~£," / , 20¢ ~, by ~ ~l~q '¢ ~~ ~ ~r ~ -- -- and · ~ ~re gnow~ tn m, or~e prod~ ~¢_ &} ~ ,¢ ~.- ~&¢_$-¢-O/-~-~s identific~n~id/did ~at take an oat~ NOTARY PUBLIC ~ My Commission Expires: POA. IND Type or Print Name Commission No. THIS INSTRUMENT PREPARED BY James A. Cherof, Esquire Joslas & Goren. P A 3099 East Commercial Blvd. Suite 200 Ft. Lauderdate, FL 33308 l llllllllllllillllllllllltllllllillllllllltllllllltll 05/01/2002 08:48:55 20020221274 OR BK 13660 PG 1201 Palm Beach County, Florida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT, made on this ~_.~ day of., /¢7¢)~-'/~ . 20~ ,"~by end,,between ,, ~'~;/liE) ,~r,,,~ ¢_~,¢__,-,~. ! H-c,,--'IL~,---~,-~, hereinafter called the Customer. and the C¢I'Y OF'BOYNT(~'N BEAC'I-'I, 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 serwce 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 / 5/ 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 BOOK 13660 PAGE 1202 Customer's orem~ses The Customer shall be responsible for installation ~n conformance w~th 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 t2y the Director of Utilities and subject to ~nspecbon 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 n advance all estimated costs thereof. In the event the City has such work performed', the Customer will also advance such additiona~ 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 shalt be used only Dy the Customer. unless written consent is granted by the City of Boynton 8each 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 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, I~ut Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth ~erein. 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. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running 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 BOOK 13660 PAG£ t203 and al~ subsequent transferee, grantees heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It ~s agreed that the City shall have no liability in ttqe event there is a reducbon. ~mpairment or termination ~n water service to be provided under tn~s Agreement due to any prohibitions restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies r~aving jurisdiction over such matters. Also. tf~e City shall r~ave no liability in the event there is a reduction mpa~rment or terminabon of water service due to acts of God, accidents, strikes. boycotts blackouts, fire. earthquakes other casualties or other c~rcumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold r~armiess 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 ~n connection with post judcjment collection) and costs rising out of or resulting from the Customer's obligation under o~' performance pursuant to this Agreement. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this &pO day of ¢¢/-p/3,.l ~" ,200_2- WITNESS: (A~to o~n_er) to owne (As tO ownfl¢~) INDIVIDUAL(S) AS OWNER(S): (Pdnt name) ~Z~,4Y'/'~/--z'~'¢ .)r~ ~~--'2~ (Print FOR INDIVIDUAL(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 aforesaid and in the County aforesaid to take acknowledgments, personally appeared f/~'//,'/¢ * ~ ~,,e,...,/ /v'Y'4~e/,q~'/7'-' to me known to be the person(s) described~ and who executed tbte foregoing ~nstrument that ~e/she acknowledged before me that he/she executed the same: that the individual was p~rsonally known to me or provided the following proof of identification: BOOK i366~ PAGE t204 Dorothy H. Wilken, Clerk )¢VITNESS . ¢2¢",¢ day of' my hand and official seal in the County and State last aforesaid th~s ~ ,,~.,.~¢' ' 200_--2., ! Notary Public (Notary Seal) ¢,I~o~ Barbara ~ BONDED THRU ~OF ~ &TLANT~C BON~IN~ CO.. ~NC WITNESS: 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 ~-~r~/~ 8~'o~ , Mayor and 3"~?- City Clerk respectively, of the C~y named in the foregoing agreement and that tt~ey 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 seat in the County and State last aforesaid this /~¢A day of /¢r?r// ,200_=. (Notary ~--"- ............. 1~ My COMMISSION # CC 913630 '- ',.. ~o,,~ EXPIRES: February 24, 2004 Approved as to form: Notary Public Legal Description Approved: City Attorney JACllms 90O 182 12/12/95.rev WATER S RV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 t t111 If ill il Ill 11 ill 11111 il ill II 1tl il 1111t III II ill t 1111 0510118008 08:48:55 20020221275 OR BK 13660 P6 1205 P~i~ Beach Cou~ty~ Florida IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF t0~ I/We, ~_~ ¥ ~d¢-- ~~,~z~/''' , 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: The powers and authority of my attorney, THE CITY OF BOYNTON FLORIDA, Grantee. shall commence and be in full force and effect on the , 20D.,~, and the powers and authority shall be BEACH. ~2.'''~ day of irrevocable by BO0~ 13660 PAGE i206 IN WITNESS WHEREOF. we have hereunto set our hands and seals the ,,2~ day of /¢~ .., in the year two thousand4 Witness Sealed and delivered in the presence of Print na~ne Witness/ Witness Witness/' Print ~me ~h: t /; ,o 2'. /¢4 ~,~ ¢/~ STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ~ THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of ~ , 200~, by ~ht'/~f~/ ¢~'X /--t~/~/~/-t- and ~ ~//,'~ ~. ~¢n~, who are ~nown to me or who have produced ~/¢~¢~ ~¢,¢~s' L/[¢~s identification and who did/did not take an oath. ~!¢¢e Barbara M.~dden NOTARY PUBLIC ~ ~ ~Commissi~ ¢ 66 760467 ~ ~ Expir~ Jul~ 19, 2002 ~ ~. %~ ONDED~HRU .T e or Print Name o~w ~¢ Commission No. My Commission Expires: POA. IND ¥?JCW~ - RLTLRN FO GATEWAY ]7!TLE Th~sln;trumentPrepar~ by: GATEWAY T[?LE AND ABSTRACT COMPANY, INC, lll N. CONGRESS AVENUE BOYNTON BEACH~ FLORIDA 33426 GT1-6505 ProoerYA~ralser~Parcell.O.(FollolNumber(s): 00-~3-~5-~B-00-000-7200 Grantee(s] S.S.#es): :~49-86-5528 262-15 -0063 BOOK 13680 Dorothy H. Philip J. Lorenz and Ren~ W. Lorenz, his wife J, ereino/ter called U,e grantor, lo Phillip T. Hartnett and Cheryl. F. Hartnett. his wife u,/,ose ,osto[/ice aJdress is 4017 Aloe Path Boyn'con Beach Florida 33436 ~l(,rainafter called [lae 9ranter: Courtly Florida, viz: SEE LEGAL DESCRIPTION ATTACHED SUBJECT TO restrictions, reservations, ,imitations and easements of recore, zoninq ordinances, an~ taxes for the year 1~96 eno suosequenc years ~ise appertaining ~fld t[,e grantor hereby covenants with said grantee ~hat lhe grantor ,s lawfully seized o/ said land fee szmple: t~al the granlor ~as good rzghl and lawful aulhorily lo set[ and convey said land; that the g~anzor ~ereby Fully warrants the tiIb ~o said ~and and will de[end lhe same against the persons whomsoever: and that said land is free o[ all encumbrandes, excepi loxes accruing subsequent December 31. 19 95 firsl aboue ~rillen. ~igned. sealed and deli~ere~ in our presence: ~ Rena W Lorenz .... _ff .... ........... ~ O~ f~O~ FLORIDA . PALM S AC · PAGE 'Wilken, 1207 Clerk :lllliflllllllli Illlll lll lillill lllllllllliJlll 05/01/2002 09:03:53 20020221338 OR BK 13660 PG 1453 Palm Beach County, Flo'~ida AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made this / ~' day of March, 2002, by and between WILMER FREDERICK BAUER, JR. AS TRUSTEE OF THE WILMER FREDERICK BAUER TRUST DATED THE 27TM DAY OF FEBRUARY, 1990, AND AS TRUSTEE OF THE ALICE SPENCER BAUER TRUST DATED THE 27TM DAY OF FEBRUARY, 1990, hereinafter called the "Customer", CONTINENTAL HOMES OF FLORIDA, INC., a Florida corporation, hereinafter called "Contract Vendee" 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, Continental Homes of Florida, Inc., purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; 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, the Customer, the Contract Vendee and their respective heirs, successors and assigns, agree as follows: The City agrees to provide Customer with water service from its Municipal Water System to service the real property (the "Property") described as follows and which Customer represents is owned by Customer; (Exhibit A). BOOK 13660 PA6E 1454 o The Customer and the City hereby agree that there are Equivalent Residential Connections which City shall service. 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 arid subject to inspectio~ by the City Engineers. The City shall have the option of either requiring the Customer or, if the said real property has been transferred, the transferee, 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, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 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. 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. 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. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 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 2 10. 11. 12. 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 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. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running 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 transferees, grantees. heirs or assigns of Customer shall be binding on the Customer and ali successors and assigns. 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 of local, 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. The Customer, or if the said real property has been transferred, the transferee, 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 Customers obligation under or performance pursuant to this Agreement. 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 8,00K ~660 PA6E t456 executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with Continental Homes of Florida, inc. for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for ¢mmm~kdevelopment of the Property and other conditions. residential 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to Continental Homes of Florida, Inc. or its successors or assigns in accordance with 'the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to Continental Homes of Florida, Inc. or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of Customer shall be automatically transferred and assumed by the grantee named in the deed from Customer conveying title to the Property as aforesaid, whereupon Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27th day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27t~ day of February, 1990, their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. *** IN WITNESS WHEREOF, the parties have set their hands and seals this / ~' day ,2002. WITNESSES: CUSTOMER Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27m day of February, 1990 Wilmer Frederick Bauer, Jr. as T~ustee of the Alice Spencer Bauer Trust dated the 27th day of February, 1990 *** Notwithstanding any other agreement, this Agreement will Homes of Florida, Inc. has not July 22, 2002. 4 terms or provisions in this be null and void, if, Continential acquired the property by ~D©K i3660 PAGE i457 STATE OF FE~)~B~, OHZO) ) SS: COUNTY OF ZRANKLIN ) 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, persona~y appeared Wilmer Frederick Bauer, Jr. as Trustee of the VVilrner Frederick Bauer Trust dated the 27t~ day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27th day of February, 1990, to me known to be the person(s) described in and who executed the foregoing instrument that he acknowledged before me that he executed the same; that the individual is personally known to me and/or has provided the following proof of identification: /3j.~WITNESS my hand and official seal in the County and State last aforesaid this_ day of /t4~-~ ,2002. (Notary Seal) VVITNESSES: Name:/~41 Name: City of Boynton Beach, a municipal corporation of the State of Florida ~OOK 13568 PAGE 1458 STATE OF FLORIDA ) ) SS: COUNTY OF ) 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 , Mayor 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 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 ,2002. (Notary Seal) A~j~Ci~ttorney form: / / Notary Public Legal Description Approved: WITNESSES: CONTRACT VENDEE Continental Homes of Florida, Inc., a Florida corporation Name: Paul Romanowski Title: Division President 6 PAGE I459 STATE OF FLORIDA ) ~~:~) SS: COUNTY OF ) 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 Paul Romanowski, Division President of Continental Homes of Florida, Inc., a Florida corporation, to me known to be the person(s) described in rand who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that t~e individual was personally known to me or provided the following proof of identification: WITNESS,rr)y hand and official seal in the County and State last aforesaid this _ day of _/~0,-.. ,2002. (Notary Seal) ta~ ~ L.. '~o'~"5~3--~(Z-- No Public LO.,,,g .y ,e/,./<~ O FFI C, iAL l~,lOT~,clY SEAL ~ MARCY L POWF-I~ ~ DI)327417 ~.~,~, ~,~q.~ COM MIS~ICN NUMBER / OFF,O MY COuMIS~ION EXPIP'F-~ MAY 20.2005 h:~li~inen~:~6413',~auer~<3cum~ent water service*mamh6.wp¢l EXHIBIT "A" Being a part of Lot 2, amended plat of Section 12, Township 45 South, Range 42 East. as recorded in Plat Book 9, Page 74 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: Commencing at the centerline intersection of Hypoluxo Road and Lawrence Road as now laid out and in LlSe; thence running atong the centerline of said Hypoluxo Road on an assumed bearing of due West, a distance of 796.2 feet to a point; thence running South 03°-13'-30'' West, a distance of 80.14 feet to a point in the South line of L.W.D.D. Canal L-18, and the POINT OF BEGINNING, thence continuing South 03°-13'-30'' West, a distance of 1298.2 feet to a point in the South line of said Lot 2; thence running North 89°-57'-20'' West, along said South line, a distance of 206.01 feet to Southwest corner of said Lot 2; thence running North 03°-26'-00'' East, along the West line of said Lot 2, a distance of 1297.88 feet to a point on the South right-of-way line of L.W.D.D. Canal L-18; thence running due East, along said South right-of-way line, a distance of 202.11 feet to the POINT OF BEGINNING. H:\Iibrary\CONTINEN\006413~bauer\document\Exhibit A.wpd IRREVOCABLE SPECIAL POWER OF ATTORNEY STATE OF~--,/.O~I~ OHIO COUNTY OF FRANKLIN I, Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27th day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27th day of February, 1990, hereinafter "Grantee", hereby make~ conStitute and appoint THE CITY OP BOYNTON BEACH, FLORIDA my 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 (the "Property") which is the subject of this power is described in ExMbit "A" attached hereto. The Grantee hereby acknowledges that it has currently entered into a contract for sale with CONTINENTAL HOMES OF FLORIDA, INC., ("Contract Vendee"') for the sale of the Property conditioned upon the Contract Vendee obtaining from the Palm Beach County Board of Commissioners 'and/or other municipal agencies' zoning approval for commercial development of the Property and other conditions. This Irrevocable Special Power of Attorney shall not be effective until and unlless the Grantee transfers legal fee title to the property to CONTINENTAL HOMES OF FLORIDA, INC., or its successors or assigns in accordance with the terms of the contract for sale. Upon such transfer of title, this Irrevocable Special Power of Attorney shall be in full force and effect and ali obligations hereunder on the part of Grantee shall be automatically transferred and assumed by CONTINENTAL HOMES OF FLORIDA, INC., whereupon Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederiic, k Bauer Trust dated '/he 27t~ day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated tihe 27t~ day of February, 1990, their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. The Contract Vendee joins in this Irrevocable Special Power of A;~torney for purposes of agreeing to the terms hereof. ~OOK i3~ ~AGE !462 of IN WITNESS WHEREOF, the parties have set their hands and seals this /~]-day ¢'4,4'~-.-N~ ,2002. Sealed and delivered in the presence of: Witnesses: Name: ~ Name~.-[-~ Name: _.4~.~. ~ Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27th day of February, 1990 Wilmer Frederick Bauer, Jr. as Trustee of the Alice Spencer Bauer Trust dated the 27"' day of February, 1990 STATE OF E433RH3~ OHIO) )SS: COUNTY OF FRANKLIN ) THE FOREGOING INSTRUMENT was acknowledged before me this ./$~---day of /t/t~ ,2002, by Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27th day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27th day of February, 1990 whb is known to me and/or who has produced as identification and who i take an oath. :,~;~ '~:,~,~.~. (Notary Seal) ~.' ' '_-~ Witnesses: Name: Continental Homes of Florida, Inc., a Florida corporation Name: Paul Romanowski Title: Division President 2 BOOK 13660 PAGE ta63 STATE OF FLORIDA ) COUNT o. I ~,, THE F~OREGOING INSTRUMENT was acknowledged before me this ~!,'t.~edn~ of /~\ ,~'~ ,2002 by Paul Romanowski, as Division President of Home~.of Florida, Inc., a Florida corporation, on behalf of the corporation. He/She is known to me and/or has produced --" a"-~' ~i~'~-and who did/did not take an oath. (Notary Seal ~,~y ~00~ OF~(~I.,MARcy~T~YL ~S~ ~ ~ ~MI~N~B~ D~417 ~Y ~M~ ~I~S O~ r~O MAY ~,20~ Not Public h:~lib~ntinen~.O(~6413',,baue~'~cumenftirrevocable power attomey-marcfl6.wod 3 BOOK 13660 PAGE 1464 EXHIBIT "A" Being a part of Lot 2, amended plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: Commencing at the centerline intersection of Hypoluxo Road and Lawrence Road as now laid out and in use; thence running along the centerline of said Hypoluxo Road on an assumed bearing of due West, a distance of 796.2 feet to a point; thence running South 03°-13'-30.' West, a distance of 80.14 feet to a point in the South line of L.W.D.D. Canal L,18, and the POINT OF BEGINNING, thence continuing Seuth 03°-13'-30" West, a distance of 1298.2 feet to a point in the South line of said Lot 2; thence running North 89°-57'-20'' West, along said South line, a distance of 206.01 feet to Southwest corner of said Lot 2; thence running North 03°-26%00" East, along the West line of said Lot 2, a distance of 1297.88 feet to a point on the South right-of-way line of L.W.D.D. Canal L-18; thence running due East, along said South right-of-way line, a distance of 202.11 feet to the POINT OF BEGINNING. H:Uibrary\CONTINEN~006413~bauer~docurnent~.xhibit A. wpd