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R05-015 l~I{lp ,t) ~~,I;~ ~t1.t~~ t~;~Y (~:;~ .tu L.. UC;fi\',(;;/ bSaCn l:5!vd. Soynton Beachj FL 33435 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 -~ / () . 11111111111111111111111 HI ~ 1111II111III CFN 20050323782 OR BK 18644 PG 1306 RECORDED OS/26/2005 09:43:38 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1306 - 1314; (9pgs) RD5 -0,5"" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this day of ,200 , by and between Sfeuefl.. fA. ~. L~n~ M 'Pi I c---;:- hereinafter called the "Customer", and the CITY OF BOYNTON EACH, a muruclpal corporatIOn of the State ofFlonda, heremafter 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 M Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 II 1 RESOLUTION NO. R05- 015 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENTS FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANTS FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND RESIDENTS OF 9 THE AVONDALE PINES SUBDIVISION IN 10 CONNECTION WITH THE CONSTRUCTION OF A 11 WATER SERVICE DISTRIBUTION SYSTEM WITHIN 12 THE SUBDIVISION BY PALM BEACH COUNTY; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the Avondale Pines subdivision is located outside ofthe City limits, but 17 within the water and sewer service area of the City of Boynton Beach and is bounded to the 18 North by Aladdin Avenue, to the south by the C-16 Canal, to the east by Sand & Sea Mobile 19 Home Park, and to the west by Lawrence Road, in Palm Beach County, Florida, as more 20 particularly depicted in the attached Exhibit "A"; and 21 WHEREAS, the subdivision includes approximately 262 single-family homes, all of 22 which are currently on private wells for their water supply, and septic tanks for on-site 23 treatment and disposal of sewage; and 24 WHEREAS, Palm Beach County is funding and constructing a water distribution 25 system to serve the Avondale Pines subdivision, which upon completion will become the 26 property ofthe City of Boynton Beach; and 27 WHEREAS, the City Commission of the City of Boynton Beach finds it to be in the 28 best interest of the City to authorize the City Manager to administratively review and process 29 in accordance with applicable sections of the City's Code of Ordinances, the large number of 30 water service agreements that will be necessary for those single-family homes in Avondale 31 Pines connecting to the City's water distribution system; 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO\Agreements\Water Service\Avondale Pines Global Water Service Agmts rev l.doc II I THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section L The foregoing "Whereas" clauses are hereby ratified and confirmed as 3 being true and correct and are hereby made a specific part of this Resolution upon adoption 4 hereof 5 Section 2, The City Manager is hereby authorized and directed to administratively 6 review, approve, and execute Water Service Agreements between the City of Boynton Beach, 7 Florida, and the individual owners of the single-family residents located within the Avondale 8 Pines subdivision, as depicted in the attached Exhibit "A", Prior to execution of a water 9 service agreement pursuant to this Resolution, City staff must determine that the application 10 and water service agreement are complete and satisfy applicable sections of the City's Code II of Ordinances, and the City Attorney's Office must approve the legal form of the water 12 service agreement 13 Section 3, This Resolution shall become effective immediately upon passage, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PASSED AND ADOPTED this ~ day of February, 2005. CITY OF BOYNTON BEACH, FLORIDA ~ml lOner , (". Commissioner ervice\Avondale Pines Global Water Service Agmts rev] .doc ImmlmmB~mm~~IIIIBm~11111 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale,FL 33308 CFN 20050207610 OR BK 18391 PG 1913 RECORDED 04/11/2005 11:13:14 Palm Beach CountYt Florida Shar'on R. Bock, CLERK & COMPTROLLER Pgs 1913 - 1920; (8pgs) RC5-01~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ day of:m~ , 200 ~ by and between CuRlS-TINE M. Hol2lJ 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 ofthe 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 ofthe property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration ofthe 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 descnDed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are J:iL Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confonnance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 applicable to the instaJlation and maintenance of water service lines upon the Customers premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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. Cllstomer 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 il1forel 2.,"!Y ,....ld all assigns or purchaser_ of any c.~ part~'f tl-js p.: '_'p!::rty of this covenan~ 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 tIie 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. 2 9. Annexation is intended to be and is hereby made a covenant rurihing with the land described in paragraph 1 above. This Agreement and the power of attomeyreferenced herein is to be recorded in the Public Records of Palm Beach County, Florid~ and the Customer 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 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. ~ 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. ..r::, IN WITNESS WHEREOF,)be parties hereto have set their hands and seals thiso( "" dayof P~~-cr -,200,'J" " .... WITNESJj . _' ~IVID~AL(S) AS OWNE. R(S): ~ 'di.~ ~<<N5Yv;/I!)~ ~i~S Signature L- Owner Signature' ) +v^("~~ L ~,--JC1~/ eft Pvf ~r1N6 /f1. J~~;J Printed Witness Name Printed Owner Name . ~'/1\. d/fJLlL/~ ~tness Signature ~. v-- .- ])on flt\. fY\. V iJJ~ (/ /n () \ Printed Witness Name 3 jJ(/7 Owner Signature (A- bS ~. Itness SIgnature / Printed Owner Name iD~ l)OV\ fltA. fh. j) ~()/ '1)0 Printed Witness Name FOR INDNIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNlY 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 t{1ke acknowledgments, personally appeared ~ jf 14 So r (~ E" ~.)~ tW. to me known to be the person(s) described in and who executed the foregoing instru1fieiit that h~wledged before me that he/~_executed the same; that the individual wsS]t8l"SQI)!'ll1y known to me.-or provided the following proof of identification: ~ WITNESS my hand and olJicia! sea! in the County and Stale last aforesaid thisd;l- dayof . --.:::t=-~f!) /lc J ,~'\ k ' 200 j " (Notary Se ' ~~Q~~:'Y';~8,;.~ '" .-* ~.... _...f>~ '~.Off'U'" MARY SlElN MY COMMISSION # DO 015750 EXPIRES: April 5, 2005 Iklnded Thru Budge. Notery Service. WITNESS: ~~ CITY OF BOYNTON BEACH, FLORIDA rt;;rfw' ~>~(s) ST: .~ ~~. 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared --e /2/l Z Or' Mayor andj;(/J f I /11 ' If a "17 -10 , City Clerk respectiv , of e 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 thisJ c;- a\'dayof }1~ , 20~-- (Notary Seal) "\1111',, Barbara M. Madden "c<o.1PIl" l"'~~~\commission # DD125274 ~.~( ~: llXpUes JulY 19.2006 .~. Ie:,:: ...... ......-. -:..,.).~ ~~ Bonw::u. ~J,U'-A ",.,f OF P-:?-iZ'" AJ:lantic B . g Co.. Inc:. Approvoo i}jZ' L-- '7;1f?:/fut; . Ik r City Attorney ~,-~.ft<~ Notary Public , \ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire Joslas & Goren. P.A. 3099 East CommeIcial Blvd. Suite 200 Fl Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~ fYv fY\, p..c ~tI , I/We. e A(U '\I(,J..[ /Y'l I~(~J hereinafter "Grantee". hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful C3ttomey 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: 00 -4~ -t.f~- (i-O;Z - 0/2- _. O~~~ ( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and he in full force and effect on the c3:2.. day of f4 r q~) . 200{ and the powers and authority shall be Irrevocable by Grantee. \ :t~~~00~ -=\- './'0\ 'V\. Ir c'? c.. J 01 2 ~ Pr"nted Witness Name ~,t+ IL, 5 //p-1 ~ 'f1'\ . Printed Owner Name r-... i/\ /1. m /'- I /U -\ U , n 0 -::DO Vi, aY'- . U /14' Printed Witness Name ,)0 Witness Signature' Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name 3TATi: O~ FLOf{IDA ) ) ss: COUNTY OF PALM BEACH ) . . ~L ~,HE FOREGOING INSJRUMENT w s a. C",k,~O" wledged before me this, day ~--j:L~ " 20 6~. by , _ ~-. ~ , / ~ I ,and. , ,',~, .~h, are known to, me 0 ''\who have produced . . as IdenUnW:ltiul. and \vho didfdKf noHake an oath. 3~~~' , NOTARYPU~ -. . . -/hAeY SrclJ Type or P~nt Name My Commission Expires: POA.lND ,,~~, ~~ MARY STEIN ..M...... MY COMMISSION #, 00015750 ,. if EXPIRES: April 5, 2005 ~~ " ~ ....11lNBudgotN.-ys..- .... \ j in. :=: 172.1 feet ~ 0091 0010 0090 0121 01 1)1 f)0010 0031 0070 0101 0131 0161 0191 0221 / 0132 0060 0191 0160 0481 0450 0411 0381 0361 0321 0291 0260 -av.... - 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 I- - 7" f'_ ~' ~ -I- lL.- A-v - - .. ..... ... " ~.~ ....~ 0130 0060 0191 0160 0481 0460 0411 0361 on1 0280 0260 ~ 0090 I , 0010 0091 0121 0010 0031 0010 0101 0131 0161 0191 0221 0120 0060 0191 0160 0481 0460 0411 0381 0361 0321 0291 0260 ~' 0150 II .a.V ~ 0090 0010 0090 0121 0151 0021 0051 0091 0121 0161 0181 0220 0050 h 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 a: ~... "' "lJUI'U 1070 "VI'IO \ 1.IUO 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 ------ 0130 AUF. Location Map 1 I - Exhibit "A" ~IIIII . u-IIII 11~lmn~IRI~I~mlmRlmnIRI THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale,FL 33308 CFN 201;?l5Qli207 ~:12=:, OR BK 18391 PG 1706 RECORDED 04/1l/200~) 11 :08:32 Pal. Beach CountYt Flor-ida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1706 - 1715; (10pgs) 'R05 -015"" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TmS AGREEMENT made on this ~ day of ~d,'LCL , 200~ by and between :Do tJrJfl M, 'J)' At7J tJ I tLJ 0 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 o fits jurisdictional limits on annexation ofthe 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, 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. 1 " TO: APPLICANTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS (SINGLE FAMILY HOMES) FROM: CITY OF BOYNTON BEACH UTILITIES DEPARTMENT RE: WATER SERVICE AGREEMENTS 1. Please sign the agreement (on p. 3) and the Power of Attorney form 2. Have your signatures witnessed and notarized 3. Attach a survey and legal description (LABELED EXHIBIT A), or provide the property control number. 4. Provide the name and address information requested below. 5. Return all documents to this office. NOTE THAT OUR OFFICE WILL NEED AT LEAST ONE WEEK'S REVIEW TIME TO PROCESS THIS APPLICATION, PRIOR TO US SCHEDULING IT FOR THE CITY COMMISSION MEETING. THE TIME SCHEDULE IS THEREFORE AT LEAST 3-4 WEEKS FROM DATE OF SUBMITTAL TO DATE OF APPROVAL, DEPENDING UPON THE ACTUAL DATES FOR COMMISSION MEETINGS. (TIlE COMMISSION MEETS ON THE 1 ST AND 3RD TUESDAY OF EVERY MONTH} Sincerely Peter V. Mazzella Deputy Director of Utilities Owner Information Owner's Name: ])oNtU/J m. .D';q6(tJl Nd MailingAddress: 3S'7{P (2tN:~7..El.:35 4vG". I3tJYN17J;V &~ ~L 33~3~ No. & Street, / City State Zip Code Telephone No. 5h / . 7 '-1.2.. '-I Y 5' '7 Property Information: Address: - 5',:/ /?'1 € /l S ,.q 1.5" v G"' - No. & Street City Slflte Zip Code Property Control Number (pCN) 00 -'-:f 3 -1../)- )9- CJ2-{)/ 3 - 0/0/ applicable to the instilllation and maintenance of water service lines upon the Customers premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 alllZ:;osigns or purch&ers of .:lIY 'Jr part of this property offris covenant and ,:>fthe 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 Iorth herein. The Customer acknowledges that the consideration of initially connecting to tlie 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. 2 9. Annexation is intended to be and is hereby made a covenant runlring with the land described in paragraph 1 above. lIDs Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florid~, and the Customer 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 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts ofGo~, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th<: 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No addition3I 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. ~ ~~ESS ~~reParties hereto have set their hands and seals this 1L day of WITNESS:_ . r.}' . ~UAL(S) AS OWNER(S): ~ ~.,~~ In ~ : n. . /JI~ . s Signature Owner Signature , (If/f( i Jl(tJe. ,Ill ./~M ])O/l/;U/l 41. J):44Ju,'Ntf :7~: ~0?UlV Printed OwnerNmne Witness Signature ---7 I-k ![o13f31AI 'OJ-m/l Al Printed Witness Name \ 3 L~.I/~ 'tness Signature ;j;:8fi/"u ffi,LM4,J Printed Witness Name r-J ( IX Owner Signature Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOT ARIZA TION: 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)(1 0 u ft /V\. JJ (A.. Cf l< ( rJ (I , to me known to be the person(s) described in and who executed the foregoing ins~~cknowledged before me that hel~executed the same; that the individual w ~sonally known to or provided the following proof of identification: . /'7 dayof ~ / WITNESS my hand and o~al seal in the County and State last aforesaid this ~ y121l4 CK ry, ' 2000 (NotafSe~~," ~~:;:.~~~~ .0 .......~ CHRISTINe M. HORN otary Public L ...~ * MY COMMISSION I DO 385863 ~~~ EXPIRES: FebruaIy 4,2009 ~OFF\.~ Bonded Thrv &.lget ~ 8fM:ee WITNESS: /1,dLll.~ A. I ~ QC)<U)-^~ .~ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State af~resaid and in the County aforesaid to take acknowledpents" personally appeared T t'12 fie; 7 d;; / d I( , Mayor and J ant" f /h, t:.H / /7 / ~ C) , 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 -:! y f"j{ day of f'1t {f /2-C' h , 200~'--- ~~f- I~, Jvt ~-< Notary Public , \ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire JosIas & Goren, P.A. 3099 East Commen:ial Blvd. Suite 200 Fl Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF (J,4L/Yl g~/}C J-I 1/\fj6: DoIIINA m. .0 19 Q tJ I/V (.) , 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, niaintain, 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: I OD - L{ 3 - 't~ - l q - 0;(. - 0 {3 - 0 I 0 { The powers and authority of my attorney. THE CITY OF BOYNTON BEACH. . IDA. shall commence and be in full force and effect on the -4- day of ~ 20 6( and the powers and authority shall be irrevocable by Grantee. IN ~TNESS WHEREOF. we have hereunto set our ~ands and seals the / J day o~r (((Ii r ' in the year two thousand and (J S . Sealed and delivered in the presence of tJ:i:~\!P) ~h . ;Jv.4~ . ess Signature ~ , 0 er Signature 7 -I. '- (1111 51fAJ c fl1, tfo/."j 1:trn ~ rf1.]) ~J i fl 0 Printed~ ~~ Printed Owner Name . ~ Signature !fog 8//11 )/o.Ltn,.q,,/ Printed Witness Name ~h. /J(~ o er Signature - , '})<JVIY1e-.. rn. b Yf.Cpv/"'h 6 Printed Owner Name Witness Signature' Printed Witness Name Witness Signature Printed Witness Name 8T A"j-E OF ~'i.0RIDA ) ) ss: COUNTY OF PALM BEACH ) " , JI'IE FOREGOING INSTRUMENT :""as acknowledged before me this ./1 day of/", ...JjJJJ:y Q.( t · 20 615; by . ~ n.. IY A 0 tJ ,-.) J and. r , ,',' ^) 111_ , who, are- _, ' " ,roe or' who have produced ' I , as identificatton" aria who did/did noHake an oath. .~ /~ ~...'":.V,;~,<,<, CHRISTINE M. HORN .' , fAY CLlMI.!ISSliiN' DO 385883 * " .. ii" ~XPIRES: F\lbruary 4, 200lI ~~OFFCO~<> BOllo.o T.nru Budget NoIaIyServloll fJ/) J..h, My Commission Expires: POA.lND ",rlAVI't!.. _ <P ..... _~ ........1ItI; ... HORN ....~ . MY COMMlSSKlN, 00385883 , ~~..' EXPIRES: F8bruary 4, 2008 "~1IFP.df-~ IloIided ThnlBudgtl NcIIIry 8IIvIcII 'f . ... i .1 in. = 180.5 feet - AL 1 0091 0010 0090 0121 ~ D10oo10 0031 0070 0101 0131 0161 0191 0221 I ~1 0132 0060 0191 0160 0481 oao 0411 0381 0361 0321 0291 0260 .a.v 51 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 iTO 0130 0050 0191 0160 0481 0450 0411 03111 0361 0321 0280 0260 ~ 0090 .J 1 0010 0091 0121 0010 0031 0070 0131 0161 0191 0221 ! ~137R t~ ~ ~ A... Ir",: ~ ~ l:t 0120 - ~ .." ~ ~ 170 0060 0191 0160 0481 0450 0411 0381 0361 0321 0291 0260 0150 JnII r l60 0080 0010 0090 0121 0151 0021 0061 0091 0121 0151 0181 0220 0060 131 0132 0191 0161 0162 0460 0421 0391 0381 0331 0300 0260 0010 .a. ".. I -uulIlI 0010 ~~ 1:zcr- 0010 0090 0121 0010 0031 0111 0141 0181 ~ 0071 0221 - 0130 . AUF 0 I - ..--~.. ,--- I I T 1 Location Map - Exhibit "A" r f\2il . ..Jff Palm Beach County Property Appraiser Property Search System Page 1 of2 fi~~~:~~ t.1,~.\ ,ro1iHt..."ppralisIH s P~bIIC ",:cen S','st(orr) I tt:F~i. :r,j ~"II ""'t., . ." I' 1-.: ... f (f t' -""f,[ I"", ..~ ~ .: '0 ,. . Ii. ~d ' r,.. :- ~ -,' AJt:I'~ ~~ i ~ ~ 1 ~ . ~ 411111iU 1';;:, i; ',. ,. I Property Information Location Address: 3576 COELEBS AVE ~IIP.Ii&.J legal Qescription: UNINCORPORATED 00-43-45-19-02-013-0101 WEST BOYNTON PLAT 2A 10966 Page: 1578 Sale Date: Dee-1998 WEST BOYNTON PLAT 2A LT 10 (LESS W 0.5 FT), LTS 11, 12 a. W 1 fT OF LT 13 BLK 13 A/K/A AVONDALE PINES UNREC Municipality: Parcel Control Number: Subdivision: Official Records Book: Owner Information Name: DAQUINO DONNA M Mailing Address: 3576 COELEBS AVE BOYNTON BEACH FL 33436 2704 ~~d Sales Information Sales Date Book/Page Price Sale Type Owner ~.....""",.I Dee-1998 10966/1563 Dee-1998 1096611578 Jan-1980 0.)240/0187 $97,000 REP DEED DAQUINO DONNA M $100 QUIT CLAIM $71,200 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2044 Acres: 0,17 Use Code: 0100 Descri ptio n: RESIDENTIAL ,. in residential properties ntay indicate living __. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 20Q_:J 2.002 Assessed Value: $97,66 95,84 $93,60 ~ Exemption Amount: $25,00 25,00 $25,00 Taxable Value: $72,66 70,84 $68,60 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the brOW8er to print the http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=OO434519020 13... 3/1 4/2005 III~IIIIIIIIIIIIIIIIIII THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050207600 OR BK 18391 PG 1861 RECORDED 04/11/2005 11:11:40 Pal. Beach County, Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 1861 - 1868; (8pgs) 'K05-015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CTIY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEME~T made on this ,g5 day of -1YJ~ ,200 5 ,by and betweeI] honk A. aryl fY!;n,P.,Fn'1e a(};;J~pr hereinafter caned the "Customer", and the CTIY OF BOYNTON EACH, a mumclpal corporation of the State ofFlonda, heremafter 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 ~tomer 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, 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 confofll\ance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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. Cllstomer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to 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. 2 9. Annexation is intended to be and is hereby made a covenant runmng with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. ~ 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. , 1:, IN WITNESS WHEREOF, the parties hereto have set their hands and seals this c.1!3ffl day of R!Waey--~ ,20~ WITNESS: {. IL f. / vCtf/ '-' 1 :/?-&-t~l;... itness Signaturz ~'JII) t'- :'1) . ' - ; ,: i- U Printed Witness Name INDNIDUAL(S) AS OWNER(S): ::~~;I~4L- o er SIgnature ha (') J< j), aU'", 11r:> r . Printed Owner Name (j~~l ~4L ~ {L/l')4n ItnesS Ignature Ch""':>"t()phe r- A .\..t.J~h~ s Printed WItnesS Name 3 ~k?j:L t~~~ ~s Signature :J :;;/1' \}..)(<"L-. Ii' ) /i~"; ,-,'J Printed Witness Name Y1~ c-J'Lfi~J , .(;; Own Signature 11ff)~/'€/ ;:;"Ie (/",rrl ne, Printed Owlier Name fr.~+-Ip~ J ~~ LWitness Signature Ch'l~f()bhe(' A. WJG hPs Printed Wi ess 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 the County afor~s~d to take ac owledgments, personally appeared ::- I. to me known to be the person(s) described in and who executed the forego g instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: ~~;35- jtf- 5-+ ~ 0"31- 0 . ~t~)36.- to -0 Y5 - II I - 0 WITNESS my hand and official seal in the County and State last aforesaid this~ day of fF\)l 1aK- Ll ,....... , 2001r ,..,~~~;~~~~~,....-, PAT~iCl!\ REGINA KINDER .>..X~(~,'''' Notary Pub!;c. State of Florida ~:.1 MyCommi;:;bnExpi'2sDe-:22.200i \~; ~~! Commission Ii DO 276915 ',f,.'ff.r.\'t.' Bonded By Notional Notary Assrt ~~,;uh-r~ Notary Public WITNESS: :;P~ c.~~ CITY OF BOYNTON BEACH, FLORIDA (\>...1<:100 "T ~ f2 l-V~ No ~-ol<;;;~ ' ~ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ,--J -c J2 fl~TIf-I /0 Il- , Mayor and 7 -rU7 ("I- /IJ. /;2Q' /I ' f (j , City Clerk respectiv ly, of tHe City named in the foregomg 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 d "/-.("'~ay of t~vi,-- , 200~ (Notary Seal)"'~\~Wf!',, Barbara M, Madden ':-c$'~V~' f ~/'c ""'~\ Comm1ssion # DD125274 ~~'..A/i'E Expires July 19, 2006 "';;"~~'. 'i'i.~~'':- Bonded Thru '11'"",,, Atlantic: Bonding Co., Inc:. Approved as to form: ./ 7}k~~ I~f- City Attorney ~~,L frt~ Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Jos/as & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF y2 / /Y) j]f7n~ h I/We, hanJ! /l, Q nc! t/';.,'nrue./ h~f (Jnrdl\er, 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 w~ich is the subject of this power is described as follows: ~6-SS-.:Do rri f Ave... >8o(.I')lon Meoch) ;:::J.- -634J~ PeN 00 43 L.J5"" Ie; CJ~ tJI3 () 3-5/ The powers and authority of niy attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ 8 day of ~ }UiJG 1 ,20~and the powers and authority shall be irrevocable by Grantee. ~JL~ Wi~ss Signature /' IN WITNESS WHEREOF, we have hereunto set our hands and ~eals the ~ day of J:f:~bLBI?-l{--, in the year two thousand and J?,~e--l Sealed and delivered in the presence of /:L;,-47 (~~J~ / Owner Signature hanK ;; c;~r~ner Printed Owner Name ' I(jAn~~~ J (k1"" LWitness S gnature t;hrfs/tJj)h~r A- J/iJ6ht:'" 1 rinted Witness Name ~ 1 '~' t~nE~ ,g~ " Witness Signature 1;;fl)~//I) ~"'S/G.> Printed Witness Name ~ ~,t,{-~;,.J Own Signature ' 4m2"', hi{e arr/nPI Pri ted Owner Name /I iY-i Itl' ~1. 9J flAA. < ~ Witness Signature Chrl ~ fa j?J..,i>r jJ. .J-I.J 6 h~'\. Printed Witness Name STATE OF FLORIDA ) } ss: COUNTY OF PALM BEACH } THE. FOREGOING INSTRUMENT was acknowlecwed before me this dB1!!. day , 20.05: by hank fl, ~rdl1Pf ' and, r , who are known to me or who have produced , as identification and who did/did nottake an oath. . 'fd:i1~ A '.(}1l&/l bI9-lA~Yf~BLlS 6'- I~I K- ~'CJ~ ~ .__I~e Type or Print Name ' Commissiori\N6. 'OD.Q{ 'lLoq'1 ,,5 My Commission Expires: IQ-~C). -0'1 POA.lND "m~~~~""'" PATRICIA REGINA KINDER l~ . ~t>\ Notarv P~~IiC- Sl,ote of Florido : . .: MIl COI1'TT'o6SiOn Expres Dee 22. 7JXJ/ \~ gi Commission.J DD 276915 ..':t,?f.f,\'t-'- eonded By Notional NolO/)' Am, .' 0010 0090 0121 a b1100010 I 0031 0070 0101 I 0131 0161 0191 0221 I I I 1 in. = 203.5 feet , 0010 0191 0111IO 0481 \ o.go 0411 0381 0.1 0321 0291 \ 0280 I I I I oe21 0061 0091 0010 0090 0121 'r 0010 0031 0070 0101 0131 0161 0191 0221 1 0201 0170 0130 OOGO 0191 01110 0481 0410 0411 0381 0351 0321 0280 0280 00901 - ~ 1 0030 0060 0010 00111 0121 0010 0031 0070 0101 0131 0161 0191 0221 0120 -,I =. ~ ~1 0190 0170 00110 0191 0160 0481 04110 0411 0291 0260 0150 I o 0021 0010 31! 1 irlvE 0220 0060 0090 0090 0121 01111 55 n~ ~r1r 0050 111 0191 0131 0132 0191 0161 0162 0480 0421 0381 0361 0331 0300 0280 0070 I __IfU 0070 \ U"f10 I r.o 0031 IVT.lU 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 i " I l - 0130 II -~ 3010 0110 0140 0170 0020 00110 0110 0140 0170 0220 0090 0010 0240 0191 0182 ... 0370 0350 0320 0290 0260 0230 3010 0011 0010 0110 OUO ooeo 0110 0140 0170 0200 0080 OOGO 0240 0210 o;J40 Location Map - Exhibit "A" 11111 ~11111~ III 1111111 11111 11111111 111I11II11111I1II11I THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 2"I:,'S,lb2lt~7(;15 on J3K LB::::1'511 P(;I 1':352 REC:OR DED H4 / 11/200~:1 11: 14 : 46 Palm Bea::.h County, Florida Sharon R. BCtck,CLERK & COMPTROLLER Pgs 19:,2 ... 1959; (8pgs) 1~05-0IS AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEME~T made on this a5 day of _M APCH -,2005" , by and betweeI} fJ:", Q'^'J~rl J-j(tJ'::::.enb{-.)r~ hereinafter caned the "Customer", and the CITY Q BOYNTON BEACH, a municipal corporation of the State ofFlonda, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictlonallimits 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 Gonditions 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, tbe City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: I. The City agrees to provide Customer with water serviee 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 J~_ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confoTlI\ance with all codl~s, rules and regulations \ 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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 t1i~ 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. 2 9. Annexation is intended to be and is hereby made a covenant runlling 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, Florid~, and the Customer 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 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. ~ 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of j0 oue-~~' ,200~. INDNIDUAL(S) AS OWNER(S): ~~ .p~RR)GT G. R()S(INe~RG Printed Owner Name &".~ { f='. ILecp.- Printed Witness Name ~ - Witness Signature hLlLLliil f'V/q rO.zs Printed WI ess Name 3 L'~ ~s~ Witness Signature cD ?A-R If D $c IY fJ IE KG- Printed Owner Name Printed Witness Name FOR INDIVIDUAL (S) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Coup!}' aforesaid to take acknowledgments, personally appeared _ '" Q...~J ~"'( (" rl \. ~ -(' to me known to be the person( escribed in and who executed the foregoing instrument that he/she acknowledged before me tha~ he/she ex~uted .the s~e; .!!!at the individual ,,:as personally known to me or provid~ the followmg proof of IdentIficatIon: t- ~L ~ '~a.S I ~ 10 - a...9 - e, 10 - 0 . Q.~ ~'-3'+1-~q- ~V'a - 0 1'\ WITNESS my hand and official seal in the County and State last aforesaid this ~ day of rvbu~~Q-{ ,200~. aramwe" (Notary Seal) /I. Lo\a. . # 00327683 commIssIon 2008 .. E~pires June 9. \nC. ~101t ..-T""~.~ WITNESS: Od~ ;/ ~~ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, pe.I::sonallv aDDear~d .Tfll~ 7tLt/t/'1( , Mayor and :]c?//ef m /va//7:~() , City Clerk respectiv y, of th City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this d ~t4 dayo( ;Y"--#f-tA.~'- , 200~'-- (Notary Seal) \'"'''''' Barbara M. Madden ~'';..~(I/" c--~....Ion II DD125274 :l c::;~ ~ IJIU1.LIJ'NO 06 =~: ~: 1:'wonl.- ,..lv 19,20 -: :~- .......t'u.~ JI,I.I.J ;~. :0;;; '$~ Bonded Tbr11 "Z~ OF f\~'''' A!:lantic BO g Co.,1nC. ""11\'\ Approved as to form: ol~2 City Attorney ~ lk ' )z--- d&-LA Notary Public ~~ 5 THIS INSTRUMENT PREPARED BY: James ^. Cherof. Esqulre JosIas & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF E vn ~L I/We. i+<i.Cn~ t-., vvI E,[jo.y Ic1 ,,,,...kyf . hereinafter "Grantee., hereby -J 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: 00 - t{S -'1<;-/ 'i - 0 L - 0 It - 022-( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the q./i day of tV.QVe-Wl .~-T , 20al:f and the powers and authority shall be irrevocable by Grantee. \ IN WITNESS WHEREOF, we have hereunto set our hands and seals the-2-- day of .1t t> ~ (' l"^-k ( , in the year two thousand and J:t:>u ,. ~~ Witness Signature Sealed and deUvered in the presence of ~~ Owner Sig tute # Iff< R /pr G, R f) S c fIJ ia ~- ~ Q- Printed Owner Name ' v..~ 1/Y)~ ne e ~)V1~ y. Printed Witness Name ~,-J.~ Witness Signature I P~~N~ Q&'( ~ #t. jJlL~ Witness Signature 6a.eba ()a t'\1. lYlltd ~ e Y) . Prb1ted wnn: Name ( "-.-- ~~- ~~ ,/It~ Witnesi Signature _.,<=~;"..-';;~[~€ ' I-(#t// It/CJ Printed Witness Name Own~~ E OJ-hit fi.. f) S e); J3 13 ~ (,... Printed Owner Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT wa~apknowledged before me this -4- day of jJO~. 2~ by Gct~ ( , and, ~~ '-e.: S~Q,.(~ whO are kn~ to me or who have orodyced "CL ~L ~ d-S 1-810 -d..'''3/~'lls identifica '. n and who '/did nott~7f'l oath. ~J-3l.(7- .;lCf- r~3- D . ~ W' NARY PUBLI, E . e " / . to'~ "~fl) W l4-- Type or Print Name Commissibn\No. ..J:>:b 3d 76. g- .3 My Commission Expires: POA.IND Ii 1l ./ I .. 1- ~li j//( c 1 in. = 238.8 feet ( ( ;: II I ~ _ill ; -~ J t t t=.5ANOPIPI=P J ,~ ; ~./ 3510 Aladdin Ave ~ ~1=i \a~\l2tt 1222 1213 l02t2 "''''"' IIIIIl - .t II2t D85t .." .,1U - .t21 0 ~ lAtA I113t - 0101 J 131 1- BUt ~23t 112I1 unt 0':12 .... .t., Dt. H., - 0411 (llA1 111">1 lD2t 12IIt 12R - 0G2t 11I5, _t - - Ot21 11I10 lIlI]1 ID10 I 0101 nn1 8t11t Of" I22t -- w.!:I1 B2D1 B171 ono 015ll Ot!H 0_ _t 1- lMtt 0301 01"1 032t 0210 1211 ~ I l'-Ut lI03I 1- - a_ _t 0121 - lIlDt Dill) U 101 001 D_ .., D221 1221 \ Ot. 1121 ~ ~ U17l - ....t ... ...... 0_ .411 IJOB1 03"")1 l:I2t 12IIt 121I .- -' DlI21 1- - 01. 0_ OtZ1 0151 1021 0051 1_0001 I 1)1 0151 l1.t D22I 0_ 022t "" 113t 0132 I.t atilt at62 - 1421 0:191 IUli1 033t 03110 0211I a_ : \ -0_ 1- -.nw- i-~ 0131 UTa ..,. - .12t lOt. 0131 01171 0111 114t DtBt ozzt '-, I DUO I I -,".. - ---J III ,II - 3810 Otto 0,. 0171 I02IJ Offill on. 01. .118 1221 Location Map - Exhibit "A" THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 RC5- 015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THk, AGREEMENT mac\e on this day of ,200 , by and between Mfi..~ Wo Z N l c...~ - 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: 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, 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 ser,vice lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. I L The Customer hereby agrees to indemnity, 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 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. _uc IN WIJNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of C2'fO/Y\_l , 200 ~ VV~ESS: , Witn~ -J. ~qf r~~wd F.~ Printed Witness Name ~:lC4L ~J;I ~ Witness Signature S' (j..i/1-/V COt. t.1/.J r Printed Witness Name . INDlVIDUAL(S) AS r:2R(S): ~JL~- ~ Owner SIgnature C) ... MI\Kk lDo-z. N\c.l~ Printed Owner Name 3 ~~_ vdd ~:J2 Owner Signature lv\~~\Z WDZ rJ~c..~ Printed Owner Name Witness Signature Printed Witness Name Witness Signature Printed Witness 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 the County aforesaid to take acknowledgments, personally appeared fYI Ct 12- k fA.} c~ n ,'c Ie- to me known to be the person(s) described in and 0 executed the foregomg Instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: /::I/J~ 1[.14- JJ/2,'v '( R 5 j I '( rn S -~ . WITNESS my hand and official seal in the County and State last aforesaid this / ~-- L.~ay of fI iJ I!. t' I , 200~ , - (Notary Se~?~V~6'" Barbara M. Madden i~rT'~~~co~on # DDl25274 :.~\ f~~ Exprres July 19, 2006 -;'~('5; f\"'~~ Bonded Thru '11,,,,,,,\' Atlantic Bonding Co.. Inc. /I L4"-~06-ru.~ fit - /k <<~ Notary Public WITNESS: CITY OF BOYNTOltBEACH, FLORIDA ~Pv-Q!;'vi>N)O 1'0 ~~:y..~ <Co:f'S' J .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Kurt Bressner, City Manager :~i:i:i:i:~: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ATTEST: City Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , 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 ,200_. day of (Notary Seal) Notary Public -'lZIt < A\<i4 City Attorney 5 THIS INSTRUMENT PREPARED BY: James A Cherof, Esquire 3099 East Commercial Blvd, Suite 200 Ft Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f aim (Se tL c. h I/'NA M Ci. R-- k.. 00 ~ h / C 1:.. , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: () D ~ ty 3, -- lJ ~ - (C; - () J ,- () 0 I - 0 '5 f.r I The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I 6- ~ay of f}..J 12 " I 20 O~ and the powers and authority shall be irrevocable by . , Grantee. - t-i( IN WITNESS WHEREOF, we have hereunto set our hands and seals the / j !l /l iJ,' I .t:-,' ,)-e. ,.., t<- , in the year two thousand and I ...... , day of Sealed and delivered in the presence of () fld ~~Q~Q, ~e - '" 1 Owner Signature -"> -- ~Yr\uel F. ~e-id ~R~ t0C2.N~c-l Printed Witness Name Printed Owner Name r /-~//- ~~avt.~~~/ Witness Signature S().I'lftJ COLt.. IA;f Printed Witness Name Owner Signature Witness Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) -(A- THE FOREGOING INSTRUMENT was acknowledged before me this / ~ day of afJ/lI'/ , 200~ by muRk tUlJ-pn ,'( k and , , who are known to m or who have produced F/p-;e, 'alIA tlll/'v ~~ s- j J '{ r,..J$l" as identification and who did/did not take an oath. L4--a.A~~~ h. - /It u4Lft-c, NOTARY PUBLIC ",';;.v~!f", Barbara M. Madden ':-~~(9.'c " I ::/&"~~ ornn;usston # DD125274 ~c;:.\ fir: ExpU'eS July 19, 2006 -;~".... ~~ Bonded lbru "'~ OF f\CS,'\.' . ",, If 1\" Atlantic Bonding Co., Inc. Type or Print Name Commission No. My Commission Expires: POAIND Palm Beach County Property Appraiser Property Search System Page I of2 location Address: 3947 BARKIS AVE l:: ;~~.,] :',':2kW Jgr-'-" ^,:.'- -.- .: ;--~~; Municipality: Parcel Control Number: Subdivision: Official Records Book: le9illJ)escription: UNINCORPORATED 00-43-45-19-01-001-0361 WEST BOYNTON PLAT 1 07499 Page: 0444 Sale Date: Nov-1992 WEST BOYNTON PLAT 1 LT 36 (LESS E 23 FT) LTS 37, 38, 39 & E 3 FT OF LT 40 BLK lA/K/A AVONDALE PINES UNREC Owner Information Name: WOZNICK MARK L li6l;;;bAB&~d&~1 Mailing Address: 3947 BARKIS AVE BOYNTON BEACH FL 33436 2714 Sales Information Sales Date Book/Page Price Sale Type Owner Nov-1992 074~9/0444 $88,500 WARRANTY DEED Apr-1982 03709/1465 $10,000 QUIT CLAIM Jan-1980 03325/1046 $62,900 NO DATA FOUND l~tft"i\JJ Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2061 Acres: 0.18 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 82,474 80,936 79.039 I~._' Exemption Amount: 25,000 25,000 25.000 Taxable Value: 57,474 55,936 54 039 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: I.~I li+/.0U;n.tcAlle,' ;, ';';;;&@I ~NdiSMiik~ '0\ilkl NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the ~~~W It http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=0043451901001... 4/15/2005 I I I I ,.---- 0282 0283 0292 0293 I I i 7330 I ~ 0281 0284 0000 0291 0294J 1 in, = 175.0 feet 110 7340 ~\ / TtlUM8'4 -") ,~ 7100 7060 } 0264 0251 0244 0241 0234 0231 0224 0221 7070 7080 0253 0252 0243 0242 0233 0232 0223 022 I f AI ZI 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0171 0211 0241 0021 0431 ""IE 0301 0271 0240 0461 0411 0381 0351 0321 0281 0252 26 jo231 0201 rn~ 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 0171 ! 0211 24 0010 0021 , I 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0281 0252 0~5 ~231 \ 0201 c ~"'I ""A UI 0010 0041 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0150 0190 I 0220 0 ~..tm241 0030 146e 0421 0391 0361 0331 0301 0271 0240 0461 0421 0391 0361 0331 0301 0271 0260 0221 0190 AVI= 0010 0041 0071 0111 0141 0171 0201 0010 0060 0081 0111 0141 0180 0211 .24 10010 0021 0431 0401 0361 0331 0301 0271 0240 0461 0421 0391 0361 0331 0301 0271 0250 0221 0191 .4VF r 0010 nl 1 0042 0081 0111 0141.-- 0180 0211 0010 0041 0071 0111 0142 0171 0210 0 ~4p0240 0031 0431 (pob ..~~. -,. "., Location Map - 3947 Sarkis Avenue 7 f . ~ ... TIllS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~05- 015" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION Tms AGREEMENT made on this day of ,200-, by and between 11 G:-IN2 -f /1)/tNetr' IU.(;.fl2M (SS EN 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 ofits 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 descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ..L2:.. Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf ofthe Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exc1usively 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigTls of Customer shall be binding on the Customer and all successors and assigTls. 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. I 1. 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / j day of /1/'/l'/ ~ ,200 r - Sl,ESS: c.-, rfLdi- Witness SigTlature -- INDNIDUAL(S) AS OWNER(S): /~~i1!,~ ~er SigTl re #E/1V2 ff /l~r:c~/J1/SJE/V Printed Owner Name ~[(/) N\c\ \-<h Y1c vc/ Printed Witness Name ~ '-~ ~ M'<.i//.c.!. ~~ tness SlgTlature Jlxk h'l~~ Printed Witness Name 3 3~ ntaL Witness Signature .:SrY:JcJ\ ('('0\ \ ~~d Printed Witness Name ./", ~ -) ~ - , 'LU1:f. ' ~O~ itness SIgnature k R(e~h\ Printed Witness Name 1!~~ ~ 0 r ignature IY,1A1CY 7: #./GcA',,?;f/J;r'E/P" Printed Owner Name FOR INDIVIDUAL (S)NOT ARlZATI0N: 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 ~ ~,(\ 2. A1-J ~ N A-Nc'l A L C::.,=-,;Lt'Y) ,":SSe:,J 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 known to me or provided the following proof of identification: F L'~ kc..l..nSt;; . WITNESS my hand and official seal in the County and State last aforesaid this A-p{,l , 20o...~ QQI (Notary Slfalf- is dayof ~~~ .." ~"- ~ '" 0 A. C. YUKENAVITCH Notary Public. State of Florida My comm, expires May 17. 2007 No. DD 196443 WITNESS: CITY OF 0 TON BEACH, FLORIDA Cf\-~((S"u i, rJI C> \2csc;1..vnot-->jCc.s-, s- j Kurt Bressner, City Manager A TrEST: City Clerk 4 . . .. . ... . .. .. . .. . .. . . . . . . . . . . . . .. . . . . .. . . .. . .. . ................. .. ~............... .. .. .... .. . .. .. .. . .. .. . .. .. .. .. . .. .. .. . .. . .. .................. . . . . . . . . . . . . .. . .. . . . . . . . . . . . .. . STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , 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 , 200_. day of (Notary Seal) Notary Public 5 THiS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire 3099 East Commercial Blvd, Suite 200 Ft Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f,?/.m ;S~/lcll f/We, !Iff/A'2 .,.. #A'IV\Y 4tau /J11.S'SF/tI , 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 ann~xation by any available means. The real property which is the subject of this power is described as follows: 00-<.(3- LfS;-11-oz -OIL[ - COS--I The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the /F day of j) /~ I!. , 20P S- and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the is day of /\-:pr.\ , in the year two thousand and ~\JC Sealed and delivered in the presence of ~~Ur- n\_w.&J Witness Signature &~~ wner Signature ' 0h't-)(r\ h'\c,\\~h~AXJ Printed Witness Name //);~/L( ~ ~ess Signature /lE/t?lZ # $Gc/~/J~A/ Printed Owner Name -JuJi-- W~~ Printed Witness Name CJ<>- nLd Witness Signature ~~~~ Owner' re ~0f\ mo' \lj)'h~-,.X( :rinted Wi~~ _ ,~//-<, ~ W ness SIgnature &#('v r #~t;///I//.).J;C/f/ Printed Owner Name jut\A- Fue~~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this \~ day of Ay(\\ , 20OS-, by \-te.\(\"2- A\c1e(fYHSS€01 and who known to me or who have produced ~~c,; A lctel ('(\ \ ~~e() ion and who did/did not take an oath. "~~ "',<> A. C. YUKfNAVITCH !i ~ Notary PUblic, State of Florida My cemiT!, '3Xplres May 17, 2007 No, DO 196443 My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 _!MR~~~~Jn~:~fj.~:E~FA" . "fop.erty Appraiser's PLtlic A:cess S,n;'en ~ "''''~. ..... ,-,' .,. ".~1o(1 ~tos;'''' i "~"'r,....... ,'''' ,.-. .. r-- _ .~ ~oL~ !<p ~ r"' \ <r..... ",' - r _ > _ - '" _ _ h J >1.< ><;-1" ," 'J -' ~ ..J" ~ I : ~<ffl<"',' ',_""c"'-,, _~ ;, ~~-{",""r " " "-,~ ",' 2- ~ ' 'l':'fi,~~~""",-#..... _, _" ~ " Property Information Location Address: 3580 DORRIT AVE ~a''"''*~1 Municipality: Parcel Control Number: Subdivision: Official Records Book: l-_f!.R~LPe~cription : UNINCORPORATED 00-43-45-19-02-014-0051 WEST BOYNTON PLAT 2A 03118 Page: 1625 Sale Date: Jan-1979 WEST BOYNTON PLAT 2A LT 5 (LESS W 24 FT), LTS 6,7,8& W 4 FT OF LT 9 BLK 14 AIKIA AVONDALE PINES UNREC Owner Information Name: ALGERMISSEN HEINZ W & NANCY J ~n&n;.",:..;i,1 Mailing Address: 3580 DORRIT AVE BOYNTON BEACH FL 334362742 Sales Information Sales Date Book/Page Jan-1979 0~J.lfU:I.~25 Price ~C)I~t.J.xPJ!, Owner $9,000 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: 2004 2003 2002 r- Tax Year 2004 $98,35 $81,39 $73.58~ Number of Units: 1 $42,004 $38.51 $33,49! *Total Square Feet: 2041 $140,35' $119,91 $107,07! Acres: 0.18 Us~ode: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $82,65 $81,10 $79.208 ~ Exemption Amount: $25,00 $25,00 $25,00Cl Taxable Value: $57,65 $56,10 $54,208 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~--.I '-' 1~,,,,,,,:J.;~_;;0rl"""'<1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Recorq Searc!'! I !l}formatiol1l Exemptions U;:ommunity I Employment I New Home B~ I Office l.,Qcations Yalue Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I E8Q I Forms I Contact Us I PAPA http://www.co.palm-beach.f1.us/papa/aspx/web/detail ~info.aspx?p _ entity=00434519020 14... 4/)T/2005 Ext~ ~h';+ ft- All Owner Page 1 of 1 All Owner(s) peN Number: 00-43-45-19-02-014-0051 Owner Names ALGERMISSEN HEINZ W & NANCY J ALGERMISSEN NANCY J '""",,,",,,,",oBl'iJrlL, """"" I 1,,,,,,,~,,',-~iC~,,,,,,,,,,"',-:1 http://www.co.palm-beach.fl.uslpapalaspxlweb/alIOwner.aspx?entity _ id=00434519020140,.. 4/15/2005 ... 1 in. = 123,3 feet 11 0010 ~2 0050 ~ H 0010 ~o ~o 20 50 90 0010 132 0050 0070 0050 0010 0050 0090 0191 0121 0 100010 0031 0070 0101 0131 0161 0191 022 0160 0090 0121 0481 0450 0411 0381 0351 0321 0291 026 0010 0031 0070 0101 0131 0161 0191 02 0191 0160 0481 0450 0411 0381 0351 0321 0280 0 0091 0121 0191 0160 0090 0121 0191 0161 0010 0031 0070 0101 0131 0161 0191 02 0481 0450 0411 0381 0351 0321 0291 02 0151 0021 0331 0300 02 0151 0181 0162 0460 0421 0391 0361 Location Map - 3580 Dorrit Avenue TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this _ day of ,200--, by and between uJco.J ~ :- ~y A-lIYl :5Y\A' -r'-'. hereiriafter called the "Customer", and the CITY OF BOYN ON 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 ofthe 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, 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. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 1 L 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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 shaH 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. AjJ WITNESS WHEREOF, the parties hereto have set their hands and seals this Is#- day of .. '(! / , 200~. WITNESS: (~ Witn sSi re X (;4r:!A;'tlc t I/{'/[ /~,l{e1J Printed Witness Name \'v~~O x~Cl D~-,d Printed Witness Name 3 '1n~ ~~ ~-A~tlt ~wner Signature P-1Arl ArJrJ ~M; "rh I Printed Owner Name x: 8ci/ cr~o Witness Signature /; \ ~Cl ObCi-D Printed Witness 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 the County afo esaid to take acknowledgments, personally appeared ueJLe 4nee 14r. 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 known to me or provided the following proof of identification: FlfP.,;tlA. b,l. WITNESS my hand and official seal in the County and State last aforesaid this I ~ day of fA--/' r; r , 20Q,f I (Notary Seal) r /' /74- ~~ U~; / Notary Public WITNESS: 1IIIrrll 1~CCN:LtNS1IL'11 1M. t i CommI DOGIIIGI5 ! . m~ . : !:t.Y; ExplNI3f1I2OCl1: . . i ~ Z$ Bonded IhN (800)432-4254i : l"Hf.~,'\''t'" Florida Notary Assn., tnc i s..,:>>.,,: .... .................................. CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager 411I ATTEST: City Clerk 4 I !1I1 ~ 1111111111 11111 111111111111111111 r 1111111111111 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CF N 2'105t2J~: 193(212 OR BK 18417 PG 0211 RECORDED 04/15/2005 08:21:23 Palm Beach County, Florida _', Sharon R. Bock,CLERK & GOMPT~OLLER Pgs 0211 - 218; (8pged . - {~ ~ ~"'; ) . ) '-- 'K05-01S- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION .' ':\ ,.1 ~ .:-j .;.',:.n ')7 .. .i...., ':oS. THIS AGREEMENT made on this day of ,200--, by and be':ween IJ fC-1i 0 L- AS C. (-p;f:..,V IT~' S'i... 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 jrom 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 J .~ 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 Cod~: 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 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 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. II. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. 01 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this :J.'f--f1--. day of I~qf (h . ,200.5. WITNESS: INDIVIDUAL(S) AS OWNER(S): ~k-t d.ti; C b-1/t/(L-u' J;e Owner Signature /fIlt/I'LflS' (2. /I~VJlS/1 J It..... Printed Owner Name IIi!4J h JIlt! F. HII t!fJo Printed Witness Name / e fK'0C\ ~') \\fitness Signature CKiHE:"~\,.J[' W~Ae..70N Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDNIDUAL (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 afore,s.~id CUld iJl the County. a~oresaid to take acknowledgments, personally appeared /lit choletS C. G-erVaJl. J r< to me known to be the person(s) described in and who executed the foregoing instnunent that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: FIt) ,rtte'tt- j)rl~e,r Il'celtle WITNESS my hand and official seal in the County and State last aforesaid this a 1#-. day of -"'march ,200$ (Notary Seal) r '11 IJn ~TlJ'~1I :: Ie ~J~l : ~\cIIll ...... ",.. : ~~I\~ ...,....~: ~...u::':~~.... ~ ~ .&___ f ...................--.0.. Inc . ..........., <~thLt:{Jg;, ) Notary Public WITNESS: oJ _ 1 , . C .-~-,,_., / I. ..... /_ ~,,/ h - ~ ~L:bt; .;;L ,// , / r 1.,/ CITY OF BOYNTON BEACH, FLORIDA ;;;'~::n~ Res 0" C~~1€> 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , 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 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 ,200_. day of (Notary Seal) Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherat. Esquire JosI.. & Goren, P.A. 3099 East Commercial Blvd. Suite 200 A. Laudetdale. R. 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA /.? / lJ COUNTYOF U<i(lf"l t).eQCh IIWe-, --1YcAohIL'. tv Vt(J/ . J'r. , I 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: () {)---If _3 / ~-,-~ //--- 0 Z -.001,.- C723 / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the.9 <If" d~y of "A1t< ref-.. , 20 ~ and the powers and authority: shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals thea ~ day of /}1a r ch. , in the year two thousand and ft f/ ~ Sealed and delive ed in the presence of /j~c~// ~ lZuyelj,{& Owner Signature ,AI/cite) L~ Cr !io12.Y 118 I JR.. Printed Owner Name x r~(~~-D Witness Signature CATHfI(INl2 L.o~A~{ON Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA of ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ;)y#- day .'.-;n. 'arch ,2005, by .M~//tJ C. 6-ervC(,f;, Jr, and , who are known to me or ~ho have produced , as identification and who4i&/did not take an oath. ~aPL [~.j NOTARY ~~,8L1C, ' ("' S Wi '.Ai COLel ^-i',J Type or Print Name Commission: No. rltl . f)n v(' r Ire ej,/J Q-' 111 IUIM ceu:11~~: 'I _ CIlIIllIAnI.".: ....".. : i .... IIJ~ 8Dnded fIN (IOO~i : tl'IGF~ ~.. tnc : : ..~.~............I 1...,........... My Commission Expires: POA./NO I , , ... I ~ &. AV~ 1 in. = 129,5 feet .'- ~ 111 ~141 0171 0211 0241 I 0021- T 71 0201 0010 ,'S7t >>31 0051 I ( E;a rl\i~; A,v~ I - ~rI I c 1 0240 0451 0411 0381 0351 0321 0281 0252 I 25 0201 0131 I J WE 1 0201 0010 0041 0080 0111 0141 0171 0211 24 0010 0021 0051 I 71 0240 0481 0431 0401 0371 0341 0311 0281 0252 0 ~~ 1)231 0201 0170 c . ..... J:R~ AV] .. 111 0010 0040 0070 0100 0180 0190 0220 0 ~11 1-0241 0080 I 0201 0130 0030 ~ 71 0240 0451 0421 0391 0381 0331 0301 0271 0250 0221 0180 0170 ~ 111 "11_ i1' AVE 71 0201 0010 0050 0081 0111 0141 0180 0211 c 24' 10010 0021 0080 71 0240 0451 0421 0381 0381 0331 0301 0271 0250 0221 0191 0131 ~ ,AD A\lE L 18 0 0211 0010 0041 0071 0111 0142 0171 0210 0 ~4 100240 0031 oOF Location Map - Exhibit "A" 01 1l2:2 ~ 'ftl ~ 1";,,1 ;'. tr VI J " 1111111111111111111111111 _111111_ H 11I1/1 _1111111 ~.'l'J , \. c.ru ,', 1"Tr,~\ P:.i.;..'~j I 'i~: !"', ""1; f", ;.\..: \ '~L~.. :"'~' t .' -' ~ " i CFN 2005021 ~]301 OR BK 18417 PG 0203 RECORDED 04/15/2005 08:24:23 Palm Beach County, Florida Sharon R. Bock,CLERK & GOMPTROLLER Pgs 0203 - 210; (8pgs) THIS INSTRUME~PREP~ti'D BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Ro~ -OIS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of , 200 , by and between .J6~(,E A-. W OOJ) her~mafter called the "Customer", and the CITY F BOYNTON BEACH, a municipal corporation of the State ofFlonda, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, C'ustomer 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 /. r Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work performed, the Customer will also advance such additional funds as may be neces~ary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 cOlmection with w~ter 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 infoffil 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shaIl be binding on the Customer and all 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 ofIocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 cormection with post judgment col1ection) and costs rising out of or resulting from the Customer's obligation under or p'erfonnance 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this J~day of 'YJ1 ~ ,200",[ WITNESS: ~ . ..--.... ,'J. " - . 'e.<-< O--t.,-c-.,;-L-eJ Wi s Si ature INDIVIDUAL(S) AS OWNER(S): , ~tJt~j I'-Ic~ f(~i/ fi}{) Pnnted WJtness Name, ~ ( ". 'c-' 'I- ~~jl.- L::'. c_:___~ Witness Signature ') p~~~~ 'U~ss ~~e~}'DJ _SO~e.E A t Woo]) rinted Owner Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness 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 the County aforesjiid to take acknowledgments, personally appeared -J6 ~ Ce A-. LV C ocL ' to me known to be the person(s) described n and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: Pt 0 r ,'cI t:L 'D r :ver t lC e irtS.J2.... . WITNES S my hand and official seal in the County and State last aforesaid this / f~ay of n1arch. ,200.9 (Notary Seal) Ii allAN U I InaTlll IU 'J." : COLUN8: : ., CoInmI DD02I5OlIs : i. . Expil'8ll 31112008 : : "'~ ~ Bonded thn. (80())4":>,.'~c : : "''''I'I'~~\'\\'' F! ~ , , .' ~~,~; Notary Public WITNESS: adi~~ .j! '. r~ou~. ' CITY OF BOYNTON BEACH, FLORIDA {)u i?<;;U A.I~ (V f<?t;; !:c:rvl/n",,--, RO"[ -0 IS ""1- , , "<,;~' ~j~.;,.,;.,,,. ~:.I':'." 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , 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 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 ,200_. day of (Notary Seal) APPro~;g;" to ~ ~~ <77t' j, i{ t<;(~ City Attorney Notary Public ~ THIS INSTRUMENT PREPARED BY: James A Cherat, Esquire Josias & Goren, P,A. 3099 East Commercial Blvd. Suite 200 Ft Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF Pfl-Lfr/ A-;7K!H- . 1fW.e, 3'/1 y (' e .4. (Vo oJ.. I , 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: o 0 -Cf3- is -/9 ~o /" 0 0 y- O? D I The powers and authority of my attorney, THE CITY OF BOYNT~_~. BEACH, FLORIDA, shall commence and be in full force and effect on the I 'f#'" d~y of ~4rr ~ . 200~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ./rh day of /flarD~ I in the year two thousand andf, v~. Sealed and deliver d in the presence of - ~ tjU-' ~ J / IL~ )--fu:;, t/ Printed Wifness Name ~iL0~ I. J~~C-l5 A..Woob Printed 0 ner Name >< [Q(LLi" (\. {( Witness Signature ko v'j n 0,_ V,,-' &. Printed Witness Name c:: , C___-<," J ~u, "/)0 \-- 1'\ \_-) Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA of ) ) ss: COUNTY OF PALM BEACH ) . ~ THE FOREGOING INSTRUMENT was acknowleqged before me this / f day Yvltl ~C~ ,20~, by ;To yet:.. 1-1. WOD]) , and , who are known to me or who have produced Rt'{ .dnver liil'~r-t', r as identification and who did/did not take an oath. ~CbU ~-/ NOTARY PUJ~Tt1-Jt/ COLe /;; j' Type OT Print Name Commission No. r 8UlWJ 1111 I : cou:iHi f $?~ ~D012'" : ~.;~;~ Expj,.. 3/112008 : ~::::>~.f 1"""Od !hru (800)432-4254 My Comr:ifi.$.sIQn.ls~R-u:eS;A3'n. 1110 POA.IND . ...,.................. 7320 I 7120 7110 ''''4U I "'oJU . . ... I II!lnl..n" J :jJ ) "'~ 7060 0254 0251 0244 0241 1 in. = 173.6 feet 7070 7090 0253 0262 0243 0242 T I -AL 20 0010 0000 0201 0010 0041 0071 0111 0141 0171 0010 0041 0081 0111 0141 0171 020 'I---- 0431 0401 0361 0331 0301 0271 0240 0461 0411 0381 0361 0321 0281 0010 0000 I lV~ 0090 I IFW ng 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 0171 0010 0000 0431 0401 0361 1 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0281 080 0090 - ..- n... ..iii..... AV ~20 10010 0000 0010 0041 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 0190 ~ 146l 0421 0391 0361 0331 0301 0271 0240 0461 0421 03i1 0361 0331 0301 027 AVi: ~" 381 9 E E da~O~ 0071 0111 0141 0171 0201 0010 0060 0081 0111 0141 0180 ~VD ~ --r- ftftft_ 0431 0401 0361 0331 0271 0240 0451 0421 0391 0311 0331 0301 0271 -..........- ) 0010 o~~b -AVJ: 0020 0010 01 1 0042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 0171 0030 .-- - 0431 (30b Location Map - Exhibit "A" IL'~ rfCI rG I 'ii':,~ if !if)',) . ~~!F ~ 11111111_11111111111111 THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire J osias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050219300 OR BK 18417 PG 0195 RECORDED 04/15/2005 08:24:23 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0195 - 202; (8pgs) ) , / --.'.... ~,... ~ . ," ( -:: ,.'''l ......) K05 -015" r-<) 1'0 ~ ,........ , , , ~) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . ',--! ) (--.-, ., ---," .~ - - .' :n c:) ""~ Cory .~t--q "J -. ,":~' ::c THIS AGREEMENT made on this _ day of ,200_, by and between C' Aar leJ~ f? K4./ER 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: 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 J.O Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above, This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. WITNESS: 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / () fI, day of ll1tl r c h , 200S D/1J1} OWNER(S): Owner Signature C If /fILm r ;<<te/[/ Printed Owner Name <:-,"\ )t' J.~2-~'L 11_/1- ("-- C <- Witness Signature t~,_ __..._ .. <C " ._) 1"\ '/ " .-, J 1\ ,'__it) i ), ; .c v,,; Printed Witness Name [K!)i~' L' )<,,~ f1AJ22C:- Witness Signature Vp '"'N\CJ.. (\\ \ \ \~ " Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness 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 aforesa~q and in the S:9uqty aforesaid to take acknowledgments, personally appeared C 1'\4, r leS P Ka.ler? 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 perspnally known to me or provided the following proof of identification: FIt) r /da Dr; ve( I j (er..[0 . WITNESS my hand and official seal in the County and State last aforesaid this / IJ '-# day of orCl r c h , 20~ ...lIlJ....................................... : SUSAN COLLINS : : _ CaINllIDDGIIIOM: I __111110OI : I' . IondecI tllu (1lIO)lI>>G54 i l..........~.~~.:.~.i ~avL~ : Notary Public (Notary Seal) CITY OF BOYNTON BEACH, FLORIDA klAQ&"\)'NT TO ~OV__:~ (<o~-o I!> (j~r ST: ~~ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , 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 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 ,200_. day of (Notary Seal) Notary Public 'l} Ik A<.sil- City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF A TIORNEY (By Individuals) STATE OF FLORIDA COUNTY OF fa./ Vlt\ (? ~ ch 1!We-: C' ~ (Ips P K-o.. L r=- R. , 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: 00-45 -- '/S-Il-- () 2-00'- ,- 0 051 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, ..jt- FLORIDA, shall commence and be in full force and effect on the / tJ day of }11 a. ( {" ,20 oS and the powers and authority shall be irrevocable by Grantee. ,.-"'-' /i(JJ Owner Signature C Iflt(llj;-5 }~J ~ left- Printed Owner Name l.. ',r: ! -t 1'~{l.Lt(IC I~-<~; Witness Signature (~.-._-----~.,~ "- J --.... ....." ~I I t (I ," "., ,.' kJ L. [; ,1,Vi,i. ~._,..-- ..- -. - ,'( \ ,r V -"'--. . ~' Printed Witness Name ~ Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOR.EGO/NG INSTRUMENT was acknmy/edged before me this / ~#. day of "Jvlcac h. , 200~, by C ha r leJ P Ka...1e R.. and , who are known to me or who have produced PI IN ,~~ Crt r I; er I (left JeJ, as identification and who did/did not take an oath. ~~at7flL'~ NOTARY PUBLI~r (/..(IJ/l C- 0 t. t-, / (f/f-- Type or Print Name Commission No. r" 1II1118U8AH"~:~~~1 'I :. ColIlIllI aa..... . . . ! a ~WIOlII: : \~ ~ 80nded lIwu (1OO)4u..254! ; ~-""IJ~I~"\\.# Florida NotaIy Alan.. Inc : ,- _".. ."~". ...................................z My Commission Expires: POA.IND ..+ :N~ I 1 in, = 145.3 feet 1 0010 ~1 0081 0111 0141 0171 0211 0241 0021 0051 0091 0010 0 0451 0411 0381 0351 0321 0281 0252 ~25' 10231 0201 0131 0132 0050 -,6. 7'" ~r\ .., -:f:t~ It. D j~VE ~ -. . ,. ... ~., ..,. _ __ _.. .., 11 " I 1 0010 0041 0080 0111 0141 0111 I 0211 )24~ 0010 0021 0091 0010 I kJ 0461 0431 0401 0371 0341 0311 0281 0252 0 2~ 1)231 0201 0170 0130 0050 ( ..... I J:R~ A VI 1 0010 0040 0070 0100 0130 0160 0190 0220 0 ~4 1)241 0030 0080 0090 0010 0120 0 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0050 0150 I U"WI, AVE )1 0010 0050 0081 0111 0141 0180 0211 I '24 ~O10 0021 0060 0090 0010 ] 0050 0 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 0070 ... -a.VE. ! UU9U I 0070 \"V'I"IlJ 11 0010 0041 0071 0111 0142 0171 0210 02.4 00240 0031 I "1J1Z0 0010 0130 Location Map - Exhibit "A" r f1E7 i( J! !j x ;-;: II~mm~~m~~m~gmgngmgmIIE THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire J osias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 200SQl21l.:./2SI9 OR BK 18417 PEl (21187 RECORDED 04/15/2005 08:24:23 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0187 - 194~ (8pgs) .~ ) . --; -, - --<: R05 - 0' 5"" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION -," ~'1 , ..-'1 .,). '-J r",,) ~) ,'0 1 I:) ~,~~~ tr,~:A ( :'1 '-) -:-' --.A ' ,) ~2 THIS AGREEMENT made on this day of ,200_, by and between -'- P~tn'cK 'felty-JoN '<f- Janice ~ 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, C'ustomer 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. N OW THEREFORE, for and in consideration ofthe 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 I P Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination ofwater 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 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of ----A{()/lr ~ , 200~ ~ ~~S OWNER(S) Owner Signature ~-tnr,,<. ~rclr'" Printed Owner Name WITNESS: / Wi es ignature ~'<1()cj/UE- Printed Witness Name ? /(#PL/O , ::x t-- ''^- "'--- c~ Witness Signature C' , ~ c.. " i )t:b.i) f) c< t\; t {/v I 'n .sv Printed Witness Name C< 3 l ,~"/ , i ~ ' ~_"<-,d,..~L(k-_ CA.--. Witness Signature :> ~--~..,_.._.- -.-- -- ... -- -~'\ \ i '~-'" , \ ,--- I "VJ~I) II ,L L~ t~ LL I \'j ('k Printed Witness Name (, ~~ A ~~~ Owner SIgnature .::} f) N '-c ~ Ii. (( e.J:.\...rJ 0 N Printed Owner 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 the County aforesaid to take acknowledgments, personally appeared At ri c/( ReardOl-l f'- JanIe e 4-, {(ed..rdo~ 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 known to me or provided the following proof of identification: Ft" I''d'Po...d rl ve r /Ie eta e.J . WITNES S my hand and official seal in the County and State last aforesaid this /0 *'day of marCh ,2005 (Notary Seal) I IUAN"cou..:::::OOOt ft> ~=5 i : ~~ Bonded thl\l (800)432"'254~ : ~"~I~\\"''''ofl Florio~ Notary A~r., f",. ~ WITNE S S: ~ ,...." ..............., ...,",' -.... ,,",..,,- 9dC<;U~ / .~ / .~ c~~. ~cW'- ~; Notary Public CITY OF BOYNTON BEACH, FLORIDA 'rv.'i(I;Gf>,.101' \0 f2.€s.ol.-l.-'ltc-vV (C.O'S-v (.s- 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 , 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 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 ,200_. day of (Notary Seal) Notary Public ~ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P,A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF i~/,/;{ (]ec((h ,~e, '?tt t(l~t 1- Ta h,'Ce.- If, KetodorJ , 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: O{}~~3--0S--.~ /9- 0"2 - {JO 2 -00 Z / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, /A- FLORIDA, shall commence and be in full force and effect on the / () day of )11 C( r (,~ " , 20 oS' and the powers and authority shall be irrevocable by Grantee. ~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the / a , dayof 'J11at ch , in the year two thousand and -f, ~r~ Sealed and delivered in the presence of ~#- O,^",er Signat~ t2ir t( L-{' , CA./do tV Printed Owner Name THE FOREGOING INSTRUMENT was acknowledged befor~1me this /O..{Aday of ''']tJ1arc~ ' 20 dS, by tPa+r/cK R'e4.(C'()N' and 'Ta nl' c e it, eA r do tJ , who are known to me or who have produced FI" (',llLeI (,Over !Ic'ertS'e..r , as identification and who did/did not take an oath. ~~a,,~ ~~"I NOTARYP~t-?r1-N ('ULL/tVJ Type or Print Name Commission No. -otl/O . e /;(1, Printed Witness Name (. C f.>A ,rl.. (,'il.. lA . C-::=- x:. Witness Signature ) /)/<>., l) ileA ~J Printed Witness Name 1-- t l), \1 i',_ ~ d" X Ill;. 0, L IL. '__ L (i Witness Signature c c ') " D(d(j/ lit {.\ Printed Witness Name t (z i I \/' ':{ '. STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) r .... fllllUiM cou: ~ I : ~ c..n..J, CHili. : f?7t\v:\ ExpnaIMCllll : h~jl Bonded Itiru (800)432..42545 , r-, ~ . r'~"i~1 Not~~.~~~.~.'~~j My Commission Expires: POA.IND \ ~"'- I-l e JVvi~ ner Signature -18NIL~ A \Ceu..rJoJ Printed Owner Name 7080 J . 0254 I 0251 I[ 0244 '0241 Ii 0234 i 0231 : U.l.l4 I U.l.l1 \ \ u.& .... j ..'" · \ m__ t0243 I 024~ 0253 ( 0252 _ LO~33 1~~2 : 0223 : 02221 10213 '1 02121 1 in. = 157.3 feet ~__L-- L---L-_I -- !. ~ - ALADDIN AVE -1 , I I 0111 0201 0010 0041 0081 0111 0141 0111 0211 0241 0021 0051 0091 0010 , I 0271 0240 0451 0411 ~11 '!b ~ 02~~ 0252 25 0231 0201 0131 0132 0050 I!!! ~ rtc II~ ~ 1I. ~ jl.VE: - - '--. k>>171 0201 0010 0041 0080 0111 0141 0111 0211 24 0010 0051 0091 0010 0211 0240 0481 0431 0401 0371 0341 0311 0281 0252 1 0201 0110 0130 0050 C:RlIi:: AVI 0171 0201 0010 0040 0070 0100 I 0130 0160 0190 0220 ~ ~4 -.>>241 0030 0010 0090 0010 0120 0271 0240 0451 0421 0311 0361 0331 0301 0271 0250 0221 0190 0170 0050 0150 AVE r 0171 0201 0010 0050 0081 0111 0141 0110 0211 24 0010 0021 DODO 0080 0010 0050 0271 0240 0451 0421 0311 0361 0331 0301 0271 0250 0221 0191 0131 0132 0070 I- A\IE T UUlIlIU 0070 I UllU 0180 0211 0010 0041 0071 0111 0142 0171 0210 C ~4 ~O240 0031 I U1ZU 0010 D 0130 i i. If ;i- >>\ 1 >2'>< ~ [D'fiCr 11611111111111" 11I11 1111111111111111111111111 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 (,., T CFN 2(2)(2150219298 f".1 ~'.:"i\o:nR BI{ 18417 PG 0179 >';i-TC::RECORDED 04/15/2005 08::24:23 Palm Beach County. Florida ;t" 1\: :: 7Shal'on R. Bock, CLERK & COMPTROLLER Pgs 0179 - 186; (8pgs) f~ tT Y F t'."r:.: y::. f ......"""\ '"'" f) :., ;', i. L. ROb -015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this _ day of ,200_, by and between Q, ~IJ rg-\sko.-:r; hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, muruclpal corporatIOn of the State ofFlonda, heremafter 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, 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 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. C1t IN WITNESS WHEREOF, the parties hereto have set their hands and seals this~ day of {Y\. a~ , 200 ~. W~TNESS: -~~.~ Witness Signature INDIVIDUAL(S) AS OWNER(S): tI ~/1:.~ Owner Signatur rt. f) <A v I j} f3,',;, f...., .t, Printed Owner N e ---- - -~~')lLtA-~ HI-~/,(,.jO Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness 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 aid and in the County aforesaid to take acknowledgments, personally appeared - . 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 known to me or provided the following proof of identification: ?/ DR,d4- de /,,} t' /? 5 L / '{: T" /7 S e . WITNESS my hand and official seal in the County and State last aforesaid this .;(.S- ~y of 0L tI/1A~<- , 200 S- (Nota~~2 Barbara M. Madden g~~~r%Co~on # DD125274 -;.A l~~ Expues July 19,2006 -:..;;;~ f\f;:,~~ ~nded 1bru 1111111\\\ Atlantic BondingCo.,Inc. l' 1/ I I,. /; () ~~ A.A., I~ Notary Public c CITY OF BOYNTON BEACH, FLORIDA ~o ,0 (2""", vru~ i2or-<"" A41. ~ Kurt ressner, City Manager C~# ATTEST: 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 ,200_. day of (Notary Seal) Notary Public A'ccJ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire Joslas & Goren. P.A. 3099 East Commercial Blvd. Suite 200 A. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 1bJh1 ~c~ I/We, (2 ~ l)l~ .~ I-S;;~p , 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: OD L\~ LlS.. I q - O~ - bO"?r 0\ q 0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the AS ~ day of M. CVLC.J\ . 20.ri2' and the powers and authority shall be irrevocable by Grantee. ) ) ss: COUNTY OF PALM BEACH ) '~{M: THE FOREGOING INSTRUMEN~~as aCknoWI,edS me this .:)j day of ~~ , 20o~, by LV lLf'A(~ and , who are known to me or ho have produced F/L-)J'<,(/ce {/~ /L)(?J25, 1;'f1'f//lsf. as identification and who did/did nottake an oath. ~h,A~ NOTARY PUBLIC Witness Signature Printed Witness Name Witness Signature Printed Witness Name ~~0,T(~ Witness Signature SCZM~ F ~ _ _:rinled Witness :ame j ~ ~ ~k~&/~~ itne =nature , (~~- Ii "-, ~P-Cfni/~/ilt/~. , 4I</J-/0 Printed Wi ness Name STATE OF FLORIDA "\\'\~~'~II."'" Barbara M. Madden ....~,..~~.., f~'(~"f?~Co~on:# DD125274 :.~\ l~~ Exp1ll!5 July 19,2006 -;.,~..."= ~~~ . Bonded'Ibru ""~\I~~\\\' Atlaotic Bonding Co.. Inc. My Commission Expires: POA.IND Owner Signature Printed Owner Name /) .0......-.: '7 LJ. ~ It l(' Owner Signature /f) ;j~v"rP f3;~Lr 1 Printed Owner Name Type or Print Name Commission\No. .... " / 1.' / / ~ i i20r2O .. J 1 in. = 170.2 feet 4 0261 0244 0241 0234 0231 0224 0221 ~ 3 0262 0243 0242 0233 0232 0223 0222 0213 0212 -~ L.- AI -.6. VI; -- 0 0041 0081 0111 0141 0171 0211 0241 0021 0061 0091 0010 0090 0121 0 P1 P 0010 003 - 1 0411 0381 0361 0321 0281 0262 26 02;11 0201 0131 0132 0060 0191 0160 0481 046 lV~ SAI I 10 0041 0080 0111 0141 0171 0211 241 0010 0021 0061 0091 0010 0080 0121 0010 003 - 1 0431 0401 0371 0341 0311 0281 0262 0 l26 1)231 0201 0170 0130 0060 0191 0160 0491 046 ~ rllliil {;lJI 0040 OOTO~ 72 r I~.';' ;;jJ~ A~: .... - I 0090 0010 0091 0121 0010 OlX 0 . nu=-: 0120 1 0421 0391 0361 0331 0301 0271 0260 0221 0170 0060 0191 0160 0481 046 0160 ~ -m: ~10 0060 0081 0111 0141 0180 0211 I 24 0010 0021 0060 0090 0010 0090 0121 0161 0021 0060 1 0421 0391 0361 0331 0301 0271 0260 0221 0191 0131 0132 0191 0161 0162 0460 I 0070 -a.VI= -'-1 1 "1J08O 0070 I ono 10 0041 0071 0111 0142 0171 0210 0 l~ P 0240 0031 I lJ120 0010 0090 0121 0010 0 0130 Location Map - Exhibit "A" I~'R:I I"7:I)c.!J J "'ifc ~ Le)> . ;C i<, l </\052 r>31 ~ 1/111111111/1111111111111/ 1111111111111111 " 11111111 .,or,;. .-:- T,T~"':j BEACH '. :' -'TICE CFN 20050~~19297 OR BK 18417 PG 0171 RECORDED 04/15l200~1 08: 24 : 23 Palm Beach County, Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 0171 - 178; (8pgs) THIS INSTRUMENT PREPARED BY>~ 22 r; II: 57 James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~o~-o'S- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of ,200-, by and betweel! .J;;hr\. 'T GfA c...l-+ r e r- i 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 TIIEREFORE, for and in consideration of the privilege of receiving water service from the Municipal1}hu r Sysk; n and tht: mutua ~ COV(.,1~ants expressed herein, t1:.~ City \.--[Boynton Beact and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide ~tomer 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 Citj hereby agree that there are f.~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be respollSlble for installation in confo~ance with all codes, rules and regulations \ 1 applicable to the insttillation and maintenance of water service lines upon the Customers premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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. CQstomer 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 inforlli QJl~"and all assigns orpurcli1Serso::'t.nj or part of this propertyofiliis covenant and oftht.. 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. 2 9. Annexation is intended to be and is hereby made a covenant TUnillng 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, Florid~, and the Customer 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 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. ~ 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No addition31 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1 [k day of ~~ ,;,00-::>. . " -, WITNESS: ( '/ INDNIDUAL(S) AS OWNER(S): /' ~ /1' 1 /,'''' ~' ,/~/2 I . Signature . J i! h" J, rt ua 1-1-- Ie R- I' Printed Owner ame ~C~~~ Witness Signature J' fJSftA/ CoLLI jV~ Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness 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 the County aforesaid to take acknowledgments, personally appeared J 0 h n J' G- u- a / f j t: 12 / . 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 known to me or provided the following proof o fidentification: (-I D e. .- cia. fJ? i v f (2 '5 L .' C 'f h S ~ . I1J ell WITNESS my hand and official seal in the County and State last aforesaid this -::r day of f'v\({(2.(h , 200~ (Nui.:.:,.y Se~ "0) lllI!'Ptloa ~tl~ "'''''''' --~ m 900Z '61 Amf S3.TJdxa: :~ ~E vl.ZSZlaa # tIOtssrmllI""'; ~ j " YoJ ~ c..~.... uapp~W 'w ~ll!qll!g ~"11~,A,~;,,\' v!i-~<-h~~ ~. hl<</fif Notary Public WITNESS: ,fAZL/~ .~~ CITY OF BOYNTON BEACH, FLORIDA \,lv-O-S:vll. IV"\- TO ~o L";'D""'V f2.o;;;--Ol.r 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 , Mayor and , City Clerk respectively, of the City named in the foregoing agreement an.d 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 ,200_. dayo{ (Notary Seal) Notary Public \ \ 5 THIS INSTRUMENT PREPARED BY: James ,.. Cherof. Esqull1l JosIas & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'Po-.\ "'" ~ I/We, JCi~ J. GLA-aJJ-I~; l 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 shp.1I extend to thp CITY OF BOYNTON BEA~H 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: () () - if '-3 - ~ )~ - I q~ b;) ,0 /:!J . {/ /9' / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, ..., FLORIDA, shall co~mence and be in full force and effect on the ljf1...... day of ~ {J./Lclt ,20 ()~~ and the powers and authoritY shall be irrevocable by Grantee. c I tJ.. ;4-/(.I.A/ 0 Printed tness Name ~C,tt.L ~/l> Witness Signature S' UJJ1-AJ Co L[ ; AJJ-- Printed Witness Name " ~ ,." /' --" !' . I. t,lt. ,j,./ ., --:J o er Sigrtature / J61'YI :T, Ccll-LcL1fif((." Printed Owner Name Witness Signature' Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name ST A tOE OF- FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me thisY a.. day (\-:1 tc. (u-.-l1 , 20 D ~ , by ') D Ii n' T, 1n C( u I 1- " ~ 12 / and . . . . , who. are known to e or who have produced . f / (; 12 ;e/a d t2,' 1/f'//5' 1/(7'/1",(as iden~ification and who did/did noHake an oath. ~ ~,ftL-l4~ NOTARY PUBJ-IC of \\111', B b "<~~"" ar ~a M. Madden g ?/ t;;;';f;.: COmmission # DD125274 ;'%.\.~.~g Expires July 19,2006 "';;OF'f\.Cl~,,~ ~nded 'lhn1 'I,,,,,,, Atlantic BondingCo.,Inc. Type or P~nt Name Commissiort\No. My Commission Expires: POA.lND -+- .. 1 r-- 1 in. = 148.9 feet ....---- 0010 0090 0121 on 00010 0031 0070 0101 0131 0161 0101 0221 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 AVl 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 OO:tO 0101 0160 0481 0450 0411 0381 0351 0321 0280 0210 'r "11'" . ~w....: A' r~ 0010 0091 .. ~ 0121 0010 0031 0070 0101 0131 0161 0221 ~.~ ~n ( :nAIA A.. Ir_ ~ ~C! - ,..,. ."" -~ r'" .... "G 0050 0191 OUlo 0481 0450 0411 0381 0351 0321 0211 0260 . AVI;; 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 0111 0161 0162 0460 0421 0311 0361 0331 0300 0260 0070 - AVF 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 - Location Map - Exhibit "A" IiI 1t1 (~I .., ... . r , ~ ~ ii'r TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1\ O~- olS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this day of ,200--, by and between W~sl~ f Mu-y A-lIYl 5YV\l .f"'- - hereiriafter called the "Customer", and the CITY OF BOYN ON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits ofthe 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 ofthe 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 descnOed 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, 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. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 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. 1 L The Customer hereby agrees to indemnify, defend and hold hann:Iess 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 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 shan 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. ~ \y11NESS WHEREOF, the parties hereto have set their hands and seals this Is#- day of .. '{! I , 200..2.. WITNESS: / /T# - \'v~~O X~~ Dm{o Printed Witness Name 3 1n~ ~~ h~tlt ~wner Signature ttlir-I ANN :5M;-j-h I Printed Owner Name x: 8ci / (ylB-AO Witness Signature /; \ ~CL ObcLD Printed Witness 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 the County afo esaid to take acknowledgments, personally appeared ueJLe tiML 1tl r .'- 1 .; fI/\ 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 known to me or provided the following proof of identification: FIt) .,;tlA. 0, L . WITNESS my hand and official seal in the County and State last aforesaid this / ~ day of U..t' r; { , 20Qf I (Notary Seal) r /'. /J//Z- ~~ u~,. / Notary Public WITNESS: It 111'1' IIStJSANCOOjjGUll..II_t i <<I> COlNIII DDCIII!GI5 : . ~ . : ~~ ~ 3/112C101 : i Pi/" Bonded lhna (800)432-4254! : ~IIIHf,~,""'''' Florida Notary Assn., Inc i S...::t,. ,- ,.. ................................... CITY OF BOYNTON BEACH, FLORIDA 411I Kurt Bressner, City Manager ATTEST: City Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , 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 , 200_. day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PIQL.M ~ I/We, i/lkfJLe V"+ M.fU-y Ii,.[ IV ...')/1; '-rt, , 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: otJ-- r-:5~ 0.5--/9- 0;2 - OeJ'I>007cJ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I ~ day of Afr;i- Grantee. , 20D S" and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the j.{fA day of 4, ri L . in the year two thousand and :f; ~ Sealed and delivere9 in the presence of _ i(/& ~j (j Printed Witness Name ~~^-/~O ~it~n~ture .--.-- ~inte~ ~i~S~rC\ 5~/TP Printed Owner Name ~~~ Owner nature / M4h-t !J'; d S,M; r t-, Printed wner Name '< ~C)1\LiAD Witness Signature i ~~ Q>~d Printed Witness Name of STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged be ore J'fJe this /~ day ~ri I , 20 dS, byRS I..e ,. 10r ~ J;,.,' and , who are kno n to m or who have produced [==lon;J17- D. L. , as identification and who did/did not take an oath. ~\;;r7/2~~~ ~ ; NOT ARY PUB~!Sa "d. .. " r .J"' WI JfV C OLL/ !lI~ Type or Print Name Commissi0n No. My Commission Expires: POA./ND ~......"'.""''''.''''''''III'''.' nil ".1 : SUSAN COWN8 : : ~~ CommI OOOIIIOIS ! ; f?m" Expqe 3/112008 i ; \~~.li Bonded lIvu (800)432-4254: .......I:,H;,r;;\\,'~ Florida NotaryAssn.. Jnc : - or ~. ............"........................ , Department of Health · Vital Statistics 8T ATE OF FLORIDA MARRIAGE RECORD TYPE IN UPPER CASE USE BLACK INK Thillicenn nlll YIIIid unl_ ..., 01 ~ CIrcuit Of CcunIy Court,.~~. (STATE FILE NUMBER) 1111111111111111111111 12/~/2003 12:35:08 20030748361 OR BK 16~70 P8 0289 Palm Beach County, Florid~ Dorothy H. Wilken, Clerk 2003MLS002679 (APPLICATION NUMBER) APPLICATION TO MARRY 1. GROOM'S NAME (Fnt. AMddIe. Lalli) WESLEY LYNDON SMITH :la. RESIDENCE. em. TOWN. OR LOCATION BOYNTON BEACH. Sa. BRIDE'S NAME (Fht. ~ Last) MARY ANN DELAURIER SEAL 7b. COUNTY 71:. STATE 8. BIRTHPlACE {SlateorFcn/lJII CouIIW PALM BEACH .FI::. .., NEW JBRSEY WE THE APPLICANTS NAMED IN THIS CERTFICATE. EACH FOR HIMSeLF OR HERSElF, STATE THAT THE INFORMATION PROVlOED ON TliIS RECORD IS CORRECT TO THE BEST OF OUR l<HOWl.EDGE AND BELIEF. THAT NO LEGAl. OBJECTION TO lliE MARRIAGE THE ISSUANCE 0 LICENSE TO AUlliORlZE SAME IS KNOWN TO US AND HEREBY APPLY FOR LICENSE TO MAARY. (89) full . SU8SCRlBEO ANn ItWORN TO 8!;FORE WE ON (DATE) .' OCT -07.2003 3b. COUNTY 31:. STAlE PALM BEACH . FL 5b. MAIDEN SURNAAE (If ~ RUNYAN 2. DAlE OF BIRTH CMonIll. OIly. YNr) OCT-20-1924 4. IllfmRACE (""'orForelgn Coun/Iy) NEW YORK 6. PATE OF BIRTH (AIonltI. Day, y..,) MAR-29-1944 71. RESUNCE. CITY, TOWN. OR LOCA lION ~l H /Q~...... ..~~l' llll',~ f~~'fi1' \T"'",<, ...."O~ :: 14i: '"' :to'. 0:::. fi:1;' ',~ o. c h~.: :<td-' 1-0" . ~ ~... ... iZ 11. 1lTl.E OF OFFICIAl \+'" .~.J......-: DeputyClerk ~111.e.~.iCH-'~O~':...~~ rh'l'""",\.,,,;~~ ""............,..."'\\'"'1111 ;.:r~rn~\.~~.~~~~ ~I : 4i" '" 51 '. E~:' ... ... ~-:. . i'tl: : \ -0 '., .: AFTER THE I!FFECTIVE D4TE AND ON OR BEFORE THE EXPIRATION D4TE IN TliE STATE OF FLORlD4 IN ORDER TO BE RECORDED AND VAUD. \~~" , .::,. COUNTY ISSUING LICENSE ~111 0-';' .._......~~ J: Palm Beam County 111111,1CI'I CC~>..... RT ..l........... -......' ..,,--,. ~ L. 26. SOCIAL SECURITY NUMBER 2i. RACE t:1>f"\I'l1l.t 2k DATE 1A8T MMAIAGE ENllED . (AID.,"-. YWJ e...~ PALM BEACH COUNTY, STATE OF FLORIDA I hereby certlty that the It foregoing It a tTU8copy ~ ti ...J;;;~ VJJ%] Thl87:::.. Day DOROTHY H. WILKEN .-. .. ~..... ---" Location - 3696 Dorrit Avenue ".- , .,) THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1\05- 015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THk, AGREEMENT maqe on this day of ,200 , by and between MA.\<... Wo Z N \ C~ ~ 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: 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 H Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used onJy by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph] above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. ] o. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. _ U.::: I IN WU'NESS WHEREOF, the parties hereto have set their hands and seals this ~ day of Q'{O/'v\./t , 200S~ W2NESS: , Witn~2d - r-eQp ~~m~ F.~ Printed Witness Name ~~?C4.'L ~t'! ~ Witness Signature S' u..f!7-/1/ (rOt t /./..1 ( Printed Witness Name IND~IDUAL(S) AS 1:2:(S): .~iL~~ Owner SIgnature 2) ... MI\KK tDo'Z. N \ c.lc Printed Owner Name 3 Witness Signature Printed Witness Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S)NOTARIZATI0N: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~j2-WnsQ Owner Signature - lv\ ~~ \Z WD Z v--.l ~ C-~ Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared It} u 12. k LV c~ n Ie Ie- to me known to be the person(s) described in and 0 executed the foregomg mstrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: I::: leI? U:l.L JJ/2 /t/ '( R 5 ./ I '{' ~ PI S .~ . WITNESS my hand and official seal in the County and State last aforesaid this / ~.. t~ay of Ii tJ Il / / , 200~ . - (Notary Seal~I"IJI', Barbara M Madden ",\~y PI//9.", . {!Y1:'~'f?~comn?ssion # DDl25274 ~A !~E Exprres July 19,2006 -=-J'I""ifr f',<:;~~ Bonded Thru ""1/,,\'\' Atlantic Bonding Co.. Inc. WITNESS: e/CKGXlo.~ v.e.Xvnc,- Il~ ,4 L/if"t-v~~.~;l< /k <<.-c~ Notary Public .C~. Y OF BOYNTON BEACH, FLORIDA .lW.l= -"'l<<'n~ 1>""-,, J Kurt Bressner, City Manager rtf~~;~c~ ~. '. ......".....g .f.:.:........... ,~,.ffj "............ . /,1;i:< . 11:}r Clerk '. "'~"- -,:,,' ',' ..', ,,: ,-, ~ ...... - ,,', -.. .. -, " "....->.-.. ,';.., ," ....._, ",/_.,-_.. c_ . ,. '0 t::'~ ::'~: _'"_C:' -, - .,'", " "-"-._- -' .. -, . .~_ .::~"~-_ .. '0 ":".-j:; 4 <;:. STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid aI)ji in the County aforesaid to take acknowledgments, personally appeared I< \.\ll.+ .is eo(" C) n-( <<.. , City Manager and ..J u Y\ et (\1. f ~CU n ii...fL, 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 :) & ~ay of J1f~fJ , 200~ (Notary Se~~W4?" Barbara M. Madden g~~...&;~Commission # DD125274 ~0.~.Aj~ E Expires July 19, 2006 ~~~--....-:..~~ Bonded Thru " OF f\'\..;,'" . "II""" AtlanDc Bonding Co., Inc. ~.Ih.~ Notary Public -'l'lt ~\<;;;.J City Attorney .I. 5 THIS INSTRUMENT PREPARED BY: James A. Cherat. Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF fa/m (S(?{((h I~, M c( R- k. tc/O /!;)1 / L k. , 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: DD ~ ty 3,-- l..f <-;; - It{ - () J .- LJOI - () :5 (P / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I t)- 4iay of f} J) 12 " I , 200":> and the powers and authority shall be irrevocable by . , Grantee. ... t~( IN WITNESS WHEREOF, we have hereunto set our hands and seals the / ~ II iJ fZ,' ! , in the year two thousand and f / {,) '<::: , day of Sealed and delivered in the presence of () n~ (? . Q~Q, ~e . '- ~ ~r Signature ..0", ~sY\u~1 F. ~ei2 t)At\R~ t00'LN ~c-l Printed Witness Name Printed Owner Name r-/;Y';/ ~&/aVL~.{;Y~Pl ; Witness Signature S {}S'lfrJ ('OLe I lv-I Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) -lA- THE FOREGOING INSTRUMENT was acknowledged before me this / ~ day of afJIL/'/ , 200:)'~ by mURk tUCJ(;1l l't:. k and , , who are known to m or who have produced F/I7;e,'clA tJl!l'tI-(~:' J- ,ll r,JS(as identification and who did/did not take an oath. ~~~8-- h.. /ll u4L~Cf NOTARY PUBLIC "'-;;'V~!;,,, Barbara M. Madden ......,,'\ ~~-." C '. ff:f?A"'t':~ O~on # DD125274 ~':?\. fC{= ExpIreS July 19,2006 "~".... 'fI::'$ Bonded lbru '~,t:' OF f\.<::),,'" . "'",1\" Atlantic Bondlng Co., Inc. Type or Print Name Commissi0n No. My Commission Expires: POA.IND l .1 . J i ! i I 0282 0283 0292 0293\1 I I 7340 I f~ 0281 02841 0000 0291 ." 0294 r 1 in. =.175.0 feet 110 7330 ~~ \ J S 7100 7060 '" 0264 02511 0244 0241 0234 0231 0224 0221 7070 T080 0253 0252 0243 0242 0233 0232 0223 022 .- I AI AVF ~ 0010 0041 OOT1 0111 0141 01T1 0201 0010 0041 0081 0111 0141 0171 0211 0241 0021 0431 ~11BE 0301 0271 0240 0461 0411 0381 0361 0321 0281 0262 l 261 10231 0201 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 0171 0211 l ~4 0010 0021 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0281 0252 0 ~5 1)231 0201 ,. ~IO" 10'1 'IS. &UI 0010 0041 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0150 0190 0220 0 ~A 10241 0030 I 1461 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 I 0301 0271 0250 0221 0190 AVE - 0010 0041 OOT1 0111 0141 0171 0201 0010 0060 0081 0111 0141 0180 0211 24 0010 0021 0431 0401 0361 0331 0301 0271 0240 0461 0421 0391 0361 0331 0301 02T1 0260 0221 0191 4V~ I 0010 lit 1 0042 0081 0111 0141,- 0180 0211 0010 0041 0071 0111 0142 0171 0210 0 ~A ) 0240 0031 0431 cl30 Location Map - 3947 Sarkis Avenue . 7 ~ . Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3947 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legi!! De~~ription: UNINCORPORATED 00-43-45-19-01-001-0361 WEST BOYNTON PLAT 1 07499 Page: 0444 Sale Date: Nov-1992 WEST BOYNTON PLAT 1 LT 36 (LESS E 23 FT) LTS 37, 38, 39 & E 3 FT OF LT 40 BLK lA/K/A AVONDALE PINES UNREC Owner Information Name: WOZNICK MARK L ~,~"' AU. ~'.'L I Mailing Address: 3947 BARKIS AVE BOYNTON BEACH FL 33436 2714 Sales Information Sales Date Book/Page Price Si!le...T~ Owner Nov-1992 07499/Q444 $88,500 WARRANTY DEED Apr-1982 037Q2j_l~65 $10,000 QUIT CLAIM Jan-1980 03325/104& $62,900 NO DATA FOUND I"'.'ffi~ "l.u ~i'1iI1 Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2061 Acres: 0.18 Vsec:od~: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I .... ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 82.474 80 936 79.039 IjJi\S~illlllll Exemption Amount: 25.000 25 000 25.000 Taxable Value: 57.474 55.936 54 039 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Ili$SiIIXx~1 k.'~"h{~~~"l ~1[Q;;ieB~1 li1:X;acaldouasBAOA..jii,1 'u<;;;",,,,.iildat;.i:;viJli81.&JI NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the ~}L~U It http://www.co.palm-beach.f1.us/papalaspxlweb/detail_info.aspx?p _ entity=0043451901 001... 4/1512005 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren,. P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 RoS-OI5" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200---, by and between r-CRENC-F.. IfND fAu/AJEEHLfqAJc-TotJ 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 receiviqg 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, 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 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 ofthe Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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 ofthis Agreement. -A.-l( fI IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of /)/2,'/ ,2000. ( - ~ Witne~s Si~atute ':-.. . "''t..o. 'L''-~''-..\ \'\.'\C,t \\__ Printed Witness Name INDIVIDUAL(S) AS OWNER(S): --r Pi~ Owner Signature -1~ R t~CE .p, f.,--k Jt~ CrT!))} Printed Owner Name 7Zt 1)/ T II- 1. ~t;LE Printed Witness Name 3 ~~ ~. 6 '"":)"-. ') Witness Signature ~k Owner Si ture Cf'>.\ t\E'-e.. i ~ E L0~ ",- T\:) tJ Printed Witness Name JAV,NEe P,t-IrIN4TeV Printed Owner Name (:JltIJ 17 /-I- Ii n pi( L E. Printed Witness 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 ~oresaid to take acknowledgments, personally appeared -e (Z-( (1 <!.e 4- a.l) i p e fl, LI<I -fo ...., to me known to be the person(s) described in and who executed the for oing instrument that he/she acknowledged before me that he/she executed the same; th the individual was personally known to me or provided the following proof of identification: ,.- I 0 2 I p- d I' ." ' . ., ';;:.f'S,. . WITNESS my hand and official seal in the County and State last aforesaid this Q4)~ , 200~ I - (Notary Seal) ~r- I ~ dayof ","'" B b M d ,,~,:~YPt!.", ar ara . Ma den ttr~i~i~comn;ussion # DD125274 ~..... :~::: ExpIreS July 19, 2006 "';:"iOFf\.,O~~ Bonded Thru "'11"1\"" Atlantic Bonding Coo, Inc. di-c~ A ~h1-c~ , Notary Public WITNESS: C)~ CITY OF BOYNTON BEACH, FLORIDA tP'v'RS"i>-\-l1 10 (Zt.:"01-lA~ ~OS-I S- '1 J~:rr- .... A TrEST: JJ>>lC( tL~ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in. the County aforesaid to take acknowle<!gments, personally appeared ::J fa (lITA~'OCIL. , Mayor and j ~n"'t y)1. f f4, i h .+0 , City Clerk respectively, of the 1ty named m the foregomg 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. 1'1.. WITNESS my hand and official seal in the County and State last aforesaid this .:J. (, ~ay of 'IT F~i I ,200S- mil""" Barbara M. Madden (NotaI11. ..~Cornmission # DD125274 ~.;,~ ).:i,::: Expires July 19. 2006 -:;~)'--.......~~~ Bonded Thru "';;9.~,;;~\" Atlantic Bonding Co., Inc. ~Ju.Ik~ Notary Public Approved ~s.. ~ 0....' 0 /'" If. . / tlwWA<J r~ ASf + City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF F f) L- iVl IS E' ftc Ii IlWe, T~lZfE~ IrIvDPflJfNEE: PtLkIAKi7iJ/y' 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: (){) '- 'f 3 ,Lj,~ '- / Cj - 0 / .- 0 ();;... - (J / 3 J The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 1<; +k... day of 200S- and the powers and authority shall be irrevocable by Grantee. --c-tr IN WITNESS WHEREOF, we have hereunto set our hands and seals the / S a ~f , in the year two thousand and f ,'t.-t . , day of \ ..~ Witness"sfgnatur&. . " ) ~" i I . t \ I> I \ \\ k \ \, p~~ W- ess Signature 'Y- ::rIA /J I T If- /1-. jJ r L--~ Printed Witness Name Sealed and delivered in the presence of , rr-: Owner Signature ,e-Rf7NC & Pi t..-j<fW4",tJ Printed Owner Name C-~_C~~) Witness Signature j~ .e,. Jnv~ k Owner Signature ~ Pfl-v J ^J Ec Pi L-k, NO, "A.! Printed Owner Name v'U1J iT H . A. fJltL-e Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of _ cAe ~E F,?REGOING IN~~~UMENSwas acknow/ dged before. me this I 5 day P III ( ,20~, by -l- li lJ t (' , I ' and , , who are known to me or who ha produced , as identification and who did/did not take an oath. ~~<<--- ~, Aah~ NOTARY PUBLIC ' ","lIp"', Barbara M. Madden ,'- ~'( I.J ,~ ~~;'l:~~COmmission # DD125274 =,j,( 1.;,: Expires July 19, 2006 :.~;'s;:.....'~f Bonded Thru ,<?,~,~~~", Atlantic Bonding Co., Ine. My Commission Expires: POA./ND Type or Print Name Commission No. ... I 7080 J 1 L02531o~ I 102431 0242 :1 LDZ3J t'.f.J.f \ \ ........~ L-----L-' 1 iR. = 151.9 feet I I - -=,.~ , '''''-.'' ALADDlN AVE ~ I I I I 0141 I 0211 002 1 0071 0111 D141 0171 0201 0010 0041 0081 0111 0171 ! 0241 : I - 1 0361 0331 0301 0271 0240 0451 0411 0381 0351 0321 0281 0252 25 0231 020 ,NE 0071 0101 0171 02013 9~'8 ~' 0080 0111 0141 0171 0211 124 0010 002 .~ Irl(, I~ j ~ '~t: . - I -- .,. - 1 0381 0331 0301 0271 0240 0461 0431 o.t01 0371 0341 0311 0281 0252 0 l~ 11231 021 r ,Fl FRS AVI I 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 0190 0220 0 l4 '1>>241 00 91 0361 0331 0301 0271 0240 I o.t51 0421 0391 0361 0331 0301 0271 0250 0221 ..u . AVE I 1 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 0180 0211 24 0010 00 11 0381 0331 0301 0271 0240 0451 0421 0391 0381 0331 0301 0271 0250 0221 ~ ~ r 42 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 0171 0210 ~ Z4 00240 .-- ~130 ,-.-'. Location Map ;;; 'r11 Y . j TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~D5- 015" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this _ day of ,200--, by and between H t=:. i fJZ f IVANe:" A L(d3l2 M (S S 610 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 ofthe 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 descnbed 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, 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 cod~ rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf ofthe Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exciusively 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold hannless 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 oforresulting 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /.5 day of /1/// /- ,200r - '3rESS: e.-l7Ld1 Witness Signature -- INDIVIDUAL{S) AS OWNER{S): /~~II!~ ner SIgn re ~[U\ \^f'lc,\ \-<h \-i~ v if Printed Witness Name ~ ~~ ....,r-,... 'U ; ~<l//-L!-Ae~ tness Signature 1I.6/N2 ff /l~t:E,('fl/Sf'E/V Printed Owner Name JLxk W~*~ Printed Witness Name 3 SfLt'- fll/l.1o.L. Witness Signature d f\ ~ v/(l . ~ture .:Sr-cJc.[\ <Y'o\ \(;'--t\~e.J Printed Witness Name !Yt?AIt'y 7: ,.f..{G~A"".?;1/J;{b/V' Printed Owner Name /'\ a ./- ~~ -<'-:1.. -/'t OX:7L/ itness SIgnature 1~ Rrt'8'b\ Printed Witness 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 the County aforesaid to take acknowledgments, personally appeared 1-\ ~ \ (\Z- ~ ~ i'J A-Nc'i A L bE" ~(Y) I ~"S~ ,J 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 known to me or provided the following proof of identification: ):::' L'!:)R L c.. l..nS<= (Notary S~al}- I' WITNESS my hand and official seal in the County and State last aforesaid this A-pr .1 , 20o.~ Qc is' day of ~~ A ....'i';. o \:. Z 0 A. C. YUKENAVITCH Notary Public. State 01 Florida My comm. expires May 17. 2007 No. DD 196443 WITNESS: L~-tC~~ Kurt Bressner, City Manager \ V~u \W~ ';'.i '1\'F'I'EST: ,,/>,,..... ...,...,.".;... ~ /"':,-:::-;;:'.,:_~;'--- -;>)"' ""'___: -J<:':,,}\. . . ...., ,-, '.";,'-" - -.- !~....:.'.'.....'.'.'..'.'......!..'.'.'.....".~.~................'..........................,......... ....................'...o......'..'.ct................J....',....... ro. . f"'i' ....., .' .'.. :Cit)k~fk ;. : ' , ;- -' ,- " . - -<- ~,,: :~ - ,; , .- ' ,;:.., ; -C" ,'____ ,..__,"-",_; '-, ct,' .:. ~ ~-:.::,'_:L~J~{}'j: 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared tc ~~ + ~ e -ecD C:;h 'ilL, City Manager and ~ Ct (\ -e 1- rn. filA in; to, 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 ;J (, day of 11 ('(lj I . ' 20~ . . (Notary Seal) ,,'.'~V~:f', Barbara M. Madden ...' ~.....:"~: us:', f~"1i;...~':.Corn.n?ssion # DD125274 ~~\~j~~ tlplIeS July 19,2006 -;'%;oF"f\~t....:- ~onded .Thru """",' Allan Bonding Co., Inc. ~A.)L~ Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f,?f.m IS E4-cll flWe, &//jI1. er .#'~/V\y 4iau /J11.s?S~/1/ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish ann~xation by any available means. The real property which is the subject of this power is described as follows: 00 - 4: 3- t.f~ - 17 - 0 Z --OIL{ - COS-I 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 /l/~ II. 20,1' S- and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the is day of ~(.\ , in the year two thousand andMvL Sealed and delivered in the presence of ~Wr- ~ Witness Signature ~n~ ~?C~ Qwner Signature " :5h~/cf\ h'\~\ \~~~_A.)(l Printed Witness Name //k~L~ ~ ~ess Signature IIE//VZ /4( $tic/.4P/JJ~A/ Printed Owner Name JuJ-i.- RJ~~ Printed Witness Name Cj r- nLDU- Witness Signature ~~~ . Owner' re ~ AW#'Y r .4.,L0/~/I//Sff/f/ Printed Owner Name ~0(\ me' \1h"nCAJ(/ ~dWi~:? _ ( ttl//.A'~ Wffness Signature j\j~ FcJe~~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this \~ day of Ay(,\ ,200S', by J-te.\(\L A\c\e(m\'s~e01 and who known to me or who have produced ~c ion and who did/did not take an oath. 'i1(.:,y~ '3 ~.. "~~ . h~ A. c. YUKENA VITeK ,>.., o f'": 'f, ~ I ~ (; No,ary Public. ~tate of Florida My ccmm. expires May 17, 2007 No. DO 196443 My Commission Expires: POA.IND r ... 1 in. = 123.3 feet I 11 0010 0090 0121 0 D1 0001 0 0031 0070 0101 0131 0161 0191 0 22 I ~ ~2 0050 0191 0160 0481 0460 0411 0381 0351 0321 0291 02 6 ~ ~ ..... 4. V'" - - ~1 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 02~ ~ 10 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 0 - "( ,.... .- H...'" A' ~ - JO 0010 0091 0121 0010 0031 0070 0101 0131 0161 0191 02. - ~o - 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 02 )0 ~ 111 'Iwl liT AVF - / i;: ~O 0010 0090 0121 0151 0021 0121 0151 0181 02. 0050 132 0191 0161 0162 0460 0421 0391 0361 0331 0300 02l 0070 .... A U... go- ~ >''''''''''- Location Map - 3580 Dorrit Avenue N r . ~ l~IL/)) 1-) :~::; :~{~~~~t~:~'/ i; ~":~~ iliA; c. c.>cynf(,n bsach Blvd. Boynton Beach, FL 33435 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 .- /e) . 111111111111111111I11 m II nm 1111111111111 CFN 20050323782 OR BK 18644 PG 1306 RECORDED OS/26/2005 09:43:38 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1306 - 1314; (9pgs) RD5 -0,5"" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this day of ,200 , by and between SieveA.. M.. 4 L~'1"-.Nt 'Pi I c~ hereinafter called the "Customer", and the CITY OF BOYNTON EACH, a muruclpal corporatIOn of the State of Florida, heremafter 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 M Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such hnes shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work performed, the Customer will also advance such additional funds as may be neces~ary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running \Vith the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this L day of No" , 200~. /flNDlVIDU. A.... L(S) AS OWNER(S); ~1?1l/ Owner Signature glJl/JJ ki fill C//$ Wi nes SIgnature ~~n4 sruW):5 Pdes, :~e_ Witness Signature Printed Owner Name I!r; Let"" j fV1"j-~ Printed Witness Name {fir Witn~gnature ~AfP Owner Signature zj;/;! J /?Lt~~ -1 ~\'\I\\)()cl S't~l\\t5 Pri&ess Name Wi Signature Printed Owner Name fr . &i& /"\ ,S /l1 .. f-~ Printed Witness Name FOR INDNIDUAL (S) NOT ARIZA TION: 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 LJIJt/JiJ .f{{Jcc' . to me known to be the person( s) described in and who executed the foregoing instnunent that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: \=.\ 1Jr\"{Q s. Lt"S . WITNESS my hand and official seal in the County and State last aforesaid this $( day of IN \) V - , 200~ NOlaryPubli~ S; ~ (Notary Seal) .... a\. Teni Lynn Souza !~ . My Commission 00298102 1;0,":.1 Expires March 10, 2008 WI~ I~L R(A'1~()(\c\ 5e \1~q<;_ CITY OF BOYNTON BEACH, FLORIDA [P""'o~m '" z:.::: "0 R05-o,s] J-if7 . ATTEST: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) 1 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 S ell(l't 'T a1fo fC- , Mayor and J tin et- ~. f ~ ; h i i ~ , City Clerk respectively, of HIe CIty named m the foregomg 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 :}[... U4.day of ~ ,2ooi (Notary Seal) "\HIII,, B b ~~,\~V Pi!''', ar ara M. Madden ~ <::>,~...,,-..;.<t., c '. ~~! \<;~ o~on # DD125274 ~-;;" /~f ExpIres July 19, 2006 -;"/OFf\()\'~ Bonded Thru "'"/1\\\\ Atlantic Bonding Co., Inc. ~A..h~ Notary Public THIS INSTRUMENT PREPARED BY: James A Cherot, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Fllauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA /7}11' /1-./1 jJ COUNTY OF MILj1 i4.l1iCp7 l/We, /)IJ/Jd fiLki' , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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: pc,.} Do ~1 trS-/7 0 I {.?07o 'to/ FLORIDA, shall commence and be in full force and effect on the The powers and authority of my attorney, THE CITY OF BOYNTON B~CHJ ~. <t day of , 20 iii and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the </ day of -1\AN. ,in the year two thousand and O~ ( sealeffelivered in the presence 1l ~m V Wilne~ature lOWnegnature /~iJ ;/7/0 SlIP"! f5 eJ/jlt/J!) i 'fCl~-C-' ~itness Name Printed Owner Name Witness Signature /fl'< .~'-"" <__L..., 1/-1, Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT wa~ acknow~dged before me this </ day of No'J- . 20n. by ,L2\ V. c/ //;-{ \ ~. and · who are known to me or who have produced \=\C{ ~r\JtQ S L\'S , as identification and w 0 did/d'd not take an oath. My Commission Expires: POA./ND NOTARY PUBLIC \€(LIt~ L~ V"\\') SOt-\ 2~ Type OT Print Name Commission No. .01'.....'" Terri Lynn Souza ;. ~; My Commiqion 00298702 ......,.., Ex~rl!l$ March 10. 2008 0060 0050 I - Don -I ~::: I 0010 000 ~ -----::./ ,-::-~, ' 0000 30 2UD r= 100 ... 0000 ~ 19' i/~, r,.u;d ,~'Pff!: i-I! ! I O}".~2&3r I I ' 1-. '-.:.:'=.--' '~~.!f;:::, .,~,,!.,,~, _. ~'" i DODD I \o2<l,lDm ,I ~_~L-~ I! l L-~~_~_i,! ,,--'-THOI\t&II\IOOO' erR 10'~7~ [' ~..IJ OHlJ17.t! :---LJ <> !~-~ ~ .'o"'o~ T , , -t ' il,~~;j ~ I LL._ ,-r- I r19f''l lIP';r,~ ILLJ "' IttE I i , I 7170 1161 7140 7251 7250 71BO -OO.L1-j;~;'; I I , I II b~'~3111 D~iiO LJ "4;-0~ J-+~ ~30"'301 L_LJ OOOOL~_- 1 in. = 268.0 feet L -------.--------------,--------- ---j 1190 7192 7220 1210 I 7150 , I i ! i I I ~-----,L--r- - I 7330: I ! I 7100 I f , I i i 1 7200 i i I ----r-~.----~--- 1320 - 1110 1110 J 13.40 7300 .l--~'--1 --------~ " roi1-4lOi11' ~m jOz":i ~---~---------------------_. -- 1060 j 025iT1i2~-q ~4iT0141! ~i)234TOrnl .-oTsrro25i1 hi14i\0242: ~Oijrn-ij~ L _'_ L.__..L....J L_ 1 ~..J 7010 7080 i-'- I 0091 i I _....J 0132 I J ." .~-::r:"T::!=- T .".1.:"- [ 0.' T.:" T.... -::, ~"" I'''' ! .." i '"" ~_l.-:-j:: -t~lf- 4~~--; --- -t- -i-r+-;-~ 043111 0.401 II 036' 0331!1; 0301 0271 ,I DUO ,_:' 0'" III 030'1: , 0351 l 0321 L0281 I 0152 0251102311 0201 i 0131 -L ~__ ~ - l--.llt I ~~......" l'" I ."r~ ."' r;;T: [:"1 ""c!:;;' r.", [,,"t=- I -:::-r..., 0'" , 017' i 02~Ljoo:r:~II, o051T-=l' 'I I':n I ' i ; I I , I ' 0:T~~'52 5if)2~-,To'0...i 0170 0130! 1 I ILL J T-.....,..---- \ I I 0090 0030 I 0060 : , I ,,"I'..l "'. j 0150 ::10041 j,o:f:l'''Ei ",;~, T .:1... f ,'''~: ,::!;..ol:~ [=rF F." I .", ! ".. .m I "" "" I ...~ ~.:1.." I .m I .." I "" I .., i ""!..~ r~" U..1~ ~ .-L-'O .L L L-...L-.l --=-T-r 0050-\=T::r::-'0,::T='fI,o ~,Jmij[ I' 'L. I , 039. I 0361 , 033' I ::T:71 I 0250 0221 I 0191 i ' 1...l,..--J~ t~-r-T I r--I ' I I r ~-1 0010 II' I I I I: I :j'"'" I.", 1""1: o"r. 0100 LL0211 00.0 00" I 0071 1011' I 0"2 jl 0171 [ 0210 1l0~ 02.0 i 0031 ~LL lL_ _~l~ _l~ _L 0401 0361 OJ31 0301 I 0271t.0 ~O Lt \ \ \......... f-r=r=-l~0010 1-= C' t "" f.... I .... r=- i "" ~ .: fJ .... ! 0010 0481 :::=-~~ l-=-i..,t.. 0010 0401 1 00.0 0090 0121 0151 0050 0010 0191 C 0162 l"" [ff' I ... \... .." ....1...1=\-. /~... \ ~:TI' ".. I." \."1,:,, i ." ~\ :::::r . .~ .." I'''' 1"..1 .." ! ~. l ,-' .." /,~=/ ~~ ~ll-=-I , 0250 I [ DO" I ~rt'o ~~~ -=1 0230 I 0011 ~010 0000 0220 0050 i-r-- 0290 i 0280 I 0270 I ! .J~_...L...._ Location Map - 3845 Coelebs A ve. 0110 0"0 0210 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire J osias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~O5" - Olf) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of ,200_, by and between Car / II. +- t:/or;a. L. (i-II:1j1/U,^_ - 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 /. g Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. yf1 WI\NESS WHEREOF, the parties hereto have set their hands and seals this (). ?~ay of arC'" ,20<15. WITNESS: K INDIVIDUAL(S) AS OWNER(S): c: ex-L. Iv /A U/~ Owner Signature ~ , W' { ~~9'l!s/#'L. fU-.(I,<I(J Printed Witness Name' n V..R~tl 1\;~~ '~)~:ature tr1,' II e (" Printed Witness Name -i (! A ,e ( il C t2 A H I1IYJ Printed Owner Name 3 , . /)) x Cc-/~ Owner Signature / it. s Signature (~-:p -- . V l_ ~/!tlf'/4~. / &1#"/6" Printed Witness Name ~~C\ m~ ~:)~:rure f}1;))e '( Printed Witness Name y. GLoRJA 1-, GR.AHAM Printed Owner 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 aforesai2. an~ in the County. af9-fesai9 to take acknowledgments, personally appeared C ctrL If. ttlfti (,?{cn~"" C (J-r~hA-hA... 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 known to me or provided the following proof of identification: FIt'l, j)r/ve r ?-, c~eI1J-Q.., WITNE~S my hand and official seal in the County and State last aforesaid this ~day of )11a rc h. ,200$ (Notary Seal) f II I J ~..N'l:OlUN8. III ""'~ I _ CanIIIlIIlD'WIIOIS i : . ec.n.1M12ClCII: : ..~ IDncIed "'" (IOO)432..t2$4: . FIoricIa Notaty . ~..............""..............~':.~.i (-'. ~/ ~~l. J Notary Public CJ1tUQ~ CITY OF BOYNTON BEACH, FLORIDA CPv..(2$V~'" ,0 \2e:JO\.-\.T\ION Qos-rS J hr ATTEST: WITNESS: J,hC\ r~ 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 -lake acknowled~ents, personally appeared :J fl "lolL , Mayor and -...:..J an -t+ ft1' r fK. tt '" II .- f-() , City Clerk respectivel , of t e 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. a;::... WITNESS my hand and official seal in the County and State last aforesaid this ;J {, day of A p dZ ;1 , 200~ ,'\\';'.!/I" Barbara M. Madden ,,~. r'1J ' (Notary Seal) f'.,,~"~"~i~comn:ussion # DD125274 ~. 1. L # /J ~0.:.~!.~= ExpIreS July 19,2006 /Ie fU-~ -;.,7.)..._.....;;~$ Bonded Tbru "'"9,:,~~",, Atlantic Bonding Co., Inc. Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherot. Esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Suile 200 Fl. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF rPu/VVL B'fCtch ~e, Carl It OAJ..J. C-~ 1I"tt, L. ;"~/1Il, 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: ()tJ--<f.$-~- /9-() 2 - 007-0/60 The powers and authority of my attorney. THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ ~ay of ")11 a.r ~ , 20j[f and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the d.9~ day of YJ1..Q( c~ , in the year two thousand and .Ft v~. Sealed and deliv red in the presence of x {?~ 7J /,ho/7 .~ Owner Signature o rd / Itne ~ .!gnature \~~~(.!K.~UC-;/A:~ fCtf(/,-UCJ Printed Witness Na~. V~C~ . ~ ~t:T ;:ture tfJ; I Je y Printed Witness Name . {! AIlL. 1-/ bit A II A }'Y1 )(Printed Owner Name (~U'~= 1#1f/~ fl#vpjr ~~~::ame~~ Witness Signature \je) vY\Q M~~ '(' Printed Witness Name /FJ~. , ~.. ~.. .V 0fiU~ . wner Signature .' GLorzrA. ~o Printed Owner Name L. 6 f{ A ;~.A IV( 0' STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) rltf (drt~l/er itc't?YtJer THE FOREGOING INSTRUMENT was a<;;J<nowledged before me this aC{lhday 7'r1ar~ , 20 OS, by Otr/ If. +- r;:.lb rt~L t" (}:.-rC/LfrrtLm.. and , who are known to me or who have produced , as identification and who did/did not take an oath. - ,J;;M~~~ , NOTARY PUBLIC r ffA. I A, {J u [&lit c. () L- L/ IV .; Type or Print Name Commission No. of 'If 2CN IU8AN coc:..;;. I I 'I i _ CGIllIlIt--.! :. . .. EllPiNe~ : $ *OI"'~ Bonded IIl1\1 (800)432-4254$ i... ~ :~~f;~~....... ~~~~.~~~.~~,,~.; }~~g; My Commission Expires: POA.IND T ... 1 in. = 154.3 feet ~~ 0121 01)1100010 0031 0070 0101 0131 0161 0191 0221 0091 0010 0090 0132 0050 0191 0180 0481 0450 0411 0381 0351 0321 0291 0260 AVI 0091 0010 0090 0121 0010 0031 0070 0101 0131 0181 0191 0221 ~/ ~ 0130 0050 0191 0481 0450 0411 0381 0351 0321 0280 0260 -.. A IE: r 0090 0010 0091 0121 0010 0031 0070 0101 0131 0161 0191 0221 0120 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0280 0150 III AU 0090 0010 0090 0121 0151 I 0021 0051 0091 0121 0151 0181 0220 0050 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 . A liE: UUIIU r 70 -u'r1o -0120 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 0130 Location Map - 3637 Coelebs Avenue l , v I THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire J osias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 A.05-01~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ,THISAGE&EMENTmadeon~s~dayof--1Jj~ ,2005'" ,byandbetween .::f 0rTN M. ~.JbO,'TH A. W~ 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 properh'~. . Boynton Beach, Florida; and 'Ie City of WHEREAS, Customer has requested service to the property owned by Customer; a ,~ ~~ le water WHEREAS, the City of Boynton Beach property; and )mer's WHEREAS, the City of Boynton Beach services outside of its jurisdictional limits on anm at the earliest practicable time. 'ater ~ity NOW THEREFORE, for and in consideratio _ .,,,.l VIce from the Municipal Water System and the mutual covenal __', LIle City of Boynton Beach and the Customer, his heirs, successors and assigns, cr ~C 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 tha,t 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 Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations l applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work performed, the Customer will also advance such additional funds as may be neces~ary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 w~ter 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, 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. 2 -1~ ~~. Witness Signature ~~u{ ~g,uJ~ ~OIT* ~p~ Printed Owner Name Printed Witness 4. _ ;f'A. A. ~ ~~~re Pri!::1 ~i~ess 9.:~ (y) (O~ FOR INDIVIDUAL (S) NOTARIZATION: tJDd ~ STATE OF f:LOFJD}r ) (J~ ) ss: COUNTY OF rAT,M RFACM) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and inJthe County aforesaid to take acknowledgments, personally appeared ~~~ft1' <f ok(\ ~ . 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 wfS personally known to me or provided the following proof of identification: _~ 9'bt.tz ~.$ . . IwrTNESS my hand and official seal in the County and State last aforesaid this 31 ~ -,200~ day of ~. (Notary Seal) BRENDA HAMERNIK Notary Public, State of New York No. 4887507 OuaIlfIed In OnOndaga Cou.r:ty Commission Expires March 23, roil. ~~~ / ~~~ /I ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid an<!-r in the County aforesaid to take acknowledgments, personally appeared \j t 112 f2 7 / til / t} fL , City Manager and -:T 4:../1 f f 171. tf1 (;? 4./ /7 /1 d , City Oerk respectively, of t e CIty named m the foregomg 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 d C( C;A:"dayof )-1\ CUt ~ , 20~ (Notary Seal) \\,,,,,,,, Barbara M. Madden ~\~~()J".. commission # DD125274 , <::>...~ A ..*-- 2006 = =" ; .: Expires July 19. ::.~\. !is:: Bo ThrU ~~ ~~ . "" F OFfI.(S,\~ Atlanti nding Co.. InC. """U\,\' ~..,}?Ved r t: 0 jl7 ~(:,)L City Attorney ~ ft,.. /k~ Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. CI1erof, Esquire Josias & Goren, P.A. 3099 East Commercial BllId. Suite 200 Fl Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF VA~ ~~ I/We, TDt-\tJ m. 4--J tJ~ 111\4. l1Jt}~, 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: 00-- tf3r- ~-lq-o J -002. - 040 I The powers and authority of my attorney, THE CITY OF BOYNTON B~CH, FLORIDA, shall commence and be in full force and effect on the '8/ fr day of ID~~ 4L. , 20(7 t{ and the powers and authority shall be irrevocable by Grantee. IN ~'TNESS WHEREOF, we have hereunto set our hands and seals the 31 day of ~,in the year two thousand and ~ . ~ . ~---..- , /,.......-.... . ~. /, Witness Signature Owner ure ~/}t\- ~u.Ntt( ~HN,r)).,~ Printed Owner Name 'C ~" Printe Witness Name ~_' ~-< AJCMn(V~ Wi ness Signature L~,'f1' -,' C,O, t11f>?~ PrintElQJNitness Name .~ ~r2 . fL}a ~ ~O'. ~Signature . .~ JU01~ A. Lv~ Printed Owner Name of ~ctjou-c STATE OF FLORIDA- ) thhlJMC(A ) ss: COUNTY OF PAl ~4 BE/\L;II ) fflE, F FOORREEGG10ING INSTRUMENT waii acknowled~e~' befo~e fTle this jl day ~, 2iJQJL, by . d-- ~tro W~ and -L , who are kn n to me or who have produced IV 1 'tbc{e... 0ie, . as idenlificalio and ~hO diF/did nollake an oath, . ;J)..Q_ Ii ~ Gt ~~j -i/~1, NOTARY PUBLIC / Type or Print Name Commission No. BRENDA HAMERNlK NaIa., ,~ 8b1br of Nbw fbIA No. 4887507 QIlIIed in QIondaga Cour.ty . GeI.~.~;.M &pires Mill ell 23, 20:2..7 My Commission Expires: POA.IND .". ... I .--ALAlJIJ'" AV<:: .- 1 ! 0071 0111 0141 0171 0201 I 0010 Oo.t1 0081 0111 0141 0171 0211 0241 0021 0051 1 in. = 196.7 feet i i l4~1 U4V 0381 0331 0301 0271 0240 I 0451 o.t11 0381 03S1 0;321 0281 0252 ~" 1on1 0201 0131 '1 I I - - / I I '- 0010 0041 0071 0101 0131 0171 0201 0010 0041 00&0 0111 0141 0171 0211 1124 10010 0021 00<<11 , ~~ ~~ "'- I- I_I . OJ I--~- .,..-v ,." f1JU IG I~ I J:i , " V. , 0431 61 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0281 0262 ( ~ 11231 0201 0170 7" I"'IiC. :4V -- 0071 I 0101 0010 0041 0141 0171 0201 0010 0040 0070 0100 0130 0160 0190 02200 ~~ fpZ41 0030 0060 Co I T . ... 1464 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 ~./ AVF -" , 0211 1 ~4 10010 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 0180 0021 0060 I I - 0431 0401 0381 0331 0301 0271 0240 04111 0421 0391 0361 0331 I 0301 0271 02$0 0221 0191 0131 Ie - 0010 01 ft, 100..2 00&1 0111 01..1 0180 0211 0010 0041 0071 0111 01012 0171 0210 0 ~~.0240 0031 " I---- ... 0431 c(3G ~ -- r -- -\- -/ ono ~" '\- 3010 0 0420 0410 0400 0380 0280 mol 0260 DI!,- ,,~)~ ~ i: DI~~ . f":1R ~~ 0080 .... 0450 -- 0260 ,~ 0120 0130 0010 0020 0030 0040 0050 I 0460 0350 0320 0110 0240 3010 ..- 0140 ~ 0470 0100 0090 0080 0070 0060 0340 0330 -- ij 0230 0100 0150 '.)Wi UK 0080 0220 Location 0090 owo Map - Exhibit "A" -1'1 , . ~ THIS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this -,....,...- day of ,200_, by and between HER." at:::r:cm T PAOR.oAJ hereinafter called the If Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "Citylf. . 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 -1li Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be neces~ary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to COillJect. 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 w~ter 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, 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 ofinitially 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. IN WITNESS WHEREOF ~ parties hereto have set their hands and seals this ~ day of f'lU't~C H , 200~. WITNESS: lJl!c it.~ Ifo ( ~r Witn;s Signature . l11l~l:.nl ftp {ck~- Printed Witness Name ~ ~/ ~-JIl Witness Signature 1-113'12 "B El.cro ::r: /}JPRON Printed Owner Name t:;.,t/J e- H t!1 t Lea. P1 Printed Witness Name 3 , ~ ' . . , Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness 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 afo esaid and in the CountyriHQresaid to take acknowledgments, personally appeared . ~ . '--s--? . 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 known to me or provided the following proof of identification: ~ ~ ~d ~ . WITNESS my hand and official seal in the County and State last aforesaid this ex"tl day of -=m C~r~ \---., , 2005 " - (N otary d3~,,~ L ~ \) ~\J-- '--1 <[ '(_~=='~ .~~ Notary Public \J WITNESS: JJ~~W)a A'tc2Q~ CITY OF BOYNTON BEACH, FLORIDA r-..... ~J d 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 're I2JZ I T td1' 0 K , Mayor and T Q n -( f fh (fa. I " ; i u , City Clerk respectively, of e CIty named m the foregomg 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 ~J g U<. day of H fJ (l I I , 2005 (Notary Seal) ,,11111, B b ~,~tS'.y pt!;,~" ar ~~ M. Madden ~~rT'i"~~ CO~ssIDn # DDI25274 :.~\ l<f~ ExpIres July 19, 2006 ~.f"~ f'-r::,~" Bonded Thru 1111111\'\' Atlantic Bonding Co.. Inc. ,--t.--".<--<-~{.<-c<..A, /h ti:$&(!.~1 Notary Public c:: THIS INSTRUMENT PREPARED BY: James A Cherat, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Fl Laude~ale, Fl 33308 IRREVOCABLE SPECIAL POWER OF A TIORNEY (By Individuals) STATE OF FLORIDA COUNTYOF PA-LfVI BEAcH IIW e, J.-!-.cRi be ~ X (kORO#. 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: 00 -4-3-l/:.~-/9~o' - 00 7 .-0 2.4/ The powers and authority of my attorney, THE CITY OF BOYNTON B~ACH, FLORIDA, shall commence and be in full force and effect on the 9 day of /y);q f(.c. L, 200!) and the powers and authority shall be irrevocable by Grantee. . . , IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of A1 fl-R c H , in the year two thousand and () ~ . rr-If lr1 '&1('( t4IS:~)Y---{~ " ,!_~~/' Printed Witness Name ~?/I (~ ~ignature 1b~11. ~ If tt1 t L ~'aM Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FO~EGOING INSTRUMENT w s acknowledged befol(ENtle this ~ day of '-W\o..rc-~ , 20.(25, by \Q \ J).,..,-\- ~ ~,,~ o.d rD and '- , who are known to me or who have produced , as identification and who did/did not take an oath. c.b J\.c.l e., t. ~Q oU~ NOTARY PUBLIC ~ _ 10 _ ~ b R~~~ ~. ----n UJ_~ \? Type or Print Na~ Commission No. ~ ~ ~'1()~a'i ...... GRACE E. SAWYER ~ MY COMMISSION # DO 390309 :"1 EXPIRES: JanlllllY 28. 2009 Bonded ThnJ NoIaI'f PLd: lJnderwrt\lll My Commission Expires: POA.IND ..- ~ ..J , 0254 0251 02" 0241 0234 \ 0231 \ 0224 \ 02211 0214 0211 I 1 in. = 153.3 feet 0253 0252 0243 0242 0233 02321 0223 \ 0222\ 0213 0212 I i I ~AV~ - 0010 0041 0081 0111 0141 0171 0211 0241 0021 0051 OOt1 0010 0090 - 0451 0411 0381 0351 0321 0281 0252 ~25 02~1 0201 0131 0132 0050 0111 .n. V E: - t7!4lB~ ;i~,,~" 0141 0171 0211 10 0021 0051 0011 0010 0010 ~ ~~A - {/ - IW - 0481 0431 0401 0371 0341 0311 0281 0252 0 ill "'231 0201 0170 0130 0050 0'" cRcz&V1 0010 0040 0010 0100 0130 0180 01DO 0220 0 ~4 11241 0030 0080 0010 0010 0011 0120 0451 0421 03D1 0381 0331 0301 0271 0250 0221 0190 0170 0050 0111 0150 aV'F 0010 0050 0081 0111 0141 0180 0211 I ~24 0010 0021 0010 0010 0010 0090 0050 0451 0421 0311 0311 0331 0301 0211 0250 0221 0111 0131 0132 0111 0070 . AVE 1 -ooto 0070 I u110 1 0010 0041 0071 0111 0142 0171 0210 0 Z4 00240 0031 [ -vr2U 0010 0010 0130 Location Map 1~~'fC1 :il g Ii, .,-Jf Palm Beach County Property Appraiser Property Search System Pa.ge 1 of 2 fj~~d~i":":-'~; ;;-'llt~;"'Ii;l3. I.~:-.\ Property ~pprajur's Public AC':eS~ System .,,{";'>';(~~,>:l-~""l>j!'i1.$~~' 'lo~ " I ~ ~ ",:'''' "1t'~ "~",,"," "'.r ,.. ~ ~ ,. r- . - - .. ~~~,~,i,~!,c\" .' '. l - -. .,. ~~ ~ 'r-' -~"--', _t 4 ....-n.. ft _ '" " Property Information Location Address: 3754 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal [)escripti()n: UNINCORPORATED 00-43-45-19-01-007-0241 WEST BOYNTON PLAT 1 03350 Page: 1420 Sale Date: Jan-1980 WEST BOYNTON PLAT 1 LT 24 (LESS W 10 FT) a. LT 24A BLK 7 A/K/A AVONDALE PINES UNREC BEING W 35 FT OF L T Owner Information Name: PADRON HERIBERTO J ~"'''II Mailing Address: 1971 S CLUB DR WEST PALM BEACH FL 334149093 Sales Information Sales Date Book/Page Jan-1980 033~0/1420 Jan-1979 03055/01]7 Price SaleType Owner $5,000 NO DATA FOUND $43,900 NO DATA FOUND Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: 2004 :l003 2002 r- Tax Year 2004 S86.80 ~71.724 ~64.92 Number of Units: 1 S14.50l 18.343 15.95 *Total Square Feet: 1532 $101.30 90.067 80.87 Acres: 0.08 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2004 Assessed Value: $101 30 Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~ .,,"1 I;""""",.~,~"",~,I NOTE: Lower the top and bottom margins to 0.25 on FiIe->Page Setup menu option in the browser to print the detail on one pege. Record Search I Inf()rmation I Exemptions I Community I EmploYment I New HOrne Buyer I Office Location" Value ,Adjustment Board I Save Our Homes I Seni()r Carner I Disc:laimer Home I Links I Glossary I FAQ I Forms I ContactLJs I PAPA http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=004345190 1 007... 3/25/2005 & ,,-. G .;-/- If- 'rn~(1.ad h.tlt wner Signature ...ltnes8i 'I ~~':U'I"L/~/E )l~'()J,b Printed Witness Name t1Arl AJ'lN 3M (' 'j-h / Printed Owner Name y(~/~O Witness Signature ~ t ~tl- abet-O Printed Witness 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 the County afo esaid to take acknowledgments, personally appeared (/eJLe 4nd,1 1tlr '11 '11' 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 known to me or provided the following proof of identification: F I () or;tI A. i} L , WITNESS my hand and official seal in the County and State last aforesaid this / ~ day of fA~ r; l ,20QS f (Notary Seal) r / 0Y/- ~a,,^- U~/" / Notary Public WITNESS: ! rTT 'SUSAN""cOLUNS III 11111I'1 ! ~ ~ COIMII DOIl__ : I:: ~ ExpN 3111200I : ~\:;fjJi# Bonded lhtu (800)432-4254; . ~11,Ef.~,\"~ Florida Notary Assn., Inc : ~...,..' .. ..................................1 CMJ:(~ Q~ C~ON BEACH, FLORIDA Kurt Bressner, City Manager .~ ~'Vv\ ~ ~ lill~ ~;m :i,Cify:;j~' . ~-k - 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid atW in the County aforesaid to take acknowledgments, personally appeared Icu.tz+ fJ~'-(.5~l\.t~ ,CityManagerand J a.l\e+ ^" ff!-e~.1 h d-o ,CityClerk 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 .;). {, ~ay of f\ r l.i I >' 2?QI' (Notary Se~)y~U'", Barbara M. Madden 2~,'~'f~commission # DD125274 ~0.i..~}iE Expires July 19.2006 . ""..:.... "..~q::-~ Bonded Thru "0. {~~l~';;\"'" At~antic Bon. goo, Inc. ~ jt,.. fvt-~ Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PRLM ~ I/We, i/Ih.~l..ev'"'t l'\.fU-! Ad II ...'>M;'-rh , hereinafter "Grantee", hereby / make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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: {)()-- f~~- t;-S- -/9- o~ - OtJ,!--OOytJ The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I ~ day of Afr;j,.. Grantee. , 20D ~ and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the J.{fA day of 4, ( iL , in the year two thousand and t!.t~, Sealed and delivered in the presence of I 'hh.-<..<' / '/t./t: ')) G Printed Witness Name ~~~~O .----r-- ~ \ l(L ~r(\ I inted Witness Name Printed Owner Name ~~ ~nature ' M4h-~ fJJOJ rJ &M; r 1-, Printed wner Name '< ~C)1~D Witness Signature i ~D- Q>~d Printed Witness Name of STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged be ore 'fie this /~ day ~fri I ,20 tI-S"'. by R.I L e (l r I "'" J)M,' and I who are kno n to m or who have produced PI ()n;jtJ'~ D. L , as identification and who did/did not take an oath. <- ~h~/'- ~ ; NOTARY PUB~!~ A t! " ~ .J"' WI I IV C Oc.~ LI Ill-J Type or Print Name Commission No. My Commission Expires: POA.IND 11..............................1111 I r II .1"1 : SUSAN COUJN8 ~ ".~s..~ COlllllllula_! : l~ :a~l ~3I112C101 : ~ %~~b Bonded Ihru (800)432-4254i ....,,~;~~~~,\\\'" Florida Notary Assn., tnc : . . . ~.... ..... ~...... ...... ...........1 I, 0141 1 0171 .... 0081 0111 0211 0241 \ 0021 I OD51 I UU'" 1 \ I I 1 in. = 138.6 feet T I ! 0381 0351 0321 0281 0252 ~25 0231! 0201 i 0131 0132 0050 I \ I _l I I I j ~v~ 0010 0041 0080 0111 0141 0171 0211 1)24~ 0010 0021 0051 0091 0010 0461 0431 0401 0371 0341 0311 0281 0252 0 ~5 11>>231 0201 0170 0130 0050 ~ "Iiio. ~I ::(~AVF 0010 0040 0070 0100 0130 0160 0190 0220 0 .~ ~241 0030 0060 I 0090 0010 I I , 0120 I 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0050 0150 /' nORRrr -'&\11= 7 0010 0050 0081 0111 0141 0180 0211 I '24~ 0010 0021 0060 0010 0050 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 0070 .. -AVE \ UUIftJ 0070 ~110 0010 0041 0071 0111 0142 0171 0210 0 24 1)0240 0031 120--- 0010 0130 Location - 3696 Dorrit Avenue i~l 1'22'~ . if /}/ i>, ,,)/41 ~l J R.enJJr\ To: (1.U:ce ct .':~'H~ C'f~y C'er\: l'"/ ::.."~f~~~;~J~1t,~,,'r. 8~'!rJ~ ~ ~ L L~ k o' ,J, '.; .;C.yd ," ;'.," THIS INSTF~UMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Ros -015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ...-.- THIS AGREEMENT made .on this _ day of. ,200_, by and between 0C(~(\rd ~Jl~ hereinafter called the "Customer", and the CITY OF OYNTON BEACH, a mUnIcIpal corporatIOn of the State of Flonda, heremafter 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, 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 seryice lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ---1L day of /"tAr , 200~. Jelt~y p,'t("" \ Printed Owner Name p, )/)~U.I#'TiI Printed Witness Name 3 ~.\ J ; /' fA.. .,f ')._ I;') ~ " .1< ". . .'J 9i~/;~t~ . Owner SIgnature . ~~ 0 . '\ ,Lllt...' ~ 17!(./ / Printed Owner Name '}, i I _' ,>.... I . , -t, ,\.~, ~_ ,~- . ! ~,{.t/I"'\.'J "\~-,:.~ '\ Witness Signature Printed Witness Name ", '; ~ {'-'" I \ .. l.... J-tc t ,\. '-.9 Witness Signature \ ;' \ ';1) t \ C}) \1\'2 II Printed Witness Name FOR INDIVIDUAL (S) 'NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF'~) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore' and in the ounty afo said to take acknowledgments, personally appeared ~ to me known to be the person(s) descri d in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was..Eersonally known to me or provided the following proof of identification: ~SS my. hand and official seal in the County and State last aforesaid this ~ day of ~ ,200~ (Notary Seal) ......,~vwJ'''.. DeholllhJoFacchlu1Ja f4r. .~Cnmm~#DJXI902n ~~\ i~::Ezpires Ifan:h to. 2006 -:.~.'""' ~$ ..-......- ',~ OF fl.:":'" -- UlllA ~OF#~'t}Rf6'A"' -"'-""- Kurt Bressner, City Manager WITNESS: ( -~ '- Cf\r~EKI~ lAJrif\HOrJ ATTEST: . ] - , ./ A C "J' .....71 ,,/ I ') ..~/, , /lvLLc[J; Ii ,/,,V. f&J47Y;;/City. Clerk (/ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take aCknowledj911ent,s, personally appeared I< ur+ greJf"nerCityManagerand Ja..nei- (-'rtll iIl;t-c. , 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 thisc;?~-#- day of M ~i ,200:f (Notary Seal) [j)3onn_--t SUSAN COLLINS : CammI DD0285086 : ExpiIW 3/112OOlS : 1.__";;5~:;:1 s;;.~~ ~~ Notary Public Approved as to form: ~)(L qzc(o~ City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF~ I/We, , hereinafter "Grantee", hereby make, constitute, and ppoint 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 ann~xation by any available means. The real property which is the subject of this power is described as follows: OO-lf3-.tf~- fC(- 0'2- 0/2- 02~G The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I! day of '^ A Y , 20 c) 5'" and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and 5" Sealed and delivered in the presence of i1c.te,^~ ~ :~,J\ Printed Owner ame 10 rrr/ ~. /1E-L-ll ri rri. )5(jnted Witness Name I ' , _......'" \t i 'Cl1'1\r;.,. /',_ i~.' 1 '1 /f ,:....:-,..-if....-(, / \"', (,' ") , ,,' i",} /" ; \ "/ {/ / "I '{ ~- /1}lt( lW( (-:l ' ,/ O~er Signature '. -rl1lc- /LI' , ILL It f/. (/ / Prmted Owner Name Witness Signature " / >~<.., .. I :')/1 ,1.1. )I;' '.1- ,.....t. I,ll Printed Witness Name "~......, f ) " \~' /' ..J l. Witness ~lgnature (":r\ S} '\ 1./'( T>'() l\..-: Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF ~ ) HE FOREGOING INSTRUMENT W~CknoWledg~dJ>ef9re me this ~ day 20dS-: by ~ c1l t..nt.lj t1 ~ and who have produced t take an oath. -Fir;. r!h, '" ~ 1/71 ype or Print Na~ Commission No. O;;}- 'I My Commission Expires: 3 -I 0,-0 ~ POA.IND "o)'~W/:'" Dehoruh 10 FacchineUo sm~ \Cnmmkqon # DD090277 ~~ sii Expires Karch 10. 2006 ....~ ~~ lloDded Tbru ~"P,~I~"'"'' AtIantic: Bonding Co.. Inc. Palm Beach County Property Appraiser Property Search System Page 1 of2 _rI!DII;~;~:!,:'P ,~t!I4t!c~' A~pnliuf'l> Pubhc Access Syslsrr, l.WL~f';,~ N>i ~ ~ ~~~ ~ .>> ~~ ;,~ '4/ ,rJ ~,/ /" r ~ ~ r-' f' 1IrL~~~~W\U~$~:: >< ~ Yo 0-~ ~:~""~~;ii=l;,,,,~%t;;x~'''~i"^~~,,' Property Information location Address: 3535 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Des~ription: 17,,;tLJ.t,~D'i''',) '~~'J."- . . .'.. .. ~> _c. .' UNINCORPORATED 00-43-45-19-02-012-0280 WEST BOYNTON PLAT 2A 16053 Page: 660 Sale Date: Oct-2003 WEST BOYNTON PLAT 2A LTS 28 TO 31 INC & E 6 FT OF LT 32 BLK 12 A/K/A AVONDALE PINES UNREC LT 93 Owner Information Name: PIKUL JULIETTE J & 1.Ii;dm~rrWii;il Mailing Address: 3535 COELEBS AVE BOYNTON BEACH FL 33436 2704 Sales Information Sales Date Book/Page Oct-2003 16053166Q Sep-2001 1~940/49Q Nov-1995 0901.31:1.206 Price SaleTytH~~ LWjjj"",,d~,,-:,;,;,1 Owner $189,500 WARRANTY DEED PIKUL JULIETTE J & $147,000 WARRANTY DEED HARDY GREGORY & $101,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: UseH(:j;lde: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2090 Acres: 0.25 Descri ption: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~I LJ~!WIAW ,.1 I ""lli9!rIt!L_0%iuJ l-~~@i~rs!1J l~~wSl,,~1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the Ex/~l-b; I 4- http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451902012... 5/19/2005 ... 1 in. = 123.4 feet ~I T~-l I 0121 o 100010 0031 0070 0101 0131 0161 0191 0221 \ \ ~ 0160 0481 0450 0411 0381 0351 0321 0291 0260 \ ! I I ; 11 I I I I 0121 0010 0031 0070 0101 0131 0161 0191 0221 iyi . \ 1 0160 0481 0450 0411 0381 0351 0321 1 0121 0010 0031 0070 0101 0131 0161 0191 0221 1 0160 0481 0450 0411 0381 0351 0321 0291 0260 0121 0151 0021 0051 0091 0121 0151 0181 0220 0161 0162 0460 0421 0391 0361 0331 0300 0260 Location Map - 3535 Coelebs Avenue f". · .., '.1 .....'; ~.'..- ~d" 1 ';..~ ~ t';: ,-, ~:; r',.,. ~, . ; . :~l: ~.. f; r:( -~ <.- .;' ~,;::~ :;;' ':~ ::. :) /" ..- /:j' 77/~.L/ } c' } C "~.. ., . t"",,,",,::\ EO- ",", :~~' , ~'~\:" ~/" .!IC,P;:: r,._, ""-,", :", "I'", .J _. L",._-,:: t', .'..... : ..'~' .' 'J \ I. BoyntOll 8E (i(;\ f-L, 2~,tU5 TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R05-0\5 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on thisd6 r:1'- day of /h ~ ,200 {". , by and between Le.on. 0, ~...rk~ Jr: i C',;1du. A. .SAV{es hereinafter edthe"Customer",andtheCITY OF BOYNTON BtACH, a mutucipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside ofthe 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 ofthe 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 m Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. e arties hereto have set their hands and seals this 3- day of W INDY, ,,' IDUAL(S) AS OWNER(S): ///V /, <9 Signature L9>>Y\ 0, ,5~s ~< Printed Owner Name \ ess Signature \'JU!IHk ~ fu / Printed Witness Name I 3 ~ ~nrre ~~ {lS/}-y/J. S Prin ed Owner Name I . Pnnted Witness Name FOR lNDNIDUAL (SrNOT ARIZATION: 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 Lf:.DoJ O.~...ac..,,~.3"a.. ~ C,,.JD't' A. .fv;t.L-f-~ to me known to be the person(s) described in and who executed the fore oin . trument that he/she acknowledged before me that he/she executed the same; that e individual was personally known to m r provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this c{ HItY ,200,5 day of rr~' ".", .',', ",...~~d;;,,,,';-",J" (Notary Seal) ,\..~...:.''''. ;'~ R~\ LEE PEOERSEN~:, t'" :.,~m~~~ />!!<t;~,"'''",''ot;;",'Y,P"Ubl,i,C -8ta te of, Flo "rid8 ::. .;. "'" " ;f%1\SSllll1 Expr'E!S.Ian 15, 2008 , "'-:I'l' ~o; ',.( ~ mission fI 00059176 ";:::~"" ..~,> ~, 'iy National Notary AIlSn. "'lilt'" ..~1""<"",..<y.." ",,''''\lC4 <If 4IK" ~,,:, Notary Public ~I LfE:.. ?c.b8LS.E-~ WITNESS: C IT OF BOYNTON BEACH, FLORIDA (\l fJ v c~ I to {l...cA u. s..-., ,10 S 'I r- J Kurt Bressner, City Manager // /' I // _.,,--- C AI H r KIf,1 E {)..J rf>l~ (c.'(f) N ATTEST: ST ATE 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 t~e acknowledgtnents, personally ~ppeared k"'lli pf7essn((l. ,CttyManagerand ~ ~i-l11 II. fl~/e . LJ<'.t'uftCttyClerk respectively, of the City named in the foregoing agreement and that they severaily ac owledged 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 ::) j- O1dayof fh It? ' 200~ Approved as '-;)7 j~'~j1 , A<;{l, City Attome "\\~'1'!",, Barbara M. Madden /-2":'~':.~~;'-;' commission # DD125274 -~:~.."'~ : u, i 1.::: ExpireS July 19, 2006 -;,....... ,::::::' ed .....-. "'~''-~'~~':- Bond JWYo ;~'\/Jti' Bo_,CO. = ,lJ~<< ~~~ A./h.J~ Notary Public (Notary Seal) S'v.\is, V~ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF A TIORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ytttm &~ I/We, l.D&m O..~ Jri- ()irJy A.Swi.prhereinafter "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: CXJ -L(~ -lfS; -19 -02- -012 - 0200 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the L day of fYIoy ,20 f)f and the powers and authority shall be irrevocable by Grante~. IN WITNESS WHEREOF, we have hereunto set our hands and seals the--!/- day of m ~ }fi;th;; r two thousand and Ave . / / ' delivE}fe . th 5~ (Q%t\ {), )ifrix5r::S-7' Printed Owner Name ' '<"-:2.-- c8frS; Owner' ture &~IJ 51 l i '. (' 'j , -, I, tV Q.) Printed Owner ame SL- ~j;/;;;; ~/lj/ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of THE FOREGOING INSTRUMENT was acknowledged before me this ~ day Hit 'I 20 O~ , by ~ 0. S vf(..H k. ,: ,,.J?) A. S-..,tl.L-" s and , ho are known to m or who have produced , as identilicat~; 'fZO ~ot take an oat~ NOTARY PUBLIC IU?le-I ut. fE:.O~i:.~ Type or Print Name Commissi0n No. 'J:>1>05Q,7f.- My Commission Expires: TttN. '5.1 2oo~ POA.lND --- ~ "--.-~;ia_ili't_,.,C~.-. ( _ ",.~1~1~11~:"" T ER RILE E PEDER S F ~~ .;'; ~:.' /fj:"~s'~, ~\ Notary Public - State of Florida ~','lI ~ ~.~ tJ;:I' ~j c My Commissiln Expi"esJan 15. 2000 '~ ~.,:\~~'.'. ' ':ofTlmission #I 00059176 , ~l '.. 'J::- "_" , I ;',; ",,;",,' .'i 8y National Notary Assn. ~ ./"~'->'~-l;..t,.I'f'~ .;IY ~ "'f!D"f.r~'~' page 1 V" - .leach County PrOPerty Appraiser Property Search System Location Address: 3511 COELEBS AVE MunicipalitY: UNINCORPORATED parcel control ..umber: 00_43-45-,.-01-011-0160 subdiVision: WEST BOYNTON pLAT 2A Official ...eeord' Baal<' ,,545 page' 14' sale Date' oee-'... keg~-Q_rj~' ",EST BOy"TO" pLAT ,,, LTS 16 &.l1BLK 11 Owner InformatiOn Name: SURLES LEON 0 ]R MaiHng Address: 3511 COELEBS AVE BOYNTON BEACH FL 33436 2104 price S~l~ Tyg~ Owner $'00,000 "'...........TY DEED SU"'LES LEO" 0 ,... $10,000 WARRANTY DEED year of Exemption: 2005 sales Information sales Date 800k/ page Dec-1999 '1.J.~451141 ]an-1991 Q~V._qLQ~09 f:)(emptions Regu\ar Homestead $25,000 Tota\: $25,000 APpraisals TaX year: Improvement value: Land value: Tota\ Market Value: Ta)( year 2004 Number of units: 1 *Tota\ square Feet: 1356 Acres: 0.12 Assesse an Taxable values TaX year: 200~ 2002, 200~__ Assessed value: . 92.950 91.211 89.019 I -:. 1 Exemption Amount: 25.000 1:.25.000 25.000 Taxab\e Value: 61.950 .66.211 . 64.019 u!;;~~Q~-~: 0100 * in residential propertieS maY indicate living area. Description: RESIDENTIAL d d TaX values Tax year: Ad valorem: Non Ad valorem: Tota' Tax: NOTE' Lo"er the top .nd botto" .....In. to 0.2' on flle->...e SetUP men. option In - ",0"'" to ."nt the detail on one page. ""q<d ",,'D \ I" 'q<,,>1 ,,,,, \ f """""'" \ ",,,,,",,,,1\,, \ ,,"pI,,,'"'''' \ NeW "om' B<H" \ QIT""- '9<'-""'" VOl" MJ'''"' "'" "",.Q \ ,",,0" """"" \ ,,,;q. C ""''' \ 0<<0""'" - -- \-\0\1\0 \ un\<S \ Glossary \ fl\Q \ FCJffi? \ CQntactUS \ pN't, ~i-k~ ~ k<<n .//www.co.palm-beach.ft.us/papal aspx/web/ detail )nfo.aspX?P - entity~004345 I 902012... 5/17 ReTWUl ~ ~ ~. r." .: 1 :'...., ',' ,'; t.', " I' , THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~05-0l5" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this '::;.5" c:.7I.day of ~ ,2001/ , by and between Ro~ert L ~ Nola.. L G-NH/ hereinafte called the "Customer", and the CITY OF BOYNTON BEACH, a muIrlcipal 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 14-- Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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, Horida, and the Customer 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 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. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Horida, 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /1tJ.- day of ))11 ' 2005. WITNESS: ! ~""c:;-~.L A<- ~ -) Witne's~nature ' ..~ i/ . ~lA~ t,'liCLirUE j'-"(,4 i{/'(/d Printed Witness Name i. . ness Signature ~ '~/J/IJ/ 4, fYl-s Printed Witness Name ~ 3 , / k~ Y-1l4~.~ Owne ign~ture x "7J() / J1 -T. C; K ff7-- Printed Owner Name )( r7CAIJI7I1-~ PI ,.J'r L-t::- Printed Witness 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 the County aforesaid to take acknowledgments, personally appeared Ie i) heft t.. . r; ro-.V Q....ct N () '-1+ T. G- (o...y to me known to be the person(s) described in arid who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: F I p y~dA.. ./). L. . WITNESS my hand and official seal in the County and State last aforesaid this It#-dayof /11Uj , 2005 WITNESS: r...... I8U8ANJC:OLLIN; ....... : CanIllI DOMIa5 : : i. . Exp/NI--: . ~~ .. UCUWD . = ,m Bonded IIwu (800)432-4254: :" 'IIIIIIIII"\: Florida Nota : -. ,.....,.................~.~~.:.'~.i ~~ ~'I Notary Public (Notary Seal) m~OYNTON BEACH, FLORIDA Kurt Bressner, City Manager /' / (1\\r\E' (I ~'[ (..0\-f1\1C1 C'::>N C,..// STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid aIJ9 in the County aforesaid to take acknowledgments, personally appeared /;::t.tllf fjl!e~Sr1-e,e , City Manager and -:Iud/fA /I r'~/t". .K9<(/ul--~..CityOerk respectively, of the City named in the foregoing agreement and that they ;everally ~knowledged 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. f'I - u::: WITNESS my hand and official seal in the County and State last aforesaid this w ~ day In iK'}-- , 2oo{" (Notary Seal) .,',"!:'III Barbara M. Madden .''''~''~~-::' commission # DD125274 :<. ,...........,,0.(:"':__ . ~ ~ ] -< ;: Expires July 19, 2006 .~;._~/~f Bonded Thru ""i~':'~i~i.\-:"'" Atlantic Bonding Co., Inc. ~k~ fr., c Ih-~\ Notary Public Approved as to form: ~ (1J^- ~/zofr City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF F1 / f1-1 ~J2 trA . //.~' . . I JG(ff-Y l/We;/}jC byK,L, c; /#; +- /'10 a. . , 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: (J()- ~3-lf-S -/9-0/ -0 09--() 2 II The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the / cr day of m IfJI Grantee. , 20D and the powers and authority shall be irrevocable by day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the /9C/t; "--/1"7 ' in the year two thousand and ~. Sealed and delivered in the presence of b-Q Owner Signature ~~2V-\ ;~.G\Z-~ Printed Owner Name ,---\ .1, ll>>-t:U 19nature ,4 ;?r L--t: hOl~ f;C:;'tuJJ~ ~~cJ:.1.rN:r:. G,cfrJ r.- \-;;! (J 1711- PrintooWitness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was ackflowledQ.ed before me this /9~ day of }vi(J~ ' 20 oS. by ;?' Dbe rT L-. G- ('^- Y and /tIo/a J; r;ro...~ . who are known to me or who have produced FIt) rid~ tJ, L . , as identification and who did/did not take an oath. ..........H.......O.......................I : SUSAN COLLINS : ! _ c:a.m. DDCl295085 : ! &pRe 3/112008 E 5 . Ioncleclllvv (800)432-4254 E : 4/.. f'larida Notary Assn., Inc : ". II.. ............................ ........... . A=;~~'" NOTARY PUBLIC ~ I /" ~ J;f ~UJ/f/V L-{)t-L/. Type or Print Name Commission No. My Commission Expires: Palm Beach County Property Appraiser Property Search System Page 1 of2 _~I:~R,tI:"H~\'''PI~~' I...n=.'\ FlroplH\Y Appraiser's Pt.bIIC Acce,s S'!,s'em ~~:~'~':l~'~. ..~: ~ ' L:k .':'" .;; :~ r~ ~ ~. ~ '". . ~ ~' ~~."" t .. r ~ . ,- !-~ :". . ...~~ ,;""<r ~Ifil( , -':'~;::"';]~:'-'~~~~M _:~ 4 ',* t ~____~M'<.:il';j!l ~ . Property Information Location Address: 3768 DORRIT AVE 1,,,,,,~J1!.P.._J Legal Description: UNINCORPORATED 00-43-45-19-01-009-0211 WEST BOYNTON PLAT 1 04242 Page: 1281 Sale Date: May-1984 WEST BOYNTON PLAT 1 E 18.75 FT OF LT 21, LTS 22 a. 23 a. W 12.5 FT OF LT 24 BLK 9 AIKIA WOODBRIDGE UNREC LT Municipality: Parcel Control Number: Subdivision: Official Records Book: Owner Information Name: GRAY ROBERT L a. NOLA J ~".,I Mailing Address: 3768 DORRIT AVE BOYNTON BEACH FL 334362738 Sales Information Sales Date Book/Page May-1984 04242/1281 Jan-1979 03165/0955 Price Sale Type Owner $17,500 WARRANTY DEED $55,000 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2567 Acres: 0.19 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~~",~I I ft--"-'_,a--,., _RMt .. ,,'. -I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. RecordSearch I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer http://www.co.palm-beach.flus/papalaspx/web/detailjnfo.aspx?p _ entity=0043451901 009... 5/19/2005 0~;hl+ If ... I , I : 02531 0252~! 0243 T 0242 L_~L- L~L_....J L0233_\023_2~1 _0223~_0~, ~::-~ I ..-J -----_._.._~----_._-~--~--------~- 1 in. = 141.7 feet II AVE ~~~ -- 0010 0081 I-~~I--- 0141 0171 I 0211 '-.-~~I---I 0241 0021 \ 0051 0091 0010 - 0041 0111 0451 0411 0381 0351 0321 0281 0252 )25 0231 0201 0131 0132 0050 ~ --'-- AVF --,---'- 0010 \ I 0041 0080 0111 0141 0171 0211 ~24 0010 0021 0051 0091 0010 0461 0431 0401 0371 0341 0311 0281 0252 0~51)231 0201 0170 0130 0050 . u-. ~Il~ AVI;:; 0010 0040 0070 0100 0130 0160 0190 0220 0~41)241 0030 0060 0090 0010 0120 0451 0421 0391 0361 0331 0301 0271 0250 ///0190 0170 0050 0150 . AVE ~ 0010 0050 0081 0111 0141 0180 4 1001 0 0021 0060 0090 0010 oo~o 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 0070 -AVF ~ I uu='u 0070 I U1'U 0010 0041 0071 0111 0142 0171 021 0 0~4 00240 0031 \ uuu 0010 0130 Location Map - 3768 Dorrit Avenue ~lJ' ........ri -<----0 Rer-UQ.N 70: f....;.r:":':~ ..,'~ ~'... :oJ [\" " '\'= ~. ..,' \, ~ /."~(;' -:'~';<~')' r:;" ('\:o..~:... ;, ,'",;, , ,~.. ~,;), '.', l' ",1;.1 I :!; :~:;I LC'/{,,)i :1., ;l 1. ' ~. ; THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R05 -ol!> AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON - THISAGR~EMENTmadeonthis as-dayof }1] t:l i- ,200~- , by and between ~.d c; \ I (,dl cJ :)C{1011 ,1 c. Celi' It- 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 serviee 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. :: I 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 /. g Equivalent Residential Conne:ctions 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 setyice lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exdusively 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 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. 1 L The Customer hereby agrees to indemnity, 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 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this .J. 7 day of I\~r;\ ' 200~. WITNESS: INDNIDUAL(S) AS OWNER(S): ~~^JJ W ~ G.,,(h ~~)';:J,a~ Wi . ess Si ture 3e~rV ~ S~n4~rs Printed W4tness Name ~1 Owner Signature ~C\"'I(~ c~ ( l tJ . CC;,..-l ~ Printed Owner Name t(,lll/rI e f '/Co ~.re f:? EI Printed Witness Name 3 ~= hi. ~-J..,,-, Wi ss Si ature .Ja ilzE~~ t! (~t~U Owner Signature 1fL" "y \If Sct/14 (2'" 5 Printed Witness Name ~Mg~ IlnesS Signa~ fJ- tv D fE /(2 0zF1212 Fr Printed Witness Name SQhr; r1 (L O. Cnrl~ Printed Owner Name FOR INDIVIDUAL (S}NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afo esaid and in the County aforesaid to take acknowledgments, personally appeared , . II &. . ( to me known to be the person(s) described in and who executed the foregoing instrument that he/she cknowledged before me that he/she executed the same; that the individual w personally known to me r provided the following proof of identification: WTNESS my hand and official seal in the County and State last aforesaid this ~ day of . , 20<fj:" '1 ' J ' iliotary Seal) WITNESS: /..-fl~ CIZ.OF BOYNTON BEA. CH, FLORIDA rf . Kurt Bressner, City Manager CA:II-i€. 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 KIA...f-+ be -elf:." n eR , City Manager and J'G<d,'7A fi' .I~~/e LJ-e'(/kf~ityClerk respectively, of the City named in the foregoing agreement and t at they severalty acImowledged executing same in the presence oftwo 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 J) s- 'iayof fh/l :J- ' 200~ (Notary Seal) ,\'.\~V~/I, Barbara M Madde ~'~pI~ IJ~''', . n g:?~%~Commission # DD125274 ;~\~/~E Expires July 19, 2006 ~,Jt'~ f'."~~ ~onded Thru '",,,,,,\ AtlantiC Bonding Co., Ine. ~~ ~,fk~ Notary Public Approved as to form: ~r1 < ~ZP/:J5 City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF pq\tn te_o.c h I/We, RCllldCt\\ \,1.) ~ Sc{~r; Yl CL 0, Cnrlc-, , 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: 00- Lf~ -i.fS-/q -0 (- 002-027( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the J- -, day of t\ f.... i \ Grantee. 20 os and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the :i-l day of _A pn\ , in the year two thousand and C. IJe- . Sealed and delivered in the presence of ~s~~r~' ~~~<-'>-- '3 ef' f' v vJl S'C;I'lJ er y Printed WitneSs Name \ " fi? .. '\...L- K itness Signature ~~Q.. l\.~~ Owner Signature ~c,-cl<:. \ \ w, Co..,-\ f Printed Owner Name - /I-;v Oe ~ 12. j f1i~fL T Printed Witness Name ~~~ y.f, ))~ Wit . ss Si9. ture Jer-~~ WI .S'C(lIr!ers Printed Witn ss Name JoJl~~~~~/ D tal~~~ Owner Signature SCl b Ii 1)(<. () . C(:tr/~ Printed Owner Name " a~ Witness Signature I &drt-- 1z 31ff?J2E( Printed Witness Name STATE OF FLORIDA Type or Print Na Commission No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 _Ei~~1!lr;;ftl;:r,~:;;,;:,< lirnnntv A'U'fais~f'g Public Aceesj\ SV6!e;'l r~4;@;:&""'!il'ffi'W'ft~'*4'''''' v" ,~r; $. r:r 1 , ~;ii:i;i" ,,~' - t~k).''+~'~ ~ ,,,. ~ ~'i>l~ ; ~ "-' ~~r) '" ",:,r f y ( i" , ~~,"AB{r.=.-rr~mff.fumm;Yi1thtfu1t%0 ( .<<<~4A &- ~~mlimlLL'O;M~mft5~1*ff>~, " Property Information j Location Address: ~ COELEBS AVE 1_~_.kj"'1I1'i0.'qJ Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-002-0271 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 05862 Page: 1655 Sale Date: Oct-1988 LegaJDe~~ription: WEST BOYNTON PLAT 1 LT 27 (LESS E 8 fT), LTS 28, 29 8r. E 13 FT OF LT 30 BLK 2 A/K/A AVONDALE PINES UNREC Owner Information Name: CARLE RANDALL W 8r. SABRINA 0 Mailing Address: 3903 COELEBS AVE BOYNTON BEACH FL 33436 2706 Sales Information Sales Date Book/Page Oct-1988 05862/:165_S Jan-1988 05_56JLQ601 Dec-1987 QS519/0639 Exemptions Price SaJ~.I>iRe Owner $69,000 WARRANTY DEED $100 WARRANTY DEED $100 CERT OF TITLE Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed value: 95,047 $93 275 91,089 ~.i~IItIIJJ Exemption Amount: 25,000 $25 000 25.000 Taxable Value: 70,047 $68 275 66.089 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use {:...Qde: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2297 Acres: 0.18 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I I.jillli'~>>fll LA_~~'.JJlW.';'W;.J LJ>>~,t9&~~#i] NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the ~ ~b-& T\ http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=004345190 1 002... 5/19/2005 /;j~-_ c ;It'/ {/z /(/ ~._---- Ofe~,,;-,~ ,:,Jr; ..~~"':~ ~~#~"?~1~!p'." . " ' ;.i \lll" I 1 ~. ~ -, "- f'....' ,...;:; , '. t " ' ~ . - b ...' t. .. , ,.:-. --" ,," . ~ ~: '.I; _ , , //01//11111111 111111111I/1 /1111111111111/111 1111111111 /.:1 , "l J t.' f~, [~~ ','; 80;'(;: Ji ~ ~.' 'i, .3:i CFN 212)(2)50:321958 . h.. OR BK 1. 8641 PG G~CZl33 RECORDED OS/25/2005 13:57:14 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0033 - 41; (9pgs) THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT macle on this day of ,200--, by and between ]) "j aJ\ '€.... {<a C-Lw\ ~re k_ 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 J I tI Equivalent Residential Connections which City shall service. --f-L( 3. The Customer agrees to pay all costs and fees of engineering, mate~ 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 confonnance with all codes, rules and regulations 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 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. 1 L The Customer hereby agrees to indemnifY, defend and hold harmJess 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 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. ~ WITNESS WHEREOF, the parties hereto have set their hands and seals this -E-- day of . ,200..5-. WITNESS: O::7t;;AS O::;(S) Owner Sigfiature ~ tA1.h1A '-'Yvtf~M Witness Signature CoIl eer'l fVl c... C:rr~ Printed Witness Name Printed Owner Name ~~~ Witness Signature G-a,le- 5er.- ftU Printed Witness Name 3 Owner Signature Witness Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S}NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afore aid and in the County aforesaid to take acknowledgments, personally appeared I to me known to be the person(s) described in and 0 executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITN SS my hand and official seal in the County and State last aforesaid this ~ay of , , 2005" <;t"MF DYER ~ . : 8fM@Mfs!)ION # 00 :)6,5(,1' - EXPIRES: October 14, 2()(\R Bonded Thru Notary Pub4tr I JnrlA""'~lr~r'. ......... !'It ~41~:t~< {// Notary P~lic WITNESS: (' 1\\\-{~ ,e \ N ~ WH A c2--r 0 tJ (<$1,. OF BOYNTON BE. ACHy FLORIDA . (~ S; "1' Q..es'CLU\..... l2ot-tS) Kurt Bressner, City Manager \ ." / ATTEST: ( - 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 K&A.d- greJJher , City Manager and Ta.f1ef Pretit\;+o , 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 ~SrJ day of h1~ ,200S (Notary Seal) ~~~J Notary Public k4.: C2(v\Cr€ k ~I\ 5 THIS INSTRUMENT PREPARED BY: James A, Cherof. Esquire 3099 East Commercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF lh\m. g etlch I/We, tl'aYJ ~ ~a.cl W\/lre Jc , 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: 00 -lf3-lfS - A - e2-012 -CJLfg ( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the J#- day of -A.pri I , 20b....5.. and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the L day of ~, in the year two thousand and O.~ Sealed and delivered in the presence of Witn~natur;-- J1~- ~ OWner Signature D I{}vt L K CtCz...M. C{;-eJ L Printed Owner Name :r~ i'err~ Printed Witness Name ~c0~ Witness Signature (!A""S-h' n~ jj" Co e Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ~THE FOR GOING INSTRUMENT was acknowledged before me this/~~ay of ~ , 20a:F: by &l.~..."JJ R~~~-'(/ and , who are known to or who have produced ~~ .f~./~ ~, as identification and who ~/did not take an oath. ~;UBt:~ J~AI A -~.Gf Type or Print Name . CommissiG>n No. np ",1t:z..s~ 'IC , Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3619 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legaJ DescrIption: UNINCORPORATED 00-43-45-19-02-012-0481 WEST BOYNTON PLAT 2A 09931 Page: 0300 Sale Date: Jul-1997 WEST BOYNTON PLAT 2A L T 48 (LESS E 3 FT), L TS 49 &. 50 BLK 12 &. TH PT OF RESERVE STRIP L YG W OF &. ADJ THERETO Owner Information Name: KACZMAREK DIANE M Mailing Address: 3619 COELEBS AVE BOYNTON BEACH FL 33436 2773 Sales Information Sales Date Book/Page Jul-1997 {l99::t1.LQ:3_00 Mar-1988 Q~~4S/0QJ4 Jun-1985 Q4S67IQ2!:i~ Exemptions Price Salg Type Owner $90,000 WARRANTY DEED $76,500 WARRANTY DEED $75,000 WARRANTY DEED Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: ! 95.374 ! 93,596 ! 85,895 Ijj~I8Iti' Exemption Amount: ~25.000 ~25,000 25 000 Taxable Value: ~70.374 ~68,596 60 895 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: U~e Cod~: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2070 Acres: 0.21 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I L.I4.Ql~~,1 lWl~" <" ~~i1h;'~~:..j ~_SMD~J ~~I 1_",""'4dM'"'~_.J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the ~ >C" ~ h i-f-I{ http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=00434519020 12... 5/13/2005 . 1 in. = 142,5 feet . 091 0010 0090 0121 0 rt1jo 0010 0031 0010 0101 0131 0161 0191 0221 132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0280 AV 091 0010 0090 I 0121 0010 00 ( 0070 0101 0131 0161 0191 0221 130 0050 0191 0160 0450 0411 0381 0351 0321 0280 0260 ,K~ A,r~ 090 0010 0091 0121 0010 0031 0010 0101 0131 0161 0191 0221 120 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0280 1150 rll'~"''''.1 -a.VI- l090 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 I 0050 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0010 A"~ IJU9U ~ LJ11U 1J12O 0010 0090 0121 0010 0031 0011 0111 0141 0181 0221 m Location Map - 3619 Coelebs Avenue i'e ;i2!!;,] . ., .....i......,i~ .i5 - .65,7 feet ~ - 0011 0010 0090 0121 0 U00010 0031 0070 0101 0131 0161 0191 0221 0132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 AWl 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 I" V 0130 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 A' ~ 0090 0010 0091 0121 0010 0031 0070 0101 0131 0161 0181 0221 0120 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 02110 0150 AV ~ 0000 0010 0000 0121 0151 0021 0051 0091 0121 0151 0181 0220 oo~o 1 0132 0191 0161 0162 0460 0421 0391 0301 0331 0300 0260 0070 a ~~ vvwv 1070 U"I'IV Ul.tV 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 0130 Location Map - 3511 Coelebs Avenue I,,;i"i,;~ "REf f~'J "1 .r /'") -- ,;t/f'7p~1t/ /0 ..' .~~....~:~~~ /"\'~ ~..,,,.~, ,~~t~,1 ~':<~\t"'i.~r t-A~ "JI-- . ,'. .' ',. - .,.:' '.! \.I'.~ \ "..., 'B' ~ .." ..... ""'" .., 4.'~'..'f!" -.......~ . ."'~'" (01.- ....t ,~- :"~:: ~ . :1 '~:;..\"~~! ~'1i~"~"~'.I-'1j IIIU 11111111111111111111111111111111111111111111111111 'I 'i) ... \:.".. ,,' "'C'.: ,\-. C(',,-: ..... :~: _I,../i -': t.,.~~';';."L ,-"''J,,,.. ~;oyniCj~ 5:(j. h FL 33435 CFN 2e)(~5(2)321 955 .,..OR BK 18641 PG (2)1020 RECORDED OS/25/2005 13:56:04 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0020 - 28~ (9pgs) THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ROo-cIS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT ~ade on this _ day of ,200_, by and between ~'^-~ ~ Ph(.U~('Jl i,-h-l~ () J<. tlllY\. __ hereinafter called the "Customer", and the CITY OF BOYNTON BE CH, 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 1he 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, 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 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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. Cu,stomer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customers 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. 2 9. Annexation is intended to be and is hereby made a covenant rurlning 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, Florid~, and the Customer 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 that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any - prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the Cit)ls 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of Yntl\/ ,200S. , - WITNESS: ~ Witness Signature INDIVIDUAL(S) AS OWNER(S): /J~"A~ Owner Signature f);-;Pl-ggJ, K/yII?OkUP? Printed er Name CArHt::(JNE lAl\-lA(:rO^, Printed Witness Name ~..~ ~. hLJJe,L Witness Signature f:>a e-bCdlA YI1. f'vt. ([rIA 'f~, Printed Witness Name 3 ~ Witness Signature -=:J c..,(~ C\ 'rf[ 0'\ 5 !j(: h ,'~ 0 h'VYYl . Owner Signature J V( ~OlTnOt ~ L h 1..ec> L U 'n1 Printed Owner Name (~Ke~,~ WHA~7C:i\J Printed Witness Name ~<A<- A, A (i.~ . Witness Signature &. dJClIlC< frJ. frJ u dd 'f t} Printed Witness Name FOR INDIVIDUAL (S) NOT ARIZA TION: 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 :J'uthaMtlS Ii f1& Pha,r-tJj Knl'-eoKltAll. 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 known to me or provided the following proof of identification: F /0 r/da lJ ,L. WITNESS my hand and official seal in the County and State last aforesaid this bfA day of Dr1a y , 200~ (Notary Seal) I" I 1 LIJI.nnl....II....._...... MIlAN COUJN8 : . ConlnlIDD02I5085: I ExpiIw 3/1/2008 ~ . i . Bonded ttvv (800)432-4254 : : ~11f!f.~,\"'of Florida Notary Assn., In~ ~ .. ..:1.......................... II.... _....... ~..., -~L0~ ~,;..r Notary Public WITNESS: CA'(1{0K \ N. <2 ~ A~Q('J \ CITY OF BOYNTON BEACH, FLORIDA jt~ 001<) Mar~ Q,\ '"r "'~ fL 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the coun~4!:3esaid to take acknowledgments, personally appeared Kurl- I3r~.r.rner, , ~a' J<<.n.e+- fVa..iY\~t-D , 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 ;(.5 rt{ day of IPCUj , 200~ (Notary Seal) ~~~~, Notary Public f(i)"H..............H.......... SUSAN cou.lNS : 8> CornmI DD02I5CIIS : ExpireI 3111200I I . . Bonded lhN (8OO)432-US45 : """~~\~ F10tida Notaty AaIn., Inc : Approved as to form: ~.... ...................................... , \ k~ I~O kv.~ \J;\\ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esqulnt JosIas & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'R ~-rn ~O\C ~ lIWe, J \A~V1S ~:Phou:.'8r::. In ,10 be":,, 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: . OO---Lf.5-4S~/r;-Od. -OII-o~SO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall co~mence and be in full force and effect on the ~day of ~_. ' 20 () ij' and the powers and authority shall be irrevocable by Grantee.! "' \ day of /~fh IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ , in the year two thousand and f/l/ e-- . d delivered in the presence of C~r~ Witness Signature ~H€lZ \Nf' WHl\t.-TuN Printed Witness Name ~~ It,. . fit tlA Witness Signature 6A.~61(1l~ (h. fha dcly ~ Printed Witness Name ?/~tf) i ~ J F 1-1 E /"/< c/ IV? Owner Signature ~;'<O)- 1\1-// E cJ KU/YJ " . Printed Owner Name ~~ :J V Tf-Jo rnA S t:H i E-vtUfI) Owner Signature Cf(fHE ~I ~ l;JY(Arcraf.,J Printed Witness Name -J U '1 (-) t=) rO/fj S K fj I E., 0 K:U fY) Printed Owner Name ~/h ,/tLdA Witness Signature ~tleht{ff!e< /h./l1ad<f~/7 Printed Witness Name My Commission Expires: POA.lND IUIAN .COUJNS : _ CIIMltDllIllMOll: ..... 3MOOI : ~ ~ 1Iondecl1lwu(8OO)432~254 E : ~,~~, Florida Notaty Assn.. lnc : ~...!) 1.1 II' ............... ..... ....1... ... .... Palm Beach County Property Appraiser Property Search System Page 1 of2 BIm'l'iti;.1~;n1tt~t qF-\ Prop,ertOl Appraiser's Pt.bIIC ACCHS S'''~'8~1 ~~~1t1""~'" t.~~\ ."~ ""7 ".. ~ .I, ...~,-;:,""Ji ~.~......;L.;~:-.-::,,,":,"~,, . ~~ S i 't' j J ~ .. r....}.- -,.- ;~~,~~"' J: ". ~ I - ...,,,,;;.It:>::~ H ~:lU1!li%@!h0it1,: " 1 ~___~_~_"'$~~~ ~ ~s to '/I ' Property Information Location Address: 3599 BARKIS AVE ~,l1Ip~ Legal Description: UNINCORPORATED 00-43-45-19-02-011-0450 WEST BOYNTON PLAT 2A 14919 Page: 1038 Sale Date: Feb-2003 WEST BOYNTON PLAT 2A LTS 45, 46, 47 a. E 3 FT OF LT 48 BLK 11 A/K/A AVONDALE PINESUNREC LT 81A Municipality: Parcel Control Number: Subdivision: Official Records Book: Owner Information Name: KHIEOKUM JUTHAMAS a. ~"".,.I Mailing Address: 3599 BARKIS AVE BOYNTON BEACH FL 33436 2720 Sales Information Sales Date Book/ Page Price Sille Type Owner 1.""",""~""d",1 Feb-2003 149:t9jl038 May-2001 12637/1842 Oct-1999 116()1/1961 $165,000 WARRANTY DEED KHIEOKUM JUTHAMAS a. $115,000 WARRANTY DEED SHEPPARD ROY a. $10 QUIT CLAIM MALVINNI MARGARET E Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1901 Acres: 0.18 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ .w~b",,",~=' I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=004345 19020 11 0... 5/9/2005 ~)C~~ It- L ... 1 in. = 142.5 feet 1 " - 0010 0090 0121 Il 01 pOO10 0031 OO~ 0101 0131 0161 0191 0221 - 0050 0191 0160 0481 0411 0381 0351 0321 0291 0260 AV 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 0260 ~ :1 .1'"1 ._~ .a., rE ~ 0010 0091 0121 0010 0031 0070 0101 0131 0161 0191 0221 ~ - 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 - II AVI- . - 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 f- 0050 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 f- A ,,~ - - - - - 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 Location Map - 3599 Sarkis Avenue ~~ ~ I} ff . L/~r1 A) , . ~eT"'l..rn 10: Of~ice of the City Clerk Cl!1:Y of Boynton Beach 100 E. Boynton Beard, - Boynton Beach, F ~"HIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 111111111111111 " II 1111111111I1 11111111 CFN 20U'50311719 OR BK 18618 PG 1396 RECORDED 05/20/2005 14:09:53 Palm Beach County. FloT-ida ShaT-on R. Bock. CLERK & CO)tPTROLLER Pgs 1396 - 1404; (9pgs) ~OS--OlS AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION r THl-S AGR1;:EMENT rpade oIl this day of ,200_ _, by and between (!. E'C!-' L II A L E'f P fill C;t' M Ii fiLe- J hereinafter called the "Customer", and the CITY OF BOYNTON BEA~H, 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, C'ustomer 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 servJ.ces outside of its jurisdictiona1limits on annexation of the property to be serviced into the City at th,e 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 /13Equivalent Residential Connections which City shan 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 Ordimmces 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 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be neces~ary to pay the total actual costs incurred by the City. 4. Any water main extensi on made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 w~ter 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable contrnL 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. .IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of -AJL2JL____, 200#-. WITNESS: ~JL X--~ Witness Signature INDIVIDUAL(S) AS OWNER(S): ~~ )\- Owner Signature ttliJ-L}J, ~~5Ak8 Printed Witness Name ~~-- ~Ii;~ Printed Witness Name ~EQ. ~ L I-/A l E Printed Owner Name 3 'f, ~fL Witness Signature (<, , .~ .>r442de' ~ ~ Own~ e DE ('It'S E /V1 lL~ L ~_ Printed Owner Name ml+CJ~ ~e~ Printed Witness Name )(~li~~~ , Witness Signature UJI HPrr~^ Printed Witness Name FOR INDIVIDUAL (S) NOTARlZATION: STATE OF FLORIDA ) ) S8: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the, State aid and in e County afc r ai to take acknowledgments, personally appeared I 0- ' :f} e.. 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 w~ersonally mown to m~r provided the following proof of identification:- . . Iu WITNESS my hand and otpcial seal in the County and State last aforesaid this 3 day of _DV ,20O!:f Mayer ~~6rc.."S.c;" ~'. ,,\-or. f\'\ct Q (Notary Seal) JERRY CHESNES Notary Public, State of Florida My comm. expo Aj:lr. 23, 2006 Comm. No. DO 107861 l.AlI-I~1Z II\J<Z L\)I-I Af!.-1or.j WITNESS: BOYNTON BEACH, FLORIDA f'l1(<.> ~"'-Sc)\"''-'.hQ1'-' Rq-(s-"1 (j;]~?~~~ ~:m. ~. ity\ Clerk , 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afor')'aid an~ in the Coun~";!!!.;;~aid to ta!<e ac. kn?wle~ents, personaIIy. appeared ) CJ:.ucl /j,-e 5 s It; ere, r 8ltcf 0cz'1ef ~L NU 1\ d'o , 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 J (p ~ay of ~/L.a..<-~ ,2005.' (J - (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission # D0421091 Expires: APR. 21, 2009 Approved <;s to Bond~. Th~~:tiC Bonding Co., Inc. ~.'}/ )f~ i... /1~It{h Iv L[~;J t.h I- ity Attome r:; THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commertial Blvd. Suite 200 Ft lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF'~Lln flt=:-t1.LA I/W e, ~ ( llfA lr;; I1fJ/t S e M fJ r-J L e 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: 37Li7 8A12kls ;:)t..:enLe I fj8+ L 3.J'-IJ0 {)6 LjJ L/s Je; 01 OU~ ()c)Se:l The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in fuJl force and effect on the , <; rct. d~y of ^){h!e....~ ,20 -d. and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day ofNoue~f' Y ,in the year two thousand and ~wr . Sealed and delivered in the presence of 3v~ ^ ~!sL- Witness Signature ~4' J/~ Owner Signature tEe.. /' L J/t+ L~ E Printed Owner Name . ml'f(';h\'5Ae~ Prinled _Wiln~ y:. 2; ,,l.,!p Witness Signature &J' if fIAr,!-m~ Printed Witness Name ')I /fUAHfl_ Witness Signature ~) ~ '-/ .' >~ -~47dt~4,~_ .' . Owner Signature . --.ll.L1\I l oS. E JV\ 'N r-i L c Printed Owner Name fh/f0h , )k~ Printed Witness Name 1>' ~~ ~ '. Witness Signature 13, / / f--!Ftrlm 0/) Printed Witness Name of STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) A~E FOREGOING INSTRUMENT~s apknowJedged befoivhe this .:3 day tV DV . 2rf;;d; by. L.:eLi ( ~[y:>J)/ .cyp\ . ~ and. . .. . . · who. are known to me or who have produced · as iden!" .cation a who didJt1[cfnoUake an oath. JERRY CHESNES Notary Public, State of Florida My comm. expo AfJr. 23, 2006 Gomm. No DD 107861 My Commissibn Expires: POA.lND num neacn county Property Appraiser Property Search System Page 1 of2 location Address: 3767 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legal DE!sc:ription: UNINCORPORATED 00-43-45-19-01-006_0252 WEST BOYNTON PLAT 1 03133 Page: 1862 Sale Date: Jan-1979 WEST BOYNTON PLAT llT 25 (LESS E 15 FT), LTS 26,27 II E 22 FT OF LT 28 BLK 6 AIKIA AVONDALE PINES UNREC Owner Information Name: HALE CECIL II Mailing Address: 3767 BARKIS AVE BOYNTON BEACH FL 334362701 ~",,,,,;,,,I Sales Information Sales Date Book/Page Jan-1979 03133/1862 Jan-1978 02834/0768 Price SalE! Type Owner $52,100 NO DATA FOUND HALE CECIL II $14,000 NO DATA FOUND Exemptions Disabled Ex-service Member $5,000 Regular Homestead $25,000 Total: $30,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1916 Acres: 0.19 Description: RESIDENTIAL Tax Year: Assessed Value: Exemption Amount: Taxable Value: * in residential properties may indicate living area. ~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~e--IJ ~ I:,&,~",;",e~.n ,} NOTE, Low", th. top ... bottom .......... ... 0.25 o. .....>_ ..... ..... opt... .. .he b_, ... ...... th. /J ...... o. -..... Ex k, k, ; + "iT http://www.co.palm-beach.fl.us/papa/aspx/web/detaiCinfo.aspx?p _ entity=0043451901 0060... 5/4/2005 - I I 0254 0~1' 10244 I U:i41 I 1..'.... 1 ..,..., J ,.. 1--- ! j ; 0253 i 0252J I 0243 I 02421 I 02331 02321 10223 02221 I 0213J 0212 I J I I J I i 1 in. = 15c.O feet AVE j j I I 0201 0010 0041 0081 0111 0141 0171 0211 241 0021 0051 I 0091 0010 001 - 5~0231 0240 0451 0411 0381 0351 0321 0281 0201 0131 0132 0050 015 ! HVt:. 0201 0010 0041 0080 0111 0141 0171 0211 24~0010 0021 0051 0091 0010 00 >--- 0240 0461 0431 0401 0371 0341 0311 0281 0252 C1~~/tJ231 0201 0170 0130 ~ 0 I J~I tooK'" AVF 0201 0010 0040 0070 0100 0130 0110 0190 0220 Cl24/fJ241 0030 0080 0090 0010 0 0120 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0050 0 0150 AVE 0201 0010 0050 0081 0111 0141 0180 0211 '24 0010 0021 0060 0090 0010 00 0050 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 O~ I 0070 AVE UOIO--- 0070 UllU 0211 0010 0041 0071 0111 0142 0171 0210 a~~ ~ 0240 0031 U1A:U 0010 0 0130 Location Map - 3767 Sarkis Avenue IL.....:.~ ' ~~ , . J . . f...J t<.e.ru.Q..M, To: Office of the City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach. Fl 334~~ '_ ~~ l_mlllllllllllllllOIIIII THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050:::111 717 OR BK 18618 PG 1378 RECORDED 05/20/2005 14:09:53 Palm Beach CountYt Flor'ida Sharon R. BocktCLERK & CO"PTROLLER Pgs 1378 - 1386~ (9pgs) Ros -OlS'"' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION \\ THIS AGREEMENT made on this _ day of. ,200_, by and between \J(.\CV\1)~ ~ l"\ \\.lp l \ ~ ~l'-l [V\ , N\ ~Q l ~ 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, C'ustomer 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 agre~ that there are 1L Equivalent Residential Connections which City shaIl 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 re.gulations to provide service to the Customer's premises. The Customer shall be responsible for m$tallation in conformance with all codes, rules and regulations 1 t2..eTucn \O~ Office of the City Clerk , Ci ty of Boynton Beach 1:)0 E. Boynton Beach SI";j, Boynton Beach, FL 334 ;)5 THIS INSTRUMENT PREPARED BY: J ames A Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~ IlIl ~llllllllllll n m 111111: IIII' 1111111111111 11111 erN :201:J503 1 :1', 1 ~:, OH BK 18":.1 ;e. F'13 1 :':;160 RECORDED O~I/20i 200~5 1.1: 09: 53 Palm Beach CmmtYt Florida Sh~ron R. BCtdtt CLERK 1. COI1PTJKILLER Pg;;: 1360 - 1. :3hf: t (9J:.gg) ROS-OI!) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON C 'J - ~ -~ . '-," ",-" ) ~::-~ THIS AGREEMENT made on this day of ,200 , by and be1:ween1 J-e SL-iE T: gLot.( NT - hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". , ,~_., \Ir~l 0) ;> '~ 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 Be:ach, 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 servic:ed into the City at the earliest practicable time. N OW THEREFORE, for and in consideration of the privilege of n~ceiving wa.ter setVice 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 vV' ater 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 arei.Jt Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water ser,vice lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended :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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. %WITNESS WHEREOF, the parties hereto have set their hands and seals this/~day of DtfR/L ,2005. - WITNESS: / INDIVIDUAL(S) AS OWNER(S): '1ult -4, Kkj-' Owner Signature L<t\L1t, J. iSLD\)NT Printed Owner Name ~. !t{~ Witnes~~ <--::::C-~"i>f)/ " 1',4/,? Ie (A tt//(/ D c- Printed Witness Name ~PcG)eC'~ Witness Signature CA\l1t.~CINE l.0H A,::.rON Printed Witness Name 3 Witness Signature Printed Witness Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) Owner Signature Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid anp in the County aforesaid to take acknowledgments, personally appeared L--eSt-/E T. 1'1 Lo UNT 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 known to me or provided the following proof of identification: F / 0 n'dtt, ..]), L . . / i-^ day of l'lpTI:lES S my hand and 0 fficial seal in the Coun1y and State last aforesaid this . (If ,20~ (Notary Seal) WITNESS: ..Hrll' I liitiiANIIIIU..II..............S : COLLINS. i <01) CollIIlI COOlIIOII i : ...... 3111200I : ~ ~ ~ IIonded IhN (8OO)432-42S4~ : ~'",9f.~,\~ Florida Notary Assn.. Inc : 1 II '~I" ................... ....... ........ .... U.H 7:'~Ir-:::.F Lt :,-1 A~/DtJ ~-~~CZ~L~.l '( ~~a~L ~J ; Notary Public CI wr~: ~O~I9;: BI~:;S~~ FLORIDA Kurt Bressner, City Manager ATTEST: ~'11J.~ City. Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 1:::-it1t T /8/z 5'5;L) z- /t.- , City Manager and JIU./EJ fit _ f7,44 / A/ / 70 , 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. Approved" as t ~J kltp , ~TNESS my hand and official seal in the County and State last aforesaid this / ?, ""'1ray of n?<-~'L-- , 200~ t7 ' (Notary Seal) NOTAlY PUBUCoSfATE OF FLORIDA~/ . C/v~ tY' :, L ~ Judith A. Pyle ~ ;/I.D~dLL ~~ Commission #DD421091 No Public I Expires: APR. 21, 2009 0~~7'. Atlantic Bonding Co.JIne. i i ~Y'-((-o~ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF fa (;t( /Jet/ct l/We, LeSL;~ J, ELOtt NT , 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: 00 '/3 Lf5/9 0/ OtJ2 076/ 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 .A-1f!/~ ,204i and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the If!" day of af /C/L , in the year two thousand and -PI v-€--. Sealed and delivered in the presence of i ~d~ '..-e::{J..I /~ '.' '" / .1"'~ , tr-L-- f> (/; L ' /Pl/ l:' Printed Witness Name " ' !--(;1 ti~.t/ C; J~~u~. ]", 'RLDv~T Printed Owner Name C~00,o l.~ Witness Signature CATkEilZ.Il'lP l2l1-1 A (L"JDN Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name ) ) ss: COUNTY OF PALM BEACH ) T~E F.OREGOING INSTRUMENT was ackr;lOwledged before me this J~ day of /1fr<-IL , 200>, by LeSt-Ie J. [{LOUNT and , who are known to me or who have produc~d , as identification and who did/did not take an oath. ~/~~~./ NOTARY PUBLIC SUJItN Co Lt.-I /Iff Type or Print Name Commisskm No. F / cr; &IlL 1>. L. STATE OF FLORIDA >>...............nH......n................, i_SUSAN COI.UNS : : mr ComInfI DDOIIIOII i : : Expne 3111200I : E \~ ~ Bonded IIwu (800)432-4254: : ~",II~~"...... Fk>rida Notary Assn., Inc : ...... ')...... ........... ..... ........... .... ...& My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 _'m~'tf!f'~'l'~'v'~"n;;.\ Iro 'ert ppr.,liser' P\..b!IC A~:€',s S',S'ef1l II~ "~""t~""",,j~.~ .,.... ., - .,. ., III ~~ ,,,,,: ~~ ,.... ~ . :: '::'" ~.. ~ if ( 't~ J f' '.' ~. :-' r~ I:'" 1:1; .i< \ ..'.,"'!:;'if!'l;;~ll11i!flillm,~di;<M ,.. I I I I ~~....~~tl:il'", '. I i Property Information Location Address: 3947 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: ~..J UNINCORPORATED 00-43-45-19-01-002-0361 WEST BOYNTON PLAT 1 11471 Page: 334 Sale Date: Nov-1999 WEST BOYNTON PLAT 1 W 2 FT OF LT 36, LTS 37, 38 a. 39 a. E 3 FT OF LT 40 BLK 2 A/K/A AVONDALE PINES UNREC Owner Information ~.""'i",1 Name: BLOUNT LESLIE J Mailing Address: 3947 COELEBS AVE BOYNTON BEACH FL 33436 2706 Sales Information Sales Date Book/Page Nov-1999 Sep-1996 Oct-1991 11471/334 09477/1336 07006/0651 Price Sale Type Owner $128,000 WARRANTY DEED BLOUNT LESLIE J $101,000 WARRANTY DEED $99,000 WARRANTY DEED Exemptions Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 ssesse an axa e a ues Tax Year: ~004 20()3 2002 Assessed Value: S108 11 $106.097 $103.61 ~ Exemption Amount: $25.00 $25.000 $25.00 Taxable Value: $83,11 $81,097 $78.61 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use c:ode: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2126 Acres: 0.18 Description: RESIDENTIAL * in residential properties m.y indialte living .re.. bl V I ~ !.Ira. ~--~ ~nl I" ,~_.'c,"c.=1 NOTE: Lower the top .nd bottom m.rgins to 0.25 on File->Page Setup menu option in the browser to print the http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451901 0020... 5/4/2005 ~~h.lb ,f- It- ... 7070 i 7080 1 I: ......... . ............ \ ) I, i I I , i 1 in. = 153.8 feet -= ALADDIN AVE - 0000 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0 ",- 0431 0401 0301 0331 0301 0271 0240 0451 0411 0381 0351 0321 0 o I----- - 0000 J lVE: -~' I 0010 0041 0071 01 1 0131 0171 0201 0010 0041 0080 0111 0141 0 -~ - 0000 0401 0331 0301 0211 0240 0431 0371 0311 0431 0461 0401 0341 0 I--- / ( ''FI 'FRS; A VI 0000 0010 0041 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0100 - I ~ "6 0421 0391 0381 0331 0301 0271 0240 0451 0421 0311 0361 0331 030 I. AVE ~" 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 00 ...... 0431 0401 0361 0331 0301 0271 0240 0451 0421 I 0391 0361 0331 0301 10 DC OJ) \ AVE 020 0010 n. 1 0042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 I "'~ ~ - 0431 [30P ~ ~ Location Map - 3947 Coelebs Avenue 'i, 'Mfa ;~}i>: . ;.;c iii<p1 Re~t\ 10: ~fffce of the City Clerk :i1:J1 of Boynton Beach fOO E. Boynton Beach P 'J Boynton Beach, FL 33'13S THIS INSTRUMINT PREPARED BY:L -~ James A. Cherof, Esquire -, .7 3099 East Commercial Blvd. . /] _ ',: /~ Suite 200 C.~'. ) ~ . Ft. Lauderdale, Fl 33308'" b'lo : /111 r III 11111111111111: 1111111 ~11111111111111~ 11111 ef'N ::;:~()O =,0:: 1:,7.1 ::, Oft HI'.: 181:.1 e. PC; .l ::16'9 RECORJEIl O~:IJ20/2005 H :O~h~,3 Palm 3each COUll t.y, Fl nida Shar'on R. P,Cick,::LI~RK .~ COMPTROLLER Pgl~ 1369 - 1:177 t .. 9Jlg;3) [-\05 - Olf;- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON , THIS AGREEMENT made on this day of ,200 , b'l and between Le J Li E T. g L Of) .A/1" - hereinafter called the "Custo~ler", and the CITY OF BOYN10N 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 1:0 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 s(~ice 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 1rom 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 _ J IJ>' Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water seryice lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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, 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their 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 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. & WITNESS WHEREOF, the parties hereto have set their hands and seals this I~ day of 1;1 ,200~. - , - WITNESS: ~ a~ INDIVIDUAL(S) AS OWNER(S): iJ~ J. ~L:1 O~ner SIgnature l(L~U1. J. tLb\[N\ Printed Owner Name ----;t {J~('c;L"~ 1/ tf/ C:, / L &.I/IJC Printed Witness Name .<CrKC2Cl~~~=~:> Witness Signature f CA. T HZ:' t:.\ ~ P L01r-f-A R-T 0 rJ Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (SYNOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared te J l" E 0, [) L () t{ I\f I 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 known to me or provided the following proof of identification: Flo r j-d tJI. .j). L . . WITNESS my hand and official seal in the County and State last aforesaid this ! ~ day of Afn' / ,200S (Notary Seal) WITNESS: ,............................. : SUSAN cowNr--, i _ ~ CanIllI 0DcIR1-, ! : i'i.'Ol.; Exp/NI a<112OO1 : : %;fIlFf\.d"<I Ioncled IIwu (800)432-4254: . 1111111"'" Florida N . .....3.......................~ Assn.. Jnc : ...............1 ~(UIL- ~ ~ Notary Public U't+fZ.it\.'.y' l,DHA(2TON CI OF BOYNTON BEACH, FLORIDA LP >ItS" 1\."- Ie R"Y-'LV<k"'-' I<-CX;-- (Sj Kurt Bressner, City Manager ATTEST: ~~y,- t:~t r; 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 1(tltT gk}j~;1Ifiv ,CityManagerand JA-t-if-T m /1/4/A)/7(J , 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. ~H;~S my hand and official seal in the County and State last aforesaid this '-~ ,20of (Notary Seal) N~OTARYPUBUC'SJATEOFFLORIDA C:l~ 7 Judith A. Pyle /~tc/I{jt?, Commission # D0421091 Expires: API. 21, 2009 Public Bonded Thru Atlantic Bondlnr Ce., Inc. /~~~ 16bh7dayof 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF (ik(/tt'L tea. c ~ l/We, L- e S'L / e :J, 15 Lou. (oJ T , 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: {JtJtf.5 tfS/9 (}2 0/3 0:]2( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the /f6It- day of otr; ( , 20li and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and Sealed and delivered in the presence of Witness Signature Printed Witness Name ~( ,u~I,tL/E Printed Witness Name .'A....,,<-~' t ~ ~ t\.=I- Owner Signature Li~ U<i. J-. tLbuN-r Printed Owner Name " CK~'~~ Witness Signature ~ C~(~~'~\N<f' l~~ A{.':-TuN Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) T~ F9REGOING INSTRUMENT was ack~owled9?d, before me this II/- #- day of !tf~{L , 20~S I by LeJLle J, tLuu,vT and I who are known to me or who have produced FI 0 r Itlt?'- jJ. L . , as identification and who did/did not take an oath. ~aR~~; NOTARY PUBLIC J(/f-l/(1I COLLI/(ff Type or Print Name Commissi0n No. My Commission Expires: POA.IND r...:.SUSAN'COijj~_ u Ir : $'''~' ~1. ComnII DOI'QII4JII : : ~?rn\:\ ExpiIw~1ZOOI 5 : \:~'#~f Bonded thN (800)432-4254: . ........("OFf\.~~.. . : "'1/1:11\\" Florida Notary Alan.. Inc : ... 5. C ~ ""... ... ...............................1 Palm Beach County Property Apprai ser Property Search System Page 1 of2 _!ff~ ;[~~'i ,1Fl;,\ i1!Pro j r IApt..raiser's PI_b!lI~ A:cess S'rstelTl . 't;','~t.. '''''', oJ,. , "f " """'{ ....... N> f"';' :::: -:"- e.. I I I ~ ~ r ~. \r) . )< ~::- I - :...- fttt j j I ~~jmUl,IIII.h;;i i 'fi.1 t' :', L I I Property Information Location Address: 3545 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legal Description: ~~ .. .. ^ , ... .... _.~ ..:... .." - .," -~-'; ,,'," ->',.x UNINCORPORATED 00-43-45-19-02-013-0321 WEST BOYNTON PLAT 2A 12553 Page: 836 Sale Date: May-2001 WEST BOYNTON PLAT 2A LT 32 (LESS E 13 FT), LTS 33, 34 a E 16 FT OF LT 35 BLK 13 A/K/A AVONDALE PINES UNREC Owner Information ~-""""I Name: BLOUNT LESLIE J Mailing Address: 3545 DORRIT AVE BOYNTON BEACH FL 33436 2743 Sales Information Sales Date Book/ Page May-2001 Feb-1996 May-1995 12553/836 09143/0151 08780/1035 Price salE! Type Owner $127,000 WARRANTY DEED BLOUNT LESLIE J $90,000 WARRANTY DEED $97,000 WARRANTY DEED [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2081 Acres: 0.18 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2004 Assessed Value: $141 28 Exemption Amount: Taxable Value: ~.''''----l.l ~,.,.II,.""",""~,,,,,,,, NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the brow_r to print the detail on one page. Record Search I Information I Exemptions I Community I Employment I New Home l3uyer I Office Locations Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~ http://www.co.palm-beachJ1.uslpapa/aspx/web/detail_info.aspx?p _ entity=004345 19020130.. . 5/4/2005 ~Xl'\l b:+ A- 1 . .. - . 1 in. = 168.6 feet - 1 0010 0090 0121 0 b1 0010 0031 0070 0101 0131 0161 0191 0221 r - ~ 0050 0191 0160 0481 0460 0411 0381 0351 0321 0291 0260 I------" - f-- 1 111 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 1 '------ ~ 0050 0191 0150 0491 0450 0411 0381 0361 0321 0280 0260 I---- / a". / i - / ~ 0 0010 0091 0121 0010 0031 0070 0101 0131 0161 191 0221 - ~ 0 ~ - 0060 01g1 0160 0481 0450 0411 0381 0361 0291 0260 0 ~ -AV';; - K) 0010 0090 0121 0161 0021 0051 0091 0121 0161 0181 0220 ~ 0060 32 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 f---- -:Do' IJ'I;; ~ f......--- ~ f2o- 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 - '" - tJ AUC I T T I I 1 Location Map - 3545 Dorrit Avenue I:?~~.. 0;;~. if, ~)V I ;:~fd\ ~ Re:rUQ.1Il To: Office of the City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach. FL 334~~ "- ~~ 11~IIU~llml"IH~IIIIII~1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire J osias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 200'::,0::111717 OR BK 18618 PG 1378 RECORDED OS/20/2005 14:09:53 Palm Beach Courlty, Florida Shar"on R. Bock, CLERK & CO"PTROLLER Pgs 1378 - 1386; (9pgs) Ros -Ol5"' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION \\ THIS AGREEMENT made on this _ day of " ,200_, by and between U(.\I\I\1)I'-'K t-I\\\llf>l~ ~~r->[\.'\.[\J\c\",-l<2l\ 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, C'ustomer 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 agre~ that there are 1L Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for IIl$tallation in conformance with all codes, rules and regulations l applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work performed, the Customer will also advance such additional funds as may be neces~ary to pay the total actual costs incurred by the City. 4 . Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 w~ter 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, 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. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all Successors and assigns. lO. It is agreed that the City shall have no liability in the event there is a reduction, impaimlent or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limItations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond 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 and against all claims, damages, law suits and expenses induding reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. (\ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this I q '1\day of -ll{~-__._ .,2005 WITNESS: ): ~-.-J" m IYJ~- ~ture ;~(\~O c-J \(, ~\l-l.e \ \ Printed Owner Name Witnes ture ~ ~(~C,'D Printed Witness Name 3 \/f T"7I. / m l17 ~ ~ ~ature ~~~i Printed ~ame ~ ~o--==> Witness SigIj1ature ~~r{~c<-(O ~wn~!PJM \-\ N \'- J .rv, \ ~\ +1 l t ( ~ Printed Owner Name Printed Witness 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 \h~aiM m in the couna aforesaid to. take acknowledgments, personally appeared I rh.-.hdL W1. 'lxlmDr"\ ~l . 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 Qersonally known to me or provided the following proof of identification: .dpf~'TNESS my hand and official seal in the County and State last aforesaid this I ,2005. ~ , (Not ~,' D Viviana Bianchini ~~~ Com!"ission #DD181131 ~~. ~.~:: ExpIres: Feb 2],2007 . --';'~OFf~O~'" Bonded Thru Notary P blic "," 1\\' Atlantic Bonding Co" Inc. J qtk dayof lo.>>\~ WITNESS: CITY OF BOYNTON BEACH, FLORIDA h(f<'<J("~?'r( I()-;z:.;;;~ (?cr'rr) tf~ 'I ATTEST: ~Yn. City Clerk ~ ~~.. CA\ HE f=. \ NE L0-) Af!- ION 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared .TEe/elf 7/4-t(J...o Ie, Mayor and J~,u<i: 7 /71, P/ZAIA//T0 , 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 / 7( d.t:y , 200 S- V' - (Notary seal)~ NOTARY PUBUC-STATE OF FLORIDA Judith A. Pyle cOnpnission /I D0421091 Expires: APR. 21, 2009 lo"-e4 Tbru Adandc IOndina Co., Inc. "J AP7Zlt& ,2d~M", AsJ City Attome l?W1dayof / / c:; THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA ,\ ~ ~' ~ COUNTY OF "t:'- JV... Gp<< ( . IIW e, ,J,,,,, 0- It \\\.~ \'..e\ \ '\ ~ M.~\;l..L f 1\, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00-1.(3, - 'fS-- fC1-o 2 - OIL/. - 61.fz ( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, ~- FLORIDA, shall commence and be in full force and effect on the l OJ day of ,~,,\ \ , 200') and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the \ \~ day of ~~\\., \ , in the year two thousand and 0 <:; . Sealed and deliYer~d in the presence of /l ea~ /I}~xu ( in~rur:/tZP- '''., 3)eJ+" m 1I1CA..S:1' \)o,,"'o,~ Q. \\\,~l.~ II Printed W~~ss Name Printed Owner Name <=-- Witness Sign ture S~tl2;~h Printed Witness Name &~/7)df~' Witness Sig ature :!~~m~~i ~~g~.N\tt!!1 l-\'v~ ~\, ~\J'Ll t? tl Printed Owner Name ' _S;:-Jel(~c-:. ~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) A TH.E FOREGOING INS):RUMENT was aCknow.'edged before m~th.s /Cf% day of~rll , 20h, by-A-Vln l1:ldd1ell~~_. and , who ar~ known to me or who h ve produced , as ide ifi ati and wha did/di not take an oath. ,'1~~~/, Viviana Bianchini $'T~~-:;. Commission #0018113] h 1)'::1 Expires: Feb 21,2007 ,~~o' ,~o~~" 'Bonded Thru I",,~,,\\, Atlantic Bonding Co., 100, \ Type or Print Name Commission No. l::>D 1 ~ 1 \ 31 My Commission Expires: POA.JND fall? Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3585 EDGAR AVE ~J"i""YlIW".ll*&\i$;i;J Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Desqiption: UNINCORPORATED 00-43-45-19-02-014-0421 WEST BOYNTON PLAT 2A 13900 Page: 480 Sale Date: Jul-2002 WEST BOYNTON PLAT 2A LT 42 (LESS E 20 FT) & LTS 43 TO 45 BLK 14 A/K/A LT 136 AVONDALE PINES UNREC Owner Information Name: MITCHELL DAMON R & 1"~.'''J~--l Mailing Address: 3585 EDGAR AVE BOYNTON BEACH FL 33436 2726 Sales Information Sales Date Book/Page Price SaJ~~ Owner l'd_!~.ASates ~~m<"l Jul-2002 13900/480 $60,000 QUIT CLAIM MITCHELL DAMON R & Jan-1999 10903/1715 $112,000 WARRANTY DEED MITCHELL DAMON ROBERT Jun-1994 08297/0757 $107,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1952 Acres: 0.18 Use (;:(tc:le: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed a d T bl V I n axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $103.760 $101 825 99.438 IMiS~~l Exemption Amount: $25.000 $25 000 25.000 Taxable Value: $78.760 $76825 74.438 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Infu~i#l l>h~i""'ffiJijIMw#>!@l Id%"'W"Wiii>.\qW'" iVA,,1 NOTE: Lower the top and bottom margins to 0.25 on Flle->Page Setup menu option in the browser to print the ~~~1' ,f 4- http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=00434519020 14... 412012005 ... . .- '."!' - ~-~~-~ .- - - i 1 in..= 1532feet I I I ~,: ,- 0010 0090 0121 ob,000,. ~31 0070 0101 0161 0191 0221 -~. i -- 1 0131 0132 0050 0101 0160 0481 i 0450 0411 03B1 t:t321 0291 0260 I L-- 'I i .- -AVt:. - - ..-.-" ~._..,--_.-------~"-- .-- 1 0051 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 01 g1 0221 I --. ..- 1 0170 0130 0050 0191 0100 0481 0450 0411 0381 0351 0321 02'80 0260 -FR.N A"F- 0010 0091 0121 0010 0031 0070 0101 0131 0161 I 0191 0221 ..- 0050 0191 0160 0481 0450 0411 0381 0351 0321 il 0291 0260 I I av' 7 I ,",51 -.;. .'21 -_...._.._------~._--.- 0010 0090 0121 0151 0021 .,5,I.,B, \ ....-1 111 0131 0132 0191 0161 0162 0460 0391 0361 0331 03001 0260 , .J 0050 0070 1...- -I 0141 J .'B1_."J md -E ~-~,._.-_.------.. -," -~._-~---._-- I "V090 0070 I ul1U I liUU I 0031 0010 0090 0121 0010 0031 0071 0111 0130 Location Map - 3585 Edgar Avenue L. ..... .;, ',.:iI",cl )-.,,;Ii:!] . 'I. . il r" ~If ,if Office of the City Clerk City' of Boynton Beach P. 0, Box 310 Boynton Beach, Florida 33425 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ROS--OIS AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THI&GREEME~ made on this I '1: t~ay of II u g-P '> T ,200 j--, by and between /~. cl'\o.c{ Pew1.7~aIl~k... ~ ~:)5y L ~t\7L-...; khereinaftercalled the "Customer", and the CITY OF BOYNTON BEACH, a mumClpal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional1imits 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 -42. Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended 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 ofthe 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. 2 9. 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 transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all 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 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 1 L 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 and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of ~)~~ ,200~. WI~~: /} ;J. 14~~{~ -~ Witness Signature .ltoInGt> ~1QL (2q e P~tness Name ~:z ml!~~ Witness Signature rYJARIUI-J L, mCPhe.RS'ON Printed Witness Name 3 -rfJ~ i~!2.-- Witness Signature J1~~, VtG L {2Ci.. e/' Printed Witness Name '11lt1i/1a,f 71le~~ Witness Signature mAfiH A L, fY}epJz.,eeSON Printed Witness Name FOR INDIVIDUAL (S)NOT ARIZATION: 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 ~\c...~l'.-l Pr re.. f"\ 2e (\ L f.{ "'t P~C{'q y L. P2/\ 2c(\1 1.( to me known to be the person(s) described in and who executed the foregoing ins owledged before me that he/she executed the same; that the individ w~ known to me 0 . rovided the following proof of identification: _~ WITNESS my hand and official seal in the County and State last aforesaid this lit, tl, day of l\...lAtJ ~~ T ,2005 \ (Notary Seal) \"UM v__ WOUd8 t:~ My CQmo..tIIiOfl 0DI11417 ,,..; EllPM JuIW 01. 2ClOI WITNESS: ,CJ.C1<~ '6 ~^-.:o.. ----. ~ - I ,//;>2f./ / 1 / / 'j' //(/~ JAvU-{-. -u.~ Notary Public ~EACH' FLORlDA Kurt Bressner, City Manager I (. V.e-.lnl4 \, \ 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 /:: UR T t/{2~Ssnt'IL , City Manager and -J Udl t--tf II. fl"J-/r' L7E ~tifJ:r~ityClerk respectively, of the City named in the foregoing agreement and that they severaliy aclnowledged 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 flltJ 10; T . ' 2?O_~-_ (Notary Seal) ,\\"1/111 B b M _-'. ',.c.v PI/" ar ara . Madden ~~""'.-~Sy.o:,. c " : 'f':/ Ql \<"~ omnuSSIOU # DD125274 ~,%\~/~ g Expires July 19, 2006 ";:;o"F.r{~~'.;.~ Bonded Thru 11111.;\\\' Atlantic Bonding Co., Inc. I e:; tyt~ay of LJl u..-(.::I- ~-l<,,-- It, . h.'( a~Lti:.:4 Notary Public Approved as to form: \[)C1S~, <t lab- City Attorney 5 Palm Beach County Property Appraiser Property Search System Page I of I ~~':'I!nt:;;" Ii: i"i.\ Pror>ertv Ann(8lfHlf'S Puhllc Acell!>>' SysteM ~~W"M~ti'A ,.., ~"* '" ,. r ". rr m:~r...f ! \1~~ ,""..., ...." r:: '" ~ ';-. ."' ~tq~t:>~qJ'>';:~/%:(;.f ",,/' r....'Y"' r "'. ~,Y +Jt"'lc"",o" ~~ 1IiL~~~_1i" ,\". ~!_._!.:'_~,,_...-w_,,& <> o. ... Property Information Location Address: 9219 NICKELS BLV 1........)lIew.Mjm ..... ...-.1 '~<'-'~",--;>JI:'-~- -~2:;ij;.o-i;(<:;>~M""" ",,~w. -- Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-02-005-0130 Subdivision: WEST BOYNTON PLAT 2A Official Records Book: 03272 Page: 0671 Sale Date: Jan-1980 Legal Description: WEST BOYNTON PLAT 2A LOTS 13 TO 181NC BLK 5 Owner Information Name: PENZENIK MICHAEL A & 1-';'6ML~Lt'='hll Mailing Address: 9219 NICKELS BLV BOYNTON BEACH FL 33436 2772 Sales Information Sales Date Book/Page Jan-1980 03272/0671 Exemptions Price SaleTYPJ:~ Owner $18,000 NO DATA FOUND Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 Tax Year 2005 Number of Units: 1 *Total Square Feet: 3586 Acres: 0.36 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l.atructureQetallci.] ~~tpt~...~l Ltw~~W~S"'''Mh I LiAlils,~~search J Il~.;erev.iowl..Ia..J l=ibd"'h..el1~~""''''.'...;w..1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. fi~corcl SearCfl I Information I ExemQ!iQm 15:9l]1rn1,JDLty I Emplgyment I r.Jg\r"ljom~J211yeI I QfflQ' Locatio~ Value Adiustment Board I Sav~..Qut' Horne1i I Seniot'_CoQ]gr I QjsclaLrnE;T !:iQme I LJDK~ I GIQ~ijry I f:i\.Q I fQfms I C9JltJ~_ ~)~ I PA~A (e) 2004 Palm Beach County Property Appraiser, E~~ t;) f\ http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451902005... 8/16/2005 THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 FI. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~lW\ ~CLJ,- I It@ Jtfllcl'\~d A- ~LenJ-f P~r>Y L ~/{ze/l;-;chereinafter "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: Q)-q3- L/S-(1-oZ -C()S - O!30 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the /6 day of -Au Ju.-Q ,20 ~nd the powers and authority shall be irrevocable by Grantee. Witness Signature. ~ -fL~$ MG-L -<.- Printed Witness Name \~ 77la~t;t.tf~ :f~fJ~_ Witness Signature fYlfJR1H It L. /Y}CPAeRS~=",J Printed Witness Name --m,^-~ Z~c-L Witness Signature n -:[1~QS Vl~,-/~ Printed Witness Name ~a.. ,XJ/7J~P~ Witness Signature fJ11?R./J.lA- L. /VJC!.PheJes~1Il Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) +",...~:.~~~'b KATHRYN K. DAVEY ,....~ * MY COMMISSION' DO 187109 ,,~.. EXPIRES: Maroh 24, 2f:J)7 'f~<OFFC&<:;j BondetlThnI BUdgelItolarys.w. Type or Print ame Commission No. T E FOREGOING INSTI3.UMENT was of T , 20 ~ by ~ .. '7'- . .JY e( ::. \ e-J:; My Commission Expires: POA.IND