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R05-015 (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 Cmmty, 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 contro1. 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 N(JV~II1f3E~ ,200.1_. WITNESS: _ J _ . / i INDNIDUAL(S) AS OWNER(S): ~~~:2Jff /~~t~~ A..IA thALfe /--2-156(-.1 ST4NI.-EV J. Kpczor(' Printed Witness Name / Printed Owner Name 9t.... Ak/)~ Witness Signature 8, / / HAl ka/) Printed Witness Name 3 R e:ru,( (\ ""[;,: OfH~. of the C;t~. Clerk ~ -~. , to ",_ ~,~ !..... i'.... f'It Cd", .n..' ~~ r",~ '-"', 10 j ~ "'::"(f,l.\', h ~~'~"J vl ~......r,..!li.'~"''''' :l .1.:~...,.. ,. 0 ,.. B ,~,.....t.'...r-\ [i:.-:,:\,~":, ;~':\{('l 1 d c. OJ' jlljd !..'.,..."I..." -... .l. , F. Ii ...., " 11 r{ r: Boynton B6acn, L. ~.)....:>..l II~mln~mnlli~Mnlli~~~I~111 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire J osias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 2005lZJ323,=~'77 OR BK 18644 PO 1986 RECORDED OS/26/200~) 10: 02: 32 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pgs 1986 - 1994; (9pgs) ..-1".. '.\ -, A.o5 -0' S- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION :.:) _.,.r; >, ".,",.; :?' j'-'l() ::.c THIS AGREEMENT made on this day of ,200!i-, by and between S/AN'J...B~ 5, KACZLJI( J SA-Id/el:? I.R~A.iG" K4Gu~hereinafter called the "Customer", and the CITY OF OYNTON BEACH, a municipal corporatIOn ofthe 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 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 conformance with all codes, rules and regulations l AjtU/(lLJ :]~ Witness Signature . \:j ILiA H)I=} LJ L kJ 56 t.j Printed Witness Name ~~ Witness Signature BJ/ / HAr--hIJUr) Printed Witness Name ~~~~ Owner Signature ' JAM iC€r I!.. ~ N ~ 10(4 c.:z.Cf( 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 5-(i+NL~1./ -3: /-tJJi> ,:J!tNIC& ri<EAJE J<i:Je.;z.ol<. to me known to be the person( s) descfribed in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personall~own to~r provided the following proof of identification: WITNESS my hand and official seal in the COUll NOV~^~BEl< ,2001. (Notary Seal) WITNESS: v~~ ~ 19v~ day of JERRY CHESNES olary Public, Slale of Florida y comm. expo A[3r. 23, 2006 Comm. No. 00 107861 ATTEST: ~crtn. p~' 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 "aCknOWI~ents, personally appeared \.5 of. J2 /C. '1 T t< '1/ tJ R- , Mayor and :it:<. /1 el/)l . t274: 0'7, 10 , CIty Clerk respectively, oftht'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. :i..... WITNESS my hand and official seal in the County and State last aforesaid this tli' ( day of hta; , 20~: (Notary Seal) ,"';iVWp" Barbara M. Madden !~>E'\~Comr:ussion # DD125274 . ::~\~:~;: Expues July 19,2006 ~~;'~.;7~~$' Bonded Thru "I,~~,t~\\\' Atl~.~ Bonding Co., Inc. '7l;;tOff ~",+City Attorney" J LA.- 4t,~-t1.- A - Ik_ a-r:Lcf~ Notary Public c:; THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire Josias & Goren, P.A. 3099 East Commerdal Blvd. Suite 200 Fllauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF {J/tl-M BEIH!.A--( j/PrC'.-Z-O {l. I/We, 5fA-IIILf:-)I J; Kt1Cr2..0Ifl, ::JlttJK!-G .rt<~^,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: 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 day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the I / day of lLJo V , in the year two thousand and F'OUR.... Sealed and delivered in the presence of - UallxLLJ1~ ~.&~ Witness Signature \)jwner Signat e ,Prc i 5b ~.Ch Printed Witness Name 3~ ~/}~__ Witness Signature '81 lJ HFYhrctn Printed Witness Name ~L~] Witness Signature .5IA^,LE~ ...7: J<A<!.-20R- Printed Owner. ame 8;~/~U~1.j ~ / .wner Signature . -- vAJlI~G It<EN&. ~R. Printed Owner Name lJQJ:- ~ P~i"5'bL Z:;e~ Witness Signature A '\ I) Hrrr- hl }QJ) Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page I of2 Property Information Location Address: 3766 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: J..~9ilLDes~riQliQI] : UNINCORPORATED 00-43-45-19-01-007-0211 WEST BOYNTON PLAT 1 10076 Page: 0386 Sale Date: Nov-1997 WEST BOYNTON PLAT 1 LT 21 (LESS W 3 FT), LTS 22,23 & W 10 FT OF LT 24 BLK 7 A/K/A AVONDALE PINES UNREC Owner Information Name: KACZOR STANLEY J & JANICE I 1._AJLOWDersjt(~i$O) Mailing Address: 3766 BARKIS AVE BOYNTON BEACH FL 33436 2702 Sales Information Sales Date Book/Page Nov-1997 .lOQ7&/Q38(j Jun-1987 05321'11Q2!l Jan-1978 02853-LOL2j? Price Sale Type Owner $85,000 WARRANTY DEED $77,000 WARRANTY DEED $7,300 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $85,780 $84.181 ! 82.208 ~~0...1 Exemption Amount: $25,000 $25 000 25.000 Taxable Value: $60,780 $59 181 57.208 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Us~J:Q<1e: 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: 2074 Acres: 0.19 Descri ption: RESIDENTIAL * in residential properties may indicate living area. bl V I Imk::~~uiil IMh...ilijjhMb~Ji;b"AiMu.1 LJ!!a<<vtg,~~hJ Lralk1YA.,eMeoJ 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. If- ~')G/~-I 6 .~ 1- http://www.co.palm-beach.flus/papa/aspx/web/detail_ info.aspx?p _ entity=0043451901 007... 3/11/2005 . 0254 0251 : 0244 0241. I, UZ;M I UL.n \ v,,,..' \ .--. I 1 I 0253 I 02521 0243 0242. t0233 E! ! 0223-r 0222 021310212 \ ___L. _I _ I L I ! I ! 1 in, = 156.5 feet --1 4L AVE 008~0111 ~ 0201 0010 0041 0141 0171 0211 0241 0021 0051 I 0091 0010 009 I I I I ~31 0240 I 0451 0411 0381 0351 0321 0281 0252 25 0201 0131 0132 0050 019 I I I II \ / I - J"VE 1!hL 0201 0010 0041 0080 0111 0141 0171 ~...o 0021 0051 0091 0010 00' I--- 0240 0461 0431 0401 0371 0341 0311 0281 025211 12~ tD231 0201 0170 0130 0050 01 ~M:!"i AV'~ 0201 0010 0040 0070 0100 0130 0160 0190 0220 II 124 fJ241 0030 0060 0090 0010 DC 0120 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0050 0 0150 . AVF 0201 0010 0050 0081 0111 0141 0180 0211 '24 0010 0021 OOGO 0090 0010 DOl 0050 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 01 0070 ^"~ I -VUlJU 0070 \ U11U 0211 0010 0041 0071 0111 0142 0171 0210 II 124 10 0240 0031 I U1LU 0010 DC 0130 ~ if \,,~ . I<::il l v is..:... ~ J"'.. .. ,'''' ,,' : .-., .~ ,"-;,~ r'.~,r,u CI · 1'~5~?2~;t/ /" ,""', . .'. .,":,,:! . $n-i: /C .... ..' I . .' I" r~ d l::jf;~Ch li., ,.~+, '~. ~\;<, r"\....- B ,.' .'" 1:..,..'..."..1) q!vd ,J()VI"'~ r-_ . ""-"VI, LJI . ~, ...,.n ";E;"-'i~ ;'-L' THIS INSTRUMENT PREPARE'D BY:- "",", r 33435" James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 F\05-0L5 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of . ,200-, by and between /I1a(' lARrit-e gOLu..ctf - hereinafter taIled the "Customer", and the CITY BOYNTON BEACH, a municipal corporation ofthe 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 LL 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 .-... T .-., ..- - ..I..-.~.iI~A ............J ... 0234 0231 0233 0232 0224 0221 0223 0222 0214 0211 0213 0212 0244 0241 0243 0242 1 in. = 150.4 feet 0254 0251 0253 0252 01 0081 0111 0141 0171 0211 0241 0021 005 0091 0010 0041 Ik 40 0451 0411 0381 0351 0321 0281 0252 25 0231 0131 0132 0010 00 0050 01 0211 24 0010 0021 0051 0091 0010 0041 0080 0111 0141 0171 .231 0201 0170 0130 0461 0431 0401 0371 0341 0311 0281 0252 0010 o 0050 01 0040 0070 0100 0130 0160 0190 02200 't)241 0030 0060 0090 0010 0120 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0150 0010 0050 201 0211 24 0010 0021 0060 0090 0010 0050 0081 0111 0141 0180 40 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 0451 0010 o 0050 0070 211 0010 0041 0071 0111 0142 0171 0210 00240 0031 0010 0130 Location Map - 3741 Sarkis Avenue . I I 1~~.""._ r~ ~ . ;,; .,"O)r;:,.. ~-..;~'t'l,' Cf . ~~ ;' ~ ". ., -~... ~""'~ ~ J, JJ It S,""'I',tf. '.~d '; - " " ,. ',' n Bc~ch .l'(~..~"" 1r:' ';': 2c'ach Blvd. B_ , I "',~ ... E' "~ --. THIS INSTRUMENT PREPARE'D'BY~' 'lCd, rL 33435 James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1""-'" ,-" /i '2 7i>~;l/ /"::' . ~05-0l5 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200-, by and between ThaI" W?r;f--e. gOLuctl hereinafter taIled the "Customer", and the CITY 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 described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are LL 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. 1 L 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 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 W~TNESS WHEREOF;)he parties hereto have set their hands and seals this!i- day of M. Li ,2005-. WITNESS: INDIVIDUAL(S) AS OWNER(S): ,<' ~/4'~~":~ A,,-e~ o ner Signature , Wj Signature 1 ._~..~ f~ .,- -- ;' (JHi/fLIc:Lj/1/PIt/~/d Printed Witness Name y( fYJ a'-?l1<"" yo'/ Te 73 a ( vlC- ~ Pnnted Owner Name >< ~~.t'--_ ), .)J, k-LJr.l. Witness Signature I 6t.( f. PI( [2 i' It I ' ('rl t( d /{V} Printed Witness Name 3 Witness Signature / / Owner s~~e I Printed Jbwner Name ''''' Printed Witn~ 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 /Vla.rj I-\.e r i f-~ B 0 I uCh. 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: r:::::: lor dCL /)n very /;ce-nll:?...- WITNESS my hand and official seal in the County and State last aforesaid this ~ day of on~ ' 20~~ (Notary Seal) WITNESS: ......11. II ..T..............."............... : SUSAN COLLINS : : <I> ConIIIII DDClZ85"Ac : i ... 3111200I ~ :.... . 8Dnded thN (100)432-4254: . ~ ~ . i...s...~.........~.~~..:~~:..i ~a.,- ~-/ Notary Public CMv{E~ IN~ LA \rI A'f.'-/oN CITY OF BQYNTON B;EACH, F~ORIDA (P~"i< ",'r-"1 Kurt Bressner, City Manager ~~~ }UL~ 4 Pa~ Beach County Property Appraiser Property Search System Page 1 of2 p" ...4",'- ~~ :\'1',;:; t?: ~-.\ Property Appra se' s P_r'lc .\~,>:~" S'..,'PTI '" ~ ~ .. "'" "'" -- '" ~, .... "" . ..... " '"'" . - - , - , - '1 " ~. -: j 1 ~ .,' Property Information Location Address: 3741 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal..Pe$criptiQn: r---~DI UNINCORPORATED 00-43-45-19-02-001-0201 WEST BOYNTON PLAT 2A 18189 Page: 1555 Sale Date: Feb-2005 WEST BOYNTON PLAT 2A LT 20 (LESS E 1 FT), LTS 21, 22 & E 8 FT OF LT 23 BLK 1 A/K/A AVONDALE PINES UNREC Owner Information Name: BOLUCH MARGUERITE TR ~-- ",&~l Mailing Address: 3741 BARKIS AVE BOYNTON BEACH FL 33436 2701 Sales Information Sales Date Book/Page Feb-2005 Apr-2001 Mar-1981 ~818911555 1249f:d237 034760.149 PriceSaJeTYpe ...._~fu_~1 Owner $10 WARRANTY DEED BOLUCH MARGUERITE TR $118,000 WARRANTY DEED BOLUCH MARGUERITE $68,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Senior Over 65 - Countywide $25,000 Widows Exemption $500 Total: $50,500 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use CQde: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1700 Acres: 0.19 2002 65 867 33 495 99 362 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: --.J ~x~~ It- http://www.co.palm-beachJ1.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451902001 0... 5/912005 ._... T .-" ..- - - ..1.-.~JI-. a ........-A" ... 0214 0211 0213 0212 0224 0221 0223 0222 0234 0231 0233 0232 0244 0241 0243 0242 1 in. = 150.4 feet 0254 0251 0253 0252 01 0010 0041 0081 0111 0141 0171 0211 0241 0021 0051 0091 ~ 0131 0132 40 0451 0411 0381 0351 0321 0281 0252 5 0231 0010 00 0050 01 0091 01 0010 0041 0080 0111 0141 0171 0211 24 0010 0021 0051 0461 0431 0401 0371 0341 0311 0281 0252 ~231 0201 0170 0130 0010 o 0050 0090 01 0010 0040 0070 0100 0130 01110 0190 02200 1)241 0030 0060 0120 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0150 0451 0010 0050 201 0010 0050 0081 0111 0141 0180 0211 24 0010 0021 0060 0090 40 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 0010 o 0050 0070 211 0010 0041 0071 0111 0142 0171 0210 00240 0031 0130 0010 Location Map - 3741 Sarkis Avenue f)~e;!::.:.~... .:."~ .~~~~:~\ :,'~::"~" ,::r'?~!.,~ /:-; .--- ,{;'TZ/,e'R/ / ~". ' ~'J';t ~r {,. t- :~~~;: .,': I~ i ~<.1 ~'.: E ' ) '- r~ " ~ ,..1 . _ ' lJ. !30,/(;. Ji-1 ::r:~' 4!; ~ 33.!...3ti 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 made on this day of ,200--, by and between ]) -j a.li\ -e.... lo( Q C-LM ('\Lre 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: 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 I.l/ Equivalent Residential Connections which City shall service. ~ 3. The Customer agrees to pay all costs and fees of engineering, materi~ 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. 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 herelo have sel their hands and seals this -M- day of . ,200S-. WITNESS: -D wr:.IVIDUAL(S) AS OWNER(S): :.t~ /<tu~ Owner Signature ~1Avhv~ Witness Signature Collee".. (Vlc..C:rr~ Printed Witness Name Printed Owner Name ~~~ Witness Signature Go, (e..... 5er- (- ftU Printed Witness Name 3 Witness Signature Owner 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 t 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 personallv 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 , 20~ ~~=t~~ V Notary P$lic WITNESS: ( CI .... OF BOYNTON BE... ACH.y FLORIDA P~/:;; ~ t Q..cl, llA k-.- /2 Of - {Sj (' J\\\-{~e \ N f WH A (2;'0 I\.J Kurt Bressner, City Manager ~' ~ ATTEST: / l _ STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared KlA.t'+- g(eJJher ,CityManagerand Ta.ne+ P'("eti~~+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 ~5rJ day of Wl~ ,200S (Notary Seal) [A"""-""-"-1 SUSAN COlLINS : . Comm' 000295085 : Expires 3/112008 : : m Bonded thru (600)432-4254~ : "':/f0l.,..,,~ FIonda NotalY Assn.. toe . i...,,' ...................................... ~~~J Notary Public kCCCL(v~ k ~I\ 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 Palm geJlch I/We, 1'QVJi'... ~aclYY\fl('eJc , 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 -lf3-lfS - A - 62-012 -gc..fg 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 JJJ.- day of -A.pri I , 20.0...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 0 t; Sealed and delivered in the presence of Witn~natur:- J)~e~ DiQV\ L K~c<;-elc Printed Owner Name ::re~ 1'err~ Printed Witness Name ~ c:b~ Witness Signature eA""s+i n~ Jj/C e 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 ) l~~ F~~GOING INSTRUMENT was acknowledged before me this /? ~ay of ~ ' 20~ by b:i~JJ ;t'~~~-../ and , who are known to or who have produced ~4..l .t.,,~ ~, as identification and who~/did not take an oath. ~UB&r 'J.cAAI A -1I:'.G;f Type or Print Name CommissiQn No. J)/J ..1.:J...S~ ~ , JEAN F. 0 R Y COMMISSION # DO 362564 EXPIRES: October 14, 2008 Bonded ThIU N~ry Public UndeIwraers Palm Beach County Property Appraiser Property Search System Page 1 of2 _rnn~::~'F'ZBl;1H.a_i'l" Annfainr's Puhlic Access Syslen fWfWW:P'"~ttM"'to# "'. ":,,<<X "'"<bt~:I]4iti ~:,- rl! " w 'JOlii'", <'# r 'Ii /"\: ~ fw /' & L; < '" - F < " ~~ ,,<< ~ r.) kV;'?; '!~_ r ~ r' / ~ 7 ,/ &, "&' ": ~t "'" "'~~_!Wijg8l!!IW:' "?,,, Y',p ~JRElli:A'>>ffllititLmm/ill ~ < ~.iM~fuWa11~~' Property Information location Address: 3619 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legaJPejicri ption: t''''''d,"~,MI.{'/$iffit UNINCORPORATED 00-43-45-19-02-012-0481 WEST BOYNTON PLAT 2A 09931 Page: 0300 Sale Date: Jul-1997 WEST BOYNTON PLAT 2A LT 48 (LESS E 3 FT), LTS 49 & 50 BLK 12 & TH PT OF RESERVE STRIP LYG 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 099~1J9300 Mar-1988 O!:i625/DJU.4 Jun-1985 OA56Z19258 Exemptions Price ~i'lle 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 sse sse an Taxa e a ues Tax Year: 2004 2003 2002 Assessed Value: 95 374 93.596 85.895 L:"~~I 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: ltse C~de: 0100 A d d 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 '-"";~~,<<;',,'v'b,,l ~";~iiS8a~%1 'W;;A"U{';AiiiIdQ~,>,y, '''iiitl NOTE: Lower the top and bottom margins to 0.25 on File-> Page Setup menu option in the browser to print the -G)C"~b H-If http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=00434519020 12... 5/13/2005 ... 1 in. = 142.5 feet r 091 0010 0090 0121 oJ>>11o 0010 0031 0070 0101 0131 0161 0191 0221 132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0280 AVI 1091 0010 0090 0121 ..,. ,?{ 0070 0101 0131 0161 0191 0221 130 0050 0191 0160 0450 0411 0381 0351 0321 0280 0260 '1"'1.::"00 -... UF 1090 0010 0091 0121 0010 0031 0070 0101 0131 0161 0191 0221 120 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0280 150 I U u"lonT AVI"' )090 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 AWl'" JU9U .-- 1J11U U1ZU 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 JO Location Map - 3619 Coelebs Avenue l'f(1 ~ ~ '~~~ ~:-:,-- j'C_ 'i: / ~/ A!'. ,,-C / l:.\~.~~".:~:,. :,~\': ~'~,,:- ~~~:/ C~,<:~,~f< -- . r /0 _. :f'i ~;. . .. <f (~. "1 l:"Il ...., ~ ~. 1 t ~ ." ~i:.....: U;t':"'~:!-J.'~ ~ ~~tI',' -. < 'I . ;) .:.: f". '. '! '." :~\ (' ~,\. q:, .-' -....1...... _,1,,/, ,~__",...,...1 L'.V..... ::;oyni.Q,; S :(l:'~.h FL 33435 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 RD5 -elb AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT ~ade on this _ day of ,200_, by and between ...Jj.J-ha.W\t>-." ~ Ph.aJ~oll<J\-, r:> () 1<.. \.lIlY\. 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 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. 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 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 Yhtl.\1 ,200S. , - WITNESS: ~ Witness Signature INDNIDUAL(S) AS OWNER(S): a~"A~ Owner Signature /JHP /8gJ. KNI eO fcUf'YJ Printed er Name CArH[~.JNE lA1HA-t-10tJ Printed Witness Name ~.~~. hL~~L Witness Signature {:Jet ~bt( (Le't. rn. /Vl aM 'ff'l Printed Witness Name 3 ~ Witness Signature :Jv(~C\yv(c>\5 1L.h 1.~ol'V'YYl . Owner Signature Jv(~D1Y'nOl~ t h,'J:oLuYVt Printed Owner Name (ft\Ke~\~ WHA.~rW Printed Witness Name ~ A,k(i~ Witness Signature 6,< t-h(;azu. frJ . frJ a del 'f IJ Printed Witness Name FOR lNDNIDUAL (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 :JuthaM,()s (LI1~ f'ha/,...t{j Knl'-f!I()j('It/Vl 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 10 rtdCL j) ,L. WITNESS my hand and official seal in the County and State last aforesaid this b -/I. day of In1a y , 200~ (Notary Seal) ~~avL-. Cfll;,J Notary Public I' · I 11...1111.11........_..".. IU8AN COUJN8 : . CcIInmI DOO2I5085 : I Expilw 3/112008 : . 5 II IIondecllhru (800)432-4254 ; : ~,flf.~\,'\~ Florida Notary Assn., Ir"'. ; .. "~"""""""""""".""".. w... ~... WITNESS: CA-(..{0t<.\N.~ l~ A~0f'.1 ',CITY OF BOYNTON BEACH, FLORIDA J1~ ~1r) Ma~{9f. 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~4t~esaid to take acknowledgments, personally appeared Ku rl- I3r~.r.rner , , ~d' Jttne+- frr-t-; n~ 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 '111CUj ,200% (Notary Seal) ~~t4?~~, Notary Public ~........................... SUSAN COLLINS : . c:ornm. DD02I5OI5 : Expir8e 3111200I I ! II Ionc:led lhru (eoo~>>-t2S4! : ~""~~~'\~ Florida Notaty Asan., Inc : Approved ~s to, form: =..... ...................................... k~ l-eO ku~ lJ;\\ , \ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. EsqulnJ Joslas & 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 c~ ~-rn ~O\C ~ I/We, J V\~IS l( fhM'~K:h\.xC~V;hereinafler "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: . OO/Lf3'-4--S----/9-0:2. -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 () If and the powers and authority shall be irrevocable by /~ih IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of ~t ' In the year two thousand and fur ~. Sealed d delivered in the presence of CktUY)r~ Witness Signature ~H€CC- \ '" E:' WH 1\ t.- To N Printed Witness Name A~~ k((;~ ?/rtf} i -i'lo T F't-l E /" ,k c/ iVJ Owner Signature ~; Il-o)- KII/ E Cl /CUll? PrintedOvJher Name Witness Signature 6 Ii f- b'Ule( (h. fh Ii c! elt- 17 Printed Witness Name ~~ J V TN f) fY)A s Ie H j e: vt Uf17 Owner Signature CKlHe~11'0C: lP'r-{Arcra(IJ Printed Witness Name -J U 'T t)t=J 10)0 S Kfj I ~ 0 r..U fY) Printed Owner Name ~ft, ./lLdA Witness Signature ttl~ht{~~ /h.{Yladd~/? Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT ~as acknowledged before me this fo --11-.. day of Xyla~ ,200S, byJ'u:+fa'/1I1.Q.] +- f'hq,'roJ l<hlelJ!:.vtvt and. . , who are known to me or _who have produced Flp r ;da.. ./J.L. , as identification and who did/did nottake an oath. ~t0MA-~-J _ NOTARY PUBLIC r, '4~ I . fl. ' '-.1 (/J /.J.1!L Co L L / N ~ Type or Print Name . Commission\No. My Commission Expires: POA.INO IUIAN .COlJ.JNS : 0> ClIlIIIlI CIOCI'I8IW : .... W200I : ~ ~ Bonded thn.t(eoo)432"254~ : ~"~~\\,, Florida Notary Assn., Inc . ~ 1.1'..1.. ....... .........1.........1. I' ..... J Palm Beach County Property Appraiser Property Search System Page 1 of2 _~L~;~l"l~';!'ti!il~F;'I, "rorier.. A.ppraiser's PLbl,c A::cess c;.',"'er"1 lO r '~'~'I' ~. '!!, " " . ,.... '" .It.. , l.~ 1;i..,,1"""~' .:: ~ ~.. !ili" \ .' ! r) . .' r - -. : - - ~ A'tl'!,il'). 1, ~ I ~~,111.111~1 ji~:illii, : Property Information Location Address: 3599 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: I"'"ill ..~.. ,MaD ioiii.l.J 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 Owner Information Name: KHIEOKUM JUTHAMAS a. Mailing Address: 3599 BARKIS AVE BOYNTON BEACH FL 33436 2720 Sales Information Sales Date Book/Page Feb-2003 May-2001 Oct-1999 14919/1038 12637/1842 11.601/1961 Exemptions Price Sale Type Owner $165,000 WARRANTY DEED KHIEOKUM JUTHAMAS a. $115,000 WARRANTY DEED SHEPPARD ROY a. $10 QUIT CLAIM MALVINNI MARGARET E 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 2004 Number of Units: 1 *Total Square Feet: 1901 Acres: 0.18 2002 $74 81 $33 49 108 31 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: ~ ~ ~~--~ ~ ,,,II..>."".~,..," ,-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.lI.us!papalaspxlweb/detail_info.aspx?p - entity~4345 ] 902[; :~cr It I- ,.... - I-- I-- ,..- e-- - I-- ~ l-- l-- '-- - ,2.5 feet 0010 l-- 0050 0010 0050 0010 0050 0010 0050 0010 - 0010 0090 0121 OD1~0010 0031 0191 0090 0191 0091 0191 0090 0191 0160 0121 0160 0121 0160 0121 0161 0090 0481 0010 0481 0010 0481 0151 000/ 0101 0131 0161 0191 0411 0381 0351 0321 0291 m~ AVI 0031 0070 0101 0131 0161 0191 0450 0411 0381 =. ..... ,MS A' 'I"' 0351 0321 0031 0010 0101 0131 0161 0191 0021 0162 0460 0121 0010 0450 0411 0381 0351 0321 0291 ..1( '''~I '11 -.a.VIF" 0051 0091 0121 0361 0111 0151 0331 0141 0181 0300 Location Map - 3599 Sarkis Avenue 0421 0391 1-1 AVI- 0031 0071 -" 0221 \ I 0260 0221 0280 0260 0221 0181 0260 0220 0260 0221 .~ Y\2J '.~. ~I V..~~ /"1 ______ ;:i~ (6 Office of the City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ROS--Oib AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY UMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this _ day of ,200_, by and between Ar rY\l1..V\ do {' c. rz..o hereinafter called the "Customer", and the OTY 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 descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are il Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, laoor, 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 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. 9 ......v ~SS WHEREOF,Jhe parties hereto have set their hands and seals this ]..1 dayof I , 200 S. ~AL(S) AS OWNER(S): ~ Owner Signature /Jr~'J() C.zo Printed Owner Name L~~( F ~ Printed Witness Name , '- { 'J~u- ~ Witness Signature 1 \Ie} vnCl ff\ II fe l 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 IJ 12 rnan CJ(I [l (.? ~ ~ () to me known to be the person(s) described in and who e cuted 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: r: If) Ill! u /J ,e /1/ t'1f:'" L I' {, f' rj~ .( . 'J ~ WITNESS my hand and off!.cial seal in the County and State last aforesaid this ,~.J day of f) ~. ,2003 I (Notary Seal) "1111,, B b ","~~YPtf:." ar ara M. Madden .:-~~~~ Co :':": ~: IIlll1ission # DD125274 -tn' l' - 11....... :."?-l .,~~ -t-lI'eS July 19, 2006 ~;'~-OFf\,~'~ Bonded Thru ""'11"'\ Atlantic Bonding Co., Inc. ~~ ~"/kcu~4 Notary Public WITNESS: ~tl11 ~J ~O:B~CH' FWRIDA Kurt Bressner, City Manager !7~~ l~ STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 7('t(I?T ~,e?85~Vl- ,CityManagerand JA-/Ve.-r f!l.;gAI"u,7"O , CityOerk 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 o~cial seal in the County and State last aforesaid this ~~~- ,200~ (Notary se_PUBUC.STATE OF FLORIDA Judith A. Pyle Commission I D0421091 Expires: API. 21. 2009 Bonded Thru ~~andc BoDclfnI Co., IDe. A~roved... ~ to ;o~~ ~~_. I'pt-? ItiA ' ~/ S....{'1 v"S City Attorn y 4srh ~~.R. day of ? < ,);:' , / . ., '/A//ZI-.~ /.;: C,--, Public / 5 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF -.&1 hi\. ~ I/We, l+('m~Jll GrZ-o , 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: ()()- L{ 3 -If___c; -09-09 - 000- /870 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ZL. day of Ap.r-J , 20o..~ and the powers and authority shall be irrevocable by Grantee. ~j. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ IJ ~ , in the year two thousand and f.. vt . , day of Sealed and delivered in the presence of ~~ Owner Signature Arm ~l/vlo C; rz.o Printed Owner Name Itness Signature 5) ( 'C\./Wl "Cc0 ~ T7 ~ Printed Witness Name , ~ J~c~ (];~9-<: Witness Signature ) yJmc,- fY);) 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 FOREGOING INSTRUMENT was acknowledged before me this ;LL day of Ii /J R-" ( , 2OC' '.).~ by II (l rn A f/ r1.') [1 c ;e 7 I , and I , who are known to me or who have produced Fit? L,'{ J (~ rl t2,' v I' ~~ L I 'f t' """e, as identification and who did/did not take an oath. ,,'~~V~lJ.'III, Barbara M. Madden .:- ~~b:' . ff(~ .Q. "~iCo~on # DD125274 ::..... 1~- ExpIreS July 19,2006 -:.;j>;''FF fl.\)~~ Bonded 1bru '111,",\\\' Atlantic Bonding Co.. Inc. ~~~~),. fr.-~ NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 !1.~:I'!;jl~~'i;F-\ IPro~ert)' Appraiser's PLtllc A'::e~s S'fS'efT1 l ~! ',! ';'; ~.:...t.:::-.; - ':",' ,.' ' .,~ "I ,-," t ' r. I, ,If I, I' f r) ." :- ., :'.' ! ~'I~tl1. l .~,_ltjli",,&:, " Property Information Location Address: 1237 HIGHVIEW RD ~'II~ Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-1870 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 12420 Page: 1815 Sale Date: Mar-2001 Legal Description: RIDGE GROVE ADD NO 1 LTS 187 a. 188 Owner Information Name: CORZO ARMANDO ~..I 11: Mailing Address: 1237 HIGHVIEW RD LANTANA FL 33462 5911 Sales Information Sales Date Book/Page Price Sail! Type Owner Mar-2001 12420/1815 Aug-2000 12054/66~ Apr-2000 11704()f994 $80,000 WARRANTY DEED $33,000 WARRANTY DEED $100 CERT OF TITLE CORZO ARMANDO CORZO MIGUEL 0 NORWEST BK MINNESOTA TR Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 2004 2()03 2002 57,341 52.21 W7.17 19,93' 17.92 14,00 77,27' 70.13 61.17 Tax Year 2004 Number of Units: 1 *Total Square Feet: 917 Descri ptio n: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2.004 2093 ~002 Assessed Value: $63,83 62.64 $61.17 , Qft....._~ Exemption Amount: $25.00 25.00 $25.00 Taxable Value: $38,83 37.64 $36.17 T VI ax a ues Tax Year: 200,4 2003 2902 ~ Ad Valorem: 75' 736 711 Non Ad Valorem: 191 192 185 1''<'''''~t",,,,,,.,,,_1 Total Tax: 948 928 896 ~"----..J ~ I'~,"'~~"""""'MI NOTE: Lower the top and bottom margi... to 0.25 on FiIe->Page Setup menu option in the brow.er to pl'int the detail on one page. Record Search I Information I Exemptions I Community I Employment I NewHome,Buyer I Office Locations http://WWW.CO.Palm-beach.ft.UslPapalaspx!Web/detail)ufO.asPX?p.entity=0043f;:~./i/Zv;J!S :. It/t'/C: ...,...~" .. ~ '1 ~.. _~, , .. . f'P 0" ~. ''If'! r '''V!: er'( Vi ,.~ ....,.... .. ,'" _,,#< I '. " If . ~ ,.,. "; ,..~ ~'(: ,..,~. y.'~"!'h .." '1;' , " ~; :':":' \, ,.'~, '".' :...~ >' ~ \.i' i ~ { [". 8 -Jq:i () ~ :}:~ ::: ! v d . i: (Jillton 3t~;jcl1. h_ 3 }135 THIS INSTRUMENT PREPARED BY: James A. Chero1: Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R05 -CIS' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AyREEMENT made on this __ day of ,200_, by and between 1~C"I1-h. K f (~l (~7 ,-=-he It..... 3', :-r.;^~ \:. 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 requestcd that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Bcach 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 4 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 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 harm:less 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 -1..0- day of mcuf ,2005. Ai; Si Z/T/tJ " ptU [j" Printed Owner Name Printed Witness Name 3 FOR INDIVIDUAL (S}NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) 70~ al1 n JJ! (Q~(i;y ~!3wn~i;;:;t;J';(J' [hl4b.efL ~T JUf1~S. Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State s id d. in t e Co nty foresaid to take acknowledgments, personally appeared ' \ t i to me known to be the person(s) described in and who exe ed e foregoing instrument that he/she acknowledged before me tha~ he/she exe~uted .the s:une; t the individual was p~rsonally known to me or provided the followmg proof of IdentIficatIOn: . I IlJ L I r: W J. . WITNESS my hand and official seal in the Co ,200 SUSAN M. CARRIEGOS )Notary Public, Slate of Flonda My comm. expires Dec. 20, 2008 No. DD 380825 '~<-f:9 ~r?u-t~'J d State last aforesaid this --1.Cl day of /~ //C .. CITY OF BOYNTON BEACH, FLORIDA ( "'''~'''\ Kurt Bressner, City Manager - A TrEST: 7fJ.~ ~ 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CER nFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take aCknowledgm5Pts, . personally appeared 7c::./( e Jj,<4/~~ ,City Manager and ~ >>/'-/t~ ,City Clerk respectively, of the City named in the foregoing agr ent 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. W~;SS my hand and official seal in the County and State last aforesaid this 147, , 200~ UC.STATE OF FLORIDA (Notary Seal) N~OTARY PUB Judith A. Pyle Commission # D0421091 Expires: APR. 21, 2009 Bonded Thru Atlantic Bonding Co., ilK ~ dayof Approved as to form: /"" ~2liuiui);2j;t- f(1~r ;1,,( f City Attorney ./ ::- r- t' (j",; ? In,;, v"7{h\c",,,,,, \.,0~A... 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 ~ I/We, ~ r< <j 8, za be--M. T J;~,5hereinafter "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: rJ 0 ,- 4-3 ~- 'f!;~/9- {) / ~() (?Cj - 0 Cf-z- / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall mT Grantee. commence and be in full force and effect on the /0 day of , 20..R,2 and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the /0 day of fYla.. y , in the year two thousand and 0 ~ Sealed and delivered in the presence of Z/ -rid ~/lJtS Printed Owner Name ,,) Oh~S STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /6 day of mtL~, 20M, by Kel i-h 'L .T{)r\.05 and lilt (~~~ I -Tot1.a--:J ,who are known to me or who have produced -D_ ( - U Cf" J\ ~ ' nd who did/did not take an oath My Commission Expires: POAIND SUSAN M. CARRIEGOS I~" ..\ Notary Public, Slate 01 Florida My comm. expires Dec. 20. 2008 No. DO 380825 Palm Beach County Property Apprai ser Property Search System Page 1 of2 .~~fM'~I!:;<q'I~'~J;~~II' Ut~F:\' , "p..onerlv Ap.l.raiser's P\.bllc ACCl;S, S'<s'en 'ljl j f"~~'~ ,I ""t" ., ." "'''. '''' . r. ." I{ . 1 ,~~'4~ e j/; ! 1&" . r i '''''\ ._}~.. r'; :::'~~.. _ , ~ aJ~N~ ~j ;i. .j4~~< ~; ~ l ' / .: r) . " .. f - I~. : r w "'''i~~--'il'l/ r I imlii~ '.i 'j" , ~'-__~C_~~__1i ;Mffi!:~~l ti. i i/i t,,,. " Property Inf4>rmation Location Address: 3849 EDGAR AVE ~ Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: UNINCORPORATED 00-43-45-19-01-009-0421 WEST BOYNTON PLAT 1 03958 Page: 1290 Sale Date: Jun-1983 WEST BOYNTON PLAT 1 W 8.7 FT OF LT 42, LOTS 43,44 a. E 16.7 FT OF LOT 45 BLK 9 Owner Information Name: JONES KEITH R a. EUZABETH ~"""il Mailing Address: 3849 EDGAR AVE BOYNTON BEACH FL 33436 2777 Sales Information Sales Date Book/Page Jun-1983 03958/1290 Price Sille Type Owner $17,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2376 Acres: 0.17 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: ~004 ~OO3 2002 Assessed Value: $92,06 $90,343 88,22 I~-~LJ Exemption Amount: $25,00 $25,00Cl 25,00 Taxable Value: $67,06 $65,343 63,22 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~"-",.,I "'M I 1."~,,,,,.,,,,,".B.Dot.c,,,, -.. 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. Record Search I Information I Exemptions I Community I Employment I New Home Eluyer I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner I [)isclaimer Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA http://www.co.palm-beach.fl.us/papalaspxlweb/detail_info.aspx?p _ entity=0043451901 009... 5/10/2005 E~~/'i+.A L,' - f.'t,Trj,6 I) / (:5 . ,f"~.J,'r.' ,,- ""'! ';','--.,:,,\ ~.''';'_~. ,:,'''. _ . .,.j. , " I .,' ~.", ~. '_~. ~ '..' : ~_\ ;;'.'.:>, >,' ~ t (' ~.." iIo ,- .. ,. , , . ~ ~ '4. .,~ ;1 \~~t -.. i:-:-'; :" :1'::;l "1 ,"1 l" r; '" " , ' . ". . '! \j ; kq:; ~(,! j-S ;,~~;:;r~ ~1'Jd Boynton BOat:l; Fi_ 3'3435 . THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~05 -Olf) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200-, by and between Sfeuefl fA.. + L~I1T\.. Nt '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 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 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 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 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 R day of .;;-- ,200~. ~DIVIDUAL(S) AS OWNER(S): ~ ?J;. ~. ," .... Owner Signature 5f-r-Vt 11 /h. fJn.IC~v Printed Owner Name 'DarlefliD/Ck/ffOVL PriDvT;::e ~ W~tness Signature IdW~(It'S lfMuJt e Printed Witness Name 3 ~ ~ f.'O ~J~~ wner SIgnature k~"" 0'\ fr~ L'e.. nnted Owner Name Witness Sign ture f} ~OUJLttS IUbuJl~ 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 afo~~aid and ... in. the County aforesai1 to take acknowledgments, personally appeared ~ "tV) \ P Y' c<L + fh c.lL..- to me known to be the person(s) described in and who e ecuted 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: WITNESS my hand and official seal in the County and State last aforesaid this / V day of ~otMy~: ~~~~~~ tI ~. '\1"'J Expires October 27 2008 Notary PUD 1(; WITNESS: CkfHE'r< t tJE LU\;-< A fZ-[ON CITY OF BOYNTON BEACH, FI"ORIDA !I~,"~ fJc ,20",\ Kurt Bressner, City Manager &aw ~~ 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'tt.t:r B/f!-5SAJUZ ,CityManagerand :::JA-IJE-T f/~,4IVI'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 d ~ day of /x--r/7 . . ' 2003 . (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA ~7J J1 ~ Judith A. Pyle ~(j';T--/1 -"~_ Commission # DD421~1 Expires: APR. 21, 2009 Bonded 1bru Atlantlc Bonding Co., Inc. Approved as to form:j( . ) ~ t" t '<:IX-Jilt//' !; -/14 ^<'l~. City Attorney ;::> \ ( i J... It-.J(,{\.. 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 /};~n &-/rCA I/We, .}r 'Wt"l 11- i 6<.--- l' L'1 ""- /I-~.~h';reinafter "Gra ntee", 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: co- 'f 3- qS- -fCf ~ o( - 0 {() -- OIl( 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 / tJ day of tnlr1 Grantee. 20{)S and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the to day of ~ ' in the year two thousand and jve...- Sealed and delivered in the presence of ~~-~ "Owner Signature S7~I/-(h /h, Printed Owner Name ~ ,- AI r ..,_ Witness Sign ure Jxu,)~ Print . '- ~ "'^- f~,,-,- Ow e Signature _\-v'-\ h" (Y\.~ ( ~ L~ PrintedJowner Name ~OWIe; STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this 10 day of I1tL~ ,20 () ~ by 5t-eAJt'-Y\ r y ,<:-e...-- and L J~"" l fl{-'L€-- , who are known to me or who have produced , as identification and who did/did not take an oath. IP-~ NOTARY PUBLIC Darl&\c.- 1:>ic..t er(/Y'- Type or Print Name CommissiQn No. My Commission Expires: POAIND ,"'" ~ D Darlene Dickerson ;..~; MyCommiISlOrlD0160883 ~ 0, '" EJCpires October 27 200a Palm Beach County Property Appraiser Property Search System Page 1 of2 _:)j":^;1l::~:, ~!,~Ied, A;(praiur's PublIC Acf'Uf. sys!!l!1 +l'~~", ~ #;;i,,* .rR ><~ ..; r r ~ , l' / } ili ~ ~ " III"" '%, @,d!, ~'ikillb ~l r<'""~q.m....,<< Property Information Location Address: 3802 EDGAR AVE 1~"w.au',%,~"1 Municipality: Parcel Control Number: Subdivision: Official Records Book: le9ilLDes~tlQti()n : UNINCORPORATED 00-43-45-19-01-010-0142 WEST BOYNTON PLAT 1 11183 Page: 1906 Sale Date: Jun-1999 WEST BOYNTON PLAT 1 L T 14 (LESS W 11 FT), L TS 15 & 16, W 18 FT OF LT 17, W 18 FT OF LT 32, LTS 33 & 34 & Owner Information Name: PRICE STEVEN M ~,,~4QwMrs,:.:;J Mailing Address: 3802 EDGAR AVE BOYNTON BEACH FL 33436 2728 Sales Information Sales Date Book/Page Price sah"LT'lPe Owner l ,1& ~AUI!tI~) ",0:"": -. :n '._ Jun-1999 1;L183L:t90~ $170,000 WARRANTY DEED PRICE STEVEN M Nov-1996 !l954S11805 $156,500 WARRANTY DEED Jan-1994 0808~LI.23~ $100 QUIT CLAIM Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2968 Acres: 0.38 U$~Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~~faIII' Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~:I I_k'~' diw9Jtlli"" ",,,,,,:.I ~iB.~ l,dl'BWoulaPrMe&.uJ ~i4h,,;,,&;;j;Jidd,jajk'iiiiWfqjI NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the Fp~-h i+ 4- http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043451901 01 On. 5/16/2005 ... I ! I I I J--------I 1 I 1 in. = 156.0 feet AV~ r . 0201 0010 0041 0081 0111 0141 0171 0211 0241 0021 0051 0091 0010 009 - 0240 0451 0411 0381 0351 0321 0281 0252 25 0231 0201 0131 0132 0050 019 - J~VE I 0201 0010 0041 0080 0111 0141 0171 0211 24 0010 0021 0051 0091 0010 00 0240 0461 0431 0401 0371 0341 0311 0281 0252 ~ 12~ .231 0201 0170 0130 0050 0 r 'I"" I'-M,.. aVI 0201 0010 0040 0010 0100 0130 0160 0190 0220 ~ l4 1tJ241 0030 0060 0090 0010 0 0120 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0050 0 0150 AVE I 0201 0010 0050 0081 0111 0141 0180 0211 .24 0010 0021 0060 0090 0010 00 I I \ 0050 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 01 / 0070 .J>.. aVE ... \ uwu 00(0 UllU 0211 0010 0041 0071 0111 0171 0210 (I l2-4 p0240 0031 I uuu 0010 0 0130 Location Map - 3802 Edgar Avenue (~~ ~.JI Oft~tC~ ('~ ~~"''C> r,:;~,' (.It:''l''l~ ~~t~f ,;~{~ It~~: .;'!.~" t.....' :J ", t '~" ,..-", l' 001 E: [:'("(("/':11;' ~~i'" ';'; ;::>,"j . v,,~,.,jl-~,".., '-';".'. .'".,' ,\. . Boynton Beach, r=1- 33<;35 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 /'/.---...- v1 II' /,"' IF ': I U"~ ,../ ~O5" -015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION J::[GREEMENT made on this day of ,200---, by and between f'/li . LUaJ&er! efl&\. {)J~/der" hereinaftercalledthe"Customer",andtheCITY OF BOYNTON BEACH, a municipal corporation of the State of Flori~ 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 ofits 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 descnOed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -L.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 aU 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 hann:less 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 \ 3 day of 'f"\"~ ' 200 ~ - WITNESS: INDIVIDUAL(S) AS OWNER(S): ftQA? ;17 (/J~ Owner Signature f\ \en \ll '--~GJd I:.2( (7 -~-fi/~hA../for H#~J,(/() Printed Witness Name ~M/l-11- (;~!A-J Printed Owner Name Witness Signature S i/ JA.fil (' 0 (. {. (/\/J' Printed Witness Name 3 !~:l~:~~ 1.~ '-------- ~(If1'-'/Uro Ul'I-;l/;U{) Printed Witness Name ~ ~'?ClZ''- C~11 ~ Witness Signature '\. cSt! j/1 /1/ (0 C L (tV J- Printed Witness Name FOR INDIVIDUAL (S)NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~':u(QJ (~/ct/L_ Owner Signature }.;\ \ tV\Q€ \ \ l)a: \de/ 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 If! i cd.a-c l Lc'i4-tjft,- f/-. LLi!e-- L~) a.t~ 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: flt,{Z/(~ iJR/,'r//'S' L l'{'rr7S~ . . WITNESS my hand and official seal in the County and State last aforesaid this' S t;/.... day of Ill4. j- , 2003 (Notary Seal) b M Madden \\\11/11 Bar ara . ,,~~~ pU/{" C __i.cion # DD125274 ::-<::;'YA:":E~~ Ow.=--" 006 g ~f 11-= ExpireS July 19. 2 ;~'. 'f::E BOnded TbrU ";j"!'lfF f\~~'::- Atlantic Bonding Co., Inc. 'I," 11\\\ WITNESS: C l\.\I-{'2~\NF \k"\\-iAHOf\J ~tnL ~rf ~__.(;,~: L-t.~ At . /It a~t:. Notary Public CIT OF BOYNTON BEACH, FLORIDA ( P'-"'';v ,,,,~, \2.&,-" tx" \2Dr-IS ') Kurt Bressner, City Manager ATTEST: ~1YJ,p~ 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 /"(U.e7 gRr&.5A.Jue- ,CityManagerand j,lftU~r iJ~/,VITO , City Clerk r'espectively, ofthe 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. w~ . SS my h.and and official seal in the County and State last aforesaid this , 20~:- . . . ~ ~ (Notary Seal~OTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission # DD421091 Expires: API. 21, 2009 Bonded Thru Atlandc Bondlnl Co., Inc. Approvedas I~~:h /" ) }/;v/L/' ) !jJ!Vo~ -cq~j- A~fity Attorn y .;<~ day of lu iA. ~J..u- l,.) S 1\ 5 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA 'I COUNTY OF ~" ~ 0.\ 'N"-, & O~C ~ I/We, /11 ,cllar-'; U)& lei f'~ .f- f/I-rl/ t'kl'~ereinafter "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: (J (l .- V 3 - y ) ~ - J C; - ,() ~ - [I [' 6- ['l"~(\ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, iZ< 16 <. day of commence and be in full force and effect on the FLORIDA, shall lhtL) Grantee. , 20o~;-- and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the / -3 ~.::.. )11 a )-.. Sealed and delivered in the presence of ~ A{,~, ,/ itn s I9nature ~CJf()~ j ;'/~ t/J4-AJJJcJ p.ri~ Witness ,".m/;e 'd' __ (frt11^--~~1,( /' Witness Signature day of , in the year two thousand and .~ \ V ~ ~1u:J7 (lJ U,/q/ h Owner Signature u 'cV\o..~ \ (. Ua..\c.~~{" Printed Owner Name <-JI/f/h1/ CoLer /1/J- Printed Witness Name /' ~.~ Signature ~ r'Jl._ . l '~p~~ @/M'/l1{U~ wner Signature /(kJPd 2.\\.e~\&{lr Printed Owner Name "- ,r-;/JA;t/ C-O.c Ul'JJ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of THE FOREGOING INSTRUMENT was acknowledged before me this I J tA day lit k) 20t-"':>-, by fh ; {fu< t / 1- (l/l"n k.'/i/d~' /?. and '~ who are known to me or who have produced F/ ~,te,dt:i L/~/{.ll7/2S I /I~ (",Sas identification and who did/did not take an oath. "'';i~'~;;,,, Barbara M. Madden i~~A-"-;'~;' Commission # DD125274 ~0.\. .l~E Expires July 19,2006 ':.~.~ 'R"':- Bonded Thru "/OFf\<:S,'" "'--' B din "'1/,,'" =uwtic on gCo..Inc. ~.~,;.JTtL.a. IA. /1; ~'&:.~L..... NOTARY PUBLIC My Commission Expires: POAIND Type or Print Name CommissiQn No. Palm Beach County Property Appraiser Property Search System Page 1 of2 _1::;f';.'f;'P:tlf~.f!f,A'~PtaiUrll> Public Access Syslep "~ .~~ -;:'"'$ ~, , '.!ilr", W"V;r r, r:", , {; ,n:~ , Wfu " or." "., 'w , , Property Information location Address: 3667 DORRIT AVE 11M';' JD~fl:",,~,,1 Municipality: Parcel Control Number: Subdivision: Official Records Book: l..e9l'!l~~scripliQI1: UNINCORPORATED 00-43-45-19-02-008-0050 WEST BOYNTON PLAT 2A 14947 Page: 451 Sale Date: Mar-2003 WEST BOYNTON PLAT 2A LTS 5 TO 8 INC s.. LT 22 (LESS E 15 FT) BLK 8 A/K/A AVONDALE PINES UNREC LT 120 Owner Information Name: WALDER MICHAEL s.. Ld~!iI~~t'S'A~rJ Mailing Address: 3667 DORRIT AVE BOYNTON BEACH FL 33436 2741 Sales Information Sales Date Book/Page Price S!:lt~ U'Pe Owner Mar-2003 1<J~4 7 J 451 $169,950 WARRANTY DEED WALDER MICHAEL s.. Sep-2000 12021L21U $136,000 WARRANTY DEED THOMAS ROBYN Jul-1985 0459910959 $87,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2204 Acres: 0.25 JJseJ:~d~: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: ~~'iaIIiI Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: L.l= ~~,<At9JJ!gi~1 L',,"""~*"'M" l~t.j~b~ 1,>:u.9mviouAkeae.1 NOTE, Lowe' the t.p and b....m ma",lns t. 0.2S .n FII~>Pa.e Setup menu .ptl.n In the ~ "hn: 1- it http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043451902008... 5/12/2005 .. 1 1 in. = 140.5 feet I - r 0051 0091 0010 0090 0121 0 pi ~ 0010 0031 0070 0101 0131 0161 0191 0221 0131 0132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 L-- aVI- 0051 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 0170 0130 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 021 .(~.... ....."""a' 'I- 0060 0090 0010 00 0121 0010 0031 0101 0131 0161 0191 0221 0070 ; 0120 ~ 0170 0191 0160 0481 0450 0411 0381 0351 0321 0291 026( 0150 . iT aV!- 0060 0090 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 0131 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 DOlO A' "E I UU9U 0070 I UllU \ U1ZU - 0010 0090 0121 0010 0031 0071 0111 0141 0181 022 0130 Location Map - 3667 Dorrit Avenue ~Q 'Rtf ..:.j . )7 {;i1l ir c~.c;~,,:, ,:,J: ~ 1....1"\ "... H:: C~ ~ ~~ (';H /'~ ~ !" \ ~. '\', r~.) ~ ~~ l.. ..,~: ",t '-<~ :~J).. 1:" ,~." ;;o,,} ',"',,.. -..I~ d rtl C" r~ ,',I'" "" ;'-,,: I'" '-h ;:' 'J,J 'vl f,. .....,.,(1:,.., ,_""~,,I..l \J. THIS INSTRUMENT p~~~tJ}\~trPgy~, F:_ 3~;l~,~:5 James A Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 /'i !C/Ti/$'('/ Ie " 11 ~05-0LS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this _ day of ,200_, by and between M ~lA..e.l ~ &(~~l-.s -pee eZ- . hereinafter called the "Customer", and the CITY BOYNTON EACH, a mUnICIpal corporatIOn ofthe State ofFlonda, 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 / 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 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 I 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 ofthis 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 {j- 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 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.\."Tt\ dayof H ~i ,2002-. ~ .::' ~~mr~ ~l ~ C-.. M\~\)t_t Printed Witness Name M\6U PEREZ Printed Owner Name Lt) z. +203" S- Printed Witness Name 3 /f _r.-'i -- y~ ~at.][. ~ A\..~~o c, n(~t:.\... Prin ,ed Witness Name . BrLG.U I~ 'PEREZ Printed Owner Name LD'Z. 1?0 ~ 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 K \GUr L P~\2.EZ. ct 'E::E\..GU\S 'PE..\<.E.Z to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; ~t the indivwual was personaUy known to ~r provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this 4 itl day of H~d ,200,2: (Notary Seal) c:~ 0. ALBERTO MIQUEL ~ ..A' MY COMMISSION (# 00419197 ~1lFf\.~'" &XPlft6S: -,a.DIlI (<<l1)38Mla ".......,___. WITNESS: G '\I,.{f"'-R i N E ~; ART ="J CIT OF BOYNTON BEACH, FLORIDA ( pv,sJ '" t ~-<, \ ~~V' R'os -(~ ) Kurt Bressner, City Manager ~~~:r A TrEST: ~'!n-~ City Clerk 4 c 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 1r::ui!-r g.usr..v~,CityManagerand :::TIJ-vE-r /11. f!J~//lJI'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 ~ day of ~ .. , ,2003 . (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA a ~A J7J7; ~A L hIlco~~~n :n~~~1 N~~~l~ ~.- ~, , iT' m ., Expll'es' APR. 21, 2009 .Bo. nded[U'.." ...tiC Bondln, Co. Ine. A~OVed ";' to. rIJli <1/ ' // !tv / u~.. 4--r:1- A \Jj.. ity Attorney b -e d ~ lv~V\, 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 t~-l VlA- (S-e4.CA I~, lVl/'6-4€L v- Be/~ Ll';S I~re Z , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish ann~xation by any available means. The real property which is the subject of this power is described as follows: tf () -- 'fJ --tf~5-- /f- {) 2- - () /3-- 0 ?LI! 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()c/1-- day of )11 elf Grantee. 2005' and the powers and authority shall be irrevocable by .y. '{lit IN WITNESS WHEREOF, we have hereunto set our hands and seals the / ' day of )ria:; , in the year two thousand and h ,~ . Sealed and delivered in the presence of j~U!J/TII- It_ I'ljL-~ ^Printed Witness Name .,L/t1j'C t/ C I-- . l'Pnnted Owner Name /' ~6.~,fna'lo- fk - Ju.~ic "- , itness Signature ~<< 12-~'.z fVl- ~Y\~ del't '1 I'J3rinted Witness Name 'I- -;['l{ () / 7 II ):j- Printed Witness Name ,~U- )1-1.' A~v.- Witness Signature &(2 b4(24 Y....., tllt:{dJ~'1 'Printed Witness Name 15wner Signat e / BeL}) (d'S P etz EZ- Printed Owner Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /0 fA day of M (At! , 20 OS, by M, jueL 'I- Be/&uir PereZ-and ( , who are known to me or who have produced r::/oodA L),L - , as identification and who did/did not take an oath. S/VSflN ~-f NOTARY PUBLIC N ' S' II SIT CO G '-'I rv.J' Type or Print Name CommissiQn No. My Commission Expires: POAIND r .or i"s:;;n:~: IN..I; . <I}) eo.....J~lt~: :. . ........: E \~OI~~ Bonded lhru (IOO)eu..uS4E : "I'II""~ Florida Nota Assn : ....:11.. ....................... ~..... .":.':-::'.i Palfl! Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3585 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: l.egClIPescripti9n: UNINCORPORATED 00-43-45-19-02-013-0411 WEST BOYNTON PLAT 2A 03232 Page: 0826 Sale Date: Jan-1980 WEST BOYNTON PLAT 2A LT 41 (LESS E 22 FT), LTS 42, 43 & 44 BLK 13 A/K/A AVONDALE PINES UNREC LT 115 Owner Information Name: PEREZ MIGUEL & BELQUIS ~e""'dW,* I Mailing Address: 3585 DORRIT AVE BOYNTON BEACH FL 33436 2743 Sales Information Sales Date Book/Page Jan-1980 0323:2/0826 Jan-1979 0311810739 Price sale Type Owner $58,900 NO DATA FOUND $9,800 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Assesse an Taxa e a ues Tax Year: 2004 2003 2,O~O 2 Assessed Value: 90.670 588 979 86 894 ~ Exemption Amount: 25.000 525,000 25 000 Taxable Value: 65.670 563,979 61 894 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 d d Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2172 Acres: 0.18 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I ~m"g--.J ~_w"l 1'''liililiiii''i'!~!llllliiJi'ilil''",j;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. Record;;earch I Inforllliltico I EXemptions I Ccmmunity I Employment I New Hcme Buyer I OffjceLocilticPs Va I u<.:! AdjustmentBoard I ;;av<.:!QurJlomes /;;eniorcorner I Qisc:1ilimer -E r"'-:/o ;.+ If http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=00434519020 13 ... 5/10/2005 -t 1 1 in. = 134.9 feet -X .. I r 0091 0010 0090 0121 0 b1 o 0010 0031 0070 0101 0131 0161 0191 0221 0132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 --avl- 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 0130 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 026 ;;R..... D., ,~ 0090 0010 0091 0121 0010 0031 0070 01 0131 0161 0191 0221 - 0120 0 0050 0191 0160 0481 0450 0381 0351 0321 0291 0260 0150 . 0090 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 1)1 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 -';;:J A' VE L W9D 00 70 Ul1U OTZU 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 Location Map - 3585 Dorrit Avenue 9~' ri~1 if > >1 ?i~ ..J IJ"'\..~.":':~ ~ ,,,",," "; .:~ l "...'." ~Y . i:~ ~".\ r~: :; !" ',' ,.f ."....l".~- 1" ~. .... . ". . 'oj' (,:<,;',:..._ ;': 1 (;ij;" p, .' ,.. " .",~ .'.... t';..' ,',:! ;'~", 't !' .vj Boynton 8' r:"':'l"'~: 3' 3'~3~ t" .. :! ~J 0 ,~J i 'l.. ",!,,,) THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 /J je e 7(;) ~/ IV . / ," Roo -0 \5 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THISAGREEMENTmadeonthis_dayof_ .'. , 200_, by and between --l--\A U; 'Vt:NN L.JH'~ LeI2- hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe 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 ,; 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 applicable to the installation and maintenance ofwater 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 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 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. 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 Z.. 7 day of M'VL-- ,2002. - ~d Witness Signature T/lrJAtIJS 0. Cv/lfELee p~ Wimess Name L ~7~ Witness Sign ture INDIVIDUAL(S) AS OWNER(S): ~~ alt~?2w~ Owner Signature 141tLE fJJL+lSLef2.. /bIo1J)h~ J/)JIJ d/4/Jiv- Printed Owner Name "7J1J r2- 0 n -'I;, F e,e K ;hell- Printed Witne s Name 3 ~~ Witness Signature r~lJ1ln fvr w1lEE/51( Printed Witness Name ~d:te ~ 7> I /L<) ~ peK,.t1'hefr Printed Witness ame FOR INDIVIDUAL (S)NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~.~ Owner Signature ~a~~ fIA. t-e lPb-tt$ LBfl- Printed Owner Name /lnh/l;/,I ~ #;4 I~~ 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 A-V\ Y\ ~ Ha \.() W VI ,..;}ro ..r 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 ~personally..l?1lflUTT1wme:or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this Apn l ,20<6 """" Valerie Walton ~'YPI.J" ::. .' ~.' -: Set!l~ission #00217623 :.: . :.~ ExpIres: May 29, 2007 ~;;;~- . . . 'o~~:: Bonded Thru -<~~.':"" Atlantic Bonding Co, loc WITNESS: C' f',."\Hr _12_ \~F l0H~~-T~ ~~~ 2.1 day of VaJJ.ll~ ~JaL~ Notary Public CI OF BOYNTON BEACH, FLORIDA ( 1" ',{ \_P, f" 14Sc-ltA'!\.'~' f\--~' C::;--IS"') Kurt Bressner, City Manager ATTEST: ~ '!rJ. 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 ;tu..e- r I31eESS"v~ , City Manager and JA-I..Ye...r {Jlf!-A.tJJrro , 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 of ""11f-7 ' 200s.- NOTAIlY PUBUC:srATE OF FtOIUD.' (Notary Seal) ~ Judith A. Pyle ~\:..../J Commission # D0421091 ~ Expires: APR. 21, 2009 . Bonded Tbru Atlantic Bonding Co., loCo N Pub it c Approved as to )2Ijt/uc ; A-:\5.f-. City Attorn 5 \r\\,~ It r G-..~ l\. 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 Pa-t~ &<L~k I/W e, f.VfLE t J41..I J../ fNtfJ..s Lef<. , 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: {))-Lf3 -if--c; -1<1-02 - OIl{ - O/~l The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the "2 7 day of ttP{2J L ,20 D <;:,. and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the '2'7 day of A-P (2.-[ L.- , in the year two thousand and 5 , the presence of IU~ Owner Signature Ii () /11 t9 S t r Iv /I t?t:-( E-/f. Printed Witness Name ~~~, itness Signatur IML-LS l.pvtt s VL~ Printed Owner Name :Do fl-G) ~ Fm tZ~ 2;& Witness Signature /hOMII-J Iv. tv/fEEiE/f Printed Witness Name ,,""-' U~av(Jd"~ Owner Signature .&~/J~ A/J dJbj,gi-' nnted Owner Name ~IVUJY> ~o '/mJ~ . Witness Signature Sho.f'6n Ros.Q Fro..}/er Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) 'i- of THE FOREGOING INSTRUMENT was acknowledged before me this --U.- day ~VI \ ,20~, by ~1~'''' A-~ k)vu~lL~ and , wh~ 110wn ~r who have produced , as identification and who did/did not take an oath. ,'''''''/ V al'~llt .V. valton ...."~t>!'.y.p.I.J&I// ~ . g:~~.'t~ Com,mlsslon #00217623 ~~. ~:~: Expires: May 29, 2007 --;;~OF;:';;:"" Bonded Thru ",,,,,,,' Atlantic Bonding Co., Inc My Commission Expires: POA.IND -1tJJ 0 ~ J . u. f{tJ:f7J1L/ NOTARY PUBLIC V(). \1''1 \ e WCl U-oV) Type or Print Name Commissi0n No. DD L II u l ~ Palm Beach County Property Appraiser Property Search System Page 1 of2 eE~7:"I:')~"~" :'\t"ir~"Pts;" '-~' -\ Property Appra,ser s Pl.t.!IC Access S','s'err, ~;~:~~~'~f'':: u : . r ~ " ~ . ,'" . ~ ... " ~ \ . '" ~... ~ N~ 'B, ) ;~^ ':::';;':1~t;:~:"'M~- "-- -~. ~~~-11'1;'..ti Property Information Location Address: 3530 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal Description: ~""',",M,.I UNINCORPORATED 00-43-45-19-02-014-0181 WEST BOYNTON PLAT 2A 08525 Page: 1764 Sale Date: Nov-1994 WEST BOYNTON PLAT 2A IT 18 (lESS W 19 FT), lTS 19,20 a. 21 BlK 14 A/K/A AVONDALE PINES UNREC IT 130 Owner Information Name: WHISLER HALE M a. ANTONINA A Mailing Address: 3530 DORRIT AVE BOYNTON BEACH Fl 33436 2742 Sales Information Sales Date Book/Page Nov-1994 08525/1764 May-1992 07259/1236 Aug-1985 04632/9055 Exemptions ~nl Price SClleType Owner ~....""",,,,,I $93,500 WARRANTY DEED $87,500 WARRANTY DEED $68,500 WARRANTY DEED Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 86,035 84,431 82,452 I,~ Exemption Amount: 25.00Cl 25.000 25.00C Taxable Value: 61.035 59.431 57.452 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 Assessed dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2020 Acres: 0.19 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I ~iJr__-;J ~,,~l 1,......;,.""...'"'"",,1 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/papa/aspx/web/detail_info.aspx?p _ entity=004345 19020 140... 5/9/2005 E~~l;rf A ... ~ 1 in. = 158.3 feet I . I- 0010 0090 0121 0 ~1 00010 0031 0070 0101 0131 0161 0191 0221 - 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 - ~t - .--- 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 - 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 0260 --' "( """]I." ,.-.;;;- - 0010 0091 0121 0010 0031 0070 0101 0131 0161 0191 0221 - >-- 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 e-- ... / I AV1;: -- -= ..-- - 0010 0090 0121 0151 0021 0051 0091 0121 0151 0220 '--- 0050 ~ 0191 0161 0162 0460 0421 0391 0361 0331 0300 0280 0070 I----- A' ,to- ~ I-- ~ I.--- - 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 -- .~'~~"--."7C'",."",,,~~"", __..""n.,.-"'_',,,,_,=" _ _ __ H'_ _"_....~...,~~.",,.;....,_ -'''''',"'''~.'''"',~,-,."",."".-",~,.:._",-"=..."",.",.,,. "", '.~""..":.: '--~,'~ """~~"'_'"'__'_"""~,",:~...." _.";:,!!..""",",:_,,f';'~";'- ~ . - Location '- Map - 3530 Dorrit Ave ~T c . ~~ ~., , 1(.- tr'!A.;t~ , # " '.,.-.i . ',,'" ,'~' . - f" (".... {'.V I"'; f.~rL '." . " " ;:'.;; 't..-' \..,... 1\ ( , i\, !.j;, I"~ . ...' '. ,':t, iC ; l' "-"I:":v~h {;,J"'.--\:t''''''''-" ' 0 i:. r~ .:~~. t'"' i' ',,; ~.'" LJ . t~:: .<.-~t, j1' . ...} ; j" I !.3:vd. f~~.: ~: 1: j::i.. 33435:, / // ;L F Tl./~) /1;/ 'J THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 RDS-OIS' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of , 200~, by and between ;:TOSo y. A,.. j) Y /bJ1ff N~11 ,v~ hereinafter called the "Customer", and the OTY 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 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 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 I v c.~ay of in?'..) ,200S WITNESS: otid-c..htCL AI. ft...Jt:O",,-- Witness Signature f:h~ht<K4 hi' hlt:{c'df;r) Printed Witness Name INDIVIDUAL(S) AS OWNER(S): :J:3 ner Signature Jo..<;.J 'I 1~lJfVr)l)7- Printed Owner Name c>Q(C~-~(~ , Witness Signature c-~ (/-I?;+:'J ~;;~ l,,-)fy /.ie/oAl Printed Witness Name 3 ~"- hi . lh u.-~h,- ..~ 1 Witness Signature r;t( /2 1:){142~ 1'1--). )11 ((del i '1 Printed Witness Name , '1'0 ()~d n J~fC~-"C~_~ Witness Signature C'Ar-J-IeKlrJE (C'flA CiCJ^f 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 t!J take acknowledgments, personally appeared :::JCs,e Y.;t./tl!l--'.4A.//J~,c cuu! VltJicf /.k,c/UA1U/)cc- 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 j) ,IC / (/ C /l __~ c (C t',() S ~_ . ~_ TNESS my hand and off~al seal in the County and State last aforesaid this I {,hI4 day of , U1-1 ' 200,2- (Notary Seal) NOTARY PUBllC.STATE OF FLORIDA ~ Judith A. Pyle Commission'DD421091 Expires: API. 21, 2009 Bonded Thru Atlantic Bondmz C.o. lac. WITNESS: ~{~dl~ / Notary Public ( V L/\I't-\f'R,\1-....\C ~ (\.(2-Tol'...\ CI Y OF BOYNTON BEACH, FLORIDA (I:L'" ve" f'<> (2.-.1< l ~,I'xr I<- OJ (~- ) Kurt Bressner, City Manager J'~~~'~ ATTEST: ~m.~ 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 /t'u.er 6'~S;()t:.Il-,CityManagerand .:;rRA.)E-T ~,e~/AJI,O , CityOerk 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. WIlNESS my hand and official seal in the County and State last aforesaid this Z.~~day of ~ ,20ac (Notary Seal) NO'I'ARYPllBUc.s:r.m OF FLoRIDA ~ ~ ~ Judith ~ Pyle ~ Co~on #DD421091 ary Public ExplJ'es: APR. 21, 2009 BO~"'. Atl8D. d. '....... Co., "'" orm: f ~ C-;9-vi \u~e t ~ON!+ t\j'~~ 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f /I z..tvJ ~tff}cll I/We, JCb~ 1- /Jr/D (4rJlfI i/tJR~ 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: peN 0-0- '-13 - c.;s- -/9 - oj - 00 3 -00/6 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ({0!i. day of ~{ -t"1 , 20~nd the powers and authority shall be irrevocable by Grantee. ( IN WITNESS WHEREOF, we have hereunto set our hands and seals the /O'i1J day of /It ti~1 , in the year two thousand and ~ t/l:-. Sealed id delivered in the presence of " ,--t?--u~..t'-" /~ . /)L?{.~U-~", Witness Signature J {~~l e b~. rZ t:. 1~1. (hCtdd'( ~ Printed Witness Name --- Q> Owner Si~ure :;-o~..r "(. Printed Owner Name ll-nt""~J) cT"L . ~CrffiJ0 Witness Signature CA -It '-if" R I f\..j,;::' l, ') f-/ A C IDA I Printed Witness Name "-P-(,(,v6-ttt~ fit.)1<. C(.tl!-(.~ Witness Signature 66it' IOtl ~4 Ii-). 1114 c.:lct {.., Printed Witness Name ~ oc. Owne" gnalu ~ ~tl\o-t ~(L.l nn~l7.. Printed Owner Name C-)()(f/~(" ~ L. ..u. [b\....J Witness Signature (~:A 7/--1';:(:./ A. Jf; Lul-1l16?-./u N Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /Oo/{,gay of ~.tt~ E; , 20d.L, by ::rose ~ ,,4R-K IV A J1/ tJL- 2- aDd 1(j,te-f- ~ d..N:/~:C:- , who are known to me or0ho have P~~I!~.~~\ FL - j)"rtf/ZXS L/C' ~ , as identifica . take an"oath. / NOTARY PUBUC-STATE OF FLORIDA ~,. Judith A. Pyle .\~.. . Commission # DD421091 , Expires: APR'.21, 2009 EUL,_~t'd Theil AtL::.Ol;C BOl1(hng Co., lnc. My Commission Expires: Ty e or Print Name Commission No. Palm Beach County Property Appraiser Property Search System Page 1 of2 _1'Ml!1!~il{;1fJ"@~t.Ii1f$" <<ttf~IHty AppraitHH's Public Access System ~*;~?~rr~tll;~~r~!~"A ?~' , > 8' ~~ l') ", t;# "'" "'^' ~>&fE:; :~J ;!~ 0:': I ~/ /" f" !~ ~ f' 7 { "'~~_I'.""'t.%i"" , ~i& jg..~;", ,h Property Information Location Address: 3980 COELEBS AVE I,. ,~ laJW~*ffi~1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-003-0010 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 16837 Page: 851 Sale Date: Mar-2004 LE!gal Description: Owner Information Name: HERNANDEZ JOSE Y &. Mailing Address: 3980 COELEBS AVE BOYNTON BEACH FL 33436 2705 Sales Information Sales Date Book/Page Mar-2004 16837/851 Sep-1999 11~6211934 Sep-1996 09516/1598 Price Sale TYPE! br".M@-M,5aIeI""0"\ Owner $10 QUIT CLAIM HERNANDEZ JOSE Y &. $120,000 WARRANTY DEED HERNANDEZ JOSE YAMIR &. W YANET $100 QUIT CLAIM Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 90.371 88.686 86,607 lif....."..~i)l Exemption Amount: 25.000 25.000 25 000 Taxable Value: 65.371 63.686 61 607 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: use Code: 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: 1772 Acres: 0.1925 2002 68 084 31 900 99 984 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I I~~){,I lih"iPji'P6\;;DetaII&_;,ji",.,1 ~~n::";"ful ~..........Fll'Ilt\tw-\;9A.V1"i'iql IjiW6ii&WJb;:;:~PSd:iPW"iii""iil 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. E;(i~~t I:J ~ IJ- http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004345190 1 0030... 5/3/2005 ... 7070 I 7080 I I I L0253_~ 0243 \ I 1 in. = 148.9 feet . ALADD'N AVE i--- ~ 0 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0 -----.J 0431 0401 0361 0331 0301 0271 0240 0451 0411 0381 0351 0321 0 - 00 '1"': , lVt:. /' 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 0 '" 100 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 - / -. I 11... ~I I~AVI;;; '= - 0041 0071 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 0 - ~61 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0311 0331 030 .. AVF 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 0431 0401 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 ~. AV~ 0010 nl 1 0042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 ,-- - 0431 130 ) ~ i Location Map - 3980 Coelebs Avenue I~~ ,i~;~~. J 1~27i,,/)t ;'{, /(.1 Ot;!~r~:r: ,.......,:.;- ,~,:-_"C; -:'~'" t: f,. !,t:'., .... . ~ ~} .' 0; ~; '~ !~~ ~ err~ ,,'."..,' ~: ~ '~'J:;, -;<? ~; 1 J 'II) (, I::: :". ,.., " " .. . , - .... :....~~._,. :~ ' ~ i I. ~ '-, !,/(I . .,. 1- ',' ("' It' 1.:, J'~.. ''jf'''"lf' '3' " . ,- r ~..' Ii.'., I , ';:~Cl. i'_ J3435 THIS INSTRUMENT PRE:P ARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R 05'-Ol:> AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREE~J\T made Of:hiS day of ,200 , by and between -'s'hO-yoY\ 'f(. c,.sdcu'- - 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 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 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 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 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 hann:less 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 q tJtdayof It~ ,2005". - ESS: ~~R(S): , Owner Signature , i7!f()/71J a ;ilL-v Printed Witness Name ~d"l{ ~w-J Witness Signature S'1I4I!fJ,{/ 12. ,(j/f~ Printed Owner Name J{JJI(A/ (~OLtJNJ Printed Witness Name 3 Witness Signature Printed Witness 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 aforesaid and in the ounty aforesaid to take acknowledgments, personally appeared I, ~ 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: F /0 I€ (d k IJ ~ " tJ f / S L J . c t. n s f . WITNESS my hand and official seal in the County and State last aforesaid this 1k.A7- ' 20~:- (Notary ~)tz'''' Barbara M. Madden g~~'~';~Comm.ission # DD125274 ;~.~~~ Expires July 19, 2006 ".,/ OF f\(:JI",~ Bonded Thru "'11/1\'" Atlantic Bonding Co., Inc. (;of,(. tf' day of ~.~.4 -A~~ Notary Public WITNESS: . CITY OF BOYNTON BEACH, FLORIDA ( tl,;'s ' + A -d<{v..f'<'..-. No /20r"-;rj Kurt Bressner, City Manager C~\H~-~ \l'-JE \ (J\-1 Af?-- 1 ON ~~ ~~f A TrEST: 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 1r't{,t r t!LEss,<JC-/t.. , City Manager and ::r AIU L7 /!iCA-o..J I'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 .,2;J....i day of ~. . ,2?<Q, _ (Notary Seal) NOTARY PUBlJC.~ OF FLORIDA ~ Judith A. Pyle Commission # DD421091 Expires: APR. 21, 2009 Bonded Thru Atlande Rondina Co., Inc. Aj7~:(Zt~ r. 2Yt 1 {h' ~t{r As.s.} City Attorney n(~.I,.( ~t\.,-+ lv$i\. 5 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF lei 1m pcp ( Ii l/We, -:5 J-.. /( R l) n {? t ~ s r: h # {2-1- , 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: OCJ -Lf3 -q5" - (q-() I - W3- C071 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 f(. day of li1~ ' 20a5:: and the powers and authority shall be irrevocable by Grantee. alA.. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ...L day of Nt~lL<..f ' in the year two thousand and j2;~ . Sealed and delivered in the presence of .~~ ~ ~~//M ner Signature t. ~~1J/-r1J4 j/1{Lf- I~ff~/II 12 /J~E#/lR:r Printed Witness Name Printed Owner Name ~~ ~(/, Witness Signature J' (;S'ft~J COLLI AI.r Printed Witness Name Witness Signature Owner Signature Printed Owner Name Printed Witness Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) t4<. T~E FOREGOING INSTRUMENT wa. s acknowledged,pefore me this q day of _ , 200~ by SJ'4R.OfJ R, 15 IlS'(' h{i~+ and , who are known to me or who have produced F / /,R,'dA- /J Rt'IIt'k'~.L,'t~s identification and who did/did not take an oath. ~A. ft(~ NOTARY PUBLIC ,"~~~l!"; Barbara M. Madden ff~'i;~1co~on # DD125274 ;.~\ j~g Exprres July 19, 2006 -:.,;;"'~ f\<:It--~ !k'nded.Thru . It"II 1\" A1lantic Bonding Co.. In' Type or Print Name Commission No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3946 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legal Description: Owner Information UNINCORPORATED 00-43-45-19-01-003-0071 WEST BOYNTON PLAT 1 05116 Page: 1002 Sale Date: Dec-1986 WEST BOYNTON PLAT 1 E 8.5 FT OF LT 7, LTS 8 8r. 9 8r. W 24.5 FT OF LT 10 BLK 3 Name: BASEHART SHARON R '-,Mi4L~jjjjki#J Mailing Address: 3946 COELEBS AVE BOYNTON BEACH FL 33436 2705 Sales Information Sales Date Book/Page Dec-1986 051161:1.002 Jul-1982 Q375fiI0691 Jan-1980 03298/1J}28 Price S~le T-Y1Le Owner $76,000 WARRANTY DEED $100 QUIT CLAIM $62,900 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 82,662 81,121 j;79,220 lili~~l Exemption Amount: 25,000 25,000 25,000 Taxable Value: 57.662 ~56,121 ~54,220 Tax Year: Improvement Value: land Value: Total Market Value: Us~ Codg: 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: 1835 Acres: 0.19 Description: RESIDENTIAL * in residential properties may Indicate living area. bl V I 1~.tor:ili11 I-~h"'#'~"_"~;dial ~.\,UI ~L'ii~UIl:l?a_iifujil li0:M! ":b&ifDD~~..,{j:b0ib&_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. -G)G~'~ it * http://www.co.palm-beach.fl.us/papaJaspx/web/detail_ info.aspx?p _ entity=0043451901 0030... 5/9/2005 ... ~70 7080 r 1 \ I \ 1 in. = 146.4 feet I AL6.nDIN AVE 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0171 0431 0401 0361 0331 0301 0271 0240 0451 0411 0381 0351 0321 028 .n,v~ - 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 017 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0 / ~ --S:R...'" A VI- 0010 0041 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 [ .46 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 I -Avr:; 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 01 0431 0401 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 ... -AVE 0010 nl 10042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 01/ ,.....- '"'" 0431 (]30) i Location Map - 3946 Coelebs Avenue - ~~ 'Ftl r1r ",-. ff }...... {{> l .>.:... ~ {2{4 111111111111111 r 11111 m 1111' II 11111111111111111111111 TIllS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN ::;: 0 ll' SQI:,\2)8:: 11 OR BX 1361\2) FG l(~61 RECDRDED 0~1/l ~3/20e5 13: 35: 40 Palm Beach County~ Florida Sharon R. E:ock~ CLERK & COMPTIWLLER Pgs 1061 - 1068~ CBpgs) ROS-.O'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 ;-ER...ENCF lfND PftU/NEG'PtL/4AJC.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 receiviI~g 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 re:presents :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, mat(:rial, 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, JUles 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. fI IN WITNESS WHEREOF, the parties hereto have set their hands and seals this i ~ ~ay of /J (2 ii, 2005". f - INDIVIDUAL(S) AS OWNER(S): ~ p(1:b~ Owner Signature -(~ R tUC-E P, ~k J toJ CrT,,)j Printed Owner Name Jlt 1)/ T If 1- ~t;LE Printed Witness Name 3 ~~~~ Witness Signature -EJ7' . rYk O~ture Cf{\. i\f'_e i ~ E L0\-t t-.. '- T\.'ltJ Printed ;;J;;~ ~ Signature r:fl{!J /7 f/- It (l if L tE:. Printed Witness Name Jp,VrNEe P,t-/fIN4Tt'V Printed Owner Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) WITNES S my hand and official seal in the County and State last aforesaid this C2f/\-J , 200';- ~t~V~f1'I, Barbara M. Madden fm\CommissiOD # DD125274 ;~ ~E Expires July 19, 2006 ..~ i:t'" -:,;#"OF....~~ Bonded Thru "I",,~\\\" Atlantic Bonding Co., Ine. uIi-p..</~ A ,h'l CL~ . Notary Public (Notary Seal) C)~ CITY OF BOYNTON BEACH, FLORIDA ti"'V'R\;Jt.l-1\ -rc:> t"le101.-\A1'cN ~OS-I S' '1 h~ WITNESS: ... ATTEST: JJ>>lC' tL~ 4 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 take acknowle<1gments, personally appeared ~'f<<(l'1. TA~loC/L , Mayor and "1An<t y)1. fecti... it-O , City Clerk respectively, of the Ity named III the foregoing agreement and that they severally acknowledged 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. .,Ii WITNESS my hand and official seal in the County and State last aforesaid this .:l (, ~ay of 'If fGt.i I ,200~ m\\I"'" Barbara M. Madden (N ota~ ..~ Commission # DD125274 :!i 1.:,,= Expires July 19,2006 ~?)"_ .~.~~~....J Bonded Thru ",f,9,~,;~~", Atlantic Bonding Co., Inc. ~1.1k~ Notary Public 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. esquire Joslas & 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 Ff) L, (VI [S g- A-c H IlWe, TlElZrEtJ:::E AND PflJdJEX nL/<JAK:i70M 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: (){) "_ i?J ~ L/5".- /tf - 1.5 / .- 0 t>;).. - ()/ 31 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 /.;:; .J.t..... day of 200S- and the powers and authority shall be irrevocable by Grantee. -C4r IN WITNESS WHEREOF, we have hereunto set our hands and seals the IS day of a ~f , in the year two thousand and f ,'ve . , Sealed and delivered in the presence of \ ~ .,.' ' . . . . ' " -", Witness Signature . ". ) I'"~ " , \ \ I> \; \ \\ (, , I " pfin-?ed Witness ame ~t< W' - .55 Signature 'Y- ::ftA IJ IT # ft. ,fJ'f ~6 Printed Witness Name , ~ Owner Signature ,e-RFYNe& P, t-f<IAJlJ,r,tJ Printed Owner Name ~~ Witness Signature j~ Pr~..~ k Owner Signature ~ Pf}-v',tV tE Pil-k"J4T,W Printed Owner Name '--::/U/J iT Ii . A-. fJ it L--e Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of _ (../C j1E FC?REGOING INSTRUMENT..---was acknowl dged before me this /5 day _ p ~ I ( , 20~ by < .J- a I t' I . I . - and , , who are known to me or who ha produced , as identification and who did/did not take an oath. ","J'p"l, Barbara M. Madden '-~~~"'~~ A. h'L a-?f.tfLt~ ,'" ~1 fJCi'.'" "- 2~.~...~~commission # DD125274 NOTARY PUBLIC ~0.(~J~l Expires July 19. 2006 -:.,.~;-.......,'f!<:'~ Bonded Tbru '<P,~,~~?-" Atlantic Bonding Co., Ine. Type or Print Name Commission No. My Commission Expires: POA.IND . II J I L02531025~ \0243 \ 024211 7080 I I, 023310232 \ \UU.I\ L--_L_~ 1 in. = 151.9 feet AI -AVE I I 1 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0171 0211 0241 002 - 1 0361 0331 0301 0271 0240 0451 0411 0381 0351 0321 0281 0252 25 0231 020 , t..V~ 1 0071 0101 0171 02013 9~'~ r!!!i'.. 0080 0111 0141 0171 0211 ~24 0010 002 If r I~ J ~'~A r" :;.. - -- ". - 111 0381 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0281 0252 0 125 11231 02( S:R~.A.VI 1 0071 0101 0141 0171 0201 0010 0040 D070 0100 0130 0180 0110 0220 0 Z4 11241 00 '11 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 .1 AVE 41 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 0180 0211 24 0010 00 01 0381 0331 0301 0271 0240 0451 0421 0391 0381 0331 0301 0271 0250 0221 ~ AVE 042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 0171 0210 (] ~~ 00240 .-- m30p Location Map (~ ' ~ . ~J ! 1111 11111111111111111 W '1111 r II' 1111111111 II III 1 llll THIS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 201Zl :5GZl:: ~'lB::: 12 ORB K L B 61:l' F [, 1 Q) 5 9 RECORDED li~~)/ 19/ ~:0111::, :.:1:36 ::30 Palm Beach County, F:orida Sharon R. Bock/CLERK & COMPTROLLER Pgs 1069 - 1076; (Bpgs) RDS- 0 1~S- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THk. AGREEMENT maqe on this _ day of ,200_, by and between Mfi..\l..... Wo Z N \ c.....\<.. hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinat1:er 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 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..::. IN W~TNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of a~ ,200 ~ INQIVIDUAL(S) AS 0 ) R(S): itness Signature ,~W\U.eJ F. ~ Printed Witness Name ~ ~~- ,) - ..::>' -~ CZt L /0:( I Witness Signature " Mltv\l LUO~ N\C-Lc Printed Owner Name S.(j..I;1-,lI COe. (.11"; (' Printed Witness Name 3 Witness Signature Printed Witness Name Witness Signature Printed Witness Name FOR INDNIDUAL (S}NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~~~ Wd ~:Q. Owner Signature M~\'t...\Z WDZ y-...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 l'Yl. k LU 0 .C Ie- to me known to be the person(s) described in and 0 executed the foregoing instrument that he/she acknowledged before me tha~ he/she exe~uted .the s~e; th~t the individual ,;as per~onall'y known to me or provided the followmgproofof1dentIficatlOn: /-/cI!ILI/L JJR,V'fK S Li't ~nS ~ . WITNESS my hand and official seal in the County and State last aforesaid this I ").. ~~ay of fl (J !!- / I , 200~ (Notary Seal~'II"'II Barbara M Madden ,,\~V PI./ I, . g ~'?T":i~:. Commission # DD125274 ;~\ 1~E Expires July 19, 2006 -::,-.:...." f;j~$ Bonded lbru "'I9,~I~~\\" Atlantic Bonding Co.. Inc. WITNESS: (I,(X(lX{a ~ ~~vnc' Il~ L/iuv~".d-- I< . /k (i.dt4f Notary Public C OF BOYNTON BEACH, FLORIDA Pv..a.,;; AN"l- 10 ~~W...t'\. (<o;r,s J Kurt Bressner, City Manager ATTEST: ~~c~:m. ~ 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 awl in the County aforesaid to take acknowledgments, personally appeared I< \.l e + .tS (l 'f' 4) (l-( it , City Manager and :.j t:l n e + (1.1, f ~ ; Yl i i--'L, City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged 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 :)(, ~ay of I1fCl. fl. ,200r . (Notary Se~~V~~II, Barbara M. Madden s~.?J;;...'[b':.Commission # DD125274 ;0.\.Ai~.: Expires July 19, 2006 ~~;,",.~.~~.F Bonded Thru " OF f\:,' AI' "'1111\" t antlc Bonding Co., Inc. ~.Ih-~ Notary Public ~z~ ~\'>..j City Attorney';' 5 THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF fa 1m (S etL (h I~ M Ci. IL f:. 00 ~ /7 / 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: L) [)- "-( 3. -- Y --;; - {C; - {J J- () 0 I -- 0 :$ (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 0-- 4lay of fj .J R.. / ( 20 0 ') and the powers and authority shall be irrevocable by , f Grantee. ~ a( IN WITNESS WHEREOF, we have hereunto set our hands and seals the / j II /J fl.,' I , in the year two thousand and r / l/~ , day of Sealed and delivered in the presence of ;~ ()~ ~ . SL~Q, ~e. ~ ~rSignature ~ L~VY\ueJ F, ~ei2 M}\R~ t0C2N ~c-l Printed Witness Name Printed Owner Name ~~aVL{~{/ Witness Signature SUS'!flV ("'O{L I/Vf 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 was acknowledged before me this I") day of t2fJ/Lr'l , 200-;~ by muICk WOpllt'C.k:.. and , - , who are known to m or who have produced F//)~/'c/d.. dR/II -(g'<; /... ,'( trJsras identification and who did/did not take an oath. L~_(V__~~ A.. /k k~L.l&( NOTARY PUBLIC ,,"~'v'~:.!", Barbara M. Madden ~~~OJ...-:'c " : ">/A"';-<:':' Oll1IlllSS1on # DD125274 ~0.:" ,J~E Expires July 19, 2006 -;';;~OF ,\.~~.:- ~nded Thru 111111\1" Atlantic BondIng Co., Inc. Type or Print Name Commissi0n No. My Commission Expires: POA.IND : j ,I I ... i I 0282 0283 ~. 10292 0293 !, I . DODO l "91 "94 ~ r I T ~ 0281 0284 1 in. = 175.0 feet 110 7340 1330 ~: "<''' L....I~ "- 1100 1060 "- -- 0264 0251 0244 02411 ~ 022.t 0221 I 1010 1080 025:1 0252 0243 02~~ 0233 0232 0223 022 .6.1 AOOIN AVE I I 0010 0041 0011 0111 0141 0171 0201 0010 0041 0081 I 0111 0141 0111 0211 0241 0021 0431 ~ltE 0301 0271 0240 0461 0411 0381 0351 0321 0281 0262 26 10231 0201 0010 0041 0011 0101 0131 0171 0201 0010 0041 0080 0111 0141 0111 0211 ~24 0010 0021 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0281 0252 0 ~5 ~231 0201 r .,.... ... L~ AVt 0010 0041 0071 0101 0141 0111 0201 0010 0040 0070 0100 0130 0180 0190 0220 0 p4 \11241 0030 461 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 0211 0260 0221 0190 AVi: 0010 0041 0011 0111 0141 0171 0201 0010 0050 0081 0111 0141 0180 0211 ~24 0010 0021 0431 0401 0361 0331 0301 0211 0240 0461 0421 0391 0381 0331 0301 0211 0260 0221 0191 AVJ; 0010 n. 1 0042 0081 0111 0141.- 0180 0211 0010 0041 0071 0111 0142 0171 0210 0 Z~ P 0240 0031 0431 C30 Location Map - 3947 Sarkis Avenue =~ ~1 r:r" ~- I);;;,~ . g i)}~d ~ ,",) : ~M I' 1III1 i 1\ II !111\ II! II 111111111111111111 ! 1111 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire J osias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 200SQ)~i''JEi:=:116 OR BK 18610 PG 1080 RECORDED 0~iI19/2005 13: 37: 32 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1080 - 1087; (8pgsl ~O5" - 015- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON TJ-IIS AGREEMENT made on this _ day of ,200_, by and between Car / 1-1. of- (;/oria L, r;rp-NvvL hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe 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 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 l 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. IN Wn;NESS WHEREOF, the parties hereto have set their hands and seals this;?, ~~ay of /11arch. ,20Q5. WITNESS: INDIVIDUAL(S) AS OWNER(S): K c: o-vi ly /A cv.~ --'V- Owner Signature A-- 0J1€!;f{.~>>t'~ /(4{J ,,/ () Printed Witness Name' n \J~~tl ~~~ '~s~~ature M ; lie r Printed Witness Name -/ C! A ,e <.. /1 6/2 A H A ty) Printed Owner Name 3 /"1) ~~/? -. , x fv~~ <<c-_ /'U;~~ I Owner Sig11ature y. GLo R j At-, GR.A H A t1 Printed Owner Name "'-. .../ it s Signature ~ . /1; ~ ~ ~~(/i"~//,g- "P'#'O Printed Witness Name ~~n'\C\ m ~ ~:T;:ture ty1 j \ Ie )" 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.. tn the C<?unty. af9-fesai9 to take acknowledgments, personally appeared CClrL ft. tllftl.. (;(ori"" l., (J-r&1..MhA.. 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/tfl, j)n've r '-I c~enJ-Q.... WITNESS my hand and official seal in the County and State last aforesaid this ~day of )11a rc ~ ,2005 (Notary Seal) f 'L' 'MAN' ~:~IJ.i . 0> c:r:::.- I ! 6J~ ....... "'" (IIIC))oe3UH4: .. FloridII Natafy . I................................~.:!~. i ~q~rl~~ Notary Public (~O~ CITY OF BOYNTON BEACH, FLORIDA C~(2S\)~.n- ,0 \2eJO\...1.J\lC.tV Ro~- (l-j hr ATTEST: WITNESS: JI~C' r~~ 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 ,...,!ake aCknOwlef:;ents, personally . appeared .:J fl ~ lolt... , Mayor and ....j" n t+ ;t,. t<." It ,~1-n , 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. WITNESS my hand and official seal in the County and State last aforesaid this fl p cz ; I , 200~ ,\\~',":"II Barbara M. Madden (Notary Seal) ~~~.~;,::~s;'-; Commission # DD125274 ~trJt'1;~ Expires July 19, 2006 -:;.-:?;~.,~.....~~~ Bonded Thru ""/~~,~~~", Atlantic BondIng Co., Inc. c.z:-- ~ {, dayof ~hc.lk-~ Notary Public 5 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 fu(V1;t Bf'Ctch -tfWe, Carl fI, rw.J Clt> ria, L. ;'rdt~)lA, 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: {JtJ+~-Cf~- /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 ta ~ , 20J2..2.' and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the d/l~ day of 11la.. r ch. , in the year two thousand and Fe V ~. Sealed and deliv red in the presence of c::- x (J~ lJ /~o/7 ~ Owner Signature ~ (!AICL /1 C/tA IYA.;Y) Printed Owner Name ( ~,j~ /H A',/~.. )-1#,(/ #y - ~:1~~ame IL~~ Witness Signature \j e \ yY\~ \M r '1 Printed Witness Name /~ // I vY~ .~ f.~./iY.t.- r ~wner Signature , ~,GLor<.JA L. 6 f{ A }~A JV( Printed Owner Name " STATE OF FLORI DA ) ) ss: COUNTY OF PALM BEACH ) r!tr. (tin lie r it(ofttJ't' r THE FOREGOING INSTRUMENT was acJ<nowledQed before m.e this #day 1'Ylarc'-'. , 20 OS, by Ocr/ If. 'f- ~/dYttL L, 6-{CA.~.f1/l1t1. and , who are known to me or who have Droduced , as identification and who did/did not take an oath. ~ <~~,~-/ , NOTARY PUBLIC rl/fA. f ," . It; (J ~ V-Yl/1; (/J L LI -J Type or Print Name Commission No. J 8UIAN c:owt.I 1_1' I _ao_ I :. . .' ....It1/2OC11 . : ~Ofi\.~ IIonded lIwu (1OO)432-42S4i ~...,:;~I~I:~:......~~~a Notary Assn., Inc : . ......... 1111.. "111 ".~ = of My Commission Expires: POA.IND ... 1 in. = 154.3 feet I 0091 0010 0090 0121 0 P1 00010 0031 0070 0101 0131 0161 0191 0221 I I 0132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 AVI 0091 0010 0010 0121 0010 0031 0070 0101 0131 0181 0191 0221 .~/ -... 0130 0050 0191 0481 0450 0411 0381 0351 0321 0280 0260 JU ,.. 0090 0010 0091 0121 0010 0031 0070 0101 0131 0161 0191 0221 0120 0050 0111 0160 0481 0450 0411 0381 0351 0321 0291 0260 0150 L-. II AVIE 0010 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 0132 0191 0161 0162 04&0 0421 0391 0361 0331 0300 0260 0070 A. W'~ VVBU 70 -orro Ul4!U 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 0130 Location Map - 3637 Coelebs Avenue '~~ 'M!P ~t;.p J ~''-3 ,"',,, .... ~. .' r", r' ""1' f'.l . ," ;, " ' . ;:,1 ..< ~n~ , " ,;',,,,< i) t~'''' , l' l '; '.~' E.:. .. .>>., ~;' ;_'1.~'~' t'.~ C 11 ;; .,t"; ~,' -:::-,d ("lj ,., """" l.. ,..C"",,) U.'I"\."Q' CJO}I . THIS INSTRUMENT PREPARED B~i:;f':'>JJ FL. 33435 ' James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 /'-:' Imm~m~G~mumm~m~m~~~~mll jc~ ' : 7i.~/"it. ,l/ /::' CFN 200503.21960 OR BK 18641 PG 0043 . .... . RECORDED OS/25/2005 13: ~)8: 02 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0043 - 51; (9pgs) f\05-0l5 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this __ day of . ,200-, by and between Ihag!i,leri/--e. gOLl.-lctf hereinafter taIled the "Customer", and the CITY BOYNTON 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 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 /. t 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 subjectto 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 othetwise 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 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 W~TNESS WHEREOF)he parties hereto have set their hands and seals this!l-- day of ^A L, ' 2005-. WITNESS: INDIVIDUAL(S) AS OWNER(S): x:.~;4'~":~. A,,~~ o ner Signature .;~ W' Signature , ---------- ---- ." --~ f ~ ~ -' ,/ (k~I/l::Lj/l/f' /-, It/ ~/ d Printed Witness Name v h1 Cl.f'?lJP Y' '/ Te B a ( VL. h Pnnted Owner Name X 42~-l"-_ ~ . fit <<-AI- Witness Signature I 6 t( f. b k {2 t< f1-l. Tvt t<. d d '(' V) Printed Witness Name 3 / Owner Si~e / " Witness Signature / '", Printed Witn~ Name \ Printed,bwner 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 aforesaid and in the County aforesaid to take acknowledgments, personally appeared /Vlarj /Ile r l f-~ 130 I uCh 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 i/t:i.. ;)rwer'J- !/(e/1J €...- .WITNESS my hand and official seal in the County and State last aforesaid this ~ day of rn~ ,20~. (Notary Seal) WITNESS: .........................".".............., : SUSAN COLLINS : ! 0> CcImInI DDQZSI50eS : i ~ 311/2001 : i . ....1hN (8OO)<l32-'254~ : " Flarlda Nol8Iy Assn., Inc : S ...SI............................. ........ .... ~/av~~~J Notary Public CMvtEtzINt- l^\HA~JDN CITY OF BOYNTON BEACH, FJ;.-ORIDA (P~ rv~ ~<W-''1 Kurt Bressner, City Manager ~/.~ )U~ ATTEST: ~'tn.~ 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 !Cu.,/- S,etther , City Manager and J4t.l'\eT frt.t.in~to ,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 ~3 rei. day of OY\~ ' 20a!:. (Notary Seal) Approved as t ?JJ~I~ A~} City Attome rn....u.. """H."."" 11 III.". IlIJI I SUSAN COlI.tNII : i tM\ c:.o::- I : \p&# Bonded Ihru (800)432-4254: : ....."'lff.r..~ Florida NOla/)' Asan., Inc : fo1]:p: ""l....-................................ ~f~ ~~~~~ Notary Public Go l uc ,,, 0.-'5/\ 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 fdlr"rl Beach l/We, f/l;l4.r3uer~ te "[5(11)...(''' , 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: (/'1{)._ Cf~-f -If 5--1 y- () 2 - 0 0/- 0 ;7 0 I The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, (0,/1... FLORIDA, shall commence and be in full force and effect on the ~ day of /~ {UJ ' 20 0 S' and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of -1rl CA.-Y , in the year two thousand and -f/ v~. Sealed and delivere in the presence of ",d ^odt~~r~M:"~ /.~ . 1m 7::!-vt!rP-e r; t e Bo {uc.. ~ )(:Printed 0 ner Name /C ,-/J.-u.,I"'''t'- Jz,. It L tL J, Lc ~... Witness Signature ., l~ t( e b~ k' C<. th. Ih k c~ r\ f" iprinted 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 was acknowledged before me this f- day of rl1'^--V' , 200.5, by ~'Y\c<v~1-L{e rct"i!-- Ec>luc~ and ( - , who are kndwn to me or who have produced P/" t idt, ;). L- . , as identification and who did/did not take an oath. <~~a'1'~ C:~7f ~ NOTARY PUBLIC _ JI/J,,'1/t/ Co L c. I,V,[ Type or Print Name Commissi0n No. My Commission Expires: POA.IND .......................! ...--~' COLLINS : . CaINIIt I)C)ClI85IW' : i _ ___3I112Oll1 : :. ........ .... (100)4324254! : ANn Inc . : f!r .....~.~~............I ~...!lI....... Palin Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3741 BARKIS AVE ,-.",~,.~.I Municipality: Parcel Control Number: Subdivision: Official Records Book: l-egii:lI.Desc::r::iption: UNINCORPORATED 00-43-45-19-02-001-0201 WEST BOYNTON PLAT 2A 18189 Page: 1555 Sale Date: Feb-2005 WEST BOYNTON PLAT 2A LT 20 (LESS E 1 FT), LTS 21, 22 It E 8 FT OF LT 23 BLK 1 A/KIA AVONDALE PINES UNREC Owner Information Name: BOLUCH MARGUERITE TR ~~dl Mailing Address: 3741 BARKIS AVE BOYNTON BEACH FL 33436 2701 Sales Information Sales Date Book/Page Feb-2005 Apr-2001 Mar-1981 18189.11555 12496/2~Z O~47611149 PriceSii:lleTYpe __--.w-l Owner $10 WARRANTY DEED BOLUCH MARGUERITE TR $118,000 WARRANTY DEED BOLUCH MARGUERITE $68,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Senior Over 65 - Countywide $25,000 Widows Exemption $500 Total: $50,500 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: I..IseC:::o.de: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1700 Acres: 0.19 2002 65 867 33 495 99 362 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: ~ ~xk~ It http://www.co.palm-beach.f1.us/papalaspxlweb/detail_info.aspx?p _ entity=004345190200 1 0... 5/9/2005 ~ t. It/v/ti //, ""'~f' t: f! C~f ,..., j ~;j, ~ce 01 ..,1e..I..y ~,..er.( /~'~{"! ::""~ F!,.~.",'''',~ ',',', R"'~ch t,''':~ j I..,. ,y ,..,1 ~ .... ;,) \.) j;' , ~. ~. ' ""~ '.~ ~c...._';;,~ "'[/1\ C .j),..,......, '::"""":-)'y'd I IU t.:.. LUJ'IIl.O,. L'-:.d'ol, '.>1 . Boynton Beach, FL 32A35 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050323975 OR BK 18644 PG 1976 RECORDED OS/26/2005 10:01:46 Palm Beach County, Florida Sharon R. Bock,CLERK & COKeTROLLER Pgs 1976 - 1984; ( 9pgs) --)~ ~- 111111111111111111111111I11111111111111111111111111 . ,-\ , , '.. - R05 -Ct ~ AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION c~, ',' .) -,\:~, :.,..7 d('l :;X: -- .' _J THIS Ay-REEMENT made on this _ day of ,200_, by and between i~(", th k? f. ~ L~'Z L:' b e -It-.. 3, :)"; f\.e " 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 4 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 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 hann:less 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.t:2- day of m UJ.1 ,200.5. L(S) AS OWNER(S): ffi Si L/ TjrJ ( }y4) [j-- Printed Owner Name Printed Witness Name 3 ~~n~ [, 1f'z.4b-e -rL ~T JoY] r' 5 . 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 s . d d in e Co nty foresaid to take acknowledgments, personally appeared , \ t J to me known to be the person(s) described in and who exe ed e foregoing instrument that he/she acknowledged before me tha~ he/she exe~uted .the s~e; t the individual was p~rsonally known to me or provided the followmg proof ofldenhficatlOn: _ let l~ L/(<e ~J. . SUSAN M. CARRleGO~ )Notary Public. State of Flonda My comm. expires Dec. 20. 2008 No. DO 380825 (' . d State last aforesaid this ---1L2- day of WITNESS my hand and official seal in the Co , 200 ~ CITY OF BOYNTON BEACH, FLORIDA ( ""Tl:;{?;;:.~"\ Kurt Bressner, City Manager .~Lt9 Jw~~'J -- ATTEST: 7rJ.~ ~ 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 Count~ aforesaid to take acknowledgmwt~, personally ~ppeared lc:.i r ~~."i/)VI/'-" , CIty Manager and ~ 1ft '-/ft.-tfA~ , City Clerk respectively, of the City named in the foregoing agr ent 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. W~JSS my hand and official seal in the County and State last aforesaid this 147/ , 200~ UC-STATE OF FLORIDA (Notary Seal) N~otARY PUB Judith A. Pyle Commission II D0421091 Expires: APR. 21, 2009 Bonded TbrU Atlantic Bonding Co., llle ~ dayof vL/ii)Zl:f~ 6L- (/ " Approved as to form: / ') )?v(~i);lLtf.. ]if") ;1s(? City Attorney ~. 2 (\\01 '2;lt k \peih \C\r'-O': '\/vSA" 5 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF~ I/We, ~ (( 4 Ell 2f1 be~ T J;~.5hereinafter "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.-LfJ -- <;-5-/9- {; / ~() eX( - 0 '1-'2- / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall mer Grantee. commence and be in full force and effect on the 10 day of , 20.P.5. and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the /0 day of fYlt1 y , in the year two thousand and 0 t) Sealed and delivered in the presence of E/lft} JJ/lJtS Printed Owner Name o~!E1h9i?AM E (iZ{Pbe~ J'.T0l1~=5 Printed Owner Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /6 day of m tt.~ ' 20.h.5.., by Ie( e I h f...- :T ()7\.0.5 and ~i'(~ ~~K I To~ , who are known to me or who have produced -.D_ ( __ w ce J\ f(" . nd who did/did not take an oath My Commission Expires: POAIND SUSAN M. CARRIEGOS i~'" ..\ Notary Public. State of Florida My comm. expires Dec. 20. 2008 No. DO 380825 Palm Beach County Property Appraiser Property Search System Page 1 of2 : ~0,nf.~:r i1i~~ ! IIPTO erf- Appraislu's P~b!IC Acc€'ss S','S'em %' ,t I.""tt;>tll~j~, ....".' , 'A . . I 'I I "".- ..,.., ~,....." "i,' , ., "" ,.. . '" , "JW 11 ,-, ',"'" I - -- :'- · li.~~ ~tl_!l t ~ii,k.d, ,:1 ' " I Property Information location Address: 3849 EDGAR AVE ~;.f:l18;...J Municipality: Parcel Control Number: Subdivision: Official Records Book: legal Description: UNINCORPORATED 00-43-45-19-01-009-0421 WEST BOYNTON PLAT 1 03958 Page: 1290 Sale Date: Jun-1983 WEST BOYNTON PLAT 1 W 8.7 FT OF LT 42, LOTS 43, 44 a. E 16.7 FT OF LOT 45 BLK 9 Owner Information Name: JONES KEITH R a. ELIZABETH ~;,,~I Mailing Address: 3849 EDGAR AVE BOYNTON BEACH FL 33436 2777 Sales Information Sales Date BooklPage Jun-1983 03958/1290 Price Sale Type Owner $17,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 2004 $107 57 $42 00 $149 575 0100 Description: RESIDENTIAL Tax Year 2004 Number of Units: 1 *Total Square Feet: 2376 Acres: 0.17 * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: I a..~kl Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451901 009... 5/10/2005 6~h-i+.1t ... 1 r AI a.... UN AVF. ------- --~ 1 in. = 140.9 feet 0171 0201 0010 0041 0081 0111 0141 0171 0211 0241 0021 0051 0091 .- - 0271 0240 0451 0411 0381 0351 0321 0281 0252 D2S' 0231 0201 0131 I 0132 ~J .JlVF 0171 0201 0010 0041 0080 0111 0141 0171 0211 ~24' 0010 0021 0051 0091 0271 0240 0461 0431 0401 0371 0341 0311 0281 0252 D 125 tJl231 0201 0170 0130 i ~R~jl.V1- 0171 0201 0010 0040 0070 0100 0130 0160 0190 0220 0 124 11241 0030 0060 0090 0120 0271 0240 0451 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0150 nOlllD'1-A VE 0171 0201 0010 0050 Ir1 0111 0141 0180 0211 I '24 0010 0021 0060 0090 0271 0240 0451 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 AVE 'U09U 0070 -U110 0180 0211 0010 0041 0071 0111 0142 0171 0210 0 2<l 00240 0031 "U'I2U - ~o 0130 I-- l.-- Location Map - 3849 Edgar Avenue - I'~ 'R4 L;j if ;~~ /' Office ~f ~h~ ~Hy C'~"'~ Ie' e7;:/$,(j /t C~ty of ~ S~l.;C h 100 E. G:}jrdO, ;':~a,;h :: !'d, THIS INSTRUMENT pft~~'kBrP-gV~; fl_ 3~,l3!i lames A. Cherot: Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ti II ~IIlIIIIIUm I1III1IIIIII1I CFN 20050323879 OR BK 18644 PG 1519 RECORDED OS/26/2005 09:47:08 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 1519 - 1527; (9pg~J,) -:::"\ .,-( K05-0L5" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this day of ,200 , by and betweefi- M ~lA.d ~ '&(i...il-S: 'Pee eL - _ hereinafter called the "Customer", and th:e~ CITY BOYNTON EACH, a municipal corporation oftlfe 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 I 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 responsible for installation in confonnance with all codes, rules and regulations applicable to the installation and maintenance of water sc~ice lines upon the Customer's premises. 1 \ C'\ -,-i ,~-) ..--1 ':;J ~_ \-;-l -) "t"..:' ;,\(-) :J::: " 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 othelWise 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 (I' 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 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 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\.1"t\ day of H P-t'( , 2002.. ~'S: = ~ . . tur0 f\L~ C M\[$(Uf.t. Printed Witness Name M \6U PEREZ Printed Owner Name L\) z. '+2031\ 50 Printed Witness Name 3 /:' ~ ~ ~ ~ess SigJ1~t1lre . ~lQU I~ 'PEREZ Printed Owner Name J\\..ee~o C . H (&\.J'E.L Prin ed Witness Name I loz 120~ 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 K \GUr L P~\2..EZ d- 'E:t\..sU\S 'PE-REZ 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; 41tat the indivlOual was personally mown to ~r provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this 4 T~ day of Hp..,"'( , 200,5 (Notary Seal) ~'~ ALBERTO MIQUEL .." WZ MY COMMISSION II DD419t97 ~"f\.\)'" EXPIRES: -,.... (-407) M-Ola ............,~ WITNESS: C^ \\{f'-R \ N. EO ~i A KT =1>.1 ~ CI OF BOYNTON BEACH, FLORIDA ( PVIS-' "'-t 16cc\~~ RO~-{l} Kurt Bressner, City Manager J1iUL ~~ ATTEST: ~'trt.~ 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 "kai!.r ~PU,CityManagerand .::T/I--IJt:..-r /11. ;t'J,6f--IItJITO ,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 ~ day of ~.. , ,2?O~:- . (Notary Seal) NOTARYPUBUC-8TATEOFFLoRlDA ~ ~ ~ Judith A. Pyle COn,unissioD #DD421091 N Public ExpIres' APR. 21 2009 Approved as to B~n~'d_~.~.. Ii. C Bondlnr Co.,lne. ) 7 / / ' // / / / hp / / ~/~.. 1--('1- A \.Jj.. ity Attorney b --e i-C (> l0<;1'\, 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 raj M.- g-e4CA , ,. 0 I~, ,Iv1, G-4€L 1- Be/~ u./ ,.r. {ere z , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish ann~xation by any available means. The real property which is the subject of this power is described as follows: tf () -- 1:3 -1f~5'- /f- {} 2- () /3.- 0 cr:-// The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the /{!'-1'1-. day of }1hl( Grantee. ' 20 0 S and the powers and authority shall be irrevocable by ,~,- # IN WITNESS WHEREOF, we have hereunto set our hands and seals the I~ day of fri, ,in the year two thousand andhve..,. Sealed and delivered in the presence of . .. j~t{ VI T IJ It _ /'1 L t:- "'Printed Witness Name Ipfif,'{;, tiC/- nnted Owner Name , ~6.A(,~fnd4- fk - Iu.~tc ~ , itness Signature jJ<<. IL bt" It ~ (vl, V'i\4. dei '( '1 "Printed Witness Name ~ ;:::rL{ () / T II 1/. Printed Witness Name ~7/,iL- h-l' A~#cK.. , Witness Signature ~U2 b 4 (24, (t.,. It I q dd t' '1 XPrinted Witness Name i5wner Signat e /. BeL}) (1/$ P tE{Z EZ- Printed Owner Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ;/I~ THE FOREGOING INSTRUMENT was acknowledged before me this Iv day of M lAV' ,20 oS, by M'.1tteL'f- Be/&uir Perez.. and ( , who are known to me or who have produced Ho/'/dA. Z>d~r' , as identification and who did/did not take an oath. S./USflN ~~'-f NOTARY PUBLIC N ' s IISft COLfA rv~ Type or Print Name Commissi0n No. My Commission Expires: POAIND . , -+ 1 1 in. = 134.9 feet r AI ~ r I 0091 0010 0090 0121 0 01 D 0010 0031 0070 0101 0131 0161 0191 0221 0132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 .- AV 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 0130 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 026 .. ~"'l ...H.~ A\ rt- 0090 0010 0091 0121 0010 0031 0070 01 0131 0161 0191 0221 f- 0120 0 0050 0191 0160 0481 0450 0381 0351 0321 0291 I 0260 0150 . AV~ 0090 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 ~1 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 0260 0070 .... A' ~t- L UU~U I I I 00 10 U11U U1;lU 0010 0090 0121 0010 0031 0071 0111 0141 0181 0221 Location Map - 3585 Dorrit Avenue i." >1 >r ~~ Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3585 DORRIT AVE legClIDesc::riptiQn: UNINCORPORATED 00-43-45-19-02-013-0411 WEST BOYNTON PLAT 2A 03232 Page: 0826 Sale Date: Jan-1980 WEST BOYNTON PLAT 2A LT 41 (LESS E 22 FT), LTS 42,43 & 44 BLK 13 A/K/A AVONDALE PINES UNREC LT 115 ~.ft'"".~1 Municipality: Parcel Control Number: Subdivision: Official Records Book: Owner Information Name: PEREZ MIGUEL & BELQUIS Mailing Address: 3585 DORRIT AVE BOYNTON BEACH FL 33436 2743 IJlIII"'JiGllllnlll.i..iiiliiii 1 Sales Information Sales Date Book/Page Jan-1980 0:3232/0826 Jan-1979 03118/0739 Price Sale Type Owner $58,900 NO DATA FOUND $9,800 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: 2172 Acres: 0.18 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. ~ Assesse an Taxa Ie Va ues Tax Year: 2Q004- 2003 2Q02 Assessed Value: 90.670 88.979 $86.894 ~ Exemption Amount: ;25.000 25.000 $25.000 Taxable Value: ;65.670 63.979 $61.894 d d b Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ r....a..~",.... "'.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, Record Searc:h I InfornlatioQ I EXE'fllptions ICommunit:y IElTlploYmE'nt I New HOITlE'!3lJYE'r I Office LocatioQs Value Adjustment Board I Save Our Homes I Senior Corner, Disclaimer . . ..---- ..- -Ey".h :+ If ~~"s-~ ~-."llfuW_""_~"il."",1 http://www.co.palm-beach.f1.us/papaJaspx/web/detail_ info.aspx?p _ entity=00434519020 13... 5/1012005 ~ /\ ,:'T('/.{I' /( /(' OfF~"',4> ,..,1'- ,", ~ .",..... .'"'1, , ... . "'" ".,' '..'or'( C'tHI t: .~... .,~ ' :~ ~T..; ~1 '." .r '''''~~'''''':~J' " . ~ . f . ,;: ';.,t;<, ;.... " 111~mmUlaumlnllll~11111 10C E. 8:. " i> . ;.i,d ., ." ,.',. '\. Be \. T;tor: i3~;1C'1 l~:'! 'J' ':I~ ~;5' J '. j '.' 'J'ToJ THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050323974 OR BK 18644 PG 1967 RECORDED OS/26/2005 10:00:47 Palm Beach County, Florida Sharon R. Bock, CLERK & CO"PT~OLLER Pgs 1967 - 1975; (9pgEJJ. _--:....~ .. / \ -~... -<c.) R 05"-OlS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION t,) THIS AGREE~NT made orhiS _ day of ,200_, by and between. ~O-.voy'{ T2 - ,^S(=1tCL.;~ 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 \Xi 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 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 q I t~( -I ., :J Ci .. --; (:) ::;t: -~:CJ ._:~ r.q ~") ";;.., (11Q ....i- 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 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 q tJt.dayof It~ ,200~. ESS: C; tL itness Signature ~ J::;:Lt;;q::;IS) Owner Signature , [T!l()/7/! a ;ilL-& Printed Witness Name ~tt~ ~rl-J Witness Signature S"1I4;&JAI ~.M~ Printed Owner Name J()JtfN (-OUfAJJ' Printed Witness Name 3 Witness Signature Printed Witness 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 aforesaid and in the ounty aforesaid to take acknowledgments, personally appeared I, t: 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 / (.) Ii I dl!<.. IJ 12 " () f I' s L J ' C 'f' n s f . (,.~ WITNESS my hand and official seal in the County and State last aforesaid this tp day of 1'k..A~ ' 20~:- (Notary ~)~,~ Barbara M. Madden ~ <::)~' Com",;...: :i'!, ~: -.......uon # DD125271 ;~s:: ~f Expires July 19, 2006 -:.,/ OF f\\:)'l',.:- Bonded Thru "'1//1"" Atlantic BondIng Co., Inc. ~.4 -AL~ Notary Public WITNESS: ( ~~~ ?~ B~~I5>~" ~~~-;~, FLORIDA Kurt Bressner, City Manager CA'"\H~~ \r-.JE \ ~H A~ TON ~tPJ(, ~~/ A ITEST: 70 I 7080 ... \ I \ I 1 in. ::: 146.4 feet ~ AL6.nnlN AVE 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 017~ 0431 0401 0361 0331 0301 0271 0240 0451 0411 0381 0351 0321 028 ~ vt:. f-- 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 017 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0311 0341 0311 0 / ir.: -eall;: A ,n;; = 0010 0041 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 [ 146 ~ 0421 0391 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 I -AVE 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 Oil 0431 0401 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 r- AV'" I 0010 nl 10042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 01, r- - 0431 (]30) ~ i Location Map - 3946 Coelebs Avenue vfU :,<~. J t~}/~ J /1_......,,. . i'/ { /.'// /'.' 1(- Offi~.q, ,,~,H~_ .4'\,...., ,-" < C"f. -;....~:>,., .~ . :~., (n::~ H,,\, C_ 'I'., ,; ~-"'''1 ~r . -..'. ~, I. .' .':~ .~;' 1 " ;.iI i;: 1I1~llmlanlllljlllllllll 100 f.. ::t,. '.,' ;" . H '-' ,'.<' c.,.! ~-~ i ','r! Boynton 8E.:}:hll ,-,:! "l~'4<?-" ~ -.. 1 .... '. \.J 'wIw CFN 20050323974 OR BK 18644 PG 1967 RECORDED OS/26/2005 10:00:47 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"pr~OLLER Pgs 1967 - 1975; C9pgeJl _ ~~ , , \ --<. THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 <CJ q R OS-OlS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON I !..I' :J C) -'- ." ,---1 . C) ::1.: r .') THIS AGREE~NT made of his _ day of ,200_, by and between. -S}\Q..vOYl 'f(. IAS~A.r hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". ~:CJ ..'.cr'l (-) ';:-, ; lln -'- 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 \Vater 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 exdusively unless othelWise 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 nold 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 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 q tJt.dayof It~ ' 200 ~. ESS: ~3J%JR(S): C Owner Signature , i7?i'(J /7!J a ;ilL l:~ Printed Witness Name ~tt~( ~VI-./ Witness Signature 5"#,4;(09 ~.4?-~ Printed Owner Name J (JJ;f1t/ (-0 Let IUJ Printed Witness N arne 3 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 ounty aforesaid to take acknowledgments, personally appeared // /1 e 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: J--= / I,) Ii I d.tf<. iJ {2 " () f7 / S L I' C 'f' n s f . WITNESS my hand and official seal in the County and State last aforesaid this l'k-t~ ' 20~:- (Notary ~,~-.. Barbara M. Madden g~~~CoIllIllission # DD125274 ~~~t~ Expires July 19, 2006 "'/OFf\,<I'l',,," Bonded Thru I""""" Atlantic BondIng Co., Inc. (.,K tp day of ~~ h, ')""eu-k Notary Public WITNESS: C Ani r;,.-~ \ r-..j E ~ ~')H Af?- TON . cln OF BOYNTON BEACH, FLORIDA ( ti..v',,, t A J<{lAh:..., No f2or-lf'j Kurt Bressner, City Manager ~~ ~~f 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 1rttL r tfLt'SS,<)C-te... , City Manager and fA IU Ll /l/C.4--I,u I'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 .,2;.$....i day of ~-. , ,2?<Q-,. . (Notary Seal) NOTARY PUBUC.s:r.m: OF FLORIDA ~...// ~ Judith A Pyle /...e4 Commission # D0421091 Expires: APIl. 21, 2009 ary Public i:? ~ Bonded Thru Atlande Rondina Co., Inc. A~7::;;WJ/i r{h~ AsS! City Attorney G{;.,s,c ~t\,+ L,..;$j\ 5 IN WITNESS WHEREOF, we have hereunto set our hands and seals the 9J.A.. day of , in the year two thousand and f!;v--e . Sealed an delivered in the presence of ~mud;;:;af ner Signature t.~,I/~/1I 12 /J&E/I-/l-~ Printed Owner Name I ~-tuf)I/IJ. 4. pl{LL. Printed Witness Name ~tUt. ~(/' Witness Signature J' (; S' ft N Co LI-/ Ai .r 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 ) t4<. ~REGOING INSTRUMENT was acknowledgedAJefore me this q day of , 200~ by SJ/4'R.OIJ R, 15 1l'S"-(' ha/r2+ and , who are known to me or who have produced F / /)1C (dA.. IJ P/or'",~.L(~'1'h!8s identification and who did/did not take an oath. ~hl' ftL~ NOTARY PUBLIC ","'VWp" Barbara M. Madden li:i~ '~Commission # DD125274 ~c!:J j~~ Expires July 19, 2006 ;,~....-.;;: ~~ Bonded Thru ""f,~,~~,," Atlantic Bonding Co., Inc Type or Print Name Commissi0n No. My Commission Expires: POAIND Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3946 COELEBS AVE l....eqClU2.e.~qjp.J:ll>JJ : UNINCORPORATED 00-43-45-19-01-003-0071 WEST BOYNTON PLAT 1 05116 Page: 1002 Sale Date: Dec-1986 WEST BOYNTON PLAT 1 E 8.5 FT OF LT 7, LTS 8 & 9 & W 24.5 FT OF LT 10 BLK 3 ,:: k, ,labt'~tk:k'i!j} Municipality: Parcel Control Number: Subdivision: Official Records Book: Owner Information Name: BASEHART SHARON R Mailing Address: 3946 COELEBS AVE BOYNTON BEACH FL 33436 2705 C~~,J Sales Information Sales Date Book/Page Dec-1986 a.S.l.liU1Q.Q~ Jul-1982 03.156/0691 Jan-1980 Q:l2981192S Price SCik! typ_~ Owner $76,000 WARRANTY DEED $100 QUIT CLAIM $62,900 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use_C.9d.e: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1835 Acres: 0.19 Description: RESIDENTIAL * in residential properties may indicate living area. A r- ssesse an aXa e a ues Tax Year: 2004 2003 2002 Assessed Value: ! 82,662 81,121 79,220 I~~ Exemption Amount: 25,000 25,000 25,000 T "., Taxable Value: . 57,662 56,121 , 54,220 d dT bl V I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~..,.;.J L'i&kXiixi'fOfaltAlh::$b,xiiliilil 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. 1~'Sea~1 ~,.;l?PMliN~~aaett.jl ~if";if' Y'iegq~Qiti;A1(i.11 http://WWw.co.palm-beach.fl.us/PapaJasPX/web/detail_info.aspx?p _ entity=004345190 10030... 519/2005 E)G~~h tt 1t ,~. 70 7080 i I \ I I 1 in. ::: 146.4 feet I I ALADOIN AVE 0010 0041 0071 0111 0141 0171 0201 0010 0041 0081 0111 0141 0171 0431 0401 0381 0331 0301 0271 0240 0451 0411 0381 0351 0321 028 ,. ~vt:. 0010 0041 0071 0101 0131 0171 0201 0010 0041 0080 0111 0141 017 - 0431 0401 0361 0331 0301 0271 0240 0461 0431 0401 0371 0341 0311 0 / lIJ( I .... .-. ~'" A VI 0010 0041 0101 0141 0171 0201 0010 0040 0070 0100 0130 0160 C I 481 042~1 0391 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 I AVE 0010 0041 0071 0111 0141 0171 0201 0010 0050 0081 0111 0141 Oil 0431 0401 0361 0331 0301 0271 0240 0451 0421 0391 0361 0331 0301 r- AVE 0010 n. 10042 0081 0111 0141 0180 0211 0010 0041 0071 0111 0142 01, r- - 0431 (]30) ~ ; Location Map - 3946 Coelebs Avenue - ~ ~,Il r ffG] ~~'JI ~;;p f>lL.ll! It' .~ I' (" ~ ' Off~~~. ~~ ~~~~~ r::;f:~_,' C'~~~:~!'\ ';", ~~~: ;~. -~ ,';~~:~ ~ 1 111111111111111 ~ 111111111111111 m III11I11111111111111 -f'" ; .\' ~--_ t ;;.~.;~ t"",I',J ",I '100 E. 50YPlO'i ., ;r" ;:!:'-'O. Boynton B8acn, ;:1_ 3.>::35 CFN 2005032::3795 OR BK 18644 PG 1380 RECORDED OS/26/2005 09:45:02 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1380 - 1388; (9pgs) TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ~O5' -015 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION MGREEMENT made on this day of ,200--, by and between fV1i' <0 UJa..Jder ~ ~{I-&\ Wa..lder hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flori~ hereinafter called the "City". WHEREAS, Customer owns real property outside of the jwisdictionallimits 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 descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -LR 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 fucilities 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 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 \ 3 day of '\"'\"~ ' 200 ~ - WITNESS: INDIVIDUAL(S) AS OWNER(S): ~<n ;f1 ?I/~ Owner Signature f\ \en \'Yl '---~Q\d I:.2( t? / I I . - ,---------- ~ ~..t(t I ~-: b /L/;'!; ,#;(.J ,(./ () Printed Witness Name :i-:,r0CZ11- (;~~li-J Printed Owner Name Witness Signature S"'i JA,~I {o L {(/V~r Printed Witness Name 3 ~.~e-L<~~ ~.~w " WJ Ignature ------- ~'IPUIU~ H#;l/;UO Printed Witness Name _ ~?Cll'/'- C~~,t1~ Witness Signature '\. c~tjJI1/1/ ({,I (. (. (AI J- Printed Witness Name FOR INDIVIDUAL (S)NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~~ ' i j. '-/~d~t;:J (UcP/ctA-, Owner Signature }.A \ (V\a.€ \ \ Ua: \de( 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 h/ i C~o...L l LC.'i<<.l.j!t<-- 4-. LL&-- LeI a...t.d~~ 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: flt,tZ f(h DR; /; r' ~s ' L, '{' 1" n S ~ . . WITNESS my hand and official seal in the County and State last aforesaid this' 3' ~L day of f)'4 j- , 200~ (Notary Seal) b M Madden """" BaI aIa . ",\~~ PI/X" C _"",<cion # DD125274 ~~~~~-:. o~. :""/ A. ~: ExpireS July 19,2006 :;~\ fgE Bonded nuu -;'~;OF f\~~'':- Atlantic Bonding Co., Inc. "II 11\\' WITNESS: CA\K<2l2...lN.0" ~0,\-tAi2:'iOrJ ~ML~rf ~_-c;,(,-llt.-L~ At ' /J( dcl<.. Notary Public CI OF BOYNTON BEACH, FLORIDA (F\."I\l..., ,,,, ", (2.&~v t.<", \Cor-IS) Kurt Bressner, City Manager ATTEST: ~.P~ 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 ;ra~7 gRr.2.sA)~ ,CityManagerand .:::r/f1U~r 11a-/A/ITO , 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. ~ my hand ,.~~~cial seal in the County and State last aforesaid this .:<3..i day of (Notary Seal)JOTARY PUBllC.STATE OF FLORIDA ~ Judith A. Pyle Commission # D0421091 Expires: API. 21, 2009 Approved as ;1~~tlandC BondAne Co.flne. A:~2~~f4JL~o'#~r (u "'- ,clu- \...J S!\. 5 THIS INSTRUMENT PREPARED BY: James A. Cherat. Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF () Q\ f'0. ~ o~c. ~ I/We, In ic/;a~1 L<-;,& Id ~~ .f- f/I-rl/ t~/(I/~ereinafter "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: f (l .- V .j _ y ') - - I C; - t.1 ~ - [J C 6 - [, l'~('\ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, a. /3 <- day of commence and be in full force and effect on the FLORIDA, shall lhtL'-, / , 200b and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /3 v'::' day of ))/ t<...)-., , in the year two thousand and .-\' \ V ~ Sealed and delivered in the presence of u~. I nature le ~1ud7~J ?tAlk Owner Signature / ~c-q,u~_l ~'/~ );,4-A)J.}d p.ri~ wi~ness ~~;; _ (fr~~4( f Witness Signature W .(J\OJ~_ \ ~ UO--\cl-ev Printed Owner Name <__Ji/ f/I/c/ (0 L- C ( /v'J- Printed Witness Name r1lo._. . ,,,\ <~rC--e~ @~ '1l1 CU~ wner Signature J ~ !'-(..f'7(lL/ d 2\\.f~\&~r Printed Owner Name '- ( G,; J-AN C.oL C( fJI Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of THE FOREGOING INSTRUMENT was acknowledged before me this I J ~ day /h k) 2 Ot-"':;)-, by rh ; {fit:. ~ / 1- (I/t"n k'.rL leI~' /( and ,~who are known to me or who have produced F / ~ /C.ldk cl/c!. / {;J [.?/t?s I //~ (",~as identification and who did/did not take an oath. "'*-~~!!'" Barbara M. Madden /~;A-'~COmmission # DD125274 ~0.\. }~E Expires July 19, 2006 -;";;;''?f ,\.~'.f !k'nded.Thru Ilt,,",\\ Atlantic BondIng Co., Inc. ~"JT~ lit. /11 t:~~~, NOTARY PUBLIC Type or Print Name Commissi0n No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 Property Information location Address: 3667 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: l.,e.gaLDescriQti.911 : ~~M'~~I~t1IQ> ~>,,,J UNINCORPORATED 00-43-45-19-02-008-0050 WEST BOYNTON PLAT 2A 14947 Page: 451 Sale Date: Mar-2003 WEST BOYNTON PLAT 2A LTS 5 TO 8 INC &. LT 22 (LESS E 15 FT) BLK 8 A/K/A AVONDALE PINES UNREC LT 120 Owner Information Name: WALDER MICHAEL &. Mailing Address: 3667 DORRIT AVE BOYNTON BEACH FL 33436 2741 Sales Information Sales Date Book! Page Mar-2003 _:1.49.471.451 Sep-2000U~Z_:LI203 Jul-1985 04S99109.59 Exemptions Price S~leTY'pe Owner $169,950 WARRANTY DEED WALDER MICHAEL &. $136,000 WARRANTY DEED THOMAS ROBYN $87,000 WARRANTY DEED Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: l.I~eC:ode: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2204 Acres: 0.25 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: ~....j l ~~Mhl :::;<bhK>>>",,;->v^"d~M', ' . . t *","clil.~J~.III:;,. ;". """,;;1 l.1I.dt9+~ ~.Aia~1 NOTE, Lowe' the top and bottom ma,,'n. to 0.25 on FII~>Pa.e Setup meno optl~ In the ~Phnt::r_ It http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=004345 1902008 '" 5/12/2005 .' 1 1 1 in. = 140.5 feet I .al 0051 0091 0010 0090 0121 0 p1 ~ 0010 0031 0070 0101 0131 0161 0191 0221 0131 0132 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 L-- AVt- 0051 0091 0010 0090 0121 0010 0031 0070 0101 0131 0161 0191 0221 0170 0130 0050 0191 0160 0481 0450 0411 0381 0351 0321 0280 102 ':OFI I ~A' r~ 0060 0090 0010 00 0121 0010 0031 0070 0101 0131 0161 0191 0221 0120 ~ 0170 0191 0160 0481 0450 0411 0381 0351 0321 0291 026 0150 -AV" 0060 0090 0010 0090 0121 0151 0021 0051 0091 0121 0151 0181 0220 0050 0131 0132 0191 0161 0162 0460 0421 0391 0361 0331 0300 026(] DOlO .... .D. ~... "Uo9o 0070 I u,'U ~ \ -uno - 0010 0090 0121 0010 0031 0071 0111 0141 0181 022 0130 Location Map - 3667 Dorrit Avenue l'ftil //> !~/~' ;-;.:; //. /1..J ./ ,-, O,.~.:;,. /' .', ~ ""., . .", (".;'". . .A ~.. .," '. '. "".. r,"C;! ~ .,~.:~ . ..~~~."....I., #Y. l:.', ~ it 10u' ': r:' '. ".. :.. ' . ''', t... ~ ~..) '"" '.' , , . ' . ~; .: :': ~. .'"'1 ~~\. \ '0 ~. " ...... ".f. - ill... I 'f Boynton Beach, ;::L 3:i435 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 , . ~':~ , 'j: ........ :-./~' ~ III II 11111111 11111111 II 11111111111111 CFN 20050323887 OR BK 18644 PG 1605 RECORDED OS/26/2005 09:49:32 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1605 - 1613~ (9pgs) .~ , -.-\ ..< Roo -0 is AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION .~ . . 1 . c.1 I cr-, . '--. ,~_-J _.')~ THIS AGREE MENTma deonthis_dayof_. . . . ,200_, by and between -l-\A ~ ~;41VAJ L..Jt-/I<;;~ hereinafter called the "Customer", anditi,e CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". " _.,_.~ ~-j~\ ~')> \-'\0 ...J- 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 " 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 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. 1 L The Customer hereby agrees to indemnifY, defend and hold harm:less 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 Z 7 day of MrOi-- ,2002. - ~'d Witness Signature T/IrJ/lfI}J 0. ?vl/fEt~e Pri ted Witness Name INDIVIDUAL(S) AS OWNER(S): ~~ a4~aw~ Owner Signature IMLE (;JL+lSLef2. ;Jdv/JJlJ/t J/)JJ7 d/4/f~ Printed Owner Name '])0 /l. 0 rh. F e;e Ie;he/?- Printed Witne'J Name 3 ~~ IM./~ Owner Signature a~~a~~ Witness Signature T/fcJlJ1fl s fvr &!f fEIg/( Printed Witness Name ~~iY!:te ~ '])D12..Q~ PejC.f'!~ Printed Witness ame J.M.t,t lPbtt$ Li;J(L Printed Owner Name 4h/7;4~ ~41J;~ 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 A-V\ r\ ~ Ha \ -l1 W \11'''~ v- to me known to be the person(s) described in and who executed the foregoing instrument thatJ~e/she acknowledged before me that he/she executed the same; that the individual ~personaUviAftWT1~r provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this -.Apn \ , 20c5 '''''''' Valerie Walton .;,~ ~eaa"'ssion #00217623 ~~:.~;;~ ExpIres: May 29, 2007 "'-:'~i' . . '~l',.:: Bonded Thm ~""~~.'~,,, Atlantic Bonding Co., Inc 2-' dayof 'VCJJ..1))~ V\ J aJ;~ Notary Public WITNESS: C'~THLI2 \ ~F. CIT OF BOYNTON BEACH, FLORIDA ( T) '" \,;C''- 1~ I~sd LA '/'.c.." f\-~' ('~'-(S-) Kurt Bressner, City Manager WIrl ~ ~-TC::oN ~~~ A ITEST: ~~J'\ /) ~.A IIJ. ~ 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 ;f-u.e. r s,eESS"v~ , City Manager and JA-I..Yc...r fJ4/~rro , 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 '71t-y ,200s.- NOTARf PUBUC~STATE OF FLORIDA (Notary Seal) ~ Judith A. Pyle ~ \..fi Commission # DD421091 ~ Expires: APR. 21, 2009 . Bonded Thru Atlantic: Bonding Co.flnc.. N Pubhc v'/21~/d ~\~j-. City Attorn ~\\.,\ ltr G--~l"- 5 THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POVVER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Pa..lVl-\ &<L~~ I/We, I-MLE t /4tJ'IJ l-JtfJ-SLef< , 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: (t)-'-f3 -l{5; - /Cf-OZ- - Ql{ - O/~( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the '2 7 day of ftP/21 L ,20 0 ~ 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 A-Pf2-t L- , in the year two thousand and 5 . the presence of c: Witness Signature ,ll~ Owner Signature il(J /4111 ! ~ r Iv 1/ EJ:-C Ere. Printed Witness Name ~' i~M/l/W' ilness Si';f!!:; IMIA?" l.pi+ts"VL*- Printed Owner Name :Do fU.l ~ Fm fZl'hUJ- ::7;$ Witness Signature -r-hOMfJ-J &. &/fEEIE/( Printed Witness Name v~~ae~~ Owner Signature ~~/J/M/ A/J dJ"t~~ rinted Owner Name ~ !2wOr;khltV7 Witness Signature Sho.f'6 n ~os -4l h-o..}/e (' Printed Witness Name of STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this --.2l- day ~'{' l , 20125::, by .t-\-.Q,J.p +- AXJ'(l l-U\-'u'.;lLr and 4" , whQ- are t<rJo\IVn to' ~r who have produced , as identification and who did/did not take an oath. i- ,,1/1/'1, Val'''ut .W. alton ,"~t!'-.V.~I.JI{'/ ~ . ~:~~. .~:~ Com.mlsslon #00217623 ~~'. "i.l:,,:- Expires; May 29,2007 --';~o;;\.~,- Bonded Thru "'1/111" Atlantic Bonding Co" Inc My Commission Expires: POA./ND -1oJ g t.~, " fA (a.l:fmt- NOTARY PUBLIC V(JJ~V\ e vJo.. \-\--OV1 Type or Print Name Commissi0n No. DD'2- Ilie l ~ - _nu ~~"u '-"V"'U~.Y r IVVClLY ^ppnUSer J:"roperty :Search System Page I of2 m&~i':'f'ir:'J"'r~. ;\ril,,,,'~?o. ...:':.\ Property Appra~ser s PLollC Acr.ess 5'.'sterr, ;:~i4'\.;",...t >l~,">,)" .. . I "!if ' ) '" -..: .... """. .. ~ "'" _ {.., , ..... ... . i'1 , '"',i!,' .. ,_ ~,'t:''t~ ~~~'''~':~k: '~~ - ~ I!>", '.,""",', ' . , ~,<"i1"', ,"W!!!:r.-- -":-~ --, ~g.",... - ,." ~ Property Information Location Address: 3530 DORRIT AVE ~J Municipality: Parcel Control Number: Su bdivision: Official Records Book: Legal Qescription: UNINCORPORATED 00-43-45-19-02-014-0181 WEST BOYNTON PLAT 2A 08525 Page: 1764 Sale Date: Nov-1994 WEST BOYNTON PLAT 2A LT 18 (LESS W 19 FT), LTS 19,20 a. 21 BLK 14 AIKIA AVONDALE PINES UNREC LT 130 Owner Information Name: WHISLER HALE M a. ANTONINA A Mailing Address: 3530 DORRIT AVE BOYNTON BEACH FL 33436 2742 ~,,,,,,,,,,,I Sales Information Sales Date Book/Page Price SaleType Owner Nov-1994 08525/1764 May-1992 0721)9/1236 Aug-1985 04632/0055 $93,500 WARRANTY DEED $87,500 WARRANTY DEED $68,500 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2020 Acres: 0.19 Use Code: 0100 Descri ptio n: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable V I e au s Tax Year: 2004 2003 2002 Assessed Value: 86,035 J84,431 $82,452 ~ Exemption Amount: 25,00(1 ~25,OO(l $25,00Cl Taxable Value: ~61,035 ~59,431 $57,45::1 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ".'"'"~"""h",l 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/papaJaspxiweb/detail_ info.aspx?p _ entity=00434519020 140... 5/9/2005 E~~/; rf it .. . ~ 1 in. = 158.3 feet .- 0010 0090 0121 0 ~1 00010 0031 0070 0101 0131 0161 0191 0221 ~ 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 - -.vi - - I 0121 r 0131 \ 0010 0090 0010 0031 0070 0101 0161 0191 0221 I-- 0050 01.1 0160 0481 0450 0411 0381 0351 0321 0280 0260 ---' 'Ill..... -w~ .0.'- 'to- - 0010 0091 0121 0010 0031 0010 0101 0131 OUI1 01.1 0221 i-- I - 0050 0191 0160 0481 0450 0411 0381 0351 0321 0291 0260 - ... / AVI IliIIIio.. >-- 0010 0090 0121 0151 0021 0051 0091 0121 0151 0220 - 0050 0191 0161 0162 0460 0421 0391 0361 0331 0300 0210 0070 f-- A' liE f-- f-- ,...- ,..-- - 0010 0090 0121 0010 0031 0011 0111 0141 0181 0221 - Location Map - 3530 Dorrit Ave :-:::::.-. (~ 'h) l ifl r.,J! .. .-... T ,-" ..- -.-- ...1..-Jll .-..l& a..-............... 0234 0231 0233 0232 0224 0221 0223 0222 0214 0211 0213 0212 1 in. = 150.4 feet 0254 0251 0253 0252 0244 0241 0243 0242 01 0010 0041 0081 0111 0141 0171 0211 0241 005 0091 Ik 40 0451 0411 0381 0351 0321 0281 0252 25 0231 0131 0132 0010 00 0050 01 01 0010 0041 0080 0111 0141 0171 0211 24 0010 0021 0051 0091 0461 0431 0401 0371 0341 0311 0281 0252 .231 0201 0170 0130 0010 o 0050 01 0010 0040 0070 0100 0130 0180 0190 02200 il241 0030 00110 0090 0120 0421 0391 0361 0331 0301 0271 0250 0221 0190 0170 0451 0150 0010 0050 201 0010 0050 0081 0111 0141 0180 0211 24 0010 0021 0060 0090 40 0451 0421 0391 0361 0331 0301 0271 0250 0221 0191 0131 0132 0010 o 0050 0070 211 0010 0041 0071 0111 0142 0171 0210 0240 0031 0130 0010 Location Map - 3741 Sarkis Avenue