Loading...
R05-015 (3) Office of the City Clerk /&TlJ ,It-tv T6: City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 334Zi TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ! 1II1 ~ 11111111111111111I1111111111111111111 CFl\ 20(2)50352111 OR BK 18710 PG 1726 RECORDED 06/08/2005 12:48:38 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs J726 - 1733; (8pgs> {:\D5 -O\S" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TIllS AGREEMENT made on this /.sf- day of 4u2-, 200_, by and between ~ T~SoY\- here' ercalledthe"Customer",andtheCITY OF 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 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 fonows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as fonows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -L.K. 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 ofPahn 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 tennination 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 tennination 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 <~ ~.d day of Mo..v ,2005. f} - WITNESS: INDIVIDUAL(S) AS OWNER(S): j/~ 1/ f. ;vI; i;j';-.~?,- 11 { v ~ Printed Owner Name <. '721;)/1/-1- 4 /'I~ f- 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 7JYl (-(" ht1 eL !yJ'O tv to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: F I 0 (./ d tA..-D, '-. . WITNESS my hand and official seal in the County and State last aforesaid this ;;( Sf J day of ~J ,2ooJ: (Notary Seal) __'S~av~ ~1/; Notary Public fllll1 IIlIl........................", . IU8AN COLLINS : I (I> CCIIIlI'IIIJ DD02Ie085 : ! ~ 3111200II : i . IonCIed ltlN (800)432....2$4 ~ : 11I,r' FIoIida Notary Assn.. Ine : . ...,.............................. ........... v;t\~ \ ~ ~N BEACH, FLORIDA Kurt Bressner, City Manager Cf(fJ'XJ r~~,' ATTEST: {J::;~' p~ 4 STATE OF FLORIDA ) Palm Beach County Property Appraiser Property Search System Page 1 of2 _n~:'~: f' ,.,\~~ Icd>>iiauv Afinralur's Public Access Sv::;!!W 'W~&&~"""'<<'" " ii~"'" .'" .,:r;;:~ , 3." Ifr:. ! ~ W:-r1f'l%'>~ ,,* ~ '" ~ ~ h~ {i~ll ~ J ~ /' r r 1i1Ii:.~~II"';" ~~~~ It.;rJdiliU8ii; ", . Property Information Location Address: 3816 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: Leg CI Ll2es<:J'i pti QIJ: UNINCORPORATED 00-43-45-19-01-009-0111 WEST BOYNTON PLAT 1 18177 Page: 936 Sale Date: Feb-2005 WEST BOYNTON PLAT 1 E 12.5 FT OF LT 11, LTS 12 & 13 & W 18.75 FT OF LT 14 BLK 9A/K/A WOODBRIDGE UNREC LT Owner Information Name: TYSON MICHAEL L Mailing Address: 3816 DORRIT AVE BOYNTON BEACH FL 33436 2736 Sales Information Sales Date Book! Page Feb-2005 1817119~~ Dec-2000 12}'34L:l.165 Aug-1983Q4Q21IH}.5 Price S~le T~e 1 "i;" ALsa."'F1~iJ Owner $242,000 WARRANTY DEED TYSON MICHAEL L $130,000 WARRANTY DEED KERNS BRIAN D & $17,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use Code: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2152 Acres: 0.19 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: !w~l;""~ L^JaSIS8wrJ L;t!t#")'~0nWAW"">itl 6."'~~!iB_,;;J '-ilB~~-id.;1 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the &~:b,f A http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=004345190 1009... 5/23/2005 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 {/?q ( VVt t.etiC~ l/We, /11 ( ~h DeL II FD rJ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: o J- 1] - tf 5- /9- () 1- 0 () 1- 0 1// The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the eX )({.j day of on Cl-j--' 20 oj. and the powers and authority shall be irrevocable by Grantee. IN11.NESS WHEREOF, we have hereunto set ourh~nds and seals the day of . #.-r ' in the year two thousand and ~. Sealed and deliver1 in the presence of / ....~-- J ~~. ~ ' , " - . - . , ~ - 40.....1'. '... ()o~~ ( .. itnes .~ ii' ~ --=.L /kf-;::f.-IIOE:, H-tf///d - Printed Witness Name ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this c.;(srci day MtA.i ,20 oS, by /1Atc{,aeL 7)/J'(),M and , who are known to me or who have produced r I /) r^vJ A D L-. , as identification and who did/did not take an oath. ~C~~~ NOTARY PUBLIC J~(J.. r ?A. A / J"1 J/V Co L L (IV l' Type or Print Name Commission No. JZ( j) /7-';; H. /ly & E/- \ Printed Witness Name Witness Signature Printed Witness Name Witness Signature Printed Witness Name STATE OF FLORIDA of ..., ..~. ........................., : COlliNS E ."..~\.\~\~1~7:~~~ c..... ~ : f:.r..~ ~ltt1l2OOl i =~.~, '~."M'1thtu~ L.: Off\,\ , ".."", . . '-'''1 Assn..1nc : ................... . ... ......... My Commission Expires: ~ "" ;2/Ad //~ ~erSi - ure . /0 ~ ~ f}; ...../htc1._ I {'J ~.. "J Printed Owner Name Owner Signature Printed Owner Name Office of the City Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 ;te-o/tr/l.l 70'.' IIIIIIIIIIII1 ~ IIII1IIII1 H 1II1I1II1 m 1111111111I 3342J CFN 20050352119 OR BK 18710 PG 1764 RECORDED 06/08/2005 12:49:46 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 1764 - 1771; (8pgs> ~C)5 -DIS- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TIllS AGREEMENT made on this kr d2.y of !il::,J-. ,200 5: by and between ;V1 Or.. r I a..~ e Lowe.- herein r 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 'ZO 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 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 andnold harrri1ess the 'City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject ofthis Agreement. A IN W. ITNES.S WHEREOF, the parties hereto have set their hands and seals this I t.j day of Or! L .,2005 WITNESS: AI, ]~ Witness Signature . A /AthAL/P ~<Iv/ . J~riH~"'t \Vitn"ss ~ame ~.,~/? >') (~J _ ~,- /;// / / . ., ~~.-; ~r7 ,:/'> - / /.:>-/ - ~ , Witness Sign . - l'PnI','SC? Mie. Printed Witness Name INDIVIDUAL(S) AS OWNER(S): )(7e~ Owner Signa e [{)LL.Je mar /~'A-nne Printed Owner Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S)NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared mA r; A-/Jn~ 1.0/ 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 ~as Dersonally known t<) me or provided the following proof of identification: :><... l3; WIT)'IESS my hand and official seal in the Comly and Stale last aforesaid this ~ day of 0/1 C , 2005 (Notary Seal) WITNESS: . J-s<kcx vtJR Kurt Bressner, City Manager i:2~iQ G~~) 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 1((.(;2 T /3.-e ?5Z5~1 F/f'- , City Manager and.J/IA/i" T ,/1/>4/ J(/;'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. jJ1 E. SS . my hand and official seal in the County and State last aforesaid.thiS ({.tL.L-- , 200,?' . . U /7 (Notary Seal) NOTARY PUBliC. STATE OF FLORIDA ~ Judith A. Pyle Commission # DD4210!1 Expires: APR. 21, 2009 AOOJ . All",,,, ...,u., Co..I~ . rz;c 4lblo~ 1t<1, City Attorney /~f- day of 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3928 COELEBS AVE 1..!i%IU~~"m"I!tJ Municipality: Parcel Control Number: Subdivision: Official Records Book: legaL Description: UNINCORPORATED 00-43-45-19-01-003-0101 WEST BOYNTON PLAT 1 03620 Page: 0259 Sale Date: Oct-1981 WEST BOYNTON PLAT 1 E 0.5 FT OF LT 10, LTS 11,12, 13 &. W 4.5 FT OF LT 14 BLK 3 Owner Information Name: LOWE MARIANNE t~'u"AIl~1tffl'rMl Mailing Address: 3928 COELEBS AVE BOYNTON BEACH FL 33436 2705 Sales Information Sales Date Book/Page Oct-1981 Q36A0/02!:i2 Jan-1980 0~~98/Q046 Price Sal~,Iypg Owner $100 QUIT CLAIM $66,500 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: 88 007 ! 86.366 $84.342 Ij#~~~ Exemption Amount: ! 25 000 ! 25.000 $25.000 Taxable Value: 63 007 $61.366 $59.342 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use CJ:>g~: 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: 1890 Acres: 0.18 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I '-Tu4Qt~>1 Ib'db..!kiki<~;# ",,,,...1 ~~.~~ ~4il~-<~iJ 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. 8",_cord_Search I InfQrrnation I EXernptiPllS ICQmrnunity I Erngloyrn",nt I New HfJrne Buyer I Qffu:~ LOl;ati91lS Vaiue /\djustrnent Board I Save OUI",Horr-.es I SeniorC::orner I Dis<:lairn",r ~j~A http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451901 003... 5/2012005 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 oFPALff) !3ef7{~ I~, ff)F7riAnne 1.6LUe.. , 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: W-c.Sf-!3otjlJfcn PL / c.. O,5"i Dr 1-1- It) L1-5' /~ /;), /3 ~ W L/-/~/ oP Lf /4 !7//c3 804345 /9'0/ OOJ O/D/ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of A-p~ . 200::: and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the A day of fipCl' , . in the year two thousand and ,p" v e. Sealed and delivered in the presence of X~q~ Owner Signature mAri-ANJe (~ Printed Owner Name t-kle Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of My Commission Expires: POA.IND t)ff1C~ of the City Clerk b' ~ -- City of 801 fllJfi Beach ~///bf/ it) '. P. O. Box 310 ~~ntoD Beach. Florida .. ~ TillS INSTRUMENT PREPARED BY: J ames A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IIIIIIIIIIOIIIIIIIIIIIIIWIIIIIII CFN 20050352134 OR BK 18710 PG 1825 RECORDED 06/08/2005 12:50:40 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 1825 - 1832; (8pgs> ~t)5-015" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . TInS AGREEMENT puuIe 00 this ....L>L day of ~."-'- , 200 s-; by and between Ch.o..v-l~, N. 1:b~Q ~ .~~t'. 4 f},u~"there' er called the "Customer", and the CITY OF BOYNTON BEA , a mUnICIpal corporatIon of the State of Flonda, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are .L.L 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. to. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this,~ C:> day of "'\\:~ '-- ~I , 200~t:- WITNESS: Yll.L~,JO &h.oQL~ Witness Signature ,( INDIVIDUAL(S) AS OWNER(S): t!~~r- Owner Signafure \-.{t\I~f\ -8.-heVd'( rlQ Printed Witness Name ~=CF Witness Signature ~oRJvrr.~ D~4.5 Printed Owner Name --- I t:' r r t: A ~ ~ C . (( /!)w e.- Printed Witness Name 3 ~~~ 3Ldi ~eJ Printed Witness Name ~.- ~ -L~L- Owner Signature - ~SG<"'" Q. ~o:;;J La. S Printed Owner N ~/ C ~< Witness Signature ~ 0rt:::A C.e c., !<o(.../c::.- 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 '" c \...) to me known to be the person(s) described in and who executed the foregoing ins he acknowledged before me that he/she executed the same; that the individual w ow to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this ';}..0 day of "'~~\. X ,20<5 (Notary Seal) ~~ ~Com~SSion 00308507 'f-j ExpireIApril 07. 2008 WITN1SS: \J~D\ ~ ~ CI~EACH'FLORIDA Kurt Bressner, City Manager CA){L[Lc~ 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(tt1t1 Lf"ez55,A/E;'G , City Manager and ~AJJE-T /~/J/',O/ 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. IfNESS my hand and official seal in the County and State last aforesaid this ,20~ (Not;:: Seal) NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission #D0421091 Expires: APR. 21, 2009 Bonded Thru Atlandc Bondlnl Co., Inc. to form: / .5foay of r M. City Attorney 'o/~{~ 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 _.'L~i:;f:}l~":;:/! ~ro~lut!,.~~praiur's Public Acs€ss Byslen J' "",y*~ ''k; <iO< i"'" .. """ " ,., ~ i 'l ' r; *'; ~;... t ~ r. ~ @ '1 l, <<- "~~twm!lWJJ~,";\I," " ~2..I.-7_~41"ThwE~-":a%G"'_l~~! ~" Property Information Location Address: 3885 EDGAR AVE I"M"'0,)l~",%",,,ul Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-004-0240 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 07826 Page: 1808 Sale Date: Jul-1993 ~Description: Owner Information Name: DOUGLAS CHARLES N & SUSAN A 1,;nli~mJw.,,~,1 Mailing Address: 3885 EDGAR AVE BOYNTON BEACH FL 33436 2777 Sales Information Sales Date Book/Page Price Saltlypg Owner Jul-1993 97f:i~Q1180S $112,500 WARRANTY DEED Dec-1990 O(i68ZLP535 $130,000 WARRANTY DEED Aug-1990 06SA5/0(i73 $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: 2524 Acres: 0.20 UsgCodg: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: I\~I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: I.~J L_M" QllIIL ",,;wuJ L~!lSf~,~ESJJ L *e~IJ~lSIdhJ 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. ~~';M A- http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p _ entity=004345190 1004... 5/20/2005 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 Eas! Commercial Blvd. Suite 200 F1. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF J1Jh\ g~ I/We, C-b(es tJ J},~t-S f S~ Jt. ~b 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 complet~. a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: OO-c.f3-<.{S-{tt-ol- ooLf-02J.fO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the Zok- day of --"'l ~ . 20 O~and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 2lJ TH day of IVV1 '1 , in the year two thousand and S Sealed and delivered in the presence of THE FOREGOING INSTRUMENT was acknowledged before me this 'a 0 day of "~'--~ ' 2ro':.:>, by Q'" . . \\ \. l"' and ~~ L~d\ ~. \S\.\.t:\'-tl~ who ar~ I(now to m or who have produced , as identi~on an W 0 did/did not ta~ oath. "'--~ \:::.'--'-- ,-'('. \: '-... ~\L.. I ~RY PUBLIC v\ ~~'-- '-- \\ "- Type or Print Name Commission No. ~e-~ Witne ignature Ie rredC-e c. ROwe::- Printed Witness Name ~~-~~ Witness Signature /!CJ t:- ~ - 8/t; d Printed Witness Name ~(L( ~ Witne~ignature . ----=tk\C~l. SCt~e\ Printed Witness Name ~ &.AHjA~ Witness Signature Hei ISSA -fLh ~Vdr ('10- Printed Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH ~J\. Dawn PfieI . ~) My Commission 00308507 ~C>>::; Expires April 07. 2008 My Commission Expires: POA.IND c_~ 4_?- Own6r Signature 17 &!:::. C-, NoRM.~,J "bPvbL4~ Printed Owner Name q.~ 5'-1. 5r6 ~ q. 1" CJ " (a. -5 Printed Owner Name J \ ) ) ss: ) Offk:e of the City Clerk . '/!fJZ; J!;fl} ~ : City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 3342i TillS INSTRUMENT PREPARED BY: .. James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1IIIImllllmmllllUINIIII CFN 20050352140 OR BK 18710 PG 1877 RECORDED 06/08/2005 12:51:47 Palm Beach County~ Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 1877 - 1884; (8pgs) Rf>5-ol5" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION /. r day of ~ .200 5-; by and between " herein r called the "Customer", and the CITY OF BOYNTON BEA H, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, 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) 0 0- L-\:) - Y S -- \ ~ - O'~ - 0-0 ~ .- dO \ 0 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 tennination 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 tennination 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 0. lJ , 200 '5 . } - WITNESS: R(S)~ r- J Jj1Lr ' I Printed Owner Nam, -' 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 c.~ <:. ~ \ .' ~ \~~____\ '" ~ h ()~) <;. \( i to me known to be the personCs) described in and 0 executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally"'" known to me or provided the following proof of identification: arr day of WITNESS: \1.0 ~ ~ . ..., ~ ~~~. '{1 tary Public ~NBEACH' FLORIDA Kurt Bressner, City Manager C {)(j)Q~~ ATTEST: ~j; 'In . CIty Clerk p~ STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared t: t.I /l r gf.f55 AI c:~ , City Manager and _7/!-AJz r .1l //1/ All "/0 , 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. TNESS my hand and official seal in the County and State last aforesaid this / ff day of ,t~ , 200~- I (Notary Seal) NOfAlY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission IDD421091 Expires: APR. 21, 2009 IoU'" Tbru Mande Bonding Co., Inc. m~: {};II City Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 Property Information location Address: 3666 DORRIT AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: legal DescrjPtiOJ1: I i \tlA&lP.u;] ~N>>-':N~-'"X~<! '::",' __ - ''''>;x:'',_ UNINCORPORATED 00-43-45-19-02-009-0010 WEST BOYNTON PLAT 2A 08310 Page: 1556 Sale Date: May-1994 WEST BOYNTON PLAT 2A LOTS 1 TO 4 INC BLK 9 A/KI A LOT 121 AVONDALE PINES UNREC Owner Information Name: WOJCIECHOWSKI CECILIA M Mailing Address: 3666 DORRIT AVE BOYNTON BEACH FL 33436 2740 L'"- ,.AIU)Wners..n~1 Sales Information Sales Date Book/Page May-1994 o 83_:to /1. !:i~.~ Apr-1987 05264/11:10 Ma~1981 03475/0940 Price Salg TYRe Owner $110,000 WARRANTY DEED WOJCIECHOWSKI CECILIA M $94,000 WARRANTY DEED $84,900 WARRANTY DEED Exemptions Regular Homestead $25,000 Widows Exemption $500 Total: $25,500 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: U!i~CQde: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2528 Acres: 0.23 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: L,,!t~~^Qltti'LJ l,;~~~.stJ~~l!~1 1_ 9JI1!S ... I i~.J "'oN>';;~";':i"-:X~----- - << C:__~'Mt;:(;;;'~ii:i I~~~,,~~t ~$~ L~g'IBLJ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the E~~ A- http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=0043451902009 ... 5/20/2005 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 j1]Y't-\ iSe~ I/We, &.~, lAJo~e...,tUDu..JSk', hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: OO--lf3-'f:;-fCf-ol-coq - 0010 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the do ~ day of k-~l Grantee. 20 0) and the powers and authority shall be irrevocable by day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the d(S"''- ~ \ , , in the year two thousand and -+ \ ~ \ Sealed and delivered in the presence of t [; ~'L/ Witness Si~ ~~ -rt'-teJSO-{\ 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 ) I~E FOREGOING INSTRUMENT was acknowledg~d before me this cx::r-- day of ~ u , 20 05, by (<2 r \. \'el \J.-.)~ <: \ e. r not . ~\( ,. and \ , who are known to e or who have produced , as identification and who did/did not take an oath. \ ... My Commission Expires: ,,&v~P -;; ~ce of the City Cleft C'{ of Boynton Besch P O. Box 310 fltiyntoo Beach, florida /lllIIm II1III m 1/11 mlmll mill 3342J CFN 20050352153 OR BK 18710 PG 1950 RECORDED 06/08/2005 12:53:09 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 1950 - 195~; (8pgs> TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R05 -O'S AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . . THIS AGREEMENT made on this day of , 200 S: by and between 'D:: va.k (! onJe ~ '~ c herein r called the "Customer", and the CITY OF BOYNTON B :ACH, 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 -LX. 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 :rij~de 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 ofPahn 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. '- ~N WITNESS WHEREO~,;!!e parties hereto have set their hands and seals this ~fctayof ~ ,2002. WITNESS: CKlHf'RJ ~f' i1\Hf\kOtJ Printed Witness Name j)Ef>~eAJJ Printed Owner Name ('\ m,DIVIDUAL(S) AS OWNER(S): ~~~ Owner Signature ~ COR-V~'f- ~~ Witness Signature .:c- j~J/IL'O 3 C~~,(1~ Witness Signature I. , <:'\ . 'i -< J;v'\V\\ \;~\. ~ lO--c;~ Owner Signature ('A'-rHE'RI~ luff A,?T(jN Printed Witness Name --l &- r n (\ Ill. we (') (\_ Printed Owner Name ~~~~~';e (.. Wit~e Ignature . ~;j::/II'(j€, /-(l4-tV t-I d Printed Witness Name 4~~~ , 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, ,th~ County aforesaid t~.. take acknowledgments, personally appeared /)(~l',.:l A/-I Le',K to t ~ ,d.h.f ~"c.A /11 U ,', ,.I to me known to be the person(s) described in ~d who executed the foregoing instrument that he/she acknowledged before me th~t he/she exe:uted. the ~ame; t,~at the indivi~al wa,s p~rsonally kn. o~n to me or provided the followmg proof of IdentificatIon: f.~L t.'~, () It Uj{ It,' {/l S (I (' (' / :s c . \~TNESS my hand and o:~icial seal in the County and State last aforesaid this Zli.A'cr;> -- , 200_. ,_, (Notary seal;NOlARY PllBUC,SfATE Of FLORIDA . 'i:,i}t/7t?g L ~ Judith A. Pyle Notary Public / Commission' DD42t091 Expires: API. 21, 2009 Bonded Thru Atlande Ioll.lnl Ce., IIle. 23~ayof WITNESS: V~C\ t\~ O~~=EACH' FLORIDA Kurt Bressner, City Manager (J{(L(~~CGL%.,u ArrEST: ~m Ity Clerk 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 acknowledgments, personally appeared ,rC:/~7 6Lz..s5~/.('~-,CityManagerand ...711/'/[7 J::?L"/f/A//rCJ , 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. ESS my hand and official seal in the County and State last aforesaid this / sl- day of e-- , 200::? ( (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Co~ssion #DD421091 ExplJ'es: APR. 21, 2009 Bonded Thru Atlantic Bonding Co., Inc. Approved as to form: ~1L f's7; ~ity Attorney 6/Zlt /oS . 5 palm Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3860 ALADDIN AVE 1"r'~D~1 ~>::" '.-',e.' _','0 . .',:l.l::",";,.-.c-- ~ ' Municipality: Parcel Control Number: Subdivision: Official Records Book: Leg~ DE~scription: Owner Information UNINCORPORATED 00-43-45-19-01-006-0010 WEST BOYNTON PLAT 1 13713 Page: 307 Sale Date: May-2002 WEST BOYNTON PLAT 1 LTS 1 TO 3, W 18 FT OF LT 4 &. E 1/2 OF ABNDED HOLT ST LYG W OF &. ADJ THERETO BLK Name: WOOD GINA M &. 1""M~lWj..;J Mailing Address: 3860 ALADDIN AVE BOYNTON BEACH FL 33436 2746 Sales Information Sales Date Book! Page May-2002 13713J302 Mar-1992 071451156!i Jul-1991 g6943Il.U? Price Sa~T.YQe ~~'&W0rJ Owner $127,500 WARRANTY DEED WOOD GINA M &. $100 QUIT CLAIM $100 QUIT CLAIM Exemptions Jtwros - Full Homestead Exempt $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: I.1s_eCode: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1835 Acres: 0.28 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: 1::i~!~.\aJ lJ'g,9&2J,~r J L.J!C!\lte.~~,,~~~,J l..,~'!?~!t!'~".J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the ~xk~ ~/ +- It- http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p _ entity=004345190 1006... 5/23/2005 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 FI. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f1(Jtl SeLL- /f I/We, j){'/;DLC./; c'C/(j/'t->'1 ~~J.. 6.t<-/f )kd, 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: /) C.'..AI/ .. t'1J-/1J -Jlj- /tf-()/-{!Zih - U{J 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 Z3:J-' day of ifk.~(;)/ ,200 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 ~tLJ~ , in the year two thousand and ~ . Sealed and delivered in the presence of z~ (ft-n1FE I ~ Printed Witness Name ~Cm Owner Signature n-u ~blJeA f{ Co~lJG~ Printed Owner Name ~~c..., ~' .,GA-"" ) WI ess ignature / Witn s Signature \~ ../,;/f' . · f,l t.)f:'/,- F'V ,. Printed Witness Name H~.i)(: -/ (~AC~'C~~T~ Witness Signature LA 'fY\ ~J-c/) Owner Signature C,' <'r\-tf"e I~ Printed Witness Name ^" G- I n t'A YYl. LUn-od Printed Owner Name )-(~ft~~() STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) FOREGOING INSTRUMENT was acknowled9-ed before me this Z-?~k'7day of ,?(.,-' - , 20 c.s-: by ))eb"Y'ah [Pie. ....'r'l and (; / ^- l)t )1 u / c.' (> D , who are known to me or who have produced Ac<, f) '1 L I V{'.( 's L Ie ~ <. se,- as id~!'fr1Ic ~~on ian~ ~idl~i5' ~ot take an oath. L~{~tbY1 ~~ ARY PUBLIC NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission # DD421091 Expires: API. 21, 2009 Bonded 11tru Adandc londlDC Co., IDe. . ,/ Type or Print Name Commission No. My Commission Expires: Office of the City Clerk /J City of 8'.1yr:rcn Beach /UvvI6IU 1t7 .~ P. O. F.I :.ilQ Boyntoll Beach. Florida 33425 TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 II~mm~lmlmIIIUIIIIIUIII CFN 20050352156 OR BK 18710 PG 1980 RECORDED 06/08/2005 12:54:08 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 1980 - 1987; (8pgs) ~05-0'S AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . TIllS ~G~E~NT made on this Isr day of ' . ~ , 2oo~ by and between kkc;. . I cJer-~ here' er 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 J4. 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 CGi1stl~Jte a defcise or l)ar to the City's rights as set fo;-fu herem. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the 'City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. , ~WITNESS WHEREOF, the parties hereto have set their hands and seals this 2k~ay of 'if~r ,200~. ,- ~. _:.=WTINESS: ./j.~p )~ 6( ::NID~WNER(S): ..' / Wi Sl ature Owner Signature / ~'!Ff.l/Vr<' ~'(/;J() I t//S '2 /l$'2~ Printed Witness Name Printed Owner Name ~)rl- -:;<a{:1L>~ Witness Signature Cim-re-c /f\:jC LUH-At:Ta...( Printed Witness Name 3 Owner Signature Witness Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S)'NOT ARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Co nty aforesaid to take acknowledgments, personally appeared J-L{ /..5 I t/ ~ K-A- to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me tha~ he/she exe~uted .the s~e; that the individ1WI was personally known to me or provided the followmg proof of IdentIficatIon: ;::2c),Lf () P- /J,K-ti/e..A: ~ L,o!,us .€-, . ~ESS my hand and official seal in the County and State last aforesaid this / '}__- , 200~ (Notary Seal) / . / c;W'~ WY l'UBilC-StATE OF FLORIDA. ~ifZI{( ", N~O Judith A. Pyle ary Public Commission # D0421091 ires: APR. 21, 2009 ded 1b~tlantic lIonding Co., Inc. \~ZJ::q n~ 'z3'-w~ay of C~:=EACH' FLORIDA Kurt Bressner, City Manager Cl (}'G;(~-C~"- ~ . 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 /(et/' T .6~c-""S:-::, ,//2' /2- , City Manager and JJ:! /./'::=-7 ~//!/A// 7" () , 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. ESS my hand and official seal in the County and State last aforesaid this 4rdayof , 200~ NOTARY PUlUJC.STATE OF FLORIDA ~ Judith A. Pyle Commission # DD421091 Expires: APR. 21. 2009 Bonded Thru Atlantic Bonding Co., Inc. (Notary Seal) ~1fL ~City Attorney D/v.u/OS 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 _~ffl!i':~l'lill~~~'iI"i" '~tJhlUt.. A...nraiur's Puhhc Access S>J&fef'l i?:lIfWtt~'Jth*e'* ~'1"'~'tO" 'Y~~, Y J. try f /{u ",t \""TI'''~: W( 1""'" ~ ".:; I:," .f<' r:' t k (", "/ ~~ f '"' r: , >'" c .><~"!' t M" ~ .Jlf\1l0c' , , , ;K<tfuR:Z*",;-;Rt:Loc ':%&1; "''-' Property Information location Address: 3636 ALADDIN AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: ~egal Description: UNINCORPORATED 00-43-45-19-02-006-0121 WEST BOYNTON PLAT 2A 13708 Page: 1049 Sale Date: Apr-2002 WEST BOYNTON PLAT 2A LT 12 (LESS W 7 FT) &: LTS 13 TO 15 BLK 6 A/K/A AVONDALE PINES UNREC LT 68 Owner Information Name: RIVERA LUIS Mailing Address: 3636 ALADDIN AVE BOYNTON BEACH FL 33436 2750 Sales Information Sales Date Bookj Page Apr-2002 :t370JU1.Q49 Aug-2000 11~132J187!:! May-2000 U9S2L187A- Price SaleT-'lPe L~ AIUia~4' w ~'ll Owner $148,000 WARRANTY DEED RIVERA LUIS $113,900 WARRANTY DEED HERNANDEZ OSWALDO &: $10 QUIT CLAIM LEIBOWITZ CRAIG Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use J':(t(le: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1508 Acres: 0.21 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~ Q;"Yi< ,,~,_n '-, -" , L"!'~Ud9!JgJ1!- :J L~,.~~" .-,.1 L,,!~,~~~J~""~~iI0l lJ!~tv!~,,~J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the E~;~~+ A- http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451902006... 5/23/2005 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 fhL frI &Lt'/~ I/We, LL{ / S, iPr ~ e /f.' /f- , 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 al1d complete authority to act on Grantee's beh~lf to accomplish ann~xation by any available means. The real property which is the subject of this power is described as follows: PC)) tft-fJ- LjS-:/r -(J;)- tttt--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 ~ day of ~y . 201'5" 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 '--/Lr . in the year two thousand an~~~ Sealed and delivered in the presence of <....- j-a~ !-U/!/ #0 ~. 2~.~-~ er Sigt)ature ).. &1$ 2u'e~,p Printed Owner Name (J~Qg~ ~~ GTHP~'NE' UJHAt:TC/d Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLOPIDA ) ) ss: COUNTY OF PALM BEACH ) ~FOREGOING INST~UMENT was acknowl~ged before me this ~~~ay of L.L.~u,"1--, 200'; , by L wi 5' ~/(/c:>,.c:: ~ and ,-7' who are known to me or who have produced AvL'"" wve,e1 LICt',<.,,-e,~s identification and~ d~/did t take an oath. NOTARY PUBUC.STATE OF FLORIDA /' '/Lt-l;tJ[J ~ Judith A. Pyle N RY PUBLIC Commission # D0421091 Expires: API. 21, 2009 Bonded Thru Atlandc Bonding Co., Ine. Type or Print Name CommissiGm No. My Commission Expires: POA.IND /7 // ~ ;2:f?7V/b IU /0.' ,? {;!l 1 IUIII III II III II III II III 1111111 11111 111111111111111 " 1:;'';;;' HVI'tO'i OJ>~ ,.t , ,~. 1-. .(JI"i.!H.H~ ,g,: TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 FiDridil 3.~i CFN 200503512188 OR BK 18711 PG 0066 RECORDED 06/08/2005 12:56:43 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 0066 - 73; (8pgs) P-os -ot S- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION S AGREEMENT made on this hr day of , 200 s-: by and between ~ -- here' er called the "Customer", and the CITY OF BOYNTON BEA! H, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. :~::; . NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are H Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used 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 rri~de 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 tennination 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 tennination 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. "-Y?hI ~ WITNESS WHEREOF, _~he parties hereto have set their hands and seals this ~ day of t2j , 200...2:. WITNESS: ;I <7ti 11/1-1 4- Printed Witness Name /'I?& !~S OWNER(S): . /.. ./ ci/ Signature X jVJ, c- il1oc.- 17 ;/ .. ~ Printed Owner Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared /lJl/d,ar:/..- !fcfON 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 ~djvidual was personally known to me or provided the following proof of identification: PI;;; I'/d tJL. /) L . . WITNESS my hand and official seal in the County and State last aforesaid this ~J'f ~ day of In ~ ' 20Q5. (N at ary Seal) p.............................".............. !_~=-- i :.. . .... 3I1J2OQ1 : i ~11ff\.~ Iancled .." (800)432-4254 ~ : "'"n" Florida NOIaty Aasn. fne : .. I',. .................................~...I.: ~~tL1A- (;/JA-J Notary Public WITNESS: veko ~... uYNTON BEACH, FLORIDA ~ Kurt Bressner, City Manager rXJ2 r' l-, _/\(\~\._;) . ATTEST: CfiMDL In - City Clerk ~~ STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared j(tl;? T 6"e[S-5.AJEtt-, City Manager and .:JJfA/?T /,41/ PI 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. SS my hand and official seal in the County and State last aforesaid this /sf- day of ,20Q'; ~ftJtJ, (Not NOTARY PUBUC.STATE OF FWRlDA ~ Judith A. Pyle Commission # DD421091 Expires: APR. 21, 2009 tSC1;T2--;;:~~ [w. City Attorney 5 .Palm Beach County Property Appraiser Property Search System Page 1 of2 _.~;:~Dj!;::~,'f"U~"f~r Ap,r~ilHlf'S PubliC Access Sy&leF1 ~_J" ,$tv?" . Y" AI ,. I dl' ,~'" , , ~~ ,p " '.,; " r .' r ,^.tN';" tm:t 1M " ~"~%;1~,L Property Information location Address: 9180 NICKELS BLV ~jjjj0##~i"Awm~;) Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-02-009-0050 Subdivision: WEST BOYNTON PLAT 2A Official Records Book: 08826 Page: 0666 Sale Date: Jun-1995 l,.ggi3l Description: WEST BOYNTON PLAT 2A LTS 5 & 6 BLK 9 Owner Information Name: TYSON MICHAEL L,,,>r4L-,rs,,,,,,",, I Mailing Address: 9180 NICKELS BLV BOYNTON BEACH FL 33436 2766 Sales Information Sales Date Book/Page Price saleti'Pg Owner Jun-1995 Q882liLO(:j66 $109,400 WARRANTY DEED Jun-1987 0531.21:1117 $85,000 WARRANTY DEED Mar-1985 0449~2:U $1,000 WARRANTY DEED Le:>h""4'Uialel",,w ~'blJ 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: 2544 Acres: 0.12 Use C(>-~: 0100 Descri ption: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 95,266 ! 93,490 91.299 Ij.~I~1 Exemption Amount: 25,000 25.000 25.000 Taxable Value: 70,266 68.490 66 299 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: IjJjJ,JI~tQr:i@] L",w" ~,,,,,,,J lJ!!~,,~,*~JiIU L /p~1lDAa 2aa,J 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. ~yJ~;h,f 4- http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043451902009 ... 5/23/2005 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 Ira flU., t-eacA IIWe; M1c/1aeL Il/S'OuJ I , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: o 0 -tf 3-c.;.5'~ 17- 0 2 - 001- 0 oS The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ ,J.. day of ,Ail av , 20ffi and the powers and authority shall be irrevocable by I Grantee. " IN WITNESS WHEREOF, we have hereunto set our hands and seals theoZ~ ':/l ' g A~-L, day of tLtu1/, in the year two thousand and ~ Sealed a~ delivered in the presence of /Y4/lJ /j () L#== ~ , O~r Sign u~~ y'~ ~. I''lr c.: /-1/1':-(.; 0rc:>/ rinted Owner Name (/ .1 ,..PI 'i 17-"7'<:-v~\...../ , 'J u /J / T I-f- It Pi( L, Z-- 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 ) of THE FOREGOING INSTRUMENT was acknowledged before me this ;;{ srI- day rnt:t~, 200.5, by /l.-1;~l-1aeL TVl'rJt-/ and , who are known to me or who have produced F/o!'f, 'jJ",,--, ;),i, , as identification and who did/did not take an oath. (~a1-A- ~'J NOTARY PUBLlCJ1 ('A- A! ~ rv' . (? ( IJJ1/lV (0 LLIIJ Type or Print Name Commission No. r IUUN CcwNa I .., : ., ConIIllI DOlII2ISOeIt : :. . ~~112008: . -'" . : \"{>OFf\.~ Bonded IIvu (800)432-4254: ~ """fill It"" Florida Notary Assn J. : .. ., ".. ~. ................ .......~.. .'~. ~..~. : My Commission Expires: Office of the City Cler~ /~ - City of Boynton Beach /CP7[;tJlfJ I tJ! P. O. Box 310 Poyntoo Beach, Florida ~ THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IIIIIIIIIIIIII~IIIIIHIIIIII CFN 20050352229 OR BK 18711 PG 0355 RECORDED 06/08/2005 13:09:19 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 0355 - 362; (8pgs) RcS" -0 \ 5" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ~S AGREEMENT~e on this !sf day of ~ .200 .s, by and between Gt(' e..f\ CLL. ~ herein er 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 I, S?' 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 THIS INSTRUMENT PREPARED BY: James A. Chero!, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Y ~\ h\ ~t'~ IlWe, _K'f..QLt-....\ C lJ.l ()n1~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00 - i-3 - Y -; . I ?i -- () .) - () C "7 - 6/,;) 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 2J day of -,"~f..r1 ' 20(lL and the powers and authority shall be irrevocable by \ Grantee. day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the .J '3 /,} lh a t..-} I in the year two thousand and F" \., c . 1/ Sealed and delivered in the presence of ..-,---...... '(~) ~AJ"" Gd/>ttu- Own r Signature rr~p.w I,~U\ ClTT~ Printed Owner Name , ) '?xb--r:<.--<: ignature (~' .. 1. ; ~~~4JJ~J{~/E /llf-If}~() Printed Witness Name _/ /'- /<r> - . .?:s7< I ('t't/l C.6ty:c.-tll Witness Signature /.".- -- . 11 ~ J ," . / ( All ,J {lJ .IV (0 L /. ' Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) S5: COUNTY OF PALM BEACH ) /~-<-~. THE FOREGOING INSTRUMENT was acknowledged before me this .J '3 .' day of (h .(( .....1 ,2(k:? )--- , by ~ U {2 t',1 f U I", ff?~ and ! , who are known to me or who have produced F /L-j?/c:l&<. dl2/" yR'S L, '{fIISf , as identification and who did/did not take an oath. '-ii~1.-'~;it.-<-"~ hI. It l ~CU{~.. NOTARY PUBLIC ,'''J.'.'~/,,-, Barbara M. Madden /j.....~~1;'.:... Commission # DD125274 ~::':':..~j~~ Expires July 19, 2006 "'~,;~&':.;..~:';~'S~...~ Bonded 1bru -"I,;,;;,,' Atlantic Bonding Co., Inc. Type or Print Name Commission No. My Commission Expires: g"/'t/Jt;JC/ -- /0 fJ'tfiee ~I the City Cffl,? at}; of -.,+ ,t'J ;>" , ~ 111611 MilliN Ilmllllllm 1111111 2oJ1il~ J;;.::..J.. i~~ TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050352233 ~R BK 18711 PG 0366 - .--RECORDED 06J08/2005 13:10:09 Palm Beach County~ Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0366 - 373; (8pgs) AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TIllS AGREEMENT made on this..LfL day of ~ ' 200 S' , by and between J1I o..-dc ,4. rltr~~" ~ ~)1t>JOJ'l If. 71uurJ.... herein ercalled the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. _ _._ _ '~::: NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are H. Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used 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. INDMDUAL(S~ OWNER(S): JL~ . Owner Signature ignat fjJ('llr~t41 J IA c CaHV'~y Printed Witness Name / ~N\~~ Witness Signature . ~v...~ N\t-CA~~e(~ Printed Witness Name ~ ~...l ('1. ~ru ~ h, Printed Owner Name 3 . / ~r Printed Witness Name ( U(,j-, lli<- ~ Witness Signature 1Z \1:\'-' fY\~ C~ \~ e ~ Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~~ Owner Signature (\'\ 1tf2.,\t. A 'I\~ 5 t-\ Printed Owner Name I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afor~said and in the County aforesaid to take acknowledgments, personally appeared ,,-S\-.-.o...ro-.- \\-r~ L ~ ~ ~L -fl.... ----r\v-~ 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: - rd WITNESS my hand and official seal in the County and State last aforesaid this c:8 day of ~ ,20<6 , (Not~~~ Scheefer . ~) My CommIsIion DD033278 \;.. ~ expires June 12. 2005 JW1TNF:SS: r. _~~ V~ G~'I ~<-'~ STATE OF FLORIDA ) '- L Il-....lli. \.. ,~(.J., ~ Notary Public 7X;;EACH, FLORIDA Kurt Bressner, City Manager ArrEST: ~lY1. City Clerk 4 ) 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 acknowl~ments, personally appeared /(ClR r /!/Rz5S-// c;./Z , City Manager and .3/JA/c: T ~/ A-J / /0 , City Oerk 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. ~TNESS my hand and official seal in the County and Slate last afuresaid this ,~ , 2oo~ NOTARY PUBUC.STATE OF FLORIDA ~ It (Notary Seal) ~ Judith A. Pyle < Commission' 00421091 A- Expires: API. 21, 2009 Bonded Tbn1 Atlandc Bonding Co., Joe. 4/ day of Approved as to ~ DC},j~ k City Attorney 5 Ilk /95 . 5 P~lm Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3844 BARKIS AVE ~~~-l Municipality: Parcel Control Number: Subdivision: Official Records Book: Legal.Pe$c::ription: UNINCORPORATED 00-43-45-19-01-007-0041 WEST BOYNTON PLAT 1 11817 Page: 898 Sale Date: May-2000 WEST BOYNTON PLAT 1 LT 4 (LESS W 18 FT), LTS 5, 6 & 7 BLK 7 A/K/A AVONDALE PINESUNREC LT 50 Owner Information Name: THRUSH MARK A & r....t-..~.I Mailing Address: 3844 BARKIS AVE BOYNTON BEACH FL 33436 2715 Sales Information Sales Date Book/Page May-2000 May-2000 May-2000 1180~j 423 11804/424 118171898 Exemptions Price SClleIype ~"'''"'.,,,I Owner $10 WARRANTY DEED CORY ARTHUR C II & $10 WARRANTY DEED CORY ARTHUR C II & $106,000 WARRANTY DEED THRUSH MARK A & Year of Exemption: 2005 Regular Homestead $25,000 Iotal: $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: 2109 Acres: 0.19 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: ~ ~ ~m"s_~ ~.~I '~%M.H'.'''''&..';''-..'l NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the ~t\:hlf 4- http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043451901 007... 5/23/2005 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 Yv-lltl\ ~ I/We, ~(. A. Th,f.ASk ~ ~roA A. 7J,,~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 complet~: a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: OO-Cl:5-qS:-/9 --01- 007- ooL{ / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, 23 FLORIDA, shall -1V1~ Grantee. commence and be in full force and effect on the day of 20 oS: and the powers and authority shall be irrevocable by . . IN WITNESS WHEREOF, we have hereunto set our hands and seals the d. 3 --- , in the year two thousand and D ,) day of \fY\O Sealed and delivered in the presence of ib ..lL-Cl~ Owner Signature --' Witness Signa e alJLtl~~ J ;fAcW{V'~Y Printed Witness Name 7 GLh(Y\L~ Witness Signature ~'-~ N\~L~~~~~ Printed Witness Name s ~c..-ro,..J 0.. ~ r..J ~ ~ Printed Owner Name I ness Signatur 1lM\t~~ J Me Printed Witness Name ~ fY\~ ~ Witness Signature \ ~u.:\h 'fY\~CC4*{~ Printed Witness Name ~~ Owner Signature JV\C/"<" 1/......" ~ru~ V\ Printed Owner Name STATE OFFLORIDA ) ) ss: COUNTY OF PALM BEACH ) . ..J THE FOREGOING INSTRUMENT was acknowledged before me this ~ qe,Y of ~ 20~, by S\....o..r~ \ ~j\..... ~t'w\u\..~na \ , who are known to me or who have produced , as identification and who did/did not take an oath. ~.L~--&(~ NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: ~ a\. Michelle SchIefer . .~ . My CommlsIion DOO33276 '\~j Explrea June 12, 2005 111111111111.11111111111111 TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050352235 OR BK 18711 PG 0375 RECORDED 06/08/2005 13:11:02 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 0375 - 382; (8pgs) RDS -01S' AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TIllS AGREE~NT made on this 1N () day of rY-0-~~6r-O-V\f ~ l<.cur~ L iSm~ here' OF BO ON BEACH, a mUnICIpal corporatIon of th "City". / , 2oo..,L, by and between er called the "Customer", and the CITY State of Florida, hereinafter called the WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, 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 orrequirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. ~/ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this -M- day of t\~ ,2005 . SS: INDIVIDUAL(S) AS OWNER(S): - ~4f:! /~1~~ itness i ature ~er Signature ' !yt~~ h. s: fh,-t:ti ~G ~()3~ /~fLveYl t .bJr(t/'yL + Printed Witness Name Printed Owner ame J<JJi Q c" L* Witness Signature r, k:cV\ L. \JVh\tc Printed Witness Name 3 /v 'Y ./ j({:Y\ L V\Jhltc 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 afar said and in t C unty atpres id to take acknow edgments, personally appeared (1Y! d rPr/1 to me known to be the person(s) scribed in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that . e individual was personally known to me or provided the following proof of identification: r ,. e r / ' . WITNESS my hand and official seal in the County and State last aforesaid this ~ day of IV! i ,200S- (Notary . !it- GLENOASUTTERAElD II t: ':..\ MY COMMISSION * DO 166843 . .: I EXPIRES: November 20, 2006 ,.' Bondtd Thru Notary Public UnderNriIe<s WITNESS: (YVUC~\C0-~ C~ OF BOYNTON BEACH, FWRIDA ~~ Kurt Bressner, City Manager ATTEST: t~1a1L tLtei~j .~ 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 acknowledgments, personally appeared 1r.'lf tL 1 15ltZ.S:s,.{/E/2 , City Manager and ~J/J /.Jf T ;#/4/))) 7 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. ITNESS my hand and official seal in the County and State last aforesaid this ~LJ day of ':/~'I.,{.J!__- , 20~ t/ (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle co~on #D0421091 Expl1es: APR. 21, 2009 Bonded Thru Atlantic Bonding Co., Ine. Approved as to fO~J ~(]j G'L ~hjp"~ )\pt. City Attorney , 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 Property Information location Address: 3816 EDGAR AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: "'~al Description: , "~~"'d:el UNINCORPORATED 00-43-45-19-01-010-0111 WEST BOYNTON PLAT 1 05101 Page: 0830 Sale Date: Dec-1986 WEST BOYNTON PL 1 LT 11 (LESS W 4 FT) LTS 12 & 13, W 11 FT OF LTS 14 & 35, LTS 36 & 37, LT 38 (LESS W Owner Information Name: BRANT CRAIG L & KAREN L Mailing Address: 3816 EDGAR AVE BOYNTON BEACH FL 33436 2728 Sales Information Sales Date Book/Page Dec-1986 05l.01/0a~Q Sep-1983 ~'lQ501 Oa&Z Aug-198304~015L1.895 Price Sale Typ~ Owner $151,500 WARRANTY DEED $100 WARRANTY DEED $30,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: ltse Codg: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 2888 Acres: 0.38 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: I.i:~l ~ll10llsi..;;tR+~r.J 1t!;1i~ioJ.t$..;;ea_'0&J1 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. ~A-- http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451901 010... 5/25/2005 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 COUNTYOF ~h /Je~ I/We, ~ ,L. Lf~ / ~ J.. B~ 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: ?"f7 OO~31/5/.9o / () /00// / The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of M~ Grantee. " , 20 ()~ and the powers and authority shall be irrevocable by "I .. IN WITNESS WHEREOF, we have hereunto set our hands and seals the '241h day of J1/Mj , in the year two thousand and S- . Sealed and deliver d in the presence Of, . ~ ~~,.~~ aG- ,/ &I- / ~reV) t. Brtu) f Printed Owner Name 'bAi ~ ~ Witness Signature k-e VI L Yvhl tG Printed Witness Name ./ Printed Witness Name JJo;U ) ~ vJit~ss Signawre kevl' L V'Jn~k Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) FOREGOING INSTRUMENT w~ ac~nowledged ~fore J11e this a L{ day , 2005, by LJ'('~ f~ L - 5....fb..f/\.J- and , who are kno n to me or who have produced , as identification a d w,ho did/ J'd not ta a h. / / / ....~*~f~ GLENDA SUTTERFIELD If'JJ;.\;;. MY COMMISSION # DO 166843 ~.~~~ EXPIRES: November 20,2006 ....'~Rf:I~'\'.... Bonded Thru Notary Public Underwriters Type or Print Name Commissi0n No. My Commission Expires: POA.IND IIIIII1I1I11 ~llnm 1IIIIIIIInn IIIII1II TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050352238 OR BK 18711 PG 0386 RECORDED 06/08/2005 13:11:48 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 0386 - 393~ (8pgs) R05 -01'S AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION . TIllS AGREEMENT made on this .~ tJ day of ~+r:y- ThuVldJ ~ If-,i-vJ e,..T/Auildf herein OF BOYNTON BEACH, a municipal corporation of the' "City". ./ , 2002-, by and between er called the "Customer", and the CITY tate of Florida, hereinafter called the WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, 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 l < 8: Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City eXClUsively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 1 L The Customer hereby agrees to indemnify, defend and hold 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 ;}tJ "'day of th~1 ,200S-:- WITNESS: ') INDIVIDUAL(S) AS OWNER(S): ~ ItHr r~ Printed Owner Name ft:f;Up d I C) ~' cf- , ./ . -/I\.Q;'~I Witness Signature CI~(lt1f'r:-/~E C,) I-fA ~10t-J Printed Witness Name 3 a~eif o ner Signature =-~~'tJet-1 #15 f(4 ,1/ #0 Printed Witness Name r+ ; Ih -e -e T Ii Uvl t:' I I Printed Owner Name f'1 --vr-Q' . "-..:"I\\.':"l~) Witness Signature C= 'AIHf'f I ,-J ~:- \.J~ A ~:rD rJ 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 r' e + f 12.. T /7 /..(.,7 t' '( ci,J d 11,. ,,"I) r'f -tl; i{ /1 t' / 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: ;r J Dfe. , ~I c:t. tJ t::.~ ,. j,,' "tfe c:: L,'e t' n s r S ~.c-k WITNESS my hand and official seal in the County and State last aforesaid this Q. ") day of nl ?t.) ,2002. (Not~I~~an $t~t~ 13arb~~ M. Madden gt(A ''f:'~Co~on # DD125274 ~~\~~~~ Erptres July 19, 2006 ~,:r"iF f\<:I~,...~ ~onded Thru III""" Atlantic Bonding Co., Inc. ~k~ A1. /2LrlU-tt~ Notary Public c/~~ Crz~ACH' FLORIDA Kurt Bressner, City Manager WITNESS: "~(1K {~v ~ ATTEST: ~e'f!1' ~ 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 acknowledgments, personally appeared '/(U,f!T gL~<JS~)E~ ,CityManagerand ..:JA)JL-/ /.LA/AJ/-rO , 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. ..., fJ};mss my hand and official seal in the County and State last aforesaid this t4IlJ day of r1-~ , 200~ (Notary Seal) NOTARY PUBUC.s:rm OF FLORIDA ~ /7 ~ Judith A. Pyle ,,' r _ F~ Commission # 00421091 fi Expires: APR. 21, 2009 N ry Public {/ Bonded Thru Atlantic Bonllini Co., lnc. Approved as to form: ~TIl ~f~ ~ City Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 Location Address: 3778 COELEBS AVE liwil#M"'>"9c '....J Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-01-008-0190 Subdivision: WEST BOYNTON PLAT 1 Official Records Book: 13968 Page: 692 Sale Date: Jun-2002 J.&mtl Description: WEST BOYNTON PLAT 1 LTS 19 TO 21 INC BLK 8 Owner Information Name: THUNELL PETER R &. L~~. Alt~r!I~.;~' Mailing Address: 3778 COELEBS AVE BOYNTON BEACH FL 33436 2709 Sales Information Sales Date Book/Page Jun-2002 Aug-1995 May-1994 13968/~92 08J~J:l8L1A 7 5 OSZ87/0083 Exemptions Price S~leI~ Owner $158,000 WARRANTY DEED THUNELL PETER R &. $95,500 WARRANTY DEED $91,500 WARRANTY DEED Year of Exemption: 2005 Regular Homestead $25,000 Total: $25,000 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Us.(:U:ode: 0100 Tax Year 2004 Number of Units: 1 *Total Square Feet: 1890 Acres: 0.17 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2002 84 365 25000 59 365 li~l Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: '>.ijM~i~~._di..1 ' '., ' ~ I ~<<.M,. . DetIMIM",a"d"J ~iiiM.'i."""" .~.:. iii] ~...i.!iiIIIJiIIi;JIIaa+ I ,,: ., , >~"h0:"':r.<<'"_,,,,,?,~~,"~ ::: 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. ~f+) http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451901 008... 5/25/2005 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 f1J... 8~ I/We, ~ tw ~a'lmi.t' Th~eI~ hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00 0- y 3" It '6- - I q - t> / - () C) f' - C I '9 b FLORIDA, ~ Grantee. The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, rd shall commence and be in full force and effect on the 2) day of , 20~ and the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and Sealed and deliver d in the presence of ~~ Printed Owner Name <.P~ /--- Witne s ature // , ~~-?,;d~&c HI'l-;</,v'o Pnnte Witness Name (J a(L() ,-----..... .. ~(A-~'-'--> Witness Signature ( - AT H<;:' K- \ NE- LUH-A Cr l)rJ Printed Witness Name -'I a7/7?A~ 7re;t{ Owner Signature P I ['l1l~ e T h LlY1 -e II Printed Owner Name r' ~'(_'l~~ Witness Signature CA'i- Hcr--'K I N'f: L.J-/ A e 70^' Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this d6U, day of -!!;:a-;; ,2W~'-, by f ~f-e (l 7 h Un e/ I and f3;" 'l? Th/..(/Jr,/I , who are known to me or who have produced E i?12',dA. /JP,bl.eS' ~,'( t','lS('~ , as identification and who did/did not take an oath. "I""'" Barbara M. Madden ~-((,(.tu4- ~ . /1t.J~ ~~~:&y P~Ik.~ Commission # DD125274 C ~~{ r.~ Expires July 19, 2006 NOTARY PUBLI -tn. :~_ ___. ;~'= ~$ Bonded l1UU ~~,/', OF t\.~,,' Atlantic Bonding Co., Inc. 'fI",,' Type or Print Name Commissic;:>n No. My Commission Expires: POA.IND III ~IIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIII TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Conunercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050352256 OR BK 18711 PG 0418 RECORDED 06/08/2005 13:13:02 Palm Beach County~ Florida Sharon R. Bock~CLERK & COMPTROLLER Pgs 0418 - 428; (11pgs) Ros -ot5" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AG~EMENT made on this A day of L~e vt.t.itfrer o~~ ~1-.fLeY (f~1b. M,;lrLr herein OF BOYNTON BEACH, a municipal corporation of the "City". _/ , 2002-., by and between er called the "Customer", and the CITY tate of Florida, hereinafter called the WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, 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 l!L Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 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 ~ss WHEREOF, the parties hereto have set their hands and seals this a3 dayof ,2005. WITNESS: 44, \2~(( ~ UAL(S) AS OWNER(S): r Witness Signature 'Lt. .,.. (" JO "_ / "'/ 11. \. -r'VJ / j (.. I,v' Printed Witness Name ~~ LEAJO/lE J11/N~~ Printed Owner Name ici~ ~Q~~d~ Printed Witness Name 3 fl~ . ~1\ Ie <--- A~ r Owner Sign re ~'eJ /1r)ffz~ Printed Owner Name Witness Signature It" Tt1 /3 L.. / '1/ Printed Witness Name &i~e J:ti~\Q C,Q~~~d~ Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to, take ,\cknowledgme ts, personally appeared L i'"u ^./JC It c ,;./r,l.. l ( D'; ,J(' S' lv' IV ^ j..,..~h/ III 1/11 k> 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: I'') l (-,f L~ :J:..o . WITNESS my hand and official seal in the County and State last aforesaid this L. 3 day of , 200~ {- ICHAEL S. TUBLIN l . ubllc - State of Florida ~. · '~CaTl"liIIlio"ElQ:i8sOct22.2(D \~'J> a; Commission # DO 363068 ~'1~ 01: n.$"'" 'Ili..... IIonded Iv NaIonaI Notary Alan. [1 \ I ~ <-,.JjJ. Notary Public ~/~ WITNESS: C\):(~\ \' ~ (: l ~~' Clrz.F BOYNTON BEACH, FLORIDA ~ Kurt Bressner, City Manager f2:,di( ~; STATE OF FLORIDA ) 4 Witnessed: J (l 'vI 1 . (~ Signature Ill. 7(1 (lL I~ (Print Name) ~~r ~~ ~I()'i~~~ (Print Name) - - - - .."~~~:.'~t;',,, MICHAEL S. lUBLIN rO]: .:",,,,:Notary Public. State ot Florida ~. · . EMt'ConvnissbnExJ:wesOct22 2rY\O .~ ,,~ . '.JU} . --"~~~f~'f:1:~~ Commission # DO 363068 'IlII ""..""" ---.....-.... By No -~ ttonal Notary Assn ~ - ( l", l e L (' '--( /'1 '-~tf\l,-~/ Owner Signature Btb~ \ rvj ~ l\.-tZ.e/ Printed Owner Name j" t~ ) 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 ackn?~le~ments, personally appeared j(U!2i g;(tSS/.! Z;/t ,CIty Manager and 7/!-1v1c-( ~/k~.// TO , CltyOerk 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. ~TNESS my hand and official seal in the County and State last aforesaid this ~1oJ1> _____~ ,200~ I ' (Notary Seal) NOTARY PUBUC.STA1'E OF FLORIDA . ~ Judith A. Pyle Commission # DD421091 Expires: API\. 21, 2009 Bonded Thru Atlande BondinC Co.. loe. Approved as to form: ~CbL qzo,jos /tsr City Attorney day of 5 'palm Beach County Property Appraiser Property Search System Page 1 of2 _mL~~~~'o~~r-:,;;~',: ,','ru,~dJ' A:ppr.inr's Public Access ;';y~,!fH1 ~*J f"'{ ''''%' ~"'" A ,.. ~ """... :~~h: ~ " rj ~':" 4~ t { ~ r l " '. ~ <;co, , Bi~~k> f~lmIj1~ r~8W~0 "~ ~~~llitM6llilmW>'~~;;lms>"-<,,,W.""" ; Property Information location Address: 3875 COELEBS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: l-eID1J_ DesJ;r'1Qtion: L"'~5jMlmv,;~~~..f UNINCORPORATED 00-43-45-19-01-007-0461 WEST BOYNTON PLAT 1 17492 Page: 1913 Sale Date: Aug-2004 WEST BOYNTON PLAT 1 W 22.81 FT OF LT 46, LTS 47,48 &. E 1/2 OF ABNDED HOLT ST l YG W OF &. ADJ THERETO Owner Information Name: MINTZER lENORE &. I~J:" Alt~""w.1 Mailing Address: 3875 COElEBS AVE BOYNTON BEACH Fl 33436 2708 Sales Information Sales Date Bookl Page Aug-20041]492I:t.913 Jun-2003 1~534/8~~ Jun-1999 1:t:1.7€iLl040 Price Si:lkTypg lh ....d~.".'M@fu~1 Owner $215,000 WARRANTY DEED MINTZER lENORE &. $167,000 WARRANTY DEED KEENER SUSAN $104,500 WARRANTY DEED [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: land Value: Total Market Value: sse sse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $133,239 89,530 87,432 liKl~~ Exemption Amount: $25,000 25,000 25,000 Taxable Value: $108,239 64,530 62,432 Use C_odg: 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: 1525 Acres: 0.24 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I I~.~~..J L...Ak"J~~&;i~..~1 L~ le~'t...J 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 IllfolTllQtion I Exemptions I Cornrnunity I Employment I N.t~W H.Qme Buyer I ()ffee LQcatiQ[]~ EA1:1;d2+ http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=004345190 1007... 5/2012005 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 fq/ttl 8each I/We, L6'tbff ttYlIzcr I r1cJeJ tirrbcr!fJob6,t1itrlzfhereinafter "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: OQ-q3, -l/5-/1-01- 007- o '-1(0 ( The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ..tS day of t1~y , 2005 and the powers and authority shall be irrevocable by { Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the t23 day of rky , in the year two thousand and 6.5 Sealed and delivered in the presence of ~~ (t~. :)" 1,--, ~- Witness Signature Owner Signature ~ (\.. Tl~ /1 !.,.I,.J Printed Witness Name ~/ J-DV(J /CE f11 / AJ rZEZ Printed Owner Name :1:.U~ Go~~d"Q Printed Witness Name 1 it,. :),/L- Witness Signature ~ {1.. t. I if /S L I ,..) Printed Witness Name ~~ F Owner Signature 4re,j rf,}f~ Printed Owner Name ~\l ( Wit s Signat~ 3=dWJ-- (}C>~~~~ Printed Witness Nam STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this L:) day I,"" A'd- ' 200, by L f iJ 0 Jt....e.. "VI. I ,;f-a--l.../C. I'VL~ s' ~ J and -l i~ ~'\.., , J 1..,/1 who are known to me or who have produced . as identification and who di.d/did not take. ;9f a ath. ""~~::""" MICHAEL s. TUBLlN (/L'\ l (. t c,^"/ /1 Vi-.. L lm~~\Notary PublIc - State of Florida - ~ ii' . iMfCcm,1iIIb,&peaOct22 2(D NpT ARY PUBLIC \~~ z+$ Commllslon {I DO 36306a It", LI-I.4 -t L s-. I { .f /1 c... I J "1,Hr.r.r.~". Bonded NaIonaI Notary Alan. Type or Print Name Commission No. My Commission Expires: Witnessed: '1 (t~. Ov/~ Signature Itt.-r(,PL/~ (Print Name) ~ ( Sign. re '~ .~~ b\O'i-~""~' (Print Name) ",':::.o:l:;", MICHAel S. lUBLIN l~m:. ~~\Notarv Public. State of Florida ~. 'EM(ComrIIDllMI~0ct22.2l))3 \~:'l' ~~:: Commission # DD 363068 ""',Vf.f.~,"" Bonded By National Notarv AS5r\ l l", I.t /... t'" ~ l/) '-~(\l~~/ Owner Signature Eobh \ (Yj ~!\.t?ef/ Printed Owner Name j'1 (~ I ~ I~ I I ~~ HI ~ ~ ~ ~~ ~ ~ ::to n g ~ t:I ~ ;s: N' ~ 00> N 3. ~- ~ e 0 8. 0 ~ VI ~ ~ txl 0 ~ g. ~ 00 g: ~ ! f 00 c- o ~ I~ 0 a: ::s ~ .~ a: ~ _. i~ ::s _. ~ ::s (JQ N (') w 00 a. ~ :::. 2- ~ a' '< ~ 'Tl ~ 'Tl ~ S ::s a g- ~ 00 .. ~ '< R 0. (1 a (1 2 ~ E, _. 0 00 ::s 0 00 S- o CI.l ::l" f CI.l -6' ::l" E -6' ~ I ~ ;s: ~ I ~. g I ~ ::s , ~. ! = ~ , So > ::c I i ~ Z n lIS. I ~ , ::s ~ ~ ~ I ~ I F:t I I 0 8- 8 "1 5' I 00 VI I (JQ I I I~ I I I~ CI.l "0 S' ~ ~ t:l:l ~ if - o .... (') ~ &: c t:I I- I_-r' -;:tl a: g " ~ ii ~ ~ ~ go . - ~ Q>j . ~ :> ~ ~. ~ ~ g :a ..... I llIlft 111111"""'011I1 nmUIUllllmn 11111 TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 <.:?F'N 200503522H2 OR B U 1 - ~ .n .=\711 PG 046 RECORDED 06/08/2005 13:14:3~ Palm Beach County~ Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0465 - 472; (8pgs) ~o5' -015" AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this.1&L day of ...:!",jltttZlh ~,<Vl"'vrk- ~ .D:JiQ., 'Pa ~P-VIJ.p heI1' OF BOYNTON BEACH, a municipal corporation of the "City". , 2oo~, by and between r called the "Customer", and the CITY tate of Florida, hereinafter called the WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, 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 applicable to the installation and maintenance of water service lines upon the Customer's premises. 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 tbe option of either requiring the Customer to perform the work necessary to conform the lines or tbe City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereo f. In the event the City has such work performed, the Customer will also advance such additi anal funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extensi on made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with 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 ad vance 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 meMS 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. ~ITNESS WHEREOF, the parties hereto have set their hands and seals this ~ay of J- , 200~ ~;~,-"g~ 1~ /~ W Itn . Ignature ~.../ './ 1 ~fj;Uf') /IV;' M/!/PO Printed itness Name ~ INDIVIDUAL(S) AS OWNER(S): YI ~ J_-~ ~ftDl~I"() oj ~ e.,l~ wn~ Signature I ~~ Z-(O t J)f(e'Jr[ ~- Printed Owner Name c)~ ~\ ~ ~ . CGCC{C\l~ Witness SIgnature CAiHP K I ~F GCf-I A (TOfv' Printed Witness Name 3 A:!~.Jf;IIi/t! Ufi/;t/r} Printed Witness Name (?/~ClC\,lQ Witness Signature CAI'(1 t' {(J N [ W F{ A f-7lJJ Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ~~ ()jvr~ Owner Signature _D~.-,l/IA .PA.)C.t~tE 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 16-l/4Z:/o d4l?f IJALI/t //1- 5C-EA./ /~-/ to me known to be the person( s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: Ft."o Jt'-~ LJ A- 1> /Z/U E'~ IS C-_-/c.E'A.JS c:... L~JNESS my hand and of?...sial seal in the County and State last aforesaid this ~1day of Lli:::E::;- ,200..5 . .7 (Notary Seal) NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission #D0421091 Expires: APR. 21, 2009 Bonded Thru Atlantic Bonding Co., Inc. WITNESS: cfX0j(lQ,~ ,~{W~, : ~EACH'FLORIDA I<URT BRESSNER CITY MANAGER ~"lN2< ATTEST: BOYNTON BEACH, fl.{f~j:' :"1.'" ~1n. P~I-..,. ..." 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 kttJ?T 6~cS~'5/V'EIZ. CiTY IM,{},lJtJt _ II" and ..JAPZT ;J/AJJ.;;T() , 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. ~ESS my hand and of~cial seal in the County and State last aforesaid this ;)k'/) -r-~ , 200~ (Notary Seal) NOTARY PUBUC.STAl'E OF FLORIDA ~ Judith A. Pyle Commission # 00421091 Expires: AFR. 21, 2009 Bonded Thru Atlantic Bonding Co., Ine. ~OV~\~~!~~r: . ~ ~ q7i! bs: M City Attorney day of c; ~alm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3620 BARKIS AVE '>;Nhb~"'D;@ili\&iiliB' Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-02-012-0010 Subdivision: WEST BOYNTON PLAT 2A Official Records Book: 10726 Page: 0185 Sale Date: Oct-1998 legal DescriJ~tion: Owner Information Name: PASCENTE IGNAZIO & DALIA Mailing Address: 3620 BARKIS AVE BOYNTON BEACH FL 334362717 Sales Information Sales Date Book/ Page Price Sale_Type Owner ~M,_~;J Oct-1998 1072Q10J.1i~ $102,000 WARRANTY DEED PASCENTE IGNAZIO & DELIA Jul-1994 i)834Y0358 $100 WARRANTY DEED Jul-1994 08~4U()359 $98,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2289 Acres: 0.21 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2002 98 793 25 000 73 793 ~~~IJ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 1.1"u'\~~dl 1ik.'~&hc~W"'~'i_,J ~,b~m~j;J !;ii~J 'Yi$c-'>iFV>'>v=~ ' >' . .' '.'t , 'F) 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)l~:h+ 4 http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451902012... 5/25/2005 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 .P~W\ [S~ liG ~t'\o-Z.-(O Po.So::.At<e ~ D~lc.. -p~tde, 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: Cf)"' 43 ~lf~ - 19-07 -01 2 - 00/0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ZR" day of M ~ ' 20~nd the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 2--~~ day of ~7~ ,in the year two thousand and I<~ Sealed ana delivered in the presence of - 1.4e fU~ 1 [fiJ E- Urt/JAJ Printed Witness Name ~+,o 'R~e~~ 42 ~ o r Si ature I rrJ/(1-2(() P IT )(E;/[~ Printed Owner Name' QA0(~c6=r~ Witness Signature CA', Hf~,rU P C^)l-IA(70,J Printed Witness Name ~-d.~ itne S nature ==---c :4-e(tlE l t)) c; H 4AJ PO Printed Witness Name ffi..u 14 (t~ Owner Signature ILevL_'-A PA S l € ivo(L Printed Owner Name C.R(()C~ C~ Witness Signature CAfHf elNf' Wf-1 AU(:)Kl Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) 1H9>FOREGOING INSTRUMENT was acknowledged before me this z5fh day of ..:7...&l~ , 20 tX-; by I *' A/;4 6/0 P ItSC.z.')..,1 T E- and /J/ft-/ A- jJ A- {' f).j /-E. , who are known to me or who have produced BtJJ(/I)A- lJitlt/<;/Z {.:5 ,-/c~~J!1S identifI not take an oath. NOTA "v ~. uuu PtJBUC.~ OF FLORIDA Judith A. Pyle COnpnissioD # D0421091 Bonded ThruExplres: APR. 21, 2009 Atlantic Bonding Co., Ine. My Commission Expires: POA.IND NO. ARY PUBLIC '/ ~ype or Print Name Commission No. 1IIIIm 1IIIIIIIIm m H 11111 1m III~IIII THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Connnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050352283 OR BK 18711 PG 0473 RECORDED 06/08/2005 13:15:25 Palm Beach County, Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 0473 - 480; (8pgs) ~O5"-Ol5" AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY UMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made ~his ~ day of' ,200 j-: by and between ClAr ~ So +or.~ J. '"PCI herein r 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 JSL 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 exdusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations 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 harniless 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 ~ -rt I day of HA'-I ,200 s-. - W.ITNESS.: ~ {~ Witness Signature V'-v('M Console Printed Witness Name :J1itts Q3 3 L~f~ Witness Sigrfature if,' \J I CuI E. Con SO k... Printed Witness Name ~~ &er Signa r r!rWW T Ii1t5 Printed Owner Name Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) (Notary Seal) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State af~resaid and in the ~ounty aforesaid to take acknowledgments, personally appeared ChrIstopher :J, ~D-J-tS 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: FL f)L-# P3~DIJOIOSON-O . WITNESS my hand and official seal in the County and State last aforesaid this :LS lit day of H Cl~1 ' 20()):- ~IU Notaty Public ~ . .. ,: .;.,;o..~:';,;... -.w.E. CONSOlE . _fIllIlIIIc - State of FlorIda CoIllMIIon expires May 15, 200 Collllllisslon 1# 00 429346 c~~~; C~:::::::BEACH'FLORlDA Kurt Bressner, City Manager (}~//1au~ ~~ ~ 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 j(t<.(2r A;e~5.$E:.Ie. ,CityManagerand :JA--JJLT /,e/fIAJlnJ ,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. TNESS my hand and official seal in the County and State last aforesaid this ~~ NIJ day of , 2005- NOTARY PUBUC.5TATE OF FLORIDA ltIJ{ Judith A. Pyle "WCOl1}D1issioD # D0421091 Bonded ~~:~c ~~n~i,~~ Approved as to form: ~ (t cfvelor;- ~ City Attorney NO~ 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 9087 NICKELS BLV Municipality: Parcel Control Number: Subdivision: Official Records Book: Legi'll Description: UNINCORPORATED 00-43-45-19-02-002-0130 WEST BOYNTON PLAT 2A 16257 Page: 782 Sale Date: Noy-2003 WEST BOYNTON PLAT 2A LTS 13 TO 16 INC BLK 2 A/K/A AVONDALE PINES UNREC LT 58 Owner Information Name: POTTS CHRISTOPHER J Mailing Address: 9087 NICKELS BLV BOYNTON BEACH FL 33436 2767 Sales Information Sales Date Book! Page NoY-2003 1~257/Z82 Jul-2001 12778/38 Sep-1992 07412L.l.S5~ Price Sj'll~ T~ liBii'" Altsalu" , u~::1 Owner $212,500 WARRANTY DEED POTTS CHRISTOPHER J $10 QUIT CLAIM BISHOP GREGORY E $93,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Widower $500 Total: $25,500 Year of Exemption: 2005 sse sse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $153,940 96.185 593,931 IMi_.iilllfll Exemption Amount: $25,500 25.000 525,000 Taxable Value: $128,440 71.185 68,931 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Use.J:ode: 0100 A d dT Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Year 2004 Number of Units: 1 *Total Square Feet: 2128 Acres: 0.23 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I ~mt,,=1 L~'~~~h . .,,1 lIa9w1i!JILst:tJ ,"d&."') . '. ~A- http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p _ entity=0043451902002... 5/25/2005 ~~h"', ..mnt. 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 ;l!NL kftC.L IlWe, a:J~/,ef T lifts , 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: (jf)- 43 - 45-lf.. 0,:) - a:J2 -0/3() The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the o1J~ day of n1t y' 200)...... and the powers and authority shall be irrevocable by / Grantee. day of /v1 Q ~( Sealed and delivered in the presence of ~IU Witness Signatufe . ') VI' V I 6-./\ E - Co nso Ie.- ~a7A~ l /1--- ~- T~ Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) /)c11t- THE FOREGOING INS!..RUMENT was ac~nowled~d before me this c-'--J day of MtA~ ,20 OS , by Ch(15Tophe{~ u. 'Po-rt:5 and , who are known to me or who have produced (::--L D LJ:l P 5 ~ 0 II 0 ~ f)22f) as identification and who did/did not take an oath. . ('.. .. d () () , \'MME.co...i"'.:.:. ~~J l-. ~ e. NoCIry,.. _.al",,* NOTARY PUBLlB . My CoMlaIan~""1l \ ,," .. _'llll_ V, V,,\.Vl . E 01') so Ix. Type or Print Name Commissicm No, l~D 42Q'2>Lf ~ My Commission Expires: S) /5) 2 DOCr POA.IND Off:ce of the City Clerk City of 3oynton Beach p, O. Box :no Boynton Beach, Florida TillS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Conunercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 /-/} -:r--:- ' l~e7fJ/b/C./ I 0 ' 1IIImll H 1IIIIIIIIIIIIIIIIIIm 1111111I ~ CFN 20050352202 OR BK 18711 PG 0154 RECORDED 06/08/2005 13:01:27 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0154 - 161; (8pgs) 1=\05-015"" AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY LIMITS AND COVENANT FOR ANNEXATION TillS AGREE~NT made on}pis .1'$(- day of ,200 5: by and between JG.vIAt<>" ~.Jtu~ ~]) ICl. ~ e ~ t ~ herein r 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 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 l d-- day of ~\ ,2005. - 1TESS 1~/~ Witness Signature D i' Q~~ /<Qtz..n,1CU:.<"~ Printed Witness Name IND ~WNER(S): er Signature ..TA"'E S fttJATH/5 Printed Owner Name K:' ~. IJ-7 AA _ Witness Signatur (<("VIr) ~ Printed Witness N 3 rI~ r f ' , 1.~ vuIc. /;jlness Signature J) J' Q 11 L K fA C-,L-h1 fA (' .de Printed Witness Name JJ~ ~ .'Jj, Owner Signature . , 'C\.f\e ~llS Printed Owner Name ~-~. Witness Signature J{eV1fl ~~ Printed Witness N e 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 D i a. n <.- 4-::J a me S (Y)cd-h, S to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; thr/he individual was personally known to me or provided the following proof of identification: 11 OW "to Me. . WITNESS: V~C\ WITNESS my hand and official seal in the County and State last aforesaid this /). +h day of _-1!1 d '1.1 ,2002'- I ~\\\\\\I"""",,1. ~~~IX,.'I.,j, '( L Co ,~II~ ~ ~ ........ r ~ ~ ..~~~\SS'ON,c-~. ~ ;:: . 0"''' ~.. ~ ~ /:>....0 ~~af'lI, <,,,_ ~. .. ~ = : ~ ,," 7ft, ~ ~ : =*: ..... :*= i~ ~. 100381820 f if i ... ::;-\. -1<....to .~~ ~ ~...~".~tI~~..l?:~ ~.'''''' ...rr16r1lcUl\P::...... :,S' ~,..~p;.......~()<c ~ . "I" Qt.' sn"~ "" ,,\~ ^' ' I!lll\\'\'~ (Notary Seal) ~l Notary blic 0 ~ BEACH, FLORIDA Kurt Bressner, City Manager O-CtG.~(lCt~0 . ArrEST: ~'1n. 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 /t'<<...e-T .6i~z.ii'.sX/c.."/l. , CityManagerand7jJJ:kr /,(l,lf7.A)1 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. ~ESS my hand and official seal in the County and State last aforesaid this ~~ , 200~ . , , NOTARY PUBUC.STA1'E OF FLORIDA (Notary Seal) ~ Judith A. Pyle Commission # D0421091 Expires: APR. 21, 2009 Bonded Th.ru Atlandc Bondini Co., Ine. Is/- day of Approved as to form: ~ mGL b(v;~~ M. City Attorney 5 Pa.lm Beach County Property Appraiser Property Search System Page 1 of2 location Address: 3620 COELEBS AVE 1'~~dJJ_~A"Th~'r#~J Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-19-02-013-0010 Subdivision: WEST BOYNTON PLAT 2A Official Records Book: 08189 Page: 0724 Sale Date: Mar-1994 le.9i!lDescri ption: Owner Information Name: MATHIS JAMES D & DIANE G Ij;>,~J\ABhQwnersA0itj~njl Mailing Address: 3620 COELEBS AVE BOYNTON BEACH FL 33436 2773 Sales Information Sales Date Book/Page Price Sale Type Owner Mar-1994 o.8182L0724 $81,900 WARRANTY DEED Jun-1993 07Tl5IQ]8_3 $78,800 CERT OF TITLE Feb-1989 05~8U.~lS~8 $100 QUIT CLAIM Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: Tax Year 2004 Number of Units: 1 *Total Square Feet: 1996 Acres: 0.21 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: . 87 624 85,990 ! 83.975 ~~1 Exemption Amount: ! 25 000 25 000 ! 25.000 Taxable Value: ~62,624 60 990 ~58,975 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 1;&ni'ij);ilii'~i"jj*Hjnl ti+"II."tQ;~mb')Jit ~i'pwkw$ji"&itrJ 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. c;J,,~ bit-A- http://www.co.palm-beach.f1.us/papalaspx/web/detail_info.aspx?p _ entity=0043451902013 ... 512012005 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 J}JW\ ~eA..c.k.. .d I, .II I/We, ~-e.S rvICL~'I.s,. ~ ]),Qv\-e Y\{CLtlttS., hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: Oo-tf3---tf~- LCj-o?- -61'S -aJl 0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 12.ft.... day of ~. 20eb and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /J-I-h {Yjay Sealed and delivered in the presence of ~ /!j).fr'~.d- itness Sign'ature 0/0# ~ J{ aC~/'Vi{}r.d Printed Witness Name day of , in the year two thousand and 100S. o-ft=:~ Owner s(g'nature :S-A~ E.5 MA-rj-{15 Printed Owner Name ~/' ~- Witness Signature kev/~ q~ Printed Witness Nam ~~uk itness Signature _bt"Qvl Z kCCI11Cify.lc Printed Witness Name ~. , \ La/V\^- ~ , wner Signature ''--., ,\')I't\l(\f_ ~'IS Printed Owner Name /('iU~ ~. Witness Signature J<tp ViI'l 0> r Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of ('r) fA Y K,,~wn to Me.- THE FOREGOING INSTRUMENT was flcknowledged before me this IJfAday , 20ti, by f) I C{ n e... 1':Tn f'l1 t'.. S M 4th; So and , who are known to me or who have produced , as identification and who did/did not take an oath. ~l~ NOT A~~ PUB L /I 15-e.,Il~ ' LeY Type or Print N me ',""11'" Commission No. ~~"1-h~~.~,.q.'!Jf'l, ~ ..:,y.\SSIOt\i ".'. ~ ~ .. rt;)"" .tv 1 <:-1;0'. ~ S "~V~~f).Jl '~'b~.. ~ =- :~I..(, iP(f)~: =*: .... :*= - . . - ~~\ #DD381820 !iZf~ ~ :;A . 4.;.. . ~ ~ ,\~~.....?,~~ ~.' ~~ 'i r..o.'. ''''''IC~;'~~* ~ tl8;......~ C" ~~ l'111 ..Ie ST~\"" ",,, ~","jlllll""'~ My Commission Expires: POA.IND Office of the City Clerk p'7 ----;-- City of Boynton Beach fLp.~kV.-v / (5 .. P. O. Box 310 Boynton Beach, Florida 3.~FN 200503522~ 9 -~R BK ~87~~ PG 0289 THIS INSTRUMENT ~REPARED BY: RECORDED 06/08/2005 13:05:52 James~.Chero~Esqurre Palm Beach County, Florida 3099 East Commercial Blvd. Sharon R. Bock, CLERK & COtlPTROLLER Suite 200 Pgs 0289 - 297; ( 9pgs ) Ft. Lauderdale, FL 33308 II~gmUlgummlalallllllll R05- 015 ~GREEMENT FOR W~TER SERVICE OUTSIDE THE OTY UMITS AND COVENANT FOR ANNEX~TION THIS ~GREEMENT made on this M day of :-Jo-w..-es U). H'^-fI E L{V1J{ -e "&. #IA. t I herein OF BOYNTON BE~CH, a municipal corporation of the "City". ..- , 200 6 , by and between r called the "Customer", and the OTY tate of Florida, hereinafter called the WHERE~S, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHERE~S, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHERE~S, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHERE~S, 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~) 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 ofPahn 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 tennination 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 tennination 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. LlzWITNESS WHEREOF, ~ parties hereto have set their hands and seals this ~ day of . '0/ ' 200~. dLJ L/ (S) AS OWNER(S): Witness Signature ;11/ C/J A (:--' l rtf I.5S\ ~I.. , o ner Signature I 5frJ7llt's uJ .I/ci { Printed Owner Name Printed Witness N arne O~ t)i#AlI IDness Signature 3oWJ'e8 t: /Jull Printed Witness Name 3 Jill LJ , ~ ,. Witness Signature (J()( JJ A (! TIf )S"f r- c . Printed Witness Name a~~ t/A/f! ~ess Signature ~a;Me3 T I/vtl/ Printed Witness Name FOR INDIVIDUAL (S) NOT ARIZA nON: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ;:> wner Signature fl.. L Q (-) Printed oJ~ame tf rhdt I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ::J~cs. H"""-\\ ~'1()f\e.. H".dl 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: WITNESS my hand and official seal in the County and State last aforesaid this Ma.j , 2002_ ~,,\\"'"Il"'lll ~,'~~ S\MMON.:"'~ ~ \:).'";;J ....... u ~ ~ ...:;~\SSION c.>. ~ s ..~... 2 ~A. ~ ~ .. <JCS ~~r q.,~'" ~ ~ .~t tb<J1. ~ = : ~ OJ :*: :*: ..... : = -. 5754'. ""- ~...... #003 I .~~ ,-~.. f:?..g::..... '::<~. 4<... ,,_,J.,....<$> ,,,<li. C:5 ~ ~ .t-~ '-'W1Q8U\\' . N;:: ~,;-9J-~.r.~~c.~~f.Q<< ~ ~',I,P8L1C s~~\"~ l "'11I1 ~k (Notary Seal) v [, (xt'\{~ ~ . t.J - 'I...C~, ' STATE OF FLORIDA ) ~~rd dayof ~~~ Notary4'>ublic ~BEACH' FLORIDA Kurt Bressner, City M~ager ATIEST: ~m. City Clerk ~ 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ;1( (f R 7 At!Z-5S;r! c,€. , City Manager and :J I//lJEI ,tJ /11-/ All T () , 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. ~s my hand and official seal in the County and State last aforesaid this J!../ , 200.=?- , " /! (Notary Seal) NOTARY PUBUC.s:rm OF FLORIDA \ ' ~ Judith A. Pyle Commission #D0421091 Expires: APR. 21, 2009 Bonded 1bru Atlantic Bonding Co., Inc. /5/- day of lSVI]:r~ Itfe~ City Attorney 5J 5 P~lm Beach County Property Appraiser Property Search System " Page 1 0[2 location Address: 3546 ALADDIN AVE IflWJAliiMIIIilllLxliliM1 Legall}g,scriptJon: UNINCORPORATED 00-43-45-19-02-011-0161 WEST BOYNTON PLAT 2A 04582 Page: 1687 Sale Date: Jun-1985 WEST BOYNTON PL 2A LT 16 (LESS W 9 FT), LTS 17,18 & W 12 FT OF LT 19 BLK 11 AIKIA AVONDALE PINES UNREC Municipality: Parcel Control Number: Subdivision: Official Records Book: Owner Information Name: HULL JAMES W & LYNNE B _~iQwners'n'r:!"r'rl Mailing Address: 3546 ALADDIN AVE BOYNTON BEACH FL 33436 2752 Sales Information Sales Date Book/Page Jun-1985 04~SU168Z Price !ic:tle_~ Owner $77,900 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: 2336 Acres: 0.18 U~J:LCode: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Assessed and Taxable Values Tax Year: 2004 Assessed Value: 93 826 Exemption Amount: 25 000 Taxable Value: 68 826 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 1_~~,QI~J!12t-1 lwJ?mvtGu.&'.llliiiJ 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. R",cQrd Search 11nformat:on I ExemptiQrls 1C::9mmurllty I Employment I New rtQf!1eJ3uyer I Office Locations Value l\djustment1:lmrq I ~Q\,eQtJr Homes I Serli.Qr CQrm"r I ~c:@imgr Home I Links I GIQssary I FAQ I Forms I CQnt~l(:LlJ~ I PAPA ~)L~t b-A~ A- http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=004345 190201 1... 5/23/2005 THIS INSTRUMENT PREPARED BY: James A. Chero!, Esquire 3099 East Commercial Blvd. Suite 200 FI. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA ~ COUNTY OF VMJ1Y7 B~ ilWe, Jl'l@1.q:; U), 'it LYtJnJe... 8, If~ I f. 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: Q) -Lf~ -<.f~'-I~. - 0 L -- 0' l- OJ0 f The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall mAY Grantee. commence and be in full force and effect on the ~3 day of , 20 ~nd the powers and authority shall be irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;( 31(:l , in the year two thousand and ta/s . ^^'~ dJ)n7:7 the presence of Witness Signature day of Jl1/cI/At ( Tt/5Sf'L Printed Witness Name .:TA1m l% /)), (L I / Printed Owner Name ~~~ Itness Signature/ ~i11e..s T !-lit II Printed Witness Name 1/J/ d:_~) .- , Witness Signature 11/(I-.Jfi( { ;1/J' f~ ~ Printed Witness Name ~6 ptfl M~ wn -~nature fJ I I .. /7(;) L i nrl~ H ()J0L Printed 0 ner Name ~ UU1/ ~ess Signature ' 'S~~ T I-Ivll . Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this 2~("J day M.o..~ ,20 OS , by 0" ~e.s. W Hu..\ I and L~ nO 11 \-'hA. \ \ , who are known to me or who have produced ~~~"'""""/~ ' as identific ion and who did/did not take an oath. ~,,~~~ S\MMo:,~/~ *' v .........'t'u ~ ~ ..~~\SS'ONc:.::. ~ s .- a --.'nP.r 2 "'f..<) e. ~ ~ .. ~CJ "!/JI~'t>I- ~ _~ ~ .. ~ ~ .~n<;i "0<<'.- - . ciS 0(1).- =*: ..... CP :*= - . . - ~~O~ #00357541 :~~ ~ ;::A-.~. .. ~~ ~~.._~ ~~..$'..~;::; ~o?- A.?'PutilicUn<\e~.. <<.v~ .~ lIBi"......~ 'Y\~~ My Commisst~~~: of NOTARY PUB C L \ SoD.. S I ()'"\ vn 0 ('I S Type or Print Name Commission No. IIIII~ 1111111111111111111111111111111111101 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Connnercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 CFN 20050352286 OR BK 18711 PG 0483 RECORDED 06/08/2005 13:16:14 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0483 - 490; (8pgs) ~05"-OL5" AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY LIMITS AND COVENANT FOR ANNEXATION THIS AGRE.EME~ made o? this );;0 day of Jjf:~d D~WI'''-,clc ~ IJ""Sd,tlo... D~~'~ilt'i(("'k- here' OF BOYNTON BEACH, a municipal corporation of th "City". , 200.5'-:- by and between er called the "Customer", and the OTY tate of Florida, hereinafter called the WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, 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 ~Te~ted in the City eXl,lUsively unless oi.herwise conveyed or abanaoneu w 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 indemniiy, defend and hold hannles::> cht- \..:iLY ul Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject ofthis Agreement. rY\ IN WITNESS WHEREOIlJhe parties hereto have set their hands and seals this ~ day of 111~~ ,200--.:L. WITNESS: ~tl~'l ~<<' J' Witness Signature INDIVIDUAL(S) AS OWNER(S): #/Ue~~~ Owner Signature J /I il} N (0 eLl rv I Printed Witness Name ~c hq f L OJOh)lh,'LR Printed Owner Name ~~~9- fvt . ik- IJ!.L~1A. Witness Signature .... pC<.t~ c... ;jee( M' (VI udJ t'YI Printed Witness Name 3 ~t~ CPA"r Witness Signature L~' J' (/f tJ- A" L--O Lt ,if II;';) (J Printed Witness Name " wner S~ture \--) ~( I ; Jj IQ jy(f\) ~ I G l Printed Owner Name ~~.~{/tL h1. Ih. it-dtLi-t.. Witness Signature 6(( rz b~((.eh tf1. Ih t<cb 67 Printed Witness Name FOR INDIVIDU1~L (Sj -NOT ARiZA TIO~~. STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afoKsaid ~d in the County aforesaid .to ,take acknowledgments, personally appeared y)~(PC(L,0J\ ~ \,\\\O\~((0 DO~IN ,e. Ie 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 individ)?al was personally known to me or provided the following proof of identification: f::LAu.,4- 1/", t/U ~ LIce p s .e . ~:~S ~y hand and official seal in the County and State last aforesaid this A9"'dayof ~ ,200S' (Notary Seal) N~'OTARY PUBUC-SJATE OF FLORIDA ~ ~. Ju~~ A. Pyle ~ _~ COnprusston #D0421091 Notary Public ExpIreS: APR. 21, 2009 Bonded Thru Atlantic Bonding Co., Ine. CJt'L~(!IO ~ . CIT~ACH' FLORIDA Kurt Bressner, City Manager WITNESS: 5i.V7{ltt ~M J 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared f..C/j{ r 15~8?~ tJ t'~ , City Manager and JAA/ t r /' ,c4/ J) / TV , 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. (Not . Seal) NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle Commission # D0421091 Expires: API. 21. 2009 Bonded Thru Adandc Bond1nc Co., Inc. Approved as to form: QOO&L t;;!,& {~ k': City Attorney ITNESS my hand and official seal in the County and State last aforesaid this 2~.o day of _, 200;}" ~r!;JpL Notary, blic V" 5 , Palm Beach County Property Appraiser Property Search System Page I of2 Property Information Location Address: 3695 BARKIS AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: L,egaIPes(;riptiQI1 : UNINCORPORATED 00-43-45-19-02-001-0132 WEST BOYNTON PLAT 2A 07452 Page: 0965 Sale Date: Oct-1992 WEST BOYNTON PLAT 2A LTS 13 TO 161NC (LESS W 6 FT) BLK 1 A/K/A AVONDALE PINES UNREC LT 38 Owner Information Name: DOMINICK MICHAEL A & ANGELINA ~1Il_''"'.",,1 Mailing Address: 3695 BARKIS AVE BOYNTON BEACH FL 334362701 Sales Information Sales Date Book/Page Oct-1992 07_45.2109.6.5 Jan-1988 0555210240 Jan-197802936L1921 Price SaleTVQe Owner $100 QUIT CLAIM $100 QUIT CLAIM $45,100 NO DATA FOUND Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 sse sse an axa e a ues Tax Year: 2004 2003 ;Z00,2 Assessed Value: 84,805 ! 83,224 $81,273 ~ Exemption Amount: 25,000 ! 25,000 $25,000 Taxable Value: 59.805 ! 58,224 $56,273 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: ()se 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: 1768 Acres: 0.22 Description: RESIDENTIAL * in residential properties may indicate living area. bl V I ~ r--"wkj ~ ~ '~Wb~~'~_H__"~'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. FK~t U It http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451902001... 5/24/2005 THIS INSTRUMENT PREPARED BY: James A, Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF~ I/We, J1J; c.k~ DoW\;Il~k... I: A~Jr~4 ~(~J: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: CX)-q.3-LfS-- /et -()7 - 001- 013 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 E- day of _&1 o.-r 20 ~and the powers and authority shall be irrevocable by Grantee. . , IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of \\\~~ ' in the year two thousand and ~\JS j Sealed and delivered in the presence of d.~ 51nG~ ~~; - SClJIt,V CoLLI.lVr ~y~ Owner Signature fJ? / d? 11 {L (JOI1, ,,' h / t-l Printed Owner Name Witness Signature Printed Witness Name / A~-?lU4L Jv. . l~ Wit"ess Signature $fd, b<<~~( yVJ.. Vh It dd t'r) Printed Witness Name " ~rure~ ~ \\~~,v\ ~ Ul)fi\'l ~,c-l,- Printed Owner Name G(~?~' ~H ~ Witness Signature JCf J A-N (-oct ( "'"i .r Printed Witness Name J tU/?/(,(.t<- )'t. /k IlL4 Witness Signature ) ,~~6t(iZK r11. (hack-l~I'') Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT ~as acknowle~ed befo~!3 me this ~ day of '1'K~, 20 DS'; by ~}.)(P<(llul\ -.l2Q('{\\)01ck- and "'\ ( \r-.. ~l{ L DDM \ ~ ~ (..,\<- ,who are known to me or who have produced FL~"f(Ic. f)"ltI~~~ L,c.~.c.Is~ as identific . n and who did/did n t take an oath. NOTARY PUBUC.STA1'E OF FLORIDA ~ Judith A. Pyle Commission (I D0421091 Expires: APR. 21, 2009 Bon4ed T1uu Atlandc Bonello. Co.llill!. My Commission Expires: POA.IND Type or Print Name Commission No. OffICe of the City Clerk /J City of Boynton Beach /CPW/lJP70: P. O. Box 310 ~ynton Beach, Florida 3342.5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 1IIImU~llmmHIIII~I~~IIU CFN 20050352207 OR BK 18711 PG 0191 RECORDED 06/08/2005 13:02:57 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0191 - 198; (8pgs) ~05 -0.6 AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY UMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this.b.L day of ~ ,200 s: by and between &g',l ::I: 1fI~ f m.o~c~; f+tVes,. here. ercalledthe"Customer",andtheOTY 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 l,~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 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 titleto the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / " 'Jay of ^-^- ~ ' 2005: WITNES.S: ~J&-/11 ~ ~ Witnes.s Signature INDIVIDUAL(S) AS OWNER(S): ~a~ Owner Signature gA~/L. 17. ALvE r Printed Owner Name J/~1dCA. M - 7Or)~ Printed Witness Name Wi'i.IfJ!Sdllrr~A-<< e(J Printt::Jes~ ~.;,;e / 3 ~J~M.~, Witness Signature In~~~~ Owner Signature 1-1 V\d fA.. /vf - TO VJ€ , Printed Witness Name w~~cX-J) ~'\ '\:SlC\('~ \ Printed Witness Name _fY1d HAr'\JJ"JR +- A~\les Printed Owner Name FOR INDNIDUAL (SYNOT ARIZATION: STATE OF FLORIDA ): ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared hffS/1 I. tI N~hdl1~ /JII/es to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that h~xecuted the same; that the individual was personally kIiOWii to m~ or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this 1t,!1t day of MlJi ,2001 (Notary Seal) r_.,.....n.........ooNNA.M~i:OUGHNEY...l Commission" 000106785 : ~. ExplAlS 511112008 i I ~ Bonded through I ~J...~~.~~2'.~~;~.~.. ~1AU-1l1.X~ Notary Public WITNESS: \kk C\ \ ~j)1k- C~NBEACH' FLORIDA Kurt Bressner, City Manager C~'QLC,~) A TrEST: 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~ aforesaid to take acknowled~ents, personally ~ppeared 'KUk'1 13/'es.s/l/erc.- ,CltyManagerand ,JAPEr ~dllV;..J-o , 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. 9!~S my ~and ~~cial ~eal in the County and Stale last aforesaid this hi- day of (Notary Seal) NOTARY PUBUC.~ OF FLORIDA '. J ~ ,/1 ~ Judith A. Pyle lL~[1 ~ Conpnission # D0421091 / Expll'es: APR. 21. 2009 Bonded Thru Atlantic Bondil1l Co., lac. Approved as to form: QW'0L ~Zklor /YJ;t, City Attorney 5 Palm Beach County Property Appraiser Property Search System Page I of2 location Address: 3920 ALADDIN AVE Municipality: Parcel Control Number: Subdivision: Official Records Book: 199aLl2escriptiQ!1: UNINCORPORATED 00-43-45-19-01-001-0141 WEST BOYNTON PLAT 1 06906 Page: 0730 Sale Date: Jul-1991 WEST BOYNTON PLAT llT 14 (LESS W 7 FT), LTS 15 8r. 16 8r. W 12 FT LT 17 BLK 1 A/K/AAVONDALE PINES UNREC LT 5 Owner Information Name: ALVES BASIL I 8r. MOHANDAI IT~~.I Mailing Address: 3920 ALADDIN AVE BOYNTON BEACH FL 33436 2744 Sales Information Sales Date Book/Page Price ~ale Type Owner Jul-1991 Q690JU0730 $87,000 WARRANTY DEED Jul-1986 049~Aj0398 $78,000 WARRANTY DEED Sep-1981 03596/0452 $69,900 WARRANTY DEED l:''fflJMt''!!:&)lij1 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: 2074 Acres: 0.18 VSJ'LCode: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: 83.579 82.021 80.099 [0i~llal Exemption Amount: 25.000 25.000 25.000 Taxable Value: 58.579 57.021 55.099 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 1< _.~tc:.uIator+, I L,. ,~tAllmM'i.J+"ji-:l L!!sLL9&~J.!SiHSJ I-fL~et&&J l~d,~~~~L_'Wf+J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the E )L,^-": U A http://www.co.palm-beach.f1.us/papaJaspx/web/detail_info.aspx?p _ entity=004345 I 901 001... 5/1712005 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 JbJm ~Ck. I/We, &s~ ( ~ 411Jt?<:. ~ Mo ho..~'1 IIIlkS, 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: CO-Cf3-l(5-(g-OI -OCJ1- O/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 I G 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 J..kL day of t-\ ~'\ ' in the year two thousand and ;L()o. ') Sealed and delivered in the presence of ~0-/J1.bu- Witness Signature ~il~ Owner Signature L-I VI dO\. /J1 - 70 n e- Printed Witness Name ~ A /2 ' . flU! - V~ Witness i ature a~s;'L J:. fI&€-~ Printed Owner Name mea 73, ck~ I Printed witness Name ~/M~ h1 Mu- It ss Signature , J116~'~ Owner Signature Lu/!~ H - 7One.-- Printed Witness Name md \-\~yU:IJA.4. Printed Owner Name AiJle5 ~~c1:~y Witness Slg a re VV\~C\ D \~te- \_ Printed Witness N~me STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /& n, day of fi1lhl ,20 05, by I!JlIs,/ L. 1/ HIJ~AI')~ /JIves and JI t)j,and~ /lIves , who are known to me or who have produced . , as identification and who did/did not take an oath. N~~/~ _O/1YlI'7 M. LtJzf::# 111~ Type or Print Name Commission No. .A () tJ 10 {p 7 i' f: My Commission Expires: ;;111 k 0 o~ POA.JND