R05-015 (5)
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TliIS INSTRUMENT PREPARED BY:
L'I' 1(ll Esquire
('ill (,', [,I,U; Uoody&Ezrol,P.A.
3099 Fast Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CF 'I:C'H: 2':':H :::"1
OH::: ~(I::;'~)":, 147H
REC. ~,C ,D I,U,' a~: /:: 111~k ~~~: ::~): :;~E
Pal, E';ilCt CJL,il1.y, I'Lodda.
5ha I e,f It.3n:~:" (: LE .J: I, CUl~J"i ROLLER
Pgs 14 'H . :l U~i:;!, L'p ~G ~
AGREEMENT FOR WATER SERVICE OUl sn >E
THE CITY LIMITS AND COVENANT FOR ANNEX '\TJO]\
J~, 0 :5 .- 0 J :;
THIS AGREEMENT made on this ~ day of 1Jc.ovc _,' 20(U~~;~, by ard hetween
1?4L,n~ 5':"/0""';+' I />ch.-t-S~/.4-z..'..S'c....J6..vf,'hereinafter calkd :he "Customer', and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of I :lorida, h;::reinafkr called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictionalllimillS ofdK City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Be,ch, Fk),rida proville water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide ') 'ater service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which con jiltions the grant ,}f water
services outside of its jurisdictional limits on annexation ofthe property It) be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of re ~eiving water serv ic{~ from
the Municipal Water System and the mutual covenants expressed herein, . he City ofBoynt(\n Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water servJce From its Mun:icipal 'Water
System to service the real property described as follows and which CustOI l1er represents i; owned by
Customer: (Exhibit A)
'J'
2. The Customer and the City hereby agree that there are, -l- ~l Equ:ivalent Resid,ential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of ,engineering, material, llabor,
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 (~ustomer'8 premises. 'Ib(:
Customer shall be responsible for installation in conformance with all c(:des, miles and regulations
applicable to the installation and maintenance of water service lines upoI' the Customer':; premises.
All such lines shall be approved by the Director ofOOi~~~~~i~~ ~~,inspection hy the City
JUN 1 6 201)6 ~\ ~f
CUSTOMER REUJI(:; ~;~ I
Engineers The City shall have the option of either requiring the Customer to perform the work
ncc.";s;uv to conform the lines or the City may have the work performed on behalf ofthe Customer,
in WhICh case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf ofthe Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option ofthe City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
SY'A \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6'()6,doc
2
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA \AGMTS\ Water Service\Water Service Agreement - Rev 1-6"{)6.doc
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
CO~~AN. ' T FO~_ ANNE;xA Tr~ ~E!W~EN TlJE CITY OFt BOYNTON BEACH AND
~ \ D~'\ ';(:.j 01A P , ~>-f( ~ X ( O\A. + { (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
du.N&"" , 200~.
WITNESS:
.~ ~lihAfi)'1l1V/
Witness Si ature
- \J
Printed Witness Nam~
J.J'WltJ{ vt '~
Witne~s Signature .^ 1\ ; \ \
Ve I vY\ C\. rq Ie'"
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
/k14- Q4,~..z<:/
Ower Signature
I
N'A-L.-? ~ AI Sc..;'oru'h
Printed Owner Name
~~~~~
Owner Signature ,
S e h.4 s :;i/~ S C-) ~,u-h
Printed Owner Name
l\A\\
{
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FL )
~ -;) _ ) ss'
COUNTY OF to. (t'YlDelJc.&-<") .
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid . .an~ ",in L1he County aforesajd to take acknowledgments, personally appeared
~Jpl 5V(fAJrI!)eb()shCVl- 9;,'iA--ho me known to be the person(s) described in and who
executed the foregoibg 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: tOL s 5?;o .- i;l f - Lf 3 - I <i '1 - <J .
-.S S' 3 () - , ~ 0 - 38 - IIP~ - 0
A ;::~~SS my hand and official seal in the County and State last aforesaid this /fo day of
~ ,200V.
(Notary Seal)
My Commission expires:
.,.,.y~~
!~ r:
~ OF,..-.I
~ 8 V1l1Ur
Notary Public
Notary Public State 01 Florida
Carol A Mahoney
My Commission DD460414
Expires 08/1012009
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
1?4""A"h ,4, S c....~ f O~~ ( . /Sc bA.s ~I J4...v S cr ~SERT NAME)
.
CITY OF BOYNTON BEACH, FLORIDA
a Florida nicipal corporation
,
:If'
'~~l"
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 ~d in the County aforesaid to take acknowledgments, personally
appeared rl I1reJ.s n'li!..Y" , City Manager andD;...t"} €.. t prJL~V\ ~tb ,
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this I&'
cJ /..L..I1. -(, , 200k-.
day of
My commission expires:
,--J~
Notary Public
7TJ,.&
(Notary Seal)
.i':f.t;iJ;:., VAlORIE MOATS
l)-;-A~:.. MY COMMISSION # DO 346198
~.A~J EXPIRES: September 17, 2008
;"~i!f.~~"" Bonded Thru Notary PubNc Underwriters
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06,doc
5
THIS INSTRUMENT PREPARED BY:
James A, Cherat. Esquire
Goren, Cherat, Doody and Ezra!. P ,A,
3099 East Commercial Blvd,
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY o;t2:e lW\fuch'(
IlWe, /(,4,Lth 4. Sc/D".d-/ her7i.::L<"'H~ &/~..v.,?; '" , hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property descnbed 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 ofthis power is described as follows:
PCN No.: ot'J -"13 ,. "YS"'-/<t- OJ.. - of). - o~J.. /
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the /6 day of
~"l../t? /6 ,20 oband the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the...LL day of
~(nJt? I~; , in the year 20~t
Sealed and delivered in the presence of
~ (!1p A f) J / - OJ }J../wvYrafJA
WRnCff~ S~
(I {UJle((' I / - ~ lJ b-eIlyQJ1
Print Name 1 .
V~CA ~
Witn~,~ ss Signature tA A ' \\
Ye\ W\c\. YV\ \ ~ ~
Print Name
c-. (, A~lj)) 1~(JiYC
~itrhe~uberm{lfl
Print Name '
J~Q V~
. \fitIlfss J\, '\ \
'Ie \ VV\.D W\ \ ,e '\
Print Name
1:t/;..4d € ':;Z;:;
o r Signature.
1</1t,<Jt, ff$ 4;. J D /l/ >4
Print Name
~/~~,
I I S I
_ q GM,(5 -1-, ./1n/ c:- /~'/-)
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
') THE FOREGOING INSTRUMENT ~ acknowled,ged ,before me this ~ day of
/{,.<~, 2001p, by , 41 ph JC I <ft\ h and
O~..~(~tiLVv- StIJ).ki ,~:h.Q____N~ known to me or who have produced
,('?L S.')30- -, ~ 0 - 3 if -/~(o , as ide~and who did/did not take an oath.
. .5J30r.;lJ 1../3 1'67-D ~ ~
N~TAR, , Y PUBL~. ' L eJ:::A
L(itT)l VY\. CL y\'(f)~ ~
Type or Print Name
Commission No. bD %0 If'' III
My Commission Expires: 1> - , 0 Of
S:\CA\AGMTS\Water Servicelpower of atty. doc - 1-6-06
H:\1990\900 1 82.BB\AGMT\Power of Attorney-Ind 1-30-06.doc
li~
~o, p.;I
Notary Public State of Florida
Carol A Mahoney
My Commission 00460414
Expires 08/1012009
palm Beach County Property Appraiser Property Search System
Page 1 of2
Property Information
Location Address: 3510 BARKI5 AVE
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-19-02-012-0221
Subdivision: WE5T BOYNTON PLAT 2A
Official Records Book; 09220 Page: 1100 Sale Date: Mar-1996
WE5T BOYNTON PLAT 2A LT 22 (LESS W 15 F T), LTS 23,248< 25 BLK 12 A/K/A
Legal Description: AVONDALE PINES UNREC LT 92
Name: SCIONTI SEBASTIAN 8<
Owner Information
Mailing Address: 3510 SARKIS AVE
BOYNTON BEACH FL 33436 2719
Sales Information
Sales Date Book/Page Price sale Type Owner
Mar-1996 9922.0/11,00 $100 QUIT CLAIM
Nov.1982 03830/0100 $75,000 WA RRANTY DEED
Dec-1980 03425/1423 $66,000 WA RRANTY DEED
Exemptions
Regular Homestead: $25,000
Year of Exemption: 2006
Total: $25,000
Appra Isa s
Tax Year: 2005 2004 2003 Tax Year 2005
Improvement Value: $103,387 $96,413 $79,796 Number of Units: 1
l.and Vaiue: $64,000 $42,000 $38,519 -*Total Squ~lre feet: 1980
Totai Market Value: $167,387 $138,413 $118,315 Acres: 0.20
Use Code: 0100 Description: RESIDENTIAL
* in residential properties may indicate living area.
and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable value:
4005
$88,593
25,000
63,593
2004
86,013
25,000
61,013
Tax Values
Tax Year:
Ad Valorem:
Non Ad Vi'Jlorem:
Tota! Tax:
2005 2004 2003
$1,212 $1,190 $1,162
$276 $224 $225
$1,488 $1,414 $1,387
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All Owner
Page 1 of 1
All Owner(s)
peN Number:
00-43-45-19-02-012-0221
Owner Names
RALPH SCIONTI
SCIONTI SEBASTIAN 8<
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