R07-070
II
1 RESOLUTION NO. R07- 070
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND THE JOURNEY
9 COMMUNITY CHURCH; PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 water and sewer service area, located at 7648 High Ridge Road, Boynton Beach, Florida; and
15 WHEREAS, the parcel covered by this agreement includes a single lot with a church
16 building located in the unincorporated portion of the City's utility service area; and
17 WHEREAS, a water distribution main is already existing allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and The
28 Journey Community Church, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Joumey Church Water Service Agreement.doc
II
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PASSED AND ADOPTED this ~ day of July, 2007.
Attest:
CITY OF BOYNTON BEACH, FLORIDA
.~
S:\CA\RESO\Agreements\Water Service\Joumey Church Water Service Agreement.doc
" ()'l- tJ70
11111111111111111111111
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
CFN 20070351160
OR BK 21956 PG 1137
RECORDED 07/20/2007 16:07:05
Pal. Beach County, Florida
Sharon R. Bock,CLERK & COftPTROLLER
Pgs 1137 - 1155; (19pgs)
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this 3 day of). . .J'^-J, ,200 l by and between
:JOL>rY\~'i (0 1"'\ ~," ;b, Chv r~ (N~e of (1 rporation), hereinafter called the
"Customer'l, and the CITY'OF BOYNTON BEACH, a mUnIcIpal corporatIOn of the State ofFlonda,
hereinafter called the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation ofthe property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ~ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installat9t) :tD<l4ijaittenlfleelsffwater 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
3:)1.:1:.10 S.WJT1:J AIIJ
H:)V38 HOINA08 .:lO All8
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option ofthe City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
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 shall be binding on the Customer
and all subsequent transferee, 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
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
2
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)
3
*
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~ess Si~o; ,. JJ
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FOR CORPORA TE NOTARIZATION:
STATEOF rlontLt
COUNTYOF Pbl'\.~
CORPORATION AS OWNER(S):
BY:~~ g~
Its: ~~'J.€/\-t
~ob~rr S (0 t-t" 13 ~V~~
Print Name and Title
{CORPORATE SEAL}
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)ss:
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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" per~qnall)' appeared
~Pd- .,}(07r &+- as fruL'leJJ of;JDu.rrl~ Urnnu.u>>fj {$.4r.Jfumed in the
foregoing agreement and that he/she acknowledged executing the same In the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation
and that the Corporate seal affixed thereto is the true corporate seal of said Corporation.
State last aforesaid this 8/i! day of
Witness my hand and official seal .
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By:
Kurt Bre sner, CI y Manager
ATTEST:
~t
( CI Clerk
'tn.
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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 ~nd .b the County af~resaid to take...ac~owle~me?t~, per~onally
appeared Ur-f ~ It I J,U/L-LA._ , CIty Manager and .::/ v~ )\..L-f i/t-0lCJ~~) ,
City Clerk respectively, of the City named in the foregoing greement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal affixed thereto is the true corporate seal of said City.
A A :VITN~SS my hand and official seal in the County and State last aforesaid this (f
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(N~(ary sea{J
day of
~v p~ Notary Public State of Florida
J>.J ~ Carol A Mahoney
~ ~~ i My Commission 00460414
~OF,.# Expires 08/10/2009
My Commission Expires:
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'Notary Public
S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doc/rev. 1-6-06
H:\ 1 990\900 1 82.BB\AGMT\Water Service Agreement (Corp) - Rev 090205-rev 1-6-06.doc
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IN WITNESS WHEREOF, we have hereunto set our hands and seals the.8iJI day of
, in the year 206 7 .
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Witness Signatu
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Print Name
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Witness Signatur
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Print Name I
STATE OF .ft on'd.-o-
COUNTYOFJI~n~~
Corporation Name: JOV(lH.1 Cvmn1"'/h1~ (l""f1\
By: a;&t~ .it,U (j cwgL [(Jr~s.)~/)
Print Name and Title:-BQbe(t ~Co+t- (JCl.U~1A. CPres)
ATTEST
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Secretary
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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
'''Ko()~f- f.CDrr ~'L as Pruth4 Of~tLrt1~(IA?flJl1lU~ryCi~ni,amedinthe
foregoing agreement an that he/she acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in him/her by said
Corporation and that the Corporate seal affixed thereto is the true corporate seal of said
Corporation.
y Witness my hand and official seal in the Conoly and State last aforesaid this ~~ day of
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H:\ 1990\900 182.BB\AGM1\Power of Attorney-Corp 1-6-06.doc
THIS INSTRUMENT PREPARED BY
James A. Cherof, Esquire
City of Boynton Beach
100 E .Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, P.rkr+ 5t<A+ &.~'"' as Corporate Representative of
J'ou:-'I\~1 c..ct'Y\.,""v.'\;r, C"""vrA , 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:
PCNNo.: OO\'i3L(S'Oq.l)O.0 OO.f)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 day of
\ AI.. J~./\ ,2007 and the powers and authority shall be irrevocable by Grantee.
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Palm Beach County Property Appraiser Property Search System
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Property Information
location Address: 7648 HIGH RIDGE RD
[""'dl'~i'" '. '
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-00-000-7031
Subdivision:
Official Records Book: 21616 Page: 526 Sale Date: Mar-2007
legal Description: 9-45-43, N 159.82 FT OF W 135 FT OF N 2/3 OF SW 1/4 OF NW 1/4
OF SW 1/4 /LESS W 25 FT FOR HIGH RIDGE RD R/W/
Owner Information
Name: JOURNEY COMMUNITY CHURCH INC
I~, AIU1W_.~,,"1
Mailing Address: 7648 HIGH RIDGE RD
BOYNTON BEACH FL 33426 9328
Sales Information
Sales Date Book/Page
Mar-2007 21616/0526
Feb-2007 21455/0300
Price Sale TYPe Owner
$1 QUIT CLAIM JOURNEY COMMUNITY CHURCH INC
$240,000 WARRANTY DEED JOURNEY COMMUNITY CHURCH INC
Exemptions
Regular Homestead: $25,000
Total: $25,000
Vear of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
land Value:
Total Market Value:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 1760
Acres: 0.40
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assesse an axa e a ues
Tax Year: :zQQ(i 200S 2004
Assessed Value: $70.124 $68.082 66.099 [A~tr.ft-08tAII+k,1
Exemption Amount: $25.000 $25,000 25.000
Taxable Value: $45.124 $43.082 41.099
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Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006 200S 2004
$824 $821 802
$264 $243 191
$1.085 $1.064 993
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Vaiue Adjustment BOilrd I Silve Our HOmes I Senior Corner I Dis.cl.aimer
Horne I Links I GI()ssary I FAQ I Forms I Contact .Us I PAPA
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http://www.co.palm-beach.fl.us/papa/aspx/web/detail_ info.aspx?p _ entity=0043450900000703I &geonav=... 6/13/2007
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
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Owner Information
peN: 00434509000007031
Page 1 of 1
Name' JOURNEY COMMUNITY
. CHURCH INC
location: 7648 HIGH RIDGE RD
Mailing: 7648 HIGH RIDGE RD
BOYNTON BEACH FL 33426
9328
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Mar-2007
Feb-2007
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Palm Beach County Property Map
Map Scale 1 :2598
http:// gisweb .co. palm- beach. fl. us/ipapagis/presentation/mapping/printnew.asp ?MAPURL= http://gisweb.c... 6/13/2007
Map produced on 6/13/2007 from PAPA
http://www.pbcgov.com/papa
This instrument prepared by:
Return to:
John Daniel Nyce, Esq.
P.O. Box 11071
Ft. Lauderdale, FI 33339-1071
[space above this line for recording data]
WARRANTY DEED
(statutory form--~Section 689.02 F.S.)
This Indenture, made this 14th day of February 2007
Between
Donald D. Forrester and Delilah J. Forrester, alkla Delilah Jane Forrester, his wife,
of the County of
and
Palm Beach,
and the State of
Florida,
grantor* ,
The Journey Community Church, Inc., a Florida Not-For-Profit Corporation,
whose post office address is: 7648 High Ridge Road, Boynton Beach, Florida 33426
of the County of
Palm Beach
and the State of
Florida
grantee * ,
Witnesseth: That said grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good and
valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, sold and conveyed to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Palm Beach County, Florida, to wit:
The South 70 feet of the North 159.82 feet of the West 135 feet of the North 2/3 of the Southwest
Quarter (SW ~) of the Northwest Quarter (NW ~) of the Southwest Quarter (SW ~) of Section 9,
Township 45 South, Range 43 East, Palm Beach County, Florida, less the West 25 feet thereof, as
recorded in O.R. Book 861, Page 1048 of Palm Beach County, Florida.
Together with the North 89.82 feet of the West 135 feet of the North 2/3 of the Southwest Quarter
(SW-1/4) of the Northwest Quarter (NW~) of the Southwest Quarter (SW~) of Section 9, Township
45 South, Range 43 East, Palm Beach County, Florida, all less the North 15 feet on the North portion
of the subject property for road Right-of-Way and less the West 25 feet thereof, as recorded in O.R.
Book 1612, Page 32 Palm Beach County, Florida.
PARCEL IDENTIFICA nON #00-43-45-09-00-000-7031
Warranty deed
Page 1 of2
(space above this line for recording data)__
Subject to restrictions, reservations, easements and limitations of record, zoning ordinances, if any, and taxes for
the current year and subsequent years, provided that this shall not serve to reimpose same.
Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
· "Grantor" and "grantee" are used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above
written.
Signed,
witness
$~~<>-~~
Grantor Donald D. Forrester, a married man
7648 High Ridge Road, Boynton Beach, Florida 33426
1/, S f:f~hiitness
witness r;:;:>
print name' A~ r~
Grantor Delilah
a married woman
7648 High Ridge Road, Boynton Beach, Florida 33426
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this 14th day of February, 2007 by Donald D. Forrester
and Delilah J. Forrester, a/k/a Delilah Jane Forrester, his wife, who a ersonall well known to me or who
have produced their driver's licenses as identification and who did t an oath.
JOHN DANIEL NYCE
MY COMMISSION # DO 514368
EXPIRES: March 24,2010
Ilcndld Thnl Notary Public Undllrwriltll
warranty deed
page 2 of2
BILL
OF SALE
KNOW ALL MEN BY THESE PRESENTS, THAT
(Seller's) Donald D. Forrester, and Delilah Jane Forrester, his wife, of the County ofBroward, and State of
Florida, for and in consideration of the sum of Ten ($10.00) Dollars lawful money of the United States, to
them paid by The Journey Community Church, Inc., (Buyers), the receipt whereof is hereby acknowle,qged,
has granted, bargained, sold, transferred and delivered and by these presents do grant, bargain, sell, transfer
and deliver unto the said Buyer's, their Personal Representatives, and Assigns, the following goods and
chattels:
All fixed items including all landscaping, window screens, window treatments and hardware, wall-to wall or
attached floor coverings and attached lighting fixtures as installed on the subject real property at the time of
execution of the purchase and sale contract between the parties, said personalty located at: 7648 High Ridge
Road, Boynton Beach, FI 33426
And specifically;
range, refriger~tor, dishwasher, ceiling fans, light fIxtures, window treatments, gas water heater, outside
grill, washer a~d dryer, two AlC units and cast iron tub.
To have and hold the same unto the Buyer's, their Personal Representatives and Assigns, forever.
And the Seller'::; do, for themselves and their heirs and Personal Representatives covenant to and with the
Buyer's, their Personal Representative's and Assigns, that Seller's are the lawful owner's of the said goods and
chattels; that they are free from all encumbrances; that they have good right and title to sell the same aforesaid
and that Seller's will warrant and defend the sale of the said property, goods and chattels hereby made, unto
the Buyer's, their Personal Representative's and Assigns, against the lawful claims and demands of all persons
whomsoever.
OF, THE Seller's have hereunto set their hands and seals dated below.
~e~
Donald D. Forrester,
seller
State of Florida
County of Palm Beach SS:
My commission expires:
4I':..I....~.rv.~...~: JOHN DANIEL NYCE
i.": _. MY COMMISSION H DD 514368
\\ .~j EXPIRES: March 24, 2010
'~ilf.~w.", ilonded Thru NoIJry Public Uni.rwrtlers
e, or who have produced their
COMMITMENT
AND
CLOSING PROTECTION LETTER
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Commitment To Insure Title
ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called THE FUND,
for a valuable consideration/. hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule
A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by THE
FUND, either at the time of the issuance of this Commitment or hy subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies is not the fault of THE FUND.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commitment
to be signed and sealed as of the effective date of Commitment shown in Schedule A, the
Commitment to become valid when countersigned by an authorized signatory.
~"""\\'\'~NSU''''''''',
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Attorneys' Title Insurance Fund, Inc.
By ~~
Charles J. Kovaleski
President
SERIAL
CF-
0674744
FUND COMMITMENT
Schedule A
Commitment No: 0674744
Effective Date: 2/7/07
Agent's File Reference: 1406
The coverages provided by the Closing Protection Letter printed on the inside cover of this commitment are
extended to the proposed insured(s) identified below.
1. Policy or Policies to be issued:
Proposed Amount of Insurance:
OWNER'S: ALTA Owner's Policy (10/17/92). (If other, specify)
$240,000.00
Proposed Insured: Tbe Journey Community Church, Inc.
MORTGAGEE: ALTA Loan Policy (10/17/92). (If other, specify)
$190,000.00
Proposed Insured: Charles R. Baugh
2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify
same) and title thereto is at the effective date hereof vested in:
Donald D. Forrester and Delilah J. Forrester, a/kla Delilah Jane Forester, his wife
3. The land referred to in this commitment is described as follows:
The South 70 feet of the North 159.82 feet of the West 135 feet of the North 2/3 of the Southwest Quarter
(SW Y4) of the Northwest Quarter (NW Y4) of the Southwest Quarter (SW Y4) of Section 9, Township 45
South, Range 43 East, Palm Beach County, Florida, less the West 25 feet thereof, as recorded in O.R. Book
861, Page 1048 of Palm Beach County, Florida.
Together with the North 89.82 feet of the West 135 feet of the North 2/3 of the Southwest Quarter (SW-
1/4) of the Northwest Quarter (NW Y4) of the Southwest Quarter (SW Y4) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, all less the North 15 feet on the North portion of the subject
property for road Right-of-Way and less the West 26 feet reof, a ecorded in O.R. Book 1612, Page 32
Palm Beach County, Florida.
P.O. Box 11071
Mailing address
Ft. Lauderdale
City
33339-1071
ZIp
John Daniel Nyce. Esq. 6208
issuing agent-attorney or firm of attorneys agent no.
FUND Form CF-SCH. A (Rev. 8/98) [486]
FUND COMMITMENT FORM
Schedule B
Commitment No: CF-0674744
I. The following are the requirements to be complied with:
Final owners title policy and lenders policy to be issued.
Payment of the full consideration to, or for the account of, the grantors or mortgagors.
Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record:
Warranty deed from Donald D. Forrester and Delilah J. Forrest, a/k/a Delilah Jane Forrester, his wife, to the Journey
Community Church, Inc., a Florida Corporation Not-For-Profit.
2 Mortgage from Journey Community Church, Inc., to Charles R. Baugh, his successors and/or assigns, as their interests may
appear, in the principal amount of$] 90,000.00.
3 Written evidence that all governmental authorities that city, county and other special district assessment road or improvement
liens and utility charges, including waste, water and sewer, gas and trash removal charges, if any, have been paid and that the
subject property is free and clear of any such governmental liens.
4 A satisfactory survey must be furnished with the minimum standards for land surveyors made for title insurance purposes,
certified to Attorney's Title Insurance Company, the buyers, and their attorney and the lender. Though a current date,
disclosing the nature and extent of any encroachments, overlaps, boundary line discrepancies or other matters adversely
affecting title to the property to be insured and/or its agents. Should the survey disclose building setback lines, easements,
encroachments, overlays, boundary line disputes or other adverse matters, they will appear as exceptions in Schedule B of the
final policies.
5 Seller must provide a standard Owner's No Lien Affidavit, showing no encumbrances upon the subject premises other than as
recited herein, and that there are no unpaid bills for labor performed and/or materials furnished for subject premises during the
last 90 days and that no party other than seIler or mortgagor is in actual possession of subject premises. Properly executed
affidavit will serve to delete the standard lien and possession exceptions on final policy.
6 SeIler must provide a FIRPTA Affidavit indicating that the Seller's are American citizens or has permanent residency status.
II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of The Fund:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this commitment.
2. Any owner and mortgagee policies issued pursuant hereto will contain under Section B the standard exceptions set forth at the
inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is
made, it is determined the current year's taxes or special assessments have been paid, and it determined there is nothing of record
which would give rise to construction liens which would take priority over the interest(s) insured hereunder (where the liens would
otherwise take priority, submission of waivers is necessary).
3. Any owner policy issued pursuant hereto will contain under Section B the following exception: Any adverse ownership claim by
the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially
exposed lands accreted to such lands.
4. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and
F.S. Sec. 55.201, et seq., F.S. respectively, which designate the Florida Department of State as the place for filing federal liens and
judgment liens against personal property. For insuring purposes:
(a). Pursuant to Sec. 713.901, et seq., F.S., personal property includes but is not limited to mortgages, leaseholds, mortgages on
leaseholds, interests in cooperative associations, vendees' interests and options when those interests are held by a partnership,
corporation, trust or decedent's estate; and
(b). Pursuant to Sec. 55.201, et seq., F.S., personal property includes but is not limited to leaseholds, interests in cooperative
associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note:
Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the
provisions of Sec. 55.201, et seq., F.S.)
Further this policy does not insure all of the following:
1. Any loss or damage resulting form a lien for assessments pursuant to section 718-116 (lXa) for unpaid assessments, or
718-116 (5)(a) Florida Statutes not withstanding any assurance to the contrary in any attached ALTA 4 Condominium
Endorsement or Florida Endorsement 9. (Mortgagee policy only).
~/.
/
""
-2. Any lien provided by Chapter 159 Florida Statutes in favor of any city, town, village or port authority for unpaid service
charges for services by any water system, sewer system, or gas system serving the lands described herein; and any lien for
waste fees in favor of any county or municipality.
3. Any lien or right to a lien for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the
public records.
4. Riparian or littoral rights.
5. Title to or any interest in, personal property.
6. Rights of lessees under unrecorded leases.
7. Title to or any interest in, personal property.
8. Title to any person in possession not shown by the public records.
9. Easements or claims of easements not shown by the public records.
10. Encroachments, overlaps, boundary line disputes, easements or any other matters which would be disclosed by an accurate
surveyor an inspection of the premises; alternatively, if a survey meeting the requirements of Sec. 627.7842 (1) (a) is
presented then only those encroachments, overlaps, boundary line disputes, and other matters which are actually shown on
the survey presented to and relied upon by the Fund in the issuance of this policy.
11. Quit Claim Deed for Right-of-Way recorded in O.R. Book 947, Page 25 Public Records ofPaIm Beach, County, Florida.
12. Subject to the Right-of-Way for High Ridge Road, as now laid out and in use.
13. Taxes: Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records. Taxes for the year 2006, in the amount of $1,044.18, have been paid. Taxes under folio number
00-43-45-09-00-000-7031, for the year 2007 are not year due and payable.
All documents hereinabove are recorded in the Public Records of Palm Beach County, Florida
ENVIRONMENTAL PROTECTION LIEN ENDOR')EMENT (ALTA, Form 8.1)
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Endorsement No.1 to Policy No. CF-0674744
The insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential
purposes.
Attorneys' Title Insurance Fund, Inc. insures the insured against loss or damage sustained by reason of lack of priority of the
lien ofthe insured mortgage over:
(a) any environmental protection lien which at Date of Policy is recorded in those records established under state
statutes as Date of Policy for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge, or filed in the records of the clerk ofthe United States district court
for the district in which the land is located, except as set forth in Schedule B; or
(b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except
environmental protection liens provided for by the following statutes:
N/A
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy
and any prior endorsements, nor does it extend the Effective date of the policy and any prior endorsements, nor does it
increase the face amount thereof.
In witness whereof, Attorney's Title Insurance Fund, Inc., has caused its name and seal to be hereunto affixed by its duly
authorized Agent as of the date shown herein, the effective date of this endorsement.
John Daniel Nyce
Name of Fund Agent
Date 2/14/07
6208
Agent No.
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Attorney's Title Insurance Fund, Inc.
By
Charles J. Kovaleski
President
ALTA Fonn 8.1 (6/89) Fund Fonn EPLl
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TEL (9~4) /~L-I~41
FAX. (954) 782-1442
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BOUNDARY
JOB NUMBER: SU- 07-0300
LEGAL DESCRIPTION:
THE SOUTH 70 FEET OF NORTH 159,82 FEET OF WEST 135 FEET OF NORTH 2/3 OF THE SOUTHWEST
QUARTER (SW-'/..) OF THE NORTHWEST QUARTER (NW-'/..) OF THE SOUTHWEST QUARTER (SW-'/..) OF
SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, EXCEPT THE WEST 25
FEET THEREOF, AS RECORDED IN OFFICIAL RECORD BOOK 861, PAGE 1048, OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH THE NORTH 89,82 FEET OF THE WEST 135 FEET OF NORTH 2/3 OF THE SOUTHWEST
QUARTER (SW-'/..) OF THE NORTHWEST QUARTER (NW-'/..) OF THE SOUTHWEST QUARTER (SW-'/..) OF
SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS A 15 FOOT ROAD
RIGHT~OF-WAY ON THE NORTH PORTION OF SUBJECT PROPERTY FOR ROAD RIGHT-OF-WAY, AS RECORDED
IN OFFICIAL RECORD BOOK 1612, PAGE 32, OF PALM BEACH COUNTY, FLORIDA.
ADDRESS:
7648 HIGH RIDGE RD BOYNTON BEACH, FL 33426
FLOOD ZONE:
BASE FLOOD ELEVATION:
CONTROL PANEL NUMBER:
EFFECTIVE:
C
N/A
120192-0195-B
REVISED: 6/2/1992
LOWEST FLOOR ELEVATION: N/A
GARAGE FLOOR ELEVATION: N/A
LOWEST ADJACENT GRADE: N/A
HIGHEST ADJACENT GRADE: N/A
REFERENCE BENCH MARK: N/A
CERTIFY TO:
1. JOURNEY COMMUNITY CHURCH, INC.
2. JOHN DANIEL NYCE, ESQ.
3. ATTORNEYS' TITLE INSURANCE FUND, INC,
4. ROBERT BAUGH
5.
6.
EASEMENTS ACCORDING TO THE PLAT THEREOF: NONE
ENCROACHMENTS ACCORDING TO THE PLAT THEREOF:
DRIVE ENCROACHES INTO RIGHT-OF-WAY ON WEST SIDE OF LOT.
NOTES:
1. THIS SURVEY CONSISTS OF A MAP AND A TeXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER.
2,
J.
1150 E. ATLANTIC BLVD.
POMPANO BEACH
FLORID A 33060
ACCUR.~TE LANQ SURVEYORS, INC.
L.B. #3635 ~'DF21' ~---
SHEET ; OF 2
TE~. (954) 782-14Ll
FAX. (954) 782-1442
~-;;?~ /-30---0 T-
ROBERT L 1l1OMPSON (PRESIDENT)
PROFESSIONAL SURVEYOR AND t,.IAPPER No.3B69 - STArr OF Fl...ORIDA
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NOTES:
1. UNLESS On€R'MSE NOTED flLED WEASUROIENTS ARE IN AGREEMENT NTH RECORD
WEASUREWENTS.
2. BEARINGS SHO~ HEREON ARE BASED ON A BEARING Of N88'45'14~ ALONG THE NORTH UNE
OF' lOT fJ BlOCK 1. PLAT BOOK PAGE PALU BEAOi COUNTY RECORDS
J, THE LANDS SHOYIN HEREON WERE NOT ABSTRACtED FOR OWNERSHIP. RIGHTS-OF-WAY,
EASEMENTS OR "'''TIERS Of RECORD BY ACCURATE L.>>I) SUR\IEYORS. INC.
4. OWNERSHIP Of' f'EHCES AND WAlLS, IF ~y NOT DElERWINED.
5. THIS DRA'MllING IS tHE PROPERTY Of ACCURATE l.NfO SUR~S, INC., AND SHALL
NOT BE USED FOR REPROOUCllOH IN ~Ol[ OR IN PART 'MTHOUT THE \lRlTIEN
AUTHORIZA 1U)N.
8. THIS SUR'IIEY CONSISTS OF A MAP ANO lEXT REPORT. ONE IS NOT VAUO WITHOUT
lHE OTHER.
7. nus SUR~ IS UAOE fOR THE EXClU5a\'E uS[ OF THE CERTlflEO HEREON. TO BE
'lAUD ONE YEAR FROM THE DAlE OF SURVEY AS SHO'M'f. '
8. THIS SlJRI/EY IS MAllE FOR MORTGAGE All) mu PlJRPQSES ONLY ANO SHOULD NOT
BE USED FOR DESIGN OR CONSlRUCTION PURPOSEs.
CERTIF1CA 1100'
THIS IS TO CERTIFY THAT I HAVE RECENTl Y SUR~O THE PROPERTY
DESCRIBED IN THE FOREGOING TlTU: CAPTION ANO HAVE SET OR rOUND
MONUMENTS AS INOICA TED Ctol THIS SKETCH AND THAT SAlD ABOVE
GROUND SURVE'\" AND SKCTCH ARC "CCUR" rr AND CORRECT TO 'niE
BEST Of" MY KNOWLEDGE ANO BEUEF. I FVRlHER CERTlFY THAT THIS
SUR'IIEY t.4EETS IiIIN'MUM TE01NCAl STANDARDS UNDER RUlE lSlC17-6
flORIDA AOW1NSTRATlYE COOE, ADOPTED BY ThE RORID" BOARD OF
LAND SURVEYORS, NAY 199~.
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01/22/07
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