R06-048
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OR BK 2003 G 1318
RECORDED 03/ 2006 08:25:38
Palm B County, Florida
Sh n R. Bock,CLERK & COKPTROLLER
~ t7 a.,aj.'a - 1324; (7pgs)
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'RO(, D48
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
TIllS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Connnercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
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TIllS AGREE~NT made on this ~ day of VY) 200~, by and between -.,J g' n ~ S (I'l
~Vltdk ~{)('i@ ~ Lc.uro.... 7<eAVJd~ her. afterc~Customer",andtheCITY ~~ g ~ ~ ~
OF BOYNT . BEACH, a municipa corporation of the State of Florida, hereinafter called the :: E: ~ ~ CO (I'l
"City". ... $.' ~
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WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of ~ ~ ~ ~ IS (I'l
Boynton Beach, Florida; and i ~ ~~ ~
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WHEREAS, Customer has requested that the City of Boynton Beach, Horida 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: (Exlnbit A)
2. The Customer and the City hereby agree that there are 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.
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"
1 Kenneth Begnoche and Laura Begnoche, which Agreement is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED thisffi/-' day of February, 2006.
Attest:
..... "1
'.1.. ,? / "r
4illGLij(1 f~ -/:JYJ4-V'l'
~ty Clerk .;/
(corporate seal)
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\Water Service\Begnoche Water Service Agreement,doc
THIS INSTRUMENT PREPARED BY:
James /\ ('herof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
!( O{;.o i..f Y
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREE~NT made on this ~ day of (h.,A<A~ 200~, by and between
1I&..R ~",.~ e ~ L..um. ~".,d,~ he.dlh.fter called file "Customer". and the OTY
OF BOYNT . BEACH, a municipa corporation of the State of Aorida, hereinafter called the
"City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Aorida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Aorida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City at
the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property descnbed as follows and which Customer represents is owned by
Customer: (Exlnbit A)
2. The Customer and the City hereby agree that there are li 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
Engmeers. 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 wlllch case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work perfonned, 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 ~d rate
schedules which are applicable wlllch 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 sball
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 tbe
irrevocable special power of attorney, but Customer's failure to provide such notice sball 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 i<; hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of all omey referenced herein is to be
recorded in the Public Records of Palm Beach County, FlOlida, 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,
impainnent or termination in water service to be provided under this Agreement due to any
prolubitions, restrictions, limitations or requirements ofJocal, regional, State or Federal agencies or
other agencies havingjurisdiction 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, [1fe, earthquakes, other casualties or other circumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold hannJess 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 orin 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 WTINESS WHEREOF, the parties hereto bave set their hands and seals this~. day of
-XJ.f\1 w''l ' 200.G.
WITNESS: INDIVJDUAL(S) AS OWNER(S):
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Witness SignaR;e Owner Signature
1)1 Df"\(\Q.L Ii\! t'~ ~e. r J:::enn ~{Z,p11l o.lOL,i,C-Y u rtil=..9 nod a..-
Printed Witness Name Printed Owner N;;:::;
~~~~. SHEILA KAY WALKER
i*: ~~ MY COMMISSION # DD 291177
~. . EXPIRES: February 16,2008
"'~kr. Bonded Thru NolaIy Public UndetwrII...
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Witness Signature
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/ Owner Signature
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Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
, "
1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
afwesaid . and . in the Count): aforesaid to take acknowledgments, personally appeared
i')P/7nr!1J ~ NOC~e., l' 2ot/ytI 1S0NCGJ~ to me known to be the
person(s) descrioed in and who executed tbe foregoing instrument that he knowledged before
me that he/she executed the same; that the individual w personall known to me r provided the
following proof of identification:
WITNESS my hand and official seal in the County and State last aforesaid this / (, day of
-
) 0. "U&\'7 ' 200h .
(Notary M1\ ~ 1ft UJ ~
,'~rv.:" SHEILA KAY WAlKER
.~t&,"'1f'
[.: ':~ MY COMMISSION II DD 291177 "Not' ary-"'Public (} ,
~ .~i EXPIRES: February 16, 2008
''If.iff.~~' Bonded Thru Notary P1JbIic Und8!writers
WITNESS:
~::;FACH' FLOIDDA
Kurt Bressner, City Man'ager
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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 and in the County aforesaid to take acknowledgments, personally appeared
KJJl'I:f &"....d.t:1/)(.J?,A) , City Manager and ~.p' , City Clerk
respectively, of the City named in the foregoing eement 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 c2 7 tivday of
d- .elJ- , 20~.
. . .
(Notary Seal) .~~~~ VALORIEMOATS
trb.'~ :*~ MY COMMISSION. DO 346198
?~.~~j EXPIRES: September 17. 2008
'..~Rt:;f,.~" &ndtd Thill NOtIfy f'Idc undIrIvIllIrt
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Notary Public
Approved as to fonn:
Qill~ $~
City Attorney
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Palm Beach County Property Appraiser Property Search System
Page 1 of I
_~ii~~'.1~:.,~;:,},.t"mirty.~!J)f~IS~r's Public Accus System
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Property Information
Location Address: 1166 ALTO RD
t;diiGJ~R~"i;&~1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-3000
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 17895 Page: 549 Sale Date: Nov-2004
LeQal Description: RIDGE GROVE ADD NO 1 LT5 300 &. 301
Owner Information
Name: BEGNOCHE KENNETH &.
~~ners;-l1tI)
Mailing Address: 10400 W TARA BLV
BOYNTON BEACH FL 33437 3514
Sales Information
Sales Date
Book/Page
Price ~JILTyp_e
Owner
I" -". All satesdd&J7Art.j
.~",,,,,,__.'.""""".>.'.,,,,,,,!!',,,.,._._,"~v~._,,, 'H.
.,_c'~~'''4:f7''''...*.'-
Nov-2004
17895/0549
$60,000 0 EED OF TRUST
BEGNOCHE KENNETH &.
Sep-1998
10743/035Q
$100 WA RRANTY DEED
STRAUB JAMES W TR
Dec-1997
1042.4Ll.311
$100 QUIT CLAIM
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
2005 2004 2003
$73.734 64,97 62,131
$33,689 18.51 16.640
$107,423 83,48 78,771
Tax Year 2005
Number of Units: 2
*Total Square Feet: 1390
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
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ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $107 423 $83,48 $78771 lidmWUM'~
Exemption Amount: $0 $ $0
Taxable Value: $107,423 $83.48 $78,771
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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detail on one page.
Record Search I Information I !=xemptions I Community I Emplovment I NeIN Home Buver I Office Locations
Value Adiustm~J1t Board I Save Our Hom~ I Senior Corner I Disclaimer
Home I Links I Glossary I E8Q I form~ I Contact Us I PAPA
@ 2004 Palm Beach County Property Appraiser.
G-~A
http://www.co.pa1m-beach.fl.us/papa/aspx/web/detail_info.aspx?p_entity=0043450909000...1/17 /2006
All Owner
Page 1 of 1
All Owner(s)
PCN Number:
00-43-45-09-09-000-3000
Owner Names
BEGNOCHE KENNETH 8t
BEGNOCHE LAURA
http://www.co.palm-beach.fl.us/papalaspxlweb/allOwner.aspx?entity_id=00434509090003...1/1712006
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 'PaJIM- Tlecu2-['-.
I~ kflM't2..f-h...~Nlc-ke ~ i.D.u.ra.. &~~rJr)d.e. hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete.::
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
00 - 4: 3 .-.l.fS - oq - C/l,- {)oo -.3 000
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 h day of
~~V\~LJ---' 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 -:Janua.r y , in the year two thousand and 06
Sealed and delivered in the presence of
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~{Ctnt1tL. ~ ~ ~^Je..s.J.ouer
nnted Witness Name
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Owfler Signature
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Printed Owner Name
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Witness Signatur
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Printed Witness Name
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Printed Owner Nam
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Witness Signature'
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Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
"""'"
~.~\if.':fl;?t:< SHEILA KAY WALKER
f*:' ':*~ MY COMMISSION # DD 291177
:;;!,. ~~s EXPIRES: February 16, 2008
!iI,' .' Bonded Thru Notaly !'ublle UndeJwrilers
My Commission Expires:
POA.IND
Type or Print a
Commission No.
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Location Map - 1166 Alto Rd