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R06-048 1111111111111111111111I _"r~ ~--..... ..". 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) 1111111111111111111111I '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 "'O(J)~::OOC1 I.C :r m t!1.......... ta IlJ ....- n t'1p" · J ..,.0 Z so =t' ,,~tc',=,ttI ..... to t'1:;':~. , co=-:tiS'C' .;. y n !.;:at 11_ ~ I ~ S~"S 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". ... $.' ~ , ='C .." 'tI - t.Q ~.....Glt-" WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of ~ ~ ~ ~ IS (I'l Boynton Beach, Florida; and i ~ ~~ ~ -0 to" r- .... ...co = o r- r- ~ 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. 1 " 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 \ , I ,/ / // IsslOner Co~er (, ~--\.- i.' 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): J) ~.4.. L..~ ;L./;? 6-~--C< ~A l3Yru~ 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... ~ /).v/s tUJ ~<:r,' cl< Witness Signature , . ~v44 ~~ Printed Witness N ~j, 3 ~~/U~ ~ ~,/,-- / Owner Signature ~ 6rn/~ 1) i fMfW.. "-\ I G J~r Printed Witness Name /(e Y)" e-!-h bfd tJ () c,A & Print ed Owner N a e f q U rtI t.C (j lJochL . ./ LW;" ..w~ Witness Signatur n 0/<; 'hJ <1 ~Il C~ 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 ~wL~ ~ 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 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 7~~mud1 Notary Public Approved as to fonn: Qill~ $~ City Attorney -~-. 5 Palm Beach County Property Appraiser Property Search System Page 1 of I _~ii~~'.1~:.,~;:,},.t"mirty.~!J)f~IS~r's Public Accus System ~1f(vl~AXtJ~' M" ::::' . ;;: /~).~ . ) 01& )t;I'~1 (J.... T' "'" "'~ f ~ r . :if. _d:::A;;,t;1' ;,.; ~~ "'''' r' . Y;.W$Pegl'~;:~,i\~~l1i!~: ~~:w'~;"",,,,l\U~ ,,,-,,, ~ N),,<>> 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. A d dT bl V I 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: ~Qi~HI IjiJillii,....... Dfl,tAlkt"'d' '21...j ~&ea~J liJi*B~eaaet'iil 1~;;iJi;@~t@iili"il&;@!il NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I !=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 J~#e'~ ~{Ctnt1tL. ~ ~ ~^Je..s.J.ouer nnted Witness Name 16 .~,~.~ Owfler Signature J'MIJ.efrl 1S9/'J{h~G Printed Owner Name ~.,w~ Witness Signatur IJ JI, 's 'J,./ ~ -r/cf:; Printed Witness Name Q!e~l~ ~ \) 1"'- v". ~ ~ ~ Lc.J~ u-if Printed Witness Name o~re~ak- lquyt/ Cf!J-.~(Jd e- Printed Owner Nam ~~ Witness Signature' AM~ 'lAJ ~ 'j-,. L/<. 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. ~~~ UU9U I o1or'Ll 013J' '- I , I I , I , ~ I ./ ... 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LJ 0100 OS8G 0890 0910 0930 0950 0980 0991 Oil 021 1030 M1G 0420 0470 0481 04.1 1 0520 ~~5 L~ Location Map - 1166 Alto Rd