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APPLICATION APPLICATION TRACKING LOG PROJECT TITLE: BOYNTON COMMERCE CENTER FILE #:MSPM 99-004 PROJECT LOCATION: S.W. Comer of 195 and Woolbright TYPE OF APPLICATION: MPMD PUBLIC NOTICE REQUIRED: (Y IN) 0 REVIEWER'S NAME AGENT: ADDRESS: AGENT PHONE: FAX: DATE REC'D: AMOUNT: RECEIPT NO.: t 2 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: 2 OF t 2 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 APPLICATION/SUBMITTAL: DATE ACCEPTED: DRAINAGE PLAN 0 ELEVATION VIEW DRAWINGS 0 COLORED ELEVATIONS RECEIVED 0 MATERIAL SAMPLES RECEIVED 0 PHOTOGRAPHS RECEIVED 0 DATE DENIED: DATE OF SUBMITTAL ACCEPTANCE LETTER: DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES: COMMENTS DUE 9/28/99 I INITIAL t ST REVIEW MEMO: DATE SENT: I MEMO NO. t ST REVIEW COMMENTS RECEIVED I RETURN DATE: DATE DATE UTIL. P.W. PARKS FIRE POLICE PLANS MEMO# o o o o o PLANNING BLDG ENGR FORESTER MEMO# DATE OF LETTER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS: 90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID: DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW: PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: AMENDED APPLICATION 0 2 OF12 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 2ND REVIEW MEMO: DATE SENT: DRAINAGE PLAN 0 ELEVATION VIEW DRAWINGS 0 COLORED ELEVATIONS RECEIVED 0 MATERIAL SAMPLES RECEIVED 0 TRANSPARENCY RECEIVED 0 PHOTOGRAPHS RECEIVED 0 MEMO NO. RETURN DATE: 2nd REVIEW COMMENTS RECEIVED PLANS MEMO# DATE PLANS MEMO# DATE UTIL. 0 PLANNING 0 P.W. 0 BLDG 0 PARKS 0 ENGR 0 FIRE 0 FORESTER 0 POLICE 0 BOARD MEETING DATE: LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED: DATE: BOARD: CITY COMMISSION: DATE: DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE: S:\FORMS\TRACKING LOG FORM DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE: .- Basehart Consulting. Inc. Planners 333 Southern Boulevard, Suite 200 West Palm Beach. Florida 33405 Phone: (561) 833-3114 Fax: (561) 833-3293 September 7, 1999 Mr. Michael Rumpf. Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach. Florida 33435 SUBJECT: REQUEST TO MODIFY THE MASTER PLAN FOR THE BOYNTON COMMERCE CENTER P.I.D. Dear Mr. Rumpf: Please accept this letter as our request on behalf of Lowe's Companies. Inc.. to modify the Master Plan of the Boynton Commerce Center P.LD., by removing Parcel3A The reason for this request is to enable the property to be combined with the adjacent property to the north, for the purpose of independently developing a Lowe's home improvement store. As companion applications to this request, we are requesting a Comprehensive Plan amendment and Rezoning ofParcel3A to make the Future Land Use Map designation and Zoning consistent with the adjacent property to the north. Also, we have made application to receive Conditional Use and Site Plan approvals for the overall combined property. The legal description for the subject property is: Parcel 3A of the Plat of Boynton Commerce Center, According to the Plat thereof. as recorded in Plat Book 46, Pages 126 & 127 of the Public records of Palm Beach County, Florida. We have submitted surveys of the property as a part of our Land Use Amendment and Rezoning application. Thank you for your attention to this matter. Very truly yours. ~(.~ Robert E. Basehart, AICP President Nm:PPRINT(804). Rq:4516.1 " Propet1y Appraiser's Tax Folio Nos. ~-14-()01~ and 08-43-45-32.14-002-0000 ~Y-18-Jl34 jj~g69t;1 \~1.392 i............... Can 1G.OO Doc .70 QUIT-CLAIM DEliO TRIS QUIT-CLAIK DEED, executed this 12th day of Kay, 1994, by WALLACE R. PLAPINGER, First Party, to WOOLBRIGHT PARTNERS, a Florida General Partnership, whose post office address is: 1620 South Federal Highway, Pompano Beach, Florida 33062 and whose Federal 10 Number is 65-0119601, Second Party, (Wherever used herein the terms IIFirst Party" and "Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so adm.its or requires.) W I ~ N B S S B T H: That the said First Party, for and in consideration of the sum of TEN AND NO/lOa ($10.00) DOLLARS, in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to certain property situate, lying and being in Palm Beach County, Florida, which property is more particularly described as follows: All that property more particularly described in Exhibit · A II annexed. The property conveyed hereby is not the homestead of the First TIN 1Mt1Un1ent PreplWfJ By: Donald S. RoHnberg, Esq. Roaenbelv. Reisman & Stein SuJte2600 , One $.E. T1'Jird A....nue i MiM'Ji, FL 33131 IT-r I l'Im:t-'~KINI(6U4). Rq:4516.2 ORB 826/-Ps 1412 Party and is not adjacent to or abutting any homestead of the First Party. First Party is a resident of Miami Beach, Dade County, Florida. First Party was fOI'llerly a partner of Woolbright Partners, the Second Party, which said Woolbright Partners continues in existence, and by the execution hereof the First Party will have and claim no further interest in the above property as a partner or individually. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. XH WITn8S WBBUO:r, the said First Party has signed and sealed these presents the day and year first above written. ~igned, sealed t:f. n the prese c "'l""'l_~i tness.s J:> C J,..I() JV,fU).. S-EAJ 0 C ~~~ Print Name WALLACE R. PLAPIN R 4412 North Bay Road Miami Beach, Florida 33140 STATE OF FLORIDA COUNTY OF DADE ) ) SS: ) On this 12th day of May, 1994, betore me, personally appeared WALLACE R. PLAPINGER, who is personally known to me, and who acknowledged to me the execution of the foregoing Quit-Claim Deed. WITNESS my hand and official seal in the County and State last aforesaid this 12th day of May, 1994. . My Commission Expires: NOJ'AR'/ PUBL!CSfATE OF r'_O:UDft COMMiSSION NO. CC1'\[l.129 2~~~C~~~~c~ l:i<P. .!t.!\.:. .~. :99~ I -~-_._-----....... 2 n--r I ......m:.r- --f"""".II""I' \.Ov....~. ~q:.:...O-1 0." ORB 826i ")9 1413 RECORD vtRIFIEO OOROTHY H WILKEN CLERK OF THE COURT - P8 COUNTY. Fl EXHIBIT "An LEGAL DESCRIPTION ANNEXED TO AND MADE A PART OF QUIT CLAIM DEED DATED MAY 12, 1994 GrvEN BY WALLACE R. PLAPINGER TO WOOLBRIGHT PARTNERS. All of Parcel 1 and all of Parcel 2 of the Plat of Boynton Commerce Center as recorded in Plat Book 46, at Pages 126 and 127, in the Public Records of Palm Beach County, Florida; Together with the improvements situate thereon and all furniture, furnishings, fixtures and equipment therein. -'-. .>_.~.-.~~-- - I I I I ". .- - " .. :4517.1 '. ~YI~$'j /. ~ ';\f;Jf:I. When Aecolded Rolurn To: ~~ /,/ .., Thomas C. Cobb, Esq, Scharlin, Lanzetta. Cohen Cobb and Etm United National Bank Building 1399 S.W. First Aveooe Miami, FL 33130 MR-Q9-1998 2: 10PII 98-081509 ORB 10269 P9 1510 ..1._- .""_.1_ 2,100,000.00 Doc 14,700.00 I Con Property Appraisers Parcel Identification Number (Folio Numbef): 08-43-45-32-14-003-0010 oe..43-45-32-14-OO3-ClO;) I Grantee Tax 1.0. Number SPECIAL WARRANTY DEED KNOW All MEN BY THESE PRESENTS, THAT BOYNTON COMMERCE ceNTER UMITED PARTN~~ a Florida Umled partnership, formerly known as Schmier and Horvitz Fund I Umitecl Partnership. hereinafter "Grantor," whose address is One C1earlake Ceme, Sum 400, 250 Australian Avenue South. West Palm Baach, Florida 33401, for and In consideration of $10.00 and other good and wluable consideration. the receipt of which Is hereby acknowledged, has granted, bargained, IIOld and conveyed, and by these presents, hereby grants, sells, bargains and conveys unto NAYAOT REAL 1Y L TO., a Florida limited partnership hereinafter "Grantee: whose address Is c/o Dalten Boynton II EnteIprises. Inc., 8479 Place Devonshire, Ville Mont.RoyaI, OUebec H4P 1 S5, CANADA. the real property described in Exhibit "A" attached hereto (hereinafter the 'Propeny"lying and being In Palm Beach County, Florida. TO HAVE AND TO HOlD the Property. together with all improvements thereon and aD tenements, hereditaments, and appurtenances thereunto belonging unto Grantee. its successors and assigns. in fee simple forever, SUBJECT TO applicable zoning laws, regulations and ordinances. SUBJECT TO all covenants, conditions, restrictions, limitations, reservations, rights-of-way, easements and agreements of record affecting the aforedescribed property as set forth In exhibit "S" 81tached hereto and made a part hereof. SUBJECT TO taxes and assessments for the year 1998 and all subsequent years. GRANTOR HEREBY COVENANTS with said Grantee that the Grantor is lawfully seized of said land in fee simple and that the Grantor has good, right and lawful authority to sell and convey said Ianel. AND GRANTOR DOES FURTHER COVENANT and bind Itself, Its 1UCCessors and assigns. to warrant and defend title to the Property to Grantee against the lawful claims and demands of all persons claiming by, through or under Grantor (other than the rights, interests, and claims described or referred to in Exhibit "B" attached hereto. but without restating same), but not otherwise. ÆExecuted this ~ day of February, 1998. In witness whereof, Grantor has caused its corporate seal to be aftlxed hereto, and this Instrument to be signed by Its duly authorized oftlcer on the date above written. . ~ ..,.;r- .- ". ",\\1""."'" "'\\\'~:I.\ . .. ""1 ," 1",- ."'..~ . o~t:~....i 1 ~ '.f.. :4-~.' ~'""' fl-... .~.... ~ ~ '\~."'I ,1l t)8 .. '~ F ~~ ~':..~t._ (1~.:~~a,' -.it.;.. !~: ~.;;y'1_' ,~'.i"'/" ~- \~~.."II.~~.~;~j~. ~ .. .. ""~I.~ ~ . ~ .... .~,. ~ -~ ..,," ~. . ~......,.. .~'~'.~T'. "'~" ~-,. ,1'\ . "L....' "'.... :f'I, 'v ...;j. I ~,'~:4'~\.' lIl'''''''&I,'I~'\~ ~'.'" .- BOYNTON COMMERCE CENTER UMlTED PARTNERSHIP A FLORIDA UMITED PARTNERSHIP BY: MIGIBOYNTON COMMERCE CENTER, INC" A FLORIDA COI1POllA;'OP ::H!~ Charles J. Stone, VIce Preslc:lent -' - .Nm:FlPRINT(804). Rq:451 7.::?~ Attest: /- . ~W~~ ORB 10269 P9 1511 - - . Name: STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this ~dsy of~. 1998. before me personally appeared Charles J. Stone and l<atNeen L Gutin. _ Vie. President and Assistant Secretary respectively of MIGIBOYNTON COMMERCE CENTER. INC., a corporation under the laws of the State of Florida. u General Partner 0' BOYNTON COMMERCE CENTER UMITED PARTNERSHIP. a Florida linited partnership to me known to be the persons described In and who executed the foregoing conveyance to NAYROT REAlTY lTD., a Florida limited partnef'Ship, and acknowledged the execution thereof to be their free act and deed as such offICerS, for the uses and purposes thet'ein mentioned; and that they affixed thereto the official seal of said corporation. and the said InstnJment is the free act and deed of said corporatiCln. They are personally known to me or produced identification Ail A and the'/ did/did not take an oath. WITNESS rf't/ signature and oftlclal seel at West Palm Beach in the County 01 Palm Beach and Stat. of Rorida. the day and year aforesaid. My Commission ExpIres "","' "-" ~6~io *1{* ~ ~ ~,.. ~ 'If" "" u.. M FJm My Coftlmiwbl. 0C686e03 ~ Sep. 17,2000 I:"m ?/W., rary Public This Docume~ was Prepared By: Robert A. D' Amore, P.A. 250 Aus1ralian Ave,.,.e. Suite 001 West Palm Beach. FL 33401 Send 8Ubsequent tax biDs to: Nayrot Realty Ltd. cia OaIfen Boynton II Enterprises Inc. AWl: Murray Dalfen, President 8479 Place Devonshire ViII. Mont-Royal Quebec H4P 1S5. CANADA ~..~ - :4517.3 _ . . ORB 10269 plJ 1512 . . EXHIBIT W LEGAl OESCRIPnqN Parcel -A-1 - All of Parcel. SA, 38 and 3C, less that part of Parcel 3C which Ia described in deed recorded in Official Records Book 9151, at Page 571. In BOYNTON COMMERCE CENTER. according to the Plat thereof, as recorded In Pla.tBook46, Pages 126 and 1 V, all in the Public Records of Palm Beach County, Florida. TOGETHER WITH: That part or Parce' sH of BOYNTON COMMERCE CENTER. according to the Plat thereof, as recorded In Plat Book 46, Pages 126 and 127 of the Public Records of Palm Beach County, Florida, described as followt: Begin at the Northwest comer of said Parcel SH; thence South 02"21'3~ West. along the Wesl.lIne of Parcel 3H ard along the West line of said Pial 649,01 feet thence South es-32'20" East 1 16,01 feet to the West \fle of the 50 foot ingress. egress and ~Ily easement as shown on said Plat 01 BOYNTON COMMERCE CENlER; thence North 2 ~1 '32" East, along said West. line 57.32 feet to a point c:I curvature of a curve concave Easterly with a radiJs of 575.00 feet and . central angle of 35~6'53"; thence Northerly along the arc of said curve and along the West. line of said easement, 355.74 feet 10 a polrc of reverse curvature of a curve concave Westerly with . radius of 464,00 feet and a centra' angle of ~'53"; thence Norther1y along the arc of said curve and .Iong the West line of said easement 287,07 feet to the South line of Parcel 2; thence, West. along said South line 308.85 feet to the said Po1nt of Beginning, Less that part thereof described In deed recorded In OffICial Records Book 9151. at Page 571 of the Public Records of Palm Beach County, FIotIda. AND TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UnUTlES DESCRIBED AS FOlLOWS: Commencing at the Northeut corner of Section 32, Township 45 South. Range 43 East. Palm Beach Counly, Florida; thence due West (assumed), along said North line of SectIon 32, a distance of 112.64 feet to a point in the West Right-of-Way line of the Seaboard Mline Railroad; the South 2CrO'1S-West, along said Westerly Right-of.Way Jine, a distance of 764.89 feet; then North 69"59'~West a distance of741.01 feet to the Point of Beginning of the Ingress, egress and utility easement to be herein described; thence South 21 "07'SS"West . distance of 178.19 feet to . point of curvatur. of a curve concave Westerly with. rad&Js of 514.0 feet and a cervaJ angle of 1 fr40'29"; thence Southerly along the arc of said curve 149.59 feet to . point of reverse curvature or a curve concave Easterly with a radius of 525.00 feet and a central angle of 13-45'11 "; thence Southerly along the arc of said curve a dislance 01126,02 feet; thence continue along . curve with a radk.ls of 525.00 feet and a central angle of 21-.1' 4~ thence Southerly along the arc Of said curve 198.79 feet 10 tangent; thence South :r21'32" West a distance or 56.54 feet; thence North 88'32'20" West a distance of SC),01 feet, thence North 2"21'32" East . dislanCe of 57.32 feet to a point of CUMltUr. of curve concave to the East; thence North along the arc of said curve having . radius of 575.00 feet and a central angle of 35"'28'53" a distance of 355,74 feet to a polrc of reverse curvature of a curve concave to the West; thence North along the arc of said CU'V8 having a radius of 464.00 feet and a central angle of 35"26'lW a distance of 287.07 feet to. point: thence North 2"21'32" East. distance of ~.61 feet to a point In the Southerly Right-Of-Way line Of Woolbright Road, as shown In Pial Book 4, Page 85, Public Records of Palm Beach County. FIofid&: thence due East along said SouthertV Right-of.Way line a distance of 49.511eet; thence South ~ 6'SO" East a dlst.ance of 18."2 feet; thence North 8r4;3'10'" East a distance 01 29.32 teet; thence South 2"21'32"West a distance of 389.1g feet to the Point of Begimfng. Less any portion thereof d8SClibed in deed r8COlded in OCficial Records Book 9151, at Page 571 of the 0ffIc:1aI Records of Palm Beach County, Florida. - N :4517 4 -~---------4 . . III . ORB 10L69 pg 1513 DOROTHY H. WILKEN, CLERK PB COUNTV, Fl . . 1. EXHIBIT "B" PERMllTED llTlE EXCEPTIONS BOYNTON BEACH, flORIDA Restrictions. cledicationaand easements set out on the PlAT OF BOYNTON COMMERCE CENTER. recorded In Plat Book 46, Page 126, as affected by Deeds recorded In ornclal Records Book 4169, at Page 1064 and 1068, by Affidayit recorded In OffICial Recorda Book 4237, at Page 242, by Agreement recorded In OffICial Records Book 4738, at Page 827, and by AttIdavit recorded in OffIcial Records Book 4780, at Page 299, anci by Cklit.claim Deed record<<l in OIflCilIJ Records Book 5270. Page 1588. Eaaements in favor of FlorIda Power & Ught Company as set forth in InstlUment recorded In OffIcial Records Book 603, Page 55, Official Records Boo<< 3295. Page 268 and in Official Records Book 4228. Page 65, Easement in favor of the CIty of Boynton e.a.ch. Florida, as set forth in instrumert recorded In Official Records Book 2792, Page 1941. 1=-ement&JnJaVQ~of.JbLCly...o~ Besch. Florida. as sat forth in instruments recorded In Official Records Book 3042. Page 1765. Official Records Book 3383, Page 198 and in 0tfIc1a1 Recorda Book 3894. Page 1S01. Terms. provisions and easements as seI forth it Easement Al1'eement by and between Pylo~Boynton JoinI Venture, 8 Florida general pMnershiP of which Pylon Interstate Plaza Associates. Ii Florida general partnership, and GoIdome Boynton, Inc., . Florida corporation, .... pertners. Boynton Commerce Center Property Owners Association, lnc,. a Rorlda ncMor-prdJt c:orporation. and Boynton Commerce Center, Inc.. a Florida COfpOI'atfon recorded in OfficIal Records Book 4373, at Page 718. Easement and Agreement pertaining to paYing and median cuts as set forth In Mortgage Modification, Easement and Paving Agreement by an:t between Martin Hackman. as Trustee, S.J, Jarvis, IS Trustee and C. Wendall Collins, Richard L Shultz and Paul J. Abrams. as Trustees of the Boynton 3e Land Trust, and John Chappelear. Richard L. Shultz and Paul J. Abrams, as Trustees of the Boynton 12 Land Trust, recorded in Official Records Book 3985. Page 887, 2. 3, 5. 6. 7. Oil, gas and mineral reservations as set forth in Deed from the Trustees of the IntemallmptOVement Fund of the State of Florida, recorded in Deed Book 806, Page 321, The right of entry and exploration has been released by provislons 01 F.S. 270.11 (2). Easement granted to Menomh ReaI1y, LTD., a Florida limited partnership recorded in 0IfIciII Records Sook 9151, Page 571. 8. 9. Restrictions. covenarts, terms. conditions. easement rights in favor of other pe.rties. lien rights and property rights of Boynton Commerce Center Property Owners Association, Inc. HI forth in Decl8rationof Restrictions, dated February 29, 1996, recorded AprI <C, 1997 in Official Records Book 9729. at Page 1874, . amended by First Am<<ldment to the Declaration of Restrlctk:lns for Boynton Commerce Center Property Otvners Association. Inc. recorded in Official Records Book 9929. at Page 807 in the Public Records of Palm Beach County, Florida. EaaemenI rights granted to Palm Beech Realty Investors. Inc,. a Florida COl'J)OOltlon, Its successors and assIgnmenls. ~ Special Warranty Deed recorded in Official Records Book 9929. at Page 832- The following matters shown by SulVey No. 4109-10, dated November 5,1997. revised February 18, 1998 bit' Avirom & Associates, Inc.: (8) Ovemead wires, power pole and anchor In Parcel SA and ~y anchor along West side of Parcel3B located outside recorded easemeru and any easement rights associated therewith. (b) Power pole, rJlY pole. anchor and drainage pipe running from lake into canal right of Wf!tt West of IUbJect property all in Parcel 3H, located outside recorded easements and lift station located partly outskJe of platted lift station site and any easement rights and obligations associated therewith. (c) Encroactvnent of well enclosure Into railroad right-of-way and any consequences resulting from the forced removaS thereof, . 10. 11. NOTE: All of the recording information eontaJned her.. refers to the Public Records of Palm Beach County. Florida. unless otherNlselndicated. ~ Nrn:PPRINT(804). Rq:4516.1 ~ '. Property Appralse(a Tax Folio Nos. Q8-.43..i5-32-14-001..oooo and 00-43-45-32.14-002-0000 ~,{-18-i994 ]';1lP.JR 9!t--1 75392 ORB 0..c:06 pg 1 ~ 1-1 i............... Con 10.00 Doc .70 QUIT-CLAIM DEBD THIS QUIT-CLAIK DBED, executed this 12th day of May, 1994, by WALLACE R. PLAPINGER, First Party, to WOOLBRIGHT PARTNERS, a Florida General Partnership, whose post office address is: 1620 South Federal Highway, Pompano Beach, Florida 33062 and whose Federal ID Number is 65-0119601, Second Party, (Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) . I ~ N B 8 S B If H: That the said First Party, for and in consideration of the sum of TEN AND NO/lOa ($10.00) DOLLARS, in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to certain property situate, lying and being in Palm Beach County, Florida, which property is more particularly described as follows: All that property more particularly described in Exhibit "All annexed. The property conveyed hereby is not the homestead of the First 1m IMt1ument Preplnd By: Donald S. Ronnbetg, Esq, Rosent>eIg, Rei8man & Stein Su1t.8 2600 ( One S.E. Third A...nu. .. Miami, FL 33131 ., . .. ,_:_~~-----~~, - . . l....m:...-~KINT<804>. Rq:4516.2 ORB 826 L Ps 1412 Party and is not adjacent to or abutting any homestead of the First Party. First Party is a resident of Miami Beach, Dade County, Florida. First Party was formerly a partner of Woolbright Partners, the Second Party, which said Woolbright Partners continues in existence, and by the execution hereof the First Party will have and claim no further interest in the above property as a partner or individually. ~o HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. :IN WZTHBSB WBERBOF, the said First Party has siqned and sealed these presents the day and year first above written. ~igned, sealed t:f~ n the prese c ""'i"\_~itness.s J:> C J..,I() JV~.. S-!AJ~ c 0V!:~ ~~~ Print Name ) WALLACE R. PLAPIN R 4412 North Bay Road Miami Beach, Florida 33140 STATE OF FLORIDA COUNTY OF DADE ) ) 5S: ) On this 12th day of May, 1994, before me, personally appeared WALLACE R. PLAPINGER, who is personally known to me, and who acknowledged to me the execution of the foregoing Quit-Claim Deed. WITNESS my hand and official seal in the County and state last aforesaid this 12th day of May, 1994. . OFfICIAL NC1fARY SEAL I NOf.-\R'i PUBL!C sr ATE OF F'_O:UDft, COMMissrfH" NO. C(.;::l~().I29 .l~l:"'~~~~7f~~t:<P. _!I~!\.;. (0, :99~ 1 ~. ~......_-----..-.... My Commission Expires: 2 n----r I ...,m:~'-~I'" I {esv...}. r-c:q:.....o-, o.~ ORB 826( ")9 1413 ?ECORO vIRIFIEO UOROTHV H WILKEN CLERK OF il-E COURT - PB COUNTY, FL EXBI:BIT "AU LEGAL DESCRIPTION ANNEXED TO AND MADE A PART OF QUIT CLAIM DEED DATED MAY 12, 1994 GIVEN BY WALLACE R. PLAPINGER TO WOOLBRIGHT PARTNERS. All of Parcel 1 and all of Parcel 2 of the Plat of Boynton Commerce Center as recorded in Plat Book 46, at Pages 126 and 127, in the Public Records of Palm Beach County, Florida; Together with the improvements situate thereon and all furniture, furnishings, fixtures and equipment therein. ~,~~ - I II ,""--'" N.....!:!!;,PPRINT(B04). Rq:4517.1 D ' itfi /. ~ ~N. When Reco<ded RoWm To: ~~ / / /' \ Thomas C. Cobb, Esq, Scharlin, Lanzetta. Cohen Cobb and Ebn United National Bank Builcfmg 1399 S.W. First AvellJe Miami, FL 33130 MR-Q9-1998 2:10PIl 98-081509 ORB 10269 P9 1510 .........1..... 2,tOO,OQO.OO Dae 14,700.00 I Con Property Appraisers Parcel Identification Number (Folio Number): ~-14-003-0010 Oe-43-4~1.-003-00'31 Grantee Tax 1.0, Number SPECIAL WAPRANrY DEED KNOW AU. MEN BY THESE PRESENTS, THAT BOYNTON COMMERCE CENTER UMITED PARTNERSHIP, a Rorida limled partnership, formerly known as Schmier and HoNitz Fund I Umitecl Partnership. hereinafter "Grantor,. whose address is One Oearlak. Ceme, Sule 400, 250 Australian Avenue South, West Palm Beach, Florida 33401, for and In consideration of $10.00 and other good and valuable consideration, the receipt af which Is hereby acknowledged, has granted, bargained, IIOld and conveyed. and by these presents, hereby grants, sells, bargains and conveys unto NAYROT REALTY LTD., a Rorida limited partnership hereinafter "Grantee," whose address Is clo Dalten Boynton II Enterprises. Inc" 8479 Place Devonshire, Ville Mont.RoyaI, Quebec H4P 185, CANADA. the real property described in exhibit "A" attached hereto (hereinafter the .Property"), lying and being In Palm Beach County, Florida, TO HAVE AND TO HOlD the Property. together with all improvements thereon and all tenements, hereditaments, and appurtenances thereunto belonging unto Grantee. its successors and assigns. in fee simple forever. SUBJECT TO applicable zoning laws, regulations and ordinances. SUBJECT TO all covenants, conditions, restrictions, limitations. reservations, rlgtts-of-way, easements and agreements of record affecting the aforedescrlbed property as set forth In Exhibit .S" attached hereto and made a part hereof. SUBJECT TO taxes and assessments for the YeaI 1 gga and all subsec:fJent years. GRANTOR HEREBY COVENANTS with said Grantee that the Grantor is IawfuUy seized of said land in fee simple and that the Grantor has good, right and lawful authority to sell and convey said land. AND GRANTOO DOES FURTHER COVENANT and bind itself, Its successors and assigns, to warrant and defend title to the Property to Grantee against lhe lawful claims and demands of all persons claiming by, through or under Grantor (other than ttte rights. interests, and claims described 01 referred to in exhibit V attached hereto. but without restating same), but not otherwise. Executed this ~ day of February, 1998. In witnesa whereof, Grantor has caused its corporate ._ to be amxed hereto, and this Instrument to be signed by Its duly authorized offICer on the date above written. .-'~ v.: ~\\'lllll""", "'t\\.~\\, ., 'f'" ~,\ ""'- , ","i~ . ~~tl~'''.i t ~ '.~ " :.44~.. ~..'" {}.... .:.... ~ '. \.':C, . , . ' ~ ~ 'b~' ~ ~J.?e8/l~ .... ~i.. :::::R.t1it'i" .' "q,.~~.::.. -'~.L i~~~ ~;Az~ '~.r '/ ,. ~:;' ~ r. f1): ~,~. ~ -, ~ . ',.. ~ ..."J.",:.. ... ......,. i~:"IIli . ~ g~"...' . ..~.. ). ~.: .;: ~ . ....~...() .,~.~ ;#" 7"M I.~ . .r,... '(' ""'" 'v ....,j. ~,\y....\;.' ~/1''''''41,iu~'\~ ~." .' BOYNTON COMMERCE CENTER UMlTED PARlNERSHIP A FlORlDA UMITED PARlNERSHIP BY: MIG/BOYNTON COMMERCE CENTER, INC" A FlORIDA CORPORATION, :'VlN! ~ Charles J. Stone, VIce President - Nm:PPRINT(804). Rq:4S17.2 Attest: ~ . -1fIi.iit;;; ORB 10269 pg 1511 - - . STATE OF FLORIDA ) )ss: COUNlY OF PAlM BEACH ) I HEREBY CERTlFY that on this.dJ1:day of F.bruary. 1998, before me personaDy appeared Charles J. Stone and l<athleen L Gutin, .. Vlc:. President and Aulstant Secretary respectively of MIQIBOYNTON COMMERCE CENTER. INC., . corponrtlon under U\e laws of the State ot F\ork:fa, as Generaf Partner of BOYNTON COMMERCE CENTER UMITED PARTNERSHIP, a Aorida liMed partnership to me known to be the persons described In and who executed the foregoing conveyance to NA YROT REAL. 'TY lTD.. a Florida limited partnefShip, and acknawledged the execution thereof 10 be their free act and deecl as such otrcers. for the uses and purposes therein mentioned; and that they affixed thereto the official seal of saicJ COl'JlOf&tlon, and the said InstnJment is the free act and deed of said corporation. They are personally known to me or produced identJication All A and the'! did/did not take an oath. WITNESS mJ signature and otIIclal seal at West Palm Beach in the COUnty of Palm Beach and State of Aorlda, the day and YfJIJI aforesaid. My Commission ExpIres ~,.1 ~... ~6~io *iJ* <# ~ ~,." ~.. '.. It t\.' ..... M Flinn MyC4mrJ;' '~.OC.~n3 ....... Sep. fT, 2l>>O ~ "tn ?/;AA tary Public This Document was Prepared By: Robert A. D'Amore. PA 2SO Australian AVerwJe, Suite S01 West Palm Beach, FL 33401 Send lUbsequent lax bills to: Nayrot Realty lid. C/o Dalfen Boyrtcn " Enterprises Inc. Attn: Murray DaJfen, President 8479 Place 08YOnshire Ville Ucri-Royal Quebec H4P 1S5, CANADA "'---*M~'d - - - :4517.3 . . ORB 10269 P9 1512 . . EXHIBIT W I LEGAl DESCAIP110N ! i Parcel -A- 1 - All of Parcels 3A. sa and SC, less that part of Parcel 3C which is descn"bed in deed recorded in Official Records Book 9151, at Page 511, In BOYNTON COMMERCE CENTER. according to the Pial thereof, as recorded In Plat Book 46, Pages 126 and 127, all in the Public Records of Palm Beach County, Florida TOGETHER WITH: That part of Parcel 3H of BOYNTON COMMERCE CENTeR. according to the Plat thereof, as recorded In Plat Book 46, Pages 126 and 127 of the Public Records of Palm Beach County, Florida, described as followl: Begin at the Northwest corner of said Parcel 3H: thence South 02"'21'32'" West. along the West line of Parcel 3H ard along the West line of said Pial 649,01 feel: thence South es-32'2Q" East 116,01 feet to the West: line of the 50 fect Ingress. egress and utility easement as shown on said Plat 01 BOYNTON COMMERCE CENTER; thence North 2 ~1 '32'" East. along said West line 57.32 feet to a point ot curvature de curve concave Easterly with a radkJs 01575.00 feet and a c8llb'al angle of 35"'2fJ'53": thence Northefiy along the arc of said curve and along the West line of said easement, 355.74 feet 10 a pol~ of reverse cuMltUre of a curve concave Westerly with a radius of 464.00 feet lUld a central angle of ss-26'53"; thence Northel1y along the arc of said curve and along the West line of said easement 287.07 feet to the South line of Parcel 2; thence, West along said South line 308.85 feet to the said Point of Beginning. Less that part thereof described In deed recorded In OffICial Records Book 9151, at Page 571 of the Public Records of Palm Beach County, Florida. AND TOGElHER WITH AND SUBJECT roAN EASEMENT FOR INGRESS, EGRESS AND UllUTlES DESCRIBED AS FOlLOWS: Commencing at the Northeut corner of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida; thence due West (assumed). along said North line of SectIon 32, 8 distance of 112.84 feet to. point in the West Right-of-Way line of the seaboard Ai'11ne Railroad; the South 2CrQ'1 S- West, along said Westerly Right-of-Way Une, e distance of 764.89 feet; then North 69-S9' ~ West a distance of 741.01 feet to the Point of Beginning of the Ingress. egress and utility easement 10 be herein described; thence South 21-07'58' West a distance of 178,19 feet to a point of curvatur. of a ~~ concave Westerly with a rad1Js of 514.0 feet and a ceIVa! angle of 1 tr40'29"; thence Southerly along the arc of said curve 149.59 feet to a poi~ of revel'1i8 curvature of a curve concave Easterly with. radius of 525.00 feet and a central angle of 13.45'11 -: thence Southerly along the arc of said curve a distance of 126.02 feet; thence continue along a curve with a radk.la of 525.00 feet and a central angle of 21041'42"; thence Southerly along the arc of said curve 198.79 feet to tangent thence South 2"21'32" West. distance of 58.54 feel; thence North aa-:J2'2O" West a distance of 50.01 feet, thence North 2"'21'32" East a distance of 57.32 feet to a point of cuMItUre of curve concave to \he East; thence North along \he arc of said curve having a radius of 575.00 feet and a cemaJ angle of as-28'53" a distance of 355.74 feet to a poirt of reverse curvature of. curve concave to the West; thence North along the arc of said CtMVe having a radius of 464,00 feet and a central angle of SS"'26'~ a distance of 287.07 feet to. point; thence NoIth 2"'21'32" East. distance of ~,e1 feet 10 a point In the Southerly Right-of-Way line of Woolbright Road, as shown In Plat Book 4, Page 85, Public Records of Palm Beach County, Florida: thence due East along said Southerty Right-of-Way line a distance 0149.51 feet; thence South 2.,6'50" East a distance 0116.42 feet; thence North 8r4;J'10" East a distance of 29.32 feet; thence South 2"21 '37 West a distanCeof~.19 feet to the Point 01 Beg/nnlng. Less any portion thereof d8SCl'ibed in deed recorded in CXficial Records Book 9151, at Page 571 of the Official Records of Palm Beach COUnty, Florida - Nm: :4517.4 . .. . ORB 10269 pg 1513 DOROTHY H. WILKEN, CLERK PB COUNTY, Fl EXHlEIT "B" PERMllTED TInE EXCEPTIONS BOYNTON BEACH, FLORIDA 1. Restrictions. dedications and essemeru set out on the PlAT OF BOYNTON COMMERCE CENTER, recorded in Plat Book 48, Page 126, as affected by Deeds recorded In 0ftJc1a1 Record, Book 4163, at Page 1064 and 1068, by AffIdavit recorded In OffICial Recorda Book 4237, at Page 242, by Agreement recorded In Official Records Book 4736, at Page 821. and by AtftcIavit recorded in OffIcial Records Book 4780. 81 Page 299, and by Cluit-CIaim Deed recorded in Official Records Book 5270, Page 1588. 2. Easements in favor of Florida Power & light Company as set forth in InstlUment recorded In otrIclal Records Book 603. Page 55. Officlaf Records BooIc: sm. Page 268 and in Official Records Book 4228. Page 85. 3. Easement In favor of the CIty of Boynton Beach. Florida. as sat forth in instrulTlel"l recorded In OCficial Records Book 2792. Page 1941. --__4~EasementsJn._'avcL_oUb4LCity-oL~~ Florida. as set forth in instruments recorded in 0I'fic1a1 Records Book 3042. Page 1765, Official RecordS Book 3383, Page 1ge ard in OffIcial Records Book 3894, Page 1.501. 5. Terms. prov(sions &nd easements as set forth n Easement Agreement by and between Pylon-Boynton Joint Venture. a Florida general partnership of which Pylon Interstate Plaza Associates. a Florida general partnershIp, and GoIdome Boynton. Ire., a Florida corporation, .... pertners. Boynton Commerce Center Property owners Association. Inc" a Florida nct-fof-proflt corporation, and Boynton Commerce Center, Inc., a Florida COl'pOI'atlon recon:led in Official Records Book 4373. at Page 718, 6. Easement and Agreelller'<< pertaining to paving and medlan cuts as set forth In Mortgage Modification, Easement and Paving Agreement by and between Martin Hackman, as Trustee. S.J. JaMs, IS Trustee and C, Wendall Collins. Richard L ShultZ and Paul J. Abrams. as Trustees of the Boynton 3G Land Trust, and John Chappelear. Richard L Shultz and Paul J. Abrams. as Trustees of the Boynton 12 Land Trust, recorded in Official Records Book 3985. Page 887. 7, Oil, gas and mineral reservations as set forth in Deed from the Trustees of the Intemal Improvement Fund 01 the State of FIolida, recorded in Deed Book 806, Page 321. The right of entry and exploration has been released by provislons 01 F.S. 270.11 (2). e. Easement granted to MencK8h Realty. L TO., a Florida limited partnership recorded in 0IficIaI Records Book 9151. Page 571. 9. Restrictions, covenants, terms. conditions. easement rights in favor or other parties, lien rights and property rights 01 Boynton Commerce Center Property ONners Association. Inc. set rorth in Declaratbno' Restrictions, dated February 29. 1995, recorded Apr.". 1997 In 0tfIclaI Records Book 9729. at Page 1874, . amended by First Amendment to the Declaration 0' Restrictbns fer Boynton Commerce Center Property Owners Association. Inc. recorded in Official Records Book 9929. at Page 807 in the Public Records of Palm Beach County, Florida. 10. Easement righls granted to Palm Beach Realty Inwstors, Inc,. a Florida corpo:atIon. Its .uceessors and assignments. bV Special Warranty Deed recorded in Official Records Book GG29, at Page 832. 11. The follOWing matters shown by Survey No. 4109-10, dated November 5,1997, revised February 18.1998 by Avirom & Associates, Inc.: (a) Ovemead wires, power pole and anchor In Parcel SA and ~y anchor along West side of Parcel3B located outside recorded easemetts and 8tIY easement rights associated thefewlh. (b) Power pole, guy pole, anchor and drainage pipe rumlng from lake into canal right of Wft/ West of subject property all in Parcel3H. located outside recorded easements and lit station located partly outside of platted lift station site and arry easement rights and obligations associated therewith. (e) Encroachment of well enclosure Into railroad right-of-way and any consequencesresultJng from the forced remowl thereof. . NOTE: All of the recording information conIalned hereil refers to the Public Records of Palm Beach County, Florida. unless otherwise Indicated. -