LEGAL APPROVAL
PROJECT NAME: Boynton Commerce Center
LOCATION: South of Woolbright /West of Seaboard Railroad
COMPUTER ID: 01-03000001
PERMIT #:
I FILE NO.: ABAN 01-001 II TYPE OF APPLICATION: Abandonment I
AGENT/CONTACT PERSON: John T. OWNER/APPLICANT: Nayrot Realty, Ltd., A
Doogan/ A virom & Associates, Inc. Florida Limited Partnership
PHONE: 561-392-2594 PHONE: 877-938-1050
FAX: 561-394-7125 FAX: 514938-9575
ADDRESS: 50 SW 2nd Ave., Suite 102, Boca .
ADDRESS: 4444 Ste. Catherine St. West, Suite
Raton, Florida 33432 100, Westmount, Quebec Canada H3Z 1R2
Date of submittal/Projected meetin2 dates:
SUBMITT AL / RESUBMITT AL 02/05/01
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 03/12/01
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTA~ DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 03/27/01
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 04/03/01
COMMENTS:
J :\SHRDA T A \Planning\SHARED\ WP\PROJECTS\K"ynton ClJiTImerce Center ABAN 2001 \200 1 PROJECT TRACKING INFO.doc
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
'''.'''''---~-~...-
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
May 9, 2001
John T. Doogan of Avirom & Associates, Inc.
50 SW 2nd Avenue
Suite 102
Boca Raton, FL 33432
Re: Boynton Commerce Center, Pill
For: Abandonment
File No. ABAN 01-001
Location: Parcels 3-B and 3-C of Boynton Commerce Center, Pill
Dear Mr. Doogan,
Enclosed is the City of Boynton Beach Development Order and Ordinance for ABAN
01-001, (Abandonment of ingress, egress, & utility easement), which represents final
approval ofthe above-referenced request.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260.
Sincerely,
~/t ~>C
Michael W. Rumpf
Director of Planning & Zoning
MRW:PAT
Attachment: Development Order
Conditions of Approval
IICH\MAIN\SHRDA T AlPlanninglPlanning TemplateslApproval form letter after CC.doc
. ~
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 334is-0310
Phone: (561) 742-6260 . www.ci.boynton-beach.f1.us
Mar-OI-ZOOI 10:33am From-COBB & EBIN P,A,
305-317-0Z44
T-S95 P 003/018 F-9:Z
~/(\ This lI1strument prepe.rtld Qy
\J Tnomas C, COtlP, Esq.
Cobb &. EtM P A
1399 SW First Alo'enua
MIl\mi, FL 33130
Telephone: 3Q5-377-0223
Feb-13-2001 03:40pI 01 ~0S6lZl08
ORB 12312 P/l 23
11111111I111llllIllllll~ 11111111111111111111111111111
COR~CTIVf:
GRANT OF EASEMENT AND ACCEPTANCE:
,
Nayrot R~~ltY Lcd., a Florida limiced ptlrrner:;hip whose address is 4444 Ste-Catherine Duesr, Suite
100, Weslmounc, Qu~bec H3Z lR2 ("Grantor") hel'eby gr~ms U11t9 Boynton Commerce Ce-orer Property
Own~rs Association, Inc., a Florida corporll.tion none for profit h"ving an address a.t c/o 4444 Sr.e.
Catherine ouesr, Suite 100, Wesrmount, Quebec H3Z lR2 ("Grantee"), nne! r~serves co itself and alI fUl~re
owners of /lny or o.U of the land described on Ex.hibit "B" attached heretO, a perpetulll nonexclusiv~
easement for ingress, egress, and utilities in and to the r~al propeny described 01) Exhibit "All fltUlched
hereto (the "R~lllcement Easement Properry").
Grant~e hereby accepts the foregoing easelllent.
This instrumem supersedes and replaces in its entirety the Grant of Easement and AccepUmce
b~twe~n Gnl11tor and Grantee da.red as of February 1, 2001 and filed fOT record on February 2,2001 in
ch~ publ1c records of Palm Beach Counry, Florid<l.
Tll Wimess Whereof, rhe panies have executed this in~trllment Lhis 1st d.1y of FebrullI)', 2001.
NA YROT REALTY LTD., fJ Florida limited
pIU'tl1t:rs hi p
By: Dlllfen Boynton IT Encerprist:s Inc., a Cnnnd.ian .
corporation, liS its gefler~! parmer
ay~...e~
Murray 0 fen, Presldent
20YNTON COMMERCE CENTER PROPERTY
OWNERS ASSOCIA TIaN. !NC" n FlOrida
corporation none for profit
By %J~
Murtity Dalfen e idenr
I ,\'rCC\OAL~~l'N': .)r -'C\J>ri r,,;~lIlICGE^.OO l.wpJ
Mar-01-2001 10:33am From-COBB & EBIN P,A,
305-377-0244
T-6e5 P 004/018 F-e12
ORB 1 23 1 2 Pg 24
COMMONWEALTH OF CANADA )
)ss
PROVINCE OF QUEBEC )
The for.:going i"so:utn~m waS sworn to and :lubscribed before me this L day af February, 2001,
by Murray Dalfen. :l.S the Presi&m of Dalfen Boynton II Enterprises Inc., a corporation organl~ed under
the federnllaw~ of Canada and .luthorized to transnt:t business in [he Stare of Florida, on behalf of lhar
corporilcion. He \s personnlly known to me.
My commission expires: r~ 1'1, ~
COMMONWEAL rn OF CANADA)
)ss
PROVINCE OF QUEBEC )
The for~going insrrument was sworn to and subscribed before me this t day of F~brunry, 2001.
by Murray Dalf'--r1, as rh.~ President of' Boynton Commerce Center Property Owners Association. Inc., Do
Floncta corporation nol for profit. He is persoMUy known 10 ID"/.
P'inrn~:;;Iftz~
Comnmsion ~Oaths
~\Ql'lll' IOI-~"" ~
My commission expires; F~6~ AJd~ 14./, c:?~.:3 (
-'-~7 ~:~!lW~ .
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~2-
Mar-01-200l 10:33am From-COSS & ESIN P,A,
305-377-0244
T-695 P 005/018 F-912
JAB 12312 Pg 25
Consent of Morteagee
Mellon Unired National Bank, a national banking association (the "Mortgagee"), as the holder of the
following morrgages which encumber (he Easem~nt Property defined and d~scribed in [his instrumenL
(i) Mortgage Deed ex.ecutd by the Mortgagor dated May 28, 1999, recorded June 3, 1999
in Official Records Book 11146, at Page 1643, of the Public Records of Palm B~ach County, Florida, ns
affected by Acknowledgment of Advance under Mortgage Providing for Future Advances recorded
December 28, 1999 in Official Records Book 11529, at Page 27, of the Public Records of Palm Beach
County, Florida ("Mortgage 3B"); and
(ii) Mortgage Deed dated May 28, 1999, recorded June 3, 1999 in Official Records Book
11146, at Page 1657, of the Public Records Clf P'llm Beach County, Florida, as affected by
Acknowkdgment of Advance under Mortgage Providing for Future Advances recorded December 28,
1999 in Official Records Book 11529, at Page 30, of the Public R~cords of Palm Beach County, Florida
("Mortgage 3e") (Mortgage 33 and Mortgage 3C are collectively called the "Existing Mortgages");
hereby consenrs to this instrumem and agrees that the liens and security interests of [he Existing Mortgages
shall be subordinate to the eas~ments granred in this instrument.
.
MELLON UNITED NATIONAL BANK, a
national banking association
By, 17.._. )
J1t:~~ ~
Executive Vice President
STATE OF FLORIDA
COUNTY OF MIAMI"DADE
The foregoing instrumenr wilS acknowl~dged before me this ~ day of February, 2001, by
James M. Dockerty, as Ex~cutive Vice President of Mellon United National Bank, a national banking
association. He is personall y known to~e or has produc~d as identification.
~
;'6~ Tl10~' C Cotlb
*~*My COIMlI$s!Qt1 Cca07911
''I..::/" E.xpl,,, Mllrct'l27, 2003
NOTARY PUBLIC
Plln~a.~
My commission expires:
1.\TCaDI\I.fT:N\j\I~ytot\Prlnc irlll\CCt::....OO l.wpd
-3-
Mar-01-200110:33am
From-COBB & EBIN P,A,
1:\TCC\D^I.r<t::NIN"1'oC\[>nnclpui\CGi'.....QO I wpd
305-377-0244 T-695 P.006/018
--'RB :12312 Pg
EXHIBIT "A"
Easement Property
See arw.ched two pages
-4-
F-912
26
Mar-01-2001 10:33am From-COBB & EBIN P,A,
305-377-0244
T-695 P 007/018 F-912
"
SKETCH & DESCRIP110N
INGRESS & EGRESS EASEMENT
BOYNTON COMMERCE CENTER
PLAT BOOK 46, PG. 126 & 127
~J!JWdt. A-
I~r.. I r} 1..-
LAND DESCRIPTION:
A portion of parcel 38 &: 3C, BOYNTON COMMERCE CENTER, according to the Plat thereof, as
recorded In Plat 800k 46, PQges 126 and 127, in the Public Records Qf palm 8eC:ll:h County,
. Florida, de~crlbed dS follows:
BEGIN at the southwest corner of ~oid Percel ::5Bi thence N02.21'j2"E, along the west lIne
of sold porcel 56.54 feet to c potnt on 0 tangent curve c::oncave easterly with 0 radius of
525.00 feet end a central ongle of 03'05'2'''; thence northerlr. olong the erc of said curve
2B..:sa fecti thence 588'32'20"E. 60.64 feet; thence 565'00'00 'E, 79.49 fast; thence
588"32'20"E, 603.3.3 feet to 0 point on a tangent curve concave northwesterly with a
rodius of 20.00 feet and centrClf angle of 71'27'25"; thence northerly along the arc of
soid curve 24.94 feet to an intersectIon with an existIng 30 foot Ingress, Egress, &
Utility Eosement; thence 520'00'151OW, elong said easement l' 0.75 feet to c:l point on
a non-tangent curve concave southwBsterly with a re~jus of 20.00 feet and centrQI ongle
of 108"32'35"j thel1ce northwesterly along the arc of said curve 37.89 feet; thence
N8S'32,'20"W, 684.22 feet to a point on a ten~ent ourve concave southeasterly with CI radius
of 20.00 feet and Q centrol angle of 89'06'08': thence southerly along the erc of scid
curve 31.10 feet to en intersec:tion with the west lIne of saicj Pqrcel 3C; thence
N02"21 '32"E, along sqid parcel line 31,63 feet to the POINT OF BEGINN!NG.
NOTES:
1. Reproduct1ons of this Sketch ere not valid without the signature and the original raised
seal of c Florida licensed surveyor end mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible
thct there ere Deeds, Easements, or other Instruments (recorded or unrecorded) wnich
moy affect the subject property. No seorc;h af the Public: Records has ceen mode by the
Surveyor. '
3. The land description shov.'n hereon was prepared by the Surveyor.
4. Data shown hereon was compiled from Instrument(s) of record end Qoes not constitute a
boundary survey.
S. Abbreviation Legend: ~ = Centerline; ~ = Centrel Angle; L = Arc Length: L..8. = Licensed
Business; a.R.B. = Offlclol Records 8001<; P,8. = Plet SOOKj P.8.C.R. = Palm 8ecc:h County
Records: P.L.S. = Professlanel Lend Surveyor; P.D.B. = POint of 8eglnnlng: P.Q.C. == Peint
of Commenclng; R = Rcdius.
6. 8ecrir,9 8asIs: with the West line of the Plot having Q bearing of N02'21'32"E.
m
CERllFICA TlON:
f HEREBY CERTIFY that the attached Sketch end Descrlptlon of the hereon described property
is true and correct to the best of my knowledge ond belief as prepered under my direction
on January 09, 2001, 1 FURTHER CERTIFY I tat his Sketch or]d Description meets the Minimum
Technlccl Standards set forth in Chapter 61G1 -6, F)orl~o Ad inistrative Code, pursuant to
Section 472.027, Florida Statutes. ~
.I .....~
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MICHAEL. O. AVIROM, p.L.S.
FlorldCl Ragistrqtion No. 3268
A VIROM & ASSOCIATES, INC.
L.S. No. .3300
A VIAOM &; A880ClA Tr:;~, INC.
8URVEYING &: MAPPING
00 (J,W. aND AVIlINUe. SUITE! 10:2
IIOCA RATON. ~ORlaA :S848a
"Pe. ~_..... ~""____~IJJI"'''' ~. _ M__". __. ____
JOB #4109-,27C'
DATE: Oi /09/0;
REVlSED: 02/29/01
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Mar-01-200l 10:33am
From-COBB & EBIN P,A,
305-377-0244 T-695 P 009/018
-QS 123 1 2 Pg
F-912
29
EXHIB IT "B"
Lce:al Description of Revised Parcel 3B
A portion of Parcel 3B & 3H, BOYNTON COMMERCE CENTER, according to the Plut thereof, as recorded
in Plat Book 46. Pages 126 and 127 of [he Public R~cord;) of Palm Beach Couoty, Florida. described as
follows:
BEGIN at th~ nOl1hwest corner of said Parcel 3H; [hence dut: W~st along the north line of said Parcel 3H and
along th~ sou~h line of Parce! 2, a distance of 308.85 ft:et; thence N02 021 '32"E, 404.61 fe~t to a point in the
southerly right-of-way line of Woolbright Ro~d, as shown in Pial Book 4, Page 85, Public Records of Palm
Beach Coun[y, Florida; thence due East, along said southerly right-af-way line, 49.51 feer; thence
S020t6'50"E, 16.42 feet; thence NSr43'10"E. 29.32 feet; thence S021)21'32"W, 389.19 feet; thence
S21007'56"W, 17819 feet to a point of curvature of <\ curve concave westerly with a radius of 5l4.00 feet
and central angle of 16040'29"; thence southerly along th~ arc of said curve, 149.59 feet to a point of reverse
curvature of a curve concave easterly with a radius of 525.00 feet and a central angl~ of 13045'11"; thence
southerly along the arc of said curve 126.02 f~et to a point of intersection with a non-tangent line (a radial
line to said point bears N65056'46"W); thence S88 o32'20"E, along the norrh line of Parcel 3B, a distance of
179, 10 fc~t to a point of curvature of a curve concaw southerly with a r:ldius of 1994.00 feet and a central
angle of 18013'31"; thence southeasterly along the arc of said curve', 63427 feet to a point on rhe east line
of Parcel 3B and the west right-of-way line of the Seaboard Airline Railroad: thence S20 000'15"W, along
said west right-of-way line, 136.50 f~~t; thence N88032'20"W, 800.11 feet to the west line of Parcel 3B;
thence N02021'32", along the said weSt line, 18.92 feet; thence NSs032'20"W, 166.02 feet to lhe west line
of Parcel 3H; thence N02Q21'32"E, along said west line, 609.53 feet to the POINT OF BEGINNING.
Said 1.lUds lying and situate in Palm Bench County. Florida. containing 359.928 square feet, 8.2628 acres,
more or less.
AND TOGETHER WITH a Perpetual, Non-Exclusive Easement for Ingress, Egress and Utilities created
pursuao[ to Plat of BOYNTON COMMERCE CENTER, record~d in Plat Book 46. at Page 126, as amended
by the Deed and Easem~nt Agreement refeued to in and modified pursuant to that certain Agreement filed
in Official Records Book 4736, at Page 827, all r~ferred to in the Declaration of Restrictions fil~d in Official
R~cords Book 9729, at Page 1874. as amended ~n Official Records Bool< 9929, at Page 807, of the Public
Records of Palm Beach County, Florida, and describ~d as follows:
Commencing at the Nonheast corner of Section 32, Township 45 SOUth, Range 43 East, Palm Beach Counry,
Florida; thenc~ due West (assumed), along said North line of Section 32, a distance of 112.84 feet to a point
on the West Right-of-Way line of the Seaboard Airline Railroad; thence South 20000'15" West, along said
Westerly Right-of-Way line, a distance of 764.69 feet; then North 69059'45" West a distance of741.01 feet
to the Point of Beginning of the Ingress, egress and utility ~asement to be herein described; thence South
21007'56" West a distance of 178.19 f~~t [0 a point of curvature of a curve concave Westerly with a radius
of 514.0 feet and a central angle of 16040'29"; thence Sol1therJy along the arc of said curve 149.59 feet to
a point of reverse curvature of a curve concave Easterly with a radius of 525.00 feet and a central angle of
35026'53"; tbence Southerly along the arC of saId Clll'Ve a distance of 324.81 feet; to tangent; thence South
2021'32" West a dim,nce of266.57 fc~r; thence North 88/l32'20" West a distance of 50.01 feet, Lhence N0l1h
2021'32" E~st a distance of 267.35 feel to a point of curvature of curve concave to the East; thence North
along the arc of said curve having a radius of 575.00 feet and n central angk of 35026'53" a distance of
355.74 feet to a point of r~verse curvalur~ of n curve concave to the We~t; thence North along the arc of said
curve having a radius of 464.00 feet and a central i'lngl~ of 35026'53" a distance of287.07 feet to a point;
thence North 2021'32" East a distance of 404.61 f~et to n point in th~ Southerly Righr,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 Southerly Right-oF-Way line J di::ltance of 49.51 fec~: thence Sourh 1016'50" East a
distance of 16.42 feet; thence North ar43'10" East a dlStanCe of 29.32 feer; rhence South 2 ~21'32" West
a distance of 389.19 feet to the Point of B~ginoing.
.
I \ICC\O."LfEN\N.'~Hlt\P"ncl~"ilCGE^'OO1 ,.po
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305-377-0Z44 T-695 P 010/018 F-91Z
~.~ 1.~~1c Pg 3121
Ol .HY H, WILKEN, CLERK PB COUNTY. FL
Together With;
Legal DescriDtion of Revised Parcel 3C
All of Parcel 3e, less that pan of Parcel 3C which is described in deed recorded in Official Records Book
9151. at Page 571. 'TOGETHER WITH A PORTION OF PARCEL 3B, all in BOYNTON COMMERCE
CENTER, according to the Plat thereof, as re~orded in Plat Book 46, Pag~s 126 and 127, all in the Public
Records of Palm Beach County, Florida, DESCRIBED AS FOLLOWS:
COMIvrENC1NG at the southwest comer of said Parcel 3C; thence N02021'32"E. along th~ west line of said
parcel 40,00 feet to the POINT OF BEGINNING; thenc~ continue N02 021'32"E along said west boundary
of Parcel 3C and Parcel 3B, 230.59 f~~t; th~nce SS8032'20"E, 800.11 feet [0 a point on the easlline of snid
Parcel3B and the west right-of"way line of the Seaboard Airline'Railroad; thence S20000'15"W. along east
bound:lry and w~st right-of-way line 323.51 feet to a point on a non-tangent curvature of a curve concave to
the southwest; thence northwesterly along [he arc of said curve, having a radius of 1534.00 feet a central
angle of 18007'47", an arc distanc~ of 485.40 feet; thence N88032'20"W, 223.51 feet to the POINT OF
BEGINNING.
Said lands lying and situate in Palm Beach County. Florida, containing 188.943 square feet. 4.3375 acres,
more or less,
TOGETHER WITH a Perpetual, Non~Exclusive Easement for Ingres'S, Egress and Utilities created pursuant
to Plat of BOYNTON COMMERCE CENTER. recorded in Plat Book 46. at Page 126, as amended by the
D~ed and Easement Agreement referred to in and modified pursuant to that certain Agreement filed in
Official Records Book 4736, at Page 827, all ref~rr~d to in the DI?c1arntion of Res[rictions filed in Official
R~cords Book 9729, at Page 1874, as amend~d in Official Records Book 9929, at Page 807. of the Public
Records of Palm Beach CO~tnty, Florida, and described as follows:
Commencing at th~ NOl1heast comer of Section 32, Township 45 South. Range 43 East, Palm Beach County.
Florida; thence due West (assumed). along said NOIih line of Section 32, a distance of 112.84 feet to a point
on the West Right-of-Way line of the Seaboard Airline Railroad; thence South 20000'15" West, along said
Westerly Right-of-Way lin~l a distance of764.69 feet; thence North 69059'45" West a distance of741.01
feet to the Point of Beginning of the ingr~ss. egress and utility easem~nt to be herein described; th~l'\ce South
21007'56" West a distance of 178.19 fe~t to a point of curvature of a curve concave Westerly with n radius
of 514.0 feet and a centrnl angle of 16040'29"; thence Southerly along the arc of said curve 14959 feet to
a point of reverse curvature of a curve concave Easterly with n radius of 525.00 feet and a central angle of
35026'53"; thence Southerly along the arc of said curve a distance of 324.81 ft=et; to tangent; th~l'\ce South
2021'32" West a distance of266.57 feet; thence North 88032'20" West a distance of 50.01 f~et, thence North
2021'32" East a distance of 267.35 feet to a point of curvature of curve concave to th~ East; thence North
along the arc of said curve having a radills of 575.00 feet and a central angle of 35026'53" a distance of
355.74 feet to a point of reverS~ curvature of a curve concave to the West; thence NOlth along the arc of said
curve having a radius of 46400 feet and a ceoual angle of 35 "26'53" a distance of 287,07 feet to a point;
thence North 2021'32" East a distance of 404.61 feet to a point in the Southerly Right-of-Way line of
Woolbrigh[ Road, as shown in Plat Book 4, Page 85. Public Records of Palm Beach County, Florida; thence
due East along said Southerly Right-of-Way line fl distance of 49.51 feet; thence South 2016'50" East a
distance of 16.42 fe~t; thence North 87"43'10" E~st a distance of 29.32 feet; thence South 2021'32" West
a distance of 389.19 feet to the Point of B~ginning,
1 :\TCC\P,\Lr-liNIN..yrOl\PMn<;ip.I\~CE.A.OO 1. \lIp~
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305-377-0244
T-695 P 011/018 F-912
Fl!w 1117-2001 11:J2al 01 ~047337
ORB 1 2299 Pg 1 725
111111111111111111111111111111111111111111 1111111111111
\ This inslrumfinl prepared by
(. ThOl'T1:l.~ C, CObb, E~q.
\!) Cobb &. Ebln P.A.
10S9 SW Flr:51 Avenue
Miami, FL :33130
T919phon~: 305-377-0223
GRANT OF EASEMENT AND ACCRPTANCE
Nayror Rll3h)' LJ., a floricW limited partnership whose addrc;~s ill 4444 Ste-Cathc:rin~ oU'::St,
Suil/:: 100. Wt:scmounr, Quebec H.3Z lR2 ("Grantor") hereby grants unto Boynton (;omm~rce Center
Property Owners A~sociation, Inc., a Plorida corporation none fur profit having an address ot c/o
4444 Ste-ClHhcrine o~le.st. Suite lOa, WeSlmuunt, Quebec H3Z lR2 ("Grantee.'), and reserves to
its~lf and all futLJre owners of any or all of tI,e land describcu un Exhibit "S" attached herc[Q, a
p~rpetual noncxcl\l~i ve l:<l.')c=ment tor ingress, egre:>s, and utilitLes in and to rhc reill propc:r1.)' de:!>crib~d
on Exhihil "A" attached hereto (lhe "Replacement Easemem Prl'lptmy")_
Gr:1fll~ hereby accepl::i lhl.: foregoing ~aseJ1leJlt.
In Witness Wh~r~or. the panies have executed Ihi~ 111.stnunent this Bt d.lY of Fehruary. 2001.
NA YROT REALTY L TO.. a F10rida limited
partnership
By: Dalfen Boynton IT Enterprises Inc., a C3nadian
corpuraliOTl, as its general partn~r
By: '7vI ~~
M~lrray Dal n, Presichmt
BOYNTON COMl'vfERrR CENTER PROPERTY
OWNERS ASSOCIATION, INC., i.l floridD
(;urpor<Hiun none for prof, l
By '?k ,~~
Murray Didfe" Pt'CsH!cnt
I 111.:i.\l.l"I.mI-;\NwYI"Q(IJ',i"."...hCEA-W2 "'1',(
.
Mar-01-200l 10:34am From-COBB & EBIN P,A,
305-377-0244
T-695 P 012/018 F-912
,..,rlB 1. 2299 Pg 1 726
COMMONWEALTH OF CANADA )
)ss
PROVINCE OF QUEBEC )
The ftlregoing instnlmcnl W4IS sworn LO and subscribed bcf'on= me this !.:t..f:ay of
2001. by Murray Dalfen. 01$ the President of Dalfen Boynton n Ente!1?rlses Inc., a c':orporatio
organized under the fedcr:ll I...ws ot Canad~ and authorized [0 tmn~act busines~ in the Stare of
Florid;)., 011 b~haIJot'(hn( t.:orporadon. He is personally known to me.
My com".,i~~ioil ex.pil\;~: ~...U? /~ ~~
COMNfONWEAL'l'H OF CANADA)
)ss
PROVTNCE Of QUEBEC )
The foregoing iTlSlrl,lmem was swcm lo and subscribed befort: me rhi"i z.l;:y of ",~~
2001, by MLIXT'.lY lJalfcn, as lh~ President of Boynton Commerce Center Propelty Owner!
As:;ut.:ii.ltioT'l, lnc.. a Flarid.L corporatioll not for profit. l"Ie i$ p~' unally known ro me.
1'.~
t!1,,,""';I'n'l'''' ~
r ,,' ~':."~
I RACr:El kl;I~lc;n
(" .
\ ~ ltQ, 5[j ;;-
\\(.~ .-:-.1. {, ~
, \. (1-,. i*"q1C/11 ~\\c",t.v
My cOUlmj"i<ln expires; 1::4'-'1 ;~~
hiCC\!JA.f .r.~~!YI'O.", ;""il,,7Ir,:r;.\.OO2 ....~,
-2-
Mar-01-2001 10:34am From-COBB & EBIN P,A,
305-377-0244
T-695 P 013/018 F-912
ilB 122'39 Pg 1 727
Cunsent of Mortl!:l1tee
Mc:llon Unit~d Nation.d Bw, a niltionnl bankil,g "ssO<.;iation (th~ 11M()ng~gec"). u.') the holder Dr ~he
following mongages whi\,;h el'lcumher the Easement Property defined and describ~d ill this
instrumt:nt:
(i) Mortgag~ Deed cxc,-=uted by the M'111gagof d.\lcu May 2S, 1999. re~orded June ~.
1999 in Ofticinl R~ords Book 11146, at Pag~ 1643, of lh~ Public Records of Palm Bt::l<;h County,
?landa, as aff~ted by Acknowl~dgment at' Advance underMortg~ge Providing for Future Advance~
record~d D~cember 28, 1999 in Offici.l1 Records .Book 11529, at Pagr.; 27, of the Public Records of
Palm Beach County, Florida ("Mortgage 3B"); and
(ji) Mortgage D~ed dated May 28, 1999, recorded Jlln~ 3, 1999 inOfficial Rt:cordl' !:3ook
11) 46, at Page 1657, of the Publi<.: Records of Palm Beuch County, Florida. ilS affected by
Acknowledgmellt of Advcmce undor Mongage Providing for Future Advances recorded
Dcccmher 2~, 1~99 In Official Records Book 11529, at Page 30, M the Public Records of Palm
Beach County. Pl("lrlc1:1 ("Mortg.lg~ 3C") (Mortgage 3B i.l.nd Mortgage 3C ;,U'~ collectively called the
liE" i !iti ng M ortg<lg~s");
hcr~hy consents ro [his instrument and agn:~s that the licn/i and security interests of lh~ F.~i~ling
Mortgago~ shall he subordln~lle to the eascm~nts gmnted in this mscrum~nt,
MELLON UNITED NATIONAL BANK, a
national banking association
By U_n 1'V\. ~
~OOCkCny
Execu ri \Ie Vi ce Presid,m
ST^TE OF fLORIDA
COUNTY OF MIAMI-DADE
Th~ foregoing jm;T!'Um~nl was acknowledged befure me this 6ft. day of .}~ ,,~J
2001. by James ?vi, Dockel'ty. as E~c:curivc Vice PresideTlt or Mellon Unil.t:d Na[ion3! Bunk. it
nation,lI banking association. He is personally known co me or has prodllct:d
CIS idCnti riC~tiOfl. ~
,.f ~ T'hQmu C Cobb
*Ji *M'1 CommiqJGn 0C807;11
~f"~ Ellpirel MarcIl ZT, 201>>
NOTARY PUBLIC
~rJtk)l1,
Pri 11 t N ~lIne
My c;ommis~iCln ~xpircs;
I. n C( "In,., I rel'l'.'f'1'''llJ'Tin.:IPllI'';~'' ,()(').......IlG.
~:1-
Mar-01-200l 10:34am From-COBB & EBIN P,A,
r:\"~X'\D"'L-"l!f'lINI\)'ro!\f'1 i""ip.,!'..;: A.CXJ2."'!ltI.
305-377-0244 T-Sg5 P 014/018 F-g12
.JRB 1229'9 Pg 1 728
I~XHJBJ1' "A"
Easement Properll'
See auw.:hed two puges
-4-
Mar-Ol-Z001 10:35am From-COBB & EBIN P,A, 305-377-0244
BOYNTON COMMERCE CEN TER
PLAT BOOK 46, PG. 126 &: 121
T-G95 P 015/018 F-912
~6-f. e I
LAND DESCRIPTION:
A portion of Parcel 38 & 3C, BOYNTON COMMERCE: CENTER, according to the Plot thereof, as
racorded in Plot Book 46, Poges 126 and 127, in the Public Records of Polm Beach County,
Florida, described os follows:
SE:GIN at the southwest corner of said Parcel 3B; thence N02'21'32"E, along the west line
of soid parcel 56.54 feet to a point on a tongent curve concave easterly with 0 radius of
525.00 feet a1'1d a centrol angle of 0.3'05'21"; thence northerly along the ere af said curve
28..30 feet; thence S88'.32'20"E, 60.64 feet; thence S65'OO'00"E, 79.49 feet; ther1ce
S88'32'20"E, 717.51 feet to c point on a tangent curve concave northwesterly with a
rodius of 20.00 feet end central ang!e of 71'27'56"; thence northerly olong the arc of
said Cl.lrve 24.94 feet to an intersection with on existing .30 foot Ingress, Egress, &
Utifi~y Easement; thence S20'OO"5"W, along said easement 110.75 feet to 0 point 0(1
o non~tangent curve concave southwesterly with a radiuS of 20.00 feet and central angle
of 108'32'35"; the(ice northwesterly along the arc of said cwrve 37.89 feet; thence
N88'.3Z'ZO"W, 684-.22 feet to 0 point on a tangent curve concove southeasterly with a I'QC:US
of 20.00 feet and 0 central angle of 89'06'08"; thence southerly along the orc of soid
curve 31.10 feet to on intersection with the west line of said Porcel 3C; th~nce
N02'21 '.32"E. along soia parcel line 31.63 feet to the POINI OF BEGINNINC
NOTES:
1. Reproductions of this Sketch are not valid without the .signature and the original raised
seol of a Florida licensed surveyor ona mapper.
2. No Title Opinion or Apstrcct to the subject property has been provided It is possible
that there are Deeds. Eosements, or other instruments (recorded or unrecorded) wr,ic:i
may offect the subject property. No search of the Puolic Records has been mode i:ly the
Surveyor. '
J. The land description shown hereon was prepored by the Surveyor.
4. Doto shown hereon was compiled from instrument(s) of record and does not constitute a
boundary survey.
5. Abbreviation Legend: ~ = Centerline: 6. =: Central Angle; L = Arc Length; L.S. ;;;; Lice(1sed
Business; a.R.B. =: Official Records Book: P.G. ;: Plat Sook; P.B.C,R, =" Palm BeaCh County
Records: P.L.S. :::; Professional Land Surveyor; P.O.8, = Point of Beginning; P.O.C. = Poin c
of Commencing; R = Radius.
6 Bearing Basis; with the West line of the Plat having 0 bearing of N02'21'.32"E.
CERTtFICA nON:
I HERESY CERTIFY that the attoched Sketch and Description of the hereon described property
is true end correct to the best of my knowledge and oelief as prepared under my direction,
on January 09, 2001, r FURTHER CERTIFY LlhOt t is Sketch and Descriptio" meets the Minimum
Technical Standards set forth in Chapter 61GP 6, orido Ad j,.,istrotive Code. pursuolit to
Section 472.027, Florida Statutes.
....
I:
----------
MfCHAEL O. AVIROM, P.L.S.
Florida Registration No. .3268
AV1ROM & ASSOCIATES, INC.
L.B. No. 3300
AVIROM &ASSOCIATeS. INC.
SURVEYING & MAPPING
lIO :S.W. 2NC AVENUe. SUITE 102
aoc,," RATON, FI.ORICA 034:32
TEL. UI8" 3g2-:!lSO", flAX (~Oll "~".71~e
~200' ,A\I1ROt.< &I 4SS0C'ATES. IMC. AI.:. RIC~T'S R~SER~D.
JOB #4109-27C
DATE: 01/09/0;
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PARCF INe OF
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S88':J2'20"E
60.54'
Mar-OHOOl 10 :35am
From-COBB & EBIN P,A, 305-377-0244
80YNTON COMMERCE CENT~R
PLAT SOOK 46, PG. 126 &:: , 27
N02 '21 '.JZ "c N02 '21 'J2 "E
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CORPORA 7E OR/~
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R=20.00'
L=31.10'
P.O.B.
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A VIAOM &: ASSOCIA T~S. INC. o....,~o
SURVeYING & MAPPING
~o S.W. 2ND AveNUe!, SUITE 10:!
BOCA R....TON. P~OAIPA 33482
TEL.. (lIe1) 3g~-2Cl~", FAX (be11 3&04-7125
@2001 A'MlOt.l dI. ASSOGIATtS. It<C. All. RICHT"S RES~IM:D.
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JOB #4109-27C
PATE: 01/09/01
SHEET -LOF _~_
Mar-01-200l 10:35am
From-COBB & EBIN P,A,
305-377-0244
T-695 P 017/018 F-912
- ""'-~ ... ~ r!:t ... , ~.&.
EXHIBIT "B"
l.e2al Descriotion of Revised Parcel 38
A portion of Parcel 3B & 3H, BOYNTON COMMERCE CENTER, according to the Plat tht:reof. as record~d in Plat
Book 46. Pag~s 126 and 127 of th~ Public Records of Palm Be~~'h County, Florida, described a~ follows;
BEGm at the nOl'thwest comc:r of said Pa1'cel 3H; thence du~ We:;t along the nonh line of said Parcel 3H and along the
south lme ofParcel2, a dist~nce of 308,85 feet; thence N0202l'32"E, 404.61 feet to a point in th~ :iouthedy right-of-
wa)' line of Woolbright Road, as shown in Plat Book 4, Page 85, Public Records of Palm B~ach County. Florida; th~nc~
dtl~ East. along said south~rly right-of-way line, 49.51 feet; thence S020 16'50"E. 16.42 flld; thence N87 043'IO"E. 29,32
feet; thence 502 021'32"W, 389.19 feet; thenc~ S21 007'56"W, 178.19 feet co ;I pOint of curvarure of a curve concave
we:w:rly wllh a radius of 514.00 feet and central angle of 16040'2~)"; thence soult1erly along the arc ohaid curve. 149.59
feet to a point of reverse curvatl.m; of a curve conCEIve easrel'iy with a nIdi us of 525.00 feet and i\ ct!n~llJ angle of
13945' 11 "; thence southerly along ~he arc of said curve 126.02 f~~t to a point ot' inrersection with a non.rnngent line (a
l'adlallin~ to said point bears N65 056'46"W); [hence S88032'20"E. a.long the north line of Parcel 313, a disrance of
179.10 ket ro a point of curvature of a CllI'Ve concave southJ:rly with a radius of 1994.00 fet:t and a central angle of
18013'31 "; thence sourheasterly along the arc of said curve, 634.27 feel to a point on the east line of Parcel 3B and the
west right-of-w9.)' line of the Seaboard AIrline Railroad; thence S:WoQO'15"W, along said west right-of.way line. 136,50
feet; th~nce N88 032'20"W, 800,11 feet to the west hoe of P;m:el 3B; thence N02 021'32", along the said west line, 18,92
fe~t; thence NSs032'20"W. J 6602 fe~t to the west Itne of PiU"cd 3H; thence'N02021 '32"E, along said west line. 60953
fe~t to the POINT OF BEGINNING.
Said lands lying and ~ituate 10 Palm Beach County, Florlda, conrainins 359.928 squar~ feet, 8.2628 acre~. more or less.
AND TOGETHER WITH a Perpetual. Non-ExcluslVt': Easement for Ingress. Egrc::ss and Utiliti~s created pursuant to
Plat of BOYNTON COMMERCE CENTER, recorded in PI.n Book 4~, at Page 126, as amended by lhe Deed and
Easement Agreement tefen'ed to in and modIfied pursuant to th~t cenain Agreement filed in Official Records Book
4736, at P~g~ S27, all referred to in the Declaration of Restl'ictions filed in Offici~1 Records Book 9729, at Page 1874,
as amended in Official Records B()(lk 9929, at Page 807. of the Public Rt:lcords of Palm Beach County, Florida, and
described a:; follows:
Commencing at the Northeast come:r of Section 32, Townllhip 45 South, Rang~ 43 East, P~lm Bench COUnty. Florida;
~l1ence due West (assumed), along said North line of St:t;tian 32, n distance of 112.84 feet to <:\ point on tbe West Right-
of-Way line of the Seabo~d Airline Railroad: then(.;e SOutl'\ 20000'15" West, along said W~sterly Right-of-Way line,
a distance of 764.69 feet; then North 69059'45" Wesl a distance of 741.01 feet to the Poim of Beginning of the ingress,
egress und utility easement to be herein desc;:ribed; thence Sourh 21007'56" West a distance of 178.19 feet to n point of
Curvature of a curve concave Westerly with a radius of 514.0 feet and a centrnl angle of 16040'29"; thence Southerly
alons the arc of said Curve 149.59 feet to a point of rev~rse curvature of a curve concave Easterly with a n~dlus of 525.00
feet and a central angle of 35026'53"; thenc(,! Southerly along the arc of ~aid curve a dIstance of 324.81 feet; to tangent;
thence South 2021'32" West a distance of 266.57 feet; thence Nonh 88032'20" W~sr a distance of 50.01 fe~t, thence ·
Nonh 2021'32" East EI disrance of 267.35 feet \0 a point of curvature of curv~ concave to the E<:lst; thenc~ North along
the arc of said curve having a radius of 575.00 f~er anel a central angle of 35026'53" a distance of 355.74 feet [0 a point
of reverse curv~tl\re of a curve concave to the West; thence N0l1h along the arc of :iaid curve having a radius of 464.00
feet and a central angle of 35026'53" a distance of 287,07 feet to a point; thence North 2021'32" East a distance of
404.6l feet to a point in the Southerly Right-of.Way line of Woolbright Road,,,~ shown in Pbt Boole 4, Page 85, Publlc
R~cords of Palm Beach County, Florida; thence due East along :iaid Southerly Risht-of-Way line a distance of 4951
feet; thence South 2016'50" Eust a distance: of 16.42 reet; thence North 87043'10" Easl a distanc~ of 29.32 feet; thence
South 2021'32" West a di~tance of 389.19 feet to the Point of 8cgmning.
Tog~ther With;
! ITCCID^I.F EN\N~r(O~IPrjnctpllIGSA-OO~. ~pJ
-5-
, ,
30S-377-0Z44 T-S9S P 018/018 F-91Z
'IKn ~~299 Pg 1732
L JTHY H. WILKENt CLERK PB COUNTY, FL
Mar-Ol-Z00l 10:3Sam From-COBB & EBIN P,A,
Lel!111 Description of Revised Parcel 3C
All of Parcel 3e. less that part of Parcel 3C which is described in deed recorded in Official Records Book
9151, at Page 571, TOGETHER WITH A PORTION OF PARCEL 3B. all in BOYNTO~ COMMERCE
CENTER, according to the Plat th~reof, as recorded in Plat Book 46. Pages 126 and 127, all in the Public
Rt:cords of Palm B~IlCh CouCHY, Florida, DESCRIBED AS FOLLOWS:
COMMENCING at th~ southw~st corn~r of said Parcel 3C; thence N02021'321'E, along the west line of said
parcd 40.00 fee~ to the POINT OF BEGINNING; thenc~ continu~ N02 021 '32"E along said west boundary
of Parcel 3C and Parcel 3B, 230,59 f~et; ~hence $88032'20"E. 800.11 feet to a point on the east lin~ of said
Parc"l 3B and [he west right-of-way line ofth~ S~abo:lrd Airlin~ Railroad; thence S20000'15''W, along east
boundary and west right.of-way line 323.51 feet to a point on a non-tangent Curva~ur~ of a curve concnve to
the sOll[hw~st; ~hence northwesterly along the arc of said curve, having a radius of 1534.00 fee~ a central
angle of 18007'47", an arc distance of 485.40 feet; thence N88032'20"W, 223.51 ft;~l to the POINT OF
BEGINNING,
Said lands lying and situate in Palm Beach County, Florida. containing 188.943 square feet, 4.3375 acres,
more or less.
,
TOGETHER WITH a PerpetLln1. Non-Exclusive Easement for Ingre~s, Egr~ss and Utilities created pursuant
to Plat of BOYNTON COMMERCE CENTER, recorded in Plat Book 46, at Page 126, as amended by the
D~ed and Ensement Agreement referred to in and modified pursuant w that cerrain Agreement filed in
Official Records Book 4736, at Page 827, all referr~d to in the D~claration of Restrictions tIled in Official
Records Book 9729, at Page 1874. as amended in Official Records Book 9929, at Page 807. of the Public
Records of Palm Beach County, Florida, and described as follows:
COlrunencing at th~ Northeast corner of Section 32, Township 45 South, Rang~ 43 East. Palm Beach County,
Florida; ~hence due West (assumed), along said North line of Section 32, a distance of 112.84 feet to a point
on the West Right-of-Way line of the Seaboard Airline Railroad; th~nce South 20000' 15" West, along said
Westerly Right-of-Way line. a distance of 764.69 feet; thence North 69059'45" West a distnnce of 741.01
feet to the Point of Beginning of the ingr~ss, egress nnd utility easement to be herein described: thence South
21007'56" West a distance of 178.19 fe!;:t to a point of curvature of a curve concave Westerly with a radius
of 514.0 feet and a central angle of 16040'29"; thence Southerly along the arc of said curve 149.59 feet to
a point of reverse curvature of a Cllrve concave Easterly with a radius of 525.00 feet and a central angle of
35026'53"; thence Southerly along the arc of said curve a distance of 324.81 fe!;:t: to ~angent; thence South
2021 '32" West a distance of 266.57 feet; thence North 88032'20" West a distance of 50.01 fect, thence North
2021 '32" East a distance of 267.35 feet to a point of curvature of curve concnve to the Bast; thence North .
nlong the arc of said curve having :l radius of 575.00 feet and a central angle of 35026'53" a distance of
355.74 feet to a point of reverse curvature of a curv\Z concave to the West; thence North along the arc of said
curve having a radius of 464,00 feet and a central angle of 35026'53" a distance of 287.07 f~et to a point:
thence North r21'32" East a distance of 404_61 feet to 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 Eas~ along said Southerly Right-of-Way lin~ a dis~ance of 49-51 feet; thence South 2016'50" East a
distance of 16.42 f~~t; thence North 87043'10" East a distance of29.32 feet; thence South 2021'32" West
!l distance of 389.19 fe~t to th~ Point of Beginning.
r' I TCCID.l, r.FF. N INayrotlPrincipul \GE^.OO2. J-pJ
-0-
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-039
TO:
Sue Kruse
City Clerk ,
Michael w. RumPf~ .AA.
Director of Planning & 'z'o~~g
FROM:
DATE:
March 5, 2001
RE:
Boynton Commerce Center
ABAN 01-001
Accompanying this memorandum you will find one (1) copy of the application and related
documents for the above-referenced abandonment application. The $500.00 application fee for
staff processing and review has been forwarded to the Finance Department.
A legal advertisement for same has been prepared for the March 27, 2001, Planning and
Development Board meeting and the April 3, 2001, City Commission meeting and will be
forwarded to your office after review by the City Attorney.
MWRblw
J;\sHRDATAIPLANNINGISHAREDIWPIPROJECTSIBOYNTON COMMERCE CENTER ABAN 2001\lEGAlNOT-ABAN.DOC
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: PlanninG and Zonina Division
PREPARED BY: Michael Rumpf DATE PREPARED: March 3, 2001
BRIEF DESCRIPTION OF NOTICE OR AD: Request for abandonment of.a 65 foot InGress &
Eqress Easement.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) Standard Leqal Ad for the Planninq and Development Board
meetinq on March 27. 2001. and the April 3, 2001, Commission meetinq.
SEND COPIES OF AD TO: Newspaper, adioininq property owners, applicant and PlanninG and
ZoninG Director.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: March 12,2001
LAST DATE TO FAX TO NEWSPAPER: March 9, 2001
APPROVED BY:
(1)d~ d-tc.v ~ )1'A~fF
(Originator) t./
OJ!()tv/OI
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board will conduct a PUBLIC
HEARING at the CITY HALL, COMMISSION CHAMBERS, on Tuesday March 27, 2001. The
City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing
at CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD,
BOYNTON BEACH, FLORIDA, on Tuesday, April 3, 2001. Both meetings scheduled for 7:00
p.m. to consider an Ingress & Egress Easement abandonment request submitted by
Doogan/Avirom & Associates Inc. agent for Nayrot Realty, Ltd., A Florida Limited Partnership for
a special purpose easement more particularly described as follows:
All that portion of the 65 foot Ingress & Egress Easement, lying between Parcel 3B
& 3C, BOYNTON COMMERCE CENTER, according to the Plat thereof,as recorded
in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County
Florida.
All interested parties are notified to appear at said hearings in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development Board
or City Commission with respect to any matter considered at these meetings will need a record
of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: The Post
March 12,2001
J:ISHRDATAIPlanningISHARED\WPlPROJECTSIBoynton Commerce Center ABAN 2001ILEGALNOT-aban.doc