REVIEW COMMENTS
M'lr-0.1-Z001 10:33am From-COSS' ESIN ?,A,
30S-3ii-OZ44 _-
T-5SS P 003/018 F-S1Z
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/
~Il T1'1;'3 Instrument preparEla Oy
\j Tnomas C. CooP, Esq,
Cobb ~ E~M PA
'399 raw First Avel'1ue
MI~mi, FL 33130
T~lephone: :)05-~77.0223
Feb-t3-2001 03:40pI 01 ~0S6008
ORB 1 23 1 E: p~ E: 3
11111111111111111 m 1111111111111111111111111 tI III 1111
CORRECTIVE
GRANT OF EASEMENT AND ACCEPT ANC~
.
Nayrot RealtY Ltd., a Florida limired p~Trner)hip whose address is 4444 S~-Catherine ouesr. Suite
100, Wemnounc, Q\.l~bec H3Z lR2 C'Grantor") hel'eby grams UTIt<? Boynton Commet'~e Center Property
Own~rs Association, Inc., a Florida corpoIil.tion none for profit h<iving an llddress at clo 4444 S~~
Catherine ouesc, Suite 100. Wesrmol.\m, Quebec H3Z lR2 ("Grantee"), and I~serves to itself and al1 fUl\.1re
owners of an)' or aU of the land described on Ex.hibit "13" a.ttached hel'~tO, a perpetual nonexclusive
eaSE:menr for ingress, egress, and utilities in and to the r~al propeny described 01) Exhibh "A" atUlch~
her~to (the "Rtplucement Easement Property").
Grant~e hereby accepts the foregoing easemem.
This instrumem supersedes und replaces in its entirety [he Grant of Easement and Acc::epumce
b~twet:n Grar1!or and Grantee dared as of February 1,2001 and filed for record on February 1-, 2001 in
th~ publ1c records of Palm Beach CounC}', Floriclll,
Tn Wi mess Whereof, [he parties have ex~cuted this instfllmem rhis 1st d.1y of February, 2001.
NA YROT REALTY LTD., a Florida limited
partn~rship
By: Dnlfen Boymon IT ,Enterpris~s Inc., a CIlMdian .
corporation, as its gener61! parmer
BY~...f~
Murray D fen, President
aOYNTON COMMERCE CENTER PROPERTY
OWNERS ASSOCIATION. INC.. II Florida
corporAtion none for profit
By: '7M 1~
Murra.y Dalfen e ident
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1.\'rCC\OAU'~\".' ~~r~J>r1 r.,;~~\CGE^.OO (,...pJ
Mar-~1-2001 10:33am From-COBB & EBIN P,A,
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ORB 12312 Pg 24
COMMONWEALTH OF CANADA )
)ss
PROVINCE OF QUEBEC )
The for.:goins instrur:n~1lt waS sworn LO and subscribed before me this L day of Febru.nl'Y. 200l.
by Murray Pal!en, :l$ the P\'esi&m of Dalfen Boynton l! Enterprises lnc" a corporation organi~ed under
the f~dernt la wS ot Canada and luthori2ed to transact business in [he State of Florida, on behalf of lhat
corporilrion, He is personnlly known to me.
My commission ~xpires: r~ 1'1, ~
COMMONWEAL 111 OF CANADA)
)ss
PROVINCE OF QUEBEC )
The for~gojng insrrumem was sworn to and subscribed before me this t day of F~bruory, 2001,
by Murrny Dalfc..l1, as rh~ President of Boyman Commerce Center Property Owners Asscciarion, Inc., II
Florida co.-poratioo not for profl!. He is pmonnUy known to ID"L.
prinrn#.::.I;t~
Comnmsion 9iOarhs
My commission ~I\.pires; F~ I~ /;)#.:3 r~;;:';:,:~~ ~.
m,56~ :i'
1.. ~ ~tI'"
~ '"O'!~l'\ ~~~~
1L......~',c10\l\~\6'
I \l'CC,D....Lrt!'< ,,, a,.<l<Ii'nnc,p":'.co oA-OOI,"'pJ
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uRB 12312 Pg 25
Consent of Mortgueee
Mellon United National Bank, a national banking association (the "Mortgagee"), as the holder of the
following mongages which encumber [he Easem~nt Property defined and d~scribed in this instrumenL
(i) Mortgage Deed execut~d by rhe Mortgagor dated May 28, 1999, recorded June 3, 1999
in Official Records Book 11146, at Page 1643, of the Public Records of Palm Beach County, Florida. ns
affected by Acknowledgment of Advance under Mortgage Providing for Future Advances recorded
December 28, 1999 in Officiill Records Book 1 J 529, 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 of P'llm Beach County, Florida, as affected by
Acknowl~dgment 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 3C") (Mortgage 3B and Mortgage 3C ar~ collectively calkd the "Exisring Morlgages");
h~r~by consents to thiS instTumem and agrees rhat the liens and secunty interests of the Existing Mortgages
shull be subordinate to the eas~ments granted in this lnstrument.
.
MELLON UNITED NATIONAL BANK, a
national banking association
By 17.__. 'VJI\ I C2.._ L 'A de
J~CkertY v v v........,- - )
Executive Vice President
STA TE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was ncknowl~dged before me this $ day of February, 2001, by
James M. Dockeny, as Executive Vice President of Mellon United National Bank, a national banking
association, He is pe::onallv known to..JPe or has produced as identification.
~'b"'<. Thoma. C Cotlb
*~*My C()mml~$IQt'1 Cca07911
''l,,::..' Explrea Marcl'127, 4'OQ3
NOTARY PUBLIC
prin~(Itif;J
My commission expires:
I \TCC\OJ\I.rT:N\f'J, ylOl\PrI nc 1 r" i ICG 1:',", -00 I wpd
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Mar-Q1-2001 10:33am
From-COBB & EBiN P,A,
1:\TCC\D/\l.fof:.N\.".,raClPnncipul\CGEA.OO I wpcl
30S-377-0244 T-SQS P 00S/018
AS 1 23 1 2 Pg
EXHIBIT "A'l
Easement Property
See anached two pages
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"
SKETCH ~ DEsCRIPnON
INGRESS & EGRESS EASEMENT
BOYNTON COMMERCE CENTER
PLAT BOOK 46, PG. 126 & '27
t~A-
f~r.. / r; 1..-
LAND DESCRIPTION:
A portion of Porcel 38 &: Je, BOYNTON COMMERCE CENTER, cccordlng to the Plat thereof. as
recorded In Plot 800k 46, Pages 126 and 127, in the Public Records Qf palm 8eclI::h County,
,Floridc, de~c:rlbed as follows:
BEGIN at the southwe~t corner of scid Parcel .3Bi thence N02021'32"E, clang the west line
of sold parcel 56.54 feet to 0 point on 0 ton gent curve c:ancave easterly with 0 rodlus of
525.00 feet ond 0 central angle of 03'05'21"; thence nQrtherl~ along the ore of said curve
28.30 feet; thence SBS'J2'20"E, 60.64 feet; thence 565'00'00 'E, 79.49 feet. thence
SSa'32'20"E. 603.33 feet to 0 point on a tangent curve concave northwesterly with a
radius of 20.00 feet ond centrQl Ql'1gle of 71 '27'25"; thence northerly along the arc of
soid curva 24.94 feet to on i,.,tersectlon with an exlstrng 30 foot Ingress, Egress, &
Utility Easement; thence 520'00',5"W, along SClid easement l' 0.75 feet to 0 point on
a non-tongent curve concay!! southwe9terly with c rocHus of 20.00 teet ond centrQI angle
of 108"32'35"i thence northwesterly along the arc of soid curve 37.88 feet; thence
N8S'32'20"W. 684.22 feet to Cl point on Cl ton~ent ourve concave southeosterly with Q radius
of 20.00 feet and q centrol angle of 89'06'08'; thence southerly along the qrc af soid
curve 31.10 feet to on intersedlon with the west line of SOlq Pqrcel .3C; thence
N02021'32"E. clong sqid parcel I1ne 31.63 feet to the POINT OF BEGINNING,
NOTES:
1. ReproductIons of this Sketch ere not valid without the signature and the original raised
seal of c Florido licensed surveyor ond mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible
thct there ere Deeds, Easements, or other In~trumflnts (recorded or unrecorded) which
may effect the sub]ect property. No search of the Public Records has been made by the
Surveyor. '
.3. The lond description shown hereon was prepored by the Surveyor,
.,., Data shown hereon was compiled from 1nstrum~nt(s) of record and Qoes not constitute a
boundary survey.
5. Abbreviation Legend: ~ = Centerline; 6. = Centrol Angle; L = Arc Length: L.8. = LIcensed
f3uslnass; a.R.B. = Offlcrel Records Book; P.S. = Plat 600k; P.8.C.R. = Pqlm Beoch County
Records; P.L.S. = Professronal Lend Surveyor; P.O.B. ;::; Point of 8eglnning: P.Q.C. == Point
of Comme"clng; R = Radius.
6. Bearir,g 80sls: with the West line of the Plot l10ving 0 beoring of N02"21'.32"E.
m
CERllFICA 110N:
I HEREBY CERTIF'Y that the attached Sketoh and DescrIption of the hereon described property
is true and correct to the best of my knowledge and belief 09 prepQred under my dIrection
on Jonucry 09, 2001. I FURTHER CERTIFY tIot hi5 Sketch Clfld Description meets the Minimum
Techn1ccl Standards set forth in Chapter 61 G1 -6, Florl~a Ad inistrctive Code, PUrsuCl"t to
Section 472.027, Florido Statutes. ...
J .....~
f~ !_-~~ -~---~
MICHAEL D, AVIROM, p.L.S.
Florida Registrqiion No. 3268
A VIROM & ASSOCIATES, INC.
L.S, No. .3300
AVIROM &A8S0CIATE1:fJ, INC.
8URVEYINO.le MAPPINC3
GO O,W, aNI:) AYIINUe. BUITa '0:2
IIOCA RATON. ~ORlDA lS848a
JOB # 41 09- 27C
DATE: Oi /09/0:
"'PE!'l ~ __.. Q""'_~""'"
REVISED: 02/29/01
,...., lrr-T 1 "',.... ')
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SKETCH & DESCRIPll0N
INGRESS & EGf(ESS EASEMENT
BOYNTON COMMERCE CENTER
PLA T BOOK 46, PG. 126 & 127
N02'21'32"f N02'21',32"[ ~:OJ'05'2r
31 6J' 56 ~4' R-S25.09
. . L=28.~O
CCJRPORA'Tr: DRIVE nt'Sr UN.
wrsr L.I"'~ OF P"'~C{'l 1; ~
PI1RCrL JC S88'.J2'20"t
6.;;89'06'08/1 6'Hi4'
R:20.00'
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P.D.B.
s. W CORNeR
PARcn J8
PARC~L 3C
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PARCEL 38
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R=20.00'
JO' L=37. 89'
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AVIROM&ASapCIATES. INC. ~,I?O
SURVEYING & MAPPING
GO &W, ;aND AVCNU" 8UITI!I 1D2
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-
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JOB * 4109-27C
DATE: 01/09/01
~~
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Mar-01-200110:33am
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.18 123 1 2. Pg
F-912
29
EXHIB IT "B"
Lee:al Description of Revised Parcel 38
A portion of Parcel 3B & 3H, BOYNTON COMMERCE CENTER, according to the Plat thereof, as r~eorded
in Plat Book 46, Pages 126 and 127 of [he Public Records of Palm Beach County, Florida, descl'ibed as
follows:
BEGIN at th~ northwest corner of said Parcel 3H; [hence du~ W~st along the north line of said Pared 3H and
along th~ south line of Parcel 2, a distance of 308.85 f~~t; thence N02021'32"E, 404,61 fe~t 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, Florida; thence du~ East, along said southerly right-of-way line, 49,51 feet; thence
S020t6'50"E, 16.42 feet; tht:nc~ NSr43'10"E, 29.32 feet; thence S02"21'32"W, 389.19 feet; thence
S21007'56"W, 178 19 feet to a point of curvature of a curve concave westerly with a radius of 51400 feet
and central angle of 16040'29"; thence southerly along thi: 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
south~rly along the arc of said curve 126.02 f~~t to n point of intersection with a non-tangent line (a radial
line to said point bears N65 o56'46"W); thence S88032'20"E, along the norch lin~ of Parcel 3B, a distance of
179.10 fc~t to a poine of curvature of a curve conca W southerly with a radius of 1994,00 feet and a central
angle of 18013'31"; th~nce southeas terly along th~ arc of said curve', 634,27 feet to a point on the east line
of Parcel 3B and the west right-of-way line of the Seaboard Airline Railroad; thence S20000'15''W, along
said west right-of-way line, 136.50 f~~t; th~nce N88032'20"W, 800,11 feet to th~ west line of Parcel 3B;
lhenc~ N02021'32", along the said w~st line, 18.92 feet thence N88032'20"W, 166.02 feet to the west line
of Parcel 3H; thence N02021'32"E, along said w~St line, 609.53 fe~t to the POINT OF BEGTNNING.
.'
Said l<lnds lying and situate in Palm Beach County, Florida. containing 359,928 square feet, 8.2628 acres,
more or less,
AND TOGETHER WITH a P~rpetLlal, Non-Exclusive Easement for Ingress, Egress and Utilities created
pursuant to Plat of BOYNTON COMMERCE CENTER, record~d in Plat Book 46, at Page 126. as amended
by the Deed and Easement Agreement r~fured to in and modified pursuant to that certain Agreement filed
in Official Records Book 4736, at Pag~ 827, all rderred to in the Declaration of Restrictions fil~d in Official
R~cords Book 9729. at Page 1874, as amended ~n Official Records Book 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 County,
Florida; tht:nc~ due West (assumed), along said North line of Section 32, a distance of 112,84 feet to a point
on the West Right-oE-Way line of the Seaboard Airline Railroad; thenc~ South 20000'15" West, along said
Westerly Right-of-Way line, a distance of 764.69 fee:r; then North 69059'45" West a distance of741.01 fe~t
10 the Point of Beginning of the ingress, egress and utility ~asement to b~ herein described; thence South
21 007'56" W~st a distance of 178.19 f~~t to 11 pain! of curvature of a curve concave Westerly with n radius
of 514,0 f~~( 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 curve concave Easteriy with a radius of 525.00 feet and a central angle of
35026'53"; thence Southerly along the are of said curv~ a distance of 324.81 feet; to tangent; thene~ South
2021'32" West a distance of266.57 fc~t; thence North 88032'20" W~st a distance of 50,01 feet, thence North
2021'32" East a distance of 267.35 feel to a poinr of curvature of curve concave to the East; thence North
along the arc of said curve having a radius of 575.00 feet and a central angle of 35026'53" a distance of
355.74 ft:et to a point of reverse cury.:uur~ of f\ curvt: concave to the West; thence North along the arc of said
curve having a radius of 464.00 feet and a central al1g1~ of 35026'53" a distance of 287.07 f~et !o a point;
thence :--;rorth 2021'32" Easr a distance of 404.61 feet [0 n point in th~ Southerly Right,of-Way line of
Woolbright Road, as shown in Plat Book 4, Pilg~ 85, Public Records of Palm Beach County, Florida; thenc~
due East along said South~r1y Right-oF-Way line a distance of 49.51 feet; thence So~[h 2016'50" East a
distance of 16.42 feet; thence North Sr43'10" East a distance of29,32 feer; thence South 2~21'32" West
a distance of 389.19 feet to the Point of B~ginning.
.
I \'lCC\D,..LfEN\N"Y"'l\P"ncl~.IICGE^.OOI ...p<1
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U$ l.~..51c Pg 3121
OO~urHY H. WILKEN, CLERK PB COUNTY, FL
Together With:
Le2al DescriDtion of Revised Parcel 3C
AU of Parcel 3C. 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 BOYNTON COMMERCE
CENTER, according to the Plat thereof, as recorded in Plat Book 46, Pag~s 126 and 127, all in the Public
Records of Palm Beach County, Florida, DESCRIBED AS FOLLOWS:
COMMENCING at the southwest comer of said Parcel 3C; thence N02 021 '32"E, along th~ west I ine 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 feet; thence S88032'20"E, 800.11 feet [Q a point on the east line of snid
Parcel 3B and the west right-of"way line of the Seaboard Airline'Railroad; thence 520"00' 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 rhe arc of said curve, having a radius of 1534.00 feet a central
angle of ]8007'47", an arc distance of 485.40 f~er: 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"Exc1usi ve Easement for Ingres'S. Egress and Utiliti~s created pursuant
to Plat of BOYNTON COMMERCE CENTER, record~d in Plat Book 46, at Page 126, as amended by the
D~ed and Easement Agre~meJlt referred to in and modified pursuant to that certain Agreement filed in
Official Records Book 4736. at Page 827, all ref~rred to in the D~clarntion of Resrrictions filed in Official
Records Book 9729, at Page 1874, as amend~d in Official Records Book 9929, at Page 807, of the Public
Records of Palm Beach COlmty, Florida, and described as follows:
Commencing at the NOl1heast comer of Section 32, Township 45 South. Range 43 East, Palm Beach County,
Florida; thence due West (assumed). along said North line of Section 31, a dist.:mce 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; thence North 69059'45" West a distance of 741,01
feet to the Point of Beginning of the ingress, egress and utility easem~nt to be herein described; th~nce South
21 "07'56" West a distance of 178.19 feet 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 14959 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"; thence Southerly along the arc of said curve a distance of 324.81 f~et; to tangent; th~nce South
2021'32" West a distance of 266.57 feet; thence North 88032'20" West a distance of 50,01 feet, thence North
2021 '32" East a distance of 267,35 feet to a point of curvature of curve concave to th~ East; thenc~ 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 reverSe curvature of a curve concave to the West; thence NOlth along the arc of said
curve having a radius of 46400 feet and a cerural angle of 3S 026'53" 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
Woolbright Road, as shown in Plat Book 4, Page 85. Public Records of Palm Beach County, Florida; thence
due East along said Southerly Right-oE-Way line a distance of 49.51 feet; thence South 2016'50" East a
distanc~ of 16.42 fe~t; thence North 87"43'10" E::lst a distance of29.32 feet; thence South 2021'32" West
a distance of 389,19 feet to the Point of Beginning,
1 :\TCC\Pf\Ll'pN\.... "/:Ol,i"inc ip..IICCEA.QO 1.\l<r~
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ORB 1 2299 Pg 1 725
111111111111111111111111111 JIIII 1111111111 1111111111111
\ This instrumal1! DrepBred by
t. TnorT1~~ C. Cobb, E::sq.
\!) Cobb &. Ebin P.A.
1 ~99 SW Flr~t Avenue
Miami, FL 33130
T9Iephon~: 305.377.0223
GRANT OF EASEMENT AND A.CCRPTANCE
Nuyror RC.1h)' uti., il Florida limiled partnership whose address is 4444 Ste.Cath~rifLc oueSl,
Suile: 100. Wt:S(moun!, Quebec H3Z lR2 ("Gramor") hereby gnmts unto Boynton (;ommt:rce Center
Property Owners A~sociation, Inc., a Florida corporation nGne fur profit having an address at do
4444 Sre-Clirhcrine O~le.st. Suite 100, Weslmounc, Quebec H3Z lR2 ("Grantee"), and rescwes to
its~lf and all future owners of any or all of the land cJesclibcu un Exhibit "S" attached herc(Q, a
pc:rpetual noncxchl!live <:<l.')emenr tor ingress, egre::l!\, and ucilities in and to rhc real prnpt:rty dt:ll(;rib~d
on Exhibit "A" ~ttacbed hereto (lh~ "Replacement Easement Pr()p~rty"),
Gr:J.lll~ hereby accepb lh~ fmegoi ng ~asemellr.
In Witness Wh~r~or. the panies have executed Ihi.~ l11smllnent this ht d..lY <)fFehruary, 2001.
NA YROT REALTY LTD., a F101'jda limited
pJrtncrsh i p
By: Dalfen Boynton II Enlerpl;ses Inc., a C3113dian
corpuraLl(Jn, as its general pllrLTl~T
By: -?vi ~~ -
M~IITay Daf n, Presithmt
BOYNTON COMNfERr.R Cf.:NTER PROPERTY
OWNERS ASSOCIATION, INC., i.l florid!!
~wrpor:!llon none for prol1l
By, ~ ,~~
Murray D,dfen ?1'esHlcnl
I II i.:'-\I.Mr,mNlN~Y,'Q"J'.j,..jl",hC;.E.-..,L()2 "'1'.1
.
Mar-01-2001 10:34am From-COBB & EBIN P,A,
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ORB :l 22'99 Pg 1 726
COMMONWEALTH OF CANADA)
)ss
PROVINCE OF QUEBEC )
The foregoing instnlmcnl w~s sworn lO and subscribed before me this ~f:ay of
2001. by Murruy Dalfen. 01$ the President of Dalfen Boynton n EmeI1?rises Inc., a C,:(lrporatio
organized under the fcdc~l laws 01 Canada and aulhorized ttJ lr..~nsact busine~s in the Stale of
Floridil. all b~halJ ot' that l:orporarion. He is personally known to me.
My commiliSioi1 expil\:~: ~~:? /~ ~~
COM'MON\VEAL~l'H OF CANADA)
)ss
PROVINCE Of QUEBEC )
The foregoing irl:;lfument was SWLlm to and subscrib04 befor~ me rhi1i zJ;:y of /i4<-~~
2(101. by M.UT.lY Dalfcn, :1S ln~ President of Boynton Commerce C(:nter Propelty Owner!
AS.:il.lc,;ii.ltioT'l, fl'c.. ~ FlOric.l.l cnrporatioIl nOl for profit. .I-Ie is p~' unally known to me.
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My eorruni" ion .<pires: 4""1 ;;~
1'\'rCt.:\lJ...., .r:r:~."'!)'(O.'J', ",.il,,~C.I:!.\,OO2. "'~..
-2-
Mar-Ol-Z00l 10:34am From-COBB & EBIN P,A,
30S-377-0Z44
T-S9S P 013/018 F-91Z
uRB 12299 Pg 1 727
Consent of Mortl!3f!,ee
Mc:llon Unil~d Narion.tl Bw, a n<ltionnl banking "ssO<.;iatiol1 (tb~ "Mortgagee"), &1.'i the holder of ~he
following mor~gages -whil.:h enc~lInher the Easement Properly defined and describt:d in this
instrumt:nt:
(i) Mortgage;: Deed cxc~uted by the MortgagoI' d.\lcu May 28, 1999. recorded June ~.
1999 in Ofticinl R~ords Book 11146, at P~g~ 1643, ot' lhe Public Records of Palm Beu<.:h County,
Florida, us aftcxied by Acknowl~dgment ot Advunce under Mnrtg6l.ge Providing for Future Advilnt:~s
record~d December 28, 1999 in Officioll Records Book 11529, at Pags.; 27, of the Public R~cords of
Palm Beach Cuunty, Plondii ("Mortgag~ 3B"); and
(ii) Mongage Deed dated May 28,1999, recorded Jlln~ 3, 1999 in Official Rr:=cord$ Book
11146, at Page 1657, of the Publit,; Records of Palm Beach County, Florida, itS affected by
Ac:knowledgmelH of Advance under Mortgage Providing for Future Advances recorded
Dcccmher 28, 1~~9 In Officiul Records Book 11529, at Page 30, or the Public Records CJf Pulm
Beach County. P1Nid:l CMong.lg~ 3C") (Mortgage 3B <l.nd Mortgage 3C:lr~ collectively called tho
"E;c.iliting Mortgag~s");
hereby consents to rhis instrument and agr\:~s tlHH the licm and s\:curity inter~HS of lh~ Ex i~ling
Mortgagc!\ shall he subordin~lle to the easements gmm~d in thisinscrum~nt,
MEll..ON UNITED NATIONAL BANK, U
national baJlking :\ssociat;OI1
By: (1_ n 1'Y\. ~
~60CkCr[y
execuri vI:: Vice P,esidem
ST ^ TE OF fLORIDA
COUNTY OF MIAMI-DADE
Th~ foregoing inSTl'Umenl was acknowledged befure me this 6ft. duyof j~ ,~J
2001. by Jarnc;:~ M, Dockerty, as Exc:cutivc Vice Presidf;Tll or Mellon Uni1.t:d Narional Bank, rt
nation,ll banking association. He is personnlly known co me or has prodlJct:d
i:IS identification, ~
,,' ~ Thomu C ~
*'tVj *M-i Comt'l1jqjon CC807QU
~"'~ Ellp+res MlII'Ctl v, 2~
NOTARY PUBLIC
~e~);l,
Pri 11 t N ~lIne
My c.;ommis~iClTl expires:
I \'J C( ~n,..1 rl?,.,\~.t"'llI'ti IW:1P/l1''';~'' .DOZ, W(lG_
~:1-
Mar-01-Z00l 10:34am From-COBB & EBIN PIAl
r:\T<~C\l:l^..."'I~I'<IN'\J'rot\f,; ,,,il"'!Il.. A.Cl.i2 ,1"1\<'1.
305-377-0Z44 T-695 P 014/018 F-9iZ
uRB 12299 Pg 1728
":XInBJ1"'./\"
J!nsement Prop~rtv
See :llLuched fWO pages
-4-
Mar-01-2001 10:35am From-COBB & EBIN P,A, 305-377-0244 __
BOYNTON COMMERCE CENTER
PLAT BOOK 46, PG, 126 &: 127
T-695 P 015/018 F-912
~~e I
LAND DESCRIPTION:
A portion of Parcel J8 & Je, BOYNTON COMMERCE CENTER, according to the plet thereof. as
rt::corded in Pia t Book 46, Pages 126 and 127. in the Public Records of Pol", Beech County.
Florida, described os follows:
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t:I
BEGIN at the southwest corner of said Parcel 38; thence NOZ'2,'32"E, along the west line
of said parcel 56.54 feet to a point on a tangent curve concave easterly with 0 radius of
525,00 feet and a central angle of 03'05'21"; thence northerly along the arc of said curve
28,30 feet; thence S8S'J2'20"E, 60.64 feet; thence S65'OO'OO"E, 79.49 feet; thence
S8S"32'20"E, 717.51 feet to 0 point on 0 tangent curve concave northwesterly with a
rcdiu5 of 20.00 feet and centrol ongle of 71'27'56"; thence northerly along the arc of
said curve 24,94 feet to an intersection with on existing 30 foot Ingress, Egress, &
Utility Easement; thence S20'OO',5"W, qlong said eosement 110.75 feet to 0 point on
Cl non-tangent curve concave southwesterly with a radius of 20.00 feet and centro! ongle
of 10S'.32'.35"; thence northwesterly along the orc of ~aid c:urVd 37.89 feet; thence
N88'32'2.0"W, 684.22 feet to 0 poir"it on 0 tangent curve concave southeasterly with Cl radius
of 20.00 feet and 0 central oi"1gle of 89'06'08"; thence southerly along the arC of said
curve 31.10 feet to an intersection with the west line of said Parcel 3C; th~nce
N02'2"J2"E, along soiCl parcel line 31,63 feet to the POINT OF BEGINNINC,
I-
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NOTES:
1. Reproductions of this Sketch are not volid without the .signature and the original raised
seal of a Florida licensed surveyor ana mapper.
2, No Title Opinion or Aostroct to tt'1e subject property has been provided It is possible
that there are Deeds, Eosements, or other instruments (recorded or unrecorded) Vlhich
may aFfect the subject property No search of the Puclic Records hos been made by the
Surveyor. .
3, The land description shown hereon was prepared 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.B, = Licensed
Business; O.R,B, == Official Records Book: P.G. ;= Plat Book; P.B,C.R. ~ Palm Beach County
Records: P.L.S, =: ProFessional Land Surveyor; P,Q.B. ;;;; Point of Beginning; P.O.C. "" Point
of Commencing; R ~ Radius.
6 Bearing Basis; with the West line of the Plat having a bearing of NOZ'21'J2"E.
CERTIFICA -nON:
I HEREBY CERTIFY that the ottoched Sketch and Description of the hereon described property
is true end correct to the best of my knowledge ond belief as prepared under my direction.
on January 09, 2001, I FuRTHER CERTIFY that t is Sketch and Description meets the Minimum
Technical Standards set forth in Chopter 61017 6, orido Ad inistrative Code. pursuant to
Section 472,027, Florida Statutes,
.....
MICHAEL D. AVIROM, P,L.S.
Florida Registration No. 3268
A VIROM & ASSOCIATES, INC.
L.B. No. 3300
AVIROM &ASSOCIATeS. INC,
SURVEYING & MAPPING
eo 3.W. 21\10 AVENUE. SUITE '02
BOC,. AA,.ON, FLORIDA "3432
TEL. (SS1) 3Q~-2liO". flAX (~OH :3~"-7,~e
~2001 ..'01110'" & ASSOCIATES, IMC, ..~ RICf1T'S R~SERVE:D,
JOB #4109-27C
DATE: 01/09/0~
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From-COBB & EBIN P,A, 305-377-0244 -
BOYNTON COMMERCE CENTER
PLAT SOOK 46, PG. 126 &: , 27
N02'2f'3Z"E N02'21'J2"E
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CORPORA 7E DRIVE:
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A VIAOM & ASSOCIA TES, INC, 0-1~D
SURVEYING &: MAPPING
ao S.W. 2ND AVeNue, SUITE 10::!
BOCA RATON. P~ORIPA 33.&82
TEL.. (8811 3g~-~(l~.., FAX (oell 3&04-7128
@2001 A'vIROI.l dt ASSOClATi:S. II<C:. All. RICHTS RES~R...m,
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P 016/018 F-912
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JOB II 4109-27C
DATE: '01/09/01
SHEET-LOF _~_
Mar~01-2001 10:35am
From-COBB & EBIN P,A,
e:BIN
305-377-0244,
-t_
T-S95 P 017/018 F-912
- "",,-__ -...., r!:l .... , ~.&.
EXHIBIT "n"
J.ej!al Descriotion of Revised Parcel 38
A ponion 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 Bcal;h Coun~y, Florida. described a~ follows:
BEGIN at ~he northwest comt:r of said Parcel 3H; then<:e dij~ We:i~ along the nonh line of said Parcc::l 3H and along the
sOuth Ime of Parcel 2. a distance of 308.85 feet; thence N0202l'32"E, 404.61 feel to a point in th~ southel'ly right-of-
way line of Woolbright Road, as shown in PI..t BOGle 4. Page 85, Public Records of Palm B~ach County. Florida; thl!nce
due East. along said southerly ri~ht-of-way line, 49,51 fl~et; thence sor 16'50"E. 16.42 fe.:t; thence N87043'lO"E. 29,32
feet: thence 502021 '32"W, 389,19 feet; thence S21 007'56"W, 178,19 feet to a poin~ of cllrvarure of a curvc concave
wt:sterly wlth a radius of 514,00 feet and centt'al angle of 16040'29"; thence souLl1erly along the arc of said curve. 149.59
feet to ~ point of revel'S~ curvatun: of ~ curve concave easterly with a n\djus of 525.00 feet and a cen~al angle of
13045' 11 "; thence souTherly C\long the arc of said cut've 126.02 ft:~t to a point at intersection with a non-tangent line (a
l'adlalliM to said point bears N65056'46"W); thence S88032'20"E, along the nonh It'1e ofP~ce13B, a disTance of
179,10 feet ro n point of curvature of a CLll'Ve concave southerly with a radius of 1994.00 fet:c and a cemral angle of
18013'31 "; thence southeasterly along the arc of said curve, 634,27 feeL to a point on the east line of Parcel 3B and the
west righ~.of.W3Y line of the SeabO;lrd AIrline Railroad~ thence S2QoOO'15"W, along said west rigtn-of-wny line. 136,50
feet; th~nce N88 032'20"W. 800,11 feet to the west line of P.m:el 3B; thence N02 021 '32", along the said west line, l8.92
feet; th~nce N88032'20"W, l66,O2 feet ro the west Hne of Par cd 3H; thence'N02021'32"E. along said west line, 609,53
t'\!~t to the POINT OF BEGINNING,
Said lands lying and ~ituate In Palm Beach County, Flonda, comainin~ 359.928 squar~ feet, 8.2628 acre~, more or less,
AND TOGETHER WITH a Perpetual. Non-ExclusIve Easement fOf Jngresll, Egr~gs and Utiliti~s creat~d pursuant to
Plat of BOYNTON COMMERCE CENTER, recorded in PI.u Boole 46. ar Page 126, as Olmended by Lhe Deed and
Easement Agreement refen'ed to in and mOdIfied pursuant to that certl'lin Agreement filed in OWcial Records Book
4736, at Page S27, all referred to in the Declarmion of Restl'ictions filecl in Offici~1 Records Book 9729, at Page 1874.
as amended in Official R~cords B()<>k 9929, at Page 807, of the Public R~cords of Palm Beach CounTY, Florida. and
described as follows:
Commencing ar the Northeast com~r of Section 32, Townllhip 45 South, Rang~ 43 East. Pi:ilm Beach COUnty. Florida;
th~nce due West (assum~d). along said NOl1h line of St.;<:tion 32, a dis\ance of 112.84 fee~ to a point on the West Right-
of-Way line of the Seaboard Airline Railroad; tht:m:e South 20000'15" West, along saie! Wt!sterly Right-of-Way line.
a distance of 764,69 teet; then North 69059'45" Wc~t a distance of 741 ,01 feet to the Point of Beginning of th~ ingress,
e&ress and utility easement to be herein de$crjb~d: thence Sourh 21007'56" West a distance of 178,19 feet to a point of
Curvature of a curve concave W~sterly with a radiu.~ of 514.0 feet and a central angle of 16040'29"; thence SOijtherly
along the arc of sale! Curve 149,59 feet to a point of reverse CUI'Vllture of a curve concave Easterly with a radiUS of 525,00
feet and a central angk of 35026'53"; thence Southerly along The arc of ~aid curve a dIstance of 324.81 feet; to t3ngem;
thence South 2021'32" West a distance of 266,57 feet; thence North 88032'20" W~SI a distance of 50.01 fe~t, thence ·
Nonh 2021'32" EilSt a distance of 267.35 feet \0 a point of curvature of curv~ concave ro the East: thenc~ North alons
the urc of said c;~rve having a rildius of 575,00 feet ancl a central angle of 35026'53" a distance of 355,74 feet to n point
of reverse curvatl\re of a curve concave to the West; thence N011h along the arc of ~Elid curve having a radius of 464,00
feet and a cenU'~1 angle of 35026'53" 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 Woolbright Road, ;lg shown in Plat Book 4, Page 85, Public
R~cords of Palm Beach C{)unty. Florida; thence due East along said Southerly Right-of-Way line: a dIstance of 4951
feet; thence South 2016'50" Eilst a di~tanct: of 16.42 fect; thence North 87043'10" EasL a distance of 29.32 fel:t; thence
South 2021 '32" West a di.,tanc~ of 389.19 feet to the Point of Bbglnning.
To~~thcr With:
I, \TCC\D^L.r-EN\N~>,(lll\rrir.cLp.lIGEA,OO;!, ~pJ
-5-
~, L-j"'" t
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 01-079
RE:
Michael W. Rumpf, Director of ~in~ and Zoning
John A. Guidry, Utilities Director OM'
LaurindaLogan, P.E., Civil Engineer ~
May 30, 2001 ~
Application tocAb'~~do~ acate
Boynton Comm~er
John T. Doogan of A virom & AssoeiMes
TO:
THRU:
FROM:
DATE:
Attached please find the original Application to Abandon/V acate application and supporting
documentation for the above referenced property. The Department of Engineering has no objection to the
proposed abandonment and easement substitution, We therefore recommend proceeding with approval.
Please feel free to contact Laurinda Logan, P.E., Civil Engineer, at x6482 if you have any questions.
JAG:LAL/ck
Attachments
Xc: Janet Prainito, City Clerk
C:\My Documents\Boynton Commerce Center, Application to Abandon-Vacate,doc
ENGINEERING DEPT.
'I Di'I1.5 10_~ U W 11 i/~l..!
, , IF.
ll~ I '. ": FROM
I (I"
L" MAR - 5 2001 ; tl ;
. !-.f
.. . .- ::-:::':";:~
:SftED LETTERQJ)
TO
GIT17 Killen> GlITY ~l.nnK
Janet Prainito, City Clerk
~~--....__~__~_...-,-~_:"'- ~ I ~).J ',1 U
SUBJECT
ABANDONMENT APPLICATION FOR 3/13/01 PLANNING & DEVELOPMENT BOARD MEETING
- FOLD NO.9 or 10
MESSAGE
Attached please find a copy of an application for a special purpose easement abandonment
submitted for BO~lton Commerce Center. Please reyiew and advise of your recommendation
for approval or disapproval in accordance with Chapter 22, Article III, Sec. 4, of the
Boynton Beach Code of Ordinances. Please respond to the Planning Dept. with a copy to this
office. Thank you.
DATE
3/2/01 SIGNED \. ~L ~.t'_~.A
REPLY
See attachment
FOLD FOR NO.9
FOLD FOR NO, 10
. WilsonJones<I!>
DATE '5/10/01 SIGNED Laurinda Logan. Civil Engineer
44-902 . Triplicate
SENDER: DETACH AND RETAIN YEllOW COPY, SEND WHITE AND PINK COPIES, RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY, 44-904. Quadruplicate
.~.~
MEMORANDUM
UTILITIES DEPARTMENT NO. 01-
FROM:
Michael".,Rumpf, Director of Planning and Zoning
y
Peter V. Mazzella, Asst. to the Director of Utilities
John A. Guidry. Director of Utilities~'
April 10, 2001
TO:
THRU:
DATE:
SUBJECT: Easement Abandonment Application for Boynton Commerce Center
I have reviewed the request by John Doogan of Avirom & Associates, Inc. for
abandonment of the special purpose easement on the Boynton Commerce Center
property owned by Nayrot Realty, and I have also met with Mr. Doogan to review the
location of the City's existing utilities on the subject site.
This office has no objection to the abandonment of the existing easement conditioned
upon the prior dedication and recording of a properly configured easement over the
existing City utilities. In meeting with Mr. Doogan, the proposed replacement
easement required a minor addition to include an existing fire hydrant. He was to
follow-through on the describing and dedication of that addition.
Please copy this office, to my attention, when the replacement easements are submitted
and recorded. Thank you for your cooperation in this matter.
Attachment
PVM
Xc: John Guidry
Peter Mazzella
City Clerk
File
f,..:: :-----..
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-
TO RETURN IN A WINDOW ENVELOPE,
PLEASE FIll IN NAME AND ADDRESS HERE AND
FOLD AS SHOWN WITH THIS SIDE FACING WINDOW.
-.",~,-- ",,-"--"-
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- FOLD
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Sent By: i
- - - \..... ,....
305 555 5555j
Feb-6-01 1 :21PMj
Page 2
,---,
(.~~:~)
Prepared By:
Thomas c. Cobb, Esq.
Scharlin, Lanzetta, Cohen,
Cobb and Ebin
1399 S.W. First Avenue
Miami, Florida 33130
AFR-04-1997 2:32?1ll 97~ 118295
ORB 9729 pg 1874
.... 8.... I_I ..
IJ\TCC\DAL~~'BOYNTON\DE~T.ooe
07/09/96 ',2~ pm
QECLARATION QF RESTRICTIONS
TfiIS DECLARATION is made as of February 29, 1996/ by Menorah
Realty, Ltd., a Florida limited partnership ("Menorah"), Boynton
Co~erce Center Prop.erty Owners Association, Inc., a Florida
corporation not for profit (the "AssQl..:iation'l) I Boynton Commerce
Center Limited partnership, a Florida limited partnership (the
"Partnership") , and' Woolbrigh t Partners, a Flor ida. genera 1
partnership ("Woolbright") (Woolbright, the Association, the
Partnership, and Menorah are collectively called the "DeclarantsU) .
RECITALS
A. Pursuant to dedication~ in that certain plat of Boynton
Conunerce Center, recorded in Plat Book 46, pages 126 and 127,
PUblic Records of Palm Dea.ch county, Florida (the "Plat"), the
Association is the owner, and has responsibility for maintenance
of, an ea$ement and/or fee interest in the property on Exhibit "All
attached hereto and made a part hereof (the "Association
Property") .
B. Menorah is the owner of certain improved real property
located in the area covered by the Plat, more particularly
described on Exhibit "B" attached hereto and made part hereof (the
"Menorah Property").
C. Woolbright is the owner ot certain real property located
within the area covered by the Plat, more particularly described on
Exhibit "c" attached hereto (the "Woolbright Property").
D. The partnership is the owner of certain real property
located within the area covered by the Plat, more particulax:ly
described on Exhibit liD" hereto (the "Partnership Property").
E. ThQ Menorah Property, the Woolbright Property, the
Partnership Property, and the Association Property together
constitute all of the property which is subject to and covered by
the Plat (such parcels and such additions thereto as may hereafter
be brought within the jurisdiction of the Association are
hereinafter together called the "Property").
F. In order to insure proper and continued preservation,
maintenance and operation of the p~ved roadways and other
improvements to the area~ which constitute the Common Areas
Sent By:
305 555 5555;
Feb-6-01 1 :21PM;
Page 3
ORB 9- ~9 rs -1875
(defined below), Declarants are desirous ot subjecting the Property
to the covenants, conditions and restrictions hereinafter set
forth, each and all of which are for the benefit of the Property
and each present and futu~e owner and shall apply to and bind every
present and future owner of the Property and their heirs, legal
representatives, successors and assigns.
NOW, THEREFORE, Oeclarants hereby declare that the Property is
and shall be held, transferred, sold, conveyed, used and occupied
subject to the covenants, conditions and restrictions hereinafter
set forth:
ARTICLE I
DEFINITIONS
capitali~ed defined terms not elsewhere defined in this
Declaration shall have the meaning set forth below.
Section l.l 'IArticles and By-Laws" shall mean the Articles
of Incorporation for the Association which have been filed with th~
Florida Secretary of State, and the By-L~ws adopted by the
Association. Copies of the Articles and By-Laws are available at
the office of the ~6sociation.
section :1..2 "Cornman Area" shall mean the Association
Property and all other property (and interests therein and
improvements thereon) now or hereafter owned by the Association for
the common use and enjoyment of the Owners (defined below) .
Section 1.:3 "Member" shall mean every member of the
Association. The Articles require that each Member must be an
Owner (defined below), and thut each Owner must be a Member.
Section 1.4 "Membership Interest" shall mean membership in
the Association appurtenant to ownership of any of Parcel (defined
below) as more fully set forth in Section 3.1 hereof, together with
all rights and obligations of membership as more fully described in
this Declaration, the Articles and the By-Laws.
Section 1.5 "Owner" shall mean qnd refer to the ~ecora
owner (other than the Association), whether one or more persons or
entities, of the fee simple title to any Parcel (defined below)
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 1.6 "Parcel" shall refer to each and every
separately owned parcel of real estate which now or hereafter is
part of the property.
Section 1.7 "Public Records" shall meetn the public records
of Palm Beach County, f'lorida, as recorded in the Clerk of the
Court's office thereof.
-2-
Sent By:
305 555 5555;
Feb-6-01 1 :22PM;
Page 4
OPE 9/29 P9 1876
ARTICLE II
OWNERS' PROFERTY ~IGHTS
Every Owner shall have aright nnd easenlent of use and
enjoyment in and to the Common Area for its intended purpose, which
shall be appurtenant to and shall pass with the title to every
Parcel, subject to the following provisions:
(a) the right hereby reserved of the Association to dedicate
or transfer all or any part of the Common Area to any public
agency, authority, or utility for such purposes;
.
(b) the right hereby reserved of the Association to grant
permits, licenses, and easements over, upon, across and below the
surface of the Common Area for utilities, roads, drainage and other
purposes reasonably necessary or useful for the proper maintenance
and operation of the Property; and
(c) the right hereby reserved of the Association to require
that each Owner provide at its own cost a survey of each Parcel
owned by that Owner, certified to the Association by a registered
land surveyor in accordance with applicable Floridu statutes, and
certifying the gross acreage contained within each such Parcel.
ARTICLE II!
MEMBERSHIP ~D VOTING RIGHTS
section 3.1
Membership.
Every Owner of a Parcel shall be a Member of the Association.
Membership shall be ~ppurtenant to and milY not be separated from
ownership of any Parcel. By acceptance of a deed or other
instrument evidencing his or its ownership interest, each Owner
accepts his or its Membership in the Association, acknowledges the
authority of the Association as herein stated, and agrees to abid~
by and be bound by the provisions of this Declaration, the Articles
and By-Laws and other rules and regulations of the Association.
Section 3.2
votinq Rights.
The Association shall have one class of voting membership, and
all votes of the Members shall be determined by reference to the
number of Membership Interests voted. Each Member shall have one
vote for each Membership Interest which it holds in the
Association. Each Member shall hold one Membership Interest in the
Association for each full one-tenth of a net acre of land locilted
within any Parcel(s) as to which tha~ Member is the Owner.
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section J.J'
Designation of Mempership Interests.
The Board of Directors shall determine the number of
Membership Interests applicable to each Parcel, and may require the
Owner of any Parcel to deliver a survey of that Parcel, certified
to the Board in the form required pursuant to Florida Statute
Section 472.027, and certifying to the Board the number of net
acres and fractions thereof contained in that Parcel. Upon each
sale, conveyance or transfer of a Parcel by an Owner, said sale,
transfer or conveyance shall automatically transfer to the
purchaser thereof the Membership Interests appurtenant to said
Parcel.
ARTICLE IV
BOARD OF DIRECTORS
Section 4.1
Election of Directors.
The affairs of the Association shall be managed by a Board
which initially shall consist of three (3) Directors. Except as
provided in the next sentence, each Owner shall be entitled to
elect one Director. Not~ithstanding the foregoing, any Owner may,
by written notice to the other Owners, require that each Owner
shall have the right to elect one Director for each full increment
of 60 Membership Interests hold by that Owner.
Section 4.2
~emoval of Directors.
Any Director may be removed from the Board with or without
cause, by a maj ori ty vote of the Members, or by a written
instrument from the Member who elected and/or appointed a Director,
remov ing such Director from off ice. In the event of death,
resignation or removal of a Director, the Owner who elected him
shall have the right to elect his successor shall be elected in the
same manner as the Director who has died, resigned, or been
relnoved.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 5.1
Payment of Assessrnen~.
The Declarants hereby covenant, creQte and establish, and each
Owner of a Parcel by acceptance of a deed or instrument of
,conveyance for the acquisition of title in any manner shall be
deemed to have covenanted and agreed, to pay to the Association the
follo~ing dues, fees, charges and assessments:
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(a) Any annual assessment or charge for the
operating the Association and accornpl iShing any and
purposes, including the payment of insurance and
professional management association chosen by the
manage the Association.
purpose 0 f
all of its
fees to any
Directors to
(b) Any special assessments for capital improvements,
emergencies, or nonrecurring expenses.
(c) Assessments of any kind for the creation of reasonable
reserves for any of the aforesaid purposes.
(d) All charges incurred in connection with the enforcement
of any'of the terms and conditions hereof, inclUding survey costs
and reasonable attorney fees and costs, including any applicable
sales tax thereon, and it the Association is the prevailing party
in any such enforcement action, such charges shall be assessed
against the non-prevailing Owner(s) .
Section 5-2
Assessments Against Owners.
Except as otherwise provided herein, each Ownp-r of a Parcel
shall be required to pay its proportionate share of each
assessment, which is an amount equal to the number of Memborship
Interests allocated to such Parcel, multiplied by the amount of tne
assessment per Membership Interest. No assassment shall be levied
for any period prio~ to the date hereof and each Declarant agrees
that it has no claims against the other Oeclarants for any cost or
expense incurred prior to the date hereof or for any cost or
expense which such Declarant may have incurred for the maintenance,
repair and/or improvement of the Association Property.
Section 5.3
creation, of the Lien and Liability of Owner.
Each Owner, by acceptance of a deed or instrument of
conveyance for the acquisition of title to a Parcel, whether or not
it shall be 50 expressed in such deed or instrument, is deemed to
covenant and agree that the Parcel's proportionate share of all
annual and special assessments, and the other charges and fees set
forth in Section 5.1 hereof, together with late fees, costs, and
reasonable attorneys' tees, shall run with the land, shall be a
charge on the Parcel of that Owner, and sholl be a continuing lien
upon that Parcel. The lien is effective from and after recording
a Claim of Lien in the Public Records, "tilting the description of
the Parcel, name of the Owner, amount due and the due dates. eacn
such assessment, together with late fees, costs, and reasonable
attorneys' fees, chall also be the personal obligation of the
person who ......as the Owner of such Parcel at the time when the
a$sessmcnt fell due, as well as his or its heirs, legal
representative, successors and assigns.
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Section,S.4
Establishment of Assessments.
The Board of Directors of the Association shall approve and
establish all sums which shall be payable by the Member$ of the
Association in accordance with the fOllowing procedures:
(a) Annual assessments against the Members shall be
established after the adoption of an operating budget by the Soard
of Directors, and written notice of the amount and date of
commencement thereof shall be given to each Member not less than
thirty (30) days in advance of the date thereof. Annual
assessments shall be payable at such time or times as the Board of
Directors shall direct which may be quarterly until otherwise
directed. Annual assessments may include an amount for reserves so
as to enable the Association to establish and maintain an adequate
reserve fund for periodic maintenance, repair and replacement of
improvements to the Common Areas.
5.5 Special ^~sessments against the Members and all other
fees, dUes and charges, including assessments for the creation of
reasonable reserves, may be estaolished by the Board of Directors
at any regular or special meeting thereof, and shall be payable at
such time or times as the Board of Directors $hall direct.
(a) The Board of Directors may, from time to time, establish
by a resolution, rul~ or regulation, additional specific fees, or
charges to be paid by Members to reimburse the Association for the
expenses incurred in connection with the enforcement of any of the
terms of this Declaration. Such sums shall be payable by the
affected Member at such time or times as shall be established by
the resolution, rule or regulation.
(b) The Association shall prepare a roster of the Parce~s and
assessments applicable thereto which shall be kept in the office of
the Association and shall be open to inspection by ony OWner. The
Association shall, upon request, furnish any Owner a certificate in
writing signed by an officer of the Association, setting forth
whether his assessment has been paid and/or the amount ~hich is due
as of any date. As to parties ~ithout kno~ledge of error, who rely
thereon, such certificates shall be conclusive evidence of payment
or partial payment of any assessment therein stated having b~en
paid or partially paid.
Section 5.6 Effect of Nonpayment of Assessments: Remedies
QJ the Association.
If any a~seS5ment is not ~aid within thirty (JO) days of the
due date, a late fee of 1% of the assessment, beginning from the
due date, may be levied by the Board of Oirectors for each month
the assessment is unpaid. The Association may at any time
thereafter bring an action against the Member personally obligated
to pay the same, and/or foreclose the 1 ien again::;t the Parce~
against ""'hich the assessment was levied. The Association shall not
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~ P'3 1880
be required to bring such an action if it believes that the best
interests of the Association would not be served by doing so.
There shall be added to the assessment all costs and expenses,
including attorneys' fees, required to collect same.
Section 5.7
Subordination of the Lien to Mortgages.
As provided in Section 5.3 above, the lien of the Association
for assessments and other charges of the Association becomes
effective from and after recording of a Claim of Lien in the Public
Records. This lien of the Association shall be superior to al.l
other liens save and except tax, liens against the property
encumbered thereby, and liens which are evidenced by a first
mortgage on any Parcel if such mortgage is recorded in the Puull~
Records prior to recordation in the Publ ic Records of any such
Claim of Lien against the same Parcel. A lien for assessments
shall not be affected by a.ny sale or transfer of a Parcel;
provided, however, that in the event of a sale or transfer pursuant
to a foreclosure of a first mortgage or deed in lieu of
foreclosure, the acquirer of title, his successors and assigns,
shall not be liable for assessments pertaining to the Parcel or,
chargeable to the former Owner of the Parcel whiCh became due prior
to such sale or transfer. However, any such unpaid assessments for
which such acquirer is not liable may be reallocated and assessed
to all Owners (including such acquirer of title) as an Association
expense. Any such s~le or transfer pursuant to a foreclosure or
deed in lieu of foreclosure shall not relieve the purchaser or
transferee of a Parcel from liability for, nor the Parcel from the
lien of, any assessments made thereafter. Nothing herein contained
shall be construed as releasing the party liable for any delinquent
assessments from the payment thereof, or the enforcement of
collection by means other than foreclosur~.
AR'l'ICLE VI
MAINTE~ANCE OBLIGATION OF ASSOCIATION
section 6.1
Common Area.
Except as otherwise provided herein, the Association shall at
all times maintain the Common Area in good condition, and shall
repair and replace, when nec~ssary, at its expense, all Common Area
improvements.
Scction 6.2
Right of Entry by Association.
Whenever it is necessary to enter a Parcel for the purpose of
inspection, including inspection to ascertain an Owner's compl iance
with the provi$ions of this Declaration, the Owner thereof shall
permit an authorized agent of the Association to go upon the
Parcel, provided that such entry shall be made only at reasonable
times. In the case of emergoncy such as, but not limited to, fire
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.9 pg 1 881
or hurricane, entry may be made at any time. Each Owner does
hereby appoint the Association as its Agent for the purposes he~ein
provided and agrees that the Association shall not be liable for
any alleged property damage or the ft caused Qr occurring on accoun t
of any entry.
ARTICLE VII
~INTENANCE OBLIGATION OF OWNERS
Except as otherwise provided herein: (i) each and every Owner
is strictly prohibited from mOdifying any Common Area without prior
consent from the Board of Directors; and (ii) each Owner may, at
its o~tion and at its own cost, and after notice to the
Association, maintain any or all of the portions of Common Areas
which abut and/or serve its Parcel. Should any Owner undertake
unauthorized modification, or cause damage, to any improvement
which the Association has the responsibility to maintain, repair
and/or replace, then the Association upon ten (lO) days pr ior
written notice to the Owner, shall have the right, through its
agents and employees, to remove the unauthorized modifications
and/or repair such damage. The cost thereof, plus reasonable
overhead costs to the Association, shall be added to and become a
part of the assessments to ~hich the Parcel is subject, and shall
be due and payable within ten (10) days after ~endition of a bill
therefor by the Association.
ARTICLE VIII
EXCEPTIONS TO ASSESS~ENT AND MAINTENANCE
OBLIGATIONS, CONFIRMATION OF EASEMENTS AND OTHER ~TTERS
Section 8.1
Conflict with other Articles.
The provisions hereof shall be controlling where at variance
with any other provisions ot Articles V, VI and VIr of this
Declaration of Restrictions.
Section 8.2
utility Easement~.
Notwithstanding anythinC] provided hereina fter, all util i ty
easements now existing within the present Association Pruperty
shall remain in full force and effect for the use and benefit of
all of the Owners of the Property and said Property regardless of
whether the underlying ownership of any Association Property is
vested in the Association or in the name of any other Owner.
Nothing herein shall obligate Qny Owner to maintain ~ny utility
improvements if the maintenance of such improvements is the
responsibility of a governmental body or a public utility.
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section 8.3
Drainage Easement.
There is imposed upon the northerly portion of Parcel 3H,
namely that portion thereof lying south of the south boundary line
of Parcel 2 and north of the westerl.y extension of the south
boundary line of Parcel 3A to the westerly Qoundary line of said
Parcel 311 (the "Orainage Areal!), an easement (the "Drainage
Easement") for maintenance of a drainage facility (the "Drainage
Facilityll) which, W'ithout limiting generality of the foregoing,
includes a drainage pond and retention area serving, and for the
use and benefit of, those of Parcels 1, 2, JA and any other Parcels
which now or hereafter require the use of such Drainagc Facility to
serve same, Which Drainage Facility may be expanded within any
portions of the Drainage Area as the circumstances may require. To
the extent that any portions of the Drainage Area are not being
used from time to time as the Drainage Facility, the same may be
used for other purposes. All of the foregoing is subject to any
utility easements heretofore established within the Drainage Area.
The costs of maintenance of the Drainage Easement by the
Association shall be assessed solely to the Owners of Parcels
utilizing the Drainage Easement for drainage pur.poses and each su~h
Owner shall bear that portion of such cost of maintenance that the
number of Membership Interests allocated to that Owner bears to the
number of Membership Interests allocatcd to the Owners of all
Parcels utilizing the Drainage Easement for drainage purposes.
Section 8.4
Easterly and Southerly Butfers.
As to that portion of the Utility Easement and Buffer Strips
shown on the Plat (the IISufferslr) abutting and running along the
easterly side of each of Parcel 3A through Parcel 3G and abutting
and running along the southerly side of Parcel JG, the maintenance
obligations shall be performed by, and at the cost and expense of,
the respective Owners of the said Parcels abutting said Suffers.
Section 8.5
Westerly Buffers.
As to that portion of the Buffers lying on the Westerly side
of Parcel 3H, running tram Golf Road (S.W. 23rd Avenue) to the
southerly boundary of Parcel 2, the maintenance obligations shall
be performed by, and at the cost ~nd expense of, the Owner(s) of
each of Parcel 3A through Parcel 3G, sharing the same in the ratio
that the Membership Interests allocated to each such Parcel bear to
the total Membership Interests allocated to all such Parcels.
Section 8.6
Balance of Parcel 3H.
Except for maintenance of the Drainage Easement above
described, the maintenance Obligations as to the balance ot Parcel
JH shall be performed by, a.nd at the cost and expense of, the
Owner (s) of each of Parcel 3A through 3G, each such Owner to
perform the maintenance obligations of that pOl.'tion of Parcel ,JH
which is contained within the extension of the north/south boundary
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lines of each of said Pa~cel 3A through Parcel JG running from the
west bound~ry line of each such Parcel to the ~est boundary line of
said Parcel 3H (the extension of the no~th boundary line of
Parcel 3A being identical with the common boundary line separating
Parcel ~ and Parcel 3H).
Section 8.7
Entrance Features.
Woolbright hereby grants to the Association a perpetual
easement to maintain the two entrance walls, signs thereon, and
related landscaping, which are located on either side of the Common
Area at the Woolbright Road entrance to the Common Area, on Parcels
1 and 2 of the Plat (herein called the "Entrance Features"). Said
easemertt includes the right to maintain, repair, and rebuild and/or
modify the Entrance Featurp-s, but the Association shall not have
the right to substantially alter the size, height, location or
appearance of either or both of the Entrance Features without the
prior written consent of the Owners of Parcell and/or Parcel 2 (as
applicable), which consent shall not be delayed or withheld
unreasonably. The Owners of Parcels 1 and 2 sha 11 have no
obligation to pay for any port ion of the cost of maintenanca,
repair, and/or rebuilding of the Entranc~ Feature. Instead, all
costs of maintenance, repair or rebuilding of the Entrance Feature
shall be allocated to the Owners of Parcels 3A through 3HI in
proportion to the Membership Shares of such Owners.
Section a.s
Median Signs.
There exists a median in a portion of the ingress/egress
eazement ~hich is part of Association Property known as corporate
Drive. The present and future owners of the Menorah Property and
the Partnership Property, and their respective sUCCessor:;;; and
assigns, shall each have the right to erect and maintain, at their
own respective cost and expens~, one sale and/or leasing sign (a
maximum of two signs) in the median, ~t the Woolbright Road
entrance. Such signs shall be subject to the applicable
requirements of local codes and ordinances, shall be of monument
design, shall be commercially customary in size and appearance,
shall be promptly removed at any time when the applicable parcels
are not for sale or lease, and may be replaced when the applicable
Parcels are for sale or lease. Neither sign shall have priority in
location over the other, and the location of such signs in relation
to each other (i.e., top or bottom, left side or right side, etc.)
shall be determined by agreem~nt of Menorah and the Partnership, or
otherwise by lottery.
Section 8.9
Defaulting OWner.
Notwithstanding anything to the contrary in this Declaration,
ir qny Owner (Q "Defaulting Owner") fails to perform to a
reasonable standard any maintenance responsibility allocated to it
under this Article VIII, the Association shall have the right,
after 10 days' written notice and opportunity to cure, to perform
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such maintenance obligation to a reasonable standard, to collect
the costs of such maintenance from such Defaulting Owner, and to
exercise the Association's rights under this Declaration to impose
liens for such costs upon the Parcels which are owned by such
Defaulting owner.
Section 8.10
4imited voting and Lien Rights.
Notwithstanding anything to the contrary in this Declaration:
(i) only ~he Owners who are allocated maintenance responsibilities
under this Article VI:II shall have the right to vote on the
incurrence of costs for their respective maintenancA obligations;
and (ii) the Association shall not have any lien right with respect
to any' maintenance obligation allocated under this Article VIII
except with respect to the Parcel (5) to which such maintenance
Obligation is so allocated.
ARTICLE IX
INsuRANCE
section 9.1
Property.
The Association may purchase and maintain a policy of property
insurance covering any or all the Common Area, and any fixtures and
equipment and common personal property and supplies thereon. This
insurance policy may afford protection against loss or damage by
perils normally covered by a standard extended coverage endorse-
ment, as well as all other perils which are customarily covered
~ith respect to projects similar in construction, located and use,
including all perils normally covered by the standard "all risk"
endorsement, where such is available.
Section 9.2
Liapility.
The Association shall maintain comprehensive general liability
insurance coverage covering the A~sociation, ~ith such coverages
as the Association shall determine for bodily injury and property
damage arising out of each single occurrence. Coverage may
include, without limitation, legal liability of the insured for
property damage, bodily injuries in conneotion with the operation,
mqintenance or use of the Common Area, qnd legal liability arising
out of lawsuits related to employment contracts .in which the
Association is a party. Such policies may provide that they may
not be cancelled or substantially moditied by the insurer, without
at least ten (lO) days prior written notice to the Association.
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ARTICLE X
GENERAL PROVISIONS
Section 10.1
severability.
Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no ~ise affect any other
provisions which shall remain in full force and effect.
Section 10.2
Amendment.
The covenants and restrictions of this Declaration shall run
witn the land and bind the Property, for a term of twenty (20)
years from the date this Declaration is recorded, ~fter which time
they shall be automatically extended for successive periods of ten
(10) years. This Declaration may be amended at any time and from
time to time upon the execution and recordation of an instrument
executed by Owners who are entitled to vote a majority of all
Membership Interests of the Association; provided, however, that in
no event shall any amendment modify in any material respect the
basis for aSSQssments or the maintenance obligations' of the
Association and Owners or alter the priority of the lien of any
mortgage existing at the time of any amendment, without the prior
written consent and approval of all Owners and, as to the priority
ot the lien of any mortgage, ~ithout the prior written consent and
approval of the holder of such mortgage.
Section 10.3
Notice~.
Any notice required to be sent to any Owner under tho
provisions of this Declaration shall be deemed to have been
properly sent when mailed, postpaid, to the last known address of
the person who appears as Owner on the records of the Association
at the time of such mailing.
Section 10.4
Ef1forcement.
Enforcement of these covenants, conditions and restrictions
shall be any proceeding at law or in equity and may be instituted
by the Association, its successors or assigns, or any owner,
against any person or persons violating or attempting to violate or
circumvent any covenant, condition or restriction, either to
restrain violation or to recover damages, or against the land to
enforce any lien created by these covenants, provided any such
enforcement shall not discriminate among Members, and failure by
the Association or any Owner to enfo4ce any covenant, condition or
restriction herein contained for any period of time shall in no
event be deemed a waiver or estoppel of the right to enforce same
thereafter.
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section 10.5
Interpretation.
In all cases, the provisions of this Oeclaration shall be
given that interpretation or construction that will best tend
toward the consummation of the purposes hereof.
section 10.6
;uthorized Action.
All actions which the Association is allowed to take under
this instrument shall be authori~ed actions of the Association as
approved by the Board of Directors of the Association in the manner
provided for in the By~Laws of the Association, ~nle$s the terms of
this instrument provide otherwise.
section 10.7
Sinqu~ar, Plural ~nd Cender.
Whenever the context so permits, the use of the singular shall
include the plural and the plural shall include the singular, and
the use of any gender shall be deemed to include all genders.
IN WlTNESS WHEREOF, the undersigned, being the Declarant~
hereunder, have hereunto set their hands and seals.
DECLARAN'l'S:
MENORAH:
MENORAH REALTY, LTD., a
Florida limited partnership
By: DALFEN'S ATLANTIC ENTERPRISES
LIMITEO, a corporation organized
under the federal laws of Canada.,
as its sol~ general partner
By~
Murray Oalfen,
~SSOCIATION:
BOYNTON COMMERCE CEN~ER PROPERTY
OWNERS ASSOC1ATION, INC., a Florida
corporation not-for-profit
By: '1tA 'YT
Murray Dalfen
its President
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WOOLBRIGHT:
WOOLBRIGHT PARTNERS, a Florida
general partnership
By:
WOOLBRIGHT INVESTMENTS, INC., a
Flori ~.6~rpZh' O. l' .
, '/' /,/ V -{; ,. ~: V'
By: ,.' ,.-!/' ," I/L,~(:{L-
'C!l.f d usseIl'
Its esident
By: THE RUSSELL COMPAN~, LTD., a
Florida limited partnership,
by its sole general partner
By:
and,
By: ~~ D,a,A dJ. (~l ~().;
CHARLES H. VON STEIN
Allot its General Partners
PARTNERSHIP:
BOYNTON COMMERCE CENTER LIMITED
PARTNERSHIP, a Florida limited
partnership
By: MIGjBOYNTON COMMERCE CENTER,
INC., a Florida corporation,
General Partner
By:LLLj~
Charles J. S ne,
Vice Pr~sident
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STATE OF FLORIDA
ORB
9729 P9 1888
COUNTY OF ~ )
Th~~.s.2~ng instrument was acknowledged before me this M
day of ~r~ 1996 by Murray Dalfen, as ~resident of Dalfen's
Atlantic Enterprises Limited, a corporation organized under the
federal laws of Canada, as the sole general partner of Menorah
Realty, Ltd., a Florida limited partnership, on behal f of that
pa~tnership. He is personally known to me or has produced
as identification.
'~'ilNIIINIIIIINllllttl(IINIIIIIIIIIIIIN'II"'" (
': ~""&l,.r -(J. Tbol1l41 C. Cobb ~
:!' - ~ NoW)' P\J)U(, S~1c of Florida (
.; o;!. ~ CornmJUiDD No, CC ....1-406 <
:' "'> 0' r\!~'" My ColT\nUuioa ~pirQ 0Jl.27/99 ~
I <
" j-'OO-J'NOTAJl'l',I'\L~~.It--'c., (
. ~~'WI""\'WI\'l\\\'.......\\w...,..,....\....\),\\....\,\....\...w.....).." ~
0Am10 C tIA-,
Name:
Commission No.:
Notary Public
state of Florida at Large
My commission axpires:
STATE OF fLORIDA )
COUNTY OF ~)
The fAr~q~~ instrument was acknowledged before me thi~ I~~
day of ~, 1996 by Clifford Russell, as President ot
Woolbright Investments, Inc., a Florida corporation, as general
partner of Woolbright Partners, a Florida general partnership, on
behalf of that pa!;tnership. He is personally known to me_...ol IIc1S
~dttceti a~ idoRtifioat~on.
~/.""INNIIINII'tlNII/tlllllll/llllllllllll"NN (
. ...r, (
:\ ~~..., Iy TIlr.m8~ (. Cobb (
:~ .. -;. N1I11f)' ~'j;\)I:, ',;, \~ c>f Floridl (
: ' ~ p CCrt,t.'l;3,i./ , ';C 441400 :
" ~o, r\.~~ My C(Jl:tlJlli~,' :; t.:ljliIel OJf].7/~ (
. . (
l~oo.),NQ1'AllY. PI. 1'1'''',. .."'ic,.\~Co. (
. \\\"I))..)\)\\\"I)W)....))'l)~~H\))"w.n\W1W\........)'1\\ ~
My commission expires;
~~. .~.~
N~me~~~Cf5 .
commission NO':~ 0 ~;~-=
Notary Public
State of Florida at Large
-oTk.:i'Al. NO'j",,!(Y~~/\L. 3
SHI::d.EY ) ~nlfrFir::l.D
NCTr^~'( r'U;;LlC S7ATE. or, HO!:ID/\
CC\f,~'msrG('; NO, CC~Qa)
MY uy."~":::::;',0.'~ 1::~r. iAN. ~,D:-(\
._~_f"__.'_~_"'-
STATE OF FLORIDA )
COUNTY OF[)~~ j
The h9-,r~~~~g instrument was aCknowledged before me this I...!l!!::
day of -F~~9"'; 1996 by Cl i fford Russell, a~ Pres ident of CLTV,
Inc., a Florida corporation, as general partner of The Russell
-15-
305 555 5555;
Feb-6-01 1 :26PM;
Page l//'iU
Sent By:
ORB 9-
9 pg 1889
Company, Ltd., a Florida limited partnership, as general partner of
Woolbright Partners, a Floridq general partnership, on behalf of
that partnership. He is personally known to ~e.er ha~ p~oJu~e6
-<M3'- idellt i r ict'tt:.i Cl r.
My commission expires:
Name:
Commission N
Natar-y Public
state of Florida at Large
r-----m~i7!."d. N()TAT7~Y7J:-
r;; i::',i':;'t' ! V:i '::!T:U,\)
j'<T' " """ ,',:" " C' ~,~",; o~ t;LOr.!D"
( ",',,' '::':,i:':<:'~:~-c~'~":2')' (
L..:'.~~:.'-" ..: ,', "~'."::::~'~:""~::::~::'~~
STATE OF FLORIDA )
COUNT~ OF i)~~
The~g instrument was acknowledged before me this ~
day of ~ , 1996 by Charles H. Van Stein, as general partner
of Waolbrignt Partners, a Florida general partnershipl on behalf of
that partnership. He is personally known to mE!. ~ hOD pror.hwQo
~c idQntifio~tioft,
My commission expires:
~1~~
Commission 0.: ~ '
Notary Public
State of Florida at Large
r: 01 (;':1/',1. ~0i'\k ~EAl.,
"H,~( U:Y f WI,::TfIELrJ
. ""'.' "". ,,'" , I,' C'7' ,-.: 0'" l'l ORIDA
. ... __. I ,'.~~ . ...', . . .. _ ,r'\ I '. (' C' .
: ,-.(~l \ ;,' .:' '.~~:::>>-i \,~('. CC'.;.Ji>\29
L.2'i'~I~~~~' ,\." ~.;.'~:~ ~_'~:::~, X2:..}.t;~..f~ ~L
STATE OF FLORIDA )
COUNTY OF~ ~
T~~egOing instrument was acknowledged before me this 3[~
day of uary, 1996 by charles J. Stone, as Vice President af
MIG/Boynton Commerce Center, Inc., a Florida corporation, as
general partner of Boynton Commerce conter Limited Partnership, a
-16-
Sent By:
305 555 5555j
Feb-6-01 1 :26PMj
page 'tji~o.;
ORB
9'.- '29 rs 1890
Florida limited partnership, on behalf of that partnership. He is
personally known to me or has produced _____ as
identification.
Nam~~~G~~ .
Comrnis ion No.: U. ~S- 0'7 J c;-
Notary Public
state of Florida
STATE Ot' fLORIDA
~\\\\\llllllllllll
a t ,~~ ~d Aa liJJ
:$'--S ,.';\~.~-9 ~'"
S' .,'~\~.IIlN~;", ~
~ " "l:ljl'Y I~ ~-". ~
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::.. ~ ..... \It ....:=.
_ . at .~_
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-;;JoI.'.4, \lo ::-...~
~~.......'boo.,I/'4~' ~...,,'~~
~")-~ ..~/"'i(too'n\\lr:.'~~~
~~IIX6', it $1 ~ ,~ ~"',"
11/1111/111\1\\\\
My commission expires:
COUNTY OF DADE
The fRr~~9jng instrument ~as acknowledged b~fore me this I~
day of ~, 1996 by Murray Dalfen, as President of Boynton
Commerce Center Property Owners Association, Inc., a Florida
corporation, on behalf of that corporation. He is personally known
to me. ~
e(!.~
Name: hornas C. Cobb
Notary Public
State of Florida at Large
<!INIIIIIINIl1ttlNIIIIIIIIIIIIIIIIIIIINNIIII" (
o ~" (
), <;;'~ II" _ lllorrw C, Cobb (
'I'" '~'co Nol&:)' Public. Stale orFlori~ ,
. ; ~ ~_i CbmmiHion No. CC ....1.w6 ~
, "">0' f\.o. My ColJl1llis"jclIlExpircs OJrl.719'9 ,
, (
f 1.loo.',NOfMY. n.. Pi......, -sn-.\u "-11*-1 Co. (
. ..,.."""",..""....."...,...........,...'w....."........,)...............,......"........... ~
-17-
305 555 5555;
Feb-6-01 1 :26PMj
UHt\ 972-9 P9 1891
r-o"d...... ,-,--
Sent By:
INDEX OF EXHI8XTS
A. Legal Description of the AS$ociation Property
B. Legal Oescription of the Menorah Property
c. Legal Description of the Woolbright property
D. Legal Description of the Partnership Property
-18-
-.---.........----......---.....-..-----
305 555 5555;
Feb-6-01
1:26PM;
. ~ .. '"'"" I .....-
ro,::,o;;... ....~I--
;ent By:
CONSENl vF HORTG~GtE TO DECLARATION
OF ~ESTRICT~ONS FOR BOYNTON COMMERCE CENTE~
NORTHERN TRUST SANK OF FLORIDA, N.A., a national bank (the
"Mortgagee"), as the owner and holder of that certain mortgage
executed by Woolbright Partners ana dated May 18, 1989 and recorded
in Official Records Book 6071 at page 571 as modified by
instruments recorded in Official Records Book 6456, page 1090,
official Records aook 6875, Page 1667, Official Records Book 7271,
page 666, Official Records Book 7758, Page 1909, Official Records
Book 8403, Page 1337, Official Records Book 8578, Page 1795,
Official Records aOOK 8826, Page 434, and Official Records Book
8853, Page 474, all in the Public Records of Palm Beach County,
which said mortgage encumbers all or portions of the Property
descriQed in the foregoing Oeclaration, hereby consents to the
execution of the Declaration of Restrictions for Boynton Commerce
Center.
This consent shall be binding upon th~ Mortgagee, its
successors and assigns.
IN WITNESS WHEREOF, the Mortgage~ has ouused this instrument
to be executed in its name and seal affixed on t.his ~~ day of
~eb. ud,t"i, 1996.
H~5-..l~~
Signed, sealed and delivered
in the presence of: NORTHERN TRUST BANK Of FLORIDA
N.A., a national bank
pr~~an"lL f"~(V BY:~~~~~\ll cc. Chd,,,y'0,,
~~~~~ f~~~~~
STATE OF FLORIDA
COUNTY OF
The fo~e~O~ng instrument was acknowledged before me this ~
day of l~ebtuafYI 1996 by I~,'II r'~~ L-, !v1crf'fSo.d...-, as ~ PreCid9T't c.ha.\(('l"\or)
of Northern Trust Bank of Florida, N.A., a national bank, on behalf
of the bank. He;.sae- is personally known to 2!\e OJ;: has p~'Qd1..lced
a~ i-Qed L,t r j,~<"l. t i no.
Nam~t~~
Commission No. :O"CI./-5~o G:>~~ R
Notary Public
state of Florida at Large
-19-
Of:FI'IA
NORA C WAGONeR
NOTARY PUBLIC STATE OF FLOIHDA
COMMISSION NO. ""53065
MY COMMISSION Fxr APR,16.1999
SEAL)
My commission expires:
,.,.~_..-----~-------
- -~------- --
Sent By:
305555 5555;
Feb-6-01 1 :45PM;
,- ... -' , .....
Page 2/19
CON N'_ .JF KOR'I'GAGEE TO DECLAPJ .Ci~,
OF RESTRXCTIONS FOR EOYNTON CO~ERCE CENTER
NATIONSISANJ< N.A. (SOUTH). a national bank (the
"Mortgagee "), as successor to Intercontinental Bank, a Fl OJ;' ida bank
("Intercontinental II) I as the owrner and holder of that certain
mortgage in favor of Clifford Russell, as Trus~ee of The Russell
Revocable Trust ("Russell"), da tad May 18, 1989 and recorded in
Official Records Book 5071 at Page 593 as assigned by Russell to
Intercontinental by instrument recorded in Official Records Sook
6241, Page 973, and as modified oy instruments recorded in Official
Records Soak 6241, Page 970, Official Records Book 7452, Page 518,
and Official Records Book 9041, Page 12, all in the Public Records
of Palm Beach County, which said mortgage encumbers all or portions
of the Property described in the foregoing Declaration, h~reby
consents to the exeGution of the Declaration of Restrictions for
Boynton Commerce Center.
This consent shall be binding ~pon th~ Mortgagee, its
successors and assigns.
IN WITNESS WHEREOF, the Mortgagee has caused this.hnst~urnent
;~~cuted in its name and seal affixed on the ~ day ~~
~_._., 1996.
Signed, sealed and deliveLed
in the presence of:
_llo?U<1_~ L", I lly:
Print Name:'" (),,~,'-'/'C ~'.t:......",'(j/) Title:
~aA,f:-;~~hC'VL_
STATE OF FLORIDA
COUNTY OF "Da..de.
The foregoing instrument ~as acknowledged before me this ~
day of February, 1990 by ~aren~. &iln)re. , as 5'.~'upre$ident
of NA.1'lONSBANl< N.A. (SOUTH) , a national bank, on bchulf of the
bank. He/3he is ~~,nal1y kvown to mG or has produced
as-rdentification.
My commission eXp~res:
Name: ~
comrniss on No.:
Notary Public
State of Florida at Large
(NOTARIAL SEAL]
.,.y~,,-
~q\fi"
*~*
~..,:tl(ffI1 ,.'"
" f, ~~
IVCTTF. crlr!:(ll)
My COmr.'l"~Io,, c.:C:J:l:;':"."
Exp..... 0.." 2 I. 1 ~97
Bonda.1 by AN9
DOO'IIJl,~713
-20-
Sent By:
305 555 5555j
Feb-6-01 1 :45PMj
IJI'C ~ {L~ ~" 1 bLl4
Page 3/19
otCLARATIO~
COMMERCE CENTElt
80ard of Tr stees of the General Retirement syst~ of the City
of Detroit, a pension plan and trust established by tfe Charter and
Municipal Code Of\~he City of Detroit, Michigan, b~aring the date
September 26, 199~ (the "Mortgagee"), as the owner and holder of
that certain mort age recorded September 27, 1;)91 in Official
Records BOOK 6971, ~ge 428, ot the Public Records of ?alm Beach
County, Florida, a.n certain related documents' recorded in the
Public Records of Palm Beach County I which said mortgag~ .;l.nd
related documents er\cumber all or portions of the Property
describod in the foregoing Declara tion, hereby consents to t.he
execution of the Oe~la~ation of Restrictions for Boynton Commerce
\ '
Center. \ '
\
This consent shall\ be binding upon the Mortgagee, iL~
successors and assigns. \
\
IN WITNESS WHEnEOF, t~c Mortgagee has caused this instrument
\
to be executed in its nllTl\e and seal aft ixed on day of
February, 1996. \
\.
\
\
\
Board of Trustees of the General
\ Retirement System of the City of
\, DetrC'li t, a pens ion plan and tru~t
· \established by the Charter and
Municipal Code of the City of
Dctroi t, Michigan, bearing the da te
\
Se~tember 26, 1991
\
,
8Y:\
Titl:~:
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
STATE OF
COUNTY OF
\
\.
,
\
'l'he to~egoing 'instrument was acknoIN1'edged before me this
\
day of , 19~6 by, \ I as
of Board of Trus't;ees of the General Rctirdtnent System of the city
of Detroit, a pension plan and trust establ~hed by the Charter and
Municipal Code pf the City of Detroit, Mich'gan, bearing the date
September 26, 119 91 on behal f of the Trustees. He/she is personally
known to me or' has produced a identification.
My commission expires:
Name:
Commission 'No.:
Notary publ.1c
state of
.:It Large
-21-
[NOTA.RIAL SEAL)
ORB
Feb-6-01 1 :45PM;
9729 Ps 1895
Page 4/19
Sent By:
305 555 5555;
CONSENT OF MORTGAGEE TO DECLARATION
OF RESTRICTIONS FOR aOYNTON COMMERCE CENTER
r .
JACKSON NA.TIONAL LIFE INSURANCE COMPANY, a ~cI1\ corporation
(the "Mortgag~e"), as the owner and holder of that c rtain mortgage
executed by Menorah Realty, Ltd" a Florida limited partnershi2,
dated February 28, 1996 and recorded in Official Records Book ~
at Page 51) in the Public Records of Pal~ Be~ch County, which said
mortgage encumbers all or portions of the Property described in the
foregoing Declar8tlon, hereby consents to the execution of the
Declaration of Restrictions for Boynton Commerce Center.
This consent shall be binding upon the Mortgagee. its
successors anJ assigns.
IN WITNESS WHEREOF, the Mortgagee hag caused this instrument
to be executed in its name and sea] ~ffixed on this ~ day of
liJ~, l 99"9-.
Signed, sealed and delivered
in the presence of:
JACKSON NATIONAL LIFE INSURANCE
COMPANY: a Michigan corporation"
by PPM f"
C, lrlc., Its authoriz:d ~grllt
B
Tl, e: esident
V<lI'idMZ 11 S.
. . C :1., ::nlor Vkc President
STATE OFJJJ~-d
COUNTY OF (l&A.J.
The foregoi~ instr~ment w~nOWledged bafore me this ~
day of March, 199f hy 1);Jud.;7J). .J / , as~ Presldent of
Jackson Nat iona.l Life Insurance ompany, a Micbigan corporation, on
behalf: of that corporation. He~ is personally known to me or
has produced as identification.
My rommission expireo:
1m~0N'ti ~t!/tl
Commission No.:
Notary Public
St<J.te of :tLLliJOf-5
[NOTARIAL SEAL]
OFFICIAL SEAL
LINDA L WALKER
NOTARY P\.l1SL.IC. STATE OF ll,.llNOl9
MY COMMISSION EX,PlRES:OI!,zc,r,g
""
-22~
Sent By:
305 555 5555;
Feb-6-01 1 :46PMj
VIW '7 ( .;;.. '7 r ~ .L (;:) '7 0
Page 5/19
EXHIBIT "~,,
LEGAL PESCRI~TION O~ ~SSOCIATION PROPER~Y
The land lying within the 50' and 80' Ingress, Egress and
Util i ty Easements, which run generally north-south as
dedicated pursuant to and shown on the Plat of BOYNTON
COMMERCE CENTER, recorded in Plat Book 46, Pages 126 and
127, Pub 1 ic Records of Palm Beach County, Florida (the
"Plat"), as amended by the deed ~nd easement agreement
referenced in and modified pursuant to that certain
Agreement dated November 12, 1995, between Boynton
Commerce Center Property Owners Association, Inc., et
al., recorded in Official Records Book 4736, Page 827,
PUblic Records of Palm Beach County, Florida.
said lands consisting of 2.9 acres, more or 1es5.
-23-
Sent By:
305 555 5555; Feb-6-01 1 :46PMj
ORB 9720 Ps 1897
Page 6/19
EXHIBI1.' "B"
LEGAL DESCRIPTION OF MENORAH PROPERTY
Parcels 3-D, 3-E, 3-F and ~ portion of Parcels 3-C, J-G and 3-H,
BOYNTON COMMERCE CEN~ER, according to the Plat thereof as recorded
in Plat BOOK 46, Pages 126 and 127 in the Public Records of Palm
Beach County, florida, more particularly described as follows:
COMMENCING at the Southwest Corner of said Parcel 3 -G; thence N
02.21'32" E, along the West line of said Parcel 3-G, for a distance
of 239.73 feet to a point on a line 35.00 teet South of and
parallel with the South line of said Parcel J-H, said point also
being the POINT OF BEGINNING; thence continue N 02.~1'321! E, along
the West line of said parcels 3-G and 3-H, for a distance 1054.60
feet; thence S 88"3;2'20" E, 166.02 feet to a point on the East line
of said Parcel 3-H: thence S 02":21'32" W, along said East line, for
a distance of 249.50 feet to a point on a line 40.00 feet North of
and parallel with the South line of said Parcel 3-C; thence S
88"32'20" E, along said parallel line, for a distance of 223.51
feet to a point on the arc of a tangent curve, concave to
Southwest; thence Southeasterly along said parallel line and the
arc of said curve, having a radius of 1534.00 feet, a central angle
of 18.07'47" and an arc distance of 485.40 feet; thence S 20"00'15"
W, along the East line or said Parcels 3-C, 3-D, 3-E, 3-F and 3-GI
for a distance of 805.04 feet to a point on a lin~ 35.00 feet South
of and parallel with the North line of said Parcel 3-G and the
South line of Parcel 3-H, said point also being on the arc of a
non-tangent curve concave to the Southwest (radial line to ~aid
point bears N 19" 08' 05" W); thence Northwesterly along sa id
parallel line and the arc of said curve having a radius ot 729.00
feet, a central angel of 17'40'25" and an arc distance of 224.87
feet to a point of tangency; thence N 88032'20" WI along said
parallel line 402.15 feet to the POINT OF BEGINNING.
TOGETHER WITH:
A 50 foot and aa foot Ingress, Egress and utility Eusement as shown
on BOYNTON COMMERCE CENTER., according to the Plat thereof as
recorded in Plat Book 46, Pages 126 and 127 in PUblic Records of
Palm Beach County, Florida.
Said lands lying and situate in Palm Beach County, Florida, and
containing 14.83 acres, more or less.
Note: Excluding the 501 Ingress, Egress and Utility Easement (1.33
acres) Which is p~rt of the Common Area, the Menoratl Property
consists of 13.50 acres.
-24-
Sent By:
305 555 5555j
Feb-6-01 1 :46PMj
Page 7/19
EXHIBIT "c"
LEGAL OESCRI~TION OF WOOLBRIGHT PROPERTY
Parcel Noo 1 and Parcel No.2, as shown on the Pl~t of Doynton
Commerce Center, recorded in Plat Book 46, Pages 126 and 127,
PubI ic Records of Palm Beuch county, Florida, being the same
property which is described as:
PARCEL NO. 1
Commencing at the Northeast corner of section 32, Township 45
south, Range 43 East, Palm Beach County, FloridaJ thence due West
(assumed), along said North line of Section 32, a distance of
112.84 feet to a paint in the W~sterly right of way line of The
Seaboard Airline Railroad right of way: thence South 20.0'15" West,
along said Westerly right of way line, a distance of 141.41 feet to
a poirtt in the Southerly limited acces::> right of way line of
Woolbright Roa.d, as shown an The Florida State Road Department
right of way map of state Road r-95, Section 93220-2411, Sheet 27,
said point also being the Point of 8eginning of the parcel to be
herein described; thence continue South 20'0'1511 West along said
Westerly right of way line of The Seaboard Airline Railroad, a
distance of 623.28 feet: thence North 69'59'45" West, a distance of
741.01 feet; thence North 2'21'32" East, a distance of 389.19 feet
to a point in the said southerly limited access right of way line
of Woolbright Road; thence North 87' 43 '10" East, along said
Southerly limited access right of way line, a distance ot 201076
feet to the point of curvature of a curve concave to the South;
thence Easterly, along the arc of said curve having a radius of
2784.79 feet and a central angle of 204'42", a distance of 101.02
feet; thence South 74' 26' 12" East a distance of 203.03 feet; thence
South 8S'11'57" East, a distance of 395.51 fee.t to the Point of
8eginning aforedescribed.
PARCEL NO. 2
Commencing at the Northeast corner of Se<..;tion 32, Township 45
South, Range 43 East, Palm Beach County, Floridaj thence due West
(assumed), along said North line ot Section 32, a distance of
1134.15 feet; thence due South, a distance of 60.95 feet to a point
in the Southerly right of way line of Woolbright Road, as sho~n in
Road Plat BOOK 4, Page 85, Public Records of Palm Beach County,
Florida, said point also being the Point of Beginning of the parcel
to be herein described; thence due West, along said Southerly right
of way line, a distance of 180.81 feet to the point of curvQture of
a curve concave to the South; thence Westerly, along the arc of
said curve, having a radius 1856.86 feet and a central angle of
3'57'36", a distance of 128.34 feet to a point in the Easterly
right of way line of Lake Worth Drainage District Canal No. E-4;
thence South 2'21'J2" West, along said Easterly right of way line
of E-4 Canal, a distance of 400 feet: thence due East, parallel
with the North line of said Section 32, a distance of 308.85 feat;
thence North 2021'32" East, and parallel with the said Easterly
right of way line of E-4 Canal, a distance of 404,45 feet to the
Point of Beginning aforedcocribed.
Said Parcels are lying and situate in Palm 8each County, Florida,
and contain 12.247 acres, more or less, a.nd do not include any
Common Area.
~25-
Sent By:
305 555 5555;
Feb-6-01 1 :47PM;
Page 8/19
EXHIBIT "pI!
LEGAL DESCRIP'l'I,qN OF PARTNERSHIP PR,OPERT"{
Parcels 3-A and 3-'8. and a portion of Parcels 3'~C, and 3-H, BOY~'JTON
COMMERCE CENTER, according to the ~lat thereof as reGarded in Plat
Bool<: 46, Pages 126 and 127 in the Pl,lblic Records of Palm Beach
County, Florida, more particularly described as follows:
BEGINNING at the Northwest corner of said Parcel 3-H; thence East,
along the North line of said Parcel 3-H, for a distance of 388.92
feet to a point on the North linp- of said 'Parcel ] -A; thence S
69059'45'1 E, along said North line, for u distance u[ 741.01 feet:.
to a point on the F.ast line of said Parcel 3-A; thence S ~ooDO'151!
W, al01;19 th~ East line of said Pa1.~cels 3-A, 3-8 and 3-C, for a
distance of 718.20 feet to a puint on a line 40.00 feet North of
and parallel with the South line of Parcel 3-C, said point also
being on the arc of a non-tangent curve, concave to th~ Southeast
(radial line to sa.id point:. bears N 19"'35' 2711 E) i thence
Northwesterly along said parallel line and the arc of said curve,
having a radius of 1534.00 feet, a central angle of 18007'47'1 and
an arc distance of 485.11 0 feet to a point of t.angency i thence
tangent to said curve, N 88032'20" W, along said p(;lrallel line, for
a distance of 223.51 feet to a point on the East line of said
Parcel 3-H; thence N 02021'32" w, along said East line, for a
distance of 249.50 feet; thence N 88QJ2'~O" W, 166.02 feet to a
point on the West line of said Parcel 3-H; thence N 02021'32" E,
along said We~t line, for a distance of 609.54 feet to the POINT OF
BEGINNING.
A po~tion of Parcel 3-G, BOYNTON COMMERCE CENTER, according to the
Plat thereof as recorde0 in Plat Book 46, Pages 126 and 127 in the
Public Records of Palm Beach CountYI Floridd, more particularly
describect as follows:
BEGINNING at the Southwest Corner of said Parcel 3 -G; thence N
02021'32" E, along the West line of said Parcel 3-G, for a. distance
of ;239.7':3 feet to a point on a line 35.00 ,feet South of and
parallel with the North line of said Parcel~ 3-G and 3-H; thence S
88032'2011 E, along said pa.rallel line, for a distance of 402.15
feet to ct point on the arc of a tangent curve, concave to the
Southwest; thence Southeasterly along said parallel line and the
arc of sai,d curve, having a radius of 729.00 feet, a central angle
of J7040'25" and an t:l.rc distance of 224.87 feet to a point on the
East line of caid Parcel 3~Gi thence S :20"'OOJ 15" E, along said East
line, for a distance of 179.94 feet to a point on the South line of
said Parcel 3~Gi thence N 88032120" W, along said South line, for
a distance of 164.10 feet to a point on the arc of a tangent curve,
concave to the Southeast; thence Southwesterly along the aic of
said curve, having (l radius of 2391.83 feet a central angle of
09046'1411 and an arc distance of 407.87 feet to the POINT OF
BEGINNING,
TOGETHER WITH:
A SO 1 and 80/ Ingress, Egress and Utility Easement as shown on
BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded
-26-
Sent By: j
in Plat BOOK 46, P
Beach County, Flor~~~.
305 555 5555j
Feb-6-01
1 :47PMj
126 and 127 in the Pub'
Records of Palm
said lands lying and situate in Palm Beach County, Floridn,
containing 20.64 acres, more or less.
~: Excluding the 50' Ingress, Egress and Utility Easement (0.84
acres) which is part of the Common Area, the Partnership Property
consists of 19.00 acres.
-27-
Page 9/19
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Sent By:
305 555 5555;
Feb-6-01 1 :47PM;
Page 10/19
\c V< \,~~<-l~
r5t 1 Prep.red by and Return to'
00BEr0' A. D' AnJRE, P.A.
250 AlRt'RALIAN A \InJUE, SJITE 3)1
WESl' 1?AU1 BE'AOi a 33li01
",,- Oil .;i;,~"" 9"~'\" 97 -'8-"'89
""'Ij- ;-\-1'7' - ,'..'II - " .'" -
t.\J W , I '_"''1..11' ~... ~~
r.P~ 09'::"9 P9 807
VI'~ I ____ I
.IJ 1II-"'IlV.l.J~ llU I III = H I!I!~. G
FIRST AMENDMENT
TO THE
DECLARATION OF RESTRICTIONS
FOR
BOYNT.9N COMMERCE CENTER PROPERTY OWNERS ASSOCIATION, INC.
FIRST AMENOMENT to the DeclaratioCl of Ra~trictiot')s for 80ynton Commerce CMter Prop~rty
Owners Association. Inc. i(; made as of this 16th day of July, 1997 by Menorah Realty. Ltd.. a Florida
limitod partnQrship ("Menorah"). Boynton Commerco Center Property Owners Association, Inc" a Florida
corporation not for profit (the 'Association"), Boynton Commerce Center Limited Partnership. ll. Florida
limited partnership (the .partnership"), and Woolbright Partners, a Florida gMeral partnership
(''Woolbright'') (Woolbright, the Association, the Partnership and Menorah arc ~ol!ectjve called the
"Declarants"l,
WHEREAS, the Declarants entQrgc;j into a Declaration of Restrictions dated as of the 29th day of
February, 1996, as recorded an April 4,1997 in Official Records Book 9729, PagQ 1874 in the Public
Records 01 Palm Sgach County. Florida (the .Declaration"). and
WHEREAS, the Declarants have agreed to the amend the Declaration,
NOW, THEREFORE, in consideration 01 the mutua) bennfits to the parties. as contoined in this
Amendment, tn\? Declarants hereby ~greG that thQ Declaration sh~1I and is hereby amended as follows:
1, Revisions to the LOQal 09scription of the "Association Property," Grant of Drainage
Easement over Association Property, Tho current description of the AssociatIon Property references the
land lying within the 50' and 80' Ingress. Egress and Utility Easements, which run generallY north/south
as shown on the PLAT OF BOYNTON COMMERCE CENTER, rE;lcorded in Plat Book 46, Page 126, (the
"Plat"). The Dli!ciaratlls now desire to amend the description of the "Association ProPQrty," ClS sot forth in
Exhibit 'Au of the Declaration to correct a scrivener's error. The dQscrlpt10n of th~ Association Property,
as set forth in the Declaration, shall be amended ~s set forth on Exhibit "AU attached hereto, .Declarants
hereby declare that the Association Property shall bg s\.Ibjoct to ;Perpetual, non-cxctusiv~ easement in
favor of all Parcels and their respe(:tive Owners for dralnoge, with th~ rigllt, privitegQ and authority to
construct. operate, lay, maintain. improve or repair subsurface pipes and associated drainaga facilities and
Gqurpment on, over, through, across or under Hle Association Prop(!rty. However, such construction
activity shall not unreOlsonably inlerfere with access and egress to any Parcel, and no neW permanent
above-ground drainage lacilities inconslsten,t with the design and apPQarancc of the Q)(jsting draina.ge
facilities will be permitted without the consent of a majority of th~ members of thp. Soard of Dir"ctors,
which consent shall not be unreasonably withheld, Upon completion of any such construction, repair,
r(;!storation, repr'lcem~nl, mainlenance or other alteration, arjY Owner porforming ~uGh work shall restore
the surface of the Association Property to the sama condition it was in immediately precedif1g the
commencement of such work by thlC' Own or, The co:;t of construction and maintenance of any drainage
facilities or equipment installed or constructed on, aller, through, acro:;s or under the Association Property
shall be the responsibility of the Owner who installed or constructed such facilIties or equipment.
Sent By:
305555 5555;
Feb-6-01 1 :48PM;
Page 11 I' 9
ORa
9929 p~
808
2. Sgction 8,3. Section 6.3 or the Declaration is deleted in its entirety and the following
substituted therefor:
Section 8,3
(a) Drainaqe Ei:I,sement. Declarants hereby oeok'lrl;l that Parcel 3H. as set forth
on the Plat, shall be subject to a perp~tuar, non-exclusive easement In favor of all Parcels
and their respective Owners for drainage with the right, privilege and authority to: (i,
construct. operate, lay, mn.intair., improve or repair subsuriace pipes and associated
drainage facilities and equipment on, over, through, across or under Parcel :3H; (il) tie into
and utilize existing drainGlg e facilities and equipment located on Parcel 3H: and (iii) utilize
<;lnd discharge storm water into the drainage and retantlon pond currently located on
Parcel 3H (collectively thG "Drainage Easement") Upon completion of any such
COnstruction, ropair, restoration, replacement, maintenance or other altoration, any Owner
p~rformin9 such work shall restOre the suriace of the Drainagl? Easement to the same
condition it was in immediately prec~ding the commencement of such work by saId
Owner, The cost of construction of any drainage facility or equlpmel1C installed or
constructed on, over, or acros!j such Drainage Easement ~hall be the responsibility of the
Owner who installed or con~tructed such facility or equipment. The right to use the
DraiMge Easement for any purpose compat/bfe with the E!asement granted hereby,
including parking ami other purposes allow(!d by law, is expressly reseNcd by the
Owner~ of the underlying f~e simple iliterest in said Drainage Easement. Tho
maintenance of the Drainago Easement shOll1 be the responsibility of the Association. The
COst ot lTIaintonancCl of the Drainage Easem~nt by the Association shall be assessed
solely to the Owners of Parcels utilizing the Drainage Easement for drainage purposes
and each such Owner shall hear that portion of the cost of maintenance that the number
of Membership IntNests allocated to th::lt Owner bears to the total numbGr of Membership
Interests alloc;atgd to the Owners of all Parcf?ls utilizing the Drainage Easement.
(b) Parcel 3G Drainnqe Easemant. Doclarants hereby declare that the northern
35 feet of Parcel 3G shall be subject to a pb!rpetual, non.exclusive easF.!ment in favor of
all Parcets and U~elr respective Owners for drainage. witt' the right, privilege and authority
to construct. operat~. lay. maintain. improve or repair subsurfaco pipes and associated
drainage facilities and equipment on, OVN. through, across or under the northern 35 feet
of Parcel 3G (the "Parcel3G Drainago t;:ascrnont"}. However. no new permanent above-
ground drainage facilities will be permitted wittlQut the consent of the Owner of tho
tmdl:?rlying fQe simple interest in said Parcel 3G Drainage Easement Upon completion
of any such constructicr), repair, restoration. replacement, maintenance or other arteration.
any Owner performing such work shall restore the surface of the Parc~1 :JG Draln~ge
~<lsernent to the same condition it was in imrnediat,,'y preceding the commencement of
such work by said Ownor, Th~ right to USQ the Parcel 3G Dralnago E;osement for any
purpose compatible with th~ eas~ment gr~nted hereby, including parking and other
pUrposQS allowed by law. is exprG!>sly rQserved by the Owner of the underlying fee simple
Interest in said Parcel 3G Drainage E.J:>ement. Tile cost of construction and maintenance
of any dminClgs facilities or equipment installed or constructed 011, over, through, across
or under the Parcel 3G DrainClge Easement shall be the responsibility ot the Owner who
installed or constructed such facilities or equipment.
3, Section 86. Sactian 8.6 of the Declaration is anlendp.d to exclude Parcol3-G frorTl sharing
proportionately In th~t0nanc(',! at the "Balance of Pnrcel 3-H". and tIle costs and expenses thereof,
other than for drainage as provided in Section 8 3 of the D~claratlon,
2
Sent By:
305 555 5555j
Feb-6-01 1 :48PMj
Page 12/19
ORS 9929 P9
809
4, Recordation. The Declarants further agree that they shall record this First Amendmant to
the Declaration of Restrictions in the Public Records of Palm Beach County, Florida as requir9d to effect
the cha.nges referenced herein.
5, Ratification of the Dec;:,1aration, Capita!iled t~rms not otherwise defined herein shall have
the meanings given to them in the Declaration, The Declar3nts hereby ratify the Declaration of Restrictions
as hereby amended, and confirm that thg Declarotion. as amended, continue in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarants hereunder, have hereunto settheir
hands and sQals.
J!TNfS~ ;
3Q~
~t!~
OI\{A':> L. (o;3b
1dt~(gA
---
&1~
(t:'
DECLARANTS:
MENORAH:
MENORAH REALTY, LTD" a
Florida limited partnership
BY:
DALFEN'S ATLANTIC ENTERPRISES
LIMITED, a corporation organi;zed
uncler the federal laws of Canada,
as its sole gene~rtncr
By: -;-Y/ -
. enl
~SOCIA'rION:
BOYNTON COMMERCE CENTER PROPERTY
OWNERS ASSOCIATION, INC" a Florida
corporation not.for-profit
8y:
Murray Da en,
its preSldentc- '
~/
WOOLBRIGHT'
WOOLBRIGHT PARTNERS, a Flonda
general p<J.rtnorship
BY:
""-L
JjllJt)~t
n;
, ,eJJi.s
....VX
'tJ
:J
aooJ.
a r"",
Sent By:
~1-rtV6~S :
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~
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I l Li..-= '- . C(L 4 I L Q..
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305 555 5555;
Feb-6-01 1 :48PMj
Page 13/19
ORB
9929 P9
B10
BY:
THE RUSSELL COMPANY, l TO" a
Florida limited partnership,
by its sole general partMr
BY;
and)
8Y:
'~4. ~rUu.Av
CHARLES H. VON STEIN
All of ils General Partners
PARTNERSHIP:
BOYNTON COMMERCE CENTER LIMITED
PARTNERSHIP, a Florida limited
partnership
BY:
MIG/BOYNTON COMMERCE CENTER, INC.,
a Florida Corpo ration,
General PartMOlr
By~5- {~
Barry S, Allshulcr,
Vice President
STATE OF ~'- )
)S8:
COUNTY OF ~ )
I HEREBY CERTIFY that on this J1jday of ~~ AD, 1997. bgforemepersonaHyappearcd
Murray Dalfen, as PmSldent of Da.lren's Atlantic Entcrp;t~":"" ~ited, a corporation organi2:ed under the
rederallaws Qr Canada, as the sole general partner of Mef'lor~h R~alty, Ltd'l a Florida limited partl1$rship,
on b~halt of that partnership He is personally known to me orflOG prod....ced id.-nlifka\ton
_'_'.._ and he did/~l tako an oath,
:;1"1111/1111,111111"11. WIINIIIIIIIIIIIIIIIIII1I1UI<
,); \)'~~' .it,(~ TOon1.1s C. Cobb ~
. . .. ~... Nn[aty Public, S~le of Flotlda (
, : ~ W1 ~ Coram iniull No, CC 44(406 :
.' ">0' ",0'" My Commissiol) I!xp~, 03/27/99 (
. ' (
, 1,'OO,J.I<IOT,u,v, J'IA. ,",Ylv)' $orvlocA BaWolI'Co. (
.t "" """" "''''' """ \\ "" '" "'"'' "'''' '
9 eMn-
Notary Pub 'c
./.
Name:~
4
;-;;'ti!r
"~
~
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)
Sent By:
305 555 5555j
Feb-6-01 1 :49PMj
Page 14/19
STATE OF
~,...
J).Hh
ORB
9929 P9
811
COUNTY OF
)
)ss:
)
1 HEREBY CERTIFY that on this J.J.i:!-day of ~ A.D. 1997. before me personalty appeared
Murray Dal1en, as President of Boynton Commerc~ C~erty Owners Association, Inc" a Florida
corporation, on behalf of that corporation, He is personall~ known to me or M9 preduecs faCf1tj~e3tjOf1
" and hQ did/~t take an oath.
)IIIIIIINNINtlllltIININIIIIINIIIIIIIIIIIIJIII (
), r:-.~' 't.-'c. Tbornu C, Cobb ~
'I' .. ~ <' NolM)' Public. Sl.;ll~ of Florida (
. ; o;~ ~ Commissioll No, CC 441~06 ~
'I '>~, f\.'>J~ My ConuuilSioQ Expires 03/2719'1 <
, (
, 1,IOOH<cTA1V. 1'14 !'lOW)' s.:,..,,,,.. ~. (A, (
.J\ \)") 'I '1)))\)\ )'\w.) )WWJ'I)\ )\W~\'" 'I ,.,\W~ '1\) , '\ ~
&C~
Notary Publ~1. _. ~ t? f1 /7
Namo: I~# C . un}?
STATE OF FLORIDA
)
)SS:
)
COUNTY OF ]),4DCZ
,...!" I
I HEREBY CERTIFY that on this .;1~ day 01:fv '1 AD, 1997. before me personalty appeared
Clifford Ru sse!I, as Preside"t or Woolbright Investments, lnc" a Florida corporation, a~ general partner of
Woolbright Partners, a Florida general partnership, on beh~lf of that partnership. He is personally known
to me .1 .... plod"'." i1.'lifi<......n.:: ~. b:" d ~ ~ t ~ ~" ,r, I>e Eli.:(!~.i~e ~ _
orncw. NO'T'ARY SEAL ~ ~_~ ~
mU.'f:N p G\JLO~ N-:O Notary PUb!'9 _ I . / LJ /. / j /J I
NOiARYflJGUCSTATj:C+Fl.()!i;uA Name:~( erv f. l.T'(I(rJf-Qr'o
Cm,1MlSS10:>1 i'!'J, CC';"~(\5j5
MYCOMMTSSION EXP. MAR, 17.1W:I
STATE OF FLORIDA )
)SS:
COUNTY OF '})~ 'f ---1
I HEREBY CERTIFY that en this~ ~~Y of ::r~I~ AD, 1997, before me personally appeared
CliHord Russell, as President of CL TV, Inc., a FlOrida corporation I as general partner of The Russell
Company, Ltd., a Florida limited partnorship, as general partnor of Woolbright Partners, a Florida general
partnership, on behalf of that partMrship, He is personally known to me ~ h.!l3 "reeJuood jdgntitka~
_ and he ~id not take an oath. . I /_
r;;!ie&~ / /GULL---
Net<l.ry P"9~c ! /J
Name: tt~ lie tV' , /d~Clr:
, I
I
NOTAHY r'tmu.:: S'V.::: ,)~ ~'1.C,~'11;/' i
CG:.f:\):~ill," ,\',1 CC!-:Of.,,;=, ;
MY COMM1S5I m-l EX!' ,''tAli., l?,l"",~
OFFICIAL Nar.A[.(Y SEAl,
HELL~."-i PCC'JLf.'r,'J:13
5
Sent By:
305 555 5555j
Feb-6-01 1 :49PMj
Page 1511~
ORB
9929 P9
812
5T ATE OF FLORIDA
COUNTY OF YA:V ~
}
)5S:
)
f?1 -}
I HERE:BY CERTIFY that on this B-3 day of J4 _ A.D. 1997, Defore me personally appeared
Charles H. Von Stein. as general partner of Woolbright~ a Florida general partnership, on behalf
of that partnership, He i~ personalfy known to me aT h8~ 1'1'~d idefltUicatien
and he d,di<H~ take an oa,h. i / .~
omCl,t..LNOT~YSEAL d~ / ~(--
tiEl.LEN P GOLOFAl/..B .-
NorA:RY~lmllcsrt-~n:,-'r- F'~(;lRIDA Notary PUb~ // / /./..- I fA /
COMMISSION (',;0, CCH0t35, Name: t: ({ C IV . C.:rOIU, C( rb
MYCOMM[s.$10N E.xr, ~1AR 1?.;99
STATE OF FLORIDA )
---;} '~ 11 dV'i '.1....l s s :
COUNTY OF y~ \~'I:-N.!. b ') ,
l1.-nt ~ I .
I HEREBY CeRTIFY th<1t on this n2..: day of ~Ju III A.D. 1997, before m~ personalty appoared
Barry S, Altshuler, as Vice PresidQnt of MIG/8oynton ~e Center, Inc,. a Florida corporation, as
general partner of Boynton Commerce Cent~r LimitGd Partnership. a Florida limitQd partn~~hip, on behalf
of that partnership, He is personally known~o me or has produced idQntification Nj'fJ:::
and ne did/d~~_~~!JaKlran oath, .)
~\,\\\\IIIIII/I/"III.
/~ . \ ~. l..4Q" 'III"
~V;,'fI",..("1 ~
s ~..' :.J..~~SI0,(f ,.C'~.. ~
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~.I11 '(;elic"~;'~ \i \~"
11(/ ' ~'" \,\
/111/1 III Ill""
_., I ~1~'nGnd ClEC
6
Sent By:
305 555 5555j
Feb-6-01 1 :49PMj
Page 16/19
ORB 9929 PI;!
813
EXHIBIT 'A~
~EV1SEO DESCRIPTION OF ASSOCIATION PROPERTY
The land lying within the 50' and 80' Ingress. Egress and Utility EAsements. which run
generally north.south as dedicated pursuant to and shown on the Plat of BOYNTON
COMMERCE CENTER, recorded i" Plat Book 46, Pages 1:26 and 127, Public Records of
Palm Beach County, Florida (the "Plat"), as amended by the doed and easement
agreement referencli!d in and mOdified pursuant to that certain Agreement dated
November 12, '985. b9twecn Boynton Comrnerce Center Property Owners Association,
Inc. @t 011., recorded in Official Records Saok 4736. Page 627. Public Records of Palm
Beach County, Florida,
Said lands consisting of 2.9 acres. more or less.
305 555 5555;
Feb-6-01 1 :49PM;
Page 1 f! 1 ~
Sent By:
ORB 9929 P9 814
CONSENT OF MORTGAGEE TO DECLARATION
OF RESTRICflONS FOR BOYNTON COMMERCE CENTER
JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation (the
"Mortgilgec"), as the, O\VT1er and holder of that certain mortgage executed by Menorah Real~, Ltd.,
a Florida limited partnership, dated February 28, 1996 and recorded in Official Records Book 9151
at Pag~ _.272- in the Public;: Records of Palm Deach County, which said mortgage encumbcr,5 illl
or porrions of the Prope rty described in the Declaration of RescrLctions dated February 29, 1996 and
recorded April 4, 1997 in Official Records Book 9729, Page 1874 of the Public Records of Palm
neach Coumy, Florida (the "Declaration"). t\nd hereby consents to the ex~cution of the First
Amendment to the Declaration for Boynton Commerce Center.
This consent shall bc binding upon the Mortgagee. its successors and assigns,
IN WITNESS WHEREOF, the Mortgtlgee has caused this instrument to be executed in its
name and seal affixed 011 this 1fTJI- day of ItUq?l!J7 ,1997.
Signed, scaled and delivered
in the presence of;
JACKSON NATIONAL LIFE INSURANCE
COMPANY, a Michig:J1l curpornlion
~
By:. '
l,,:g:\w - , .~ ~/Wv--r
Print
ST^TE OF -:f/~//J()/~
COUNTY OF ClmZ
)
)SS;
)
Th\.: foregoing ins\rument was ilcknowlcugc,d before me this J(T/I- day of /k1{,t/~1 r
1997 by MJ//t; (7J 2AC~ as ,fit; iJ.kJ;fJ 2dJ. At,!'..;),l7' of Jnckson National Life
Insurance Comp:\ny. iI Michigan corporation. on bcl1::l1t' of that corporation, He/She is personally
known to me or h;\<; produced ,_,_ liS iJt:ntitiG(\tion
Mycommi"ion "'pi"" _~d'b-sd.. ~u.4d<-a~_
NarnL':_.~-It.-(.,.i4rV ,~ 7i~I'1'P -
Cql1lmi<;silln N\lrnhcr:__, . ~..
Notary Pllblic
Sta te of "7''--'-1 .t!dl .')
!lCU'fl., ,'.. au. / ,.va
lNOTARIAL SEAL]
G'-'-'~' "'(~:';-:--:--- ::<,-;- .., '~-'_...
IIlll."':,,\,
NOTA 1<\ ' '. ,_" 'LUl'.'f)i:;
~f~,..(~r~:__, ~~ \,1', \,(',U;",::11
---- '.-.--.-.
----- ------------ -.---
305 555 5555;
Feb-6-01 1 :50PM;
Page 1tjfl~
Sent By:
ORB 9929 P'3 815
CONSENT Of MORTGAGEE TO DECLARATION
OF RESTRICTIONS FOR BOYNTON COMMERCE CENTER
NATIONSBANK N,A. (SOUTH) , a national bank (the "Mortgagee~), as successor to
Intercontinental Bank, a Florida hank ("Intercontinental"), as the owner and holder of that certain
mortgage in favor of Clifford Russell, as Truste{; of The Russell Re.vocable Trust ("Russe1l"), dated'
May 18, 1989 and recorded In oflida! Records &>ok 6071 at Page 593 as assigned by Russell to
Inter<.~ontinental by instrument recorded in Official Records Book 6241, Page 973, and as modified
by instluments recorded in Oft1cial Records Book 6241, Page 970, Official Records BoOk 7452, Page
518, and Oftidal Records Book 9041, Page 12, all in the Public Records of Palm Beach County,
which said mortgagl.~ erlcumbcrs all or portions of the Property described in tne Declaration of
Restricr.ions dated February 29, 1996 nnd. recorded April 4, 1997 in Official Records Book 9729,
Page 1874 of the Public Records of Palm Beach County, Florida (the "Declaration"). and hereby
consents to the execution of the First Amendment to the Declaration for Boynton Commerce
Center.
This Cl..)nset\t shall be binding lIpon the Mortgagee, its succc:-;sors and as\;igns,
IN WITNESS WHERE?J-lr Mong, 'ee
name (md seal affixed on the _ day of
Signed, sealed and dcli\i~~rcd
in the presence of:
s cau~ed this instrument to In: executed in its
,1997.
NAT~ONS)3,AN1( N,A. (SOUl1-I)
a natlonalfbank...-, /) '- ,! rj
By,}c,r i ,,_ /J (!J,",,~
/. "." ~' /;7)
lt~L ,~)I( (/(--<. V(?;.;/~ I "'!L<J~
:t:U '"
LJr.-,<V1 i ~- "fO.!':}';",;
STATE OF fLOXI OA )
-t-vl tl" )SS:
COUNTY OF ~ .__)
~ '.11. Cf7-< ~
The orcooino ill~crllrncnr W(15 ac.:knowleqgcd b' ore Ole this :) day of ~,
1997 by !.:rI'Irr10 re_ as 2r' V! ./ d~r of NATIONSBANK N,A.
(SOUTH), (\ national bank. on behalf of lhat bank, He/She is personally known to m~ or has
produced Ll~ ick'ntific.:atJofl. .
Nnme:...
Fto rl a.l~
lNOTAR1AL SEAT 1
~.,., ,~ lVl1'U c~ PO
.fl n 4' My Co,-.,INI,iof\ ~C3~Z&O'J
* ~ 'Jtr f;lIllltu D~, 21. ' ...
qg. BoJr'Idotd I)V ~tjB
" <1"" &OO.4!12.~70
1'1/1' ,,\I
My commis~ic1l1 expires:
nr.:c.lJ()A.,k nd~ r _."a
~ ~----- ---------
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO: John Doogan, Avirom & Assoc
FAX: 561-394-7125
FROM: Pat Tucker
DATE:
3/23/01
NUMBER OF PAGES: (including cover) J!J
Boynton Commerce Center
RE:
You are on the Planning & Development Board meeting Agenda in the City Commission Chambers on
March 27th at 7:00 PM.
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742.6260. Thank you.
L
TRANSMISSION VERIFICATION REPORT
TIME 03/26/2001 10:22
NAME BOYNTON BEACH P & Z
FAX 5613756259
TEL 5613756260
DATE,TIME
FAX NO./NAME
DURA TI 01'1
PAGE(S)
RESULT
MODE
03/26 10:14
91561394712508865
00:07:40
14
OK
STANDARD
ECM