Loading...
APPLICATION , . , / . . .. , I ! .1 APPLICATION TO ABANDON/VACATE BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM NOTE: This form must be filled out completelY and accurately and must accompany all applications submitted to the planning Department. (Three (3) copies of application are required.) PROJECT NAME: AGENT'S NAME: CEDAR RIDGE, A p.U.D., AND HIGH RIDGE COMMERCE PARK, A 1'.1.1J. J. RICHARD HARRIS, ESQUIRE SCOTT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.~~, 4400 PGA BOULEVARD, SUITE 800, PALM BEACH GDNS., Fb: 33410 AGENT'S ADDRESS: AGENT'S PHONE: (407) 624-3900 FAX: (407) 624-3533 OWNER'S NAME: (or Trustee's) CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC. OWNER'S ADDRESS: c/o JAMES VANDERWOUDE, 430 NORTH "G" STREET, LAKE WORTH, FLORIDA 33460 OWNER'S PHONE: (407) 588-3854 FAX: (407) 585-5574 PROJECT LOCATION: EAST OF HIGH RIDGE ROAD. \/EST OF THE SEABoARD RAILROAD (!lQ! legal descriPtio.&b SOUTH OF GATEWAY BOULEVARD CORRESPONDENCE ADDRESS: * N / A-SAME (if different than agent or owner) * This is the address to which all agendas, letters and other materials will be forwarded. 04/09/97 WED 09:50 FAX 407 624 3533 SCOTT ,ROYCE ~002 '.,---.. ~ SCOTT ROYCE ,--,. SeorI', Roycs, HARRIS, BRYAN, BARRA & JORGENSeN, P,.A. " ~ r 0 '" N ~ v, -,,' T ~"w. February 12, ,1997 Via Fax; (561) 375-<<)80 M& Tambri J. Hayden p~'and Zoning Dep&rtmert Cky of ~rton. Beach 100 Boynton Beach, ~ Second Floor, w. WIng ~ BeaCh.FIotida 33425 RE: Condor 1nV8IIm8I'1IB of Palm Beach Co&gy, Inc. Ab8ndoIim8I'l c:l Miner' Road De8r T8f1Ibri: In ~ ~ 1995, Condor InVestmentS of Palm Beach County, Inc., recaived approval arthll .ab8ncJonrnenl c:lvariOuSdediOaliOns for Miner 'Road b8twMn'H;gh RIdge Road and the CSX Railroad right.oof.way and ~ ot a Iandscspa bWfering easement and limited access easement. The abandOnment was approved liIlbjfK% to * (6)condllions. 1be11ev8 the la8I,condiIiOO to be flAiled is set forth in the minutes of the meeting of December ." 19, 1995.85 CQmrTI8It number five (5). In that regard, I am endosing herein a copy of the 8Kecuted Easement Ag~'whIdt has I1CM'been recorded in the Public Records. Accotding . to the motion thIa was adopred, the' abandooments are approved. subject to the conditiOnS being met priOr to a resoILDxl being prepared. Please review your fie concerning this ,matter to verify thSl all. conditions have now been mea and WOrm me... to the procedure that must now be foJIow8d to have the final r8SOIUliOnS, of abandOnment prapared ancIadopted by the Commission. As aaways, '1, apprBCiD your cooperation. V8IY W1y' yours, CYb()!~ ~- JRHIIuab Enctoewee cc: COIMIOr ".lntI 01 P.... .... Counly. Inc. mCI'iAJu) l( 8AR~' )OHN L. ~I'.YA.:-I;)R,',1. :O:lCillJIDtlAltRlS IOHN M.JO~(j~N8~N . J)QNI'AA, NJJ:IISM! . K.lMN M W/IONER !(AlMON!) 'IIf, leYCE . iODElIT C. SCOTT 11936.1 ~n) '400 l'GA IlOLJU!,rARD, SUITJ;SOO . PALM BEACH O'\I!DENS. FLOtillA 33410 (661) 62..3900 . FAX (561) 1124.3533 SCOTT,ROYCE ::ll,;U'!'!'. KU}l,;t; ~003 ltjOUl 04/09/97 WED 09:51 FAX 407 624 3533 V':J ~v/ll' ( ',UUJ LV; ~'l .r4A 'IVi V~.. il\la" ********************* *** TX REPORT *** *******.*.*******.*** TRANSMISSION OK TI/RX NO CONNECl'ION TEL SUBADDRESS CON~ECl'loN In ST. TIME USAGE T pes. RESULT 2679 3756274pp10001 02113 10:18 05'54 7 OK 04j~9/97 WED 09:51 FAX 407 624 3533 SCOTT ,ROYCE ~004 PREPARED BY ~~ RETURN TO: J. Richard Harris, Esquire Scott, Royce, Harris, Br~an . Barra & Jorgensen, P.A. 4400 PGA Blvd., Suite 800 Palm Beach Gardens, FL 33 10 wi: ~32 ~'I:J1 FE8"'12-1997 4:03PII '97-053239 ORB 9654 P9 787 I ..._.....__ EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (herein referred to as the I1Agreement") is made this ~\..day of PI;CJlorrv--'J ' 1997, by and between WASTE MANAGBMENT INC. OF FLORIDA, ~ Florida cor~oratiou (WASTE MANAGEMENT) , and FLORENTINE MARBLE COMPANY. INC. ( "FI.ORENTINE1"), and GBNEVIEVE ROLl"YSON and JAMES H. ROllr..i"SON, COTRUSTEES OF THE GENEVIEVE ROLLYSON REVOCABLE TRUST DATEO SEPTEMBER 23, 1989 ("ROLLYSON"). R Bel TAL S A, WASTE MANAGEMENT is the owner in fee simple of the following described property (herein referred to as the "WASTE MANAGBMENT PARCEL") : The East 50.00 feet of the following described tract: A portion ot the Northwest one-quarter (NW 1/4) of the Northwest one-quarter (NW 1/4) of Section 16, Township 45 South, Range 43 Edst, Palm Beach County, Florl~a, more particularly described as follows: BEGINNING at the Southeast corner of Lot 16, BOYNTON BEACH DISTRIBUTION CENTER, accol:ding to the ~l~l- L.llf==.r;~()f, as recorded in Plat Book 47, Pages 100 and 101, of the Public Records of Palm Bea.ch County. Florida; THENCE North 00000'07" East, 232.02 feet; THENCE South 87042'35" East, 449.23 feet; THENCE South 00006'46" West, 232.00 feet; THENCE North 87042'35" Westl a distance of 138.99 feet to a point on the arc of a non-tangent curve concave to the Southwest (said point bears North 55025'13" East from the radius point of the next described curve); THENCE Northwesterly along the arc of said curve having a radius of 50.00 feet, a delta of 95D57'48", an arc distance 0= 83.74 feet to a point of reverse curva~ure with a curve concave to the Northwest; THENCE Sou~hwester~y along the arc of said curve having a radius of 25.00 feet, a delta ot 42050'00", an arc distance of 18.69 feet to a point of tangency; THENCE North 87042'351r West, 218.80 feet to the Point of Beginning. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida; CONTAINING 11.600 square feet (0.266 acres), more or less. 04/09/97 WED 09:52 FAX 407 624 3533 SCOTT,ROYCE ~005 ORa 9654 P9 788 B. FLORENTINE is the owner in fee simple of the following described real property (herein referred to as the "FLORENTINE PARCELtI) : A parcel of land lying in the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 16, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows; Commencing at the Northwest corner of said Section 16, run South B7040'45" East, an assumed bearing for the North line of said Section 16, a distance of 1352.17 feet to the Northeast corner of said Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 16; thence South 00006'46" West, along the East line of said Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 16, a distance of 624.71 feet to the POINT OF B8GI~lNING of the hereon described parcel of land; thence continue along the East line of said Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 16, a distance of 30.02 feet to the Northeast corner of Lot 12 of the subdivision, BOYNTON BEACH DISTRIBUTION CENTER, as recorded in Plat Book 47, Pages 100 and 101, of the Public Records of Palm Beach County, Florida; thence run North 67042'35" West, along the NOI'th line Of said Lot 12, a distance of 130.13 feet to a point on the Easterly right-of-way line of Industrial Way, of said subdivision, BOYNTON BEACH INDUSTRIAL CENTER; thence with a curve to the left, having a radius of 50.00 feet, a chord bearing of North 16008'36" West, a clintral angle of 36052'03", and an arc length of 32.17 feet along said Easterly right-of-way line of Industrial Way; thence South 87042'35" East, a distance of 138.99 feet more or less, to the POINT OF BEGINNING. C. ROLLYSON is the owner in fee simple of the following described property (herein referred to as the "ROLLYSON PARCELI1) : A parcel of land in the Northwest quarter (NW 1/4) of the Northwest quarter (NW 1/4) of Section 16. Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: COMMENCING at the Northwest corner of said Section 16j thence South 87040'45" East, along the North line or said Section 16, a distance of 902.17 feet to the POINT OF BBGINNING of the herein described parcel of land; thence continue South 87040'45" East. a distance of 450.00 feet; thence South 00006'46" West, a distance of 392.71 feet along the East line of the Northwest quarter (NW 1/4) of the Northwest quarter (NW 1/4) of said Section 16; thence North 87042'3511 West, a distance of 448.72 feet; thence North 00000'07" East, a distance of 392.95 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 4.055 acres, more or less. D. The parties hereto wish to establish certain easements as more particularly described herein and to have this Agreement recorded in the Public Records of Palm Beach County, Florida. 04/09/97 WED 09:53 FAX 407 624 3533 SCOTT ,ROYCE ~006 ORB 9654 p, 789 NOW, THEREFORE, in consideration of the mutual covenants herein contained. and the sum of TEN AND NO/lOa DOLLARS ($lO.OO). the receipt and sufficiency Of which is hereby acknowledged, the parties hereto agree as follows: 1. The above recita.tions are true and correct and are incorporated herein. 2. WASTE MANAGEMENT does hereby establish, give, grant, and convey unto ROLLYSON a non-exclusive access easement over, across, upon and on the WASTE: MANAGEMENT PARCEL (the "WASTE MANAGEMENT EASEMENT") . 3. FLORENTINE does hereby establish, give. grant, and convey to ROLLYSON a non-exclusive access ea.sement over, across, upon and on the FLORENTINE PARCEL (the "FLORENTINE EASEMENT") . 4 . The term of the WASTE MANAGEMENT EASEMENT and the FLORENTINE EASEMENT shall be perpetual, running with the l<imds described as the WASTE MANAGEMENT PARCEL and the FLORENTINE PARCEL and is in favor of ROLLYSON, and ROLLYSON'S successors and assigns who are owners of the ROLLYSON PARCEL. It is the intent of the parties that as to the easement herein granted, the WASTE MANAGEMENT PARCEL and the FLORENTINE PARCEL are the subservient t.enements and the ROLLYSON PARCEL is the dominant tenement. 5. The cost and expense of all normal maintenance of the WASTE MANAG#EMENT PARCEL shall be borne equally by ROLLYSON and WASTE MANAG#BMENT. The cost and expense of all normal maintenance of the FLORENTINE PARCEL shall be borne equally by ROLLYSON and FLORENTINE. In the event that any party hereto fails to meet its buraen of maintenance of either the WASTE MANAGEMENT PARCEL or the FLORENTINE PARCEL, the other party sharing the cost and expense of normal maintenance of such PARCEL, at its option, will have the right to perform such maintenance, including making all necessary repairs and replacements, and shall charge the non-performingparty the cost of same, which the non-performing party agrees to pay the performing party within thirty (30) days of its receipt of the demand for payment. 6. In the event that any damage is caused to the FLORENTINE PARCEL or the WASTE MANAGEMENT PARCEL as a result of use by ROLLYSON, ROLLYSON sball be responsible for the entire cost of repair. In the event ROLLYSON does not. initiate such repairs within thirty (30) days of notice thereof. WASTE ~AGBMENT or FLORENTINE, as applicable, shall have the right, but not the obligation, to eftect such repairs and to charge ROLLYSON for re#mbursement of the entire amount thereof I which reimi:>ursement shall be made within thirty (30) days of receipt of demand for payment therefor. 7. In the event any party hereto is required to enforce the terms and provisions of this Agreement by litigation, the 04109/97 WED 09:53 FAX 407 624 3533 SCOTT ,ROYCE ~007 ORB 9654 PI 790 prevailing party shall be entitled to recover its attorneys/ fees, costs and expenses, including appellate fees, costs and expenses. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. Witnesses: ~ ~~~ ~\~~^ ~~ laP t7~~~_." ~~-.7 ~.....d6' ,.,. ~~o~- WASTE MANAGEMENT INC. OF FLORIDA (' ~~~- President FLORENTINE: MARBLE COMPANY, INC. BY~_ ~ ,1 ~ fQ8".:,. '...- - STATE OF FLORIDA (J COUNTY OF 13 roWc.trcJI .-A-l The foregoing instrument was acknowledged before me this ~ ..~ day of ~~I"~' 1997, by .. ,-;..",€.S 15. 0 'C:O"I7J2l- . as President of WASTE MAN GEMENT INC. OF FLORIDA, a Florida corporation. on behalf of the corporation. ~~~ ~. O'I'ARY PUBLIC ~ ( SEAL) 11 - E8TP,~AS My CocnrnUIan CC38S1W8 * * ~JuI.04,18V8 ~ by HAl ,_~ 110O..&22.1565 (Print Name) My commission expires; commission No. 04/09/97 WED 09:54 FAX 407 624 3533 SCOTT,ROYCE ~008 ORB 9654 pg 791 DOROTHY H. WILKEN, CLERK fIB CO~T'(, R. ~ersonally Known ~ OR Produced Identification Type of identi!ication Produced STATE OF FLO~IDA J} _ _ / COUNTY OF ..fIa.IYY't. .o<::a.(.J'., The foregoing instrument was day of ,cebflXV4 , 1997, by :John C- of FLORENTINB-11ARBLE COMPANY INe. I of the corporation. I~)>>)m>>).>)m~>>>m~ ~ ~if;M' lAiIRUIJl~'1l'" 'I (. ~MHr,...~ ( SEAL) '\ l CoaMt_.cc...~ Itf'l My COIIlmhIIoo IIIFiM lWf' "'1 " .....n.oup fiG. Noy......i". .......... ~""v.M""""''''W.'''I,\'I,',\....w..'w,...W\\..w..,~ h. ..c:til acknowledged before me t 19 ~ Nic.hols I as President a Florida corporation, on behalf ii~UB~~ J.oi:J Vo.n.del" Vthude (Print Name) My commission expires: Commission No. ./ Personally Known OR Produced Identification Type of identification Produced clrivers \;cet\Se.. STATE OF PL~IDA COUNTY OF -~o..\ ~ g eaCh The foregoing instrument was acknowledg d before me this .5tA day of ~e.bN~!.c,{ 1997, by efle.vieve -+ ames 0/1 ::m.as president of GENEVIEVE ftOLLYSON, CO-TRUSTEE and JAMES H. ROLLYSON, CO- TRUSTEE. q{.cv ~Juu.du JC.'.~ loOIo_'\.I"~ ~y PUBLIC i.j~="e:..; (SEAL) \:.,~..,.Col I' ~.:..~ ...."-~__IIPMI&__c.. \ f ~\\\'foo\\W...,\\~\\\w..WfNNt'o~ J. 0 1 ~ V 0.... "'ct e r W 0 c.Jd e (Print Name) My cotmLission expires; Commission No. Personally Known ___ OR Produced Identification v' Type of identification Produced dr-; 1.IE.r-.s \ \ c.<;> f\S~ 04/09/97 WED 09:55 FAX 407 624 3533 SCOTT,ROYCE ~009 -' After RecOl'di.. Return to: WIC Bo~ 32 Scott, Royee, Harrlut.1. AUn: Closln(l Department 4400 PGA Boulevard *"1 ;\\~ns, FlorId! ~ PREPARED By "~]7 FnvDlo..T 'Do' Ronald M. Kaplan, Esquire Waste Management Inc. of Florida Legal Department 2700 NW 48th Street Pompano Beach, Florida 33073 FEB-'12-1997 4:03pm 97 -053238 ORB 9654 p, 785 I ... _'111_..- Con 10.00 Doc . 70 QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed this 4 day of February, 1997 by WASTE MANACEMENT INC. OF Fl.ORIDA, a Florida Corporation whose address is 2700 Northwest 48th Street, Pompano Beach, Florida 33073, first party, to CONDOR INVESTMENT OF PALM BEACH COUNTY) INC., a Florida Corporation whose address is CIO J. Richard Harris, Suite 800, 4400 P.G.A. Boulevard, Palm Beach Gardens, Florida 33410, second party: Wherever used herein the ternlS "first party" and "second party" shall include singular and phual, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, That the said first party, for and in consideration of the sum of ten dollars ($10.00) in hand paid by the said second party, the receipt of which is hereby acknowledged, does hereby remise, release and quit-claim mite the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to wit: Tract S-2 (Minor Road), as established by the Plat ofeedar Ridge, a P.U.D. & High Ridge Commerce Park, a P.LD., according to the Plat thereof recorded at Plat Book 46, page 58 of the Public Records of Palm Beach County, Florida, To HAVE AND To HOLD the same together with aU and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity . 1 of 2 - 04/09/97 WED 09:55 FAX 407 624 3533 SCOTT,ROYCE !mOlO -r' ORB 9654 P9 786 OOROTHY H. WILKEN, CLERK P8 COUNTY, Fl and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof ofthe second party forever. IN WITNESS WHEREOF, The said first party has signed lllld scaled these presents the da.y and year first written above. Signed, sealed and delivered in the presence of: ~;;: (print name of witness) James A. Waters Regional President (Corporate Seal) STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instnunent was acknowledged before me this ~ day of February, 1997, by James A. Waters, who is personally known to me as Regional President of Waste Management Inc. of Florida, a Florida Corporation, on behalf of the corporation. Notary Public /-J /' ~9Y~ (Seal) ~~ *.,* ~.~ J1WI$5" PN'F'M> Ur ~loneCW""'R Ji)Iplr" Jul. 04, 1988 Bonded by HAl 1Ol;J.Aza'16A (Print or Stamp Name) My Commission expires: Commission No. - 2 of 2 - 04/09/97 WED 09:56 FAX 407 624 3533 SCOTT,ROYCE Aiter l'\~ordi- ~to: ,__ lNICBOX32V-" .- - ...-- - ~;;,~\~=::~~i 'FEB-M8t~~l~~IlPi7 6g~4977 :',~~O, ~::~~:n:, Aorlda 33410 I ....... .... - 70 "., COil 1.00 Dot . ~Oll - - PREPARED BY; Payj F. Kin&. Eaq. Asamtant coorrty A1tomoy 301 }.l"rth OIiV4l Avenue, Suite 601 Wqr Palm Bach, FL 33401 R96 1q9 It,~ Folio No, PALM BEACH COUNTY QUIT-CLAIM DEE}) THIS QUlT-CLAlM DEED, made this 20th day of February , 1996, by Palm Beach County, Florida, party of the first part, and Waste Management, Inc., of Florida, a Florida corporation, whose mailing address is 2700 Northwest 48th Street, Pompano Beach, Florida 33073, party of the second part. WITNESSETH: That the said party of the fU'st part, upon demand of the party of the second part, pursuant to Section 255.22, Florida Sta1utes, and for and in consideration of the sum ofTen Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, does hereby remise, release and quit..claim to the party of the second art, its heirs and assigns forever, all the interest which the party of the first part has in the following described land lying and being in Palm Beach County, Florida: SEE A TTACRED EXHmIT "A" (l:ICOMMONIWPCAT A\ENG\PFK\ENO_~N'&IGM\SYNQCO OED 04/09/97 WED 09:56 FAX 407 624 3533 SCOTT,ROYCE lil012 ORB 9656 Pi 685 IN WITNESS WHEREOF, the said party of the ftrSt part has caused these presents to be executed in its name by its Board of Commissioners acting by the Chairman or Vice Chainnan of said Board, the day and year aforesaid. Signed, sealed and delivered in the presence of: ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. \V1LKEN, CLERK ~a~-\''''' B ... f"'.' B y: '-- .. ~~~!~ y: Deputy Clerk .i' fJ .," ~t/I 8~-f ~. p'" 3'-1;: Q..\' ~ '8.~ ,,~. ~)J' ,'1 ~ "0' COUNT .~... :;~' ~ ,'-~ ~: l,~{ 0 R \Q ~ /~kPROVED AS TO FORM AND \~~?S~*'.s~'i~~': LE~ sr~FICIENCY \\\\",,,...~ By: I aNJ.., ~ t? County me R96 19 9 FEB 2 0 1996 G:\COt.lMON\WPOAT"'\ENG\PFK'iEN(U~N\ENCge\BYNQCO CEO 04109/97 WED 09:~7 FAX 407 624 3S33 SCOTT,ROYCE ~013 '.- PARCEL 1: PARCEL 2: ORB 9656 1\ 686 DOROTHY H. WllKFH, CLERK P8 COON.!"V, FL EXHIBIT "A" Tract Sol (MINOR ROAD), as established by the Plat of BOYNTON BEACH DIS TRlBUTION CENTER, according to the Plat thereof, recorded in Plat Book 47, at Page 100, of the Public Records of Palm Beach County, Florida. S' Access Control Easellleot eocwnbering the north S' of Lots 18 and 19 of BOYNTON BEACH DISTRIBUTlON CENTER, according to the Plat thereof. recorded in Plat Book 47, at Page 1 QO, of the Public Records of Palm Beach County, Florida. ;::r;,,Tt= OF FLORiO/I" COUN,-Y OF PAlM BEACH 1. UCR(.'Y'fHY H. V\!q..KEJ1~ aA.Q~lici!) CI~rK (.r Ule e~:.::~,::- cl' G,O;J~i.V \::ol'iirni~sicln('Hs ~2ftlfy ~hlS 10 03 ~i lpji; ~rltj !';:.J~.~2.::t (:Op~1 of the,/o6r~r inal ti\~d in my i.)i~ice .., ..." ,"""""'\, (:)11,.____ ~~~. _~.~COUNr'.'r Di\TED at West P,11l'l 8each, Fl on "7...."'~9l. .:'0"",,. -"'.. }' " - '.. B€ '.0'. ~~~I{E~li~' c ~f~'~~'" -1C';'{~~ ~O; COUNTY. :c;;; ~.tO~l J:'-. "" ,.~; "..J..' l Op,\\) ,'0; I, <->. '''~: '" "'} -, -- - -v..? .: ",\,~..\~\....~..:..:..-... Q,~ON\WI'O.\T"'iSNCn'PIC\ENG_~~1lIlD ,~ /^'~ . /