APPLICATION
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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
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04/09/97 WED 09:51 FAX 407 624 3533
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*********************
*** TX REPORT ***
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TRANSMISSION OK
TI/RX NO
CONNECl'ION TEL
SUBADDRESS
CON~ECl'loN In
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USAGE T
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RESULT
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02113 10:18
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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:
~
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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;;;
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