LEGAL APPROVAL
nTURH TO CJltAHTEI
..~ ... 14-t"" eo. t__, ..... I"'..... .......
t.... ...,"'_'" WI' ~lnI ~,;
Joel 'J'. Str.""
"-eMWi' mn 1D1Mt , mw.
M.dIlU... ........ " I'l.1t. F....I! .....
r. u. ..... l2e
DELlI'" DUCII. n.OIlID4 U~
blarranty l1eed
nrlrUlOlY 101M - SKllON 689.02 I,U
. ....
m~~ 11 1Jnbrntnrr.
d~y ..I
July
I'll 80
'rllllrrn
Uth
:\bJe Ih.,
:.
en
DOSTIC , JEFFRIES, INC., . West Virqinia corporation
-::.
.......,
..t" Ih.. (''':1111)' ..t
ICANAWIIA
WEST VIRCINIA
. JrlnhH.. In4
. SI;oIC' ..t"
c:..' J
-.
"'-'"
",'h,,~ 1'''11 ullil:C' ~JJ"',, i\
JAMES ROLLYSON AND OR CENEVIEVE ROLLYSON
6019 OLD OCEAN BLVD.,OCEAN RIDGE, FLORIDA 3343S
..r Ihe [lIunl)' ,If
PALM BEACH
, arantcC'..
. Slal~..r FLORIDA
lDilntSl1rl~. 11';11 ",id t:';lIII"r. r.., ;llId III c..nsidC',ali..n Ilf Ihe sum "I
--------------------Ten and 00/100---------------------- '~lt
I vol arl.
L'~ allJ IIlhel t:'K.J allJ \alual>Ic' ."",iJ\'.alillnl '0 i;iid panlll' in hanJ paid b) iaid glantC'C'. Ihe le\'Cip' wheleuf il hC'Ieby
a.:~n"...I~Jt:ed. ha, t:ralll~J, hal~,,",,'d alld ,..Ill tu the' said Branlee. and g.anl.'C"s hdrs and ~ssiFns fu,e\'C'r, IhC' folluVrina
~ de~lIbed I~nd. situal.:-. lying and b"III~ in Palm Beach County. 1:lorida, lu.wil;
~~A parcel of land in the Northwest Quarter of the North~est Quarter of
. Section 16, Township 45 South, Range 43 East, Palm Beach County, Florida,
~ . said parcel ':. :ing more particularly described as follows:
. . Commencing at the Northwest corner of said Section 16, thence South 87.
~-' 40'45- East, along the North line of said Section 16, a distance of 902.17
feet to the Point of Beginninq of the herein described parcel of land;
thence continue South 87. 40' 45- East a distance of 450.00 feet; thence
South 00. 06' 46- West, a distance Of 654.73 feet along the East line of
the Northwest Quarter of the Northwest Quarter of said Section 16; thence
North 87. 42' 35- West, a dist~ace of 448.72 feet; thence North 00. 00' 07-
East, a distance of 655.02 feet to the Point of Beginning.
-..
. .
SUBJECT TO easements. restrictions, reservations and conditions of record;
I~~ :,~o~ing ordinances: and taxes subsequent to December 31, 1978.
LJ I ~ .
. ,.
and ""d F,a"'", .I....., h~,~I>~ 11I1I~ ",;ollalll Ihe ti'~ '0 said Lmd. anJ ...ill del.:-nd Ihe sallie ar-ainst Ih.:- la""(1I1 ....a;ms of
all p:,,.'n. ",'hulII"~\'~r.
."I..alll'"'' ~nJ "rtanl<<" arc _d rur sinFula. o. phllal. as "onl~:\1 requi.es.
1111 lItitl1tlHl lUlltrtl1f. G......., h;o.
Sl~~'e~ '~kd 'JII:d dd'\I',~J "' our 1'''' ,,'n..'
-- ~.- --- - - -
\..... 'if
_t. - !_'~ ~( ):)) ~. J '~'--=-- :LL..
~
-
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hereun... sel ".;onlu,', ~I;ond anJ seal IhC' da)' and )'ea. first abo,.t w.illcn,
aOsuc_lr_~f:~S._..l.Nc......___lLHe.s.t _15.:al)
Virginia Corpor tion . .
~5).--'''-- :J ~~~---.--.:....'I~~~~'1!;..J~... --
'a~.;:_~_~_~+~ ~'!.<- (..-~~~~~:';1
/' ,Bruce P. Rol!l.yson, presif~~n~';.~ ...~: \~~.
_. -----. -- _u -------- ----------J---...,---J,Si::a/,fl: ",
~I)~.~T~IOF WE~~~~INIA - \~j'>~...:.~~~:.~~.~/~~/
I IIIJU.B'l' CI.KTlFY Ihal "n IhlS .I.) bcf..,e me, an ofn.:e. dul)' qualitiC'il 10 take a.:knowledpmnh.... ~l'\"Z>nani."" ;
arpcaf.:-d. . ~RUCE P. RO~LYSON, President of BOSTIC , JEFFRIES, INC.,' -a'" ..... '('
West V1.rg1.n1.a corporatl.on ._ _
h. n~ ~...,..ft III he Ih.:- pc.."n \I. ,',.'ribO!J in ~nd ..iau e:\C',uleJ Ih.:- fu..'~inl ill,HuUlenl and a.;lo.nllwlcdj:\'d befo.C' me i
"~I I>C'....:.C':\.:-(~Ied Ih.:- );Irn~., on behalf of said corporation
\o1T:-"i"~:'Jl)i "3nd anJ un;,;tal .c,1 III Ihe Cllunt). and StaI7~~da' JUL~ . or-
19. $0 . ". . - =' ~ ~
.,' ,- ~ if....,'"
.iolY cunullissi"n ~xpli~s: APRIL 17. 1983 . NOla.y u~ (t .. llJ Q;
;- . C!~~
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,'. . . ". ;~'.- . t c:4ffr
.. ,~ "f'.' ~
, , c:: ~,~' tl
ct-_S>l:;
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"
FUND COMMITMENT FORM
Schedule A
Commitment No.: 1193499 Effective Date: . ~ceeber 5, 1991Agent's File Reference:
at 11 P14 Fund ri Ie Nuabol
0() -91 -~::(,9
1.
Policy or Policies to be issued:
Proposed Amount of Insurance
OWNER'S:
Of
$
283,183,,56
Proposed Insured:
Wast.e HanltfJe.ent, Inc. of Florida, a Florida copppration
MORTGAGEE:
H/A
$
Proposed Insured:
2, The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same)
and title thereto is at the effective date hereof vested in:
JMlefl' Rollyson Mdlol. Genevieve H,)llyr:on
3, The land referred to in this commitment is described as follows:
A portion of U.e NOl"Uureet 1/4 of the Nortt.west 1/4 of Section 16, "o\ffistdp 45
South, FtMage 43 Ea-~. ('alll Beach County. Florida, ..)re particularly described as
tollows:
BE::ginning at. lh~ Soutlaea:~t corner of Lot. 16, BOYJtl'(tN BE:ACtf OIS"nurnrrION Cl.iN'T~,
a('Col-dih9 t.o the plEtt. t.ht:'reot recorded in Plat. Bu.')'" 47, pages 100 and 101, Public
Re-'.;ord:'i of Pal. Beach Count.y, Flodda: tlttn.:e N.nth 00'00'07w East 232.~2 feet:;
th(:oce South 81'42'35" East 449.23 fef::l.; U-~nC€ SOUUI 00'06'46" W(!rt. ~32.00 ff?ct.;
thcl~ North 67'42'35" West. a distance ot 138.99 f~et to ~ point on tt~ arc of ~ 000-
tanq~nt C"lrVf~ C'onClIVf': to the SoutlMert (Eciid point. bears Ni)rU. 5S' 25' 13- Ra~. fr'~
the [a,!ius point of tt~ M~t deEc-ribed curve); th~r"-~ N<:)rthweoU:11y 41:.>09 Uti: dIe of
cajd curve ha~l~ a CadjUE of 50.00 te~t, a delta 01 95\57'48-, an arc di~Lro)ce of
83. -'4 feet t.o 8 f"olnt. of Reverse CucvC!\t.ure vitt, a curv~ concave to the NClrth~~st;
Ul~n<:-e SOUt.t.~~Et~Ily illong the arc of &3id curve havil19 a r3diu6 of 25,,00 f€'.:t, d
.:ielt.3 of 4~'S("OO-, all arc dist!Ulce of 18.6~ feet to a Point of "~ng~nC)'; then--:e
Nvrth 87'42'3~" West 218.00 ft:et to u..~ Foint of BEy1f1H1ng"
ISSUED BY
NAME OF AGENT
~
/
. ,.. ./
. / .-
81 __
AGE~ 'SSIGNATURE --
Si:1..:t,~,Sa): ~ P,A.
3')1 Vaal-to Rd '41~
MAILING ADDRESS
BoC'~~ Raton
OTY
. Florida
33481
ZIP
FUND Form C-SCH A. (TPV 1/Q())
DUPLICATE COPY-FOR USE AS RE01 "R~f'
FUND COMMITMENT FORM
Schedule B
Commitment No,: 1193499
FUltd rile M~r e6-91-9~9
I. The following are the requirements to be complied with:
1. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record:
~, lfatT.IDty Deed (rota JMles Rolly:l-Ofl, join~d by spouse, if ~rrie.:1, t..) t'he
pror.Qeed purchascr(s).
3. P['uo( of pa}'1Deot oL ti\):(:l~ Cor. t....~ year 19:;'1 IA\ml: be fun1il'Shed, ~nd any tax
c(:o~f_Jfjc",t..~z j::;su~d \oIiu. respect th~rt!t(; fttUet. ~ C'ean(.t~llf.:d l'V the cl(.rk of tJ..:
cC.lI[ t.
SEl'.: SCHEPUI..E 15-1 CDWTINUEU
II, Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of The Fund:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires
for value of record the estate or interest or mortgage thereon covered by this commitment.
2, Any owner policy issued pursuant hereto wiU contain under Schedule B the standard exceptions set forth at the
, inside cover hereof. Any mortgagee policy will contain under Schedule B the standard exceptions unless an
affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made. It
is determined the current year's taxes or special assessments have been paid, and it is determined there is
nothing of record which would give rise to mechanics' liens which could take priority over the mortgage (where
the liens would otherwise take priority, submission of waivers is necessary).
~, E.~5f.)8K'nl in f;;,VOL- of FlvddLt f,,)wt:r & Llght COIli-'a!lY rec(m1e.:1 Oo:tober. 10, 1%1 in
OfUclaJ k",t;:ord H'~l{;k ber:. Pd:)'?- 3!:.o, Pnblic Rt"cordE of Palm Beach Cour,ty,
t'l'Hhb.
4 . E.:c:~~nt. in f::svo1.~ of lP-hirJh PortlarvJ C.elD'3ut c.....t".;any rp.corde.l SeL-.teatM:l 8. IB7S
if. OUi \:iaJ ).(t-:'~(Ird BIX)". 2-254. I->Ci9e. le8;~ I }'ubU c R~,~"irdf" of (-'0 b. Be,acll CI.'>UTJty.
flodd~.
S. Cd:::e,-.eflt iI. taV'ol:' or t.he City oi [\l)yr.ton f.tead. reGol-ded J~luatY 9, 19BC" i.n
OrUe1.?il R.'!C'Ol'11 H'X.k 32(~:~, f..:!ge 763, E'Hbllc HeCOJ'd6 of l'allfl Be&dt CVlJflty,
rlorld3.
b. E;)':~.:".>ht in taVOl: ot floci.:i:J f'('l'.rer (. LiOPlt C08lPMiY r<~e.)rd€:d S~ptclldJ;:;r e, 19ro in
t!Uic1ftl k~.:'..:.rd Book 335;:', P,H)~ 15<1(" Public Rec~)rdg of Pa1~ ~,",ch COIlfIty.
f'lodd.:L
SSE SCHEDULE B-11 CON''l'INUh"O
~"~Jn ~ro'rr ,'.<::rH R I,pv l;iClOl
nl JPUCA TE r.opy - FOR lJSr:: A~ R~0' I!R>=n
'",-
CONTINUATION SHEET
(Schedule
P'I continued)
\
CommitmentXlltJt~ No,: 1193499
Yund rUe NlDJber f)t,.91-9~~';
,;
4. F\ d(t.(:ndnat1on .ust be ~,t\.1t' t.hO\t tl*,l'.~ ltf-= fir.. unrecorded special aBfreSEa!llt
U~\Jf: vI UIIl(-.:;,)rded liens dl iHing by vi[t~ 01 ol'dlllf:lllCea, tanreCOrded a...re~'lil~
as to i"l-'~""t. Q( oUI~r d(:v~)OpJnt~lit 1e~~:, IJnlJi.iid ~c;1f;t~ fees \=.ayable to the county
or IKhli..:'i~e.11lY, OJ: unp.'tid E~rvi~t~ cha.rges unckc ('h. 159, r.5.. or county
or(.Undne~ .
t"___ rc cru .. 'D_.. 0'0(''' 1 '1.nc,,,'" 4
r'\1'DII~^Tr: ~nDV. enD 11<<:'1: I\C DCn, "or:n
CONTINUATION SHEET
(Schedule ~continued)
Commitment ~~No,: 1193499
Fund !' He N\Dtlx:I (~-91-'.~f2t.'3
7. I!:.we.ent in tavor of tt..: City o( Boynton Beach recorded OCtober 22, 1 q30 in
O{Ucial RcC"ord lklOk 3~9, paoe 1073, Publio bcord-s ot Palll Beadl County.
rlodda.
8. Subject toO all Ilatters shown on plat of Boynton 8e.lch DistrlbutirJll Center,
l~,",,)r'~d in Plat 8uok 47, page 100, PUblic ftt:CQrdz o( PalM Beach Courlty,
f' lQr1d.!\.
9. Ot~cl.:u~th~n of Resuicttons recordt:d Hovelliher 20, 1979 in Offieidl Recvrd ~,k
31fs;:. pa~fl hi4V, , hlbl ic Reeonls of Palll HNt,:h County. FII)r:i dd.
l\). Any lien plvvi:j~d by ChClpter J!i'J and 170. Ylorid,:) St.at.l1te~, in fCl.....:,c of i)rty
city, t~m, villagp. or. port aut.hority tor \lnyAid r::ervj~e charges for ~~l"Vl.:es ~f
any wat€:t' ::lV!ltellt, 6t:wer eysteRI or qas syct.l:J8 ~rvin'1 land:::; dc~('ribeJ ~relh.
J 1. fI:':al Estate Ta;{~::; (1)1" t.lle ye""r 1 ~.:;~~ \ nol y€'\, du~ and payablp.),
FOm"l CS-SCH A (Rev R/<101 H05I024
DUPlICA TE COpy - FOR USE AS REQUIRED
"'-'.
CONTRACT FOR PURCHASE AND SALE
THIS CONTRACT FOR PURCHASE AND SALE entered into this &~-
day of tV (---to,*,
, 1991, by and between JAMES ROLLYSON and
GENEVIEVE ROLLYSON, his wife (hereinafter collectively referred to
as "SELLER") whose address is 12671 Headwater Way, Wellington,
Florida 33414 and WASTE HANAGEMENT INC. OF FLORIDA, a Florida
corporation, (hereinafter referred to as "BUYER" whose address is
651 Industrial Way, Boynton Beach, Florida 33426, its successors
and assigns.
WIT N E SSE T H:
In consideration of the mutual covenants and upon the terms
and conditions herein contained, the parties agree as follows:
1. Purchase and Sale.
Subject to the provisions herein, SELLER agrees to sell
to BUYER, and BUYER agrees to purchase from SELLER, the property
located in the City of Boynton Beach, Palm Beach County, Florida,
as more fully d~scribed on Exhibit "A" attached hereto and made a
part hereof ("Property"), together with all of SELLER'S right,
title and interest in and to all appurtenances thereto and
improvements thereon, and subject to the terms and conditions
hereinafter set forth.
2. Purchase Price.
The total purchase price for the Property (which is
75 7S'"
estimated to be 2.7 acres) shall be Two and ~/100 ($2.&e) Dollars
,per useable1 square foot, as certified by Craig A. Smith &
~
Associates, rnc., who has been hired to determine the square
footage of the Property and whose findings shall be conclusive and
binding upon the Parties, payable at closing as follows:
2.1. The sum of $10,000.00 to be deposited in an
interest bearing account with the escrow agent, Sachs & Sax, P.A.,
within three (3) days of the signing of this Agreement by BUYER and
2.2. The balance of the purchase price to be paid by
Federal wire transfer or cashier's check at closing, subject to
reductions and/or pro-rations as set forth in this Contract and
certification of square footage as described above.
3. Inspection Period
Beginning from the date this Contract has been signed by
all parties and a fully executed copy is in the possession of
BUYER, and continuing for ninety (90) days thereafter, BUYER shall
have the right to determine, in its sole discretion, that the
Property is satisfactory for acquisition by BUYER. During this
Inspection Period BUYER, or its representatives, shall have the
right to determine that utility services including water,
,wastewater, electric, telephone and other utilities are available
at the property lines and in such capacity and size to accommodate
BUYER'S intended use as well as to perform any other inspections as
BUYER, in its sole discretion, deems necessary including, but not
limited to, environmental, soil and water testing. BUYER, or its
representatives shall have access to the property as necessary for
conducting said investigations. BUYER shall notify SELLER within
said Ninety (90) days of any matters which are unsatisfactory to
BUYER. In the event that any facts or information relative to the
Property is unsatisfactory in any manner to BUYER, and BUYER
determines, in its sole discretion, that the Property is not
acceptable to it, BUYER may, in its sole discretion, terminate this
Contract, and thereupon BUYER and SELLER shall each be released
from all further liabilities and obligations to each other
respecting all matters arising from this Contract.
4. Representation and Warranties.
To induce BUYER to enter into this Contract, SELLER makes
the following representations and warranties, all of which, in all
respects and except as otherwise provided in this Contract, (i) are
covenants, conditions, restrictions, and other matters affecting
use or title.
4.2 SELLER shall keep the Property at all times, to the
date of closing,
free and clear of any construction or
materialmen's liens for work or materials furnished to or
contracted for, by or on behalf of SELLER, prior to the closing,
and SELLER shall indemnify, defend and hold BUYER harmless from and
against all expense and liability in connection therewith
(including, without limitation, court costs and reasonable
attorney's fees).
4.3 All laws, ordinances, rules, regulations and orders
(including, without limitation, those relating to zoning, building,
fire, health and safety and environmental control and protection)
of any governmental agency, body or subdivision thereof, and all
standards and regulations of appropriate supervising boards of fire
underwriters and similar agencies, bearing on construction,
"
operation or use of the Property or any part thereof in effect on
the date hereof, have been complied with; that SELLER has received
no notice or has no knowledge that any such government, agency,
body or subdivision thereof, or any employee or official thereof
considers the operation or the use or intended use of the sarne to
have violated, or be a violation of, any such law, ordinance,
rules, regulation, order or standard, or that any investigation has
been commenced or contemplated respecting any such possible
violation.
4.4 SELLER has no knowledge of pending or contemplated
condemnation proceedings affecting the Property or any part
thereof.
4.5 SELLER has no knowledge nor has SELLER received any
notice of any special assessments, litigation, claim, action or
proceeding, actual or threatened, aoainst SELLER or the Pronertv bv
4.6 SELLER has full power and authority to enter into
this Contract and to assume and perform all of its obligations
hereunder and no further action or approval is required in order to
constitute this Contract as a binding and enforceable obligation of
SELLER; the execution and delivery of this Contract and the
consummation of the transactions contemplated hereunder on the part
of SELLER does not and will not violate, conflict with, or result
in the breach of any condition or provision, or constitute a
default under, or result in the creation or imposition of any lien,
charge, or encumbrance upon any of the Property by reason of the
terms of any contract, mortgage, lien, lease, agreement, indenture,
instrument or judgment to which SELLER is a party or which is or
purports to be binding upon SELLER or which affects SELLER or the
Property.
4.7 SELLER represents to BUYER that the Property is not
subject to any covenants or deed restrictions or declaration of
restrictions rurtning with the land which could affect the intended
use of the Property.
4.8 SELLER warrants and represents to BUYER that the
Property is free of all waste, toxic or hazardous materials or
substances; that the Property has been operated and maintained in
compliance with all applicable environmental laws, statutes,
ordinances, rules, and regulations; no release of any waste, toxic
or hazardous substance or discharge of any waste, toxic or
, hazardous waste has taken place on the Property; that no migration
of waste, toxic or hazardous waste or substances has taken place
from the Property which would cause the release of any toxic or
hazardous substance or discharge of any waste, toxic or hazardous
substance or waste on any adjoining lands or any other lands in the
vicinity of the Property; and SELLER agrees to defend, indemnify
and hold BUYER harmless against any and all losses or damages
or in the Property. Within five (5) days from the date of this
Contract, SELLER shall deliver to BUYER copies of all environmental
audits or reports conducted upon the Property. The warranties and
representations and the indemnification herein shall survive
Closing.
5. Conditions Precedent.
In addition to those conditions otherwise set forth in
this Contract, the obligation of BUYER to purchase the Property
from SELLER is subject to satisfaction, on or before closing, of
the following conditions (any of which may be waived, in whole or
in part, solely in writing by BUYER):
5.1 This Contract is specifically conditioned upon BUYER
obtaining from the City Conunission of Boynton Beach, Florida,
approval of the site plan and obtaining, from all appropriate
authorities, any and all required permits necessary for the
operation and construction of a mulching facility on the Property.
In the event BuYER is unable to obtain site plan approval and the
required permits, or if BUYER abandons its application for site
plan approval (which abandonment will be evidenced by BUYER
notifying SELLER in writing), this Contract may be terminated by
BUYER at BUYER'S sole option, and all monies deposited, plus
interest, shall be immediately returned to BUYER and thereupon
BUYER and SELLER shall each be released from all further
liabilities and obligations to each other respecting all matters
arising from this Contract.
All permits and approvals must be final and non-appealable before
the contingency herein shall be deemed satisfied.
5.2 SELLER has cooperated fully with BUYER in the
furtherance of obtaining the approval and all necessary permits set
forth in Paragraph 5.1, including, but not limited to, filing and
executing applications and documentation and providing information
5.4 All actions or proceedings to be taken by SELLER in
connection with the transaction contemplated by this Contract shall
have been completed.
5.5 There shall not have occurred any change in the
physical condition of the property.
5.6 There shall be direct, adequate ingress and egress
to and from all utilities and to and from adjacent public roadways.
5.7 There shall not have occurred any event which would
prevent or prohibit BUYER'S intended use of the Property.
6. Examination of Title.
6.1 Within thirty (30) days from the execution of this
Contract, SELLER at its sole expense, shall deliver to BUYER'S
counsel a title insurance commitment (the "Commitment") to issue an
ALTA Owner's Title Insurance Policy - Form B from a title insurance
company (the "Title Insurance Company II ) acceptable to BUYER, in
BUYER'S reasonable judgment, in the amount of the purchase price
naming BUYER as~he proposed insured for the property described on
Exhibit "A", showing in SELLER good and marketable fee simple
title to the property in accordance with title standards adopted
from time to time by the Florida Bar subject only to liens,
encumbrances, exceptions and qualifications set forth in this
Contract, and to those which shall be discharged by SELLER at or
before closing. The cost of the Commitment and final Title Policy
shall be the responsibility of SELLER. Copies of all exceptions to
title (commonly identified on Schedule B-2) shall be delivered with
the Commitment to BUYER'S counsel.
Should BUYER find, upon
examination of the Commitment, which examination must be completed
within twenty (20) days from receipt of the Commitment and
exceptions, that SELLER's title to said property is defective or
unmarketable BUYER shall, within said period, notify SELLER of said
defects in writing. Thereafter SELLER shall have ninety (90) days
which shall forthwith be returned to BUYER, and thereupon this
Contract shall become null and void and the parties hereto shall be
released and relieved of all further rights, duties, liabilities or
obligations hereunder. BUYER shall have thirty (30) days from the
receipt of notice from SELLER to select its option.
7 . Survev.
BUYER, at BUYER'S expense, prior to Closing, may obtain
an actual survey of the Property (the "Survey") prepared by a
licensed Florida Land Surveyor.
The Survey shall be certified to
BUYER and to the Title Insurance Company, and in a form sufficient
for the Title Insurance Company to eliminate the standard survey
exception and the exceptions for unrecorded easements and rights-
of-way.
BUYER shall have fifteen (15) days from receipt of the
,Survey in which to examine same.
If the Survey shows any
encroachments onto the Property by improvements located outside its
boundaries, or by improvements located on the Property, or over
,
required setback lines, or over onto the Property of others, or
onto any public right-of-way adjacent to the Property, or if it is
apparent that the use or intended use of the Property violates
existing title covenants and/or applicable zoning laws or
ordinances, or if the survey reveals any condition which reduces
the value of the property or which may prohibit the intended use of
the property by BUYER, or which materially increases the costs of
BUYER to operate or construct its facility, the same shall be a
title defect.
BUYER shall, at least fifteen (15) days prior to
Closing, notify SELLER in writing specifying the defect. SELLER
shall immediately attempt to cure said defect. If SELLER shall not
have progressed to a point where the defects are certain to be
remedied at or prior to Closing, BUYER shall have the option of (1)
accepting the conditions of the Property as disclosed in the survey
in an "as is" condition and close with a reduction in the Purchase
'further liabilities and obligations to each other respecting all
matters arising from this Contract.
S . Prorations.
Taxes, insurance, rents, interest, service contracts and
other prorations shall be prorated as of the date of closing, and
shall be computed on a daily basis. Taxes, unless ascertainable
for the current year, shall be prorated for the current year on the
basis of taxes for the preceding year and shall be recomputed and
readjusted between the parties when current taxes are
ascertainable. The provisions of this paragraph shall survive the
closing.
9. Documents to be Delivered.
At closing, SELLER shall deliver to BUYER:
9.1 A Statutory Warranty Deed (the "Deed") for good and
marketable fee simple absolute title to the Property subject to (1)
applicable zoning ordinances and/or restrictions, and matters
appearing on the recorded plat, which zoning regulations,
restrictions, and matters appearing on the plat have not been
violated and which either singularly or collectively do not
interfere with or impair the existing use or intended use of the
Property as provided in this Contract, unless such objections have
been waived by BUYER; (2) public utility easements of record,
provided same do not interfere with or impair the existing use or
intended use of the Property as provided in this Contract; and (3)
taxes for the year of Closing.
9.2 A Bill of Sale for any personal property included in
the sale.
9.3 A No-Lien Affidavit (1) testifying to the absenc~ of
any claims, encumbrances, taxes, assessments, liens or potential
lienors known to SELLER; (2) further attesting whether there have
been improvements to the Property for ninety (90) days immediately
lien against the Property; (5) testifying that SELLER alone is in
exclusive, peaceable and undisputed possession of the Property; (6)
SELLER is not subject to the Federal withholding regulation as set
forth in Internal Revenue Code Section 1445; and (7) testifying
that there are no actions or proceedings threatened or pending in
any state or federal court to which SELLER is a party including,
but not limited to, proceedings in bankruptcy, receivership or
insolvency; nor has SELLER, or any entity which SELLER has an
interest, either directly or indirectly, filed for bankruptcy
protection, or taken any other action, which would affect the
Property, the title to the Property or SELLER'S ability to close on
the sale of the Property to BUYER.
I f the Property has been
~proved within the past ninety (90) days, SELLER shall deliver a
release or a waiver of all construction liens or mechanic's liens
executed by general contractors, subcontractors, suppliers,
materialmen or other potential lienors and further reciting that,
,
in fact, all bilis for work done at the Property which can serve as
the basis for any construction lien, materialmen's, mechanic's or
laborer's liens have been paid in full. SELLER shall also furnish
such other evidence, affidavits or information required by the
Ti tIe Insurance Company so that the company will be able to
eliminate all standard exceptions from the Commitment at Closing,
except taxes for the year of Closing which are not yet due or
payable.
9.4 Such other instruments and documents as BUYER may
reasonably require.
10. Assumption of Risk,
SELLER agrees to assume risk of all loss or damage to
said property prior to the closing of this transaction.
11. Special Governmental Assessment.
All
special
governmental
assessments
liens
or
after written notice from BUYER of receipt of the last approval
and/or permit and/or the satisfactory completion of all conditions
precedent and conditions contained in this Contract. The closing
shall be held at the Offices of Sachs & Sax, P.A., 301 Yamato Road,
Suite 4150, Boca Raton, Florida 33431, at which time all monies due
to be paid hereunder shall be paid, and all instruments due to be
made, executed and delivered shall be made, executed and delivered
by the respective parties, each to the other, as herein provided.
13. Closina Costs.
SELLER shall be responsible for payment of costs of
documentary stamps on the deed of conveyance, preparation of
documents for closing, cost of the Commitment and title policy, any
real estate brokerage fees and its attorney's fees. BUYER shall be
responsible for the payment of the cost of recording the Deed, cost
of survey, and its attorney's fees.
14. Exclusive Possession and Deletion of .Gap".
Exclu~ive possession and occupancy of the Property shall
be delivered to BUYER at the time of Closing unless otherwise
mutually agreed upon in this Contract. The Title Insurance Company
issuing the Commitment shall agree to delete the II gap II from the
Commitment, and, in such event, SELLER shall be entitled to receive
the net proceeds at the time of Closing.
15. Real Estate Commission.
SELLER represents and warrants that it has not dealt with
any other broker other than OLIPHANT. BUYER and SELLER acknowledge
that OLIPHANT is the sole broker due a commission in this
transaction and that no other commission is' due and payable at
closing. SELLER shall be liable for paying the commission due
OLIPHANT. If any other claim for a commission is made BUYER shall
defend, indemnify and hold SELLER harmless from and against any
claims for commission. Any breach of SELLER'S representations set
16. Indemnification.
SELLER shall indemnify, defend and hold BUYER harmless
against loss or damage to BUYER resulting from any error,
misstatement, omission, or inaccuracy in or breach of any covenant,
representation or warranty of SELLER contained in or pursuant to
this Contract. Said Indemnification shall survive the closing and
shall include all costs and expenses and reasonable attorneys' fees
relating to any actions, suits, claims or judgment incident to any
of the foregoing.
17. Default.
17.1 If the sale and purchase of the Property shall not
be closed because of default of BUYER, SELLER'S sole and exclusive
remedy shall be to receive the deposit as agreed upon liquidated
damages, whereupon this Agreement shall be terminated and BUYER and
SELLER shall be released of all rights or obligations hereunder.
17.2 If the sale and purchase of the Property shall not
be closed because of SELLER's default of any term of this Contract,
BUYER, at its option may either obtain a refund of the Deposit,
plus interest, and thereupon this Agreement shall be terminated and
both BUYER and SELLER shall be released of all rights or
obligations hereunder, or BUYER may take action to specifically
enforce this contract.
18. Funds.
All monies to be paid pursuant to this Agreement shall be
made in United States dollars.
19. Notices.
Notices hereunder shall be effective to the respective
parties, and sent to the following by certified mail, return
receipt requested:
AS TO SELLER: James and Genevieve Rollyson
12671 Headwater Way
Wellington, Florida 33414
COpy TOI
Peter S. Sachs, Esquire
SACHS & SAX, P.A.
301 Yamato Road, Suite 4150
Boca Raton, Florida 33431
20. Date of Contract.
The date of this Contract shall be the date the same has
been last signed by both parties, with a fully executed copy in the
possession of the other party.
21. Escrow Aqent.
Sachs & Sax, P.A. shall act as Escrow Agent.
Escrow
Agent agrees, by acceptance of any deposit, to deposit such
promptly and to hold same in an interest bearing escrow account
and, subject to clearance thereof, to disburse same in accordance
with the terms and conditions of this Contract.
In the event of
doubt as to Escrow Agent's duties or liabilities under the
provisions of this Contract, the Escrow Agent may in Escrow Agent's
sole discretion, continue to hold the funds deposited in escrow
until the parties mutually agree to the disbursement thereof, or
",
until a judgment of a court of competent jurisdiction shall
determine the rights of the parties thereto, or Escrow Agent may
deposit same with the Clerk of the Circuit Court having
jurisdiction of the dispute, and upon notifying all parties
concerned of such action, all liability of the part of the Escrow
Agent shall fully terminate, except to the extent of accounting for
any sums delivered out of escrow.
In the event of any action, proceeding or suit between
SELLER and BUYER wherein the Escrow Agent is made a party by virtue
of acting as Escrow Agent hereunder, or in the event of any action,
proceeding or suit wherein Escrow Agent interpleads the subject
matter of this escrow, the Escrow Agent shall be entitled to
recover reasonable attorney's fees and costs incurred, said fees
and costs to be charged and aRsessed as court costs in favor of the
n.,..o,,..::II; , ; n". '1""'\:11.......-"11"
1\' 1 ......~.....+-.:__ _____ ..1..._.... ....\...._ D______ 'Il___.L _'L.._"
22. Cooperation.
Prior to and after the closing date, each party will
cooperate with the other in connection with the production of any
records or other information relating to the Property and shall
fully cooperate with and execute and deliver such other further and
additional documents, instruments and the like as may be requested
in order to perfect and/or complete the consununation of the
transaction contemplated herein and/or to effectuate the intent
hereof. The provisions shall survive the closing.
23. Condemnation.
If, prior to the closing of this transaction, any
condemnation proceedings are instituted affecting the Property, or
any portion of the Property, BUYER shall have the right to cancel
this Contract. SELLER agrees to give BUYER prompt written notice
of any such actual or threatened proceedings.
BUYER shall have
fifteen (15) days after receipt by BUYER of such notice within
which to cancel~< this Contract as a result of the condemnation
proceedings.
In the event that BUYER terminates this Contract
pursuant to this Paragraph 23, BUYER shall be entitled to receive,
from Escrow Agent, all deposits made, plus interest and this
Contract shall be terminated and thereupon BUYER and SELLER shall
each be released from all further liabilities and obligations to
each other respecting all matters arising from this Contract.
24. Other Agreement.
No prior or present agreements or representations shall
be binding upon any of the parties hereto unless in this Contract.
25. Modification.
No modifications or changes in this Contract shall be
valid or binding upon the parties unless in writing, executed by
all parties.
26. Kecordina.
In the event of any administrative action, litigat~on, or
,arbitration, (which arbitration must be mutually agreed upon by the
parties) arising from this Contract, the prevailing party shall be
entitled to recover all of its costs and reasonable attorneys fees
(including cost of appeal).
28. Successors and ABsions.
This Contract shall be construed upon and inure to the
benefit of the heirs, successors and/or assigns of the parties
hereto. BUYER only may assign this Contract.
29. Time of the Essence.
Time is of the essence to this Contract.
30. Construction.
This Contract shall be construed in accordance with the
Laws of the State of Florida. Venue of any lawsuit shall be in the
Fifteenth Judicial Circuit, Palm Beach County, Florida.
This
Contract is the result of negotiations between the parties and
;,
shall not be construed more or less favorably for or against either
party on account of its preparation.
31. Captions.
The headings and subheadings used throughout this
Contract are for convenience only and have no significance in the
interpretation of the body of this Contract, and they shall be
disregarded in construing the provisions of this Contract.
IN WITNESS WHEREOF, the parties have executed this Contract
the day and year first written above.
Signed, sealed and delivered
in the presence of:
~~^CV)0Q)
SELLER:
S1 ~ /1/1
.' I~~ \1 \~ /f~
~ AU-COC! nnT T 'V'C!n..'t :liJ
~ -111df(D
",
BUYER:
Waste Management Inc.
of Florida,
a Florida corporation
By:~A ~~~
,~, Pr9sigORt.
ESCROW AGENT:
B::Ch~;:~.
PETER S. SACHS, esident
ADDENDUM TO CONTRACT FOR PURCHASE AND SALE
THIS ADDENDUM TO CONTRACT FOR PURCHASE AND SALE entered into
this ...{ ~- day of ~tU"\
, 1991, by and between JAMES
ROLLYSON
and
GENEVIEVE
ROLLYSON,
his
wife,
(hereinafter
collectively referred to as "SELLER") whose address is 12671
Headwater Way, Wellington, Florida 33414 and WASTE MANAGEMENT INC.
OF FLORIDA, a Florida corporation, (hereinafter referred to as
"BUYER" whose address is 651 Industrial Way, Boynton Beach, Florida
33426, its successors and assigns.
WIT N E SSE T H:
..
WHEREAS the parties hereto have entered into that certain
Contract for Purchase and Sale dated the
c:<~
day of
(J)f"kl:w,
, 1991 ("Contract") for the property described on
Exhibit "A" thereto; and
WHEREAS the parties wish to amend the Contract to provide for
an access ease~ent over the western portion of the subject
...
property, said easement area being depicted on Exhibit "1" attached
hereto and made a part hereof, for the exclusive purpose of
allowing ingress and egress of SELLER to a building on additional
property owned by SELLER to the north of the property described on
Exhibit "A" to the Contract, being more fully described in Exhibit
"2" attached hereto and made a part hereof.
NOW THEREFORE in consideration of the mutual covenants and
upon the terms and conditions herein, the parties agree as follows:
1. The recitals set forth above are true and correct and are
incorporated herein by reference.
2. In addition to the documentation to be delivered by
SELLER at closing pursuant to Paragraph 9 of the Contract, at
closing, BUYER shall deliver a limited easement for ingress and
egress over the western portion of the property as depicted ~n
Exhibit "1". to R hllilrlinn nn ;:.,.'1rHt-;,......."'1 ......_~......~_...u ~.__...3 l...__ ...............,....
"" ...\
property owned by SELLER, north of the property described on
Exhibi t "A" to the Contract.
This Western Easement shall be
subject to the terms and conditions set forth below.
2.1 The Western Easement shall be executed by BUYER and
placed on the Public Records of Palm Beach County, Florida.
2.2 The Western Easement shall be for a term of five (5)
years from the date of recording of the easement or the earlier
termination as follows:
2.2.1 Upon the written notification from SELLER to
BUYER of the abandonment of the Western Easement;
2.2.2 The extension and opening of Miner Road to
the SELLER'S property, north of the subject property.
2.2.3
SELLER providing access from the public
streets to SELLER'S property north of the property to be conveyed
to the BUYER pursuant to the Contract.
2.3 After the initial five (5) year term, or sooner upon
,
written request ~of SELLER, the Western Easement shall be terminated
and a new ingress/egress easement will be provided along the
lIeastern property line of the subject property ("Eastern Easement")
~~~OF a pOFioa of five (5) yw~s. subjeqt to the termination pursuant
to Paragraph 2.2. Said Eastern Easement shall have the same width
C<J
as the Western Easement.
The cost of construction of the Eastern
Easement shall be borne by SELLER.
2.4 Upon the termination of all easements, BUYER shall
pay to SELLER the sum equal to the square foo~ge of the SUbject~
~~ 7~ 7)"
Western Easement at the rate of Two Dollars a&d ~/100 ($2.~) per
square foot.
2.5 The Western and Eastern Easements shall be non-
exclusive to SELLER, is non-assignable and shall terminate as set
forth above.
2.6 SELLER shall be responsible for payment for any and
~
,BUYER's attorney pursuant to an escrow agreement to be prepared by
BUYER and executed at closing. The escrow agreement shall provide,
among other matters, that: (i) the Termination of Western Easement
shall be recorded by the escrow agent upon the termination of the
rights of SELLER, but in any event, shall be recorded pursuant to
the termination provisions of Paragraph 2.2, five (5) years from
the recording of the Western Easement; and (ii) that the escrow
agent shall be authorized to attached the appropriate legal
descriptions to the Western Easement and Termination of Western
Easement when determined.
2.8 The provisions of this Paragraph 2 and the covenants
and responsibilities of the parties hereto shall survive the
closing.
3. Except as modified herein, the Contract for Purchase and
Sale between the parties dated the ~S- day of ((;f..>R1uA..
,
1991 is ratified and remains in full force and effect.
IN WITNESS' WHEREOF the parties hereto have executed this
Addendum to Contract for Purchase and Sale the day and year first
above written.
Signed, sealed and delivered
in the presence of:
SELLER:
~~ JIlMeO
~
BY:
GENEVIEVE ROLLYSON
BUYER:
/ /br
Waste Managem~nt ~n~.
of Florida,
_ "'__':...JI_ ______~______.__
.-.-.....-.'
SACHS & SAX, P.A.
ATTORNEYS AT LAW
SUITE .'50 . NORTHERN TRUST PLAZ'"
301 Y..........TO RO"'O
.oc... R...TON. "LORlo", 33.3'
..ItTItR S. S",CHS .
S"ENCER M, S...X
LARRY %, GLICKM...N
STEVItN L. DANIELS
...LAINE S, GREEN.ERG
M...RK L, .REG...R
M"'ILlNG ...oDRESS
P.O, .Ox 810037
.OC... R...TON, "LORlo... 33.81'0037
0" COUNSEL
M...RI... R, S"'CHS
,.L. C... ....RS
TELEPHONE ("07) 99" ._99
TELECOPIER ("07) 99.....985
. "L, NY ....RS
February 19, 1992
BOYNTON DEVELOPMENT CORP.
4651 Sheridan Street, Suite 1465
Hollywood, Florida 33021
Re: MR. AND MRS. JAMES ROLLYSON
Quit Claim Deed
Our File Number: 995-51
Gentlemen:
Please be advised that this law firm represents Waste
Management Inc. of Florida ("Waste Management"). Certain real
property located at the Boynton Commerce Center, currently owned by
Mr. and Mrs. James Rollyson, is under contract with our client for'
purchase and sale. Incident to our examination of title for the
purchase and sale, we have discovered an apparent clerical error in
a prior Quit Claim Deed given by Mr. and Mrs. Rollyson to Boynton
Developme~t Corp. (the "Corporation"). This letter is addressed to
the Corporation inasmuch as the Tax Assessor's Office has indicated
that this entity is the current owner of the subject property.
Should this information be incorrect, please so advise the
undersigned.
I have enclosed a copy of a Quit Claim Deed dated
February 6, 1984, which was recorded in Official Records Book 4157,
Page 242 of the Public Records of Palm Beach County, Florida (the
"Quit Claim Deed"). This Quit Claim Deed conveys certain property
to "Boynton Beach Distribution Center Associates", apparently for
the purpose of permitting the common use of Industrial Way within
the Distribution Center -- in particular, the cul-de-sac on the
eastern end of Industrial Way. However, according to the survey
prepared for Waste Management by Michael D. Rose, P.L.S., the legal
description in this Quit Claim Deed is erroneous: Instead of
conveying the northern segment of the cul-de-sac on Industrial Way
(which was the apparent intent of this Quit Claim), the Quit Claim
conveys a segment sixty feet (60') to the east of the cul-de-sac.
Attached hereto is a copy of Mr. Rose's sketch of the survey, the
shaded area thereon being the location of the land actually
conveyed by the subject Quit Claim Deed.
~ -
-'"
BOYNTON DEVELOPMENT CORP.
February 19, 1992
Page 2
In order to correct this error, this firm has prepared
two (2) new Quit Claim Deeds in recordable form. The first Deed
(the original of which is enclosed for your review and signature)
is a Quit Claim Deed from the Corporation back to Mr. and Mrs.
Rollyson for the same real property which was erroneously conveyed
as above-described. The 'second Deed (a QQRY of which is enclosed
for your review) is a Quit Claim Deed from Mr. and Mrs. Rollyson to
the Corporation conveying the correctly described property as
originally intended. This latter Quit Claim Deed shall be recorded
simultaneously with the recordation of the Quit Claim Deed to be
executed by the Corporation in order that there shall be no
interruption in the use and disposition of the subject Boynton
Commerce Center property.
Because the current legal description is in error and
there is an impending sale, we would appreciate your immediate
attention to this matter. A stamped, self-addressed envelope is
provided for your convenience in returning the executed Quit Claim
Deed.
After review of the enclosed documents, should you or
counsel for the Corporation have any questions or comments, please
do not hesitate to contact the undersigned. Thank you for your
prompt attention to this issue.
Very truly yours,
s
.
LZG:egs
cc: Mr. and Mrs. James Rollyson
Waste Management Inc. of Florida
SACHS & SAX, P.A.
SUITE: 4150. 30' "''''''''1'0 ROAO " ".0. SOx 1110037 . BOCA RATON, "L 334SI' 0037 " TE:LE.....ONE (407) IU~4 '441;11;1 " TELE:CO"'E" (407) 1;11;14 '41;1115
~;.."=::::n)
W~iB (()uit-aIlnim irl'b,Executed this day of ,19 92, by
BOYNTON DEVELOPMENT CORP. ' a corporation existing under the laws of
the state of Florida ,having its principal place of business in the county of Brcward
and state of Florida ' and lawfully authorized to transact business in the state of Florida, Grantor. to
JAMES ROLLYSON and GENEVIEVE ROLLYSON, his wife
Grantee
DIIitl1r.6Brt~: That the said Grantor, for and in consideration of the sum oU 10.00
in hand paid by the said Grantee, the receipt whereof is hereby acknow.
ledged, does hereby remise, release and quit-claim unto the said Grantee forever, all the right, title, interest, claim and de.
mand which the said Grantor 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:
SEEEXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
Wa ~aur alt~ to _ol~ the same together with all and singular the appurtenances thereunto belonging or in
anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in
law or equity, to the only proper use, benefit and behoof of the said Grantee forever.
."Grantor" and "Grantee" are used for singular or plural, as context requires,
l1n D!litltl'.6!l1!lll~l'rl'o( Grantor hereunto set Grantor's hand and seal the day and year first above written.
00YNIm DE.VELOPMENl' CX)RP.
Attest: By
Secretary
Signed, sealed and delivered in presence of:
President
PRINI' NAME:
(Corporate Seal)
PRINT NAME:
STATE OF FLORIDA
COUNTY OF
I Hereby Certify, that'on this
1992 I before me personally appeared
day of
~'1ti P-M;,l,,-' "r"~ c;l'cretary respectively of
BOYNTON DEVELOPMENT CORP. , a corporation under the laws of
.L_ ~.fto....,..,&, ~, _ _~ ...:3 _ ....... _.no 1.,...._......*.,.... hJ'lo ......no _d...r........... 1"''''_ ro:n..".m--' tl"ft f_".lIon_inn .~ro+P1I"""An.t .."ro rlll'h nr
QUIT CLAIM DEED
O.R.B. 4157. PAGE 242, P.B.C.R.
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF
THE NORTHWEST QUARTER (NW1/4) OF SECTION 16, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 16, THENCE
SOUTH 00. 00' 07" WEST, ALONG THE WEST LINE OF SAID SECTION 16, A
DISTANCE OF 655.51 FEET; THENCE SOUTH 87. 42' 35" EAST, A DISTANCE
OF 962.15 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING;
THENCE WITH A BEARING OF NORTH O. 00' 07" EAST, A DISTANCE OF 30.02
FEET; THENCE WITH A BEARING OF SOUTH 87. 421 35" EAST, A DISTANCE
OF 218.80 FEET; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF
25.00 FEET SUBTENDED BY AN ANGLE OF 42. 50' 00", AN ARC LENGTH OF
18.63 FEET TO A POINT OF REVERSE CURVE; THENCE WITH A CURVE TO THE
RIGHT HAVING A RADIUS OF 50.00 FEET, SUBTENDED BY AN ANGLE OF 132.
50' 00", AND AN ARC LENGTH OF 115.92 FEET TO A POINT: THENCE NORTH
87. 42' 35" WEST, A DISTANCE OF 318.59 FEET, MORE OR LESS TO THE
POINT OF BEGINNING.
CONTAINING 8812.7 SQUARE FEET (OR 0.20 ACRES) MORE OR LESS AND
SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
I ...... _ NEST LINE - SECTION 16-~5-~3 ~
I lJ1 tn -7-
~ SOO'00'07'N 655.50'
P. o. c.
~
(j '4'~ N.N, CORNEA OF
"r SEC. 16-~S-43
30' ~ - 30'
~-- <AI UI
UI ·
"1J -
,..,
tncn J
M' S,E. CORNER
~~ OF LOT 16
~ (J.:'-J
~"1J
~~
-0 z~
"-e ..... .
g.
...... C/)o 0 n -0
OfU
J:::::,. ~O . IT'! o · SCALE: 1. -40'
:z .
, CD .... 0
, ~~ IT'!
t :D ....,
- :z
I r- PI A PORTION OF
"-e ..... 0
:z: :c
to~ -i
IT'I :x:
l ~. :c OF THE NORTHWEST 1/4
~1:J c:'I OF THE NORTHWEST 1/4
- :z:
:z .....
...... . ,
~ 0 rl~ OF SE C T I ON 16, TOWNSHIP 45 SOUTH,
..... I
I c:: . ~
~~ a.. )00. RANGE 43 EAST
U) ~ -c
--f c.u ,...
(J;tl U\ _ CITY OF BOYNTON BEACH
ZJ . :z
,... ~
f M'- - I\> PALM BEACH COUNTY. FLORIDA
> -
~ r-- p
CD
M ~ c
.
...,
.
~' ..
...... ~
W <AI
~2: NOTES:
a:>
~-< I. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED
!=D NITH AN EMBOSSED SURVEYOR'S SEAL,
UI
~ 30'
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY.
~ EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
I
...
:D""~
I . I 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF
30' I\> Ut -
~~fD SAID PLAT OF 'BOYNTON BEACH DISTRIBUTION CENTER',
goO\
CU) - REFERENCE BEARING RECORDED AS NS9'22'49'E.
' . .
.4. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
A-U5,92'
A- 132' 50' 00'
....- R-SO.OO'
ru
;O~~~ IF~~ ~~ ~_~~~~1~~~=~
MICHAEl 0, ROSE
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO. 399B
I
W~is <puit-<!Unim mrrb. Executed this
JAMES and GENEVIEVE ROLLYSON,
Grantor-. to BOYNTON DEVELOPMENT CORP.,
whose post office address is 4651 Sheridan Street, Suite 1465, Hollywood, Florida 330~
This im .nent prepared by:
Larry Z. Glickman, Esquire
SACHS & SAX, P.A.
P.O. Box '810037
Boca Ratal, Florida 33481-0037
day of . 19 92 . by
Grantee
.itltrSBrt~: That the said Grantor. for and in cQllsideration of the sum 0($10.00
in hand paid by the said Grantee. the receipt whereof is hereby
acknowledKed, does hereby remise. release and quit-claim unto the said Grantee forever. all the right. title, interest.
clai m and demand which the said Grantor 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
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
Wa i;aur nub to _olb the same together with all and singular the apurtenances thereunto belonging or in
any.....ise appertaining, and all the estate. right. title. interest. lien, equity and claim whatsoever ofthe said Grantor. either
in law or equity, to the only proper use, benefit and behoof of the said Grantee forever.
-"Grantor" and "Grantee" are used for singular or plural. as context requires.
lilt l1IitnrBH IDl1rrru( Grantor hereunto set Grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in presence of:
PRINl' NAME:
JAMES K>LLY9JN
PRINI' NAME:
ST A TE OF FLORIDA
COUNTY OF
GrnE.VThVE roLLYSON
I HEREBY CERTIFY that on this day before me, an
officer duly qualified to take ackno.....ledgments. personally
appeared IN.tES AND GENE.VI::EVE K>LLYSON
RECORDING BOX
to me kno.....nlrto be the person S described in and who
e-xecuted the foregoing instrument l>!"r! I'('know!pdg~d
before me that they executed the same. "A1Pv did!
* no'l""C!rtn::all" 1rnn.n-. +-,.., mo ;j:;-;:t' nn+- "::avo ::an
LAND DESCRIPTION
A PORTION OF INDOSTRIAL WAY
BOYNTON BEACH DISTRIBUTION CENTER
A parcel of land lying in the Northwest quarter (NW\) of the
Northwest quarter (NW\) of section 16, Township 45 South, Range 43
East, Palm Beach County, Florida, and being a portion of Industrial
Way as shown on BOYNTON BEACH DISTRIBUTION CENTER, according to the
plat thereof, as recorded in Plat Book 47, Pages 100 and 101 of the
Public Records of Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of said section 16;
THENCE South 00. 00' 07" West, along the West line of said Section
16, a distance of 655.50 feet to an intersection with the
centerline of said Industrial Way;
THENCE Southwest 87. 42' 35" East, along said centerline, 902.15
feet to the POINT OF BEGINNING;
THENCE North 00. 00' 07" 30.02 feet to the North Right-of-Way line
of said Industrial Way;
THENCE South 87. 42' 35" East, along said Right-of-Way line 218.80
feet to the beginning of a tangent curve concave to the Northwest;
THENCE Northeasterly along said Right-of-Way line and along the arc
of said curve having a radius of 25.00 feet, a delta of 42. 50'
00", an arc distance of 18.69 feet to a Point of Reverse CUrvature
'with a curve concave to the Southwest;
THENCE Southeasterly, continuing along said Right-of-Way line and
along the arc of said curve, having a radius of 50.00 feet, a delta
of 132. 50' 00", an arc distance of 115.92 feet to a point on said
centerline;
THENCE North 87. 42' 35" West, along said centerline, 318.59 feet
to the POINT OF BEGINNING;
Said lands lying in the City of Boynton Beach, Palm Beach County,
Florida, containing 10,612 square feet, more or less.
Land Description Prepared By
CRAIG A. SMITH & l~,Sc)C~!l\~~:::
consulting Engineers.Planners.Surveyors
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SOO'OO'07'N 655.50'
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SEC. 16-"5-"3
S.E. CORNER
OF lOT 16
SCALE: 1- -40'
A PORTION OF
OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4
OF SECTION 161 TOWNSHIP 45 SOUTH,
RANGE 43 EAST
AND
~ 7 A PORT I ON OF BOYNTON BEACH 0 I STR I BUT ION
~ CENTER. PLAT BOOK 47, PAGE 100 & 101,
CITY OF BOYNTON BEACH I
PALM BEACH COUNTY. FLORIDA
NOTES:
t, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNlESS SEALED
WITH AN EMBOSSED SURVEYOR'S SEAL,
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-NAY.
EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF
SAID PLAT OF 'BOYNTON BEACH DISTAIBUTION CENTER',
_ REFERENCE BEARING RECORDED AS N89'22'49'E.
4. DATA SHOWN HEREON DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
A-U5,92'
A- t 32' 50' 00'
R-SO. DO'
;o;~~ IF~~ ~~ ~-~~~jwl2l1:~-=
M I CHAR D. 1l0SE
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO. 3998
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L!CAL DESCllPTION AtTACHED BD.ETO Am> HAD! A PAJlt HEUOr.
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STATE OF FLORIDA'
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1897 Pal. !~ch Lake. Boulev.r~---
~It ~.l. leach, Florida 33409
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Thl. Inlllum.nl Pr.p.t.d br and A.turn I
Je
Larry Z. Glickman, E.sc:n1ire
SAC HS & SAX, P.A
301 YAMATO ROAD, SUITE 4150
BOCA RATON, flORIDA 33481
;1A'{-,3-t'~'~2 12~~2pm 92-163452
ORB
7260 P9
383
Property Appraisers Parcel IdentifICation (Folio) Numbers:
C .., :"'l.... I....' c:.' n. - I " ,.,,, .~.:
,Of! .:bj. 10.),)0 LICIt,. 1'07'. ..L'
CLEP.}( OF TH'E COUH - fB COUNTY, FL
Grantee ss Is: (
~ - oC,7 3~\
SPACE ABOIIE THIS UNE FOR R:OOROING DATA
THIS WARRANTY DEED, made the 27th day 01 May, A.D, 1992 by James Rollyson and Genevieve
Rollyson, his wife herein called the grantors, to Waste Management Inc. of FL, a Florida corporation
whose post office address is: 651 Industrial Way, Boynton Beachl FL 33426, hereilafter called the Grantee:
(Wh...nr uud h.t.1n tho 111m. #gtanlor# and "'g.ant..", Includ. an tho parll.. 10 thl. In.l.um.nl and Ih. h.lrl, legal IIpr...nlallv.. and ~ulgn.
ot Individual., and Ih. IUCC...OII and aulgn. of corporation.)
WIT N E SSE T H: That the grantors, lor and in consideration 01 the sum of TEN AND 00/1OO'S ($10,00)
Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confllll1s unto the grantee all that certain land situate in PALM BEACH County, State of
Florida, viz:
SEE EXHIBIT -A. ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER, with all the tenemenls, hereditaments and appurtenances thereto belongi'lg or i1 anywise appertai'llng,
TO HAVE AND TO HOLD, the same II fee simple forever,
AND, the grantors hereby covenant with said grantee that the grantors is/are lawfully seized of said land in fee simple;
that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all
encumbrances, except taxes accruing subsequent to December 31, 1991.
IN WITNESS WHEREOFt the said grantors have signed and sealed these presents the day and year first abol/e
written.
in Ihe presence of:
L.S.
Signature
Ui((@..'i- z, G l.--\ <-~0
Prfil~lg~ # /
~ ~ '_ "~'>l (;CC~_
Signature I .
E t ( ~L'I- a. S;f7<-'f){T
Printed !g ture
ames Rollyson
12671 Headwater Way, Wellington. FL 33414
~ ?~
't'ltL/J/U/.:.u /j(~~ 1 ::?W/'
Genevieve Rollyson /.
12671 Headwater Way, Wellington I FL 33414
L.S,
Signature
LA ~ "'t Z- ' C; v\ c ~ \...)
Pr~d Sign1.(U(~ ~ (
--:) ~COp. ~ 'C.-u..( -t!'
Signature
fi LI'6:t1]1[.r;Jf (;!;1f-TP-:f J;7,/Oe)JI
Prinled Signature
EXHIBIT "A"
Legal Description
A pOl~1on of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 45
South, Range 43 Cast, Palm Beach County, Florida, more particularly described as
folloHs,
Beginninq at the Southeat;t corner of Lot 16, BOYNTON BEACH DISTRIBUTION CEh'TER,
according to the plat thereot recorded 1n Plat Book 47, pages 100 and 101, Public
Records of Palm Beach County, Florida, thence North 00'00'07. Cast 232.02 feetJ
thence South 87'42'35" East 449.23 feet; thence South 00'06'46" West 232.00 fe~tl
thence North 87'42'35. West 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 55'25'13- 8ast fro.
the radius point of the next described curve); thence North\{esterly along the arc of
said curve having a radius of 50.00 feet, a delta of 95'57'48., an arc distance of
83.74 feet to a Point of Reverse ('urvature with a curve concave to the Northwest;
t~taence Southwesterly 810ng the arc of said curve having a radius of 25.00 feet, a
delta of 42'50'00., an arc distance of 18.69 feet to a Point of 'l'OJ1~ncy; thence
North 87'42'35. West 218,80 feet to the Point of Beginning.
F::~ \'EAr1ED
PAlM ac:-ACH COUNTy, FlA.
Cll:~( C~lT COURT
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riM ,0 1'7"1.. L.~..Fm.::.- ~
OPf. 7260 P9 385
Con 10.00 Doc
CLERl( OF THE COURT - P8 CCt~flY ( ti..
,,.,
. ole
ACCESS EASEMENT AGREEMENT FOR WESTERN EASEMENT
THIS ACCESS EASEMENT AGREEMENT FOR WESTERN AGREEMENT is
made thi s -.a1- day of r0A 1 ' 1992 (the "Agreement..)
by and between JAMES ROLLYSON and GENEVIEVE ROLLYSON, his wife
(hereinafter referred to as "Rollyson"), whose address is 12671
Headwater Way, Wellington, Florida 33414; and WASTE MANAGEMENT
INC. OF FLORIDA, a Florida corporation (hereinafter referred to as
"Waste Management"), with its principal place of business c/o Mr.
Michael P. 0' Brien, General Manager, WASTE MANAGEMENT OF PALM BEACH
-- SOUTH, 651 Industrial Way, Boynton Beach, Florida 33426, its
successors and assigns.
l!.!~!!!~~~TH1.
WHEREAS, Rollyson is the owner of fee simple title to
certain real property located in Palm Beach County, Florida, which
property is more particularly described on Exhibit A attached
hereto and made a part hereof (the "Rollyson Property"); and
WHEREAS, Waste Management is owner of fee simple title to
certain real property located in Palm Beach County, Florida, which
property is more particularly described on Exhibit B attached
hereto and made a part hereof (the "Waste Management Property");
and
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, and the sum of TEN DOLLARS AND NO/CENTS ($10.00),
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. The above recitations are true and correct, and are
incorporated herein as if fully set forth below.
This instrument was prepared by
and should be returned to:
Larry Z. Glickman, Esquire
SACHS & SAX, P.A.
Post Office Box 1810037
Boca Raton, Florida 33481-0037
SACHS & SAX, P.A.
SUITE .150. 301 VAJt04ATO ..OAD . P 0- BOX el0037 . BOCA "ATON~ 'L ~34.I-OO.J7 . TELEPHONE ("07) VQ'4 '4.S.g . TELECOPI[JI' ~..o.,) 9g..a 4.04e es
2. Waste Management does hereby establish, give, grant
and convey a Non-Exclusive Access Easement over, upon and on that
portion of the Waste Management Property described on Exhibit C
attached hereto and made a part hereof (the .Western EasementM),
for the sole and limited purpose of ingress and egress to and in
favor of the Rollyson Property.
3. The term of the Western Easement shall begin on the
date of recording of this Agreement, and shall terminate and be of
no further force or effect upon the earlier of any of the following
events:
(a) Recordation of a Termination of Easement for
the Western Easement, executed by Rollyson; or
(b) Conveyance of the Rollyson Property, or any
part thereof, to any party; or
(c) Recordation of an Eastern Easement executed by
Waste Management in favor of the Rollyson Property and burdening
the Waste Management Property, but no obligation on the part of
Waste Management to enter into and grant such an Eastern Easement
shall be established, granted or conveyed, either expressly or by
implication, by the execution and recordation of this Agreement; or
(d) Five (5) years from the date of recordation of
this Agreement.
4. The cost and expense of all normal maintenance of
the Western Easement shall be borne equally by the parties hereto.
In the event that either party hereto fails to meet its burden of
maintenance of the Western Easement, the other party shall, at its
option, have the right to perform such maintenance, including
making all necessary repairs and replacements, and shall charge the
non-performing party 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.
S. In the event that any damage is caused to the
Western Easement as a result of its use by Rollyson, Rollyson shall
be responsible for the entire cost of repair of same. In the event
Rollyson does not initiate such repairs within thirty (30) days of
notice thereof, Waste Management shall have the right, but not the
obligation, to effect such repairs and to charge Rollyson for
reimbursement of the entire amount thereof, which reimbursement
shall be made within thirty (30) days of receipt of demand for
payment therefor.
6. Each party shall have the right to the full use and
enjoyment of their respective properties described Exhibits A and
B, except for such use as may unreasonably interfere with the
2
SACHS & SAX. P.A.
SUITE ".50. 30. YA.......TO RO....O . P.O. 80X 810031 . soc.... IIlt.."TON. F\. 33.....003,7 . T~LCPHONE 'cC1) 994 -.4SUI . T[L[CO~II[A {lIIO" g94 ....985
IJht\ I :':::6U r:~ ..38 /
exercise by the other party of the rights granted to it by this
Agreement.
7. In connection with any litigation arising out of
this Agreement, the prevailing party shall be entitled to recover
all attorneys' fees, costs and expenses, including appellate fees,
costs and expenses.
8. This Agreement cannot be altered, amended,
supplemented, modified or terminated, except by an instrument in
writing signed by all of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals as of the day and year first above written.
delivered
[as to both):
WASTE MANAGEMENT INC. OF FLORIDA
By:
WASTE MANAGEMENT OF
PALM BEACH -- SOUTH
~r' z...~'-\t~\.J
./ / ' .
/<.. (... /l'~ ~ 7v....LCi..____
Print Nan\e': Elizabeth Gates Saroers
By. du.LP/~
Michael P. O'Brien
Title: General Manager
3
S"'CHS & S"'X, P....,
SVITE .'50. :>0. .......uO RO"'O . "0. eo" 0100;>>7 . BO(;A RATON, F'L 334111' 0037 . TELEP,",ONE (407) ~~. '..SISI . TELECO"'ER (_07) ~~- '.~1I5
STATE OF FLORIDA )
COUNTY OF~~U1\. ~~A4\;
ss. :
~ The fOr~oing instrument was acknowledged before me this
~ day of ~ , 1992, by JAMES ROLLYSON and GENEVIEVE
ROLLYSON, his wife, who are personally known t me or have produced
as identifi and" d not take an oath.
STATE OF FLORIDA )
COUNTY oiY~Uv-. ~~<..~
NOTARY P
PRINT/STAMP/~Y~~ NAME: Larry Z. Glickman
COMMISSION~~~q:
COMMISSIOl~. :\ f1 flb(?o 30
, Ih:
. ".
, . .
I ..~~.Jo.'" ~.. ,
e. OF f\l .. .
.......
ss. :
-cff!CIAl NOTARY seAl..
. LARRy 1. GlJCK~AH
h f ., ~ CCM4, EX'k3/6/93 d d b f th'
I"I~ T e orego1ng 1nstrument was ac nOWl.e ge e ore me 1S
~' day of ~'i ' 1992, by MICHAEL P. O'BRIEN,
General Manager of Waste Management of Palm Beach -- South on
behalf of WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation.
He is personally known to me or has produced
as identification and did/did not take tho
NOTARY U
PRINT/STAMP/TYPE NAME: Larry Z. Glickman
COMMISSION EXPIRES: ;,.t1 br-3 ?
COMMISSION NUMBER: f1!/1) 0 ~O
~
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-ofFICIAl NOTARY SEAl.- I
LARRY Z. GUCKMAR f
Jfr COOoI. EXP. 3/6/93 ~
. ~
4
SACHS & SAX, P."'.
SUI'\'& 41S0. 301 "......'\'O RO..D . "0. BOX eIOO~'7 . aoeA "ATO"."L 33411'-0037 . '\'ELEP"'O,"E '.07) 00. '..00 . TEl.ECO"'E" ("0'7) 00.. -411115
EXHIBIT "A"
iJRB 7260 r'3 389
LAND DESCRIPTION
ROLLYSON
REMAINDER PARCEL
A parcel of land in the Northwest quarter (NW\) of the Northwest
quarter (NW\) of Section 16, Township 45 South, Range 43 East, Palm
Beach County, Florida, said parcel being more particularly
described as follows:
COMMENCING at the Northwest corner of said section 16;
THENCE South 87. 40' 45" East, along the North line of said section
16, a distance of 902.17 feet to the POINT OF BEGINNING of the
herein described parcel of land;
THENCE continue South 87. 40' 45" East, a distance of 450.00 feet;
THENCE South 00. 06' 46" West, a distance of 392.71 feet along the
East line of the Northwest quarter (NW%) of the Northwest quarter
(NW\) of said section 16;
THENCE North 87. 42' 35" West, a distance of 448.72 feet;
THENCE North 00. 00' 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.
Land Description Prepared By
CRAIG A. SMITH & ASSOCIATES
ConsuLting EngineersoPlannersoSurveyors
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EXHIBIT "B"
LEGAL DESCRIPTION
WASTE MANAGEMENT INC. PROPERTY
^ portion of the Northwest 1/4 of the Nortll\~eBt 1/4 of Section 16, TO"'ilSh1p 4S
South, Range 43 East, Palm Beach County, Florida, ~re particularly described as
t01l0\~SI
8eginninq at the Southeat;t corner of Lot 16, 8OYN'ron BEACH DISTRI8trrIC.'i-1 cmtrER,
according to the plat thereof recorded in Plat Book 47, pages 100 and 101, Public
Records of Palm Beach County, Florida; thence North 00'00'07. Cast 232,02 feet,
thence South 87'42'35- E&st 449,23 feetJ thence South 00'e6'46- ~est 232.00 fe~t,
thence North 87' 42' 35. tle6t a distance of 138.99 feet to A point on the arc of a non-
tanC]ent curve concave to the Southwest (said point bears North 55'25'13- East fro.
the radius point of the (text described curve): thence North\(esterly alonq th~ arc of
said curve having a radius of 50,00 feet, a delta of 95'57'48-, an arc distance of
83.74 feet to a. Foint of Reverse Curvature with a curve concave to the Northwest:
t)lence South~sterly along the arc of said curve having a radius of 25,00 feet, a
delta of 42'50'00., an arc distance of 18,69 feet to a Point of TMQE:ncy; thence North 87'42'35- West 218.80 feet to the Point of 8eg1nn1n9.
;,~r3 7260?g
392
EXHIBIT "e"
~~~X~X~X~P
L~ND DESCRIPTION
WEST INGRESS/EGRESS EASEMENT
A portion of the Northwest one-quarter (N\~\) of the Northwest one-
quarter (NW~) of Section 16, Township 45 South, Range 43 East, Palm
Beach County, Florida, more particularly described as follows:
COMMENCING at the Southeast corner of Lot 16, BOYNTON BEACH
DISTRIBUTION CENTER, according to the plat thereof, as recorded in
Plat Book 47, Pages 100 and 101 of the Public Records of Palm Beach
County, Florida;
THENCE South 87. 42' 35" East, along the North Right-of-Hay 1 ine of
Industrial Way, as shown on said plat, 25.02 feet to the POINT OF
BEGINNING;
THENCE North 00. 00' 07" East, along a line, 25,00 feet East of, as
measured at right angles, and parallel with the East line of Lots
16 and 17, of said BOYNTON BEACH DISTRIBUTION CENTER, 232.02 feet;
THENCE South 87. 42' 35" East, 50.04 feet;
THENCE South 00. 00' 07" West, along a line 75.00 feet East of, as
measured at right angles, and parallel with said East line of Lots
16 and 17, a distance of 232.02 feet to the North Right-of-Way line
of said Industrial Way:
THENCE North 87. 42' 35" West, along said North Right-of-Way line,
50.04 feet to the POINT OF BEGINNING;
Said lands lying in the City of Boynton Beach, Palm Beach County,
Florida, containing 11,601 square feet, more or less,
Land Description Prepared By
CRAIG A. SMITH & ASSOCIATES
consulting ~ngineers.Planners.surveyors
1000 West McNab Road
'"
r______ ~___~ ~,__:~_ ~~^r^
Thll Inltrumenl Prepared by and Return to:
Jt
Larry Z. Glickman, EsqUire
SACHS & SAX, PA
301 YAMATO ROAD, SUITE 4150
BOCA RATON, flORIDA 33481
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ORB
7260 p;
383
Property Appraisers Parcel Identification (Folio) Numbers:
COD 283,1&3,56 Doc 1,699,20
CLfRf( OF THE COURT - PH COUNr(, FL
Grantee SS #s: (
t;""t>) - oC,7 3&(
SPACE ABOVE THIS UNE FOR RECORDING DATA
THIS WARRANTY DEED, made the 27th day of May, A.D. 1992 by James Rollyson and Genevieve
Rollyson, his wife herein called the grantors, to Waste Management Inc, of FL, a Florida corporation
whose post office address is: 651 Industrial Way, Boynton Beach, FL 33426, hereinafter called the Grantee:
(Wh.rever used herein the terms #grantor# and lI'grantoe# Include all the partlss to this Instrument and the helrl, legal repressntativss and assigns
0' Individuals, and lhe succssoors and assigns 01 corporallons)
WIT N E SSE T H: That the grantors, for and in consideration of the sum of TEN AND OO/100'S ($10.00)
Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of
Florida, viz:
SEE EXHIBIT "AU ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or i1 anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the grantors hereby covenant with said grantee that the grantors islare lawfully seized of said land i1 fee simple;
that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 1991.
IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above
written ..
in the presence ot
ames Rollyson
12671 Headwater Way, Wellington, Fl 33414
loS,
Signature
Ui ~@-. 'f z, G L--- \ <-.~ W
P~~Ig~ # /
----25 ~i1 - - t:.:t. Cc-,C~
Signature I ,
FL (~l-ry- .s;f~;I){T
Printed ig ture
AttMI/;u J&~~~
Genevieve Rollyson /,
12671 Headwaler Way, Wellington, Fl 33414
L.S.
Signature
L--A~'t L- ~ z.,\C~\\J
Pr~d SlgntUr~ ~ (
~ lCO /A.. C. 'L-t..<'J -(j'
Signature
(i C/ 6.-iWe-;1f t;-tr(p--:f J/7,/Pn.J)
Printed Signature
j"R"
...1:1
7260 ?g
384
EXHIBIT "A"
Legal Description
A portion of the Northwest 114 of the Northwest 114 of Section 16, Township 45
South, Range 43 East, Palm Beach County, Florida, more particularly described as
folloHS l
Beginning at the Southeat.it corner of Lot 16, BOYNTON BEACH DISTRIBUTION CE},'TER,
according to the plat thereof recorded in Plat Book 47, pages 100 and 101, Public
Records of Palm Beach County, Florida; thence North 00'00'07" East 232.02 feet;
thence South 87'42'35" East 449,23 feet; thence South 00'06'46" West 232.00 feet;
thence North 87'42'35" West 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 55 \ 25' 13" Bast frolll
the radius point of the next described curve); thence Nor'th\,esterly along the arc of
said curve having a radius of 50,00 feet, a delta of 95'57'48-, an arc distance of
83,74 feet to a Foint of Reverse Curvature with a curve concave to the NoLthwest;
thence Southwesterly along the arc of said curve having a radius of 25.00 feet, a
delta of 42'50'00", an arc distance of 18.69 feet to a Point of 'l'angency; thence
North 87'42'35" West 218,80 feet to the Point of Beginning.
P.Ecori:> \1fRE:IED
"AlM BEAcH COUNTY, FlA.
CU:~~ C!!'!CUrr COURT
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l1AY-28-1992 12:42Pffi 92-163453
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ORB
7260 P9
385
Con 10.00 Doc
CLERK OF THE COURT - PE COUNTY1 FL
f('t
.. O~..t
ACCESS EASEMENT AGREEMENT FOR WESTERN EASEMENT
THIS ACCESS EASEMENT AGREEMENT FOR WESTERN AGREEMENT is
made this -.a:L day of W\A l' ' 1992 (the "Agreement")
by and between JAMES ROLLYSON and GENEVIEVE ROLLYSON, his wife
(hereinafter referred to as "Rollyson"), whose address is 12671
Headwater Way, Wellington, Florida 33414; and WASTE MANAGEMENT
INC. OF FLORIDA, a Florida corporation (hereinafter referred to as
"Waste Management"), with its principal place of business c/o Mr.
Michael P. O'Brien, General Manager, WASTE MANAGEMENT OF PALM BEACH
-- SOUTH, 651 Industrial Way, Boynton Beach, Florida 33426, its
successors and assigns.
~!%!!~SSE%!!l.
WHEREAS, Rollyson is the owner of fee simple title to
certain real property located in Palm Beach County, Florida, which
property is more particularly described on Exhibit A attached
hereto and made a part hereof (the "Rollyson Property"); and
WHEREAS, Waste Management is owner of fee simple title to
certain real property located in Palm Beach County, Florida, which
property is more particularly described on Exhibit B attached
hereto and made a part hereof (the "Waste Management Property");
and
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, and the sum of TEN DOLLARS AND NO/CENTS ($10.00),
the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. The above recitations are true and correct, and are
incorporated herein as if fully set forth below.
This instrument was prepared by
and should be returned to:
Larry Z. Glickman, Esquire
SACHS & SAX, P.A.
Post Office Box #810037
Boca Raton, Florida 33481-0037
SACHS & SAX, P.A,
SUITE 4150, 301 YAMATO ROAD' P.O. BOX BI0037 , BOCA RATON, FL 3348'- 0037 . TELEPHONE (407) 994 -4499 . TELECOPIER (407) 994 '4985
ORB 7260?9
386
2. Waste Management does hereby establish, give, grant
and convey a Non-Exclusive Access Easement over, upon and on that
portion of the Waste Management Property described on Exhibit C
attached hereto and made a part hereof (the "Western Easement"),
for the sole and limited purpose of ingress and egress to and in
favor of the Rollyson Property.
3. The term of the Western Easement shall begin on the
date of recording of this Agreement, and shall terminate and be of
no further force or effect upon the earlier of any of the following
events:
(a) Recordation of a Termination of Easement for
the Western Easement, executed by Rollyson; or
(b) Conveyance of the Rollyson Property, or any
part thereof, to any party; or
(c) Recordation of an Eastern Easement executed by
Waste Management in favor of the Rollyson Property and burdening
the Waste Management Property, but no obligation on the part of
Waste Management to enter into and grant such an Eastern Easement
shall be established, granted or conveyed, either expressly or by
implication, by the execution and recordation of this Agreement; or
(d) Five (5) years from the date of recordation of
this Agreement.
4. The cost and expense of all normal maintenance of
the Western Easement shall be borne equally by the parties hereto.
In the event that either party hereto fails to meet its burden of
maintenance of the Western Easement, the other party shall, at its
option, have the right to perform such maintenance, including
making all necessary repairs and replacements, and shall charge the
non-performing party 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.
S. In the event that any damage is caused to the
Western Easement as a result of its use by Rollyson, Rollyson shall
be responsible for the entire cost of repair of same. In the event
Rollyson does not initiate such repairs within thirty (30) days of
notice thereof, Waste Management shall have the right, but not the
obligation, to effect such repairs and to charge Rollyson for
reimbursement of the entire amount thereof, which reimbursement
shall be made within thirty (30) days of receipt of demand for
payment therefor.
6. Each party shall have the right to the full use and
enjoyment of their respective properties described Exhibits A and
B, except for such use as may unreasonably interfere with the
2
SACHS & SAX. P,A.
SUITE 4150. 301 YAMATO ROAD. P.O. BOX 810037 . BOCA RATON. F"L 33481 ~0037 . TELEPHONE (407) 994 -4499 . TELECOPIER (407) 994 -4985
ORB 7260 Fg
387
exercise by the other party of the rights granted to it by this
Agreement.
7. In connection with any litigation arising out of
this Agreement, the prevailing party shall be entitled to recover
all attorneys' fees, costs and expenses, including appellate fees,
costs and expenses.
8. This Agreement cannot be altered, amended,
supplemented, modified or terminated, except by an instrument in
writing signed by all of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals as of the day and year first above written.
delivered
[as to both]:
WASTE MANAGEMENT INC. OF FLORIDA
~r':'
/' / .
/' I
/' .. l;
Print N
By:
WASTE MANAGEMENT OF
PALM BEACH -- SOUTH
By: du.~/~
Michael P. O'Brien
Title: General Manager
3
SACHS & SAX. P.A.
SUITE 4150, 301 YAMATO ROAD. P.o. BOX 810037 . BOCA RATON, F"L 33481- 0037 . TELEPHONE (407) 994 -4499 . TELECOPIER (407) 994 -4985
OR8 7260 r'3 388
STATE OF FLORIDA )
COUNTY OF~~U'}\ 1)8\~~
ss. :
The for:{oing instrument was acknowledged before me this
:;II day of ff'A , 1992, by JAMES ROLLYSON and GENEVIEVE
ROLLYSON, his wife, who are personally known t me or have produced
as identifi and" d not take an oath.
STATE OF FLORIDA )
COUNTY or:QJ\ Uv-- ~~t.~
NOTARY P
PRINT/STAMP/~Y~~ NAME: Larry Z. Glickman
COMMISSION~~~ij:
COMMISSIOr ~:\ f1 Rb("?o sa
\ ,~:
. .
, . .
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**~ OF p..0!";..
............
ss. :
-oFFICIAL NOTARY SEAL"
. LARRY l. GlICKMAN
1')'"1 The foregoing instrumenr ~~ ~X6kil~medged before me this
-.!::.....' day of Y'0-I1 'i , 1992, by MICHAEL P. 0 'BRIEN,
General Manager of Waste Management of Palm Beach -- South on
behalf of WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation.
He is personally known to me or has produced
as identification and did/did not take th.
NOTARY U
PRINT/STAMP/TYPE NAME: Larry Z. Glickman
COMMISSION EXPIRES: 11 f'l1 r3 ?
COMMISSION NUMBER: ;?fr1 t:J) {) JO
~'
............
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'"OFFICIAL NOTARY SfAL II i
LARRY Z, GlICKMAN I
My COMM. EXP. 3/6/93 !
..",.:!
4
SACHS & SAX, P.A.
SUITE <4150, 301 YAoMATO ROAD. ':'.0. BOX 810037 . BOCA RATON, F"L 33481.0037 . TELEPHONE (407) 994.4499 . TELECOPIER (407) 994 -4985
j f
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rl.J~
SACHS & SAX, P.A,
ATTORNEYS AT LAW
SUITE 4150 - NORTHERN TRUST PLAZA
301 YAMATO ROAD
BOCA RATON, FLORIDA 33431
MAILING ADDRESS
PETER S. SACHS.
SPENCER M, SAX
LARRY Z, GLICKMAN
STEVEN L. DANIELS
ALAINE S. GREENBERG
MARK L, BREGAR
P,O, BOX 810037
OF COUNSEL
MARIA R. SACHS
FL, CA BARS
TELEPHONE (407) 994-4499
TELECOPIER (407) 994-4985
BOCA RATON, FLORIDA 33481-0037
. FL, NY BARS
June 4, 1992
Mr. Christopher Cutro, Planning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Post Office Box 310
Boynton Beach, Florida 33425
Re: Waste Management of Palm Beach
Conditional Use Application - Vegetative Recycling
Your File No. 671
Dear Mr. Cutro:
Please be advised that the property described in subject application and located
in the Boynton Beach Distribution Center closed title on May 27, 1992, conveying
ownership from James and Genevieve Rollyson to Waste Management Inc. of Florida.
Accordingly, we have provided herewith copies of the Warranty Deed and the Access
Easement Agreement for western ingress and egress to the remaining and adjoining
Rollyson property. We assume that consummation of this transaction does not impact
on the status of our pending application and the public hearings advertised for same.
We have been formally noticed and anticipate attending the Planning and Development
Board Hearing on June 9, 1992, and the City Commission Hearing on June 16, 1992. If any
further information is required from us, or should you have any questions or comments,
please contact this writer at your earliest convenience.
Very truly yours,
S"7Jlj212
Peter S. S~
PSS/bb
Enclosures (2)
cc: Michael P. O'Brien, General Manager, Waste Management of Palm Beach
Robert J. Lara, Project Manager, Ron Dorris Architects RECEIVED
JUN 5
PLANNING DEPT.
~
EXHIBIT "A"
,~c~
i}ro:b
7260 pg
389
LAND DESCRIPTION
ROLLYSON
REMAINDER PARCEL
A parcel of land in the Northwest quarter (NW\) of the Northwest
quarter (NW\) of Section 16, Township 45 South, Range 43 East, Palm
Beach County, Florida, said parcel being more particularly
described as follows:
COMMENCING at the Northwest corner of said section 16;
THENCE South 87. 40' 45" East, along the North line of said section
16, a distance of 902.17 feet to the POINT OF BEGINNING of the
herein described parcel of land;
THENCE continue South 87. 40' 45" East, a distance of 450.00 feet;
THENCE South 00. 06' 4611 West, a distance of 392.71 feet along the
East line of the Northwest quarter (NW\) of the Northwest quarter
(NW\) of said Section 16;
THENCE North 87. 42' 35" West, a distance of 448.72 feet;
THENCE North 00. 00' 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.
Land Description Prepared By
CRAIG A. SMITH & ASSOCIATES
Consulting Engineers. Planners. Surveyors
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EXHIBIT "B"
LEGAL DESCRIPTION
WASTE MANAGEMENT INC. PROPERTY
A pOl~lon of the Northwest 1/4 of the North~e8t 1/4 of Section 16, TO~TIsh1p 45
South, Range 43 East, Palm Beach County, Florida, more particularly described as
follo\-ls,
Beginning at the Southeast corner of Lot 16, OOYN'TON BEACH DISTRI8UTION CE}.'TER,
according to the plat thereot recorded 1n Plat Book 47, pages 100 and 101, Public
Records of Palm Beach County, Florida: thence North 00\00'07- East 232.e2 feet;
thence South 81'42'35" East 449.23 feet; thence South 00'06'46" West 232.00 feet;
thence North 87'42'35. West a distance of 138.99 feet to a point on the arc of a non-
tMgent cu.rve concave to the Southwest (said point bears North 55' 25' 13- Eas.t fr'om
the radius point of the next described curve); thence North\iesterly alonq th~ arc of
said curve having a radius of 50.00 feet, a delta of 95\57'48., an arc distance of
83.74 feet to a Foint of Reverse Curvature with a curve concave to the North.....est;
ttlence Southwesterly aloog the arc of said curve having a radius of 25.00 feet, a
de 1 ta of 42' 50' 00", an arc distance of 18.69 feet to a Point of 'l'dlllJ€'ncy; thence
North 87'42'35" West 218,80 teet to the Point of Beginning.
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7260 pg
392
EXHIBIT "C"
~~M:*ijBfx~P
LAND DESCRIPTION
WEST INGRESS/EGRESS EASEMENT
A portion of the Northwest one-quarter (NH\) of the Northwest one-
quarter (NW~) of Section 16, Township 45 South, Range 43 East, Palm
Beach County, Florida, more particularly described as follows:
COMMENCING at the Southeast corner of Lot 16, BOYNTON BEACH
DISTRIBUTION CENTER, according to the plat thereof, as recorded in
Plat Book 47, Pages 100 and 101 of the Public Records of Palm Beach
County, Florida;
THENCE South 870 42' 35" East, along the North Right-of-way line of
Industrial Way, as shown on said plat, 25.02 feet to the POINT OF
BEGINNING;
THENCE North 000 00' 0711 East, along a line, 25.00 feet East of, as
measured at right angles, and parallel with the East line of Lots
16 and 17, of said BOYNTON BEACH DISTRIBUTION CENTER, 232.02 feet;
THENCE South 870 42' 35" East, 50,04 feet;
THENCE South 000 00' 07" West, along a line 75.00 feet East of, as
measured at right angles, and parallel with said East line of Lots
16 and 17, a distance of 232.02 feet to the North Right-of-Way line
of said Industrial Way;
THENCE North 870 42' 35" West, along said North Right-of-Way line,
50.04 feet to the POINT OF BEGINNING;
Said lands lying in the City of Boynton Beach, Palm Beach County,
Florida, containing 11,601 square feet, more or less,
Land Description Prepared By
CRAIG A. SMITH & ASSOCIATES
Consulting ~ngineers.Planners.surveyors
, (\(\(\ hTcc-i- M,.-.U"'l-. D,....:>r'l
,.....,
~
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WEST INGRESS/EGRESS EASEMENT
A PORTION OF THE NW I/~ OF THE NW I/A
OF SEe, 16. TWP'45 SOUTH. RANGE 43 EAST
PALM BEACH COUNTY, FLORIDA
S87' 42' 35" E
50, 04'
EXHIBIT.
"e"
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0:: ,....-.. 25' 25' 25' SCALE: 11 .. 30'
w .
I-- 0: 50'
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en 0
....--< ( 11. 601 SO, FT.)
0:
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:::c , 'v SURVEY NOTES
u . , N N
<I: <..9 ("\J 0 t~ 0 t, REPRODUCTIONS Of THIS SKETCH ARE NOT VALID SEALED
W 0.. 0 N N NITH AN EMBOSSED SURVEYOR'S SEAL.
N (Y")
en N SQ. M
('1") N 2, lANDS SHOWN HEREON HERE NOT ABSTRACTED fOR RIGHS-
C'\J W x OF-WAY. EASEMENTS. OWNERSHIP. OR OTHER INSTRUMENT
:z: r---. ;... . OF RECORO,
0 "<;;J" w 0 "
~ ~ 0
I-- . b 3. BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH
,....., <:,
:z .... 0 0 LINE Of BOYNTON BEACH DISTRIBUTION CENTER AS
. - . 0 RECORDED IN PlAT BOOK 47. PAGES 100 AND 101 Of THE
>- co .., , 0 .
C) 0 PUBLIC RECOROS or PALM BEACH COUNIY. FLORIDA, SAID
0 ~ 0 0 0
:z en BEARING BEING SOUTH 87'40'45' EAST.
en 0.. .
lI'l C)
>-- 4. DATA SHOKH DOES NOT CONSTITUTE A FIELD SURVEY AS
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----{t,-
SURVEYOR'S CERTIFICATE:
WE HEREBY CERTifY THAT THE ATTACHED 'SKETCH or DESCRIPTION"
OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE
BEST OF OUR KNOWLEDGE AND BELIEF AS DELINEATED UNDER OUR
DIRECTION IN MAY, 1992, AND NEETS THE MINIMUM TECHNICAL
STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING
TO CHAPTER 21HH-6 OF THE FLORIDA ADMINISTRATIVE CODE,
Dlll SHD" HERE OO{S HDI COHSTI~ 1 IIElD SUAVEY lS SUCH.
FOR THE FIRM. By:__'t~{4Lt)!4~::'"'
HliHfiL 0, ROSE
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION NO, 3998
NORTH RIGHT-Or-WAY liNE
1187. "2' 35.11 Z 18, SO'
"'-
INDUSTRIAL
-----
WA Y
SACHS & SAX, P,A.
ATTORNEYS AT LAW
SUITE 4150 - NORTHERN TRUST PLAZA
301 YAMATO ROAD
BOCA RATON, FLORIDA 33431
MAILING ADDRESS
PETER S. SACHS'
SPENCER M. SAX
LARRY Z. GLICKMAN
STEVEN L, DANIELS
ALAINE S. GREENBERG
MARK L. BREGAR
OF COUNSEL
P.O, BOX 810037
BOCA RATON, FLORIDA 33481-0037
MARIA R. SACHS
FL, CA BARS
TELEPHONE (407) 994-4499
TELECOPIER (407) 994-4985
. FL, NY BARS
June 11, 1992
Mr. Christopher Cutro, Planning Director
CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Post Office Box #310
Boynton Beach, Florida 33425
VIA FACSIMILE
AND REGULAR MAIL
Re: WASTE MANAGEMENT INC. OF FLORIDA
Conditional Use Application -- Vegetative Recycling
Your File Number: 671
Our File Number: 988-02
Dear Mr. Cutro:
Enclosed please find the original Affidavit of Mr. James
Rollyson, which is given incident to the sale of the subject
property from the Rollysons to WASTE MANAGEMENT INC. OF FLORIDA, a
Florida corporation ("Waste Management"), and which assigns all of
Mr. and Mrs. Rollyson's right, title and interest in and to the
Conditional Use Application to Waste Management.
Attached to the Affidavit as Exhibits A and B,
respectively, are true and correct copies of the Warranty Deed and
the Access Easement Agreement for Western Easement, as well as all
Exhibits to the Deed and Agreement.
Should you have any questions or comments with regard to
these enclosures, please do not hesitate to contact the
undersigned.
Very truly yours,
.
LZG:egs
cc (w/Enclosures):
Mr. and Mrs. James Rollyson
Ron Dorris Architects
WASTE MANAGEMENT INC. OF FLORIDA
RECEIVED
11.'....
JUM ._
p\.ANN\NG OEPT.
-
-
STATE OF FLORIDA
ss. :
COUNTY OF PALM BEACH)
AFFIDAVIT OF, AND CONVEYANCE OF INTEREST IN
CONDITIONAL USE APPLICATION BY, JAMES ROLLYSON
ON THIS DATE personally appeared before me, the
undersigned officer, duly authorized to administer oaths and take
acknowledgments, JAMES ROLLYSON ("Affiant"), who, upon being duly
sworn, deposes and says that:
1. Affiant has personal knowledge of the matters herein
contained.
2.
Affiant's
address
is
12671
Headwater
Way,
Wellington, Florida 33414.
3. Affiant's wife, GENEVIEVE ROLLYSON, is currently
hospitalized, but is competent and in command of her faculties, and
she has authorized Affiant to make this Affidavit for and on her
behalf.
4. Affiant and Mrs. Rollyson are the Grantors under
that certain Warranty Deed, dated May 27, 1992 (the "Warranty
Deed"), conveying the property therein described to WASTE
MANAGEMENT INC. OF FLORIDA, a Florida corporation ("Waste
Management"). The property described in the Warranty Deed, a true
and correct copy of which is attached hereto and made a part hereof
as Exhibit 1, is hereinafter referred to as the "Property".
5. Attached hereto and made a part hereof as Exhibit 2
is that certain Access Easement Agreement for Western Easement,
dated May 27, 1992 (the "Easement"), given by Waste Management in
favor of Affiant simultaneously with the Warranty Deed. The
SACHS & SAX, P.A.
SUITE 4150, 301 YAMATO ROAD. P,O. BOX 810037 . BOCA RATON, F"L 33481.0037 . TELEPHONE (407) 994.4499 . TELECOPIER (407) 994 -4985
Easement burdens the Property with an easement in favor of the
Remainder Parcel described therein.
The Remainder Parcel is
property which is owned, in fee simple, by Affiant and Mrs.
Rollyson.
6. By this Affidavit, Affiant, on his behalf and on
behalf of Mrs. Rollyson, with the full authority of Mrs. Rollyson,
conveys all of Affiant's and Mrs. Rollyson's right, title and
interest in and to that certain Conditional Use Application --
Vegetative Recycling, submitted to the City of Boynton Beach,
Florida, in and to Waste Management.
7. This Affidavit is given to the City of Boynton
Beach, Florida, incident to the aforementioned Conditional Use
Application -- Vegetative Recycling with the intention that the
City of Boynton Beach, Florida, and Waste Management may rely
hereupon.
11th day
to me or
not take
-
The foregoing instru
of June, 1992, by JAMES
has produced
an oath.
as acknowledged before me this
ROLLYSON, who is personally known
as identification and did/did
:OT~C~-
PRINT / STAMP /TYPE NAME: Larry Z. Glickman
COMMISSION EXPIRES:
COMMISSION NUMBER: AA653030
-
.............,. .,
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'"OfFICIAL NOTARY SEAL"
LARRY Z, GLICKMAN
MY [0MM. EXP. 3/6/93
2
SACHS & SAX, P.A.
SUITE 41S0, 301 YAMATO ROAO . P.O. BOX 810037 . BOCA RATON, F"L 33481- 0037 . TELEPHONE (407) 994 -4499 . TELECOPIER (407) 994.4985