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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.. ~ - 0') 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!~~ .' .: ~~~ ,'. . . ". ;~'.- . t c:4ffr .. ,~ "f'.' ~ , , c:: ~,~' tl ct-_S>l:; ;.. ....:; ~ (j 0.. ('00,1 ('t') ('t') ('t') CO ',,- " 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 ~ LT1 tJj ~ ~ ~ ~-. "tl tnc:o t"rj' ~~ (J .'-1 ~"O t:j~ .........- ...- (l)c ~ '-=ic ~~ .........- tn~ ~. '-=i"O ......... ' ~ ~r-> 0::0 M'- ~ M ...- ~ w ~ -7- ~'S ..../!U 30' ~ - 30' ~~ - ~ I -0 . 0 n . m z CD -f m . D r- - :lZ m zw. gR -0 ~~ o -..J - ~ - z o c:: (.J') --f :0 - )> r- :z CD -..J . .. ru , w ~~ at)> ~-< ~ U'l ~ 30' 30' ~ . .. ztN,. . -. N8:- ~,fD ~~~ _ NEST LINE - SECTION 16-AS-~3 ~ SOO'OO'07'N 655.50' P. o. c. N,N. CORNER OF 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 I~~' . . 1i. .. I ., :',-1 nc .uns f -:: . ~.. . . . , ,,' 1h1s tuU.OA1m Ittd, ~'H lAla I . J.... IPI171C!l aAI CeIl.vi... IoU7101l. J"~ ' , . I. I I ,. .. -4 . '..' r ... N ~ '.f ., . 111 ~ " E en . . I! II I , ~ r Ii q.~~ J .. ..... - ..... N o A.. .- Q) i. ..... ." ti ~, , . . . "f"'CO r;o"... . ,1.,t/. , .. ..,., /<!.4w~ hll vif. . A, D, .9 14 ," 1"''''''''' .rInJDtoll leach DI.trlbutloll Cut.r &-.ocl.te.. . .lorl4a Clneral '.r~er.hlp ""'- ,...I."au ..un.. II , 2 South Dixie 1IigtMIy, Sui tlIt 205 ~ Lake tbth, n. 33460 t<<...J pen,: ~":":r -::. :;-~ -=:='::f :::.: ....~-r.:::.. ~ ~ . .... . ........t ltfUntsStlh. T.... ,..,.aIJ 'I", _',,!_.Nl I" n"..IJ_'i_ .1''', ._ .11 10.00 . '1ft '-wi ,... ., cl. ..,., NC'ONl petfJ. "'. ~Ip' ...",..., II Mr.1l, _,..."'W..... J_ ""'/'J' ......... ... ..... .Nl ,IIII'<r..". ...... &fI, ..u .--I ~ 1_....,. .0 ,,,. "."1, 1111.. ...,....." ~rei... ..d J........J ,,''',e'' rJW HI.I ,"', perl, "-' '" .Nl Ie ,,,. 10"'-'''1 .I,lcrfliH Ie" p4<<. _ pcunI ., leNl. ..,...." Irln. .Nl 11.1". lit cl. C....." "" 'ab leacb 5,.,.., Florld. . ......,: L!CAL DESCllPTION AtTACHED BD.ETO Am> HAD! A PAJlt HEUOr. .. ~ . ~ .... ... STATE OF FLORIDA' Q..Q..CUMHHAR "~...E!.!~._T~" . !d-~! ..., IIt'lI-,Jf,. '.;~ .\,~I. . = = ~.~~'" . ~ PI = '[I:".. ~~~io.o:~: 0 O. ~ 5 I ~ :;.:~.tI ., ! .1 " To )taUt ~uf to Jlold ,,,. _ 'oe.'"'' ..,;,1. .n .Nl 'I...ul.. ,.... .pporl'n~" I"rr.u,,'. hl-..,i.., _ ... ~,...... .,.,..,'ei"I"O. enJ .II ,I.. ,.,.1" ...."', ,ur.. ',,'rrll', II.... eqai" ....l el.l... ",,,,",. 1M".". .1,", ..1.1 In' perl,. ~".., ,,, I.... .. ~ull,. I. rI" onr, pror- III'. kn,;!, ...J kl.ool 011". ..sd we, Nl perl, /"'..-., In 1Intniss ltfhtrtof, TI., ,.;.1 /i.., pori, r.... .18"'.1 .Nl ...r"" ,I.", ",ft,,,b ,,,, .1., .".1 "., 'n' .M.. wrill.... 54."..1. _I.J ...J J,b_"" In ptft~nCl ./: j. .- ; a;,l';i-;';;.~--..!.... ~~~.........J!iJ } I HtUSY Cl.aTIFY ....1 _ .... ..,. .,.. -. .. .froe., 4." .......'".. io ... SIo.. .......ilI ..... i. 1M c..." ai_ill . sal. ...-............. ,.......n, .pp........ Ja.u 1lo11)'IIOD ancI ~eYIeve Iloll)'&OD, hi. vife .. _ .~ .. ... .... pa'1OlI -..,...... i. ud ..... 11..,..... .... r-p., Wlno_.. .ed tbey . .,o<~~,. h · w~ .. . o. ...,... ......., try........".... aamc, ib:..,~":.", ..;.....,. ':, ".>. W!n-;w ., lIaod aed .lIie;o/ Ital io 110. eo...". s.... ..~~ ~~.... f ~"'~ ~,:.u.~ A. D. t!184 .._...,..~c:":L-::: ITaLIC ,~:.\." ..' /;?? E ," . .. ~.... . ~ .... Co_hsloD !:>plru: \. >........,:-:..;:....'V,"~; "'I '.. S-'''''' . , Eclvar'" T. BIerce ~r:.:..:=~" rX-t1er tule Company ===-=-=~ 1897 Pal. !~ch Lake. Boulev.r~--- ~It ~.l. leach, Florida 33409 _..~- &.,wI 17ris lr&JIlJI",",' P"P"trl IJ: AJJiQJ . I ..~~;2I .....---...... . -- ..----.........",.,.. --- ~~1~ ~ ..J ~ - ~ ~ (1:\\ s ..a k ... ~ ~ .. ,. ('\.1 -=' ~ ..r' l'4 ,at ~ . I _-1 -- , , \ \ \ '~t~ . .~, + 9'9 't& ~$- &~'t .\a , , \ ~ ("') . \ ...... , W , \:- -;z. \ W \ u- ~ \ ti \ ~- \ . ",-ai , \ \ \a. - \:-' tn \ \ ';:)0.. -I~ \ , tA~ \ \ .........0 .c('U \ , ~- -g cc- \ , \:-t4 <f ~~ \ \ <1)0 ...... ~~ , , ~O 0- ~ \ , ) .~tl . ,tj, ,90 .oQS \ .. \ \ 1/0 / ~& ( ~~ :~A,,-"'/y 1/~ /fa ~ o~ <Y~ &~ ~ . ~/ ~~ 0 O/V 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 l \ :. ~ ... '" " j ~~:"~,' :;~.' ,~ ~ '.~ :;":: r.\', ~ "...... _ ....., ",,-,"-,' . -.",,' ,...."." .' E.O(~A ~i""il",I'1 ;'!,.... - .-"'- . . !t- tlfA'(_'....._<'.....'., 1''''0 -,"' 90"'\ 16345-'" 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 ~ ....... ...~~.. .~. . . . . . . . . . '1 : ~ . .' ..~-' . A.I .~, OF f\.efi<';. ......... \ ; " I .' -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 1000 w~~~ ~r~?~ Rn~rl .. "".... ~~ '" o , ."'1 .... .... ..... .. t I t I ~ I -- i ~..... 0> .;( ~ I ~ {t , ...1;;: i ~ lj~ _ I 390 ! " 7260 '" - t. - ~., .. ! I w ~ :IC , I i ' r: 0- <( ::E: IU 1"" fil !;! rt ; f : f i 1111:1 ) ~:~ ::1 ~ il i! J 111'(' IIrln~ I~ Ja ! a :1: ~ J I a It I~ I (I'r I:' Ii. i: ~. . I', " ~, I....:' I . i ill! 1t 1" )i i ~ ,'il' :4 ' IIII hI 1 I. ili II I' ,III 11:111~'1 I I II I r. ; I I. I I II .Ii~ . I' I i Iii I id : J~ ~ i ii Ii'!, I':I! i I I It' :", "I , .11 .IElttl' ..' C &~Al : 1 : l 1 : ;,.. 't' · .= H I~: . ~cr : = 5; . .. : l~.i . ~" I ~'i : :i~! ,.111 ",If II , _.;.. I .,) I all : :i r: 1'1 trl. i! I j!ii ! i.i i Ii! i Ii ;1 ill it .I:l!~,: tt)]. II': II:: II' I! Itld R:E,'!if Al :l J1 ~:! i!. ~Ic;~ftl. I. I. ;. ;. Xcl:HI I I I . .. I! V1>,). I ,- f , s- ~:J I ~ . I J ~ .. .' :.! :! ai y, 0 -I 0: I' ..N'....._ ,.......)& r-"'" ,It " I )It" 111) . i . ( ., - ---- - .......- . ) ;.-:~-_..._....- ... .....~.- t I . . . ,. l- f ., 1 oJ f' , ~ . e ..f ,""'.... , 11 :!1!~ . . I ail : Or; ;' o:r . i ; t1l." .......Li.. O. ..... "., rl'" t I I <$-~J }>..>'. I "'0", -_ .... . ....-?" "0 '/0.' ~ <J'I...'i>, 0'" +.. ~~.,..... ;,.>~# +~., ~ :1 IH . . : l - to r : · i : lk - w - ... ~ w \.;- ~. ;:- ;::to. 11:. c;€ ~; ~ c:.- C:l -.:' l.l' ~ ~~ ... :t: ~ ; . I t . ~ ~w _ l!l ...... ! tjcr ~ L\J L\J . "") cD _ oX . cr::> - a.Z a> UJ 0 ~ . .c . u . V') 0: w o Z <c x-J wW c:U ex: z<c 00. V> >- -J -J o c: :;:.; .::.~ --' -. .: an Z;;w ~":~ _-a -B. ."'~ ~('. &,' &_a - & ;:"'; jt-i ..~.. ~~ '" ~ .AQ: ...- V'O ~- ~t:,~-I -~lia - ~v.:ii ~...~~; '" _ z'- ...a:"""""'" ~W~~ %ZRCl"" -~i~ iCl-...."" ln5 l:: .~ ~ c! - ~;~ c,^ a:z YO .... '" .. ... ] z ~ '" Ii i "l. I I .. I ..i~ I ~F Ir:l I 0F.B 7260 P9 391 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\(esterly alonq th~ arc of said curve having a radius of 50,00 feet, a delta of 95'57'48-, an arc distance of 83.74 feet to a. Foint of Reverse Curvature with a curve concave to the Northwest: t)lence South~sterly along the arc of said curve having a radius of 25,00 feet, a delta of 42'50'00., an arc distance of 18,69 feet to a Point of TMQE:ncy; thenceNorth 87'42'35- West 218.80 feet to the Point of 8eg1nn1n9. ;,~r3 7260?g 392 EXHIBIT "e" ~~~X~X~X~P L~ND DESCRIPTION WEST INGRESS/EGRESS EASEMENT A portion of the Northwest one-quarter (N\~\) 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 'oIl~. 'i '~8 (..".~,~ ;'tMt-iw -177f. · ,~. ,,", ."""' ..., 1 634 c:- ..., l.:,"'tipm '7'&:...- ..J&:... 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 ,. I' 1 r:-t: ,",," t: i" /,' ..... .'" ~_.t .... I\L'~',-" . . \- ,~;;,)/ :~:':'::J:'~-':~,':,:~~-~~: 1 .IYI'.~-' _ _'(' " ....)q \,\ '.' ."1.' '~".....__ 4"~'~ I J i:,.iU';F-lv~ll.;l~" _A" -, ~ l1AY-28-1992 12:42Pffi 92-163453 ! 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 \ ,~: . . , . . I .. ">: ...d1'. **~ 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 ~' ............ ......~r>J'l.y fb,:... ...~-<"'. ""t-...., '" '" '" '" '" '" .. .. . . '" .. . . . ..~~ OF f\.~." ......... \ ' " J .' '"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 ~ ( #' .,.,..... 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 - -- .... - -- . ... ~ -.. - .. ~ ~~ xe: - => V'> o .;~ , ! ~ ... .. !!! & ~ ~ ll( ~ I , )Illlll )!IQ.I 1IS111 I I , ,. I! ,t ,. I~ , I f: ~ .. I' ~I -, ai ", " c:> .,,- I j I h ~ I "" " . '.. ;"~ 0 I I. e: _ e a _ r I 0 . ~= ~ .,..i x I. I:'~ - __ 1V....,_oM' ~ .b~n 1O/I""l.I\.' tOt. .el.I'" Jil., nf) i , .. I I ii I I ~J l>J'. I -1-0" ~ ~ 0- ::. <-pcP ;'0 /o--~ .,. <~ 'b, e> "'.. ~vJ..':'. ...>_ A "-,' ~.).. s- '$ ~ ORe 7260 pg Iu II" U -. 1': J' ij! !, i r1 ; f ~ f i ~Sif~1 ~ ~:~ ::1 ~ Hi! I III'; UrH~ ~ J. ! I J:a : ~ !l I; E ILh~ ,. ~"r i::' i.!: l fIlS IEm...:- ' I I i!~ i it ~,~ " ji i II~ ~'!"L ~ 'I I i~I..!J; f I! .1 I I" n~ ,JI I i I II~ If;.: Ii ~: II !, I"' 1!lllr~ je , ! I:i }. I"~~ i iot i: ~t Iii I le;211 i 21 .' ". I. J -. .." ~IEI c ~ r, . ~... :. . ; .' ;. . ~ al r I 0 :i.- C ::( : : - :: J: Ell'. 2 I It ! "Idl ~.i ,u"" .. !- l..:i ~~' i ~ai ~ ~i =! '. I i!.II!I! "._ "..) . I!. " .i r. 1'1 tc~;S I :!j)' ; i~i: =1 J,:j ~ ~i ;.: j~i i'l Er~E!lt !~ _ '" .; .. <<<< j ~f I lti:r-:.e :tlj I;i I Iii I ,; ;~ ~'IJai gi::~iI f 't S; .; r!5i~!1 r- :,t.ttI..tl -:'/IU~ . I JIll' ISH ii e ( -, - - - -- - -",!~..:._~ -- --_-.:..)- it .-.. ... t t k ~ ~ #. -t ~ ." J- ~ 0(" " '" . C ..lit I~.... , il !f 1~;: ..... , :;: ... ~ . . ail . c.i~: . o:!~ I ~ ~ ! j; ~ . -.. .... ;::,~ 0::. -e c.:- ....~ V.t - -e c:.- Bt ""~ ..... a:, "'~ c:' - .... "' ;.., o a:, 390 ~...... - ~ :::.... ~ t; a: twO WW I'"\J JCD "<I' OX I a:::> - a..:Z en [ill]w 0 cO: -: u . U"I - a: LU (:) Z -< ::e:....J LULU a:U a: z-< co. (/) >- ....J ....J C a: ~e ..~~ _...- -. .~~ :4011 8CX~ ~=.~ :~; "'.. z. . " l$ .~ !!1Il :,.;~ ~-~ ",2 c=~ V. ~~ '" :: IJ) a: 0\ - w~ g8 =w~to"I:i -~~a ~ v:::> -' ~Ln=gi ~wt~~a' en-x"'" ~a: V'lUU ~..~~ %.ZSi!'CDn" =-~~':' :EC)-.cftl V'):2: ile w &>- .c> g .~ ~:. ~ -:::> ..." ccz VO '-' To " ,/' - z 0 ~ > l2' x~ ~~ ~ ~~ kO ..... I?li ORB 7260 pg 391 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. ,"n8 'Jr.. ' 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 ,....., ~ t- o -.J ~:ntHJklo{l~ 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" !J~C I L6U rS J'"iJ 0:: ,....-.. 25' 25' 25' SCALE: 11 .. 30' w . I-- 0: 50' :z: . w u u co :z: . 0 0.. I-- :::::> ....--< 50' INGRESS/EGRESS EASEMENT en 0 ....--< ( 11. 601 SO, FT.) 0: I-- ~ (f) 0 Cl 0 \ ....--< :::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 "'---' 0 0 ...J Z SUCH. I.&J ~ lO ...J ... ..... lI'l ..c .... t- o ....J .cr u~ cr ID '0- Ou w . / I.n. t") /'N' ..N . 0 .... . , ~~ / / _--.J I ,I / N C>j / ciL-- ""1 I / / // P. 0.8, / ./ ----{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 - .............,. ., ...~bf{Y PlJrb~. ....~~v( """t' ....... . . . .. .. .. .. , --': .. .. . . , ..~r~ Of fl..cI;.... *.............. '"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