AGENDA DOCUMENTS
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MEMORANDUM
28 January 1988
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
.. RE:
Lakes of Hypoluxo - Master Plan Modification
On January 5, 1988 the City Commission was to consider an
amendment to the Lakes of Hypoluxo Planned Unit Development. The
amendment requested was to change the use of land from zero lot-
line, single-family residential development to an elementary
school. This request was submitted by Augustin A. Hernandez for
the School Board of Palm Beach County. Action on this request
was postponed by the applicant on the 5th and by the City on the
19th in order to clarify the meaning of several Staff comments.
To that end, you will find accompanying this memo a new agenda
packet which replaces the previous one. The comments included
are now fully understood by the School Board and the
recommendations previously made are still appropriate. Please
place these items on the February 2ndoagenda of the City
Commission for their review and action.
~RMEN S~O
/bks
cc: Central File
AGE N DAM E M 0 RAN DUM
December 23, 1987
TO: PETER L. CHENEY, CITY MANAGER
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: LAKES OF HYPOLUXO-MASTER PLAN MODIFICATION
Augustin A. Hernandez, agent for the School Board of Palm Beach
County, has requested a modification to the previously approved
master plan for the Lakes of Hypoluxo PUD. The modification
requested is to allow the development of a public elementary
school, in place of the 78 unit single-family, zero lot line
residential development (see attached correspondence).
The procedure for approving master plan modifications in planned
unit developments is twofold. First, the City Commission must
make a determination as to whether or not the changes requested
are substantial in nature. A determination of substantial change
on the part of the City Commission, which has sole discretion in
this matter, would require a new application for PUD. On the
other hand, a determination of no substantial change allows the
forwarding of the request to the Planning and Zoning Board. The
Planning and Zoning Board then may approve the request. This
procedure appears in Appendix B, Section 12 of the Code of
Ordinances.
With respect to the above, the Technical Review Board (TRB) met
on Tuesday, December 22, 1987, to review the plans and documents
submitted, and they offer for your consideration, a
recommendation that the City Commission make a finding of no
substantial change for the requested modification, and that the
Planning and Zoning Board approve this request subject to the
staff comments which appear in exhibit "A".
With respect to the recommendation of no substantial change, the
TRB made findings that the proposed elementary school would
generate less of an impact on roads and utilities than would the
residential development. The elementary school would generate
approximately 727 vehicle trips per day, as compared to the
residential development, which would generate approximately 780
vehicle trips per day. Concerning the impact on public
utilities, attached you will find in exhibit liB", a memorandum
from the Director of Utilities which estimates the water and
sewer demand for .the elementary school, as compared to the
residential development.
In addition to noting that the elementary school would pose less
of a demand on infrastructure than would the residential
development, the TRB also made findings that the proposed
elementary school would provide additional outdoor recreation and
facilities for various social and civic functions, as compared to
the residential development, which would provide no outdoor
recreation, and would create additional demand for such
facilities.
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CARMEN S. ANNUNZIA
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Attachment
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THE SCHOOL BOARD
OF PALM BEACH COUNTY, FLORIDA
3323 BELVEDERE ROAD
P.O. BOX 24690
WEST PALM BEACH, FL 33416-4690
305-684-5000
THOMAS J. MILLS
SUPERINTENDENT
OF SCHOOLS
LETTER OF SUBMITTAL FOR MASTER PLAN MODIFICATION
WHEREAS, the School Board of Palm Beach County has entered into contract for purchase
of a parcel of land, more particularly described in Exhibit 1. The subject parcel was
approved by the City of Boynton Beach for the development of a Planned Unit
Development, a/k/a Lakes of Hypoluxo PUD.
WHEREAS, the School Board of Palm Beach County recognizes the existing and future
growth of residential population in the area of the Lakes of Hypoluxo PUD site. This
growth in population also causes an increase in the elementary school population. In
efforts to meet this population demand, the School Board is seeking to acquire new sites
for school construction.
The School Board and the owners of the proposed Lakes of Hypoluxo PUD have entered
into contract for purchase of the subject site for use as an educational facility. The
School Board required and petitions the City Council of the cities of Boynton Beach for a
master plan modification to the Lakes of Hypoluxo PUD, to allow the conditional use and
approval of a public educational facility on the subject site. A conceptual master plan of
the proposed school site is enclosed (Exhibit 2.)
In addition to the benefit of the proposed school serving the residential population of the
area, there are other additional benefits. A significant reduction in traffic from that
generated by the approved Lakes of Hypoluxo PUD and an elementary school will occur.
Other benefits are a reduction in infrastructure service demand, more particularly a lesser
demand on water and sewer service.
The school site plan also has other benefits as compared to the approved PUD. A
reduction in impervious paved area (roadways, house pads, driveways.) An increase in the
open space will result. In addition, the recreational facilities for the school will be
available to the community in the evenings and weekends.
In view of the advantages of modifying the master plan to allow a public school to be
constructed on this site, the School Board respectfully request this modification and
conditions use approval.
n A. Hernandez, P annm
t for the School Board
WP3\ES\SITE.QE
12\7\87
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LETTER OF MASTER PLAN AMENDMENT
PETITION AUTHORIZATION
Elementary Q
Rezoning of Property located on Hypoluxo Road in Boynton
Beach, Florida. Legal Description.
The W 1/2 of the E 1/2 of the NW 1/4 of the NE 1/4 and
the E 1/2 of the W 1/2 of the NW 1/4 of the NE 1/4 of
Section 7, Township 45 South, Range 43 East, Palm Beach
County, Florida, less the North 40 feet thereof. Palm Beach
County Property Appraiser Control Number 08 43 45 07 00
000 1040.
To whom it may concern:
This letter is to authorize Agustin A. Hernandez to act as
agent for petitioner Walter H. Janke on the rezoning of
property referenced above for use as a public educational
insti tu tion.
Agent for this rezoning has express authority to negotiate
conditions which may be imposed during zoning.
~;r
Dr. Wa~ er H Janke
Owner
wpd2\petition \loz
RErl E57r.!E mE .:liD PUP.GIASE COrlrrJ..CT
This is a legally bincing contrQct. SeeK your attorney's advise before signing.
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~2lte! H. Janke
:f 29~1 N.W. 49th ~ve~ue. S~ite 206. Lauderdale lakes. Florida 33313
School 20ard of Palm Beach County. Florida
0r P.O. Box 24690. 3323 Belve~ere Rd. W. Palm Beach. FL 33416.4690 (ph. 684-514& I. as buyer. her;~i
agreE that the seller shall sell and the buyer shall buy the follo.ing described property UPON TEE TE?:~
;Jm cmmmCHS HEF.E1N~Jr::? SIT FORTH. ;:hich shall include the S!AND~.P.DS FOR RE.;L ESrATEWJlSACTICllS s~~ .
(ph. 742-2705 I. as seller. a~d
lor~n on the ~verse side of this contract.
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1. LEG;l DESCRIPTION of real estate located in Palm Be2c~ County. State of Floirda:
The W 1/2 of the E 1!2 of the I~ 1/4 of the Nt 1/4 and the E 1/2 of the W 1/2 of the W~ 1/4 of the
NE 1/4 of Section 7. 10.~shiD 45 South. Rance 43 East. Palm Beach County. Florida. less the North
40 feet thereof. Palm Beach' County Property Appraiser Control NUmber 08 43 450700 000 1040.
2. PUP.C~).SE PPJCE 1.000.000 . Dollars
Method of Pai1ffie~t:
a. Deposit to be held in trust by
b. Approximate principal balance of first mortgage to .hich conveyance
shall be subject. if any. Mortgage holder
Interest ___% per annum; Method of payment
'c: Other $
d. Cash. certified or local cashier's check on closing and delivery of deed (or such greater or
lessor amount as may be necessary to complete pa)1Cent of purchase price after credits.
adjustments and prorations. $
TOTAL $ 1. 000.000
r;.::r.'. 3~Tlr~ OF ACCE?T;]CE: if this contract is not executed by the seller and buyer on or before
< Novem~[i~t987. the aforesaid deposit shall be. at the option of the buyer. returned to him and this
agreement shall be null and void. The date of contract. for purposes of performance. shall be regarded as
the date .hen the last one of the seller and buyer has signed this contract.
4. CLOSnlC DATE: This contract shall be closed and the deed and possession shall be delivered on or
~eE0re !l day of January 19~. unless extended by other provisions of this contract.
5. PP.OP~TIONS: T~~es. insurance. interest. rents and other expenses and revenue of said property
shall be prorated as of the date of closing. .
6. EVrD~~C2 OF TITLE: Check ( I (11 or (XI (21 within ~ days from the date of this contract~ the
seller shall. at his expense. deliver to the buyer or his attorney in accordance with Standard A on reverse
side either: (11 abstract (21 'Title guarantee.
7. CO~~{~lICE: Seller shall convey title to the aforesaid property to the buyer by statutorf
warranty deed subject to matters contained in this contract and taxes for the year of closing.
8. RESTRICTIONS. EPSB1ENTS. LlMlTATION: Buyer shall take title' subject to (ll zoning restrictions.
prohibitions. and requirements imposed by governmental authority. (bl restrictions and matters appearing on
the plat or common to the subdivision. (c) public utility easements of record. provided satd easements are
located on the side or rear lines of the property. (d) taxes for year of closing. assumed mortgages. and
purchase money mortgages. if any: Ie) other: Seller warrants that there
shall be no violation of building or zoning codes at the time of closing.
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9. DEFAULT Bl BUYER: If buyer f~ils to perform any of the covenar.ts of this contract. all money paid
pursuant to this CO;Jtract by buyer as ~fore~ id shall be retained by or for the account of ,the seller as
$ 5.000
$
$
ccuside:atioo for the lX~Jticn of this contract ana as agreed li~~idat!d d~ages and in full stttl~~t of
any clai:s for dazages.
10. DEFAULT BY SillER: If the seller fails to perfor= lny of the covenants of this centract. the
aforesaid DOney paid by the buyer. at the option ot the buyer shall be returned to the buyer on ce:and: cr
t~e buyer shall have only the right of specific perfor:ance.
11. m~'RI1"1U OR B.!.l\L1mTITll P~ISIOHS: Typewritten Dr handljtitt~ provisions werted iD this
fOri shall control all printed provisions in conflict thermth.
. 12. 0'I'm }G.mIDiTS: Ie agreesents or representation. unless incorporated in this contract. shall be
b~di!lg upon any ot tbe parti!!.
13. S?Erill.W.USE5: See Paragraphs 13{A) and {B} on the Addendum hereto.
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WIT~~SSES: (Two are required)
DATE EXECUTED BY BUYER:
SCHOOL BOARD OF PALM BEACH COUNTY. FLOP.ID~ (sc~~.
(SE':'L)
Cha i rman : Hugh Mac:l'Ii l1an. Jr.
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Secretary.: ThOll1<1s J. Mills
{SEAL)
Date ~uted By
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Walter H. Janke
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ReViewed:~/QffiC7 Cel1f2'rtir Counsel
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By: /. .~~;? .'.:~ -...\
Attorney -
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STANDARDS FOR Rill ESTATE TRANSACrIONS
.~. ElJlDDICE OF TITLE:, (1) A comp,lete abstract of title prepared by a reputable abstract fir.n ?ur~~rt:~.~ tj
be an accurate synopSlS of the lnstrume,nts affectlng the h~le to that real property receraed in p:;wl::
records of that county to the date o~ thlS co~tract. showing .1n the selle~ a markefable ~itle in acccrca~.ce
'tilth hUe standards adopted froll hllle to time by the Flonda Bar. subject only to hens. enCiJ;lI~ranm,
exceptions or qualifications set forth in this contract and those which snaIl be discharged by seller at c:
before closing. (2) a title guarantee commitment issued by a qualified title insuror agreeing to iss:;e to
the buyer. upon the recording of the deed hereafter mentloned. as owner. guarantee in the amo!;:lt of t~;e
purchase price insuring the title of the buyer to that real property. subject only to liens. enc~~bra~ces.
exceptions 9r qualifications set forth in this contract and those WhiCh shall be dlscharged by seller at or
before clomg.
Buyer sball have fifteen (151 days if abstract. or five (51 days if title guarantee. from t~e date or
receiving the evidence of t1tle to examine same. If title is found to be defectlve. the buyer shall. within
saidpenod notify the seller in vriting specifying the defects. If the said defects render the t1t~e
unmarKetable. the seller shall have ninety (901 days from the receipt of such notice to cure t~e defects.
and if after said period seller shall not have cured the defects. buyer shall have the option of:
(1) accepting title as it then is. or (2\ demanding a refund of all monies paid hereunder which shall
forthwith be returned to the buyer. and thereupon tfie buyer and seller shall be released of all furtte~
obligations under this contract.
B. EXISTING MORTGAGES: The seller shall furnish estoppel letters (not necessarily in affidavit fOr:l!
setting forth the princioal balance, method of payment. and whether the mortgage is 1n good standing. If
there 1S a charge for the change of ovnership records by the mortgagee. it sHall be bOrne by the buver.
Seller shall receive as credit at closing. an amount equal to the escrow funds held by the mortgagee. '. If
the existing mortgage requires the buyer to assume same. then the buyer shall do so; provided.hcwe~er. :f
the DOrtgagee does not accept the buyer. then in that event occurring. the buyer at hlS option may ca~ce~
the contract and all DOnies paid by tfie buyer shall be refunded to the buyer.
C. PURCHASE MONEY MORTGAGES: Any purchase money notes and mortgages required by the contract shall follow
the forms generally accepted and used in the county where the land is located, Any purchase money mortaaae
shall provlde for lnsurance against loss by fire wlth extended covera[e in an amount not less than the full
insurable value of the improvements. In a first mortgage. the note ana mortgage shall provide for accelera.
tion. at the option of the holder. after thirty (30r days default and in a second mortgaqe. after fiftee~
(15\ days default. A second mortgage shall require a mortgagor to keep all prior liens ana encur.brances in
good standing. Buyer shall h~ve the right to prepay all or part of the principal at any tice or tlmes with
lnterest to date of payment wlthout penalty.
D. OTHER MORTGAGES: In the event bUjer executes a mortgage to one other than the seller. all costs and
charges incidental thereto shall be palQ by the buyer.
E. SURVEY: If the buyer desires a survey he shall have the property surveyed at his expense prior to
closing date. If the survey shows an encroachment. the same shall be treated as a title defect.
F. LEASES: Seller. not less than 15 days before closing. shall furnish to buyer copies of all written
leases and estopQel letters from each tenant s~ecifying the nature and duration of the tenant's occupancy.
rental rates. ana advanced rent and security deposits paid by tenant. If seller is unable to obtain suc~
letters from tenants. seller shall furnish tfie same information to buyer within said time period in the f~rm
of a seller's affidavit. and buyer may contact tenants thereafter to confirm such information. At clcsing.
seller sball deliver and assign all original leases to buyer.
G. MECHANICS LIENS: Seller shall furnish to buyer an affidavit that there have been no improvements to the
subject property for 90 days immediately rrecedlnq the date of closing. and no financing statements. clai~3
af lien or potential lienors known to se ler. If the property has Deen improved withlD that time. seller
shall deliver releases or waivers of all mechanics liens as executed by general contractors. subcontractors.
suppliers. and materialmen. in addition to the seller's lien affidavit. setting forth the names of all
general contractors. subcontractors; suppliers. and materialmen and reciting that all bills for work to ~he
subject property which could serve as basis for mechanics liens have been pald or viII be paid at ClOS10g.
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H. PLACE OF CLOSING: Closing shall be held at the office of the seller's attorney or as otherwise agreed
upon.
I. TIME IS OF THE ESSENCE: Time is of the essence of this Sale and Purchase Contract.
J. DOCUMENTS FOR CLOSING: Seller's at torney shall prepare deed. note. mortgage. seller's affidavit. any
corrective instruments required for perfecting the title.and closing statement and submit caples of same to
buyer's attorney. and copy of closing statement to the broker. at least two days prlor to scheduled closing
da,e.
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K. EXPENSES: State documentary stamps required on the instrument of conveyance and the cost of recording
any corrective instruments shan be paid by the seller. Documentary stamps to be affixed to the note
secured by the purcbase money mortgage. intangible tax on the mortgage. and the cost of recording the deed
and purchase money mortgage sball be paid by the buyer.
L. PRORATION OF TAXES: Ta;es shall be prorated on tax for the curr~nt y~ar with due allo~ance being made
for the maximum al19'tiable d1scount and for ho~estead or other exemptlo~s 1f al~owed for s~ld year. If t~e
c~rrent assessment 1S not avallable. the tax w1ll be prorated on the prlor year s tax. provldea. he.ever. lf
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tterem completed improve~ents on the subject property by. January 1st of the year of closing, ~ic~
llllprOVel!ents were not 1n enstence on JanuaIT 1st or the pmr year, then the tax shall be prorated to
assessment to be agreed upon between the parties: but any tax proration based on an estilate laY oe adjusted
subseQ!lently at the. request of either party upon receipt of 1he tax bill. and a statement to that e!fet~
shall 'be set forth 1n toe clos1n9 statement.
M, lRSURANCE: If insurance is to be prorated. the seller shall on or before the closing date. furnish to
buyer all insurance policies or copies thereof.
N. SPECIAL ASSESSMENT LIENS: Certified. confirmed or ratified special assessment liens as of the date of
closing (and not as of the date of the contract) are to be paid by the seller. Pending liens as of the date
of closing shall be assumed by the buyer. provided. however, lhat wbere the improvement has been sub-
stantially completed as of the date of the contract. such pendinq liens shall be considered as cer~ified,
confirmed or ratified and the seller shall. at Closing. be chargeo an amount equal to the last esti1ate oy
the public body of the assessment for the improvement.
O. RISK OF LOSS: If the improvements are damaged by fire or casualty' before delivery of the deed and can'
be restored to substantially the same condition as now within a ferioa of 60 days thereafter. seller sball
so restore the improvements and the closing date and date of de iver! of possession hereinbeforeJrovided \
shall be extended accordinglY. If seller fails to do so. the bQYer shall have the option of (11 t ing the
property as is. together with insurance proceeds. if any. or (2) canceling the contract. and all deposits
shall be forthwith returned to the buyer and all parties shall be released of any and all obligation and
liability.
P. MAINTENANCE: Between the date of the contract and the date of closing. the property. including lawn.
shrubbery and pool. if any. shall be maintained by the seller in the conditlon as 1t existed as of toe date
of the contract. ordinary wear and tear excepted.
O. PROCEEDS OF SALE: The Deed shall be recorded and the evidence of title continued. at seller's e~ense.
Eo show title in the buyer. without any encumbrances or change from the date of the last evidence rendering
seller's title unmarketable. and the cash proceeds of such sale shall be held in escrow by. the seller's
attorney or by such other mutually agreed upon Escrow Agent for a period of not longer than live (51 days.
exclusive of Saturdays. Sundays ana holidays. If the seller's title is so rendered unmarketable. the
buyer's attorney shall. within the said five (5) day period. notify seller's attorney in writing of the
defect and the seller shall have thirt[ (30) days frOl the date of receipt of such notification to cure the
defect. In the event seller fails to imely cure said defect. all monies paid hereunder shall. upon written
demand therefor. within five (5) days thereafter. be immediately returned to buyer. and simultaneously with
such repayment. buyer shall vacate the premises and reconv~ by Special Warranty Deed. In the event of the
failure of the bu~er to make timely demand for refund. he snaIr take title as is. waiving all rights against
the seller as to the intervening defect.
R. BROKER'S COMMISSION: The broker's commission shall be disbursed at the time of the disbursement of the
proceeds.
S. ATTORNEY FEES AND COSTS: In connection with any litigation arising our of the contract. the prevailing
party shall be entitled to recover all costs incurred. including reasonable attorneys fees.
T. CONTRACT NOT RECORDABLE. This contract shall not be recorded in the public records of any county.
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WPID\ES\SITF.\JANKEPOL.QE
..\DDE~DL\1 TO REAL EST.HE SALE A~D PLRCH,.\SE CO~TRKT
DET\\'EE='J \\'..\L TER II. H.-liKE .-U\:D SCHOOl. BOARD OF PAL\\
DEAn I COL~T\', FLORID..\
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I:l L\), This Real Estate Sill~ illld PlJrCh,lSll Contract is subject to and conditiOllt'd ::pO!:
thl' 1l1J:;cr obtaining the following:
l. ,\rprovill of this Heal Estate Sale ilnd PlJrch~ Contraet hy the S"!lOol Ilodrt! 'If
1'1 /}
Palm nl'.1l'h COllOty on or befort~ i'\ovemhr'r~, 1987;
2. i\pproval of this [~('nl E~;tate Sale and Purchase Contract by the Dt'Pilrtl:h~nt n;'
Education of the State of Florida on or before !\:ovember :JO, 1987;1')
3. An appraisal of the real property on or before ro.:ovember~ 1'~, which apprais::;
must reflect the purchase price of not less than S I ,000,000.00;
4. Buyer obtaining, on or before the date of closing, a zoning variance permitl!ll~
the Buyer' to use the real property hereinabove described for a publlc school.
5. ^ soli test, on or before October 31, 1987, reflecting the property is satisfactory
for the Buyer's intended use (public school).
If the conditions above described are not met in accordance with the dates reflect.'/!
for each, then the Buyer may terminate this Real Estate Sale and Purchase Contract
wherein all deposits deposited hereunder shall be returned to the Buyer and thereupon all
parties hereto shall be relieved of all obligations and liabilities thereunder, or the IlIJ~H
may proceed with the closing and thereby waIving all of the above conditions.
(O). The Seller has advised the Ouyer that it has received an extensioll of ll:.'
Seller's present zoning (residential) pursuant to the Minutes of the Regular City
Commission Meeting of the City of Boynton Beach of July 21, 1987, a copy of which is
attached hereto as Exhibit "A". This extension of zoning expires on or about ~ilnuarl~ ,:1.
1988, Therefore. this Real Estate Sale and Purchase Contract is further subject to ancl
conditioned upon the Seller obtaining another extension of his existing zoning from the
City of Boynton Beach, extending the present zoning to June 30, 1988. The Buyer agr~es
to cooperate with the Sellcr in obtaining the extension of the Seller's existing zoning.
Therefore. if on or before December 31, 1987, the Seller cannot obtain a zoning exter,3io:l
from the City of Boynton Beach extllnding the existing zoning to June 3D, I !l88, the Seller
may terminate this Real Estate Sale and Purchase Contract, whereupon all monics
deposited hereunder shall be returned to the Buyer, this Real Estate Sale and Purchase
Contract shall be terminated and all parties shall be relieved of all liabilltles Me!
obllgations hereunder.
(C) Notwithstanding anything herein contained to the contrary, In the event the'
Seller docs not obtain an extension of his present zonIng on or before December 31, I !l87,
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the Buyer reserves the right to waive the condition contained In Paragraph 13(A)4 herein.
by providing written notice of waiver to Seller on or before December 31, 1987, and thl'
closing of this tran5ilction shall take place as provided for In Paragraph 4 of this Hl'ill
Estate Sale and Purchilse ContrnC't.
:.;p3!rORMS,:' IT
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zayle A. Bernstein, Esq., Suite 1500, One Financial
Pla~3, Ft. Lauderdale, Florida 33394
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~arrantp ~eeo
m~is ~1\~entltrl', Mad', litis 14th till} 0/ March . It.D II 79 .
~rthtrtn 8EEOI REALlY COMPANY LIMITED , . a1t[X1'CIitm
WII'.I,' IlIIda II~ kzws 0/ ti,e.. -'fIDCI{ Cayman lslands . MMng ill ptine",,' pIiJa of
tu.</IIe!.. ", Ilte~. C~\"1IIaIl lsl.mds ,.....J, C.. .. elf
all.f l'l..flJ/~\. IIUI""rUed 10 IrmtJ.1l1 In.uinns in II~ SllIlt of FfonJ", 1M"} D./IM fint pm. .""
WALTER H. JANKE. M.D., a married man,
1930 N. E. 41th St.. Suite 111
ft. Lau~erdale. Florida 33308
o/Ihe Counl} "/ Broward (If'" SlIIk 0/ Flodda
p.zrf y 0/ II~ second ptlrl "itnq.2f~:
77uJI SJ,z Mid Nl'ty of 1M ".", P<l"./~ """ ,,, cOf1Jidnation o{ tlt.e sum 0/
Ten ($10. 0) DollaS' and' other good and valuable considei'atioDs-----~
10 /1 in 'wuJ paid h} I/~ SI1iJ pa" yo/ lite stcond p"'" 1M rraipr wherftlf is hereb} ",lnowlalgttlluu K"IIIJU,
!>olrSillnrd alld JCIJ 10 ,he Mid po" Y oflhe st(Ond pa'" his hein 1Zn4 IZSSigns l"telJtt'. ,be fo1ltr.ing JDaiJ,d
land silua/t, /ytng and kill:; III lite Coullly o{ Palm Beach 4"" SI/I1.e of ~ lo-wiI:
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The W 1/2 9f the E 1/2 of the'NW 1/4 of the HE 1/4 and
the E 1/2 of the W 1/2 of the NW 1/4 of the HE 1/4 of
Section 1. Township 45 South. Range 43 East. Palm 8eoach
County. Florida. less t~p. North 40 feet thereof.
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SUBJECT TO restrictions. reservations. limitatioDs and
easements of record; to taxes for the ye&T 1979 and sub-
sequent years; to an existing mortgage in favor of James
A. Harland, Trustee, dated July 2. 1974. in the original
amount of $13.101.60. which grantee 'lerein assumes and
agrees to pay; to a purchase money mortgage of even date
herewith in favor of grantor.
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