LEGAL APPROVAL
MEETING MINUTES
REGULAR CITY COM"'h~SI,",j.J
BOYNTON BEACH, FLORIDA
MAY 6,1997
An unidentified woman from Boynton Bay said she uses the bus service every Saturday for
recreational purposes. She urged the Commissioners not to eliminate this service.
CommisSioner Jaskiewicz offered to contact this woman next week to discuss this situation with
her
Sonny Garcia. Vice President of the Rolling Green Association, requested City Manager
Willis presence at the next neighborhood association meeting to be held on May 15th at 7:00
p.m.
City Manager Willis advised that she will be out of town on that day, but will have a
representative present at the meeting. She asked Mr. Garcia to arrange an appointment with
her in her office to discuss the concerns of the residents in this neighborhood.
Mayor Taylor explained that the Commissioners frequently have several places to go in the
evenings and may not be able to attend every meeting, However, they are very interested in
what the associations are doing, and they want the associations to keep the invitations open. It
is hopeful that the new Neighborhood Specialist will be able to address the community's
concerns,
James Miriana. 72S NE SUI Avenue. addressed the Commissioners about the condition of
Gateway Boulevard. He recalled that a number of years ago, there were discussions about
improvements to be made to this road, but nothing has been done to date.
Mayor Taylor reported that Gateway Boulevard is currently out for design bids to be three-
laned. curbed. landscaped, lighted, and have sidewalks installed. This is a $750,000 County
project. This project will begin in the fall, and be completed next year.
WITH NO ONE ELSE WISHING TO SPEAK AT PUBLIC AUDIENCE, MAYOR TAYLOR
DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 8:30 P.M.
IX, DEVELOPMENT PLANS:
A.
Project:
Agent:
Owner:
Location:
Description:
Cool Care, Inc.
Alan M. Strassler, R.A.
Cool Care, Inc.
Eastern terminus of Thor Drive
SITE PLAN - Request for site plan approval to construct a
25,430 square foot manufacturing building on 4.42 acres of land,
Attorney Cherof administered the oath to all who would be testifying relative to this project.
Alan Strassler. Architect and aGent for this proiect. said this project was discussed at the
Planning and Development Board meeting, and he reviewed the staff report, and has no
disagreement with any of the conditions. This project will be south of Caloosa Park. Cool Care
is moving from Deerfield Beach and would like to be in operation by Labor Day.
.14
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MEETING MINUTES
REGULAR CITY CO~IlIII~~ION
BOYNTON BEACH, FLORIDA
MAY 6,1997
Tambri Heyden, Planning and Zoning Director. advised that the Planning and Development
Board unanimously approved this application with two changes. The first change is the deletion
of Comment #40, and the addition of a comment that deals with the building elevations. Staff
has no objection with either of those comments.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO
SPEAK ON THIS PROJECT,
Motion
Commissioner Jaskiewicz moved to approve the site plan request to construct a 25,430 square
foot manufacturing building on 4,42 acres .of land. Vice Mayor Titcomb seconded the motion,
Attorney Cherof confirmed with Commissioner Jaskiewicz that the motion incorporates Planning
and Development Board Comments 45 and 46, and deletes Comment #40,
The motion carried unanimously.
X. NEW BUSINESS:
A. Items for discussion requested by Mayor Jerry Taylor:
1. Appointment of Jim Reed as a voluntary representative to the Lake
Worth Lagoon Program Steering Committee.
Mayor Taylor reported that he was approached by Jim Reed, a member of the Lake Worth
Lagoon Program Steering Committee, who advised that Boynton Beach is not represented on
that Committee. If it is the Commission's desire, he would like to serve as the City's
representative.
Commissioner Jaskiewicz feels Mr. Reed has outstanding qualifications for this appointment.
Motion
Commissioner Jaskiewicz moved to approve the appointment of Jim Reed as a voluntary
representative to the Lake Worth Lagoon Program Steering Committee. Commissioner Tillman
seconded the motion.
Commissioner Bradley said this is a critical initiative that a number of municipalities around the
Lake Worth Lagoon are involved in. There was a resolution from one of the cities to gear up for
the stormwater utility mandates that will come into effect in 2001. Mr. Reed will be a wonderful
representative.
Vice Mayor Titcomb feels Jim Reed is an excellent person to do this, and he urged him to report
back to the Commission on a regular basis to keep the Commission abreast of these issues.
The motion carried unanimously.
15
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(be Palm Beach Post
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THURSDAY, JUNE 5, 1997
-
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Boynton will he new
Cool Care headquarters
The company plans to
build a plant on land
near Congress Avenue
and Woolbright Road.
By ANGIE FRANCALANCIA
Palm Beach Post Staff Writl1'
Cool Care Inc., a subsidiary of
Dole Food Co., will move its man-
ufacturing, engineering and sales
headquarters to 4.4 acres in Boyn-
ton Beach, the company an-
nounced Wednesday.
It will bring an additional 10 to
50 jobs to Palm Beach County
within a year.
The company, which bought
the land off Congress Avenue near
Woolbright Road, will construct a
25,OOO-square-foot manufacturing
plant, said Todd Kotas, director of
Economic Development for Boyn-
ton Beach.
"I expect they might be done
with construction in about six
--
,
months:~ Kotas said.
The company, which already .
employs 25, will make cooling
equipment for the produce and ~~
agricultural industry at the new I;'
location. It is moving from Deer- r
field Beach. t:
"We selected Palm Beach
County to build our new facility I
because we were able to find an I.
ideal location at a reasonable /
price," Michael Bianco, president ~.
of Cool Care, said in a statement. I.
"We also believe that our em- '.
ployees enjoy the South Florida ; ~
lifestyle, and that the county offers
a pool of potential employees who ,.
meet the experience and educa-
tional requirements for our com-
pany."
Cool Care is a leader in the
design and production of equip-
ment for refrigerating fresh fruit
and vegetables. Its primary prod- .
uct, the banana ripening room, was
created by Bianco 14 years ago. ~
~
.
..
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PREPARED BY AND RETURN TO:
Daryl B. Cramer. Esq.
Daryl B. Cramer. P.A.
One Clearlake Centre
250 Australian Avenue South. Suite 20 I
West Palm Beach. FI 33401
UNITY OF TITLE
In consideration of the issuance of a permit to COOL CARE, INC., a Florida corporation. for the construction
of warehouse/office space in the City of Boynton Beach. Florida. the Undersigned hereby agrees to restrict
the use of the following described land, situate. lying and being in Pal:n Beclch County, Florida. to-wit:
SEE LEGAL DESCRIPTION ATIACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT A.
in the following manner:
I. Said property shall be considered as one plot and parcel of land. and that no portion of said plot and
parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one
plot or parcel of land.
2. The Undersigned further agrees that this condition. restriction and limitation shall be deemed a
covenant running with the land, and shall remain in full force and effect. and be binding upon the
undersigned their heirs and assigns. Release of this Unity of Title must be approved by the
administrative head of the Boynton Beach Department of Development and ratified by the City
Commission.
3. The Undersigned further agrees to record this instrument in the Public Records of Palm Beach
County at its expense.
Signed, sealed. executed and acknowledged on this ':: ,/ day of May, 1997.
COOL CA,RE, INC., ~ Florida corporation
;. /.' -"
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Michael Bianco, President
....
k~ ,'V-e P-q"
(TypedlPrinted Name)
,. r::
S'f ATE OF F.LORIDA )
)
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this.L.:day of // /' / . 1997, by Michael
Bianco, as President of Cool Care. Inc.. a Florida Corporation. who is:
~ personally known to me; OR
_ has produced
as identification.
- ,'. ;. (. '
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:W~ My~__CC073400
* * Expn.Jun.'8,,88e
~ ~ Bonded by HAl
4". ,,~~ s00-4ZZ-,!5U
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Notary Public
Constance L. Tarby
Notary Typed Name
My Commission Expires:
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C IMAINlCLlENTSIA.( KOOLCARE\REALEST\UNrTV ~1>d
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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APPLICANT: Michael Bianco. President. Cool Care. Inc.
APPLICANT'S AGENT:
Alan M. .Strassler. R.A.
HEARING BEFORE CITY COMMISSION: Mav 6. 1997
TYPE OF RELIEF SOUGHT: Request for site plan approval to construct a 25.430
square foot manufacturino buildino on 4.42 acres of land. zoned Lioht Industrial (M-1 ).
LOCATION OF PROPERTY:
Eastern terminus of Thor Drive
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission
having considered the relief sought by the applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2.
The Appligant
...:L.. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The Appli98nt's application for relief is hereby
.J{GRANTED subject to the conditions marked as "include" in
Exhibit "c" hereto.
3
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
-- --~----~
--~~---------
6. Other:
DATED: Mav 6.1997
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MINUTES
PLANNING AND DEVE' p~ '~T BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 29, 1997
Motion
Mr. Aguila moved to approve only one more one year time extension to February 18.
1998 for the Tara Oaks project, subject to all staff comments. Mr. Reed seconded the
motion.
Vice Chairman Golden advised that he is going to vote against this project as he
consistently has.
The motion carried 4-3. Vice Chairman Golden and Messrs. Rosenstock and Wische
cast the dissenting votes.
B. Site Plans
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Cool Care, Inc.
Alan M. Strassler, R.A.
Cool Care, Inc.
Eastern terminus of Thor Drive
Request for approval to construct a 25,430
square foot manufacturing building on 4.42
acres of land.
Mr. Aguil~ questioned the parking in the easements. He also questioned if the
applicant will be able to put all the parking in Phase 2. With regard to staffs comment
regarding the dumpster, he felt the dumpster would work if it is turned about 15 degrees
to the north. Mr. Haag advised that the applicant will have to deal with the parking for
Phase 2 with Lake Worth Drainage District during Phase 2.
Mr. Strassler, architect, agreed with the staffs comment with regard to the dumpster.
He said a truck picking up from that dumpster would have difficulty maneuvering around
the ramp, so they are going to reorient the dumpster.
The Phase 2 parking is entirely within an FPL easement which is not being used. and
they will need approval from FPL to park there. Without that parking, Phase 2 will not
work.
He agreed with all the staff comments but wished to discuss a couple of points. With
regard to comment 34, the only roof mounted equipment is going to be the condensing
units for the air conditioning system on the ground in the side setback and that will be
4
MINUTES
PLANNING AND DEVE' )pr'. 'NT BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 29, 1997
screened as required by the Landscape Code. The owner may buy a paint spray booth
which may require a fan on the roof. If so, it will be screened.
With regard to comment 40, they will be using the eastern portion for dry retention. It
will be depressed, landscaped, and irrigated. However, the area to the south of the
property line will be unused, and he requested that they not be required to sod or
irrigate it.. They will not be using that until Phase 2 is built.
Mr. Aguila asked who will be responsible for the maintenance of that area.
Mr. Strassler advised that there is nothing there but dirt and Cool Care will be
responsible for maintaining it. However, he hoped they do not have to landscape it.
Mr. Aguila asked staff what they would want in lieu of their recommendation in comment
40. Mr. Haag would like a comment put on the landscape plan indicating the
maintenance responsibility and that the landscaping will be provided with Phase 2 so
that we know it will be left in its natural state to be maintained consistent with the Code.
Mr. Reed suggested xeriscaping this site so that irrigation would not be required.
Mr. Myott asked if the office versus the warehouse square footage conform to the
zoning requirements in terms of percentage of office versus the manufacturing area.
Mr. Haag advised that there is no specific code requirement for a certain amount of
square footage for office versus manufacturing. The code is based on principal use. If
the applicant's principal use is manufacturing, he can have as much square footage as
he needs.
With regard to the west elevation, Mr. Aguila noticed that the parapet steps down. He
asked if the roof slopes from east to west and if there is a continuous gutter.
Mr. Strassler answered affirmatively, except for the office. He stated that you cannot
see the building from the west side. Mr. Aguila pointed out that there is another
building on the west side. When you are in the parking lot of the building to the west.
you are going to see the first quarter of the section between the end of the office and
the warehouse. He would like the parapet to be raised continuously all the way around
and for the applicant to bring the overflow scuppers to a series of openings depending
on the area of the roof and the roof drain and down slot it down. He was not concerned
with the exposed down slots and gutters.
Seymour Krinsky owns 4000 Thor Drive. He believes the entrance to Cool Care goes
through an easement through his property. He uses this strip to park eight to ten cars a
day. There will be a lot of 18 wheelers bringing material in and out of Cool Care. He
asked who is going to maintain the street that goes through his easement.
5
MINUTES
PLANNING AND OEV[ JP 'NT BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 29,1997
Ms. Heyden advised that comment 38 requests a copy of the easement. Once that is
provided. we can determine whether or not there is language in the easement
agreement regarding dedication and maintenance. If it is silent with respect to
maintenance, the two parties will have to work it out and verify to the City that these
issues have been worked out.
Mr. Strassler advised that a sewer line and a water line have to be installed; therefore,
there may be some reconstruction in that area.
Motion
Mr. Aguila moved to approve the new site plan for Cool Care, Inc., Phase 1, sUbject to
all staff comments, exclusive of comment 40, and subject to the entire parapet on the
west side being raised to match the height of the parapets on the rest of the building.
Mr. Rosenstock did not understand the logic of the entire parapet on the west side
being raised to match the height of the parapets on the rest of the building. Mr. Aguila
explained that this will help hide whatever may end up on the roof.
Vice Chairman Golden did not agree with the recommendation regarding the parapet;
however, he seconded the motion.
Mr. Aguila clarified for Mr. Wische that his comment with regard to the parapet is a
recommendation only and pertains to aesthetics. Mr. Wische pointed out that if the
applicant puts anything on the roof, he has to shield it anyway.
The motion carried 7-0.
At this time, Mr. Rosenstock left the meeting.
C. Other
None.
8. COMMENTS BY MEMBERS
Mr. Aguila questioned the piles of dirt being generated from the C-1 parcel near the L29
Canal and Congress Avenue.
Chairman Dube advised that Mayor Taylor has been working on this. It is County
property and the City is trying to annex it.
6
-...-"-----.. ---------_.__._"....~- --~--
MINUTes
PLANNING AND DEVf'- "PP-NT BOARD MEETING
BOYNTON BEACH, FLORIDI"l
APRIL 29, 1997
Mayor Taylor advised that the owner is demucking the land so that he can sell it, and
he is giving the muck away to anybody who wants it.
Chairman Oube explained that this meeting was called tonight to expedite the Cool
Care project so that we do not lose it to Deerfield Beach. Mayor Taylor added that it
would have cost the applicant money to extend his lease in Oeerfjeld Beach.
9. ADJOURNMENT
There being no further business to come before the board. the meeting was adjourned
at 7:50 p.m.
~~
Eve Eubanks
Recording 3ecretary
(One Tape)
7
.-.------------ ----~-------
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Ceal C~
f,JW.5 r
JARYL B. CRAMERt P. ri..
ATTORNEY AT LAW
9J-d-O/D
ONE ClEARLAKE CENTRE
250 AUSTRALIAN AVENUE SoUTH. SUITE 201
WEST PALM BEACH. FLORIDA 33401-5010
TEL 561-659-7005
FAX 561-659-0701
MIAMI OffiCE
TEL 305-667-0046
~ 3O~67.3071
10) u: rnn IH ~
lJl] .. 3 0 I99l ~
BUILDING DIVISION
May 28, 1997
Mr. Michael Haag
Department of Development
Building Division
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
Re: Cool Care, Inc. - Site Development
_ __-.--------::--~t
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Dear Mr. Haag:
Pursuant to your request, enclosed please find an original receipt from the Clerk of the
Circuit Court of Palm Beach County evidencing recording of a Unity of Title, along with a copy of
the Unity of Title Document which was recorded. Also enclosed is a copy of the easement over the
property adjacent to the subject property.
In the event you have any questions, please do not hesitate to contact me.
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Enclosure
cc: Mr. Michael Bianco
Mr. Alan Strassler
C:IMAIN\a.lENTS\A.cICOO~CARE\CORRESNdHS.28. 91. wpd
PREPARED BY AND RETURN TO:
Daryl B. Cramer, Esq.
Daryl B. Cramer, P.A.
One Clearlake Centre
250 Australian Avenue South, Suite 201
West Palm Beach, Fl33401
In Re: Cool Care. Inc.
UNITY OF TITLE
Recording Fee (3 pages)
(including 1 legal description)
TOTAL:
C:\MAlN\CUENnIA-clCOOLCA1lEIDOCUMENTSIRECORDIN.DOC
RECEIPT
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97- ,}-OlD
CLERK OF THE CIRCUIT COURT
P. O. BOX 4177
WEST PALM BEACH FL 33402
PLEASE RETAIN THIS RECEIPT , THANK YOU
CFN DOC-TYPE ORBK-PAGE AMOL~
97-188222 UT 9813-1557 $15.60
RECORDING DATE MAY-28-1997 TIME 02:36pm
REGISTER: KAG 97148-0600
PRESENTED BY: CRAMER, DARYL B
RECORDING
AOCTiiAi'T
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$11:\ nil
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$.6U
--------------
--------------
TOTAL FEES DUE
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AMOUNT TENDERED
$15.60
$15.60
$15.60
--------------
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Prepared by cux1 mt:um to:
l'"lb:mas E. BI:aIld:t, Esq.
~ 315 S. E. 7th st. - SUite 200
.--r '1!1e .!ldvcc::ate BuUdinq
Ft. T:.audcdale, Fl 33301
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ClI&OT ". USDmIIT
SU'lS fa FLORIDA
ClOUJIlY 0' laH UACIl
THIS lNDENTIlllE ..de and entered iato on this .1L., day of
.August, 1984, by and between A. CLYDE WORRELL and KARCARET J. WOlUlELL,
'bis wife of the County'of Pal. Beach and State of Florida, Grantorl;
aod GEORGE A. VON ESSEN and THOMAS E. BRANDT, of the County Pal.. Beach,
and State of .Florida, Graatee;
WHEREAS, the Grantora are seized in' fee simple and on po..elsion
of lands lying in Section 5, TOVDShJp 46 SOUTH, Range 43 EAST, and
that particular pOrtion of it deac.,bed below, and
WHEREAS, Grantee is leized in fee simple of s parcel
contiguous to the land of Grantora, and
WHEREAS, Grantors have cooveyed other lots 'and
~o tbe land OWDer by Grantors, aod
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WHEREAS, Graators have agreed in consideratioo of the
Dollars and other good and valuable consideration to grant to
and all other persons claiming by, through or under Grantors, or
either oi them, their predecessors in titl~, or their heirs, assigns
or legal representatiVes by virtue of aoy deeds of conveyances
descri bing land If ..''':d in Section' 5, TOVDSh1p 46 SOUTH, Range 43 EAST,
an easement or right of way over tbe land described below, for the
purposes snd in the matter expressed below;
NOW, THIS INDENTURE WITNESSETH:
That, in pursuance of this agreement and in consideration,
of the sum of Tea Dollars and other good valuable considerstion, receipt
of which ia acknowledged, Grantors grant unto Grantees, their heirs
and assigns, to all other likely situated as above d~scribed, and their
heirs and assigns;
Full and free right ~f liberty for them an~ their tenants,
servants, visitors and licensees, in common with all persons having
the like right, at all times .hcreafter, f,)r all purposes connected "":\th
.he use and enjoyment of the land of the Grantee and those Uk..ly
Documl:ntary Tax rei $
. 'I {"""
$ Intangible Tax Pd.
Clerk, r.~l~l ye,~'h tAou ty, Florida
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.ituated for whatever purpose tbe laDd fro. tfme to tf.. lawful 1, ..,
be USed oond eajoy" , to paa. and repaa. along the provided road_, or
roadways more particularly described aa follows:
An ~sement 25.0 feet fn width. for IDgr~ss &ad Eg~es~, ly10&
in the Horthea,t Quert&r (K.E. 1/4) of the Southwe~t Quarter
(S.W. ./4) of Section S. ~OWDahip 46 South. Range 43 &aat.
rub1ic Recorda of Palm Beach Count" Florida. Easeaeat befng
more particularl, described aa follows:
The South 25.00 feet of the Kortb 144.00 feet as meaaured at
rights angles of the East 198.21 feet of tbe west 479.79 feet aa
measured at rights angles of said Northeaat Quarter (N:E. 1/4)
of Southwest Quarter (S.W. 1/4) of Section S, Township 46 So .
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'ro HAVE"~80LD the easment ..;: 'rlgbt--of- ;;ay l;;;.;;~:; g:'::::t~d\. C" 1 .., '-. '. -
unto Graotee, their heirs and assigns and those likel, .ituated as .
Range 4i East.
described above, and their hetrs and aasigns, aa appurtenant to the
land'of the Grantee and those likle, situated and .every part of tt.
It fa understood that the ea&e..nt is given upon the express
understanding and condition that it aay be used by Grantors, their
.heiTs, ~ecutora, arlmin1atratora and assigos in conjunction with the
us. of Graatee, their heirs and a.signa and others likely situated and
. their heirs aod assigna.
It ia furthur understood that Grantors, their befrs, assigns and
tenants io no way vill be bound to Improve. malotaio or coostruct a
'roadway or to keep it in repair; nor do Gra~tor.. their heir. aod
P.\GE 2
a..i8D8 ..su.. any IiabIity or reapou8loiIity to Grantee, t\~ir heir. and
a..igaa, other likely situated, their heirs and sssigns, or r.ny person
usin8 the land by invitation, expreased of i.plied, or by rea SOD of sn,
bU.~De8s conducted with Grantees, thetr heirs and assi~us, or otherwise.
IN WITNESS WHEREOF, Grantors have set their bauds and seal. or
the day and year first above writted.
DaUvered
tne.ses:
STI\TE OF Fftf'...,..t,
COUNTY OF f...t,... i.!. e-c c.~
I HEREBY CERTIFY that On tltis day before _, au ofUcer duly
qualified to take s.ckDowledgements persnnally appeared ..a t:./""i/, u."'-1-1e"
and 11...<<-..,..'t -:>. (1",.......,1' to me known. to the pera_~n__d.!.!.'=E~~_.!!'._!n~_~O
executed'the foregoin8 instrument and acknowledged before me that T~~,J
executed the .a.e. '
WITNESS n1 hand and officsl seal in tbe County and Stste last
aforesaid this 15"' day of A-J<,r'.u~ 19~.
My ComMission expires:
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