CORRESPONDENCE
JUN-16-1997 17:17
DRRYL B. CRAMER, P.A.
r .RYL B. CRAMER, P. J.
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551 559 7005 P.02/05
MIAMI OFFICE
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^!TORNEY AT LAW
ONE CL'-'RLAI(~ CENTItE
250 AUSTRAL....N AVENUE ~, SU1T~ 201
WES'T PALM BEACH, FI,ORI~ 33401,5010
Tel 561-659-1005
we 561-659.Q7Ql
June 16, 1997
Ms. Vanessa L.
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
VIA FACSIMILE 561/375-6259
Re: Cool Care, Inc. - Permit No. 972010
Dear Vanessa:
Pursuant to my phone conference with Mike Haag this afternoon, I am enclosing a copy of
a Unity of Title regarding the above described project which was recorded on May 28, 1997. Also
enclosed is a copy of the receipt from the Clerk of the Court evidencing the filing.
In the event you need the original Unity of Title document, please let me know.
vy;t;L
Daryl B. Cramer
DBC/rk
Enclosures
cc; Michael Bianco
{"'1AlN\CLIEN'nI(;.N<Io5!ON\OOf<I(P.$I'\\V., I r., 97, "I'd
J~ ...rlYL B. CRAMERt P. rL.
AlTORNEY AT LAW
9J-dO/D
ONE ClEARLAKE CENTRE
250 AUSTRALIAN AVENUE SoUTH. SUITE 201
WEST PALM BEACH. FIDRJDA 33401-5010
TEL 561-659-7005
FAX 561-659-0701
MIAMI OFFICE
TEL 3O~7-0046
FAX 305-667-3071
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lJl1 MAY 3 0 I9!Jl ~
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
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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 ofa 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:\MAIN\CLlENTS\A-aCOOLCARElCORRESJ>.MHS,28, 97, 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, FI 33401
In Re: Cool Care. Inc.
UNITY OF TITLE
Recording Fee (3 pages)
(including 1 legal description)
TOTAL:
C:\MI\IN\CUENrSIA.c.cOOLCAREIDOCUMENTSIRECORDIN.DOC
RECEIPT
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$15.60)
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97- ,}-O)O
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-2B-1997 TIME 02:36pm
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97148-0600
CRAMER, DARYL B
RECORDING
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$15.00
$.60
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TOTAL FEES DUE
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AMOUNT TENDERED
$15.60
$15.60
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$15.60
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PREPARED BY AND RETURN TO:
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Daryl B. Cramer, Esq.
Daryl B. Cramer, P.A.
One Clearlake Centre
250 Australian Avenue South, Suite 201
West Palm Beach, FI 33401
UNITY OF TITLE
In consideration of the issuance ofa penn it to COOL CARE, INC., a Flo~da 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 Palm Beach County, Florida, to-wit:
SEE LEGAL DESCRIPTION A ITACHED 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 CARE, INC., a Florida corporation
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By:" ;( ~/'. ' 'L;' ,.; :,/,~ ....1_<,. '
Michael Bianco, President
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(Typed/Printed Name)
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STATE OF FLORIDA )
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COUNTY OF PALM BEACH )
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The foregoing instrument was acknowledged before me this.) /J~y of /F.j; I , 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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Notary Public
Constance L. Tarby
Notary Typed Name
My Commission Expires: T~:.,.,:: /;/! '/ i'i
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Prepm:ed by and return to:
/"l'bc.mas E. Bmndt, ~.
:::l1I' 315 S. E. 7th. st. - SUite 200
~ 'tt1e lldvocate eu.ildinq
Ft. JAUdexdale, Fl 33301
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CXRIIIIY OF l'M.lI BUal
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THIS INDENTURE made and entered into on this ~, day of
,August, 1984, by and between A. CLYDE WORRELL and MARCARET J. WORRELL,
,his wife of the County'of Palm Beach and State of Florida, Crantor.;
CD
and GEORGE A. VON ESSEN and TROMAS E. BRANDT, of the County Palm Beach,
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and State of Plorida, Grantee;
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WHEREAS, the Grantora are seized in'fee simple ano on po....sion
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of 1~nd6 lyin~ in Section S, Towoship 46 SOUTH, Range 43 EAST, and
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that particular ,pOrtion of 1t desc.,bed below, and
WHEREAS, Crantee 1s seized 1n fee simple of a parcel of land
coot1guous to the land of Graotora, and
WHEREAS, Grantors have conveyed other lots and parcels cont1guous
~o tho land owner by Grantors, aod
WHEREAS" Graators have agreed in coua1deru1on of the sum of Ten
Dollars and other good and valuable considerat1on to grant to ~cantee
and all other persoos claiming by, through or under Grantors, or
either or them, their predecessors 10 t1tl~"or the1r he1rs, assigns
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or legal representat1ves by v1rtue of any deeds of conveysnce.
descdbing land lr..~ 1n Section'S, Towoship 46 SOUTH, Range 43 EAST,
an easement or r1ght of way over the land descr1bed below, for the
purposes and 1n the matter expressed below;
NOW. THIS INDENTURE WITNESSETH:
That, in pursuance of this agreement and 1n consideration,
of the sum of Ten Dollars and other good valuable consideration, receipt
of which 1s acknowledged, Grantors grant unto Graatee., their heirs
and assigns, to all other 11kely s1tuated as above d~scribed, and their
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he1rs and ass1gos;
Full aod free r1ght rf liberty for them an~ their tenants,
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servants, visitors and licensees, in common with all persoos having
the like dght. at all times ,hereafter, !"r 411 purposes connected ...hh
he use and. enjoYlllel1t of tbe land of the (;rantee and those 11 kel y
Documentary Tal< rcl $
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.ituated for whatever purpose the laud from time to time lawfully ..y
be U!led ..ad enjoyed, to pas. aad repa.s slong the provided roadway or
roadways more particularly described .s follows:
An ~semeat 25.0 feet la width, for Iagres. .Dd E8~es., lylo&
ia the Horthea~t Quart&r (H.E. 1/4) of the Southwe~t Quarter
(S.W. '/4) of Section 5, ~oWD.hip 46 South, Range 43 East.
rublic Record. of Palm Beach County, Florida. Easeaent beiag
more particularly described as follows:
The South 25.00 feet of the Horth 144.00 feet as messured at
rights angles of the East 198.21 feet of the West 479.79 feet as
messured at rights angles of said Northeast Quarter (H:E. 1/4)
of Southwest Quarter (S.W. 1/4) of Section 5, Township 46 South,
Range 4j East.
'TU HAVI!'AND""'T(JllOLO the 8ssment cor 'dght--of- ;;ay l;;;rcby c;r~::t~d
unto Grantee, their heirs aad assigas .nd those likely .ituated as
described above, aad their hetrs and ...ign., .s appurtenant to the
Iand'of the Grantee snd those likley situated and every part of It.
It is understood that the easement is given upon the express
uaaerstandlft8 snd condition that it may be used by Crantors. their
,beiTs, ~ecutors. arlmln1strators aad assigas in conjunction with the
use of Graatee, their heirs and assigns and others likely situated and
,their heirs aad assignS.
It is furthur understood that Graators. their heira, s..igns aad
tenaats In no way wii1 be bound to Improve, malatala or construct a
'roadway or to keep it in repair; nor do Gra~tors. cheir heirs aad
P.\GE 2
a.s18ns ..sume .ny Iiablity or reEponaloillty to Grantee, their heir. and
..aigns, other likely situated, their heira and s.aign., or rony per.on
using the land by invitation, expressed of implied, or by reason of sny
bus~ne.6 conducted with Grantees, thetr heirs and a.si~ns, or otherwise.
IN WITNESS WHEREOF, Grantora have set their hands and .ea1a or
the day and year first above writted.
DeU vered
tnesses:
STi\TE OF F/e>...,J,
COUNTY OF ,,,,,lM iJ, e< c.~
I HEREBY CERTIFY that on t~is day before me, an officer duly
quall tied to take 8:ckilovledgeDlent8 per.ouaIly appeared .a. crv",. lke><1" ~ ' I
and Hot.. ..,..,.. '"S. UJ"'~...cr" to _ knOWl1 to the pers_~n_.E.!~~~~..!.,:,_!n~_~ho
execu'ted' the foregoing instru_nt and acknowledged before IDl! tbat Tt....,'
executed the salDe. '
WITNESS ny hand snd offical seal in tbe County and State last
aforesaid this 15"' day of .4'<,1'''0''' 19.b.:1.
My commission expires:
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A'REPARED BY AND RETURN TO:
DAR YL B. CRAMER, ESQ.
, DARYl. B. CRA.MER, P.A.
NORTHBRIDGE CENTRE
515 NORTH FLAGLER DRIVE, SUITE 910
WEST PALM BEACH, FLORIDA 33401
Property Control No.: 08-43-46-05-00-000-7110
L
PLANNING AND
lOI~ I!~G DEPT.
EASEMENT
THIS INDEN11JRE made this ~ day of December, 1997, by Cool Care, Inc. a corporation
existing under the laws of the State of Florida, and having its principal place of business at 4020
Thor Drive. Boynton Beach, FL 33426, first party, to the City of Boynton Beach, a political
subdivision of the State of Florida, second party:
(Wherever used herein, the terms, "rJrSl party" and .second party" sh:ll1 include
singular and pluraJ, ht:irs, legal representatives and &~sjsns of individuals and the
successors and assigns of corporations, wherever the context so admits or requires,)
WITNESSETH
WHEREAS, the first paIty is the owner of property situate in Palm Beach County, Florida,
and described as follows:
See legal description attached hereto as Exhibit" A"
and.
WHEREAS, the second party desires an easement for water and sewer utilities and/or other
appropriate purposes incidental thereto, on, over and across said property,
and,
WHEREAS, the first party is willing to grant such an casement,
NOW. THEREFORE, for and in consideration of the mutual covenants each to the other
running and ten dollars ($10.00) and other good and valuable considerations, the first party does
hereby grant unto the party of the second part, its successors and assigns, full and free riibt and
authority to construct, maintain, repair, im.1:all and rebuild facilities for above stated purposes und
does hereby grant a perpetual easement on, over and across the above described property for said
purposes,
Provided, the easement granted hereunder shall be non-excJusive and rust party shall be
entitled to use any and all portions of said property for its intended purposes; provided, however, the
DEC-22-1997 14:24
561 659 7005
95%
P.02
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,B 10181 Pg 380
first party shall not use said property in any manner or for any purpose that will interfere or conflict
with thc use of the same by the second party for the purposes described herein.
IN WITNESS WHEREOF. the first party has caused these presents to be executed by its duly
authorized officer the day and year first above written.
[Print Name]
(2) \~~:9/
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[Print Name]
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ident
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
(1(1
The foregoing instrument was acknowledged before me this ~ day of December. t 997> by
Michael Bianco as President of Cool Care, Inc., a Florida corporation, who is:
personally known to me, OR
t../" - 3480
has produced {i,DrL {J;C;20~AOS2 as ldentification
(NOTARY STAMP)
(I _"Woad
. ttI cell""" 'CC141434 EXPIRES
~,' Apd 22. 2000
IClIIlID 1IIIIlIIW fAlllI8UIWIZ.lIC.
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DEC-22-1997 14:24
561 659 7005
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Description Sketch For: ORB 10181 Pg ,3 81
Cool Care, Inc., A Florida Corporation
LEGAL DESCRIPTION:
A water main easement of 6.0 and 12 foot widths being a portion of the following described
parcels of land:
Parcel A
All that part of the North 393.0 feet of the Northeast Quarter (NE%) of the Southwest Quarter
(SW%) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, lying
West of the West right of way line of the Seaboard Coastline Railway, less the North 90 feet
thereof, as measured at right angles, less the West 479.79 feet thereof, as measured at right
angles, and less the East 190 feet thereof, as measured at right angles to the said West right
of way line of the Seaboard coastline Railway.
Parcel B
An 80 foct wide parcel of land in the North 393 feet of the Southwest Quarter (SW%) of
Section 5, Township 46 South, Range 43 East, lying West of and adjacent to the 110 foot wide
Florida Power and Light Company easements recorded in Official Records Book 602, at Page
623, Public Records of Palm Beach County, Florida. The 80 foot wide parcel begins at a line
393 feet South of, a'nd parallel to, the East-West Quarter line of Section 5, and ends at a line
90 feet South of, and parallel to, the East-West Quarter line of Section 5.
Parcel C
The East 110.0 feet, as measured at right angles to the West right of way line of the Seaboard
Coastline Railway, of the North 1023.0 feet of that part of the Northeast Quarter (NE%) of the
Southwest Quarter (SW%) of Section 5, Township 46 South, Range 43 East, Palm Beach
County, Florida, lying West of the West right of way line of the Seaboard Coastline Railway,
less the North 90 feet thereof, as measured at right angles, and less the South 150 feet
thereof, as measured at right angles.
The centerline of said easement being more particularly described as follows:
Commence at the Northwest Comer of aforementioned Parcel A; thence S 000 441 34" E along
the West line of said Parcel A (the West line of said Parcel A is assumed to bear S 000 44' 34"
E and all other bearings are relative thereto) a distance of 20.59 feet to the POINT OF
BEGINNING of the centerline of the following described 12 foot wide water main easement;
thence departing said West line, N 86016' 16" E a distance of 9.01 feet to reference point
"A"; thence continue N 860 16' 16" E a distance of 135.32 feet to a point; thence S 880 17' 45"
E a distance of 114.74 feet to reference point "B"; thence continue S 880 17' 45" E a
distance of 188.69 feet to a point; thence S 730 11147" E a distance of 40.32 feet to a point on
the East line of said Parcel C, said point being 50.38 feet Southerly of as measured along the
said East line, of the Northeast comer of said Parcel C, said point also being the POINT OF
TERMINUS.
Thence begin anew at the aforementioned reference point" A" for the POINT OF
BEGINNING of the following described centerline of a 6 foot wide water main easement;
thence S 000 441 34" E, 9.0 feet Easterly of and parallel to the West line of said Parcel A, a
distance of 55.85 feet to the POINT OF TERMINUS.
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OFFICE 12c SHEET I Or :3
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Thence begin anew at said reference point "B" for the POINT OF BEGINNING of the
following described centerline of a 12 foot wide water main easement; thence S 010 42' 15" W
a distance of 93.57 feet to a point 6.0 feet Westerly of the East line of said Parcel A; thence S
17039' 52" W, 6.0 feet Westerly of and parallel with said East line, a distance of 198.05 feet to
the POINT OF TERMINUS.
Said 12 foot wide water main easement bounded as follows:
On the West, by the West line of said Parcel A passing through the POINT OF BEGINNING;
on the South, by the South line of said Parcel A passing through the POINT OF TERMINUS;
on the East, by the East line of said Parcel C passing through the POINT OF TERMINUS.
NOTES:
1. No title policy or commitment affecting title or boundary to the subject property has
been provided. It is possible there are deeds and easements, recorded or unrecorded,
which could affect the subject property. No search of the Public Records has been
made by this office.
2. This plat is not valid unless sealed with an embossed surveyor's seal.
3. This sketch cannot be transferred or assigned without the specific written permission of
Wallace Surveying Corporation.
4. This is not a survey I
CERTIFICATION:
I HEREBY CERTIFY that the description sketch shown hereon meets the Minimum Technical
Standards set forth by the Florida Board of Land Surveyor's pursuant to Section 472.027,
Florida Statutes, and adopted in Chapter 61G17-6, Florida Administrative Code, effective
September 1, 1981.
ce
Land Surveyor
'ficate No. 3357
96-1415
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DOROTHY H. WILKEN, CLERK PB COUNTY, FL
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'Boynton fJJeadr., 110ritla 33425-0310
City 9Ia1l: (407) 375..(j()()()
~JlX: (407) 375-6090
March 26, 1997
Mr. Dan Weisberg, Senior Engineer
Palm Beach County Traffic Division
Department of Engineering and Public Works
P.O. Box 21229
West Palm Beach, Florida 33416
Re:
Traffic Study:
Cool Care, Inc.
Thor Drive
File No. NWSP 97-008
The enclosed traffic study for the proposed Cool Care, Inc. site dated March 21, 1997, prepared
by David Plummer and Associates, Inc., was received by the Planning and Zoning Department
recently for the above referenced application. Please review the enclosed information for
conformance with the County's Traffic Performance Standard Ordinance.
If you have questions regarding this matter, please call me at (561) 375-6260, otherwise please
send me your written comments/approval to the above address, with a copy of your written
response to Al Newbold, Acting Development Department Director also at the same address.
Sincerely,
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Tambri J. Heyden, AICpc/
Planning and Zoning Director
TJH:bme
cc: Al Newbold, Acting Development Department Director
w/attachment
Central File
5:\ Iprojectslcoolcarellraffic,wpd
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.....
COOL CARE, INC
March 21, 1997
Mike Haag
Department of Planning and Zoning
100 East Boynton Beach Blvd
Boynton Beach, Florida 33435
Dear Mr. Haag,
Cool Care, Inc. manufactures some components for our ripening rooms and assembles trailer
mounted refrigeration equipment. The manufacturing process are as follows:
1. Maching in a small machine shop
- Drilling - Drill press
- Maching - Small manual metal lathe
- Cutting - Horizontal & Vertical band saw
- Shearing - Iron worker for cutting steel angle
Bending - 5' sheet metal brake
2, Welding & Grinding - Arc welding steel angle & grinding the welds
3. Painting - We are planning to build a 6' X 10' paint booth for painting steel
angle with acrylic enamel paint.
4, Assembly of refrigeration components - Assembly involves mounting compressors,
evaporators and generators on trailers, wiring & making refrigeration connections
and testing.
If you require more information on our manufacturing processes, please don't hesitate
to contact Mike Bianco or myself.
Very Truly Yours,
;Zt- / tL;LL ~j
Robert Windecker
An Affiliate of
Dole Food Company, Inc,
601 N.W. 12th Avenue
Deerfield Beach, Florida 33442
Telephone: (954) 698-0067 · Telefax: (954) 698-0207