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LEGAL APPROVAL ~,. MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 something the majority of the Commission felt should be brought to her attention. No sanctions are intended. IV. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Rd. extended, southeast corner ABANDONMENT: Request for the abandonment of an 80 ft. wide collector road (Citrus Glen Dr.) Description: B. Project Name: Agent: Owner: Location: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Rd. extended, southeast corner ABANDONMENT: Request for abandon- ment of 60 ft. wide local street (Citrus Avenue) Description: DEVELOPMENT PLAN B. Project Name: Agent: Owner: Location: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the expansion of the private security system Description: A. Citrus Glen Planned Unit Development - Master Plan Modification - (Listed on Supplemental Agenda) The Commission chose to address all four of these requests on Citrus Glen, rather than discuss them separately at dif- ferent points throughout the meeting. Jim Golden, Senior Planner explained both the Planning and Zoning Board and staff recommend approval of the abandonment of Citrus Ave. The Planning Dept. recommends the Commission make a finding of no substantial change for the Master Plan modification and that this be forwarded to the Planning and Zoning Board for final resolution. 11 " II I J MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 with regard to Citrus Glen Drive, staff recommends this road not be abandoned as it would be inconsistent with stated policy in the 1986 Compo Plan Evaluation and Appraisal Report and would not be desirable from a public service standpoint, concerning the provision of emergency services. The Planning and Zoning Board has recommended this request be approved. Regarding the site plan modification for the expanded security system, approval is contingent upon the abandonment of Citrus Glen Drive, as the Subdivision Regulations prohi- bit guardhouses within public right-of-ways. The Planning and Zoning Board recommends approval of the site plan modi- fication. Mr. Golden stated if the Commission choses to approve these requests, it is recommended they be approved, subject to staff comments where necessary. Discussion took place. If the people in this community want a private street and it is allowable, Commissioner Hester could see nothing wrong with it. Commissioner Wische asked Mr. Golden about the Police and Fire Dept. access. He asked about a system being devised whereby they would not be impeded from getting into the road. Mr. Golden believed the desire of those departments was to keep it open but they could live with a security system as long as the system met the City's specifications. Interim City Manager Hunt commented there are currently two developments in the City that have one entrance with a security gate. The City has devised a set of criteria for the installation of such a gate that allows dispatch to have automatic control over it and it also allows for automatic opening of it during a power outage. Commissioner Weiner had no problem with the residents wanting a private road and security. She had hoped we could try to reach a compromise which would give them a private road and give the Police and Fire Depts. the access they need. Mr. Delfin Menendez explained the Commission had previously rendered approval for another section of the project. The southern part of the project has been left without security. Mr. Felix Granados, Jr. General Partner of Citrus Glen wished to clarify a few facts. He made remarks about the history of the project and stated he has been trying from the beginning to provide security to Citrus Glen. He explained the reasons why the residents need the private 12 ---_.__._------'-,._------------~----~-- It I i --- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 road and security system. Comments were made about traffic flow and crime. Commissioner Weiner asked what separates Citrus Park from Citrus Glen? Mr. Granados responded the houses back up to each other. In the future, they will be putting a fence through to separate. Emergency access is being provided there and Mr. Menendez referred to an agreement that part of the condition for approval of Citrus Park would be the emergency connection. This would also be used as a pedestrian walk to the school. There will be a 20' easement with pavers where grass grows in between. It will look like a landscaped street between the two developments. Mr. Granados stated this road does not need to be public. Miner road is right next to it and he elaborated. He referred to page 193 of the 1986 Land Use Plan. He explained how two sentences were taken out of context in his opinion. He feels they are consistent with the 1986 Plan and the new Plan. Mr. Granados distributed a copy of a letter from Lieutenant Hammack who helped him design the system. The letter endorsed this design and stated it would deter crime. Access is to be provided to emergency vehicles. The road is there, but they would like to be able to control traffic that they feel does not belong there. Mr. Granados stated there is no public opposition to these requests. He produced 100 signatures on Petitions, signed by homeowners in support of the requests. Mr. Roger Saberson representing Boynton Nurseries commented that Mr. Granados had indicated they are agreeable to the emergency access between the two projects of Citrus Park and Citrus Glen. Later on the Agenda, one of the conditions for their project is that there be access between the two pro- jects. He would request that that also be a condition for this proposal so there would be reciprocal conditions. Mayor Moore stated they were agreeing to that. Mayor Moore asked if there was anyone present who wished to speak in support of or in opposition to the requests? There was no response from the audience. The Vice Mayor stated there had been discussion about the agreement to a single homeowners association. He wanted to know if this was still agreed to? Mr. Granados responded affirmatively. 13 - -,.._~--~_..__.._'---~.__.__._-- II :1 I MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Motions Vice Mayor Olenik moved that the abandonment of Drive be approved, subject to staff comments as comment about a single homeowners association. Hester seconded the motion which carried 4-0. abstained. Citrus Glen well as the Commissioner Mayor Moore Commissioner Hester moved to approve the abandonment of Citrus Avenue. Commissioner Wische seconded the motion which carried 4-0. Mayor Moore abstained. A color rendering of the guardhouse was viewed. Vice Mayor Olenik moved that the site plan modification for Citrus Glen with the addition of the guardhouse be approved. Commissioner Hester seconded the motion which carried 4-0. Mayor Moore abstained. Vice Mayor Olenik moved for the approval of the Master Plan Modification for Citrus Glen Planned Unit Development on the recommendation of no substantial change. Commissioner Hester seconded the motion which carried 4-0. Mayor Moore abstained. Memorandum of Voting Conflict is on file in the Office of the City Clerk, in connection with the Mayor's absention on these motions. Mayor Moore called a brief recess at 7:15 P.M. The meeting resumed at 7:25 P.M. V. PUBLIC AUDIENCE A. Presentation of Certificates to Boynton Beach Little League Girls Softball Team. Wilfred Hawkins, Acting Assistant to the City Manager/Ombudsman explained this is the first girls softball team from Boynton Beach to make it to a major State softball competition tournament. The team took third place and congratulations were extended. Mayor Moore presented Certificates to each of the 14 girls and the two coaches. VI. DEVELOPMENT PLAN A. Project Name: Boynton Beach Mall - Sears Addition (Postponed to October 3, 1989) Cormac Conahan, Esq. SITE PLAN MODIFICATIONS: Request for an amended site plan to allow for the addition of a 134,526 sq. ft. department store and a change in parking lot layout and design. Agent: Description: Mayor Moore noted this matter is being deferred until the next meeting. 14 ~, -_.~ MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA / I motion and a roll call Clerk, as follows: / / Commissioner ~e ter Commissioner iner Commissioner/ ische Mayor Moore / Vice Mayor Olenik vbte SEPTEMBER 19, 1989 As there favor of WAS CLOS seconded the Boroni, City Motion carried 4-1. 8. Proposed Ordinance No. 89-2 Re: Amending the Charter A ticle Administration, ~ection 4 / City Attorney Rea read Prop second and final reading b ;' /". / i --, 1. Betty / / If on .AN ORDINANCE OF THE TON BEACH, FLORIDA, AMENDING ARTICLE IV ADMINI RATION, S PROVISIONS.; TO OVIDE THA AT THE PLEASURE F THE CIT PROVISIONS DE ING WITH I ADMINISTRATIO : BY DELET PENALTIES; OVIDING A SEVERABILI CLAUSE; P PROVIDING EFFECTIV ION OF THCITY OF BOYN- E CHARTER F SAID CITY, TION 49. NERAL THE CITY AGER SHALL COMMISSIO : BY AMENDING ITH SAID S IMPOSING NFLICTS C USE; PROVIDIN A VIDING AUT ORITY TO CODI Y; DATE AND F ROTHER PURP ES. no one in rhe audience who wished t speak in in oppositjion to this atter, THE BLIC HEARl / Commis ioner Hester II 89-29 on second a seco ded the mot' n Bor ni, City Cl rk, to a rove Propo ed Ordinance rea ing. Commi sioner Wisc and a r I call vot was taken b as fo1 ows: ! I I I ! I ! / / / / w City Attorney Rea read Proposed Ordinance No. 89-30 on second and final reading by title only. Mot ion ca lit' i ed ~- 9. Proposed Ordinance No. 89-30 Re: Citrus Park PUD Rezoning Commis ioner Comm'ssioner Ma r Moore V' e Mayor Ole lk ommissioner ester (: f.i: -P I- B1 23 ..'!"..."",.~~ MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO ALLOW FOR SUBSTANTIAL CHANGES TO THE APPROVED MASTER PLAN, INCLUDING THE ELIMINATION OF A PROPOSED FIVE (5) ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP FORTY-FIVE (45) SOUTH, RANGE FORTY-THREE (43) EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Moore asked if there was any input from the public. 1 .1 Attorney Roger Saberson addressed the Commission and stated the Ordinance incorporates by reference the staff comments. Some of the staff comments are directed toward public rights-of-way. There is also a comment about access between Citrus Glen and Citrus Park and not limiting it to emergency access. He suggested either that certain of those comments be deleted or that additional language be added at the conclusion of Section 3. Mr. Saberson suggested incorporation of the following language in Section 3, starting at the second line: "...a Planned Unit Development (PUD) as set forth in the application specifically in accordance with staff comments attached hereto as Exhibit A, however, not withstanding any staff comments to the contrary, the following shall apply to this project: 1. Private streets are hereby approved. 2. The only access required between this project and Citrus Glen is via a 20' emergency access easement.1I City Attorney Rea stated it would be no problem to incor- porate this language. .. As there was no one else in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. 24 . -"~..----_._--_._._~-----~~~_.- c,.;"'..,,~~ MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Commissioner Wische moved to approve Proposed Ordinance No. 89-30 on second and final reading. Commissioner Hester seconded the motion. Vice Mayor Olenik noted the reason he would be voting against this Ordinance is because of the elimination of the public park which he feels is needed in that area. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Wische Mayor Moore Vice Mayor Olenik Commissioner Hester Commissioner Weiner Aye Aye Nay Aye Nay Motion carried 3-2. B. Ordinances - 1st Readinq: -- ---.... None. I -~ , 89-SS by C. I / ,. / . . / Re.a read Proposed Re~,6l ut ion I I ~ I .1 /' / /1 No': / I \ \ , .. I / RESOLUTION OF THE CITY CO~ISSION OF/THE CITY OF BOYNTON !BEACH, FLQRIDA, UR~fNG THE CO~GRESS OF TH~ UNITED/STATES Tq/REVIEW TJiE CABLE CO)'1MUNICATION WLICY ACT OF 1984, AN)'j EXPRESSlNG GENERAL/CONCERN ABolYI' THE NEED/FOR GREA'7ER LOCAL ~OVERNMENT lEGULATORY AyTHORITY. / / " / He~fer moved jto approve/Resolution !)to. 89-SS. W~ner second the motis;'n which car:vied 5-0. / Co issioner Weiner req,uested that this Resol~tion be for- w ded to Congressman Harry John~ton and Sen~or Howard . , . tzenbaum who heads llP the Com~1ttee on this proposal. The ayor asked the City Clerk to take care of that. / / :,' , .. 2. Pro~osed Resolu ion No. 8~-TT Re: Reverend J se h Dye I Cit~ ttorney Rea read pto sed Resolut'on No. ent ety. A RESOLUTION OF THE ITY COMMISSI OF THE C TY OF BOYNTON BEACH, FLORIDA, RECOGNIZING THE POSTIVE IMPACT \~ ' 25 in its -.~---_.._------,-"---" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARI~G at 7:30 p.M:'on Tuesday, July 11, 1989, at City Hall Commission Chambers, Boynton Beach, Florida to consider a request for REZONING covering the parcel of land described as follows: LEGAL DESCRIP'I'ION: APPLICAN'I' / OWNER AGENT: PROJ ECT NAME: PROPOSED USE: LOCATION: REQUEST: The Northwest Quarter (NWt) of the Southwest Quarter (SW!) of the Northwest Quarter (NW!); and the Northeast Quarter (NEt) of the Southwest Quarter (SWt) of the Northwest Quarter (NW!); and the Northwest Quarter (NW!) of the Southeast Quarter (SEt) of the Northwest Quarter of Section Eighteen (18), Township Forty-Five (45) South, Range Forty-Three (43) East, Palm Beach County containing 28.82 acres more or less. Boynton Nurseries, A Florida General Partnership James D. Sturrock, Jr., Managing Partner Roger Saberson Citrus Park Planned Unit Residential Development East side of Lawrence Road (South of Citrus Glen P.U.D.), Boynton Beach, Florida REZONING from PUD w/LUI=4 to PUD w/LUI=4 (Request for substantial change to the master plan) A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on July 18, 1989 at 6:30 P.M. at Commission Chambers or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in per~ son or by attorney and be heard. Any person who decides to appeal any decision of the Planning & zoning Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BE'fTY S. BORONI CITY CLERK mas CITY OF BOYNTON BEACH PUBLISH: THE POST June 25, 1989 & July 2, 1989 cc: City Manager Mayor & City Commission City Attorney Planning Director Recording Secretary City Manager's Secret~ry ) ....... 7A4 CITRUS PARK REZONING EXHIBIT "A" , t-.,,-r..'.... ~'" ._.~~~ . . . ~_.... ~-;;-- ."... . '. ~t\,'. h . ..- ,- -' .. . "-; , ,,' . .. "'" --......... . . \ i,'. t.U-\1\ \~~- _~Id~ . lU\ \ \ I\~\\ l\\" N N . '1\ . .....- <' Z -- r- en -- ')( U1 .\~\ ',' ; \, :\ \ t".' -. -- - ,,=_..... ~ ~. '\iI~ "'. lil"\--'I i "T. . \ ~:... '~~ \ ~. \ \ 'i ,... '\...', I , I , I \ \ \1 i / i \ \ \ \ \ '\ " I \, ' ,_ '.Y / .. ' : I Iii . / : ~ ' '\ ~. ~ \ \ I \ \ \\ . · ') . ~ 'I', \ _~ . ~\ \ \ : : ~ \ \ ....-" L.- _ I 1 \ ' I ..,\ . .. . , r~ _ ''\ -, ~ _"L.-- \,.' ,I' ,- : \"'~' ~ --: /~. \ \\ \ \ i 1\ I \_-'-- : '\ ~ -t \" ._,-\ \ \ . I ./. ; i , \; · - - .. i i \ \\ -- I " \: . ' '~J"\ ./' ~,. ".. ,. . . -L.i.: -- ~ ' / "~ / . , \ '1'_ ~ ,. ' T T - i I (\' ./ ~\\\ .- \ \ i \;' -- \' \ \ .,' \ II \ .-- '\\ \\~]~~\~,~~~~~'~ -{\1\~' J:~~ ;', ' .~_ :W' \0 ~ ^. \ \ Ie _- ~ \ '.>:< -' ~-'- J__ .. \ ,~-.1 \ ~\ ., "', \ j.. 1..--- I"'Y- . \ ;. ", c~-i. \ I' ' '\ -- 'If( ,c' \, \ ~_.. ,c:::::2 \~ l... ..' U~II .. I \ . T ,. '- /II ~.. \,.J - \ ," . \ -' 'I. · . u.... _' I ' . . "\ \ II I ~ I 'l. c""- "\ \ I ~,. '-, ., == . \1. i ~ .......- "i i / ~ / / / \ - -'-.. ~ ,. l.- 'I ~~~'\' \ \ ,I I , ..t \ ,.' . . ~,~ ' .. . Ii.... / 0" / . ., II /7 -, / .' \r, ~./ ''$'' I ""I I \; c-- L--- / ~y 0 .~ \ t= t= · / . ~., ~- \ . \ .\ . -' ~ ~ ~ ~ \ (,~ ~ \ -- ....- ...- 01 _~ _-:;0..- c-- I..--- ~ 11--_ , i--- l--'~ \.-.- ", \ C~ \i \ ".\ \ 1 \ 1 il nl~= ~_. ~:: j . . Ii ,\ T -\ 11 T' '-)J -- 0 k_ ~ . . 1\ ,__=' . I Y ,(1. ~J ,-..JZ. 111 -- ----= - ---~--~ - ~~.,.. ---- --- " " t. . .:. :. i ' ii i ='.I.I~ ... . ::...:.: ~~ \ t ~\ \ \ i n \\ 1 ~ \\ i . · ~~i~\=,i\\ ~tC~ ~Idl \ .. I.. ",' t. .' t::; \ 1lJ .,~ J,A , (~. \ll \ 1 . t \ ['..... 1 -- L En ~ I r ==t=:.-~ I~" 1 , L_- L--- L..-.- .-- -'- ~.- ) -- , -" ....... - ~ _.~ _....- 1 " ' ~_--_..-r--- c.-----..:-.-..-----\ -- \ -- EXHIBIT "B" REZONING JUSTIFICATION The P.U.D. Zoning being requested in this application is basically the same as the previously approved zoning with respect to density, land use intensity and type of residential units. Both fall under the density allowed by the City's Comprehensive Land Use Plan. We are reques ting a new P. U . D. Zoning for three primary reasons: (i) to eliminate the 5 acre Community Park shown on the present approved Master Development Plan. The applicant for the existing Plan at the time of the application had the subject parcel and Citrus Glen under contract and could have substantially satisfied all of the recreation requirements for Citrus Glen and Citrus Park on the property that is the subject of this application. Thereafter, however, said applicant did not acquire the property that is the subject of this application, i.e., Citrus Park and the result was that the subject property has been left with an oversized park shown on the approved plan. Furthermore, prospective buyers of the subject property have been unanimous in their opinion that the existence of such a large public park within the proj ect will be an adverse factor from a marketing standpoint, (ii) to change the street system within the project from public streets to private streets. As we are sure the City is aware, with the ever- increasing crime rate, citizens have a desire for increased security. It is intended that access through the subdivision will be controlled by a security guard at a gate house located at the entrance to the subdivision, and (iii) to adjust the location of lakes to serve the project better. In addition to the reasons set forth eliminated from the project (which amenities) for the following reasons: above the community park should be will contain private recreational 1. The park was part of a larger planned community of 335 units, oriented to serve mostly young families. 2. Because it I S not a part of a larger development, the impact of the proposed public park facility within a relatively small community could be negative or perceived as such, in relation to the security and tranquility of a residential environment. 3. There is very little latitude to buffer the park and mitigate its impact, as presently approved, from the rest of the project. 4. Because the subject project is not a part of Citrus Glen (i.e., the project to the north of the subject parcel) private recreational facilities may be necessary (even if the public park remained in the Plan), reducing the number of units and affecting the economic feasibility of the project. 6. The undersigned have been informed that Citrus Glen (i.e., the project to the north of the subject parcel) has requested the abandonment of the public road connecting both projects. Citrus Glen apparently intends all of their streets to also be private in order to provide additional security for their residents. If Citrus Glen's petition is approved, the park within the present Master Development Plan will not have the same meaning and will not serve the same purpose. " I ,#,u,,~i)~uUt',(>~ ~~AME~O~.~~~~. APPLICANT ;<~J}~ ROGER SABERS ON AGENT EXHIBIT "c" EXHIBIT "0" , ,- - THIS IS ^ DEED PURSLL\tJT TO A CO:<POR1\TE DISSOL(T-a'TON AND NO ., ~ DOCUr.18NTARY STAr.1P 1 . IS DUE AND O~.lIr>JG PURSUAl rfO DEPARTr.1Et1T OF REVENUE RULE l2B-4.14(9) .......--~ ,> ru ~, U1 ru lJl i11 ..0 :0 (.:J ..::r N 0:: C"') <-) LL.I C) c..o = s::? JOD \'Q.:) \- ,;- ~ ~ () ., 1 J -i 1 ) VlX__Ur, Tu r. . 50$ . tntlUllbll T.. rd. C1.r~L~~~~'lorl" "1 r.L THIS WARRANTY DEED made this 1~ day of December, 1986, bv BOYNTON NURSERIES, INC. a Florida corporation (hereinafter calier: "Grantor"), to BOYNTON NURSERIES, a Florida general partnership, whose mailing address is 1425 Wilkins Avenue, West Palm Beach, F lor i d a 3 3 4 0 1 ( her e i n a f,t e r c a 11 e d " G ran tee") . r ,- \'ll\RRANTY DEED (Hherever used herein the terms "Grantor" and Grantee" incl~.::J':~ all the parties to this instrument and their successors and assis~s) \HTNESSETH: That the Grantor, for and in consideration of the sum of TEN ~nd 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain la~d situate and being in Palm Beach County, Florida, more particularly described as follows: '. The Northwes~ quarter (NWI/4) of the Southwest quarter (SWI/4) of the Northwest quarter (NWl/4): and the Northeast quarter (NE1/4) of the Southwest quarter (swl/4) of the Northwest "quarter (NtoJl/4); and the North'/Jest quarter (NWl/4) of the Southeast quarter (SEl/4) of the Northwest quarter (NWl/4) of Section Eighteen (18), Township Forty-five (45) south, Range Forty-three (43) east, Palm Beach County, Florida. TO HAVE AND TO'HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, limitations, condition~, easements and agreements of record: taxes and assessments for the year 1986 and all subsequent years: and all applicable environmental, zoning and land use ordinances. AND said Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered: in the Presence of: " BOytlTON NURSERIES, INC., a Florida corporation By: (J/2"~2fl:JfiV;~. /J-.ames D. Sturrock, r., \ ) President Ilu-u c.(;~,yr ft51~ ~ (CORPORATE SEAL) . " .".......: -: .. This Instrument was Prepared by and ( Should be Returned to: 'j W. Glenn Dempsey, Esq. Gunster, Yoakley, Criser & Stewart, P.A. Phillips Point, Suite 500 777 South Flagler Drive West Palm Beach, Florida 33~Ol-6]94 , "7 t.. r, - ',' '. .; ," " , '0 . " ..... . STATE OF FLORIDA COUNTY OF PA Lf-' BEACH ).f) r; . . Mhe foregoing instrument was acknowledged before me this ~3 day of December, 1986 hy James D. Sturrock, Jr., the president of BOYNTON NURSERIES, INC., a Florida corporation, on behalf of the corporation. My Commission Expires: t\l~rr.;r( :'U:JL!C. smE or rlOf1l01'l ~.1'i c[:;,;r,~;S~,\GP EXrl\lES mIlE 22. 1~' 93060 u . J2-- Notary Publi at Large 2 Floria,:] .. ........ -,' '.. . . ", (NOTA"':;"u ,~ElILLl f' ,'.'" . ',"" t f" :. ',' .:_' ,. ~ t' . . . .. I~ 0' 11("''1 . . . ....', I"'" ,.... .' . ~ ",' :' ...1 t '., ..,............. .. f1f:cono VERlf-1EO PALM O~^CH COUNTY. FLA. JOHN [~, DUNI<LE ClEF-11< CInCUIT COURT