LEGAL APPROVAL
MEMORANDUM
f:};j tS (j/ fl t'E tIo uS 6
FROM:
QUINTUS GREENE, DIRECTOR
DEVELOPMENT DEPARTMENT
JANET M. PRAINITO, CITY CLER~
JANURARY 15, 2002 U \
DECLARATION, AND TWO EASEMENTS
TO:
DATE:
RE:
Attached please find a copy of the above mentioned documents that were
recorded in Palm Beach County on December 6, 2001 for your information and
files.
c: Engineering
--~~~:!t
U "Ii . "&W2
tI tIes
mas
J :\SHRDA T A \CC\ WP\Memos\Quintus greene JP .doc
r
!~
~nw~frj)
JAN I 8 2002 ~
"
,.. ,-
OEPARTMENT OF OEVHOPMENl
>- ~... ....
, .
. .'.,..,.
:~:.1:::. :
/~;~~j1-~:~~j'~.,;~:-~1 -,'
..:.:;- .c>;,:.,\~;,: .
III. . .. II .. . _ II .. II .. II I" I .. . . II . I ..
~
\
PREPARED BY AND RETURN TO:
James A. Cherof, Esq.
City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
12/vg/2001 14:13:45 20010540456
OR BK 13159 PG 0919
Palm Beach County, Flo~ida
DFrT ,A R A TTON
r-.
r::;
'-
::-..:111
~
- .C:.:
.:-:.~ --.J
. (~.'
This DECLARATION, is made thi~(Qtt day of n~
,2001, by the C~ of Boynton
::::. ,_:-,
Beach, Florida, a Municipal corporation whose post office address is 100 E. Boynton Bea81 BO:~vard,
w -':n
C'J ;~ ::>
I 'e;
Boynton Beach, Florida 33435,
WITNESSETH:
On September 4, 2001, the City was advised that the Boynton Beach Community Development
Corporation was relinquishing its interest in the following described property:
Lots 1 and 3, Block 27, ROLLING GREEN RIDGE FIRST ADDITION,
according to the plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida recorded in Plat Book 224,
pages 223 through 226; said lands situate, lying and being in Palm Beach
County, Florida.
Providing that this property may only be used for a public purpose,
including but not limited to, being the office or headquarters for the
Community Development Corporation, its subsidiaries and assigns.
Subject to easements, covenants, conditions, restrictions, limitations,
reservations and dedications of record; any unpaid taxes of any nature
whatsoever; and applicable zoning ordinances.
Pursuant to the City's right to reentry and repossession of the property and facilities set forth in
the Quit Claim Deed, dated February 12, 1996, and recorded February 29, 1996, in ORB 9143k, Page
1194, the City hereby declares its reentry and repossession of the real property.
IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal the day and year first above
written.
S:\CA\Departments\Community Redev\Declaration - CDC Reverter Declaration.doc
Uorothy H. Wilken, Clerk
.'
Signed, sealed and deliver.. -
in our presence:
CITY OF BOYNTON BEACH
BY:
,
r~
<::.1v,,'Jt2 ZL
Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this~k &<<day of 1t~~u...." , 2001
by th~7:0f Boynton Beach, Florida ,Declarant, by Gerald Broening, Mayor. He is personally known to
me' or has produced as identification.
i~~ A.. , Itt-~
Notary Public
My Commission Expires:
~t/I'V P,,~ Barbara M. Madden
~~~commission # CC 760467
ell "'" Expiru July 19. 2002
~-t ~ BONDED THRU
OF ~ t.TLANTlC-130NOING CO.. INC
S:\CA\Departments\Community Redev\Declaration - CDC Reverter Declaration.doc
1-.1111111111111111111
City of Boynton Beach I
100 E Boynton Beach Blvd 'r<
P.O. Box 310 ~ t:>
Boynton Beach,FI 33425
12/06/2001 14:13:45 20010540457
OR BK 13159 PG 0921
Palm Beach County, Flo~ida
EASEMENT
TIllS INDENTURE made this 9'f1!ay of ;1)ot/2Mt/s.2\-A.D., '2.00 I
By BJ' S WHOLESALE CLUB, INC.
a corporation existing under the laws of DELAWARE
and having its principal place of business at ONE MERCER ROAD NATICK. MA
f::')
j"-..)
c-
~~
I '-t
-,-
fust part, to the City of Boynton Beach, a political subdivision of the State of
Florida, second party:
~
~-
;. -'
"
::~~~
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires)
5
..
w
co
':-'
'-~OJ
.~rrl
~J~
!''In .
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach
County, Florida, and described as follows:
PC~ 08 43 45 30 01 028 0010
Legal Description:
That portion of Tract A IBJ's "holesale club) according to the Plat thereof as
recorded in Plat Book 90 Page. 54 and S5 of the Public Records or Palm Beach County
Florida. 8S more par~icularly described on Attachment A hereto.
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 easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each
to the other running and one dollar and other good and valuable
considerations, the first party does hereby grant unto tht! party of the second
part, its successors and assigns, full and free right and authority to construc~
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby grant a perpetual easement, on over and across the above
described property for said purposes.
BOOK 13159 PAGE 0922
,"
IN WITNESS WHEREOF, the first party ~ caused these presents to be duly
executed in its name and its corporate seal to be hereto affixed, attested by its
proper officers thereunto duly autho~ the day and year first above written.
Signed, sealed and delivered
In the presence of:
BJ' S WHOLESALE CLUB, INC.
s~~
BY
ITS
e: c::: (j
I
Vice President and Treasurer
.~J.. ~~~
-4S'M(l4. \-t ~44ha~l\\~
Print Name
BY
Executive Vice President
~ Q.~.t-i~
Signature
ATfES~\\.1 (Iv ~
TO BOTH '-S~a~
I\.o.s~w.~" -.....-./
j:'"Q.'f-l" H ' Wd/,r.;u
Print Name
(CORPORATE SEAL)
COMMONWEALTH
STATE OF MASSACHUSETTS
COUNTY OF MIDDLESEX
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County afo!.esaid ~ take ackno~edgmen~
Persona1ly.apneared_~~0: \. S I \~ .Jr. -+- \-cG.,,(., ..\).
'to r v--'O...--c\ ~
well known,to me to be the \J: c.e... President and LX.e.C.. .". t> '
respectively, of the Corporation named as first party in the foregoing
Easement and that they severally acknowledged executing the same in the
presence of two subscribing wi1nesses freely and voluntarily, under authority
duly vested in them by said Corporation, and that the seal affixed thereto is the
true Corporate seal of said Corporation.
~ WITNESS my hand and official seal in the Country and State last aforesaid this
C\ day of r(o\J~ b~,.- A.D., 2001-.
~E~.
1I.Tot<"-, Publ~C 1n .,...~ Fo" the -1/
... ~;, ....-.- .......... . ...... (f
State and County aforesaid.
My commi!l.lJion e.~ires:
LAURIE E. RtlEY. H*y Public
My CormiISiln EJqJiI8 ~ 8,2006
(
i~<
f~
- SKETCH & DESCRIPTION EOR:
10' UTILITY EASEML.. r
A PORTION OF BJ' S WHOLESALE CLUB - CITY OF BOYNTON BEACH
(P.B. 90. PAGES 54 & 55. P.B.C.R.)
BOOK 13159 PAGE 0923
LAND DESCRIPTION:
A PORTION OF TRACTS A, B, C, & D, BJ'S WHOLESALE CLUB, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 90, PAGES 54 AND 55 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT "A" OF SAID PLAT; THENCE NOO'58'32"E
ALONG THE EAST LINE OF SAID PLAT A DISTANCE OF 59.13 FEET; THENCE N89'01'28"W, 5.00
FEET TO AN INTERSECTION WITH A LINE 5.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF TRACT "A" OF SAID PLAT AND THE POINT OF BEGINNING OF SAID CENTERLINE AND A
POINT HEREINAFTER REFFERED TO AS REFERENCE POINT "A"; THENCE NOO'58' 32"E, 922.38
FEET TO AN INTERSECTION WITH A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH
LINE OF SAID PLAT; THENCE S89'39'11"W ALONG SAID PARALLEL LINE, 322.84 FEET TO AN
INTERSECTION WITH A LINE 5.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF TRACT
"En OF SAID PLAT; THENCE SOO'20'49"E ALONG SAID PARALLEL LINE A DISTANCE OF 18.50
FEET TO AN INTERSECTION WITH A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID TRACT "E"; THENCE S89'39'11"W ALONG SAID PARALLEL LINE A DISTANCE OF
279.56 FEET; THENCE N77'06'55"W ALONG SAID PARALLEL LINE A DISTANCE OF 49.78 FEET TO
A POINT ON THE WEST LINE OF SAID PLAT AND THE POINT OF TERMINATION OF SAID
CENTERLINE.
TOGETHER WITH: A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGIN AT AFOREMENTIONED REFERENCE POINT "A"; THENCE N89'01 '28"W, A DISTANCE OF
128.60 FEET MORE OR LESS TO THE EAST FACE OF AN EXISTING BUILDING AND THE POINT OF
TERMINATION OF SAID CENTERLINE.
TOGETHER WITH: THE SOUTH 20.00 FEET OF THE NORTH 63.00 FEET OF THE WEST 5.00 FEET
OF THE EAST 15.00 FEET OF BJ'S WHLOESALE CLUB PLAT AS RECORDED IN PLAT BOOK 90
PAGES 54 AND 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SIDE LINES OF SAID 10 FOOT UTILITY EASEMENT ARE TO BE PROLONGED OR SHORTEN TO
FORM A CONTINUOUS STRIP OF LAND AND TO TERMINATE IN THE BOUNDARY OF THE LAND
OF THE GRANTOR. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA.
INOT VAUD WITHOUT ACCOMPANING SHEETSI
A VIROM &:ASSOCIA TES. INO.
SURVEYING &: MAPPING
80 8.W. 2ND AVENUE. 8UITI! 102
BOCA RATON. PLORmA 884S2
TBL. (M'D 882-2.... PAX CM'D 884-7125
@2001 A V1ROU a: ASSOClA 1D. INC. AlL RIGHTS RES[R\fD.
JOB # 6877-5L
DATE: 8/14/01
SHEET.-L_OF 2.
/
-' SKETCH & DESCRIPTION FOO:
10' UTILITY EASEME." (
A PORTION OF BJ' S WHOLESALE CLUB - CITY OF BOYNTON BEACH
(P.B. 90, PAGES 54 & 55, P.B.C.R.)
BOOK 13159 PAGE 0924
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID 'MTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR' AND MAPPER.
2. NO TITlE OPINION OR ABSTRACT TO THE SUBJECT PROPERTY HAS BEEN PROVIDED. IT IS POSSIBLE THAT THERE
ARE DEEDS, EASEMENTS, OR OTHER INSTRUMENTS (RECORDED OR UNRECORDED) WHICH MAY AFFECT THE
SUBJECT PROPERTY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SURVEYOR.
3. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT WITH THE EAST LINE OF TRACT "A" HA VlNG A
BEARING OF NOO"58'32"E.
5. DA TA SHOWN HEREON WAS COMPILED FROM INSTRUMENT(S) OF RECORD AND DOES NOT CONSTITUTE A
BOUNDARY SURVEY.
6. ABBREVIATION LEGEND: P.B.C.R. = PALM BEACH COUNTY RECORDS: <t = CENTERUNE; L.B.= LICENSED BUSINESS:
P.B. = PLAT BOOK: PG. = PAGE: P.L.S. = PROFESSIONAL LAND SURVEYOR: P.O.B. = POINT OF
BEGINNING; P.O.C. = POINT OF COMMENCEMENT; P.O.T. = POINT OF TERMINATION.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON 'DESCRiBED PROPERTY IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DlRECnO~ ON 8/14/01.
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MIN!MUM TECH~ICAL STANDARDS
SET FORTH IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE ~URSUANT TO SECTION 472.027,
FLORIDA STATUTES. '-J r. /?"'-- /
QA VlD. ERIC BREAUX, Jr, Pl.S.
FLOR!DA REGISTRATION NO. 5957
AVlROM & ASSOCIATES, INC.
L.B. NO. -3300
INOT VAUD WITHOUT ACCOMPANING SHEETSI
A VIROM c!cASSOCIA TES. INC.
SURVEYING c!c MAPPING
eo 8.W. aND AYBNUI!. &UTE 102
BOCA RATON. PLOfmA 88482
TIlL UJeD 882-2t5N. PAX UJeD ....-7128
@2OOl AVlROU II: ASSOCIATES. ..c. AU.. RlQtlS RESER'oa).
JOB I 6877-5U
DATE: 8/14/01
SHEET~OF2.
:'..:
N 7rOS'55" W
49.78'
P.O.T.
.........
C:::
U
OJ
""'":'a.
z~ -
LaJ::>tO
>a:J
<---
:I:__U'l
LaJ w
Z'"
004:
za.
t-~
(/) 4: -
...100
~v
OJ
a.
-
-- SKETCH &; DESCRIPTION FOC:
10' UTILITY EASEMEI~'"
A PORTION OF BJ' S WHOLESALE CLUB - CITY OF BOYNTON BEACH
(P.B. 90, PAGES 54 & 55. P.B.C.R.)
BOOK 13159 PAGE 0925
Do~othv H. Wilk~n, Cl~~k
BOYNTON BEACH BOULEVARD
S 89"39'11" W (STATE ROAD 804)
279.5S' S 00"20'49" E S 89'39'11" W
18.50' 322.84' NORTH LINE OF PLAT
---------------
EAST LINE
OF TRACT "E"
.....
o
W=
z.<t:..
:::i.
t-
t-u
V><t:..
<t:..c::
Wt-
N 00"58'32" E
922.38'
10'
<k 10' UTILITY
EASEMENT
SOUTH LINE OF PLAT P.O.B.
STONEHA'JEN . N 89"01'28- W 5.00'
PLAT NO.1 (P.U.D.) PALM BEACH FARMS COMPANY
(P.B. 48. PAGES 1-5. P.B.C.R.) PlAT NO.8
CP.B. 5. PG. 73. P.B.C.R.l
A VIROM & ASSOCIA TES. INC.
SURVEYING c!c MAPPING I NOT VAUD W1lHOUT ACC0t.4PANING SHEETS I
eo a.w. 2ND AVI!NUI!. 8lnI! 102
BOCA RATON. P'LORIDA 88482
TI!L ceeo 882-2884, PAX CH1I 884-7128
<e> 2001 A'oIIROU a: ASSOaA TES, INC. ALL R1GHlS RESER'vtD.
"
TRACT "s"
TRACT "c"
TRACT "0"
<k 10' UTILITY
EASEMENT
SCALE: 1"=150'
t-
<t:..
..J
Cl.
.....
o
W
z
:::i
t-
V>
W
:0:
TRACT" A"
SJ' S WHOLESALE CLUS
(P.S. 90. PAGES 54 c!c 55. P.S.C.R.)
o
z
.....6
o~
:::>
~CD
<t:..0
.....z
t-t=
V>~
<t:..x
ww
S'
SUILOING
N 89"01'28- W
128. SO'
REFERE;,N~E
POINT A
N 00"58'32- E
59.13'
P.O.C. SOUTHEAST
CORNER TRACT "A"
P.O.T.
U")
>-
Z
< .........
n. C:::
:I
o ~
o OJ
(/)CX)a.
:I -
a::: 01"1')
<~......
~~ci
:I::5a.
O~ -
< It)
~ OJ
a..
:I -
..J
<
n.
JOB , 6877-5U
DATE: 8/14/01
SHEET.2-OFi
~IHlIllIIIII
2. Mark (x) all
that apply
1. Parcelldenlification Number
(IfParceltDnotavallable -- - - - - -- - -- -'-----'-------- /
please call County Property -~ (J, - J 3 ~::7 .0:' · " ; - ,-;-; ---;:- -:- ,- ,- - --
Appraiser's Office) --. ~-1L_l__!t~_ ~-..:~ O'L_:d,2.:.8J~..Q.~.L:O~__
Transaction is a split Property was improved
or cutout from --. with building(s) at time
another parcel? _ of sale/transfer? --.
l3J~S k)JJ"LtFS~LE ELuA i::JC.
Corporate Name (if applicable) I
11; ~~ ~~ ~~~ ~f ~/-7?tf'l?)
FLORIDA DEPARTMENT OF REVENUE ;>f-iO,CCOPIESCF
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY T~~(E~~~B~r
(PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING)
Use black ink, Enter numbers as shown below, If typing, enter numbers as shown below, "
O-Z3Lt5bTS:9 --0123451678:9--
DR.219
R,07,'98
r
Multi-parcel
transaction' --.
3. Grantor (Seller):
Last First MI
~A/tf UFLf~/l~ ~A4b J J/,tf 1It':J.-...
M~ing Address City ,
4. Grantee (Buyer): t 1 It Or l~vA1 ,"1JJ Sf: J4(.J1-}
Last I First MI
IOf) f .r1()Y~("'LVV & -KH Ai-I" IJ . 3l/,,);ro~ Bi:"t}c Jt.
ailing Address ,/ / City '7
5. Date of SalefTransfer SalefTransfer Price
~/ I f/l / : 0'"018 / '....,: ':l n n $'---.- i' ,j ;-! Vii !' Ii n' :--'0; iQl. Property i71 iA County Code
L ~ ~ ~ ~ '01; CJ! W L ~ ~~ ,~ ~0 LJ --.J . U ~ Located In ~ ~ (County Codes on Reverse)
Month Day Year (Round to the nearest dOllar.)
.--,
n ContracVAgreement r\J' Other 7. Are any mortgages on the property? If .Yes", YES! ! /
U for Deed i...!(J outstanding mortgage balance: '--
:: Quit Claim (Round to the nearest dollar.) $ D lUll nUl n I' ~ ~ Ii
~ Deed L....; L- ---:~ ~ L-.; · __
Corporate Name (if applicable)
1=1- cd 3'1:2.5 ({~ ~J) 7 ~ ...,t'"~'cJ
State Zip Code Phone No.
6. Type of Document
n Warranty
L-J Deed
NO
-
---/~
,0:0:
8. To the best of your knowledge, were there unusual circumslances or conditions to the saleltransfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? 1iIle defects? Corrective Deed? Mineral rights? YES ,1;,;. / ~ NO
Sale of a partial or undivided interest? Related to seller by blood or marriage. ~
9. Was the saleitransfer financed? YES D / i ! NO If .Yes., please indicate type or types of financing:
Ii Agreement or D D
Seller Provided U Contract for Deed Other
rI
Convenlional I :
'----'
10. Property Type:
Mark (x) all
that apply
Acreage Timeshare
ODD [J
Cents
$DDDODno'n'u ty"O:
, , LJ u · ~~
· $DDDODD~DD . Li
13. If QQJM is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES ~ / [J NO
Under penalties of perJury. I declare that I have read the foregoing retum and that the facts slated in it are true, If prepared by someone other
Lthan the taxpayer. hislher declaration is based on all informatia of which e! has.any nowledge.
Signature of Grantor or Grantee or Agent. Date 11- ~ -0 I
NARNlNG, FAILURE TO FILE THIS RETURN OR ALTE NATl FORM AP~ROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF 52500 IN ADDITION .0 ~NY
OTHER PENALTY IMPOSED BY THE REVENUE LAW RIDA,
Residential
r-'
, I
G
Commercial
lXJ
Industrial
o
Agricultural
j1
I I
L....J
InstitutionaV
Miscellaneous
Government
Vacant
11. To the best of your knowledge, was personal property
included in the sale/transfer? If .Yes", please state the
amount attributable to the personal property. (Round to the nearest dollar.)
12. Amount of Documentary Stamp Tax
D
YES D / [j NO
(To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp
O. R. Book DODOD
and DODD
Page Number
and DDDDDDDDODDDD
File Number
Date Recorded DO/DO/DODD
Month . Day Year
CANARY COpy TO PROPERTY APPRAISER
WHITE COpy TO DEPARTMENT OF REVENUE OFFICE
!.<
'c /...
- .;':-: ,,~~-~
:";~'.f_+._> :+
1.11111111111111111111
C'ty of Bovnton Beach
1 . h B\vd
\ 00 E Boynton Beac ~
pOBox 3 \0 "i .l(i
. ' h FI 33425
Boynton Beac ,
12/06/2001 14:13:45 20010540458
OR BK 13159 PG 0926
Palm Beach County, F1o~ida
EASEMENT
THIS INDENTURE made this ~ day of November , A.D.,
2001
By
8el::ltaTnwt
l- ,-) ,,:"; --~
:-..) . _.~.
a corporation existing under the laws of
Alabama
L- ':;='
--.~ -1
and having its principal place of business at
Birmingham, Alabama
r
first part, to the City of Boynton Beach, a political subdivision of the State of
~
-....
,--\
Florida, second party:
C5
w
C~
,,,
--., '. -~,
-;-:1
"';>
;"'1 ::;
(Wherever used herein, the terms, "first party" and "second
party" shall include singular and plural, heirs, legal
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires)
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach
County, Florida, and described as follows:
PC~ 08 43 45 30 01 004 0030
Legal Description:
Lot#C,D,E, Block #4, subdivision: Palm Beach Farms Co Plat NO 8/Platbook 5,
Page 73 as recorded in the public records of Palm Beach County, Florida
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 easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each
to the other running and one dollar and other good and valuable .
consideratiollS, the first party does hereby grant unto the party of the second
-......... :........-. ...-..:..;!... .....-~ .......~ ......'"~'!Yr:.'.: ~..11 ..._...l ~""c.. ..;~.....+ ",~..;t "".+"'''''''';~' +..... c"'........A.....,..,.t
J:I'.u..., .1...., "Ll\,.l'-"'-".h~V&" ~.... g.:,.:J"'~J ....u..a..i. ..u..... A.A."^-' .....,:5....... .......\01. &........._... ....,.....v u~... ....... ,
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby grant a perpetual easement, on over and across the above
described property for said purposes.
~~~., ....~...J t""t1Ul:. v~~1
IN WITNESS WHEREOF, the first party has caused these presents to be duly
executed in its name and its corporate seal to be hereto affixed, attested by its
proper officers thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered
In the presence of:
(j I~
( J./' -cf~ /~,- ,
~.d::::: J " \
. ~'= '-/ ) 10, J pJ, C ", IJ --
~L. ~,-s. B~
Print Name ce ..~
~Q'D.lfY'~v
Signature
A TIEST:
Secretary
~ (ee.-v 6Ca#6le (I
Print Nemc
(CORPORATE SEAL)
STATE OF ~ 1..L..)(2..::OA
COUNTY OF e~A)LO
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
Personally appeared -:5 Af1l i?S -fUD 4U-,,-!
well known to me to be the v ~ President and
respectively, of the Corporation named as first party in the foregoing
Easement and that they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily, under authority
duly vested in them by said Corporation, and that the seal affixed thereto is the
true Corporate seal of said Corporation.
WITNESS my hand and official seal in the Country and State last aforesaid this
t:. :~ MY COMMISSION' cc 987806 Notary Public m and for the
~. . ?''Zi EXPIRES: FeblUary 17, 2D05 Sta+ d C ty _&'. aatd
"':i,iif.~'(,J:' llondMThruNacllyl'lMlUt*MtIM ,Le an .olln l:Uore.~.
My commission expires:
A PORTION
SKETCH &: DESCRIPTIO .OR:
10' UTILITY EASEMENT
OF BJ' S WHOLESALE CLUB - CITY OF BOYNTON BEACH
(P.B. 90, PAGES 54 &: 55, P.B.C.R.)
BOOK 13159 PAGE 0928
LAND DESCRIPTION:
A PORTION OF TRACT D, BJ'S WHOLESALE CLUB, ACCORDING TO THE PLA-
THEREOF AS RECORDED IN PLAT BOOK 90, PAGES 54 AND 55 OF THE PUBLIC RECORDS 0:
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A 10 FOOT STRIP OF LAND FOR A UTILITY EASEMENT LYING 5.00 FEET ON EACH SIDE OF TH:
FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "An OF SAID PLAT; THENCE S89'39'11"W
ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 207.46 FEET TO THE POINT OF BEGINNING
OF SAID CENTERLINE; THENCE SOOi6'36"E, 48.33 FEET; THENCE S44'43'24"W, 7.57 FEET;
THENCE S89'43'24"W, 9.00 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE.
SIDE LINES OF SAID 10 FOOT UTILITY EASEMENT ARE TO BE PROLONGED OR SHORTEN TO FORt
A CONTINUOUS STRIP OF LAND AND TO TERMINATE IN THE BOUNDARY OF THE LAND OF THI
GRANTOR. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM. BEACH COUNTy
FLORIDA.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. NO TITlE OPINION OR ABSTRACT TO THE SUBJECT PROPERTY HAS BEEN PROVIDED. IT IS POSSIBLE THAT THE
ARE DEEDS, EASEMENTS, OR OTHER INSTRUMENTS (RECORDED OR UNRECORDED) WHICH MAY AFFECT T
SUBJECT PROPERTY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SURVEY(
3. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR.
4. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT WITH THE EAST LINE OF TRACT "A" HAVING
BEARING OF SOO'58'32"W.
5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENT(S) OF RECORD AND DOES NOT CONSTITUTE
BOUNDARY SURVEY.
6. ABBREVIATION LEGEND: P.B.C.R. = PALM BEACH COUNTY RECORDS; <l = CENTERLINE; L.B.= LICENSED BUSINE~
P.B. = PLAT BOOK; PG. = PAGE; P.L.S. = PROFESSIONAL LAND SURVEYOR; P.O.B. = POINT (
BEGINNING; P.O.C. = POINT OF COMMENCEMENT; P.O.T. = POINT OF, TERMINATION.
CERTlFlCA TlON:
I HEREBY CERTIFY THAT THE A IT ACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRI
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTIO
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDAR[
SET FORTH IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.0:
FLORIDA STATUTES. J ;j , /_
/ / M~-~-~~
DATE: 10 '30 0/ DAVID ERIC BREAUX, Jr, P.L.K
FLORIDA REGISTRATION NO. 59
A V1ROM &: ASSOCIATES, INC.
L.B. NO. 3~OO
I NOT VAUD 'MTHOUT ACCO~PANING SHEET I
...
A VIROM & ASSOCIA TES. INC.
SURVEYING & MAPPING
eo a.w. am AVENUE. &UTE 102
BOCA RATON. FLORIDA 88432
TEL (H1) 882-2&84. FAX (H1) 8M-712&
@2001 AIJIROM I: ASSOOAlES, INC. All R1atTS RESERVED.
JOB #6877-
DAlE: 10/31
SHEET -L-OF
, '
.JKETCH &: DESCRIPTION FO".
10' UTILITY EASEMENT
A PORTION OF BJ' S WHOLESALE CLUB - CITY OF BOYNTON BEACH
(P.B. 90. PAGES 54 &: 55. P.B.C.R.)
BOOK 13159 PAGE 0929
Dorothy H. Wilken, Clerk
SCALE: 1"= 80'
BOYNTON BEACH BOULEVARD
(ST ATE ROAD 804)
P.O.C.
NORTHEAST
CORNER TRACT ~ A.
S89.39'11"W 207.46' -.
NORTH LINE OF PLAT
TRACT "E"
SOO'16'36"
48.33'
P.O.T.
S89.43'24"W
9.00'
10'
<k. 10' UTILITY
EASEMENT
S44'43'24"W
7.57'
TRACT "B"
TRACT "c"
TRACT "0"
TRACT "An
BJ' S WHOLESALE CLUB
(P.B. 90, PAGES 54 & 55, P.B.C.R.)
==
.
N
,.,
Co
It)
b
o
(/)
lD
o
Z
I-
<(........
...J.
1l..Cl::
>-(.)
zai
~~
:::E -
0'"
U,.....
(/)0
:::Ell..
Cl::
~ari
:r:lD
~~
W
lD
:::E
...J
<(
0..
L.-
a
w=
z.<(
-11-
1-0
C/J<(
<(0:::
WI-
A VIROM &cASSOCIA TES. INC.
SURVEYING c!c MAPPING I NOT VAUD W1TIiOUT ACC0t.4PANING SHEET I
50 S.W. 2ND AVENUE. &UTE 102
BOCA RATON. FLORIDA 33432
TEL (581) 382-2584. FAX (581) 384-7125
@2001 A~ROW Ie ASSOOATES, INC. AU. RIGHTS RESER\'ED.
JOB #6877-7A
DATE: 10/30/01
SHEET~OF 2-
FLORIDA DEPARTMENT OF REVENUE CHOTOCOPIESOF DR.2'9
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY T~~tE~~~B~~T R 07'98
(PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING)
" Use black ink. ~ter numbers as shown below, If typing, enter numbers as shown below. '\
---.. - - :--- ----, - - ,--., - ----, - -., - - ,.---., -
1. Parcel Identification Number 0; 1,2:3 If Sb:17;:81:9i ' , ,:OJJ2345~7819 Ii :; :
(If Parce/ID not available '- - - - - - - '----' ---' - -----' - - - '---.; -----' '---' _ ---' U ,
- ,/
pleasecaJl County Property , J d' ,1.L',' " .' ~i' - "!!:. ; ;~! ,j ,~! 'j i! 'r~~'--,--'-
Appraiser'sOffice) -. 12J..a-~+- 3 '-X~~ :i~u~~LJ~ltJ'ld:JuQj:O!~IO,L_i_
Transaction is a split Property was improved
2. Mark (xl all Multi-parcel or cutout from with building(s) at time ,...--.,
that apply transaction? -+ another parcel? -. ~ of sale/transfer? -. !
Iii 111111111 II
r
3, Grantor (Seller):
Lasl First MI
i-;?O /f),UJ/J .J.tJ ~~t: EILDJ'Nd-lIl1m
Mailing Address " City"
4. Grantee (Buyer): t!11(/dr~fA!J2Jd./lJf~
Last / First
o d /...
ailing A dress ' City
5. Date of Salefrransfer Salefrransfer Price
~ 1/ II / r:J r::;j / Ml r; Q I $1' I' ~ n n f()l n ~ ["""": IcY It)l Property r7: ~ County COde
11J ~ LQj liJ ~ ~ LQ!..lJ LJ ~ WLJ U ,O;~ LJ LJ . ~ l!JJ Located In ~ ~ (County Codes on Rever$e)
Month Day Year (Round to the nearest dOllar.)
6. Type of Document D Contract/Agreement i Vi Other 7. Are any mortgages on the property? If .Ves", YES 0 / ' NO
for Deed lAl outstanding mortgage balance:
o ~:::nty 0 g~~claim (Round to the nearest dollar.) SDOOOODono . QQ
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? YES 0 / :,11' I NO
Sale of a partial or undivided interest? Related to seffer by blood or marriage. ~
r:5d ()TtI r,eu.sJ
Corporate Name (if applicable)
/I L 3:)"2 (J.3 ~ OSf .J !>-l// ~'".2 3tJ
State Zip COde hone No.
o
9. Was the sale/transfer financed? YES 0 / 0 NO If "Yes", please indicate type or types of financing:
n 0 Agreement or 0 0
Conventional U Seller Provided Contract for Deed Other
InstitutionaV
Agricultural Miscellaneous Government Vacant
D D ODD 0
OM Cents
11. To the best of your knowledge, was personal property YES / ~ NO $ DODO 0 DO D 0 '~ fQl
included in Ihe sale/transfer? If .Yes", please state the . ~ ~
amount attributable to the personal property. (Round to the nearest dollar.) $ DODO D n fAl() D ~ n I~
12. Amount of Documentary Stamp Tax . ~ LJ:
13. If!:!Q...tM is due in number 12. is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES i 0;
Under penalties of perjury, I declare that I have read the foregoing retum and that the facts stated in it are true. If prepared by someone other
Lthan the taxpayer, hislher declaration is based on all inform ion of whic e/hel h'!,s an knowledge.
Signature of Grantor or Grantee or Agent. Date 11-.3 0 -0 I
WARNING, FAILURE TO FILE THIS RETURN OR A ERN VE FORM APPROVEO BY THE OEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF 525,00 IN AOOITlON TO ANY
OTHER PENALTY IMPOSEO BY THE REVENUE LA OR lOA,
10. Property Type:
Marl< (x) all
that apply
Residential
D
Commercial
~
Industrial
o
Acreage
Timeshare
(To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp
O. R. Book 00000
and DODD
Page Number
and DDDDDDDDDDDDD
File Number
Date Recorded DO/DO/DODD
Month Dav Year
WHITE COpy TO DEPARTMENT OF REVENUE OFFICE
CANARY COpy TO PROPERTY APPRAISER
r;'---.:.:,:'- "
! L::c ,- ,
~ :...:-: :-~.
I
I", '
ORDINANCE NO. 01-~~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING
THE APPLICATION OF KIMLEY-HORN AND
ASSOCIATES; AMENDING ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN FROM
PLANNED COMMERCIAL DEVELOPMENT TO PLANNED
COMMERCIAL DEVELOPMENT IN ORDER TO OBTAIN
APPROVAL OF A NEW MASTER PLAN, PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
('Y)
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said
City; and
WHEREAS, Kimley-Horn & Associates, Inc., as agents for the owner of the
property more particularly described hereinafter, has heretofore filed a Petition,
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of
Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting
of 14.77 acres, said land being more particularly described hereinafter, from Planned
Commercial Development to Planned Commercial Development in order to obtain
approval of a new master plan to construct a BJ's Wholesale club store with ancillary
gas station, a bank, two future retail/restaurant out-parcels and related
improvements as set forth;
WHEREAS, staff recommends that the subject request for rezoning/ major
master plan modification be approved; and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of Boynton
Beach, Florida as set forth as follows:
See Attached Exhibit "A"
(',..}
~,
I:~' ,
e and the same is hereby rezoned from Planned Commercial Development to Planned
ommercial Development to permit the approval of a new master plan to construct a BJ's
holesale Club store with ancillary gas station, a bank, two future retail/restaurant out-
parcels and related improvements as set forth. A location map is attached hereto as
Exhibit "B" and made a part of this Ordinance by reference.
Section 2: That the aforesaid Revised Zoning Map of the City shall be amended
ccordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4: Should any section or prOVIsIon of this Ordinance or any portion
hereof be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon passage.
FIRST READING this eft day of January, 2001.
SECOND, FINAL READING and PASSAGE this I (P day of January, 2001.
, FLORIDA
..
~et_ ~
Commissioner
ATTEST:
,
'tn. p~
erk :>.\\\\\\\11I11I1//I//,
orate S~";ON 8~"9"~
~ ~ ~ .......... 0 ~
~.o....t.~ ~ TEii~-s. ~
s:ca\Ord\BJ's 'f~ ~9evised I /00,%
- LL. :0 ::
~ 0 i~ ,,~
_ ~nvl _
~ y Cbv I ~ ;:
~~ ".....S~
~\) ..~~
~ f\,o #'
~II/, :>.~
7/lllmnl\\\\\\'\
. r \. \ J..
t=X~\n'l
A
LEGAL DESCRIPTION:
Lots C.D and E, LESS existiDs State R.oad R.ipt-oC.Way, stacie 4: tt'u C, D and E. LESS e:dsting State
Road Right-oC.Way, Slock 5; Lots A. B, C, 0 aDd Eo Block 28: loIS A. B, C. 0 and E, Btock 29, PAL.\i
BEACH FARMS CO. PLAT NO 3. according to the Plat thereof on file in tbe OtTice of the Oerk oftlle
Circuit CUlM' ill and for Palin Beach Counl)'. 1=loricb recorded in ptat Book. S. Ptllt' 71. mid lands siruate.
lying and being iD Palm Beach County, flonda.
AND
The 30.00 Cool Road Right-oC.Way lying ill Palm Beach Farms Company Plac No.8, as rKOrded in Plat
Buuk. S. page 73, of the hblic Rccords olPalm Beach Cou.nty, "-iuS described as follows:
Bounded OD the North by tbe Soulh Right-oC. Way line of Boynton Bcaeh Boulevard (S.R. 804), bounded
on the EDt by the West line of Lots C. O. E. Dloclc 4 ond Lots A, 9. C, D. E; Block 29, bouDded Oil 1M
West by the wt line of Lots C, 0, E. Block 5 and Lots A. 8, C, 0, E. Block IS and bounded on the South
by che Easterly extmSion of the South line of Lot E, Block 28. alllyin& in Palm Bncb F:ums Company
Pial No.8.
__JHlLffi ',t .
--12ruJ'Q~b<1FL~'ON ~ij.j
I' la NijU1~~O~ NO^ijN
09:21 nHl 00-82-030
Dec 28 00
12:1011'
Clt~ Rtta~".~'s DF
. '" Ftc@
!
561-742
-&054
p.s
" }'\
6)l~\b~13
~-"-
r '
, l~""
; I
.
.
, I
r'(
I
R1AA
-,'
-,
~O/L9'd
_. ._. .1~LE86~S6 .QtL~.:1
(I! la
NIJU13ciQXtfQ^tlN
lS:21 OHl 00-82-830
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Plllnning & Zoning
Engineering
Occupation/II License
Community Redevelopment
November 30, 2000
Roscoe Biby
Kimley-Horn & Associates, Inc.
601 215t Street, Suite 400
Vero Beach, Florida 32960
Re:
File No:
Location:
.~ ~(~ale'C~'
REZN 00-002
Southwest corner of Boynton Beach and Winchester Park Boulevard
Dear Mr. Biby:
Enclosed is the City of Boynton Beach Development Order for rezoning and master plan
approval granted on November 21,2000.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
~~G
Michael W. Rumpf
Director of Planning & Zoning
MWRlnl
J:\SHRDATAIPlanningISHAREDIWPIPROJECTS\BJ's Wholesale Club (Rezoning)\Developmenl Order Lener,doc
America's Gateway to the Gulfstream
100 East Boynton Beacb Blvd., P.O. Box 310 Bo~'nton Beacb, Florida 33425-0310 Pbone: (561) 375-6260 FAX: (561) 375-6259 -
~
DEVELOP~ 'T'RDER OF THE CITY COMMJ~'('UJ OF THE
l,. r'r ..JF BOYNTON BEACH, FLOR.....A
(14: ~
~~.
&X
PROJECT NAME: BJ'S WHOLESALE CLUB /~
APPLICANT'S AGENT: Roscoe L Biby, P.E./Kimley-Horn & Associates, Inc. /IlJ ~i[}~hl-c-.
APPLICANT'S ADDRESS: 601 21st Street, Suite 4-00, Vera Beach, FL 3296/ .1 NOf/ 2 8 . >~r '
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Novemqer 20,Q09.. ' ii
---'-~-.::::-~: . ,
TYPE OF RELIEF SOUGHT: Rezoning/Master Plan approval
'.-....
LOCATION OF PROPERTY: Southwest corner of Boynton Beach and Winchester Park Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
_ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X 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 reHef sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
--L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
:>.\\\\ \\ 1111/1//1111
~:>\'I\ ~OYNio I//~
~ (. .......... /11 ~
S u ....o~oFli';... 6l-<\ ~
~.)... .~ (\". ". ~
::: I- ;..... a~ J7 =
-. .()-
~ ~ol 10:,",
~~.~~<2;J~ ..... 1920./ g
-s. ......
City Clerk ::- c % ;............~ ,,::.~
J:ISHRDATAIPlanningISHAREOIWPIPROJECTSIBJ's Wholesale Club (Rezoning)ICC 11.21-00 DO,doc 0/1 LOR \ Q ",,:::'-'
1IIIIltlll \ HII \\ \.
7.
Other
DATED:
/~.8~~
t,
.r-
EXHIBIT "e"
Conditions of Approval
Project name: BJS WHOLESALE CLUB
File number: REZN 00-002
Reference' 2 sheets identified as Master Site Plan File # REZN 00-002
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
~
POLICE
Comments: NONE X ~
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
'.
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
-
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: None X
ADDITIONAL CITY COMMISSION CONDITIONS
1. 'to blil QetefRHaea. ~Ne: ~
MWR/dh
J:\SHROATA\PLANNINGISHAREOIWPlPROJECTS\BJ'S WHOLESALE CLUB (REZONING)\REZNCONO, OF APPROVAL.OOC