APPLICATION
"tV/"t",JU~IO'"
OI.:lO.:lO.:lO.:lO.R I
SHUTIS & BOWEN
ATTORNBYS AND COUNSEIl.ORS AfUW
r... POAm-NlllSNIP INCLUDICoIG 'IICP:U510NAwAssocIAnONS)
20 NO 11TH ORANGE A Va"lCJ;
SUl1'€ 1000
ORLANDO. FLORID.... 32801
TIIUl'WONll (407) .'3-3200
FACSIMIL! ,.011 425-0"0
November 8, 1996
via FACSIMILE 813/535-3535
Mr. Lee Allen
First Eagle Developmenta, Inc.
687S Ulmerton Road
Largo, Florida 34541
Re: Quantum Sale to Firat !ag18
DeAr Lee:
Pursuant to our discussion this afternoon, enclosed 1s . copy
ot the executed Unity of Title which I have signed on behalf of
Quantum Associat...
I will contact you and Tim Stefan on Monday a. .oon a. I can
schedule a conterence call wlth Steve Flvel.
JGW/smw
Enclosure
cc: Steven E Fivel, Esquire w/enc~o.ur. (Tel.copy 317/253-7038)
ORlB6 302'1'.1 IJNi
AM5r2I1P#.M 01'1'1<:.
IIURO~A 'OUlIVAIID'~
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LOJo/tlONWIV'.. ENGLANIl
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1600 MIAMI Cll'tnPl
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PQPUSD BY AJm DTURN TOI
JUCBa O. WILtJUU), IIQUlb
.BOTTI 1\ son.
20 II. OlWl'OI AVlNttB - SUUS 1000
OJU.MJ)Op n01UDA 32801
UNITY OF TITLE
In consideration of the issuance of A permit to FIRST EAGLE
DEVBLOPMENTS, IHe tor the construction of FLOWERS BAKERY
WAREHOUSE/DISTRIBUTION CENTER in the C1ty of Boyn~on Beach,
Florida, the undersigned owner hereby agre.s to restrict the us. of
the property described on the attached Exhibit "A" (th. "Property")
in the following manner
1. The Property shall be considered .s one plot and parcel
of land, and that no portion of said plot and parcel ot
land ahall tle sold, transferred, devised or assigned
aeparately, except 1n ita entirety as one plot or parcel
of land.
2 The undersigned further agr... that. this condition,
restriction and limitation shall be deemed a covenant
running with the land, and shall remain 1n full force and
effect, and be binding upon the undersigned, their helr.
and 4s81gns,
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 ot
November, 1996.
QU~~ ASSOCIATES, a Florida
g.n.~.l partnership
By Quantum
Indiana
Genera
an
By:
--- - -.-, ~- -_. r--:-----.
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'tu,..';;lO,", '0"
QI~"~WJ~"~WJ'" ~
STATE OP FLORIDA )
)
COUNTY OF ORANGE )
CFtiJ The foregoing instrument was acknowledqeci before me this
o day of November, 1996, ~y James G. Willard, as Authorized
Agent for QUANTUM SIMON, INC., an Indiana corporation, .1 General
Partner of gUANTt.JK ASSOCIATES, INC., . Florida general put.nerah1p,
on behalf of tha part.nership. He is perlonally (-to me and did
not take an oath. ~
.. \
,~
Sel/'Ul/A-/h uJ'I/t~J
Typed or Pr lnteC1 Naml of Notary
My commie.ion expire.,
Serial No., it any:
Ie OTA AL
SRRENA M WlL.LIAMS
NOTARY Pl.reuc 5TATil Of FLORIO
COMMlSSION NO. CC<<0934
MY COMMISSION P. FEB. 22.1999
0Rl.H 2liJ841.1 8ItMi
-2-
- .-..------..-....--.
...,..", "",.vvV' ".
THE PROPERTY
BEGINNING AT nm SOtmmAST C01lNE1l OF LOT 46A
OF QUANTUM PARK AT BOYNTON BEACH, P.ID. PLAT
NO. 10, RECORDED IN PLAT BOOK 60, PAGE 34-36,
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLOIUDA,
1HENCB N 800 50' '4" W ON 1HB soum LINE OF SAID
LOT 46A . distlDce of 82.16 feet,
THENCB N 010 09' 05" B PARALLEL TO THE EAST LINE
OF LOT 46A 8 distance of 273.33 feet to the North line of said
Lot and the South ript-of.way liDe of Park Ridge Blvd,
TliEN'CE N 82G 02' 36" E ON THE SOtITH LINE OF PARK
JUDGE BOULEVARD a distance of 70.54 feet to the beginning
of a curve concave to the South having a radius of 2944.18 feet
and a central angle of 020 29' 17", an arc distance of 127.85
feet,
THENCE SOlO 09' OS" W Ilona tline 232.99 feefwest of
and parallel to the centerline of Beta Drive a distance of 301.99
feet,
THBNCE N 880 SO' 54" W . distance of 114.13 feet to the
Point of Beainnlna.
BEING PART OF LOTS 46A. 47A AND 47B. CONTAINING
1.30 ACRES MORE OR LESS AND SUBJECT TO
EASEMENTS AND RIGHTS OF WAY OF RBCORD.
EXHIBIT "A"
SPRING ENGINEERING, INC.
ENGINEERING · LAND PLANNING · ARCHITECTURE
August 28, 1996
Via AIrborne Express
Arrbill No. 3~3521571
CIty of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
100
'.
III
w rn r'
I
alft !.
1UJ21196 ~;
ATTENTION
Jerzy Lewicki, CIty Planner
PLANNING AND
ZONING DEPT.
REFERENCE.
Flowers Bakmg DlstIbutIon Center
Quantum Park, Boynton Beach
S20/T45/R43
SIte Plan No NWSP 96-006
SEI #9526
SUBJECT
Easement Abandonment
Dear Mr LeWIclG.
On behalf of First Eagle Development, Inc, we are requestIng to vacate the 15' WIde
easement strIp that protrudes m the mIddle of the proposed south property lme and
extends 11648' deep to the center of the proposed lot where It is termmated. ThIS
easementIsoverlappingWIth the proposed buildmg, one storyC.M.U 18' heIght, 7,000 S.F
located in the mIddle of the property to comply WIth the CIty requirements, to proVIde
setbacks, buffers, landscape, driveways, and retentIon pond. Toward that end please find
the follOWIng'
1 A check in the amount of $50000 ApplIcatIon Fee
2 Three (3) copIes of the ApplIcatIon
3 Three (3) copIes of the Legal DescnptIon
4 Three (3) copIes of AuthonzatIon Letters.
5 Three (3) copIes of the Sales Agreement.
6 Three (3) copIes of Survey DraWIng, Sheet Cl
7 Three (3) copies of proposed SIte Plan Drawing, Sheet C2
8 Three (3) copIes of a Letter from F.P.L. and correspondence
letter from Mr James G Willard, Esquire WIth Shuts & Bowen
to address theIr concerns.
3014 U.S. Highway 19
Holiday Florida 34691
(813) 938-1516
Fax: 942-4174
City of Boynton Beach
ATT Jerzy Lewicki, City Planner
August 27, 1996
Page Two
9 Three (3) copIes of a Letter from Bell South.
10 Three (3) copies of a Letter from Com cast CommunIcations.
11 Three (3) copIes of a Letter from Florida PublIc UtilIty
Flow Gas Line
12 Three (3) copIes of a letter submitted to the CIty of
Boynton Beach, UtilIty Department requestIng the abandonment.
13 Three (3) copIes of the property owners lIst withIn 300' of the
subject proposed property lInes.
Time is of the essence for thIS proJect. I would apprecIate it if you would process thIS
application with the SIte Plan ReView and the Dnveway Variance ApplIcatIon ReView agenda
and meetIng schedule as soon as possible
Should you have any questIons, please do not heSItate to contact our office
SIncerely,
SPRING ENGINEERING, INC.
t>, -- _._'~ ---'-'-
--cJ- -- -~-,- - ,- - ,-
~'
Sarneh K. EI-KholI, P.E.
Vice PreSIdent Engtneering
SKE/sh
Attachments (as lIsted)
cc: Tim Stefan (Via fax (813)535-3535)
Jim Willard (Via fax (407)425-8316)
TO-
ATT
DATE
PAGE NO
Cily of Boynton Beach
jcrzy I.cwikic
A/J~USI 22, 1996
Two
Katalfumo Con'\tructlon
1 :)40 l.atham Road
West Palm Beach, FL 33409
(407) 471-0338
Safety-Klcan Corporation
:)610 Alpha Dnve
Boynton Beach, FI 33426
(,>() I ) 7'16-1 '1 '19
Puhllx DlstnhutlOn Center
5500 Park RIdge Blvd
Boynton Beach, FI 33426
(407) 369-7900
Packagmg Concepts AssocIates
5700 Lakeworth Road, SUlte 205-B
I .akeworth, FI 33463
( 407) 965-1 ] 30
Mr Steven Fivcl, Fsqmre
Quantum AssoClates
] ] 5 W Washmgton Street
IndIanapolis, IN 46204
(317) 263-7936
School Board of Palm Beach County
~~08 FornI 11111 Blvd
Wcst Palm Bcach, FL 33406
(407)434-8] 26
I.akeworth Dranage DIstnct
I ~08] MIlItAry TraIl
Delray Bcach, FI 33484
(56] )498-5363
Canada Dry
4895 Park RIdge Blvd
Boynton Bcach, FI 3'i426
(561) 7'i6-17'i9/ (56] ) 737-8175
T' S f: (, f: .u.r-:3r-: 3r-:3r-:)
cc 1m , te an Vla ax 1t,), ,)-. ,), ,)
.Inn Willard (Vla fax #407-425-9316)
If you do not receIVe all 2 sheets, or If you have any questIOns, please call (813) 938-1516
APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE
This form must be filled out completely and accurately
and must accomp~ny all npplications submitt9d to the
planning Department (Three C3l copies of application
are required )
PROJECT NAME
FLOWERS BAKERY WAREHOUSE/DISTRIBUTION CENTER
AGENT'S NAME
SPRING ENGINEERING, INC
AGENT'S ADDRESS
3014 U S HIGHWAY 19
HOLIDAY FL 34691
AGENT'S PHONE
(813) 938-1516
OWNER'S NAME
(or Trustee's)
QUANTUM ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP
OWNER'S ADDRESS
321 UNIVERSITY DRIVE
PLANTATION, FL 33321
OWNER'S PHONE
(305) 476-7005
PROJECT LOCATION (NO ADDRESS) PARK RIDGE BLVD
(not legal description)
BETWEEN ALPHA & BETA DRIVE
QUANTUM PARK, CITY OF BOYNTON BEACH
CORRESPONDENCE
ADDRESS *
(if different than
agent or owner)
* This is the address to which all agendas, letters and
other materials will be forwarded
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City Commission to
vacate, abandon, and discontinue the,
(check one)
(
(
(
(
ALLEY
STREET
SPECIAL PURPOSE EASEMENT
OTHER NONFEE INTEREST OF THE CITY
x
as described in attached Exhibit "A", and to renounce and
disclaim any right of the city and the public in and to any land
in connection therewith
said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately Each
application so filed shall be complete in every respect
The undersigned hereby certify
1 That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned,
including where possible a plat map or drawing showing the
general area and location involved, is set forth in Exllibit "A"
attached hereto
2 That the title or interest of the City and public in and to
the specific property interest described above was acquired and
is evidenced by,
(check one)
) DEED
X ) DEDICATION
) PRESCRIPTION
PLAT #10
Recorded in ~T1TM PARK AT RfWNTON RFACH. PTP Book
and Public Records of Palm Beach County, Florida
60 , Page 3J.-3p
3 That no similar application has been considered by the city
at any time within six (6) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their
property and no other property owners in the vicinity will be
adversely effected
4 That the above described property interest is under the
control and jurisdiction of the city Commission of the City of
Boynton Beach, Florida, is not a part of any state or federal
highway system, and was not acquired or dedicated for state or
federal highway purposes
5 That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above
NAME
FLORIDA POWER & LIGHT
PLEASE SEE ATTACHED LETTERS AS
I.
FOLLOWS
ATT MR DAVID WEDA
1
F P L
9329 SOUTH MILITARY TRAIL
2
BELL SOUTH
BOYNTON BEACH, FL 33436
3
COMCAST COMMUNICATIONS
4 FLORIDA PBULIC UTILITY FLOW
GAS LINE
5 REQUEST TO CITY OF BOYNTON
BEACH UTILITY DEPARTMENT
ADDRESS
6 That the following grounds and reasons are submitted in
support of this application
WE ARE PROPOSING TO CONSTRUCT A C.M U 18' HIGH, 7,000 S.F FLOWERS
BAKING COMPANY WAREHOUSE/DISTRIBUTION FACILIlY ON 41.3 ACRES LOT
THE PROPOSED BUILDING LIES AT THE MIDDLE OF THE PROPERlY TO
ACCOMMODATE REQUIRED SETBACKS, BUFFERS, DRIVEWAY WIDTH, PARKING
,
STALL DIMENSIONS, LANDSCAPE AND RETENTION POND THE 15 WIDE AND
11668' LONG EASEMENT STRIP EXTEND THROUGH THE SOUTH PROPERlYLINE
AND OVER-LAP WITH THE SOUTH PORTION OF THE PROPOSED BUILDING AND
TERMINATED THERE. THE LOT CAN NOT BE DEVELOPED WITH SUCH AN
EASEMENT PROTRUDING IN THE MIDDLE FROM THE SOUTH PROPERlY LINE
AND TERMINATED IN THE CENTER OF THE PROPERTY
DATED ~8/96
APPLIc,(:;.r; ~ (PLEASE SIGN)
TIMOTHY P STEFAN, PRESIDENT
FIRST EAGLE DEVELOPMENT. INC.
ADDRESS
6815 ULMERTON ROAD
LARGO. FL 34641
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above name applicant(s) being first duly sworn~me the date
and year above indicated, deposed and stated that c...J!P- are~
the applicant(s) in the foregoing Application to Abandon/Vacate,
that they have read the same and that the facts therein set forth
are true and correct to the best of their knowledge
My Commission Expires
e8/06/1996 11 36
8135:
DEVELOPMENT OF
PAGE 01
..
AGREEMENT FOR SALE AND PURCHASE OF PROPERTY
THIS AGREEMENT FOR SALE AND PURCHASE OF PROPER.TY is made this ~d~Y of
April, 1996, by and between FIRST EAGLE DEVELOPMENTS. INC., a Ftonda corporatIon, haVing a
mailins address at 6875 Ulmerton Road, Largo, Ronda 34641 (the "Buyer") and QUANTUM ASSOCIATES.
a Florida general partnership, haWlg a mailing address at 321 N. Uliverslty Drive, Plantabm, FL 33324 (the
"Seller").
1 LEGAL DI:SCRIPTION OF PROPERTY:
All that certam parcel gf land and aU IInprowmcnts on such parcel, if any, situated In Quantum
Corporate Parle constituting a portion of Lot 48e fronting on Btu Onve. City of Boynton Bead1, County of Palm
Beach, State of Florida ~ining approximately 1.30 acres and whOle descnption IS set forth on Eldlibit A
atw:hed hento and is hereafter referred to in this Agnlematt as the "Property"
The BU)W will prOVIde a survey SClns forth the legal description of the Property and cJc(ermining the
total square foocaae contained in the Property The Total Purd1ase Price shall be $4.50 per gross square footage
of land contained withm the Proporty as such square footage is shown on the ccrt1fled Survey to be prepared by
the aUF in accordance WIth Paragraph 6 (e). Following delivery of the Survey to Buyer, the partJes will confinn
tho TcW Purehue Price In writing.
2. PURCHASE PRICE AND TERMS OF PA YMErn':
(a) Earnest money deposit ("Depositj to be delivered to and held by Buyer's
attorney or the Title Company ("EsaO\.V Agtntj. upon the Effec:tive Date
of this AsJ'eement. The Deposit shall be placed in a non-interest
bearing acoount. $ JO,OOO
(b) Cash due at Closing (adjusted plus or minus
to nflect prorations and dosing costs)... $244,826
(e) Total Purchase Pnee.. $254,826
(d) At Closing. tllO Deposit [and any other depo$it(s) whidl may be made by the Buyer Wlder this
~] win be disbursed by tho Escrow Agent to the Seller and applied against the Purchase Pnc:e,
and BU)'er will pay the balance olthe Purc:hase Price by cash, certified check. attorney's tNst fund check
or wiNd fUnds.
3 ~CCEPTANCE OF AGR....RMIi'..NT - EJl1I'ECI'lVE DATE:
(a) AceeDtaDt~ Ths Aareement shall be of no force and Cfect unless Seller and Buyer OJ(eeute
this Asr-nw and the last party to sign COI1Ul'U1icates the fact of execution to the other party on or before .s PM
on April S, 1996.
(b) Effecci'Yc Date. The Effective Date of this Agreement shalt be the Jast date any of the pal1les
executes the A3reem4lnt and ".ch date shall be entered into the introductory para&18ph on Page t
4 CONVEYANCE AND T{rLE:
68/66/1996 11 36
8135:-
DEVELOPMENT OF
PAGE 62
,
/
(1) No IWc,riatioa. Neither this ~ I'IOr any notice or memorandum thereof shall be
recorded U1 tho public records of any jurisdidion.
(m) EIlCir-e A~reelllellt:MDcIl'caci'L This Agreement embodies and constitutes the entire
understanding tMtwe.1 the parties with respect to the ttansactJon contemplated herein. All pnor or
contemporaneous asreements, understandiny, repres~ons, and statements, oral or writt$l, are merged Into
this Agreement. Neither this Agreement nor any provision hereof may be waived, moditied, amended, discharged,
or tennanated except by an mstnl1nent In wnting sig,wt by the party against which the enforcemmt of sum
waiver, modific::ation, amendment, discharge or termination is sought, and thal only to the extent set forth in such
l~,
Jr.XRlRrrs.
otherwise indic:Med:
The following Exhibits are attached to tJus Aareement and made a part of it, unless
SMibit A.
Exhibit B
lApl Description or Property
PermiUecf Bxcepticns
.IN wrrNESS WHEREOF, the parties hen:to have oxoctted this Aweement as of the day and year set
forth on Page I
WlTNESSBS AS TO SBLLER
"SBLLBR ..
~~1P
~~~
QUANTUM ASSOCIATES
~yAiC-A
"
~/Jlf'~
Date;
WITNESSES AS TO BUYER
"BUYER."
~~~~
~ ~.t&._
nRST EAGLE DEVELOPMENTS, INC.,
ar/ration
By /"" ~ //{..f -
,
Date: 'Jh"1 Au
12
-
FIRST EAGLE DEVELOPMENTS, INC.
6875 mmerton Road
Largo, FL 34641
(813) 531-2897 (813) 535-3535 Fax
LETIER OF AUTHORIZATION
This Letter hereby authonzes SPRING ENGINEERING, INC. as a licensed engmeer (or their
agents) to act as our agent to represent us and act on our behalf regarding the fihng and secunng approval
for any penmts and/or hcenses with the City of Boynton Beach, Palm Beach COWlty, the South Flonda
Water Managment Dlstnct, or any other agency, office or company that IS not menttoned m connectJon
With our development of the specific project locatton hsted below
OWNER NAME:
First Eagle Developments, Inc.
6875 Ulmerton Road
Largo, FL r I
!-~
AUTHORIZED BY
By'
Timothy P Stefan
President
STATE OF FLORIDA)
COUNlY OF PINELLAS)
,~
[ hereby CertifY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared TIMOnIY P STEFAN known to me to be the person described in and who executed the foregoing
instrument, who acknowledged before me that he executed the same, and an oath was not taken. Said person is personally
known to me.
.t7T"
Witness my hand and official seal in the County and State last aforesaid this day of March, 1996.
NOT~J? ~
.lE~lJ y R /)L.LEA/'
Printed Name
~'1 PlI. LEROY R. ALLEN
~&~ COMMISSION" CC 3&1a7$
:. ~ eXPIRES FEB to, ll~g.
"" ~ BONOI!O nlAO
'1>fOf 1C\.'f9' ATLANTIC BONDING CO., IN'.
SPRING ENGINEERING, INC. REPRESENTATIVES.
Richard M. Beclosh
Sameh EI-Khoh
PROPERTY LOCATION
A portlon of Lot 48C m Quantum Corporate Park
fronting on Beta Drive, City of Boynton Beach, Cowty
of Palm Beach, Florida consisting of approx. 1.3 acres.
a:copulh
..r-'..-
...-..
.IOMpIl M. Tuell.... P,L.S.
\.-.
~ .
SURVEYORS !
Cj6Z/p
,.
I )" BOUNDARY IUIWIV8
, ,MORTGAGE IUfI'VEYS
c;..STAUCTlON LAYOUT
I 4~"r,
310 SOUTH FEDERAL HIGHWAY P.O. BOX 759 BOYNTON BEACH, FLORIDA 33425
BOYNTON BEACH Phone (407) 737-8546 · Fax (407) 734-7548
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF LOT 46-A OF
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 10,
RECORDED IN PLAT BOOK 60, PAGE 34-36, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THENCE N88 50' 54 - W
ON THE SOUTH LINE OF SAID LQT-46-A A DISTANCE OF
82.16-FEET, THENCE NOl 09'05-E PARALLEL TO THE EAST
LINE OF LOT 46-A A DISTANCE OF 273.33-FEET TO THE
NORTH LINE OF SAID LOT AND THE SOUTH RIGHT-OF-WAY
LINE OF PARK RIDGE BLVD., THENCE N82 02' 36-E ON THE
SOUTH LlNEOF PARK RIDGE BOULEVARD A DISTANCE OF
70.54-FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 2944. 18-FEET AND A CENTRAL
ANGLE OF 2 29'17-, AN ARC DISTANCE OF 127.85-FEET,
THENCE SOl 09'05.W ALONG A LINE 232.99-FEET WEST OF
AND PARALLEL TO THE CENTERLINE OF BETA DRIVE A DISTANCE
OF 301.99-FEET, THENCE N88 50'54.W A DISTANCE OF
114. 13-FEET TO THE POINT OF BEGINNING. BEING PARK
OF LOTS 46A, 47A AND 47B.
CONTAINING 1.30 ACRES MORE OR LESS AND SUBJECT TO
EASEMENTS AND RIGHTS OF WAY OF RECORD.
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