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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'~ !lIU #.11 AIIlSnl'IDAM. TltI NUHERlANDS tw\.l"!iONB 011.'l!D-ttl -c.tI, "ACSIMIU 0' '.3110.....14" "BY LA llGo O""CI! 00"11 1\IIUP ':tl"J II OCE"'N lEI" IlIUYi ,\.'tT.~. Oc.....~ 1111" P!AlA XIV LARGO. Ft.0ll10.... "OS' TJ\.I1KONl :aotIl U"'18' LONDON O'P1C1 .a foiOW,"l'S'TIIUT LOJo/tlONWIV'.. ENGLANIl "'l.""OIlI 011.44' J\ ~~...~ ,....C;SIWU 0' 1."111-40"4111 !\flAM I O'''CI 1600 MIAMI Cll'tnPl 201 :-CUT" IIISCAr-f! aOULrv...IID M''''WI. 1'\.O1\1l,)'" '3151 MIAMllJOIl_._ '"010' AIID IWI ..'...., ,....CSIUll.. tJOfl MHUJ WESTI'#.l.M DIAtH omeB ON! CLUIILAKE CI/'ll1ll. SlJrrB 3M UO Al'smUAN AVINUIIOUTM wnT ''''lM ....Clt 1'1.01111>"'_' ~AIUNC: AOOII55.. O. lOX '55' >nIT "AIoM IBACK. PUlllltl... U.ON_ Tn.l"HON.I40n"'~ It"CSIMIl..I.Cl7l-.1UO '-.-r-T .,..... "T..f1IWVIV 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--:-----. _ -r... 'fl. .,.. v nl't1 , '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. '/ pI JI~ r ~' ~ ,f ,.AV ( ~ - ()? I Y f 'c -tip y