APPLICATION
.
PROJECT NAME' QUANTUM BUSINESS CENTER
LOCATION' North of the intersection of of Gateway Boulevard and Quantum Blvd.
Quantum Park DR!
I FILE NO. ABAN 00-001 I TYPE OF APPLICATION:
Abandonment! Easement
AGENT/CONTACT PERSON OWNER/APPLICANT
Winston Lee & Associates, Inc. Gateway Business Park, LLC
PHONE (561) 689-4670 PHONE (561) 1-877-945-9791
FAX. (561) 689-5559 FAX. (954) 969-5582
ADDRESS 1532 Old Okeechobee Road, ADDRESS 2100 Park Central, North, Suite
Suite 106 800, Pompano Beach, Florida 33065
West Palm Beach, Florida 33409
DATE.
SUBMITTAL / RESUBMITTAL 4/20/00
1ST REVIEW COMMENTS DUE
PUBLIC NOTICE Publish May 29, 2000 .jot"
1"
Due in City Clerk's Office. May 1', 2000
TRC MEETING
PROJECTED RESUBMITTAL DATE
ACTUAL RESUBMITTAL DATE
2ND REVIEW COMMENTS DUE
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD 6/13/00
MEETING
CITY COMMISSION MEETING 6/20/00
COMMENTS
~,
APPLICATION ~CEPT~E DATE
FEE PAID ' n. 0
~
l-~'A.n- a)-co I
RECEIVED BY STAr;:F Mc....J:3.c..K 1A-
RECEIPT NUMBER
NOTE This form must be filled out completely and
applications submitted to Planning
application are required )
~r;- &rn; ~~?
APPLICATION TO ABANDON/VACATE I.A .A~ '->~'';;'~~,
BOYNTON BEACH PLANNING DIVISIO 'r~<O
APPLICATION INFORMATION FORM "~..~.~" '~;--.......
'.J.:,tPfJ -....
accurately and must ~~-
and Zoning (Two(2) cOP
all
of
PROJECT NAME
Ouantum Park Businp-~~ Cenrp-r
AGENT'S NAME
Winston Lee, ASLA, AICP/Winston Lee & Assoc., Inc.
AGENT'S ADDRESS
1532 Old Okeechobee Road, Suite 106
West Palm Beach, FL 33409
AGENT'S PHONE
561-689-4670
AGENT'S FAX
561-689-5559
OWNER'S NAME
(or Trustee's)
Gateway Business Park L.C.
OWNER'S ADDRESS
2100 Park Central Blvd North, suite 800
Pompano Beach, FL 33065
OWNER'S PHONE
1-877-945-9791
OWNER I S FAX
1-954-969-5582
PROJECT LOCATION
(not legal description)
North of the intersection of Gateway Boulevard
and Quantum Boulevard in the Quantum Park DRI
CORRESPONDENCE
ADDRESS *
(if different than
agent or owner)
. This is the address to which all agendas, letters and other materials will
be forwarded
1
APPl .ArION 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)
x
ALLEY
STREET
SPECIAL PURPOSE EASEMENT
OTHER NONFEE INTEREST OF THE CITY
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 Planning and Zoning in duplicate and
applications involving more than one of the above listed non fee interests shall be
filed separately Each application so filed shall be complete in every respect
Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project
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
Exhibit "A" attached hereto
2
That the title or
property interest
(check one)
(
(
(
interest of the City and the public in and to the specific
described above was acquired and is evidenced by,
) DEED
) DEDICATION
) PRESCRIPTION
Quantum Park @ Boynton
Recorded in Beach P I D plat No 3
Records of Palm Beach County, Florida
x
, Page 29-31
~6M 60
, and Public
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 not other property owners in the vicinity will be
adversely affected
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
6 The names and addresses on labels and/or addressed envelopes of the owners and
occupants of abutting real property and 1st class postage (stamps or pay for
required postage)
2
N.~ly1E
ADDRESS
2100 Park centr~l rllvd North #800
Pompano Beach, FL 33065
Gateway Business Park L.C.
7 Verification from each affected or potentially affected utility company that
they have no interest in the vacation/abandonment, or, if they have present or
future interest, proposed easement documents protecting their interests (See
attached Utility Company list) (ALL UTILITY COMPANY RESPONSES MUST BE INCLUDED
WITH APPLICATION SUBMITTAL) ~
8 Obtain a survey of the street (or easement)
9 Obtain a title opinion (ownership and encumbrance report) from a title company
10 That the following grounds and reasons are submitted in support of this
application
This proiect received site plnn npprovnl from the ~ity rommi~~ion on
April 18, 2000. A condition of approval required the abandonment of this
easement
There are no utilities located within this easement and
all applicable service providers have indicated they have no objections
to this abandonment
DATED : ~ 20 00
AP
EASE SIGN)
ADDRESS
1532 Old Okeechobee
wP~t Pnlm RPn~h, F'T.
Road #106
1340g
Winston Lee, Agent for Owner
"-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me theQ~~~~d year above
indicated, deposed and stated that L he _ are,@) the ~) 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
~/1UBL~da
My Commission Expires
S \PLANNING\SHARED\WP\FORMS\APPS\ABAN\ABANDON-10/15/98 WPD
3
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'''OF~
1-800-3-NOTAllY
JON! S. BRINKMAN
MY COMMISSION # CC 7".A284
EXPIRES: 06/1612002
Pl.. NOW)' S<<vica .t BondinJ Co.
FROM UNITED DREDGING CORPORATION
-IU''1t: NO. 5614960052
A
p-.- 200121 1219 54PM P2
.......",..\,ft.L:.J..-..'t. ~~I~~_...
....,...;=
MaMl7-28H 03 17p. 00-081641
ORB 1 1646 Pg 506
Con 2, 1392, .. 00 Doc 20, 950. 311
'18IH."'11 UNtil O......llt.
Tlus Instrument Prepared by,
Record and Return to /
Mark 1. Aronson, Esq V 6
Holland & Knight LLP
701 Brickell Aven~e, Suite 3000
MiamI, Florida 33131
SPECIAL WARRANTY DEED
Tlus SpeCIal Warranty Deed is made by COSMO INTERNATIONAL
CORP., a Florida corporation formerly known as BGl Industries Inc., a
Florida. corporation ("Grantor"), whose address is 1441 S.W SSM Place, Fort
Lauderdale, Florida 33315 to GATEWAY BUSINESS PARK L.C., a Florida
limited liability company ("Grantee"), whose address IS 2100 Park Central Blvd.
North. Suite 800, Pompano Beach, Florida 33064, and whose Tax I.D number is
Grantor, for and in consideration of the sum of Ten And No/IOO Dollars
($10 00) and other good and valuable conslderation paid to Grantor by Grantee, the
receipt and suffiCIency of wlnch are hereby acknowledged, grants, bargains, sells
and conveys to Grantee, Grantee's heirs, successors and assigns forever, the
following described land, situate, lying and being in Palm Beach County, Flonda.
Lots 32, 88, S4A, 34B, So, S6, S7 and 38, QUANTUM PARK AT
BOYNTON BEACH, P.I.D. PLAT NO. 31' according to the Plat thereof
on file in the Office of the Clerk ot the Circuit Court in and tor Palm
Beach County, Florida., recorded in Plat Book 60, Page 29, said lands
situate, lying and being in Palm Beach County, Florida.
Folio No. 08 43 45 17 09 000 0320 (as to Lot 32),
Folio No. 08 43 45 17 09 000 0330 (as to Lot 33)
Folio No. 08 43 45 17 09 000 0341 (as to Lot 34A)
Folio No. 08 43 45 17 09 000 0342 (as to Lot 34B)
Folio No. 08 43 45 17 09 000 0350 (as to Lot 35)
Folio No 08 43 45 17 09 000 0360 (as to Lot 36)
Folio No. 08 43 45 17 09 000 0370 (as to Lot 37)
Folio No. 08 43 45 17 09 000 0380 (as to Lot 38)
FROM UNITED DREDGING CORPORATION
-IlJI'lE NO.
5614'360052
A
2000 09 55PM P3
_.........,.-..i"""M ,!","S,l~I"""""
ORB 1 1 646 Pg 5107
Together With all strips, gores, easements, privileges, rights receIved under
any released of deed restrictIOns or deed reservations, tene11\ents, hereditaments
and appurtenances belonging to the land, and
Together With all of Grantor's right, title and interest, If any, m and to the
streets, avenues, roads, ways, alleys, waterways and canals, open and proposed, m
front of or adjoining the land,
To Have And To Hold the same in fee slWple forever
This oonveyance is made subJect to:
(a) Taxes for the year 2000 and subsequent years;
(b) Applicable zomng ordinances,
(c) ConditwIl5, l'estnctio:a.s, Ihnitations and easements of record identified
on Exhibit "A", which are not reimposed by this instrument;
Grantor covenants that at the time of delivery of tms deed, except as
described above, the property 18 free of any encumbrance made by Grantor, and
Grantor specially warrants the title to the property 1 and will defend it against the
lawful claims and demands of all per&Qns claiming by, through Or under Grantor,
but against none other
Gra.ntor represents and warrants that the laud is not and never has been
GRA1'\ITOR's residence or homestead, as that word is defined in the Constitution of
the State of Florida.
Grantor has duly executed this instrument on the ~day of March, 2000.
SiKIled, sealed and delivered
in the presence of:
COSMO INTERNATIONAL CORP., a
Florida corporation flkJa BGI
Indust:nes Inc., a Florida corporation
~lMA~
Name: )1.d...(-t A.
Br~~/
Edwaxd L. Cabral. Vice President
2
FROM UNITED DREDGING CORPORATION
l-IL. ,C NO. 5614960052
A
""'" 2000 09 56PM P4
_._.~..\.""~-:"~-~~..
-_...........-.._"...............~
ORB 1 1646 Pg 506
STATE OF FLORIDA )
) SS
COUNTYOFBROWARD )
The foregoing lnstrument was acknowledged before me tins 2nd day of
March, 2000 by Edward L. Cabral. Vice President of Cosmo InternatIonal Corp, a
Florida co oration fIkIa BGI Industries Inc., a Florida corporation. ~'IS
personally known tome r who has produced
as identIfication.
jU{fL.A~ ~ La-
Notary Public _
Name. Ll Co.,.. . &'- t- (" I 4l.-d WI ,""""",
Commission No.
11J.~ssion expires:
-I 0: '" MMa FrWdmlln
* "'Eiii! * MyC~ CC58liGOII
....,~,.,'I: Ii'lCpiras~ '5.2000
~ 'F .......
MIAl #913035 v1
3
FROM UNITED DREDGING CORPORATION
'h.::. NO. 5614960052
p
~ 2000 09 56PM P5
.a.l"....~ .J._.A."~"~:~V~'*"
.... ....... _.......1...
ORB 1 1646 Pg ~0'9
DOROTHY H. WILJ<EN, ClERK PB COONTY, FL
EXHIBIT "A"
a) RestnctlOn$ and easements as contained in the Plat of QU8.Jltum Park at
Boynton Beach, PJ.D., Plat No.3, recorded in Plat Book 60, at Page 29, of the
Public Records of Palm Beach COlUlty, Florida.
b) Restnctxons, covenants, conditions and ~aeements, which include provisions
for a private charge or assessment, as contained in the Declaration of
Protective Covenants of Quantum Park at Boynton Beach dated October 14,
1987, and recorded October 15, 1987 m OfficIal Records Book 5450, at Page
1105, together With the amendment, as recorded In Official Records Book
6393, at Page 218, all of the Public Records of Palm Beach County, Flonda.
c) Adoption of Development Order recorded May 2, 1985 m OffiClal Records
Book 4534, at Page 1728, modifications recorded in Official Records Book
4965, at Page 619; Official Records Book 5090, at Page 510; Official Records
Book 5584, at page 1273; Official records Book 9679, at Page 532 and Official
Records Book 11378, at Page 1831, all of the Pubhc Records of Palm Beach
County, Florida.
d) Assignment of Reservations as set forth In instrument dated March 1, 1994
and recorded March 9, 1994 in Official Records Book 8168, at Page 1324, of
the Pubhc Records of Palm Beach County, Florida.
e) Reservations in favor of Trustees of the Internal Improvement Fund, as
contained in instrument, dated August 20, 1954 and recorded September 14,
1954 in Deed Book 1065, at Page 421, of the Public Records of Palm Beach
County, Florida. The nght of entry has been released pursuant to Florida
Statutes 270.11 (1995).
4
nRIr.J1II1I1
AL TA Ownollr's POlicy (10-'1'92) FIlC6 P!lgoll
with Florida Modifications
Form '1' go..21
Valid Only If Schedules A and B ..nd Covl:r Arc Auaehed
.1
-"
EXCLUSIONS FROM COVERAGE
The fQl10wing mallCTS are cltpre1Ololy cl(~luded from the coverap,o or Ihis policy amllllc Com:>al'l)l wi!! 1'\01 pay loss or dal'nalle. ~O~IS, atlorncy~'
fecs or cxpenses wl1icn ilrhc by reason or,
\3) Any I"w ordinanct Qr govcrnmcnlnl rCllulllllon (including bUI nOI limited 10 building and zoning laws. ordinances, or regul.ltions) rcslrl~lin8.
rellulaline. prohibitinll at reialing 10 (i) the occllj)nm:y \\5e, or enjoymCIIl of ttle land: (in Ihe cMracter dimen~iona or loealion or any improvq.
ment noW Or herQ"fu:r er~led on Ihdand; (Hi) II separation in ownership or a change in the dimensions Or are3 or the land or lny pllrcel of
which the I~nd i~ or 'Na~ a p;JfI. or (iv) environmt'nlill proleclion. or Ihe urrecI of any ~iolallon 01' tl1e.;( laws. onJin'lnccs or iovcrnmetllal regula-
lions, execpI to lhe exlent IlIal a nQt~ce of the enforcemelll Ihereof or a nOliCe of 1\ defect Hen Qr encumbranee rcsulling from II violation or
all"lled viols[ioll affecting [Ile land has been recorded in the pub'ic records Dol UlIle or Policy
(b) Any governmenlal poli<-e power not exdulled 0)' (a) above excepllo Ihe eJllent Ihsl il nOlice or' the exercise thereof or a flolice of a defect
lietl or encumbrance resulring rroln ~ violation Or alleged viol..tion arrectlnll the land has been n:corded in lhe public rtcords al OllIe of Policy
2. Rif;hll of eminem dom:tlll unleSS 1Iolice of Ihe exercise thercor ha~ been recorelc'Ll in Ihe public records at Dale of POlicy but nOI el'cludir.~
(rolll coverage all)' taking whkh has occurred priot lO Dale of Pulicy which wOllld be bindin8 on the righls of a pllr~hasC1r for ~t\lu~ without
knowledge.
3 Derect." Iienh .encumbrances, adverse claims or other lIliLtters:
(a) I:realed, ~ufrcred. lls~umed or agreed Ii) by Ihe inS\lrcd claimant,
(b) not kn()wc) 10 the Company nOI recordell in [he I't;blic records al Dale of Folicy \JUI known 10 the insured claimant nnd nnl disclosed
in wriljnll to the Company by the: insured claimanl prior 10 Ihe d;lle thl: insured ~lil.jmanl became lU, insured und... lhis I'Qliey;
leI re.,ulling in no IQ"S or clamn!:e to the in.,ured elnimnnl
(d) allaching or Creale:! wb.equellt lQ Date of Policy; or
(e) resulting in loss or damage which would not hll\'1I been sustained if 1 hc insured claimant hlld "aid value ror Ihe qnale or intere:sL jn~ured
by Ihis volicy
4. Any claim, which llri$~5 OUI of lhe transacLion vesting in Ihl In.'!lred the enate or interest insured by this policy by reason of the operation
of reder'll bankrupu:y Slale insolvenc;y Ot silTlU;l.r creditors' rillhls lilWi, that is based on:
(a)th.e tr~nsaction creating lhe c.~(at~ or inl~rCl<t inSured lJy chis policy bL-irg deemed a fraudulent conveyance or fraudulent lrans(cr; or
(h) the Iransaction cn~alinll the eMate or intcrest if\~ured by Ihis policy being deemed a !)\'eferenliallransfer el\cept whllte Ihe preterenti~llrallsfer
resul[s from the failure:
(i) 10 limely record the hUlrumqnl of Iransfer; Or
(ii) of such re;;ordatioll to imparl notice 10 II purch:aer fot ~alue Or a jud3mcnl or lien creditor
Chainll:l11 tll1d Chlcf F.llccUlivc. OrnCc.r
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Attest: ,2;>..-..( ?
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By'
COMMONWEALTH LAND TIn.E INSURANCE COM}>ANY
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! ~l SUBJECT TO THE EXCLUSIONS FROM COVI;'.RAGE, THE EXCEPTIONS FR.OM COVERAGE CON'r AlNED Il'i SCHF.,DULE BAND
im tHE CONPITlONS AND STlPl;J..A TIONS. CO'VlMONWtAL TH LAND TITLE INSURANCE COMFA~Y II Pellnw1vania eorpor:lIion, hetein
., called \11~ Company in.~\Ircs, llS of Inle of Policy shawn in S~hedule A. as:tinsl loss or damaB~, not excecdinlltlle I<\mount 0 r Illsurance stated
h, Sch~dule A. .mt;lin~d or inc:urred by the in~llred by rC{lson of
Tille 10 lhe e,!;ltc or ~r,te'f~s: de~erjbed in Schedule 1\ bdng v;~led other than as Slated Iherdn
2. I\ny d~re':l il, Or lien or ~'1cun:branc': on the title;
3 UI\l\Iark~tllbility or the tillc;
4. Lack 01' II eight or access to and from the land.
T"~ CQIT'l"Iny will abo flay the .:o.ts. ill\orney~ r.~cs and e~\le[lscs incurred in defense of the title, as in~urcd. bUl only 10 th<: eXlent p~o"ided
in the CQndili\)lI~ and Stipulalions.
IN WITNESS WHt:REOF COMMO:-.lWEAL TH LAND TITLE INSURANCE COMPANY M.s c:lused 11$ corJlora\~ \lame and seal 10 bt
hereunlO nffixcrl by ih cuI)' 'aulhol'ilx:l Qfficen. the Policy to bc~oml! va.lid when cO\Jrtt~rsi&ncd by an authol'iz.ed officer or acen[ or the Company
POLICY NUMBER
A02-3990lLf
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OwNER'S PauGY OF 1'rrLE INSURANCE .
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FAX NO.
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1 DEFINITION OF "f1:RMI,
The following tetms w~ gsed in this poUcy melln:
(a) 'jrlsurcdW' the in~urC'd named in Schedule A. and, subject to any
rights or defenses the Com~ny would have had againn tlte named insum:i,
thosc who lucceed 10 the int~l of the named insured by operillion of law
as distmguished from purchase in~ludins, bUI DOl Iimltro. tD. bdrs,
'jstribut=, devisees, survivors, personal repreSt:ntatives, nC:l:t of kin, or
crporau: or f.duciary successors.
(b) 'insm-ed c;aimam'" ..n ins\1l"~ claiming loss or damage.
(c) 'knowledge or 'known'" actlUl knowll:dge, not constructive
Irnow;edgc or notice which may ~ imputed 10 an insured by rellson or the
publie ~otd$ ;IS defined in Ihi$ policy or any other =rds which ilnpart
con,tnlctive notice of malIerS 3l1ectins the land.
(d) 'Iand'" lhc land des.:riDcd or referred to .n Schedule A. and
hnpro\>emen\.~ affixlld tl1erelo which b)' law eanstitulc ~l propmy, The
tel'll\ 'lal\d" does noe include any property beyol1t.l t"'~ lilieS of the !l~
de$criOed or referred to in Sch<:dule A, nor any right, tille. interest, eSlllle
or e<1~ment in abulLing streets, roads, awnues, allc:ys, lancs, wayB or
Walt~fWays, but nOlhing herdn shall modify Of limit th<: exlent to whicn ll.
right of access to and from Ihe iMd is insured by this policy
(el 'mortjf"'&C'" rnortgage, deed of trusl, trusl dc:cd, or o/her se<:urity
in~lrul1u;nt.
(I) 'public r;cords" records established under ~tlltc statules at Dati: of
Policy ror the purpose of imparting construclive nOlice of m:ltters relating
to rC'<l1 properl:r to p\lrcha~ ror vlIlue and WlthO\lt knowlellllc. With
respect to Secllon Hal (iv) of tbe EKclu.iQtl.! From Coverage, 'public
records shall also inchlde environmcntal protection liens llIed in the
~ords of the del'll of the United Stales district court for tho dislrict in
which thl: land is IOc.Med,
(~) 'unmarkctabi1ity of the lide'" an alleged or app,mlnl matler a(fllcling
rhe till!; LO lhe laud, not excluded Ilr cllCeplecl frOm coverag~, which would
entitle 11. l?uI'chasl:r of the estate or inlerest dC"Crilxcl in SChedule ^ LO be
released froUl the oblill1l.1ion to purchase b~ virtue of iI contractual
cQncJition requirins the delivery of m(1rkel;1blc l1tle.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
Of Tm.E.
1.hll coverage of this policy shall continuc itl fort:<: ilS of Datel of Policy in
favor of lln insured (ln1y so long In Ihe in%\lred retains an e~lale or interest
in lhe land, (lr balds an indebledllcss secured by a pllfchase money
mortgllge !liven j)y a r.urchaser from Ihe in.ured, or only so lonll 115 the
insured shall have liabIlity by reason of covenanl.l of wlIrfanty made by the
1~ured in 3n) Ir;l\lsfer or \:onvey.1r\ce of tile eslat~ or intere:>\. This poliel!
~lIalJ not continue in for~ in ftivor or i1nv purcba~er rrom the in511red of
e:lther 0) all estnle or interest in the land, or (ii) an indcbtllOne.'l5 Stc"n:<j by
u purch."e money morl,;,'3J:le given to the il1s.ued.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
11\e insured shll.lI nulit~. the Com"any prompLly in writing (iJ in casu of
any Iiligation 8S kt forth In Section 4{a) below (ii) in case knowlL'(lgc sl1lll1
COllie to an in.ured hereunder oi IIny claim of lith: or iNcrcsl whieh is
adverse 10 tile litle 10 the eslate or inleresl. as insured. and ",hich migllt
C3U!le loss or damage for which the Cllmp:tny mllY be liable by viriue or
lrus policy, or (iji) if ~ille to IlIe ~t:lle or ITLCrCst, as ir.surect. IS rejected l1;I
unmaTltCL~'\)\Il. If j)ruml'\ notice shallll.ol b~ &iv~n Lo the Compnny thlln as
10 the insur~d air liability of th" Comp" ny shall temlll1ale wilh regard to
the mailer or mauers fnr which prompt notice is r:quircd; ,Provided,
however thai fAilure 10 nutify the Company sl1all in no case prr:Judice Ihe
dBhts or any insured unuer this policy unless the Comp\1ny ~hall be
pre:jlldil:ed by the failure 8nd Ihen only ~o the e~tent of Ihe prejudiL'C.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED ClAIMAN-r TO COOPERATE.
(a) Upon wrlllCn request by lhe in~ured and subjccL to Lhe options
contained in Section 6 of these Conditions Bnd Stipulatiuns, the Company
u.~ i~s own cost and witlloul unre.:\sono.bl~ delay shall provi<k for the:
deftnse of all insured in litillation in which ilny third party lu~rlS II claim
IIdversc to the lille or intel'C1t. a.s insureu, bUl only as 10 those slIlted cauws
of acllon alleging a dt::(~Cl, li\:.n Dr cllCumhrOlncc or other mallcr in$'11red
aRlI!nst by. lh,s po.lie)' The Cc.mp,my snalI. !:ave the right to select counscl
of Its choux (subJcct to the nght of thl;! Insured 10 object for reasonable
cause) to represelit the insured as to lb05C slated caUk"!; of actio!! and sbal!
I\Qt be liable for o.ne! will not pill' lhe fees of tll\y other coul\sd. The
Company will not pay ~ny fees. COSts or eX~ellSIl$ inc'..lrrecl by the insured
in the defen,c of lholle causC$ of action whletl allege matter.\ not insured
againn by this polit:y
(b) Tht! Company shall h..ve the of,ht, at i:s own cost. LO instilule -and
DrO:iCCUIC IIn)! aClion or prOCeeding or to do any other act wbich in its
,pillion may be n~azy or desirable 10 llSlablish the tille to the r.st:!le or
.n!.erest, as insured, Of to prcwnl Dr red liCe !osa Ot dllmal!" 10 lhe insllrc:d.
The Company may lake allY appropriate action Under the tl:rms uf Ihis
policy, w~ot~~r Or not .il ~hllll be li~~le hoteund~r ,,:nd shill! Mt lhereby
concede !t3,bihty Of waIVe an)' proVISIOn of this oollC) Ir the CQlnpany
sholl exerd~e its righl. under this p.lrllgraph. il stla~l do so diligently
(c) Whenever the Company &ball have brought Ol.D :u:lion ot intcrpoliCd a
defense :I, r~uited or p4tmittc;d by lhc provisions of this policy the
Company may l'un;uc ll.ny litigJtion to final delemUlI.l1ion by II court of
cemj)elonl jurisdiction and expn:ssly reserves the right, in ils sole discretion,
to appeal from IlI\Y adverst judgmenl Dr order.
(d) rn aU !lase3 where this polj(:y permits or requires the Company to
prosecule or provide for the defense of any action or pfCltCCdmg, lhe
U\suml. shall ~\Ir:t to the Company the righl 10 so prosecute or provide
d~rensc in the action (IT proceeding, and all appeals Inerein, and permit the
Company to use. at its option. the name of the insured for this purpose.
Whenever requested by the Compllny, the insured, at \hoe ComJ>3nY'$
expense, shall give the Company all reasonable aid (i) in ..ny actIon or
procecdir.g, securinll' evidence, obt3inir.g wi\n\:s5e$, prose.;ut!zlg or
defendil1l: the actiol1 or proceeding, or effecting settlement. and (ii) in any
QlnCr ,awful act which in thc opinion of the Compa.ny may be nCllCssary ar
desirable to eSl3.bl.ish lhe title to the eslalc or ill.~re5t as insured. If tne
Comp.nr is prejudiced by the failure of lhe insured to iU[llj~ thc required
cooperauon, lhe Company's oh!i~11ion$ to the Ill~un:d under the policy
shall tJ:rminnte, in(:ludin,g any liabllily or obligation \0 deiC'nd, prosecut.:, or
COl\lil1ue any Iiligation, with regard to the matter or ~tterl requiring such
coopeation.
5, PROO~ OF LOSS OR DAMAGE.
In addition to and iller the notices required under Sl;l;tion J of the.~
Conditions and Slip'!.lllltiona have .been providccl the Company it proof of
IOS$ or dll.mase signed and sworn to by lhe ins\1red clahnant shall he
f:.1rni~hed tQ the Company within 90 days after the in5\lr<:d claimant shall
ascertain the fact$ givIllll rise to Ibe loss or damage. The proof or loss or
damage Shldl describe the defect in, or lien or cncumbr~nce on the tille:. or
ot~cr mailer insured. against by this policy which constil\lteS the bal\is of
loss or damage and shall stale, to the clttcnl possible, Jne basis of
calculating thct amount of the Joss or damage. If the Company is prcjudiced
by the failure of the insured el~imnnl 10 provide the required proof of 108%
or damage, \he COIIllla.ny's oblill:ltions to Ihe insured under the p~lliey shall
ierminate, illcludin~ lIny liability Ot obJis~lion to defend, prosecutc, or
continue any litillallOI1, with regard to tM m3tter or mailers requiring sUl:h
proof of loss 01' damage.
In addition, the Imured claim~nt may reasonably be required \0 submit
to "llaminalion tinder ORtl1 by any. autltorizcd reprUliCI1latiw of the
Company and shall produce for cx~minalion, inspecuon and copyi"S, at
such rc;uonllble times and pl~ces as may be designated by any lJutburi7,cd
tc:pn.:s~Jllalive of the Company, all records. book~, ledgurs, choolts,
corrc$p<,Illdence and memotanda, whethcr bearing a chIle before or after
Date of Poli.')' which re:uonabl)' perLain to the 10$5 or damai:\e. Furlher if
re~u(lSt"d by any IlUdlOri7,ed represcmallve of Ihe Company Uu: in;;ured
claImant shnll gI'llnt its pctn\i~.ion. in wrilinll, for any iluthori7.cd
reprc!lentatiV( of the Company to eX3mine insplll.'t and coPy all r~cord$,
books, ledgc:fli, check.!;, eorrespol1dem:c ;1M mtm10rallda in thel custody or
control of a lhird ~atty which reasonably perlain 10 tha loss Or dam',ge.
All information deb'gnai~ :1~ \XInfKiential by the insured ciilimo.nt provided
to the Company pursuanl 10 Ihis Section Sllllll not be cliselosc:tl 10 others
unlc~, in the roasonable judl\ement of the Company, it is necessary in thel
admini.!Hrollion of the clllim. j~lIilutc: of tile in~urcd claimant to submil for
examination under o.a.lh. produce other ~sonably requested inromlation
or Branl permission 10 SeCure reuonJlbly nL=ssary inronnation from third
parties as required in Ihls paragraph shall lenninat" IlIny liabililY uf the
Compal1y under this policy as 10 lhal claim.
6. OPTIONS TO 'PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In c~se of :I cl:o.im under this policy, the Colnl,XU\Y shall hilVC tb,ll (ollowing
additional oiltiolls:
(ano Payor Tender Paymcn( of the AmDunt olf Insurance.
To payor tcnrlet paymenl or the amOUlll of insur.anc: under
this policy loee-Iher with any costs, altOrDC)'$' fees and exper.~ incurred by
(!Ie Insured cltlimanl. which were l1uthori~ed by the Company, up to the
I;me of payment or t<:nder of payment llnd which the Company is obii!JalC<.!
to pay,
Upon the r:xcrr.ise by !hc Company of this option. all liability and
oblig''I\ions 10 U\" illsurcd IInder Lhis policy. other thall to make tile
payment required. sball terminate, ir>cludins any liabililY or obligation to
dcfel\d, prosecute, or cominue any liti~1I1on. and the polic,l" shall be
surrendered to Ihe Complln, for canceltal1oll.
(b) To Pa.y or Olherwi~e Se\lle With Panics Olher tbal1 Ihc ln~urcct Ot
Wilh Ihe h\surcd Oaimanl.
(iJ to payor otherwise settle wilh other partie5 for at in Ihe name
of an insured claimant IlIlY claim insured again.>! under this policy I"!.<elher
with any COSlS, aLtorney~ fllCS and eJtpcnse~ ineurted by the insured
claimant which wen: authOrl.lcC by Ihe Company up 10 lime of payment
IInd which the Company is obllg~ted to P;1y" Qr
(ii) to payor otherwise seltle with the insured da\mllnt th" Iou or
dfJ.lnage provid~d for under Ihis policy together wiUI nny costs. att(lrneys'
rces and <:xpen~c:s incuITcll by LM insured clain'ant whicll wet" :\uthorized
by rhe Company up 10 the lime of ;laymenl and whiclt the Company is
obliSllled to pay
Upon the ~xereise by tho Company or either of l'1e oplion~ provided for
in parallraphs (b)(i) or (ii), the Company's obligaUon5 10 the insured under
thu policy fer th~ claimed 10.$ or damage, otheJ" than the: payments
required 10 be made, sholl terminale, including any litlbility or obhl:ation 10
defend, prosecute or continue any litigation.
B f 190-2
Clln4itloBJ; lltIlI StlJI'Ilatio11s CQlltiDUad IlISide ConI'
APR-11-00 MON 10 49 AM
Lli.:llle<l WItn l'oitcy No.. 552 - 968
FAX NO.
P 04
SCHEDULE A
Policy No.: A02-399Q74
Effective DOlte: 03/07/ 0 0
03 17 p.m.
FileNo.: 48494-7
Amount of Insurance: $ 2 , 992, 874 . 24
},mnc ofInsurcd:
GATEWA~ BOSINESS PARK L.C , a Florida limited liability company
2. The estatll or interest in the land described herein and which is covered by this policy ill a feu simple (if
other, specify same) and is at Ule effective daLe hereof vested in the named insured as shown by instrnment recorded in
Official Records Book 1~646 ,Page 506 , of the Public
Records of Palm Beach County, Florid.".
3. The land referred to in this Jlolicy is dcscribed as tollows:
Lota 32, 33, 34A, 34B, 35, 36, 37 and 38, QUANTUM PARK AT BOYNTON
BEACH, P.I.D PLAT WOo 3, according co the Plat thereof on fi~e in
the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Flo~ida, ~ecorded in Plat Book 60, Page 29. said lands
s~tuate, lying and being in Pa~ Beach County. F10rida
HO:LLAND i: IOUGHT LLP
701 SRICXELL AVENUE
30 H 0
HI
COUDlcrsiea.ed,
AuthQrizcd Officer or Agent
,\LTo\ 0-.... Policy
$""""'Lc^
l'onn I 100'104'
(otI96 ~II :n.WJ:N-I-n OWNAI
-------" --~~ -_._--_._~-
APR-17-00 MON 10 49 AM
FAX NO.
P 05
SCHEDULE D
File No:
48494-7
Policy No.. A02 -3 99074
This policy does not insure against loss or damage (llnd the Comp:my will not pay costs, attorneys' fee.i or expenses) which
arise by ICasOJl of:
TllXes for the year 2000 llIld taxes or 85sessmc:mts which ate not shown u existing liens by the public records or which may
be levied or assessed subsequent t() the date hereof.
2 Rights or claims of patties in possession not shown by the public records.
3 EncroachmentS, overlaps, boundary line disputes. and any other matters which would be disclosed by an accurate survey
or inspection of the premises.
4. Easements or c1a.ims of easements not shown by the public records.
5 Any lien, or right to n lien, for sel'Viccs, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public recordll.
6. Any c1a.im that any part of said land is owned by the State of Florida by right of sovereir:nty. and riparian righ[S" if any
7 Mortgage, Aasignment of Rents and Security Agrecmentt executed by
GATEWAY BUSINESS PARK L C , a Florida l~ited liability company r in
favor of BANKONITED, FSB, a Federal Savings bank, its SUQcesso::ra
and/or assigns, as their interest may appear, dated March ~, 2000,
and recorded March 7, 2000 in Offic~al Records Book 1~646, at Page
510. of the Public Records of Pa~ Beach County, Florida, in the
original principal ~unt of $1,900,000.00
8 Restrietions and eas~ent8 as conta~ftd on the plat of Quantum Park
At Boynton Beach, P I.D , P~at No. 3, ~.corded in Plat Book 60, Page
29.
9 Restrictions, covenants, conditions aud easements, whioh inolude
provisions for a private oharge or assessment, as contained in the
Declaration of Protective Covenants of Quantum Park At Boynton Beach
dated Octoher 14, 1987 and recorded Oatober 15, 1987 in Offioial
Records Book 5450, at Page ~105, together with the amendment. as
re~orded ~ Official Records Book 6393, at Page 218
10. Adoption of Development Order ~ecorded Kay 2, ~9B5. in official
Records Sook 4534, at Page 1728, mgdifications reoorded in Official
Recorda Book 4965, at Page 619; official Records Dock 5090, at Pag.
5101 Official Records Book 5584, at Page 1273; Official Records
Book 9679, at Page 532 and Official Recorda Book ~1378. at Page 1831
11. Assignment
1.994 and
Page 1324~
of Reservations as set forth in instrument dated Karch 1,
recorded Mar~h 9. 1994 in Official Records Book 8158. at
12. Reservations in favor of Trustees of the Internal ~rovsment Fund,
as oontained in instrument, dated August 20, 1954 and recorded
September 14, 1954 in Deed Book 10G5, at Page 421. The right of
entry has heen released pursuant to Florida Statute_ 270 11 (1995)
See Continuation Sheet
"L.T A 0wMI'11'aIicy lillo...,.{,
S.hwvla D
FanIll1llOo36
Schedule B oCthis Policy consists of
Pages.
(0'lIllIl nu....y$<lllZ.7-\YlN-I-FLoOWNB)
APR-17-00 MON 10 50 AM
FAX NO.
P 06
LONTINUATION SHEET
(SCHEDULE
B
CONTINUED)
Commitment or Policy No.. A.02-3 99 074
3. Survey prepared by Atlantio-Caribbean Mapping, Inc , dated February
29, 2000 under Project No. 96092 reveals the following
a} Encroachment of utility box outside of easement witbin Lot 34~
b)Encroachment of metal ~ign into Lot 38
0) Encroachment of Florida Power and Light Company box outside of
easement within Lot 38
14. Pending disbursement of full proceeds of the loan secured by the
mortgage oovered by the policy, this policy insures only to the
extent of the amount actually disbursed, but inoreases a~ eaoh
disburs~ent is ~ade in good faith and without any actual knowledge
of any defects in, or objections to the title, up to the face amount
of this policy
NOTE: Items 2 through 6, inclus~ve, are hereby deleted.
A.I.J.. DOCUMENTS REFERENCED HEREIN HAVE BEEN RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLOR.:rDA.
11o.~ DiopJayS<>ll17.W!N. I'}~WNIIC;ON)
APR-17-00 MON 10 50 AM
",e; 1'1;""",,",,.,,,,,, (....,. ",,"l.I .r:.^ I Cor" I "",r ,uI"\JooIlLJ J ,
Tni~ polioy is 11 conlrllt:t of inde::nnily ~gain&1 actual monet.ary loss Or
damilg!: susti1ined or incurred by the insur<:d claimant who h:ts suffered
loss or d:l.lnage by reason of manc.rs illsured ilpinst by this policy and
'\(11)' LO the extent herein de~cribed.
(a) The liabiLty ofthc Company under this policy shall notuJlceed the
leMI of:
(i) the Amount of Ir.s'Jra1\CC stated in Schedule ^ or
(ii) the uifference between the valur: of the insured estate or
interest as insured and till:: value of the insured estate Or interest subject
to the defect. lien or enc;;umbrmctl ir;sul'ed (\f.ilinst by IhlS policy
(b) The Company will pay only tho,e COSIS. :lIlcmeys fees and
expenses i1euued in accordancQ with SeClion 4 of these Cendll,Ons alld
StipulatiOns
8. APPORTIONMENT
If the: lat.<I described in SCll::dule A Lon.sj~ts of tWo or more Pilrcels
whieb are not used as a ginglr: site. and ~ loss is cst~blishe'" affecling on.;
or more ()f the parcels but nut ~II, the loss sl:;lll be computed and ~eu).:d
on a pro rata basis as if the amount of il'.\urancc under this policy was
c:iividell pro rilta. as 10 the vulue on Dare of Policy of each sep<\ratCl pu.rcel
to the whole, cxe,u.sive of ;:my improvcme...,ts made sul;~cquent to DMe of
Policy unle:;s a liability or va lie has otherwise beer111greed upon a~ to
c;ach pureel by the Company and the insured at the time of the: issulince
11f this pode)' and shown by art r:xpress statement or bv an endorsement
,lllllChed (0 this policy .
9. LIMITATION OF U4BILITV
. (a) If L'Ie Comrllny establishes the title, 01' rcmovl;!S the alleged defect.
hen Or cncumbr:ul<;C. or cures the Jllck of a right of access 10 or from lhe
land, or cUre~ .the claim of unmarkClability of title. al. ~s ln~llrcd. in n
reasonnbly l.hllgent manner by any method. including Jit;gationllnd the
compktiofl of any appC:llls therefrom. it shall have fully performed i/S
obligations with cc:spectto thOlt marter aod ,hall nOI be :Iahlc for IIny loss
11r darnl1ge cllused thereby
(b~ In the: evenl of any litlealion, including litigalion by the Company
With the Compa.ny'~ consent. the Company $hallllllVe no lin",i)ity for
,!;S Ot dl1magt: until tn<lre has been it finat determination hy a eO\lrt of
compctentjurisdiction. and dispu$Hion of all appeals then:frorll. lldv~rse
\0 the title as insured.
(c) The Compony shall nOt be liable for loss or damage to !lny Insured
for liability voluntarily assumed by thl: imurcd in settling any claim or
$uit without the prior written consent of the Company
10. ~EDUCTION OF INSURANC~; REDUCTION OR TERMINATION
OF LIABILITY
All payments unde:r thl~ polil:Y ei,ccpt pllym(~nts made for costs,
attorncys' fees and exrenses. shall reduce the lImQunt of ttle insurance
pro tamo,
H LIABILITY NONCUMULATIVE
It i~ exprc!lsly underslood that the CHT10Utlt of insurance under this
policy ~haJl be: reduced by any lImotint the Company may pay undec any
policy insuring a mortgage to which cxception j~ t:llcen in Schedule a or
10 which Lhi:l insured has ::Igreed, assumed, oc tilllen slIbjeet. or which is
hereafter. executed by.an lnsurcd and whIch i$ .. charge Qr lien on the
emuc 01.' mterest dedcnbed or rt:fcrrcd to In Schedule A. and the lI.n\O\ml
so puid shall bel deemed a payment under th is policy to the insur<:d owner
12. PAYMENT OF LOSS.
(al No paYI'lf:nt shall be ma.cJc without producing this policy for
~ndor~emenl oithe payment unless the policy has becn 10sl ordcslTvYlld,
In whIch ea.~c proof or loss or d<:s!ruction Sh111 be furnished to the
s3fisfacLion or the Comp<iny
, (h) . Whc:n Iiahllity and the cxtentof loss crdamage h;JS been definitely
ftxed In accordance with these Conditions ilnd Stipulalions. the loss or
damagc shall be p<lyable within 30 days thereafter
1J. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company 3 Right of Subrogation
Whenever the CampM\Y shall have scttled and plIid 11 claim una..:r this
policy all fight Qr subrogallon sh<tll vest in the Company unaffeetc:d by
llny aet of the insured claimant.
ALTA Owner's Policy (10.17-92) Covsr Page
with florid.. MOdifications
Form 1190-22
FAX NO.
P 07
The Company shall be 5ubrngatcd tn and be e.ntitled to all right~ :tnd
remedies which !ile insured claimant would have had against any person
or properlY in TC3peC( to the claim hild t"lis policy 001 been issued. If
requesu:d by the Company the insure:J claimant shall Iransfer LO [h.:
Company all f1!~hlS and remedies ,\gain~t any pcrson Or property neces-
sary ill order to perfect this til::hl of subrog:llion. Tht! insured ehlmanl
.\hall permit the Company to sue. compromise Ot se!tle: in [he nume: of the
insurcd claimant and to use the name of Ihe insured .::laimant in an)'
transaction or litigation involVing these righls or remedies.
If a payment on aCt:o'Jnt of a cl:lim does not fu ily eoy!?r \hc loss of the
insured claimant. lhe Comp:!.n)! ~ha\l be subrogated to theso :ighl~ and
r:medlt:s in the ptoportion which the Company s pllymenl bears to thl!
who.~ amount of the loss.
rr loss should resuh frat'll :mv aCI of the insured clilinl:lnl. 3S Slated
a!>ove. that act shall nct void this policy but the Company In th:\l t:vef~t.
shall 11= required to pay only thai ptlTt Many J()sse~ insured against by this
pLll;cy which sh,lJI exceed [hI:: amount. jf 3ny lost to the Company by
reason l,f the impairment by Lhe insured claimant ohlle Company 5 right
or subrogalion.
Ib) The Company s Rights Against "on-insured Ohligors.
The Compi1ny $ right of subrogation .1gai:m non.ill~ured obligors
shall ellis! ilnd shail include. wirhoutlimi!arion. the rights of the insurcd
to indemnities. 8Uilr'lmies, other policit:'s or insurilttCl: or bonds, rlOlwith.
standillg any u:rm~ or cor\(Jitions conL.lined in tho.se ir.strllments which
provide for subrogation rights by reason of thIS pohcy
14. ARBITRATION.
Unless prohibited by a.pplicable law :lrbllration pUI'SUi1n1tO the TicJe
Insurance Arbitrauon Rules of the Ameri"nn Arbitration ASSOcl~lion
may be demanded if agreed to by boeh the Company and the iMllrcd.
Arbitrable ma.cters may include:, bUtllrc nOI limited to. any controversy
or claim belween the Company and the insured :lrising out of onelating
to this policy any $crvice of the Company in connection with its jssuanr,;e
or the breach of a policy provision Or otlu:r obligation. Arbitration
pursuant to Ihis policy and under the Rilles in eft,,"l on the dllle t/l",
demand for i1rbitralion is made or lit the Opl iOIl of the insured. lhe Rult!s
in cffect at Dll.I~ of Policy shall be binding upon the parties. The <lw/lrd
may include attomeys fees only if the Jaws of the state in which the land
is locLlted permit a co un to award allomeys fees (0 :\ prevailing party
Judgment upon the award rendered by the ArbilratQr(s) may be c;ntered
in any court havi'lg jurisdiction thereof
The law Qf the situs of lhe land shall apply to an arbitr:ltion under the
Titl.; Insurance Arb,lration Rules.
A copy of the Rules milY be ob\ained from the Company upon reqUt;st
15. LIABiliTY LIMITED TO THIS POUCY; POLICY ENTIRE
CONTRACT
{al This policy toge:thetwith all endorsements. ifany attathed hereto
by the Comp...ny is the entire policy and contrllict b~\ween the i1'lsured and
thl;: Company In interpreting any prOVIsion of thiS polley Ihis polley
!.hall be conSlrued as a whole.
(b) ~l'1y c1~im of loss or damage. whethc:~or nol hased on negligence.
and whtch ar.ses Ollt of the status of the utle to the:: estate. or imere.sl
covered l1creby or by any l\ction asserting such c:laim. shJlII be restricted
to this policy
(c) No am.;:ndment of or endorsemenl 10 this policy can be made
cxc~pt by a writing endorsed hereon or !1l11ched hereto signed by eithcr
the PreSident. II Vke President, the Secretary,:li\ Assistant Secretary or
Ynlid~ting offict;r or authorized signalory of the Company
16. SEVERABILITY
In the evem ~ny provision ofthe policy is held invalid orul'ltnforccable
undt;r applicabte law tht: policy shall be deemc;d not to include that
provision and all other provision~ shall remain in full (orce and effect.
17 NOTICES. WHERE SENT
All notices required [0 be given the Company llOtl i1IlY statement in writing
required to be furni.shed the Company shall include the number of this
policy and shall be Addressed to COMMONWEALTH LAND Trn.E
INSURANCE COMPANY 1700 Market Street, Phil$ldelphia. PA 19103-
3990.
Inq<<llrl1' r~lIr"inK polll'Y "''''''I1Ul(~ lInd aJo.oo;I.'I'In.... in rlllinlvlll~ eon'I'lIdllt...
,h,,"'d be llireCfl"1l to IlIe CllJllp~ny af ("071 42S.(.Ul. C1~iln., must !Ie
r"pOrled In a('C'Vrdantc with (:IIII(JilioIIR lIII4 S'ipulAlions.
Valid Only if Face Page, Schedule!: A and B Are Attached
ORIGINAL
APR-17-00 MON 10 51 AM
FAX NO.
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P 08
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LEGEND
A
rt
COR.
F P L
LB
o R.B
P B.
P B. C R.
PG.
P 0 B
P 0 C
PSM
Q. C
R
RGE.
R/W
S B
SEC
TWP
U E.
11
= ARC LENGTH
= CENTERLINE
= CORNER
= FLORIDA POWER & LIGHT CO
= LICENSE BUREAU
= OFFICIAL RECORDS BOOK
= PLAT BOOK
= PALM BEACH COUNTY RECORDS
= PAGE
= POINT OF BEGINNING
= POINT OF COMMENCEMENT
= PROFESSIONAL SURVEYOR MAPPER
= QUANTUM COMMUNICATIONS
= RADIUS
= RANGE
= RIGHT OF WAY
= SOUTHERN BELL TELEPHONE
= SECTION
= TOWNSHIP
= UTILITY EASEMENT
= CENTRAL ANGLE
LBGAL DESCRIPTION
A PORTION OF LOTS 36. 37 AND 38. QUANTUM PARK AT BOYNTON BEACH. P I D PLAT N03
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60 PAGES 29 THROUGH 31,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 35, THENCE NORTH 19000'00" EAST
ALONG THE WESTERLY LINE OF SAID LOT 36 A DISTANCE OF 6.00 FEET, THENCE SOUTH
71000 00. EAST 212.09 FEET, THENCE SOUTH 43013'54. EAST 26107 FEET TO THE
SOUTHERLY LINE OF SAID LOT 37, THENCE SOUTH 46046'06" WEST ALONG THE SOUTHERLY
LINE OF SAID LOTS 37 AND 38, A DISTANCE OF 12.00 FEET, THENCE NORTH 43013'54"
WEST 258 11 FEET, THENCE NORTH 71000'00. WEST, 209.09 FEET TO THE WESTERLY LINE
OF SAID LOT 38, SAME BEING A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO
THE EAST HAVING A RADIUS 450 00 FEET (A RADIAL LINE TO SAID POINf BEARS NORTH
71045'50. EASTJ, THENCE NORTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 00045'50" AN ARC LENGTH 6 00 FEET TO THE POINT OF
BEGINNING
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH PALM BEACH COUNTY FLORIDA.
CONTAINING 0 130 ACRE [5.642 SQUARE FEET) MORE OR LESS.
REV I S ION:
PREPARED FOR GATEWAY BUSINESS PARK L C
CITY OF BOYNTON BEACH 12 UTILITY EASEMENT VACATION
SEC 17-45-43 PORTIONS OF LOTS 36 37 & 38
QUANTUM PARK AT BOYNTON BEACH P I D PLAT NO 3
[PLAT BOOK 60 PAGES 29-31 P B C R.)
SKETCH OF DESCRIPTION FOR EASEMENT ABANDONMENT
PROFESSIONAL
SURVEYORS
AND MAPPERS
BY'
DRAWN' TDL
CHECKED DLT
FIELDWORK NA
FIELDBODK
DATE
2-15-00
2-15-00
CAD FilE: 96092SDl
SCALE' 1 -aD'
PROJECT" 96092
SHEET 2 OF 3
ATLANTIC - CARIBBEAN MAPPING. INC
3070 JOG ROAD - GREENACRES. FLORIDA 33467
(561) 964 7884, FAX (561) 964-1969
, PG.
LCl
QUANTUM BOULEVARD m
w
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QUANTUM LAKES BOULEVARD :c
NOT TO SCALE
LOCATION SKETCH
SURVEY NOTES
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY EASEMENTS,
OWNERSHIP OR OTHER INSTRUMENTS OF RECORD
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF QUANTUM PARK AT BOYNTON
BEACH P I 0 PLAT N03, (PLAT BOOK 60, PAGES 29-31 OF THE PUBLIC RECORDS
PALM BEACH COUNTY FLORIDA) WITH A REFERANCE BEARING OF NORTH 19000'00" EAST
ALONG THE WESTERLY LINE OF LOT 36
4 THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5 THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH
CERTIFICATE
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED
PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS
DELINEATED UNDER MY DIRECTION. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLo~IDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, SUBJECT TO THE QUALIFICA-
TIONS NOTED HEREON.
BY' ~Jj ~t
--- - --- -- ----- ---- ---------- ----
THO~AS D LEE, P S. M.
FLORIDA REGISTRATION NO. 5379
ATLANTIC CARIBBEAN MAPPING INC
r ~ \ r? ~ ~ r)nnn
DATE _____~__~_____~~_~___
SKETCH OF
PREPARED FOR GATEWAY BUSINESS PARK L C
CITY OF BOYNTON BEACH 12 UTILITY EASEMENT VACATION
SEe 17-45-43 PORTIONS OF LOTS 36 37 & 38
QUANTUM PARK AT BOYNTON BEACH P I 0 PLAT NO 3
(PLA T BOOK 60 PAGES 29-31 P B C R. )
DESCRIPTION FOR EASEMENT ABANDONMENT
REVISION:
BY' DATE. CAD FilE: 96092SDl
PROFESSIONAL
SURVEYORS DRAWN TDL 2-15-00 SCALE' 1 .80'
AND MAPPERS CHECKED DLT 2-15-00
PROJECT' 96092
INC FIELDWORK NA
FIELDBOOK , PG. SHEET 1 OF 3
EXHIBIT
"A"
P 0 B
SW COR Lj 36
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" PREPARED FOR GATEWAY BUSINESS PARK L C
YC1TY OF BOYNTON BEACH 12 UTILITY EASEMENT VACATION
SEe 17-45-43 PORTIONS OF LOTS 36 37 & 38
QUANTUM PARK AT BOYNTON BEACH P I D PLAT NO 3
(PLAT BOOK 60 PAGES 29-31 P B C R. )
SKETCH OF DESCRIPTION FOR BASEMENT ABANOONMENT
BY DATE. CAD FilE: 96092SDl
PROFESSIONAL
SURVEYORS DRAWN: TDL 2-15-00 SCALE' l' -80'
AND MAPPERS CHECKED DLT 2-15-00
INC FIELDWORK NA PROJECT" 96092
FIELDBOOK , PG. SHEET 3 OF 3
{}6-A~ )-~ -ClJ \
. ~inston
. ee.
~ SSOclates, Inc.
Land,cape '\rchltcc'ture
Land Plannll1~
r S L "LC ( 11 h
April 20, 2000
Mr Michael Rumpf
Planning & Zoning Division
City of Boynton Beach
100 E Boynton Beach Blvd
Boynton Beach, FL 33425-0310
RE Quantum Business Center - Lots 32 - 38
Easement Abandonment Application for Easement
Located Between Lots 36/37 and Lot 38
Our File No 98010 14
Dear Mr Rumpf
Attached please find an Easement Abandonment Application for the above referenced easement
All required attachments have been submitted Please note that Telemedia has been absorbed by
Adelphia Cable and, therefore, a sign off letter has not been included for this entity
Since there are no utihtles located within this easement, I respectfully request that this item not be
required to be heard at TRC, but proceed directly to the next available Planning & Development
Board Meeting Please let me know if this is acceptable to you and if you require any additional
information for this item to proceed forward in the approval process
Sincerely,
,
~,~
Joni Brinkman, AICP
Project Planner
cc: Edward Mitchell
Bob Motchkavitz
Eugene Gerlica
1 ':;"2 Old C'kccchobec Road. SUite 106 \Vest Palm Beach, FL 33409-~270
Tel "hI 6:-1LJ-40-:() Fax ':;0]-6~9 5':;':;9 E maIl wmston\\]a(aao] com
@omcast.
1401 Northpomt Parkway
West Palm Beach, FI 33407
Saturday, March 18,2000
Jom Bnnkman, AICP
Project Planner
Winston Lee & Associates, Inc
1532 Old Okeechobee Road, SUite 106
West Palm Beac~ Fl 33409-5270
RE Letter of Utility Easement Abandonment
i.e. Quantum Park, between Lots 38 and 36/37
Plat Book 60 pg. 29-31
File No. 98010.14
Dear Ms. Brinkman, AICP'
In reViewing your request on the above ref project, Comcast has no objections
nor conflicts With your proposed plans and does not encroach onto our easements or
otherwise mterfere With the proViSIOn of sefVlce to our customers_
Should you have any other questIOns, please feel free to call me at 1-561-227-4343/ Fax
Numbers - 1-561-686-8507 / e-mail leonard_maxwell@cable.comcast.com
Smcerely,
~U~-12
.D
()
Leonard Maxwell
Peront Adjustor
3/18/00 10-1604 AM
cc: Scott Swendner - Project Manager
Dom Aumals - ConstructIOn Coordinator
Michelle Goods - Engineenng Coordinator
Boynton Beach Draw
File
@ BELLSOUTH
BellSouth Telecommunications. Inc. 561 439-9110
Engineering
2021 South Military Trail
West Palm Beach, FL 33415
March 24, 2000
Jom Bnnkman, AICP
Winston Lee & AssocIates, Inc
1532 Old Okeechobee Rd.
Smte 106
West Palm Beach, FL 33409-5270
RE. Abandonment of Unutilized Platted Utility Easement - Quantum Park
Located between Lots 38 and Lots 36/37
Plat Book 60, Pages 29-31
Our File No. 98010.14
Dear Ms. Brinkman
BellSouth has no faCIlItIes m the above referenced easement. Therefore we have no
objectIOn to thIS abandonment.
If you reqmre any addItIonal mformatIOn, I can be contacted at 561439-9118.
jo'/M-
Smcerely,
if ..5771Jfiw/c-
L. F Mayernik
Project Manager
Outside Plant Engmeenng
LFM.sI
03/22/2000 15 57
561-742-2016
BOVN SVC PL
PAGE 01
March 21. 2000
Winston Lee & Associates, Inc.
1532 Old Okeechobee Rd. Suite 106
West Palm Beach, Florida 33409
RE. Request To Abandon Easements-Quantum Park
Located between Lots 38 and Lots 36/37
Plat Book 60. Pages 29-31
File No. 98010.14
Attn. Joni Brinkman,AICP
Dear Ms. Brinkman.
FPL has no objection to the abandomnent of the above referenced site as described on attached
legal descnption and survey faxed to FPL on 3.15.00.
If you requlre aJ1Y further infonnation or assistance, please do not hCSltate to contact me at
(561) 742-2023
Sincerely,
oPa.ur R4#.~
Larry Raysldc
Distribution Designer
Enclosure
.
Adelphia
1595 S W 4th Ave
Delray Beach, FL 33444
Phone (561) 272-2522
Fax (561) 272-8776
April 1 2000
Winston Lee Associates, Inc.
1532 Old Okeechobee Rd ,Suite 106
West Palm Beach, FI 33409
Attn. Joni Brinkman
RE: ABANDONMENT OF UNUTILIZED PLATTED UTILITY EASEMENT-QUANTUM
PARK LOCATED BETWEEN LOTS 38 AND LOTS 36/37, PLAT BOOK 60,
PAGES 29-31.
OUR FILE NUMBER 98010.14
Dear Ms. Brinkman.
Adelphia has no objection to the above referenced abandonment.
Adelphia s facilities are located underground with 15' Utility Easement on the northern side of
Gateway Blvd.
Please call 1-800-432-4770 for cable locations before you dig.
since'14
1!~
Construction Supervisor
JDM/mf
POBox 3395
West Palm Beach,
FL 33402-3395
April 4, 2000
Ms. Jom Bnnkman, AICP
Winston Lee AssocIates, Inc
1532 Old Okeechobee Rd.
Smte 106
West Palm Beach, FL 33409-520
RE Abandonment ofUnutllIzed Platted UtIlIty Easement - Quantum Park
Located between Lots 38 & Lots 36/37
Plat Book 60, Pages 29-31
Your File No 98010 14
Dear Ms. Bnnkman.
Please be advIsed that Flonda Pubhc UtilIties Company has no objection to the abandonment of the
eXIstmg easement described m your letter
At the present time, we have no underground gas dIstributIOn facihtIes located wIthm the hmIts of
the proposed abandonment.
Smcerely,
Q);ji~C?
ChrIstopher C Camno
Engineer
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