LEGAL APPROVAL
.
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
August 28, 2002
Mr. Kenneth Kruger, P.E.
6792 Red Reef Street
Lake Worth, FL 33467
RE:
File No.:
Location:
Vermeer Southeast Sales
NWSP 02-013
1 060 West Industrial Avenue
Dear Mr. Kruger:
Enclosed is the City of Boynton Beach Development Order for site plan approval granted
on August 20,2002, by the City Commission. Site Plan approval is valid for one year from the
date of final approval. In order to maintain vested status, a building permit must be secured or an
extension granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your
approved site plan to incorporate all conditions of approval as applicable. The full rectified site
plan set is to be submitted as part of your permit plan package to the Building Division. The
person managing your permit applications should be made aware of any additional documents
and third party letters listed in the conditions of approval that need to be submitted with your
permit package.
The Building Division is committed to speedy and efficient completion of the building permit
process for your project. However, please note that failure to meet all applicable development
order conditions in the submitted rectified plan set may produce unnecessary delays in permit
issuance. Feel free to contact any TRC member for additional clarification of comments(s).
ImDortant: If you plan to introduce any changes to your approved site plan over and above those
required by conditions of approval, please contact our staff before submitting a permit package
to the Building Division. All modifications to the site plan must be evaluated by our staff and
processed accordingly.
S;lvUlu you nave any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
~~ #~'"V P'-
Michael W. Rumpf
Director of Planning & Zoning
MWR/jdc
Enc.
S:\Planning\SHARED\ WP\PROJECTS\v ermeer Southeast Sales\NWSP 02-0 l3\Site Plan approval after CC August 20 2002.rtf
City of Boynton Beach . 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6260 . www.ci.boynton-beach.f1.us
DEVELopr 'NT ORDER OF THE CITY COMM'';ION OF THE
\JITY OF BOYNTON BEACH, FLOR..;jA
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PROJECT NAME & ADDRESS: Vermeer Southeast Sales 1060 West Industrial Avenue
APPLICANT'S AGENT: Kenneth Kruger, P.E.
APPLICANT'S ADDRESS: 6792 Red Reef Street Lake Worth, FL. 33467
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 20,2002
TYPE OF RELIEF SOUGHT: Request for site plan approval for a 14,222 square foot light
industrial facility in an M-1 zoning district on a 4.32 acre parcel.
LOCATION OF PROPERTY: 1060 West Industrial Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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X 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
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 relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~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 wC" with notation "Included".
4.
The Applicant's application for relief is hereby
K.. 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 prope~\~~fl~~e made in accordance with the terms
and conditions of this order. ~\\\\~, NTOA, IIII~/.
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DATED:
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S:\Plannlng\SHAREDIWPlPROJECTSlVermeer Southeast SaleslNWSP 02-013100.doc
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Location Map
EXHIBIT "A"
Vermeer Southeast Sales
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EXHIBIT "e"
Conditions of Approval
Project name: Vermeer Southeast Sales
File number: NWSP 02-013
R fi 2nd I' h J I 2
e erence: reVIew p ans WIt a uly 3, 2002 Planning & ZOnIng date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. The shared driveway between the noted lots shall be declared in permanent X
agreement(s) for both properties. The agreement(s), at a minimum, shall
define the ownership and maintenance responsibilities of the driveway(s).
Copy(s) of the "Shared Driveway" agreement(s) shall be provided at the time
of permitting.
UTILITIES
Comments:
2. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article N,
Section 16, or the requirement imposed by insurance underwriters, whichever
is greater (see CODE, Section 26-16(a)). In addition, the LDR Chapter 6,
Article IV, Section 16 requires that all points on each building be within 200
feet of an existing or proposed fire hydrant. Please demonstrate that the plan
meets this condition, by showing all hydrants.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments:
3. Explain "South Line Lot 4. , ." and "North Line Lot 5 . . ," notes shown in X
the interior of Lot 7.
4. Provide all information on the drainage plan in accordance with the LDR, X
Chapter 4, Section 7.F. Inadequate grade information has been Drovided to
Conditions of Approval
2
I DEPARTMENTS I INCLUDE ! REJECT I
evaluate flow patterns in the parking lot. At the time of permitting, existing
and proposed grades need to be shown around the site and details provided of
the typical section(s) for the aisles and proposed swales.
5. At time of permitting it may be necessary to replace or relocate large canopy X
trees adjacent to light fixtures to eliminate future shadowing on the parking
surface (LDR, Chapter 23, Article IT, Section A.1.b).
6. Landscaped areas shall be protected from vehicular encroachment by a X
continuous, raised curb (LDR, Chapter 7.5, Article IT, Section 5.A. and
Chapter 22, Article IT, Section E.) At time of permitting.
7. At time of permitting add a note to the landscape plan that within the sight X
triangles there shall be an unobstructed cross-visibility at a level between 2.5
feet and 6 feet above the pavement (LDR, Chapter 7.5, Article IT, Section
5.H.).
8. The LDR, Chapter 4, Section 7.C.1 requires the site plan and landscape plan X
to be at the same scale. The preferred scale is 1" = 30'.
9. The note stating that 1 00% irrigation coverage will be provided conflicts with X
the proposed use of the back of the lot as Open Equipment Storage. Please
resolve conflict at time of permitting.
10. On the site and civil plans, show and identify all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the
"Loading Area" (where applicable - LDR, Chapter 2, Section 11.J); include a
pavement message in yellow indicating "No Parking - Loading Zone". See
City Standard Drawings B-9800 1 and B-900 13 for striping details. At time of
permitting.
11. At time of permitting provide written and graphic scales on all sheets. X
12. Placement of fill will require an excavation & fill permit. The excavation & X
fill permit may be obtained prior to final site plan approval through the
Building Department. A surety may be required as a condition of the permit
approval. At time of permitting.
13. A copy of the consumptive use permit (through the SFWMD) will be required X
to be provided during the site permitting process.
BUILDING DIVISION
Comments:
14. Identify the floor elevation that the design professional has established for the X
building within the footprint of the building that is shown on the drawings
titled site plan, floor plan and paving! drainage (civil plans).
. , .
DEPARTMENTS INCLUDE REJECT
15. At time ofpennitreview, provide a completed and executed City of Boynton
Beach Unity of Title form. The form shall describe all lots, parcels or tracts
combined as one lot. A copy of the recorded deed with legal descriptions, of
each property that is being unified, is required to be submitted to process the
form. The property owner that is identified on each deed shall match.
16. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
17. At time of permit review, submit for review an addressing plan for the X
project.
18. A recorded copy of the Shared Access Agreement for lots 9 and 6-8, and lots
5 and 6-8 shall be submitted to the Building Division at the time of permit X
application.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
19. The applicant must show on the landscape plan the replacement trees for the X
existing 32-inch Ficus tree that will be removed from the site. These
additional native trees should be shown with an appropriate symbol on the
landscape plan.
20. There may exist native scrub habitat along the Eastern property perimeter that X
must be preserved as part of an existing gopher tortoise permit for the site.
The Bahia sod or seed shown on the landscape plan may not be permitted in
conjunction with the gopher tortoise permit. The applicant should address
this with a statement on the landscape plan in consultation with the City
Forester and an environmental consultant for the owner.
PLANNING AND ZONING
Comments:
21. The tabular data on the site plan shall include the maximum height allowed in X
the M 1 zoning district.
22. The landscape plan should show the location of all outdoor freestanding X
lighting structures. Provide a detail of the proposed outdoor lighting
structure(s), including the dimensions, color, and material. Provide the same
type of information if wall packs are to be used.
23. Landscaping at project entrances shall contain a minimum of one (1) X
"signature tree" on both sides of the entrances (Chapter 7.5, Article II,
Section 5.N.). Note that signature trees do not contribute toward the total
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
number of required perimeter trees or parking area interior landscaping.
Provide one (1) additional signature tree, such as Yellow Elder, Tibouchina
granulose, or Bougainvillea at each side of the project entrance. These
signature trees shall have a minimum of six (6) feet of clear trunk to preserve
the sight area.
24. The landscape buffer adjacent to West Industrial Avenue shall contain X
another layer of plant material. This layer of plant material shall be a
combination of colorful groundcover plants and a minimum of two colorful
shrub species planted in a continuous row.
25. All above ground mechanical equipment such as exterior utility boxes, X
meters, and transformers proposed in front of the building shall be visually
screened (Chapter 9, Section 10.CA). Equipment placed on the walls of the
building shall be painted to match the building color.
26. Add location of sign to landscape plan and show at base of the monument X
sign enhanced with colorful groundcover plants and a minimum of two (2)
colorful shrub species (Chapter 7.5, Article II, Section 5.0.).
27. Correct inconsistency between pages 1 (Concept Site Plan) and LP-1 X
(Landscape Plan) regarding the footprint! square footage of the proposed
building. Page LP-1 shows a building footprint of 10,000 square feet while
page 1 shows 10,222 square feet.
28. Provide an improved representation of the proposed monument sign with the X
company logo, including the height dimension above grade as well as above
road grade, total signage area and materials / colors which accurately show
the appearance in order to confirm architectural compatibility with the
building. The maximum allowable signage area is 64 square feet on each
side. In addition, clearly identify the site address at the top of the monument
SIgn.
29. Provide an improved representation of the proposed wall sign along the west X
elevation with calculation methodology, including total signage area and
materials / colors. If more than one logo exist for the company, provide the
details for each logo.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
30. Increase that portion of the facade to be covered by block from 2' 8" up X
from grade to 8 feet up from grade
, DEPARTMENTS l INCLUDE I REJECT J
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. Omit #30, allowing brick material to be placed along base of facade as X
proposed by applicant.
S:\Planning\SHARED\IJIiP\PROJECTS\Vermeer Southeast Sales\NV\SP 02-013\Condition of Approval 2 page revised 2002 brm.doc
..
l
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August 20, 2002
problem was with the parent company, Associated Estates Realty Corporation (AERC).
Commissioner Ferguson read some statistics that he had discovered about that
company. From 1998 to 2001, their total revenue fluctuated from $159M to $143M. The
net profit in terms of millions from 1998 to 2001 fluctuated from $17.6M, to 22.8M, to
$17.6M, and $22.8M, down to $4.9M and $5M for the last two years. The book value
per share was $8.64, $7.89, $6.57, and $5.41. They were going broke and the City was
stuck with it and had to get out from under.
Motion
Commissioner Ferguson moved to deny the request. Vice Mayor Weiland seconded the
motion for purposes of discussion.
Mayor Broening stated that the question was whether AERC was financially capable of
doing the job.
Bruce Jarvis stated that he was not qualified to speak to AERC's internal financing.
What he did know was that their stock had stayed relatively stable over the last few
years from 8 to 10. They had not had any indication that AERC was wavering in any
respect relative to this project.
Commissioner Fisher stated that the City did not own this, and they did. If they wanted
to sit on it for ten years they could. Commissioner Fisher agreed with Commissioner
Ferguson on the issue of incentives but thought that was a Development Plan issue.
Mayor Broening asked staff if they had any indication that there was any lack of
financing for Phase 1 or Phase 2 of the project. Mr. Hudson stated that he was not
aware of any lack of financing.
Mr. Jarvis said they had two very significant commitments in the preliminary stages, one
debt and one equity.
Vice Mayor Weiland rescinded his second of the motion. The motion to deny failed for
lack of a second.
Motion
Commissioner Fisher moved to approve agenda item E.2. Vice Mayor Weiland
seconded the motion.
There was some confusion about Condition of Approval #29 but it was resolved.
According to Mr. Rumpf, Condition #29 was superseded by Condition #44.
The motion carried 4-1, Commissioner Ferguson dissenting.
E.3 Vermeer Southeast Sales (NWSP 02-013),1060 W.lndustrial Avenue-
Request for Site Plan approval for a 14,000 square foot light Industrial
facility in a M-1 zoning district on a 4.32-acre parcel
Kenneth Kruger, Project Engineer, stated that this item had been brought forward at
their request so they could request relief from a condition applied by the CRA. That
29
\.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
August20,2002
condition had been to extend the masonry wall to eight feet above the ground, as
opposed to the lower wall proposed by the applicant. This would add $9,000 to the cost
of the project. They did not believe that other buildings in the area had this requirement.
Commissioner Fisher asked Doug Hutchinson, CRA Director, to explain this
requirement. Mr. Hutchinson stated that the Board wanted to see additional stonework,
particularly because the drawing had so little of it that the landscaping would cover it.
They preferred to have it taken to the higher level so it would show more and give a
better-looking building, and only in the areas in which it was originally proposed.
Commissioner Fisher asked if other buildings in the area had it and Mr. Hutchinson did
not believe that they did. Mr. Kruger stated that their building was metal and they
thought it would be the nicest-looking building in the area.
Vice Mayor Weiland thought the applicant's building would be a welcome addition to an
area that was in definite need of some improvement.
Motion
Commissioner Ferguson moved to approve site plan approval for Vermeer Southeast
Sales 14,000 square foot industrial facility with a masonry wall as originally designed.
Vice Mayor Weiland seconded the motion that carried 5-0.
VII.F. Authorize the purchase of 7 parcels of land (9 different lots) from 7 private
property owners in order to construct a series of retention ponds
associated with the N.E. 7tt1 to 10th Avenue Stormwater Improvement Project
Commissioner Ferguson asked what would happen to the retention areas for the folks
across the st~eet on Railroad Avenue on the part west of U.S. 1. He questioned whether
this was only for east of U.S. 1 and if so, what would be done west of U.S. 1.
Mr. Sugerman stated that the two projects were entirely separate.
Motion
Commissioner Ferguson moved to approve agenda item VII. F. Commissioner Fisher
seconded the motion that carried 5-0.
VIII. CITY MANAGER'S REPORT:
City Manager Bressner announced that the City hoped to honor the East Boynton Beach
Senior Little League State champions, the number 2 team in the nation, at its next
meeting.
A. Motion to allow a brief presentation on the Palm Beach County
Ordinance, which prohibits landscape irrigation between the hours of 9:00
a.m. and 5:00 p.m. in an effort to promote water conservation. The
presentation will be made after the agenda item Legal. B. Ordinances-
second Reading - Rates and Charges Ordinance 02-045
Mr. Bressner stated that this item would be discussed during the Legal portion of the
agenda. (In the interest of time, this item was not discussed at this meeting.)
30
,
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 13,2002
connection with the Site Plan, they hoped to get that approved so they could go forward
with final working drawings and get the project on the road. He knew of no adversarial
issues between the parties at this time.
Dale Sugerman, Assistant City Manager, stated that from the City's perspective, the old
Development Agreement is the current Development Agreement. His opinion was that
the current Development Agreement was in technical default by both parties and would
be extinguished by language in any replacement Development Agreement, if in fact the
parties believed that such an agreement were necessary.
Chair Finkelstein stated that he was in agreement with the other Board members in
believing that three restaurants, a dive shop, and fishing boats would create a lot of trash
and that the compactor would receive a lot of use. He was relying on staff to consider
the capacity of the compactor relative to this high usage. Ms. Galav stated that
Condition#1 indicated that before the developer could get a building permit, this issue
would have to be resolved.
Mr. Fenton had no problem with the garage but thought that staggering the mature trees
to break things up would be appropriate.
Motion
Mr. DeMarco moved to approve the Major Site Plan Modification to Phase 2 of the
Marina project to add 48 residential units and commercial space, expand the parking
garage, increase project height and make related site modifications on 3. 79-acres,
subject to all staff Conditions of Approval. Ms. Hoyland seconded the motion with the
following additions: request that the ends of the parking garage be painted a color two
shades lighter than the dark khaki color proposed; modify Comment #29 to reflect 282
units and $184,993; that the trees be at least 16 feet in height, or higher, when planted.
Mr. DeMarco accepted the additions to the motion.
The motion passed 7-0.
E. New Site Plan
1.
Project:
Agent:
Owner:
Description:
Vermeer Southeast Sales (NWSP 02.(13)
Ken Kruger, P.E.
Boynton Industrial Park Association
Request for Site Plan Approval for a 14,000 square
foot light industrial facility in a M-1 zoning district
on a 4.32-acre parcel.
Maxine DuCoste-Amedee, Planner, presented an overview of the project. The building
and related parking will be used for a business that services and sells construction
machinery. The Planning and Zoning Division recommended approval, subject to the
comments included in the Conditions of Approval.
Ken Kruger, Project Engineer, with offices in Lake Worth, presented some information
about the history of Vermeer Southeast Sales.
8
,
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August13,2002
When asked by Chair Finkelstein, Mr. Kruger expressed that the applicant was in
agreement with all the Conditions of Approval.
Chair Finkelstein opened the Public Audience and closed it as no one wished to speak.
Mr. DeMarco wondered whether the facility would create any noise, odor, or
environmental problems. Mr. Kruger stated that an Environmental Review had been part
of their application process and that it was ongoing at this time. He stated that their
facilities were clean and well maintained and invited interested persons to view their
facility in Pompano.
Mr. Fenton asked if staff had the results of the environmental assessment. Mr.
DuCoste-Amedee stated that the Code requires certain uses to apply for an
environmental review permit. The applicant applied for that permit and the process is
ongoing. Once they receive that approval, they will be able to proceed. Mr. Fenton
asked if that was part of the Conditions of Approval. Mr. Ducoste-Amedee stated that
since they had already applied for the permit. staff felt it could be removed from the
Conditions of Approval. If they do not pass the environmental review permit, they will
not obtain an occupational license and a Certificate of Occupancy to begin functioning
as a business.
Mr. Aguila felt there was too much asphalt and concrete on the site and not enough
greenery and hoped that the applicant would work with staff to find ways to improve that.
He suggested reducing the interior drive aisle widths to accomplish this.
Mr. Aguila also suggested that the applicant make the concrete wall on the front of the
building ten feet high instead of two feet high.
Mr. Kruger stated that he would have to discuss that with his client. He commented that
he had been up and down Industrial Avenue and that he had not seen anything like this.
He believed the Code would allow a plain metal building. Mr. Aguila stated that it was the
Board's job to improve the appearance of the buildings in their district.
Ms. Hoyland agreed with Mr. Aguila's comment about reducing the drive aisle widths to
gain space for additional landscaping, working with staff to achieve this while
accommodating the needs of the business.
She agreed with Mr. Aguila also about extending the brick wall up, preferably to the tops
of the bottom windows and to the north and south sides as well, to be consistent. She
noted that with the wide space for foundation planting, the two foot high wall would
probably be covered by plantings anyway.
Vice Chair Heavilin asked what security measures would be taken to protect the open
display of equipment on the site. Mr. Kruger stated that fencing was proposed around
the perimeter of the property and there would be a perimeter landscape buffer.
Ms. Hoyland asked what the applicant would be using for the surface of the equipment
display area and Mr. Kruger replied that they proposed to use a stabilized rock surface.
9
-'
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 13, 2002
She asked if the vehicles on display were for sale and whether vehicles were put there
after being serviced. Mr. Kruger responded that people usually bring their equipment in
for a quick fix so they can get out on the jobsite and they rarely have to store equipment.
Mr. Fenton did not want to hold up approval based on how high up the brick wall would
go on the building.
Motion
Mr. Aguila moved to approve the new Site Plan for a 14,000 square foot light industrial
facility in a M-1 zoning district on a 4.32-acre parcel for Vermeer Southeast Sales,
subject to all staff Conditions of Approval, with the additional comment that what is
shown as a two foot high brick wall on the west elevation will be raised to a ten foot high
brick wall above grade, to the top of the bottom window, wrapping to the north and south
sides of the building for several feet, as shown on the existing north and south
elevations. Ms. Hoyland seconded the motion.
Vice Chair Heavilin had a problem with raising the wall from two feet to ten if it would not
be financially feasible for the applicant.
Mr. Aguila modified his motion to state that the height of the wall would be eight feet or
whatever amount would come to the top of the bottom window. Ms. Hoyland agreed to
the amendment to the motion.
The motion passed 6-1, Mr. Fenton dissenting.
THE MEETING RECESSED AT 8:30 P.M. AND RESUMED AT 8:40 P.M.
VI. Director's Report
A. Project Updates
1) Meeting with Ed Petuch - Florida Atlantic University Letter
This item is self-explanatory.
2) Update on Transfer Funds to eRA Operating Account
This item is self-explanatory.
3) Workshop Dates: Budget, Polley and Incentives
The Board discussed a date for a workshop to discuss the CRA budget. Mr. Hutchinson
stated that the City had requested that by October 1, the CRA give them their new
budget so that it coincides with their budget process. This would require having a
WOrkshop before the next CRA meeting, which is set for September 10. Chair
Finkelstein stated that the CRA was not required to do this and asked why the City
wanted to have it. Chair Hutchinson stated that it was a matter of courtesy but he had
not found any Statute that was absolute about this. Chair Finkelstein asked Quintus
Greene to comment on this.
10
CITY CLERK'S OFFICE
MEMORANDUM
TO: Mike Rumpf
Director of Planning & Zoning
r
FROM: Janet M. Prainito 'ill U\Y1~@
City Clerk
DATE: November 16, 2004 816m
COPY: Central File DEPARTMENT OF OEVELOPMI: 1\11
RE: Recorded Easements
Attached for your information and files are copies of the following easements that were
recorded in Palm Beach County:
1.
1325 Gateway, LLD
2500 Quantum Lakes Drive - Suite 101
Boynton Beach, FL 33426
PCN: 08-43-45-17-07-000-0180 and 08-43-45-17-07-000-0190
;2.
DenBesten & Bokhoven, Ltd.
PO Box 55367
Orlando, Florida
PCN: 0843452020000060
3.
C&C Realty Investments, LLC
1587 SW 4th Avenue
Delray Beach, FL 33444
PCN: 084345520200000090
If you have any questions, please do not hesitate to contact me.
~Yn.P~
. Attachments
S:\CC\WP\EASEMENTS\Memo TransmItting Recorded Easements.doc
1111111111 " 111111111111111111 K 1111111111111/111111111
~~:
Office of the City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33421
CFN 20040560700
OR BK 17586 PG 0137
RECORDED 10J04/2004 08:36:02
Palm Beach County, Florida
Dorothy H Wilken, Clerk of Court
EASEMENT
TIllS TNDENTIJRE made thiso< ~"tLday of Ecb
. kD.. 2003
,..)
By DenBesten & Bokhoven, Ltd.
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a Limited Partnership existing under the laws of Florida
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and having its principal place of business at P.O. Box 55367, Orlando, F~
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first part, to the City of Boynton Beach, a political subdivision of the State of
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Flori~ second party:
c':; ':::,.
p~ ~.')
:x:
(Wherever used herein, the terrns~ "first party" and "sewnd
party" shall include singular and pluralt heirst legal
representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context w admits or
Io;qUU-g:l )
WITNESSETH
Whereas. the first party is the owner of property situate in Palm Beach
County, Florida. and described ~ follows:
p~ 08434520200000060
LegaJ D=onption: See attached Sketchs & Legals
SInd,
WHEREAS, the second party desires an easement for water and sewer utilities
and/or oilier appropriate purposes incidental thereto, on. over and across said
Property.
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, rnERP.FnRF, fOT r-mil in (,1:'>:nSidendion Qfilie mutual covenants ~llch
to 1he other running and one dollar and other good and valuable
CQnsiderations, the fust party does hereby grant unto the party of the second
part, its successors and assigns, full and free right and authority to construct.
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby R11lUt a perpetual easemenl on over and across the above
described property for said purposes.
!
(
rn WITNESS \VlillItEOF, Ilu;; .unit Pl;l[\Y 1ut:s caused. these presems to be dUly
executed in its name and its corporate seal to be hereto affixed, attested by its
proper officers theretmto duly authorized. the day and year first above written.
Signed, sealed and delivered
In tlw pi'1;lsence o:f:
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Print Nllme
B~d~
erle DenBesten - Partner
KITEST:
~"-+lo,,,, \+c.ll/:H?f',\
Print Name ~
(CORPORA TE SEAL)
STATEOF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me; an officer duly
authorized in the State and County aforesaid ~ take acknowledgments,
Personally appeared 4( e" Ie De' J1 (3? 5-( e ~
well known to me to be the "partner and
respectively, of the Limited Partnership named as first party in the foregoing
Easement and that they severally acknowledged executing tho same in the
presence of two subscribing wi1nesses freely and vohmtacily, under authority
duly vested in them by said Partner and that the seal affixed thereto is the
true Limited Partnership seal of said Limited Partnership.
WlTNESSz: hand and official seal in the Country and State last aforesaid this
()1 iJ.~ day of c/JrHa I'y A.D., 200~.
. (
",'~~p~ CYNTHIA L. WHITESIDE
~rls:.."P:'A MY COMMISSION /I 00 143m
~'~iloV EXPIRES: August 19,2006
""~Rf.~~"''' Bonded Thru Notary PubItc Underwrners
~~
tary Public in and for the
State and County aforesaid.
My commission expires: 8/;~(p
<
/"
fNTON
:ACH
4ALL
LOCATION MAP
N.T.S.
THIS IS NOT A SURVEY.
SHEET 1 OF 3
~ N/A -ooolii
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
lo... JOB NO. 02-0012 G ~
""'lIIl
Ilailey. FD1DPny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
....
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/' 1200'
P.O.B. S01.41'11.E
to.. THIS IS NOT A SURVEY.
[Jailey. Foto~nYt inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Plulne: 561-965-8787 Fax: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
"'"
SHEET 2 OF 3
....
.....
P'" ...
SCALE: 1"=20'
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G .....
WATER SERVICE EASEMENT NO.2 IN LOT 8 OF
BOYNTON BEACH INDUSTRIAL PARK NORTH
A PARCEL OF LAND IN LOT 8, BOYNTON BEACH INDUSTRIAL PARK NORTH, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 20 AND 21, PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE BEAR SOUTH 01 DEGREES 41
MINUTES 11 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 8, ALSO BEING THE EAST
RIGHT-OF-WAY LINE OF WEST INDUSTRIAL AVENUE AS SHOWN ON SAID PLAT, A DISTANCE OF 29.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 DEGREES 41 MINUTES 11
SECONDS EAST ALONG THE WEST LINE OF SAID LOT 8 AND ALONG SAID EAST RIGHT-OF-WAY LINE,
A DISTANCE OF 12.00 FEET; THENCE NORTH 88 DEGREES 18 MINUTES 49 SECONDS EAST, A
DISTANCE OF 12.00 FEET; THENCE NORTH 01 DEGREES 41 MINUTES 11 SECONDS WEST, PARALLEL
WITH THE WEST LINE OF SAID LOT 8 AND SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 12.00
FEET; THENCE SOUTH 88 DEGREES 18 MINUTES 49 SECONDS WEST, A DISTANCE OF 12.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING: 144 SQUARE FEET OR 0.003 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
CERTIFICATION:
I HEREBY CERTIFY THAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON,
MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF
FLORIDA, IN ACCORDANCE WITH CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES.
DATE: 02-18-03
PAU:J TO
DAILEY-FOTORNY, L.B.No. 1376
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
THIS IS NOT A SURVEY.
SHEET 3 OF 3
~
N/A .....
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G ....4
.....
(Jailey. FotoFny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-260.2
Phone: 56t-965-8787 Fax: 56t-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVI CE
...
......
THIS IS NOT A SURVEY.
[Jailey. F[J1[J~ny. inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Plwne: 561-965-8787 Fax: 561-965-8963
'LOCATION MAP
N.T.S.
~
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVI CE
....
SHEET 1 OF 3
....
N/A ""'Il
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G .....
...
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THIS IS NOT A SURVEY.
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(Jailey. Fo1opny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Faz: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
SHEET 2 OF 3
......
~ ~
SCALE: 1"= 20'
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G .....
.....
.~
"'"
WATER SERVICE EASEMENT NO. 11N LOT 8 OF
BOYNTON BEACH INDUSTRIAL PARK NORTH
A PARCEL OF LAND IN LOT 8, BOYNTON BEACH INDUSTRIAL PARK NORTH, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 20 AND 21, PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE BEAR NORTH 88 DEGREES 08
MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 134.09 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88 DEGREES 08 MINUTES 20 SECONDS
EAST, ALONG SAID NORTH LINE, A DISTANCE OF 12.00 FEET; THENCE SOUTH 01 DEGREES 51
MINUTES 40 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 88 DEGREES 08 MINUTES
20 SECONDS WEST, ALONG A LINE 12.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF
SAID LOT 8, A DISTANCE OF 12.00 FEET; THENCE NORTH 01 DEGREES 51 MINUTES 40 SECONDS
WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 144 SQUARE FEET OR 0.003 ACRES MORE OR LESS.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
CERTIFICATION:
I HEREBY CERTIFY THAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON,
MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF
FLORIDA, IN ACCORDANCE WITH CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES.
DATE: 02-18-03
pQ~~~y
DAILEY-FOTORNY, L.B.No. 1376
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
~ THIS IS NOT A SURVEY.
SHEET 3 OF 3
...oil
~
,... N/A ......
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DAlE: 02-18-03
JOB NO. 02-0012 G ~
....
(Jailey. FlJtlJ~ny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
.....
.....
LOCATION MAP
N. T.5.
THIS IS NOT A SURVEY.
SHEET 1 OF 3
~ N/A ~
SCALE:
OWN. D.J.C. 1 CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G ....
..
"'Ill
llailey. FI)11)~ny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phcne: 561-965-8787 Fax: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
....
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WEST INDUSTRIAL AVE.
THIS IS NOT A SURVEY.
(Jailey- Fo1oFny, inc_
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8963
,..
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
SHEET 2 OF 3
.....
~ ""'Ill
SCALE: 1"=20'
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
.... JOB NO. 02-0012 G .....
,r
'"
FIRE HYDRANT EASEMENT IN LOT 8 OF
BOYNTON BEACH INDUSTRIAL PARK NORTH
A PARCEL OF LAND IN LOT 8, BOYNTON BEACH INDUSTRIAL PARK NORTH, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 20 AND 21, PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE BEAR NORTH 88 DEGREES 08
MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 235.09 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88 DEGREES 08 MINUTES 20 SECONDS
EAST, ALONG SAID NORTH LINE, A DISTANCE OF 12.00 FEET; THENCE SOUTH 01 DEGREES 51
MINUTES 40 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 88 DEGREES 08 MINUTES
20 SECONDS WEST, ALONG A LINE 12.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF
SAID LOT 8, A DISTANCE OF 12.00 FEET; THENCE NORTH 01 DEGREES 51 MINUTES 40 SECONDS
WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
CONTAINING: 144 SQUARE FEET OR 0.003 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
CERTIFICATION:
I HEREBY CERTIFY THAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON,
MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF
FLORIDA, IN ACCORDANCE WITH CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES.
DATE: 02-18-03
Q/
.:,^
,.,. u _
PAUl t):1 TORNY
DAILEY-FOTORNY, L.B.No. 1376
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
"'" THIS IS NOT A SURVEY.
SHEET 3 OF 3
.....
...
~ N/A ....
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
... JOB NO. 02-0012 G
~
[Jailey. Fo1o~nYt inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8~63
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVI CE
...
.....
2. Mark (x) all
that apply
1111111 FLORIDA DEPARTMENT OF REVENUE
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY
PLEASE READ INSTRUCTIONS BEFORE COMPLETING)
1. Parcelldentiticatlon .Number [Qj m ~ rnl~JT~r@j ITrooe~ DD'[~j~B0ErDlj
(If ParcellD not available
~I;;~~s~~!~ ~~~~ P~perty DDDDDDDDD ~~~[g~DDDDDDDDD
Transaction is a split Property was improved
or cutout from D with building(s) at time
another parcel? -. of sale/transfer? -.
DenBesten & Bokhoven,
blET
FIX:R1024(OO)
DR-219
R. 07/98
r
Multi-parcel
transaction? -.
D
~
Ltd.
3. Grantor (Seller):
Last
PO Box 55367
Mailing Address
First
MI
Orlando
City
Corporate Name (if applicable)
FL ()
State Zip Code Phone No.
City of Boynton Beach
Corporate Name (if applicable)
33435 (56~7426000
Zip Code Phone No.
4. Grantee (Buyer):
Last First MI
100 E. Boynton Beach Blvd. Boynton Beach
Mailing Address City
5. Date of Salerrransfer Salerrransfer Price
00/ [][]/ DOOD $DDDDDDODD . [Q][QJ r~~~~e~lnlpalmBeaCh
Month Day Year (Round to the nearest dollar.)
6. Type of Document D ContracUAgreement f\71 Other 7. Are any mortgages on the property? If "Yes". YES D / D NO
for Deed ~ outstanding mortgage balance:
D ~:~~nty D g~=dClaim (Round to the nearest dollar.) $ D D D,D D DO 0 0 . [Q] [ill
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 D / fil NO
Sale of a partial or undivided interest? Related to seller by blood or marriage. ~
FL
State
9. Was the sale/transfer financed? YES D / ~ NO
Conventional 0 Seller Provided D
If "Yes", please indicate type or types of financing:
Agreement or D 0
Contract for Deed Other
10. Property Type:
Mark (x) all
that apply
Residential
D
Commercial
~
Industrial
D
Institutional/
Agricultural Miscellaneous
D 0
YES D / ~ NO
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
.
Timeshare
o
Cents
$OOOODDOOD [QJ[Q]
$OOOO@]DOOO . DO
YES ~ / D NO
Government
D
Vacant
D
Acreage
o
13. If llil..1ax is due in number 12. is deed exempt from Documentary Stamp Tax under s. 201.02(6). Florida Statutes?
Under penalties of perjury. I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by someone other
Lthan the taxpayer. his/her declaration is based on all information of which he/her has any knowledge.
Signature of Grantor or Grantee or Agent Date
WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp
This copy to Property Appraiser
I
,
O. R. Book ODODD
and
Page Number DDDD
and DDDDDODODDDDD
File Number
Date Recorded DO/DD/DODD
Month Dav Year
This copy to Property Appraiser
7
v ~-~
1111111
FLORIDA DEPARTMENT OF REVENUE bll.. . E.. IT.
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY
(PLEASE READ INSTRUCTIONS BEFORE COMPLETING)
Enter numbers as shown below. If typing. enter numbers as shown below.
FOOR10240300
DR-219
R. 07/98
1. Parcel Identification Number
(If ParcellD not available
please call County Property
Appraiser's Office) .....
o
23456789
0123456789
r
08434520200000060
Mailing Address
MI
Orlando
City
Property was improved
with building(s) at time
of sale/transfer? .....
DenBesten & Bokhoven,
Corporate Name (if applicable)
)t
Ltd.
2. Mark (x) all
that apply
Multi-parcel
transaction? .....
Transaction is a split
or cutout from .....
another parcel?
3. Grantor (Seller):
Last First
PO Box 55367
FL
4. Grantee (Buyer):
Last First
100 E. Boynton Beach Blvd.
Mailing Address
5. Date of SalefTransfer
( )
State Zip Code Phone No.
City of Boynton Beach
MI
Boynton Beach
City
SalefTransfer Price
Corporate Name (if applicable)
FL 3343 5 ( 5 6 ~ 742 60 0 0
State Zip Code Phone No.
2
26
3
$
O 0 Property 60
. Located In
County Code
Month Day
Year
Contract! Agreement
for Deed
Quit Claim
Deed
(Round to the nearest dollar.)
Other r- 7. Are any mortgages on the property? If "Yes",
outstanding mortgage balance:
(Round to the nearest dollar.) $
YES
NO
6. Type of Document
Warranty
Deed
00
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
Sale of a partial or undivided interest? Related to seller by blood or marriage.
)t NO
Conventional
Seller Provided
)( NO If "Yes", please indicate type or types of financing:
Agreement or
Contract for Deed Other
9. Was the sale/transfer financed? YES
10. Property Type: Residential Commercial Industrial
Mark (x) all )(
that apply
Institutional/
Agricultural Miscellaneous Government Vacant
Acreage Timeshare
11. To the best of your knowledge, was personal property YES
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
)( NO $
$
Cents
00
..
0.00
13. If ~ is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES )t NO
Under penalties of perjury, I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by someone other
Lthan the taxpayer, his/her declaration is based on all information of which he/her has any knowledge.
Signature of Grantor or Grantee or Agent Date
WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp
This copy to Department of Revenue I
.
O. R. Book DDDDD
and DDDD
Page Number
and DDDDDDDDDDDDD
File Number
Date Recorded DO/DO/DODD
Month Dav Year
This copy to Department of Revenue
CITY CLERK'S OFFICE
MEM.ORANDUM
TO: Mike Rumpf
Director of Planning & Zoning
r
FROM: Janet M. Prainito I ill nw~ @
City Clerk
DATE: November 16, 2004 1D16m
COPY: Central File DEPARTMENT OJ: OEVHOPMf:Nl
RE: Recorded Easements
Attached for your information and files are copies of the following easements that were
recorded in Palm Beach County:
1. 1325 Gateway, LLD
2500 Quantum Lakes Drive - Suite 101
Boynton Beach, FL 33426
PCN: 08-43-45-17-07-000-0180 and 08-43-45-17-07-000-0190
2. DenBesten & Bokhoven, Ltd.
PO Box 55367
Orlando, Florida
PCN: 0843452020000060
3. C&C Realty Investments, LLC
1587 SW 4th Avenue
Delray Beach, FL 33444
PCN: 084345520200000090
If you have any questions, please do not hesitate to contact me.
~Yn.P~
. Attachments
S:\CC\WP\EASEMENTS\Memo Transmitting Recorded Easements.doc
1111111111111111111111111111111111111111111111111111111
~~:
O.ffice of the City Clerh
CIty of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 3342!J EASEMENt
THIS rNDENTURR made tbi~ 7 day of ~ A.D., 2003
By ~~ & C. Realty Investments, L.L.C.
CFN 20040560705
OR BK 17586 PG 0177
RECORDED 10/04/2004 08:37:08
Palm Beach County, Florida
Dorothy H Wilken, Clerk of Court
a Limited Liability Company existing under the laws of Florida
and having its principal place of business at 1587 S.W. 4 Ave., Delray Beactl, FL 33444
first part, to the City of Boynton Beach, a political subdivision of the State of
Flo~ second party;
(Wherever used herein, the terms, "first p~" and "second
party" sball inellJde singular and plunJ, heirs, legal
representatives and assigns of individuals and the successors
and assigns of oorporatiQn~ 'Wherever the context 50 admits or
teq~lI)
WITNESSETII
Whereas, the first party is the OwneI of property situate in Palm Beach
County, Florida, and described as follows:
p~ 06434520200000090
Legal J)g"aiyLivu. See attached Sketches & Lagals
(lnd,
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,
WHEREASt the first party is willing to grant such an easement,
NOW. 11mRBFORB, for and in oonaiderooon of th. J.11utuM ooverw.u.c aGoh
to the other nmning and one dollar and other good and valuable
considerationst the first party does hereby grant unto the party of the second
part" its successors and assigns~ full and free right and authority to construct,
maintain~ repair, install and rebuild facilities for above stated purposes and
rl",f'~~ heri':hy ernnt " l'p.ft'lt'JhlJtl Al'lSP.Jll~nt, on nVF.T linn .q~ros~ thf': 1'Ih.-.VP.
described property for said purposes.
t
IN WfrNt::s~ WH~Rl.1Uf, the first party has caused these presents tD be duly
executed in its name and its corporate seal to be hereto affixecL attested by its
proper officers thereunto duly authorized. the day and year first above written.
Signed, sealed and delivered
In Lhe presence of:
P f uyy1~
1 e
~M~ ~. Mootz~
Print Na.trle
f0d&4r/n%-
Signabu'e
ATfEST:
Secretary
?4J'- A 'D8~t'SVoDR.'1
PriDl NlIIJ1e
(CORPORAlE SEAL)
STAlE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State at:Kl County aforesaid to take acknowledgments~
Personally appeared --..t{la N 0 em OC7_
I
well known to me to be the (Jt.tlv1:f..C and 1:::\0. me of. r ,
respectively, of the Limited Liability Company 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
dub vested in them by said . Company and that the seal affixed thereto is the
true Company seal of said Company
~ss my hand and official seal in the Country and State last aforesaid this
;;'1 day of f=e'on..ta ry A.D., 200~.
~a ::I~
Notary Public in and for the
State ~ County aforesaid.
MA-y' 1, doDOS
~My commission expires:
.
PATRICIA FARMER'
COMMISSION . 00 9~1 I
exPIRES MAY 01 2005
8ClfClftl1HllC)l.GH
~NOWlY
~.
y
I \..
1I)"''b ~FlOAES
II) t;;;:~.~
WAl/J) !J
:z: c..MI
o
()
1AfFE.', :I
NW '~....
c'l\~
MOTOROLA\ .
CORP 1
BORG- :
::c
"
J:
LOCATION MAP
N. T.S.
ill
~
THIS IS NOT A SURVEY.
SHEET 1 OF 3
r- SCALE: N/A .....
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
.... JOB NO. 02-0012 G ~
(Jailey. FI)11)~ny. inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8963
~ ~
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
....,j
+
88-08'20.
15.00'
-"
O.
fT1
)>
(f) IJJ
=E 0 --l
- C
)> ~ z
-i fT1
rT'l N 0
;0 N -rj
C 1"1
-z
LOT 9 ZrT'l -
rrT'l 0
(Jl
0)> 0
-i(/) 0
tO~ I
6.0' 9.0' 10.0'
rT'l
Z
-i
Z
0
.
N 25.0 '
=t-
LOT 8
THIS IS NOT' A SURVEY.
Ilailey. FI)11)~ny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8963
P'"
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
SHEET 2 OF 3
......
,... 1-=20' ....,
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G .....
r
""
WATERLINE EASEMENT NO.2 IN LOT 9 OF
BOYNTON BEACH INDUSTRIAL PARK NORTH
THE WEST 15.00 FEET OF THE EAST 25.00 FEET OF LOT 9, BOYNTON BEACH INDUSTRIAL PARK
NORTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 20 AND 21,
PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS.
CONTAINING: 1,575 SQUARE FEET OR 0.036 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
CERTIFICATION:
I HEREBY CERTIFY THAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON,
MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF
FLORIDA, IN ACCORDANCE WITH CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES.
DATE: 02-18-03
~~
. "
~A
.., \oil - W""'-
PA l' FOTORNY
DAILEY-FOTORNY, L.B.No. 1376
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
THIS IS NOt A SURVEY.
SHEET 3 OF 3
""'l
N/A ......
SCALE:
OWN. D.J.C. I CHK. P.J.F.
DATE: 02-18-03
.... JOB NO. 02-0012 G ~
(Jailey. FI)11)~ny. inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fax: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
...
.....
LOCATION MAP
N. T.S.
THIS IS NOt A SURVEY.
SHEET 1 OF 3
r" N/A
SCALE:
OWN. O.J.C. , CHK. P.J.F.
DAlE: 02-18-03
.... JOB NO. 02-0012 G ....
[)aile)'.FI).I)~n)'. inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Plume: 561-965-8787 Fax: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
MATCH ~ ~ UNE
r.: .n
..., N
..., ",
~
10' UTlLlTY EASEMENT
a
o
~
EAST LINE
OF LOT 9
o
to
a
ai
en
t-
g~
1:!
..
t-
is g OC)
~ m
c(w 6.0' 6.0
W . ~ en
wO . l- t-
ZN 0 9
Go N 0
::J P ..
a:: 6.0' 6.0 GO 1:
0"> i ~ I~ i ...J ii:
....
is inl
I- ;
...,
0 r.: OC)
...,
W ...,
.....J 0"> w
Z
::J l-
I- a::
~ a ~
~ 0
0 ~ I~ .n
N
.....J ", ...J
(,) w ~
"
. . ~
en 37.00' ~
25.00' Go GO
~ P
(,) '" ~ ~
0
~ N
" g Z 1x>
a . p
CIJ I.L ~
~ en 0
'" lJJ Z
I.IJ z
~ :J
~ ~
Go 5 '"
~ b Vl ~
0
lJJ N .J
\'~ i I.L
Z 0
1x> lJJ
P z
~ ::J
6.0' z ~
;:)
0
Vl
VI
o
~
MATCH
UNE
WEST INDUSTRIAL AVE
THIS IS NOT A SURVEY.
SHEET 2 OF 3
.....
SCALE: 1. =40'
OWN. O.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G .....
,...
...
(Jailey. Fo1opny, inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phone: 561-965-8787 Fa.x: 561-965-8963
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
....
.r
~
WATERLINE EASEMENT NO.1 IN LOT 9
BOYNTON BEACH INDUSTRIAL PARK NORTH
A STRIP OF LAND, 12.00 FEET IN WIDTH IN LOT 9, BOYNTON BEACH INDUSTRIAL PARK NORTH,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 20 AND.21, PALM
BEACH COUNTY, FLORIDA, PUBLIC RECORDS; SAID 12.00 FOOT STRIP OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE BEAR NORTH 01 DEGREES 41
MINUTES 11 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 9, ALSO BEING THE EAST
RIGHT-OF-WAY LINE OF WEST INDUSTRIAL AVENUE AS SHOWN ON SAID PLAT, A DISTANCE OF 32.51
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01 DEGREES 41 MINUTES 11
SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 9 AND ALONG SAID EAST RIGHT-OF-WAY LINE,
A DISTANCE OF 16.92 FEET; THENCE SOUTH 46 DEGREES 51 MINUTES 40 SECONDS EAST, A
DISTANCE OF 17.58 FEET TO AN INTERSECTION WITH A LINE 37.00 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID LOT 9; THENCE NORTH 88 DEGREES 08 MINUTES 20 SECONDS EAST,
ALONG SAID PARALLEL LINE, A DISTANCE OF 94.79 FEET; THENCE SOUTH 46 DEGREES 51 MINUTES
40 SECONDS EAST, A DISTANCE 26.15 FEET TO AN INTERSECTION WITH A LINE 18.50 FEET NORTH OF
AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 9; THENCE NORTH 88 DEGREES 08 MINUTES 20
EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 446.58 FEET TO AN INTERSECTION WITH A LINE
25.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 9; THENCE SOUTH 01
DEGREES 39 MINUTES 22 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 12.00 FEET
TO AN INTERSECTION WITH A LINE 6.50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID LOT 9; THENCE SOUTH 88 DEGREES 08 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL
LINE, A DISTANCE OF 325.33 FEET; THENCE SOUTH 01 DEGREES 51 MINUTES 40 SECONDS EAST, A
DISTANCE OF 6.50 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 9; THENCE
SOUTH 88 DEGREES 08 MINUTES 20 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF
12.00 FEET; THENCE NORTH 01 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 6.50 FEET
TO AN INTERSECTION WITH A LINE 6.50 NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID
LOT 9; THENCE SOUTH 88 DEGREES 08 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 89.00 FEET; THENCE SOUTH 01 DEGREES 51 MINUTES 40 SECONDS EAST, A DISTANCE
OF 6.50 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 9; THENCE SOUTH 88
DEGREES 08 MINUTES 20 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 12.00 FEET;
THENCE NORTH 01 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 6.50 FEET TO AN
INTERSECTION WITH A LINE 6.50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID
LOT 9; THENCE SOUTH 88 DEGREES 08 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 13.18 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 40 SECONDS WEST, A
DISTANCE OF 26.15 FEET TO AN INTERSECTION WITH.A LINE 25.00 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID LOT 9; THENCE SOUTH 88 DEGREES 08 MINUTES 20 SECONDS WEST,
ALONG SAID PARALLEL LINE, A DISTANCE OF 94.79 FEET; THENCE NORTH 46 DEGREES 51 MINUTES
40 SECONDS WEST, A DISTANCE OF 10.62 FEET TO THE POINT OF BEGINNING.
CONTAINING: 7,165 SQUARE FEET OR 0.164 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
CERTIFICATION:
I HEREBY CERTIFY THAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON,
MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF
FLORIDA, IN ACCORDANCE WITH CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 47 .027, FLORIDA
STATUTES.
DATE: 02-18-03
~,. ~
~ ~'""-
PAUL FOTORNY
DAILEY-FOTORNY, L.B.No. 1376
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
THIS IS NOr A SURVEY.
SHEET 3 OF 3
.....
~
...
P'" N/A ....
SCALE:
OWN. O.J.C. I CHK. P.J.F.
DATE: 02-18-03
JOB NO. 02-0012 G ~
(Jailey. Fo1o~ny. inc.
land surveyors - planners
5050 10th Avenue North Suite B -
Lake Worth FL 33463-2602
Phcne: 561-965-8787 Faz: 561-965-8968
PREPARED FOR:
VERMEER SOUTHEAST
SALES & SERVICE
....
...4
3. Grantor (Seller):
Last
1587 SW 4 Ave
Mailing Address
1111111 REfJR~~~tJlN~rtR~1;~~~~E~~~y~~g~ERTY blB!
PLEASE READ INSTRUCTIONS BEFORE COMPLETING)
, ",~""ot""tlon ;,mb" [gjQj ~ QJtro'ftJ[jr2J~'~ Du'~~'ITo'D
(If ParcellD not available
~;;~~s~~!~~~~~ P~perty DDDDDDDDD ~~~~~D DDDDDDOO
Transaction is a split Property was improved
or cutout from D with building(s) at time fKl
another parcel? --. of sale/transfer? --. ~
C&C Realty Investments, LLC
Corporate Name (if applicable)
FL 33444 ( )
State Zip Code Phone No.
City of Boynton Beach
Corporate Name (if applicable)
33435 (56l17426000
Zip Code Phone No.
FCX:R1C124Cro:l
DR-219
R. 07/98
r
2. Mark (x) all
that apply
Multi-parcel
transaction? --.
o
First
MI
Delray Beach
City
4. Grantee (Buyer):
Last First MI
100 E. Boynton Beach Blvd. Boynton Beach
Mailing Address City
5. Date of SalefTransfer SalefTransfer Price
rn / [][] / DrnD $DDDDDDODD . [Q][Q] ~~:~ertJln IPalm Beach
Month Day Year (Round to the nearest dollar.)
6. Type of Document 0 ContracUAgreement I\il Other 7. Are any mortgages on the property? If "Yes", YES D / 0 NO
for Deed LAJ outstanding mortgage balance:
D ~:~~anty 0 g~~dclaim (Round to the nearest dollar.) $ D D O,D 0 00 0 0 . [Q] Q]
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer I
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? YES 0 / fil NO
Sale of a partial or undivided interest? Related to seller by blood or marriage. ~
FL
State
9. Was the sale/transfer financed? YES D / ~ NO If "Yes", please indi~~lle type or types of financing:
O D Agreement or D D
Conventional Seller Provided Contract for Deed Other
10. Property Type:
Mark (x) all
that apply
Residential
D
Commercial
~
Industrial
D
Institutional!
Agricultural Miscellaneous
o 0
YES D / ~ NO
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
>>
Timeshare
D
Cents
$DODOOOODD [Q][Q]
$DDOO@]OOOO . 00
YES ~ / 0 NO
Government
o
Vacant
o
Acreage
o
13. If lliUal\ is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes?
Under penalties of perjury. I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by someone other
Lthan the taxpayer. his/her declaration is based on all information of which he/her has any knowledge.
Signature of Grantor or Grantee or Agent Date
WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp
This copy to Property Appraiser
I
. .
O. R. Book DDDDD
and 0000
Page Number
and DDDDDDDDDDDDD
File Number
Date Recorded 00/00/0000
Month Dav Year
This copy to Property Appraiser
, 7
V v? .~
1111111
FLORIDA DEPARTMENT OF REVENUE tNl.,.... E'T..
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY
(PLEASE READ INSTRUCTIONS BEFORE COMPLETING)
Enter numbers as shown below, If typing, enter numbers as shown below,
FOOR10240300
DR-219
R. 07/98
1. Parcel Identification Number
(If Parcel 10 not available
please call County Property
Appraiser's Office) -t
o
23456789
0123456789
r
08434520200000090
2. Mark (x) all
that apply
Multi-parcel
transaction? -t
Transaction is a split
or cutout from -t
another parcel?
Property was improved
with building(s) at time )(
of sale/transfer? -t
C&C Realty Investments, LLC
Corporate Name (if applicable)
FL 33444 ( )
State Zip Code Phone No,
City of Boynton Beach
Corporate Name (if applicable)
FL 3 343 5 (5 6 ~ 742 6000
State Zip Code Phone No.
3. Grantor (Seller):
Last First
1587 SW 4 Ave
Mailing Address
MI
Delray Beach
City
4. Grantee (Buyer):
Last First
100 E. Boynton Beach Blvd.
Mailing Address
5. Date of SalelTransfer
MI
Boynton Beach
City
SalelTransfer Price
2
27
3
$
O 0 Property 60
. Located In
County Code
Month Day
Year
ContractJ Agreement
for Deed
Quit Claim
Deed
(Round to the nearest dollar.)
Other X 7. Are any mortgages on the property? If "Yes",
outstanding mortgage balance:
(Round to the nearest dollar.) $
YES
NO
6. Type of Document
Warranty
Deed
00
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?
Sale of a partial or undivided interest? Related to seller by blood or marriage.
YES
)( NO
Conventional
Seller Provided
)( NO If "Yes", please indicate type or types of financing:
Agreement or
Contract for Deed
Other
9. Was the sale/transfer financed? YES
10. Property Type: Residential Commercial Industrial
Mark (x) all )(
that apply
Institutional!
Agricultural Miscellaneous Government Vacant
Acreage Timeshare
11. To the best of your knowledge, was personal property YES
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
)( NO $
$
Cents
.00
.
0.00
13. If ~ is due in number 12, is deed exempt from Documentary Stamp Tax under s, 201,02(6), Florida Statutes?
Under penalties of perjury, I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by someone other
Lthan the taxpayer, his/her declaration is based on all information of which he/her has any knowledge.
Signature of Grantor or Grantee or Agent Date
WARNING: FAILURE TO FILE THIS RETURN OR ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25,00 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
YES )(
NO
To be completed by the Clerk of the Circuit Court's Office Clerks Date Stamp
This copy to Department of Revenue I
. . ~!
DDDDD ,
o. R. Book
and DDDD
Page Number
and DDDDDDDDDDDDD
File Number
Date Recorded DO/DO/DODD
Month Dav Year
This copy to Department of Revenue
CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT
124 E. Woolbright Road
Boynton Beach, FL 33435
561-742-6400
FAX 561-742-6298
LETTER OF TRANSMITTAL
Date: September 13,2004
TO: Mary Ann Sarka
City Clerk's Office
RE: Vermeer Southeast Sales and Service
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Pages Description
7 Easement from C&C Realty Investments
2 DR 219
12 Easement from DenBesten & Bokhoven
2 DR 219
Remarks: Please have the easement recorded, and then retain a copy of all
documents in permanent file. These easements pertain to one business occupying
2 separate, adioining parcels. Thanks.
Signature:
if'_
Peter V. Mazzell~
. lie
Copy to:
File (w/copy of attachments)
" I
,.
, .
'I~murn~m~mmml~_~~u~ml_~
08/21/2003 12:36:36 20030495610
OR BK 15725 PG 0094
Palm Beach County, Florida
Sl~COND AMENDMENT TO JOINT
USE AND COOPI!:RATION AGREF:l\lENT
TillS FIR. ST AMEND~tENT made. and entered into thls-ltlt,_day t)f,t?1.L1___ .2003, by and
between DE:NBESTEN & UOKHOVI~N, L TD" a Florida Limited Partnership (D & B), and C
& C REALTY INVESTl\lENTS, L.L.c., a Florida Limited Liability Company (C & C)
RECITALS
f\, C & C and L> & B previollsly entered lClto .a JOII\;T USE AND COOPERATION
AGREEMENT (the Ag,'cemcllt) on August 5, 2002, whir.;h Agrt:clllent is recorded in O.R Book
l4180, Page 1643, Palm Beach Count.y Public Records, which Agrecment was amended by First
Amendment dated February 20, 2003, and recorded in OR Book 15096, Page 41\, Palm Beach
Public Rt:cords.
13 C & C and 1> & B desire to tlllther amend the Agr'cel1lellt to dcknmvledge that the well
that is provided for in the First Amendment will also provide irrigation \vatcr to s~rv~ the landscaping
butler between lots Sand 6
NOW, THEREFORE, for and ill cUllsit.!t:ratio[l or the covenants and agreements contained
herein, and other good and valtJable considerations, the receipt and sufrkiency of which are hereby
acknowledged, D ~~ Band C & C amend the Agreement as foHmvs
l Paragraph 6 of the Agreement IS amended to r~ad as foll,)\vs
"6 In order to provide water for th~ purposes contemplated in the Ag,.ccIIIl'lll, a wdl
v."ill be install~d anc\maintained on the real property described on the attached Exhibit A,
at a location lktennined by 0 & B C S, C and D & 13 shall share equally in all costs
of installation and in all tl1ture costs of maintenance and repairs to the wc:ll D & B
will pay for the ~~osl of power to run the well and sprInkler irrigation pump All other
costs and expenses shall be shared equally
A. D & U and C & C both acknowledge that the well will also be the sole source ufirrigation
\v(tler for the landscaping described In Paragraph 2 l1fthat certain Joint tisc and Cooperation
Agreement betwc\.:1l D & B and John D. Phillips and Terri A Phillips recorded In 0 R. Book
141 SO , Page 16.:10, P,dm lkach Coullty Public Records, alld will contillue as sLlch s\.)uree
unless replaced by all altemalivc source or irrigatioll \-vater that continues (0 meet the
irngation requirements of the Land Devl:~jopl1lent Regulalions of the City of Boynton Beach
as may be cunended thHll time to time"
3 III all respects lwt inconsislent herewith, th\;' Agr'e(:ull~lIt, as prtWilH1sly amcmkd, LS latitit::J
and confirmed in all respecls
,
,
.
.J
n~OK 15725 PAGE 0095
~othy H. Wilken, Clerk
IN WITNESS WHEREOF, D & Band C & C have executed this Second Amendment on
the day and year first above written.
Signed, sealed and delivered
in the presence of:
DENBESTEN & BOKHOVEN, LTD
a Florida Limited Partnership
By: Denbok, ~., General
part~~ ~
By: ..... !&
Pries dent
[CORPORATE SEAL]
C & C REALTY, I VESTMENTS .)L. C.
a Florida Li - . ity
Company //
BY~~.~
~. ager .
~~ By:i~G-/
,~ ~na er
Printed Name IJd/,Lim b>Of1/J'?C.cJOL_
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this
~ day Of~~v.A?' 2003, by Merle DenBesten, as President of
Denbok, Inc a Florida corporation, on behalf of the corporation.
He is personally known to me or nas prod~ced
as identification.
~~o..., c7f ~~t
Ndltary Public
Printed Name:...cln7"{f"~A- LWHZ7€S:Z'Dt:
My Commission xp1.res: 8JI?/O/.,p
STATE OF FLORIDA
COUNTY OF
~ The foregoing instrument was acknowledged before me this
~ day of ~Iall~'-, 2003, by Mario Chavez and Carl casagrande
as the sole ~ of C & C Realty Investments, L.L.C. a
Florida limited liability company, on its behalf. They is are
personally known to ~ or~have roduc~d. ,
__ as.. l.den~n.
a~u.uuuu';ATRiCiAxFARME.Ru No ary ~&:) "
~~~~1 printed. Na~e:.....;~,:"Ic..iC( Far-mer
1ONDlDYl<<lUGH My Comml.ssl.on Expl.res Sll! j;,,;?ObS
Th ~b d
to be re urne
CARTER A. BRADFORD
304 East Colonial Drive
Orlando, Florida 32801
)eg@:~W ~' /.
Ii. __/~_
p~inted Name '"j//,b._ ;~-~~
/~:..-:r.t'fitr. CYNTHIA L. WHITESIDE
~../'~\..~ MYCOMMISSION # DO 143413
~~t#i EXPIRES: AuguSl19, 2006
,Jlr.,!l\" Bonded Thru Nolary PUblic Underwriters
'-.
11111/11111111I11111 ~ 11/1111111111111111111111111111
08/21/2003 12:36:36 20030495611
OR BK 15725 PG 0096
Palm Beach County, Florida
FIRST AMENI>.'\'IENT 1'10 .JOINT
USE AND COOPERA TION AGREKl\1E~T
'1 HIS FIRST AMENDMENT made and entered into this .:ltt. day of dlJ-!_ ,2003, by
and between I>I<:NBESTEN & BOKHOVEN, LTD., a Florida Limited Partner~ip (D & R), and
JOHN n. PHILIJPS and TEIU~I A. PHILLll)S, husband and wife, (PHILLlPS)
RECTrALS
A D & nand PlIlLLll'S previously entered into a JOII\T USE AND COOPEH.A TI01\l
AGREEMENT (the Agl"eem('nt) on August 15,2002, which Agreement is recorded in 0 R. Book
14180, Page] 640, Palm Be<lch County Public Records.
13 D & Band PRILU PS desire to amend the Agn'(,ltl('ltt to ilcknowledgc the source or
irrigation water for the lot line landscaping, and to correct a typographical error
NOW, THEREFORE, for and in consideration of the covenants and agreements contained
herein, and other good and valui'lble considerations, the receipt and sutliciency of which are hereby
acknowledged. l) & B i'lnd PHn .LIPS amend tlH~ Agreerncnt as folJows
I The reference to" (see p(lragraph 1 r in Paragraph j of the Agreement is changed 10 read
"( see paragraph 2)"
. 2. Paragraph 4 ofthc Agn'rmNll is 3mcnded by adding the following sub..pmagraph A to
read as follows
"A n & Band PBILLll'S hath acknovileclgc tha~ the single source nfirrigaliol1
water for the landscaping described ill that cCltain .Joint Use and Cooperation
Agreement between n & Rand C & C recorded in OR Book 141 RO, Page 1643,
Palm Beach County Public Records is that provided by the \\.'e11 and pump system
10cHted on I,ot 8 (O\vned by D & B), and that this source of irrigation water will
continue to meet the original intent orthis Agreement unless replaced by an illtcrnate
some-I' of irrigation w3ter that <.~ontinues to satis(v (he irrigation requirements of the
L,lI1d Development Rcgulntions of the rity or Boynton Beach as may be amended
from time 10 time."
} In allrcspeclS not inconsistent herev./ith, the Agl'erll1{'nt is ratified and conllrmed in all
respects
IN WITNESS WHEREOF, 0 & B and PHILLIPS have executed this First Amendment
on the day and year first above written,
jj L.... -"..-.~--"~--~~~~..~_~ TIiI._n...&M.\I.___""'__"'__,..._......_.~_"'_,..._.._~_____~.._
.-." t
-~OK 15725 PAGE 0097
Jrothy H. Wilken, Clerk
"
Signed, sealed and delivered
in the presence of:
DENBESTEN & BOKHOVEN, LTD
a Florida Limited Partnership
By: Denbok. ~c.. General
par~d ~~
By: ... ~ ) L
Pr sident
[CORPORATE SEAL]
~ /)/ ~.
Printed Name .~.()V\pj { tt.-;1 _ Jol ,~
Printed N~J$;u' {1tl{ 'P
STATE OF FLORIDA
COUNTY OF ORANGE
The fore oing instrument was acknowledged before me this
~~ day of , 2003, by Merle DenBesten, as President of
Denbok, Inc a lorida corporation, on behalf of the corporation.
He is personally known to me ~~B preduced
a~ idcntificatioR.
...'?,':it;u'"" CYNniIA L WHITESIDE
~:f'';K~:~ MY COMMISSION' DO 143413
~A'''''l EXPIRES: Augusl19. 2006
. ''1,1if.:~~~' BaxIod ThnJ NOlllry Public Underwrite,.
~ti.o(.~~
tary Public
Pr inted Name: J'iP""(H:r:A. L W H :r7Es.2 D €
My Commission plres:~JWO~
STATE OF FLORIDA
COUNTY OF
.~/I~fr jh The foregoing
.2X.L day of Ap(4$.+
Phillips. The are
instrument was acknowledged before me this
, 2003, by John D. Phillips and Terri A.
personally known to me 01:: have p1::oduced
~~ identificatioh.
This instrument prepared by
and returned to:
CARTER A. BRADFORD
304 East Colonial Drive
Orlando, Florida 32801
es :""""'/ Kelly L. Balke
""'~ Pu '/ .. 985254
l~~:.&."."."'%:'~ Commission # CC
=:>1 :.;,.:: Expires Dec. 3,2004
~~\ /f2~ Bonded Thru
....,%i'ijf.~.i."}" \\Iantic Ronding Co., Inc.
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