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APPLICATION PROJECT NAME: Boynton Commerce Ctr. Lot 3B LOCATION: West ofI-95, East of Congress, South of Woolbright Rd. PCN: 08-43-45-32-14-003-0020 FILE NO.: ABAN 03-009 II TYPE OF APPLICATION:Abandonment I . AGENT/CONTACT PERSON: OWNER: Nayrot Realty, Inc. Winston Lee PHONE: Winston Lee & Associates, Inc. F A.,X: PHONE: 689-4670 ADDRESS: FAX: 689-5559 ADDRESS: 1532 Old Okeechobee Road Suite 106 West Palm Beach, FL 33409 Date of submittal/Proiected meeting dates: SUBMITTAL / RESUBMITTAL 5/21/03 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: 7/7/03 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 7/22/03 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 8/5/03, 8/19/03, 9/2/03 COMMENTS: S:\PlanningISHARED\VVP\PROJECTS\Boynton Commerce Ctr\Boymon Commerce etr. Lot 3B\ABAN 03-009\2003 PROJECT TRACKING INFO.doc City Codes Acc:csscd Via \Vi;bsite d) \l.'\l.'w. boynIDn-bcsch. org ,,",w'mlcg,l.com'bO,TIton besch..fl,us '3 Has applicant attended a pre-application meeting? YeS, Date: April 14, 2003 CITY OF BOYNTON BEACH APPLICATION TO ABANDONNACATE PLANNING & ZONING DIVISION NOTE: This fonn must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) copies of application are required.) PROJECT NAME: Boynton Commerce Center Lot 3B AGENT'S NAME: Winston Lee & Assoc., Inc./Joni Brinkman ~. AGENT'S ADDRESS: 1532 Old Okeechobee Rd. #106 West Palm Beach, FL 33409 561-689-4670 AGENT'S PHONE: AGENT'S FAX: 561-689-5559 OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: Nayrot Realty, Inc. 4444 ste Catherine W #100 Westmount QC H3Z1R2 Canada OWNER'S PHONE: 514-938-1050 OWNER'S FAX: 514-938-9575 PROJECT LOCATION: OR peN NUMBER 08-43-45-32-14-003-0020 (not legal description) CORRESPONDENCE ADDRESS:' (if different than <3gent or owner) . This is the address to which all <3gendas, letters <3nd other materials will be forwarded. The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the, (check one): ( ( ( ( ) ALLEY ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY xx 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 Board or Community Redevelopment Agency and City Commission meeting;; 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 interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ) DEED xx ) DEDICATION ) PRESCRIPTION Recorded in Beach County, Florida. p]"t Book 4 Ii , Page 1:;> Ii , and Public Records of Palm 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 list of names and addresses of the owners and occupants of abutting real property, addressed envelopes and 1st class postage (stamps or pay for required postage). NAME ADDRESS Lowes Horne Centers, Inc. P.O. Box 1111, N. Wilkesboro, NC 28656 Nayrot Realty, Inc. 4444 ste Catherine W #100, Westmount, QC H3Z1R2 Canada 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, o'r, 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: The portion to be abandoned is entirely within Lot3B and does not effect the existing access to the Lowes Center or access to the 30' easement to the east. DATED: :;-. / q. 0'5 APStZ.1 NT(S) NAME (PLEASE SIGN) .~~ ADDRESS Winston Lee & Associates, Inc. 1532 Old Okeechobee Road #106 West Palm Beach. FL 33409 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly swom by me the day and year above indicated, deposed and stated that _ he _ are/is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the s d that the facts ther' t forth are true and correct to the best of their knowledge. 3,~ . :I':' a\. Marilyn Hf'rr ~ndez ~~; My Commission 00030615 on..' Expires June 03, 2005 My Commission Expires: Updated 10/15/01 SKETOt ANr lESCRIPll0N BOYNTON COMMERCE CENTER PORTION OF EASEMENT TO BE VACATED NOTES: 1. Reproductions of this Sketch are not volid without the signature ond the originol raised seol of 0 Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements. or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records hos been made by the Surveyor. 3. The land description shown hereon was prepared by the surveyor. 4. Data shown hereon wos compiled from instrument(s) of record ond does not constitute a boundary survey. 5. No underground improvements were located. 6. Bearings shown hereon are relative to said plat with the west line of the Parcel 3B hoving a bearing of N02"21'32"E. 7. Abbreviotion Legend: L = Arc Length; L.B.= Licensed Business; P.B.= Plat Book; P.B.C.R.= Palm Beach County Records; PG.= Page; P.L.S.= Professional Land Surveyor; P.O.B.= Point of Beginning; P.O.C.= Point of Commencement; R = Radius; 1:::,.= Central Angle; R/W= Right-of-Woy. CERTlFICA TlON: I HEREBY CERTIFY thot the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY thot this Sketch ond Description meets the Minimum Technicol Standords set forth in Chopter 61G17-6, Florida Administrative Code, pursuant to Sp.ction 472.027, Florido Statutes. ~ _, Dot. 5j?~? ~HN T~-;;;: PLS Florida Registrotion No. 4409 A V1ROM & ASSOCIATES, INC. L.B. No. 3300 I SKETCH NOT VAUD 'MlHOUT SHEET 1,2 & 31 REVISIONS ,(C'") AVlROM&ASSOCIATES. INC. fF/ SURVEYING & MAPPING Ii II 50 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 \. ~ 4. ~ J TEL. (581) 382-2584, FAX (581) 384-7125 ~~SHED;!:/ @2003 A\IIROIot at ASSOOAlES, .NC. All RIGHlS RESERIoED. JOB N0.4109 40 SCALE: NOT TO SCALE DATE: 05/05/03 DRAWN BY: C.L.P. SHEET: 1 OF: 3 I SKETCH AN' DESCRIPTION BOYNTON COMMERCE CENlER PORTION OF EASEMENT TO BE VACATED LAND DESCRIPTION: A portion of on existing Ingress/Egress and Utility Eosement, Being a portion of Parcel 3B, BOYNTON COMMERCE CENTER, occording to the Plot thereof os recorded in Plat Book 46, Poges 126 ond 127 of the Public Records of Polm Beach County, Florida, more particulory described as follows: Commence at the Southwest corner of said Porcel 3B; thence N02'21'32"E, olang the West line of said Porcel 3B, 56.54 feet to 0 paint of curvoture, of 0 curve, con cove to the Eost, having a radius af 525.00 feet ond 0 central ongle of 16"17'08"; thence Northerly on arc distance of 149.23 feet to the Point of Beginning; thence continue Northeriy along said orc, hoving 0 radius of 525.00 feet, a centrol angle of 03"22'22" and on orc distonce of 30.90 feet; thence N79'20'19"E, 16.10 feet; thence S86"23'08"E, 28.43 feet; thence S88"32'11"E, 383.14 feet; thence S80'55'39"E, 59.73 feet; thence S78'19'09"E, 7.05 feet; thence S73'53'03"E, 223.68 feet; thence S75'45'38"E, 23.80 feet; (preceding eight, beorings ond distances being along the existing South povement line), to a point of curvoture of 0 curve, concove to the Southwest hoving a radius of 20.00 feet and a central ongle af 95'45'53"; thence Southeasterly an arc distance of 33.43 feet ta a point of tongency; thence S20'00'15"W, olong the Westerly line of on existing 30 foot ingress, egress ond utility easement, 23.37 feet to 0 point of cusp ond point of curvature, of a curve can cave to the Southwest, hoving a rodius of 20.00 feet ond a centrol ongle of 92'32'26"; thence North and West, along 0 plotted easement, on orc distance of 32.30 feet to a point of compound curvature of 1 ~~rve, concove to the South, hoving a radius of 1961.50 feet and 0 centrol ongle of 16"00'Og"; :hO"C2 Westerly an orc distonce of 547.84 feet to a point of tangency; thence N88'32'20"W, :~5 35 feet to a point of curvature of a curve, concove to the Southeost, hoving a rodius of ;,:J \CO feet and a centrol angle of 72'48'59"; thence South ond West, on orc distonce of 25.42 feet '0 ..1'" Point of Beginning (the preceding three courses and distonces being olong the Southerly line .., ,h e soid plotted ingress, egress ond utility eosement). . i 281': onds lying and situote in Palm Beoch County, Florido. ~'(ETCH NOT 'lAUD WITHOUT SHEET 1,2 & 31 "~'lSIONS /(')\ AV,ROM&ASSOCIATES, INC. tt'i a~) SURVEYING & MAPPING ~ Si 60 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33482 ~, TEL. (6811 392-2694, FAX (6811 394-7126 ~48USHED t#J @2oo3 A VlRON & ASSOCIATES. INC. AlL RIGHTS RESERVED. JOB NO.4109-40 SCALE: NOT TO SCALE DAlE: 05/05/03 DRAWN BY: C.L.P. SHEET: 2 OF: 3 SKETCH AND " 'SCRIPllON BOYNTON COMM~~CE CENTER PORTION OF EASEMENT TO BE VACATED N02'21'32"E ~16'17'08" 56.54' R~525.00' - - - ---=-=- :::~!1!!:..23' 4,OJ. _ - - -- - -:::-: _ tr~s <<,<.. ::'_~::: __, CQ':--""'JO~5.00' '< P.O.B.--'<'-~!;~~,,- '~i\\ ", ^- "- ,i:;", . '-'~/,...... "- . -< .... g;c r;or> Z ~. . ~ II n 11 en ~ "'tJ NN-.....J ~~ I i ~~ ~~~?l~ i'l ! NO NOCXl.~N ~ 9'~ ..(}1 .....:.0 ',""':011: U; ~ :1 I !" . Ej " ~lJ .,.)> m '::0 " po ;;;fTl !"r " iD p~ ~ ~ NOT TO SCALE EXISTING 50' INGRESS, EGRESS .Ie UTILITY EASEMENT (PER PLAT) '- __L P.O.C. s, W. CORNER PARCEL 3B (P.B. 46. PG, 126. p,B-C.R.) Ul I '" N~ -...,J \",,,, ~ 10 \:,.,,\ Ol,.; VlO :""0 I "CD O~ :: .w fTl , fTl ~ o o .... aJ :D C5 ::t -I :D o > o Ul I",g: I'" . ",'" ,. '" ~ - 1.Jla:.:::: fTl ~'1J '" :..)> !"::o pO _fTl '" !"r " ~U ~O v " jD"'D .,.)> m '::0 " PO "'Ol ;';0 Ole ~~ "',- /TIZ C> )0.1"'1 1/ OlO ~ ~"T1 ~ '" Z -< 'I, l! 1\ II ~ , 0 rO>. ,/f to (}l ill :....~ :i V!,tN Iii U; " fTl I, ;;;fTl !"r " iD "'" ;,,)> v o o o 10 S78'19'09" 11 7.05' E: (I t.f~~:!!:'.~ fOG( 'cMfNT PI , I IS7 , 3'53'03" ! I 223.68' E: , fl(/SnN fGRfsS G 65' INGR (P.s. 46 '\ UnUTy <SS, S75'45"38G: '<6. %~~"'%.1T 23.80' E: 4,95' /T"'20 45'53" L .00' "'33 .43' "''''''' )0 "'x U):::OVi ~:A::! "'OlZ Z '" -1~1oI' -=o~q "'-- :::oCZ -<'" ,,-<;0 ,- '" )0 Ol -1: !" I - ' ..... . - ~ :- -~S<Ob -;- '~2 075" , 3.37'_ W j" II -- - ' , ~ - 'f ---- -' --- ~~ A.11:I1..1fy, ~- ~ 1:IA.11..1:I OA.O r- (J, .... ." Cll .... r-;;o /!. II fj> ","'co . 0", c.,..,oc...i qOf\> -",- 0) Se-A.e OA.I:IO I SKETCH NOT VAUD W1lHOUT SHEET 1,2 & 31 JOB N0.4109-40 SCALE: NOT TO SCALE DATE: 05/05/03 DRAWN BY: C.L.P. SHEET: ~ OF: 3 REVISIONS A VIROM & ASSOCIATES, INC. SURVEYING & MAPPING 60 S.W. 2ND AVENUE. SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (6811 382-2684, FAX (6811 384-7126 @2003 AlllROIA ok ASSOCIATES, INC. AU. RIGHTS RESERVED. 300212796 , A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Office File Number (REV 5/6/03) Effective Date April 7, 2003 atll :00 PM Commitmem Number Policy or Policies to be issued: OWNER'S POLICY (10-17-92) with Florida Modifications Proposed Insured: Levitt Commercial, LLC, a Florida Limited Liability Company 2. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple, and title thereto is at the effective date hereof vested in: Nayrot Realty Ltd., a Florida limited partnership (As to PARCEL I and that portion of PARCEL II described in Special Warranty Deed recorded in Official Records Book 10269, Page 1510) and :Vlenorah F.ealty, Lt,c.. " f'orida limited partnership (As to that portion of PARCEL II described in Special Warranty Deed recorded In OfrIcia] Records Book 915 I. Page 571) , The Land is described as follows: PARCEL I: A portion of Parcel 3B, BOYNTON COMMERCE CENTER. according to the plat thereof as recorded in Plat Book, 46, Pages 126 and 127 of the Public Records of Palm Beach County, Flonda. described as follows Begm at the Northwest comer of said Parcel 3B; thence South 88 degrees 32' 20" East, along the North line of Parcel 3B, a distance of 179.10 feet to a point of curvature of a curve concave Southerly with a radius of 1994.00 feet and a central angle of 18 degrees 13' 31", thence Southeasterly along the arc of said curve, 634.27 feet to a point on the East line of Parcel 3B and the West right-of-way line of the Seaboard Airline Railroad; thence South 20 degrees 00' IS" West, along said West right of way line, 136.50 feet; thence North 88 degrees 32' 20" West, 800 11 feet to the West line ofParcel3B; thence North 02 degrees 21' 32" East, along the said \\lest line, 35.98 feet to a point ofcurvarure ofa curve, concave to the East. having a radius of525 00 feet to a central angle of 21 degrees 41 t 42" thence along said West line of said Parcel 3B a distance of 198.78 feet to the Point of Beginning. Said lands lying and situated in Palm Beach County, Florida. PARCEL 11: A portion of Parcel 3H, BOYNTON COMMERCE CENTER. according to the plat thereof as recorded ill Plat Book 46, pages 126 and] 27 of the Pubhc Records of Palm Beach County, Florida, described as follows Note: This Commitment consists of insert pages labeled in Schedule A, Schedule B.Section 1, and Schedule B-Section 2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. ARA 4199 58 300212796 , A.L.T.A. COMMITMENT CHiCAGO TITLE INSURANCE COMPANY SCHEDULE A Commence at the Southwest corner ofSJid Parcel3H, thence Nonh 02 degrees 21' 32" East, along the \Vest line of said Parcel 3H, a distance of 842.49 feet; thence South 87 degrees 38' 28" East, 39.06 feet to the Pomt of Beginning; thence North 02 degrees 09' 25" East, 121.38 feet; thence South 87 degrees 50' 35" East,S 00 feet; thence North 02 degrees 09' 25" East, 42.31 fee"t; 1hence North 87 degrees 50' 55" West,S 00 feet~ thence Ciorth 02 degrees 09' 25" East, 112.24 feet; thence South 87 degrees 54' 15" East, 83.44 feet to a poinl on a non-tangent curve, concave to the Southeast (a radial line to said point bears North 79 degrees 41' 27" Vi est); thence Southwesterly along the arc of said curve, having a f<:ldius of 575.00 feet and a central angle of 07 degrees 57' 01", an arc distance of79.79 feet; thence South 02 degrees 21' 32" West, 197.06 feet; the preceding two courses bemg along the West line of a 50 foot Ingress-Egress and UtJlity Easement; thenc,lNorth 87 degrees 25' 55" West, 76.94 feet to the Point of Beginning. S3id lands lying und 51tuate in Palm Beach County, Florida. PARCEL III TOGETHER WITH a Perpetual, Non-Exclusive Easement for Ingress, Egress and Utilities created pursuant to Plat of BOYNTON COMMERCE CENTER, recorded in Plat Book 46, at Page 126. as amended by the Deed and Easement Agreement referred to in and modified pursuant to that certain Agreement filed in Official Records Book 4736, at Page 827, all referred to in the DeclaratlOn of ResrrictlOns filed in Official Records Book 9729, at Page 1874, as amended in Official Records Book 9929, at Page 807 and as granted in Deed recorded in Official Records Book ]0269, at Page 1510, of the Public Records of Palm Beach County. Florida. Note: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B.Section 2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. ARA 4/99 SiJ 300212796 .l A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Note: This Commitment consists of insert pages labeled in Schedule A, Schedule 8-Section 1, and Schedule B-Section 2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages AR;l4/99 SE 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 Commitment Number 1. The following are requlfements to be complied with: lnstrument{s) necessary lO create the estate or mterest to be msured must be properly executed, delivered and duly filed for record. a)Deed from NaYlot Realty Ltd., a Florida linUted partnershIp, to the Proposed Insured, conveying the lands described In Schedule A hereof, together with the following: (As to PARCEL I and that portion of PARCEL ]] described in Special Warranty Deed recorded in Official Records Book 10269, Page 1510) l.Proof of its current good standmg in the StJle of Florida as a limited parmership. 2.Satisfactory evidence must be furnished showmg that all of the corporate general partnef\s) or limited pannership(s) acting as general partner(s) are in good standmg in thelT state(s) ofincorporarion or organization. 3.Affidavit pursuant to F.S. 689.045 from one of the parmers not executing the proposed deed, stating the names of the currently existing paI1TIers of said partnership, confirming that there is no limitation on the authority of any of the paI1TIers to sign deeds and confirming that the partnership has not been dissolved. b)Warranty Deed from Menorah Realty, Ltd., a Florida limned partnership. to the Proposed Insured, conveying the lands described in Schedule A hereof, together \vith the following: (As to that portion of PARCEL]] described in SpecIal Warranty Deed recorded m Ofllcial Records Book 9 I 51, Page 57 I i l.Proofofits current good standing in the State of Florida as a limited partnership. 2.Satisfactory evidence muSl be furnished showing that all of the corporate general partner(s) or limited partnership(s) acting as general partner(s) are in good standing in their state(s) of incorporation or organization. 3.AffidJvIt pursuant to F.S. 689.045 from one of the parmers not executing the proposed deed, stating the names of the currently existing partners of said partnerShIp, confirming that there is no limitation on the authority of any of the paI1TIers to sign deeds and confirming that the partnership has not been dissolved. 2 Payment of the full consideration to, or for the Jccount of, the grantors or mortgagors. 3 PJyment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4 Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractor and materialmen are all paid. 5 Payment of any outstanding assessments or charges due to BOyTIton Commerce Center Property Owner's Association, Inc. 6 \Vith regard to Levin CommerCIal, LLC, a Florida limited liability company, the following is required: A.Satisfactory evidence must be furnished showing that Levin Commercial, LLC is currently in good standing. B. A certified copy of the Articles of Organization and Operating Agreement must be furnished and the Company reserves the right to make additional requnements andlOf exceptions upon revie\v of same. - or- Record in the Public Records ofP;:dm Beach County. Florida, a Certificate from the keeper of the records of the company certifying: 1 Whether the management of the company Is/was vested in the members or in the manager{s); 2.The AR8~ 4/99 S8 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 names and positions, ifany, that the man3ging members have/had or the names of the then active manager(s) of the camp;my, on the d<:lte of the deed/mor1gage to be insured or of a previously recorded deed. C.Affidavit from the managing member or the manager(s), whichever is applicable, confinning that there has been no dissolution of the company resulting from transfers of member's interest, or otherwise. 7 Payment of real estate taxes ~lnd assessments for the year 2002 and prior years. NOTE: Tax assessor indicates 2002 real property PAID taxes under Property Control No(s). 08-43-45- 32-14-003-0020, 08-43-45-32-14-003-0031 and 08-43-45-32-14-003-0032 8 Satisfaction of the Mortgage from Nayrot Realty Ltd., a Florida Lm1Jted PaI1TIership, to Mellon United National Bank, recorded June 3, 1999, in Official Records Book 11146, Page 1643, as modified by Acknowledgement of Advance Under Mortgage Providing for Future Advances recorded in Official Records Book 11529, Page 27 and in Official Records Book 12312, Page 86, Modification of Mortgage recorded in Official Records Book 12312, Page 95, and Modification of Mortgage and Receipt for Furure Advance recorded in Official Records Book 14906, Page 1004. NOTE, The original note secured by the above described mongage must be produced and cancelled. 9 Termination or Partial Release of the security interest in the land described in Schedule A disclosed by t.he Financir:g Statement from ~a)TOl Realty Ltd., 3. Florid::! Lnnited Partnership, Debtor, to Mellon United National Bank, Secured Party, recorded June 3,1999, in Official Records Book 11146, Page ] 650, as amended by Statement of Change recorded in Official Records Book 12312, Page 92. 10 Partial Release of the land described in Schedule A from the Mortgage executed by Menorah Realty, Ltd.. a Florida limited partnership to Jackson NatIOnal Life Insurance Company, recorded March 5, 1996, in Official Records Book 9151, Page 575, of the Public Records of Palm Beach County, Florida. 11 Release of the Assignment of Rents and Leases executed by Menorah Realty, Ltd., a Florida limited parmership to Jackson National Life Insurance Company, recorded in Official Records Book 9151, Page 595, of the Public Records of Palm Beach County, Florida. 12 Tenrunalion or Partial Release of the security interest in the land described in Schedule A disclosed by the Financing Statement from Menorah Realty, Ltd., a Florida limited partnership, Debtor, to Jackson National Life Insurance Company, Secured Party, recorded in Official Records Book 915 I, Page 606, as continued by Statement of Change recorded in Official Records Book 12345, Page 175, of the Public Records of Palm Beach County, Florida. End of Schedule B - Section I ~RBl 4/9956 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number ]] Schedule B of the policy or policIes to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company Defects, liens, encumbr;:mces, adverse claims or other matters, if any, created, first appearing in the Public Records or anaching subsequent to the effective date hereof but pnor to the date the proposed Insured acquires for value of record the est,He or interest or mOI1gage thereon covered by this Commitment. 2 Standard Exceptions: a.Rights or claims of panies in possessIOn not sho\VI1 by the Public Records. b.Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. c.Easements, or claims of easements, not shown by the Public Records. d.Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e.Taxes or special assessments which are not shown as existing liens by the Pubhc Records. fAny claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. g.Taxes and assessments for the year 2003 and subsequent years. Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey and surveyor's report and inspection of the premises is made. 4 Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit-indemnity from the party shown in title and in possession stating who is in possession of the lands and whether there are improvements being made at date of commitment or contemplated to commence prior to the date of closing which will not have been paid for in full prior to the closing. Standard Exception 2(f) of Schedule B - SeetlOn 2 is hereby deleted. 5 Restrictions, dedications and easements set out on the PLAT OF BOYNTON COMMERCE CENTER, recorded in Plat Book 46, Page 126, as affected by Deeds recorded in Official Records Book 4163, Page ]064 and Official Records Book 4]63. Page 1068, by Affidavit recorded in Official Records Book 423i, Page 242, by Agreement recorded in Official Records Book 4736, Page 82i, Affidavit recorded in Official Records Book 4i80, Page 299. Quit-C]aim Deed recorded in Official Records Book 52i0, at Page 1588, Quit Claim Deed recorded in Official Records Book 10983, Page 82, Ordinance recorded in Official Records Book] 2549. Page 1093 and Release of Easement recorded in Official Records Book 12i84, Page I il2. 6 Easement granted to Florida Power and Light Company recorded in Official Records Book 603, Page 55 Easement granted to Florida Power and Light Company recorded in Official Records Book 3295, Page 268. ~ Easement granted to FloridJ Po\ver and Light Company recorded in Official Records Book 4228, Page 6S 9 Easement granted to the City of Boynton Beach. Florida. recorded In Official Records Book 2792, Page NOTE: On loan poliCies, Junior and subordinate matters, if any, will not be reflected In Schedule B. ARB2 4i99 52 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 1941 10 bsement granted to the CIty of Boynton Beach, Florida, recorded in Official Records Book 3042, Page 1765 I I Easement granted to the City of Boynton Beach, Florida, recorded in Official Records Book 3383, Page 199. 12 Easement granted to the City of Boynton Beach, Florida, recorded in Official Records Book 3894, Page 1501 13 Tenns, provisions and easements as set forth in Easement Agreement by and between Pylon-Boynton Joint Venrure, a Florida general partnership of which Pylon Interstate Plaza Associates, a Florida general partnership, and GoJdome Boynton, Inc., a Florida corporation, are partners, Boynton Corrunerce Center Property Owners Association, Inc., a Florida not-for-profit corporation, and Boynton Commerce Center, Inc., a Florida corporation recorded in Official Records Book 4373, Page 718. 14 Easement and Agreement pertaining to paving and median cuts as set forth in Mortgage Modification, Easement and Paving Agreement by and between Martin Hackman, as Trustee, S. J. Jarvis, as Trustee and C. Wendall Collins, Richard L. Shultz and Paul J. Abrams. as Trustees of the Boynton 36 Land Trust, and John Chappelear, Richard L. Shultz and Paul J. Abrams, as Trustees of the Boynton 12 Land Trust, recorded in Official Records Book 3985, Page 887. 15 Oil, gas and mineral reservations as set forth in Deed from the Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 806, Page 321. The right of entry and exploration has been released by provisions ofF.S. 270.11(2). 16 Easement granted to Menorah Realty, LTD., a Florida limited partnership recorded in Official Records Book 9151, Page 571. 17 Restrictions, covenants, terms, conditions, easement rights in favor of other parties, lien rights and property rights of Boynton Commerce Center Property Owners Assocition, Inc., set forth in Declaration of Restrictions, dated February 29, 1996, recorded Apri] 4, ] 997 in Official Records Book 9729, Page 1874, as amended by First Amendment to the Declaration ofResrrictions for Boynton Commerce Center Property Owners Assocition. Inc., recorded in Official Records Book Recorded in Book 9929, Page 807 of the Public Records of Palm Beach County, Florida, including, but not limited to one or more of the following: provisions for private charges or assessments; liens for liquidated damages; and/or option, right of first refusal or prior approval of a future purchaser or occupant; but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant(s): (a) is exempt under Chapter 42, Section 3607 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. 18 Easement granted to Bell South Company in Official Records Book 11647, at Page 1845. 19 Easement granted to Florida Power & Light Company in Official Records Book] 1647, at Page 1843. 20 Terms, covenants, conditions and other matters contained in any unrecorded Lease(s) and all rights thereunder of the Lessee(s) and of any person claiming by. through or under the Lessee(s). 21 Easement granted to Boynton Commerce Center Property Owners Association, ]nc.. recorded in Official Records Book 12299, Page 1725 and Corrective Easement recorded in Official Records Book 12312. Page 23. 22 Easement granted to the City of Boynton Beach, recorded in Official Records Book 12485. Page 13]3. NOTE: On loan policies. junior and subordinate matters, jf any, Will not be reflected in Schedule B ARB2 4199 58 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 NOTE: All of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. End of Schedule B - SectIOn 2 NOTE. On loan policies, Junior and subordinate matters, if any, will not be reflected In Schedule B. AR82 4/99 S8 05/16/?003 08:57 FAX 561640399f ADELPITI A CABLE -Adelphia Engineering Department 1401 Northpoint Parkway West Palm Beach, FJ 33047 Friday May 16,2003 JoDi Brinkm~n Winston Lee Associates, Inc 1532 Old Okeechobee Road, Suite 106 West Palm Beach FL. 33409 RE: Letter of non-encroachment i.e. Boynton Commerce Center File No. 02-030 Dear Ms. Brinkman, In reviewing your request on the above ref. project, Adelphia ( WPB ) ...has no objections nor conflicts with your proposed plans and, .. . does not encroach onto our easements or otherwise interfere with the provision of service to our customers. Should you have any other questions, please feel free to call me at 1-561-656-8932 I Fa; : Numbers - 1-561-640-3996 I e-mail-samuel.gonzalez@adelphia.com Sin=~ ~~~ Fieid Coordinator 141 002 Florida Public o Utilities Company .loni Brinkman 1532 Old Okeechobee Road Suite 106 West Palm Beach. FL 33409-5270 P.O. Bo\: 33LJ5 West Palm Beach FL 33402-33LJ5 (561 )832-2461 May 19.2003 R[: A.uandonalCl'1t lJfEa~einents v-\"itiliH Ule BoynllJH Cur.nnH.:rce Cenier-02-030 Dear Ms Brinkman: As per your request. we have reviewed the referenced project and have determined that Florida Public Utilities has no natural gas facilities within this area. Therefore Florida Public UtilIties has no objections to the abandonment of the four easements and the additional FPL easement. Thank you for the opportunity to evaluate this project and if we feel that any ne\\ gas facilities may he incorporated into this projcct we will notifY you and submit proposals to your attention. We would like to thank you for the opportunity to review this project. If you need any additional information or I can be of any further assistance. please contact me at 838-1768. Sincerely, .~~. , ;4;~%R; . ~~(?t?;WJh' Frank Studenski Engineering Tech cc. c.c. Canino l\" OOIJRS BUORE \'OtI DIG CAu. RlNtlHlNI: 1-860-432-4110 ..... TIll: lAW IN n.oaUM IF::. ' '.h E;' , "':-1.-7~__, -.(-,,__ '\' \, II k ',-- " ( I. [r ~~ \ .... .!..l-,' '-'....... '.l.. lee ........... --. -.- Ii <":<:';O(~l"l(-'C>." !ne. J.. J..Uv _~'- l......u.., L....L.L_ .. :; , ;_.. :q' '''; -\, ( :',: ~, 1 ~, ' _ I ,: i~d [':..nillri); '~l U- (-I :, May 8, 2003 Mr. Bob Lowen BellSouth Engineering Department 2021 S. Military Trail, I" Floor Engineering West Palm Beach, FL 33401 VIA FACSIMILE 439-9118 RE: Abandonment of Four Easements Within the Boynton Commerce Center Our File No. 02-030 Dear Mr. Lowen: This firm is in the process of preparing a request to abandon four easements within the Boynton Commerce Center in the City of Boynton Beach. As a part of this application, the City of Boynton Beach requires verification from your office that the proposed abandonments do not interfere with any current or planned services from your company. The subject site is within an industrial development located immediately west of 1-95, south of Woo lbright Road, 0 if 0 f Corporate Drive (directly south of the Lowe's Home Improvement Center). I have attached a copy of a location map and a portion of a survey depicting Lot 3B, the site of the proposed development. The easements being proposed to be abandoned have legals and sketches attached as follows: 9. IngressfEgressfUtility Easement Along Northern Property Line- See Exhibit "A": There currently exists a 65' ingress/egress easement along the northern property line of Lot 38 (Plat Book 46, Page 126). Access to the Lowe's parcel to the north currently exists outside the area we are proposing to abandon. Vehicle access to the 30' ingress/egress easement along the eastern property line will be maintained. 10. IngressfEgressfUtility Easemen t Along Southern Property Line: Exhibit "B" is a sketch and legal of the existing easement along Lot 38's southern property line which we are proposing to be abandoned (dedicated via Plat Book 46, Page 126, and subsequently r~onfigured via ORB 12784/1722, ORB 12299/1725 & ORB 12312/23). Our proposed site layout has the new building encroaching into the western area of the easement. Exhibit "c" depicts a 49' wide replacement easement which maintains the access connection to the 30' ingress/egress easement along the eastern property line. I ~:;2 Old Okcl'chobcc Rl..l~~li SUite ] (J(1. \\c:'! P~l!m BCJch. FL 31~(J9-52""'n Tl'l ~(~ 1_!).\lL~ll-() . Id\ :'1'] _!,\lL~5 5q . t:<:l..n] \\ in;::,.,n',\ 1:1 (~J;"\I.c',}m ;Vir. Bob Lowen May 8, 2003 Page 2 I!. 8'x12' Utility Easement: Exhibit "D" is a utility easement located north of and outside of the ingress/egress/utility easement along the southern property line. There currently exists a fire hydrant within this easement. We are proposing to abandon the easement and accommodate the relocation hydrant as part of the site plan approval. It wi]] then be included 'With the water lines to be dedicated to the City. 12. FPL Easement: Exhibit "E" is an easement for overhead poles (ORB 603, Page 55). There is some confusion with this easement as the title work indicates it is sti]] valid, however, the building to the south of our parcel (on Lot 3C) appears to have been built on top of the easement. As of this date, we are proceeding forward assuming we will be required to abandon the easement and are asking for your sign off. If you could please fax back your verification letter, and foliow up with a hard copy via mail, I would appreciate it. Please feel free to cali if you require any additional information to process this request. Sincerely, On,'~ ~~, AIep Project Planner I ~.- -;c it:. , \!,jPTctCl,q ,/ l J...lLlJl~<"'J.r:..l.;. i; Pi::>' J---"\.;....-~. -,.-- A~ssOClaies, inc. lH:r~.: .~',l~': -\: L"lillL' L:'-L ! .': ,l i;l.::~~.l:',:,: I ~,r ~[.r~ C '11 May 8, 2003 ~fr. Dave Heal Florida Power & Light Company 9329 S. Military Trail Delray Beach, FL 33436 VIA FACSIMILE 561-479-4588 RE: Abandonment of Four Easements Within the Boynton Commerce Center Our File No. 02-030 Dear Mr. Heal: This firm is in the process of preparing a request to abandon four easements within the Boynton Commerce Center in the City of Boynton Beach. As a part of this application, the City of Boynton Beach requires verification from your office that the proposed abandonments do not interfere with any current or planned services from your company. The subject site is within an industrial development located immediately west of 1-95, south of Woolbright Road, off of Corporate Drive (directly south of the Lowe's Home Improvement Center). I have attached a copy of a location map and a portion of a survey depicting Lot 3B, the site of the proposed development. The easements being proposed to be abandoned have legals and sketches attached as follows: 13. Ingress/EgressfUtility Easement Along Northern Property Line - See Exhibit "A": There currently exists a 65' ingress/egress easement along the northern property line of Lot 3B (Plat Book 46, Page 126). Access to the Lowe's parcel to the north currently exists outside the area we are proposing to abandon. Vehicle access to the 30' ingress/egress easement along the eastern property line will be maintained. 14. Ingress/EgressfUtility Easement Along Southern Property Line: Exhibit "B" is a sketch and legal of the existing easement along Lot 3B's southern property line which we are proposing to be abandoned (dedicated via Plat Book 46, Page 126, and subsequently reconfigured via ORB 12784/1722, ORB 12299/1725 & ORB 12312/23). Our proposed site layout has the new building encroaching into the western area ofthe easement. Exhibit "c" depicts a 49' wide replacement easement which maintains the access connection to the 30' ingress/egress easement along the eastern property line. I ~32 Old OkL=cchubc(' ROJd SUit::: ] 06 \\c~t ?;dm F3c;lCh. FL 33-W9-~2~O T,--I ~h l-(),\..:l)---th -(I . 1-;1'\. ~111_J'I'\' .'-5 ~~9 . :~.-:~~:il. \\ :f,<;':;\\!:J .1 :J,-"'I :l~;il Mr. Dave Heal May 8, 2003 Page 2 15. 8'x12' Utility Easement: Exhibit "D" is a utility easement located north of and outside of the ingress/egress/utility easement along the southern property line. There currently exists a fire hydrant within this easement. We are proposing to abandon the easement and accommodate the relocation hydrant as part of the site plan approval. It will then be included with the water lines to be dedicated to the City. 16. FPL Easement: Exhibit "E" is an easement for overhead poles (ORB 603, Page 55). There is some confusion with this easement as the title work indicates it is still valid, however, the building to the south of our parcel (on Lot 3C) appears to have been built on top of the easement. As of this date, we are proceeding forward assuming we will be required to abandon the easement and are asking for your sign off. If you could please fax back your verification letter, and follow up with a hard copy via mail, I would appreciate it. Please feel free to call if you require any additional information to process this request. ?7:e~~,. ~ ~:~AICP Planner 06/@5/2003 14:45 5616EC~559 WINSTON LEE ASSO PAU: c:: FFO': : FPL Rangel i... Svc CL PI-O-I:: Ml. 407 495 76.19 JUI1. 05 2Il03 l!€.: 1ffi'l ~ . I=PL j~Q1c8 Pcwet .a L.lght GUJlPM)' June 5, 2003 Winston LllII AssooIa_, Ine;: MJn: .iQnj BrInkman 1532 Old OkeeclloDee Rd Sill 100 West Palm Beach, FL ~270 P';t;. Dqylltorl ~ Comm~ Oontor~,~!\ddnmant of utHIty ~ E".df.Kc ~~'="IfT1~~f'Q_ YC'ltlr File N ').02.. 030 oear Ms. Brinkman: This Is .. "'*PO..... to pn- killer. dllllld May 6, :lOO3, .ent III my office vie flleslmih. I ....uld like ~, than!; )IW for meetlng IT!!! on $!!e. Tue3d8y .June 3. 2003, to .....i3l1n my further .:nder.lt8ndIllg yout ftrm's request AffIiN our ~, subMquent dlscuaslCill end .....new of 1llf> doI;umenb oobmlttOO to my offlM. J find no reason FPL woiJld object II) the abandomIent of the _Is ~ ~ dBr<oribed. They are' IngraalEQress l':~tIUtlll1)' Easem~nt Along Northern ProperlY IJtH>..Yoor &hll:lt'"'' (Ex1IIIng FPL faclllttee will remain 00 FFI. Easement.) IngressJEgress Easement/Utility Ease!Tlr,nt Along Southern PmI:erIy Line- YIlII' Ex~ih~ 'EI.' (Which Is to be replaced by yQU. Exhibit. C."J 8' X 12' Ufluty Ea&ement-your Exhibit "D. ' (WhIallo for exJ51lng fInI hydrant, FPL fucililioe unatrected.) FPL Easement-Your Exhibit 'E." (Which has 0<1 width dMa1bed end doe, noI alfect exlstinG FPL facjljijos.) It I may be of any fUrthlIr assistance, pte!1Se do no! h0ll!lllle lD OJIllacl my office, (1i6'1) 4?9-4505. s~ -' o P "Dave" Hel!1 CUslOlll8r Project Manag.I< DPH <:c: fwoimllelllle An ~ Gn:xJp Conlpivv 06/18/2003 14: 59 56168S'~59 WINSTON LEE ASc;n _~:::~::/"""""-' 1:;':~ EI -9..PP0RT" 6895559 PAC: C: NlI.S:;: IHiII ~~ SEIf.JLf~JrH ~TeI~.1nG. Engineering ....r.'T ....l 20~1 So. Mil\t;;iry TIiIU _107 Weot Palin BeaQn, R. 33415 Oflk:e: 5$1~"'118 Fa; 5tH 64-J4Q9 June 16,2003 Joni Brinkman, A1CP Wll'l$lon Lee & AllsociateS, !Inc. 1532 Old OkHchobee Road Suite 106 W..t Palm Beach, F!oridll ~~3-409-IS27(l Re: 8oynton Cornmen;e 'r:enter. ~11South lR.p1zcern~ l:a~!r/ll!"t Dear Ms. Brinkman: Pursuant 10 l"$Ceipt of the proposed six-l1oot wk:I$ utlIIty eawnar.t as ElellSmllh has no objection to th& abandonment within the f!~ynton CooYno,~)$ Genter fl,; described in ~ur May 6th, 20 1)31ett~. Plea" oopy me wllh the exe::uted e8!lElfl'llmt wh8n re(:Qrded in jt1(~ l'lJbIlc: Records of Palm Beach eoo"ty, Florida. ~c.e- Robert C. Lowen Project Manager RIght of WE:r 0::: Stave Buck . --'~f'VJ /^" ~ (\\1\ When Reca,ded ReWrn To: fX-.i'I.." ~ Thoma. C. Cobb. Esq. Scharlin. Lanz.lla. Cohen Co bb and Ebin United National Bank Building 13&9 S.W. First AverJ...le Miami. FL 33130 i1AR-Q9-1998 2:10pm 98-081509 ORB 1.0269 Ps 1510 .&1111_1 1II1I11all_ 2,100,000.00 Doc 14,700.00 I Con Property Appraisers Pe.rcel IdentOCation ~Urnber (FoJ.!o NumWr)' ~2-14-0c3-00 1 0 .J "2~14-0Q:3....00-.31 Gra~ , SPECIAL \VAP.RA~..'TY DEED KNoW;;(~N BY THESE PRESENTS, THAT BOYNTON COMMERCE CENTER UMITED PARTNERSHIP. a Florida limited ~ship. .t-.rrneriy kJ10wn as Schmie< and nor;ilL Fund I Limited Partl1<lrship. hereinafier 'Grarrtor.' whose address is. ~ ;:~.~~lr"ra'ke Centre, SUite -'00, 250 Austral;an Avenue South, WeST, Pa.Jm ~ach. FkJrlda 33401. fer and in conSk!ar~~ f}10.CO a.nC other geed arid ...-aJuable consideration. tr.a receiJ:;t of Wh;ch i:3 hereby acknowledged, has 9 t rgained, sold and COn-fey-eel. a.-d by these presents, hereby grants. sens, bargains e.nd conveys unto NAY _ _ REALTY LTO.. a Rorida limi';ed partnershIp .herelnai'ter "'Gramee: whose address ts c/o DaI1en Boynton 1/ Enterpr~847Q PIaCQ Oevonsl1ire. Ville Mont-Royal. Cu<>b<>c H4P 155. CANADA, the rea] p<operty described in Exhi ~hed hereto (h<>reir.oft.r the 'Property'). lying and being in Palm Beach County. Florida. /. TO HAV~ AND TO ~~roperty, together wr.h all improvements thereon and a!l tenemerrts, hertXft.aments, 8Ild app..:rten.a~.;;..e~r,to belonging unto Grarrt..ee. its successors and assi9ns. in fee simple forever. ~ -,.._. SUBJECT TO epplicoble zoni~ regula,;'", and ordinances. S~.)3JECT TO an ccve....2r~s, CO~'1S r2str~::(c,"'LS, limitat.'c'r.s, re-sef'V2.tcns. rights-of-v.-ay. easeme-nts and egre:ments of record affecting the afOredasr~operty .3.S sat fcr"Jl ill E.xhibit 'g- a.1.:lched M.r"eto and made a part herecl. ~ SUBJECT TO taxes and essessfTl"..nls ~oar 1996 and all subsecuent years. GRANTOR HER"ey COVENANTS with M~ tI":~ the Grantor is lawfully seized or said land in faa simple and that tr,e Grantor has good, rl~ht and laW~1 rlt? to sell and convey sajd land. /,,-- . . .AND GRANTOR DOES FURTHER COVEN I ~~~rf, its successors and ass~g~s. to warrant and defend L~re to the prope-rty to Grantee a~nst tha Ja'nful ar~NfI::s. emards ot all persons cl.alfNf'lg by. through or under Grantor (ott"..er than ttlf:l rIgl1t$. interes;s, and claims ' Of referred to in Exhibit -S' a..'tached hereto, but wrt:hcut restatir.g S3........e). c\..'t net ct..~ef'.....j~. ('~ .j'- "C V Exe<:uted this ~ day of February. 1996. 7nv:> . In witness whereof. Grantor has caused its corporate s~ affixed hereto. end this insteJm.nt to bQ s.!gn'9<f by Its <::!uly a'~rf'~fxlrlz.ed cff!c~r en the d2te above wrrrten. __ .,.. BOYNTON COM~~ENTER LIMiTED PARTNERSHIP -:\.~~\\~.,~~I~;;II'~JII' A FLDFUOA UMITs..'(~~'H~RSH1? .,' .,(<\l;",......fi&;;..',J L./J 's-x""__".~i' =~ ~~-.w<;. .::i~, .'.....6\ BY M!Gf50YNT I ~.EACE CENTER, INC., "" ,),\, "",1.N"i!'2;> " \?'" A FLORIDA, 0 TION, ~~!'~' 'CO;- .:;l:>>,r>', G&,E:Nl~'1~~L p\ ~' "~{l"r;. J.'. .-:q- , / ~ ~ . ''l'.<'\fj~",):j .~.~ 2 .I ..... ....... ~ ~".' . > ".~.":;",, . C:-.ailas J_ Stene, ~~... ~'.~.h...;.;~y<.)\.t_,): V'.ca President J111;'?:i n-l:ft. J" .,\\'~~..,'( IjllllJ~~"II,;~'t\\l~~ ,.~ ~~. Attest ~L~.ti!t::; ORB 10269 P9 1511 Ex ~-0~~( , Name: ~ STATEOf~ ?~ 0 )55. COUNTY OF ~o CH ) ,- () I HERE@ TIFY that on this .-J.L h~ of February. 1998, before m. p<lrsonaHy appeared Charles J Slone aM Katl\leeo L ~ ~ Vce Presl:fent and Assistant &.:;re!ary respecllVe/y 01 MIG/EOYNTON COMMERCE CENTER, INC.. a co~umar tM lawi Of lhe Slats of RoriCa, as General Partner 01 BOYNTON COMMERCE CENTER UMtTED? "P, a Florida limited PJrtner.ShiP to me ki";C":m to be the persons described In and who executed tM for"9"~ . once to NA YROT REALTY L TO.. a Ficr1da lirr.iled p<lr'.JlS(ship, ar<l acknov.1edged 1M execution thvroof to be tree act and deed as sl....,'ch officers, for the uses and purposes therein mentioned; arid that they affixed thereto the ~""'I of said corporation, and thO ..kllnstrumern is tM free act ar.d deed at said corporation. They are P"l~<lwn to me or produced identif4tion III A and they did/did not take an oath. ~';\ (//}j WITNESS my Sig""tur~P~ seal at West Palm ~ch in the COunty of Pslm Besch and State 01 Florida. th9 WI aM year alcresa:c,:;;-c: \.S My Commissm Expires ~_C\ J;;~, '" '.. ll".-UP'.../1 *~* My~ccsasa"3 ..,. ~I'~--'O<.~~' 17,:2COO ~~'Q"\fr2J rcn ~S5:} VJ7 ./ /',,\ 0 ((/~ V,)'~ vI;;:!:; vcE~ CfY/ CO2 (0 ~~ ,/,Q~\ JL~ Tn'" Document was Prepared By: Rolxlrt A. P' Amore, PA 250 Ao.Jstraliai"l Avenue, S~lte $01 West Palm 8sach. Fl 3:>401 Send sub~uent tax bUl3 to; Nayrot Rear.y Ud. cia D<1lfen Boyr.ton II E:1t~pr:GeS Inc. Attn: Murray Da.'feo. President 8479 Place Davonshire ViII. Morn,Royal Quebec H4P 185. CANADA ~:.I.~ [" r-'n (j , /. '/ .-f .y..., f{"e: tary Publ;c - - . ORE 1 02 '--' ~ pg 1 5 1 2 EXH!S1T "A" LEGAL DESCRIPllON Parcel "A-l " All 01 ParCels SA, 38 and 3C, less that pan 01 Parcel 3C wtlieh Is described In deed recorded In Ofl".elat Reeo<ds Book 9151, at Page 571, tn BOYNTON COMMERCE CENTER, according to the Plat the(oof, as recorded in Plat8ook46, Pages 126 127. all in the Public Records ct Palm Beach CcUn1'/, Florida. H of BOYNTON COMMERCE CENTER, according to the Plel thereof, a5 recorded in Plat Book 127 .or the Pubf:o R<>cofds of Palm Beach Count;, FJoooa, descr;t)OO 88 foUcws: ~ 0 corne< of said ParcelSH; thence South 02'21 '3Z' Wesl aklng the West lin.. .of PIIlcel3H and ld Plat 649.01 feel; lheoce South 8S"32'2!)" ",or 115-01 leet to the Wes11ina 01 the 50 loot easement as shown on said Plat. ot BOYNTON COMMERCE CENTER; thanee North 2 '21 '32" East, along Wast fi 57_32 feel to a pcim of cur,ratura of a curve co"""ve Easlerty with a /'ad"", of 575.00 feet and . central o"lll 6'53'"; lhence Northerly 0lon9 lhe OlC of said curve ond along the West line of said 03a.s.emeflt. 355.74 fa Int of reverse curvature "at a curve corcave Westerty 'With a radius of 464.00 f.eet and a c..,traJ anglQ of nee Northerly along the arc 01 <aid eurvQ and along the W...tline .of oaid ~nI 287.07f_1o the of Porcel2; thence, W..talong said Sooth line 308.85 f_to the said Peinlol ~inning. Less that part thef'liIOf dQ-SC~QQd recorded in ome-Lal RacOl'ds 600k Q1S1, at Pass 571 of the Public Records 01 Palm Beach Gc<jllly, FIor~ AND 70GETHER VIlTrl Ar"'JO Sl~~ A.'t EASEMENT FOR tNGRESS, EGRESS PU'lO UnUT1ES DEsc.RIBED AS FOLLOWS: ~- Commerdng at the Ncrt.f.:east corner of ~n ~2. Tawl"l'S..t--jp 45 South, Range 43 East. Palm Beach County. Florida; th~rc!? due West (asst.:med). a!o,""S !:.....~qi<tr~ Pr.e c1 S-CC!)Qn 32. a disUnce of 112.84 feet to a point In the W9S1 Right-of-Way line 01 the Seaboard Airli#ficad; tha Sooll120'O'I5"WO$l, along said Westerly Right-of-Way line, a d~.cecf 764.69 feet; then North 6S~45"W=st a dis'"1-ZJ".G:3 01741.01 feet to U-~ PcHntct Begi.nnlng of the ingras.s. egress and mUtty ease/'rl(l'nt 1000 herein de~thence SOuth 21-07'56'" West a distance of 17B.1Q feet to a point of eurva..'U(Q 01 a CUNQ c~ncav.; W'WS"terl'j 'Httt\.i..radlsds .of 514.0 f.Q.Qt and a contral an-gl-a 0115"40'29"; thence SOl/TJ1erly along the arc of sa)j curve 14S.SQ feet to a curva!1.lre of a curve concave Eas:te11y with a radius of 525.00 feet and a ,.,nlral a"llle of 13'45'11 "; ly along 1M erc of said curve 0 distance 01126.02 feet; then:8 ccntJrm2 abr-.g a curvewittJ a radiUs of 5 ar.d a cential angle 0121.41'42"; tt'aLe Southerty aJeng thQ arc of said curve lGS.7G feG! tc !angerrt; the 2"21'52' West a distanca of 56.0"1 fQ<>t; th&r>:Q North ea~2'2'l West a dlstulce of 5'J,01 feet, therce Nort y ~ '}~t:,,~st a dl~e of '57.32: feet to e. p::>!r:t at curvature of curve concave to the East: thence North a!cng ~Ic:l curl'lt having 3: radus oJ 575 00 feet and 8 central angle of 35"26'53- a dIstance of 355,74 feet to a p.:.int ~~/ ...~\frvatu(e of a curve concave to th4 west; then::e North along the arc ot said curve ha,,;ng a red"" of o\S4 ~8cerrtraJ angle .of ='53'" a distarlce of ~a7.07 feel to a point. thence North 2'"'2.1'32"' East a. distance of ,.f8et to a point If'Ilhe Southerly Right-of.Way line of Woolblidht Roa<t as shown In Plat Book 4, Page 85, PUblIc ~pa.im Beach County, F'tC1'lda; therce due East aJc"ll said Sou1he<Jy RIght-of-Way iJ"" a distance .of 49.51 f, e South 2"1S'5O" East a cf=e ot 16A~ feel; ih<lncaNorth sr43'10" East e dk-tance of 29 321_, thence ~'Vaste d,stancaof389.19 teet to the Point 01 Beginning. ' Less a.....y por..bn th~roor d~ilbo3d In d.aed f8CQidoo In Ciff;c:.al :ords 8<'...01( 1il151, at PagQ 571 Of tho) Otf~LaI Roco'ds of Palm Beach County, Florida. ~~i @ ~Q> ~ 9. 10_ 11. " ' ORB 1L _69 P3 1513 DOROTHY H, WILKEN, CLERK PB COUNTY I FL 1. EXHI6IT -a- PERMiTTED llTlE EXCEPllONS BOYNTON BEACH, FLORIDA Restrictions, dedlcations and easements set out on the PLAT OF BOYNTON COMMERCE CENTER, roccrded in Plat Book 1$, Pag.. 12€, as affectQd by Deeds recorded In 0ffJcJa1 Reoofds Book 4103. at Page 1004 and 1068. by Affidavit recorded In OffICial Rocords Book 4237, al Page 242. by Agreement recorded in Off.eial Reccrds Book 4736. at Page 627, and by A1fidav~ reccrded in OfflCiai Records Book 4780, at Page 29ll, and by Outt-Claim Deed recorded in Official Fl<>cord$ !;look 5270, Page 1568_ 2. "" in Javor .of Florida Power a Light CQmpeny a. set forth in instrument recorded In Otr.clal Records , Page 5.'5, Official Record. Bool< 3295, Paga = and in Official Records Book 42'28, Page 65. \ " - favor of the CIty 01 6oyntor1 e..ech. Florida, as set forth In Instrument rQCOfded in Off'<:ial k 2792, Pa98 t!lol1. in@vor .of the CIty of 60yntcn Beach, Florida. as set forth In instruments reo<1fded in Off<:1al k3042. Page 1765, Official Records Book 3363, Page 1~ and in Off<:ial Record. Book 3894, r75' 3. 4. 5. Terms, 'Oions ~easerr..ents as set forth In ~ Agre<>ment by and b<lrwOOfl Pylon-Boynton Joinl Venture. e. ~ ~eneral partnership of which POtlen Inters*'..:Jte Plaza Assodates, a PtOooa general peMership, ~~~~ Boynton. Inc:. a Florida corpor.atb:n. ~e partners, Boynton Commerce Center Property o-vnEfi iallon. Inc., a I'lorida not-lor-proftt corporatlOn. and Boynton Ccmmerce Cenl..., Inc.. a Florida eorpo ., recorded In Otf.eial ~a 6ool< ~73, at Page 718. ea'.."Mt and A9~ pertaining to paving and median cuts as sat forth In Mortgage Mod:nc.rtion, Easement and Pavi ement [,y- and between Matti., Hack.rnan, as. Trustee, S.J. Jarvis, as Trustee and C. Wenda~ Ccliins, .~ Shultz and Paul J. Abrams, as Truste<os oIlhe Boyr1lcn 3S Land Trust. and John CMppelOflr. Rk: 9J.Aj Itz and Paul J. Abrams. as Trustees .or Ih<l B:Jyr.ton 12 Land Trust. reoorde-d in Off.eiaJ A<3oords Book , 887_ Oil, gas end mif1e!aJ resef'iaton.: &set forth in De-ed from the Trustee.s of the: Internal lmptovement FUnd of th<l Stale 01 F!ori:Ja. reco<dT',~ Book 006, Page 321 Th€ right of entry and exploration ho.s ~en released by p'ovis.bos cl F.S. ~(2). . ""' Ea~m.e(lt granted to Menorah Rea~. a Rodda f!rr..~ed partnership recorded in OfflC!.a1 Records Bock 9151, Page 571. ~~ (j Restrictions, covenant.. terms, eondh' !0, >6nt rights in favor 01 ",'hot parties, li<!n rights and p'cperty nghls .of Boynton Commerce Center Pro, sAssociation. lno, sel/orth in O;>;laral.ion 01 Restrictions, date-d Februety 29, 1996, recorded Apeil ~ <:Ial Rooords Book 9729, at Page 1674, as arner>ded by First Amendment to tha Deeloration cl _ for Boynton CcmmercQ ~n'~ Prc~rty ONners Ass,,"'ation, Inc. reccrded In Official Record , at Pagg 807 in the ?ublk: Record. of Palm Beach County, floriO.. ~(() Eas:ement rights grant,ed to Palm Oeach Rea.tty ~ . 111C., a Florrd.a. corpo:'aUon, its s;uccesscrs anc:f assl';!imef'.t:s. by SpeciaJ Wananty Oe.eC recorded Record.:9 Book ~~, at PagEl 832. . v The followi"9' matters shown by Surv~y No. 410""10, 5, '997, revised FebrtJa!)' JO, J990 by A'lirom S. k30ci:rtes, Inc.: 6. 7. 8 (0) equer.co:::.rectJtt'ing trom the (aJ Overhead W,fE!:S, JXMo'er pole and anchor in Parcel ~ and ouy anchor along West side 0' Patcel :.38 located outside recorde-d eas&m<lnIs and any aSSOClaled tl'.erewtth. Power pole. gt..;y pc!~. an:hor ~ drainege pipe run SUbject property all in Parcel 3H, rocated outside record CYtside of platted lift station site and any &as<in'Uint right ke Intc canaj right of way Wesl .of ents and Iif! station lor~ied p<trt!y ligations associated therewith. (e) Er.;ro.acruYl'€tf)t of wel! er..closure into railroad right-of-way .., forCed removal thereat. NOTE: ,All of the recording information containoo herein refers to the Public Records of Palm Se.ach County, Florida, unless othelWlsa indicated. - .."'-"~. SKETCH ANr JESCRIPTlON BOYNTON COMMERCE CENTER 6.0' SOUTHERN BELL EASEMENT LAND DESCRIPTION: A portion of Parcel 3B, BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, Public Records of Palm Beach County, Florida_ Said 6.0 foot easement, 3.0 feet on each side of the following described centerline; COMMERCE at the southwest corner of said Parcel 3B; thence N02"21'32"E, along the west line of said Parcel 3B, 56.54 feet to a point of curvature of a curve to the east; thence northeasterly along the arc of said curve, having a radius of 525.00 feet and a central angle of 19"20'50", a distance of 177,28 feet to the POINT OF BEGINNING of said centerline; thence S88"45'52"E, 216.41 feet; thence S84"03'59"E, 52.42 feet; thence S86"53'35"E, 98.45 feet; thence S81"48'05"E, 96,54 feet; thence S77"57'44"E, 50.62 feet; thence S80'51'56"E, 50.27 feet; thence S76"56'24"E, 117.54 feet; thence S68"02'21"E, 70.13 feet; thence S36"59"01"E, 8-73 feet; thence S20"52'58"W, 44.55 feet; thence S13'07'05"W, 30.00 feet to the POINT OF TERMINATION. Sidelines of said easement will lengthened or shortened to be common with existing west line of said Parcel 3B. Said land lying in Palm Beach County, Florida. NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyar. 3. The land description shown hereon was prepared by the surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey- 5. No underground improvements were located. 6. Bearings shown hereon are relative to said plat with the west line of Parcel 3B having a bearing of N02"21'32"E. 7. Abbreviation Legend: L = Arc Length; L.B.= Licensed Business; P.B.= Plat Book; P.B.C.R,= Palm Beach County Records; PG,= Page; P.L.S,= Professional Land Surveyor; P,O.B.= Point of Beginning; P.O.C.= Point of Commencement; R = Radius; 6.= Central Angle; P.OT.= Point of Termination, CERTlFICA TlON: I SKETCH NDT VALID WITHOUT SHEET 1 & 2 I I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, purslJoni to Section 472.027, Florida Statutes, ~. ) Dok .frlo '7 ~:~N "~N. P.L.S Florida Registration No. 4409 AVIROM & ,ASSOCIATES, INC. L.B. No_ 3300 REVISIONS ~!<~~ AVIROM&ASSOCIATES. INC. rn... ~~ SURVEYING & MAPPING (i iii' 60 S.W. 2ND AVENUE, SUITE 102 1/ BOCA RATON, FLORIDA 33432 '- ~ ~ J TEL. 16811 392-2694, FAX (681) 394-7126 ~48usHED ~ @2oo3 A vtROU & ASSOCIA lES, INC. All RIGHTS RESERVED. JOB N0.4109-40B SCALE: 1" = 100' DATE: 05/05/03 DRAWN BY: C.L.P. SHEET: 1 OF: 2 r'lr'H'l )>"x v>::Uif.i ~~:::! r'l(flZ Z " -<~u. -=u c Ow fTl:::!- ;;:oCZ -<" (f) -0-<:::0 .......... U) ~ [ri lN~ N -::l !" -000-/>.0 tJ i oo~:I'-uiOJo, -.......... . OO(JJN' . --- ~ --- . --- --- ----- --- ---- -,- SKETCH AND r SCRIPTION BOYNTON COMMERCE CENTER 6.0' SOUTHERN BELL EASEMENT N02'21'32-;;-E- - - -- 56_54' . 1 EXISTING 50' INGRESS, EGRESS & UTILITY EASEMENT (PER PLAT) P.O.C. S_W. CORNER PARCEL 38 (P.8_ 46, ) PG. 126, P.8.C.R- .., "'- . Z r'l " "" . )> -'" NO ",r'l . , "u. ~lD o ;" "iJ ",-0 ..l> '" ';:U " "0 ':;fTl !'"r " OJ nUJ ;"0 ~ <5' r:4sr:~7)Ln)- Sl:; '~r:Nr "'eo",~o ""~l.'tvl: --- --- --- --- --- --- --- --- REVISIONS t(~ ~4Bus"ED #: A VIROM & ASSOCIA TES, INC. SURVEYING & MAPPING 60 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (681) 392-2694. FAX (5811 394-7125 @2oo3 AVlROM ck ASSOCIATES. INC. All. RIGHTS RESERVED. JOB NO.4' 09 40B SCALE: ," = 1 00' DATE: 05/05/03 DRAWN BY: C.L.P. SHEET: 2 OF: 2 -- &'19'20'50" R~525_00' L~ 177. 28' ~ :<'-0 OJ ..l> !'";:u " ,,0 -fTl N !'"r " OJ 'UJ "m '" ~ --- --- (P'/')A, f? -- . '16 C t:- ---'Pc"/ ------.h'- > Co ---~, P ..of.; 'liPOIi --- !!:. C.R) -''''l:' "" <:>. " 19/1-l "- ~ -0 o (f)1 " OJI m~~ . -I' ~{J1 :.': vi I .N fTl 3.0' "'0 . r'l o.z -< "'''' )>'" (fl, "'z ;;::", '" ZO -<'1 ~ I <D'" OJui -UJ -1'. {J1C,N "{J1 fTl (f) OJ (nO Poi N~ '-J ui '''' rrj ( I I I 3_0' (f) OJ {J1-/>. NO -C,N -/>. , N{J1 "<D fT1 I (f) OJ <D~ 0,": -OJ {J1" -/>.0 '{J1 fT1 "Oll" $p- SCALE: 1"=100' -fTl N !'"r " OJ - C,N "l> '" ~ o o r to ]J C5 :I: -4 ]J o > o C/J '-J {J1'-J qui o,'-J N-/>.' '-/>. rr,' C/J '1 C/J -0, 0, -... ui "'J OJ _'-Jo, qd en ~ -.... I\) -t>:~ G:!/\)' rr,' rr,' --- --- ~ I SKETCH NOT VALID WITHOUT SHEET 1 & 2