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)
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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
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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\
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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
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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
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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.
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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
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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-
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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
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