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APPLICATION PROJECT NAME: Boynton Commerce Ctr. Lot 3B LOCATION: West ofI-95, East of Congress, South of Woolbright Road PCN: 08-43-45-32-14-003-0020 I FILE NO.: ABAN 03-008 II TYPE OF APPLICATION:Abandonment I AGENT/CONTACT PERSON: OWNER: Nayrot Realty, Inc. Winston Lee PHONE: Winston Lee & Associates, Inc. FAX: PHONE: 689-4670 ADDRESS: FAX: 689-5559 ADDRESS: 1532 Old Okeechobee Road Suite 106 West Palm Beach, FL 33409 Date of submittal/Proiected meetinl!: dates: SUBMITTAL / RESUBMITTAL 5/21/03 1ST 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:\Planning\SHARED\WP\PROJECTS\Bo)'Tlton Commerce Ctr\Boynton Commerce Ctr, Lot 3B\ABAN 03-008\1003 PROJECT TRACKING INFO.doc City Codes .Accessed Via \Vcbsite v,'\l,'W. boymon-bcsch.org \~~"''W,13.1TI1cgal.co:nlboynton _ ~ach _fl,llS (j) Has applicant attended a pre-application meeting? Yes ,Dale: April CITY OF BOYNTON BEACH APPLICATION TO ABANDONNACATE PLANNING & ZONING DIVISION 14, 2003 NOTE: This foml 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 AGENTS NAME: Winston Lee & Assoc., Inc./Joni Brinkman AGENT'S ADDRESS: 1532 Old Okeechobee Rd. #106 West Palm Beach, FL 33409 561-689-4670 AGENTS 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 agent or owner) . This is the address to which all agendas, letters and 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 ( XX ) SPECIAL PURPOSE EASEMENT ( ) OTHER NON-FEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any land in connection therewith, Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the above listed non fee interests shall be filed separately, Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review Committee, Planning and Development 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 Official Records Beach County, Florida. Book 1 248!i Page 1 31 3 ,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 Navrot Realty. Tnc 4444 ~rp Catherine W #100 Westmount, QC H3Z 1R2 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 improvements located within the existing easement are being proposed to be relocated and given to the City as part of the concurrent site plan approval for Lot 3B. DATED: 5" - I 9 - 0 ? APP~~(S) NAME (PLEASE SIGN) ~~~ ADDRESS Winston Lee & ARROC., Tnc 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 sworn by me the day and year above indicated, deposed and stated t he _ are/is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the d that the facts therei t forth are true and correct to the best of their knowledge, I'j' Marilyn Hemandez \~; My Commi&sloo D0030615 o".~~- Expires June 03, 2005 NOTARY PU IC, tate of Florida ,< - My Commission Expires: (1L-L--( -') dVV2> Updated 10/15/01 :;t "it' Manlyc ~o,~) ~:p:~e:'J; SKETCH & DESCRIPTION WATER EASEMENT BOYNTON COMMERCE CENTER PLAT BOOK 46, PG. 126 & 127 LAND DESCRIPTION: A portion of Porcel 3B, BOYNTON COMMERCE CENTER, occording to the Plot thereof, os recorded in Plat Book 46, Poges 126 ond 127, in the Public Records of Polm Beoch County, Florido, described os follows: COMMENCE ot the southwest corner of said Parcel 3B; thence N02'21'32"E, olong the west line of said parcel 56.54 feet to 0 point on 0 ton gent curve con cove eosterly with 0 radius of 525.00 feet ond a centrol ongle of 03'05'21"; thence northerly olong the orc of soid curve 28.30 feet; thence S88'32'20"E. 60.64 feet; thence S65'OO'OO"E, 79.49 feet; thence S88'32'20"E, 141.14 feet to the POINT OF BEGINNING; thence N01'27'40"E, 8.00 feet; thence S88'32'20"E, 12.00 feet; thence S01'27'40"W, 8.00 feet; thence N88'32'20"W, 12.00 feet to the POINT of BEGINNING. NOTES: 1. Reproductions of this Sketch ore not volid without the signoture ond the originol roised seol of a Florido licensed surveyor and mopper. 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 moy affect the subject property. No seorch of the Public Records hos been mode by the Surveyor. 3. The lond description shown hereon wos prepored by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record ond does. not constitute 0 boundary survey. 5. Abbreviotion Legend: ~ = Centerline; 6. = Centrol Angle; L = Arc Length; L.B. = Licensed Business; o.R.B. = Officiol Records Book; P.B. = Plot Book; P.B.C.R. = Palm Beoch County Records; P.L.S. = Professionol Land Surveyor; P.o.B. = Point of Beginning; P.O.C. = Point of Commencing; R = Radius. 6. Beoring Bosis: The West line of the said Plat having a beoring of N02'21'32"E. CERTIFICA TlON: m %"'8LISHEO '(#1' I HEREBY CERTIFY thot the ottoched Sketch ond Description of the hereon described property is true ond correct to the best of my knowledge ond belief os prepored under my direction on Morch 22, 2001. I FURTHER CERTIFY thot this Sketch ond Description meets the Minimum Technicol Stondords set forth in Chopter 61 G17.-'5, F!orirla i\.dministrative Code, pursuont to Section 472.027, Florido Statutes. ;:-..... /J~>-v ?flr~-~~---'--~---~------------ JOHN T. QOOGAN, P.L.S. Florido Registrotion No. 4409 A VIRoM & ASSOCIATES, INC. L.B. No. 3300 A VIR OM &ASSOCIA TES, INC. SURVEYING & MAPPING 60 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (6811 392-2694. FAX (6811 394-7126 @2001 AVlROM & ASSOCIATES. INC. All RIGHTS RESERVED. JOB #4109-30 DATE: 03/22/01 SHEET -1_0F _~_ P.O.C. 5, W. CORNER PARCEL 38 WEST LINE OF PARCEL 3C PARCEL 3C SKETCH & DESCRIPllON WATER EASEMENT BOYNTON COMMERCE CENTER PLAT BOOK 46, PG. 126 & 127 CORPORA TE DRIVE PARCEL 3H N0221 '32",0 56,54' PARCEL 38 A VIROM &ASSOCIATES. INC. SURVEYING & MAPPING 150 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (15811 392-21594. FAX (15811 394-71215 @2001 A V1ROM &: ASSOCIATES. INC. All RIGHTS RESERVED. /':,,=03"05'21" R=525.00' L=28,30' ~ SCALE: "~20' WEST LINE OF PARCEL 38 ,~ CoI .'\JI~ C'J\Q '"'lei :il1\Q en~ ,~f (S/ r;::,! 0, ~r::s/",V 'D / 1\) ~ ~{ , I Cl ,C'JI~ ~I::: 0::,1<;- 00- P.O,8. en I I N88'32'20"W 12,00' 588'32'20",0 12,00' JOB #4109-30 DATE: 03/22/01 SHEET ~OF _L 05/16/?003 08:5i FAX 5616403991 ADELPIIIA CABLE , Adelphia Engineering Department 1401 Northpoint Parkway West Palm Beach, F133047 Friday May 16, 2003 Joni 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 intenere 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 Sincere~ ~-~ Field Coordinator 14I 002 , Florida Public o Utilities Company .Ioni Brinkman 1532 Old Okeechobee Road Suite 106 West Palm Beach. FL 33409-5270 PO. Bm: 3395 \Vcst Palm Bcach FL 33402-3395 (561 )832-2461 lvIav 19. 2003 R[ AbanJun.lucl-.t of Ea~einents 'l"iithiu tile Buynlon Cur.nluerct: Center-G2-030 Dear Ms Brinkman: As per your request. we have reviewed the referenced project and have determined that Florida Public Utilities has no natural gas bcilities within this area, Therefore Florida Public Utilities has no objections to the abandonment of the four easements and the additional FPL easement. ['hank you for the opportunity to e'.aluate this project and if we feel that any new gas fC1Cilities may be incorporated into this prOlcct we will notify you and submit propos<:t1s to \our 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. ;;~?y%RC~~?(~;ic' Frank Studenski Engineering Tech cc: c.c. Canino 1\" UOIIRS BUna& YOtl DIG c:.u.L IIINIIHINK 1-100-432-4170 11'1I TIn; LlW IN no__ 1l1"'",., , t::' ',' , ~.- 1,,- 7 ~ ~., --.1_:, __ ',I\'! If,i.....,f,( (.l:f: ~~ l ....-.lo.l__ '-'........ _.I.... 'r. nn "c:'~ -"T'" 1.;_. r I'. <-:<";O"l"te~" ~I'L~ .r-.>i.______ k..- \.... ~,-l 1.......... ll.l . ." l:' '- ,;:: -.' -\ ~,,' L', : ::' " L,:!:'l I'l.;n:ii:;:; . '~l . ! _ ,-" ' '; : 1 May 8, 2003 Mr. Bob Lowen BeUSouth Engineering Department 2021 S. Military Trail, 1" 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 3-:'" . '-rTnt or r:~':lr~ncd si~r';i,:>~::; from :- (. ; ~- company. The subject site is within an industrial development located immediately west of 1-95, south of Woolbright Road, off ofCorporcte 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, 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. 10. 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 rttonfigured 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. 1~~2 OlJ Okc:.:chob,.:c R~l~~\i Suite jl)(l. \\l':-.;: P:dm BCJ<::h. FL 33~n9-52"'7() T<..'1 ~(~l-!,:--,\L":h-'1 . 1-".1\ ~i'I-(1,"l)-~55l) . ~ :':1:":11 \\]n~!,-'n\\jh;'(j(ll C:'='il1 Mr. Bob Lowen May 8, 2003 Page 2 t 1, 8'x12' Utility Easement: Exhibit "D" is a utility easement located north of and outside of the ingress/egress/utility easement along tbe soutbern property line. There currently exists a fire hydrant within this easement. We are proposing to abandon tbe easement and accommodate the relocation hydrant as part of the site plan approval. It will then be included with tbe 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 still valid, however, the building to the south of our parcel (on Lot 3 C) 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. Sincerely, Q,'~ 4:'~,AICP Project Plarmer I' 'T/T~ _.,. L, ._ \,J\, t' l,c""I'P ,/ ....L\.Jlr.....f.....t.:. i: e-fJ. ~.~ A~ssociates, Inc, L..~:~,: ,\..'f.' .\. '- ~ i:l (;:! :\' i ,~r ~ c ~ i' 1.: ::~ I : -,.2 F S [ "l_'~ Ci ':, May 8, 2003 .tvfr. 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, offofCorporate 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. IngresslEgresslUtility 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. IngresslEgresslUtility 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 1278411722, ORB 1229911725 & 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. \~J2 Old OKcccho[lCC Rl-':.!li SUite ]I)h \\c~t ?:;lrn F3cJch. FL 3J~OQ-)2-;() ~'..:i ~!11-()\ll--lh-(! . F:J\ ':::j',i I,";" S~~9 . E-i".iI \\::",-".,:;\\1:1,1:.11:,1 cn:n 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 infonnation to process this request. Sincerely, ~MCP Planner 05/18/2003 14:59 5515895~c9 WINSTON LICE ASSr _~~:.;:r""""" l::':~ EJoE Lf'PORT + 6895559 PAC: I,:: HI.56S lUll Q~ BE~i)U7'H .,....,..., 1e\__.1nG. Engineering Der1-r "4 20011 So. IIIilliry 111111 _107 Weoot PeIm 1leaGII,I'L 83415 0IlIA; !f1~_118 F.... if1-l16l1-34S9 June 16,2003 Joni Brinkman, A1CP WlI'l$tOn LM & .wocilltes, !Inc. 1532 Old OkHchobee Road Suite 106 WelIt P81m Beach, FIoridll ~:wot-527(1 Re: Boynton Commerce ~:entelr. hllSouth Ilt.pIiiCefll:eM l:aSf!JlI8nt Dear Ms. Brinkman; Pursuant 10 l*:eipt of the proposed six-foot YM$ utlIIty eawnar;t lIS ElellSclulh has no objection to the abandonment within the 1!~ynt(Jn CooYMIlJ18 Genter a~; described in your May 8th, 20031ett~. Plea.. oopy me with the exe::uted G8!let'l1ent when re<;Qroed in \hl~ Public Recoros d Palm l'leach Coo"ty, Florida. ~c.R- Robert G. Lowen Project Manager RIght of We:1 Cc: Stave Buck 05/B5/2003 14:45 551689""59 WINSTON LEE Assn PA(il: C" FrO': ; FPL Rimgel ine Svc Ctr PI-DE H:I. 407 495 7639 . JUIl. 05 2003 '*,: 1M'I V. . F=PL 1~""'a_aUghl"'_ June 5, 2003 WI1810n Lee AssoolelM. Inc AIJrI: JQni IlrInkman 1532 Old Okeel::hoDe8 Rd S~ 106 Wesl PIIin Beach, FL ~70 ~ Dqyn."..,!l.o....h Com",,,,,,,, Ocnlor, .....,.._",ant 0/ U!IIIIy ~ "",,"0 ~"."m~,"l<o, Ynllr Fik! N " 02- 030 oear Ms. Brinkman: ThtG lain rap_to:fOUl' kllI8r, \IlmId M..,. 8, 2003, tent !II my <>ffice via feeslmi.... I ...",Id like., than!; you fOr mWtlng Ill!! on $!!e. ~ J\Joo 3. :1003, f;o """jet In "'Y further \:nder.ltaIldlng \IOU' firm's request MJN our 1I\e\lIinQ. suIl8equent <JisCl",J(~\ Md .....new of 1he doeumenb llUbmllled 10 my oIllM. I find no reason FPL woUld objeCllo \he abandort"ent 01 the _Is ~ IlllW ~bad, TIley 8I'Il1 Ing~ress EB$\lITl8I\trUtiIlt;y EasGm~nt Along Northern Property U-YclUr Exhllolt '~,' (Ex1IIIng FPl faclllllee wi! remain 00 FFI. Easement.) ln~ess EalIerTierlVUtilily Easemr.nt Along Southern Property Line-Y')lJ' Elchih~ '(1,' (Which " to be replaced by your Exhibit . C.') S' X 12' Uflllty Easement-your Ellhibil"[I,' (Which Is for exlS1lng finI hydrant. FPl fl,~ ~.) FPl Easement-Your Exhibit "E,' (Which ha$ rlQ width dMa'lbed "nd dee, not alfoot existing FPl faciliijm,) If I may be of any fUrlhDr assistancll. plE'EISe do"oI hlll~e to conlacl my office, (66'1) 479-4505. ~ o P "Dave" HeIII Cuallllller Project Manager DPH QC: floQAnllelflle AA r-PL Group Compivv" 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Office File Number (REV, 5/6/03) Effective Date April 7, 2003 atl1:00 PM Comminnent Number 1, 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] and that pomon of PARCEL]] described in Special Warranty Deed recorded in Official Records Book 10269, Page 1510) and Menorah Realty, Ltd., a Florida limited partnership (As to that portion of PARCEL 11 described in Special \\....arranty Deed recorded in Official Records Book 9151, Page 571) 3 The Land is described as follows: PARCELl: 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, Florida, described as follows Begin at the Northwest corner 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 ofParceI3B and the West right-of-way line of the Seaboard Airline Railroad; thence South 20 degrees 00' 15" \-Vest, 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 West line, 35.98 feet to a point of curvature of a curve, concave to the East, having a radius of 525 00 feet to a central angle of 21 degrees 41' 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 II. A portlOn ofParcel3H, BOYNTON COMMERCE CE0JTER. according to the plat thereof as recorded in Plat Book 46, pages 126 and 127 of the Public Records of Palm Beach County, Florida, described as follows' Note: This Commitme;:t 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. AFP. 4199 S6 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Commence at the Southwest comer of said Parcel 3H. thence I\~orth 02 degrees 21' 32" East, along the West line of said Parcel 3H, a distance of842.49 feet; thence South 87 degrees 38' 28" East, 39 06 feet to the Point of Beginning; thence North 02 degrees 09' 25" East, 121.38 feet; thence South 87 degrees SO' 35" East, 5 00 feet; thence North 02 degrees 09' 25" East, 42.31 feet; thence North 87 degrees SO' 55" West, 5,00 feet; thence North 02 degrees 09' 25" East, 112,24 feet; thence South 87 degrees 54' ] 5" East, 83 44 feet to a point on a non-tangent curve, concave to the Southeast (a radial line to said point bears j\'orth 79 degrees 41' 27" West); thence Southwesterly along the arc of S31d curve, having a radius of 575.00 feet and a central angle of 07 degrees 57' 0 I ", an arc distance of79.79 feet; thence South 02 degrees 2]' 32" West, ] 97,06 feet; the preceding two courses bemg along the West Ime ofa SO foot Ingress-Egress and Utility Easement; thenc~North 87 degrees 25' 55" West, 76.94 feel to the Pomt of Beginning. S;:lld lands lying and situate in Palm Beach County, Florida. PARCEL ilL TOGETHER W]TH 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 Offic131 Records Book 4736, at Page 827, all referred to m the Declaration of Resrrictions filed in Official Records Book 9729, at Page ]874, as amended in Official Records Book 9929, at Page 807 and as granted in Deed recorded in Official Records Book 10269. at Page 1510, of the Public Records of Palm Beach County. Florida. 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 "RA 4/99 S8 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A 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. :..RA 4199 SE 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 Commitment Number I. The following are requirements to be complied with: lnsrrument~s) necessary to create the estate or interest to be insured must be properly executed, delivered ond duly filed for record. a )Deed from Nayrot Realty Ltd., a Flonda limited parmership, to the Proposed Insured, conveying the lands described lD Schedule A hereof, together with the following: (As to PARCEL I and that portion of PARCEL II described in Special Warranty Deed recorded lD Ofllcial Records Book 10269, Page 15 ]0) 1.Proof of its current good standing in the State ofFlorid3 3S a limited partnership_ 2.Satisfactory evidence must be furnished showing that all of the corporate general parmer(s) or limited parmership(s) actmg as general partner(s) are in good standmg in their staters) of incorporation or organization. 3.Affidavit pursuant to F.S. 689.045 from one of the partners not executing the proposed deed, stating the names of the currently existing partners of said partnership, confinning that there is no limitation on the authorlty of any of the panners to sign deeds and confirming that the partnership has not been dissolved. b)Warranty Deed from Menorah Realty, Ltd" a Florida linuted partnership, to the Proposed Insured, conveying the lands described in Schedule A hereof, together with the following: (As to that portion of PARCEL II described in SpeCla] Warranty Deed recorded in OffiCIal Records Book 9151, Page 571) 1.Proof of its current good standing in the State of Florida as a llfruted partnership. 2.Satisfactory evidence must be furnished showing that all of the corporate general panner(s) or limited partnership(s) actmg 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 partners not executmg the proposed deed, stating the names of the currently existing partners of said parmership, confirming that there is no limitation on the authority of any of the partners to sign deeds and confirming that the partnership has not been dissolved. 2 Payment of the full consider;:ltion to, or for the account of, the grantors or mortgagors. 3 Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4 Satisfactory evidence should be had that improvements andior repairs or alterations thereto are completed; that contractor, subcontractor and materialmen are all paid. 5 Payment of any outstanding assessments or charges due to Boynton Commerce Center Property Owner's Association, Inc. 6 'vVith regard to Levitt Commercial, LLC, a Florida limited liability company, the followmg is required: A.Satisfactory evidence must be furnished shOWIng that Levitt Commercial, LLC is currently in good standing. B. A certified copy of the Articles ofOrgamzation and OperatIng Agreement must be furnished and the Company reserves the right to make additional requirements andlor exceptions upon review of same. - or. Record 1TI the Public Records of Palm Beach County. Flmida. a Certificate from the keeper of the records of the company certifymg. l.Whether the management of the company ls;was vested in the members or in the manager(s); 2.The ARB' 4/9956 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 names ,md positIons, if any, thai the m<:lnaging members havemad or the names of the then active ffianager(s) oflhe company, on the date oflhe deed/mortgage to be insured or ofa previously recorded deed. C.Affidavit from the managing member or the ffianager(s), whichever 15 applicable, confirming that there has been no dissolution of the company resulting from transfers of member's interest, or otherwise. 7 Payment of real estate taxes and 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- 1 4-003-0031 and 08-43-45-32-14-003-0032 8 Satisfaction oflhe Mortgage from Nayrot Realty Ltd., a Florida Limited Partnership, to Mellon United National Bank, recorded June 3,1999. in Official Records Book 11146, Page 1643, as modified by Acknowledgement of Advance Under Mongage 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 Future Advance recorded in Official Records Book 14906, Page 1004. NOTE: The original note secured by the above described mortgage must be produced and cancelled. 9 TerminiJtion or Partial Release of the security interest in the land described in Schedule A disclosed by the Financmg Statement from :--;a:.Tot Realty Ltd., a Florida Limited Partnership, Debtor, to Mellon United National Bank, Secured Party, recorded June 3,1999, in Official Records Book 11146, Page 1650, as amended by Statement of Change recorded in Official Records Book 12312, Page 91.. 10 Partial Release of the land described in Schedule A from the Mortgage executed by Menorah Realty, Ltd., a Florida limited partnership to Jackson ;\ational LIfe InsuriJnce 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 ofRems 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 Termin31ion or P<lrtial Release of the secunty interest in the land described in Schedule A disclosed by the Financing Statement from Menorah Realty, Ltd., a Florida limited partrIership, Debtor, to Jackson National Life Insurance Company, Secured Party, recorded in Official Records Book 9151, Page 606, as contmued 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 1 AR61 4/9956 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number ]1 Schedule B of the policy or policies to be issued will contain exceptions to the [olio wing matters unless the same are disposed of to the satisfaction of the Company. Defects, liens, encumbrances. adverse claims or other matters, if any, created, first appearing in the Public Records or attachmg subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mongage thereon covered by this Commitment. 2 Standard Exceptions: a.Rights or claims of partles in possession not ShOVvTI 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 Public Records. rAny claim that any portion of said lands are sovereIgn lands of the State of Florida, including submerged, filled or anificially 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 inspectJon 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(1) of Schedule B - Section 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 1064 and Official Records Book 4163, Page 1068, by Affidavit recorded in Official Records Book 4237, Page 242, by Agreement recorded in Official Records Book 4736, Page 827, Affidavit recorded in Official Records Book 4780, Page 299, Quit-Claim Deed recorded in Official Records Book 5270. at Page 1588, Quit Claim Deed recorded in Official Records Book 10983, Page 82, Ordinance recorded in Official Records Book 12549, Page 1093 and Release of Easement recorded in Official Records Book 12784, Page 1722, 6 Easement granted to Florida Power and Light Company recorded in Official Records Book 603, Page S5 Easement granted to Florida Power and Light Company recorded In Official Records Book 3295, Page 268. S Easement granted to Flond;] Power and Light Company recorded in Official Records Book 4228, Page 65 9 Ensement granted 10 the Cily 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 4/99 S2 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B . Section 2 1941 ] 0 Easement granted to the CIty of Boynton Be3ch, Florida, recorded in Official Records Book 3042, Page 1765. II E3sement 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 Terms, provisions and easements as set forth in Easement Agreement by and between Pylon-Boynton Joint Venture, a Florida general partnership of which Pylon Interstate Plaza Associates, a Florida general partnership, and GoJdome Boynton, Inc., a Florida corporation, are partners, Boynton Commerce Center Property Owners Association, Inc.. ;) florida not. for-profit corporation, and Boynton Conunerce 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 P3ul 1. 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 IntemalImprovement Fund of the State of Florida, recorded in Deed Book 806, Page 321. The right of entry and explof3tion has been released by provisions ofF,S, 270.11(2), 16 Easement granted to ::\'lenorah Realty, LTD., a Florida limited parmership recorded In Official Records Book 9151. Page 571. 1'7 Restrictions, covenants, terms, conditions, easement rights in favor of other parties. lien rights and property rights of Boynton Commerce Center Property O\Vflers AssocitioD, Inc., set forth in Declaration of Restrictions, dated February 29,1996, recorded April 4, 1997 in Official Records Book 9729, Page 1874, as amended by First Amendment to the Declaration of Res tricti ODS 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. ]9 Easement granted to Florida Power & Light Company in Offici31 Records Book 11647, at Page 1843. 20 Terms, covenants, conditions and other matters contained in any unrecorded Lease(s) and all rights thereunder of the Lessee(s) 3nd of any person claiming by. through or under the Lesseds). 21 Easement granted to Boynton Commerce Center Property Owners Association, Inc.. 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, PJge 1313. NOTE: On loan poliCies, Junior and subordinate matters, If any, will not be reflected in Schedule B AR82 4199 58 AR82 4199 S8 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 NOTE: All of the recording informatlOn 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. ~f~/-' ~ ~f\ When Recorded Return To: fi\'\" .ij Tho""", C, Cobb, Esq, ') Scharlln. Lanzetta. Cohen Cobb aM Ebin Urulec National Bank Building 1399 S.W. First A'Ieooe Miami, Fl33130 MR-Q9-1998 2: 10pm 9B-081509 ORB 10269 P9 1510 .EIIIIIElI .111 I iIlI II ... Con 2,100,000,00 Doc 14,700.00 , .....,. : r\~\qHIIlIfI; ,,' ..\ 'It ,'?\'0N.\,.~t~"~"'" .~' ~'.;."1~~'-'~~".I;'f .~ ".;:-,..s::j,~, ....... ," .,., r~ iJi~?;:,;.,:?~2~ .;.'..V;~ ~~;~l ~.. '~...: .~j>,.~y. ';.~. ~~::._~tii X ',. :~" ~~-!"~4,,,,'l"a:N ~~'" ~~....,~~ '-"..:.~.'l'&;'~'~~ ::< JI/I~'"'!in'('~ IV ,\\......;., \..- 'hi'" l\'l' '. k Is"""I! ,'I\"\~ :.._ Property Appraisers Parcel Idenliicat~' number (FoI!o Numbef)' 32.14-o"~CO 1 0 2.14-OO3-ro31 , , ....--::: Gra~ ~~mOOr ~ 0 SPECIAL WARRM.'Tl' OEED KN~~N BY THESE PRESENTS, THAT BOYNTON COMMERCE CENTER UMlTED PARTNERSHIP, a Florida limited ~ship'B'merJy kJ10wn as Schmiel and Hor,iU Fund I limited Partner>hip, hereinafter 'Gramor,' whose address is ~ ~r1ak9 Centre, SUite ~OO, 250 Australlan Avenue South, West Palm Baach, Florida 33401, fer and in cor.s!daf~ ~1 0.00 and otr.er gcod and ,-ah.;able consideration, tr..a receipt of ,,.,.hich i::3 hereby acknowledged, has gf'e:i(tP!l,!.horgllined, $Old and corr;"'Ied, and by t~ presents, hereby grants, sells, bargains and conveys unto NA Y"Ftd REALTY L TO" a Florida lirnr.ed' partnership herelna:ter ~rante-e, - whose address Is c/o Oar-en Boynton II Enterprise~' .8470 PIaCQ Oevonsl1"., Vil>e Mort-Royal, QuOO<>c H4P 1S5. CANADA. the rea] property described in Exhl ,ched hereto (herainafter the 'Property1, lying and being in Palm Beach County, Florida. Ii./ TO HAVEANP TO ~property, together with all Improvements thereon and aJ! tenemem9, herOOitaffients, and 8pp..1rtenar.c roto belonging unto Grantee. <<:s successors and as3IQns. III fee sunple forev~. SUBJECl' TO app~ic:able zonj~ regulatkJilS and ordina.nc:es, SU5JECT TO all covenants, co~mon:s restrictbns, lfmr...atlons. reserva~ns, rightS-Of.....-ay, eaS<3f1"iefits and agreements of record affecting th~ !aforedas.f~~ope,1y >is sot fort') in Exhibrt "6" a...'t:lchcd ooato and made a part hereof. ~~ ~ SUBJECT TO taxes and assessmenls ~~ 1998 and an subsequ-ar.t y-aars. GRANTOR HEREBY COVENANTS with M~1W> L".at the Grantor is lawfuliy seized of said land in fae simple and tr.at the Grantor has good, rIght and la,^,~~rltY to sell and conv~y saJ.d land. AND GRANTOR DOES FUATrlER COVEN~4~e!f. its successors and assigns. to warrant and defend title to the Property to Gfantae a~nst the la'hTuI !f~m' fi;:~emards m ail persons claiming by. through or under Grantor (otJ".sr than tn~ r:ghts. Inter~s, and claim:; . eel or referred to in Exhibit -0- a...'tached hereto, but withc:.rt restating san~~). bL:t nc;t ot.'1er....i". /~ 1'- (S;;:'J Exe<::uted this ~ day 01 February. 1990. rnv:;;' . In w~ness wMroot, Grantor has caused its corporal. s~ affixed hereto, and thi. iflstrum.nt to b. SJ.gn'iKi by Its duly e.<f.oor!zed officer en the date a-hc'le 'ff~rtten. -----. , i\ BOYNTON CO~(~ENTER LIMiTED PARTNERSHIP A FLORiDA W.lITED(,p~ERSHIP ~? v l I~IQ 1 i::" ri::" rC"J J" - B,. ..1,~ 'WOYNTr~~~~ERw~ ~".TER, ..le., A FLORJDA~~ TION, :;N~iJ:~ CrK1iles J. $tune, Vl.ce Preskjer;t , Attest: I ~ . 61<<. . J K:ithleen L GutJn. ASSistant ocretaIy ORB 10269 pg 1511 Tnis Document was Prap"red By: Name: ~ STATEOf~ :/,:", 0 )55, COUNTY OF@OCH) ,- n I HERE@ TlFY that on thlS ,.;JLhdzry 01 Februery, 1998, before me personally .ppear6d Charles J stone aM Kathleen L G~ @JO V.,. President and Assistant Sectetary respectiVely of MIG/BOYNTON COMMERCE CENTER. INC.. a co~' under tile lawi ot the Slat. of florida, as General Partner 01 BOYNTON COMMERCE CENTER UMITED P "P, a Florida limited partnership to ma Kncwn to be the pe~scns described In and who execc'ed tne for">P;"g( . anc. to NA YROT REAL 1Y L TO.. a Fior\:ia litrjted pertI\S(ship, erd acknov.1edged 1M execution thereof to be free act and deed as Sl.'Ch officers, for the uses and purposes therein mentioned; and that they affixed there\o the ~seel of said corporation, and tha said Instrument is tM free act and deed 01 said corporation, They ate pet~wn to me or produced id.ntif=tion AJI A and they dk:!/dld not tak9 an oath. ~ 1/;) WITNESS my slgnatur~pl1'dQl seal a! West Palm B=ch in tne County of Palm Beacl1 and State of Rorida. the d3.y am year aIOresaJd~:;' My CommissJon Ex,Wes ~ .,'~"", + ~.~ liol",UF;.,..."'l *~' "* My Corrmoooion CC5a5d03 .,. ~S<lp.17,2CQO ~ ':V-j\ "IJI1\~( U '~.....-::;::::;-. (Cd> 0'-? (.--;/...~ 0 -.s/ ; ~?!\ \(~ '') '0 ~~ @ tf7,-/ cG ~~ ~Q~\ ~ ':) y..., Rob;>1 A. p'Amore. PA 250 Ao.JstraHaj'l Ao'enue, S\.:ite ~1 West Palm 8.e.ach. FL 33401 S.end subsequent tax blJJs to: Nayrot Realty Ud, cia Dillren Boy..ton II E;1terpri~ If):. Attn: Murray Da.'ten. President 8479 Place Davoi1Sl'1ire ViII.; Mont.Royal Quebec H4P 1 SS, CANADA ~....~ - - ORB 102w~ Ps 1512 E;XHBlT "A" LEGAL DESCRIPTION Parcel "A. 1 " All 01 Parcels 3A. :l8 and 3C, less that part cI Parcel 3C which Is desclibOO In deed recorded In Oil'.cIaJ R<!.cords Book 9151, at Pa~e 571, In BOYNTON COMMERCE CENTER, accOfding to the Plat thereof, as raccrded in Plat Bock 46, pag... 126 127. all in Ihe Public Records of Palm Beach Ccurr."f. Florida. H 01 BOYNTON COMMERCE CENTER, accOfding to the Plat thereol, as recorded in Plat Bock '27 of the PubrIC Records of Palm Boooh COUnt/, Florida, descr;bed as Tollo'....." ~ 0 corne< of said P",cel3H; lIe."nce South 02'21 '32" West along the West line of p!l(~ 3H and Id Plat 649,01 feel; theoca SOUth 88"32'20'" East 11 ~.o1 feet to the West Une cI the 30 loot easement as shown on sad PIat'oI80YNTON COMMERCE CENTER; theoce North 2"21 ';)2" East. along West fi 57.32 feet 10 a pcir;l of curroture 01 a curve concave Easterly with a radiu<> of S7S,OO fo.t and . contral artgl e'5:3'"; thence Northorly 0lon9 lhe arc of said curve and along the Weslllne of said eas.efT'l€('lt, 355.74 fe lnt of reverse curvature of a ctlfV9 oorcave Westerty with a radius of 464.00 feat and a caotraJ angJQ of 3S l1Ce Northerly along the arc 01 said curvQ and along the West lioe of said ~nt 287.07feiltlo the of Parce!2; thence, We.taJong sad South line 308,85 feet to the sad Peinlol ~Innin>l, Less that part thefilOf d&$C~QQ(j (QCorded in Official Rocords Book ~151, at paS8 571 of the Pubfic Records of Palm Beach Co<.mty, FIor~ AND TOGETHER \,,1T:-! AND .Y" ~}9f'l EASEMENT FOO INGriESS. EGRESS AND UTIUTIES DESCRIBED AS FOLLOWS: ~. Commerx:ing at the Ncrtheast corner of ~n ~2. Tawns.t->jp 45 ScJuth, Rangs 43 East. Palm Beach County. Florida.: th-':!...:~ due Wsst [assurn-OO) , ~!ong s.....~oi<e1lirce of &sct.bn 32. :! dlstar.c.e 01112.84 feet to a point in the Wes1 R,gh,,,,,,.Way line 01 the Seaboard Ajrll~f;oad; the Soutl120'O'IS'WO$l, along se.1d Westerly Right-of-Way II".,. <.: d$<.2.J";D c: 764.69 fee':.; ~1en Nor...., 6~45.W2.:1 a diS..J.j,ca cf741.011e'etto t.1-.ll3 Pc~r.tof BeQnrJr1g of the ingress, egress and utlHty easement to be hEH'eln de~,thenca South 21-o7's,scWest a distance of 175.1Q feet tJ a ~int ofeur.fatUrQ 01a et.!N-Q concav-Q W~a(ly 'Hitt\c(ra.d1ds of 514.0 fe.et and a eontral angl~ of '0-40'27; thenc4 $ouT.1)grly a~ng the arc 01 $;),Kj curve 149.50 foc:t to a ..tse curvature of a CUf"Y'e concave Ea.stef~ with a radius of 52S,OQ feet and a central an<;ile 0113"45'11 "; .erly aIoog the arc of sal:l curve a distance 01126,02 feet; the.-.:8 continu.a abt..g a curve with a radius of ar.d 8 central angle of 21.41 '4r; tt'~ Scut:herty along tho arc of s.ad curve 1!l$,7Q feet to tangent; the ~' 2"2,'32' West a dislance of 5'),$4 f~; th"",Q NOr1h 68"32'20' West. distu.ce of 50,01 teet, theree Nor1 . '5"..~st . distance of 57.32 feet to e PO"'1t of curvature of CUNEI concave to the East; thence North along ~._.t.taJd curve having a radius of 575.00 teet and 8 central angle of 35"26's.:y a. distance at 355.74 feet to a p:iint~(~...~\frvatu(e of a curve conc:av-e to tn.ao West; thence North along the ere of said curve heving a red"" of 4S4,Cl:r"re€t'~oeentrel angle of 35"'26'53" a distance of 287,07 feet to a PJint: thence North 2'"2.1 '32'" East a. distance of ~...t86t to a point in the Southerly Right-of-Way line at W-=xJlb~ht Road..!!.S shown In Plat Beck 4. Page 85, PUbliC R.e~pa1m g.........ach County. Flcffda: therce due East alOng said Southerly RJghl-<>l-Way 11m> a dis>-"I1Ce of 49 51 f; . South 2"16'50" East a cfl5l.ar.ca Of 16-42 feel: thence North 87'43'10'" Easl a db-tarlee 01 29 32faet: thence ~. est a d,st:aneeol3<l9,19 foet to the Point of 8<>g","lng, C ' Less any PJr-bn tharoor dQSCrlMd In doPJOO r€lCOi(ioo In CffiCl.31 -ords 8<'..>01( 'iil'51. at Pagra 571 ol tM omclal Records of Palm Beach County, Florida, ~\ \&, <.., (~ ~f3' V'0/> ~ "'eque:nco~ r~lting from the ~ NOTE: ,Allor the recording information contained herein refers to the Public Records of Pslm Beach County, Florida, unless OIMIWI"" Indicated, 8. 9 '0. 11. O"cB 1t. _69 p~ 1513 DOROTHY H. WILKEN, CLERK PB COUNTY, FL EXHiBiT "B" PERMITTED 1mE EXCEPllONS BOYNTON BeACH. FLORIDA 1. Restrictions, dedlcations am easements set out on the PLAT OF BOYNTON COMMERCE CENTER, rocorded In Plat Book 4$, Pag~ 126, as aff<>ctod by ~srecorded In omclal Aecotd. Book 41e3. at Page 1004 and , OQ8, by Affldovit recorded In Off;cial R"""rds 800k 4237, at Pago 242, by Agreement recorded In Off.cial Record. 800k 4736. at Pelle 827. end by Alfdav< recorded in OffICial Records 800k 4730, at Page 299, and by Qutt-Oaim D<l<ld recorded In Official Rec<:>rd.s !;look 5270. Page 1588. 2. 3, ..In ravor of Florida Power a Light Company o. get forth in instrument recorded in Offoeial Record. . Pa\le 5.5, Official Record. Book 329~, Palla = and in Offic!el Record. 800k 4228, Poge 85. \ , '. favor of the CIty of Boynton Beech. Florida. as set torth In In''''''men< rOCOfded In ctrclal k 2792, Page t 941. 4, inc!Jl'-"'r of the City of Boy"'''''' Beach. Florida, as set forth In Instruments recotded in OffoeiaJ k3042. Pag" 1785. Official Records Book =. Page lW and in OffICial Record. 800k 3894, 5. !) TerIt13. rx .:--io.~ ~easoments as .et forth in ~ ~eement by and between ?yk>f>-Soynton Joint Venture. a ~ $1eneral partnership of which P'tlen IrrterS+..:lte Plaza Associates, a F'tOooa general pef'tr!.ership, ~~~me Boynton. Inc., 8 FloOda corporation. are partners. fuynton Commerce Center Property owr/efi iatlon, loe" 8 Florida not.fOl-profrt COfpOration, and Boynton Commerce Center, loe.. a Florida e<>rpo 'recorded In Offcial Recore. Book 4373. at P_ 718, Eas"",en! 8r<l A9~ pertaining to paving and median cuts as ~ forth In Mortgage MOOf=tion, Ee-~nt and Pavi . ement by ard between Marti.., Hackman, as Trustee, S.J. jarvis, as Trustee and C. Wenda" Collins, $~ Shultz and Paul J. Ab<ams. as Tru~ 01 the Boynton 36 Land Trust. and John C~"ppelear, Rk: ~ .ltzand Paul J, Abrams. as Trustees of I"" Soyr.lon 12 Land T11.JSt. racorded in OtFcisJ RBcords Book , 887, " OH, gas and mineral reservE'''&m~ ~set forth in Deed from tt;.e irus:tees ol the Internal Improvement FUnd of the State of FIorija, record~ B:J.ok eo5, Page 321 n-~ r::;ht of e~ry and 8X;;!.c~Jon !"as ~en released by rxovisions of F,S, '2<"9--rl(2), \,!; Easarnent granted to Menorah Aea~. a Rodda 11f'T'it~ed partnership recorded in Offlctal Rscords Sock 91S1. Page S71. \h,~ ~estrictions, covenants. tefm5, cooojf f)... 16m rigrots in falfCi of ~'t1ar parties, ')..en rights end pro~ ng/tt$ of Boynton Commerce Centel Pro. rsAssociation, lex;. set rorth in D;>;Iaration of Restrictions, deted FebrueIj' 29, 1996, recorded April ~ telal Records 600k 9729, at Page 1874. os omended by First Amendmenl to 1~ Declaration of _ ' II;l for Boynton Commerc. (An"., Proparty CWners Association, Inc, recorded In Official Record . at Page 607 in the Public Records of PaJm Beach County, Florkla. ~?() Ea.s:ement rights grantlKi to Palm ~ch Realty ~,Inc" a Flor'.da corpo:'at!on. its: aJccesscrs ard ass~.ts. by Special Warranty De"Xl rtjCOrded . Records Book 9'929. at Page 832. . V The tollowing matt"".hown by Survoy No. 4'0;;>"0. 5, 1997, revised February 18, 1998 by Awom &. Associetes, Inc,; 6. 7, (b) {5J Ov~lhead Wo.fes, pov.'Q( ~c!e ar:d anchor in Parcel ~ and cuy aochor along West sJde of Parcel 38 k>caled outside recorded ea5OO1<lnts and any asso::lated tl'.erewith, Power pole. guy pole, anchQr ~ drainege pipe run SUbject property all in Parcel 3H, located cL.'ts!de record outside of platted lift station site and any &a.SQiTl.6nt right ke Into canai right of way West of ents end lift station 10000...ated partly ligations assoclatoo therewtm. M Era;roachrnent of we-II Cf"ICJoSlJre into ra!/road right-ol-way I;loI forced rerN:>V3J thereot. -