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APPLICATION PROJECT NAME: BOynt011 Commerce Ctr Lot 3B LOCATION: West ofI-95, East of Congress, South of Woolbright peN: 08-43-45-32-14-003-0020 I FILE NO.: ABAN 03-007 I TYPE OF APPLICATION: Abandonment 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 #106 West Palm Beach, FL 33409 Date of submittal/Proiected meetinl!: dates: SUBMITTAL / RESUBMITT AL 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/~3, 8/19/03,9/2/03 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce Ctr\Boynton Commerce etr, Lot 3B\ABAN 03~007\2003 PROJECT TRACKING INFO.doc City Codes Ac(:csscd Via 'Vcbsite \loWW. boynlDn-bcs.ch.org ,n\warn1cgal.com/boynion beach_flus CD Has applicant attended a pre-application meeting? Yes ,Date: 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 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 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 ) 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 meetings held to review this project. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2. That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): ( ( ( xx ) DEED ) DEDICATION ) PRESCRIPTION Recorded in Off icial Records Beach County, Florida. Book 603 ,Page 55 ,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 Lo"res Momo Contorn, Inc. P.O. Box 1111. N. Wilkesboro. N~ 28656 Nayrot Realty, Inc. 4444 ste ~atherinp 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 SUBMITIAL) 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: There are no improvements located within this easement and abandonment of same does not effect service to any other lots within the PID. DATED: S- IQ.O'5 APPLlCANT(S) NAME (PLEASE SIGN) ~J~~ 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 ~be _ are/is the Iicant(s) in the foregoing Application to AbandonNacate; that they have read the same n hat the fact ere'n set forth are true and correct to the best of their knowledge. NO My Commission Expires: '1 v-M 3, )oos- Updated 10/15/01 J":.'f a\. Marilyn Hernandez . '~ .. My CommisSIon 00030615 '\ ~ I Explfes June 03. 2005 .." "1AY-[17-2DD3 15: 3:3 FPlJr,~: LEI}ITT 95~:,R529iJl TU:5515895559 Feud "0 IlIU ... :nf)3' .ra~~~, ~~ -\. '''r.' ", , DWO~~::~' " ~.,~~.l~~-il,.......\.......'C';o.;.~.l!t.I.ll .DMo..o;..t'I"'ir-f-':~~'~R4)OJ..ct:l..S$. .....~~_~._~ ,&i!~li/;;'-. ~. ._ . " Pol.Mo. ,; . . .b...~'""'.....~.....::e.-<:... 1::1_ J\tVtJl.J',"l~ FLORmAJlOWBll~~~~'.:".;.' .. . . ',..., . MLl.mI. I'1orit:lll-" " .' , I' , .. , . ,~: ~ t CeD.Llll!lmn:- -:',' . .': ,I . !' . . ~II' ~......., ., " J .,'r ',. ,'" -;',,.,: ~,' ~, :" ~.-- . III eo...tdmll. Ol a.. p&JlIIeaI. to .. ... ..,. ,... of ,_ __ t.oO _-'-_ I2>d otII... '-10<>4 ~dI>l. COI1.......- ..tdolll.e "-" iicem.!, lWi'iiiinIIIIII'hI:tdIIla . lllroaP -~)'.", VIM.... 11ft to ,.,.., -l'OV _0"_. lIIel'ltl* to la-u ODd -....... irlr-. pel... ...,bo... f~ lIIllCtrlc ......_1....... ...4 ~ )JQ... '.ll{ th.,,""......,. ~.. for ..:II 1Ja...-; allk>, the ....._.., trIm.Dd laMp d.... Lll, u--. _0>>4 _oqrowth _ ~_.,......,. tht ~ ~ __.tad ma.I~. af aid l.lI>U, OIl rtJ:J oar propttt7 ~r~ .. lollow,", n>e !II 'lee sacUOll 32. 'TOIOll.\>4I 4~ _1>. ~'. 43 ",,"e. lyl.n<1 ....t Q( tho s,,,.l>0U4 llil!'11n. uiIrc.d ~iqbt-of""'!'Y 0>>4' JlioJIt of: Lal<. '_Ii llr.l>1.~;, ,Dut:.xl~ CC:aa1 !to.........' ~ to J;.-t;r1.ct-1.ClIUI, n.cva1:ioM ana suMent" at .""""". hJ.m B...m 1:000000ty. rl.cr~ A .19'ht...ot-way 'tha c;sn:terl1na of wbJ,(;:h .u morl!ll pu1;1cululy d~cr,1J)ed as ~~ :f!o.tlOW'llE .' B~ !nn,U,'i al;. II. po1nt en t.he lJcr~h 1.t.ne: of the l!IbOVl!l l1eac:. J.btid prQpl!rty. SlI id . no,tr,t b.1nq approxilaately 12tl feet: Weaf: of the tm: (:'OX'J1~ of lIaid Sl!c::t:..1.on 32, t.l1eneG .oueh~r.l.Y to .. polnt:. on t.h. fkItJth line o~ thl!r Move dCl.~ibBd I?ro- party, Itt.L::Ii pOint b,,1ng apprax:imat.flly ;.115 feet w""t. of t.he M'l!!I&t l.1.ne of the Seal>oord ~ltn. ~~1re&d <~sht-of~. Bt.ruct.\U"1!I8 t.o be loe~ed. approximat:.@ly 300 fest apart Illo~ the c01'ltlllr11na Q€ tl\el abOVa d..cr~ad. X'1ght-ot--.y $.n . South ro North direction w1th t)'\e f$.rcllt: .t.ruc:tUd locae.ed app%'ox1=at:oly 340 feet. Nort.h of tlJ,e South J..1nc. of;' tho 1"* o~ ..1<1 a'oet:l.On 32. St;r;ucturu too bD anchored with dOWtl 9UYb extending to anc:hora located approximAt.,ly 50 fe-11M:. B:A&f: of ead!. pol. atruet.ur. and ....lth OoIerhBB,d, c;-uy 'Wires extendfJl:1 to .tub pole.. looatod. 6.5 feet Welt of: each pole fltrueture with 11 down quy ext8D4J.ng- to an ~'ho.l:' loc:atod flIpproximately 32 fo-et \<ClJt of ~'ch ot1ll> pole. 1a. thtI pree.QCt ot: ~....(" "fJ,~ ~')/- RI" , C( (( j "'''''7// , , \..,,~'-~. ~'\ ZA-..."1' - ) . . . . , , { (BEJ,L) (BEJ,L) j, (SISAL) - a::: -"" ,.:::> ~C> _ U . . I I I . . ,I . P.0l12/ljl:1:5 ----- ~b 0, l':HY-07-2C83 15:38 F~'U"I:LEUITT 954':.852301 lU:~blb'd~~=-~':J ...~~:. " '~{\ .' . l~:' .:.:.' ~ ';.; : ....~,. . .~ l' .,',' . .:.,,: ,'-:,';'.'1 '..--:' ~ ,. . '-" -, . ~:'" ' , , :J'. :t'..,-r :;,~p~; :~~;~f~:.:~~' :.'o~. . ...,.; ...- -;...:,-~ ... ;/'.'L~' '~T~([f:::r..f' ''<'r& - .....'.. ',0";'. . ".~ii:.9;,~ .';(c' ;~,-~~~ .,0, ~ ~. J ',- ...it- '. ~ ".; . ~. .'J ...:" , .' ,;. __J. "lo r".jo~' , ". . v~ .~. '\ i.J.A.b~. ;, , .i:' ., :.,0''.-:..' " ",l!'):~. ~~. . ; 0 . c. / f" ... '..- ~.. -':'i. -~~ .' ~ ....l,..~, ""~"AJW.,,::.~~h~i},,;..... . "':';7~f:;t.".~>!:~ n:~<\~~r\' '}\i}: ,- ": . 1'".", , ~ t. I , 'ff _,., i~; 4., . .J I, ,~::~'ij ..f~' ,.~,..:; :,;. ,~"?~. :';~~~.'i~~' "~""'I?~.,../..:.,~,c.:-:~..;.t4,"'':' ,,-~t~"r....'.::-l ~~~.... . '.-i~; ;..r;~, :':"~',:, '.i:'.:~~o'..:~:~,;~::.-~\- . '. I " ~ r'.. IdLtj/l1l.:::1j ~:~i.... ~ ":~..." ~ '.".~;. :' :, '-li';,;'.\-o;-:" 0" --" ~;r..;;.~ ~:ft' .... "./"., ,:#r:.':' ~:.::.':,:' .. ~.;,.....; " ....".. " . , ,- 0'" ~'. ~~." , I ,-~rND. 5/8" IN, (L.O.I)JOO) I , I .''fJ \JN02'2,1'32"E.; 135.98 " O 1 , '. 1 R=525.00 ~(r' (~ f....' ,\" .,,,,, 6 =21-41 '47'" ,'Cl~1 I U=198.79 .~ I 1 ~ 1- r i5 .~;' ~ \ /0",<0 ~ 1 1- I ,I :( I ~I :t. "- ,f" t\ . \ ~~J ~.,' '( I ~1'1,!) I ;J~\ \'="~~\ IS\~"\ I :~~I'\'> I"" 1.( ) 1{:~ ~ I II ,,~ I r I I \ I i I \ I,,,' ,'I,~ I I , \ 1 :F1 <i<:e l"l <...i<J<:clc~J ~~~I '<1''':' >>, ~""". ~ '" :;J~,~ '1'11 . "," ~~Cl...<t..<I..\ ~" . ~~~~~\ :i'~ ,," ~i'::"''''''< .',' ~"~~~~~I : . ::)'y<<:,,,\ : I ':::l~(jQG i ~-~kl -/ :"/ / - ~ ,.., --... I ~...' 1 r- -.~~ .'10'" I ~~ / .....'t>~ , I I I i LFp( c. - - I" c) ~ \ I ~ QR~ ~~::'C"'r - _ -t_" ('" / 0~~ ~ I I,J vi d . Pc. 5.5; 1 . I ~ I 1 '''I "- ~ ~ I '"0. // -.//'/ 'j h ~<>.. ~ ". I~: ......~ !~0,Q: /' ~ .\ II \" h" ." .,,' !!~/ ; i-~ IIIS._! ffiJ~F ,. \~/MIrSOFHOI..LYSHRUOS I 'I~ 'I> I (j Illq;>f"1llV\o:lllt,,]~ 1 . Ii' I ~ I Q~ co ~ I) '" '<?s ~ 1 II <;' I I" ,P / I / \ "''''' . / I II .~"".;>. I JI.f ." . .> ". ~ txlSTlNG ~ BUILDING , [!J[} ,'\ ,. , c 0, ,e ':i , c ,< ~~ , l..J"j ,'} .' ~ ., ",'" :' ... .~ - - . . ". <I' \,'" \ .~. .~t I , , ."1" .,C&':> " " , .' '1 " , " PARCEL 38 , " i ~ ~ I ! 1,\0',\,,,\0 .'1"''\ ,," " >,' " " I,{l" r I I I 1:1'>' I I I I ! .'10'" I I I i" , .'1'" <:> <'l <'l ~ o:l " ,p (X).:<,' (' ~" V) ~ " "t, H . " j"~ ~ "- ~ ~ Z:::>:"ltg ~~~.. ~ (Q , II Lu -' :t: ~ .":'."! ~ /1 II I I I I I I I I I I I [ [I [I I I [I \ I I I I II II I I I I I [ I. ~ 1",,-.,,, ~lC) a I"'=" <ci I~~~ III Il II ct: <1 --J I I I;; 1 ~ I ~ . I~~ \l:l~ 1 -1~1 ~Qj Ic.~ I'::'~ I I I I : .") ) 1(,1/ / Ii II [ I I I I ce Lc~:o:~ (D.R.B. JO,n/f 763, P.O. I 0.R.8. J.JdJ/199, P.8.C./ PARCEL NO / N CL VI ,,1~')'-07-2D33 15: :;:3 FR[I~'1: LElJITT 954585,~901 TO: 5b158'=l5~\5g .. lI'a..; 1Y30 Il/U .. II :n03, ~~ if ~~, ~~ . Z';.~~T . DWO~:., ,.~~.I~~,\,~...""",or;~>~~l< ....' ,&R_~.,',,,,~~" ...:...;.R..s(};J.C,.S$. ......~~-.,-""" ...,,-.tj.)',. _ .. .' Pol.leo. "';.'. ' """'~"'''''.~''''''''~i:I_rJ~VfII.t',''103ti!.:. ~~J'ID~~.~~..~~:,:.....~ .. . "'11" . . , .: . ~ I GeD.Ue~' :' . . I . ,)," . .. .10' _'-1"'- 'f._ . , . . 'Ilo"~~~~ tIl.;""1lIl to IDe ullJ;.... of' t:oi,::" on4 otll... p>d ittl4 ~uaI>lo _014___ _ I...... iic~ 1_ _. 'IICII.""'-' ~ .~)O.A, V-....II" to,.,.., -,.,. ___.11I0 Plf,tIt to 1ulaU..... . -....... irJio-. JlQlMIIIld ...,bor. for __ _-........ 0114 ~ u.,... .."llh. "ee....., ~M for ..:II u...-; ax.o, Ill. riC\lt1lo-, _,ud looop &;1..... ~ u--. - bdll:ll<loqrowlh -1lIllPt...,...... 11&. ~ ~ opontlon.....s 1D&l~. of Aid llllu, ... 1l:l1 oar ~ _.~ uloll...", 1'he ll'I at: SA<;U"" n, i'<"""hl.p 45 _II. ~'. U "...t. ly1J>oJ .....; ot tho k,,),~ illlin. u1ti-aad ~1qbf:.of~ ond' ~t ot Ult. .lIl>rtli "".inago . DUUlilt caulLl !to.' ........' ~ 1;0 r..uletLClIUI, r..ern't:1oM an(!, &LII..<<lt.., ot uo""". PoJ4 B_ c"""~. l'1cr:jJ!o.. A r.t.srht-ot-way the c;anterl1na oe W'hJ.c-h U morB p&rticu1.uly d,e.crj,hed &S fol10lWW1 , . B~in.n1,t,9' ~t. II. point on t.he Uot'th lJ.n$ of the ebove dt!!l.~rJ.beir;1 proputy, slIi,d RO-$J)t: b.1nq approx1.JN.tely 12'.l. f..~ Weat of tht!l tm: eOrnU' of said S@c:t1on .32, thenoe 8outh:~r,.y to I. lJOlnt on t:.h. south line of th~ above d..e,r1bod p,;o- party, ._~ pOint being apprQXimate~ Jl5 f~ W~~~ of the w~st lL~c of the S~Oboord ~lin. ~ilr~ ~i9ht-Of~. B~ruQt\U,'l!I. to be loeat.cd. approx1m&taly 300 feet 119'lU"t 1\1onq the I:.Grlt*rline of thO above cSeac:rib.:l X';!.ght-ot-wq' in . South to NOJ:"'th dl.rect1on ....ith the .UZClIt .t.ruatU& loc.at.ed ApprC!:lC1JQt:.a:ly 340 het. North of the South line o~ tho 1"* of uid Sod;lCln 32. $tJ;u~tu:re. to ba anchored with dova 9Uyb extend1ng- to anohors located npprod..matel.y 50 feet B.A.&t:. of "ac:h pole rtruet.ure and. wlth ~t!!l.r:h8&d 91J:::" 'W'lr~. exte.nder1 to .tub pole8 loc:atod 65 teet Wut of ellch pole fttructure with a down quy ~8Dd~~ to ~ Ancho~ locftt.od ~pp.QXim.tely 32 feet ~~ot of ~ach .tub pol.. 111 the pl'e'8ifael 01: xI...r. ..I~..-, ," ) ~ . p" I t( (( I", v';-.... ( (BEAL) (SEAL) /, (8~AL) ~ :!= .z ..::> ~o _ u . . SlATE'" "'I.O'RWA ~~_'"P TAt f....w'- ~~ 12S0~ ~\P1' - ~ ~~lU,_'~_ ....:". ..:- I I . . ,I . f--' .l:::R12/lUJj -~~,~ ~b ., r'1r-rli-07-2~183 15: 38 Fr;:Ci~:: LEUITT 9:;45852':3k11 I U: '='blbi::i'::l':,"=,,':>'j " '~{\ " ': '~~~'i,/ .":~.":'~~'. ' r' ~-+~ . ~ " . . ~'~.:.:.t.11,~ ..... .~ ::~~;. . . I~;' . .,': .'7.:...../ . '-" ", ',i' "f'';'.u:'....f" '''<~ . . .~.... ~ ','..r" , .<;~,%'f ';ic' ~--f<{~. ',1 , , :! '-, ~.>'r f~,i1' .:~C::'1;."U;r'r.--~;: '-. -"""'~"" ,., . " .....: ...- ....-:.-.. .... ..:'....... .,,' ';f.::. ..'!.' .. .: ....~; .t,'-I..;,:" ,'" ..." (....':4'\' , ....._J. r:- r".; .......... .' l..l~it~. ",; ,/ .,j;-,-, ...,"'", , ...~l('.J,\.i'( . f.... '~ ,;., ." I . 1'1'- ~.. ~ ,. " '~i . , J, ~ '.,' ..:.,...:.,:"~'~ J..~~.7~~,~.. , ",~",,,,'~W,"'.\'''''>\;t.~;'J.'''' .,.. '<'~:~f.~;'1~.;;;':~r7'" ~~~~:~;lr:,!-,;'!!'!<'" "":7~f,:J.~:~:;:~,:; ':A;:;:'/'~';;' \::i~; . ~ .. I '(i ',., k, 4., . .; I ..' ....;i .'~, " !;., ., '., I ,"'j;,," . <:tJi..r;,,'~;"~';'i ,~", .....,.' ~I~'l};;:('""",,,,j~,~, .,~~.....~.~, .,;,;\~...~I'f<\'';'''.~,,::.t..joI...~~':1~'\ . -;~;' ;;t.~. :~:':..'~:.k~: '.i:":,"~:;:~'W}..<\. . I , )---'.l::1~lS'l:::1:j,j .. .J . . '~. o,,;~'. I t~:~ B ~:~; P. O. .'-.~: ____I ,,:/ " ". " , [XISTlNG ~ BUILDING " " PARCEL 3C - NOT ~ /NCLU I , ,'~ \JN02'21 '32"(. 135.98' ,,' PJ I '=1 t .' " G I ,R=525.00 ,:'[' f;'",' f:J.=21'41'42" ".' ,ill ~II i L=198.79' " ~ ( \) ,y,'I,"> ~ \ .'''~;,t' ~",,,,,,, z;: 1 "- \ lit ~ . \ ~I ~.:'~ r;; \ ~?~ ~<) . 0'" I~, ~ I ~:r.\ trJ~~\ 18?~~\ 1 '",fti , \ ~~l'" L( I, ~1: ; I I'"'' 1 I I I I j,t.'I,I>' 1 1 1 I ~ I "d 1E'1 oj 'I .~ \.oj , : ~<.i...\f-il 1'"''\',,''' ~~~1 vi''': \:],-, j:'< L '(. '''I 1)I"<,Hh.1 . ~, ~~o..o..Cl...l ;'!>'. v;;:')ig;~ ","- ~I::~~~I --" ~~~~~\ , . :::''''<I:'tl ' I ~~o<:i<.;i i ~-I_: I .- Q ?'I I ,:, ~ I ~"i C-.''--- ,'J;;~ / " I I i ,<"pi,.. --. --.~ J I-; ~ ~ I 0 c.-jSl: -- I I > I I ll1 ka; tiOJ'c;;:r -- -- __I ,,'I. !::' to'" I ~ ~C.:i S CS~Po. I-~'-- lo<r 'l:: c' , 1 C, J t: It '" \: , -~ itl'" ~ \ ! 1"1,"." .,' i ~~- I ~ 1 \ ~ Ii" _ QJ] ~ ,.,,,,......,1 Crs OF HOLLY SHRUaS I 'j;?f tl 11~i>cEl \Q\&P\'"", I nl ~"i J ;,~"; ~ I ., -... ~ I 1"''1 0$'11)' I) ~ ~ ~ ... . <...t) ~ , . ~) , C 'j " v 0......1 ~'8 ~QI- < " ~,~\ ~ "~I '0 ~<~ ~ ~ G'., I I'" \~ 1"::1 1:2 IV) I \\ ~ I "in I ;(G'.J \ '< .; " i;' '" " ~j , [!Jl \ .,' , "i ~! ~ " " {, " " ,,, ~~ ~~ ,~ ~~ ~ " ",'" :> .~ ~ - - ei CJ ro ,,', .~ LAKE I 12' F.P.L. f5M'T 1-(o.R,8. 4228/65. P.6 Lu /1 II I I I I I I I I I I I I. "- 1118,-", I . '0 Cl I 1'0:'< <0 II I~::> ~ I II! I! I! I I <>: <J -' I I II I \ I I ;;; I I ~ I I' I II II I I '" ~~~----- L1------ '0' HM'T FOR CITY Of I (a,R.B. J042/1765. P.B.1 O.R.B. JJtlJ/,99, P.B.C./ .-''1.'" a C'l pj ro .' '" C()~", ,~~' V) i " ,,'I' l\ " " ..' , " " ~ .. j"if ~ '" ~ '" '0 } ~:' ''It-R ",...,. ,<0 ~ , II " .,{i PARCEL NO' INCLUJ " ," , .~') -' , / " .' 1,\<:)" r I I I I :r' I I I I I " I .' I J .':';- ":'.... PARCEL 38 " .' . ." , J ~;r #'i> /'-. ~ ~1'\ When Recorded RetlJrn To: ~f!\ ~ Thomas C. Cobb, Esq. Scharlin. Lanzetta. Cohen CObb end Ebin United National Bank Building 13W S.W. Firsl Averue Miami, FL 33130 l'IAR-Q9-j998 2: 10pm 98-081509 ORB 10269 pg 1510 .....1 ..111_11_ 2,100,000.00 Doc 14,700.00 I Con Property Appraisers Parcel Identkation umber (Follo Numbe/): 32.14.000-00 1 0 , 2-14-OQ3.C()-31 SPECIAL WARRAI-.'TY DEED KN~N BY THESE PRESENTS, THAT BOYNTON COMMERCE CENTER liMITED PAFITNERSHIP. a Fk>rida Jirnit.:d ~.i::ih;;;;hiP'B'merly known as Schmiel and HorvitZ Fund I Limited Partne~ip. h....einaner 'Grantor,' whose address is 0J:e >A~Hla\(9 Gentre, SUtte 400, 250 Australian Avenue South, West P~lm Saach, Fk>rida J.3401. for and in eons!d8{~~ f)10.00 and other good and "t'aJuable consUieratlon, the receipt ot yffijch is hereby acknowledged, ha3 g t r9'lined, sold and conveyed, and by thesa presents. hereby grants. sells, bargains and conveys unto NAy. _ RWlY LTC.. a Florida Jimr-ed partnership herelnaner 'Grantee,' woose eddress Is c/o DaJlen Boynton /I EnterP'~ 8470 Place O<Mmshire, Ville Moot-Royal. 0ue0ec H4P 1S5. CANADA, the real p<operty described in Exhi ched hereto (hereinafter the .Property"), lying and being in Palm Beach County. F1crida_ TO HAVE AND TO ~property, together w~h all Improvements thereon and ali ta""ments, here<ftt.aments, and 8pplJrtenanc lito belonging unto Grantee. its successors and assigns, in fee simple forever. SUBJECT TO applicable zoni~ regulations and oedl""""es. SUBJECT TO all covenants, c~ns restrictbns, limitations, reservations. rights.of.way. eas&meiits and agreements or record affecting th, .rored~oP.rty as sot forth In Exh;b~ '6" art.ached hereto and mad a a port hereof. ~~ SUBJECT TO taxes and assessments ~ear 1996 and an subsequent yea,.. GRANTOR HEREBY COVENANTS with ~&t;,1JPJ lhalll1e Grantor Is Ia'NfuJiy seized of said land In fB. simple and that the Grantor has good. right and la~rIlY to seU and convey said land. AND GRANTOR DOES FURTHER COVENAN~~- elf. "s successors and assigns, to warrant and defend title to the Property to Grantee a~nst the la'h1u1 .' s ~ ema.rds of aU persons claiming by. through or under Grantor (other U~n-th~ rjgh~s. interes.::s, and claims . or referred to in Exhibit -6- attached hereto, but witheut res"at~.g sa.-r.e). but_ net ether...j",,_ @ Exe<:uted lhis ,;((.1'- day of Febru&Iy. 1996. fn0 In wttness whereof, Grantor has caused its ccrporat. .~ sJfb:ed hereto, and !hi. inslrumont to b. signed by Its duly e!..rt..h=lrlzed efficer en the date a...hove written. ____ -,." .-';;"""""" BOYNTON COM(~ENTER LIMITED PARTNERSHIP "}",~N.\ ~.':;';? A FLORlDA UMIT9,p; / ERSHIP '~-;~'" ~\~~".~H~li~:~/1< ',/:. . ;....; ...... n~ ,'.I~ G':-~ BY: ,,'~""'~""" '. " ;:,./,V {,\-c' oIl'i<l;-q \Gi" _., ~~:~ >.'~ _ ~~~'~t<,.~. .~. cf{"" Y" '_- . =- " 1,.."'....i.1,.,;"..~.: "If . .; ~ . _ .,.-JA~~-~~~ .$...... By: ~..~~....~ .. ~.~.;4. i<'~'Y .;,' Crl<Yles J. Stone, ...... _"_h~.. '" :;....' --t..." V1ce Pres~ent .1"'''1 - If'-:}; J ; .,\\,.';.-,..,' 1);11,.. lV, 'I't'l\l\"l' \:.: ~-' o. _t. ;"" Attest: ~L~~t:iL;; ORB 10269 P9 1511 8< 6<1~t2t~~ Name: ~ STATE OF~ ~;o..,O )55. COUmY OF ~~CH ) I HERE~T1FY that on this ~dtiy of February. 1998. before 1M personally appeared CIlaflas J. Slone and l<athleen~~ Vice President and AssistanlSectetary re-spoo;tiveiy of MIG/BOYNTON COMMERCE CENTER. INC.. a co U11der tne laws or lhe ~. of Florida, as General Partner of BOYNTON COMMERCE CENTER UMITED ? p, . Florida limited pertnersh;p to.m.e knowr. to be the persons described in and who executed the forego~ . to NAYROT REALTY LTO.. a Florida lirr.iled per+.nership, and ackno'Medged the execution thereof to be tree act and deed as such officers, for the uses aOO purpose-s therein mentioned; and that they affixed tl\ereto~e seal of said corporation, and the sa..1d Instrument is 1M tree act ar.d dea:J 01 sakl corporation. They are ~ wn to me or produced identifk:1\tion /JI A and they did/did not take an oath. WITNESS my Slgnatu~)\IidQJ seal at West Palm ~ch In the COunty of Palm Beach end State 01 Florida. the day and year alor . ~ My COmmission Expiles +.~ u..... "'_ *~ * My~CcS05d"" .,~/.~Sep.17.2000 ~",,,,~r2) ~ ~ ~o ~ ~ ~ .cD (Q ~ J~ Tn;'; Document was Prepored By: Robert A. P' Amora, PA 250 Australian Avenue, Suite $Of West Palm Beach. FL 33401 Send subsequent w bUls to: Nayrot Realty Ud. c/o Dalten Boynton II Enl"'p""'" Inc. Attn: Murray P..~.." President 8479 Place Devonshke Villa Mont-Roya' Quebec H4P 1 Sli. CANADA ~~~ / . rrn ? ..., - ORB 102<..17 P9 1.512 EXHl8lT"A" I ! I I , i I i I i , LEGAL DESCRIPTION Parcel "A-l " A11 01 Parcels SA, 38 and 3C, 18$$lha1 pan of Parcel 3C Whleh Is described In deed recorded In otIlelaJ Aeeo<ds Book 9151. at Page 571, In BOYNTON COMMERCE CENTER, ecoordln\J to the Pial thereof, as recorded in Plat Book 46, Pages 126. 127. Il1l in lhe Public Records ctPalm Beach COUnt/, Florida. H at BOYNTON COMMERCE CENTER. according to the Plat thereat. as recorded In Pial Book 127 or lhe Public Recoids 01 Palm Beach COUnt'/.Florida. described as t<>IIows: o corner at said Parcel 3H; thence South 02'21 '32' West along the West line 01 Parcel 3H and Jd Pial 649.01 reel: thence South 88"32'20" East 1115.011eel1othe was: 1lne at the 50 IDol easement as shoWrr on said Pial. 01 BOYNTON COMMERCE CENTER; thence North 2 "21 '32" East,eJong West. 57.32 feet 10 a pcil1I or curvature at a curve concave Easterly with a radius of 575.00 r..land a central angl 6'5:;"; thence Noriher/)' along lhe OlC of said curve and along llle West line of &aid easement, 355.74 '9 Int of reverse eurvature of a curve comave Westerly with a radius at 464.00 fElet: and a csmraJ angJ.. at """ Northerly along the arc 01 said turv.. and along the Wll$lline 01 oajd """""'nt 2t:l7.07'tffito the at Parcel 2; thence, WestaJong said Sooth line 306.85 reel to the said Point at Beginning. Less that part ther~f oesc~EtGd recordoo in OffICial R&eOfds Book "151, at Pass 511 of the Public Records of Palm Beach County, FIot~ ANO TOGETHER WITH AND V 9P2, AN EASEMENT FOR INGRESS. EGRESS AND UTIUTtES DESCRIBED AS FOLLOWS: ~ Commencing at the Northeast corner!!! . n 32, Township 4S Sau'.h. Range 43 East Palm Beech Cocnty. Florida; thence due West (assumed), along. line 01 Section 32. a distance 01112.84 feellO a point In the West Rlght-of.Way line of Ihe Seaboard AIr! . road; the SOU1l12O'O'15"WO$l, along said Westerly R1gh1-of-Way line. a distance ot 764.69 feel; then North 6 45"West a distance of 741.01 teellO!he Point at Beginning o1lhe ingress, egress and utIlity easement to be hereIn de thenee South 21'"'07',ss-West. a distance of 17S.1Q feet to a point of eurvatufCl 01 a eUNQ eoneavQ W~arly wit s of 514.0 fHt and a eontral angJG 01 , ~40'W: ttwlnee SouT.herly along the arc 01 said curve 149.S9 feet to a curvelure 01 a curve concave Easte11y with a radius of 52S.00 feet and a centrel af1\lle at 13'45'11 ": Iy along lhe arc of said curve a distance at 126.02 feel; therce contlnue ai:lr.g a cUNewilh a radjus 01 ar.d a central ar.gle 0121'41'42"; !hence Southerly along Ih.. arc 01 said curve I 1l8.79 feet 10 tangent; Ihe 2"21 '32' West a dls1anc.. of 5Q.S4 feq1; 11'."",.. North 68'32'20" West. distance or SO.01 feet, thence Nort ...~ 'J:",,~s!. distance of 57.32 feet to . point of curvature of curve concave to the East; thence North along ~~ CUNe having . radiJs at 575.00 feet and e central angle of 359:26'5:Y a dl~ta~e of 355.74 feet to a point r ... \lrvarura of. curve eol"llC:aW to tho Wi!!!-St; thence North el""lllhe arc at said CONe having a red"" of 4&4. ,ucenlreJ angle of 35"26'53" a dister;:e of 287.07 feet to a point: thence North n1'32" East a distance of at to a point In fhe Southerly Rlght.of-Way line of Woolbrfght Road. as shown In Plat Sock 4, Page 85, Pub!1c Palm Beach County, F1or!cla: therw::e due East alOng said Southerly AJghl-o/-Way I1n& a dislance of 49.511 e South 2"16'50" East a aJSlAnce 0116.042 leel: thence North 81"4.3'10" East a distance at 29.32 feet: thence 2\' est" distance 01389.1 9 feet to the Point 01 Beginning. L.ess a.~y po.....k)n thereo.f descriMd in deed recorded in CffiC~1 Recorda of Palm Beach COUnty, Florida. -ord. Book a'51. at Page 571 01 1M OIflClal CG ~ J~ ~ -.::::--- equenoo~ r=tting from the ~ NOTE All of lhe recording information contained herein refers to the Public Records of Palm Beaoh County. Florida, unless olMrwl.., Indlcaled. 11. ORB 1c... _69 P; 1513 OOROTHY H. WILKEN, CLERK PB COUNTy, FL EXHiBiT "B" PERMITTED 71TLE EXCEPTIONS BOYNTON BEACH, FLORIDA 1. Reslrietions. d$dlcations and aasements set out on the PLAT OF BOYNTON COMMERCE CENTER, .9Corded in Plat Book 49, Page J~.'" _lOd by DeedsreoordM In 0I!lcla1 Aeoolds Book 41C3. at Page 1064 and 1068, by Affidavit recorded In OffICial R~rds Book 4237, at Page 242, by Agreement recorded in OlfIcial Records Book 4736. at Page 627. and by Affidavit recorded in OffICial Reccrds Book 4780, at Page 299, and by QuiI-Claim 0ged recorded in OlfIciaJ Aecorns Book 5270, Page 1568. 2. Ea.s in favor of Florida Power a Light Co~y a. set forth in instrument recorded In Official Record. Boo . Palle 55. Official Records Book 329~. Page 2ee and in Official Records Book 4228, Psga 85. \ , 3. '. favor 01 the CIty of Boynton Beo.::h. Florida, as set forth In InS1nJmenc recorded In OIf'iCiai k 2792. Page 1941. 4. s. Terms, . os ~easements as set forth In ~ AGreement by and ber..een Py1oI>-Boynton Joint Venture. a ~ general partnership o( whicl1 Pylon InterOl:1te PIazs Associates. a P.orida general pe!'tnef'ship, ~~~me Boynton, Inc.. 8 Florida corporatbn. ere partners, Boynton Commerce Center Property OWrli:tS iatlon. Inc., a Florida not-lOl-profd corporation, and Boynton C<lmmerce Center. Inc.. a Florida cofllO recorded In Off",ial Record$ 8ool< 4373. at P89" 718. Ea.....,ent and A9~partaining to pavlng and median cuts as Ht lorth In Mortgage Moa.1i::ation, Easement and Pavi . ement by and b<<ween Martin Hackrna. n..... Trustee. S.J. jarvis. as Trustee and C. Wendail C<lllins. ~Itz and Paul J. Ab<ams, as T",stees Qi the Boynton 36 land Trust, and JoM Cheppeloor. RIe Itz and Paul J. Ab<ams. lIS Trusteesollh<l80yr.ton 12 Land TIUSl, recorded in Cffioial Records 8ool< , 887. 011. gas and mi"",aJ raservatio~s ...t forth in Deed /rom the Trustees of the Internallmplovement FUnd of the stale of Florida, record Book 1lll6. Page 321. The right of entry and exploration has been reloosed by plovisbns 01 F. S. . (2). E~meot granted to Menorah Aea~, a Rodda Iil'Tiited partnership recorded in OffICial Records Book 9151. Page 571. \l,:::: Aastrietions, covenants. terms. condit. - rights in /avo;- of other ""rt~, li<>n rights and plopeny righU of Boynton Colnmarce Center Pro s ASsociation, Inc. sel forth in D~ation of RestrictioN, deted February 29, 1996, recorded April lCiaI Records Book 9729. al Page 1674. as amended by First Amendmenl to tho Declaration of for Boynton C<lmmerce ~nter Property Clwr>ers Association. Inc. recorded In CffioIaJ Record . at PaQ9 007 In the Publle Records 01 Palm Beach County, Florida. ~Th Easemem rights granted to Palm Qe.ech Reatty ~,lnc., '8 Flor.da corporat!on. tts EUeces$Cl"S and assignment.. by Special Warranty Deed recorded' Recorda Book Q929. at Page 832. v The following matters shown by Sur--o'ay No. 410il-l0, 5, 1997. revised February 1~. 1998 by klimm & Associetes. Inc.: 6. 7. 6. 9. 10. (b) (a) CNethead Wiles, po'Ner pole and ancl10r in Parcel ~ and uy anchor aJong West side of Parcel 38 Io<:aled outside recorded eas<>ments and any oa aSSOClaled tr.erewith. Pewer pele, guy pele. !!f1Chor and drainege ~ run SUbject propertf all in Parcel 3H. located outside record ootside of platted lift st..ation site and any ea~nt rig ke Into canal right of way West 01 ents and lit! statlon locat;>:! partly ligations associated therewith. (c) Er.;roachrnent of well enclosure Into railroad righ1-of-way forCed removal thereof. - 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Office File Number (REV 5/6103) Effective Date Apri] 7, 2003 atll :00 PM Conunitment 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 1 and that portion of PARCEL II described in Special Warranty Deed recorded in Official Records Book 10269, Page ]5]0) and Menorah Rea]ty, Ltd., a Florida limited partnership (As to that portion of PARCEL II described in Special Warranty Deed recorded in Official Records Book 9151, Page 571) 3. The Land is described as follows: PARCEL I: A portion ofParce] 3B, BOYNTON COMMERCE CENTER, according to the plat thereof as recorded in Plat Book, 46, Pages 126 and ]27 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 ofParce] 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' 15" 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 West line, 35.98 feet to a point of curvature ofa curve, concave to the East, having a radius of525.00 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 portion of Parcel 3H, 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: 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 58 300212796 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Commence at the Southwest comer of said Parcel 3H; thence North 02 degrees 2 I' 32" East, along the West line of said Parcel 3H, a distance of 842.49 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 50' 35" East, 5.00 feet; thence North 02 degrees 09' 25" East, 42.31 feet; thence North 87 degrees 50' 55" West, 5.00 feet; thence North 02 degrees 09' 25" East, 112.24 feet; thence South 87 degrees 54' 15" East, 83.44 feet to a point on a non-tangent curve, concave to the Southeast (a radial line to said point bears North 79 degrees 41' 27" West); thence Southwesterly along the arc of said curve, having a radius 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 being along the West line ofa 50 foot Ingress-Egress and Utility Easement; thencJNorth 87 degrees 25' 55" West, 76.94 feet to the Point of Beginning. SaId lands Iymg and situate in Palm Beach County, Florida. PARCEL 111: 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 Declaration of Restrictions 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 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 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. ARA4/99 SB .. 300212796 A.L.T.A. 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. ARA 4199SE 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 Commitment Number I. The following are requirements to be complied with: Insn-ument(s) necessary to creJte the estate or interest to be insured must be properly executed, delivered and duiy filed for record. a)Deed from Nayrot Realty Ltd., a Florida limited 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 II described in Special Warranty Deed recorded in Official Records Book 10269, Page 1510) I.Proof of its current good standing in the State of Florida as 3. limited partnership. 2.Satisfactory evidence must 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.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 authority of any of the partners to sign deeds and confirming that the partnership has not been dissolved. b)Warranty Deed from Menorah Realty, Ltd., a Florida limited partnership, to the Proposed Insured, conveying the lands described in Schedule A hereof, together with the following: (As to that portion of PARCEL 11 described in Special Warranty Deed recorded in Official Records Book 915], Page 571) l.Proof of its current good standing in the State of Florida as a limited partnership. 2.Satisfactory evidence must 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.Affidavlt 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, 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 consideration 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 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 Boynton Commerce Center Property Owner's Association, Inc. 6 With regard to Levitt Commercial, LLC, a Florida lill11ted 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 requirements andlor exceptions upon review of same. - or- Record in the Public Records of Palm Beach County, Florida, a Certificate from the keeper of the records of the company cemfymg: ] Whether the management of the company is/was vested in the members or in the manager(s); 2.The ARB1 4/99 S8 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 names and positions, if any, that the managing members havelbad or the names of the then active manager(s) of the company, on the date of the deedlmortgage 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 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- J 4-003-0031 and 08-43-45-32-14-003-0032. 8 Satisfaction of the 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 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 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 Termination or Partial Release of the security interest in the land described in Schedule A disclosed by the Fmancing Statement from Nayrot Realty Ltd., a Florida Limited Partnership, Debtor, to Mellon United National Bank, Secured Party, recorded June 3,1999, in Official Records Book I] 146, Page 1650. 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 partnership to Jackson National Life Insurance Company, recorded in Official Records Book 9151, Page 595, of the Public Records of Palm Beach County, Florida. 12 Termination or Partial Release of the security mterest 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 9151, 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 1 ARB 1 4/99 S8 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number n. 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, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or anaching 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 Conunitment. 2 Standard Exceptions: a.Rights or claims of parties in possession not shown 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. f.Any 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-indenmity 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 4 I 63. 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 55 7 Easement granted to Florida Power and Light Company recorded in Official Records Book 3295, Page 268. 8 Easement granted to Flond. Power and Light Company recorded In Official Records Book 4228, Page 65. AR82 4/99 SE' 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. 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B . Section 2 1941 10 Easement granted to the Cl1y of Boynton Beach, Florida. recorded in Official Records Book 3042, Page 1765 II 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 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 pannership, and Goldome Boynton, Inc., a Florida corporation, are partners, Boynton Commerce Center Property Owners Association, Inc., a Florida not-for-profit corporation, and Boynton Commerce Center, Inc., a Florida cotporation 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. Wenda II 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. IS 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 April 4, 1997 in Official Records Book 9729, Page I 874, as amended by First Amendment to the Declaration of Restrictions for Boynton Commerce Center Property Ovroers 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 11647, at Page 1843. 20 Tenns, 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, 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, Page 1313. NOTE: On loan policies, junior and subordinate matters, if any, will not be reflected in Schedule B AR824/99 S8 . . ARB2 4199 58 300212796 A.L.TA COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 NOTE: All of the recording mformation 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, jf any, will not be reflected In Schedule B. 05(16/?003 08:S7 FAX 561640399F ADELPHIA CABLE Adelphia Engineering Department 1401 Northpoint P3Ikway West Palm Beach, PI 33047 Friday May 16, 2003 Joni Brinkman 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 f Fa;: Numbers - 1-561-640-3996 f e-mail- sarnuel.gonzalez@adelphia.com ?~J2 SomOO""",,~ ,:) Field Coordinator Il!I002 '~ ''!'II .- ~ ~ '''''!, Florida Public o Utilities Company Joni Brinkman 1532 Old Okeechobee Road Suite 106 West Palm Beach. FL 33409-5270 P.O. Box 3395 West Palm Beach FL 33402-3395 (561 )832-2461 May 19.2003 RE: Abandonment of E,,,~mellls Y.itlti.. tile Boynton Commerce Center-02-030 Dear Ms Brinkman: As per your request, we have reviewed the referenced project and have determined that Florida Puhlic 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 nell gas t~lcilities may be incorporated into this project we will notity you and submit proposals to vour 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, ;Z?ZRC~~?a~;i( Frank Studenski Engineering Tech cc: c.c. Canino ..4lI11ft1111S _EmIlI: Y01l DIG c:.u& MINIIIIIM .-Ioo..cJW770 n'8 'IllS UW IN h.OlIIDA I.: . . r '-7< / \'\. r--'cc("c, j lUd_chE J' (J.e. .--1\-. -" . P-,-SSOclates, Inc. ! ,I !:.! 'L :11'-: .-\: ~'h ::L', t ,; 'C i_.:nd PL;)ji\ir.,l2 !--.'~ I "IX\-j ii' May 8, 2003 Mr. Bob Lowen BellSouth Engineering Department 2021 S. Military Trail, l;t Floor Engineering West Palm Beach, FL 33401 VIA FACSIMILE 439-9118 RE: Abandorunent 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 abandorunents 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: 9. IngressfEgresslUtility EasementAlong 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. IngressfEgresslUtility 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' in!:,'Tess/egress easement along the eastern property line. 1~32 Old OJ..:ccclwbcc RD,:ci Suite ]06, West Palm BCJch. FL 33.f09-~2--;O Tel ~n]~(lSC)-4h-() . r;J\ 5hl-("r..;'1-5559 . F-:ilJll: \\imt-.,n\\]a.cll:w],com Mr. Bob Lowen May 8, 2003 Page 2 II. 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. 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 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. Sincerely, ~~ Project Planner I \lViHston ,,' Lee Associates, Inc. L:r< ,,-,;]-": :\),-'~lJ1ll1L:i-1' i ~':,' j i -' I.:: j ': 1 ;~ :: [:"1. ;eLl=- ell!) May 8, 2003 Mr. 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 reconfiguredviaORB 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. ]~32 Old OkccchubL'~ R(l~d SUIlC j06. \\'c~t P31m BC3Ch. FL 33409.~2iO rel. 5hl-(),1.:9-4{)-(J . El'\. ~('\] fr:-;')-5~:,q . E-m~iil \,ifl'-k:-::\,la.JJ(,1 com Mr. Dave Heal May 8, 2003 Page 2 15. S'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. Sincerely, ~MCP Planner 06/05/2003 14:45 5616895 WINSTON LEE ASSO I"f-I:t.E fo,[]. 4e7 495 ?639 PAc;[: C, FFO': : FPL Rilngel ine Svc C~,. Jun. es 2IlIlJ 0E.: 1Qq'1 P:; . I=PL 1~""".._aUght"'_ June 5, 2003 Winston LlIlI AssoelQM. Inc AIln: JQni ElItnktnan 1532 Old Oklled1oDee Rd Sill 100 West Patin Beach, FL ~'TO "'... Dqynll><l D.oa..h Com..."""" Oontor, l\l>o"",,"mont '" UlIIIIy ~ ~~ ~"."m"*'_ Yro,r F.. N ,_ 02- 030 oear Ms. Brinkman: TIlls Is n map_1o your 1eIIer, dlllGd Msy 8, 2003, .ent to my office \lit recslmil<.. I ""'<lid like., than/; )100 fOr meetlng IlI!I on $lie. Tuil3d8y ""00 3. 2003. 10 .....islln my further \:nder.lteIldlllll \'OW finn's request Attar our tne\lIin9. sullMql Ie'lI dlsa.18sklll end I'!IIiew of !he doewnenb eubmlltOO to my oIllM. I find no reason FPL 'MIUld object 10 the abanclomI8nI of ihe _Ill you hlMJ dosoribad. ll1f1'/ are' Ingre88lEQress e-en~ Easem$ntAlong Northem proper!y u-.Yoor&hltlt'~_" (ExIIlIng FPL faclIIll$e wi! remain 00 FFI. Easement.) IngreuJE.gress Easement/Utility Easemr. nt Along SootIIMl Property Line- Y')lJr Exhihit "U: (Which leto be replaced by your Exhibit 'C.") 8' X 12' Uflllly Easement-VPIlI' Exhibil"[I.' (Which Ja fur exlS1Ing fInIl1)'dranl, FPL fueilitiw unaffected.) FPL Easement-Your Exhlb~ "E: (Whiah hils n<;J width dlO8Cl'lbed and doe, not affect exlsIInQ FPl facjljti<D_) If I may be of any lUr1h11r assistance. pl~!1!Il! do no! h8l\llllle to oonlact my office, (66-1) 4?9-4505- s~ o P 'Dave" Heal CUalOlll8l' Project Manag\lr DPH cc: f\losimllelllle AA P'PL Group COr'rtpiIIv 06/18/ ~003 14: 59 56168955~ WINSTON LI:E 1\5S0 _~~~:r""""" l""~ ~~T . 6695559 p,o,(: (': I'I1.56S IHlj @ SEILILf>OtA"H .,....,..., Tel~.1nG. ~ineerlng DePlrT ....1 20;!1 So. IIIlIIliry T'"IIl _107 Weet p*" EleaGlI, I'L 33415 0IfIc:a; $61~_118 F8lC nl~6&-J4Q9 June 16, 2003 JoN Brinkman, A1CP Wll'I$tOn Lee & ....ociates, lInc. 1532 Old OkHchobee Road Suite 106 W..t Palm Beach, FIoridIIl~J409.527(1 Re: Boynton Commerce 1:enfelr, hllSouth li~pIIcem:ent f:a~!'lI8nt Dear Ms. Brinkman; Pursuant 10 ~jpt of the proposed six...foot \O/ld$ utility ~t lIS EIeUSClUItI has no objection to the abandonment within the f!oyrrton eorrm,,,,. Genter a~i described in your May SIh, ZOU31eUvf. PI8a88 copy me with the exe::uted e8llll1'tMlnt wOOn 1'e(;ordEld in 1hl~ 1'1IblIc Records of Palm 6each Cou,:'ly. Florida. ~c.R- Robert C. Lowen Project Manager RIght of Wq Cc: Steve Buck