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LEGAL APPROVAL .:> The City of Boyftton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ~7 (, (, } www.boynton-beach.org December 11, 2003 Mr. Winston Lee Winston Lee & Associates 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 Re: For: File No. Location: Dear Mr. Lee: Abandonment Boynton Commerce Center, Lot 3B ABAN 03-005 West of 1-95, East of Congress, South of Woolbright Enclosed is the City of Boynton Beach Ordinance No. 03-044, for application item ABAN 03-005, which represents the abandonment of the existing ingress/egress easement. The City Commission approved this abandonment on September 2, 2003. Please note the requirement for a recorded easement document acceptable to the City. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260. Sincerely, Ic~ Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Ordinance No. 03-044 Conditions of Approval G:\Approval form letter after CC new-Abandonment ABAN 03-005.doc ~\ ORDINANCE NO. 03-0"''"1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN EXISTING INGRESS/EGRESS EASEMENT WITHIN A PORTION OF PARCEL 3B & 3C (NO. 03-005) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION 0 F A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon the 65 foot wide ingress/egress easement located within a portion of Parcel #B & 3C, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Plaruring and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section I. The foregoing Whereas clauses are true and correct and incorporated herein by this reference, Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 65 foot wide ingress/egress easement located within a portion of Parcel 3B & 3C, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida, Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 1L day of~, 2003 S:\CA\Ordlnances\Abandonments\Boyntorl Comnerce Center Abd . 65 foot Ingress-earess.doc SECOND, FINAL READING AND PASSAGE TillS .2L- day of &pt"'IlI\D<!'r ,2003. ATTEST: -"'--" k ~ Commissioner S:\CA\Ord\nances\Ab8ndonments\Boynton comnerce center Abd - 65 foot lngrus-eoress.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 65 foot wide ingress/egress easement, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City thiS---l!!..d day of. September, 2()()3. CITY~=ACH' FLORIDA Kurt Bressner, City Manager ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said COrporation; WITNESS my hand and official seal in the said State and County this -M.. day of September, 2()(j3. ~an~ NOTARY PUBLIC, State of Florida My Commission Expires: ~; ..~ MYCOWSU:~913630 . EXPIRES: February 24, 2004 n 8ondedThI1l~PlltlIIc:u~rilIIII S:\CA\Ordinance.\Abandonmenls\Bo~lon Conmerce Cenler Abd -PIO. UI~ity easemenl.doc I I I I I I I I I I , I I I I I I I PARCEL 3D I I I I I I I , I I / I / / / I D ""r:'''i.,) -..\ '~ "': ~~. 04~ SKETCH 8c DESCRIPTION INGRESS & EGRESS EASEMENT BOYNTON COMMERCE CENTER PLA T BOOK 46, PG, 126 & 127 N02"21'32"c N02"21 '32''[: 31,63' 56,54' CORPORA TE DRIVC - EXHIBIT 1/8" 6==03"05'21" R=::25. 00' L==28,30' ~ -.. SCALE: '......100. WE5T LiNE OF PARCEL JC 6==89'06'08" R=2000' L=31.IO' P.D.B. s. W CORNE/? PARCEL JB ~Sr "'4Rc. UN.: 0, Q .18 588 '32 '20 "E 60.64' ',' " ~ ~ ',' ~ <c ". ." ''') ") 8 " <c . . '.' ~ " , PARCEL 3C Cl . " .<\i . '" ~ ~ :<: ::'.- PARCEL 3B 6 == 108".32'35" R=20, 00' .10' L==3789' <to 1Nc.-;>.:s UT;t./rr S. cc.-;>.: ':4S.:~ Ss ~Nr[ ____ -- '.' l,J Cl " .'" " ,.' '" '. ~ ~ V) ....... 6==71"27'25" R==20.00' L=24,94' s..?o~ ' 110 '? IS''w '/'$' ~..f6'a A V'ROM & ASSOCIA TES. INC. "-i"o SURVEYING &: MAPPING 110 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. I15ll11 302-258... FAX 115_ 30..-71211 @200l A"'ROt; " ASSOClAT!S. INC. AU. RlcHl'S R~R\otO, ..... ..... JOB # 4109-27C DATE: 01/09/01 SHEET-LOF-L -i"..f~-i"a.,o REVISED: 02/29/01 REVISED: 01/31/01 ,,I EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number- ABAJ'\I 03-005 I - i DEPARTMEi\'TS INCLlIDE REJECT PUBLIC WORKS- General I Comments: 1. The proposed replacement easement to the 65-foot ",ide ingress / egress X easement shall be renlaced with a 50-foot utility easement. PUBLIC WORKS- Traffic I Comments: None X UTILITIES I Comments: None X I , I FIRE I I Comments: None X I POLICE I Comments: None I X Ei\'GINEERlNG DIVISION I Comments: None X BUILDING DIVISION I I Comments: None X PARKS AI'ofD RECREATION I Comments: None ,. X I FORESTERJENVIRONMENT ALIST I I Comments: None X I PLANNING MID ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS I INCLUDE I REJECT II PRIVATE UTILITIES -" J Comments: 2, Adelphia: None X 3. Florida Power & Light: None I X 4, Florida Public Utilities Company: None X 5. BelIsouth: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: I 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Cornmeni:s; 1. To be detennined. S;'-?1anning'.SHAR::OV.....P'PROJECTS\Soyrltcr: c"mr,erce Ctr\ Boynton c"lTt1'1e(ce elf let 3Sl,;,2AN 03.cCS\COA.~oc I '-.. . ~ .~,/ ulston . .fuJ. =>_,-I'!ft~,li,"", .\ <'lociates. Inc. \ ,'I""-li," 'i'i[I'" MEMORANDUM DATE: December 3,2003 TO: Maxime Ducoste-Ame'de'e cc: Eric Johnson Barbara Hansen FROM: Joni Brinkman, AI~ RE: Replacement Southern Ingress/Egress Easement Boynton Commerce Center Lot 3B Our File No. 02-030 As you will recall, what was referred to as the 'southern ingress/egress easement' during the site plan approval for this project was abandoned via Ordinance 03-044, as recorded in the Official Records Books of Palm Beach County, Florida in Book 15918, Page 496. A fifty foot (50') replacement easement was proposed at that time and a sketch and legal of same were provided. to the City. However, this replacement easement was not recorded at the same time as the easement abandonment. Therefore, as proof of the recordation of that replacement easement, attached please find a copy ofa "Modification and Consent Agreement (South Easement)". This instrument was completed as part of the closing for Parcel3B and subsequently recorded in OR Book 16123/433 on October 31, 2003. Exhibit "c" attached thereto, is the legal description previously provided to the City for the replacement easement and this instrument effectively records the new easement. This documentation is provided for your files, as proof of the recordation of the replacement easement. Please call with any questions. DEC - 5 ] ":;:-2 (lid (lk:""':l'!lllhvc 1<.11,1(1. "llll!i..: ]111, \\l ~t 1\1Inl ];r;:kh t': ~ q()(I-'~.::"(1 ]l'] .:'(1]-I';'':\i-II)-,) . i-:J' ":;i,j (I'\ll ':;;":;':;1) ~ t::'-lluil \'.lli'~t('!1\iLIU,i\ll.lidl1 Doc-OH003 05,01"" Fron-RUDEN ~ClOSHY IB77H NTST - +9541544995 H02 P. 002/012 F-192 ,,..: '111....11I111I11.,.1.1. ....... 19/3112l1l1l3 16:3&:31 208311677602 OR OK 16123 P6 9433 Palm Be.~h County, FID~ida - ~~~~l.<.Ib' LORA L. SUMMERS I RU1lfII,IIcClilSlr( SV/llt SCIftISllIlIIlUSllll, POST OFFICE BOX 1900 PA. FORT LAUDERDALE, FLOFllDA 3ll302 MOnlF1CATION AND CONSENT AGREEMENT (SOUTH F.A!lRMENTl THIS MODIFICATION AND CONSENT AGREEMENT ("Agreement") is entered into this ~ day of October, 2003, by and between NAYROT REALTY, LTD., a Florida limited partnership ("Nayrat'') and BOYNTON COMMERCE CENTER PROPERTY OWNERS' ASSOCIATION, INC., a Florida oorporation not-for-profit ("Association''). WITNESSETH: WHEREAS, Nayrot is the owner of the property deseribed on E"hih;! A attached hereto and made a part hereof ("Parcel 3C''); and WHEREAS, Nayrot is the owner of the property clesonbed Oil Exbibit B attached hereto and made a part hereof f'Parcel3B and Parking Area"); and WHEREAS, there were platted ingress, egress and utility easements granted under the plat ofBoytllon Commerce Center recorded in Plat Book 46, Page 126 and 127 (''Plaited Easements''); and WHEREAS, the ingress, egress and utility Platted Easement between Parcel 3B and Parcel 3C had been vacated and a new sixty-five foot (65') ingress and egress easement was granted to the As.ociation pmwant to Official Records Book 12299, Page 1725, as modified by couective Easement recorded in Official Records Book 12312, Page 23 (collectively, the ''South Access Easement"); and WHEREAS, the parties desire to amend the legal deseription of the South Access Easement to permit the development of Parcel 3B consistent with such amendment. NOW, THEREFORE, in consideration of Ten Dollars ($10,OO) and other good and valuable consideration, the receipt, adequacy and sufficiency of whioh i. hereby acknowledged, the parties intending to be legally bound. do hereby agree as follow.: 1. The recitations set forth herein are true and correct and are incorporated herein by this refer:ence. 2, The legal description of the area affected by the South Access Easement (the "South Access Easement Area") is her<:by modified and restated in its eutirety to read as set forth on E"hlhtt C hereto (such n~ easement area being the "New South Acees. Easement Area"). 3. It is hereby intended that the South Access Easement in favor of the Association is limited to the New South Access Easement Area and the Associ'llion shall not have any rights of ingress and egress under the South Access Easement to any portion 1 OCtober21,200J FTI.:1l06689,1 J:\TO:\dalFEN'i'lll)'mt\1EVffT\MCA-South.doc O.c-Ol-200l 05,Olpm From-RUOE" ~"lOSKY IBTTH "TST +9547544995 T-502 P 00l/012 F-792 of the fonner South Access Easement Area located outside of the New South Access Easement Area. 4. The parties recognize that the City of Boynton Beach, Florida ("City'') has consented to the vacation of the South Access Easement in total, however it is the intent of the panies that although the City has consented to the vacation of the South Access Easement, that Nayrot and the Association are not terminating the South Access Easement but are modifying the South Access Easement so that the South Access Easement Area shall be limited to the New South Access Easement Area. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESSES: October 21. 20m m:1I06689:1 1:\TCC\dalPEN'1nayrot\lEVlTI\MCA-South,doe NAYROT REALTY, LTD., a Florida linrlted partnership By: Dalfen Boynton II Entetprises Inc. By: .ryv'} fl ~ Name: 'l(l,fKi\.JH' e1J Title: ~~S' I~ i<? '-J'-j Date: of ~&1 () ()'() 3 BOYNTON CO:MMERCE CENTER PROPERTY OWNERS' ASSOCIATION, INC., a Florida coIporation not-fur-profit 12. By: Name: Title: Date: z 00,-0\-2003 05:01pm From-RUOEN MCrLOSKY 18TTH NTST +9547644896 T-602 P.004/012 F-782 EX'l'lmIT "A" teEal Descriotion ofParcel3C Revised Parcel 3C All of Parcel 3C, less that part of Parcel 3C which is described in deed recorded in Official Records Book 9151, at Page 571, TOGETIIER WITH A PORTION OF PARCEL 3B, all in BOYNTON COMMERCE CENTER, according to the Plat thereof, lIS n:corded in Plat Book 46, Pages 126 and 127, all in the Public Records of Palm Beach County, Florida, DESCRIBED AS FOLLOWS: COMMENCING at the southwest comer of said Parcel 3C; thence N02"21 '32"E, along the west line of said parcel 40,00 feet to the POINT OF BEGINNING; thence continue N02"21'32"E along said west boundary of Parcel 3C and Parcel 3B, 230.59 feet; thence SSso32'20"E, 800,11 feet to a point on the east line of said Parcel 3B and the west right-of-way line of the Seaboard Airline Railroad; thence S20"OO'15"W, along east boundary and west right-of-way line 323.51 feet to a point on a non. tangent curvature of a curve concave to the southwest; thence llOnhwesterly along the arc of said curve, having a radius of 1534.00 feet a centIaI angle of 18007'47", an arc distance of 485.40 feet; thence N8so32'20"W, 223.51 feet to the POINT OF BEGINNING. 3 Oetnber 21, 2003 FTL: 1106689: 1 ',\1'CC\4alF1lN'<nlyrOl\IEVITTIMCA-S.um.do, 0,,-01,-2003 05:02po From-RUDEN ~CLOSKV 18TTH NTST +9547644996 T-602 P.005/0l2 F-792 EXHIBIT "B" Lellal Descriotion ofParcel3B P MCEL I: A portion of Parcel 3B, BOYNTON COMMERCE CENTER, according to the plat thereof as recorded in Plat Book, 46, Pages 126 and 127 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the Northwest comer of said Parcel 3B; thence South 88 degrees 32' 20" East, along the North line of Parcel 3B, a distance of 179.10 feet to a point of curvatu:re of II curve concave Southerly with a radius of 1994.00 feet and II central angle of 18 degrees 13' 31"; thence Southeasterly along the arc of said curve, 634.27 feet to a point on the East line of Parcel 3B and the West right-of-way line of the Seaboard Airline Railroad; thence South 20 degrees 00' IS" West, along said West right of way line, 136.50 feet; thence North 88 degrees 32' 20" West, 800.11 feet to the West line ofParcel3B; thence North 02 degrees 21' 32" East, along the said 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 COUIlty, Florida. 4 October 21, 2003 m:] 106689:1 1:\TCCldalFEN\noyro'\IEVlTI\MCA-SoulllJioc Doc-Ot-200! 05:02pm From-RUDEN ~'OSKY 18TTH NTST +9547644996 T-602 P.D06/DI2 F-792 EXHTRIT "e" NEW SOUTIl ACCESS AGREEMENT A portion of Parcel 3B and 3C, BOYNTON COMMERCE CENTER, according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, Public Records of Palm Beach County, Florida. Said 50 feet easement, being 24.50 feet on the south side and 25.50 feet on the north side of the following described line; COMMENCE at the southwest comer of said Parcel 3B; thence N02"21'32"E, along the west line of said Parcel 3B, 20.56 feet to the POINT OF BEGINNING of said line; thence SSS"32'20"E, along said line, 742.10 feet to the POINT OF TERMINATION. Said point being on the westerly line of an existing platted 30 foot IngreWEgress and Utility Easement. Sidelines of said easement will lengthened or shortened to be common with existing west line of said Parcel 3B and the said west line of the existing 30 foot IngresslEgress and Utility Easement. Said land lying in Palm Beach County, Florida. 5 October 21, 2003 FI'L:l106689:1 1:\TCCIdloIFEN'<l')'IOlIIEVIT1'IMCA-South.doc 0.,-0\-2003 05:02pm From-RUDEN MCCLOSKY 18TTH NTST +9547644996 T-602 P 007/012 F-792 CONSENT AND SUBORDINATION 752750 The undersigned, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY DEAN WITI'ER CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-TOP5, as successor-in-interest to PRINCIPAL LIFE INSURANCE COMPANY ("Lender"), is the lender under the following described Renewed, Restated and Amended Mongage and Security Agreement ("Mortgage") which currently encumbers that certain tract ofland more particularly described in Exhibit A attached hereto, dated February 12,2001, recorded February 13, 2001 in Official Records Book 12312, Page 111, in the Public Records of Palm Beach County, Florida. Lender hereby consents to the execution and recordation of the Modification and Consent Agreement to which this Consent and Subordination is attached. ,Lender hereby subordinates the Mortgage to the Declaration (but to no other documents either on or off record or other title) to the same extent and with the same force and effect 'lIS if the Modification and Consent Agreement had been executed and recorded prior to the execution and recordation of the Mortgage. (Remainder of page intentionally left blank) Doc-01.-2003 05:02pm From-RUDEN \f'oIOSKY 18TTH NTST +9547644996 T-602 P.008/012 F-792 IN Wl/fSS WHEREOF, Lender has executed this Consent and Subordination this 17-ckdayof ~,2003. WITNESSES: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY DEAN WITIER CAPITAL I INC., COMMERCIAL MORTGAGE P ASS- TIIROUGH CERTIFICATES, SERIES 2001-TOP5 By: PRINCIPAL GLOBAL INVESTORS, UC, fi'kla Principal Capital Managancnt, LLC, a Delaware limited liability company, in its capacity as Primary Servicer, its authorized signatory 'iJnlluN~~~ Print Name: ,j'r " By: Name Title :-'.'.- ~~~cV~:~.~se Ii ~J -,' . . '.., . "'.~'''' "'~.' ~OliIlP~ nl Name: /' t9~ d~l~{ PrinlName: DatI'1I\j,\S<, r. ,,~ . '. J~' .~. ,- ~ '.~'" ':: .," : ~. .. ;: .::' .~. ::" ~ Oec-Ot-2003 05:02pm From-RUDEN I''"I.OSKY 18TTH NTST +9547644996 T-602 P 009/012 F-r92 STATE OF IOWA ) ) COUNTY OF POLK ) On this 17Ul day of October, 2003, before me, the undersigned, a Notary Public in and for the said State. personally appeared Patrick C. Frazier and James C. Fifield, to me personally known to be the identical persons whose names are subscribed to the foregoing illStI'UIl1ent, who being by me duly sworn, did say that they are the Counsel and COlUlsel, respectively, of PRINCIPAL GLOBAL INVESTORS, LLC, a Delaware limited liability company, authorized signatory of LaSalle Bank National Association, As Trustee For Morgan Stanley Dean Witter Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 200l-Top5, and that the seal affixed to the instrument is the seal of Principal Global Investors, LLC; that the instrument was signed and sealed on behalf of the company by Principal Global Investors, LLC, as authorized signatory of LaSalle Bank National Association, As Trustee For Morgan Stanley Dean Witter Capital I Inc" Commercial Mortgage Pass-Through CertIficates, Series 2001- TopS, by authority of the Board of Directors of LaSalle Bank National Association, As Trustee For Morgan Stanley Dean Witter Capital I Inc" Commercial Mortgage Pass-Through Certificates, Series 2001-Top5; and that the aforesaid individuals each acknowledged the execution of the foregoing instrument to be the voluntary act and deed of Principal Global Investors, LLC, as authori ed signatories of said company, by it and by them voluntarily executed. @ AMY.LUcF~D~.. 'lI .. Comm~on Nur.:........ 71,__. . . My Commis$lon E:<;;~;-r.:..:; .. May 24. 2C04 Dec-01-2003 05:03pm From-RUDEN ~LOSKY lBTTH NTST +9547644996 T-602 P 010/012 F-792 . ., . Exhibit A 752750 LeKal DcscIilltIon Revised Parcel 3C AD of Parcel. 3C, less that part of Parcel 3C which is described in deed recorded in Offlcial R=:ords Book 9151, at page 571, TOGETHER WITH A poP-nON OF PARCEL 3B, all in BOYNTON COMMERCE CENTER. accQIding to the Plat tbeteof. as recorded ill Plat Book 46, pages 126 and 127, all in the Public kords ofPahn Beach County, Florida, DESCRIBED AS FOlLOWS: COMMENCING at the sDUtbwe:st comer of said Parcc:l 3C; thence N02"21 '3Z"E, along the west line: of said parccl40.00 feet to the POINT OF :BEGINNING; thence coutinue N02"21'32"E along said west boUlldary of Parte! 3C and PlIICel 3B, 230.59 feet; thence SSS"32'20"E, 8QO.11 feet to a point ou the east !iDe of said Partel3B and the West Right-of- Wa.y line ofthc Seaboan:l Airline Railroad; lbcnce S20"OO'15"W. along east b~ and West Right..of-Way line 3Z3.51 feet to a point on a non-tallgeDt C\II'Iatnre of a Clm/e: toacave to the southwest; thence IWrthwestedy along the an: of said curve. having a radius of 1534.00 feet a central angle of 18607'47", an il.It; distance of 485,40 fc:et; thellCe N8S"32'20"W. 223.51 feet to the.POlNT OF BEGINNING. Togc:t!=r with the following four easements: Easement Parcell Petpt:mal. uoncxc1usive easemenrs for Ingress, egIess and utilities cteatcd pur5\laIlt to Plat of BOYNTON COMMERCE CENTER, recoIded jn Plat Book 45, at page 126, as amended by the Deed and Easement Agreement l'efmed to in and modified pursuant to that certain Agreement filed in Official Records Book 4736, at page Pa7, referred to in the Dec1amion of Restrictions filed in Official Records Book 9729, at page 1874, as ~1"QI'IIlJPd in Official Records Book 9929, at page 807, and as grllUU!d in Deed recorded in Official Reccmls Book 10269, at page IS10, of me Public Records ofPalln Beach CouDfy. Florida, and described as follows: Cnmm"'lI"ing at the Northaast comer of Section 32, Township 45 South, Range 43 :East, Palm Beach County, Florida; thence due West (8llSIIIIICd), along said North line of Section 32, a diStltllCe of 112.84 feet to a point on the West Right-of-Wa.y line of the Seaboil.Id Airline Railroad: tbenee Scum 20"00'15" West, a101lg said Westerly Right-of-Way liut, a dislBDcc of 764.69 feet; l!teltce North 69"59'45" West, a distance of741.01 feet to the Point of Beginning or the ingress, egress and utility eas=r to be herein described; rh= South 21007'56" West a distaaee of 178.19 feet to a point of curvature of a curve COIlCi\ve Westerly with a radius of 514.00 feet and a central angle of 16"40'29"; thence Southerly along the &rI: of said curn:, 149.59 feet to a point of :reverse curvature of a curve concave Easterly with a ndius of 525.00 feet and a ceJltra1 angle of 35"26' 53': the11ce Southerl)' along the ar<! of said curve, a di$tlll;l(;e . 0.,-0\-2003 05:03pm From-RUDEN ~r1.0SKY 16TTH NTST +9547644996 T-602 P.Oll!012 F-792 . '... .2- of 324.81 feet to tangent; Ihence South 2"21'32" West a disI'rn;e of 306.57 feet; ~ North 88032'20" We~ a di$tance of SO.OI feet, thellCe North 2"21'32" East a dist:mce of 307.35 feet tD a poim of curvat\Ile of a curve CODCaYe to the East; thence North along the an: of said eurvc haviDg a radius of 575.00 feet and a centtal angle of3S"26'S3" a disrance of 355.74 feet to a poiDt of revme curvamre of a curve COIIClIve to the West, tblmce North lI10ng the an: of said CUM: having a radius of 464.00 feet and a cemral angle of3S"26'53' a distance of 287.07 feet to a poiDt; thence NOIth 2"21'32" East a distaxlI:e of 404.61 feet to a point in the Soutberly Right-of-Way line of Woolbright Road, as shown in Plat Book 4, page 85, Public Records of Palm Beach CQuntY. Florida; tbence due East along said Southerly Right-of-Way line a distw.\l;Cl of 49.S1 feet; tl== So\1'lh 2"16'50. East a dis1ance of 16.42 feet; thcm:c North 87"43'10. East a disTaDce of 29.31 feet; thence Soufh 2"21 '32' West a d.israDce of 389.19 f= to the Point of Beginning. EasaIIaltParl:e12 A nOnexclusive easement for in~s, egress and utilities created by GIant of E'~"l't lIIld A.ccePtIUlte dated Febnmy 1, 2001, by and between Nayrot Realty Lid. and BoylltllI1 COIDll\eI'Ce Center PIopett)' Ownen: Association, Inc., recorded prior wela, as axnended by Corrective Graut of Easement dated and recorded on or about Februaxy 12. 2001 ami described as follows: BEGIN at lhe $OU1hwest comer of said Parcel 3D; wnce N02"21 '32 'E, along the west line of said p;u<:elS6.S4 feet to a point on a rangent curve concavc easterly witb a radius of 525.00 feet and a CCIlttal angle of03"OS'21'; the':oce northerly along the are of said. curve 28.30 feet; tIlc11cc 888"32'20'13,60.64 feet; tbence S65"OO'OO"E, 79.49 feet; thence 888"32'20"E, 603.33 feet to a point 011 a taJJgelIt WIVe CODCllVC IlOIthwestuly with a radiUll of 20.00 feet aDd a central angle of 71"27'25'; thcllce nDrtherly along the arc: of said curve 24,94 feet to an inter~OII with an existing 30 foor Ingress, Egress, and Utility Easement; thence S20"OO'lS"W, along said easement 110.75 feet to a point 011 a IIOIHallgent curve CODCllVC southwesterly widt a radius of 20.00 feet lUIll CCIltIal angle of 108"32'35"; thence northwesll:rly s10ug the arc ofsaid curve 37.89 feet; th=r:e N88"32'20'W, 684.22 fee! to a point 011 a taIlgeDt curve concave SOIItbea5terly with a xadius of 20.00 feet and a central angle of 89"06'08"; tbem:el SOIltbetly along tile arc of said curve 31.10 feet to an intersection with the west IiDe of said Parce13C; lltcnce N02"21'3Z"E, along said parcel line 31.63 feet to the POINT OF BEGINNING. Easemcnr Parcel ~ Perpetual., oonexclusive ew-m..nu for ingress. egress and utilities created pursuant to Plat of BOYNTON COMMERCE CENTER, recorded. in Plat Book 46, at page 126, a:; ~m"""...t by the Deed and Easement Agreement referred to in and modified pursuant to th3t eenain Ag.eement filed in Official Records Book 4736. at page m, referred ID ill the Declaration of . Doc-91-2003 05:03pm From-RUDEN ~CLOSKY 18TTH NTST - . ,. ., +9547644996 T-602 P.012/012 F-792 -3- Remictious filed iu Offtcia1 Records Book 9729, at page 1874, as :rml.'l3f!~ in Official ReconIs Book 9929, at page 807 and as granred in Deed recorded in Official Records Book 10269, at page 1510, of the Public Records of Palm Beach COUtIty, Florida, and de5cribed as follows: ec......",0I0C at the Southwest Cll1'DCr of said Parcel 3C, lhence S. 8S032'20"E., along the SIl1lth line ofP=l3C, a otistanee of' 224.14 feet to the Point of'}3eginning of'thc PasemeN to be herein described; tlIence N. 1 "Z7'40"E. along the radiu$ of a curve COllCave to the Sourh he.ving a radius of 2178.5 feet, a clisrauce of 32.5 filet to the poa of Ial1gency of said curve; thence Easterly along the lIIC of said curve, having a panial delta angle of 10'52'2S" a distance of 413.44 feet 10 a pow of reverse CUIValUre; tbence Easterly and Nortberty along die lIIC of a curve toncave to the Nonhwest, having a radius of 20 feet and a partial delta of 91"40'10', a diiitlmCe of 34,09 feet; th= S. 200OQ'lS'W. aIoDg a line tang=to said curve a (IFfII"e of 106.00 teet; to a point of tangeIlCy of a curve to the Southwest, havinl a radius of 20 feet and a partial delta of 81056'36"; thence Northerly and Westerly along the lIIC of said CtUVe a disllUll:e of28.60 feet to a poim: of compound anvattlre; thence Westerly along the ilIC of a curve, tollClll'e to the South having a radius of 2113.5 feet and a partiaI delta of 10"29'11" a distance of 386.82 feet to the point oftaYlgt'lICY of said curve; thc:nce NOl "27'40"E., at 90" to thc said line of talIgency, a distaDce of 32.5 feet to the PoinI of BeginniI!g. Easement Parcel 4 A l10IICXClusive ~ fOT ingress, egress and parltiDg created by R=iprocal ParkiDg Easement Agree.me.at with covenants, comlilions ami. restrictions dated as af FebIUaxy 8, 2001, by aud between Nayrot Realty Ltd. and Menorah Realty. Ltd., recorded pnor hereto, and described as follows: A portion of Parcel 3C and 3D, BOYNTON COMMERCE CENTER, according to the Plat 1hereof, as rccor4td in Plat Book 46, pages 126 and 127, in tbe Public Records of Palm Beach County, Florida., described as follows: BEGIN lit the southwest corner of said Parcel 3C; thence N02"21 '32 "E. along the west liIle'of said pllICe173.71 feet; thence 588"31 '2S"E. 679.09 feet to an iuterBection with lll\ existiog 30 foot Ingr~, Egress Uld Utiliry EasE:IllCllt; thetn S20"OQ'15"W. along said easemellll33.91 feet; thence N88"31'25"W. 638.50 feet to the wt'St line ofPaIcel3D; thence N02"21'32"E. along said west line 53.28 feet to the POINT OF BEGINNING. MC:jp:s:7527S0:exha 2\7\01 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P,O, Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: S61-742-6259 ~. www.boynton-beach,org December 11, 2003 Mr. Winston Lee Winston Lee & Associates 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 Re: For: File No. Location: Dear Mr. Lee: Abandonment Boynton Commerce Center, Lot 3B ABAN 03-005 West of 1-95, East of Congress, South of Woolbright Enclosed is the City of Boynton Beach Ordinance No. 03-044, for application item ABAN 03-005, which represents the abandonment of the existing ingress/egress easement. The City Commission approved this abandonment on September 2, 2003. Please note the requirement for a recorded easement document acceptable to the City. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260. Sincerely, ~~ Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Ordinance No. 03-044 Conditions of Approval G:\Approval form letter after CC new-Abandonment ABAN 03-005.doc