Loading...
APPLICATION FILE No.737 02/25 '04 15:09 Tn:MORAITIS,COFAR,&KARNEY FAX:9545~~5488 PAGE 1/ 1 MORAITIS, CO FAR & KARNEY ATiORNEYS AT LAW GALLERIA PROFESSIONAL BUILDING Suite 506 916 Middle Rhrer Drive Fort Lauderdale. FL. 33304 Telephone (954) 563-4163 FAX (954) 563-5913 Sendlll'S Enlall AdCte65 jpsrn@meklaw.com GEoRG~ R, MORAITIS LAWReNCE J. COFAR WIL.L.IAM M. KARNEY GEORGI! R. MOlWllS JR. FACSIMILE COVER SHEET DATE: February 25, 2004 FROM: (NAME) (FAX NO.) (NAME) (FAX NO.) Sherie TO: Juan J. Pere~ ! ' / < '-------- ! . -- FE& 2 ' 5 cU04 561-742-6259 954-563-5913 , -....j RE: Largo pointe Roadway Abandonment OUR FILE NO. i { '------ J' THIS IS A .1 . PAGE TRAIlSMISSION, INCLUDING THIS cOVER SHEET. plEASE TELEPHONE 954-563-4163 IF ANY FAX COPII:S REQUIRE RE-SENDING. ~ Per your request. For your information. For your file (no action required). OTHER INFORMATION/MESSAGE (IF APPLICABLE): Dear Sherie, Thank5 for being in _munk;ation with me .0 qulcl<ly. For your records, and for ovemll clafir"ation, Bryan Phegley Is tho head DevolO(lOf of the LargO poinle proiect and this is why we namod him as _nl. However, for communication purposes my laW Nm will sorves as the agent. In specific either George R. MoraitiS. Jr. or myself, Juan J. perez will be the direct contacts. Please contact me with any questions or concerns you may have- Tho info""ati"" _nodi. this _ilOilo """"0 is ~II"" add confidIIntlol infomlatio. i........ 0.1y lor tho - ofth IlIdIvIdual or ..Illy ..._ obovO. litho .....r of thlo ........ 10 not tho ,.ta.... ,,,,"plont you ore .....by nollOod !hot ad d1a..mi""*lo., d_bull" or _ of thl. COIIIIl1\lni......'........" prohl...... II you hove"""'""'" IbiS ........nl...... In _r, p1- notify uS by telephone and retUrn the original message to us at th~ve address via the U.S. Postal Servlce- Thank you. .JlORAITIS. COFAR & KARNE . ATTORNEYS AT LAW GALLERIA PROFESSIONAL BUILDING Suite 506 915 Middle River Drive Fort Lauderdale, FL 33304 Telephone (954) 563-4163 FAX (954) 563-5913 Senders E-Mail Address jperez@mcklaw.com GEORGE R. MORAITIS LAWRENCE J. CO FAR WILLIAM M, KARNEY GEORGE R. MORAITIS JR. February 24,2004 Eric Johnson City of Boynton Beach Department of Planning and Zoning 100 E. Boynton Beach Boulevard Boynton Beach, FL 33465 Re: Application for roadway abandonment- Largo Pointe Project Dear Mr. Johnson: Enclosed please find the 2 copies of the application to abandon/vacate a roadway easement in Boynton Beach, along with its necessary attachments. Be advised that we are only seeking to abandon the roadway, however the utility easement will remain in tact. Please review the documents and get back to me on this matter at your earliest convenience. I look forward to hearing your response and if you should have any questions or concerns, please do not hesitate to contact me. ver truly t .R rez JJP\ FE8 2 5 2004 cc: Brian Phegley- via fax- 954-565-8357 U;\Largo Pointe\Ietter for appIication.wpd City Codes Accessed Via Website www.bovnton-beach.oro www.amleoal.com/bovnton beach fI Has applicant attended a pre-application meeting? Yes , Date: 06/03/03 CITY OF BOYNTON BEACH r "-,.-~ . APPLICATION TO ABANDONIVACATE PLANNING & ZONING DIVISION FEB 2 5 2004 NOTE: This form 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: AGENT'S NAME: AGENT'S ADDRESS: AGENT'S PHONE: AGENT'S FAX: OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: OWNER'S PHONE: OWNER'S FAX: PROJECT LOCATION: OR PCN NUMBER CORRESPONDENCE ADDRESS:* (if different than agent or owner) Largo Pointe Bryan Phegley 2001 Intracoastal Drive Fort Lauderdale, Florida 33305 (954) 565-8295 (954) 565-8357 Phegley Corp., a Florida Corporation 2001 Intracoastal Drive Fort Lauderdale, Florida 33305 (954)-565-8295 (954) 565-8357 08-43-45-32-12-001-0000 (tract A-land upon which road easement is to be abandoned: (not legal description) George Moraitis, Jr. - Moraitis, Cofar, and Karney 915 Middle River Drive, Suite 506, Fort Lauderdale, FL 33304 . 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 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 ofthe 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): DEED .f DEDICATION PRESCRIPTION Recorded in PLAT Beach County, Florida. Book 40 , Page 102 , 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 Louis J. Appignani c/o LJA Properties Inc. 2240 Woolbright Rd. 300 Boynton Beach, FL 33426-6363 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, 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 current roadway easement is no longer necessary due to the new re-plat and construction of Largo Pointe, which wil create sufficient roadways and the like for ingress and egress as well as access to the current utility easement. DATED: t=~b,,^~'~. 2..<P0 i ADDRESS Bryan Phegley/ 2001 Intracoastal Drive, Ft. Lauderdale, FL 33305 STATE OF FLORIDA COUNTY OF PALM BEACH The above named a8[>licant(s) being first duly sworn by me the day and year above indicated, deposed and stated that _Al~_ ar~ the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same anCrthat the facts therein set forth are true and correct to the best of their knowledge. N My Commission Expires: Updated 10/15/01 "'-;;"~';U"" GEORGE R. MORAITIS, JR. f,,!'II.i;.~f: MY COMMISSION # DD 146375 ~.~.~g EXPIRES: September 2,2006 '1.~;;F"~" Bonded Thru Notary Public Underwriters ~"'III"\ "EXHIBIT A" The roadway easement sought to be vacated and/or abandoned is legally described as follows: Tract A, Christian Villas Subdivision Plat No.2, according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. The aforementioned area will continue to be an easement dedicated to the public as a utility easement. ....." @ BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach, FL 33415 Office: 561-439-9118 Fax: 561-964-3499 February 9, 2004 Juan J. Perez Moraitis, Cofar & Karney 915 Middle River Drive Suite 506 Fort Lauderdale, Florida 33304 Re: Abandonment of the Roadway easement by the City of Boynton Beach, for use by Largo Pointe Dear Mr. Perez: BellSouth has no objection to the abandonment of the above-mentioned Roadway Easement, as recorded as part of the Christian Villas Plat No.2, as recorded in Plat Book 40, Page 102 of the Public Record of Palm Beach County, Florida. Please contact my office if you require additional information concerning this matter. Sincerely, \2~ R~ Robert Lowen Project Manager-Right of Way Attachments FEB-09-2004 06:00 AM P.01 . FPL Florida Power &. light Company, 93~9 S. Military Trail, Boynton, FL 33436 February 8, 2004 Moraitis, Cofar & Karney Galleria Professional Building Suite 506 Fort Lauderdale, Florida 33304 Attn: Juan J. Perez RE: Abandonment of Roadway easement by the city of Boynton Beach, for use by Largo Pointe legally described as: Tract A, Christian Villas Subdivision Plat Np. 2, according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida The ParcellD # is: 06.43-45~32-12.001-0000 Dear Mr. Perez: FPL has no objection to the abandonment of the above referenced site contingent upon the following: 1, Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. 2. All easements where FPL facilities exist are not considered abandoned until said facilities are de. energized, relocated and/or removed. 3. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and lor property owner and lor requesting party. If you require any further information or assistance, please do not hesitate to contact me at (561) 742~ 2009. Sincerely I Enclosure An FPI Group company LOCATION: RX TIME 02/08 '04 17:55 A FLORIDA pualc UTI LIT I ES Juan J. Perez 915 Middle River Drive Suite 506 Ft. Lauderdale, PL 33304 P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 February 19,2004 RE: Largo Pointe Dear Mr. Perez: As per your request, we have reviewed the referenced project and have determined that Florida Public Utilities has no natural gas facilities within this area. Thank you for the opportunity to evaluate this project and if we feel that any new gas facilities may be incorporated into this project we will notify you and submit proposals to your attention. We would like to thank you for the opportunity to review this project. If you need any additional information or I can be of any further assistance, please contact me at 838-1782. ~~ ~ Frank Studenski Engineering Tech cc: C.C. Canino .4I..oua. ItEmaamu_ CAU.1MVIIH1Na 1-880-432-477. rn THE lAW IN....... 401 South Dixie Hwy..... West Palm Beach, Florida 33401 .... Phone: 561.832.2461 .... Web: www.fpuc.com 02/24/2004 09:16 FAX 5616403996 ADELPHIA CABLE [4J 001/001 EngineE~ring Department 1401 Northpoint Parkway West Palm Beach. Fl33047 February 24.2003 Juan J Perez Moraitis, Cofar & Karney 915 Middle River Dr. Suite 506 Ft. Lauderdale, FL. 33304 RE: Letter of Abandonment i.e. Abandonment of Roadway Easement by the city of Boynton Beach, for tl1 ~ use by Largo Pointe. Dear Mr. Perez: In reviewing your request on the above ref. project, Adelphia (WPB ).. .has no objecti( 1S in the abandonment of easement to the above description, as long as Adelphia facilities are granted the proper easement. We currently have Fiber Optic Cables running througl ! this location. Any and all cost resulting in the relocation or removal of Adelphia faciliti.:s due to said abandonment are paid by the customer and / or property owner and / or requesting party. Should you have any other questions, please feel free to call me at 1-561-656-8931 / Fz ~ Numb en, - 1-561-640-3996 / ewmail mike.westtCi),adelphia,com Sincerelv, )~ MIchael West Field Coordinator Adelphia. Engineering Group LOCATION:5616403996 RX TIME 02/24 '04 08:25 City Codes Accessed Via Website www,bovnton-beach.orQ www.amleqal.com/bovnton beach fI Has applicant attended a pre-application meeting? Yes , Date: 06/03/03 CITY OF BOYNTON BEACH APPLICATION TO ABANDONIVACATE PLANNING & ZONING DIVISION r . no 2 5 2004 I NOTE: This form must be filled out completely and accurately and must accompany all ~pplications submitted to Planning and Zoning (Two (2) copies of application are required.) PROJECT NAME: Largo Pointe AGENT'S NAME: Bryan Phegley AGENT'S ADDRESS: 2001 Intracoastal Drive Fort Lauderdale, Florida 33305 AGENT'S PHONE: (954) 565-8295 AGENT'S FAX: (954) 565-8357 OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: Phegley Corp., a Florida Corporation 2001 Intracoastal Drive Fort Lauderdale, Florida 33305 OWNER'S PHONE: (954)-565-8295 OWNER'S FAX: (954) 565-8357 PROJECT LOCATION: OR PCN NUMBER 08-43-45-32-12-001-0000 (tract A-land upon which road easement is to be abandoned: (not legal description) CORRESPONDENCE ADDRESS:* (if different than agent or owner) George Moraitis, Jr. - Moraitis, Cofar, and Karney 915 Middle River Drive, Suite 506, Fort Lauderdale, FL 33304 . 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 .f 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): .; DEED DEDICATION PRESCRIPTION Recorded in PLAT Beach County, Florida. Book 40 , Page 102 , 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 Louis J. Appignani c/o LJA Properties Inc. 2240 Woolbright Rd. 300 Boynton Beach, FL 33426-6363 7. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, 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 current roadway easement is no longer necessary due to the new re-plat and construction of Largo Pointe, which wil create sufficient roadways and the like for ingress and egress as well as access to the current utility easement. DATED: t=~b,,^"-1 ~, 2..~(b i ADDRESS Bryan Phegley/ 2001 Intracoastal Drive, Ft. Lauderdale, FL 33305 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 that _..hm_ ar~the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same and1hat the facts therein set forth are true and correct to the best of their knowledge. N My Commission Expires: Updated 10/15/01 .,,~':;.Y:rt"'.. GEORGE R. MORAITIS. JR. tj;J:;.~h" MY COMMISSION #,DD 146375 ~:.~..~"..f EXPIRES: September 2. 2006 "l,i'o;;:]f.;" Bonded Th,u Nolary PublIC UndelWr\lllfS ""111'" "EXHIBIT A" The roadway easement sought to be vacated and/or abandoned is legally described as follows: Tract A, Christian Villas Subdivision Plat No.2, according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. The aforementioned area will continue to be an easement dedicated to the public as a utility easement. @ BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach, FL 33415 Office: 561-439-9118 Fax: 561-964-3499 February 9, 2004 Juan J. Perez Moraitis, Cofar & Karney 915 Middle River Drive Suite 506 Fort Lauderdale, Florida 33304 Re: Abandonment of the Roadway easement by the City of Boynton Beach, for use by Largo Pointe Dear Mr. Perez: BellSouth has no objection to the abandonment of the above-mentioned Roadway Easement, as recorded as part of the Christian Villas Plat No.2, as recorded in Plat Book 40, Page 102 of the Public Record of Palm Beach County, Florida. Please contact my office if you require additional information concerning this matter. Sincerely, \2~ R~ Robert Lowen Project Manager-Right of Way Attachments F~B-09-2004 06:00 AM P.01 . F=PL Florida Power & Light Company, 9329 S. Military Trail, Boynton, FL 33436 February 8, 2004 Moraitis, Cofar & Karney Galleria Professional Building Suite 506 Fort Lauderdale, FloridB 33304 Attn: Juan J. Perez RE: Abandonment of Roadway easement by the city of Boynton Beach, for use by Largo Pointe legally described as: Tract A, Christian Villas Subdivision Plat Np. 2, according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida The ParcellD # is: 08-43-45-32-12-001-0000 Dear Mr. Perez: FPL has no objection to the abandonment of the above referenced site contingent upon the following: 1, Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. 2. All easements where FPL facilities exist are not considered abandoned until said facilities are de- energized, relocated and/or removed. 3, Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and lor property owner and lor requesting party. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009. Sincerely, Enclosure An FPI Group company LOCATION: RX TIME 02/08 '04 17:55 A FLORIDA PUBLIC UTILITIES Juan J. Perez 915 Middle River Drive Suite 506 Ft. Lauderdale, FL 33304 P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 February 19,2004 RE: Largo Pointe Dear Mr. Perez: As per your request, we have reviewed the referenced project and have determined that Florida Public Utilities has no natural gas facilities within this area. Thank you for the opportunity to evaluate this project and if we feel that any new gas facilities may be incorporated into this project we will notify you and submit proposals to your attention. We would like to thank you for the opportunity to review this project. If you need any additional information or I can be of any further assistance, please contact me at 838-1782. ~ Frank Studenski Engineering Tech cc: C.C. Canino l\IIIOVRS BEFORE YOU DIG CUI. SIJNSHINE 1-800-432-4770 IT'S Till' IoAW IN "LOam" ;1nl ~f""'\rtth nivjr> H"", .. Wnd P,..,lrn Pn,...,,...h Flr'v;rl-. 1'1;1()1 J,. P...._".,.! "1..1 P1') 011.4.1 #. \AI,..". "".",,~.....!!..... ,...,............ 02/24/2004 09:16 PAX 5616403996 ADELPHIA CABLE @ 00l/001 Engineering Dopartment 1401 NOlthpoint Parkway West Palm Beach, F133047 February 24, 2003 Juan J Perez Moraitis, Cofar & Karney 915 Middle River Dr, Suite 506 Ft. Lauderdale, FL. 33304 RE: Letter of Abandonment i.e. Abandonment of Roadway Easement by the city of Boynton Beach, for tll, ~ use by Largo Pointe. Dear Mr. Perez: In reviewing your request on the above ref. project, Adelphia ( WPB ).. .has no objectic 1S in the ab:mdonment of easement to the above description, as long as Adelphia facilities are granted the proper easement. We currently have Fiber Optic Cables running througJ i this location. Any and all cost resulting in the relocation or removal of Adelphia faciliti ,:s due to said abandonment are paid by the customer and / or property owner and / or requesting party. Should you have any other questions, please feel free to call me at 1-561-656-8931 / F~ ~ Number~, - 1-561-640-3996 I e-mail mike.west([u.adelphia.com Sincerely, )~1R.- MIchael West Field Co,ordinator Adelphia. Engineering Group LOCATION:5616403996 RX TIME 02/24 '04 08:25 MORAITIS. COFAR &, KARNEY ATTORNEYS AT LAW GALLERIA PROFESSIONAL BUILDING Suite 506 915 Middle River Drive Fort Lauderdale. FL 33304 Telephone (954) 563-4163 FAX (954) 563-5913 Senders E-Mail Address gmoraitis@mcklaw.com GEORGE R. MORAITIS LAWRENCE J, COFAR WILLIAM M. KARNEY GEORGE R. MORAITIS JR. February 3, 2004 City of Boynton Beach Planning and Zoning Division Department of Development Re: Opinion of Title for Plat of Largo Pointe; Phegley Corp., a Florida Corporation To whom it may concern: I am a member ofthe Florida Bar (Bar Number 0597058) and have examined the title to the property described in Exhibit "A." As of February 3, 2004, I have the following opinion of title based upon an examination of the public records of Palm Beach County Florida (all references are to the Official Records of Palm Beach County, Florida): 1. Fee Simple Owner: Phegley Corp., a Florida corporation (Official Records Book 15887, Page 406) 2. Mortgages Encumbering Property: None 3. Other Encumbrances: 1. Restrictions, dedications, easements set out on the Plat of Christian Villas Plat No.2, recorded in Plat Book 40, Page 102 and easements of similar nature to the easements set forth on said plat which are described at O.R. Book 2963, Page 3. 11. Reservations in favor ofthe Lake Worth Drainage District recorded in Deed Book 984, Page 477 lll. Matters contained in Declaration of Unity of Title, recorded in O.R. Book 8426, Page 477. IV. Terms, provisions, covenants, restrictions and easements, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extant that said covenant (a) is exempt under 42 USC 3607 or (b) relates to handicap, but does not discriminate against handicapped persons, contained in the Declarations of Covenants, Conditions and Restrictions for Cedarwood Villas, dated and recorded November 22, 1978 in O.R. Book 2963, Page I, as an1ended by Amendment to Declaration of Covenants, conditions ad restrictions for Cedarwood Villas, Phase II, dated June 10, 1980, recorded July 11, 1980 in O.R. Book 3324, Page 1495, by Amendment to Declaration of Covenants, Conditions and Restrictions for Cedarwood Villas, dated March 18, 1982, recorded March 24, 1982 in O.R. Book 3695, Page 1047 and by Third Amendment Declaration of Covenants, Conditions and Restrictions for Cedarwood Villas, dated April 10, 1997, recorded April 22, 1997 in O.R. Book 9757, Page 184. (applies to tract A only) Signed, ~iS'Jr. GRM\cm L:\GRM Jr\Opinion ofTitle-Largo Poinl.wpd LEGAL DESCRIPTION'ffOR ABANDONMENT TRAC. "A" BEING ALL OF TRACT "A" CHRISTIAN VILLAS PLAT NO.2, AS RECORDED IN PLAT BOOK 40, PAGE 102 OF TI-lE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SURVEYOR'S NOTES: 1) NOT VALID WITI-lOUT TI-lE SIGNATURE AND TI-lE ORIGINAL RAISED SEAL OF A FLORI DA LICENSED SURVEYOR AND MAPPER 2) TI-lIS DESCRIPTION AND SKETCH IS NOT A BOUNDARY SURVEY. 3) SEE SHEET2 FOR SKETCH TO ACCOMPANY TI-lIS DESCRIPTION, 4) BEARINGS SHOWN HEREON ARE BASED ON TI-lE NORTH LINE OF CHRISTIAN VILLAS, PLAT NO.2, AS RECORDED IN PLAT BOOK 40, PAGE 142 OF TI-lE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING NORTH 90.00'00" EAST (EAS1), AND ALL BEARINGS SHOWN HEREON ARE RELATIVE TI-lERETO. 5) TRACT"A" IS DEDICATED TO THE PUBLIC FOR ROAD AND UTILITY PURPOSES PER SAID CHRISTIAN VILLAS PLAT NO.2 AND WAS REPLATTED FROM A ROADWAY EASEMENT FROM THE TENTH SECTION PALM BEACH LEISUREVILLE PER PLAT BOOK 30, PAGES 129-141. CERTIFICATION: I HEREBY CERTIFY TI-lAT TI-lIS DESCRIPTION SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA, AS APPLICABLE TO LEGAL DESCRIPTIONS, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027 FLORIDA STATUTES. w. L. FI H & COMPANY, INC. NE RRY FISH PROFE 10 L SURVEYOR AND MAPPER FLORIDA STATE REG. NO. 3238 DESCRIPTION SKETCH FOR: W.L.FISH & CO MP ANY! ABANDONMENT OF TRACT "A", PROFESSIONAL SURVEYORS &: MAPPERS CHRISTIAN VILLAS PLAT NO 2 105 S, NARCISSUS AVE" SUITE 712 , WEST PALM BEACH, FLORIDA 33401 (561)833-5001 LB 6216 FAX: (561)659-6745 DRAWN: M,B,L, DATE: 02 02 04 SHEET E-mail: mappers@Wlfish,com CHECKED: W,L, FISH JOBH 2003-028 NO. 1 OF 2 13' 25' GRAPHIC SCALE I I C\l I I I 41 42 43 44 45 46 47 I 48 . 0 Z I I N ~O ~ ~..-- I WEST I I I I I I 0 HW 0 ~~ I"- 40.37' -t-t-t-t-+-+-: 0... lfJ.. ~o H'<;;j- I I I I I I co H~ N ~o lO :>0 I I I I I I lC) m" 24 23 22 21 20 19 18 170 0 ZI-O 0 ~ <( . I tHRIST~AN VltLAS P~AT N~. 2 I Z ~---1l!) ~o...l!) lfJ. """"" PLA T BOOK 40, PAGE 102 ~ - T - (lPROPOstD REPLJ;T OF [];RGO PSINTE) I - ~ ~ I I I I I I I I u I-- => 0 9 I 10 I 11 I 12 I 13 I 14 I 15 I 16 (/) I I I I I I I WEST - - - ---t- - - - - - - - - - - - - - - - - - - - - _ __ S.W. 19TH AVE. (60' RIGHT-OF-WAY) DESCRIPTION SKETCH FOR: W.L.FISH & CO MP ANY~. ABANDONMENT OF TRACT "A", PROFESSIONAL SURVEYORS & MAPPERS CHRISTIAN VILLAS PLAT NO 2 105 S, NARCISSUS AVE" SUITE 712 , WEST PALM BEACH, FLORIDA 33401 (561)833-5001 LB 6216 FAX: (561)659-6745 DRAWN: M.B,L, DATE: 02 02 04 SHEET [-mail: mappers@Wlfish.com CHECKED: W.L. FISH JOB# 2003-028 NO. 2 OF 2 MORAITIS. COFAR & KARNEY ATTORNEYS AT LAW GALLERIA PROFESSIONAL BUILDING Suite 506 915 Middle River Drive Fort lauderdale. Fl 33304 Telephone (954) 563-4163 FAX (954) 563-5913 Senders E-Mail Address gmoraitis@mcklaw.com GEORGE R. MORAITIS lAWRENCE J. COFAR WilLIAM M. KARNEY GEORGE R. MORAITIS JR. February 3, 2004 City of Boynton Beach Planning and Zoning Division Department of Development Re: Opinion of Title for Plat of Largo Pointe; Phegley Corp., a Florida Corporation To whom it may concern: I am a member ofthe Florida Bar (Bar Number 0597058) and have examined the title to the property described in Exhibit "A." As of February 3, 2004, I have the following opinion of title based upon an examination of the public records of Palm Beach County Florida (all references are to the Official Records of Palm Beach County, Florida): 1. Fee Simple Owner: Phegley Corp., a Florida corporation (Official Records Book 15887, Page 406) 2. Mortgages Encumbering Property: None 3. Other Encumbrances: 1. Restrictions, dedications, easements set out on the Plat of Christian Villas Plat No.2, recorded in Plat Book 40, Page 102 and easements of similar nature to the easements set forth on said plat which are described at O.R. Book 2963, Page 3. 11. Reservations in favor of the Lake Worth Drainage District recorded in Deed Book 984, Page 477 111. Matters contained in Declaration of Unity of Title, recorded in O.R. Book 8426, Page 477. IV. Terms, provisions, covenants, restrictions and easements, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extant that said covenant (a) is exempt under 42 USC 3607 or (b) relates to handicap, but does not discriminate against handicapped persons, contained in the Declarations of Covenants, Conditions and Restrictions for Cedarwood Villas, dated and recorded November 22, 1978 in O.R. Book 2963, Page 1, as amended by Amendment to Declaration of Covenants, conditions ad restrictions for Cedarwood Villas, Phase II, dated June 10, 1980, recorded July 11, 1980 in O.R. Book 3324, Page 1495, by Amendment to Declaration of Covenants, Conditions and Restrictions for Cedarwood Villas, dated March 18, 1982, recorded March 24, 1982 in O.R. Book 3695, Page 1047 and by Third Amendment Declaration of Covenants, Conditions and Restrictions for Cedarwood Villas, dated April 10, 1997, recorded April 22, 1997 in O.R. Book 9757, Page 184. (applies to tract A only) Signed, ~ ~: / oraitis, IT. GRM\cm L:\GRM Jr\Opinion of Title-Largo Point.wpd