CORRESPONDENCE
11/18/2005 11:24 FAX 7727949368
KIMLEY-HORN
I4J 001/016
~-r-.
~ _ ~m_'"
Kimley-Horn
and Associates, Inc.
.
Suite 400
601 21" Street
Vero Beach, Florida
32960
.
772 562 7981 PHONE
772 562 9689 FAX
FACSIMILE TRANSMITTAL
H CLift bl Cl.
FimllLocation: C'/y 0 r BOY":...t~~_jc [\ Job No.:
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To:
Fax No.:
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047502 00 r
Subject:
L-~~eJv
From: Jim Vitter. P.E.
Date:
~
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I (J S
I
, (/'I'/OS
Original coming by mail: Yes:
No:
If you have any problems. please call 772/562-798] and ask for
Total number of pages, including cover sheet: I b
E-mail address:jim.vitter@kimley-hom.com
Comments: ITs reo CL es; feel
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This facsimile is intellded only for the addressee named hereill alld may contain information that is confldentr'al. if YOll are llOt
the intended recipie//I or Ihe employee or age//t resfJo//sihle fbr delivel)' 10 the addressee, .'-011 are hereby //o/~fied t!lat an.\'
review, disseminatioll. disclosure. or copying of Ihis cOIH//lIl11icalion is Slrict~v prohibited. ~(you have received fhis facsimile ill
error, please immediateZv 1I0tify us by telephone. alld refum the original facsimile to us at the cddress above via the Us. Postal
Service. Thank you.
K:\KHAFlLES\TEMPLATE.WORD6'.FAX.DOC
11/18/2005 11:24 FAX 772794P368
KIMLEY-HORN
~ 002/016
GODBOLD, DOWNING, SHEAHAN & BILL
JI. PROFE!iSrONAL ~o\SSOCIA.TtON
ATTOfuVEYS AI LAW
GENE H. GODBOLD
GRANT T. OOWNING
MICHAEL .J. SHEAHAN
JOHN HOWELL BIt.L
JANET M. LOWER
JOHN P. JUNOD
CHRISTOPHER w. HAYE:S
222 WEST COMSTOCK AVENUE
SUiTE 101
WINTER PARK, FLORIDA 32789
TeLEPHONE: 140?} 647..0;..418
fACSIM ILE (407) 64].2089
lawoffice@gdsbI4w.com
August 31, 2005
City of Boynton B~ach
Planning & Zoning Division
Re: Abandonment of that potion of Alden Street as per legal description
prepared by Kimley-Home and Associates, Inc. attached hereto as
Exhibit "A" and by reference incorporated herein
Gentlemen:
In regard to the above-captioned matter, our firm renders the following opinion:
1. The Property surrounding that portion of Alden Street to be abandoned, namely Lots
11,13,14 and 15, Central Park, as recorded in Plat Book 11,Page l2,Public Records of Palm Beach
County, Florida, is ovvned by Las Ventanas at Boynton Beach, Ltd., a Flor~da limited partnership.
2. That portion of Alden Street to be abandoned is a dedicated and platted right~of-way
in Palm Beach County, Florida.
OUf opinion is based upon First American Title Insurance Company Certificate of Title No.
2037-432571 through and including August 15,2005 @ 8:00 a.m.
Sincerely yours,
GODBOLD, DOWNING, SHEAHAN & BILL, P.A,
By:
F:\USERS\I\Opinion\Opinion Boynton Beach.wpd
11/18/2005 11:24 FAX 7727949368
KIMLEY-HORN
~ 003/016
City Codes Accessed Via Website
www.bovnton-beach,orQ
www.amle<lal.comlbovnton beach fI
Has applicant attended a pre.appllcatlon meeting? Yes . Date: 05{10{05
CITY OF BOYNTON BEACH
APPLICAT'ON TO ABANDONNACATE
PLANNING & ZONING DIVISION
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)
Gulfstream Lumber
Klmley-Hom and Assodates, Inc. Attn: James G. Vltter
601 21st Street, Suite 400
Vero Beach, FL 32960
(n2) 562-7981
(772) 562-9689
Las Ventanas at Boynton Beach. Ltd.
359 Carolina Avenue
Winter park, Florida 32789
407-644-9055
407-644-9845
08434528000005100
(nQ! legal description)
NA
· This is the address to which all agendas, letters and other materials will be forwarded.
11/18/2005 11:25 FAX 772794~368
KIMLEY-HORN
IgJ 004/016
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):
I
) 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 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 May 4, 1925
Beach County, Florida.
Book 12
I Page 12
, 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).
11/18/2005 11:25 FAX 7727949368
KIMLEY-HORN
141 005/016
NAME
ADDRESS
Las Ventanas at Boynton Beach, Ltd.
359 Carolina Avenue
Winter Park, FL 32789
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 subject right of way to be vacated Is bound on three (3) sides by the proposed re-development of the Gutfstream
lumber Company site, and will no longer be utilized for access or utilities.
DATED:
APPLlCANT(S) NAME (PLEASE SIGN)
ADDRESS
Kyle Rlva, Vice President
Las Ventanas at Boynton Beach, Ltd.
359 carolina Avenue
Winter Park, FL 32789
STATE OF FLORIDA
COUNTY OF ORANGE
The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated
that - he _ are/is the applicant(s} in the foregOing Application to AbandonNacate; that they have read the
same and that the facts therein set forth are true and correct to the best of their knowledge.
NOTARY PUBLIC, State of Florida
My Commission Expires:
Updated 10/15/01
11/18/2005 11:26 FAX 7727949368
KIMLEY-HORN
~ 006/016
UTILITY COMPANIES
BellSouth Telephone Company
Mr. Larry Mayernik
2021 S. Military Trail, 1st Floor, Eng.
West Palm Beach, FL 33401
Phone: (561) 439-9118
Fax: (561)
Florida Power & Light Company
9329 S. Military Trail
Delray Beach, FL 33436
Phone: (561) 742-2001
Fax: (561) 742-2016
Florida Public Utilities/Flo-Gas Corp.
Mr. DavidE. Pellico, Engineer
401 South Dixie Highway
West Palm Beach, FL 33401
Phone: (561) 838-1752
Fax: (561) 833-0151
Comcast Cab1evision of W.P.B., Inc.
Mr. Dominique Aumais, Construction Coordinator
1401 Northpoint Parkway
West Palm Beach, FL 33407
Phone: (561) 478-5866 ext. 340
Fax: (561) 686-9499
Adelphia Cable Communications
Ms. Jeanine McEnroe
3020 High Ridge Road
Boynton Beach, FL 33426
Phone: (561) 588-5553/265-3551
Fax: (561) 588-3381
Updated 03/23/01
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11/18/2005 11:27 FAX 7727949368
KIMLEY-HORN
~ 009/016
GYS#l2104.00012
This Instrument prepared by:
Cynthia C. Spall, Esq.
Gunster, Yoakley & Stewart, P.A.
Phillips Point, Suite 500
777 South Flagler Drive
West Palm Beach, Florida 33401
Tax. I.D. No(s).:
08-43-45-28~OO-OOO-5090
08-43-45-28-00-000-5100
08-43-45-28-01-000-0060
08~43-45-28-01-000-0 121
08-43-45-28-01-000-0130
08-43-45-28-01-000-0140
08-43-45-28-01-000-0150
08-43-45-28-01-000-0160
08-43-45~28-0 1-000-0 170
08-43-45-28-01-000-0190
08-43-45-28-01-000-0200
08-43-45-28-01-000-0240
08-43-45-28-01-000-0260
08-43-45-28-01 -000-0270
08-43-45-28-01-000-0290
WARRANTY DEED
THIS WARRANTY DEED made this n day of LJ. AfI,. ....\0 , 200S by GULF STREAM
LUMBER COMPANY, A FLORIDA CORPO~ AlK/A GULF STREAM
LUMBER COMPANY, INC., AlK/A GULF STREAM LUMBER CO., NKJA
GULFSTREAM LUMBER CO., INC., AlK/A GULFSTREAM LUMBER CO.
(hereinafter called "Grantor"), whose mailing address is 1481 West 15t11 Street, Riviera
Beach, FL 33419 and EP~BOYNTON, INC., A FLORIDA CORPORATION,
(hereinafter called "Grantee"), whose address is 359 Carolina A venue, Winter Park,
FL 32789.
(Whenever used herein the tenus "Grantor" and Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations)
WITNESSETH:
The Grantor, for and in consideration oftbe sum ofTEN DOLLARS ($10.00) and
other good and valuable consideration to said Grantor in hand paid by said Grantee, the
receipt and sufficiency whereof is hereby acknowledged, grants, bargains and sells to
Grantee, their legal representatives, successors and assigns forever, that certain real
property, situate in Palm Beach County, Florida as more particularly described as
follows:
SEE EXHIBIT "A" ATIACHED HERETO AND MADE A PART
HEREOF.
WPB 844412.2
11/18/2005 11:27 FAX 7727949368
KIMLEY-HORN
SUBJECT TO taxes and assessments for the year 2005 and all subsequent
years; all applicable governmental, zoning and land use ordinances,
restrictions, and prohibitions and other requirements imposed by
governmental authority; and easements of record.
GRANTOR does hereby covenant with Grantee that, at the time of delivery of
this Deed, the Property was free from all encumbrances made by Grantor, and that
Grantor does hereby fully warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused this Warranty Deed to be
executed on the day and year first above written.
Signed, Sealed and Delivered:
In the Presence of:
GULF STREAM LUMBER COMPANY, A
FLORIDA CORPORATION, NKJA GULF
STREAM LUMBER COMPANY, INC.,
A/KIA GULF STREAM LUMBER CO.,
A/KJ A LFSTREAM LUMBER CO., INC.,
AlKJA U FSTREAM ERCO.
By:
Its:
STATE OF FLORIDA
)
)ss.
)
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of (J f In ( '_/'If-,
2005, by Dennis Vlassis, President of GULF COAST LUMBER COMP A~f
the corporation. The above-named individual is [0personally known to mc or LJ has
pmduced " ide1;'ion. ~:J ~- '_,
l Gta.V?A Q~ ~LO'1;<J
Notary Public In.
Print Name: tAV\-6, ,,\.e.,-WR ,- n'\ l\. ~ pS
State of Florida
My Commissioll No:
My Commission expires:
(Notary Seal)
-4~I~~~';t Antoinette Phillip!!
~:f i.; Commission # 00300426
~1iF~i Expires March 23. 2008
.".... 8ondedTra,FIin.IIIsurwo,.... 80041$.701.
WPB 844412.2
I4J 010/016
11/18/2005 11:28 FAX 772794936R
KIMLEY-HORN
Exhibit "A"
Parcel 1 :
A tract of land in Section 28. Township 45 South. Range 43 East, Palm Beach County,
Florida, more particularly described as follows, to-wit: Beginning at a point in the South
line of said Section 28 (being on Woolbright Road), said point being 229.50 feet
Westerly from, measured along the South line of said Section 28. the Westerly line of
U.S. Highway No.1; thence Northerly at an angle with the preceding course of 89043'
30". measured from East to North. a distance of 165.0 feet; thence Easterly parallel to
the South line of said Section 28, a distance of 41.03 feet; thence Northerly at an angle
with the preceding course of 900 16' 50" measured from West to North, a distance of
221.13 feet; thence Westerly parallel to the South line of Central Park. a Subdivision of
Boynton Beach. plat of which is recorded in Plat Book 12, Page 12, Public Records of
Palm Beach County, Florida, a distance of 100 feet; thence Northerly at an angle with
the preceding course of 89055' 30M. measured from East to North, a distance of 264.0
feet. more or less, to the South line of said Central Park; thence Westerly along the
South line of said Central Park, a distance of 490.26 feet, more or less, to the Easterly
Right of Way of the Florida East Coast Railway Right of Way; thence Southerly along the
Easterly Right of Way line of the Florida East Coast Railway, a distance of 660.80 feet.
more or less, to the South line of said Section 28; thence Easterly along the South line of
said Section 28, a distance of 643.40 feet, more or less, to the Point of Beginning.
Parcel 2:
The West 100 feet of the South 68 feet of that certain tract of land described as follows:
Commencing at the center of the County Rock Road (now Federal Highway) on the
North line of the South Y:. of the Southeast ~ of the Southeast ~ of Section 28,
Township 45 South, Range 43 East, Palm Beach County, Florida; thence West 331.5
feet to a stake; thence South 264 feet to a stake; thence East 328.5 feet to the center of
the County Rock Road (now Federal Highway); thence North along center of the County
Rock Road (now Federal Highway) to the Point of Beginning.
Parcel 3:
A parcel of land in the Southeast ~ of Section 28, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows: Beginning at the
intersection of the South line of said Section 28, and Westerly Right of Way of U.S.
Highway #1 as laid out and in use: thence Northerly along said West Right of Way line, a
distance of 165.05 feet to a concrete monument marking the Southeast corner of the
tract of land to be herein conveyed; thence continuing along said West Right of Way line
a distance of 289.81 feet more or less to a point which is 196 feet South of. measured at
right angles, to the South line of Central Park, a subdivision recorded in Plat Book 12,
Page 12. Public Records of Palm Beach County, Florida; thence Westerly and parallel
with the said South line of Central Park, a distance of 196.74 feet; thence Southerly at
an angle of 900 04' 30n measured from East to South, a distance of 289.13 feet, more or
less, to a point which is 165 feet North of the South line of said Section 28: thence
Easterly and parallel with said South line of Section 28, a distance of 191.47 feet, more
or less, to the Point of Beginning.
WPB 8444\2.2
III 011/016
11/18/2005 11:28 FAX 7727949368
KIMLEY-HORN
Parcel 4:
Commencing at the center of County Rock Road (now Federal Highway) on the North
line of the South % of the Southeast ~ of the Southeast ~ of Section 28, Township 45
South, Range 43 East, Palm Beach County, Florida, which point is 347 feet West of the
East line of said Section 28; thence West 331.5 feet to a stake; thence South 264 feet to
a stake; thence East 328.5 feet to the center of County Rock Road (now Federal
Highway); thence North along center of the County Rock Road (now Federal Highway)
to the Point of Beginning. LESS the South 68 feet thereof.
Parcel 5:
Commencing at the Dixie Highway at the crossing of the South Section line of Section
28 and running North along the County Road 165 feet; thence West 265.5 feet; thence
South 165 feet; thence East 262.5 feet to the Point of Beginning (LESS South 30 feet
thereof as conveyed in Deed recorded in Deed Book 1037, Page 673) all being in
Section 28. Township 45 South, Range 43 East, Palm Beach County, Florida.
LESS and NOT including:
The Right of Way for State Road 5 (U.S. Highway No.1) as shown in Road Plat Book 3,
Page 11, Public Records of Palm Beach County, Florida, and the Right of Way for
Woolbright Road (S.E. 15th Avenue) as shown in Road Plat Book 5, Page 121, Public
Records of Palm Beach County, Florida.
Parcel 6:
Lot 6, less the existing Right of Way for U.S. Highway No.1, and the East 50 feet of Lot
13, CENTRAL PARK, according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
Parcel 7:
Lot 12, less the East 50 feet thereof, and Lot 13, less the East 50 feet thereof,
CENTRAL PARK, according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
LESS and EXCEPT the following:
Commencing at the Northwest corner of said Lot 12; thence running East on the North
line of Lot 12, 105 feet to a point; thence running South at right angles, 5 feet; thence
running Westerly parallel to the North line of said Lot 12 to the West line of Lot 12;
thence Northerly on the West line of Lot 12 to the Point of Beginning,
Parcel 8:
Lots 14 through 29, Inclusive, CENTRAL PARK, according to the map or plat thereof as
recorded in Plat Book 12, Page 12, Public Records of Palm Beach County, Florida.
T~ether with that portion of S.E. 2nd Street (formerly Ronald Street) lying south of S.E.
12 Avenue (formerly Central Blvd.), and abandoned in Resolution No. 02-214 recorded
in Official Records Book 15721, Page 820, Public Records of Palm Beach County,
Florida.
WPB 844412.2
I4J 012/016
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141 013/016
This Instrument was Prepared by
and Should be Returned to:
Gene H. Godbold
GODBOLD, DOWNING, SHEAHAN & BILL, P.A.
222 West Comstock Avenue, Suite 101
Winter Park, Florida 32789
--------------------~-----------------ISPACE ABOVE THIS LTNE FOR RECORDING DA TAJ----------------------------------
WARRANTY DEED
THIS W ARRANTYDEED is made and entered into as ofthid / day of August, 2005,
by EP-BOYNTON, INC., a Florida corporation. having its principal place of business at 359
Carolina Avenue, Winter Park, Florida 32789 (hereinafter called the "Grantor"), to LAS
VENTANAS AT BOYNTON BEACH, LTD., a Florida limited partnership, whose post office
address is 359 Carolina Avenue, Winter Park, Florida 32789 (hereinafter called the "Grantee").
WITNESSETH:
The Grantor, for and in consideration of the sum ofTen and No/lOO Dollars ($1O.00) and
other valuable considerations, receipt whereofis hereby acknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm unto the Grantee, aU that certain land situate
in Palm Beach County, Florida (the "Property"), described as follows:
See Exhibit "A" attached hereto and incorporated herein by reference
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HA VE AND TO HOLD, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said
land, and hereby warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 2004, easements, covenants and restrictions of record.
11/18/2005 11:29 FAX 7727949368
KIMLEY-HORN
I4J 014/016
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name, by its officer thereunto duly authorized, tbe day and year first above written.
Signed, sealed and delivered
in the presence of:
EP-BOYNTON, INC., a Florida corporation
Print Name: ~
HUJ<:III
~.
Name: ICy l.c O. '";<~A
Title: v/(..c~ Ae..-s,i}c-wr-
~~ r,/V~ ML.~
Print Name: TlnGt MCAllister
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was ac.lmowledged before me thi~ day of August, 2005, by
k~ D.RtY'ZJ- , Vice President ofEP~Boynton, Inc., a Florida corporation, who is
[ personally known to me or [ ] produced as
identification.
Notary Stamp
fa ~
- ;;)
Notary Public
Commission Expires:
I<RISTY HORAN
i MY COMMISSION I DO 143916
EXPIRES; August 21,2006
floImo n.u NlllOry Pubic~.
Kristy' Horan
F:\USERS\lldecdSIEpoch EP Boynton. wpd.wpd
2
11/18/2005 11:30 FAX 7727949368
KIMLEY-HORN
Exhibit "A"
ParceJ1: ,
A tract of land in Section 28, Township 45 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows, to-wit: 6eginning at a point In the South
line of said Section 28 (being on Woolbright Road), said point being 229.50 feet
Westerly from, measured along the South line of said Section 28, the Westerly line of
U,S. Highway No.1; thence Northerly at an angle with the preceding course of 890 43'
30", measured from East to North, a distance of 165.0 feet; thence Easterly parallel to
the South line of said Section 28, a distance of 41.03 feet; thence Northerly at an angle
with the preceding course of 90.16' 50" measured from West to North, a distance of
221.13 feet; thence Westerly parallel to the South line of Central Park, a Subdivision of
Boynton Beach, plat of which is recorded in Plat Book 12, Page 12, Public Records of
Palm Beach County, Florida, a distance of 100 feet; thence Northerly at an angle with
the preceding course of 89.55' 30", measured from East to North, a distance of 264.0
feet, more. or less, to the South line of said Central Park; thence Westerly along the
South line of said Central Park, a distance of 490.26 feet, more or less, to the Easterly
Right of Way of the Florida East Coast Railway Right of Way; thence Southerly along the
Easterly Right of Way line of the Florida East Coast Railway, a distance of 660.80 feet,
more or less, to the South .line of said Section 28; thence Easterly along the South line of
said Section 28, a distance of 643.40 feet, more or less, to the Point of Beginning.
Parcel 2:
The West 100 feet of the South 68 feet of that certain tract of land described as follows:
Commencing at the center of the County Rock Road (now Federal Highway) on the
North line of the South ~ of the Southeast Y. of the Southeast y.; of Section 28,
Township 45 South. Range 43 East, Palm Beach County, Florida; thence West 331.5
feet to a stake; thence South 264 feet to a stake; thence East 328.5 feet to the center of
the County Rock Road (now Federal Highway); thence North along center of the County
Rock Road (now Federal Highway) to the Point of Beginning.
Parcel 3;
A parcel of land in the Southeast X of Section 28, Township 45 South, Range 43 East.
Palm Beach County, Florida, more particularly described as follows: Beginning at the
intersection of the South line of said Section 28. and Westerly Right of Way of U.S.
Highway #1 as laid out and in use; thence Northerly along said West Right of Way line, a
distance of 165.05 feet to a concrete monument marking the Southeast corner of the
tract of land to be herein conveyed; thence continuing along said West Right of Way line
a distance of 289.81 feet more or less to a point which Is 196 feet South of, measured at
right angles, to the South line of Central Park, a subdivision recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida; thence Westerly and parallel
with the said South line of Central Park, a distance of 196.74 feet; thence Southerly at
an angle of 900 04' 30" measured from East to South, a distance of 289.13 feet. more or
fess, to a point which. is 165 feet North of the South line' of said Section 28; thence
Easterly and parallel with said South line of Section 28, a distance of 191.47 feet, more
or ie55, to the Point of Beginning.
WPB 844412.2
141 015/016
11/18/2005 11:30 FAX 772794936R
KIMLEY-HORN
Parcel 4:
Commencing at the center of County Rock Road (now Federal Highway) on the North
line of the South % of the Southeast % of the Southeast X of Section 28, Township 45
South, Range 43 East, Palm Beach County, Florida, which point is 347 feet West of the
East line of said Section 28; thence West 331.5 feet to a stake; thence South 264 feet to
a stake; thence East 328.5 feet to the center of County Rock Road (now Federal
Highway); thence North along center of the County Rock Road (now Federal Highway)
to the Point of Beginning. LESS the South 68 feet thereof.
Parcel 5:
Commencing at the Dixie Highway at the crossing of the South Section line of Secti<;m
28 and running North along the County Road 165 feet; thence West 265.5 feet; thence
South 165 feet; thence East 262.5 feet to the Point of Beginning (LESS South 30 feet
thereof as conveyed In Deed recorded in Deed Book 1037, Page 673) all being In
Section 28, Township 45 South, Range 43 East, Palm Beach County, Florida.
LESS and NOT including:
The Right of Way for State Road 5 (U.S. Highway No.1) as shown In Road Plat Book 3,
Page ii, Public Records of Palm Beach County, Florida, and the Right of Way for
Woolbright Road (S.E. 15th Avenue) as shown In Road Plat Book 5, Page 121, Public
Records of Palm Beach County, Florida.
Parcel 6:
Lot 6, less the existing Right of Way for U.S. Highway No.1, and the East 50 feet of Lot
13, CENTRAL PARK, according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
Parcel 7:
Lot 12, less the East 50 feet thereof, and Lot 13, less the East 50 feet thereof,
CENTRAL PARK, according to the map or plat thereof as recorded In Plat Book 12,
Page 12. Public Records of Palm Beach County, Florida.
LESS and EXCEPT the following:
Commencing at the Northwest corner of said Lot 12; thE;lnce running East on the North
line of Lot 12, 1.05 feet to a point; thence running South :at right angles,S feet; thence
running Westerly parallel to the North line of said Lot 12 to the West line of Lot 12;
thence Northerly on the West line of Lot 12 to the Point of Beginning.
Parcel 8:
Lots 14 through 29, inclusive, CENTRAL PARK, according to the mcp or plat thereof as
recorded In Plat Book 12, Page 12, Public Records of P.alm Beach County, Florida.
Together with that portion of S,E. 2nd Street (Ronald Street) lying south of S.E. 12th
Avenue (Central Blvd.). .
WPB 844412.2
I4J 016/016
09/.1)2/2005 14: 19 FAX 7727949368
KIMLEY-HORN
141 001/016
~-1nI
~_r_~
Kimley-Horn
and Associates, Inc.
.
Suite 400
601 21" StTl:ct
Vero Beach. Florida
32%0
.
772 5(,2 7981 PHONE
772 562 9689 FAX
FACSIMILE TRANSMITTAL
To:
Ht:\..vt bl Ct...
S ./ ( _. 7' t? - I Z L 01
Fax No.: _ p '1 L b :;)
FimllLocation: {(ly of' .~01I1t.fv"'1 tcc, .lob No.: 047502 00 I
G k{ f~ f(e.~ __._L~0e~v
Subject:
From: Jim Vitter, P.E.
Date:
9/1/05
/
Original coming by mail: Yes:
No:
If you have any problems, please call 772/562-7981 and ask for
Total number of pages, including cover sheet:
16
E-mail address:jim.vitter@kimley-hom.com
Comments: Ifs reo C<. e 5: f ecf I _ __pJeJJ--> e....
5' .e.. -e
4
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This facsimile is intended ollly for the addressee lIamed herein alld may cOlltaill i,!{ormatioll that is confidelltial. !fYOIl arc not
the inrellded recipienT or The emplnyee or agel/t respollsible for dcli,'eIT to The addressee. Y'JlI are hereb.l' not(fierl thm am'
review. disseminatioll. disclosure, or cop}'illg of this COl/lIllllllicalion is strictly prohibited. !(yoII have receil'ed this({lcsimile ill
error, please immediate~v I/otify us by Telephone. al/(! relllm the original facsimile to liS at the address above l'ia the US Postal
Service. Thank YOll,
K:\KHAFILFS.TEMPLA TE\WORD6'.F A.'\.DOC
09/02/2005 14:19 FAX 7727949368
KIMLEY-HORN
141 002/016
GODBOLD, DOWNING, SHEAHAN & BILL
A. PROF:f:SHION^I.. ASSOCIATION
AITOfuVEYS AT LAW
GENE H. GODBOtO
QRANT 1. DOWNING
MICHAEL J. SHEAHAN
JOHN HOWELL BltL
222 WEST COMSTOCK AVENUE
SUITE 101
WINTER PARK, F'LORIDA 32789
TIf.L..€PHONE t~07) &47-4418
rACSIMILE (407) 647.2:089
!tlwolf~9dsblaw.com
JAN~T M. LOt"VER
JOHN P. JUNOD
CHRISTOPHER W. HAYES
August 31, 2005
City of Boynton Beach
Planning & Zoning Division
Re: Abandonment of that potion of Alden Street as per legal description
prepared by Kimley-Horne and Associates, Inc. attached hereto as
Exhibit "A" and by reference incorporated herein
Gentlemen:
In regard to the above-captioned matter, our fim1 rcnders the following opinion:
1. The Property surrounding that portion of Alden Street to be abandoned, namely Lots
12, 13, 14 and 15, Central Park, as recorded in Plat Book 12, Page 12, Public Records of Palm Beach
County, Florida, is owned by Las Ventanas at Boynton Beach, Ltd., a Florida limited partnership.
2. That portion of Alden Street to be abandoned is a dedicated and platted right-of-way
in Palm Beach County, Florida.
Our opinion is based upon First American Title Insurance Company Certificate of Title No.
2037-432571 through and including August 15,2005 @ 8:00 a.m.
Sincerely yours,
GODBOLD, DOWNING, SHEAHAN & BILL, P.A.
F:\USERS\ I IOpinionlOpinion Boynlon Beach. wpd
09/02/2005 14:20 FAX 7727949368
KIMLEY-HORN
141 003/016
City Codes Accessed Via Website
www.bovnton-beach.ora
www.amleaal.com/bovnton beach fI
Has applicant attended a pre-application meeting? Yes , Date: 05/10/05
CITY OF BOYNTON BEACH
APPLICATION TO ABANDONNACATE
PLANN'NG & ZONING DIVISION
NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to
Planning and Zoning awo (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)
Gulfstream Lumber
Klmley-Hom and Associates, Inc. Attn: James G. Vltter
601 21st Street, Suite 400
Vero Beach, FL 32960
(772) 562-7981
(772) 562-9689
Las Ventanas at Boynton Beach, Ltd.
359 Carolina Avenue
Winter Park, Florida 32789
407-644-9055
407-644-9845
08434528000005100
(nQ1legal description)
NA
· This is the address to which all agendas. letters and other materials will be forwarded.
09/02/2005 14:20 FAX 7727949368
KIMLEY-HORN
I4J 004/016
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 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
..f ) DEDICATION
) PRESCRIPTION
Recorded in May 4, 1925
Beach County, Florida.
Book 12
, Page 12
, 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),
09/02/2005 14:21 FAX 7727949368
KIMLEY-HORN
141 005/016
NAME
ADDRESS
Las Ventanas at Boynton Beach, Ltd.
359 Carolina Avenue
Winter Park, FL 32789
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 subject right of way to be vacated Is bound on three (3) sides by the proposed re-development of the Gulfstream
Lumber Company site, and will no longer be utlllzed for access or utilities.
DATED:
APPLlCANT{S) NAME (PLEASE SIGN)
ADDRESS
Las Ventanas at Boynton Beach, Ltd.
Kyle Rlva, Vice President
359 carolina Avenue
Winter Park, FL 32789
STATE OF FLORIDA
COUNTY OF ORANGE
The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and staled
that _ he _ arelis the applicant(s) in the foregoing Application to AbandonNacate; that they have read the
same and that the facts therein set forth are true and correct to the best of their knowledge.
NOTARY PUBLIC, State of Florida
My Commission Expires:
Updated 10/15/01
09/02/2005 14:21 FAX 7727949368
KIMLEY-HORN
~006/016
UTILITY COMPANIES
BellSouth Telephone Company
Mr. Larry Mayernik
.2021 S. Military Trail, l"t Floor, Eng.
West Palm Beach, FL 33401
Phone: (561) 439-9118
Fax; (561)
Florida Power & Light Company
9329 S. Military Trail
Delray Beach, FL 33436
Phone: (561) 742-2001
Fax; (561) 742-2016
Florida Public Utilities/FIo-Gas Corp.
Mr. David E. Pellico, Engineer
401 South Dixie Highway
West Palm Beach, FL 33401
Phone; (561) 838-1752
Fax: (561) 833-0151
Comcast Cablevision o~ W.P.B., Inc.
Mr. Dominique Aumais, Construction Coordinator
1401 Northpoint Parkway
West Palm Beach, FL 33407
Phone: (561) 478-5866 ext. 340
Fax: (561) 686-9499
Adelphia Cable Communications
Ms. Jeanine McEnroe
3020 High Ridge Road
Boynton Beach, FL 33426
Phone; (561) 588-5553/265-3551
Fax: (561) 588-3381
Updated 03/23/01
09/02/2005 14:21 FAX 7727949368
KIMLEY-HORN
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III 007/016
09/02/2005 14:22 FAX 7727949368
KIMLEY-HORN
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BOYHTON BeACH .'''.. 11 i:ll if
PALM BeACH COIMY. R.ORI:lA I"'~":'. !!I
-
iii 008/016
09/02/2005 14:22 FAX 7727949368
KIMLEY-HORN
GYS#12104.00012
This Instrument prepared by:
Cynthia C. Spall, Esq.
Gunster, Yoakley & Stewart, P.A.
Phillips Point, Suite 500
777 South Flagler Drive
West Palm Beach, Florida 33401
Tax I.D. No(s).:
08-43-45-28-00-000-5090
08-43-45-28-00-000-5100
08-43-45-28-01-000-0060
08-43-45-28-01-000-0121
08-43-45-28-01-000-0130
08-43-45-28-01-000-0140
08-43-45-28-01-000-0150
08-43-45-28-01-000-0160
08-43-45-28-01-000-0170
08-43-45-28-01-000~O 190
08-43-45-28-01-000-0200
08-43~45-28-0 1-000-0240
08-43-45-28-01-000-0260
08-43-45-28-01-000-0270
08-43-45-28-0 1-000-0290
WARRANTY DEED
THIS WARRANTY DEED made this 2..'1 day of tJlAfll. c,.~ , 2005 by GULF STREAM
LUMBER COMPANY, A FLORIDA CORPO~ AlI<JA GULF STREAM
LUMBER COMPANY, INC., AlI<JA GULF STREAM LUMBER CO., AlKlA
GULFSTREAM LUMBER CO., INC., A/KIA GULFSTREAM LUMBER CO.
(hereinafter called "Grantor"), whose mailing address is 1481 West 151h Street, Riviera
Beach, FL 33419 and EP-BOYNTON, INC., A FLORIDA CORPORATION,
(hereinafter called "Grantee"), whose address is 359 Carolina A venue, Winter Park,
FL 32789.
(Whenever used herein the tenns "Grantor" and Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations)
WITNESSETH:
The Grantor, for and in consideration of the sum ofTEN DOLLARS ($10.00) and
other good and valuable consideration to said Grantor in hand paid by said Grantee, the
receipt and sufficiency whereof is hereby acknowledged, grants, bargains and sells to
Grantee, their legal representatives, successors and assigns forever, that certain real
property, situate in Palm Beach County, Florida as more particularly described as
follows:
SEE EXHIBIT "A" AITACHED HERETO AND MADE A PART
HEREOF.
WPB 844412.2
~ 009/016
09/02/2005 14:23 FAX 7727949368
KIMLEY-HORN
SUBJECT TO taxes and assessments for the year 2005 and all subsequent
years; all applicable governmental, zoning and land use ordinances,
restrictions, and prohibitions and other requirements imposed by
governmental authority; and easements of record.
GRANTOR does hereby covenant with Grantee that, at the time of delivery of
this Deed, the Property was free from all encumbrances made by Grantor, and that
Grantor does hereby fully warrant the title to said land and "vill defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS 'WHEREOF, the Grantor has caused this Warranty Deed to be
executed on the day and year first above written.
Signed, Sealed and Delivered:
In the Presence of:
GULF STREAM LUMBER COMPANY, A
FLORIDA CORPORATION, AlKJA GULF
STREAM LUMBER COMPANY, INC.,
A/K/A GULF STREAM LUMBER CO.,
A/KlA FSTREAM LUMBER CO., LNC.,
A/KIA U FSTREAM ERCO.
By: Dennis Vlassis
Its: President
STATE OF FLORIDA
)
)5S.
)
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this@.9.. day of () f ff1 ULl+,
2005, by Dennis Vlassis, President of GULF COAST LUMBER COMP A~f
the corporation. The above-named individual is ~ personally known to me or [.-:I has
produced _'_ as idit~}eation,.~ __ . '--.
LhL'to.~~~ futL'--I1x::)
Notary Public . ' .fF>.., \
Print Name: ~~ V\ i-t.~~ "l.e.,~ \- 1\\ t II ~
State of Florida
My Commission No:
My Commission expires:
(Notary Seal)
"~~il:~"~~::- Antoinette Phmip~
I ~i i;~ Commission # 00300426
~.:%Ql' .:..: Expires March 23. 2008
-"..,.' IIandIcIT""FIIn-InJ4aIlCo.w:. 111104".'10110
WPB 844412.2
141 010/016
09/02/2005 14:23 FAX 7727949368
KIMLEY-HORN
Exhibit "A"
Parcel 1 :
A tract of land in Section 28, Township 45 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows, to-wit: Beginning at a point in the South
line of said Section 28 (being on Woolbright Road), said point being 229.50 feet
Westerly from, measured along the South line of said Section 28, the Westerly line of
U.S. Highway No.1; thence Northerly at an angle with the preceding course of 890 43'
30", measured from East to North, a distance of 165.0 feet; thence Easterly parallel to
the South line of said Section 28, a distance of 41.03 feet; thence Northerly at an angle
with the preceding course of 900 16' 50" measured from West to North, a distance of
221.13 feet; thence Westerly parallel to the South line of Central Park, a Subdivision of
Boynton Beach, plat of which is recorded in Plat Book 12, Page 12, Public Records of
Palm Beach County, Florida, a distance of 100 feet; thence Northerly at an angle with
the preceding course of 89055' 30", measured from East to North, a distance of 264.0
feet, more or less, to the South line of said Central Park; thence Westerly along the
South line of said Central Park, a distance of 490.26 feet. more or less, to the Easterly
Right of Way of the Florida East Coast Railway Right of Way; thence Southerly along the
Easterly Right of Way line of the Florida East Coast Railway, a distance of 660.80 feet,
more or less, to the South line of said Section 28; thence Easterly along the South line of
said Section 28, a distance of 643.40 feet, more or less, to the Point of Beginning.
Parcel 2:
The West 100 feet of the South 68 feet of that certain tract of land described as follows:
Commencing at the center of the County Rock Road (now Federal Highway) on the
North line of the South % of the Southeast Y. of the Southeast Y. of Section 28,
Township 45 South, Range 43 East, Palm Beach County, Florida; thence West 331.5
feet to a stake; thence South 264 feet to a stake; thence East 328.5 feet to the center of
the County Rock Road (now Federal Highway); thence North along center of the County
Rock Road (now Federal Highway) to the Point of Beginning.
Parcel 3:
A parcel of land in the Southeast Y4 of Section 28, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows: Beginning at the
intersection of the South line of said Section 28, and Westerly Right of Way of U.S.
Highway #1 as laid out and in use: thence Northerly along said West Right of Way line, a
distance of 165.05 feet to a concrete monument marking the Southeast corner of the
tract of land to be herein conveyed; thence continuing along said West Right of Way line
a distance of 289.81 feet more or less to a point which is 196 feet South of, measured at
right angles, to the South line of Central Park. a subdivision recorderi in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida; thence Westerly and parallel
with the said South line of Central Park, a distance of 196.74 feet; thence Southerly at
an angle of 900 04' 30" measured from East to South, a distance of 289.13 feet, more or
less, to a point which is 165 feet North of the South line of said Section 28; thence
Easterly and parallel with said South line of Section 28, a distance of 191.47 feet, more
or less, to the Point of Beginning.
WPB 344412.2
~ 011/016
09/02/2005 14:24 FAX 7727949368
KIMLEY-HORN
Parcel 4:
Commencing at the center of County Rock Road (now Federal Highway) on the North
line of the South % of the Southeast Y-t of the Southeast Y-t of Section 28, Township 45
South, Range 43 East, Palm Beach County, Florida, which point is 347 feet West of the
East line of said Section 28; thence West 331.5 feet to a stake; thence South 264 feet to
a stake; thence East 328.5 feet to the center of County Rock Road (now Federal
Highway); thence North along center of the County Rock Road (now Federal Highway)
to the Point of Beginning. LESS the South 68 feet thereof.
Parcel 5:
Commencing at the Dixie Highway at the crossing of the South Section line of Section
28 and running North along the County Road 165 feet; thence West 265.5 feet; thence
South 165 feet; thence East 262.5 feet to the Point of Beginning (LESS South 30 feet
thereof as conveyed in Deed recorded in Deed Book 1037, Page 673) all being in
Section 28, Township 45 South, Range 43 East, Palm Beach County, Florida.
LESS and NOT including:
The Right of Way for State Road 5 (U.S. Highway No.1) as shown in Road Plat Book 3,
Page 11, Public Records of Palm Beach County. Florida, and the Right of Way for
Woolbright Road (S.E. 15th Avenue) as shown in Road Plat Book 5, Page 121, Public
Records of Palm Beach County, Florida.
Parcel 6;
Lot 6, less the existing Right of Way for U.S. Highway No.1, and the East 50 feet of lot
13. CENTRAL PARK, according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
Parcel 7:
lot 12, less the East 50 feet thereof, and Lot 13, less the East 50 feet thereof,
CENTRAL PARK, according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
LESS and EXCEPT the following:
Commencing at the Northwest corner of said Lot 12; thence running East on the North
line of Lot 12, 105 feet to a point; thence running South at right angles, 5 feet; thence
running Westerly parallel to the North line of said Lot 12 to the West line of lot 12;
thence Northerly on the West line of Lot 12 to the Point of Beginning.
Parcel 8:
lots 14 through 29, inclusive, CENTRAL PARK, according to the map or plat thereof as
recorded in Plat Book 12, Page 12, Public Records of Palm Beach County, Florida.
To~ether with that portion of S.E. 2nd Street (formerly Ronald Street) lying south of S.E.
121 Avenue (formerly Central Blvd.), and abandoned in Resolution No. 02-214 recorded
in Official Records Book 15721, Page 820, Public Records of Palm Beach County,
Florida.
WPB 844412,2
141 012/016
09/02/2005 14:24 FAX 7727949368
KIMLEY-HORN
~ 013/016
This lnstrument was Prepared by
and Should be Returned to:
Gene H. Godbold
GODBOLD, DOWNING, SHEAHAN & BILL, P.A,
222 West Comstock Avenue, Suite 101
Winter Park, Florida 32789
---------------------------------------{Sl'ACE ABOVE THIS LINE FOR RECORDING DA TAJ----------------------------------
WARRANTY DEED
THIS WARRANTY DEED is made and entered into as ofthi&...5' / day of August, 2005,
by EP-BOYNTON, INC., a Florida corporation, having its principal place of business at 359
Carolina Avenue, Winter Park, Florida 32789 (hereinafter called the "Grantor"), to LAS
VENTANAS AT BOYNTON BEACH, LTD., a Florida limited partnership, whose post office
address is 359 Carolina Avenue, Winter Park, Florida 32789 (hereinafter called the "Grantee").
WIT N E SSE T H:
The Grantor, for and in consideration of the sum ofTen and No/l 00 Dollars ($10.00) and
other valuable considerations, receipt whereof is hereby aCknowledged, by these presents does grant,
bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate
in Palm Beach County, Florida (the "Property"), described as follows:
See Exhibit "A" attached hereto and incorporated herein by reference
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said
land, and hereby warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 2004, easements, covenants and restrictions of record.
09/02/2005 14:25 FAX 7727949368
KIMLEY-HORN
~ 014/016
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name, by its officer thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered
in the presence of:
EP-BOYNTON, INC., a Florida Corporation
~.
Print Name: n Hurcill
~~
Print Name:
Me o..ll. ~bA,
Tma. N\. C Atlisftr
~.
Name: I<:''(L~ O. ~k..A
Title: vl(..tr Az..-s..i)c-wr-
STATE OF FLORlDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me thi~ day of August, 2005, by
k~ O~rZ , Vice President of EP-Boynton, Inc., a Florida corporation, who is
[ personally known to me or [ J produced as
identification.
Notary Stamp
JU~
Notary Publ~
Commission Expires:
KRISTYHORAN
MY COMMISSION' DO 143916
EXPIRES: Augus121, 2006
~n.uNoloryPubrcllncfo-.
Kristy' Horan
F;\USERS\I\dceds\Epoch EP Boynton. wpd.wpd
2
09/02/2005 14:25 FAX 7727949368
KIMLEY-HORN
Exhibit "A"
Parcel 1 :
A tract of land in Section 28, Township 45 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows, to-wit: Beginning at a point in the South
line of said Section 28 (being on Woolbright Road), said point being 229.50 feet
Westerly from, measured along the South line of said Section 28, the Westerly line of
U.S. Highway No.1; thence Northerly at an angle with tf:1e preceding course of 89043'
30", measured from East to North, a distance of 165.0 feet; thence Easterly parallel to
the South line of said Section 28, a distance of 41.03 feet; thence Northerly at an angle
with the preceding course of 90016' 50" measured from West to North, a distance of
221.13 feet; thence Westerly parallel to the South line of Central Park, a Subdivision of
Boynton Beach, plat of which is recorded in Plat Book 12, Page 12, Public Records of
Palm Beach County, Florida, a distance of 100 feet; thence Northerly at an angle with
the preceding course of 89055' 30", measured from East to North, a distance of 264.0
feet, more. or less, to the South line of said Central Park; thence Westerly along the
South line of said Central Park, a distance of 490.26 feet, more or less, to the Easterly
Right of Way of the Florida East Coast Rai/way Right of Way; thence Southerly along the
Easterly Right of Way line of the Florida East Coast Railway, a distance of 660.80 feet,
more or less, to the South.line of said Section 28; thence Easterly along the South line of
said Section 28, a distance of 643.40 feet, more or less, to the Point of Beginning.
Parcel 2:
The West 100 feet of the South 68 feet of that certain tract of land described as follows:
Commencing at the center of the County Rock Road (now Federal Highway) on the
North line of the South % of the Southeast Y. of the Southeast JI,; of Section 28,
Township 45 SoultJ, Range 43 East, Palm Beach County, Florida; thence West 331.5
feet to a stake; thence South 264 feet to a stake; thence East 328.5 feet to the center of
the County Rock Road (now Federal Highway); thence North along center of the County
Rock Road (now Federal Highway) to the Point of Beginning,
Parcel 3:
A parcel of land in the Southeast y. of Section 26, Township 45 South, Range 43 East,
Palm Beach County, Florida, more particularly described as follows: Beginning at the
intersection of the South line of said Section 28, and Westerly Right of Way of U.S.
Highway #1 as laid out and in use; thence Northerly along said West Right of Way line, a
distance of 165.05 feet to a concrete monument marking the Southeast corner of the
tract of land to be herein conveyed; thence continuing along said West Right of Way line
a distance of 289.81 feet more or less to a point which Is 196 feet South of, measured at
right angles, to the South line of Central Park, a subdivision recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida; thence Westerly and parallel
with the said South line of Central Park, a distance of 196.74 feet; thence Southerly at
an angle of 900 04' 30" measured from East to South, a, distance of 239.13 feet, more or
less, to a point which is 165 feet North of the South line of said Section 28; thence
Easterly and parallel with said South line of Section 28, a distance of 191.47 feet, more
or iess, to the Point of Beginning.
WPB 844412.2
~ 015/016
09/02/2005 14:26 FAX 7727949368
KIMLEY-HORN
Parcel 4;
Commencing at the center of County Rock Road (now Federal Highway) on the North
line of the South Y:z of the Southeast y,. of the Southeast % of Section 28, Township 45
South, Range 43 East, Palm Beach County, Florida, which point is 347 feet West of the
East line of said Section 28; thence West 331.5 feet to a stake; thence South 264 feet to
a stake; thence Ea~t 328.5 feet to the center of County Rock Road (now Federal
Highway); thence North along center of the County Rock Road (now Federal Highway)
to the Point of Beginning. LESS the South 68 feet thereof.
Parcel 5:
Commencing at the Dixie Highway at the crossing of the South Section line of Secti<:>n
28 and running North along the County Road 165 feet; thence West 265.5 feet; thence
South 165 feet; thence East 262.5 feet to the Point of Beginning (LESS South 30 feet
thereof as conveyed in Deed recorded in Deed Book 1037, Page 673) all being in
Section 28, Township 45 South. Range 43 East, Palm Beach County, Florida.
LESS and NOT including:
The Right of Way for State Road 5 (U.S. Highway No.1) as shown in Road Plat Book 3,
Page 11, Public Records of Palm Beach County, Florida, and the Right otWay for .
Woolbright Road (S.E. 15th Avenue) as shown In Road Plat Book 5, Page 121, Public
Records of Palm Beach County, Florida.
Parcel 6:
Lot 6, less the existing Right of Way for U,S. Highway No.1, and the East 50 feet of Lot
13, CENTRAL PARK, according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
Parcel 7:
Lot 12, less the East 50 feet thereof, and Lot 13, less the East 50 feet thereof,
CENTRAL PARK. according to the map or plat thereof as recorded in Plat Book 12,
Page 12, Public Records of Palm Beach County, Florida.
LESS and EXCEPT the following:
Commencing at the Northwest corner of said Lot 12; th~nce running East on the North
line of Lot 12, 105 feet to a point; thence running South at right angles, 5 feet; thence
running Westerly parailel to the North line of said Lot 12 to the West line of Lot 12;
thence Northerly on the West Hne of Lot 12 to the Point of Beginning. .
Parcel 8:
Lots 14 through 29, inclusive, CENTRAL PARK, according to the map or plat thereof as
recorded in Plat Book 12, Page 12, Public Records of P,alm Beach County, Florida.
Together with that portion of S.E. 2nd Street (Ronald Street) lying south of S.E. 12th
Avenue (Central Blvd.). '
WPB 844412.2
iii 016/016
TRANSMISSION VERIFICATION REPORT
TIME
NAME
FAX
TE!..
SER.#
09/02/2005 14:16
PLANNING
5617426259
BROL3J876851
DATE,TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
09/02 14:16
93679992
00:00:00
00
BUSY
STANDARD
BUSY: BUSY/NO RESPONSE