Loading...
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.: G k(f'rfre.~ To: Fax No.: )b { - 7t.f L - b Z 5' 9 047502 00 r Subject: L-~~eJv From: Jim Vitter. P.E. Date: ~ / 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 J p (f!.-o..$ e..- I 5' .e.. -e.. 4 I u1A... ~\ O. f; (-( e fw CPt'rI) A-IJeAA Sf. 12 /7 /;(.,1 eth~ 0Vl~ . o l - tv 4..'-1 h 6-<:. JiM 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 9TO/800 IZt ~i J! Iii f f ~! I "i w I') ~ o z cr: v) Ll') v ~ I- as N (j W U) P!iiQ -j iJllj i ~j ~ sMtr ~~t- .1' h ~ :!.i; !!~~ H!& ~ 3il'iihi!U ~~ ~~~~~ ~5t!~~ ~Q.~I-~ F~i1ll's::2 ~B<,.:!!!. ~e'" <8~~Q ~ll!lt ~ i m~~~l'; ~~~~~ l!;Q.oi!' -i..:: t~~~ ~~ ~~:5~ C:'": 2il!i~~~~ ~~~i~~ ~Q.el2:rUl lL l!5 .U": llIu"'~l:> ljF"''''lD!l:l ~~~~~5 ;r;~ilfil:l:l ~o~ tn .0 f5ili",~~~ u _ 0..; ~~~~ i2.o pt:;.~dlj ~l5 !:Ill. IllZ ;;!~~~~~ ... Z :J 41 ~ 5 ~ ~ t:l I- 5 ~ ~ ~ t"=l a: lL f.:l ~ ~~g,j;!~ n.",i!=OCll. ~ il!z ~g ~o 1=< ~1ll .~ ;!:ll. ....... 00 oJ ~~ ffi~ "'.... ~g ....lD "'it ~~ 5~ "'< ...<l. ifN ....- <g tlm !~ O:z 0:- ~~ ~~-< ~~e e",5 m<1t ~~~ <~ ~cl~ ~I=~ ~~:: t5<i'E ::J r.: 25 wJ:lz F...'" z ~~~ iij-w lII~lIl ~~t;; 15",1i lL~Ql e-'" ~~l!i ~ '" ~ z "" Z ~ ~ ~ffi l.. !!: ~a. o Z ili "'~ I- 0 ~...::2 :!:t;izao ~ll'l~~g:~ <b ~j!: s:'" <z x~ ~~ ~o ~-< !:I!b (l~ ~r;l 0_ .. - -... ~~ () )-Q. oJ "'..: ~~ ~t:i ....~ iE... 0"""; zoo <.... ~a ""w i3u o~ ~~ a< ~ti <~ ....'" ;rn lie cl;! o ~~ Fa 5w z5 ')- ~~ iE~ ~~ ~o ~< ... . ~~ ~Fi ~ ~8 ~ ~a,:: ~ ",wlll a13~ W~N lQ;ir ~I=~ <~~ 15<15 C)~z i~~ ~~~ liIlCim ~;~ ~!!3~ iil~f:t I-O::b e< o.~iE OSCl <<:z. Cfl:J::::! VCIl:lO'l:I 'lltr1cX:l H:lYaS 1'0\'.1 H::WaB NCWGQ8 GlYI.IBEIW11IWilWB aiVoO NOU)fOV^ I.VM dO .IHDIlI (8$()dOI,/d :HI. dO NClI1.IYOIEKI "'Mliln ~ ~ ~~ <( n.r: :;is ~8 U ~o ::J \5~ N ~::& ,... ::i~ '" W j!:o. ~ ~ 5~ lL "'Ul ~ N ~~ < '" <.> S 8 is!\! % m !5g ~ ~ ~~ ~ CON if! 0 l/l-": LtJ ~ ~ ;:~~ ~ ~ ~ ~n.. >- ~ 1l1.< ~~~ :i .J UlQ "'illil" " ~ <~ ~l:S~ i ~ ~tt f5:;!:: ~ IS n.~ ....:s;< Cl ~z >>lQ.,~ U1 ~ ~8 ~~l:! ~ L.J Z c-C: 15 /Ii tiiS ~lalZl < 0<1: li1aUJ ~ t-~ 15uz w !!! 15 m...:J '" ...3 ...11::0 ... ~ l:!a": SS~~ ~ ~ b ~ ~ ~ ll! .... Z ~ < m I!: i? It! ~ CIJ ~~ t-1 )- ~ >= ~~ ~:r U !!;!<I: <S. . zc or ug ~;., aO \:s ." ~cl3 ~~N I-~e ~l!il" z~~ ~..:iE o .5 o8Ul ~I.L.~ 3::.,~ ~::w m..,m wNt;; ;!:~~ <:>Ul.., ~ii!~ liI~;! I- '" I %<l5 ~~p= 05" <..:;2; Ill:!::::! a <I: ,.: III < ... I- G 2 8 ;., l" 01 IXl i!' IX o Z ~ '" 0:: Z a ~ e.:: ~ ;;j~ a~ ~~ ",I- ;!::~ Cl~ ~~. <i!'" ~15 ffitJ ~~ 01- z!<! e ~< z " w'" ~~ w Z :J >~ ~~ 15<l. < ~~ <<I- .e~ -< "'01 ",Ill! ~;;:; <~ ~ "~ tl~ ait; Fa NHOH-X3'1J1lDI vl III '" ~ 0: n. ~ G g Il:: Ib II:: Cl z ii1: 5 ~ g '" 5 z w w III ~ ... I- 13.:: 0:8 )on. oJ ~<I: ~I:? wI- 41 w~ j!:.., 0"""; z... <(- ~15 ati o~ ~~ l5-c uti ~~ ~:;; z ,,41 l59 ...< <0 ~:c 0:'" ~15 ::>41 gs .)- ~~ ~t5 ,:0 ~15 1;;0 l:l ~< ~ ~~ ii: ~~ e a:;; ~ u- 0 ... % ~o,:: < O::"llll a~i1i ~<'b O:;iP ~f!:~ -<~~ ...<::> o 0 I-"Ul ~I"!Cl ztr~ a~~ ll:!!i5lJl ......1- F\!s~ ~!g~ iil~~ I-~b ~~i!: 05" ~~~ l~!,," ~.!!.. .~ lj-ll.;tit::!.!:'" 2-~~~"~~ li.a Ii i" ll'" ..:Il.. ~ ... :5... ll~ 6 'tli~~"li.. 1ili~~.l!!lf -l~"'-.tz'! -i - Ii Ii.. J Ii ... ~"'~.a ; Ii .slatS'<< ~E'h~o~~ .e.~:s1~tl;1i li.. "'p.el",,, 1~.:!""Q~s..j ""I .g-:s- ~eEld.l!i .!' 1i4~".... "hl-tiU1 Q ...... .. :Sli J":5. ,,"'Il:- " - ll~ Ii.. ~~ ~ ~...j~..r~.l!.l! Ut<>,J. 0 it ~! d~~ u )0 ~ ~ a 0" ii~ b~ ~e < ~m "'" lie'! ;i~ ~~ ffitl j;z ::>~ g- o tI< ZtJ' ~5 fR w ~ III ~~ ~~ 3'" 15~ ",!Ie ;;~ oz ~< l:!~ ~! ;;;0 ~~ ~~ ~~ ;;~ !Eli! ti ~~ ... II )i'" !!i !': ... i5 '< 1! ~l!s III ,. ., ~ ::f "i a: ~ l:l U)C) 1-% 3iz :J% )-5 ffi~ F~ =>1- ~~ ...n. ~w ",iE lSo ~I- f-'@ Ill... ~g gg itlb ~tl iE~ ~~ u< Z -~ ~~ lD l:fb ~~ j;&: 30 t:;~. '" ...'" ~6 <E ~~ ~~ "'0'" ::I~ "'F ~~l!i ~;;!;!; ~o~ zl"-U :;(1-'" I-OF 8::b Uliil~ ll'l liE al:if;l ~~~ 03j:5 ~...~ 53", ffi:E< OlliCfl !:I!wz lil~~ <."i!2 w...!ii :J:"":1oJ I-CO: 89t6t6L~LL YVd 9~:TT SOO~/8T/TT ~i J4 HJf I I J~.e ~ ~! f i fl. I ~ w tI) """ <3 z a::: vi ll') '<t ~ / I- / as / N <J ( W l- V) 0_ - -i I I I ~Lg~ <( ~ii !j ~~! ~~f r.:~~ hdJ.l!1 YCJl101=I'.!JWlOO WO'r.IS W"lY.l HOYi18 N01N.I08 GN/.. ~ WY:alWl.mo NOU.~"'^ "VIAJO JH:lAI <SIIOdOI;W au. zOO H::WDB ~-4~ ($; 'ON a~ 1~1:1303::1) 01:1 3lV'lS ).'v'M _ _ _ t. 0 N J. 'V MHO I H ~ ~.'nH r--- _ _ I- o~ _J Z L :3 ~ 'rI d )f~'rId lV~lN3~ I- gr-- I- ga) I- gO'l .t:. 1331:1J.S N30,\f - ~ 1-6~ -i.... WI C/) I I r-- I 9TO/ LOO IZI ba) -i .... I- at') -i . Z I I- 0- -i- - - I- OV ..J I- 01/') ..J 1- OeD -i H./J/QN -- - ~ (f) (!> Vl z 1E Cl -< W z m -< \5 -' III Vi Cl -< lD W ;:: l- e I- m 0 < it> -i I") en a. CO 11 z :;) -.t o _ ~..- L<..O Vl< ::l "'II) *~ :J .no - i -~ - ~ tti ffi . z C) O::-.t n.; 8.... .1- WO bll) b-.t lIl-i --l - ..J - I- 0'" -1- >l 0 0 8 1 V 1 d l- ON -i- 5.., ..J - ZL 3~Vd 'Zl >l008 IVld )f~Vd lV'~lN3:) l- am ..J- 1-0 gN 133C1J.S I- 0- -IN I-N gN 1-.., 3C\l --- OlV'NOl:J NHOH-X3'1liDI [E.. . 15 ~ ... . I I ~ 2 oJ o ~....._ rn 0 U g ~ ~ E2 i!!j.c ~ ~] ~ 0 _ C} · e . . <om 0 -.t l-..~ N ,!fl ..IN- '0 - WIO" Cleol"l I') r ;., en ....'" .... 3t ::= .... w (!>: - . z<'>l"" ill 0 Ii:: ,!fl - ~ <~~ N .... l.o.J. . 0, !'"l m-!:: iii iii Zz wClmm t') a) -ict:r--v r-- lD 0 . . .,f ,.; <J:IOC\l t--O"I') - m ~~Nr-- r-- I/') ct:wVN 0 I/') :;) ~ . . r' c.>ZlDlO r.: <1")- v I- CIla)a) a) a) :;) - - "'; c..-__ <l")lD ;;; Iii 0::""'" N '" F!:",,- ,." N ~...~ - N zlCi'" ~ ~ ~r--r') .... m ~ o::....N I') "" ::>c.>o 0 0 c..> w;:: CIl ~ e . Cl ~~~ 0:: 1'1' Z <1")'" w' !'"l < [Dm(J) COco ..J ZVl ILl -' Cl m ~ w wifmN I- Z~lDO I- ::J~:;;g < ..J ..J a. z ~-'" :;) ::J...J..J 89t6t6L~LL XVd 9~:TT SOOZ/8T/TT 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 11/18/2005 11:29 FAX 7727949368 KIMLEY-HORN 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 r ; P-I t UV\.. o~F ft' (-( e hv 4/J0tA ~f. R. ('; ['1.-/ b~ ~~ OVLc:dJ o l - t.J 4.-'1 /-0 ...-.- .J i ~tA 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 r--- RONALD STREET I r c r r- --l N ~Z Z -- - - - - - -- - - rTJ "U I r. r NO )> O-t r U> ~ r., r -t P z Z Nr ",r Nr 0 i>> Q -I VlO ",0 -,0 N 10 J"! rTJ -t -I -i ~ ,.., ~r I 0 100 ID -I r I lTl C E N T R A l P ARK VI Z r co allD )> BOO ~ P AGE 1 Z lD ~,., P L A T 1 2 , vl VI)> Z ~r Ol VIA) CDO 0 oz 0 -t 10 C!.C> VI . I ::E r>i ..or _ r _r UlO CIJ rVl -",,0 VlO -f I 0"" -t -t -' r m -to 'oJ 0 ~ ...0 "tl -t -/>00' ::00 .... 0 Z' 0 - - I\) 0 0 n oC JTlto ~ ~ --- - -/>0 (,.I N ...AJ ;Q" ;;ii ALDEN STREET -:r - - -P!J' !: 10 .... r -./>. )> VI 'oJ"" 1'0", .j>. ~ !'> OlZ VIOl < i-l ~ :"Q r )> Yr; .--- -o~1 N '" -/>oJ"! N m - -\1 r D z N N '" N::O C ~ (,.I ~ VI)> -t -' ~Q I rn ... :.. ... -c CD CO co CD(/) f I -t ID~ """ 'oJ <..4)> 0 C :oJ 0 ?l c:nZ (}1 N . Q C z VI 'oJ 'oJ ./>.JTI ::0 c:n NZ ~ "U \0 -l U ~r -, ~r , <..40 ",0 -0 10 'oJ 0 -t Ol -t I ... <..4 )> )> 0 -t -t ~ !"- N (}1:J: ID (1)5 ~ . 0 10 I 'oJ ... "-lAJ r -t ~ c:n <..4 10 100 ,.., -I -f ~ ZZ rTJ ID ~ )> (0 -oJ -' OJ <:> III ~ ~ 6i t5 fTl (/) , )> -..10 0 0 -- (Ii A) r 0 -l q No ~ Z "'l C E N T R A L PAR K I Q )> ,., ,., ::e-:e ~ I Z )> P L A T BOO K 1 2 . P A G E 1 Z 0 ::0 ) ... '" '" VI Z ~ U t.J CIl 0 Q ul ", ~ , r ,... - 3 -oJ I\.l. r- o>o VlO -1>-0 r- , , vi N -t -I -f -t <..40 ","0 -0 VJ -I>- 0 (0 0 )> -t -t -l r<1 . . . . f' / N - - .?' -,--- / U.S_ HIGHWAY --l - - ~ HIGHWAY STAT~O. 1 (FEDERAL - Q -l>- - ~o ';t1 ROAD NO. (J1 ~.; > 5) 'tI YJ ~ a ~ ::r: -. G=f>lF=v- n :;0 NO/f3'H Z go-! en 0 -~ n .. lS ~ -l>- t';l VI r<1 []!-;B !l. t N Il. 8KETQi Qf' THE I'flClPOlIEO RICIiT OF WAYYACAllON ~~nf:! ; [tiff. ~ 'rEi Jl',!8 51 ~I J. fl/ll..::Ie it '1".. !l.- I~ If Il' j~ I till if !~ "'" O\U' 8TPeAM L\JMEleR Y /I1'D 8O'tNTQN BEACH PAU! I!E!AQ1 COUNTl. R.Ol'IVA III 007/016 09/02/2005 14:22 FAX 7727949368 KIMLEY-HORN ~e~ i!!:;! c:;! 2~~ Silx 2J:UI 9x c~ ~J:Ul !il~ -.j;olfl "'>1Il ~m~~~~ Ill",,,, ~~ z", ~~ >~ VIm "~~ >> !:;~6 ~Iflg ~"'> !"z ",So "S6 ;;!z "S6 ~~ -1g >f! :J!~'" :i!ti." ,.g :J!z.." IOc; 5~i 5>'" %~ ~1Ili!l gs:ffl~~~ ::I~~ l;\- o>~ -c. o>~ ~- 9~ "Q -c. ~~~ III ~!g CUI ~>:z: Cz o~;L~-I 2", ~~ "'",-0 ~g "";0'" o~ !!l~ ",'" ~~ ...~~ 0.., ~!2-"'!2f;l cn$l)c ;;!<= co>w ->w ..,:;;; ~~1Il m"'m I3g >!l:&l :<<2 zx f"9!!! o~ :'-9!!! ~x ox m"'m o>Z" ;;U Z ~!;;l lilfiiti "c=z ~z ~2z ~:::% ",_x tll ;!!o?1 "'Sl~ >'" ...... "'Ill" 0.0> g~ ..,,,, "':u 1I1;Q <Dill", Ini!l zD>'" l;; ~ 0 ~!z 0"'10 Ql/l ~~ flllil:i! ~!< ~~~ "'Ill q!< E~~ ~~ 2g'" liig ~6 ~-c '"';:l:i! !d~~oo:J! ... 0 ix co" -0",'" c> "'",'" ~5 ",'" Oje z"'''' - z", r ~j;l;g C~ m"'W 6~ ",,,,,,, -<;!! 1Il~1Il ~S1 O~D3' 8~"'~:i!g g", ",en ~-", "'2 ",z ~>~ :gg m a!:l~ "'''' ",0> :...'" -'" ?;j:...g li\o P' O"'"Q @ (;) co ?:i"'z z:i! _CDZ 0-1 "'z ~> ~2o~--O~ !IS' I<l ~l$l "':i! %9~ z...z >0 i:l;;:! z"Tt~ Zx -,g~ --1 )> l!lli B'" " % "'... ~R~ !:I'" ,,"'% "'", -'z- "'8!l/l!;0 -< X~VI '" ~> ".., "'''' ~~ t:i:a~ "':i! ~ 0......" r -I> Ul. ~~ d~ z'"' c; !l!"'l ,.. zf::1i . . g,.!il "'", ~>lil l6~lil "0'" OZ _.,,~o (1)0 :;:li'i oi"l ~o c;>!il .::t-< " ~... >l/l ~~"tI> ;Q em ~~~ ...111 ~!il ;;:!~,.. "'lil xg> c >0 :xo> >S? ~~> ~8 - " ~~~:a ~(J) 2-1% Ill'"' - :II -xx Z ".., -!Z~ NX O~lIllll:il~ 0,.. -1je ~~ ~~~ fil~ ::i;;!~ !" ~~ ~;;l fil~ VI::;;e ~p ~~ ::I ;u . ~ ~Fz a~ :;40 "'0 ~~-< m ..~o "'l.~", ~o lil~ ;!!." ~6gQ~-{ q>~ ~2 '" ::<?-:I! "Olil O;;Q o"'~ xl:> e ~~~ > g o:.t~l{l moot ~~e '" g~ ..... Co " ~ ~~ ...>~ "'x '" "'", "'~lil z '" ~flg g!2 ...~ ~ ~ ~~~ ::I~o Iii !il;li ~ z C) ~ ~~ 1l'" III"'''' Ul"'::O ~~ "'x r-zz 0 0 Q", ::<o~ ... -I z ...", ~~: ,.. -> -. !;\g 0 > ::<o~ ,,> ~~ 0;0 ~ ~~~w. ~ Zo z .,., ....x '" z g2 ."z ~lil vi:'" -Ie: '" _0 :...'" 8;0 :E '" :..0 ,..~ ~ t; ~i'll~ . '" ~x VI .,,2 "'x ~~ In ~~ Ul ~~ lll~ ~ ~~ ;:1", ~ ~ ';0 2;;1 ,.. n~~~> 00 0 !:j", .0 0 ",.. ..,... ~-c ~~ o~ t.l :i~ !:li!!i 0::0 :J:l/l00 ",8 :II > '" '" ~J:< 1l- '-,",?-",~ -,.. xc ~ -"'i!!i -<l/l .'0 ~ 2 .'", o~ ,..... VI 0::0 ~'" XI: ~~ > k::" i: !il!l!z::l 2m ~r;i -I g~ >j$i -4 ~~ f;;:J: m~ ~-4~-o~ z> "'.., !il ,... 2~ '" ~ >,.. oS; ~6 0 "u-c > 1l-< ~~ ~F;;j>~ Q", VI :E~ .., ~ fJ1< %- ~~ '"' ~ ~~ Qel! !2~ >,,- ..... o!ij VI :;l~ 3(;) !i\> ;!: -< j:!I > -C --:1: ::OX"'lll~ C -I -{ o"tl ~~if8 :< g> 21<1"'''' z~ ~'" ~ ~ .!:i ~ ~ -< X ~~~ "il! x en '" je.., lii c:: 0", i:'" IJl c",m ;0 in ::0 ~ ZO'" lll... ~ f;j ~~~ ~o > 0 ~tl5 20 III ...; -'I ~_m 01Z i:'i ~ ~ IflZ'" g;;! ~ ei2l<l ,. :J: en Cii z,.. ~ " ,.... ~.., Z '" x~~ :..~ ,... ~ ,.. '" .e "'~g ~= ~ z tz:l 0 ~ tff OLll rn i: Ol-U) ?-'" 0 ,. ~~$ '" ~ -< ''''~ ~ ;0 I :J: ~~-< '6 ~~ ~ 0 ~ ~ ~11~~~ til '" ::I ~-(ij 0 0 i!< !\l ~S:Q ;t z ...~ ""I l~ l'~~h 1Il "'lll Z '" '" ~~ 0 I ;90 ~ !Z! 1l % ~li O'ii:~~g:g-,..;,; '; r ~o :< - O:;! Hitr 9 f~ 0 -< I u; oe: z Vl "8 ~ hI: f"" If ~ -0 1Il ~ fT1 1::... ~ ",' '- - il1~ " ;o;;ui~;tI I ~;;! !it>"t ~~Q 0 !"~ r>P 0 ;;l 0 x ,. ;1> II:\.,&, "ZJ9-C8_ O:i! F !'> UI", ~ ~;rs:a:19Ii 0 ~'" m 8", '" !" 0 N d <nUl e: t"' s>> &f!.~~l.~ c -0 Z t"1 :0 00 > 0 ;o~ ~ g si'....~:t Z ..,e: f,l ~ 0 ~i:l "~lll" ~- II '" ,,:;! ~;gS!o~~ " C!! t"1 -i 9.!l tl",=-h -< ;0 ~ i '" E2 c!;l z ~ g % !il () z !ll.~J}I~~~ ,., !" '" :l t;j ,. ." '" i:",f,l~o-4 ,., ~~ :r~il ~r ;0 m '" 1l ;;j ~!3 _z'i! ;0 ~ ~ <= ~ "'x q la" ll.~ ... ~s;: CD ?; "0 1l -I>- E:... 2~ C !iJx tu ~ (J1 ~~ Ho i- : ~ 0 '" '" r- l:: ~ 9 Z ,U;"'lg'i ~ OZ ;0 ~ Z '" _Vl lOla g;a m ~ Z c "p,rll.!lll. 0 ... z z i'D~ :g z~ 0 l::! :n '" ::0 ;0 ~ C) ~~ g Rl "'s: ~" 0 :Rf..h" g VI ;0 -< Z .~ ", ;:J~ ~ ~ ~ 0 ~ 1!.l!4,!l,!-1 Ul ;< !(l 01" ~ili\l9 s:~ ;0 .j>o. ~ .;- .. it~ f1l is ~-ll = -" ~ VI ~il-i. 1"'"1 []! I ll. ~ ... LEQAL 0SllCI'lPT10N OF"M:! /'IlOl'Oea) ;-~~ i ~nf!r!' l; ItRJf !Ii~ PiIOHT OF WAY VAeATt:JH :~;,; i~ J~g j.< l " I fll .. ., ~;;l lI' ~ r; .ll ClIJU" 811lE!AM UJIIIlEI'l YND -- r ~ if! ... -- if !~ 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