Loading...
APPLICATION lr." ,~ ,4 PROJECT NAME: Gulfstream Lumber LOCATION: NW corner of Woolbright Rd. & Federal Hwy. PCN: 08-43-45-28-00-000-5100 I FILE NO.: ABAN 05-003 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Gulfstream Lumber James G. Vitter ADDRESS: Kimley-Horn Associates, Inc. ADDRESS: 601 21st Street Suite 400 FAX: Vero Beach, FL 332960 PHONE: FAX: 772-562-9689 - PHONE: 772-562-7981 SUBMITTAL / RESUBMITT AL 5/18/05 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE: 7/31/05 TART MEETING: LAND DEVELOPMENT SIGNS POSTED 7/31/05 (SITE PLANS): PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 8/9/05 AGENCY BOARD CITY COMMISSION MEETING: 9/6/05 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\BEACHSIDE @BOYNTON\ABAN05-003\2005 PROJECT TRACKING INFO.doc l,r""\ , . City Codes Accessed Via Website www.bovnton-beach.orQ www.amleQal.com/bovnton beach fI MAY I 8 LUUj Has applicant attended a pre-application meeting? Yes , Date: CITY OF BOYNTON BEACH APPLICATION TO ABANDONIVACATE PLANNING & ZONING DIVISION L__..--. 05/10/05 i I .____.___. J 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: Gulfstream Lumber AGENT'S NAME: Kimley-Horn and Associates, Inc. Attn: James G. Vitter AGENT'S ADDRESS: 601 21st Street, Suite 400 Vero Beach, FL 32960 AGENT'S PHONE: (772) 562-7981 AGENT'S FAX: (772) 562-9689 OWNER'S NAME: Gulfstream Lumber Company (or Trustee's) OWNER'S ADDRESS: 1481 West 15th Street Riviera Beach, FL 33404 OWNER'S PHONE: (561) 472-9220 OWNER'S FAX: (561) 472-9164 PROJECT LOCATION: 08434528000005100 OR PCN NUMBER (not legal description) CORRESPONDENCE ADDRESS:* NA (if different than agent or owner) · This is the address to which all agendas, letters and other materials will be forwarded. The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and disc ontinue 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 ofthe City and the public in and to any land in connection therewith. Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one ofthe above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect. Representative of the project must be present at all Technical Review Committee, Planning and Development Board or Community Redevelopment Agency and City Commission meetings held to review this project. The undersigned hereby certify: 1. That a complete and accurate legal description with the specific property interest sought to be vacated or abandoned, including where possible a plat map or drawing showing the general area and location involved, is set forth in Exhibit "A" attached hereto. 2, That the title or interest of the City and the public in and to the specific property interest described above was acquired and is evidenced by, (check one): DEED ./ 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 1 sl class postage (stamps or pay for required postage). . . .. NAME ADDRESS Gulfstream Lumber Company 1481 West 15th Street, Riviera Beach, FL 33404 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 utilized for access or utilities. ADDRESS Epoch Properites, Inc. Kyle Riva, Vice President 359 Carolina Avenue Winter Park, FL 32789 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that ~ he _ are/is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the s that the facts therein set forth are true and correct to the best of their knowledge. My Commission Expires: Updated 10/15/01 ~,\\\ltlllll/IIII ~\,\, ~~ K. HE~'II;" ~... \\) ........'7'-9;;: ;;~ ~ ...;~\1IISS/04'....~r.>~ .::' . CJ 13 ~J.." Y , ~ :,$- ~'\}~e '<a'''''O.. ~ =*l ~~~ -: ~z: .... (/): ~ -0. #0 .*- ~ ~ .. 0299140 : ~ -,~..~ Sa "~.;:- ~ :;/- ..'i'CYA ~ctedthl\l . ",fo.." &j~ ~ ,ou;.. ~blic Und9r1l"~.. rJ:- ~ "'..." 0'(, ........ <0 <;;\; ~ "I!! 'c. STAl'E 0' \",..... 1IIIIfI/IIII\\\\\\ ,4 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 - 2 001 Fax: (561) 742-2016 Florida Public Utilities/Flo-Gas Corp. Mr. David E. Pellico, Engineer 401 South Dixie Highway West Palm Beach, FL 33401 Phone: ( 5 61) 838 - 1 7 5 2 Fax: ( 561) 833 - 0151 Comcast Cablevision 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 TUE/V~Y/IO/2005 02: 10 PM ADELPHIA CABLE .... FAX No. 561 640 3996 P. 002 .........l.... ,,,". I' '''.''.''''~;''''I;-'' "''''''''''. ......'". VOla" Utkfor EveIyIhng Engineering Department 1401 Northpoint Parkway West Palm Beach, FI 33407 Office: 561-656-8927 Fax: 561-64()"'3996 May 1 0, 2005 i '" ' IL;i: MAY I K L-. Kimely Hom & Associates, 'Inc. 601 21 st Street, Vero Beach, FI. 32960 RE: Southeast 3rd Street (Alden Street) Gulfstream Lumber Dear Mr. Campbell Adelphia Cable has existing overhead lines attached to FPL poles' at this location. Any relocation of our facilities necessitated as a result of the abandonment will be at the owner's expense. Sincerely, '. au have additional questions at (561) 65&-8927 regarding this project. <.. Dominique Aumais Construction Supervisor Adelphia Communications 05/12/2005 11:20 5517422015 FPL PAGE 01 Florida Power & Light Company. 9329 S. Military Trl., Boynton Beach. FL 33438 Phone: (561) 742-2000 Fax: (561) 742-2016 ......'..:.pp:....:;;..'.....t....;,:.. . . . .I,. .' :'," , . (" ., ~ rJYV' May 5, 2005 Attn: Ben Campbell Kimley-Hom and Associates, Inc. 602 21st Street Vero Beach, FL 32960 '. MAY I 8 iULJJ L_ ..- --"+-'.---..,-:"",: Re: Southeast 3rd Street (Alden Street) Right-of-Way Abandonment Gulfstream Lumber Project " Dear Mr. Campbell: FPL has no objection to the above referenced abandonment pending the following: 1. Existing FPL streetlight facilities m.ust be removed or relocated. 2. Should customer request that facilities be relocated. customer must provide any. easements, if needed. 3. Should customer request that facilities be removed, customer must obtain approval from the City of Boynton for removal. 4. Customer must pay all costs asspciated with removal or relocation of streetlight facilities prior to FPL doing any work. Should you have any questions or if [ may be of further assistance to you, please feel free to contact me at 561-742-2007 or by fax at 561-742-2016. Sincerely, ~~~=jLj.,; Marietta Hicks Customer Project Manager InfPL Grtidp company 05/12/2005 03:37 NO. 899 [;1001 @ BELLSOUTH BellSouth Telecommunications, IDe. ElIogineering Departmr:nt 2021 So. Military Trail Room 107 Wesl:Palm Beach, A. 33415 Office: 561-439-9110 Fa~~ S61~64~99 May 12th, 2005 ~ I ' ~ j :-i t WY I H j' Dear Kimley-Hom and Associates, Inc.: There are no record of existing BellSouth facilities in or around the Right of Way of . "S.E. 3RD Street (Alder Street). Nor does BellSouth propose to place facilities in the Right of Way of "S.E. 3RD Street (Alder Street) to serve the existing residences. If you have any further qUestion please contact me at 561-988-6507. Sincerely, Stephen R. Buck Q.S.P.E. : . ' . FLORIDA PUBUC UTiliTIES rr-, . :' . ' I j Ben Campbell 601 21 st Street Vero Beach, FL 32960 P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 March 15,2005 RE: Southeast 3rd Street (Alden Street) Dear Mr. Campbell: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing Right-of-Way as described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional questions or concerns please feel free to call me at 561-838-1782. Sincerely, 1 '~" ;to C4//1/~ CI/r?J}0 Frank Studenski Engineering Tech cc: C.C. Canino P:\FPUC\PRlV A TE\Engineering\LETrERS\ACTUALS\03 -Mar\2 _ Gulfstream Lumber 05.doc _'1I0URS BEFORE 1'011 DIG CALL SlINSHINt: 1.800-432.4770 ITS TIlE lAW IN ....011104 401 South Dixie Hwy. . West Palm Beach, Florida 33401 . Phone: 561.832.0872 ... www.fpuc.com ,~. [09Zg ON XH/X.L] gO: ZT [lu.t gO/CO/CO First American Title Insurance Company CERTIFICATE OF TITLE INFORMATION Issuing Office File No.: 2037-432571 Agent File No.: Epoch Properties, Inc p/f Goco, Inc. 1~1" - L~ : MAY j i I 8 This Certificate of Title Information is issued to, and at the request of: Godbold, Downing, Sheahan and Bill, P .A. 222 West Comstock Avenue, Suite 101 Winter Park, FL 32789 Attn: Gene H. Godbold, esquire and Is provided to assist in the preparation of a FlISt AmerlClIn Title Insurance Company commitment and pollcy(s) to be issued by your office. This Certificate Is the result of an examination of the Public Records of Palm Beach County, Florida, as defined in the ALTA Owner's Policy form (10-17-92), and reflects only matters found therein. Upon receipt of this Certificate, you must obtain written authorization from First AmerlClln Title Insurance Company to issue the commitment if the amount of the policy or policies to be issued exceeds your agency limits. The Effective Date of this Certificate Is: January 23, 2004 at 8:00 a.m. SCHEDULE A The title certificate, as of the Effective Date, should reflect the title to be vested in: Gulf Stream Lumber Company, a/k/a Gulfstream Lumber Co., a/k/a Gulfstream Lumber Co., Inc., a/k/a Gulf Stream Lumber Company, Inc., a AorIda Corporation, by virtue of document recorded In OffIcial Records Book 4237, Page 1759, Book 4236, Page 1657, Book 10687, Page 1540, Book 12223, Page 504, Book 8958, Page 99, Book 8717, Page 462, Book 8490, Page 1770, Book 5441, Page 796, Book 4373, Page 879, Book 4038, Page 864, Book 3994, Page 838, Book 1030, Page 308, Public Records of Palm Beach County, Rorida, as to a Fee Simple interest. The land referred to In this Certlflcate Is desa1bed as follows: See attached Schedule A (continued) First American Title Insurance Company By: ~ J_ as VIce President of First American Title Insurance Company Page 1 Ale No.: 2037-432571 ~~ () () " '7 (\ (\ rom [OSZS ON XM/X~] RO:ZT nH~ SO/CO/CO , First American Title Insurance Company """., Schedule A (Continued) Issuing OffICe File No.: 2037-432571 PARCEL 1: A TRACf OF LAND IN SECTlON 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNlY, flORIDA, MORE PARllCULARL Y DESCRIBED AS FOLLOWS, TO~WIT: BEGINNING AT A POINT IN THE SOUTH UNE OF SAID SECTION 28 (BEING ON WOOLBRIGHT ROAD), SAID POINT BEING 229.50 FEET WESTERLY FROM, MEASURED ALONG THE SOUTH UNE OF SAID SECTION 28, THE WESTERLY UNE 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 UNE OF SAID SECTION 28, A DISTANCE OF 41.03 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 900 16' SO", MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH UNE OF CENTRAL PARK, A SUBDMSION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT BOOK 12, PAGE 12, PUBUC RECORDS OF PALM BEAOi COUNlY, flORIDA, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 890 55' 30", MEASURED FROM EAST TO NORTIi, A DISTANCE OF 264.0 FEET, MORE OR LESS, TO THE SOUTH UNE OF SAID CENTRAL PARK; THENCE WESTERLY ALONG THE SOUTH UNE 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 UNE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE SOUTH UNE OF SAID SECTION 28; THENCE EASTERLY ALONG THE SOUTH UNE OF SAID SECTION 28, A DISTANCE OF 643.40 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THE RIGHT OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121 PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2: THE WEST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENONG AT THE CENTER OF THE COUNTY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 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 1/4 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 UNE OF SAID SECTlON 28, AND WESTERLY RIGHT OF WAY OF US HIGHWAY #1 AS LAID OUT AND IN USE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY UNE, 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 UNE 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 UNE OF CENTRAL PARK, A SUBDMSION RECORDED IN PLAT BOOK 12, PAGE 12, PUBUC RECORDS OF PALM BEACH COUNlY, FLORIDA; THENCE WESTERLY AND PARALLEL WITH THE SAID SOUTH UNE OF CENTRAl PARK, A DISTANCE OF 196.74 FEET; THENCE SOUTHERLY AT AN ANGLE OF 900 04' 30" MEASURED FROM EASrTO SOUTH, A DISTANCE OF 289.13 Page 2 File No.: 2037~32571 fioo/roo rm I"'\It..TT C'lr:TT T'\.Tr.T T"'T T .....,....._........... [OgZS ON XH/X~] SO:ZT nH~ SO/CO/CO First American Title Insurance Company FEET, MORE OR LESS, TO A POINT WHIOI IS 165 FEET NORTH OF THE SOUTH UNE OF SAID SECTION 28; Tl-fENCE EASTERLY AND PARAUEL WITH SAID SOUTH UNE OF SEmON 28, A DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO.1 AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11 PUBUC RECORDS OF PALM BEACH COUNTY, flORIDA. PARCEL 4: COMMENCING AT THE CENTER OF COUNTY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SEmON 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH POINT IS 347 FEET WEST OF THE EAST UNE 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); ll-fENCE NORTH ALONG CENTER OF THE COUNTY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING. LESS THE SOUTH 68 FEET THEREOF AND LESS THE RIGHT OF WAY FOR FEDERAL HIGHWAY AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11, PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 5: COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH SECTION UNE OF SECTION 28 AND RUNNING NORTH ALONG THE COUNlY ROAD 165 FEET; THENCE WEST 265.5 FEET; THENCE SOlITH 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 SEmON 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, PUBUC 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, PUBUC 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, PUBUC 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, PUBUC 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 UNE OF LOT 12, 105 FEET TO A POINT; THENCE RUNNING SOUTH AT RIGHT ANGLES, 5 FEET; THENCE RUNNING WESTERLY PARAUEL TO THE NORTH UNE OF SAID LOT 12 TO THE WEST UNE OF LOT 12; THENCE NORTHERLY ON THE WEST UNE 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, PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION OF S.E. 2ND STREET (RONALD ST.) LYING SOUTH OF S.E. 12TH AVENUE (CENTRAL BOULEVARD). Page 3 File No.: 2037~32571 GOO/flOO ~ I'"\lio.TT t'"'Ir:-TT T"TrT T............... ........,... --. __ [OgZ8 ON XH/X~] RO:ZT ~q~ gO/CO/CO First American Title Insurance Company SCHEDULE B - SECTION 1 REQUIREMENTS Issuing Office File No.: 2037-432571 The following requirements, In addition to those pre-printed on the commitment, must be complied with: 1. The following documents, satisfactory to us, aeatfng the Interest in the land and/or the mortgage to be Insured, must be signed, delivered and recorded: 2. Execution of documents as per contract. ) 3. Satisfactory evidence must be furnished as to the proper incorporation of Gulf Stream Lumber Company, a Florida COrporation, prior to aQ:juisltlon of the property desaibed in Schedule "A", together with proof as to the current status of said corporation In Its state of origin. The Company reserves the right to make such additional requirements as it may deem necessary. 4. Written evidence, from appropriate governmental authorities, that Special Taxing District, City and County Special Assessment Uens, and Water, Sewer and Trash Removal Charges, if any, have been paid. 5. Survey prepared by a Florida registered land surveyor; dated no more than 90 days prior to the closing date of subject transaction; certified to the proposed insured(s), First American Title Insurance Company, and all other parties In Interest; meeting the minimum standards for all land surveys as set forth In Chapter 472.027, Florida Statutes or in Chapter 21 HH 6, FlorIda Administrative Code. The Company reserves the right to make such additional requirements and/or to modify the legal description (shown on Schedule A herein), as it may deem necessary. Page 4 File No.: 2037~432S71 finn Icnn 1m [OS6S ON YM/X~] RO:61 nq~ SO/CO/CO First American Title Insurance Company SCHEDULE B - SECTION 2 EXCEP11:0NS Issuing Office File No.: 2037-432571 The commitment and policy issued will contain exceptions to the following matters In addition to any pre-printed exceptions on the commitment and policy and matters disclosed to or known by the agent that should be exceptions to title, unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possesSion not shown by the public records. 2. Easements or claims of easements not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Any adverse claim to any portion of said land which has been created by artiftdal means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Real Property Taxes for the year 2004 and subsequent years, not yet due and payable. 8. Note: 2003 ad valorem taxes show PAID in the gross amount of $4,294.94 for Tax IdentifICation No. 08-43-45-28-00-000-5090. (Parcel 4) 9. Note: 2003 ad valorem taxes show PAID In the gross amount of $70,693.37 for Tax Identification No. 08-43-45-28-00-000-5100. (Parcels 1, 2, 3 & 5) 10. Note: 2003 ad valorem taxes show PAID In the gross amount of $3,413.10 for Tax Identification No. 08-43-45-28-01-000-0060. (Parcel 6) 11. Note: 2003 ad valorem taxes show PAID in the gross amount of $597.22 for Tax Identification No. 08-43-45-28-01-000-0121. (ParceI7) 12. Note: 2003 ad valorem taxes show PAID in the gross amount of $580.72 for Tax Identification No. 08-43-45-28-01~0-0130. (Parcel 7) 13. Note: 2003 ad valorem taxes show PAID in the gross amount of $1,711.12 for Tax Identification No. 08-43-45-28-01-000-0140. (Parcel 8) Page 5 File No.: 2037-432571 finn /Qnnl'm .' , , [OSZlI ON XM/X.L] 1I0: ZT nUT, so/co/co ..... First American Title Insurance Company 14. Note: 2003 ad valorem taxes show PAID in the gross amount of $546.00 for Tax Identification No. 08-43~5-28-01-00o-0150. (Parcel 8) 15. Note: 2003 ad valorem taxes show PAID In the gross amount of $1,262.23 for Tax Identification No. 08-43-45-28-01-000-0160. (Parcel 8) 16. Note: 2003 ad valorem taxes show PAID In the gross amount of $1,124.47 for Tax Identification No. 08-43~5-28-01-000-0170. (Parcel 8) 17. Note: 2003 ad valorem taxes show PAID In the gross amount of $562.23 for Tax Identification No. 08-43~5-28-01-000-0190. (Parcel 8) 18. Note: 2003 ad valorem taxes show PAID In the gross amount of $1,936.57 for Tax Identification No. 08-43~5-28-01-00o-02oo. (Parcel 8) 19. Note: 2003 ad valorem taxes show PAID in the gross amount of $3,903.21 for Tax Identification No. 08-43-45-28-01-000-0240. (ParceI8) 20. Note: 2003 ad valorem taxes show PAID In the gross amount of $2,864.95 for Tax Identification No. 08~3-45-28-01-000-0260. (Parcel 8) 21. Note: 2003 ad valorem taxes show PAID in the gross amount of $1,155.38 for Tax Identification No. 08-43-45-28-01-000-0270. (ParceI8) 22. Note: 2003 ad valorem taxes show PAID in the gross amount of $2,282.38 for Tax Identification No. 08-43-45-28-01-000-0290. (Parcel 8) 23. That certain Mortgage and Security Agreement from Gulf Stream lumber Company a/k/a Gulfstream Lumber Company to Southeast Bank, N.A., filed of record April 10, 1989 in Book 6026, Page 1613, in the original principal amount of $490,000.00, together with and as modified by:First Future Advance Agreement and Supplemental Mortgage and Security Agreement recorded in Book 6379, Page 1889; Assignment of Mortgage and Security Agreement, In favor of First Union National Bank of North Carolina, recorded In Book 7524, Page 1162; Modification of Mortgage recorded in Book 7524, Page 1164; Assignment of Mortgage and Security Agreement, in favor of First National Bank of Ohio, recorded In Book 8378, Page 774; Modification of Mortgage recorded In Book 8376, Page 776; Mortgage Spreader Agreement recordecl in Book 8737, Page 1038; Modification of Mortgage, Future Advance and Mortgage Spreader Agreement recorded in Book 1445, Page 780 and Modification of Mortgage, Note, Future Advance, Consolidation and Spreader Agreement recorded in Book 15537, Page 1811, and the terms and conditions thereof. 24. That certain Mortgage and Security Agreement from Gulf Stream Lumber Company a/k/a Gulfstream Lumber Company to Rrst Union National Bank of North Carolina, filed of record December 21, 1992 in Book 7524, Page 1131, In the original principal amount of $1,000,000.00, together with and as modified by: Assignment of Mortgage and Security Agreement, in favor of First National Bank of Ohio recorded in Book 8378, Page 786; Modification of Mortgage recorded in Book 8378, Page 788; Note and Mortgage Extension Agreement recorded in Book 8693, Page 201 and Mortgage Spreader Agreement recorded In Book 8737, Page 1045, and the terms and conditions thereof. Page 6 Rle No.: 2037-432571 (~" n " J "11 f1t1 ~~TT OOTTuornUT rr~nTn . . [0 SZS ON X}l/X.L] SO: ZT nUT, SO/f:O/f:O ... First American Title Insurance Company ,~ 25. UCC-1 (Financing Statement) from Gulf Stream Lumber Company to FlrstMerlt Bank, N.A. f/k/a First National Bank of Ohio reoorded June 12, 2000 In Book 11834, Page 733 . 26. UCC-l (Financing Statement) from Gulf Stream Lumber Company to FirstMerit Bank, N.A. recorded November 27,2002 in Book 14445, Page 790. 27. Reservations contained in Deed from The Trustees of The Internal Improvement Fund of the State of Florida, filed in Deed Book 1040, Page 678 . Note: The right of entry has been released pursuant to 5270.11, F.S. 28. Right-Of-Way Easement granted to Southern Bell Telephone and Telegraph Company by instrument reoorded in Book 898, Page 748. 29. Easement Grant granted to the Oty of Boynton Beach, Florida by instrument recorcled in Book 1046, Page 469. 30. Easement granted to the CIty of Boynton Beach, Flrida by instrument recorded In Book 1388, Page 305. 31. Utility Easement granted to the County of Palm Beach, Florida by instrument recorded in Book 3129,Page 1604. 32. Easement for Utilities created by Resolution No. 02-214 recorded in Book 15721, Page 820. 33. Easement for laying of Water Mains, Electric Light Poles, Telephone Poles or any other improvements necessary for the benefit of the property created by Warranty Deeds recorded in Deed Book 408, Page 88, Deed Book 409, Page 255, Deed Book 413, Page 218, Deed Book 421, Page 155, Deed Book 421, Page 532, Deed Book 423, Page 137, Deed Book 425, Page 389 and Deed Book 426, Page 364. 34. Tenns and oonditions of any existing unrecorded Iease(s), and aU rights of lessee(s) and any parties daiming through the lessee(s) under the lease(s). 35. Any lien as provided for by Chapter 159, Florida Statutes, In favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas systems supplying the lands described herein. Page 7 File No.: 2037-432571 {O^A _r\t"\^ r;;:M ,. [OSZS ON X~/X~] 80:Z1 n~~ 90/~0/~O First American Title Insurance Company ..,; Issuing Office File No.: 2037-432571 Note: All of the recording infonnation contained herein refers to the Public Records of Palm Beach County, Rorida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless Indicated to the contrary. Notices - Where Sent All notices required to be gIven the Company and any statement In writing required to be furnished the Company shall indude the number of this policy and shall be addressed to the Company, Attention: Oaims Department, 1 First American Way, Santa Ana, CA 92707. Service. Ouallty and Availability First American Title Insurance Company cares about Its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll-free number Is available for your convenience in obtaining information about ooverage and to provide assistance In resolving complaints at 1-800-929-7186. Office hours are from 8:30 a.m. through 5:30 p.m. Monday through Friday. Page 8 File No.: 2037-432571 GOO/ROO 1m ~~TT ~aTTUaTn~T ~__T~ 08111/2005 14: 1 9 561434p....1.5 PLANNING DEPT PAGE 01 ~OOL DJ~.>. ~~a ~.~~ ....~ BeACH rout- THE SCHOOL DISTRICT OF PALM BEACH COUNTY PLANNING DEPARTMENT 3320 FOREST HILL BOULEVARD - C331 WEST PALM BEACH, FL 33406 FACSIMILE TRANSMITTAL PHONE: 561/434-8020 FAX: 561/434--8187 Number of pages sent (Including cover page): 3 TO: Mr. Eric Johnson, Planner, City of Boynton Beach DATE: August ii, 2005 FAX NUMBER: 742-6090 FROM: Tonya Deal, Senior Planner, SDPBC COMMENTS: Atta.ched please find a copy of the approved school concurrency application and provider form for Gulfstream Lumber. Attachment ~'LrC}~-:. ~'~'.":.T',..-'., I n <, ' ' i ii i AUG r .. ".'. l___..__. .'.. ! r [- f' r' ~:'( ~ ': ," L;\Planning\Publlc\INTERGOv\ConCUfTency\Concurrency DetermInation Letters\Faxes\2005\FXC05072004.DOC 08/11/2005 14:19 551434>'''15 PLANNING DEPT PAGE 02 THE SCHOOl DISTRlCTOF PALM BEACH COUNTY, Fl..ORIOA PlANNNG DEFwm.ENr 3300 FOREST Hill BLVD., C-110 WEST PALM BEACH. Fl 33406-5813 (561) 434-8020 FA)(; (561) 434-8187 ARTHURC. JOHNSON. Ph.D. SllPERlN11!NOENT August 11, 2005 Mr. Eric Johnson, Planner Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 RE: CONCURRENCY DETERMINATION GULFSTREAM LUMBER CASE NUMBER #05072004C Dear Mr. Johnson: The Palm Beach County School District has reviewed the request for a Concurrency Determination on the above referenced project for 494 units (20 multi-family, 70 apartments, and 404 high rise apartments). Attached please find the approved Palm Beach County School District Concurrency Application and Service Provider Form for Gutfstream Lumber. This Concurrency Determination is valid for one (1) year from the date of issuance. Once a Development Order has been issued for the project, the concurrency determination will be valid for the life of the Development Order. If you have any questions regarding this determination, please feel free to contact me at (561) 434-8876. 1):2 L. Tonya Deal Senior Planner cc: James G. Vitter, Kimley-Hom and Associates, Inc. enc. L:\l'lllflniog\Public\tNTERGOV\Cof\curren~\Concurrency Determination LcttE:l's\ConcWTCncy\200S\C05072004.doc AN EQUAL OP~UNITV EMP1..OYEA 08/11/2005 14:19 5614348R15 PLANNING DEPT PAGE 03 , " ......J ,; \,--:, OJ The 8c1lOGl D,*,,,,* of PIIm _h CIM11Y ""Mlng D.per1men1 3.uo FllF8Il HlIIIMI. C-HO WIMI Pun leach, FL 33408-5813 1'Ilane; (G61)434-aIIIlIl or (!161) ge3-38n Fib; ($61) 434-8187 tit (1I01)43H815 A*n1Ion: Cltftcu"",nGV The School District of Palm Beach 'County School Concurrency Application & Sentice Provider Form Inlitructlons: Submit OM CGp)' of the complil..d IPplloatlM 'nd fees for each 1\'" ....lclentlaI ....oJKt requlrln~ I cMtennlnatlon of oancU"'I1GY for lahooll. A determination will be provtded Within fifteen (15) working Cl8yi of receipt of. complete aPt)llClUon. A tlelertninatlon Is not traneferable and's velld for one year from date of 188LJanee. OIlC8 the oevelopmllht Order Ie IHUed. the COI'lCIlrTlilrlC)' ClGlennlnatlCln Ghall be vlllkl for the life of the Development Order. pl;... cheCk (-.') type of application (ona &WIly): Ix] CQncurrency Determination I ) Concurrent:)' ExemptiOn ( 1 ConCUtrency equivalency [ ] Adequate 8c;hoQl FaclltIe8 Oetermlnal/on I ) L.etter of No Impact I ] Time Exttll\l;lon F_ Concurnnay ~1ermI1I.tIon or Adequate IIGhDoI I'.ollllM 1le_lIloi.tIan ($21111.110 flW mm1I IIlAll20 unlle I 211 unit. or !He $lIUCl): l';qulYelellCf (Sll1.lIt): ltlcelllllllon Dr l_. of No Impact {SU.llOl: T1lllD IilMnsIan (n..tlfJ) '.~~I;,It1~.. . . ..... . :"l~ ": )~~~rr.I. ::~ Prolact Name: Dulfstream l~ber l.ful\lClpllllty: ~.. Jl.eadl Property COI\trol Number (PCN): 084345280??oo5100 "SAC 2b8 A If 1IIIllIc8lI1e. ~ altilc:lle Phaa~ Pr"1II'IcvIfr\g tile lIllmb8r Ind Iype 01 uNIs \0 ~ c:erlftc8le or ocaJJllIIlCY )'eady. - A Relllric:tJw CovenInIIlI reqUtDd II;If lIlIHIR1cIed c:orr.rm.lIiliU. OWNERSHIP I AGENT INFORMATION: Ownli!l'" Nlme: EPOch Prooenies. Inc. . Ag8nrl Name: James O. Vitter;.K;mlev-Hom and Associates. Inc. Mailing Add"...: 601 21sl Street. Suite 400, y~ B~ PI.. 32960 Telephone Number: (772) 562- 7981 562.9689 I h....bv CM1Jfy lhe ~nlll or lnftInMIIon maD .... bMlof my knowlotdgoo, __ elld ~I~ nt Signature IifIlJ-S .' .";~:I:':; ::~~'~1~~~~ '~,,- .:~;P.."~~'~: . ::"IoI',..:'q~~:S '.1 1lIiI~ ,I . Date Application Filed: Reviewed By: Old the Applicant pay tl'tl filing t.. to you? patltlon Number: TItle: f' \.-#lI))Nt-tl. I verily that tht project compllllll with the ~ed Lev.l of Service (LOS) for Schoolt I verit,l tnl!lt thD ProJeaI w1t1 <lOmply wIIh lto8 adoJ)ilod L altschBd condlllo~ I cannol vel1fy I/Iat 1118 project will 1'.91;1 \\l'11 (ll", 11105IO~) S:'."'.ul"i",N~lbtlc\lNl' ER(lfJv.~um)r;~ ~~M'1~ (".",'bl't4:fI,",~ ^ rl'li ""j(llI.JX)f: