APPLICATION
PROJECT NAME: Arches ..
LOCATION: SW corner of Ocean Ave. and Federal Hwy
PCN: 12 PCN's (see below)
I FILE NO.: ABAN 05-005 (ALLEY) II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Boynton Ventures I, LLC
Bonnie Miskel, Esq. / Kim Glas-Castro, ADDRESS: 3050 Aventura Blvd., 3rd Floor
AICP Aventura, FL 33180
Ruden McClosky FAX: 305-792-2100
ADDRESS: : 222 Lakeview Drive Suite 800 PHONE: 305-792-7500
West Palm Beach, FL 33401
FAX: 561-514-3443
-
PHONE: 561-838-4542
SUBMITTAL / RESUBMITT AL 6/22/05
1 ST REVIEW COMMENTS DUE:
PUBLIC /IP ARC NOTICE: 9/2/05
TART MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD:
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT 9/13/05
AGENCY BOARD
CITY COMMISSION MEETING: 10/5/05
COMMENTS: 08-43-45-28-03-007-
0031, 0032,0061,0062,0081,0082,0083,0091,0111,0112,0113 and
08-43-45-28-03-012-0010
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN 05-005 Alley\2005 PROJECT TRACKING INFO.doc
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City Codes Accessed Via Website
www.bovnton-beach.org
www.amleQal.com/bovnton beach fI
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Has applicant attended a pre-application meeting? ~, Date:
CITY OF BOYNTON BEACH
APPLICATION 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) cooies of application are required.)
PROJECT NAME:
AGENrS NAME:
AGENrS ADDRESS:
AGENrS PHONE:
AGENrS 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)
The Arches
Ruden McClosky
Bonnie Miskel, Esq.
Kim Glas-Castro, AICP
222 Lakeview Avenue, Suite 800
West Palm Beach, Florida 33401
561-838-4542
561-514-3442
Boynton Ventures,I~ LLC
3050 Aventura Blvd., 3rd Floor
Aventura, Florida 33180
305-792-7500
305-792-2110
Federal Hwy. and Ocean Avenue
(not legal description)
see attached listing of PCNs
. This is the address to which all agendas, letters and other materials will be forwarded.
The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the
City Commission to vacate/abandon, and discontinue the,(check one):
( xxxxx
(
(
(
) 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
( xxxx,J DEDICATION
( ) PRESCRIPTION
Recorded in Plat
Beach County, Florida.
Book 1
,Page 23 , and Public Records of Palm
3. That no similar application has been considered by the City at any time within six (6) months of the date
hereof, and should this application be granted, such abandonment and vacation will prevent no other
property owners from access to and from their property and not other property owners in the vicinity will be
adversely affected.
4. That the above described property interest is under the control and jurisdiction of the City Commission of
the City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not
acquired or dedicated for state or federal highway purposes.
5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and
abutting the property interest described above.
6. The list of names and addresses of the owners and occupants of abutting real property, addressed
envelopes and 1st class postage (stamps or pay for required postage).
~
NAME
ADDRESS
Boynton Ventures I, LLC
3050 Aventura Blvd., 3rd Floor
Aventura, Florida 33180
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:
see attached
DATED:
APPlICANT(S) NAME (PLEASE SIGN)
ADDRESS
3050 Aventura Blvd., 3rd Floor
Aventura, Florida 33180
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
same and that the facts therein set forth are true and correct to the best of their knowledge.
~
.f~.DS
My Commission Expires:
Updated 10/15/01
KI
MY COMMISSION I DO 355754
EXPIRES: september 19, 2008
BcIndlId TIlIu Nc4Ily PIilIc UndIIWIIlIrI
'.
THE ARCHES
Owner
Property Street Address
PCN
BOYNTON VENTURES I LLC 530 E OCEAN AVE 08434528030070031
BOYNTON VENTURES I LLC 516 E OCEAN AVE 08434528030070032
BOYNTON VENTURES I LLC 502 E OCEAN AVE 08434528030070061
BOYNTON VENTURES I LLC 504 E OCEAN AVE 08434528030070062
BOYNTON VENTURES I LLC 118 SE 4TH ST 08434528030070081
BOYNTON VENTURES I LLC SE 1ST PL 08434528030070082
BOYNTON VENTURES I LLC 501 SE 1ST AVE ~8434528030070083
BOYNTON VENTURES I LLC 514 SE 1ST PL 08434528030070091
BOYNTON VENTURES I LLC 5115 SE 1ST PL 08434528030070111
BOYNTON VENTURES I LLC 115 S FEDERAL HWY 08434528030070112
BOYNTON VENTURES I LLC SE 1ST ST 08434528030070113
BOYNTON VENTURES I LLC 211 S FEDERAL HWY 08434528030120010
WPB:204993: 1
SKETCH OF DESCRIPTION
PORTION OF 20' ALLEY IN BLOCK 7
TO BE V ACA TED
ORIGINAL TOWN OF BOYNTON
(PB 1, PG 23, PBeR) .
S.E. 4th STREET
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PROJECT NO: 02-0598A.OO"J ' bJ I
FILE NAME: X:\CAO\SURVEY\0598AOO\SKETGHES).,0598VACA
SKETCH OF DESCRIPTION
REVISIONS
NOO.02'09"E
SCALE: ,. =4
POINT OF
BEGINNING
SW CORNER
LOT 7, BLK 7
WEST LINE
~OT 7"_
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LOT 6. BLK 7
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E UNE -LOT 6
500.02'og"W
10.00' LD
OR!GI~'~AL TOWN OF 80YNTO~~
BOOK i, PAGE 23
7
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-SURVEY -mirES: .!
1. THIS IS NOT A BOUNDARY i SURVEY.
2. BEARINGS SHOWN HEREON! ARE
ASSUMED AND ARE RELATIVE To [THE
WEST RIGHT OF WAY UNE OF! FEDERAL
-.;;:j- HIGHWAY. SAID UNE BEARS SOUTH
Ocr02'09" WEST. .
3. LANDS SHOWN HEREON WERE' NOT
ABSTRACTED BY SHAH, DROTClS &:
ASSOCIATES FOR RIGHTS-OF..!..WAY.
~NfRSHIP~OTHER
INSTRUMENTS OF RECORD. ! I
I
FO iTHE FIRM, BY:
N
n
MIC L D. ROSE
PROFESSIONAL SURVEYOR. AND t.4APP~
_ --FLORIDA BEGlSIBAIlON.....NO. 3998
l 1
UNLESS IT BEARS THE SIGNATURE AND iTHE ORIGI RAISED
SEAL OF A FLORIDA UCENSED SURVEYOR AND PER THIS
W IS FOR INFORMATIONAL PURPOSES, ONLY AND IS NOT VALID
SHEET 2 OF 2 SHEETS
I
MDR 08/01/05
DWN DATE FB/PG
MDR
CHKD
C'... _ ~ SHAH I ENGINEERING
5.i..iti. DROTOS SURVEYING
& A 5 5 0 C I ATE S PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
3410 N. Andrews Avenue Ext. Pompano Beach. FL 33064
PH: 954-943-9433 . FAX: 954-783-4704
LAND DESCRIPTION
PORTION OF 20 FOOT WIDE ALLEY
(5. E. 1 st PLACE)
TO BE VACATED
A portion of that certain 20.00 foot wide alley lying adjacent to lots 6 through 9, together with the
south half of said alley lying north of and adjacent to lot 10, all in Block 7, ORIGINAL TOWN OF
BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public
Records of Palm Beach County, Florida, more particularly described as follows:
BEGINNING at the southwest comer of said Lot 7;
THENCE South 880S9'27" East along the south line of lots 7 and 6, a distance of 100.00 feet to
the southeast comer of said Lot 6;
THENCE South 00002'09" West along the southerly extension of the east line of said lot 6, a
distance of 10.00 feet to the centerline of said 20.00 foot wide alley;
THENCE South 880S9'27" East, along said centerline, 50.00 feet to an intersection with the
northerly extension of the east line of said Lot 10;
THENCE South 00002'09" West, along said northerly extension, 10.00 feet to the north line of said
Lot 10;
THENCE North 88059'27" West, along the north line of said Lots 10, 9 and 8, a distance of 1S0.00
feet to the east right-of-way line of Southeast 4th Street;
THENCE North 00002'09" West, along said east right-of-way line, 20.00 feet to the POINT OF
BEGINNING.
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2500
square feet (0.OS7 acre), more or less.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES
3410 N Andrews Avenue Extension
Pompano Beach, Florida 33064
Prepared by: MDR
Checked by: MDR
Project No.: 02-0S98A
File Name: X:\cad\survey\OS98AOO\Sketches\OS98V ACA. WEST. WPD
June 1, 200S
SHEET 1 OF 2 SHEETS
I Ruden
~~ McClosky
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(954) 527-2476
FAX: (954) 333-4076
BONNIE.MISKEL@RUDEN.COM
June 15,2005
The Arches at Boynton Beach
Abandonment of SE 1 st Place (20' Alley)
Boynton Ventures I, LLC, the "Applicant", requests the abandonment of the western
portion (the remainder) of SE 1 st Place. SE 1 st Place is a 20' -wide alley that was dedicated to
the public via the Original Town of Boynton plat (PB 1, Pg 23, PBCR) (the "20' Alley"). The
eastern portion of the 20' Alley was vacated in 2003 (Ordinance No. 03-021), but the subject
area was not included because the abutting owners were not interested in vacating the right-of-
way. The Applicant acquired the abutting properties in April, 2005, and desires for the City to
vacate the 20' Alley to facilitate the redevelopment ofthe area.
All utilities located within the 20' Alley will be relocated or protected with easements.
Letters from the applicable utility companies are attached.
Concurrent with this abandonment request, the Applicant is requesting a major site plan
modification to The Arches at Boynton Beach. This amendment incorporates additional land
area (the aforementioned abutting properties) into the mixed-use project. The requested vacation
of the 20' Alley will allow the entire City block to be redeveloped with a unified redevelopment
plan (The Arches at Boynton Beach).
The Applicant is the sole property owner abutting the 20' Alley. The requested vacation
will not prevent other property owners from access to and from their property, and will not
adversely impact other properties. The subject area is under the control and jurisdiction of the
City of Boynton Beach.
WPB:206082:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Return 10: (enclose self-addressed slampr 'elope)
Name
Addr8S5:
11111111111111111111'1
87/07/2883 11:28:34 28eJi396144
DR BK 15483 PO eJ7S
Palm Beach County, Flo~ida
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\~// AN ORDINANCE OF THE CITY OF BOYNTON
/).0 BEACH, FLORIDA, AUTHORIZING
~::'!':~ ABANDONMENT 0 F A PORTION 0 F A 20 FOOT
\() f2.~ WIDE ALLEY, LOCATED BETWEEN S.
'_.f ..)'fEDERAL HIGHWAY AND S.E. 4TH STREET,
\?~. JECT TO STAFF COMMENTS; MORE
y?~TICULARL Y DESCRIBED HEREIN;
'(ri\l1tJfORIZING EXECUTION OF A DISCLAIMER
:PQR;~? THIS ABANDONMENT WHICH
D!$CLAIMER SHALL BE RECORDED IN THE
P~C)f-ECORDS OF PALM BEACH COUNTY,
FL~; AND PROVIDING AN EFFECTNE
DAT. _~
WHEREAS, J:~t and agent for Boynton Ventures. 1 LLC, Nancy C.
Graham, is requesting thJ ~" 'onment of a portion of a 20 foot wide alley, located
between S. Federal HighW~:s') 4th Street, subject to staff comments; and
WHEREAS, comm~.i( been solicited from the appropriate City
Departments, and public hean /~\At~~e-\been held before the City's Planning and
Development Board, the Comm ~)~~cWelopment Agency, and the City Commission
on the proposed abandonment; \(>-;=::;,
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NOW, THEREFORE, BE I~:qJ.>~D BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEAC ~--6RIDA THAT:
-$
Section I. The foregoing Wher{aS~lauses are true and correct and
incorporated herein by this reference. \.~'::'r:':'':.\
I . P
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Section 2. The City Commission oft~~i!X~tBoynton Beach, Florida, does
hereby abandon a portion of a 20 foot wide all~;~t;'\IQI;.a!dft between S. Federal Highway
and S.E. 4th Street, subject to staff comments, and'inorir~cularly described as follows:
~::.~
A portion of that certain 20-foot alley adjacent to Los 1 through 4 and Lots
11 through 14, together with the north half of said alley lying south of and
adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON,
according to the plat thereof as recorded in Plat Book 1, Page 23 of the
Public Records of Palm Beach County, Florida.
ORDINANCE NO. 003-oAt
Section 3. The City Manager is hereby authorized and directed to execute and
deliver the attached Disclaimer and cause the same to be filed in the Public Records of
Palm Beach County, Florida.
:v:.AVJrdln."Cft~mentI\Arch.. Abandonment.~
BOOK --483 PQSE 1376
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Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of Ju.r\~ ,2003
SECOND, FINAL READING AND PASSAGE THIS 12- day of
:Ju.t'\e. . 2003.
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The CitlJ ol Bo1]nton BeAch
.AJOf(J5483
Darathy H. Wi ~ 8377
.n, Cl.rk
Clt'.l Clerk', CUice
lOOEBOYNTON BFACH BLVD
BOYNTON BFACH R. ,3.J.4,3,
CJ61)742~
PAX: (~1)742..6090
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I, BON~~- GL.I~KI, DEPUTY CITY CLERK of the City of Boynton Beach,
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Florida, do hereb(@Jfy that the attached Ordinance #003-021 consisting of two
....~_.-
(2) pages are true and...PQrrect copies as they appear In the records of the City 01
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Boynton Beach, Florl~/;::.;\
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WITNESS, my hand-~nd the corporate seal of the CITY OF BOYNTON
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BEACH, FLORIDA, this 23rd ~l June, 2003.
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America's Gateway to the Gulfstream
--'
@ BELLSOUTH
BellSouth Telecommunications, Inc.
Engineeri~g Department
....,QI\..-IilIl~ -'-.-,
+.... .... Dr ",e...- ~..
Office: 561 988-6507
Fax: 561 964-3499
June 29, 2005
Bharat Shah, P.E.
SDA & Associated
3410 N. Andrews Ave Ext.
Pompano Beach, FL 33064
Ryan Weisfisch
Boynton Ventures 1
3050 Aventura Blvd. 3rd FL.
Aventura, FL 33180
Re: Manhole Access & Easement Agreement for the Arches.
Mr. Weisfisch,
This is to inform you that based on our field meetings BellSouth will provisionally
agree to a Statement of No Objection to the proposed abandonment of the 20' alleyway,
sidewalks, SE 1ST AV and construction of The Arches at Boynton Beach.
The conditions will include but are not limited to the following:
. A Utility Easement will be provided to support BellSouth's main conduit system that
is underground through the existing alley and rights of way.
. Relocation costs to rearrange existing telecommunication lines in the vicinity of the
project.
. BellSouth will require conduit structure for future cable placements under an area
of the proposed project where construction of conduit would not be practical after
completion of the Arches Project. (Define where the conduit will be required start to
end generally an area under the proposed building)
. Vehicular access of to the area where the existing BellSouth Manhole is located
twenty-four hours/seven days a week. The access must have a width of no less
than Fifteen (15) feet for agreement.
Please contact my office to discuss the conditions of this concurrence.
Sincerely,
Stephen R. Buck
a.s.p. Specialist
Cc: Robert C. Lowen, Douglas E. Hewlett.
@ BE1,lS0(JrH'
June 10, 2005
BellSouth Telecommunications, Inc.
321 SE 2nd Street 2m! Floor
Delray Beach, Fl33444
Bharat Shah, P .E.
SDA & Associated
3410 N. Andrews Ave Ext
Pompano Beach, FL 33064
.And-
Ryan Weisfisch
Boynton Ventutes 1
3050 Aventura Blvd. 3rd Floor
A ventura, Fl 33180
Re: Manhole Access
Mr. Weisfisch,
This is to infonn you. that based on om meeting and review of The Arches Proposed site
plan, BellSouth Telecommunications, Inc. will agree to 8. Statement of No Objection to
the proposed abandonment of the alley and construction of the Arches at Boynton Beach.
The only condition is that there is vehicular access to the existing BellSouth manhole
location, 24 hoursn days a week. The access must have a width of no less than Fifteen
(15) feet for agreement.
Shou.ld you have any further questions in regards to this matter, do not hesitate to contact
me directly.
. "tl . _ --/..((. ")
Smcerely. "'--., ..~,J /} '~/).I'. _ /<:.. .
..' ~w~..., &1:.",C.,.. ,___..
..r.-.....,....- ~I,
{ ,
Stephen R. Buck
Specialist
Outside Plant Engineers
n ~
L).~_..
PAGE 2/2t RCVD AT 6115/200510:33:49 AM IEastern Daylight TimW SVR:FTLWEB115 * DNIS:3442 t CSID: t DURATION (mm-ss):OO.32
WED/JUN/15/2005 07:53 AM ADELrtiIA CABLE
FAX No. 561 640 Jj96
P.OOl/OOI
-A'. d' .. '#1'.' ...
. ...e'p' '1' a:".'
.. ...
. . .
. . .
. .. .. .. '. . , . .
1401 NorthpointParlcway
West Palm Beach, F133407
Wednesday June 15,2005
Kim Glas-Castro, AI CP
Ruden McClosky
222 Lakeview Avenue
WestPaIm Beach, Florida 33401-6112
RE: Vacation of SE 1 st Ave and SE 1 st Pla~ City of Boynton Beach.
Easement Abandonment
Dear Mrs. Glas-Castro.
Please Be Advised .. .Adelphia has existing / active co~ plant within the limits of your
request.
Please note, ,.. witlrin your plan, should it become necessary for Adelpbia to relocate its
plants within the limits of your project, please contact me for further coordination.
Should you have any other questions, please feel free to call me at 1-561-656-8931 Fax
Numbers - 1-561-640--3996 or E-mail address/mike.west@adelpbia.com
Sincerely,
JI~GQLg
Michael West
Construction Coordinator'
PAGE 1/1 ~ RCVD AT 6/1512005 8:49:47 AM [Eastern Da~ight Timel * SVR:FTLWEB117 * DNIS:3442 * CSID:561640 3996 * DURATION (mm-ss):D048
A
FLORIDA PUBLIC
UTiliTIES
FPU Ref.: #001
6/13/05
222 Lakevicw A venue, Suite 800
WPB, PI 33401-6112
RE: Vacation of SE 1 5t Avenue and SE 15t Place, Boynton Beach
Dear Kim Glas-Castro,
Please be advised that Florida Public Utilities Company has existing gas facilities within referenced
area. We must, therefore, object to your request unless one of the following indicated conditions is
met:
~ A. All related relocation expenses will be paid by the party requesting the abandonment
by the date specified by Florida Public Utilities Company.
"'f... B. A separate easement must be granted to Florida Public Utilities Company within the
referenced area. All related easement expenses will be paid by the party requesting
abandonment by the date specified by Florida Public Utilities Company.
C. Abandonment of existing facilities within the referenced area is possible provided all
related abandonment costs will be paid by the party requesting abandonment by the
date specified by Florida Public Utilities Company. '
If you have any questions or if! can be of any further assistance, please contact me at (561)838-1787.
Sincerely,
on. 1
Engineering Tech.
Encl.
401 South Dixie Hwy. L West Palm Beach, Florida 33401 L Phone: 561.832.0872 A www.fpuc.com
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A.L.T.A. COMMITMENT
CmCAGO TITLE INSURANCE COMPANY
SCHEDULE A
Office File Number
300506758
Effective Date
May 24, 2005
at 11:00 p.m.
Commitment Number
1. Policy or Policies to be issued:
ALTA OWNER'S POLICY, Form B (amended 10/17/92)
with Florida Modifications $ To Be Determined
Proposed Insured:
To Be Determined
ALTA LOAN POLICY (amended 10/17/92)
with Florida Modifications
Proposed Insured:
$ N/A
N/A
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a
fee simple, and title thereto is at the effective date hereof vested in:
The City of Boynton Beach, Florida
3. The Land is described as follows:
PORTION OF S.E. 1ST AVENUE TO BE VACATED:
That certain 40.00 foot wide right-of-way bounded on the north by the
south line of Block 7, on the south by the north line of Block 12, on the
east by the west right-of-way line of Federal Highway (U.S. Highway No.
1) and on the west by the east right-of-way line of S.E. 4th Street, all
in the ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as
recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach
County, Florida, being more particularly described as follows:
Commencing at the southwest corner of Lot 8 in said Block 7;
WPB:206922:1
Note: This Commitment consists of insert pages labeled in Schedule A,
Schedule B-Section 1, and Schedule B-Section 2. This Commitment is of no force and effect unless all schedules are induded, along
with any Rider pages incorporated by reference in the insert pages.
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (continued)
Commitment Number: 300506758
Thence South 88 degrees 59'27" East along the south line of said Block 7,
a distance of 5.00 feet to the Point of Beginning;
Thence continue along said south line, South 88 degrees 59'27" East,
335.01 feet;
Thence South 00 degrees 02'09" West, 51.80 feet to a point of cusp on the
west right-of-way line of Federal Highway (U.S. Highway No.1, State Road
No.5) ;
Thence northwesterly along the arc of a curve concave to the southwest,
having a radius of 12.00 feet, a central angle of 89 degrees 01'36", an
arc distance of 18.65 feet to the point of tangency;
Thence North 88 degrees 59'27" West, along the north line of said Block
12, a distance of 323.21 feet to the east right-of-way line of S.E. 4th
Street;
Thence North 00 degrees 02'09" East, along said east right-of-way line,
40.01 feet to the Point of Beginning.
Said lands lying in the City of Boynton Beach, Palm Beach County,
Florida.
PORTION OF 20 FOOT WIDE ALLEY (S.E. 1ST PLACE) TO BE VACATED:
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6
through 9, together with the south half of said alley lying north of and
adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according
to the plat thereof, as recorded in Plat Book 1, Page 23, of the Public
Records of Palm Beach County, Florida, more particularly described as
follows:
Beginning at the southwest corner of said Lot 7;
Thence South 88 degrees 59'27" East along the south line of Lots 7 and 6,
a distance of 100.00 feet to the southeast corner of said Lot 6;
Thence South 00 degrees 02'09" West along the southerly extension of the
east line of said Lot 6, a distance of 10.00 feet to the centerline of
said 20.00 foot wide alley;
WPB:206922:1
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A (continued)
Commitment Number: 300506758
Thence South 88 degrees 59'27" East, along said centerline, 50.00 feet to
an intersection with the northerly extension of the east line of said Lot
10;
Thence South 00 degrees 02'09" West, along said northerly extension,
10.00 feet to the north line of said Lot 10;
Thence North 88 degrees 59'27" West, along the north line of said Lots
10, 9 and 8, a distance of 150.00 feet to the east right-of-way line of
Southeast 4th Street;
Thence North 00 degrees 02'09" West, along said east right-of-way line,
20.00 feet to the Point of Beginning.
Said lands lying in the City of Boynton Beach, Palm Beach County,
Florida.
WPB:206922:1
. ,
A.L.T.A. COMMITMENT
CmCAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 1
Commitment Number: 300506758
I. The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly flied for record.
a) Resolution from the City of Boynton Beach, Florida, abandoning those
portions of S.E. 1st Avenue and the 20-foot Wide Alley (S.E. 1st Place)
as described in Schedule A herein.
b) Ordinance from the City Manager of the City of Boynton Beach, Florida,
authorizing the Resolution required in l(a) above.
2. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and
payable.
4. The actual value of the estate or interest to be insured must be disclosed to
the Company, and subject to approval by the Company, entered as the amount of
the policy to be issued. Until the amount of the Policy to be issued shall
be determined and entered as aforesaid, it is agreed that as between the
Company, the applicant for this Commitment, and every person relying on the
Commitment, the Company cannot be required to approve any such evaluation in
excess of $100,000.00, and the total liability of the Company on account of
this Commitment shall not exceed said amount.
5. The names or names of the proposed insured under the policy must be furnished
and this commitment is subject to such further exceptions and/or requirements
as may then be necessary.
FOR INFORMATIONAL PURPOSES ONLY:
vested Owner as to the properties located along the boundaries of the proposed
vacated legals that are described in Schedule A herein.
Boynton Ventures I, LLC, a Florida limited liability company, by virtue of
warranty Deeds recorded in Official Records Book 18074, Pages 845, 848 and 850
and Official Records Book 18256, Pages 1759 and 1761, of the Public Records of
Palm Beach County, Florida.
WPB:206922:1
A.L.T.A. COMMITMENT
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 1 (continued)
Commitment Number: 300506758
WPB:206922:1
A.L.T.A. COMMITMENT
CmCAGO TITLE INSURANCE COMPANY
SCHEDULE B - Section 2
Commitment Number: 300506758
n. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed oCto the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereto but prior to the date the proposed Insured acquires
for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
a. Rights or claims of parties in possession not shown by the public records.
b. Easements, or claims of easements, not shown by the public records.
c. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an
accurate survey and inspection of the premises.
d. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
e. Taxes or special assessments which are not shown as existing liens by the public records.
f. Any claim that any portion of said lands are sovereign lands of the State of Florida, including
submerged, filled or artificially exposed lands and lands accreted to such lands.
g. Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable.
3. Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey and surveyor's
report and inspection of the premises is made.
4. Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit-indemnity from the
party shown in title and in possession stating who is in possession of the lands and whether there are
improvements being made at date of commitment or contemplated to commence prior to the date of closing
which will not have been paid for in full prior to the closing.
5. Plat of BOYNTON as recorded in Plat Book 1, Page 23, of the Public Records of
Palm Beach County, Florida.
6. Subject to unrecorded Utility Easements.
WPB:206922:1
CmCAGO TITLE INSUIDt'NCE COMPANY
2701 Gateway Drive, Pompano Beach, Florida 33069
Broward: Dade:
Fax (954) 971-4111 Fax (888) 824-8400
Phone (954) 971-2200 Phone (305) 265-7000
[]=Via Fax []=UPS Overnight []=U.S. Mail []=Hand Deliver
Palm Beach:
Fax(888)824~00
Phone (407) 433-0515
@
June 21,2005
Re: Our File No.
Your File No.
With regard to the above captioned matter, enclosed herewith please find the following:
1. Chicago Title Insurance Company ALTA Commitment.
2. Chicago Title Insurance Company Invoice.
3. Chicago Title Insurance Company ALTA Owner's Policy.
4. Chicago Title Insurance Company ALTA Loan Policy.
5. Endorsement No.
6. Copies of Documents
7. Abstract
8. Excess Authorization
9. Update Form. (After your closing, please fax to our Customer Service Dept. at (888) 824-8400)
10. Diskette
11.
If we can be of further assistance to you, please do not hesitate to contact the undersigned.
Sincerely yours,
CmCAGO TITLE INSURANCE COMPANY
WPB:206922:1