R96-026 RESOLUTION R96-~F~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING A PRIOR BOYNTON BEACH MALL DRI
DEVELOPMENT ORDER, ADOPTED ON NOVEMBER
16, 1992, AND FURTHER AMENDED ON DECEMBER
19~ ~1989 AND MARCH 5, 1991, MAKING
FINDINGS AND CONCLUSIONS OF LAW
PERTAINING TO THE BOYNTON BEACH MALL~ A
DEVELOPMENT OF REGIONAL IMPACT, AND
CONSTITUTING THIS RESOLUTION AS A
DEVELOP~NT ORDERBY THE CITY OF BOYNTON
BEACH IN COMPLIANCE WITH LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has
had a Development Order (the "Original Development Order")
approved by the Board of County Commissioners of Palm Beach
County ("Resolution No. R-74-343) on May 7, 1974 which was
adopted by the City on No~ember 16, 1982; which permitted
1,108,000 square feet of gross~ leasable area; and
WHEREAS, the Development Order was amended on December
19, 1989 and further amended on March 5, 1991 permitting
1,244,449 square feet of gross leasable area; and
WHEREAS, Applicant has filed a Notice of Proposed Change
to a previously approved
("Notice of Proposed Change"
Florida, in accordance with
and
WHEREAS, Applicant pz
1,244,449 square feet of
space on the real propert~
forth in Exhibit "A" and loc
Florida; and
Development of Regional Impact
with the City of Boynton Beach,
~'ection 380.06, Florida Statutes;
oposes to construct a total of
~ommercial retail gross leasable
whose legal description is set
~ted in the City of Boynton Beach,
WHEREAS, the City Commission as the governing body of the
City of Boynton Beach having
380, Florida Statutes, is au
Notices of Proposed Change
for Developments of Region~
has determined that the prop
substantial deviation under
jurisdiction, pursuant to Chapter
thorized and empowered to consider
to the current Development Order
~1 Impact and the City Commission
osed change does not constitute a
Shapter 380, Florida Statutes; and
WHEREAS, the City Commission on the 20th day of February,
1996, held a duly -noticed public hearing on the Notice of
Proposed Change and has heard and considered the testimony
taken thereat; and
WHEREAS, the Applicant shall submit a Site Plan which
shall comply with all ordinances and requirements of the City;
and
WHEREAS, the City Commission has received and considered
the recommendations of the Treasure Coast Regional Planning
Council; and
WHEREAS, the City Commission has made the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. The proposed Development is not in an Area of
Critical State Concern desmgnated pursuant to the provisions
of Section 380.06, Florida Statutes;
2. The State of Florida has not adopted a land
development plan applicable to the area in which the proposed
Development is to be located;
3. The proposed Development ms consistent with the
report and recommendations of the Treasure Coast Regional
Planning Council submitted pursuant to Section 380.06(12),
Florida Statutes;
4. The proposed Development is consistent with the
local comprehensive plan, zoning and development laws and
regulations of the City.
5. The Notice of Proposed Change does not constitute a
substantial deviation from the previously approved Development
Order.
6. The premises are correct and hereby accepted by the
City.
CONCLUSIONS OF LAW
NOW, THEREFORE BE IT
THE CITY OF BOYNTON BEACH,
~., That in
and assembled this 20th
~ESOLVED BY THE CITY COMMISSION OF
FLORIDA:
public meeting, duly constituted
lay of February, 1996, that the
Development of Regional Impact Application for Amended
Development Approval approved March 5, 1991 is hereby
modified, by replacing the conditions, restrictions and
limitations under the headings "CONCLUSIONS OF LAW" and
"CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in
Resolution R91-37 with the following conditions, restrictions
and limitations:
Application for Development Approval
1. The Notice of Proposed Change by Boynton-JCP
Associates, Ltd. is incorporated herein by reference and
relied upon by the Parties in discharging their statutory
duties under Chapter 380, Florida ~. The Applicant is
Boynton-JCP Associates, Ltd. and shall hereafter include the
successors and assigns of Boynton-JCP Associates, Ltd.
Substantial compliance with the representations contained in
the Notice of Proposed Change as modified by the terms and
conditions herein is a condition of approval. For purposes of
this condition, the Development Order shall include those
matters submitted in the Notice of Proposed Change to a
previously approved Development of Regional Impact dated
September 13, 1995 and revised December 1995.
Commencement and Progress of Development
2. Failure to initiate construction and physical
development within two years from the effective date of this
Resolution or failure to maintain reasonable progress toward
completion of the development after having initiated
construction in a timely manner, may constitute a substantial
deviation and the development shall be submitted to further
review pursuant to Section 380.06, Florida Statutes.
Construction shall be deemed to have been initiated and
physical development commenced after placement of permanent
evidence of a structure (other than a mobile home) on a site~
such as the pouring of slabs or footings or any work beyond
the stage of excavation or land clearing.
Termination D~t~
3. This Development Order shall terminate on December
31, 2010 unless extended by the City Commission. Nothing
herein shall limit or extinguish any vested rights of the
Applicant, its successors or assigns regarding the existing
square footage of gross leasable area of the existing Boynton
Beach Mall.
CONDITIONS OF DEVELOPMENT ORDER AS AMENDED
1. Except as specifically amended heremn, all
conditions specified in the Original Development Order
(Resolution No. R-74-343) and subsequent amendments to the
Development Order for Boynton Beach Mall shall remain in full
force and effect.
2. Prior to issuance of a Building Permit for
construction of additional square footage pursuant to this
Amended Development Order, the Applicant shall cause the
preservation as a native habitat preserve in perpetuity of
that area described as "Limits of Pine Area" shown on Exhibit
"1" in the northwest quadrant of the site by recording
appropriate Restrictive Covenants which, prior to recording,
shall be approved by the Treasure Coast Regional Planning
Council and the City of Boynton Beach.
3. Prior to commencing construction activity within the
parcel containing the area to be preserved, (described by
"Limits of Pine Area" shown on Exhibit "1"), the preserve area
shall be temporarily fenced or otherwise delineated to prevent
construction equipment from entering the area.
4. Ail Brazilian pepper, Australian pine, and Melaleuca
on the site (including within the Limits of the Pine Area)
shall be removed within two years after the effective date of
this Resolution and prior to issuance of a certificate of
occupancy for any building constructed pursuant to this
Amended Development Order. These species shall not be used in
landscapmng.
5. A landscaped buffer along the west boundary of the
Pine Area and adjacent to Javert Street shall be provided in
accordance with the plan attached as Exhibit "1"
6. A. The use of grassy swales to pretreat runoff
before conveying any runoff to the detention ponds shall be
utilized in the new parking lot additions, (and the parking
lots shall be swept weekly) as shown on the Site Plan (Exhibit
B. Littoral zone planting shall be established
around the existing detention ponds utilizing native woody
species. Prior to construction and planting of the littoral
zones, the Applicant shall prepare a design and management
plan for the littoral zone to be reviewed and approved by the
Treasure Coast Regional Planning Council in consultation with
the City of Boynton Beach and the South Florida Water
Management District. The Plan shall (1) include a Plan view
and site location; (2) include a typical cross section of the
detention pond; (3) specify how vegetation is to be
established within the littoral zones; and (4) provide a
description of any monitoring and maintenance procedures to be
followed in order to assure the continued viability and health
of the littoral zones. No Certificate of Occupancy shall be
issued for any additional square footage constructed pursuant
to this Development Order until the Plan is determined to be
consistent with the Regional Plan. Wherever possible a
minimum of ten square feet of vegetated littoral zone per
linear foot of shoreline shall be established so that a least
sixty percent of the shoreline has a vegetated littoral zone.
Alternate design may be necessary due to physical constraints
inherent mn retrofitting these existing detention ponds. The
littoral zone shall be in place prior to the issuance of a
Certificane of Occupancy for any additional square footage to
be constructed under this Development Order.
7. Under no circumstances shall pOst-development runoff
volumes exceed predevelopment runoff volumes for a storm event
of three-day duration and 25-year renurn frequency.
8. No building permit shall be issued for construction
of any additional square footage under this Amended
Development Order, until the developer shall prepare a
hazardous materials management plan for the expansmon and the
plans have been approved by the Treasure Coast Regional
Planning Council and the City of Boynton Beach. l~ne plan
shall:
A. Require disclosure by tenant of all hazardous
materials proposed to be stored, used, or generated on the
premises;
B. Provide minimum standards and procedures for
storage, prevention of spills, containment of spills, and
transfer and disposal of such materials;
C. Provide for proper maintenance, operation, and
monitoring of hazardous materials management systems,
including spill and containment systems;
D. Detail actions and procedures to be followed
in case of an accidental spill;
Guarantee financial responsibility for pill
clean-up; and
F.
Require the inspection of premises storing,
using, or generating hazardous materials prior to commencement
of operation and periodically thereafter, to assure that the
provisions of the plan are being implemented.
9. No building permits for gross leasable space in
excess of 1,108,000 square feet within the Boynton Beach Mall
shall be issued until all right-of-way within the project
boundarmes have been dedicated, free and clear of all liens
and encumbrances, to the City of Boynton Beach or Palm Beach
County as necessary and consistent with the Palm Beach County
Thoroughfare Right-of-way Protection Plan. No further
dedications are necessary to implement the Proposed Change.
10. No building permits shall be issued for the Boynton
Beach Mall for gross leasable space in excess of 1,108,000
square feet until contracts have been let for the following
roadway improvements:
A. Construct Old Boynton West Road between Military
Trail and Lawrence Road as a four-lane divided roadway.
No Certificate of Occupancy shall be issued for the
Boynton Beach Mall for gross leasable space in excess of
1,108,000 square feet until the improvements under A above
have been completed. With respect to the construction of the
roadway improvements, if the Treasure Coast Regional Planning
Council (hereinafter the "Council") makes a change in its
adopted Regional Comprehensive Policy Plan (hereinafter the
"Plan") which does the following: (i) modifies its Level of
Service standard for the Regional Roadway network; or (ii)
modifies the methodoloqy utilized to calculate the adopted
Level of Service; or (iii) modifies the method of calculating
background traffic, such that if this proposed change were
being reviewed under said modified policies none of the above
roadway improvements would be required to maintain the
Regional Roadway Network at the then applicable Council Level
of Service through project buildout, then this condition will
be terminated without further action by the City Commission or
the Council.
11. No Building Permits shall be issued for the Boynton
Beach Mall for gross leasable space in excess of 1,108,000
square feet until contracts have been let to construct to the
following intersection configurations, including
signalizations modifications as warranted by City, County or
State criteria:
A. Hypoluxo Road/Congress Avenue
Northbound Southbound
one rmght-turn lane one right-turn lane
two through lanes two through lanes
one left-turn lane one left-turn lane
Eastbound Westbound'
one right-turn lane one-right turn lane
two through lanes two through lanes
two left-turn lanes two left-turn lanes
B. Northwest 22nd Avenue/Congress Avenue
Northbound Southbound
one right-turn lane one right-turn lane
two through lanes
one left-turn lane
Eastbound
one rmght-turn lane
one through lane
one left-turn lane
one through lane
one left-turn lane
Westbound
one right-turn lane
two through lanes
one left-turn lane
Co
Northbound
one right/through lane
two through lanes
one left-turn lane
Eastbound
one right/through lane
one through lane
one left-turn lane
Old Boynton West Road/Congress Avenue
Southbound
one right/through lane
two through lane
one left-turn lane
Westbound
one right/through lane
one through lane
one left-turn lane
Avenue
Northbound
one right-turn lane
three through lanes
two left-turn lanes
Eastbound
one right-turn lane
three through lanes
two left-turn lanes
New Boynton Beach Boulevard/Congress
Southbound
one right-turn lane
three through lanes
two left-turn lanes
Westbound
one right-turn lane
three through lanes
two left-turn lanes
Eo
Northbound
Not Applicable
Eastbound
one-right turn lane
three through lanes
New Boynton Beach Boulevard/I-95 West
Southbound
one right-turn lane
two left-turn lanes
Westbound
two through lanes
one left-turn lane
Fo
Northbound
one right-turn lane
two left-turn lanes
New Boynton Beach Boulevard/I-95 East
Southbound
Not Applicable
Eastbound
two through lanes
one left-turn lane
Westbound
one right-turn lane
three through lanes
Ail configurations shaI1 be constructed and permitted in
accordance with City, County and State criteria.
No Certificate of Occupancy shall be issued for the
Boynton Beach Mall for gross leasable space in excess of
1,108,000 square feet until the improvements under A through
F have been completed. With respect to the construction of
the intersection improvements, (including signalization
modifications) if the Treasure Coast Regional Planning Council
(hereinafter the "Council") makes a change in its adopted
Regional Comprehensmve Policy Plan (hereinafter the "Plan")
which does the following: (i) modifies its Level of Service
standard for the Regional Roadway network; or (ii) modifies
the methodology utilized to calculate the adopted Level of
Service; or (iii) modifies the method of calculating
background traffic, such that if this Proposed Change were
being reviewed under said modified policies none of the above
intersection improvements (including signalization
modifications) would be required to maintain the Regional
Roadway Network at the then applicable Council Level of
Service through project buildout, then this condition will be
terminated without further action by the City Commission or
the Council.
12. Prior to, or upon issuance of a building permit for
the additional square footage, the Applicant shall pay a fair
share contribution consistent with the Fair Share Impact Fee
Ordinance applicable to the Boynton Beach Mall Proposed
Change.
13. No additional building permits shall be issued two
years after the effective date of this Resolution unless a
traffic study has been conducted by the developer, and
submitted to and approved by Palm Beach County, the City of
Boynton Beach and the Treasure Coast Regional Planning Council
that demonstrates that the regional road network can
accommodate a specified amount of additional Boynton Beach
Mall generated traffic and growth in background traffic beyond
two years after the effective date of this Resolution and
still be maintained at Level of Service C during annual
average daily traffic and Level of Service D during the peak
season, peak hour conditions. The traffic study shall:
A. Be conducted in the peak season (January-March); and
B. Identify the improvements and timing of those
improvements necessary to provide Level of Service C under
annual average daily traffic conditions and Level of Service
D under peak hour, peak season conditions for the subject
transportation network during the projected completion of the
project, including project impacts and growth in background
traffic.
Additional building permits shall not be issued until a
new project phasing program and roadway improvement program
(necessary to maintain Level of Service C annual average daily
and Level of Service D peak season, peak hour operating
conditions) has been approved by Palm Beach County, the City
of Boynton Beach, and the Treasure Coast Regional Planning
Council for the remainder of the development.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved
plans or requirements of this Development Order shall be
submitted to the Planning Director for a determination by the
City Commission of the City of Boynton Beach as to whether the
change constitutes a substantial deviation as provided in
Section 380.06(19), Florid~ Statutes. The City Commission of
the City of Boynton Beach shall make its determination of
substantial deviation at a public hearing after notice to the
Applicant.
2. The City of Boynton Beach shall monitor the
development of the project to ensure compliance with this
Development Order. The City of Boynton Beach Planning
Director shall be the local official assigned the
responsibility' for monitoring the development and enforcing
the terms of the Development Order. The Planning Director may
require periodic reports of the Applicant with regard to any
item set forth in this Development Order.
3. The Applicant shall submit an annual report as
required by Section 380.06(18), Florida Statutes. The annual
report shall be submitted on the anniversary date of the
adoption of the Development Order and shall include the
following:
A. Any changes in the plan of development, or in
the representations contained in the Application for
Development Approval, or zn the phasing for the reporting year
and for the next year;
B. A summary comparison of development activity
proposed and actually conducted for the year;
C. Undeveloped tracts of land that have been sold,
transferred, or leased to a successor developer;
D. Identification and intended use of the lands
purchased, leased or optioned by the Applicant adjacent to the
original site since the Development Order was issued;
E. An assessment of the Applicant's and local
Government's compliance with the conditions of approval
contained in this Development Order and the commitments
specified in the Application for Development Approval and
summarized in the Regional Planning Council Assessment Report
for the development undertaken;
F. Any request for substantial deviation
determination that was filed in the reporting year or is
anticipated to be filed during the next year;
G. An indication of a change, if any, in local
government jurisdiction for any portion of the development
since the Development Order was issued;
H. A list of smgnificant local, State, and federal
permits which have been obtained or which are pending by
agency, type of permit, permit number, and purpose of each;
I. The annual report shall be transmitted to the
City of Boynton Beach, the Treasure Coast Regional Planning
Council, the Florida Department of Community Affairs, the
Florida Department of Environmental Protection, and such
additional parties as may be appropriate or required by law;
J. A copy of any recorded notice of the adoption
of a Development Order or the subsequent modification of an
adopted Development Order that was recorded by the Developer
pursuant to Subsection 380.06(15), Florida Statutes; and
K. Any other information required by the City
Commission of the City of Boynton Beach or the Planning
Director to be included in the annual report.
4. The definitions found in Chapter 380, Florida
Statutes shall apply to this Development Order.
5. The City of Boynton Beach hereby agrees that before
December 31, 2010 the Boynton Beach Shopping Mall Development
of Regional Impact shall not be subject to down zoning, unit
density reduction, or intensity reduction, unless the City
demonstrates that substantial changes in the conditions
underlying the approval of the Development Order have
occurred, or that the Development Order was based on
substantially mnaccurate information provided by the
Developer, or that the change is clearly established by the
City of Boynton Beach to be essential to the public health,
safety, or welfare.
6. This Development Order shall be binding upon the
Applicant and its assignees or successors in interest. It is
understood that any reference herein to any governmental
agency shall be construed to mean any future instrumentality
which may be created and designated as successor in interest
to, or which otherwise possesses any of the powers and duties
of any referenced government agency in existence on the
effective date of this Development Order.
7. The approval granted by this Development Order is
conditional and shall not be construed to obviate the duty of
the Developer to comply with all other applicable local,
State, and federal permitting requirements.
8. In the event that any portion or section of this
Development Order is deemed to be invalid, illegal, or
unconstitutional by a court of competent jurisdiction, such
decision shall in no manner affect the remaining portions or
sections of this Development Order, which shall remain in full
force and effect.
9. This Development Order shall become effective
immediately upon adoption.
10. Certified copies of this Development Order shall be
transmitted immediately by certified mail to the Department of
Community Affairs, the Treasure Coast Regional Planning
Council, and Applicant.
PASSED AND ADOPTED in a public hearing held on this the
~ day of ~~ ., 1996.
City of Boyr~tonD~.~ch City Commission
~ayor ~
Vice Mayor k__~ _~
Ma~/~r Pro Tem -
Commissioner
Attest:
City Clerk
BB~allA~.Dev/Order
2/15/96
'EXHIBIT "A"
BOYNTOH BEAeI! HALL
116.364
A Creel: o£ %and looaeed.' in fleet'ion lg,.' ?ownahLp.4{ l{QUZh,
Range 43 Eaa~, County oe Palm Baaoh, Florida and turther
described aa ~o~lo~s~ ·
thence H 0O 59' 39" H along the ~aa~ i/ne o~ s'a.id* Section
19, a distance-oE IQ98.10 ~eet to a po[ntl, thence 6 89'
2~" H, a distance o~ 60.00 ~aa~ to 'a ~[nt on ~ha
rlghC-of-way line of Congress Avenue, ~aid pein: also being
:he prinoipal poi. nt and place of b=g[nnin~ of :he
deacriptibn~ · .
· hanua 8 86' 05'" 26" W, a d/aeanoa of 046.73 ~aae to i
Chance 8 43' 32' 54" H, a d/aeanoa oe 57.02 .~aa~ to a
:hence 8 00" 59' 39" E, a ~ia~anca o~ 258.27 Eaa~.~o a ~'in:{
U~en~a 9 ~6' 46' 44.2" B, a distance o~ ~99.60 ~aa~ ~o a
poin:{ ~hence 8 00' 59'. 39" ~, a dLa~ance-o~ 102.20 ~aa: Co a
point{ ~hanoa S 44* 46' 34"~e a dia~ance o~ L4.45 faa:
poLn~ on che not,hotly tlgh: o~-way line o: Boyn~on Ham: Road
(:o~me~ly old Boyncon Road}/ ~hanoa H 09' 46' 34" H, along
s~ld ~o~che~ly line, a dla~ance o: ~664.25 Eeee :o a ~ln~l.
:he~oa H 00' 51' 51" H, a dia~anea oE ~22G.05 ~aat ~o' a
poln:/ Ehanca X 0~' 90' 21" B, a d/sConce o~ 52.34 ~oaC
poinCl ~hanea 22~.~7 taa~ along a. cucva co :ha Iai:, having
radius o: 145.00 :aa: and a chord el 205.06 ~aa~, haa~lng ii
42' 50' 2L" ~, ~o ~ ~ln~{ thanda H 2' 0~' 39" H~ a .d/sCenes
o: 23.6T :ee~ ~o a poin:{ :hence 134.54 [ee~ along a curve
:o the ~ighc, having a tedium o: 240.00 ~aa~ and a chord
132.]0 ~aa~'~ bea~lng H 14'. Ol' 53.5" g ~o a poin~l :hence
234.5T ~aa~ along a curve :o Eha le:~, 'havin~ a ~adiua
320.00 [ea~ and .a chord o[ 229.36 :ea~, .bea~ing H {' 05' 26"
E Co a ~inb) ~hence N 1~' .54' 34" W, a dia~an~e o~ 70.00
fee: to a ~lnti ~henca' 294.96 feet, along a. curve to the
right, having, a radiha of 325.00 fee~ and a chocd of 284.94
fee~, bearin~ H ~4'-O5'" 26' E to a poin~l thence 293.22
alon~ a curve :o :he left, havin~ a radius'of 420.00 feet and
a chord of 28~.30 feet, beating H 2.0' 05' 26' B ~o a ~in:l
~hence N 00' 05' 26' g, a dls~anqe of 145'.00 fea~ ~o a ~lnt{
'thenbe Il 88' 05' 26" B, a dis:anco o~ 1738.97 fee~ :o a
po/n~{ ~henca S 00' '59e' 39" ~, a dEe:anco o~ 472.86 ~eek ~a a
point{ bhanoe H 08' 05' 26"B, a dia~ance oE 32a.a7 Eaak to a
poin~ on the ,emPathy ~na of C0ng~eaa'Avanua, eEan=a a
59' 39'"B, along said Haa~a~y ~ine~ a dia~ance of ~30.01 faa~
' ' '" ' ' " "'" ' I I ' '' II ' ' ' '
to a ~ln:~ thanes H 46 27 06 H~ a dia~ nco of 5{.~
~o a pointl ~he~ca 8 abe 05' 26" H, a dis:anco et 430.00 faa: ,
to a ~ln~{ :haUca 8 00' 59' 39" B, a dia~anoa of t0~.9.{ .faa~
:o ~ ~ln~{ ~hanca H ~8' 05' 26" B, a die,anna o~ 430.00
to' a ~ln~l ehanoe ~ 43' 32' 94" E, a d~a~anoa of 5~.0~
:o a poin~ on aha Haa:at~y ~ina o': Congtam.a Avanual :hanes
00' 5~' 39" g,'a~ong said Haa~at2y l~na, a diaean~a o~
fee: eo a poln~ 'Chance aadia~
Eeak ~o a ~in~l thence ~ OO' 59' 39" ~, a diet,naa oE 230.00
:aa: to a point{ thence H ORe 05' 26" ~, a dia~anca Og 340.00
~ee~ to a poin~l ~henoe ~ 00' 59' 39' ga A dis:aries o~ {50.00
fae~ eo A ~in~/ thence fi Sa' 05' 26" W~ ~ die,ARea O~ 340.00
and con:ain/ng 107;95 saree o~ ~and~ mo~e o~ ~eaa.
AND
£aet, ~elm Oeaoh Chun)y, Florida, being, more particularly
described &· (ollo~sf
Co~ence At the
Along 'tho Ho£th ~nUth '1/4
diCta·aa O( 3S.00
2~.OO /sac to the princlplL point And place il beginning o( the
~ollo~lng deaarlptions
Thence continuing If 07· 5a* 21m E a die,anco o( 20.01 /eec to ·
para)tit ~lth said )forth South
li9t.23 (eot to a point on the South right-of-way tine of
CA·ltl the·G· H fine 05' 26" £, Along said South.right-of-way
line, · dlAtance o~ 432.99 (eot to A poi·ti thence S O* o~' 26'
~,"~ distance o( X4S.OO /eot'to a poi·ti thence 293.22 [ee~ along
an arc to the right, having A radium o£ 420.00 ~eeC and A Gho~d
o~ 267.30 /eec bearing $ 20e OSI 2A" ~1 thence 294.96 [l~, Itoflg
an ira to the*taft having A radius o~
dtztlnae o~ 70.00 /let to A polfltj thO·Ge 234.S7 ~,sc, Along An
ara ts thA right, having A radius o[ 320.00
229.36 feet blaring S 9' 05' 26# Hj the·Ge 134.54 /oat, Along
Irc Co the ~e/t having A redJus
die)LnG· of 23.67 ~eet to A polfl~l thence 227.77 ~esc~ Along An
irc to the right having A radius
20~06 ~*.t, bearing $ 42° 5fl* 21
07' 21# H° ·
dla'tlnGi o£ 72,34 feet to A poi·ti the·GA O* SX° S~a ~ ·
dieclnGe il '05,00 [em~ to the point o~ bmgJnnfng end cofl~&lnJng
8'. 61~ ICFi· O( land mare or
'I
)
· i- 8-98 lB:lO
;DEBARTOLO HQ~S,