LEGAL APPROVAL
".
MINUTES - REGULAR r -'Y COII4ISSION MEETING
BOYNTON BEACH t FLOkuJA
FEBRUARY 1. 1994
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'- Commissioner Walshak thought a second motion was necessary to authorize the City
Engineer to issue a penmit. Attorney Cherof advised that such a motion would be
out of order because staff cannot be directed to do something in violation of
the Code.
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VIII. DEVELOPMENT PLANS
A. Project Name:
Agent:
Owner:
Location:
Description:
Boynton Beach Promenade ...................... TABLED
John J. Hoecker
Max Developer, Inc.
West side of Congress Avenue approximately 1,875 feet
north of Old Boynton Road
Exception to Platting: Request to subdivide Carney
Bank from the Boynton Beach Promenade parcel without
platting
Motion
Mayor Pro Tem Matson moved to remove this from the table. Vice Mayor Aguila
seconded the motion, which carried 5-0.
Tambri Heyden made the presentation and reminded the Commission that this item
was tabled so that staff could work out some of the problems which have arisen.
Ms. Heyden explained that the parcel boundaries, as recorded, do not meet the
setback requirements and there are unique problems with maintenance. The parcel
is part of a previously-approved shopping center which had the building as a
leased-out parcel. It was designed as a unit with the infrastructure serving
all of the out buildings and main structure. Since the parcel has been carved
out, the infrastructure crosses the parcel boundaries.
The City Attorney, City Manager and staff have discussed the problems and no
consensus has been reached regarding how the zoning, functioning and maintenance
of this common infrastructure is impacted by the waiver of plat. Ms. Heyden
said the Commission's action on this request will indicate to staff how they
would like outparcels to be treated.
She pointed out that there has been an increase in the number of exceptions
received. The reasons for that are as follows:
1. platting is expensive and time consuming. It takes about
three to four months for processing as compared to exception
processing which takes approximately four to six weeks; and
2. the outparcels are not penmitted their own freestanding signs;
however, platted outparcels are.
Historically, subdivided outparcels which were approved as part of the center
had been required to meet all zoning and parking requirements independently. A
change in this philosophy would encourage subdivision of more outparcels in a
center.
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MINUTES - REGULAR C~-. C0tt4ISSION MEETING
BOYNTON BEACH, FLOR1~~
FEBRUARY 1, 1994
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Staff has also discussed whether or not the City should be responsible for doing
cross-access agreements. The City was requiring them when an outparcel had to
rely on the main center for access to their parcel.
Staff recommends approval subject to staff conditions stated in Utilities
Department Memorandum No. 93-534 and Planning and Zoning Department Memorandum
dated January 7, 1994, and if they are to be imposed, the comments would require
that the parcel boundaries be reconfigured to meet the zoning and parking
requirements.
Vice Mayor Aguila questioned how staff could write a memorandum full of so many
cautions and still recommend approval. Ms. Heyden explained that with the
recommendation, staff recognizes that exceptions to platting are a viable means
of platting outparcels. However, they believe the zoning and parking require-
ments should be met.
Vice Mayor Aguila feels Boynton Beach has too many outparcels and would support
any legislation to stop them entirely. Further, he will not support any outpar-
cel which comes forward without standing fully on its own.
Mayor Harmening pointed out that this has already been recorded. It subdivided
without going through the City's processes. It was done when the Olive Garden
went through the process. As a condition of that approval, a cross-access
agreement was required to be turned in. That agreement was submitted two months
ago and it was noted that the Carney Bank had been subdivided.
~.. Mayor Harmeni ng agreed that outparcel s shoul d be handl ed di fferently than they
have been handled. Approximately three waivers of plat have been approved by
the Commission recently.
Vice Mayor Aguila questioned how this property can meet the parking and setback
requirements. Ms. Heyden said the legal description was overlayed on the last
site plan on record. It appears that the rear setbacks are approximately 21
short. In looking at the south boundaries, it appears the outparcel was created
without recognition of the underlying parking areas and access isles. Vice
Mayor Aguila asked if the property line could be reconfigured. Mayor Harmening
said an amended tract can be filed.
In response to Vice Mayor Aguila's question, Ms. Heyden said that if this is
reconfigured, the remaining issues are lighting, irrigation, and utilities.
Mayor Harmening pointed out that there is a potential for conflict in any of
these areas.
Maurice Rosenstock feels no request should come before the Commission if it can-
not comply with the regulations.
Motion
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Vice Mayor Aguila moved approval subject to all staff conditions.
Walshak seconaea tne mOt10n.
Conmissioner
Commissioner Walshak said that although the City has laws and the applicant
should be made to comply, common sense must be interjected. If the applicant's
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MINUTES - REGULARelTY COMMISSION MEETING
BOYNTON BEACH. Fll ,DA
FEBRUARY 1. 1994
feet are held to the fire and they decided they cannot do it, they will walk ~
away and the City will be left with an empty building which will not be main-
tained and will be of no use to anyone. This is a Catch-22 situation for the
City.
~ The motion carried 5-0.
Mr. Rosenstock pointed out that this request was approved with a freestanding
sign.
G. Consider request submitted by Watenmerk Group. Inc. (Citrus Park.
PUD) reference Recreational Fee Credit Issue
Vince Finizio said that on subdivision of platting, the City Codes require a
developer to provide dedicated land for a park, give a fee in lieu of a land
dedication or, in some cases, that he construct five approved amenities. If he
constructs the five amenities, the developer can get half credit on his fee.
The developer is not sure of the marketing stance his company will take relative
to this subdivision. Mayor Harmening realized that the developer's request is
for a guarantee up front that he will get half his money back if he decides to
build recreation on site. Mr. Finizio said the developer is willing to pay the
entire fee up front in order to comply with Codes.
City Manager Mill er referred to Recreati on & Park Memorandum '94-031 whi ch
states conditions and comments from Mr. Frederick. Commissioner Katz disagrees
with Mr. Frederick1s comment #2 and suggests the City take the cash up front and
use it as a bargaining chip.
Mot1on
Vice Mayor Aguila moved approval. Mayor Pro Tern Matson seconded the motion.
which carried 4-0. (Commissioner Walshak was away from the dais.)
C. Cons1der request subll1tted by IMrican legion Post 164 for a wa1ver
of the fee requ1red for site plan review
Mot1on
Commissioner Katz moved to approve. Vice Mayor Aguila seconded the motion,
which carried 4-0. (Commissioner Walshak was away from the dais.)
D. Discussion regarding Citrus Glen
Commissioner Walshak said that on August 26, 1993, a special City Commission
meeting was conducted. In researching his records, he could not find any indi-
cation that he was ever advised of the meeting. He and Vice Mayor Aguila were
absent from that meeting. The City Clerk stated there was no indication that
either he or Vice Mayor Aguila were contacted.
That meeting dealt with the fact that a signed Stipulation Agreement ended the
lawsuit with the developers of Citrus Glen and the dropping of a counter claim
between Citrus Glen and the City. The Stipulation Agreement released $276,000
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This instnunent was prepared by and, after recording, return to:
Joel B. Giles, Esquire I
POWE.1J., CARNEY, MOORE, HUCKS 7ls0N. P A
Barnett Tower
One Progress Plaza. Suite 1210 '
Post Office Box 1689
Sr. Petersburg, Florida 33731.1689
(813) 898-9011
(813) 898.9014 (Telecopier)
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DECLARATIpN OF EASEMENTS.
COVENANTS. CONDITIONS. AND RESTIUCllONS
THIS DECLARATION OF ;--€eJV NANTS, CONOmONS, AND
RESTRICTIONS (this "Declaration") is made this :JJh.... day of ~ . 1993, by
MAX DEVELOPERS, INC., a eorporation organized and existing 1p\der the laws of the State
of Florida with its principal place of business at (and the mailing address of which is) 1101
North Congress Avenue, Suite 201, Boynton Beach, Florida 33426, ("Owner") for its benefit
and for the benefit of its successors and assigns.
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WITN~~~gTH
WHEREAS, Owner is the owner of three adjoining parcels of real proper[}'
(individually, 8 "Parcel" and, collectively, the "Parcels" or the "Shopping Center") in Palm
Beach County, Florida, described in Exhibit "A", which is attached hereto, (the "Control
parcel"); Exhibit liB", which is 8rtached hereto, (the "Olive Garden Parcel"); and Exhibit "C",
which is attached hereto, (the "Carney Bank Parcel" and, with the Olive Garden Parcel,
collectively, the "Outparcels"); upon which Shopping Cenler the Owner and/or its
predecessors or tenants have constructed and maintained and intend to construct and
mau\tain various improvements andlor to sell parcels or parts thereof to others (the
"Future Owners"); and
WHEREAS, Owner desires (0 declare, establish, grant, and reseIVe for Owner and
for its successors and assigns, including the Future Owners, reciprocal, non-exclusive
easements (i) for ingress and egress, (ii) for limited common parking rights, (Hi) for the
provision of utilities, (iv) for drainage, and (v) for signage; and
WHEREAS, Owner desires to declare and establish for Owner and for its successors
and assigns, including the Future Owners, certain restrictive covenants as 10 the use of
Shopping Centerj
NOW, THEREFORE, for and in consideration of the easements, ~ovenants,
conditions, and restrictions herein contained, Ten and No/lOOths Dollars ($10.00), and
other good and valuable consideration, the receip[ and legal sufficiency of which are hereby
acknowledged, Owner hereby declares as follows~
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1. Grant of Easem~nt Cor [n~ess and E~ress and Parking. Owner hereby
declares, establishes, ~ants, and reserves for the benefit of each and every person,
partnership (whether general or limited), corporation, or other legal entity hereafter
owning the Shopping Center or any parcel or part thereof, including the Outparcels, and
~ their respective licensees, invitees, employees, agents, tUCC~SSQ~, and assigns, a non-
exclusive easement, license, right, and privilege of ingress and egress, both pedestrian and
vehicular, for the purpose of providing access to the places of business constructed thereon
all\! paarking incidenlal tberete.OftI,and,'upon all sid.ewaJ. ... 1I1twhkh are and shall be for
pedestrim use only), serJice roads, driveways, and paiSng areas (collectively, the
uCommon Areas") located Crom time to time upon the Shopping Center. The intent of this
Paragraph 1 is to allow free access to and from the public roads and highways abutting tbe
Shopping Center to the places of business cOl1Slructed upon the Shopping Center.
Notwithstanding the foregoing, the fee simple owner of the Control Parcel shall have the
right to construct, reconstruct, and relocate buildings, sidewalks, service roads, driveways,
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and parking areas in such a way as to affect such free access, and the non-exclusive
easement, license, right, and privilege granled by this Declaration shall then apply only to
the sidewalks, setVice roads, driveways, and parking areas as constructed, reconstructed,
relocated, and existing from time to time; provided, however, that any such sidewalks,
service roads, driveways, and parking areas shall condnue to provide access to and parking
for the Outparcels comparable to that existing prior to such construction, reconstruction,
or relocation and; to the extent required by governmental authorities, shall conform with
all applicable regulations promulgated by governmental authorities having jurisdiction over
the Shopping Center. Notwithstanding allY provision in tillS Declaralion to the contrary,
no curb, fence, hedge, or other barrier shall be constructed or maintained on the common
boundaxy between the Outparcels and the ConlrOl Parcel or elsewhere on the~ Shopping
Center so as to unreasonably interfere with or obstrucr existing pedestrian or vehicular
ingress and egress from the public roads and highways abutting the Shopping Center to the
Control Parcel and the Outparce1s or between the Outparce1s and the Control Parcel or, in
the judgment of the fee simple owner of the Control Parcel, impair the visibility of the
Control Parcel, or any of the places of business constructed thereon, from the public streets
and highways abutting the Shopping Center or from the Outparce1s, without the prior
written consent of the fee simple owner of the Control Parcel.
2. Grant of F~~ernent for Utility Lines and Stonn Draina~. Owner hereby
declares, establishes, grants, and reserves (or the benefit of each and every person,
partnership (whether general or limited), corporation, or other legal entity hereafrer
owning the Shopping Center or any parcel or part thereof, including the Qmparce1s, and
their respective licensees, invitees, agents, successors, and assigns, a non-exclusive
easement (the "Utility Easemenf) upon, over, and/or across an area five feet (5.0') on
either side of any and all existing utility lines serving the Shopping Center, including, but
not limited to, existing water, sewer, stonn drainage, electrical, and telephone lines (the
ltUtility Lines"). Any installation and maintenance of such Utility Lines shall be done in~ J)'
such a manner as to cause the least interference with the operation of the businesses being ,
conducted upon the Shopping Center and new Utility Lines shall be installed only with the
prior written consent of the owner whose parcel or part of the Shopping Center or
Outparcel is being affected by such installation. Such owner may condition its consent on,
by way of illustration and not limitation, the time or times during which such Utility Lines
are to be installed, maintained, or replaced. Any such consent shall not be unreasonably
withheld or denied and shall be given or denied within thirty (30) days after receipt of a
request therefor, in default of which such consent shall be deemed given. Notwithstanding..,
the foregoing, the fee simple owner of the Control Parcel shall have the right to enlarge
or relocate the Utility Easement, and the ulility Ibles therein; provided, however, that, to
the extent the Utility Easement is then being used by the owners of the Outparcels, the
relocation of the Utility Easement does not materially reduce the benefit of the Utility
Easement to the owners of the Outparce1s.
3. Grant of Easement for Landscaping and Signage. (Intentionally omitted.)
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4. Aff.mnative Covenants wi!h-Respect to All PifCe1$. The fee simple owner(s)
of the Shopping Center and any parcel or part thereof, including the Outparcels, shall be
bound by the following affirmative eovenants:
(a) No building or other structure of any kind or nature shall be
constructed, erected, or otherwise located on any ponion of the CODUnon Area without the
prior written consent of the owner of the Control Parcel, which consent shall nor be
unreasonably withheld; provided, however, that lhere may be conslructed and maintained
upon or over said Common Area a canopy or canopies projecting from the building areas
and doors for ingress and egress projecting (rom such building areas, and si~ approved
by the owner of the Control Parcel and government authorities having jurisdiction over the
Shopping Center, which may be placed upon said canopy or canopies so long as said signs
do not obstruct the signs of any other owner or owners tenant No signs, including, but
not limited to, the signs provided (or hereinabove, directional signs, and pylon signs, shall
be erected or maintained upon the Shopping Cenler without the prior written approval of
the owner of the Control Parcel. Nothing contained herein shall be construed to require
the owner of any Parcel to obtain the consent of the owner of any other parcel except for
the owner of the Control Parcel prior to the installation of a pyJon sign on such owners
Parcel. If only one pylon sign is permiued to be erected upon the Shopping Center by any
governmental agency having jurisdiclion over all Parcels, Owner reserves to the owner of
the Control Parcel that right to erect said sign upon the Control Parcel.
(b) Any construction being performed upon the Shopping Center shall not
unreasonably interfere with the .operation of any business conducted upon the Shopping
Center,
(c) The Common Area shall not be used for any purposes other than the
parking of motor vehicles during nonnal business hours and their ingress and egress, the
ingress and egress of pedestrians, and drainage without the prior wriuen consent of the
owner of the Control Parcel. Without the prior written consent of the owner of the Control
Parcel, no motor vehicle or trailer may remain continuously parked upon the Common
Areas for more than twenty-four (24) hours, nor may such vehicle or trailer be used for
advertising purposes upon the Shopping Center or to conduct sales. No obstructions of any
kind shall be pennitted without the prior wrium consent of the owner of the Control
Parcel.
Cd) The area provided upon the Shopping Center for the parking of
automobiles shall be sufficient to acconunodate no less rhan five (5) automobiles for each
1,000 square feet of gross building area upon the Shopping Center, with spaces double
striped on 10' centers for each automobile, and, in any event, the number of parking spaces
provided upon each Outparcel shall n~ver be reduced, unless a reduction is consented to
by the owner of the Control Parcel and approved by all appropriate governmental
authorities. The number of parking spaces within the Shopping Center as a whole shall
always remain at a minimum of 380 spaces, as shown on Exhibit "0"; provided, however,
that the owner of the Control Parcel may make a nominal reduction in the number of
parking spaces where necessary [0 comply with requirements imposed by governmental
authorities having jurisdiction over the Shopping Center (such as those contained in the
Americans with Disabilities Act) and not merely to comply with existing building or zoning
codes, where reasonable efforts are made to provide alternaLive parking spaces within the
Shopping Center or the Outparcel or parcel thereof affected thereby.
(e) The portion of the Shopping Center indicattd by cross-hatching on the
site plan attached hereto as Exhibit I'D" shall not be used for the operation of any
restaurant of over 6,000 square feet in gross leasable area, movie tbeater, bowling alley,
dance hall, night club or cocktail lounge over 4,000 square feet, grOCeIy store (excluding
convenience type markets), or any high density user whose operation would substantiaUy
diminish parking in the Common Area of the Shopping Cenrer. A high densiry user, for the
purpose of this provision, shall mean a user whose building or zoning code parking
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requirement is substantially lower than the parking such user would actually use in its
reasonably foreseeable operations.
(0 No portion of the Shopping Cenrer shall be used for the sale of or
display of pornographic material, or the operation of any pornographic business, including
without limitation, massage parlors, adult theaters, and adult bookstores.
(g) No Parcel owner shall modify the curb culS or driveways as shown on
Exhibit "0" without a docum~nt or instrum~nt, executed by the owner of the Control
Parcel, evidencing the prior written consent and approval of the owner of the Control
Parcel, being recorded in the public records of Palm Beach County, Florida.
(h) All sidewalks shall be concrele and all service drives, parking aisles,
driveways, streets, and parking area shall be graded. leveled, and paved with concrete or
asphalt, clearly marked with painted lines, which shall be repainted as required. There
shall be unobstructed use of sidewalks, driveways, and roadways for molor vehicle and
pedestrian traffic to and from each building upon all the Shopping Center and all adjacent
public streets and highways. There shall be no charge of any kind for use of the common
facilities or any additions thereto. All of lh~ common facilities, including any signs owned
by the owner of the Control Parcel or permiued by the owner of the Control Parcel, shall
be constructed in a workmanlike manner and shall be maintained by the owner thereof,
at its sole cost and expense, in an adequate, sightly, and serviceable condition. Such
maintenance shall include, without limitation. keeping the same reasonably dear of foreign
objects. paper, debris, obstructions, and standing water and supplying adequate
illumination during normal b~iness hours and for a reasonable period prior and
subsequent thereto,
(i) The parking lot shall be ground level only and will remain as shown
on Exhibit "Oil unless the prior written consent is obtained from the owner of the Control
Parcel for any change or alteration. The owner of each Parcel shall maintain ingress and
egress facilities to public highways in the number and substantially the locations depicted
on Exhibit "0". subject to unavoidable temporary closings or relocations necessitated by
public authority or other circumstances beyond the respective owner's conlrol. No business
shall be conducted on the parking lot.
G) The owner of the Control Parcel shall have the right to approve all
exterior architectural plans and malerials prior to-the commencement of any construction
within the Shopping Center so as to insure confonnance with the site plan and the
character of the overall development of the Shopping Center, which approval shall not be
unreasonably withheld. In addition to general structural and aesthetic standards) the
owner of the Control Parcel may require that the following standards be met:
(1) All garbage dumpsters and other garbage collection facilities
shall be shielded from view structurally or by landscaping; and
shall be maintained in conformance with the requirements of
governmental authorities havingjurisdiction over the Shopping
Center; and
(2) All roof-top mechanical equipment and other equipment
protruding through the roof or located on the roof of any
building shall be architecturally and structurally shielded from
public view.
(k) The buildings to be constructed ~hall be constructed within the
footprints sho~ on Exhibit "0" unless a deviation or change is approved by the owner of
the Control Parcel and a document or instrument, executed by the owner of the Control
Parcel recorded in the public records of Palm Beach County, Florida.
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(I) The owner of each Parcel shall have the right, at its own cost and
expense to erect and maintain signs advertising its business on the exterior of any building
upon its respective Parcel. Any such signs shall be its or its tenant's standard sign as
indicat~d on guide plans and shall conform to the requirements of the owner of the Control
Parcel and governmental authorities having jurisdiction over the Shopping Center.
(m) . No pylon signs shall be erected without the prior written consent of
the owner of the Control Parcel. The owner of the Control Parcel shall not be required to
erect a shopping center identification pylon sign; however, if such a sign is erected, the
owner of the Control Parcel shall not be required to pennit the owner of any particular
Outparcel to erect iLS sign upon the pylon sign structure, even if the owners of other
Outparcels are pennitted to place their sign on the pylon sign structure. Notwithstanding
the foregoing, if, after any conveyance of the Olive Garden Parcel by Owner to General
Mills Restaurants, Inc., General Mills Restaurants, Inc., is unable to obtain the necessary
approval of all governmental agencies having jurisdiction over the Shopping Center to erect
a freestanding sign fronting on Congress Avenue, General Mills Restaurants, Inc., shall have
the right to place its sign on lh~ existing pylon sign Slructur~ in a prominent, but not the
most prominent, position; provided, however, that in placing its sign on the existing pylon
sign structure, General Mills Restaurants, Inc., shall comply with the requirements of all
governmental agencies having jurisdiction over the Shopping Center.
(n) The owner oteach parcel shall insure the lIentire premises" againslloss
by fire or disaster, for the actual cash replacement value thereof. ^ copy of such policy or
certificate thereof shall be furnished to the owner of the Control Parcel upon request. In
the event any building on any P!ln:~J is partially damaged. or totally destroyed by fire or
other disaster, the owner thereof sball promptly cause the same to be substantially
restored; provided, however, that the owner of tbe Olive Garden Parcel may, in the event
the building thereon is partially damaged or totally destroyed by fire or other disaster,
elect, in lieu of substantially restoring said building, to return said Parcel to its graded and
levelled condition.
(0) The use made by the owner of any Outpar~el shall not conflict with
any then-current exclusive rights or privileges for the rendering of services, or the sale of
products, theretofore granted by the fee simple owner of the ConlrOl Parcel in existing
leases for other parts of the Shopping Center.
(p) The owner and occupant of each Outparcel agrees to indemnify and
save harmless the owner of the Control Parcel (rom and against any and all claims and
demands whether from injwy to person or loss of life, or damage to property occurring
within the respective Ourparcel, excepting, however, such claims or demands as may result
from any injury or damage caused by acts or omissions or the owner of the Control Parcel.
(q) Owner reserves for the owner of the Control Parcel the right to impose
upon any of the parcels or parts of the Shopping Center then owned by the owner of the
Control Parcel additional restrictions by the execution of amendments hereto or by
supplemental declarations; provided, however, that with respect to amendments or
s-upplementaI declarations made pursuant to this paragraph, tile owner of the Control
Parcel shall first obtain the consent of the owner of the Olive Garden Parcel (which consent
shall not be unreasonably withheld or denied) by notifying the owner of the Olive Garden
Parcel, in writing, of its intention to make such amendments or supplemental dedaratio?s.
The owner of the Olive Garden Parcel shall have twenty (20) days from the date of receipt
of such norice to notify the owner of th~ Control Parcel of their reasonable objections to
such amendments or supplemental declarations, failing which the owner of the Control
Parcel may proceed with such amendments or supplemental declarations (of which the
owner of the Olive Garden Parcel has been norified) without the consent of the owner of
the Olive Gaiden Parcel. No such amendments or supplemental declarations shall
materially advt!l"Se1y affect existing access to and parking for the Outparc:~1s, or otherwise
materially adversely affect the other substantiv~ rights of the owners of the Out parcels.
whether with respect to the easements declared, established, granted, or reserved by this
(C:\UP50\COAS1'ED.101\DEClARAT.002:07139Jt135'..) 5
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Declaration for the benefit of the owners of the Out parcel or otherwise. For purposes of
the foregoing provision, no amendment shall be deemed to materially adversely affect
exiS[il'lg, access to and parking f'.lc the Ourparcels if the Declaration, as amended, continues
to provide access to and parking for the Outparcels comparable to that provided before the
amendment. Amendments or supplemental declarations made pursuant to this paragraph
need only be exe~uted by the owner of the Control Parcel.
(r) The easements, licenses, rights and privileges established, created, and
granted hereby will be for the benefit of, and restricted solely to, the fee simple owners or
their assigns of all or any portion of the Shopping Center, as their interest as owners of the
dominant estates set forth above may appear; however, any such fee simple owner may
grant the privilege or benefit of such easement, license, right, or privilege to Its tenants,
s~btenants, agents, guests, invitees, cus(omers, and licensees; provided, however, that the
easement and rights granted herein will, in no event, be construed to create any right in
or for the benefit of the general public.
5. Qperation and Maintenance of Common Area.
(a) . Areas to be used for motor vehicle parking purposes by employees of
occupants of all Parcels may be designated within the Shopping Center from time (0 time
by the owners of each Parcel.
, (b) The owners of the Outparcels shall pay all taxes and assessments prior
to delinquency on the building area owned by them and 011 the common area within such
owneI'~ parcel. If either of such. owners shall fail to pay said taxes and assessments prior
to delinquency, the owner of the Control Parcel may do so, and may then bill the
defaulting owner for the expense incurred. If the defauhing owner shall not pay said bill
within ftfteen (15) days, the owner of the Control Parcel shall have a lien on the property
of the defaulting owner for the amount of said bill, which lien shall attach as of the date
of the recording of a Oaim of Lien under this provision, plus the costs and a reasonable
attorney's fee incurred in any legal acdon brought to enforce such lien, which amount shall
bear interest at the highest rate allowed by law, until paid.
(c) The owner of the Control Parcel shall operate and maintain or cause
to be operated and maintained the Common /\rea of lhe Shopping Center and shall keep
the same, or cause the same to be kept, in good condition and repair, with adequate \i.
lighting, and shall maintain the surface area thereof in a level and smooth condition, evenly '7..
covered with the type of surfacing material originally installed thereon, or shall cause the '
same thus to be maintained. As a part of said operation, the owner of lhe Control Parcel
shall obtain and maintain general public liability insurance insuring all persons who now
or hereafter own or hold portions of the Shopping Center or any leasehold estate or other
interest therein, as their respective intereslS may appear, (provided, however, that the
owner of the Control Parcel is notified in wriling of such interest) against claims for
personal injury, death, or property damage occurring in, upon, or about the Common Area.
Such insurance shall be written with an insurtr licensed to do business in the State of
Florida and shall have a combined single limit of $5,000,000.00.
Cd) The owner of the Olive Garden Parcel shall pay a portion of the costs
and expenses associated with the common areas of the Shopping Center, as follows:
(1) The owner of the Olive Garden Parcel shall pay, in addition to
any real estate or tangible personal property taxes and assessments and the like levied or
assessed against tbe Olive Garden Parcel and any improvement or tangible personal
property thereon or used in cOMection therewith, lwenty percent (20%) of the following:
(i) the total amount of any and all real estate taxes and assessments levied or assessed
against the Control Parcel (the "Shopping Center Taxes") attributed by the Palm Beach
County Property Appraiser to the land, as opposed (0 the improvements thereon, and (ii)
thirty percent (30%) of the Shopping Center Taxes attributed by lhe Palm Beach County
Property Appraiser to (he improvements on the land. The owner of the Olive Garden
(tr\WP50\~STfED.IOY\DEClARA,.002:071!93:1J55..)
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Parcel shall not be required to pay any tangible personal property taxes auributable to the
Control Parcel. If, in any calendar year (the "year in question''), the Palm Beach County
Property Appraiser fails or refuses to atcribute portions of the total amount of the Shopping
Center Taxes to each of the land and the improvements thereon, the portion of the
Shopping Center Taxes attributable to each shall be determined by the percentage of each
with respect to the total amount of me most recent assessment for which such information
is available.
(2) TIle owner ot the Olive Garden Parcel shall pay twenty-two
percent (22%) of all costs and expenses (other than real esrate taxes and assessments) of
operating, managing (including administrative costs and expenses, which shall pot exceed
fifteen percent (15%) of the total of the costs and expenses associated with the common
areas of the Shopping Center), equipping, maintaining, repairing, replacing, and policing
the conunon areas of the Shopping Center, including, without limitation, the costs and
expenses of casualty and liability insurance; the costs and expenses of all materials,
suppli~, and services purchased or hired therefor; the costs and expenses of landscaping,
gardening, planting, and irrigation; the costs and expenses of cleaning, painting,
decorating, paving, repaving, and sealing, and lighting; the costs and expenses of sweeping
the sidewalks, parking areas. access and service roads, and driveways and the provision of
other sanitation services (but excluding fees for garbage and trash collection and disposal
imposed by public utility authorilies, whether governmenla) or private); and the costs and
expenses of all utilities used in cOMection therewith. For purposes of this provision,
t'common areas" shall mean all areas, space, fadlides, equipment, signs, and special services
from time to time made available by the owner of {he Shopping Center for the common
and joint use of the owner of th~ Shopping Cenler, lhe owners of the OutparceJs, and the
other tenants and occupants of (he Shopping Cenler and their respective employees, agents,
subtenants, concessionaires, licensees, customers, and invi(ees, which may include (without
representation as to their availability) sidewalks, parking areas, access and service roads,
driveways, landscaped areas, and ramps,
(e) The owner ot th~ Carney Bank Parcel shall pay a portion of the costs
and expenses associated l\ith the common areas of the Shopping Center, as follows:
(1) The owner of the Carney Bank Parcel shall pay, in addition to
any real estate or tangible personal property taxes and assessments and the like levied or
assessed against the Carney Bank Parcel and any improvement or tangible p~rsollal
prop~rty thereon or used in connecrion therewith, a p~rcentage (to be determined
subsequent to the execution hereof and indicaled in a supplemental declaration) of the
following: (i) the total amount of any and all real estate taxes and assessments levied or
assessed against the Control Parcel (the "Shopping Center Taxes") attributed by the Palm
Beach County Property Appraiser [0 the land, as opposed to the improvements thereon, and
eii) a percentage (to be determined subsequent lO lhe execution hereof and indicated in a
supplemental declaration) of the Shopping Center Taxes attributed by the Palm Beach
County Property Appraiser to the improvements on the land. The owner of the Cam~y
Bank Parcel shall not be required to pay any tangible personal property lax~s attributable
to the Control Parcel. ((I in any calendar year (the "year in question"), the Palm Beach
Gounty Property Appraiser fails or refuses to attribute pardons of the total amount of the
Shopping Center Taxes to each of the land and the improvements thereon, the portion of
the Shopping Center Taxes attributable to each shall be determined by the percentage of
each with respect to th~ total amount of the most recenl assessment (or which such
information is available.
(2) The owner of the Carney Bank Parcel shall pay a percentage (to
be determined subsequent to the executioa. hereof and indicited in a supplemental .
declaration) of all costs and expenses (other than real estate taxes and assessments) of
operating, managing (including adminislrative COSlS and expenses, which ~hall not exceed
ftfteen percent (15%) of the total of the costs and expenses associared wlth the common
areas of the Shopping Center), equipping, maintaining. repairing, replacing, and policing
the common areas of the Shopping Center, including, without limitation, the costs and
CC:\WP50\COlS'F'D.~\OEClARAT.D02:07t393:1355em) 7
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expenses of casualty and liability insurance; the costs and expenses of all materials,
supplies, and services purchased or hired therefor; the COS[S and expenses of landscaping,
gardening, planting, and irrigation; the costs and expenses of cleaning, painting,
decorating, paving, repaving, and sealingt and lighting; the cost~ ~'lld expenses of sweeping
the sidewalks, parking areas, access and service roads, and driveways and the provision of
other sanitation services (bur excluding tees for garbage and trash collection and disposal
imposed by public utility authorities, whether governmental or private); and the costs and
expenses of all utilities used in connection therewith. For purposes of this provision,
"common areas" sball mean aU areas, space, facilides, equipment, signs, and special services
from time to time made available by the owner of the Shopping Center for the common
and joint use of the owner of the Shopping Center, the owner of the Carney Bank Parcel,
and the other tenants and occupants of the Shopping Center and their respective employ-
ees, agents, subtenants, concessionaires, licensees, customers, and invitees, which may
include (without representation as to their availability) sidewalks, parking areas, access and
service roads, driveways, landscaped areas, and ramps.
6. Restrictions as to Competitioij. Owner agrees that, for a period of twenty
(20) years from the date of any conveyance of the Olive Garden Parcel by Owner to
General Mills Restaurants, Inc., and provided that General Mills Reslaurants, Inc., or its
successors and assigns operate upon the Olive Garden Parcel a food service establishment
featuring or specializing in the sale, ar retail, of prepaced italian food, Owner shall not
lease, sublease, or otherwise operale or contract, by conv~yal1ce or otherwise, within the
Shopping Center, for a food servit=e establishment featuring or specializing in the sale, at
retail, of prepared italian food in a manner similar to General MiUs Restaurants, Inc.
Featuring or specializing in the ~le, at retail, of prepared italian food, for the purpose of
this provision, shall mean that prepared italian food shall be identifiable as predominant
menu items in terms of sales volume or public idenlification. The aforesaid restriction shall
not be applicable to any food service establishment not featuring or specializing in the sa]et
at retail, or prepared italian food or any purveyor of unprepared foods intended for future,
off-premises consumption.
7. Covenants Run With the Land. Each easement, covenant, condition, and
restriction contained herein shall be appurtenant to and Cor the benefit ot all portions of
the Shopping Center, and shall nm with th~ land, and shall b~ binding upon each and
every successor-in-interest of Owner, regardless of whether the deed or other instrument
of conveyance by which such successor-in-interest acquires title shall recite that the
Shopping Center or any part or parcel thereof is subject and subordinate to the tenns and
provisions hereof.
8. Privity of Contract and/or Estale. This Declaration will create privity of
contract and/or estate with and among all grantees of the Shopping Center, their heirs,
successors, executors, administrators, representatives, and assigns. In the event of the
breach of any of the tenns, covenants, or conditions hereof, anyone or more of the fee
simple owners, or their mongagees, of any portion of the Shopping Center will be entitled
to full and adequate relief by all available legal and equitable remedies from a.ny
consequence of such breach, and all costs and expenses of any suit or proceeding for
enforcement, including reasonable attorneys' fees, will be assessed against the defaulting
owner.
9. ~uration. Except as otherwise provided herein, each easement, covenant, J
condition, restriction, and undertaking contained in lhis Declaration shall exist in '
perpetuity, unless the owners of all of the Parcels agree, in writing, to the t=l~' (lUJtf;k . (
10. Iniunctive Relief. In the event of any violation or threatened violation by any t4Si
owner, tenant, or OCCUPL"lt of any portion of the Shopping Center of any of the t~,
covenants restrictions and conditions contained herein, in addition to the other remedies
herein p~vided, any ~r all of the owners of the property included wit~n t!'e Shopping
Center shall have the right to eJijoin such violation or threatened violatIon ID a court of
(C;\UP50\COAST'ID.~~ICLARAT.OOZI071S9!t'35S--)
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general public or for any public purposes whatsoever, it being the intention of Declarant
that tlns Declaration shall be strictly limited 10 and for the purposes herein eJ:pressed.
13. Breach Shall Not Permit Tennination. No breach of this Oeclaration shall
entitle any owner to cancel, rescind, or otherwise terminate this Declaration, but such
limitation shall not affect in any manner any other rights or remedies which such owner
may have hereunaer by reason of any breach of this Declaration. Any breach of any of said
covenants or restrictions, however, shall not defeat or render invalid the lien of any
mortgage or deed of trost made in good faith for value, but such covenants or restrictions
shall be binding upon and effective against such owner of any of said property or any
portion thereof whose tille thereto is acquired by foreclosure, trustee sale, or 9[herwise.
14. S~verabili~1 If any clause, sentence, or other porlion of this Declaration shall
become illegal, null, or void for any reason, or shall be held by any court of competent
jurisdiction to be so, the remaining portions thereof shall remain in full Coree and effect.
15. E1lt2rcement of Lieq. The liens provided for in Paragraph 5 above may be
filed for record by the party entitled thereto as a claim of lien against the defaulting owner
in the public records of Palm Beach County, Florida, signed and verified, which shall
contain at leas t:
(a) A statement of the wlpaid amount of costs and expenses;
(b) A description sufficient for idenlification of that portion of the
property of.the defaulting owner which is the subject of the lien; and
(e) The name of the owner or reputed owner of the property which is the .
subject of the alleged lien.
Such lien, when so established against the real property described in said lien,
shall be prior and superior to any right, title, interest, lien, or claim which may be or had
been acquired or attached to such real property after the time of filing of such lien. Such
lien shall be for [he use and benefit of the person f11ing same, and may be enforced and
foreclosed in a suit or action brought in any court of competent jurisdiction, but such lien
shall not be enforceable against any owner acquiring tide through foreclosure of the lien
of any .first mortgage. Any such lien shall be subject to and subordinate to the lien of any
fIrSt mortgage on any of the parcels.
16. Common OwnershiQ of ShopDin~ Center. The ownership of the entire
Shopping Center by the same party shall not effect the termination of this Declaration.
17. Consent [n WQtinl. Wherever this Declaration requires the eonsent, wriuen
consent, or prior written consent of the owner of the Control Parcel, such consent shall be
deemed to have been given only when an instrument duly executed and acknowledged by
the owner of the Control Parcel and expressly indicating lhe required consent has been
duly recorded among the public records of the county in which the Shopping Center is
. located.
18. NoticeJ. Any notice required or permiued under this Declaration shall be
deemed sufficiently given if given personally or by certified mail, postage prepaid, return
receipt requested, at such party's address in tbe Shopping Center or at such other address
as the party shall designate by written notice to the other parties. Arty notice to Owner
shall be given at the following address unless Owner gives written notice to the other
parties that such address has changed:
MAX DEVELOPERS, INC.
1101 North Congress Avenue, Suite 201
Boynton Beach, Florida 33426
(C:\UP50\COASTFfD.IOY\D1CLARAT.OO2:071393:1355em)
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Any notice to the owner of rhe Olive Garden Parcel shall be given at (he following address
unless the owner of the Olive Garden Parcel gives wriuen notice to the other parties that
such address has changed:
GENERAL MIllS RESTAURANTS, INC.
1751 Directors Row
Orlando, Florida 32809
An'n: Legal Department
IN WITNESS WHEREOF, the Owner has caused this instrument to be e~ecuted on
the day and year first above written.
,
(C:\UPSO\OOlSTFEO.IOl\DECLARAT.002:0706f.J:13SS..)
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WITNESSES:
MAX DEVELOPERS, INC.
Aa~~u'/ ~
(Sifn on dais Ifne) .
"Ja,"'J/F:. t!r; tlc'-
(Lqibly print name on this line)
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By:'" .r ",.' .~. 11' l/ ,.,...~,.t.")\
( l~ on lhis lift~ . ,
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~Lc&ibJY prinr name or mis li~)
lts (. '''on c-\.,\.=-~
(Legibly print tirle: on this line)
STATE Of FL~A )
COUNlY O~ 1~,/{pAAfL)
The ~regoing ~lfUmeni was acknowled~~ befo~ me this L:::- day i}", {'-/-
1993, by . , .' l. ~ o' , as fL-',-",(,o~('J( /. of MAX DEVELOPERS,
INC., a co ration orpni eel and existing under the laws of the State of florida, on behalf
of the corporation, who is personally known to me or who has produced
as identification and who Ddid Lldid not take an oalh.
~e~~v //~~.:h
(SIp on chis Iinf5
e;'Z88N .~ .Ak7/,lA,/(.l
(&.eri"bly print name 01\ this Iille)
NOT MY PUBLIC, State of Florida
COMMISSION NO.:[r d2.~,-o....2 V~
EXl'JM1lON D^1't: / -/ K- f'?
(SEAL) ,
o . CIA NoTA 'I' Sl~^l.
EII.EF.N S ~1(J'r^p.o
N01ARY rUDLlC STAlE OJ: FLOHII)A
COMMlSsrON NO. CC2S(l1."8
MYCOMMJSSION EXP. AN. 18,1"7
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Exhibit "A"
to
Declaration of Easements, Covenants, Conditions, and Restrictions
(Legal Description of Control Parcel)
A portion of Section 19, Township 4S South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast Conler of said Section 19; thence North 00" 59'39" West
along the East line of said Section 19, a distance of 2,728.11 (eet to a point; thence South
89" 00'21" West, a distance of 60.00 feet (0 a point on the Westerly right-of-way line of
Congress Avenue, said point being the principal point and place of beginnIng of the
fonowing description:
Thence South 43. 32'54" West, a distance of 28.51 feet to a point; thence North 00.
59'39" West, a distance of 10.00 feet to a point; thence South 8S" 05'26" West, a distance
of 32.00 feet to a point; thence Soulh 00" 59'39" East, a distance of 30.00 feet to a point;
thence South 88' 05'26" West, a distance of 418.00 feet to a point; thence North 00'
59'39" West, a distance of 609.99 feet to a point; thence North 88" 05'26" Ease, a distance
of 430.00 feet to a point; thence Souch 46. 27'06" East, a distance of 56.11 feet to a point
on the Westerly right-at-way line of Congress Avenue; thence South 00. 59'39" East along
the Westerly right-of-way line of Congress Avenue, a distance of 529.99 feet to the
principal point and place of beginning.
LESS THE FOLLOWING DESCR{BED PARCELS:
(Legal Description of Olive Garden Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of said Section 19, thence N 00. 59' 39" W along the
East line of said Section 19, a distance of 2,728.11 feet; thence S 89' 00' 21'W, a distance
of 60.00 feet to a point of intersection with the West right-or-way line of Congress Avenue
and the Point of Beginning; thence N 00- 59' 39" W along said West right-of-way line, a
distance of 123.61 feet; thence S 89" 00' 21 II W, a dislance of 186.00 feet; thence S 00.
59' 39" E, a distance of 116.57 feet to a point that is 50.00 feet North of the North line
of that 90,00 foot wide access easement (or "Boynton Beach Mall Access Road Oil, as
recorded in Official Records Book 4814, at page 279, of the public records of Palm Beach
COWlty, florida; thence N 88 - OS' 26" E and parallel with said North line of "Boynton
Beach Mall Access Road 0", a distance of 117.62 feet; thence S 01" 54' 34" E, a distance
of 50.00 feet; thence N 88. 05' 26" E, a distance of 15.61 feet; thence N 00. 59' 3911 W,
a distance of 30.00 feet; thence N 88. 05' 26" E, a distance of 32.00 feet; thence S 00.
59' 39" E, a distance of 10.00 feet; thence N 43" 32' 54" E, a distance of 28.51 feet to the
Point at Beginning.
(Legal Description of Carney Bank Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as !ollows:
Commencing at the Southeast comer of said Section 19; thence N 00. 59'39" W along the
F.ast line of said Section 19, a distance of 2,728.11 feet; tbence S 89- 00'21" W. a distance
_ of 60.00 feet to a point of intersection with the West right-of-way line of Congress Avenue;
thence N 00" 59'39" W along said West right.of-way line, 8 distance of 367.79 feet to the
Point of Begirining; thence continuing N 00" 59'39" W along said West right-oC-way line,
a distance of 162.20 feet; thence N 46" 2T06" W, a distance of 56.11 feet; thence S 88-
05'26" W, a distance of 201.00 feet; thence S 00" 59'39" E, a distance of 141.15 feet;
thence N 89" 00'21" E, a distance of 24.97 (eet; thence S 00. 59'39" E, a distance of
57.20 feet; thence N 89' 00'21" E, a distance of 216.00 feet to the Point of Beginning.
(C:\WP50\caAST'ID.101\Dlt~Al~T.OO2:07'3'3r135Sem)
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Exhibit "B"
1"0
Declaration of Easements, Covenants, Conditions, and Restrictions
(Legal Description of Olive Garden Parcel)
A porlion of Section 19, Township 45 South; Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commencing at the Southeast comer of said Section 19, thence N 00. 59t 39" W,along the'
East line of said Section 19, a distance of 2,728.11 feet; thence S 89. 00' 21 "W, a distance
of 60.00 feet to a point of intersection with the West right-oC-way line of Congress Avenue
and the Point of Begilming; thence N 00. 59' 39" W along said West right-of-way line, a
distance of 123.61 feet; thence S 890 00' 21" W, a distance of 186.00 feet; thence S 00.
59' 39" E, a distance of 116.57 feet to a point that is 50.00 feet North of the North line
of that 90.00 foot wide access easement for IlBoynton Beach MaIl Access Road Oil, as
recorded in Official Records Book 4814, at page 279, of the public records of Palm Beach
County, Florida; thence N 88. OS- 26" E and parallel with said North line of "Boynton
Beach Mall Access Road 0", a distance of 117.62 feet.; thence SOl" 54' 34" E, a distance
of 50.00 feer; thence N 8So 05' 26" E, a distance of 15.61 feet; thence N 00. 59' 39" W,
a disrance of 30.00 feet; thence N 88. OS' 26'1 Et a distance of 32.00 feet; thence S 00.
59' 39" E, a distance of 10.00 feet; thence N 43. 32' 54" E, a distance of 28.51 feet [0 the
Point of Beginning.
(C:\WP50\tQAST'eD.IOY\PEClARAT.OO2:07\39]:1355eM)
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Exhibit "C'
to
Oedaration of Easements, Covenants, Conditions, and Restrictions
(Legal Description of Carney Bank Parcel)
A portion of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows; .
Commencing at the Southeast comer of said Section 19; thence N 00 - 59'39/1 V'f along the
East line of said Section 19, a distance of2,728-11 feet; thence S 89- 00'21" W, a distance
of 60.00 feet to a point of intersection with the West right-of-way line of Congress Avenue;
thence N 00. 59'39" W along said West light-at-way line, a distance of 367.79 feet to the
Point of Beginning; thence continuing N 00. 59'39" W along said West right-of-way line,
a distance of 162.20 feet; thence N 46- 27'06" W, a distance of 56.11 feet; thence S 88.
05'26/1 W, a distance of 201.00 feet; thence S 00. 59'39" E, a distance of 141.15 feet;
thence N 89- 00'2111 E, a distance of 24.97 feet; thence S 00- 59'39" E, a distance of
57.20 feet; thence N 89- 00'2111 E, a distance of 216.00 feet to the Point of Beginning.
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(C:\WP50\~Sr'ID.IO'\DEClAlAT.OO2:07'393:1155em)
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.BOYNTON BEACII. nOftlDA
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FEB-1.,-1CJ9'- .3:43'11 94-0=f3732
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Kodlticatloft 0' >>aolaratLon of ea..menta, ooveftaft~, eon41t1ons
and r..~~iG~1oft. d.C.~ 3~ly 7, 1113, and ~.oord.d i~ offlo1al
"co~d. Book '811, .~ Page 1111 of ~~. ~11o ..oo~4. of 'a1a
,... COunt)', Florida.
1. p.ra,~.,h 1 1- h.~.~y emended by .d&inV the ~0110Vl"q
-antance &t the end of ~8 paragnplu
, I. .
RHor shall ~h. owner. 01 the control )&~cel con.t~ot a
ou~b, fence, ~.4~., wall 0% other barrl.r on the comB on
~Uft4.~r between the oontrol >>arcel and tbe ou~ pa~c.l.
~hlOb, 1ft ~h. ,u4q...ne or ~h. tu~u~. OVfte~ of tbe out
pa~e.lf impair. tbe visibility of the out ,areel attected,
vl'thouc ~h. Nloz ~it't.n consent or the totuZ'. O1IIner of
the ou~ parcel 80 .ft.ot....
par'fr.ph tea) i. hereby ..endad to provide the tol1ovlftfl
..otwlth.t.ftdift~ any o~h.r p~ovl.1on in thJ. Oeolaration,
noth1h9 oontained h.l'ein Ihal1 ba conatruad to req\l1l"a 'the
own.1' oe any ou\ pareal to obtain tbe t:eneeftt of the ower
'O~ ~~e oon~%o1 p.~oe1, tor .1In. affi.ed to tace t~.
jAprov".l\ta loeau4 em the CN' p6!'oel..
.a~a9Zap1l 4 Ca) 1e turth.~ ganeSe" a. follOWS'
ror purpo... of thJa Jara;r'p~. the t.~ ~41~.c~lon.l
alp_" .al1 not lnclu4. any .i9ft. .I.ndicat.ift' ~e route oz
'irao'ion to 'he .D~lva-~hru. window. .1.ua~4 on ~he
~may IaftJt parcel.
Paratr.ph ten) Ie ..endad ~o add, at any plaoe where the
'own.~ of ~e Olive Garden "~cel' tbe a441ticftal pbra,.
.0" Ul. cnmar of ~ Carney Bau '."81.'
p.~a,nph 4 (OJ 1. .041t1e4 .S follOW' (Ie. Mlnt Ue apr...
intent th.~ ~. oOft~ol p~rc.l .ball have ~O~ ~. a~~it,.
thraugh the ,~antift' .f exclu8ive ~ilb~. oc p~1Yil.9a. fo~
tha ren4.r1nq of ..rvio.. or ~ae ..18 of p~od~ot. to
interfere v1~, or oth.~1.. i.pair or ~.etric~ tb6 OVft.~
01 'be Carae, Bank p.roal tro. 1...1n. .pac. 1a the
~uildift9 .1~.a~.4 Oft 1:h. CaZ'A_, aank ~aYe.l).
.Xotvith.taftdiftf anr otD.~ p~ov1.ion oontaine4 b.~.Jnt
exo.p~ v1~b r..J.ot to \he exel~.i~e rlght. O~ p~iYil.g..
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THOM~$ CARNE V P.S3
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9T.n~.d by the ovner of the Control Parcel which exl.~ at
the ti.. of tb. conveyanoe of ~h. carney Dahk Parcel ~o
Carney Bank )\lrauant to an Option A9re..e.n~ by and between
Carn.~ Sank .nd Max Developers, dated .oveaber ., 1t12,
Carney Ban~ sball be permitted to le... apac. to any
individual or entity, whether or .a14 .ntltr or individual
i. Q~ .nqav.. in the sa.. (or .i.l1&~) tYi. of bU8ine..
aet1vi~y or enter.pri.. (includ1n~ tho reDder1nq of ..rvle..
O~ the .a18 o~ ,coduats) .a &~ aXi.'1ftf tenant of ~b.
Shopping Center or Coctrol Pareel. ~h. ,raftt1D9 of
.XOlua1v8 rights or privileges to~ ~h. ~.nd.~ln9 of
..nlc.. or the a.l. of produot. by the ovne" of tbe .
8hopp1.n.g een~er or the Cont.rol Parc61 to . t.eftal'le or tutu.,. .
own.. of .~1 part 01 the Control '.~.1, .hall be null and
void an4 without .ttoob with ~..p.ct to .ny lea... by aft4
~.tV.'A 'he owftor of the ca~n.y 8.n~ ?arcel aft4 it.
't.nanta" .
It
~.~.vrapb '(.) is .-ended ~. follow.:
(a) (1) in place of the phrase "(~o tle detenlll84 aub.l&JUAftt
to ~h. .xecution bereof an4 1~dloa~.4 in a .uppl..~~al
4aala~a'ion). the follovinq phr... .hall be In..rted.
"a."enUan (1.7') pe.a:cant."
'(.)(3) 1. ber.b1 4.1.~.d.
..ra9raph . t. h.~.~y ...nded ~y .441ft' ~~. tol1oyin~
pa,.afZ'apbl
Prier ~e ".1\uaZ'Y 1, 2000, OwnoZ' agra.. \bat, foZ' .0 lon, ..
earney ..at, ita auooa..ora or ass1gne, op.~&t.. a 8lank-
en th. earney Ba.nJc Ja~~a1, ownu .haIl ftc)t 1...., .ulease,
or o~b.rvi8. op.~.'e or eOBt~aot., by cObV.yano. or
ethervi.., to anotA'S" baftk 01' laving. lna~iba.tl.a (whetbeE'
Oha.rtere4 S:Iy the .tate of f10:r148. .. _, 1:h. unitecl at.4UB'.
'he ,.~ -8ank- .hall ~ot ~alud. .ort93ge eo.panl..,
f!ft~08 GO&J6ft1.. or .ta11ar ooapani.. v~io~ do not aeee>>,
de,poa1t.. '
,.ra9rapb 11 i. h.~oby amen4e4 to provide, in each In...nee
Where Ul. prase -the ovner o~ the Ollve Garda paJ'cal. the
a44itional ph~... &hall be e4C.d -an4 the ovfter of the
eamey 8a.ak pucel.-
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eov'DAft8.i C01ID%'I'%On, AJID US~UC"l.tOH. ~bt. 1$'1""- day of
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. Be 6
Chairman of
Cal'ney BanJr.'
P.o. JJoJl 3219
BQyn~Oft Beach,
.
JO"T.)()g Wd80:Ll2l 96.. tE Nl:::If
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Tho... F, C.t:ll.~. "T~.. 'F.8flutt:e / ' ,
1101 llnth COftRl'UI "venue. 1%00 .-14-1~' ~:SJ~. 94-051:79
IOYlltOft Ruch. FL 3J426 ORB At 23 Pit cr4
. I ..,.-.._..
SECOND MODIFICATION OF DECLARATION OF EASEMENTS,
COVENANTS. CONDITIONS AND RESTR1CTIONS
THIS SeCOND MODIFICATION OF DECLARATION OF EASEMENTS,
COVENANTS. CONDITIONS AND RESTRICTIONS is made this 2.i.. day of February.
1994. by Max Develop"rs, Inc. ("OWNER-,. a FI"f'ida corporation wtlose address is 1101
North Congress Avenue. Suite 201. Boynton Beach, Florida 33426. .
WITNESSETH
WHEREAS, OVVNER made a Declaration of Easements. Covenants, Conditions
and Restrictions dated July 7. 1993 and recorded July 29, 1993 in the Public Records
of Palm Beach CountY. Florida at Records Book 7819. Page 1119, as .mended by that
cert.in First Modification of Declaration of eBsements, Covenants, Conditions and
Restrictions dated 3~'-Y tJ:f. 1993 and recorded at Records Book~( Page.1JL~
(coRec:tively, .OECLARA TION"):
WHEREAS, OVVNER has conveyed portions of t!'le Shopping Center described on
Exhibit .A~ hereto to General Mills Restaurants. Inc. rGMRI") and to Camey Bank .
("CARNEY"): and
WHEREAS. OWNER desires to further modify the DECLARATION as herein
provided and to provide evidence of the consents of GMRI and CARNEY,
NOW, THEREFORE. for Bnd in consideration of 'the covenants, conditions and
restrictions "erein contained. Ten Dollars (S10.00) and other good and valuable
consideration. the receipt and sufficiency of which are hereby aekn~ledged. OWNER
hereby declares as follows:
1. Paragraph 11 is ~ereby amended by adding the following to the end of the
paragraph:
No amendment or modification of lh" Decla,.tion, which eliminates 01'
diminishes the easements created for ingress. egress. and p.rlcing, shall
be effective unless the CICy of Boynton Beach is provided with written
notice Or the amendment or modlr1C8tion. The Notice to the City of
Boynton Beletl shall be In writing ."." be provie2ed by certtfted malt, return
. ... receipt reQuested no less than sixty (60) days prior to tne errective date of
the amendment or modifrcation. The nOlice must be accompanied by all
doeurne"ts which would, by their effecl constltule an amendment or
mOdification of this Oedaration.
I' this Declaration Is modified or amended 10 eliminate or dimimh Ihe
easements crealed herein, ea~ parcel identified herein shall be requlre'd
10 comply. with an applicable regul.tion, of tne City of Boynlon Beach 85
they relate to parfcing. ingress ,and egress,
2. All denned terms used herein shall have the same meaning as .et forth in
the Dedal1lltion. .
3. This second Modification may be executed in two (2) or maRl counterpal'!S
each or which aha" be deemed to be an original and.. n of wtlich together I"all constitute
one (1) and the ..me instrument.
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JOlJ08 Wd01:2~ 96, E083j
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ORe e 3" 949,
IN WITNESS WHEREOF. the parties t\ave .e1 thel~ hand. 8nd Mel, to this
SECOND MODfFfCATION OF OeClARAnON OF EASEMENTS, COVENANTS.
CONOmON$ AND RESTRIC"ONS this _ day of February, 1994.
. -
WITNESSES:
~/:C
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WIlHESSES:
.......-
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MAX DEVElOPERS. INC., a FlorkJa
corporation
By.
REESE JARREn'
President
THE UNDERSIGNED HeREBY CONSENT TO THIS SECOND MODIFlCATION OF
DeCLARATION OF EASEMENTS. COVENANTS. CONDITIONS ANO RESTRICTIONS,
AS OF THIS ..LL DAY OF FEBRUARY. 1994.
WITNESSES:
~~ ~t::'
MIl_ t+ 11fi.'-' ~ L~-;;I
e, 'I..t'c,!4/ S' Ij"~rJ~l,' .
...- E,''',RiN c:;: fI,{J;-;';#~ (;
WITNESSES:
~.- \
Rt-1k"Ji,-jtl. ~-f,1,..:,
,.,.._ J""'I ~-.I""'" A1,r'~' ,I, ,
V.j~~
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CARNEY BANK
'-I,
By:
C. BERN OJ as
Chairman of tht' Soerd. Cerney
Bank
P.O- Box 3219
Boynton Beach. Fl U.24-3219
By:
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ORB 1'-" 23 p, 950
NOTARIZATIONS FOR THE seCOND MODIFICATION 0.- OEClAAAnON
OF EASEMENTS. COVENANTS, CONDITIONS AND RESTRICTIONS
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was aeknoMedged before me this Y dtly of Febur.".
'994, by John Hoecker. the Vice President and Chairman of the 80erd of Max
Developers, Inc.. II Florida c:orpo/'8tion on behalf of the corporation. ~ III ~.1Iy
kr,own to me or has ~rod~ced 8S ldenttfic8tion eM e.
(did not) \8tce an oath.
.~~ ~~SiOnature)
(Print or Type N.ame)
(Title or Rank)
(SeriallCornrnission Number)
tIaIm Pubic
My Commission Expires:
STATE OF FLORIDA
COON1Y OF
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III). UTON
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The foregoing lnstn.ment Yr.IS Idcnowfedged befofe me this _ dll)' of Feburary,
1994, by Reese Jarrett, the President of Max Developers, Inc. . Florida COfPOfIItlon on
behalf of the corporation. He is penlontIlty known 10 me or has produced
as identifiC8fion and did (did not) take an oath.
(Signature)
(Print or Type Name)
(TItfe or Rank)
(SerialfCommisslon Number)
. .
~ Publie
My Commission Ext:lires:
(NOTARY'S SEAL)
...
,.
STATE OF kiJ:1Yr
COUNTY qF A'L-'1 ~""'"
The foregoing Instrument was aeknowtedgecl befOre me this .LL day of FebNary.
1894 by C. Bemllrd Jacobs. 1M Chelrman of the SOard of Carney Blink. 8
corporation on behalf of the corporation. ,.,.,. !!. ...,.Ity 1cnown to me or has
produced as identification and _(GfC:I nOI} lake an 01dh.
".::::2.~ l':"',.r-
7/.C: ~~ /' L'~ (Signature)
(Print 01' Type Name)
~otatV Public (rltle or Rank)
(SeriallCommission Number)
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ORANGE
?~OFF1C'AI. S~L
~ M.1"OMA5IATON
,-",In'oft 1:."
t:8)1.IH'
S.~. C_... Me. CCZS7818
.,ltol.......
The foregoing instrument was acimowledged befO,. me thl. _ dey 01 FebNa'Y.
1894. by Richard D. Hallenn8n, the Senior VICe Pretidert of General Milia R..tautants,
Inc.. a Florida COf1)Oration. on behllf of the corponltion, He Is personalty known to me
and did not t8Q .n oattl.
71; 'yi 4:~; " .
, ,.. ~ t '- .
Lt.. 0 UIne
Nolary Pu~11c
AA7'2789
My Commission Expires:
(Signature)
(Print or Type Name)
(title Of Rank)
(S.riallCommission Number)
~~
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(NOTARY'S SeAL)
JOlJ08 Wd01:20 96. E083J
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Exhibil ~^..
. OIlB ~ 123 p, _:'951-
RECORD VElll FlEt) OOllOM M ilIUISI
ClEAK OF Tt( COO," .. P8 (cum, Fl
:.
(Lepl Description of eonaol Paled)
^ ponion of Secrion 19, Township 45 ~l.lth. Ranse 43 East, P&!m Beach Comny. Florida,
beinr more pU'dcu1arly described as (onows:
CommcncinE at die Southeast Comer t)f said Section 19; thence North 00' S9'3~ West
along the East line of said Section 19, a distance of 2,728.1 I feet to . pCNn; thence South
89' 00'21" West, a dlstance of 60.00 feet to a poinr on the Westerly riJht~r-WI)Iline of
Congress A\ff'.nue, said point be"" the principal poitl. and place of beginrUJlg of the
followinl ducription:
Thence South ~3' 32'54" west, a diitence 0' 28.S1 (eet TO . point; I~ence North 00'
59'39'" West, . distance or 10.00 feet to I point; thence South 88' OS'26" West, . distance
of noo feet to a point; thence South 00' 59'39" EaSt, a distance of 30.00 feet to a point;
thence South 88' 05'26'" West, a diSTance of 418.00 (eet to , point; thence ,North 00'
59'39" West, a distance o( 609.99 feet to a point; thence North S8' 05'26' East. a distance
of 430.00 feet to. point; thence South 46' 2706" East. I dinan.c:e of 56.11 Ceet to . point
on th~ Wmuly right-of-way line of Congress Avenue: th~"ce South 00' 59'39" East along
the Westerly rirhtoOf.way line of Congress Avenu~. a cUstance of 529.99 feet to me.
prindpal point and pJace of beginning.
t.E.SS ntE FOLLOWING DESClUDEO PARCELS:
(Legal Description of Olive Garden Pueel)
A ponion or S~c~ion 19, Township 45 South, Range 43 East, palm Beach Co\1flty, Florida,
being more panicuJarly described as (oUows:
, Commenc:inr at the Southeast ~mer of saiJ Sterion 19, thence N DO. 59' 39" W aJong the
EaSt line of SlUd Section 19. . distance of 2,728.11 (eet; thence S 89' 00' 21'W, . distance
of 60.00 (eet toa point of inrersectio:. wfth the Wesf righr.of.way line of Congress Avenue
and the Poi.n~ or Befinning; , the1lce N 00' 59' 39" W along said Wes~ nrht.of.way Jin~, .
distance of 123.61 (eet; thence S 89' 00' 2'" W, . distance oC 186.00 feet; thence S 00'
59',39' E, a distance of 116.57 feet 10 a point that is SO.DO"feet NOM ofthe Nonh line
of that 90.00 (oot wide access easement tor "Boynton Seach MaJl Access ROld D', 1$
recorded in Official Records 800k 481-', at page 219, of the l'ubUc records of Palm Bellc:h
County, F101id:l; thence to! a8' OS' 26~ E Dnd parallcl with smd Nonh line or "Bcyruon
Beach M:all Access Roa~ 0", a distance of 117.62 feet; thence S 01 - 54' 34" Eo a c!istanc-e
cf 50.00 (eer; dle:nce N 88" OS' 26' E, a distance of 15.61 feet; thence N 00' S9' 39" w.
a disrmce of 30.00 (eet; thence N 88' OS' 26" E. II d.istarlce of 31.00 r.et; thence S 00' ."
59' 39" E, 1I clistance or 10.00 feet; thence N 43' 32' 54~ E. a diStal'lc:e: of 28.51 feel to the
POL"tl of Bcpnn:ng.
(L.eJIII Ocsc:ripllon or C:1mey SaM Partel)
A ponion of Seetion 19. Township"S South, Range 43 East, Palm Beach County. Florida,
beinr more particularly deseribed as (olloW!:
Corruntncing at the: Southeast comer or said Section 19: thence N 00' .59'39" W aJonr th~
Ease lin. of said Section 19, a disrance of 2.128.11 (eet; thence S 89" 00'21" W, . cWt4n('e
" ,of 60.00 leet ro a point o( intersection with the West right-o(.wIY line of ConJRSS Aveftue;
thence N 00' .59'39" W along said West rlsht.ot.way tine, a distance of 367.79 feet to the
Point of Belinninri thence continuinr N 00' 59'39" W aIoftl said West ri(htoO(.wllY line.
a distan~ of 162..20 (eef; dtence N 46' 2T06" w. . distance of 56.11 feet; rhenc. S sa .
05'26" W, . distance of 201.00 leet; thence: S 00' 59'J9" Eo, a distance of 1'tl.1S (eeti
. thence N 89" 00'21" E, a distance of ~4.91 (eetj thence S 00' 59"39" E, . distlftcC of.
51.20 feet; tnel!ce N 89' 00'21" E. a distance of 216.00 leer to the Point of Seginninf.
".
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