CORRESPONDENCE
%e City of
'Boynton 'Beacfi
Pfanning & Zoning 'Department
100 'E. 13oynton 13eadi 130ufevara
P.O. 13o~310
13oynton 13eadi, ~foritfa 33425.0310
(407) 738-7490, ~5U: (407) 738-7459
September 27, 1993
Simmons & White, Inc
Attn: Charles Simmons
4623 Forest Hill Blvd., Ste 112
West Palm Beach, Fl 33415
RE: Waiver of Plat - Boynton Lakes Plaza
Dear Mr. Simmons:
This is to inform you that your request for a waiver of plat at
Boynton Lakes Plaza was approved by the Planning and Development
Board at its meeting of September 14, 1993.
This waiver amends a prev~ous approval of a waiver made by the
Board June of 1993. This :approval is subject to submission of
cross access and cross parking agreements between the outparcels
and the shopping cent-er owners.
I hope this letter is of some help to you.
If you should have any questions, please feel free
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call me.
Yours truly,
~~
CHRISTOPHER CUTRO
Planning & Zoning Director
CC: frb
A:BLksPl.frb
Jlmenca s (jateway to the (julfstream
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,
SIMMONS & WHITE, INC.
Engineers" Planners. Consultants
August 24,1993
City of Boynton Beach
Planning & Zoning Department
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Attention:
Christopher Cutro
Re:
Boynton Lakes Plaza
Waiver of Platting
For Outparcels 1 and 2
Dear Mr. Cutro:
On May 6, 1993 our office, on behalf of the Owner, requested a
waiver of platting for Outparcels 1 and 2.
On June 8, 1993, the request went before the Planning &
Development Board meeting and a waiver of platting was issued for
two outparcels on the site identified as Outparcels 2 and 3.
We are hereby requesting an amendment to the Waiver of Platting
issued June 8th for the above-referenced project to accommodate
the two outparcels waived to correctly show Out parcels 1 and 2.
Please find enclosed nine (9) copies of the site plan showing the
out parcels to be waived, for your use.
Should you have any questions, please call.
Sincerely,
~#ZNC'
Scott Serra
SS/jp
93-8B
Enclosures
cc: James D. Tepper
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965.9144
F:
FRU-CDN
15933 Clayton Road
p, 0, Box 100
Ballwin, Missouri 63022-0100
314/391-6700
FAX: 314/391-4513
January 20, 1994
Ms. Tambri Heyden
Acting Planning and Zoning Director
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Reference: Record Cross Access and
Parking Easements Outparcel
Legal Descriptions
Boynton Lakes Plaza
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Dear Ms. Heyden:
I appreciate you taking time to meet with me Tuesday, January 18, 1994, to discuss the Waiver
of Plat for our two outparcels. As we discussed, I believe everything is in place.
Please find enclosed copies of the Cross Access and Parking Agreement as they were recorded
in the Winn Dixie Submittal. Also, the legal description of each of the two outparcels, The
only difference is that the outparcels are identified as Parcel A and Parcel B, rather than
Outparcel 1 and Outparcel 2 as on the "Mise, Compliance Drawing". This was done to
correspond with some earlier drawing included in the Winn Dixie Lease.
I have higWighted the sections of this document concerning the issues we discussed. After you
have looked over this information, please call me with your thoughts or recommendations in
order to satisfy the City's needs. Again, thank you for your time and consideration.
Sincerely,
-;::6~~~
Director of Development and Acquisitions
TRH:kh
ill
JAN 2 6 1994
m@muwm
PLANNING AND
ZONING DEPT.
ill
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cc: R. Maloof
A. Goins
ERF
FRU-CON DEVELOPMENT CORPORATION
@
SIMMONS & WHITE, IN~.
Engineers · Planners · Consultants
March 9, 1994
Re:
Boynton Lakes Plaza
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Attention:
James D. White, P.E.
City Engineer
Dear Mr. White:
In accordance with your Memorandum No. 94-047, we have had legal
descriptions for the project verified by a Florida Registered
Land Surveyor. The original document provided to us is enclosed
herewith.
Very truly yours,
SIMMONS & WHITE, INC.
c~~ft;;~u:W~
CJS/jp
93-8E
Enclosure
cc: Terry Harms w/encl.
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9"144
NICK MILLER, INC.
Surveying
Planning & Development Consultants
March 4, 1994
Mr. James D. White, P.E.
City Engineer
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Re: Boynton Lakes Plaza
Dear Mr. White:
We have been asked to review the attached descriptions to determine
if the parcels described, lie within the plat of Boynton Lakes
Plaza (P.B.,70, Pgs. 47-48).
Both "Out Parcel A" and "Out Parcel B" (in O.R.B. 7699, Pg. 1000),
as described lie within the plat of Boynton Lakes Plaza. The "Legal
Description of Shopping Center Exhibit "A"", in which we have
modified two typographical errors, also lies within the plat.
Should you have any questions, please contact me at your
convenience.
C1&~s.
President
NMjrm
2560 ReA. Boulevard, Suite 105 · Palm Beach Gardens, Florida 33410. (407) 627-5200
Fax (407) 627-0983
FR~~ A~G.OEUElOPMEHT
2.18.1994 11118
P. 1
IMCJIQIRIl(a gl'AR~'J! MlMOJUUmUX IrQ. '4-0"
raOH.
T~~ri J. Herden
Aoting plann nq , lonin9 O!rectQr
James 1), White, ,.r..f) ~
City Kn;in..~ ~
PeDru.ry 7, 1"4
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tlA'ri:
REf C~o.. Acce.. ~,.e'''ft~ of IQrA~OD ~ak.. Pla.a
1 h~v. rev1e~ed thi. aqr..mlnt whioh IOU I.nt ever and I .ugg..e it
be ,ent to the City Attorney for rev ew and comment.
l have rGv1o~.d the 1.ql1 de.eriptionl and cannot CQnC!rm th.~ they
are o.r:c\.1rate, r.H)".".ec", or 'VIA that tnlv d,.crib, land.. within
Boynton take. pl~za, and it ..~m. that they may be !noorreot. If
you wilh to DI certain th.y are gorr.c~ and accurate and that we
can verify thie, a certitied lurvey !a need,4 with & lurv.y plat
I,aled by . rlor141 regiet.red Land surveyor.
If you need more intormation or have any quastiona, plo4.. call.
JDW/ok
t:BLPACll\I:I.CK
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SIMIvlONS & WUlTE. I~C.
1994 ,11: 33RI'1
F',U2
LEGAL DESCRIPTiON' 'OF SHOPPING CENTER
EXlimn "An
All that certain piece, parcel or tract of land lying and in Section 8 Township 45 South, Range
43 East, Palm Beach County, Florida and more particularly described as follows:
Begin at the southeast cornet of "Boynton Lakes Commercial II as record:d in ~lat Book ~9 01:
Page 97 of the Public Records of Palm Beach County, Florida, said pOll1t bemg th~ POlIlt ?f
Beginning of this description; thence, continue North 04049'36" West along the East hnc of said
"Boynton Lakes Commercial" plat a distance of 37 .46 feet; thence, continue North 85010'24"
East, a distance of 163.15 feet; thence; continue North 04049'3611 West, a distance of 167.20
feet; thence, continue North 88059'1511 East, a ~istance of 48.11 feet to a point being 18.50 feet
South of, as measured at right angles to, the South right..of-way line of Hypoluxo Road as
recorded in Official Record Book 4692 on Pages 1742 and 1743.. Public Records of Palm Beach
County, Floridaj thence, continue North 85010'24" East parallel to Raid South right-of-way Ilne
of Hypotuxo Road I a distance of 147.00 feet; thence, continue North 04049'36" West a right
angles to said South right-of-way line of Hypoluxo Road, a distance of 15.53 feet; thence,
continue North 83041'02" East, a distance of 114,45 feet to a point lying on said South right-of-
way line of Hypotuxo Road; thence, continue North 85010'24" East, a distance of L73,58 feet;
thef)ce, continue South 49048'44" East. a distance of 34.75 feet to a point on the West right-of-
way line of Boynton Lakes Boulevard, as laid out and in use, "Boyntun Lakes Plat No.4,
P.U.D." as recorded in Plat Book 49 on Pages 179 through 182, Public Records of Palm Beach
County, Floridai thence, continue South 04048'44" East along said West right-of-way line of
Boynton Lakes BOtllevard, a distance 0(587.00 feeti thence, continue South 40011'16" West,
a distance of 35.36 feet to a point in the North right-of-way line of Plaza Lane, as laid out and
in use, "Boynton Lakes Plat No.5, P.U.D.1l as recorded in Plat Book 52 on pages 105 through
108, Public Records of Palm Beach County, Floridai thence, continue South 85011'1611 West
along said North right-of.way line of Plaza ,Lane, a distance of 651.40 feet; thence, continue
North Q4 149'36" West, a distance of 156.00; thence, continue North 49049'36" West, a distance
of 28,80 feet to a point on a circular curve to the left whose radius bears South 15013' 50" West;
thence, contlnu~ westerly along the arc of said curve having a radius of 430.00 feet and a central
angle of 02057'40", a distance of 22.22 feet; thence, continue North 77043'5011 West, a distance
of37.36 feet; thence, continue South 85010'24" West, a distance of 66.43 feet; thence, continue
South 41053'31" West, a distance of 26.99 feet; thence, continue North 01el23'21" West, a
distance of23.55 fect; thence, continue South 85010'24" West, a distance of9.43 feet to a point
lying 16.00 feet East of, as measured at right angles to, the East rightMof-way line of Congress
A venue as recorded in Official Record Book 4456 on Page 565 of the Public Records or Palm
Beach County t Florida; thence, continue North 05011'35" West paratlel to said East right-of-way
line of Congress Avenue, a distance of 54.84 feet; thencet continue South 50000'36" East, a
distance of 28.15 feel; thence, continue North 85010'24" East, a distance of 63.41 feet; thence,
continue easterly along the arc of a circular curve to the right having a radius of 70.50 feet and
a central angle of 11~9'56", a distance of 14.15 feet; thence, continue easterly along the arc
of a circular curve to the right having a radius of 470.00 feet and a central angle of 07012'43 II
a distance of 59.16 feet; thence, North 49007'35" East, a distance of 34.52 reeti thence, continue
North 04049'3611 West, a distance of 178.53 feet, thence, South 85010'24" West, a distance of
5'.00 feet to, the' point of beginning. Containing '9.201 acres, more or less.
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OUt PARC&L A
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.~&1', '~LH li~C" COUH'l'Y, rLOaXPA a~lHa Kona PM\1'lCULM\uY
DB9CftlB80 h' '(,)1,1.0"'8"
~"H~tiCIWl AT 'l'IIS 80UTIIW2B'l' CORK~R OF "BOYNtoN LAl<ES COHM~"CI ALl.
"8 1\UCORO&O IN PLAT bOOlt 6. ON PAOI 97 or Tn~ PUDL10 I\ICOJU>S or
l'~ut BIAen COUNty, rLORIO^, 81.10 OOI\N~a 8S1ua ~ I'OJNT en ,..
C1RCULAR CUJ\VITO Till LtrT \moss RAPtuS bE"ns N01\TII eD".' 1~11
!AS1', 8AJO fJOIUT A~BO 8E1HU 16.00 r~BT, AS tfUStn\IO AT "Ion,
*"UOLJ9, t....sor or 'rUB EAST R10UT OF W1\Y, LUfl 01 CONGRESS AVENue AS
RECOl\OtD ~N OrrXOl^L ~SCOI\D hOOK 4456 on p~oa 06& or 'l'nl ~U~l.lC
R2cQnos 0' ~^Ui 8tl\CII COUtl'''', fLORIDA' 'l'1l!tloa, COH'rrUUI
SOUTHtALV M~D PM\"LI,SI~ TO S~If) ~~8T nIGHT 0' \4A" t.1HI or COHOR~9S
c\VtllU!, "LOHO 'l'tiS ^nc or S~10 ClJl\V~ !lAVING A MDIUS 0' 11'&3.16
r!r.'I' MID It. CBUTRAL AtIQt.S Qr 00'44'10", A Ots'Z'Mtct or 162,00 .'BETI
TH~NCk, SOU1'1I OO'll')!;)1I EI\U'1', ^ OX6TM{C8 OF 64.14 rEi'!' TO ^ N>lU~
BtlUO 15.00 P!!'1'" AS HS^SUJU~[) AT RtoU1' "UOLES, E~ST or, 1'1I~ SAID
!~ST IUOllT uJr WAV LUtE ur COt4oRtsS AVlHUI, THtNC~, HOM'"
a,tto'2411 t.\S1', ~ nJST^HCE OF 9,43 FEB'l', Ttlf:UCB, SOUTH OP23'2\1I
e",sT, l\ OIST~tlCB O~. ~),!)!) FEtT '1'0 1'ue l>plt:(1' pr B!aHUUUQ'
I%'HEHC~, UOR1'Jt 4Pl)~'31" nMJ'l', 1-. DTSTMICB OF 26.tl 'tE11 1'H~lI(:E,
t10nTH 85(<10'H" EAST, II. OJSl'MW)$ OF 66.4) t~t1't 'tUtHCt:, S<,lU1'1l
"'4:1"0" EAST, ,.. I)lS1'AIH~EOI' 31,)6 I'B!tl THtUCE, COHTIHVl: A1.0UQ
TilE ARC OF A CIRCUAU CUHVt: '1'0 TilE RIOHT UAVIlIa " RAPIUS 0' .~O.oo
res'r ~ND A 'ctW1'R>.JI ^HOLE 0'" O:J.~'/'40Il, ~ lUSTMCCI or 23.22 pe!",
THEnCE, SOU"!'H U".9')'u !~s't, A f>lSTAUCZ OP a8..0 rtatl 'I'IlIHWt,
SOU1'U 04'4!)')OIl E^ST. ^ D1S1A.NC8 or 156.00 FSZ1', "Il!tlO!, SOUTH
8!>>"11'16" W!ST, It. OJS1'I\UClt or 14'I,a3 ,.SIT, 'tU!KC~, NOI'TII
IU.06~O)'1 Wig,., ^ U1S'l'AtlCa or 34.40 rEET, 'fHtUCB.L~?nTJI
01'23'al" MEs'r, ^ DtS't,\llcn Ot' ,l."~,.'o 'Be1' 'l'&) Till-: 1'..Q.ll11.0r
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A PAnctt, 0' 1-~tlO l.YING U' SEOTJOtl I, '1'0"'1I81I1P ..~ SOUTH, AArhl& 43
". 11\9't', fl\LM B!ACII COUNTY, f',..o)UD^ btIHO "CInE PA'R'l'ICULPtnl,'1
OEICR181b ^8 rOL~OWR' '
!5ltCIH -',. THI BOU.,.UEASr eO~HEA 'OF "eOY,'1'ott LA)(ES COHHJutCJM.tI ,\s
fllCORDED 1>> PLAT bOOK 69 ON PAOB t7 or TUI PUbLte ,.r:COJU>O 0.' PALM
811-.CH COUH'TY, rLonto", BAlD tOIHT BRitto till ~lHf 0' QJ=QUilftllQ
or TH18 DaSCRJ PTJOH, THtuct, COWI'UHJB SOUtU e~.10' a4" WEST "'1.0NO
1'HIe I:IOU1" L2ti! OF 8,\11) "BOYHTO~ t~x~s COKMtnarAL" PL~", "
DISTANCe: 0' 17'.4J .'t21 1'0 A POINT ON A e'RCUu." ounVJ TO 'flit
L!'1' WJIt')S! RAOlUS BEARS NORtH Ult.:u'J~.' 8.\9'1', SAID POUlT 8lUW
16.00 P!!1', ^8 Ht"SUR8D J\'r nlOUT ANOL!S, EAST'Of Tilt ,:^ST l\tOIlT
or WAV LINB or COHOfHUIS AVttlUe 1-.$ J\tCOADtt> ttt O"J:C~M, l'\1tC01\O
800K 4456 Ort fJI\O~ !S6D or 'tIlB PU~LIC I\tconO$ or fA"''' DEACU COUltTYt
'LOR% DA, TUEHca, COK1'UIUa SOUTII!R~Y J\lIU P,\RAf,Lt.L '1'0 SAJP 81.81'
IUOII,. or \i^Y Llue or CONCRESS ^VtNU~, AI.CJUC '1'H2 ARC CJ' 8,\10 CUP-V!
It^VUta 10. 1lA.DIUa or U:l13, HI rr.f:T AHIJ It CJ:HTR.AL I\HOL8 0'
00.(6'10", ^ DISTAIICJ1: Of \'Z.88 rtt1', TlltUCB, CONTIHU~ 500TII
.-{)~.11/3GIt ~I\S1' ^ D1STAtlC!:O' 11/30 rJ::t;T TO " rOXHT 8BIUO lcS,t>o
rEE1', ~s ).ttASURED AT nJOtl'r ANQLK9, ttAS1' 0' THE SAID I,\S1' ftHtIIT or
""-''i t.1tUt 0' COHCJR~~~ "VEnus, TlfEI/O!!:, eONrUIU~ SOU'tH 80"00'3611
t~s'r, ). 1>16-r"HCt) or 2e.l~ rlS~T' TUttle!:, eoUTlHUt H01\1'U e"so'~,,"
I,\ST, A 01 8rMH,l~ or 63. ,u reE,., tlltUct, COHTtUU~ I~STr.RLY "-LOIIO
^ C1P-CUL"R CUlwe '1'') T~l IUO\l1'. ffAVINO A 't),.\)lU9 OF 10,00, ,ttT ~1l0 ",
C8HTI\~L AHOLE OF U"29'~G", ^ Dli11'Mtc:t Of 14.1& ft~TI T/lJlIICI,
COUTIHUI:: E>'STtRt.~ ^L<.mo ~ ct"CUL~ CURVE 'to 'I'ME RIeur 1I.\"1UO ^
l\AOIUS OF "'0.00 fttT ~HU 1\ OtH'l'AAt. ~H01.t: or '.12' 0", ^ DI8TJ..IIC!
or DPd6 f'E"' THI;Ifc.:~, oU'rlUU~ tfOH111 4~.07')"1 tAST. ^ DI&T,..uce"
or 34,'~2 'EST' '1'H~NC!, COtiT1HV~ HORTIJ 04'.~/.U" WEST, ^ OJaT^IlC~
or 178dS3 ,stT, THENce, COH1'UiU.B SOU't" OD'10'~4" w~s~ ).
D1 ST,\uez or 5.00 Fser TO 'rIlB fPt H/~ PI' 8zaliJUlllQ.
COUTAHUUO 0.174 Acnes, HO~B on U~ss,
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FRU-mN
15933 Clayton Road
p, 0, Box 100 March 23, 1994
Ballwin. Missouri 63022-0100
314/391-6700
FAX: 314/391-4513
Ms. Tambri J. Heyden
Acting Planning & Zoning Director
CITY OF BOYNTON BEACH
.... P.O. Box 310
Boynton Beach, FL 33425
Reference: Request of Acceptance
Cross Easements, Access and Parking
Boynton Lakes Plaza
Dear Ms. Heyden:
I am writing to follow up on my letter dated January 20, 1994, copy attached. Mr. White, on
February 7, 1994, had advised he was unable to determine if the outparcels were located within
the legal description of the center. On March 4, 1994, Mr. Nick Miller, an independent
licensed surveyor in the State of Florida, sent a letter to Mr. White that provided the
determination that both outparcels did in fact lie within the shopping center.
Now that the City has proof that the outparcels, as described in the previously provided
information, do lie within the center, does the recorded cross access and parking agreements,
for the outparcels, satisfy the requirements set forth in the approved Waiver of Plat? If so, I
would appreciate it if you could provide me with a letter stating that the requirement is met.
As the Owner's continue to move forward with their ongoing negotiations for these outparcels,
it is important that they get this matter resolved satisfactorily with the City. The major part of
the Waiver of Plats is approved and your assistance in meeting the final requirement is greatly
appreciated.
I sh311 anticipate the letter at your e?xJiest convenience. If you need to further discuss anything
relating to this, please feel free to call me a (314) 391-4623.
Sincerely,
~{~~~
Director of Development & Acquisitions
TRH:kh
R, Maloof
A. Goins
Boynton File
ERF
cc:
00
00
FRU-CON DEVELOPMENT CORPORATION
FRU-CON DEVELOPMENT CORPORATION
~
This Instrument was prepared and
recording requested by, and should be
returned to:
J Peggy H. Morris, Esq.
. I Fru-Con Development Corporation
t; 1 5933 Clayton Road
Ballwin, Missouri 63011
SEP-08-1994 10: 49am 94-304658
ORB 8418 P9 1361
II. .... . III." ... II ...
FIRST MODIFICATION TO DECLARATION OF RESTRICTIONS
AND GRANT OF EASEMENTS
THIS FIRST MODIFICATION TO DECLARATION OF REST~CTIONS AND
GRANT OF EASEMENTS (the "Modification") is made as of this ~lday of ~
1994, by BOYNTON LAKES PLAZA PARTNERSHIP, a Florida general partnership (ttie
"Declarant") ;
WITNESSETH:
WHEREAS, by Declaration of Restrictions and Grant of Easements dated
March 29, 1993, and recorded in Book 7699 at Page 993 of the Palm Beach County
Records (the "Declaration"), Declarant did declare, establish, grant and provide for the
benefit of Declarant and subsequent owners, tenants and occupants (collectively, the
"Beneficiaries") of certain parcels of land located at the southeasterly corner of the
intersection of Congress Avenue and Hypoluxo Road in the City of Boynton Beach,
County of Palm Beach and State of Florida, as more particularly described in Exhibit
"A" attached thereto and incorporated therein, certain restrictions, rights, obligations,
easements and licenses as more particularly described in the Declaration; and
Whereas, said Exhibit "An attached to the Declaration is incorrect in
certain respects and Declarant desires to modify the Dec!aration to provide for the
correction thereof;
NOW, THEREFORE, in consideration of these presents and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Declarant, for itself, its successors, representatives, grantees and
assigns, does hereby declare and provide as follows:
1 . Effective as of the date hereof, Exhibit" A" attached hereto and
incorporated herein by reference shall be substituted for Exhibit" A" attached to the
Declaration.
ORB 8418 P9 1362
2. Except as expressly modified hereby, the terms and conditions of
the Declaration shall remain unchanged and in full force and effect, and are hereby
ratified and confirmed.
IN WITNESS WHEREOF, Declarant has executed these presents as of the
day and year first above written.
Signed, sealed and delivered
in the presence of:
BOYNTON LAKES PLAZA PARTNERSHIP,
a Florida general partnership
~~
~rinted Name:
S~<.4- ~~
pri/t~~~HErF#dC
7ft /l~(,j r'. 4tr~,
pr~ted ~me: ,:~ (~ JTl:!'ltV
~~ &~ /,de-
Printed Name. 'NA-LIA- uJAtLAltJeK.
By: Fru-Con Development of Florida, Inc.,
its duly autho . General Partner
By:
Title: s;:.
Printed Name: A
Address: /q~3 ~uf.Y7dN ~
Attest: ~ ~fwv \
Secretary "-
Printed Name: UvNAflD e, f2...z.1 c.,,- A, J<2.
Address: j'!;Y3..j Ct..Cl'f7iJtV I!&/JO
OA'-Lj..,JlrV, Mo ~3DIJ
,
As to Declarant
DECLARANT
N:\PHM-BlPPIl SlMOD,[)[ClARA T1DNB94
2
STATE OF fli
COUNTY OF jxrfs
ORB 8418Ps1363
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J The foregoing instrument was acknowledged before me this Iii1/.. day
of ~L 1994, by Richard Maloof, Vice President of FRU-CON DEVELOPMENT OF
FLORIDA, INC., a Florida corporation and duly authorized general partner of BOYNTON
LAKES PLAZA PARTNERSHIP, a Florida general partnership, on behalf of the
corporation as such general partner, who is [Please check onel vpersonally known
to me or _ who has produced _ as identification [Check Onel and lor Vwho did
not take an oath _ who did take an oath. t
.H /.-,6..
Given under my hand and offi9,ial seal this ) () l/(jay of {.&"'r 1994.
~ ~
~j~a ' YL
J> mted Name: [l~ ~S<.:hradel
Notary Public, State and County aforesaid
My Commission Expires:
Notary 10 No.:
'. ~ ',.
"',., "
(NOTARIAL SEAL)
NolIlriaI Seal
, PubIc
Reading. Berks COunty
MyQm'nission Expires Oct 6,1997
, AssocialiOn of
N:\PHM-BlPP, 1 SlMOD.OEClARA nONBll4
3
ORB 8418 pg 1 364
STATE OF/~)( '~lh L~
COUNTY OF Sf ~'().......-.
The foregoing instrument was acknowledged before me this I::.>r", day
ofa,.~",,~11994, by Len Ruzicka, Secretary of FRU-CON DEVELOPMENT OF FLORIDA,
INC., a Florida corporation and duly authorized general partner of BOYNTON LAKES
PLAZA PARTNERSHIP, a Florida general partners~, on behalf of the corporation as
such general partner, who is [Please check onel L personally known to me or _ who
has produced _ as identification [Check Onel and lor ~/ who did not take an oath
who did take an oath.
'. ~ ::-, ,
.- , , ......
f//'~"./.~,~:~ ~ ~_ ~
: "....J: ...., t.' ; ,f;..).J .. - ~ ..
... . "")' e. ~,' Q I - .
~; ;.. ~:~~~'~~ .//~,
':', : (J{'O~ARtAL SEAL)
'J , . : .~. .:.
.~:
Given under my hand and official seal this Jd.. r ~ day of It. t/'~ 1994.
(Ai t ~ ~f. ;:Ii )'.-----.L-
Printed Name: ( I, {,', 1/ {: (L/'- ~_
Notary Public, State and County aforesaid
My Commission Expires: CHEAl Q. CtJiPI
NotarylD No.: NOTARY PUBLIC-STAT! OF MI"
ST. LOUIS COUNTY,
MY COMMISSION EXPIRES DEC. 26. 19911
"
, . ';--
N:\PHM.8LPf'll SlMOO ,OECLAftA T10N894
4
'_.,-----_._---~-- ---~-_.~.._.._..,-----_.
EXHmIT "A" ORB 8418 Ps 1365
OOROTHY H WILKEN
CLERK OF THE COURT - PB COUNTy, FL
LEGAL DESCRIPTION OF SHOPPING CENTER
EXHmrr "A"
All that certain piece, parcel or tract of land lying and in Section 8 Township 45 South, Range
43 East, Palm Beach County, Florida and more particularly described as follows:
Begin at the southeast comer of "Boynton Lakes Commercial" as recorded in Plat Book 69 on
Page 97 of the Public Records of Palm Beach County, Florida, said point being the Point of
Beginning of this description; thence, continue North 04049'36" West along the East line of said
"Boynton Lakes Commercial" plat a distance of 37.46 feet; thence, continue North 85010'24"
East, a distance of 163.15 feet; thence, continue North 04049'36" West, a distance of 167.20
feet; thence, continue North 88059'15" East, a distance of 48.11 feet to a point being 18.50 feet
South of, as measured at right angles to, the South right-of-way line of Hypoluxo Road as
recorded in Official Record Book 4692 on Pages 1742 and 1743, Public Records of Palm Beach
County, Florida; thence, continue North 85010'24" East parallel to said South right-of-way line
of Hypoluxo Road, a distance of 147.00 feet; thence, continue North 04049'36" West a right
angles to said South right-of-way line of Hypoluxo Road, a distance of 15.53 feet; thence,
continue North 83041 '02" East, a distance of 114.45 feet to a point lying on said South right-of-
way line of Hypoluxo Road; thence, continue North 85010'24" East, a distance of 173.58 feet;
thence, continue South 49048'44" East, a distance of 34,75 feet to a point on the West right-of-
way line of Boynton Lakes Boulevard, as laid out and in use, "Boynton Lakes Plat No.4,
P. V.D." as recorded in Plat Book 49 on Pages 179 through 182, Public Records of Palm Beach
County, Florida; thence, continue South 04048'44" East along said West right-of-way line of
Boynton Lakes Boulevard, a distance of 587.00 feet; thence, continue South 40011'16" West,
a distance of 35.36 feet to a point in the North right-of-way line of Plaza Lane, as laid out and
in use, "Boynton Lakes Plat No.5, P. U,D." as recorded in Plat Book 52 on pages 105 through
108, Public Records of Palm Beach County, Florida; thence, continue South 85011 '16" West
along said North right-of-way line of Plaza Lane, a distance of 651.40 feet; thence, continue
North 04049'36" West, a distance of 156.00; thence, continue North 49049'36" West, a distance
of28,80 feet to a point on a circular curve to the left whose radius bears South 15013'50" West;
thence, continue westerly along the arc of said curve having a radius of 430.00 feet and a central
angle of 02057'40", a distance of22.22 feet; thence, continue North 77043'50" West, a distance
of 37.36 feet; thence, continue South 85010'24" West, a distance of 66.43 feet; thence, continue
South 41053'31" West, a distance of 26.99 feet; thence, continue North 01~3'21" West, a
distance of 23.55 feet; thence, continue South 85010'24" West, a distance of 9.43 feet to a point
lying 16.00 feet East of, as measured at right angles to, the East right-of-way line of Congress
A venue as recorded in Official Record Book 4456 on Page 565 of the Public Records of Palm
Beach County, Florida; thence, continue North 05011'35" West parallel to said East right-of-way
line of Congress Avenue, a distance of 54.84 feet; thence, continue South 50000'36" East, a
distance of 28.15 feet; thence, continue North 85010'24" East, a distance of 63.41 feet; thence,
continue easterly along the arc of a circular curve to the right having a radius of 70,50 feet and
a central angle of 11~9'56", a distance of 14.15 feet; thence, continue easterly along the arc
of a circular curve to the right having a radius of 470.00 feet and a central angle of 07012'43"
a distance of 59.16 feet; thence, North 49<>07'35" East, a distance of34.52 feet; thence, continue
North 04049'36" West, a distance of 178.53 feet, thence, South 85010'24" West, a distance of
5.00 feet to, the point of beginning. Containing 9.201 acres, more or less.
fJ1ie City of
t:Boynton t:Beacli
100 'E. 'Boynton 'Beadi 'Bou1evanl
P.O. 'B~310
'Boynton 'Beadi., %mtf4 33425-0310
City:Jfa([: (4fJ7) 375-6000
!f.!U: (4fJ7) 375-6090
October 10, 1994
Mr. Terry R. Harms
Director of Development & Acquisitions
Fru-Con
15933 Clayton Road
Ballwin, Missouri 63022-0100
RE: Boynton Lakes Plaza - File No. 775
City approved cross access and cross parking easement
Dear Mr. Harms:
A condition of ap~roval of the waiver of plat for Boynton Lakes
Plaza, granted by the Planning and Development Board September 14,
1993, was to pro'vide the city cross access and cross parking
agreements between the outparcels and the shopping center owners.
(See attached approval letter dated September 27, 1993 and signed
by Christopher Cutro, Planning and Zoning Director). The documents
you submitted to the city with the Palm Beach County Clerk of the
Court recorded marking have been accepted as complying with the
condition of approval.
May 10, 1993 - 9:55 a.m. - 93-140640
ORB 7699 page 993 thru 1001
and
First Modification
September 8, 1994 - 10:49 a.m. - 94-304658
ORB 8418 page 1361 thru 1365
If you should have any questions, please feel free to call me.
Development Administrator
XC: Simmons & White, Inc.
Central File
A,BOYLX'LI.'XG
.f<tnrerica's (jateway to tfu (julfstream
.'L"....'....W.' yuu;wuy r;o rne YULJ,sr:ream
F::
FRU-mN
15933 Clayton Road
P. 0, Box 100
Ballwin. Missouri 63022-0100
314/391-6700
FAX: 314/391-4513
September 21, 1 994
Mr. Mike Haag
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Reference: Waiver of Plat
Boynton Lakes Plaza
Boynton Beach, Fl
Dear Mr. Haag:
Pursuant to finalizing the Waiver of Plat for Boynton Lakes Plaza Outparcels, please
find enclosed the corrected and recorded legal description for said shopping center.
This should now finalize all requirements. I would appreciate you forwarding written
approval of Plat Waiver at your earliest convenience.
Sincerely,
.r-I '
a:J.l~:.A ;!? ~(i:_-t1~/['~'
Terry . arms
Direc I of Development & Acquisitions
TRH:kh
cc:
J. Tepper
D. Schrader
R. Goins
Boynton File
ERF
rn
SEP 2 c 1993
~~~gM:D
FRU-CON DEVELOPMENT CORPORATION
@
~
FRU-[DN
15933 Clayton Road
p, 0, Box 100
Ballwin. Missouri 63022-0100
314/391-6700
FAX: 314/391-4513
May 11, 1994
Ms. Tambri J. Heyden
Acting Planning and Zoning Director
CITY OF BOYNTON BEACH
P.O. Box 310
Boynton Beach, FI 33425
Reference: Outparcel Plat Waiver
Boynton Lakes Plaza
Dear Ms. Heyden:
I spoke with Mr. Mike Haag on Apri118, 1994 concerning my previous correspondence on the
above referenced subject and he explained about Mr. White's departure and that the services of
an outside engineering firm had been retained. My understanding at that time was the
information which we have submitted was being forwarded for review and, hopefully, approval.
It is now about a month later and we still have not heard anything about our submittal. This is
creating problems for us in our efforts to move forward with interested parties for these
outparcels. I would appreciate it if you could look into this and advise at your earliest
convenience. If there is still some information required to complete the last remaining
requirement for the plat waiver, we need the exact form and content of the information being
requested.
J appreciate your efforts on our behalf. If there is anything I can supply over the phone or via
fax, please feel free to call me at (314) 391-4623.
Sincerely,
c:::::T7- ~J)~
Terry R. Harms
Director of Acquisition and Development
TRH:kh
\OJ! ~
IUU MAY \ 6 \994
~ U W ~
rn
FRU'CON DEVELOPMENT CORPORAnON
@
F:
FRU-CON
15933 Clayton Road
p, O. Box 100
Ballwin, Missouri 63022-0100
314/391-6700
FAX: 314/391-4513
VIA FAX & U.S. MAIL
June 30, 1994
Ms. Tambri J. Heyden
Planning and Zoning Director
CITY OF BOYNTON BEACH
P.O. Box 310
Boynton Beach, FL 33425
Reference: Outparcel Plat Waiver
Boynton Lakes Plaza
Dear Ms. Heyden:
It is my understanding that the City Attorney, Mr. Jim Cherof, has approved our submittal of
the Cross Access and Parking Agreements as meeting the condition of the City Commission
Approved Plat Waiver. Based on this, please advise me as to when we can expect to receive
the official acceptance of these Agreements. Weare currently preparing final revisions to sales
contracts for the outparcels and need the City's written acceptance in order for us to continue
to move forward and execute the sales contracts. It is my understanding that this documentation
will need to come from your department. We would appreciate your assistance in obtaining this
written acceptance.
Thank you for your cooperation and efforts on our behalf. I shall anticipate receiving either a
phone call advising or the acceptance of the Cross Access and Parking Agreement at your
earliest convenience. My direct office number is (314) 391-4623,
Sincerely,
eX r2 bJ~
Terry~armS
Director of Acquisition and Development
TRH:kh
cc: Boynton File
ERF
~
~ U W ~
ill
Jll. - 6_
FRU,[oN DEVELOPMENT [oRPoRAnoN
SIMMONS & WHITE, INC.
Engineers · Planners" Consultants
May 6, 1993
City of Boynton Beach
Planning & Zoning Department
luu L. ~oJD~on Leacb ~1.6.
P.O. Box 310
Boynton Beach, Florida 33425-0310
Attention:
Christopher Cutro
Re:
Boynton Lakes Plaza
Outparcels 1 and 2
Waiver of Platting
Dear Mr. Cutro:
This letter is written to supercede our letter of April 29, 1993
regarding a waiver of platting.
The Boynton Lakes Plaza project is located at the southeast
corner of Congress Avenue and Hypoluxo Road. The project was
platted as a boundary plat with internal drainage and utility
easements and was recorded in Plat Book 70 on Pages 47 and 48, on
March 3, 1993.
The owner is negotiating to sell Outparcels 1 and 2 as shown on
the enclosed site plan. Restaurants are proposed for the
outparcels and the sites will be developed according to City
Codes.
On behalf of the owner, we are requesting that a Waiver of
Platting be granted for Outparcels 1 and 2 in accordance with
Paragraph A of Article VI, Section 1 of the City Code as follows:
1. The land to be subdivided is to be subdivided into no
more than three (3) contiguous lots and,
2. The improvements and dedications existing on the land
are substantially in accordance with the requirements
of this ordinance and if the waiving of the
requirements for platting, as determined by the
Planning and Zoning Board and the City Engineer, would
not conflict with the purpose and intent of this
ordinance.
RECEIVED
JUN 4 1993
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
Mr. Christopher Cutro
May 6, 1993 - Page Two
We appreciate your consideration of our request. Should you have
any questions or require further information, please call.
Very truly yours,
SIMMONS & WHITE, INC.
c~lm!:~
CJS/jp
93-8B
Enclosure
cc: Mr. Rocky Goins
Mr. Jim Tepper
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-140
FROM:
Members of the Planning and Development Board
~oPh~tro, Planning and zoning Director
TO:
DATE:
June 3, 1993
RE:
Waiver of Plat Boynton Lakes Plaza
A.G. Development, the owners of Boynton Lakes Plaza, has requested
a waiver of plat to allow for the creation of two outparcels for
restaurants.
This development was reviewed and approved by the C1~y Commission
in December of 1990. The property was taken over by the present
owner from the R.T.C. at the end of 1992 and platted earlier this
year.
The site plan for the S1~e will not change and all the needed
improvements are being installed as part of the plat requirements
or the site plan requirements. Therefore, making the new owners
replat is unnecessary.
The city Engineer has reviewed this request and has no objections
to this request.
The Planning and zoning Department has no objections to the request
but would ask that a condition be added that cross access and
parking agreements be required to ensure that the access and
parking will be available as originally represented in the site
plan.
This item has been scheduled for review by the Planning and
Development Board at its meeting of June 8, 1993.
cc:ald
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APPENDIX A-ZONING
See, 6
3,
Building and site regulations. No building or portion thereof
shall be erected, constructed. converted, established, al.
tered, enlarged or used unless the premises and buildings AP';(US?\'
shall comply with the following regulations: PPoPt>;J!.o
_~~~:ii~rii ~~;~;~~tage..~~=~_~t~~~ f~(-- ___~H! B~ ~; ::0 ft1 r
M~~~~;~~oJverage 40~erce_nt ~~ i_~?f<, AtlArx.
Minimum front yard 20 feet ,,1 ! ~ 0
Minimum side yard None (see Notes 01<"; 50
(interior lots) A and_~)l .: ........ ..
Minimumsiae yard 15 feet street side I
(corner lots) (see Note B) &.t<-, 50
Minimum rearyara-'--- .-- ~20-feet (see Notes' :
______p_p._. ~~__~__. ___B and Qt____ "_ tJ /<-' '"1~
Maximum structure height 45 feet, not to exceed t.. No
4 stories 6!(. . I s ~ .Jot.,.. T, "? ......
&.<..~Ii'~ ".....
/3,,11.0I1</'
j)f.A...)) NI.
7
,
j
A: Where rear access is not available from a public street
or alley, a side yard of not less than fifteen (IS) feet
shall be provided on one side,
B: When abutting a residentia~ zone, side and/or rear
yards shall be thirty (30) feet minimum.
C: Where rear yard access is available from a public street
or alley, rear yard may be decreased by one-half the f~1JID6Q.;:' $ q
width of such street or alley, but in no case shall a rear _
yard be less than ten no) feet. {
Off-street parking. As set forth in section ll,H hereinafter. 17 .
D~ (yv l~':): (
Repair and service of merchandise: The repair and service ~
of merchandise for household customers shall be permitted if.... et1AlL I; ,",OD
as either an accessory or principal use, for any merchan- rrt
dise which is typically sold in the C-3 district, excluding
rebuilding or refinishing of any type.
6. Exterior display and storage of merchandise. Exterior dis-
play of retail merchandise shall be permitted, provided
that such merchandise is owned by the operator of the
business occupying the building, and is the same type of
merchandise that is typically sold within the building.
Exterior storage of merchandise shall be for a length of
Supp. No, 45
4.
5.
1922.5
86yA/h>~,J L(lj:ts p~ ~
J (vlp~,tuJ ~;.'
,lVOA~4
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i ~c I'J ot':.::;l JJ{~<:-TL)I
Mi.TrJOf- 4,""~H
J-:." ~, ./)R III ~l"'Jirl /
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: <l?~:) ()N '
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7}j/( IA) .t~.m,(j t7b.v 1) I]J/[t.".:> OIJ~7 ~ ~tt4~~' ,v~.: ;'/.;,)
71/6 J;n fJt~,v
I
APPENDIX A-ZONING
Sec,6
3. Building and site regulations. No building or portion thereof
shall be erected, constructed. converted. established, aI,
tered, enlarged or used unless the premises and buildings. Ap;~
shall comply with the following regulations: ,),.tI-of o.rt.:?
Minimum lot frontage 75 feet 01'- /85' -tf\,,-
Minimum lot area 15,000 feet ~}<. 3;l ~ t"
7 Maximum lot coverage 40 percent 7 0/< '--+--4-~/~ /3, so;o
(building) . tJ t:... AP8U(,~.~'Pf) 1/1:.: B~S"lt>
_.- 'Minimum front yard 20 feet ~~ 1D.t.
Minimum side yard None (see Notes ot::- c." -+ f SOt"
(interior lots) A and B)
t
Minimum side yard 15 feet street side #/4
(corner lots) (see Note B)
No Minimum rear yard 20 feet (see Notes
7" B and C) /Vb /0
7 Maximum structure height 45 feet, not to exceed ? No (30'- ~~^,.
4 stories .
A: Where rear access is not available from a public street
or alley, a side yard of not less than fifteen (15) feet
shall be provided on one side,
B: When abutting a residential zone, side and/or rear
yards shall be thirty (30) feet minimum.
C: Where rear yard access is available from a public street
or alley, rear yard may be decreased by one-half the JO
width of such street or alley, but in no case shall a rear PRoulot;..O "" ro
yard be less than ten (10) feet. I, ).
4. Off-street parking. As set forth in section I1.H hereinafter. ( ?cq>l.)\R.tb{~.3 ~~
"- .....-----. .
5. Repair and service of merchandise: The repair and service 1/~/J..dJf2t'.r/l'l. \) <;.~ I: ~
of merchandise for household customers shall be permitted /~" -.---.
as either an accessory or principal use, for any merchan-, ~~... (,.5001/1 anti
dise which is typically sold in the C-3 district. excluding '/,~~ 1:)-00
rebuilding or refinishing of any type. i~7' oR. /'/U'::>
6. Exterior display and storage of merchandise. Exterior dis- (~ z;o~ f(:J ~r.
play of retail merchandise shall be permitted, provided f?6r. I!;l.~ s::
that such merchandise is owned by the operator of the I SO SeAT .
business occupying the building, and is the same type of ("'....--......., -_._--'--~-)
merchandise that is typically sold within the building. ',: ~ -"'.'''::
Exterior storage of merchandise shall be for a length of ~
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