LEGAL APPROVAL
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~INUTES - REGULAR CITY
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A. Project Name:
Description:
COMMISSION
AUGUST 15, 1989
Boynton Beach Mall - Sears Addition
SITE PLAN MODIFICATION: Request
for an amended site plan to
allow for the addition of a
134,526 sq. ft. department store
and a change in parking lot layout
and design.
Earlier in the meeting, this item was deferred until
September 5, 1989.
B. Project Name:
Agent:
Owner:
Location:
Description:
Brighton Gardens ACLF
Curtis L. Shenkman, Esq.
Congress Center, Ltd.
West side of S. Congress Ave.,
north of Woolbright Rd.
NEW SITE PLANS: Request for site
plan approval to construct alSO
bed adult congregate living
facility on 3.81 acres.
I
Jim Golden, Senior Planner remarked this item was placed
under development plans as the developer requested clarifi-
cation of several staff comments. Staff has responded to
the developer. Mr. Golden stated this project comes to the
Commission with recommendations for approval from staff and
the Planning and Zoning Board.
Mr. Curtis Shenkman stated applicant agreed with staff com-
ments. Mr. Larry Reid, Director of Development, Assisted
Living Division, Marriott Corporation was also present at
the meeting. Mayor Moore welcomed the Marriott Corp. to
Boynton Beach.
Discussion took place relative to the placement of a water
main. Mr. Shenkman stated applicant had agreed to place it
above as requested by City staff.
Further conversation took place regarding project signage.
The Planning and Zoning Board agreed at their meeting not to
vote on that particular sign at this time because the
Building Dept. indicated there was a good chance the Sign
Ordinance will be relaxed between now and the time the sign
permit is needed. Vice Mayor Olenik hoped City staff would
not be making policy decisions for the Commission before the
Commission actually decides. He strongly urged staff
through the City Manager, to not indicate to a developer
that an Ordinance may change. The Commission has the final
say.
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST l5, 1989
Vice Mayor Olenik stated the project came up for review at
the Community Appearance Board. A member of the C.A.B. had
asked if the sign was part of the package. Nobody said no
and they voted on and approved the sign. The Vice Mayor
indicated this sign is non-conforming according to our
present Ordinance. The Building Dept. acknowledged it is
non-conforming now but indicated it would be addressed and
"fixed" by the time the City issues the sign permit.
Perhaps the Ordinance will change, but the Vice Mayor did
not want to see signs becoming a permit issue. He ela-
borated.
Mayor Moore asked if the applicant understood the sign had
been cut out of the process at this point? Mr. Shenkman
stated he understood that. The applicant will have to
return with the sign at a later date and the sign will have
to conform to the Ordinance at that time.
Mr. Shenkman stated the Police Dept. comment about the fence
along the canal had been resolved.
Motion
Commissioner Hester moved to approve the plans.
Commissioner Wische seconded the motion, which carried 5-0.
C. Project Name:
Agent:
The Grove Shopping Center
GOldenholz-Fischer,
Architects & Planners, P.A.
Grove Partners, Ltd.
S. Federal Hwy. at Old Dixie Hwy.,
west side.
NEW SITE PLANS: Request for site
plan and shared parking approval
to construct a l58,773 sq. ft.
shopping center (including a
supermarket, drug store, 6-plex
theatre and 3 leased out parcels
on l5.98 acres).
Owner:
Location:
Description:
Jim Golden, Senior Planner, explained this comes to the
Commission with recommendations for approval from staff and
the Planning and Zoning Board. It was placed under develop-
ment plans because of the shared parking. The represen-
tative for the developer stated they understood and agreed
with staff comments.
Discussion took place regarding the three out parcels on the
property. Mr. Annunziato remarked the applicant will have
to come back with amended site plans when they decide what
they want to put there.
22
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~ I 70 PRINTS 15
II. SITE DATA 90% CD
.--- The follOl...ing information must be filled out belo\'l and must CITY CC
- . appear, \...here applicablc, on all six (6 ) copies of the site plan.
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1- Land Use Category shn...m in
.. the Comprehensive Plan Innustrial/Commercial
2. Zonina District C-1 Offi ce ann Professional Commerc; al District
3. Area of Site 3.R09 acres 165,91R.7 sq. ft.
4. Land Use -- Acreaae Breakdo'Nn ,
a. Residential, including acres . of site
to
surrounding lot area or
grounds
b. Recreation Areas * acres ., of site
..
(excluding \...atcr area)
c. Vlater l\rea acres % of site
.
d. Commercial acres -- 't of site
c. Industrial acres % of site
f. Public/Institutional acres . of site
'0
g. Public, private and
Canal rights-of-way acres 't of site
h. Other (specify) 3.R09 acres 100 9. of site
AClF
i. Other ( spec ify) acres % of site
j. Total area of site 3.fl09 acres 100 . of site
'0
* Including open space suitable for outdoor recreation,
and having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover Pt: /2-. '7 ~ -f ~ {-Ol' '" S'~ / 2-1- J /.
a. Ground floor building 3/1,063 sq.ft. 2?.9 '1; of site
area ("building footprint") ...,
b. Hater area sq.ft. % of site
c. Ot.lOr impervious areas,
including paved area of
public [., private streets,
paved area of park.', l:~'
lots r.. drive\...ays ( e:.;- 2-1. -z.1
c 1 '.ld i ng landscaped a)"cas) ,. ~ //l 6.
and ~idewalk", pati.os, ~
....
decks, and athletic
co'..:rts. 33,R97 sq. ft. 20.1\ 'l; of site
'\ d. 'rot~l J.rnpcrv ious Z1 %0 ~q.ft. . ~ of site
arc_l 1\1 1
;::. ~c> 7 8 f fa,7/.
-::.. 'Z, (., 'f " I, '- 7.
e. Lilndscapcd area 3 37q sq. ft. , n 9. of site
in~ide or parking 10L5 .
( 20 sq. ft. per intc:: ior
!,Jarki.n'J space rcquircd- 1-7,7 (.
see 'sc.::. 7.5-35(<]) of 8'2- I f;6 . ?
Land~("]pe Code) . "'-
f- Other lan\., :c ped a" '1" 39,HlR.7 ~C'I . ft. ?I\ 0 % of site
. I
excludinc:; .1.... ~e!" ar~l.l
.g. Other pervious area:~ ,
including golf cour!iCS,
natural arca~, yards, and
swales, but excludin']
water areas sq. ft. % of site
h. Total pL:cvious areas 93. %n. 7 sq. it. 1)(, 7 % of site
i. 'rotal area of 5i'.:e lfi5.QHl 7 sq. ft. lon 'l-, of site
6. Floor Area
a. Residential sq. ft.
b. Commercial/Office "q. ft.
c. Industr~al/Warchrusc .sq. ft.
.
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, . BUILDING PIRKIT APPLICATImf
, if LEASE PRINT)
PCN , (!) ~-4J-1f5- Bo-o/ - la? - 00011
(Palm Beach County Property Control 0)
Owner'. Name Marriott Cot'poration
Own.r's Address One Marriott Drive
City Washington
State. DC
Fee Simple Titleholder'. Name
. L 0 I N G
DEPARTMENT
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Cl;-;J _;;;~7 .
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Permi t II
~lOR SUB PlRKITS O,HLY}
Owner's Phone 0 301/380-6269
Zip
20058
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(If other than owner)
Fee Simple Titleholder'. Addr...
If other than owner s)
Contractor's Name To be determined.
Contractor's Address
City
State
Job Name
Job Address
City
Lagal Description
Zip
Bondini Company
Bonding Co.Address City State
Architect/Ensineer's Name FU6ch-Serold & Partners, Inc.
Architect/Engineer's Addres. 5950 Berkshire Lane, Suite 1500, Dallas, TX 75225
Mortgage Lander', Name
Mortlale Lender's Address
SINGLE FAMILY: DUPLEX: MULTI-F~~ILY: x HOTEL: RETAIL: OlFICI: INDUSTRIAL:
(check one)--- --- --- --- --- --- ---
ESTIMATED VALUE OF CONSTRUCTION: $ 6,713,000.
DESCRIPTION OF WORK: Construct 69,653 S.F. one/two-stor Nursin. Home/Assisted Liv1n Faci11t
on 3.809 acre site on ongress Avenue of Type V, -hour construction with a roved NFPA-13
re protection sprin er system.
Application is hereby made to obtain a permit to do the work and installations as indicated, I
certify that no work or installation has commenced prior to the issuance of a permit and that
all work will be performed to meet the standards of all laws regulating construction in this
iurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK,
PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, ETC.
OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work
will be done in compliance with all applicable laws regulating construction and zoning.
WARNING TO (MmR: YOUR lAlLURB TO RECORD A NOTICE or COHHINCBKIH'l' MAY RESULT IN YOUR PAYING
TWICE FOR lKPIlOVIMEN'l'S TO YOUR PROPKRTY. Il YOU lH'rBNDABTAIN FINANCING. CONSULT WITH YOUR
L!NDKR OR AN ATl'ORNEY BD'ORB RIOORDIHG YOUR ~~ OJ C CIMDiT.
Property Ov.\ec's or Aaent's Signature By .)10c:Jj/~ Date ~~ '7/1;<..,
~ gfego ng I)S ~li' was acknowledged before me this ~.,~ e(a ,;{ 4.. 179iJ. (date) by
11, (t#jf!!~ (JI"S~ J-r. , who is ~enonau.y known to me r 0 &S pr u
(~YP8 of identification) as identification and who did did not) take an
oatn.
(SEAL) ; s:J
Signature of person takln acknowledgement ~c
Name of officertakina ac IQ~ledBement--ty~a . pr e
Title or rank AloA" tJ"I,'c Senal nwnb r,
COntractor's Sianature Date
STATE OF FLORIDA, COUNTY OF PALM BEACH
'The foregoing instrument was acknowledged before me this (date) by
. . who is ~.r.onally known to me or wno nas proauc,a
~ (type of identification) al identification and who did ~did not) take an
oatn.
(SEAL)
Signature of person taking acknowledl8nlent
Name of officer taking aCinowledgement--typea, prlnted or stampea
Title or rank S.tlal number, if any
(Certificate of Competency Holder)
Contractor's State Certification or Registration No.
Contractorl. Certificate of Competency No.
LIABILITY INSURANCE EXPIRATION DATE:
WORKERS' COMPENSATION EXPIRATION DATE:
APPLICATION APPROVED BY Permit Officer Date:
Any change in building plans or specifications mUlt be recorded with this office, Any work not
covered above must have a valid permit prior to starting. In consideration of the granting of
this permit, the owner and builder asree to eract this structure in full compliance with the
BuildIng and Zoning Codes of the City of Boynton Beach.
NOTE: This permit VOID after 180 DAYS UNLESS the work which it covers has been commenced. All
Contractors must have valid State Certification or County Competency plus County and City
Occupational Licenses prior to obtaining permit. _
ISSUANCE OF THIS PERMIT DOES NOT AUTHORIZE VIOLATION OF DEED RESTRICTIONS
THIS PERMIT OR PLANS FILING FEE I~ NOT REFUNDABLE
Name
.
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Return to: (enclose self-addressed stamped envelope)
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APR-15-1995 ii:43am 95-119246
(IRE. 8706 Ps 576
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Property Appraisers Parcel IdentifICation (Folio) Numbef(s):
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EASEMENT
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THIS INDENTURE made this 3rd day of March, A.D., 1994, by MARRIOTI
SENIOR LIVING SERVICES, INC., a Delaware Corporation existing under the laws of the
State of Delaware, and having its principal place of business a~oo Femwood Road,
Bethesda, Maryland 20817 first party, to the City of Boynton Beach, a political subdivision of
the State of Florida, second party: fu fxK ~(O I ~ft0-krn &irk 3 3tj:D
(Whenever used herein, the terms, "first party" and
"second party" shall include singular and plural,
heirs, legal representatives and assigns of
individuals and the successors and assigns of
corporations, wherever the context so admits or
requires. )
WITNESSETH:
WHEREAS, the first party is the owner of property situate in Palm Beach County,
Florida, and described as follows:
[SEE EXHIBIT "A" ATTACHED HERETO]
and,
WHEREAS, the second party desires an easement for water and sewer utilities
and/or other appropriate purposes incidental thereto, on, over and across said property,
~
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each to
the other running and One Dollar ($1.00) and other good and valuable considerations, the first
party does hereby grant unto the party of the second party, its successors and assigns, full and
free right and authority to construct, maintain, repair, install and rebuild facilities for the above
ORB 8706 P9 577
stated purposes and does hereby grant a perpetual easement on, over and across the above-
described property for said purposes.
IN WITNESS WHEREOF, the first party has caused these presents to be duly
executed in its name and its corporate seal to be hereto affixed, attested by its proper officers
thereunto duly authorized, the day and year first above-written.
Signed, sealed and delivered
in the presence of:
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,;STATEO~ MARYLAND
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'COUNTY OF MONTGOMERY
f:t _ _ /J I I hereby certify, that on this4'tb-day oftylWi( 11 , 19;6( before me ~ A
\JtTWl CtAAJy1 , the subscriber, a Notary Public in and for the State and County aforesaid,
personally appeared U./.IAlJh1( J pnl(/)4/l( flAJ , Vice President of Marriott Living Services,
Inc., and he acknowledged the foregoing instrument to be his act and in my presence executed
the same for the purposes therein contained.
MARRIO'IT SENIOR LIVING SERVICES,
INC.
By: ~(f~f~
Vice President
ATImr: r{ ~ ~
Assis t Secretary
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IN WITNESS WHEREOF, I hereun
Notary Public
~ Qt1v1(f.t~
Printed Name of Notary
My Commission Expires: '...-J --J-qC/
F:\OROUPS\AACSLS\KEM\BOYNTON\EASEMENT .MSL.
- 2 -
EXHIBIT "A"
ORB 8706 P9 578
A 12.00-foot-wide permanent .sanitary sewer easement over, under. and across the .
fol Ic~ing described property:
A parce1 of land in Section 30, To~nship 45 South, Range 43
East, Palm Beach County, Florida, more particularly described
as follows:
COMMENCING at the Southeast corner of Section 30; thence
North 00 degrees S1 minutes 37 seconds West, a distance of 40.00
feet; thence South 88 degrees 22 minutes 15 seconds West, a
distance of 60.00 feet. to the POINT OF BEGINNING; thence,
North 00 degrees S1 minutes 37 seconds West. a distance of
380.00 feet; thence South 88 degrees 22 minutes 29 seconds
West, a distance of 438.23 feet; thence South 1 degree 20
minutes 08 seconds East, a distance of 380.00 feet; thence
North 88 degrees 22 minutes 15 seconds East, a distance of
435.08 feet to the POINT OF BEGINNING.
Contain1ng 165,918.7 Square Feet/3.8090 Acres, more or less.
Subject to Easements, Restrictions. Reservations. Covenants.
and Rights-of-Way of Record.
The centerline of said easement is described as follows:
Commencing at the Northwest corner of the hereinbefore
described property; thence North 88 degrees 22 minutes 29
seconds East. assumed bearing, along the northerly line of
said property for 30.00 feet to the actual point of beginning
of the centerline to be described; thence South 01 degree 20
minutes 08 seconds East, parallel with the westerly line of
said property. for 64.11 feet; thence North 88 degrees 22
minutes 29 seconds East, parallel with the northerly line of
said property, for 166.00 feet. said centerline there
terminating.
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,~ 8706Pg 579
A 12.00-foot-w1de penmanent. water main easement over, under, and across the
following described property:
A parcel of land in Section 30, T;wnship 45 South. Range 43
East, Palm Beach County, Florida, more particularly described
as follows:
COMMENCING at the Southeast corner of Section 30; thence
North 00 degrees 51 minutes 37 seconds West. a distance of 40.00
feet; thence South 88 degrees 22 minutes 15 seconds West, a
distance of 60.00 feet, to the POINT OF BEGINNING; thence
North 00 degrees 51 minutes 37 seconds West. a distance of
380.00 feet; thence South 88 degrees 22 minutes 29 seconds
West, a distance of 438.23 feet; thence South 1 degree 20
minutes 08 seconds East, a distance of 380.00 feet; thence
North' 88 degrees 22 minutes 15 seconds East, a distance of
435.08 feet to the POINT OF BEGINNING.
Containing 165,918.7 Square Feet/3.8090 Acres, more or less.
Subject to Easements, Restrictions, Reservations, Covenants,
and Rights-of-Way of Record.
The cer.terline of said easement is described as follows:
Commenc1ng at the Southeast corner of the hereinbefore
described property; thence North 00 degrees 51 minutes 37
seconds West, assumed bearing. along the easterly line of
said property for 39.76 feet to the actual point of beginn1ng
of the centerline to be described; thence South 89 degrees 36
m1nutes 56 seconds West for 63.83 feet; thence South 45
de9~ees 00 minutes 00 seconds West for 41.68 feet; thence
South 88 degrees 22 minutes 15 seconds West. parallel with
the southerly line of said property, for 45.00 feet to POINT
A; thence continuing South 88 degrees 22 minutes 15 seconds
West for 246.43 feet; thence North 45 degrees 00 minutes 00
seconds West for 59.93 feet; thence North 01 degree 20 minu-
tes 08 seconds West. parallel with the westerly line of said
property, for 40.00 feet to POINT B; thence continuing North
01 degree 20 minutes 08 seconds West for 201.78 feet; thence
South 88 degrees 22 minutes 29 seconds West for 10.00 feet~
more or less, to the westerly line of said property; thence
Nortn 88 degrees 22 minutes 29 seconds East, parallel with
tne northerlY 1 ine of said property, for 314.00 feet, said
center] 1ne there terminating.
ORB 8706 P9 580
DOROTHY H. WIll\'EN, CLERK PB COUNn, Fl
Together wi th a lZ.00-foot-wide permanent water main easemen.t, the centerl ine, o.f, ,~.
which is described as follows:
Commencing at the northwest corner of the hereinbefore
described property; thence North 88 degrees 22 minutes 29
seconds East along' the northerly line of said property to the
actual point of beginning; thence South 00 degrees 34 minutes
12 seconds East for 83.62 feet, sai~ centerline there
terminating. '
And together with a I2.00-foot-wide permanent water main easement, the cen-
terline of which is described as follows:
Beginning at the hereinbefore described POINT A; thence Nortt
1 degree 37 minutes 31 seconds West for 16.00 feet, said cen-
terline there terminating.
And together with a ll.00-foot-wide permanent water main easement. the center-
11ne of wh1ch 1s descr1bed as follows:
Beginning at the hereinbefore described POINT B; thence South
88 degrees 39 minutes 52 seconds West for 10.00 feet, more
or less. to the westerly line of the hereinbefore described
property. said center11ne there term1nating.
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F~?,-2a-1990 iJ3:02Pffi 90-058687
ORB 6369?g 1273"
RECCiW AND i~fTlJriN TO:
eIJ;,"; ;"~d CCHeN, p,/\.
. . ^',Tc'!;i'!CY<-, A1' lAW
[../ ';1. ;'AU,:t,n:) I':.RI< ED. SUITE .n:-
sec.t, ;~Aro:,J. FLOi?IO;\ 33 ;~6
,lQINT ACCESS
t'- ",
EASEMENT AGREEMENT
the
THIS JOINT ACCESS Kr.SEMENT AGREE~mNT, 1s made as of
., 01h
,) day of January, 1990, between SOUKUP DESIGN HOMES,
INC., Florida corporation ("Congress") and MARRIOTT
CORPORATION, a Delaware Corporation ("Marriott").
~ A T N ~ Q S ~ T U
WHEREAS, Congress is the owner of a tract of land (the
"Congress Center Property") located in Palin Beach, Florida, as
more particularly described on the E~hibit "A" attached hereto
and incorporated by this reference herein;
WHEREAS, Marriott is, or I-lill be pursuant to the terms of a
real estate purchase contract, dated Match 13, 1989, between
"
Marriott ana congress center, [,td. J'HU-l:l, tne owne, ot a tract
of land (the "Marriott Property") located in Palm Beach County,
Florida, as more particularly described on the Exhibit "B"
attached hereto and incorporated by this reference herein;
WHEREJ!>.s, Congress and Harriott mutually desire that they
jointly be provided with a perpetual non-exclusive easement for
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ingress and ogress to an~ from their respective properties over
po~tions of the Congress Center Property and the Marriott
Proparty (the "Access ~asement Area"), ~s more particularly
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ORe, 6369 ;Jg 1274
described on the Exhibit "CD attached hereto and incorporated
by this reference herein; and
W1IPRF~S, Congress and Marriott are willing to grant to each
other perpetual, non-e~clusive easements through the Access
Easement Area;
NO~, THEREFORE, for and in consideration of the mutual
promises and covenants cuntained herein and for other valuable
and good consideration, the sufficiency and receipt of which
are hereby expressly aCknowledged and confi~med, Congress and
Marriott covenant and agree for themselves, their successors,
and their assigns as fOllows:
1. Congress and Marriott hereby mutually grant. convey,
and coniirm to e~ch other and to the successors in interest of
Marriott in respect of the Marriott Property and to the
successors in interest of Congress in respect of the Congress
Center Property, for the mutual use, benefit, and enjoyment of
Congress and Marriott, the successors in interest' ) the
Marriott Property and the Congress Center Property, and their
tenants, employees, invitees, agents, independent contractors,
customers, and guests, perpetual, non-exclusive rights,
privileges, a~u easements to go in, to, over, across, and
through the Access Easement Area for the purpose of ingress and
egress to and from the ~.Jrriott property and the Congress
Center Property by pedestrian or vehicular tr~ffic. The grant
of, said easements also i;]cludes the ri'J!:.t and privilege to use,
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ORB 6369 r'3 1275
temporarily from time to time, additional space adjacent to the
Access Easement Area, where available, for equipment and
materials necessary for repairs and maintenance of the Access
Easement Area, and to do ell ac:s and things requisite and
necessary for the full enjoyment of the easements hereby
<jranted.
2. Congress shall be t8sponsible for maintaining,
cleaning, and repairing Lhe Access Easement Area to the extent
necessary and Congress and Marriott shall equally share the
costs for such maintenance, cleaning, and repairs.
In the
event that Congress fails ~o properly maintain, clean, and
repair the Access Easement Area, Marriott shall be entitled to
do so on b~half of Congress, after pro"iding reasonable notice
to Congress, and Congress shall forthwith reimburse Marriott
for one-half (1/2) of the costs ~nd expenses incurred by
Marriott in so acting.
3. Congress and Marriott mutually covenant and - :rec that
neither party will not be disturbed in the exercise of its
rights under this Joint Access Easement Agreement by the holder
of any encumbrance or mortgage which might otherwise be
superior hereto, and each party shall obtain from the holder of
any encumbrance or mortg~ge affecting the Access Easement Area
a non-disturbance agreeme~~ in substantially the form of the
Exhibit "D" attached hereto that recognizes the rights of
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6369 r9 1276
Marriott under this Joint Access Easement Agreement as superior
to their encumbrance or mortgage rights.
4. Congress and Marriott further respectively ~ovenant
that each person who is executing this Joint Access Easement
Agreement on behalf of either Congress or Marriott is a duly
alected and serving officer and has been fully empowered to
execute and deliver this JOint Access Easement Agreement; that
both Congress and Marriott have full corporate capacity to
I
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convey the rights and privileges granted herein; that all
necessary corporate action for the making of these conveyances
and the execution of this Joint Access Easement Agreement has
been taken; that the Congress Center Property and the Harriott
Property are free from any and all lie.ls or enr;umbrances except
current taxes and those appearing of public record; and that,
subj~ct to the foregoing, Congress and Marriott mutually
guarantee to the other the quiet possession of the Access
Easeme'nt Area and will \~arrant and defend each other' , title to
the eas~ments granted herein against all lawful claims.
5. ,This Joint Access Easement Agreement and all of the
'cov~nant~, agreements, rights, and Obligations created herFin
s~~ll run with the land ~nd shall be binding upon and inure to
the benefit of,Congress and Marriott and their respective
succe~sors in interest to L~e Congress Center Property and the
M;frri?!:;'t:. ,Froperty and their r,=spective legal representatives,
s~ccessors, and assigns.
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ORB 6369?9 1277
6. This document contains the entire agreement of the
parties hereto with respect to the subject matter he_eof. Any
modification of the terms of this Joint Access Easement
Agreement must be in a writing signed by the party against whom
enforcement of the modificatioll is sought.
IN WITNESS WHEREO~, Congress anu Marriott have caused thi~
Joint Access Easement Agreement to be executed as of the date
first above writtell.
IN THE PRESENCE OF:
Signed, acknuwledged, and
delivered in the presence
of the follo~ing two
witnesses as to each
signa ure:/-- j/
t u //ii , L i.4~_,..U',((){, (
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N me: ,Jerome .J. Kra isingel'
~ CORPORATION
~y:_--t~- ~~1'0 \ ~, Iyt/'-,~~___~__
Vice President
Name: Robert n. ~forrif-; _____
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Name:.Jliri:lm ^ fux
Name: Nina R Eldred
Signed, acknowledged, and SOUKUP D~SIGN HOMES INC
delivered in thr~ presence :. ~/./ ./' / ./ ~/
of the following two BY:_~",r ~P"'iY-' /
witnesses as to each presj..d€nt 7
signature:. '
&~''';_L~ N"oe'....J:h"des J. SO"'Up
N'me' ,~~f}___b.'0:j{<..- Atte't ,_~/~r:
. [SEAL] Se8r t-ry
Charle~ J. Soukup
Name:
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ORB 6369?g 1278
STATE OF MARYLAND )
)ss
COUNTY OF MONTGOMERY)
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On this the .~Q day of January, 1990, before me, the
undersigned officer, personally appeared ((Qb<2r-\ (~, \"1o<,~:>
and IJ ~ "." e. 'c \.\ ,{ ~ , who acknowledged
themselves to be the Vice President and the Assistant Secretary
of Marriott Corporation, a Delaware corporation, and that as
such Vice President and Assistant Secretary, being authorized
so tlJ do, executed the foregoing instrument for the purposes
therein contained, by signing the name of the corporation.
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I~~~~ri+~~ whereof I
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Myeo'riimiS'~:~,9tl Expi res:
hereunto s.et, my hand and o~ticial
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Mtaty Publig
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Printed Name of Notary
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seal.
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STATE OF Fn~~I[A )
)ss
COUN~Y OF~)
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On this the ~~ day of January, 1990, be ~re ~e, ~e
under~igned officer, perspnal1y appearnd ( . ~~_
\--o",/1.<<.f.) and ('___/7(11 r't,j ') \6\(. , who acknowledged
tnemselves to be the President and the Secre ary r~ Soukup
Design Homes, Inc., a Florida cor~ori3tion, and thilt as sLlch
Preside'1t and Secretary, being authori.zed so to do, executed
the foregoing instrument for the purposes therein contained, by
signing the name of the corporation.
In witness whereof I hereunto se~/1)1Y hand and offiy-jal seal,:
[Sea 1) !-5t~ AJl . A:w (,1i~~'.", ,
Notary P~liC ..:....4.~J~.th.',;,(..J-./:.....;..'
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h.{(~'~1 I).' I lL( ~r-!.!i:1 <:<f' j'tJ.?~, ..:,'J' :'~
N' p~Jpted Nam~ of: NotarYi:-::~':~,:;'.:'i":<">':;':~1,
c,a'Y, ,.,:(' Sl<!~ 0/ FfO/ala " :', ':':~. -{..';, " . \:\ ,', '.'~ _~. y:':' I...,...:".~
My Cornmissi0rl Expi res: My (om,"",,:n E:?:"sAuo 17 1991 ",-.-, tt",c, ;'c: ''':
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J';XHIBIT -A-
kEGAILP~l:PTIQ~
~Q~ CENTER PROPER17
A portion of l~nd in Section 30, Township ~5 South, Range 43 East,
Palm Beach County, Florida, being more particularly described as
follows:
Cnmmenctng at the Southeast corner of said Section 30; thence
North 000 51'37" West, a distance of 40.00 feet; thence South 880
22'15" West, a distance of 60.00 faet; thence North 000 51'37"
~est, a distance of 380.00 feet to the Point of Beginning; thence
South 88" 22'29" West, a distance of 438.23 feet to a point of
intersection with the East line of the Plat of "Lakes of Tara,
P.U.D. Unit I", as recorded in Plat Book 46, Pages 102 and 103 of
the Public Records of Palm Beach County, Florida; thence North 010
20'OS" West along said East line a distance of 394.00 fp.et to a
point of intersection with the South Right-of-Way line of "S.W.
Congress Blvd,", as sho;H. on said Plat; thence Easterly a' ',g a
curve to the left whose radius point bears North 010 37'4L West,
having a radius of 1,949.86 feet, a central angle of 06" 43'41"
(Plat = 060 43'40"), an arc distance of 228.96 feet to a point of
reverse c~rvature; thence continuing Easterly along the arc of a
curve to the righL having a radius of 1,869.86 feet, a central
angle of 040 52'00", an arc distance of 158.82 feet to a point;
thence South 03" 29'29" East ( :at = South 03" 37'36" East), a
distance of 5.00 feet to a point on curve, thence Easterly along
the arc of a curve to the right whose radius point bears South 03"
29'29" East, having a radius of 1,864.86 feet, a central angle of
00" 46'03" (Plat = DO" 46'05"), an arc distance of 24,98 feet
(Plat = 25.00 feet) to a point; thence SOllth 460 48'?1" East, a
distance of 35.00 feet; thence Soutl1 DO" 51'37" East, a distance
of 25.00 feet; thence South 880 12'32" East, a distance of 4.73
feet (the previous seven courses and distances are along said
South Right-af-Way line of said "S.W. Congress Blvd."); thence
South 00. 51'37" West, a distance of 365.08 feet to the Point of
Beginning.
Said lands situfi~e in Palm Beach County, Florida,
Containing 178,177.7 Square feet / 4.0904 Acres, more or less.
Subject to Easements. Restrictions, Reservations, Coventints and
Rights-of-Way of Record.
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ORB 6369 pg 1280
EXHIBIT "B"
LEGAL DESCRIPTION
Qr
MARRIOTT PROPERTY
A parcel of land in Section 30, Township 45 South, Rangp. 43 ~ast,
Palo Beach County, Florid~, more particularly described as f0llows:
Commencing at the Southeast corner of said Section 30; thence
North 0 degrees 51 rninutAs 37 seconds West, a distance of
40.00 feet; thence South 88 degrees 22 minutes 15 seconds
West, a distance of 60.00 feet to the Point of Beginning;
thence continue South 88 degrees 22 minutes 15 seconds West, a
distance of 435.08 feet; thence North 1 degre. 20 minutes 08
seconds West, ~ distance of 380.00 feet; thence North 88
degrees 22 minutes 29 s~conds East, a distance of 43q.23 feet;
thence South 0 degrees 15 minutes 37 se~onds East, a distance
of 380.00 feet to the Point of Beginning.
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Boynton Beach
Brighton Gardlns
Revised February 23, 1990
'JH: 6369 2,:; 1281
LEGAL DESCRIPTION
OF
ACCESS EASEMEHT AREA
A portion of the rarcel of land in Section 30, Township 45 South. Range 43
East, Palm Beacn'County, Florida, mora p~rticuTarly described as fo1l0ws:
A portion of land in Section 30, Township 4S south, Ranga 43 East, Palm
Beach County, Florida, more partfcularly described as fOllows:
Ccmnenc~ng at the Sout~east corner of 3aid Section 10;-t~enca N
C :::' '37" West, a distallC! of 40.00 feet; t,~enee 50utl1 8a022'15~ West a
distance of eo.co feet; thence Nort~ 00051'37" West, a distance Of '
380.00 feet to the Point Of Beginning; tfienca South ea02Z'zgK West, a
distance of 438.23 fe.et to a point 01 intersection with the East line
of the P1at of QLaxes of Tara, pun Unit 1', !3 recorded 1n Plat Soak
45, Pages 102 and 103 of the ?~bli~ Kecords of Pal~ Beacn Co~nt~,
F'lor~r:'a; tl"ience North 01"20'08" West along said East line a dlstance of
394.00 feet to a point of intersection with the South Right-of-~ay lIne
of uSW Congress aculevar~q, as shown on said ?lat; thence Eas:arly
a I cng a curve to the 1 aft whJse radi uS point oears Nort'l 1037' 48" West,
ha'ling a rJ.~~us of 1,94.9.86 fest, a ce:1tral ar.gle of 06043141" (Plat '"
06'43'40'), a~ ~r: d1s~lnc! cf 228.95 r!et t3 a point of r!verse cur-
v~tur~; t~e~c~ c~~t~nu~~c c~S~2::V a!cr.G t~e ~rc of a c~r/e to t~e
right having a radius cf-laS9.SS ~egtt i ~~n~~!~ angle of O~~sZloall, an
arc d1s~ar.c~ of 1:2.S2 f~!: to a ~oiot; t~cnc~ S~~t~ a302gs29~ :a3~
(Plat = South 03037'36' East), a distanc2 of 5.00 fe9t to a ~oint on
c~r~e; t~er,ce Eastarly aiong the arc of a c~rYe to the right whose
radius :=oint bears Scut:! 03.,9'29" East, n~'(in~ : ra~itls of lS€4.86
fe~t, a c2!1tr:!1 angle of 0,)"45'0,3" (?lat " 00046'55"), an arc dis:ance
of 24.9& feet (?ia.: :: 25.00 feet) to a point; t~enc~ Sout~ 4S"45'ZP'
E~st. a dis~ar.c~ Of 35.00 feet; thenca Sout~ 00.51'37" fast, a distanc2
of 25.00 f~gt; ther.c~ Scuth So012'32" East, a distance of 4.73 feet
(the prlvicus seven courses and di$tanc~s ar~ along said Sout~ ,
Rfght-of-rlay iine of said QSw Congress BouleyardQ); t~enC3 South
OGoSl':J7" \1est, a distance of 365.08 feet to tile Polni: of Beginning.
Said lands situate in Palm eeach County, Florida Contafn1ng 178,177.7
Square f~et/4.Q904 Acres, more or less Su~ject to ;as~ents,
Restr~ctions, Reservations, Covenants and Rights.of-Way of Record.
which is described as befng all that part of the hereinabove descr1bed pro-
perty lying easterly of the West 26.00 feet thereof and lying southerly of
the following described line:
C~~encing at the northwest corner Of the hereinabove described pr~per-
ty; thence Scuth 1 degree 20 m1nutes 08 secondS East, assumed bearing,
along the westerly line of said property for 363.60 feet to the point
of oeginni~g of sal~ line; thence North S9 degrees 09 minutes 52
seconds East to the ~.:;sterly l.ine Of said property and said l1ne there
termi na t i r.g.
n'fCORD '1(R1FIEO .
.FAUII REtCH COU/4TY, FlA ,;
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'~NI ~ea S~::t ~~, 92 93J
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CITY of
BOYNTON BEACH
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100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, Florida 33435-0310
(407) 734-8111
OFFICE OF THE PLANNING DIRECTOR
August 16, 1989
DeSantis, Cook, et. al., P.A.
Attn: Curtis L. Shenkman, Esq.
11891 U. S. Highway One
North Palm Beach, Florida 33408-2893
RE: Brighton Gardens A.C.L.F. - Site Plan - File No. 811
Dear Mr. Shenkman:
Please be advised that on Tuesday, August 15, 1989, the City
Commission approved .the referenced site plan sUbject to staff
comments, as amended, copies of which are attached. Also
included in the approval is the location of the proposed
free-standing sign.
These plans were approved subject to your compliance with the
attached stipulations. After you have amended your plans to
reflect these stipulations, please submit two copies of final
plan drawings with the changes incorporated to the Building
Department for permitting purposes.
The approval of the City entitles you to construct only the
improvements shown on the site plan. The site plan will be
viewed procedurally as an as-built or record drawing. If you
have any questions concerning this matter, please do not hesitate
to contact me.
Very truly yours,
CITY OF BOYNTON BEACH '
C!-~ ~
CARMEN S. ANNUNZIATO, AICP
Planning birector
. ,
CSA:frb
Encs
cc: City Manager
Technical Review Board
Central File
~
7BI
BRIGHTON GARDENS A.C.L.F.
NEW SITE PLAN
Curtis L. Shenkman, Esquire, agent for the Marriott
corporation, contract purchaser, is requesting approval to
construct a 123 unit (150 beds) adult congregate living
facility on the west side of Congress Avenue, south of
Congress Center. The proposed facility will have a joint
access from Congress Avenue with the existing Congress
Center, immediately to the north. The Technical Review
Board unanimously recommends approval of this request
subject to the attached staff comments.