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LEGAL APPROVAL I I . . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA APRIL 20, 1993 Alternate #1 and $138,300.00 for Alternate #2. Their recommendation was based on this company submitting the most responsive, responsible proposal with the lowest bid price. Commissioner Katz asked if Thomas B. Cushing Demolition has had any other proj- ects like this with any other cities. Mike Kazunas, Utilities Engineer, answered in the affinmative. He said they did a utilities project, as well as a project relating to a parks building, for the City of West Palm Beach, and that the City of West Palm Beach highly recommended them. Commissioner Katz asked if there were any cost overruns or any unforeseen billings. Mr. Kazunas answered in the negative. Commissioner Katz inquired about the environmental standards. Mr. Kazunas advised Commissioner Katz of a couple of the standards that have to be met by Thomas B. Cushing Demolition and assured him that if any others arise during the project, they will be taken care of. Vice Mayor Aguila was in favor of demolishing all the buildings as proposed in Alternate #2. Mayor Harmening pointed out that the Parks Department expressed an interest in utilizing the two story building for storage, and the Police Department was interested in using it for training purposes. He said the City has an ongoing need for storage. He felt it would be less expensive to repair a building than it would be to build a new one of equal cubic volume for storage. Commissioner Walshak saw no need to save this building. He felt it would be expensive to bring it up to code. In addition, if the tanks are torn down, the east wall of the building would be eliminated. He was in favor of Alternate #2. Motion Cornnissioner Matson moved to award the demolition bid to Thomas B. Cushing Demolition, in the amount of $138,300.00 for Alternate #2. Commissioner Katz seconded the motion, which caried 5-0. VI. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Pollo Tropical Glenn Rozansky, Pollo Tropical V.S.B., Ltd. Northeast corner of Quantum Boulevard and North Congress Avenue Conditional Use: Request conditional use approval to construct a 3,637 square foot, 100 seat drive-thru restaurant on a leased out-parcel site at the Shoppes of Boynton, north of Quantum Boulevard and west of the movie theatre. Description: I Chris Cutro, Planning and Zoning Director, utilized drawings and an overhead projector during his presentation. He stated that Pollo Tropical has applied - 13 - I . . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA APRIL 20. 1993 I for a conditional use for a 100 seat restaurant with a drive-thru, located at the northeast corner of Quantum Boulevard and Congress Avenue. On the original site plan, this outparcel was proposed as a bank. The need for the conditional use is based on the drive-thru. At its April 13, 1993 meeting, the Planning and Development Board recommended approval. Mr. Cutro advised that this site is 1n the Coastal Village District; however, the proposed building is closer to a Spanish/Mediterranean and fits in better with the existing buildings. Therefore. the Planning and Development Board also recommended waiving the Community Design Plan. Mr. Cutro presented the Commission with a letter in which the applicant agreed to all the comments and, in some cases, has detailed how those comments will be dealt with. I From a design standpoint, Commissioner Katz was opposed to the picture of the chicken on the building. Vice Mayor Aguila asked if the City feels a flashing light and striping on the pavement would be sufficient with regard to pedestrian safety and convenience of access. He was concerned that the lighting would be insufficient. Mr. Cutro advised him that the developer was willing to upgrade the lighting. Vice Mayor Aguila and Commissioner Matson wanted to know what type of equipment will be put in the playground. Commissioner Matson also wanted to know the *exact location and the legistics of the playground and how the children are going to be prevented from running out onto Congress Avenue. In response to Vice Mayor Aguila, Mr. Cutro stated that the property owners within 400 feet of this site have been notified. Vice Mayor Aguila's main concern was the drive-thru. He saw a lot of potential for traffic hazards as one enters and exits the drive-thru. He asked why the drive on the north side of the building does not line up with the south side of the entry drive since both are 27 feet. He hoped staff considered the noise that the speaker box may carry to the residents on the north side of the prop- erty. He did not like the down spouts exposed on the building and asked if the applicant would be willing to put them inside the wall. He would like to know what the gates on the dumpster enclosure look like. He and Commissioner Matson were also opposed to the picture of the chicken on the building. With re~pect to the drive on the north side of the building not lining up with the south side of the entry drive, Mr. Cutro advised that there are two dif- ferent dimensions because there are two different requirements for the accessway and the driveway and that it ;s nannal to try to correct this at the Building penmit stage. He was not sure about the alignments regarding the parking on the west side. Glenn Rozansky, of Pallo Tropical. introduced Isaac Sklar, the architect for this project. Mr. Rozansky stated that the playground will be contained with a *logistics - 14 - I I I MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA APRIL 20t 1993 half wall with an iron gate above it to prevent the children from running out onto Congress Avenue. He was flexible about the type of playground equipment and proposed low rise play animals beneath the height of the fence. He stated that they would not be obtrusive to driversby and will not be garish. They will be in keeping with the image POllo Tropical would like to portray for itself. Vice Mayor Aguila asked Mr. Rozansky to work this out with staff. Mr. Rozansky stated that the layout proposed for the drive-thru works best with regard to overall circulation. Mr. Sklar explained the difference in the width between the entrance and the driveway. He felt the width of the driveway is appropriate and if the entrance was a little larger, it would still not conflict with circulation. He enlarged stacking to the maximum in order to avoid any overflow. He said he made a big effort to make circulation functional; the parking requirements have been satisfied fully; and the dumpster enclosure will be fenced in like the existing one next to it. There will be a gate in front of it with vinyl to hide the dumpster. He advised that the picture of the chicken will be painted in pastel colors on carved wood. Mr. Rozansky suggested toning down the colors. Vice Mayor Aguila and Commissioner Matson were agreeable to this. Mr. Rozansky expressed concern that there 1s no ability to place a monument Sign in front of the restaurant. Vice Mayor Aguila asked if the down spouts on east side can be placed inside the building. Mr. Sklar agreed to this. SINCE NO ONE IN THE AUDIENCE WISHED TO SPEAK WITH REGARD TO THIS CONDITIONAL USE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Motton Vice Mayor Aguila moved to approve the conditional use for a drive-thru restaurant for Pello Tropical at the northeast corner of Quantum Boulevard and North Congress Avenue, subject to staff conments. Conmissioner Matson seconded the motion, which carried 5-0. Motion Vice Mayor Aguila moved to approve the site plan for Pallo Tropical at the northeast corner of Quantum Boulevard and North Congress Avenue, with the con- ditions stipulated at this meeting, and SUbject to staff canments. Corrmissioner Matson seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. Notion Vice Mayor Aguila moved to approve the waiver of the Community Design Plan for Pollo Tropical at the northeast corner of Quantum Boulevard and North Congress Avenue. Commissioner Matson seconded the motion for discussion purposes. - 15 - I I MINUTES - REGULAR CITY COMMISSION MEEtING BOYNTON BEACH, FLORIDA APRIL 20, 1993 Commissioner Matson clarified that the paint should be as close as possible to the same tone of paint as the existing buildings so that the outparcel will be as aesthetically pleasing as possible. Mayor Hanmening would like to see an exact match. The motion carried 5-0. VII. PUBLIC AUDIENCE David Scott Floer1ng, 2616 N. E. 3rd Street, submitted a petition signed by 150 people to adopt Gateway Boulevard, between 1-95 and US I, through the Adopt-A-Street Program. (This petition is on file in the City Clerk's Office.) Mr. Floering stated that most of the residents along this street expressed serious concern to him about the traffic since Gateway Boulevard has opened. He suggested doing a traffic study to see if the road needs to be widened. In the interim, he suggested putting in some sidewalks to keep the children and senior citizens off the street. Wilda Searcy, 402 N. E. 13th Avenue, asked if she could display some pictures in the lobby of City Hall for a week. Mayor Hanmening granted her penmission to do so. Mrs. Searcy spoke of opening Hester Community Center seven days a week, building a high school on Old Boynton Road and Congress Avenue, HRS, and changing the bus route. Linda Rutherford, owner of a business at 528 East Ocean Avenue, spoke of redeveloping the downtown area. Vice Mayor AgUila agreed it is time to put some of the redevelopment plans into action and stated that he will be asking the Commission, under Item XI.A.!, to approve a meeting with anybody who is interested in devising a plan and reviewing some of the old plans pertaining to redevelopment of the downtown area. He stated that over the last couple of years, the City has made many revisions to the downtown ordinances that the pro- perty owners may not be aware of. Mr. Cutro stated that he is in the process of preparing a letter regarding fixing up the buildings in the downtown area. Henrietta Solomon, 230 N. E. 26th Avenue, spoke of improving the overhead road signs in the City, particularly on main roads. She advised that County Commissioner Mary McCarty 1s researching this on the County.s behalf. Ms. Solomon stated that much confusion exists because of the renaming of 22nd Avenue and asked that 22nd Avenue be added to all the Gateway Boulevard signs. Mayor Hanmening advised that the previous name was supposed to have appeared on all the signs. He asked City Manager Miller to take care of this and to contact DOT to make sure it appears on their signs as well. Lloyd Powell, 1112 North Federal Highway, commended the City Manager, the Eng1neering Department, and Public Works for the terrific job they have done this past budget year in resurfacing the much needed roadways in the City limits. He hoped dollars would again be earmarked for road improvement and resurfacing in the upcoming budget. III NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING OECLARED PUBLIC AUDIENCE CLOSED. - 16 - . . ( I I .. MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA VIII. DEVELOPMENT PLANS APRIL 20. 1993 A. Consent Agenda - Unanimously Approved by the Planning and Development Board 1. Project Name: Agent: Owner: location: Description: Motion Shoppes of Woolbright. Planned Conmerc1al Development Chuck Yannette, Kilday and Associates Tradewinds Development Shoppes of Woolbright, Northwest corner of Woolbright Road and 1-95 Master Plan Modification to allow the expansion of the Home Depot Garden Center from 19,375 square feet to 28,120 square feet (8,745 square foot expansion) ~ Commissioner Matson moved to approve the Master Plan Modification to allow the expansion of the Home Depot Garden Center from 19,375 square feet to 28,120 square feet, subject to staff comments. Vice Mayor Aguila seconded the motion, which carried 5-0. 2. Project Name: Agent: Owner: Location: Description: Shoppes of Woolbright, Planned Commercial Development Chuck Yannette, Kilday and Associates Tradewinds Development Northwest corner of Woolbright Road and Southwest 8th Street Master Plan Modification to allow the subdivision of Tract "B" of the Shoppes of Woolbright site to allow a convenience store with gasoline sales, two additional driveways and a canopy encroachment into the side setback. Commissioner Katz referred to paragraph 4 of Gee & Jenson1s memo regarding the stonnwater drainage system and the lake west of S. W. 8th Street. W. Richard Staudinger, City Engineer, advised that this will be taken care of in the Building Penmit stage. In addition, he talked to Mr. Morton this evening about the continuing problems 1n that area and was advised by him that they would be taken care of immediately. Mr. Staudinger said he will not sign the plans until the outfall lake and stann services are completed according to the original plans. Commissioner Katz asked if a variance is needed relative to the number of dri- veways. Mr. Cutro answered in the negative and advised that the two driveways are allowed under the 1986 Code. I Motion Commissioner Matson moved to approve the Master Plan Modification to allow the subdivision of Tract "B" of the Shoppes of Woolbright site to allow a con- - 17 - I I MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 20. 1993 venience store with gasoline sales, two additional driveways, and a canopy encroachment into the side setback, subject to staff comments. Vice Mayor Aguila seconded the motion, which carried 5-0. Mended Motion Commissioner Matson amended her motion to add that this approval is for this applicant only and any new applications filed for any other encroachments would have to be brought before the Planning and Development Board and the City Commission for review. Vice Mayor Aguila agreed to the amended motion, which carried 5-0. 3. Project Name: Agent: Owner: Location: Racetrac Joe Kolb, CCl Consultants, Inc. Tradewinds Development Northwest corner of Woolbright ROld and Southwest 8th Street Site plan for a convenience store with gasoline sales Description: Commissioner Katz referred to the minutes of the Planning and Development Board meeting wherein Chainman Lehnertz made reference to the site being within 1,000 feet of a site which has been platted for a church. Mr. Cherof explained that the 1986 Code contains the 1,000 foot restriction, but the 1992 Code does not have a distance requirement and that the applicant is penmitted, under Court Order and a stipulation entered lnto by the City, to build under the 1986 Code. However, the applicant has been put on notice that the City's interpretation of this is that if he first builds a gas station, he may never get to build a church on that site. Vice Mayor Aguila wanted the dumpster location resolved before approving this project. He saw potential danger with traffic heading east on Woolbright and making a u-turn at the intersection to enter the gas station. Mr. Staudinger referred to comment number 3 of his memo, which states that a traffic study is required to assess the impact of the driveway and use of the intersection of S. W. 8th and Woolbright Road. To date, Mr.. Staudinger has not yet received that report. Vice Mayor Aguila felt there was insufficient landscaping. Melvin Simms of Racetrac stated that he 1s working with the owner of the pond to resolve the issue relating to the joint use pond. Mr. Simms 'was willing to locate the dumpster anywhere the City wants it. A traffic engineer is working on the traffic count. A local landscape architect did the landscape plan, based on the regulations. Vice Mayor Aguila wished additional landscaping at the northwest corner of the intersection where the retention pond is. Mr. Simms advised that he applied to DOT to fill in that ditch and make it a flat, grassy area. Mr. Simms was agreeable to the additional landscaping if DOT allows it. I - 18 - M E M 0 RAN DUM TO: Don Jaeger Building Official DATE: January 13, 1994 FROM: Sue Kruse, C.M.C. City Clerk RE: EASEMENT VSB LTD. Attached please find a copy of the above mentioned EASEMENT which was recorded in Palm Beach County on December 30, 1993. d~~ c: Engineering Planning utilities Customer 00 Attachments /ma n~r-ln-1.9ql A:17pffi 9~-4:?q4~rl ()PP. An~7 Pi:l 1.4-79 f 1...1.-..."'11.. .1111 I .tl El\SaMmNT 1(1. nn nrn- THIS INDENTURE made this ~r4 day of &-(Y.?I'~ A D , . ., 1993, by VSB, LTD., a Florida limited partnership a-e-o-r-pOf-e:t':i:Ofl exis ting under the laws of State of Florida and having its principal place of business at c/o Peter L. Tun~s, Esq., 200 East Broward Boulevard, Fort Lauderdale, Florida 33301, first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever 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 h corporations, wherever the context so admits or requir.es. ) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: - That certain land more particularly described and depicted in EXHIBIT A attached hereto and made part hereof \ (hereafter, the "Easement Area") 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 and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repa1r, install an6 r~~uild ~ac:~i~ies for above stated p\lrpo~cs and does hereby grant a perpetual easement on, over and across the above described property for said purposes. "'-' 0PP. AnCS7 p~ l 4p.n 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: f I 0 '0 / , \_/f,J' Ii ,~{ ,/;t . I'; / ( , L~..r i~,1', ":"~;;Q-"": ; u ~~) (( Ih~ '_e' ,/- 1_(.!- j -:) j)~Vv'/V C ~ e 1-I:S 0 VSB . .. . . ~ . . . (~ ~ . '. . . '- .. / f~~ '; ._.... \ j: .,1 '.' ~~ :/1 ()j-lll (~J : -, \.) "" _. .- - : \~: ~ ' ~(k.oij'peRATE SEAL) .. ........ ~ \ "," Y . . " ' , . J ATTEST: 'i., i) 1/ i 0 'I ii' Lo./' '! /VI.'),,..! SECRETARY.. Address: 100 N.E. 'l11ird Ave., Suite 970 Ft. Lauderdale, FL 33301 ". .." ... STATE OF , . " I Ii, I ''t ; i', '..J "Ie /, r J !C' ,ll 0, ' 0' 0;0' , / l '!.' , ,t '" j . .Jt.o 1" ,0,,,(r,..,\ k., , '0'" t J- . , ''''r,i-.' f' 'I ~ (~ COUNTY OF <J;t IlfI,.:>o... (0t'6" I-H)' .; D: -,;. vi>" ~vf"'''' I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and County aforesaid to take acknowledgements, personally appeared , 'I U l( '-./' T--:L i: .f- L a <.I r q /'1.f 0 f" r Ii _ well known to me to be the ~,'::, President and~S<;(.....t0~1 respectively, of the Corporation named asYfirst party in ,the foregoing Easement and that they severally acknowledged~J ~ - ',' executing the same in the presence of two SUbscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. .. WITNESS my hand State last aforesaid 1990. anc;1 of~.,icial seq,~- ~~ t~e, _sounty and t h 1 S ~ da y 0 f li. I( 1'0 L I !L LA '7_ , A. D., , I - I I, --/;1;; ( ji)" f"/ i(' /'" ,'; I ( . .0\/ ~('__ 0 ;. 'I' LI : / / i~ o. 'Notary Public in and for the State and County aforesaid. My commissio~ expires: ..,~~~,. tESlIE A.. ADDOtftSIO f:"Jf"1i.'~;.... M'f COf,MSStOH , GC323748 EXPIAES ~:.~ October 31. 1997 ";r~',....~ IONllED It\llU OOV fAltlItlSUlWtCE.llC. 1,P.fu~ Joinder of Mortgagee attached 7 a part hereof as Exhibit B. Prepared by David S. Drobner, Katz, Barron, Squitero & Faust, P.A., 2699 S. Bayshore Dr., Miami, FL 33133 (7th Floor) Retum to: sam: party above ~ BRUCE HI/IIIII /III/lie CARTER a ASSOCIATES, INC. LAND SURVEYORS LAND PLANNERS 40es S.E. 6th AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33444 EXHIBIT A PHONE (305) 265 - '910 Page 1 of 2 ~ I -- -- --- ----, f'IPP' ~f)57 Oq 14.::J:.1 l-; I \.- () 0.: DATED: DECEMBER 3, 1993 ~ I ~ r- -- - --l I SKETCH & LEGAL ...1 ~ : ,c( THIS IS NOT A SURVEY u I ~-- I 1 1 C/) I ~ , ~ I )...\11 I 0 " ': () f-t ~~ ~, UTILITY Z. 'or" o z / EI9Se:-/'c1~N ~' LEGEND: P.O.C. P.O.B. SEC. R/W - POINT OF COMMENCING - POINT OF BEGINNING - SECTION - RIGHT OF WAY I s~ I .... I. ~~ I I ~~ I \ ~~ ,) \ ~~ \ ~ \ 3~ \ . \ ~ ~ ~~> - ~ '1\ V ./UT-1V8:Jr \ ~ ~ r... /../""& SiEC. \. /7-45-431 \ 1"11~~ . ~,-"". 1 i ~ I I ' I , I 1 1 Nt:J" /e. "w /34,2'Z N4S.SI' " /<!1.C}CJ ' Jzr..a,' A./89"oS 'o"l"€ 'DdIsNCr&,trl JlIl...........1II1J1!11'1C111CM. . . ITAIlDMDI ~...".... .=21l1li'" '~.~":==':"~Sr~&~ ;/ '.''''1'' ., 1':, \:"" ~~I~HUMT:;~-H;.l!c;r,\. ..:~ -- .....1'\'.,,\r~. .'.ll.,..,.....,,.r')'.y'... .~ Ar:-', ;, ,.,,:,;.,,;.\,-, '. , BRUCE .N. CAR~ REG I STEREO - LJ SURVEYOR:. NO ..2~ STATE-,'OF FLORJ AI. R/W au RN rwJA. e()UI..E. vA ItD TH'lS ..Ich II Itle UPDATES and HEET 1 OF '2. of BRUCE CARTER a ASSOCIATES INC. and IhaII not be r roduoed In DATE BY CK'O !iQ.n The underaloned ond BRUCE CARTER a ASSOCIATES, IHC. moM I repre..ntallona or ouaronl... a. to th. Information reffeelld.."....on ,.r1olnl, ea.ement., rIOhls-of-way,set back IInM,reMMJtlona,ogr..ment. and other elrNIar me and turlher, Ihls Inslrumenlls notlnl.nded 10 reflect or eel forth alllueh malt..... S Informallon should bo obtained and oonfl",lOd by otherw throuoh approplat. tl1lt ItG NOT!:: Lunda shown hereon wore nol ob.lraoled for rlohl-of-woy and lor easemenls of racord. JOB NO. DRAWN BY: G. H. CHECKED BY: F. B. PG. FILE NOPOLI..OT' DEC- 8-93 WED 14:4~ ORP1 AnC;7 ~.~ 1 4~::;:1.~ RJ="CnRn- !v'tRf~f;:~ . DOROT:-iY ~ :~rL~<E\ !~f i=~K nF THF ~~(j(JRT - PPI :~>~L~..l-' ~. EXHIBIT B JOINDER IN AND CONSENT OF MORTGAGEE TO EASEMENT This Joinder in and Consent of Mortgagee.to, Easement (this IIJoinder and Consentt.) is made and entered into this .J' J-~ day of ,;.:LQ..J.....e.f..~0;J.., , 1993, by DRAPER AND KRAMER, INCORPORATED, an Illinois corporation, as joint venturer of and d/b/a SOK Industrial Parks, a joint venture, hereinafter called "Mortgageell. WHEREAS, Mortgagee is the owner and holder of that certain Mortgage Deed and Security Agreement executed by VSB Ltd., a Florida limited partnership ("VSBII), recorded in the Public Records of Palm Beach County, Florida, in Official Records Book 6046, at Page 1193 (the "Mortgage"); and WHEREAS, the Mortgage encumbers. inter alia, the land more particularly described in that certain easement executed and delivered by VSB, in favor of the City of Boynton Beach, a political subdivision of the state of Florida (the "Easementn) to which this Joinder and Consent is attached; and WHEREAS, the Mortgagee has consented to the below-described easement. NOW, THEREFORE, Mortgagee agrees as follows: 1. Mortgagee doe~ hereb~ ~onsent to the 7ecordation of the Easement, dated/.dQc'Q.^^ j!).. <f. /. 9.5' , and the creat~on of .the easement thereby. 2. The Mortgage shall be and hereby is subordinate to the Easement, and nothing contained in the Mortgage shall affect, alter or modify in any manner whatsoever, the terms and conditions of the estate granted in the Easement; but in all other respects the Mortgage remains in full force and affect. IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be duly executed by its authorized officer on the date set forth above. SOX INDUSTRIAL PARKS, a joint venture I j" /, I; . I . (. ..l! / '. ! I .- I .. . ,( /)(x,.t/l1LrIQ( 1 ,.f . \ W :"!Ic )\. IU;C'II/)I ~ (print Name) BY: DRAPER AND KRAMER, INC an I11i is corpor~t^o ventur r . BY; ~) . . ) 1 (' .. I) I,. /", /,-. ( ~ :. / I '-",. /( : ,,- -r<'I.iL-I'\ C. }~~I- .')__~' (Print Name) STATE OF FLORIDA COUNTY OF ~u~L J() ) ) 5S: ) Before me~ the undersigned authority, personally appeared ___ I u \1 ' VA: , , who is personally known to me or produced ,I r I" I', "., I I-~( as identification, and (s )he acknowledged before me that (s)he executed the foregoing instrument, and (s) he did take an oath, as \. 'e, ' /- (( ".J(, i: I I'f of DRAPER AND I.<RAMER, INCORPORATED, an Illinois corporation, on behalf of the corporat1on, as joint venturer of SDX IN>>USTRIAL P~KS, a joint venture, on behalf of the joint venture, this ~) day of'~ <~\-'c! U_J: '7. , 1993. I. f. / / j; / t ,,).! ' ,"I: ! . I / /; ,.. .' I ~__ _ _ J, ____ , _ . _ ~ -/,''''! .1-./ '/- CJ ' .-/ ~ i ~ [NOTARIAL SEAL] NOTARY PUBLIC, STATE OF FLO~D~ Print Name of Notary: L. '~liC /--, Ii r lU~/ My Commission Expires: '"'''''' ..-;'\'~" f>:{:.~ LESLIE A. ADOONISIO t.;, ~r.1 MY COMMISSION 1/ CC323748 EXPIRES ~~...~~ :0"' October 31 1997 -'::;f;p,' "~r'~:;'-' BONDED THRU TROY F_,N INSURANCE, INC 11'''_ 4a~e:\wp51dat\pollo\~oyn~on\eoftaont2 /. /- (13) A F F I D A V I T STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) , WHO BEING Gkl1l"J J:,U'17 DULY SWORN, BEFORE ME THIS DAY PERSONALLY APPEARED DEPOSES AND SAYS: That the accompanying Property OWners List is, to the best of his knowJ.edge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property within Four Hundred (400) feet of the below described parcel of land. The property in question is legally described as follows: SEE ATTACHED EXHIBIT "A" FURTHER AFFIANT SAYETH NOT. 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