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.
Sworn to and subscribed before me
~~~
(Si ature)
this / to -- day ~f
~~
N t ry Public
State of Florida at
A.D., 19 q8
~y Commission Expires:
OFFICIAL i\iO'fARYSEAr.---;
MIGDALlA A CONZi\.I ,EZ ~
NOTARY PUBUC STATE OF itDRlDAI
COMMISSION NO. CC2:N65H ,.
MY COMMISSION EXP~\lQ.~ 'I,) 9% !
. PLANNING DEPARTMENT - APRIL 1991
A:CUse.app
E~ tf.6.f ... ,,'
-
~P22:rI OtAJ~a.~ U\'
./ 01 "3 ..5 , 7 00 00" 0050 YS' L TD
/' , D.~PE. , K.~"[. INC'O'CONOR
n N "ON. DE ST
C"lC~CO IL
"CRES
,,-..5-..3, "LV 3".3' ~T O~
[ 71'.23 FT Of N "'.23 fT or
T" PT 0' ..W ".. o~ 1M ".. Lve
606035 OF , "DJ TO L-21. t"L .'N
(LESI [ 131.33 F1 OF N "5.13
fT Of S '21.1' '1 OF " 2..3."
FT'
I"ll v.., 0.. 60'" P 1171
,,'C
on
...73
/(
01 ..3 .., 'I 06 000 0010 "05T L""DI"G 10YNTON LTD "05T L"HDI"G
, "05T ..C..T'DIY "05T ".0" INC "LL or "L"T (LESS "". ~l
3350 CU"'EltL""D CllttlE 12200 S"LE YR 00 0.. 0000 "0000
ATL""T" G~ 3033'
"" 003
"CitES
'0.95
/' 01 "3 .., II 00 000 , 000 COLlCK COEHE I CO INC
/' "0 lOX "0'77
1 HI> 1 "'""'''OLl S . H
"CitES
11-"'-13. HE ".. (LESS 0.......'
PII'51, PI'2"GS..2' "3, S 2"
rT or " 316.10 FT OF W 600 FT
..62"00F E 660 rT. C"L , ItD It/W51 ,
ELV "'''.'3 FT OF "LY 661.8' FT
83..... OF"W ".. (LESS CHL , RD It'WSI
SALE YR" ORI "'6 P '610
"'C 00'
/J
01 "3 .., 11 00 00.. 0060 Y51 LTD
. D."PE. , klt~"E. I"C'O'CONO.
33 N "O"ltOE 5T
C"IC";O IL
ACUS
1'-If,-..3, TH fiT Of NW ".. OF
SN ".. LY; " or NW 22NI>
"VE, S OF QU~NTU" ILVD & W OF
60603"'5''''12 (lESS CONGRESS "VE
ItI'M)
S"LE YR I' Oltl '0"6 P ""
p/c
0'6
13. ,..
/.1 "3 "5 17 0.. 001 1010
p,C 00..
"-00000
RICHGLI MILLIAft A
1 VIA IE CAI,.. lUIt
.OYMT.... RACM FL
ACRU
. Al01
IOUTMLAKE: COND
'L.' 1 UNIT 101
IALE: y. 17 0.. ''''3
P 0"2
33'126
1.00
'1 ..3 .., '7 0' 003 0000 .UARTUft PARK PROP-ONRER'
/ glR ule
"0 Ie ITM IT . r"LR
n LMlKR.AU n
"eREI
IUA"TUft PIC AT 10VMTON
IIACH Pl '-A
TR C le'A IUA"TU.. ILVI
'310t.ALE VR 00 ORI 0000 P 0000
t. ..,
,.'c 09'f
~_._~_.
/01 ..3 .., '7 0' 0'" 0000
"" 0'.,
001 L"COOI ""OMNER5
, '''TTtlt CO",,~NIE'
2321 , OT" "Y[ N
L"K[ "OIfT" n
"CitES
"IIN INt DOS L"COOS
IUFFtlt "ltt"
S"U ylt 00
32""
".76
OR' 0000
,. 0000