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LEGAL APPROVAL NOTICE OF MUNICIPAL ANNE-XA TION FROM: city of Boynton Beach, Florida please be advised by this notification and attached location map, that certain lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office of: THE CITY PLANNER. Name of Development/0W~~t: Mall Corner Restaurant Ordinance *90-64 or Special Act of State Legislature: Bill * Effective Date: 12/18/90 Area of subject Property: Sq. Ft. 1. 34 Acres Estimated Present population: -0- Estimated Number of Existing Dwelling Units: -0- Estimated Present Residential Density: 1 d.u./iO acres d.u. 's/acr4 Zoning: C-3 Density Allowed: -0- d.u.' s/acr, Existing Type of Development: Vacant Land Proposed Type of Development: Restaurant *OWner or Petitioner *County Commissioners All City Departments All Utility Companies *County Planning, Bldg, Zoning *Area planning Board Chamber of Commerce *Countywide Planning Council Bureau of Census *County Tax Assessor *Clerk of County Circuit Court to receive copy of ordinance *Secretary of state *supervisor of Registration Attachment Location Map *state Beverage Department *State Department of Transportation . . NO. 'J ", .,: ; t "; "",<lll \..';' ," ';"c'{"" STATE OfF:!1' '., bEPAUMENT OFCOMM" ,", . rtv~ NOncE OFINTENT,r~:,~D THE: . CITY OF BOYNTOf.f aEACH 1 COMPREHENSIVE PLAN AMENDMENTs IN COMPLIANCE .' , DOCKET NO. 9O.~-NOI-SOO5~(A).(lr. ',.," .~ . ~. ,.., .. .7 '... _., ~ ',,' "t;, .>/ . The Depar1ment gives notice of its intent to Rnd the ami'M:Jmertff$fti ~ ~ " hensive Plan for City of Boynton Beach, adopted by Ordinclnce Nos. 090-69, 090-72, 090- 74, 090-60, 090-66, Q9O-76, 090-78 and 090-58 on December 18, 1990; IN COMPUANCE, Pursuant to Sections 163.3184 and 163.3187, F .~. The adopted City of Boynton Beach Comprehensive Plan amendments and the Oepartmenr s Objections, Recommendations, and Comments Report, are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City Hall, Planning Department, 100 East Boynton Beach Boulevard,&ynton Beach, Florida 33435. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency detel111inationthat the amendnients(s) to the City of Boynton Beach Comprehensive Plan are in compliance, as defined in Subsection 163.3184(] ), F .5. The petition must be filed within twenty:one (21) days after publication of this notice, and must ipclude all of the information and contents described in Rule 9J-11.012(8), F.A.C. 1he petition shall be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399- 21 00. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administrative hearing wi II. be to present evidence and testimony and forward a recommended order to the Department. If no petition is. . . filed, this Notice of Intent shall become final. agency action. If a petition is filed, other affected persons may~tion for leave to intervene in the proceeding. A petition for intervention must be filed at l8?st five (5) days before the Rnal hearing and must include all of the information and contents described in Rule 221- 6.01-0, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of AdministratiQn, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the' allowed time frame constitutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the administrative hearing. .' .., " '.' " . . ~ . -s-Robert G. Nave, Director Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 ~ . Cor! AQ {t( + [\t\'t\\..\J[). Pc: ... 1/), vtk'~ pel f ""It, (\ c; 'llM.- ~ .. ~c l...( D. \ I u'= A completed copy of this routinq slip must accompany any request . to have a Legal Notice or Legal Advertisement PUblished and must be submitted to the Office of the City Attorney 8 workinq days prior to the first PUblishing date requested below. REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS ORIGINATING DEPARTMENT: PLANNING PREPARED BY: 'Michael W. Rumpf DATE PREPARED:--Ll/16/Qn BRIEF DESCRIPTION OF NOTICE OR AD: 11AP AMENDMENT FOR ANNEX- ATION, LAND USE ELEMENT AMENDMENT, AND REZONING OF PROPERTIES (Knuth Rd. PCD, Boynton Beach BLVD, Retail/Oil Lube, and Mall Corner Restaurant) . SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border etc.) THE AD MUST OCCUpy NOT LESS THAN ONE-QUARTER OF A STANDARD NEWSPAPER PAGE. THE HEADLINES MUST BE NOT LESS THAN EIGHTEEN POINT LETTER SIZE. PLACE AD IN "LOCAL NEWS" SECTION AND NOT IN THE CLASSIFIED SEC'rION OR LEGAL SECTION. IF MAP IS REDUCED STREET NAMES ON MAP MUST BE LEGIBLE. AN EXTRA COpy OF THE ACTUAL ~mp IS ATTACHED FOR THE NEWSPAPER. SEND COPIES OF AD TO: NEWSPAPER, PLANNING DEPT., CITY ATTORNEY NEWSPAPER(S) TO PUBLISH: PALM BEACH POST DATE(S) TO BE PUBLISHED: NOVEMBER 22, 29, DECEMBER 6, 13, 1990. APPROVED BY: (1) ~~~~l~~ ~ 11//7J70 I(Da ( 2 ) (City Attorney) (Date) ., <.. -" 7 f J) c - ,/.' .,~ /-U'a--- " Ci ty Manager) I 1/-1'1- fo (Date) RECEIVED BY CITY CLERK: COHPLET::D: , ' REZONE~ From - AR Agricultural Residential (palm Beach County) To - PCD, 'Planned commercial Development (City of Boynton Beach) ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, May 8, 1990, at City Hall, Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, to consider a request for ANNEXATION, LAND USE AMENDMENT AND REZONING covering the parcel of land described as follows: Legal Description: A portion of Lot 42 of Subdivision Section 19, Township 45 South, Range 43 East as recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida, less the South 320.00 feet and less the North 20.00 feet for road right-of-way and being more particularly described as follows: Commencing at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an assumed bearing of South 01006'03" East a distance of 20.00 feet to a point of intersection of the South right-of-way line of Old Boynton Road and the West right-of-way line of Winchester Park Boulevard as now exists, said point also being the Point of Beginning; thence continue South 01006'03" East along the said West right-of-way line of Winchester Park Boulevard a distance of 243.08 feet; thence South 88009'06" West a distance of 307.55 feet to a point on the West line, of said Lot 42; thence North 01000'33" West along the West line of said Lot 42, a distance of 124.60 feet; thence North 89050'16" East a distance of 139.90 feet; thence North 01000'33" West a distance of 127.53 feet to a point on the said South right-of-way line of Old Boynton Road; thence North 89050'16" East along the said South right-of-way line a distance of 167.26 feet to the Point of Beginning. Containing 58,255.94 Sq. Ft. or 1.34 Acres more or less. APPLICANT: Mall Corner, Inc. c/o Schroeder and Larche, P.A. AGENT: Kieran J. Kilday, Kilday & Associates OWNER: Mall Corner, Inc. PROJECT NAME: Mall Corner Restaurant PROPOSED USE: Restaurant LOCATION: Southwest corner of Old Boynton Road and Mall Road (Winchester Park Blvd.) REQUEST: REZONE from AR-Agricultural Residential District (Palm Beach County) to C-3 1 ( / (Community Commercial District) City of Boynton Beach LAND USE AMENDMENT from CH/8 (Palm Beach County) to Commercial/Local Retail (City of Boynton Beach) ALSO A PUBLIC HEARING .Jill be held by the City Commission of the City of Boynton Beach on the above request on May 15, 1990 at 6:00 P.M. at City Hall, Commission Chambers, or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Commission with respect to any matter con- sidered at these meetings will need a record of the pro- ceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK PUBLISH: The Post April 22, 1990 & April 29, 1990 cc: City Commission City Manager City Attorney City Planner slb/MALL.REST 2 ,-- " ,,J-~ ;' " ,v EXHIB:t'.t' tJAIf A portion ot Lot 42 of Subdivision section 19, Town5hip 45 south, Rc.ng'a 43 Ea.st. as recorded in p~at Boo}C 7, at I'a.ge :1.9, at the Publio Record:3 of Palm Beach county, Florida, le.SG the South 320.00 teet and less the North 20.00 feet for roaa riqht-ot-way and being more p~rticularlY ~escribed as follow5: Commencing at the Northeast corner of said Lot 4.2 j' thence run ~lonq the East line of said Lot 42 on an assumed bea~inq of south 01-06'03" East a distance of 20.00 reet to a: point of intersection of the South right-of-way line of Old Boynton Ro~u and t.he Wast right-at-way line of winchester Park' Boulev~rd. as now exists, said point also being the point of Be9~nnin9'1 thence continue south 01.06 r 0311 East a.long the said West riqht.-o!-way line of wir.chestcr Park Boulevard a distanoe of 243. 08 feet; thence south 8S.09'06" West a distance of 307.55 feet to a point on the West line of said Lot 42; thence North 01.00 '33 \I West along- the West line of said Lot 42, a distance of 124.60 feet;, thence North 89' 50 '1611 East a distance of 139.90 feet; \ thence North 01-00'3311 West a distance 01: 127.53 teet to a point ''Q,n the said South right-of-way line of Old Boynton Road1 thence No.th 89-50'16" East along the said south right"of-way line a dist~nce of 167.26 teet to the point of Beginning ;' ~AN-19-'90 FRI 17:40 ID:KILDAY & ASSOCIATES TEL NO:407-689-2592 **198 P03 Mr. Tim' Cannon, Inter~m Director Directo+ of planning & Zoning city of Boynton Beach 120 E. Boynton Beach Blvd. . Boynton Beach, FL 33435 Re: Agency Aqreement Dear Mr. cannon, This letter is to serve as permission for Kieran J. Kilday and Kilday & Associates to act as the agent, to prepare and submit all documentation, and attend all meetings pertaining to the property described in attached Exhibit "A" as it re- lates to the Annexation, Land Use Plan Amendment, zoning and special Exception or site Plan approval process. Furthermore, Mr. Kilday and Kilday & Associates are author- iz to agree to terms or conditions which may arise as part o th approval of this application. lorida corporation I HEREBY CERTIFY THAT ON THIS 29th day of Januarv , 1990, before me personally appeared MICHAEL A. SCHROEDER. .<II': Prpcd dent to me known to be the person(s) described in and who executed foregoing instrument .oN BEHALF OF SAID CORPORATION. of MALL CORNER, INC ~~ss'my hand and official seal in the state and county the day and year last aforesaid. (NOTARIAL SEAL) '" / " ~~ Notary Public state of: FLOeI bit- My commission Expires: . ...V pU"lUC. STATE OF FI.ORlDA; , %.~TtotMillS5ION EXPIRES: SEPT. 7. 199~~ nQ~l1""E\J THRU NOTARY PUBLIC UNDERWRITERS: JAN-19-'90 FRI 17:40 ID:KILDAY I) ASSOCIRII::.~ It:.L l'lU:41::Jr-ob:r.::.;..,;;>.:. n._''.,j I ",.r-f EXHIBIT lIAII A portion ot Lot 42 of Subdivision section 19, Town5hip 45 soutb, Ro.ng8 43 East as re.corded in p~at BOok. 7, at ;Po.qe :1.9, ot the. public Record:3 of Palm Beach county I Florida, lesG tho South 320.00 feet and less the North 20.00 feet for road right-ot-way and being more particularly described as follow5: couuuencing at the Northeast co:r:ner ot said Lot 4.2 j' thence run ~lonq the East line of said Lot 42 on an assumed bea~inq of south 01-06103" East a distance of 20.00 :teet to a. point of intersection of the south right-of-way line of Old Boynton Ro~d and the Wast right-of-way line o:t winchester Park' Boulav~rd 0.$ now exists, said point also being the point of Beg.inning 1 thence continue south 01" 06' 03" East along the said West right.-of-Wa.y line of wir.chester Park Boulevard a d.istance of 243 - 08 feet; thence south 88"09'0611 West. a distance of 307.55 feet to a point on the West line of said Lot 42; thence North 01.-00'33" West along the West line Of said Lot 42, a distance of 124. 60 feet;, thence North 89' 50 116" East a distance of 139.90 feet; \ thence North 01'00133" west a distance of ~27.53 teet to a point 'Qn the said south right-of-way line of Old Boynton Road1 thence No.th 89fSOl161r East along the said South right-ot-way line a distanco o! 167.26 teet to the Foint of Beginning / CORPORATE RESOLUTION I HEREBY CERTIFY to at a meeting of the Board of Directors of MALL CORNER, INC., a Florida corporation (lIcorporationll), the following resolutions were adopted: IlRESOLVED that the corporation apply to the City of Boynton Beach, with regard to the Property described on attached Exhibit "AII for annexation into the City, rezoning and site plan approval by the City of Boynton Beach, and further that Kilday & Associates be and are hereby authorized to make any and all applications on behalf of Corporation to accomplish the foregoing. RESOLVED FURTHER, that anyone of the following officer(s) Michael A. Schroeder, the President and Secretary of the corporation (the officer or officers authorized to act pursuant hereto being hereinafter designated as IIAuthorized Officersll) is/are hereby authorized, directed and empowered, in the name of and on behalf of the corporation, to execute any documents necessary and make any decisions required in connection with the matters recited above. RESOLVED FURTHER, that Kilday & Associates are authorized to act upon these resolutions, which shall continue in full force and effect until written notice of their revocation is delivered to Kilday & Associates. RESOLVED FURTHER, that the authority given hereunder shall be deemed retroactive and any acts contemplated hereby performed prior to the passage of these resolutions are hereby ratified and affirmed." I, THE SECRETARY of Mall Corner, Inc., a corporation incorporated under the laws of the state of Florida, do hereby certify that the foregoing is a full, true and correct copy of resolutions of the Board of Directors of said Corporation, duly and regularly passed and adopted at the meeting of the Board of Directors of said Corporation, which was duly and regularly called and held in all respects as required by law and by the Articles of Incorporation and the Bylaws off,' the Corporation, at the office thereof on the .2c?: day of LLU--C,{l....o::ic: , 19b'-Cf, at which meeting the requisite number of Director~ were present and voted in favor of said resolutions. I further certify that said resolutions are still in full force and effect and have not been amended or revoked and that the following specimen signature is the signature of the Authorized Officers to sign for this Corporation by virtue of these resolutions: 1 / Title Name President/Secretary Treasurer Michael A. Schroede I FURTHER CERTIFY that this corporation is duly organized, validly existing and in good standing under and by virtue of the laws of the state of Florida; that there is no provision in the Articles of Incorporation or Bylaws of said Corporation limiting the authority of the Board of Directors to adopt the foregoing resolutions or requiring approval of such resolutions by. the vote or consent of the shareholders of said Corporation; that this Corporation has the corporate power to own its property and carry on its business as now being conducted; and to the date hereof, no proceedings for dissolution, liquidation, consolidation or merger have been instituted by or against this Corporation. IN WITNESS WHEREOF, I have hereunto set my hand aG Secretary and affixed the corporate seal of . d corporation thj,s 29th day of January, 1990. CHAEL A. SCHROEDER, secretary (Corporate Seal) 2 EXHIBIT IIA" A portion of. Lot 4~ of Subdivision section ~9, Township 45 South, Range 43 East as recorded in plat Book 7, at Page 1.9, of the Public Records of Palm Beach county, 'Florida, lesG the South 320.00 feet and less the North 20.00 feet for road right-of-way and being more particularly described as follows: commencing at the Northeast corner of said Lot 42 i" thence run along the East line of said Lot 42 on an assumed bea~ing of South 01.06r0311 East a distance of 20.00 feet to a, point of intersection of the South right-of-way line of Old Boynton Road and the West right-of-\Olay line of Winchester Park' Boulevard as now exists, said point also being the point of Beg.inning; thence continue south 01.06' 0311 East along the said West right-of-way line of wir.chester Park Boulevard a. distance of 243" 08 feet; thence South 88.09'0611 west a distance of 307.55 feet to a point on the West line of said Lot 42; thence North 01" 00 '3311 West along the West line of said Lot 42, a distance of 124.60 feet: thence North 89"50'1611 East a distance of 139.90 feet; thence North 01.00'3311 West a distance of 127.53 feet to a point on the said South right-of-way line of Old Boynton Road; thence North 89.S0r16u East along the said South right-of-way line a distance of 167.26 feet to the point of Beginning /...~ I tLI',' U":' '-'J ..L_'. M~.. ~TJClDt J'ch~ a::. ~O . - '-" -"'-' W-.-.- I '-'- SEP-13-19B~._.J:04pm 88-254160 ,.,'''l'fI~., /': . - ;,.._.... I........... ORB 5805 pg 1427 PREPARED BY: MICHAEL A. SCHROEDER, ESQ. SC OEDER AND LARCHE, P.A. ITE 319A 2255 GLADES ROAD BOCA RATON, FLORIDA 334J1 (407) 241-0300 88-254160 Con 233,024.00 Doc . 1,282.05 JOHN B DUNXLE,CLERK - PB COUNTY, FL , ~".- I WARRANTY DEED This Indenture made this 6th day of Sept~mber, 1988, by FLORIDA GAS TRANSMISSION COMPANY, a Delaware corporation, f/k/a HOUSTON TEXAS GAS AND OIL CORPORATION, a corporation existing under the laws of Delaware, and having its p~incipal place of business at, 1400 Smith Street, Houston, Texas 77002 hereafter called the Grantor to MALL CORNER, INC., a Florida corporation, whose post o:rfice address is c/o Schroeder and Larche, P.A., suite 319A, 2255 Glades Road, Boca Raton, ~]nr{d~ ~~~31 of the County of Palm Beach, state of Florida, hereinafter called the Grantee, WITNESSETH, that said Grantor, for and in consideration of the sum of Ten and no/looths-----($lO.OO)-----Oollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Palm Beach, County, Florida, viz; SEE EXHIBIT "AU ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SUBJECT TO: .. :1. Taxes for the year. 1988 and subsequent years. 2. Zoninq, restrictions, prohibitions and other requirements imposed by governmental authority. :3. Restrictive covenants, conditions, stipUlations, easements dedications and reservations as set forth, shown and recited on plat recorded in Plat Book 7, at Page 19, of the PUblic Records of Palm Beach county, Florida TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, and its corporate seal. to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered FLORIDA GAS TRANSMISSION COMPANY, a Delaware corporation, f/k/a HOUSTON TEXAS GAS AND OIL CORPORATION in the presence of: ~~ /?/~~~ . - SCHF OEDER AND LARCHE. P. A. ONe BOCA II'I.ACf:, SUITE: 31Q - ATRIUM. 2255 GI.ADll:S FlOA.D . IIOCA FlATON. F'1.0RIOA '33.~1-7~1' . TE:~f'''HONE: (407)241-0300 ,- HOV-U~-' C;':;l 1..::,:..;; liJ : LHt'J Ur r i U:.~ I t:.L I II. ) I -.;..' W , :".:, Hf.:J:J;) ru-, .i....'..' ..~ ;,ORB 5805 P'3 1428 ........ .,.-' -... .~.. ..... STATE OF FLORIDA COUNTY OF PALM BEACH X HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared JAMES G. BARNHART, well known to me to be the Vice President of Florida Ga~ Transmission Company, a Delaware corporation, f/k/a Houston Texas Gas and oil Corporation the Grantor in the foregoing deed, and that he acknowledged executing the same in the presence of two (2) 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 and official seal in the County and State last aforesaid this 6th day of September, 1 Of \'t .. My Commission Expires: H......- . . n.ollloA 'r lIQTl\l't PllllllC Sl~lE ~~r. 17.U91 l\'t tOllllHlS1DII t,"" lIS. \l1l0. . 801101:0 111RU G[IIEIlAL SCHROEDER AND LARCHE. P. A. -_. --. -..- ,.--\ -." ---- ..-.- ORB 5805 Ps 1429 .-.... -. .# EXHIBIT "A" A portion o~'Lot 42 of Subdivision section ~9, Township 45 South, Range 43 East as recorded in plat Book 7, at Page 19, of the Public Records of Palm Beach county, Florida, less the South 320.00 feet and less the North 20.00 feet for road right-of-way and being more particularly described as follows: Commencing at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an assumed bearing of South 01-06'03" East a distance of 20.00 feet to a. point of intersection of the South right-of-way line of Old Boynton Road and. the West right-of-way line of Winchester Park Boulevard as now exists, said point also being the point of Beginning; thence continue South 01.06' 03 II East along the saiel West right-of-way line of Wir.chester Park Boulevard a distance of 243.08 feet; thence South 88.09'06" West a distance of 307.55 feet to a point on the West line of said Lot 42; thence North 01"00'33" West along the West line of said Lot 42, a distance of 124.60 feet; thence North 89" 50 '16" East a distance of 139.90 feet; thence North 01"00'33" West a distance of 127.53 feet to a point on the said South right-of-way line of alel Boynton Road; thence North 89-50116" East along the said South right-of-way line a distance of 167.26 feet to the Point of Beginning '" p ReCORD VERIFIED ALM BeACH COUNTY FLA JOHN S. OUNKLE" ClERI( CIAClJlT COURl" SCHROEDER AND LARCHE, P. A. ONE DOCA PLACE. SUITE 319' ATRIUM. ~a!S!S GLADE-& ROAe . DOC"" RATON. F"L.QFlICA 33431"313 . TI:\.EI>HQNf; ("07J Z"I'O~OO