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.
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\..';' ," ';"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. ',.,"
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. 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.
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-s-Robert G. Nave, Director
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
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Cor!
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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
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(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
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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
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~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)
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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.::.;..,;;>.:.
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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
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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
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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
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SEP-13-19B~._.J:04pm 88-254160
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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
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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:
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: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:
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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
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;,ORB 5805 P'3 1428
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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
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My Commission Expires:
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'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.
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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
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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