LEGAL APPROVAL
CITY of
BOYNTON BEACH
@'
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100 E. Boynton Beach Blvd.
P. 0, Box 310
Boynton Beach, Florida 33435.0310
(407) 734.8111
OFFICE OF THE PLANNING DIRECTOR
November 22, 1989
Stanley Consultants of Florida, Inc.
Attn: Mr. David Flinchum, ASLA
2000 Lombard Street
West Palm Beach, FI 33407
RE: Shoppes of Woolbright (Home Depot) - Site Plan - File No. 363
Dear Mr. Flinchum:
Please be advised that on Tuesday, November 21, 1~89, the City
Commission approved the referenced site plan, subject to staff
comments, copies of which are attached.
. ,
These plans were approved subj ect to your compliance
attached stipulations. After you have amended your
reflect these stipulations, please submit two copies
plan drawings with the changes incorporated to the
Department for permitting purposes.
with the
plans to
of final
Building
The approval of the City entitles you to construct only the
improvements shown on the site plan. The site plan will be
viewed procedurally as an as-built or record drawing. If you
have any questions concerning this matter, please do not hesitate
to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~~7~.
TIMOTHY P. CANNON
Interim Planning Director
TPC:frb
Encs
cc: Interim City Manager
Technical Review Board
Central File
Frank Lamia Greenberg
TradeWlnds beveloprnent
I
HDepotSP
tg~~~w9~2Cetr~EtM6gteIRa, Boca Raton, FI
33487-2846
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RECIPROCAL EASEMENT AND OPERATION AGREEMENT
THIS RECIPROCAL EASEMENT AND OPERATION AGREEMENT (the "Agreement"), made as of
this day of February, 1990, between HOWARD R. SCHARLIN, as Trustee, having
an office at 1399 S. W. First Avenue, Miami, Florida 33130 ("SCHARLIN"), and HOME
DEPOT U.S.A., INC., a Delaware corporation, having an office at 2727 Paces Ferry
Road, 7th Floor, Atlanta, Georgia 30339 ("HD").
Preliminary Statement
Scharl!n is the owner in fee of certain real property located in Palm Beach
County, Florida, consisting of 16.51 acres more particularly described in
Schedules "A" and "A-I" annexed hereto, (collectively "Scharlin's Parcel").
Scharlin intends to construct on Scharlin's Parcel, in accordance with plans~~nd
specificationR agreed upon by the parties hereto, retail and related servi~~ use
buildings and related parking and site facilities that are indicated on the site
plan attached as Schedule "C" (the "Site Plan"), which Site Plan may be amended as
set forth herein.
UD is the owner in fee of certain real property consisting of approximately
ten (10) acres (the "HD Parcel"), located contiguous to Scharlin's Parcel. The UD
Parcel is more particularly described in Schedule "B" annexed hereto. UO intends
to construct on the UO Parcel a building containing approximately 102,250 square
feet of ground floor area exclusive of mezzanine, a garden area and truck loading
docks, customer pickup and compactor facilities and related parking and site
facilities in the areas indicated on the Site Plan. Scharlin's Parcel and the HO
Parcel as more particularly described in the Site Plan and as same may be enlarged
from time to time are herein collectively referred to as the "Parcels" or the
"Center", and each individually as a "Parcel".
\ ,
Scharlin and HD recognize that for the most favorable development of the
Center, it is necessary that they agree and cooperate with respect to the
operation and maintenance of their Parcels and the common areas and facilities to
be erected thereon as indicated in the Site Plan (the "Common Areas"). Scharlin
and HD therefore intend herein to grant to each other certain reciprocal' easements
for pedestrian and vehicular ingress and egress and use over the common curb cuts,
roadways, driveways, aisles, retention areas, walkways and sidewalks for access
and for delivery and to grant certain rights to install and maintain utility
lines, drainage and site facilities within the Common Areas. Scharlin and HO also
intend herein to provide for certain obligations and restrictions with respect to
the operation and maintenance of their respective Parcels and the Common Areas and
facilities constructed and to be constructed thereon. Such easements, obligations
and restrictions shall run to the benefit of, and bind the respective Parcels, and
the owners from time to time of the Center or any portion thereof. The terms HO
or Scharlin shall be deemed to refer to such parties and the respective heirs~
successors, grantees and assigns of such parties as the owners of said Parcels,
and any net lessee of any Parcel or part thereof who has assumed all of the
obligations of the owning party (individually the "0wner", or collectively, the
"Owners") .
..
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, Scharlin and AD hereby grant, covenant and agree"as follows:
ARTICLE I - GRANT OF EASEMENTS
Section 1.01. Access Easements.
(a) The Owners of the 110 Parcel and Scharlin's Parcel hereby grant and
convey, each to the other~ for the benefit of the HD Parcel and Scharlin's Parcel,
a non-exclusive easement and right to the use during the term of this Agreement of
the Common Areas and the common curb cuts, roadways, driveways, aisles, w~lkways
and sidewalks located on the HD Parcel and the Scharlin's Parcel as indicated on
the Site Plan and located on the Parcel of the granting Owner, for purposes of
ingress, egress, passage and delivery, by vehicles and pedestrians.
~
(b) The Owners of the HD Parcel and Scharlin's Parcel hereby grant and
conv~y, each to the other, for the benefit of the HD Parcel and Scharlin's Parcel
a non-exclusive easement and right to the use during the term of this Agreement of
the parking areas from time to time maintained on the HD Parcel and Scharlin's
Parcel and located on the Parcel of the granting Owner, for purposes of vehicular
parking, Notwithstanding the foregoing easements, each Owner shall maintain on
its respective Parcel the parking ratio required pursuant to Section 3.0l(c)
hereof.
(c) The easements granted hereby and granted in Section 1.02 shall be for the
benefit of, but not restricted solely to, the Owners of the HD Parcel and
Scharlin's Parcel (except as otherwise specified in Section l.02(b)) and each such
Owner may grant the benefit of such easement to the tenants and other occupants of
the HD Parcel and Scharlin's Parcel (except as otherwise specified in Section
l.02(b)) for the duration of such occupancy, and to the customers, employees,
agents and business invitees thereof; but same is not intended nor shall it be
construed as creating any rights in or for the benefit of the general public nor
shall it affect any real property outside of the Center. Such easement areas are
reserved for said use for the term of this Agreement.
~ ,
IN WITNESS WHEREOF, the partics hereto have caused this Agreement to be
execu~ed as of the day and year first above written,
SCHARLIN:
Witness
By: (SEAL)
Howard R. Scharlin, Trustee
Witness
HD:
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Witness
STATE OF FLORIDA
COUNTY OF DADE
::~IE ~Z:~
La rence A, Smith, Esquire
Vice President - Legal
)
)
The foregoing instrument was acknowledged before me this
day of , 1990, by HOWARD R. SCHARLIN, Trustee.
\ "
Notary Public
My Commission Expires:
STATE OF GEORGIA
COUNTY OF COBB
)
)
The foregoing instrument was acknowledged before me this I:<Kday
of re.bfJJ~' 1990, by Lawrence A Smith, Vice President - Legal of HmlE
DEPOT,U,S.AI, INC" a Delaware corporation, on behalf of the corporation.
N~~ .
My Commission Expires:
Notary Public, Fulton County, Georgi;)
Mv CommiSSion EAplres Jan, 27. 1991
-14-
0234k
Flnal
I
SCHEDULE "A"
Scharlin's Parcel
That Parcel of Land situate in Section 29, Township 45 South, Range 43 East,
Palm Beach County, Florida, being more particularly described as follows:
Commencing at the said southeast corner of Section 29, Township 45 South,
Range 43 East, Palm Beach County, Florida, thence along the east line of said
Section 29 NOl034'16"\~, a distance of 730,84 feet to the Point of Beginning,
From the Point of Beginning; thence departing said section line S88025'44"W, a
distance of 50.00 feet; thence NOl034'16"\oJ, a distance of 2.95 feet; thence
S8905'O'25"W, a distance of 1~67,1~1 feet; thence SOoo09'35"E, a distance of
33,00 feet; thence 589050'25"\';, a distance of 519,24 feet to the beginning of
a non-tangent curve having a radius of l85t.74 feet, from which a radial line
bears 583021'09"\';; thence northwesterly aLong the arc of said curve,
subtending a central angle of 12033'46", a distance of 408.02 feet to the
beginning of a reverse curve having radius of 1438.28 feet, from which a
radial line bears N70047'23"F.; thence northwesterly along the arc of said
curve, subtending a central angle of 05057'04", a distance of 149,39 feet to a
non-tangent line; thence N37035'20"E, a distance of 46,53 feet; thence
N88028'13"E, a distance of 1125,37 feet; thence SOl034'18"E, a distance of
571.91 feet to the Point of Beginning,
The above described parcel contains 14.38 acres of land more or less,
~ I,
"
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0234k
Fin.'
SCHEDULE "A-I"
Scharlin's Parcel Continued
('[he Out~rcels)
That Parcel of Land situate in Section 29, Township 45 South, Rante 43 East,
Palm Beach County, Florida, being more particularly described as follows:
Commencing at the said southeast corner of Section 29, Township 45 South,
Range 43 East, Palm Beach County, Florida; thence along the south line of said
Section 29 588002'37"\01, a distance of 859,67 feet; thence departing said
section line and perpendicular to the preceding course NOl057'23"W, a distance
of 145.12 feet to the Point of Beginning, From the Point of Beginning; thence
87703'0'21"\0/, a distance of 61.51 feet; thence S85045'32"W, a distance of 57.t3
feet; thence N47054'OS"W, a distance of 57,S8 feet; thence NOt'"33'47"to/, a
distance of 395,S8 feet to the beginning of a curve having a radius of 1851,74
feet from which a radial line bears SS8026'13"W; thence northwesterly along
the arc of said curve, subtending a central angle of 04007'12", a distance of
133.15 feet to a non-tangent line; thence N89050'25"E, a distance of 177.54
feet; thence SOQo09'35"E, a distance of 550.35 feet to the Point of Beginning,
The above described parcel contains 2.13 acres of land more or less.
\ ,
0234k
,.1 n a 1
-16-
SCHEDULE "B"
The liD Parcel
That Parcel of Land situate in Section 29, Township 45 South, Range 43 East, Palm
Beach County, Florida, being more particularly described as follows:
Commencing at the Southeast corner of said Section 29, thence k10ng the East line
of said Section 29 North 0103/~'16" West, a distance of 189.66 feet; thence
departing said East line and perpendicular to the preceding course South 88025'44"
West, a distance of 100,00 feet to the Point of Beginning,
I
From the Point of Beginning; thence South 89050'25" West, a distance of 451,98
feet; thence South 77030'21" West, a distance of 324.66 feet; thence North
00009'35" West, a distance of 550.35 feet; thence South 89050'25" West, a distance
of 177,64 feet to the beginning of a non-tangent curve having a radius of 1851.74
feet, from which a radial line bears South 84019'01" West; thence Northwesterly
along the arc of said curve, subte.lding a central angle of 00057'52", a distance
of 31.17 feet to the beginning of a non-tangent line; thence North 89050'25" East,
a distance of 519.23 feet, thence North 00009'35" West, a distance of 33.00 feet;
thence North 89050'25" East, a distance of 467.41 feet; thence South 01034'16"
East, a distance of 292,95 feet; thence South 88025'44" West, a distance of 50,00
feet; thence South 01034'16" East, a distance of 250.98 feet to the Point of
Beginning.
, "
-17-
021<lk
Final
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