APPLICATION
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PROJECT NAME: ABC FINE WINE & SPIRITS
LOCATION: NE corner of Winchester Park Blvd & Boynton Beach Blvd.
COMPUTER ID: ABC Fine Wine\ZNCV
PERMIT #: 98-3855
I FILE NO.: ZNCV 98-014 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER/APPLICANT: ABC Liquor, Inc.
Unruh, Smith and Associates PHONE: 407-851-0000
PHONE: 835-8505 FAX:
FAX: 655-5525 ADDRESS: 8989 S. Orange Ave.
ADDRESS: 105 S. Narcissus Ave., Ste 503 Orlando, FL 32824
WPB, FL 33401
Date of submittal/Projected meetin~ dates:
SUBMITTAL / RESUBMITT AL 9/8/98
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE: P&D: 10/13/98
Out to City Atty: 9/23/98
City Clerk/Fax: 9/25/98
AdvertiseIMail: 9/28/98
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE:
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 10/13/98
MEETING:
CITY COMMISSION MEETING: 10/21/98
COMMENTS:
S:\FORMS\PROJECT TRACKING INFO
'BO~NTON BEACH DEV SLDG €i 5613756357
. ~PPLlCATION ACCEPTANCE DATE: ~~/tltf
FEE PAID: ~tjtJo,--
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09/09 -, 16:28 lSl :02/06 NO:858
RECEIVED BY STA~F MEMBER:~~~
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RECEIPT NUMBER:43~..- ~ /~3..s~
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
PI..8. Print (In Ink) or Type
Submittal Date:
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved ;s described as follows:
Lot(s)
0010
Block
003
I Subdivision
01
Plat Book
5
Page 73
or otherwise described as follows:
Property Address northeast corner of Boynton Bch Blvd. and liinchester
\ Park Blvd.
Variance requested Minimum distance from an int~rs~ction
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two u~~led survevs by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
0, Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site \
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two ,ItG plans properly dimensioned and to scale showing:
~.~YNTON BEACH DEV BLDG
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09/091.98 16:28 B :03/06 NO:858
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Page 2 . .,
zoning Code Vanance Application
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures.
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks. turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as labels or addressed envelopes and postage (1'1 class--
stamps or payment for required postage).
4. Proof of ownership of property by petltioner(s), such as deed or purchase contract agreement.
If an agent I~ $ubmlttinQ tho 138titlon. a notarizad CODY of a letter Qe.i~natlng him as
such must accompany the Detltlon.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
~
A. That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requeste<.l wiU not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
D. That litera! interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
6. An application fee in the amount of $400.00 plus postage. payable to the City of Boynton
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
T
EO-;IlTO:i E=;"C~ D:::V SLOG
~ 5613756357
09/09/r;- 16:23 B :04/06 NO:c):
Page 3 . "
Zoning Code Vanance Application
7. Name and address of owner: Amoco Oil Co. 200 E. Randolph DL Chiccg~
II 60501
8. Name of applicant: n[).ruh,~mit:h and Associates
Applicant's address:
03te:
105 S. Narcissus Ave. St. 501
(-'\
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835-8505 .,
Signature of..' apPli.G~nt: \ ~ ,
Api)licant's phoTle #;
LO BE COMPLETED BY PLANN1NG AND ZONING
1.
Property is pres'2ntiy zoned:
formerly zoned:
2. Property Control Number:
3. Deniall,l/as m2de upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
L'r. Nature of e~<ception or vari8ilce required
5.
CaS9 rJu'lloer:
rM:eting Date:
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. B9YNTON BEACH DEV SLDG
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Page 4
Zoning Code Variance Application
TO BE FIIJ,.ED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
80YNTON BEACH DEV BLOG
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Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE BEST OF MY KNOWlEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORReCT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S "ROPERTY.
~
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING coDe VARIANCE
All application. received by the City of Boynton Beach after August 1, 1985 shan be
accompanied by malflng labels with the names and addresses of all property own.... wtthln
four hundred (400) feet of the .ubject property. Applications will not be accepted without
these maUlng label..
CONTACT -
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN: MAPPING DIVISION
301 North Olive Avenue
W..t Palm Beach, Florida
(561) 358.3881
.:\IlLAHNlNO\IHAJ\IO\WP\FORMS~S\ZNCV\ZNCV..lPP
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SEP-23-98 WED 02: 10 PM UNRUH. .SM ITH&ASSOC I ATES FAX NO. 5611555525
p, 01
UJIru11, smith & Associates 105 South Narcissus Avenue Suite 503, West Palm Beach, FL 33401
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Da.te:
Nmubcr of pages including cover sbeet:
FAX
To:
From:
MIKE RUMPF
Pl~ANNING OEP1'.
CHRTS KERR
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I~ Smith and Associaatcs
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Fax I)honc:
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Phone:
(561) 835-8505
($G1) 655-5525
Pa", phone;
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80YNTON BEACH DEV BLDG
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09/09'~~ 16:28 151 :06/06 NO:858
Page 5
Zoning Code Variance Application
Cf;RTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FI!:ET OF THE
APPLICANT'S PROPERTY.
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property own.... wtthln
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT -
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
W..t Palm Beach, Florida
(561) 356..3881
':~LANNI"Q\lHAR'D\WP\FOR.~PSIZNCWHC".APP
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SEP-23-9S WED 02:10 PM UNRU~'SMITH&ASSOCIATES FAX NO. 561]~55525
P. 01
Unruh, smith & Associates 105 South Narcissus Avenue Suite 503, W~st Palm Beach, FL 33401
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Date:
N\1111bcr of pages including cover sheet
FAX
To:
From:
MIKE RUMPF
PLANNING OEM'.
CHRIS KERR
Ullmh, Slnilh and Associaalcs
-.!'honcr
Fax )>horn:::
CC:
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Phone;
(561) 835-8505
(561) 655-5525
PrlX phone:
REMARKS:
o Urgent
[gI For your review 0 Reply ASAP
o Please comment
RE: VARIANCE APPLICATIONS
nus PACKAGE INCLUDES A CONrnACT SIGNED BY BRIAN DOSTER AS THE LEGAL REPRESENTA TTIVE FOR
AMOCO OIL CO.. IT SHOULO BE SUFFICIEN"r AS TIlE SIGNER OF TIlE CONSENT FORM.
I HA VB INCLUDED A SEP AERATE JUSTIFICATION SA TE:MENT FOR EACH VARIANCE, THIS SHOULD MAKE
REPLACING TI-IEM EASIER.
THANKS FOR YOUR HELP, CALL ME WITH ANY QUESTIONS.
THE INFORM A nON TRANSMITTED IS PRIV'LEGED AND CONFIDENTIAL IT IS SOLEL Y FOR THE REVIEW AND
UsE OF THE NAMED RECIPIENT. ANY OTHER REV,eW OR DISTRIBUTION OF THIS COMMUNrCATION IS
SEP-23-98 WED 02:11 PM UNRU~'SMITH&ASSOCIATES
FAX NO, 561~555525
p, 02
'==-11 =(1 =II~ "'-1"'1 UNRUH, SMITH & ,\)SOlli\TES
INlU~IJUi\.\ I W
. Public Poli'y :lIld Stmlegi, Planning
. l~nd LIse <\I\d Zoning Malters
. Lt:&iSbLive R(;gukll()~y Action
. C('lv~'l'IlmCl1t I<.cl~llkm~
.l'riv8li7~llion lsslI('s
September 23, 1998
Mike Rumpf, Acting Planning Director
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
RE; ABC Fine Wine R..d Spirits variance application for tile minimum distance
required from an intersection
Ourf1lc~2~0923 S.ck!
Dear Mr, Rumpf,
Per your conversation with Chris Kerr in my office. please accept this signed letter and its
enclosures as acceptance on behalf of our office to apply and pay for an additional
variance for the property located at Old Boynton Rd. and Winchester Park Blvd. The
additional variance is submitted based on your interpretation that the existing driveway is
non-conforming and that any development to the property will require a variance.
This variance was not included in our original application due to the fact that we did not
believe that a variance was necessary for an existing driveway whose location was
determined by FDOT.
We will deliver the $100.00 fee for the additional variance this week. Thank you for
notifying our office of the discrepancy a.nd accepting this letter, Please call me with any
questions or comments.
Ellen Smith, AICP
enclosures
105 Slllllll N:'J)'(:i~~us AWllue . Suite 50.3 . W<:.q P~IJ1llk~c:h. nor[(h1l~tJOI · 561-835-8505 · F~lx: 56! 655.5525
SEP-23-98 WED 02:12 PM UNRUP-SMITH&ASSOCIATES
FAX NO. 5816555525
P. 05
APPLICAnON FOR VARI-aNCE
ABC fine Wines and Spirits
Number of Parkin.g Stalls:
SectIon, SUbsection and PSl7Jgrilph number of specific requirement to whIch
variance Is requested and exact language contaIned in the Code:
A variance is requested from City of Boynton Beach Land Development Code
section H. 16.d.(12). This section requires that retaJl services not specifically
listed provide one (1) parking stall for each two-hundred (200) square feet of
gross floor area.
Nature of Variance Requested:
ABC Fine Wine and Spirits seeks to reduce the number of required spaces from
forty-five (45) to forty (40).
StCftement of Special Condit;ons, Hardships or other reasons Justifying the
Requested Van'ance.'
ABC Flne Wine and Spirits seeks to purchase from Amoco 011 company a .839
acre (36,717 square foot) lot in order to buiJd a one-story 9,000 square foot
retail store. No drive-through window is Included in this request. Retail liquor
stores are permitted uses in the C-3 zoning district.
The City's parking Code does not have a specific classification for a retail wine
and spirits store. Because of the unique nature of wine and spirit retail stores,
the general parking ratio required by City Code exceeds the needs of the store.
Based on experience of ABC stores across Florida, it is unlikely that more than
40 cars will ever be at this location at the same time.
The ratio of one (1) parking stall for each two-hundred (200) square feet of
gross floor area Is the same ratio as for grocery stores, where shoppers spend
far more time and turnover is less frequent.
Owing to special conditions of the characteristics of this particular use, a literal
enforcement of the generalized parking ratio contained in the CIty's code would
result in an unnecessary hardship not cre~ted by the applicant or his predecessor
in title.
Special conditions and circumstances exist which are peculiar to the physical or
topographical features of the land or structures within the City. The lot is small
SEP-23-9S WED 02: 13 PM UNRUl-LSMITH&ASSOCIATES
FAX NO, 561[555525
p, 06
and other contiguous land is not available as two roads, exist\ng development
and a canal ROW bound the site.
Although the lot is small it Is most appropriate for retail uses, The proposed
development is well below the City's maximum lot coverage. At the C-3 district's
permitted forty (40) percent lot coverage, a 14,686 sf building could be built;
however, the small size of the lot restricts the allowed uses that could be
developed. This is because of parking requirements for retail uses (except gas
sales, truck and boat sales) could not be met. The literal enforcement of the
Code would deprive the applicant of rights commonly enjoyed by other
properties in the vicinity. A corner, such as the intersection of Boynton Road and
Winchester Blvd. Is most appropriate for retail uses.
The special conditions and circumstances do not result from the action of the
applicant or his predecessor. The City's code does not address retail liquor
stores. Also, the lot has been In this configuration for a over decade, except for
a FOOT taking that reduced the lot's size.
The granting of the variance requested will not confer on the applicant any
special privilege that is denied to other lands or structures in the City. It is
appropriate to base parking requirements on the unique needs of uses.
The granting of the variance is the minimum that will make possible the
reasonable use of the land and structure. In order to meet the City's parking
code, the building must be reduced by one-thousand (1,000) feet to eight
thousand (8,000) feet. This would render the building too small for its intended
purpose. Included in the retail store is a storage area - which does not generate
parking-- and a small section for gourmet items. Typical new ABC stores are
approximately ten thousand (10,000) square feet. Proposed lot coverage is
twenty-five (25) percent compared with permitted lot coverage of forth (40)
percent.
The granting of the variance will be In harmony with the general Intent and
purpose of the Code and will not be injurious to the neighborhood or otherwise
detrimental to the publiC welfare. In fact, the granting of this variance is
consistent with the City and Region's inflll development goals.
SEP-23-98 WED 02:13 PM UNRUHLSMITH&ASSOCIATES
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FAX NO. 581a555525
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~E.NDUMJ:O CON'1JlA.CI
BUYER.:
SE.LI..BR:
ABC UQUORS, INC.
AMoCO on.. COMPANY
p, 07
This is im Addendum to m1d II. pm of the Contnct ~ the Buytrr ULd the Se1J<< for ~
pt'Ot)<<ty located ..t Winchmer Emd Boynton :Bach Blvd. in Dcyn~ Bu.c.h. Florld.4... ... SIl>l
, V ~
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I, CONTINGEl:fCrnS: It it undemood and. &~ that the Bu.Yet' intends to coMtn1ct ().
~,"', 5;~l!.. IO/{).jO Sa,,:T;
and opmue a paeJa.ee rtorJUpon tM ~~ preaUlIefS. Thie Contract is erxpreuly eonditianeod upcu
Blol)'Z' obtal~ aU neoclMl)' liCCl1K8, permits, zoning ~., ~t8CturIl ~ -wroval. and
engineering studies to eoable it to fill and comp~ the pond locat~ on the ~ and to cc:mfttuct
and opente l.l'~ 1Jto", from th~ .uhjcct prc:m.1tft. Suehlloen.~, ~t.a, zoning awrovalr,
~d entine-cring Jturl1l:l11 1h3.l! ine!ud.e, by way of oxam~le, but mall not ~ limited to: ~
bui1ding permiu. curb e'Ut:9, ava.iability of .~ and \V~et to the prop~ line; approval of the
Division of Aleoholic B~enges and Tob~ of the State of Florida to ~ a liquor licc:nJ~
, .
allowing &ale of liquor, beeT and wine for ~on offthA ~ses to the mbje= ~ IUhjeet
borin.p and t'DgincetiDg &tUdies showing the lend to be tuitAble for COtUtruct{tm of'Suyer'. mndard
building without !'Ubstmtial fill, grouWti or unusual fOund..ati011; an e!1viron:mcnt1l order sh.Mling .
tha.t th.etCl a:ren,'t =y tQ,QcJ c:xplolJlvo, hazard.o\z.s., ~lC'tUt1, contmnlnantt,. ehemieaJ:5, petro
chemicals 01' pollut~t rnbtUmces p~ent on the subject b:nd!; lID1 RpproVal t:Q fill and eompa.ei the
pond ~c:ntly located 01:1 the prcmillIU; said a;pproya1.IJ bJ be obtained on Ot' ~foro 180 d..ay1 from
the effective dAte of this Contract. In 'the event my ohuch licenses, permits, zcm.tng ~al5 r;nd
Im~g 5tudif7t are not obbUned by the Buyer 'Nitbi.n said tim~ then and in th.t evc!'t. ~ B~
sha11 have! the option of CBnetlling this Contract. Seller h~ a\.t~ auyer to 1CDCl:Cut(l em
l'
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SEP-23-98 WED 02:14 PM UNRUH-SMITH&ASSOCIATES
FAX NO. 5616555525
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Seller', behalf all ~ning appliearlcnu IUld reWed p~ \Yhich mAy b. nccwu:ry Of'delinLbll!l fur
the accomplishment oftnc ocmtingmcles hereit1 contained. SeUtt ~ tx'J tign ~on lett<<s
and to o1h~e coop<<"ate with Buyer in applying for ~ Ucm.se:s e.nd pc!l'n.)n. In the evt::nt li.\c:.h
itppn)V1I1s IU'C unavailable within aald porlod. thc:n. at Buyer's optlon by givi:n.g ~ ~tioc to
SeUer prior to the expirad on of uid peri 00, thiJ Agree2:r3ent may M, (i) declared nu1J ~ void I:nd
the ea.meft ~ney depo..ited will b<: rcfixnded to Buyer,~. (iJ) ed=ded tor two (2) e.dditionaJ.
period! ofthitty (30) d.ays el.c.h by ~ Si~8 proper notice to Seller prior to the expiratiQn elf
uch cxtmuiOtl period. :Each notice by Buym' to Seller tn ~ Cloaing &h.a11 be &eClJmpAnied with
paymetrt 0
or ~ f1Xtention. which Will be appUod to the purc:1we price at Closing.
In the event tho approvals arc unavailAble during the ~on periods. Buyer may waive !hi.
c;cm~eney and ~ immediatol)' to C1o~ng or; this ~et1t 'Will bel null and void and the
Nm6.tt monc:y dep<)s.ited '\Vill be refunded to 'Buyer.
. ~~." r"" 110. .I.... .tr.y ..-" ... ~. J:IOo.f. ~ l eP
m.! -'<<~ Buyer aha11 pay the ~ of rewcordin.g tbt; Deed and
.1~ own attorney"s f~.
3. ~slfT~: 1M Duyer .hall have. the right to f1m2O, thi.ll Contract to any te1ated
pltrty. A "related puty~ 'Within the m=anina ottbis proviIion is intended to iad\ldc any members
of the ftanllies who ftt'Q the ~ciarles orthe txust which bold! me .rtoek in ABC UQUORS, INC.,
tny QIltity con~l1ed. by suc.h pmOnl, and my Qutlifiod Inb::nnediary U!<<l to effef:tUate I taX free
Q:eh.m2e on behalf' of ~y of the .for1l~J.
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totlnOO!:2l
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~i:st te)oe)t~
SEP-23-98 WED 02:14 PM UNRUrLSMITH&ASSOCIATES
FAX NO, 561li555525
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4. .cLO~INCl: This ContrU't 1hall be cloled by IIl. alent of a title i.D.runnce COtDpIn}'
authomed to do btuinen in the St1te ofFlorlda and the etMinl!hal1 be held in the eotmty m which
thl!l 5Ubjoct hmd is locme:d OT some: other locatiOtl in Florida a.ceeptablt; to both tho auyc:t snd Soller.
s. ItXCF.PTIONS,.IO Trn.:B: NotwHhltU\ding tho martCft eomai.cod a.s a.ccept8ble
matters in the Special Wa:rrmty Deed listed on Pasc 1 ottbe pri.ft.tod Contt'act.;Buycr may object to
those matten ifthr;y are corrt1incd in tho tide com.m.itmc:o.tl and Paragraph No.3 on p&,iC 2 shAll
lII)ply,
6. D~O~JT~ 1he deposit etlled for heJU ,hall be held by ~ E. Bowie.. P.A.,
205 South Hoover Blvd.. Suite 402. TAm1'''' florid.- 33609.
S ELl ::EtA:
BUYEll:
A>>C LIQUORS, INC.
~~2
AMOCO OIL CO~ANY
~!YBY; fi;.2~ ----::-:_
BRlAN R. DOSTER
ATTORNEY -t~FACT
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This Instrument was prepared by
and should be returned to:
MICHAEL A. SCHROEDER, ESQ.
Schroeder and Larche, P.A.
One Boca Place, suite 319 Atrium
2255 Glades Road
Boca Raton, Florida 33431-7313
NOV-04-1992 08:3&3m 92-336903
ORB 7462 P9 600
Con 665,000.00 Doc 4,655.00
CLERK OF THE COURT - PB COUNTY, FL
PROPERTY CONTROL NO. 08 43 45 30 01 003 0010
WARRANTY DEED
This Indenture, made this ;).}, day of October, 1992
between WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a Florida
general partnership, Grantor, whose tax identification number is
59-2081484, and whose address is c/o Schroeder and Larche, P.A.,
suite 319A, 2255 Glades Road, Boca Raton, Florida and AMOCO OIL
COMPANY, a Maryland corporation, Grantee, whose tax
identification number is 36-2440313, and whose post office
address is c/o Dorothea J. Lidd, Esq., Mail Code 1406A, 200 East
Randolph Drive, Chicago, Illinois 60601.
Witnesseth that said Grantor, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable
considerations to said Grantor in hand paid by said Grantee, the
receipt whereof is hereby acknowledged, has granted, bargained
and sold and by these presents does hereby grant, bargain and
sell to the said Grantee, and Grantee's heirs and assigns
forever, the fOllowing described land, situate, lying and being
in Palm Beach County, Florida, hereinafter referred to as the
"Property") to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
BY REFERENCE
SUBJECT TO:
1.
Taxes for the year 1992 and subsequent years.
That certain Easement recorded in Official Records Book
4220, at Page 272, of the Public Records of Palm Beach
County, Florida, as clarified DY that certain Affidavit
from Bill R. WinChester, Elsie A. Winchester, William
A. Zeiher, Michael A. Schroeder and Leslie C.
schroeder, as General Partners of winchester,
WinChester, Zeiher ~nd Schroeder, P.A., recorded under
Clerk File Number V '1Z- '37(;.902/ , of even date
herewith.
2.
r
ORB 7462 P'.l 601
3. Easement in favor of Florida Power and Light Company
over the south ten (10) feet of the Property, pursuant
to an Order of Taking, dated October 6, 1980,. styled
Florida Power & Light Company vs. Leta M. Morningstar,
et al, Case No. 80-388-CA(L) 01, Circuit Court, Palm
Beach County, Florida
Reserving unto said Grantor, its successors and assigns, a
perpetual, exclusive utility easement, over, under" across
and through the easterly 6 feet of the Property for the
installation, maintenance, operation, replacement and repair
of utility facilities, equipment and reasonably necessary
appurtenances thereto, including but not limited to, pipes,
conduits, lines, poles and wires, together with the right,
after reasonable prior notice to Grantee, to enter upon the
Property . for the purpose of installing, operating,
maintaining, repairing and replacing utility installatior, 'i
within said easement area, provided that the surface of th~
Property shall, upon the completion of such work, be
restol:ed to substantially the same condition as existed
before the work in question was performed. Any party
exercising the easement rights crea.~~ hereby shall
indemnify and hold harmless Grantee, its successors and
assigns from any actual loss or damage sustained as a result
of the indemnifying parties negligent acts o~ wilful
misconduct in conjunction with same, it being understood,
however, that in no event shall this indemnity be deemed to
extend to or include special, punitive or consequential
damages.
ft'"
and said Grantor does hereby fully warrant the title to said
Property, and will defend the same against the lawful claims of
all persons whomsoever.
"Grantor" and "grantee" are used for singular or plural, as
context requires.
-2-
: ,;};
ORB 7462 Ps 602
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal the day and year first above written.
signed, sealed and delivered
in the presence of:
(Print name of witness)
,/~~~
l~ri~e~m:
Qriw' ~~&N~ItM~HE
. l....J";{. /.
~i't-~ ~.--ct./!~"'U\'~
.~_/ 'l'iln1nl' Rarbanos
(Print n~..
,.,-y-
JUDITH~~S
(Print name o~s
CPtlfi1:2~
~
(Print name of Witness "
r.J .L '\ ~t .
WINCHESTER, WINCHESTER, ZEIHER
AND SCHROEDER, a Florida
~~'2;:Ztk
BY: ~i:.L R. WINC:ESTER,
Individually and as General
Partner
c~ C2 rt.bu./zUZaJ
BY: ELSIE A. WINCHESTER,
Individually and as General
Partner
~~__~c=)
.-?: ~ (.. - =::-- {' ------
~: WILLI ~HER,
Individua11y and as General
P tner
Ilt(j;~ (}-1}; h /(J;t:(ll/ .
BY: LESLIE C. SCHROEDER,
Indivi'1ually
MICUAEL A. SCHROEDER AND
LELLIE C. SCHROEDER as Tenants
by the Entirety, as General
Partner
-3-
ORB 7462 P9
603
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me on
October, ~3 , 1992, by BILL R. WINCHESTER, both individually
and in his capacity as General Partner of Winchester, Winchester,
Zeiher and Schroeder, a Florida General partnership, who is
personally known to me.
Print, type or stamp
commissioned name of Notary
Public - state of Florida
My Commission Expires:
My Commission Number:
My Notary Seal:
.~;;;;:;,... OFFICI,'.L SEAL
/~.\ JUDITH LYNN JOCIS
i . ; Notary f'llbli~ St.l. of Florfde
, . ,;: I Comm;.sion No. CC 1250211
'.<~!..~...., EJcpi.... August 27. 1m
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me. on
October, ~~ , 1992, by ELSIE A. WINCHESTER, both individually
and in her capacity as General Partner of Winchester, winchester,
Zeiher and Schroeder, a Florida General partnership, who is
personally known to me.
~]oas
Print, type or stamp
commissioned name of Notary
Public - State of Florida
My Commission Expires:
My Commission Number:
My Notary Seal:
.,..;;;;:;,... OFFICI/.L SEAL
...~., "\ JUDITH LYNN JOCIS
I ' \ NOl8ry Public SI81e 01 Floltde
" .. ,;: J CommiSSion No. CC 12502l1
.,.:~.~:....., Expl~ August 27, 1 Ql)5
-4-
ORB 7462 P9
604
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on
October, ~, 1992, by WILLIAM A. ZEIHER, both individually and
in his capacity as General Partner of Winchester, WinChester,
Zeiher and Schroeder, a Florida General partnership, who is
personally known to me.
'~JOCIS
Print, type or stamp
commissioned name of Notary
Public - state of Florida
My Commission Expires:
My Commission Number:
My Notary Seal:
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
..:;;'::;;~" OFFICI,".I. SEAL
;' ~ \ JUDITH l YNN JOC.s
\ ; NO!dry Pt,t-!IC 510:' 01 flOrida
\~.It.:ll....~..1 ComO:is"on !-Io. CC 12.5021
........ Exp"", AuOU.'1 27. 1996
,
The foregoing instrument was acknowledged before me on
October, j" , 1992, by MICHAEL A. SCHROEDER AND LESLIE C.
SCHROEDER, both individually and in their capacity as General
Partner of Winchester, Winchester, Zeiher and Schroeder, a
Florida General partnership, who are personally known to me.
,/~~
Print, type or stamp
commissioned name of Notary
Public - State of Florida
My Commission Expires:
My Commission Number:
My Notary Seal:
(jj\frm\gre\wwzsamo.wd1\10/12/92)
....-;:;:;:;~.\ OFFICIAL SEAL
! ~ ) JUDITH LYNN JOCIS
1, .,., t Notdry Public SI6I" 01 Florida
'{'.. ,~/ Comml.,loo No. co 1250211
.,....... Expl,.." Augusl 27. lG95
-5-
,-..,-. -"--_._----~------_._,-------
~ ".
ORB 7462 P9 60S
EXHIBIT "A"
A parcel of land lying in section 30, Township 45 South,
Range 43 East, Palm Beach County, Florida, said parcel being
a portion of Tracts A & B, Block 3 of PALM BEACH FARMS
COMPANY PLAT NO. 8 of section 30, Township 45 South, Range
43 East, Plat Book 5, Page 73, of the Public Records of Palm
Beach County, Florida
SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Northeast corner of section 30, Township
45 South, Range 43 East; thence with a bearing of South
87'32'47" west, along the North line of Section 30, a
distance of 60.00 feet to a point on the West right-of-way
line of Congress Avenue; thence continue along the
aforementioned course extended a distance of 733,74 feet to
a point; thence with a bearing of South 01'18'43" East,
along a line lying 120.00 feet West of and parallel to the
East line of Tracts A & B, Block 3, of the above described
P18t of PALM BEACH FARMS COMPANY PLAT NO, 8, a distance of
25.00 feet to a point, said point being t~e point of
beginning; thence continue along the aforementioned parallel
line a distance of 191. 04 feet to a point on the North
right-of-way line of Boynton Beach Boulevard; thence qith a
bearing of South 87.32'47" West, along the North right-of-
way line of Boynton Beach Boulevard, a distance of 168.43
feet; thence North 46'52'58" West, a distance of 35,71 feet
to a point on the East right-of-way line of Winchester Park
Boulevard; thence with a bearing of North 01'18'43" West,
along the Easterly right-of-way line of Winchester Park
Boulevard, a distance of 165.54 feet to a point; thence with
a bearing of North 87'32'47" East, along a line lying 25.00
feet South of and parallel to the Nortn line of Section 30,
a distance of 193.94 feet more or less to the point of
Beginning
(jj\frm\gre\wwzsamo.leg)
RECORD VERIFIED
DALM BEACH COUNTY. FLA
CLERK CIRCUIT COURT
I
I
I '/
SEP. 8,1998 2:51PM
SEt:, -UI! ~5IrKI) 113:,)j ABC LI JR
SEP-04-98 FRI 12:40 PM UNRUH,SHfTH~ASSOCIATES
NO. 778 P.3/3
TEL: 4078! ..69
FAK NO, 5B16~~~~,~
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R.E: Co em for: Yllrinn~e..411DlicAti&" for tile CitY orBo~nton BeAC.h.
This form s wJlsCIVc as consent fer lJnftlh. Smith .. 6-$SodA~!I. Inc. 1.0 act as petitioner and. .gent, to
prElpare an aubmll all doCUmeBtatioA afFecthl' the subject property Qfthis petition as it relates to the
property under Gontract to purchase as de,ertbed in any ofthc rollowing applications.
(I) (We) u erstand thAt tills application and all planl and paper. submitted herewith become & part of the
permanent ecords at the Plannins and Zoninl Bonr~. (1) (We) hereby cenift that the above statements
and any Sl emcnts or showings in any paperll or plans lIubmitted herewith.are troe to the best oE(m,y) (our)
knowledge and belief. This applic:&tion will net be ac.cepted unless &ig.tled according to the instructions
below. ..
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AJ)DElSDU'1Y1 TO CONTRAC1:
BUYER.:
SELLER:
ABC LIQUORS, INC.
AMOCO O~ COMP Ah"i
ThiB is ~ AddClldum to and I!. part ofthc Con1n.ct between the Buyer and the Seller for the
property looated a.t Winchester and Boynton Bach Blvd. in Boynb:m B ~ Florida. S I to,
, <v~
Q."
1. r.ONTTNGENCIES: It it undentood and a~ that the Buyer intends to cOD.5trUCt
~/j..t. S,' ~ e. IOIOt'O SQ, ~T;
end operate a. package ~ tho subject premises. This Contract is erxpreuly conditioned upon
Buyw obtA;ni'llB aU nccc:asmy lic:eosal, permits. zoning approvals. ~~ review cpproval. and
engineering studies to enable it to fill and compact the pond located on the premi.se8 and to constrw;t
and ~ a pac.hge stoll' from the luhject premitet. Such licera~ pamita. zoning approvals,
and engineering studies Jhall include, by way of exmnple, but Ih~ not be limited to: %OIlin&
building permits. cU1b C1rt!. avaibbility of sewer and water to the property line: approval of the
Division of Alcoholic ~cvent.gel and Tob~ of the State of Florida. to traDJfer . liquor licenJe
allowing we of liquor, beer and wine for eon.sumption off the premises to the aubject 1mds; subject
borlni! tnd ~eering studies showing the land to be suitable fur cons1IUCtion of Buyer' I stmdml
building without substantial ~ groutini or unUIUal foundation; an cnviromncDtal order showing
tha.t there l1'fm't any toxic, explosive, ha:lardoua, petroleum. contmninants. ehemica.15, petro
chanicals O1'pollutant substances pment on the subject lsnd!; fIn epproval to fill and compact the
pond presently located on the pn:mise&; said approvah to be obtained on OT heron, 180 dayI from
the effective date of this Contract. In'the event my of such licenses, penniu, zoniIlg approvals and
engineering studies are not obtained by the Buyer within said time, then and in thAt evert. the Buyer
shall have the optio.n of cmccling this Contract. ~ller hereby auth.oriz.es Buy<< to executo on
t
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H:ot
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-
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~
Soller', behalf all roning applicmons and related PRPfIfJ which mAy be n~ or dttirable for
the accomplisbmc:nt ofthc contingeocies herein contained. Seller ~ to tign ~on kttera
and to otherwi1le cooperate with Buyer in applying for ~ licemes and pc:rmjts. In the event such
appruvah are unavailable within said period. then. at Buyer's option by giving proper notice to
Seller prior to the ~irat1on of laid ~od, thiJ Agreement may be, (i) declared null md void and
the earnest money dcp08ited will be refunded to Buyer,,pr. (ii) extonded far two (2) additional
period! of thirty (30) dzyl ~ach by Buyer giving proper notice to Seller prior to the expiration of
e.!Ch e:ttenJion period. Each notice by Buym- to Seller to extend. Oooing MAll be accompanied with
pa.yment 0
or each extension. which wiU be .pplied to the purchue price at Closing.
In the event the approvals are unavailable during the extc:n!i.on period!. Buyer mAY waive thil
contingency and proceed immediatoly to Closing or; this Aireement will be null and V()id and the
earnest money deposited will be refunded to "Buyer.
~:~:::.:::;~::=:=::::-XeP
its own attorncy's foes,
3. ASSIGNMENT: 1M ~ shall have the right to assign this Contract to any related
party. A '1'elated party" within the memins of this proviJion is mtcJ.dcd to include any mernben
of the famili~ who are the beneficiaries of the trUst which holds the stock in ABC LIQUORS, INC.,
any entity controlled by such per!ons, and any QuAlified Intamediary ~ed to effecmate It tax free
exchs:nze on behalf of any of the foregoing.
-2-
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4. CLOSING: This Contract shall be cloted by In qent ofa title insurance company
authortted to do busincn in the State ofPlorida and the closing shall be held in the COlmty in which
the subject laDd is located Ot' some other location in Florida a.coeptable to both the Buyer and SeUer.
S, EXCEP1'IONS TO TITLE: NotWithstanding the ma.tten oonuincd a.s acceptable
m8tten in the Special Wmmty Deed listed on Page 1 of the printed Contract"Buytt may object to
those matten if they are eonbined in the title commitment, and Paragraph No.3 on P&iC 2 8h.a11
apply,
6. DP.POSIT: The deposit called for herem ,hall be held by Marguet B. Bowles, P.A.,
205 South Hoover Blvd.. Suite 402. Tamp~ Florida 33609.
SEl:.T .rot:
BTJYER:
AMOCO OIL COMPANY
ABC UQUORS, INC.
~~2
~~BY: A.JDd.-:-
BRIAN R. DOSTER
ATTORNEY -tN-FACT
u:~~\r67J)Aec~~um b Connct.~ll3Ml
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~
PRE-APPLICATION TRACKING LOG
PRE-APPLICATION MEETING
Contact Date: 2/24/99
Meeting Date: 3/8/99 Time: 3:30 PM
PURPOSE OF APPLICATION: New Site Plan
ZONE: C 3
PROJECT NAME: ABC Fine Wines & S irit PERMIT NO: 98-3855
Attending Staff: Mike Rumpf, Bob Donovan, Ken Hall, & Ed Yates
Attending for Appli~ant: Michael Sexton, Pres.lSexton Engr. & John Schulte
Phone: 561 792-3122 Fax: 561 792-3168
Name of Owner: Tim Hardtman
Address:
Phone: Fax:
Name of Applicant/Contact: Michael Sexton / Sexton Engineering
Address: 1200 Corp. Center Way, Suite 102, Wellington, FL 33414
Phone: 561 792-3122 Fax: 561 792-3168
Project Address: 1531 W. Boynton Beach Blvd. & Winchester Rd.
PCN: 08-43-45-30-01-003-0010
Phone: Fax:
T e of A lication: NWSP
Type of Business: 9,000 sq. ft. Retail Store
Date Submittal Received:
Received:
I Date Denied:
COMMENTS:
J :\SHRDA T A \Development\PRE-APPLlCA nON TRACKING LOG FORM.doc