APPLICATION
MEMORANDUM
June 15, 1992
TO: Sue Kruse, City Clerk
FROM: Michael E. Haag, Zoning and Site Development Administrator
RE: Board of Adjustment Cases #168 a~
Accompanying this memorandum you will find a copy of the
applications and supporting documentation for the above
referenced requests. Checks in the amount of $275.00 to cover the
review and processing of these applications have been forwarded
to the Finance Department.
The legal advertisements for these requests will be forwarded to
your office after review by the City Attorney and City Manager.
E. Haag
XC: Project File
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NOTICE OF PUBLIC HEARING
NOTICZ IS HEREBY GIVEN that the following application has been made to
fhe BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the
variance as indicated, under and pursuant to the provisions of the Zoning
Code of said City:
Case #169
Owner:
Catalina Centre Development Corporation
\
Requested
Variance: Chapter 26 Section 21-26(b)-Increase the maximum number of
free standing signs allowed along Congress Ave. from one (1) to
three (3), increase the maximum allowed sign area of one hundred
sixty (160) square feet to one hundred sixty eight (168) square feet
and reduce the minimum setback of ten (10) feet to twelve (12)
inches for the two new signs.
\.
Proposed Use: McDonald's Restaurant with two new signs
Location:
Catalina Centre - McDonald's 1799 North Congress Ave.
Legal
Description:
Being a portion of Parcel "B", "Catalina Centre - Plat No.2", according
to the Plat thereof as recorded in Plat Book 56 at pages 43 and 44 of the
Public Records of Palm Beach County, Florida, lying in the Southeast 1/4
of Section 18, Township 45 South, Range 43 East, more fully described as
follows:
Commence at the Southeast corner of said Section 18; thence South 88056'
29" West along the South line of said Section 18 for 60.07 feet to a
point on the West right-of-way line of Congress Avenue as recorded in
Official Record Book 3560, pages 1115 through 1120, of the Public Records
of Palm Beach County, Florida; the following two (2) courses being along
said West right-of-~ay line also being the East line of said Parcel "B";
(1) thence North 01 44' 21" East for 371.20 feet to the Point of
Beginning of the gereinafter described parcel of land; (2) thence
continue North 01 44'21" East for 125.00 feet: the following two (2)
courses being along the Southerly line of Tract "A" of said Catalina
o
Centre - Plat Ng. 2; (1) thence North 43 15'39" West for 35636 feet; (2)
thence North 88 15'39" West for 87.00 feet; thence South 01 44'21" West
along a line parallel with and 112.00 feet West of said Westerly
right-of-way line of Congress Avenue for 150.00 feet; thence South 880
15'39" East along a line parallel with and 150.00 feet South of said
Southerly line of Tract "A" for 112.00 feet to the POINT OF BEGINNING.
Lying and being in the City of Boynton Beach, Palm Beach County, Florida
and containing 16,487 square feet or 0.3785 acres, more or less.
A PUBLIC HEARING will be held relative to the above application by the
BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach,
Florida, on Monday, July 13, 1992, at 7:00 P.M.
Notice of a requested variance is sent to property owners within 400 feet
of the applicant's property to give them a chance to voice their opinion
on the subject. Comments may be heard in person at the meeting or filed
in writing prior to hearing date. If further information is desired,
call 738-7408, City Clerk's Office.
All interested parties are notified to appear at said hearing in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Board of Adjustment with respect to any matter considered
at this meeting will need a record of the proceedings 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 BEAfiiE
SUZANNE M. KRUSE .l\. CEIVED
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
June 25 and July 2, 1992
JUN 24
PLANN./NG DEPT.
''t4,
/
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing 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 eight (8) working
days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and Zoning Department
PREPARED BY:
Mike Haag
DATE PREPARED: 6/12/92
BRIEF DESCRIPTION OF NOTICE OR AD:
#169
Board of Adjustment Case
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Legal Ad
SEND COPIES OF AD TO: property owners within 400' radius of
subject property and applicant
NEWSPAPER(S) TO PUBLISH:
DATE(S) TO BE PUBLISHED:
To be determined by City Clerk
To be determined by City Clerk
APPROVED BY:
(1) ~~
(Department Head)
clu,L9J.
(D tel
(2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
A:REQPUB.SDD
NOTICE OF PUBLIC HEARING
NOTICE. IS HEREBY GIVEN that the following application has been made to
the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the
variance as indicated, under and pursuant to the provisions of the Zoning
Code of said City:
Case #169
OWner:
Catalina Centre Development Corporation
Requested
Variance: Chapter 26 Section 21-26(b)-Increase the maximum number of
free standing signs allowed along Congress Ave. from one (1) to
three (3), increase the maximum allowed sign area of one hundred
sixty (160) square feet to one hundred sixty eight (168) square feet
and reduce the minimum setback of ten (10) feet to twelve (12)
inches for the two new signs.
Proposed Use:
Location:
Catalina Centre - McDonald's 1799 North Congress Ave.
Legal
Description:
Being a portion of Parcel "B", "Catalina Centre - Plat No.2", according
to the Plat thereof as recorded in Plat Book 56 at pages 43 and 44 of the
Public Records of Palm Beach County, Florida, lying in the Southeast 1/4
of Section 18, TownShip 45 South, Range 43 East, more fully described as
follows:
Commence at the Southeast corner of said Section 18~ thence South 88056'
29" West along the South line of said Section 18 for 60.07 feet to a
point on the West right-of-way line of Congress Avenue as recorded in
Official Record Book 3560, pages 1115 through 1120, of the Public Records
of Palm Beach County, Florida~ the following two (2) courses being along
said West right-of-~ay line also being the East line of said Parcel "B"~
(1) thence North 01 44' 21" East for 371.20 feet to the Point of
Beginning of the gereinafter described parcel of land; (2) thence
continue North 01 44'21" East for 125.00 feet: the following two (2)
courses being along the Southerly line of Tract "A" of said Catalina
o
Centre - Plat Ng. 2; (1) thence North 43 15'39" West for 35636 feet; (2)
thence North 88 15'39" West for 87.00 feet; thence South 01 44'21" West
along a line parallel with and 112.00 feet West of said Westerly 0
right-of-way line of Congress Avenue for 150.00 feet; thence South 88
15'39" East along a line parallel with and 150.00 feet South of said
Southerly line of Tract "A" for 112.00 feet to the POINT OF BEGINNING.
Lying and being in the City of Boynton Beach, Palm Beach County, Florida
and containing 16,487 square feet or 0.3785 acres, more or less.
A PUBLIC HEARING will be held relative to the above application by the
BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach,
Florida, on Monday, July 13, 1992, at 7:00 P.M.
Notice of a requested variance is sent to property owners within 400 feet
of the applicant's property to give them a chance to voice their opinion
on the subject. Comments may be heard in person at the meeting or filed
in writing prior to hearing date. If further information is desired,
call 738-7408, City Clerk's Office.
All interested parties are notified to appear at said hearing in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Board of Adjustment with respect to any matter considered
at this meeting will need a record of the proceedings 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:
A:CASE169.DOC
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Catalina Centre
BOYNTON -BEACH
May 4, 1992
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: McDonalds of Boynton Beach
To Whom It May Concern:
This letter is to authorize McDonald's Corporation to submit for a
variance for two (2) freestanding monument signs to be located on
its leased parcel at Catalina Centre in Boynton Beach, Florida.
Sin~~~r~
Thomas T. McMurrain
Vice President
REce'VED
JUt1 0 2 1992
Catalina Centre Development Corp.
1755 N, Conqress Ave, . Boynton Beach, Florida 33426. Phone (407) 738-4979. Fox (4nn r17-75Rn
(WaC{;oyn
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fJ'\EJJE[O/2mfnt ce!O't/2.
November 16, 1990
~010 '-cind,!! !B[tJd., f)j'[U1!j !BE-rIch, '.][ 3:3../-14
Phone. (40'l) 2'/6- 6089
Mr. Bill Q'Cu, ',}l
McDonald's Plaza
Oakbrook, IL 60521
RE: 1799 N. Congress Blvd
State Site 009-0795
Dear Mr. Q'Connel:
P10used be advised that we have recently reloc&ted our corporate
office and it's affiliates.
Any notice, request or demand Dermitted or required to be given by
tne terms and provisions of your Lease, or by any law or
governmental regulation, by T~nant to Landlord ~~all be in writing
and adc,('eSsi'c! to Lancnord at the following i;;lijdn~ss:
Catalina Centre Development Corp.
1755 N. Congr~~s Ave.
Poynton Beach, Florida 33426
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With a copy to:
RiChard H. Critchfield, Esquire
2499 Glades Rond
Suite 202
Boca Raton, Florida 33431
Additionally, we are requesting that you inform us of any
notification changes for your company.
As of January 1, 1991 a 11 rent checks are to be made out to
CaLulina Centre 'Development Corp. and mailed to the above address
or hand delivered to t.he Leasing office at 1759 N~ Congress Avenue.",
.' ' .." . .' ~ ". .' .. ~ . '. ~ . .. : " . . .' . .' ~' .
We have formed a new corporation" for the dealing of Catalina Gentre
and our new Federal '1.0. Number is 65-0225557.
I hope this information is sufficient, und please excuse the
previous misunderstanding. If you have any other Questions or
COlllmenL.S, pleaSe do not hesitate to call me at (407) 738-4979
Sincerely,
patricia A. Vann
Property Manager
cc: Thomas t-1cMurrain
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(708) 575-7049
TO WHOM IT MAY CONCERN
This letter will serve as an attorney opinion that Michael J. Sise,
Assistant Vice President of McDonald's Corporation, d/b/a McDonald's
Corporation, a Delaware Company is empowered under resolution of the Board of
Directors of the corporation to grant a power of attorney in connection with
any permit, zoning or land use application for the construction or remodeling
of any McDonald's ~estaurant.
Very truly yours,
McDONALD'S CORPORATION
~2/U/ /' /~~~-::";'
'?-rt' k//~ 0~l ~::-'/
William J. O'Connel .
Managing Attorney
Real Estate/Legal Department
this 4 day
, 1992.
;:.rv r-Iti:fic, Skte d ::lN~:b
CCJrii1;;s:tkm E"..;.-~.- S,cc< t , ~ 1 nnJ3
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80nded TJ.rv Troy fain. In: 'rance Inc.
4013J-16
POWEk OF ATTORNEY
If~ii
Know All Men by These Presents, that McDonald's Corporation d/b/a
McDonald's Corporation, a Delaware Company, a corporation duly organized under
the laws of the State of Delaware, and having its principal place of business
in the Village of Oak Brook, State of Illinois, does hereby make, constitute
and appoint Dan Nadler of Boca Raton, Florida, its true and lawful attorney,
for it, and ln its name, place and stead to represent McDONALD'S CORPORATION,
d/b/a McDonald's Corporation, a Delaware Company or McDonald's Restaurants of
Florida, Inc., in any permit, zoning or land use applica:ion of any type for
the construction or remodeling of any McDonald's Restaurant, including the
authority to sign applications and appear for McDonald's in public hearings or
meetings, giving and gr'anting to its attorney full power and authority to do
and perform all and every act and thing whatsoever, requisite, necessary and
proper to be done in the premises, as fully, to all intents and purposes, as
it might or could do, with full power of substitution and revocation, hereby
ratifying and confirming all that its attorney, or his substitute, shall
lawfully do, or cause to be done, by virtue here~i.
In Witness Whereof, McDonald's Corporation d/b/a McDonald's
Corporation, a Delaware Company has caused its corporate name to be subscribed
hereto by its Assistant Vice President this 7th day of January, 1992.
McDONALD'S CORPORATION d/b/a
McDonald's Corporation, a
Delaware Company
JltL€4dL(; ~\
Assistant Vice Presla~. . _, }
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Witnessed by:
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STATE OF ILLINOIS
COUNTY OF DuPAGE
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SS:
I, Carol Wakefield Bell, a Notary Public in and for the county and
state aforesaid, DO HEREBY CERTIFY that Michael J. Sise, Assistant Vice
President of McDonald's Corporation, d/b/a McDonald's Corporation, a Delaware
Company or McDonald's Restaurants of Florida, Inc., who is personally known to
me to be the same person whose name is subscribed to the foregoing instrument
appeared before me thi~ day in person and acknowledged t.hat she signed, sealed
and delivered the said instrument as her free and voluntary act.
Given under my notarial seal, this
7th day~f January, 1992.
I -1 1 J 'J ;' / ? '
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Notary Public
Carol Wakefield Bell
5540J-53
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My commission expires: December 14, 1993
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OqB69S.~ Ps 1669
Property Appraisers Parcel identification (Folio) Humber(s):
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Prepared by Will iam O'Connell
Return to:
Mary C. Allen
McDONALD'S CORPORATION
McDonald's Plaza
Oak Brook, Illinois 60521
BOYNTON BEACH, FLORIDA
1799 N. Congress Avenue
L!C: 009-0795 File #9151
SUPPLEMENT TO LEASE
This document dated July 17, 1991, is a Supplement to a Lease (the
"Lease") dated February 19, 1988, between WALBOYN DEVELOPMENT CORP. NOW KNOWN
AS CATALINA CENTRE DEVELOPMENT CORP. (Landlord), whose address is 1755 N.
Congress Ave., Boynton Beach, Florida 33426 and McDONALD'S RESTAURANTS OF
FLORIDA, INC., a Florida corporation (Tenant), whose address ;s McDonald's
Plaza, Oak Brook, Illinois 60521, for the premises described on Exhibit A.
Pursuant to the terms and conditions contained in the above Lease, this
Supplemental Agreement is executed to affirm the following facts:
1. The commencement date of the term of the Lease is May 13,
1988.
2. The commencement date of the rent is December 23, 1988.
3. The commencement date of Tenant's obligation to pay real
estate taxes is December 23, 1988.
4. The date upon which the original term of the Lease will ex-
pire is Oecember 23, 2008.
The Lease, as supplemented by this Agreement, is ratified and confirmed by
landlord and Tenant.
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, CATALINA CENTRE
LANDLORD: DEVELOPMENT CORP.
) T"Y1\~ V.~
Its:
WITNE~,S~
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WITNESS:
(Attach an Acknowledgment Certifi~ate and Exhihit A)
0667J-57
McDONALD'S
(ACKNOWliOGlo'EHT)
StATE OF ILLINOIS
COUNTY OF Dupage
ORB
6986 ,.:g 16 -,..-c
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(, , a Notary Publ ic in and for the county and
state aforesaid, 00 HEREBY CERTIFY that Michael J. Sise, Assistant
Vice-President of McDonald's Corporation, a Oelaware corporation, who is
personally known to me to be the same person whose name is subscribed to the
foregoing instrument as such Assistant Vice-President appeared before me this
day in person and acknowledged that he signed, sealed and delivered the said
instrument as his free and voluntary act as such Assistant Vice-President and
as the free and yoluntary act of said corporation for the uses and purposes
therein set forth.
55:
Given under my hand and notarial seal, this _____ day of
19_.
Notary Publ ic
My commission expires
(ACKNOWLEDGMENT - INDIVIDUAL)
STATE OF rIC~...,:l(':-
COUNTY OF ,(:...\,J)'\\. !::,;t(:(~S:
I, .llk'f'\ AIC~\.JIA.;'" . a Notary Public in and for the county and
state ~fore aid, 00 HEREBY' CERTIFY that 'YI1J.;'\7\", ,- \Y'lf It'" "VL\I n and
\ I \ I. / .',0, ( .:, '''-;- of U",r'i:' r l', . ."f:~ ( ..;..\/t-' I~/(,I.i)+ (i', 'Y who (i s)( are)
personally known to me to be the same person s) whose name(s) (is)(are)
subscribed to the foregoin9 instrument appeared before me this day in person
and acknowledged that ( he)(they) signed, sealed and delivered the said
instrument as (h )(their) free and voluntary act for the uses and purposes
therein set forth.
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Given under my hand and notarial seal, this 2~~~ day of
19i.LL.
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Notary Public
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My conni ss ion expires . nG. ~I '- '- , 1 -, J .
(ACKNOWLEDGMENT - CORPORATE)
STATE OF
COUNTY OF
55:
I. SteDhan;e Jo Plazonv . a Notary Public in and for the county and
state aforesaid, DO HEREBY CERTIFY that Michael J. 5ise , Assistant
Vice President of McDonald's Restaurants of Florida. Inc. . a(n)
Florida corporation, who is personally known to me to be
the person whose name is subscribed to the foregoing instrument as such
President, appeared before me this day in person and acknowledged that he
signed, sealed and delivered the said instrument as his free and voluntary act
as such President and as the free and voluntary act of said corporation for
the uses and purposes therein set forth.
Given under my hand and notarial seal, this 17th
19-!L.
My commission expires
12/14/93
McO.ACK-MJ5-01/90
1?OF; 1
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ae1ng a Dort 10n of P&1rcel "B", .CATALINA CENTRE · PLAT tI)
2t-' accord1ng to the Plat tnereof 4S recorded 1n Plat BOQk 56
~ Dc1geS 43 and 44 of tllQ Publ1c Records of Palm BeaCh
crounty, ;10r10a, lYlng 1n tile Southeast 1/4 of Sect10n 18,
'o"'1'nSll1P 4S Souttl, Range 43 East, more fully described as
o lows: . .
COI!lilenCe a t the Sou th~as t corner of sa1 d Sect 10n 18: thencr:
Soutn 88'-56'.29" \'!est along tne SoutH line of saia Sect10n
18 for 60.07 feet to c1 point on the west r1ght-of-vay line of
Conur'e~$ Avenue as recorded 10 OrrlC1dl Record BOOk 3560,
PAge 5 1115 tllrouon 1 120, of tlle PuD 11 c RecordS of pa 1 m Beac n
County, flor1da: the foll0w1ng t\':o (2) courses D1ng alonQ
sa 1a b'est r1ght-of-'l:c1y 1 ine also De1n the La t 11 e f saio .
Parcel "8",:- (1) thence Nortt\ 01'.~4t.2~. East lor 3 1,~O feet
to the Point of Beginning of the hereinafter. descr1bed parcel
of land' (2) thence cont1nue North 01'.441.21. (ast for
5125.00 feet: the follow1ng two (2) courses be1ng along the
outherly line of Tract -A" of said Catal1na Centre - Plat
rJo. 2; (1) thence North 43' -'5' -39-. ~es t for 35,36 feet ~ (2)
thence North 88'.15'-39" West tor 87 .00 fIJ.t: thence ~outn
01.-44'.21~ west along a 11ne parallel w1t and 112,00 teet
\,est of sa1d ~/esterly right-ot-way 11ne 0 Congress Avenue
for 150.00 feet: thence South 88'-1S'-39- ~ast along a line
oarallel with ana 150.00 feet South of sa1d 8uthfrlY line of
Tract "A" for //;1. Of) feet to tne POINT or B JNf4,flG.
Ly1ng and being 1n the C1ty of B<>-y.nton Beacn, Palm Be~ctl
County, rlor1aa and conta1n1ng 16,481 sQuare feet or 0.3185
acres, more or less. ..
TOtETHER WITH.
COMMON AREA EASEMENT: A non-exclusive easement to use all o! those portions
of the property described in Exhibit C (the .Shopping Center ) which may be
designated from time to ti.. IS common arels (including, but not limited to
parking areas, driveways, truckways, delivery passages, dtr~ckllo::~n:r:~8:~d
access' egress roads, walkways, foot bridges, landscape P an
publiC rest rooms).
UTILITY EASEMENT: A non-exclusive easement to use a portion of the Shopping
Center for the installation, maintenance and repair of sanitary sewer line.
STORM SEWER EASEMENT: A non-exclusive easement to connect to In~ use the
storm sewer l1ne and related facilities located in the Shopping enter.
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NOTICE 10 CONTRACTOK~
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"Failure to construct buildiN!S, t\)l'lslstent with
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