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REVIEW COMMENTS TO: Board of Adjustment Members FROM: City of Boynton Beach Staff CASE NO. & ADDRESS: Staff Site Analysis - Board of Adjustment /----~ CE-~-/.<- 1531 W. Boynton Beach Boulevard September 23, 1991 REFERENCE: MEETING DATE: CURRENT ZONING: C-3 DESCRIPTION OF PROPERTY: See attached OWNED BY: Winchester, Winchester, Zeiher & Schroeder, A Florida General Partnership TYPE OF VARIANCE: Minimum di$tance separation between service stations " -, t, FACTS: 1. This site is presently zoned G-3 and was formerly located in the County and zoned R-1. 2. C-3 zoning permits automotive service stations providing they comply with Section 11.L. of Appendix A-Zoning. 3. Appendix A-Zoning, Section 11.L.1. requires a m1n1mum of 1,000 feet between the site of the proposed service statiqn and an existing service station. Therefore, a variance would be required to construct a service station on the proposed site, located at the northeast corner of W. Boynton Beach Blvd. and Winchester Blvd., which is 546.1 feet west of the Shell gas station on the northwest corner of W. Boynton Beach Blvd. and N. Congress Ave. 4. The proposed site is also 106 feet from the U.S. Post Office that was addressed in the applicant's justification statement A (see attached drawing). . I bh Attachments/2 XC: City Manager City Attorney City Clerk City Planner Recording Secretary Members - Board of Adjustment A:FACTS159.DOC .... MEMORANDUM September 6, 1991 TO: PRE-VARIANCE BOARD MEMBERS: J. Scott Miller, City Manager James Cherof, City Attorney Chris Cutro, Planning Director Don Jaeger, Building & Zoning Director FROM: Al Newbold Deputy Building Official RE: PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT A pre-variance meeting is scheduled for Monday, September 16, 1991 at 10:00 A.M., in my office at the Building Department. This meeting is in conjunction with the Board of Adjustment meeting to be held on September 23, 1991. If you or a representative from your office cannot attend, please call me regarding your input. Thank you. Al AN: bh Attachments A:PREVAR.DOC / . .. EXHIBITIIAII LEGAL DESCRIPTION: .......a.......... . .. .. ,., .. I' A parcel of land lying In Section 30, Township 45 South, Range' 43 ~ast;":.Palm';, . Beach County, Florida. Said parcel being a portion of Tracts A and B: Blo~k'a of "PALM BEACH FAR~S COMPANY PLAT NO. a OF SECTION )0, TOWNSHIP 45 SOUTH, RANGE 43 EAST", according to the plat thereof as recorded In Plat Book 5, at Page 73, of the Public Records of Palm Beach County, Florida. Said land.belng more particularly described as folloHs: Commencing at the Northeast corner 'of Section 3D, Township 45 South, Range 43 East: Thence with a bearing of S. 87"32' 47"W., 'along the North line of said Section 30, a distance of 60.00 feet to'a point on the West Right-at-Way line at Congress Avenue; Thence continue along the aforementioned course extended a distance of 733.74 feet to a point; Thence Hith a bearing ot 5.01" 16'43"E., along a' line lying 120 teet West ot and paral lei with the East line of said Tracts A and B, Block'3, ot the above described Plat at "PALM BEACH FARMS COMPANY PLAT NO. ai, a distance of 25.00 feet to the Point of Beginning of Parcel of land hereinafter to be described: Thence continue along the afore- mentioned parallel line, a distance ot 191. 04 feet to a point of Intersection with the North Right-of-Way line of Boynton Beach Boulevard (now knoHn as New Boynton West Road - State Road No. 80-4): Thence with a bearing of S.a7'32'47"W., along the North Right-ot-Way I ine of Boynton Beach Boulevard, a distance of 168.43 feet: Thence with a bearing at N. 46"52'56"W.. a distance of 35.71 feet to a point of intersection with the East Right-at-Way I ine of Winchester Park Boulevard: Thence with a bearing of N.01'Ia'43"~I., along the Easterly Rlght-of- Way line of Wln~hester Park Boul~vard, a distance of 165.54 feet to a point; Thence with a bearing ot N.87"32'47"E., along a I ine lying 2~ 00 teet South of and pal'allel with the North line of said Section 3D, a distance of 193.94 feet to the Point of Beginning. Lying and being siiuated in Palm Beach County, Florida. ~ .. :J -- J ,- I .. . :...:-:.......;.::.. .... . '::.:/::::-:'::: ......... .... ............... . .......,..." .......'..... . . <:; .:~~:{~}::< .{::;':<:':};.;.: . ,.............. ;'.}/J::?: :::/:::::::::'.:~; ............ . .':.....: .............' .... "':. .:::::':', ............. ....: : ..::...~.:.>...... . .. ':..':-::'.':': . ...............:.. ':':;':',:::::::,'.:.': ,,';::::.f;:,r:~j':;[::; ............,... ..:-. ....::.;< ..... ..::.:.....:.::..., " ...........::..... " :.: ::~.: .:::': :-: .... ............. ..;............. ......... '. . .. . . . , '. '" . . . ." ...... :.... ................ ....... ..:... .....'.... ...." .. ." . . .., ....., : .::. ;. .....:. ":":::.':::':-:::;' .. : .: '.' ~.. ':... ... ...... ......... .. ....:.. :. '. .,........ '. ..;:'-.-:.::'.: . '. .', .... ......:.. . ..... .... '. ',. ~ " .. .:.. .'... LONG12E.SS' fiVE 1\ ( ~U1 It\ l.rJ :;:r-' GQ lTl ~- ~- -+- 0 ~ Ln ::r 0 -0 -c:'> - - L36 t}::) () 0 -c.. tTt i:, ~ a- ~ 0 ~ ?O 0- <..n cd v. ~ '::7 f, ~ fl\ tl1 ~ :t> f- ~ -6"' (") '!.. - :r- r ..... 0:; <.. 0- / NOR lit -- - ~';O ~~ C't\c> ~ -;-.. -t-~ ...J::.. _ \> l't) .G> ~' -::::.t> (.n reg ~-o -4-;'. c :t> VI ~ (1\ C Ci ~ \-- 10" t -\ I \ \ = f'.~ ~' . CITY OF BOYNTON BEACH . \ .-1 J 04) 6:& .!/,x '/ ~ --- ,'f /~~ o~. -H:J~~I ..,.c.." BOARD OF ADJUSTMENT APPLICATION .~ , i . f , 1 , j Submittal Deadline: Five (5) weeks before meeting date ~ Please print or type Submittal date: 8-5-91 ": The' undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment 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 d~scribed and in support thereof state(s): SEE ATTACHED Lot (s) EnmIDJ'f "A" Property involved is described as follows: , ~ ~ ~ ~ Block , Subdivision , Plat Book , . Page or otherwise described as follows: , '0/: c ~ ., -< . ' '.i'o i j ~ ~ ; .~ .1 y 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 reco~ded in the County Courthouse. 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. v'4. Proof of ownership of property purchase contract agreement. petition, a notarized copy of a accompany the petition. ""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 type): . by petitioner(s), such as deed or If an agent is submitting the letter designating him as such must A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applica1;>le to other lands, structures or buildings in the same zoning district; " , " :: ADJUSTMENT APPLICATION B. That the special conditions and circumstanc~s do not result from the actions of the applicant; _ C. That granting the variance requested will 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 literal 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 applic~nt; , 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. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. Wlnchester,Winchester,Zeiher and Schroeder, 7. Name and address of owner: A Florida General Partnership r~ao~~IR~~~ ~d,Sggege~~t6nE~~.33~~I Llncoln PI, Ste 301 8. Name of applicant: Hill W;nche5t~r Applicant's address: 9290 Nickels Blvd. Boynton Beach ~.?43" Applicant's phone #: 407-689-5522 ;f Date: ~"5 /9'1/ signature of Applicant: /;fff;/~::J.~. ----------- -----------------~---------------------~----------------~- To be completed by the Building Official or Representative 1. Property is presently zoned: C-3 Formerly zoned:" R-l (County Zoni 2. Property Control Number: 08-43-45-30-01-003-0010 3. Denial was made upoI1 existing "zon~ng or sign requirements (list sections [s] of Code "fr-.om whicn~'relief is required): .;;; Appendix A-Zoning, Section II.L.1. Service Stations With or Without " MaJor Repalrs 4. Nature of exception or variance required: Variance for minimum distance-separation between serv~~e~ations, Date: 8/9/91 Permit denied: ~~. B tling epartment 5. Case Number: 159 Meeting Date: September 23, 1991 ----------------------------------------------------------------------- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay StipUlations: Signed: Chai,rman -~ , .. .. Kilday & Associate. Landscape Architects/ Planners 1551 Forum Place Suite l00A West Palm Be~ch. Florjda 33401 (407) 689-5522 · Fax: (407) 689.2592 VARIANCE REQUEST JUSTIFICATION STATEMENT A. Til.~_?pecial conditiqns and circumsta!~c~.exist whic'l._are P~<;;~Li_~~_to-.!:he lanQ., structur~__'1r bui Iding involve.!!...~nd !'nich are not appl icable to oth~r lands,. stJ::~!.S_~~_~~ Q!-!LLQ).~.lB~._i_~...!:_t!~~,~.I!!~__~2.!.1_~_!H_~t. r i c.~_ The petitioner is requesting a variance of Section ll.L.l. of the Zonin~ Code which would allow the construction of a service station with less than 1.000 foot separation from its nearest ser~ice station as well as the public post office located on the south side of Boynton Ueach Boulevard. Special conditions and circumstances are "peculiar to this land due to the contiRuration at adjacent roadways in this area as the result of the approval of the Boynton Beach Mall in 1914. At that time, appropriate access needed to be devetoped to a regional mall. In order to accommodate such access new roads, includin~ Winchester Boulevard, were constructed. The location of Winchester Boulevard in relationship to Congress Avenue was set by adequate separation required for signalized interse~tions. This location of Winchester Houl~vard resulted in the creation of a small parcel of land bounded by the newly breated road to the mal J on west. Boynton Beach Boulevard on the south, existing Lake Worth Drainage District Canal on the north and an exi~tin~ City of Boynton Beach utility lift station on the west. In essence, this small property became an island wi.th a I imi ted number at uses. Because of the I imitat.i.ons created by the size of the site, the petitioner has needed to look at the best possible uses for the property. In this case, a service station was a natural user which required a minimal amount of area while allowinR for adequate circulation on the site. How('!ve r, because 0 t the prey i DUS I y doscr i bed d is tance SE!paration requirements between Winchester Boulevard and Congress Avenue, the newly created property was located wit~lin 1,000 feet of the intersection of Congress Avenue and Boynton Heach Boulevard which had three oxi9ting service station facilities. These stations have been allowed to remain open and in some caseli reconstruct without any application of the 1,000 foot requirement as they predate this requirement of the City. NeverthelHss, these Variance Reque~t Pap,e 2. -properties are located within the same zoning (jistrict and are permitted to operate without meeting this specific Code requ i remen't. Additionally, due to the development of the regional mal I area, the post office chose this area as an appropriate location for the siting of a public buildin~. This property is located on the south side of Boynton Beach Boulevard and is separated accesswise by an existing median in the new six lane arterial. The placement of a service station at Winchester Bouleva~d and Boynton Heact. Boulevard would have no ei'fect on either the safety or the traffic operations of the post oftice facility. B . I.b2J:... ...t J:~ .n~~~L~J..__9.Q.~.~. L~1.9 J:l3?__!'l n _c!.._~i.!:~I!l_~ tan r: ~_!:?~9__.DQ.t_-1.~ ~ s .!-.J.Lt. Lr:.Q!!, "..~!)_~... .,.i ,q.!:-tQ,Tl.~-!.~L_~.~.~.~P~JE_~.!l!:.:.. 'As previouslY stated. the approval of the mall facllity created t.he requirement for a suitable road network to service the mal I thereby creating this small corner parcel. Previously, this parcel would not have been a corrHH' parGHI but -merely one of a variety of commercial properties fronting on Boynton Hl:.~ach Boulevard. C. IJ.'a t __gE,~~.~ t i.!1Ji..!:..~~_y._~J:l_~nC;~__!.~9.!J(~~!:.~sL wi .LL-no t~.9._~!1..~!:....9....!'_~~!~ ~Ep.L~~~,EISh_. . .<:~ T),Y_.._..!i.P..~~.~.La I_...p .~~.!.Y...~..!..~.tl~__.UI.~~_L___.L~........~~.1].! e Q._hY__.-1t~.L!..i.. o '= ~j n ~.Qc:;.'~h__' .~:Q__Q ~J~_~.L__-.!..~.!!S:I_~.LJ1...t.J_U_Qj..D...!t~_.Q..~__._~!:.r.l}_9 t. l.I_~~ ~__.J._1]_-1 t~ !'!E....'!!~..__~ ,~!:'. !.!! gh..QJ3.,!:I.A~.!:..:_ As previously stated, three service stations currently are located within 1.000 feet of the applicant and within 1,000 feet of each other. At least. one of these stations.(a. Mobi I Station at the southE~ast corner) was allowed 'La reconstruct in recent years despite the tact that it was already located Within the 1,000 foot distance of' the two other serviee statioTls. D. T!1 a ..t.._ .J...!J', ex a 1,._..__i..~_!..~.!:.PJ e t~J::LQ.!:!,_~'J:.,. _,..t h ~____p.r.. 0 ~_t~_L~l.I}?_.,_._ 0, L~.h .L~ ~t!.~ .!:~f__h .",,~?.Y. L~_._9~.Ef.,~ ~__!.!:t~__~..p.E..l_i~:~.!:!~~_.__2.L__~_!-.ltDJ~~~ ~:9!1\~'!. 0 I!.!..Y. e_nj!.!_y'.nd__,..~~"y_._o,.1;!'.~r._p_!'_2EgE..!: i e !;_.___iEI_,_~.t.:!.~_____ S}:l~!t~_,,?:.~_i..!'.t'L- ,~J~t r ,!.~: t LJ.n9!-~ r, .,~,_~__.___t_~..!:-'!l_~_...Qf_.. t t!.e _l:! I' d l!.~f:l!! 9_e__.~.,~.9._~..9._I,!.!.!!._~_9J-':~__':!~'-!J~(~~~_~j!LY a~)9__~1.nC!.~.J.g_ hClyd s t]J_l!..__on~he _~.ppL!S?~~I.:....:!- \ A literal interpretation of the zoninK ordinance the right of this applicant to construct a service station on this site despite the fact that the use is a purmitted use within the C3 Zoninp, District. As previously stated, the location of Wi nch("s Le I' Bou I evard in re 1 a. t i on to Congress Avenue and ;':', Variance Request Page a. , the creation of this property was the result 'the other applicants. This property is signalized intersection at a main entrance ma II. A' USf! such ,as a service station appropriate and proper use at such a location. of actions at 10cal.F!d at a to a re~ional would be an Furthermore, the applicant would suffer a hardship in its ability to find an appropriate use for such a smal I parcel of property. As previously stated, the existinR configurat.ion of canals. ri~hts-ot-ways and utlllty uses prevents this property from expanding to a larger site. Therefore. only a certain number of uses can approprlately be IOGatf'Jd on the property. A service stat.ion clearly is one ot t.hnse uses. E . TJ~ ~-LJJ~.~_, '! a r i ~.!!.!~ e... .~~!'..l:.~,~L.i s _..!:..t!.~,___I~!.~_!:1J...IIl_~':'!-Y.!-.l I' i ~!' c e J..!!a t.:__~LLl ~a k~_..Eq~ !1.Ll?.!..~}....J".JlP",-,TJ:!a~!:!!lab I 'E._._~se.._.__.Q}_1::.!)_p=--ll!!~.g..L_____~t~_U~ (!!lL..Q!:' 5 t r uc: t U I" (~ . -. ---- ~-._-~ -_._~ .-- The variance requested is the minimum variance required. Needless La say. the location of this property in relation to the other uses is the result of the actions described abovt! 1n the desl~1nlng of the regional mall. There is no action t.hat the applicant can take to reduce the variance further. F. Th~J:._J;.he._.g r:..s,!!..t..i,!).g._Q.!. ,.t, 11.~.. _~.~.f_i a.!l~_e__~lJ..l-~~.:-l!l--.b.~..!'_~!lonY_.._"!..L!:.h .!:-_!)l?_!ten~_!:?_.I.__i..flt.~_,=,_L.Cl.fld_.p.t.J r p~") s,~.__q_(.....!:.!.~.~~_~_!)~ t e ~_~nd -.!J:'_a_~~~u c h '?Cl r_L'.lDe_(~ .__~!.!J..___!lq_Jl.~__.._! II j ,l~ll"_~.t:l_I}.~__., _..t.g_._.....!.~~~.I:_ea.-2~Y..() ty~~,'L-Q.!: o t.!!t;:~.~w...!..~}o_cje t r::l..!nfHl t:.._~'=--g___t.t~(3.__pl!.l?I__!_9.._~~.J. f a!,_~ The pr6posal of the appl lc~nt w11 I be of general benefit to the publ ic health. safety and welfare. The proposed site plan ,"(!et~i 01' exceeds all crit~Jri.a listed within the zoning ordinance with the excepLion of the separation rp.quireDl(~nt. Th(-) property is loeat.ed at a. signalized int.cl"section wh:ich has bCH]n f u I I y deve loped to prov i de adequa le turn i ng movements thr()ul~h the inU~r!;ection and to and tram the propHrty. The site is located alonH a rOllle which serves as lhe (~ntra,nCH to a rewional mall. '"lost times, r,asol ine sal,;)!; acel! I" by peop I e a I ready on rou Le to a. des L i na t ion. The tHier o t I. his ~i i L C! wan t s the sit e bee a w:; e 0 r I L s rei a t. ion s hip lo UH~ mall and lhe (.~xpectancy that the site can provide gasoline salc.)s Lo the travelling public as they appl'oaeh ur 1 f~ a v (! t. h H In a I I a J" ea. Wh I 1(0) within it is raeov,nized 1.000 feet of that there are othor service stations this proposed station, it should be ; j '. \ ~. , ~ ';' r~ 1\ i I. Va 1'1 a1lce 1~P.'lIJ(~S t Page 4. noted that the current Gont'igura1.ion ot serviel'! stations require people desiring to buy gas to travel to one at the busIest intel'!;ection~; in Palm Beach County. l;url'entlv, tlll~ next closesl service stations are located In the vicinity of Military T~ai.l and Boynt.on Beach Boull-Jvard. By allowln~ a service stat.Jon to be located away from the intersectioll of COll~ress Avenue and Boynton Beach Boulevard an alternative wi I I bl~ prov i ded whereby the trav!:! Iii ng pub lie does not need to ~o through this very husy intersection for the purpose of blJyillg ~~as. In uther words, residents who live lo tht~ Wf~5t of COlIgross ^venue can buy gas at. this int.ersecti.on at Winchester Boulevard. travel to the mall. and leave the mal I to r(~turn to UH:~ west wi thout ever havtnl!, tu pa5~; throup,1l the Congress J\vlHlue/Bnynlon Baaeh Boulev~rd Inter!-;BctIOIl. Any rr-1(luctlon 11\ tratl'ie as a result of the locatIon 01' this serVlel'! stal.ion to the west of lhe Boynton l1each Boulevard/Congress Avenue tntersection should be viewed <is a plus. .Convnrsely, there appeI'H'S to be no adverse j,lIIpact to the public. 1\5 previously stated, the property is surrounded by c()ml1l(~rCldl ;'Hld/Ol' non-resident.ia,l uses on all sl.des. Tile site WI I I have no Impact un any sllrrounding residential neip,~b()rhood. The property is locat8d in an area t.hat has been desil~nated for lnt.en~ilve retail development within t.he City's Comprehensive Plan. Approval of this proposal WIll have no etfeet on any ot.tWI' fut.ure request. This ~>ite has demonstra'ted that. it. is un i que due to the prev i. OilS P I ann j ng deci s ions lIladn in the d (~ vel 0 p i\I e n t 0 far f::! l!, 1 0 n a Ide t. 1 V i t y c e n t era t t hI-::! Boy n t. 0 n 11all. ut.her siLl~s do not. contain t.tll~ sallie SHt of c i r c: l.J m!i t. a n C 8 S . The l' e t 0 [' C! . 1 lIS nd t; t hat a p pro v i:l lot t h i. s reqllr-~st. lS warranted and t,HH\C~t.lcial to the putdlC health. satety and W'(-) I tare. \ "..' \ 3%1' \ ~Z.7' \ ~'Z."7' \ <12."1 . \ '32'1' \. 32.7' - '3z? '3Z7 ~.z7 32'7 ~' $ZT : . , - AR - . - d ~ it, ~&, 4&; 42 -... T ~ ia :i ~ 01 ~ .,. \ 327 327 3'1 , 41 40 " ;t 41 ~o8' ~ 1 3'2.6' I~R 308' SE A'\r \~ 4~ /...~' ... .. !:!. tl\ ~ ~'Z.e' ~ f\ 22&' ~ ~ ,A.1' .. vr,,"'1 ~ f ,_, -' ~. ." . ~ ..*' i"~"i "','~ fOJO+' ". .-"". ~.., , 50. ~f" ~~ j.p,ryl~/'I.;'~t ~ 44 ...~0l<:...' .ii \ I' .",d/CO ~. l; :'~:~O~ \>'0"" cO:' " '~~ 1 . ' ,,\10. IP ,':..,,~ '. ;'~~~. , ,'t ~ ' ,~..r.1 I"~ "K~,I " .... '" c.... .""" .... .. .....>e. >>' .... .~ ~J .., -=-= . ~ .. .", . \\}o '~'T.6~"." . .... ':.&1 -h:I 1 ., 4;'';, d'~,;;'R~~J\~' JI"'~':, A~:,~~rW'/'~'~~ m~' 6\-~ )j....::r0.A/ ~1~~~2'D ~:_~~I-Kd~ 1'" ." '" =n""N 1\ \'" . ' ~,....., . '" ~ ~. ~ l~ :t\l. ," l:!: V\~ . ""^.:(() .; . -tr..k; . j,- ./f":\....- ~T, "" ,,~. 'i~ ' ., ,t . \, ~ c5 ~ t<i1 ~ !.> J"", V . ' ...... ,,"" S11 't!1'... -":\- I ~> l .f" ,. ~ ' "" '.. . , p . . . ,. ,."r ' .. i ~l ~ '\. J .~ ., ,,~-; ~4V-: ;;',. .. - ,~+".ON>'" d : l ;:b' \.e.; '~ j;,J>i",:iR' j ~~, ., \ .~ .~. r \ .' ~~ " ~" ~"~' .~ \@ "......;-6) ~ ''0' 4) I/'C,,--,ti;,, ,- ~\. ~'>' '-'~':"4 ,~';;.'.~:6:' :;3,.:.,' ~\- ..." J!. I'.. .... .. .. ,. '.' I..' i,i 5 ' . . ' IV v .' <Q!.: /' ~: / l-"'f!,-r ~ ~. .,; "I. .......,' ;;'of ;" .'FA;). ~ 5~ ~ .,. .", S1i ~ " ~\-0> ' ~ 71 ':.1'1>' U ~ ~~I :'''. L~I.\-I:'<"i"'. ~. i<2i '''.. .....~ ~ .,. . '-'., , ~ _ < ~ __ o::ll" 1\.. ~.,.....' ~'ili '~~" 43 \ ~ 5i.~ i "'i ,;! ^.~ ,',>'.. "0, (O\-~o-~ . ~;'., <:-'... C~ A .. ..." Y"" '0" I ,~. Y A II .. "" / I ~ A~ ". .. ....\. :-r '\ '" ..,' · ~'^ - " ' Ii- n' ,C ,"l'l}.J _.t". ,;. ~?~." ", q 'y I V ~_./., \11' t b' ~' ! 'ii"", '1 .. 1-.-1" " '. 'eJ,,"" -, - ": ~" 31 ) ~ :-".' , .~ ,. ........ J-n. L- ~I'" - ';!!l . " \ 0.1/,,13\', I ,,:.J' ~'L<#>,.. q.:' .. .,' 0' LA II t: "'-> ',' ....... \. " \ I ~;' ~ ~~~U.i:~ '.\ I, . ..1.'~~,~:::"" ~ -..:P' ,. \,3 t~ ~. ~==~ " \.' _..~^_\'U - 4<l ~ 51 L~1' ,2:. * rl TO: Board of Adjustment Members FROM: City of Boynton Beach Staff REFERENCE: Staff Site Analysis - Board of Adjustment CASE NO. & ADDRESS: #160 2107 S. E. 3rd Street MEETING DATE: September 23, 1991 CURRENT ZONING: R-3 DESCRIPTION OF PROPERTY: Lots 8-13, Sunny Oaks Addition OWNED BY: Donald Fisher TYPE OF VARIANCE: Front and rear setbacks FACTS: 1. This is a six lot site located in Sunny Oaks Addition. They were platted on February 4, 1948, for a total of 33,940 square feet or 0.78 acres. 2. This site is zoned R-3 and was formerly zoned R-3, Multiple-Family Dwelling District. . 3. The owner wishes to construct a multi-unit complex and has requested a variance from Appendix A-Zoning, Section 5.G.2.a., Building and Site Regulations, which requires a front and rear setback of 40 feet each. 4. The applicant would like to construct both buildings A and B with 25 foot front yard setbacks, requiring a variance of 15 feet, and building B with a 15 foot rear setback, requiring a 25 foot variance. Please see site plan at the meeting or on file in the City Clerk's office anytime before the meeting. bh XC: City Manager City Attorney City Clerk City Planner Recording Secretary Members - Board of Adjustment A:FACTS160.DOC CITY OF BOYNTON BEACH ~ ~ . 9 h '3 '>9-7:!a o.1t _ "1.> 7~. rJ. t17!J - -- ~/!)I 'II CU!-.~ -j/ 8'..)''/31 .' Submittal d~te: ;/fU4 2.. (~q I y . ( . . BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: Five (5) weeks be~ore meeting date Please print or tvpe= The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment to grant to petitioner(s) a special exception or variance to the eXisting Zoning or Sign Code of said city pertaining to .;!he property hereinafter described and in support thereof state(s): - Property involved is described as follows: Lot(s) ~ - - I "5 Block , Subdivision $lhflN y cAJ<~ A-ddlT;~AJ / 2- '1-- Plat Book , Page 10 or otherwise described as follows: Property Address _ 2107 S.E, 3rd Street The following documents are required to be submitted with this application to form a single package. 'Incomplete package will not be accepted: ~1. A sealed survey 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 :D. 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. A site plan properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the properly lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E, Use of adjacent properties inQluding 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 V 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. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant I s knowledge I said list is complete and accurate. / j 4, Proof of ownership of property purchase contract agreement. petition. a notarized COpy of a accompany the petition. by petitioner(s), such as deed or If an aqent is submittinq the letter desianatino him as such must v 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 type): 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 districtj . . BOARD OF ADJUSTMENT APPLICATION Page 2 B. That the special conditions and circumstances do not result from the actions of the applicant; C. That granting the variance requested will not confer on the applicant any special privilege that is denied by - ettis Ordinance to other lands, buildings or structures in the same zoning district; _ D. That literal 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 ml.nl.mum 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. Application fee in the amount of $275, payable to the City of aoynton Beach, must accompany this petition. t"d :8 S- -4 t re..c. ~ 'is<=; y ~ q 6760 t1/w ;L't 51 7. Name and address of owner: DCNALd r,5he-~,; 5"v"v...--;:-e- rL-. ?~3J3 / 8, Name of applicant: 00)/ j} &d F/ ')'h,e-r Applicant's address: b7bC') /f,/w ')-q 1"7: '7t./A/,.:~ r~~ 3 ~:7'{~ Applicant's phone #: (3"5') 7JfI- oc;r'i-J Date: ;4V1 '> 1"/'1'1 Signature of Applicant: V--~ p--~ ----------------------------------------------------------------------~ To be completed bv the Buildinq Official or Representative 1. Property is presently zoned: R-3 Formerly zoned: R-3 2. Property Control Number: 08-43-45-33-13-000-0080 3. Denial was made upon existing z.oning or sign requirements (list sections[s] of Code from which relief is required): Appendix A-Zoning, Sec. 5.G.2.a. 4. Nature of exception or variance required: Code requires front &.rear setbacks of 40 feet. Applicant wishes to have a 25 foot front setback' !O~. both buildings A & B and a 15 foot rear setback for building B, Therefore, a 15 foot variance is required for front setbacks & a . 25 foot variaDce required for rear setback of buildinE B. Date: 8/9/91 Permit denied: ~~~ ~.. ... 1"~-;i':i?'riePartm~ Case Number: 160 Meeting Dat~.: .1;19/91 "I, q>3h/ 5. -----------------------------------------------~----------------------- To be filled out bv Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay' Stipulations: Signed: Chairman """~, '.. '.i~ :.....::. ." STATEMENT: A. The property asj platted and zoned will not yield a reasonable building. Only one of the six lots can comply with single family zoning. B. The property was developed many years ago, when zoning regulations were more lenient. C. It is hoped that similar distressed sites in this zoning district would obtain the same relief a& is requested. D. Literal interpretation of zoning requirements will in effect prevent any building on the site forever. The setbacks simply will not allow'any one to develop the property. E. I believe the requested variances are-minimum dimensions necessary to provide a reasonable use of this land, F. These variances will allow construction that will be in harmony with the intent and purpose of the zoning code. The setbacks requested will not disturb or harm the neighborhood, or be detrimental to the public welfare. .' ~". ...".....;...., .,-- ~~t- v{J L\""t~,L;"v~"-~ I ~fYtAl'f2~I1J-tc~ 4- L'u / we -4cQ , .... . .' .. ' - " . , n AVE 28 \ ~ -...r S E 151h @) ~ o > ..J lD ~-!Y ' SUBDIVISION P,U Ti::AC.T \ ~T I OF SEe -1 ~ C3 C@ - I I OF WEST 3/4 ~ cEV 3.99AC. '. . @ ~ 12.40AC , f@ I 14-2.4 ~ OINT WEST Ii ~ SE 18th [...--... 14-1.4 A R2 \ (, - 4) - VIL)LAS .l..0,>rnr%rnrom' 1::-::' '':;'*;';; .. 32 ~ ~.~. /' '~~ _ _ ~~ ~ :":, 'H~PP ',J;;[El; ;:: · fitl a T;;;-,I i :j';I.odl~'" -'" ::"'1 iii' 3~) .),~ ;;;; I OP t...::J (J;;J r7r:"iJ~1ijil.riJ ,SE 20TH AVE ...." ,. .. .. .. "; .. .. .. ..,;0' ,0' ~ r;. J' :. ~ ~ ,~: ," ~, .~~i .;F;,~~~" ;'I<1iD) ~1 ~ 0 <ill> U) II' ,jJ b I .~ fUFlfiM:1fiJli1 ~'. 1 J~ 7 ". Oh:O_ t;' L!r.J~Lb I- ""t~ .i0 j; I~),~, @/ I(~ @1,6}@"7 / 5 I."" @ ,rw w ' y - W "- I' /A /I !fi :;' I'" 4\ ,~ '\ 24 ~ l @~ ~ i L D L~: .r: 'l 7 ~~ j, n';. "',' , ~ ; j ...' .. ~ li)" - 11ft.... \JN~ I{) Q) , - Ii .;. !~. if! /: >~ ",I ~;. I. ...:'~}J! I 13 ~.Jloo I~ l~ 0 0 . ~ ~ '1\::: ~!:>} , I If) '-'SE-2I"- <-- -AVE I _ _'-_~SE .L.t' 'WE I "'-1 ,..' ;:)~ t.~. '! ..' 1O;i ,"" "'::1 I;.,;r~~ ~'';W ,~:, ~. ,.IIII@ f1~ rm;) ~ I ~ z. ~ . so': \ l.o.~ :,34,'.~ 3Z~ I:' ....' ~ /3 12.~, ~~ 0 1~'k=0~ ~ w _:: I ~ ~ .. '). '.,. " 1-" ~,~ tI""t - 5 '_ _ ~I:" ' '. ; -.,...,,:: (/) .. I,~' - ,..- -. " 14"'1 C U) 118' 1 . US 't '~.,;tlo ,. I ~ . r.... ,.." 'l!'" It_.. . ", '.' ," - _-1.1,7'.. I- 1 ...!iw:" .. .. ':'!l~\" : ',: :(',...'r:::1-:t;,~"",7~ ' _ ~ ,. ,. \ ~~ { ,.,' ['-..!.!.V , . _ ':0"'"- ,,,,, , 'T ~" ~ ~ t sz. ,':,,'-'? ~,~ I'~, ,,~; "I :. ',iB'';: '1/u';: "'c:",~' '~"'I if. t PAI."WAY ~11' ~ I ~ ,..... oIr,JH ,~, '0 .." ..r= '" FAIRFIELD 2~nd AVE'~., ' --:,""'; ...,'.. O[NS::t CINDO ~ ,v' ."'.' · " APTS. I,il . ~!'1~ 45 it ~ ; , , ::. C~DO W ~ CONDO ~ I C\I ,.oe' . ''10' 131 en . ~ III : CRE\ST : '~IE,W'I :,23~ I.~) .7,'~...: ),b,S":..i ~,,~' 8 :'" '4..' . ~ i ] I 1.1 j 1 ~ ..... .!!!!~ : ,,' J 1 f. ' w : 10 : 't I W .. in' 'J . (/'\ ,.." ,,~..I....., .- @ ~I~ @) AVE fO" CONDO TRACT Z ~ '... @]) 1 @@ ~ 301AC ';' V 125 I'-.... ~ ADD. @ 4,51~. @ SE~ATE OF GULFS~1\h1, ~DO_ '.I) PART '1"" _ ~ ~c '"' SEAGATE OF GULFSTREAM CONDO. I ) @) 3J OAC j ~[) Lt.i, ,( !C;: i MEMORANDUM (~ ,',/" "'~ CJ " '.\'" --\ r- ~ , \0)\ -c, e;,<8 ,/" " ~..~ , - TO: See Below DATE: September 4, 1991 FROM: Sue Kruse City Clerk RE: P.M. Forwarded herewith are the following copies Case #159. Winchester - Amoco Service Station. 1. Board of Adjustment Application with attached legal description. 2. Statement of Conditions 3. Letters of Authorization 4. Special Warranty Deed dated December 20. 1985 Quit Claim Deed dated December 18, 1985 Indenture dated July 30. 1979 Right-of-Way Deed dated April 27, 1987 Partnership Agreement dated August, 1979 5. List of Property ~ers within 400' of subject property with location map 6. Notice of Hearing as advertised and sent to property owners. A Site Plan and Topographic Survey will be brought to the meeting by the Recording Secretary. ~b ~"'.!'J/-' Sue Kruse sIb Attachments cc: Raymond Eney James Miriana Thomas Newton Andrew Haynes Henrietta Solomon Vernon Thompson Ben Uleck Kevin M. Clair Paul Slavin Al Newbold = . . ~. ,. '. f. .~' ~ .,.". . CITY OF BOYNTON BEACH 'J,.:5 ~ ,'-J j 0" /) ,I) ___ "I 8J x. I ~ - ('{/~---'l/ o~. ~,Y:J301 BOARD OF ADJUSTMENT APPLICATION Submittal Deadline: Five (5) weeks before meeting date Please print or type Submittal date: 8-5-91 The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment 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 d~scribed and in support thereof state(s): SEE ATTACHED Property involved is described as follows: Lot(s) BJCIIIE.IT "A" Block / Subdivision , . Page or otherwise described as follows: Plat Book Property Address . 1531 W. Boynton Beach Blvd. The following documents are required to .be submitted with this application to form a single package. Incomplete package will not be accepted: vI. A sealed survey 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 structllres and paving D. Existing elevations 'E. Rights-of-way, with elevations F. w 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. A site plan properly dimensioned and to scale showing: A. All proposed stru.s:tures .., IS _ B. All existing struc~res tnat are to remain on site C. Setback lines for all structures drawn perpendicular from the properly 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 streexs and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site of' 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. 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. V4. Proof of purchase petition, accompany ownership of property by petitioner (s), such as deed or contract agreement. If an agent is submitting the a notarized COpy of a letter designating him as such must the petition. ../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 type): . 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; " , ; ~ ADJUSTMENT APPLICATION B. That the special conditions and circumstances do not result from the actions of the applicant; C. That granting the variance requested will 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 literal 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 applic~nt; , 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. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. Wlnchester,Winchester,Zeiher and Schroeder, Name and address of owner: A FYorida General Partnership 19aoMbIR~~~ ftd,Sggt~e~~f6nEF~.33~~I Llncoln PI, Ste 301 Name of applicant: Rill ~;n~h~iter Applicant's address: 9290 Nickels Blvd. Boynton Beach :3343(, .b.ppllcant's phone #: 407-689-5522 I I Date: ~ 50/9'/ signature of Applicant: ,Lf!I/~~~- ------------ --------------------------------------------------------~- To be completed by the Buildinq Official or Representative 7. 8. 1. Property is presently zoned: C-3 Formerly zoned:" R-] (County Zonin 2. Property Control Number: 08-43-45-30-01-003-0010 3. Denial was made upon existing' zoning or sign requirements (list sections [ s] of codefl'.orn whicn~'relief is required): ..; Appendix A-Zoning, Section 11.L.l. Service Stations With or Without MaJor Repalrs 4. Nature of exception or variance required: Variance for minimum distance separation be~ween servi~e~ations. Date: 8/9/91 Permit denied: -~t~. Baing epartment 5. Case Number: 159 Meeting Date: September 23, 1991 ----------------------------------------------------------------------- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye y Denied Y Nay ~ '. ... r . .. ".: EXHIBIT "A" LEGAL DESCRIPTION: ..........a....... . .. . I. .. I" A parcel of land lying In Section 30, Township 45 South, Rangli" 43 East;....Palm.;, . Beach County, Florida. Said parcel being a portion of Tracts A and 'B;' Block'3, of "PALM BEACH FARMS COMPANY PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST", according to the plat thereof as recorded-In Plat Book 5, at Page 73, of the Public Records of Palm Beach County, Florida. Said land"belng more particularly described as follows: Commencing at the Northeast corner 'of Section 30, Township 45 South, Range 43 East: Thence wi th a bearing of S. 87" 32' 47" W., 'along the North I ine of said Section 30, a distance at 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 Hith a bearing of S.01"18'43"E., along a I ine lying 120 feet West of and paral lei with the East line of said Tracts A and B. Block 3, of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO. 8", a distance of 25.00 feet to the Point of Beginning of Parce I of I and here i nafter to be descr i bed: Thence cant i nue a long the afore- mentioned parallel I ine. a distance of 191. 04 feet to a point of intersection with the North Right-of-Way I ine of Boynton Beach Boulevard (now known as New Boynton West Road - State Road No. 8(}-4): Thence with a bearing of 5.87'32'47"1'1., along the North Right-of-Way I ine of Boynton Beach Boulevard. a distance of 168.43 feet: Thence with a bearing of N. 46"52'58"W., a distance of 35.71 feet to a point of intersection with the East Right-at-Way I ine of Winchester Park Boulevard; Thence with a bearing of N.Ol"18'43"W., along the Easterly Rlght-of- Way! Ine of Winchester Park Boulevard. a distance of 165.54 feet to a point; ~her~e with a bearing of N. 87"32'47"E., along a line lying 25.00 feet South of anti pal'allel ~lith the North line at said Section 30, a distance of 193.94 feet to the Point of Beginning. Lying and being situated in Palm Beach County, Florida. ..; ~ ........ .,' . :.......,,' .......".:: , ...........'. ... .., " ::..:.': .. '" .... , ' . .....:......... .. :.::::.:..... "'<;}}:.>.:,:: . .' . . ,,, ... , ,'.',' ....... ..' ." . ",. ":'<:' .'..:.... . " . Kilday & Associates Landscape Architectsl Planners 1551 Forum Place Suite 100A WeSt Palm Beach, Florjda 33401 (407) 689-5522 · Fax: (407) 689-2592 VARIANCE REQUEST JUSTIFICATION STATEMENT A. T~~~_?-E.~~!._~J.._,_con<!i~ions and circumstances .~.ist which are P~c::~J2-<.i.!'___1:.Q._t..he 1 andL..~ tructur.~___~r bui I ding i nvo I ~ed__?nd ~_~ i c.h___.~_!:.g__....!l_q~_EP_U ca b let 0_ 0 the l' 1 a nd_~_ s t:.!_~!..~t:.~ r ~.~.._.-P...!: Q.!-!!..LQ}!.lfl~_.J..!l._!J:! ~~.~,'!!~..3Q!)J..!!.&_~j.E_:t:. r i c.b. The petitioner is requestin?, a variance of Section 11.L.l. of the Zonin~ Code which would allow the construction of a service station with less than 1.000 foot separation from its nearest ser~ice station as well as the public post office located on the south side of Boynton Beach Boulevard. Special conditions and circumstances are .peculiar to this land due to the configuration of adjacent roadways in this area as the result of the approval of the Boynton Beach Mall in 1974. At that time. appropriate access needed to be developed to a regional mall. In order to accommodate such access new roads, including Winchester Boulevard, were constructed. The location of Winchester Boulevard in relationship to Congress Avenue was set by adequate separation required for si~nalized intersections. This location of Winchester Boulevard resulted in the creation or a small parcel of land bounded by the newly ~reated road to the mal I on west. Boynton Beach Boulevard on the south. existing Lake Worth Drainage District Canal on the north and an exi~tin~ City of Boynton Beach utility lift station on the west. In essence. this small property became an island with a limited number of uses. Because of the limitations created by the size of the site, the petitioner has needed to look at the best possible uses for the properly. In this case, a service station was a natural user which required a minimal amount of area while al lowing for adequate circulation on the site. However, because of the previously described distance separation requirements between Winchester Boulevard and Congress Avenue, the newly created property was located within 1,000 feet of the intersection of Congress Avenue and Boynton Beach Boulevard which had three existing service station facilities. These stations have been allowed to remain open and in some cases reconstruct without any application of the 1,000 foot requirement as they predate this requirement of the City. Nevertheless, these t Variance Request Pa~e 2. 'properties are located within the same zoning district and are permitted to operate without meetin~ this specific Code requ i remen't. Additionally, due to the development of the regional mal I area. the post office chose this area as an appropriate location for the siting of a public building. ThIS property is located on the south Side of Boynton Beach Boulevard and is separated accesswise by an existing median in the new six lane arterial. The placement at a service station at Winchester Boulevard and Boynton Beach Boulevard would have no effect on either the safety or the traffic operations of the post attics facility. B . T.t,~,.!... ..t_t,--~ .._~~.<::J_~J,..,!::..2.!,:,,~t~.~j..9.!\_?__~E___<::jIS:U.l!I.!:!.!:. a n C~.~_.~ <?_._rlQ.!:,_.~~ ~ s Y..Lt. Lf.',Q.!!l...!~g..a .c;:1_.i_9.n.~_.!.~L..~h.~.~~.~~_~.!:.~h 'As previouslY stated. the approval of the mall facII it.y created t.h(-~ rf.)qutrement tor a suitable road netwol'k to service the IDa I 1 thereby creating this small corner parcel. Previously, this parcel would not have been a corner parc(~l but -merely one of a variety of commercial properties fronting on Boynton Beach Boulevard. c. Ttl_<.!.!...,g !:.~~~~!:..IJ!g..~tJ!.~._Ya.:t (a nC~...J:~,q~J(-= !!.t..e..!:L wi .U,_no t......s.QD f ~~__9..!l_!.t!..~ ~.e.PL~ ~Q.!l..!:___. . .<:~ry Y....'__~J?~.q.L~.L,P!:.!_y__U..P:_e.~_,_~~J.l~.!___t~,_.Q.~ _~.t e ':!__~y__~l~_t:.? OI.:.9!. n~_Q~,e ",..tf!_.9 tJ)~,!'_..-.J..~.d,~..L-~l.:',!J.q,! n!l..~_.,.Ql'_.__~_t:X,Y..9tt.J.r.~~_.-J_!},..!.t~ ~ a m ~u,. 2;C>.!1 LT.! g .Q).~t. :!:.,!_~i~_ As prAviously stated, three service stations currently are located Within 1.000 feet of the applicant and within 1,000 feet of each other. At I east one of these statioHs,(3. Mobi I StatIon at the southeast corner) was al lowed to reconstruct in recent years despite the tact that it was already located wlthi,n the 1.000 foot distance of the two other service statiuns. D. 1:11 a _1::._ LLt e.r ~.J.,__i.'!1,t~!'..P.!:~_t ~,t:Jg!:'___D.t.., _.,.t_h~_ .Pr.Qv.i,,~.i.~~ ~~_,., o. L_1o ,1'1 i~, ~t-!..e.p:t:_~.r '_, .W(]_~ Llj__...9f;!,P,f i .~~____..t,!l~.,~P...eJ,~.~:;':l!1"":~_....o f ..J.!:gJ}_t.~_t.:()!I\~g~ e_ ni 0 Vl~ d__ ,? X ,o1:}..t8..t ..__P.r...9..P~F,t:. t~~.__..Jl']_ ..!-I1_~ __S_kl,ll!.t~,_:?:.o H_tt1,!L... g J ~~_r..! 5-~t. un~~:!. r "lJ:'I€!,.....,t,~.!'.'!l,~_...Q.L,!:!!e _,t!!_~J.!!ii ..~ 9_e_,..~_!!9._!.'I.Q.l!!.!~.__",.o...J:'_~__l.:',~l:.t1~_ ~(~ ~.?,a'!'y_ Bll,d _ll,I!Q,I,J~_ h a cd s. t-).!p__,Q.!l_t.he,_J!..P P L! 9.~TlI:_~ \ A literal interpretation of the zoninR ordinance the riRht of this applicant to construct a service station on this site despite the fact that the use is a permitted use within the C3 L.oninr, District. As previously stated, the location of Winchester Boulevard in relation to Congress Avenue and ~ Variance Request P age ~i . the cr(~ation of this property was the result 'the other applicants. This property is signalized intersection at a main entrance mall. A' usp such as a service station appropriate and proper use at such a location. of actions ot located at a to a regional would b(~ an Furthermore. the applicant would suffer a hardship in its ability to flnd an appropriate use for such a small parcel of property. As previously stated, the existin~ configurat.ion at canals. rights-at-ways and utllltv uses prevents thiS property tram expanding to a larger site. Theretore. only a certaIn number of uses can approprla~ely be located on the property. A service stat.ion clearly is one ot those uses. E . I. h ~!_.,ll\f:~,_ v~,~ ~ !!~::. ~._ Kr a .I!!-_~~~... _ !.2i..,__t::!1 e .___III!.n.LID.t,.ID.!-~_~~Qf.l c ~_.t!l~!:_.~t-'1 II!~~ ~__E 0 ~.:l) .Q.le .____t t!~r' r_ea?Q!laJl.L~__lJ~e._._o_t__t,I).~__l_~.D.Q..L____QI ~ .LLd (ng__Q.!:' structuI't:'~. -- ---- - - -..--'"- -- "_. The varIance requested is the minimum variance required. Needless to say. the lucation of this property in relation to the other uses 15 the result of the actions descrlbed abovfS" In the deSl'6n1ng or the regional mall. Therp is no action that the appllcarli. can tak(~ to reduce the variance furthr!r. F. I.!!.f1.t __ _t..he _.g 7.:.a I!.!:..~ I~g_Ql..t, h.~._ .._~.a r.!~!:!5::e_.~.!_U__t:l~..!.I!__!!3:E_lIlony_~!._U.! !-.t!~__gen e.E<l..l__iI1h~'?,Il.,t::.__.aI1d _.R.tJ r P(~.?~ ..5~1'._.j'.l!_~_~J:la p t e ~._~_T.!.Q.-.!-_'='Cl:.t_~!..u_c h ..t~ r_L~.I!c.e w lJJ___ no b~___...i. n J U 1'..i..t:l.1.JS....__ t().._.....:t_~~_~u':.e8:---2. I1Y..()/.Y.t":!cL_(),!: Q.t..b.~LW..!..f;E! _d~ t.r.-..!.~n_en t=--__t,.Q__.tt1f? _ pub.I_!..9.._~~J tl!r._~..:.. The p~6posal ot the appllcnnt will be of general benefit to the public health. safety dnd welfare. The proposed site plan (fl(,!t-:!ts or exceeds all crit~:!ria listed within the zoning ordinance wilh the exception of the separation requIrement. The property is located at a signalized intersectIon which has been tully developed to provide adequate Lurnin~ movements throu~h the intersection and to and from the property. The site is located along a route which serves as t1H~ entrance to a regional mall. Most time~;. r,asoline salt-:!s Occur by people already on rout.e to a destination. The U5l~r o t t his s i l e wan l5 the sit e be c a use 0 f 1 t s rei a t ion 5 1'1 i P to the mall .Hld Lhe l~xpectancy that thn site can provide gaso I i liB sa I (.~s to the trave I ling pub Ii c as they approach ur leave the mal I area. Whll(~ it is rDco(~nized within 1.000 feet of that there are other service stations this proposed station, it should be f Va r 1 ance l~f~'pJeS t Page 4. noted that the cur('(~nt. Gont I gura1.ion ot serVice stations require people desiring to buy gas to travel to one of the busiest intersection~; in Palm Beach County. l;urrent.lv, tll'~ next closest service stations are located 1n the vIcinity of Mi I itary Tral I and Boynton Beach Boulevard. By al iClwIn~ a service stat10n to be located away from the intersection at Congress Avenue and Boynton Beach Boulevard an alternative will be prOVIded whereby the travel lIn~ puhlIC does not need to ~o through th1s very husy intersection for the purpose at b II Y i TI g gas. I not her W 0 r d s , res ide n t s who I i vet 0 the w (~ 5 t of Con~res5 Avenue can buy gas at thiS intersection at Winchester Boulevard. travel to the mall. and leave the mal I to r(~t.urn to t.hf:~ w,est wit.hout ever haVing to pass throup,11 the COTlf!reSS l\vHTluel.Boynlon BpHch Boulevard IntersectIon. Any r fo~ ci u c t. 1 0 II I r\ t r Ci t l" I C de S are s u 1 t 0 f the lac a t 1 0 n 0 l' t his serVice st.ation t.o the west of the Boynton Heach Boulevard/Congress Avenue intersection should be viewed dS a plus. -' ,Convf.~rse I y. t.here appel-d'S to be no adverse i.mpact to the publIC. /\5 previously staLed. the property is surrounded by commercIal i-:lnd/ol' non-resIdentia.l uses on all si.des. T"t-~ site WIl I have no impact un any surroundIng residential neig~b()rhood. The propel'ty is located in an area that has been desil~nat.ed ror lnt.t,~n~ilve retail development within t.he City's Comprehensive Plan. Approval ot this proposal WIll have no etfect on any ottwr future request. This site has demonstrated that it is unique due to the previou~:; planning decisions llIad(~ In thl:~ de \I e lop ill e n t 0 far e gl () n a I d c: t I V i t y c e n t era t t. h l-} Boy n t on Mall. Llt_her sitHs do not contain the salOp. set of c i r c: U III ~> t <l nee s . The r e tor e . 1 t J 5 tel t t hat a p pro val 0 t t h i. s request I.S warranted d,nd ht-~IIE!l'lcial to the publIC health. salety and w(-Jltare. It , ~ 0 ,8 City of Boynton Beach 120 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Agency Agreement To Whom It May Concern, This letter is to serve as perffiission for Kieran J. Kilday and Kilday & Associates, Inc. to act as the agent, to prepare and submit all documentation, and attend all meetings per- taining to the property described in attached Exhibit "A" as it relates to the Annexation, Lan~ Use Plan Amendment, Zoning and Special Exception or Site Plan approval process. Furthermore, Kieran J. Kilday and Kilday & Associates, Inc. are authorized to agree to terms or conditions which may arise as part of the approval of this application. ~--- STATE OF: COUNTY OF: Florida Palm Beach I HEREBY CERT IFY THAT ON THIS .,.~...................day of.......~_..__..,_., 1991, before me personally appeared Bill R. Winchester to me known to be the person(s) described in and who executed foregoing instrument. WITNESS my hand and official seal in the State and County the day and year last aforesaid. (NOTARIAL SEAL) ~.c-~-~-.L_------ State of: My Commission Expires: ~ ! . EXHIBIT "A" LEGAL DESCA IPT ION: =..====2~===~=.=== . '. . . ,) .. t" A parcel of land lying in Section 30. Township 45 South. Rangi 43 East;'P~lm' Beach County, Florida. Said parcel being a portion of Tracts A and~; Blotk3, of 'PALM aEACH FARMS COMPANY PLAT NO. a OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST". acco'rding to the plat thereof as recorded in Plat Book 5, at Page 73, of the Publ ic Records of Palm Beach County, Florida. Said land being more particularly described as fol lows: Commencing at the Northeast corner 'of Section 30, Township 45 South, Range 43 East: Thence with a bearing of S.87032'47"W., "along the North line of said Section 30. a distance of 6~OO feet to ~ 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 ~ 010iS'43'S, along a line lying 120 feet West of and parallel with the East line of said Tracts A and B. Block 3, of the above described Plat of 'PAlM BEACH FARMS COMPANY PLAT NO. a". a distance of 25.00 feet to the Point of Beginning of Parcel of land hereinafter to be described: Thence continue along the afore- mentioned parallel I ine, a distance of 191. 04 feet to a point of intersection with the North Right-of-Way I ine of Boynton Beach Boulevard (now known as New Boynton West Road - State Road No. 604); Thence with a bearing of S.87032'47"W., along the North Right-of-Way line of Boynton Beach Boulevardi a distance of 166.43 feet: Thence with a bearifl-'j- of N. 46052'5S'W., a distance of 35.71 feet to a point of intersection with the East Right-of-Way I ine of Winchester Park Boulevard; Thence with a bearing of N.Ol"18'43"W., along the Easterly Right-of- Way I ine of Winchester Park Boulevard, a dIstance of 165.54 feet to a point; Thence with a bearing of N.87032'47"E., along a line lying 25.00 feet South of and parallel with the North line of said Section 30. a distance of 193.94 feet to the Point of Beginning. lying and being situated in Palm Beach County. Florida. ;1 _ . , . Winchester, Winchester, Zeiher & Schroeder, Partnership I, Elsie Winchester, General Partner, hereby authorize Bill R. Winch~ster, General Partner, to sign all documents pertaining to Annexation, Land Use Amendment, Rezoning, Site Plan Approval, and Variance to Zoning Code applications for property described on attached Exhibit "A". Gh~Jt;{dAd!iV Elsie Winchester, General Partner STATE OF: \=-\CJR\~ COUNTY OF: ~\'O\ ~~V-...c}\ I HEREBY CERTIFY THAT ON THIS \~ day of ~~S~~~+ , 1991, before me personally appeared E\<)~~ \2'\~"'<:""'E'''\~K to me known to be the person(s) described in and who executed the foregoing instrument. WITNESS my hand and official seal in the State and County the day and year last aforesaid. (NOTARIAL SEAL) ~.}"- ~~~f1\ ~~k.\~ ~ Notary Public ~'y~:<:...'R-, "^. ~,\f\G"~s-\ ~~z. State of: '\=\Q,(\~~ My Commission Expires: Motory Pultlk, Stott of FTort&r " My Commission (xpirn F.... 13, 1'91 Iondecl tlIrv TNy '1Illl. ~Ioc. ,\ :-, c( , . 'EXHIBIT "A II LEGAL DESCRIPTION: =a=2==a=x========= A parcel of land lying in Section 30, Township 45 South, Range' 43'Eas't;"Palm' 'Beach County, Florida. Said parcel being a portion of Tracts A and 'B.-' Block'3, of "PALM BEACH FARMS COMPANY PLAT NO.8 OF SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST", acc(){'ding to the plat thereof as recorded in Plat Book 5, at Page 73, of the Publ ic 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 Hith a bearing of S. 67032' 47"W., 'along the North I jne of said 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 S. 01018' 43"E., along a line lying 120 feet W€st of and parallel with the East line of said Tracts A and B, Block 3, of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO.6", a distance of 2S.00 feet to the Point of Beginning of Parce I of I and here i nafter to be descr i bed: Thence cant i nue a long the afore- mentioned parallel I ine, a distance of 191. 04 feet to a point of intersection with the North Ri ght-of--..way line of Boynton Beach Bou I evard (now known as New Boynton West Road - State Road No. 804); Thence with a bearing of S.8r32'47"W., along the North Right-of-Way I ine of Boynton Beach Boulev~rd; a distance of 168.43 feet; Thence with a bearing of N.46'S2'S6"W., a distance of 35.71 feet to a pOint of intersection with the East Right-of-Way I ine of Winchester Park Boulevard; Thence with a bearing of N.01'18'43"r1., along the Easterly Right-of- Way I ioe of Winchester Park Boulevard. a distance of 16S.54 feet to a point; Thence with a bearing of N.67'32'47"E., along a line lying 25.00 feet South of and parallel with the North lirle of said Section 3D, a distance of 193.94 feet to the Point of Beginning. Lying and being situated i,n Palm Beach County, Florida. JU.-24-'91 WED 18:65 ID:KILDAY & ASSOCIATES TEl.. r~u:4~:I','-f;:,tJ'::h:::;'':I'': _ n.~""" r- t,..I--J .. ".. . ,'- Winchester, Winohester, Zeih~r << Schroederl Partner8ht2 I, William A. Ze1her, General ~artner, hareby authorize B111 R. Winchester, General Partner, to sign all documen~s pertaininq to Annexation, Land Use Amendment, Rezoning, . ' . Site Plan Approval, and Variance to Zoning Code applications for property descabed on attache "A". Partner STA'1'Z or a COUN'l'Y OF: I HEREBY CERTIFY THAT ON THIS 26th _day of July 1991, before me personally appeared WILLIAM A. ZEIHER to mo known to be the person(s) desoribed in and who executed , the foregoing instrument. WITNESS my hand and official seal 1n the State and County the day and year last aforesaid. "':rO , . . . :2- ~. / .- . ~., '1 " -d/l~-'('_A<-tf'~ (NOTARIAT.i~,~~ ) '. (" " ,~ ~ .. r ' . . , . " :-, -' , '. '. \"_. t - -JI' : or.:".._ _.~'. 10... ~ -.( .,' - ~ . - ~ .. . . ~~T~~Mi~~t6~ ~~~TE OF FLORIDA BONDED THRU GENERAL M:~S~' J~g: _ ...,.....w. ..,.' ~ ~. 'C,. " .. .EXHIBIT "A" LEGAL DESCRIPTION: ~c=s====c====~==== . , ') "I" A parcel of land lying in Section 3~ Township 45 South, Rangi 43 ~ast;Falm': Beach County, Florida. Said parcel being a portion of Tracts A and B; Block 3, of "PALM BEACH FARMS COMPANY PLAT NO.6 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST", accord i ng to the p I at thereof as recorded in PI at Book 5, at Page 73, of the Public Records of Palm Beach County, Florida. Said land being more particularly described as follows: Commenc i ng at the Northeast corner 'of Sect i on 30, Townsh i p 45 South, Range 43 East: Thence with a bearing of S.B7032'47"W., along the North line of said Section 30. a distance of 60.00 feet to a point on the West Right-of-Way I jne of Congress Avenue; Thence continue along the aforementioned course extended a distance of 733.74 feet to a point; Thence with a bearing of S.OP1S'43"E.. along a line lying 120 feet W~st of and parallel with the East line of said Tracts A and B. Block 3, of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO. S". a distance of 25.00 feet to the Point of Beginning of Par c e I 0 f I and her e i n aft e r to bed e s c rib e d: Th e n c e con tin u e a Ion g the a ( 0 r e- mentioned parallel line, a distance of t91.04 feet to a point of intersection with the North Right-of-Way I ine of Boynton Beach Boulevard (now known as New Boynton West Road - State Road No. 804); Thence with a bearing of S.6r32'47"W.. ,along the North Right-of-Way I ine of Boynton Beach Boulevard; a distance of 168.43 feet; Thence with a bearing of N. 46'52'58'W., a distance of 35.71 feet to a point of intersection with the East Right-of-Way I ine of Winchester Park Boulevard; Thence with a bearing of N.Ol'18'43"\t. along the Easterly Right-of- Way I ine of Winchester Park Boulevard, a distance of 165.54 feet to a point; Thence-with a bearing of N. 87"32'47"E.. along a line rying 25.00 feet South of and parallel with the North line of said Section 30. a distance of 193.94 feet to the Point of Beginning. Lying and being situated in Palm Beach County, Florida. .. ,'t - Winchester, Winchester, Zeiher & Schroeder, Partnership I, 'Michael A. Schroeder, General Partner, hereby authorize Bill R. Winchester, General Partner, to sign all documents pert~lning to Annexation, Land Use Amendment, Rezoning, lan Appr9val, and Variance to Zoning Code applications descKbed on attached Exhibit "A". Partner STATE OF: FLORIDA COUNTY OF: PAlM BEACH I HEREBY CERTIFY THAT ON THIS 25th day of July , 1991, before me personally appeared MICHAEL A. SCHROEDER to me known to be the person(s) described in and who executed the foregoing instrument. WITNESS my hand and official seal in the state and County the day and year last aforesaid. (NOTARIAL SEAL) Notary bl c State of: ." My Commission ."Jo 0< FLORIO" C SlA1t' 91 "OH.ll.'II'I;tl1 Alia '/.1.19 'A'I cor,lUSSIOl1 ~~;I\~l 1115. UIlD. BQIl!)f.1) l\\\\1l G . . P ...4 (" ---. . . t . . . '-.~ 'EXHIBIT "A" LEGAL DESCRIPTION: =aaa====ma======== A parcel of land lying in Section 30, Township 45 South, Range' 43 ~ast;'Pcilm' ~each County. Florida. Said parcel being a portion of Tracts A and B; BJo~ka of "PALM BEACH FARMS COMPANY PLAT NO. 6 OF SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST", according to the plat thereof as recorded in Plat Book 5, at Page 73, of the Pub Ii c Records of Pa I m Beach County. FI or Ida. Said land being more particularly described as fol lows: Commenc i ng at the Northeast corner 'of Sect i on 30, TOHnsh I p 45 South, Range 43 East; Thence Hith a bearing of S.87032'47'W.. along the North line of said 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 S.01D18'43"E., along a line lying 120 feet w'est of and parallel with the East line of said Tracts A and 8. Block 3. of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO. 8", a distance of 25.00 feet to the Point of Beginning of Parce I of I and here i nafter to be descr i bed: Thence cont i nue a long the afore- mentioned parallel line, a distance of 191.04 feet to a point of intersection with the North Right-of-_l':Iay line of Boynton Beach Boulevard (now known as New Boynton West Road - State Road No. 804); Thence with a bearing of S.67D32'47"W.. 'along the North Right-Of-Way I jne of Boynton Beach Boulevard( a distance of 168.43 feet; Thence with a bearing of N. 46"52'58"1'1., a distance of 35.71 feet to a point of intersection with the East Right-or-Way I ine of Winchester Park Boulevard; Thence with a bearing of N.01D18'43"~I., along the Easterly Right-of- Way I iDe of Winchester Park Boulevard, a distance of 165.54 feet to a point; Thence with a bearing of N.87'32'47"E., along a line lying 25.00 feet South of and parallel with the North line of said Section 30. a distance of 193.94 feet to the Point of Beginning. Lying and being situated in Palm Beach County. Florida. :~.';":'"t'~I".J.: ',..,. ,,"t.:.'.', I ~'.~.~.'?~'~~:i~, '. ,4t, : . . ....,.. ,ltf,'. ''tit,), -t" "I.. ......:-...;1'''.'.... .....~ 0;';' r;:~,;,'~f.Jj.:..~ "': ~;~.; :.~" .' .'~ ;~:t~~::':..~.;~: . ~:: ;-::""~~~"'~"'l"'::",.' ~l.:, . ~. ';0:':;;~,~~~:.:;,>~) ~ . . . ":~~:' '. . . , . .>~ ~~i;.-;:' >::..,~ ~'.:J:(~:' ~\I;'....~.~ :: '>1":::::.';'" :. ':':.:-;~':i~': .'~ ~iiii~fii~ . "': i~~ ;f.~:,:~'::t.~;.~~: .~'~~~1Ji~1 . . "':\1.~"7U:~""IO":"'" .~;'f~:E?~?;;:~:'~ ,.1....: ''-.'' .. ,.',. ;IIi!t~ . "~'-~..;'~~~ ~ .' ~ :,,'~:!ii:f;,l-;,"~i::~,i, j'! .~..': ........ .... lJ # -\~o 1I .f; ',;1\" ",' . .A U'I o -f 0.. r:-: ,- c- ::1- 0) "' C 'tXI . cr, (:) N .... -w.'trJ.luJm U\ II.d/e" "o"w at ThIs $ptd.11 ltt~rr~nfg Jttd M..h II... ~o J.~ ..,Q~.I'~'Lh"\..,A. D. 10 lJ5 ~, DILL R. WINCHZZT!:n '''_t>.4/I,., Nil.J ,h. r>,.,,,I,,,. '" WINCJlF.STt':n, WINCIrESTI::n, Zl:IIIE!1 {. r.CJ1nor.Ol~n, <I Florida Ceneral l'Jlrtl'~r"hll' . w~o"N"{>III{'uJJNI'" OJ'\~ tineoln Place, Guitc 3tH, HoO Clnde~ nOlld/ Doc~ n~tnn, Fln~id~ 33~~1, lun'no/lw .../I".J ,1., ",..,.,...., ,- -.I .....1. oW ...... ..........- .... -"""...- 1..1-... .k .... ~ .. oI.M s.......-... ..., ta.. ...~... "",,,..I .....,......_..."'- -.l --IC&I ..t ....:......... ....J u,... ~ _I ..:.r- .1 .............:......., '.D co WHll.ts$tlh: Tha' ,I,; ~hlnIM. 1M "..J 'n rn",IJ.-Il.e-~ (II ,111 IIlM of j lO . 00 .nJ o,!." ",,11.1<\1.l. M~rJ#...II""" ~,., ...1..._/ " ;.,....h .,L "o...!.Jo' J. 1..,..1." gt....u, 1.Mg.fltl. ,.IlI. ab..Itl, _ lM~. totL,.,rr,. C'9'U"Y' ...r{ ~ll..... u>\lo 11., cr<<..'~. (lll,h..1 "".'<<In i:.nJ ,.It..oI, 'n Palm Beach CIlClhIT. F1~JIt. ,.Ir: - - Gee p.xnIDIT "}," ATT.\.ClmD lIEnr,1'O ~ND 1'" Rl~Fr:RCN'Cr. ntccnl'ORJ.TED HEn-:IN. ~ ~. ~VD"t:CT TO thl'lt car-tAin l,lorl:.go'l~'" CXf.!'CUl:cJ by DILl. }'to "":X:NCfn~STF.n. ~~ favor of NCND N^~IONAL UA!tY. O~ FLORIDA d~tcd December G, ~98S, . ~'':''or~,''.' OeC'~mbt"r 11, 19t!~, l,mdcr O::ler1('s l"11o No. 85-204496, ~:' ~!~ ~~~ord9 of Pnlm B~ACh C~u~ty, Florid~o '" ~ ~ The te~l prcr~rt) ~'nveyecl herein J~ unlmprr~~d prop~rty and 1M not, nor ~~e= ha! ~een, the home8t~ad of the Grnntor. tw-..tff'1 fu ..., -31 .2 $".00 , - (~ :::"'~!t'h r.. H. P'~'~Ut .1ogrthtr, wl:1. 0': " ,../" .Jlll,.'.''':'''' ",;- :.'r.dU."'...I. An.l ."I.",I'"""U4 ,I.,.,..,,, r,.ru""I"" DI' In """ 10 l-lal1t ~lld t.i> 'to .. )' ,,~ ,....... I" {II ,iMPI.. l~t." ~d ,:... 0","'0' J,",1,r .....'''I\/I..b ulll ",.."I.. ,I.., 01.. _",", It I..wl.....,.. UI'..,J (If foul L,nJ ,.. /..., ","pl.; .10". 11... 11'''"10' ',Ill UMJ rlql., ..,.,{ lou'/,,/ "..; "rill' '0 ..II .."J ~O"l"" ./1ld r..nJ. AnJ 1..,.. b,. ."-S',.Il" ,A.. ",/, I" I(lld ~".l o..J 1t.,1! t;,{,"J ,1. .a.... "\lei..., .t.. IAw/,,1 ,1..,,,,, tol all z>.I,.".... d...,mlnq l.,.. 11....,'..oI~ ." ..'OJ.... ,1,.. ,.rJ g",..''''. . 1ft lffitrt.tSS Whereof, II.. ,,,lj ".......,,"" l.v ',....,,"'0 .,/ hie ',s..J .",l ,WIll 11.. cI.., a"J "...., "., .1..._ "-rill..,,. . .. ~. .J, tj:1~bI:'::~:._. ../~t.():l;.)L~__1ID . ~~..L..~Q~Q.([:)D1.!;..l.JL~,;::::'.) ....o..~_~.::. :...:........:.~..~~l.~_~:.:~.__._.............. tD 5TATt or rL~lll^, covr-rr... Of 1\ (;)...... ." _ \. . . ,,~n 1.::\J..Q........<..l,<I___ I 1I rJr.1.n 'I I"':!l. TI TV .1\1' .... ,),i! dot. .b.t.... m., o. .Jrtt" cfult .u,"ri..rrJ :.. ...,. s"..., ,.J,.",-uJJ .n..! .. .1.,. Cw...,. ..ri:J",n,.,if'. t. ",i,. .....lMPWw,(rw"'"'",. fW'C"'Hftl.lJy lpPc'.an4 DILL T,;. WrUCt1p.STET~ . ...... . .' \a -.r \,.....,,. .. \I'l" all,. ,..~, 4!t"IC"n"bt-tl.IIl..~ ""toP '''I",14-d thr fNJ"'O:", ,.f't...",,~.t 1M ht' ~t..d'tlJ \.It.... ~ \I...c hI) ,......,.1 ct.. ......,. ......... ....:. W'T"NtS~ "'" '-u~d -Nt .rr:Ciar ..,., 'a. .....1 c...."'ty .ru' .~hn 'nt .(('\I+...iJ 'hi. ~ c::::.s~-: ..i;y 01 CJ.u._",.~. 0... ". (____ ~ . '. 'Y.'".. .~ ~ .~~a..~.o):~~...o2)...... NQ'fAl',y I'lJOL!C . . . My Co~mi~.lon txpir>>x: HICHJ\r-L /,. SCHROED~I'l. ~:~ot'rRJ: t1or,.tY ~'Q %TAl't ~/I " 'M ., ~ .4ICJtJ\I::L J" t::ClfROr.Dcn, P...... MYOl/MI'SlICWW"')1,",o.",..J One r.lnco:n l'l-,ce, Suite J01 kll.()(tl)'t0lQ'J6WPv. ....~I"J 1700 Glhd~~ no~d . !1.::lCh n...t.on. rlrlV;,,,", '11.4'1' I I I ) I . . _. --~-----~.._- "--------- t'~'>>":'t;'I""," . ~ . _:~ ";,~y:j~ ..~.tI \~~~I"'''''''';~.;'','i''. ."!"a~""~""';'.""".'" :~~1' .:;;:~~~a. ;', -.. !' ......AI..~.., 1"1.- .., ;:;J:,~:-:;;,';'::'I E:~:;~:;:';~': .":. " ",j tt~;'4~~~''';j:::",'' t. <;i.........- . t.. 'Id . ";1 :l"'~'."'-' .......,rt~lj~: :. :~'l)'~f-1d ,1<;,":;.::" . ,oJ ~C?..... ....",v:.., " . :!: ~;~~~~~;I . "'t' :,......rl..:...~..J..._l:........ '} lJ~r~t~"..:~ J~i~iir ',' - ..'):;r.::":'_,'I"'" . ';~:r~;~:~s~;"~'~: . ."\~"~~';r;~:'.'_':'."'" :: 'l~~~*"~;'''~~;' . _~.~1~~!.::.;~:;: . .~ ~M~~'~~} ::~~~ ..'.(..~~~";i:; ~'!;.'~~-~~~~:. ":'?i~&.;J,;s:" :~~~.~;.:; . '-.;~~':...r..~.:...;~:.: ::;fflli ',. ~ ~~'~;~~~::~l . ~~~}~~\ ".;':' :..:.~-.. ..'";....: .;~ ....f. ~ .",. . . '....i..;. . ',." .,' '. " , /~,~l~';~~~i~;.~j , t._t/."~""""'... \:' ~?;:'~~.:;}:~.* '~i)~';: '~.: J .:~':.:~ l i~~~t~lii; t.; t;:r~f::~l:~ .. ,~~'i4l.\'''~~:;1~ ;~~ ".~'1';".r.e: ,..:~-~:;;.: '. ''i-'.!~.~.....,....c~ ,.' ;1'''' .,....-.~ 'f' '. ~.::.: ~e..s~.;i~~ .:"", )1.."'"lt'.;"'~~ ~j.~ ..;,:. ~:."~. ~.~r( . . ":~. .'" ~~~,,~~,.'Ji ....:.~~~\.1'~ . , ...:-~:;:.~~~~ ~ .;~ ~~~,~~f . ~ ~-a;R'~:-;::'-=: .... ~~~~-iv~(f! ~ ~~ ~~!~~';'4.:;,t ~!' ~~~~~.~.., '., ~ t/:::~~~:. . '-;':~~~_u\~' ..... v ...-.....~,)~~~. .-, ~~;..;t.su.1."'" : ?:' ~':;-~~''::,~~ .~~~~~~: .~. !'Jf!" ~-;::.~~l;f). ;.~~ ;:.~*;;:.;:-~~ ~~ ~~:.~~...~"':;...~ ,... 7~ ~~~;t~;:i!~ :" r.',~t,:,.::r-~..'~ :~.~ ~""_"1..:::::;!', . .,~ ";~,,,,-,,~,:"""J,. .. -:," .;-:-:-~..}.~.. "" ",",~,,)o'"'l'.,f" '....... Et~~~".-:'li.., ~ ~. ;;--::eJ _ .."--: r" tn c:) -r 0- .-, r r :r IX) . .....:~~~~r:..:~:... ..."......::.";. .. . ..' . ..::......:.,. '~:::. ~:a11n!T itA" l'.\f~C):t ^ ^ t>,;Jtcr.i.. or LAND t. 'r'lNG m .:1:..:. nON 1 !', T01;t'NSHIr ~j SOUiH, R}.NGE "3 ~^ST, PALM l:(o_ACH COUNTY. F'i..ORJOA, SAItl P.\RCEl 8EtNe ^ roRTlON Or TRAcn b~, ~a, AND )'1 ,'. ~ 'rHt: PL..^T Or SUBDIVISION O~ StCl'JON 19. ,%,01'NSHtP II' SOUTH, rICE 14' F.^~j, AS ~f.COROED IN PLAt eooK 'I, PAC!: 19, Cr:' THE Pl _Ie RECORDS Of J'ALM ~~^CH COUNTY, r-lORIDA, .'S^2D LAND ~t.INC .\040RE P^RTlCULARl Y Dl:SCR11\EO ^S FOt..tOTl5t . COMMtNCINC ^ i THr ~ORTHZ:^$T CORNtR OF Sr.CTlON ~O, TO\t"NSHIP It, S(:Il:TH. R.ANCe II) t"'Sir 'THtNCt 't'ITH ^ BEARING OF ,SC\UTH !7" ,,' .5," 'G.' EST , AtOt-:G THE NORTH LINE or- SECTION 3(1, 1\ DI!oT ANC'E". OF ~O,~1 rEEl TO ^ POINT ON THE 't'(ST RiGHi OF U'A Y LTNE. OF CONGRESS A VENUE: i'HENCE CONTINU!: ALONG THE AFOR::':I.P:"JONED COURS::; EXTENDED ^ DrSTA~CE OF ,j7.6~ r-tET TO A POINT ::,1'~ '{HE EAST RIGHT OF 't.'AY LINE ,OF THJ;; ~lALt. ROAD: 1HtNC~ t/JTH A ClJRVC TO THE,RIGHT ALONG THE EAST RIGHT OF ~'t\ Y LINE OF THE MAll ROAD '.t'ITH A CHORD 8EARING OF :-~ORTH 00- j9' 06M Wrsr, ^ RAOluS or '19'.9$ FEET, ^ CENTRAL ANCtz; OF 0" )9' II", AND AN ARC LE.NCTH or- 2).01 FEf.T TO A POINT: 5A1O POINT BEING THf: J"~NT OF BEGTNNJNG: THf:NCE: COr-::rINLIE A!.ONG niE AFOREMENTJONED CL'RVE HAVING A CHORD t\'t^RINCJ or NORTH 00. 33' )'" 'CAST, ^ ll,\DJU$ OF ;?19;1.9? FEET, ^ CCNTr.AI. ANGr..e OF' ']o, Z5' "j", AND. AN ARC !.~'::NCTH OF 9).01 FH,'; THENCE \l'ITH A BEARING OF NOR Tl-J S7. '2' 117M !;..ST, A DISTANCE OF n.'5 FE.ET, THeNCE NORTH U" 0)' liS" CAST, A OIS"TANCE. OF 17'2.54 FEE'!', THENce souTH 0'" 27' Ij" EAST, A OISTA:-JCf OF f~).73 FEE. T TO ^ POINT ON A LiNt L YlNC ,:; FEE" NO~ 'r!-f OF AND PARAtL'Cl TO THE: ~1.~L''i'"H lINE or- seCTION 19: THtNC:C ~"ITH ^ BE.-\RING or- 50UTH 3'. '1' 117" ..t::'.~T, .-'\ DJSTANCe OF :Z.t5.00 1"1;!;.T AI.ONC THE. SOUTH LJNE OF SECTION 19' MORE OR LESS TO THE POINT OF BEGINNINC. ' CONTAININCi 0.371 ACRtS 0:"151.9 SQUARE rE~T) MOne OR tESS, AND SUBJECT TO E^SfMeNTS AND RIGHTS OF WAY OF Rr.CORD. '. . ' P1\RCEL C " A PAnCEI.. OF L....ND 1. YINe iN SEe/JON I~. rO\VNSHIr' ~OUTH, , RWG~ .) EAST. PALM BtACH c~!"~:n', nOR: ,SA ;'ARCEL aEI~C ^ POItTION Of TRACTS h, ~O. ^:.n )!l OF THr. .AT Of .C;lJe.~IVISIO". OF SECTION 19, 70u'N5HI? %j SOU'~l',. n....Nc~. .:',~ f.A_~!, A' :'-ORDE~ IN P1.Ai nOOK 7, PAGE I', or: TH~. PJ8LlC ~r.:.....OR...." Of _M aEJo _H COUNTY, fl..ORIDJo., SAID LAND f:.t::..~:j MOIU !'!"~T1CV!..,'" - DZ::SCR,l.'>~D AS r-OLlO~'$, Ok-IMt:W"lNC AT THE. NOrtTHEA:" '.~~:,\R:-I!:R OF st.c oJ )0. iO\1'NSHIP ltj SOUTH R~"'NGr: 43 EAST: THI!NCE ''VITH A B~^R!NG -, SOUTH ~,. }7' .n" ,*'E.ST ALONG THt Non TH L!Nf OF 5E.C-r:CN :lO, A OJ:; T /..NCE. OF 'O.!>(, F!:,ET'TO A POINT ON THE WEst RIGHT or ~'^Y. !.I~f. OF CO~...GRESS AVr.NUE: THENCE CONTINUE ALONG THe ,l.fOR!:.W:.NTIONE.D ....OURSE EXTENDED A DIH ANC~ or- 9)7.&} HET TO i\ ::'OINT ON THE EA.$T RIGHT or YfA Y LINE. OF THE MALL ROAD: THENCE. ~IIIH ^ CUr. V{; TO ni'r:: RIGH1 ALONG THE EAST lUGHT Of v"^Y LJNE. OF Tl-lr. MA1.L ROAD ':.'JII1 ^ CHonD aE^R1NG OF NOn-II-( DC;> iJ' }4" EJ.ST. A RADJUS Or .2i?'.~9 FE.ET, A CE.NTRAl ANCLE Of OJ> o~' SG" AND AN I.Re !..ENCi:-i or I LV'') FEET TO ^ POINT: SAID PorNT BEING THE P'OL''1' OF l'\EC1NNINC; ,H '-:("E CO!-:TINlIE. ALONe :HE. AFOREMENTIONED cunvt H^,IlHC ^ CHORD nf.ARINCi or- NOR TK OJ, 14 ":5" EAST, A RADIUS Of 717,).9~ FEH, A CENTR.J.,I.. ANGLE OF 02> ~7' 0''', A1o.'D '.N ARC LENGTH OF II'.!)I FEETr THENCE 'I.'JTH ^ a!:^nING OF NORTH 3". l/~' lj(.- E.^ST, A DISi ANC~ or, 2G'].(.4 7"f..ET: THENCF. .SOUT H or :!7' I)" I:AST, A D1STANCr. OF 6).6C, rf.c.T: iHE.NCr:: $O!.JTH 61.- OJ' Ii!" <;\:E5T. A OISTANCE OF 112,:\1, FEET: THF.NCE "e'IYH 1. ~f.AR1NC OF SOUTH P: )2' 117'" v:t:sr, ^ DISTANCE OF 23.~5 fEET )..IORC OR LE.SS TO THE. pOINT OF &.ClNNING. COJo.:T^lNINC ()..50~ ACRC.S C21!::31,2 SQUAR.E FEE.T) MC:RE OR LES5 AND :;UB)ECT TO E}'sEMt:.NTS AND RICHTS OF WAV OF RECORD. RECOIl.DEl'MlllE.l.lO: Lec!nllll!;r ".l.!.;.r~CO~Q Vf1lfFlFI) of WrltInr., ~ or 1'1-u,.ftu J!.~"'CJf C(X.JNrr ru --- "'i'"lH n IJUWKtI; ~!'U::J.iIsry fa th!.r dOoC'iU!)~ cu.~J\ Cf10TJr r^....... . .t....- ~.l::~ ~' ....... "........ ~~~~:;... .. {:S~~~~.:.:: '.. ~!~"7 :... Wy.:..\ ~ ~ -.. ~~ .}~, ::..': ..' ~. , :;:i.~'..~':, ,. ~~;,:i~;~ '.~ ~~r;;:;\ ~:~:{:'6 il!hi':". Ii.t-l;. ~" ","'~.i'~."" ~~'l~':',~::,,:,~'~.:' i. ::~~,~;::;.::~. ':$twj!;#~': ~~~".~lW~." , :E";~f'~':": . ~&4l':. :~, ' ~~;?~:.~~. .. ,,,~,,,.,,,,""'-'.., r~,:':;: .~~.,. , .}it.; ~~i;: '. : .~ ... . .: . ':Ii.,; ~"~".,... ., ......~,~;:.I.:. ,I,', . :'~i~~~ z\::. ' ~~~W~\~, ::: ,.......(..., ' .~ ~t~;;.; . t:~fl\.t:..' ~ ~ltt:., : ~:'~:~{f i;:: .~:~.~~~:,:. ~;{i{j~,;:. I' '; Grantor hereby reserves unto Grantor a perpetual easement through I: the north 40 feet of the property described on Exhibit "A" hereto I for the operation and maintenance of a drainage culvert. Grantee may use the surface above the easement area for parking and ~ I landscaping. P~ovided, however, should Grantor deem it necessary ,. for the operation and maintenance of the culvert, Grantor and its 7authorized agents may enter upon the easement area' and perform I such excavation and other work as it deems reasonably necessary ~ for the operation an~ maintenc;nc;e of the cUlver~ Grantor ~hall I! prosecute the work W:L th due d:Ll:Lgence and, ',pon J.ts cornplet:Lon, I~ Grantor shall return the property to grade. - I; !Ii ...J It) !: c-""', wO?~ I: C) ... M I: .. :z< >- oJ :: 0_0:\0,,' '-..c< .' z 0: ~:r: :. :r 0 .... (.) /. ::):1:-< ' _ to- :E w '1' ~o:: .m! x 0 U) >- I~ ~(j)C2 . wo.... . :w:;Mw', :5-0 .: \" :=; i' 1\ .Ii 1'1 .____... __._,~~./:r JmlnJlI/l"Ill prrJ'l1ml /0)': . , \~ :.. J~ ~ \~~ .. . .......- -.-. ~ o I") :::> => :.0 X) .:3' Lf) ~ :E 0... r- , x c:t -, ~ 5!! .0- ..0 , ...... ..' I. . . . . -4. 0- cr t.n . r- :t- to r--, '........ ' ~ i . I (,A/ '--V '--- #4' -_. .. THIS DOCUMENT PREPARED BY I'ftECOftD AND RrnJRH TO: "'ichIeI k Seh,.." ~ (Me Lincoln P\Ia. s..-. )01 1900 Qa6a !toed eoc. Raton. Floridt ~1 Doc. No. 3980-8 . 'oun.CUIM DUD RAMCO FORM 0 This fluit-l'aim llced, ~l'C'ul('d lllis 18th cla)' 0/ December LAKE WORTH DRAINAGE D.ISTRICT, a special taxing district , A. D. 1965 ,by II first parI)', 10 WINCHESTER, WINCHESTER, Partnership, U,hOsp.posloffic'l."addr('ss i~ c/o Michael A. Schroeder, 1900 Glades Road, Boca Raton, Florida 33431 $l'('Ollrl pnrl;\': Esq" One Lincoln Place, 'Suite 301, ZEIHER AND SCHROEDER, a Florida General I I II i: It II Ii 1\ " (\'-hr'''\Tr u,"nJ hru.;n .hr Irrm~ ~I'hnt pJrt'\ U :and ."f"C"'l.nd J1Jr,,'u shaH inrludr sill.:ul:u Jud I.lural. hrin, 1t'lI.l1 rrprrltnUlhor'. ,and :ani"n! n( Jndi\"idu~h. .and thr tU((I'Unn and a.uip:n\ o( co:",pora1iun\4 ""htrr,'rr rht conrc).' 10 .dmin nr rrquirrl.) lfIitncsscth, Tllal II\(> said firsl pI..' I)'. Jor Clnd in C'onsidC'roliorr of Ill(' mtT1 of ~ lO . 00 in hand paid h). Ih(' said srC'ond parI)', I/IC' T('C'('i,,1 u,ll('rC'of is I1rr('b}. oC'knourlpd!j('cl. dop.t I,('r/"b)' r('mist', T/". Ipase' and quil.daim unlo Ihp said srC'ond par/y Jor('['('r, all /11(' rig/ll. iii 1('. in!/"re'sl. doim nnd dl'mand u,/lid, ,hI." said {irs' parI)' lIas in and 10 till." follou~in(J cll'sC"rib('d 10/, pil'cC' or parC'/"l of Janel. situall', l,'ino a'lel bping in tIll! Count). of Palm Beach Sloll' of Florida , lo.t/lil: See Legal Description attached as Exhibit "A" /o,uv ,0, ~u ,50 uoe_t.,.,. t'all rd I ,...)0_ I tnullalbh Tu N. Cl.~:I~~~'lortAA ': .... ..... .; i, 10 11a(l~ and to 110(d 11,1' saml" lO!J<,III('r will, 011 and singular ,I,l' appurl(IManC"~s th(,T~unlo b('longing or in. all)'u.is(' a"pl."rlainina. and all ;JI(' ('slal('. rigId, 1iI1l'. intt'rt'sl. lit'n. ('quit)' ancl claim what. sO/"I'er 0/ rllt' said first parly. ('illlN in lou' or I."quit)', (0 (Ill' on 1:.' prop('r U$('. 11l."n('fil and bl'lloof of 111(' said sl."C'ond parly /or(,l'('r. H )n tffitness lffhcrcof, Th(' said firsl pari)' lIaS .~ianl'd and sl'n/l'r/ 11 /irsl above wriUtm. " Sign~J, sl."oleJ and delivcr~d in pr/!sl."nce of: !) ...~..~~..::::!..~.......................... I. ..L'tf...1. ~.. (...C'.b..,.:/.k.t:['Y~ ..-............................. If ~I . I . !II STA TE OF FLORIDA, } COl':-':TY OF " ,/1('$(' pr(,sl."nts ,liP do." and year LAKE WORTH DRAINAGE DISTRICT : :-: . .: ........... ...................................................,............... ........m, ': ay..L,/L. . -..~..~:......CD Its Pres' ent '. .' ,. .. Attest. ,See I y. this da~'. bdort' mt', an in lh(" Slate a(ort'said :lnd in thr Count)' :I(oresaid to ,ah :I("Kno"'.)t'dgmrnts, prrsonall)" appeared I. II II oflk("r dul)' 3uthorizt'c! !; :: KERMIT DELL AND JAMES H. RANSON of LAKE WORTH DRAINAGE DISTRICT il to me kno....n to br tht. pt'rsonS describt'd in and who cxc("u't'd Ih,' (orr!;oin~ inurumrnl ..nd they aC'knowJt'dccd " I: b,'(ore mt.' that they rxt.'culrd tht' samt'. '1 WIT:\ESS m,. hand ane! official s(31 in thr, COUnl)' and 5101'1' Ias. .{or.L..:l:d this j: '1t1th da,. o{ II II December A. D. 1985. ~ f.": C' . t ."f f ._........:..CL.~2A::. ... .....~:. !:.Z.}:.!-.~, C::~.~y................................... t.I-,\". .. Pu'.'" ('..,t,.. d~ .~..,i.:.~ ft.' t..'~..., .. .0.' ,.. '. ......... v I .~/.. "'~ C.~mn1:~:sl."~ t1.::':;"'~ !::r:,. '.:. : :.~'J . ~ I..!. r f ~.: J~" la~:"~;,(: .. .."." .." ... . ".. .. .:... 0" ... MICHJ\EL A. SCHROEDER I ESQ. ... . \' ~ /,.... , , , ---.. \ ~ , .,. .. ',. ! That portion of the South 25 feet of Tracts 41, 50, and 52, all in the Subdivision of Section 19, Township 45 South, Range 43 East,' as recorded in Plat Book 7, Page 19, of'the Public Records of Palm Beach 'County, Flor4da, lying immediately north of and abutting Parcel A described below. TOGETHER WITH that portion of the North 60 feet of Section 30, Township 4S South, Range 43 East, lying directly South of the above described land, also described as: The North 35 feet of Tracts 3, 4, 5, 6, 7, and 8 a:1d the 25 foot road lying between .- .;:.... these tracts and the North section line of Section 30, all in Palm Beach Farms Company Plat No.8 of Section 30, Township 45 South, Range 43 East, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County, Florida, "lying immediately north of and abutting Parcel A described below. Parcel A The West 194 feet of Block 3, being that portion of. Lots A and B lying North of State Road 804, PALM BEACH FARMS COMPANY PLAT NO. 8, as recorded in Plat Book 5, Page 73, Section 30, Township 4~ South, Range 43 East, Public Records of Palm Beach County, Florida, LESS the North 35 feet of the West 193.7 feet. ) ) ~ ' 1". RECORD VERIFIED PALM BEACH COUNTY. FLA JOHN B. DUNKLE CLERK CIRCUIT COUR! :) i , , . ".." , ,':' ,~", . . . . ' . . .. " , I " , '" . ..:...., . ......;'. ": ,:': :;.~~,:;:; : . ..~.~~;:~.;/ ':: ...: .~ ," '.' ., , , , . r-, " '\ '. :'t' TSXWEST JA/'l-l-:>-'91~ 16:30 rD: LAt.J OFFICES pqL~ TEL ~D. TEL NO: 407-2-11-879:3 J a n J.:l,~" u ,'... '." n ,,'. ~ .. i-- ...,_IM ~)J 3 5 . P ! 2 ~ : mnig1J!tb1!'~:t;':. "", "",ufT nl~:~"" r... ) 1~ 1l\~tn:IM'fl\ P!~ by Jt'ltt ~~l'i. b1. U. 'W 0 P",,"-t:II ~ TO;\QUO ~ TOJ~ fl. A. P'. Q. o.....u. III o.t t. :to II.. ..,,, ttTMln- ~Y'I'I': tWI MACH. n.oalb.\ u~. ftW "'-'M ..........,.. "'" ..",,~. ....__ .... ... ~ .. ...,,.. ~ ~ t#.f ......... ... ~ . .u ._... --...~., U) .",. c:> t'\i Cll) 3l' WW r-7 r,r~:, Um lv ~1 . L'-" , er.ty JI. '6." . .Sn~h UI'l aM Tury 1(, tl(lB. . th\!h ..~ o/llL,Cmn.J'J~ (J.AJ.l'I...v...l<'/ .St.."~ ltlchl101J1 ,,...__..v ~KartSieJt, ~!~CJcemR. 7.1l11'm1t l\nd SCl~):, .~ FloridA C'..4>l\17rlll ht'e".t'$M~ I t',~/tO'I,~~u!tr1"1.! !:ulttl 200, Cl)rooY\v~.1th 11d4., un EUt O'IlciA.Trd ~&.\:'\ .t't'du~htJ U ../II4ttC_roIVt:! )r<l'llmf .Sll:fuf rIorld.a Utld",nt.!~.. .'iitI~L ; Ii ~ :r;..,1 ~ I>"AlC--.!M ,AJ hI t~tWl\ :tf I)., MJ'JfU{ 1l'J. o.~ o.l:oot't', ",.w! ",JrM".,.., MJ ~ ('(>",ldl""wn~ '(0 Hid ~:'II"tM /1t 1w<<ol)QC.II ~ 1Itl,r/ "......fff, rl.c ....'ffi,.,t ~ U t.....~ ir.~lt~. J... t;nfl'~", ~/IJtI...d....c JtJd 161M ,.~ ~..AII lrfll;jf"..', ~,~~~...,.J ~f-""," 14t'IJL.lllnt~'In..IWi,ml.&ll~.I~",.rwl""'~il\ t>at,. kach C....~~.........It. - 0') .-. ~ {;J ... ;.,; OC' ~ ~~ (1'1 -.m . t--. i1w l(ut 1~ rut of l!:lod: 03, b.1ni 1:h;t po~thlf1 o! L6~! A , " lylnl f(ortk or #lIto A:lrld 80.:, Pa'. nOtCh flru CoapM)' PlAt ~, !, ..~ ~1Uod In "In N-o~ S jl1l!" 73, SocHon 3/1, Tt\Wl\lIh!, .cs toot}" hr.!;. .(3 ~t. Pt.l1Jt~ llc~r-dJo 0 r 1'.sht lMleh County, flondA. . . 'f ~\'" ;;. -~;tl.O!C'NrAk\. '" . "- '1 nO~A SUR f^X:= . f . . ~ .1 ~ f " .: ~ : ~: .. f'~t UII", I't ,~ a t s sf g f ;0:" .. ,- .. .'1 v_ III~ := ~ II I ~ (k~) I ......... I . fl"J( J !.':' HJd ,,.. ..,f tN1 """'bv lv/Ill '-'41""'" ,M 1111".. .~1.lI14,..(. lWO(] vXJ1 tkfrtWS Is., 1.n\/ "4:.'lI.Jt IN" 1_.ft,J tl""'J IY'.J~" -'~~'" !-I I ~ 'l.~ ~ ~t"tm', . C'/C,,'''' 'wI J,t'r#Vl\r.. uI tlolll/....., I."r,d l/!oW "'41,,,,. iLlv .rwt .,...... /.Nf ..P,,"'# ,,'r/llrn. . ~'- ~ to S/ltf.W. J.#.W ~4Ii tkfIL~,itd 'ft lXI' """/~rIte,. "~., - ~ _..:.z~' __;/. u.~t.t:/l.b .dJ,.,...._ c;/j, , ~. "~ISt>t') I, ~"'..l...::,t. ~~WOl2:~ G.,y....~u/j .,1'...../'-"// . ~ .......y.....,. IP-".,,,,,/,,A v(, tc.,.,,";) 1 ~ - 'rl'.. . _ '-.,!It.I<.:.t . Uv - " . ~ ' (SH ) 11" ~~Yh#~. ..__. ~ (~\..._,:~~~o:.~:' ~~~~~: ---..::.____.,S~" 1/ . :t1'A rt (l) "Hc:II,\ t:~., CfX:N'j; !~F ~A k......,,~ N .D I Ht.IU'.t:' (.f. "'Tift r1..., CI>1 fl,/, <!tlW bl/(I~ '''1', dfl f1/flN't ~t" ~1AA1,flN I... ':tlt ol..h"!f"""t...rtlt,. (<o'Ilthul1r 'l'P"l;wd -_,.,._.".. ___....../SNlt ("~ ry H. ~ '.::. 1I ' ~(l.t\'.trn#"'r;,n')' Ie, it(>H I ~ s lnih "'''.... . ,t. ,...-., '" .... .1",""11 '1>"1""/" ,~..{!,,~ "',l>.~ . ..' ,.U-nllfil 1M /'"'f''''''' I. .!"'........f """" .~...,.. t~nl wi"'" IIt# 2... ~ ...," .. ," ... frwl"t"'-"kl'!\..!" .' :- ~.f......, ....1 '4 Ittty:fV I It'fl'....;/: ~ ~ ,1,.'....1 ;,..S ..!fIr,.,) ,i:U!~ 11>J:(Mlhlt.llo..j~~I"'.lII..jV#YI"iJ ,I." ~. tf.iI..t-""~"Y- "/ .' . . ~..' .... ",';,:~~i ~ ::!d:' ... .r......:::u v.r. '-: o:.r ~ ..;,... _.1" ,,-.....:.t.:': .' . '-.-,.:1 I I' . ~ ,. ~'" y' ./ ~..,r:_ . ~:j -<~ '" ..,,,1 I ....., \..:' I'" .,": ..... . - -- -.' ~..~~ ':,'. f. &. w',v. ," AI,d"~~~&.i" (,.;.""",.:!.,... ..~". ",~ . :,.14"",.,:- ~~t.1>UJ.d I . '0,;'; ~ '.. ..... c.:,,~.;., .\.If 1"0')01"'1.1,",," ,~,.f""" ~ .". M'A1~ ' ""'tEo. \.l. ~,'\' , <<""10' lIlofd. llO. , , ... ~. -0loI' U..~^.I:""4..f';'t.:. ". . I I ! il ..__...li . .. '-~....<oo_._.. H081 P82 1. u 'LoU I, v.., J . #7': ; i t t ~ i ~ ) t t ~ ~ t ~ I f ~ , i .I , 1 . ': i i I ,. , , f 1. ~ '. v.' , , ,f;\ \.J -- ID: LAt,} OFFICES TEL 1-10: 41717-241-[1798 ~e101 P04 TEL ~~o. - J,:ln l<:l,YiJ lb:1Y _ ,"',U:.:! .- It ......-. --- --....- . , JA~~19-'98 16:32 rS>:WEST PALM ....... ....... ._'.. ,. I ..... .,"'.......,.~.'" . I _ ........".._~~....~....._ ......_... ... ..... - Jll-17..t9&7 11:J7u Pi7.....: ~ :-::.... '.":~ RIGHT-Or-WAy-otf:O --- ..-- .1 Till.!! INOENTU1U': HbodQ thl., ~1t1\ ' day ot -ArlrH _, 1!J1$7, bqr.',Joon \HHCUES'rER, WIHCHEgTER, 1E:!Ht.R. A.~-SCHRoeDt:R, ., f'lot1dll Ge'Hlt'al Par~n.r.hl.pr bO pt1rty of lh6 Hl."s~ plJrt., Md the CIT~ or DO~N'rON 9f:ACIl, rLOP.tDh, M ~.ar1:,~' ol ~ho soea"d psrr., HI'tNeSS~TIl, \:.htl\: tho- lfo~id fHty o! t::J\O Ci~l\t p.1:t't., for: al'ld in conll.c3U'lIt:{on ot. th. IIvm ot Ono ($1,00 I DOUbt' bl'\d Qtho~ v.l1\Jwblo con.it;le"lltI.Ol\ti, p~ld, ('.oetip\:.' Or: \lhieh, {4 ;...H6bY lc:knO\ltodQfI<l, do htH'nby Qrllnt, readao, l"ltl~u..", quit CLllllll and convey unto tho part.y of th. ..cond pArt, it. IHICCCSSOC'/J tone! a..iOr'ull, al!. 1:lQht, Utltt, intllol"tlJt, elai~ and dCl1land wl'ich tlat party ot th6 Brat. part hA. In and to tn. !oltow1r.<<; d..,t:db.d 1."t1, 51t,uat:c, \ylnl) and bolnlJ In' th~ COVI'lt:y of PlllM Dqbe-h, StHl\ ~f rlorido. to-~il: ~~O txhibit -A- ~~t..ch~ h.r.eo III wnm:ss t..'HER!:or; f'.l.O\: t)1I(t;y h,)., h:)t'ounto "et ils:: hbn~ ~nd ~.ol tho dbY ~nd YOAr flrGt above vritt.n. WINC"f:!;T~lt, WItlCIICS1'l:R r ZI:': r Itf:f~ A~D CH~OCOCR, 8 Flori6a C.n .L p~rtncr8hip ~i ~, MAlod ~t't(J'" .ilverod th. :~ZZe 0 : I . C~ I:>, /':'~L_ -:- _ 1r, ~..Q~ojl.o..~ ~' ... ....b.. _ P;lt . , a1"21J7bb Con 1.00 Doc: .~ JCffi 8 ~EI ClEr<< .. PB COWTY I Fl"- STA~~ OF FLORIDA COUUT'l or f'At-M Df:^CH I HE/ltllY Cl;R'l'Ii'V thot or. t.hl. day, b.,Cot"e ;':10, an oce ic:ut' duly .llthorl.z6d In the Stat. .nd County dore.did 1;0 tlll(c lIcknowhdgemcotat ?V!'aonally .PPQ~I'.d ~lIOIAf:I. A. SCIlROEDUR , a GeflO,.l?.ar tMl:' of: WI NCtlE51U, WI/{CHe:mR-;-Zf.ITIl1f'JJ.."Ir'ErCiTRo,rD~;R, . a Plor'hh Qwnwr./l'l plI'rl,)cr8hlp, ,..hon rtllme is Sil,1Md c.o tho IlQ()VC doculIIent heo this day &.Ckno\llcdO~ the U!:lO before !nQ 11'1 :'IV ,vrLQdlctio~ ~EQr.6ald. W1'l'l'lMS my hanlJ laW StAt. laat arOC~$.id .thi. ! a.d .in l;.h~ County.. ond ._-&.1:.1..1.___' . ~~~7'i:. . ,..,. ..... . ... 'I.... ..~. f..~~ " r,~ ~~\".' ftrl-\.J...L.~ · t. . :. ..; ;: . . .. U C ." ',. .- . .. . . ". '.,. .,. Hy Commi..ion t~plr~~l IlnTA1IY l'\I~~:-, '; .,:, ,.' '-l~r.'j' l:r lC'''''''-:,', t ,. :'" :~. 't~, .....'l') t.,.,'.. ... f. -. .t'. "'JIII":I...,_~t,..". .... . , . (\-Ill II) ," 'n'" ee.eus..wm ~.,o 'P1V./M~ AHo l\mM.l'O; MWoI.l~. ~ Owt~,.,..,.,~,)a1 I ~ ~ ....., ...... , ,.... F'l6n<lI >>c 1\ 1.'/ /?; 1;.1. 'f.-:~ I I: ~ .f!~'=,r... .',. '. :.!, t,: ", 'O, :., . , . '0' " .... ..10' . .~ "~I . , .~ , J .. \ . 7f-l:'1-19-"30 11.:;: 31 I[l: L.A!}J OFFiCES TSXWEST PRLM TEL No. o. __ .-...-MP--'____....._.._ ___... )..... . ........~~. . '''1 . ,. --.-...-....-..... , ... TEL ",10: ':;::)7-2<1 '1-079:=: !:l001 PO:: ]a~ 19,90 15!19 P,03 .1 _ ., ' " .... If~I( . I~' t~: ..., .~ "":'.. '.',,'l. A PAACl:t 0<" lA-O l\'f' , SEC1IC:t-1:.. ~... ,If' T~{" ll~ ~, W~E: Tf} ,Wl, U1C>( " ,4:', JP~Cf.~ ~1N:i A ~r:'~J-! Of' LOTS ~\ ~ ~I &.OC~ ~, I.'W'~ "~.TH Ol' STAT! ~ !01t, J.S .. ~; ",f,CM!)l!D lN PlAT Cl' ~'ALJ.t B~l r-~ COJP,AJ;t PiA,.' ~', 8, IN !'tAl BCO:' 5. f',Il;l!. ~~ OF " 'n'E. rvrn..l c P-tCCA:>5 0/ F'ALI.I r' ~,"'.:H r:;;:vITT, I't.C~UrA, 5.z.. yo "AAl;el. af! tf~ H:lltl 1'1:0.'1" 'L"t$Ot r 11et> :..:. ~O'~t.CWS: . W.~.%.t,S. RIW roo ~~f!) 'RH~STEll. I-W..I.. ~ 1; C~H~. AT ~ SCtJ'!l1EAST 'COO1'eK O! S~CTIC#i H, iCl.\'N'5HI" ItS ~'VT'tf, ~ '1.5 W't'~ ,~ ne.,oce wl'rH A ~~"l~ Of' ~00Tli ar. ,H~' ~~~I W'!~T, ,.l.LCN; n.~ SCIJll'{ l.tt-l: ~ ~ect'ICN 19, , ';' A Dl$TNl;f: ~ 937 ,I~I I'flTJ 1'l-f>i.E ~tInf ^ e;-.'.: i/.t: t;f' SOtJni 1. .1&. ~,Il 1'.),$':', A OISr,AJU :.' '!1 Of liO,5lf ftET TO 'n-ll! ,.......,. !S~tl.(; n€ I"o;W Clf' UOll'Mn:; ~C!: \(I'Tli." ~[AAI~ Cl" ',,:'..,/: ~.14S. ~,I ~.;" ::'.:', ,~ (;a~,"')":~ ' .,5.71 nrrr TO J. POW: Ct>t M I\;f{TM KICHT Of' . ' , ,~ \""torA,.. l.ll-E.:' 't'.r tiC... tIO'!'.:rv-.; ,RCiAD (~.Jl. ~~~) ~~ WITH ^ nr!.N:tm C!' $~i'H 31/11 ~2f It'" .;; t.' lif:ST, J.l..C'-, , ~ -:'" N...iR'!'."" or 'oIXr ;.1r-€ c.~' ~-?T"({U" 1".0,4,0 A olSTm:r: c.t' 2;, jO l"'l!!:''I' { tl: n-fNc~ ktn{ A 6E.AAl/'oU O!= ~ll,~"i 10 111'. ~3" ~H, ^ OlSTM:t: or 2~,SO l'Ea' fOlU': 00 LI!S-S 14'r.. to tH": ['OIt<( vr etGli-HI!-tit, ;\ ~J' '.: 17 cr<,ntor ruet''''''. ~o",','~rl unt.o:iltu'lE it'" c:u~e.${lot"1 and_ as~Iqnlt, .n EI!:Jt:lllol': '. ,,:' c:ol'ln.ct to, U$C and h~v.. ,~CCIIS.lS, to, without coat, expcr.. ~ c.' ehlrQ'-, th('r-f:r..r.', lIny l{1d All C1t'o'Iintl9~ lJYlltemw, pipelS, dr4l~:! 0:" POl't!~J'\i t.ht..,~,., nolo/ or hOl.'l.tllft"r located in, undltr, ov(~r 0[' tlutJ\lQ''' Ult! ..gllt-ot-vii' or 1\0111 Ol:' herea(ter pt'ovidlt'1<] tor st.orm ~ator .h'~l...Age int;o tll. r.-:!A canbl, ,,1on9 with olIny and all drainlQ'll lIytl;,;.".., plp~1l1 dr.a1nt or par- . Hone there,,! nOW 01':' he reaftwr pro....' ',:, for ~:", !naot from any pot't:.{Ol\ of .~ t~ d9ht-of-....~y L~to ..~)' C... ',ontto!'! ,ond EfI!;'II'LnQ ~~MO, inel~dln~ tho ri~~t to u,o ~r~in~~9 l1noQ now or hQr0&ft.~ under or th~oC1h the rioh~-o!-YlY, ~nd, ~ C(.ntor'~lro$t ~~d expens., to 1n~t.l1 ~nd UJ1 4d~1t!o~,1 draLnk~~ lin.. u~der or thl"O\lOh .A:::$-. ay Clhltln~ t.h{.1 Out! t,') b& n. "I"~I~t.1 \r'I the P\lbUc: ~ocordo.ot'~l~ ~.ac~ CountYI 'lorl~~~_Cr~"t : d04& h.riby con- sent to tha Ale. ~ntion~d ..B~m~nt rt*orvaclo~ 4~d dO~R Qr~nt to Grantor it. luer..l .:ll:g " J ~.,i(:~. ,/10 same It.:,II:tM!)nt riOhttc, ;u: rO~Qt"vnd abov., wl' h r~~poot to ~nd In, vndor &~d tn~ovQh, ~ny elCtcn::lon ot" conat;r;ll"t I~n o! th'6 h~t'4dn det;l;dbed rl.gn\'.'.of-"','),y botY~a~ OJd Boynto~ R,^d ~^d soy~ton O~~ch noul.vard ., \'.hey m~y frOM t!mQ to tim8 oxtat. THe A30YE O~SCRI8ED PROPERTY IS CO~VEYEO fOR ROAD nIGHT Of WAY PURPO~~S ONLY, R~:CORnF.!l'~ Jo.(EW,O: ~b!iil', O'f WrW"f,1')'ptnll tiT Printinpr Un.. tiofactory In UUa ~\ . ....hen ~vC'd. v AlOcono VLnIPllfO PAl.l' H '-CH COUNTY, ft.... :f.,...h ~ R. ::tt.Jr~){lL! w. CIHC\.'.: '::()u'" .,.- ".,~.. .,. . " 1 , .\ ~ ~ ~' ", \ " . , J."" r, .' .. .- , , 'C, i;. .~ ,t, T: 1''- ',' .!'.: .: ~ ~. . " ,~~:.' . ~~1 .,.', " .~ i- i" ,~. ,'. .. ',' , 1. ~ r ~ .. l~ .\, .'. .! { .... } ;: '. I, . j' . " -: ~.}. ,. '.', ::' t, ~. . i. r ,.. . .' ,. , ':} r .; ~, rF"T . . ,r-. .' (, ' PARTNERSHIP AGREEMENT THIS PARTNERSHIP AGREEMENT made this day of August, 1979-~ by and between BILL R.~ WINCHESTER, ELSIE l'1INCHESTER, WILLIAM A. ZEIHER and l-1ICHAEL A. SCHROEDER, (herein referred to individually as IIPl\.RTNER" and collectively as " PARTNERS 11 ) . In consideration of the mutual promises hereinafter contained, the PARTNERS agree as fo~lows: 1. FORMATION AND NAHE: The undersigned parties do hereby form a General Partnership under the name WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a F.lorida General Partnership. Each PARTNER agrees to execute the necessary documents to comply with the Florid.::. tict.it,ious name statute. 2. PRINCIPAL OFFICE: The principal office of the Partnership shall be located at 9290 Nickels Doulevard, Boynton Beach, Florida. The PARTNERS may change the aforesaid office or have additional offices as the PARTNERS shall deem advisable. 3. PURPOSE: The purpose of this Partnership is to purchase property described on attached Exhibit IIAII (Partnership property) and to lease and/or sell such property as determined by the PARTNERS. The business purpo~e of this Partnership shall be limited to this transaction. 4. TITLE: The legal title to the Partnership '. Property described in the preceding paragraph is to be held in the Partnership name. 5.. TERM: The term of this Partnership shall comm~nce on the 30th day of August, 1979, and continue.until August 30, 1999, unless sooner dissolved or terminated in accordance with the terms of this Agreement. / . r:"') . ~,. '.. 6. CAPITAL CONTRIBUTION: A. percentnges: Capital contribute~.to the Partnership shall be in the following percentages: Bill R. Winchester. : .25% Elsie Ninchester 25% t l'1il,liam A. Zeiher 25% Michael A. Schroeder 25% D. Initial Contribution: _ On or before the date of the closing of the purchase of the Partnership Property, each PARTNER shall contribute in proportion to his respective percentage~ all of the cash necessary to pay for the cash down payment, closing costs and other sums necessary to close ~he purchase of the above described property. PARTNERS will make their initial contributions in accordance 'with the schedule attached hereto as Exhibit "BII. The PARTNERS shall contribute additional capital to the Partnership in proportion to their respective percentages only if suc~ contributions are required to enable the Partnership to satisfy obligations which shall arise after the date of this Agreement, and are to be used -- exclusively to cover the costs of: (1) Real estate taxes and assessments on the property or improvements; (2) Payments required to be made pursuant to any mortgage on the property or improvements as well as the expense of curing any default under any such mortgage; (3) Any costs expended for the maintenance or ordinary operation of the Partnership Property. (4) Any alteration, repair or replacement required by any present or future law, ordinance, order, rules, regulation or 'requirement of any federal, state or municipal government, department, commission, board.or officer, or any order, iulc or regulation of/the National -2- ., '. . Board of Fire Underwriters or any other body exercising similar functions: (5) Any amount required to be paid pursuant to any final order, judgment, "or decree of any court or governmental body having jurisdiction: and I (6) Any other item of expense if approved by the PARTNERS specifically or by inclusion in a budget which has been approved by the PARTNERS. D. Delinquency. If any PARTNER fails to contribute any portion of his capital, or additional capital contribution to the Partnership as provided for above, such deficiency shall not reduce the delinquent Partner's share of" the profits and losses set forth in Paragraph 7 below. Such deficiency shall be paid out of the reserves provided for in Paragraph S.A.3 below to the extent such reserves can cover such deficiencies. If these reserves are insufficient to pay such deficiency, then any PARTNER may make a loan to the Partnership to cover the balance of the deficiency. Both the money expended from the reserve and any money loaned to the Partnership by any PARTNER for payment of same shall bear interest at the rate of ten (10%) percent per annum from the date it is paid to the date of repayment. The interest due and the "money loaned by any PARTNER and the money expended from said reserve shall be repaid out of the percentage share of distribution due the PARTNER who has failed to contribute his share of the needed capital of the Partnership, or out of his capital interest in the Partnership assets in the event of the termination of his interest in the ~artnership for any reason. To the extent that the , percentage share of distribution due the delinquent PARTNER is insufficient to pay the sums due the Par~nership or a I -3- , . ". .---\ (~, . . PARTNER for any monies lent in accordance herewith, the Partnership, or the PARTNER loaning the money, shall have a lien on the delinquent PARTNER'S capital interest in,the Partnership. Any and' all payments from the share of' the' delinquent PARTNER'S distribution or capital interest.shall first be applied to the interest due and then to the repayment of any capital deficiency. '7.. PROFIT AND LOSSES:, Each PbRTNER shall have ,a percentage interest in the net income and net losses of. the Partnership, including cash losses, and in the net cash flow distribution defined in the next paragraph, in accordance with the following percentages: Bill R. Winchester 25% 25% Elsie Winchester william A. Zeiher 25% l1ichael A. Schroeder 25% 8. DISBURSEl1ENTS: The rents and other funds (other than funds receiyed by way of initial or subsequent capital contribution .by the PARTNERS) earned or received by' the Partnership shall be disbursed or distributed as follows: A. On Behalf of the Partnership: (1) In payment of all expenses incurred in the normal operation of the Partnership business. (2) In payment of the total indebtedness due on the mortgage obligation incurred or to be incurred with respect to the Partnership Property. (3) In retention and reserve for replacement, ~aintenance or improvements of the Partnership property as determined by the Partnership. B. To the PARTNERS: 11) The net operating cash flow as defined herein shall be apportioned among the PARTNERS and the net losses of the Partnership shall be borne by the -4- '. l ~.... ,,"....' :1 . Partners in accordance with their respective percentage shares as set forth in Paragraph 7 above, provided, however, no PARTNER shall be entitled to his share of the net operating cash flow if on the date of any distr~bution any sums are due from said PARTNER for capital, including additional capital, contributions as provided for in Paragraph 6 above. (2) The term "net operating cash flow" as used herein shall mean: (a) All monies received during the calendar year, other than capital contributions, and the proceeds of loans; (b) Less all monies expended during the calendar yearsj (,:) Less any r25'~erVe for contin- gencies provided for above. (d) The net operating cash flow of the Partnership as thus computed shall be distributed at reasonable intervals, as determined'by the PARTNERS at their discretion but at least within three (3) months' after the close of the year i~which earned. (e) The depreciation of the building, equipment and other improvements shall not be considered as a deduction within the aforesaid definition, but the method of depreciation for tax purposes shall be determined by the PARTNERS. c. Treatment of Losses: All losses incurred by the Partnership shall be allocated to and borne by each PARTNER in proportion to his respectiye income percentage as set forth in paragraph 7 above. 9. r11\N1\GEMENT OP THE P1\RTNERSHIP: A. Overall r1anagement: The overall management and control of the business and affairs of the, Partnership I shall be vested in the PARTNERS collectively. Except where. . .' -5- , . f . . . . . "...', \ herein expressly provided to the contrary, all decisions. with respect to ~he management and control of the Partnership approved by fifty-one (51%) percent of the PARTNERS shall be binding on the Partnership ,and all the PARTNERS. B. Major Decisions: No act shall be taken, sum expended, decision'made or obligation incurred by the Partnership or any PARTNER with respect to a matter within the scope of any of th~ major decisions~(hereinafter called "Major DecisionsI') as enumerated. below, unless such of the Major Decisions have been approved by fifty-one percent (Sl%) of the PARTNERS. The Major Decisions shall include: {I} acquisition of any land or interest therein; (2) financing of the Partnership, including but not limited to the interim ano. permanent financing of the improvements and operations of the ,Partner- ship; ,. (3) sale or other transfer, or leasing for any terms; (4) mortgaging or the placing or suffering the placing of any'encumbrance on the Property of the improvements or any parts thereof; (5) terminating or modifying any lease or other arrangement involving all or any part of the Partnership Property or space in any of the improvements if such lease or other arrangement was required to be approved by the Partners pursuant hereto or if such modification would result in a modified lease or other arrangement which, if it , were a new lease, would be required to be approved by the PARTNERS pursuant hereto: -6- i I I ~~ " e ',I' . (6) construction of any improvements or the making of any capital improvements, repairs, alterations or charges not provided for in the budget; (7) selecting or varying depreciation and accounting methods, changing the fiscal year of the , Partnership and making other decisions with respect to treatment of various transactions for bookkeeping or'tax purposes, consistent with the other proviflions of this Agreement; (8) approval of all construction and architectural contracts and all architectural pla~s"specifications - and drawings prior to the construction of any improvements contemplated therebYi , (9) varying or changing any portion of the insurance program required by paragraph 13; (10) Determining whether or not distributions- should be made to the PARTNERS except as set forth in Paragraph 8; (11) making any expenditure or 'incurrfng , any obligation by or of the Partnership involving a sum 'in excess of One Thousand Dollars ($1,000.00) for any ,transaction or group.of similar transactions. (12) determining the maximum and minimum ~ working capital requirements of the Partnership; (13) the adjustment, settlement, or the compromise of any claim, obligation, debt, demand, suit or judgme~t against the Partnership or Manager; and (14) any other decision or action which by the provision of this Agreement is required to be approved by the Partnership or which materially affects the Partnership or the assets or operations thereof: / I -7- , . I . I'~ \:., "- (15) approval of management contract. 10. COMPENS~TION: No PARTNER shall be entitled to any compensation for services rendered to the Partnership in the transaction of Partnership business. II. BANK ACCOUNT: The funds of the General Partnership shall be deposited in in the name of the Partnership or name of its appointed, agent managing the funds of the Partnership. withdrawals from any such account shall be made upon the signature of any' one PARTNER. 12. BOOKS AND RECORDS: At all times during the continuation of the Partnership, the PARTNERS shall keep or cause to be kept, full and true books of account' in which such shall be entered fully and accurately each and every transaction of the Partnership. Such books of account, together with a true copy of this Partnership Agreement and all amendments thereto, shall be at all times maintained at the principal office of the Partnership, and shall be open to the reasonable inspections of the Partners and their duly authorized representativ~s. A copy of the Balance Sheet and Annual Income statement of the Partnership shall be transmitted to each PARTNER within sixty (60) days of the end of each calendar year. If any'PARTNER desires the books and records audited, he may so request within sixty (60) days prior to the end of such calendar year and such audit shall be at the expense of the PARTNER requesting the audit. The books of account shall be kept on the basis of an accounting period consisting of a calendar year and utilizing the cash method ". of accounting. 13. INSURANCE REQUIREMENTS:' The Partnership, shall carry and maintain the following insurance, the premium ,for / -8- ." . -:iJ. .7....,) ~ I ~ ,..., , .'J J ,~ ,oOIJ~ h&.:..-' 1 ( .E-~ I Ir-"~\ . . which shall be ~aid as a cost and expense in connection with the operation of the business of the Partnership: A. Comprehensive Liability Insurance: A Comprehensive Liability Insurance policy on an "occurrence" basis-for the benefit of the PARTNERS and the Partnership, insuring against claims for personal injury liability, bodily injury liabil~ty, including death and property damage li.abilit~. .!/?) d The limits' of insurance shall not be less than per occurrence for bodily injury and not . less'than {IlJ per occurrence for property damage. Said bodily injury. and property damage coverage shall'be extended to include hired cars on an lIif anyll basis. , arid employer's non-ownersbip coverage. B. Insurance During Construction: If the , Partnership enters into'a construction contr~ct, ~he Partnership- shall be supplied with Certificates of L~ability Insurance from contractors and .subcontractors providing for liability limits in accordance with Paragraph 13-A above, an~ naming. the Partnership as an additional insured, and shall obtain , -' ,Certificates showing contractor has requir~d coverage under Workmen's Compensation Insurance laws. " C. Other Insurance: Such other insurance as may be required by any mortgagee lo~ning money to the Partnership may be obtained and the limits of the above described policies increased if required by said mortgagee. D. Partnership and PARTNERS - Named Insureds: . ~ll of the aforesaid policies shall name the Partnership and. each PARTNER as the named insured. 14. TRANSFER OF INTEREST OF A ~ARTNER: Any PARTNER may transfer all .or any part of his Partnership interes~ to his spouse or Children, without ,.. -9- . t ~ ~. .l obtaining the prior written approval of the PARTNERS. Such transferee shall be bound by all of the terms and conditions of this Agreement with same force and effect as if such transferee had been a signatory and original party to it. Such, transferee shall by ~Titten instrument, delivered to ~ the other PARTNERS, expressly assume all of the obligations of the transferor to the extent of and i~proportion to the interest transferred to such transferee, except those obligations which are enforceable against the transferor only by foreclosure of lien or encumbrance on the Partnership Property and the improvements situated thereon. D. General: Any PARTNER 'shall have the right to assIgn, encumber, sell or otherwise dispose of his interest in the Partnership, after serving notice of his intention to do so on the other PARTNERS not less than ninety (90) days prior to the transfer, and provided the option granted to the re~aining PARTNERS under subparagraph (1) below is not exercised. For this purpose, the date of . postmark of the notice shall be considered as the date of its service. The right of transfer shall be subject to the following terms and conditions: (1) Option to Purchase by Remaining PARTNERS: One or more of the remaining PARTNERS shall have the right to purchase such interest. This right may be exercised by serving written notice'upon the selling PARTNER within thirty (30) days after the receipt of the notice of intention to sell, assign, or encumber. For this purpose, the'date of the postmark of the notice of exercise of r~ght to purchase shall be considered as the date o~ service. Any portion of the Selling PARTNER'S interest, upon which there has not been an exercise in writing of the / -10- l"";~"", ~-", .' .. ,'. ", .. right to purchase, may then be purchased by one or more of ) ,~ the PARTNERS who exercised their right to purchase within thirty (30) days as provided for above. This secondary right of purch~se may be exercised wi tJ:1in sixty (60)' days after expiration of the first thirty (30) day period by the service of written. notice upon the selling PARTNER who shall be required to honor 'such notices of exercise in full in the order received. For this purpose, the date of postmark of the notice of exercise of the secondary right of exercise shall be considered as the date of service thereof. (2) Amount of Purchase Price: Where the PARTNERS are notified in writing of a bona fide offer to purchase received by the selling PARTNER for his interest in the Partnership, the PARTNERS may exercise their right to purchase (see Paragraph (1) above), 'at a price proportionately equal to, and on the same terms contained in, the outside offer. An outside offer, in order to be deemed a bona fide offer within the meaning of this Agreement, must,be in writing, signed by the outside offeror, who must be a person, partnership or corporation financially capable of carrying out the terms~of the offer, must be in a form legally enforceable against the outside offeror,_must be accompanied by a certified check equal to ten (10%) percent of the proposed purchase price, which shall be held in escrow by a third party, and must bind the offeror to become a PARTNER and assume all the obligations and undertakings of the seller in accordance with the terms of this Agreement. An executed copy of such offer must be enclosed with the notice sent to non-selling partners as provided in Paragraph (1) above. In the event of a proposed encumbrance rather than a sale, the purchase price shall.be , / -11- ..-. established and ,paid in the same manner as provided for the purc.hase of a deceased PARTNER'S share in paragraph 16 C. 15. THIRD PARTY OFFER: If a bona fide offer is made by some tfilrd party to purchase all of the Property owned by the Partnership and all of the PARTNERS, except one, desire to sell in accordance with the terms and conditions of said bona fide offer, the PARTNER not desiring to sell, shall buy the interest of the other PARTNERS desiring to sell by paying a price equal to the price offered by the third party times the total percentage interest of such Pa~tners desiring to sell and- upon the same terms and conditions as set forth in the third party offer. If the PARTNER not desiring to sell in accordance with said offer does not pUIchase the interest of the PARTNERS desiring to sell within thirty (30) days of the date of the receipt of the notification of the third party's bona fide offer and the acceptance thereof by the PARTNERS desiring to sell, then the Partner not desiring to sell shall be deemed to have consented to the sale of the Partnership Property to the third party in accordance with the bona fide offer and all parties shall sign all documents and agreements necessary to close the sale of the Partnership Property to said third party. 16. DISSOLUTION OF THE PARTNERSHIP: A. Acts of Dissolution. Any of the following acts shall dissolve the Partnership: (I) Withdrawal of a PARTNER. Any PARTNER shall have the right to withdraw from the Partnership as of the end of any accounting year. Written notice of intention to withdraw shall be served on each of the PARTNERS at least six (6) months before the end, of the accounting year; I -12- r ". (2) Death or incompctency of a Partncr, or commencemcnt of bankruptcy or insolvency proceedings for or against a Partner. The death or adjudication of incompetency of any individual PARTNER, or the filing of a voluntary or involuntary petition of bankruptcy of the commencement of any other bankruptcy or insolvency proceedings under applicable Federal or State law with respect to any PARTNER ~hich is not dismissed with prejudice within ninety (90) days after same is filed, including assignment of such PARTNER'S interest in the Partnership for the benefit of creditors, shall dissolve the Partnership. Written notice of such death, etc'., shall be served on each of the PARTNERS by the executor, administrator, trustee, personal representative or assignee of the deceased or incompetent PARTNER or by the Trustee in Bankruptcy or Assignee of the PARTNER for whom bankruptcy or insolvency proceedings have commenced, within sixty (60) days after the qualification of such executor, administrator, trustee or personal representative of the deceased or inco~petent PARTNER~ or within ninety-five (95) days the date of commencement of any other bankruptcy or insolvency proceedings or within sixty (60) days from the date of assignment of such PARTNER'S interest in the Partnership for the benefit of creditors, . , such notice to be made to the last known address as shown on the records maintained at the principal office of the Partnership. B. Effect of Dissolution: (1) Election to form new Partnership: Upon the dissolution of the Partnership by reason of the death, incompetency, withdrawal, or termination of, qr the filing of a petition in or commencement of any other bankruptcy or insolvency proceedings, including assignment' of a PARTNER'S interest in the Partnership for the benefit / -13- r~ of creditors, with respect to a PARTNER, the remaining PARTNERS, (including the executor, administrator, or personal representative of a deceased or incompetent PARTNER)" may be vote of not less than fifty-one (51%) percent in interest of such PARTNERS elect to form a new partnership to continue without ~nterruption the business theretofore carried on by this Partnership. (2)_ Effect of notic~of withdrawal, bankruptcy or insolvency of a PARTNER and notice of'death or incompetency from a personal representative of a deceased or incompetent PARTNER: Immediately 'upon the receipt of the notice of withdrawal of a PAR~NER under Paragraph A (2) above, or notice of death or incompetency, or notice of commencement of bankruptcy or insolvency proceedings, or an assignment of any PARTNER'S interest in the partnership for the benefit of creditors, as provided for in Paragraph A (1) above, a right to purcha.se the interest of such PARTNER shall vest in the remaining PARTNERS. This right may 'be exercised by one or more of the remaining PARTNERS by service upon the withdrawing PARTNER, or the trusteer personal representative of a deceased or incompetent PARTNER or assignee of the PARTNER for whom bankruptcy or insolvency proceedings have commenced, including assignment of the PARTNER'S interest for the benefit of creditors, of written notice. within sixty (60) days after receipt of_the notice of withdrawal or election to sell from the personal represen- tative of a deceased or incompetent PARTNER to sell or within sixty ,(60) days after the receipt of notice of the . commencement of bankruptcy or insolvency proceedings, .including assignment of intere~t for the benefit of creditors. For i -14- ~ this purpose, the date of postmark of notice of exercise of the right to purchase shall be considered as the date of service of such notice. Such right may be exercised.in such proportion as the percentage interest of each purchasing PARTNER bears to the total percentage interest of all remaining PARTNERS.- Any proportion of such PARTNER'S interest upon which there has not been an exercise in writing of the right to purchase, may then be. purchased by one ~r more of those partners who exercise their right to purchase within'sixty (60) days after expiration of the first sixty (60) day period, by the service of written notice upon the withdrawing PARTNER or upon the trustee, personal representative, of a deceased or incompetent PARTNER or assignee of the PARTNER for whom bankruptcy or insolvency proceedings had commenced, including assignment of such PARTNER'S interest in the Partnership for the benefit of creditors, who shall be required to honor such notices of exercise in full in the order" received. The price at which the interest of such PARTNER may be purchased shall be as described in Paragraph C below. If none of the PARTNERS elects to purchase the interest of such PARTNER, the interest may be transferred to a non~partner under Paragraph 14 above. C. Purchase Price of ~vithdrawing, Bankrupt, Insolvent, Incompetent and Deceased PARTNER'S Interest: (1) Purchase Price 9f Deceased PARTNER'S Interest. If'the surviving PARTNERS shall elect to purchase the decedent's entire Partnership interest, the purchase price shall be the book value thereof, as it appears on the' book~ and records of the Partnership as of the close of business on the date 'of death or such decedent, as adjusted / -15- ;YA.....t- I ~ e. . ... . by substituting the fair market value as of such dat~ in place of the book value of any real estate owned by .the Partnership. Such book value, adjusted as herein provided, shall be computed by the accountant regularly employed by the Partnership in accordance with the accounting practices l regularly followed by the Partnership; in. cases not covered by ,such practices, in accordance with good accounting practices. No allowance shall be made for good~ill" trade name, patents, or other intangible assets, except as those assets may be reflected on the Partnership books immediately prior to the decedent's death. Such book value shall include and reflect the decedent's capital account as at the. end of the last accounting year as shown on the Partnership. books, increased by the decedent's share of the Partnership's n~t cash receipts or decreased by the decedent's share of the net cash losses for the period from the beginning of the accounting year in which his death occurred ,until the date of his death, and increased by contributions to capital anq decreased by withdrawals during such period. In making the adjustments for the:fair market value of the real estate, the accountant shall rely on and use the written appraisal of a licensed real estate appraiser, agreed upon and retained by fifty-one' (51%)' percent of the PARTNERS for that purpose at the expense of the Partnership. A statement showing such book value as thus adjusted, and supporting items and computations" including without limitation a copy of the real estate appraisal relied upon, shall be completed by the accountant and copies delivered to the legal representative of the deceased rARTUER'S estate and to the surviving PARTNERS before the expiration of the period in which to exercise the aforesaid options. Such book value, as adjusted, as set out I -16- ,,'- , in the' accounta~t's statement, shall constitute and be deemed to be the purchase price for the decedent's entire interest, binding upon all parties hereto, unless and until , changed by written agreement of the parties, or by arbitration award as hereinafter provided. (2) paynent of Purchase Price. If the deceased PARTNER'S entire Partnership interest is purchased by two (2) or more surviving PARTNERS, the portion of the: purchase price payable by each surviving PARTNER shall be the sums determined by multiplying the purchase price for the entire Partnership interest by the fraction representing the portion thereof purchased by such surviving PARTNER. The purchase price to be paid to any PARTNER shall be paid in cash on date of closing. (3) Closing Date and Place of Closing. The closing date shall be within thirty (30) days after the date of the last election by any PARTNER to purchase the, deceased PARTNER'S interest. The exact date within such period of time shall be agreed upon by the purchasing PARTNERS, and the' closing shall be held at the principa~ off~ce of the PARTNERSHIP, or at any other place agreed to by the parties.. (4) Closing Documents. On date of closing, the purchasing PARTNERS shall execute and deliver to the decedent's personal representative the cash provided for above. The decedent's personal representative shall deliver to the respective purchasers appropriate duly executed instruments of transfer and assignment, assigning and transferring good and marketable title to the portion or portions of the deceQent's entire Partnership interest thus purchased, free and clear of all liens, ~ncumbrances, or rights of others therein. Also, on date of closing, the personal representative / -17- '" ." . !.. shall deliver copies to each of the purchasing PARTNERS of a specific Release of Lien for Federal and Florida Estate Taxes. The decedent's entire Partnership interest thus transferred shall comprise all of his right, title, and interest in and to the Partnership, its firm name, and all I assets thereof, including but not limited to the decedent's capital account as of the date of his death, his share of any undrawn profits for any fiscal year'up to the year of his death, and his share of any net profits from the beginning of the fiscal year in which his death occurs, and for all periods after his death. The_distribution percentage of each 'purchasing PARTNER shall be increased by that portion of ,the decedent's percentage therein equal to the fraction of ':::.h~, r)J~(eCu1t' S entire Partnership interest purchased by such purchaser. {5} Arbitration. The adjusted book value {purcha~e price} as determined by the accountant pursuant to the preceding' subparagraph C. (1) shall be subj~ct to increase or decrease as follows: If either the decedent's legal representative or any of the surviving PARTNERS, should dispute the adjusted book value shown on the accountant's statement, 'such parties shall give to the other party and all other surviving PARTNERS written notice of the dispute containing specifications of the reasons therefor, within twenty (20) days after the receipt of the report. If the dispute is not settled within twenty (20) days thereafter by written agreement between the decedent's legal representative and the surviving PARTNERS (the agreement of the majority of the surviving PARTNERS shall constitute the agreement of, and be binding upon, all surviving PARTNERS), the arbitrated va~ue sha~l be determined by a committee of appraiser's each /' -18- ~ ~ ,.("- I .1 '. ., '. .', . ~ of whom shall be a memEcr of the American Institute of Real Estate Appraisers, appointed within ten (10) days after the termination of the aforesaid twenty (20) day period. One such appraiser shall be appointed by and represent the Purchasing Partners, the second appraiser shall be appointed by and represent the deceased or incompetent or selling PARTNER, and the third appraiser shall be chosen by the other two (2) appraisers. They shall within thirty (30) - - days from the date of the appointment of the last appraiser, report their finding in writing to all parties which shall be binding on all parties. The fee of each appraiser shall be borne' by the party who selected him except that the fee of the third appraiser shall be borne one-half (1/2) ,by the Pu~chasing Partner or Partners, and one-half (1/2) by the executor, administrator, successor in interest or personal representative of the deceased or incompetent partner. If the amount of the adjusted book value as shown by the accountant is changed by agreement or by arbitration award, then the new amount shall govern and shall be the purchase price of the decedent's entire Partnership interest hereunder. If such new amount is not fixed_and determined until after the date of closing, then any increase in the purchase price thus affected shall be paid in cash to the PARTNER'S estate, either six (6) months after the date of such agreement, or such arbitration award, or the thirtieth (30th) day of. January immediately following the calendar year in which the closing date occurs, whichever is later; and any decrease in the purchase price thus affected, shall be within thir~y (30) days 9f the agreement, repaid in cash to the purchasing PARTNERS. /' -19- r-', f'''' . . . '. (6) Purchase Price of Withdrawing Partner. The purchase price of a withdrawing PARTNER shall be equal to the net book value of such PARTNER'S interest in - the Partnership, and determined by the independent accountan~ 'then serving the Partnership as of the date of withdrawal, l which shall constitute the end of the month preceeding the date on which notice of withdrawal is given. If the notice of withdrawal is given withirt three (3) years after the date of the purchase of the property of the Partnership, then the term "net book value" of such PARTNER's interest shall be determined by taking assets of the Partnership per books and computing depreciation on buildings, other structural compone~ts, or'depreciatea assets thereof owned by the Partnership using 5 L:J:a:l :Jht ..:"iu~ depreciation, regardless of the method of depreciation used by the Partnership for tax or book purposes. If the notice of withdrawal is given after the aforesaid three (3) year period, then the net book value of the Partner's interest shall be determined in accordance with Paragraph. C (1) subject to the arbitration provisions of subparagraph C. (5) of Paragraph 16. (a~ Payment of Purchase Price. The purchase price to be paid to the withdrawing PARTNER as provided for in subparagraph (6) above shall be payable as follows: Twenty (20%) percent thereof in cash on closing date as hereinafter defined; the balance by such purchaser's execution and delivery, of a promissory note providing that the principal thereof shall be paid in five (5) equal annua~ installments', with interest at the rate of nine (9%) percent per ~nnum, payable annually, made payable to the order of the withdrawing PARTNER, such interest and principal payments, to commence within one' (1) year after the closing date, and continuing thereafter annually until paid. ,. / I ... -20- -- ....,. I' , .\ ;. . (b) The promissory note described in subparagraph (a) above shall provide for the privilege of prepayment at any time, without penalty, and shall recite that all sums thereunder may become due and payable if the - - maker thereof remains in default in the performance of the J terms of said promissory note for a thirty (30) day period. Said promissory note shall be secured by a collateral assignment of the withdrawing partner's interest being purchased.o If an adjustment in the purchase price is made by reason of arbitration made pursuant to subparagraph C .(5) of Paragraph 16 above, then within thirty (30) days after the date of the arbitration report, the amount due under the promissor~ note shall be increased or decreased according to the adjustment made in the purchase price, such increase or decrease shall be made by way of an endorsement to said promissory note. (7) Purchase Price of Bankrupt or Insolvent Partner's Interest. The purchase price of the interest of a PARTNER against whom any bankruptcy proceedings have commenced without being dismissed within one hundred twenty (120) days after the filing of same; including the assignment of such Partnership interest in the Partnership for the benefit of creditors shall, if during the first five (5) years after the purchase of the Partnership property be the amount of the original investreeht of such PARTNER actually paid in, plus interest at the rate of six (6%) percent per annum from the date of such investment until the date of sale; or if after the aforesaid five (5) year period, the appraised fair market value of the assets as determined in the case of death as of the date of the filing of the voluntary or involuntary petition ~f bankruptcy of insolvency proceedings or the date of the assignment of the PARTNERS interest for ;' -21- .. . ' I . . .ltfll, .' , ) -- the benefit of creditors. The payment of the purchase price shall be paid in twelve (12) equal monthly installments with interest at the rate of six (6%) percent per annum. - (0) Closing of Purchase of Withdrawing- - Partner Interest or the Interest of a Bankrupt or Insolvent Partner. The closing date of the purchase o~ a withdrawing partner or a bankrupt or insolvent partners interest as provided for above, shall be within thirty (30) days after the date of the last election by any PARTNER to purchase the interest of such PARTNER in the Partnersh~p: The exact date shall be agreed upon by the purchasing PARTNERS and the closing 'shall be held at the principal office of the. Partnership or 'at such other place as may be agreed upon by the parties. 17. NO'rICE: Each Pl'i.lZT1'!ER shall keep the partnership informed as to his current address. The Partnership shall have the addresses furnished by the PARTNERS on file at the Partnership's office and any and all notices required under the provisions of this Agreement mailed to a PARTNER by registered or certified mail, return receipt requested, shall constitute the notice required under this Agreement. lB. GOVERNING LAW~ This Agreement shall be construed in accordance with the laws of the State of Florida. In the event that any portion of this Agreement shall be contrary to the laws of the state of Florida, at the present time or in the future, said provision shall be deemed null and void, but this shall not affect the legality of the remaining provisions of this Agreement. The Agreement shall be deemed to be modified and amended by the elimination of such provision and the Agreement shall then be construed in such a way as will serve the intention of the parties at the time of the execution of the Agreement. ,- I' -22- ... , ,. -( , . t .I~ , \ "'\ ~ EXHIBIT "A" Description of Property -' - - The West 194 feet of Block 3, being that portion of Lots A and B lying North of State Road 804, PALM BEACH FARMS PLAT 118, according to the plat thereof recorded in piat Book 5, Page 73 of the Publ,ic Records of Palm Beach County, Florida, being in Section 3D, Township 45 South, Range 43 East. " , " / ""." . . .: . , ", . " . c;:-.., r ' " v .,', :..' .. 19. CONSTRUeTION: All pronouns and other variations thereof shall b~ deemed to refer to the masculine, feminine, ,neuter, singular or plural as the identity of the organization, person or persons may require. 'Except as herein otherwise', ~ provided to the contrary, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their personal representatives and assigns. This Agreement may be executed in one or more counterparts bearing the signatures of the PARTNERS and one or more of the PARTNERS and each such counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one.and the same instrument. 20.. INTEREST HELD BY TENANTS BY ENTIRETY: The death, incompetency or withdrawal of either spouse while holding a partnership interest by a tenancy by the entireties or any transfer of any portion of that interest from one to the. other shall not cause a dissolution of the partnership - nor give rise to any option to purchase on the part of the. othe~ PARTNERS ,anything herein to the contrary notwithstanding,. IN WITNESS WHEREOF, the undersigned have sworn and subscribed to this Agreement. Signed, sealed and delivered presence of: 4KJL~) BILL I. \ INCHES'fER ~ g /l-~~ Ct---,J f'l1..:W " -~~~ ELSIE WINCHESTER '/ ,:. _.,~. ~/~~;;;;Z--- .~WIL(IAM A.~EI~mR . f'. ~ HI ~HA;'L ~1~Lv 71Ja;'~(}..p .RJtI. (i\. f> aU J.D f3 /t---=-.....!) tL--.... /~. C-~) ~~.ro.1". fl~ -?1- " , . AFFlnA 'J rr STATE OV PLORIDA } ) Z!;; ) COUr(T't" OF' PALH OE:ACrJ .~ DEFORE HE THIS DAY Pl::RSOUALL\' APPEARED DEVRA NEWELL SWORU, DEPOSES AHD SAYS: WHO BEllm DULY The-t. -t.he eccompan)':i..ng Proper-t.y Owners L:i..st. :ie., -t.o t.h~ besot. o~ h:i..a/h~r know~edge, & comp~ete and accurat~ l:iE~, 0;1: e~~ proper-t.y Oyne-roB, me:il:ing eddre-lSces end px-opeJ"t}. con-t.ro~ numbers as recorded :i..n the ~a-t.est. o:f:f:i..ci.el t.ox ro~ls:in -the Coun-t). Cour-thouse- ::Lor e~l property w:i..t.h:i..n four hundred <400} ;f:eet 0:( t.he be~o~ descr:i..bed parce~ ~:f ~and. The property :in ques~:ion :is ~ege~ly descr:i.b~d as :fo~~uw~: SEE ATTACHED EXHIBIT "A" FURTHER AFFIANT SAYETH NOT. Q..J. ut.o-'--.- Sworn A. O. , t.o end subscribed 19!iL. be:Core me this / :;T ;:['j ~ day o:f ~', {!~ J2~kJ UOTAR'J' ZEAL Uotery Pub~ic G-t.ate 0:C Florida ul Large NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR.l1,1992 .. RONDEO TI/Rl! 6[NEnAl lI'I~. UNO. '"" My Comm:issi.on Exp:i..~'es: -Eo - ~0~ lli~~ 1 ;ti~ EXHIBIT "A" LEGAL DESCRIPTION: .s~s====z========= A parce I of I ano I y i ng inSect i on 30, Townsh i p 45 South, Range' 43 East;".Pa 1m': Beach County, Florida. Said parcel being a portion of Tracts A and 'B; Blo~k. 3, of "PALM BEACH FARMS COMPANY PLAT NO. 6 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST", acco~ding to the plat thereof as recorded in Plat Book 5, at Page 73, of the Publ ic Records of Palm Beach County, Florida. Said land being more particularly described as fol lows: Commencing at the Northeast corner .of Section 3D, Township 45 South, Range 43 East: Thence with a bearing of S. 87032' 47"1'1., 'along the North I ine of said Section 30, a distance of 60.00 feet to a point on the West Right-of-Way I jne of Congress Avenue; Thence continue along the aforementioned course extended a distance of 733.74 feet to a point: Thence with a bearing of S. 01"18'43"E., along a line lying 120 feet W~st of and parallel with the East line of said Tracts A and B, Block 3, of the above described Plat of "PALM BEACH FARMS COMPANY PLAT NO. 8", a distance of 25.00 feet to the Point of Beginning of Parcel of land hereinafter to be described: Thence continue along the 'afore- mentioned parallel line, a distance of 191.04 feet to a point of intersection with the North Right-of~~ay I ine of Boynton Beach Boulevard (now known as New Boynton West Road - State Road No. 804): Thence with a bearing of S.67032'47"W., along the North Right-of-Way I ine of Boynton Beach Boulevard. a distance of 166.43 feet: Thence with a bearing of N. 46'52'58"1'1., a distance of 35.71 feet to a point of intersection with the East Right-of-Way line of Winchester Park Boulevard; Thence with a bearing of N.01018'43"W., along the Easterly Right-of- Way I in..e at Winchester Park Boulevard, a distance of 165.54 feet to a point: Thence with a bearing of N.87032'47"E., along a line lying 25.00 feet South of and parallel with the North line of said Section 3D, a distance of 193.94 feet to the Point of Beginning. 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Ii", ,.; , ,.'@ ,;;~ ".,,""'~ ' ."",,~ c.'; 01 -~ ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN tha~ 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 #159 Owner: winchester, Winchester, zeiher and Schroeder, A Florida General Partnership Requested Variance: Minimum distance separation between service stations Proposed Use: Service station Location: 1531 W. Boynton Beach Blvd. LEGAL DESCRIPTION: .................. . .. ." .'J' ." ,_. A parcel of land lying in Section 30.. Township 45 South, Range' 43,~ast;" Palm':. , Beach County, Florida, Said parcel being a portion of Tracts A and B; Block'3, of "PALM BEACH FARMS COMPANY PLAT NO, 6 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST", according to the plat thereof as recorded In Plat Book 5, at Page 73, of the Publ Ie Records of Palm Beach County, Florida, . ~ . .. , Said land being more particularly described as fol lows: Commencing at the Northeast corner 'of Section 30, Township 45 South, Range 43 East; Thence with a bearing of S,B7"32'47"W., along the North line of said 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 S,Ol'16'43"E., along a line lying 120 feet West of and parallel with the East line of said Tracts A and B. Block 3. of the above described Plat of 'PALM BEACH FARMS ' COMPANY PLAT NO, 8", a distance of 25.00 feet-to the Point of 8eginning of Parcel of land hereinafter to be described: Thence continue along the afore- mentioned parallel I ine, a distance of 191. 04 feet to a point of intersection with the North Right-ot-Way line of Boynton Beach Boulevard [now known as New Boynton West Road - State Road No. 604); Thence with a bearing of S.87"32'47''''., along the North Right-oJ~ay line ot Boynton Beach Boulevard. a distance of 168.43 feet; Thence with a bearing of N. 46'52'58''''., a distance of 35.71 feet to 'a pOint of intersection with the East Right-of-Way line of Winchester Park Boulevard; Thence with a bearing of N. 01"18' 43"W,. along the Easterly Right-of- Way line of Winchester Park Boulevard, a distance of 165.54 feet to a point: Thence with a bearing ot N. 87'32'47'E,. along a line lying 25.00 feet South of and pa~llel with the North line of said Secti.on 30, a distance of 193.94 feet to the Point of Begin~ing. Lying and being situated in Palm Beach County, Florida. A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, West Wing, second floor, Conference Room C, Boynton Beach, Florida, on Monday, September 23, 1991, 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: BOYNTON BEACH NEWS September 5 and 12, 1991