LEGAL APPROVAL
~,.
MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1989
something the majority of the Commission felt should be
brought to her attention. No sanctions are intended.
IV. PUBLIC HEARING
A. Project Name:
Agent:
Owner:
Location:
Citrus Glen
Delfin F. Menendez
M.S.M. Design Group
Citrus Glen Ltd. Partnership
Lawrence Road at Miner Rd.
extended, southeast corner
ABANDONMENT: Request for the
abandonment of an 80 ft. wide
collector road (Citrus Glen Dr.)
Description:
B. Project Name:
Agent:
Owner:
Location:
Citrus Glen
Delfin F. Menendez
M.S.M. Design Group
Citrus Glen Ltd. Partnership
Lawrence Road at Miner Rd.
extended, southeast corner
ABANDONMENT: Request for abandon-
ment of 60 ft. wide local street
(Citrus Avenue)
Description:
DEVELOPMENT PLAN
B. Project Name:
Agent:
Owner:
Location:
Citrus Glen
Delfin F. Menendez
M.S.M. Design Group
Citrus Glen Ltd. Partnership
Lawrence Road at Miner Road
extended, southeast corner
SITE PLAN MODIFICATION: Request
for approval of an amended site
plan to allow for the expansion
of the private security system
Description:
A. Citrus Glen Planned Unit Development - Master Plan
Modification - (Listed on Supplemental Agenda)
The Commission chose to address all four of these requests
on Citrus Glen, rather than discuss them separately at dif-
ferent points throughout the meeting.
Jim Golden, Senior Planner explained both the Planning and
Zoning Board and staff recommend approval of the abandonment
of Citrus Ave. The Planning Dept. recommends the Commission
make a finding of no substantial change for the Master Plan
modification and that this be forwarded to the Planning and
Zoning Board for final resolution.
11
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1989
with regard to Citrus Glen Drive, staff recommends this road
not be abandoned as it would be inconsistent with stated
policy in the 1986 Compo Plan Evaluation and Appraisal
Report and would not be desirable from a public service
standpoint, concerning the provision of emergency services.
The Planning and Zoning Board has recommended this request
be approved.
Regarding the site plan modification for the expanded
security system, approval is contingent upon the abandonment
of Citrus Glen Drive, as the Subdivision Regulations prohi-
bit guardhouses within public right-of-ways. The Planning
and Zoning Board recommends approval of the site plan modi-
fication.
Mr. Golden stated if the Commission choses to approve these
requests, it is recommended they be approved, subject to
staff comments where necessary.
Discussion took place. If the people in this community want
a private street and it is allowable, Commissioner Hester
could see nothing wrong with it.
Commissioner Wische asked Mr. Golden about the Police and
Fire Dept. access. He asked about a system being devised
whereby they would not be impeded from getting into the
road. Mr. Golden believed the desire of those departments
was to keep it open but they could live with a security
system as long as the system met the City's specifications.
Interim City Manager Hunt commented there are currently two
developments in the City that have one entrance with a
security gate. The City has devised a set of criteria for
the installation of such a gate that allows dispatch to have
automatic control over it and it also allows for automatic
opening of it during a power outage.
Commissioner Weiner had no problem with the residents
wanting a private road and security. She had hoped we could
try to reach a compromise which would give them a private
road and give the Police and Fire Depts. the access they
need.
Mr. Delfin Menendez explained the Commission had previously
rendered approval for another section of the project. The
southern part of the project has been left without security.
Mr. Felix Granados, Jr. General Partner of Citrus Glen
wished to clarify a few facts. He made remarks about the
history of the project and stated he has been trying from
the beginning to provide security to Citrus Glen. He
explained the reasons why the residents need the private
12
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1989
road and security system. Comments were made about traffic
flow and crime.
Commissioner Weiner asked what separates Citrus Park from
Citrus Glen? Mr. Granados responded the houses back up to
each other. In the future, they will be putting a fence
through to separate. Emergency access is being provided
there and Mr. Menendez referred to an agreement that part of
the condition for approval of Citrus Park would be the
emergency connection. This would also be used as a
pedestrian walk to the school. There will be a 20' easement
with pavers where grass grows in between. It will look like
a landscaped street between the two developments.
Mr. Granados stated this road does not need to be public.
Miner road is right next to it and he elaborated. He
referred to page 193 of the 1986 Land Use Plan. He
explained how two sentences were taken out of context in his
opinion. He feels they are consistent with the 1986 Plan
and the new Plan.
Mr. Granados distributed a copy of a letter from Lieutenant
Hammack who helped him design the system. The letter
endorsed this design and stated it would deter crime.
Access is to be provided to emergency vehicles. The road is
there, but they would like to be able to control traffic
that they feel does not belong there.
Mr. Granados stated there is no public opposition to these
requests. He produced 100 signatures on Petitions, signed
by homeowners in support of the requests.
Mr. Roger Saberson representing Boynton Nurseries commented
that Mr. Granados had indicated they are agreeable to the
emergency access between the two projects of Citrus Park and
Citrus Glen. Later on the Agenda, one of the conditions for
their project is that there be access between the two pro-
jects. He would request that that also be a condition for
this proposal so there would be reciprocal conditions.
Mayor Moore stated they were agreeing to that.
Mayor Moore asked if there was anyone present who wished to
speak in support of or in opposition to the requests? There
was no response from the audience.
The Vice Mayor stated there had been discussion about the
agreement to a single homeowners association. He wanted to
know if this was still agreed to? Mr. Granados responded
affirmatively.
13
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II
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1989
Motions
Vice Mayor Olenik moved that the abandonment of
Drive be approved, subject to staff comments as
comment about a single homeowners association.
Hester seconded the motion which carried 4-0.
abstained.
Citrus Glen
well as the
Commissioner
Mayor Moore
Commissioner Hester moved to approve the abandonment of
Citrus Avenue. Commissioner Wische seconded the motion
which carried 4-0. Mayor Moore abstained.
A color rendering of the guardhouse was viewed. Vice Mayor
Olenik moved that the site plan modification for Citrus Glen
with the addition of the guardhouse be approved.
Commissioner Hester seconded the motion which carried 4-0.
Mayor Moore abstained.
Vice Mayor Olenik moved for the approval of the Master Plan
Modification for Citrus Glen Planned Unit Development on the
recommendation of no substantial change. Commissioner
Hester seconded the motion which carried 4-0. Mayor Moore
abstained. Memorandum of Voting Conflict is on file in the
Office of the City Clerk, in connection with the Mayor's
absention on these motions.
Mayor Moore called a brief recess at 7:15 P.M. The meeting
resumed at 7:25 P.M.
V. PUBLIC AUDIENCE
A. Presentation of Certificates to Boynton Beach Little
League Girls Softball Team.
Wilfred Hawkins, Acting Assistant to the City
Manager/Ombudsman explained this is the first girls softball
team from Boynton Beach to make it to a major State softball
competition tournament. The team took third place and
congratulations were extended. Mayor Moore presented
Certificates to each of the 14 girls and the two coaches.
VI. DEVELOPMENT PLAN
A. Project Name:
Boynton Beach Mall - Sears Addition
(Postponed to October 3, 1989)
Cormac Conahan, Esq.
SITE PLAN MODIFICATIONS: Request
for an amended site plan to allow
for the addition of a 134,526 sq.
ft. department store and a change
in parking lot layout and design.
Agent:
Description:
Mayor Moore noted this matter is being deferred until the
next meeting.
14
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
/
I
motion and a roll call
Clerk, as follows: /
/
Commissioner ~e ter
Commissioner iner
Commissioner/ ische
Mayor Moore /
Vice Mayor Olenik
vbte
SEPTEMBER 19, 1989
As there
favor of
WAS CLOS
seconded the
Boroni, City
Motion carried 4-1.
8. Proposed Ordinance No. 89-2
Re: Amending the Charter A ticle
Administration, ~ection 4
/ City Attorney Rea read Prop
second and final reading b
;'
/". /
i
--,
1.
Betty
/
/
If
on
.AN ORDINANCE OF THE
TON BEACH, FLORIDA, AMENDING
ARTICLE IV ADMINI RATION, S
PROVISIONS.; TO OVIDE THA
AT THE PLEASURE F THE CIT
PROVISIONS DE ING WITH I
ADMINISTRATIO : BY DELET
PENALTIES; OVIDING A
SEVERABILI CLAUSE; P
PROVIDING EFFECTIV
ION OF THCITY OF BOYN-
E CHARTER F SAID CITY,
TION 49. NERAL
THE CITY AGER SHALL
COMMISSIO : BY AMENDING
ITH SAID
S IMPOSING
NFLICTS C USE; PROVIDIN A
VIDING AUT ORITY TO CODI Y;
DATE AND F ROTHER PURP ES.
no one in rhe audience who wished t speak in
in oppositjion to this atter, THE BLIC HEARl
/
Commis ioner Hester
II 89-29 on second a
seco ded the mot' n
Bor ni, City Cl rk,
to a rove Propo ed Ordinance
rea ing. Commi sioner Wisc
and a r I call vot was taken b
as fo1 ows:
!
I
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!
I
!
/
/
/
/
w
City Attorney Rea read Proposed Ordinance No. 89-30 on
second and final reading by title only.
Mot ion ca lit' i ed
~-
9. Proposed Ordinance No. 89-30
Re: Citrus Park PUD Rezoning
Commis ioner
Comm'ssioner
Ma r Moore
V' e Mayor Ole lk
ommissioner ester
(: f.i: -P I- B1
23
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1989
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF
SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE
CITY OF BOYNTON BEACH, FLORIDA FROM PUD (PLANNED UNIT
DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 (PUD LUI =
4) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON
BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO
ALLOW FOR SUBSTANTIAL CHANGES TO THE APPROVED MASTER
PLAN, INCLUDING THE ELIMINATION OF A PROPOSED FIVE (5)
ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN THE
NORTHWEST QUARTER (NW 1/4) OF SECTION EIGHTEEN (18),
TOWNSHIP FORTY-FIVE (45) SOUTH, RANGE FORTY-THREE (43)
EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL
DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND
APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Mayor Moore asked if there was any input from the public.
1
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Attorney Roger Saberson addressed the Commission and stated
the Ordinance incorporates by reference the staff comments.
Some of the staff comments are directed toward public
rights-of-way. There is also a comment about access between
Citrus Glen and Citrus Park and not limiting it to emergency
access. He suggested either that certain of those comments
be deleted or that additional language be added at the
conclusion of Section 3.
Mr. Saberson suggested incorporation of the following
language in Section 3, starting at the second line:
"...a Planned Unit Development (PUD) as set forth in the
application specifically in accordance with staff comments
attached hereto as Exhibit A, however, not withstanding any
staff comments to the contrary, the following shall apply to
this project:
1. Private streets are hereby approved.
2. The only access required between this project and
Citrus Glen is via a 20' emergency access easement.1I
City Attorney Rea stated it would be no problem to incor-
porate this language.
..
As there was no one else in the audience who wished to speak
in favor of or in opposition to this matter, THE PUBLIC
HEARING WAS CLOSED.
24
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MINUTES - REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 1989
Commissioner Wische moved to approve Proposed Ordinance No.
89-30 on second and final reading. Commissioner Hester
seconded the motion.
Vice Mayor Olenik noted the reason he would be voting
against this Ordinance is because of the elimination of the
public park which he feels is needed in that area.
A roll call vote was taken by Betty Boroni, City Clerk, as
follows:
Commissioner Wische
Mayor Moore
Vice Mayor Olenik
Commissioner Hester
Commissioner Weiner
Aye
Aye
Nay
Aye
Nay
Motion carried 3-2.
B. Ordinances - 1st Readinq:
--
---....
None.
I
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,
89-SS by
C.
I
/
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/
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Re.a read Proposed Re~,6l ut ion
I
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No':
/
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I /
RESOLUTION OF THE CITY CO~ISSION OF/THE CITY OF
BOYNTON !BEACH, FLQRIDA, UR~fNG THE CO~GRESS OF TH~
UNITED/STATES Tq/REVIEW TJiE CABLE CO)'1MUNICATION WLICY
ACT OF 1984, AN)'j EXPRESSlNG GENERAL/CONCERN ABolYI' THE
NEED/FOR GREA'7ER LOCAL ~OVERNMENT lEGULATORY AyTHORITY.
/ / " /
He~fer moved jto approve/Resolution !)to. 89-SS.
W~ner second the motis;'n which car:vied 5-0.
/
Co issioner Weiner req,uested that this Resol~tion be for-
w ded to Congressman Harry John~ton and Sen~or Howard
. , .
tzenbaum who heads llP the Com~1ttee on this proposal. The
ayor asked the City Clerk to take care of that.
/
/
:,' ,
..
2. Pro~osed Resolu ion No. 8~-TT
Re: Reverend J se h Dye I
Cit~ ttorney Rea read pto sed Resolut'on No.
ent ety.
A RESOLUTION OF THE ITY COMMISSI OF THE C TY OF
BOYNTON BEACH, FLORIDA, RECOGNIZING THE POSTIVE IMPACT
\~ '
25
in its
-.~---_.._------,-"---"
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARI~G at 7:30 p.M:'on
Tuesday, July 11, 1989, at City Hall Commission Chambers, Boynton
Beach, Florida to consider a request for REZONING covering the parcel
of land described as follows:
LEGAL
DESCRIP'I'ION:
APPLICAN'I' /
OWNER
AGENT:
PROJ ECT NAME:
PROPOSED USE:
LOCATION:
REQUEST:
The Northwest Quarter (NWt) of the Southwest Quarter
(SW!) of the Northwest Quarter (NW!); and the Northeast
Quarter (NEt) of the Southwest Quarter (SWt) of the
Northwest Quarter (NW!); and the Northwest Quarter
(NW!) of the Southeast Quarter (SEt) of the Northwest
Quarter of Section Eighteen (18), Township Forty-Five
(45) South, Range Forty-Three (43) East, Palm Beach
County containing 28.82 acres more or less.
Boynton Nurseries, A Florida General Partnership
James D. Sturrock, Jr., Managing Partner
Roger Saberson
Citrus Park
Planned Unit Residential Development
East side of Lawrence Road (South of Citrus Glen
P.U.D.), Boynton Beach, Florida
REZONING from PUD w/LUI=4 to PUD w/LUI=4
(Request for substantial change to the master plan)
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on the above request on July 18, 1989 at 6:30 P.M. at
Commission Chambers or as soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in per~
son or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & zoning Board or City Commission with
respect to any matter considered at these meetings will need a record
of the proceedings and for such purpose may need to ensure that a ver-
batim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
BE'fTY S. BORONI
CITY CLERK
mas CITY OF BOYNTON BEACH
PUBLISH: THE POST
June 25, 1989 & July 2, 1989
cc: City Manager
Mayor & City Commission
City Attorney
Planning Director
Recording Secretary
City Manager's Secret~ry
)
.......
7A4
CITRUS PARK
REZONING
EXHIBIT "A"
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EXHIBIT "B"
REZONING JUSTIFICATION
The P.U.D. Zoning being requested in this application is basically the same
as the previously approved zoning with respect to density, land use
intensity and type of residential units. Both fall under the density
allowed by the City's Comprehensive Land Use Plan.
We are reques ting a new P. U . D. Zoning for three primary reasons: (i) to
eliminate the 5 acre Community Park shown on the present approved Master
Development Plan. The applicant for the existing Plan at the time of the
application had the subject parcel and Citrus Glen under contract and could
have substantially satisfied all of the recreation requirements for Citrus
Glen and Citrus Park on the property that is the subject of this
application. Thereafter, however, said applicant did not acquire the
property that is the subject of this application, i.e., Citrus Park and the
result was that the subject property has been left with an oversized park
shown on the approved plan. Furthermore, prospective buyers of the subject
property have been unanimous in their opinion that the existence of such a
large public park within the proj ect will be an adverse factor from a
marketing standpoint, (ii) to change the street system within the project
from public streets to private streets. As we are sure the City is aware,
with the ever- increasing crime rate, citizens have a desire for increased
security. It is intended that access through the subdivision will be
controlled by a security guard at a gate house located at the entrance to
the subdivision, and (iii) to adjust the location of lakes to serve the
project better.
In addition to the reasons set forth
eliminated from the project (which
amenities) for the following reasons:
above the community park should be
will contain private recreational
1. The park was part of a larger planned community of 335 units, oriented
to serve mostly young families.
2. Because it I S not a part of a larger development, the impact of the
proposed public park facility within a relatively small community could
be negative or perceived as such, in relation to the security and
tranquility of a residential environment.
3. There is very little latitude to buffer the park and mitigate its
impact, as presently approved, from the rest of the project.
4.
Because the subject project is not a part of Citrus Glen (i.e., the
project to the north of the subject parcel) private recreational
facilities may be necessary (even if the public park remained in the
Plan), reducing the number of units and affecting the economic
feasibility of the project.
6. The undersigned have been informed that Citrus Glen (i.e., the project
to the north of the subject parcel) has requested the abandonment of
the public road connecting both projects. Citrus Glen apparently
intends all of their streets to also be private in order to provide
additional security for their residents. If Citrus Glen's petition is
approved, the park within the present Master Development Plan will not
have the same meaning and will not serve the same purpose.
" I
,#,u,,~i)~uUt',(>~
~~AME~O~.~~~~. APPLICANT
;<~J}~
ROGER SABERS ON
AGENT
EXHIBIT "c"
EXHIBIT "0"
, ,- - THIS IS ^ DEED PURSLL\tJT TO A CO:<POR1\TE DISSOL(T-a'TON AND NO
., ~ DOCUr.18NTARY STAr.1P 1 . IS DUE AND O~.lIr>JG PURSUAl rfO DEPARTr.1Et1T OF
REVENUE RULE l2B-4.14(9)
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THIS WARRANTY DEED made this 1~ day of December, 1986, bv
BOYNTON NURSERIES, INC. a Florida corporation (hereinafter calier:
"Grantor"), to BOYNTON NURSERIES, a Florida general partnership,
whose mailing address is 1425 Wilkins Avenue, West Palm Beach,
F lor i d a 3 3 4 0 1 ( her e i n a f,t e r c a 11 e d " G ran tee") .
r
,-
\'ll\RRANTY DEED
(Hherever used herein the terms "Grantor" and Grantee" incl~.::J':~
all the parties to this instrument and their successors and
assis~s)
\HTNESSETH:
That the Grantor, for and in consideration of the sum of TEN ~nd
00/100 Dollars ($10.00) and other good and valuable considerations,
the receipt and sufficiency of which are hereby acknowledged, by
these presents does hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto the Grantee, all that certain la~d
situate and being in Palm Beach County, Florida, more particularly
described as follows:
'.
The Northwes~ quarter (NWI/4) of the Southwest quarter (SWI/4)
of the Northwest quarter (NWl/4): and the Northeast quarter
(NE1/4) of the Southwest quarter (swl/4) of the Northwest
"quarter (NtoJl/4); and the North'/Jest quarter (NWl/4) of the
Southeast quarter (SEl/4) of the Northwest quarter (NWl/4) of
Section Eighteen (18), Township Forty-five (45) south, Range
Forty-three (43) east, Palm Beach County, Florida.
TO HAVE AND TO'HOLD, the same in fee simple forever.
TOGETHER with all tenements, hereditaments and appurtenances,
thereto belonging or in anywise appertaining.
SUBJECT TO restrictions, reservations, limitations, condition~,
easements and agreements of record: taxes and assessments for the
year 1986 and all subsequent years: and all applicable
environmental, zoning and land use ordinances.
AND said Grantor does hereby fully warrant the title to the
Property, and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed the day and year first above written.
Signed, Sealed and Delivered:
in the Presence of: "
BOytlTON NURSERIES, INC.,
a Florida corporation
By: (J/2"~2fl:JfiV;~.
/J-.ames D. Sturrock, r.,
\ ) President
Ilu-u c.(;~,yr
ft51~ ~
(CORPORATE SEAL)
. "
.".......: -: ..
This Instrument was Prepared by and
(
Should be Returned to: 'j
W. Glenn Dempsey, Esq.
Gunster, Yoakley, Criser & Stewart, P.A.
Phillips Point, Suite 500
777 South Flagler Drive
West Palm Beach, Florida 33~Ol-6]94
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STATE OF FLORIDA
COUNTY OF PA Lf-' BEACH
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Mhe foregoing instrument was acknowledged before me
this ~3 day of December, 1986 hy James D. Sturrock, Jr., the
president of BOYNTON NURSERIES, INC., a Florida corporation, on
behalf of the corporation.
My Commission Expires:
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~.1'i c[:;,;r,~;S~,\GP EXrl\lES mIlE 22. 1~'
93060
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Notary Publi
at Large
2
Floria,:]
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f1f:cono VERlf-1EO
PALM O~^CH COUNTY. FLA.
JOHN [~, DUNI<LE
ClEF-11< CInCUIT COURT