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APPLICATION CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS VARIANCE APPLICATION Submittal Deadline: See schedule of dates for Board meetings and submittal dates Please print (in ink) or type Submittal date: 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 described and in support thereof state(s): Property involved is described as follows: Lot (s) Parcel "E" Block , Subdivision Catalina Centre Plat Book 53 ,Page 13 & 14 or otherwise described as follows: See attached Complete Legal Description. Property Address 1601 North Congress Ave., Boynton Bch., FL 33426 The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys 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. Two site plans 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 including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse. 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. 4. Proof of ownership of property by petitioner (s), such as deed or purchase contract agreement. If an aqent is submittinq the petition. a notarized COpy of a letter desiqnatinq him as such must 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): SEE ATTACHED SHEET FOR A THROUGH F INCL. 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; Page 2 of 3 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 applicant; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 6. An application fee in the amount of $ 400.00, payable to the Ci ty of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Walboyn Development Corp. % North-South Corporation 7. Name and address of owner: 1100 Linton Boulevard, C-9, Delray Bch., FL 33444 8. Name of applicant: Alan J. Ciklin. Esq. Applicant's address: Applicant's phone #: Date: cJ --/;2 -'17 515 No. Fla ler Dr., (561) 832-5900 Signature of Applicant: ------------------------------------------------------ To be completed by the Building Official or Representative 1. Property is presently zoned: V; Formerly zoned: 2. Property Control Number: ~'3 -4,-'9-09. rx;2 .()Of)D 3. Denial was made upon existing zoning sections[s] of Code from which relief is ck.r- - 2.1 M ~ ~c."'& 4. Nature of exception or variance required: ~J;., or sign requirements required) : {list +. A~ ~~ ... .,,~ Date: ~ Permit denied: ~ Building Department ~~,. 5. Case Number: Meeting Date: It~ 'r1~7 ----------------------------------------------------------------------- To be filled out by Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay Stipulations: Signed: Chairman EXIllBIT "A" DESCRIPTION Parcel "E"', CATALINA CENTRE PLAT NO. 1 according to the Plat thereof, a~ recorded in Plat Bopk 53, pages 13 and 14 of the Public Records of Palm Beach County, Florida, being more particularly described' as follows: BEGINNING at the southeast corner of said plat of Catalina; thence South SS' 57' 17" West along the southerly boundary of plat a distance of 550.45 feet; thence Ndrth 01- 44' 21" East a distance thence North 46. '44' 2111 East a distance thence North 01- 44' 21" East a distance thence North 67. 00' 00" East a distance thence North 03" 44' 56" West a distance thence South 8S" IS' 39" East a distance thence ,North 01. 44' 21" East a distance thence North 89" 47' 08" East a distance thence South, 01 ~ 44' 21" West a distance thence North 89. 47' 08" East a distance thence South 00" 12' 52" East along the Congress Avenue a distance of '~,77' BEGINNING, said of 217.37 feet; of 83.78 feet; of 298.32 feet; of 9.49 feet; of 94.36 feet; of 144,80 feet; of 195.87 feet; of 124.57 feet; of 206.62 feet; of 199.73 feet; westerly right-of-way feet to the POINT of OF Said land situate, lying and being in Palm Beach County, Florida conta~ns 8.13 acres (more or less), and is subject to easements, restrictions, reservations, covenants and rights-of-way of record. W ALBOYN DEVELOPMENT CORP. 1100 Linton Boulevard Suite C-9 Delray Beach, Florida 33444 February 10, 1997 TO WHOM IT MAY CONCERN: This letter shall constitute evidence of the authority of Alan J. Ciklin of the law firm of Boose Casey Ciklin Lubitz Martens McBane & O'Connell to act on behalfofWalboyn Development Corp. in connection with all matters before the City of Boynton Beach, Florida and any department, division, agency or board thereof which relate in any manner whatsoever to the Holiday Inn Catalina Centre including, without limitation, matters with respect to applications for signage variances and other variances for the Pete Rose restaurant facility . ~lLIi1URP. Mar Ish Its President Sworn to and subscribed before me this 10th day of February, 1997. .j.( o:tY,.'^-' ,,_ , ~. <0 ~ Notary Public' KATHRYN S. DOUGLAS MY COMMISSION' CC 613632 EXPIRES: January 14, 2001 Bonded Thru NotaJy PubIc UnderwIIWs CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS VARIANCE APPLICATION 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance, Respond to the six (6) questions below (A-F) on a separate sheet (please print or ~: A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The location of Pete Rose's Restaurant is a circumstance peculiar to this particular piece of property. Because the restaurant sets back considerably from Congress Avenue and is adiacent to the Holiday Inn. it is very difficult to see the facility from Congress Avenue. There is a large parking lot between Congress and the restaurant. This circumstance is peculiar to this restaurant site, B. That the special conditions and circumstances do not result from the actions of the applicant; The special circumstances and conditions which exist are not the result from the action of the applicant. They are based on the City's requirements for these types of facilities and the geography of the land. 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; The granting of the variance will not confer a special privilege on the applicant, but will pennit appropriate signage in order to provide the travelling public notice of the restaurant's location so that they are able to properly enter the facility. The variance will also enhance the commercial viability of the restaurant which is also beneficial to the City. 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 tenns of the Ordinance and would work unnecessary and undue hardship on the applicant; Other properties in the same zoning district are allowed to have free-standing signs to advertise their facilities (i.e. the Holiday Inn). and but for the limitation on the number offree- standing signs. this restaurant would be pennitted to have such a sign. as well. It will work an unnecessary and undue hardship on the applicant. the public, and other businesses in the shopping center because without this signage customers will be easily lost and confused. and will potentially create traffic/circulation problems both in the center and on adiacent roadways. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The request for the additional free-standing sign is the minimum variance. 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, The additional sign is in harmony with the general intent and purpose of the City's Codes, and will not be iniurious to the area involved or otherwise detrimental to the public welfare. In fact, it will help insure that the driving public will be able to safely and adequately enter the facility without disruption to traffic and without causing accidents in the area while looking for the restaurant facility. It will also enhance the commercial viability of the restaurant. AFFIDA VIT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH) BEFORE ME THIS DAY PERSONALL Y APPEARED Elaine C, Chandler, WHO BEING DULY SWORN, DEPOSES AND SAYS: That the accompanying Property Owners List (Exhibit liB ") is, to the best of her knowledge, a complete and accurate list of all property owners, mailing addresses and property control numbers as recorded in the latest official tax roles in the County Courthouse for all property within four hundred (400) feet of the below described parcel of land, The property in questions is legally described as follows: See Attached Exhibit II A" Property Control Number: 08-43-45-19-14-000-0050 FURTHER AFFIANT SAYETHNOT, <:fk,~d/ e. ~~fU/ Elaine C, Chandler SUBSCRIBED AND SWORN to before me this 11th day of February, 1997 by Elaine C. Chandler, who is personally known to me or has produced as idCfttifu:otiOR. ~ .<-"", ... /; ~ Sign: f..t-Luce.... I1J Print: /ifUAJe (~ ~<7~ NOTARY PUBLIC, State of Florida My commission expires: A ANNE GmRSBROOK Notary Public, Slate 01 Florida My Comm, 8lCplre8 July 23, 1999 No. CC486521 BondId ~t~r.o~""'" ,~ /',;,- ,0 .A~~~ ,Y.Cli~Y~'. ; EXIllBIT "A" DESCRIPTION Parcel "E"', CATALINA CENT~E PLAT NO. 1 according to the Plat thereof, a~ recorded in Plat Bopk 53, pages 13 and 14 of the Public Records of Palm Beach Count y, Florida, being more particul ad y described. as follows: BEGINNING at the southeast corner of said plat of Catalina; thence South 8S' 57' 17" West along the southerly boundary of plat a distance of 550.45 feet; thence N6rth 01. 44' 21" East a distance thence North 460 '44' 21" East a distance thence North 01. 44' 21" East a distance thence North 67. 00' 00" East a distance thence North 03. 44' 56" West a distance thence South 88. 15' 39" East a distance thence ,North 01. 44' 21" East a distance thence North 89. 47' 08" East a distance thence South 01. 44' 21" West a distance thence N~rth' 89;- 47' 08" East a distance thence South 00. 12' 52" East along the Congress Avenue a distance of '#;,77' BEGINNING. said of 217.37 feet; of 83.78 feet; of 298,32 feet; of 9.49 feet; of 94.36 feet; of 144.80 feet; of 195.87 feet; of 124.57 feet; ot 206.62 feet; ot 199.73 feet; westerly right-ot-way feet to the POINT of OF Said land situate, lying and being in Palm Beach County, Florida contains 8.13 acres (more or less), and is subject to easements, restrictions, reservations, covenants and rights-of-way of record. EXHIBIT "B" SUBJECT PROPERTY: 08-43-45-19-14-000-0050 WALBOYNDEV. CORP. %OCEANPROP~OBERTGARC~ 1755 N. CONGRESS AVE. BOYNTON BCH., FL 33426 SURROUNDING PROPERTY WITHIN 400 FEET: 1. 08-43-45-17 -02-001-0010 MOTOROLA. INC. %TAXDEPT. ILOl 9TH 1303 E. ALGONQUIN ROAD SCHAUMBERG, IL 60196 2. 08-43-45-20-01-000-1120 SOUTHFLA WATERMGMTDIST P. O. BOX 24680 W.PALMBCH.,FL 33416 3. 08-43-45-20-01-000-0680 KLATT ENTERPRISES, INC. P. O. BOX 1477 BOYNTON BCH., FL 33425 4. 08-43-45-19-05-015-0020 ASK VENTURES, INC. 9787 GLADES RD. BOCA RATON, FL 33434 5. 08-43-45-19-05-015-0060 CANTERBURY REALTY %LEE ROTHMAN 2295 CORPORATE BLVD. NW #130 BOCARATON,FL 33431 6. 08-43-45-19-05-015-0010 7, 08-43-45-19-05-017 -0020 BOYNTON JCP ASSOC LID 7620 MARKET ST YOUNGSTOWN,OH 44512 8. 08-43-45-19-14-002-0000 CITY OF BOYNTON BEACH P.O.BOX310 BOYNTON BCH., FL 33425 9. 08-43-45-19-11-000-0011 11. 08-43 -45-19-11-002-0020 12. 08-43-45-19-11-001-0010 WALBOYNDEV. CORP. P. O. BOX 4727 PORTSMOUTH, NH 03802 10. 08-43-45-18-16-000-0000 PURDENTIAL INS CO OF AlvlERICA % PROP. EVALUATION SERVICES 65 HARRISTOWN RD. P. O. BOX 607 GLEN ROCK, NJ 07452 13. 08-43-45-19-11-0002-0010 CARRIAGE HOMES DEV. INC. 2499 GLADES RD. #202 BOCARATON,FL 33431 14, 08-43-45-18-16-001-0000 16, 08-43-45-19-14-001-0000 CATALINA CLUB SOUTH PROP. OWNERS MASTER ASSN INC. ONE CATE ST. STE 3 PORTSMOUTH, NH 03801 15, 08-43-45-18-08-002-0000 17, 08-43-45-19-14-000-0040 MUTUAL LIFE INS. CO. OF NEW YORK %ARES CATALINA CENTRE 1705 N, CONGRESS AVE. BOYNTON BCH., FL 33426 .' . ., 1., ., ., . a,' !!II TICOR TITLE :g INSURANCE Policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STlPULAOONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock Company), a California corporation, herein called the Company, insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2, Any defect in or lien or encumbrance on such title; 3. lack of a right of access to and from the land. This policy shall not be valid or binding until countersigned below by a validating signatory of the Company, TICOR TITLE INSURANCE COMPANY B'y ~. ."~."'.:."&...~". A President .,~. f.;~r~-;l~ '~ ~ - . Atte~~~retarY Countersigned: ByJ~..J1,~ v. 'dating Signatory .... TO 168911.84) American Land Title AssocIation Owner's Policy-Form A-1970 lamended 10-17.701 CAT. NO, NN00482 TO 2177 (2-841 American Land Title Association Own.r. Policy, 1970 OWNERS pOLle' Schedule A OWNER'S Policy Number Agent No. Agent's Reference No. Date of Policy Amount of Inluranc:4 010 135029 Dec ember 26, 1984 at ,5,430,000.0 10:55 A.M. 1. Name of Insured: WALBOYN DEVELOPMENT CORP., a Maine corporation 2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured. Pursuant to that certain Deed by Riteco Development Corporation, a Florida corporation, and B. D. Rawls, as Trustee, etc., as Grantor, to the insured, dated the 18th day of December, 1984, and recorded the 26th day of December, 1984, in O.R. Book 4426, page 482, Public Records of Palm Beach County, Florida. 3. The estate or interest in the land described or referred to in this Schedule covered by this pOlicy is Fee Simple. 4. The land referred to in this policy is located in the County of Palm Beach State of Florida and described as follows: See Continuation Sheet for Schedule A, pp. 1 and 2 ~ THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED CAT. NO NN00407 TO 1532 t5.83) American Land Title Association Owr 'olicy' 1970 Schedule B Policy No. 010 135029 This policy does not insure against loss or damage by reason of the following; STANDARD EXCEPTIONS: ~ ~a-or-daicR&-Gf~~ie... .fn-po&&e&~ ROt ..JVA....bv-tM-pubU~ ~ords. (a) ~) Easements, or claims of easements, not sho\M1 by the public records. (b) ~) Encroachments, overlaps. boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. fdt -Any -Helt,-M-right-te-a-lien;-.for -serviees; -feber;-M-tneteriil~efere... hereef4eF-iYFfH.6I.HMh-iR1pe&efl. ~ ~d. ne1-8hew~ Ity-the -pttbIie-reoefds. (e) fe) Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. SPECIAL EXCEPTIONS: h - 'faxes 1. Restrictive covenants, conditions, stipulations, easements and reservations as set forth, shown and recited on Plat, filed October 6, 1983, recorded in Plat Book 46, page 128, in the Public Records of Palm Beach County. 2. Mortgage dated the 18th day of December, 1984 by Walboyn Development Corp and C. & R. Developers, Inc. to Riteco Development Corporation in the original principal amount of $7,930,000.00, recorded in O.R. Book 4426, page 508. 3. Order of Taking by City of Boynton Beach, filed October 24, 1980, recorded in Official Records Book 3391, page 1837, in the Public Records of Palm Beach County including, but not limited to, any co-utilization rights between City of Boynton Beach and Florida Power & Light Company. 4. Easement in favor of Lake Worth Drainage District dated May 12, 1981, filed for record June 15, 1981 and recorded in Official Records Book 3541, page 1113, in the Public Records of Palm Beach county~ ., -1 I r:::::: ...... ., n SCHEDULE A (CONTINUED) 0" . .,... . PAGE 1 .~ ".. Policy No. 010 135029 f r .. A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER 'OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A BEARING OF SOUTH 880 56' 29" WEST, ALONG THE NORTH LINE OF SECTION '19, A DISTANCE OF 60.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE 1115 THRU 1120, PALM BEACH COUNTY, FLORIDA; THENCE WITH A BEARI:-.IG OF SOUTH 00 12' 52" EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS AVENUE A DISTANCE OF 285.12 FEET MORE OR LESS TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT ,OF WAY LINE A DISTANCE OF 958.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE L-16 (BOYNTON CANAL); THENCE WITH A BEARING OF _ SOUTH 880 57' 17" WEST, A DISTANCE OF 843.01 FEET TO A POINT; THENCE WITH - 'A BEARING OF NORTH 010 44-' 21" EAST, A DISTANCE OF 165.47 FEET TO .,\ POINT; THENCE WITH A BEARING OF NORTH 440 47' 08" EAST, A DISTANCE OF 45.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 610 18' 35" EAST, A DISTANCE OF 92.01 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 010 44' 21" EAST, A DISTANCE OF 292.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 880 15' 39" EAST, A DISTANCE OF 128.16 FEET TO A POINT; THENCE 'WITH A BEARING OF NORTH 670 00' 00" EAST, A DISTANCE OF 134.18 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 030 44' 57" WEST, A DISTANCE OF 119.99 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 880 15' 39" WEST, A DISTANCE OF 70.00 FEET TO. A POINT; THENCE WITH A BEARING OF NORTH 010 44' 21" EAST, A DISTANCE OF 130.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 530 30' 00" WEST, A DISTANCE OF 49.16 FEET TO A POINT; THENCE WITH. A BEARING OF' NORTH 010 44' 21" EAST, A DISTANCE OF 122.94 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 870 17' 06" EAST, A DISTANCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING OF SOt.:TH 860 52' 20" EAST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 430 32' 36" EAST, A DISTANCE OF 36.37 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 890 47' 08" EAST, A DISTANCE OF 278. J 0 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 440 47' 08" EAST, A DISTANCE OF 35.36 FEET MORE OR LESS TO THE POINT OF BEGINNING. .' CONTAINING 14.41 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS A:-.JD RIGHTS OF WAY OF RECORD. w ~ / --- ., '1 / ".....-:. ... .' ~ SCHEDULE A (CONTINUED) C- PAGE 2 Policy No. 010 135029 ',. . . ..~. , .. .. r . ,'1 . .1, ... :- A PARCEL OF LAND LYING IN THE NORTH HALF' OF- THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, i\ND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 . EAS-T, PALM BEACH COUNTY, FLORIDA. SAID LAND BEING MORE PAR TICULARL Y DES~RIBED AS FOLLOWS: CO~lMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A, BE:\RING OF SOUTH 880 56' 29" WEST, ALONG THE NORTH LINE OF SECTION 19, A DISTANCE OF 60.07 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING ON THE W.EST RIGHT OF WAY LINE OF CONGRESS A VENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE 1'115 THRU 1120, PALM, . BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 00.12' 52"' EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS AVENUE A DISTANCE OF 285.12 FEET TO A POINT; THENCE WITH A ,BEARING . OF SOUTH 44~ 471 08" WEST, A.DISTANCE OF 35.35 FEET TO A POINT; THENCE WITH- A BEARING OF SOUTH 890 47' 08" WEST, A DISTANCE OF 278.10 FEET TO A .POINT; THENCE WITH A BEARING OF NORTH 430 32' 36" WEST, A DISTANCE OF 36.37 FEEl" TO A POINT; THENCE WITH A BEARING OF NORTH 860 52' 20" WEST, A DIS- TANCE OF 60.00 FEET TO A POINT; THENCE WITH A BEARING"OF NORTH 870.. : 17' 06" WEST, A QISTANCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 010 44:' 21" EAST, A DISTANCE OF 831.30 ,FEET TO A POINT; THENCE : . WITH A BEARING OF SOUTH 880 1:5' 39" EAST, A DISTANCE OF 254.01 FEET TO A POI;-.JT; THENCE WITH A BEARING OF NORTH -080 54' 22" EAST, A DISTANCE OF 65.20 FEET TO A POINT IN A CURVE BEING CONCAVE TO THE NORTH, A RADIUS OF 600.00 FEET, A CHORD BEARING OF SOUTH 840 40' 39" EAST, A CENTRAL . A~GLE OF ]0 10' 02" A DISTANCE OF 75.05 FEET TO A POINT; THENCE WITH A', BE:\RING OF SOUTH 880 15' 39" EAST, A DISTANCE OF i 99.34 FEET TO A POINT; 'THENCE WITH A BEARING OF NORTH 460 44' 21" EAST, A DISTANCE OF 35.35 FEET TO A POINT; THENCE WITH A BEARING. OF SOUTH 010 44' 21" EAST, A DISTANCE OF 626~20 FEET TO THE POINT OF BEGINNING. , ' CONTAINING 11.36 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. . , .___ t.... .'_ . ...".. . .' - , . ~..._..... 00. >._, :"! ..... '. . ' '.P? ~. .' - ~ '.'.- .' /U >> .. " " ... D 8 o . ~ It I FEE 10 '97 04:37PM OCEAN PROPERTIES LTD '0'. " P.3 . ,. . ." . . . '" .... . " , '. . . .. . , · ~...t..,," N t.J V 'I. ~ r (J,() I ~............ CIiiI\ :::1" .a."M - DEEQ THIS DEED,. dated this ~ 4.y of December, 1984, by R1teca Development Corporat:.ion, a Flori.da corporation ('IRit.co"'), and by B. D. Rawls, 169 B. Flagler Street, Sutte 1430, DuPont Building, Miami, Floriaa, as Trustee for Martha Field Fi.t. under that certain indenture of trust known as The Martha Fie14 Fite Trust, dated the 12th day of September, 1984, recorded inOfficial Records Book 4376, page 1612, Public Records of Palm Beach County, Florida, and as Successor ~rustee tor Janet Field Riley under that certain indenture of trust known .s The J.ne~ Field Riley Trust, 'dated the 3rd day of February, 1981, recorded in Official Records Book 4376, page 1'81, Public Record. of Palm Beach County, Florida, ('tRawls"), hereinafter collectively called the Grantor, to Walboyn Development Corp., a .Maine corporation, 8132 West Glades Road, Boca Raton, 'Florida 33434, hereinafter called the Grantee. WITNESSETH: That for ~he sum of Ten Dollars ($10.00) and other , good and valuable consideration, said Grant:.or do hereby grant, barqain, sell, alien, remise, rel.as~ and convey unto the said Grants8, ita succe..ors and assigns in fee simple forever, all that.certain property situate in th~ County o~ Palm Beach, Stat~ of Florida, described as follows: SEE EXHIBIT MAli, attached hereto and made a part hereof. ~ ~%~ SUBJECT, HOWZVER, to tax.. for the y.ar 19S4 an4 'U~8.qu.nt years, to all applicable governmental regulations, to restrictions, reservations and eas.~.nt. of record (it not beinq the intent hereof to reimpose the same). ~ AND R1teco doe. hereby fully warrant the title to Parcels l ' 2 (as shown on Exhibit "All), and will defend t.he same against :~: lawful claims of all persons whomsoever, except as above not:.ed. AND Rawls does hereby covenant with Grantee and liteco that at the time of delivery of this Deed, Parcel 2 (as .hown on Exhibit "All) wa. tree from .11 encwnbranc.. made by Rawl., and. that: Rawls will warran~ and defend Parcel 2 4ga1nst the lawful cl~im. and demand. et all persons claiming by, through or under him, but againlt none other. It' IN WITHaSS WHERBOF, the said Gr.ntc~ have executed this De.d .-- ~ '.. - /";'Nrtd by: ~ ~ 'tD : ",rDAVlD S. PRESSLY !SQ. P.o. .. iiii West Palm Beach. III 33oC02 '\ .... ,0 FEE ,10 '97 04:3~PM,OCEAN PROPERTIES LTD '. . . ,. ~ ., " ~ ... t '. .... P.4 '\' I, " the day and year aforesaid. Siqned, sealed and delivered in the pre.ence of: RITECO DEVELOPMENT CORPORATION ..; (ll~ ~~~N (2) · ((. ;. ~ BYI~,J l.~~ e~ 71Z s 1ce-PresI e~:I!I:CI,. I , ., "" ,.: ~' ~ r. , r.. '., (CORPORATE. ."SCi\. ,..:.... ~ (~.:''r" ,-it :'..i:, .'~, 1.60" '. ~ ~ "-.l ~ _"'I ~c,.'" 1s t c:& I a: ,..':( ,..~. ,':. , _ h...... . ( '. I . .". . -.... I . 1.!Io ...' ~:- ~ , '& -=a \ Qt .... ^.' ow: .. , V': '. ~ (/) ~ ,."-1 . , "/ " ~,,~c:- '. (5 .. , . "", r- ". ~ ..' rt . Ii ..' I. ,. .,. ." Oi'''-~ '...... \. "r "'-.,. t7.': t~' ~, ...I~" (j ~~'- B. D. 12:1. .s Trustee under The M.~th. Fie1d'ri~. Truat and .. SucQes.or Truste. under The Jan.~ Pield Rilay Tru.~. (1) (2) ..." STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was ackno~ledged before me this ,,~ day of December, 1984, by HOWARD WAD! RILEY, III, as Vie~ presIaint of Riteco'Deve1opment Corporation, a Florida corporation, on behalf of the corporation. -.~' ..' ,,~'~,1,;l't'" , . ,\~\~\'~-.I.o:'r.I~". ~,~ 1.1.,'" ~."".~~' ~~Uj~~'~:'I::~ 'i' 'dp~O or.^ Po )~.' ;yr..::;";, , ... .,_., ' ."', ~,~1". . t,( .. '.. . ....: "- liF" , \....:r~, 'p u a'{\ c;- "~t:, I' .,...'''' g I .. .f\... ~":J1. .,.. :....~':.I ,,'t-k ...-. ...~ "'"" ..........l'!.'":..,... "r'1'fl',:jf::ffp::PLORIDA ) COUNTY or DADI ) Th. foregoing instrument wa~ acknowledged before me this li~ day ot December, 1984, by B. D. RAWLS, a8 Trustee. --- t./" AnA;..., 1(/ a,~ ~PUBLIC ---... ~.1. W NOTARY UBLIC My Commission Expire.: . IOTlrt fltile ITlft or rLOt~1 Wf CO_RISSlel r... DEt 1~,I'I' le.DlD tUU nU1I1. liS. UI,. I ,,_,(<NOTA,-Y SEAL) tl'" 'r. L II ""t.';, " J.... ... L, " ' ~ A.. ,~,.,,, 41' r ", ' t . ,."...':, .'".,..c,:' r,.., I . ~~ ,..I r" ;",r I', ,.. '.' ..." .' - .., ~.., I "'" .v' ,(;. .' ,'~-, ./....'.., c: l ';,,1. '..;: ~~ . :.~ , ,.,,'.- ," Z l< ,. " t.'.1 ...... ~ " . , \ " ',' ,~'."., "::T 'c: .'1 .....,;. ~. ('" \ ...:".""", '....:" ,f. '. .,~ ,- . . -. m" ,.~ ~ ,"'... . ..",.., I ..~' ,'''. ,'f"" .', .:"." - -...' I- , .fl'\" "",'", ~ ;0,' ~~~'.. ' ~~ '. .",~:t'l' ~,:t~~... ..4 ~'~'I.I:~ .. .J .J...t", ",,'~'.' '\~ ....,..,., ., C#;,o ~ 'i".r41 ,-"",c-~ '.t!1 "':" Il"'S"l:;'''' ~"" ".. . .,... ';"..v,:,.. ~\..,., '''.'~"ju 1I1l"\\~ .. ... .:... My Commission Expires: NOTARY pueuc STATE OF FlOIUDA MY COMMISSION EJC~ll1S JUNE ,26 1911 IONDfD THlU CiENEIAL IJIl$l.IINQ UNO \1 '\ F~B 10 '97 04:38PM OCERN PROPERTIES LTD '.. .. ,.' " '., P.5 . 'r ~o.~a.l.. \ " A PARCEL OF LAND lVING IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTrON 19, TOWNSHIP II' SOUTH, RANCE .3 eAST, PAI.M B~ACH COUNTY, FLORrOA, SAID LAND BEING MORI! PARTICULARLY DeSCRIBED AS FOLLOWS: COMMENCINC AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A BEARING OF SOUTH sa- "~I 2911 WEST, ALONG THE NORTH LINE OF SECTION 19, A 0151 ANCE OP 60.0 I FEET TO A POINT ON THE W!ST RICHT OF VI A Y LlN! OF CONGRESS A V.ENUE As RECOROED.lN OFFICIAL RECORDS BOOK 3"0, PAGE II., THRU 1120, PALM BeACH COUNTY, FLORIDA; THENCE WITH ^ BEARING OF SOUTH 0' 12' '2" EAST, ALONe THE ABOVE MENTIONED WEST RICHT OF WAY LINE OF CONGRESS A VENUE ^ DISTANCE OF 28'.12 FEET MOR! OR LESS TO THE POINT OF !I!CINNINC; THENCE CONTINU! ALONG THE AFOREMENTIONI!D RIGHT OF WAY LINE A OIST ANeE OF "8.27 FEET TO A POINT ON THE NORTHERLY RICHT OF WAY LINJ! OP THE- L-16 (BOYNTON CANAL); THENce WITH A B!ARJNC OP : SOUTH aa- ", 1,It WEST, A DISTANCE OF 8,.3.01 FEET TO A POINTJ THENC! WITH' A BEARINCi OF NORTH 0'- ..' 21" eAST, A DISTANCE OF "'.47 FEET TO ..-\ POINT; THENCE WITH A BEARINC OF NORTH 4". 47' 01" EAST, A OIST ANC~ OF "'.00 FEET TO A POINT; THaNe!! WITH A BEARINC OF NORTH 61' II' "" !AST, A DISTANCE 01' '2.01 PE~T TO A POINT, THENCE WITH A B~ARINCi 01" NORTH 01- 441 21" EAST; A OIST ANCE OF 292.00 Fl!eT TO A POINT, THENCE WITH A B!ARINC OF SOUTH 18' U' 39" eAST, A DISTANce OF 121.16 PEET TO A POINT; THENCE WITH A BEARINC OP NORTH 67D 00' 00" EAST, ^ DISTANce Of 13..11 PEET TO A POINT, THENCE WITH ^ BEARING OF NORTH 03' ,.,., '7" WEST, A DISTANCE OF 119.'9 FI!!T TO ^ POINT; THENCE WITH A BEARINC OF NORTH IS' ." '9" WE5T, A DISTANCE OF 70.00 FI!ET TO, A POINT; THENCE WITH A Bl!ARING OF NORTH 01- ".' 21" EAST, A DISTANCE OF 130.00 FEET TO A POINT, TH!NC! WITH A BEARING OF NORTH '3D 30' 00" WEST, A DISTANCE OF fl.'. 16, FEET TO A POINT; THeNCE WITH A B~ARINC OF NORTH OlD ,..' 21" EAST, A DISTANCE OF 122.94 FEET TO A POINT; THENCE WITH A BEARING Of SOUTH 17' 17' 06" EAST, A DISTANCE OF 18'.26 FEET TO A POINTf THENCE WITH A 8EARING OF SOl:TH .,. .52' 20" EAST, A DISTANCE Of 60.00 F!ET TO ^ POINT; THENCI! WITH .~ BEARING OF SOUTH .3- 32t 3'" fAST, A OISTANCf OF 36.37 PI!!T TO, A POINT; THENCE WITH A BEARINC OF NORTH 89- "7' 01" !AST, A DIST ANCI! OF 271. J 0 FeET TO A POINTJ THENCE WITH A BEARINCi OF NORTH ...- 'fl' oa" EAST, ^ DIST ANCE OF :5.5.3' FEET MORE OR LESS TO THE POINT OF 8~GINNINCi. .. CONT AININQ 111.4' ACRES MORE OR LESS AND SUBJECT TO !ASEMENTS A~D RJGHT.f\ OF 'II A Y OF R~CORD. . ,. .. ,. :J ~ a u ~ .. a ~t+ra:rr... "1\'" c.Pt. ,) ~...~. .~ .. FEB 10 '97 04:38PM OCEAN PROPERTIES LTD '~ ~. .- P.6 . . ; ~d-tu!-~ ~ A PARCEL OF LAND L YINC IN THE NORTH HALF Of' THE NORTHEAST QUARTER OF SECTION 19t TOWNSHIP ", SOUTH, RANG! 4) EAST, AND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP ,., SOUTH, RANeE- 43 'EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND BI!.INCi MORE ~ARTICULARLY DESCRIBED AS FOLLOWS. CO~.MENCING AT THE NORTHI!AST CORNER OF SECTION 19, THENCE WITH A BE,~RINC; OF SOUTH '1' "~I 29" WEST, ALONG THE NORTH LINE OF SECTION I 9, A DIST ANCf! OF 60.07 FEET TO A POINT; SAID POINT BEING THe POINT OF BECINNINCi ON THE W.EST RIGHT Of "A Y LlN! OF CONGRESS A VENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3"0, PACE 11 t, THRU 1120, PALM ' BEACH COUNTY, FLORIDA; TH!NC~ WITH A BEARINCi OF SOUTH 0' 12' '2" . EAST, ALONCi THE ABOVE MENTIONED WEST RICHT OF WAY LINE OF CONGRESS A VENUE A DIST ANCI! ,OF 28'.12 FEET TO A POINT, THENCE WITH ^ .BEARINC " OF SOUTH "", 1f7' 01" WEST, A 0151 ANCE OF ".3' FEET TO A P9INT. THENCI! WIT-H ,_ A BEARING OF SOUTH .,. ".,. 08" WEST, A DIST ANC! OP 278.10 FEET TO A -POIN'T; THENCe. WITH A BeARING OF NORTH 4]- 32' 36tt WEST, A DISTANC~ OF 36.37 FE!T TO A POINT, THaNe! WITH A BEARINC; OF NORTH 16. '2' 20" WEST, A CIS- T ANCI! OF 60.00 FEJ!T TO A POINT; TH!NCI! WITH A BEARIN(; OF NORTH 87': -. I". 0611 "'~ST, A DISTANCE OF 183.2' PE!T TO ^ POINT, TH!NCE WITH A B!ARINC; 0' NORTH or- ... 21',' !AST, A DISTANce OF 831.30 F!ET TO A POINT; TH!NCE WITH A BEARINC OF SOUTH II' '" 3'" EAST, A DISTANCE OF 2'''.01 PeET TO A POL"T, THENCE WITH A 8EARINCi OF NORTH 01' '1ft 22't EAST, A DISTANCE OP . ".20 FEET TO A POINT IN A CURVE BEING CONCA VI! TO THE NORTH. A RADIUS _ OF 600.00 PEET, A CHORD BEARING OF SOUTH .,.. /f0' ]9" !AST, ^ CENTRAl. ANGLE OP .,. 10' 0211 A DISTANCE OF 7'.0' F!ET TO A POINT. THENCE WITH A 8E.~RINC OF SOUTH 88. IJ' ,,.. EAST, A DISTANCE OF 199." FEET TO A POINTa "THENCE WITH ^ BeARING OF NORTH ,.,. 4'" 21" EAST, A DJSTANCE OF ".:u FE!T TO A POINT, THENCE WITH- A BEARING OF SOUTH 0" ... 2J" EAST, A DISTANCE OF '2'~20 PEEr TO THE POINT" OF BECINNING. CONT AININCi 11.3' ACRES MORE OR LESS AND, sue.:JECT TO EASEMtNTS AND RIGHTS OF WAY OF RECORD. - ..---.,.. ., '. . .. . .. /I I .. , . . . ~ ~D VER'FICD PALM BEACH COUNTY FLA J9HH B, OUNkLE CLERK CrAcurr COUR r ~ Ifl' '\ t)ctf~ lP.:~ ...--... -