APPLICATION
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-114
TO: Sue Kruse
City Clerk j,
FROM: Tambri J. Heyden, AICP~H ~~
Planning and Zoning Direc~~ f'
DATE: April 22, 1998
SUBJECT: Riverwalk Plaza
Case No.252
File No, ZNCV 98-005 (south buffer wall)
Accompanying this memorandum you will find one (1) copy of the application and related documentation
for the above-referenced case, A check in the amount of $400.00 to cover the review and processing of
this application has been forwarded to the Finance Department
The legal advertisement for same has been prepared for the May 12, 1998 Planning and Development
Board and will be forwarded to your office after review by the City Attorney.
T JH:bme
Attachments
s:\projects\RiverwalkIZNCV\LGL-CASE 252
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal
Advertisement published and must be submitted to the Office of the City Attorney two (2) working days
prior to the first publishing date requested below.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Dan DeCarlo
DATE PREPARED
April 22. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Hearina Notice for Case
No. 252 (meetina Mav 12, 1998) Riverwalk Plaza (south buffer wall)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size. Section Placement,
Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All propertv owners within 400 feet of propertv (postmarked no later than
April 27. 1998), applicant and Director of Plannina and Zonina.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: April 27. 1998
LAST DATE TO FAX TO NEWSPAPER April 24, 1998 at 3:00 P.M,
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:\projectsIRiverwalk\ZNCV\LGL-Case252
NOTICE OF PUBliC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING
AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a public hearing
as indicated below, under and pursuant to the provisions of the Land Development Regulations of
said City:
Case NO.252
Owner:
Applicant:
Requested
Variance:
Location:
Legal
Description:
Riverwalk Plaza Joint Venture
Lee Starkey
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a 6 foot high
chain linked fence along the south property line in lieu of the required 6 foot high
concrete block buffer wall to separate the Riverwalk Plaza from the abutting
residential district.
1606 S, Federal Highway
ALL THAT PART OF SECTION 33, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, LYING WEST OF THE WEST LINE OF ROUSSEAU'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1
PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING EAST OF
THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1. AND NORTH OF THE
WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 2 OF SAID "ROUSSEAU'S
SUBDIVISION", LESS AND EXCEPTING THE NORTHERLY 50 FEEL THEREOF TAKEN
FOR S.E. 15TH AVENUE, AND FURTHER LESS AND EXCEPTING THAT CERTAIN
PARCEL OF LAND DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS BOOK
8531, PAGE 148 OF SAID PUBLIC RECORDS,
TOGETHER WITH ALL THAT PART OF LOTS 1 AND 2 OF "ROUSSEAU'S SUBDIVISION",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 14,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA LYING WEST OF THE WEST
RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY, LESS AND EXCEPTING
THAT PART TAKEN FOR S.E. 15TH AVENUE AND FURTHER LESS AND EXCEPTING
THAT CERTAIN PARCEL OF LAND DESCRIBED IN QUIT-CLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 3402, PAGE 1637 OF SAID PUBLIC RECORDS.
ALL OF THE ABOVE DESCRIBED LANDS BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF LOT SAID LOT 1, AT A DISTANCE OF 50
FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES
41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH
OF THE NORTH LINE OF SAID LOT 1. A DISTANCE OF 83.00 FEET TO A POINT (SAID
LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E. 15th AVENUE); THENCE
SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-
WAY LINE OF SAID S.E. 15TH AVENUE. A DISTANCE OF 320,74 FEET TO A POINT;
THENCE SOUTH 00 DEGREES 18 MINUTES 47 SECONDS EAST. A DISTANCE OF 105.00
FEET TO A POINT; THENCE SOUTH 72 DEGREES 42 MINUTES 45 SECONDS EAST. A
DISTANCE OF 30.79 FEET TO A POINT; THENCE SOUTH 00 DEGREES 18 MINUTES 47
SECONDS EAST, A DISTANCE OF 50 FEET TO A POINT; THENCE NORTH 89 DEGREES
41 MINUTES 13 SECONDS EAST, A DISTANCE OF 21.07 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 298.00 FEET
MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF
Page 2
Riverwalk Plaza
File No. ZNCV 98-005
Case No. 252
THE INTRACOASTAL WATERWAY; THENCE SOUTH 07 DEGREES 07 MINUTES 50
SECONDS WEST. ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE OF THE
INTRACOASTAL WATERWAY. A DISTANCE OF 35.98 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 125.00 FEET
TO A POINT; THENCE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST,
PARALLEL WITH THE WESTERLY RIGHT-OF-WAY OF SAID INTRACOASTAL
WATERWAY, A DISTANCE OF 80.00 FEET TO A POINT ON THE SOUTH LINE OF SAID
LOT 2; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID LOT 2 AND THE WESTERLY EXTENSION THEREOF, A DISTANCE
OF 669.33 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
U.S. HIGHWAY NO.1; THENCE NORTH 04 DEGREES 57 MINUTES 25 SECONDS EAST,
ALONG THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO.1, A DISTANCE OF
225.03 FEET TO THE POINT OF COMMENCEMENT OF A CURVE TO THE LEFT.
CONCAVE TO THE WEST, HAVING A RADIUS OF 2914,93 FEET AND A CENTRAL
ANGLE OF 03 DEGREES 55 MINUTES 10 SECONDS; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 199.40 FEET, TO THE POINT OF TERMINATION
OF SAID CURVE; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF
SAID U.S. HIGHWAY NO.1, NORTH 01 DEGREES 02 MINUTES 15 SECONDS EAST, A
DISTANCE OF 27.09 FEET TO A POINT; THENCE NORTH 89 DEGREES 43 MINUTES 15
SECONDS EAST. A DISTANCE OF 150,00 FEET TO A POINT; THENCE NORTH 01
DEGREES 02 MINUTES 15 SECONDS EAST, ALONG A LINE PARALLEL WITH THE EAST
RIGHT-OF-WAY LINE OF SAID U,S. HIGHWAY NO.1. A DISTANCE OF 150.00 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE; THENCE
NORTH 89 DEGREES 43 MINUTES 15 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-
WAY OF SAID S.E. 15TH AVENUE A DISTANCE OF 170.15 FEET TO THE POINT OF
BEGINNING. CONTAINING 9.79 ACRES MORE OR LESS.
Use: Shopping plaza
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E, Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, May 12, 1998 at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or
file any written comments prior to the hearing date, Any person who decides to appeal any decision
of the Planning and Development Board 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
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH:
The Post
April 27, 1998
S:\projectsIRiverwalk\ZNCVlLGL.CASE252
April?, 1998
Tambri J, Heyden, AICP
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
THE LEE STARKEY GROUP
Planning and Zoning Consultants
11214 Marjoram Drive
Palm Beach Gardens, FL 33418
561 775-0671 Fax: 561 625-9364
RE: APPLICATION FOR ZONING CODE VARIANCE
RIVERWALK PLAZA
Dear Tambri:
Attached is our application for a zoning code variance for the South property line of
Riverwalk Plaza. Please place us on the earliest possible agenda.
Your cooperation in this matter is appreciated and we thank you for it.
Sincerely,
c:\.. .\carey _riverwalk_ variancQ.OO3
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent J. KlIStarltJlc, NCA.RB
Director
Building
Planning 4 Zoning
Englneerlng
Occupational Ucense
Community Redndopment
February 25, 1998
Michael Carey
Riverwalk Plaza Joint Venture
3014 S, Olive Avenue
West Palm Beach, Florida 33405
Re: Application for parking lot variance - Riverwalk
Application for zoning code variance - Riverwalk
Dear Michael Carey:
The two above-referenced applications have been held by my office since the end of December as they
are incomplete and cannot be processed. My staff has called you on two occasions to inform you of the
missing information and to find out when you will complete the applications. Since there has been no
action towards completing the applications, I am returning them. If you wish to resubmit them for
processing. the following infonnation needs to be included:
Zoning Code Variance application:
-11) List of property owners within four hundred (400) feet of the applicant's property.
/2) labels for property owners.
1'3) Postage (stamps or include payment for required postage).
4) Proof of ownership of property.
..-'5) Statement of special conditions, hardships or reasons justifying the requested exception or variance.
Parking Lot Variance application:
1) Statement of special conditions. hardships or reasons justifying the requested exception or variance,
Also enclosed is your check in the amount of $800.00,
If you have any questions regarding resubmitting, please call Senior Planner, Mike Rumpf of my office.
Sincerely,
/:! . <.-J
/~ 5VJ~,..y-lw.u
Tambri J. Heyden. AICP
Planning and Zoning Director
T JH:bme
Enclosure
XC: Mike Rumpf
S:\projects\Rlverwalk\fee return
Ammro~~Ww~w~e~~"~m
100 East Boynton Bmh Blvd,. P,O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX, (561) 375-6259
I
I
I
.
.
"'\
-APPltCATlON ACCEPTANCE DATE:
RECEIVED BY STAFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Tvee
Submittal Date: April 7, 1998
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot(s) ~AA attar-hArt Ayhihit
Block
Subdivision
Plat Book
Page
or otherwise described as follows:
Property Address 1606 South Federal Highway, Boynton Beach, FL 33435
Variance requested Landscape and construct six foot chain linked fence along the South property line
in lieu of masonry wall.
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 survevs by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A, All property lines
B. North arrow
C, Existing structures and paving
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 clans properly dimensioned and to scale showing:
~
Page 3
Zoning Code Variance Application
7. Name and address of owner:
Riverwalk Plaza Joint Venture, Mike Carey Managing Partner
3014 S. Olive Ave., West Palm Beach, FL 33405
8, Name of applicant: Lee Starkey, THE LEE STARKEY GROUP
Applicant's address: 11214 Marjoram Drive, Palm Beach Gardens, FL 33418
Applicant's phone #:
561 775-0671
fax 561 625-9364
Date: April 6, 1998
Signature of Applicant:
TO BE COMPLETED BY PLANNING AND ZONING
1,
Property is presently zoned:
formerly zoned:
2. Property Control Number:
3, Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
4. Nature of exception or variance required:
5,
Case Number:
Meeting Date:
VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RIVERW ALK PLAZA
BOYNTON BEACH, FLORIDA
A, That special conditions and circumstances exist which are peculiar to the land and
buildings involved and which are not applicable to other lands and buildings in the same
zoning district:
The Boynton Beach Development Code currently requires the erection of a
masonry wall between property with a commercial zoning designation and
one with a residential designation. When this property was developed, no
such requirement existed and the site was developed in the manner in which
it exist today.
B, That the special conditions and circumstances did not result from the action of the
applicant.
When constructed, the project conformed to the codes in effect at the time.
Revisions to the approved site plan and subsequent changes to the
development code created the necessity for the variance.
C, That the granting of the variance requested will not confer on the applicant any special
privilege denied by this ordinance to others.
This project is fully developed having been constructed forty years ago. The
current activity involves a change in one ofthe major tenants and the
relocation of minor tenants. Granting this variance will confer no special
privilege not enjoyed by every other similar forty year old developments
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 work unnecessary and undue hardship on the applicant.
There is not sufficient space to construct a footing and a wall along the
subject property line without removing paving and shell base. Removing the
paving would reduce the width of the access way creating a potentially
hazardous traffic condition. Thus would be the hardship to accomplish that
which can be satisfied with the required irrigated landscaping and fencing.
THE LEE STARKEY GROUP+ PLANNING AND ZONING CONSULTANTS+11214 MARJORAM DRIVE. PALM BEACH GARDENS FLORIDA 33418 + 561 775-0671 + FAX 561-625-9364
VARIANCE REQUEST
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS
RIVERW ALK PLAZA
BOYNTON BEACH, FLORIDA
Page 2
E, That the variance granted is the minimum variance that will make possible the
rem'unable use of the land, building and structures
The fence and landscaping combination is a reasonable alternative to
accomplish the goals of the requirement, i.e., visual separation for the
adjoining property. At the time the project was developed, over forty years
ago, the adjacent property was an over-grown, unoccupied and undeveloped
waterway maintenance spoil area owned by the Florida Inland Navigation
District. A chain linked fence separated the properties then. Today, over
forty years later, the site remains over-grown, predominantly with wetland
specie, it remains unoccupied, it remains undeveloped and it remains in the
ownership of the Florida Inland Navigation District.
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 clear intent of this chapter is to provide separation of two dissimilar land
uses. At the time this project developed, there was no such intent. Hence the
Plaza developed as it is today, with insufficient space at the rear of the
buildings for the construction of a masonry wall with its attendant
foundations. The property to the South, owned by the Florida Inland
Navigation District, is undeveloped, lying between the strip commercial
along Highway #1 and the waterway. Much of the property would be
designated as wetland and not subject to development.
THE LEE STARKEY GROUP+ PLANNING AND ZONING CONSULTANTS+11214 MARJORAM DRNE+ PALM BEACH GARDENS FLORIDA 33418 + 561 775-0071 + FAX 561-625-9364
RIVERW ALK PLAZA JOINT VENTURE
MIKE CAREY, GENERAL PARTNER
P,O. BOX 4545
WEST PALM BEACH. FLORIDA
LETTER OF AUTHORIZATION:
This is to authorize Lee Starkey of the LEE STARKEY GROUP to act in our behalf in all
matters pertaining to the application and presentation for a zoning code variance for the
Riverwalk Plaza Shopping Center in Boynton Beach, Florida.
THE RIVERWALK PLAZA JOINT VENTURE
~~
Notary Public:
4\~~
My commission eXPires:d~ Ii, "2.-00"
~, Pa JOHN WALTZlNGER
~~ COMMISSION # CC 560154
>ii t> EXPIRES JUN 17, 2000
.". '" BONDED THIlU
"It
OF f\: "TlANTlC BONDING CO.. INC.
LEGAL DESCRIPTION
ALL THAT PART OF SECTION 33. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING WEST OF THE WEST LINE OF ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1 PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1, AND NORTH OF THE
WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 2 OF SAID "ROUSSEAU'S SUBDIVISION", LESS AND
EXCEPTING THE NORTHERLY 50 FEEL THEREOF TAKEN FOR S.E. 15TH AVENUE, AND FURTHER LESS AND
EXCEPTING THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS
BOOK 8531, PAGE 148 OF SAID PUBLIC RECORDS,
TOGETHER WITH ALL THAT PART OF LOTS 1 AND 2 OF "ROUSSEAU'S SUBDIVISION", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY'.
FLORIDA LYING WERT OF THE WEST RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY, LESS AND
EXCEPTING THAT PART TAKEN FOR S.E.. 15TH AVENUE AND FURTHER LESS AND EXCEPTING THAT
CERTAIN PARCEL OF LAND DESCRIBED IN QUIT-CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK
3402, PAGE 1637 OF SAID PUBLIC RECORDS.
ALL OF THE ABOVE DESCRIBED LANDS BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF LOT SAID LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF
THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST
ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE
OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E.. 1ST:,
AVENUE; THENCE SOUTH 135 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-
WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 320.74 FEET TO A POINT; THENCE SOUTH 00
DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 105.00 FEET TO A POINT; THENCE SOUTH 72
DEGREES 42 MINUTES 45 SECONDS EAST, A DISTANCE OF 30.79 FEET TO A POINT; THENCE SOUTH 00
DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 50 FEET TO A POINT; THENCE NORTH 89
DEGREES 41 MINUTES 13 SECONDS EAST. A DISTANCE OF 21.07 FEET TO A POINT; THENCE SOUTH 00
DEGREES 18 MINUTES 47 SECONDS EAST. A DISTANCE OF 298.00 FEET MORE OR LESS, TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE
SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE
OF THE INTRACOASTAL WATERWAY, A DISTANCE OF 35.98 FEET TO A POINT; THENCE SOUTH 89
DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 125.00 FEET TO A POINT; THENCE SOUTH
07 DEGREES 07 MINUTES 50 SECONDS WEST, PARALLEL WITH THE WESTERLY RIGHT-OF-WAY OF SAID
INTRACOASTAL WATERWAY, A DISTANCE OF 80.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT
2; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST. ALONG THE SOUTH LINE OF SAID LOT
2 AND THE WESTERLY EXTENSION THEREOF, A DISTANCE OF 669.33 FEET, MORE OR LESS, TO A POINT
ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1; THENCE NORTH 04 DEGREES 57 MINUTES
25 SECONDS EAST. ALONG THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO.1. A DISTANCE
OF 225.03 FEET TO THE POINT OF COMMENCEMENT OF A CURVE TO THE LEFT, CONCAVE TO THE WEST,
HAVING A RADIUS OF 2914.93 FEET AND A CENTRAL ANGLE OF 03 DEGREES 55 MINUTES 10 SECONDS;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.40 FEET, TO THE POINT OF
TERMINATION OF SAID CURVE; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF SAID U.S.
HIGHWAY NO.1. NORTH 01 DEGREES 02 MINUTES 15 SECONDS EAST, A DISTANCE OF 27.09 FEET TO
A POINT; THENCE NORTH 89 DEGREES 43 MINUTES 15 SECONDS EAST. A DISTANCE OF 150.00 FEET TO
A POINT; THENCE NORTH 91 DEGREES 92 MINUTES 1 5 SECONDS EAST. ALONG A LINE PARALLEL WITH
THE EAST RIGHT-OF-WAY LINE OF SAID U.S.HIGHWAY NO.1, A DISTANCE OF 150.00 FEET TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE; THENCE NORTH 89 DEGREES 13
MINUTES 15 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY OF SAID S.E. 15TH AVENUE A
DISTANCE OF 170.15 FEET TO THE POINT OF BEGINNING. CONTAINING 9.79 ACRES MORE 03'
LESS.
C:\...\CAREY _RIVERWALK
Page 5
Zoning Code Variance Application
CERTIFICATiON
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
Lee Starkey
THE LEE STARKEY GROUP
11214 Marjoram Drive
Palm Beach Gardens. FL 33418
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1. 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT -
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNING\SHARED\WP\FORMS\APPS\ZNCV\ZNCV.APP
Junel,1997
APR-0S-SB 10,33 FROM.ORIOLE HuMES CORP
ID::...... ~~~
. ~512740068
PAGE
2/6
-...J
THIS INSTRUMENT PREPARED BY AND
SHOULD BE RETURNED TO:
LYNDA J. HARRIS, ESQ.
CARLTON, FIELDS, WARD, EMMANUEL
SMITH & CUTLER, P.A.
222 LAKEVIEW AVENUE, SUITE 1400
P.O. BOX 150
WEST PALM BEACH. FL 33402
PROPERTY APPRAISER'S PARCEL IDENTIFICATION NUMseRS:
08-43-45-33-00-000-1370 and
08-43-45-34-01-000-0011
GRANTEE TAX 1.0. NO:
WARRANTY DEED
THIS WARRANTY DEED, made this 27th day of September, 1996, by and
between FLORIDA BOYNTON INVESTMENTS, INC., a Florida corporation, having an
address at 160 Old State Road, Sallwin, Missouri 63021 ("Grantor") and RIVERWALK
PLAZA JOINT VENTURE, a Florida general partnership. having an address a~
("Grantee").
"-./
W!I N g~~gI H:
That Grantor, for and in consideration of the sum of Ten ($10,00) Dollars, and
other good and valuable considerations to it in hand paid by the Grantee, the receipt
and adequacy of which is hereby acknowledged, has granted. bargained and sold to
the Grantee, its successors and assigns forever, the real property, located and situated
in the County of Palm Seach and State of Florida which is described on Exhibit" A.
attached hereto and made a part hereof.
TH1<J conveyance is subject to the following:
1 _ Taxes for the year 1996 and subsequent years.
2. Conditions, covenants, easements and matters anached hereto as
Exhibit "S".
And the Grantor does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
\......-
W~li.l
APR-06-S8 10:33 FROM.ORIOLE nuMBS CO~p
Io.r--A --~
, 0612740068
PAGE
2/S
'-.../
THIS INSTRU~ENT PREPARED BY AND
SHOULD BE RETURNED TO:
LYNDA J. HARRIS, ESQ.
CARLTON. FIELDS, WARD. EMMANUEL
SMITH & CUTLER. P.A.
222 LAKEV1EW AVENUE. SUITE 1400
P.O. BOX 150
WEST PALM BEACH, FL 33402
PROPERTY APPRAISER'S PARCEL IDENTIFICATION NUMBERS:
08-43-45-33-00-000-1370 and
08-43-45-34-01-000-0011
GRANTEE TAX 1.0. NO:
WARRANTY DEED
THIS WARRANTY DEED, made this 27th day of September, 1996, by and
between FLORIDA BOYNTON INVESTMENTS, INC., a Florida corporation, haVing an
address at 160 Old Srate Road. Ballwin, Missouri 63021 ("Grantor") and RIVERWALK
PLAZA JOINT VENTURE, a Florida general partnership. having an address at
("Grantee").
'--"
W !I b!. 5 s S .E I!t:
That Gramor, for and in consideration of the sum of Ten ($10.001 Dollars, and
other good and valuable considerations to it in hand paid by the Grantee, the receipt
and adequacy of which is hereby acknowledged, has granted, bargained and sold to
the Grantee. its successors and assigns forever, the real property, located and situated
in the COUnty of Palm Beach and State of Florida which is described on Exhibit" A.
attached hereto and made a part hereof.
THiS conveyance is subject to the following:
1. Taxes for the year 1996 and subsequent years.
2. Conditions, covenants, easements and matters attached hereto as
Exhibit "B".
And the Grantor does hereby fully warrant the title to said land, and will defend
the same against the lawful claims of all persons whomsoever.
'-----'
WM)tlS.1
APR-0S-SB 10,34 FROM.ORIOLE HuMES CORP
ID,r~- --..
-5612740068
PAGE
3/8
--/
iN WITNESS WHEREOF, the Grantor has caused these premises to be executed
the day and year first above written.
Signed, seal and delivered
in the presence of:
IUL
W(tness Signat~
FLORIDA BOYNTON INVESTMENTS,
INC. a Florida corporation
By:r\~~~
ROBERT N. ARMSTRONG
"',,.\..,,,., \ c.P<"\.\~
Print Name of Witness
O~~;? ~
,'~ 'f\<..~\:~~
Printed Name of Witness
Its: President
(Corporate Seal)
STATE OF J7~a...t-<-~
'-.../ COUNlY OF~' JP.,,' ...
The foregoing instrument was acknowledged before me this .L.7i:J:..dayof
September, 1996, by ROBERT N. ARMSTRONG, President of FLORIDA BOYNTON
INVESTMENTS, INC., a Florida corporation, on behalf of the corporation. He (please
cheek as applicable] I 0is personally known to me, or has produced I ! his _
(state) driver's license, or I I his {type of identlficationl
as identification.
)1[,,--'1-;:--' ,(t<- .t,~~~_
U (Signature)
(AFFIX !\')TARIAL SEAL)
(Printed Name) i?7' .
NOTARY PUBLIC, STATE OF / 'i~~.-
,--",
IN\llV _DE...-
......,l'\..~r II' ....
. .....~
......~..-
Mirc:-r..........-
(Commission Expiration Date)
(Serial Number, If Any)
W.ll504Ii.I
.2.
APR-06-SB 10:34 PROM:ORIOLE ....JMES CORP
ID,r.....~ --...
::>6i2740068
PAGE
3/6
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IN WITNESS WHEREOF, the Grantor has caused these premises to be executed
the day and year first above written.
Signed, seal and delivered
in the presence of:
w~4Xf
FLORIDA BOYNTON INVESTMENTS,
INC. a Florida corporation
By:rf~~, ~
ROBERT N. ARMSTRONG
~,<',,_"",,\ c.",,,",\~
Print Name of Witness
6tf~:? ~
., "- t\<..-c,.\-~......-<"-.
Printed Name of Witness
Its: President
(Corporate Seal)
STATE OF J7~<Z.........~
'\.J COUNTY OF.Ji. ..J!,. "-d
'The foregoing instrument was acknowledged before me this 2.7-tt.day of
September, 1996, by ROBERT N. ARMSTRONG. President of FLORIDA BOYNTON
INVESTMENTS, INC., a Florida corporation, on behalf of the corporation. He (please
check as applicablel I ViiS personally known to me, or has produced f f his -
(state) driver's license, or I I his {type of identlficationl
as identification.
/7[,,--,,-;:{--- Ltc .t,::1~.
U (Signaturel
(Printed Namel j7J / - -
NOTARY PUBLIC, STATE OF / t.J..~--'-
(AFFIX 1I')TARIAL SEAL)
'"
t.lAI!N ANN DE"-
_..,.I'Il""" ....
. ..........
......~..-
...,c-r........-
(Commission Expiration Date)
(Serial Number. If Any)
..................
WNl50411.1
.2-
'-"
'-..,./
"'__...i
APR-0S-!38 10.34 .FROM,ORIOLE .....JHES CORP
10. r....~ ...-..
e>"i27412112168
PAQS
4/6
EXHIBIT" A.
LEGAL DESCRIPTION
All tbao: part of Section 33, TO\llllShip 45 Scum, Range 43 East, Palm Beach County. Florida, lying w... of the
West liDe of ROUSSEAU'S SUBDIVISION. according 10 the I'Iallhueof. as rw>rded in Pial Book I. Pago 14.
Public Ra:ords of Palm Beach COMty. Florida, lying East of the Easl Riahl-of-Way line of U.S. Highway No. I
and North of the Westerly ",,1""';00 of the South line of Lot 2 of said ROUSSEAU'S SUBDMSION. LESS AND
EXCEPTING the Noltheriy 50 foet Ihereof raken f"r S.S. 15Th AVOllue and FURTHER LESS AND EXCEPTING
that certain p""",( of load de=iboc! in deed recotdaI in Official Records Book 8S31, Page 148 of said Public
Records,
TOG'EnIER WTI'H ALL that potIofLors 1 oad 2 of ROUSSEAU'S SUllDMSION. accotdini' to the: Plat thereof,
as recorded ill Plat Boot 1. Page 14, Public Records of Palm Beach Coullty. Florida lying West of the: Wesl Right.
of-Way Iino "f the Intracoastal WalelWay, LESS AND EXCEPTlNG that part lakeo for S.IS. 1S'Th Avcnue and
:FURTHER LESS AND ISXCEP'l1NG thaI cor<ail1 pareel ofland d.oscriboc! ia Quit-claim Deed =n1ed in Official
Records Book 3402, Page 1631 of said Public Records.
All of the above d=ribed lands boini lI10re particWariy <lescribed by me.... and bounds as foUows:
Beginaing at a poin' iD the We:st line of Lot said Lot 1 al a distanoe of 50 _ South of th. Northw~ C01'QM
tbereof; thence North 89 degrees 41 ...mUI"" 13 seconds Eaot. a101lZ a line parallel with and 50 feet South of the
North line of said Lot I, a dioWlceof 83.00 feet 10 a point (said linulso heW,l the South ~'-of-WaylineofS.E.
15Th A~); tbence South 8S degrees 32 minutes 58 secoads East. along: the South ~'..,f-Way !ine of Aid
S.IS. 15Th A"~ue. a disrance of 320.74 fee< to a point; rheace S01.lth 00 degteeS 18 minutes 47 secoads East a
disrancc of 105.00 feet to a point; tb""cc SOQlIt 72 dea= 42 ...mu.... 45 seconds East a dislance of 30.79 _
to a point: lIton<:e South 00 degrees 18 ...mUleS 47 seconds East a distance of 50.00 fccl 10 a point; th""oo North
89 degrees 41 minu,,,,, 13 seconds East a distance of21.07 feet to a poin'; thence SoQ,b 00 degrees 18 minutes
47 soconds East a distance of 298.00 feet, mOt'e or I.... '0 an in'e"""tiOll willt the Weoterly Right-of-Way line of
tho IntraCOastal Waurway; thence South 07 degrees 07 mitwt"" SO seconds W~ alOl1g the said WO$tecly Right-of-
Way line of the Intracoasrai Wae<way, a distaltCe "f 3S.98 feet to a poin'; lIt= South 89 degrees 41 minutes 13
$eCOtlcls West a dis..."ce of 125.00. re." to a poinl; ~ South 07 degrees 07 minutes SO seconds W..,. pualiel
with the Westerly Ri,lht..,f-Way line of said InltaCoOSr.a1 WaletWlly. a disw,ce of 80.00 feet '" a point On tho South
line of said Lot 2; th..".,. South 89 deg""'" 41 minuteS 13 seconds West, along <he South line of said Lot 2 and the
Westerly Ol<tensiOll dteceof. a diSWlce of 669.33 feet, mote or less, '" a point on <he East Riaht-of-Way line of U.S.
Highway No.1; Th""cc North 04 degrees 57 minuteS 2S seconds East, alODllllte East Righ'-of-Way liDe of said
U.S. Highway No. I. A dis= of 225.03 feet to the point of comm""cettJCn' of a curve to lite left.. coucave to
the w"'. having a radi"" of 2914.93 feet and a CODtra! anglo "f 03 degrees 55 minUIOS 10 seconds; lItence
Northerly. a10nllthe arc of said curve. a di."",... of 199.40 feet to <he poin' of termination of said ClJtve; thence
continuing along the East Right-of.Way line of said U.S, Highway No. I North 01 dOll= 02 minutes IS SCC01lIls
East a dista:o.c. of27.09 feet to a point: th""ce North 89 d.ogr<ea 43ll1illuteS IS sec:ond.s Eas' a distance of 150.00
feet 10 a poi"", thence North 01 deg'""" 02 ...mulOS IS seconds Eas" along a line panollol with the East Right-of-
Way line of....d U.S. Highway No.1. A distance of 150.00 feet to. point on the Sou,b Right-of-Way 1ine of Aid
S.E, ISTh Avenue; thence North 89 <leg...... 43 ...mut.. 15 """,,!leis East. along the South Right-<>f,Way line of said
S.E, 15Th ".' enue, a dist...ce of 170,15 r..., co tho Point of B4giDIling.
W~lS..l
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'-.../
'-..J
',-,,'
APR-0S-ge J0~34 FROM.ORIOLE ..oJMES CORp
ID.r..... ...-.
::>612740068
PACE
4/8
EXHIBIT "A"
LEGAL DESCRIPTION
All tba< put of S<o:tion 33, TowllSbip 45 Sou"'. Rang~ 43 Eut, Palm !leach County. Florida, lying WoO$< of the
West liDe of ROUSSEAU'S SUBDIVISION. accoeding 10 the I:'Iallheteof. as l'W)rtled in Pial Book I, Page 14.
Public Records of Palm Beach County. Florida. lying East of the East Right~f-Way Iin~ of U.S. Highway No.1
ana Norrh of the: Westerly exllOaSiOll of the Soulh line of Lot 2 of said ROUSSEAU'S SUllDlVIsION. LESS AND
EXCEPTING the Northerly 50 foet lhereof t.akeu for S.E. 1m AvOIlue IltId FURTIIER LESS AND EXCEPT!NG
Ib.t certain pucel of !al1d described in deed recoeded in Official &.loords BO<>k 8531, Page 148 of said Public
Records,
TOGETHER v.1TIl: ALL thaI pGttofLoIS 1 ana 2 of ROUSSEAU'S SUlIDMSION, accotding to the Plat theteof.
as recorded in Plat Book 1. Page 14, Public Records of Palm Beach COIIll!y. Florida lying West. of tbe West Right-
of-Way line of the ~ War.erway, LESS AND EXCEPTING that part tak~ for S.5. 15Th Avenue and
FURTHER. LESS AND EXCEP'I1NG that ""....... p...""1 of!al1d d.=ribed in Quil-oaim Deed recorded in Official
Records Boo\:: 3402, Page 1637 of said Public Records.
All of the above described lands boina II10re particularly 4eocribed by metes ancl bounds as foUows:
Beginning at a poin[ in tbe West lin. of Lot said Lot 1 al a distance of SO feet South of the Northwest CortUlC
thereof; <hence North 89 degtUS 41 minUles 13 seconds East, a10lllf a line parallel witb and 50 feet South of lIle
North line of said Loll, a dislallce of 83.00 feet lO a poilIt(said Iinealso beinll the South Righ[-of-Way !iDeofS.E.
ISTb Avenue); thence South 85 <leg.... 32 minutes 58 lleCOIlds East. along the South Right-of-Way !iDe of 5llid
S.5. lsr" Avenue. a dis<anc:e of 320.74 feee to a point; rbeDce South 00 dejltOeS 18 minutes 47 secoads East a
dis<anc:e of 105.00 r.et lO a point; Ibcace South 72 del'C"S 42 minutes 4S """""ds East a dislanc:e of 30.79 feel
to a point; thence South 00 degrees 18 minutes 47 seconds East a dis<anc:e of 50.00 fee< to a point; thence North
89 deg"'''' 41 minutes 13 seconds East a dislanCe of 21.01 foet to a poilll; thOl>Ce Soulh 00 degrees 18 minutes
47 seconds East a disWlce of 298.00 f.... more or I.... to an in",,,,,,,lioll with th~ Westerly Right-of-Way line of
the Illll'>COastat Waterway; thence South 07 deg..... 01 minutes SO socoods W.... along the said W..terly Right-of-
Way Ime of the Inlt3COOSlaI Wau.rway. a di5laace of35.98 feet to a point; th=e South 89 d~grees 41 minutes 13
seconds West a dis<ance of 125.00. f""110 a point; thence South rn degtees 01 minutes SO secollds West, parallel
wilb the Westerly Right-of-Way line of said Intracoastal WalotW2ly. a distal>ce of 80.00 fut to a poilll Oll the South
line of said Lot 2; thence South 89 degreos 41 ltIilluleS 13 seconds Wesr., along the South line of said Lot 2 aud the
Woscerly ""tensiOlllbereof. a disanoe of 669.33 feel. more or less. to a point 00. the East Right-of-Way lineofU.S,
Highway No.1; Thence North 04 degrMs 57 minutes 2S =<>lId> East, along the East Righl-<:>f-Way line of said
U.S. Highway No. I. A distance of 225.03 feel to the point of commetlcement of a CUNe 10 the left. COllcave to
th~ West. having a radius of 2914.93 feet IltId a contt01 IIIgle of 03 d~grees 55 minutes 10 seconds; tbeuc:e
Nort~erly. along the arc of said curve. a distance of 199.40 foot [0 the poin[ of termination of said curve; th=
conlinuing along the East Righl-of.Way line of said \J.S, Highway No. I North 01 dell"""" 02 minutes 15 s<<:Onds
EaSI a distaneo of27.09 f.... [0 a point; <hen"" NoItb 89 cl.ogr... 43 minutes 15 seconds East a distance of 150.00
feet to a poi(.Ll.j thence North 01 d~g~ 02 minuces IS seconds Easl~ along a lin.e parallol with the East Itighr;-or-
Way line of ...d U.S. Highway No.1. A dist:a<IU of 150.00foec to a poin[on the Sou[b Righl-of-Waylin~ of said
S,E, 15Th Avenue; then... Norlli 89 deg..... 43 milluI... 15 secoBds East. along the Soutb Right~f,Way lin~ of said
S.E. 15Th "-' cnue. a distance of 170,15 foet to the POinl of Beginnin,.
WAQ41S..1
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APR-0S-98 10_35 FROH.ORIOLB ...JMES CORP
10. f"~- -...~
:>6'1'2740068
PAGE
5/8
E."hibit "8"
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I.
Terms and provisions as stt forth in Recip=1 Parking Azr...mont and DolCIaratiOll ofRes'rictiOllS
<IalO<i Janua'Y 6, 1970. by and Ixtw""" S.I.C. Associat<s. Inc. of Boyn",n Baeh, a Florida
co'Y""'tiOll. and BBl". IIlc.. an Ohio corporation, recordod in Official Records Bool< 1779. Page
185. as assi:nod by iasttulll101lt """,rdod in Official Rocords Book 2563. Page 284, as modified
by instnmw1ts recorded in Official Records Book 3402. Page 1639. Official Records Book 3402.
Page 1645 and as amended by iDs'rumon' rocordod in Official Records Book 4586.l'age 1126.
Public Records of Palm Bacb County, Florida.
2. Easement in favor of Florida Power & Light Company as .... forth in iDstrlmWlt recorded in
Official Records Book 1842. Page 678, Public Records of Palm Beach County. Florida.
3. Ease"""'t in favor of the City of Boynton Beoich, Florida, as set forth in insttumeAt recorded in
Off",ial &.cords Book 1868, Page 887, Public Records of Pall1lllcach County, Florida.
4. Tem>s and provisiOllS of that cenoin Lease made by Castro Developers, . pIlttnershiP. Lessor, to
The Grand Union Company. a Dclawara cotpORtion. r.es-, dated February 19. 1969 and
Memorandul1l thereof=rded in Official Records Book 1781, Page 547, and rights tbemmder
of the Ussee and any person claiming by, through Of UDder said Lessee, Public Records of Palm
Beach County, Florida.
5. Tem>s and provisions of that certain Lease made by S.l.C. Associates. Inc. of Boynton Beacb.
a Florida corporation. Lessor. to Walg""", Co., an Illinois c:orpotation. :r.es-, dated October
7, 1969 and Memorandum thereof rocorded in Official Records Book: Il109, Page 9. and rights
thCtCUlldcr of the r.es- and any peISOn claiming by, through or UDder said Lessee. Public
Records of Palm Beach COWlty, Florida.
'.......
6.
Terms and provisioDS of that certain Lease made by Castro Developers. a ~p, Lessor, to
S.S. Kr_ Compmy, . Micbigm corporation. Lesoee. dated luly 26. 1976 ...d Memo.....dum
thereof recorded in Official Records Book 2589, Page 448, and rightS thcteWlder of the Lessee
and any person claiming by, through Of WIder said Lessee, Public Recorda o(Palm Beach County.
Florida.
7. All terms and provisions of existing ""recorded I..... and sll rightS themmder of the Lessees and
any person claiming by. thtouib or under said Lcss= as set forth in Exhibit 'C' attached hereto.
8. Terms and provisions of that cenain Lease mad. by Invest"'" Realty T tu$t. a businoss lrust
otganizol<! ""der the laws of the State of Tenn....... !.cosor, to lames D. Castro. 'Thomas K.
Ireland and Bernard Schoninger, dlbl. Castro Developers, Lessee, dated JWI<l 29. 1971, recorded
in Official &.cords Book 1912. Page 729, and rights thereunder of the Lessee and any persall
claiming by. through or UIlder said Lessee; Lessor's inte:resl in and ro said Uase having been
transferred. by various m.:sne. instruments and court proceeding$~ the last being in favor of MNSB
Properties~ Inc.. a Missouri corporation; Lessee~s intuest ic. and to said Lease bavin: be=.
transferred. by various mesne instrumt:nts and. court pCQCee(].i.c.gs, tb.e last being in. favor of MNSB
Properties. Inc., a Missouri corporation. Public Records of Palm Beach COWlty. Florida.
9. Terms. provisions and conditions as .." forth in o.ed from MNSB 'Properties. lnc., to Florida
Boynton Investmel1ts. Inc.. a Florida corporation. =rded in Official RocorrIs Book &291, Page
825 and as recot<led in Official R<eords Book 8916. Page 1035. Public Records of Palm Beach
County. Florida,
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W../lll5Olll.1
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APR-0S-98 10:35 FROM:ORIOLE hOMES CORP
ID.:....... ---
::>6i2741<11<168
PAGE
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Exhibit "S"
"--/.
1.
Terms and provisions.. sot forth in Rocip.-ocal Parking Azr...mont and Declaration of Rest ricti OIlS
dalold January 6, 1970. by and bttweon s.l.e. Associates. Inc. of Boynton ~eh, lL Florida
co<p<>ratioD, an<l BBl'. Inc.. an Ohio corporation, recorded in Official Records Book 1779, Page
185, as assi:nod by insttlllt\Cllt .-.eord.od in Official Roeords Book 2563. Page 284, as modified
by inslIWDODlS recorded in Official R_rds Book 3402. Page 1639. Official Records Book 3402.
~ 1645 and as .mondod by insmllnen' recorded in Official R=ords Book 4586, Page 1126,
PIIblic Records of Palm Beach COIIDty. Florida.
2. Easement in favor of Florida Power & Light Company as set forth in instrument recorded in
Official Records Book 1842. Page 678, Public Records of Palm Beach Collllty. Florida.
3. Easement in favor of the City of BoyntoD Beacl1. Florida, as set forth in inslrUme.Dt recoIllecl in
Off..ial Records Book 1868. Page 887, Public Roeords of Pall1lllo>acb. Collllty, Florida.
4. T el'lllS and provisicm of chat <:<<tain Lease made by Castro Developers. a partnership, L<:ssor, to
The Grand Union Cotopany. . Delawara eorpontion, Lessoe. dated February 19, 1969 and
MelDOrandl1ll1 theteClf recorded in Official Records Book 1781, PRee 547, and rights the:rewlder
of the Less.!e and any persou claiming by. through or UDder said Lessee. Public Records of Palm
Beach COUDty. Florida.
5. Tcrms and provisions of that certain Loose made by S.I.C. Associates. Inc. of Boyntol1lleacb.
a. Florida corporation. Lessor, to Walg""", Co,. an illinois corporation, Leuooo, 4aled. October
7, 1969 md M"II1Orandum thereof =rcled in Official Records Book lS09. Page 9. an<l rights
therellllder of the LAossee and any person claiming by, through or under said Lessee. Public
Records of PaI.ul Beach COUDty, Florida.
........--
6.
TCl'IIlS and provisions of that certain Lease made by Castro Developers. a pattuerShiP. Lessor, to
S.S. Kresp Company, a Michigan co1'p<mlion. Lesoee, cIaled July 26. 1976 and MemorandUD1
thereof =rded in Offieial Records Book 2589, Page 448, and ri&blS thereunder of the Lessee
and any person claiming by, through or under said Lessee, Publio Records of Palm Bead> COUDty,
Florida,
7. All "'nxlS ....d provisioDS of existing unrecorded I..... and all rights theteunder of Ih" Lessees and
any person olaimiog by, through or under said Lessees as set forth in Exlu1>it 'C' attach.od hereto.
8. Tenus md provisions of that certain 1.<ase made by Invost= Realty Trust. a bl&siness trust
Ofi~ under the laws of the S"'.. of Tennessee, Lessor, to James D. Casuo. Thomas K.
Ireland and Bernard Schoninget, dlbfa Castro Developers, Lessc:, dated JUDC 29, 1971, roc:o:ded
in Official Records Book 1912. Page 729, and rights therOl.l1lder of the Lessee md any person
claiming by, throul:h or under said Lessee; Lessor's iDterest in and 10 said Lease having been
lransf=ed by various mesne ins'rumellts and court proooedings, the last being in favor of MNSB
Properties~ Inc.. a Missouri ~rporation; Lessc~~ts interest i.a and to said Lease bavi.n:: bee4.
transferred by various mesne iDst[UQ1.::D.[S and co\.1tt proceedings, the last being in favor ofMNSB
Propertios. Inc.. a Missouri cO'Potation. PIIblio Records of Palm Beacb County, Florida.
9. Terms. provisions and eonditions as set forth in Deed frolD MNSB 'Properties. Inc., to Florida
Boynton Inves~l.S. 1I1c_. a. Flori(la. corporatioo. recotd~d in Official Records Book &291, Page
825 and as ",corded in Official R"""rds Book 8916. Page 1035. Public Records of Palm B;oach
County. Florida,
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W.$lI5Cal&.l
.4-