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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 -----/ 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 $eCOtlcls West a dis..."ce of 125.00. re." to a poinl; ~ South 07 degrees 07 minutes SO seconds W..,. pualiel with the Westerly Ri,lht..,f-Way line of said InltaCoOSr.a1 WaletWlly. a disw,ce of 80.00 feet '" a point On tho South line of said Lot 2; th..".,. South 89 deg""'" 41 minuteS 13 seconds West, along <he South line of said Lot 2 and the Westerly Ol<tensiOll dteceof. a diSWlce of 669.33 feet, mote or less, '" a point on <he East Riaht-of-Way line of U.S. Highway No.1; Th""cc North 04 degrees 57 minuteS 2S seconds East, alODllllte East Righ'-of-Way liDe of said U.S. Highway No. I. A dis= of 225.03 feet to the point of comm""cettJCn' of a curve to lite left.. coucave to the w"'. having a radi"" of 2914.93 feet and a CODtra! anglo "f 03 degrees 55 minUIOS 10 seconds; lItence Northerly. a10nllthe arc of said curve. a di."",... of 199.40 feet to <he poin' of termination of said ClJtve; thence continuing along the East Right-of.Way line of said U.S, Highway No. I North 01 dOll= 02 minutes IS SCC01lIls East a dista:o.c. of27.09 feet to a point: th""ce North 89 d.ogr<ea 43ll1illuteS IS sec:ond.s Eas' a distance of 150.00 feet 10 a poi"", thence North 01 deg'""" 02 ...mulOS IS seconds Eas" along a line panollol with the East Right-of- Way line of....d U.S. Highway No.1. A distance of 150.00 feet to. point on the Sou,b Right-of-Way 1ine of Aid S.E, ISTh Avenue; thence North 89 <leg...... 43 ...mut.. 15 """,,!leis East. along the South Right-<>f,Way line of said S.E, 15Th ".' enue, a dist...ce of 170,15 r..., co tho Point of B4giDIling. W~lS..l -3- '-.../ '-..J ',-,,' APR-0S-ge J0~34 FROM.ORIOLE ..oJMES CORp ID.r..... ...-. ::>612740068 PACE 4/8 EXHIBIT "A" LEGAL DESCRIPTION All tba< put of S<o:tion 33, TowllSbip 45 Sou"'. Rang~ 43 Eut, Palm !leach County. Florida, lying WoO$< 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 -3- APR-0S-98 10_35 FROH.ORIOLB ...JMES CORP 10. f"~- -...~ :>6'1'2740068 PAGE 5/8 E."hibit "8" -------. 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, '-../ W../lll5Olll.1 .4- APR-0S-98 10:35 FROM:ORIOLE hOMES CORP ID.:....... --- ::>6i2741<11<168 PAGE 5/8 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, '---" W.$lI5Cal&.l .4-