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LEGAL APPROVAL Bulem I. Kasrar/ak, NCARB Director DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning BUilding Planning & Zoning Engineering Occupational License Community Redevelopment December 22, 1998 James Harlow Florida Engineering and Environmental Services, Inc. 4519 George Road, Suite 130 Tampa, FL 33634 Re: FileNo.: Location: Steak'n Shake PKL V 98-006 Southwest corner of Old Boynton Rd. & Winchester Park Blvd. Dear Mr. Harlow: Enclosed is the City of Boynton Beach Development Order for parking lot variance approval granted on December 15, 1998. Should you have any questions regarding this matter, please feel free to contact this office at (561)742-6260. Sincerely, 7,--::- w-:, .-: t: Michael W. Rumpf Manager of Planning & Zoning MWR:jma JISHRDA T A\Planning\SHARED\WP\f>ROJECTSISlealr: n ShakeldeveloporderllLdoc America's Gateway 10 tile Gulfs/ream 100 Ea" Boyn'on Beach IIIvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMeNT ORDER OF THE CITY COMMIe. '";ION OF THE CITY OF BOYNTON BEACH. FLOR.._A ~. &~~ PROJECT NAME: Steak 'n Shake APPLICANT'S AGENT: James Harlow, Florida Engineering and Environmental Services...-'nc.. 1" r2 r- -- ., ~ - APPLICANT'S ADDRESS: 4519 George Road, Suite 130, Tampa, FL 336~' I ;l____.. h _. '_.. '-_, " ; ) I DATE OF HEARING BEFORE CITY COMMISSION: December 15,1998 ; ~I DEL._ 2 _'; TYPE OF RELIEF SOUGHT: Parking Lot Variance ! rc-.~';:'J- ; ZiJ:,:,,::; :.:'::T. LOCATION OF PROPERTY: Southwest comer of Old Boynton Road and Winchester Park Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'C" with notation "Included". 4. The Applicant's application for relief is hereby .lL GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 18.-lfc-98 m 'tn., ~ City Clerk JISHROATAIPIam;ng\SHAREDlWP\PROJECTSIS'Hk n Shok.IPKLIIIO_. "doer EXHIBIT "e" Conditions of Aooroval Project name: Steak 'n Shake File number: PKLV 98-006 Reference: Aoolication dated November 4. 1998 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. -f No N er MWRldim J:ISHRDATAIPLANNINGISHARED\WP\PROJECTSISTEAK N SHAKElPKLVlCOND. OF APPR.PKLV.DOC MEMORANDUM TO: NANCY E. BYRNE ACTING DIRECTOR OF DEVELOPMENT FROM: SUE KRUSE, CITY CLERK DATE: AUGUST 12, 1999 RE: EASEMENt~STEAK N SHA~~/ Attached please find a copy of the above mentioned easement which was recorded in Palm Beach County on July 29, 1999. ~~~ C: Engineering Planning Utilities ~,r, I r; j:\shrdata\cc\wp\memoslnancy byrne.doc r; I.; ~ cY-j ~tCf} fxj PD 8<Yf . 3/0 h ~h....- ....- (jcur-:tC'IJ /3c '.3 3'--/J5~3/() ;,,1''';'9-1999 09:16.. 99-31219658 '3 11262 Pg 271 1~~~~~~~~n~~"m~~"~~~I~ EASEMENT THIS INDENTURE made this /7/1. day of ./'-'~'--' , 1999, by STEAK N SHAKE, INC., a corporation existing under the laws of the State of Indiana, and having its principal place of business at 500 Century Building, 36 S. Pennsylvania Street, Indianapolis, Indiana 46204, first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, described in Exhibit A and shown in Exhibit B (the "Property"), both exhibits being attached hereto and incorporated herein, and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants stated herein and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild underground facilities for the above-stated purposes and does hereby grant a perpetual easement on, over and across the Property for said purposes. The second party shall return the Property to its original condition after performing construction, maintenance, repairs, installations, or rebuilds as contemplated herein. Furthermore, except in the case of an emergency, the second party shall provide three (3) days written notice to the first party prior to entering the Property to perform any work and shall conduct all work in a workmanlike, efficient manner so as to minimize any interference with the business being conducted by the first party on the Property. . " 08B 1 1262 Pg 272 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: STEAK N SHAKE, INC, ill r/-;, ~.d~~J '. . ".-" ~ (1).~i) J By. James E. Richmond Its: Vice President ., "'(CORPORATE 'SEAL) . . ATTEST: Mary E. Ham, Associate Corporate \'{ ~'fY\ ecretary STATE OF INDIANA ) ) COUNTY OF MARION ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared James E. Richmond and Mary E. Ham, well known to me to be the Vice President and Associate Corporate Secretary, respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this 17 day of ..5Un~ , 1999.' . ,~ .""" ~~l' cI frxu;fo'd' Michelle L. Mayfield, Notary Public in and for the State and County aforesaid. " " My commission expires: 10/26/01 . . MAP ( JURVEY LOT 42 SUBOMSlON SECTlON 19, TOWNSHIP 45 SOlJ11-l, RANGE 43 EAST PLAT BOOK 7. PAGE 19 SECllON 19 - TOWNSHIP 46 50011-1 - RANGE 43 EAST PAUl llEAai COUNTY. flORIDA POC UTILITY EASEMENT NE CORNER LOT 42 ORB 1 1 2E: Pg 273 I _______J OLD BOYNTON ROAD (BO' RlGttT-Of-WAV) POB UTILITY EASEMENT ---------------,---------~- SOUTI-l R/W UNE OF NORlHERL Y BOUNOARY Of LOT 42 0 OlD BOYNTON ROAD '::j I N 89'50'.16-E 167.26' I I ;o~1 g~1 8~1 . N ~:::I I I 12' UTlUTY EASEMEN~ I N9D'llD'DD"E I ~------~~~~---- --~ N 69'50'16"E ~ 5000' /"..u. r---------- ----, . ,>/' I 119.53'(C) _ ~ LB ') ~I l::i N90"QO'OO"W I ~ __1.0.___-' LJ I ~ L2 10' UTlUTY EASEMENT ;0 ;., '" }I o z , '- ,- I 'jl <'il tS~RLY RjW UNE OF In \ WINCHESTER PARK BLW ~ 12 \ ~~\ EASTIRL Y BOUNQARY Of lOT 42 : I I I I I I \ I I I I \ I I I \ I I I I I 1 I ID.DO'(C) NBS'SO'16 E ,.., <> '" N LOT 42 !- .., '" }I o z I lIl'.. ~;: , ~ , ~ ~ ~'" t). -'" to? 0<0 ..;P .. - . N ~ UNE Ll L2 L3 L4 L5 L6 L7 LS L9 LlD DISTANCE 20.00'(C) ID.OO'(C) 2D.19'(C) B.77'(C) 22.90'(C) 54.BS'(C) 12.00'(C) 49,92'(C) 22.90'(C) 20.00' C ~ DIRECTION 501'06'53-E S88"53'07.W N011J6'53-W N90"OO'OO.W S4S'{X)'OO.W 589"55' 46"W N01'OO'33"W N89"S5'46"E N45'OO'CO"E 501'06'03'"[ ,_1 8~ jg :81 -'" ~ ;:1 I I I I I SB8'09'06.W 10.CO'(C) S 88"09'06.W ~ 4 un~ 217.65' LEGEND P08 POINT OF BEGINNING POC POINT OF COMt-tENCEt-tENT (Cl CALCULATED (P PLAT OR OFfiCIAL RECORDS BOOK R/W RIGHT or WAY PB PLAT BOOK NTS NOT TO SCAlE BL'IJD BOULEVARD UNU.SI JT I[MS THE SlGM,I.1'Ul([ A.ND ~E 0lIl0lNAL lWSED .... OF' A F1.OlIDA LJeDtSrD SURYl"l'OllI AND WUPO T1ft ""/flUOIrT IS ~ ~TIOMAL I"UtlPOSES ONLY N!O IS NOT v.wo. lHS CER11FES mAT 1HE ~ 5aol$ I-EREON WAS PERF't'l'WED UNDEft MY ~'SIJPfiInl'!iON. J.ttO '~lHE: MHMUM TtaiNICAL. ST_MeS $[T rornH BY TtfE 1'1.OftlDo\ BOARD OF' PRon:ssloN.il LAHD.!iUtt't€YORS Ct'iAPTER "'6'11-1. F'ltROA ...o..Nmo\11\i:'cooE:'PURSUN<< to ~-..nD27, FlDIIOA STATUES, ~ THAT THE SYSTCH' KEREON IS'II:._ N#IJ ACCUftA,TE ~TA'11ON THEREOf. TO 1HE !E'5l tIf....y 1<N0M.fDGE AND B..E:CT 1O.N ,lJ'i QJ"A:'I1'6NS SHOWN HERE(JII. ~. DAlE 0i.AJl" . 1. BASIS OF BEARING: THE EAST BOUNDARY OF LOT 42 OF SUBDIVISION OF SECTION 19, TOWNSHIP 45 SOUTH. RAGE 43 EAST, AS RECORDED IN PLAT BOOK 7. PAGE 19, PUBLIC RECORDS Of PLAN BEAOi COUNTY, fLORIDA. SAID LINE BEING S 01'06'03- E, 2. ADDITIONS OR DElETlONS TO SKETCHES OR REPORTS BY OniER THAN THE SIGNING PARTY OR PARllES IS PROHIBITED Yt1THOUT ~TTEN CONSENT OF THE SIGNING PARTY OR PARllES. 2. SKETCH WAS PREPARED Yt1THOUT THE BENEFIT A TITLE SEARCH. 3. BOUNDARY INFORlotAllON IS REFERENCED TO " SUR\JEY PREPARED BY CAMPBELL SURVE'l1NG AND MAPPING. PROJECT NUMBER 98-557. DATED 8-21-98. 4. EASEMENT INFQRUAllON WAS SUPPUED BY FLORIDA ENGElNEERING AND ENVIRONMENTAL SERVICES ON 4-12-99. PRO..ECT NUMBER E98-029.07. I L__ SKETCH ONLY - NOT A SURVEY ROlE SURVEYIfO 4519 GEORGE RD. SUITE 130, TAMPA, FL 33634 . (813) 880-9&23 . FAX: (613) 680-9055 'N SHAKE, INC. UCENSE B\JSlNESS "IfM Y:lotA CHEO<ED BY: fd biT ;TEAK FlELD BOOK: SC A P,C. . . NUM .9010 " EASE-UT.OWG LEGAL DESCRIPTION - UTILITY EASEMENT: ~,J3 1 1262 Pg 274- 0G:iIJf:jY H, WILKEN, CLERK PB COUNTY, i"L A PORTION OF LOT 42 OF SUBDIVISION SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS RECORDED IN PLAT BOOK 7, PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THE SOUTH 320,00 FEET AND LESS THE NORTH 20.00 FEET FOR ROAD RIGHT OF WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 42; THENCE SOUTH 01'06'03" EAST, ALONG THE EASTERLY BOUNDARY OF SAID LOT 42 A DISTANCE OF 20.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF OLD BOYNTON BEACH ROAD AND THE WEST RIGHT OF WAY LINE OF WINCHESTER PARK BOULEVARD, SAID POIN'f ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE SOUTH 01'06'03" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID 'MNCHESTER PARK BOULEVARD, A DISTANCE OF 243.08 FEET TO THE SOUTHEAST CORNER OF LANOS DESCRIBED IN OFFICIAL RECORDS BOOK 5805, PAGE 1429 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE SOUTH 88'09'06" WEST, ALONG THE SOUTH BOUNDARY OF SAID LANDS, A DISTANCE OF 10.00 FEET; THENCE NORTH 01'06'03" WEST. A OISTANCE OF 118.56 FEET; THENCE NORTH 90'00'00" WEST, A DISTANCE OF 119.53 FEET; THENCE SOUTH 01'06'53" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 88'53'07" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 01'06'53" WEST, A DISTANCE OF 20.19 FEET; THENCE NORTH 90'00'00" WEST, A DISTANCE OF 6.77 FEET; THENCE SOUTH 45'00'00" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 89'55'46" WEST, A DISTANCE OF 54,68 FEET; THENCE NORTH 01'00'33" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 89'55'46" EAST, A DISTANCE OF 49.92 FEET; THENCE NORTH 45'00'00" EAST, A DISTANCE OF 22.90 FEET; THENCE NORTH 90'00'00" EAST, A DISTANCE OF 141.05 FEET; THENCE NORTH 01'06'03" WEST, A DISTANCE OF 112,81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID OLD BOYNTON ROAD; THENCE NORTH 89'50'16" EAST, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID OLD BOYNTON ROAD, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 5196.76 SQUARE FEET OR 0.12 ACRES, MORE OR LESS PARENT TRACT LEGAL DESCRIPTION - SUPPLIED BY CLIENT A PORTION OF LOT 42 OF SUBDIVISION SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS RECORDED IN PLAT BOOK 7 AT PAGE 19, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, LESS THE SOUTH 320.00 FEET AND LESS THE NORTH 20.00 FEET FOR ROAO RIGHT-OF-WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 42; THENCE RUN ALONG THE EAST LINE OF SAID LOT 42 ON AN ASSUMED BEARING OF SOUTH 01'06'03" EAST A DISTANCE OF 20.00 FEET TO A POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF OLD BOYNTON BEACH ROAD AND THE WEST RIGHT-OF-WAY LINE OF WINCHESTER PARK BOULEVARD AS NOW EXISTS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01'06'03" EAST ALONG SAID WEST RIGHT-OF-WAY LINE OF WINCHESTER PARK BOULEVARD A DISTANCE OF 243.D8 FEET, TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 58D5. PAGE 1429 OF THE PUBLIC RECORDS; THENCE SOUTH 88'D9'06" WEST, ALONG THE SOUTH LINE OF SAID LANDS A DISTANCE OF 217.65 FEET; THENCE NORTH 01"00'33" WEST PARALLEL 'MTH THE WEST LINE OF SAID LOT 42, 121.95 FEET; THENCE NORTH 89'50'16"' EAST A DISTANCE OF 50.00 FEET; THENCE NORTH 01"00'33" WEST A DISTANCE OF 127.53 FEET TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF OLD BOYNTON ROAD; THENCE NORTH 89'50'16" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 167.26 FEET TO THE POINT OF BEGINNING SKETCH ONLY - NOT A SURVEY b~L/',f ~ UCEN BUSINESS AVlH Y:WA " ADIE SURVE\WO 4519 GEORGE RD. SUITE 1.30. TAMPA, FL JJ6J4 . (813) e80-96ZJ . FAX: (813) se0-9055 STEAK 'N SHAKE, INC. fiELD BOOK: . P.c. . . NUWB 99010 EASE-UT.OWG . . DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 98-312 FROM: Sue Kruse City Clerk /f1.'/-t'Z- Michael W. Rumpf Acting Planning and Zoning Manager TO: DATE: November 9, 1998 SUBJECT: Steak 'n Shake File No,: PKLV 98-006 (required driveway distance from street) Accompanying this memorandum you will find an application and supporting documentation for the above- referenced case. A check in the amount of $400.00 to cover the review and processing of the application requests has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the December 8, 1998 Planning and Development Board Meeting. MWRbme Attachments S:IPlanningISHAREDlWPIPROJECTSISteak 'n Shakellegal.doc NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, December 8, 1998, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider the application for a PARKING LOT VARIANCE on the following described property: Applicant: Steak 'n Shake, Inc. Agent: James Harlow, Florida Engineering and Environmental Services, Inc. Owner: Steak 'n Shake Location: Southwest corner of Old Boynton Road and Winchester Park Boulevard Variances Requested: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 23 - Section 7.H.3 to allow for a reduction of 89 feet from the required 180 feet minimum distance between a driveway on Winchester Park Boulevard and the intersection with Old Boynton Road, and a reduction of 58 feet from the required 180 feet minimum distance between a driveway on Old Boynton Road from the intersection with Winchester Park Boulevard driveway. Legal Description: A portion of Lot 42 of Subdivision Section 19, Township 45 South, Range 43 East as recorded in plat Book 7, at Page 19, of the Public Records of Palm Beach County, Florida, less the South 320.00 feet and less the North 20,00 feet for road right-of-way and being more particularly described as follows: Commencing at the Northeast Corner of said Lot 42; thence run along the East line of said Lot 42 on an assumed bearing of South 01006'03" East a distance of 20.00 feet to a point of intersection of the South right-of-way line of Old Boynton Road and the West right-of-way line of Winchester Park Boulevard as now exists, said point also being the Point of Beginning; thence continue South 01006'03" East along said West right-of-way line of Winchester Park Boulevard a distance of 243,08 feet, to the Southeast corner of lands described in Official Records Book 5805, at Page 1429 of the Public Records; thence South 88009'06" West along the South line of said lands a distance of 217.65 feet; thence North 01000'33" West parallel with the West line of said Lot 42, 121.95 feet; thence North 89050'16" East a distance of 50.00 feet; thence North 01000'33" West a distance of 127.53 feet to a point on the said South right-of-way line of Old Boynton Road; hence North 89050'16" East along said South right-of-way line a distance of 167.26 feet to the Point of Beginning. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of proceedings, and for such purpose, may need to ensure that a verbatim record of the proceeding 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 PUBLISH: The Post - November 23,1998 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 of Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Plannino and Zonino Division PREPARED BY: Daniel DeCarlo DATE PREPARED: November 9. 1998 BRIEF DESCRIPTION OF NOTICE OR AD: Plannino and Development Board Notice for PKLV 98-006 (reduction of driveway distance from intersection) - Steak 'n Shake SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD in Palm Beach Post SEND COPIES OF AD TO: Applicant and Plannino and Zonino Manaoer, Newspaper NEWSPAPER(S) TO PUBLISH: LAST DAY TO FAX TO NEWSPAPER: The Post 11/20/98 DATE(S) TO BE PUBLISHED: 11/23/98 APPROVED BY: /'<<.- L:.- ~ (Origin or) II ~l/f'{ (Date) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:IPLANNINGISHAREDlWPIPROJECTSISteak 'n ShakeILEGAL.DOC