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LEGAL APPROVAL " ~ I ,i :I ORDINANCE NO. 095-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING BOYNTON COMMON$_ (LOCATED AT THE SOUTHWEST CORNE~ UF OLD BOYNTON ROAD AND CONGRESS) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO PLANNED COMMERCIAL DEVELOPMENT; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton it Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Robert A. Bentz/Land Design South, agent for the owners of the property more particularly described I hereinafter, has heretofore filed a Petition, pursuant to Part ,i I , III of the Land Development Regulations, Chapter 2, Zoning of II I the City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 24.74 acres, I! 'I il said land being more particularly described hereinafter, from C-3 (Community Commercial) to Planned Commercial Development, which requests that the 24.74 acre tract be removed from the boundaries of the C-3 zone to allow for the processing of the rezoning application; and " '1 WHEREAS, the City commission deems it in the best 'i interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby rezoned from C-3 (Community Commercial) to Planned Commercial Development. A location map i8 attached hereto a8 Exhibit "B" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Sect- ion 1: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Sect] on 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this 7' day of ~V..SM.r.;u;-A;' , 1995. SECOND, : i dVG'/7?-&:.< , II I I FINAL READING and PASSAGE this cP'/ day of 1995. CITY OF BOYNTON BEACH, FLORIDA 77J[;i / - I<~ /,..,/ ,y,~ / ~{"...;;, -.....Ec.i--' " ,I il , I ATTEST: I I v:.~~'N. I city Clerk (Corporate Seal) Mayor ~./ ~ I. ;~ YUIZ,. ~'-tO 'G-Ir~o-v~. commi(s5ion~r </ "'.) 2 // lo/ 0....,.;(; (~~<--.- C'6Inrniss:lon~ , Boynton Commons.Rezoning 11/2/95 i , NOTICE CITY OF BOYNTON OF ZONING CHANGE BEACH PUBLIC HEARINGS The City of Boynton Beach proposes to rezone the area shown on the map belo.... Public hearings on this proposal will be held before the Planning and Development Board on October la, 1995 and before the City Commission on October 17, 1995, both at 7:00 P.M. or as soon thereafter as the agenda permits, at City Hall in the Commission Chambers, 100 East BO~lton Beach Boulevard, Boynton Beach, Florida. IU kNTON BEACH MALL v~ '\ 4 \ r'-\ . ~ , ,[ ': I . ; ; ----. : :....1 [!]m ~.~\ .... ~I '~:I i , : ~ "BOYNTON COMMONS" , , , , , , , , 11 ,', " L' " = OCEAN TI " -' , n 'fJ !fiiI REZONING " I' .' " " " " " l: ': ,'.&1' ~ ..-:._......., I. PETITIONER: AGENT: INTENDED USE: LOCATION: Boynton Commons Corporation Robert A. Benz/Land Design South Shopping center 24.74 acres bounded by Congress Avenue on the east. old BO~lton Road on the north, Winchester Park Boulevard on the west, and the L.W.D.D, (L-24) Canal on the south. Complete legal description on file in the Planning Department, 100 East BO~lton Beach Boulevard, Boynton Beach, Florida. LEGAL: REQUEST: REZONE: From - C-3 Community Commercial To - PCD Planned Commercial Development MASTER PLAN APPROVAL For a shopping center consisting 186,130 square feet of retail shops including a restaurant, bank, pharmacy and other major and minor tenants. REQUEST: A COPY OF THESE APPLICATIONS AND CORRESPONDING LEGAL DESCRIPTION ARE AVAILABLE FOR REVIEW BY THE PUBLIC IN THE PLANNING AND ZONING DEPARTMENT AND IN THE OFFICE OF THE CITY CLERK. 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 ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THF. ABOVE MATTERS. MISCX: BCOMl'I400 .AD SUZANNE M. KRUSE CITY CLERK PLANNING AND ZONING DEPARTMENT MEMORANDUM #95-378 TO: Sue Kruse City Clerk FROM: Tambri J. Heyden Planning and Zoning Director DATE: September 25, 1995 RE: Rezoning from C-3 to LRC Boynton Commons File # REZN 95-003 Accompanying this memorandum you will find for your files the application and related documents for the above-reference rezoning application. The $1,500.00 application fee for staff processing and review has been forwarded to the Finance Department. Thank you. MISCX:BCOMNEWS.AD 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 eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael Rumpf DATE PREPARED: Sept. 25, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Rezoninq from C-3 to PCD the S. W. corner of Old Bovnton Road and Conqress Avenue. (BOYNTON COMMONS - HEARING DATES OCTOBER 10, 1995 AND OCTOBER 17, 1995) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) as required bv Florida Statutes SEND COPIES OF AD TO: Newspaper, applicant, Planninq and Zoninq Department. NEWSPAPER(S) TO PUBLISH: To be determined bv Citv Clerk DATE(S) TO BE PUBLISHED: To be determined bv Citv Clerk APPROVED BY: (1) (Department Head) (Date) (2) (City Attorney) (Date) (3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a legalnot.378 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that public hearings on the application described in this advertisement will be held by the CITY OF BOYNTON BEACH, and specifically, before the Planning and Development Board on Tuesday, October 10, 1995 and before the City Commission on Tuesday, October 17, 1995 both at 7:00 P.M. or as soon thereafter as the agenda permits, at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. APPLICANT: Boynton Commons Corporation AGENT: Robert A. Bentz/Land Design South LEGAL DESCRIPTION: Legal description on file at the Planning and Zoning Dept., City of Boynton Beach, 100 East Boynton Beach Boulevard, Boynton Beach, Florida PROJECT NAME: Boynton Commons PROPOSED USE: Shopping Center including restaurant, bank, pharmacy, and other uses. LOCATION: 24.74 acres bounded by Congress Avenue on the east, Old Boynton Road on the north, Winchester Park Boulevard on the west, and the L.W.D.D. (L-24) Canal on the south. REQUEST: Rezone from C-3 (Community Commercial) to PCD (Planned Commercial Development) All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or the City Commission 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. Please call (407) 375-6260 if there are any questions on this information. SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH MISCX:BCQMNEWS.AD PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-487 TO: Jim Cherof FROM: Michael E. Haag DATE: september 5, 1995 SUBJECT: Boynton Commons - Unified control Documents (City Attorney Approval) File No. RBZN 95-003 Find attached a draft copy of the above-referenced document for your review. Please ensure the document is in compliance with the Ci ty' s Code of Ordinances. The document is being submitted in connection with a rezoning request. The property identified on the enclosed survey 1s being rezoned from C-3 to PCD. The rezoning request is being advertised for review by the Planning and Development Board on October 10, 1995, and the City Commission on October 17, 1995. The final document including appropriate exhibits and recording of same with Palm Beach County will not occur until the City Commission approves the rezoning and plat. The final version of the plat and master plan will not be of record until the applicant addresses comments and conditions approved by the City Commission. Therefore, we are requesting approval of the legal content of the document, excludin'g the exhibits, at this time. With regards to the review of the document, the Planning and Zoning Department believes the following concerns should be addressed: Include language that identifies the land is zoned PCD. Will 7.2 of Article VII cover future subdivisions of land within the Boynton Commons PCD? If not language should be added. Exhibit "A" should be changed from the survey to the plat. Appropriate signatures should be on the document you approve. If you find our comments are appropriate please include them with your l-eview. Upon your approval of the document please forward the document to the Director of Planning and Zoning. This department will hold the city approved document until the appropriate exhibits are added. The applicant will then have the responsibility to record the document and return a copy of same to the city. Thank you for your prompt response. ~:tlc?4 E. Haag Attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that public hearings on the ap described in this advertisement will be held by the CITY F BOYNTON BEACH, and specifically, before the Planning and Develo ment Board on Tuesday, october 10, 1995 and before the city mmission on Tuesday, october 17, 1995 both at 7:00 P.M. or as s n thereafter as the agenda permits, at the CITY HALL COMHISSIO CHAMBERS, 100 East Boynton Beach Boulevard, Boynton Beach, Flor'da. I AGENT: Robert A. Bent Design South APPLICANT: Boynton Commons LEGAL DESCRIPTION: Legal description on file at the Planning and zoning Dept., City of Boynton Beach, 100 East Boynton Beach Boulevard, Boynton Beach, Florida PROJECT NAME: Boynton Commons PROPOSED USE: Shopping Center including restaurant, bank, pharmacy, and other uses. LOCATION: 24.74 acres bounded by Congress Avenue on the east, old Boynton Road on the north, Winchester Park Boulevard on the west, and the L.W.D.D. (L-24) Canal on the south. REQUEST: Rezone from C-3 (Community commercial) to PCD (Planned Commercial Development) All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or the City Commission 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. Please call (407) 375-6260 if there are any questions on this information. SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH MISCX:BC~MNBW6.Ar. 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 eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael Rumpf DATE PREPARED: Sept. 25. 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Rezoninq from C-3 to PCD the S. W. corner of Old Bovnton Road and Conqress Avenue. (BOYNTON COMMONS - HEARING DATES OCTOBER 10. 1995 AND OCTOBER 17. 1995) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Head1 ine, Type Size, Section Placement, Black Border, etc.) as required by Florida Statutes , SEND COPIES OF AD TO: Newspaper. applicant. Planninq and Zoninq Department. NEWSPAPER(S) TO PUBLISH: To be determined by city Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ( 1 ) Jtt/ t:-. '7 .-/' ~ rrff (Department Head) ~AI't6 (Date) (2 ) (City Attorney) (Date) (3 ) (Date) (City Manager) RECEIVED BY CITY CLERK: COMPLETED: to;le'OlIlnot. 37.. SEP- 1-95 FRI 9:26 LAND DESIGN SOUTH 40747851312 P.02 . ~(Q)[}?)W PREPARED BY; MARK A, PERRY, ESQ. SO SE Fourth Avenue D.lro~ Beoch, Fl 33433 R<nJI1IHO' j l.AI<E WORlli DfWNA()E DIS. 1S0ll1 MllITNW TRAIL DEU\AV eeACH, FL 33-484 APR~t.Hq94 1l:15am 94-131676 ORB 8215 pg 629 I 1.1"..1111. 111111 I 1'1 Con 10.,00 Doc .70 QUIT,CLAIM DEED Doc, No. ~?oo. A THIS QUIT-ClAIM DEED, execuled Ihls -.L.2.. da~ of ~ ~~ . 1993 by LAKE WORTH DRAINAGE DISTRICT, a Special Taxln8 Di,lrict, existing unde, Ih. Laws of Ihe Stale of Florida, ond having its principal place or business allJ081 MililaryTrall, Defray Beach, florida 33~B4, First P",ty, to: BILL R. WINCHESTER, 55#267-46-4740 ,whose rnoili;'g addre,s Is r.O, Drawer 12~O, Boynton Beach, flo,id~ 33435, Socond rart~: (....h,.'l1~....~'1 1J!lc;'I'l hl'rClI" tftr ICfm 'f hlll"IIh" .n:l .St'{"(Jfuf 1'.::IIr" 'nthlt~ IlnBl.I~r ood IIIVf~I,Il\:h!l, I~,' ~11I('u:'n'~IM.'li, "ntl il:1~'1I'11 brlllllivhlll;\h, tnd Ihe 111(CC1!DlJ iI~' a,~lanl of COFll{lf.,IMI. wllCl'If'rff Il,~ ((J~lnJ 111 ~dmih Of l':!tI\tlr'~d I WrrNESSET H, Thallhe said Flrsl Parly, ror .n In considerallon of Ihe sum of Ten (~10.00l Doll.r; in hand paid by the ,aid Second Party, lhe receipt "'"ereof Is h.r.by acknowledged, do.. hereby remi.e, relea,. and qUit-claim unto the ,aid Second rafly (o'ove', ,11 Ihe right, litle, inl.r..t, clai", and demand whkh lhe ,.Id FI..t Parly h., in and to the following described lot, piece Of parcel of 1811d/ ,ituate, lying Iilnd being in I~le County of Palm Beach, Slate or I=lorldal to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF TO HAVE and \0 HOLD the same logethe, with all and singular Ihe appurlenances thereunto belongi"8 or anywise ~ppeflalnlng, and alllhe estale, rIght, title, Interest, lien, equily and claim whatsoever of the said First Parly, either in law or Cqllily, 10 111e only proper u,e, benefit and behoof of Ihe said Second Pony forever. IN WiTNESS WHEREOF the said Flrsl Party has caused ihese presents to be executed in its name, and its corpo'ale seal to be he'eunlo affixed by ils proper office,s thereunto duly authorized, the day and year lirst above writlen. ATTEST: ocrelary LAKE WORTH DRAINAGE DISTRICT A Special Ta.lng Dbtricl . c.. k. ~ U)-'d<.r""'--" C. Slanley, We~, er, President 13081 Military Trail Delray Beach, FL 33484 BY: Signed, Sealed and Delivered In lhe Presence of: ,. \..5'IJ d 11 ..{i)u ,.,Iv ;t. Witness Signature 0(.<,',1'1'" P'G.l/1iI.Jc.t<. ~~~~:A~w~~s. ~~.~.€ W)\nes' Slgnalure \1c' ;':/15 ~<'t"t.t,'-'<'''~~ Printed Name of Witness [SEAL] . .:\,~y."~": . ...tl~,"" 'f"t... '. ;;.:.h,.~\~~..~....\ . .~. '., ..' ~,' , . , ,.....'\ ~.."". - ',.",. . ,""t,l';"-'; - .;:1" t,;1 .J' .",,:. .f 'r'<III.V ...,...... ..I'....~.~ -''''/!,?~,''':'''!i I U' ';:"'I'rlt/~:'r ,t" A..l . ',"j!t \ti:p,t,:. ..i~" "~:., "'>J.,llc I U Ii ..,f.?: ..,11' .J....~:'r ~,l d,:...... " :: ~ L:tD ,~"':V1'.~3U'in'.A ~~~., " J" ....Ii ',,".'" ," \,.t ""'A...-tb_ ,1t...... ..\" .. , f" \1 '1'- ;'.~ '" ." .~.", r ,..0,../." .,~f;,. ..L~'r'. .. ,!' ,./j>. '..; OOU~ /~~,.,..."", ',d'/i.~IJ"'~''';;:V'1'V'''' "...~ H,I: {,;,Y.'. Y. ,'1, " " ;". \"" .":. ", .,,,," '. ~ . ," .,..... \" , ".1'" STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY Ihal on Ihls day, before me, an officer duly authorized In the St~te and County aforesaid to take ackl1owledgments, personally appeared C. STANLEY WEAVER and WILLIAM G, WINTERS, the President and Secrelary, respectively of the lAKE WORTH DRAINAGE DISTRICT, kllown to me, and who did not take an oath, ^,' . WITNESS my hand and official seal In the Counl~ and Slate 1.,1 .ror..,ld this th..).S: doy of ~ 1993, .J.., .. /L../.Dt./ -t7'N?TAAY~LltV ~ - c-7041v,AJ /J1, At//).<.. Printed Nome of No. y S..t@ ", Florida My Commi,sion t:)(plres; ,"'""MI"I.'" '1<"01 .\.o"':~7 PfJ ~ OFf,el1\1,. NOT IU~~ Sl:AL n.... 4".-: JOAN'l M ~VlOR '~'I' ~\"- ..... ~.r:J.-,~;! ';t r;;oMrIIl:r~lor4 "t,.l~D~~ ~ \.t,.~~ ~ ce~l)Q!t,74 ".s -z,~ jJ MY CO.':IIVIIS~i10'" EXP. .' Or r~\O,~...A':'.2.:-31!2~!,? J~(Q)lFDW Y , PREPARED BY: MARK A. PERRY, ESQ. 50 SE Fourth Avenue I Delray Beach, Fl 334B3 RETURN TO: LAKE WOAlH DAAlNAGEDIS. 13081 MH..ITARY 1RAn. DELRAY BEACH, FL 3344 APR-14-1994 11:15am 94-131679 ORB 8215 pg 644 I .11...1111111 .11111 III Con 10.00 Doc . 70 QUIT-CLAIM DEED Doc. No, 10'99 -It nlls QUIT-CLAIM DEED, executed this ~ day of /lu~. 1993 by LAKE WO~TH DRAINAGE DISTRICT, a Special Taxing District, existing under the Laws of the State of Florida, and having its principal place of business at 13081 Military Trail, Delray Beach, Florida 33484, Firsl Parly, 10: WINCHESTER, WINCrlESTER, ZEIHER AND SCHROEDER, a Florida General Partnership, Tax 1.0,/159-2081484 . whose mailing address is 2255, Glades Road, Boca Ralon, Florida 33431, Second Party: ' ' (Whenever used herein the term ~nl1l rallY. and .Second Party. Include ,Insular alMI plural, hein, Jesal rrpresenl.illves, "nd assl8ll' ollodlvlduals. and the suCCessOB 100 ilIisll'u 01 corporal Ions, wheMWf llll~ canlelll $0 ildmws Of requires.) WITNESSETH, Thallhe said First Party, for an in consideration ollhe sum or Ten ($10.001 Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit,clajm unto the said Second Party lorever, all the righi, title, interest, claim and demand which the said First Party has in and to the following described lot, pjece or parcel of land, situate, lying and bejng in the County or Palm Beach, Stale 01 F1ori<;la, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF TO HAVE and to HOLD the same toge'ther with all and singular Ihe appurtenances thereunto belonging or anywise appertainjng, and all the estate, right, title, interest, lien, equity and c1ajm whatsoever or the said Fjrst Party, either in law or equity, to the only proper use, beneHI andbehoor or the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed jn its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above wrillen. ATTEST: LAKE WORTH DRAINAGE DISTRICT A Special Taxjng District {'.. '1&:. ~ u J 2_.:r<s- C. SIan ley, We er, President 13081 Military Trajl Delray Beach, FL 33484 BY: Signed, Sealed and Delivered In the Presence of: ~~<Ao--Q~j~j Witness Signature 0~(.;:>I'IN .TJ,ft)#c/<. ~\ed _N~ of Witness..( pj1 ~,/ ""1C4_~~~'.~ W)tness Signature yj"c-X/G . <J/'h.A2. Ll.k'(I~fl. Printed Name or Witness [SEAL) ~;;)U!:.~;~:.:,::( ,.. '.~_' ~" ..(;)a ......."1,. ...,'':;':.:~::'' ~ " ~,.;~".....' J'~1';"!~ .r:::'..... .....Sf ,.....,...,,' . ,I ~ ,,,'" . 6' o. l.....~. ..... .0 .1 . \I J '," ",~'- , (. ..... '" .1' ',' ," : <.~'{ \19 } U r:;:t..~. \ ~~, ' r' ::;;~o.ul,\v"(ijlnllll ::,' '. ..., .r.~ .. fl' .,\ ",\ ,. \ ': I;.~:",'~~'':' .....c:._ ".. .: "...' .."\...,, (\.~ ....;:':- . . '"",",,"'0 l/lJ"'\'~"""'~>" , .." / .'....1t/.. ,..~~.,~....~~~. ' , , ",,' Vu(! ~\"" .' . . ~\ :",~...:>~;~,(;:' STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, belore me, an ollicer duly authorized in the Stale and County aforesaid to take acknowledgments, personally appeared C. STANLEY WEAVER and WILLIAM G. WINTERS, the President and Secretary, respectively 01 the LAKE WORTH DRAINAGE DISTRICT, known to me, and who djd not take an oath, fu~ WITNESS my hand and ollicial seal in the County and State last aforesaid this the 4 day or . ~77J~ {/ NOTARY PUBLIC -lOA II tJ IYl 4- r ~,(.../ printed Name of Not~ry State of Florida My Commission Expires: ' SEA~ --"'" IAL- NOT ARV , ...,,\lV PUO( Offl~OANN M AV~O~ .?wop~'( 1:> C:OM~"SSlqN HutoBER . \\~{dl: CC299S74' ,!:" ,~~ 0 COMfJ,ISSION exP, '." ''''' ~ MV 1M7 (Co f\.O AUG. 2~.._ . F ...-___....-" . .~.~~.-.__J 1993. c:\Iwdl.Noml.llcd EXHIBIT I'AII ORB 8215 P9 645 RECORD VERIFIED DOROTHY H WILKEN CLERK OF THE COURT - PB COUNTY, FL I , , . A PARCEL OF LAND LYING IN SECTION 19 AND 30, TOWNSHIP 4S SOUTH. RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING A , " PORTION OF TRACTS 44 OF THE PLAT OF SUBDIVISION OF' SECTION 19, TOWNSHIP 4S SOUTH. RANGE 43 EAST, AS RECORDED IN PLAT'BOO~ 7; PAGE 19. OF THE PUBLIC RECORDS OF PALM' BEACH COUNTY. FLORIDA. AND PORTION OF LOT A BLOCK 3. OF THE SUBDIVISION OF' PALM BEACH FARMS COMPANY PLAT NO 6. AS RECORDED '11'1 PLAT' BOOK 5, PAGE 73' 9F THE PUBLIC RECORDS OF PALM BEACH COUtlTY.M FLORIDA. SAID LAND'BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . " . COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19, THENCE WITH ^ BEARING OF SOUTH 87.32' 1,7" WEST. ALONG THE SOUTH LINE OF SECTION 19. A DISTANCE OF 702.05 FEET TO THE POiNT OF BKOltltlltlG;THENCE WITH A BEARING OF SOUTH 02.27' 13" EAST. A DISTANCE OF 60.00 'FEET TO A POINT: THENCE WITH A BEARING OF SOUTH 87.32' 47'" WEST, ALONG A LlNE L YI NCJ 60.00 FEET SOUTH OF AND PARAI.LEL WITH THE NORTH LINE OF, SECTION 30. A DISTANCE OF 92.89 FEET TO A POINT; THENCE WITH A BEARING OF NORTIi 01-lB' 43" WEST, A DISTANCE OF 85.00 FEET TO A POINT: TIIENCE, WITH A BEARING OF...NORTH 87.3Z.', i,7" EAST. .ALONG 1:>, .LINE ,LYING 25,00 FEET NORTH AND PARALLEL TO THE SOUTH LINE OF SECTION 19. A DISTANCE OF 91.20 FEET TO A POINT: THENCE WITH A BEARING OF SOUTH 02"27' 13" EAST. A DISTANCE OF 25.00 FEET MORE OR LESS TO THE POINT OF BEGINNING " CONTAINING 0.18 ACRES (7822 SQUARE FEET) MORE OR'LESS AND SUBJECT . ~O EASEMENTS AND RIGHTS-QF-WAY OF RECORD. . ' 'I' ' ,I I. " r,', c~~ rn Cl 00 a- o ru , ..0 00 .. - 2': ... IS) ~ tB ,y 0& 1~~\nO . r ,(} JIP .D U'l Cl -t 0- m r a- T co II SPlCIAl WAIIAN" DUD RAMeo FORM 03 This jpedal Uarranty Beed Mad. II,. ~O day a/QQ..CJlF'J1...b.c.'u A. D. 1985 by BILL R. WINCHESTER 'Iereina/tcr caUecl die uranlor. fo WINCHESTER, WINCHESTER, ZEIHER & SCHROEDER, a Florida General' PartnerShip, , , whos.poslo/Jic.acldressis One, Lincoln Place, Suite 301, 1900 Glades'Roild, Boca Raton, Florida 33431, Ilereilla/ter called "IB arantee: (WbUt\'u used herein the turns "sunlor" and ",rantee" include .n the panies 10 tbi, inlCrumcnt .nd the heirs. ItA",1 reprc:senlalh'el and usisnl 01 indiYldual., and the .ucceuon and ...ilnl of corporations) 1l(litllessdh: '/'/1<11 tI,. W",!lor, lor and in consid.ration a/I',. sum 0/ $ 10.00 I.a/ua"'e co/asic/I'rolions, receipt wl.ereof is I.ereby ackllow/edged. I.ereby grollts. bargaill'. ~ells, mises. rell'asps, COfll'eys all~ c~nlirms unto d16' grantee. all ,hal cerlain land siluale in Palm Coun'y. Florida. l'iz: . alld olher aliens, re. Beach SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN. SUBJECT TO that certain Mortgage executed by BILL R. WINCHESTER in favor of NCNB NATIONAL BANK OF FLORIDA dated December 6, 1985, recorded December ll, 1965, under Clerk's File No.,85-~84496, Public Records of , Palm Beach Coupty, Florida. , I I' The real property conveyed herein' is unimproved property and is not, nor ever has been, the homestead of the Grantor. , "'_otor, ta. ... ~ I 2 s, 0 0 . Ci.rk ,.,. r. t.'.n,'~l. T.. ... ~'I,r... ' Together, will. all Il.e lenemell", heredUamen'. and appur'enance. ,here'o telongillg or In allY' wise apper'aining. TD Jlalle and tD Jlold, ,he .ame In fee .imple forever. Dlld t',e grantor I,ereby covenanls will, said granl.. that tl.. gralltor Is lawfully .elzed 0/ .01.1 land in /ee simple: ,/'0' tl,e urantor 1.0' good riuh' alldlaw/ul au'horily 10 .ell and convey .aid lalld. andl..re, /.y warrants tl.. litle 10 said land and will defend the .ame against II.. lawful claim. of 01/ person. claimlllg by, ,hroug/l or Und(lf ,118 ,aid grantor. In ~ilness 10hertof, ,he .atd granlor has her.un'o .el hi shand 011.1 .eallhe day and year lirs' above wriUen. 'u 111/. ieale,1 \n'~"t In ollr pre.ellc.: , / ~ " 'y--;! I' - ....,'~ ..~..\2,.... 0.5.~................ "1ii'ltA~i~~.;f~'L.K)....;...... M._~ , ^," O~D:i-.~JLp.~ .............................,........................,.......................:,. ._ LJb.dU~L.........-\)...~ . STATE OF FL~DA, } COUNTY OF ~-b-Q/l~) (~QGJ,,-----, \ I HEREBY CERTIFY that on this day, bef~re me, an officer duly authorized in the Slate aforesaid and in the County aloresaid, to take acknowledgmentso personally appeared BILL R. WINCHESTER I ' ,;,,,,!'i''', :" to me known to be Ihe person described in and wh9 executed the foregoing instrument and he lIl.;kp~wlcdgl!d . before me that he executed the same. ;.~~...., .'',..-::~~.. '.. WITNESS my hand and oUidal Kal in tbe County and State lalt aforelaid this ~C5~' ~dar of" ':~~ Q A. D. 19 85. ~'--'- "-.-- :,:,: :" ',: ,.. lLQvn..bc..\::,> ",7' '. , ': I('''~' , .......tL\e.0.L(.LQ.~~.~,",. NOTARY PUBLIC ' My Commission Expires: MICHAEL A. SCHROEDER, ESQUIRE H01AA~ PUallO STAlE Ofl flORIDA T LARGE MICHAEL A. SCHROEDER, P. A. MY COMM155101Hxrl~5 JAN 20 1986 One Lincoln Place, Suite 301 aOOJlil)DlIllI.ilNW\LI~.UllI;1 l'ISIim 1900 Glades Road Boca Raton, Florida ~ 111/:' Il/.Ilrt/1Ilmll'"/"lml by: ILldn'o 33431 r U1 o -4 0- m r 0- :r Q) EXHIBIT "A" PARCEL ^ A PARCEl OF LAND LYING IN SECTION /9, TOWNSHIP 4' SOUTH, RANGE 113 EAST, PALM BEACH COUNTY, flORIDA, SAID PARCEl BEING A PORTION OF TRACTS 114, 110, AND 39 OF THE PLAT OF SUBDIVISION OF SECTION 19, TOWNSHIP II' SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, flORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBffD AS FOLLOWS: COMMENCING AT THE :-IORTHEAST CORNER OF SECTION 30, TOWNSHIP 115 SOL'TH. RANGE 43 EAST: THENCE \\'ITH A BEARING OF SOllTH 87. 57' 53" \\ EST, AlOr..;c. THE NORTH LINE or SECTION 30, A DISTANCl,or 50.0~1 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE EXTENDED A DIST,ANCE OF 937.65 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE MALL ROAD; THENCE WITH A CURVE TO THE RIGHT ALONG THE EAST RIGHT OF WAY LINE OF THE MALL ROAD \\'ITH A CHORD BEARING OF NORTH 00. 59' 06" WEST, A RADIUS or 2193.98 FEET, A CENTRAL ANGLE. OF O. 39' II", AND AN ARC LENGTH OF 25.01 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG ,THE AFOREMENTIONED CL'RVE HAVING A CHORD BEARING OF NORTH 00. 33' 31" EAST, A RADIUS or 2193.99 FEET, A CENTRAL ANGLE OF 2. 2" 45", AND AN ARC LENGTH OF 93.01 FEET; THENCE WITH A BEARING OF NORTH 87. 32' 47" EAST, A DISTANCE OF 23.35 FEET; THENCE NORTH 68,. 03' 48" EAST, A DISTANCE OF 272.54 FEET; THENCE SOUTH or 27' I)" EAST, A DISTANCE OF 183,78 FEET TO A POINT ON A LINE LYING 25 FEET NORTH OF AND PARALLEL TO THE SOL:TH LINE OF SECTION 19; THENCE WITH A BE.ARING OF SOUTH 87. 32' 47" WEST, A DISTANCE OF 285.00 FEET ALONG THE SOUTH LINE OF SECTION H'MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.871 ACRES 07951.9 SQUARE FEET) MORE OR LESS, AND SUBJECT TO EASEME;NTS AND RIGHTS OF WAY OF RECORD. , '. , , " I, , " :," PARCEL, C A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 4' SOUTH" ' , RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING A PORTION OF TRACTS "", 40, AND 39 OF THE PLAT OF SUBDIVISION OF SECTION 19, TOWNSHIP "5 SOUTH, RANGE 43 EAST, AS, RECORDED IN PLAT BOOK 7 PAGE 19 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING MORE PARTICULAR\.. Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 45 SOUTH RANGE ~3 EAST' THENCE WITH A BEARING OF SOUTH 87" 57' 53" WEST 'ALONG THE NORTH LINE OF SECTION 30, A DISTANCE OF 50.00 FEET'TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE EXTENDED A DISTANCE OF 937.65 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE MALL ROAD; THENCE WITH A CURVE TO THE RIGHT ALONG THE EAST RIGHT OF WAY LINE OF THE MALL ROAD WITH A CHORD BEARING O~ .. 'R'-j' uc' '" )"'" -=.~T '\ RADIUS OF 1193,99 FEET, A CENTRAL ANGLE J 1\10\.1 I 1-1 '., L..l\...., I or 03. 04' 56" AND AN ARC LENGTH OF 118.02 FEET TO A POINT; S!\J() POINT BEING THE POINT OF BEGINNING' THENCE CONTINUE ALONG THE AFOREMENTIONED CURVE HAVING A CHORD BEARING OF NORTH 03" 14' 45" EAST A RADIUS OF 2193.9~ FEET, A CENTRAL ANGLE OF 02. 57' 01", AND AN 'ARC LENGTH OF 113.01 FEET' THENCE V,'JTH A BEARING ~F NORTH 83. 16' 46" EAST A DISTANCE OF 269.64 FEET; THENCE SOUTH 02. 27' 13" EAST, A DISTANCE OF'41 60 FEET' THENCE SOUTH 68.03' 48" WEST, A DISTANCE OF 272.54 FEET; niENCE WiTH A BEARING OF SOUTH 87. 32' 47" \\'EST, A DIST ANCE OF 23.35 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.504 ACRES (21939.2 SQUARE FEET) MeRE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS Of WAY OF RECORD. RfCORq VERIFIED PALM BEACH COUNTY FLA .JOHN II, DUNKLE CUR<< CIRCUIT COURT y 2325 r...'i 812 M409 lullS -\ ~lfll''''''''------ , '~<A~ft~. 'D~ -:.-:........-- W~.!.!"..., .uu -----=- " ,-- ,,..... ; ~_ r' , '. -... 30 .,.. . _ 9& Ii., ...... , A.... .,..C, Joi_ ~ 1l1. .if.. 8ftolJa ... 8r7uC of.... 0000Ir" _ . -.. "~lda . _,.... NU .., .1__._ _ lOal. A. .~c.r. 111. wif. -_--..,r.;r.'" 1I""'''A..~t, 1lIi" ;JiuJl9"~, R~f""Wt1C,*-N; ';)/.#, ....~.. ......._ . - ... ..lorlda . . .-. ... _...., ,........-,......... '1, ....... ai, .. _.. ,.. aM -..,,1__-------- -~-----------------~--------------------------------------------- ~ .... - .... ... ........ . I' ......... .. .... _ ........,.u by ..... .-, .... ,....,.................,. ........ n, .l. .. p-.I. .......... ... .... .. ... .... _, .... ..-'. ...... .... ....... ........ .... JoI. ........ _ ...... _ ~ - ....... "'111"_ 0000Ir. _..._ ft.o'. H. .... .~~ tI ... .., . _Wlw.ei_ of ""loa 11, ...;. -..... .. ~. ..... .. _to h1II .._ CcIolaI,. .l_lda, ....&I fI.. C. tile plaC tllerMI .. In. 1. _ OIl1ce of _ Cl....'.., tile Cll'011lt CoIIrt 1. aM 1_ ..110 __ CcIolat,. ..l_lda. 1. 'lat Iooll T. _ It. "\ ~II .. ... all . .. _. t. looatH..... i_a. ...,." 10 -..UfIII!......."I.U_. _.lII .... ....,,_ ., ....... ... *- ,. 1.. ... ......l>.A..' ,..... .-..cr AIM 10 _ .....1. U_.....-alll _,. r. ~ ~. ,I..,. ,...... ,~: f., 1"';1:,". t;,' .,........ "~;'~" r.:.... (. ; tAt J ...... _.. -, ..., _... _....... _... _.......... _.............. dol- ....... _& _.1. f........... ............................-.....1.......... --a...............................,....... ............ .. Ao"q, ..... -..-._'..................., -_..-- ~..~--.._- a:01ltfiJlM- ~ , . ::~.......-... 'i. ,.-..';"4~ .. ....1...._ _._~-A~ ..._,.____ -1-' .~,.:?'--t;.IWI ._, ... .._,....____,....\WI If Aft _ ......... . ~.. - ......... \~l/\ '. -. ~~... ... - .. .., ....... ... -...., ~ ......... ....... .. I ~ - ........., .. ~ &.,...,.... J..-..,..... ...... _lJa'. ~- .... _ .. .. .. ..... ........ .. ... .... -.."""-..... ..... 10 '-' -- ...............-. .:rr...-...-......................-...-.... ..J4, .....~. . · . /....=1J:'N-. a~ -- (? Y2...~-c.. .-;: ':", - .. n....., .. ....... L.: :. ' j. .. ,",' ....~./' .... .~~ t.... ~ ..... . ~ . \ .~...:...,.. ..,;..;.:~ :....-;. -- ..., ........ ,~"'" ......-.- ...,,- ~::.:.:: , -- . --.- ~. .. - - -... - ..... -.. .-....----.--.-...... ..--........ 'I - co Lf") o o (0 = ~ In ~ :II: 0- r- I ::r. c:t -, ~ 50 .n -..JlO ( O~~ "''''''' '-'>-'" .. <d:: >- :?~n:~ <( <( , zcrt-r 0: 0:::; u :::>J:~~ t:; >- . co o::gjU)>- ~~<( >00", ",0-, :.:"'''' ::S~D \ ,0- .D en ~ a.. 0- Ln r :t- OO c"-:n-ClAIM DUD IliIS DOCUftotF,,",-"1lEPAAED BV IIlECOlID AltO RETUIIN TO: chief A. SellIIIder. &llirI IlRe I.incGln.... SIII)OI 1900 .,.1lIId IlDu RIllIn, floridI334S1 Doc. No. 3980-B RAMCO FORM e This 4luil.(laim lletd, Expcuf.J,/.is 18th ,Jay of December LAKE WORTH DRAINAGE DISTRICT, a special taxing district, firsl parly, 10 ' ' , ' WINCHESTER, WINCHESTERr ZE!HER AND SCHROEDER, a Flori?a'Ge~eral Partnership, wllOs, posloffie. oclelms is c/o Michael A. Schroeder, Esq., One Lincoln Place, Suite 301, 1900 Glades Road, Boca Raton, Florida 33~31 s{>cOful purl)': . A. 0, 1985 ,by (\\'hfrtl"t'r u~td IItltin till' IC'IIIU "Ijr~l parl"" and "'C'n.t1d '13.((')''' "hall illchHlr ,il)l/;\IIa, and Jlhual, he-in, }C'!lal ItprnC'lIlalil'rl. alll) a,~i!llllS III inui\"idu:als, alld ,lit lUCfCl$IIU IlInd a"i,!l:lu of r(J~poralilllJS, ",bUt\"C'r tht cOlltr.'1 II> admiu or rtCluirn.) lltlilntssdh, T11Cl1 II.. sai,/ firsl parly, for arlel irl eOrlsicl..aliorl of II.. sun. of $ 10.00 in IIflH(1 paid 1>)' the> !wid spcond parry, ,luI receipl wll(>reo! is Ilen.l>y ocknollJfeclfJecl. doC's IINe[,y remise, r(l- leosC' and quit-claim unlo Ille said second parly !orl'lll'r, all ,Ill' rig'II. wle, illtC'rC'sr~ claim ami rl....Oloncllplddl ,hC' said firsl party 110s in onel '0 "U. following describeJ '01, piece or parcel of lalld, situa'e, lying and heing in lite Counly of Palm Beach SIal. of Florida ' 'o.wil: See Legal Description attached as Exhibit "A" Grantor hereby reserves unto Grantor a perpetual easement through the north 40 feet of the property described on Exhibit "A" hereto for the operation and maintenance of a drainage culvert. Grantee may use the surface above the easement area for parking and landscaping. provided, however, should Grantor deem it necessary for the operation and maintenance of the culvert, Grantor and its authorized agents may enter upon the easement area and perform such excavation and other work as it deems reasonably necessary for the operation and maintenance of the culvert. Grantor shalf prosecute the work with due diligence and, upon its completion, Grantor shall return the property to grade. ' IO,l7V /0, ~o ,50 .S-O_ l,IOe..."t...., ,.... rei t . tnunalb\. ,... N. Cl.~l~~' rlor'" 10 ltalle and to JI.,ld '~lC' saine 10[lell. (lr witl, all ancl si,lgular "'l' appurtenances dlerel/uto 'w/olluiuu or ill tlll)'wise apperlainifl!l, Clnd all Ille (lsla'c>, rio/lf, tille. infercsf, li{'n, equHy and claim what- sOC'I'{'r of ,11(> said firs' parh', C'Ulwr in InU' or eC/uily, 10 Illc ollly proppr us(>. [)('ne/il GIld 'belwof of ,lie said sc>cond party foreller. - . . , In lltlitntss Uhereot, Tile said firsl parI)' !.a, firsl ohol1e wriUc!ll. Sinned, sf>olf>d ami delil1crC'cI in pf(,SC'I1CC of: (j ~AL"'~~ 6r&P'L~ ....~......................................,.!................................. signC'c[ orHl sC'nlC'd fhpsc prese~ts ,11C .4~y and year \ " LAKE WOR'l'H DRAINAGE DI!:?TRICT \:1 " .... .,...................................................:.~::....~.................,......~ 'I f/l (L/. W:.. ./' - .. ....Cc.U L/,..r..I...JJ..'.L.e::f,.-r........................,...... ~~~ '~t-'~t~~~A~'::...u~... , S'I",\'I E OF FLORIIlA,} " " , COUNTY OF Attest. ,Sec J this dar,. oHin.r duly il\lthori:/'t'd ;n till' Stall' aforesaid and in the COli "Iy aforesaid to takl' acknowl;'dgJ~lcnts. persona II}' appeared KEt~M,~,; k~'~:'~ "~~'~ t~,A~:,:on~ 'd"~~i~;dO~, and who ~;"n~,~K,~" %~~o~~~ i~~,~,~,A~~ DlhSe~RI~;knOWkdRcd hl.lore' lI1e that they f'Xcculed thl" sallle-. WITNESS lIIr hand and oHicial seal i.n tht, December A. D. 1985. County' <l\ul Statl' las, <lf~rr~a~.d\h.is.' 18th da}' of '1/ "J'1 ' ._.(,(.L,U~(:,,\~'.i\I'~,}~:(!/,.',............. "1"'t~tY P~tlic St~tc rff !iifcliid<~ .A.I UIJp,l' ~'.<J. _'" Y. I. f' 1'1(1) My COITt(lllSslbf1 ExPlit;~;.;-tll J.: , , U4l1,,1M ill !iflll [Ii IlIln\Alft'tu(l'~"'\ ,,/ ,\"1, I.' 4 , -..' " "" 'J III' Jl/Jlrtll/lnlll'"l'i/lnl by: MICHAEL A. SCHROEDER, ESQ. Addrf!! , c r- fTl -l a.. cr Ln r- :f- 00 That portion of the South 25 feet of Tracts 44, 50, and 52, all in the Subdivision of 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, lying immediately north of and abutting Parcel A described below. TOGETHER WITH that portion of the North 60 feet of Section 30, Township 45 South, Range 43 East, lying directly South of the above described land, also described as: The North 35 feet of Tracts 3, 4, 5, 6, 7, and 8 and the 25 foot road lying between these tracts and the North section line of Section 30, all in Palm Beach Farms Company Plat No.8 of Section 30, Townshil? 45 South, Range 43 East, as recorded in Plat Book 5, Page 73 oCthe Public Records of Palm Beach County, Florida, lying immediately north of and abutting Parcel A described below. Parcel A The West 194 feet of Block 3, being that portion of Lots A and B lying North of State Road 804, PALM BEACH FARMS COMPANY PLAT NO. 8, as recorded in Plat Book 5, Page 73, Section 30, Township 45 South, Range 43 East, Publ ic Records of Palm Beach County,.' Florida, LESS the North 35 feet of the West 193.7 feet. I' , , I RECORD VERIFIED PALM BEACH'COUNTY, FLA JOHN B, DUNKLE CLERK CIRCUIT COIJRT . (W') 00 LJ'") o o (0 00 4. In N - 1IIC 0- ..... . I :x ex ""') U> ex> ro !Q,...JlC) a<(~ """'''' O....P"I "~::-J 0._0::1.&.. t- <. 01( ~ zo:l-X o:O::;~ =>:>:::1", t;l;: .<11 o:o(/)>- ~....< "''''0: ""gul ~""o r- .iJ CTI -1 0- cr U1 r :t- en 11' QUn.C:UIM DUP lH1S DOWM.ENl ~EPAIIED ..,"'ECOfIDNID\ ~"'" A. SclIIWdIr. bIlIiI .M \lncalII rIIcI, SIIIlI3ll1 1900 GlIdtI RaIll .' Iloc. R..... florid. 33431 V Doc. No. 3980-A , A. D, 1985 . by RAMCO FORM e This ~uil.€laim llttd, Expcul." ",is 18th "ay 0/ December LAKE WORTH DRAINAGE DISTRICT. a special taxing district fi.., parly, 10 BILL R. WINCHESTER and ELSIE A. WINCHESTER, his wife, w/,osepos'olfiePat''''"s.;s c/o Michael A. Schroeder. Esq.. One Lincoln Place. Suite 301. 1900 Glades Road. Boca Raton; Florida 33431 5(>('011(1 ,Jar')': (Wlltlt\tr \t!>C'd IIC'ltill lh,' Irlllt' "liul p;u,,'" And "ltC'fuml 1(1111)'" .hall illrllllk ~illll'lllar alld 1,lural, brin, 'tiltal IrluC'~tllliui,'r~1 .1Il1 ;miJ[lI~ 01 illdh'idllal~. and llit lurU~MlU ,"tl .J.iIl1l5 "' CMlltH.lilllU, ",bunt. llit (0111('11.{ ". admi,r. I>> uquilf),) ~ltntssdl" .,.,"', ".. sai,l/irs' /,ar')', lor 0",1 in catui,l..a'ion O/I',P ...m of $ 10.00 ill 'lor)(1 paiel 1))1 tlli' $(I;cl s(lC'ond par'y, ,11f> recpip' IP'It'reo( is '".(('1,)' aclmowlce/{l('(l, docs Iu,'r('l,)' remise. ft>- '('ou' a,ul quit-claim unlo 111(' saiel seconc/ porty (oreIJ,"r. all 111(1 rio/ll, wlC'. inl(l(C's', claim alld cl(>mancl u"aiel. tI,e soiel [irsl por'y '1(1$ in and (0 tlu:. following clt!scrih(ld 101, pi('f'(' OT pore..l of lonel, siluo((', lying anel being in ,I.e Counly of Palm Beach S'a'. of Florida ,Io,wl/: See Legal Description attached as Exhibit "A" Grantor hereby reserves unto Grantor a perpetual easement through the north 40 feet of the property described on Exhibit "A" hereto for the operation and maintenance of a drainage culvert. Grantee may use the surface above the easement area for parking and landscaping. Provided, however. should Grantor deem it necessary for the operation and maintenance of the culvert, Grantor and its authorized agents may enter upon the easement area and perform such excavation and other work as it deems reasonably necessary for the operation and maintenance of the culvert. Grantor shall prosecute the work with due diligence and. upon its completion, Grantor shall return the property to grade. \ }O, ()() /0,.10 .5{J UOC.......u1'f ,.. ... ' S-rJ -. , InulI,i"" 'd 'd. C[..~I~~. rlo.I'. JD J{allr and tD )fDld Il,p samp loup,"" wil', all an" singular 11.. appurlpnaneps I',.reunto ,,('longing or in nll)'wise> oppC'rloilling. one/ all "'C' C'5'ol(', rig'l', Ii' 1(', i,.Ie>r(>51. lipn, ('quit)' and claim w/loI- 50(','C'r 01 tI,C' saie//irs! pnrf)', "H/u'r in InIP or C'fluily. '0 .111, on I). ,Imp"r USC'. '1('11('/it and Le/looJ 01 tll(> saiel sC'cond parly 'or(,l'('r, In lCIilnrss lfIhtrtDf, 'fIo. saill/ir... "arl)' I.as lirsl alJol'f! wriUC'n. Signp". spa I." an" d.'i,'prp" in prosclIee o{: .A~~,~":",,,L~~=..,........,,........... .<lu"pd 011" spa'pd "..SP prosen's ,/.p ,lay and year LAKE WORTH DRAINAGE-DISTRICT ...............n........'.......................::............................... (J'f./ '. C'\, , (, /;, "cD ~X.;...,";t.:7....L............~~t::."C7..J/~:,. Its Presid nt ' , ,..', } Attest: . See' ] J I is da)', bdorc mr, an oUicc', dul)" authoril{"d in thr Slatr- aforesaid and in lh(' Count)' a.foruaid to take acknowll'dgmcnh. pcnonall)' appeared . . ..l(1..'1...H....(!.,ULI.l"..t.IJtj................................ STA TE OF I'LORlDA. COl'NT\' OF PALM BEACH KERMIT DELL AND JAMES H. RANSDN of LAKE WORTH DRAINAGE DISTRICT they a<k..owl,d.cd Iu 111(' known to tll' tlu' prrsuuS describt'd in and who CXCfUI('d tlw fou'goiug iustrullu'na .md. hdorr me that they nt'cult'd Ill(" samt". WITNESS lilY hand and official 5roal in tht' (;11un11' December A. D, 1985.. \', , and Slaer last afll'"t'S'H:' thi'S"" "1St h day of ..nnl.jl...'!,{,L ..:..e,'{:l)..,I.v.j.r.~~: ..,........................,...... NotiHV Pllt:hc: ~:i1t~' OfT!:'(, llAt I.ltf~t' My rnmrnI59'O~1 ("pif,,:; j II.~; '9B9 IlIm,trlt th ~t.lII.U ln~ma":A c....~.....! '*~"'Il'. . ,I ."~ ....1 ( Jlu:' lwlrulllt'lll 1'1lJ'llmllry: Addm.< .,'l" MICHAEL A. SCHROEDER, ESQ. 00 .D fTl -1 0- cr U1 r ::t- OO I That portion of the South 25 feet of Tracts 44, 50, and 52, all in the Subdivision of 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, lying immediately north of and abutting Parcel A described below. TOGETHER WITH that portion of the North 60 feet of Section 30, Township 45 South, Range 43 East, lying directly South of the above described land, also described as: The North 35 feet of Tracts 3, 4, 5, 6, 7, and 8 and the 25 foot road lying between these tracts and the North section line of Section 30, all in Palm Beach Farms Company Plat No.8 of Section 30, Township 45 South, Range 43 East, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County, Florida, lying immediately north of and abutting Parcel A described below. Parcel A That portion of Lots A and B lying North of State Road 804 (New Boynton Road) of the following: Block 4 less the East 80 feet thereofl and Block 5, all in the Palm Beach Farms Company plat No. 8 of Section 30, Township 45 South, Range Book 5, Page 73 of the Public Records of Broward County, Florida. TOGETHER WITH Tract 50, and the West 229.05 feet of Tract 44, all in the subdivision 19, Township 45 South, Range 43 East, as recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. RECORD VERIFIED , P<\LM BEACH COUNTY. FLA JOHN B. DUNKLE CLERK CIRCUIT COIIRT ~ -l Cl 00 cr o f\l -IJ CO o - ., - - ~ LI> - ~ ~ O} \~~.p ~U , f\l Lfl Cl -t 0.... '" r 0- ::t" CO QUn~CLAIM 0110 Q('wl cD" . A. D. " j RAMCO FORM B ~(J I t/ This @uit.(laim llted, Execuled II.i'~ day of , by BILL R. WINCHESTER firs. parly. 10 BILL R. WINCHESTER and ELSIE A. WINCHESTER, his wife, wllOseposlo/ficeaddre..', Post Office Drawer 1240, Boynton Beach, Florida 33435 second parly: (Whrrcvcr \lH:d hncin the lC'no' "lirat parlY" and ",,,,,nnd parey" .hall indllde IinRular and plural, hci". leRa. U'llrrscllladvc., and ."iRA' 01 individual., and che lucrrUOu and a"illn. uf corpora dons, wherever .he contul w admit, 0( lequire,.) -"'Unessdh, Tlml 11.0 sold flrsl pa,'y, lor ...,,1 in consi,leralion of 11.0 snm of $ 10. 00 in f.and paiel by 1110 said socond parly, lI.e receipl wl.eroof is I.ereby ac'no",ledged, doos I,ereby remise, re-, lease and quit.claim ur.lo II.e said second parly forooer. allll.e rigl.,. IiIle. inleresl, claim and demand ",Ilicl. II.e said firsl parly I.as in and 10 II.e 'allowing described 101, piece or parcel of lond, situate, lying ond being In ".e Counl)' of Palm Beach Slale 0' Florida , lo-wll: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN, ...._" ." In ,. ,_-:", .s- 0 . __.____.. ID,...,.b.e ,.. r.. ct.~'I.'14. The real property conveyed herein is unimproved property and is not, nor ever has been, the homestead of the Grantor. To ltatlt and to )fold Ille same logoll..r will. all and singular 11.0 app"rlenance. II.ere"nlo halong;I1U or in anywise apper'aining. and all "10 esla'e, rio"'. fille, inferest, "en, equity and claim wha'- soeoer of 11,0 .aid firsl parly, ellllOr in law or oquily, 10 11.0 only proper uso, beno'iI and boltoof of 11.8 laid second IJady forever. ..,' In Witntss 1fthtrtof, Tho said firsl parly I.as sianod and .ealod ,I.ese presenl. lI.e day ond year rsl above written. , ~'~C:t~LJ::/- ( \ ,1,/" / L:fh'" ",.' ,:' ~ : J ~", ':' I . '''BiLL'\'~'~'Wi'~~i'E'STER.J.,....I..'1'''''''''''''''''. ......~......~..l~CJ.O..Q.[l)c:})\.Ll..&q.;:) ........................................................................................ } STATE OF FL!:{A. COUNTY 0 (. ~ "Q'oll~l!a~ I HEREBY CERTIFY Ibal on Ibi. day, belore me, an oCCietr duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally .~ppcared BILL R, WINCHESTER . ..,"'" .....". ~ co. WITNESS my ~~')\l.\,q, hand and oUida. seal A. D. 19 8~ in the Ct~ty 'd ' a4:~.riowl~e , . . . ~- v.. ~ ",. .... ~:;: /~, ,- ~ -:"; and SUtte st aforesaid thil ~~~ ,"~yiof':; ,':; , . /\ fll...... , '0 -;--...,,: . .:'.. .. tl:1.1.0.LO'...\,\...!..L~~~~... '., ,',:.: NOTARY PUBLIC ........,. '. . ('. ,'," My Commission Expires: "'....,' :".":, .", NOTARY PUBLIC STATE Of: fLO IDA. MY COMMISSION EXPII[ JAN 10t.lQEQ ImU j:iUtiAllN:i UNOEI to me known to be the perlon described in and who executed the foregoing inslrumenl and hefore me that execuled the same. ~~~ T/lis Imlflllllelll prcl'mrd by: AclclrCJs MICHAEL A, SCHROEDER, ESQUIRE MICHAEL A. SCHROEDER, P.A. One Lincoln Place, Suite 301 1900 Glades Road Boca Raton, Florida ,33431 SEP- 5-95 TUE 14:a7 LAN~ DESICN SOUTH 412174785012 P.12J3 , ORB 8215 p, 630 EXIITnr.r "AI' -~-_.~-_.............._--... - '---;---' ..--"'........~_. . --- - -._-----~--~~,---..-'-- ~~-~._----.~--~~-----.~_-..- ......-.-.-.-.-.....-.~--~,_. II PARCEL (Ill' LAND LYINO IN SS:CTION 19 AND ~O. TOIolNSHIP ""S SOUTH. RANCE 43 "AST. PALM BEACH COUNTY. FLORIDA, SAlD PAIICEL BUNG A 1'('R'J'ION OF TRACIS 39. 40, AND 44 'OF ritE PLAT of SUBDIVJS~ON OF SECTION 19. ,'o\.lNSIUr .t,5 SOUTH, RANGE 43 EAS'f, AS I\ECOIlDltD IN PLAT B(lOI( 7, FACE 19. or THE PUBLIC flrCORDS OF PALM BEACH COUNTY, FLORWA. AND A PORTION OF LOT "A" BLOCK 1. AND A PORTION OF LOT "A" BLOCK 3, OF TH! SUBDIVISION OF PALM SKACH FARMS COMPANY PLAT NO e, AS RECORDED IN PLAT BOOK s. PAGE 73 OF THE 'PUBLIC RECORDS OF PALM ElEA'::H COUNl''i. FLOIUM. SAID I.AND OEING MORE PAI1TICULAI1L'i DESCRIBliD AS FOLLOtAS: COMMENCINC AT TH~ S('UTHEASr CORN~R or SAID SECTION 19, THINe! WITH ^ tll!:ARING OF sOUnl 97"32' 47" WEST, ALONG THE SOUTH LINE: Oll' SECiION 10, A DISTANCE OF 60,00 FE!T TO THE POIHT OF e~aJHNING. ON THE WEST RIGHT-CIF-WAY LINt!: OF CONGRESS AVENUE: THENCE WITH A BEA1UNO OF IK'U'J'H 01'22" 40" EAST, A' DISTANCE O~. 17.50 Flll!:T. TO II PpINT; THENCE I~ITH A I)EJ\RrNG OF SOU'l'H 97"32' 1,7" WEST. ALONG A LINE LYING 1''-50.' FEn se.UTH Of AND PARALLEL W1'I'1I THB 'NlIRTH LINE O~" SEenON 30. /I DISTANCE OF' 190.03 FEET TO II po:trlT:THlt/'lCE ~OLJtH 01' 22' ,40" EAST, A DISTANCE OF 42.50 F1i:Ji;T TO A FOINT; THENCE SOUTH 87'32' 47" WEST. ..,AL9NG ,1\ LINE LYING (,0.00 FErri SOUTH OF AND I'AtlALLEL TO THJi: NORTH LINE or SECTION 30. A ,DISTANCE OF 450.89 FUT TO A POINT: THENCE NOlnH 02"::!7' U" WEST. A DISTANCE OF 60.00 FEET TO THE NORTH L} NE OF Sl;C1'lON 30: THEfolC1l CONTINUIi NeJRTH {I::' 27' 13" (.JEST, ^ DISTANCE (l[i' 4:5.00 FEET TO A"POINT; THENCE WITH A ElIlAR!NC OF fIIORTH 8'7'32' .t,7" llAS". AWNO A LIN" L'J'lNG 25.00 FEET NORTH ANb PAAALLEL TO THE SOUTH LINE O~ SECTION 19, A DIstANCE OF e4~,~~ PEET TO A POINT; THENCE Wl TN A BEARl.NO OF SOUTH 01" 22' 40" IiAST. A DISTANCS OF 25.00 FEET MORE OR LESS TO THE POINT OF B~OIHNINO.' CONTAININC 1.07 ACRRS (~G470 SQUARt FEETl MORE OR ~ESS AND SUBJECT , Tf.) EASQ;MENTS AND RIQHTS-OF-,WAY ,(:!I' RI':CORO. ," ., , NOH: LE~AL PREPARED eASl';D ON OI'FICg ClATA ONLY. NO, FIELD SURVEY JORI!PAREtl. 1.,( 2. . SEF- S-9~ TUE 14 :1217 LAN.D DESIGN SOUTH 4e7478!5012 p.a4 , .., " ElOIIBl"l' "A" . . " , ORB 82'15 P,~3'J RECORD VERIFIED DOROTHY H WilKEN CLERK OF THE COURT - PB COUNTY, FL A PARCEL Or- LAND LVIi'll) IN SI!CnON '30'. TOWNSHIP 4S SOUTH. RANGE 43 EAST. PALM BEACH COllJ'ln'. nOR IDA . SAID PARCEL BEING A PORTION 01' LOT "II" BLOCK 1 OF THE: SUBDl VISION OF PALM BEACH FARMS COMf'AN't NO 9 AS RECCIRDErJ IN PLAT BOOI( S, PAOli: 73 OF THE PUBLIC RECORDS OF PALM al>ACH CQUN1''(, FLORIOA. SAID LAND BlUNt' MC:,RE:, PARTIcULARLY DESCRIBIlD AS. ~'QLLO~/S: COMMENCINQ AT THE NORTHEAST CO~I'HtR Of" se;C'I'ION, 30; THENCE WITH A BEARING OF SOUTH 87' :1-2' 47" WEST. ALONG TH/i: /'lOATH 1.1NE t'F SECTrON ~O. II DISTANCE OF ~o.oo FE~T TO A POINT ON THE WEST RIOHT-OF-WAV LINE Of' CONGRESS AliI!:: THENCI WITH II BBARING OF SOllTI'l 01' 22' 40" EAST. ALONG TliE WEST iUGHT-01l'-WAY LINIt elF CONGRllSS AVE, A DISTANcg I:'" ,(7. SO FEET T" l'HE POINT OF BEGINNINC: 'rHENCE CONtINUE ALONG THI( ~lgST RllJIIT-OF-WP.'( LINE Of ~10N(JR&:SS AVENl'P:, W1T11 A BEAAtl'lG OF SOUTlI 01':22' 4l1" I!AST, A DISTANCE O~ "2.S0 flEET TO A,porNT, THENCE WI'rI{ A BE^RINO 01" SOUTH 87'32' 1.7" WIIST. ALaNa A LlNE L'irNG 60.00 FEEl' S<'UTH OF AND PAMLLEL WITH THE NORTH LINII OF SECTION 30, A DISTANCE OF 190.03 FEiT TO A POltlT; tHENCE WITH A BEARING NORTW'Ol' 22' 40" WEST. A DISTANCE or 4'1.:;0 rEllT TO A POI NT I THENCE WITH A BEARING OF NORTH 87' 32' 47" EAST. ALONG A LINE LYINO 17.50 FIIlT SOUTH lW AND PARALLEL '10 Hilt NOR'rH LINE 0l1' SllcnON 30. A DISTANCE OF 190.03 ,rUT M(.nlJ; OH LlSS TO Till POltl'r 011' (ll!:OJ.NNINO. CONTAININO 0.19 ACRRS (8076 SQUARE FEET) MORE OR LESS AND SUBJECT TO HASEMENTS AND RIGHTS-OF-WAY OF RUCORD, I NOTE: LECAL PRIlPARED ON OFFICE tlATA ONLY, NO FIELD SURVEY PREPARED. 2 of 2 ..' . ro' I.t\ c::> .... 0-' ro .. rr ::r co PARCEL B A PARCEL OF LAND 1. YING IN SECTION 19, TOWNSHIP 4S SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEl BEING A PORTION OF TRACTS 44, 40, AND 39 OF THe PLAT OF SUBDIVISION OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19, OF THE PUBLIC RECORDS OF PALM BE/\CH COUNTY, FLORIDA, SAID LAND BEING MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE WITH A BEARING OF SOUTH 87" 57' 53'" WEST, ALONG THE NOR TH LINE OF SECTION 30, A DISTANCE OF 50.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE CONTINUE ALONG THE AfOREMENTIONED COURSE EXTENDED ,Do, DISTANCE OF 937.65 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE M.J\LL ROAD; THENCE WITH A CUR VE TO THE RIGHT ALONG THE EAST RIGHT OF WAY LINE OF THE MALL ROAD WITH A CHORD BEARING OF NORTH 000 59' 06" WEST, A RADIUS OF 2193.99 FEET, A CENTR:\L ANGLE OF 00 39' II", AND AN ARC LENGTH OF 25.01 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 870 32' 47" EAST, ALONG A LINE LYING 25.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION 19, A DlST MiCE OF 285.00 FEET; SAID POINT BEING THE POINT Of BEGINNING; THENCE WITH A BEARING OF NORTH 020 27' 13" WEST, A DISTANCE OF 183.78 FEET; THENCE NORTH 6&0 03' 48" EAST, A DISTANCE OF 140.23 FEET; THENCE SOUTH 020 27' 13" EAST, A DISTANCE OF 230.55 FEET TO :\ POINT ON A LINE LYING 25 FEET NORTH OF AND PARALLEl TO THE SOUTH LINE OF SECTION 19; THENCE wl1H A BEARING OF SOUTH 870 32' 47" WEST, A DISTANCE OF 132.20 FEET ALO!\:G THE SOUTH LINE OF SECTION 19, MORE OR LESS TO THE POINT Of BEGINNING. CONTAINING 0.629 ACRES (273&7.1 SQUARE FEET) MORE OR LESS AND SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. EXHIBIT "A" RECORD VERIFIED PALM BEACH COUNTY FlA JOHN B. DUNKLE CLERK CIRCUIT COURT ) l/.' I " lutrument was prepared by: " V In\ :~ .....':}. tX)'()., """" lltlJarranty :Jttd (STA1UIOR't fORM-SEellON 689.02 F,S.) MICHAEL A.SCHROEDER _...,. crt &.aw On. L1nceln Pla.- 1'900 GI.d.. Roatl, 1.1t. HI aOCA .....'ON, fLORIDA nUl aJ~ls lttbrttturr. Made lhi. 19th day 01 November NCNB NATIONAL BANK OF FLORIDA, a National Banking 19 05, IIrtwrrn Association, In CX) of Ihe County of Palm Beach , State of Florida , grantor., and BILL R. WINCHESTER whose past ollice address is P. O. Drawer 1240, Boynton Beach of the County of Palm Beach , State 01 Florida , grantee., If) <::) X a .Unrssrtl,. That .aid grantor, lor and in cansideralion of Ihe sum of TEN and NO/100 ($10.00) --------------------------------------------------------------- Dollars, and other good and valuable considerations 10 said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said geantee, and grantee's !lei", and assigns torever, the tallowing described land, .ituate, lying and being in Pa 1m Beach County, florida, ta.wit, LJ ,.... = l:\J !ill See Exhibit "A" attached hereto and made a part hereof. SUBJECT TO: .:\. Zoning and/or restrictions and prohibitions imposed by governmental authority; Restrictions, Easements and other matters appearing on the Plat and/or common to the subdivision; Taxes for the year 1986 and subsequent years. " .' ..... 2. l~ q.~Ool> 3. ",VilO' ...._..n' ,.. " . , )"'0 tJ, tJ IJ . .MuI.". .... N. Cln~'l"'" and said grantor does hereby fully warrant the 'itle to said land, and will defend the .ame against the lowlul c10jms 01 all pef\ons whomsoever. . "Grantor" and "grantee" are used for singular or plural. os context requires. 1111 IIUnrss lI~rrrl1f. Grantor has hereunto set 'grantor's hand and seal the day and year firs' above written. S}~n.d, ,ealed and delivered in our presence, '(;' ,ltu. lL NCNB NATIONAL BANK OF FLORIDA, (Seal) a National Banking Associatio~ By: ;{rf/???// Z/;/j/!'~' :~::::: its Vice President : (SEAL) (Seo\) 00 IT'I :t- o 0- -l IT'I r- :t- en STATE Of E'LORIDA COUNTY OF HI'llsl:oRov.Jb~ I HERElIY CERTifY Ihal on Ihi. day before me, on allieer duly qualified to lake acknowledgments, personally appeared K-e.\.l~'" ~"'''(,\oN 10 me known 10 be Ihe person described in and who executed Ihe foregoing instrument and ackncwledged befor; ~e thot he executed the some. . . ," . WITNESS my hand and allicial seal in the Counly and Slale 10>1 afare.aid this /9(11 day of '. NO:Vi;!inber " <' 19 85, c::::: ~ '("')fll " C-U-A~~" \ "~,~<!I,l)'~ . My commils.ion expires: . N9tary Pub~i.~..-: . U(\l~f:l r~4h'I~: ~1;II,r. 01 f\mh1a ('ll.arpt! r.to\! i~I"I~;: ..':'.,' I .'1';'1 qF M,'V ~,. WP.J! ....01 -' " a- m ::r- o n.. -t I'Tl . ::r- eo EXHIBIT "A" TRACT A-B A PARCEL OF LAND L YINe IN SECTION 19, TO\n-:SHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PLARCEL BEING ,A, PORTION OF TRACTS 44, 40, AND 39 OF THE PLAT OF SUBDIVISION OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOCK 7, PAGE 19 OF THEPUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEiNG MORE PARTICULARL)' DESCRIBED AS FOLLOWS: COMr-.'IENCiNG AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EASTj THENCE WITH A BEARING OF SOliTH &7" 57' 53" WEST, ALOf\G THE NORTH LINE OF SECTION 30, A DISTANCE OF 50.00 FEET TO A POINT ON THE WE.ST RIGHT OF W....'" LINE OF CCNGRESS AVENL'Ej THENCE CCNTINUE ALONG THE AFOREMENTlOt'\ED COURSE EXTENDED A DIST!\NCE OF 937.65 FEET TO A POINT ON THE E....ST RIGHT OF WAY LINE OF THE MALL ROAD; THENCE WITH A CURVE TO THE RIGHT ALONG THE EAST RIGHT OF WAY LINE OF THE MALL ReAD wiTH A CHORD BEARING OF NORTH 000 59' 06" WEST, A RADIUS OF 2193.98 FEET, ,,\ CENTRAL ANGLE Of 00 39' II", AND AN ARC LENGTH OF 25.01 FEET TO A POINTj SAID POINT BEING THE POINT OF BEGINNING; THE!\CE CCNTlNUE ALONG THE AFOREMENTIONED CURVE HAVING A CHORD BE.'\RING OF NORTH 00. 33' 31" E.'\ST, A RADIUS OF 2193.99 FEET, A CENTRAL .'\NGLE OF 2. 25' 45", AND AN .\RC LENGTH OF 93.01 FEET; THENCE WITH .'\ BL\RING OF NCK TH 870 )2. 47' EAST, A DISTANCE OF 23.35 FEET; THENCE NORTH 680 03' 48" EAST, A DISTANCE OF 412.77 FEET; THENCE SOUTH 02. 27' 13"EAST, A DiSTANCE OF 230.'5 FEET TO A POINT ON A LINE LYING 25 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION 19j THENCE WITH A BEARING CF SOUTH &7" )2' 47" WEST, A DISTANCE OF 417.20 FEET ALONG THE. SOCTH LINE OF SEe TION 19, MCRE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.50 ACRES, MORE OR LESS AND Sl'BJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD, RECORD VERIFIED PALM BEACH COUNTY. fLA JOHN B, DUNKLE CLERK CIRCUIT COIJRT SEP- 1-95 FRI 13:49 LAND_DESIGN SOUTH 41374785012 P.02, . v 40747187:\2 TE~ NOI4~7-2~'-079S /~ ~ . ' p".e2 ~.p-el-95 ~RI ~0:13 ACMI JUN-~?-'95 11,"55 101 'tj:jW CfFlCE5 R?61 f'il'i' ~ " \ . (!I Commonwealth. Lutd Title Insurance Company ~, Cornmltm.llt For rith~ Insurance N COMMITMENT NUMIlEII Bb'tM2blt't38, COMMOHWEALTH LAND mLl! IN/lURANCll COMPANY, I P'I\I\I)"o.nl. eotpor.lIon, ~ml" eall,4 Ole comptny. for. nluabl. comidll.llon.lItltby eommlh to lau. lIa policy 0' policle.IlC Illl.lnlorlncf," id.nlln.d in Schedule A, In 'OYOl or !ht PlopONd In.u",4 1I.""d In Schodul. A, .. 0lIl"" or IlIOItati" DC th, (qt.l. or inl.,..t co..,.d hmb)' In lh.l.nd deitrlbed Or ..r.rred 10 III SclIodul. A. upon p.~tn.nl or ltI, premhut'. and ch.,st. 1I1",Cori all .0bJ..t 10 lh. ~,oyllion. 01 SolI.dulo. A 1Il4 II ...4 to 1M C~lI01l1 om! S~ipIJ.1I0ftJ bereor. llUI Cortl"lllmJnl "'*,1"" .fT.c11vt onIl1 when Utt idcnllly or the PIQPOMd Inlured .nd 111. alllount or Ih. I'<'lioy II' PQUoln ewnmllted fOI h... bun Intarlat III Sclu!dulo A he/eor by die COlllPlny. either II th. 111'll1 o( tile IltUlncc or lilt. Com".IL...n' Or br ~...nl.lldll'ltm..', ' Thl. Comrnilnallll. .",Ilmlnl!)' 10 II.. lIIu_ or_II poliO)' III pollelo. or 1111. Insu/lntl Ind Illllablllly lnd Ilhlll~tl"n. hereund.. .lull ""... ""d te.",lllll. no II.y. .rto, lht .ffICII.. dll' 1I...(or .., ..It,n the polity or polloi" ~omm1t114 (Or 01,011 be IlIuIII, ...Moh.... nltl OOOU'., P'll"iINd ihlt th. tollYII Iv l&lue ou,h polley'" polloi.. Is nol tho r'\l1I Or lh. ~OnnPfny. l/ .: ~ ~ , . In Wilno.. '11'1111'0(, 1/1, Mid Comp&l1Y h.. ""used 110 Co'1"'rli. Name llhd Sotl ,~ Ir. h.".nlo .m..odllhl. 'In.ln"..o"l, lJlc1udlni Ccnunll/n.nl. CuMlIlolII IlId Sllplll.UI'I1' U1&rJltd, 10 btcome "lid when tOUn'.roi,n.d on Sch.dull A t.y "" AulhorlUd 1)1l'", 0' ACCJII or lht C9II1pany. " II' " ~l"'J \' II I '4, COMMONWJ:,A,I.TH LANU TIn." INliURANCJ:COM'ANY .-#-IJJIMI.:.'" ~ ~ ~ ~ - or . , , ~I . ,'" .1 SEP- 1-95 FRI 13 :50 LAND_ DESIGN SOUTH 4074785012 P.03 , 4e747187!52 p,e~ ~~~-0'~~5 FRI 1~~1~ ACMt COt' :rll&Nl raa f.ITU 1:H$t1IlAHCJl J SClfIDt1L1 t, ;--. ,\ CQ1Mlitmeflt Nl;l. 864~~!i4438 CO~any ri18 No. Pi125650 A~.nt ri18 No. BOVWTOM eOMHOHs , , Iffactivft ~.t'l May 17, 199! ot 8.00 A.N. , , 1. , r<;>l1cy or P..1.\"~llll 1:..,bO i"1.I8'" OM)lIi1\' fill . .;1!'OO'OOO.OO prop~..d In.~~.'" &oynton Commona corporation, I Jlo~ida co~.tton LOM. .~. ,f u , , ~roPOeG~ tnjuted, 2. Ths eprata ot intereat in the land de8cribed or re'8rreQ to in thl. Commitment and coveted her~lh 1a . lee .1~p18. and titll thereto il at the effective dot. hereof wlted in: Bill k. Wlncheuter and Bllie A, ~lnche.tet, hil wir.. as 1:0 Parcal. 1 end 3 and Bill R. Winch.ltet. 18 to Pare.l. 2, ( and ~ 3. The len~ tet.rr.~ to in thi, Commitment 11 4..qr~b8d .. follOW" LEGAL bll$.:AlfTlOH lS ATTA~IlID ,HiRiTO AND /oWl1/ A PAIl't HEREOI' SCHROiDBR , LARCH , P.A. :1:151 llll'o;lu ad One Bo... Pl Boca Raton, l40?) 2U.O J' " '" thO u ~t I'IIOU\EL A. 8Ct\KJIlIJIi;l\, .1tSQ, 0JI1.1C IF 'loCI P.I4lI. lCUIltIL' a AIID Clcn'lll. MIl AftACpD 1 " " VALtD Ml t'l Ii , ' SEP- 1-95 FRI 13:50 LAND DESIGN SOUTH 4137478501:2 P.la4 , ....P-'l'J -95 "\" 1 HI U:5_ -,H;l1..1.. _ _ n n_ ,____.... n n__... _ _~_Q.!::I.7_HlJ-"?:?.. _ - __n.... n ~d'.l... .....,... ..1~-0?~;~.~e~;~ iDt' L.('f,.J CFFICSS '1'a NOI40?-24' '1913 ~761 p~ -...J ......, Com~it~.~~ No. 964-264438 Ageil~ rile NO. BO'Y1l'l'ON ca+\llllll .l~t C~~.ny .i1e No. P.125S'O , , . . LIl2U. ""Curr:rC/H '. rMe!" l.L ". ^ pore.! Qf l~nd lyinj ~n SoetlQn l' of TQwn.h~p t5 BQ~th. R~nie 4J ~aet, .aid ~.Yo.l beins . po~tion of ~ote 39, 44, '1, 43 ~nd II. ot the E~bdlvla16~ ef C8ot16~ 19, Tow~.~lp 46 ~~~tn. Aa~g~ 43 Ea.~ .. r.e~~d.d in ~lAt look ~. po.' l~. of th. public ~.~~rd. o~ ~.l~ >>a.oh Countv. tlQr.~. Said par OIl being ~. f~11Y d..orlbed I' tollow" COllllnendng at the Southuat cOrMt of Sectlor\ 19, Township 45 South. RIMe 4l BanI ~hencB ..lth . beuing of South 81 dllgree. 32 minute. 41 seconds west. along the SoUth line of Section 19. Il distallC/l of 60,00 (1)01: to l Iloint on the lIut rillht-ef,ww line of Congreu Avenue, thenC6 with It b@~dng of lloJ'th 01 degnu n minutes t3 I8conda W~8t.. along the Weot tight-Qf-way litlll o! 'Congreh Avenue, a dhloncl of 100.00 Ene to el\e lloint of beginning; thence with II bur il\9 of South. 7 d@gr'lIUI l~ minutia n seconds Nlln, . dl~~anca of ]90.00 t~6tl thence South ,. degroaQ 01 minutes 49 "~ond. Weet, II! dlstancll of 213.)] hel, thence North 02 degree. 27 mlnutge 13 lI!eonda Mltet, 8 dhtarwll of n.SO flit, thence Soul)\ 83 degreea 1<< minutlle.I' seconds We1t. a diat.nee of 269,'. feat to a lloint on Wlnche9t~r P~r~ ~lvd.1 thenee with a ~tv. to the right 810ng the Ra9~ right-ot-way Hne of Winclluter puk l!.1vd., having. chaM b&',ing of North 00 degreU 13 ",inutel O~ eacondl Boot, a radius ot 21~1.99 f~~t, . central,ang18 of 6 oegr88s 59 minute. 36 see~~dl and an Ira length of 267.19 f.et' thane.' with I revere. curVI to the lef~ having a chord bearing ~f North OS degreee l' ~in~~.. .. &e~on~. lIelt. a ra~iu, of .149.31 feet, a central anale Of 12 degr.es 48 min~~'1 59 seoooO. .nd an arc length of tQO.7Q felt to I point, chence North 1 Qegree 06 ~lnutes 06 'Iconds Nest, .long tne ~.~t right-of-way ot WAnoh.s... Pe.k 8lvd., . Oiltence ot 333,72 tletl thenol Naron" degree. 22 minute. 09 eecond~ B~.t, e di.ta~c. of "... f'l~ to a point On the soueh r19kt.of~w.y line of Old Eoynton Ro~dl then~e ~i~~ a bearift8 .t North 89 ~eg~eae SO mlnu~e. ~~ ..~o~. talt, al~ng the to~~h ~i9ht'of.~.y line ot Old .oynlon Road, a dl.t",ndO of 7').72 faotl ~henc. w1tn a ba....ng o! SO\j~h 45 degrees " minutes 11 uc<>n<1s liaDe, . ,H.~.n<:e of H, ~g foet to I. point On the Weet rI9~t.of-~.y line of Congr... ~v.nuol tben~~ ~ith '" bearino of South 01 degr~ea 22 minute. 'l .~cQnd. R..t, . dl.tanco ot 860.95 Eeet, more or lee. to the point of Ileglnlllng..: ,. " , . Il' " .. a SEP- 1-95 FRI 13:51 LAND DESIGN SOUTH 4074785012 P.05 , 40"1.1'19152 P.0Z ,...; Corr..l.to,<lent No. Q~4-2644U ~.^t F~l. No. bOVWTON COHHON$ Com~anr r.l~ No. ~D.~~~$O P~C8X. lJ. , . IINOI A parcel of land lying in Section 1', TOMnehlp 4~ South, Range 4J !~.t. f~lm Beech county. Flol'i.da, 8i\iil pi'll'cel being il portion of tract. 44, 40 and )9, of thl Plat of 9ubil1VilUOI'I of Section 19, Township 45 Sovth. Rano~ '13 East. 89 reCOriled in Plat BOOk 7, ~a~A 19, Of the runl1c Records Of !?aim 81180h county, Floddll, uid land being tl\o~e IJllrHcuUtly de.~rib.d .. followa. commencing at the 5outhel.~ corner of ..id Sectlon 1', thence North Ot degree. 22 minu~el 4] aeconds Weat, 810nll thi! Sast lin. ot odd 8sot Ion I', III dietllnce of 25,00 fntt thence South 87 degreei 32 minute, 41 seconds we't. 8100g a line 1Ving 25.00 feet North of (a. Il\OMI!red at rigilt angle. to) and parallel to tho SOllen line ot gald Saetion 19, !l clhtan~c M go.oo fur to the point Of lJeginn1ng, !laid point also belng II. polnt on tne West rlgllt-ot-way lit1e ot Congru. A"CnU&: 1!.hen~ <;'QntinuI Sout" 91 deguea 32 tl\in\,ltu 47 'CGOndB "'bat, C110ng a line lytng ~5.00 'eet liIorth ot (u .."..sured l>t ~ight an91e, tol Bnd poral1el to th~ South line ot slld Suet ion l~, el1el 11nl .13Q being the North right-of-wIlY ll~e of the L.W,p.O, L.~"ral 24, as recorded in Official Recorda Dook 2370, pClge 1&9' end 1&96, !l diatanee of ~10.)1 leet; thane. North 02 degreel 31 ~inut... 11 .,~~~d. Welt, I diat~nce of ~~D.SS hat, thence North 6B degr..u 03 ftlinute. 48 s..contl. II.... .. ,Unanu 'Of 1JJ.l0 h.t, thence North U dellr.... J2 ftll.nutn n 9800nde "ASt. " diutanc" 'Of )~O.OO hn too a point on the Weo. ..lght.of.way 11"" of Cong~M' )l.ve"ue, thenc.. South 01 ".gu." :32 nlinutes 43 0"CO'10" Ileat, along thl WHt dght,of-way Ur\\} of Congraa. Jl.~anu., .aid Utili li'in>l 60.00 fa". W..at of (ag ..""oure" .~ I'1gh. ""91'0 tol ..nd pU'..lle1 to the !In., Hili of sai~ Section 19, a distance ur '1'.00 teat. more or less to the ~ol". 6f aeginnina. u , , " ". ,. " ,i{ . , ~.. . 3 SEP- 1-95 FRI 13:52 LAN~_ DESIGN SOUTH 4074785012 P.06 . 451i'.,41,1.~752 P.03 ~EP-01-~S FR! 10,,6 ACML J '~ ~ommttment No, 0'4-26((19 A9.~t Pi18 No. ~Oy~ ~QNe Ocmpooy Pile ~o, ~e125550 welL L. j Allb JJ . , " . A parcel of land lying in Sweeion 19, Townehip ~, South. Range 43 East. falm Beaah County, florida. Baid p~rcel being s portion of Tract~ 44. 40 and ~g. of the plat of $ubdlvi,ion or 6l'HltiQn H, Township 45 South. Rangll '}",I!:nt, as reconletl in,Pla~ i1ClOj(, 7. PAQ' 19. of tn. i'ut>liC RecorOS Of p"lm Belen County, Floriall, said Ul\Q "..Ing ~\Olc'Q l'>arti~u16l:'ly deacribc9 liS rollQw8' eOl\\Men<::.;rlg at ehe lIlort"....t corner ot 80l'.iot\ 30. Townahip 45 South, 11""9" 4~ un, thef''''. w1th /0 beating of S",l,Ith 67 degree. ,1 Ilinut/!:.t 5l Bltc<lI\ds ~",st, ol,,mg the NQrth Hne ot ~eceion 30, a di~t6nc~ of 5~.OO f..t t~ ~ point on ~he w~.t rlght.6f-w.y lIne of COhgree8 Avenue: theuce co',tinue 616t"l~ the afot'etnl!:nl;lQnad cour.@ extended. A dist_drll:e 6f 9:11.'5 f"..t_ to II ~,,\t on the Eue right-of.....y Une of tile Mall Roac!' thence with II ourv" to the d9h~ ill<'>MI) tI,e r;:"st right.of-....y line ot the 14..1) Road with II Ollo,'d bearing ol North 00 ,h'greeo S9 ",inuLoa C~ aoeondll Wo!st, II. ra~iu.. of nUl.gO to"t. Ii oenn"l ~n9h .,f (llIeQUn J9 ",iHut"B 1 ce"ond, And a.n ''''0 length 01 ~S.oi. feet to .. point. tho"c.. with ;l buring of /lorth 01 dellree.. 1:J .rtitluteo n ....ccnd. Bae.. d,QI\<] a line iyin!l 21.00 feet North 6r and lle,...llAl tQ th.. South line of s.."don 19, . diu"..."" of 2116.00 feU, uid poil\t b61I\O the roint of b.g1nnin~1 thane. wi~h A b~.ri~~ ~f No~th 02 d.~r&Q~ 27 Min~t.. 1) ..eA~6. W.at. a distance of la~.7a f~.t: there, North 'A dair'6' OJ min~t.g 4a ..conds UAlt, a di.ten",e of HO.2~ feH; thanell Slouth 0:.1 d,gre.. )1 minutes 1J .econd" I/;I.t, a dt.t~"e. of 2~O.!:S fsat to II point on II Hn.. Iv1ng 2~ fMt Worth of and p.1uU.l to the s"vth Hr.1 of S.etlo", 19; thence ~itn a bearing of South 97 dH~r... JJ minut.... 47 ...oondo We~t, " 4i.tanca bl 132.20 feet donil the South,Hne vI Seetlo... 39. more ~t' llu to th.. Point ol B~!Iinning. .,. ',' I J! . . , .. " . SEP- 1-95 FR I 13: 52 LAHD_ DES I GN SOUTH 4074785012 P.07 , ~EP-0'-~~ F~I '011~ ACMl 40747H1152 p.li!J4 , ,--' ...... Co~~ltmAnt No. 964-264439 Agent File No. &OYNTO~ COMMONS pompa~1 Vlle No. Fa12~S50 PARCliL .lL u . ' , ,. AN[) A pafCel o~ It\'\~ ly1nll'in Section 19 IIn4 3U, Ttlwn!lhlp .~ South, Il.ange t3 Bast, ralm !.IBISCh County, Flo~lda, Baid P6~cel beln9 II portion or Tfacts ~t, .0 ana t. or th~ plnt of g~b~ivl.ioh of $ection 1', TownBhip tS So~~P, RAnge t1 Ea.t, !I5,recor4e~ In Plat ~ook 7. p!lge 19. Of the P~bllc R.~orda of Palm 8aae~ County, Florida, and Q portion ot ~ot "A", Bl"<:,,,, 1. and... pD.'tlon of l,ot "A" 11<>cl< ". of the Sl.:bdivifion ot Pal'" S"..eh FarMS Company Plat No.9, as ~"eorded in Pl...t Jook S, Page 73, or the P~~lie Record. of PalM Beach CCUMY, Fl..dda. sdd 1",,01 baing Illou p.rticul&"lY d~:!JcribeiJ ao. fOlloWD' Ccmm8noin~ at ~he S"uthee.st corner of .del s8c~i"rt )II 01,..""" with.. buring of SO\.lo" " d.gnu ;J~ "'~n~to. .1 Beoon<i, W"lIt, aJon9' the South Hne of Saotion 19, II dht.ne. o! (0,00 he~ to the poi.nt of beginning. On the W"Gt riSillt,oE,,,,~y 1:iM of Congrua AV.nU8, thGIWO with a bu,<'ing of C<>uLh 01 d.9r0t1~ 22 minllt'()O 40 ucondo But, .. diotllnce or 11.50 tctt to " r>(,int, ~h.,,<::o witb . beadn!! of south 117 dcgree$ ]~ ",inute~ n secottd. West. alc>M a ll.n~ lyin" 11.50 f....t !Iouth of. and par,.'ll..l with the North line of Section )0, IS distance of 1~O,O] Ceat to a point, t"~ne. South 01 deOrees 22 minutel 40 seconds ta.t. a di8t~nce of .~.5o feet to 0 point. thenee South 81 degreee 32 minute. .1 seconds Welt, along" line lying 60.00 reet $outh ot and parallel to the North line of Section 30, II distance ot 450.89 fa*t to a point. thence North 02 de~re6. 27 minutes 13 second. Helt, " dista~ee of 60.00 feet to the North Hne of Settlon 30. then~e contlnue North 02 dagUe' 17 "'.mltM 13 Uconds Weel:, a distance ot 26.00 fellt to & pointl thence wHk II beadn(l of North 87 degreea ]2 minutes 47 seconds Ealt, elong a line lying 25.00 foot North and paallel to the So~th Une of SecHc)ll 19. a di$t\\J1ce of U2.!2 feet to a point, thellco with a bearLng of South 01 degree, 2a minutes 40 .soonda East, a distance of 2S,OO teet, IllOre or leal to the folnt (If Deginn.lnll. ;. . . J/ , , , .. II- " 5 .' .' " ", . SEP- 1-95 FRI 13:53 LAND_DESIGN SOUTH 4074785012 P.08 . 5~p-e1-9~ F~l i~!1~ ACMl 41i!74718752 P.li5 commit~$nt NO. e64-264438 ,^\lcnt FlllI lie, J9YNTotf Ca+tQNlI '-"'" '- Cpmpany .1le NQ. pal~~550 tAAC.t. h . !,i . ' .. , ANI> ~'parc~l ot l~nd lyin~ In S.~tion 10, Tow~.~lp .~ South. ~.ng. 03 East. Palm 8ea~b County. Florl~8. Baid pareal be~ng 8 portion ot Lot 'A", Block 1 of the Subdivision of Palm a,'ch Farms company No, 8. al recorded in ~lat 8~ok ~.U8ge 73, of the PUCllC R.e~rdc Of Palm Beach County. Florida: s8i~ l~d being m~t'cpar~rCularly d'scrlb~d' as tollows. Cmlltnenc!ng at the l:ortlleUt corner of If.oHon 10, thellce IIlth a bta~ing ~f South 87 dtgreea n mlnute~ 47 secondl Wellt, 8101\1'1 the North line of Section 30, II distance or to,OO reet to a point Oil tIle W!l~t rigl,t.of'lIay Hne of Congress Avenue, thence with a nearing of south 01 degrees 22 minutes (0 '.~Ond9 ~.at. along the Weat right-of-lIay line of congreAII lwtnue. a distance of 17, ~O tett to the point of' begimllngl thencs cont Inull aloll\! the Weat right-or'way linG of C"<tgnaa "venue. wlt,h a bearing of South 01 degrees u OIlnutU 40 secondl Ea~t. 8 din~lIce of (2,50 feet to a pOint, thenes wIth II bearlng of GOutl\ 97 i.legreea Ja minuteo 47 secunds Keet. along e line ly1n\1 60,00 feet South of IlId poullol. willi tho NOtth line of Selet10n 30, 1I distlll'lCO of 190.03 feet to II "Olntl thence with II Mllrillg North Ol.de\lree$.2~ rnlnutu 40 aecoMe weOt. 8 (llctence of '\2.50 feet tQ " "atlltl thenoe with.. bearing of NQrth 87 oegree$ H 11I1nutu n -'<:'0/><19 1l1l8t, along" line lying 17.50 feet aouth of an parallel to the NQrth line of Sectlon 30. . dlst~nc. ot ltO,03 feet. more or l.eo to the peint of aeginning. 1M) IJI UQAL PUC2UrrON Ii , ' " . ., ~ I ~ :, ... " 6 SEP- 1-95 FRI 13:54 LAN~DESIGN SOUTH 4074785012 P.09 , ~EP~el-'S FRl IQ:i~ ACMt 41117471e752 1>.06 ~' ',~ C"'IO<1\~.n..n. Nth Gt;4-2~44U ~v~nt t!le NO. QOYNTOM COMMOK~ COMpanv '11e NO. 'B13t550 5C1l6DUU .-,.r::7'IOIl J' 1ho followin~ sre the ~.~ir.mentB to be ~ompl1.d with, 'I. Paym~nt o{ the full Congi~.r.tlon to o~~or the ec~ount Of the ~~.n.o~. or I1\Ortgllgora . 2. Injt~um.nt(s) ~re_ting tht IBtate Ot Intere$t to be In.ur~d must be .p~rov.d. ~~e~utt~ ana tllt~ tor r.cordr ~, !II tlarralltY [lU" tl'OIll lUll lL W~nch..ter and. Ind. A. WI~c:hQ,aeer. hia wi" to Boynton tommon. QorpOratLon, . Pl~tlda eorporatlon. 1 ;, I I,J . ' 3. Feyment 0' all takeI', ~hatge9. A.e.'ement', l.vled and asse!~ed against subjeot pr'm1B~B. ~hich ~r. ~. and payable. 4, PrQ~uation of . ca~~911ed nOte ~rtd .atidfaot10n OT r~]e.le of that certain mo~tga~. from sill .. Wlnche~t~r to NCN8 ~.ti~nal &a~k ot Florida, dated DeCtmblT 2, 1~e4 and t.cord~ Dlcember 3. 1986 in Official Records nook ~092, pag. fi87, 1n the original prino19~1 amount ot Sl.700.000.00, and as modlti~d by MOrtgage ModtfiCAtlon agrlement in 6llicial Records Book 7060, page 1590 amd of th9 PUblic Reoorda of &toward County, Florida, Officlal Records ~ook 8636, pag! 1620, ,.id mort~~g9 now hald of record by Sunbank/South Florida. N,A" by the ass1gnment rQoorded in Official Reaordi BOok 7060, page 1581, all of the Public RecorOe Of ~al~ K,.~h County, '10r1da. ' 6. Rele,e. Of conditional A9Blgnmen~ of Le~..., Rent. an~ ~roflt. by and betw.en &1.11 R. Winch68ter ~o NCNB National ~ank d_t.sd D9cemner 2, 198& ~nd reoorded DecellWer 1, U85 in OrUcial RecordQ Book 5092. l>~9. 692, ami.. "..igned to S~lwanklsouth FlorIda, N.A., in Ol11clal ReCOrdg Book 1060, page 1581, bot~ of the Public ReOord. of Pal~ Beach CoU~ty. F1ori0a. G. Te~!natlon O~ xellla. of tnat cer~.ln VCCal rlnanclng Statem~nt from 8111 R. Winchester to NCN8 National Rank, recorded becember j, 1geG in Offloial ~QOOrdR 80011. 5092. page E~7 and 1M a~nQ8d tn Offleial Records Book 6861, ~age 1'.&, of th; Public ReenrOl of F,lm a.lch County, 'lorl~'. 7. 6v~mjt P(Oof fro~ the C1ty Qf 8oynton ne~ch, th~t any out'tending m~nioipal a'.e.'m,n~. due. b&ve bn~n pald, , e. T~xea and apuci.l ...e..~nt. '9r the y.~r 1jj4 Mwot b~,paid. if' unpaid, : ~ . . . , . ~. p~Qvl~. s~t1p~.g.ory .videnc~:~h.t loynton Co~",ns Corporlt19n. a Florida corporation t. in Ixiatenc& 1n the itate of FlOrida. rHD 01 'r:IIlDr,JU ....crJOH 1 . , . 1,1 . ' 7 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 17. 1991 County and he was not certain of his boundaries ditions. That was the reason for writing these recommendations. work will be done to have the with as many conditions as possible. Kieran Kilday and Ray Flow approached the podium. Mr. Kilday stated this existing building was built to Code and to rectify a sprinkler system would require a change to the building. Commissioner Aguila stated the sprinkler system is not relevant in this issue. It is a building safety issue. in imposing con- conditions as applicant comply Mayor Weiner reiterated that the Commission asked that the motion be approved subject to all appropriate life safety codes. Mr. Kilday was agreeable. The motion carried 5-0. B. project Name: Agent: Owner: Location: Description: Mall South Kieran J. Kilday, Kilday & Associates Bill R. Winchester, Elsie A. Winchester, Ernest Klatt and Winchester, Winchester, Zieher & Schroeder Property totaling 51.05 acres located on the w~st side of Congress Avenue between Old Boynton Road & Boynton Beach Boulevard LAND USE ELEMENT AMENDMENT/REZONINGI COMPREHENSIVE PLAN TEXT AMENDMENT: Requests to show annexed land as Local Retail Commercial, to rezone from AR (Agricultural Residential) in Palm Beach County to C-3 (Community Commercial) and AG (Agriculture) and to amend the Traffic Circulation Element Support Document of the Comprehensive plan to include Winchester Park Boulevard as a city collector on the Future Functional Classification Map and to include Winchester Park Boulevard as a 4-lane divided road on the 2010 Roadway Design Map. Mr. Cutro explained this is a request for annexation, land use designation, zoning and text change. The land east of Winchester Park Boulevard will be rezoned to C-3. The balance of the land which is west of Winchester Park Boulevard will be left in the Agricultural zoning designation. Winchester Park Boulevard will be redesignated as a city collector. When the applicant does have a fixed plan, they will consider a change to PCD. The Planning and zoning Board recommends approval. If approved by the Commission, this will go to the State and return in 90 days. 11 i' !I 'I :\ :1 , 7 MINUTES CITY COMMI SION MEETING BOYNTON BE CH, FLORIDA NOVEMBER 21, 1995 . Motion Vice Mayor Bra ley moved to approve Proposed Ordinance No. 095-42 on second and final reading. Comm'ssioner Rosen seconded the motion. A roll call vote was polled by the City Clerk. The mot on carried 5-0. Mayor Taylor d elared a recess at 7:55 p.m. The meeting resumed at 8:05 p.m. B. rdinances - 1st Reading 1 Proposed Ordinance No. 095-43 Re: Abolishment of Board of Adjustment Attorney Chero read Proposed Ordinance No. 095-43 by title only. Motion Commissioner J skiewicz moved to approve Proposed Ordinance No. 095-43 on first reading. . Mayor Pro Tern Matson seconded the motion. A roll call vote was polled by the City Clerk. The motion carr ed 5-0. 2. Proposed Ordinance No. 095-44 Re: Creating a new board entitled Board of Zoning Appeals Attorney Cherof read Proposed Ordinance No. 095-44 by title only. Commissioner sen asked about the composition of this board. Mayor Taylor said there will be five regular embers and two alternates appointed by the City Commission for a term of two years. Va ies on the board will be filled by appointment by the City Commission. Members of the oard may be removed by a majority of the total members of the City Commission. embers and alternates of the board shall be electors of the City. Motion Commissioner sen moved to approve Proposed Ordinance No. 095-44 on first reading. Vice Mayor Bra ley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5 O. 20 . . . . MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 X. LEGAL A. Ordinances - 2nd Reading. Public Hearing 1. Proposed Ordinance No. 095-40 Re: Amendments to Boynton Beach General Employees' Pension Plan regarding investment guidelines City Attorney Cherof read Proposed Ordinance No. 095-40 by title only. No one in the audience wished to address this item. Motion Mayor Pro Tern Matson moved to approve Proposed Ordinance No. 095-40 on second and final reading. Vice Mayor Bradley seconded the motion. A roll call vote was polled by the City Cleric. The motion carried 5-0. 2. Proposed Ordinance No. 095-41 Re: Amendments to Boynton Beach Firefighters' Pension Plan regarding investment guidelines City Attorney Cherofread Proposed Ordinance No. 095-41 by title only. No one in the audience wished to address this item. Motion Mayor Pro Tern Matson moved to approve Proposed Ordinance No. 095-41 on second and final reading. Commissioner Jaslciewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 095-42 Re: Boynton Commons rezoning from C-3 to Planned Commercial Development City Attorney Cherof read Proposed Ordinance No. 095-42 by title only. No one in the audience wished to address this item. 19 --.-.--- MINUTES PLANNING 8[ DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA 1.'lc - ,S;.l, NOVEMBER 14, 1995 B. SITE PLANS A. Master.fIan.Modlftcatlon. I. ProJect: Agent: Owner: Location: Tara Oaks PUD Kilday and Associates Bill Ray Winchester Northeast comer of Woolbright Road and Knuth Road Request for approval to modify the prevlously- approved master plan to change access points, recreational amenities, and unit type from apartments to townhouses and use acreage. Description: Ms. Heyden distributed a handout requesting a postpOnement. Staff prepared a summary of the occurrences of the Oty Commission meeting. The applicant presented a revised master plan during the City Commission meeting that staff had not had an opponunlty to review. From the recommendations made by the Oty Commission, there are changes required. To prevent this type of situation from occurring in the future, and to give staff an opponunity to prepare additional comments if necessary, staff recommended that the plan be sent back to staff for comments. The applicant agreed and submitted the new plan. They are prepared to go forward at the next TRC meeting, and the next Planning and Development Board meeting. Ms. Heyden provided a report on the disposition of agenda Items from last month's meeting: Rezoning for Boynton Commons - This board recommended approval and that approval was endorsed by the Oty Commission. St. Joseph's Episcopal Church/School Condition Use Approval - This board recommended approval which was endorsed by the Oty Commission. Landscape Appeal for Boynton Commons . This board recommended approval subJect to staff comments, and that approval was endorsed by the CIty Commission. UPS Landscape Appeal - This board recommended approval subJect to staff comments, and recommended landscaping in equal cost In front of the building instead of installing the landscaping along die south of the building. The Qty Commission accepted that recommendation, and also allowed a change on the north propertY line. They recommended that the gaps In the hedge be filled in. 13 MINUTES REGULAR CI BOYNTON BE COMMISSION MEETING CH, flORIDA OCTOBER 17, 1995 At the podium, ayer Pro Tem Matson reminded everyon~ that the City implemented the Lottie Pierce Citizenship Awa d last year as part of City Government Week, Lottie Pierce was a member of the African,America community who volunteered her services to the City and other organizations, Honoring an exe plary citizen is a way of keeping her memory alive. Last year, Joy Currier was the recipient of this ward. This year's recipi nt is a member of the "Friends of the Library" and the City's Library Board. She is a volunteer at G laxy Elementary School, a member of the Advisory Council on African-American Affairs, and the N rth Boynton Beach Task Force. She has participated in the Wrice anti-drug marches and is a member of the Northwest Neighborhood Association, St. John's Missionary Baptist Church, the Florida Retire Educators' Association, Palm 8each Classroom Teachers' Association, Alpha Kappa Alpha Sorority, e c. This recipient has been exemplary in her service to the community, Mayor Pro Tem Matson pro dly presented the 1994/95 Lottie Pierce Citizenship Award to Dorothy Walker. Ms, Walker acce ted the award. V. BIDS: None VI. PUBLIC EARING: A. PROjE T NAME: AGENT: OWNE: LOCAT ON: DESCRIPTION: Miner Road ................................................................ TABLED Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 ABANDONMENT - Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road This item remain d on the table. Attorney Cherof xplained the quasi-judicial process and administered the oath to all who would be offering testimon this evening. Joe Lelani<=-o esignSouth requested that Item VIII-D, "Landscape Appeal", be moved up on the agenda so th t both applications could be addressed simultaneously. Motion Mayor Pro Tem Iv atson moved to bring Item VIII-D forward under Public Hearing to Item VI-B.l. Vice Mayor Bradley se onded the motion which carried unanimously. B. PROlE T NAME: AGENT OWNE: LOCAT ON: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester Southwest corner of Old Boynton Road and Congress Avenue 7 - - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRIPTION: 'REl~ljq(;":- Request for zoning and master plan approval to construct a 186,130 square foot retail complex On 23.03 acres of land in connection with a rezoning from C-3 to Planned Commercial Development WCD\. and 1, PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue LANDSCAPE APPEAL - Request for a landscape code appeal to omit a 2'h foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. Mr. lelanic explained that this parcel is in a commercial area with the Mall to the north. There are four access points to this parcel. Three of the access points are full turning movements and the fourth (southern-most access on Congress Avenue) is right-in/right,out. The application has been reviewed by the TRC and the applicant has responded to the comments, The 10' required PCD landscape buffer will be provided around the property. There were requests by staff that the landscaping be upgraded, and the applicant has no problem with that request. A landscape appeal has been filed for the southwest corner of the property, At that location, there is an existing ingress/egress easement which services the property adjacent to Boynton Commons parcel. This ingress/egress easement provides access from Winchester Park Boulevard through a median cut. Without this, access to the southern property will be denied. The applicant proposes to move the required 10' PCD buffer to the north of the easement. This site plan has been developed into a configuration which allows internal circulation, provides outparcels along Congress Avenue, and an efficient flow through the site. Tambri Heyden,.1'Ianning...&..Zoning..Director, made the presentation. There will be two main buildings and three outparcels. Some of the buildings indicate drive-throughs. When the master plan is submitted, if a drive-through is indicated, a conditional use approval is not required at site plan approval. The Comprehensive Plan includes this property and the property to the west as Planning Area 7.1. The Plan indicates that this property should be rezoned to PCD when developed. The maximum height of the structures will be 45' including the clock tower. There are three standards used for evaluating the appropriateness of PCD zoning. They are: 1. Relation to major transportation facilities; 2, utility extensions, storm water mitigation and roadway improvements; and 3, physical character of the site. 8 MINUTES REGULAR CI'lY COMMISSION MEETING BOYNTON BEACH, FLORIDA . NOVEMBER 7, 1995 2. Proposed Ordinance No. 095-41 RE: Amendments to Boynton Beach Firefighter Pension Plan regarding investment guidelines Attorney Cherof read Proposed Ordinance No. 095-41 by title only. Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-41 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 3. Proposed Ordinance No. 095-42 RE: Boynton Commons rezoning from C-3 to Planned Commercial Development Attorney Cherof read Proposed Ordinance No. 095-42 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-42 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. C. Resolutions None D. Other 1 . Approval of Settlement Agreement with Summit Properties and Master Plan approval for Isles of Hunters Run This item was addressed earlier in the meeting. 2. Update on Status of Tradewinds Settlement Agreement This item is addressed under XIII-B. XI. UNFINISHED BUSINESS: A. Code amendment. regarding Psychic Readers..............................................TABLED 34 - - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA NOVEMBER 7,1995 Vice Mayor Bradley requested an update on how these permits are presently monitored. City Clerk Kruse explained the procedure currently in existence. Vice Mayor Bradley does not feel a great deal of staff time should be spent monitoring this program. In Mayor Taylor's opinion, no one should be permitted to solicit 365 days a year. City Clerk Sue Kruse confirmed that a permit will be issued for a 30-<:lay period. If the solicitor requests an extension within 29 days, the permit will be reissued for an additional 30 days at no charge. Mayor Pro Tem Matson has a problem limiting legitimate causes. However, Commissioner Jaskiewicz feels all legitimate organizations must be given consideration. In addition, she pointed out the danger associated with the solicitors collecting in the intersections. Mayor Taylor recommended that the permit contain a notation that it must be renewed within a 30-<:lay period. Vice Mayor Bradley requested that the notation point out that they can have 90 days for $10. Attorney Cherof read Proposed Ordinance No. 095-39 by title only. Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-39 on second and final reading subject to staff comments. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 095-40 RE: Amendments to Boynton Beach General Employees' Pension Plan regarding investment guidelines Attorney Cherof read Proposed Ordinance No. 095-40 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-40 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 5-0. 33 MINUTES PLANNING & BOYNTON BE EVELOPMENT BOARD CH, FLORIDA OCTOBER 10, 1995 I. Time Extension for Palm Walk - The City Commission approved the time extension subject to staff comments. J. Clear Copy Site Plan - The Cit~; Commission approved this project subject to staff comments and after the applicant offered additional items. B. Fi ing of Quarterly Report for Site Plan Waivers and Minor Site Plan M difications The Quarterly R port was transmitted for the period through September 30, 1995. When the last Quarterly R port was issued, the board requested that a list of approved waivers and modifications b included. This report includes a separate list of those items. The next Quarterly Repor will contain a separate list by category - commercial versus residential. Chairman Dube noted that Longhorn has submitted a request to enclose their porch. He inquired as to their plan to accomplish this enclosure. Ms. Heyden was not able to answer that question at his time. 6. OLD BU INESS None 7. NEW BU INESS A. P BLlC HEARING Description: Boynton Commons Robert A. Bentz Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue Request for zoning and master plan approval to construct a 186,130 square foot retai I complex on 23.03 acres of land in connection with a rezoning from C-3 to Planned Commercial Development WCD) 1. Project Name: Agent: Owner: Location: 3 MINUTES PLANNING & DEVElOPMENT BOARD BOYNTON BEACH, flORIDA OCTOBER 10, 1995 Mike Rumpf made the presentation using Planning and Zoning Department Memorandum No. 95-566. This property falls within Planning Area 7.f. This project plans to include five (5) single-story buildings with uses that may include a restaurant, office, and other retail tenants. The surrounding land uses include the Boynton Festive Center and Old Boynton Road to the north; Oakwood Square Shopping Center and Congress Avenue to the east; the l-24 Canal and developed retail, commercial and utility uses to the south; and Winchester Park Boulevard and undeveloped property to the west. Access to the PCD is provided by four ingress/egress driveways; two onto Winchester Park Boulevard and two located on Congress Avenue. All driveways allow right and left-turn in and out of the site with the exception of the south driveway on Congress Avenue which is limited to right in and out. There are two drive-throughs indicated 011 the master plan for a bank and pharmacy which prevents tnem from being required to be reviewed as conditional uses. There are 979 parking spaces proposed on the master plan, and only 931 are required for this site. The perimeter greenbelt requirement for the Code has been met except for a short segment along the site perimeter. A landscape appeal will be heard later this evening to allow the perimeter landscape element to be placed on the north side of the accessway. Mr. Rumpf pointed out an error which exists on the master plan. The major tenant #1 is shown on the graphic as 50,000 square feet. It should be shown as 27,000 square feet. This error will be corrected. The proposed developer of the site has a future concept for the undeveloped portion of the property to the north. Staff recommends that this request be approved subject to staff comments referenced in the staff report and the correction of the error which was noted. This recommendation is based on the following: 1, The proposed rezoning is consistent with the Comprehensive Plan recommendation for Planned Commercial Development zoning as described for Planning Area 7.f within the Future land Use Support Document, Section VIII - land Use Problems and Opportunities; 2. The design of the proposed PCD is in compliance with the design criteria established in the zoning code, subject to staff comments; 3. The proposed master plan meets the criteria represented by the three standards for zoning property to PCD, subject to compliance with relevant staff comments; 4 MINUTES PLANNING & DEVElOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1995 4. The commercial uses allowed in the PCD district are consistent with uses allowed in the present C-3 zoning; and 5. The proposed zoning, PCD, in general, is comparable to the existing C-3 zoning (Community Commercial). Joe lelanic, land Design South, 1280 N. Congress, advised that the applicant is proposing the greenbelt around the perimeter. However, instead of the hedge and tree approach, the applicant wishes to do an alternating shade tree and smaller grouping of three landscape elements such as Palms or smaller flowering trees. The applicant has submitted the site plan and the landscape plans required for site plan approval to the TRC for review on October 24. The applicant has gone through the TRC under this rezoning request and has responded to all requests. Chairman Dube pointed out that there were a number of items brought up by Engineering. Mr. lelanic said there were no problems with any of the items brought up by Engineering. Items #18 and 19 were brought up on the first TRC review of the site plan. Because of the discrepancy between a site plan and master plan, they deferred to handle some of those items at site plan review time. The items that must be addressed prior to master plan approval have been satisfied. CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Chairman Dube acknowledged the presence in the audience of Commissioner Rosen. Motion Mr. Wische moved to approve the request for Boynton Commons for zoning and master plan approval to construct a 186,130 square foot retail complex on 23.03 acres of land in connection with a rezoning from C-3 to Planned Commercial Development (PCD) located on the southwest corner of Old Boynton Road and Congress Avenue, subject to all staff comments. Vice Chairman Golden seconded the motion which carried unanimously. Motion Vice Chairman Golden moved to move up the landscape appeal from Item 7-B.l to Item A- 1.A. Mr. Wische seconded the motjon which carried unanimously. landscape Appeal 5 MEEnNG MINUTES PLANNING" DEVELOPlfENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13, 1996 Chairman Dub6 acknowledged the arrival of Vice Mayor Jaskiewicz. Boynton Commons peD Land Design South Boynton Commons Corporation Southwest corner of Congress Avenue and Old Boynton Road Request to 'amend the original PCD master plan to increase the total square footage from 186,120 to 213,650 separate square footage from the main building into a fourth, leased outparcel building, replace the 5,000 square foot leased outparcel bank building with an 8,000 square foot leased outparcel video store, reduce the size of the leased outparcel restaurant building from 7,500 square feet to 5,000 square feet. relocate the drugstore drive-thru to the north side of the outparcel building, add a driveway onto Old Boynton Road and delete a driveway on Congress Avenue. Mr. Haag was available to respond to any questions by the applicant or board members. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING Rezonlna 1, Project Name: Agent: Owner: Location: Description: Mr, Aguila pointed out that he did not see any evidence of wheel stops in the areas that do not have landscape curbs. Mr, Haag advised that the Engineering Department's comments provide a blanket statement that this application must meet the Code, There will be curb stops meeting the Code, and the applicant has agreed to that requirement. These wheel stops are not shown on the master plan, Mr, Aguila asked if the Code requires every parking space to have a wheel stop or a curb. Mr. Haag responded negatively and advised that it is necessary on every other space wherever there is no landscape curb islanc/. Mr. Aguila feels there should be one or the other everywhere to eliminate the potential of cars racing across rows in the parking lot. Mr. Haag said staff reviewed for minjmal Code. Because they had the wheel stops, staff did not make any additional remarks about them, Vice Chairman Golden referred to Comment #27 in Exhibit "E" relative to "closing off every other aisle opening to the north and south for a safer circulation pattern. The new areas should be landscaped and curbed." He asked Mr, Haag to use the map to clarify the meaning of this comment. At the map, Mr. Haag explained that this comment refers to closing off openings to keep vehicles 3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13,1996 from cutting across the parking lot. Mr. Aguila and Ms, Frazier disagreed with this comment. Mr. Aguila feels closing off of these openings will probably cause a great deal of turning around and backing up. Mr. Haag explained that the Engineering Department's concern was with the cross aisles, Mr, Aguila would rather see every grouping of parking have a 5' landscape strip; however, since that is not a Code requirement, then he would want every other one to have that strip and wherever there is no landscape strip, there should be wheel stops on every space, Joe Lelonek. of Land Design South, advised that the applicant also has a concern about closing off every other access, By doing what Engineering recommends, dead-end situations will be created, Some of the parking areas are 100' long. People will be backing down the access aisles. In an effort to avoid people coming from one end of the parking lot to the other, there are areas with landscaped curbed medjans, Chairman Dube noted that the landscaped medians are not on the landscape plan, Mr. Lelonek advised that they are landscaped as far as sod, They will be used as pretreatment areas for the retention, Detailed landscape plans were submitted with the site plan application, That application will come before the board within a few months. At this point, the overall master plan is being addressed. The lesser detail requirement does not sl]o"" all of the individual landscape items other than some of the items that were requested as part of the last rezoning application. Those requests included an increased buffer on the perimeter of the site and some of the individual terminal island trees. It will be very difficult to take a diagonal track across the parking lot in the areas where the landscape aisles are provided, The major concem of the applicant is the location of "Sports Authority". The applicant has provided the location of "Sports Authority" in an effort to secure the final leases. Thjs center includes a number of national tenants with their own set of guidelines of what they want wjth regard to zoning and location, The r~:wning that is being presented is to increase the square footage of the center, This center will retain the same number of tenants; however, this will provjde final plans as part of the lease packages and the Letters of Intent for the uses. One of the finalized items is the location of "Sports Authority". Mr. Lelonek believes their lease is predicated on the location proposed. A relocation of this store to the north would cause a problem. Mr. Lelonek displayed a proposed revision which will be part of the site plan. The proposal involves moving the local retail from the east side of "Bed, Bath & Beyond" to the west side and stretching the interior core farther to the west. By doing this, the problem of the access on Old Boynton Road will be eliminated. The applicant will keep the center corridor through the site to allow access and visibjlity. "Sports Authority" will remain on the southwest side of the tract. Thjs is a major issue and the applicant cannot accept staffs comments to move "Sports Authority" to the north end of the site. The retention area, as shown on the proposed revision, has benefits, It is larger than it was at its previous location (1.33 acres) and its location is next to the intersection which will provide a focal point at the corner. Mr. Aguila pojnted out that what Mr. Lelonek was proposing was not what the board had before it for review and action, Mr. Lelonek advised that staff was alerted to the proposed change last week, Staff decided to proceed with the plan that was submitted, and any changes relative to the removal of the access pojnt on Old Boynton Road or any other changes, could be handled through the site plan. The applicant agreed to that, but wanted the members of this board to realize that there is an intention to change the plan. They want to be up front with thejr intentions and have the benefit of showing that to the board. 4 MEETING MINUTES PLANNING" DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13. 1996 In response to Chairman Dube's question, Ms. Heyden advised that the plan the board was reviewing this evening is the same plan that will go before the City Commission. Mr, Aguila pointed out that Mr, Lelonek's proposed changes look good to him at a distance of 30'; however, he may feel djfferently at 12". Mr. Lelonek offered to provide plans to each of the members. He circulated the one copy of the proposed changes he mentioned so that the members could review it. Ms. Heyden advised that this will come back to the board as a site plan approval, She further advised that this proposed change was given to staff the day before the agenda package was ready. There was no way to handle this without getting comments from staff. That is why the board is reviewing the original submittal. Mr. Lelonek thanked staff for allowing the applicant to move forward, and realized that there was not enough time for staff to review the proposed changes prior to this meeting. Mr. Wische asked if the board would be able to vote on the changes proposed by the applicant. Ms. Heyden advised that the appljcation which is before the board this evening is the one which was on the screen, and nothing else. ' Mr. Lelonek stated that most of the remaining comments are reiterations of Code requirements. He addressed the comments of concern as follows: . The first Comment #15 of Exhibjt "E" states that not more than two freestanding signs are allowed. Mr. Lelonek requested that thjs be written to the jntent of the Code -- "that unless the appljcant submits a master signage program that would allow more signs". This master signage program would have to be submitted at a later time, Ms. Heyden advised that the Code only allows two freestanding signs per property. Based on the current plan, leased outparcels are shown. These are not separate tracts. Because this is one parcel, they are allowed two freestanding signs. Mr, Haag added that the sign code allows for some flexibility with respect to planned developments. If approved by the Planning and Development Board and the City Commission, the applicant can introduce more signs. The base is two, but there is some latitude. In response to 'VICe Chairman Golden's question, Ms. Heyden advised that the sign program will be separately approved. . Comment #22 requests the elimination of parking/backing directly into major north/south driveway which serves as a local street. It recommends revising the site' plan to move "Sports Authority" to the northwest corner and the retention back to its location along with some additional changes. The applicant disagrees with comment relative to the master plan that is being reviewed tonight. He referred to the proposed changes where this situation will be removed entirely because the access onto Old Boynton Road will be eljminated. Mr. Aguila asked if Mr. Lelonek would object to flipping the 13 parking spaces 1800, At present, the 5 MEETING MINUTES PLANNING'" DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13, 1996 back out is now toward the west with the island toward the east. By doing this, the patrons would have to come from the Walgreen's side to pull in, Mr. Lelonek stated this is an option he would consider. " Comment #27 deals with closing every other access aisle. Mr, Lelonek disagrees with this comment, as discussed earlier. . Comment #29 deals with City-approved road bumps, Mr. Lelonek disagrees with this comment and feels that in this center, they do not feel speed bumps are appropriate, The access aisles are wide, and there is room for fire lanes in front of the individual tenants. Mr. Lelonek was opposed to any type of speed bump or hump. Ms, Frazier, and Messrs. Aguila, Elsner and Wische agreed with his position. " Comment #46 addresses moving "Sports AuthorIty" to the north side of the site. Mr. Lelonek disagrees with this portion of the comment. However, he is in agreement with the following: It is further recommended that, if a redesign of the sn. would result In the omission of the driveway located on Old Boynton Road, that the removal of the driveway not require an application for a master plan modification. Chairman DuM expressed his concern with the location of the handicap parking spaces because they do not allow proper access to the stores. Mr. Lelonek advised that the revised site plans depict revjsions to those parking spaces. Some of the spaces have been relocated to the fronts of the stores. . Mr, Aguila stated that he does not have a problem with the location of "Sports Authority" where it is proposed. However, Winchester Park Boulevard will be a very busy road. The first thing that will be obvious will be the loading area for "Sports Authority". He noted the 6' high masonry wall on the north side of "Bed, Bath & Beyond". He proposed that the applicant do the same thing on the west side of the truck wale by "Sports Authority", As a starting point. he recommended going at a 450 angle from the corner of the building at the south end of the truck wale up toward the first Winchester structure wall. It can then be run north and across the angle past the compact area coming from the 450 angle from the building. By doing this, the entire side will be shielded, Landscaping and foundation planting can be added to prevent graffiti. In addition, Mr. Aguila recommended that there be a softer lake edge which includes foundation plantings. This will provide a focal point and a nicer public space. Mr, Aguila further requested that wheel stops be installed at every space wherever there are no sodded landscape aisles. He explained that his first choice would be for more landscaping, but he realizes that the applicant would lose parking spaces, Tree should be planted in the lanes where landscaping is included. No trees appear on the current plan, but Mr. Aguila is hopeful they will be obvious at site plan. Chairman Dube asked Ms. Heyden to explain staffs recommendation to move "Sports Authority". 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13,1996 Ms. Heyden 8lqlIained that when this developer met with her, she leamed that he was the developer of the Fountains at Boynton Beach Boulevard and Jog Road, That center is beautifully done and is probably more attractive than any other center in Boynton Beach. The parcel in question this evening is one that has Comprehensive Plan language attached to it. At the time of adopting the Comprehensive Plan, language was included which provided guidelines on how to develOp this parcel, The property in Plannjng Area 7,f includes this language. That language states that this property is to be developed into Planned Commercial Districts. Planned Commercial Districts require a master plan which gives the City an opportunity to set design guidelines. This property is in the heart of "the new downtown" and it is very significant to the City, At the Fountains, there is a great deal of tile and paver bricks, There is also a fountain. That is what we would have liked'in this center, Originally, they tried to achieve something similar through their water areas and the clock tower. This shopping center has visibility on all four sides and therefore sets up interesting opportunjties for the tenants because there will be internal competition. The clock tower feature has now been eliminated, They have agreed to include a fountain in the water area. We wanted this to be a signature shopping center. By placing the outparcels in the locations shown, it does not take into consideration what could happen on the remaining parcels. , Shopping center development has changed dramatically. Ms. Heyden has heard that banks require signed leases from the tenants prior to providing the financing. There is a great deal of competition. With the original master plan, when "Sports Authority" felt "Bed, Bath & Beyond" had better visibility, they pulled away from the center, Vice Chairman Golden understands that while the original plan is the nicer plan, the second plan is the real world developer'S plan. Ms. Heyden would like to have seen this center developed in a special way since it is in the heart of the new downto\1ln. This master plan shows nothing to identify that it is special. Chajrman Dube questioned why "Sports Authority" left the Boynton Festive Center, Ms. Heyden explained that it had something to do with the contracts signed by the tenants on Congress Avenue in front of the Mall that prohibited the sale of certain items. Ms. Frazier asked for a status report on the property across the street from Boynton Commons PCD, To her knowledge, Ms. Heyden reported that the developer of Boynton Commons PCD plans to purchase that property. Motion Vice Chairman Golden moved to recommend approval for Boynton Commons PCD request to amend the original PCD master plan to increase the total square footage from t86,1'20 to 2t3,650 separate square footage from the main building into a fourth, leased outparcel building, replace the 5,000 square foot leased outparcel bank building with an 8,000 square foot leased outparcel video store, reduce the size of the leased outparcel restaurant building from 7,500 square feet to 5,000 square feet, relocate the drugstore drive-thru to the north side of the outparcel building, add a driveway onto Old Boynton Road and delete a driveway on Congress Avenue subject to staff comments with the following clarifications and deletions: 1. The first Comment #15 - The sign issue will be resolved at site plan approval or at 7 MEETING MINUTES PLANNING a. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 13, 1996 whatever point they submit a package; 2. Item #22 - To flip the row of parking next to the Walgreen's as discussed; 3, Item #27 - Delete 4. Item #29 - Delete 5. Item #46 - Delete the first part of the comment, but keep the second part which reads, "It is further recommended that, if a redesign of the site would result in the omission of the driveway located on Oid Boynton Road, that the removal of the driveway not require an application for a master pian modification." Ms. Frazier seconded the motion. Mr. Aguila asked if Vice Chairman Golden would qonsider the two items he suggested earlier regarding the approximate 300 linear feet of wall on the west side of "Sports Authority" along Winchester Park Boulevard to shield the loading area, with appropriate foundation plantings; and the additional landscaping. Vice Chairman Golden shared these concerns, but feels they can be dealt with at the time of site plan. Chairman Dube acknowledged the presence in the audience of Commissioner and Mrs. Bradley. The motion carried 7-0. For Ms, Heyden's edification, Mr, Aguila advised that his recommendation relative to Comment #22 is to flip the 13 parking spaces on the west side of Walgreen's so that they do not back out into the drive ajsle, CHAIRMAN DUBE P01NTED OUT THAT THIS W AS A PUBLIC HEARING, BUT THERE WAS NO ONE FROM THE PUBLIC PRESENT IN THE AUDIENCE TO COMMENT. B. APPEALS Community Desian Plan ADoeal Blockbuster Video Will Sherrod Anchor Awning & Signs Blockbuster Entertainment Boynto'n Lakes Plaza - southeast corner of Congress Avenue and Hypoluxo Road Request to appeal the Community Design Plan to allow back-lit awnings. Chairman DuM announced that the board received a request to postpone thjs application until the September 10,1996 meeting, 1. Project Name: Agent: Owner: Location: Description: 8 -,., .~ , - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 17, 1991 Commissioner Matson wondered if this could be approved in concept only at this point and then ask for a petition for voluntary ~ annexation. Attorney Cherof stated this is a petition for voluntary annexa- tion. It can be approved in concept with the understanding this is not the formal approval of that petition, but it is an indica- tion of what will come. In response to a question posed by Commissioner Aguila, Mr. Cutro stated there is no charge for the state process. All work per- formed is included in the applicant's overall fee. Mr. Kilday stated their intent is voluntary annexation and agreed they would submit a PCD application. Motion Commissioner Aguila moved the approval of this application. Commissioner Matson seconded the motion. Attorney Cherof suggested this should be a motion to approve the Land Use Element Amendment, the rezoning and the Comprehensive plan Text Amendment in concept pending the submission of petition for voluntary annexation. Commissioner Aguila asked that his amend~ent be modified as such. Commissioner Matson seconded the modification. Water Treatment Plant Expansion Christopher cutro City of Boynton Beach The 7.47 acre parcel located south of the Water Treatment Plant on South Seacrest Boulevard. LAND USE ELEMENT AMENDMENT/REZONING/ COMPREHENSIVE PLAN TEXT AMENDMENT: Requests to amend the Future Land Use Element of the Comprehensive plan from Medium Density Residential to Public and Private Governmental/Institutional, amend Area 4.e of the Future Land Use Element Support Document to remove obsolete text and rezone from R-2, Single and Two-Family Residential to PU, Public usage. Mr. Cutro stated this is a change of land use. The will also remove obsolete text from the Comprehensive plan which recommends this property be construed for a certain use if purchased by the The motion carried 5-0. C. Project Name: Agent: Owner: Location: Description: .~ 1 8 MINUTES - REGULAR PLANNING .. ZONING BOARD MEETING BOYNTON BEACH. FLORIDA DECBMBER 10. 1991 Chairman Rosenstock questioned whether or not a sprinkler system 41' exists at the day care center and stated he would not vote in favor of this application if one does not exist. ~ieran ~ildav represented Mr. Flow. He stated that Mr. Flow has no problems with any of the recommendations. He said that the day care center is open and operating and was built to meet all Codes. This property was annexed pursuant to the water service agreement. Mr. Kilday was unable to answer Chairman Rosenstock's question about the sprinkler system. The City is already pro- viding water for the day care center, but they agreed to annex at the City's request. Mr. cutro advised that this property has already been annexed into the City. After reviewing the plans, Ms. Huckle found the location of the fire hydrant although no water mains suggesting the existence of a sprinkler system going into the building could be located. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE OTHER THAN MR. KILDAY TO SPEAK ON THIS APPLICATION, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC AUDIENCE CLOSED. ... Motion Ms. Huckle moved to APPROVE the request for conditional use for an existing 8,920 square foot day care center serving 200 . children for Little Dude Ranch Day Care Center subject to all staff comments. Murray Howard seconded the motion. Efrem Hinson again questioned the subject of the sprinkler system. Chairman Rosenstock repeated his statement that he would not vote in favor of this application at this time. Mr. cutro explained this area comes under Building Department cri- teria. The motion carried 5-1. (Chairman Rosenstock cast the dissenting vote. ) LAND USE ELEMENT AMENDMENT/REZONING/COMPREHENSIVE PLAN TEXT AMENDMENT Location: Mall South Kieran J. Kilday Kilday & Associates Bill R. Winchester, Elsie A. Winchester, Ernest Klatt and Winchester, Winchester, zieher & schroeder Property totaling 51.05 acres located on the west side of Congress Avenue between Old Boynton Road and Boynton Beach Boulevard. . 2. proj ect: Agent: Owner: - 6 - .._~-----_.-_.-. MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH. FLORIDA DECEMBER 10. 1991 . Description: Requests to show annexed land as Local Retail Commercial, to rezone from AR (Agricultural Residential) in Palm Beach County to C-3 (Community Commercial) and AG (Agriculture) and to amend the Traffic Circulation Element Support Document of the Comprehensive plan to include Winchester Park Boulevard as a city collector on the Future Functional Classification Map and to include Winchester Park Boulevard as a four- lane divided road on the 2010 Roadway Design Map. Michael Rumpf made the presentation. He stated that Kieran Kilday has made this request for annexation into Boynton Beach. There is an additional request to rezone the annexed land to Local Retail Commercial and to rezone the area to the east of Winchester Park Boulevard to C-3 Community Commercial and rezone the remainder of the land to AG (Agriculture). The applicant has also requested a text amendment to the Comprehensive Plan. , Staff recommends the request for annexation. Such annexation will result in the elimination of an enclave. Staff further recommends approval of the text amendment. 4t Xieran Xilday represented Mr. Winchester. He explained this is a large vacant piece of property located between Boynton Beach Boulevard and the Mall. The property has been contained by the City and has not as yet been annexed because there is no specific development plan at this time. This request is the beginning of the process. The owner is aware of the zoning restrictions with regard to planned Commercial Development. Their next step is to go to the Department of Community Affairs for review. This will take approximately three months. They will then return to the City for final approval. A plan will then begin for the PCD. Ms. Stevens questioned if a gas station could be put on the east parcel. Mr. Kilday responded that a gas station could be erected at the northeast corner. This is one of the stations previously discussed by Mr. cutro. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK ON THIS APPLICATION, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC AUDIENCE CLOSED. Motion . Ms. Huckle moved to APPROVE the request for Mall South to show annexed land as Local Retail Commercial. to rezone from AR (Agricultural Residential) in Palm Beach County to C-3 (Community Commercial) and AG (Agriculture) and to amend the Traffic Circulation Element Support Document of the Comprehensive plan to - 7 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 . include Winchester Park Boulevard as a city collector on the Future Functional Classification Map and to include Winchester Park Boulevard as a four-lane divided road on the 2010 Roadway Design Map subject to staff comments. Mr. Cwynar seconded the motion which carried 6-0. 3. Project Name: Agent: Owner: Location: Water Treatment Plant Expansion Christopher Cutro City of Boynton Beach The 7.47 acre parcel located south of the Water Treatment Plant on South Seacrest Boulevard. Requests to amend the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Public and Private Governmental/Institutional, amend Area 4.e of the Future Land Use Element Support Document to remove obsolete text and rezone from R-2, Single and Two-Family Residential to PU, Public Usage. Michael Rumpf made the presentation. Mr. Cutro, agent for the City, has requested the Future Land Use Element of the Comprehensive plan be amended to accommodate the expansion of the . City's Water Treatment Plant. Description: staff recommends that the text be amended to remove unnecessary confusing verbiage. Staff recommends approval of the applica- tion. Mr. Howard wondered if Mr. Delaney's concerns would be addressed regarding the height of the trees as a buffer. Mr. Rumpf stated there is no site plan for the expansion at this time, but this will have to be incorporated into the site plan. Ms. stevens pointed out that this can be addressed when the site plan comes back to the Board in the future. CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING OPEN. Stella Rossi, 625 Whisperinq Pines Road, represented the Coalition of Wilderness Islands. This group saves native ecosites. She appeared to ask for consideration for their concerns. She asked a number of questions as follows: 1. Has the environmental assessment been completed, and if so, who is the biologist and what were his/her findings? The Coalition of Wilderness Islands requested a copy of the completed assessment. . - 8 -