APPLICATION
r.~
~
PROJECT NAME: Boynton Shoppes
LOCATION: 1620 South congress Ave.
COMPUTER ID: 82-000010
PERMIT #:
I FILE NO.: ZNCV 00-'012 I TYPE OF APPLICATION: Zoning Code
Variance
AGENT/CONTACT PERSON: OWNER/APPLICANT: Boynton Shoppes
Robert E. Basehart, Basehart Consulting,
Inc. PHONE: 561-997-0045
PHONE: 561-833-3114 FAX: N/A
FAX: 561-833-3293 ADDRESS: 943 Clint Moore Road, Boca
ADDRESS: 333 Southern Blvd., Suite 200, Raton, Florida 33487
West Palm Beach Florida, 33405
Date of submittallProjected meetin~ dates:
SUBMITTAL / RESUBMITTAL 7/12/00
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 9/11/00
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 9/26/00
MEETING:
CITY COMMISSION MEETING: 10/03/00
COMMENTS:
J:\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Boynton Shoppes (ZNCV)\PROJECT TRACKING INFO.doc
APPLICATION ACCEPTANCE n"Tr- 111d-.f.(jJ RECEIVED B~"T~F MEMBER: /3w
FEE PAID: :1, d 5b --QQ... _ _ RECEIPT NUMBER: 50 ~ Or
~~~: ~ITYOFBOYNTONBEACH ;'-r;;C;1-r;.. .
ZONING CODE VARIANCE APPLlCAl!~"-C;'.' ' :,
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARt)!.~E~~d;~AND
SUBMITTAL DATES: '
Please Print (in ink) or TVDe
Submittal Date: 7/12/00
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
PCN# 08-43-45-32-00-000-3040
Property involved is described as follows: Lot(s) 3040
Block 000
Subdivision OJ
Plat Book N/A
Page
or otherwise described as follows:
..
Property Address 1620 S. Congress Avenue
-".
Variance requested
Periperal Greenbelt (S-5-F.7.f) 101 to 51 or a 5' variance
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site \
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property .
K. Surveyor's Certificate
2. Two site Dlans properly dimensioned and to scale showing:
Page 2
Zoning Code Variance Application
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as labels or addressed envelopes and postage (1st class--
stamps or payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aQent is submitting the oetition. a notarized COOy of a letter desianatina him as
such must accomoany the oetition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
type) :
A. That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance. requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
Page 3
Zoning Code Variance Application
7. Name and address of owner: Boynton Shoppes, 943 C 1 i nt Moore Road, Boca Raton, FL 334W
Agent
,
8. NameofaplfllJ4eam: Robert E. Basehart. Basehart Consultina. Inc.
Agent's
AplldiuAra address:
Agent1s
A9'pdtaR~s phone #:
Date: 7/11/00
333 Southern Blvd., Suite 200, West Palm Beach, FL 33405
(561) 833-3114 / -p t\ 'x:: ~ .c-sC~ (- :3 -3').- 3~(~
I '
Agent ,-, ^ ~"- c n ~ ~
Signature of A.pPJj~: ~c..... ~Q- ~
TO BE COMPLETED BY PLANNING AND ZONING
1.
Property is presently zoned:
formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
4. Nature of exception or variance required:
5.
Case Number:
Meeting Date:
Page 4
Zoning Code Variance Application
TO BE FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
~~~~.-~
APPLICANT/AGENT
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNING\SHARED\WP\FORMS\APPS\ZNCV\ZNCV.APP
Junel, 1997
BOYNTON SBOPPES
SIDE SETBACK & GREENEST VARIANCES REQUEST
JUSTIFICATION STATEMENT
The purpose of this request is to obtain approval ofa variance from the provisions of Sec. 5-F.7.e of
the Zoning Code (side interior setback), to allow a 17.5 foot setback in lieu of the normally required
30 foot setback, and from the provisions of Sec. 5-F.7.f(greenest), to allow a 5 foot wide landscape
buffer along a short portion of both the east and west property lines in lieu of the normally required
10 feet; to accommodate the development of the final portion of the Boynton Shoppes PCD. The
project is located on the east side of Congress Ave., approximately 200 feet south of Woolbright
Road, adjacent to the south side of an existing Amoco Station/McDonalds that is located at the
intersection. The project wraps around the Amoco/McDonalds facility and extends northerly to
Woolbright Road. The project has been developed with an oil change facility, a tire store and detail
shop and retail stores that total 18,530. 9 square feet and all orient to Congress Avenue. An entrance
and exit drive connecting to Woolbright Road has also been constructed.
This application relates to the portion of the property that extends from the primary development area
to Woolbright Road. The width of the property is only 117.3 feet and is sandwiched between the
Amoco/McDonalds project on the west and a retail bank facility to the east. The portion of the bank
site adjacent to the subject parcel is used as an access drive for their drive-in tellers. The applicant
is proposing to construct a 3,000 square foot building in the area between the entrance drive to the
overall project and the east property line. The proposed building will be 40 feet wide and 75 feet
deep. The eastern half of the building will be a fast food restaurant, with a drive-thru window and
the eastern half will be a retail shop. Unfortunately due to the severe site constraints imposed by the
width of the property, which can not be expanded due to existing development on both sides, a usable
building can not be developed without the variance relief sought.
The reduced landscape buffer along the west property line is 200 feet long and only 140 feet long
along the west property line. There are established landscape buffers on the adjacent properties on
both sides, effectively expanding the landscaped area separating the uses to a size that is in
conformance with the objective ofthe Code, to establish a significant visual barrier between uses.
The proposed building is one story, is only 75 feet long and is adjacent to a large open area on the
bank property to the east. The granting of the requested setback variance will not create an
unacceptable reduction oflight or air, nor will it create either a physical or visual imposition on the
adjacent property.
The applicant believes that there are special conditions, hardships and reasons that justify the
requested variances, as follows:
1. There are special conditions and circumstances that are peculiar to the land and the business
involved that are not applicable to other lands and businesses in the same zoning district. As
noted above, the width of the property is only 117.3 feet and is sandwiched between the
Amoco/McDonalds project on the west and a retail bank facility to the east. Due to the
severe site constraints imposed by the width of the property, which can not be expanded due
Boynton SHOPPES PCD
Variance Justification
Page 3.
6. The granting of the requested variances will be in harmony with the general intent and
purpose of the Code and will not be injurious to the area involved or otherwise detrimental
to the public welfare. It is the intent of the Code to allow businesses in the City to have
adequate developable area to operate viably, but to provide appropriate separation between
buildings and to provide a visual separation between uses with the installation of landscape
buffers. As noted above, the bank facility located to the east is fully developed and its
physical building improvements are located substantially further away from our common
property line than is required by the Code. Consequently, the separation of buildings that will
result if the requested setback variance is granted will be far greater than is required by Code,
and therefore does not violate the intent of the Code. Similarly, the adjacent properties both
to the east and west have existing, mature landscape buffers already installed. The buffer
installed by the applicant on both sides of the site will improve the current situation. To
mitigate any potential impact of our requested reduction in width, the applicant would be
willing to intensify the amount of plant material in our buffers if the City feels such is
necessary. However, it is our opinion that intensification adjacent to the mature landscaping
of the adjacent sites is not necessary to establish a meaningful visual separation of activities.
Considering the unique circumstances facing this property, approval of the requested buffer
variance will not violate the intent of the Code.
BoymonSHOPPESPCD
Variance Justification
Page 2.
to existing development on both sides, a usable building can not be developed without the
variance relief sought. The location and physical constraints affecting the development ofthis
site are unusual and can not be resolved without the relief requested. The uses proposed for
the building are permitted uses in the PCD zoning district, and the proposed development
complies with all Code requirements except the two provisions from which relief is sought.
2. Literal interpretation of the provisions ofSec.5-F.7.e & 5-F.7.fofthe Code would deprive
the applicant rights commonly enjoyed by other properties in the same zoning district under
terms of this Ordinance and would work an undue hardship on the applicant. Without the
approval of the requested variances, the applicant would be deprived of the ability to develop
the subject property with a usable building and allowed uses commonly enjoyed by other
properties in the PCD or other commercial districts. The unique physical characteristics of
the subject property as it relates to width and adjacent uses, and as described above, justifies
the requested variances.
3. The special conditions and circumstances making this request necessary do not result from
actions of the applicant. The applicant purchased the property in question in the configuration
that it currently exists, with adjacent properties already fully developed. The existing entrance
road to the balance of the Boynton SHOPPES project does not represent a self created
hardship, because if this entrance road did not exist, the applicant would have to construct
an entrance and develop on site parking and circulation independently, which would result in
the same limitations and impediments facing him presently.
4. The granting of the requested variances will not confer on the applicant any special privilege
that is denied by the Ordinance to other lands or similar businesses in the same zoning district.
As discussed above, there are very few locations within the City that are faced with the same
limiting conditions. The applicant is not requesting any uses that are not normally permitted
and the proposed site plan complies with all requirements of the Code, other than the two
variances sought.
5. The requested variances are the minimum necessary to make possible a reasonable level of
identification for the proposed use. As discussed above, the proposed building is only 3,000
square feet in size and is only 40 feet wide. A reduction in the width of the building would
render it too small to be usable. Further, due to the width of the site, and the inability to
acquire any additional land, there is no way to reduce the variances sought, without creating
the need for other types of variances.
Jul 07 00 10:32a
Basehar_~
(56!-.1833-=3293
p.2
Boynton Shoppes, LLC.
943 Clint Moore Road
Boca Raton, FL 33487
JuJy 6, ;WOO
Michael W. Rumpf, Director
Planning & Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 34425
RE BOYNTON SHOPPES peD - AUTHORIZATION
Dear Mr. Rumpf:
This letter is to serve as permission for Robert E. Basehart, Basehart Consulting, Inc. To act as agent,
to prepare and submit all documentation, and attend all meetings pertaining to the property legally
described in attached Exhibit" A" as it relates to any Zoning, Annexation, Variance, Concurrency or
Comprehensive Land Use approvals.
Furthermore, I Martin Heise, Member of Boynton Shop pes, LLC, and current property owner, do
hereby authorize Robert E Basehart, Basehart Consulting. Inc. to do all acts and agree to any terms
or co ditions whi~h may arise as pan of the approval of this application.
in Heise, Member
Boynton Shoppes, LLC
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instnuneo1 was acknow~p"'~ ~ day of i u.J rI ,20 [)[) ,
by (fjo._t:..n /oJ H .e..l s..L- ~ is . ersonally _ to me or wh has produced
. ,,/ as . entifi~ did (did not) take an oath.
erson takmg/ a.c owledgment
be)t-I["\('A- S.OlLCQ~
Name of acknowledger typed, printed or stamped
Title or rank
OFFICIAL NOTARY SEAL
BJITfINA J WOOD
. UBLlC Sf ATE OF FLORIDA
COMMISS10N NO. CC7831SS
MY COMMISSION EXP. TUNE 10,2001
Serial number (if any)
Affidavit & Member Certificate
I, Gerald S. Berson, Member and Chief Executive Officer of Boynton Shoppes. LLC, a
Florida Limited Liability Company ("Company"), hereby certify that each of the
following named individuals has been a Member and Officer of the Company set forth
opposite his name, continues to hold such position on the date thereof, and the signature
set opposite his name is the true, lawful and genuine signature of that person:
Name
Position
Martin P. Heise
Chief Financial Officer
Gerald S. Berson
Chief Executive Officer
It is further approved that Martin Heise and Gerald Berson are authorized to sign any and
all documents required for the site plan approval, zoning, land development and building
permit phases of this project.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Company as of the /0 day of July, 2000.
Jul 07 00 10:32a
Basehar~
(561J833-3293
- -,
p.2
Boynton Shoppes, LLC.
943 Clint Moore Road
Boca Raton, FL 33487
JuJy 6, 2000
Michael W, Rumpf, Director
Planning & Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 34425
RE: BOYNTON SHOPPES pen - AUTHORIZATION
Dear Mr Rumpf:
This letter is to SeNe as permission for Robert E. Basehart, Basehart: Consulting, Inc. To act as agent,
to prepare and submit all documentation, and attend all meetings pertaining to the property legally
described in attached Exhibit" A" as it relates to any Zoning, Annexation, Variance, Concurrency or
Comprehensive Land Use approvals.
Furthermore, I Martin Heise, Member of Boynton Shop pes, LLC., and current property owner, do
hereby authorize Robert E Basehart, Basehan Consulting, Inc. to do all acts and agree to any terms
or co ditions which may arise as part ofthe approval of this application.
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
TheforegOing_wasacl<now~.""1Ilis- ~ day of i ~ ,20 (}[) ,
by rna.J::..rIN H-e...J~ ~.-J.s . ersonally _ to me or w has produced
as . entificati ,d who did (did not) take an oath.
/ i
I
Signature 0 erson takmgj ac
Be...th(\D-- 'S.OCLcQ"'I)
Name Qf acknowledger typed, printed or stamped
Title or rank
OFFICIAL NOTARY SEAL
BfiTIINA J WOOD
rUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC783155
MYCOMMISS!ON EXP. TUNE 10,2001
Serial number (if any)
_._~, -----------
Affidavit & Member Certificate
I, Gerald S. Berson, Member and Chief Executive Officer of Boynton Shoppes, LLC. a
Florida Limited Liability Company ("Company"), hereby certify that each of the
following named individuals has been a Member and Officer of the Company set forth
opposite his name, continues to hold such position on the date thereof, and the signature
set opposite his name is the true, lawful and genuine signature of that person:
Name
Position
Martin P. Heise
Chief Financial Officer
Gerald S. Berson
Chief Executive Officer
It is further approved that Martin Heise and Gerald Berson are authorized to sign any and
all documents required for the site plan approval, zoning, land development and building
permit phases of this project.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Company as of the /0 day of July, 2000.
, '.
..
-
--
, ~(
RECORDANDRETURJ.~ 'fO: JlV
WEINER, MORICI & ARONSON PA
102 N SWINTON AVENUE
DELRAY BEACH FL 33444
",
DEC-12-1997 9:27u 97-4'.3841
ORB 1D130~.P9.903 .
I . ..._......-n.._
Con 638,000.00 Doc' 4,466.00
~m~ 08-43-45-32-00-000-3040
~ '1 '1'Df:
Special Warranty Deed
Tbts Indenture, Madetbts lOthdayor December. 1997 A.D, , Between
WESTLAKE HARDWARE, INC., a corporation existing under the laws of
the state of Delaware
of the CoIJIIty of
BOYNTON SHOPPES, INC"
the state of Florida
. SlIlC of Kansas ,grantor, aIIlI
a corporation existing under the laws of
whoruddreuir: 943 CLINT MOORE ROAD, BOCA RATON, Florida 334.87
oflheCoUll1Yof PALM BEACH Statllof Florida ,grantee.
Witnesseth dial Ibll GRANTOR. for IIIl1 ill WoUderati01l of the IUIII of - - - - - - - - - - - - - -
- - - - - - - - - TEN & NO/100($10.00) - - - - - - - - - - DO~.
ud odIer 1004 IIIlI valuable coasidenll:im to GRANTOR In hand pail1 by GRANTEE. the receipt wh_f 1& hen:oy 1Cknow1e4.ocl. has
granted. barplned and sold to the said OllANTBB and GRANTEE'S ftlCCOlIson and as.ips louver, the following :lesc:ribed 1m!.
lllua1c.lyq UK! bcins ill tbe Couaty of PALM. BEACH Stleof Florida to wi!:
SEE EXHIBIT "A't ATTACHED HERETO.
Subject to restrictions, reservations and easements of record,
if any, and taxes subsequent to 1997.
Together wll!l all 1mCaIC1Ib. hcRdilanlenta and appunclW1CCS thoreto beqll8 or ill lJl)"wise Il!'remin.ng.
To Have and to Hold, the lAme in fM liqlIe fotever.
And die II'IJIlor hereby coveJWlU wilb nilt lran~ dlat annmr 15 l.Iwruuy seized of said land in .fee simple; thai Il'UlIDr baa
good right and lawfUl aumorky III SIlO IJIIl convey Aid 1aIld; thaI grantOr her~ !lIBy warranrs the tide to said lAnd and wlU'
defend rile same apiosl the lawful tlIims of aU porlOlll claimins by, dneup or under IfAlVOr.
W ess Whereof, Ihe l(IIllllr Ills berc:ul1l1l Kl. tbc:ir hand and 1M!. dae day aod year rIm IIlvwe '!riUen.
ed IU1d de1~ered oW' presence: WES TLAKE HARDWARE, INC.
, ,
pr ed Name:
witness
~ .
JYl(l B J?f
P Tneed j.,e, ~n~ _ ;:r
Witness
f> alda., /'0
(SeaJ)
(Seal)
.:..1" _;'~ .
(Seal)
STATE 0Jl' KANSAS
COUNTY OF jOM.v.>c:ac-.--
1'be fonIolDl ilIJImmIat wu aeknowlldsed before me this
HOWARD W. ELSBERRY . PRESIDBNT
WBSTLAKB HARDWARE. ~
011 beIIaIt ~,~~~. .
t DEBRA FROST
;: Notary PubUc- Sta~Qf Kansas
'I . 'tJ I
Ii My Appl. Explres_ .. '$~
.~~~~ ~-.N-." . --"~
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c. _ ~: ~.. _ ~, .. _~ ;4~
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.: / ": .l ,~":'~;:\ .:'
(co:t.-po~il~~: ~~Qi) :-::; r~ :
1/ -rA day of De~emb~rl:.~9~ir.~~
Iind ANNE W. ELSBERRY . SBCRBT~Y'of..."/ ~,
. Delaware - ~.." Oorpo~...
~. - .'
WI1 III me
baye produclld lboii'
~~
Notary Public
n:c:.l.LL'.I:l.L\, .lY.1VL\.l\..i.l ~ iUtU~tiU.N PA
.. 10~ N SWINTON AVENUE
DELRAY BEACH FL 33444
,
ORB 1 ('\-4 3~ pg 904
. DOROTHY H. ,,11J\1-l4, CLERK PB COUNTY, A.
EXHIBrI'. "A"
A parcel of land in Section 32, Township 45 South, Range 43 Bast, City of
Boynton Beach, Palm Beach County, Florida, being more particularly
described as follows:
).
From the Northwest corner of said Section 32, said corner being on the
centerline of the 120 foot right-of-way of Congress Avenue; thence run
South 01 degrees 23 minutes 24 seconds East, along the West line of said "
Section 32, for a distance of 951.12 feet;. thence run North 87 degrees 40
minutes 08 seconds Bast along a line 951.00 feet South of and parallel
with, as measured at right angles to, the North line of said Section 32,
for a distance of 63.57 feet, to the Point of Beginning of the Parcel of
land hereinafter described; thence continue North 87 degrees 40 minutes 08
seconds Bast, along. the last described course, for a distance of i51.48
feet; thence run North 01 degrees 23 minutes 24 seconds West, along a line
415.00 feet Bast of and parallel with, as measured at right angles to, the
said West line of Section 32, for a distance of 594.08 feet; thence run
South 87 degrees 40 minutes 08 seconds West, along a line 357.00 feet
South of and pa;"allel with, as measured at right ~les to, the said North
line of Section 32, (also being 64.00 feet South of the centerline of
Woolbright Road) for a distance of 117.30 feet; thence run South 0'1
degrees 23 minutes 24 seconds Bast, along a line 297.72 feet Bast of and
parallel with, as measured at right angles to, the said West line of
Section 32, for a distance of 200.00 feet; thence run South 87 degrees 40
minutes 08 seconds West, along a line 556.97 feet South of and parallel
with, as measured at right angles to, the said North line of SectioD 32,
for a distance of 221.75 feet; thence run South 01 degrees 23 minutes 24
seconds East along a. line. 76.00 feet East of and parallel with, ~s
measured at right angles to, the said West line of SectioD 32, for a
distance of 200.00 feet; thence run South 02 degrees 16 minutes 19 seconds
West for, a distance of 194.69 feet, to ~e Point of Beginriing.
I
)-
,....
---....
.'
.,
RECO~ AND RETL...N TO: J (9
WEINER, MORICI & ARONSON PA
102 N SWINTON AVENUE
DELRAY BEACH FL 33444
IEC-12-1997 9:27u 97-4'..3841
ORB 10130.. Pgo903 .
I ..._......'.._
CDn 638,(11).00 Doc. In 466. 00
~m~ 08-43-45-32-00-000-3040
0III*llI 11 TIlf:
Special Warranty Deed
Tbls Ind.eDture, Madetbts 3.0thc1ay of December, 1997 .....D.. Between
WESTLAKE HARDWARE, INC., a corporation existing under the laws of
the state of Delaware
of the Coanly of
BOYNTON SHOPPES, INC.,
the state of Florida
. S.. of Kansas ,grantor, aDd
a corporation existing under the laws of
wholuddrellis: 943 CLINT MOORE ROAD, BOCA RATON, Florida 334.87
Dfthe CoUDty of PALM BEACH Staleot Florida , grantee.
Witnesseth dial lIKl GRANTOR.. for &lid ill ~DlidcutiOD Df the 111m of - - - - - - - - - -
- - - - - - - - - TEN Qc NO I 3. 0 0 ($1 0 . 00 ) - - - - - - - - - - D01J..ARS,
and odIer goo4 aod valuable colISiderlltim 10 GRANTOR In hand paicl by GRANTEE. the receipt whereof ill hen:by ac:knowledlel1. his
8J'RnBI. IIaralilled and sold III the aid GRANTBB and GRANTEE'S IUOCOlIson and as.ips larenr, lite following described laud.
slluall:. Iyq and bem, in the CllUIII.y of PALM 0 BEACH SCIe of Florida III wit:
SEE EXHIBIT "A" ATTACHED HERETO.
Subject to restrictions, reservations and easements of record,
if any, and taxes subsequent to 1997.
Togetber wtdI III 1CDIltIIC1ItlI. IiercdituDoota and IPP\Irlcllll1CC3 tbeRIO belon8ins or ill mywise RPl"'rhIinlng.
To HaTe and to Bold, tho 111M in r.. .... foftver.
And die IlIIXor hereby covenantl wiCb nilt Imnlee tIlar '!'Intor 15 !.Iwrully seized of said land in fee simple; thai grumr bu
goad right U1d lawful authority fD SlID and convey Aid \aDd; thaI gramor lI.reby laDy wamua the tide to said lAnd aDd wlU.
defend tlIe !IDle qainsl the lawful cIIims of aU pclSOllJ claiming by I ducuBh or uDder IlUIClr.
In W ness Whereof, lhe Imnur Ills hereullto ~ their hand and 1M!. dlt ay and year fim lItvwe '!J'Itlen.
ed and de11.ered oW' presence: WESTLAKE HARDWARE, INC.
pr ed Name:
Witness
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p inted ~e: }:y,nn~ "3""
Witness
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By
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(Seal)
STATE OF KANSAS
COUNTY OF jOlw.-oCacn--
1'be foreaolac iutnuDeI1t wu aela1ow"'. before me rills
HOWARD W. ELSBERR.Y . PRESIDENT
WBSTLAKB HAIlDW ARB, n-r
ODb6Wf~,~~~' o.
r DEBRA FROST
i: Notary Publlc-StatQ Of~
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(Co~oJ:;o.t~o. G_~Ql"> ,:.: i ~A. .:
1/ t-J, day of Deceinberl..~99?:.I".~~
BDd ANNE W. ELSBERRY . SBCRETARYoL../~,
. Delaware .~. .:' 00Ip0~., .
Ie) me
bave pmduald lbeit
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Notary Public
n~u,,'&:'!\, .LYlVlUliJ. & A1(U.NMUN PA
. 10~N SWINTON AVENUE
DELRAY BEACH FL 33#.t
1.
ORB if 3P pg 904
" DOROTHY H. wILKt.." CLERK PB COUNTY, Fl
EXHIBrr IIAII
A parcel of land in Section 32, Township 45 South, Range 43 East, City of
Boynton Beach, Palm Beach County, Florida, being more particularly
described as follows:
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From the Northwest corner of said Section 32, said corner being on the
centerline of the 120 foot right-of-way of Congress Avenue; thence run
South 01 degrees 23 minutes 24 seconds East, along the West line of said ,.
Section 32, for a distance of 951.12 feet; thence run North 87 degrees 40
minutes 08 seconds Bast along a line 951.00 feet South of and parallel
with, as measured at right angles to, the North line of said Section 32,
for a distance of 63.57 feet, to the Point of Beginning of the Parcel of
land hereinafter described; thence continue North 87 degrees 40 minutes 08
seconds Bast, along. the last described course, for a distance of 351.48
feet; thence run North 01 degrees 23 minutes 24 seconds west, along a line
415.00 feet Bast of and parallel. with, as measured at right angles to, the
said West line pf Section 32, for a distance of 594.08 feet; thence run
South 87 degrees 40 minutes 08 seconds west, along a line 357.00 feet
South of and parallel. with, as measured at right aIlSles to, the said North
line of Section 32, (also being 64.00 feet South of the centerline of
woolbright Road) for a distance of i17.30 feet; thence run South 01
degrees 23 minutes 24 seconds Bast, along a line 297.72 feet Bast of and
parallel with, as measured at right angles to, the said West line of
Section 32, for a distance of 200.00 feet; thence run South 87 degrees 40
minutes 08 seconds west, along a line 556.97 feet South of and parallel
with, as measured at right angles to, the said North line of Section 32,
for a distance of 221.75 feet; thence run South 01 degrees 23 minutes 24
seconds East along it line. 76 . 00 feet East of and parallel with, ~s
measured at right angles to, the said West line of Section 32, for a
distance of 200.00 feet; thence run South 02 degrees 16 minutes 19 seconds
west for, a distance of 194.69 feet, to ~e Point of Beginning.
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