LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
February 9,2001
Colleen Carey
Interplan PractIce, Ltd.
933 Lee Road, SUIte 120
Orlando, FL. 32810
Re
File No
LocatIOn.
Sonny's Bar-B-Q
CODS 00-007
Outparcel m the Wal-Mart Shoppmg Center to be located South ofthe Steak and
Shake at the southwest comer of Old Boynton Road and Winchester Park Blvd.
Dear Ms. Carey.
Enclosed IS the CIty of Boynton Beach Development Order to construct a dnve-thru restaurant
granted on February 8, 2001
Should you have any questIons regardmg thIs matter, please feel free to contact thIs office at
(561) 742-6260
Smcerely,
/LU2-
Michael W Rumpf
DIrector of Plannmg & Zorung
MWRlvr
1:ISHRDA T A\PlanninglSHAREDI WP\PROJECTSlSonny's Bar-B-Q (COUS)\Dev Order approval (drive-thru restaurant).doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPI\._ ~T ORDER OF THE CITY COMMl...._.ON OF THE
CITY OF BOYNTON BEACH, FLORIDA .
APPLICANT'S AGENT Colleen Carey of Interplan
APPLICANT'S ADDRESS 2001 SE 10. Street, Bentonville AR, 72712-648L.
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION February 06,2001
r tD - 8
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PROJECT NAME Sonny's Bar-B-Q
TYPE OF RELIEF SOUGHT To construct a drive-thru restaurant.
LOCATION OF PROPERTY Outparcel in the Wal-Mart Shopping Center to be located South of the
Steak and Shake at the southwest corner of Old Boynton Road and
Winchester Park Blvd
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows.
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
--L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested
3 The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included"
4 The Applicant's application for relief is hereby
--L GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
J.
This Order shall take effect immediately upon issuance by the City Clerk.
,i Ii Ii
All further development on the property shall be made in accordance w,lth\t~~1~:n~j1$IIII/~
and conditions of this order , <o0'~rR47_ <9~....%
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J:ISHRDATAIPlanningISHAREDIWPlPROJECTSlSonny's Bar-B-Q (COUS)ISonny's Bar a-O.Dev Order.doc
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EXHIBIT "C"
CondItIOns of Approval
~
Project name Sonny's Bar-B-Q
FIle number COUS 00-007
Reference CondItIonal Use/SIte Plan, File # COUS 00-007 wIth a December 19,2000 Plannmg and Zonm!!
D rtm d k
ena ent ate stamn mar mI!.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments,
1 ProvIde a sIgned agreement between Steak & Shake and Sonny s Bar-B-Q
agreemg to the openmg of the vehIcular accessway between the two sItes. If
an agreement cannot be reached, the 10catlOn of the dumpster pad will be
subject to further revIew x
UTILITIES
Comments NONE x
FIRE
Comments.
2. Pnor to constructlOn, a fire hydrant flow test IS reqmred - LDR 6-16 x
POLICE
Comments. NONE x
ENGINEERING DIVISION
Comments.
3 On the Llghtmg Plan add a note that the fixtures shall be controlled by
photoelectnc SWItch and to remam on until 2 a.m. [LDR chapter 23, ArtIcle
II] Also add a note that the hghtmg deSIgn shall prOVIde a mlmmum
average of one-foot candle at ground level. x
BUILDING DIVISION
Comments.
4 If requIred, at tIme of permIt reVIew, prOVIde a completed and executed CIty
unIty of tItle form. The form shall describe all lots, parcels of tracts
combmed as one lot. A copy of the recorded deed With legal descnptlOns of x
each property that IS bemg unified IS reqmred to be submItted to process the
form. The property owner that IS IdentIfied on each deed shall match.
5 At tIme of permIt reVIew, submit a copy of the recorded resolutIon that x
venfies the abandonment of the 30 foot WIde n~ht-of-way or easement.
6. To properly determmed the Impact fees that will be accessed for the one-
ConditIOns of Approval 2nd ReVIew Comments Sonny s Bar-B-Q
01/25/0 I
2
DEPARTMENTS INCLUDE REJECT
story buildmg, the apphcant shall provIde the followmg mformatlOn to the
Palm Beach County Impact Fee Coordmator at 100 Austrahan Avenue,
West Palm Beach, Fl. 33406 SubmIt a notanzed affidaVIt on the letterhead
of the property owner, company or assocIatIOn. The letter WIll hst and must
contam an answer to the followmg queStIons.
a) Will there be any addItIonal dehvenes to the SIte?
b) Will there be any addItIonal employees to mamtam and provIde
servIce to the SIte
Please have the apphcant provIde the CIty WIth a copy of the letter that WIll
be sent to the Impact fee coordmator To allow for an effiCIent permIt
reVIew, the apphcant should request that the county send to CIty a copy of
theIr determmatlOn of what impact fees are reQmred for the buddmg. x
7 At tIme of permIt reVIew, submIt SIgned and sealed workIng drawmgs of the
proposed constructIon. x
PARKS AND RECREATION
Comments. NONE x
FORESTER/ENVIRONMENT ALIST
Comments. NONE x
PLANNING AND ZONING
Comments.
8 IndIcate the Land Use deSIgnatIon of the property under "SIte Data" x
9 IdentIfy the loadmg area on the sIte plan. Loadmg area will be a mmlmum
of 12 feet WIde by 35 feet long. Ifplaced on parkmg spaces, slgnage WIll
specIfy the hours that thIS space IS reserved for loadmg purposes. The
loadmg area may be used for regular parkIng at all other tImes. (LDR x
Chapter 2, Section II.J)
10 Apphcant must submIt a "waIver of plattmg" request. x
11 Entrance drive is measured at 35 feet at the property lme ThIs IS greater
than the 32 feet permItted by Code. Approval of the DIrector of
Development IS reqmred or reduce WIdth to 32 feet or less. (Ch. 23, Art. II,
H.) x
12. ProvIde a standard parkIng space detail showmg all dimensions m
accordance WIth CIty Drawmg No B-90012. x
13 Show on plans and identIfy accordingly, alllandscapmg mcludmg
shrubs/hedge on the subject property, whIch has been mstalled m
conjunctIOn WIth the Wal-Mart sIte plan. ThIS landscapmg shall be
mamtamed. x
14 Change note on plant hst (for Crepe Myrtle) to show mmimum heIght of 12
~
,...,
I'
CondItions of Approva12nd Review Comments Sonny's Bar-B-Q
01/25/01
3
DEPARTMENTS INCLUDE REJECT
feet at tIme of plantmg per CIty code x
15 All reqUIred trees must be 12 feet hIgh and have a three- (3) mch caltper at
tIme of plantmg. ReVIse alllandscapmg notes accordmgly x
16 Wmdows shall change to storm-proofwmdows WIthout muntms whIch will
reduce reSIdentIal appearance and therefore further Improve compatibIlIty of
proJect WIth adJacent commercIal structures. x
17 To maXImIze buiIdmg compatibiltty, project approval shall mclude the
stucco fayade matenal as shown on page "PA3" of those plans date stamped
December 19,2000 x
18 ProvIde cross-access agreement between Steak & Shake and subject
property as mtended by mgress - egress easement shown on the survey x
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments. Sub1ect to staff comments. x
ADDITIONAL CITY COMMISSION CONDITIONS
To be aettll.lu,H...J. AlPN'1" x
MWRlarw
IICHIMAINlSHRDATAIPlanningISHAREDIWP\PROJECTSISonny's Bar-B-O (COUS)ICond. of approval 1-24-01 Sonny's Bar-B-O (COUS)2nd REVIEW COMMENTS .doc
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PREPARED BY AND RETURN TO
MICHAEL A SCHROEDER, ESQ
SCHROEDER AND LARCHE, P A
ONE BOCA PLACE, SUITE 319 ATRIUM
2255 GLADES ROAD
BOCA RATON, FLORIDA 33431-7383
DECLARATION OF EASEMENTS. COVENANTS AND RESTRICTIONS
This Declaration of Easements, Covenpnts and ~strict~ons (the
"Declaration") is entered into this Jl" day of ~u.tH\6UL ,
199B, by and between BILL R WINCHESTER and ELSIE A WINCHESTER
(collectively referred to as "Winchester") and MALL CORNER, INC ,
a Florida corporation ("Mall Corner")
R E C I TAL S
A Winchester is the owner of certain property located in
the City of Boynton Beach, Palm Beach County, Florida, which is
more particularly described on Exhibit "A" attached hereto and is
hereinafter referred to as the "Winchester Property"
B Mall Corner is the owner of certain land located in the
City of Boynton Beach, Palm Beach County, Florida, which is more
particularly described on Exhibit "B" attached hereto and is
hereinafter referred to as the "Mall Corner Property"
C Winchester and Mall Corner have agreed to enter into this
Agreement for the purposes of (i) establishing in favor of the Mall
Corner Property certain rights of ingress, egress and access over,
across and upon the Winchester Property to provide the means for
vehicular and pedestrian ingress to and egress from the Mall Corner
Property utilizing that certain curbcut and median cut on
Winchester Park Boulevard as depicted on the sketch attached as
Exhibit "c" hereto and which is hereinafter referred to as the
"Winchester Park Median CutN, and (ii) establishing certain
restrictions with respect to the use of the Mall Corner propertYJ 1
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0397-003
Page 1 of 7
CHICAGO TITLE ltt::UflMICE COMPArJY
390 N. OnANGt: .u.'h.., sum l~O
DRLANDOL FLORIIJA a2.so],;
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PREPARED BY AND RETURN TO
MICHAEL A SCHROEDER,
SCHROEDER AND LARCHE,
ONE BOCA PLACE, SUITE
2255 GLADES ROAD
BOCA RATON, FLORIDA
ESQ
P A
319 ATRIUM
33431-7383
DECLARATION OF EASEMENTS. COVENANTS AND RESTRICTIONS
This Declaration of Easements, Covenftnts and ~strict~ons (the
"Declaration") is entered into this n- day of ~o..lN\{)OL ,
1998, by and between BILL R WINCHESTER and ELSIE A WINCHESTER
(collectively referred to as "Winchester") and MALL CORNER, INC ,
a Florida corporation ("Mall Corner")
R E C I TAL S
A Winchester is the owner of certain property located in
the City of Boynton Beach, Palm Beach County, Florida, which is
more particularly described on Exhibit "A" attached hereto and is
hereinafter referred to as the "Winchester Property"
B Mall Corner is the owner of certain land located in the
City of Boynton Beach, Palm Beach County, Florida, which is more
particularly described on Exhibit "B" attached hereto and is
hereinafter referred to as the "Mall Corner Property"
C Winchester and Mall Corner have agreed to enter into this
Agreement for the purposes of (i) establishing in favor of the Mall
Corner Property certain rights of ingress, egress and access over,
across and upon the Winchester Property to provide the means for
vehicular and pedestrian ingress to and egress from the Mall Corner
Property utilizing that certain curbcut and median cut on
Winchester Park Boulevard as depicted on the sketch attached as
Exhibit "C" hereto and which is hereinafter referred to as the
"Winchester Park Median Cut", and (ii) establishing certain
restrictions with respect to the use of the Mall Corner propertYJ1
~-,I-'~
0397-003
Page 1 of 7
CHICAGO TITLE m:;URM!CE COMPArJY
390 N. OnANGt: A'h.., :;UIlE ltiO
ORLAN DOL fLORIUA a2801.
~.
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NOW, THEREFORE, in consideration of Ten Dollars ($10 00) and
other good and valuable considerations, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows
1
Recitals
The foregoing Recitals are true and correct
2 Inaress. Earess and Access Easement Winchester hereby
grants, bargains, sells and conveys to and in favor of the Mall
Corner property a perpetual, nonexclusive easement over, above,
along and through the Winchester Property for the following
purposes
A Ingress to and egress from the Mall Corner Property
utilizing the Winchester Park Median Cut with such easement running
in favor of the Mall Corner Property, its owners, their respective
heirs, successors, grantees, mortgagees, tenants and subtenants and
all persons who now own, or hereafter own, or hold, any interest in
the Mall Corner Property, or any leasehold estate or other interest
therein or building space thereon and their respective tenants or
subtenants, officers, directors, concessionaires, employees,
customers, visitors, licensees and invitees of any of them
3 Construction of Roadway
A The Winchester Property is currently undeveloped
Should the owner of the Mall Corner Property, prior to development
of the Winchester Property, wish to exercise its easement rights as
herein created, it may, at its sole cost and expense, construct
within the Winchester Property such roadway and roadway related
improvements as may be required or authorized by governmental
authority for that purpose The plans and specifications for such
improvements shall be subject to the prior written approval of the
owner of the Winchester Property subject to such owners' relocation
rights set forth in paragraph 5 below, which approval shall not be
unreasonably withheld or delayed
B Should any person or entity providing labor,
services or materials in conjunction with such construction or
development file a lien against the Winchester Property or any
portion thereof, the owner of the Mall Corner Property, for whom
the work was being performed, shall indemnify and hold harmless the
owner of the Winchester Property from and against any and all such
liens and related claims and shall, no later than five (5) days
after written notice thereof, cause any claim of lien to be
satisfied or transferred to bond ~ 'tr//I
0397-003
Page 2 of 7
4 Indemnification The owner of the Mall Corner Property,
its successors and assigns, shall likewise indemnify, defend and
hold harmless the owners of the Winchester Property and their
respective partners, employees, agents, successors and assigns from
and against any and all claims, actions, damages, fines,
liabilities, cost and expense, including but not limited to
reasonable attorneys' fees, whether incurred at trial, on appeal,
or in conjunction with any bankruptcy or post judgment proceedings,
which may be imposed upon, asserted against or incurred by any of
them for loss of life, personal injury and/or property damage which
may arise out of or in conjunction with such construction or the
operation, maintenance and use of the easement or the exercise by
the owner of the Mall Corner Property of its easement rights as
established by this Declaration
astun\~'t~e:"'. The owner of the Winchester
.ay~ "iri""'''''it-s t.s'H1-'e"''': scretion, elect to relocate the
egress, access easement at any time Such relocation
shall be at the then Winchester Property owner's sole cost and
expense and shall comply with all requisite requirements of
government authority Such relocation shall not materially
interfere with ongoing business operations upon the Mall Corner
Property and must provide for the easement to connect to the
twenty-five (25') foot driveway on the Mall Corner Property at the
location depicted on Exhibit "C" In the event of such relocation,
the owners of the Winchester Property and Mall Corner Property
shall execute an amendment of this Agreement confirming the
relocation of the easement and establishing its new location The
relocated easement shall be nonexclusive nature and the fact that
the owner of the Winchester Property wishes to establish and define
the easement as an easement over roadways and drives, as from time
to time exist on the Winchester Property shall not be a basis for
objection so long as commercially reasonable access to and the use
and benefit of the Winchester Park Median Cut for the benefit of
the Mall Corner Property is maintained and provided
6 Attorneys' Fees In conjunction with any litigation
arising out of or concerning this agreement, the prevailing party
shall be entitled to recover all reasonable attorneys' fees and
costs incurred, whether incurred before, during or after trial, on
appeal or in conjunction with any post judgment, administrative or
bankruptcy proceedings
7 Mall Corner Property Restriction At no time shall there
be erected or exist upon the Mall Corner Property any building or
structure of more than one story or which exceeds twenty-two (22')
feet in height as measured from the mean finished elevation of the
!I~1eMV
0397-003
Page 3 of 7
parking areas upon that property as approved by applicable
government authority
8 Maintenance The owner of the Mall Corner Property shall
maintain any improvements it may cause to be constructed pursuant
to paragraph 3 A above in good repair and condition at all times
From and after the relocation of the ingress, egress, access
easement by the owner of the Winchester Property as contemplated by
paragraph 5 or the development and use by any owner, other than
Winchester, of that portion of the Winchester Property over which
the easement area is located, whichever shall first occur, the
maintenance and repair of the easement area as so relocated shall
be the prorata responsibility of the owner(s) of that portion of
the Winchester Property over which the easement area is located and
the owner of the Mall Corner Property
9 Insurance The owners of the Mall Corner Property and
the Winchester Property shall at all times maintain comprehensive
general liability insurance in an amount of not less than One
Million Dollars ($1,000,000 00) with respect to bodily injury or
death and at least Five Hundred Thousand Dollars ($500,000 00) with
respect to property damage and shall, upon request, provide the
other property owner with a certificate of insurance evidencing the
existence of such coverage To be in compliance with the
requirements of this provision, the certificate of insurance must
further provide assurance that the policy and coverage evidenced
thereby will not be canceled or modified without the other property
owner having first been provided with at least thirty (30) days
prior written notice During any period that the owner of either
Property have a net worth in excess of Seventy-Five Million Dollars
($75,000,000 00)/ said owner shall have the right to self-insure
10 Limitation of Lien Rights Notwithstanding anything to
the contrary herein contained, no interest of the Winchester
Property owner in or with respect to the Winchester Property shall
in any manner be subject to any lien, claim, demand or imposition
under the construction lien laws of the State of Florida or
otherwise with respect to any improvement, labor, material or
services rendered at or upon the Winchester Property by or at the
request of the owner of the Mall Corner Property, it being
understood that any such lien may only attach to the interest of
the owner of the Mall Corner Property as created and established by
this Declaration
11 Amendment This Declaration may only be modified or
amended, in whole or in part, by written instrument executed by th~
owners of the Mall Corner Property and Winchester Property 4~ '1 &+W
0397-003 Page 4 of 7
12 Enforcement
A The right to enforce the terms, covenants and
provisions of this Declaration shall belong only to the owners of
the Mall Corner Property and the Winchester Property and their
respective mortgagees
B In the event of any violation or threatened
violation or any of the terms, restrictions or covenants provided
herein, any person or entity entitled to enforce this Declaration
will have, in addition to the right to collect damages, the right
to enjoin such violation, or threatened violation, in a court of
competent jurisdiction
C The performance of any act or obligation of any
party is prevented or delayed by Act of God or labor disputes or
other cause or causes beyond the reasonable control of such party
at the time for the performance of the act or obligation will be
extended for the period of such act or performance is delayed or
prevented by any such cause
D It is expressly agreed that no future violation of
this Declaration will terminate the Declaration, but this
limitation will not affect, in any manner, any other rights or
remedies for a breach of this Declaration
E The specified remedies to which any person or entity
entitled to enforce this Declaration may resort, under the terms
hereof, are cumulative and are not intended to be exclusive to any
other remedy or means of redress to which any person or entity
entitled to enforce this Declaration may be lawfully entitled in
case of any breach or threatened breach of any provision hereof
Failure to insist upon the strict performance of any of the
covenants of this Declaration or to exercise any remedy herein
contained shall not be construed as a waiver or a relinquishment
for the future of such covenant or remedy
13 Use Restrictions With Respect to Mall Corner Property
No bowling alley, skating rink, billiard parlor, nightclub or other
similar place of recreation or amusement, or any business selling
alcoholic beverages shall occupy the Mall Corner Property, without
the prior written consent of the owner of the Winchester Property,
provided, however, that the foregoing shall not prohibit the sale
and service of alcoholic beverages in a restaurant incidental to
the sale and service of food, or for off premises consumption as an
incidental part of any otherwise permitted use such as (without
limitation) a convenience store, supermarket or grocery store o~
ftt~41
0397-003
Page 5 of 7
drug store In addition to the foregoing, no portion of the Mall
Corner Property may ever be used for any of the following uses
whatsoever (a) an adult type bookstore or other establishment
selling or exhibiting pornographic materials; (b) a massage parlor;
(c) a mortuary; (d) a mobile home or trailer court, labor camp,
junk yard or stock yard; or (e) a land fill, garbage dump or for
the dumping, disposing, incineration or reduction of garbage The
parties recognize that said businesses may inconvenience the
customers of the Winchester Property and adversely affect the
business being conducted by the owner of the Winchester Property
14 Not a Public Dedication Nothing contained in this
Declaration shall be deemed to be a gift or dedication of any
portion of the Winchester Property to the general public or for the
general public or for any public purpose whatsoever, it being the
intention of the parties that this Declaration will be strictly
limited to and for the purposes herein expressed
15 Covenants Running With the Land The terms, conditions,
covenants, rights and obligations created by or set forth in this
Declaration shall run with the Winchester Property and the Mall
Corner Property, as the case may be, and inure to and be for the
benefit of the Mall Corner Property owner and the Winchester
Property owner and their respective heirs, personal
representatives, successors, assigns, employees, agents, invitees,
guests, tenants, and their tenants' respective successors, assigns,
employees, agents, invitees, guests and subtenants /,11 t:ftJ
Signed, sealed and delivered ~
in the presence of /lc-'/l: /J _
'~/6X-~.K~ /~< ~J/;;t
BILL R WINCHESTER
a. i2-ID^J -.S2ua IV s..c rJ
Printed Name of Witness
,z./ -/
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t->rJ/,/j vu /J?u,1),)e~
Printed Name of Witn ss
~")'~'t IlS/Ao..- ~-ztAv'.)..e}<-
MCu?-I"~ S~~N.3 v,J
Printed Name of Witness
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0397-003 ?o".J7 L.-V /?/ddA/Q7 Page 6 of 7
,
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ELSIE A WINCHES'ER
'~/'-'" 4~,,~
tLe, c A.> S i.U a.. AJ-s ~.oJ
Print Name of Witness
BY
ITS
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-,;i/., ..,7 //C)d/JC'''''
Print Name of Witness
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH)
~e foregoing instrument was acknowledged before me
2f/.L.!.Af-.ntttA / , 1998, by BILL R WINCHESTER and
. INCHESTER, ~ho are personally known to me\have produced
-- --- ---------n---asldentlfication
on /7 r/.. h
ELSIE A
J(,
~,\\\,"I,',.,,;I. otary
. 0_ .;b"" ,,{\ :II/.
My Commission Explres ~~\y.~", 'if?~Ir.;;'~
My Commission Number~~!l~~ ?~
1 .... c:..t! R, . ""
My Notary Sea ~ :~!'..~ '<'no ~'.. OS:
:: .~ 2f "V <p. ::::
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STATE OF FLORIDA ;}~ ~ ICC655977 :;!~
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COUNTY OF PALM BEACn'~~'.. ):6'0 ......\\\\"~.. "rff~
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BEFORE ME the unab~ffJ~g~~~~~thority, thls ~ day of~_.~~~~~/
, 199~L.R~_;-S9.!!ct~I!!~"~EI2~ared~ILL R WINCHESTER, as VICE
PRESIDENT, of MALL CORNER, INC / a Florida corporation, on behalf
of the Corporation, who is personally known to me or has supplied
as identification
\"\\\\1,,,,,,",,1. -
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My Commission Exp~e~i~\~~s~4~
My Commission Nu.r...~&~tR6<'~~~7
My Notary Seal ~*: c..... :*~
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0397-003 12/03/98 SJ)
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0397-003
Page 7 of 7
EXHIBIT "A"
The South 320 feet of Lot 42, Subdivision Section 19, Township 45
South, Range 43 East, recorded in Plat Book 7, Page 19, of the
Public Records of Palm Beach County, Florida ~~ ~
EXHIBIT "BII
MALL CORNER PARCEL
A Portion of Lot 42, of SUBDIVISION OF SECTION 19, Township 45
South, Range 43 East, as recorded in Plat Book 7, at Page 19,
of the Public Records of Palm Beach County, Florida, less the
South 320 00 feet and less the North 20 00 feet for road
right-of-way and being more particularly described as follows
Commencing at the Northeast corner of said Lot 42; thence run
along the East line of said Lot 42 on an assumed bearing of
South 01006'03" East a distance of 20 00 feet to a point of
intersection of the South right-of-way line of Old Boynton
Road and the West right-of-way line of Winchester Park
Boulevard as now exists, said point also being the Point of
Beginning; thence continue South 01006'03" East along the said
West right-of-way line of Winchester Park Boulevard a distance
of 243 08 feet; thence South 88009 I 06" West a distance of
307 55 feet to a point along the West line of said Lot 42,
thence North 01000 I 33 II West along the West line of said
Lot 42, a distance of 124 60 feet, thence North 89050'1611 East
a distance of 139 90 feet; thence North 01000 '33 II West a
distance of 127 53 feet to a point on the said South right-of-
way line of Old Boynton Road; thence North 89050'16" Est along
the said South right-of-way line a distance of 167 26 feet to
the Point of Beginning,
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LEGAL DESCRIPTION of 0 Ingress and Egress Easement:
A portion of Lot 42 of Subdivision Section 19. Township 45 South, Range 43
East os recorded in Plat Book 7. Page 19, of the Public Records of Palm Beach
County, Florida, being more particularly described os follows:
Commence at the Northeast comer of said Lot 42 and run South 01'06'03" East
along the East line of said Lot 42. also being the West right of way line of
Winchester Park Boulevard, a distance of 263.08 feet; thence run South
8B"09'OEr West, a distance of 35.00 feet to the Point of Beginning of this
easement: thence continue South 8fr09'06'" West, a distance of 25.00 feet:
thence run South 01'06'03" East, a distance of 7.05 feet to a point of
curvature of a curve to the right. having a radius of 1981.31 feet: thence run
Southerly-, along the arc of said curve 290.72 feet, through a central of
Ofr24'25" to a point: thence run South 8Z 41'38"' East, a distance of 60.00
feet to a point on the aforementioned West right of way line of Winchester
Park Boulevard. said point being on a curve to the left, having a radius of
2041.31 feet and whose radius point lies North 8T 41'38' West of said point;
thence run Northerly, along said West right of way line and the arc of said
curve 74 16 feet. through 0 central angle of OT04'5+" to a point; thence
run North 8+"46'32" West, a distance of 35.00 feet to a point on a curve to
the left, having a radius of 2006.31 feet and whose radius point lies North
84"46'32" West from said point: thence run Northerly along the arc of said
curve 221 49 feet to the point of tangency: thence run North 01"06'03"' West,
a distance of 7.37 feet, through a central angle of 06"19'31" to the Point
of Beginning, containing 0.231 acres, more or less.
SEE SHEET 1 OF 2
FOR SKETCH
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OLD BOYNTON ROAD /POINT OF COMMENCEMENT
.. / NE CORNER OF LOT 42
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LINE TABLE
L1 S.BB"09'06"W., 35.00'
L2 S.01'OS'03"E., 7 05'
L3' 5.B2" 41'38" E., 60.00'
L4 N.B4'46'32"W., 35.00'
L5. N,Ol'06'03"W., 7,37'
CURVE DATA
C1
RADIUS = 1981.31'
DELTA = OB'24'25'"
ARC = 290.72'
C2
RADIUS = 2041.31'
DELTA = 02'04'54'"
ARC = 7416'
C3
RADIUS = 2006.31'
DELTA = 06"19'31'"
ARC = 221 49'
POINT OF BEGINNING
35'
SEE SHEET 2 OF 2
FOR LEGAL DESCRIPTION
RECEIVED NOV 0 9 1998
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