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LEGAL APPROVAL - o filE CGPY Return to: (enclose self-addressed stamped envelope) City Attorney City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL This Instrument Prepared by: Susan P. Motley, Esq. Ruden, McClosky, Smith, Schuster & Russell, P A. 200 East Broward Boulevard Suite 1500 Fort Lauderdale, Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING DA T A SPACE ABOVE THIS LINE FOR PROCESSING DA T A NOTICE OF WAIVER OF PLATTING WHEREAS, W AL-MART STORES EAST, INC. ("Wal-Mart"), an Arkansas corporation, holds fee simple title to a certain parcel of real property located in the City of Boynton Beach ("City"), in Palm Beach County, Florida ("Undivided Wal-Mart Parcel"), more particularly described on Exhibit A attached hereto; and WHEREAS, MARTIN'S BBQ, INC., d/b/a Sonny's Barbeque ("Sonny's"), a Florida corporation, is the contract purchaser of a portion of the Undivided Wal-Mart Parcel ("Sonny's Parcel"), more particularly described on Exhibit B attached hereto; and WHEREAS, the City of Boynton Beach ("City") has approved the site plan related to the construction of a "Sonny's Barbeque" restaurant on the Sonny's Parcel; and WHEREAS, the Land Development Regulations, City of Boynton Beach, Florida ("City Code"), Chapter 5, Article II, Section 1, provides for the waiver of platting; and WHEREAS, Wal-Mart and Sonny's have applied for such waiver of platting; and WHEREAS, the Director of Development Services has determined that the application qualifies for a waiver of platting under Chapter 5, Article II, Sections 1.A.3 and 1.B due to the improvements and dedications existing on the land being substantially in accordance with the requirements of the chapter and waiving platting does not conflict with the purpose and intent of the chapter, and the resubdivision of the land is of such simplicity as to justify the waiving of the platting; and WHEREAS, no dedications to the City of Boynton Beach are required because the dedications made previously satisfy the City's requirements. FTL:767988:1 e e KNOW ALL MEN BY THESE PRESENTS that the Director of Development and Planning Director have determined that the application to waive the platting requirement for the division of the Sonny's Parcel from the Undivided Wal-Mart Parcel, as described above, meets the requirements set forth in the City Code, Chapter 5, Article II, Section 1.A.3 and 1.B, and the application has been approved by Quintus Greene, Director of Development, as indicated by his signature affixed below. The City has approved the removal of the Sonny's Parcel from the Undivided Wal- Mart Parcel, to create the "Remaining Wal-Mart Parcel," more particularly described in Exhibit ~ attached hereto. The requirement of platting the Remaining Wal-Mart Parcel or the Sonny's Parcel has hereby been waived. [intentionally left blank] FTL:76798S:1 Page 2 of3 e o CONFIRMED this z~ day of A--PR-l L 2001 by Quintus Greene, Director of Development, and approved for recording by Mayor Gerald Broening upon the recommendation of the Director of Development and approval of the City Attorney, City of Boynton Beach, Florida. Cd1~ &J Witness signature LIAS/A 0ALAV Witness name printed Quintus Gr~~pment ~tlu~~ J!:JB ~ 4 N NIT S'MfA- WItness arfte printed ~!dt~ --- STATE OF FLORIDA ) ) SS PALM BEACH COUNTY ) The foregoing instrument was acknowledged before me this .j!J /rPG a of ~~ 2001 by Quintus Greene and Mayor Gerald Broening ho are personally IT wn to ~r who have produced as identification. Commission No. ~~/t( A. Phd~ NOTARY PUBLIC A.~~y "va Barbara M. Madden ~ 'f,Commission 11 CC 7 7 . Type or print <f>. : ~ Expires July 19.2002 "f) ~ BONDED THRU .F t\l ATLANTIC BONDING CO.. INC. My commission expires: FTL:76798R:l Page 3 of3 e -- EXHIBIT "A" LEGAL DESCRIPTION (UNDIVIDED WAL*MART PARCEL): A portion of SECTIONS 19 and 3D, TOWNSHIP 45 SOUTH, RANGE 43 EAST. Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of said SECTION 19. TOWNSHIP 45 SOUTH, RANGE 19 EAST; run thence S.S7"32'52"W along the South line of said Section 19, a distance of 1 095.22 feet to a point on the Westerly Right-oF-Way line of Winchester Park Boulevard, as described in Official Records Book 5356, Page 806, of the Public Records of Palm Beach County, Florida; thence 5.0101 B'43"E along said Westerly Right-at-Way line of Winchester Park Boulevard, a distance of 25.00 feet to the POINT OF BEGINNING; thence S.87"32'52"W, a distance of 548.67 feet along the South Right-of-Way line of that certain 25 foot road right-of-way as shown on the Plat of PALM BEACH FARMS COMPANY PLAT NO.8, according to the plat thereof, recorded in P~at Book 5, Page 73, of the Public Records of Palm Beach County, Florida: thence N.01003'3S"W., a distance of 12.50 feet to a point on the centerline of said 25 foot road right-oF- way: thence SS7"32'52"W along said centerline. a distance of 320.68 feet; thence N00049'48"W, a distance of 12.50 feet to the Southeast corner of Tract 52, subdivision of SECTION 19, TOWNSHIP 45 SOUTH. RANGE 43 EAST, according to the plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida; thence SS7"32'S2"W along the South line of said Tract 52, a distance of 62S.29 feet; thence NOOo38"54"W, a distance of 330.S7 feet to a point on the South line of Tract 51 of said subdivision of SECTION 19, TOWNSHIP 45 SOUTH. RANGE 43 EAST; thence S8r33'S6'W along said South line of Tract 51, a distance of 15.01 feet to the Southwest corner of said Tract 51: thence NOo038'54"W along the West line of said Tract 51 and the East Right-oF-Way of Knuth Road, a distance of 330.88 feet to the Northwest corner of said Tract 51; thence N8r34'23"E along the North line of said Tract 51, a distance of 313.09 feet to the Southwest corner of Tract 47 of said subdivision of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST; thence N.00044'20"W along the West line of said Tract 47, a distance of 612.45 feet to a point on the South Right-of-Way line of Old Boynton Road; thence N89050'04"E along said South Right-of-Way line of Old Boynton Road, a distance of 961.18 feet to a point on the East line of said Tract 45; thence S01 oDO'33"E along the East line of said Tract 45, a distance of 127.55 feet; thence N89"50'16"E, a distance of 119.91 feet; thence S01 DOO'33"E, a distance of 121.95 feet to a point on the North line of the South 320.00 feet of said Tract 42; thence N88009'06"E along the North line of the South 320.00 feet of said Tract 42, a distance of 217.61 feet to a point on the Westerly Right-of-Way line of the aforementioned Winchester Park Boulevard; thence S01 006'06"E along said Westerly Right-of-Way line, a distance of 7.30 feet to a point of curvature of a curve to the right; thence 456.62 feet afong the arc of said curve having a radius of 2041.31 feet, a central angle of 12"4S'59", and a chord of 455.67 feet which bears S05D18'24'W to a point of reverse curvature of a curve to the fef!; thence 523.38 feet along the arc of said curve having a radius of 2301.99 feet, a central angle of 13001'36" and a chord of 522.25 feet which bears S05"12'05"W; thence continuing along said Westerly Right-oF-Way line of Winchester Park Boulevard, S01 "18'43"E, a distance of 27.21 feet to the POINT OF BEGINNING. Said parcel contains 39.5367 acres (1, 722,217 square feet) more or less. -- - EXHIBIT liB" LEGAL DESCRIPTION (SONNY'S PARCEL): A portion of Tract 42 and the vacated road of Subdivision of the Southeast X of Section 19, Township 45 South, Range 43 East, according to the map or plat thereof, as recorded in Plat Book 7, Page 19 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the intersection of the South Right-of-Way line of Old Boynton Road and the West Right-of-Way line of Winchester Park Boulevard; thence along said West Right-of-Way line of Winchester Park Boulevard, S01006'03"E, a distance of 243.08 feet to the POINT OF BEGINNING; thence continue S01 006'03" E, a distance of 7.83 feet to a point of curvature of a curve to the right; thence 193.50 feet along the arc of said curve having a radius of 2041.31 feet, a central angle of OS02S'S2" and a chord of 193.42 feet. which bears S01 o36'55"W; thence leaving the West Right-of-Way line of Winchester Park Boulevard, S5805T39"W, a distance of 40.00 feet; thence N89059'15'W, a distance of 294.06 feet; thence along the East boundary line of Tract 45, N01 oOO'33"W, a distance of 335.92 feet; thence N89050'16"E, a distance of 119.91 feet; thence S01 oOO'33"E, a distance of 121.95 feet; thence N88009'OS"E, a distance of 217.64 feet to the POINT OF BEGINNING. Containing 1.9884 acres or 86,615 square feet, more or less. e EXHIBIT "C" Page 1 of 2 - LEGAL DESCRIPTION (REMAINING WAL -MART PARCEL): A portion of SECTIONS 19 and 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, Palm Beach County, Florida. being more particularly described as follows: Commence at the Southeast corner of said SECTION 19, TOWNSHIP 45 SOUTH, RANGE 19 EAST; run thence S.87"32'52'W along the South line of said Section 19, a distance of 1095.22 feet to a point on the Westerly Right-of-Way line of Winchester Park Boulevard, as described in Official Records Book 5356, Page 806, of the Public Records of Palm Beach County, Florida; thence S.01018'43"E along said Westerly Right-of-Way line of Winchester Park Boulevard, a distance of 25.00 feet to the POINT OF BEGINNING; thence S.87032'52"W, a distance at 548.67 feet along the South Right-of-Way line of that certain 25 foot road right-of-way as shown on the Plat of PALM BEACH FARMS COMPANY PLAT NO.8, according to the plat thereof, recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida; thence N.01 003'58"W., a distance of 12.50 feet to a point on the centerline of said 25 foot road right-ot- way: thence SSr32'52"W along said centerline, a distance of 320.68 Feet; thence NOo049'48"W, a distance of 12.50 feet to the Southeast corner of Tract 52, subdivision of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida; thence S8r32'52"W along the South line of said Tract 52, a distance of 628.29 feet; thence NOoo38"54"W, a distance of 330.B7 feet to a point on the South line of Tract 51 of said subdivision of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST; thence SB7"33'56"W along said South line of Tract 51, a distance of 15.01 feet to the Southwest corner of said Tract 51; thence NOo038'54"W along the West line of said Tract 51 and the East Right-of-Way of Knuth Road. a distance of 330.88 feet to the Northwest corner of said Tract 51; thence N87"34'23"E along the North line of said Tract 51, a distance at 313.09 feet to the Southwest corner atTract 47 of said subdivision of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST; thence N.OO~44'21"W along the West line of said Tract 47, a distance of 612.44 feet to a point on the South Right-of-Way line of Old Boynton Road; thence N89050'16"E along said South Right-of-Way line of Old Boynton Road, a distance of 961.18 feet to a point on the East line of said Tract 45; thence S01 OOO'33"E along the East line of said Tract 45, a distance of 127.55 feet; thence NB9050'16"E, a distance of 119.91 feet; thence S01000'33"E, a distance of 121.95 feet to a point on the North line at the South 320.00 feet of said Tract 42; thence NB8D09'OS"E along the North line of the South 320.00 feet ot said Tract 42, a distance of 217.64 feet to a point on the Westerly Right-of-Way line of the aforementioned Winchester Park Boulevard; thence S01006'06"E along said Westerly Right-at-Way line, a distance of 7.83 feet to a point of curvature of a curve to the right; thence 456.62 feet along the arc of said curve having a radius of 2041.31 feet, a central angle of 12048'59", and a chord of 455.67 feet which bears S05018'23"W to a point of reverse curvature of a curve to the left; thence 523.38 feet along the arc of said curve having a radius of 2301.99 feet. a central angle of 13001'36" and a chord of 522.25 feet which bears S05'12'05"W; thence continuing along said Westerly Right-of-Way line of Winchester Park Boulevard, S01018'43"E, a distance of 27.21 Feet to the POINT OF BEGINNING. Less and except the following described parcel A portion of Tract 42 and the vacated road of Subdivision~f the Southeast X of Section 19, Township 45 South, Range 43 East, according to the map or plat thereof, as recorded in Plat Book 7, Page 1 9 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the intersection of the South Right-of-Way line of Old Boynton Road and the West Right-oF-Way line of Winchester Park Boulevard; thence along said West Right-of-Way line of Winchester Park Boulevard, S01 006'03"E, a distance of 243.08 feet to the POINT OF BEGINNING; thence continue S01 006'03" E, a distance of 7.83 feet to a point of curvature of a curve to the right; thence 193.50 feet along the arc of said curve having a radius of 2041.31 feel, a central angle of 05025'52" and a chord of 193.42 feet, which bears S01 036'55"W; thence e e EXHIBIT "e" Page 2 of 2 leaving the West Right-of-Way line of Winchester Park Boulevard, S58057'39"W, a distance of 40.00 feet; thence N89059'15"W, a distance of 294.06 feet; thence along the East boundary line of Tract 45, N01 oOO'33"W, a distance of 335.92 feet; thence N89050'16"E, a distance of 119.91 feet; thence 801 oOO'33"E, a distance of 121.95 feet; thence N8Bo09'08"E, a distance of 217.64 feet to the POINT OF BEGINNING. Said parcel contains 37.5483 acres (1,635,602 square feet) more or less.