CORRESPONDENCE
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Return to: (enclose self-addressed stamped envelope)
~CQ)LP~
City Attorney
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL
Yo ~ 05J61/01
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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 LL"lE FOR PROCESSING DATA
-
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~~
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NOTICE OF WAIVER OF
WHEREAS, WAL-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 theapplication
qualifies for a waiver of platting under Chapter 5, Article II, Sections 1.A.3 and l.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
TRANSMITTAL
-
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CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
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PLANNING AND ZONING DIVISION
to:
fax #:
date:
from:
re:
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pages:
Pfanning and Zoning Division
Cicy of Boynton Beach
Boynton Beach. Rorida ]]425
742-6260
Fax: 742-6259
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Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P,O, BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
To:
Fax #:
Date:
From:
Re:
Angelena May, Kimley Horn (Vera Beach)
561-562-9689
May 1,2001
Lusia Galav, Principal Planner
Wal Mart Waiver of Platting
Pages:
8
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
l
TRANSMISSION VERIFICATION REPORT
J
TIME 05/01/2001 09:33
NA~1E BOYNTON BEACH P & Z
FAX 5613755259
TEL 5613756250
DATE, TIME
F A>< NO. mAME
DURATION
F'AGE(S)
RESULT
MODE
05/01 09:29
91551562968922567
80:03:34
08
OK
STANDARD
ECM
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
MEMORANDUM NO. 01-078
',lE COpy
TO: Quintus Greene
Development Department Director
FROM: Lusia Galav
Principal Planner
DATE: April 24, 2001
SUBJECT: Wal-Mart Waiver of Plat Request
ADAP 01-002
Pursuant to Chapter 5, Article II, Sec. 1 Waivers, the enclosed information represents the
request for waiver of plat for Wal-Mart. Attached for your review is a copy of the letter
of request dated January 29,2001; a copy of the engineering comments; survey drawings
and the original Notice of Waiver of Platting legal document.
The format is the same as for Hampton Inn's plat waiver. I believe you sign the
document, the mayor signs and it is returned to the applicant. The contact person for this
plat waiver is Angelena May, Kimley-Horn and Associates 561-562-7981. She has
indicated to me that Wal-Mart needs this for a closing this Friday. I just received the
"Notice of Waiver of Platting" document on Friday, 4-20-01.
Attachments
CC. Mike Rumpf, Planning and Zoning Director
Dave Kelley, Civil/Utility Engineer
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
MEMORANDUM NO, 01-078
o
TO:
Quintus Greene
Developmen~.De . art. ment Director
Lusia Galav
Principal PIa ~
FROM:
DATE: April 24, 2001
SUBJECT: Wal-Mart Waiver of Plat Request
ADAP 01-002
Pursuant to Chapter 5, Article II, Sec. 1 Waivers, the enclosed information represents the
request for waiver of plat for Wa1-Mart. Attached for your review is a copy of the letter
of request dated January 29,2001; a copy of the engineering comments; survey drawings
and the original Notice of Waiver of Platting legal document.
The format is the same as for Hampton Inn's plat waiver. I believe you sign the
document, the mayor signs and it is returned to the applicant. The contact person for this
plat waiver is Angelena May, Kimley-Hom and Associates 561-562-7981. She has
indicated to me that Wal-Mart needs this for a closing this Friday. I just received the
"Notice of Waiver of Platting" document on Friday, 4-20-01.
Attachments
CC. Mike Rumpf, Planning and Zoning Director
Dave Kelley, Civil/Utility Engineer
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RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSELL, RA.
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
ATTORNEYS AT LAW
(954) 761-2913
FAX: (954) 333-4113
GZF@RUDEN.COM
April 19, 2001
Via Facsimile and U.S. Mail
Ms. Lusia Galav
Principal Planner
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Facsimile: (561) 742-6259
Re: Wal-Mart Supercenter/Sonny's outparcel
Notice of Waiver of Platting
Dear Ms. Galav:
Per our discussion yesterday, I am enclosing for your immediate review the Notice of
Waiver of Platting referenced above. If, upon reviewing same, you have any questions or
comments, please do not hesitate to call.
Thank you for your attention to this matter.
Sincerely,
,/
RUDEN, McCLOSKY, SMITH, SCHUSTER &
RUSSELL, P.A.
~
Genevre Ferrero
Enclosure
cc: Susan P. Motley, Esq. (w/encl.)
Ms. Angelina May (w/enc1.)
FTL:772619:1
FORT LAUDERDALE-MIAMI- NAPLES-PORT ST. LUClE-SARASOTA-ST. PETERSBURG-TALLAHASSEE-TAMPA-WEST PALM BEACH
.4 - q-,.) I ;5:.?, r.",1; ;:::':~kS.sP c: :__ 186
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RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSELL, RA.
JOO EAST BROWARD BOULEVARD
FORT lAUDERDALE. FLORIDA 33301
POST OFFICE BOX 1900
FORT LAuDERDALE, FLORIDA 33302
ATTORNEYS AI LAW
(954) 761.2913
fAX, (954) 333-4113
GZF@RUDEN.COM
FACSIMILE COVER SHEET
DA TE:
April 19, 2001
FROM:
Genevre Ferrero
FILE NO,:
19583-0049
NUMBER OF PAGES:
9
(Including this Cover Page)
Ifthere are any problems or complications, please notify us immediately at (954) 764-6660.
TO:
Ms. Luisa Galav
COMPANY:
City of Boynton Beach
FAX NO.:
(561) 742-6259
icliivIMENTS:
THE INFORMAHON CaNT AlNED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDl:'NTIAL
INFORMATION INTENDED ONLY FOR THE USE OF 1HE INDIVlDU AL OR EN'l1TY NAMED ABOVE. IF THE READER OF THIS
MESSAGE IS Ncyr THE mTENDfD RECIPIENT, YO\) ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (IF LONG DISTANCE, PLEASE CALL COLLECT) AND RETURN THE
ORICHNAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE US.POSTAL SERVICE. THA?-IK YOU,
,~')-~,':; ,~,: 3; Pi..'" P\I\SS.P F i'-:.... ., ,9.6
;?34 764 4991'3
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RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSELL, RA.
200 EAST BROWARD BOULEY ARD
FORT LAUDfRDALE, FLORIDA 33301
POSTOFFIG BOX 1900
FORT LAUDERDALE, FLORIDA 3330;>
ATTORNEYS AT LAW
(954j 761..2913
FAX: (954) 333-4113
GZF@RUDEN.COM
April 19, 2001
Via Facsimile and U.S Mail
Ms. Lusia Galav
Principal Planner
City of Boynton Beach
P.o. Box 310
Boynton Beach, Florida 33425-0310
Facsimiie: (561) 742-6259
Re: \Val-Mart Supercenter/Sonny's outparcel
Notice ofWalVer of Platting
Dear Ms. Galav:
Per our discussiOn yesterday, I am enclosing for your immediate review the Notice of
Waiver of Platting referenced above. If, upon revievling same, you have any questions or
comments, please do not hesitate to call.
Thank you for your attention to this matter.
Sincerely,
RUDEN, McCLOSKY, SMITH, SCHUSTER &
RUSSELL, P.A.
~~-
. () -\ .
~~
Genevre Ferrero
Enclosure
ce. Susan P. Motley, Esq (w/end.)
Ms. Angelina May (w/end.)
FTL:7i2619:1
FORT L,;,UDERDALE-MIAMi- N.A.PlES-PORT ST. LUCIE -SARASOT/,. ST. PETERSBURG-TALLAHASSEE -TAMPA-WEST PALM BEACH
4-1 :'1; C:;-,--:: F ;Rr'~'1ssr:;: ~~.T'~1:3c3
; 9:=:,4 764 ..1.996
# ? ," ,~
Return to: (onc1ose self~addres3ed stamped envelope)
City Attorney
City of Boynton Beach
100 East Boynton Beach Blvd.
BoyntoIi Beach, FL
This Instrument Prepared by:
Susan P. Motley, Esq.
Rudell, ~1cClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
Sl' ACE AllOVE THIS LINE FOR PROCESSINC DAT A
Sl' ACl!~ ABOVE THIS LINE FOR PROCESSL"IG DA T ,\
NOTICE OF WAIVER OF PLATTL~G
WHEREAS, WA.L-MART STORES EAST, INC. ("\Val-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 Scnny'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 Exhibi!1!. 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
c;ualifies for a waiver of platting under Chapter 5, Article IT, Sections l.A.3 and l.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 o;~ the land is of such simpiicity as to justify the waiving of the
platting; and
~1-IEREAS, no dedications to the City of Boynton Beach are required because the
dedications made previously satisfy the City's requirements.
FTl7(,798B'1
4.- 9-
5:31~M;RMSSP FTL 86
954 7~::;-+ 4g:~j'S
KNOW ALL MEN BY THESE PRESENTS that the Director of Development and
Planning Director have detemlined that the application to waive the platting requirement for the
division of the Sonny's Parcel from tbe Undivided Wal-Mart Parcel, as described above, meets
the ;equirements set forth in the City Code, Chapter 5, Article II, Section l.A.3 and l.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 \Val-Mart Parcel or lle Sonny's
Parcel has hereby been waived.
[intentionally left blank]
FTL:76798!\:1
Page 2 013
tt 4
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4-~C:--/); .-'.
;r~(~vis.S.j.:' F:~i86
; ';::::5,4 7':=:4 4996
# 5/ 9
CONFlRl\1ED this __ day of ___ 2001 by Quintus Greene, Director
of Development, ih'ld 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.
Quintus Greene, Director of Development
Witness signature
Witness name printed
Witness signature
Mayor Gerald Broening
Witness name printed
STATE OF FLORIDA )
) SS
PALM BEACH COUNTY )
The foregoing instrument was acknowledged before me this _ day of
2001 by Quintus Greene and Mayor Gerald Broening, who are personally
known to me or who have produced as identification
My commission expires:
NOTARY PUBLIC
Commission No.
Type or print name
Hl:767988:1
Page 3 of3
4- 9-01; -r:,~3 PIV:;q~J'_-:;SI=: F''''~L~2,6
; 9~,.d 7,:::,4 ...;.Q,96
":t 6,' 9
EXHIBI'l' .. A II
LEGA.L DESCRIPTION (UNDIVIDED WAL*l'lART PARCEL):
A portion of SECTIONS 19 and 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST. Palm Beach
County, Florida, being more particularly :lescribed as foll'.1w5;
Commence at the SO'Jtheast corner of said SECTION 19, TOWNSHIP 45 SOUTH, RANGE 19
EAST; run thence S.87032'52''V\, along the South line of said Section 19, a distance of 1095.22
feet to a point on the Westerly RighI-oF-Way line of Winchester Park Boulevard, as described in
Official Records Book 5356, Page 806, cfthe Public Records of Palm Beach County, Florida;
thence $.0101 a'43"E along said Westerly Right-of-Wsy line)f Winchester Park Boulevard. a
distance of 25.00 feet to the POINT OF BEGINNING; thence S.87032'52'W, a distance of 548.67
feet along the South Right-of-Way line of that certain 25 foot road rJght-of-way as shown on the
Plat of PALM BEACH FARMS COMPANY PLAT NO.8, according to the p:at thereof, recorded in
Pfat Boo~: 5, Page 73, at the Public Rewrds of Palm Beach County, Florida: thence
N.01003'38"W., a <.iis!ance of 12.50 feet to a point on the centerline of said 25 foot road rlght-of-
way; thence S87CS2'52"W along said centerline, a distance of 320.68 feet; Ihence NOO'49'48"W,
a distance of 12.50 feet to the SO\Jtheast comer 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 Patm Beach County, Florida; thence S8703Z'SZ"'W along the
South line of said Tract 52, a distance of 628.29 feet; thence NOo038"54'W. a distance of 330.87
fe-et to a point on the South line afTract 51 of sad SUbdivision of SECTION 19, TOWNSHIP 45
SOUTH. RANGE 43 EAST; thence S87"33'56''W along said Sou!!) line of Tract 51. a distance of
15.01 feet to the Southwest corner of said Tract 51; thence NOO.38'54"VV along the West line of
said Tract 51 and the East Right-of-Way of Kn\Jth 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 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.Ooo44'20"W along the West line of said
Tract 47, a distance of 612.45 feet to a point on the South Righi-or-Way line of Old Boynton
Road; thence N89"SO'04"E along said South Right-of-Way line of Old Boynton Road, E! distance
of 96US feet to a point 1>11 the East line of said Tract 45; thence S01"OO'33"E along the EaST line
of said Tracl45, a distance of 127.55 feet; thence N89050'16"E, a distance of 119.91 feet; thence
sOtOOO'33"E, a distanc.e of 121.95 feel to a point on ft1e Ncrth line of the South 320.00 feet of
said Tract 42; thence N8S"09'06"E along the N:xlh line oftM South 320.00 feat of seld Tract 42,
a distance of 217.61 feel to iii point on the Westerly R.ight-of-Way line of the aforementioned
Wincho3ter Park Eoulev'ard; thence S01"06'06"E a:ong said Westerly R~ght-of.Way line, a
distance of 7.30 feet to a point of cUl\lalure of a curve to the right; thence 456.62 ffJet along the
arc of said curve having a radius of 2041.31 feel, a central angle of 12048'59", and a chord of
455.671eet which bears S05' 1S'24"W to a point of re....erse curvature of a curve to the feft; 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 SOS"12'OS"W; thence continuing alorg said
\Nesterly Right-of-Way :ine of WinChester Park Boulo'lard, 801.1 8'43ftE, a distance of 2'T.21 feet
to the POINT OF BEGfNI'JING.
Said parcel contains 39 .5367 acres {i. 722,21 i square feet) more or less,
4- ~-() ; 5:3'IP~~ PMSSP FTL186
; :';,~,4 r r5'. <.1,. ~96
"
EXHIBIT "B"
j"EGAL DESCRiPTION {SONNYS PARCEL):
A portion of Tract 42 and the vacated road of Subdivision of the Southeast Y. 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 Ccunty, Florida. being more particularly
described as tollows:
Commencing at the intersection of lhe South Right-ot-Way line ot Old Boynton Road and the
West Right-of-Way line of Winchester Park Boulevard; :hence atong said West Right-of-Way line
of Winchester Park Boulevard. 501 "06'03"E, a dIstance of 243.08 feet to the POINT OF
BEGINNING; thence continue SOl '06'03" E, a distance of 7.83 feet to a point of curvature of a
curv~ to the right; thence 193.50 feet alorlg the arc Of said cu~ve having a radius of 2041.31 feet.
a central angle of 05c25'52" and a chord of 193.42 feet, w!",ich bears S01036'55"W; thence
leaving the West Right"of-Way line of Winchester Park Boulevard, S58"57'39'W, a distance of
40.00 feet; thence N890S9'15'W, a distance of 294,06 feet: 1hence a'ong the East boundary line
of Tract 45, N01 ~OO'33''W, a distance of 335.92 feet; thence N89"50'16"E. a distance of 119.91
feet; thence 801 oOO'33~E. a dIstance of 121.95 feet; therce N88"09'08"E, a distance of 217.64
feet to the POINT OF BEGINNING.
Containing 1.9884 acres or 86,6'15 square feet, more or less.
4-1S .~.. o. PM;P~SSR ~T '86
: :~:l5.:', 764 49912
EXHIBIT "C"
Page 1 of 2
LEGAL DESCRIPTION (REMAINING WAL.MART PARCEl):
A portion of SECTIONS 19 and 30, TOWNSHIP 45 SOUTH, R.~NGE 43 EAST, Pa,m Beach
County, Florida, being more particularly described as follows:
Commence at the Soutneast corner of said SECTION 19, TOWNSHIP 45 SOUTH. RANGE 19
EAST; rWl thence S.87'32'52"W along the South !Ine 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
Offic'al Records Book 5356, Page 806, of tfie Public Records of Palm Beach County, Florida;
thence Sm018'43"E along said Westerly Right-ot-Way line of Winchester Park Boulevard, a
distance of 25.00 feet to the POINT OF BEGINNtNG; thence S.sr32'52"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
Plat Book 5, Page 73, of the Public Records of Palm Beach Coun:y, Florida; thence
N.01'03'58"W, a distance of 12.50 feet to a point on the centerline of said 25 foot road right-of-
way: thence SSr32'S2"W along said centerline, a distance of 320.66 feet; ttMlnce NOoo49'48"W,
a distance of 1250 feet to the Southeast comer ot Tract 52, subdivision of SECTION 19.
TOWNSHI P 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 S87"32'5Z"W along the
South line of said Tract 52, a distance of 628.29 feet; thence NOoo3S"54"W, a distance of 330.87
feet to a point on the South line of Tract 51 of said subdivision of SECTION 19, TOWNSHIP 45
SOUTH, RANGE 43 EAST; thence SBr33'56'W along said South line of Tract 51, a distance of
15.01 feet to the Southwest corner of said Tract 51; thence N00038'54"W along the West line of
sajj Tract 51 and the East Right-ot-Way ot Knuth Road. a distance of 330.88 feet to the
Northwest corner of said Tract 51: thence N87034'23"E along the North line ot said Trect 51, a
distance of 313.09 feet 10 the Southwest corner of Tract 47 of said subdivision of SECTION 19,
TOWNSHIP 45 SOUTH, RANGE 43 EAST; ttiEmce N.OO.44'21"W along the West line of said
Tract 47, a distance of 612.44 feet to a poinlon the South Right-of-Way line of Old Boynton
Road; thence N89"SO'16"E along said South Right-of-Way line of Old 8oynton Road, a distance
of 961 :18 feet to a point on the East line of said Tract 45; thence S01"OO'33"E along the East line
of said Tract 45, a distance of 127.55 feet; thence N8905D'j 6'E, a distance of 119.91 feet; thence
S01000'33"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'Oa"E along the North line of the South 320.00 feet of said Tract 42,
a distance of 217.64 feet to a point on the We5teriy Right-of-V'lay I ine of the aforementioned
Winchester Park Boulevard; thence S0100B'C6"E along said Westerly Right-of-Way line, a
distance ()f 7.83 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 feel, a central anglB of 12'46'59", and a chord of
455.67 feet whicll bears SOsoi8'23"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 or 2301.99 feet, a central angle of
13001 '36" and a chord of 522.25 feet which bears S05'12'OS"VV; thence continuing along said
'u"lesterly 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 vacatec road of Subdivision of the Southeast Yo of Section 19,
Township 45 South, Range 43 East, according 10 the map or plat thereof, as recorded in Plat
Baal< 7, Page 19 of the Public Records of Palm Beach County, Florida. being more particularlY
descrit>eo as follows:
Commencing a1 the intersection of the Soulh Right-of-Way line of Old Boynton Roaa and the
West Right-of-Way Iil'e of Winchester Park Boulevard; thence along said West Right-of-Way line
of Winohester Park Bi)ulevard, 501 "06'03"E.. a distance of 243.08 feet to the POINT OF
BEGINNING; therce continue S01.06'03" 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 05025'52" and a chord of 19342 feet, Which !:lears SO 1 <36'55"W; thence
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EXHIBIT Ire"
Page 2 of 2
: .',)54 ~'f54 4996
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leaving the West Right-of-Way line of Winchester Park Boulevard, S580S7'39"W. a distance of
40.00 feet; thence N890S9'15''W, a distance of 294.06 feet; thence along the East boundary line
of Tract 45, NO 1~OO'33''W, a distance of 335.92 feet; thence NB9050'16"E, a distance of 119.91
feet; thence 501 .OO'33"E, a distance of 121.95 feet; thence N88.09'OanE, 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.
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E, BOYNTON BEACH BOULEVARD
P,O, BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
To:
Fax#:
Date:
From:
Re:
Angie May, Kimley Horn, Inc.
561-562-9689
March 15, 2001
Lusia Galav, Principal Planner
Wal-Mart Plat Waiver ADAP 01-002
Pages: 5
Angie,
This is a copy of the "Notice of Waiver of Platting" from the
Hampton Inn project. You may use this as a basis to prepare the
waiver for Wal-Mart. Return a draft to me and I will process
through legal, engineering and administration. The approval
process is done administratively. No public meetings are required.
If you have any additional questions, please call me at 561-742-
6262.
Lusia
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
-~ANSMISSION VERIFICATION REPORT
TIME 03/15/2001 11:53
NAME BOYNTON BEACH P & Z
FAX 5513755259
TEL 5513755250
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
rv10DE
03/15 11: 50
91551552958999999
00:02:44
05
Of<
STANDARD
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This instrument prepared by
and return to:
Richard W. Carlson, Jr., Esq.
Address: 2377 Crawford Court
Lantana. FL 33462-2511
~CQ)~V
NOTICE OF WAIVER OF PLATTING
WHEREAS, North BO)TIton Beach Hospitality, Inc., a Florida Corporation, ("North Boynton
Hospitality") holds fee simple title to a certain parcel of real property located in Palm Beach County,
Florida, more particularly described as:
Lot 2, Plat of Quantum Park at Boynton Beach, PJ.D. No.1, according to the Plat thereof as
recorded in Plat Book 57, Pages 182 and 183, Official Records of the Clerk of the Circuit Court
in and for Palm Beach County, Florida; and ;
WHEREAS, Boynton Beach Hospitality, Inc., a Florida corporation ("Bo)TIton Hospitality") holds fee
simple title to a certain parcel of real property located in Palm Beach County, Florida, more particularly
described as:
Lot 1 (referred to in this recital as "Parent Lot 1 ") of the Plat of Quantum Park at Boynton Beach,
P.I.D. No.1, according to the plat thereof as recorded in Plat Book 57, Pages 182 and 183, Public
Records of Palm Beach County, Florida, LESS AND EXCEPT that portion of said Parent Lot 1
as follows:
BEGINNING at the Southeast comer of said Parent Lot 1; Thence South 89 Degrees 04
Minutes 47 Seconds West along the South line of said Parent Lot 1 a distance of 156.06
feet; Thence North 00 Degrees 55 Minutes 13 Seconds West, a distance of370.47 feet to
the North line of said Parent Lot 1; Thence North 89 Degrees 04 Minutes 47 Seconds East
along the North line of said Parent Lot 1 a distance of 115.42 feet to the West right-of-way
line of Lake Worth Drainage District Canal E-4, as same is recorded in Official Records
Book 4545, Pages 1296 and 1297, Palm Beach County, Florida, Public Records; Thence
South 07 Degrees 10 Minutes 49 Seconds East along said West right-of-way line a
distance of372.69 feet to the Point of Beginning; and,
WHEREAS, the City of Boynton Beach ("City") approved an expansion of the Hampton Inn by
the addition of 54 rooms extending into Lot 2; and,
WHEREAS, Boynton Hospitality will acquire a Portion of Lot 2 from North Boynton Hospitality
for this expansion; 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,
Page 1 of 4
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WHEREAS, the North Boynton Hospitality and Boynton Hospitality have applied for such waiver
of platting; and,
WHEREAS, the Director of Development 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 purpose and intent of the chapter, and the resubdivision of the land previously
platted is of such simplicity as to justify the waiving of platting; and,
WHEREAS, no dedications to the City of Boynton Beach are required because the dedications
made in the previous plat (Plat of Quantum Park at BOj1lton Beach, P J.D. No.1) satisfy the requirements
of the City.
KNOW ALL BY THESE PRESENTS that the Director of Development and Planning Director
have determined that the application to waive the platting requirement for the subdivision of Lot 2 and the
combination of that portion of Lot 2 on which the Hampton Inn expansion will be located with the west
portion of Lot 1, as described above, meets the requirements set forth in the City Code, Chapter 5, Article
II, Section 1.A.3 and I.B, and the application has been approved by Quintus Greene, Director of
Development, as indicated by his signature affixed below.
The subdivision of Lot 2, and a combination of a portion of Lot 2 with the west portion of Lot 1,
into the following Lots has been approved by the City of Boynton Beach and the requirement of platting
such has been waived:
LOT 1
A PARCEL OF LAND SITUATE IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNlY, FLORIDA, BEING A PORTION OF LOTS 1
AND 2, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.1,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57,
PAGE 182, PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT
BEING ON THE NORTH RIGHT-OF-WAY LINE OF GATEWAY BOULEVARD,
FORMERLY KNOWN AS 22ND AVENUE, AS DESCRIBED IN OFFICIAL RECORD
BOOK 1738, PAGE 1686 AND OFFICIAL RECORD BOOK 4594, PAGE 1454, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
DEPARTING SAID NORTH RIGHT-OF-WAY LINE AND ALONG THE WEST LINE
OF SAID LOT 1, NORTH 0 I' 43'35" EAST, A DISTANCE OF 370.86 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WEST LINE OF
SAID LOT 2, NORTH 12' 44'46" WEST, A DISTANCE OF 216.53 FEET; THENCE
DEPARTING SAID WEST LINE OF LOT 2, NORTH 77' 15' 14" EAST, A
DISTANCE OF 184.48 FEET; THENCE SOUTH 12' 44' 47" EAST, A DISTANCE
OF 255.16 FEET TO A POINT ON THE NORTH LINE OF THE
AFOREMENTIONED LOT 1; THENCE ALONG THE NORTH LINE OF SAID LOT
1, NORTH 89' 04'47" EAST, A DISTANCE OF 87.75 FEET; THENCE DEPARTING
Page 2 of 4
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LOT 2
'..,
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SAID NORTH LINE OF LOT 1, SOUTH 00' 55' 13" EAST, A DISTANCE OF 370.47
FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT -OF-WAY LINE
OF GATEWAY BOULEVARD; THENCE ALONG SAID NORTH RIGHT-OF-WAY
LINE, SOUTH 89' 04' 47" WEST, A DISTANCE OF 293.36 FEET TO THE POINT
OF BEGINNING.
CONTAINING 149,020.07 SQUARE FEET OR 3.42 ACRES, MORE OR LESS.
A PARCEL OF LAND SITUATE IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF LOT 2,
QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO.1, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGE 182, PUBLIC
RECORDS OF PALM BEACH COUNlY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG
THE SOUTH LINE OF SAID LOT 2, SOUTH 89' 04' 47" WEST, A DISTANCE OF
203.17 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 12' 44' 47"
WEST, A DISTANCE OF 255.16 FEET; THENCE SOUTH 77' 15' 14" WEST, A
DISTANCE OF 184.48 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2;
THENCE ALONG SAID WEST LINE, NORTH 12' 44' 46" WEST, A DISTANCE OF
212.44 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF QUANTUM
BOULEVARD AS SHOWN ON THE AFOREMENTIONED QUANTUM PARK AT
BOYNTON BEACH, P.LD. PLAT NO.1, SAID POINT BEING THE NORTHWEST
CORNER OF SAID LOT2; THENCE ALONG SAID SOUTHRIGHT-OF-W A YLINE,
NORTH 89' 08' 39" EAST, A DISTANCE OF 0.44 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
1452.68 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 12' 50' 57", AN ARC DISTANCE OF 325.78
FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO
THE NORTH HAVING A RADIUS OF 550.00 FEET; lHENCE EASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12' 09' 11 ", AN
ARC DISTANCE OF 116.66 FEET TO THE NORTHEAST CORNER OF SAID LOT
2; THENCE DEP ARTING SAID SOUTH RIGHT-OF-WAY LINE AND ALONG THE
EAST LINE OF SAID LOT 2, SOUTH 07' 10' 49" EAST, A DISTANCE OF 371.48
FEET TO THE POINT OF BEGINNING.
CONTAINING 120,615.91 SQUARE FEET OR 2.77 ACRES, MORE OR LESS.
Page 3 of 4
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CONFIRMED this ~y of ' f1tLtNJ.e~ 2000, by Quintus Greene, Director of Development,
and approved for recording by Mayor Gerald Broening upon the recommendation of the Director of
Developm nt d approval of the City Attorney, City of Boynton Beach, Florida.
~ 77 i
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QUI tus reene
Director of Development
Notary
STATE OF FLORIDA
COUNTY OF PALM BEACH }
The foregoing instrument was acknowledged before me this~day of ~ooo, by
Quintus Greene, Director of Development \vho is personally kno\\n to me.
Notary Public, State of Florida
{1~ (/1fL; ~YJ~J~
Notary Signature
(SEAL)
"._""" ':u:;e Mane Lamanna
:~ ~ *My Commission CC043584
~,>.......,., Expiru A~ 2V. 2001
Notary
STATE OF FLORIDA }
COUNTYOFPALMBEACH }
c;'f/\ I f
The foregoing instrument was acknowledged before me this.~{; day of :); cJ4tf,k/gOOO, by
Mayor Gerald Broening, who is personally known to me.
Approved as to form and
legal sufficiency:
~ ~~:E .
City Attorney James A. Cherof )~~
~ ~ ,.,., L~~f!'m!)
;.* ~c.mmlAiOft-~
'\;....'/ &,ira April 20, 2004
Page 4 of 4
Feb-16-2001 05:01pm From-GREENBERG TRAURIG, P.A
15616556222
T-212 P.002/002 F-25S
f'
Da\l'Y M l.-3.yrrul.Il
650-7990
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taYflllUl<1@gtlaw I;om
February 16,2001
VIA TELEFAX
Colleen Carey
Imerplan Practice, Ltd.
933 Lee Road. Suite 120
Odando. FL 32810
Re;
Your File No;
Location:
Sonny's Bar-B-Q
COUS 00-007
Ou.parte! In the Wal-Mart Shopping Center to be
located South of the Steak and Shake al tbe soutbwest
corner of Old Boynton Road and Winchester Park
8h/d.
Dear Colleen
Gary Gonlieb sem to me the Sormy's approval A Unity of TitJe is attached. This
is just on~ parcel of land. Why would a Unity of Title be reqL1ired?
Secondly, it requires submission of a Waiver of Platting Request. What is that?
DML/lm
C~.
...
Gary Gonheb (via telefax)
~xa:<:NIHIIC 'T'X~Ulll':, FA.
f'_O. BVII ~(l4~\I W~,T p", ~ U':.~C'1. Flo~'"'' HUt.-ijbJ!l
Sc>1.(iSO-7VOO F..A S(;1-t;55-Q~~;,( WW" ~tla...c"m
777 S';;\!111 Fi"..,.q;1< lilthl SlJ"~ 300 L.uT ~",I l',LM 81>,,'"', ~L')1t1D" 'j'14(l!
~t,,"'l !'if'" 'tOR" W"'IiI1\jCl.....~.l).~:- .~Tl\;"u .."IL'D~lj>llL" T,'~ol'lS COll~'" C.uC,CO Bv."'''''' P.IOlll". Wluu.'\;fv!lo lv, A!\o.;~I..' U~~VL:
Si\t,l P...'LO )'vllr 1."v"l'!ltD..lt: 8.h.. !t~'fO~ Wo',,1' }>A~),( Bl..l." OlLAr-Do 'T..LL"1US~U;
F.b~16-2001 05:01pm
From-GREENBERG TRAURIG, ~.A
15616556222
T-212 P.001/002 F-2ES
~~[f~~[~~
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Transminal Cover Sheet
TO Colleen Carey-375-6259
cc Gary Gottlieb - 833-4197
FROM Oavid M, Layman, Esquire
File Number
29657.010700
No. ot. Pages
2
COlUments
Please see anached tener.
Date
February 16,2001
Please notify us in:uneuiatdy if nOl received properly at 561/650.7900
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