APPLICATION
..
PROJECT NAME: Boynwn Delray Academy
LOCATION: NW corner of Martin Luther King and Railroad Ave.
PCN: 08-434-45-21-27-001-0021 & 08-43-45-21-22-006-0021
I FILE NO.: COUS 03-008 I TYPE OF APPLICATION:
Conditional Use
AGENT/CONTACT PERSON: OWNER: Keith D. Kern
Marty Madura ADDRESS: 50 SE 4th Avenue
ADDRESS: 1911 NW 15th Street Delray Beach, FL 33483
Pompano Beach, FL 33069 PHONE: 561-276-4146
PHONE: 954-960-1550 FAX:561-276-3859
FAX: 954-960-0747 (qS"\~2)l;\ ~ ~o~'6
Date of submittal/Projected meetine dates:
SUBMITT AL / RESUBMITT AL 10/15/03
1 ST REVIEW COMMENTS DUE: 10/30/03
PUBLIC NOTICE: N/A
TRC MEETING: 11/18/03
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD N/A
MEETING:
COMMUNITY REDEVELOPMENT 12/9/03
AGENCY BOARD
CITY COMMISSION MEETING: 12/16/03 1/7/a la'f
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\2003 PROJECT TRACKING INFO.doc
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City Codes Accessed Via Website
www.bovnton-beach.org
www.amlcgal.comiboYnlon beach tl
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN
Has applicant attended a pre-application meeting? Yes
Date 10/1/03
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE.PROCESSED.---~. ,--- :,.'
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Please print legibly (in ink) or type all intonnation. I ~'J i. ·
I. GENERAL INFORMATION UU I OCT J 5 .
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. ~,I ' .
1.
Project Name: Delray-Boynton Academy
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2.
Property Owner's (or Trustee's) Name: Keith D Kern
1: :::..--,-,-_.
I
: ~___ J
Address: 50 SE 4th AV, Delray Beach, FL 33483
Phone:
(561) 276-4146
(Zip Code)
Fax: (561) 276-3859
3. Applicant's name (person or business entity in whose name this application is made):
Delray-Boynton Academy
Address: 900 N Seacrest Blvd, Boynton Beach, FL 33435
Phone: (561) 736-8828
Fax: (561) 736-8659
(Zip Code)
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant): Marty Madura
Address: 1911 NW 15th Street, Pompano Beach, FL 33069
Phone: 954-960-1550
(Zip Code)
Fax: 954-960-0747
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
*This is the one address to which all agendas; letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Buyer
7. Street address of location of site:
NW comer of Martin Luther King Jr Blvd and Railroad Av
8. Property Control #(PCN) 08-43-45-21-27-001-002108-43-45-21-22-006-0021
9. Legal description of site: Exhibit "A"
10. Intended use(s) of site: Middle school
11. Architect: Barden Planning, 1975 E Sunrise, Ft Lauderdale, FL 33304 954-525-3661
12. Landscape Architect: Barden Planning
13. Site Planner: Barden Planning
14. Engineer: Greenhorne&OMara, 3223 Commerce Place, WPB,33407 561-686-7707
15. Surveyor: Davis & Purmont, 843 SW 8th AV, Deerfield Beach, FL 33441
16. Traffic Engineer:
17. Has a site plan been previously approved by the City Commission for this property?
no
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan: MEDR
2. Zoning District: R2/C2
3. Area of Site 0.87 acres 36055 sq. ft.
4. Land Use - Acreage Breakdown:
a. Residential, including acres % of site
surrounding lot area of grounds
b. Recreation Areas" acres % of site
(excluding water area)
c. Water Area acres % of site
d.
Commercial acres % of site
Industrial acres % of site
Public/Institutional School 0.87 acres 100 % of site
Public, Private and Canal rights-of-way acres % of site
Other (specify) acres % of site
Other (specify) acres % of
site
e.
f.
g.
h.
i.
j. Total area of site 0.87 acres 100 % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
b.
c.
courts.
site
d.
e.
Ground floor building 0.19
area ("building footprint")
acres 21
% of site
Water area
% of site
acres
Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic
0.21 acres 2S % of
Total impervious area 0.4
acres 49
% of site
Landscaped area 0.04 acres S % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
Other landscaped areas, 0.14
17
% of site
acres
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas acres % of site
h. Total pervious areas 0.47 acres S4 % of site
i.
Total area of site 0.87
% of site
acres 100
6. Floor Area
a. Residential sq. ft.
b. Commercial/Office sq. ft.
c. Industrial/Warehouse sq. ft.
d. Recreational sq. ft.
e. Public/Institutional 8640 sq. ft.
f. Other (specify) sq. ft.
g.
h.
Other (specify)
sq. ft.
sq. ft.
Total floor area
7. Number of Residential DwellinQ Units
8.
9.
Single-family detached
sq. ft.
a.
b.
Duplex
sq. ft.
c.
(1 )
(2)
(3)
(4)
Multi-Family (3 + attached dwelling units)
Efficiency
1 Bedroom
2 Bedroom
3+ Bedroom
dwelling units
dwelling units
dwelling units
dwelling units
d.
Total multi-family
dwelling units
e. Total number of dwelling units
Gross Density
dwelling units per acre
Maximum height of structures on site 14
feet 6
stories
10. Required off-street parkinQ
a.
Calculation of required # of
off-street parking spaces.
1 per 500 sq ft de
1 per 200 SQ ft
=
Off-street parking spaces
provided on site plan
11
4
=
=
b.
Calculation of required #
of handicap parking spaces
1 per 20
Number of handicap
spaces provided on site plan
1
=
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT
BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge and belief. This application will not be
accepted unless signed according to the instructions below.
. /ofrj/D3
Date' ,
7'/0.,/
Signa ure wner s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
OR
Signature of contract purchaser (if applicant)
Date
IV. AUTHORIZATION OF AGENT
Sign~AU~~ent
/~P9
Date
(I) (We) hereby designate the above-signed person as (my) (our) authorized agent in regard to
thi:a~~
Signature f wner(s) or Trustee,
_or Authorized Principal if property is owned
_by a corporation or other business entity.
Iv It.{"' II ::J
Date / .
OR
Signature of contract purchaser (if applicant)
Date
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall
be deemed material and shall place the applicant in violation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcement of the same.
CKNOWLEDGED AND AGREED TO this ~4ay of O~ C'_.-
APH~
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",\lNCURRENCY REQUIREMEN....S
NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation,
park, and road facilities) would be available to serve the project, consistent with the levels of service which are
adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements, which, in and by themselves, would
create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the demand
for any public facility.
Any other application, which, in and by itself, would establish the density or intensity of use of land, or
a maximum density or intensity of use of land.
Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency Management
Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the
general use which was intended for the property at the time of platting.
Applications for the development of property, which was platted prior to January 13, 1978, the area of
the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior to June
1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional Impact, and
which are consistent with the approved DRI.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach county
Health Oepartment permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not increase
the demand for any public facility.
Please be advised that these eX~o1ption rules are tentative and will be subj~to final approval by the City
Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance. please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number
of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee
adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but not limited to lakes, trees and other vegetation
and soils and topography.
2. Existing buildings, building elevations. other structures, including use, height,
dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (comer, street and finished floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed buildings and other structures, and any
existing buildings and structures, which are to be retained, including use, height,
dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks, including location,
dimensions and setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location, dimensions, setbacks, height and
material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landscape plan:
1. A separate scaled drawing (at the same scale as the site development plan) prepared as
required by state law clearly illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural plan:
1. A scaled drawing clearly illustrating proposed building floor plan and elevations,
including height. exterior dimensions, exterior color and materials.
2. A colored 61evation drawing (not mounted) showing all 'elevations of the building. (This
submittal can be waived by the Planning and Zoning Director when not applicable.)
E. Tabular Summary ContaininQ:
1. Total gross project area by acreage and square footage and net buildable land area in
acres and square feet.
2. Total number of proposed residential units, including characteristics by number of
bedrooms and bathrooms and gross square footage of each typical unit.
3. Proposed nonresidential floor type of use and total gross square footage.
4. Square footage and percentage distribution of the total project site, including areas
proposed for landscaped open space, vehicular use areas, other paved areas, and
building coverage and total coverage.
5. Number and ratio of required and provided off-street parking spaces and number of
loading spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. DrainaQe plan:
1.
2.
A separate scaled drawing (at the same scale as the site development plan) showing
elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc.
An engineer's certification in writing that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land
Development Regulations.
Revised 1 0/26/01
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LEGAL DESCRIPTION:
THE EAST 300' FEET OF BLOCK "B", LESS THE RIGH 1-0F-WAY OF THE
F.E.C. RAILWAY, MEEf<S A~JD ANDREWS ADDITION TO BOYNTON,
ACCORDING TO THE PLA T THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BC':'CH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 5, PAGE 84 OF -I liE PUBLIC
RECORDS, SAID LANDS STUA TE, L YI~jG AND BEI~JG Ir.j PlLM BEACH
COU~JTY, FLORIDA.
LESS ,';~JD EXCEPT
PARCEL ",A", A PORTION OF THE E.tl,ST 300' FEET OF BLOCK "B", LESS
THE RIGHT-OF-WAY OF THE F.E.C. RAILWA Y, MEEI<S ,tlJJD ANDREWS
ADDITIOr~ TO BOY~JTON, AS RECORDED I~J PLAT BOOI< 5, PAGE 84, PI>IM
BEACH COU~JTY, FLORIDA" MORE P ARTICULARL Y DESCRIBED AS FOLLOWS;
BEGIf\J~JINGtl,T THE f\JORTHWEST CORNER OF THE EI>,ST 300' FEET OF
BLOCI< "B"; THEf\JCE WITH A BEARI~JG OF EAST OF A DISTAf\JCE OF
1 :29.00' FEET TO A POINT; THENCE S03"n9' 23"W FOR ,A DISTANCE OF
73.:28' FEET TO 1>, pOlr\JT; THEf\JCE WEST I-OR ,tl, DISTAJJCE 122.90' FEET
TO ,tl, POI~JT; THE~jCE N01'37'OO"W FOR " DIST,tl,f\JCE OF 73.20' FEET
tvlORE OR LESS TO THE POIf\JT OF BEGI~'I~JIf\JG.
SI>,ID LANDS CO~JT,tl,If\JI~jG 9:216 SQUI>,RE FEET MORE OR LESS.
TOGI fHER WITH:
PAR(~EL "e", A PORTION OF THE E,AST JO' FEET OF BLOCK "B" LESS
THE f~IGHT -OF -WA Y OF THE F.E.C. RI>,11 NAY, MEEKS Af\JD ANDREWS
ADDITION TO BOYNTON, AS RECORDED I ~ PLAT BOOI< 5, PAGE 84, PALM
BEACH COUNTY, FLORIDA MORE P ARTICllLARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE ~JORTHWEST CORNI=R OF THE EAST 300' FEET OF
BLOCI< "B"; THENCE WITH A BEARING SOl'37'OO"E FOR A DISTANCE OF
73.20' FEET TO THE POINT OF BEGINNING; THENCE EAST FOR A
DIST,ANCE OF 122.90' FEET TO A POINT; THENCE S03"09'23"W FOR A
DISTtl,NCE OF 76.89' FEET TO A POINT; THENCE WEST FOR A DISTANCE
OF 116.50' FEET TO A POINT; THENCE f\)01"37'00"W FOR A DISTANCE OF
76.80' FEET MORE OR LESS TO THE POINT OF BEGI~JNING.
TOGETHER WITH LOTS 2, 3, AND 4, BLOCK 1, LESS THE RIGHT-OF-WAY
OF F.E.C. RAILWAY AND LESS THE SOUTH 10' FEET THEREOF FOR ROAD
RIGHT-OF-WAY, E. ROBERTS ADDITION TO BOYNTON, ACCORDING TO THE
PLA T THEREOF; AS RECORDED IN PLAT IlOOK 1 , PAGE 123 OF THE
PUBUC RECORDS OF PALM BEACH COUf\1 fY, FLORIDA.
Justification for Conditional Use
Boynton Delray Academy
--
I. The ingress and egress have been designed in accordance with public works
requirements. We will have a one way entrance driveway from NE 11 th Av and a one way
exit will be on Railroad Av which will become a one way southbound. Additionally, we
will be adding four foot sidewalks along 11 th and Railroad for pedestrians.
2. The parking lot is on the north side facing 11 tho The parking lot is set well back from
the street with a retention swale and required landscaping separating it from the street. In
addition we are erecting a 6' wall along the west property line which abuts property that
is zoned R-2. A drop off zone is to be constructed along Railroad Avenue to facilitate
drop off for children and deliveries.
3. The access for the refuse area has been designed and located as required by public
works and to meet their standards. A hedge will be planted on three sides.
4. Water and sewer are available on Railroad A v where we will tie into an existing sewer
lateral and tap the existing water main for domestic service and a fire line.
5. We are screening the property to prevent any adverse effect on the adjoining
properties. We are carefully planting 4' hedges and trees to buffer any impact on our
commercial use neighbors along with a 6' wall next to the residential parcel. There are
also specimen trees being planted in accordance with the Florribean theme.
6. The parking lot lighting is designed to meet the City of Boynton codes. At the other
entry doors will be a wall mounted incandescent light for safety at night. No lighting will
shine onto the adjacent properties.
7. The required setbacks are being met at the comer of Railroad Av and Martin Luther
King Jr. Blvd. There is a 3' difference on the 12' maximum setback in the northeast
comer and aI' difference in the southwest comer because we are allowing for additional
right-of-way at Railroad Avand Martin Luther King Jr. Blvd for the installation of the
required sidewalk. We have taken our setbacks off the edge of the mansard to allow for
additional green space between the sidewalk and building.
8. The school is already located at 900 N Seacrest which is near to the subject property. It
is an allowed use in the C-2 zoning district which is the south parcel and a conditional
use in the R-2 zoning district which is the north parcel.
9. The building is one story which is similar to the majority of the properties in the area.
There will be a raised roof section at the Martin Luther King Jr. Blvd entrance to dress up
that elevation.
10. A community is only as strong as its weakest link. This targeted audience has been
identified in middle school based on suspensions, referrals, retention, attendance, grade
~
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point average, and discipline reports. The students become our future juvenile detention
detainees, prison inmates, perpetrators, and menaces to our society. Our goal is to
identify and assist these children while they are middle school students. Many of our
students are not seeking to become "failures" however, these are the hands they were
dealt as a result of babies having babies, drug infested households, AIDS infected
parents, not to mention that 47% of our student population are being raised by
grandparents.
Last year we topped the school district in middle school FCAT math gains and were 5th in
reading. Such an isolated educational institution appears to be the answer to such a
significant weak link.
11. The site plan and related drawings conform or exceed the standards of The City of
Boynton Beach.
12. There will be no external loudspeaker systems on the building other than tor the fire
alarm.
11/17/2003 10:01
5513547'Cj2
BOYNTON BEACH FIRE
PAGE 02
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FLOW TEST
Request Date:
11/12/03
Company: Advanced Modular
1911 NW 15th Street
Requested From: Marty Madura
Telephone Number: 954-960-1550
Pompano Beach, FL 33069
Facsimile Number: 954-960-0747
Location: NE 11th Avenue & Railroad Avenue
" DIAGRAM '"
(Include direction, street names, hydrant locations, intersections and main sizes)
i I 339 I
H#@ R
A
N I
NE 11TH AVENUE L
I R
0
A
0
NE 10TH AVENUE - MLK A
I V I
H#CD E
Hydrant 1;
Hydrant 2:
Static Reading: 58 psi
Flow Reading: 32 psi = 952 gpm
Residual Reading: 52 psi
Assign Date: 11/12/03
Tested By: FF II Aaron
Test Date: 11/15/03
Time Tested: 09:30 hours
AVAILABLE GPM AT 20 PSI RESIDUAL: 2,580 gpm
City Codes Accessed via Wcbsite www,bovnton-ocach,om
www,amlc!!aLcomibovnton bcach 11
Has applicant attended a pre-application meeting? . ~w _Date: 1.O,l15/03 /~/irlJ
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and must accompany all applications
submitted to the Planning Division (two (2) copies of application required).
PROJECT NAME: Delray- Boynton Academy
AGENT'S NAME: Marty Madura
ADDRESS: 1911 NW 15th Street, Pompano Beach, FL 33069
PHONE: ,(954)960-1550
FAX: (954)960-0747
OWNER'S NAME: Keith D Kern
(or trustee)
ADDRESS: 50 SE 4th Avenue, Delray Beach, FL 33483
PHONE: (561)276-4146
FAX: (561)276-3859
PROJECT LOCA TlON: NW comer of Martin Luther King Jr Blvd and Railroad Avenue extending to NE 11th AI
(not legal description)
peN NUMBER:
O~-Y:J- 'ff~;;U-2]-oO/ -fJO~/
<Ji1.-~..?-~.j--:".J/- .22- oo6-ao~/
CORRESPONDENCE ADDRESS: * Delray-Boynton Academy
900 N Seacrest Blvd
(if different than agent or owner)
*This is the only address to which all agendas, letters and other materials will be forwarded.
Date Submitted: 10/15/03
Applicant's Name: Delray-Boynton Academy
Applicant's Address: 900 N Sea crest Blvd
Boynton Beach, FL 33435
Phone: (561) 736-8828
Fax: (561) 736-8659
Legal Description:
Exhibit "A"
P' D ,. A charter school for the middle grades. The students are made up of primarily neigh boor
roJect escnptlOn:
resident who attend school at our present location @ 900 N Seacrest Blvd, Boynton Beach.
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Agent S' nature'
The Owner has hereby designated the above-signed person to act as his agent in regard to this petition.
(To be executed when Owner designates another to act on his behalf.)
I. GENERAL INFORMATION
a. All property owners located within (400) four hundred feet surrounding the subject parcel
shall be notified.
b. The ownership of all surrounding properties as submitted by the applicant, shall be
reviewed by the City Clerk, who shall notify the owners by regular mail of the date and
purpose of the public hearing held in conjunction with the conditional use application.
c. Notice of the public hearing shall also be advertised in a newspaper published in the City
at least ten (10) days in advance of the hearing.
d. At the public hearing held by the Planning and Development Board and Community
Redevelopment Agency Board (CRA), evidence for or against may be presented.
e. The Planning and Development Board or CRA may recommend, approval with
modification or denial of the application subject to the standards provided in Ordinance
No. 76-46. A written report of the Board's findings shall be fOIwarded to the City
Commission.
f. At a regular meeting, the City Commission may approve, approve with modification or
deny the application subject to the standards provided in Ordinance No. 76-46.
g. Each new application for conditional use approval shall be accompanied by a fee payable
to the City of Boynton Beach as per the fee schedule, as well as addressed envelopes for
property owners to be notified.
h. Each application for an extension in time of a conditional use approval shall be
accompanied by a fee payable to the City of Boynton Beach for one hundred and twenty-
five ($125) dollars. Such application shall be submitted to the Planning Director not less
than 45 days prior to the expiration of the approval.
1. Representative of the proiect mllst be present at all Technical Review Committee.
Planning and Development Board. or CRA. and City Commission Meetings held to
review this project.
II. CONTENTS OF THE CONDITIONAL USE APPLICATION
Application for conditional use shall contain two (2) copies of the following items:
a. Statement of the applicant's interest in the property to be developed, including a copy of
the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple title holders of record of the
subject property are, and the nature and extent of their interest therein, and:
1. If joint and several ownership, a written consent to the development proposal by
all owners of record, or
2. If a contract purchase, a copy of the purchase contract and written consent of the
seller/owner, or
3. If an authorized agent, a copy of the agency agreement and written consent of the
principal/owner, or
4. If a lessee, a copy of the lease agreement and written consent of the owner, or,
5. If a corporation or other business entity, the name of the officer or person
responsible for the application, and written proof that said representatives have
the delegated authority to represent the corporation or other business entity, or in
lieu thereof, written proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an
accurate legal description of the subject property, and the total acreage computed to the
nearest one-hundredth (1/100) of an acre (these two surveys are in addition to the surveys
required on page 6 of this application, Sec. III. 19.).
c. Vicinity map, showing the location of the subject property in relation to the surrounding
street system.
d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the
subject parcel, and a complete list of the property owners' names, mailing addresses and
legal descriptions. The owners of property shall be those recorded on the latest official
County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge, said list is complete and accurate. Contact: Palm Beach County,
Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL.
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall
be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately submitted. Incomplete site plans
will not be processed.
(Please check)
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II
II
II
1. Boundaries and dimensions of the parcel.
2. Scale, graphic scale, north arrow, and date.
3. Adjacent properties or land uses.
4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes,
driveways and unimproved rights-of-way within one-hundred (100) feet of the site.
Also, names of adjacent streets and rights-of-way.
II
5. Location of all proposed structures, and any existing structures that are to remain on
the site.
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6. Setbacks of all structures (over 3 ft. in height) from property lines.
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V
V
V
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V
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7. Use of each structure, indicated on the site plan.
8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential
structure, to be indicated on site plan.
9. Indication of height and number of stories of each structure.
10. Indication of structures, equipment, etc., above 45 foot height, including height in
excess of 45 ft.
II. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structure.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures; including materials, surfaces,
including roofs.
15. Indication of the numbers and types of recreational facilities to be provided for
residential developments.
16. Indication on site plan of location, orientation, and height of all freestanding signs
and wall signs.
17. Location of walls and fences, and indication of their height, materials, and color.
18. A landscape plan, showing conformance with the Landscape Code and Tree
Preservation Code, and showing adequate watering facilities. Plants must be keyed
out according to species, size and quantity.
19. A sealed survey, by a surveyor registered in the S tate of Florida, and not older than
six (6) months, showing property lines, including bearings and dimensions, north
arrow, date, scale, existing structures and paving, existing elevations on site, rights-
of-way and easements on or adjacent to the site, utilities on or adjacent to the site,
legal description, acreage to the nearest one-hundredth (1/100) of an acre, location
sketch, and surveyor's certification. Also, sizes and locations of existing trees and
shrubs, including common and botanical names, and indication as to which are to be
retained, removed, and relocated, or replaced.
20. Location of existing utility lines on or adjacent to the property to be indicated on the
site plan, in addition to being shown on the survey. Also, location of existing fire
hydrants on or adjacent to the site.
21. Location of additional fire hydrants, to meet standards set forth in Article X, Section
16 of the Subdivision and Platting Regulations.
22. Fire flow calculations justifying line size for both on/off site water lines.
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23. Sealed engineering drawings for proposed utilities, as per City specifications.
24. Information regarding form of ownership (condominium, fee simple, lease, etc.).
25. Location and orientation of garbage cans or dumpster facilities. All garbage
dumpsters must be so located to provide direct access for the City front-endloaders,
and the dumpster area must be provided with adequate width and height clearance.
The site must be so designed to eliminate the necessity for the front-end loader to back
into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot
(la' x 10') concrete slab shall be provided. All dumpsters must be screened and
landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A
minimum 10-foot wide opening is required for dumpster enclosures.
26. A parking lot design and construction plan showing conformance to the City Parking
Lot Regulations, and including the following information. Any exceptions to the
Parking Lot Regulations that are proposed for that are continued will require an
application for variance to the Parking Lot Regulations.
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car stops, and double striping.
c. A cross-section of materials to be used in the construction of the parking lot.
d. A lighting plan for the building exterior and site, including exterior security
lighting, and lighting for driveways and parking lots; to include the location of
lighting standards, direction of lighting, fixture types, lamp types and sizes, and
average illumination level(s) in foot candles.
e. Information showing conformance with the City Street and Sidewalk Ordinance,
including construction of sidewalks along adjacent public streets.
f. Location of existing and proposed public and private streets, including ultimate
rights-of-way.
g. On-site traffic plan, including arrows and other pavement markings, traffic signs,
and stop signs at exits.
h. Location of handicap parking spaces, plus signs and access ramps, consistent with
the State Handicap Code.
1. A drainage plan for the entire site, including parking area; to include finish grade
and pavement elevations, drainage calculations, and details of the drainage
system. If the total impervious area on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations must be prepared by an engineer
registered in the State of Florida, and must be sealed. Percolation tests must by
provided with drainage calculations.
J. Existing elevations on adjacent properties, and on adjacent rights-of-way.
27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands
(Environmentally Impact Study) must be submitted to the Palm Beach County
Department of Environmental Resources Management (copy to City) prior to or
concurrent with the submittal of the site plan to the City.
28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with
the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of
the analysis shall be submitted with all conditional use applications.
NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of
the site plan application.
v
29. In addition to the above requirements, the following items shall be submitted to the
Planning and Zoning Division no later than the site plan deadline:
a. One copy of colored elevations, not mounted, for all buildings and signage to be
constructed on site. These elevations must be of all sides of each type of building
and signage proposed and the colors proposed must be accompanied by a
numerical code from an established chart of colors.
b. Elevations must also include information related to building materials. All
elevations must be submitted on 24" x 36" drawings. Buildings constructed will be
inspected on the basis of the elevations submitted to the City and approved by the
City Commission. Failure to construct buildings consistent with elevations
submitted will result in the Certificate of Occupancy being withheld.
c. A transparency of the site plan (maximum size of 8-1/2" x 11 ") or 8-1/2" x 11"
reductions of submitted plans to be used at public hearings. However, the Planning
and Zoning Division will not be responsible for poor quality transparencies which
result from the submission of poor quality site plan blueprints, and poor quality
transparencies will not be presented to the Planning and Development Board or
CRA and City Commission.
d. Colored photographs of surrounding buildings (minimum size 8" x 10").
30. Any other engineering and/or technical data, as may be required by the Technical
Review Committee to determine compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the Technical Review Committee, if such information
is deemed to be non-essential by the Committee.
IV SITE DATA
The following information must be filled out below and must appear, where applicable, on all
copies of the site plan.
1. Land Use Cate20rv shown on the Comprehensive Plan Future Land Use Map:
MEDR
2.
Zonin2 District
R2
C2
3. Area of Site 0.87 ac
4. Land Use - Acrea2e Breakdown:
'b. Recreation Areas * (excluding water area)
acres %of
acres % of site
acres % of site
acres % of site
acres % of site
0.87 acres 100 % of site
acres % of site
acres % of site
acres 100% of site
a. Residential, including
site surrounding lot area or grounds
C. Water Area
d. Commercial
e. Industrial
f. Public/Institutional School
g. Public, Private, and Canal Rights-of-Way
h. Other (specify)
1. Total area of Site 0.87
Including open space suitable for outdoor recreation. and having a minimum dimension of
50 ft. bv 50 ft.
5. Surface Cover
a. Ground Floor Building 8640
("building footprint")
sq. ft. 24
% of site Area
b. Water Area
sq. f1.
% of site
c. Other Impervious Areas, including paved area of public & private streets, paved area of
parking lots and driveways (excluding landscaped areas )and sidewalks, patios, decks, and
athletic
courts sq. ft. % _of site.
sq. i1.
25
% of site
d.
Total Impervious Area 9059
e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec.
7.5- 35(g) of Landscape Code). 1843 sq.ft 5 % of site
f.
Other Landscaped Areas, excluding Water Area 5963
sq. ft.
17
% of site
g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding
Water Areas 19190 sq. ft. 53 % of site
h.
Total Pervious Areas 26,996
sq. ft. 74
% of site
I.
Total Area of Site
36055
sq. ft. 100% of site
6. Floor Area
a. Residential
b. C ommerciallOffice
c. Ind ustriallW arehouse
d. Recreational
e. Publ ie/Institutional 8640
f. Other (specify)
(J Other (specify)
b'
h. Total Floor Area
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
7. Number of Residential Dwelling Units
a.
Single-Family Residential
dwelling units
b.
Duplex
dwelling units
c. Multi-family (3 + attached dwelling units
1) Efficiency
dwelling units
2) I Bedroom
dwelling units
3) 2 Bedroom
dwelling units
4) 3+ Bedroom
dwelling units
d.
Total Multi-Family
dwelling units
e. Total Number of Dwelling Units
8. Gross Densitv
9. Maximum Hei!!ht of Structures on Site 14'6" feet
10. Required Off-Street Parkin!!
Calculation of Reg uired Parking Spaces 14.1
Off-Street Parking Spaces 16
Number of OfT-Street Parking Spaces 16
Provided on Site Plan 16
dwelling units per acre
1
stories
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be
approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in
strict compliance with the form in which they are approved, and any change to the same shall be deemed
material and shall place the applicant in violation of this application and all approvals and permits which may
be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcement of the same.
',/,~.A/ /J L~ /
READ, ACKNOWLEDGED AND AGREED TO this ./Y day of ( A;t..q;vry
~~
~~~
~ Appfi t
NOTICE TO APPLICANTS
FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach shall be accompanied by the list of 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 and addressed envelopes
CONTACT: PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
AFFIDAVIT
STATE OF FLORIDA
)
)
)
S.S.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALL Y APPEARED
DULY SWORN, DEPOSES AND SAYS:
, WHO BEING
That the accompanying Property Owners List is, to the best of his knowledge, a complete
and accurate list of all property owners, mailing addresses and legal descriptions as
recorded in the latest official tax rolls in the County Courthouse for all property with
Four Hundred (400) feet of the below described parcel ofland.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SA YETH NOT.
/'~~
(Signature)
Sworn to and subscribed before me this /.5.:tl, day of (JeT A.D., 200
=:;:;z ~ ,,',W~Y"'" Stephen Sample
---- ~ /~~~~t>\ Com!TIission #DD230664
:;';" "{;,~;~ Expires: Jul 09, 2007
-',;"i o"~o",~,,, Bonded Thru
'111111\\\ Atlantic BondinllCo.,lnc,
Notary Public
State of Florida at Large
My Commission Expires:_
20
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June I, 1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste,
recreation, park, and road facilities) would be available to serve the project, consistent with the levels of
service which are adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements which, in and by themselves,
would create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the
demand for any public facility.
Any other application which, in and by itself, would establish the density or intensity of use of
land, or a maximum density or intensity of use of land.
*
Applications for development orders and permits submitted after F ebruarv L 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County
Traffic Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency
Management Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and
either the final plat or the preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990, and the use of the property is
consistent with the general use which was intended for the property at the time of platting.
Applications for the development of property which was platted prior to January 13, 1978, the
area of the platted lots does not exceed 2 acres, and the proposed use would not generate more
than 500 net vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior
to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional
Impact, and which are consistent with the approved DR!.
Applications for approval of tinal plats, if the preliminary plat and application for Palm Beach
county Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not
increase the demand for any public facility.
Please be advised that these exemption rules are tentative and will be subject to final approval by
the City Commission. If you have any questions concerning the proposed Boynton Beach
Concurrency Management Ordinance, please contact the Boynton Beach Planning Division at
(561) 742-6260)
Rev, 10/16/01
. OCT 14 2003 1:47PM
(AleL ~ J
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QCJ\~c.:c.
LASERJET 3200
10.2
Nav-JO-eooo 08:39. I 00-4561:9
ORB j, 2: j, 6. 3 Pg j, 090
Can 25,000.00 Da~ 175.00
111I11111 D IUIIIIlIIIIIIIIIIII IIIU 11110
This Inauument Prepared by
KEITH D. KERN, ese:.
p~y & KERN. ?.A.
50 S.E. 4th Avenue
Datray Bead1. Fl J3483
Re~rd and Return to:
PROPERTY CONTROL ;;. 08~-45-2' -22..QOS.Q021
WARRANTY DEED
TO TRUSTEE OF LAND TRUST
THIS WARRANTY DEED, executed this z.2.~ day of Novemcar, 2000, by md between
ROSERT WINDER, a married man, Grantor"', to KEITH D. KERN, Trustee of the ~CCA L:\ND
TRUST dated Novemcer 22, 20aC, hereinafter called :he Grantee-, as Trustee I neer F:crica
Statute 389.071 whcse accress is 50 Soutr:east 4111 Avenue, Delray Beach, Florica l3483.
:i'Nherever usee! nerein [he terms HGranror' and NGrantee., shall include singular anc ;;Iural, heirs,
/eqal represenratives and assigns of fne!ivldua/s, and the successors and assigns of :orporarions,
wnerever the comext so ac!mits or reauires.)
WITNESSETH, :hat sald Grantor, fer and In consideration of the sum of 1 ~N ($1 C. OC)
::OLLP.RS, ar:d other good and valuacte consideration receipt whereof is hereby ac :nowledgea,
nereby grants, bargains, sells, aliens remises, releases conveys and confirms unto th: Grantee, all
:hat certain land situate :n the County cf ,:lalm Eeach, State of Florida, hereinafte ' scmetimes
referred to as 'tt;e Premises", te-wit:
SEE EXr.lBIT "AU ATTACHED HERETO AND MADE PART HEREOI'
The above-described real property is not now the i7cmestead cfthe above-na ned Granter
8S defined unc!er the laws anc C:onstitution cf the State of Fiorida.
SUBJECT TO covenants, easements, and restrictJons of record; existing z::ning and
governmental regt.:lations and ad valorem reai property taxes forthe year of 2001 anc subseque~t
years.
TOGETHER with all the tenements, heredItaments and appurtenances there 0 belonging
or :n anywise appertaining.
TO :-iA VE AND TO HOLD, the same in ~ee simple absolute forever, and furtt ar
TCHA VE AND TO HOLD, the premises with the appurtenances on the trust~ and for the
uses and purposes set forth in this Warranty Deed and in the Land Trust Agreement
AND :he Grantor hereby covenants with said Grantee that the Grantor is lawft; ly seized of
OCT' 14 2003 1: 47PM
LASERJET 3200
p.3
ORB :121G~ ~ Pg 10'9J.
said land in fee sim pIe; that the Grantor has good right and lawful authority to sell anc convey said
I,and, and that the said Grantor does hereby tully warrant the title to said land, and w II defend the
same against the lawful claims of all persons whomsoever.
Authority of Trustee
Full power and authority is granted to the Trustee under Sections 689.071 a ld 737,
F!orida Statutes, including, but not limited to, the power and authority to: (a) protect conserve,
improve, manage, and subdivide the Premises or any part of the Premises; (b) dedi :ate parks,
streets, highways, or alleys and vacate any subdivision, and to resubdivide the Prer 1ises as
cften as desired; (c) ccntract to sell; (d) grant options to purchase; (e) seil on any te 'ms; (f)
convey either with or without consideration; (g) ccnvey the Premises or any part to i successor
cr successors :n trust and to gram to the successor or successors in trust all of the iUe, estate,
j:owers. ar.o authorities vested in the Trustee; (h) donate, dedIcate, mcrtgage, pled e, or
orr.erwise Grant and enC'Jmber the Premises. or any part; (i) lease the Premises, or my par:
from time to tirr.e, in ~cssession or reversicn, by lease to commence in the present lr in the
ft..;ture, and on any terms and for any period of periods of time, and to renew or exte ld leases
en any terms and for any perioc or periods of time, and to amend, change, or medii; leases
and the terms and provisicns at any time; U) cnntract to make leases and grant opti lns to lease
and renew leases, and o~ticns to ;:urchase the whole or any part of the reversion c: 1C to
contract respectir.g the manner of fixinG the amount of present or future rentals; (k) )artitlon cr
exchange the ,:::rarr:lses, or any part, for other real or personal property; (I) grant ea: ements or
charges of any kiliC; (m) release, convey, or assign any right, title, or interest in or a Jout or
easements or charges of any kind; (m) reiease, cnnvey, or assign any right, title, or nterestn
or about or easements appurtenant to the ::lremises or any pan; (n) deal with the PI ~mises anc
everj par: in all other ways and for other considerations as it would be lawful for an: person
owning :he same to deal with the same, whether similar to or different from the wa~ s accve
specified, at any time; (0) ctherwise manage and dispose of the Premises; (p) cond :et
environmental assessmems, audits and site monitoring to determine compliance Will any
environmenta/law or regulation thereunder, to take all appropriate remedial action t ) contain,
dean up or remove any environmentaJ hazard indudlng a spill, release, discharge c '
contaminaticn, either on its owner ac:;ord er in response to an actual or threatened 'ielatlon cf
any environmental law or regulation thereunder, to institute legal proceedings cones l1ing
environmental hazarc:s or contest or settle legal proceedings brought by any local, s :ate, or
feceral agency concerned with environmental compliance, or by private litigant; to c :mply with
any Iceal state or federal agency order or cour: oreer directing an assessment, aba ement cr
cleanup of any environmental hazards; and to employ agents, consultants and legal counsel :0
assist in or perform the above undertakings or actions; (q) disclaim, in whole or in p; crt, any
interest in Premises for any reason, induding, but not llmited to, a concern that suet Premises
could cause potential liability under federal, state or local environmental law; to reql re, as a
prerequisite to ac::spting Premises that the donating party provide evidence satisfac :01)' to the
Trustee that the Premises is not contaminated any hazardous or toxic materials or S Jbstances
and the Premises is not being used and has never been used for any activities direc :Iy or
indirectly involving the generation, use, treatment, storage, disposal, release or disc large of
any hazardous or toxic materials or substances; and or set aside as a separate trus , to be
held, administered and distributed upon the same terms and conditions as those go' 'eming the
2
ocr'14 2003 1:47PM
LASER JET 3200
10.4
.-
ORB 12163 Pg 1a'9~
Trust of which it was a part, any interest in Premises, for any reason, including but I ot limited
to, a concern that such Premises could cause potentiat liability under federal, state lr local
environmental law.
Reliance bv Third Parties on Authority of Trustee
In no case shaH any part dealing with the Trustee in relation to the Premises or to whom
the Premises or any part shaH be conveyed, contracted to be sold, leased or mortg; ged by the
"Trustee, l::e obiiged to see to the application of any purchase money, rem, or mone~ borrowed
or advanced en :he Premises, er be obJi;ed to see that the terms of this trust have 'een
complied witl1, or tle obligee to inquire into the necessity or expediency of any act 0 the
T:'tlstee, or be obliged or privileged to inquire into any at the terms of the Land Trus
Agreement: and every deed. trust deed, mortgage, lease or other instrument exec:.r =c by the
Trustee in relaticn to the real estate shall be conclusive eVidence in favor of every i= ~rson
rell'ing on or claIming ~r.der any conveyance, lease, or other instrument; (a) that at he time of
tr.e de:iverj, t,,,e trL:st c~eated by this conveyance and ~y the Land Trt.:st Agreemen1 or in any
amendments and is binding on all beneficiaries; (c) that the Trustee was cdy autho: :zed and
empowered to execute and deliver every ceed, :rust deed, lease, mortgage, or othe '
instrument; and (d) if tr,e conveyance is made to a successcr or successors in trust that the
successor or successors in trt.;st have been property appointed ana are fully vested Nitl1 all the
title, estate, rights. powers, authcritles, dutles, and ocligation of his, her cr its prede :essor in
tr.Jst.
Interest of Beneficiaries
The interest of each and every beneficiary, and of all persons claiming unde! :hem or
any par: of them, shall be :r:ly in the earning, avails, and proceeds arising from the ;ale or
other disposition of :he real estate, and the interest :5 declared to be personal prope ....y, and no
benefic:ary shall have any title or interest, legal or equitable, in or to the real estate, s such, c:';:
only an imerest in the eamings, avails, and prcceeas.
Trustee Liability
The Trustee shall have :10 personal liability whatsoever and its liability shall t e limited
solely tc the value of the Premises and/or any other property or assets of the Trust.
Comclianca with Saction 689,071. Fiorida Statutes Annotated
This Deed :s intended to comply with aU provisions of Section S89, 071, Floric a Statutes
A,nnotated.
3
OCT 14 2003 1:47PM
, LASER JET 3200
p.5
ORB 1.216';:~ Pg 10"33
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and sea the day and
year first above written.
Signed, seaJed and delivered
in the presence of:
~r-
r~
19nature of Witness
r;/ //j '~
0~Jrf#, /')f~~ ~
R08ERT WINDER
/I?/? II/I~~ ;2. ...J"roq.1) n'-
?rimed Name or Witness
~~/~
Signature of Witness
L~~/J :I /. //J.<-<.-
?nmed Name oi Witness
STr.TE OF FLOP-lOA
C:::JUNTi OF PALM BE.~CH
The fcregoing instrument was acknowledged cetore me :his 2.2 day ciNo' emi:er,2CCC,
by ROBERT VVINCER, who is personaily known to me cr who has ,::rovided a rt.. ,hZ) vc,Z.: t:. / L
as identificaticn.
'~\'.:'_ MICHAE'- 1'. STOGCl~ \
4~~{""'j;>. cQWAlSSKlN I cc eaznr .
>~., .1Gf """" I
i"! !, EXPIRfll: DIGII1ICIf Z2. ~
~ . I5QIlDIIll1llll NolIIl' PUIltO ~
',i/..
~~
Nctarj Public - State of Fiorida
~ ;cJ..h:l.C,- ~. JTbr$ >;n:--
Printed Name of NotarJ Public
My Commission Expires:
<4
OCT, 14 2003 1: 47PN
I LASER JET 3200
10.6
ORB 12163 Pg 10'94-
DOROTHY Ii. WIl.J<EN, CLERJ< PB COUNTY I
EXHIJ3IT "A!f
The East 300 teet of Block "BP, less the ~ight-Jf-way of
the FEe Ra~lway, MEEKS AND ANDREWS ADDIT10N TO )OYNTON,
acCord1ng to the plat t~e=eof on file in the Of~ice of th
Cle~~ of ~he Circuit Court in and for Palm Beacl Ccun~y,
~l?rlCa, recordec ir. Plat Beak 5. page 84, publ~c recc~ds
SC~C lands Sltua~e. lYlna. and being in Pdlm Oe!ch Coun~y
Florida. -
LESS AND EXCEPT
Pa.:cal "AIt I - pcrtion -.ot' the Sa.~t ~OO filet Q:f Block. "13", 1-e83 ~i.e
rigbt~f-way o~ t.~Q FEe Rail way f MEtxs 4\.~D ANDREWS AOD!'l'J:M TO
ao1N'!'ON, &S r~~__d in "l:a.t Book oS, Pat;e 84, PA!..~ eE.A.CS ~ONT! I
FLCR:OA. ~.o:a p&rt::'~a=ly c1asc::ibad as f'cllow~: ~q1n.t inq at tba
Nort."lwes,: corner of the EalSt 30e fset of Block "En; thliiCC. wi th a
1::aarinq c2 East ror Ci. distancQ o~ 129.0 :QQt to a point i tJ1enCQ S 3
daqrQQs OS'23n Z for a ciatance of 73.26 ~eet to a point; thence We~~
for a distancQ of 122.9<l t'eet'to ~ poi:'lt; t:.~Qn~ N 1 CQg=" 3"POO" N
for a. distance of 73 .~O feet ntOr-a or less to t.."'1e ~!NT 0: mlG!mT!NG.
Contalninq 9216 ~~a=~ feet mora 0:' le.ss.
Tog9the::" wi t.:'1: Parcel "e" I a portiQn of the Ea3 t 300 fl!E t Qf Sleck
"sn lass t..'1Q right-of-way of tnQ n.C Railwa.y r ~E:<S A.~D J. NDUWS
AOOI'l'!ON TO BO~N'l'ON I as racorded in Plat Sook 5 f ?age 84 I . P.ALM BEACH
CCONT? ~ ~R~. Mora p.a.rticulu-ly c1GscribGd as follows ~, cemmQnci~
at t..'1.a NQrth'Wiilat. =:ne.r Q~ e.."'te &~t 300 t'e$t o~ Sloek 1113": th'6neG
wi. t..."'1 . beari.nQ oZ S l cia.c;r&e 37' 00" 1: ro:: is d:i..,Unce Q~ '; J .20 reet: to
t:re poine of J:eq~nninq; th~ncQ b~t ~Qr a eisbne4 ~ !:2:. SO f'e~t to
a poi~t; th~nCQ S 3 ~ee8 09r23~ W ~or a dis~~cQ o~ 7E.S9 f~~t to
a peint; thence Wes't ~or a diatancliiI or 116.50 ~aet to a j:oint; then
N 1 daqree 37.00~ W :or a distance o~ is.SO ~&et ~r8 Q:: le~~ to ~he
Point gf BegirJUng;' '
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ALT.A OWNER I S POLICY
Issued with Policy No:
Sc..~:cULE A
POLI2Y NO. :A~Al-99-034906
ORDER NO.: 00 116302
:CATE O? POLICY: NOVEMBER 30, 2000 @ 8:39 A.M.
AMOt~ OF POL:CY: $ 25,000.00
NA..1-v1'.E OF !NS\JR;:.""'D: :<E:':'H:C. KER-"'J I TRUSTEE: OF THE RODA LA..'T.) :'RUS':'
DA~D NOv~~BER 22, 2000
'!::e esr.a:e or :.n:e:::-est ir: che la.."1G. wh'::'ch ':'5 cove:::-ed . ,;[ t::.:.s
:;:olicy :.3:
?~E S I~-1P~E
2. :'ic':e to the esta::::!! OJ:' :.::cerest :.n the la::d ':'.3 veste<, i:::
;C::::'H D. KE~r I TR.CST:::~ OF T:-t::: RODA. v..NI:: T~US':' DA:'ED lCVEMBE:?. 22,
2COC
"l
:'r.e ~aLc. ~efe~rec. to i:: ~h'::'s
~,..... , ~~ ~
::,v___ .......:
is c.escr.:.bed as : o~':ows:
SEE EX:-:IB:T ".:;''' ATT.~CHE:C rtERETO x-r:c MADE A PART EEREC F
3y v:.r:ue of De:!!c. wherein the Lamed ins~red heJ:'e;n appeaJ:'S
as Grar:tee, same hav.:.ng beeL recorded i:: Officia: ~ecords
300k :2163, at Page 1J90, c: :he Publ.:.c Records of la':m 3each
2CULty, P':crida.
)rCTE:
;lcl'::'::y,
of Pa2.m
A" references to recorded i::st~~ment.3 containec
:::-efer to :.nstr~ments recorded amor.g t~e Public
each Co~~~y: ?lorida.
in t:-:i s
Records
C Aut~cr~zed
Officer
This Policy is invalid ur:less t~e cover
sheet and Sc~edule B are at~ached.
DIC.
330: W. 3ovnton Beach Blvd. Suit ~
Bc~ton Beach, ?lorjda 33436
( 5 6 l ) 3 6 9 - 53 OaF aJl ( 5 6 1 ) 3 6 9 - 5 12.
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POLICY NO. :ATAl-99-034906
SCHEDULE B
This :901icy does not i::::su::e agains,: loss or damage b" reason of
the following:
Taxes fer the year 2001 anc. any taxes and assessment. L levied or
assessed subsequent: to the effecti"Ve da':e hereof. Sa. ,d ta:<:es
become a lier. as of J~uari 1, 200:. but are not d~e ..nd payable
uncil November cf 2001.
:. R~ght cf way for Railroad F:ler.~e as now set: c~t ar.d n use.
~
.
R:..ght c: way for the ;'EC Railway as ::::a"C set: cut ar:.d . ..se.
4. ~est:::cticns, reservaticns and ease~er.ts, as rese~re(,
or. t::.ac certa:..r. Plat 0: S~c.i"Vis:cr., recorded ir. ?:a'
at pase 34.
ar.d s!:o'Nr:
Beck 5,
-. Rese::-Taticns :.r. fa'lor of :he :':r'..:.scees cf t:-:e :::::erna:
!mpreve~enc ?~~d of t::.e State of ?lo::ida, as conca:::l C :::
:::strt:~er.t :-ecc:-ded i:: Deed 3eck 698 I at Page 311. JOTE: ?ig::.c
of 9~rface en::::-y and explora:::'::::: :'1as J::eel'l re2.eased pl=suar:t ::0
;'.S. 2'70.::'(2).
6. SU::-J'e:r ;:repa=ed by C::=is::opher J. Hut::' ~a::1.d Su.r"'..eyi::~ , dated
Nev. 28, 2000, r:e=eDY :-evea2.3 ehe follcwi::::g:
a. Enc=eac::.mer.:: of Curb en::c i::sured preT~ses i::1.
the Northeast corner.
b. Enc=oac::mer.:: of Overhead ~:"res and Woed Pewer ~( le
en::::: i::sured premises on t~e East proper::y line
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EXHIRIT "A"
The East 300 r'eet af,Block "B", less the right.of-way of
the FEe Ra~lway, MEEKS AND ANDREWS ADDITION TO BOYNTON,
ace 0 r C ~ n 9 t " the p 1 a t t 11 e =- eo fan f ~ 1 e in the 0 f fie e aft. e
Clerk of ~he Circuit Court in and fer Palm Beach Ccunty,
:lo~ida, record~d in Plat Baak 5, page 84, public record,
said lands Sltuate, lYlng, and being in Pclm Geach Coun~
F'loridc.
LESS AND EXCEPT
'Pa:-cal itA", 1iL pc~ticn-of the ~a.!lt 300 fSQt c~ alock "Eft, 1~s3 the
t'i~ht-of-way of thQ FEC RailwaYI ~tl<S AND AND~WS ADD!'!': ,ON TO
no'rnTCN, <<3 r..acor:i.d in Pla. t Book 5, PtlqQ 84, PAL~ BEACH COUNTY I
FLCRICA. Mora ~rticulazly dascribad as ~cllcw~: EQqinldnq at thG
Northwest corner of the Sa3 t 300 fsat of Sleck "5"; t."'GOl:. wi th a
bQa~inq o~ East ror a dlstancQ o( 129,0 fQQt to a point: thenCQ S 3
dQ~:Qes 09'23n E for a distance of 73.28 feet to a point thence Wes
fo:" a distancQ of 122.'90 t'eQI:'to ~ point,' th~nca N 1 dQC;:'~ 37'00" W
for a distance of 73.20 feet more or less ~o th~ POINT 0 ' BEGINNING.
Contalnin9 9216 squarQ fQ~t mora or less.
'rog9ther wi th: Parcel. tic" I ;. portion Qf the East 300 fel!t of Block
"8" lass the rigoht-of-way of thQ FEe Railway r MEEKS AND .INOREWS
ADD!TION TO EOYNTON'j a.3 recorded in Plat Eook 5, Page 84 . PAL.1.,f BEACH
COUNTY, ~RIDA" MorG partioularly dQac~ibgd as follow$ , commancin
at thQ No.rthw-cUl't co~n4r o~ t.'-le t3.& t 300 ,fQet oe alock "13 I; tnenca
...,ith . ~a:r1nQ of S 1 ca(j;jreQ 37'00" E !'o:r: a di4tance o:t "3..20 feet t
the point: of beginning,' thence ea~t for a di8t~nCQ of 1:2::.90 feet: to
a poibt; t:hQncQ S 3 d&g~eea 09'23" W fo~ a distance of 7 ;,B9 fQet to
a pOint; thQn~a Wast ~or a d1stancQ o~ 116.50 feet ~ a l~int; thene
N 1 daqre.e 37.'00" W ~Qr ... diatanC:eI o~ '1G. eo f'oet mere Qr 18.3:3 to the
Poin~ of SQginning; .
~.
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l2/:%/OO 09:l5 FAX 561276J839 PERRY + KERN PA
r'
p. 10
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jil1ls Instrumont PrllCllrlld by
KEITH O. KERN, ESe.
PERRY & KERN, P.A.
SO S.,:. ..lh Allenue
Oalray Buch, Ft 33483
Oec-a9-'C0l/l0 04:2:5111 00-4976';
ORB 1 222~ ~Pg 365
Clln 44, _~ 00 Doc 308.00
1IIIIUIlIBIIIUlIIVIIII U OIDII 111111 1111 III
Record ~d Return to:
PRCP:RTY :ONTROL '#
WARRANTY DEED
TO TRUSTEE OF LAND TRUST
THIS WARRANTY DEED, exec:Jted this .2:2L day of December, 2000, b~ and between
Q\JETA J. CLA-RK, a married woman, Grantor", to KE1TH D. KERN, Trustee of the RODA LAND
TRUST dated November 22, 2COO. hereinafter C3l1ed the Grantee.... as Trustee mder Florida
Statute 3689.071 whose acdress is 50 Southeast 4111 Avenue, Delray Beach, Florid 1 33483.
(Wherever used herein the terms ~Grantor" and "Grantee", shalf Inc!ude singular ani r plural, heirs,
legal representatives and assigns of individuals, and the succassors and assigns 01 corporations,
wher~ver the context so admits or rsquires.)
WITNESSETH, that saio Grantor, far and in consideration of the sum of' 'EN ($10.00)
DOLLARS, and other good and vaJUable consideratIon receipt whereof is hereby a~ knowledged,
hereby grams, bargains, seJls, alJens remises, releases conveys and ccntfnns unto tl' ~ Grantee, all
that certain lar.d situate In the Caunty of Palm Beach, State of Florida. herelnaftl ,. sometJmes
referred to as 'j'Je Premises') to-wit:
SE: EXHIBIT "A. ATTACHED HERETO AND MADE PART HEREC:
,'j The above-de.scribed real property is nor now the homesfBad of the above-m mad Granter
\ ,~ ' J as defined under the laws and Constitutlon of the State af Fiorida. The above d lscribed real
U j1'roperty is vacant land.
. cO /
/,
o b//[: SUBJECT TO covenants, easements, and restricticns af record; exIstin~ zoning and
/4-'\ governmental regulations and ad valorem real property taxes for the year of 2001 anc subsequent
\1.; 1 \i years.
I
TOGETHER with all the tenements. hereditaments and appurtenances there to belonging
or in anywise appertainIng.
TO HAVE AND TO HOLD, the same in fee simple absolute forever; and furt ler
TO HAVE AND TO HOLD, the premises with the appurtenances en the trust; and fer the
uses and purposes set forth In this Warrantt Deed and in the Land Trust Agreemen .
Page 1ot4
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AND the Grantor hereby covenants with said Grantee that the Grantor is laWl .Illy seized of
said land in fee simple; that the Granter has good right and lawful authority to sell ant. convey said
land, and that the said Grantor dees hereby fully warrant the title to said land, and ~ ill defend the
same against the lawful claims of all persons whomsoever.
Authority of Trustee
Full power and authority is granted to the Trustee under Sections 689.071 ,nd 737,
Ficrida Statutes, including, but not limited to, the power and authority to: (a) protec~ . consefile,
improve, manage, and subdivide the Premises or any part of the Premises; (b) dee cate parks,
streets, highways, or alleys and vacate any subdivision, and to resubdivice the Pre nises as
eften as desired; (c) c::ntract to sell; (d) grant aptions to purchase; (e) sell on any t, ,rms; (f)
convey either with or without consideration; (g) convey the Premises or any part to 3 suc::essor
or successors in ~rust and to grant to the successor or successors in trust aU of the title, estate.
powers, and authorities vested in the Trustee; (h) donate, dedIcate, mcrtgage. plec ;e, ar
CiherNise grant and encumber the Premises, or any pal1; (Q lease ~he Premises, 01 any part
from :ime to time. in possession or reversion, by lease to commence in the presem ar in the
future, ane on any terms and fer any period of periOds of time, and to renew or ext: :nd leases
on any :erms and for any period or periods of time, and to amend, change, or mod 'y leases
and the terms and provisions at any time; U) contract to make leases and grant Opl ons to lease
and renew leases. and aptions to purchase the whole or any part of :he reversion md to
contract respecting the manner of fixing the amount of present or future rentals; (k: partiticn or
exchange the Premises, or any part, far other real or personal praperty; (I) grant ee sements or
charges af any kind; (m) release, convey, ar assign any right. title, or interest in or lbout or
easements or charges or any kind; (m) release, convey, or assign any right, title, 0 interest:n
or about or easements appurtenant to the Premises or any part; (n) deal with the F ,emises ar.d
e'Jer) ;Jart in all ether ways and far ather considerations as it would be iawful for ar y person
owning :he same to deal with the same, whether similar to or different from the We 'IS acove
speCified, at any time; (0) otherwise manage and dispose of :he Premises; (p) conluct
environmental assessments, aucits and site monitoring to determine compliance '^ :h any
environmental law or re;ulation thereunder; to take all appropriate remedial action :0 contain,
clean up or remove any environmental hazard including a spill, release, discharge lr
contamination, either on its owner accord or in response to an actual or threatenec violation of
any environmental law or regulation thereunder, to institute legaJ proceedings cone =rning
environmental hazards ar contest or settle legal proceedings brought by any local, itate, cr
federal agency concerned with environmental compliance, or by private litigant; to :omply with
any local state or federal agency order or court order directing an assessment, ab 1tement or
cleanup ot any environmental hazards; and to employ agents, consultants and leg. .I counsei to
assist in or perform the above undertakings or actions; (q) disclaim, In whole or in ,art, any
interest in Premises for any reason, including, but not limited to, a concern that sue h Premises
could cause potential liability under federal, state or local environmental law; to rec.lire, as a
prerequisite to accepting Premises that the donating party provide evidence satlst ctory to the
Trustee that the Premises Is not contaminated any hazardous or toxic materials or substances
and the Premises is not being used and has never been used for any actlvitles din ctJy or
indirectly involving the generation, use, treatment, storage, disposal, release or dis ~harge of
any hazardous or toxic materials or substances; and or set aside as a separate trt,; ;t, to be
Page 2 at4
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held, administered and dIstributed upon the same tenns and conditions as those g lverning the
Trust of which it was a part, any interest in Premises, for any reason, including but :1ot limited
to, a concern that such Premises could cause potentia! liability under federal, state or local
environmental law.
Reliance bv Third Parties on Authoritv of Trustee
In no case shall any part dealing with the Trustee in relation to the Premise i, or to whom
the Premises or any part shall be conveyed, contracted to be sold, leased or mort~ aged by the
Trustee, be obliged to see to the application of any purchase money, rent, or manE y borrowed
or advanc..ad on the Premises, or be obliged to see that the terms of this trust have been
complied with, or be obliged to inquire into the necessity or expedIency of any act I f the
Trustee, or be obligee or privileged to inquire into any of the :erms of the Land Tru ;t
Agreement; and every deed, trust deed, mortgage, lease or other instrument exec: ted by :he
Trustee in relation to the real estate shall be conclusive evidence in faver of every )erson
relying cn or claiming under any conveyance, lease, or other Instrument: (a) that a the time of
tr.e delivery, the trust created by this conveyance and by the Land Trust Agreemer t cr in any
amendments and is bincing on all beneficiaries; (c) that the Trustee was duly authi ,rized and
empowered ~o execute and deliver every deed, trust deed, lease, mortgage, or otn ~r
instrument; ana (d) if the conveyance is made to a successor or successcrs in tru~ :, that the
successor or successors in trust have been properly appointee and are fully vestet with ail the
title, estate, rignrs, powers, authorities, duties, and obligation of his, her or its pred :cessor in
tr..;st.
Interest of Beneficiaries
The imerest of eaCi! and every beneficiary, and of all persons claiming und :r them or
any part of them, shall be only in the earning, avails, and proceeds arising from thE sale or
other disposition of the real estate, and the interest is declared to be personal pro~ ~rry, and no
beneficiary shall have any title or interest, legal or equitable, in or to the real estate as such, bt.;t
only an interest in the earnings, avails, and proceeds.
Trustee Liabilltv
The Trustee shall have no personal liability whatsoever and its liability shall be limited
solely to the value of the Premises and/or any other property or assets of the Tru$
Camcliancs with Section 689.071, Florida Statutes
This Deed is intended to comply with all provisions of Section 689.071, FIOl da Statutes.
Psge 3 of~
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,,-ORB 1 aa;: a Pg 368
r ,tniY Ii. WI~ C1..ERK PB COUNTY,
IN WITNESS WHEREOF, Grantor has hereunto set Grantors hand and se. d the day and
year first above written.
Signed, sealed and delivered
in the presence of:
~ ~~ ,bL..0n ~~_
Signature of Witness
~~/
L, O\O-.!/irl ~(\.e ~c.. h
;rinted N.ame of \f\~Ii.tn tS
iQ,(} 7/)/-:
'-.. 'T>--./-/,;.,u I'.L. , rX-L"//;// ~
Signature at Witness
,j),.q. l? fZ:JJ 11 .4 c;:.~ !,..., f) i"/l A. 1"-/
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF PALM 8E.<.l,CH
..,..J
, The ~~regoing instrument was acknowledged before me this ~ day oiDl <:smeer,2COO,
oy . ~),.".... r=-~ (" ~ _ , who is personally known to I'l e or who has
prOVided a =-" \) ~,.",,- ~ ~'-' ~ .as identification.
-
CgCJJltv1a-; ~ ~
Notary Public - State of Fiorid.
~~~ A. G Ai:<.A r:;"JL D tlA 1\1
Printed Name of Notary Public
My Commission Expires:
E'i-t-ttt3rr
" f r
Ii
LO'!' ~ LESS FEC RArLWAY RIGHT OF WAY AND LOTS 3 AND 4 ALL lESS SOO'I'R
lO POO'!' ROAD RIGHT OF WAY, BLOCK 1, E. ROBRRTS ADDI~ION TC BOYNTON,
AS RECORDED IN PLAT BOOK 1, PAGE 123, OF THE PUBLIC RECORIS OF PALM
BEACS COUNTY, FLORIDA.
Page 4 of ..
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FUND QWNE..ll.'S FORM
SCHEDULE A
,.-,
Policy No.: OPM - 2 0 61 a 7 7
Effective Date: 12/2 g /00 Agent's File:Refcrenc: 00 - 8 6
04 : 25 . 00 p .m.
Amount of Insurance: S 44 , 0 0 0 . 0 0
1. Name of Insured:
:RoOCA !.AND TRUST
2. The estate or inter'C3t in the land described herein and which is covered by this policy is a ee simple (if other,
specify same) ami. is at the etIcctive date hereof vested in the named insun:d as shown oy in :rumcnt recorded in
Official Records Book 12:2:2 8 I Page 3 6.5 , If the Public Records
of PA.!J4 BEACS COWlty, Florida.
3. T..:e Land rci:::red to in this policy is described as follows:
LO':' :2 LESS P'!!:C' RA!LWAY RIGH':' OF W;'Y AND LOTS 3 Alm 4 .u c.. LESS SOU':'E
10 FOOT ROAD R!Gh~ O? WAY, B~CCX 1, Z. ROBz.RTS ADCIT!O~ TO BOYNTON,
AS RECORDED :N P~T BCOK 1, PAGE 123, OF Tn PCB~IC REC JRDS OF' PALM
EEACE COUN':'Y, F!..O~DA.
ISSUING AGENT - AITORNEY OR FIRM OF ATIOR..'\ffiYS
Colonial Ctr, Ste 1-201
1200 S. Federal Highway
MAILINO ADDRESS
21.9
AGENT ~O.
~ '
. . (. ~
Gmis~ ~
Martincavage . H~leman, LLC
Boynton Beach
CITY
. Plocida 33435
FUND Pom OPM.scH.A (llav. 1/98)
6]
(0'-" ~Ol.WINoI-i'Lo&CLU)
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FUND CWNF..ll'S FORM
SCBRDULE B
, ~
Policy orGuarantcc: No.: OPK- 2 06'1877
This policy or guanuuee does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this poliC'J or guarantee and taxes or special :lSiCSSIDents w, ,ich are not shown as
existing liens by the public records.
2. RightS or claims ofpart:ics in possession not shown by the public records.
3. Ellc:oachmcnts. overlaps, boundlUj' line disputes. and any other matters which would be discloserl . y an acCUI':lte survey
and inspection of the premises.
4. Easements or claims of casementS not shown by rr.e public records.
5. .J...ny lien, or right to a lien, for services, labor, or mat=iai heretofore or he1'C:ltter furnished, impserl by law and nor
shown by :he public records.
5. .J..ny adverse ownership claim by the State of Florida 'oy right of sovereigDty to any portion ,f the lands :nsurd
hereunder, including submerged, Slled and artificially exposed lands, and :ands accreted to such Lmris.
7. Taxes for the year 2001, and subsequent year3, which ar~ ~ot yet ~~e
anc. payab:'e.
a. Subject to any lie~ provic.ed by C~pter 159, ?lorida Statutesr in
=a7or of any ci~y, town, village or port a~thority for unpaid
ser~ices charges for se~~ices by any water, sewer cr gas system
serTing t~a lands descri~ec. ~erein.
9. Subjec<:
the plat
tc easamentsr =est=ict~ens and :aservations as contained in
=-ereot.
10. Facts ~hat ~ accurate su--vey would reveal.
11. Subjec~ to zoning regulations.
12. Subject to the Right 0: Way for ?lorida Ease Co~st Railroad.
13. Subject to Rig~t of Way for State Read No.5 eu.s. Hlshway NO.1).
14. Subject to Right of Way for Railroad Avenue.
15. The Property Control No. is a8-43-45-2~-27-001-0021. ~he 2000 Real
Estate Taxes were in ~ gross amount ot $817.90 and were paic.
December 28, 2000.
RiND Form OPM.SCR. B (Rev. Sl94) (4861
(OIlM ~&o/t OI.\VIN.l-PL-OPWB)
R
4
I
II /1
,G. ~:I)I f /l
LEGAL DESCRIPTION:
THE EAST 300' FEET OF BLOCK "B", LESS THE RIGHI-OF - WA Y OF THE
F.E.C. RAILWA Y, MEEf<S AND ANDREWS ADDITION TO BOYNTON,
ACCORDING TO THE PLA T THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BC':'CH COUNTY,
FLORIDA, RECORDED IN PLA T BOOK 5, PAGE 84 OF -111E PUBLIC
RECORDS, SAID LANDS STUA TE, L YI~JG AND BEI~JG II,J PALM BEACH
COU~JTY, FLORIDA,
LESS ,A,~JD EXCEPT
PARCEL "A", A PORTION OF THE E,ll,ST 300' FEET OF BLOCK "B", LESS
THE RIGHT -OF -WA,Y OF THE F.E.C. RAILWA Y, MEEI<S ,1l,~JD ANDREWS
ADDITION TO BOY~JTON, ,AS RECORDED IN PLAT BOOf< 5, PAGE 84, P,llIM
BEACH COUNTY, FLORIDA, MORE P,ll,RTICULARl_ Y DESCRIBED AS FOLLOWS;
BEGI~J~.JING 1l,T THE ~JORTHWEST CORNER OF THE EAST 300' FEET OF
BLOCf< "B"; THE~JCE WITH A BE,ARI~JG OF EAST OF A DISTANCE OF
129,00' FEET TO A POINT; THENCE SOT09'23"W FOR ,A DISTANCE OF
73,28' FEET TO A POI~JT; THENCE WEST f~OR /\ DISTAfJCE 122,90' FEET
TO A POIf\JT; THEf\JCE f\J01037'OO"W FOR '. DIST,ll,~JCE OF 73,20' FEET
tvlORE OR LESS TO THE POIf\JT OF BEGI~I~JIf\JG,
SAID LAf\JDS CO~JT A,I~JI~J G 9216 SOU ARE FEET tv10RE OR LESS,
TOGI rHER WITH:
P AR(~EL "(", A PORTION OF THE E,AST JO' FEET OF BLOCK "B" LESS
THE I~IGHT -OF - WAY OF THE F.E.C. Rp,/I NA Y, MEEf<S AND ANDREWS
ADDI TION TO BOYNTOf\J, AS RECORDED I J PLA T BOOI< 5, PAGE 84, PALM
BEA,Cf-j COUNTY, FLORIDA MORE P ARTICIIL,ARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE f\JORTHWEST CORf\JI=R OF THE EAST 300' FEET OF
BLOCI< "B"; THENCE WITH A BEARING SOl'37'OO"E FOR A DISTANCE OF
73.20' FEET TO THE POINT OF BEGINNING; THENCE EAST FOR A
DIST,ANCE OF 122.90' FEET TO A POINT; THENCE S03"09'23"W FOR A
DIST.ll,NCE OF 76.89' FEET TO A POINT; THENCE WEST FOR A DISTANCE
OF 116.50' FEET TO A POINT; THENCE f\101"37'00"W FOR A DISTANCE OF
76.80' FEET MORE OR LESS TO THE POINT OF BEGIf\JNING.
TOGETHER WITH LOTS 2, 3, AND 4, BLOCK 1, LESS THE RIGHT -OF -WA Y
OF F.E.C. RAILWAY AND LESS THE SOUTH 10' FEET THEREOF FOR ROAD
RIGHT-OF-WAY, E. ROBERTS ADDITION TO BOYNTON, ACCORDING TO THE
PLA T THEREOF; AS RECORDED IN PLAT IlOOK 1 , PAGE 123 OF THE
PUBUC RECORDS OF PALM BEACH COUf\1 ry, FLORIDA,
.'
.~
Time and Date ofMeetil1.;"'c/{!~ /
Tt\ose attending me ing:
t~ot "
3~
/0
t
laa~~
Applicant's Name:
PRE-APPLICATION CONTACT QUESTIONS
~azL-1. ~/1A<~ Phone: '1Ji- c!.J<(-l(o,tJV
f'
1. HAVE YOU SPOKEN TO Al"\fY STAFF MEMBER ABOUT THE PROJECT?
Yes No
(IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?,
STAFF MEMBERS NAl\1E:
2.
LOCATION OF PROPERTY (CR
"
~ S~~S/~~~~~O~S)
"
.Y.
WHAT WflULD YOU L]J(E TO DO?
t/ NEW PROJECT
BUILDING EXPANSION OR MODIFICATION,
CHA1"\TGE IN PRIOR USE?
IS THE STRUCTURE CURRENTL Y VACANT? ./
V ARlANCE TYPE: /J; /.-/( Ii--- ~ ccv-<-
POOL OR SCREEN ENCLOSURE
COl\.1MERCIAL PROPERTY?
RESIDENTIAL PROPERTY?
INDUSTRIAL PROPERTY?
DO YOU KJ."\TOW THE ZONING CODE DESIGNATION?
~
4.
TIME A1"'ID DATE PREFERRED
5.
HOW MA1"\fY PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call them to confirm the meeting.
. .... .... ...... .......... .............. ....................... ......... ..........,
· Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike or Lusia.
· Meetin2:s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Lusia is not available for Tuesday a.m meetings,
and Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m.
,
s: Ip lanninglP lann ingIPre-app licati oneon taetquesti ons,doe
. ~ ~..~ /,,k ~3
(ovS Ii'" 12: 1- ~ . ~ Uc<<.&7---
......,
PRE:APPLICATION CONFERENCE REVIEW FORM
Date 16/d 1/J...a1J3 Time Started: 10 h ?C Time Finished: 1/ t ~
/ f
Attending as Applicant
Phone
Fax
Proposed Project Information
Proposed Project Name nd
Type/Use tr~
Site Location (Address if Available)
Site PCN
Existing Zoning C;Z ,la.~ ,(:0 IHt-thProposed Zoning
Existing Land Use/Density M.l /Jf<.. '. Proposed Land Use/Density
Anticipated Submittal Date
/
Vacant
Notes and Comments
Lot Area
,~111S tA
/~9 feet h'- HLK.
d-.1{J kt-
/
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
/ PlY' ~e ~' ~ rrr>J1 -t-
I
tj?dJ
I
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Environmental Review Requirements
.J[;' c6..qi.-'1" e? c4-.. 'fc,.. .A J,-<-~ ,<-
I
(r-5~/tC~)
I _' Au" _A<A/V~ ~ (/ ~) ~tl b ~ d ~ ~ Ii .. .' /lr'k .tvf/UL .Ii. (
eM fit.. / .r
~cl~ruf,J ?re.ut-{,/1tPl Ut (2 I tolt ~ uZ 1!.t ;(~
~ M 7rl1<-. ./1 lUrePL at t"-{L /(, ~ ;(J. 4u l~
~1 ~ ~~t~;:' ~oo r~ 7~'
Notes/Comments/Recommendations ~~.~ w~
11tI/1j7k- $ (...f1 ~L. ~ .2:; 4t<-~ U'- ~) rzr'l!......
NonCE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives,
policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed
at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming
based on acbJal plans submitted for review.
N~f-
_ i2er4Je.-l"h7.
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