LEGAL APPROVAL
ENGINEERING MEMO #97-141
DATE: August I, 1997
TO: SUE KRUSE, CITY CLERK
PETER MAZZELLA, ASST. TO UTIL. DIR.
TAMBRI HEYDEN, PLAN. DIR.
MIKE HAAG, BLDG. PERMIT ADMIN.
THRU: AL NEWBOLD, ACT. DEV. DIR. ~'
FROM: KEN HALL, PLAN CHK/INSP./TEC~G ,
SEBASTIAN PUDA, ENG. INSP. ~
SUBJECT: RECORDED PLAT - HILLS OF LAKE EDEN
HERE IS A COpy OF THE SUBJECT PLAT FOR yOUR RECORDS.
KRH
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DEPARTMENT OF DEVELOPMENT
ENGINEERING DIVISION MEMORANDUM NO. 97-
''''" ". PLANNING AND
, ,,"", ZONING DEPI
TO:
Sue Kruse, City Clerk
FROM:
Al Newbold, Acting Director of Development
DATE:
March 5, 1997
RE:
THE fiLLS AT LAKE EDEN - RECORDING OF UNIFIED CONTROL
DOCUMENT
Attached please find the original unified control document for The Hills of Lake Eden PUD
submitted by Attorney Ronald L. Platt. Esq. Per the attached memo from Michael J. Pawelczyk,
Assistant City Attorney. please have said document recorded in Palm Beach County Public
Records and then returned to us for filing. If you have any questions, please contact me at ext.
6372.
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Al New. old
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AN/ck
attachment:
Unified Control Document for The Hills @ Lake Eden
Assistant City Attorney Memo dated 2/27/97
xc:
Mike Haag, Current Planning Coordinator
To:
m@rnD\YJ
MAR · 3 1997 rn
, Ronald L. Plat
AITORNEY AT LA
PLANNING AND
ZONING DEPT.
1 0 NW Spanish River Blvd
ca Raton, FL 33431
Tel: (407) 368-3337
Fax: (407) 368-3471
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Ronald L. Platt, Esq.
ATTORNEY AT LAW
170 NW Spanish River Blvd,
Boca Raton, FL 33431
Tel: (407) 368-3337
Fax: (407) 368-3471
Via Fax Only to (561) 375-6011
Then sent U.S. Mail to Mike Hall
February 27, 1997
City of Boynton Beach
Attn: Michael J. Pawelczyk, Assistant City Attorney
Re: The Hills of Lake Eden, P.ll.D./Unified Control
Dear Mr. Pawelczyk:
Mr. Frank Pinto, President of Newport Properties, Inc., is in the
process of conveying the land legally described in exhibit A
herewith and formally called The Hills of Lake Eden, P.ll.D. to my
client, Kennedy Properties, Ltd. The closing is scheduled to occur
on March 14, 1997.
Towards that end, I have prepared a Declaration of Covenants and
Restrictions for The Hills of Lake Eden, Articles of Incorporation
and By-Laws. I am very familiar with the project and as a matter
of fact I have signed the Plat as the title examiner.
Please be advised that I represent to you herein that the entire
area within the proposed P.U.D. will have unified control.
The purchaser, my client, Kennedy Properties, Ltd. will proceed
with the proposed development according to the provisions of those
zoning regulations and conditions attached to the zoning of the
land to P.ll.D.
The purchaser, my client, Kennedy Properties, Ltd. has provided or
will provide agreements, permits, Declaration of Covenants, Plat
and a Letter of Credit acceptable to the city for completion of the
development according to the plans approved at the time of zoning
to P.U.D. and for continuing operations and maintenance of such
areas, functions and facilities as are not to be provided, operated
or maintained at public expense.
The agreements, permits, Declaration of Covenants, Plat and Letter
of Credit bind Newport Properties, Inc., my client, Kennedy
Properties, Ltd. and any of their heirs and assigns to any and all
of the applicable commitments heretofore set forth.
In closing, on behalf of the purchaser, Kennedy Properties, Ltd.
and as their attorney I hereby state that the foregoing
representations constitute evidence of the unified control of the
entire area within The Hills of Lake Eden, P.U.D.
S~Ji?: /;%41
RONALD L. PLATT, Esquire
fal
EXHIBIT "A"
LEGAL DESCRIPTION OF "THE PROPERTY"
WITHIN THE HILLS OF LAKE EDEN
PARCEL NO.1:
THE SOUTH 2 ACRES OF THE EAST QUARTER (E 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
THE NORTHEAST QUARTER (NE 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, LESS THE RlGHT-OF-WA Y FOR SWiNTON AVENUE AS SHOWN IN
ROAD PLAT BOOK 3, PAGES 250 AND 251, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
PARCEL NO.2:
THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHWEST QUARTER (NW 1/4), LESS THE COUNTY FOAD RIGHT-OF-WAY, OF SECTION 4,
TO\VNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
PARCEL NO.3:
THE EAST ONE-HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST
QUARTER (SE ]/4) OF THE NORTHEAST QUARTER (NE 1/4) or SECTION 5, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, LESS THE SOUTH 257,29 FEET THEREOF, AND ALSO [NCLUDING THE
FOLLOWING DESCRIBED PARCEL:
A PORTION OF THE NORTHEAST ONE-QUARTER (NE 1/4) or THE SOUTHEAST ONE-QUARTER (SE
1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION S, TOWNSHIP 46 SOUTH: RANGE
43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND MORE PARTICULARLY
DESCRlBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SA! D NORTHEAST ONE-QUARTER (NE 1/4)
OF THE SOUTHEAST ONE-QUARTER (SE 1/4) or THE NORTHEAST ONE-QUARTER (NE 1/4)
OF SAID SECTION 5; THENCE RUN SOUTH 88"48'02" WEST, ALONG THE SOUTH LINE OF
. SAID NORTHEAST ONE-QUARTER (NE 1/4) or THE SOUTHEAST ONE-QUARTER (SE 1/4) OF
THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 5; 336.91 FEET TO A POINT ON
THE EASTERLY IUGHT-OF-WAY LINE Of' SWINTON AVENUE; THENCE RUN NORTH
00'01'00" EAST, ALONG SAID RIGHT-OF-WAY, 69.18 FEET TO A POINT; THENCE RUN
SOUTH 89.59'00" EAST 188.55 FEET TO A POINT 01" CURYE; THENCE RUN SOUTHERl. Y,
ALONG THE ARC OF A CURVE TO THE RIGHT, 87.96 FEET, SAID CURVE HA VINO A
CENTRAL' ANGLE OF 90'00'00" AND A RADIUS OF 56.00 FEET; THENCE RUN SOUTH
89659:00" EAST 92,31 FEET TO A PorNT ON THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER (NE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-
QUARTER (NE 1/4) OF SAID SECTION 5; THENCE RUN SOUTH 00'04'2811 Wf-.ST 6.03 FEET TO
THE POINT OF BEGINNING.
MEMORANDUM
!fDJ m & CE 0 W IE fnl
I1lJ MAR - 3., l!J1
BUrlDING DIVISION
CITY OF BOYNTON BEACH
TO:
Ken Hall. Eng. Plans Check! Inspector
Michael J. Pawelczyk, Assistant City Attorney ~r
FROM:
RE:
Hills of Lake Eden
DATE:
February 27, 1997
Attached hereto is a faxed copy of the unified control document prepared by Ronald L. Platt,
Esquire. This form of this document satisfies the requirements of the Code of Ordinances. Mr.
Platt is sending the original document to your attention. Upon receipt of the original document,
please forward it, through the City Clerk's office, to Palm Beach County Public Records for
recording, A copy of the recorded document should then be placed in your file. Should you have
any questions, please contact me,
Encl.
MJP/aa
wpldeveloplililla oflake cdcnlllllified control
cc: AI Newbold, Acting, Director of Development
Michael Haag, Current Planning Coordinator
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170 NW Spanish Rive' Blvd. I . .
fJoca Raton, FL 33431 f
Tti: (561) 368-3337 i
.. Fax.: (561) 368-3471
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NUMBER OF PAGES: 7
(INCLUDING COVERSllEE1')
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,
fROnald L. Platt, Esq.
ATIORNEY AT LAW
F<<o1\'.l:
RE:
COMMENTS:
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each Owner acknowledges and agrees that Declarant
shall have the sole right of design, construction,
development and improvement of the Common Property,
and the Lots within the Property.
4.8 Continual Maintenance. In the event of a permanent
dissolution of the Association, the Members shall immediately
thereupon hold title to the Common Property as tenants in
Cornmon and shall collectively prov-ide the continued
maintenance and upkeep thereof. In no event shall the County
and City be obligated to accept any dedication offered ~o it
by the Association or the Members pursuant to this section,
but the County may accept such a dedication and any such
acceptance must be made by formal resolution of the then
empowered City Commission of the City of Boynton Beach. In
the event of a dissolution of the Association, for whatever
reason, any Owner may petition the circuit court of the 15th
Judicial Circuit of the State of Florida for the appointment
of a receiver to manage the affairs of the dissolved
Association place and instead of the association, and to make
such provisions as may be necessary for the continued
management of the affairs of the dissolved Association and the
Cornmon Property.
4.9 Plat. Any plat or replat of the Property subject to this
Declaration must confonn with the Master Plan and Site Plan(s)
as approved by the City of Boynton Beach as well as th~
applicable City Code of Ordinances.
ARTICLE 5
EASEMENTS
5.1 EaSeIDQnt Grants. Tho following oa$Qmonts aro horeby granted
and reserved over, across and through the Property:
5 .1.1 Eagement~ for the in~tallation and maintenance of
utilitie8 are granted a8 8hown on the recorded
l;Jubdivi$ion plat::!! of the px:operty. Within the;!le
easement areas, no structure, planting or other
14
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3111130N3GN3d3GNI WIj 8v:l1 ;~.:! L6-8G-83.:!
13.2.3 In addition to other government approvals which may be
requ.i:re!d, any amendment to this Oecla.rat.ion which
would affect the surface water management
:;'Y:Jt:.em, including the water manegement portions of the
Common Property, must have the prior approval of the
So~th Florida Water Management Dist~i~t.
13.2.4 No Portion of any plat. of the Property containing open
apace may be vacated in whole or 1n part unless the
entire plat is vacated; provided, however, that
port.ionl'5 of a plat containing open space may be
vacated if the effect of such vacation would not
reduce the total open space within the Property below
the ~equirement5 of the City zoning code.
13.2.5 Any duly adopted amendment to this Declaration shall
run with and bind the property for 'the same peri.od and
to the same extent as do the covenants and
restrlctlons set forth herein.
13.3 Duration. All of the covenants, restrictions and other
prov1sions of this Declaration shall run with and bind the
property tor a term of fifty (50) years from the date of
recordation of this Declaration after which time they shall be
automatically extended for successive periods of ten (10)
years each, unless an instrument executed by at least eighty
percent (80%) of the votes of the Members then existing and by
all Mortgagees r has been recorded agreeing to cha.nge Or
terminate these co~enants and restrictions.
13.4 Covenants Runnina with the Pro~erty. The agreements,
covenants, conditions, restrictions, Assessments, liens: and
other provisions contained herein shall CQIlst.it~te a ser,,~tudG
upon the Property and each portion thereof f shall run with the
Property, shall be binding upon thlil Owners of any portion
thereof and shall inurE!! to the b9nQtit of DQolarant, the
Association and the OWnQrs of Lota within the Prope~ty.
41
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31lI130N3QN3d3GNI WQ 6v: I! I~j L6-8c-83j
13.2 Amendment. This Declaration may be amended from time to time
by recording among the Public Records of the County an
instrument executed by the President or a Vice President and
attested to by the Secretary of the Association, indicating
(if required pursuant to the terms hereof) that a meeting
called for purposes of amendment was held and that the
requisite number of Members formally approved the amendment,
subject, however, to the following provisions:
13.2.1 Except as provided herein below, an amendment
initiated by any party other than Declarant must
obtain the approval of at least eighty percent (SO%}
of the votes of Members; provided that until such time
as the Declarant relinquishes control of the
Association, all amendments must include the joinder
of Declarant.
13.2.2 Subject to the requirements of the Declaration, as
lonq as Declarant owns any property within the
Property, the Declarant shall have the absolute and
unconditional riqht to alter, modify, supplement r
changet revoke, rescind or cancel any or all of the
provisions contained in this Declaration including,
but not limited to provisions relating to the addition
of proPQrty ~ubj~ct to this Declaration, use
rQstr~ctions and Assessm@nts, without the joinder and
consent of thg OWners, the Association or any other
individual or Qntity and th9 foregoing parties hereby
waive a.ny right to consent to such changbls. Such
changes may aff9ct the entire property or only
specific portions of thQ Property, but shall be
subject to applicable government approvals. Furth&r,
the Declarant may amend this Declaration at any tima
for the pu:rpOlSe of l!ubjecti:ng additional real property
within THE HILLS OF' LAKE EDEN to thie Declaration,
w1thout the joinder and con3ent of any other Owner5,
the Association, Mortgagee5 or any party.
40
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'ON XlvId
31lIl 30N3GN3d3GNI W~ 8v: II lad L6-8G-83d
:RXHI'BIT "An
t.Ec'AL DESCRIPTION OF "THE PROP--ERTY"
~~~HIN THE HILLS QF L~~E EOE~
PARCEL NO. I:
THE SOUTH 2 ACRES OF THe EAST QUARTER (E 1!4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
THE NORTHEAST QUARTER (NE 1/4) O~ SECTION 5, TOWNSHI? 46 SOUTH, RANGE 43 EAST, P AL1v1
BEACH COUNTY, FLORIDA, LESS THE RIGHT-Of-WAY FOR SWINTON AVENUE AS SI-.~OWN IN
ROAD PLAT BOQK 3, PAGES 250 AND 251J PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS,
y:;
PARCEL NO.2:
THE SOUTHWEST QUARTER (SW 114) 01' .THE sOU'rHWEST QUARTER (~W. 114) OF THE
NORTHWEST QUARTER (NW 1/4)) LESS THE COl.JNTY rOAD lUGNT-OF-WA'Y: OF SECTiON 4)
TOvrNSHIP 46 $OUTI-I, AANOE 43 EAST, PALM BEACH COUNTY, FLORlDA. '
PARCEL NO.3:
THE EAST ONE-HALF (E. 112) OF THE SOUTHEAST QUARTER (SE 1/-4) OF THE SOUTHEAST
QUARTER (SB 114) OF nm NO~THEAST QUARTER (NE 1/4) or SECTION 5) TO'NNSNIP 46 SOUTH,
:RANCE 43 EAST, LESS THE SOUTH 2~7,29 reE1- THEREOf', AND ALSO {NCLUDING TME
FOLLOWING DESCRIBED PARCEL: I
A PORTION OF THE NORTHEAST ONE-QUARTER (NE 114) OF THE SOUTHEr\ST ONE-QUARTER (SE
1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 5, TO\VNSHIP 46 SOUTH, RANGE
43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND MORE PAR1'ICULARL Y
DBSCRIBE:q AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER (NE 1/4)
OF THE SOUTHEAST ONE-QUARTER (Sf 1/4) OFTHE NORTHEAST ONE-QUARTER (NS 1/4)
OF SAID SECTION 5; THENCE RUN SDunl &8'48'02" WGST, ALONG THE SOUTH LINE OF
, SAID NORTHEAST ONE-QUARTER (NE 114) OF THE SOUTHEAST ONE. QUARTER (SE 1/4) OF
THE NORTHEAST ONE"QUARTER (NE 1/4) OF SAID SECtlON 5: 336.91 FEET TO A POINT ON
THE f::A.STERLY PJGHT-OF~WAY LINE OF SWINTON AVENUE; THENCE RUN NORTH
00'01'00" EAST, ALONG SAID RlGHT-OF~WAY, 69.18 FeET TO A POINT; 'THE..~CE RUN
SOUTH 89.59'00" EAST 188.55 FEET TO A POINT OF c;URYE; -rl-IENCE RUN SOUTHERLY,
ALONG THE AR.C OF A CURVE TO THE RlGHT, 87.96 FEET) SAm CURVE HAVING A
CENTRAL ANGLE OF 90'00'00" AND A RADIUS or: 56.00 FEET: THENCE RUN SOUTH
39'59'00" EAST 92.31 l-'EtT TO A POlNT ON THE EAST LINE or- SAm NORTHEAST ONE:-
QUARTER (NE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHEAST ONE-
QUARTER (NE 1/4) OF SAID SECTION 5; THENCE RUN SOUTH 00'04'28" Wj3ST 6.03 FEET TO
THE. POINT OF BEGINNING.
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3111130N3GN3d3GNI Wlj ~9;~1 I~.:I L6-8c-83.:1
FEB-28-97 FRI 04:08 PM INDEPEND~ICE TITLE
Ronald L. Platt, Esq.
ATTORNEY AT LAW
DATE:
To;
FAX:
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FAX NO,
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FEB 2 8 1991 .
PlANNING AND
ONING DEPT:'
P,Ol
!!70 NW Spanish River Blvd.
ijoca Ra.ton, fL 33431
Ttl; (561) 368-3337
Fax: (561) 368-3471
COMPANY: t!. ilY dF bJt1l7lJAJ &/KYI
NUMBEROFPAGHS; 3
(INCLtlDINC Covt:l\ SUI::BT)
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FROM: R~ jJcI!1f .
RE: II;}' r !PIE fA;" I!td
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FEB-28-97 FRI 04:09 PM
INDEPEND~CE TITLE
FAX NO.
P. 02
each OWner acknowledges and agrees that Dec larant
shall have the sole right of design, construction,
development and improvement of the Common Property,
and the Lots within the Property.
4.8 Continual Maintenance. In the event of a permanent
dissolution of the Association, the Members shall immediately
thereupon hold title to the Common Property as tenants in
common and shall collectively provide the continued
maintenance and upkeep thereof. In no event shall the County
or City be obligated to accept any dedication offered to it by
thg Association or the Msmbers pursuant to this section, but
the County and City may accept such a dedication and any such
accQptanc~ must be made by formal resolution of the then
empow8red Board of County Commissioners or th€ Boynton Beach
City Commission. In thtOil 'ill'\r,mt of a dissolution of th~
Association, for whatQvQr rQaSlOn, a.ny Owner may petition the
circuit court of th~ 15th Judicial Circuit of the State of
Florida for the appointment of a receil,rt;;r to manage the
affairB of the diB&olved Association place and in~tQad of the
association, and to make &uch provision~ as may be necessary
for the continued management of the affair~ of the dissolved
A$~ociation and the Common Property.
4.9 Plat. Any plat or replot of the Property subject to this
Declaration must conform with the Ma3ter Plan and Site Plan(s}
I!U5 approved by the City of Boynton Beaoh os well BoB the
applicable Ci~y Code of OrdinQn~e..
ARTICLE 5
EASEMENTS
5.1 Easement Grants. The following easements are hereby granted
and reserved over, across and through the Property:
5.1.1 Easements for the in1;itallation (ind m~inte:nance of
uti11t1es Qre granted a5 shown on the recorded
subdivisi.on plats of the Property. Within the~e
easement areas, no structure, planting or other
14
FEB-28-97 FRI 04:09 PM jNDEPENDF~E TITLE
FAX NO.
P. 03
contributions received by the Association shall be for 't.he use
and benefit of the Association and the Owners.
Notwithstanding the foregoing 1 the Developer, for so long as
it controls the Board of Directors, shall have the right to
use the Initial Capital Contributions to pay for ordinary
expenses of the Association.
ARTlrLE 7
MAINTENANCE OF PROPERTY
'.1 Association ReSDOTIsihi1itie9- The Association shall be
re~pon5ible for p@rpetual maintenance of the following:
7.1.1
7.1.2
7.1.3
7.1.4
All reads within the Property which are dedicated or
resQrved to the Association on any plat of any portion
of the Property or conveyed by deed to the
Association. All landscaping and irrigation of the
Coromon Property _ The entry gat.as, entry signage I and
entry features, and ather improvements, if any,
located on the Common Property-
The A136ociation shall PQrpetual maintain a.ll
landBcaping including bormQ:, irrigation and oth~r
improvement:! Buch aSI site wall, fence or signage that
i5 located within an easoment identified on the plat
as a Fence and Berm Easament or Landscap& Buffer
Easement.
The A1'5sociation ehall perpetual maintain the area
identified on the Plat as Tract lOB I' (pre&~rvation
area) and Tract"C" (preservation a.rlda) . The
maintenance shall be in ~ccordance with the Hills of
Lake Eden Pre~ervation Area Management Plan (dated
November 1995) dud described in Exhibit B which is
afflxed hereto and made a part hereof.
In the event that any Owner fails to properly maintain
any proper~y ~hat the Owner i~ required to maintain,
the Association 5hall have the right to make any
repairs or replacements a5 it deems nece~8ary. In
such event, the Associntion 5hall have the right to
24
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( .'
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
Ken Hall, Eng. Plans Check! Inspector
Michael 1. Pawelczyk, Assistant City Attorney JYl:1 ~
FROM:
RE:
Hills of Lake Eden
DATE:
February 27; 1997
Attached hereto is a faxed copy of the unified control document prepared by Ronald L. Platt,
Esquire. This form of this document satisfies the requirements of the Code of Ordinances. Mr.
Platt is sending the original document to your attention. Upon receipt of the original document,
please forward it; through the City Clerk's office, to Palm Beach County Public Records for
recording. A copy of the recorded document should then be placed in your tile. Should you have
any questions, please contact me.
Encl.
MJP/aa
wp\dnllIoplbillll ofllb edenluni8ed conIrllI
cc: AI Newbold, Acting, Director of Development
Michael Haag, Current Planning Coordinator
FEB- 27 -97 THU 11: 20 AM INDEPENDENCE TITLE
C.
"- )0:'
FAX NO.
P. 02
(-
Ronald L. Platt, Esq.
ATTORNEY AT LAW
170 NW Spanish River Blvd.
Boea Raton, FL 33431
Tel: (407) 368-3337
Fax: (407) 368-3471
Via Fax Only to (561) 375-6011
February 27, 1997
City of Boynton Beach
Attn: Michael J. Pawelczyk, Assistant City Attorney
Re: The Hills of Lake Eden, P.U.D./Unified Control
Dear Mr. Pawelczyk:
Mr. Frank Pinto, President of Newport Properties, Inc., is in the
process of conveying the land legally described in exhibit A
herewith and formally called The Hills of Lake Eden, P.U.D. to my
client, Kennedy Properties, Ltd. Tbe closing is scheduled to occur
on March 14, 1997.
Towards that end, I have prepared a Declaration of Covenants and
Restrictions for The Hills of Lake Bden, Articles of Incorporation
and By-Laws. Iam very familiar with the project and as a matter
of fact I have signed the Plat as the title examiner. .
Please be advised that I represent to you herein that the entire
area within the proposed P.U.O. will have unified control.
The purchaser, my client, Kennedy Properties, Ltd. will proceed
with the proposed development according to the provisions of those
zoning regulations end conditions atteched to the ~oning of the
land to P.U.D.
The purchaser, my client, Kennedy Properties, Ltd. has provided or
will provide agreements, permits, Declaration of Covenants, Plat
and a Letter of Credit acceptable to the city for completion of the
development according to the plans approved at the time of zoninq
to P.Q.O. and for continuing operations and maintenance of such
areas, functions and facilities as are not to be provided, operated
or maintained at public expense.
FEB-27-97 THU 11 :20 AM INDEPENDENCE TITLE
C .."
FAX NO.
P.03
C~~
'1
The agreements, permits, Declaration of Covenants, Plat and Letter
of Credit bind Newport Properties, Inc., my client, Kennedy
Properties, Ltd. and any of their heirs and assigns to any and all
of the applicable commitments heretofore set forth.
In closin9, on behalf of the purchaser, Kennedy Properties, Ltd.
and as their attorney I hereby state that the foregoing
representations constitute evidence of the unified control of the
entire area within The Hills of Lake Eden, P.U.D.
Sincerely, .' '
~/U
RONALD L. PLATT, Bsquire
lal
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLO
APPLICANT:
APPLICANT'S AGENT:
APPLICA nON NO.:
N
BURL GENTRY
N/A
DATE OF APPLICATION: DECEMBER 9. 1996
DATE OF HEARING BEFORE CITY COMMISSION: JANUARY 21. 1997
TYPE OF RELIEF SOUGHT: FINAL PLAT APPROVAL - HILLS AT LAKE EDEN PUD
LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO.
DRAWINGS(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida
on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and
heard testimony from the applicant, members of city administrative staff and the public finds as follows:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant / HAS HAS NOT
established by substantial competent evidence a basis for the relief requested.
2.
3.
The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit "C" with the
notation "Included."
The Applicant's application for relief is hereby / GRANTED subject to the conditions
referenced in paragraph 3 hereof. DENIED
4.
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms and conditions
of this order.
7.
Other:
I I->,/qr
I '
~~~.~
~MINISTRATIVE CONDITIONS _!
"
\..-
Project name: H1~ 'i.~ AT LAKE EDEN PUD
Type ofDeveI9~\~\lprder (Master Plan, Site Plan or Plat) FINAL PLAT
Drawing reference'! ,,\.1 I A
" ').i\.~\
Dl:PARTME~ "', INCLUDE REJECT
~.~-~ ~
. " ~ .~~~ 'I 1
..., ~ AB BUILDING DIVISION Comments: None
AE ENGINEERING DIVISION Comments:
1. The Final Plat of Hills at Lake Eden PUD can be V
recorded only after surety in form and amount acceptable
to the City Attorney is deposited with the City.
2. The Final Plat of Hills at Lake Eden PUD can be I
recorded only after the P.O.A. documents are approved
by the City Attorney and the Planning & Zoning
Department. j
3. The Final Plat of Hills at Lake Eden PUD can be
recorded only after all outstanding conditions of all
previous Development Orders are satisfied.
B. FIRE Comments: None
C. PARKS & RECREATION Comments: None
D. PLANNING & ZONING Comments:
4. The Final Plat of Hills at Lake Eden PUD can be I
recorded only after tlJ.e Unified Control Documents are
approved by the City Attorney. j
5. The Final Plat of Hills at Lake Eden pun can be
recorded only after the conditions of Planning &
Zoning Memorandum 96-678, dated December 18, 1996,
are approved by the Planning & Zoning Department.
E. POLICE Comments: None
BLIC WORKS Comments: None
G. UTILITIES: Comments:
6. The Final Plat of Hills at Lake Eden PUD can be
recorded only after the conditions of Utilities Department J
Memorandum No. 96-404 dated December 12, 1996, are
approved by the Utilities Department including, but not
limited to, submission ofH.R.S. Water and
Sewer Permits.
C:\ WPWIN60\ WPDOCS\MISCMH\HILLS.WPD
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ORDINANCE NO. 096-~
,0 (., 1,\
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~-
AN ORDINANCE OF THE CITY COMM::;:SSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING REZONING OF THE PROPERTY
LOCATED ON THE WEST SIDE OF THE
INTERSECTION OF SEACREST BOULEVARD AND
GULFSTREAM BOULEVARD, KNOWN AS "..THE HILLS
AT LAKE EDEN"; AMENDING ORDINANCE 91-70
OF SAID CITY BY REZONING A CERTAIN TRACT
OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-1-AAB (SINGLE-FAMILY
RESIDENTIAL) TO PUD W/LUI=5 (PLANNED UNIT
DEVELOPMENT WITH A LAND USE INTENSITY OF
5); AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted Ordinance No. 91-70, ln which a
Revised Zoning Map was adopted for said City; and
WHEREAS, Newport Properties, Inc., owners of the property
more particularly described hereinafter, through their agent
Burl Gentry, Gentry Engineering & Land Surveying, Inc., has
heretofore filed a Petition, pursuant to Section 9 of Appendix
A-Zoning, of the Code of Ordinances, City of Boynton Beach,
Florida, for the purpose of rezoning a certain tract of land
consisting of 15.45 acres, said land being more particularly
described
hereinafter,
from
R-1-AAB
(Single-Family
Residential) to PUD w/LUI=5 (Planned Unit Development with a
Land Use Intensity of 5);
WHEREAS,
the City Commission deems it in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, to-wit:
SEE ATTACHED EXHIBIT "A"
be and the same is hereby rezoned from R-1-AAB (Single-Family
Residential) to PUD w/LUI=5 (Planned Unit Development with a
Land Use Intensity of 5). A location map' is attached hereto
as Exhibit "B" and made a part of this Ordinance by reference;
that attached hereto as Exhibit "C" is a copy of the Master
'....,/
Plan; and attached as Exhibit liD" are conditions/requirements
for this rezoning, which are incorporated herein.
Section 2: That the aforesaid Revised Zoning Map of the
City shall be amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5:
This ordinance shall become effective
immediately upon passage.
FIRST READING this ~
4~C!#
, 1996.
day of
SECOND, FINAL READING and PASSAGE this
/Y'
day of
//~~~//
, 1996.
CITY OF BOYNTON BEACH, FLORIDA
I
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vlce Mayor '
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ATTEST:
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MY. ~tl
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Ci y Clerk
(Corporate Seal)
LakeEden.Rezoninq
J/l/96
ORB 8698 P9 13?e
EXHIBIT A
PARCEL 1
The South 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46
South, Range 43 East, Palm Beach County, Florida, (Jess the right-of-way for Swinton A venue
as shown in Road Plat Book 3, Pages 250 and 251, Palm Beach County Pubic Records).
PARCEL 2
The S.W. 1/4 of the S.W. 1/4 of the N.W. 114, less the County road right-of-way, of Section
4, Township 46 South, Range 43 East. Palm Beach County, Florida. .
PARCEL 3
The East 112 of the S.E. 1/4 of the S.E. 1/4 of the N.E. 1/4, of Section 5, Township 46 South,
Range 43 East, less the South 257.29 feet thereof, and also including the following described
parcel:
AportionoftheN.E.1/4oftheS.E. 1/40ftheN.E. l/40fSection5, Township
46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and more
particularly described as follows: Beginning at the Southeast comer of said N.E.
1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run S. 88deg48min02sec. W.
along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5, 336.91
feet to a point on the Easterly right-of-way line of Swinton A venue; thence run
N. OOdegOlminOOsec. E. along said right-of-way 69.18 feet to a point; thence run
S. 89deg59minOOsec. E., 188.55 feet to a point of curve; thence run Southerly
along the arc of a curve to the right 87.96 feet, said curve having a central angle
of 90degOOminOOsec. and a radius of 56.00 feet; thence run S. 89deg59minOOsec.
E. 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4. N.E. 1/4 of
Section 5: thence run S. OOdeg04min28sec. W., 6.03 feet to the POINT OF
BEGINNING. Boynton Beach, Palm Beach County, Florida.
Tax Folio Number: 08-43-46-05-00-000-1060
08-43-46-05-00-000-1070
08-43-46-05-00-000-1090
08-43-46-04-00-000-3010
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Administrative Conditions/ReQuirements- HILLS AT LAKE EDEN
Reference: 3 Sheets prepared by Gentry Engineering and Land Surveying, Inc.,
identified as 3rd submittal with Planning and Zoning Department January 3,
1996 d k'
yDf-
;J/d'
, ate stamp mar lng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Corrunents: NONE
UTILITIES
Corrunents:
"1ef'1. The water and sewer lines crossing between lots X
17 & 18 of block 3 (as shown on sheet 3 ) will
require at least a 30-foot wide easement in order
1 f1/ to maintain the minimum 10-foot setback from
homes, and the lO-foot horizontal separation
between water and sewer mains as required by the
Palm Beach Health Unit.
2. A capacity reservation fee for this project X
totalling $8,593.20 will be due within 30 days of
'f! City Corrunission approval of the site plan, or
upon request for Utility Department signature on
the water and sewer line permit applications to
the Health Unit. [Section 26-34(E)1
3 . Construction of the off-site 12-inch diameter X
water main extension on Seacrest Boulevard shall
extend to the City's 16-inch main on Mission Hill
IJ/ Road. The developer shall be responsible for the
design and construction cost of the off-site
main, and will be granted appropriate credits
towards his water capital facilities charges.
[Section 26-34(A)]
FIRE I., /J /J /
Corrunents: NONE /1/4/( ~ 'l/~A n: ~ 1.1/ \
rA'.r (lV'''"\7'' 7/
'- , "'"
POLICE
Corrunents:
4. The plans call for an emergency access and X
utility easement gate, from S. Seacrest
Boulevard, with telephone access code. The
Police Department requests the same type of
gate/telephone access gate for the main
entrance/exit on Swinton Avenue.
ENGINEERING DIVISION
Corrunents:
5. Sidewalks are required on both sides of all local X
and collector streets. Chap. 6, Art. III, Sec.
11A, pg. 6-3. (SIDEWALKS TO BE PROVIDED ON ONE
SIDE ONLY J
6 . Provide stop signs in accordance with the "Manual r:J e
on Uniform Traffic Control Devices". Chap. 23, ;JiiiC(~
Art. IIB2 00. 23-7.
7 . Sidewalk is still required along Swinton, ,,sk
X I' f:l
although the note on the drawings previously /~y~if ~
cited has been removed. Chap. 6, Art. III, Sec.
11A. no. 6-3.
rV~1
tle1
l~h/9
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frrA-
/,/1'/41.
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
2
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DEPARTMENTS INCLUDE REJECT
8. All plans submitted for specific permits shall X
meet the City's code requirements at time of O~ -./
application. These permits include, but are not 5~~J
limited to the following; site lighting, paving, .,,\:J ~
drainage, curbing, landscaping, irrigation and f\,~ VllYv
traffic control devices. Permits required from 11 ~m~~ -...
agencies such as the FDOT, PBC, SFWMD & LWDD and , ~@~(;A l rv
any other permitting agency shall be included
with your nermit reauest.
12 -J~.r"
9 . Site plan review and approval required. Chap. 4, .~. .:..~~~
XO~"'::>1\40 .-
Sec. 2, pq. 4-1. pU"I,f -S~Jj"" v"
10. Excavation and/or fill permits will be required. X~:l1""-J
Chao. 8, Art. I, Sec. 2, Oq. 8-1. 1~7r~
-.;;;:::::;'
11. The citation in Note 6, Sheet 1 of 3, should be Xc]k
chanaed to Chan. 6, Art. IV, Sect lOT i.;::st~/~fqlJ
12. 10 does not clearly specify that the POA is d\;i...
Note X {\or)~k6
responsible for perpetual maintenance of Tracts C ~
and D.
BUILDING DIVISION
Comments:
13. The tree preservation area easement shown as X
Tract C and Tract D shall be fenced off from the
remainder of the lots before any construction on
site and no owner of lots, including the
preservation easement, can build, construct,
install, or have installed patios or any
appurtenances within said easement. (TREE
PRESERVATION AREAS TO BE ESTABLISHED/DELINEATED
BY TRACT. NOT EASEMENT)
14. The setbacks for screen enclosures are for X
enclosures with screen roofs only; no hard roofs
will be permitted unless it complies with the
setbacks for the main structure.
PARKS AND RECREATION
Comments:
15. Since the number of residential units has been X
reduced from 62 to 56 single family units, the
recreation dedication requirement is:
56 single-family units x. 0180 acres/d.u. = 1. 01
acres.
16. The developer has indicated he does not wish to X
apply for one-half credit for private recreat.ion
provided.
Recommendations:
17. Recommend cash navrnent in lieu of land. X
FORESTER/ENVIRONMENTALIST
Comments:
{ (J18. The applicant should include the Preservation X
~ V Area Management Plan dated November 1995
q4 (document A) as part of the Homeowner Association
~O documents.
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
DEPARTMENTS
19. The Preservation Area Management Plan should be
~o~ ~referenced on the master plan as comment #18 and
~Jle, all procedures outlined in document A will be
CO{'SIIJ14~ completed by the applicant prior to turning the
10 J~ preserve areas over to the Homeowner Association.
I~'( (Reference document A, #4.0, Dacre 7).
20. The applicant shall install a six foot high
_ black, vinyl-coated chain link fence around the
VcJ\ lG(.1perimeter of the preserve areas (inside boundary)
Cu""~ ( and place "Natural Area Preserve" signs on the
~~l ~fence at the rear of each lot adjacent to the
u\-r'{ 't preserve. (Reference document A, #4.0 A, page 7
\ and #8.0, page 12). The location of this fence
shall be indicated on the master olano
21. The applicant will add a note to the master plan
~~~Lstating that no permits, determined by the
o>"f. tI Development Director to be unsuitable for, or
(J~~ causing ~ intrusion into the natural area
l '(4~ preserves will be permitted. This comment will
\~~~ p:ohibit abutting lot owners from applying to the
Clty of Boynton Beach to construct any
improvement to the lot which intrudes into the
preserves. (See Building Division Memo No. 96-
011) .
22. Ihe paragraph #5 described on #10.0 page 13 of
~O\~aocurnent A shall be included as a note on the
(..~Z"V master olan.
lO~J:The tree survey indicates a total of 211 trees on
_ the site. The tree preservation code #81-21
tJo\rJshould be reviewed by the applicant to address
co~r~ the removal, relocation, and replacement of these
\~~~ trees. The code will allow removal of trees
l,[~,located within the buildable areas and roadways.
\vV The three (3) landscape buffer areas (not
preserves) should be recipient areas for the
appropriate trees. The no net loss of trees
should be quantified and indicated on the
landscape plan. The management plan for the
landscape buffer areas should be compiled similar
to the preserve areas management plan. (TREES TO
BE PRESERVED AND RELOCATED WILL BE PLACED IN
BUFFER AREAS)
PLANNING AND ZONING
Comments:
3
INCLUDE
REJECT
x
x
x
x
x
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
4
DEPARTMENTS INCLUDE REJECT
24. Identify the location, size, specie, spacing and X
planting specifications for the landscape
material proposed for tracts A, B, C, D and E. f [,
\, .
It is recommended that a row of trees and hedges .
be shown along the Swinton Avenue and Seacrest
Boulevard frontage of the project. The tree-
scape shall be enhanced with a meandering
continuous hedge row. The trees shall be at
least t::..i.yllL ( 8 ) ten (10) feet in height at
planting, spaced no more than ff (20 ) feet on
center and be an evergreen specie with a moderate
drought tolerance classification (prohibited
plant species are not allowed) . The hedge
material shall be at least 24 inches in height at
planting, spaced no more than 24 inches on center
and be an evergreen specie with a moderate
drought tolerance classification (prohibited
plant species are not allowed) . The landscape
plan shall include tree preservation areas as
well as the location of landscape material
required to comply with the tree management plan.
[Chapter 2.5, Section 11. B. and C. of the City's
Land Develonment Reaulationsl
25. Change the text in note #3 of the master plan by X "
omitting the word width and insert the word Il':~
frontaae.
26. Show on sheet 1 of 3 a ten (10) foot setback from X
the north property line to the leading edge of .,.,,-,,~
the s1gn shown north of the main ingress/egress.
Also, add a note indicating that the signage will
comply with the sian code.
27. It is recommended that the maximum building X
height be limited to 30 feet (two stories), to
minimize impact to the adjacent residential , :--
neighborhoods having a 25 foot height limit 0'
rather than the proposed 35 feet. Thirty feet,
rather than 25 feet, 1S recommended to recognize
flexibility in unit design for cathedral
ceilinas. (AS PROPOSED, 33 FEET APPROVED)
28. Correct the LUI table regarding LUI ratios. The X
table specifies the LUI of 5, however the table elL-
uses ratios for a LUI of 4. Correct all data and
comoutations accordinaly.
29. A ::iLLt::t::L ~uuut::~L..i.uu ::illCl.11 Lt:: 1l1Cl.J.t:: Lu ~t::Cl.~.Lt::::iL X
Buult::vCl..LJ. Cl.L t:~ Ll1t::L ~.l!:. 35Ll1 Avt::uut:: U.L ~.l!:. 36Ll1
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Bt::Cl.L.:11 L.:UUl1JL t::llt::u::i.L vt:: !l1Cl.u !lul.LL.:Y 2.2.9. Auy ..
Cl.J.J...i.L.LUUCl.I ::iLLt::t::L \...;uJ..ult::\".,;L.iuJ..1 ::illCl.ll Cl.I.LYu w.LLll
LUCl.J.::i .1.U Cl.J.jCl.L.:t::uL ::iuLJ..Lv.L::i.LUU::i Cl.uJ. .LU LIJ.t: yt::ut::.LCl.I
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i
[A1J1Jt::UJ...i.A C, A.LL..i.~It:: X, ~t::L.:L.LUU 10.5.] I[ LIl.L::i .;'.
L.:UllUIlt::uL .1.::i J.t::lt::Lt::J. Ly Lllt:: CUJ.ll1Ll.i.;::);::;~U.l.l , LILt::
Cl.1J1JI..i.~Cl.uL ::il lCl. I I [..i.lt:: Cl. \",;U.ul~.L t:=lH:::11;::)..i.. v t:: 1JICl.u " ' ,
Cl..lII t:: U ~ lit:: U L Lu !lul..i.L.:Y 2.2.9. (CONDITION AMENDED '1'0
READ : AS A RESULT OF THE TRAFFIC ANALYSIS ;
CONDUCTED BY DELRAY BEACH, THE APPLICANT SHALL
FILE A COMPREHENSIVE PLAN AMENDMENT '1'0 POLICY
2.2.9.) _../,'4
30. Provide a copy of unified control documents that X J$.j~:/l C11L- ~t.a(" ,."
have been ann roved bv the citv attornev. ,/'"
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS '1'0
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
DEPARTMENTS
INCLUDE
31. Since platting does not require any review by the
Planning and Development Board, and City
Commission review does not occur until the end,
no opportunity is available for the Commission to
set land value for purpose of calculating the
recreation fee. Therefore, since this request
involves additional fees to be paid and since the
property was recently sold, it is recommended the
land value be set using the purchase price at the
time of the most recent sale of the PUD property.
This will require the applicant to submit a copy
of their purchase contract.
32. To show the proper front setback omit the off-set X
shaped buildable area shown at the front of lots
24 and 30. The front setback extends across the
entire front of the lot at a distance of 21 feet
from the front nronertv line.
X
./
,.
33. Check the scale (I" to 40') of the distance X
between the rear of the buildable area of the
buildings 1n block 2 and the rear property line.
The setback chart indicates this distance to be
41.5 feet, however the space scales approximately
37.5 feet.
34. The plans identify area A, C, D and E as tracts,
however the plans show these areas with a symbol
that is generally used to represent an easement.
Correct this believed contradiction. Even though
the home owners' documents includes language to
eliminate improvements in these easements,
installation of fences with signs around the tree
preserve easement and deed restrictions that
restrict lot owners from making improvements in
the easements, it is believed that these areas do
not qualify as easements. Restore areas C&D as
tracts owned and maintained by the homeowners'
association.
X
0---
35. Show on the plan a fence with access gates X
encompassing the tree preservation areas. The
location of the fence shall be within the
boundary of the preservation areas and the type
and height of fence shall be delineated on the
plan. It 1S recommended that the access gates be
off-set from the private right-of-way to allow an
area for a vehicle without blocking the right-of-
way.
36. I L wa;:, 1J.L t::v iuu:::;ly a!::j.L t::t::J Lu Ly Lbt:: Cl1J1Jlil,.;auL LbaL X
LIlt:: t::mt::.Lyt::ul,.;y al,.;l,.;t:::::;;:, wuulJ Lt:: muJi[it::J Lu 1J.LuviJt::
a,11 .i.lLlJ:,Jl..UVt:::J. ~U.L [a~t:: [UI- uJ.J.t::-way CY.L t:::::';;:, U.11Lu
St::al,.;.Lt:::::;L Buult::va.LJ. TIlt:: aJJt::J t::!::j.Lt::;:,:::; wuulJ
Ji:::;1Jt::.L:::;t:: uu :::;iLt:: L.LCl[[il,.; auJ alluw t::mt::.L!::jt::ul,.;y
.Lu!::j.Lt::;:,:::;/t::Y.Lt:::::;;:,. MuJi[y Lbt:: 1JIClu:::; Lu ;:,Iluw Lbt::
t::!::j.Lt:::::;:::;. (CONDITION AMENDED TO READ: PROVIDE A
~-Pf'AY (ONE-WAY) 1rlf'nt:AltC~ u.r.r ONLY ONTO
SEA CREST BOULEVARD (THIS SHALL REPLACE THE 20
FOOT ACCESS/UTILITY EASEMENT SHOWN ON THE
PLANS) . IT IS PREFERRED THAT THE ENTRANCE ALIGN
W1 PH 111<1 I v,.: I
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO
CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING.
5
REJECT
/' :
, l..~
~1/uI
)/
PLANNING AND ZONING
LASERFICHE TEMPLATE
PROJECT TYPE:
;)/ L'-' SAT Lf) I:! E ~ pr=- III fJ. () j)
PI-AT K,=(/i~-f;N4L /lIiT IIpPfCdf/AL
PROJECT NAME:
PROJECT ADDRESS: N t(j ~N/l- tJF SE a~ liVE <V
5EI1(!fCGST flL v;)
PROJECT NO.
PI- R7 flIP - ()()7
PCN:
DOC TYPE: LFef}t.. / f);JPMlIfI-L
(RIGHT CLICK FOR PULL DOWN MENU)
STATUS: lI-f/pt2(; (/l5'p
(RIGHT CLICK FOR PULL DOWN MENU)
APPROVAL/STATUS DATE
I / :(1 / qt
tJ(d. f) ? 6- 08
DESTRUCTION DATE:
/
/ (1)2- 2-01 {
S :\Plan ning\Planning\Laserfiche template.doc
ATTEST: /
~d~<>,<~klh~C-
Cl Clerk
(Corpora te Seal)
Final Plat 1/15/97
THE HILLS AT LAKE EDEN POD
6
DEPARTMENTS INCLUDE REJECT
37. Submission of a rectified master plan showing X
compliance with the conditions of approval for
the project will be required to be submitted to
the Planning and Zoning Department, in
triplicate, prior to platting and site plan
review of the project. A survey shall be included
with the rectified master plan drawinqs.
ADDITIONAL CONDITIONS OR DESIGN CHARACTERISTICS AGREED UPON INCLUDE THE
FOLLOWING:
. DWELLING UNITS SHALL BE 2,400 SQUARE FOOT MINIMUM UNDER AIRi#
. DWELLING UNITS SHALL BE -2,600 SQUARE FOOT AVERAGE UNDER AIRi~~
. A 3 FOOT BERM ALONG SWINTON AVENUE; ,". I.
. A CONTROLLED, GATED EXIT ONTO SEACRESTi t~
. 29 LOTS AT 9,000 SQUARE FEET; AND
. 27 INTERIOR LOTS AT 7.150 TO 7,180 SQUARE
'. :(,4~\t" /
I
FEET. ; ~ ,..,I",
TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS
GENERATED/APPROVED AT PUBLIC HEARING.
.'~C.'11/""
MR
)(1(96
/,
TEXT IN ITALICS REPRESEN'l'S DOCUMBN'l'ATION OR REVISIONS '1'0
CONDI'I'IONS GENERATED/APPROVED AT PUBLIC HEARING.
RESOLUTION NO. R97-"
,I
:!
A RESOLUTION OF THE CITY COMMISSION THE
CITY OF BOYNTON BEACH, FLORIDA, APPRO . 23 1997
-FINAL PLAT FOR THE HILLS AT LAKE E EN POD,
ALSO APPROVING THE FORM AND CONTENT 0 NNING tlND I
DECLARATION OF COVENANTS AND RESTRICT NING DfP!. i
.---.....,...--...........,-
THE HILLS AT LAKE EDEN PUD, vlliICH DOCUMENTS !
ARE ATTACHED HERETO AS COMPOSITE EXHIBIT llAll; I
AND PROVIDING AN EFFECTIVE DATE :
I
I
WHEREAS, the City Commission of the City of Boynton Beach, I
Florida, upon recommendation of staff, does hereby accept the Final I
Plat for The Hills at Lake Eden POD, and also approves the form and i
content of the Declaration of Covenants and Restrictions for The!
Hills at Lake Eden PUD, which documents are attached hereto as!
composite Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, does hereby approve the Final Plat for The Hills at Lake
Eden POD, and also approves the form and content of the Declaration i
of Covenants and Restrictions for The Hills at Lake Eden POD, which i
documents are attached hereto as composite Exhibit "A". .
Section 2.
upon passage.
That this Resolution shall take effect immediately!
!
I
!
II
II
!I
II
PASSED AND ADOPTED this ~/
day of ~~~y, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
~d~?,'~~h~'--
Ci Clerk
(Corporate Seal)
Commissione
~q--_G. ~
Commissioner ~
~YM-
7SSioner
Final Plat 1/15/97
THE HILLS AT LAKE EDEN PUD