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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 ,1;~-I~r~'.-:' -, ~-~~-~~991 i~ 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. ~/ t?/ Al New. old "1 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 rll/rlR!Pl '7te ~;( /A&~ .LUJ~ It V~ ~ DATE: /! tJ. ~}C 3/0 SUBJECT: &Ppt~ ~/ J7. 33?'.lr - ~ COMMENTS: ~ ~', ~~& !,elf .." - - .--.- +_.~ -_0..- ~__.. _ ____.. ~_ _._.____~___~_....._,,_._. 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 ~. 4:J i/V ~/ 1j) rj) JJ o~ . e-l;/. Lt 1'1 l,l tJ- l 9\ o&t V 0-4 ~ ~i>v ~":~;~,~.~ , DATE: To; FAX: :JhS/97 _Ifjkff ~ (~;; 375'/ -= ~~p . 1li MJ &It ~ \ > I 170 NW Spanish Rive' Blvd. I . . fJoca Raton, FL 33431 f Tti: (561) 368-3337 i .. Fax.: (561) 368-3471 .. 1/&' . ~~~ ~~MPANY: ? ~ ~ NUMBER OF PAGES: 7 (INCLUDING COVERSllEE1') !. , fROnald L. Platt, Esq. ATIORNEY AT LAW F<<o1\'.l: RE: COMMENTS: 1I!ttR- · I7iiZ A/rk; ~ rAt. II /~ ~n ~~ ~'~.J\ ~ . I 7'f1i1/ 'f(U pt~'~ · - ~ it ~ ~lil/J:~~~ &w.ltaldr ~ ~ ,. ~ -I I . I I I \ ' f I I I I , , . ~I . , W'd 'ON X~:.l 31111 30N3GN3d3GNI W~ Lv;:l !H3 L6-8c-833 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 GO 'd 'ON XIj.:! 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 ~o 'd 'ON X~ j 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 EO'd '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. , , ...... . .--- ""~.._. ...-,..........--.. ".._.. LO 'd 'ON Xlj.:l 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: )tlf!rrl I1lkt /II/#&- .5b/ ..3 2S-- 00'/0 FAX NO, ~ @ rn 'n w rn 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) ~. FROM: R~ jJcI!1f . RE: II;}' r !PIE fA;" I!td I I COMMENTS: .~- :- I I- I , tt ~ t ,- ~ I I . , , , 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 c- ( .' 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 .../ .~ ORDINANCE NO. 096-~ ,0 (., 1,\ (,'; !Jj(,'l I tL ~- 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 I' I M:!~~ . ~'J c;L4....~ vlce Mayor ' <::: ~ ! \~_. ~ II i ATTEST: }~ 1.!1l.. 1\ Alct' \~Vf ,} l \H' ,0) ~,J\' "l rJ"'i ~ X\ l' ~~J ). Oid 1\.0 I) MY. ~tl 1 . C.V. ~~~.U?~> 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 01 1~,,'1! 1 Il.I11% I~l~~ LO~~1\O\~ \\jH~P" \-\\LLS Of L~\<~ E.OE.N .. .-~ ~. \C"I. ., ~ )'" I !A~I L-""'- ..., ~~~ 7r-. ,1\ ..1 T'l:~" ,r- ,,);'1 (/j~/1AJ{' 'b J~~11fF: ,1 ' .'<;'" , ) ~'J 11\ ; I ,. . ,. ~~' l' : fj - c-" ..,. . ~ ~~1-- 'I"~,~ A; 7/1/'~~ -: WJ ~.~ ,'~(j;l/.l ' T ,,,t ~~ _ .A~ /I//; J. : \ttlffi-;'-::' : I, " "~r,~~ti~1I! , 1 " : "I 1 \ L\ _" y I ' .- I "( T" T~': ; ~ I If \ -;.';: _ /,'::;-- , ." 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'0 400.800 fEEl C(;~~ "{3 /I I~ 1 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 ~ rJ: I frrA- /,/1'/41. TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. 2 tJ> L~ \0\ {-"f:, ~ 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 Avt::uut:: UL t::ALt::uJ. ~.~L 36Ll1 Avt::uut:: Ql1J. J.LLaA.t:: Cl. L.:uuut::~L..i.uu Lu LILt:: t::ALt::uJ.t::J. .L ..i.yllL -u[ -WCl.y (ICl.LLt::.L Lt::\.dU..i..Lt::::i ~uu.LJ...i.uCl.L..i.uu w..i.LI1 LIlt:: C.LLy u[ 5t::1.LCl.Y 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 v .L~.Lu..i. Ly - CU.lII1J.L t::llt::u::i.L v t:: !l1Cl.u !lul..i.L.:Y 1. 3. 9) i , , 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