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REVIEW COMMENTS TO: THRU: DATE: -~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-058 AI Newbold Acting director of Development ~.~L Tambri J. Heyden, AICP '- 'IL Planning and Zoning Dire tor 11 FROM: Michael E. Haag Current Planning Coordinator February 28, 1997 SUBJECT: Hills at lake Eden - plat review comments File No. PLAT 96-007 Please be advised of the following comments regarding the second review of the above-referenced request: 1. Provide written documentation, from the tree management plan, indicating that the language identified in the buffer easement dedication is correct regarding the transition area. This dedication will be addressed EY the City Environmentall Forester.-' --- - - --.------> - ---- _.\ 2. (;\" b~1~01 t- 3. . ycl, . \"11 I~ rd\)o~ \....... Jy- 4. VG ,,\({\ ~QJ~ k 5. ~~#1' \) ;)19 f 6. rt)J~\ r?r 7. b~;f'i'J\' Provide a copy of the unified control documents that have been approved by the city attorney. The Declaration of Covenants and Restrictions for The Hills at lake Eden is not the unified control document. The unified control document is a separate document that is approved solely by the city attorney. The document is required by Section 6 of Chapter 2.5 - Planned Unit Development of the City's land Development Regulations. Since platting does not require review by the Planning and Development Board, and City Commission review does not occur until final plat, no opportunity is available for the Commission to set land value for the purpose of calculating the recreation fee. Therefore, since this request involves additional fees to be paid and since the property was sold to the applicant, the land value shall be set using the purchase price at the time of the most recent sale of the P.U.D. property. This will require the applicant to submit a copy of their purchase contract. On page 1 of the Declaration of Covenants and Restrictions for The Hills at lake Eden insert the proper month in the first sentence. [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 2, Article 1 - Definitions of the Declaration of Covenants and Restrictions for The Hills at lake Eden insert the following: "City" shall mean and refer to City of Boynton Beach. [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 5, item 1.21 of the Declaration of Covenants and Restrictions for The Hills at lake Eden change the word County to City. [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. 8.] On page 6, Article 2 - Property Subject to This Declaration of the Declaration of Covenants and Restrictions for The Hills at lake Eden add the words "and City" to the end of item 2.2. [land Development Regulations, Chapter 2.5 - Planned Unit Page 2 Hills at Lake Eden - Plan Review Comments File No. PLAT 96-007 tk~8. 15.~~' ~ 9. t~~1' ~ 10. r~}1r<&1~' Jr 11. IJA 1"1' ~- -~110 \) ~ ~ 12. \l~~-.jC.rl ~' ~l()lO1 J.-' 13. 1\,(-'1 jf.1 1 ~. ~}-'3 Q.... 14. Cl '< rd(fI ~ ,V7 b"1 ~~ (J.-' 15. 6'" I'p "1 ~ ~,;rl(}.l "\ Jr 16. fI. ~tl~10l1 1- d,1 ,) Development, Section 2. D. and Section 6. B.] On page 6, Article 3 - The Hills of Lake Eden Homeowner's Association of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the following text as the last sentence to item 3.1: When city, county, state, federal or other agency laws or regulations are more restrictive than those specified in the Declaration of Covenants and Restrictions for The Hills at Lake Eden, Articles of Incorporation or By-Laws of the Association the more restrictive shall govern. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 9 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden insert the title of Article 4. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 11 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden insert the words "subject to approval by the city" to item 4.5 [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 13 &14, item 4.8 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the word City following the word County in two location of the second sentence. Also, in the second sentence change the text Board of County Commissioners to City Commission of the city of Boynton Beach. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 14 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden reword item 4.9 as follows: Plat. Any plat or re-plat of the property subject to this Declaration must conform with the Master Plan and Site Plan(s) as approved by the City of Boynton Beach as well as the applicable City Code of Ordinances. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 14, Article 5 - Easements of the Declaration of Covenants and Restrictions for The Hills at Lake Eden reword the text within the first set of parentheses of item 5.1.1. as follows: (unless approved by all utility users) [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 23, Article 7 - Maintenance of Property of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the word "perpetual" before the word maintenance in item 7.1. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 24, Article 7 - Maintenance of Property of the Declaration of Covenants and Restrictions for The Hills at lake Eden reword the last two sentences of item 7.1.1 as follows: All landscaping and irrigation of the Common Property. The entry gates, entry signage and other improvements if any, located on the Common Property. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 24, Article 7 - Maintenance of Property, of the Declaration of Covenants and Restrictions for The Hills at lake Eden change item 7.1.2 to item 7.1. 4 and insert the following text for item 7.1.2: The association shall perpetually maintain ~j)7. ~ ~:l'il/,n 1- 18. I 1v1 Ie" 17 r'O'I'-~ " ,jr- 19. jjrtf ~G ~~rt1 20. Page 3 Hills at lake Eden - Plan Review Comments File No. PLAT 96-007 all landscaping including berms, irrigation and other improvements such as; site wall, fence or signage that is located within an easement identified on the plat as a Fence and Berm Easement or landscape Buffer Easement. Add the following text for a new item 7.1.3: The association shall perpetually maintain the area identified on the plat as Tract "B" (preservation area) and Tract "C" (preservation area). The maintenance shall be in accordance with the Hills at lake Eden Preservation Area Management Plan (dated November 1995) and described in Exhibit B. Note: Add the management plan as an exhibit to the declaration document and reference same as affixed hereto and made a part hereof. [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 24, Article 7 - Maintenance of Property, of the Declaration of Covenants and Restrictions for The Hills at lake Eden change sentence number three (3) of item 7.2 to indicate that the home owner is not responsible for the maintenance of the site wall. fence, landscaping, irrigation or any other improvement located within a Fence and Berm Easement or landscape Buffer Easement on their lot. [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 40, Article 13 - General Provisions of the Declaration of Covenants and Restrictions for The Hills at lake Eden omit from item 13.2.4 the text "section 500.21 of the County Zoning Code" and insert the text lithe city zoning code". [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 42, Article 13 - General Provisions of the Declaration of Covenants and Restrictions for The Hills at lake Eden reword item 13.8 as follows: Plats. In addition to this Declaration, the Property shall be subject to the addition covenants, restrictions, reservations and other terms and provisions set forth in the dedication or shown on the plat of the property, which is recorded or to be recorded in the public records of Palm Beach County. [land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] It is recommended that a copy of the city approved and recorded Declaration of Covenants and Restrictions for The Hills at lake Eden be submitted to the Planning and Zoning Department before the permit for the perimeter buffer or common ground landscaping is issued. MEH:bme f/)/'."..)I~l f -t,.)P /. fj.Jt ,)""'''-' v If/ I/o../), {/!f.- If cur f N:: /1-- . 1.?1f:v'" (43..J I evJ - (; tVl> It (II l:P ( f)::.P A rz (P' , P^,Ir>~).v fJ-j>-417 D:\SHAREIWPIPROJECTSIHILLEDENlPLAT\2NDCOMM. ~ MEMORANDUM CITY OF BOYNTON BEACH TO: Ken Hall, Engineering Plans Check Inspector Michael 1. Pawelczyk, Assistant City Attorney~ 7( Approval of Revised H.D.A. Documents for the Hills of Lake Eden Plat FROM: RE: DATE: February 26, 1997 This is in response to Engineering Division Memorandum No. 97-027. Mr. Frank Pinto dropped off a revised set of Homeowners Documents for the Hills of Lake Eden on February 24, 1997, for review by this office. I reviewed those documents only to discover all the comments requested in my January 15, 1997, memorandum to you, had not been incorporated into the revised document. A copy of the memo is attached. Accordingly, I requested and Mr. Pinto agreed to have the revisions made per the January 15, 1997, memo. As the changes have now been made, this office is satisfied with the Declaration of Covenants and Restrictions for the Hills of Lake Eden. Your office should make sure it obtains a copy of the revised Declaration of Covenants from the developer. The only matter this office needs to review is a Unified Control Document which is being prepared by Attorney, Ronald L. Platt. Upon receipt of that document, I will forward a memo approving the document and directing your office to have the document recorded in the public records of Palm Beach County. Enc!. MJP/aa wpldeve10pmentlhills oflake edenIHOA Documents cc: AI Newbold, Acting Director of Development Mike Haag, Current Planning Coordinator TO: FROM: RE: DATE: CITY OF BOYNTON BEACH MEMORANDUM Ken Hall, Eng. Plans Check! Inspector Michael!. Pawelczyk, Assistant City A!tomeyj1l? Hills of Lake Eden Homeowners Association Documents January 15, 1997 I have reviewed the above documents that were submitted to me via Engineering Memo #97-012. Although these documents purport to be the same as those submitted for the Crystal Key Plat, the changes that I requested be made of those documents have not been added herein. Accordingly, the below-requested changes are identical to those demanded in my memorandum dated December 12, 1996, and pertaining to the Woolbright Place Plat 2 (nlk/a Crystal Key). A copy of that memo is attached hereto.. The Declaration for the Hills of Lake Eden will be acceptable as to form upon the addition of the following revisions to the document: / ,/ The second sentence of Section 4.8, "Continual Maintenance" on p .13 of the Declaration should be revised to state, "In no event shall the County or the City of Boynton Beach be obligated to accept any dedication offered to it by the Association or the Members pursuant to this section, but the County or City may accept such a dedication and any such acceptance must be made by fonnal resolution of the then empowered Board of County Commissioners or the Boynton Beach City Commission. " Section 4.9, "Plat" on p.14 should be redrafted to protect the interests of the City, as well as the County, with respect to platting or replatting of the Property. v/ Section 6.13.3, "Exempt Property" on p. 23 should be amended to read, "Any portion of the Property dedicated to the County or the City." '.--/ A sentence should be added to Section 13.2.2 on pp. 39-40 stating, "In no event shall the Declaration be altered, modified, supplemented, changed, revoked, rescinded or canceled so as to require the City of Boynton Beach to maintain, repair, or be responsible for any portion of the Property not its responsibility at the inception of the development." On page 44 of the Declaration, there is a reference at the bottom of the page to "see pages 45 and 46 behind pg 47," yet there are no additional pages in the packet. What is this note referring to? Once these changes have been made, forward a final version of the amended sections to me for final approval. Until such time, I will not approve the Declaration as to form. With respect to the Articles of Incorporation and Bylaws, these documents are acceptable as to form. MJP/aa wpldevelopll1illa oflake edenl cc: Bill Hukill, Dir. Of Development Michael Haag, Planning Department DEPARTMENT OF DEVELOPMENT ENGINEERING DIVISION MEMORANDUM NO. 97-02 -,..-....._"...~..^. ~ ~ F~:: 1:910 plJ,NNING AND lONING OEPl TO: Mike Haag, Current Planning Coordinator Mike Pawelczyk, Assistant City Attorney THRU: Al Newbold, Acting Director of Development . FROM: Ken Hall, Engineering Plans Check Inspector DATE: February 24, 1997 RE: APPROVAL OF REVISED H.O.A. DOCUMENTS FOR THE HILLS AT LAKE EDEN PLAT We understand that Mr. Frank Pinto has delivered the subject package to you both for your approval. When you are satisfied that all the necessary revisions have been made, please advise Engineering by memo. Thanks. By copy of this memo we have provided Kevin Hallahan a copy of the Preservation Area Management Plan for his review and written approval. KRHlck xc: Kevin Hallahan, Urban Forester w/attachment C:HOADOCS ND TO: THRU: FROM: DATE: SUBJECT: PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-058 AI Newbold Acting director of Development Tambri J. Heyden, AICP Planning and Zoning Director Michael E. Haag Current Planning Coordinator If ./ ~i 0\ ./ / '1 February 19, 1997 , i Hills at Lake Eden - plat review comments File No. PLAT 96-007 / .Iv I' ' ,,,J, / / pl"- ,f, (/ I u'- ~ (if J I', I) ~ -, " Please be advised of the following comments regarding the second review of the above-referenced request: I{' fv /,)0 r ~ 11/ 'w \ 6. , ~ 7. 1. 2. 3. 4. 5. Provide written documentation, from the tree management plan, indicating that the language identified in the buffer easement dedication is correct regarding the transition area. This dedication will addressed by the City Environmental! Forester. Provide a copy of the unified control documents that have been approved by the city attorney. The Declaration of Covenants and Restrictions for The Hills at Lake Eden is not the unified control document. The unified control document is a separate document that is approved solely by the city attorney. The document is required by Section 6 of Chapter 2.5 - Planned Unit Development of the City's Land Development Regulations. Since platting does not require review by the Planning and Development Board, and City Commission review does not occur until final plat, 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 sold to the applicant, the land value shall be set using the purchase price at the time of the most recent sale of the P.U.D. property. This will require the applicant to submit a copy of their purchase contract. On page 1 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden insert the proper month in the first sentence. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 2, Article 1 - Definitions of the Declaration of Covenants and Restrictions for The Hills at Lake Eden insert the term; "City" shall mean and refer to City of Boynton Beach. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. 8.] On page 5, item 1.21 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden change the word County to City. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 6, Article 2 - Property Subject to This Declaration of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the words "and City" to the end of item 2.2. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. 8.] 'b' 8. i' '" 9. o 10. \~ (1 11. fib \ 12 t; . ~ 13. \r. 14. &-15. r\16. L Page 2 Hills at Lake Eden - Plan Review Comments File No. PLAT 96-007 On page 6, Article 3 - The Hills of Lake Eden Homeowner's Association of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the following text as the last sentence to item 3.1: When city, county, state, federal or other agency laws or regulations are more restrictive than those specified in the Declaration of Covenants and Restrictions for The Hills at Lake Eden, Articles of Incorporation or By-Laws of the Association the more restrictive shall govern. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 9 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden insert the title of Article 4. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 11 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden insert the words "subject to approval by the city" to item 4.5 [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 13 &14, item 4.8 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the word City following the word County and change the text Board of County Commissioners to City Commission. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 14 of the Declaration of Covenants and Restrictions for The Hills at Lake Eden reword item 4.9 as follows: Plat. Any plat or re-plat of the property subject to this Declaration must conform with the Master Plan and Site Plan(s) as approved by the City of Boynton Beach as well as the applicable City Code of Ordinances. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. 8.] On page 14, Article 5 - Easements of the Declaration of Covenants and Restrictions for The Hills at Lake Eden reword the text within first parenthesis of item 5.1.1. as follows: (unless approved by all utility users) [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 23, Article 7 - Maintenance of Property of the Declaration of Covenants and Restrictions for The Hills at Lake Eden add the word "perpetual" before the word maintenance in item 7.1. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6.8.] On page 24, Article 7 - Maintenance of Property of the Declaration of Covenants and Restrictions for The Hills at Lake Eden reword the last two sentences of item 7.1.1 as follows: All landscaping and irrigation of the Common Property. The entry gates, entry signage and other improvements if any, located on the Common Property. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 24, Article 7 - Maintenance of Property, of the Declaration of Covenants and Restrictions for The Hills at Lake Eden change item 7.1.2 to item 7.1. 4 and insert the following text for item 7.1.2. The association shall perpetual maintain all landscaping including berms, irrigation and other improvements such as; site wall, fence or signage that is located within an easement identified on the plat as a Fence and Berm Easement or Landscape Buffer Easement. Add the following text for a o ~. 17. (]\ '\ 18. :~ .I to 19. fJ() 20. Page 3 Hills at Lake Eden - Plan Review Comments File No. PLAT 96-007 new item 7.1.3. The association shall perpetual maintain the area identified on the plat as Tract liB" (preservation area) and Tract "C" (preservation area). The maintenance shall be in accordance with the Hills at Lake Eden Preservation Area Management Plan (dated November 1995) and described in Exhibit B. Note: Add the management plan as an exhibit to the declaration document. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 24, Article 7 - Maintenance of Property, of the Declaration of Covenants and Restrictions for The Hills at Lake Eden change sentence number three (3) of item 7.2 to indicate that the home owner is not responsible for the maintenance of the site wall. fence, landscaping, irrigation or any other improvement located within a Fence and Berm Easement or Landscape Buffer Easement on their lot. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 40, Article 13 - General Provisions of the Declaration of Covenants and Restrictions for The Hills at Lake Eden omit from item 13.2.4 the text "section 500.21 of the County Zoning Code" and insert the text lithe city zoning code". [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] On page 42, Article 13 - General Provisions of the Declaration of Covenants and Restrictions for The Hills at Lake Eden reword item 13.8 as follows: Plats. In addition to this Declaration, the Property shall be subject to the addition covenants, restrictions, reservations and other terms and provisions set forth in the dedication or shown on the plat of the property, which is recorded or to be recorded in the public records of Palm Beach County. [Land Development Regulations, Chapter 2.5 - Planned Unit Development, Section 2. D. and Section 6. B.] It is recommended that a copy of the city approved and recorded Declaration of Covenants and Restrictions for The Hills at Lake Eden be submitted to the Planning and Zoning Department prior the permit for the perimeter buffer or common ground landscaping is issued. MEH:bme D:ISHAREIWPIPROJECTSIHILLEDENlPLAT\2NDCOMM to ,.1'.-__ \..~,- ,-'~ 1 )( ~iV~' ~~@~U\1J~~ IUU JAM I 5 1991 ~ ENGINEERING MEMO # 97-012 DATE: January 14, 1997 IQ: MlCHAEL PAWELCZYK, MlCHAEL HAAG AND KEVIN HALLIHAN* FROM: KEN HALL, ENG. PLANS CHKlINSP. ~ SUBJECT: HOMEOWNER'S DOCUMENTS FOR THE HILLS OF LAKE EDEN (DECLARATION, ARTICLES AND BY-LAWS) ATTACHED ARE THE SUBJECT DOCUMENTS FOR YOUR REVIEW AND APPROVAL. PLEASE NOTE! THESE DOCUMENTS ARE PURPORTED TO BE IDENTICAL TO THOSE SUBMITTED FOR CRYSTAL KEY PLAT EXCEPT FOR THE NAME CHANGES. * KEVIN: PLEASE USE ONE OF THE COPIES SENT TO THE OTHER TWO PARTIES FOR ANY REVIEW YOU MAY HA VB. I WILL ENDEAVOR TO GET THREE COPIES IN THE FUTURE. THANKS. KRH C: William Hukill, Dev. Dir. and to file. hillsof.doc oo~[no\VI~~ FED I 4 I99l ENGINEERING MEMO # 97- 023 DATE: February 13, 1997 IQ: AL NEWBOLD, DEPUTY DIR OF DEV. FROM; KEN HALL, ENG. PLANS CHK/INSP. ~ SUBJECT: STATUS OF THE PLATS OF CRYSTAL KEY AND HILLS OF LAKE EDEN. THE SUBJECT PLATS WILL NOT BE RECORDED UNTIL THE FOLLOWING ITEMS ARE ACCOMPLISHED FOR BOTH PLATS: 1. THE SIGNATURES OF THE FORMER DIRECTOR OF DEVELOPMENT (OR A CITY ENGINEER, INCLUDING HIS SEAL), THE MAYOR, AND THE CITY CLERK ON THE PLATS. 2. THE RECEIPT, REVIEW AND APPROVAL OF THE CORRECTED LETTERS OF CREDIT. 3. THE RECEIPT, REVIE\V AND APPROVAL OF THE CORRECTED HOMEOWNER'S DOCUMENTS (BY-LAWS, ARTICLES OF INCORPORATION, AND THE DECLARATION OF COVENANTS). 4. T.Re. SIGN-OFF ON PLAT DOCUMENT AND RELATED PLANS (ENG. & PLAN.). ADDITIONALL Y: THE PLAT OF CRYSTAL KEY CANNOT BE RECORDED UNTIL THE FOLLOWING ITEMS ARE SATISFIED: 1. THE RECEIPT, REVIEW (T.RC.) AND APPROVAL OF THE LANDSCAPE PLAN FOR THE S.W. 8 ST. MEDIANS AND RIGHTS OF WAY. 2. THE RECEIPT, REVIEW, AND APPROVAL OF A LETTER OF CREDIT BASED ON A CERTIFIED ESTIMATE OF THE ABOVE SUBJECT PLAl'J. 3. PAYMENT OF THE UTILITY DEPT. CAPACITY RESERVATION FEE. KRH C: Dale Sugarman, C.M. Mike Haag, Plan. Coord. Pete Mazzella, Asst. to Dir. r _p. lk.-~ ~I2~CA7I~1 . r___ __t='G'~ ~1C. ~_~~___-,Illess otherwise noted) '^' A~ b /;>~rJ _ ~ ?, · O/"?C t\c:..- {A~ S~t: UiV('I. b~ Vr/I~5 'f.... 011 ~ ~ /~ Oo~ be.., ----~~----- - -- ----------- -'-~DLAL__ ~ .: ~e review. 'lments. U of outstanding -~ standards. ~~ad to adjacent property. ~for mail de11very) with 2 ~ Q -"_o:~~~OOl,~_~.po~tion ---'---- M. _' ~u~~~i'It::f~ ------____C~ ~t=-- ~~~: "t ~u/~~~. O\C-__.-.iance with LDR Chap.2, ---------~-~_L~~L. 7 c~t '- '~rovisions of Chapter 2 of ---------~--F=s~ -~---~ IG( '7; O~A-Vl.~-_ --c-.lities to residential 'd_ - ---1~-+-l-- .+U~ ~ '7'" ~ae8' ' :le number of the , _ S ec . 3 D , pg. 3 - 4 :ies are available and 'hncies. Chap, 3, Art. IV, --_- ~- ~ f/~ 3;)./.2<1-351------------ I -- - ------------ -___~___ ~.- Ibl3,;)J~~~~---------------- -~'-~.. . ~u~L --- L~rz.-~J~~: =_--=-~-=-_ 1/.:.V'~ f ! C Am l' Q E_~ __w_ @.-- r structures or permanent _ Provide a statement ~n they will be removed. lent plan. Chap.3, }d. Chap.4, Sec.2, pg.4-1 :hap.5, Art.II, Sec.l, ~t.I, Sec.5B2, pg.23-4. )th PBC and FDOT standards aea~cated to City of Boynton Chap,6, Art.IV, Sec. IOU, tsee FS jj4.Uj{4JJ ana muse De Beach. Required ROW is 80', pg.6-15 20. Applicant's attention is directed to Chap.7, pg.7-1 ~,regarding surety requirements. . ~Excavation and/or fill permits will be required. Chap.S, Art.I, Sec.2, pg.8-1 ~ . ~-~ y C ~ ~ L/~ ~ J,-~ ~J.. _~_'~':\~" . r ~~ CL~~\~'f ~~S L.~s-r ~:;z~v~ l\v t()u"t"G- ~ C; ~D~~\'(,Y\-r:~vV O\\J ~t3 ~l'<~l 0f4~~ 5PE~Ii::-;-' """Tt ~ ).:\ -C- ---r- r2-- ~C -rS ~,\3 C- t D, ~ b- f\'C'\s. \) ~ \) \ ~rJ.< -(lE. ~ T0 \\-..\~ l~v\)\~ . kr-.'D ~~'CT~~R.. ~~~~10\-\~ M~h"r~'i ~~'-'-~T\\}N ~ (\Js ~ "8 S\-N\j.,~'Y. -:S~. ~Q\~--r. T\.,-..)C 1f2!y 13l f(~.ebti(i; .Sp ~~ -~ ~ ~ ~r -~ \-c-y D~J (6. ~ ~ '- .~_ . ~ ~-"-~ j)- I~;-I..'_b;;;: r~:f:::;L~~,~. ,,'~~ '-\'Sl.~=i","-~ _ ~-.::::~~ ~ -:5 ~..'rt TL.v~ A~ . ~\l'( th~f\J'-r ~\'J<i3 j,.j .' t-A.~~"J _I\. s::...::'-'O ~',=, -0c~~"C ~ 0 3c~v<G5 ____1' ., . ~ ~Ifr ,-____5 (i] 1AKf? Etx-N c- .. CONTRACT OF SALE THIS CONTRACT OF SALE (this "Contract") is made and entered as of the "effective date" (hereinafter defined) by and between BH FLORIDA LAND JOINT VENTURE, a Texas joint venture ("Seller"), and FRANK PINTO, an individual ("Buyer"). Buyer acknowledges and agrees that the mailing, delivery or negotiation of this Contract by Seller or its agents or attorneys shall not be deemed an offer by Seller to enter into this transaction or to enter into any other relationship, whether on the terms contained herein or on any other terms. This Contract shall not be binding upon Seller, nor shall Seller have any obligations or liabilities nor Buyer any rights with respect hereto, unless and until Seller has executed and delivered this Contract to the Escrow Agent (as hereinafter defined). until such execution and delivery of this Contract, Seller may terminate all negotiations and discussions of the subject matter hereof, with or without cause and for any reason whatsoever, without recourse or liability. For and in consideration of the mutual covenants and agreements contained in this Contract and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller agree as follows: 1. PURCHASE AND SALE: Seller agrees to sell and convey to Buyer, and Buyer agrees to buy from Seller, all of Seller's right, title and interest in and to the Property (hereinafter defined) for the consideration and upon and subject to the terms, provisions and conditions hereinafter set forth. The "Property" means a tract of land situated in Palm Beach County, Florida, more particularly described in Exhibit A to this Contract (the "Land"), together with (i) all structures, fixtures, buildings and improvements situated on the Land (such buildings, structures, fixtures and improvements being herein called the "Improvements"); (ii) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way and interests appurtenant to the Land and the Improvements, (iii) all rights, titles, powers, privileges, licenses, easements, rights-of- way and interests, if any, of Seller, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way or sidewalks, open or proposed, in front of, above, over, under, through or adjoining the Land and in and to any strips or gores of real estate adjoining the Land, and (iv) all rights, titles, powers, privileges, interests, licenses, easements and rights-of-way appurtenant or incident to any of the foregoing. 2. CONTRACT SALES PRICE: The total purchase price for the Property (the "Sales Price") shall be $250,000.00 payable in cash at Closing. Payment in cash shall mean by cashier's check or certified check drawn on a national banking association acceptable to Seller or by wire transfer of immediately available federal funds (the foregoing types of funds are hereinafter referred to as "ImmediatelY Available Funds"). 3. NONREFUNDABLE CONSIDERATION: contemporaneously with the execution and delivery of this Contract, Buyer has delivered to Seller and Seller hereby acknowledges the receipt of a check in the amount of One Hundred Dollars ($100) ("Independent Contract Consideration"), which amount the parties bargained for and agreed to as consideration for Buyer's exclusive right to inspect and purchase the Property pursuant to this Contract and for Seller's execution, delivery and performance of this Contract. The Independent Contract Consideration is in addition to and independent of any other consideration or payment provided in this Contract, is nonrefundable, and it is fully earned and shall be retained by Seller notwithstanding any other provision of this Contract. 01/121370.1 041186/0084 ~ .... LAND DESCRIPTION :' J p~ 1<<). !!. " 'The.' SOUth 2 aci-esof the East Quarter (El/4) of the Southeast Quarter (SEl/4) of ''!i'. '{"'~ :,,'the'Northeast Quarter (NEl/4) of Section 5, T~ip 46 South, Range 43 East, Palm 1"'Beacli"COUnty, Florida, (less the right-of-way for SWinton Avenue as shown in Road Plat Book 3, pages 250 and 251, Palm Beach County Public Records). PARCEL !!!:.. h , ' :"'....< .., 1.','-' , ~;~;The:' Southwest Quarter (&W1/4) of the SOUthwest Quarter (&Wl/4) of the N9rtlJ..west ',;::QUarter (NWl/4), less the County Road right-?t-way of Section 4, TcMnship 46 ; ,South, Range 43 East, Palm Beach County, Florida. . t,. , , ! ',< ,!(; ;. ;".PA'RCEL NO.3: ,,"~,I'" ___ - " ~... .'. . ~,j.'1'he East One-Half (El/2) of the Southeast One-Quarter (SEl/4) of the Southeast , One-Quarter (SEl/4) of the Northeast One-Quarter (NEl/4), Section 5, Township 46 . South, Range 43 East, less the South 251.29 feet thereof, and also mcluding the ", folladng described parcel: ' , . f,~ i . A:,port1on of the Northeast ~ter (NEl/4) of the Southeast One-Quarter '(NEl/4) :of the Northeast one-Quarter (NEl/4) of Section 5, Township'46 South, i'iRang&'43 East, Boynton Beach, Palm Beach County, Florida, and m::>re particularly ~. described as follCMS: Beginning at the Southeast comer of said Northeast : One-Quarter (NEl/4) of the Southeast One-Quarter (SEl/4) of Northeast One-Quarter ,\ (NEl/4),' Section 5: thence run South 88 degrees 48 minutes 02 seconds West along ,~~ theiSOUth line 'of said Northeast One-Quarter (NEl/4) of Southeast One-Quarter . :<.J(SEl/4) of Northeast one-Quarter (NEl/4), Section 5, 336.91 feet to a point on the j,Easterly right-of-way line of SWinton Avenue; thence run North 0 degrees 01 . ',minutes 00 seconds East along said right-of-way 69.18 feet to a point; thence run ;;.;SCn:tth 89 degrees 59 minutes 00 seconds East, 188.55 "'feet to a point of curve; .~. ':thence:nm' Southerly along the arc of a curve to the right 81.96 feet, said curve \ ';hav1ng; a Cel'1tral angle of 90 degrees 00 minutes 00 seconds and a radius of 56.00 \. feet:' thenCe X'W1 SOUth 89 degrees 59 minutes 00 seconds East, 92.~ feet to a point on the East line of said Northeast One-Quarter (NEl/4), Southeast . One-Quarter (SEl/4), Northeast On~ter (NEl/4), section 5; thence run South 0 (idegre:cs' 04 minutes 28 seconds West, 6.03 feet to the Pomt of Beginning, Boynton Beach, Palm Beach Ccnmty, Florida. . ' ,"~'~. ' , ,,:i, '1 \,. .;' t,\' ; , . ... ~:.J (,' . ~'. . ~' ;; .;~. ':~. '; of' EXHIBIT A to Contract of Sale Page 1 of 1 Page -, f I . ./ I information regardinq radon and radon testing may be obtained from your oounty publio health unit. 21. EFFECTIVE DATE: The "effective date" of this Contract shall be the date an original of this Contract (or original counterparts of this contract) executed by both Seller and Buyer toge~her with the Earnest Money are delivered to the Escrow Agent. , EXECUTED in' ~ultiple originals effective as of ~~M,t .2/. 1994. Esorow Agent to fill in the date when the fully exeouted Contraot and Earnest Money are delivered to the Escrow Agent. SELLER: BH FLORIDA LAND JOINT VENTURE, a Texas joint venture By: SOV Florida LP, joint venturer By: TH Parkway Equities, +nc., general partner :~~e: ~KCK Tit 1 e : VIt. Prlllar. Date signed: I/)- ll/,' , 1994 Address: 2001 Ross Avenue, suite 3210 Dallas, Texas 75201 Attention: Mr. Kent Gaydos with a copy to: Brad B. Hawley, Esq. Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P. 2200 Ross Avenue, suite 900 Dallas, Texas 75201 BOYER: =-L. Q . c;1 FRANK PINTO (?) L Date signed: t/~'''F.:3 , 1994 Address: y<; <;;: IE. 7~"../ ~ ~ <,e, .It t./ ;,. ~,~; -t3o&1~.r.-l.; r= L o~ fClf I )V,.' "I,.): ..It I'" with a copy to: ~.-1'------e- ' D1/121370.1 041186/0084 -12- .' :!:: ~ -I ~ ~ ~ ~ ~ h ~ ~ :~ :~ l~ I~ .~ i~ 1 ~ ~ ~ ~ f~,1' ~ l 't tl IT ~'17, .st-l? 00 ~ ..J ~ ..... '. ~ ~ ~ ~ ~ ~ ~ 5.l. Z3RD AvE. T""" 4S 5 TWr 4-&0 :5 _ ~ N ~ ~ (J {'ITY OF OEUA Y ~ I 8EACH ~ I ~ :i 11} ~ ........ h.. < ~ h! "" VICINITY MAP Not '1'0 Scale CITY OF BOYNTON BEACH Sf>ction." II ilnd 5, 'l'ol~nship "6 Sout.h, Range 43 East., Pr>.LH BEACII COUNTY, FLORIDA LEGEND: -_..--- ---..- Q. t - Indicates Center Line R/W - Indicates Right-of-way A - Indicates Arc Distance ~ - Indicates Delta R - Indicates Radius PC - Indicates Point of Curve CMF - Indicates Concrete Monument Found xEL24.17- Indicates elevation P.D,B. -IMDI[ATE5 F'Olflir or: Bf;GII'/N I~H~ -P-P- Indicates overhead Power Line P.I. - Indicates Point of Intersection P.T. -Indicates Point of Tangent I I \ ~~'s.E: ~srll AYFNJt: t\b~ ~J '. ~ I'f) t\: ~ ~ ~ ... ... ~ ~ LEGAL DESCRIPTION: A PORTION OF THE S.E. 1/4 OF THE N.E. 1/4. SECTION 5. LYING EAST OF SWINTON AVENUE AND A PORTION OF THE S.W. 1/4 OF THE S.W. 1/4 OF THE N.W. 1/4. SECTION 4. LYING WEST OF SEACREST BOULEVARD. TOWNSHIP 46 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-OUARTER OF SECTION 5 AND THE SOUTHWEST CORNER OF THE NORTHWEST ONE- OUARTER OF SECTION 4: THENCE RUN S 88'28'48" W, A DISTANCE OF 327.26 FEET ALONG THE SOUTH LINE OF SAID NORTHEAST ONE- OUARTER, SECTION 5 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SWINTON AVENUE AND A POINT ON A CURVE: THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT AND ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 181.27 FEET TO A POINT OF TANGENT. SAID CURVE HAVING A CENTRAL ANGLE OF 5'31 '27" ,A RADIUS OF 1880.08 FEET AND A CHORD BEARING OF N 3'15'35" W:THENCE RUN N O' 29'51" W. ALONG THE.SAID RIGHT-OF-WAY LINE.A DISTANCE OF 574.98 FEET: THENCE RUN N 89'30'09" E. A DISTANCE OF 188.75 FEET TO A POINT OF CURVE: THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 87.96 FEET TO THE END OF SAID CURVE. SAID CURVE HAVING A CENTRAL ANGLE OF 90'00'00" AND A RADIUS OF 56.00 FEET: THENCE RUN N 89'30'09- E. AT RIGHT ANGLE TO THE TANGENT OF THE AFOREMENTIONED CURVE. A DISTANCE OF 92.41 FEET TO A POINT ON THE EAST LINE OF SECTION 5 AND THE WEST LINE OF SAID SECTION 4: THENCE RUN S O' 26'01" E ALONG SAID LINE A DISTANCE OF 6.03 FEET: THENCE RUN N 89'45'52- E ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 4. A DISTANCE OF 617.09 FEET TO A POINT nN THF WF~TFRLY RI~HT-OF-WAY llNF OF SEACREST Q.. ~ ~ ~ ~ ~ C)... ~ ~ ~ ~ ~ " ~; ~" ~ .' ~ ~ .. ~ 'a \) \). ~ \lJ t ~ '-' ~. ~ ~ '\ <\. ~ ~ ~ ~ ~ tt.~1 " ~ .. ~ Q\ ~ ~ V) aVY WIIU ft~t((MtflfS /'! (I, /I,,c. tRA.ss CAP , I It,1,{1 ~.~ -0 ~ I t\., ~ ~ 1 ~ ~ ~ ~ 't ~ i [f' 1"-' f1t ~k ZS' \ ,A. 51"" ~ , t \ i P. po' C//Lr.51;fE An B~ vp, I;.I; EL 27.4) l 1\.; Bl:GINNINv AI IIIL ,..J'-< oj ._, NORTI-lF:AST ONE-QUARTER OF SECTION 5 AND IHE SOU' :5T CORNER OF THE NORTHWF~T ONE- OUAR,cR OF SECTION 4: THENCE RUN S 88'28'48" W. A DISTANCE OF 327.26 ~fET ALONG THE SOUTH LINE OF SAID NORTHEAST ONE- QUARTER. SECTION 5 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SWINTON AVENUE AND A POINT ON A CURVE: THENCE RUN NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT AND ALONG SAID RIGHT-OF-WAY lINE. A DISTANCE OF 18\ .27 FEET TO A POINT OF TANGENT. SAID CURVE HAVING A CENTRAL ANGLE OF 5'31 '27".A RADIUS OF 1880.08 FEET AND A CHORD BEARING OF N 3'15'35" W:THENCE RUN N 0'29'51" W. ALONG THE.SAID RIGHT-OF-WAY LINE.A DISTANCE OF 574.98 FEET: THENCE RUN N 89'30'09" E. A DISTANCE OF 188.75 FEET TO A POINT OF CURVE: THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT. A DISTANCE OF 87.96 FEET TO THE END OF SAID CURVE. SAID CURVE HAVING A CENTRAL ANGLE OF 90'00'00" AND A RADIUS OF 56.00 FEET: THENCE RUN N 89'30'09" E. AT RIGHT ANGLE TO THE TANGENT OF THE AFOREMENTIONED CURVE. A DISTANCE OF 92.41 FEET TO A POINT ON THE EAST LINE OF SECTION 5 AND THE WEST LINE OF SAID SECTION 4: THENCE RUN S 0' 26'01" E ALONG SAID LINE A DISTANCE OF 6.03 FEET: THENCE RUN N 89'45'52" E ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 4. A DISTANCE OF 617.09 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARD: THENCE RUN S O' 39' 13- E. ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 687.30 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST ONE- QUARTER OF SECTION 4: THENCE RUN S 89' 41 '21" W, ALONG THE SAID SOUTH LINE. A DISTANCE OF 620.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 15.4 ACRES MORE OR lESS. CERTIFICATION TO: Harris Trust & Savings Bank, Independance Title Insurance, Inc., Attorney's Titl Insurance Fund, Inc., Kennedy Properties, LTD., Newport Properties, Inc. ~ I hereby certify this sketch as shown hereon represents a survey made under my direction and to be true and accurate to the best of my knowledge and belief, subject to easements and right-of-ways of record and meets the minimum techn1cal Standards of Rule 61 17-6 of the Florida dministrative Code. son A. Gen 'Y- istered Florida S LB No. 2322 Date of Boundary Survey: August 23,1995 Update Boundary Survey: February 19, 1997 Mapper No. 2580 , ..~, ,/ NO [)ATE II[YfSION IIlO BY ...u' '"1.1 Btll//VP.4~ Y SI/"fVEY ~ /":::;-40' ..... ~, pt7Rr/lJ# ~r 5.EI'-r-, HE Y4 ttr SEcr/tJ1'I 5, LYIN6 &:. 'P SNI/'Ir(JI'! AV~#I/t!' /IN/J 4 PP~r/bN C'/" rilE SwY~ 5wn /V,N. '/4 SccT/tJN 4-, ~Y/N6. w: IPrs.4",4C.l'1!.Sr ,thY/). f1JJv,v.s HI,I' ~~ S.~ AA/'I64'~" E I 1'/'1t.H BEAC# Cl'vNrY r~p,eIP,4 -- .5'-k,/1, OCCJIUI _ tJ,,A,6'. .......c lIIO GENTRY ENGINEERING & LAND SURVEYING, INC. P.O, BOX 243 DELRAY BEACH, FLORIDA 33444 21J~ -Lor-L -...........-- PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-677 TO: Bill Hukill Director Department of Development FROM: Michael E. Haag Current Planning Coordinator THRU: Tambri J. Heyden, AICP Planning and Zoning Director DATE: December 18, 1996 SUBJECT: HILLS AT LAKE EDEN Accompanying this memorandum you will find documents for your departmental records regarding the master plan that has received final sign-off. PROJECT NAME: HILLS AT LAKE EDEN Type of Application: REZONING Planning and Zoning Department File No.: REZN 95-002 Control Plans (Rectified Master Plan): 1 Sheet of 1 City Commission Approval: 2-20-96 Meeting Minutes and Conditions of Approval Attached to Ordinance 96-08 Rectified Master Plan sent to Applicant: 12/18/96 MEH:T JH:bme Attachments D:\SHARE\PROJECTS\HI LLEDEN\TrsmtPln.WPD $J-.- PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96 -678 TO: William Hukill City Engineer A/ .!r j<v rU~ ~~r THRU: Tambri J. Heyden, AICP Planning and Zoning Director FROM: Michael E. Haag-<; ~ h Current Planning C~inator DATE: December 18, 1996 SUBJECT: Hills at Lake Eden - plat comments File No. PLAT 96-007 Please be advised of the following comments regarding the first review of the above- referenced request: 1. Add to the notes found on the cover sheet, a note 5 indicating that the building and site regulations are regulated by the City of Boynton Beach Code of Ordinances and the approved master plan. 2. Indicate on the cover sheet, below the description of the property, the number of acres within the platted area. 3. Amend the Tract "A" dedication from; Tract "A" is hereby dedicated to the Hills at Lake Eden Homeowners' Association, Inc. for the purpose of a entry feature and landscape buffer with the maintenance responsibility to the association as a common area by the declaration of restrictions and protective covenants for the Hills at Lake Eden, A P.U.D. to Tract "A" , a common area, as set forth in the declaration of restrictions and protective covenants for the Hills at Lake Eden P.U.D., is hereby dedicated to the Hills at Lake Eden Homeowners' Association, Inc. for the purpose of entry feature and landscape buffer with the perpetual maintenance responsibility dedicated to the association and its successors and assigns, without recourse to the City of Boynton Beach, Florida or any other public agency. 4. Change the name of Tracts Band C, found on both sheets of the plat document, from tree preservation area to preservation area. Also omit from Tracts Band C, the leaderline and arrowheads that incorrectly delineate the boundry of the preserve areas. 5. Amend the Tract "B" and Tract "C" dedication from; Tract "B" and Tract "C" are hereby dedicated to the Hills at Lake Eden Homeowners' Association, Inc. for the purpose of tree preservation areas and transition buffer as a perpetual preserve to be maintained in their natural state except for routine maintenance as required for the preserve area and necessary removal of the prohibitive species from said areas and is the maintenance responsibility of the Homeowners' Association. to Tract "B" and Tract "C", IPee preservation areas, are hereby dedicated to the Hills at Lake Eden Homeowners' Association, Inc. for the purpose of Wee preservation and transition area as a perpetual preserve to be maintained in their natural Page 2 Memorandum No. 96-678 Hills at lake Eden PLAT 96-007 state, except for routine maintenance as required for the preserve area and necessary removal of the prohibitive species from said areas. The perpetual maintenance of said area is the respdnsibility of the Homeowners' Association, its successors and assigns, without recourse to the City of Boynton Beach, Florida or any other public agency. 6. Amend the Tract "0" dedication from; Tract "0" is hereby dedicated to the Hills at lake Eden Homeowners' Association, Inc. for the purpose of emergency access and utility easement with the right of access to the City of Boynton for emergency vehicles and the road and maintenance responsibility to the Homeowners' Association without recourse to the City or any other public agency. to Tract "0" , a 20' emergency access, is hereby dedicated to the Hills at lake Eden Homeowners' Association, Inc. for the purpose of a private road egress for residents and emergency ingress/egress for City of Boynton vehicles. The operation of the 20 foot wide private road and privacy gate(s) shall be the perpetual maintenance responsibility of the Homeowners' Association, its successors and assigns, without recourse to the City of Boynton Beach, Florida or any other public agency. 7. Add to the cover sheet, a separate utility easement dedication that would include the 30' utility easement shown on the plat centered over tract "0". 8. Amend the Tract "E" dedication from; Tract "E" is hereby dedicated to the Hills at lake Eden Homeowners' Association, Inc. for the purpose of a private right-of- way for ingress, egress to the property owners their guests and for routine operation and emergency vehicles. The maintenance responsibility to the Homeowners' Association without recourse to the City or any other public agency. to Tract "E" is hereby dedicated to the Hills at lake Eden Homeowners' Association, Inc. for the purpose of a private right-of-way for ingress, egress, utilities, drainage and other purposes not inconsistent with this reservation and is the perpetual maintenance responsibility of the Homeowners' Association, its successors and assigns, without recourse to the City of Boynton Beach, Florida or any other public agency. 9. Add to the drainage easement dedication the word perpetual before the word maintenance. Before the period, at the end of the dedication, add the following text; its successors and assigns, without recourse to the City of Boynton Beach, Florida or any other public agency. 10. Add to the landscape buffer easement dedication the words and site wall following the word landscaping. Also add the word perpetual before the word maintenance. Omit all of the text following the word easement and replace it with the following: The perpetual maintenance of the improvements within the easement shall be dedicated to the Homeowners' Association, its successors and assigns, without recourse to the City of Boynton Beach, Florida or any other public agency. PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-569 TO: Robert Eichorst, Public Works AI Newbold, Building Division William Cavanaugh, Fire Prevention Officer Sgt. Marlon Harris, Police Department John Wildner, Parks Superintendent Kevin Hallahan, Forester/Environmentalist Clyde "Skip" Milor, Utilities Chief Field Insp. Bill Hukill, Development p~fartment Michael E. Haa~(J Current Planning co~ator Tambri J. Heyden, AICP, rr1tJ~ Planning and Zoning Director FROM: THRU: DATE: October 28, 1996 SUBJECT: Hills at Lake Eden - Rectified Master Plan (sign-off) - File # REZN 95-002 The amended master plan, in connection with rezoning from R-1-AAB to PUD, for Hills at Lake Eden has been submitted for final sign-off by the Technical Review Committee. Three (3) sets of plans, each requiring your unconditional signature, are available for review in the Planning and Zoning Department. A copy of the originally reviewed plans, staff comments and City Commission approval of the Rezoning will be available for your use to perform the review. Please review and sign-off each of the three (3) sets of plans, NO LATER THAN 5:00 P.M., NOVEMBER 5, 1996. If the plans are not in compliance with your staff comments or City regulations, sign the plans "subject to memo". To facilitate the sign-off process, please resubmit written comments addressed to the Planning and Zoning Director, NO LATER THAN 5:00 P.M., NOVEMBER 5,1996. It should be noted that the applicant is required to plat the property and is preparing plat documents that will be processed through the Development Department. The plat and construction documents shall coincide with the signed-off Master Plan, any major deviation desired by the developer must be approved by the Technical Review Committee. Thank you for your prompt response to this request. MEH:bme cc: Jim Ness, ActingFire Chief Charles Frederick, Recreation & Parks Director Marshall Gage, Police Chief John Guidry, Utilities Director Tambri J. Heyden, Planning & Zoning Director Pete Mazzella, Assistant to Utilities Director Steve Campbell, Fire Department Central File a:MP-HILLSWPD ENGINEERING MEMO #96-340 ill mmmow DEe I'" 00 DATE: December 10, 1996 TO: BILL CAVANAUGH, FIRE PREVo OFF. ROBERT EICHORST, P.W. DIR. SGT. MARLON HARRIS, P.D. T AMBRI HEYDEN, PLAN. & ZONING DIR. SKIP MILOR, UTIL. CHIEF FIELD INSP. AL NEWBOLD, DEPUTY BLDG. OFF. JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER FROM: KEN HALL, ENG. PLANS CHECKlINSPECTOR 375-6283~ SUBJECT: T.R.C. REVIEW - PRELIMINARY/ FINAL PLAT REVIEW - HILLS OF LAKE EDEN. PLEASE REVIEW THE SUBJECT PLAT AND CONSTRUCTION PLANS AND PROVIDE ENGINEERING WITH YOUR COMMENTS BY 12/13/96. WE ARE TRYING TO FAST TRACK THIS DEVELOPMENT AND PLACE IT ON THE EARLIEST COMMISSION AGENDA AS POSSIBLE. IF YOU HAVE NO COMMENTS, CALL US AND WE'LL SO INDICATE ON THE DOCUMENTS. YOU CAN FAX ANY COMMENTS YOU MAY HA VB TO: 375-6357. THANKS FOR YOUR COOPERATION. ... PLEASE RETAIN THE DOCUMENTS FOR YOUR OWN REFERENCE. KRHlkrh C: William Hukill, Dev. Dir. and to file memotrc ,,<~~ r ~ y.}:" " }> . \~' \'~\ ,.. c 2-.. ~" ) , IL .,'. 'r ( ,~ 1:\ '~ f" ., f 'i>~ I.. I', . . },' X'., ).r-9 j \. '\,\ \ ~ ...) r i'~.f' ., G (r~' J :),,\,. 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