CORRESPONDENCE
'I1ie City of
'l3oynton'l3eacft
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W
JUN I I 183
rn
~@rnowrn
100 ~ 'Boynton f}Jeadi. '&1ukflGTrf
'1'.0. ~310
'Boyn.tqn. tJJeadi, :FfmUfa 33425-0310
PHOBB: (407) 375-6281
FAX: (407) 375-6357
PLANNING AND
ZONING DEPT.
OFFICE OF THE CITY ENGINEER
June 10, 1996
Kilday & Associates
1551 Forum Place
Suite lOOA
West Palm Beach, Florida 33401
Attention: KaI)'n Janssen
Re: Nautica Sound Plat II - Lots 30 I, 302 & 303
Dear Ms. Janssen:
You may accomplish the requested revisions to the common property line separating lot 303 from
30 I and 302 by revising the final plat prior to submission (of the plat documents) to us for review.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
&dt~/I4t-~;;
William Hukill, P.E.
City Engineer
WVH/ck
xc: James Cherof, City Attorney
Tambri Heyden, Planning & Zoning Director
Al Newbold, Deputy Director of Development
C:;-.ISOliNDRE
Jf.Jruri&a's (jatt:way to tfU (julfstrtam
100 'E. t1Joyn.ton 'Bead.. 'lJoukrJQTt{
P.O. ~310
t1Joyn.ton. '&4di, :J1ori4a 33425-0310
PHONB: (407) 375-6281
FAX: (407) 375-6357
IfOJ 1"2 :11) rn 0 w rn @
,,' ~J
L.J
l~~ !IIN I 1-
PLANNING AND
ZONING DEPT.
'l1ie City of
'.Boynton 'Beacli
OFFICE OF THE CITY ENGINEER
June 10, 1996
Kilday & Associates
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
Attention: Karyn Janssen
Re: Nautica Plat I - Lots 90 & 127
Dear Ms. Janssen:
You may accomplish the requested revision to the property line between lots 90 and 127 by
submitting the following documents:
1. A signed and sealed certification from the Developer's Design Professional that the
proposed revisjon is in compliance with the City's Land Development Regulations.
2. A written statement that the 3 foot easement has been relocated and conforms with
the LDR.
3. A separate recorded instrument depicting/describing proposed changes.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
t!//Le:-$;'14~-c1
William Hukill, P.E.
City Engineer
WVH/ck
xc: James Cherof, City Attorney
Tambri Heyden. Planning & Zoning Director
Al Newbold, Deputy Director of Development
C:NAUTLOTS
~ri.ca's (jattway to tlie (julfsmam
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-380
FROM: Michael
Current
TO:
THRU: Tambri
Planning
DATE: July 26, 1996
SUBJECT: Nautica Sound P.U.D. - Review of infrastructure plans
and plat drawings for Nautica Sound P.U.D. - Plat Two
File No. PLAT 95-009
Please be advised of the following comments regarding the third
review of the above-referenced request:
Plat and infrastructure drawinqs
1. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the engineer of record for the
project, that lists the minimum lot frontage at the fifteen
(15) foot front setback line for the below listed irregular
shaped lots. Thirty (30) feet is the minimum lot frontage
allowed for the lots at the fifteen (15) foot front setback
line.
Lots 339, 340, 341, 342, and 343.
Supplemental Declaration to Covenants and Restrictions
2. Submit to the Planning and Zoning Department and Development
Department a copy of the recorded association documents for
Nautica Sound Plat One including the first amendment.
3. Following the recording of Nautica Sound Plat Two and prior
to recording the supplemental declaration documents,
reference on the supplemental document the plat book and
page number for plat two. Contact the Engineering Division
of the Development Department for the procedures to follow
in recording the plat and association documents.
4. Submit to the Planning and Zoning Department and Development
Department a copy of the recorded supplemental declaration
documents.
5. Modify the second sentence of Article II 5. A. to indicate
that the berm shall be constructed within said landscape
easement, as well as landscape material consistent with the
approved plans.
6. Modify the third sentence of Article II 5. A. to add that
the owners of lots 249 through 275, inclusive, shall be
responsible for maintaining the landscaping depicted on the
approved landscape plans, as well as the hedge and that
portion of the referenced landscape easement.
7. Modify the second sentence of Article II 5. B. to indicate
that in addition to the continuous hedge, other landscape
material specified on the approved landscape plan shall be
planted adjacent and parallel to the rear property line.
Page 2
MEMORANDUM NO. 96-380
Nautical Sound PUD
Plat II
PLAT 95-009
8. Modify the third sentence of Article II 5. B. to indicate
that the owners of lots 182 through 188, inclusive, and lots
420 through 424, inclusive shall be responsible for
maintaining the landscape easement including, but not
limited to, the sod, the hedge and any other plantings and
trees located thereon as depicted on the approved landscape
plan.
9. Modify the second sentence of Article II 5. C. to indicate
that the berm shall be constructed within said landscape
easement and landscape material consistent with the approved
plans shall be planted in the easement including a
continuous hedge planted atop the berm.
10. Add to the end of the third sentence of Article II 5. C.,
"........... as shown on the approved landscape plan. II
11. Add the following to the end of the fourth sentence of
Article II 5. C.: "........ as shown on the approved
landscape plan. II
12. Modify the beginning of the third sentence of Article II 5.
D. to indicate that in addition to a hedge, other landscape
material depicted on the approved landscape plans shall be
planted along the rear of the referenced twenty (20) foot
landscape easement.
13. Add the following to the end of the fourth sentence of
Article II 5. D.: "......... as shown on the approved
landscape plan. II
14. Add the following to the end of the fifth sentence of
Article II 5. D.: "........ as shown on the approved
landscape plan. II
15. Show lots 312, 327 and 330 as floaters rather than "ZII lots
by showing south side of 312 and 327 and the north side of
330 as straight lines. Also properly identify lots 312, 327
and 330 on the lot detail drawing as floater lots.
16. Applicant will need to redline the Planning and Zoning
Department's copy of the approved master plan to reflect for
following changes:
a) perimeter setback for lots 406 - 424 on sheet 4 of 5;
b) amend one-sided floater detail on sheet 4 of 5 to match
note (B) of the screen enclosure setback chart on sheet
2 of 5 regarding 10 feet to 5 feet for side building
setback and 12 feet to 8 feet for side jacuzzi setback;
and
c) add a detail for corner lots that are also back to back
lots to clarify a required setback of 8 feet rather
than 5 feet for screen enclosures (change lot numbers
on corner lot floater detail accordingly).
MEH:dim
xc: Central File
a:NAUTCIA3.PLT
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Municipal/Public Works Engineering
Construction Engineering lnspection
Public and Private Highway Design
Stormwater Management Systems
Services District Engineers
Water Distribution Systems
Sanitary Sewer SysteTT'.s
l;ight-of-Way Research/Map Preparation _
Homeowners/Condominium Documen-rs
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~.L:1k7.~6~65.68 s.1.
.tot.2 .. 5742.78 s.f.
~i3-":5567.58 s.t.
J;Pt 4.. 5549.47 s.t.
Lot 5 .. 5499.67 s.f.
LOt 6 .. 5065.11 s~.f.
Lot 7 .. 5065.11 s.t.
~t 8 ~ 5065.11 s.f.
Lot 9 .. 5065.11 s.t.
~
lo~~lO.. .5065.11 s. f.
lot 11 :. 5065.11 s.t.
tot 12.. 5775.19 s.f.
lot 13 .. 5065.82 s.t.
lot 14.. 5065.11 s.f.
Lot 15 .. 5065.11 s.f.
Lot 16.. 5065.11 s.f.
Lot 17.- 5065.11 s.t.
.. .
Lot 18 .=Ji065.33 s.t.
Lot 19.. 6838.54 s.f.
Lot 20 - 7047.47 s.t.
lot 21 .. 7029.04 S.t.
Lot 22.. 5511.00 s.f.
Lot 23 w 5511.00 s.t.
Lot 24 w 7315.00 s.f.
Lot 25 w 5614.75 s.f.
Lot 26 w 7539.36 s.f.
Lot 27 .. 5912.55 s.f.
Lot 28 - 7411.29 s.f.
lot 29 - , 2633.00 s.f.
Lot 30 - 9327.42 s.f.
Lot 31 .. 11446.30 s.f.
Lot 32 - 9743.10 s. f.
lot 33 .. 5504.40 .s. f.~,
Lot 34 .. 6663.05 s. f.
lot 35 w 8435.99 s.f.
Lot 36 .. 9039.05 s.f.
Lot 37 .. 6833.26 $. f.
Lot 38 - 7175.15 s.f.
Lot 39.. 12116.82 s.f.
Lot 40 - 1 0685. 1 6 s. f.
Lot 41 - , 2762.84 s. f.
Lot 42 - 12375.66 s. f.
Lot 43 - 7048.96 s.f.
Nautica Sound WIL~~ -4~ -q#) ~y
b~~<?) cSPCo -(p'OOL:>
ZERO LOTS (50' units)
Average lot area: 6<<710.63 s.f. ~Vl~1 <; (0 ~ -- ltC:iD
Total lot area: 1,791,739.16 s.f. 70cO -t-
Total lots: 267 CAJ.4~.
"-. ..
Lot 44 - 7818.58 S.t.
Lot 45 - 7527.81 s.f.
Lot 46 - 7214.56 s.f.
Lot 47 - 6901.31 s.f.
Lot 48 . 6588.11 s.f.
Lot 49 - 6329.36 s.f.
lot 50 - 6262.75 s. f.
lot 51 - 6262.50 s.f.
Lot 52 - 6262.50 s.f.
Lot 53 - 6262.50 s. f.
Lot 54 - 6262.50 s.f.
Lot 55 - 7687.50 s.t.
Lot 56 - 6262.50 s.t.
Lot 57 - 6262.50 s.f.
Lot 58 - 6262,50 s.f.
Lot 59 - 6262.50 s.f.
Lot 60 - 6262.50 s.f.
Lot 61 - 6262.50 s.f.
Lot 62 - 6262.50 s.f.
Lot 63 - 6262.50 s.f.
Lot 64 - 6262.50 s.f.
Lot 65 - 6262.50 s.f.
Lot 66 - 6262.50 s.f.
Lot 67 - 6668.46 s. f.
Lot 68 - 7359.12 s. f.
Lot 69 - 9266.35 s. f.
Lot 70 - 7747.51 s.f.
Lot 71 w 6264.01 s.f.
Lot 72 - 6262.50 s.f.
Lot 73 - 6289.83 s.f.
Lot 74 - 6795.08 s. f.
Lot 75 - 759'.38 s. f.
Lot 76 - 8388.98 s.f.
Lot 77 - 8950.84 s.f.
Lot 78 - 7772.20' s.f.
Lot 79 - 8304.01 s.f.
Lot 80 - 9020.62 s.t.
Lot 81 - 7945.16 s.f.
Lot 82 - 7105.74 s. f.
Lot 83 - 6542.70 s.f.
Lot 84 - 8625.30 s.f.
Lot 85 - 13100.86 s.t.
Lot 86 - 14691.72 S.T.
Lot 87 - 9602.51 s.f.
--'
Lot 88 - 6269.20 s.f.
Lot 89 - 6267.51 S.7.
Lot 90 - 6267.51 5.7.
Lot 91 - 6267.51 s..:.
Lot 92 - 6267.51 S.7.
Lot 93 . 6267.51 S.:.
Lot 94 . 6267.51 5. ~
Lot 95 . 6267.51 s.~.
Lot96-6267.51 s.~.
Lot 97 - 6267.51 5.7.
Lot 98 - 6267.51 S.7.
Lot 99 - 6267.51 5.7.
Lot 100 - 6267.51 5.7.
Lot 101 - 6267.51 s.;.
Lot 102 - 6267.51 5.7.
Lot 103 - 6267.51 s.f.
Lot 104 - 6267.51 s.~.
Lot 105 - 8430.77 s...
Lot 106 - 5782.50 s.~.
Lot 107 .. 5782.50 s. f.
Lot 108 - 5782.50 s. f.
Lot 109 - 5782.50 s. f.
Lot 110 - 5782.50 s. f.
Lot 111 - 5782.50 s. f.
Lot 112 - 5782.50 s. f.
Lot 113 - 5782.50 s.f.
lot 114 - 5782.50 s.f,
Lot' 1 5 - 5782.50 s.f.
Lot '16 - 5782.50 S.7.
Lot 117 - 5782.50 s.~.
Lot 118 - 5782.50 s. f.
Lot 119 . 5782.50 s.f.
lot 120 - 5782.50 s.~.
Lot 121 - 7395.52 S.7.
Lo't 122 - 8007.54 5.7.
Lot 123 - 5511.00 s.f.
Lot 124 - 5511.00 s.t.
Lot 125 - 5511.00 s.t.
Lot 126 - 5511.00 s.t.
Lot 127 . 5511 .00 s.~.
Lot 128 . 5511.00 s.7.
Lot 1 29 - 55 1 1. 00 s. f.
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Preliminary zero lot areas - 8/28/95
lot 130 - 7865.00 s. f.
.Lot 131 - 5511.00 s. t.
Lot 132 - 5511.00 s.t.
Lot 133 - 5511.00 s.t.
Lot 134 - 5511.00 s. f.
lot 135 - 5511.00 s.f.
Lot 136 - 5730.58 s.f.
Lot 137 - 5517.18 s.f.
Lot 138 - 7239.17 s.f.
Lot 139 - 5943.09 s.f.
Lot 140 - 5511.37 s.f.
lot 141 - 5511.00 s.t.
Lot 142 - 5511.00 s.t.
Lot 143 - 5511.00 s.f.
Lot 144 - 5511.00 s.t.
Lot 145 - 5511.00 s.t.
Lot 146 - 5511.00 s.t.
Lot 147 - 5511.00 s.f.
Lot 148 - 6765.00 s.f.
Lot 149 - 5511.00 s.f.
Lot 150 - 8505.70 s.f.
Lot 151 - 5941.96 S.t.
Lot 152 - 5931.22 s.f.
Lot 153 - 5786.95 s. f.
Lot 154 - 5575.67 s.t.
Lot 155 - 5548.72 s. f.
Lot 156 - 6771.09 s. f.
Lot 157 - 7951.22 s.t.
Lot 158 - 7315.00 s.f.
Lot 159 - 5511.00 s.t.
lot 160 - 5511.00 s.f.
Lot 161 - 5511.00 s.f.
lot 162 - 5511.00 s.f.
Lot 163 - 5625.37 s. f.
lot 1 64 - 81 73.7 1 s . f.
Lot 165 - 8221.66 s.f.
Lot 166 - 6565.79 s.f.
Lot 167 - 10248.70 s.f.
Lot 168 - 10953.50 s.f.
Lot 169 - 7517.38 s.f.
Lot 170 - 5971.05 s~f.
Lot 171 - 8001.71 s.f.
Lot 172 ~ 5508.76 s.t.
Lot 173 - 6700.58 s. f.
Lot 174 - 5890.88 s. f.
Lot. 175 -5260.50 s.f.
Lot 176 - 6081.92 s.f..
Lot 177 - 5955.83 s.f.
Lot 178 - 5382.75 s.f.
Lot 179 - 7106.88 s. f.
Lot 180 - 8059.89 s.f.
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- Lot 1.81 - 6328.2S's.f.
~'lot 182 - 8075.24 s.f.
Lot 183 - 5513.82 s.f.
Lot 184 - 7383.09 s. f.
lot 185 - 9072.92 S.T.
lot 186 - 6349.73 s.f.
Lot 187 - 9257.50 s.t.
Lot 188 - 7423.53 s.r.
Lot 189 . 8507.66 s.f.
Lot 190 - 14360.55 s.f.
Lot 191 - 8678.50 s.f.
Lot 192 - 5844.42 s.f.
Lot 193 - 6168.20s.f.
Lot 194 - 5791.50 s.f.
Lot 195 - 5886.16 s.f.
Lot 196 - 5886.16 s.f.
Lot 197 - 5620.46 s.f.
Lot 198 - 5638.45 s. f.
Lot 199 - 6931. - .f.
Lot 00 - 7886.74 s. f.
Lot 201 - 5576.10- s.f.
Lot 202 - 6010.90 s.f.
Lot 203 - 6190.65 s.f.
Lot 204 - 6262.94 s.f.
Lot 205 - 5720.00 s.f.
Lot 206 - 7315.00 s. f.
Lot 207 . 5881.33 s. f.
Lot 208 - 6062.30 s. f.
Lot 209 - 6062.30 s.t.
Lot 210 - 6062.30 s.f.
lot 211 - 5964.39 s.f.
Lot 21 2 - 5 5 1 1 .00 s. f.
Lot 213 - 6959,95 s.f.
Lot 214 - 58 1 3. as s. f.
Lot 21 5 - 5797. 11 s. f.
Lot 216 - 5780.95 s.f.
Lot 217 - 7920.61 s.f.
Lot 218 - 6249.97 s.f.
Lot 219 - 7342.04 s.f.
Lot 220 - 7867.47 s. f.
Lot 221 - , 0187.43 s.f.
Lot 222 - 7867.47 s. f.
Lot 223 - 7323.92 s.f.
Lot 224 - 5945.56 s.f.
Lot 225 - 7003.85 s.f.
Lot 226 - 7401.50 s.f.
Lot 227 - 5351.34 s.t.
Lot 228 - 6790.02 s.f.
Lot 229 - 5685.19 s.t.
Lot 230 - 5794.85 s.f.
Lot 231 - 6860.87 s.f.
a
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- Lot 232 - 5614.62 s.f.
Lot 233 - 5511.00 s.f,
Lot 234 - 5511.00 s. f.
Lot 235 - 5511.00 S.t.
lot 236 - 5511.00 s.t,
lot 237 - 5511.00 s.f.
Lot 238 - 5511.00 s. f.
Lot 239 - 7315.00 s~.
Lot 240 - 5511.00 s. f.
Lot 241 - 7987.65 s.:.
Lot 242 . 8621.88 s. f.
Lot 243 . 5856.84 5.f.
Lot 244 - 5830.00 s. f.
Lot 245 - 6557.97 s.T.
lot 246 - 5887.80 s.f.
Lot 247 - 8755.39 s....
lot 248 - 6936.42 s.f.
Lot 249 - 7355.14 S.7.
Lot 250 - 7867.47 s...
Lot 251 - 10163.98 s.f.
Lot 252 - 7867.47 $.f.
Lo~ 253 . 7310.46 s.7-
lot 254 - 5942.84 s. f.
Lot 255 - 7003.58 s. f.
Lot 256 - 7401.50 s.t.
Lot 257 - 6120.48 S.7.
Lot 258 - 55'1.00 5.f.
lot 259 - 5511.00 s.L
~ Lot 260 - 5628.32 s. f.
Lot 261 - 6267.51 s.t.
lot 262 - 6267.51 S.7.
Lot 263 . 62 67.5 1 s . f.
Lot 264 - 6267.51 s.f.
Lot 265 - 6267.51 s.~.
lot 266 - 6267.51 s.L
Lot 267 - 6267,51 s.f.
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P~Qf!min~rv 7P~" lot areas - 8/28/95
Lot 268 ~ 5491.21 s.1.
Lot 269 - 6647.31 s. f.
Lot 270 - 6108.54 s.f.
Lot 271 - .5428.28 s. f.
Lot 272 - 5541.95 s.t.
Lot 273 -7096.51 s.f.
Lot 274 - 6195.30 s. f.
Lot 275 - 5604.00 s. f.
Lot 276 - 5604.00 s. t.
Lot 277 - 5604.00 s.f.
Lot 278 - 5604.00 s.f.
Lot 279 - 5604.00 s.t.
lot 280 - 5604.00 s.f.
lot 281 - 5604.00 s.f.
Lot 282 - 5604.00 s.f.
Lot 283 - 5604.00 s.f.
Lot 284 - 5604.00 s.f.
Lot 285 - 5604.02 s.f.
Lot 286 - 5740.24 s. f.
Lot 287 - 7748.30 s. f.
Lot 288 . 6902.92 s. f.
ot 289 - 5483.89 s. f.
Lot 290 - 5250.00 s.f.
Lot 291 - 5250.00 s.f.
Lot 292 - 5250.00 s. f.
Lot 293 - 5250.00 s.f.
Lot 294 - 5250.00 s.t.
Lot 295 - 5250.00 s.f.
Lot 296 - 5250.00 s.f.
Lot 297 - 5250.00 s.f.
Lot 298 - 5250.00 s.f.
Lot 299 - 5250.00 s. f.
Lot 300 - 5250.00 s.t.
Lot 301 - 5263.34 s. f.
Lot 302 - 8003.36 s. f.
Lot 303 - 651 6.53 s. f.
Lot 304 -.5000.00 s.t.',
Lot 305 -,5000.00 s. f. -
Lot 306 -.5000.00 s.f.,
Lot 307 -.5000.00 S.t. .
Lot 308 ..5000.00 s.f..
Lot 309 -.5000.00 s.t.
Lot 310 ... 5000.00 s.t..
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Nautica Sound
.Z" LOTS (40' units}
Average lot area: 5 ,408.15 s. f.
Total lot area: 849,079.79 s. f.
Total lots: 157
I Lot 31 1 - '5000.00 s. f. ~
~ Lot 312 -.5000.00 s.f.q
t!.Lot 313 - '5000.00 s.f.io
Lot 314 - '5000.00 s.f.1I
Lot 315 -'5000.00 s.f.ll..
~Lot 316 -'5000.00 s.f.j}
Lot 317 -.5000.00 s.f.!~
Lot 318 - 7327.86 s.t.
Lot 319 - 5214.495.f.
Lot 320 - 4893.75 s.t..j
Lot 321 - 4893.75 s. f.,,,,
Lot 322 - 4893.75 s.f.lf
Lot 323 - 4893.75 s.f. 11
Lot 324 . 4393.75 S.f.lll
Lot 325 - 4893.75 s.f. ),c1
lot 326 . 4893.75 s.f. l.J
Lot 327 - 5866.48 s.t.
Lot 328 - 5559.74 s.f.
Lot 329 - 6195,37 s.f.
Lot 330 - 4500.00 s.f.l.L-
Lot 331 - 4500.00 s.f.~ ~
Lot 332 - 4500.00 s.f.L.~ 1.
Lot 333 - 4500.00 s.f.1f ~
Lot 334 - 4500.00 s.f.t). l.
Lot 335 - 5372.11 s.f. ~
Lot 336 . 5090,40 S. f. ~
tot 337 - 4500.00 s.f.!.-1 "-
L'Ot 338 - 4500.00 s.f.u
Lot 339 - 4500.00 s.f.Vi
[.'Ot 340 - 4500.00 S.T.)~
1,ot 341 - 4500.00 s.f.:; I
Lot 342 . 6795.54 s.f.
Lot 343 - 5982. 54 s. f .
Lot 344 - 6672.87 s.f.
Lot 345 - 6255.19, s.f.
Lot 346 - 5549.51 s.f.
Lot 347 - 6724.31 s.f.
Lot 348 - 4500.00 s.f. ;L..
l!ot 349 - 4500.00 S.t. 17
Lot 350 - 5372.11 s.t.
Lot 351 . 5090.4C s. f.
~ Lot 352 . 5563.93 S.t.
I Lot 353 - 5 1 32. 1 0 s. f.
Preliminary "Z" lot areas - 8/28/95
Lot 354 - 6418.76 S.T.
La! 355 - 10053.96 S.7.
Lo~ 356 .6909.27 s.;.
lot 357 - 7742.61 s..,
Lot 358 - 11060.27 s.~.
.lot 359 .4783.85 s.f..
tot 360 - 4592.39 s.f. . .
I.ot 361 - 4613.52 s.f..,
k.ot 362 - 4634.75 s.f.
~ot 363 . 4655.99 s.~.
kot 364 . 4677.23 s.:. .
l.ot 365 - 4698.46 S.7. .
t.ot 366 - 4719.70 s.f. .
lOi 367 - 7 1 1 6. 58 s. 7.
Lot 368 - 6660.64 $, f.
boot 369 - 4943.30 s.t. __
L..ot 370 - 4640.13 s. f. '
I:,ot 371 - 4603.69 s.f. ,.
bot 372 - 4572.73 s. f. . .
-.... bot 373 - 4547. 26 s. f .
~l:.Qt 374 . 4527.28 s.:. ,
, Lot 375 - 4512.78 S.7..
~ot 376 - 4503.77 s. f.
~ot 377 - 4500.24 5.7.
l:ot 378 - 4502.20 s.f.
l..'Ot 379 - 4509,36 s.f.
Ilot 380 . 4513'.13 s. f.
Lot 381 - 6946.81 s.f.
Lot 382 - 11000.10 s. ~.
Lot 383 - 5945,73 s.f.
Lot 384 - 5744.33 s.L
Lot 385 - 5744,10 s.f.
Lot 386 - 5744.10 s.f.
Lot 387 . 5744.10 s.f.
E Lot 388 - 5744.10 s-:.
Lot 389 . 5744.10 S.7.
Lot 390 - 5744. 1 0 s. f .
Lot 391 - 5744.'0 s. f .
Lot 392 - 7353.75 s.L
Lot 393 - 7650,65 s.f.
Lot 394 . 6194.26 s.f.
Lot 395 - 5548.40 s.f.
Lot 396 - 5445.11 s.f.
".LP~39i~ 5340.34 s.f. .:
tot 398 - 5235.56 s.t.
Lot 399 - 5130.79 s.t.
Lot 400 - 5034.34 s.1.
!1~e.'::1~S"~5:~ :::: _
lot 404 - 4500.00 s.fu I
Lot 405 - 4500.00 s.t. f
lot 406 - 4500.00 s.t..;"
lot 407 - 4500.00 S.t. -1
l- lot 408 - 4500.00 s.f.J
Lot 409 - 4500.00 s.t.. .1
lot 410 - 4500.00 s.t. r:
Lot 411 - 4-500.00 s.t.. i
lot 412 - 4..500.00 s.t.. <-
Lot 413 - 4-500.00 s.f..";
... Lot 414 - 4500.00 s.f. i
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" Lot 415 - 4S00.00 s.t.,,~-
Lot 416 - 4500.00 s.1..~
Lot 417 - 4500.00 s.t".)
Lot 418 - 4500.00 s.f. ,p,
Lot 419'- 4.500.00 s.f...,
Lot 420 - 4500.00 s.t. :"-
Lot 421 - 4.500.00 s.t. ; I
Lot 422 - 4500.00 s.t. ,'..
Lot 423 - 4500.00 s.t. ,';
Lot 424 - 6824.75 s.f.
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~ARRD :BY:
F. Grant, Eaq.
wlen, McCIOlky, Smith,
ISchwrter &, Rualell, P.A.
~oo Ealt Browlll'd Boulevard
Flort Lauderdale, Florida 33301
i
'I Ggp.LBHBH7~ ~.~~TZOK TO ~.~~TION ow covrSI
"B8TK%c::"r%OI4'l loB SAISIIJDf.t'Il roa JlAtI'l'J:Ci. SO
! 'I'ni., inllllt~t ("Supplemental I>eclara~ionn, as defined n tne Declaration)
~s mad.= thillll day of ,l~~6 by G.L. HOMES 0 BOYNTON BEACH II
~lli'ORA'I'ION, a Florida corpora.tion ("Declarant"), whose p~incipal office is
lbcated at ~40~ ~iversi~y Drive, Suite 200, Coral Springs, F~or1da, 33071, and
11; j o1ned ):)y NA'O'rICA SOIDol"'D HOMEOWNERS ASSOCIATION, INC., a Florida corporation
np~ tor profit ("Associati.on"), whose principal office i~ located at 1401
University Drive, Suite 200, Coral Springs, Florida 33071. I
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I WRiRKAS, Declarant, joined by the Assooiation, has exe~uted and recorded
i~ Official Records Book 8939, Page 1368 of the Public Rec~rds of Palm Beach
C!;>unty, Floriaa, a certain "Declaration of Covenants, Restridt1iona and iasements
fFr Nautica Sound 'I (hereina.fter referred to as the UDeClarattOnll) i and
! WHiREAS, Article III, Section 1 of th8 Declaration I_prOVides for the
r~oording, from time to time, of. El "Supplemental Declaratir.n" to cemldt the
"Additional Propertyll to the uProperty" (all as defined in the Declaration),
sfbject to the terms and provisions of the Declaration: and
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i WHEREAS, Declarant has, pursuant to the Declaration, lr1eclar.a "Nautioa.
S~und" (as d.efined in the Oecl a:trat ion) to be Property an~ 8u,bjClOt: bo the
D.claration: and !
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WHEREAS, Declarant is the o~~r of and now a.~irCl8 to ~.a1arCl a~l of the
real property ("Additional Prcpertyll) d8i:1cribad on th/lo Plat:: .of RAUTlCA SCOL"D,
pl U .D. -PLAT TWO, record~t1 in Plat: ~ok I Pa9. _ t:h:ro"U9'~ _, inelul!li'V'e,
ot the Public Records of Palm Beaoh County I Florida (hereinaf~.r .eferrea to ae
the "Acidi~:lonal Ellat"), ~o DC! "prQ~ertyll and lIubjec=t eo t:he ~eclar.tiQni
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n1.: 1.31441;S
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. NOW, 'I'~FORE, Deolarant, j~in.d by the ~IIIIQciation, ha.egy makS8 ~his
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Q~pp~~~ntQl Deolaraeion and he~eby de~larea that th. ~aitio~l propsrcy shall
kit deemed. "Property" under the t!e~la:t:'at:i.on ana cshall :be Oped' held, us eel I
t aneferred, IIIIc~d, conveyed, d~:i~e~ and occupied sUbject 0 the covenan~8,
rtatrietione, ~e~ervat:.ion5, re9ul~tion5, bu.aena and liens set ror~h in Che
DIclar.tiQn and in this Supplement,l Declaration.
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ARTICLR I I
~B~INITIONS ,
I The t.~ d.fined in eha ~eclaratien are incgrporated hLre1n by referenoe.
4~Oh term. are identified by initial capital lB~Cers and a;pear in quotation
l,arka ~h.n u.ea herein for the first time.
AltTI ctIE II
DBSCRlPTION OF PRO~ERTY AND
I.A:ND "(loSE AREAS
, 1. The pOrtions ot the Add,itional Property designa.te4 on the Additional
p~&~ a8 Lots 182 through 424, inclusive, are each hereby decl~red to be a "Lot"
tior a reSidential "Horne II to ]:)e constructed as those terms ,re defined in the
O'eCla.rat1on. I
! 2. The portions of th. Additional Property deBignate~ On the Additional
p~at a8 Lots 212 through 220, inclusi~e, Lots 223 through 23~, inclusive, Lots
::l~S through 240, inolusive, Lots 310 through 312, inClusive~' Lots 315 through
3f4! inclusive, Lot. 327 through 330, inClusivej Lots 333 thro gh 339, inclusive.
a Ill: each hereby declared to be a "Lake Lot" as defined in th Declaration.
3. The portion of the Additional Property deSi;natedlon ~he Additional
P~at as Tract nAil is hereby cieclar~d to be r'Streets, n 1'Drive" II IIR.oads" and/or
Rpadways,tI as defined in the Dee14rat1on. but Subj8C~ to th~ requirem.nt. ..t
frrth on the Additional Plat. ~
I 5. The portions of the Additional Propert.y d..llignate on t:he .Add.itional
P~at as Water Management Tract. "L-!!ill iEl hereby a.clared to b. ,1'L$ke" all defined.
it the Deolaration. i
6 , LAndnoape ~llt".IIl.n~.. In order to preClerve the iaeClthct.ic image gf
N.utica Qound and. to help maxim!., the Owner.' Uee and. enjo~ent thereof, no
I~rov$mentll or other additione are permi~tcd within any LanqacApe Ea8ement as
d.aignatecl on th. Additional Plat:.
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Bach LAndsoape Ea8cment Bhall be maintained as d~scr1~ed below:
A. The rear fifteen (;:1.,' feet 01: uOt.8 249 through ~75, inolusive,
i$ Q fifteen (~S) foot wide L.nd~c~pe Bas&ment as designated Ion the Additional
P~at. A berm C1hall be constructed within said l.anC1soap.., Basement and a
CQn. tinuou~ hedge ~hall be planted _top ~he ~erm exoept W1thi~Tract ~DN as set
E~reh in parag~aph 7 nera1n. Tne ownere Or Lots 249 throug 267, inclusive,
~~ll be reepQn~ible fgr maintaining ~ha hedge and that portio of the Landscape
Be\sement in front of ths hedge. The Association shall}) responsible for
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~in~dinin9 that portion of tne Lan~aoape Easement between the I rear of the hedge
, I.
alid the reiU" property line anCl. Shalt have a perpetual r.onexolU~lVe eaiement over
&4d across said LoCB tor the purpose or maintaining said Lan~scape Easement.
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B. Th. rear f~fte8D (~5l feet of Lot. 16Z chro~h 11', inclusive,
and Lots 420 through 4.24., inalu.iv., is III fifteen (~5) foot wide Landscape
$asament as dalil~9'nat.d on the Ad.ditional Plat. A contim~qus heoge shall :be
~lant~d adjacent and parallel to the rear property line exc~pt 1n locations of
,.P.L. Basements and/o~ other uti+ity ea.oments. rhe owner ,ot eaoh Lot within
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~b. LAndliloape ~aa$ment ehAll be rC5ponaible to maintain the ILandscape ~asement
Anoluding, but not limited to, t~= sod, the nedge and any I ana all plantinga
~oaatad thereon. I
I c. Th~ rear twenty (20) teet Of Lots 243 thrO~h 249. inclusive,
~~ a twenty (20) foot Landscape E.sement as designated on t Additional Plat.
~ berm ehall ~e constructed Within the Landscape Easement and a oontinuous hedge
hall be planeed acop ehe berm. The owner of each Lot ith the Landscape
asement: sna~l Joe responSible to maintain that portion of the Landscape Easement
~cludlng, but not limited to, the sod, the front of the hade., and any &n~ all
~:anC1ngs looated thereon. The Association shall be re&pon8i~le for maint.aining
$at portion of the Landscape Easement :between the rear of the I hedge and the rear
~:op8rty line, including, but not limited to, the sod, the t~p and rear of the
'idge and any and all plantings located thereon.
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: D. The rear fifteen (,15) feet of Lots 405 thro1h U9, inclusive.
i~ an F. P. L. Easement as cies igIUil-ted on tbe Add! Hand Pl t. Paralllil IlIId
a jacent to the P.P.L. Easement is a twenty (20) foot Lan scape EaBemen~ ae
d aignated en the Additional Plat. A hedqe shall be Plantedt.,aleng ~he rear of
t e. twenty (20) foot Landscape E..nment parallel and adjac nt to the F.P.L.
i:~sement. The owner of Bach :U~t within the Landsoal?!! Q.aem.n.t:. lIhall b.
r~8Ponsible for the maintenance or the Landscape Eas~ent, including, bu~ noc
lfmited to, the sad, the front and; top of the hedge, and any! and ~ll plantings
1 cated thereon. The Associa tiol1l shall be rellpon8iJ:1le fot maintaining the
f !tAen (15) foot F.~,L. Easement ano the rea~ ~f the hadge ocatad within the
ttenty (20) foot Landscape Easement. !
i E. The rear fiftecn(15) feet of Lote 276 thr~h 2SeJ inclu.i~,
i. an F. P_L. Ea.ement aCl deeisn_t:ed on the Ac1cU.tional Plqt:. PIIl:t"a1lel and
adjacent to tha F.P.L. Ba8amant is a twenty (20) foot ~lIlndFcapa ~a8emene as
~8isnatQd on the Additional Plat:.. A hedge shall be planted I along the rea~ or
t~a twenty (~Ol foot Landscape E~5ement:. parallel an~ adjactnt eo the F.P.L.
a:"s.m.nt, The owner of each LQt within the Landscape ~asamenc shall b8
r,sponeible for the mainten.ance of the Landscape ~asemenc, ~ncluding, but not
1~m1~ed to, the Doa, ~he front an~ t~ of che he~ga, and any;an~ all plant1ngs
l,;,clI.t.f1d therecm. Tho AalDccillticn 8Mll be responsible rot maintaining the
fifteen (15) foot PPL Easement and the rear or the hedge lbo.ted within the
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t~ty (20) foot ~~dscape Easement.
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F. WiCh respect to the Landscape Easements def~ned in Paragraphs
A, through E al':Iove, in ehe event lIn Owner fails to maint.~in the Landscape
~.semenes ~oca~ed on his or her Lot, the Association shall be ~bligated t.o do BO
a4d shall 1mpose Che cost tnereof upon such Owner without the n~cessity of notice
o~ a Hearing and sa1~ cost Shall c~nst1tute a lien upon the ~pplicabla Lot and
H~me wi~h the same torce and effect as liens for Operating E~penses.
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7. Tbe portions of the Additional PrOpA~ty d.8i9nab.~ on the Additional
,lat as Tracts ~BN, ~C. and "D" are Assooiation Prop$~ty and ~r~ hereby declared
to be "Landscaped Areas" and "Grassed ~..G" aQ defined in th~ OeclaratiQu. The
~wner of Lot 424 and the Owner of Lo~ ~'?, th.ir le~~ee~, i~vit=oe ana 9uestB,
ahall r~ve the exclusive right of UQ$ of and tho obligation ~l'maintain Tract ~Cff
and Tract "D". r@spe~tiv.ly; how$v.~, eaid Owners may not Q netruct, erect or
place any permanent or temporary improvements tbereon, inluding, ~y way of
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example and not limitation, fcm.aGla, walls Qr hedgell!l. Ncptw1thstanC11ng the
~oregoins, the ~"oCliation has the right to Ultie Tract 'lD"' to access for
~Qinc.nanCQ purp08.8, ~he fifteen {l$} foot Landeoape Easemeb, t beh1n~ Lots 249
IhrOUgh ~?S, inclusive. !
Ie. D~clllrant herl!lby declares that. all of the ~d1t10nal Property
qedgnated on ~he Addit.ional Plat is "Property" and is therefpre subject to the
~pplicabll!l l~Q Y~e covenants and tbe Denerite and ~urdens eS~blished under the
I::!e:clarl!ltion a5 :rully as tnough it were originally designat as such in the
1eelaratiQIl. I
i IN NI'I'NESS WH8RBOF, DeC!larant ha.s axecuted, and the Julsqciation has joined
i~, this Supplement on the day, month and year first above w~itten.
I I
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I G , L. HOMiS OF BOYNTON BE~CH
; I! CORPORATION, a Flori~a
i corporation i
w~, ~iSiia AS TO DBCLARANTl i
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Vice-Presiden~
Name: Alan J. I Fant:.
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Printed
p~inted
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Name:
By;
Title:
Printed
(SEAL)
Name:
NAt.."'1'IO SOUND H0M20WNERI; ,f\sSOCIA'l'ION,
a Plo~ida corporation no1 for profi~
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Fa1t
INC.,
By:
'l'itlol Vioe pre.ident
Printed. 1iome: Alan J.
Ptint:@d Nama!
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lS!ALl
Pt-inted Name:
T..:..on::l.
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~TATB or rLORIDA
tOUNTY OF .a!
I HEREBY CERTIPY that on ~hi~ day, befo=e me, an cffi~e. duly authorized
~ the State aforeaaid and in the County afo=e.aid co t.ke aqknowleagments, the
~oregoing instrument W&1lI acknowledged .before me by Alan. J. Fane, alii Vi.ce
iresident of G.L. ROM29 OJ' BOYNTON BEACH CORPORATION, a Flor1~a corporation/ the
qsneral part:n.= of ... to. HOMmEl OF .BO'YN'I'ON lSBACH U CORPqRATION, a FleX'1da
~orporat:ion. fr..ly an4 volunta=ily unde. authority dUly ve~teQ in h!m/her by
~aid oorporation and that the seal affixsd thereto 1& the true corporate seal of
.aid corporation. He/She iB pe.~onally known to me or has ~roduced
ae identification. i
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W!~NESS my hand and offioial seal in the CQunty and
this _ day of , 1996_
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Sh~e
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laa~ afor,=sAid
Notary Public
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My eommission ExpireDI
'l'ypad, pl:'in.tt!lQ Q~ st. eC1 name 0: Notary
public
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1TA'I'!1 OF ~LORI:DA
~otmTY OF
\ r ~BBY CERTI~ tbaC on this day, before me, an officbr duly authorized
i~ the State a!oresa1d and 1n the County aforesaid to take ac~ledgment., the
f\c~ego1ng 1nlilcrument was acknowl~dged before me by Ala.n IJ. Fant, as Vice
P~e.s1c1.&nt ot NAUTICA SOUND HOMEOWNERS ASSOCIATICl:\' I INC. I a P~orida corporation
n~e tor prOfit, freely and voluntarily under authority duly v~Bted in him/her by
S~1d corporation and that the seal ,affixed thereto is the tru~ corporate seal of
8r~d corporation. He/She is personally known to me or has Pfoduced
I as identification. J
i WITNESS my hand and official seal in the County and st~te last aforagaid
t:p.1s _ day of -, 1996. I
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filii;
Notary Puh1io
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Mt Commission Expiresl
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Typed. prin~ed or
Public,!
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,
name of Notary
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JIIN. ?F,. 1 '1% 1 : ?,?PM K TI DAY ? ASSOC T ATrS
NO.?'?'? P.1/1A
.T'
ICIIdQ . AIa:l...
LandlcaPl ArchitlC'tll PlannltR
1661 Forum Plllce
Sul1e 'OOA
West Palm Seach, Florida 33401
1407) EI89-5522. Fu: 1407) fll9.2592
MEMORANDUM
PLANNING AND
ZONING DEPT.
Date:
June 26, 1996
From:
Karyn I. Jenssen
Tambri Heyden. Director of Planning and Zoning; City of Boynton Beach
To;
N~uliUll c::IIIU Nl:tutlca 60una
Project No,: 1020.7 and 1020.13
There are two lots, one each in the Nautlca and Nautica Sound Developments. in which a
drafting error was made. f.v3 soon as thls was recognized, I called Bill Hukill a1d Mike Haas
to desalbe the drafting error on lot 90 on the Nautica Master Site; Plan and lot 303 on the
Nautica Sound Master Site Plan. FollOWing my conversation with Mr, Haag and Mr. HyKIII,
I f.xed :1 corios of dillgrams. d~piJ,,;liflg the two 8ltuatlon~ Which I have attached for your
use The drafting error on th~~o lot~ need:1 tn tie revIsed in ardor to ml!lke tMesl!# lulti
DUlldable per our typical lot specifications wtth the described setbacks.
g..,ltjee.t:
On June 12, 1996, I received letters from Mr, Bill Hukill which were dated June 1 0, 1900~
describing how we may rectifY the situation on both the Nautipa and Nautica Sound projects
to address engineering concerns. I have attached a oopy of these letters for your
information.
On June 13, 1996, I spoke with Mike IHaag who had researched the situation and had
rendered an opinIon that was fofWSlrded!tQ your nffir:A for your fQiviWl. Wic rooomrMl"ldatio"
was mat the Nautica drafting error be Handled administratively, dU9 to the fact that there
were lots already similar . I stion, However on ,lot 303 in Nauti~ Sound, Mr.
HA~O slIogestcad th~t Minor M.a.!" plan U I I~ Ion 'WOuld be necessary In order to
correct the drafting error. His reasoning rwas ere were no other lots that were located
in a similar situation as the one in qu~lon, After my conversation with Mr. Haag, I then
reviewed the Nautica Sound situation one more time and discovered some additional
informatIon that might help clarify this situation. It appesrs that the 10' side setback
dImension was placed incorrectly an the cnG-sided floater diagrer'n on sheet 4 of 5 of tne
Nautica Sound Master Site Plan. Thki diagram is incomsi~tent with the note shown on
sheet 2 of 5 of the Nautioa Sound Master Site Plan, , have attached a copy of both of
these sheets for your review. This InformaUon was faxed to Mike Haag on June J8t 1996,
/~
Mr. Haag left a message for me on Monday, June 24,1996, indicating that he was still
awaiting your review of the situation, As of Thursday of this week it will helve been three
weeks since this sitUation was first brought to tt:le attention of your staff, therefore I prompt
attention to IMis mattir would bft I"!'lprp.Giiltlii'd. I would ctrongly el"leourag6 yuu lo allow this
!-.~ -
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-;~~ NO. 332
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MEMORANDUM
I
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PLANNING AND
ZONING DEPT.
June 26, 1996
Karyn I. Janssen
Tambri Heyden, Director of Planning and Zoning; City of Boynton Beach
Nautica and Nautica So~nd
Project No.: 1020.7 and 1020.13
There are two lots, one each in the Na4tica and Nautica Sound Developments, in which a
drafting error was made. As scon as Uiis was recogni%8d, I called Bill Hukill and Mike Haag
to describe the drafting error on lot 90 <pn the Nautlca Master Site Plan and lot 303 on the
Nautlca SolSld Master Site Plan. FollOWing my conversation with Mr. Haag and Mr. Hukill,
I faxed a series of diagrams depicting, the two situations, which I have attached for your
~5e. The drafting error on these lots neede to be revised in order to make these lots
buildable per our typical lot specifications with the described setbacks.
Date:
From:
To:
Subject:
On June 12,1996, I received letters from Mr. Bill Hukill which wer. dated J~ne 10,1996,
describing how we may rectify the situation on both ttle Nautica and Nautlca Sound projects
to address engineering concerns. I have attached 8 copy of these letters for your
information.
On June 13, 1996. I spoke with Mike !Haag who had rese:arched the situation and had
rendered an opinion that was folWil"dedlto your office for yos review. His recommendation
was that the Nautica drafting error be Iiandled administratively, due to the fact that there
were lots already similar to the one in question. However, on, lot 303 in Nautica Sound, Mr.
Haag suggestec:l that a Minor Master plan Modification would be nec;essary in order to
corred the drafting error. His reasoninglwas that there were no other iots that were located
in a similar situation as the one in q~e~tion. After my conversation with Mr. Haag, I then
reviewed the Nautica Sound situation: one more time and discovered some additional
information that might help clarify thi~ situation. It appears. that the 10' side setback
dimension was placed incorrectly on the one-sided floater diagram on sheet 4 of 5 of the
Nautica Sound Master Site Plan. Thill diagram is incon6i~tent with the note shown on
sheet 2 of 5 of the Nautiea Sound Master Site Plan, I have attached a copy of both of
these sheets for your rwiew. n,is infcnnation was faxed to Mike Haag on June 16, 1996.
Mr. Haag left a message for me on Monday, June 24, 1996, indicating that he was stili
awaiting your review of the situation, As of thursday of this week it will have been three
weeks since this situation was first brought to the attention of your staff, therefore, prompt
attention to this matter would be appreciil\ted. I would strongly encourage you to allow this
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JLN. 26. 19'36 1 :
NO. 33Z----P.2/10
Memorandum
June 26, 1996
Page .. 2 ..
issue to be resolved administratively consistent with Mr. Hukill's letter. We will update the
rectified Master Plan in your records to revise the lot line and unit designation, and work
with the project engineer to amend the plat. Sending this project back through the process
to correct one lot line would not benefit anyone.
If you have any questions or need any further information to be able to make a
determination, Please feel free to contact me at (561 )689.05522.
Attachments
co: Gary Arkin; GL Homes
Mike Haag; Planning and Zoning Department, City of Boynton Beach
Carrie Parker, City Manager; City of Boynton Beach
Bill Hukill, City Engineering; City of Boynton Beach
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OFF1CE OF THE CITY ENGINEER
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June 10, 1996
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Kilday & Associates
, 1551. Forpm ~Iacc . \
Suite IOOA
West Pa!ln Beach, Florida 33401 ' II
Attention: Karyn Janssen
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Re: Nautica Sound Plat II .. Lots 301, 302 & 303
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Dear Ms, Jau.ssen;
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You may accomplish the requested revisions to the C017UT.on property line separating Jot 303 from
30] and 302 by revising the fmal plat prior to submission (of tbe plat documents) to us for review.
V cl)' truly yours,
I .
CITY OF BOYNTON BEACH. FLORIDA
@/?t41i1i~?m -
William Hukill, P.E.
City Engineer
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James Cherof, City Attorney
Tambri Heyden, Planning &. Zoning Director
Al Newbold, Deputy Director of Developm cnt
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OFFICE OF THE CITY ENGINEER
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June 10, 1 $196
Kilday & As~iates
I SS 1 Forum Place
Suite IOOA ,,,.
. .....West Palm Beach,'Florida 33401
Attention: Karyn Janssen
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Rc: Nautica Plat) - Lots 90 & 127
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Dear Ms.. Janssen:
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You may accomplish the requested revision to the property line b~tween lots 90 and 127 by
submitting the following documents:
II'
I,. A signed and sealed certification frOI'l-i the Developer's DeSign Profe~onal that the
proposed revision is in compliance with the City's Land D~velopment Regulations.
2. A written statement that the 3 foot easement has been relocated and conforms with
the LDR.
3. A separate recorded instrument dcpictingfdescribing proposed changes.
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V cry truly yours,
...
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CITY OF BOYNTON BEACH, FLORIDA
t1f'4&-(h##,tAtC'(. ,
'Williant fiukill. P.s-. 'I
City Engineer
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Ta~bri Heyden, PW1nioa & Zoning ,I?irector
, Al Newbold, Deputy Director of Development
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NAUTICA SOUND P.U.D. 'ST ANDARDS
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PRODUCT CATEGORIES:
, ,
ZERO LOTS - ~inlmum" 5,000 square foot lor'size, minimum' 50' widUlj
totel square foot buildings: minimum olle car gorage.', .
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minimum 1,800" o,r
"
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2. "r L.OTS - Minimum 4.500 square foot lot; minimum
square foot buildings; minimum one c~r gor09..
RIGHTS OF W/ft'f:' ",' . i' i ,.'
40' width;
mInimum '.200 total
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60'
80' RO
28
2
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(A) Pavemef1t includes 2' of volley 9utter on both sides of rood,
SETBACKS: BOTH PRODUCT CATEGORIES
Specific building, pool, jocuui/whirlpool. Qnd screen enclosure setpael<s for egeh lot or. identified
01"1 I drawings fouf1d on Sheot 4 of S ond Sheet 5 of 5. ' t
eUILDING (i.e., HOUE/COVERE:D PATIO)
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house
ouse
POOLS & JACUZZI/WHIRLPOOLS - ZERO LOT LINE AND "l' LOT UNITS
meet buiiding setbocl< reCluirelTlents.
110
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All roofs for enclosure will be constructed with screen. No hard rq,ofs will be allowed.
Refer to Building Chort obo\,/e for Fror'lt Setbccl<s,
landscape buff~r ~asement81
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(A)
(B)
Suffer meosured from Lawrence Road and Meadow. 80ulevQrd right of
. \, w~y:., It 'may overlop .with utility .~nd limlt~.d Qec~ls e~s~,f'!ients.
suff.,.. meosured tr'om reOf prop.rty lin. to the reel' of 0 bUlld;n9 or
. ,s~ructl.lr.. (OKp. Building S~tbocks/Londscop. Eosement) ,P
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JUN.26.1996 1:53PM KILDAY & ASSOCIATES
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AJ.O OT~ ~Asa-~N1'S. \V.~f: APP\..lCA~.
. ~ ~OTS A~& A~ eACtTo BACK
1-01'5 At.[) SHAw.. ~ve: A ti'.r:AR
aLJILOING SE:ll5ACt::, Of IS', AN 8' ~~~
. ~ fNCLOSlRIi .SEMa.;' ...'" A. 10' ..,
~AA! se1SACX foOl< JAClJUIe5 OC! POOLS.
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ALL 'UNITS \VILL COMPLY fO iHeSE SE-iBACKS.
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Lawson, Noble & Webb, Inc.
ENGINEERS · PLANNERS · SURVEYORS
NAUTICA SOUND - PLAT TWO
ORI"NA'- ~,/,ul.t:> f S~ ,t I ~e.~~ f'4.,.. "'~
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PLANNING & ZONING DEPARTMENT COMMENTS (MEMORANDUM NO. 96-380)
NO.1
THE IRREGULAR SHAPED LOTS 339 THROUGH 343 HAVE BEEN CHECKED AS
REQUESTED FOR MINIMUM LOT FRONTAGE (30.0') AT THE 15-FOOT SETBACK
LINE. WE HEREBY CERTIFY THAT THE ABOVE LISTED LOTS MEET THE MINIMUM
REQUIRED LOT FRONTAGE.
~tUA 7'7./-1,%_
RONALD W."LAST, P.E.
FLORIDA REG. NO. 38707
JHJ\LAND\95-181 \COMMENT. 729
LAWSON, NOBLE" WEBB, INC. 420 Columbia Drive. West Palm Beach. FL 33409. (407) 684-6686. Fax (407) 684-1812
LAWSON, NOBLE" ASSOCIATES 590 NW Peacock Boulevard. Suite 9. Port SI. Lucie. FL 34986. (407) 878.1700. Fax (407) 878-1802
RUDEN
MCCLOSKY
SMITH
SCHUSTER &
RUSSELL, P.A.
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l '
PLANNING AND
ZONING DEPT.
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 764-6660
FAX: (954) 764-4996
ATTORNEYS AT LAW
WRITER'S DIRECT DIAL NUMBER: (954) 761-2909
E-MAIL: ESS@RUDEN.COM
July 31, 1996
HAND-DELIVERED
Mike Haag
Current Planning Coordinator
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Supplemental Declaration-Nautica Sound
Dear Mr. Haag:
Per Gary Arkin's request, enclosed for your review, please find a copy of the proposed
Supplemental Declaration to Declaration of Covenants, Restrictions and Easements for Nautica
Sound.
Should you have any questions or concerns regarding this matter, please don't hesitate to
contact me.
Sincerely,
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.
l-A; ...,
c_LtJ:' x:/ ,;"J/;r(....j
c. f-
Ellen S. Siff
Legal Assistant
cc: Gary Arkin
FORT LAUDERDALE. MIAMI. NAPLES. ST. PETERSBURG. SARASOTA. TALLAHASSEE. TAMPA
PREPARED BY:
Mark F. Grant, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Fort Lauderdale, Florida 33301
SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR NAUTICA SOUND
This instrument ("Supplemental Declaration", as defined in the Declaration)
is made this day of ,1996 by G.L. HOMES OF BOYNTON BEACH II
CORPORATION, a Florida corporation ("Declarant"), whose principal office is
located at 1401 University Drive, Suite 200, Coral Springs, Florida, 33071, and
is joined by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation
not for profit ("Association"), whose principal office is located at 1401
University Drive, Suite 200, Coral Springs, Florida 33071.
WHEREAS, Declarant, joined by the Association, has executed and recorded
that certain "Declaration of Covenants, Restrictions and Easements for Nautica
Sound" in Official Records Book 8939, Page 1368 of the Public Records of Palm
Beach County, Florida; and
WHEREAS, Declarant, joined by the Association, has executed and recorded
that certain "First Amendment to Declaration of Covenants, Restrictions and
Easements for Nautica Sound" recorded in Official Records Book Page
_, of the Public Records of Palm Beach County, Florida ("First Amendment")
(hereinafter referred to as the "Declaration"); and
WHEREAS, Article III, Section 1 of the Declaration provides for the
recording, from time to time, of a "Supplemental Declaration" to commit
"Additional Property" to the "Property" (all as defined in the Declaration)
subject to the terms and provisions of the Declaration; and
WHEREAS, Declarant has, pursuant to the Declaration, declared "Nautica
Sound" (as defined in the Declaration) to be Property and subject to the
Declaration; and
WHEREAS, Declarant is the owner of and now desires to declare all of the
real property ("Additional Property") described on the Plat of NAUTICA SOUND,
P.U.D.-PLAT TWO, recorded in Plat Book , Page ____ through ____, inclusive,
of the Public Records of Palm Beach County, Florida (hereinafter referred to as
the "Additional Plat"), to be "Property" and subject to the Declaration;
NOW, THEREFORE, Declarant, joined by the Association, hereby makes this
Supplemental Declaration and hereby declares that the Additional Property shall
be deemed "Property" under the Declaration, and shall be owned, held, used,
transferred, sold, conveyed, demised and occupied subject to the covenants,
restrictions, easements, reservations, regulations, burdens and liens set forth
in the Declaration, the First Amendment and in this Supplemental Declaration.
FTL:131441:13
1
ARTICLE I
DEFINITIONS
The terms defined in the Declaration are incorporated herein by reference.
Such terms are identified by initial capital letters and appear in quotation
marks when used herein for the first time.
ARTICLE II
DESCRIPTION OF PROPERTY AND
LAND USE AREAS
1. The portions of the Additional Property designated on the Additional
Plat as Lots 182 through 424, inclusive, are each hereby declared to be a "Lot"
for a residential "Home" to be constructed as those terms are defined in the
Declaration.
2. The portions of the Additional Property designated on the Additional
Plat as Lots 212 through 220, inclusive, Lots 223 through 233, inclusive, Lots
235 through 240, inclusive, Lots 310 through 312, inclusive, Lots 315 through
324, inclusive, Lots 327 through 330, inclusive, and Lots 333 through 339,
inclusive, are each hereby declared to be a "Lake Lot" as defined in the
Declaration.
3. The portion of the Additional Property designated on the Additional
Plat as Tract "A" is hereby declared to be "Streets," "Drives," "Roads" and/or
Roadways," as defined in the Declaration, but subject to the requirements set
forth on the Additional Plat.
4. The portions of the Additional Property designated on the Additional
Plat as Water Management Tract "L-5" is hereby declared to be a "Lake" as defined
in the Declaration.
5. In addition to the Landscape Easements established in the Plat and
the Declaration, Nautica Sound shall also be subject to the Landscape Easements
on the Additional Plat and as set forth herein.
{-
Each Landscape Easement shall be maintained in accordance with
Article IX of the Declaration and as set forth below:
CD
A. The rear fifteen (15) feet of Lots 249 through 275, inclusive,
is a fifteen (15) foot wide Landscape Easement as designated on the Additional
Plat. GiJA berm shall be constructed within said Landscape Easement and the
landscape material shown on the landscape plans included within the Record
Approvals, as such landscape plans may be amended from time to time (the
~proved Landscape Plans"), shall be planted in the Landscape Easement,
including a continuous hedge planted atop the berm.V The Owners of Lots 249
through 275, inclusive, shall be responsible for maintaining the hedge and that
portion of the Landscape Easement in front of the hedge, including, but not
limited to, the sod, and any and all plantings and trees located thereon as shown
on the Approved Landscape Plans. The Association shall be responsible for
\oV./
FTL:131441:13
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,--
--
,
maintaining that portion of the Landscape Easement between the rear of the hedge
and the rear property line and shall have a perpetual nonexclusive easement over
and across said Lots for the purpose of maintaining said Landscape Easement.
Notwithstanding anything contrary contained in the Declaration, Owners of Lots
249 through 275, inclusive, are permitted to erect a fence parallel to the rear
property line of the Lot only if said fence is located parallel and immediately
adjacent to the front face of the hedge and provided the Owner complies with the
provisions of Article VIII and Article X, Section 16 of the Declaration.
,,~
B. ' The rear fifteen (15) feet of Lots 182 through 188, inclusive,
and Lots 420 through 424, inclusive, is a fAfteen (15) foot wide Landscape
Easement as designated on the Additional Plat.~The landscape material shown on
the ~roved Landscape Plans, including a con~~nuous hedge, shall be planted
adjacem: and parallel to the rear property line.0' The Owners of Lots 182 through
188, inclusive and Lots 420 through 424, inclusive, shall be responsible for
maintaining the Landscape Easement including, but not limited to, the sod, the
hedge and any and all plantings and trees located thereon as shown on the
Approved Landscape Plans. Notwithstanding anything contrary contained in the
~aration, Owners of Lots 182 through 189, inclusive, and Lots 420 through 424,
inclusive, are permitted to erect a fence parallel to the rear property line of
the Lot only if said fence is located on the rear property line of the Lot such
that all plantings within the Landscape Easement are in front of the fence and
provided the Owner complies with the provisions of Article VIII and Article X,
Section 16 of the Declaration.
C. The rear twenty (20) feet of Lots 243 through 249, inclusive,
is a twenty (20) foot Landscape Easement as designated on the Additional Plat.
'}' A berm shall be constructed within the Landscape Easement and the landscape
material shown on the ~oved Landscape Plans shall be planted withi;s the
Landscape Easement, including a continuous hedge planted atop the berm. YThe
Owners of Lots 243 through 249, inclusive, shall be responsible for maintaining
that portion of the Landscape Easement in front of the hedge, including, but not
limited to, the sod, the front of the hedge, and any and ~l plantings and trees
located thereon as shown on the A~oved Landscape Plans~ The Association shall
be responsible for maintaining that portion of the Landscape Easement between the
rear of the hedge and the rear property line, including, but not limited to, the
sod, the top and rear of the hedge and any and all plantings and trees located
thereon as shown on the Approved Landscape Plans. Notwi thstanding anything
contrary contained in the DeClaration, Owners of Lots 243 through 249, inclusive,
are permitted to erect a fence parallel to the rear property line of the Lot only
if said fence is five (5) feet tall and located parallel and immediately adjacent
to the front face of the hedge and provided the Owner complies with the
provisions of Article VIII and Article X, Section 16 of the Declaration.
D. 'The rear fifteen (15) feet of Lots 276 through 288, inclusive
and Lots 405 through 419, inclusive, is an F.P.L. Easement as designated on the
Additional Plat. ~Parallel and adjacent to the F.P.L. Easement is a twenty (20)
foot Landscape Easement as designated on the Additional Plat.' The landscape
material shown on the ~proved Landscape Plans, including a hedge, shall be
planted along the rear of the twenty (20) foot Landscape Easement parallel and
adjacent to the F.P.L. Easement. ~The Owners of Lots 276 through 288, inclusive,
and Lots 405 through 419, inclusive, shall be responsible for irrigating the
FTL:131441:13
3
F.P.L. Easement and for maintaining the Landscape Easement, including, but not
limited to, the sod, the front and top of the hedge, and any and all plantings
and trees located thereon as shown on the Approved Landscape Plans. 5 The
Association shall be responsible for maintaini~he fifteen (15) foot F.P.L.
Easement and the rear of the hedge adjacent to the twenty (20) foot Landscape
Easement as shown on the Approved Landscape Plans. Notwithstanding anything
contrary contained in the Declaration, Owners of Lots 276 through 288, inclusive,
and Lots 405 through 419, inclusive, are permitted to erect a fence parallel to
the rear property line of the Lot only if said fence is located on the rear line
of the Landscape Easement parallel and immediately adjacent to the rear face of
the hedge such that all plantings within the Landscape Easement are in front of
the fence and provided the Owner complies with the provisions of Article VIII and
Article X, Section 16 of the Declaration.
The rear fifteen (15) feet of the Landscape Easement on Lots 276
through 288, inclusive and Lots 405 through 419, inclusive, is an F.P.L. Aerial
Easement as designated on the Additional Plat. The Owner of a Lot within an
F.P.L. Aerial Easement shall be responsible to maintain all plantings, trees and
other landscaping growing within the easement at a height not to exceed fourteen
(14) feet. In the event the Owner fails to so maintain the F. P. L. Aerial
Easement, both the Association and F.P.L. have the right to enter upon the Lot
to maintain the height of all plantings, trees and landscaping growing within
the F.P.L. Aerial Easement at or below the fourteen (14) foot maximum height.
If F.P.L. maintains their Aerial Easement, F.P.L. will bill the Association for
the cost of such maintenance. The Association shall have the right to collect
from an Owner who fails to maintain the F.P.L. Aerial Easement as set forth
herein the cost of the maintenance of the Aerial Easement charged by F.P.L. or
otherwise incurred by the Association if such maintenance was undertaken by the
Association which costs shall be treated as an Assessment subj ect to the
provisions for collection of Assessments as set forth in the Declaration.
E. With respect to all Landscape Easements set forth in the
Declaration, Supplemental Declaration, Plat and the Additional Plat, all
references to "front" refer to the house side and all references to "rear" refer
to the side facing the rear property line of the Lot.
F. With respect to the Landscape Easements defined in Paragraphs
A through D above, in the event an Owner fails to maintain the Landscape
Easements located on his or her Lot, the Association shall be obligated to do so
and shall impose the cost thereof upon such Owner without the necessity of notice
or a Hearing and said cost shall constitute a lien upon the applicable Lot and
Home with the same force and effect as liens for Operating Expenses.
G. Notwithstanding anything to the contrary on the Additional Plat
or herein, the Declarant reserves and grants a perpetual nonexclusive easement
or easements in favor of Declarant, the Association and their designees, for
ingress and egress over and across the fifteen (15) foot F.P.L. Easement, as
designated on the Additional Plat, located on the side of Lots 276 and 277 and
the rear of Lots 276 through 288, inclusive, and on the side of Lots 418 and 419
and the rear of Lots 405 through 419, inclusive, for the purpose of fulfilling
its duties and responsibilities of maintaining the Landscape Easements as set
FTL: 131441: 13
4
forth in the Nautica Sound Documents and as may be determined by the Association
from time to time.
6. The portions of the Additional Property designated on the Additional
Plat as Tracts "B", "C" and "D" are Association Property and are hereby declared
to be "Landscaped Areas" and "Grassed Areas" as defined in the Declaration. The
Owner of Lot 424 and the Owner of Lot 267, their lessees, invitees and guests,
shall have the exclusive right of use of and the obligation to maintain Tract "C"
and Tract "D", respectivelYi however, said Owners may not construct, erect or
place any permanent or temporary improvements thereon, including, by way of
example and not limitation, fences, walls or hedges. Notwithstanding the
foregoing, the Association has the right to use Tract "D" to access for
maintenance purposes, the fifteen (15) foot Landscape Easement behind Lots 249
through 275, inclusive.
7. A fifteen (15) foot F.P.L. Easement exists commencing at the
Chesapeake Circle right-of-way line (a) proceeding east across Lots 276 and 277
and (b) proceeding west across Lots 418 and 419. No fence or other Improvement
can be installed within or across these F.P.L. Easements without the express
prior written consent of F.P.L. which written consent must be included with the
required application for said fence or other Improvement submitted to the
Committee for approval.
8. The first sentence of Article IX, Section 1.B of the Declaration as
amended is amended to add "and Lots 243 through 249, inclusive," after the word
"inclusive," on line 4.
9. Declarant hereby declares that all of the Additional Property
designated on the Additional Plat is "Property" and is therefore subject to the
applicable land use covenants and the benefits and burdens established under the
Declaration as fully as though it were originally designated as such in the
Declaration.
IN WITNESS WHEREOF, Declarant has executed, and the Association has joined
in, this Supplement on the day, month and year first above written.
G.L. HOMES OF BOYNTON BEACH
II CORPORATION, a Florida
corporation
WITNESSES AS TO DECLARANT:
Printed Name:
By:
Title: Vice-President
Printed Name: Alan J. Fant
(SEAL)
Printed Name:
FTL:131441:13
5
NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation not for profit
Printed Name:
By:
Title: Vice President
Printed Name: Alan J. Fant
(SEAL)
Printed Name:
STATE OF FLORIDA
ss:
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by Alan J. Fant, as Vice
President of G.L. HOMES OF BOYNTON BEACH CORPORATION, a Florida corporation, the
general partner of G.L. HOMES OF BOYNTON BEACH II CORPORATION, a Florida
corporation, freely and voluntarily under authority duly vested in him/her by
said corporation and that the seal affixed thereto is the true corporate seal of
said corporation. He/She is personally known to me or has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid
this day of , 1996.
Notary Public
Typed, printed or stamped name of Notary
Public
My Commission Expires:
FTL: 131441: 13
6
STATE OF FLORIDA
ss:
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgments, the
foregoing instrument was acknowledged before me by Alan J. Fant, as Vice
President of NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation
not for profit, freely and voluntarily under authority duly vested in him/her by
said corporation and that the seal affixed thereto is the true corporate seal of
said corporation. He/She is personally known to me or has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid
this ___ day of , 1996.
Notary Public
Typed, printed or stamped name of Notary
Public
My Commission Expires:
FTL:131441:13
7
"
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-492
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. HeYden-d~ ' Q,~A,
planning and Zoning Director tI"
DATE: September 8, 1995
SUBJECT: Nautica Sound (Knollwood Groves) - MPMD 95-006
Revise access points and unit type (replace mult-family
with ~;ngle-family detached units) and reduce lot size
and front, side and rear setbacks
INTRODUCTION
Kilday and Associates, agent for Meadows Groves, Inc. and R. Bradford
Arnold, trustee, is requesting to approval to modify the previously
approved master plan for the Knollwood Groves PUD (to be renamed to
Nautica Sound), as described in the attached report (Planning and Zoning
Department Memorandum No. 95-484). Nautica Sound is to be located on
the east side of Lawrence Road, approximately 1,300 feet south of
Hypoluxo Road.
After staff review, requests for master plan modifications are forwarded
to the City Commission, prior to forwarding to the Planning and
Development Board, for a determination that the changes requested are
ei thel" substantial in nature or not substantial in nature. This request
went before the city Commission on August 15, 1995. At this meeting the
Commission stated that a determination of nonsubstantial could be made
only if the minimum lot size of those lots that were 4,000 square feet
were increased to a minimum of 4,500 square feet (76 "Z" lots were
affected) and if 13 "Z" lots that were a minimum of 4,500 square feet
were increased to a minimum of 5,000 square feet. Lastly the applicant
had to remedy the problems raised by the Utilities Department.
Commission action was tabled to the September 5, 1995 meeting to allow
the applicant to revise his drawings and submit the changes to staff to
review.
RECOMMENDATION
Based on the applicant's compliance with the Commission's provisos, the
city Commission, at their September 5, 1995 meeting removed the request
from the table. With a unanimous vote, the Commission made a finding of
no substantial change regarding the modifications requested. Since the
request would subsequently be forwarded to the Planning and Development
Board for approval of the technical aspects within staff's comments, the
Commission agreed that because of the changes that had to be made in
ol-der to make a determination of no substantial change that the
Commission was conceding to a minimum building separation of 10 feet
rather than 15 feet, no road connection to Hypoluxo Road and no minimum
lot width. These concessions impact all staff comments, therefore it
is recommended that this request be approved, subject to the attached
staff comments in Exhibit "E" with the exclusions and revisions noted
below.
Planning and Zoning Department Memorandum No. 95-485 with the
c.-- : ~ --'.__A~": of comments 1 - 5 and 7 and deletion of comment
8 (all other. comments would still apply as written):
1. Show and identify the appropriate setback dimension at
the rear of all lots alonq the, east and northwest
property lines. Note: setback for residential buildings
is the distance, measured perpendicular, from the
property line to the closest horne/covered patio
(overhangs of less than 2 feet may encroach into a
setback). The setback along the northwest property line
shall be the same as required in the abutting zoning
district. Considering the land located in Palm Beach
County along the northwest property line is being annexed
DEPA fMENf OF DEVELOP:MEl\
ENGINEERING DM.,SION
100 Eas~ Boyn~on Beach Blvd.
P. O. Box 310
Boyn~oD Beach, Florida 33425-0310
November 14, 1995
[D) ~ rn OW ~I~I
,wf NOV I "7l995l~1
~ :
~ r
Kilday & Associates
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
Attention: Kieran Kilday
Re: Nautica Sound
PL,[I,N:\:!NG ;\N[;
/(:~tNC DEFT
,....---~,.,~~.~--_............, ...., ,.,"",,,,,,",,,,., ,~.....""'~..'-;
Dear Mr. Kilday:
The Nov. 10 letter sent by your office is a little puzzling to me
inasmuch as you refer to our lack of response to an Oct. 30 letter.
That particular letter arrived in the Engineering Division Nov. 6 and on
my desk Nov. 7. If an urgent response was expected, you could have so
informed me on Nov. 7 at the Commission meeting which we both attended.
Since I was in morning meetings both Nov. 8 and Nov. 9, and out of the
office on both afternoons, it was not possible to respond on those two
days. Nov. 10 was a City holiday. Nov. 11 & 12 were weekend days.
Your Nov. 10 letter arrived today.
with respect to the comments in our latest memo, Mr. Justice did not
respond for 18 days, not counting the week it took for his letter to
arrive here. As of Oct. 12, four comments remained. The first,
lettered A, was clearly informational only. The second was lettered E,
and was resolved in writing on Sept. 8. The third, lettered F5, was
written on Aug. 9 and responded to in the Oct. 30 letter. The fourth,
lettered F12, was summarized on July 26 in Memo 95-260, but has still
not shown up on the master plan.
One final comment, please. Some of the dates appearing on documents
coming into the City associated with this project have some
disconcerting date stamps. In addition to those mentioned hereinbefore,
the original certification referred to in the Oct. 30 letter is dated
Aug. 25 but didn't arrive here until Nov. 6.
When you have corrected the rectified master plan to incorporate these
comments we will consider our requirements satisfied. Your continuing
cooperation is appreciated.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
d//~/;!?;;:%#A'/
William Hukill, P.E.
City Engineer
WVH/ck
xc: Carrie Parker, City Manager
Tambri Heyden, Planning & Zoning Director
Rick Elsner, GL Homes
C:NAlrrISND'Ph
one:
(407) 375-6280
FAX: (407) 375-6357
/ Jr JII4/t1U,,~t
ENGINEERING MEMO #95-439
rn~:~:~~,rni
DATE: November 15, 1995
PLANNING AND
ZONING DEPT.
\
TO: BILL CA V f'\,NAUGH, FIRE PREVo OFF.
ROBERT EICHORST, P. W. DIR.
SGT. MAftLON H~RRIS, P.D.
T AMBRI HEYDEN, PLAN. & ZONING DIR.
SKIP MILOR, UTIL. CHIEF FIELD INSP.
AL NEWBOLD, DEPUTY DEV. DIR.
JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER
FROM: KEN HALL, ENG. PLANS CHECKIINSPECTOR 375-6283
SUBJECT: T.R.C. FINAL PLAT REVIEW - NAUTICA SOUND, PLAT
RELATED PAVING, DRAINAGE, WATER & SEWER PLANS.
. .
PLEASE REVIEW THE A TT ACHED SUBJECT PLATS AND PLANS AND PROVIDE
YOUR COMMENTS AND RECOMMENDA nONS AT TIlE NOVEMBER 28. 1995 TRC
MEETING. WE ASK THAT THE POLICE AND FIRE DEPARTMENT
REPRESENTATNES PLEASE REVIEW THE STAMPED SET OF DRAWINGS LOCATED
IN THE ENGINEERING DIVISION.
ALSO, PLEASE SIGN OFF ON THE STAMPED SET OFPA VING, DRAINAGE, WATER &
SEWER PLANS ON SAUSALITO PLACE AT THE NOVEMBER 28 MEETING. THANK
YOU.
./
. I t
KRHIkrh
C: William Hukill, Dev. Dir. and to file
Attachments:
memotrc
-
ENGINEERING MEMO #95-439
rnm~~:~m,rni
DATE: November 15, 1995
PLANNING AND
ZONING OEPT.
TO: BILL CA V;ANAUGH, FIRE PREVo OFF.
ROBERT EICHORST, P. W. DIR.
SGT. MAJtLON H'J\RRIS, P.D.
T AMBRI HEYDEN, PLAN. &; ZONING DIR.
SKIP MILOR, UTIL. CHIEF FIELD INSP.
AL NEWBOLD, DEPUTY DEV. DIR.
JOHN WILDNER, PARKS SUPER. & KEVIN BALLIHAN, FORESTER
FROM: KEN HALL, ENG. PLANS CHECKlINSPECfOR 375-6283
SUBJECT: T.R.C. FINAL PLAT REVIEW - NAUTICA SOUND, PLAT D
RELATED PAVING, DRAINAGE, WATER & SEWER PLANS.
.. .
PLEASE REVIEW THE A TT ACHED SUBJECT PLATS AND PLANS AND PROVIDE
YOUR COMMENTS AND RECOMMENDATIONS AT THE NOVEMBER 28. 1995 TRC
MEETING. WE ASK THAT THE POLICE AND FIRE DEPARTMENT
REPRESENTATIVES PLEASE REVIEW THE STAMPED SET OF DRAWINGS LOCATED
IN THE ENGINEERING DIVISION.
ALSO. PLEASE SIGN OFF ON THE STAMPED SET OF fA VING. DRAINAGE. WATER &
SEWER PLANS ON SAUSALITO PLACE AT THE NOVEMBER 28 MEETING. THANK
YOU.
-,
.
KRH/krh
C: William Hukill. Dev. Dir. and to file
Attachments:
memotrc
"-
-
1~~@~~\'iH~
lJl1 III I 6" l!J
ENGINEERING MEMO # 95- 440
PLANNING A~D, .
ZONING DEPT. ~
DATE: November 16,1995
t.rt'~
IQ: JAMES CHEROF, CITY ATTORNEY
FROM: KEN HALL, ENG. PLANS CHECK/INSPECTOR ~
SUBJECT: NAUTICA SOUND - PLATS 1 & 2, REVIEW/APPROVAL OF H.O.A. DOCS.
ATTACHED ARE THE BYLAWS, ARTICLES OF INCORPORATION, AND
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR THE
RECENTLY SUBMITTED (11115/95) SUBJECT PLATS. AT YOUR EARLIEST
CONVENIENCE, PLEASE REVIEW THE DOCUMENTS AND PROVIDE US WITH YOUR
OPINION AS TO THEIR ACCEPTABILITY. THANKS.
KRH/krh
C: William Hukill, Dev. Dir. *
Mike Haag, Zone/Site Admin. *
*with H.O.A. Docs.
nautsnd.doc
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-682
TO:
William Hukill
City Engineer
FROM:
Tambri J. Heyden
Planning and Zoning ~tor
'h 1 ~.
Mlc ae E. Ha
Current Planning :;r inator
December 1, 1995
THRU:
DATE:
SUBJECT:
Nautica Sound P. U. D. - Review of infrastruc~e p sand
plat drawings for Nautica Sound P.U.D. r Plat One and
Plat Two _ -
File No. PLAT 95- 08 and PLAT 95-009
Please be advised of the following comments regarding the first
review of the above-referenced request:
Plat One - Drawinqs (PLAT 95-008)
1. The master plan shall be modified to receive unconditional
sign-off by all Technical Review Committee members.
2. Show on sheet 2 of 7 a 5 foot wide limited access easement on
the east side of Lawrence Road north of the main entrance to
the project.
3. On sheet 2 of 7 show a lake maintenance access easement to
Tract L 1.
4. To show compliance with the approved 50 foot minimum lot
frontage modify the frontage of the regular shaped lot #181
found on sheet 3 of 3 to meet the approved minimum.
5. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the Engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below listed
irregular shaped lots. Thirty seven point five (37.5) feet is
the minimum lot frontage allowed for the lots at the 15 foot
front setback line. Also provide a current list of the areas
of each lot in plat one verifying that the lot areas are in
compliance with the minimum lot area of 5,000 square feet for
"Zero-Lot-Line" lots.
Lots 29, 173,171, 89, 87, 86, 88, 30, 31, 32, 39, 40, 41J
42, 141, 143, 109, 110 and 111.
6. Submit to the City Engineer and the Planning and Zoning
Director a recent contract purchase agreement for the subject
property signed by the previous owner and the new owner. The
contract purchase agreement will be evaluated to determine
land value to establish the required recreation fee.
Plat One - Infrastructure Drawinqs (PLAT 95-008)
7. Add to the bus stop parking area found on sheet 2 of 13 of the
paving, grading and drainage plans a handicapped parking
space. The parking space shall be designed in compliance with
the adopted state handicapped code. Show on the plan a type
"F" or type "D" curb at the west and east ends of the parking
spaces at the bus stop area. The location of the curbing
Page 2
MEMORANDUM NO. 95-682
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
shall be in compliance with Chapter 23 - Parking Lots, Article
II E [start the curbing at the elevation points 15.70 and
15.95 (within the parking space) and terminate the curbing at
the entrance way curb north of the sidewalk]. Drop curb at
intersection of sidewalk.
8. Verify that the configuration of the Lawrence Road right-of-
way shown on the plans west of the proposed Grove Plaza (Grove
Plaza - northeast corner of Hypoluxo Road and Lawrence Road)
is consistent with the right-of-way configuration approved
with the Grove Plaza master plan. Contact the City Engineer
for his comments on Grove Plaza.
Plat One - H.O.A. - Documents (PLAT 95-008)
Note: This review does not include review of the By Laws or
Articles of Incorporation. These documents are reviewed by
the City Attorney.
9. Provide Exhibit "A". It is recommended that the description
of the property be the plat book and page number assigned by
Palm Beach County when the plat was recorded.
10. Add to Article I Definitions the "General Maintenance
Guidelines" and IILake Area Management Plan" referenced on the
plat. Also, provide the document for review and add same as
lettered exhibits to the declaration of covenants,
restrictions and easements for Nautica Sound.
11. Provide Exhibit "BII. It is recommended that the description
of the property be the plat book and page number assigned by
Palm Beach County.
12. Add to Article II - Description of Nautica Sound, Section 2,
text indicating the project shall be developed in compliance
with the approved master plan, plat document and site plan
drawings and that changes to the approved drawings/documents
shall be processed as described in the Boynton Beach Code of
Ordinances. Also include a statement indicating, where
applicable, City permits shall be obtained to construct all
improvements.
13. Add to Article II - Description of Nautica Sound, Section 3,
B, text indicating that maintenance of the lakes shall be in
accordance with the "Lake Area Management Plan". Also,
identify each lake by identifying the tract designation shown
on the plat.
14. Add to Article II - Description ofi Nautica Sound, Section 3.
C., the tract designation shown on the plat that represents
the streets.
15. Add to Article II - Description of Nautica Sound, Section 3.
D., text indicating that maintenance of the "Landscaped Areas II
and IIGrassed Areasll shall be in accordance with the IIGeneral
Maintenance Guidelines". Also identify these areas by listing
the tract designation shown on the plat.
16. Add to Article II - Description of Nautica Sound, Section 4,
text that indicates the maintenance of the lake lots shall be
in accordance with the IILake Area Management Plan".
Page 3
MEMORANDUM NO. 95-682
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
17. Add to Article IX - Maintenance Repair Obligations, Section 1.
A., text that indicates, where applicable, maintenance shall
be in accordance with the "General Maintenance Guidelines" and
the "Lake Area Management Planll.
18. Add to Article IX - Maintenance Repair Obligations, Section 2.
B. and C., text indicating that, where applicable, maintenance
shall be in accordance with the "General Maintenance
Guidelines" and the "Lake Area Management Planll.
19. Add the following text to Article X - Rules and Regulations,
Section 16: Installation of fences shall comply with the
regulations specified on the approved master plan.
20. The Homeowners Association Documents shall not be recorded in
Palm Beach County until the City attorney and staff have
approved the documents.
21 . Provide the Planning and Zoning Department a copy of the
recorded document following approval by the City attorney and
staff. Contact the Engineering Division of the Development
Department for the procedures to follow in recording the
document.
Plat Two - Drawinqs (PLAT 95-009)
22. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the Engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below listed
irregular shaped lots. Thirty (30) feet is the minimum lot
frontage allowed for the lots at the 15 foot front setback
line. Also provide a current list of the areas of each lot
in plat two verifying that the lot areas are in compliance
with the minimum lot area of 5,000 square feet for IIZero-Lot-
Line" lots and 4,500 square feet for IIZ" lots with at least
13 "Z" lots having a minimum area of 5,000 square feet.
Lots 339, 340, 341, 342, and 343.
23. Submit to the City Engineer and the Planning and Zoning
Director a recent contract purchase agreement for the subject
property signed by the previous owner and the new owner. The
contract purchase agr~ement will be evaluated to determine
land value to establish the required recreation fee.
Plat Two - H.O.A documents (PLAT 95-009)
24. Submit for review the supplemental declaration documents for
plat two.
MEH:dim
...~
xc: Central File
a:NAUTCIAS.PLT
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-682
TO:
William Hukill
City Engineer
FROM:
Tambri J. Heyden
Planning and Zoning ~tor
Michael E. Ha~~
Current Planning ~inator
December 1, 1995
THRU:
DATE:
SUBJECT: Nautica Sound P. U. D. - Review of infrastructure plans and
plat drawings for Nautica Sound P.U.D. - Plat One and
plat Two
File No. PLAT 95-008 and PLAT 95-009
Please be advised of the following comments regarding the first
review of the above-referenced request:
Plat One - Drawinqs (PLAT 95-008)
1. The master plan shall be modified to receive unconditional
sign-off by all Technical Review Committee members.
2. Show on sheet 2 of 7 a 5 foot wide limited access easement on
the east side of Lawrence Road north of the main entrance to
the project.
3. On sheet 2 of 7 show a lake maintenance access easement to
Tract L 1.
4. To show compliance with the approved 50 foot minimum lot
frontage modify the frontage of the regular shaped lot #181
found on sheet 3 of 3 to meet the approved minimum.
5. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the Engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below listed
irregular shaped lots. Thirty seven point five (37.5) feet is
the minimum lot frontage allowed for the lots at the 15 foot
front setback line. Also provide a current list of the areas
of each lot in plat one verifying that the lot areas are in
compliance with the minimum lot area of 5,000 square feet for
"Zero-Lot-Line" lots.
Lots 29, 173,171, 89, 87, 86, 88, 30, 31, 32, 39, 40, 41,
42, 141, 143, 109, 110 and 111.
6. Submit to the City Engineer and the Planning and Zoning
Director a recent contract purchase agreement for the subject
property signed by the previous owner and the new owner. The
contract purchase agreement will be evaluated to determine
land value to establish the required recreation fee.
Plat One - Infrastructure Drawinqs (PLAT 95-008)
7. Add to the bus stop parking area found on sheet 2 of 13 of the
paving, grading and drainage plans a handicapped parking
space. The parking space shall be designed in compliance with
the adopted state handicapped code. Show on the plan a type
"F" or type "D" curb at the west and east ends of the parking
spaces at the bus stop area. The location of the curbing
Page 2
MEMORANDUM NO. 95-682
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
shall be in compliance with Chapter 23 - Parking Lots, Article
II E [start the curbing at the elevation points 15.70 and
15.95 (within the parking space) and terminate the curbing at
the entrance way curb north of the sidewalk]. Drop curb at
intersection of sidewalk.
8. Verify that the configuration of the Lawrence Road right-of-
way shown on the plans west of the proposed Grove Plaza (Grove
Plaza - northeast corner of Hypoluxo Road and Lawrence Road)
is consistent with the right-of-way configuration approved
with the Grove Plaza master plan. Contact the City Engineer
for his comments on Grove Plaza.
Plat One - H.O.A. - Documents (PLAT 95-008)
Note: This review does not include review of the By Laws or
Articles of Incorporation. These documents are reviewed by
the City Attorney.
9. Provide Exhibit "A". It is recommended that the description
of the property be the plat book and page number assigned by
Palm Beach County when the plat was recorded.
10. Add to Article I Definitions the "General Maintenance
Guidelines" and "Lake Area Management Plan" referenced on the
plat. Also, provide the document for review and add same as
lettered exhibits to the declaration of covenants,
restrictions and easements for Nautica Sound.
11. Provide Exhibit "B". It is recommended that the description
of the property be the plat book and page number assigned by
Palm Beach County.
12. Add to Article II - Description of Nautica Sound, Section 2,
text indicating the project shall be developed in compliance
with the approved master plan, plat document and site plan
drawings and that changes to the approved drawings/documents
shall be processed as described in the Boynton Beach Code of
Ordinances. Also include a statement indicating, where
applicable, City permits shall be obtained to construct all
improvements.
13. Add to Article II - Description of Nautica Sound, Section 3,
B, text indicating that maintenance of the lakes shall be in
accordance with the "Lake Area Management Plan". Also,
identify each lake by identifying the tract designation shown
on the plat.
14. Add to Article II - Description of Nautica Sound, Section 3.
C., the tract designation shown on the plat that represents
the streets.
15. Add to Article II - Description of Nautica Sound, Section 3.
D., text indicating that maintenance of the "Landscaped Areas"
and "Grassed Areas" shall be in accordance with the "General
Maintenance Guidelines". Also identify these areas by listing
the tract designation shown on the plat.
16. Add to Article II - Description of Nautica Sound, Section 4,
text that indicates the maintenance of the lake lots shall be
in accordance with the "Lake Area Management Plan".
Page 3
MEMORANDUM NO. 95-682
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
17. Add to Article IX - Maintenance Repair Obligations, Section 1.
A., text that indicates, where applicable, maintenance shall
be in accordance with the "General Maintenance Guidelines" and
the "Lake Area Management Plan".
18. Add to Article IX - Maintenance Repair Obligations, Section 2.
B. and C., text indicating that, where applicable, maintenance
shall be in accordance with the "General Maintenance
Guidelines" and the "Lake Area Management Plan".
19. Add the following text to Article X - Rules and Regulations,
Section 16: Installation of fences shall comply with the
regulations specified on the approved master plan.
20. The Homeowners Association Documents shall not be recorded in
Palm Beach County until the City attorney and staff have
approved the documents.
21. Provide the Planning and Zoning Department a copy of the
recorded document following approval by the City attorney and
staff. Contact the Engineering Division of the Development
Department for the procedures to follow in recording the
document.
Plat Two - Drawinqs (PLAT 95-009)
22. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the Engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below listed
irregular shaped lots. Thirty (30) feet is the minimum lot
frontage allowed for the lots at the 15 foot front setback
line. Also provide a current list of the areas of each lot
in plat two verifying that the lot areas are in compliance
with the minimum lot area of 5,000 square feet for "Zero-Lot-
Line" lots and 4,500 square feet for "Z" lots with at least
13 "Z" lots having a minimum area of 5,000 square feet.
Lots 339, 340, 341, 342, and 343.
23. Submit to the City Engineer and the Planning and Zoning
Director a recent contract purchase agreement for the subject
property signed by the previous owner and the new owner. The
contract purchase agreement will be evaluated to determine
land value to establish the required recreation fee.
Plat Two - H.O.A documents (PLAT 95-009)
24. Submit for review the supplemental declaration documents for
plat two.
MEH:dim
xc: Central File
a:NAUTCIAS.PLT
/:)/1 \
/.~/~~
U - --G
ENGINEERING DIVISION
MEMORANDUM NO. 95-464
December 4, 1995
TO:
FROM:
Ken Hall
Engineering Plans Check Inspector/Technician
~~;'~am V. Hukill, P.E.
~""Engineer
RE: NAUTICA SOUND P. 0 .A. DOCUMENTS
Please assume that the handwritten note "Documents contain
necessary and required unified control" on the copy of your memo
95-440 to City Attorney Cherof was written approval and his
statement that the P.O.A. documents are acceptable. By copy of
this memo we are notifying Mr. Cherof of this assumption and that
if he disagrees he must notify us promptly of that disagreement.
WVH:bh
Attachment - Memo 95-440
XC: James Cherof w/attachment
Michael Haag w/attachment
rnm@'~:l:mrn
\
- PUI.NNING ANO
_IQ~j~iG..f~EP1._._~..
.-"......,-_.....-....
A:NAI1TICA.POA
-
- -.
ENGINEERING MEMO # 95- 440
tl ~,..........
.t~;. ...~ "'t:D
N()V
~v
DATE: November 16,1995
IO: JAMES CHEROF, CITY ATTORNEY
FROM: KEN HALL. ENG. PLANS CHECK/INSPECTOR C2.--
SUBJECT: NAUTJCA SOUND - PLATS 1 & 2, REVIEW/APPROV AL OF H.O.A. DOCS.
-1-.: '...:.Y
-_._~
--
or
ATTACHED ARE THE BYLAWS, ARTICLES OF INCORPORATION, AND
DECLARATION OF COVENANTS. RESTRICTIONS AND EASEMENTS FOR THE
RECENTLY SUBMITTED (11/15/95) SUBJECT PLATS. AT YOUR EARLIEST
CONVENIENCE. PLEASE REVIEW THE DOCUMENTS AND PROVIDE US WITH YOUR
OPINION AS TO THEIR ACCEPTABILITY. THANKS.
[D) m @ ~ 0 WI m ~!
UlJ NOV 2 9 1995 U
ENGINEERING
*with H.a.A. Docs.
/;}of5
&(U~T tEnz~/"a~7
r-/ ~7(..d.tU~ t.I~,r
~.V(
KRH/krh
C: William Hukill. Dev. Dir. *
Mike Haag, Zone/Site Admin..
nautsnd.doc
rn m ~:I:m ill
;-.-.,.....-,........."~,-,._;,........,..~....,.. ...-....."..-_._"" ".~ .
~ !~. ',:" ;, ; i':
Jt ~pM- I
/J L,
MEMORANDUM
UTILITIES DEPT. NO. 96-018
6
.CiL.\
TO:
Grady Swann, Finance Director
FROM:
John A. Guidry, Utilities Director
DATE:
January 12, 1996
SUBJECT: Reservation Fee Transmittal
N autica Sound - Plats I & II
.__..-._._______.._"F._ ~
Enclosed is check no. 1011 from G.L Homes of Boynton Beach II Corp. in the
amount of $58,766.40 as the reservation fee for the proposed 424 single family
homes to be located at Hypoluxo Road and Lawrence Road. Please deposit this
check in the appropriate account.
You may refer any questions on this matter to Peter Mazzella of this office.
JAG/PVM
be: Peter Mazzella
xc: Tambri Heyden, Planning Director
Bill Hukill, Director of Development
File
ENGINEERING MEMO #96-046
rn
u: ~ u ~ i,fiil
FEB - 5 1996 ~
PLANNING AND
ZONING DEPT.
DATE: February 5, 1996
TO: BILL CAVANAUGH, FIRE PREVo OFF.
ROBERT EICHORST, P.W. DIR.
SGT. MARLON HARRIS, P.D.
T AMBRI HEYDEN, PLAN. & ZONING DIR. (Including copy of comments)
SKIP MILOR, UTIL. CHIEF FIELD INSP.
AL NEWBOLD, DEPUTY BLDG. OFF.
JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER
FROM: KEN HALL, ENG. PLANS CHECK/INSPECTOR 375-6283 ~
SUBJECT: T.R.C. REVIEW - NAUTICA SOUND - PLATS ONE AND TWO-
A~D THEIR RELATED PAVING /DRAINAGE PLANS - FINAL REVIEW
AND SIGN-OFF.
Attached are the final plans for review and sign-off. Please review your comments and if they
have been complied, please sign off on the subject plats and infrastructure plans located in the
engineering division. If your comments have not been addressed. please advise the Development
Department by the end of the day of F ebruaty 12th. Thanks for your cooperation.
KRH/krh
C: William Hukill, Dev. Dir. and to file
memotrc
ENGINEERING MEMO # 96- 047
- G~~[-~ ~ D W ~-rnn \
I u ~ ~ u'l
~J FEB - 6 1900 ; j
\
DATE: February 5,1996
L
PLANNING AND
ZONING DEi'T.
IQ: JAMES CHEROF, CITY ATTORNEY
FROM: KEN HALL, ENG. PLANS CHK/INSP~
SUBJECT: NAUTICA SOUND - FIRST AMENDMENT TO DECLARATION.
PLEASE REVIEW AND APPROVE THE A TT ACHED AMENDMENT TO THE SUBJECT
DECLARATION. PLEASE DIRECT YOUR WRITTEN RESPONSE TO THE DEPT. OF
DEVELOPMENT DIRECTOR. THANKS.
'~i1fi
KRH/krh
William Hukill, Dev. Dir. and to file.
Mike Haag, Site Coord. with attach.
.l' ACSIMILE COVER SHE~ r
RUDEN, MeCLOSKY, SMITH, SCHUSTER" RUSSELL, P.A.
200 E..t Rroward Boulevard
POlt omee Dos 1900
fort Lauderdale, Florida 33302
Fax No. (954) 764-4996
FROM:
Ellen Sift
Ii) E C E D WI m ~i
lJl) r 2 1'196 ~ I
. ENGINEERING I
"'"-..""-".....,.- ..j
DATE:
February 1, 1996
FILE NO.:
GL16799-2
DIRECT DIAL NO.:
761-2909
Number or pages: Scw.:1l
(lndadlns tbb COTe,. Paae)
(
,
)
If tIIcre are Iny problem or comprkadonl, p"" lotlty III imllMCtlately at (954) 7~
~.",
SIl","lff~L
TO:
Bill Hukill, Chief Eaginc:er
COMPANY:
City or BOJlltOD Deatb
FAX NO.:
407-375-6090
COMMENTS: Atlachcd for your review, is the First Amendment to the Declaration of Covenants,
Restrictions, and Easements for Nautica Sound which I am forwarding to you per Gary Arkin's
instruction:;, Should you lul.ve MY questions or concerns regardins this ma.tter, please don't hesitate
to contact me.
InE INFORM....UON {:ONl.'AINED IN THI!S FACSIMILE MFSSAGF. IK ATI'ORNIlV PRlVILECi:D A.Nh CONFIDEN'nAL
IN.'ORMATlON INTL:NDGD ONLY 1I0R THF. lIS.. OF TilE INDIVIDUAL OR P.NTlrv NAMED ABOVE. IF THE ReADER OF nus
MESSAGE IS NOT'I'UE INTHNDB> RECIPIENT, YOU ARE HEIUiBV NOTIFIED lHAT ANY DISSEMINATION, DIS1'R.IBUllON Oil COPY
Of 'rHIS COMMUN1(:A'110N IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED nus COMMUNICATION (N tllUtOlt., PLMSP.
IMMEDIATELY NOTIfY US flY TELEPHONH (11' LONG Dl5'rA!IICE. I'LM31! CAL.L COLLEC'I) AND RETURN 'nus ORIGINAL
MBSi'lAIJt\ TO US I\T 1111-: ADOVl! ADl>Iu:SS VIA THt:: u,s. POSTAL SilIWICE. TIiANk YQU.
R~lllr., ,,,: (onch... utr.add!'nIWIIIll"I'" MlVe\oPf)
Na.ne:
Addr..:
Thilllodrument rl",pllr\:d 11Y:
Mark F, Onult, Esq.
Ruden, M\:Closky, Smith
Schuster & Russell, P.^.
200 Easl Bmward 130ulcvard
15th floor
Furt l.auderdHlc. H)rida 33301
!lI'ACl Allll\..t'l'lll~ UNt: 1"UIlI'Il.OCUllNC llo\"l'A
"'IRST AMESDMENT TO DECLARATION OF COVENANTS,
RESTRICTIONS ANn EASEMENTS FOR NAUTICA SOUND
This instrument ("Amendmenttt) is made as of this 1st day of February, 1996 by
O. i J. HOMES OF BOYNTON BEACH II CORPORATION., a Florida corporation ("Declarant"),
whose principal oftice is located at 140 I UniveT~ity Drive, Suite 200, Coral ~pringB, Florida 33071.
603'9, and .ioillt..~d in by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not.for~protit ("Association"), whose principal office is located at 1401 University
Urive, Suite 200, Coral SpringS', Florida 33071.6039.
WIIEREAS. Dtclarant has executed and recorded in Official Ra;OJ"\h Book 8939, Page 1368
of the Publlc Records of Palm Beach County, Florida, a certain "Declaration of Covenants,
Re!;trictions amI Easements to!' Nautica Sound,lI (hereinafter referred to as the "Dcc1aration")~ and
WIWREAS, the Declaration provides in Section 8, Pamgraph 1, thatpnor to the "Turnover
Date" ( as defined in the Articles of Incorporation of the Association). Declarant may amend the
Declaration without the requirement of the consent ofthe A!lsociation or the "Owners" (as defined
in the Declaration); and
WHEREAS, Section 8, Paragraph 1, also provides that the Association shall, u.pon the
request of the I>cc!ur.ult,joil\ in any amendment and execute an inmument to evidence ~uchjoinder
Wld cOl\st!nl; and
WHr.REJ\S, Declarant desires to amend the neclaration with resard to certain matters
contained ill the Declaration; and
F'l'L:l;>11;>1.J
WHEREASt Declarant requests the joinder and consent of the Association; and
WHEREAS, the Turnover Date has not occurred as of the date first above written; and
NOW THEREfORE, Declarant hereby declares that ti.e Declara.tion is hereby amended as
follows:
I. Section 2, Articie II of the Declaration is hereby amended by adding thereto the
followinB lanyU3ge as Paragraph 2:
Nautica Sound shall be developed in oonformanoe with the "NAUTICA SOUND
F .K.A. Knollwood Groves P.U.D, Rectified Master Plan" prepared by Kilday &.
,L- Associates (the "Master Plan"), the Plat and Additional Plat, if any, and any site pllll1
(ti \
v approved by the City of Boynton Beach (collectively. the "Record Approvalslt), each
as may be amended from time to time.
2. The last paragraph in Section 2, Article II of the Declaration is hereby amended by
adding thereto the following language as the last sentence:
/
O't-
Moditications to the Record Approval~ ot' any of them, 5hall be processed in
accordance with the Boynton Beach Code of Ordinances. Where applicable, City
of Boynton Beach pennits shall be obtained to construct improvements.
3. The first sentence in Section 3(A), Article 11 of the Declaration is hereby amended
as follows:
(Jf
"Nautica Sound will include a recreation area ("Recreation Tract") designated on
the Plat as Tract C:'
4. The first sentence in Section 3(B), Article 11 of the Declaration is hereby amended
a8 follows:
.\
~L6
>A
"The "Lakes" arc those portions of the Property designated as Tracts '"L 1", "L2",
· 'L3/1, and .. L4" on the Plat and shall always he kept and maintained M1akes for water
retention. drainage. irrigation and water management purposes in compliance with
all applicable governmental and water management district requirements."
5. The first sentence in Section 3(C) of Article: II ofth~ Dccl&t11tion ill hereby amended
as follows:
&\1-
"The '"Street~," "Drives," "Roads" and/or "Roadwa.ys" are those portions of the
propel1y designated on the PInt 415 T~t "A" and which are reserved fnr or dedicated
~'I'l.: !231H;.
2
to the As!>oci alion but sped ileall)' excludina any street or roadway dedicated to the
public 011 the: Plat or thee: Additional Plat.
6. The firM sentence in Section 3(D), Article II of the Declaration Is hereby amended
as 1,)1I0\...~:
I
({/
"The "Landscaped Areas" and "'Grassed Aleut, ore thoH portions of the Property
designated on the Plat as Tracts "D", "E"j "f", "0'" and "H" and are to be: used, kept
and maintained as such by Declarant, the Association and the Owners, their family
membcl'Q, guests, le~~ccs: and invitees in accordance with the provisions of this
Dccl,lralioll. "
7. TIlt.: first sentence in Section 16, Article X of the Declaration is hereby amended
i.1l> l(lllow~:
(?iV-
"Any ICllCC placed upon nny Lot must be approved by the Committee, as provided
in Niiclc VIII hcreol~ prior to installation, and shall be InstaBed in compliance with
the Ivlltster Plan (as herein delincd)."
~n
D
S. The following pumgraph shAlt be added to Article XIII, Section 8 of the Declaration
as Pawgraph NUl11hcr 7:
., An>' proposed amendmt:!nt to the Declaration which would affect the surface water
managl,;l1lcnt system (including environmental conservation areas and the "''ater
m3nag~llIcnt portions of the Association Property) oshAll be submitted to the South
','lorida Water Management District for a determination of whether the proposed
amendment necessitates a modification of the surface water management permit"
v
:) <:}
11.111ows:
Exhibit "A" the Dtclara.tio~ is amended to reflect the recordation of the Plat as
,. A \I of tht: Plat of Nautica Sound P .U.n.-Plat One, according to 1he Plat thereof, as
recorded in Plat Book _, Page _, of the Public Reoords of Palm Beach
Cuunty, Florida.
9f-
10. Exhibit "U" of the Declaration i!; amended to It;11tl,~ the recordation of the Additional
PIal u,s rol1ow~:
"AII ol"the Plat of Nautica Sound P.U.D..Plat Two, according to the Plat them>f. as
re.L~fmi(~fi in Plat Book ----' Page _. . of the Public Records of Palm Beach
County, rk~rida."
r"r(..1:;q12~ 'z
3
,11. Unless otherwise defined herein, each term defined in the Declaration and used herein
shall have its meaning as defined in the Declaration.
12. This Amendment shall become effective upon recordina amongst the Public Records
of Palm Beach County, Florida.
13. As modified hereby, the Dc:clQCQuon sha.11 remain in full force and effe(lt in
accordance with the terms thereof.
IN WITNESS WllliREOF> this Amendment has been signed by Declarant and joined in by
the A58ociation on the respeetive dates set forth below.
By: G. L. HOMES OF BOYNTON BEACH II
CORPORATION, a Florida corporation,
By:
Printed Name:
Alan Fant, Vice President
.,.
Attest:
Printed Nwne:
. Secretary
(SEAL)
WITNESSES:
ASSOCIATION:
NAUTICA SOUND HOMEOWNERS
ASSOCIATION, INC., a Florida corporation not for
profit
By:
Primed Name:
Ahm J. Fant, Vice President
Printed Name:
Attest:
Lawrence Portnoy. Secretary
(SEAL)
M'J:..l:l:il:l~ ,:l
4
STATE OF FLORIDA )
) SS:
COUNTY OF BROW ARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County afores:aid to take atknowledgments. the fore~oing instrument wa..<:;
acknowledged before me by ALAN J. F ANT and , the Vice President and Secretary t
respectively, of O. L. HOMES OF BOYNTON BEACH II CORPORATION, INC., a Florida
corporation, freely and voluntarily under authority duly vested in them by said corporation, and that
the seal affixed thereto is the true c0l1)Orate seal of said corporation. ALAN J. F ANT is personally
known to me or has produced as identification. is
personally known 10 me or has produced as idcntificDtion.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
Febr:uary, 1996.
,
Notary Public, State of Florida at Large
.~
Typed, Printed or StAmped Name of Notary Public
My Commission Expires:
"..J......., .L.1.).l~" I'
~
STATE OF FLORIDA )
) ss:
COUNTYOFBROWARD )
{ HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments. the foregoing instrwnent was
acknowledged before me by ALAN 1. F ANT and LAWRENCE PORTNOY, the Vice-President and
Secretary, respectively, ofNAUTICA SOUND HOMEOWNERS ASSOCIATiON, INC., a Florida
corporation not for profit, freely and volW1tarlly under authority duly vested in them by said
corporation, and that the seal affixed thereto is the true corporate seal of said corporation. ALAN
J. FANT is personally kno\\n to me or has produced as identification.
LAWRENCE PORTNOY is personally known to me or ht\S produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
February, 1996.
(
Notary Public. State of Florida at Large
My Commission Expires:
Typed, Printed or Stamped Name of Notary Public
FTL, 1:13124 , :il
6
, )
~J:..v
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-084
DATE:
William Hukill
City Engineer
Tambri J. HeYden~
Planning and Zoning,\D~ector
Michael E. Haag:;'~t
Current Planning dinator
February 13, 1996
'~'
0l_ · l~b
~
TO:
THRU:
SUBJECT:
Nautica Sound P.U.D. - Review of infrastruct~ pJlans
and plat drawings for Nautica Sound P.U.D. - Plat ~
and Plat Two _-.-/
File No. PLAT 95-008 and PLAT 95-009
FROM:
Please be advised of the following comments regarding the second
review of the above-referenced request:
~
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Plat One - Plat and infrastructure drawinqs (PLAT 95-008)
- . .-"--- .__.. -- -, '..--... "--. --- --- ..------..........--~. "'-.----........... ...---..........-------.- '\...
-"- --..... . - . - ~ --' -- ''\
1.~~-Show ~ompliance with ~he minimum lot frontage for irregular'
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below
listed irregular shaped lots. Thirty-seven point five
(37.5) feet is the minimum lot frontage allo~d for the lots f
at . t:he fifteen (15) foot front setback line J Also provia~
a"'current ll.st of1:he areas or each"J.Ot in plat one
verifying that the lot areas are in compliance with the
minimum lot area of 5,000 square feet for "Zero-Lot-Line"
lots.
" .-------..::;--
--..
Pla t Two
.
Lots ~ 173, 1 71 , 89, 87, 88, ~ v 31 , 32, 39, 40, 41 ,
42, 141, 143, 109, 110 and 111. ~
------:-------'------- ,---/'~_._..._.----..__.~._~
- Plat and 1nfrastructure drawinqs (PLAT 95-009)
----..~~
~
i~ '3
f (,
2. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below
listed irregular shaped lots. Thirty (30) feet is the
minimum lot frontage allowed for e lots a the 'ft en
(15) foot front setback line. Iso provl. e a current l.st
o~ the~'a~s of each ot in plat two verifying that the lot
areas are in compliance with the minimum lot are. of 5,000
square feet for "Zero-Lot- Line" lots and 4,500 square feet
for "Z" lots with at least thirteen (13) "Z" lots having a
minimum area of 5 000 square feet.
~ 342:~
H.O.A. - Documents (PLAT 95-008 and PLAT 95-009)
3. Submit for review the supplemental declaration documents for
plat two.
4. Submit to the Planning and Zoning Department and Development
Department a copy of the recorded Association Documents for
Nautica Sound Plat One.
Page 2
MEMORANDUM NO. 96-084
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
5. The first amendment to the Declaration of Covenants,
Restrictions and Easements for Nautica Sound for plat one
shall include language regarding the HOA's responsibility
for the maintenance of the landscaping in Tract liB"
(Springfield Boulevard). Please add the language to Section
1.C. of Article IX.
6. The first amendment to the Declaration of Covenants,
Restrictions and Easements for Nautica Sound for plat one
shall not be recorded in Palm Beach County until the City
Attorney and the Development Department Director have
approved the document.
7. The supplemental declaration documents for plat two shall
not be recorded in Palm Beach County until the City Attorney
and staff have approved the document.
8. Following the recording of Nautica Sound Plat one and Plat
Two and prior to recording the first amendment to the
Declaration of Covenants, Restrictions and Easements for
Nautica Sound place the plat book and page number for plat
one and two on the document. Contact the Engineering
Division of the Development Department for the procedures to
follow in recording the plats and the first amendment
document.
MEH:dim
xc: Central File
a:NAUTCIA2.PLT
TO:
THRU:
FROM:
DATE:
SUBJECT:
fJ-v
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-084
William Hukill
City Engineer
Tambri J. HeYden~
Planning and zoningl\~~ector
Michael E. Haag~'~'l
Current Planning dinator
February 13, 1996
Nautica Sound P.U.D. - Review of infrastructure plans
and plat drawings for Nautica Sound P.U.D. - Plat One
and Plat Two
File No. PLAT 95-008 and PLAT 95-009
Please be advised of the following comments regarding the second
review of the above-referenced request:
Plat One - Plat and infrastructure drawinqs (PLAT 95-008~
- ---.-..-..-.---.....----.., --.. _...-....."""-....~.----..----'~"'-~--_. --....---......._y'\,..
1.1.'/ Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the engineer of record for the
project, that lists no less than the minimum lot frontage at
the fifteen (15) foot front setback line for the below
listed irregular shaped lots. Thirty-seven point five
(37.5) feet is the minimum lot frontage allowed for the lots f
at the fifteen (15) foot front setback line~ Also pr~ra~
a:-'curr'entl.J.st oIr:ne areas or each lot in plat one
verifying that the lot areas are in compliance with the
minimum lot area of 5,000 square feet for "Zero-Lot-Line"
lots.
~
~~~
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Plat Two
-' _______c-
-,
Lots 29, 173,171, 89, 87, 88, 30, 31, 32, 39, 40, 41,
42, 141, 143, 109, 110 and 111. ~
~ --/"'-~
.---- -- ---"'---.,._~.._.~
- Plat and infrastructure drawinqs (PLAT 95-009)
~
2. Show compliance with the minimum lot frontage for irregular
shaped lots as specified on the master plan by providing a
letter, signed and sealed by the engineer of record for the
project, that lists no less than the minimum lot frontage at )
the fifteen (15) foot front setback line for the below
listed irregular shaped lots. Thirty (30) feet is the
minimum lot frontage allowed for he lots at the 'ft en
(15) foot front setback line. Iso provJ. e a current J.st
o'f th-e--'areas of each ot in plat two verifying that the lot
areas are in compliance with the minimum lot area of 5,000
square feet for "Zero-Lot- Line" lots and 4,500 square feet
for "Z" lots with at least thirteen (13) "Z" lots having a
minimum area of 5 000 square feet.
Lots 339, 340.~41: 342'~
H.O.A. - Documents (PLAT 95-008 and PLAT 95-009)
'fl
~1
3. Submit for review the supplemental declaration documents for
plat two.
4. Submit to the Planning and Zoning Department and Development
Department a copy of the recorded Association Documents for
Nautica Sound Plat One.
Page 2
MEMORANDUM NO. 96-084
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
5. The first amendment to the Declaration of Covenants,
Restrictions and Easements for Nautica Sound for plat one
shall include language regarding the HOA's responsibility
for the maintenance of the landscaping in Tract "B"
(Springfield Boulevard). Please add the language to Section
1.C. of Article IX.
6. The first amendment to the Declaration of Covenants,
Restrictions and Easements for Nautica Sound for plat one
shall not be recorded in Palm Beach County until the City
Attorney and the Development Department Director have
approved the document.
7. The supplemental declaration documents for plat two shall
not be recorded in Palm Beach County until the City Attorney
and staff have approved the document.
8. Following the recording of Nautica Sound Plat one and Plat
Two and prior to recording the first amendment to the
Declaration of Covenants, Restrictions and Easements for
Nautica Sound place the plat book and page number for plat
one and two on the document. Contact the Engineering
Division of the Development Department for the procedures to
follow in recording the plats and the first amendment
document.
MEH:dim
xc: Central File
a:NAUTCIA2.PLT
ill
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DEPARTMENT OF DEVELOPMENT
ENGINEERING DIVISION MEMORANDUM NO. 96- 77
TO:
John Guidry
Director of Utilities
1x.Aj~ukill, P .E.
~~eer
~ l'c edA-
. 1~
FROM:
DATE:
March 6, 1996
RE:
NAUTICA SOUND
You recently requested development requirements relating to rainstorms, flooding, et al. They are
attached as requested your Memo 96-064.
WVH/ck
attachments
xc: Tambri Heyden, Planning & Zoning Director
Mark Law, Deputy Director, Wastewater
C:REQMNTS
Section 5. . ainage and sto:rm water trea .ent.
,'.1
A. DRAINAGE. All subdivisions shall have comprehensive
storm drainage facilities. The design data of the
drainage system shall be submitted along with the
construction plans in a report prepared by the
developer's engineer indicating the method of control of
storm water and groundwater, including the method .of
drainage, existing water elevations, recurring high water
elevations, proposed design water elevations, drainage
structures, can~ls, ditches and any other pertinent
information pertaining to the system. The drainage
system shall be designed using acceptable engineering
principles with consideration being given to the
protection of all future buildings from a one in one \
hundred '(lOa) year storm and must be acceptable to the
South Florida Water Management District. In addition,
the system shall provide for the necessary maintenance of
groundwater levels to prevent over drainage for the
intended land use. Storm sewers shall be designed for
rainstorms of maximum intensity predicted for the Palm
Beach County area at three-year intervals according to
current South Florida Water Management District charts
and data. The system shall provide for drainage of lots,
streets, roads and other public areas including surface
waters which drain into or through the property. The
design for drainage of the subdivision must be adequate
to provide for surface water drainage of naturally
occurring or existing adjacent contributory areas. Where
additional ditches and canals are required to accommodate
contributory surface waters, right-of-way shall be
provided for future needs; however, the developer may be
permitted to excavate or open sufficient capacity to
provide for existing drainage needs whenever the
developed or undeveloped status of adjacent areas so
warrants, as determined by the director of development.
The runoff coefficients used in the design of the
subdivision storm drainage system shall be those
applicable after complete development has occurred. The
drainage system shall be designed for long life, low
maintenance cost and ease of maintenance by normal
maintenance methods.
The minimum pipe used within a storm sewer system
shall be fifteen (15) inches in diameter. Distance
between terminating or intermediate structures shall not
exceed those required by state standards for the
construction of maintenance inlets or manholes. The
storm sewer systems shall be so designed that the
elevation of the hydraulic gradient shall not be higher
than the grate elevation of any inlet in the system for
that design storm. The pipe shall be sloped and
structures channeled to minimize sediment. The pipe used
in the system shall meet ASTM, AASHTO and current
Department of Transportation specifications. Concrete
pipe shall have gasket joints, meeting the requirements
of AASHTO. When metal pipe is used beneath the pavement
or parallel within the right-of-way, it shall be designed
to provide a joint-free installation or, where joint-free
installations are not feasible, shall be jointed with a
twelve-inch wide band having a mastic or neoprene gasket
providing a watertight joint. Other Jointing techniques
meeting or exceeding these requirements may be used upon
submittal to and approval by the director of development.
Drainage pipe shall be fitted with headwalls, endwalls,
inlets and other appropriate terminating and intermediate
'.
~ ...~....'!!
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..t:T"'1,,..,..,,.,..pc;
"'~.> :
01" ')
B. STORM vlATBR TREATMENT. Rainfall rluloff, surface waters
and groundwaters shall be managed in subdivisions to
minimize degradation of water quality, nutrients,
turbidity, debris and other harmful substances, and
maximize percolation and detention to promote the re-use
of this resource, all in a manner acceptable to the South
Florida Water Management District. S.torm water treatment
facilities shall be designed and sized to accommodate at
least a one hour three-year storm or to retain the first
inch of runoff, whichever is greater, and shall provide
detention for at least the first inch of rainfall in
swales, retention areas or other approved facilities.
Runoff from roads, parking lots, roofs and other
impervious surfaces shall be routed over areas where
percolation into the soil can be accomplished prior to
introduction into any storm sewer or other receiving
facility. Pervious areas shall be covered with
vegetation requiring periodic cutting and removal. The
maximum runoff flow distance over i~crvious surfaces
before being diverted to percolation areas is fifty (50)
feet excluding building roofs, sports fields, roadway
gutters and storm sewers.
Runoff which must be carried directly into the closed
storm sewer system without previously crossing
percolation .areas should be discharged to percolation
areas prior to conveyance to on-site bodies of water, or
off-site receiving waters.
Water.storage and detention shall be governed by the
discharge limitations of the requisite drainage district.
Temporary ponding shall not last more than eight (a)
hours.
Swales may be used in lieu of storm sewers to convey
and collect surface waters. Minimum swale grade shall be
three thousandths (.003) feet per foot and maximum swale
grade shall be limited to that grade which will produce
water velocities below the threshold of erosion. The side
slopes on swale sections shall not be steeper than four
to one (4:1).
All major treatment facilities such as swales, lakes,
canals, and other detention areas used for storm water
management prior to discharge from development shall be
placed in water management tracts shown on the plat and
dedicated to the entity responsible for their
maintenance. All water management tracts shall include
where necessary, a twenty-foot maintenance berm, with a
side slope not steeper than eight to one (8:1) to control
and four to one (4:1) two (2) feet below control.
Alternate treatment methods or facilities which in
the opinion of the director of development are equal or
superior to the above requirements may be approved.
Application for such approvals shall be accompanied by
written data, calculations and analyses which show, by
accepted engineering principles, that the alternate
treatment methods or facilities are equal or superior to
those specified.
. }..:,:j.:.J
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-~-~ -~---~-~--"----'"""
100 Bas~ Boyn~on B ac
P. O. Box 310
Boyn~on Beach,
26S96
ill
DEPAkfMENT OF DEVELOPMEN.&
EN D
I'4ING ANO
ZONING OEPT.
34.25-0310
February 26, 1996
011 -- It:
Lawson, Noble & Webb, Inc.
420 Columbia Drive
West Palm Beach, Florida 33409
Attention: Chuck Justice
Re: Nautica Sound PUD Plat 1 - 2nd Review
Dear Mr. Justice:
We have reviewed the documents you have submitted for final plat approval and, subject to
compliance with the following comments by Wednesday February 28, 1996, plan to place the final
plat on the City Commission agenda for March 5, 1996 (refer to our letter to you dated
December 18, 1995).
10. Provide two lifts of asphalt on all roads.
18. Establish deed restrictions providing for a property owners association to pay for
the operation of a street light system within the development. Chap.6, Art. III,
Sec.14, pg.6-4 and Chap.5, Art.V, Sec.2A4, pg.5-9.
19. Provide an acceptable street lighting plan for collector road connecting Meadows
Boulevard from Lawrence Road through to Meadows Boulevard. Chap.6, Art:III,
Sec. 14, pg.6-4.
25. County permits required for construction in right-of-way. Chap.6. Art.VII,
SecAB, pg.6-24.
Our Recreation and Parks Department has not received 0.6 acre it is entitled to, nor payment in
lieu thereof.
The following Departments & Divisions have signed oITto date:
Public Works - February 12
Recreation & Parks (except land) - February 14
Building - February 14
Fire - February 12
Planning & Zoning - February 16
Police - February 21
The following Departments & Divisions have not yet signed off. but most do so prior to
Commission consideration;
Utilities
Engineering (see comments in this letter)
Phone: (407) 375-6280
FAX: (407) 375-6357
Lawson, Noble & Webb, Inc.
Re: Nautica Sound PUD Plat I
February 26, 1996
Page #2
Please contact those Departments directly if you wish to expedite processing.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
$~aM~
William Hukill, P.E.
City Engineer
WVH/ck
xc: Carrie Parker, City Manager
Robert Eichorst, Public Works Director
John Wildner, Parks Superintendent
Al Newbold, Deputy Director of Development
Bill Cavanaugh, Fire Inspector
Tom Dettman, Police Chief
John Guidry, Director of Utilities
Tambri Heyden, Planning & Zoning Director
Ken Hall, Plan Check Inspectorffechnician
C:~AUTLTR
100 ~ 'lJoynton 'Beadi ~
P.O. ~310
'1Joyn.ton. '&iu:ft.. 71ori4a 33425-0310
PHONB: (407) 375-6281
FAX: (407) 375-6357
OFFICE OF THE CITY ENGINEER
November 16, 1995
G.L. Homes of Florida
1401 University Drive, Suite 200
Coral Springs, Florida 33071
Attention: Rick Elsner, P.E.
Re: Nautica Sound Soils Report
Dear Mr. Elsner:
Among the documents first forwarded to us this week for Nautica
Sound was a soils report. Section 7.0, page 5 of that report
contained the opinion of your consultant that soil in Test Pit #5
might be hazardous, and recommending specific additional tests.
Since you have had the report for nearly six months, we assume you
have obtained those test results by now. Please forward those
results, along with certification by the testing lab that either no
hazardous soil exists on the site, or that all soil on the site is
within acceptable limits of all applicable contamination standards.
Very truly yours,
/0d2;;;~;~~1
William Hukill, P.E.
City Engineer
WVH/ck
xc: Tambri Heyden, Planning & Zoning Director
C:NAUTISNO.RPT
.fitrrurila's (jauway to tlit (ju/fsmam
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PLANNING AND
ZONING DEPT.
~~
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FACS~LECOVERSBEET
RUDEN, McCLOSKY, SMITH, SCHUSTER 4& RUSSELL, P.A.
100 East BrQward Boulevant
Poat Offiee Box t 900
Fort La.derdale, Florida 33302
Fax No. (954) 764....996
Df\. TE:
February Z. 1996
FROM:
Ellen Sift
FILE NO.:
GL26799-2
DIRECT DIAL NO.:
761-2909
Number of Pages: Sevelll
((netudllll this Cover hat)
(
,
)
If there arti any problemt or co..plleatio.., pie... ntlfy u.lmatcdl.tel)' at (9504) 16.-<kS6()
TO:
Mike Haig. Planning Dept.
COMPA.NY:
City of Boynton Beacb
FAX NO.:
407-375-6090
COMMENTS: Attached for YOW' review, is the First Amendment tel the Declaration of Covenants,
Restrictions, and Easements for Nautica SOWld which I am forwarding to you per Gary Arkin's
instructions. Should you have any questions or concerns regarding this matter. please don't hesitate
to contact me,
TIf! INfORMATION CONTAINED 1!Ii THIS FACSIMILE MESSAGIIS ATIORNEl' fRIVILEC;m AND (':ONFlDJi:N'I'IAl,
INFOkMI\TION INir.JIIPED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMI-:l> ABOVE, It' THE READER Of' TillS
MESSAOIlIS NOT TIIJ,; .NTENDED lIlCIPIENT. YOtI AIm 'HEfUlDYNOTIFlED nL~T ANY DISSEMINATION, [)ISTRIBlmoN OR COPY
Of nns COMMUNlCA11CN IS STR.ICn.V PROHlSfrnD, IF YOU HAVB I\ECElVl:(1) TlU! COMMUNICATION IN ERROR. PLEASE
IMMEDIATf!LY NOTIFY US BV 'I1lLEPHONE (IF LONG otST~ PLBAIIl CALL COI,U':CT) ANI) IUlTU!\N nit~ OIUOrNAI.
MESSAGB TO US AT THE ABOVfi ADDRESS VIA THE U.S, POSTAL SERVICF!, niANK YmJ.
3~'O'd
0S9SvS~ 'OJ (l.d)l& 1a ^~SO'30W N3an~ 'WO~d E~'EI 96-~0-83d
;,,,,.
(j)~r) L
of 5,JrI',(I-
ReIIInI,,: (lIIIelewuJr4ddl"llMd '"-._ 1IIV&o1\l!)
Name:
Addr..:
This InstmmeDt Prep_red by:
Murk F. Grant, P.sq.
Ruden, McClosky. Smith
Schuster & Russell, P.A.
200 Eailt BrnWllrd Boul."ard
I'th Floor
Fort Lauderdalel Florida 33301
LINE JIC)tt nOCESSl ATIt.
FIRST AMENDMENT TO DE CLARA TION OF COVEN~~TSJ
RESTRICTIONS AND EASEMENTS FOR NAUTICA SOUND
This instrument ("Amendment") is made as of this 1st day of February, 1996 by
G. L. HOMES OF BOYNTON BEACH n CORPORA nON., a Florida corporation (tlDeclarant"),
whose principal office is locaUld at 1401 University Drive, Suite 200, ConU Springs, Florida 33071-
6039, and joined in by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not-for-profit ("Association"), whose principal office is located at 1401 University
Drlve~ Suite 200, Coral Springs, Florida 33071-6039.
WHEREAS. Declarant has executed and recorded in Official Rcwrds Book 8939, rage 1368
of the Public Records of Palm B~h County, Florida, a certain "Declaration of Covenants,
Restrictions and Easements for Nautica Sound," (hereinafter referred to as the I'Declaration"); and
WHEREAS, the Declaration provides in Section 8, Paragmph 1, that prior to the "Turnover
Date" ( as defined in the Articles of Incorporation of the Association), Declarant may amend the
Declaration without the requirement of the consent of the Association or the "Owners" (as del1ned
in the Declaration); and
WHEREAS, Section 8, Paragraph 1, also provides that the Association shall, upon the
request of the Declaront, join in any amendment and execute an instrument to evidence such joinder
and consent; and
WHEREAS. Declarant dellires to amend the Declarntion with ~gard to certain matters
contained in the Deolaration; and
FTL,123124;2
~ 3:J'lfd
088St>Sl. 'OJ
(Itd)I& ta ^~SO~OOH N30n~ 'WO~d v~,~t S6-~0-83d
WHEREAS, Declarant requests the joinder and consent of tho Association; and
WHEREAS. the Turnover Date has not occurred as of the date first above written; and
NOW THEREFORE. Declarant hereby declares that the Declaration is hereby amended as
follows:
1. Section 2, Articl~ 11 of the Declaration is hereby amended by adding thereto the
following l~uage aq P!\ragraph 2:
Nautica Sound shan he developed in conformanoe with the 14NAUTICA SOUND
FJeA. KnoUwaod Groves P.U.D. Rectified Master Plan" prepared by Kilday &
Associates (the "Master Plan"), the Plat and Additional Plut, ifany, and any site plan
approved by the City of Boynton Beach (collectively. the 4'Record Approvals"), each
as may be amended from time to time.
2. The Ja:!It para-graph in Section 2, Anicle II of the Declaration is hereby amended by
adding thereto the following language as the last sentence:
Modifications to the Record Approvals, or My of them, shall be processed in
accordance with the Boynton Beach Code of Ordinances. Where applicable. City
of Boynton Beach permits shall be obtained to constJUct improvements.
3. The flISt sentence in Section 3(A), Article II of the DeciMation is hereby amended
as follows:
"Nautica Sound will include a recreation area ("Recreation Tract") designated on
the Plat as Tract C:'
4. The first sentence in Section 3(8). Anicle II of the Declaration is hereby amended
as follows:
UThe uLakes" are those portions of the Property designated as Tracts "Ll I', "LZ,\
"t3". and "L4" on the Pllilt and shllll always be kept and maintained as lakes for water
retention, drainage:, irrigation and water management purposes in compliance with
all applicable governmental and water management district requirements."
S. The first sentence in Section 3(C) of Article n of the Declaration is hereby amended
as follows:
"The "Streets," "Drives," "Roads" and/or 4"Roadways" are those portions of the
Property desianated on the Plat as Tract" A" and which are reserved for or dedicaled
FT.L, 123124,2
2
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089Sf78L 'OJ
(l~d)le ,a ^~SO,~OW NaOn~ 'WO~d f7~'e:t SS-~0-a3d
to the Association but specifically excludina any street or roadway dedicated to the
public on the Plat or the Additional Plat.
6. The fim sentence in Section 3(D), Article II of the Declaration is herehy amended
as follows:
UThe uLandscaped Area!>" and "GrasNd Areas" are those portions of the Property
designated on the Plat 8.! Trtlcts "0", "E"'. "F", "0", and "H'" and are to be used, kept
and maintained as such by Declarant, the Association and the Owners, their family
members, guests. lessees and invitees in accordance with the provisions of thi~
Declaration. "
7. The first sentcnf,;!; in Section 16, Anicle X of the Declaration is hereby amended
as follows:
"An}' fence placed upon any Lot must be approved by the Committee. as provided
in Article VII[ hereof, prior to installation, and shall be installed in compliance with
1he Master Plan (as herein defined)."
8. The following paragraph shall be added to Article XIII, Section 8 of the Declaration
as Parasraph Nwnber 7;
"Any proposed amendment to the Declaration which would affect the surface water
management system (includina environmental conservation areas and the water
management portions of the Association Property) shall be submitted to the South
Florida Water Management District for a detennination of whether the proposed
amendment necessitates a modification of the surface water management permit. H
9.
follows:
Exhibit "An the Declaration, is amended to reflect the recordation of the Plat as
"AU of the Plat ofNautica Sound P.U.D...Plat One, according to the Plat thereof. as
recorded in Plat Book _' Page _' of the Public Records of Palm Beach
County, Florida.
10. Exhibit "B" of the Declaration is amended to reflect the recordation of the Additional
Plat as follows:
"AU of the Plat ofNautic. SOWld P.U.D.~Plat Two, according 10 the Plallhereof, as
rt:corded in Plat Book ~I Page ---' of the Public Records of Palm Beach
County. Florida."
FTL: 1;3) 1:1413
3
f7 3~'o'd
0SSSf7S~ '01 CI.dlle ~a ^~SO!~oH N3an~ 'WO~d 9~'EI S6-~0-83d
11. Unless otherwise defined herein. each term defined in the Declaration and used herein
shall have its meaning as defined in the Deolaration.
12. This Amendment shan become effective upon recording amongst the Public Records
of Palm Beach County, Florida.
13. As modified herebYt the Deoiarmon shall remain in full force and effect in
accordance wi th the terms thereof.
IN WITNESS WHEREOF, this Amendment has been signed by DeQlarant and joined in by
the Association on the respective dates set forth below.
By: G. L. HOMES OF BOYNTON BEACH 11
CORPORATION, a Florida corporation,
Printed Name:
By:
Alan Fant, Vice President
Attest:
Printed Name:
. Secretary
(SEAL )
WITNESSES:
ASSOCIA nON:
NAUTICA SOUND HOMEOWNERS
ASSOCJA TION, me., a Florida corporation not for
profit
By:
Alan J. Fam, Vice President
Printed Name:
Printed Name:
Attest:
Lawrence Portnoy, Se<:retary
(SEAL)
P1'l.: 123121':1
4
5 3:J'o'd
0888f781. '01
(11dlle 1a h~SOl~OH N30n~ 'Ha~d 5~'~t S6-~0-83d
81 A TE OF FLORIDA )
)88.
COUNTY OF BROW ARD )
I HEREBY CERTIFY that on thi~ ciR}', Mfnl"fO m~, RIl 9ffii'ft' dul). Q\.llhoriz:;~d i.n 111~ 3hue
afm'f':QAj,i find in the Count), QfotQ:Jaid to take $.:l\.uuwlwgmenu, the foregoIng instrument was
acknowledged before me by ALAN J. PANT and t the Vice President and Secretary.
respectively, of O. L. HOMES OF BOYNTON BEACH n CORPORATION. INC., a Florida
corporation, freely and voluntarily under authority duly vested in them by said corporation, and that
the seal affixed thereto is the true corporate! seal of said corporation. ALAN J, F ANT is personally
known to me or has produced as idenrltication. is
pefsonDlly known to me:: or has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
February, 1996.
Notary Public, State of Florida at Large
Typed, Printed or Stamped Name of Notary Public
My Commission Expires:
f'TL,llIJ124,)
5
S 3:J'dd
0SS8f7Sl. 'OJ
(I.d){e .S A~SOl~OW N3an~ 'WO~d 8e'~t 8s-e0-83d
STATE OF FLORIDA )
)85:
COUNTYOFBROWARD )
I HEREBY CERTIFY that on this day, before me, an ofticer duly authorized in the State
aforesaid and in the County a.foresaid to take acknowledgments, the foregoing instrument was
acknowledged before mo by ALAN J. F ANT and LAWRENCE PORTNOY, the Vice-President and
Secretary, ~spcctiYc:ly, ofNAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida
cOIpOratlOD not for profit, freely and volWltarily under authority duly vested in them by said
corporation, and that the seal affixed thereto is the true corporllte xal of said corporation. ALAN
J. F ANT is personally known to me or has produced as identification.
LAWRENCE PORTNOY is personally knOml to me or has produced as
identification.
WITNESS my hand and offioial !'leal in the COWlty and State last aforesaid this _ day of
February, 1996.
Notary Public, State of Florida at Large
Typed, Printed or Stamped Name of Notary Public
My Commission Expire$.:
P1'I.. 12UZ4 ,2
6
l.. 3~'Vd
0989179"" '01
(11d)le 1a h~SOA~OW N30n~ 'WO~d 8~'8t 96-~0-e3d
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LAWSON, NOBLE & \VfiliB, INC.
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FAX COVER SHLJ:;l'
HIGELIGillS 0= 5ERV1CES
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Residential and Commercial Site Development
MunicipaIlPubHc Works Engineering
ConS+Juction Engineering Inspection
Public and Private Highway Design
Stormwater Management Systems
Services District Engineers
Water Distribution Systems
Sanitary Sewer Systems
TOTAL NUMBER OF PAGES INCLUDING TH!S COVER PAGE:
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COpy TO FOLLOW IN MAIL C YES~' ~O
~/(..l/~Y /,HS~c.'__ ATTN.:
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ENGINEERING:
DATE:
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TO:
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::;ight-of-\,vay Research/Map Preparation .
Homeowners/Condominium Doc~mej,:s
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Boundary and Topog:-apn:: S'...::\..e'~'s :r:
Build:ng COilS:;~C::c:-, S~~. e..s ~
Ex~e;-: \\';::iess -:-- es: .:-:-:C -\ ~
SCRVEYlNG:
COilS::-:';C::8~ Lev: '_.: :::
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$~1:.,.6~65;, 68 s. f.
,tot'.2 - 5742.78 s.f.
.COis :':5567.58 s.t.
Lot 4 - 5549.47 s.f.
"'
~ot 5 - 5499.67 s.f.
LOt 6 - 5065.11 s~f.
L.o:t.7 - 5065.11 s.f.
~t 8 ~ 5065.11 s.f.
lot 9 - 5065.11. s.t.
. 'to'
lot:10 - .5065.11 s. f.
lot 11 :. 5065.11 s. t.
~t 12 - 5775.19 s.t.
Lot 13 - 5065.8.2 s.t.
Lot 14 - 5065.11 s.t.
lot 15 - 5065.11 s.t.
L.ot 16 - 5065.11 s.t.
Loi17~- 5065.11 s.f.
fl' .. '.. .
'Lot' 18 -=_.5065.33 s.t.
Lot 19 . 6838.54 s. f.
Lot 20 - 7047.47 s.f.
lot 21 . 7029.04 s.f.
lot 22 - 5511.00 S.T.
Lot 23 . 5511.00 s.t.
Lot 24 - 7315.00 s.f.
lot 25 - 5614.75 s.f.
Lot 26 - 7539.36 s.f.
Lot 27 - 5912.55 s.t.
Lot 28 -7411.29 s.f.
Lot 29 . , 2633.00 s.f.
Lot 30 . 9327.42 s.f.
Lot 31 - 11446.30 s.f.
Lot 32 . 9743.10 s.f.
lo~ 33 - 5504.40 .s. f .~,
Lot 34 - 6663.05 s. f.
lot 35 - 8435.99 s.f.
Lot 36 - 9039.05 s. t.
Lot 37 - 6833.26 s.f.
Lot 38 - 7175.15 s.f.
Lot 39 - 12116.82 s.t.
Lot 40 - 10685.16 s.t.
Lot 41 . 12762.84 s. f.
Lot 42. 12375.66 S.T.
Lot 43 - 7048.96 s.f.
.~-
4l8?-~~P
Nautica Sound WI~L\L
-
b~I4-~)
ZERO LOTS (50' units)
..~ -&"OOl:>
~~\;oo'V
(p ceo - J (Dt>
Average lot area: 6,710.63 s.f. rVl-:S ')
Total lot area: 1,791,739.16 s.7'. 70cO +
Total lots: 267 W-'1~'
Lot 44 - 7818.58 s.f.
Lot 45 - 7527.81 s.t.
Lot 46 - 7214.56 s.f.
Lot 47 - 6901.31 s.t.
Lot 48 - 6588.11 s.f.
Lot 49 - 6329.36 s.t.
Lot 50 - 6262.75 s.f.
Lot 51 - 6262.50 s.f.
Lot 52 - 6262.50 s.f.
Lot 53 - 6262.50 s. f.
Lot 54 - 6262.50 s.t.
Lot 55 - 7637.50 s. f.
Lot 56 - 6262.50 s.f.
Lot 57 - 6262.50 s.f.
Lot 58 - 6262.50 s.f.
Lot 59 - 6262.50 s. f.
Lot 60 - 6262.50 s.f.
Lot 61 - 6262.50 s.f.
Lot 62 - 6262.50 s.f.
Lot 63 - 6262.50 s.f.
Lot 64 - 6262.50 s.t.
Lot 65 - 6262.50 s.f.
Lot 66 - 6262.50 S.t.
Lot 67 - 6668.46 s. f.
Lot 68 - 7359.12 s.f.
Lot 69 - 9266.35 s. f.
Lot 70 - 7747.51 s.f.
lot 71 . 6264.01 s. f.
Lot 72 - 6262.50 s.f.
Lot 73 - 6289.83 s.f.
Lot 74 - 6795.08 s.f.
Lot 75 - 7591.38 s.f.
Lot 76 - 8388.98 s.f.
Lot 77 - 8950.84 s.f.
Lot 78 - 7772.20 s.f.
Lot 79 - 8304.01 s.f.
Lot 80 - 9020.62 s.t.
Lot 81 - 7945.16 s.t.
Lot 82 - 7105.74 s.t.
Lot 83 - 6542.70 s.f.
Lot 84 - 8625.30 s.f.
Lot 85 - 1 31 00.86 s. f-
Lot 86 - 14691.72 s.f.
Lot 87 - 9602.51 s.f.
Lot 88 - 6269.20 s.f.
Lot 89 - 6267.51 S.7.
Lot 90 - 6267.51 5.7.
Lot 91 - 6267.51 s..,
Lot 92 - 6267.51 5.7.
Lot 93.6267.51 S.:.
Lot 94.6267.51 5.7
Lot 95 . 6267.51 s.~.
Lot 96 - 6267.51 s.L
Lot 97.6267.51 S.7.
Lot 98 - 6267.51 5.7.
Lot 99 - 6267.51 5.7.
Lot 100 - 6267.51 5.7.
Lot 101 - 6267.51 s.~.
Lot 102 - 6267.51 s.f.
Lot 103 - 6267.51 s.L
Lot 104 - 6267.51 s.f.
Lot 105 - 8430.77 s.f.
Lot 106 - 5782.50 s.~.
Lot 107 - 5782.50 s. f.
Lot 108 - 5782.50 s. f.
Lot 109 - 5782.50 s. f.
Lot 110 - 5782.50 s. f.
Lot 111 . 5782.50 s.f.
Lot 112 . 5782.50 s. f.
Lot 113 - 5782.50 s. f.
Lot 114. 5782.50 s.f.
Lot 115 . 5782.50 s.~.
Lot 116 - 5782.50 s.f.
Lot 117 - 5782.50 s.f.
Lot 118 - 5782.50 s.f.
Lot 119 - 5782.50 s.f.
Lot 120 - 5782.50 s.~.
Lot 121 . 7395.52 s.~.
Lot 122 - 8007.54 5.7.
Lot 123 - 5511.00 s.L
Lot 1 24 - 5511.00 s. f.
Lot 125 - 5511.00 s.f.
Lot 1 26 - 55 1 , .00 s, f .
Lot 127 - 551 LOa s.~.
Lot 128 - 5511.00 s.L
Lot 1 29 - 55 1 1.00 s. f .
--
-'
Preliminary zero Jot areas - 8/28/95
Lot 130 .., 7865.00 s. f.
.Lot 131 .., 5511.00 s.t.
Lot 132 - 5511.00 s.t.
Lot 133 - 5511.00 s.t.
lot 134 - 5511.00 s.t.
Lot 135 - 5511.00 s.f.
Lot 136 - 5730.58 s.f.
Lot 137 - 5517.18 s.t.
Lot 138 - 7239.17 s.f.
Lot 139 - 5943.09 s.t.
Lot 140 - 5511.37 s.t.
Lot 141 - 551'.00 s.f.
Lot 142 - 5511.00 s.t.
Lot 143 - 5511.00 s.f.
Lot 144 - 5511.00 s.t.
Lot 145 - 5511.00 s.t.
Lot 146 - 5511.00 s.t.
Lot '47 .., 5511.00 s.t.
lot 148 - 6765.00 s. t.
Lot 149 - 5511.00 s.f.
Lot 150 - 8505.70 s.f.
Lot 151 - 5941.96 s.f. ,
Lot 152 .., 5931.22 s.f.
Lot 153 - 5786.95 s.t.
Lot 154 - 5575.67 s.f.
Lot 155 - 5548.72 S.T.
Lot 156 - 6771.09 s.f.
Lot 157 - 7951.22 s.f.
Lot 158 - 7315.00 s.f.
Lot 1 59 - 5511.00 s. f .
Lot 160 - 5511.00 s.t.
Lot 1 61 - 551 1 .00 s. f.
Lot 162 - 5511.00 s.f.
Lot 163 - 5625.37 s.f.
Lot 164 - 8173.71 s.f.
Lot 165 - 8221.66 s.t.
Lot 166 - 6565.79 s.f.
Lot 167 - 10248.70 s.f.
lot 168 - 10953.50 s.f.
Lot 169 .., 7517.38 s.f.
Lot 170 - 5971.05 $'.f.
Lot 171 - 8001.71 s.f.
Lot 172~.5508.76 s.f.
. .
Lot 173 .., 6700.5.8 s.f.
Lot 174 - 5890.88 s.t.
Lot 175 - 5260.50 s.f.
lot 176 - 6081.92 s.t..
Lot 177 - 5955.83 s.f.
Lot 178 - 5382.75 s.f.
Lot 179 - 7106.88 s.f.
Lot 180 .8059.89 s.f.
Lot 1-81 - 6328.29'5-:f. .
. Lot 182 - 8075.24 s. f.
Lot 183 - 5513.82 s.f.
Lot 184 - 7383.09 s.f.
Lot 185 . 9072.92 s. f.
lot 186 - 6349.73 s.f.
Lo t 1 87 - 925 7. 50s. f .
Lot 188 - 7423.53 s.t.
Lot 189 - 8507.66 s.f.
Lot 190 - 14360.55 S.T.
Lot 1 $1 - 8678. 50 s. f .
Lot 192 - 5844.42 s.f.
Lot 193 - 6168.2U s.f.
Lot 194 - 5791.50 s.f.
Lot 195 - 5886.15 s.f.
Lot 196 - 5886.16 s.t.
Lot 197 - 5620.45 s.t.
Lot 198 - 5638.45 s.t.
Lot 199 - 6931.06 S.T.
Lot 200 - 7886.74. s. f.
Lot 201 - 5576.10 s.f.
Lot 202 - 6010.90 s.t.
Lot 203 - 6190.65 s.f.
Lot 204 - 6262.94 s.t.
Lot 205 - 5720.00 s. f.
Lot 206 - 7315.00 s.f.
Lo! 207 . 5881.33 s. f.
Lot 208 - 6062.30 s.f.
Lot 209 - 6062.30 s.f.
Lot 210 - 6062.30 s.t.
Lot 211 - 5964.39 s. f,
Lot 21 2 - 55 1 1 . 00 s. f .
Lot 213 . 6959.95 s.f,
Lot 214 - 5813.89 s.f.
Lot 21 5 - 5797. 11 s. f.
Lot 216 - 5780.95 s.t.
Lot 217 - 7920.61 s. f.
Lot 218 - 6249.97 s.f.
Lot 219 - 7342.04 s. f.
Lot 220 - 7867,47 s. f.
Lot 221 - , 0187.43 s.t.
Lot 222 - 7867.47 s.t.
Lot 223 - 7323.92 s.f.
Lot 224 - 5945.5$ s.f.
Lot 225 - 7003.85 s.f.
Lot 226 - 7401.50 s.f.
Lot 227 - 5351.34 s.f.
Lot 228 - 6790.02 s.t.
Lot 229 - 5685.19 s.f.
lot 230 - 5794.85 s.t.
Lot 231 - 6860.87 s.f.
D,",~nmin;Jrv 7P,"() lot areas - 8/28/95
Lot 232 - 5614.62 s.f.
lot 233 - 55".00 s.f.
Lot 234. 5511.00 s.f.
Lot 235 - 5511.00 s. f.
lot 236 - 5511.00 s.1.
lot 237 - 5511.00 s. f.
Lot 238 - 5511.00 s. f.
lot 239 - 7315.00 s ~.
Lot 240 - 5511.00 s. f.
Lot 241 - 7987.65 5.7.
Lot 242 . 8621.88 s.~.
Lot 243 . 5856.84 s. f.
lot 244 - 5830.00 s. f.
Lot 245 - 6557.97 S.T.
Lot 246 - 5887.80 s.f.
Lot 247 - 8755.39 s..:.
Lot 248 - 6936.42 s. 7.
Lot 249 - 7355.14 5.7.
Lot 250 - 7867.47 5.7.
Lot 251 - 10163.98 s.f.
lot 252 . 7867.47 s. f
Lot 253 . 7310.46 S.7.
Lot 254 - 5942.84 5.7.
Lot 255 - 7003.58 $.7.
Lot 256 - 7401.50 5.f.
Lot 257 - 6120.48 S.7.
Lot 258 - 5511.00 s.t.
lot 259 - 5511.00 s.L
Lot 260 - 5628.32 s.f.
Lot 261 - 6267.51 S.".
lot 262 - 6267.51 s.~.
Lot 263 . 6267.51 s.f.
Lot264-6267.51 s.~
Lot 265 .6267.51 s.f.
Lot 266 - 6267.51 5.f.
Lot 267 - 6267.51 s.f.
~ 000
~(j00
I 0 00 l'
Cf^ C, 5
11....0 7~
~\/~r-u'
Lot 268 - 5491.21 s.f.
Lot 269 - 6647.31 s.f.
Lot 270 - 6108.54 s. f.
"Lot 271 - .5428.28 s. f.
Lot 272 - 5541.95-5.1.
Lot 273 - 7096.51 S.T.
Lot 274 - 6195.30 s. f.
Lot 275 - 5604.00 s. f.
Lot 276 - 5604.00 s. f.
Lot 277 - 5604.00 s. f.
Lot 278 - 5604.00 s. f.
Lot 279 - 5604.00 s.f.
lot 280 - 5604.00 s.f.
lo! 281 - 5604.00 s.t.
Lot 282 - 5604.00 s.t.
Lot 283 - 5604.00 s.f.
lot 284 - 5604.00 s.f.
Lot 285 - 5604.02 s.f.
Lot 286 - 5740.24 s.f.
Lot 287 - 7748.30 s.f.
Lot 288 - 6902.92 s. f.
Lot 289 - 5483.89 s. f.
Lot 290 . 5250.00 s. f.
Lot 291 - 5250.00 s.f.
Lot 292 - 5250.00 s. f.
Lot 293 - 5250.00 s.f.
Lot 294 - 5250.00 s.f.
Lot 295 - 5250.00 s.f.
Lot 296 - 5250.00 s.t.
Lot 297 - 5250.00 s.f.
lot 298 - 5250.00 s.f.
Lo! 299 - 5250.00 s. t.
lot 300 - 5250.00 s.f.
Lot 301 . 5263.34 s. f.
Lot 302 - 8003.36 s. f.
Lot 303 - 6516.53 $. f.
Lot 304 ..5000.00 s.f.',
Lot 305 ..5000.00 s.f. -
lot 306..5000.00 s.f.,
Lot 307 --5000.00 s.f. ,
Lot 308 .'5000.00 s.f..
Lot 309 - 5000.00 s.f.
Lot 310 - 5000.00 s.f..
--
Nautica Sound
"Z" LOTS {40' units)
Average lot area: 5,408.15 s.f.
Total lot area: 849,079.79 s.f.
Total lots: 157
Lot 311 . '5000.00 s.t.'
Lot 312 -.5000.00 s.f. i
Lot 313 --5000.00 s.f.,'"
Lot 314 . '5000.00 s.f."
Lot 315 -/5000.00 S.T.,~
Lot 316 -'5000.00 s.f. /
Lot 317 --5000.00 s.f. "
Lot 318 - 7327.86 s. f.
Lot 319 - 5214.49 S.T.
Lot 320 - 4893.75 s. f.,'
Lot 321 - 4893.75 s. f..~.
lot 322 - 4893.75 s. f.,;
Lot 323 - 4893.75 s.f. "
Lot 324 w 4393.75 s. f. .'1
Lot 325 - 4893.75 s.f. .~
lot 326 . 4893.75 s.f. .'
Lot 327 - 5866.48 s.f.
Lot 328 - 5559.74 S.T.
Lot 329 - 6195.37 s.L
Lot 330 - 4500.00 s. f..>
Lot 331 - 4500.00 s.f,,)
Lot 332 - 4500.00 s. f'_i
Lot 333 - 4500.00 s.L ".
Lot 334 - 4500.00 s.f.._
Lot 335 - 5372.11 s.t.
Lot 336 .5090.40 s.f.
tot 337 - 4500.00 s.f.- i
L'Ot 338 . 4500.00 s.t..'
lA>t 339 - 4500.00 s.t'_l
~-ot 340 - 4500.00 S.T. / ~
40t 341 - 4500.00 s.f.;!
Lot 342 - 6795.54 S.T.
Lot 343 - 5982.54 s.f.
Lot 344 . 6672.87 s.f.
Lot 345 - 6255.19 s.t.
Lot 346 - 5549.51 s. f.
Lot 347 - 6724.37 s.f.
Lot 348 - 4500.00 s.f. .-
~ot 349 - 4500.00 s.f. Y.
Lot 350 - 5372.11 s.f.
lot 351 . 5090.40 s. f.
Lot 352 - 5563.93 s.f.
Lot 353 - 5132.10 S.T.
Preliminary "2- lot areas - 8/28/95
Lot 354 - 641 8.76 s. f.
La: 355 - 10053.96 S.7.
Lo~ 356 . 6909.27 s~.
Lot 357 - 7742.61 S..;:.
Lot 358 - 11060.27 s.f.
;..ot 359 . 4783.85 s.f. .
tot 360 - 4592.39 s.f.
1.0t 361 - 461 3 . 52 s. f. .
lot 362 - 4634.75 s.f.,
~ot 363 - 4655.99 s.f.
kot 364 . 4677.23 S.7..
Lot 365 - 4698.46 s.f. .
lot 366 - 4719.70 s.f. .
Lot 367 - 71 1 6. 58 s. f.
Lot 368 - 6660.64 s. f.
lot 369 - 4943.30 s.f. .-
L..ot 370 - 4640.13 s.f.
tot 371 - 4603.69 s.f.
bot 372 - 4572.73 s. ~ .
bot 373 - 4547.26 s.f.
I:ot 374 . 4527.28 s.+.
Lot 375 - 45 1 2. 78 s. f. .
~ot 376 - 4503.77 $. f.
I;.ot 377 - 4500.24 $.7.
l:ot 378 - 4502.20 S.7.
L.'Ot 379 - 4509.36 $.f.
Itot 380 - 451 3'. 1 3 s. f.
Lot 381 - 6946.81 s.L
Lot 382 - 11000.10 s. f.
Lot 383 - 5945.73 s.f.
lot 384 . 5744.33 s.L
Lot 385 - 5744.10 s.f.
lot 386 - 5744.10 s.f.
Lot 387 - 5744.10 s.f.
Lot 388 - 5744.10 s. f.
Lot 389 . 5744.10 S.7.
Lot 390 - 5744.10 s.t.
Lot 391 - 5744.10 s.t.
Lot 392 - 7353.75 s.f.
Lot 393 - 7650.65 $.f.
L01394 - 6194.26 s.f.
lot 395 - 5548.40 5.f.
Lot 396 - 5445.11 s.f.
. ;t9t397,.. 5340.34 $.f. "
Lot 398 - 5235.56 s.f.
.. lot 399 - 5130.79 s.t.
Lot 400 - 5034.34 s. f.
';'P'Lot .4Ol,.;-',5oo3.96 s.f.
;"(of402-: 5004.00 s.1.
"!f",~-"'!':.. ~.."..:i,i' .
"Lol403 - 5671.42 s.t.
lot 404 - 4500.00 s.f..:.-'
Lot 405 - 4500.00 S.t. .1-
lot 406 - 4500.00 s.t.;;.
lot 407 - 4500.00 s.t.:1
lot 408 - 4500.00 s. t. .,
lot 409 - 4500.00 s.f.~ 1
lot 410 - 4500.00 s.t. j4
Lot 411 - 4-500.00 s.t. Ii I
Lot 412 - 4..500.00 S.t.i>L-
lot 413 - 4500.00 s.t....;
Lot 414 - 4500.00 s.f.~.~
Lot 415 - 4JSOO.OG $.t..,;,-
Lot 416 - 4500.00 s.f",,~
Lot 417 - 4500.00 S.1.",1
Lot 418 - 4500.00 S.t.,..3
Lot 419'- 4500.00 s.f..i
LOt 420 - 4.500.00 s.f.;a
Lot 421 - 4.500.00 S.t.ll
Lot 422 - 4500.00 s.f. It.
Lot 423 - 4500.00 s.f./;
Lot 424 - 6824.75 s.t.
-
I
Pr~diminarv .Z" lot areas - 8/28/95
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Lawson, Noble & Webb, Inc.
ENGINEERS · PLANNERS · SURVEYORS
NAUTICA SOUND - PLAT ONE
[0) ~ @ U \VI ~ f'
lJil j1: I 8 1996 U1
ENGINEERING I
PLANNING & ZONING DEPARTMENT COMMENTS (PLAT 95-008)
NO.5
THE IRREGULAR SHAPED LOTS 29, 30, 31, 32, 39, 40, 41, 42, 86, 87, 8~, 89,
109, 110, 111, 141, 143, 171 AND 173 HAVE BEEN CHECKED AS REQUESTED
FOR MINIMUM LOT FRONTAGE (37.5') AT THE 15-FOOT SETBACK LINE. WE
HEREBY CERTIFY THAT THE ABOVE LISTED LOTS MEET THE MINIMUM REQUIRED
LOT FRONTAGE.
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FLORIDA REG. NO. 38707
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JHJ\lAND\95-181\COMMENT.118
LAWSON, NOBLE" WEBB, INC. 420 Columbia Drive. West Palm Beach, FL 33409. (407) 684-6686. Fax (407) 684-1812
LAWSON, NOBLE" ASSOCIATES 590 NW Peacock Boulevard, Suite 9. Port St. Lucie, FL 34986. (407) 878-1700. Fax (407) 878-1802
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Lawson, Noble & Webb, Inc.
ENGINEERS · PLANNERS · SURVEYORS
NAUTICA SOUND - PLAT ONE
PLANNING & ZONING DEPARTMENT COMMENTS (PLAT 95-008)
lil~@~nw~f'
lJ1) je; I 8 1996 II.J
ENGINEERING I
NO.5
THE IRREGULAR SHAPED LOTS 29, 30, 31, 32, 39, 40, 41, 42, 86, 87, 8~, 89,
109, 110, 111, 141, 143, 171 AND 173 HAVE BEEN CHECKED AS REQUESTED
FOR MINIMUM LOT FRONTAGE (37.5') AT THE 15-FOOT SETBACK LINE. WE
HEREBY CERTIFY THAT THE ABOVE LISTED LOTS MEET THE MINIMUM REQUIRED
LOT FRONTAGE.
1\
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~~~~.
FLORIDA REG. NO. 38707
JHJ\LAND\95-181\COMMENT.118
LAWSON. NOBLE & WEBB. INC. 420 Columbia DriVB. West Palm Beach. Fl33409. (407) 684-6686. Fax (407) 684-1812
LAWSON, NOBLE & AssocIATES 590 NW Peacock Boulevard. Suite 9. Port St. Lucie. Fl34986. (407) 878-1700. Fax (407) 878-1802
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Lawson, Noble & Webb, Inc.
ENGINEERS. PLANNERS · SURVEYORS
January 11, 1996
lDJ ~ @ ~ n w ~m.:ll
lJl) ~.. I 8 1996 J
ENGINEERING
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Attn: Mr. Bill Hukill, P.E.
Re: NAUTICA SOUND - PRELIMINARY PLAT/CONSTRUCTION
PLAN COMMENTS
L.N. & W. Project No. 95-181
Dear Mr. Hukill:
In reference to your comments letter dated December 18, 1995, our office offers the
following responses in the same sequential order:
POLICE DEPARTMENT
1 . As previously agreed with the master plan approval, the developer will install
the system which can be activated by the dispatcher through the phone
system.
2. The traffic report, prepared by Walter H. Keller, Inc., does not warrant
deceleration lanes at Lawrence Road and Meadows Boulevard (a.k.a. Springfield
Boulevard). Please contact me if your office needs an additional copy.
PLANNING & ZONING DEPARTMENT
Plat One - Drawings (Plat 95-008)
1 . The master plan received unconditional signoffs by all staff members December
15, 1995.
2. Sheet No. 2 of 7 includes a 5-foot wide limited access easement at the
requested location.
3. The lake maintenance easement adjacent to Tract "A" allows for access to
Tract "L".
JHJ\LAND\95-181 \HUKILL.1 09
LAWSON, NOBLE & WEBB, INC. 420 Columbia Drive. West Palm Beach. FL 33409. (407) 684-6686. Fax (407) 684-1812
LAWSON, NOBLE & ASSOCIATES 590 NW Peacock Boulevard, Suite 9. Port SI. Lucie. FL 34986. (407) 878-1700. Fax (407) 878-1802
Mr.. Bill Hukill, P .E.
January 11, 1996
Page 2
4. See revised Sheet No.3 of the plat reflecting Lot No. 181 modification to meet
the minimum 50' frontage.
5. Please see attached letter by the Engineer of Record and a copy of the lot
square footages for the requested lots.
6. The developer has exceeded the minimum recreational requirements and
therefore, no cash in lieu of recreation amenities is required. This was
confirmed by Rick Elsner of G.L. Homes with Mr. John Wildner, City Parks
Director.
7. See Bus Stop Parking Lot Detail on Sheet 13 reflecting requested modifications
and compliance with the code.
8. Our office has verified the right-of-way of Lawrence Road. See revised plans
with correction location.
Plat One - H.O.A. Documents (Plat 95-008)
9. The description will be the plat book and page numbers assigned by Palm
Beach County.
10. Karyn Janssen with Kilday & Associates has confirmed with Mr. Kevin Hallihan,
City Forester, that the City will not require the "General Maintenance
Guidelines" nor the "Lake Area Management Plan" for this project. All
references have been removed from the plat.
11. If Plat Two is recorded prior to the H.O.A. documents being recorded, the plat
book and page will be provided.
12. Language is being added.
13. See Response No.1 O.
14. Tract designations are being added.
JHJ\LAND\95-181\HUKILl.109
Mr,. Bill Hukill, P.E.
January 11, 1996
Page 3
15. See Response No. 10.
16. See Response No.1 O.
17. See Response No.1 O.
18. See Response No. 10.
19. Language is being added.
20. Noted.
21. The developer will coordinate with the Engineering Department on procedures
of recordation and will provide recorded documents as necessary to the
Planning and Zoning Department.
Plat Two - Drawings (Plat 95-009)
22. See attached letter by the Engineer of Record. Also, see attached lot square
footages.
23. N/A. See Response No.6.
Plat Two - H.O.A. Documents (Plat 95-009)
24. H.D.A. documents will be submitted upon receipt from the developer.
CITY ATTORNEY
1. No. response.
RECREATION & PARKS DEPARTMENT
1. No response.
JHJ\lAND\95-181\HUKIL1.109
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Lawson, Noble & Webb, Inc.
ENGINEERS · PLANNERS. SURVEYORS
NAUTICA SOUND - PLAT ONE
PLANNING & ZONING DEPARTMENT COMMENTS (PLAT 95-008)
NO.5
THE IRREGULAR SHAPED LOTS 29, 30, 31, 32, 39, 40, 41, 42, 86, 87, 88, 89,
109, 110, 111, 141, 143, 171 AND 173 HAVE BEEN CHECKED AS REQUESTED
FOR MINIMUM LOT FRONTAGE (37.5') AT THE 15-FOOT SETBACK LINE. WE
HEREBY CERTIFY THAT THE ABOVE LISTED LOTS MEET THE MINIMUM REQUIRED
LOT FRONTAGE.
~7i'!~
VJ. '2 ./ C;> . ') 6
R NALD W. ST; P.E.
FLORIDA REG. NO. 38707
JHJ\LAN 0\96-181 \COMMENT. 118
LAWSON, NOBLE & WEBB, INC. 420 Columbia Drive. West Palm Beach, FL 33409. (407) 684-6686. Fax (407) 684-1812
LAWSON. NOBLE & ASSOCIATES 590 NW Peacock Boulevard, Suite 9. Port SI. Lucie, FL 34986. (407) 878-1700. Fax (407) 878-1802
J,'z. ,- h .5'rA.kj(:Z-C-f.J
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RESOLUTION NO. R96-/9
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A SUBORDINATION OF ENCUMBRANCE TO
PROPERTY RIGHTS BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY;
PROVIDING THAT THE COST OF RELOCATION OR
REMOVAL OF ANY FACILITIES OWNED BY THE CITY
UNDER EASEMENT RECORDED IN ORB 3659, AT PAGE
936 (LAWRENCE ROAD - NAUTICA SOUND P.U.D.)
SHALL BE BORNE BY THE COUNTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach currently has easement rights adjacent
to the Lawrence Road right of way bordering the proposed Nautica Sound property;
and
WHEREAS, the City currently has a sewage force main and/or a potable water
main within the easement; and
WHEREAS, Palm Beach County is requiring the developer of Nautica Sound
P.U.D. to construct roadway improvements over the existing easement, necessitating
a subordination of the City's easement; and
WHEREAS, the subordination agreement will not impede the City from
, maintaining the existing gravity sewer and provides for all costs for relocation or
removal to be borne by Palm Beach County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
1 CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes the Mayor and City Clerk to execute a Subordination of Encumbrance to
Property between the City of Boynton Beach, Florida and Palm Beach County
, providing for the cost of relocation or removal of any facilities owned by the City under
Easement recorded in ORB 3659, at page 936 (Lawrence Road - Nautica Sound
P.U.D.) shall be borne by the County, a copy of said Agreement being attached hereto
as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~~ day of February, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
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Vice Mayor ~_
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May Pro Tern ~ .
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Commissio~r /
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ATTEST:
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CI Clerk
Commissioner
Lawson, Noble & Webb, Il.i.c.
Re: Nautica Sound - Preliminary Plat Review
December 18, 1995
Page Two
2. As stated in comments, the width of the existing bridge on Lawrence
Road and Meadows Boulevard entrance would have to be widened for a
right turn/deceleration lane. As consistent with other developments
on Lawrence Road, deceleration lanes have been required. I don't
see why the other entrance to the development on Lawrence Road
should require a deceleration lane and not Meadows Boulevard.
Plannina & Zonina Denartment
Plat One - Drawings (Plat 95-008)
1. The master plan shall be modified to receive unconditional sign-off
by all Technical Review Committee members.
2. Show on sheet 2 of 7 a 5 foot wide limited access easement on the
east side of Lawrence Road north of the main entrance to the
project.
3. On sheet 2 of 7 show a lake maintenance access easement to Tract L
1.
4. To show compliance with the approved 50 foot minimum lot frontage
modify the frontage of the regular shaped lot #181 found on sheet 3
of 3 to meet the approved minimum.
5. Show compliance with the minimum lot frontage for irregular shaped
lots as specified on the master plan by providing a letter, signed
and sealed by the engineer of record for the project, that lists no
less than the minimum lot frontage at the 15 foot front setback line
for the below listed irregular shaped lots. Thirty-seven point five
(37.5) feet is the minimum lot frontage allowed for the lots at the
15 foot front setback line. Also provide a current list of the
areas of each lot in plat one verifying that the lot areas are in
compliance with the minimum lot area of 5,000 square feet for "Zero-
Lot-Line" lots.
Lots 29, 173, 171, 89, 87, 86, 88, 30, 31, 32, 39, 40, 41, 42, 141,
143, 109, 110 and 111.
6. Submit to the City Engineer and the Planning & Zoning Director a
recent contract purchase agreement for the subject property signed
by the previous owner and the new owner. The contract purchase
agreement will be evaluated to determine land value to establish the
required recreation fee.
Lawson, Noble & Webb, I1.1.C.
Re: Nautica Sound - Preliminary Plat Review
December 18, 1995
Page Three
Plat One - Infrastructure Drawings (Plat 95-008)
7. Add to the bus stop parking area found on sheet 2 of 13 of the
paving, grading and drainage plans a handicapped parking space. The
parking space shall be designed in compliance with the adopted state
handicapped code. Show on the plan a type "F" or type "D" curb at
the west and east ends of the parking spaces at the bus stop area.
The location of the curbing shall be in compliance with Chapter 23 -
Parking Lots, Article II E {start the curbing at the elevation
points 15.70 and 15.95 (within the parking space) and terminate the
curbing at the entrance way curb north of the sidewalk). Drop curb
at intersection of sidewalk.
8. verify that the configuration of the Lawrence Road right-of-way
shown on the plans west of the proposed Grove Plaza (Grove Plaza -
northeast corner of Hypoluxo Road and Lawrence Road) is consistent
with the right-of-way configuration approved with the Grove Plaza
master plan. Contact the City Engineer for his comments on Grove
Plaza.
Plat One - H.O.A. - Documents (Plat 95-008)
Note: This review does not include review of the By Laws or
Articles of Incorporation. These documents are reviewed by the City
Attorney.
9. Provide Exhibit "A." It is recommended that the description of the
property be the plat book and page number assigned by Palm Beach
County when the plat was recorded.
10. Add to Article I - Definitions the "General Maintenance Guidelines"
and "Lake Area Management Plan" referenced on the plat. Also,
provide the document for review and add same as lettered exhibits to
the declaration of covenants, restrictions and easements for Nautica
Sound.
11. Provide Exhibit "B." It is recommended that the description of the
property be the plat book and page number assigned by Palm Beach
County.
12. Add to Article II - Description of Nautica Sound, Section 2, text
indicating the project shall be developed in compliance with the
approved master plan, plat document and site plan drawings and that
changes to the approved drawings/documents shall be processed as
described in the Boynton Beach Code of Ordinances. Also, include a
statement indicating, where applicable, City permits shall be
obtained to construct all improvements.
Lawson, Noble & Webb, I.L~"::.
Re: Nautica Sound - Preliminary Plat Review
December 18, 1995
Page Four
13. Add to Article II - Description of Nautica Sound, Section 3, B, text
indicating that maintenance of the lakes shall be in accordance with
the "Lake Area Management Plan." Also, identify each lake by
identifying the tract designation shown on the plat.
14. Add to Article II - Description of Nautica Sound, Section 3, C, the
tract designation shown on the plat that represents the streets.
15. Add to Article II - Description of Nautica Sound, Section 3, D, text
indicating that maintenance of the "Landscaped Areas" and "Grassed
Areas" shall be in accordance with the "General Maintenance
Guidelines." Also, identify these areas by listing the tract
designation shown on the plat.
16. Add to Article II - Description of Nautica Sound, Section 4, text
that indicates the maintenance of the lake lots shall be in
accordance with the "Lake Area Management Plan."
17. Add to Article IX - Maintenance Repair Obligations, Section 1, A,
text ,that indicates, where applicable, maintenance shall be in
accordance with the "General Maintenance Guidelines" and the "Lake
Area Management Plan."
18. Add to Article IX - Maintenance Repair Obligations, Section 2, Band
C, text indicating that, where applicable, maintenance shall be in
accordance with the "General Maintenance Guidelines" and the "Lake
Area Management Plan."
19. Add the following text to Article X - Rules and Regulations, Section
16: Installation of fences shall comply with the regulations
specified on the approved master plan.
20. The Homeowners Association Documents shall not be recorded in Palm
Beach County until the City Attorney and staff have approved the
documents.
21. Provide the Planning & Zoning Department a copy of the recorded
document following approval by the City Attorney and staff. Contact
the Engineering Division of the Development Department for the
procedures to follow in recording the document.
Plat Two - Drawings (Plat 95-009)
22. Show compliance with the minimum lot frontage for irregular shaped
-lots as specified on the master plan by providing a letter, signed
and sealed by the Engineer of record for the project, that lists no
less than the minimum lot frontage at the 15 foot front setback line
for the below listed irregular shaped lots. Thirty feet is the
minimum lot frontage allowed for the lots at the 15 foot front
setback lien. Also, provide a current list of the areas of each lot
Lawson, Noble & Webb, IJ.J.":.
Re: Nautica Sound - Preliminary Plat Review
December 18, 1995
Page Five
in plat two verifying that the lot areas are in compliance with the
minimum lot area of 5,000 square feet for "Zero-Lot-Line" lots and
4,500 square feet for "Z" lots with at least 13 "Z" lots having a
minimum area of 5,000 square feet.
Lots 339, 340, 341, 342 and 343.
23. Submit to the City Engineer and the Planning & Zoning Director a
recent contract purchase agreement for the subject property signed
by the previous owner and the new owner. The contract purchase
agreement will be evaluated to determine land value to establish the
required recreation fee.
Plat Two - H.O.A. documents (Plat 95-009)
24. Submit for review the supplemental declaration documents for plat
two.
City Attorney
1. H.O.A. documents contain necessary and required unified control.
Recreation & Parks Deoartment
No comments
Utility Deoartment
1. Requested meeting with design professional by fax to Rick Elsner
December 1. No comments received since then. Previous comments
were as follows:
A. Please provide this department with a copy of the proposed
drainage plans for review and comment on those portions to be
in the public right-of-way.
B. Palm Beach County Health Department permits will be required
for the proposed water and sanitary sewer systems (Sec. 26.12).
C. The Utilities Department requests a meeting with the
Owner/Project Engineer to discuss additions and deletions to
the proposed water and sanitary sewer plans.
Fire Deoartment
No comments
Buildina Division
No comments
ARTICLES OF INCORPORATION
OF
NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC.
(A Florida Corporation Not For Profit)
In order to form a corporation not for profit under and in accordance with
the provisions of Chapter 617 of the Florida Statutes, the undersigned hereby
incorporates the corporation not for profit for the purposes and with the powers
hereinafter set forth and, to that end, the undersigned, by these Articles of
Incorporation, certifies as follows:
ARTICLE I
DEFINITIONS
The following words and phrases when used in these Articles of
Incorporation {unless the context clearly reflects another meaning} shall have
the following meanings:
1. "Articles" mean these Articles of Incorporation and any amendments
hereto.
2. "Association" means Nautica Sound Homeowners Association, Inc.. a
Florida corporation not for profit.
3. "Association Property" means the property more particularly described
in Article II of the Declaration.
4. "Board" means the Board of Directors of the Association.
5.
thereto.
"Bylaws" mean the Bylaws of the Association and any amendments
6. "County" means Palm Beach County, Florida.
7. "Declarant" means G.L. Homes of Boynton Beach II Corporation. a
Florida corporation, and any successor or assign thereof which acquires any Lot
from Declarant for the purpose of development and to which G.L. Homes of Boynton
Beach II Corporation, a Florida corporation, specifically assigns all or part of
the rights of Declarant hereunder by an express written assignment recorded in
the Public Records of the County. The written election shall give notice as to
which rights of Declarant are to be exercised. In any event, any subsequent
declarant shall not be liable for any default or obligations incurred by any
prior declarant, except as may be expressly assumed by the subsequent declarant.
B. "Declaration" means the Declaration of Covenants, Restrictions and
Easements for Nautica Sound. which is intended to be recorded amongst the Public
Records of the County. and any amendments thereto.
9. "Director" means a
\
\...
FTL: 86859: 2
10. "Home" mean a residential dwelling unit in NaU:tica Sound intended as
an abode for one family constructed on the Property.
11. "Lot" means a portion of the Property as shown on the Plat, upon
which a Home is permitted to be erected.
12. "Member" means a member of the Association.
13. "Nautica Sound" means the planned residential community plar.ned for
development upon the "Property" (as defined in the Declaration) committed to land
use under the Declaration which is intended to be initially comprised of. but not
limited to, one hundred eighty-one (181) single-family Lots and the Association
Property located within the Property; however, Declarant has reserved the right
to add land to and withdraw land from Nautica Sound and, therefore, the number
of Lots within Nautica Sound may increase or decrease.
14. "Nautica Sound Documents" means, in the aggregate, the Declaration.
these Articles. the Bylaws and all of the instruments and documents referred to
or incorporated therein including, but not limited to. amendments to any of the
foregoing, as applicable.
15. "Operating Expenses" means the expenses for which Owners are liable
to the Association as described in the Nautica Sound Documents and includes, but
is not limited to, the costs and expenses incurred by the Association in
administering, operating, reconstructing, maintaining, financing, repairing,
replacing or improving the Association Property or any portion thereof and
improvements thereon and all costs and expenses incurred by the Association in
carrying out its powers and duties as set forth in the Nautica Sound Documents.
including, but not limited to, the cost of any reserves and any other expenses
designated to be Operating Expenses by the Board.
16. "Owner" means the owner (s) of the fee simple title to a Lot and
includes Declarant for so long as it is the owner of the fee simple title to a
Lot.
17. "Plat" means the plat of Nautica Sound P.U.D. - Plat One, recorded
or to be recorded amongst the Public Records of the County, and shall also mean
any Additional Plat added by Supplemental Declaration, as such terms are defined
in the Declaration.
ARTICLE II
NAME
The name of this corporation shall be NAUTICA SOUND HOMEOWNERS ASSOCIATION,
INC., a Florida corporation not for profit. whose principal address and mailing
address is 1401 University Drive, Suite 200. Coral Springs. Florida 33071-6039.
ARTICLE II I
PURPOSES
The purpose for which this Association is organized is to take title to,
operate, administer. manage, lease and maintain the Association Property in
FTL : 8 6 859 : 2
2
accordance with the terms of. and purposes set forth in. the Nautica Sound
Documents and to carry out the covenants and enforce the provisions of the
Nautica Sound Documents.
ARTICLE IV
POWERS
The Association shall have the following powers and shall be governed by
the following provisions:
A. The Association shall have all of the common law and statutory powers
of a corporation not for profit.
B. The Association shall have all of the powers to be granted to the
Association in the Nautica Sound Documents. All of the provisions of the
Declaration and Bylaws which grant powers to the Association are incorporated
into the Articles.
C. The Association shall have all of the powers reasonably necessary to
implement the purposes of the Association. including. but not limited to, the
following:
1. To perform any act required or contemplated by it under the
Nautica Sound Documents.
2. To make, establish, amend and enforce reasonable rules and
regulations governing the use of the Association Property.
3. To make, levy and collect "Assessments" (as defined in the
Declaration) for the purpose of obtaining funds from its Members to pay Operating
Expenses and other costs defined in the Declaration and costs of collection, and
to use and expend the proceeds of Assessments in the exercise of the powers and
duties of the Association.
4. To maintain. repair, replace and operate the Association
Property in accordance with the Nautica Sound Documents.
5. To enforce by legal means the obligations of the Members and
the provisions of the Nautica Sound Documents.
6. To employ personnel, retain independent contractors and
professional personnel, and enter into service contracts to provide for the
maintenance, operation, administration and management of the Association Property
and to enter into any other agreements consistent with the purposes of the
Association. including, but not limited to, agreements with respect to
professional management of the Association Property and to delegate to such
professional management certain powers and duties of the Association.
7. To enter into the Declaration and any amendments thereto and
instruments referred to therein.
FTL:86859:2
3
8. To provide, to the extent deemed necessary by the Board. any
and all services and do any and all things which are incidental to or in
furtherance of things listed above or to carry out the Association mandate to
keep and maintain Nautica Sound in a proper and aesthetically pleasing condition
and to provide the Owners with services, amenities, controls and enforcement
which will enhance the quality of life at Nautica Sound.
9. Notwithstanding anything contained herein to the contrary, the
Association shall be required to obtain the approval of three-fourths (3/4) of
all Members (at a duly called meeting of the Members at which a quorum is
present) prior to the engagement of legal counsel by the Association for the
purpose of suing, or making, preparing or investigating any lawsuit, or
commencing any lawsuit other than for the following purposes:
(a) the collection of assessments;
(b) the collection of other charges which Owners are
obligated to pay pursuant to the Nautica Sound Documents;
(c) the enforcement of any applicable use and occupancy
restrictions contained in the Nautica Sound Documents;
(d) in an emergency where waiting to obtain the approval of
the Members creates a substantial risk of irreparable injury to the Association
Property or to Member(s) (the imminent expiration of statute of limitations shall
not be deemed an emergency obviating the need for the requisite vote of
three-fourths (3/4) of the Members) i or
(e) filing a compulsory counterclaim.
ARTICLE V
MEMBERS AND VOTING
The qualification of Members of the Association, the manner of their
admission to membership, the manner of the termination of such membership and the
manner of voting by Members shall be as follows:
A. Until such time as the first deed of conveyance of a Lot from
Declarant to an Owner is recorded amongst the Public Records of the County
("First Conveyance"), the membership of the Association shall be comprised solely
of the incorporator of these Articles ("Incorporator"). The Incorporator shall
be entitled to cast one (1) vote on all matters requiring a vote of the
membership.
B. Upon the First Conveyance, membership of the Incorporator in the
Association shall be automatically terminated and thereupon Declarant shall be
a Member as to each of the remaining Lots until each such Lot is conveyed to
another Owner, and thereupon and thereafter each and every Owner, including
Declarant as to Lots owned by Declarant, shall be Members and exercise all of the
rights and privileges of Members.
FTL:86859:2
4
C. Membership in the Association for Owners other "than Declarant shall
be established by the acquisition of ownership of fee title to a Lot as evidenced
by the recording of an instrument of conveyance amongst the Public Records of the
County. Where title to a Lot is acquired by conveyance from a party other than
Declarant by means of sale. gift, inheritance. devise, judicial decree or
otherwise, the person. persons or entity thereby acquiring such Lot shall not be
a Member unless or until such Owner shall deliver a true copy of a deed or other
instrument of acquisition of title to the Association.
D. The Association shall have two {2} classes of voting membership:
1. "Class A Members" shall be all Members, with the exception of
Declarant while Declarant is a Class B Member. and shall be entitled to one (I)
vote for each Lot owned.
2. "Class B Members" shall be Declarant who shall be entitled to
two times the total number of votes of the Class A Members plus one. Class B
membership shall cease and be converted to Class A membership upon the earliest
to occur of the following events ("Turnover Date") :
(i) Three (3) months after the conveyance of
seventy-five percent (75%) of the "Total Developed Lots" (as defined in Article
X. C hereof) by Declarant. as evidenced by the recording of instruments of
conveyance of such Lots amongst the Public Records of the CountYi or
(ii)
writing to the Association.
At such time as Declarant shall designate in
On the Turnover Date, Class A Members including Declarant shall
assume control of the Association and elect the Board.
E. The designation of different classes of membership are for purposes
of establishing the number of votes applicable to certain Lots, and, nothing
herein shall be deemed to require voting solely by an individual class on any
matter which requires the vote of Members, unless otherwise specifically set
forth in Nautica Sound Documents.
F. No Member may assign, hypothecate or transfer in any manner his
membership in the Association except as an appurtenance to his Lot.
G. Any Member who conveys or loses title to a Lot by sale. gift, devise,
bequest. judicial decree or otherwise shall, immediately upon such conveyance or
loss of title, no longer be a Member with respect to such Lot and shall lose all
rights and privileges of a Member resulting from ownership of such Lot.
H. There shall be only one (1) vote for each Lot, except for Class B
Members as set forth herein. If there is more than one Member with respect to
a Lot as a result of the fee interest in such Lot being held by more than one
person, such Members collectively shall be entitled to only one (1) vote. The
vote of the Owners of a Lot owned by more than one natural person or by a
corporation or other legal entity shall be cast by the person named in a
certificate signed by all of the Owners of the Lot, or. if appropriate, by
FTL:86859:2
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properly designated officers, partners or principals of the respective legal
entity. and filed with the Secretary of the Association. and such certificate
shall be valid until revoked by a subsequent certificate. If such a certificate
is not filed with the Secretary of the Association. the vote of such Lot shall
not be considered for a quorum or for any other purpose.
Notwithstanding the foregoing provisions, whenever any Lot is owned
by a husband and wife they may, but shall not be required to, designate a voting
member. In the event a certificate designating a voting member is not filed by
the husband and wife, the following provisions shall govern their right to vote:
1. Where both are present at a meeting, each shall be regarded as
the agent and proxy of the other for purposes of casting the vote for each Lot
owned by them. In the event they are unable to concur in their decision upon any
subject requiring a vote, they shall lose their right to vote on that subject at
that meeting. but shall count for purposes of establishing a quorum.
2. Where only one (1) spouse is present at a meeting, the person
present may cast the Lot vote without establishing the concurrence of the other
spouse, absent any prior written notice to the contrary by the other spouse. In
the event of prior written notice to the contrary to the Association by the other
spouse, the vote of said Lot shall not be considered, but shall count for
purposes of establishing a quorum.
3. Where neither spouse is present, the person designated in a
"Proxy" (as defined in the Bylaws) signed by either spouse may cast the Lot vote.
absent any prior written notice to the contrary to the Association by the other
spouse or the designation of a different Proxy by the other spouse. In the event
of prior written notice to the contrary to the Association or the designation of
a different Proxy by the other spouse, the vote of said Lot shall not be
considered, but shall count for purposes of establishing a quorum.
I. A quorum shall consist of persons entitled to cast at "least one-third
(1/3) of the total number of votes of the Members.
ARTICLE VI
:rnEM
The term for which this Association is to exist shall be perpetual. In the
event of dissolution of the Association (unless same is reinstated), other than
incident to a merger or consolidation, all of the assets of the Association shall
be conveyed to a similar homeowners association or a public agency having a
similar purpose. or any Member may petition the appropriate circuit court of the
State of Florida for the appointment of a receiver to manage the affairs of the
dissolved Association and its properties in the place and stead of the dissolved
Association and to make such provisions as may be necessary for the continued
management of the affairs of the dissolved Association and its properties.
FTL:86859:2
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ARTICLE VII
INCORPORATOR
The name and address of the Incorporator of these Articles are:
Mark F. Grant, Esquire
Ruden, Barnett, McClosky, Smith, Schuster & Russell. P.A.
200 East Broward Boulevard
Ft. Lauderdale, Florida 33301
ARTICLE VIII
OFFICERS
The affairs of the Association shall be managed by the President of the
Association, assisted by the Vice President(s). Secretary and Treasurer, and, if
any, by the Assistant Secretary(ies) and Assistant Treasurer(s), subject to the
directions of the Board.
The Board shall elect the President, Secretary and Treasurer, and as many
Vice Presidents, Assistant Secretaries and Assistant Treasurers as the Board
shall, from time to time, determine. The President shall be elected from amongst
the membership of the Board, but no other officer need be a Director. The same
person may hold two offices, the duties of which are not incompatible; provided,
however. the office of President and a Vice President shall not be held by the
same person. nor shall the office of President and Secretary or Assistant
Secretary be held by the same person.
ARTICLE IX
FIRST OFFICERS
The names of the officers who are to serve until the first election of
officers by the Board are as follows:
President
Richard A. Costello
Vice President
Alan Fant
Secretary/Treasurer
Lawrence Portnoy
ARTICLE X
BOARD OF DIRECTORS
A. The number of Directors on the first Board of Directors of the
Association (" First Board") and the "Initial Elected Board" (as hereinafter
defined) shall be three (3). The number of Directors elected by the Members
subsequent to the "Declarant's Resignation Event" (as hereinafter defined) shall
be not less than three (3) nor more than five (5), as the Board shall from time
to time determine prior to each meeting at which Directors are to be elected.
Except for Declarant-appointed Directors, Directors must be Members or the
parents. children or spouses of Members. There shall be only one (1) vote for
each Director.
FTL:86859:2
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B. The names and addresses of the persons who are to serve as Directors
on the First Board are as follows:
NAMES
ADDRESSES
Lawrence Portnoy
1401 University Drive, Suite 200
Coral Springs, Florida 33071
Alan Fant
1401 University Drive. Suite 200
Coral Springs, Florida 33071
Richard A. Costello
1401 University Drive, Suite 200
Coral Springs, Florida 33071
Declarant reserves the right to replace and/or designate and elect successor
Directors to serve on the First Board for so long as the First Board is to serve.
as hereinafter provided.
C. Declarant intends that Nautica Sound be developed in two stages.
Initially Nautica Sound shall contain an aggregate of one hundred eighty-one
(181) Lots with a Home erected upon each Lot ("Developed Lot"). If stage two is
added to Nautica Sound, for purposes hereof, the term "Total Developed Lots"
shall mean the four hundred twenty-four (424) Developed Lots which Declarant
intends to develop in Nautica Sound. Notwithstanding the foregoing, Declarant
has reserved the right in the Declaration to add land to and withdraw land from
Nautica Sound and, therefore. the total number of Lots and Homes within Nautica
Sound, and thus the term "Total Developed Lots", may refer to a number greater
or lesser than four hundred twenty-four (424). The number of Lots added to or
withdrawn from Nautica Sound and the revised number of "Total Developed Lots"
will be set forth in a Supplement to Declaration recorded in the County if
additional land is added to or withdrawn from Nautica Sound.
D. Upon the Turnover Date. the Members other than Declarant ("Purchaser
Members") shall be entitled to elect not less than a majority of the Board. The
election of not less than a majority of the Board by the Purchaser Members shall
occur at a special meeting of the membership to be called by the Board for such
purpose ("Initial Election Meeting"). The First Board shall serve until the
Initial Election Meeting.
E. At the Initial Election Meeting. Purchaser Members, who shall include
all Members other than Declarant, the number of which may change from time to
time, shall elect two (2) of the Directors. and Declarant, until the Declarant's
Resignation Event, shall be entitled to designate one (1) Director (same
constituting the "Initial Elected Board"). Declarant reserves and shall have the
right, until the Declarant's Resignation Event, to name the successor, if any,
to any Director it has so designated.
F.
described in
de fined in
The Board shall continue to be so designated and elected,
Paragraph E above, at each subsequent "Annual Members' Meeting"
the Bylaws), until the Annual Members' Meeting following
as
(as
the
FTL:868S9:2
8
Declarant's Resignation Event or until a Purchaser Member-elected Director is
removed in the manner hereinafter provided.
A Director (other than a Declarant-appointed Director) may be removed
from office upon the affirmative vote of a majority of the voting interests of
Purchaser Members. for any reason deemed to be in the best interests of the
Purchaser Members. A meeting of the Purchaser Members to so remove a Director
(other than a Declarant-appointed Director) shall be held upon the written
request of ten percent (10%) of the Purchaser Members.
G. The Initial Election Meeting shall be called by the Association,
through the Board, within sixty (60) days after the Purchaser Members are
entitled to elect a majority of Directors as provided in Paragraph D hereof. A
notice of meeting shall be forwarded to all Members in accordance with the
Bylaws; provided. however. that the Members shall be given at least fourteen (14)
days' notice of such meeting. The notice shall also specify the number of
Directors which shall be elected by the Purchaser Members and the remaining
number of Directors designated by Declarant.
H.
Resignation
resign:
Upon the earlier to occur of the following events ("Declarant's
Event"), Declarant shall cause all of its designated Directors to
1. When Declarant no longer holds any Lot for sale in the ordinary
course of business and all Lots sold by Declarant have been conveyed as evidenced
by the recording of instruments of conveyance of such Lots amongst the Public
Records of the County; or
2. When Declarant causes the voluntary resignation of all of the
Directors designated by Declarant and does not designate replacement Directors.
Upon Declarant's Resignation Event, the Directors elected by
Purchaser Members shall elect a successor Director to fill the vacancy caused by
the resignation or removal of Declarant's designated Director. This successor
Director shall serve until the next Annual Members 1 Meeting and until his
successor is elected and qualified. In the event Declarant's Resignation Event
occurs prior to the Initial Election Meeting, the Initial Election Meeting shall
be called in the manner set forth in Paragraph G of this Article X, and all of
the Directors shall be elected by the Purchaser Members at such meeting.
I. At each Annual Members' Meeting held subsequent to Declarant I s
Resignation Event, all of the Directors shall be elected by the Members. At the
first Annual Members Meeting held after the Initial Election Meeting, a
"staggered" term of office of the Board shall be created as follows:
1. a number equal to fifty percent (50%) of the total number of
Directors rounded to the nearest whole number is the number of Directors whose
term of office shall be established at two (2) years and the Directors serving
for a two (2) year term will be the Directors receiving the most votes at the
meeting; and
FTL:86859:2
9
2. the remaining Directors' terms of office shall be established
at one (1) year.
At each Annual Members Meeting thereafter, as many Directors of the
Association shall be elected as there are Directors whose regular term of office
expires at such time. and the term of office of the Directors so elected shall
be for two {2} years expiring when their successors are duly elected and
qualified.
J. The resignation of a Director who has been designated by Declarant
or the resignation of an officer of the Association who has been elected by the
First Board shall remise, release, acquit, satisfy and forever discharge such
officer or Director of and from any and all manner of action{s}, cause{s} of
action. suits. debts. dues, sums of money, accounts, reckonings. bonds. bills;
specialties. covenants. contracts, controversies. agreements. promises.
variances, trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which the Association or Purchaser Members had.
now have or will have or which any personal representative, successor, heir or
assign of the Association or Purchaser Members hereafter can, shall or may have
against said officer or Director for, upon or by reason of any matter, cause or
thing whatsoever from the beginning of the world to the day of such resignation.
except for such Director's or officer's willful misconduct or gross negligence.
ARTICLE XI
INDEMNIFICATION
Each and every Director and officer of the Association shall be indemnified
by the Association against all costs, expenses and liabilities, including
attorney and paralegal fees at all trial and appellate levels and post judgment
proceedings, reasonably incurred by or imposed upon him in connection with any
negotiations, proceeding, arbitration, litigation or settlement in which he
becomes involved by reason of his being or having been a Director or officer of
the Association, and the foregoing provision for indemnification shall apply
whether or not such person is a Director or officer at the time such cost,
expense or liability is incurred. Notwithstanding the above, in the event of any
such settlement, the indemnification provisions provided in this Article XI shall
not be automatic and shall apply only when the Board approves such settlement and
reimbursement for the costs and expenses of such settlement as in the best
interest of the Association, and in the event a Director or officer admits or is
adjudged guilty of willful misfeasance or malfeasance in the performance of his
duties, the indemnification provisions of this Article XI shall not apply. The
foregoing right of indemnification provided in this Article XI shall be in
addition to and not exclusive of any and all rights of indemnification to which
a Director or officer of the Association may be entitled under statute or common
law.
ARTICLE XII
BYLAWS
The Bylaws shall be adopted by the First Board. and thereafter may be
altered, amended or rescinded in the manner provided for in the Bylaws. In the
FTL: 86859: 2
10
event of any conflict between the provisions of these Articles and the provisions
of the Bylaws, the provisions of these Articles shall control.
ARTICLE XIII
AMENDMENTS
A. Prior to the First Conveyance, these Articles may be amended only by
an instrument in writing signed by the incorporator of these Articles and filed
in the Office of the Secretary of State of the State of Florida.
B. After the First Conveyance, these Articles may be amended in the
following manner:
1. (a) The Board shall adopt a resolution setting forth the
proposed amendment and directing that it be submitted to a vote at a meeting of
the Members, which may be at either the Annual Members' Meeting or a special
meeting. Any number of proposed amendments may be submitted to the Members and
voted upon by them at one meeting.
(b) Written notice setting forth the proposed amendment or
a summary of the changes to be effected thereby shall be given to each Member
within the time and in the manner provided in the Bylaws for the giving of notice
of meetings ("Required Notice") .
(c) At such meeting, a vote of the Members shall be taken on
the proposed amendment (s) The proposed amendment (s) shall be adopted upon
receiving the affirmative vote of a majority of the voting interests.
2. An amendment may be adopted by a written statement (in lieu of
a meeting) signed by all Members and all members of the Board setting forth their
intention that an amendment to the Articles be adopted.
C. These Articles may not be amended without the written consent of a
majority of the members of the Board.
D. Notwithstanding any provisions of this Article XIII to the contrary,
these Articles shall not be amended in any manner which shall prejudice the
rights of: (i) Declarant, without the prior written consent thereto by
Declarant, for so long as Declarant holds either a leasehold interest in or title
to at least one (1) Lot; and (ii) any "Institutional Mortgagee" (as such term is
defined in the Declaration) without the prior written consent of such
Institutional Mortgagee.
E. Notwithstanding the foregoing provisions of this Article XIII, no
amendment to these Articles shall be adopted which shall abridge, amend or alter
the rights of Declarant hereunder including, but not limited to, Declarant's
right to designate and select members of the First Board or otherwise designate,
and select Directors as provided in Article X hereof, nor shall any amendment be
adopted or become effective without the prior written consent of Declarant.
F.
article or
Any instrument amending these Articles shall identify the particular
articles being amended and shall provide a reasonable method to
FTL:B6B59:2
11
identify the amendment being made. A certified copy of each of such amendment
shall be attached to any certified copy of these Articles, and a copy of each
amendment certified by the Secretary of State shall be recorded amongst the
Public Records of the County.
A.~TICLE XIV
REGISTERED OFFICE AND REGISTERED AGENT
The street address of the initial registered office of the Association is
200 East Broward Boulevard, Ft. Lauderdale, Florida 33301 and the initial
registered agent of the Association at that address shall be Mark F. Grant
IN WITNESS WHEREOF. the Incorporator has hereunto affixed his signature,
this day of , 199__
Mark F. Grant
The undersigned hereby accepts the designation of Registered Agent as set
forth in Article XIV of these Articles of Incorporation, and acknowledges that
he is familiar with, and accepts the obligations imposed upon registered agents
under the Florida Not For Profit Corporation Act.
Mark F. Grant
Dated:
FTL:86859:2
12
STATE OF FLORIDA
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
September, 1995 by MARK F. GRANT, the person described as the Incorporator of
these Articles who executed the foregoing Articles of Incorporation. who is
personally known to me or who has produced as
identification.
(SEAL)
Notary Public
Printed, Typed or Stamped Notary Name
My Commission Expires:
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llttvn &8: (.... _..deft.... na...... .......111)
Name:
Addr.l:
Tbl. Il1drGmeDt Pnpa....s by:
Mark F. Grant, Esq.
Ruden. McClosky. Smith
Schuater &. Russell, P.A.
200 East Broward Boulevard
1 Sth Floor
Fort Lauderdale, Florida 33301
/t.C A
. LINE raoc
TA
A
.
GD
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR NAunCA SOUND
This instrument ("Amendmentll) is made as of this 1st day of February. 1996 by
G. L. HOMES OF BOYNTON BEACH II CORPORATION., a Florida corporation ("Deel t").
whose principal office is located at 1401 University Drive, Suite 200, Coral Sprinas, Florida 33 71-
6039, and joined in by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a FI 'da
corporation not-for-profit ("Association"), whose principal office is located at 1401 Univ ity
Drive, Suite 200, Coral Springs. Florida 33071-6039.
, WHEREAS, Declarant has executed and recorded in Official Records Book 8939, Page
of the Public Records of Palm Beach County, Florida, a certain "Declaration of Cove is,
Restrictions and Easements for Nautica SOWld," (hereinafter referred to as the "Declaration"); and
WHEREAS, the Declaration provides in Section 8, Paragraph 1, that prior to the '1Urn ver
Date" ( as defined in the Articles of Incorporation of the Association), Declarant may amen the
Declaration without the requirement of the ~nsent of the Association or the "Owners" (as de ned
in the Declaration); and
\VHEREAS, Section 8, Paragraph I, also provides that the Association shall, upo
request of the Declarant, join in any amendment and execute an instnunent to evidence 8uchjo
and consent; and
WHEREAS, Declarant desires to amend the Declaration with regard to certain rs
contained in the Declaration; and
J'TL. U31:U:3
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WHEREAS, Declarant requests the joinder and consent of the Association; and
WHEREAS, the Turnover Date has not occurred as of the date first above written; and
NOW THEREFORE, Declarant hereby declares that the Declaration is hereby amend
follows:
1. Section 2, Article n of the Declaration is hereby amended by adding thereto
following language as Paragraph 2:
Nautica SOlmd shall be developed in confonnance with the '~AUTICA SOUND
F.K.A. Knollwood Groves P.U.D. Rectified Master Plan" prepared by Kilday &
Associates (the "Master Plan''), the Plat and Additional Plat, if any, and any site plan
approved by the City of Boynton Beach (collectively, the IlRecord Approvals''), each
as may be amended from time to time. .
2. The last paragraph in Section 2, Article II of the Declaration is hereby amende by
adding thereto the following language as the last sentence:
Modifications to the Record Approvals, or any of them, shall be processed in
accordance with the Boynton Beach Code of Ordinances. Where applicable, City
of Boynton Beach pennits shall be obtained to construct improvements.
3. The first sentence in Section 3(A), Article II of the Declaration is hereby amen ed
as follows:
"Nautica Sound will include a recreation area (IlRecreation Tract") designated on
the Plat as Tract C."
4. The first sentence in Section 3(B), Article II of the Declaration is hereby amen cd
as follows:
"The "Lakes" are those portions of the Property designated as Tracts ilL lit, "L2",
"L3", and "L4" on the Plat and shall always be kept and maintained as lakes for water
retention, drainage, inigation and water management purposes in compliance with
all applicable governmental and water management district requirements."
S. The first sentence: in Section 3(C) of Article n of the Declaration is hereby amen ed
as follows:
"The "Streets," "Drives." "Roads" snellor "Roadways" are those portions of the
Property designated on the Plat as Tract "A'. and which are reserved for or dedicated
rn.: U31~.:3
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to the Association but specifically excluding any street or roadway dedicated to the
public on the Plat or the Additional Plat.
6. The first sentence in Section 3(0), Article n of the Declaration is hereby amen ed
as follows:
"The "Landscaped Areas" and "Grassed Areas" are those portions of the Property
designated on the Plat as Tracts "0", '6E", "F", "0", and "H" and are to be used, kept
and maintained as such by Declarant, the Association and the Owners, their family
members, guests, lessees and invitees in accordance with the provisions of this
Declaration. "
7. The following paraaraph will be adeled as Paragraph G to Section I of Article I
"The Association. at its expense shall be responsible for the maintenance, repair d
replacement of the grassed areas and landscaped areas on Tract B of the PIal
8. The fU'St sentence in Section 16, Article X of the Declaration is hereby amen ed
as follows:
"Any fence placed upon any Lot must be approved by the Committee, as provided
in Article VIII hereof, prior to installation, and shall be installed in compliance with
the Master Plan (as herein defined)."
9. The following paragraph shall be added to Article XIII, Section 8 of the Declara on
as Paragraph Number 7:
"Any proposed amendment to the Declaration which would affect the surface water
management system (including enviromnental conservation areas and the water
management portions of the Association Property) shall be submitted to the South
Florida Water Management District for a determination of whether the proposed
amendment necessitates a modification of the surface water management permit."
10.
follows:
Exhibit "AU the Declaration, is amended to reflect the recordation of the Pia as
.'All of the Plat ofNautica Sound P.U.D.-Plat One, according to the Plat thereof. as
recorded in Plat Book _' Page _' of the Public Records of Palm Beach
County, Florida.
11. Exhibit "B" of the Declaration is amended to reflect the recordation of the Additi
Plat as follows:
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"All of the Plat ofNautica Sound P.U.D.-Plat Two, according to the Plat thereof, as
recorded in Plat Book ---' Page _' of the Public Records of Palm Beach
County, Florida. n
12. Unless otherwise defined herein, each term defined in the Declaration and used h
shall have its meaning as defined in the Declaration.
By: G. L. HOMES OF BOYNTON BEAC
CORPORA nON, a Florida corpol'8tiOD,
13. This Amendment shall become effective upon recording amongst the Public Rec
of Palm Beach County, Florida.
14. As modified hereby, the Declaration shall remain in full force and effi
accordance with the terms thereof.
IN WITNESS 'WHEREOF, this Amendment has been signed by Declarant and joined .
the Association on the respective dates set forth below.
By:
Printed Name:
Alan Fant, Vice President
Attest:
Printed Name:
. Secretary
(SEAL)
WITNESSES:
ASSOCIATION:
NAUTICA SOUND HOMEOWN S
ASSOCIA nON, INC., a Florida corporation not or
profit
By:
Printed Name:
Alan J. F ant, Vice President
Printed Name:
Attest:
Lawrence Portnoy, Secretary
(SEAL)
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STATE OF FLORIDA )
) SS:
COUNTYOFBROWARD )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the S
aforesaid and in the County aforesaid to take acknowlcdaments. the foregoing instrument
acknowledged before me by ALAN J. FANT and . the Vice President and Secre .
respectively, of G. L. HOMES OF BOYNTON BEACH II CORPORATION, INC., a Flo 'da
corporation, freely and voluntarily under authority duly vested in them by said corporation, and t
the seal affixed thereto is the true corporate seal of said corporation. ALAN J. F ANT is pc:no Y
known to me or bas produced as identification. is
personally known to me or has produced as identification.
WITNESS my band and official seal in the County and State last aforesaid this _ da of
February, 1996.
Notary Public, State of Florida at Large
Typed, Printed or Stamped Name of Notary Publ c
My Commission Expires:
i"'1'l.!l:ll1:i&,J
s
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STATE OF FLORIDA )
} SS:
COUNTY OF BROWARD }
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the S ate
aforesaid and in the COWlty aforesaid to take acknowlediMents, the foregoing instrument as
acknowledged before me by ALAN J. F ANT and LAWRENCE PORTNOY, the Vice-President
Secretary, respectively, ofNAUTlCA SOUND HOMEOWNERS ASSOCIATION, INC., a Flo da
corporation not for profit, freely and voluntarily under authority duly vested in them by . d
corporation, and that the seal affixed thereto is the true corporate seal of said corporation.
J. F ANT is personally known to me or has produced as identitic
LAWRENCE PORTNOY is personally known to me or has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ da of
February, 1996.
Notary Public, State of Florida at Large
Typed, Printed or Stamped Name of Notary Pub 'c
My Commission Expires:
rrt.;.aH34.)
6
Mark F. Grant, Esq.
P\J.NN\NG~PTN\)
10NING \)t;. .
Return to: (enclose self-addressed S13mped en.....lope)
Name:
Address:
P.O. Box 1900
Fort Lauderdale, Florida 33302
This Instrument Prepared by:
Ruden, Barnett, McClosky, Smith
Schuster & Russell, P.A.
200 East Broward Boulevard
15th Floor -
Fort lauderdale, Florida 33301
SPACE ABOVE THIS U:'-iE fOR PROCESSli\G DATA
SPACE ABOVE THIS L1:>lE fOR PROCESSI:"iG DATA
DECLARATION OF COVENANTS, RESTRICTIONS
AND EASEMENTS FOR NAUTICA SOUND
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASElYfENTS
FOR NAUTICA SOUND ("Declaration") is made this _ day of September, 1995 by
G.L. HOMES OF BOYNTON BEACH II CORPORATION, a Florida corporation, its
successors and assigns ("Declarant"), and is joined in by NAUTICA SOUND
HONlEOWNERS ASSOCIATION, INC., a Florida corporation not for profit
(" Association").
WHEREAS, Declarant is the owner in fee simple of the real property more
particularly described on Exhibit "A" ("Propert)iH}-fttached hereto and made a part hereof;
and
WHEREAS, Declarant desires to develop a community on the Property to be known
as "N autica Sound" as hereinafter set forth; and
WHEREAS, in order to develop and maintain Nautica Sound as a planned residential
community and to preserve the values and amenities of such community, it is necessary to
declare, commit and subject the Property and the improvements now or hereafter constructed
thereon to certain land use covenants, restrictions, reservations, regulations, burdens, liens,
and easements; and to delegate and assign to the Association certain powers and duties of
ownership, administration, operation, maintenance and enforcement; and
WHEREAS, the Association is joining in this Declaration in order to acknowledge
its obligations hereunder.
FTL 86894.4
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NOW, THEREFORE, in consideration of the premises and covenants herein
contained, Declarant hereby declares that the Property shall be O\vned, held, used,
transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions,
easements, reservations, regulations, burdens and liens hereinafter set forth, all of which shall
nm with the Property and any part thereof and which shall be binding upon all parties having
anI: right, title or interest in the Property or any part thereof, their heirs, successors and
aSSIgns.
ARTICLE I
DEFINITIONS
The terms used in this Declaration shall be defined as set forth herein unless expressly
provided otherwise;
Section 1.. "ADDITIONAL PLAT" shall mean the Plat ( as defined in Section 31 herein)
of the Additional Property provided a Supplemental Declaration for the Additional Property
is recorded amongst the public records of the County.
Section 7.. "ADDITIONAL PROPERTY" shall mean the real property more particularly
described on Exhibit "B" attached hereto and made a part hereof. The Additional Property
may 'be. submitted by DeClarant to the terms and provisions of this Declaration by a
Supplemental Declaration which shall be executed by the owner of the Additional Property
and need not be joined in by any other person or Owner. No portion of the Additional
Property is encumbered by this Declaration unless such property is added by a Supplemental
Declaration by the fee owner thereof. In the event the Additional Property becomes
encumbered by this Declaration, then, and only then in such event, the term "Property" as
used herein shall also mean the Additional Property.
Section 3. "ARCHITECTURAL CONTROL CONllvllTTEE" shall mean the committee
created pursuant to Article VIII hereof.
Section 4. "ARTICLES" shall mean the Articles of Incorporation of the Association
which have been filed in the Office of the Secretary of State of the State of Florida, a true
copy of which is attached hereto as Exhibit "C" and incorporated herein by this reference,
as such Articles may be amended from time to time.
Section 5. "ASSESSNlENT" shall mean assessments for which all Owners are obligated
to the Association and includes "Individual Lot Assessments," and "Special Assessments"
(as such terms are defined in Article VII hereof) and any and all other assessments which are
levied by the Association in accordance with the Nautica Sound Documents.
Section 6. "ASSOCIATION" shall mean and refer to NAUTICA SOUND
HOrvrEOWNERS ASSOCIATION, INC., a not-for-profit Florida corporation, its successors
and assigns, existing pursuant to the Articles of Incorporation, filed in the Office of the
Secretary of State of the State of Florida on September 28, 1995, as amended by any
amendments thereto, and which Association is responsible for the maintenance, preservation
and architectural control of certain properties \vithin Nautica Sound as provided in this
Declaration.
FTL.868944
2
Section 7. "ASSOCIATION PROPERTY" shall mean such portion of the Property not
included in any Lot, and which is or shall be owned or maintained by the Association, as set
forth in this Declaration, for the common use and enjoyment of the Owners, together with
landscaping and any other Improvements thereon, including, without limitation, all
structures. recreational facilities, open spaces, private streets, side\valks, irrigation, street
lights, if any, and entrance features, but excluding any public utility installations thereon; in
addition. such portions of the Property as are declared to be Association Property in any
Supplemental Declaration, less whatever portions of the Property are declared to be
withdrawn from the provisions of this Declaration in any Supplemental Declaration.
Section 8.
"BOARD" shall mean the governing body of the Association.
Section 9. "BYLAWS" shall mean the Bylaws of the Association, which have been or will
be adopted by the Board, a copy of which is attached hereto as Exhibit "D" and incorporated
herein by this reference, as such Bylaws may be amended from time to time.
Section 1 O. "CONTRIBUTING LOT" shall mean any Lot conveyed by Declarant, as
evidenced by a recorded deed of conveyance, except if conveyed to an Institutional
Mortgagee in lieu of foreclosure.
Section 11. "CONTRIBUTING LOT OWNER" shall mean the owner of a Contributing
Lot.
Section 12. "COUNTY" shall mean Palm Beach County, Florida.
Section 13. "DECLARANT" shall mean and refer to G.L. Homes of Boynton Beach II
Corporation, a Florida corporation, and any successor or assign thereof which acquires any
Lot from Declarant for the purpose of development and to which G.L. Homes of Boynton
Beach II Corporation, a Florida corporation, specifically assigns all or part of the rights of
Declarant hereunder by an express written assignment recorded in the Public Records of the
County. The written election shall give notice as to which rights of Declarant are to be
exercised. In any event, any subsequent declarant shall not be liable for any default or
obligations incurred by any prior declarant, except as may be expressly assumed by the
subsequent declarant.
Section 14. "DECLARATION" shall mean this instrument as it may be amended from time
to time, together \vith any Supplemental Declaration(s).
Section 15. "DIRECTOR" shall mean a member of the Board.
Section 16. "DOMINANT LOT" shall mean a Lot to which an easement over a Servient
Lot created by Article IV of this Declaration is appurtenant (i.e., a Lot owned by an Owner
entitled to access to his Lot over certain portions of an adjoining Lot). A Lot may be both
a Dominant Lot and Servient Lot as to diffe'rent easements created by Article IV hereof, but
not as to the same easement.
Section 17. "HONtE" shall mean a residence constructed on a Lot which is designed and
intended for use and occupancy as a single-family residence.
FTL868944
..,
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Section 18. "IMPROVErvIENT" shall mean all structures or artificially created conditions
and appurtenances thereto of every type and kind located upon the Property, including, but
not limited to, buildings, walkways, recreation areas and facilities, sprinkler pipes,
gatehouses, roads, driveways, fences, retaining walls, stairs, landscaping, hedges, plantings,
poles, children's climbing apparatus, tennis courts, swimming pools, jogging and w'alking
paths, basketball backboards and hoops, and signs.
Section 19. "INSTITUTIONAL MORTGAGE" shall mean a mortgage held by an
Institutional Mortgagee.
Section 20. "INSTITUTIONAL MORTGAGEE OR INSTITUTIONAL LENDER" shall
mean any lending institution o\vning a first mortgage encumbering any Home or Lot, which
O\vner and holder of said mortgage shall either be a bank, life insurance company, federal or
state savings and loan association, real estate or mortgage investment trust, building and loan
association, mortgage banking company licensed to do business in the State of Florida, or
any subsidiary thereof licensed or qualified to make mortgage loans in the State of Florida
or a national banking association chartered under the la\vs of the United States of America
or any "secondary rii.ortgage market institution", including the Federal National Mortgage
Association ("FN0.LA."), Government National Mortgage Association ("GNMA"), Federal
Home Loan Mortgage Corporation ("FHLMC") and such other secondary mortgage market
institutions as the Board shall hereafter approve in writing; any and all lenders, the
successors and assigns of such lenders, which have loaned money to Declarant and which
hold a mortgage on any portion of the Property securing such a loan; any pension or profit
sharing funds qualified under the Internal Revenue Code; or the Veterans Administrative or
the Federal Housing Administration or the Department of Housing and Urban Development
or such other lender as is generally recognized in the community as an institutional lender;
or Declarant, its successors and assigns.
Section 21. "INTEREST" shall mean the maximum nonusurious interest rate allowed by
law on the subject debt or obligation, and if no such rate is designated by law, then eighteen
percent (18%) per annum.
Section 22. "LAKE LOT" shall mean a Lot which abuts one of the Lakes (as described in
Article II hereof), as shown on the Plat and the Additional Plat if the Additional Property is
added to this Declaration by a Supplemental Declaration.
Section 23. "LEGAL FEES" shall mean: (a) reasonable fees for attorney and paralegal
services incurred in connection with: (i) negotiation and preparation for litigation, \vhether
or not an action is actually begun, through and including all trial and appellate levels and
post judgment proceedings and (ii) collection of past due Assessments including, but not
limited to, preparation of notices and liens, and shall also include (b) court costs through and
including all trial and appellate levels and post judgment proceedings.
Section 24. "LOT" shall mean and refer to any lot of land as designated on the Plat upori
which a Home is permitted to be erected, together with the Improvements thereon, and any
portion of the Property that is declared to be a Lot by a Supplemental Declaration and is not
subsequently \vithdrawn from the provisions of this Declaration by a Supplemental
Declaration.
FTL. 86894 4
4
Section 25. "MEMBERS" shall mean and refer to all o(those Owoners who are members
of the Association, as provided herein.
Section 26. "NAUTICA SOUND" shall mean that planned unit development located in
Palm Beach County, Florida, and encompassing the Property and existing in Boynton Beach
pursuant to this Declaration.
Section 27. "NAUTICA SOUND DOCUMENTS" shall mean this Declaration, the
Articles, the Bylaws, and any Rules and Regulations adopted by the Association, as well as
any Supplemental Declaration(s).
Section 28. "NOTICE" and "HEARING" shall mean written notice and a public hearing
before a tribunal appointed by the Board, at which the Owner concerned shall have an
opportunity to be heard in person or by counsel, at Owner's expense, in the manner set forth
in the Bylaws.
Section 29. "OPERATING EXPENSES" shall mean the expenses for which Q\vners are
liable to the Association as described in this Declaration and any other Nautica Sound
Documents and include, but are not limited to, the costs and expenses incurred by the
Association in administering, operating, reconstructing, maintaining, financing, repairing,
replacing or improving the Association Property or any portion thereof and Improvements
thereon and all costs and expenses incurred by the Association in carrying out its powers and
duties hereunder or under any other Nautica Sound Documents, including, but not limited
to, the cost of any reserves and any other expenses designated to be Operating Expenses by
the Board.
Section 30. "O\VNER" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is part of the Property, and includes
Declarant for as long as Declarant o\vns fee simple title to a Lot, but excluding therefrom
those having such interest as security for the performance of an obligation.
Section 31. "PLAT" means a written instrument filed for record in the Public Records of
the County in the manner required by law ("which has not been superseded by a subsequent
"Plat") whereby a portion of the Property is described and is subdivided into lots, blocks,
parcels or tracts and all or a portion of the Property contained within the Plat be brought
within the jurisdiction of this Declaration and/or the Association. In the event a
Supplemental Declaration for the Additional Property is recorded amongst the public records
of the county, then the term "Plat" as used herein shall also mean the Additional Plat.
Section 32. "PROPERTY" shall mean and refer to that certain real property heretofore
described in Exhibit "A" and such additions thereto as may hereafter be brought within the
jurisdiction of this Declaration and/or the Association; provided, however, Declarant reserves
the right to withdraw from the provisions hereof such portion or portions of the Property as
Declarant from time to time elects, upon the execution by Declarant of a Supplemental
Declaration.
Section 33. "SERVIENT LOT" shall mean a Lot over which an easement is created by
Article IV of this Declaration in favor of a Dominant Lot (i.e., a Lot over which the Owner
FTL 86894 4
5
of an adjoining Lot has a right of access to certain portions of the Servient Lot). A Lot may
be both a Servient Lot and a Dominant Lot as to different easements created by Article IV,
but not as to the same easement.
Section 34. "SUPPLEMENT AL DECLARATION" shall mean any instrument executed
by Declarant (provided Declarant is the O\vner thereot), and recorded in the Public Records
of the County, for purposes of supplementing or amending this Declaration, declaring certain
properties to be or not to be Association Property, or of adding properties to or withdrawing
properties from the Property and the provisions of this Declaration. The Association shall
join in the execution of any Supplemental Declaration at the request of Declarant but such
joinder shall not be required to make any such Supplemental Declaration effective. The
Owners shall not be required to join in the execution of any Supplemental Declaration but
shall nevertheless be bound thereby.
ARTICLE II
DESCRIPTION OF NAUTICA SOUND
Section 1. NAUTICA SOUND. Nautica Sound is comprised of the Property,
encompassing Lots and Association Property, all as more particularly defined by this
Declaration and, in addition, lands which Declarant may add, but shall in no way be
obligated to add, by Supplemental Declaration(s). The Property initially declared hereunder
is described in Exhibit "A".
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SectlOn 2. GENERAL PLAN OF DEVELOPMENT. Declarant's general plan of
development ofNautica Sound contemplates two stages with the initial stage containing up
to one hundred eighty-one (181) residential Homes and the Association Property located
within the Property. However, Declarant has reserved the right to add land to NAUTICA
SOUND, including the Additional Property described in Exhibit "B" hereto, and, therefore,
the number of Lots within NAUTICA SOUND may increase. The second stage is intended
to contain two hundred forty-three (243) Homes and the Association Property located within
the Additional Property. Declarant's general plan of development further contemplates that
such residential Homes shall be whatever types of structures Declarant may choose which
are in conformance with this Declaration. Declarant's general plan of development of
Nautica Sound may also include whatever facilities and amenities Declarant considers in its
sole judgment to be appropriate to the community contemplated by the plan.
The second stage will become part of Nautica Sound if, and only if,
Declarant in its sole discretion adds the Additional Property to Nautica Sound by recording
a Supplemental Declaration to such effect. Declarant hereby reserves an easement for
ingress and egress and for utilities and drainage over the Property for the benefit of the
Additional Property, for so long as Declarant is the Owner thereof, which shall terminate if
the Additional Property is added to Nautica Sound by the recording of a Supplemental
Declaration since, in such event, the other easements set forth in this Declaration shall
control. '
Declarant expressly reserves the right as to the Property, to: (i)
commence construction and development when Declarant so desires; (ii) develop the
FTL 86894 4
6
Property upon such timetable as Declarant, in its sole discretion, chooses; and (iii) modify
the plan of development of the Property in such manner as it, in its sole discretion, chooses.
Section 3. ASSOCIATION PROPERTY. The Association Property shall consist of the
property indicated on the Plat and the Additional Plat as Association Property or as property
reserved for or dedicated to the Association. The Association Property shall be used for
recreational and social purposes as well as other proper purposes by the Association and the
O\'mers and their family members, guests, invitees and lessees in accordance with the
Nautica Sound Documents. Association Property may not be altered, modified, removed or
replaced by Owners or their family members, guests, invitees or lessees.
The portions of Nautica Sound described in this Section 3 shall
constitute the Association Property and shall be used solely in accordance with the covenants
impressed upon the Association Property as follows:
A. Recreation Tract. Nautica Sound will include a recreation area
("Recreation Tract") as shown on the Plat. The Recreation Tract shall include, but is not
limited to, a swimming pool, patio deck, two tennis courts, a basketball court, a playground
area, clubhouse, open space and parking. The Recreation Tract shall be part of the
Association Propeny and shall be used for recreational purposes by the Association, and the
Owners and their family members, guests, invitees and lessees. Such portion, if any, of the
Recreation Tract upon \vhich Declarant has constructed, or hereinafter constructs
Improvements shall be kept and maintained for use in a manner consistent with the nature
of such Improvements located or to be located thereon. All of the Recreation Tract
including, but not limited to, the swimming pool, shall always be kept and maintained by the
Association for recreational uses or beautification and attendant uses (e. g., parking spaces
within the Recreation Tract shall be used for proper purposes by those using the recreational
facilities while using such facilities), and shall be used for such purposes and not for
residential, commercial or industrial construction of any kind. The Recreation Tract shall
be maintained, administered and ultimately owned by the Association.
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Declarant reserves the right, but shall not be obligated, to
construct additional recreational facilities upon the Recreation Tract or to change the
facilities planned for the Recreation Tract. The decision as to whether to construct additional
recreational facilities, or to change the planned facilities, and the erection thereof shall be in
the sole discretion of Declarant.
B. Lakes. The "Lakes" are those portions of the Property designated
as such on the Plat and shall always be kept and maintained as lakes for water retention,
drainage, irrigation and water management purposes in compliance with all applicable
governmental and water management district requirements. The Lakes shall be a part of the
Association Property and shall be maintained, administered and ultimately owned by the
Association. In furtherance of the foregoing, Declarant hereby reserves and grants an
easement in favor of the Association throughout all portions ofNautica Sound necessary for
the purpose of accessing, maintaining and administering the Lakes, and no Owner shall do
any act which may interfere with the performance by the Association of its obligations
hereunder.
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FTL 86894 4
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DECLARANT AND THE ASSOCIATION SHALL NOT BE OBLIGATED
TO PROVIDE SUPERVISORY PERSONNEL FOR THE RECREATION
AREA AND THE LAKES, INCLUDING, BUT NOT LIMITED TO,
LIFEGUARDS. ANY INDIVIDUAL USING THE RECREATION AREA
AND THE LAKES SHALL DO SO AT HIS OWN RISK AND HEREBY
HOLDS DECLARANT AND THE ASSOCIATION HARt\1LESS FROM
AND AGAINST ANY CLAIM OR LOSS ARISING FROM SUCH USE.
C. Streets, Drives, Roads and/or Road\vays. The "Streets,"
"Drives," "Roads" and/or "Road\vays" are those portions of the Property designated as such
on the Plat and which are reserved for or dedicated to the Association but specifically
excluding any street or roadway dedicated to the public on the Plat or the Additional Plat.
The Streets, Drives, Roads and/or Roadways shall be used as private roads by Declarant, the
Association and the Owners, their family members, guests, lessees and invitees in accordance
with the provisions of this Declaration. The Streets, Drives, Roads and/or Road\\"ay~ shall
be maintained, administered and ultimately owned by the Association. I -1(V'<" 'f)~//
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D. Landscaped Areas or Grassed Areas. The "Landscaped Areas"
and "Grassed Areas" are those portions of the Property designated as such on the Plat and
are to be used, kept and maintained as such by Declarant, the Association and the Owners,
their family members, guests, lessees and invitees in accordance with the provisions of this
Declaration. The Landscaped Areas and Grassed Areas shall not include those portions of
an Owner's Lot which the Owner is required to maintain pursuant to this Declaration. The
Landscaped Areas and Grassed Areas shall be ultimately owned by the Association and shall
be administered and maintained by the Association.
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E. Street Lights. "Street Lights", if any, that may be placed within
the Association Property shall be maintained by the Association. Nothing in this Declaration
shall be construed to require Declarant to install Street Lights within Nautica Sound.
F. Entranceways. Those portions ofNautica Sound designated as
signage easements on the Plat shall be owned and maintained by the Association.
G. Right to Add Additional Improvements. Such portions of the
Association Property upon which Declarant has constructed, or hereafter constructs,
Improvements shall be kept and maintained for use in a manner consistent with the nature
of such Improvements located, or to be located thereon. Declarant reserves the right, but
shall not be obligated, to construct additional facilities upon the Association Property. The
decision as to whether to construct additional facilities and the erection thereof shall be in
the sole discretion of Declarant.
Section 4. LAKE LOTS. Notwithstanding anything contained herein to the contrary, and
subject to the rights and obligations of the Association to maintain the Lakes as aforesaid for
water retention, drainage, irrigation and water management purposes for all ofNautica Sound
and the right of the Association to adopt rules from time to time with respect to the use of the
Lakes for such purposes, the Lakes shall be reserved for the private use and enjoyment of the
Owners of Lake Lots ("Lake Lot Owner(s)"), their family members, guests, invitees and
FTL:868944
8
lessees, but only in accordance with this Declaration. Lake Lot Owners have aright to draw
water from the Lakes for irrigation purposes only, provided, however, any irrigation intake
valve is submerged and not visible. Fishing and non-motorized boating by Lake Lot Owners
is permitted, but swimming is prohibited. A Lake Lot Owner may (i) use that portion of the
Grassed Area surrounding the Lake that adjoins or abuts his Lot and (ii) access the Lake from
only that portion of the Grassed Area adjoining or abutting his Lot, and may not enter any
other Lake Lot or any other portion of the Grassed Area surrounding the Lake (without
permission from the Lake Lot Owner who has the use right thereto). No persons other than
Lake Lot Owners may use the Lakes or enter the Grassed Areas surrounding the Lakes
without permission from the Lake Lot Owner who has the use right thereto. The "Lake
Maintenance Access Easement" shown on the Plat is not for the use of Owners, but is strictly
for the use of the Association, the applicable water management district and any other
governmental agency for access to the Lakes for maintenance of the Lakes and other proper
purposes. Planting, fencing or other Improvements or additions in or to said Grassed Areas
by any Owner, including a Lake Lot Owner, or any other person is strictly prohibited.
Section 5. COSTS. All costs associated with operating, maintaining, repairing and
replacing the Association Property shall be the obligation of the Association. The
Association Property shall be conveyed to the Association in accordance with the provisions
of Section IlL5 hereof.
Section 6. PRIV ATE USE. For the term of this Declaration, the Association Property is
not for the use and enjoyment of the public, but is expressly reserved for the private use and
enjoyment of Declarant, the Association, and the Owners, their family members, guests,
invitees and lessees, but only in accordance with this Declaration.
A. Notwithstanding anything in this Declaration to the contrary,
however, Declarant hereby expressly reserves the right to use the Association Property in
connection with the sale and marketing by Declarant of Homes in Nautica Sound and other
communities developed by Declarant or its affiliates, including, but not limited to, the
holding of sales and marketing meetings, engaging in sales promotions and related sales and
marketing activities.
B. The Association Property (except for the Lakes as set forth
herein) shall be for the sole and exclusive use of the Owners and residents ofNautica Sound
and their family members, guests, invitees and lessees.
C. The administration, management, operation and maintenance of
the Association Property shall be the responsibility of the Association, all as is provided
herein and in the Nautica Sound Documents.
D. The right to use the Association Property shall be subject to the
rules and regulations established by the Association.
Section 7. MODEL ROW. Declarant hereby reserves the right to construct a "model
row(s)" in Nautica Sound. The "model row(s)" may contain models for Nautica Sound or
another community, as Declarant and/or any of Declarant's affiliates may so determine, in
their sole discretion. The "model row(s)" may also contain parking and fencing across
FTL868944
9
Streets, Drives, Roads and/or Roadways as Declarant may determine in its sole discretion.
In the event that Declarant and/or any of Declarant's affiliates constructs a "model row(s)"
in Nautica Sound, such "model row(s)" may be used for such period of time that Declarant
and/or any of Declarant's affiliates determines to be necessary. By his acceptance of a deed
for a Lot in Nautica Sound, each Owner agrees and acknowledges that Declarant and/or any
of Declarant's affiliates have a right to construct a "model rO\\I(s)" and that Declarant and/or
anv of its affiliates have an easement over Nautica Sound for ingress and egress to and from
the "model rO\v(s)" and to use and shO\v the models to prosp;ctive purchasers in Nautica
Sound or another community being developed by Declarant and/or any of Declarant's
affiliates, as long as such "model row(s)" exists.
ARTICLE III
ADDITIONS TO AND \VITHDRA W ALS FROM THE PROPERTY
Section 1. ADDITIONS. Declarant may from time to time, in its sole discretion, by
recording appropriate Supplemental Declaration(s) in the Public Records of the County, add
the Additional Property or any other real property to the Property governed by this
Declaration, and may declare all or part of such Additional Property or other property
(including any Improvements thereon) to be Lots or Association Property. Upon the
recording of a Supplemental Declaration, the property described therein shall be deemed part
of the Property as if it were originally included therein and subject to this Declaration. Any
such Supplemental Declaration may submit the Additional Property or any other real
property to such modifications of the covenants and restrictions contained in this Declaration
as may be necessary or convenient to reflect or adapt to any changes in circumstances or
differences in the character of the Additional Property or other property. Nothing contained
in this Section shall be construed to require the joinder by or entitle a right to consent by
Owners of Lots upon the Property or the Association to any such Supplemental Declaration;
provided, however, the Association shall join in the execution of any such Supplemental
Declaration at the request of Declarant.
Such Additional Property may include, but is not limited to, all or a portion of
the real property described on Exhibit B hereto.
Section 2. DESIGNATION OF ADDITIONAL ASSOCIATION PROPERTY. The
Declarant may, from time to time, by recording Supplemental Declarations in the County,
designate additional portions of the then existing Property owned by it to be Association
Property.
Section 3. DISCLAIMER OF IMPLICATION. Only the real property described in
Exhibit "A" hereto is submitted and declared as the Property subject to this Declaration.
Unless and until a Supplemental Declaration is recorded in the fashion required pursuant to
this Declaration, no other propertY (including the Additional Property) shall in any "Ya~ be
deemed to constitute a portion ofthe Property or be affected by the covenants and restrIctiOns
expressly binding the Property as provided by the terms of this Declaration.
. FTL: 86894 4
10
Section 4. ABSENCE OF OBLIGATION. Nothing in this Declaration shall be construed
to require the Declarant to add the Additional Property to the Property encumbered by this
Declaration or to require it to declare any portion of any properties added to the Property to
be Association Property, nor shall anything in this Declaration be construed to require the
Declarant to declare any portion or portions of the existing Property as Association Property.
Section 5. \VITHDRA W AL. Notwithstanding any1hing herein to the contrary, Declarant
reserves the absolute right at any time to withdraw portions of the Property from the
provisions of this Declaration by recording an appropriate Supplemental Declaration in the
County; provided, hO\vever, that, to be effective, any such Supplemental Declaration must
be executed by the Declarant, the Owner of each Lot located on the Property sought to be
withdrawn (if any), and each holder of an Institutional Mortgage on a Lot located on the
Property sought to be withdrawn (if any). Nothing contained in this Section shall be
construed to require the joinder or consent by Owners of Lots upon the portion of the
Property which is not withdrawn by such Supplemental Declaration, such Owners'
Institutional Mortgagees, or the Association.
Section 6. TITLE TO THE ASSOCIATION PROPERTY. The Association Property is
hereby dedicated to the joint and several use in common of the Owners of all Lots that may,
from time to time, constitute part of the Property. When title to all Lots which are subject
to the provisions hereof has been conveyed to non-Declarant purchasers, or five (5) years
after the conveyance of the first Home and Lot to a non-Declarant purchaser, whichever
occurs first, or earlier at Declarant's option exercisable from time to time, as to any portions
of the Association Property, the Declarant or its successors and assigns shall convey and
transfer to the Association, by quit claim deed, the fee simple title to the Association
Property free and clear of any liens and the Association shall accept such conveyance holding
title for the Owners as aforestated. Such conveyance shall be subject to any real estate taxes
and assessments for the year in which the Association Property is transferred; any covenants,
conditions, restrictions, reservations, limitations, then of record; the easements herein set out;
and any zoning ordinances then applicable, and this Declaration, as amended from time to
time.
The Association shall accept this conveyance of the Association
Property and shall pay all costs of such conveyance including documentary stamps and other
taxes of conveyance, recording charges, title insurance expenses and insurance fees. The
conveyance shall not, however, impair in any way the Declarant's rights and easements as
set forth in this Declaration.
Commencing upon the date this Declaration is recorded, the Association
shall be responsible for the maintenance of the Association Property in a continuous and
satisfactory manner without cost to the general taxpayers of the County. The Association
shall be responsible for the payment of real estate taxes, if any, against the Association
Property including taxes on any Improvements and any personal property thereon accruing
from and after the date this Declaration is recorded. '
The Owners of Lots (including Declarant as to Lots owned by it) shall
have no personal liability for any damages for which the Association is legally liable or
FTL868944
11
arising out of or connected with the existence or use of any Association Property or any other
property required to be maintained by the Association.
Subject to the foregoing, the Declarant may mortgage any or all portions
of the Association Property to finance construction and development expenses provided that
the mortgagee recognizes the rights of Owners under this Declaration and neither the
Association nor any Owner is personally liable for paying the mortgage. In such event,
neither the Association nor the O\vners of Lots upon the Property shall be required to join
in or be entitled to consent to such mortgage. The Association Property shall be released
from any such mortgage no later than the date same is conveyed to the Association.
Section 7. PARKING RIGHTS. The Association may maintain upon the Association
Property parking spaces for Owners, occupants, visitors and guests. The use of such parking
spaces by Owners, occupants, visitors and guests shall be subject to duly adopted rules and
regulations of the Association.
ARTICLE IV
OWNER'S PROPERTY RIGHTS
Section 1. O\V~T"fR'S EASEMENTS OF ENJOYMENT. Every Owner, family member,
guest, lessee, agent or invitee of an Owner shall have a permanent and perpetual,
nonexclusive easement for ingress and egress over, enjoyment in, and use of Association
Property, which easement shall be appurtenant to, and shall pass with, title to the respective
Lot, in common with all other Owners, their family members, guests, lessees, agents and
invitees. This right shall be subject to the following conditions and limitations:
A. The right and duty of the Association to reasonably limit the
number of guests, invitees or lessees of an Owner using the Association Property.
B. The right and duty of the Association to kvy Assessments against
each Lot for the purpose of maintaining, repairing and replacing the Association Property
and facilities thereon in compliance with the provisions of this Declaration and the
restrictions on portions of the Property from time to time recorded by the Declarant.
C. The right of the Association to establish uniform rules and
regulations pertaining to the use of the Association Property.
D. The right of the Association to establish uniform rules and
regulations pertaining to the Lots for the purposes of enhancing the aesthetic uniformity of
the Property.
E. The right of the Association in accordance with its Articles,
Bylaws, and this Declaration, with the vote or written assent of two-thirds (2/3) of the total
voting interests, to borrow money for the purpose of improving the Association Property and
facilities thereon, and, in aid thereof, to mortgage, pledge, or hypothecate any or all of its real
or personal property as security for money borrowed or debts incurred, provided that the
rights of such mortgagee shall be subordinated to the use rights of the Owners.
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F. The right of the Association to dedicate, release, alienate, or
transfer all or any part of the Association Property to any public agency, authority, or utility
for such purposes and subject to such conditions as may be agreed to by the Owners. No
such dedication, release, alienation, or transfer shall be effective, unless Members entitled
to cast two-thirds (2/3) of the total voting interests agree to such dedication, release,
alienation or transfer.
G. The right of the Association to grant easements, rights-of-way
or strips of land, where necessary, for utilities, se\ver facilities, cable T.V., and other services
over the Association Property to serve the Association Property and other portions of the
Property without vote of the Owners.
H. The right of the Declarant and Declarant's officers, directors,
partners, employees, agents, licensees, and invitees to the nonexclusive use of the
Association Property and the facilities thereon, without charge, for sales, display, access,
ingress, egress, construction, and exhibit purposes.
1. The right of the Association, by action of the Board, to
reconstruct, replace, or refinish any Improvement or portion thereof upon the Association
Property, in accordance with the original design, finish, or standard of construction of such
Improvements, or of the general Improvements within the Association Property, as the case
may be.
J. The right of the Association to replace destroyed trees or other
vegetation and plant trees, shrubs, and ground cover upon any portion of the Association
Property.
K. The right, however not the duty, of the Association, by action of
the Board to seek the vacation of publicly dedicated streets, if any, upon the Property.
L. The easements provided elsewhere in this Declaration, including,
but not limited to, this Article IV.
M. The rights of the Association to provide for the maintenance,
preservation and architectural control of Lots and other properties as set forth in this
Declaration.
Section 2. DELEGATION OF USE. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Association Property to the members of his family, or
to the lessees who reside in his Home, subject to all of the rules apd regulations presently in
effect and any which may become effective in the future, and further subject to reasonable
regulation by the Board.
Section 3. RECOGNITION OF EXISTING EASEMENTS. Each Owner, by acceptance
of a deed or other instrument of conveyance, recognizes and consents to the easements
reserved and/or granted with respect to the Property under this Declaration.
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Section 4. EASEMENTS FOR VEHICULAR TRAFFIC. In addition to the general
easements for use of the Association Property reserved herein, there shall be, and Declarant
hereby reserves, grants, and covenants for itself and all future Owners, its family members,
guests, invitees, lessees, and Institutional Mortgagees of the Property (or portions thereof),
and to the Association, that all of the foregoing shall have a perpetual nonexclusive easement
appurtenant for vehicular traffic over (i) all streets dedicated to the public use, if any, (as well
as alcoves, cuI de sacs, and other private, paved areas abutting or serving the same)
and (ii) any private Streets, Drives, Roads and/or Roadways within or upon the Property.
Section 5. ACCESS EASEMENT. Declarant hereby reserves perpetual, nonexclusive
easements of ingress and egress over and across (i) any and all streets dedicated to the public
use, ifany, (as \vell as alcoves, cuI de sacs, and other private, paved areas abutting or serving
the same) and (ii) any private Streets, Drives, Roads and/or Roadways and driveways within
or upon the Property and all other portions of the Property which are necessary or convenient
for enabling Declarant to carry on the work referred to in this Declaration, which easements
shall be for the use of the Declarant, Declarant's employees or agents, Declarant's successors
and assigns, Owners, and the respective lessees, employees, agents, invitees, and licensees
of Declarant and Owners.
Section 6. GRANT AND RESERVATION OF EASErvIENTS. Declarant hereby reserves
and grants the following perpetual, nonexclusive easements over and across the Property as
covenants running with the Property for the benefit of the Owners, the Association, and
Declarant as hereinafter specified for the following purposes:
(A) Utilitv and Services Easements.
An easement or easements to provide for: (a) installation, service, repair
and maintenance of the equipment required to provide utility services to the Association
Property and the Lots including (but not limited to) power, electric transmission, light,
telephone, cable T.V., gas, water, sewer and drainage, and (b) governmental services,
including (but not limited to), police, fire, health, sanitation and other public service
personnel, including reasonable rights of access for persons and equipment necessary for
such purpose for the benefit of the appropriate utility companies, agencies, franchises or
governmental agencies.
(B) Easement for Encroachment.
An easement for encroachment in favor of an Owner in the event any
portion of his Home or appurtenant Improvements such as a fence now or hereafter
encroaches upon any of the Lots as a result of minor inaccuracies in survey, construction or
due to settlement or movement. Such encroaching Improvements installed by Declarant shall
remain undisturbed for so long as the encroachment exists. Any easement for encroachme~t
shall include an easement for the maintenance and use of the encroaching Improvements m
favor of the Owner thereof or his designees. .
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(C) Maintenance Easements.
(1) Preamble: The Homes in Nautica Sound have been designed and
site planned as "zero lot line" homes. such that each Home is constructed so th....at all or
portions of one side or both sides of the Home (and fences or masonry walls extending from
such side or sides) are situated on the side boundary lines of the Lot. Because of this design,
it is necessary to provide a means by \vhich the O\vner of a Lot ("Dominant Lot") may have
access to the "zero lot line" sides of the Home (and other portions of his Lot and Home) in
order to maintain portions of the Lot, the side of the Home, the roof and other applicable
portions of the Home and Lot, and so that rain water may run off the roof of a particular
Home onto the easement area described belo\\!. Because such access must be, of necessity,
over those portions of the neighboring Lot or Lots ("Servient Lot(s)") adjacent to the "zero
lot line" side(s) of the Home, Declarant hereby makes provision for the "Maintenance
Easements" declared and regulated pursuant to this Section 6 (as \vell as similar easements
for the aforesaid purposes which may, but need not, appear on the Plat or Additional Plat).
(2) Creation and Extent of Maintenance Easement: Declarant hereby
reserves a permanent and perpetual non-exclusive maintenance easement in favor of each
Dominant Lot over the unimproved portion of the Servient Lot(s) adjacent to the building
lines of the Home located on the Dominant Lot, which building lines are co-extensive with
the Lot lines dividing the aforesaid Lots ("Maintenance Easement"). Said Maintenance
Easement shall be appurtenant to and pass with the title of the Dominant Lot and the Servient
Lot(s). The Maintenance Easement shall be only as extensive as reasonably necessary to
permit the Owner of a Dominant Lot to make the uses described in the Preamble above,
subparagraph (3) below and for rainwater run-off but in no event, less than the greater of
seven (7) feet in \vidth or as may be otherwise shown as an access or similar easement on the
Plat or Additional Plat.
(3) Use and Conditions of Maintenance Easement: The Owner of
a Dominant Lot, his guests, invitees, contractors, subcontractors, suppliers, laborers and other
service personnel, shall be entitled to enter onto the appurtenant Maintenance Easement for
purposes of maintaining, repairing and replacing portions of his Lot and Home including,
without limitation, the Home's walls, rooC fence, landscaping and other installations which
cannot be conveniently or properly maintained, repaired or replaced solely from the
Dominant Lot. The right of each Owner of the Dominant Lot to use the Maintenance
Easement shall be limited to the aforesaid uses and such Owner shall not do anything within
the Servient Lot(s) \vhich shall cause damage to the Servient Lot(s) or any Improvement or
landscaping thereon which is not promptly and fully remedied by said Owner to return such
damaged Improvement or landscaping to the condition immediately preceding said damage,
create an undue hazard to persons or pets located on or coming into the Servient Lot(s) or is
in furtherance of any activity as to the Dominant Lot or the Home thereon which is, or would
result in, a violation of the restrictions set forth in the Nautica Sound Documents. The
Owner 0 f the Dominant Lot shall, by virtue of making use of any Maintenance Easement,
be deemed to indemnify the Owner of a Servient Lot for any and all losses, costs, expense
or damage to any person or property incurred by reason of the former's violations of the
restrictions contained herein.
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(4) Servient Lot Owner Duties: Owners of Servient Lots shall not
make any improvement to the Servient Lot, including, without limitation, the placement of
fences or landscaping, w"hich would unreasonably interfere with the permissible uses of any
maintenance or access easement appurtenant to the adjoining Dominant Lot reserved hereby.
(5) Reciprocity: Each Ow"ner, by acceptance of a deed for a Lot,
hereby acknowledges and agrees that such Owner's Lot may not only be a Dominant Lot
having rights across adjacent Servient Lots as hereinbefore described but also a Servient Lot
encumbered by the easement rights hereinbefore described in favor of the Dominant Lots
adjacent to such Lot.
(D) Easement to Enter Upon Lots.
An easement or easements for ingress and egress in favor of the
Association~ including the Board or the designee of the Board, to enter upon the Lots for the
purposes of fulfilling its duties and responsibilities of ownership, maintenance and/or repair
in accordance with the Nautica Sound Documents, including, by way of example, the making
of such repairs, maintenance or reconstruction as are necessary for the Association Property
and to maintain any Lot, including the Buffer thereon, if any, in the event the Owner thereof
fails to do so.
(E) Easement Over Association PropertY.
An easement of enjoyment in favor of all Owners, their family
members, guests, invitees and lessees in and to the Association Property which shall be
appurtenant to and shall pass with title to every Lot in the Property, subject to the following:
(1) the right of the Association to suspend the voting rights of any
Owner and rights to use the Association Property of any O\vner for any period during which
assessments against his Lot(s) remain unpaid;
(2) the right of the Association to grant permits, licenses and
easements over the Association Property for utilities and other purposes reasonably necessary
or useful for the proper maintenance or operating of the Property; and
(3) all provisions set forth in the Nautica Sound Documents.
(F) Easement for Roof Overhang.
An easement or easements to provide for the roof overhang in favor of
an Owner including rights of access for persons or equipment necessary to maintain, repair
and replace such roof overhang.
(0) Drainage and Irrigation Easement.
An easement for drainage, flowage and irrigation over, under and upon
the Property, including each of the Lots, in favor of the Association and each of the Owners,
including, but not limited to, reasonable rights of access for persons and equipment to
FTL:868944
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construct, install, maintain, alter, inspect, remove, relocate and repair the \vater drainage
system. flowage pipes and irrigation pipes.
Section 7. ASSIGNMENTS. The easements reserved hereunder may be assigned by
Declarant or the Association in whole or in part to any city, County or state government or
agency thereof, or any duly licensed or franchised public utility, or any other designee of
Declarant. The Owners hereby authorize Declarant and/or the Association to execute, on
their behalf and \vithout further authorization, such grants of easement or other instruments
as may from time to time be necessary to grant easements over and upon the Property or
portions thereof in accordance with the provisions of this Declaration.
Notwithstanding anything in this Declaration to the contrary, all
easement rights reserved or granted to Declarant shall terminate upon Declarant no longer
holding title to any Lot or Home on the Property for sale in the ordinary course of business
or holding a leasehold interest to any Lot or holding a mortgage on a Lot or Home on the
Property. In addition, the easement rights granted or reserved by Declarant hereunder are not
to be construed as creating an affirmative obligation to act on the part of Declarant.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION:
BOARD: DURATION OF THE ASSOCIATION
Section 1. MEMBERSHIP AND VOTING RIGHTS. Membership in the Association
shall be established and terminated as set forth in the Articles. Each Member shall be
entitled to the benefit of, and be subject to, the provisions of the Nautica Sound Documents.
The voting rights of the Members shall be as set forth in the Articles.
Section 2. BOARD. The Association shall be governed by the Board which shall be
appointed, designated or elected, as the case may be, as set forth in the Articles.
Section 3. DURATION OF ASSOCIATION. The duration of the Association shall be
perpetual, as set forth in the Articles.
ARTICLE VI
COVENANT TO PAY ASSESSMENTS: ESTABLISHNlENT OF LIENS:
COLLECTION OF ASSESSMENTS: COLLECTION BY DECLARANT:
CERT AIN RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES
Section 1. AFFIRMATIVE COVENANT TO PAY ASSESSMENTS. In order to: (i)
fulfill the terms, provisions, covenants and conditions contained in the Nautica Sound
Documents; and (ii) maintain, operate and preserve the Association Property for the use,
safety, welfare and benefit of the Members and their family members, guests, invitees and
lessees, there is hereby imposed upon each Contributing Lot and Contributing Lot Owner the
affirmative covenant and obligation to pay to the Association (in the manner herein set forth)
all Assessments, including, but not limited to, the Individual Lot Assessments and Special
Assessments. Each Owner other than Declarant by acceptance of a deed or other instrument
of conveyance conveying a Lot \vithin the Property, whether or not it shall be so expressed
FTL.86894 4
17
in such deed or instrument, shall be obligated and agrees to pay to the Association all
Assessments in accordance with the provisions of the Nautica Sound Documents.
The following expenses of the Association are hereby declared to be
Operating Expenses which the Association is obligated to assess and collect, and v;hich the
Contributing Lot Owners are obligated to pay as provided herein or as may be otherwise
provided in the Nautica Sound Documents:
(1) any and all taxes and tax liens \vhich may be assessed or levied at any and
all times against the Association Property or against any and all personal property
Improvements thereon; (2) all charges levied for utilities providing services for the
Association Property such as water, gas, electricity, telephone, cable television, sanitation,
sewer and any type of utility or any other type of service charge which is not separately
billed to an Owner; (3) the premiums on policies of insurance including, but not limited to,
liability and casualty insurance for the Association Property; (4) any sums necessary,
including reserves, for the maintenance, repair and replacement of the Association Property
and all Improvements located thereon; (5) administrative and operational expenses; and (6)
any and all expenses deemed to be Operating Expenses by the Association.
The Operating Expenses \vith respect to the Association Property are payable by each
Contributing Lot Owner to the Association notwithstanding the fact that Declarant may not
have as yet conveyed title to the Association Property to the Association.
Section 2. EST ABLISHNfENT OF LIENS. Any and all Assessments made by the
Association in accordance with the provisions of the Nautica Sound Documents with Interest
thereon and costs of collection, including, but not limited to, Legal Fees, are hereby declared
to be a charge and continuing lien upon each Contributing Lot against which each such
Assessment is made. Each Assessment against a Contributing Lot, together with Interest
thereon and costs of collection, including, but not limited to, Legal Fees, shall be the personal
obligation of the Contributing Lot Owner of such Contributing Lot. Said lien shall be
effective only from and after the time of the recordation amongst the Public Records of the
County of a written, acknowledged statement by the Association setting forth the amount due
to the Association as of the date the statement is signed. Upon full payment of all sums
secured by that lien, the party making payment shall be entitled to a satisfaction of the
statement of lien in recordable form. Notwithstanding anything to the contrary herein
contained, where an Institutional Mortgagee of record obtains title to a Contributing Lot as
a result of foreclosure of its first mortgage or deed in lieu of foreclosure, such acquiror of
title, its successors or assigns, shall not be liable for the share of Assessments pertaining to
such Contributing Lot or chargeable to the former Contributing Lot Owner thereof which
became due prior to the acquisition of title as a result of the foreclosure or deed in lieu
thereof, unless the Assessment against the Contributing Lot in question is secured by a claim
oflien for Assessments that is recorded prior to the recordation of the mortgage \vhich was
foreclosed or with respect to which a deed in lieu of foreclosure \vas given.
Section 3. COLLECTION OF ASSESSMENTS. In the event any Contributing Lot
Owner shall fail to pay any Assessment, or installment thereof, charged to such Contributing
Lot Owner within fifteen (15) days after the same becomes due, then the Association,
through its Board, shall have any and all of the following remedies to the extent permitted
FTL. 8689~ ~
18
by law, \vhich remedies are cumulative and which remedies are not in lieu of, but are in
addition to, all other remedies available to the Association:
1. To accelerate the entire amount of any Assessments for the remainder
of the calendar year notwithstanding any provisions for the payment thereof in installments.
2. To advance on behalfofthe Contributing Lot Ovmer(s) in default funds
to accomplish the needs of the Association up to and including the full amount for which
such Contributing Lot Owner(s) is liable to the Association and the amount or amounts of
monies so advanced, together with Interest and all costs of collection thereof, including, but
not limited to, Legal Fees, may thereupon be collected by the Association from the
Contributing Lot Ovmer(s) and such advance by the Association shall not waive the default.
3 . To file an action in equity to foreclose its lien at any time after the
effective date thereof as provided in Section 2 hereinabove. The lien may be foreclosed by
an action in the name of the Association in like manner as a foreclosure of a mortgage on real
property.
4. To file an action at law to collect said Assessment plus Interest and all
costs of collection thereof, including, but not limited to, Legal Fees, without waiving any lien
rights or rights of foreclosure in the Association.
5. To charge Interest on such Assessment from the date it becomes due,
as well as a late charge of TWENTY-FIVE DOLLARS ($25) by the Association to defray
additional collection costs.
Section 4. COLLECTION BY DECLARANT. In the event for any reason the
Association shall fail to collect the Assessments, Declarant shall at all times have the right
(but not the obligation): (i) to advance such sums as the Association could have advanced
as set forth above; and (ii) to collect such Assessments and, if applicable, any such sums
advanced by Declarant, together with Interest and costs of collection, including, but not
limited to Legal Fees; using the remedies available to the Association against a Contributing
Lot Owner as set forth in Section 3 above, which remedies are hereby declared to be
available to Declarant.
Section 5. RIGHTS OF DECLARANT AND INSTITUTIONAL MORTGAGEES TO
PAY ASSESSl'vlENTS AND RECEIVE REI MBURSEl'v1ENT. Declarant and any
Institutional Mortgagee(s) shall have the right, but not the obligation, jointly or singularly,
and at their sole option, to pay any of the Assessments which are in default and which may
or have become a charge against any Contributing Lot(s). Further, Declarant and any
Institutional Mortgagees shall have the right, but not the obligation, jointly or singularly, and,
at their sole option, to pay insurance premiums or fidelity bond premiums or other required
items of Operating Expenses on behalf of the Association where the same are overdue and
where lapses in policies or services may occur. Declarant and any Institutional Mortgagees
paying overdue Operating Expenses on behalf of the Association will be entitled to
immediate reimbursement from the Association plus Interest and any costs of collection
including, but not limited to, Legal Fees, and the Association shall execute an instrument in
recordable fonn to this effect and deliver the original of such instrument to each Institutional
FTL 86894 4
19
Mortgagee \vho is so entitled to reimbursement and to Declarant if Declarant is entitled to
reimbursement.
ARTICLE VII
METHOD OF DETERMINING ASSESSMENTS AND ALLOCATION OF
ASSESSMENTS
Section I. DETERL\IlINING AMOUNT OF ASSESSMENTS. The total anticipated
Operating Expenses for each calendar year shall be set forth in the budget ("Budget")
prepared by the Board as required under the Nautica Sound Documents. The total
anticipated Operating Expenses (other than those Operating Expenses which are properly the
subject of a Special Assessment) shall be apportioned equally among the Contributing Lots
by dividing the total anticipated Operating Expenses as reflected by the Budget, other than
those Operating Expenses which are properly the subject of a Special Assessment (adjusted
as hereinafter set forth), by the total number of Contributing Lots which have been conveyed
by Declarant (as evidenced by the issuance of a certificate of occupancy and the recordation
of a deed of conveyance), with the quotient thus arrived at being the "Individual Lot
Assessment." Notwithstanding anything in the Nautica Sound Documents to the contrary,
any assessment for legal expenses incurred by the Association to begin legal proceedings
against Declarant shall be deemed an Operating Expense \vhich is properly the subject of a
Special Assessment and not the subject of a regular Individual Lot Assessment.
Section 2. ASSESSMENT PAYMENTS. The Individual Lot Assessments shall be
payable quarterly, in advance, on the first day of January, April, July and October of each
year, provided, hO\vever, at the Association's option, Individual Lot Assessments may be
payable monthly. The Individual Lot Assessments, and the quarterly installments thereof,
as well as all Assessments provided for herein and all installments thereof may be adjusted
from time to time by the Board to reflect changes in the number and status of Contributing
Lots (thus apportioning all such Assessments and installments thereof among all
Contributing Lots in existence at the time such installment is due) or changes in the Budget
or in the event that the Board determines that the Assessments or any installment thereof is
either less than or more than the amount actually required. When a Contributing Lot not in
existence \vhen the Assessment was determined ("New Improved Lot") comes into existence
during a period with respect to which an Assessment or installment thereof has already been
assessed, the New Improved Lot shall be deemed assessed the amount of such Assessment
or installment thereof which was assessed against Improved Lots in existence at the time of
such Assessment, prorated from the date the New Improved Lot comes into existence
through the end of the period in question. If the payment of such Assessment or installment
thereof was due at the time the New Improved Lot came into existence or prior thereto, said
prorated amount thereof shall be immediately due and payable.
Section 3. SPECIAL ASSESSMENTS. "Special Assessments" include, in addition to
other Assessments designated as Special Assessments in the Nautica Sound Documents and
whether or not for a cost or expense which is included within the definition of "Operating
Expenses," those Assessments which are levied for capital improvements which include the
costs (whether in whole or in part) of constructing or acquiring Improvements for, or on, the
Association Property or the cost (whether in whole or in part) of reconstructing or replacing
such Improvements. Notwithstanding anything to the contrary herein contained, it is
FTL. 86894 4
20
recognized and declared that Special Assessments shall be in addition to, and are not part of,
any "Individual Lot Assessment". Any such Special Assessments assessed against
Contributing Lots and Contributing Lot Owners thereof shall be paid by such Contributing
Lot Owners in addition to any other assessments. Special Assessments shall be assessed in
the same manner as the Individual Lot Assessment. Special Assessments shall be paid in
such installments or in a lump sum as the Board shall, from time to time, determine.
Notwithstanding the foregoing, the levying of any Special Assessment after the "Turnover
Date" (as defined in the Articles) shall require the affirmative assent of at least two-thirds
(2/3) of all Contributing Lot O\vners represented in person or by proxy at a meeting called
and held in accordance with the Bylaws. Prior to the Turnover Date, a Declarant controlled
Board may make a Special Assessment without the consent of the Contributing Lot Owners.
Section 4. LIABILITY OF CONTRIBUTING OWNERS FOR INDIVIDUAL
ASSESSMENTS. By the acceptance of a deed or other instrument of conveyance of a Lot
in the Property, each Owner thereof acknowledges that each Contributing Lot and the
Contributing Lot Owners thereof are jointly and severally liable for their o\vn Individual Lot
Assessment and their applicable portion of any Special Assessments as \vell as for any and
all other Assessments for which they are liable as provided for herein. Such Contributing Lot
Owners further recognize and covenant that they are jointly and severally liable with the
Contributing Lot Owners of all Contributing Lots for the Operating Expenses (subject to any
specific limitations provided for herein such as, but not limited to, the limitation with respect
to matters of Special Assessments and the limitations on the liability of Institutional
Mortgagees and their successors and assigns). Accordingly, subject to such specific
limitations, it is recognized and agreed by each Owner who is or becomes a Contributing Lot
Owner, for himself and his heirs, executors, successors and assigns, that in the event
Contributing Lot Ovmers fail or refuse to pay their Individual Lot Assessment or any portion
thereof or their respective portions of any Special Assessments or any other Assessments,
then the other Contributing Lot Owners may be responsible for increased Individual Lot
Assessments or Special Assessment or other Assessments due to the nonpayment by such
other Contributing Lot Owners, and such increased Individual Lot Assessment or Special
Assessment or other Assessment can and may be enforced by the Association and Declarant
in the same manner as all other Assessments hereunder as provided in the Nautica Sound
Documents.
Section 5. WORKING CAPITAL CONTRIBUTION. Each Owner who purchases a Lot
with a Home thereon from Declarant shall pay to the Association at the time legal title is
conveyed to such Owner, a "Working Capital Contribution." The Working Capital
Contribution shall be an amount equal to a two months' share of the annual Operating
Expenses applicable to such Lot pursuant to the initial Budget (which may be different from
the Budget in effect at the time of closing). The purpose of the Working Capital
Contribution is to insure that the Association will have cash available for initial start-up
expenses, to meet unforeseen expenditures or to acquire additional equipment and services
deemed necessary or desirable by the Board. Working Capital Contributions are not advance
payments of Individual Lot Assessments and shall have no effect on future Individual Lot
Assessments, nor \vill they be held in reserve. Working Capital Contributions may be used
to offset Operating Expenses.
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Section 6. WAIVER OF USE. No Owner, other than Declarant, may exempt himself
from personal liability for assessments duly levied by the Association. No Owner may
release the Lot O\vned by him from the liens and charges hereof either by \vaiver of the use
and enjoyment of the Association Property and the facilities thereon or by abandonment of
his Home.
ARTICLE VIII
ARCHITECTURAL CONTROL COMMITTEE
Section 1. MEMBERS OF THE COMMITTEE. The Architectural Control Committee,
sometimes referred to in this Declaration as the "Committee", shall consist of three members.
The initial members of the Committee shall consist of persons designated by Declarant.
Each of said persons shall hold office until all Lots and Homes have been conveyed or at
such earlier time as the Declarant may, at its sole option, elect. Thereafter, each new member
of the Committee shall be appointed by the Board and shall hold office until such time as he
has resigned or has been removed or his successor has been appointed, as provided herein.
Members of the Committee, other than those designated by the Declarant, may be removed
at any time without cause. The Board shall have the sole right to appoint and remove all
members of the Committee other than those designated by the Declarant.
Section 2.
REVIEW OF PROPOSED CONSTRUCTION.
A. Subject to Section B of this Section 2, no buildings, fences, walls,
pools, roofs, gutters or rain spouts, antennae, aerials, microwaves, external enclosures
(including entry screen and patio screen enclosures), landscaping (including hedges and
massed plantings) or other Improvements shall be commenced, erected, installed, altered,
modified, painted, planted, or maintained on the Property, including the Lots, nor shall any
canopy, shutters, or \vindow coverings be attached to or placed upon outside walls or roofs
of any Home or building by any Ovmer other than Declarant until and unless two (2)
complete sets of the plans and specifications prepared by an architect, landscape architect,
engineer or other person found to be qualified, showing the nature, dimensions, materials and
location of the same have been submitted to and approved in writing by the Committee.
B. The Committee shall approve proposals of plans and
specifications submitted for its approval only if it deems that the construction, alterations or
additions contemplated will not be detrimental to the appearance of the surrounding area of
the Property as a whole, and that the appearance of any structure affected thereby will be in
harmony with the surrounding structures and is otherwise desirable. The Committee may
also issue rules or guidelines setting forth procedures for the submissions of plans and
specifications. If the proposed construction, alterations or additions are to a portion of the
Improvements which the Association is obligated to maintain, said approval shall also be
subject to approval by the Board. The Committee may condition its approval of proposals
in such a manner as it deems appropriate and may require the submission of additional
information prior to approving or disapproving such plans.
C. The Committee shall have forty-five (45) days after delivery of
all required materials to approve or reject any such plans and, if not approved within such
forty-five (45) day period, such plans shall be deemed rejected, provided that, in any event,
FTL 86894 4
22
no such addition, construction or alteration shall be made by any Owner which is detrimental
or inconsistent with the harmony, appearance or general scheme of the Property as a whole.
D. No landscaping or other Improvements on the LakeLots which
interfere with the view of the Lake by immediate neighbors \vho are also Lake Lot O",mers
shall be permitted. In its review of proposed plans and specifications of landscape design
and materials for Lake Lots, including, but not limited to, any massed plantings, the
Committee will take into consideration the effect on Lake views of such landscaping, both
at the proposed time of installation and at the time when maximum gro\vth shall have
occurred. The only fence type allowed on the back and sides of a Lake Lot shall be an
aluminum rail picket fence, \vith the rails no closer together than three inches (3 If) on center
and having a height of no greater than sixty inches (60"). Notwithstanding anything to the
contrary in this Declaration, such aluminum rail picket fence is the only type of fence which
the Committee may approve for installation on the back or sides of a Lake Lot.
E. Notwithstanding any provision in this Article to the contrary, the
approval of the Committee shall not be required for any additions, changes or alterations
within any Homes if such additions, changes or alterations are not visible from outside of
such Homes. All changes and alterations shall be subject, independently, to all applicable
governmental laws, statutes, ordinances, rules and regulations.
F. Notwithstanding anything to the contrary herein contained, no
construction, reconstruction, addition or alteration by Declarant shall require the prior
approval or any certificate of consent of the Committee.
Section 3. MEETINGS OF THE COMMITTEE. The Committee shall meet from time
to time as necessary to perform its duties hereunder. The Committee may from time to time
by resolution unanimously adopted in writing, designate a Committee representative (who
may, but need not, be one of its members) to take any action or perform any duties for and
on behalf of the Committee, except the granting of variances pursuant to Section 8 hereof.
In the absence of such designation, the vote of any two members of the Committee shall
constitute an act of the Committee.
Section 4. NO WAIVER OF FUTURE APPROVALS. The approval of the Committee
of any proposals of plans and specifications or drawings for any work done or proposed shall
not be deemed to constitute a waiver of any right to withhold approval or consent as to any
identical or similar proposal subsequently or additionally submitted for approval or consent,
whether such submission is by that applicant or another applicant.
Section 5. COMPENSATION OF MEMBERS. The members of the Committee shall
receive no compensation for services rendered, other than reimbursement for expenses
incurred by them in the performance of their duties hereunder.
Section 6. INSPECTION OF WORK. Inspection of work and correction of defects
therein shall proceed as follows:
FTL:868944
23
A. Upon the completion of any work for w"hich approved plans are
required under this Article, the submitting party shall give written notice of completion to
the Committee.
B. Within thirty (30) days after \vritten notice of completion, the
Committee or its duly authorized representatives may inspect such Improvement. If the
Committee finds such work was not done in substantial compliance with the approved plans
it shall notify the submitting party in v.Titing of such noncompliance within such thirty (30)
day period, specifying the particulars of noncompliance, and shall require the submitting
party to remedy such noncompliance.
C. Ifupon the expiration of fifteen (15) days from the date of such
notification, the submitting party shall have failed to remedy such noncompliance,
notification shall be given to the Board in writing of such failure. Upon such notice and
hearing, the Board shall determine whether there is a noncompliance and, if so, the nature
thereof and the estimated cost of correcting or removing the same. If noncompliance exists,
the submitting party shall remedy or remove the same w"ithin a period of not more than thirty
(30) days from the date of announcement of the Board's ruling. If the submitting party does
not comply with the Board's ruling within such period, the Board, at its option, may either
remove the Improvement or remedy the noncompliance, and the submitting party shall
reimburse the Association, upon demand, for all expenses incurred in connection therewith,
including Interest and Legal Fees. If such expenses are not promptly repaid by the
submitting party to the Association, the Board shall levy a Special Assessment against such
submitting party for reimbursement, and said Special Assessment shall constitute a lien upon
the applicable Lot and Home with the same force and effect as liens for Operating Expenses.
D. If, for any reason, notification is not given to the submitting party
of acceptance within thirty (30) days after receipt of said written notice of completion from
the submitting party, the Improvement and/or alteration shall be deemed to be in
noncompliance \vith said approved plans.
Section 7. NON-LIABILITY OF COivllvfITTEE ~1EMBERS. Neither the Committee nor
any member thereof, nor its duly authorized Committee representative, nor Declarant, shall
be liable to the Association or to any Ov..rner or any other person or entity for any loss,
damage or injury arising out of or in any way connected with the performance of the
Committee's duties hereunder, unless due to the willful misconduct or bad faith of a member
and only that member shall have any liability. The Committee's review and approval or
disapproval of plans submitted to it for any proposed Improvement shall be based solely on
considerations of the overall benefit or detriment to the community as a whole. The
Committee shall not be responsible for reviewing, nor shall its approval of any plan or design
be deemed approval of, any plan or design from the standpoint of structural safety or
conformance with building or other codes. Furthermore, approval by the Committee of any
plans and speci~cations does not excuse any Owner from also receiving approvals as
required by all applicable governmental agencies.
Section 8. VARIANCE. The Committee may authorize variances from compliance with
any of the architectural provisions of this Declaration or any Supplemental Declaration, when
circumstances such as topography, natural obstructions, hardship, aesthetic or environmental
FTL 86894 4
24
considerations may require. If such variances are granted, no violation of the covenants,
conditions and restrictions contained in this Declaration or any Supplemental Declaration
shall be deemed to have occurred with respect to the Improvements for which the variance
was granted.
Section 1.
ARTICLE IX
MAINTENANCE REPAIR OBLIGATIONS
BY THE ASSOCIATION.
A. The Association, at its expense, shall be responsible for the
maintenance, repair and replacement of all of the Association Property. Should any
incidental damage be caused to any Home by virtue of the Association's failure to maintain
the Association Property as herein required or by virtue of any work which may be done or
caused to be done by Association in the maintenance, repair or replacement of any
Association Property, the Association shall, at its expense, repair such incidental damage.
The Association shall not, however, be responsible for any loss of use, any hardship, an
Owner's time or any other consequential or punitive damages.
B. The Association shall operate, maintain and repair a water
sprinkler system constructed over, through and upon the Association Property as it shall
deem appropriate. There is hereby reserved in favor of the Association the right to enter
upon the Association Property for the purpose of operating, maintaining, repairing and
replacing a water sprinkler system over, through and upon the Association Property.
C. The Association shall be responsible for the maintenance, repair
and replacement of all private streets located upon the Association Property and there is
hereby reserved in favor of the Association the right to enter upon any and all parts of the
Association Property and Lots for such purpose. The Association may, to the extent
permitted by the appropriate governmental authority, also provide maintenance of all City,
County, district or municipal properties which are located \vithin or in a reasonable proximity
of the Property to the extent that their deterioration or unkempt appearance would adversely
affect the appearance of the Property, including the right to enhance the landscaping in any
public rights of way. / I' ;'-"
D. The Association, by action of its Board, may make minor and
insubstantial alterations and Improvements to the Association Property having a cost not in
excess of FIVE THOUSAND DOLLARS ($5,000). All other alterations and Improvements
must first be approved by the Owners of not less than sixty percent (60%) of the total voting
interests of the Association. No alteration or Improvement may be made to the Association
Property which materially and adversely affects the rights of the Owner of any Lot to the
enjoyment of his Lot or the Association Property unless the Owner and all mortgagees
holding recorded mortgages on such Lot consent thereto in writing.
E. All expenses incurred by the Association in connection with the
services and maintenance described in Paragraphs A through D, inclusive, are Operating
Expenses, payable by each Owner under the provisions of this Declaration concerning
Assessments. Should the maintenance, repair or replacement provided for in Paragraphs A
FTL.868944
25
""...,.A
through 0 of this Section 1 be caused by the negligence or misuse by an Owner, his family,
guests, servants, invitees, or lessees he shall be responsible therefor, and the Association
shall have the right to levy a Special Assessment against the Owner of such Lot, and said
Assessment shall constitute a lien upon the applicable Lot and Home with the same force and
effect as liens for Operating Expenses.
F. The Association has the reasonable right of entry upon any Lot
to make emergency repairs and to do other \'lork reasonably' necessary for the proper
maintenance and operation ofNautica Sound,
Section 2.
BY THE OWNERS.
A. The Owner of each Lot must keep and maintain the Lot and the
Improvements thereon, including equipment and appurtenances, in good order, condition and
repair, and must perform promptly all maintenance and repair work \vithin his Home which,
if omitted, would adversely affect Nautica Sound, the other Owners or the Association and
its Members. The Owner of each Lot shall be responsible for any damages caused by a
failure to so maintain such Lot and Home. The Owners' responsibility for maintenance,
repair and replacement shall include, but not be limited to. all of the physical structure
constructed in, upon or below the Lot, and physical items attached or connected to such
structure that run beyond the boundary line of the Lot which exclusively service or benefit
the Lot and Home. The painting, caulking and maintenance of the exterior surface of the
walls, doors, windows and roof of the physical structure of the Home shall be done by the
Owner, and, the exterior surface of such walls, doors, windows and roof shall at all times be
maintained in a good and serviceable condition with no damage or other defect therein by
the Owner. The O\vner ofa Lot further agrees to pay for all utilities, such as telephone, cable
television, water, sewer, sanitation, electric, etc., that may be separately billed or charged to
each Home. The Owner of each Lot shall be responsible for the costs of the sprinkler system
servicing the Lot, including, but not limited to, the costs of operation and maintenance, and
the cost of repair or replacement to all or any part thereof. The Owner of each Lot shall be
responsible for insect and pest control within the Lot and Home. Whenever the maintenance,
repair and replacement of any items which an Owner is obligated to maintain, repair or
replace at his own expense, is occasioned by any loss or damage which may be covered by
any insurance maintained in force by the Association, the proceeds of the insurance received
by the Association shall be used for the purpose of making such maintenance, repair or
replacement, except that the Owner shall be, in said instance, required to pay such portion
of the costs of such maintenance, repair and replacement as shall, by reason of the
applicability of any deductibility provision of such insurance or otherwise, reduce the amount
of the insurance proceeds applicable to such maintenance, repair or replacement.
B. The Owner of each Lot shall maintain and care for any lawns
which are encompassed within the Lot. "Maintenance and care" within the meaning of this
Subsection "B" shall include irrigating, mowing, edging, fertilizing, and spraying of lawns,
and replacement of sod. All lawns shall be maintained free from unsightly bald spots or dead
grass and shall be uniform in texture and appearance with surrounding lawns in Nautica
Sound. In addition to the foregoing, each Lake Lot Owner shall maintain and care for the
grassed area abutting his Lot which is located between his Lot and the edge of water.
FTL 86894 4
26
C. The Owner of each Lot shall maintain and care for all
landscaping encompassed within the Lot including any Buffer thereon. "Maintenance and
care" within the meaning of this Subsection "C" shall include irrigating, fertilizing, spraying
and trimming of landscaping and replacement of same so that, at a minimum, the initial
landscaping for the Lot provided by the Declarant shall be maintained. In addition to the
foregoing, each Lake Lot Owner shall irrigate the upland littoral plantings situated in the
Grassed Area abutting his Lot.
D. If a Home is damaged by fire or other casualty, its Owner shall
properly and promptly restore it to at least as good a condition as it was before the casualty
occurred. Any such work shall be in accordance with the original plans and specifications
of the Home unless otherwise authorized by the Board and shall be othenvise subject to all
provisions of Article VIII hereof.
E. Each Owner shall keep his Home insured in an amount not less
than its full insurable value against loss or damage by fire or other hazards. Evidence of such
coverage shall be furnished to the Association promptly upon the Board's request.
F. If an Owner fails to comply with the foregoing provisions of this
Section 2, the Association may proceed in court to enjoin compliance. Further, if the failure
to comply relates to the Owner's obligations to maintain insurance, the Association shall be
entitled, although not obligated, to obtain the required coverage itself and to levy on the
offending O\vner a Special Assessment equal to the cost of premiums, and any such Special
Assessment shall constitute a lien upon the applicable Lot and Home with the same force and
effect as a lien for Operating Expenses.
G. If a failure to comply with the provisions of this Section 2 relates
to the Owner's obligation to maintain the Home, lawn and landscaping, then, in addition to
the exercise of all other remedies, the Association shall have the right to secure those services
necessary to correct such failure to comply and to impose the cost of such corrective action
upon the noncomplying Owner, provided the following procedures are adhered to:
(I) Notice. The Association shall notify the O\\'ner in ""TIting
of the noncompliance and set forth the corrective action to be taken. Included in the notice
shall be the date and time of the next Board meeting. The Owner shall immediately take the
necessary corrective action or appear at the Board meeting to contest the corrective action.
Any such notice shall be given at least five (5) days prior to the date of the Board meeting
at which the Owner may be heard.
(2) Hearing. Should the Owner not take the required
corrective action, the noncompliance shall be presented to the Board after which the Board
shall hear reasons why corrective action should not be taken. A written decision of the Board
shall be submitted to the Owner not later than twenty-one (21) days after said meeting.
(3) Assessment. Should the Owner not then take the required
corrective action within seven (7) days of the Board's written decision, the Board shall
undertake the corrective action at the Owner's cost. The cost of corrective action, if any,
shall be paid not later than thirty (30) days after notice of the imposition for Assessment of
FTL868944
27
the said cost. Such cost shall be treated as an Assessment subject to the provisions for the
collection of Assessments as otherwise set forth herein.
Section 3. DAMAGE TO BUILDINGS. Any Home which has suffered damage may
apply through the Owners thereof for approval to the Architectural Control Committee for
reconstruction, rebuilding, or repair of the Improvements therein. The Architectural Control
Committee shall grant such approval only if upon completion of the work the exterior
appearance \vill be substantially similar to that which existed prior to the date of the casualty.
If the obligation for repair falls upon the Association, Architectural Control Committee
approval will not be required prior to the commencement of such work, so long as the
exterior appearance will be substantially similar to that which existed prior to the date of the
casualty.
The Owner or Owners of any damaged building, the Association, and
the Architectural Control Committee shall be obligated to proceed with all due diligence
hereunder and the responsible parties shall commence reconstruction within three (3) months
after the damage occurred and complete reconstruction within one (1) year after the damage
occurs, unless prevented by causes beyond his or its reasonable control.
The Declarant shall be exempt from the provisions of this Section 3,
provided that any such reconstruction, rebuilding or repairs made by the Declarant shall be
consistent, as to the exterior appearance, with the Improvements as they existed prior to the
damage or other casualty.
ARTICLE X
RULES AND REGULATIONS
All of the Property shall be held, used, and enjoyed subject to the following
limitations and restrictions, and any and all additional rules and regulations which may, from
time to time, be adopted by the Association;
Section 1. ENFORCEMENT. Failure of an Owner to comply with such rules and
regulations shall be grounds for action which may include, without limitation, an action to
recover sums due for damages, injunctive relief, or any combination thereof.
In addition to all other remedies and in the sole discretion of the Board,
a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests,
invitees, lessees or employees to comply with any rule or regulation provided the following
procedures are adhered to:
A. Notice. The Association shall notify the Owner in writing of the
infraction or infractions and its intention to impose a fine on the Owner. Included in the
notice shall be the date and time of the next Board meeting. The Owner shall immediately
comply or appear at the Board meeting to contest the infraction or the fine. Any such notice
shall be given at least five (5) days prior to the date of the Board meeting at which the Owner
may be heard.
FTL.868944
28
B. Hearing. Should the Owner still be in noncompliance, the
noncompliance shall be presented to the Board after which the Board shall hear reasons why
a fine should or should not be imposed. A written decision of the Board shall be submitted
to the Owner not later than t\venty-one (21) days after said meeting.
C. Pavment. A fine shall be paid not later than thirty (30) days after
notice of the imposition of the fine.
D. Fines. A fine shall be treated as an Assessment subject to the
provisions of the collection of Assessments as othenvise set forth herein, and shall constitute
a lien upon the applicable Lot and Home with the same force and effect as a lien for
Operating Expenses. All monies received from fines shall be allocated as directed by the
Board, subject ahvays to the provisions of this Declaration.
E. Action by Association. In addition to imposing a fine and when
it shall be deemed appropriate, the Association shall have the right (i) to undertake the
corrective action not performed by the noncomplying Owner and (ii) to be reimbursed by the
Owner for any and all costs associated therewith.
F. Non-Exclusive Remedv. These fines shall not be construed to
be exclusive and shall exist in addition to all other rights and remedies to which the
Association may be othenvise legally entitled. However, any penalty paid by the offending
Owner shall be deducted from or offset against any damages which the Association may
othenvise be entitled to recover by law from such Owner.
Section 2. NUISANCES. No obnoxious or offensive activity shall be carried on about
the Lots or in or about any improvements, Homes, or on any portion ofNautica Sound nor
shall anything be done therein which may be or become an unreasonable annoyance or a
nuisance to any Owner. No use or practice shall be alloVv'ed in or around the Homes which
is a source of annoyance to Owners or occupants of Homes or which interferes with the
peaceful possession or proper use of the Homes or the surrounding areas. No loud noises or
noxious odors shall be permitted in any Improvements, Homes or Lots. Without limiting the
generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices
(other than security devices used exclusively for security purposes), noisy or smoky vehicles,
large power equipment or large povver tools, unlicensed off-road motor vehicles or any items
which may unreasonably interfere with television or radio reception of any O",.:ner shall be
located, used or placed on any Lot, or exposed to the view of other Owners without the prior
written approval of the Board.
Section 3. PARKING AND VEHICULAR RESTRICTIONS. Parking upon the Property
shall be restricted to the drive and garage located upon each Lot. No parking on the streets
or swales is permitted. No Owner shall keep any vehicle on the Lots which is deemed to be
a nuisance by the Board. No Owner shall conduct repairs taking more than twenty-four (24)
hours (except in an emergency or except within the garage of the Home with the garage door
closed) or restorations of any motor vehicle, boat, trailer, or other vehicle upon the Lots. No
commercial vehicle, trailer, boat or boat trailer may be parked or stored on the Property
except in the garage of a Home located upon a Lot. No bus or tractor-trailer or any other
truck larger than a full-size pickup truck may be parked on the Property, except temporarily
FTL8689~ ~
29
as in the case of a moving van or other such vehicle necessary to provide service to an Owner
and with the exception of any vehicles necessary for any construction activity being
performed by or on behalf of Declarant.
Section 4. NO IMPROPER USE. No improper, offensive, hazardous or unlawful use
shall be made of any Home nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance or nuisance to any person using any portion of the
Property. All valid laws, zoning ordinances and regulations of all governmental bodies
having jurisdiction thereover shall be observed. Violations of la\vs, orders, rules, regulations
or requirements of any governmental agency having jurisdiction thereover, relating to any
Home shall be corrected by, and at the sole expense of, the Home's Ovmer.
Section 5. LEASES. No portion ofa Home (other than an entire Home) may be rented.
All leases shall provide that the Association shall have the right to terminate the lease upon
default by the tenant in observing any of the provisions of this Declaration, the Articles, the
Bylaws, applicable rules and regulations, or of any other agreement, document or instrument
governing the Lots or Homes. The Owner of a leased Home shall be jointly and severally
liable with his tenant for compliance with the Nautica Sound Documents and to the
Association to pay any claim for injury or damage to property caused by the negligence of
the tenant. Every lease shall be subordinated to any lien filed by the Association whether
before or after such lease was entered into.
Section 6. ANIMALS AND PETS. Only common domesticated household pets may be
kept on any Lot or in a Home, but in no event for the purpose of breeding or for any
commercial purposes whatsoever. No other animals, livestock, reptiles or poultry of any
kind shall be kept, raised, bred or maintained on any portion of the Property. Permitted pets
shall only be kept subject to and in accordance with such rules and regulations as shall be
promulgated from time to time by the Board. Under no circumstances may a pit bull be
permitted on the Property. Any pet must be carried or kept on a leash when outside of a
Home or fenced-in area. No pet shall be kept tied up when outside of a Home or in any
screened porch or patio, unless someone is present in the Home. An Owner shall
immediately pick up and remove any solid animal waste deposited by his pet on the Property.
An Owner is responsible for the cost of repair or replacement of any Association Property
damaged by his pet.
Each Owner who determines to keep a pet thereby agrees to indemnify
the Association and Declarant and hold them harmless against any loss or liability of any
kind or character whatsoever arising from or growing out of his having any animal on the
Property.
Section 7. ADDITIONS AND AL TERA TIONS. No Home shall be enlarged by any
addition thereto or to any part thereof, and no Owner shall make any improvement, addition,
or alteration to the exterior of his Home, including, without limitation, the painting, staining,
or varnishing of the exterior of the Home, including doors and garage doors, without the
prior written approval of (i) the Committee as set forth in Article VIII of this Declaration,
which approval may be withheld for purely aesthetic reasons, and (ii) all applicable
governmental entities.
FTL: 86894 4
30
Section 8. INCREASE IN INSURANCE RATES. No Owner may engage in any action
which may reasonably be expected to result in an increase in the rate of any insurance policy
or policies covering or with respect to any portion of the Property not owned by such Owner.
Section 9. SLOPES AND TREES. No Owner may engage in any activity which will
change the slope or drainage of a Lot. No additional trees are permitted to be planted on the
Property without the prior written consent of Declarant for as long as Declarant owns a Lot,
and thereafter without the prior \vritten consent of the Board.
Section 10. SIGNS. No sign, display, poster, or other advertising device of any kind may
be displayed in public view of any portion of any building or other Improvement in the
Property without the prior written consent of the Board. Signs, regardless of size, used by
Declarant, its successors or assigns, for advertising during the construction and sale period
of Nautica Sound or other communities developed and/or marketed by Declarant or its
affiliates and other reasonable signs authorized by Declarant shall be exempt from this
Section. Such sign or signs as Declarant may be required to erect under the terms of an
Institutional Mortgage shall be exempt from this Section.
Section 11. TRASH AND OTHER MATERIALS. No rubbish, trash, garbage, refuse, or
other waste material shall be kept or permitted on the Lots and/or Association Property, or
other portions of the Property, except in sanitary, self-locking containers located in
appropriate areas, and no odor shall be permitted to arise therefrom so as to render the
Property or any portion thereof unsanitary, offensive, detrimental or a nuisance to Owners
or to any other property in the vicinity thereof or to its occupants. No clothing or other
household items shall be hung, dried, or aired in such a way as to be visible from the
Association Property or another Lot. No stripped-dO\vn vehicles, lumber or other building
materials, grass, tree clippings, metals, scrap, automobile pieces or parts, refuse, or trash shall
be stored or allO\ved to accumulate on any portion of the Property, except within an enclosed
structure approved by the Committee and appropriately screened from view (except when
accumulated during construction by Declarant, during construction approved by the
Committee, or when accumulated by the Association for imminent pick-up and discard).
Section 12. TEMPORARY STRUCTURES. No tent, shack, shed or other temporary
building or improvement, other than separate construction and sales trailers to be used by
Declarant, its agents and contractors, for the construction and sale ofNautica Sound or other
communities, shall be placed upon any portion of the Property, either temporarily or
permanently. No trailer, motor home or recreational vehicle shall be: (a) used as a
residence, either temporarily or permanently, or (b) parked upon the Property.
Section 13. OIL AND MINING OPERATIONS. No oil drilling, oil development
operations, oil refining, boring or mining operations of any kind shall be permitted upon or
on any Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon
or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any Lot.
Section 14. SEWAGE DISPOSAL. No individual sewage disposal system shall be
permitted on any of the Property; provided that a central sewage disposal system is being
FTL.8689~ ~
31
operated in accordance "'lith the requirements of the governmental regulatory body having
jurisdiction over said central system.
Section 15. WATER SUPPLY. No individual water supply system shall be permitted on
any of the Property provided that a central water supply system is being operated in
accordance with requirements of the governmental body having jurisdiction over said central
system, except that wells are permitted for the irrigation of landscaping only.
Section 16. FENCES. Any fence placed upon any Lot must be approved by the
Committee, as provided in Article VIII hereof, prior to installation. In no event may a fence
be placed in the area between the front of a Home and the Street, Drive, Road or Roadway
at the front of the Lot on which the Home is situated. In the event that the Board or the
Committee, in its sole discretion, determines that a fence is not acceptable, the Board or the
Committee may require the Owner to remove the fence; and, if the Owner does not comply
in a timely fashion, the Board or the Committee may cause the fence to be removed and
assess any and all expenses of such removal against the Owner as a Special Assessment. The
Owner assumes complete responsibility to maintain the fence, including, but not limited to,
trimming any grass, ivy or other plants from the fence. In the event the Committee approves
the installation of a fence, it shall also have the right to require installation of landscaping,
also subject to the committee's approval, at the time the fence is installed.
Section 17. ANTENNAE. No antennae, microwave receiving devices or satellite receiving
devices shall be permitted to be placed or erected on any Lot or other portion of the Property.
Section 18. DECLARANT EXEMPTION. Declarant plans to undertake the work of
constructing Homes and Improvements upon the Property and may undertake the work of
constructing other buildings upon adjacent land or other property being developed or
marketed by Declarant or its affiliates. The completion of that work and the sale, rental and
other transfer of Homes is essential to the establishment and welfare of the Property as a
residential community. In order that such work may be completed and a fully occupied
community established as rapidly as possible, neither Owners, the Association, nor the
Architectural Control Committee shall do anything to interfere with Declarant's activities.
In general, the restrictions and limitations set forth in this Article shall
not apply to the Declarant or to Lots owned by the Declarant. Declarant shall specifically
be exempt from any restrictions which interfere in any manner whatsoever with Declarant's
plans for development, construction, sale, lease, or use of the Property and to the
Improvements thereon. Declarant shall be entitled to injunctive relief for any actual or
threatened interference with its rights under this Article in addition to whatever remedies at
law to which it might be entitled.
ARTICLE XI
DAMAGE OR DESTRUCTION TO ASSOCIATION PROPERTY
Section 1. Damage to or destruction of all or any portion of the Association Property
shall, notwithstanding any provision in this Declaration to the contrary, be handled as
follows:
FTL8689.U
32
A. If insurance proceeds are sufficient to effect total restoration of
damaged or destroyed Association Property, then the Association shall cause such
Association Property to be repaired and reconstructed substantially as it previously existed.
B. If insurance proceeds are insufficient to effect total restoration,
and the cost of restoration exceeds such proceeds by T\VENTY-FIVE THOUSAND
DOLLARS ($25,000) or less, then the Association shall cause the Association Property to
be repaired and reconstructed substantially as it previously existed and the difference
between the insurance proceeds and the actual cost shall be levied as an Assessment
proportionally against each of the Contributing Lots in accordance with the provisions of
Article VI herein.
C. If the insurance proceeds are insufficient to effect total
restoration and the cost of restoration of the Association Property exceeds said proceeds by
over TWENTY-FIVE THOUSAND DOLLARS ($25,000), then by the written consent or
vote of a majority of the voting interests, they shall determine whether: (a) to rebuild and
restore in substantially the same manner as the Improvements existed prior to the damage or
destruction and to raise the necessary funds by levying equal construction Assessments
against all Contributing Lots; (b) to rebuild and restore in a manner less expensive in
replacing these Improvements; or (c) to not rebuild and to retain available insurance
proceeds. In the event it is decided that the damaged or destroyed Association Property shall
not be rebuilt, the remains of any structure or structures shall be torn dO\vn and hauled away,
so as not to be a safety hazard or visual nuisance, and the land shall be fully sodded and
landscaped or othenvise treated in an attractive manner. Notwithstanding anything contained
herein to the contrary, no decision not to rebuild or to rebuild in a manner which would result
in a change in the Improvements shall be effective without the prior written approval of
Declarant as long as Declarant owns all or any portion of the Property.
D. Each Owner shall be liable to the Association for any damage to
the Association Property not fully covered or collected by insurance which may be sustained
by reason of the negligence or willful misconduct of said Owner or of his family, lessees,
invitees and guests, both minors and adults.
E. In the event that the repairs and replacements were paid for by
any Special Assessments as well as insurance proceeds and regular Assessments, then, if
after the completion of and payment for the repair, replacement, construction or
reconstruction there shall remain any excess in the hands of the Association, it shall be
presumed that the monies disbursed in payment of any repair, replacement, construction and
reconstruction were first disbursed from insurance proceeds and regular Assessments and any
remaining funds shall be deemed to be the remaining Special Assessments which shall be
returned to the Contributing Lot Owners by means of a pro rata distribution in accordance
with the collection of such Special Assessments.
FTL:868944
33
Association Property, if available under the National Flood Insurance Program, shall be
purchased, which flood insurance shall be in the form of a standard policy issued by a
member of the National Flood Insurers Association, and the amount of the coverage of such
insurance shall be the lesser of the maximum amount of flood insurance available under such
program, or one hundred percent (100%) of the current replacement cost of all buildings and
other insurable property located in the flood hazard area.
Section 7. CONDEMNATION. In the event the Association receives any award or
payment arising from the taking of any Association Property or any part thereof as a result
of the exercise of the right of condemnation or eminent domain, the net proceeds thereof
shall first be applied to the restoration of such taken areas and improvements thereon to the
extent deemed advisable by the Board and approved by at least t\vo-thirds (2/3) of the total
voting interests, and the remaining balance thereof, if any, shall then be distributed pro rata
to Owners and mortgagees of Lots as their respective interests may appear.
Section 8. WAIVER OF SUBROGATION. As to each policy of insurance maintained
by the Association, which will not be voided or impaired thereby, the Association hereby
waives and releases all claims against the Board, the Owners, the Declarant and the agents
and employees of each of the foregoing, with respect to any loss covered by such insurance,
whether or not caused by negligence of or breach of any agreement of said persons, but only
to the extent that such insurance proceeds are received in compensation for such loss.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. CONFLICT WIlli OTI-IER NAUTICA SOUND DOCUMENTS. In the event
of any conflict bet\veen the provisions hereof and the provisions of the Articles and/or
Bylaws and/or rules and regulations promulgated by the Association, the provisions of this
Declaration shall control.
Section 2. NOTICES. Any notice or other communication required or permitted to be
given or delivered hereunder shall be deemed properly given and delivered upon the mailing
thereof by United States mail, postage prepaid, to: (i) any Owner, at the address of the
person whose name appears as the Owner on the records of the Association at the time of
such mailing and, in the absence of any specific address, at the address of the Home owned
by such Owner; and (ii) the Association, certified mail, return receipt requested, at 1401
University Drive, Suite 200, Coral Springs, Florida 33071, or such other address as the
Association shall hereinafter notify Declarant and the Owners of in \-vriting; and (iii)
Declarant, certified mail, return receipt requested, at 1401 University Drive, Suite 200, Coral
Springs, Florida 33071, or such other address or addresses as Declarant shall hereafter notify
the Association of in writing, any such notice to the Association of a change in Declarant's
address being deemed notice to the Owners.
Section 3. ENFORCEMENT. The covenants and restrictions herein contained may be
enforced by Declarant (so long as Declarant holds an equitable or legal interest in any Lot
and/or Home), the Association, any Owner and any Institutional Mortgagee holding a
mortgage on any portion of the Property in any judicial proceeding seeking any remedy
recognizable at law or in equity, including damages, injunction or any other form of relief
FTL 86894:4
35
against any person, firm or entity violating or attempting to violate any covenant, restriction
or provision hereunder. The failure by any party to enforce any such covenant, restriction
or provision herein contained shall in no event be deemed a waiver of such covenant,
restriction or provision or of the right of such party to thereafter enforce such covenant,
restriction or provision. The prevailing party in any such litigation shall be entitled to all
costs thereof including, but not limited to, Legal Fees.
Section 4. INTERPRETATION. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development of a
residential community and for the maintenance of recreational facilities and Association
Property. Article, Section and Paragraph captions, headings and titles inserted throughout
this Declaration are intended as a matter of convenience only and in no way shall such
captions, headings or titles define, limit or in any way affect the subject matter or any of the
terms and provisions thereunder or the terms and provisions of this Declaration.
Whenever the context so requires or admits, any pronoun used herein
may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and
the singular form of any nouns and pronouns herein may be deemed to mean the
corresponding plural form thereof and vice versa.
Section 5. SEVERABILITY. In the event any of the provisions of this Declaration shall
be deemed invalid by a court of competent jurisdiction, said judicial determination shall in
no way affect any of the other provisions hereof, which shall remain in full force and effect,
and any provisions of this Declaration deemed invalid by a court of competent jurisdiction
by virtue of the term or scope thereof shall be deemed limited to the maximum term and
scope permitted by law. In the event that any court should hereafter determine that any
provision of this Declaration is in violation of the rule of property known as the "rule against
perpetuities" or any other rule oflaw because of the duration ofa time period, such provision
shall not thereby become invalid, but instead the duration of such time period shall be
reduced to the maximum period allowed under such rule of law, and in the event the
determination of the duration of such time period requires measuring lives, such measuring
life shall be that of the incorporator of the Association.
Section 6. CERTAIN RIGHTS OF DECLARANT. Notwithstanding anything to the
contrary herein contained, no Improvements constructed or installed by Declarant shall be
subject to the approval of the Association or the Owners or the provisions and requirements
of this Declaration, although it is the intent of Declarant to create a community with a
common scheme of development. Notwithstanding the other provisions of this Declaration,
Declarant reserves for itself, and Declarant and its nominees shall have, the right to enter into
and transact on the Property any business necessary to consummate the sale, lease or
encumbrance of Homes or real property within or outside Nautica Sound, including, but not
limited to, the right to maintain models and a sales and/or leasing office, a construction
office, a service office, place signs, employ sales, leasing, construction and service personnel,
use the Association Property and show Homes, and Declarant further reserves the right to
make repairs to the Association Property and to carry on construction activity for the benefit
of the Property. Declarant, and its nominees, may exercise the foregoing rights without
notifying the Association. Any such models, sales and/or leasing office, construction office,
service office, signs and any other items pertaining to such sales, leasing, construction or
FTL868944
36
service efforts shall not be considered a part of the Association Property and shall remain the
property of Declarant. This Section 6 may not be suspended, superseded or modified in any
manner by any amendment to this Declaration unless such amendment is consented to in
\vriting by Declarant. This right of use and transaction of business as set forth herein and the
other rights reserved by Declarant in the Nautica Sound Documents may be assigned in
'''Titing by Declarant in whole or in part. For the purposes of this Section 6, the term
"Declarant" shall include any "Lender" which has loaned money to Declarant to acquire or
construct Improvements upon the Property, or its successors and assigns if such Lender, its
successors or assigns, acquires title to any portion of the Property as a result of the
foreclosure of any mortgage encumbering any portion of the Property securing any such loan
to Declarant, or acquires title thereto by deed in lieu of foreclosure. The rights and privileges
of Declarant as set forth in this Section 6, which are in addition to, and are no way a limit on,
any other rights or privileges of DecIarant under any of the Nautica Sound Documents, shall
terminate upon Declarant no longer owning any portion of the Property (and having any
equitable or legal interest therein) or upon such earlier date as Declarant shall notify the
Association in writing of Declarant's voluntary election to relinquish the aforesaid rights and
privileges.
Section 7. DISPUTES AS TO USE. In the event there is any dispute as to whether the
use of the Property or any portion or portions thereof complies with the covenants,
restrictions, easements or other provisions contained in this Declaration, such dispute shall
be referred to the Board, and a determination rendered by the Board with respect to such
dispute shall be final and binding on all parties concerned therewith. Notwithstanding
anything to the contrary herein contained, any use by Declarant of the Property shall be
deemed a use which complies with this Declaration and shall not be subject to a contrary
determination by the Board.
Section 8. AMENDMENT AND MODIFICATION. The process of amending or
modifying this Declaration shall be as follows:
1. Until the Turnover Date, all amendments or modifications shall
only be made by Declarant without the requirement of the Association's consent or the
consent of the Owners so long as such amendments or modifications do not materially impair
the common plan of development ofNautica Sound; provided, however, that the Association
shall, forthwith upon request of Declarant, join in any such amendments or modifications and
execute such instruments to evidence such joinder and consent as Declarant shall, from time
to time, request.
2. After the Turnover Date, this Declaration may be amended by:
(i) the consent of the Owners owning two-thirds (2/3) of all Lots; together with (ii) the
approval or ratification of a majority of the Board. The aforementioned consent of the
Owners owning n-vo-thirds (2/3) of the Lots may be evidenced by a writing signed by the
required number of Owners or by the affirmative vote of the required number of Owners at
any regular or special meeting of the Association called and held in accordance with the
Bylaws evidenced by a certificate of the Secretary or an Assistant Secretary of the
Association.
FTL 868944
37
3. Amendments for correction of scrivener's errors or other
nonmaterial changes may be made by Declarant alone until the Turnover Date and by the
Board thereafter and without the need of consent of the Owners.
4. Notwithstanding anything to the contrary herein contained, no
amendment to this Declaration shall be effective \vhich shall impair or prejudice the rights
or priorities of Declarant, the Association or of any Institutional Mortgagee under the Nautica
Sound Documents \vithout the specitic written approval of such Declarant, Association
and/or Institutional Mortgagee affected thereby. Finally, notwithstanding anything to the
contrary contained herein, no amendment to this Declaration shall be effective \vhich shall
eliminate or modifY the provisions of Section 6 of this Article XIII and any such amendment
shall be deemed to impair and prejudice the rights of Declarant.
5. A true copy of any amendment to this Declaration shall be sent
certified mail by the Association to Declarant and to all Institutional Mortgagees holding a
mortgage on any portion of the Property requesting notice. The amendment shall become
effective upon the recording of a Certiticate of Amendment to this Declaration setting forth
the amendment or modification amongst the Public Records of the County.
6. Notwithstanding anything contained herein to the contrary,
Declarant may, without the consent of any Owners, tile any amendments which may be
required by an Institutional Mortgagee for the purpose of satisfYing its development criteria
or such other criteria as may be established by such mortgagee's secondary mortgage market
purchasers, including, without limitation, the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation; provided, however, any such Declarant's filed
amendments must be in accordance with any applicable rules, regulations and other
requirements promulgated by the United States Department of Housing and Urban
Development.
Section 9. DELEGATION. The Association, pursuant to a resolution duly adopted by the
Board, shall have the continuing authority to delegate all or any portion of its responsibilities
for maintenance, operation and administration, as provided herein, to any managing agency
or entity selected by the Board from time to time and whether or not related to Declarant.
Section 10. TERM. This Declaration and the terms, provisions, conditions, covenants,
restrictions, reservations, regulations, burdens and liens contained herein shall run with and
bind the Property, and inure to the benefit of Declarant, the Association, Owners, and their
respective legal representatives, heirs, successors and assigns for a term of fifty (50) years
from the date of recording this Declaration amongst the Public Records of the County, after
which time this Declaration shall be automatically renewed and extended for successive
periods of ten (10) years each unless at least one (1) year prior to the termination of such
fifty (50)-year term or any such ten (lO)-year extension there is recorded amongst the Public
Records of the County an instrument agreeing to terminate this Declaration signed by
Owners owning two-thirds (2/3) of the Lots and Institutional Mortgagees holding first
mortgages encumbering two-thirds (2/3) of all Lots encumbered by first mortgages held by
Institutional Mortgagees, upon which event this Declaration shall be terminated upon the
expiration of the tifty (50)-year term or the ten (I O)-year extension during which such
instrument was recorded.
FTL. 86894 4
38
In the event this Declaration is terminated or the Association ceases to
exist for any reason, the Owners shall be jointly and severally responsible for the costs to
maintain and shall maintain the Association Property in the manner described herein. This
provision may not be amended or deleted without the prior written consent of the City of
Boynton Beach and this provision shall survive the termination of this Declaration and shall
run with the Property in perpetuity.
Section 11. RIGHTS OF MORTGAGEES.
1. Right to Notice
The Association shall make available for inspection upon request,
during normal business hours or under reasonable circumstances, the Nautica Sound
Documents and the books, records and financial statements of the Association to Owners and
the holders, insurers or guarantors of any first mortgages encumbering any portion of the
Property. In addition, evidence of insurance shall be issued to each Owner and mortgagee
holding a mortgage encumbering a Home upon written request to the Association.
2. Rights of Listed Mortgagee
Upon \vritten request to the Association, identifying the name and
address of the holder, insurer, or guarantor (such holder, insurer or guarantor is herein
referred to as a "Listed Mortgagee") of a mortgage encumbering a Lot and the legal
description of such Lot, the Association shall provide such Listed Mortgagee with timely
written notice of the following:
(a) Any condemnation, loss or casualty loss which affects any
material portion of the Association Property;
(b) Any lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the Association;
(c) Any proposed action which would require the consent of
mortgagees holding a mortgage encumbering a Lot; and
(d) Any failure by an Owner owning a Lot encumbered by a
mortgage held, insured or guaranteed by such Listed Mortgagee to perform his obligations
under the Nautica Sound Documents, including, but not limited to, any delinquency in the
payment of Assessments, or any other charge owed to the Association by said Owner where
such failure or delinquency has continued for a period of sixty (60) days.
3. Right of Listed Mortgagee to Receive Financial Statement
Any Listed Mortgagee shall, upon written request made to the
Association, be entitled to financial statements for the Association for the prior fiscal year
free of charge and the same shall be furnished within a reasonable time following such
request.
FTL. 86894 4
39
Section 12. APPROVAL OF ASSOCIATION LAWSUITS BY OWNERS.
Notwithstanding an}1hing contained herein to the contrary, the Association shall be required
to obtain the approval of three-fourths (3/4) of the total voting interests (at a duly called
meeting of the Ovmers at which a quorum is present) prior to engaging persons or entities
for the purpose of suing, or making, preparing or investigating any lawsuit, or commencing
any lawsuit other than for the following purposes:
(a) the collection of Assessments;
(b) the collection of other charges \vhich Owners are obligated to pay
pursuant to the Nautica Sound Documents;
(c) . the enforcement of the use and occupancy restrictions contained
in the Nautica Sound Documents;
(d) in an emergency where waiting to obtain the approval of the
Owners creates a substantial risk of irreparable injury to the Association Property or to
Owner(s) (the imminent expiration of a statute of limitations shall not be deemed an
emergency obviating the need for the requisite vote of three-fourths (3/4) of the Owners); or
(e) filing a compulsory counterclaim.
Section 13. COMPLIANCE WITH PROVISIONS. Every person who owns, occupies or
acquires any right, title, estate or interest in or to any Lot except as elsewhere herein provided
does and shall be conclusively deemed to have consented to and agreed to every limitation,
restriction, easement, reservation, condition and covenant contained herein, whether or not
any reference to these restrictions is contained in the instrument by which such person
acquired an interest in such property. Declarant shall not in any way or manner be held liable
or responsible for any violation of this Declaration by any person other than Declarant.
Section 14. SECURITY. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to make the Property safer than it
otherwise might be. Additionally, NEITHER DECLARANT NOR THE ASSOCIATION
MAKES ANY REPRESENTATIONS WHATSOEVER AS TO THE SECURITY OF TIlE
PREMISES OR THE EFFECTIVENESS OF ANY MONITORING SYSTEM OR
SECURITY SERVICE. ALL MEMBERS AGREE TO HOLD DECLARANT AND TIlE
ASSOCIATION HARNfLESS FROM ANY LOSS OR CLAIM ARISING FROM TIlE
OCCURRENCE OF ANY CRIME OR OTHER ACT. NEITHER THE ASSOCIATION,
DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE
CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE
PROPERTY. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR
DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON
OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF
SECURITY MEASURES UNDERTAKEN, IF ANY. ALL MEMBERS, OWNERS AND
OCCUP ANTS OF ANY LOT OR HOME, AND TENANTS, GUESTS, AND INVITEES
OF ANY OWNER, ACKNOWLEDGE THAT THE ASSOCIATION AND ITS BOARD,
DECLARANT, OR ANY SUCCESSOR DECLARANT DO NOT REPRESENT OR
\V ARRANT THAT: (a) ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM
FTL 86894 4
40
SYSTEM OR OTHER SECURITY SYSTEM, IF ANY, DESIGNATED BY OR
INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY DECLARANT OR
THE COMMITTEE MAY NOT BE COMPROMISED OR CIRCUMVENTED, OR (b)
THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER
SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR
PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH
MEMBER, O\VNER AND OCCUPANT OF ANY LOT OR HOME, AND EACH
TENANT, GUEST AND INVITEE OF AN O\VNER, ACKNO\VLEDGES AND
UNDERST ANDS THAT THE ASSOCIATION, ITS BOARD AND THE COMMITTEE,
DECLARANT, OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND
THAT EACH MEMBER, OWNER AND OCCUPANT OF ANY LOT OR HOME, AND
EACH TENANT, GUEST AND INVITEE OF ANY MEMBER OR OWNER ASSUMES
ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS OR HOMES, AND TO
THE CONTENTS OF LOTS OR HOMES AND FURTHER ACKNOWLEDGES THAT
THE ASSOCIATION, ITS BOARD AND THE COMMITTEE, DECLARANT, OR ANY
SUCCESSOR DECLARANT HAVE tv1ADE NO REPRESENTATIONS OR
WARRANTIES NOR HAS ANY OWNER, rvIErvIBER, OCCUPANT, TENANT, GUEST
OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES,
EXPRESSED OR HvWLIED, INCLUDING ANY WARRANTY OF rvIERCHANT ABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR
BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOM1v1ENDED
OR INSTALLED, IF ANY, OR ANY SECURITYrvIEASURES UNDERTAKENWITIllN
THE PROPERTY.
Section 15. COVENANT RUNNING WITH THE LAND. All provisions of this
Declaration shall, to the extent applicable and unless otherwise expressly provided herein to
the contrary, be construed to be covenants running with the Lots and Homes and the Property
and with every part thereof and interest therein, and all of the provisions hereof shall be
binding upon and inure to the benefit of the Declarant and subsequent O\vner(s) of the
Homes, Lots, and Property or any part thereof, or interest therein, and their respective heirs,
successors, and assigns. However, the same are not intended to create nor shall it be
construed as creating any rights in or for the benefit of the general public, unless specifically
provided herein to the contrary. All present and future Owners, lessees, and occupants of the
Lots and Homes shall be subject to and shall comply \vith the provisions of this Declaration
and such Articles, Bylaws and applicable rules and regulations as exist and may from time
to time be amended. The acceptance of a deed of conveyance to a Lot, or the entering into
a lease of or occupancy of a Home, shall constitute an adoption and ratification by such
Owner, lessee, or occupant of the provisions of this Declaration, and the Articles, Bylaws,
and applicable rules and regulations of the Association, as they may be amended from time
to time. In the event that any easements granted herein shall fail for want of a grantee in
being or for any other purpose, the same shall constitute and be covenants running with the
land.
Section 16. NO PUBLIC RIGHT OR DEDICATION. Nothing contained in this
Declaration shall be deemed to be a gift or dedication of all or any portion of the Association
Property to the public, or for any public use.
FTL 86894.4
41
Section 17. NO REPRESENT A nONS OR WARRANTIES. NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, HAVE BEEN GIVEN OR
MADE BY DECLARANT OR ITS AGENTS OR ENlPLOYEES IN CONNECTION WITH
ANY PORTION OF THE ASSOCIATION PROPERTY, ITS PHYSICAL CONDITION,
ZONING, COl\1PLIANCE WITH APPLICABLE LAWS, FITNESS FOR INTENDED USE,
OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION,
NfAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION THEREOF,
EXCEPT AS SPECIFICALL Y AND EXPRESSL Y SET FORTH IN THIS
DECLARATION.
FTL:86894:4
- 42
IN WITNESS WHEREOF, this Declaration has been signed by Declarant and joined
in by the Association on the respective dates set forth below..
WITNESSES AS TO DECLARANT: DECLARANT:
G.L. HOMES OF BOYNTON BEACH II
CORPORATION., a Florida corporation
Signature
By:
Alan Fant, Vice President
(SEAL)
Print Name
Signature
Print Name
WITNESSES AS TO ASSOCIATION:
NAUTICA SOUND HONffiOWNERS
ASSOCIATION, INC, a Florida
corporation not for profit
Signature
By:
Alan Fant, Vice-President
Print Name
Signature
(SEAL )
Print Name
FTL:86894:4
43
ST ATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was ackno\vledged before me by Alan Fant, the Vice President ofG.L. HO'NIES
OF BOYNTON BEACH II CORPORATION, a Florida corporation, freely and voluntarily
under authority duly vested in them by said corporation, and that the seal affixed thereto is
the true corporate seal of said corporation. ALAN F ANT is personally known to me or has
produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of September, 1995.
Notary Public, State of Florida at Large
Typed, Printed or Stamped Name of Notary
Public
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by ALAN F ANT, the Vice-President ofNAUTICA
SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not for profit,
freely and voluntarily under authority duly vested in him by said corporation, and that the
seal affixed thereto is the true corporate seal of said corporation. ALAN F ANT is personally
known to me or has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this_
day of September, 1995.
Notary Public, State of Florida at Large
Typed, Printed or Stamped Name of Notary
Public
My Commission Expires:
FTL:&6&944
44
,", f, ,.
EXHIBIT A
Legal Description of Property
FTL:86894:4
.. I, r
EXHIBIT B
Le~al Description of Additional Propertv
FTL:86894:4
" " r
EXHIBIT C
Articles of IncoI'poration of
Nautica Sound Homeowners Association. Inc.
FTL:86894:4
.. " r
EXHIBIT D
Bvlaws ofNautica Sound Homeowners Association. Inc.
FTL.86894:4
. ,
FTL:868944
. - .-.. ..------
- .
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LOT - AREA
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1 - 5565.68
2 - 5742.78
3 - 5567.58
4 - - ...AI '5'i~~ . " Z.
5 - !If'.JT ~4-?4-. I ()
6 - 5065.11
7 - 5065.11
8 - 5065.11
9 - 5065.11
10 - 5065.11
11 - 5065.11
12 - 5775.19
13 - 5065.82
14 - 5065.11
15 - 5065.11
16 - 5065.11
17 - 5065.11
18 - 5065.33
19 - 6838.54
20 - 7047.47
21 - 7029.04
22 - 5511.00
23 - 5511.00
24 - 7315..00
25 - 5614..75
26 - 7539..36
27 - 5912.55
28 - 7411.29
29 - 12633..00
30 - 9327.42
31 - 11446.30
32 - 9743.10
33 - 5504.40
34 - 6663.05
35 - 8435.99
36 - 9039.05
37 - 6833.26
38 - 7175.15
39 12116..82 - c:
40 - 10685..16
41 - 12762.76
42 - 12375.55
43 - 704B.87.
44 - 781B.47
45 7527.68
46 - 7214.42
47 6901.16 , """,' ..-
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49 6587.9) , .
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49 - 7754.51 ......~...._..:,..._.,';..=.........;: _:_;,'j _ :!"~,.L_."":";;'. ~ ;..:....
.. - .
50 6262.50 :"H.:':'_" - .~~, "
51 6262.50 .,
52 6262.50 ,
53 - 6262.50
54 - 6262.50
55 - 6262.50
56 - 6262.50
57 - 6262.50
58 - 6262.50
....".,
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59 - 6262.50
60 - 6262.50
61 - 6363.50
62 - 6262.50
63 - 6262.50
64 - 6362.50
65 - 6262.50
66 - 6262.50
67 - 6669.55
68 - 7359.12
69 - 9266.35
70 - 7745.82
71 - 6264.01
72 - 6262.50
73 - 6303.66
74 - 6799.02
75 - 7591.38
76 - 8387.75
77 - 8916.03
78 - 7772.20
79 - 7315.00
80 - S511.00
81 - 5511.00
82 - 5511.00
83 - 5511.00
84 - 5625.37
85 - 8173.71
86 - 8221.66
87 - 6565.79
88 - 102~8.70
89 - 10953.50
90 - 7517.38
91 - 5i71.05
92 - 7990.96
93 - 5519.51
94 - 6681.22
95 - 5961.86
96 - 5260.50
97 - 6081.81
98 - 5943.08
99 5382.75
100 - 7106.19
101 - 8059.7"
102 - 6327.80
103 - 8074.16
104 - 5513.81
105 - 7383.17
106 - 9072.g2
107 6349.73
108 - 9257.50
109 - 7423.53
110 8507.66
111 14360.!55
112 8678.50
113 - 5844.42
114 - 6168.20
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116 - 5886.16
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135 - 5888.87
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142 - 10187.43
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SJ+oWI U c:. SURVEY NOTES:
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SHEEI.
~~1'. PALM
20F.3
tlU
In those cases where easements of different types cross or
otherwise coincide, drainoge easements shall have first
priority, utility easements shall have second priority.
access easements sholl have third priority, and 011 other
eosements sholl be subordinate to these with their
priorities being determined by use rights granted.
2.
Building ond site regulations ore regulated by the city of
BO)lrlton Beach code of ordinances and the approved master plan
3.
No building or any kind of construction or trees or shrubs
shall be placed on a utility easement without prior written
consent of all easement beneficiaries and all applicable
County approvals or permits as required for such
encroachments. [l<e1uding those trees. shrubs and other
landscaping as shown on the Master Plan, Site Plan, or Plot
Development Plans.
4.
Approval of landscaping on utility easement. other than
water and sewer. shall be onl y with approval of all
utilities occupying same.
5.
Bearings shown hereon are relative to the plot of "OUAll
LAKE WEST AND TRACTS ONE AND TWO" based on the North line
Tract 6 of said plot bearing N 89 18' 10" E
6. . - indicates 4" l< 4" )( 24" Permanent Reference
Monument .marked No. 5005.
7. U.E. - indicates utility easement.
8. D.E. - indicates drainage easement.
9. P.C.P. - indicates Permanent Control Point (nail in brass
survey cap).
10. There may be additional restrictions that are not recorded
on this plat that may be found in the Public Records of Palm
Beach County.
11. All invasive exotic plant species (Australian Pine.
Melaleuca. Brazilian Pepper. and non-native ficus species
shall be removed with the boundaries of this plat.
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