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REVIEW COMMENTS RESOLUTION NO. 90- N N ^' '" ,.j A RESOLUTICN OF THE CITY OF BOYN'ION BEACH, FLDRIDA, APPROVIN:; THE EINAr., PLAT FOR CARRIl\GE HCMES OF CONGRESS LAKES, P.D.D. BEI~ A PART OF SECTION 18 and 19, ''''TOWNSHIP 45 SOUTH, RANGE 43 EAST, SITUATED WITHIN THE CITY OF BOYNI'ON BEACH, FLORIDA IN PAlM BEACH COUNTY WHEREAS, surety in the arrount of $956,983.23 is being held according to City Ordinances to insure that subdivision improvements are installed, completed and paid for in accordance with applicable requirements, and, WHEREAS, all fees including the $17,399.70 administration fee has been received. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY CCMv1ISSICN OF THE CITY OF BOYNI'ON BEACH, FLDRIDA: That the plat is hereby resolved to have received final plat approval by the City Cmrnission in the City of Boynton Beach, Florida, with all conditions previously agreed upon and subject subd.ivision is hereby affinned and adopted. PASSED AND AJX)PrED 'TIUS d< / day of ,4U<:B,UST ,1990. -~. CITY OF BO~rn, FLDRIDA -_/~ ///_-,.;f~~A/~ _______ By: .' - ~raYOr. 0 A /" t-- . / {f_jf-~ ce a r -~~ Comnission Member ~~: J U,-kJ C ission Member I/;;; / / - &.~ f/,/....ci. "...L-... Co 'ssion Member A'ITEST: cg(rA'f~qk' ~L"'" Ci Clerk (Corp. Seal) \ 7Cl CARRIAGE HOMES OF CONGRESS LAKES (f.k.a. GERULAITIS MULTI-FAMILY APARTMENTS) NEW SITE PLAN PUBLIC WORKS MEMORANDUM NO. 90-054 RECEIVED TO: JAMES GOLDEN - SENIOR CITY PLANNER MAY 3 1990 PLANNING DEPT" .. FROM: ROBERT EICHORST - PUBLIC WORKS DIRECTOR DATE: MAY 2, 1990 SUBJ: SITE PLAN 0: FLORIDA MOTOR VEHICLE INSPECTION STATION ... Please contact Public Works on final location for dumpster enclosure. ~/ r~ Eichorst - RE: he cc: file v ,. . PUBLIC WORKS MEMORANDUM NO. 90-052 RECEIVED MAy 8 1990 PLANNING DEPT. TO: JAMES GOLDEN - SENIOR CITY PLANNER - - FROM: ROBERT EICHORST - PUBLIC WORKS DIRECTOR DATE: MAY 2, 1990 SUBJ: SITE PLANS - CARRIAGE HOMES OF CONGRESS LAKES Details of compactor location and dimension must be shown. Compactor must be compatible with City of Boynton Beach refuse removal equipment. For information regarding compatibility, contact Robert Eichorst, 738-7424 ~~ RE: he cc:fi1e 7C2 FLORIDA MOTOR VEHICLE INSPECTION STATION AT QUANTUM PARK NEW SITE PLAN AND USE APPROVAL MEMORANDUM .., TO Mr. Jim Golden OAT~ May 8, 1990 "'\.~ ..110M Lt. Dale S. Hammack SU.~~CT Florida Motor Vehicle Inspection Station After having reviewed the plans for the above project I am recommending the following: 1. Close off southern most drive. Have all traffic enter at the north entrance turning south to the inspection l~nes. 2. Directional signage and pavement marking, directing inbound traffic south to the inspection lanes and parking. 3. Parking lot lighting to be photocell activated. 4. Comply with construction security ordinance (5-86) Respectfully submitted, iI Dalj4- Lt. Dale Hammack DR/co ._-----_._._----_.._--~---- CITY of 'BOYNTON BEACH @' '. · · ',' Mailing: · ~..:i Telephone: Post Office Box 310 Boynton Beach, F1 33425~0310 (407) 738-7487 100 E. Boynton Beach Blvd. Boynton Beach, F1 33435 REenrVED <:: ,- vc.P 1 <1 ", ~I ;-' ~ ;.., OFFICE OF.THE CITY ENGINEER PLAN""'I' , <I'd 'JG [',1:.0.:;';- ~. Shallaway, Foy, Rayman & Newell 1201 Belvedere Road West Palm Beach, Florida 33405 September 14, 1990 Attention: Dan Shalloway, P.E. Re: Issuance of Land Developrent Order Carriage Hares of Congress Lakes Dear Mr. Shalloway: Please be advised that this document shall serve as a Land Devel<:pITEnt Order, permitting the applicant for the aoove referenced project to construct those required improvements approved by City Carmission. The required carpletion interval for constructing the required improvements is twenty-one (21) months fran the date of this Land Developrrent Order and special att- ention should be focused on obtaining Building Permits for all other improvements that are not assured by oonds or surety as approved. I recal'lrend that the applicant schedule a pre-construction meeting in order to rreet with site inspectors for the purpose of planning and establishing inspection procedures geared toward moving your project ahead of schedule: Thank you for your continued cooperation in this matter, and congratulations on a job well done. Very truly yours, l~f~4,A~~ cc: J'im Golden ~ Interim Director of Planning J. Scott Miller T' City Manager Mike Haag .,.... Site Developrrent Administrator Engfile LAW OFFICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE 8 O'CONNELL BRUCE G. ALEXANDER F"LETCHER N. BALDWIN, = JERALD S. BEER WILLIAM R. BOOSE, m P.A. JOHN D. BOYKIN PATRICK J. CASEY, P.A. ALAN J. CIKLlN, P.A. CORY J, CIKLIN MICHAEL W, CONNORS ROBERT L. CRANE. P.A. B. JEANE CLARKE F"REDRIC E. EPSTIEN LEE B. GORDON MICHAEL D. GORDON, P.A. MIKEL D. GREENE DONALD H, GUSTAF"SON, JR. 11 September 1990 VIAFAX A PARTNERSHIP INCLUDING PROF"ESSIONAL ASSOCIATIONS LYNDA J. HARRIS. P.A. DANIEL A. HERSHMAN DEBRA A. JENKS BRIAN B. JOSLYN BRIAN T. KING CHARLES A. LUBITZ, P.A. RICHARD L. MARTENS. P. A. LOUIS R. McBANE, P.A. CLAUDIA M. McKENNA MORRIS G (SKIP) MILLER BRIAN M. O'CONNELL. P.A. PHIL D. O'CONNELL. JR.. P.A. CARlA. PODESTA STEPHEN L. SHOCHET SUSAN WILLIAMS LONNIE B. ZANGRILLO PHILLIP D. O'CONNELL, SR. (1907-1987) OF" COUNSEL JOHN L. REMSEN LEWIS M. SANG NORTHBRIDGE TOWER I . 19TH F"LOOR SIS NORTH F"LAGLER DRIVE P.O. DRAWER 024626 WEST PALM BEACH. F"LORIDA 33402-46215 TELEPHONE (407) 832-5900 TELECOPIER (407) 833-4209 James J. Golden, Interim Planning Director city of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Shared Recreational Facili ties Agreement Between Walboyn Development Corporation and Carriage Homes Development, Inc. Dear Jim: Please find enclosed a revised Shared Recreational Facilities Agreement. I have added the sentence we discussed to the end of Paragraph II. By copy of this letter I'm asking Tom McMurrain to obtain the appropriate signatures on the original of the Agreement. Upon receipt of your call indicating it is acceptable, I will have the original Agreement forwarded to you for recordation. If you have any questions, please call me. AJC/ag Attachment ""> .-//Alan RECEIVED ccs: James Cherof Tom McMurrain SEP 12 1990 PLANNING DEfi1'. -~~~ - ----- . l"urthermore, there shall be no charge for use of any courts within the Carriage Homes property. Homes. This Agreement shall be recorded in the Public Records of Palm Beach County, and shall be binding on the parties, their III. heirs and assigns. WALBOYN DEVELOPMENT CORPORATION, a Florida corporation, By: CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation By: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and the County aforesaid, to take acknowledgments, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that ___ they executed same. this WITNESS my hand and seal in the County and State aforesaid day of , 1990. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and the County aforesaid, to take acknowledgments 1 personally appeared I the of , to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that ___ they executed same. this WITNESS my hand and seal in the County and State aforesaid day of , 1990. Notary Public My Commission Expires: 2 I /' .ro LAW OFFICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE Be O'CONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS BRUCE G. ALEXANDER F"LETCHER N. BALDWIN. = .JERALD S. BEER WILLIAM R. BOOSE, m P.A. .JOHN D. BOYKIN PATRICK.J. CASEY. PoA. ALAN .J. CIKLIN. P.A. CORY .J. CIKLIN MICHAEL w. CONNORS ROBERT L. CRANE, P.A. B. .JEANE CLARKE F"REDRIC E. EPSTlEN LEE B. GORDON MICHAEL D. GORDON, P.A. MIKEL D. GREENE DONALD H. GUSTAFSON, .JR. 29 August 1990 VIM AX LYNDA.J. HARRIS, P.A. DANIEL A. HERSHMAN D~"4iA A. .JENKS BRIAN B. .JOSLYN BRIAN T KING CHARLES A. LUBITZ. P.A. RICHARD L. MARTENS, P. A. LOUIS R. MCBANE. P.A. CLAUDIA M. McKENNA MORRIS G. (SKIP) MILLER BRIAN M. O'CONNELL. P.A. PHIL D. O'CONNELL. .JR.. P.A. CARl A. PODESTA STEPHEN L. SHOCHET SUSAN WILLIAMS LONNIE B. ZANGRILLO PHILLIP D. O'CONNELL, SR. (1907 -lga7) OF' CDUNSEL ..JOHN L. REMSEN LEWIS M. SANG NORTH BRIDGE TOWER I . 19TH FLOOR 515 NORTH F"LAGLER DRlVE P.O. DRAWER D2.U~2e WEST PALM BEACH, FLORIDA 33040a..usa8 TELEPHONE; (407) 832.5900 TELECOPIER (407) 833.4209 James Cherof, City Attorney City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435-0310 James J. GOlden, Interim Planning Director City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Shared Recreational Facilities Agreement Between Walboyn Development Corporation and Carriage Homes Development, Inc. Dear Jim and Jim: I received Jim Golden's memorandum of August 28, 1990. I have modified the Agreement as he has requested. The Agreement now states: 1. That there are two (2) tennis courts set aside for the exclusive use of the residents of Carriage Homes. 2. That any tennis courts so set aside for the exclusive use of Carriage Homes, or otherwise existing on the Carriage Homes property, shall be without charge to the residents. 3. That the Agreement shall be recorded in the Public Records. I believe this satisfie~ the requirements set <forth in. ,J,im, flJ?Jt4,en' s memorandum. Please reV1ew the Agreement attached ~~l~ i!tllGW if you have any further comments. If not, I will ~~te it gets executed and recorded in the Public Records at your direction. HJ6 S 1 19j':J "1- WN-h~l,' \J f.:1)L . ","".,11 .... ~ James Cheroff, City Attorney James J. Golden, Interim Planning Director City of Boynton Beach 29 August 1990 Page Two Thanks for your cooperation. AJC/ag r ',- Attachment cc: Thomas McMurrain w/attachment PREPARED BY & RETURN TO Alan J. Ciklin, Esquire BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE & O' CONNELL 19th Floor - Northbridge Centre 515 North Flagler Drive West Palm Beach, Florida 33401 SHARED RECREATIONAL FACILITIES AGREEMENT THIS AGREEMENT made this day of , 1990 by and between WALBOYN DEVELOPMENT CORPORATION, a Florida corporation, owner of property described in Exhibit "A", hereinafter referred to as the "Tennis Resort"; and CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation, the owner of property described in Exhibit "B", hereinafter referred to as "carriage Homes". WITNESSETH WHEREAS, the Tennis Resort will have a number of tennis courts available, and has agreed to set aside and reserve courts for the exclusive use of Carriage Homes; and, WHEREAS, carriage Homes will use th~ tennia courts reserved for it to satisfy its recreational requirements in the City of Boynton Beach, without cost to its residents. NOW THEREFORE, for good and valuable consideration, the parties agree as follows: I. The Tennis Resort agrees to reserve two (2) tennis courts for the exclusive use of the residents of Carriage Homes. The parties agree to designate the tennis courts reserved for Carriage Homes with the appropriate signage. II. Any tennis courts either used exclusively by Carriage Homes as set forth herein, or located within the Carriage Homes property, shall be without charge to the residents of Carriage Homes. III. This Agreement shall be recorded in the Public Records of Palm Beach County, and shall be binding on the parties, their heirs and assigns. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above. WALBOYN DEVELOPMENT CORPORATION, a Florida corporation, By: CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation By: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and the County aforesaid, to take acknowledgments, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that ___ they executed same. WITNESS my hand and seal in the County and State aforesaid day of , 1990. this Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and the County afo~esaid, to take acknowledgments, personally appeared , the of , to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that ___ they executed same. this WITNESS my hand and seal in the County and State aforesaid day of , 1990. Notary Public My Commission Expires: 2 __ Shalloway, Foy, __ Rayman & Newell, Inc. February 26, 1990 Mr. Jim Golden Planning Department City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425 RE: CARRIAGE HOMES OF CONGRESS LAKES TRB SUBMITTAL SFRN PROJECT 189108 Dear Jim: We are hereby submitting the following information for site plan and preliminary plat approval from the Technical Review Boards. Please find enclosed the following information: 1. six (6) set each of: a. Construction plan and detail. b. site plan with building plans. c. Landscaping plans. d. Fire flow calculations with domestic water demand calculations. e. Preliminary plat. f . Survey. g. site lighting details and plans. 2. site plan approval application. 3. Check No. 3269 in the amount of $350.00 for site plan approval. 4. Check No. 3270 in the amount of $500.00 for preliminary plat approval. Should you have any questions, please call the undersigned at (407)655-1151. #Z~ Alex Garcia AG/ar Encs. Engineers. Planners. Surveyors 1201 Belvedere Road, West Palm Beach, Florida 33405 Tel. 407/655-1151 Fax 407/832-9390 Suite 340, 900 East Ocean Blvd.. Stuart, Florida 34994 Tel. 407 /286-3223 .~. .~ ~ --"'- . W_',;"""'<"\'<Iill;6,J..., . ...~,....,........:a.~~..Co;I)'~ .....~, . Shalloway, Foy, ~ Rayman & Newell, Inc. April 6, 1990 vincent Finizio, Acting Asst. to City Engineer City of Boynton Beach Engineering Department P.O. Box 310 Boynton Beach, FL 33425-0310 HE: CARRIAGE BOMES SFRM PROJECT 189108 Dear Mr. Finizio, I would like to thank you for your cooperation and helpful attitude. As I pointed out to you in our meeting, it is extremely important that we have our plat filed by mid July so that our client does not lose his financing commitment. We had suggested filing a Boundary plat, then filing easements by separate instrument to streamline the process. You assured us, however, that we could go through th~ regular platting process (including easements) simultaneously with site plan approval. with that in mind there was no reason we could not be on the June 5th, 1990 commission Agenda for final plat approval. This was conditioned on us doing the following: RECEIVED 1. Submi tting a complete set of Engineering Construction Plans and plat by April 20th. 2. Responding quickly to your comments to those plans. 3. Posting a Bond or Letter of Credi t for utilities, Lighting, Recreation, and turn lanes (Bonded improvements) prior to the Board Meeting. Again thank you for your cooperation and assistance. Very truly yours, APR 1 0 1990 PLANNING DEPT. ~kJ K. Dan Shalloway, P.E. President K-BS It h"L cc :......., Engineers. Planners. Surveyors 1201 Belvedere Road. West Palm Beach. Florida 33405 Tel. 407/655-1151 Fax 407/832-9390 Suite 340, 900 Ealt Ocean Blvd., Stuart, Florida 34994 Tel. 407 /286-3223 M E M 0 RAN DUM TO: Chris Cutro Planning Director DATE: September 17, 1992 FROM: Sue Kruse City Clerk RE: Resolution #R92-156, R92-161, R92-166 Attached please find copies of the above mentioned resolutions which were approved at the City Commission meeting held on September 15, 1992. .~ ~1 J Sue Kruse Attachment /mas . . RECEIVED SEP 18 ... PL^NiNtNG DEPT. -.- fA J..A P,'-4) , tJ-l, ----- -- - CITY of BOYNTON BEACH ~ Mailing: ~ Telephone: Post Office Box 310 Boynton Beach, F1 33425-0310 (407) 738-7487 100 E. Boynton Beach Blvd. Boynton Beach, F1 33435 OFFICE OF THE CITY ENGINEER August 23, 1990 Sha11oway, Foy, Rayman & Newell, Engineers-Planners-Surveyors 1201 Belvedere Road West Palm Beach, Florida 33405 Inc. RE: FINAL PLAT APPROVAL CARRIAGE HOMES OF CONGRESS LAKES Dear Mr. Shalloway: The City Commission, during their regular August 21, 1990 meeting, approved by resolution, the final plat submission for the above referenced project. Please be advised that a Land Development Permit will not be issued by this office until the developer complies with all staff comments and conditions of approval. When sign-off occurs, please notify this office and I will immedi- ately prepare the Land Development Permit. Thank you for your cooperation in this matter. Very truly yours, CITY OF BOYNTON BEACH II L. . ~. .--\:. ,A ~-0r- Vincent'A. Finizio ~ Administrative Coordinator of Engineering VAF/ck cc: J. Scott Miller, City Manager Jim Golden, Interim Director of Planning " RESOLUTION NO, 92-156 'I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REDUCTION OF THE IRREVOCABLE LETTER OF CREDIT NO, 702443 I N THE AMOUNT OF $ 491 , 694 . 75 FOR THE PROJECT KNOWN AS CARRIAGE HOMES OF CONGRESS LAKES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Beach, Florida, reduction of the ; 'pro j ect known as ,'follows: City Commission of upon recommendation Irrevocable Letter Carriage Homes of the City of staff, of Credit Congress of Boynton authorizes for the Lakes as Original Am't ,Survey $ 2,500.00 Water/Waste- water 342,872.00 :;Lighting 112,000.00 'iRecreation 386,340.00 iPff-site 26,272.75 !I Release AIn't $ 2,.500.00 248,582.00 84,000.00 136,340.00 20,272.75 Retained Am't -0- $ 94,290.00 28,000.00 250,000.00 6,000.00 :: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I!CITY OF BOYNTON BEACH, FLORIDA, THAT: ! I I~ Section 1. The City Commission of the City of Boynton i'Beach, Florida, hereby approves the reduction of the Irrevocable ::Letter of Credit No. 702443 for Carriage Homes of Congress Lakes, ::according to the recommendation of staff as outlined above, i Ii Section 2. This Resolution : iimmediately upon passage. ': shall become effective PASSED AND ADOPTED this /~- day of september, 1992. CITY OF BOYNTON BEACH, FLORIDA , I' Ii , II " Mayor ~/c , " ---"-, / ~J,/ ' , ,h:Z{7~d ;:0~'/~;L/ 'y , . ve-"Mayor ,- /", " PZ:?tU'c/~,~:;r/(7:a6L<.~ Cj CO~issioner ~ ~er i I i ~ .1 ii , ii il I, :1 i ! " Ii i IATTEST : Ii ilCity Clerk I Commissioner " "( Corporate Seal) :i "Car, Homes Bnd.Red. 9/15/92 II RESOLUTION NO. R92-/61 I i il ,I I I i , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY HOUSING PARTNERSHIP; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Ii WHEREAS, City Commission at the recommendation of staff, has I:determined it to be in the best interests of the citizens and residents of the City of Boynton Beach, to execute a certain Agreement with the Palm Beach County Housing Partnership for the ,conveyance of vacant City property for infill housing, which :Agreement is attached hereto as Exhibit "A". I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 'CITY OF BOYNTON BEACH, FLORIDA THAT: :1 11 :1 Section 1. The City of Boynton Beach hereby authorizes : ,the Mayor and City Clerk to execute an Agreement between the City :lof Boynton Beach and the Palm Beach County Housing Partnership, [lwhiCh Agreement is attached hereto as Exhibit "A". ;j : i Section 2. 'jupon passage. I This Resolution shall take effect immediately /~ day of September, 1992. il PASSED AND ADOPTED this CITY OF BOYNTON BEACH, FLORIDA dzj~ !(/;LC~ Maio j f ~.-7 it ----- '1:1 / --</- .. (~ /,,/ I i 'ATTEST: i i~~W~/ rft - Clerk I (Corporate Seal) I !PBCHP. InFill '19/10(92 f o . er! " ~~ Commissione !I " ,j !l :1 :1 'I ! RESOLUTION NO, R92-/~~ I: " , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING REDUCTION OF THE LETTER OF CREDIT FOR THE BLUM PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, at the request of the developer, and upon the recommendation of staff, desires to reduce the Letter ! of Credit drawn on Bankers Trust Co, in the original amount of $165,000.00 by $145,000.00 for the Blum Plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: d Section 1, The City Commission of ;1 Boynton Beach, Florida, hereby authorizes II reduction of the Letter of Credit drawn on ':1' Co. in the original amount of $165,000.00. Section 2. That this Resolution :i effective immediately upon passage. the City of a $145,000,00 Bankers Trus t shall become !I " PASSED AND ADOPTED this /~- day of September, 1992. CITY OF BOYNTON BEACH, FLORIDA ~ ~ :1 I ,I :i I I I I I I I ~ !V/L---'~ Mayor ~~ ~C- i I :: ATTEST: ii~/ /J_____~ i ~~,~~ ! Ci Clerk I (Corporate Seal) Blum Plat Red.L/Credit 9/11/92 II , " il ii MEMORANDUM TO: Vincent Finizio, Admin Coord of Engineering FROM: James J. Golden, Interim Planning Director DATE: August 21, 1990 SUBJECT: Carriage Homes of Congress Lakes - Preliminary Plat Please be advised that there are still some outstanding comments concerning the above-referenced request which should be incorporated in connection with final plat approval (see attached memo from Tambri Heyden). .~~~ . GOLDEN JJG:frb Enc MEMORANDUM TO: James Golden Interim Planning Director FROM: Tambri J. Heyden Assistant City Planner DATE: August 20, 1990 SUBJ: Carriage Homes at Congress Lakes PUD - Final Plat File no. - 429 (Preliminary plat) Please be advised that the request for final plat approval of the above-referenced project is on tomorrow night's City Commission meeting agenda. Our department has never signed-off on the final plat as has been the procedure in the past for processing final plats. There is one minor comment outstanding on the plat and I have had no communication that it has been resolved. I have been informed that the Building Department also has outstanding comments for which they have not signed-off. Your assistance in this matter and the sign-off procedure for final plats is appreciated. ,n -d~1L 9:,~:;y/f-/ Tambri J. eyde tjh A:CariagFP xc: Mike Haag MEMORANDUM TO: James Golden Interim Planning Director FROM: Tambri J. Heyden Assistant city Planner DATE: August 20, 1990 SUBJ: Carriage Homes at Congress Lakes PUD - Final Plat File no. - 429 (Preliminary Plat) Please be advised that the request for final plat approval of the above-referenced project is on tomorrow night's city Commission meeting agenda. Our department has never signed-off on the final plat as has been the procedure in the past for processing final plats. There is one minor comment outstanding on the plat and I have had no communication that it has been resolved. I have been informed that the Building Department also has outstanding comments for which they have not signed-off. Your assistance in this matter and the sign-off procedure for final plats is appreciated. =~~~ .7Jj/dLn/ Tambri J. H den tjh A:CariagFP xc: Mike Haag STAFF COMMENTS CARRIAGE HOMES OF CONGRESS LAKES (f.k.a. - GERULAITIS MULTI-F&~ILY APARTMENTS) PRELIMINARY PLAT BUILDING DEPARTMENT: See attached memo ENGINEERING DEPARTMENT: See attached memo UTILITIES DEPARTMENT: See attached memo PLANNING DEPARTMENT: See attached memo BUILDING DEPARTMENT MEMORANDUM NO. 90-170 May 2, ,1990 FROM: Timothy Cannon, Interim Planning Direc~tr Don Jaeger, Building & Zoning Director, Michael E. Haag, Zoning & Site Developme t Administrator TO: THRU: RE: PRELIMINARY PLAT - CARRIAGE HOMES OF CONGRESS LAKES Please include the following statements in the note section of the plat document: 1. There shall be no buildings placed on the easements. 2. The building setbacks lines shall be as required by the City of Boynton Beach Zoning Regulations. MEH:bh XC: Don Jaeger CARRIAGE.SDD ENGlNEERIN3 DEPAR'IMENr MEMORANDUrvI NO. 90-112 April 24, 1990 TO: J. Scott Miller City Manager FRCM: Vincent A. Finizio Acting Assistant to the City Engineer RE: T .R.B. Carrrents Preliminary Plat - Carriage Hanes of Congress Lakes Shalloway, Fay, Rayman & Newell, Inc., Engineers-Planners In confonnance with the City of Boynton Beach, Code of Ordinances, Appendix "C" "Subdivision and Platting" regulations, Chapter 19, Section 19-17 "Plan Required", Site Plan Review and Approval and Boynton Beach Parking Lot Regulations, Article X, Section 5-142 "Required nrproverrents", the applicant for the above referenced project shall sul:mit the follCM"ing technical data, infonnation and plan corrections: 1. The plat docurrent cover sheet requires addition of the Honorable Mayor, Mr. Gene Moore, to the signature block area. Appendix "C", Article VIII, Section 6D 13 (d) "Mayors Approval, Signature Block and Date Required". 2. Continuous concrete sidewalk along entrance roadway shall be constructed along the entire roadway length and be tied into the existing Congress Avenue pedestrian circulation system. Appendix "C" , Subdivision and Platting Regulaticns, Article IX, Section II, "Sidewalks", Chapter 22, Section 22-25 "Sidewalks Required". 3. Provide an arrended South Florida Water Managerrent District SUrface Water Managerrent permit and a Palm Beach County permit to construct within public rights-of-way. Chapter 19-17 (k) "Technical Data and Engineering Information". 4. Provide Surety in an amount equal to 110% of the Engineers "Opinion of Costs" including monies in the amount of 2% of the total cost of Bcnded nrprovrrents, made payable to the City of Boynton Beach, Florida. Appendix "C", Section 7A2 "Surety". ~..-:* A,~: -v~-d"- Vincent A. Finizio VAF/ck cc: Jim Golden, Senior City Planner"'" ~ MEMORANDUM Utilities #90-289 TO: Timothy Cannon Interim P,lanning Dir~ctor FROM: John A. Guidry Director of Utilities DATE: May 2, 1990 SUBJECT: TRB Review - Carriage Homes of Congress Lakes Pre limi nary Plat We can approve this project subject to the following condition: Easements must extend around fire hydrants, dmt bc: Michael Kazunas PLANNING DEPT. MEMORANDUM NO. 90-119 TO: Chairman and Members Planning and Zoning Board THRU: Timothy P. Cannon ~ Interim Planning Director FROM: Tambri J. Heyden Assistant City Planner DATE: May 4, 1990 SUBJECT: Carriage Homes of Congress Lakes (f.k.a. - Gerulaitis Multi-family Apartments) Preliminary Plat - File No. 429 Please be advised of the Planning Department's comments with respect to the above-referenced request for preliminary plat approval. 1. The plat does not reflect required dedication of right-of-way for N.W. 22nd Avenue (54 feet from centerline). Palm Beach County Thoroughfare Right-of-Way Protection Map. 2. Provide a key on the plat cover sheet for the abbreviations used on the plat document for reference purposes. 3. The City's consulting engineer should be consulted to determine whether it is valid to add new dedication language to the plat document which relates to land outside of the referenced plat boundaries (an off-site access easement is shown on the plat). 4. The utility easement language on the plat cover sheet does not specify to whom this utility easement is dedicated. Appendix C, Article VIII, Section 13. 5. Appendix C-Subdivisions, Platting, Article X, Section 6(A) states, "Utility easements and drainage easements shall not be combined. Where crossings occur, drainage easements shall take precedent." The utility easements and drainage easements are shown combined on the plat document. J ~~ TAM~ E~DEN TJH:cp A:PM90-119 .~.. ~: i ~. :IN, ,J< u.~ IJ 1 7/ ~ .~ \S '}l1 ?\\\ ir\. .'0 . .,toO, "800 1/4 .\ MILES, ..- LltJ ~ ~ '4 :ll. ~ V) If} ~. II" ~- -~~ "', V ~l . 'i'~ ,. il'v. .\ . , 1600 fEaT .-. to . ". .. "" ..-- -" .' /,... . --)~, ., :;~ \ \'1 i h"1 I'j', j'iii- q \- . : ~ ,';:j IT I I I I '- C~""I :' ....... ~ ,... ..- -_, l- . ~ ~.... ~ ~ ...., ,I- loi- " ,\- l-' r-'l : L- '""' . \ ,'-~ yo", E .!- i-H f " l~~&, :f-~....t:l ~'.' y-^"{~C;- 1..-..... . , 'lC' .A '{ .A, · - '-- \~ ~ '"(" ..lI .. .....l--I . , \Y'\. Y"A I- ~H . ,...... '(. ~ . "W'~., ~ ~'\:~ !- \'\1'-;:'" '-1..1 \ " :_:11 -llTll \ 1- \,.J..J.( ;- Ft ;' I"\U ;!I- ~Il." . ,,.... ~ 'l- . \ "-~,- : ;oj · i-- p.-.... -lift ,!I- L- '- .LJ , \I-'n ~ n ~ .~t:; t: 1 R.3' .11 I II' JJ I 11 L rf1Tl TJ 1-' ""--l' 1 h .L' N I. 'lI" "J:!I l' 1"1 '"' ~. t Ilj y I I ~ . [j I l1.l T ,Hi J 1"\ VI r---:- 'J"" ._..., ... ....... ...,: ';r ..... ,,' .... ..". R1AA',' . , ./: . . 1/ 4 ~:tt-tU;i;: ,-----" ". i 7/ " '-"'1) , <.JV / '.( ) /f !.- 2/' --._~;.-' ~~ L ~<<k ~ ~ ""'."K ~,,~ A ?~~-1/~ / / ,,~~~ ~-,,--- ----~ ,) "~ _1 / ,," , ( / ~'> .J 0--; F~~>-L1 7 ( , .I." ,I. :':,71~'L"tg' .Al/;- WI;:;:, / y~~-- -~---~ pp ~ ~;1&t tl'sk ~JX/o/ftd' )U{UyJrv-e fi !dC,~ ~ /(!tl-iIJ.L.)~ - ,). . ~ #~~,~._~, ~ ~4~~ ..4:- r d:.uG.o;tL- ( 1"~. :'"~~~ , . -)4 41/LU..L"-jU J~ul~ - F6 C, /lVv(' /W1'. ,-(.~ ~; ,r( , ,pu~ 1, --ti~r~{ ~ {- d~lf) I~ ;&A_ ~" /&-r fftIl~,~tr if, - tUi(~Z"~V~ -/t~ U>--- ~t G::-- _,i~_____ v~ (tr~ _-~~__~_ ENGINEERING DEPAR'IMENI' MEMo NO. 90-063 March 15, 1990 TO: J. Scott Miller City Manager FRaJI: Vincent A. Finizio Acting Assistant to the City Engineer RE: T .R. B. Carrnents - Courtesy Review CXlly Carriage Hares/Congress Lakes Preliminary Plat Shalloway, Foy, Rayman & Newell, Inc., Engineers, Planners, Surveyors A courtesy review of the above referenced developnent plans has been conducted by the Engineering Departm2nt, in order to provide infonnation relative to moving the applicant toward canpliance with applicable codes. 1. Provide drainage calculations and a Stonnwater Managerrent Report. Section 5-142 (f) "Drainage" and Appendix "C", SUbdivision and Platting, Article X, Section 5,A,B "Drainage & Stonnwater Treatm2nt". 2. Revise parking stall striping details in conformance with standards set forth in Article X, Parking Lots, Section 5-142 (g) "Striping Stand~s". 3. Roadway asphaltic concrete min:i1mJm allowable thickness is l~". Plans indicate l\i" and shall be revised accordingly. Appendix "C", sub1i vision and Platting, Article X,. Section 10F, "Materials for Roadway Construction". 4. Provide handicap stall and rarrp details. Handicap facilities shall be in proximity to building entrance areas. Article X, Section 5-142 (k) "Handicap Requirerrents" . 5. Delete non-conforming concrete drainage fl1..lITES at stonnwater inlet structures. All inlet structures shall be located in grassed areas in order to facilitate the pre-treabrent of stonnwater. Article X, Section 5-142 (g) "Drainage Standards" and Appendix "C", Subdivision and Platting, Article X, Section 5A,B, "Drainage and Stonnwater Treabrent". 6. Indicate on plans, the placement location of all raised continuous concrete curbing. Article X, Section 5-l42(e), "Curbs" and 5-l42(g) "Curb Standards". 7. Provide section drawing for the lake, detailing depth of lake, bem dimension, slopes etc. Chapter 19, Section 19-17(k) "Technical Data". Provide infonnation regarding the installation of guardrails along roadway sections in proximity to littoral zones (D.O. T. Greenl:xx:>k). 8. Provide a horizontal ilhnnination control plan (photaretrics) depicting maintained illumination levels for all parking, aisle and driveway areas. Article X, Section 5-142(a) "Lighting", Section 5-142(g) "Lighting Standards" and Chapter 19, Section 19-17(g) "Exterior Lighting Standards". 9. Construction details specify stonnwater drainage system "Headwalls" , although none are indicated on the Paving and Drainage Plan. Please clarify. Section 5-142(g) "Construction Standards". 10. Provide a construction section through parking areas and grassed retention (swales) areas. Section 5-l42(g) "Construction Standards" and Chapter 19, Section 19-17(k) "Technical Data". 11. Indicate on plans and on detail sheets, all Traffic Control Devices and associated paverrent markings. Section 5-142 (c), "Required Traffic Control" and Appendix "C", Subdivision and Platting, Article X, Section 16 "Traffic ~ontrol Devices". 12. Provide a construction section for offsite entrance roadway;J):l~~swa.E)s, sidewalks, including sidewalks and bicycle pathways locat~\it~~ p~. Appendix "e", Article IX, Section II, "Sidewalks". WI l' 1990 PLANNING DEPl.. con't..... EN3INEERING DEPARTMENr MEMO NO. 90-063 con 't. 13. Provide Palm Beach County approved construction plans for all off site roadway construction located wi thin County rights-of-way. 14. Recreation area exceeds the property limits of the proposed plat. Recon- cile this conflict with corrected plan details. Chapter 19, Section 19-17(k) "Technical Data". 15. Indicate on plat document all roadway, water, sewer and drainage easements. Appendix "C" Subdivision and Platting, Article X, Section 6, "Easenents". 16. Provide a certified "Engineer Opinion of Costs", for all required improve- ments including costs relative to proposed recreational facilities. Appendix "C", Subdivision and Platting, Article VIII, Section 5,B,4, "Certified Cost Estimates" . 17. The treatment of stonnwater discharged into this plat fran the adjacent trailer park needs to be exhibited wi thin plans and drainage reports. 1\ . . Jr~. . . ~.~ Vincent A. Finizio VAF/ck cc: Jim Golden, Senior City Plarmer"'/ 1 .: " '-<- - I' \i ENGINEERING DEPARTMENT MEMORANDUM NO. 92-183 ( TO: Robert Eichorst, Public Work Director Al Newbold, Deputy Building Official William Cavanaugh, Fire Prevention Officer Pete Pazzella, Asst. to utility Director Lt. Don Thrasher, Police Department John Wildner, Park Superintendent Kevin Hallahan, Forester/Environmentalist Christopher Cutro, Planning & Zoning Director FROM: Vincent A. Finizio Administrative Coordinator of Engineering DATE: July 13, 1992 RE: Carriage Homes of Congress Lakes Request for Performance Bond Reductions Please be advised that the Engineering firm of Shalloway, Foy, Rayman & Newell, Inc. on June 17, 1992, submitted to this office a request for reduction of surety for the above referenced project. Attached for your review and consideration, please find attachments submitted by the applicant, reference work completed and work remaining. Within ten days of receipt of this memorandum, please provide to this office a written approval or written objection to the reductions. Should your office object to releasing the performance bonds in the amounts specified within the Engineer's June 17, 1992 letter and attachments, please indicate your areas of concern specifying the action needed to be taken by the applicant in order to ensure a timely reduction of the subject surety. Thank you in advance of your anticipated cooperation in this matter. -- 1tECEIV1ID~ VAF/ck cc: J. Scott Miller, City Manager Richard Staudinger, Gee & Jenson Mike Sewell, Engr. Inspector/Action JUl 18 "'- PLANNING DEPT.. - attachment: June 17, 1992 Engineer of Record Cost Estimate Recreation Cost Estimate Survey Estimate Water Distribution Estimate Wastewater System Estimate ,- _ Shalloway, Foy, . ~ Rayman & Newell, Inc. Michael Kacunas, P.E. City Engineer City of Boynton Beach P.O. Box 310 Boynton Beach, Fl 33425-0310 RE: CARRIAGE HOMES SFRN PROJECT 189108 Dear Mr. Kacunas: June 17, 1992 ,-~~tC'.l' ':...-' ~_~.L. ..~~;,~.., ~\~;~~'~;?'\ ~<t.. ~(J . '!"~ "r.:'~'... 7 <::::> Ce.'~'l .' ~ '. d >- -OS .-,~~~' . \ )0- ~'f\ \~ "t - I ~5 ~'-S'\\:~ -' ~-:: ~ ," /1 ,\. - ~(,.,.f.> S 'J" \? "^ ~~~.." <.. .... ." 'U": c,1: \, OJ- vV:-.' . , :.:: >". I\trON B~I" . . '/ ", I" , " ' '-"'" / ?', ..., ,/ . .-.:::..::..... We respectfully request a reduction of the surety for the aforementioned project. original Cost Estimate Survey (PCP, PRM) * Water * Wastewater Lighting Recreation ** Offsite Roads Subtotal 10% Bond Total $ 2,500.00 $192,850.00 $150,022.00 $112,000.00 $386,340.00 $ 26,272.75 $869,984.75 86,998.48 $956,983.23 Work Completed $ 2,500.00 $192,850.00 $150,022.00 $ 87,000.00 $257,000.00 $ 26,272.75 $720,644.75 $720,644.75 Work Remaining -0- -0- -0- $ 25,000.00 $129,340.00 By County $154,340.00 $154,340.00 * Water and wastewater systems have been certified and accepted by the city of Boynton Beach and Palm Beach County Health Department. l'Asbuilts" and DER certification forms are on file at the City of Boynton Beach utility Department. ** Palm Beach County is in the process of widening N.W. 22nd Avenue. Our client paid the County directly for these improvements which are being constructed under County contract. We request a reduction in the amount of $720,644.75. 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'. ~TUL:"22'92\WED ., . ~ \ . \ \ i 13:22 p.el I , -" ~ UTILITIES PEPAA'lMENT NO. 9:2 - 290 FRCM: John A. Guidry, utilities Director DATE: July 16, 1992 ro: Vincent Finizio, P.dn1n. coord. of SUBJECT~ Carria.ge Hcmes - Easement abandonment and disclaimer After r::'8vi~ing thll! proposed docment., we question why it is being handled in this fashion. We I<<lUld prefer that the abandonment be handled, as usual, t.hrough the Planning and zenina Dept.. and that the disclairre:r be structured &:s a unilateral action by the develoPe}:'. without:. a signature line for the ci ty ~o "a.gree'.. On our part, we will not accept a hUI of sale for the sewer system that includes the ~elrIer line that lfill be maintained by thll! developer/association. Please r-efer any further: questia"l:!l on this rratter to Peter Manella of this offioe. JAG/PVK be: Peter Mazzella xc: Skip Milar Jim Cheraf File 00. Dept. Fall" RECEIVED JUL. PLANNING DEPT" . \ , - - -t C1 ~, ~ ~ "i \m ~ . . ~ @ ~ % . . , . 8 . , . - - - ~ ~ r= = . . ~ ~ - - f a ~ ~ ;Q ~ , ." en ~ \. .~f ~ :1 1.-. - - - - m ~ r ~ . , ~ ;0 ~ .....r.; 8 8 l' ..;. r;\ '1' '.:..\ - - - - - - - \0 \8 . ~ ~ ~ ~'l 8 8 - - - - - - .~ - ~ ~ r ~ )- ::!: -f~' :::t t-" 0 ~ n ~~ - ~ - - - ;;1m \0 \~ ~ ~ ~: 8 . -l 8 . - - - - - - - f ~ t1 - - ~ ~~n ~ ~ c... ~ Bf,\ - '\ 'J ~ .. ell - - - \% .... - - - - . , I I , , . . . . , r ~ ~ t' I I .' Jt .. 5 ~ ." ~ ~ ;} rr' ~ t p -, ~ .. ~ :z: (:) N . I -c .. .. ~ ~ ~ Vt C) ~. 8 8 ~ .~ ~ @ ~ J .. . . l ,. JUL-22-92 WED 13:23 P.02 MIK1WftD( t1l'ILJT!ES DEP~ NO. 92 - 043 FRCM : Richat"d Staudinger, city En9ineer \. ~ /" John A. Guidr,y, Utilitie. Director \~~ January 31, 19n TO : DATE: SUBJECt' : carriage Hames - EaSement Encroachments We have no objections to the proposed utility easement abandonments, lIB stated in your letter of January 28. 1992J provided that the abandonments are recorded. By COpy of this rnem'J to the Building Official, we request that Bui lding no, 9 not be given a c:, 0, unti 1 such time as the easli!l'rent abandonment is approved by the City Ccmnissioo. Thank you for your assistance in this rnalter, please refer any further questions to Peter Mazzella of this office. J1\GjPVM be: Peter Mazzella xc: Don Jaeger, Building official Michael KaZiunas File JUL-22-92 WED 1~:2~ P.03 . CITY of BOYNTON BEACH @ r , I ~(. ," Utl11tl.. oepa(~nt 124 S. e:. 15th Menue Bc)'I1wn Bear;;h, f'lQdda 3313' (407\ 738-1460 OFFICE OF THE DIRECTOR 0' UTILITIES December 16, 1991 Rhonda Harrell NOt"th South Corp. 1769 North Congress Avenue Boynton Beach, Fl. 33426 Dear Ms. Harrell: SUBJECT: Carri&;9 Ho..a of CongroGs Lakes Eas...nt Conflict a~ Building #9 Th9 Rold HarmlQ6s granted by Carriage Homes Development, Inc. Will not provide sufficient p~otec~1on fer the C1ty. aUlldlng #9, as shown in .ttached dr~win~ sheet 1 of 2, encroaches into this easement both as an overhang and also as a structure in the form of the decorative pillars, City Ordinance, Append1x C, Art VIII. Section 6.0.9 prohiblt5 build1ngs within easements. ' We discussed this matter Ver~ally w1th Shalloway Enq1neering, rep.esented by Mr. Gary Raymond, and suggested several options to resolve the sltuat1on: 1. Replacement of vetrlfied clay pIpe with ductile iron pipe, 2, Llnlnq of the vertr1fied clay plpe with an "1nstu-formlt 11 ne r . 3, Abandonment of the easement .nd transfer of responsibility for repairs to the property own9r. Options one and two above would reduce the likelihood that the City would ever need to work within the easements. However, a Hold Harmless letter would still be required. --_._,-,--_...~..-.,--_._-~-----~ JUL-22-92 WED 13:24 P.04 Rhonda Harrell December 16, 1991 Paqe 2 Option three would resolve the problem by transferring responsibi11ty of maintenance to the owner, We requested. throuqh the Shalloway Engineering. 4 letter clearly statIng the ~eason fer this abandonmsnt so future claims could not be made against the City for repairs, ThasQ optiong still apply and, in the event option one or two is performed. a sUl~able Hold Harmless will be required. In th1s casel tho Hold Harml~ss should be modified to include structures within thg easement ~~d not just structures adjacent to the casemen~ &6 tho eUr~gn~ Hold Harmless states. S1ncerely. BOYNTON BEACH Iqb Attachments xc: Mike ~azunas Brian Lamont VincQ i'inizio file JUL-22-92 WED 13:25 P.05 ,~y- ~/iiJ'- r~ I f" ~~ \ ' ru ' I ft't. . ~o"f rI../ . ~ecember 5/ 1991 To: John Guidry Director of Ut111t1eS Fro.: vince Finizio A.C.E. Re: Easelllent conflict a.t Carriage HeDes of con.gress Lakes Enclosed is a copy of a submittal by North Sorth Corp. to rectify the encroachment of BIde. 9 into a utility easement. Pl~3eQ review and correspond directly with North south Co~p, 0.8 to this submittals acceptability. When a final agreement is ree.ched please ch~ck with thQ City Attorney as to it IS Ie.gal ~ufficiency and forward the approvQd copy to our office. l \,~ Vince Fi1l1zio Administrative -dinator of Eng1ne~ring ee: Site Development JUL-22-92 WED 13:25 p.ee. n January 281 1992 GEE &.ENSON Englne~rB-ArCl1lleCIB - p'nnQ:c.lnc. Mr. Pete Mazella City of Boynton Beach P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425.0310 Re: Carriage Homes Easement Encroachments Dear Pete: Enclosed is a drawing from Shalloway & Foy indicating the two bundings in the last phase of Carriage Homes that encroach on easements. In total. four buildings encroach on easements. Buildinos 9, 10. 22 and 23. Only Building No.9 affects a City facility (the sanitary sewer line). The other three affect private drainage easements not maintaIned by the City. I do not have a problem with the developer abandoning the four easements by sQparate instrument. since only one affects City facilities. Your comments and concur- renoe would be appreciated. Very truly yours, GEE & JENSON ENQINEE S.INC. WRS/cw Ene. as stated 91-025.40 CC~ Vince Finizio . Mike Haag One Harvard Circle. West Palm Beach, Florida 33409.1923 . 407/66;:1-;330; . PAX 407/66li-744e MEMORANDUM FROM: Vincent Finizio, Admin coord of Engineering Tambri J. Heyden, Senior Planner TO: SUBJECT: July 17, 1991 Carriage Homes at congress Lakes - File No. 428 Request to reduce bike path width DATE: Please be advised that a subdivision variance was granted in 1985 to allow what is now called Savannah Lakes Drive as a 24 foot, permanent, access easement rather than as an 80 foot wide i collector as required by the Subdivision Regulations. However, at the time of site plan review of the Catalina Centre Gerulaitis Resort, Carriage Homes and of the original Gerulaitis multi-family project, provision of a continuous 8 foot wide bike path along the entire length of the access road from N.W. 22nd Avenue, south through the commercial properties, to Congress Avenue was discussed and made a condition of each site plan approval. This condition of approval was imposed to meet the intent of the Subdivision Regulations (App.C, Art,IX, Sec. 11) and the PUD regulations (App. B, Sec. 9.A.) to the greatest extent possible to provide adequate pedestrian and bicycle circulation. This condition was considered to be justifiable' due to what has been provided in recent PUD's which is a side~alk on one side and a bicycle path on the other side of a main access road, necessary; owing to the size, type and location of the pr~i~ct, and reasonable in light of the variance which granted wand dedication relief relative to the road however VraerCOigniZed the need for permanent access as a co~dition of the ance. In addition to tho hi t i note that the factors consid~;ed shor ~~l perspective, please for site plan approval have not c~ en d tiS bike path was required bike path. ange 0 warrant a substandard ~ ~k~~ ~.. ..~. TAMBRI . HEY N TJH: cp cc: ChristoPher Cutro 'r. -:' -' -- - ....; :, :; .... J -;. ;.J r- ,- ,... .,,:. ~ ~ Co ~~ ~ .... 'J' - \ -- .. r", -, \ . - ,j ,-0; ,.., \ v 0- -- --: c ...... u tll '=' C. ~ ""' --<'. ,... .... ~' ,- ~; :-'~ ::: () ljl C; S ,;"S. -,:. - -- ,-;. :. <?.. .- ': -:;: ~ ~ ...:i' CT '... ~ C r. ~ :. :":. ... ~, 0 <::. 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'3 ;.. - .- "1".1 \ r<j r'" "7 ~ "Z :J ,.. ~ .t;) ~ ;...:. - ~ o ~ r'\ 0. .... J \ - .- ~ r" (1' .:'J 0.. tll 1Il '}: ~ ~ \I '::f s '. >- ~ .z. <:;: -<. ~ '-' - ..------- \Sl :r o ~ ? Ol ::> c. .1'....... rl .... - ':""~ (j', ~ 'j .... '.Jl eo; ('! ,.... o ::> "0 - .- - - ' ,-;. ,.... n ,~ ~ ~ 0- ..... ::: ::> ::: (j', ~ .-' c- ") J'I ,. -. !. ::> "Z ..=: tn .;. .... ...:, :) !. '=' :.lJ :r ..... 'T'J .... -- '? C- O ::> ~ ,~ :"il (f ::; ',S c; -. ...., r-' ~ ~ 0- ~ 7 r'" 0: ( n o C ? (f --G .1> VI :.n :r o !. '=' r]'l o C. r-t '::f ~ '-' ....., -- ..J CO ..... (? o ~ ~ ..... ." r-' C .... .-' 0- Cl " ~ ? ..!l {il ~ Co ? 0> ('\) .... ';ll \Sl % ro t1l :r CI 1Il .1> vJ VICINITY SKETCH N. T. S., I I ,---..1 (() '-1 ~I o c o U o o in 3: \ ... -.J I . -- I~ -.J 4: Z ~ 4: U r... ~ z 1;; o Co f- ([) Z r bl en 3166'j--' ! ,---.. r-j (J"1 CL .- ..q- ...n n en a:::: o '-'" ....... c (j) E (j) (f) o w I C) en [ I ij ~ \ ~ I \J v ~A:fv'''' ~;-~~ '. "~4' ,. SS 7, l\. ! . '" \. I\.'\, I\" . " .\. " ,,\ ,.:,-'-' \. V -^ , . \.'.... \.\. " " " ..... ~ - --, 130' X 30 I ; L S,- ~ I ~ '. ""'~-, . V i' I L_ L_~'" 11 \-=-~r~:.-~r~,'~, . ~ ACCESS 8- . I ~ I UTI:..IT':' / ffi EASE~ENT I ~ I >- ~ I I- I ~ I / C/rf-P-i 1\&15 {.iotvr E 5 T PI2<oJ E-Cc P/t1i2-71t"E~ b)~5 .... _,,-....;;..cs~ Lc~e5 -- ?'a~ '..~ ~.3 ~6, ~g~ 2::: (3 ~';" " .~~ . .^ ,. :.~ , a4~':"" / ~ /' '" -- , ""-. 2"7 AC':ES3 EA3EME"'- eo J~I~ '7')' 22 :'CCESS B u,IL\;'f / -A" P'E"T ./ t:. ~_,-.. '., -0(') ~ ! I I I P f.,ReEl "E" ':,] .--- -' "-- '- cc.:y-es " CA-TAL-I tV A- CfVJI~- .f1o L.-{ D A~ I ~ r0 '. " .... " '. " ", .'....~... " " '. ...... ,,' "\. __J \. .' // . " V'\. \. ./ \. . "// --------- -i- ~ .~-E: .:.'::E55 ES""'" - ,/.- 20' J!:ity E~e;t(O.""3. 3~9~-g- -....:~ ~,-.;:~~".~-"..,~ '.. " ,~-.::: . ~ '. 6i4 '}~ ~---..- 32,24' !/#' NAIL a DISK -- ON CO"lC P 0 B WINGWALL . . . f >t-J 'j C" 2'52- E 'L (11Ne,(?~~ PLANNING DEPARTMENT MEMORANDUM TO: Pete Mazzella, Assistant to Director Utilities Department FROM: Tambri J. Heyden, Senior Planner DATE: September 18, 1991 RE: Carriage Homes at Congress Lakes - File No. 428 Off-site Utility Easement During a phone conversation with you last November (1990) regarding the above-referenced issue, you informed me that you needed a utility easement dedicated to the City which would cover the utility lines serving Carriage Homes that were to be constructed on the vacant commercial parcel owned by Walboyn. You had stated that you desired this dedication to be incorporated in an instrument separate from the off-site access easement required by our office, still under review, and that you would coordinate receipt of the utility easement. Please inform me as to the status of this easement. /l ~ J~~' . ,~ TAMBRI;;f. HE EN TJH/jm cc: Tom McMurrain Vice President Ocean Properties, Ltd. 1755 N. Congress Ave. Boynton Beach, FL 33426 A:CARRHOME.jm October 9, 1991 fju.Jn ,fl,~Il, ~ r~ ~ BUILDING DEPARTMENT MEMORANDUM NO. 91-376 TO: Technical Review Board Members Christopher cutro Vincent Finizio Ed Allen Ed Hillery John Guidry Bob Eichorst Charlie Frederick Planning Director Admin. Coord. of Engineering Fire Chief Police Chief Utilities Director Public Works Director Parks & Recreation Director FROM: Don Jaeger, Building Official RE: ISSUANCE OF CERTIFICATE OF OCCUPANCY Carriage Homes - Savannah Lakes cEe~h Lakes Drive Clubhouse th construction The above referenced project is nearing completion. Prior to the Building Department issuing the Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending issues concerning this site that must be rectified (excluding issues that are covered entirely with a city approved surety). If the issues are related to permits issued by the Building Department, please provide this department with the permit number and nature of unresolved issues. If the unresolved issues are not permit related, notify the owner or the owners agent to ensure that the issues are rectified. Please respond to Don Johnson, Building Compliance Administrator, within ten (10) days so that we may proceed to issue the Certificate of Occupancy. Thank you for your cooperation and timely response. h:ECEIVED DJ:pm XC: J. Scott Miller J. Broomfield, (CRA projects) Kevin Hallahan, Forester Don Johnson File OCT 10 PLA'NNING DEPT. .~ _. ....-." - .... ,.- .., - A:FINLCOCH.SDD . . c . I . /, ~ . r JJ~ -,..-... ENGINEERING DEPARTMENT MEMORANDUM NO. 92-106 TO: Don Jaeger Building Official FROM: Michael E. Kazunas /1'f ['" ~ City Engineer U DATE: April 29, 1992 RE: Carriage Homes SFRN Project #89108 This Department received the attached request for modification to permit. This Department has no problem with the request but feel it should have been made through the Building Department. We forward to you for the appropriate action, if any. MEK/ck cc: Mike Sewell, Engineering Inspector Chris Cutro, Planning & Zoning Director File RECEIVED .viR 29 PLANNH'\G Ij"f' j.., "'- ~ " - ~.: . '.' MEMORANDUM NO. 185 December 4, 1990 FROM: Tambri J. Heyden, Assistant Planner ~n~ ~ Jay D. Mussman, Assistant City Attorney~~ I TO: RE: Carriage Homes Easement Attached for your information is a copy of a letter I received from Alan J. Ciklin. As soon as I received the revised legal description I will forward a copy to you. 1{ '~"-.;;~'-- '<r~':r.tn ....... 4..J... . ,..h-A ,',U JEC I". ll1tln 'to ..lWo"l'l-,; PLANN!NG DEPT., \.. '"- ... NDV-29-'90 12:08 ID:JOSI~S ~ND GOREN TEL NO:305-771-4923 **838 1'02 j I ,- ..,-, . j ..... .... j I "'v.,.... ". .c"lltNAN, .lit. ..~. .. _~IIl.A".." ", ....,.. Icelt WI ... ... lOOt" II. ,,~ .10 .. O. ......" ". RleM oJ. "UT, ~.... . !If 01. CII''''''. "I.. eo .. -I. .'~lol" , IIf HAl\. W. CO,,-'Ollt, &IU ". C".HI, MA. "'I .......... III "'A'\. D. _"00'" ....... ... e" a. 'flClIoIIt .. ..~". .\o/t,....'fON, ..... ~", 0.. oJ, """..L "oA. I....w 0"10&' 800.. CASIY CIt(LfN L.V.,Tt MAffrENa McBANI a O'CONNILL " ~""NI.""I" ''''eI.VOI~O ..orlll'ONAL ""0014TIO'" I ".W.I..,. O. O'CCNIoIILL, IA. ("07"'.') .....1" .... .. C"'....I\iII.... ~..1Uo .. ",a...". ......'" .. JO~TM I'"'''' t. "IN' ."&MAT .. .....0 CHARI.CI.. L""TI. "A. 10wlN C,l.u""OlltO "'0"'..0 ~ _I'lT&"'., ..... ~WI' It. M"I.u.1t. "A- '''.\,IOIA M. Mllf'l"'''''' "',,,.,,'. O. ~IU" ...,~u:" ."....N .... OCOIIINIL'" ..... '..I\. D, o.CO.....Cll.o oJ.... "". ."'....N WI", "'4141 LONNIE .. "I0IO"'.. 0 - ... ..10/...... .HM>lH L. _aMICI\! UWII ..., .......0 f>IO'IT"."'H&:::::' . f.... ,....1 '" NO,.,.... ,.U.OLIUIl II.' 110 a _e. ~"'W&1t 0."'" , WI I' ~Ar." ~Clf. ,,,Oltll>& ,~O.. ._. "."."f'lOIoll (40'1.3.....QO nL&~IIl. c.~7) *:'3...01 . < , : 21 November 1'90 ,"a D. MU'8l'lan, 'Iquirt ~o la. , Goren ..A. 30 J I. Co~~.tcl.1 loullvard .u t. 200 rt LauderO.le, florid. 3!308 Itt Carria;' HOD" I..oment I JIlt eo.. Thoma. ,. MCMurraint OQ,.n Proptrt1t. Warren RewIll, Shalloway, Inc. ,D' r 3.,. eo ttrmtn9 o~r ttlepbone conYtr.at1on of to4ay" 4ate, r hlv, requ..t ~ w. rln .,wIll, Viol Pr..iOtnt of Ih.l1oway, InQ., tn91n.'r., 0 pr vide . rlvt..4 11'11 d..c~tptlon for the CrOll Aoces, e:a.,men , e1 Mlnatlnt the r.lerence on the l_ia1 to "utility "..ment~t ~8.0 n ..r rtcliva that from him, t wl11 rorwat4 a copy to you, ~n~ to Dl~k er~tobfl'14, 8~ that the 'eyi.o~ Sa.ement mlY be executed an~ reeOt~er' I':yo~ bay, Iftl que.t!on., plea.. don't nt.1tAt. to 0111 ~e. . ; I ! I . I I I i i 1 I I ! I I MEMORANDUM TO: James Cherof, City Atttorney FROM: James Golden, Interim planning Director DATE: August 29, 1990 SUBJ: Carriage Homes of Congress Lakes - File No. 428 Third review of tennis court use agreement Please be advised that the revised tennis court use agreement received August 29, 1990 is unacceptable as it still does not address items 2 and 4 of my previous memorandum to you (planning Department Memorandum No. 90--288, dated August 28, 1990). Regarding item 2, all eight tennis courts are located within the carriage Homes development, zoned PUD, therefore the tennis resort would be sharing 6 of the Carriage Homes tennis courts; the other 2 would be reserved exclusively for the Carriage Homes apartments. Mr. Ciklin's statement that the tennis resort will have a number of tennis courts available and is agreeing to set aside two for carriage Homes is inaccurate. Regarding item 4, the non-profit issue, the residential development cannot derive a profit from the tennis courts utilized by the commercial development. Conversely, the commercial development cannot derive a profit from "court fees" from its members utilizing the tennis courts within the PUD. contrary to Mr. Ciklin's belief, which is based on a misunderstanding of the history of the PUD and the rezoning of part of the PUD to C-3 (that portion which is now the Catalina Center and the future Target store) this restriction is still required. without this restriction, the developer would be extending a non-permitted commercial use into the residential zoning district by building more tennis courts in the PUD than are needed by the PUD, for use by the tennis resort. since this issue has been ignored, revisions are still necessary prior to recordation of this agreement. ~/~- J(jes GOlder tjh A:M3Cariag xc: Tambri Heyden -~L ~ /io PLANNING DEPARTMENT MEMORANDUM NO. 90-334 TO: James Cherof, city Attorney THRU: ~e:b Christopher Cutro, Planning Director FROM: Tambri J. Heyden, Assistant Planner DATE: November 14, 1990 SUBJ: Outstanding responses I respectfully request your assistance in resolving the following outstanding items: 1. Quantum Park, lots 89 A and part of 89 B - executed unity of title 2. Quantum park, lots 41 C and 42 A - executed unity of title 3. Carriage Homes at Congress Lakes - executed temporary access easement Some, if not all, of the above items may be completed and may just be a matter of informing me. Item 3 is of urgency, since the building permit for Carriage Homes is being withheld until this is resolved. With respect to the items that our office has recently been coordinating with you, the Woolbright Place license agreement and master association documents and the license agreement, lease agreement and easement agreement for Lighthouse Square Marina, I assume that your office will retain executed copies. rJ .d~ . 'i'ild.._/ Tambri J. 2:xd~ tjh A:UnfinLeg xc: Carrie Parker Mike Haag Chronological File j '_'i' .:........ -'....;,.; J....,.. --.J":" J .L}" .J ,-1....J J N..:J t'11"'V L1Ur--~r:.j'~ I~L NU:~0~-'((1-4~dJ tt820 P02 MEt.l0RANDUM fROH: J.Scctt Miller, City Manager James A. Cherof, city Attorney TO~ DATE: June 21, 1990 Carriage Homes Site Plan RE: On June 18, 1990, the site Plan for the above-re"ferenc~d projQC!t was unanimously approved by the Community App~arancG Board, subject to Staff comments and reappearance by th9 appU.cant in August on a landscapinq issue. At the Commission meetinq this. past. Tuecday, t,hQ Connnisaion adopted a motion approving the si tt:l. Plan early in the agenda. The property representatives WQr& present and lQft following the approval. Later in the meoting, th~ra wa~ di~oussion regarding several projects, including this one, and thQ Commission tabled the matter for clarification of the lanasoaping requeat of CAB. r Based on thQ for~going, and with the knowledge that the property owner wighQS to proceGd and obtain aign-offs on their site Plan, thQ qUBstion ha~ beGn posed by ~taff whether staff should hold off on prooQssing the Site Plan. It is l'ny opinion that they ~hould not and that the Site Plan should be procBss~q through the t:ign-off prooedure. r reach this opinion based on what may be d~trili'lente.l reliance by t.he property owner on tile action or C':>mmiaoion ond the fact thttt the City' 6 interests are not compromised by proce3sing the site Plan with respect to the lBnd~caping issue. It is my recommendation that the request tor site Plan approval be added to the ~genda for the n8xt special or regular meeting of the Commission so that the :Cormality or approval can be accomplished. LIB lofI LLER cc: Technical Review Board " MEMORANDUM TO: James Cherof city Attorney James Golden j'~' Interim planning Directo ' THRU: FROM: Tambri J. Heyden Assistant city Planner DATE: August 17, 1990 SUBJ: Review of unity of title agreement for Quantum Park, lots 41 C & 42 A and tennis court use agreement and access easement for Carriage Homes at Congress Lakes File nos. 503 and 428, respectively Please be advised that the draft unity of title prepared by Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., for lots 41 C and 42 A within Quantum park, was sent to you August 9, 1990, to satisfy a condition of site plan approval of the aforementioned property (see attached Planning Department Memorandum No. 90-172, item #1). I call to your attention the language in paragraph 1 of this document, pertaining to condominium ownership and am concerned that this clause would be subject to the city's subdivison regulations and may violate the recorded plat for Quantum Park. with respect to Carriage Homes, a draft, temporary access easement was sent to you July 27, 1990, to satisfy a condition of site plan approval (see attached planning Department Memorandum No. 90-120, item #19). I have reviewed a copy of the draft and it appears to cover our concerns. since no one on staff has the expertise to verify the accuracy of the legal description and exhibit, it might be wise to have the City's engineering consultant review the agreement. Another condition of site plan approval of the Carriage Homes project was submittal of an agreement comitting to certain restrictions on the shared use of the tennis courts within the PUD, with the future office building/tennis club planned on an adjacent parcel, zoned C-3 (see attached Planning Department Memorandum No. 90-120, item #18). The applicant, Mr. McMurrain, sent me a letter regarding this issue to serve as their use agreement (see attached letter date July 20, 1990). I am concerned about the enforceability of this letter in the form presented, and whether further clarification is needed to ensure that the shared use of the tennis courts will not violate Appendix B, Section 7.D and E of the Code of Ordinances. TO: James Cherof -2- August 17, 1990 Please notify me when the unity of title and the temporary access easement received by your office are acceptable for recordation, since our department's sign-off of the Quantum Park Manufacturing Building (lots 41 C and 42 A) and carriage Homes projects are pending approval and recordation of these documents. Also, please offer legal advice with respect to the tennis court use agreement, so that I can relay any necessary changes to the applicant. As per my August 16, 1990 telephone conversation with Jay Mussman of your office, I have attached a copy of a standard unity of title form that is disseminated by the Building Department to the public. Please contact me if I may be of assistance in expediting approval of these agreements. ~~~.lJ~k Tambri J. He den · tjh Encs A:LegalRev xc: chron. file MEMORANDUM POLICE # 90-022 TO: Mr. James Golden FROM: Lt. Dale Hammack RE: Carriage Homes of Congress Lake DATE: March 9, 1990 As per our discussion at the Technical Review Board meeting of 6 March 1990, I am recommending the following: 1. Provide stop sign and stop bar at main exit at N.W. 22nd Ave. (City Ord. 5-142C) 2. Provide street names and addressing system. (Public Safety) 3. Comply with Construction Security Ordinance. (City Ord. 5-8G) ~()~~ . Dale Hammack DH/cm RECEIVED MAR'_ PlANN4iNG DEPT. ~ RECREATION & PARK MEMORANDUM #90-122 TO: Timothy Cannon, Interim Planning Director FROM: ~~ Kevin J. Hallahan, Forester/Horticulturist ~~ SUBJECT: Carriage Homes of Congress Lakes - Site Plan DATE: March 8, 1990 1. The lake planting areas should delineate the quantities and sizes of plant materials. 2. The applicant must submit an irrigation and landscaping plan for the portion of the NW 22nd Avenue grass median abutting the site. KJH:ad PLANNING DEPARTMENT MEMORANDUM TO: Jay Mussman, Assistant City Attorney FROM: Tambri J. Heyden, Senior Planner DATE: September 18, 1991 RE: Carriage Homes at Congress Lakes - File No. 428 Temporary Access Easement - comments Please be advised that the copy of the above-referenced legal document forwarded to me by your office (Memorandum No. 91-217) is missing Exhibit "C". Therefore, comments from my previous review of this document remain outstanding until this exhibit is received. In addition, I would like to suggest adding the words "for private road purposes" to the end of the first sentence under *1 - Grant of Easement from Walboyn to Carriage Homes and the City, to further clarify that dedication of an access easement for private road purposes, was a condition of the subdivision variance granted to the property owner by the City Commission on May 7, 1985. During the review of this document together with the Carriage Homes of Congress Lakes plat, recorded last summer, I discovered that the plat dedicated a utility easement over the main access drive within the plat, but did not dedicate permanent access over the main access drive for private road purposes as was required by the 1985 subdivision variance. Can we request that Carriage Homes prepare a separate instrument, at this point, (after the fact) to address this issue? If so, would you please forward to the applicant the attachments I've provided. The highlighted language is the verbiage that appears on the recorded Catalina Centre Plat No.1, the adjacent plat, which also was covered under the 1985 variance, therefore having the same access dedication requirement. /' d~'~.~~ TAMBRI J HEYDE TJH/jm Encl. A: CARRIAGE. JM " . r,Jz /' -...-... ENGINEERING DEPARTMENT MEMORANDUM NO. 92-106 TO: Don Jaeger Building Official FROM: Michael E. Kazunas /If t.?r- City Engineer U DATE: April 29, 1992 RE: Carriage Homes SFRN Project #89108 This Department received the attached request for modification to permit. This Department has no problem with the request but feel it should have been made through the Building Department. We forward to you for the appropriate action, if any. MEK/ck cc: Mike Sewell, Engineering Inspector Chris Cutro, Planning & Zoning Director File RECEIVED _ 29 PLANNJi\jG D' :-) r .... . - MEMORANDUM Utilities #90-164 TO: FROM: Timothy Cannon Interim Planning Dir~tor John A. Guidry Director of Utilities March 9, 1990 ! DATE: SUBJECT: TRB Review - Carriage Homes of Congress Lakes - Site Plan We offer the following comments on this project: 1. Fire hydrant coverage does not meet the 200 foot minimum requirement specified in the City Code. 2. The water main is too close to the buildings in some locations. The minimum allowable distance to buildings is ten feet. 3. Eliminate dead-ends throughout the water distribution system. 4. The off-site water and sewer main locations in the parcel to the southeast are not shown relative to future construction in that site. This is especially critical with the sewer main which could not be relocated easily. 5. The current pumps in Lift Station 719 are rated as follows: 250 gpm @ 80'TDH 15.4 Hp 125 amp main breaker To help us evaluate whether an upgrade of the station is necessary at this time, we request that the project engineer furnish us with expected sewage flow from all undeveloped parcels which will drain to the lift station. If an upgrade is necessary, it will be funded by the developer of this site. 6. Add a note to the effect that the City will own and maintain the main line sewer only. 7. All water services with either end under pavement shall be of type It Kit copper, with ball valves at the main. Ball valves shall have a suitable valve box to grade in accordance with Utilities Department specifications. 8. Show all utility easements. dmt bc: Peter Mazzella Page One of Two BUILDING DEPARTMENT MEMORANDUM NO. 90-088 March 12, 1990 TO: Timothy Cannon, Acting City Planner FROM: Michael E. Haag, Zoning & Site Development Administrator RE: COURTESY COMMENTS FOR CARRIAGE HOMES OF CONGRESS LAKES Upon review of the above mentioned project, the following list of comments have been provided as a courtesy with the applicant's full knowledge that there will be a full review made when the project's site plan is place on a Technical Review Board agenda: 1. On plan, show a minimum 30' setback dimension where proposed project abuts a C-3 zoned property. 2. Correct apartment tabulation data to match the buildings identified on the site plan drawing (building type I actual count is 12 not 11, building type IB actual count is 9 not 10) . 3. Correct the bedroom count on apartment tabulation data to match the floor plan layout for each type of building (building type II actual bedroom layout is 6-2BR and 8-1BR, not 4-2BR and 10-lBR). 4. Provide a typical regular and handicapped parking space detail drawing consistent with the handicapped code and Article X of the City Code of Ordinance. Include the width and length of each type of space, color and size of pavement markings, and location and height of required handicapped parking signage. Incorporate sizes of parking spaces on paving and drainage, horizontal control plan and landscape plan drawings. 5. Show consistency in the location of parking spaces, driveways and sidewalks leading to the entrance to each apartment on all plans submitted. 6. Eliminate the parking spaces shown on all floor plan drawings and identify the location of the garage on all floor plan drawings of buildings that have garages. 7. Show and dimension the location of two (2) parking spaces for each apartment that does not have a garage. Where the required parking space is associated with a parking lot stall, identify and show the location of walkway leading to the entrance to the apartment. 8. Show and dimension the required second parking space for each apartment that has a garage. Include the location, type of material and size of path leading to the apartment entrance. 9. Identify the type of material, width, slope and curb cut, where required, for the required handicapped accessibility walkways leading from the handicapped parking space to the associated apartment entrance. 10. On site plan drawing, show the location of the handicapped accessibility walkway that transverses through the project. Show the walkway connecting to the sidewalk at Northwest 22nd Avenue, the sidewalk at Congress Avenue, the tennis court area and the recreation building. Identify the walkway material, width, slope and, where required, curb cuts. 11. On plans, show sidewalk along Northwest 22nd Avenue and the roadway leading to Congress Avenue. Memo: Timothy Cannon Congress Lakes March 12, 1990 Page Two of Two 12. All plans submitted for public record by a design professional, registered in the State of Florida, must show original signature and seal of design professional responsible for drawing. 13. Add to horizontal control drawing the dimension from building #30 to the southwest property corner and the dimension to building #2 from the northwest property corner. 14. On site plan drawing, show the location of the stucco wall shown on the tennis court area detail drawing. 15. In a note on the site plan drawing, identify the building and unit location number for all required handicapped accessibility apartments. 16. On the plans, identify the pool water square foot area and the square foot area of all the tennis courts. 17. Revise the parking space calculation to match the requirements of section 11H of Appendix A - Zoning. For the entire site show all parking space ratio calculations. 18. Show a detailed section drawing and elevation drawing of pool safety enclosure. Show and identify the location of safety enclosure gates. 19. Provide spot elevations and identify the slope of walkway leading to the recreation building entrance from handicapped parking space. 20. comply with Table 600 SBC, 1988 edition, for buildings 32&33 and 36&37. 21. On landscape plans, show tabulation of native species matching the required 50% native species count and identify type of grass cover. 22. On plans, show the location and size of project title signage (all signage must comply with sign code). 23. On plans, show the location and size of site directional signage. 24. Extend required continuous vehicle use area landscape screening at southeast portion of the project at tennis court, building #34 and lake area. Show landscaping around compactor. 25. On plans, show location and square foot area of storage building located at the south end of the project. 27. On plans, show and identify the location of the jogging trail and the tennis court cabanas. 28. South Florida Water Management permit is required. 29. Lake Worth Drainage District permit is required. 30. Within landscape plans, include the foundation planting for each type of building. Jaeger CONGLKS.SDD MEMORANDUM TO: Technical Review Board John Guidry, Utilities Director Bob Eichorst, Public Works Charles Frederick, Recr & Parks Dir Ed Allen, Fire Chief Edward Hillery, Police Chief Kevin Hallahan, Forester/Horticulturist Don Jaeger, Building Official Vince Finizio, Acting Asst to City Engineer FROM: James J. Golden Senior City Planner DATE: March 7. 1990 SUBJECT: Special Technical Review Board Meeting - March 13, 1990 Please be advised that the Technical Review Board will meet on Tuesday, March 13, 1990 at 9:00 A.M. in Conference Room "c" to discuss the following projects with the developer's consultants: 1. The Hamlet of Boynton Beach (9:00 A.M.) 2. Carriage Homes of Congress Lakes (10:00 A.M.) The purpose of this meeting is to assist the developer's of these projects in meeting the City's development regulations prior to resubmittal on March 26, 1990. ;b, j 'w. ~ .,/.)t<-lI. ""'- ES 111. GOLDEN JJG:frb cc: City Manager Timothy P. Cannon Tambri J. Heyden Johnnetta Broomfield John Wi1dner William Cavanaugh Lt Dale Hammack David Crockett Pete Mazzella Mike Haag Central File Tom McMurrain Jay Felner TRB3.13 MEMORANDUM TO: Tom McMurrain Alex Garcia FROM: James J. Golden, Senior City Planner DATE: March 8, 1990 SUBJECT: Carriage Homes of Congress Lakes - Site Plan With respect to the above, please be advised of the following: 1. Recreation area details have not been shown on paving and drainage plans and landscape plan. 2. Separate approval will be required for off-site improvements (proposed Catalina Centre Plat No.3). 3. A 30 foot building setback is required along the entire east property boundary (Section 9-B of Appendix B-Planned Unit Developments). The clubhouse and the apartment building in the southeast corner of the site do not meet required setbacks. 4. Parking calculations on page 4 of the site plan application must include the tennis courts and the water area for the swimming pool. Additional parking will be required for these amenities. 5. The parking calculations indicate that 350 units have garages. I was only able to count 331, as it was difficult to differentiate on the plans in certain areas which units had driveways or parking spaces. Please indicate on plans which units have attached garages with driveways in each building. 6. Paving and drainage plan and landscape plan do not correspond to site plan with respect to parking lot layout and design, as well as the number of parking spaces provided. 7. The use of shared recreational facilities between the PUD and the C-3 zoned tennis resort site must be clarified, as the site plan for the tennis resort has expired and the name "Gerulaitis" is no longer attached to this site plan. 8. The site plan identifies 6 recreation items. However, the jogging path cannot be located and the landscape plan identifies two "tot lots" where the children's play area and family picnic area are proposed. Also, the specifications on the equipment to be provided in these areas have not been provided. 9. The five recreation items provided for 50% credit must meet the minimum acreage requirements set forth in Section 8.F of Appendix C-Subdivisions, Platting. The acreage of each area should be indicated on the plans. 10. Project signs will require future site plan approval. 11. As a condition of the previous site plan approval and consistent with Article IX, Section II of Appendix C, Section 9.A of Appendix B, and policy 2.4.4. of the Comprehensive Plan continuous pedestrian access must be provided to N.W. 22nd Avenue and the commercial development. 1 12. An on-site traffic flow plan is required, including pavement markings and signage. pedestrian crossings over roadway and parking lot areas must also be addressed. 13. Right-of-way dedication for N.W. 22nd Avenue (54 feet from centerline) must be shown on site plan and plat in accordance with the Palm Beach County Thoroughfare Right-of-Way Protection Map. 14. The subdivision variance approved by the City Commission on May 7, 1985 requires granting by Ocean Properties of a permanent access easement from Congress Avenue to the PUD. This easement has not been dedicated through proposed plat no. 3. This easement must be dedicated prior to site plan sign-off. It is also a condition of the subdivision variance that Ocean Properties maintain this access aisle. 15. The location of the proposed plat no. 3 access easement conflicts with the location of the proposed tennis resort/office building. 16. Building colors must be indicated on the blueprint drawings (item No. 14 on site plan application checklist). 17. Recreation area parking spaces cannot back into main access road (Sections 5-142(i)(2) of Article X - Parkings Lots). 18. There appear to be some conflicts between the location of the pedestrian walkway and drainage inlets. { /~ ~~ J. GOLDEN JJG:cp 2 ~~~_~~~~<?E_. 01 U.-~'~'1")~~:~ . 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(/ _ Shalloway, Foy, ___ Rayman & Newell, Inc. April 24, 1992 Michael Kazunas, city Engineer city of Boynton Beach Boynton Beach Engineering Department P. O. Box 310 Boynton Beach, FL 33425-0310 RE: CARRIAGE HOMES SFRN PROJECT #89108 Dear Mr. Kazunas: It has been determined that a column on the southeast corner of Building #31 would conflict with CB 0-4-3. Attached is a revision to the original design for your review. If you should have any questions please call. Sincerely, ~~ Brlan J. LaMotte, P.E. Associate BJL/thw Attachment cc: E. King, North/South .-,.,~", ~..-. P,\'.~.': f ~',;,'. ," ,;'rlT'.' ""-'\ "-... ~~ \" (':~<J '\ ~/:/ ~~ . /'?,:,,, ~ ' f ~. i'~'C ... ':~"~:~i) \ ~> '! , .-,':: , .. 'j.' .. {. :",., ''','''' ~ Engineers. Planners. Surveyors 1201 Belvedere Road, West Palm Beach. Florida 33405 Tel. 4(17/655-1151 Fax 407/832-9390 Suite 340, 900 East Ocean Blvd.. Stuart, Florida 34994 Tel. 4071286-3223 Fax 4071286-8491 ...... .~ a: C 'U . " =G> C? :a: I- u..c :EW W ..J . C . 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(fJ U/VJA;C 114!A. ~ ~ ~ ~ ,f ef'~' r~' p r;~u (/ C/ ~/. ~ ;et- ~l:-u.--~ ~ ~ 11-(,4-; . '?f ~ .~. ~ cnt _A~ /cJ/O( DH.LT7k,'(>-f'A~ 7 _ )~4~'ft:_~t~(~:- ~' /J F --, ' ~)kI.{!f M.~~'?~r~~ f-~~): CtJ-~..(~~.?/ ~ '1? .~ (j6t;Jh 9 3:L+M Ajlf. rb7 v . @).~-~~, - (f)~~~~~?~/G ~ - rJm'ff. ~. (i)t~ (!fi~ .~ ) . {fJ 21~ yL-. 0-.. /-fe..~ VS. &-. ~,fi.~. , . ~~r~? . (j; 1L"t ~~ ~? MJ 2d.-d-~ Ii <If If) .u~ ~~~-~.-;;;;:: ---------~..,..._,_._-' (-...- /S;) P . . ~ ~Fm4~ ...At. .f,ko1. d,' -j(;;L. +-/ A" d( foJ k'd.?/ k~. tbl k.;>.., "I C-5L. t , (fV )',-" ~p.-' ~/ff~ P ~;b-kL dM4-~ t1~. ~ ~. ~ (jj) ~..b tU~, ~n:t; ~.,U!jl-f.d · @ ~. ~.e; ~ (LtJd ~:& tUt. fMt &(0 4- .~?V . Ol (/;;>.. .J.<ff",-, i71ie'City of 'Boynton ~eac.li - OFFICE OF THE CITY ATTORNEY (407) 738-7405 100 'E. 'Boynton 'Btadt. 'BoukrJaTtl P.O. 'Bo~310 'Boynton 'Beach, 1'(oriJia 33425-0310 City ?faIL. (407) 734-8111 1:U: (407) 738.7459 October 1, 1991 Richard E. Critchfield, P.A. 2499 Glades Road, 1202 Boca Raton, FL 33431 Re: Carriage Homes Temporary Easement Agreement Dear Mr. Critchfield: Attached for your information is a copy of a Memorandum from Tambri J. Heyden, Senior Planner which I believe is self explanatory. Would you please review this Memorandum and give me a call at my Ft. Lauderdale office, (305) 771-4500 so that we may discuss Ms. Heyden's concerns. Please be advised that these are preliminary comments and the Legal Department will reserve its opinion until we receive all the documents. I have contacted Ocean Properties in an attempt to get a copy of Exhibit "c" referred to in the Agreement, but have been unsuccessful. I appreciate your assistance in this matter and look forward to hearing from you. Sincerely, ~ (;' ~ rl, I --" - "'J I _ " I Jay D. Mussman Assistant City ',......\.... 'J I I' ,! i -' ""--. Attorney JDM/ras Enc. cc: Tambri J. Heyden, Senior Planner Ocean Properties, Ltd. Alan J. Ciklin, Esq. -..' RECEIVED 5tmerica's gateway to the (juifstream OCT I, q/ f ,PLANNING DEPT,. - - --""-'>'-~ - --------- ----- ~ RE: -.Jay Mussman, Tarobri J. Heyden, senior september 18, 1991 File No. 428 at congreSS LakeSe~ts carriage Homes Easement - corom Temporary Access h con~ of the above.!ete!e't\ce~ leqal d ised that t e r'.t . \ ,\. '" please be f~r~arded to me by yout offlee ~e-m\)!an\4\l1t\ ~,O ~oc':.~~ing Exhibi.t "e". 'rnetetO!e, CO .. , ,~t · \ ~\1\' ... i lO.'.l preVlOUS · .~ ., l~ ~utStanding until this exhibit(E"s . t city Attorney Ass~stan Planner 1\.~C"!"" . ~ 'ED SEP )." '~9\ 'rtJ ^- I ,- ; iU", E.'t ell 1 r'\" '. - MEMoRANDUM PL~ING DEPARTMENT TO: FROM: ~ --- DATE: ~ In addition, I would like to suggest adding the words "for private road purposes" tolthe end of the first sentence under #1 - Grant of Easement from Walboyn to Carriage Homes and the City, to further clarify that dedication of an access easement for private road purposes, was a condition of the subdivision variance granted to the property owner by the City Commission on May 7, 1985. During the review of this document together with the Carriage Homes of Congress Lakes plat, recorded last summer, I discovered that the plat dedicated a utility easement over the main access drive within the plat, but did not dedicate permanent access over the main access drive for private road purposes as was required by the 1985 subdivision variance. Can we request that Carriage Homes prepare a separate instrument, at this point, (after the fact) to address this issue? If so, would you please forward to the applicant the attachments I've provided. The highlighted language is the verbiage that appears on the recorded Catalina Centre Plat No.1, the adjacent plat, which also was covered under the 1985 variance, therefore having the same access dedication requirement. /' ~ d~' -" ~. TAMIlRI J 9 HEYDE TJH/jm Encl. A: CARRIAGE. JM , I J t.O ..- I U o c ~\ ~ \.~ .-J . ...-~ otl -.J 4:- Z ~ 4:- U .,.... - z .,.... o ~ I- GO zr b\ ro ~l1~' ~ _, -.~-r!" \ti... J',;t ~::~~::'~ /,JU< ... v~ r~ 'J~~~'es~ lo,',es - P,ot ',0 . \2,... ~ ~,B ..6, ;)q~ Z~ a "~ ... "44'':''- :.: ',' . ~ ::... . 3166\--- :&571 " ;S. \.~,...... \..'...... \..' ,,' ...... v. \ .:.:" ' .;Y \ ,.A, , " .... ...... " \. " " '"' \ \ \' :-; , '4~':'" : /' \ ."," -- . "-_ 2: ACESS EA3EMEN. ~J~\~"'( / " ~ 1"j -r- \- - - -, \30).30 \ I L 5. to. 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N \I .\ I'I0110j tH)l oN .L \f'1J - '.:1 H .i,N.-\:> \ , ~.-\~ W'\'i ~, ss v: r, '1 O'~ .:103U'3\\ ",U' N3W ....q ,4"q Aa. paue I. S U011Q10dlOJ pc~eu_a^Oa.c bI.J1J'.\ J \\ 3~1 S~SOdlnd 3~U~ualU~e~ so J.,H \ 1'1 pue Sl' u' 10 :HLL t \,p pue luap,salJ U()~,J~S uo~":\p. kid ;)"p }o }.l~lOt.PtW Sl~ '.:)e~ 1 ',:\5 511 3'll?.10d.10J past'le:> '",\aa4S uO pd<1~J:>S~P put! :-1 J ~~ U 1'10 5,l,N:-\5 pleO\! t\:> e ~~ 1.\11 e d \ (, d1t.tsut>t\Oj, }O \ ',\ct\ pu\?l ......l(),1'..\l\30 N 1. oe '1 "f'I AlUt'lO~ \.4lnoS <; \' UOd,) ~H\ U,.,.Ot\S 7. 101.1 }o 1 abu ell 13PUt'l se t ep se~ (\I '..' MEMORANDUM No. 91-217 August 22, 1991 FROM: Tambri Heyden, Senior Planner I Jay D. Mussman, Assistant City Attorney r~~\ j~~ TO: v RE: Carriage Homes Temporary Easement Attached is a copy of the Temporary Easement Agreement I received from Attorney McMurrain. Would you please review the same and provide me with your comments. I appreciate your assistance. JDM/ras Enc. RECEIVED t.U6 22 ,- PLANN\NG DE.PT~" - .",";')- - August 9, 1991 RE: CARRIAGE HOMES TEMPORARY EASEMENT ATTN: MR. JAY D. MUSSMAN kECEIVED AUG 21 1991 CITY A ilORNEY ~ THE CITY OF BOYNTON BEACH Office of the City Attorney 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33435 Dear Mr. Mussman: Enclosed is the Temporary Easement Agreement executed by both Walboyn Development Corp. and Carriage Homes Development, Inc. Please heve the city sign and then return to me a copy at the above location. If you have any questions, please give me a call. Sinc rely, I T4,~ v1A Thomas T. McMurrain Vice President cc: Alan Ciklin 080591BOYN TEMPORARY EASEMENT AGREEMENT THI S TEMPORARY EASEMENT AGREEMENT, made and entered into this 5th day of August, 1991, by and between WALBOYN DEVELOPMENT CORP., a Maine corporation ("Walboyn"), CARRIAGE HOMES DEVELOPMENT INC., a Florida corporation ("Carriage Homes") and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, ( " City" ) . R E C I TAL S WHEREAS, Walboyn is the fee simple owner of that certain parcel of real property (the "Walboyn Real Property") situate, lying and being in Palm Beach County, Florida more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Carriage Homes is the fee simple owner of that certain parcel of real property (the "Carriage Homes Real Propertyll) situate, lying and being in Palm Beach County, Florida more particularly described in Exhibit "B" attached hereto and made a part hereof; and WHEREAS, Walboyn desires to grant to Carriage Homes and to the City and Carriage Homes and the City desire to receive from Walboyn a temporary, non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across that portion of the Walboyn Real Property more particularly described in Exhibit "C" attached hereto and made a part hereof (the "Offsite Access Easement"). NOW, THEREFORE, in consideration of the premises and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements and cove- nants are made: 1. GRANT OF EASEMENT FROM WALBOYN TO CARRIAGE HOMES AND THr-cTrV~---------------------------------------------- Walboyn hereby grants to Carriage Homes and its successors and assigns and to the City as an easement appurtenant to the Carriage Homes Real Property, a temporary, non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across the Offsite Access Easement. The easement established, created and granted hereby shall be for the benefit of, and restricted solely to the City and to the owners from time to time of the Carriage Homes Real Property, but any such owner may grant the benefit of such easement, license, right and privilege to the tenants of such owner(s) now or hereafter occupying any improve- m p n t ( c; ) 1 0 cat>.: i ; ij ;j 0 nth e Car ria q e H 0 m e ~ Rea 1 Pro 0 e I' t y for the duration of such tenancy. Other than the limited easement rights granted herein, any and all rights in and to the Walboyn Real Property are expressly reserved to Walboyn. 2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the Car ria g e Ho m e-s-Rear--Py"operty--,s-herearter--dlvlde din tot woo r more parts or parcels by separation of ownership, the owner(s) of each such separate part or parcel shall be subject to the ease- ment hereby created in favor of the City and the Carriage Homes Real Property and no such subdivision of the Carriage Homes Real Property, regardless of the number of separate parts or parcels, shall be deemed to unlawfully increase the burden and use of the easement hereby created in favor of the City and the Carriage Homes Real Property. 3. WARRANTY OF TITLE. a. Walboyn warrants that it is the owner of the fee simple title to the Walboyn Real Property. b. Carriage Homes warrants that it is the owner of the fee simple title to the Carriage Homes Real Property. 4. ATTORNEYS FEES. In connection with any litigation arlslng out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs at all trial and appellate levels. 5. ENFORCEMENT. The easements, restrictions, benefits and obligations hereunder shall create servitudes upon the Walboyn Real Property, running with the land. This Agreement shall create privity of contract and/or estate with and among all grantees of the fee simple title in and to all or any portion of the Walboyn Real Property, their heirs, personal representatives, administrators, successors or assigns. In the event of a breach, or attempted or threatened breach, by any owner hereafter of any portion of the Walboyn Real Property in any of the terms, covenants and con- ditions hereof, the owner(s) of the Carriage Homes Real Property and/or the City shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach. 6. GOVERNING LAW. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida. 7. MAINTENANCE OF OFFSITE ACCESS EASEMENT. The owner of the Walboyn--Rear-Proper1y--an~the--owner--of-1he Carriage Homes Real Property shall be jointly responsible, and shall share costs on a 50/50 basis, for construction, maintenance or repair on or to the Offsite Access Easement. Either owner may initiate and perform construction, maintenance or repair on or to the Offsite Access Easement and shall be entitled to contribution from the other owner for 50% of the costs therefor. 8. DURATION. This Agreement shall terminate upon the recordation amongst the public records of Palm Beach County, Florida of a plat of the Walboyn Real Property, approved by the City. IN WITNESS WHEREOF, the Temporary E~sc~:~t Agreemen~ written. parties hereto have executed this the nay and year first above , / "'''iL, ! / ! I ,+,:-, " ~---~~1-__~_~~~_l~~_ By: i Tts- EVELOPMENT CORP., orporation r~__~-:.~____ ice President WALBOYN a Maine 2 ~~-- ~~~-- ------------------------- CARRIA~OM, ES OEVE MENT INC., a F'O~~~~porat ~ By: T---1tJ14~~ __1/~ ts t"reSluen (/ L.- CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation By. . ------------------------- STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ac- knowledgments, personally appeared Thomas T. McMurrain, as Vice President of Walboyn Development Corp., a Maine corporation, to me well known to be the person described in and who executed the foregoing Agreement and he acknowledged before me that he execut- ed the same for the purposes therein expressed. WITNESS my hand and official seal in the county and state a for e s aid t his ,,'';' '--- day 0 f Au g u s t, 1 99 l. ----- -, -~ -~...., /.. I' , " ,) " -~~~~~~~--~-~--------~---------- N9tary Public STATE OF FLORIDA COUNTY OF PALM BEACH NOTARY ~U8LIC STATE Of FLo~rD~ MY ,CC~~lS~ICN EXP. JUN[ 2,1995 BONDE:Q THi'<U GEllER,~l INS. u;m. My Commission Expires: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ac- knowledgments, personally appeared Andrew Berger, as President of Carriage Homes Development Inc., a Florida corporation, to me well known to be the person described in and who executed the foregoing Agreement and he acknowledged before me that he execut- ed the same for the purposes therein expressed. WITNESS my hand and official seal in the county and state aforesaid this _~__ day of Au~t, 19/11(' ~~~=t~~l~_------------------ My Commission Expires: NOTARY PUBUC, STATE OF FLORIDA. MY COMMISSlO~ eXP.RES: Marcb 17. 1995- BONDED l'HRU NOTARY PUBLIC llNDERWlUttJlS. STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ac- knowledgments, personally appeared ____________________________, as , of the City of Boynton Beach, Florida, a m u n r;:;'{p;;iT---' ;:7037 <l t ion , to me w t? 1 1 known to be the person described in ana who executcJ '::10- <Ff)If""']iJii.q Agreement and he (she) acknowledged before me that he (she) executed the Sdme for the purposes therein expressed. WITNESS my hand and official seal in the county and state aforesaid this _____ day of August, 1991. Notary-PubTlc---------------------- My Commission Expires: 3 Exhibit IIA" Walboyn Real Property A portion of CONGRESS LAKES - PLAT NO.1 (P.U.D.) as recorded in Plat Book 46, Page 124 of the Public Records of Palm Beach County, being more particularly described as follows: BEGINNING at the Southwest corner of said Plat of CONGRESS LAKES, thence North 01044121" East a distance of 165.47 feet; thence North 44047108" East a distance of 45.00 feet; thence North 61018'35" East a distance of 92.01 feet; thence North 0104412111 East a distance of 292.00 feet; thence South 8801513911 East a distance of 128.16 feet; thence North 67000'00" East a distance of 124.69 feet; thence South 01044121" West a distance of 298.32 feet; thence South 46044121" West a distance of 83.78 feet; thence South 01044'2111 West a distance of 217.37 feet; thence South 88057117" West along the Northerly Right-of-Way of the L-16 (Boynton Canal) a distance of 292.56 to the POINT OF BEGINNING. Subject to easements, reservations and rights-of-way of record. Said land situate, lying and being in Boynton Beach, Palm Beach County, Florida, and contains 3.17 acres more or less. Exhibit "B" Carriage Homes Real Property A parcel of land, being part of the Southeast quarter of Section 18, Township 45 South, Range 43 East, and being part of the North half of the Northeast 1/4 Section 19, Township 45 South, Range 43 East, in Palm Beach County, Florida and being more particularly described as follows: Commencing at the East 1/4 corner of Section 18, thence S 89005109" W, a distance of 50.05 feet, along part of the North line of the Southeast 1/4 of Section 18, to a point on the West Right-of-Way line of Congress Avenue as described in O.R.B. 1290, Page 519, thence S 89005'09" W, a distance of 1301.41 feet, along part of the North line of the Southeast 1/4 of Section 18, to the East line of a tract as described in a deed from N.R. Field to Sunny South Estates, Inc., recorded in O.R.B. 3206, Page 1070; thence S 01044121" W, a distance of 1370.28 feet, along part of said East line, to the Point of Beginning of the parcel described herein, said point being on the South Right-of-Way line of N.W 22nd Avenue as described in O.R.B. 1785, Page 1569, thence N 88059'56" E, a distance of 300.43 feet, along the said South Right-of-Way line, thence S 01044'21" W, a distance of 210.00 feet, leaving NW 22nd Avenue; thence S 58012144" E, a distance of 216.05 feet; thence S 31047116" W, a distance of 140.00 feet; thence S 58012'44" E, a distance of 360.00 feet; thence S 01044121" W, a distance of 1014.23 feet; thence S 53030'00" E, a distance of 49.16 feet; thence S 01044'21" W, a distance of 130.00 feet; thence S 88015139" E, a distance of 70.00 feet; thence S 03044'57" E, a distance of 119.99 feet; thence S 6 7 0 0 0 ' 00 II W, a d i s tan ceo f 1 3 4 . 1 8 fee t; the n c e N 88 0 1 5 I 3 9 11 W, a distance of 128.16 feet; thence S 01044121" W, a distance of 292.00 feet; thence S 61018135" W, a distance of 92.01 feet; thence S 44047108" W, a distance of 45.00 feet; thence S 01044'21" W, a distance of 165.47 feet, to a point on the North Right-of-Way line of the Boynton Canal, as shown in Plat Book 7, Page 19; thence S 88053'5711 W, a distance of 382.60 feet, along part of said North Right-of-Way line, to a point on the West Line of Lot 14, a Subdivision of Section 19 as recorded in Plat Book 7, Page 19; thence S 0000910411 W, a distance of 9.19 feet, along part of said West line, to a point on the North Right-of-Way line of the Boynton Canal, said point being 70.00 feet North of the South line of the North 1/2 of the Northeast 1/4 of Section 19; thence S 88051'40" W, a distance of 108.66 feet, along the said North Right-of-Way line, to a point on the East line of the land described in O.R.B. 3206, Page 1070; thence N 01044'2111 E, a distance of 1253.52 feet, along part of said East line, to a point on the common line between Sections 18 and 19; thence N 0104412111 E, a distance of 1270.16 feet, along part of the aforesaid East line, to the Point of Beginning. TIie City of 'Boynton 'l3eacli - 100 'E. 'Boynton 'BUUh. 'Boulevard P.O. 'Bo;r310 'Boynton 'BttUh., :TCorid'a 33435-0310 City:Ha11: (407) 734-8111 7"-U: (407) 738-7459 OFFICE OF THE CITY ATTORNEY (407) 738-7405 June 24, 1991 Alan J. Ciklin, Esq. Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell 515 North Flagler Drive West Palm Beach, FL 33401 Re: Carriage Homes Temporary Easement Dear Mr. Ciklin: Would you please advise the status of the above matter and when I may anticiapte receipt of the revised utility easement. I appreciate your assistance. Sincerely, ,,}tt/ I,), /~7~lJ-J- n'-iQ.~l J .~ ~ I--'\'C[., Jay D. Mussman - Assistant City Attorney JDM/ras cc: J. Scott Miller, City Manager Chris Cutro, City Planner Tambri Heyden, Assistant City Planner RECEIVED JUN 2,:' PLANN/;\G DEPT. ---------- Jimerica's {jateu'ay to tfie (ju(fstTeam ?Jie City of tJ3oynton 'Beacn - ~~ 100 'E. 'Boynton 'Bt.a4h 'BouUvartf P.O. 'Bo~31O 'Boynton 'BttUh, '.f{orida 33435-0310 City 1iafl: (407) 734-8111 .r.u: (407) 738,7459 OFFICE OF THE CITY ATTORNEY (407) 738-7405 March 11, 1991 Alan J. Ciklin, Esq. Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell 515 North Flagler Drive West Palm Beach, FL 33401 Re: Carriage Homes Temporary Easement Dear Mr. Ciklin: This is to confirm my secretary's telephone call to your office today, wherein you advised that you would be contacting Tom McMurrain, Vice President of Ocean Properties regarding the status of the above easement. I appreciate your assistance and await your advices. Sincerely, CO-l( [) !} I U{pJ l1'\L1 f1 /. ~-a.- / iJ . Jay D. Mussman Assistant City Attorney JDM/ras cc: J. Scott Miller, City Manager Chris Cutro, Planning Director Tambri Heyden, Assistant City Planner Rl{rTI1VE, D JLi .......AA II MAR 12 PLAr~i\~jl\iG DEPT~ ... 5hnericas (jateway to tlie (jufjJtream l ! i 1 LAW OFFICES BOOSE CASEY CIKLlN LUBITZ MARTENS McBANE 8 O'CONNELL JOSEPH L, ACKERMAN, JR. BRUCE G, ALEXANDER JERALD S. BEER WILLIAM R, BOOSE. ill. p.A, JOHN D. BOYKIN PATRICK J. CASEY, p,A, ALAN J, CIKLlN, p.A. CORY J. CIKLlN MICHAEL W, CONNORS ROBERT L, CRANE, p.A, LEE B. GORDON MICHAEL D, GORDON, p.A, MIKEL D, GREENE DONALD H, GUS~AFSON, JR, L YN DA J, HARRis, p.A, January 22, 1991 VIAFAX A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS DANIEL A, HERSHMAN DEBRA A. JENKS BRIAN B. JOSLYN BRIAN T, KING GREGORY S. KINO CHARLES A, LUBITZ, p,A, EDWIN C. LUNSFORD RICHARD L, MARTENS, p.A. LOUIS R. Mc8ANE, p,A, CLAUDIA M. McKENNA MORRIS G. (SKII") MILLER 8RIAN M, O'CONNELL, I".A. PHIL D, O'CONNELL. JR.. P,A, SUSAN WILLIAMS LONNIE 8, ZANGRILLO PHILLIP D, O'CONNELL, SR, (1907 1987) OF COUNSEL JOHN L. REMSEN LEWIS M. SANG NORTH8RIDGE TOWER I . 19T" FLOOR 51S NORTH FLAGLER DRIVE 1",0, DRAWER 024626 WEST PALM BEACH, FLORIDA 33402'4626 TELEPHONE (407) 832,5900 TELECOPIER (407) 833,4209 Jay D. Mussman, Esquire Josias & Goren P.A. 3099 E. Commercial Boulevard Suite 200 Ft. Lauderdale, Florida 33308 Re: Carriage Homes Temporary Easement Dear Jay: Thanks for your letter of January 15, 1991. I apologize for taking so long to provide this. I have been informed by Tom Mcr.!urrain, vice President of Ocean Properties, that the revised Temporary Easement is now executed, but needs a sign-off by the lender. This is presently being taken care of. I promise to keep on top of this, and make sure it is in your hands in the near future. Again, I apologize for the delay. AJC/ag RECEIVr~ JAIl 2~ 9/ PLArvNlj~G OE:(-'f~ cc: Tom McMurrain J. Scott Miller, City Manager Chris Cutro, City Planner Tambri Heyden, Ass't City Planner - - tIfit, City of 13oynton 'Beacn - 100 'E. 'Boynton '&04n 'BouleVIJra P.O. 'Bot310 'Boynton '&04n, :J(orU!a 33435,0310 City 9Iafl.. (407) 734-8111 :T;U: (407) 738,7459 OFFICE OF THE CITY ATTORNEY = (407) 738-7405 January IS, 1991 Alan J. Ciklin, Esq. Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell 515 North Flagler Drive West Palm Beach, FL 33401 Re: Carriage Homes Temporary Easement Dear Mr. Ciklin: As a fOllOW-Up to my correspondence to you of December 17, 1990,' I am still awaiting the revised utility easement relative to the matter captioned above. Please advise me as to the status and when I may anticipate receipt of the same. We would like to conclude this matter as soon as possible. Thank you for your assistance. Yours truly, /'1/ /))'., j' i -, / I ('. { \ 'j , l" ~,_ Jay D. Mussman Assistant City Attorney JDM/ras cc: J. Scott Miller, City Manager Chris Cutro, City Planner Tambri Heyden, Assistant City Planner .' RECEIVED JAM 17 q/ PLANNING DEPT. ?lie City of 130yn ton 13eacfi - OFFICE OF THE CITY ATTORNEY (407) 738-7405 100 'E. 'Boynton 'Btadi 'BouUvartf P.O.'Bo{310 'Boynton 'BetUh., 1{oritfa 33435,0310 City:Jia1f.. (407) 734,8111 'J5IX: (407) 738.7459 December 17, 1990 Alan J. Ciklin, Esq. Boose, Casey, Ciklin, et ale 515 N. Flagler Drive 19th Floor West Palm Beach, FL 33401 Re: Carriage Homes Temporary Easement Dear Mr. Ciklin: As of thJ.s date I have not received the revised easement relative to the matter captioned above. advise me as to the status and when I may anticipate of the same. utility Please receipt Happy holidays. Sincerely yours, '~rO...y j), (rll{~ t JOWl //V/1~ Jay D. Mussman Assistant City Attorney JDM/ras cc: Chris Cutro, City Planner Tambri Heyden, Assistant City Planner 1l.ECElb v1Jn DEe 1. ,. l~ PLANN WJU 'NG DfPr. . iimericas gateway to tfie (ju(fstream MEMORANDUM TO: James Chero~ Attorney ~l....,,;Xt\'k--..: Christopher Cutro, Planning Director THRU: FROM: Tambri J. Heyden, Assistant Planner DATE: November 16, 1990 SUBJ: Carriage Homes at Congress Lakes - File No. 428 Temporary Access Easement - comments Please be advised that I have reviewed the copy of the temporary access easement submitted to you by Richard H. Critchfield, P.A., to satisfy the remaining Planning Department condition of site plan approval for the above-referenced project. I have one comment regarding the legal description of the easement prepared by Shalloway, Foy, Rayman & Newell, Inc., sheet 2 of 2 of Exhibit "e", which is that this sheet is incorrectly entitled "Utility Easement". The off-site utilities proposed on Walboyn's property tQ serve Carriage Homes need to be covered by a separate instrument which exists in perpetuity, not temporarily as is the nature of the access easement. I have discussed this with Pete Mazzella of the Utilities Department and he will coordinate receipt of a utility easement, independent of the subject access easement, with Shalloway, Foy, Rayman & Newell, Inc. ~~~~!!Y~ tjh A:CarigAcc xc: Pete Mazzella Mike Haag Chronological File MEMORANDUM NO. 163 November 15, 1990 FROM: Tambri Heyden, Assistant City Planner Chris Cutro, City Planner Don Jaeger, Building & Zoning Official James A. Cherof, City Attorney ~I~ Carriage Homes at Congress Lakes Temporary Easement Agreement TO: RE: On August 7th, I reviewed the easement documents for legal sufficiency (copies attached). The form of the document requires very little change from a legal perspective. I have requested that it be reviewed from an engineering perspective. I do not have a response on that aspect of the documents and would ask that you communicate directly with Vince Finizio. After these details have been addressed I would like to review the document in final form and I will communicate directly with Mr. Critchfield. Encs. as stated . ..,.. JRECEIVED' ""~~I '!:: 1'i'f"Y'; ,,-'" " : !' ,J ... l,"'" ""l;- ~~T '.-". i:,": HOI,l-l:,-'="O 11:21 lL':JIj':lIH::, i"",!. '.;l'_" L. JU~ 27 lee 151S~ P~Gi..'. 07279080YN TEMPORARY EASE~[~T AGREEMENT THIS TEMPO~ARY EASEMENt AGREEMENT. 1t14e and entered into this day of . 1990, by and between VA~BOf" DEVELOP. ME In' -mrr:-. . Ma rnr----COri'Ou t' on ('Wa 1 boy"-) . CARRIAGE HOMES OEYELOPMENT Utt., a florid, t;orporat1on (RCerrhge HoWlU-) &"d the t1t)' of lSoynton &ucl'l. Florio" I m\H'IiCipal corporation, ( If C 1ty. ) . R Eel T A ~ ~ WHEREAS, walJ)oyn 15 t'\8 fie 51mple owner of that certain parcel of rea' property (the "Walbo1n Rea' Property") 'UI/ate, 1y,ng anG Dt'"9 1n ,.1m 81&Ch County. Flor1da more port1cu'arly descr1bed 1" Exhibit ~AH .tteched h.re~o 6~d .ade a part hereo1j and VHEIHAS. Carriage Homes H the f.. 11,.ph own.r Of that certain plree1 of rea' property (the .Carr1aS8 Homes Rea' Property") s1tyote, lying and being in P.,~ Stach Count~, Florida more p.rt,eutarly dtscribed 1ft Exh1b~t <<B~ attached hereto and ..de l P,ft hereof; ind WHEREAS. IhlboYf\ desires to grant to Carriage Homes and to the City and Carrhge Homu and the City des 1 re to rece1ve from ~.'boyn a ttmporery. non-exclusfve easement of posslge and use. both pedestrian and vehicular. on. over and across tbat portion of the Wa1boyn Real PrODerty more ~artfeularl) described 1n Exhibit fiC" Ittac~ed hereto and ,ade a port hereof (the .Offsitt Atcess ~11.~.ntl). HOW. THEUFORE. in eouidtration of the prellises and other ~a'uab'e cons1deret1on. the receipt anc sufficiencl of wn1ch are hereby . cknowltd;td. the 10110_1 ng grants. agreerll,nts and cove. ft.tlh ar. "ade ~ 1. GRAHT OF EASEMe:rn FROM WALBOYN TO CARRIAGE HOMES A~D m~lTY-;----"'" ~ ---.....-...-- ..._~~ ".1boyn ",rttlJ' gr'Flt5 to tarrie,. Hom...l'ld it. ....ce.no..' .nd au i ~ns and to the C'f ty as a1\ Il.el'/llnt .ppurtonut to t"" Carriage Horn.' ~.., Prop.rty. a t.mpo~.~~. non-.xc'~~lvQ Ol$.M,ftt of pa~iai. and us., both p.d..trf.~ Ind v.h'cut.r. en, ovor Iftd ICl"OIi tl1. Offsih Ace... Euament. The ..u",ent ."tab'1chod, created i/lel irlnhd h.r.by ,hall h for tho bo",.f1t 0", anet re.~r1ct.d ,ol"r to tho e1t~ l"d to tho own.r, IrON time to ti~. o( the e.~ri.te Hone; R..l Prop.~t.Y. hut In1 luch Dwner may grent the ben'Tit of .wch ....ment. lieen.., r1t~t .nd rriv.1.g. to th. ten.ni. of .wch own.~(.) now or hereafter occupy "9 any improvt. runt(s) 10eated upon the Clrri'it Ho".. Rell Property for tht duratfo" of ~uch tenancy. Othe~ then the limited easement r1ihta granted her*1n, an,)' and all rights in lnd to the W.lbo,yn Rul ~ropertl art expressly reser~ed to W.lbolft. z. DIYISIO~ OF CARRIAGE HOMES REAL ~ROPERTY. If the Carr1age "D"I'I ReiT Property """fInereeftlr dh,otd 'nto two or more partS or pereel, by seplrlt10n ot own."sh.p. the ow~*r(.) of each such ,.p,rate part or parcel J~ll' be sYb~eet ~o the ..IC. ment hercbs ~r..t.d 'n fAvor of the ~1tl and tbe Carr1afc Ho~c. Reo' Property and no 5uch lubd1vt,1on vf the eerri.,e HO~e' Ae.' f'iUI,I- 1 :'1- ~l.l ..I...l,.:..~ ~ 1.'. ..; '_ _ J., _ ,,,_ _ ~ MEMORANDUM HO. 086 August 7, 1990 TO: FROM: Vincent A. Finizio, A.C.E. Jim Cherat, City Attorney Carriaqe Homes Temporarv Easement Agreement RE: Attached 1s a draft temporerv Easement Agreement which was faxed to me last week by Richard H. Critchfield, P.A. The A9reement was not accompaniad by any cover letter or background information. I would appreciate your assistance in reviewing the temporary EasemGnt A9rQ~mQ and ralatinq it in proper context to the Carriage H me valopment, Inc. project. Thank you for your ABsistan Attorney JQ JAC!rce Ene. CC; J. Scott Miller, Cl~y Manager rJO'.l-15- . ':<0 11:':':.::.: 1 L':,j ,_,;: j H;:' """.c' uU' ...." 'JUL.Q7 '8e ISI!! PAGE.lea ~~~P.~t1. r.8.~4'." of thl nu~b.r of sep.'lt. partl or parctll. ,h." b. d....d to ."'.wfu"~ inert." the bu~d'ft and use 0' the. "'UIII\\ tl....lty e"oat.d 4" favor of the eft,) and the Carriue. ~omoc R.a' Property, 3. ~~!!V pF TIlll. A. Walboyn warrlnts th.t it is the owner of the fte ~imp'e- title to the Wa1boyn RI.' Property. b. Carr1a91 ~o~e~ warrant, that it il t~. o~~.r of the ft. simp" title t~ the Car,1lge Ho~e' ~.., Property. 4. ATTORNEYS FEES. .........---................--- In connect1on with Iny 11t1getto" er~11ng owt af this Agreement. the pren111n9 pe.rty ,h.n be er,\fthd to reconr reuonatle ~ttOrneY'5 feu and c;o~h at ", tried Ilnd ..,~e'hte ',velS. ~. ~!~C[r.f"T. The U5el11enU. rutr1ct1ons. benefit, and oblfgetfons h~reund.r shell create se,.~1tudes upo~ the W,'boyn R9al Property. 1 runn fng wUb the lonCl. T/1l$ Agreemtnt shin crea t. prh" t,y c1' contre.tt and/or estate with ll'Id .!nons ." SNnt... of t'" f.. sf_ph t~t'e in and to 111 or any portion of ,the Walbol/t Rea' P ropert,)' I the 1 r ht' 1"', pe rson.l l"tpresen tl t hu. ad.1 n is trators . SijCC'$sors c, assign,. In the eVlnt of I breach. or atte~pted or thrllti"td breach, by any owner hereafter of any portion of the w., boy" R.a' Proputy f n Iny of the teraa, coyenants and con- dit1on5 hereof, the owner(s) of the CBrrilge Homes Real Property and/or the Cfty sha11 ba entitled forthwith to fu1' and adeQuate rtiitf by injunction lftd/or all suen other available legal and eQuitable rfmedies fro~ the conseQuences of ~vch breach. 6. WtR!iI"G_LA~. This Aorlement 'ha" be con$trued. 1~terpr,ted and enforceG in accordantt ~1th the llws of the State of Flor1dl. 7. MAINTENANCE OF OHSI.ILM.lli~ EASEMEMT. Tnt owner or the W,, boynfiiT-'ropertyannneowner of the Carriage Homes Real Property Shill be Jo1ntly responsible, Ind ,ha" 5~.re tosts on a 50/50 baSH. for eOl'lst"'uct1o~, 1l11ntenlnce or repe~l" or. or to the OffS1 t. ACC8U Easement. (Hirer owner fillY inithte ond p.rform construct1on, Mafnten<<nc8 or repair on or to the Of~site Accu' hUlI'lent .nd sh." b. .ntitled to eontributiotl frt)m the other own,r rQr 501 of the eostl th'~.'or. e. DURATION, --- ThIs A9~..~.~t shal' t.~minat. upon the recordation 'Nongst the public ,.ecord, of P.'~ B.ach CQunt,. F1ortd. of a plat of the ~.'~o1n R,., P~op.ptYt .pprov.d by the City. Itl ~lTNiS~ WMU[OF', the parties hGr.tc have executed this 1empgrtry E...~.ftt Aereement this ~~ day of __, ~, . lG90. Stgned. ,e.led and de11vered in the presence of: WAl80Y~ OEY~LOPME~T CORP.. . ~.t"t corpor.t10ft .-..-.--.. _... L By: Ita prca14.ni - 2 r,QI.'-lS-'9U 11:.:._' 11';JU~;H~ MI';, '..oW",-" JUL 11 'I' 15'.' PAG&:.'" MOl'tga9' 0' the Accept.nc. b1 "1dlan" c of I d.ad 1" 11,,, 'If fort~lo.ur. of the Mort9lie. Signed, se.llG ano delivered in the pretence of: ~1d,."tt~ N.\fona' I.nk ---------- 81'_____- ~--~ ST"TE or __-_ r~-y COUNr1 Of .. v- ....-.-.__ 1 HEREBV CERTIFY that on this dB.)', before lie, an of11cer duly autluH'hed in the State ud count.)' atortsll1d to take ae. ttnow'rdgmenh, personally apptlred , as of Mid1antic Mat1onrr-Wank, to ~e well Known tc &i-the perton-diicr1bed in and who executed the foreg01ng Jo1nder and ackncwledg.d b.fo~e me that said person executed tbe iame for the purpo~.S th.rein Ixpressed. WITNESS my hand and official sea' in the c:ounty ."d state aforlsJid this _____ day of __________. 19~O. ~otlr1 Publit-r~ M~ Com~1siion EKp1res: 4 I'~U",,.'-l. -= - '::1LJ 11: 0::.:::.: oil); J 1.J::' j N~ MI'1.!..-' u~, 'I.,.' ~ ';UI. ., '.. il..' .. Alii. "4 ~r - CARRIAGE MOMiS DEyrlO'MENT INC.. I r1opfd. ooppopattoft 81' Ita '....id."t v ---....---.-.-_ III --.._ 'lATE OF 'LOftIDA COU~TY O~ PALM BIAe~ 1 HERE'V CERTIFY th.t on thh dAY, ~efor. m., t" oi'fi".r duly luthorhed in the Stitt ond Count.)' tforeufct to take II:. know'edgNenti, p.r$onl111 IPPllred "fe~a.l P. Wa"h. It P"e,'dent of '4a1boyn Development Corptt e Maine corporot1on, to me w.l' know~ to b. tn. p."son descrfbed in and who exe,uted ttl. fore- going Alr.'Cllnt and ,,~ aCknowledged btfgre II. that h Ituc"t.d t~. Ilme for the purposes therein expressed. WlTfCESS my hAnd and off1cfal sel' 1ft the count1 Ind .tat. afore&&14 thiS _____ day Of _-_____---, "to. Rotary Pu6flc M1 CO~~i$s1on Exp1rl5: STATE Of FLORIDA CO~NTY OF PALM BEACK I HERf&Y CERTIFY that. 0" thh dlY. blfore me, In of~1cer dul)' authorized in the State and County aforesatd to take Ie- know' edgments. iJersonl'l,y appeared Ar.d~ Berger. as Pres1dent Of Carr~age Horwes Devt10PIl1.nt Inc.. I Florida corporation. t<i lie we" known to be the person dncr1bed 1n and who executed ttlt tore901n9 Agreement Ind he acknowl!doed before ~e that he execut- .d th. sa~. fo~ the purpOsos thtr~in expressed. WI'Ttlt1$ ., hantl and officii' seal in the county and $tate .'o~...1d thi& day of . 1990. - ~ My eo~mi'lion Expires: totirf1'ub"'C JOINDER Mfd1entfe Nationa' Blnk (-Hidhnttc:II). the own." and hold... of tnat certain Mort96" ~.cord.d ~~n. 2t, 10~O tn Offieial Raeords Book 6504 ot P1ie He, of the Publ 'foe: R_oopcs of Palll Beach COUntl. F10ddl {t~e -MortiCl9c") join. 1ft the execution of ih. foregoing T.~porar1 Else~ent A9r..~ent for the pu~po8es of: . acknowledging the for.io1n, Tcmpor.ry tA'.~eftt A.raement. and bJ evidenc1ng the OJrUlunt of Midhnt1c to the tar.. of the fOl"e- 901"9 Te~porar~ Ealcment Air....nt. 4ftd (c) f~rther acknowledging tnat 1n the eyent thot "idl.nt1~ beco"es the owner of .11 O~ 6"Y portlon of the Carr1a;e HOMei a..' Propert, by forec1osure of the P'IortgoW' or by ace ept i ng I deed in 1 i eu of foree 1 o,ure of the ~ortiog't the foregoing T.~pcrlr'y Eas!ment Agreement she'l remein '" fu" 1ore. ano eff.ct, "ot~1thEtan~1ng the foreclosyrl of the , t~OI~\-1:,-'90 11:';;::4 lV-JU='lM,:l nl".j..> '-l'-',......'. ',SUI.: 11 '88 '1..1 PAM .... I.MbU wA. W.'bo~ft R.., ,~o,.'t1 A pDr'ion of CONC_~SS LAKiS - P~Af NO.1 (P.U.D.) IS ,.cordle i~ Pht. BOOk 45, ,.,. 12. of Uti Pub'ie R.cord, of Pa1. '.actl Count1t bein, ~o~. pa~ticul.r'l ~..erib.d II follows: 8~GIN"'MQ It the South..st eorn,r of said Plat of (ONQAESS LAKES. '-h.nc. North 01044'21' Eut .. dhtaflC'e of 165.47 f..t~ thlnce fiCorth 440.7108" East . distance of 45.00 flet, thenc! filo,"th 61.18'3~M tS5t I distlnt. of ~2.0t feet, thence North 01044'21R rut I dtstance of 292.00 1'eeti thence South 881151391 rut. dtltaftCt of 128.16 1eet. th.ntt North 67.00'00. East. d1,tance of 124.69 feet; theftCI South 01044'21" ~'Jt I dist."ce Of 298.32 feet; thence Souttl 46044'U" Melt I distance of 83.7e feet. thence SOl.ltPl 01.,H'Zl" "est. dBtane. Of Z17.37 feet; \henCe South 88-S7'17" west I'ong t~e ftorther'y R'~n~-Of-W'y Of the ~.le (Boynton Canal) a d1$tance Of Z9Z.~a to the 'Ot"T O~ ftfGINNIHe. Subject to easements, reservatlcns en6 r1ghts-of-WiY Of record. Said land s1tu4t., 1y1n9 anG De1ng in 8oynton 8elch, ~I'm Beech CountYt f1or1da. and conta1ns 3.17 4~rf$ ~ore or 'ess. ~iC';.'-15-'~O 11:2~ iL':JU='IH;:, HI~L' '-'1....""1...." ~JV~ 11 Iii 15157 . ~RIJI."7 Exh1b1t "I' CarriAge MOM" RI.' Property A p.r~.l of 1and, bein~ part of the Southeast Quarter of Sect10n 18. Township 45 South, Ringe 43 East. and beinG p.rt 0' the North he" of t~. North.ast 1/4 Section 19. Townshtp 45 Seuth. RI~ge 43 Eut, 1n Pa''" Beach County, F10T'1dl and be1ftO flore part1c\Jhr'~ dtscribed If fol1oWI1 ComMencing at tht f.tt 1/_ corner of Section 18. thine. S 89.06'0'" W. I d1It."ct of 50.06 fe.t, ,long part of th. Nc,.th 11"e of the South.llt 1/4 of S.,ticn 18. to . po1nt on the W..t A19ht.Of-WIY line of Con,re,. Avenue .1 d..er4bed in O.R.t. 1290, rlgt $19. thence S 8"06 09K ~. . d4,tlnce of 1301,41 '..t, .'ong pert of the Horth 1ine o~ the So~t~e.tt 1/4 of $ectioft 19, to th. fo,t 11,,~ 'Qf c tr.ct U cleHI"1bec in II deed frem N.A. field to 3unnl 30llth t~utu. he.. recorocd f nO. Il.8. n06, Page 10'0, thence S 01f441tl. W, . dfstonca of 1370.29 I..t, aloft, p.~t of ,otd t.,t line, ~o t~. Point of aesi~"i"9 0' the p.~e.l e.,cl"ibed 1'1,"e1n, ~.fG point b.inS 0" tn. South Ri9ht.o'''W..J' 1h. 0' N.W U"d Aven". as described in O.Il.8. 1785. Page 1569. thence" 8S.!i9'!S~1I t, . dhtente of 300.43 feet. .hng the said South R1ght-01.Way l1ne, thence S 01'44121" lit . dhtanee 0" 210.00 feet, t@&Ving NW ZlnG Avenue; thence S 5S01t'4411 E. I distance of za.05 talt. thence S 31"47'le" W, a ~1stlnct of 140.00 feet; thence S 5e.1Z'44~ E. I d1stance of '60.00 teet; tntott S 01.44'21' Wt I d1$tanc~ of l014.Z3 feeti thence 5 53.30100~ E, I distance o~ 49.16 feeti thence S OP44'U. W, I dhtanct Of 130.00 feetl t"tnce S 88.15139" E, a dfstanct of 70.00 feet; thence S 03.441~T~ E. a d1stlnCt of 11'.99 feet~ t~en(t S 67000'00. W, a d1stanee of 134.18 feet; tnenet ~ 88-15':9" _, I distinCt of lZ8.16 fett; theftce S Ol-44'U- W. I el1itanc8 or Z92.00 feet; thence S (il"18'J5" w, a auunc, of ,to01 '/'eet; t~enee S 440~7'08~ w. I dfstanCe of 4e.OO flit; then" $ 01.4412111 ~I I d15tan,e of 165,47 feet, to t po1nt on the "orth R19ht~Of-We~ l1nt of the DoyntQn Conal. as shown 1n Pllt Book 7, Page 19; thence S 88053'51- W, a l11st4nce 0' 382.60 'eet, .10f\9 part 01 sa1d North R1ght.of-Wty line, to . pgint on the West lfn! of Lot 14. a Subd1v1s1on of Section 19 II recorded in P'at Book 7, Page 19; thence S 00009'04- W, . distan(e of 9.19 feet, .10og ptrt 01 sl10 Velt line, to . potnt on the Korth Rfghtwof.WlY 1in, of the BOJ'ntQn Canal. said point befng 70.0C feet "ol"th of the South ltne of the North 1/~ 0' the "ortheast 1/4 of Sectfon 19, the"~e S 6S051'40" W, . d1$tancl of 108.66 flit, "on9 the SJid Nort~ Rf;htTof-Wal line. to & pof~t on t~. East line of the 1and described fn a.A.B. 3206. Page 1070; tlt.nCA lit OP44'21" E. a diGt&nce of 1253.5% ~.tt. Ilona pa,.t of satd East '1nl. to I po t nt on the cOllmon l' ne b@twt!n See t 1 ons 18 and 19 ~ the nee N 01t441211 1:. a distance of 1270.16 feet. along part of tn, .'or.laid fa~t 11nt. to the Point of Beginning. , "'-' . ~ -' - '-' ............. - . - - - - ~............-. -..-. . .~. ~ ........ ,.....L' "... JU~ 11 'em 1&.1' f)AQC'.,al .;., ~... ' .. It rAIl -. CONGAESS \.AJ<ES P\..Ai NO. t \P.VO.) P.8,4e , Pee. 118-129 tJ, .. ,,'~.4&" R .. 111,00' L . 1'4,93' N01.44'?1-E 32.86 sa: ~TAlL ~ ~ n:-..;.t:'" ~ ~ :.....:. ~./ to:" ~ :,' GRAPHIC se. ~-::. ~';;&~..:;." ~ o' . ,,, oj" - .# . . ,~ ..n . (.,..) 0fF1ITE ACCE8I IAIDSNT. 1 .. - IG A. 51(1;lCH ,~ DDCRIpnow NOli: THIS tS NOT A SURVEY. CARRINIE HOMES. . ShaIloway, F01. ::'~~f4q ,-I Ra~ HmU, Ine. _ . .. ___....-_........;~ JClNa. 18108. ~ '- ,.., - CARRIAGE: ~O~ES (UNPl.A TTED) - .. 1 J~L a~ 'ee lS.S' ........ ~ I. .,.... .... .. JV~ JI").:"lH::, r""'!1"J..-' ~,-, ..wn I!~~ PlUII. ... A. PdelL or LMP %lJXIfG :Dr ..CftOlf it, ~%. 45 lOO'DI, PJUlGI 43 W'l', PAlM IJW2 COUlffY, rUJIiat*, US> UIJIG JIOII P~ICUWLY DlSClUBID AI FaLLOn: 00.. WC Df 0 AT THB NOJl'1'HEAST COlMD 01 lAID 81K"r1:0II 1', RtJlf S 1"8,'a9' W, AU)IO !VI NOm LID or SAID SICfION. A OISTANCE or 60. 01 nn TO A PODrl' Olf 'till nal1' aI4B'1'-O'-WAY tIn OF CONGU88 AVBWI (120' R.O.W.); 'l'KBNca. 00'12'15w It "LONG SAID wan IUCHT-OP-WAY LIn, A DtftA>>e1 0' 1242.'. FliT t'O A POXN'J' 0' nnWlcrIoK 01 SAID RIOlI.r-O'..NAY L1II AND TO NOItTH RIClIT-or....u LXJlI OF TIll BOYW1'QI CAKlL (L.W.D.D. C.16) (>>... 7 PG. 19)t TBlWCI. "'65'0'- w, AtDIa SAID liORTB RICHT-<l?-wAY LIII, A DItJ'1'AMCI 0' "'.04 FIB'll TKiNC2 LZAVX>>g lAIn MeItH tIN!, If 01...'21" " A DISfllCI or 1'5.41 nSTI THDIeR .. .U..7'oa" a, A DlS!'ANCI or 45.00 nlTI TIm'NCS If .1-.."'" I, A. DIS'1'AHCS 0'" ...37 tIlT 1.'0 TIm 10... o. ..axJnnJIG: ftlDea co..n~ .. 61-18'35- 2, " D!S-rAHCII OF ;.,.. nIT, mncz II 01"''''21- ., 1 DIft'P'ca OF Ja.5. r.~, THBMCI . ".15'3'" ., A Dt~AHCK 0' 12." ~~, '~CS )f 01-"4'31" I, A I)X.'1'ANeZ OF 1'2.02 "aft TO " P.OIl'fT or CCRVAroRt or A CUJlV& CONc.AW !'O WI JOU'l'HWD'1', ANt> MAVIltQ A aA.DIt7S 0' 60. 00 Fa~'1" TKa~CI, )fOM'UWl5TBJU.Y ALONG SAto <:UJtVt, THROUGH A C~ M<:ILE OF '3 "l1'1J" AN Me 1&"0%11 0' 81.11 '~l T1a::1'tCB _ o~.'~'21. B, A t>I8'rJU4'CS 0' :37.74 ral"1'1 TJlI:NCI . 1'-1").. S. A OlftANCI 0' 6...~ raft TO A roIIf1' ON A CUltVJ, ~CA.W 'to 'tHS .0000000000T, AIfO lIAVXMQ A MDIUS OF 111,00 l'DT, AHO non CIlfTlSll DIAR S 3' · 27 ' 33 It w, THIlfCl SOt1Tl'DlA3TBIU..Y .ton 8AIfJ antVa '1'I1ItOOGH A C!:NTRAL ANGLS or 5e.ltS'.'". Alf ARC tDrGTH or 114." raft TO A POINT OF 'l'ANGI!fCYl TaWCB I 01.4~'21"!LA DI'fA1(CI 0' 28'.11 FlET '1'0 A POIlfT OJ' CUJtVATUU or A evaYl COlteAW '1'0 'raB tJoR'J:'JttAST, AND WWIIfG A D.DttrfJ or '73.00 lD'r'mBN~ SOU't.HOSTERLf ALOHG SAID COR"". '1Il.ROUGH A CIJI'1'IOO, AHG1.I or 85'13'42", AN ARc tGfG'l'H or 108.59 FD't1 fHUca 8 01.:;2' 28" I, A DISTAlfCl 0' 12: ts9 nIT '1'0 1 POIMT or A CORn CONCAVE TO 'l'III JfOJmlBAS'l', AND Hl'YIlfG A RADIU8 res.. 00 rBl'J.t, WIIOS! C1Ur:t'D 8UJtS JI 01. 22' 21. Ii, fHlHCI J<<Ji1'InfISTmu.Y At.OHC SAID CURVE fttROUO!l A ~JftJa1. DGLI 01' 9]"0"'.., AM AR~ UNcnI 0' 203.14 ..aft TO A JOINT 0' 'UGJNCl; 1.'JUNC3 N 01 . 4. ' a 1- I. A Dr.'1'ANC~ OIt .. . 83 I'&ft J 1'IIDlC:t It a..15'3~" N, A PIS-'1'ANcm CJ' 8701' 1"h.'7 TO THa IlOftII Oi' ."'%IhIIlfO. CON'l'.uNIlfCl 36$05 8QUAU raft. 5UKVl1DftOG c.a71PICA~' 1 HlUlY Cl$1\'l'tFY TnT 'rO 'rttI lIST ot MY MOWUlDGB AND ULXR' THAT mE ~.TC8 UPMSItt'f'ED HlUUIO. COMtLtce "I'm 'I'ftI MIlfUIUM 'l'!CHtUCAL. aT"~M~DI!I. AS 8tt ro"..rn bY 'rim PU)Jtl~ BOARD or LAND euJtvlSYOU. P\Jl8UIU'fT TO S8CTIOM 412. 027 'LO'U:~ 8'l'ATUnl. ' lOTI J 1. NO SEARCH or 'I'tiE FUflWlC ueoane lIAS Ollt MPa BY' THIS Ol"PICB. 2. 'I'1IE SKETCH IS 8MBD Ol( INPORMATIOlf t"UldflaMO .Y cullKT OJ CLl~T" RCPlI9K1TATIVB. 3. T8tS .KlTCR IS 1f01' VALID Ulft&SS 8~>> WITH AJf IMBOtIseo ol,J!\V&YO"'. anI.. .:..~"'..,,'i.," SeGi t.$O .. . CARRIAGE . Sh81Joway, Foy, Bayman . Newell. Inc. . Plan.." . sun..,.".. TI....il~ '.-It51. "III ....&iIt. w. r.h o.ta.l'IodU>>Q ~'LI .1..1..,;;,. j l L-' ~ J '_i;:=, l r1':' nl'1..,.' '-""-'I....." IU~ 11 'Ie II..' . PQ(aI. III . 8baUow8.y, Fo" fta1man . N....u. IDe.. My 19, 1"0 ~iehar4 H. Crltchf1'ld, '.A. 2.9' Gladea 1084, laoa Iooa latOn, '1 33431 u: ~JDIAGI .... sru ~ '8910. o.ar JIr. cri tahfie14, I have at.taohad an easement de&criPtlon an4 ek.~ah -micJl -.boule! ...~i.f~ the attached COlIIMnta 17 It.Il4 Il~. Pl.... ~~ vi~ tha City Aetorney and work out the pro~ lanquap for th. ...ement dC)(!UNnt. w. will nee4 thia dOnG ~ neX1: w..k. Thank y~u for y~ ooo,.~.tion, Vert 'tntly youra, /<0 K.Dan 8h.ll~y, h'..!4Mt. ICDSj..r ~OIJ . ee: T.JColI\U'r1an AlGar-ell ~. Plllan_,...~" not........ .... w... .... ....,.. r.. >><<111 T4. .o'1....IISI .... <Mr?~fO $\ire S4O, *... o.a...1Dft. ~ ,..... TtIL ...,,...~ r.4O'I'.-....s . . . t ! ~ .,_.- -. -..- ..... .. -- . - . . .- .;,: .'::-......~ '-', fill ...." ..~ii _7. ,.... -. ..,. II --- .. ,- - .. : -=- ~ . ..... . , -, . - . . - . -:~_.. .... .. r t_:I_'-l ':1- . ':1t:.l 11; ~ I . _ . . L _ . '1,-' '" '... . ._~ tHalE . ,ll JUL. 1"1 tl' lS'" e ~ / toa Mr. Al.. GlfC'1. -I- 111V I, 1'" CO...Q~ t11 - xn41c.tt Oft ,b.tt L-l the loeatloD of the v.r1o~' P1ece. of redre.ttonal .qul~..nt 4etal1.4 on .h.., L-11. Add. key to .h..t L-l to clarify the .yabol. ~..d witbin the recr.ation Ira.'. coaa.nt .ii- - ~h. IQr..Dtnt di.cu...d 1. r~1r.. ,rio~ to tinil '1gn~off and hi' not yet bien p~ovi4.d to .. for tran.~1ttal to our lagal d.Plrtment. Thi. Agr....nt _u.t an.ura that the tenn1. court. will be open to the .,.~t..nt residant. linet tbl. .~.nlty 1. betng pro~1d.4 to r.,.lvI 1/2 cred.lt toward the rver,.iton iMpact f.. I.n4 will be .h'r.~ by tb, C-3 zoned Plre.l. ~\1. .fc....nt .u.t .1.0 provid. for the DOn-profit u.e ot tbe t.nni. court. for tne COlmtrcttl r.lort 10 AI not to OI"~' . lonln9 v101.tl0n. Appen41x B. toction 7.D and' of tbe Co4e of ordinanc... Co."'.nt . U .. Thie ......ut 4IJCl.n..nt .nan run to t.be cIty 'nd tha ap'rt~.nt ,rQj.~t to en'UTI ~'Ipor.ry aeee.. unt1 platt1nv of the C-3 &on.d parOtl oo~ur' .n4 .blll ~. r.~1.~t~ and .ppro~e4 br the City" legll d.p.rt~.nt, pr40r to fin,} lip-off. TbU Qocuatnt ht. Dot yet b..n provided to .. for trtn.,ittal to our 11981 Qep.rtl.~t. t., Coa..nt .ao · 1h. ult1..t. t19ht-ot-way for M.W. 22Dd AY'Q~' , . " 1e 110 t'lt, not 108 f,.t. Tnt. 1. renect.d. on .h..t AI. a I .~ ~ut .l"oe the 40 foot b~11~1pg eltb.Qk line Ja pot dr.wn to ~. ' .C01., bull\11ng '1 "nl prO'bG1Y .bitt 'Qutn of tis. loC'U.10ft 1n~1c.t'4 on the plan.. The hQri&ontll contr~l 4rawja, " . . \ :., f' \ " t. , ~ ) . , ..) ...-..--....'- I . ar.a. (plving tad dr.1ft.,., tltt PlaD, .te.). .1l.lAe~loa 0' the .Ad .PlC. or ~o e.4 .paO_i at the .o~th...t .O~D.r ot tll. row or ,arl1ng .pIOt. .1wbl b.. A .ol\&tiQR .. th. 'tt~.CX _no hed;. probl.. wn~l. ~.t.lni". ~b. .'..w.lk. Ilnee a lurplu. of 'PIC" ta propo..a, thl. i. . vtabl. alternative. J." \ co..'at 110 .nd n 1 · ~. c!l.cu.,.tI wit.h YO\l .s.\C'ift' O\lC' \ · ~Q.tlng on June ll, '.'C, . n.w typ1~.1 et.21 4.~.11 whloh ahow, 1e toot .tal.l. w1 th ." ~"'I'll.n, onto . t\X)t lid.v.Ut., ,hou14 b. attach.d O~ lb. ,1... r.v!..4 aQGOr41a;ly. Co.meni .1) - t.~ r..ttaob!Df \~. eMhlblt rer.reneed .~ ,hav. hiahli;ht.4 in y.llow ~ho.. .c... tbat .tlll 40 Dot .( (, lleet the parkin, lot t'e,,,,l.tl~I\.. In aU. th6 .r.... t!enot.-d, the .ifti.~~ 2' .~ot b.~k~p .~.. ~.qu1red 1. not provided. A. .ho~, th... .c~... 81.1.. ~~e not w1da 8DQUgb to par.it park1nw .,&0.' to b.e~ out into th.m. If the.. aill.. ea"n.~ bo wld.ne4, the parkin; .pacts will have to be .li_~~.t.4. You will n..4 to eVIlultQ th1. aqa1n.t the nu.b.r 01 .u~~1u. apaCUI availabl.. If park1n; .>>IQI. Irt ~ol.t.S, pl.... ~k. .ure all plan. corrl.pODd with r.'~.ot to l.put. . . " ~ 7. l'1LI','-l~- ':'Li .Ll :.:..';~ J.1.i:JW_::rll"""'l-::' hl'1.L.' U~'l...l.....'''' , . JUL 17 'I' 1&'" ," ' '. . 20. f .&1...n .. .....r. rla_l.. . Iaft1q loud IIUN t OIInJ.... .... of 00.".. W.. . ll)~. l ~f':~f.;~ft:::~~::1..1;1:Ml:~~":~:':;-:o of ~.~. tental )JroJect.. a reoorde4 .....bt wblolf'tWfI to the Cl~,. II" and the .~ar~rit project will be requlreG to .nlur. \. f t:."'I"O~.I:'Y &00... unt.il plAttino ocour.. 'l'hl' GOOUIMnt .b.l1 \ . b. revlewe4 ah4 approved by the City'. leqal d.part~nt in ortS.r '=0 ob~.in .1an-off. [CQn41tlol) of ,ubc1.1.,1.11on .arl.naa ~~.nted MaY 7. l'.S.) The r19h~-ftf-v.y dedio.tieD for N.W. Zlnd A.enue ba. not b.." ~.fl.C!t.d en the .1te, plan. PalM De.aII CO\Inty Thot'ou9hl.~. Rloht-ot-W.J ProteotlUR MaP and Chapter 1', ..... ArtJ.ol. lI, ..otion 11-17. ~.~ ~/'f P ~ TI.. applldAnt should oon.ider numberlri9 and d..19oatlD9 l'ttl'tiP9 .pace. for unit., .1no. .orne of tM paddll9 .pace locatIons for unit. are on the oppo.it. .1<1. of tb. bU11cUno. -). liar 4, 1'" "AGI..I. .:! . """ ,,, i. . . ,. , . ' . . . . t. .U .' ' .. j' I '" (f ~ .~ l IUllRJJCG DIrt, IIIIIORMDUII 110.. '0-110 '10. . I: i. ~' ~ ,', " ..31:' '111. two parkinq .~d.' at the .outhwe.t OOl'ner or bul1dlh'i 32 ob.ttuot one another. One lhould be .11Jl11nat~ 01' redee19ned to ..O~ Chapter 9, Article I, S.otlon 5-1'211)(2) . ~~'})'l'h. 4..1vW81'. on tb. ...t: .ide. ot the two unit II tfPI t' , ..- DuJ.ldlnv. '" AM Ill) are IaN'." .. 1I~rklna 1P<<0t. on .h..t. ~1.2 .n<< ^1.~. 't.m. ep ,.." I, 0 ; I ~ i ' Ct''''O-120 , ~, , .' , ... ~ , ~ t, , . I f , { i;! " <.' . ., " ~ I" , " on .; 41" TOTAL ~: . ~~: , t; PAGE. 012 "",,..' ," '~. t~ --- PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Vincent Finizio Administrative Coordinator of Engineering & Inspections FROM: Tambri J. Heyden Senior Planner DATE: July 23, 1992 SUBJECT: Carriage Homes of Congress Lakes - File No. 428 Request for Performance Bond Reduction Please be advised that the Planning and Zoning Department has the following outstanding issues with respect to the Carriage Homes performance bond reduction request and therefore, recommends that the request be denied until these issues are resolved: 2. 3. tjh A: 1. Recordation of a temporary, off-site access and utility easement as reqUired and detailed in the attached correspondence. I have discussed with Pete Mazzella of the Utilities Department the need for this easement to be referenced as a combination utility easement. He concurs and asked me to include this in my response to you since his department had already responded to you regarding this request. Recordation of an access easement, superimposed over the existing utility easement in savannah Lakes Drive, as required by the 1985 subdivision variance (see attached memorandum to Jay Mussman, dated September 18, 1991). Termination of the recorded tennis court agreement (see attached "Shared Recreational Facilities Agreement") since with the latest deletion of the surplus tennis courts and substitution of different recreational amenities, this agreement is obsolete. r -Jhd~9'J4k Tambri J. Heyden CarrHome Attachments xc: Christopher cutro, Planning and Zoning Director J f I' l f ; 1 " , ( ).... 11 I <''!');JrJJ.,: ~ It., j ,-- ENGINEERING DEPARTMENT MEMORANDUM NO. 92-230 f , ~p: .. J. Scott Miller City Manager FROM: vincent A. Finizio Administrative Coordinator of Engineering DATE: August 11, 1992 RE: Carriage Homes of Congress Lakes Request for Partial Bond Reduction Developer.s Response to Departmental Staff Comments Request for City Attorney.s Review of Legal Documents Attached for your review and consideration is a packet of legal documents provided by the Developer, Tom McMurrian, in response to departmental staff comments relative to partial release of the in place performance bond, posted to ensure completion of infra- structure improvements for the Carriage Homes at Congress Lakes project. I respectfully request your assistance in obtaining the City Attorney's review of these documents for legal sufficiency as the Developer has requested an expeditious review of this matter in order to place his partial bond reduction request before the City Commission during their regular August 18, 1992 meeting. Additionally, I am providing copies of the entire packet to Christopher Cutro as Tambri Heyden, Senior Planner, had comments relative to termination agreements, etc. A full packet has also been transmitted to John Guidry in response to his request for Bills of Sale and Warranties, etc. Thank you in advance of your cooperation in this matter. K....... '''-'''''''''~:!D.. .', ..' ~ ~. c+;.. . .. A... '_.~~ " ~ ~~. Ick AUGll PLANNING DEPT. attachments .. cc: Christopher Cutro w/attach. - Response Requested Please John Guidry w/attach. - Response Requested Please W. Richard Staudinger, P.E., wlo attach. BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That CARRIAGE HOMES DEVELOPMENT, INC., a corporation organized and existing under and by virtue of the laws of the State of Florida, having its principal place of business in the County of Palm Beach in the State of Florida, hereinafter referred to as the lISELLERlI, for and in consideration of the sum of Ten ($10.00) Dollars, in lawful money (and other good and valuable considerations unto it moving) to be paid by the City of Boynton Beach, County of Palm Beach, and State of Florida, hereinafter referred to as the lIBUYER", receipt of which is hereby acknowledged by it, has granted, bargained, sold, transferred, set over and delivered unto the BUYER, its successors and assigns, all those certain goods and chattels, described as follows: The water and sewer systems described in the Record Drawings prepared by Shalloway, Foy, Rayman & Newell, Inc. dated June 10, 1991, Sheets 5, 6 and 7. TO HAVE AND TO HOLD the same unto the BUYER, its successors and assigns forever. And the SELLER, for itself and its successors, hereby covenants to and with the BUYER, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all liens and encumbrances; that it has good right to sell the same as aforesaid, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the name to be hereunto subscribed affixed by its officers hereunto day of August A.D. 1992. SELLER has caused its corporate and its corporate seal to be duly authorized, this the 5th Signed, sealed and delivered in our presence: CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation By: ------Presldent---------- By: ------VTce-~resTaent----- CORPORATE SEAL STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that the foregoing instrument was acknow- ledged before me this 5th day of August, 1992, by Andy Berger and by Mark Walsh, respectively the President and Vice President of Carriage Homes Development, Inc., a Florida corporation, who did not take an oath and who are personally known to me. Notary-Publlc------------------ Name: Commisslon-No~:---------------- My Commission Expires: \~ ARRANTY CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation ("Carriage Homes") hereby agrees .for a period of one (1) year from the date hereof, to repair any defect in the lift station, water lines, sewer lines and related facilities and equipment (collectively the "Water and Sewer System") conveyed to the City of Boynton Beach, Florida (the "City"), pursuant to that certain Bill of Sale dated August 5, 1992 which is the result of a defect in the materials or workmanship comprising the Water and Sewer System. Carriage Homes, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs have already been made by the City, Carriage Homes, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required with respect to the Water and Sewer System; accordingly, Carriage Homes shall have no liability hereunder in the event that the repairs to the Water and Sewer System result from the failure of the City to properly maintain same or the misuse or abuse of the Water and Sewer System (~xcept, however, nothing contained herein shall be construed to release Carriage Homes from liability for damage to the Water and Sewer System caused by acts of Carriage Homes or its employees or agents in connection with the completion by Carriage Homes of the pr0ject served by the Water and Sewer System). DATED: August 5, 1992 Signed, sealed and delivered in our presence: CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation By: ------PresTdent---------- By: ------VTce-PresTdent----- CORPORATE SEAL STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that the foregoing instrument was acknow- ledged before me this 5th day of August, 1992, by Andy Berger and by Mark Walsh, respectively the President and Vice President of Carriage Homes Development, Inc., a Florida corporation, who did not take an oath and who are personally known to me. Notary-~uDTTc------------------ Name: CommissTon-No::---------------- My Commission Expires: BUILDING DEPARTMENT MEMORANDUM NO. 93-020 January 28, 1993 TO: Technical Review Committee Members Ed Allen Chris Cutro Bob Eichorst Vince Finizio Charlie Frederick John Guidry Ed Hillery Fire Chief Planning & Zoning Director Public Works Director Admin. Coordinator of Engineering Recreation & Park Director Utilities Director Police Chief FROM: Don Jaeger, Building Official RE: ISSUANCE OF CERTIFICATE OF OCCUPANCY Savannah Lakes - Entire Site 22nd and Congress Avenue North-South Construction The above referenced project is nearing completion. Prior to the Building Department issuing the Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending conditions concerning this site that must be rectified (excluding issues that are covered entirely with a city approved surety). If any outstanding conditions are related to permits issued by the BUilding Department, please provide this department a memorandum containing a description of the unresolved conditions. If the unresolved conditions are not permit related, please notify the owner or the owner's agent to ensure that the matters are rectified. Please respond to Don Johnson, Building Compliance Administrator, within ten (10) days in order that we may proceed in a timely manner to issue the Certificate of Occupancy. No response is necessary if your department is satisfied with the current state of the above referenced site. Thank you for your cooperation. ~ XC: J. Scott Miller Community Improvement (CI Projects Only) Kevin Hallahan, Forester Don Johnson A:TRCMEMO.WP5 RECEK"')~'lD JAM 28 PLANNHiG DEPT. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Don Johnson Code Compliance Administrator Tambri J. Heyden ~/J- Senior Planner t7 FROM: DATE: February 10, 1993 RE: Savannah Lakes - Issuance of Certificate of Occupancy a.k.a. Carriage Homes of Congress Lakes File No. 428 With regard to Building Department Memorandum No. 93-020 pertaining to the issuance of a Certificate of Occupancy for Savannah Lakes, please be advised that the Planning and Zoning Department has three outstanding issues (detailed within the attached memorandum from myself to Vincent Finizio, dated July 23, 1992). The developer was made aware of two of these three issues as early as May, 1990, as these items are site plan related. Drafts of the required agreements have been submitted and reviewed by staff over the past 2-1/2 years, however, staff's comments have never been satisfactorily addressed to-date. As of today, I reviewed another set of drafts, generated comments and am forwarding same to the City Attorney for legal sUfficiency review prior signature by the City Commission and recordation by the developer. It is recommended that any temporary Certificate of Occupancy be conditioned upon execution of the three referenced documents. Also, by copy of this memorandum, I am reinforming the Engineering Department of the Planning and Zoning Department's concerns as requested in Vincent Finizio's February 3, 1993 letter to the Technical Review Committee pertaining to full bond release for the subject project. TJH/jm Att. cc: Vincent Finizio Richard Staudinger A:SAVANNAH.JM BUILDING DEPARTMENT MEMORANDUM NO. 93-038 February 12, 1993 TO: Chris Cutro Planning Director FROM: Don Jaeger Building Official RE: SAVANNAH LAKES (a.k.a. CARRIAGE HOMES) On January 28, 1993 the Building Department sent memorandum 93-020 (copy attached) to all Technical Review Committee members regarding the final permit close out of Savannah Lakes. A response time of ten days was provided each department. On January 29th the Utility Department responded with a comment regarding easement dedication. Don Johnson spoke with Pete Mazzella and Mike Haag and it was agreed-that, since this was a platting issue, it would be handled by withholdipg the release of bonds.,., C;. / "~ ,,; ..!,. , 1'< ' , -. ;' {~' .~f ~:d<_f"'J_' ..( . ,. ~., ;.; At 4:55 P.M. on February 10th, a memorandum was recelved by Don Johnson from Tambri Heyden regarding Savannah Lakes, \13 days~after our original memorandum, requesting ~hat easement dedications be made a condition of the issuance of a temporary Certificate of Occupancy. The problem here is two-fold: -,":J"'" ", _, "'-, .--h >>"i j/k' !:i ~t~ ':'-'. "r .---". (" There appears to be inconslstency' within your organization as to the proper way to rectify easement dedication and other agreements. These items, it appears, have been outstanding nearly three years "and it would seem to me a more timely resolution could have been. arranged. 'il, ll)""',,, <'I"~" .') , ,t', I....):,~:".- .,' ". ' The time ;;J:~T:fO~ b;spo~se, f rdi;, iou{ department: ':as 1 exd~i>ded' an~:'.,; . one hour prior to receiving Tambri' s memorandum, the ~Jj.na~.'tempora"iY) ,Certificate of Occupancy for the project had, been :t;~1:eased:'~ \ '.' ',~"',/J }/", -t,;l' ;r',:'J.'-'" .;, ./, ",'; -f~f/!'r1i"("<" iCl:'f,'~"p\" At this point, it is my recommendation that any easement agreeclen~s ~e ....('. handled as a bonded item through the platting process as currently specified in our codes. Our memorandum regarding project close out and ~ issuance of Certificates of Occupancy specifY that only permit related items need to be addressed to this department. ....( " 1) 2 ) ,~ Thank you for your cooperation. ~. '. . . 'j' /J~" .-..' .f/I<,,).. ik~.. Dc6n eger ItTIeRfVED " ,.', /" _/ c .-rf, DJ:bh Attachments XC: Vince Finizio Don Johnson SAVANNAH r EB 12 PLANNING DEPT. -r ----'" ~' c::;. I<\~ 'v.~\. \ v-- . \" _ .' y,u/L ' \j\\ \ 'c{ BUILDING DEPARTMENT MEMORANDUM NO. 93-020 /.~..;:'~--' '.--- , . i~"" '.....~.1 [" , l-~" -." ,c._' a ':... ' '-::' ":':. :; -.......... January 28, 1993 'r~'~ . ..- ,;" ," \~/'" ,...>:..... ".... ..... ,~ .- - - ,~ -...... TO: Technical Review Committee Members Fire Chief Planning & Zoning Director Public Works Director Admin. Coordinator of Engineering Recreation & Park Director , '~~ies Director - A 'C'~~ief . , ~~ ?JOYNT?. """"'y ~,. ., _ - ..- ~ ..J)...t2t'.& 7- Don Jaeger, Building ~i:alnl ;~y~, ' / ~ L.: O."L ~ ISSUANCE OF CERTIFI :-i ~,~~n'~~;",~ "" ~rk~~ FJGt. ~~ :(;, 1-:; 9-9~ f8 Ed Allen Chris Cutro Bob Eichorst Vince Finizio Charlie Frederick John Guidry Ed Hillery FROM: RE: Savannah Lakes - Entire Site 22nd and Congress Avenue North-South Construction The above referenced project is nearing completion. Prior to the Building Department i~~uing the Certificate of Occupancy, I ~ould like to ensure that you do not have any out~tanding or pending conditions concerning this site that must be rectified (excluding issues that are covered entirely with a city approved surety). If any outstanding conditions are related to permits issued by the Building Department, please provide this department a memorandum containing a description of the unresolved conditions. If the unresolved conditions are not permit related, please notify the owner or the owner's agent to ensure that the matters are rectified. Please respond to Don Johnson, Building Compliance Administrator, within ten (10) days in order that we may proceed in a timely manner to issue the Certificate of Occupancy. No response is necessary if your d~partment is satisfied with the c~rrent state of the above ~~~nced, tj s~te. Thank you for your cooperat~on. )v ~11.,~f- ~ ~- 4~~.u l~.t"..;.,.,~~~l D ~ eqer K~ ~ i;~~ Projects Only) ~Y'~If;: (}- ?\,~ y.~ \r'.JY" xc: J. Scott Miller Community Improvement (CI Kevin Hallahan, Forester _ Don Johnson A:TRCMEMO.WP5 , \\~ ~\1X PLANNING AND ZONING DEPARTMENT MEMORAN (t t I i : ~~6L',~ l 83;/ ~ VJ.~l riJIJ1 $-. ,Fl!..: i- fI ~ '-.,. ,,". to.) v.l ~'7 ~,' . ,. . ~... ~~ <;~'....u~ " - ';--~.;: .'- I TO: Don Johnson Code Compliance Administrator T~ri J. Heyden JZiIJ-, Sen~or Planner tI FROM: DATE: February 10, 1993 RE: Savannah Lakes - Issuance of Certificate of Occupancy a.k.a. Carriage Homes of Congress Lakes File No. 428 With regard to Building Department Memorandum No. 93-020 pertaining to the issuance of a Certificate of Occupancy for Savannah Lakes, please be advised that the Planning and Zoning Department has three outstanding issues (detailed within the attached memorandum from myself to Vincent Finizio, dated July 23,1992). The developer was made aware of two of these three issues as early as May, 1990, as these items are site plan related. Drafts of the required agreements have been submitted and reviewed by staff over the past 2-1/2 years, however, staff's comments have never been satisfactorily addressed to-date. As of today, I reviewed another set of drafts, generated comments and am forwarding same to the City Attorney for legal sufficiency review prior signature by the City Commission and recordation by the developer. It is recommended that any temporary Certificate of Occupancy be conditioned upon execution of the three referenced documents. Also, by copy of this memorandum, I am reinforming the Engineering Department of the Planning and Zoning Department's concerns as requested in Vincent Finizio's February 3, 1993 letter to the Technical Review Committee pertaining to full bond release for the subject project. TJH/jm Att. cc: Vincent Finizio Richard Staudinger - -~. - A: SAVANNAH.JM PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Vincent Finizio Administrative Coordinator of Engineering & Inspections FROM: Tambri J. Heyden senior Planner DATE: July 23, 1992 SUBJECT: Carriage Homes of Congress Lakes - File No. 428 Request for Performance Bond Reduction please be advised that the Planning and Zoning Department has the following outstanding issues with respect to the Carriage Homes performance bond reduction request and therefore, recommends that the request be denied until these issues are resolved: 1. 2. 3. tjh A: Recordation of a temporary, off-site access and utility easement as required and detailed in the attached correspondence. I have discussed with Pete Mazzella of the Utilities Department the need for this easement to be referenced as a combination utility easement. He concurs and asked me to include this in my response to you since his department had already responded to you regarding this request. Recordation of an access easement, superimposed over the existing utility easement in savannah Lakes Drive, as required by the 1985 subdivision variance (see attached memorandum to Jay Mussman, dated september 18, 1991). Termination of the recorded tennis court agreement (see attached "Shared Recreational Facilities Agreement") since with the latest deletion of the surplus tennis courts and substitution of different recreational amenities, this agreement is obsolete. CarrHome r ..dl4dk -9-. Jiyk Tambri J. Heyden, _ ;"""-\\C" /~~ \~- / ,.,~,' ..' S -- Attachments " -..: . :n xc: Christopher cutro, Planning and Zoning Direc F~S i J ;::13 .~-.t I \-~\ "", '. : \'J?h..:'<_: -:- . ,:.. ':~-' \ i'i ,,/ MEMORANDUM TO: Jim Cherof, City Attorney ~e Christopher cutro, Planning and Zoning Director THROUGH: FROM: Tambri J. Heyden, Senior Planner DATE: March I, 1993 SUBJECT: Carriage Homes at Congress Lakes - File No. 428 aka Savannah Lakes Comments on draft agreements Attached you will find a memorandum from myself to Vincent Finlzio, dated July 23, 1992 listing three types of agreements which need to be recorded prior to full bond release (currently requested by the developer) and issuance of certificates of occupancy (temporary C.O. 's were issued February 10, 1993) for the above-referenced project. Drafts from the developer and comments from staff have been generated since May 1990 when the agreements were required as a condition of site plan approval. Coordination of these drafts and comments between staff and the developer's attorneys was handled by Jay Mussman in the past (the last correspondence trom Jay Mussman dates back to October 1, 1991) . Another set ot drafts (exhibits A-C) is attached which I have reviewed. My comments are listed below. Please advise as to whether you have additional comments and as to the best way to handle communicatlon and rectification of these outstanding comments as quickly and efficiently as possible. ~ ,Temporarv, ort-site access and utility easement - Exhibit v'" . ( document title - temporary easement aareement) " f'< I // V v",,/"'/ 1. flAfI / ThlS agreement has already been reviewed by Pete Mazzella in the Utilities Department, since it concerns both access and utilities and is acceptable to both departments in its present form. If your review finds it legally sufficient, please coordinate the City Commission's approval and signature, prior to recordation, so that executed copies can be transmltted to both the Utllities Department and Planning and Zoning Department. ,", TO: Jim Cherot -2- March 1,1993 "," 2. 3 . wJ..... ' 4. 1 ~ A . ..-' ,'....J s!~>., 5. \ ,- \;~' . 0 . 7. \ j. TJH:cp On-site access easement - Exhibit "B" (document title - easement aarsementl Agreement should be updated. I recommend that the title of this agreement be labeled "Access Easement Agreement". Paragraph three ot this agreement references "Exhibit B" which is missing. Exhibit "B" should contain a sketch as well as a legal description of the easement. The area ot the access easement is that of the existing utility easement superimposed over Savannah Lakes Drive and Scarbrough Lane depicted on the Carriage Homes ot congress Lakes plat. No mention is made ot maintenance of the private road. TermJ.nated Tennis Court Aareement - Exhibit "c" (document title - Termination Aareementl -P:' ;::",".,J ,..,~ ' !..,!<'; , (. r.:- r" ." -/ ,:< ~ .....:. >.:J ,",,,,, ".:> " Agreement date should be updated. :' \J"f" ~ l ~~ t f t c/, ,.... / 'J"}L- v { ""l i' t I have attached a copy of the origJ.nal "Shared Recreatibnal Facilities Agreement". Although the City was not a party to the origJ.nal agreement, should the City sign the termination agreement or possibly approve its termination, since executJ.on ot the original agreement was a condition of approval ot the project? or should the termination agreement simply state that the original agreement was required by the City and that the City has determined that it no longer needs to exist? Should the termination agreement reference the book and page number ot the origJ.nal agreement? to ~, , , 1" ; r- - :J 1, ,A'A _ I --=:/~' '~ Tambri J. :lden Senior Planner " I Attachments xc: Pete Mazzella C:Cherot ~, . l . 1<' H ~ r Pi r {!..... PLANNING & ZONING DEPARTMENT MEMORANDUM NO. 93-046 (AGENDA MEMORANDUM - MARCH 16, 1993) FROM: J. Scott Miller, City Manager ~'O.n1~V ~ambri j: 1i~den, Senior Planner TO: DATE: March 12, 1993 SUBJECT: carriage Homes at congress Lakes PUD (aka Savannah Lakes) Temporary utility and Access Easement File No. 428 DESCRIPTION: Attached you will find a temporary easement agreement for the carriage Homes at congress Lakes PUD, now known as Savannah Lakes, nearing completion and located on Gateway Boulevard (N.W. 22nd Avenue), immediately west of the Catalina center. Execution of this agreement was a cQndi tlQ,!1_,9{_t_h.e__..June,~B L 1~90 -si te-- plan 'apP:r.:9y~J. -TliTs'--conCil.tionwas based on a subdivision variance 'stipulation 'granted by the City Council on May 7, 1985. This agreement serves two purposes. First, it provides for maintenance and construction of utilities on the vacant, unplatted "i-:'76--'acre parcel of land lying between the Holiday Inn at the Catalina Center and the carriage Homes property until platting of the vacant parcel occurs. secondly, it serves to provide maintenance and construction of a pr~v~te road across the unplatted parcel for the purpose of ingre'ss' and egress between the Carriage Homes development and Congress Avenue. RECOMMENDATION: The agreement has been reviewed by staff and is acceptable in its current form. Please place this item on the City Commission agenda for Tuesday, March 16, 1993, under Legal- Reso.lutions. 'fJH: ld Attachment I i II I I , I I i I I I ! I I ,I I I I I ,I II 1\ II ,I II I' JI il II I, H II II I, il II " I 'I I I I " RESOLUTION NO. R93- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WALBOYN DEVELOPMENT CORP., AND CARRIAGE HOMES DEVELOPMENT, INC. j A COpy OF SAID EASEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute a Temporary Easement Agreement between the City of Boynton Beach and Walboyn Development Corp., and Carriage Homes Development, Inc., which provides the non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across the offsite easement area for private road purposes, as well as the non-exclusive easement for maintenance and construction of public utilities and cable television facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a Temporary Easement Agreement between the City of Boynton Beach and Walboyn Development Corp., and Carriage Homes Development, Inc., which provides the non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across the offsite easement area for private road purposes, as well as the non-exclusive easement for maintenance and construction of public utilities and cable television facilities, which Easement is attached hereto as Exhibit "A". Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this day of March, 1993. CITY OF BOYNTON BEACH, FLORIDA !j II ,I i/ 'I I' ,I Ii II I, II .' I! Ii Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk I, Corporate Seal) Au tr.s ig . lIPS Walboyn/Car.Homas TEMPORARY EASEMENT AGREEMENT THI S TEMPORARY EASEMENT AGREEMENT, made and entered into this "Ibi day of February, 1993, by and between WALBOYN DEVELO'~!~l- CORP., a Maine corporation ("Walboyn"), CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation ("Carriage Homes") and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, ("City"). R E C I TAL S WHEREAS, Wa1boyn is parcel of real property lying and being in Palm described in Exhibit "A" and the fee simple owner of that certain (the IIWalboyn Real Property") situate, Beach County, Florida more particularly attached hereto and made a part hereof; WHEREAS, Carriage Homes is the fee simple owner of that certain parcel of real property (the IICarriage Homes Real Property") situate, lying and being in Palm Beach County, Florida more particularly described in Exhibit "BII attached hereto and made a part hereof; and WHEREAS, Wa1boyn desires to grant to Carriage Homes and to the City and Carriage Homes and the City desire to receive from Walboyn a temporary, non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across that portion of the Walboyn Real Property more particularly described in Exhibit "CII attached hereto and made a part hereof (the 1I0ffsite Easement Area"); and WHEREAS, Wa1boyn desires to grant to Carriage Homes and to the City and Carriage Homes and the City desire to receive from Walboyn a temporary, non-exclusive easement for the maintenance' and construction of public utilities and cable television facilities on, over'and across the Offsite Easement Area. NOW, THEREFORE, in consideration of the premises and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements and cove- nants are made: 1. GRANT OF EASEMENT FROM WALBOYN TO CARRIAGE HOMES AND THE-cTTV~---------------------------------------------- Wa1boyn hereby grants to Carriage Homes and its successors and assigns and to the City as an easement appurtenant to the Carriage Homes Real Property, a temporary, non-exclusive easement of passage and use, both pedestrian and vehicular, on, over and across the Offsite Easement Area for private road purposes. Walboyn hereby further grants to Carriage Homes and its successors and assigns and to the City as an easement appurtenant to the Carriage Homes Real Property, a temporary, non-exclusive easement for the maintenance and construction of public utilities and cable television facilities on, over and across the Offsite E 2. S e [1' e n t PI r ~ a. The e a s erne n t s est a b lis h ed, C t' ':: 3 ': c, rJ i'l n d 'j t' i1 r ": c: j her e by s h all b e for the b e n e fit 0 f, and res t r i c :: e d s ale 1:/ t c t '1 "2 City and to the owners from time to tifTle of the Cilrri~ge Homes Deal Propcr~y, b~t any such owner may grant the tenefit of such e ? S r> men t, 1 ice n s e, r ; CJ h t i1 n d r r i v ; 1 e r; e tot h e t p n a r. t: <:; 0 f sur: 11 01'1 n e r ( s) n 0 \'1 0 r her e aft e roc cup Y i n 9 any imp \' 0 V em en t ( s) 1 0 cat e d ~'" J --) 'r '; '" , , upon the Carriage Homes Real Property for the duration of such tenancy. Other than the 1 imited easement rights granted herein, any and all rights in and to the Walboyn Real Property are expressly reserved to Walboyn. 2. DIVISION OF CARRIAGE HOMES REAL PROPERTY. If the Car ria g e Hc)mes--Rear-Pr:operTy--,s-hereafter--cfivfde din tot woo r more parts or parcels by separation of ownership, the owner(s} of each such separate part or parcel shall be subject to the ease- ment hereby created in favor of the City and the Carriage Homes Real Property and no such subdivision of the Carriage Homes Real Property, regardless of the number of separate parts or parcels, shall be deemed to unlawfully increase the burden and use of the easement hereby created in favor of the City and the Carriage Homes Real Property. 3. WARRANTY OF TITLE. a. Walboyn warrants that it is the owner of the fee simple title to the Walboyn Real Property. b. Carriage Homes warrants that it is the owner of the fee simple title to the Carriage Homes Real Property. 4. ATTORNEYS FEES. In connection with any litigation arlslng out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs at all trial and appellate levels. 5. ENFORCEMENT. The easements, restrictions, benefits and obl igations hereunder shall create servitudes upon the Walboyn Real Property, running with the land. This Agreement shall create privity of contract and/or estate with and among all grantees of the fee simple title in and to all or any portion of the Walboyn Real Property, their heirs, personal representatives, administrators, successors or assigns. In the event of a breach, or attempted or threatened breach, by any owner hereafter of any portion of the Wa 1 boyn Rea 1 Property in any of the terms, covenants and con- ditions hereof, the owner(s} of the Carriage Homes Real Property and/or the City shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach. 6. GOVERNING lAW. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida. 7. MAINTENANCE OF OFFSITE EASEMENT AREA. The owner of the ~I a 1 b 0 y-n--Rear-Pr:opert-y--a-n-cr-Yhe--ow-n-e-r--of- the Car ria 9 e Horn e s Real Property shall be jointly responsible, and shall share costs on a 50/50 basis, for construction, maintenance or repair on or to the Offsite Easement Area. Either owner may ;niti?+-c .,....,-i per~orm construction, maintenance or repair on or to the Offsite Easement Area and shall be entitled to contribution from the ether owner for 50~ of the costs th~refor. 3. JURATION, T ~ ; , , ':'.']V-~~~~"""e~t ~ ~ ~ l 1 t ,--' t- .,. ..: n ~ ~ ... -,,' .' - .' : -. ~"l ~ l-., ~ ~.. ~~ r: ;1 t" ~ ~ t i 0 "': :: r"' .....f the publ c records of Palm Beach County, F10rida of a pla~ 0 ~i ?' . ~ (' '! n ~ ~ 1 Pro per tv, a p p r (' IJ ~ d b y t ~-" r:. i t 'I . .., / IN WITNESS WHEREOF, the parties hereto have executed this Temporary Easement Agreement the day and year first above written. STATE OF FLORIDA COUNTY OF PALM BEACH WALBOYN D VELOPMENT CORP., a Maine c rporation By: i -r1\1'/v'L:.- U .? Tts-VTce-PresTdent------ By: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation By' . ------------------------- I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 4th day of February , 1 9 9 3, by Tho mas T. M c M u r r a i n -;--the-- V ice Pre s fcfent-of--W-aT"60y n Development Corp., a Maine corporation, ';lh. did not take an oath and who is personally known to m~. . . I , I . . No -y: T1C N am e : Ca ing CAROL KING C 0 mm 1. s -s ""1 -0 -n --N -O-7--~~ NOTAAf Foat:J;,~lE OF FlC1 . . ... 0 ... t.".. . ;; March l' BONDeD rtiRu N')URY Pf,!~tJC uN..E1l1 M C . . E . F COY.ISS:ON NO. Y ommlsSlon xp1res: CC 09~38 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this4th day of February , 1 993 , by And r e w Be r 9 e r , a s--15res ide n t 0 f -Carrlage--Home s Development, Inc., a Florida corporation, who did not take an oath and who is personally kno~~~_ ___________.-~~~.. ~ r y Pub 1 1 C d~ C-"r..J~ t. ;;".:"t N am e . Carol K~"'--",t; NOH.",'! !=:';~V:'l, ,:,:".~:. ~;: f. . - J1RSW'~' ,.....,.... "'....,~... ~. _ ....J,. C omm ; s s Ton No.: BONCEDTtiP.J t~t)f~-c"" 'ji~: 0i~1 COl&SJ~l\J','O, CC 09~38 My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH I HEPEBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 1 0'93, r: \' -------, as -----------or-th e , ; ~, : f' ' :-, , -~ r;-~~!i-';~2c:r;_:--n~~.1-:--G-,--r1r;;-uni c i pal -Coi:-:J0rafr~n: '..: 'l 'J did q (I t t a ~,e a n 0 a t h a r~ c \'; h !) i s p <: t' son all y k now n tom ~ . ~." i::., r-yl ~ <; ~~ i " n E'~ p i (e s : ~0tary-rubTTc---------------------- Name: r ':1"/11 i S slG'n-fio-:-:-------------------- .., " Exhibit "A" Walboyn Real Property A portion of CONGRESS LAKES - PLAT NO.1 (P.U.D.) as recorded in Plat Book 46, Page 124 of the Public Records of Palm Beach County, being more particularly described as follows: BEGINNING at the Southwest corner of said Plat of CONGRESS LAKES, thence North 01044'21" East a distance of 165.47 feet; thence North 44047'08" East a distance of 45.00 feet; thence North 61018'35" East a distance of 92.01 feet; thence North 01044'2111 East a distance of 292.00 feet; thence South 88015'39" East a distance of 128.16 feet; thence North 67000'00" East a distance of 124.69 feet; thence South 01044'2111 West a distance of 298.32 feet; thence South 46044'2111 West a distance of 83.78 feet; thence South 01044'21" West a distance of 217.37 feet; thence South 88057'1711 West along the Northerly Right-of-Way of the l-16 (Boynton Canal) a distance of 292.56 to the POINT OF BEGINNING. Subject to easements, reservations and rights-of-way of record. Said land situate, lying and being in Boynton Beach, Palm Beach County, Florida, and contains 3.17 acres more or less. Exhibit "B" Carriage Homes Real Property A parcel of land, being part of the Southeast quarter of Section 18, Township 45 South, Range 43 East, and being part of the North half of the Northeast 1/4 Section 19, Township 45 South, Range 43 East, in Palm Beach County, Florida and being more particularly described as follows: Commencing at the East 1/4 corner of Section 18, thence S 89005'09" W, a distance of 50.05 feet, along part of the North line of the Southeast 1/4 of Section 18, to a point on the West Right-of-Way line of Congress Avenue as described in O.R.B. 1290, Page 519, thence S 89005'09" W, a distance of 1301.41 feet, along part of the North line of the Southeast 1/4 of Section 18, to the East line of a tract as described in a deed from N.R. Field to Sunny South Estates, Inc., recorded in O.R.B. 3206, Page 1070; thence S 01044'21" W, a distance of 1370.28 feet, along part of said East line, to the Point of Beginning of the parcel described herein, said point being on the South Right-of-Way 1 i n eo f N. W 22nd Avenue as described in O.R.B. 1785, Page 1569, thence N 88059'5611 E, a distance of 300.43 feet, along the said South Right-of-Way line, thence S 01044'21" W, a distance of 210.00 feet, leaving NW 22nd Avenue; thence S 58012'44" E, a distance of 216.05 feet; thence S 31047'16" W, a distance of 140.00 feet; thence S 58012'44" E, a distance of 360.00 feet; thence S 01044'21" W, a distance of 1014.23 feet; thence S 53030'00" E, a distance of 49.16 feet; thence S 01044'2111 W, a distance of 130.00 feet; thence S 88015'39" E, a distance of 70.00 feet; thence S 03044'57" E, a distance of 119.99 feet; thence S 67000'00" W, a distance of 134.18 feet; thence N 88015'39" W, a distance of 128.16 feet; thence S 01044'21" W, a distance of 292.00 feet; thence S 61018'35" W, a distance of 92.01 feet; thence S 44047'08" W, a distance of 45.00 feet; thence S 01044'21" W, a distance of 165.47 feet, to a point on the North Right-of-Way line of the Boynton Canal, as shown in Plat Book 7, Page 19; thence S 88053'57" W, a distance of 382.60 feet, along part of said North Right-of-Way line, to a point on the West Line of Lot 14, a Subdivision of Section 19 as recorded in Plat Book 7, Page 19; thence S 00009'04" W, a distance of 9.19 feet, along part of said West line, to a point on the North Right-of-Way line of the Boynton Canal, said point being 70.00 feet North of the South line of the North 1/2 of the Northeast 1/4 of Section 19; thence S 88051'4011' W, a distance of 108.66 feet, along the said North Right-of-Way line, to a point on the East line of the land described in O.R.B. 3206, Page 1070; thence N 01044'21" E, a distance of 1253.52 feet, along part of said East line, to a point on the common 1 ine between Sections 18 and 19; thence N 01044'21" E, a distance of 1270.16 feet, along part of the aforesaid East line, to the Point of Beginning. Exhibit lIell Offsite Easement Area A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN S 88 - 56' 29" W, ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 60.07 FEET TO A POINT ON TIlE WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120' R.O.W.): THENCE S 00-12'55" E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86 FEET TO A' POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL (L.W.D.D. C-16) (P.B. 7 PG. 19); THENCE S 88-55'08" W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET: THENCE LEAVING SAID NORTH LINE, N 01-44'2111 E, A DISTANCE OF 165.47 FEET; THENCE N 44-47'08" E, A DISTANCE OF 45.00 FEET; THENCE N 61 -18' 35" E, A DISTANCE OF 89.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 61-18'35" E, A DISTANCE OF 2.64 FEET: THENCE N 01"44'21" E, A DISTANCE OF .32.66 FEET; THENCE S 88-15'39" E, A DISTANCE OF 52.88 FEET: THENCE N 01"44'21" E, A DISTANCE OF 162.02 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83-11'15" AN ARC LENGTH OF 87.11 FEET; THENCE N 01-44'21" E, A DISTANCE OF 37.74 FEET; THENCE S 88"15'39" E, A DISTANCE OF 64.83 FEET TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 117.00 FEET, AND WHOSE CENTER BEAR S 35-27'33" W: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56 -16' 48", AN ARC LENGTH OF 114.93 FEET TO A POINT OF TANGENCY; THENCE S 01"44'21" W, A DISTANCE OF 285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS OF 73.00 FEET: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85.13'42", AN ARC LENGTH OF 108.59 FEET; THENCE S 01"22'28" E, A DISTANCE OF 52~69 FEET TO A POINT OF A CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125.00 FEET, WHOSE CENTER BEARS B 01"22'28" W~ THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93" 06' 49", AN AR~ LENGTH OF 203.14 FEET TO A POINT OF TANGENCY; . THENCE N 01-44'21" E, A DISTANCE, OF 89.63 FEET: THENCE N 88"15'39" W, A DISTANCE OF 57.16 FEET TO THE POINT OF BEGINNING_ CONTAINING 36505 SQUARE FEET. ~ u ~ ))1 i ~ , . Q. .c 2 z 0 - ~ 0 r-- 9 MALL CON~E~S AVENUE -~ ~QC. (120 R.O.W.) - ~ eeL "- ~ 5000 12' 55- E 1242.86' "WEST R/W. LINE OF CONGRESS AVENUE. '- j \ ~ ~.. lfi.'$:.. - CONGRESS LAKES PLAT NO. I (P.U.O.) PB. 46 , PG5. 128-129 6. = 56016'48" R = 117.00' L = 114.93' ~ QEl";. ~ I 3: Ol .r> c.o \ l{)r: rl'- co 10 co Z ~ N DETAIL "A" \ N.T.S S01.22'28"E 52.69' ~ N01.22'28"W -RAoiAC '" = 85"3'42.~ R = 73.00' . L = 108.59' ~~O ~ 1. , " ~~p ~ 89.63 R:::S\ \JJ~"; N88i S'39"W ~8 re 57 ' .J - .16 . _ 61i8'35"E ~zY! 2 64' QO I . a:~o i!=i~ ~IL. ~ Zo..J " 285.11 AREA=36,SOS sa.FT. 162.02 S88.1S'39"L..., 52.88' 2!l2(J(J' N01.44'21 "E 32.66' SEE DETAIL = o a- "- - CARRIAGE HOMES (UNPLA TIED) - ~~ - GRAPHIC SCALE &( ? ~ t -Jto _.. .:.:~.:-~:'d ac:: ~ - ~:~:~'''..,. . '.,~'.:'.~~=:.:'~., IOFFSITE ACCESS EASEMENT. I l SKETCH OF DESC~iPT10N (' l f '._ ,CARRIAGE HOME:',J ;-"~~ ~ -'4., --:::' t4~m""" ~-'~---....r2\_ ( IN FEET ) 1 inch = 80 tt. NOTE: THIS IS NOT A SUR\I Shalloway, Foy, Rayman & Newell, Inc. Dote G -':i -~lO Drawn A. L . Designed . HM I~QI P 1 At;.\AlLE REPROGRAPHICS 30866S UTILITY EASEMENT A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, RUN S 88-56'29" W, AU>NG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 60.07 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120' R.O.W.); THENCE S 00-12'5511 E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1242.86 FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL (L.W.D.D. C-16) (P.B. 7 PG. 19): THENCE S 88055'08" W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 843.04 FEET: THENCE LEAVING SAID NORTH LINE, N 01044'21" E, A DISTANCE OF 165.47 FEET; THENCE N 44047'08" E, A DISTANCE OF 45.00 FEET: THENCE N 61018'35" E, A DISTANCE OF 89.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 61-18'35" E, A DISTANCE OF 2.64 FEET; THENCE N 01 - 44' 21" E, A DISTANCE OF ,32.66 FEET; THENCE S 88015'39" E, A DISTANCE OF 52.88 FEET; THENCE N 01044'2111 E, A DISTANCE OF 162.02 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 60.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83011'15" AN ARC LENGTH OF 87.11 FEET; THENCE N 01044'21" E, A DISTANCE OF 37.74 FEET; THENCE S 88015'39" E, A DISTANCE OF 64.83 FEET TO A POINT ON A CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 117.00 FEET, AND WHOSE CENTER BEAR S 35027'33" W; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56016'4811, AN ARC LENGTH OF 114.93 FEET TO A POINT OF TANGENCY; THENCE S 01044'2111 W, A DISTANCE OF 285.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS OF 73.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85013'42", AN ARC LENGTH OF 108.59 FEET; THENCE SOlo 22' 28" E, A DISTANCE OF 52 ~ 69 FEET TO A POINT OF A CURVE CONCAVE TO THE NORTHEAST, AND HAVING A RADIUS 125. 00 FEET, WHOSE CENTER BEARS .N 01022'28" W; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93006'4911, AN AR~ LENGTH OF 203.14 FEET TO A POINT OF TANGENCY: THENCE N 01044'21" E, A DISTANCE OF 89.63 FEET: THENCE N 88015' 39" W, A DISTANCE OF 57.16 FEET TO THE POIHT OF BEGINNING. CONTAINING 3650S SQUARE FEET. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY TH~T TO THE BEST OF MY KNOWLEDGE AND BELIEF TH~T THE SKETCH REPRESENTED HEREON COMPLIES WITH THE MINIMUM TECHNIC1\L ST1\ND1\RDS, 1\S SET FORTH BY THE FLORIDA BOA.RD OF L1\ND SURVEYORS, PURSUANT TO SECTION 472.027 FLORIDA ST1\TUTES. NOTE: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 2. THE SKETCH IS BASED ON INFORMATION FURNISHED B~ CLIENT OR CLIENT'S REPRESENTATIVE. 3. THIS SKETCH IS NOT V1\LID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SE~L. /"7/1 ,; ...., " ...../. , / t -):, V-:r}~, ~~ M.F~MAN, R.L.S. t 2633 ST1\T~F FLORIDA JUL 1 8 1990 r CARRIAGE HOMES. BY. A,,2 ~:r~'~5J]:. ShalJoway, Foy, ~,::::'. RaYlnan & Newell, Inc. ..:., -- "''''''' Engineer" . Plonnl'r8 · Surn~)'on Telephone: (407) 655 -" 51 . laJllJ.e1 v cd ere Hont!. WCflt ralm well. Florit.la 3J.M FIELD BOOK NO. 52/ y 2.,t."( r.,\ A ~l 6 /11 !qO JOB "'40 FLORiDA R L 5 # 2633 89101 ENGINEERING DEPARTMENT MEMORANDUM NO. 93-177 TO: James Cherof City Attorney FROM: Vincent A. Finizio Deputy City Engineer DATE: July 1, 1993 RE: Carriage Homes of Congress Lakes North South Corporation February 16, 1993 Bond Release Request Shared Recreational Facilities Termination Agreement 2nd Departmental Request for City Assistance from City Attorney's Office Review of Termination Agreement The above referenced Termination Agreement was received by this office on May 24, 1993 and was subsequently faxed to your attention on May 25, 1993 (see attached transmission report) . I realize your office is very busy but I respectfully request that your attenion be directed toward reviewing the agreement so that I may provide the long overdue response to this Developer. Thank you in advance of your anticipated cooperation in this matter. J~{ ~A-A~ . Vincent A. Finizio ~ VAF/ck cc: J. Scott Miller, City Manager William Archdeacon, PE,PLS, City Engineer Gail Bryant, North South Construction Tambri Heyden, Senior City Planner attachments MEMORANDUM NO. 93-69 July 6, 1993 TO: Vince Finizio, Deputy City Engineer Rose Marie Lamanna, Legal Assistant~ FROM: RE: Carriage Homes of Congress Lakes As I previously advised you, the City Attorney had reviewed this issue with Tambri Heyden, Senior City Planner. For your information I have enclosed a copy of the Fax Transmittal Sheet, dated June 14, 1993 wherein Gail Bryant was furnished comments by both the City Attorney and Tambri Heyden concerning these documents. It was my understanding that she would contact Tambri after her review. cc: J. Scott Miller, City Manager Tambri Heyden, Senior City Planner RECEIVED JUl 6 PLANNING DEP1, I . --- CXTY or aOYNTONfEACH . L_9a1 Cepartm n~ 10Q ~a.~ .oyn~on B.ao aou1avard P.O. .ox 31 Boynton .a.oh, F1or~d 33425-0310 FAX NO. (407) 73 -745' PHON&I (407) 73 -7405 TOI U:, II '-/ .h;;J ~/Y\-r I i I lrXMEI I 4.'.51) DATE I FAX NO. OF ~~C%P%ENTI rROM I ~ ~ 1'Y1cL.-<.AJ 7.3"'- 7<J.(.jO rXLE REFERENCE I I ~~;~~~d~~~~~{~~ Y'~ dJJ?:~.r\.(.b - ~~./~.{dtyJ't-A-dL1.P t4!J c~ , . _ v oJ- Ct./'YY\...b"'1 0 <. - I 62 NO. OF PAGES 1NCLUD%NQ yOV~R SHEET ~t CL?<../y\ /'J..O.-.LA -Y\...L./t eLf- I .3 4- fi' \ I I L~. ~ 17 TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT ** COUNT ** # 7 *** SEND *** NO REMOTE STATION I, 0, START TIME DURATION #PAGES COMMENT 1 407 737 7640 6-15-93 8:18AM 3'55" 7 TOTAL 0:03'55" 7 XEROX TELECOPIER 702C n GEE & JENSON Engineers,Archttects,Planners, Inc One Harvard Circle West Palm Beach. FL 33409 Telephone (407) 683,3301 Fax (407)686,7446 MEMORANDUM FROM: Vince Finizio ~ W. Richard Stau i er [. r City Engineer TO: DATE: February 9, 1993 RE: Carriage Homes of Congress Lakes Bond Release In addition to the field inspection concerning the construction of required improvements, the following outstanding issues must be addressed before full bond release can be processed for this project: 1. Recordation of a temporary, offsite access and combination utility easement. 2. Recordation of an access easement, superimposed over the existing utility easement in Savannah Lakes Drive. 3. Termination of the recorded tennis court agreement for the deleted tennis court amenities. I have enclosed a copy of the July 23, 1992 Planning & Zoning Dept. cover memo I referencing the above issu~s. i \ Please call if you have any questions. WRS /bf 93-049 Ene!. cc: Don Johnson Pete Mazella J. Scott Miller Tambri Heyden RECEIVED ~E8 11- PLANNING DEPT~\ ... ( '", \" ' - Ii BOOSE \ " ~ WILUAM R. BOOSE. III I \X' \ \ ALAN J. C1KUN. P.A. I CIKLIN \ CORY J. C1KUN ! (, \ \ ' , \ -' ANNI W, COLLffiE MARTENS \ RICKEY L, FARRELL , ~ !' STEPHEN FRY & LUBITZ DANIEL A. HERSHMAN BRUCE G. KALElTA LRW OFFICES G-lARLES A. LUBITZ HOMER H, MARSHMAN RIG-lARD L. MARTENS, P.A. 24 April 1985 Mr. Peter L. Cheney, City Manager City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 Re: Variance Request/Wa1boyn Development/Collector Road to Adjacent Subdivision Dear Mr. Cheney: As we have recently discussed, in order to eliminate any legal questions about the requirement of the Walboyn Development to provide an 80-foot collector roadway to the adjacent subdivision to the West, it has been suggested by City staff that we apply for a variance, pursuant to Article XVI' of the Boynton Subdivision Regulations. Although we do not necessarily agree that .the Walboyn project constitutes a subdivision, and that the 80-foot collector roadway is required; in order to eliminate any question and resolve this issue, please consider this our request for a variance from the aO-foot collector provision set forth in the Subdivision Regulations. We believe that the variance is appropriate in this particular case because the nature of the adjoining residential area does not require an aO-foot collector to serve it. The strict enforce- ment of the provisions of the Subdivision Code would cause an unusual and unnecessary difficul ty to the Walboyn developers because it would require them to either place the collectoi roadway through the center of thei r development, which would force residential unit owners to traverse a commercial development in order to reach their homes, or in the alternative, would require the developer to eliminate a grea t number of required parking spaces in order to accommodate an SO-foot collector. The variance would not have the effect of nUllifying the intent and purposes of the ordinance, and it has been determined by the Palm Beach County Traffic Engineering Department that a roadway along our southerly boundary would be more than adequate in order to serve the residential subdivision... AH proposed access along the southerly boundary for which the developer seeks approval ~s attached as Exhibit "An. The special conditions set forth here~n do not result from the action of Walboyn, and the variance request will not confer on Walboyn any special privilege that is denied by this ordinance to other lands. EIGHTH FLOOR. THE CONCOURSE. 2CXXl PALM BEAGl LAKES BlVD, . WEST PAlM BEACH, Fl33409 · (305) 689,9595 TUJX 510-952-7646 Mr. Peter L. Cheney, City Manager City of Boynton Beach 24 April 1985 Page Two It is our understanding that this variance request, as well as the final ordinance reading of Walboyn previous applications, will be decided by the City Council at their next meeting, being May 7, 1985, and that a review of this request will be scheduled before the Technical Review Board prior to the Council's public hearing. Since the Subdivision Regulations require that the request be submitted to the City Engineer, I am for that purpose, sending him a copy, as well. If there is any further information that is required, please do not hesitate to call me. AJC/ag Enclosure cc: Ocean Properties Kimley-Horn Carmen Annunziato James Vance, Esquire Tom Clark, City Engineer, City of Boynton Beach ..h. j.(,r: o 40 80 I , SCALE fEET .e77.02 EXHIBIT "A", ---I ) i1 ./ r - I I - '1] Il U ~ ~ n ' If= 24' 30' ~ , CATALINA CLUB CATALINA CENTER CA T ALINA CENTER CA T ALINA CLUB SOUTH ACCESS I..~J ,(<6J:!~~~-'~~~> !~~l':~~-' i~'~~' 14;;-, \~~~Jt~s \<t~1~":~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ G<M!rnor July 6, 1988 THOMAS G. PELHAM Secretary ~r. K~ndLick ~ucker Huey, Guilday, Kuersteiner & Tucker, P.A. suite 510 First Florida Bank Building Post Office Box 1794 Tallahassee, Florida 32302 Re: Ocean Properties, Ltd./Walboyn; File CL-I088-028 Dear Mr. Tucker: The Department has received your letter of April 4, 1988, in which you requested the Department's opinion as to the aggrega- bility of certain parcels of real property located in the City of Boynton Beach, Palm Beach County, Florida. The Department has reviewed the proposed project in terms of aggregability for the purposes of development of regional impact (DRI) review. According to your letter, Ocean Properties, Ltd., owns a partially built development known as Walboyn in Boynton Beach, Florida. Walboyn was approved by the City of Boynton Beach on A~ril 2, 1985. and is located at the southwest corner of Conqress Avenue and Northwest 22nd Avenue. The project consists of 154,400 square feet (SF) of retail use with 692 parking spaces on 12 acres, 75,000 SF of office use on six acres, and a 168-room hotel. Ms. Tambri Hayden, of the Boy ton Beach Planning Department, has indicated that the retail and hotel portions are essentially built while the proposed office portion of the development has not yet received local government approval. According to the information that you provided, Ocean Properties, Ltd., owns 100 percent of the company which is the owner/developer of Walboyn, walboyn Development Corporation. EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT Mr. Kendrick Tucker July 6, 1988 Page Two Boycon, Inc., is proposing to acquire a 36-acre site which abuts the Walboyn site and construct approximately 466 residential units. Ocean properties owns 45 percent of Boycon, Inc. C&R Development, an unrelated Connecticut corporation, owns 50 percent of Boycon, Inc. The remaining five percent of Boycon Inc., is owned by a Mr. McMurrain, an employee of Ocean Properties, who has no ownership interest in Ocean Properties or C&R Development. The Walboyn property and the undeveloped parcel are connected by a large drainage pond. Boycon, Inc., now owns the pond. The ~Laina~e pond was construc~~~ fvr 5tormwate~ ret~ntivn al1d to obtain fill material by the Riteco Corporation (Riteco) as part of the original development planned by this company for both tracts and other lands. The Walboyn site, the apartment site, the drainage pond, and other lands were contained within an approved mixed-use PUD known as the Catalina PUD. The Catalina PUD was a residential development consisting of apartments, condominiums and approximately two acres of retail facilities. According to your conversations with staff, the only development undertaken by Riteco was the dredging of the large drainage pond located on the site. This PUD was abandoned by Riteco, and the property was divided into at least three segments which were sold to separate owners. The Walboyn development was not submitted as an amendment to the Catalina PUD, but as an entirely new development. This, in effect, is a new master plan since a new site plan, new rezoning, new internal roadways, etc., were submitted for the Walboyn development and approved by the city. In addition to the large drainage pond, Walboyn and the proposed apartment project will share other infrastructure such as an internal roadway and recreational facilities. There is also a possibility that the projects may share some form of common marketing scheme. Rule 28-11.002, Florida Administrative Code (F.A.C.), in part, defines common ownership to exist when legal fee simple interest or equitable interest in two or more parcels of land is vested in the same person at the time physical development of the parcels is initiated. However, the plan that was in existence at the time the drainage pond was dredged (Catalina PUD) was subsequently abandoned. Mr. Kendrick Tucker July 6, 1988 Page Three Pursuant to Rule 28-11.003, F.A.C., two or more developments shall be aggregated when they evidence the existence of a unified plan of development and either common ownership or majority interest. A unified plan of development shall be deemed to exist when two or more developments are in proximity to one another, share infrastructure, and evidence the existence of a master plan of development. In your letter, you acknowledge that the subject properties are in proximity to one another and will share infra- structure. You have provided additional information in a letter dated April 11, 1988, which states that shared infrastructure was required by the City and therefore was not voluntary for the purposes of determining aggregability. This issue is moot, however, since according to the information you provided, there exists no common ownership or majority interest between the Ocean Properties, Walboyn Development Corporation and Boycon Inc., which proposes to develop the adjacent properties as an apartment complex at the time physical development of the parcels is initiated. Either majority interest or common ownership must be present in order for aggregation to occur. This determination is based on the current Aggregation rule, Chapter 28-11, F.A.C. Please be advised that as of September 1, 1988, the revised Chapter 380.0651, Florida Statutes, Guidelines and Standards, will be effective and will be applied to any developments sought to be aggregated unless they have both (all) received authorization to commence development prior to the effective date of the statute. Such a determination must and will be based on an approved plan of development by the local government with jurisdiction. Therefore, when both developments (in this case Boycon's r~sidential develop- ment and the office portion of the Walboyn development) have received local government approvals to commence development, we hereby request that you ask the Department for another n~+.er1!li.n.,.,t::i.("ln _ The Department has no independent knowledge of your assertions. Based solely on the information you have provided, it appears that the two developments would not be aggregated for the purposes of DRI review, since no common ownership or majority interest is evidenced. However, the Department reserves all rights pursuant to Chapter 380, Florida Statutes, and Chapter 28- 11, F.A.C., concerning the aggregation of these developments, and further review of these developments may be required at a later date if additional information comes to the attention of the Department. Mr. Kendrick Tucker July 6, 1988 Page Four Since, under existing law the sum of the percentages of the appropriate thresholds for each land use in the Walboyn portion of the development constitutes 111.6 percent of the multi-use threshold, the developer may be required to apply for a binding letter of interpretation of DRI status by the Department pursuant to Paragraph 380.06(4) (b), Florida Statutes. The Department is in the process of conducting a preliminary analysis in this regard. If you have any questions or comments concerning this matter, please call me or Alto P. Thomas in the Division of Resource Planning and Management, Bureau of State Planning, at (904j 488-4925. Sin~~~ ~Thomas Beck, Chief Bureau of State Planning JTBjatp cc: Ms. Chris Beditz (TCRPC) Mr. Carmen Annunziato (City of Boynton Beach) . Shalloway, Foy, ~ Rayman & Newell, Inc. April 18, 1990 Jim Golden City of Boynton Beach Planning Department P.O. Box 310 Boynton Beach, FL 33425-0310 RE: CARRIAGE HOMES OF CONGRESS LAKES TECHNICAL REVIEW BOARD SUBMITTAL/SITE PLAN APPROVAL SFRN PROJECT *89108 Dear Mr. Golden, Please find enclosed six (6) sets of the following information for your review and approval: 1. Construction plans and details. 2. Landscaping plans. ~. site plans. 1.4. Building plans. 5. Lighting plans. (Will be forwarded April 23, 1990) ~. Elevations of buildings. L7 . Survey. 8. Calculations: ~A. Water and wastewater demand yB. Water management te. Fire flow ~. F.D.O.T. pipe sizing ~. Water meter sizing fY". Check Number 3269 in the amount of $350.00 for site plan approval was previously submitted. ~O. ~'One (1) set of preliminary cost estimates Should you have any questions please call Jay Foy, P.E. or the undersigned at (407) 655-1151. ;;a' Alex Garcia ,. AG/dd cc: V. Finizio B. Walsh Engineers. Planners. Surveyors 1201 Belvedere Road. West Palm Beach, Florida 33405 Tel. 407/655-1151 Fax 407/832-9390 Suite 340. 900 East Ocean Blvd.. Stoan. Florida 34994 Tel.4071286-3223 Fax 4071286-8491 __ Shalloway, Foy, ~ Rayman & Newell, Inc. May 4, 1990 Jim Golden Planning Department City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 RE: CARRIAGE HOMES OF CONGRESS LAKES/COMMUNITY APPEARANCE BOARD (C.A.B.) SUBMITTAL SFRN PROJECT #89108 Dear Jim: We are hereby submitting the following information for the C.A.B. review and approval: 1) Check Number 3569 in the amount of $50.00 for the application fee. " 2) 3) Technical Review Board approval was on May 1, 1990 \ staff comments are attache~..I(..V111 V,le.. At.fr..eJ~ e.~l.'''''oJd /,oi'....a:I~...J ~ (I i....~ '''''',,1. ~. \~ l""'~ 4) Three (3) sets of the following plans: a. site plan b. Landscape plan c. Front and side building elevations 5) Color renderings for each type of building 6) Transparencies of site plan 7) Legal description of site 8) C.A.B. application completed 9) Location map Should you have any questions, please call the undersigned at (407) 655-1151. Sincerely, ~ ~ ~<<J? Alex GarcJ.a AG/dd Enclosures cc: B. Walsh/North-South Engineers. Planners. Surveyors 1201 Belvedere Road, West Palm Beach, Florida 33405 Tel. 407/655-1151 Fax 407/832-9390 Suite 340, 900 East Ocean Blvd" Stuart, Florida 34994 Tel. 4071286-3223 Fax 4071286-8491 CITY of BOYNTON BEACH ~ ~ Nailing: Post Office Box 310 Boynton Beach FL 33425-0310 (407) 738-7480 100 E Boynton Beach Blvd Boynton Beach FL 33435 BUILDING DEPARTMENT City Hall Complex West Wing Telephone: Address: November 21, 1990 Mr. Thomas McMurrian 2010 Lindell Boulevard Delray Beach, FL 33444 RE: CARRIAGE "HOMES OF CONGRESS LAKES - SITE PLAN File No.: 90-015 This letter is to inform you that your project has received final sign-off on November 16, 1990 of the plans submitted for review by the Technical Review Board. Completing the Site Plan Review process enables you to submit working drawings and construction plans for the site work and building construction to the Building Department for plan review and permitting. To initiate this process present to the plans analyst in the Building Department the following: a} appropriate and completed permit application form b} copy of this letter c) appropriate plans and associated documents d) a plan filing *permit fee The plan filing fee is made payable to the City of Boynton Beach in the amount of *** .3% *** of the valuation of the work specified on the permit application. The total permit fee is determined by the BUilding Department, and is due when the permit is issued. *Section 5-4 Permit Fees, City of Boynton Beach Code of Ordinances For information regarding permits related to the site work contact the Site Development Division (407 738-7484) and (407 738-7480) for permits related to the construction of the building. If I can be of further assistance, please contact me. Development Administrator ,,"\~,-). \ HEH:ald ~(h~~! ,- ".I, 7"~~ r " ',' [\~','" .~.:~. cc: Central Files TRB File 'Ie \.,... ......- .,------_....---'-' ~....".... 0-' ' ji Grt,)y\..,- --- TIie City of $oynton 13eac/i - OFFICE OF THE CITY ATTORNEY (407) 738-7405 100 '1:.. 'Boynto",1Jtad. 'Boulevard P.O. 'Bo~310 'Boynton 'Bead., :Florida 33435.0310 City 9fdL. (407) 734.8111 :FfU: (407) 738.7459 January 15, 1991 Alan J. Ciklin, Esq. Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell 515 North Flagler Drive West Palm Beach, FL 33401 Re: Carriage Homes Temporary Easement Dear Mr. Ciklin: As a fOllow-up to my correspondence to you of December 17, 1990,' I am still awaiting the revised utility easement relative to the matter captioned above. Please advise me as to the status and when I may anticipate receipt of the same. We would like to conclude this matter as soon as possible. Thank you for your assistance. Yours truly, '1(1 I /I( j})., t. ~ ) I . I / j ': . ;./ l "A . (.." ~-- Jay D. Mussman Assistant City Attorney JDM/ras cc: J. Scott Miller, City Manager Chris Cutro, City Planner Tambri Heyden, Assistant City Planner RECEIVED JAM 1,. q I PLANNING DEPT. CITY of BOYNTON BEACH ~ @ 100 E. Boynlon Beach Blvd. P. O. Box 310 Boynlon Beach, Florida 33435-0310 (407) 734-8111 August 16, 1990 Mr. Thomas T. McMurrain Walboyn Development Corporation 1755 North Congress Avenue Boynton Beach, FL 33426 RE: Carriage Homes at Congress Lakes - Site Plan Tennis Court Agreement File No. 428 Dear Mr. McMurrain: I have reviewed with the Recreation Director and the Interim Planning Director your letter of agreement with respect to shared use of the tennis courts at Carriage Homes. We need to have you include some additional information in that letter to specify that two of the eight courts will be reserved for apartment use only and that they will be marked reserved accordingly. The letter should reference a diagram indicating which two courts will be reserved (I have attached a site plan reduction that we had on file that may be ~sed.) I need to get the advice of the City Attorney, who won't be back from vacation until Monday, August 20, 1990, regarding the enforceability of the form of this agreement and the issue of use of the courts on a non-profit basis. I am assuming that he will require further clarification and also recordation of this agreement. The Building Department has informed me that permit application plans are currently being reviewed and that since a building permit cannot be issued until a final plat has been recorded, they must wait for recordation of the plat before they may sign off. Therefore, in the interim, the revisions to the agreement can be made prior to the Planning Department signing off, without delaying issuance of permits. I have also been informed that the draft of the temporary access easement that was transmitted to the City Attorney by Richard Critchfield was forwarded to the Engineering Department for TO: Mr. Thomas McMurrain -2- August 16, 1990 comment. The Engineering Departmemt has no problem with it. I will follow-up on this also when the city Attorney returns from vacation. If I may assist you in any other way to expedite acceptance of these two documents, please contact me. Sincerely, CITY OF BOYNTON BEACH J~ p.- zky~ TAMBRI J. HEYDEN Assistant city Planner tjh Attachment A:TennisAg xc: Chron. file CITY of BOYNTON BEACH 100 Ellat Boynton Beach Boulevard P.O. BOl( 310 Boynton B.ach, Florida 33"25-0310 '4071 T3~-8111 FACSIMILE TRANSMISSION DATE: (';- /7- fV TIME: TO: ~~>> c-)Jzu~-LA~_ 137-- ~J'-;V FROM: FILE REFERENCE: '-- COMMENTS: NO. OF PAGES INCLUDING COVER SHEET:~ .. .111 II: III I. III 'If U ,I J I~ , I . :n~~ 4 1:7 0 . I ~ 3. .0' tot a ... 0'. :' ,. \:. . ff ... 9 aM . ... :! .. Fell tclIfST'!tJ:f1o. $ :1~~ I (I) ~ I " i ~Ul - ---- ~ ::::> '--.. ..... ~nllu. c 1 ~ \ n j ~ r-'~ r--" 1 I . . i II :I , II II I i I' I' I p :1 I ] "~I \ \ \ .--r--'- __~Il_t... Carriage Homes of Congress Lakes IOYNfOH aIACM. 'LOR IDA ~.~ STB erchtt:ect:e & tennere. Inc. - den.s I ~- ..- --- -.- .... -... 'Waft,.o!Jn :DE<JEfopmEnt CO'LpO'Lation 'B~s~xKltV<~~'K!JI.m~'j~'t/(.X.B~~AX~~~~Xr;}.tJ.~X~~~ 1755 NO. CO~RESS AVE. BOYNTON BEACH, FLORIDA 33426 ~m-x:I(~XX4WmX . 407-364-8800 RECEIVED July 20, 1990 JUt. 25 1990 PlANNINli DEPT.. Planning Department City of Boynton Beach P.O. Box 310 120 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435-0310 ATTENTION: TAMBRI HAYDEN RE: CARRIAGE HOMES OF CONGRESS LAKES/USE AGREEMENT FOR TENNIS COURTS Dear Ms. Hayden: As required by the City, please consider this our agreement relating to the use of the tennis courts at the Carriage Homes of Congress Lakes. We hereby. acknowledge that the tennis courts are a recreational ammenity to the apart- ment residents, and that we have received a recreational impact fee credit. We hereby agree that the tennis court ammenity will be open to the apartment residents, and will be shared by the C-3 zoned parcel, adjacent to the Carriage Homes site. In addition, we further agree that the tennis courts will be available for the commercial resort on a non-profit basis. We hereby authorize and acknowledge the use of this agreement to be made a part of the official record of the City. Si nctre ly, ~A..:... Thomas T. McMurrain, VP Walboyn Development Corporation TTM:rao f ~... ~ , \ t ) t ) ~ . t . ( " . ~., ...-..: PLANNING & ZONING DEPARTMENT MEMORANDUM TO: Vince Finizio Administrative Coordinator of Engineering FROM: Tambri J. Heyden Senior Planner DATE: August 14, 1992 RE: Carriage Homes of Congress Lakes - File No. 428 Second Response to Request for Performance Bond Reduction Regarding your August 11, 1992 request for responses to the Carriage Homes performance bond reduction, please be advised that my memorandum dated July 23, 1992, relative to this matter, still stands. To date the applicant has not addressed any of the three issues itemized in my July 23rd memorandum (recordation of a temporary, off-site access and utility easement, recordation of an on-site access easement and termination of the recorded tennis court agreement). For two years, I have tried, with the City Attorney's assistance, to obtain the two referenced easements, which were conditions of the Carriage Homes site plan approval and have had no success. Since building permits and certificates of occupancy have already been issued, denial of this bond reduction request is strongly urged until the applicant resolves these outstanding issues. ,/ - ~ -1/ .....,::/ ~0k- ,JC;~ 'iit..",,-/ Tambri J. Hey en ~ TJH/jm A:CARRIAGE.JM PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Vincent Finizio Administrative Coordinator of Engineering & Inspections FROM: Tambri J. Heyden Senior Planner DATE: July 23, 1992 SUBJECT: Carriage Homes of Congress Lakes - File No. 428 Request for Performance Bond Reduction Please be advised that the Planning and Zoning Department has the following outstanding issues with respect to the Carriage Homes performance bond reduction request and therefore, recommends that the request be denied until these issues are resolved: 1. 2. 3 . tjh A: Recordation of a temporary, off-site access and utility easement as required and detailed in the attached correspondence. I have discussed with Pete Mazzella of the Utilities Department the need for this easement to be referenced as a combination utility easement. He concurs and asked me to include this in my response to you since his department had already responded to you regarding this request. Recordation of an access easement, superimposed over the existing utility easement in Savannah Lakes Drive, as required by the 1985 subdivision variance (see attached memorandum to Jay Mussman, dated september 18, 1991). Termination of the recorded tennis court agreement (see attached "Shared Recreational Facilities Agreement") since with the latest deletion of the surplus tennis courts and substitution of different recreational amenities, this agreement is obsolete. r -dhdk9-. JL;~ Tambri J. Heyden CarrHome Attachments xc: Christopher cutro, Planning and Zoning Director NORTH SOUTH July 12, 1991 c-- (r.~L Mr. Vincent Finizio CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd Boynton Beach, FL 33435 RE: CARRIAGE HOMES OF SAVANNAH LAKES Dear Mr. Finizio: We would like to request that the width of the sidewalk along Savannah Lakes Drive be reduced from eight feet to five feet. As the site begins to take shape, it becomes apparent that the amount of green space or landscaping along the street is very minimal. Anything we can do to increase this area will add greatly to the esthetics of the project. Your prompt consideration' of this request would be greatly appreciated. Should you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely, NORTH SOUTH CORPORATION ~sU- Rhonda S. Harrell, AlA To:; ALL TECBNICAL REVIEW BOARD MEMBERS Fram: Vincent A. Finizio 07/15/91 ~ :. R.equest for Canrents Please "Jrovide this office with written stateIrents as to whether"" or not your Dept. has any objections to this request. Should anyone know why this sidewalk was 8' instead of 5' nlease advise .(recreation enhancerrent? etc.) A Dranpt reply j; would be ap1?reciated by the developer. Thank you. RSH:hc '''; RECEIVED' .. ,JUL 11 ..... PLANNING DEPT. 1769 North Congress Avenue · Boynton Beach, FL 33426 . 407-364-9400 · Fax: 407-364-9562 ~ /(/ CARRIAGE HOMES DEVELOPMENT, INC. 1755 North Congress Avenue Boynton Beach, Florida 33426 August 10, 1992 ~-- I~~, IS:;~ ~, 'T <5J '\ . /~') s Received ~ \: ...! <:.) ~ I l:,:.~i\ AUG 1 1 1992 r: ..,.....:.. C:J ~ : \. ~.- o~. ClTV ENGiNEER ~ i \ \ .. . y '" ' ., -' ., 1'0 oL.",O / \:>'.., ~ BEAC'r\. ~ '. I r' "- ',) / i \ l-' . '~---9~/ Vincent A. Finizio Administrative Coordinator of Engineering Office of the City Engineer City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435-0310 Re: Carria~e Homes of Congress Lakes Developer's Request for Bond Reduction Dear Mr. Finizio: This letter has as its purpose to set forth my understanding of the agreement reached between Carriage Homes Development, Inc. and the City of Boynton Beach whereby the bond requirement for the above-captioned project would be reduced from $869,984.75 to $255,000.00. This reduced amount would be apportioned as follows: (a) $35,000.00 for water and wastewater systems combined, and (b) $220,000.00 for recreation. If you have any questions or require additional information, please do not hesitate to call me at 364-9400. Yours \trulY, 1t;N1~ Thomas T. McMurrain Vice President TTM/rlf 8/11/92 Please respond as soon as possible concerning the above referenced bond reduction. We would like to schedule this reduction for the City Commission meeting of August 18, 1992 RECErl/'ED AUG 1 1 PLANN!I',G D'pT. ~ Thank you. ~--:1~~ ~ II: Shalloway, Foy, Rayman & Newell, I:nc. Mr. Vince Finuzo City of Boynton Beach Engineering Department P.O. Box 310 Boynton Beach, FL 33425-0310 ~ilJ /,4-r-- - - January 29, 1993 RE: CARRIAGE HOHES OF CONGRESS LAKES SFRN PROJECT 189108 Dear Vince: I hereby request a final walk through inspection of the above referenced project. This inspection will include all required and bonded improvements. Please contact my when we can arrange an on-site meeting. BJLjskg cc: G. Bryant '., -.~. '~'J~""!"_,;-~}) ,) ~:...\;~:i:! :;_:~ ~J::.?TlI Engineers - Planners - Surveyors 1201 Belvedere Road, West Palm Beach, Florida 33405 Tel. 407/655-1151 Fax 407/832-9390 S~~e_lY . :~~- Br1an J. LaMotte, P.E. Principal FEBRUARY 3, 1993 TO: TECHNICAL REVIEW COMMITTEE Please arrange a final walk- thru inspection with the Developer's Engineer and provide written comments to this office indicating whether or not you have any objections to the requested full bond release. Comments due by February 16, 1993. _ ll. - <L Vincent A. Finizio cc: J. Scott Miller Suite 340, 900 East Ocean Blvd., Stuart, Florida 34994 Tel. 407(286-3223 Fax 407(286-8491 PLANNING DEPT. MEMORANDUM NO. 90-288 TO: James Cherof, City Attorney FROM: James J. Golden, Interim Planning Director DATE: August 28, 1990 SUBJECT: Carriage Homes of Congress Lakes - Tennis Use Agreement and Access Agreement - File No. 428 Concerning the correspondence from Alan J. Ciklin to you, dated August 27, 1990, relative to the tennis use agreement, please be advised of the following: 1. The City did not require shared recreational facilities between the commercial parcel and the residential parcel. The concept of shared facilities was approved by the City commission at the request of the applicant. 2. The office parcel does not have to set aside two tennis courts. The residential parcel must reserve two tennis courts for the perpetual use of the residents. These two reserved tennis courts cannot be shared by the commercial parcel. 3. Concerning the "profit" issue, the residential development cannot derive a profit from the tennis courts utilized by the commercial development (Section 7.D. of PUD Ordinance). Conversely, the commercial development should not be allowed to derive a profit from "court fees" from its members utilizing the tennis courts within the PUD, in accordance with Section 7.D. Therefore, this agreement must be revised to address this issue. 4. This document needs to be recorded as previously discussed. If this agreement only becomes part of the City's records, as referenced in the last sentence of the agreement, it will be difficult to enforce and will not ensure that the parties' obligation passes on to their assigns. 5. Please update me on the status of the revisions previously discussed regarding the cross access agreement. ~~.(70IJ) J ES J. DEN Il' / JJG:frb cc: Alan Ciklin Tambri Heyden A:PM90-288 t- . Date: -Time: To: CITY OF DOYNTON DRAal Planning Depa~t.ent 100 E. Boynton Beach Boulevard P.o. Box 310 Boynton De~ch, Florida 33425-0310 FJ\X NUtUlKR (407) 130-7459 OFFICE NUMBER (407) 138-7490 FAX TRANSMITTAL COVER LETTER 6 ~;?f- fa Number Fax Number Transmitting To: letter): From: Remarks: ~ .. LAW OFFICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE 8 O'CONNELL BRUCE G, ,",LEX,",NDER F'LETCHER N. B,",LDWIN. JII: ..JER,",LD S. BEER WILLI,",M R, BOOSE, m P.,"" .JOHN 0, BOYKIN P,",TRICK .J, C,",SEY. P,,",. ,",LAN .J, CIKLIN. P,A, CORY .J. CIKLIN MICHAEL W, CONNORS ROBERT L, CRANE. P.,",. B. .JEANE CLARKE F'REDRIC E. EPSTIEN LEE B, GORDON MICHAEL D, GORDON, P.A. MIKEL D. GREENE DONALD H, GUST,",F'SON, .JR. 27 August 1990 A P,",RTNERSHIP INCLUDING PROF'ESSIONAL ASSOCI,",T10NS LYNDA.J. HARRIS, P.A, O,",NIEL A, HERSHM,",N DEBRA A. .JENKS BRIAN B. JOSLYN BRIAN T. KING CH,",RLES ,"" LUBITZ, P,A, RICHARD L. MARTENS. P.A, LOUIS R. McB,",NE. P,A, CLAUDIA M, MCKENN,", MORRIS G. (SKIP) MILLER BRIAN M. O'CONNELL. P.A. PHIL D. O'CONNELL, .JR.. P,A, CARl A. POD EST'"' STEPHEN L. SHOCHET SUSAN WILLI,",MS LONNIE B. ZANGRILLO PHILLIP D, O'CONNELL, SR. (1~07-lge7) OF' COUNSEL .JOHN L. REMSEN LEWIS M. S,",NG NORTH BRIDGE TOWER I . I~'" F'LOOR 515 NORTH F'L,",GLER DRIVE P. O. DRAWER 02-4826 WEST PALM BEACH, FLORIDA 3~02-4e2e TELEPHONE (407) 832-5900 TELECOPlER (407) 833.4209 RECEIVED James Cherof, City Attorney City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435-0310 AUG 28 1990 PLANNiNG DEPT. ,.. T Re: Shared Recreational Facilities Agreement Between Walboyn Development Corporation and Carriage Homes Development, Inc. Dear Jim: I attempted to call you last week regarding this matter. The City, as part of its approval of the site plan for Carriage Homes of Congress Lakes, has required shared recreational facilities between Carriage Homes and the adjacent C-3 office parcel, which is to be a tennis resort. I have fashioned a letter ag reement, a copy of which is attached, for your review. The office parcel agrees to set aside and reserve two of the tennis courts, and to so designate those courts for use of the residential development. I am attaching a xerox copy of the May 4, 1990 requirement, as reflected in paragraph 18, for your assistance. There is one other outstanding issue regarding the non-profit use of the tennis courts. I ha ve at tempted to contact Tambr i Hayden to discuss this matter with her, but have thus far not been successful in reaching her. I believe the non-profit use of the tennis courts has been carried down from the various approvals since the tennis resort was part of the PUD. I am attaching a copy of Section 7 of the PUD Ordinance of the City. It shows in subparagraph D that "non profit clubs" are uses permitted. I believe that restriction is no longer required, in that the tennis resort was eliminated from the PUD, along with what is now known as Catalina Center, several years ago. I am also attaching a copy of the permitted uses within the C-3 Commercial District which reflects under paragraph 1M that "tennis clubs" are permitted uses, and they do not have to be non-profit. It appears that although the non-profit issue James Cherof, City Attorney City of Boynton Beach 27 August 1990 Page Two once existed, it is not a requirement under the C-3 Regulations, now that the tennis resort is no longer part of the PUD. I am also attaching a copy of the Planning Department's map showing the commercial development, including the tennis resort and the adjacent PUD. After you've had an opportunity to review the Agreement and the non- profit issue, please call me with your questions or comments. Thank you for your cooperation. /' AJC/ag Enclosures cc: Tambri Hayden 27 August 1990 City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Shared Recreational Facilities Agreement Between Wa1boyn Development Corporation and Carriage Homes Development, Inc. Gentlemen: It is hereby acknowledged between the undersigned that the City of. Boynton Beach requires certain designated recreational facilities as part of its Land Development Regulations. Walboyn Development Corporation is the owner of property within the City to be developed as a tennis resort. The property is presently zoned C-3. Carriage Homes is a residential multi-family development, and is part of the Congress Lakes POD. Walboyn, as part of its tennis resort development, has a number of tennis courts available, and has agreed to provide and reserve two (2) of their tennis courts for use of the residents of Carriage Homes. Both Carriage Homes and Wa1boyn agree that those two tennis courts shall be so designated and reserved with appropriate signage. The parties hereby authorize and acknowledge that this Agreement become of the official record of the City. . City of Boynton Beach 27 August 1990 Page Two WALBOYN DEVELOPMENT CORPORATION, a Florida corporation, By: CARRIAGE HOMES DEVELOPMENT, INC., a Florida corporation By: The list of recreation amenitIes Itemized on sheet Al.2 and Al.l 'does not specify sIze of play area, size of family picnic area, or details of the picnIc area. ~ppendix C, 1\rticle IX, Section 8F(f) states the minimum size requirements for the play area, picnic area, game courts and . swinming pool. ~ No information is provided that indioates how efficient mail · ~deliVery for 466 units will be handled. fY'. The setbaok labeled as 20 feet on sheet 1\1.2 must be 30 feet. AppendIx 0, Section 9.A. ,/ I :~, C" , ,~(J-\1. I / , , I tf 12 . '\\ ~<1l.) ~ 0) f) PLANN1..J DEPT. MEMORANDUM NO. 90....-~20 Chairman , Members PlannIng , Zoning Board CarrIage Homes of Congress Lakes -2- May 4, 1990 , . The typlca~ stall detail shows 16 foot 'stalls with a2' foot overhan~.onto grassed areas. Most of the parking Is ' . desi9ned to overhang onto sIdewalks. Provide a typical stall detail for this overhang desIgn. sIte plan -.application, page 6, item 126.b. ) .The paving and drainage plan, horizontal control drawIngs and site plan (sheets 1\1.2 and A1.3) do not correspond with respect to number of parking spaces and layout and location of parking spaces in the following areass a) b) c) d) e) f) g) h) 1) j) k) 1) m) n) between buildings 4 , 5 between buildings 2 , 5 east side of building 6 west side of building 8 south side of building 5 west side of building 13 east side of building 17 between buildings 22 and 26 between buildings 21 and 27 between buildings 28 and 31 west side of building 35 around building 38 south side of building 34 west side of building 32 . . slnce few dimensions were provided on the paving and drainage plans to verify minimum' distances, the areas circled on the attached exhibit were noted as not meeting the parking lot regulations with respect to layout and design. In several of the areas noted, aisles are not wide enough for parking spaces to back out onto them and probably will result in a loss of a few parking spaaes. A marked-up copy of the horizontal control drawing, delineating the minimum dimensions required for the areas noted, is available in the Planning Department for the applicant. Chapter 5, Article X, Section 5-142(i)(1). On the horizontal control sheet, building '34 is mislabeled as 'l3. o .1 I The use of shared reoreational facilitIes between the PUD and the C-3 zoned office parcel/tennis resort site must be clArified. The site plAn for the office parcel has expired, however should a new site plan be submitted, an agreement will be required. This agreement must ensure that the tennis courts will be open to the Apartment residents sinoe this amenity is being counted as ~ne of the 5 recreational items required to receive 1/2 credit toward the recreatIon impact fee. ^ppendlx C, ^rtiole IX, Section 8.F. ,. j. ~. ~: .... o 1 .'. .. '- , ',-. ..~ " '" ..... .... .... ". APPENDIX B-PLANNED UNIT DEVELOPMENTS Sec. 7 Section 7. Uses permitted. In a PUD District, buildings, or structures, or land, or water shall be used only for the following purposes: A. Single-family dwellings; B. Two-family dwellings or duplexes; C. Multiple-family dwellings, townhouses, garden apart- ments and cluster housing; D. Private, nonprofit clubs, community centers, civic and social organization facilities; E. Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities; F. Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood; G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals; H. "Neighborhood" commercial uses which are deter- mined at the time of zoning to PUD, to be compatible with the existing and future development of adjacent and nearby lands outside the PUD; I. Other uses of a nature similar to those listed, after determination and recommendation by the planning and zoning board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD development; J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD classifica- tion. K. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) stories. L. Home occupations consistent with appendix A, section U.D. are permitted without the necessity of being specified at the time of zoning to P.U.D. (Ord. No. 89-45, ~ 4, 12-5-89) ". Supp. No. 44 2019 . .. = .. ':':.-:-- . I -_ __"1t::Le. '. ----... --' '... .------1 -~-L6cA ~IONl MAP'l ,~~-::......:....;_ __0 ...:::..~.:.:_::._~_:.:-,..:--.l_ _...~S:.J!A ~ ALI~A CENTR~._.",. _~;", (COMME~C.IAL' DEVELOPMENT) :~A ~ IS.O R1AA NOT . IN CITV ..puc LUI:4.00 "MELEAR PROPERTy' -. - .....\' -... '- See. 6 BOYNTON BEACH CODE ! , ',- all cases, the floor area occupied by used merchandise shall not exceed twenty.five (25) percent of the gr,>ss floor area. Stores which deal primarily in used merchandise, shall be limited to retail merchandise of the type that is permitted in the list of permitted uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used merchandise stores shall be located not less than twenty.four hundred (2,400) feet apart, as measured by direct distance between property lines, and shall have a gross floor area of not more than five thousand (5,000) square feet. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such uses shall be prohibited. '. 7. Off-street parking. As set forth in section 1l.H hereinafter. C, C-3 COMMUNITY COMMERCIAL DISTRICT. These dis- trict regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted Within any C-3 community commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: a. Any use permitted in C.! or C-2 districts, without specific limitation on floor area. b. Any conditional use in the C-2 district, except as pro- vided for otherwise under the C-3 cli~t.rit't "~<TI11",+;^~n ";~ . Shalloway, Foy, Rayman & Newell, Inc. MlIIUIlOl.^ :~ LOCATION MAP. Engineers. Planners. Surveyors 120] Belvedere Road. 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It, h.l:1l,~ b~f$t. :re-o<<ti vClid by 'you /!too ~!"}6*.;:tiO~iU that. you m.tght hev1fI, r loco')< t.'Ciz"",eu;'d, to -;;hal'l. thi~ let ta:l; tQ t,..;,) ami'v'itX any t ~lk.Ln9 to yo',., Very truly yours, " '=~"I\-.~. ~~ J~d.ith A. Burke ') , Gel Mr. Michael Haag 2oof!,," JO$!t AlfaI'Q Mc.r(.ie!1;9t 1'L. n01.!1nd."/ Esq, M\N.!' ae;~AJJV t'M ~ SE~-. gV'SHUT'rS a~d SOWEN 2'. 6-94 I, ! 2 ~ ~,~3 3053811823" Boynton 3ch fax;# 3 SHUTTS is: BOWEN A~'rer:lNI!'1'!i> Mlt:: COWoiS:J:U,(\RJil 4"1' '-A"" '" !l'.l\lll....(;;~i~'~ I~'::' ';CiW:' ~'~On;"lH:\~I<_ ~tit,CC'.ll~.I'!) >;:A,P.Tt; :~, I;:tWkl-\ lIU"'t- \~9.;':;i "'Ml!~e:"'OAW ;::,7Ioi.::r: ;:'\..!III:':\I",i, .C'iV..PI~Iitc: ~9 lOti' ,I,~ ""~$7',;"O",.;. 'l'~l >lPri,,,,"AfJCOi "'!!..Ilu,.,t\~[: !;)lJ'3iliQ~"Cj.c~e... 'tEL~COIl!I~ i';1l.~I~C .e;u- "'HI .II It." L,~,n:t:: ~~"'''t~G: .:.r;.t,~~~ "tE~' ~~~u. Jii :,V>;;J~"1 iit'-~)!' 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"'...O':~fl'j4 ~',.4.~~ ~'ff _ ~~'M~'.i!,';: i~Cf: .~!. ~~t'O tof ..c.::-:,;;r.-'~lfI":""",';.i tJ~~' li6~t; ,:tel! ,;jlt;:~U-'d :t~ro.(''''dNL: arOiJi.~Y;;..'-t~ "''''.. FU:""'tlf, ~~,11 ""';A~' ~:8) :;.,$ - 53~e QPQWoI!:M!:l- !~'H';:r"') "','~;.~ tie...! ...~!ooo.t~;Cf~,l::R '~!,~~, :lll ~G.gJ Ntu-C't-iA,...r.:.... OJ!'II',~r r.;~:"NS.::l'JE', .P ~C.';)~ jIIoll;:J'I.,M,L':" !\c~":...tt:,io1~"i~L, S.IJt:\TZr,~~"',e ~t. ...':;;',...0'>/1 c." '..~1~.~ -;.'Io./hil~" ,..!It!...f:'.:O~)IE..q. Oi! .~;S-l,,,",,O. a;:"~. ..' '.JC.~H ~. .I.Jftt\~ ~~e}~1 ;"..?i .~~..,. !reDxuary r:t I 19514 F'..ii.:~$t: ~C~I..Y "'0 \.'il.."'; {'~?"!Co; :'13" ~,'1m.br1 Ii, MS:{'.:1en, ACt.ing Di.rector. Placnlng and Z~nlng City 0: 3cynton Bejch .leD E, Boynton .Bedell SIva.. SOY1:tOrl S~ar.:hf Fl;'!~ida 33425'-0:310 R~~ ~ "[the '?J:;..i.d.emt,ial. Life Ins'Uranc;,t} Compan'y of AmG\r i~ll. Prn''Chaa~ (;~r:r.,La;c HOi!1.g;S of CCD':;p:eilHJ !,,!lkes -91 t.G! Pl.lSn PUP ~lo" 428 :;;E~iJ: :M5. llayCteru 'Thjfllj fix'Ii). rQ>pr.t.1li.$~r:tg 'I'h.. Pru<ien.tial n'laure,nce Company of t~ner:l;::.'a ("P%~d!:in.t;td!.li!) ir. tlO:r...fIUCzi(:m ",.1.\t.h theIr pu:rch~ulft of a. plimnaod urt;i.t. r.1~velop~~.n.t .1oci1t;:d itl ~':')l'nton B~acht Flor.ia~ i';Om.'Tltm111 'Imown at$! Car:rlage H~I'I'I!i~ {)f Cong-:re8!! !,;aj;e-lI "n.d dal!cr1.beQ in E;thLb1t "it" att..et;hed h<l:o:eto (the "P"o1?~t't;y"). '1'1113 p'l.:rp02~ o:!th!~ let":.er ,Ul to ';:;cn:f:i.rm t~he e)!;.t:llt.~mc~ ot cer.'t.a.ln o.avGJoprnent rlqhts ~.lh1ch inUi''U to t.~lfJi banet:.. t. ot the Cl.:u:rant and futu.re owners of the P:,:;opQ.;Z'cy by 1,'1.rt.'>J.9 cf !lpprCiVa,a g:rante..: by t,h.G1 Ci'ty af Boynton BGilCh (ttle "C.1 t.y" l . m",;, ~]uly 1.6, 1590 the City Commtss.1on gf the Ci.ty of Boynton ~~'lC.h apprcl'\l'sd tl'rat c~rta.1n site ph.n entitled !lCllr:rillge Homes t),f ':;;ong1.'Ell-Ui Lakes'! f prepiS.rmi t-y STE lirCl"ll. tltlets ~md P lan.ners.. I no. ::ated J.\p::.tl 19, 19901 lailt l'itvis&d June 2S,! 1990 {the "Site Pl.an1ij. Th~ Sit~ Plan prcvld~d for the cC~8truction of 466 dwelling uni~~ ::m t,he Property. I have :been info:C'il1ed by tr~~ C1 ty t.1".i!. 1:. t In'th~ i,~\iSnt. .sll or a po:!:tion of the dwel11ng units are destroyed by a. cl.!.JJualty it! the fUtU1"'0, the owner of the Property would hfil pel:'mi tt~Cl to reconsf,;.ruelt. 'f~ha ext~tinQ' ct&valoplt1snt 01'l. t.he Prop~rt.y in li,:co:ed.a.r:.ca w.1th the Site: Plan, specifieaJ ly :htcll1rUng tho r:c;:r.3!;!.''Uctic,'ll''j .;jf ~66 d;,,;e:linq un1t~~. The City furthiH' {::!onfi:rm..d the,t the :r.iqht '1:.0 !eccnatru.ct a.nd M!\.Jntain 466 dwellIng 'I.."1.nH:* on. ~he .Property is ~leiit~r.L n';ltwl that.afidinq .I!u"\';i 'pr.~lIJ~nt or futura den~ity 11mitationH on the Property. ---.--.......--..( ..-. r~:.\-. t',~;: SKU'" ~, an:; (jQv.;E~~ 2- 8-'9AI2.: 04 30538'7823.... 6Qynt~r, Ben .ax'# 5 IXHIBt'l' "A'l L!QAL DBSCRIPT!ON ~).l of 'l;htil Plat cf. CI.il.F11AG:E HOM!.S 03~ CONGRESS LAKES ~. TJ. 'D. ~ /i.leeoX'ding t:o the :?.lo.t. t.h~l'''oi ~ recorded in flat ~o~k S6r FN9~s 1~3 th~ouqh l~S o! the Public Records at -;l~,1l\\ l~...",~h C:ol.mty" .?'lc:rlda, li(ijsa ilnd except Tract, 1\ of s&!.d ,Pllit., ~t,iNil: ie!IUi'U: . !tJF; ", 1!l7/23'l1 ~~ ~l: 44 4137-243-69213 NORTH SOUTH PAGE 01 N 0 ~ T H~ SOU THe 0 a f. Bui14er'. S~ar. P~cjec~ 1400 wat.rlord P1a~. Celray Beach, r.L'33444 Phonec 407 243-9881 l&X1 407 243-6920 ~I~&mbri H.y~.n DATIl JulY 23;' 1993 I\'J:I C:IT'X OF BOYNTON BEACH I "1'IM!: 11:4$ a.m. CARR.IAGB H~tES DEVELOPMENT U:__ PAQEs(excludin9 cove~}. o MESSAGE Oll SOTCH: Ta.mbri - Don'~, be too .hooked, but I finally got a copy,)of the AccesJ5 BtteeJl\ent: Agreement from our Q~~orney. I have had him leave it blank for your review. ~f it meets with the changsetha1: you had ~u9'ge""tl!!!d, ple-a.se let me know ana we will have it BKeou.teo. and returnod t:o you. I am presen1:1y a~ the job si~e li~ted above ~d ma.y be reache6 by pnone o;r fax a't: ei thtlr of the Move numbe.s. Thank:!!. k~ SIGNJ!:Da, 07/23/1993 11:44 407-243-6920 NORTH SOUTH PAGE 02 J!..JL 19 '3~3 11:3, ~J;'OM CRITCHF IEi..D FRG~ . ~IJ2 ~ Pl~NNING ~Nt) 10NINt OEP1. ACCESS EASEMENT AGREEMENT TH1S ACCESS EASEMENT AGREEMENT, made and ,,,'tered into this day of July, 1993, by and between CA~RIAGE HOMES O!'V!'(O'MENT, INC., a rlor;da eorporat1on ("Car-riagen) and the CATALINA CLUB SOUTH PROPERTY OWNERS' MASTER ASSOC!~TION, HiC. (the "A550ci~tio"~). R tel TAL S WHEREAS, Carriage is th~ fee s~mple owner of that certai!'l pal"c~1 01 real property (the "~a.,..riage Homes Real P,ropel"tyll) s1tuate, 1Y;"9 and being in P8!m Beach County, Flor1d~, more pa'rtic:u1ar1y describQd in [!lil~l!-.! attached hereto and m4de a part hereof; and WHEREAS, COl"'riag8 desi'r"/H to grant to the Association al'\d the ASSociation de5;~es to ~ee~ive ffom Carriage a non.exclu~ive aceeS$ e05ement (th. "Ea,ement") for private road purposes including f,;ommon access, ingr.ss and egress on. over an(! across that portion of the Carriagll Homes RC!al Property more part1c1J'ar1y descr';bed in EXHIBr"!' B attached hel"eto cll'id tTI8de .a. part hereof (the "E(t~ement lreill'T:-- NOW, THEREFORE. in consideration of the premises and oth~r valuable conside~8tion, the ~ec@ipt and sufficiency of which are hE"reby aeknowl edged, HIe ~oll ow; ng grants. agreements 4nd cove.- nants Sl"e made~ 1. GRANT OF EASfMENT F~OM CARRIAGE TO T~~ ASSOCIATION, -fIP'--------------------_.-___ ---_........-______~____'..._.__......,,__ Carriage hereby grants the Ea$emer1t to the AssociatiQn and its succ.essors and aS51gns as Qn easement appurtenant to the Cart"1agp Homes Real Property. Other than tf'le limit@d 9ll;el1lent rights granted herein, any and a11 right' in tnd to the Carridg~ Homes Real Property are expressly reserved to Carriage. 2. DIVISION Of CARRIAGE HOMES REAL PROPERTY. If the C ,il r ria 9 e .rom es--~ e a lP r ope~,,1y-fs-herea"fter-ar;i? eo d ; I't tot w 0 " ,. more parts or parcels by separat10n of ownership, the ownt~(5) of e,ach such separate part or parcel sha11 be subject to the tll:3e- ment and no such subdivision of the Carrlag8 Homes Real Property. regard'tss of the number of sep<<rate perts or oarce1s shall be deemed to unlaWfully increase the burden and use of th; t'asement. 3. WARRANTY OF TITLE. ----~~~~----~---- Carriage warrants that it is the owner Of ttle fee simpt!! tit1g to the Carrfage Homes Real Property. 4. ATTORNEYS FEES, --------.---............ In conn@ct1on with any litigation arising out of this Access ~!~ement Agr~ement. the prevailing party shall be entitled This instrument was prep6red by and is to be returned to: Richard H. Critchfi~ld Richard H. Critchfield, P.A, 1745 North Concress Avenue Boynton BRach,.Florida 3!426 07/23/1993 11:44 4137-243-6920 NORTH SOUTH PAGE 03 JUL L g . 93 1 1 ; 33 FROM CRITCHFIELD 1"'~t';E. 8111:3 to re~Qver ~.a~onable attorney's fees and costs at all trial and appellcte levQls. ~ . ENfORCEMENT. -_..-~-..--...- The eAsemenh~ T'est.rictions. benefits and obligations hel"eunder :shan ereat2 ser'dtudes upon the CarT"iage Homes Real Property. running vdth the land. In the event of a breaeh. or a ttempted or th.,.eatened bre8ch. by ~ny owner herea~t~l" of any portio~ of tht Carriage Mome~ Real Property in any of the terms. coven<<nt$ sod conditions hereof, the ~ssociation $na1' be ent1tlec2 forthwHh to full and adeqlJate re'1ef by injunction and/or all su~h othe~ available legal and equ1tabl~ remedi~~ from the consequenc@s of such brtaeh. 6. GOVERNING LAW. -..--------..--- ThiS Access fasement Agreement shall ~e COf1stru~d, interpreted and enfOrced i~ accordance wit~ the laws of th~ St~te of FlorUJ!. 7. MAINTeNANCE OF' EASEMENT AREA. The AS$ociBt1or. and the owner of -fh-t--nrr-rage-KoniO$~lriiT--Property shan be JointlY respon~ibl@, and shall share costs on a 50/50 basiS, for construction, ma1nt@nance or rep~ir on or to the rasement Area, Either may initiate end perform construction, maintenance or rfpa1r on or to the Ei2sement Area. and shall be &l'!tit1ed to contribution from the other owne~ fo~ 50~ of the costs therefor. IN WITNESS WHEREO', the parties ~"~"eto have .xecuted this Access rasernent Agreement the day and y@ar fir~t above written. Signed. sea1@d and delivered in the presence of: CARRIAGE HOMES OEVELOP~(Ki INC., a rlor1da corporetion ._---------~~~----------- By: YtS-preiTdint- ---~-~----~~~------------ ,----------------...,.------- CATALINA CLUB SOUTH PROP~RTY OWNERS' MASTER ASSOCrATrONt INC. By: TtS-~ris;aint------------ '---------------~~~~------ STATE OF ~LO~!OA COUNTY OF PALM g~ACH I Ht~ESY CERTIFV that ack~owledged before me tni~ Ber9~r, as P~es;d8nt of Clrriage Florlda co~poration. who ~id not personally known to m~. the foregoing irrstrument was day of July, 1993~ by A~dr$W HOM!S O@ve1opment Inc.. a taK~ an oath and who is r.------A-r~T----- Not~ry yUCl c -----------------~ Nal'J4l: C omm i s $To;;--qir:r-----------~-----------. -- ---- -_...~... - -----.-.--.-- My Commission E~p;re$: 2 07/23/1993 11:44 407-243-6920 NORTH SOUTH r _ PAGE 04 JUL 19 '5~ 11:~~ F~OM CRITCHF1ELD PI=\~E .1",1,34 STATE OF FLORIDA COUNTY OF PALM BEACH I HERE8Y CERTIFV that the foregofn9 instrument was acknowledged b~Tor~ me th;~ day of Ju1y, 1993. by Thomas T , Wa 15 h y asP res ide r'I t 0 f -lh'e-c a tal i n a C 1 u b Soot h Pro p@ r t y Ow n e r s I Mas t erA 5 $ 0 cia t; 0 n. I n c: . y who d ; d not t 8 k e il '" 0 a t n and who ;s personally known to mi. My Commission Expires: NotarY-~ubTlC---------------------- Name: Commi$sron-~o~:-------------------- ~-~-~-~-~~~~-~-~-~ 011993BOYN2 3 ** TOTAL PRGE_~nA ~~ 07/23/1993 11:44 407-243-6920 NORTH SOUTH PAGE 05 JUL 22 · 93 13::::Ie: -- N01 '44'~l"E ; 32_61 I SEE D!T~IL I I I I I ! ' I - CARRIAJ HOM~S (UNPLATitO) - ",- I I i I I I , ~~ - GR~HIC SCALE .. I CAAR'AOB WOMfis. i(lIl'11T) I. IIuIa - 10 It. .MI!NT. I , I. NO~f THI~ 15 NO,. A SURVEY. ___...../, __t.... __~ -t-.-----..- _. - ... - . ". . ,- ..M..~....'......... .' lShanOW8Y.t FOY, ~::n~~~'."'O =:.1 II Rayman & N~Tjell. Inc. D..tQn.C , 't. ~"...rwIIrL.ia~lif JOII NO, 18108. N 07-2Q-93 01'4; ~M i'1;l;l O"SITE ACceSS . UTLITY :it(~l'OM 0'" OfSCl't,P't1Qtf 07/23/1993 11:44 407-243-6920 NORTH SOUTH PAGE 12& JUL 22 '9') I J: 33 F ~,OM CR I TCHl= I E:LD , PAGE,E'J02 , .,.uAM ._IIM""' It.." " PARe." OF LMf~ %Jinx IN IKC'l':tOK L 1',' 'rO,,".K~P ~~N:O~ RAHCI 43 MS'!', PAUl ACH COUNTy. ,-&:.Oa~OA, AN... ~1tJ\"IOULdLY OUCMI.~D AS POLLOWS; ! 00..1101_ 1.1' fJ.'"* ~OK ST CQRIiP 01'" OAI tl BJlQ'l'l~O" :a. 9, Jll.UN . "-0"3'" 11 ALQWG TIll ftOaTK Ll:HIS or SAtD nOl':ro., A DI8TAHCIl 01' ,o~ 0'7 ~ TO A .POIN'r ~Il TlIS WAT lUOHT-OF-W.lW 1.1%"8 or QOHC:".. ;A~J (120; ~.O.".i) 1 THPCE is 00"1&'5". a, ALONe .AID as'!' RIGH'1\rOl'-WAY LI1fE,' A DIS'I'AJ<<c& OF Ut42. 86 l'SIT WO A POI~, 0., ~U.C'llON ~~ BAlD JaGJlT-QJ"-WAY t.:U'U!: AND TIll: MOUN .IGHTI" O'-R l' 1,1111;1 or TIll BO'tN1'OK GMt.L (L.W.P,D. q-l1) (P.I. . IC. 11)1 THOI I ,,-5e'08" W, ALO"G 8AXD JIORTH !\J:ctri...OI-W.. ~ LYME, A C STANeK or '43" 04 FIET; mucJI USAVING S41D HOt 1,1.& . O~" "4 '11" I, A "ISTAKel Of ~.'"47 FaST.' T~CB K .047/0.' E, ~ DI.~~C. OF 41.00 FEET' 'rK.Hes Jf e1"18' )&- I It DiSTANCE i 0' I'.~' '1ft '1'0 'HE 1'01_ 01" .."UQlI".; Tftm4CB CONTrNua M 61"1&' ~I" Ef A .DI,TMCI or a... "UT~'; 'I'll_C. .. Ol~I..' 411" B. A P~S"'MCE OF 3a.6G FlETI THB"eE . , ...'3'~ ., A.Dt.~.NC. or 82.'8 FBET1 ~HBNel R 01.44' 1* ~f A DIeT. CI of 1.~.oa P.'~ TO A "'tift or cuaVATV'Q fll CUJn'. ~QJfCAIIii '1'0 '1'IIB SQUTPBST, A)lP KAV.IlfG A MDIua OF ISO 00 TEET' ~QS, NOa1'KWae-rDLV ALONG .SAID CURVE, THRQUGH ~" CUntAL ANGJdS Of' .3"11'1'" AN ARC LBMGTR 0' 87.11 '1>>r,'TKlKCI " g..~.'a.~ S'. A DlSTANCB OY 37.74 FEET' THENel S S"l!t'39" I, ~ tJt8TAMCI or .4.e3 PBn "1'0 A I'OINT OIC ,. CORVE, CONCAVE TO ft1I~ 8OV'1'mrBOT, MD nAVtltU It. uanu.. ,I or 117.0 'lIT Mp' n081i CPT.. !tZAR S ""Z"33" WI TU.~I O\n'1I_.~JlU,t IA~.G BAlI) CURVE TlUtoUGIl A CBNTML MO:t.B or 56 16'48", M ARC lrENGTH or 114..') rUT 'to A POX1ft' or '1"AIt~. '1'IIIIfCl SOl r 44 ' a 1 " W, A UISTANC!I: O,ll' 3'0.11 flBT TO A POIH OF CURVA~U~~ or A CURV. ~CAVI TO -.r1Ql "owr....'l', 4J'lD ZJUI A MAD1US OF 13.00 FIB'!' f THENOE ,00000AawJUrY A~HG S Xl) CU1VI THR~UGH A CENTRAL ANGLE or "'''1)'42", AN UQ II L&MG~ OF i 101.59 FII'1', THENCE e Q:a..12'Z." IS, A p'.I;t€AH~ OJ' ~~~6t "Eft' TO A POINT OP A CUJ\V8 OOIf_VS TO fIIR& OR'1.'H&AST, AN HAYU4G A RADIUS 12&. 00 "H, WKOSB C.NTBR . .N 01,.,2'.f" WI ~IfCE NORTHWESTE'RLY AZ.OJf~ .^~D GUM~ fl'tul . >> A CJ;~J;.I ANGLe 01' 13. 01' .. ,t., AN ARf"! LBHGTH or 303014. H 1'0 A JJOI.'l' OF TAIIG8lICY, 'l'HENCIl l( . 01'4..~a~" II; A. j DXIi?:ANQS or- 8t.13 nIT: fKtNCE M 18.1:;, i ,,~ 1f, A DZ6-,MGI 01' 57.1.. naT TO 1'HI POt1ft' OJ' ...1"1_ t :) ! ~ . I ,S 4 f CONTAINING 36'0' eQU FZIT. ; tuavllO"t. C8ftTl' ATB : I HBMBY caRTltt AT 'IV 'tp B~T Of MY MotfLl09& A\fb tllLll' rt'HAT THill aKITCH . IIIDlTlItI fll5R 01 eOHPL.18 WI'1'II THIi rU'JJMUM Tli:aHMIC:AI" n~~DAa 5, AS "K1' ~ TH aT THIS rWIUr,lA. DOJ\IW V'T LAN!) SURVEYOR", J:lUxbUANT&'1 SIk:'l~J.ON 4'~~ (1~7 &.vgu,,,.... ~TATUTBI.. ~ I . NOTS. 1. .0. l\C1I OF 'filii' "tBIJ1C K5CQRU& rur.. ._. MP.PJ': , IY If X8 orfICI. ' 2. TIi~ ITCM IS BASt ON UfI'OlltM'r;J;~ ruJUtXSltSI) e'X" C~tE OR CLIEN~'S RKPRSSBNT^TIV~. 3. TH1S KS1"CU 15 .OT~ VALID OtfLf;SS SMf..dm WITli AA' : IMBO 10 IU1\VBYOIt,. r SIAL. I "'.' .' 'CAR IAGE . . oway. Foy. I an .& New"i' Inc. tl . PI ."ere. eut"e,.vr. ~;(1<< 1="1151. 1101 IWndln . W_d'.~; tHJ. N<<1G 88108. ** TorAl PAGt.oe2 *~ M~Y-2td~3 'I HU !:S. jb ul.i~AN PklJ~t.kn t=.::> LlU . L'"'' &""U.y U) r.Boynton 'Beacli FA/{ Nu, 4U tfj {(b~U t',U~ Certifi~d Mail fp 210 840 863 Return Receipt Requested 100 'E. '1Joynto,. fJ1~1i '2JouUvar4 P.O. 1Jo:tJlO 1.Joynton fBelUliJ 1'foritla .134]5'.OJ10 Cit]) Jfall: f40'l) 7J4-8111 ~j{X: (407) 'fJ8.745j OFFICE OF THE CITY ENGINEEk e._ 6i~ ~,("l~ O~"'C ~ February l6, 1993 ~hom~~ T. McMurraln North South corporation 1767 ~. Congress Avenue Boynton BeaCb, ~1 33426 Re: carriage Homes of Congress Lakes Request :for Bond Release Dear Tom: 'In response to Gail Bryant's verba~ r6que~t for a bond release or reduction, .the EnCJine.erinq Department for the City of Soynton Beach, Florida has tran6mitted her request to various affected departments and expect walk-thru inspection punoh liet itern~ within the next ten days. I will transmit a copy of ataff comments (if any) to your attention as well as the attantion of your Design ~ngineer. In the meantime, I feel it my rQsponeibility to advise you that there still remains outstandinq i&suee rela~ive to tne recordation of a temporary, off site and combination utility easement, the recordation of an access easement, SUPQrimpo~ed over the existing utility easement in Savannah Lakes; Drive I inoluding J~h~...,";:~q~.1red 'termination of t.pe ;. recorded tennis oourt aqreement for the deleteO tennis court a ., ie~. In order to ensure ~ha't your bond release/reo.uction request,.occurs in a timely fashion, please ~ubmit the requested documents to my attenti n within ten days from receip~ of this certif1ed letter. Very truly youre, ,pt-o __ \ 'II, -\o~ r ....~.. '''t't...... ~-' 'III 1.a.~ . ~,~ . C~~y OF BOYNTON BEACH, FLORIDA J : ~~.~ ~~- vinoent A. Fini~o~- Admin. Coord. of Engineer1ng VAF/ck oct J. Scott Miller, city Manager w. Ricnard Staudinger, P.E., City tngineer Chri~topner Cutro, Planning & zoning Director Tarnbxi HeyOen, Senior Planner Don Jaeger, Building Official at.tachments ~/ttlrica's (jatcfl/ay to tnt qulfstruun MAY-20-93 THU 8:36 OCEAM PROPERTIES LTD FAX NO. 40"37758U !'I,U.:S 041993BOVN2 TERMINATION AGREEMENT TH[S AGREEMENT made and entered into this 19th day of April, 1993 by and between WALBOYN DEVELOPMENT CORP., a Maine corporation ("Wa1boyn") and CARRI~GE HOMES DEVELOPMENT. INCq a Florida corporation (~Carr1age HomesU). WIT N E SSE T H WHEREAS, Walboyn and Carriage Homes entered into that certain Shared Recreational Facilities ~greement dated September 11, 1990 (the "Facl1 ities Agreement"); and WHEREAS, Walboyn and Carriage Homes desire to terminate the Facilities Agreement. NOWs THEREFORE. in consideration of the prgmises and for other good and valuable consideration~. Walboyn and Carriage Homes hereby agree as follows: 1. Th@ Facilities Agreement is hereby terminated from and after the date of this Agreement, 2. This Agreement shall be binding upon the parties and their successors and assigns. IN WITNESS WHEREOF. the part1es hereto have executed th1s Agreement the day and year first above written, Signed, sealed and delivered in the presence of: --------------~---------- WALBOVN DEVELOPMENT CORP., a Maine corporation --~-~-------------------- By: ________________________ Its Vice President -.----------------------- CARRIAGE HOMES DEVELOPMENT, INC. s a Florida Gorporat1on -----.----------------- By: ______~__________________ Its President STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBV CERTIFY that the foregoing instrument was acknowledged before me this 19th day of April, 1993, by Thomas T. McMurl"ain, the Vice President of Walboyn Development Corp., a Maine corpor~tion, who did not take an oath and who is personally known to me. Notary-PubTTc---------------------- Name: -----n----------------------- Commission 0.: ___________________ My Commission Expires: MAY-20-93 THJ 8:37 OCEAN PkuPERTI~~ LTD FA~ NU, 40 ( (3H680 t',Uq STATE OF FlORIDA COUNTY OF PALM BEACH I HEREBV CERTIFY that the foregoing instrumer'lt was acknowledged before me this 19th day of April. 1993. by Andrew Berg~rJ as President of Carriage Homes Development. Inc., a tlorida corporation, who did not take an oath and who is persona"y known to me. Notary-PuDTTc-------~-------------- Name: CommissTon-No:T-=:=:=::==:=:====--=: My Commission Expires: 'I1ie City of 13oynton 13eacn 100 'E. tJ3oynton tJJeadi tJJou1evartf P.O. tJ3~310 'Boynton 'Beadi., :JCoritia 33425-0310 City 9faf[: (407) 375-6000 :F)fX: (407) 375-6090 February 10, 1994 Ms. Judith Burke shutts and Bowen, Attorneys at Law 201 south Biscayne Boulevard - 1500 Miami Center Miami, Florida 33131 RE: Carriage Homes of Congress Lakes (nka - Savannah Lakes) - File No. 428 Dear Ms. Burke: As requested, this letter serves to confirm the existence of certain development rights of the current and future owners of the Carriage Homes, now called savannah Lakes, property by virtue of approvals granted by the City of Boynton Beach. Carriage Homes occupies those lands within the Plat of Carriage Homes of congress Lakes P.U.D., recorded in Plat Book 66, Pages 133 through 135, in the public records of Palm Beach County, Florida. On July 12, 1988, the Planning and Zoning Board for the city of Boynton Beach approved the reallocation of 466 of the 525 dwelling units approved for the portion of the Congress Lakes PUD south of N.W. 22nd Avenue. This reallocation was granted to the Carriage Homes property. Subsequently, on June 28, 1990, the City of Boynton Beach City Commission approved the Carriage Homes site plan submitted by Shalloway, Foy, Rayman and Newell, Inc. of West Palm Beach, Florida. This site plan granted final approval for the construction of 466 multi-family dwelling units, specifically apartments, and associated recreational facilities. Notwithstanding any future amendments to the City's land development regulations which could potentially render the use or structures nonconforming, in the event all or a portion of the dwelling units are destroyed by a future casualty, the owner of the Carriage Homes property would be permitted to reconstruct the existing development in accordance with the City approved site plan, specifically the current density of 466 multi-family dwelling units. It is further noted, that because the Congress Lakes PUD includes all lands within the plats of Mahogany Bay and Post Landing, rental apartment projects located directly north of N.W. 22nd Avenue, as well as the Carriage Homes plat, all common areas, such as the existing lake delineated on Tract A of the Plat of Carriage Homes of Congress Lakes, were factored into the determination of the allowable gross density of the PUD. This jlmerica 5 (jateway to tlie (julfstream TO: Ms. Judith Burke -2- February 10, 1994 method of determining allowable density would continue to apply in the event of a casualty, notwithstanding any future amendments to the city's land development regulations which might render the use of structures within the Carriage Homes project nonconforming, and provided that the City's PUD requirement for unified control of the common areas is met. This would be accomplished by the proposed ownershjp by the ma_ster association of the existing lake. Sincerely, ,;' , 'j a I ! --=::}t;lJL{'-lc 'y- r;6j('t)!lC1'L Tambri J. Heyden Acting Planning/Zoning Director tjh A:CarHmSal C6-v~ c1~ I..... /%e City of 'Boynton 'Beach 100 'E. 'Boynton 'Btadi 'Boukvard P.O. 'Bo~310 'Boynton 'Btadi, :FCoritfa. 33425-0310 (ity:J{a[[: (407) 375-6000 j'.9IX: (407) 375-6090 January 4, 1994 Carriage Homes Development 220 Savannah. Lakes Drive Boynton Beach, FL 33436 Gentlemen: The property within the Carriage Homes of Congress Lakes plat is zoned PUD, Planned Unit Development, under the zoning code of Boynton Beach, Florida, and there are no land use requirements affecting the use of the property that would prohibit or restrict its use and occupancy as a complex containing 466 apartment rental units. There is no pending action which would result in a modification or the termination of such zoning, No land use requirements are currently violated by the continued maintenance, operation, use or occupancy of any improvements erected on the property or by the continued maintenance, operation, or use of the parking areas. Sincerely, ~~~e-enJJy/b- Acting Planning and Zoning Director TJH/jm A:CARRIAGE.JM .f1lmerUas (jateway to tlU (juifstream '1.1ie City of $oynton 'Beacli !I!Iimnine CJ' Zoning 1JtptJl'tmmt 100 'Eo 'Boynton 'BUJdl 'BoukVtJTti P.O. 'B~310 'Bognttm 'Bead&. 'JfmiJIg. 33425.03 10 {40T} 7J8.7490. 'j'JU: (407) 7J8.7459 August 3, 1993 Ms. Gail Bryant North-South corp. 1400 Waterford Place Delray Beach, FL 33444 Re: Carriage Homes at congress Lakes - File No. 428 aka Savannah Lakes Comments on on-site access agreement and terminated tennis court agreement. Dear Ms. Bryant: l am in receipt-of the six page facsimile transmission, sent to me July 23, 1993, relative to the above-referenced project. Page one was your cover letter, page two through four was the agreement itself which addresses my comments with the exception of the reference to "Exhibit A" and "Exhibit B". If pages five and six are to be Exhibit "A" and "B", respectively, then there is an error. page 5 is the sketch of the off-site access easement that was approved on March 16, 1993 by the City Commission. Page 6 is the legal description corresponding to the sketch of the off-site access easement. I pulled out previous versions of the requested on-site access easement and noticed that Exhibit "A" was included, but Exhibit "B", which should contain the legal description and sketch of the existing utility easement superimposed over Savannah Lakes Drive and Scarborough Lane within the plat boundaries, was missing. I've attached a copy of that Exhibit "A" for your use. Also, can you tell who is the Catalina Club South Property owners' Master Association, Inc.? I know the units at Carriage Homes are rental. What property does the association control-- any areas outside the plat of Carriage Homes of congress Lakes? .'::tmema's Gtluwau to tfie Gu[fstream Ms. Gail Bryant -2- August 3, 1993 Lastly, did Mr. Critchfield research the tennis court agreement to determine whether it had been recorded after it was approved in September, 1990 by the city? As previously mentioned, since it was approved, it was assumed it had been recorded. If it has been recorded, comments 6, 7, and 8 of page 2 of the attached memorandum dated March 1, 1993 from me to Jim Cherof still stand. Thank you for your help, thus far, toward completion of these agreements. Sincerely, ,,;-- . ~'7~:2Jiy~ Senior Planner TJH/jm Atts. A:CARRIAGE.JM Exhibit "A" c Carriage Homes Real Property A parcel of 1andt being part of the Southeast quarter of Section 18, Township 45 Southt Range 43 East, and being part of the ~orth half of the Northeast 1/4 Section 19, Township 45 South, Range 43 East, in Palm Beach County, Florida and being more particularly described as follows: Commencing at the East 1/4 corner of Section 18, thence S 89005109" W, a distance of 50.05 feet, along part of the North line of the Southeast 1/4 of Section 18, to a point on the West Right-of-Way line of Con?ress Avenue as described in O.R.B. 1290, Page 519, thence S 89005 09" W, a distance of 1301.41 feet, along part of the North line of the Southeast 1/4 of Section 18, to the East line of a tract as described in a deed from N.R. Field to Sunny South Estates, Inc., recorded in O.R.B. 3206, Page 1070; thence S 01044121" W, a distance of 1370:28 feet, along part of said East line, to the Point of Beginning of the parcel described herein, said point being on the South Right-of-Way line of N.W 22nd Avenue as described in O.R.B. 1785, Page 1569, thence N 8805915611 E, a distance of 300.43 feet, along the said South Right-of-Way line, thence S 0104412111 W, a distance of 210.00 feet, leaving NW 22nd Avenue; thence S 58012'4411 E, a distance of 216.05 feet; thence S 31047'16" W, a distance of 140.00 feet; thence S 5801214411 E, a distance of 360.00 feet; thence S 01044121" W, a distance of 1014.23 feet; thence S 53030'0011 E, a distance of 49.16 feet; thence S 01044"'2111 W, a distance of 130.00 feet; thence S 88015139" E, a distance of 70.00 feet; thence S 03044157" E, a distance of 119.99 feet; thence S 57000'0011 W, a distance of 134.18 feet; thence N 88015139" W, a distance of 128.16 feet; thence S 0104412111 W, a distance of 292.00 feet; thence S 61018135" W, a distance of 92.01 feet; thence S 44047'08" W, a distance of 45.00 feet; thence S 01044'21" W, a distance of 165.47 feet, to a point on the North Right-of-Way line of the Boynton Canal, as $hown in Plat Book 7, Page 19; thence S 88053157" W, a distancedf 382.60 feet, along part of said North Right-of-Way line, to a point on the West line of lot 14, a Subdivision of Section 19 as recorded in Plat Book 7, Page 19; thence S 00009104" W, a distance of 9.19 feet, along part of said West line, to a point on the North Right-of-Way line of the Boynton Canal, said point being 70.00 feet North of the South line of the North 1/2 of the Northeast 1/4 of Section 19; thence S 88051140" W, a distance of 108.66 feet, along the said North Right-of-Way line, to a point on the East line of the land described in O.R.B. 3206, Page 1070; thence N 01044'2111 E, a distance of 1253.52 feet, along part of said East line, to a point on the common 1 ine between Sections 18 and 19; thence N 01044'21" E, a distance of 1270.16 feet, along part of the aforesaid East line, to the Point of Beginning. ~ - ..., 1. ~ r ( i 2. }J ":: 1 l,V ;' .- f / " TO: Jim Cherot ~2. /)V 3 . 4. ~ bit-- 5 . tfJ.-6 . 7 . ~~. TJH:cp -2- March 1,1993 On-site ( documeI ."ess easement - Exhibit "B" i tIe - easement arrrJ~ement) Agreemr should updated. ,) ~. . -, 'f':;. '".: ,~ ~ I recommend that t.i...d title of.. ,th1s agI. eement be labe_ "Access Easement Agreementlt. .J"'-.".. ..~. ~~. ..' '*,~':, ~J ;.. .;-" "'"::t .' ..' ~ -~ -..~ Paragraph three of this agreement references "Exhibit B" which is missing. " Exhibit,"B,''..,r.ShO~ld conta~na s!tetch as well as a legal description ,;of the easement. The area of the access easement is that~o~~the existing utility easement' " " .... superimposed over Savannah Lakes Drive and Scarbrough Lane depicted on the Carriage Homes of Congress Lakes plat. No mention 1s made of maintenance of the private road. Term1nated Tennis Court Aareement - Exhibit {document title - Termination Aareementl NO -104 Zo ~ < ..' .~ t ,t ~7 I have attached a copy of tne original "Shared Recreat1t~~ J(h~. f' Facilities Agreement". Although the City was not a party to} ~ the original agreement, should the City .s~gn the termination agreement or possibly approve its termination, since execut10n of the original agreement was a condition of approval of the project? or should the termination agreement simply state that the original agreement was required by the City and that the City has determined that it no longer needs to exist? "e" Agreement date should be updated. ~ Should the termination agreement reference the book and page number of the original agreement? I -. r1 n I' ,0" . cJ-v...,t ,\.J,.I..tAJC' t~~ 'I....t. U~}\,\.tv<v-L CC"\"V-U,O a...&o~ ,",0 ~t0-'(!I-.~t fILl 1\.P-~(...1J..l..- 0 1f...litt 1/ ~ J~-Q.~ Tambr1 J. ~~en Senior Planner Attachments xc: Pete Mazzella C:Cherot " -'''/18/1993 e19: 49 407-243-6920 olan(t .x Transmittal Memo 7872 .. -zid~1 #ey.v$..tl Company /'0 r:?) ~ LO""lIQn '-''j'' ~~ 't(;.Jo/AJTtJAJ '4)e~ ~~ORTH SOUTH PAGE 01 @ N~, of"._ Froll CalIp...,y ~ TClldly'll Oa..1 ..11' I ~-h. f.:3 C;;~"L. d~.l'I9-f1r- A/O~ ~ - ....rOV 7'J"7" DtIpl. ChII'D' Time 9, . ~-..5'" AJ~ ~oclltion Fa. I 7Jy. 7;V ~~1' 'ttllohooe tt 1=8.'" d ~.E - ~ 1,;:. 0 Origins.! 0 GI5JlO8Klon, O.alt'Oy 1&\tpl'lOrl1 , ".2 y.3 - >/?;/ ~mm""'~ o Rt,'urn o Call/or plcMup NORTH SOUTH f + o <) ",1101'1,,1' RECEIVED JUN 1 8 1993 June IB, 1993 MEMO '1'0: TAMBRI HEYDEN S!1:IlIOR PLANNER CITY OF BOYNTON BEACH FROM; GAlL E. BRYANT NORTH-SOUTH CORP/CARRIAGE HOMES DEVELOPMENT ~: FAX MEKO FROM ROSE MARIE DATED 6/14, discuss@d by phone with Y01.l on 6/18/93 In reference to your notee reqarding the~n-~it~ aeC9g~ oasement, etc. please be advi~.d that the original of thiS-eas&ment and the signed and sealed sketches were delivered to Jay Musanan for the Ci~y of Boynton Beach en Auqu~t ~, 1991. P~rS1.lant to ~y phone call wi~h Peter Mazella of the City of Boynton BeGch in the end of ~an1.lary 1993, our attorney redid ~he ea~ement, upd~tins i~ and inclQdinq anothQr signed and sealed copy of the off~ite access eaeement dat~d 6-11-90 and a signe4 ana sealed de5ori~~ion of-tha ~tili~y e~eement a~ wall as the exhibit "S", legal deseription of the sit(!. These were prepared oy o~r attorney Richard Critchfield, and hand delivered to ~ete Mazella, p~r his rcqueet on February S, 19';;)3. I have included the cove. llil!ttl:r from that~ package. ~ollowin9 my cQnverBatior. with Vincent ~inizio on January 26, 19'3, an e~ecuted Bill of Sale from Carriage Homes to Boynton Beach tor th@ water and d15tr1but1on sys~em was prepared, as well as ~he required owner's A!radav1t. These were hand delivered to him on February 5, 1993. !n subsequent conversat1ons, Vinnie has ir.~1cated that the only thing outstanding was the termination a9rrement on the tennis fAcilities. This was never executed. Several adjustment, were made to the updated access easement per conversations with ou~ attorney Dick Critchfield and Mr. Cheroff, according to our notes, We are MOST anxious for this release and as you can see from the abov~ dates have gotten you everything asked for pr~viously more than four months ago. please advise how you and Mr. Cheroff want to handle the unexecuted tennis termination agreement, I was not certain from your memo. I may be reached at our Delray jobsite 407 243-9881. Thank you. 1755 North Congress Avenue · Boynton Beach. FL 33426 I 407.364.8800 · Fax: 407-737.1640 FL* CGC805144 ~ d43" foC; ;) 0 06/18/1993 09:49 4137-243-69213 NORTH SOUTH PAGE 02 NORTH SOUTH - Febzuuy 5, 1993 Mr. Peter Hazell. CI,!,Y 'or BOYNTON BEACH 100 !oynton Beach Boulevard Boynton Beach, FL 33426 :Ete: Carria9e. Homes Dear Pete I :~ncloS8d herewith please find the executed copy of the 'remporary Easement Agreement that you requested and '~hic:h I f~.d to you lut e.vening. Richard Critchfield, our atto~ney, did have a signed and sealed .ketch of the easement and legal description, which I have also enclosed per our phone conversation of this :mcrning. This vas a180 Bent to the City of Boynton Beach with the copy of the eagemen~r attention of Jay MUssman. back on August 9, 1991. It you have any questions, plea89 do not hesitate to call. Very truly you~., Noa~B-SOUTH COnPORA~ION -;..~~~ Gdl B. Brycuat Enclo81U:1ll11 KMD 01!:LIVEIUtP 1767 North Congress Avenue · Boynton seach, FL 334215 · 407.364-9400 · Fax: 407.364-9562 CITY of 1 'BO'YNTON BEACH ",' ~ ~ 100 E. Boynlon Beach Blvd. P. O. Box 310 Boynlon Beach, Florida 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR July 16, 1990 Mr. Thomas McMurrian 2010 Lindell Blvd. Delray Beach, FL 33444 RE: Carriage Homes of Congress Lakes - Site Plan - File No. 428 Dear Mr. McMurrian: Please be advised that on Thursday, June 28, 1990, the City Conunission approved the referenced site plan, subject to staff conunents, copies of which are attached, as well as subject to resubmittal of the landscape plan to the Conununity Appearance Board, as required at the June 18, 1990 meeting. These plans were approved subject to your compliance with the attached stipulations and must now be modified to incorporate same. TO initiate your sign-off procedure, please submit two (2) sets of modified plans to the Office of the Site Development Division of the Building Department, which will record the required identification markings on each set of the modified plans. After each set of modified plans has the appropriate markings, you should proceed with your sign-off on each set of plans from each Technical Review Board member who made conunents. The Zoning & Site Development Administrator will provide the Building Department sign-off and is the last Technical Review Board member to review and sign-off the plans. If the Building Department did not have comments that require sign-off, they are still the last department to handle and process the plans. One (1) set of final signed-off plans will remain with the Building Department and the other set of plans will be returned to you to be retained at the job site. To help facilitate the sign-off process, you should make an appointment to meet with each Technical Review Board member (only , . TO: Mr. Thomas McMurrian -2- July 16, 1990 those members who made comments), to allow them sufficient time to review and sign-off the modified plans. After securing all the required Technical Review Board member signatures and completing processing by the Site Development Division, you may apply for building permits by sUbmitting the appropriate documents and fee to the Plan Review and Permitting Division of the Building Department. The Building Department will advise you as to any additional permits which may be required, such as Palm Beach Health Department (water and sewer), clearing/grubbing, excavation/fill, drainage, paving, site lighting, landscaping and irrigation. The approval of the City entitles you to construct only the improvements shown on the site plan. The site plan will be viewed procedurally as an as-built or record drawing. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~;X~. ___ TIMOTHY P. CANNON Interim Planning Director JJG:frb Encs cc: Mr. Alex Garcia, Shalloway, Foy, Rayman & Newell, Inc. 1201 Belvedere Rd., West Palm Beach, FI 33405 Technical Review Board C:CarrHms L STAFF COMMENTS CARRIAGE HOMES OF CONGRESS LAKES (F.K.A. GERULAITIS MULTI-FAMILY APARTMENTS) NEW SITE PLAN BUILDING DEPARTMENT: See attached memorandum FIRE DEPARTMENT: See attached memorandum UTILITIES DEPARTMENT: See attached memorandum PUBLIC WORKS DEPARTMENT: See attached memorandum PLANNING DEPARTMENT: See attached memorandum BUILDING DEPARTMENT MEMORANDUM NO. 90-171 May 2, 1990 TO: Timothy Cannon, Interim Planning Director Don Jaeger, Building & Zoning Directo~;22~ Michael E. Haag, Zoning & Site Develo;~ Administrator THRU: FROM: RE: SITE PLAN - CARRIAGE HOMES OF CONGRESS LAKES Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: 1. All drawings and/or documents, submitted for public record by a design professional shall show original raised seal and signature of a Florida registered design professional responsible for the drawings. 2. On the plans, show a minimum 30' setback dimension where the proposed project abuts a C-3 zoned property. 3. Correct the apartment tabulation data to match the buildings identified on the site plan and the floor plan drawings. 4. Correct the bedroom count on the apartment tabulation data to match the floor plan layout for each type of building. 5. State on the plan that the height of the handicapped parking signage is 7' from the grade to the bottom of the sign. 6. Show consistency in the location of parking spaces, driveways and sidewalks leading to the entrance of each apartment on all plans submitted. 7. Show and dimension the location of two (2) parking spaces for each apartment that does not have a garage. Where the required parking space is associated with a parking lot stall, identify and show the location of the walkway leading to the entrance of the apartment. 8. Show and specify the width and location of the sidewalk that leads to each apartment from the required parking spaces. 9. Identify the type of material, width, slope and length of the handicapped accessibility ramps that are required from the handicapped parking space to the sidewalk that leads to the apartment entrance. Identify the slope and provide spot elevations along the pathway leading to the apartment from the handicapped parking space. 10. State on the plan the typical slope of the handicapped accessible walkway that transverses the site. 11. Show on the plan a continuation of the roadway sidewalk at the south end of the project leading to and adjoining the Congress Avenue sidewalk. 12. Add to the horizontal control drawing the following dimensions: distance between buildings #11 and #15, building #35 to the west property line, between buildings #36 and #37 and the distance from building #37 to west property line. 13. Specify on the plan the square foot area of all the tennis courts and the surface area of the pool and spa. Show on the plan the parking space calculations to match the parking space ratio requirements as identified in Appendix A-Zoning, Section lI.H. for the entire site, including all amenities. Memo to: Timothy Cannon Carriage Homes of Congress Lakes May 2, 1990 Page Two of Two 14. Show and specify on the plan that a maximum distance between the vertical rails in the pool safety enclosure is four inches on center (4" o.c.). Also, identify that the pool gates have a self-closing and self-latching gate with the same spacing requirements as in the vertical rails including a 4" maximum distance from pool deck to bottom of gate. 15. Provide spot elevations and identify the material and slope of the walkway leading to the recreation building from the handicapped parking space. Show on the plan the location, width, length and elevation of the level platform that is required at the entrance to the recreation building, entrance to the pool deck and both recreation building restrooms. 16. Specify on the landscape plan the tabulation of the required native species count for each building foundation hedge planting. 17. Show on the plan the location of the project title signage and all other signs (all signage must comply with the Boynton Beach Sign Code). 18. Building identification signage must be approved by the Police and Fire Departments. Identify on the plans the location of the apartment complex mailboxes. 19. Extend the required continuous (vehicle use area) landscape screening around the east portion of the project. Show landscaping around three sides of the compactor. 20. Provide a detailed plan view and full section view drawing of the dumpster enclosure, pad and service area enclosure. Identify type, size and color of the material proposed for the sides of the enclosures. Specify the size and type of all required vertical and horizontal structural material and components for the enclosure and associated pad. Identify the overall height, width and length of enclosure. Show the clear width of the dumpster opening (clear width to be measured inside of gate and post material or meet Public Works specifications for compactor dumpster enclosure). The required minimum width is ten feet (10'). 21. Specify on the landscape plan the location and type of grass ground cover. 22. A South Florida Water Management permit is required. 23. A Lake Worth Drainage District permit is required. 24. State on the elevation view drawings the color(s) of all exterior surfaces of the building. All color(s) must match the colors identified on the color elevation drawings submitted for approval. FIRE D_EIP'ARTMENT M,EMO!R:$,J4!DIJMi - NO. 9Q_::1.LO......J'iDC: TO: JIM GOLDEN. PLANNING DEPARTMENT F~ R 01',1 : W, D, CAVANAUGH, TRB REPRE3ENTATIVE. FIRE DEPAF;:TMDH DATE: M,i\Y 3, Hl9D S:E; Ct"RRI,6..GE HOj\1ES ON C()i')GRE::,~, ;..\\/Er,)IIE SU8MIT STREET NAME AND ADDRESS PLAN FOR APPROVAL TO POLICE DEP!-\RTMENT AND FIR[ [}EP/lRTrH:rH. W1LUA~' c:J~~:~J?( FI~E PRlVENTIuN uFFILER I, [',OYf.JT("I) 2,E.t\CH FIRE ['EPT. \,1,/0 c: I P ';:I MEMORANDUM . Utilities #90-288 FROM: Timothy Cannon Interim Planning Director John A. Guidry ~ \\ / Director of Utilities ~ May 2, 1990 TO: DATE: SUBJECT: TRB Review - Carriage Homes of Congress Lakes Resubmittal . We can approve this project. subject to the following conditions: 1. Add a second valve on all hydrant lines whenever the hydrant is greater than 20 feet from the main line near Units #2. 11, 14, 17, 26, 30 and 36. 2. Indicate locations of water meters on site plans. Show water meter units #8, 13, 23 and 36. 3. Only those tree species approved by the Utility Department may be placed in utility easements. 4. New water mains shall be cleaned with a soft-sided swab, prior to testing, two passes. Please affix this note to the plans. 5. Reduced pressure backflow preventers will be required on the water service. Indicate location, model and size. We recommend dual units in parallel so service is not inter- rupted during testing. Backflow preventer on Clubhouse and \ compactor/fountain services only. 6. Sewer cleanouts are required at a maximum spacing of 75' on private sanitary sewer services. Add cleanouts units #29 and Clubhouse. Show sewer services units #13 and 23. 7. Work to be in accordance with City of Boynton Beach Details and Criteria sheets. 8. Separation of 10' recommended on water and sewer service line where possible. 9. Where storm sewer or water line trench crosses under sani- tary sewer, install 20' DIP across trench. 10. Add 2 gate valves near unit #5. 11. Move gate valve near unit #36 out of loop. 12. Add sample points near unit #7 and unit #32. 13. Water system note #3: short body .fittings not allowed. 14. Sewer note #3: SDR 35 allowed in services only. 15. Sheet 19/19 force main may conflict with proposed drainage. Show utilities on drawing. Contact Utility Department for location, if necessary. Carriage Homes of Congress ~akes Page 2 May 2, 1990 ~ 16. At this time, this department cannot assure that reserve potable water capacity exists to service this project. We request that a phasing plan be submitted by the developer, indicating that Phase I of the project will be brought on- line in conjunction with the East Water Treatment Plant's improvement. Based upon current schedule, we estimate a completion date of June 1, 1991. 17. The current pumps in Lift Station 719 are rated as follows: 250 gpm @ 80' TDH 15.4 Hp 125 amp main breaker To help us evaluate whether an upgrade of the station is necessary at this time, we request that the project engineer furnish us with expected sewage flow from all undeveloped parcels which will drain to the lift station. If an upgrade is necessary, it will be funded by the developer of this site. 18. Show storm sewers on sanitary sewer profile sheets 13-15, dmt bc: Michael Kazunas l' . PUBLIC WORKS MEMORANDUM NO. 90-052 RECEIVED MAy 8 1990 PLANNING DEPT. TO: JAMES GOLDEN - SENIOR CITY PLANNER -. - FROM: ROBERT EICHORST - PUBLIC WORKS DIRECTOR DATE: MAY 2, 1990 SUBJ: SITE PLANS - CARRIAGE HOMES OF CONGRESS LAKES Details of compactor location and dimension must be shown. Compactor must be compatible with City of Boynton Beach refuse removal equipment. For information regarding compatibility, contact Robert Eichorst, 738-7424 ~ RE : he cc:fi1e PLANNING DEPT. MEMORANDUM NO. 90-120 TO: Chairman and Members Planning and Zoning Board THRU: Timothy P. Cannon ~6 Interim Planning Director FROM: Tambri J. Heyden Assistant City Planner DATE: May 4, 1990 SUBJECT: Carriage Homes of Congress Lakes (f.k.a. - Gerulaitis Multi-family Apartments) Site Plan - File No. 428 Please be advised of the Planning Department's comments with respect to the above-referenced request for site plan approval. 1. Not all buildings are numbered on sheet L-1. 2. Building type 1-C (building #1 and #19) is not shown on the key on sheet A1.2. The key reflects other building types which are not shown anywhere on the plans. 3. The apartment building tabulation on sheet A1.2 and A1.3 doe~ not correspond with the site plan. 4. Correct the parking calculation on page 4 of the site plan application and sheets A1.2 and A1.4. The number of parking spaces shown on sheets A1.2 and A1.3 is 1002 not 1010; the paving and drainage plans show approximately 15 fewer spaces than the architectural site plans. A total parking space requirement of 967 was calculated based on 932 spaces for the units (2 for every unit), 8 for the tennis courts, 18 for the clubhouse and 9 for the pool. Provide the pool square footage to verify the parking space computation for this amenity. Appendix A, Section 11.H.e. 5. Since a sign program is required to be submitted for this planned unit development, a future site plan approval will be needed specifying numbers, types, locations and details of all signs to include colors, materials and lettering. Chapter 21, Section 2l-14(M)2. 6. Specify building colors on all blue-print elevations to correspond with the colored elevations to be submitted. Site plan application, page 5, item 14. 7. The photometric diagram illustrates only a few areas of the parking lot and building exteriors and no key is shown to determine which areas these are. 8. The parking spaces east of the tennis courts and the access aisle along the common property line between the housing parcel and the office parcel must be setback a minimum of 2-1/2 feet (4-1/2 feet where there is a 2 foot overhang) consistent with Chapter 7.5, Article II, Section 7.5-35(e). 9. The internal sidewalk system is not shown on the paving and drainage plan or horizontal control plan. There appears to be conflicts with sidewalks and inlets and possibly inadequate room for all the sidewalk connections proposed on sheet A1.2 and A1.3. 10. No dimensions or details are provided to verify that a minimum 5 foot wide sidewalk will be constructed to credit 2 foot overhangs with 16 foot parking stalls. Chapter 5, Article X, Section 5-142(i)(1). PLANNING DEPT. MEMORANDUM NO. 90-120 TO: Chairman & Members Planning & zoning Board SUBJ: Carriage Homes of Congress Lakes -2- May 4, 1990 11. The typical stall detail shows 16 foot stalls with a 2 foot overhang onto grassed areas. Most of the parking is designed to overhang onto sidewalks. Provide a typical stall detail for this overhang design. Site plan application, page 6, item #26.b. 12. The paving and drainage plan, horizontal control drawings and site plan (sheets A1.2 and A1.3) do not correspond with respect to number of parking spaces and layout and location of parking spaces in the following areas: a) between buildings 4 & 5 b) between buildings 2 & 5 c) east side of building 6 d) west side of building 8 e) south side of building 5 f) west side of building 13 g) east side of building 17 h) between buildings 22 and 26 i) between buildings 21 and 27 j) between buildings 28 and 31 k) west side of building 35 1) around building 38 m) south side of building 34 n) west side of building 32 13. Since few dimensions were provided on the paving and drainage plans to verify minimum distances, the areas circled on the attached exhibit were noted as not meeting the parking lot regulations with respect to layout and design. In several of the areas noted, aisles are not wide enough for parking spaces to back out onto them and probably will result in a loss of a few parking spaces. A marked-up copy of the horizontal control drawing, delineating the minimum dimensions required for the areas noted, is available in the Planning Department for the applicant. Chapter 5, Article X, Section 5-142(i)(1). 14. On the horizontal control sheet, building #34 is mislabeled as #33. 15. The list of recreation amenities itemized on sheet A1.2 and A1.3 does not specify size of play area, size of family picnic area, or details of the picnic area. Appendix C, Article IX, Section 8F(f) states the minimum size requirements for the play area, picnic area, game courts and swimming pool. 16. No information is provided that indicates how efficient mail delivery for 466 units will be handled. 17. The setback labeled as 20 feet on sheet A1.2 must be 30 feet. Appendix B, Section 9.A. 18. The use of shared recreational facilities between the PUD and the C-3 zoned office parcel/tennis resort site must be clarified. The site plan for the office parcel has expired, however should a new site plan be submitted, an agreement will be required. This agreement must ensure that the tennis courts will be open to the apartment residents since this amenity is being counted as one of the 5 recreational items required to receive 1/2 credit toward the recreation impact fee. Appendix C, Article IX, Section 8.F. PLANNING DEPT. MEMORANDUM NO. 90-120 TO: Chairman & Members Planning & Zoning Board SUBJ: Carriage Homes of Congress Lakes -3- May 4, 1990 19. If the office parcel is not platted at the time of final sign-off, including a platted access easement to serve the rental project, a recorded easement which runs to the City and the apartment project will be required to ensure temporary access until platting occurs. This document shall be reviewed and approved by the City's legal department in order to obtain sign-off. (Condition of subdivision variance granted May 7, 1985.) 20. The right-of-way dedication for N.W. 22nd Avenue has not been reflected on the site plan. Palm Beach County Thoroughfare Right-of-Way Protection Map and Chapter 19, Article II, section 19-17. 21. The applicant should consider numbering and designating parking spaces for units, since some of the parking space locations for units are on the opposite side of the building. 22. The two parking spaces at the southwest corner of building 32 obstruct one another. One should be eliminated or redesigned to meet Chapter 5, Article X, Section 5-142(i)(2). 23. The driveways on the east sides of the two unit II type buildings (*6 and *33) are labeled as parking spaces on sheets A1.2 and A1.3. /' ~ J~- 7 I TAMBRI J. ~~EN ' TJH:cp C:PM90-120 CITY of BOYNTON BEACH @ .~... 100 E. 80ynlan Beach OIl1d. P. O. Box 310 Boynton Beach, FlorIda 33435:0310 (4071 734.8111 July 5, 1990 Mr, Alex Garcia Shalloway, Foy, Rayman & Newell, Inc. 1201 Belvede~e Road West Palm Beach, FL 33405 RE: Carriage Homes at Congress Lakes pun - Site Plan 011 tstanding f inal sign-of f comments File No. 428 Dear Alex: I havp revil?wed thp pli'lns YOll s1l11mitted for final sign-off for the above-referenced project. The following is a list of those comments from my May 4, 1990 memorandum (the conditions of "IpprovaJ from the PlC\l1nin~1 Department) which n:>m<'lin outstanc1iw,J and t.hat Hill need to be adclress(>cl priol to the Planning Department signing off on the plans: 1. Comment #4 - There is a small discrepancy on the paving and ell' a1nage pI ans, s i tp pI an (sheet A!. 2) and 1101' 120n tal control plan regarding the number of parking spaces provided in front of builcl:i.llc;l #13. The pavinq and drainage plan shows a total of 1003 spaces, the site plan shows 1004 spaces and the hori=cntal control plan shows 1002 spaces. These plans should be corrected to correspond with each other as well as page 4 of the site plan application. ') "- . Comment #8 - The required paving setback has been addressed (111 S 11 e l~ tAl ,3 0111 y, an cl c' n 1 y in p a l' t . 0 n she etA 1 . 3, t 11 ere appears to be a minimum 2-1/2 foot paving setback between the pl('perty line and the Recess aisle for building #33 and R minimum 4-1/2 foot paving setback (although not dimensioned) between the property line Rnd the parking spaces east of the tennis courts, however the sidewalk shown does not permit room for the hedge which is required by Chapter 7.5, Article II - Landscape Code, Section 7,5-35(e). In addition, the required hedge is not indicated on the landscape plans in either this area or along the common property line between the office parcel and building #33. The minimum paving setback should be dimensioned on those sheets necessary to enstlre proper construction of these TO: Mr. Alex Garcia -2- Ju 1 y 5, 1990 aleas (pcwing and drainage, site plan, etc,). Elimination of the encl space or two end spaces at thl':' southeast corner of the rON of parldnr,J Sp'lCPf; might be R Sohltion to the setback and hedge problem while retaining the sidewalk. Si lice a ~:llrpllls of spaces is proposed, this is a viable alternative. 3. Comment #10 and #11 - As discussed with you during our meG>t i ng Oil aUllE' 2!:1, 1 !:190 I a new typical stall detail which shows 16 foot stalls with an overhang onto 5 foot sidewalks, should be attached or the plans revisI?cl accordingly. 4, Cl)mment #13 - I am rl"attaching the exhibit referenced and have highlighted ill yellovl those areas that still do not meet thp parking lc,t n:>g1\lations. In all the areas denoted, the minimum 27 foot backup area required is not provided. As shown, these access aisles are not wide enough to permit p,"l'king Fpaces t.o back nut. int.o them. If thesp aisles cannot. be widened. the parking spaces wi.ll haVE- to be el iminatec1. You Hill lwed to evaluat.e this against the !lumber of surplus spaces available, If parking spaces are deleted, please make sure all plans correspond with respect to layout. 5, Cr)mment #15 - Indicate on sheet L-1 the location of the various pieces of recreational equipment detailed on sheet L-ll. Add a key to sheet L-l to clarify the symbols used within the recreation areas. 6. Comment # 18 - The agreement discussed is required pr ior to final sign-off and has not yet been provided to me for transmittal to our legal department. This agreement must pnsure that the tennis courts will be open to the apartment residents since this amenity is being provided to receive J/2 credit toward the recreation impact fee and will be shared by the C-J zoned parcel, This agreement must also provide for the nOll-profit use of the t.ennis courts for the commercial resort so as not to create a zoning violation. Appen~ix B, Section 7.0 and E of the Code of Ordinances, 7. Comment #19 - This easement document shall nm to the city and the apartment project to ensure temporary access until platting of the C-3 zoned parcel occurs and shall be reviewed and approved by the city's legal department, prior to final sign-off. This document has not yet been provided to me for transmittal to our legal department. 8. Comment #20 - The ultimate right-of-way for N.W. 22nd Avenue is 110 feet, not 108 feet. This is reflected on sheet Al.2, but since the 40 foot building setback line is not drawn to scale, building #1 will probably shift sout.h of the location indicated on the plans. The horizontal control draWing TO: Mr. Alex Garcia -3- July 5, 1990 indicates a dimension for bUilding #1 from a line perpendicular to the west property line, but it is not clear whether the achE tiC'Il;"\l r; feet of right-of-way to be dedicated has been refll?cted, t.e. - a 40 foot bUilding setback from thE' 110 foot ulU.mate right-of-way line. neflect t.his informatinn I1n the approprjatl? plan to enSllre that building #1 will be constructed in the proper location and that nothing on till? plans \rJill be affected by shifting the building south to meet the minimum building setback. Incidentally, I had a similar comment on the plat which has not been addressed. This will need to be done prior to final plat approval by the city Commission. ~, I \Vc'uld advise you to contact Mr, Howard Spgal \Alith the HPO regarding the requi red vlidth for the s idewalk/bike pa th, v'lhichever is required, along N.W. 22nd Avenue so that this is accurately reflected on the plans submitted. If you sllould have any questions on these outstanding comments, please do not hesitate to contact me. Sincerely, CITY10F BOYNTO~ BEACH ~~~f( I} l (~ ,L (~:~ . rZl ~1/~~ ~ \/ TAMBRI J. k~DEN J Assistant city Planner TJH Attachments xc: Chronological File A:Carriage CITY of BOYNTON BEACH ~ @ 100 E. Boynlon Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734-8111 July 5, 1990 Mr. Alex Garcia Shalloway, Foy, Rayman & Newell, ~nc. 1201 Belvedere Road West Palm Beach, FL 33405 RE: Carriage Homes at Congress Lakes PUD - Site Plan outstanding final sign-off comments File No. 428 Dear Alex: I have reviewed the plans you submitted for final sign-off for the above-referenced project. The following is a list of those comments from my May 4, 1990 memorandum (the conditions of approval from the Planning Department) which remain outstanding and that will need to be addressed prior to the Planning Department signing off on the plans: 1. Comment #4 - There is a small discrepancy on the paving and drainage plans, site plan (sheet A1.2) and horizontal control plan regarding the number of parking spaces provided in front of building #13. The paving and drainage plan shows a total of 1003 spaces, the site plan shows 1004 spaces and the horizontal control plan shows 1002 spaces. These plans should be corrected to correspond with each other as well as page 4 of the site plan application. 2. Comment #8 - The required paving setback has been addressed on sheet Al.3 only, and only in part. On sheet A1.3, there appears to be a minimum 2-1/2 foot paving setback between the property line and the access aisle for building #33 and a minimum 4-1/2 foot paving setback (although not dimensioned) between the property line and the parking spaces east of the tennis courts, however the sidewalk shown does not permit room for the hedge which is required by Chapter 7.5, Article II - Landscape Code, Section 7.5-35(e). In addition, the required hedge is not indicated on the landscape plans in either this area or along the common property line between the office parcel and building #33. The minimum paving setback should be dimensioned on those sheets necessary to ensure proper construction of these TO: Mr. Alex Garcia -2- July 5, 1990 areas (paving and drainage, site plan, etc.). Elimination of the end space or two end spaces at the southeast corner of the row of parking spaces might be a solution to the setback and hedge problem while retaining the sidewalk. Since a surplus of spaces is proposed, this is a viable alternative. 3. Comment #10 and #11 - As discussed with you during our meeting on June 29, 1990, a new typical stall detail which shows 16 foot stalls with an overhang onto 5 foot sidewalks, should be attached or the plans revised accordingly. 4. Comment #13 - I am reattaching the exhibit referenced and have highlighted in yellow those areas that still do not meet the parking lot regulations. In all the areas denoted, the minimum 27 foot backup area required is not provided. As shown, these access aisles are not wide enough to permit parking spaces to back out into them. If these aisles cannot be widened, the parking spaces will have to be eliminated. You will need to evaluate this against the number of surplus spaces available. If parking spaces are deleted, please make sure all plans correspond with respect to layout. 5. Comment #15 - Indicate on sheet L-1 the location of the various pieces of recreational equipment detailed on sheet L-11. Add a key to sheet L-1 to clarify the symbols used within the recreation areas. 6. Comment #18 - The agreement discussed is required prior to final sign-off and has not yet been provided to me for transmittal to our legal department. This agreement must ensure that the tennis courts will be open to the apartment residents since this amenity is being provided to receive 1/2 credit toward the recreation impact fee and will be shared by the C-3 zoned parcel. This agreement must also provide for the non-profit use of the tennis courts for the commercial resort so as not to create a zoning violation. Appendix B, Section 7.D and E of the Code of Ordinances. 7. Comment #19 - This easement document shall run to the City and the apartment project to ensure temporary access until platting of the C-3 zoned parcel occurs and shall be reviewed and approved by the city's legal department, prior to final sign-off. This document has not yet been provided to me for transmittal to our legal department. 8. Comment #20 - The ultimate right-of-way for N.W. 22nd Avenue is 110 feet, not 108 feet. This is reflected on sheet A1.2, but since the 40 foot building setback line is not drawn to scale, building #1 will probably shift south of the location indicated on the plans. The horizontal control drawing TO: Mr. Alex Garcia -3- July 5, 1990 indicates a dimension for building #1 from a line perpendicular to the west property line, but it is not clear whether the additional 5 feet of right-of-way to be dedicated has been reflected, i.e. - a 40 foot building setback from the 110 foot ultimate right-of-way line. Reflect this information on the appropriate plan to ensure that building #1 will be constructed in the proper location and that nothing on the plans will be affected by shifting the building south to meet the minimum building setback. Incidentally, I had a similar comment on the plat which has not been addressed. This will need to be done prior to final plat approval by the city Commission. 9. I would advise you to contact Mr. Howard Segal with the MPO regarding the required width for the sidewalk/bike path, whichever is required, along N.W. 22nd Avenue so that this is accurately reflected on the plans submitted. If you should have any questions on these outstanding comments, please do not hesitate to contact me. Sincerely, CI~OF BOYNTON BEACH .J~(l:;L.~.~ TAMBRI J. ~~~ Assistant City Planner TJH Attachments xc: Chronological File A:Carriage ~ ,. G> " ~ : ... ~ 1 ... .. .. c: ~ .. \~ ~ ~ r ~ ~, ~ .1 ~ ~ ~ :,. u~ ,.\ \ \ ~ ,,'lI "", ~~.."u.. @) ~ ~.. ~ ;j. ~ ~ ('\l ~~~r> >~~::'\ ~:t~ ~ ~ '~-:\' ~ ~~ ~ ~,~ I.\~ "'\ -'- ~ .'\ ; ~::s/ ~ ~ rn ~ "\ 1'- \. 11- ~ ~~ ~ - .~.~' ~~ ~\ ~ ~ <!) ~~ " fJ\ ~ ~ f -~ ~ ~~ ~ ,6 I~: ~, 'f 4- ~ ~'.~' ~~ ~~ ~ ~ ~ ~ {itl~ t. ~~ /"" ~ ~ "'\ :~~"~.~ ~,. ,~tl> ~~ ":"~'":t- ,,~<~i;;~ ~i~'~]~~'~~ ;, ,~t,~;~~ t" ,. . ~\I'f"~l"~' ' ~ 'I".'" ....., (J\\I~" -.,..'... -.' ~ ~ tS \ /.;: 'i~;' \' ::;\ ..,.' 1~'~ ~ ~ g..1" ~. ".'t ~ '~,:1-~ $'. c -, ~ ~~ ~ ~~ tU' :;., \ \i1- ~ ;;- ~)\\r ~. -t- \ 111 ~ ~ , \ 't ..'\ 1 tV:., ::... ' \\J\':..:~;,;ii~;'.f:."'. . ; ., ,~'" (""../.'.. . .f;', ,,,.c1.,,_,,"~'''''' ,.~ .' .. "I . .. " .~mm~1"*".H.;". .' (jJ \ . \ \ it ~\ \ \ \ l \~ it , \~ ~\ \ ------------. -~---~ ,---,:::------ .' .............. ....... ,< ~., ' ~'" . .~.. . ,_.~__. rlS'~ ; .~,' ~ c: - ~ ~ ~ \. ~ " - , " CITY of i 'BO'YNTON BEACH ",' ~ @ 100 E. Boynlon Beach Blvd. P. O. Box 310 Boynlon Beach, Florida 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR July 16, 1990 Mr. Thomas McMurrian 2010 Lindell Blvd. Delray Beach, FL 33444 RE: Carriage Homes of Congress Lakes - Site Plan - File No. 428 Dear Mr. McMurrian: Please be advised that on Thursday, June 28, 1990, the City Conunission approved the referenced site plan, subject to staff conunents, copies of which are attached, as well as subject to resubmittal of the landscape plan to the Conununity Appearance Board, as required at the June 18, 1990 meeting. These plans were approved subj ect to your compliance with the attached stipulations and must now be modified to incorporate same. To initiate your sign-off procedure, please submit two (2) sets of modified plans to the Office of the Site Development Division of the Building Department, which will record the required identification markings on each set of the modified plans. After each set of modified plans has the appropriate markings, you should proceed with your sign-off on each set of plans from each Technical Review Board member who made conunents. The Zoning & Site Development Administrator will provide the Building Department sign-off and is the last Technical Review Board member to review and sign-off the plans. If the Building Department did not have conunents that require sign-off, they are still the last department to handle and process the plans. One (1) set of final signed-off plans will remain with the Building Department and the other set of plans will be returned to you to be retained at the job site. To help facilitate the sign-off process, you should make an appointment to meet with each Technical Review Board member (only ,. .. TO: Mr. Thomas McMurrian -2- July 16, 1990 those members who made comments), to allow them sufficient time to review and sign-off the modified plans. After securing all the required Technical Review Board member signatures and completing processing by the Site Development Division, you may apply for building permits by submitting the appropriate documents and fee to the Plan Review and Permitting Division of the Building Department. The Building Department will advise you as to any additional permits which may be required, such as Palm Beach Health Departrnen t (wa ter and sewer), clearing / grubbing, excavation/fill, drainage, paving, site lighting, landscaping and irrigation. The approval of the City entitles you to construct only the improvements shown on the site plan. The site plan will be viewed procedurally as an as-built or record drawing. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~7~ TIMOTHY P. CANNON Interim Planning Director JJG:frb Encs cc: Mr. Alex Garcia, Shalloway, Foy, Rayman & Newell, Inc. 1201 Belvedere Rd., West Palm Beach, FI 33405 Technical Review Board C:CarrHms