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REVIEW COMMENTS q fl .J ~) 'J ) ) - ) , " . ru lJl -I -I 0..:.. 0- 'lJl -I Ul , CC ,t \J "^MCO rORM 33'" ',--",' ; W^RR^NTY DEED. SPECIAL ""OM cn",", lhis Special Uarranlg lileed Made Ille :? g clay 0/ January Great Universal Development-Florida, Inc. n corpora lion pxisling unclE'r Illlf laws 0/ the State of Florida . nmlllaping ils prilldpnl "Ion' 0/ I",,~inps,~ 01 645 Fifth Avenue, New York" NY 10022 lH~rpina/lI'r called Illl! gran lor. 10 . A, fJ. IQ 87 I,}. Costain Florida Inc., a Florida corporation wlu,spposlo//iceaddrl'SiIis 360l N.E. 207 Street, N. Miami Beach, FL 33180 Ilpr"illfl/l"r call1'J "I(' g'oll'I'I': (Wht>rtvrr "!led herein .he IfOrmll .'~r.1."'or" "nd "'Jrtllntr..u ."dud,. i1111 th~ p:uti.-lI 10, _hi... indlum!'"I. And tht. tu.in, Ir~.1 rrprr,entRtives 3nfl .:l,,,i~n.. o( individual,. and the succt"on .nd Inl'f"'" of (orJl~ntlon') Witntsselh: Tllol Ille nronlor. /or oml ill cOII,~iclf!rnli,"1I 0/ IIII' sum 0/ $ 10, 00 oml olll('r ,,,,11101,1(. consiclpralimu. r"cpip' wl."rpo/ is I.prpl,y oclmowlcJlIpl/, I,y IllPSp prpsellh clol's grell1l. IlOrnoin. spll. ulipn, rpmi.~p, r"leose, CO,JII,,}' a'1(1 COil/in" 111110 IIIP nralllpl', allllwl certain lanJ siluale in Pal:n Beach C"ullly, Flo,.;(ln. ph: / \ ,U()O ' 00') ,CO "r.:: / ,0" ~, \.c, 17(1 CC{),Olll\ll of QUl\IL Ll\KE WEST and TRl\CTS ONE and TWO, " -." according to the Plat thereof, recorded in Plat Book 50, Page 3, of the Public Records of Palm Beach County, Florida. ~ ;:..l~ SUBJECT TO: l. 2. . ..', Taxes for 1987 and subsequent years. Covenants, conditions, easements and of record. Purchase Money secure debt of restrictions 3. Mortgage in favor of grantor to $3,000,000,00. J ogdlt~r willi all '/. () 000,00 Oo~nln, Tn P4 t " I ' . t"t..'I.I~l. t.. ,.. ~~rl.Wl" nppurlenances Illl'rplo lH~lonf1illn or ill 011)'- IIIC Imumlellls, lwrprlilanrr"ls and u,be ap"l'rlaini"n, 10 ltaue and to llold, Ilw snllw ill {PP 5illl"lf' /orl'IIer, flnd 11,1' WOlllor l,prl'l>y rOl'f'IIallh will. said gralllpl' 11101 il i,~ [nw/ull,V Sl'iz.f'f[ 0/ snid lmlfl ill /Pl' ,~illlplr; ,Iml if Iln,~ noml rinl.1 ami lalll/"f ou,/lorily 10 srll oml rOfll'PY sahl lmlf/; Illnl il II1'rf'l,y /ull}. IIIctr- frlllls 11.r lillp 10 said 100HI amI ",ill ,lp{"1I(1 Illr mnll' (If/aiml IIIP IfI 111/" I dni/l1,~ 0/ oil pl'rsolls r(oirnill!l I,y, I II rollll 1. or IIml(.r II", soi,l fJralllnr, ICOIU'OR^'I F, ~I:^,,) 11n ~tiJihttSS Wlt~rf!of 11.1' grail lor llOs col/spd Il,r'sp prl'mlh 10 I", ('xpo",." in ih nnnw, OIlfl i's cor/10m',' ,~po/lo I", IIP"'IIlII" n//ixf'''. I,y ils proppr o/ficprs I/lerPIII.'o (/I,(Y f11ll/loriz.p,/. l1,r (Iny oml ypnr /irsl al)(,I'p IlJri/lPII, ,I Development- " a Florida OQ:.porat'ior.'" ......, . -, .' ~ . . . , , ,.' ,.' STATE OF COUNTY OF FLORIDA DADE ~ vi ce':- rrro;~.n' ; ;:>0 '. \too-' .... .., \. ;->'. ' '::... ;1" , . ..' ~I ;- .', I ~,f" .. I IIERF:nV CERTIFV .1.., on II.i. do" 1""",. mr. on ollie.. duly ."lhod...1 in lhe 5'0'" ond Counly .IOI..oi.1 In ,.k. ..knowlrrl~nltnl'. :5 u. o )-'W ~t-...I u..Z::,c -::>Z ffio::> >UO O:r:rri ll.UZ 8~I wmO a:~-' ..J <( Q ,trrilnnally _,Jp,.",,.d Robert M. Miller wrll Itn"",n In mf" lit It(" thf' V ise I'r~"idt"nt ,y(ff{ K*f"M*K or II." rnrpftution nam"d .. lIunt(lr i.. ,h. lo.....i... .Ired, ...d ,h.. ~lVx.l~.II, o.kno..I.,I...1 .......i"l{ Ih. .~m' in .h. ",,'.nee "I ."0 .ul,,<ril,i..~ wiln..... lr..ly, ond ,'..Iun..rily ItlUlr, ;uulutli.,. (Iul,. 'r~t"d in x,x.fc:m ...id rnrpnnlion :IIU. II1At Ihe !lell .ffill:f'(1 .t."rt"o ill ,Iu" Itu," COIpnnte ".t of lIid ("orpo',.tjnn.. W1T:\F,~S u,,' h,nd ,..d "lIid.1 ..01 in ,10. en"..'\, oud $1.', 1..1 ./"......1 .1", Zgth .1., "I J an uar~ <tl, ^ .' o.:','Jqa 7, . / /:~/J:'I '~':";"':,;',", G:;{~~~~i~a , . ' & Ret\'rn '1'0: 17", I"'/rumo// l'r'l'flrt'rll'Y': ~1r'~ J. S r (' rnlHl urn, Esq. l\rlrlmJ :,201 Alhamhnl Circle v Coral Gables, FL 33134 .. My commission exnl l;e,S :.." 1I0TM1Y rUtlLl'; ;.l,\l,'fiT"Tr: ,~ IIV comn ~~ It: 'I np. I~"! :":," ,1 " *. . . .. , j \.../ '--~ 8. Owner i8 familiar with the nature of an oath and with the penalties Cor falsely swearing to statements made in an instrument of this nature. Owner Curther acknowledges that Owner has read this Af . and understands its content. , R BERT LER, as V ce President of Great Universal Development - Florida, Inc., a Florida corporation , STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) ,.-'7 ( ,.' Sworn to and subscribed beCore me this .:. ~ day of January, 1987, by Robert M. Miller, as Vice President of Great UnIversal Development - Florida, Inc., a Flori<1a corporation.,'~ . .... /1 .I, '/ ,{ I It.. ' /, Notary Public, I ( /1 " I '- I -:-_:.~---.. ,/ ,_ 0, ./ / / . / STATE OF FLORIDA My Commission Expires: WOI.R1 r~9LI~ :T^Tf or rlOF1~~ Rl L~~H!~~IC~ ~~'. eCl 2~.I"~ Qu,nlii . ~1j GL:I~~.~~. r;:;. l~~.~. , \ 40013/01/CSIB -2- , . ;, (~ L,.' " ,.. AFFIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) BEFORE ME. the undersigned authority. personally appeared Robert M. Miller. as Vice President of Great Universal Development - Florida, Inc., a Florida corporation ("Owner"). who being first duly sworn, deposes nnd snys: 1. Owner is the owner in fee simple of the real property (the "Property") situate in Palm Bench County. Florida. described as: All of Quail Lake West and Tracts One and Two. according to the Plat thereof, recorded in Plat Book 50, page 3, Public Records of Palm Beach County. Florida. 2. Owner is in sole and exclusive possession of the Property. 3. There are no mechanic's liens filed of record against the Property. except for mechanic's lien claim filed by Envirocivil Engineering, Inc., on ,Jnnuary 9, 1987. at Clerk's file no. 87-006757, in the nmount of $1,800.00, the vnlidity of which claim Owner contests. There nre no other claims for labor performed or materials furnished for improving the Property which remain unpaid to date, and there has not been any work done on. services furnished to or materials furnished to the Property within the ninety (90) days previous to the date hereof. Since September 4, 1985 (the date of recording of a Notice of Commencement with respect to the Property in O. R. Book 4641, page 1755, Public Records of Palm Beach' County, Florida), the only work performed on or material supplied to the Property has been for professional services or subdivision improvements. 4. The Property (and the personalty contained therein) is unencumbered by the lien of any judgment. writ of attachment. tax lien, or assessment lien of any kind. 5. That this Affidavit is made for the purpose of inducing Costnin Florida 'nc., a Florida corporation ("Transferee") to purchase the Property and to induce TICOR Title Insurance Co. ("Title Insurer") to issue a title insurance policy with respect to such trnnsaction. 6. There are no actions or other matters pending agninst Owner which could give rise to a lien which would attach to the Property prior to the recordation of the document(s) evidencing the interest to be insured by Title Insurer, and Owner has not executed and will not execute any instrument that would adversely affect the title or interest to be insured. , , " 7. Section 1445 of the Internal Revenue Code provides that a transferee of aU. S. real property interest must withhold tax if the transferor is a foreign person. To inform the Transferee that withholding of tax is not required upon Owner's disposition of aU. S. real property interest, Owner hereby certifies the following: a) Owner is not anon -residen t alien or a foreign corporation, foreign partnership or foreign trust for purposes of U. S. income taxation; b) Owner's U. S. 13-2602140. taxpayer identifying number is as , follows: c) Owner's home or business address is as follows: 645 Fifth Avenue, 8th Floor New York, New York 10022 Owner understands that this certification may be disclosed to the Internal Revenue Service by the' transferee and that any false statement con- tained herein could be punishable by fine. imprisonment, or both. :'- .- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P M. on February 9, 1988, at Pineland Plaza, 2ll South Federal Highway, Boynton beach, to consider an application for a variance on the following described property: Applicant/Owner: Coscan 1900 Corporate Boulevard, N.W. Boca Raton, FL 33431 Agent: Shalloway, Inc. 1201 Belvedere Road West Palm Beach, FL 33405 Legal Description: A tract of land known as Quail Lake West and Tracts One and Two being a part of Section 31, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida and being more particularly described as follows: .; DESCRIPTIO~I: Being a parcel of land lylnq in thr. Northr"nt 1/4 of Sect,ion 31, Township 4'j South, Range 43 east. Palm Beach County, Florida, being more particularly described as follows: COMt-1ENCING at the Northeast corner of saul Section 31, Thence South 89018'10" West. a d~stanc~ of 110.00 fert; Thence run South 0001'07" West a distance of 40.01 feet to the Point of Beginning of the hereon described parcel or land, said point also being aPecmanent Reference Munument (PRMl on the West line of WOOLBRIGHT PLAZA, as recorded in Pldt Book 38, at Page 63 and 64, Palm Beach County, Florida; Thence run by the following numbered courses; 1. Thence South 89018'10" W@st along the South linejof L.W.D.D. Canal L-26 also being' a line parallel_ to the 'North-':;line of ,the Northeast 1/4 of said Section 31, a distance of 1957.71 feet' to a point of intersection; .,' - 2~ Thence South 890181,53" Nest parallel ,to the North line of , '.' the Northwest 1/4 of said, Section 31 a, distance of O. 79 feet ',' ' ,to a point lying on the West line of the Northeast i/4 of said ,', ,,', h~: ,;' ;, 'Section 3l: ; , ~ .. " ,~', 3. Thence South 0026'10" West along said West 'line a distance .. of 294.55 feet to a found P.R.M. J }. 4. Thence North 89015' 57" East a distance of 667.61 feet to,. a found P.R.M.: '," , ,5. Thence South 0019'56" West along 'the West line of the East '3/4 of the Northeast 1/4 of said Section 31, said line also being the East line of PLAT NO. 7 QUAIL RIDGE, as recorded in Plat BOOK 33, at Page's 43 and 44, public records ~alm Beach County, Florida, a distance of 2298.83 feet to a po~nt'on the North Right-of-Way line of Galf Road~: ',' ' , 1 6. Thence North 89000'43"',East ~long the North Ri~ht-of~way line of Golf, Road a distance of 1586-:97 feet." 7. Thence North OOOl'O?" East, a distance of 4'16,.12>feet 8. Thence North 31000'00" West a distance of 41(),.O'5'~feet -,' 9. Thence North 000l'07" East,a distance of 100.00 f~et 10. Thence ,South 89058153"' East a distance of 270.00 feet' , ,'11. Thence North 00,01' 07", ,East 'a" distance" of4 40. OO',feetto . . a point on the South line of said Plat of WOOLBRIGUTtPLAZA. ' . 12. CThence North 89058' 53" West ,along the South line~, of saLl , ' t WOOLBRIGHT PLAZA a distance of ..538.00 ,feet to theSputhwest, corner of, said WOOLBRIGHT PLAZ~..:' " " ." ,: ". ~.:/;i: ' , ,', ' 13. Then~e North 0001'07" East along the West,li~~~~'said' \-JOOLBRIGHT PLAZA a distance.'of 833.63. feet'to' a point on iI, ,. ,'.' curve conca."~ to the, North; ,said curv,e having a radlu5 of, ' 3479.05 feet, and a, central~ angle of, 60',13' 34" and 'wh~se.' tangent ,passing through said point bears South 84028' 16'" East . \ 7 .<;.'~"'....... - r'.~. - 14. Thence Easterly along the arc of said curve a 'distance of 378.05 feet to the end of a curve 15. Thence North 89018'10" East a distance of 50.50 feet 16. Thence North 0001'07" East a dlstance of 145.01 feet 17.Thence South 89018'10" West a distance of 52.3J feet to the beginning of a curve concave to the North, having a central angle of 3-03'15" and a radius of 333+.0S feet. 16. Thence Westerly along the arc of sald curve a distance of 111.7l feet to a pOlnt being a P.R.M. on the West line of aforesaid WOOLBRIGHT PLAZA; 19. Thence North 00001'07" Cast a distance of 308.30 teet t.o the POINT OF BEGINNING. -'~~ . Less ~ excepting therefrom, that parcel of land beins ~he West- erly extension of right-of-way for Woolbright Road ~s 1n Official Record Book 3'S3, Page 5"66, Public Records of Palm BAach County, Florida. ~ .' Contalnlnq ln all 80.5'3 acres. SUBJECT TO, Drainage and Recreational Lasements as,rccQrdedin Official Record Book 332.7, ?aqe 1570, Public Records of palm,. Beach County, ,Florida. Location: S.W. 26th Street, North of Golf Road, West of Congresss Avenue, South of Woolbright Road. Requested Variance: RELIEF FROM ARTICLE X - PARKING LOTS, Section 5-142, Required Improvements, of the Boynton Beach Code of Ordinances (a) Lighting Each parking lot shall be lit in such a manner as to provide a safe environ- ment. Levels of illumination and luminaire types shall comply with City standards. and (e) Curbs and Car Stops No more than two access aisles may be traversed without interruption which shall be accomplished by the placement of wheel stops or the installation of a raised, continuous curb. Landscaped areas in parking lots shall be pro- tected from the encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all landscaped islands, landscaping adjacent to parking stalls, and landscaping adjacent to curvilinear driveways where encroachment is likely to occur. Curb design shall comply with City standards. proposed Request: (a) Eliminate the requirement of an overall lighting plan for the area immediate~y surrounding the units as individual lighting will be provided for each unit separately. Jf (b) Exclude the need for wheel stops and a raised continuous curb in the garage and in the surrounding driveway area for all of the single family attached units shown on the site plan. 'W I M E M 0 RAN DUM ~ February 3, 1988 TO: CHAIRMAN AND MEMBERS, PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: QUAIL RUN - PARKING LOT VARIANCES Section 5-144(c)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to be made part of the public hearing proceedings. To that end, this memo is forwarded consistent with Section 5-144(c) (4). Shalloway Inc., agent for Coscan Inc., has requested two such variances to cover all driveway and garage parking spaces provided for each fee-simple, mUlti-family, condominium unit at theiQuail Run Planned Unit Development as follows: I , , 1. A variance to Section 5-142(a) Lighting, of the Parking Lot Regulations, which requires that each parking lot shall be lit in such a manner as to provide a safe environment. Levels of illumination and luminaire types shall comply with City standards. In this instance, the applicant is requesting exemption from the average; minimum illumination level and lumina ire type required by City standards. The applicant, however, is proposing building-mounted lighting on the front of the condominium units as a replacement for the pole-mounted fixtures that would otherwise be required. 2. A variance to Section 5-142(e) Curbs and Car Stops, of the Parking Lot Regulations which requires among other things, that all landscaped areas shall be protected with a raised continuous concrete curb, except that the curb may be interrupted to accommodate drainage and may be omitted where concrete wheel stops' are provided in the parking stall. In this instance, the applicant is requesting exemption from the requirement that those landscaped areas adjacent to the driveways to the multi-family units be protected with a raised continuous concrete curb or car stops. On Tuesday, February 2, 1988, the Technical Review Board (TRB) met to review the plans and documents submitted, and to formulate a recommendation with regard to the variances requested. After review and discussion the TRB recommended that both variances be approved for the fOllowing reasons: 1. Section 11(H) of Appendix A, Zoning, states that driveways shall satisfy the parking space requirements for single-family detached dwellings and duplexes, provided such driveways are of sufficient size to meet the parking space requirements. This section fails to address the uniqueness of the fee simple, multi-family, condominium units at the Quail Run, PUD. It was felt that these units should be treated as single-family units. -2- 2. The driveways and garage spaces provided to meet the code requirement of two parking spaces per unit do not clearly constitute parking lots as per Section 5-14l(i), Article X, Parking Lots, which defines a parking lot as any outdoor, partially enclosed or enclosed space, plot, yard or any portion thereof upon which two (2) or more parking stalls are constructed. Parking facilities designed for detached, single-family homes, or duplex units with a maximum of four (4) parking stalls are exempted from this definition. Therefore, it was the opinion of the Technical Review Board that the Article X lighting, curbing and curb stop requirements for parking lots should not apply to the driveway and garages spaces provided for the multi-family units at the Quail Run, PUD. Ca fl~ CARMEN S. ANNUNZIA~O~ -, CSA ro cc Central File