LEGAL APPROVAL
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 2, 1996
2. Regular City Commission Meeting Minutes of June 18, 1996
No additions, deletions, or corrections were made to these minutes.
B. Bids - Recommend Approval. All expenditures are approved in the
1994-95 Adopted Budget
None.
C.
J
...
Resolutions
1. 9roposed Resolution No. R96-89 Re: Authorize the Mayor and City
Clerk to execute a disclaimer for the abandonment of parcels "A" and
"B" of portions of Charter Drive right-of-way' for Hunters Run
2. Proposed Resolution No. R96-90 Re: Authorize the Mayor and City
Clerk to execute a disdaimer for the abandonment of parcel "C" of
a portion of Charter Drive right-of-way for Hunters Run
3. Proposed Resolution No. R96-91 Re: Approve the application for
Palm Beach County Emergency Medical Service Grant Funds
4. Proposed Resolution No. R96-92 Re: Authorize execution of
Agreement between the City of Boynton Beach and Xerox
Corporation for the temporary ITS Director services
5. Proposed Resolution No. R96-93 Re: Authorize execution of
Agreement between the City of Boynton Beach and South Technical
Education Center for the provision of trainrng classes
6. Proposed Resolution No. R96-94 Re: Authorize Agreement between
Treasury Law Enforcement Agencies (U. S. Customs Task Force) and
the City of Boynton Beach
7. Proposed Resolution No. R96-95 Re: Authorize execution between
the City of Boynton Beach and Atlantic Towing for use of donated
vehicles
4
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH~ FLORIDA
MARCH 12~ 1996
.,
c
Motion
Vice Chairman Golden moved to approve the minutes of the February 13, 1996 meeting.
Mr. Beasley seconded the motion, which carried 4-0. Ms. Frazier abstained since she did not
receive the minutes.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
(1) Final disposition oflastlBonth's agenda items
Ms. Heyden reponed on what transpired at the last City Commission meeting relative to the
items that were before this board last month.
Chaner Drive North - Both abandonments were approved subject to providing easement
agreements. The problems with access were resolved. The applicant is now working on getting
the recorded easements for the City. Once the C'1ly receives them, resolutions can be adopted.
ijillS~ Lake Eden - The rezoning was approved subject to the following conditions:
1. The preservation areas wiil be tracts instead of easements.
2. The landscape buffers along Seacrest and Swinton will remain easements.
3. The sidewalks will be on one side.
4. The building height was allowed to be 33 feet.
5. The roads (private rights-of-way) have to be ~feet wide.
6. A gated egress was approved onto Seacrestonly.
7. The minimum square footage under air must be 2,400, and the average square footage
under air must be 2,600.
This item is going to the Commission next Tuesday for second reading.
High Ridge Commerce Center - The use approval to allow wholesale distribution and service of
turf equipment was approved subject to environmental review.
2
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 20,1996
B.
Project:
Agent:
Applicant:
Location:
Description:
Charter Drive North - Parcels A and B
Stuart H. Cunningham, P.E. and P.L.S.
Hunters Run Golf and Racquet Club, Inc.
Western terminus of Charter Drive North
Abandonment - Request to abandon a portion of Charter Drive
North, legally described as Parcels A and B
The applicant was not present. Ms. Heyden advised that staff had recommended denial of this
request due to the access issue. The same comments she mentioned with regard to Parcel C
apply to this item as well. She recommended approval subject to the applicant satisfying the
conditions in comment I only of Exhibit "C".
No one in the audience wished to address this item.
Motion
Mayor Pro Tern Matson moved to abandon a portion of Charter Drive North, legally described as
Parcels A and B, the western terminus of Charter Drive North, for Hunters Run Golf and Racquet
Club, Inc., subject to staff comment number I of Exhibit "C" (the FPL and Southern Bell
easements). Commissioner Jaskiewicz seconded the motion, which carried 4-0.
C. Project: Hills ~ake Eden PUD................................................... TABLED
Agent: Burlison A. Gentry - Gentry Engineering and Land Surveying, Inc.
Owner: Newport Properties, Inc.
Location: Northwest comer of S.E. 36th A venue and Seacrest Boulevard
Description: Rezoning - Request for master plan approval to construct 56
single-family detached homes on 14.45 acres of land in
connection with a rezoning from R-I-AAB (single-family
residential) to Planned Unit Development with a land use intensity
of 5 (PUD with LUI=5)
Motion
Mayor Pro Tern Matson moved to take this item off the table. Vice Mayor Bradley seconded the
motion, which carried 4-0.
Mr. Gentry stated that this is a proposal to rezone the subject property to PUD with a Land Use
Intensity of 5. The current future land use classification will remain low density residential
12
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
..,
Project Name:
Agem:
Applicam:
Location:
Description:
FEBRUARY 13. 1996
Charter Drive North - ParcelS A and B
Stuart H. Cunningham. P.E. and P.L.S.
Hunter's Run Golf and Racquet Club. Inc.
Western terminus of Charter Drive North
Request to abandon a portion of Charter Drive North.
legally described as Parcels A and B.
Mr. Beasley inquired about the need to abandon Parcels A and B. Mr. Rosenstock explained
[hat [he City Attorney recommended that the acquisition could be made without interfering
with any right-of-way. or with the neighbors that adjoin the property. Part of the corner
would also be needed. It was drawn up by the City Attorney that way because it does not
infringe upon anybody' s access.
Mr. Beasley asked if Tract 17 is part of the right-of-way for Summit. Mr. Rosenstock
explained that it belongs to Hunter's Run Golf and Racquet Club.
No one in the audience wished to address this item.
Motion
Vice Chairman Golden moved to recommend approval of Charter Drive North, Parcels A and
B, the request to abandon a portion of Charter Drive North, legally described as Parcels A and
B. subject to staff comments. Mr. Beasley seconded the motion. which carried 7-0.
B. REZONING (City Commission remanded on January 16, 1996 to the Planning
and Development Board)
1.
Project Name:
Agent:
Owner:
Location:
Description:
Hills of Lake Eden PUD
Burlison A. Gentry
Gentry Engineering and Land Surveying, Inc.
Newport Properties, Inc.
Northwest corner of S.E. 36th Avenue and Seacrest Blvd.
Request for master plan approval to construct 56 single-
family detached homes on 15.45 acres ofland in
connection with a rezoning from R-I-AAB (single-family
residential) to Planned Unit Development with a land use
intensity of 5 (PUD with LUI =5).
4
C I T Y
PLANNING &
o F BOY N TON B E A C H
DEVELOPMENT BOARD MEETING
AGENDA
DATE:
Tuesday, February 13, 1996
TIME:
7:00 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance.
2. . Introduction of Mayor, Commissioners and Board Members.
3. Agenda Approval.
4. Approval of Minutes.
5. Communications and Announcements.
.
io
A. Report from the Planning and Zoning Department
1) Final disposition of last month's agenda items.
6. Old Business:
None
7. New Business:
A. PUBLIC HEARING
Abandonment
1. EROJECT NAME: Charter Drive North - Parcel C
AGENT:
Stuart H. Cunningham, P.E. and P.L.S.
APPLICANT:
Hunter's Run Property Owner's Association,
Inc.
LOCATION:
Western terminus of Charter Drive North
DESCRIPTION:
Request to abandon a portion of Charter Drive
North, legally described as Parcel C.
2. PROJECT NAME: Charter Drive North - Parcels A and B
AGENT:
Stuart H. Cunningham, P.E. and P.L.S.
APPLICANT:
Hunter's Run Golf and Racquet Club, Inc.
LOCATION:
Western terminus of Charter Drive North
DESCRIPTION:
Request to abandon a portion of Charter Drive
North, legally described as Parcels A and B
B. REZONING (City Commission remanded on January 16, 1996 to the
Planning and Development Board)
1. PROJECT NAME: Hills of Lake Eden PUD
AGENT:
Burlison A. Gentry
Gentry Engineering and Land Surveying, Inc.
Page 2
Planning & Development Board Meeting
Agenda for February 13, 1996
OWNER:
LOCATION:
DESCRIPTION:
C. USE APPROVAL
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2 .
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
D. SITE PLANS
New Site Plan
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2.
PROJECT:
AGENT:
Newport Properties, Inc.
Northwest corner of S.E. 36th Avenue and
Seacrest Boulevard
Request for master plan approval to construct
56 single-family detached homes on 15.45 acres
of land in connection with a rezoning from R-
1-AAB (single-family residential) to Planned
Unit Development with a land use intensity of
5 (PUD with LUI=5) .
High Ridge Commerce Park PID
-'.
Richard C. Ahrens
.
Condor Investments of Palm Beach County,: Inc.
..
Northeast corner of High Ridge Road and Miner
Road
to amend the list of High
Park PID permitted uses to
distribution and service of
Ridge
allow
turf
Request
Commerce
wholesale
equipment.
Boynton Commercenter PID
Frederick Roth, Jr. PE
Michael B. Schorah and Associates
Boynton Commercenter, Ltd.
Approximately 700 feet south of the southwest
corner of Woolbright Road and I-95.
Request to amend the Boynton Commercenter PID
list of allowed uses to include communication
towers.
Tara Oaks POD
Kieran J. Kilday
Kilday and Associates, Inc. for Pul te Home
Corporation
Tara Oaks Development Company
East side of Knuth Road approximately 570 feet
north of Woolbright Road
Request for site plan approval to develop
14.47 acres of the Tara Oaks POD for a 192
unit townhouse project with private recreation
facilities.
The Kilpatrick Company
Richard C. Ahrens
Page 3
Planning & Development Board Meeting
Agenda for February 13, 1996
OWNER:
Condor Investments of Palm Beach County, Inc.
LOCATION:
Northeast corner of High Ridge Road and
Commerce Road
DESCRIPTION:
Request for site plan approval to construct a
39,790 square foot wholesale distribution
facility on 3.59 acres in the High Ridge
Commerce Park PID (lots 1, 2 and 3) .
9. Comments by members
10. Adjournment
NOTICE
-:..
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL N~ED A
RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE T~T A
VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT
LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
xc: Central File
a:agP&.Drntg.FEB
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%e City of I I ~ tiDI /
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'Boynton 'Be-acfi AUG .~ ,
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PLANNING AND '\ _ \
ZONING DEPT. '~~,.
JUL-31-1996 11:38am 96'~~08
ORB 9375 P9 791
I 11.0.. ..........1.1
.~
CERTIFICATION
I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify
that attached Resolution #R96-89, consisting of one (1) page; Exhibit "A" one (1) page;
Disclaimer, one (1) page; Exhibit "A" one (1) page is a true and correct copy as it
appears in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 29th of July, 1996.
~~<'h~~
Suz nne M. Kruse, CMCI AE
City Clerk
July 29,1996
\mas
5: \cc: \ wp \certifyj
j{merial's gateway to tlU gulfstream
ORB
9375
~' " -j~'. r~,;"-i~:-,' f, -
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792
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1'1
RESOLUTION NO. R96~r
A RESOLUTION OF THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING PARCELS "A" AND "B", WHICH ARE
PORTIONS OF THE CHARTER DRIVE NORTH
RIGHT-OF-WAY; SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
~+
PlANNING AND
NING DEPT.
WHEREAS, the applicant, Stuart Cunningham, agent for Hunters Run Golf and
Racquet Club, has requested abandonment of parcels "A" & "B", which are portions
of the Charter Drive North right-of-way;
WHEREAS, this matter came on before the City Commission on February 20,
1996, and was approved.
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 by and
through its City Commission does hereby abandon Parcels "A" and "B", which are
portions of the Charter Drive North right-of-way, described in Exhibit "A", reserving
unto the City of Boynton Beach a 12 foot wide easement dedicated over the existing
water main, and a 30 'foot wide easement dedicated over the existing gravity sewer.
Section 2. The Mayor and City Clerk are hereby. authorized and directed to
execute and deliver the attached Disclaimer and cause the same to be filed in the
Public Records of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this .A" day of July, 1996.
CITY OF BOYNTON BEACH, FLORIDA
LJ
-'"...S-
'.
,,---
, ---'
ORB ~375 P9 793
EXHIBIT "A"
PARCEL "A"
TWO PORTIONS OF RIGHT-OF-WAY in Section 6, Township 46 Section
6, Township 46 South, Range 43 East as recorded in Official Record Book
2308, Pages 157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and"B", being more particularly described as
follows:
Commencing at the Northeast corner of Summit Plat No. 1 as recorded in
P!at Book 36, Page 49 of the Public Records of Palm Beach County, Florida:
thence South 880 13'31" West along the North line of said Summit Plat No.
1 (Bearing Reference North Line of said Summit Plat NO.1 bears North 880
13'31" East according to the Plat thereof, and all other lines are Relative
thereto), said line also being the South line of Charter Drive North as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, a distance of 596.47 feet to the
Point of Beginning; thence South 430 13'31" West along ~he border of said
Summit Plat No.1, a distance of 70.71 feet, to a point hereinafter referred
to as Point "A"; thence departing said Plat, North 010 46'29" West, a
distance of 50.00 feet; thence North 880 13'31" East, a distance of 50.00
feet, to the Point of Beginning.
Containing 0.0287 Acres (1,250 square feet), more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
PARCEL "B"
Beginning at a point previously described as Point "A"; thence along the
border of said Summit Plat No.1, South 010 46'29" East, a distance of 50.62
feet; thence South 880 13'31" West, a distance of 37.96 feet; thance North
35005'16" East, a distance of 63.28 feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet) more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
DISCLAIMER
ORB 9375 P9 794
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida, does
hereby abandon and disclaim Parcels "A" and "B", which are portions of the Charter
Drive North right-of-way, situated and located in Palm Beach County, FloridA, more
padicularly described herein as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this cd<
day of July, 1996.
ATTEST:
~~i~~~~
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR
i
! and SUZANNE KRUSE, Mayor and City Clerk respectiv$Jy, of the City of Boynton
!
II Beach, Florida, known to me to be the persons described in and who executed the
.1 -
"
: I foregoing instrument, and acknowledged the execution thereof to be their free hand
J and deed as such officers, for the uses and purposes mentioned therein; that they
'i
, affixed thereto the official seal of said corporation; and that said instrument is the act
and deed of said corporation,
WITNESS my hand and official seal in the said State and County this 2md.- day
of July, 1996.
~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
...~':F:,:'f~... EVE EUBANKS
f:f' ^" "f.\ MY COMMISSION # CG276705 EXPIRES
~:,,~.:!j P,~ril 5, 1997 , _ '
'oJ:y;;; ...~....., BilH(,tO Tl1iIU TR'J, ~AI" Ill:ilJRAHCf ,N(;
"'If..,,1
ORB - 9375 pg 795
DOROTH\ . WILKEN, CLERK pR COt}NTY, FL
EXHIBIT "A"
PARCEL "A"
TWO PORTIONS OF RIGHT-OF-WAY in Section 6, Township 46 Section
6, Township 46 South, Range 43 East as recorded in Official Record Book
2308, Pages 157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and"B", being more particularly described as
follows:
Commencing at the Northeast corner of Summit Plat No. 1 as recorded in
Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida:
thence South 880 13'31" West along the North line of said Summit Plat No.
1 (Bearing Reference North Line of said Summit Plat NO.1 bears North 880
13'31" East according to the Plat thereof, and all other lines are Relative
thereto), said line also being the South line of Charter Drive North as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, a distance of 596.47 feet to the
Point of Beginning; thence South 430 13'31" West along the border of said
Summit Plat No.1, a distance of 70.71 feet, to a point hereinafter referred
to as Point "A"; thence departing said Plat, North 010 46'29" West, a
distance of 50.00 feet; thence North 880 13'31" East, a distance of 50.00
feet, to the Point of Beginning.
Containing 0.0287 Acres (1,250 square feet), more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
PARCEL "B"
Beginning at a point previously described as Point "A"; thence along the
border of said Summit Plat No.1, South 010 46'29" East, a distance of 50.62
feet; thence South 880 13'31" West, a distance of 37.96 feet; thance North
350 05'16" East, a distance of 63.28 feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet) more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
Description
For the Abandonment of Portions
of Right-of-Way in
Sec.6 TWP 46 S.. RGE 43 E.
Referred to as
Parcel~ "A" and "B"
ttES~:JiI PT I OlD..
Two portions of right-of-way in Spction 6, Township 46 South,
Range 43 East as recorded in Official Record Book 2308, Pages
1!j7-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and "B" being more particularly
des9ribed as follows:
PARCEL "A"
Commencing at the Northeast corner of Summit Plat No. 1 <'is
recorded in Plat Book 36, Page 49 of the Public Records of Palm
Beach County, Florida; thence South 88-13'31" West.. along t.he
North line of said Summit Plat No.1, (Bearing Reference North
Line of said Summit Plat No.1 bears North 88013'31" East
according to the Plat thereof, and all other lines are Relative
thereto), said line also being the Sout.h line of Charter Drive
Nort.h as recorded in Official Records Book 2308, Pages 157-159 of
the Public Records of Palm Beach County, Florida, a distance of
596.47 feet to the Point of Beginning; thence South 43013'31"
West along the border of said Summit Plat No.1, a flistance of
70.71 feet, to a point hereinafter referred to as Point "A";
thence departing said Plat, North 01-46'29" West., a distance of
50.00 feet; thence North 80-13'31" East, a distance of 50.00
feet, to the POINT OF BEGINNING.
Containing 0.0207 Acres (1,250 square feet), more or less.
Parcel "B"
Beginning at a point previously descrihed as point "A"; thence
along the border of said Summit Plat. No.1, South 01846'29" East.,
a distance of 50.62 feet: thence South 8001.1'31" West. a distance
of 37.96 feet; thence North 35.05' 16" East, a dist.ance of 63.28
feet to the Point of Beginning.
containing 0.0221 Acres (960 square feet), more or less.
CUNNINGHAM & DURRANCE Consulling Engineers. Ine,
. 'Bb'NG1f c;JVt' Rl( - iB-
1a nt! ,"if( ~ l:i//inlJ and ~na/0' n(7' I"-n(;.
.
w.o. rl ~fJ()O
Apri I 71. )Ilia
77- DO
LEGAL DESCRIPTION FOR ROAn/ORAINA~E
RIGHTS OF WAY TO BE ARANDO~EO I~
THE EAST ONE-HALF O~ $~CTIO~ 1
ALL OF THOSE CERTAIN 20 AND 25 FCOT RIGHT5-0F-\lAY AS OESCRIBED IN DEED BOOK
61. PAGE 290, PUBLIr. ~ECORDS. PALM BEACH COUNTY. FLORIOA; LYING IN THE EAST
ONE-HALF OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST. PALM BEACH COUNTY.
FLORIDA.
EXCEPTING THOSE RIGHTS-OF-WAY LYING IN THE NORTH 40 FEET AND THE SOUTH 110
FEET OF THE EAST ONE-HALF OF SAID SECTION 1; ALSO EXCEPTING THE 20 FOOT
RIGHT-OF-WAY LYING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF S.AIO SECTION 1.
CONTAINING: 14.4 ACRES: MORE OR LESS.
..
2300 P.-tV'" BEACII I.AKES lll. ~'[)...SL'ITE 209... WEST PAD.' BEACH. Fl. 13409...PH: (305) 689-2/1/
EXHIBrT "A". Parcel ~J
.
.
71-00
Legal Descripti0n
Ingress and Egress Easement
A parcel of land in Section 6, Township 46 South,
Range 43 East,. Palm Beach County, Florida, more
particularly descri~ed as follows: CDmmence at the
Northeast Corn$r of said Section 6, thence S. 88034'06"
w. along the North line of said Section 6 a distance
of 53.03 feet to the Westerly right-of-way line of
Congress Avenue; thence S. 00033'16" W. along the ~lester1y
right-of-way line of said Congress Avenue a distance of
785.17 feet; thence S. 88046'47" W. a distance of 1518.45
feet; thence S. 43046'47" W. a distance of 70.71 feet;
thence S. 01013'13" E. a distance of 245.00 feet to a
point of Curvature of a curve, curve Concave to the right
having as its elements a radius of 283.21 feet through a
central angle of 84030'00", along the arc a distance of
417.68 feet to a Point of Tangency; thence S. 83016'47"
W. a distance of 98.11 feet to the point of Beginning of the
Centerline of an Ingress and Egress Easement lying 25
feet on either side; thence S. 06043'13" E. a distance
~f 793.68 feet to a Point of Terrninatio~.
EXHIBIT "A", Parcel '2
- -
, '.
v
_...-___________u _ ~_~~.____.___^__ __ -,-.-....-----..-----...--.~<
1E1VCH~~ -
,n{l Ml-H:e/linfJ '<l/JuL ~nal'fl-nfl' inc.
.
W.O. No. 4900
April 21, 1978
I 7-0 1)
LEGAL DESCRIPTION FOR CIlARTER DRIVE NORTH
RIGHT OF WAY TO BE ABANDONED
, THAT PART OF THE RIGHT OF WAY FOR CHARTER DRIVE NORTH AS RECORDED IN OFFICIAL RE-
iDS BOOK 2308. PAGES 157 THROUGH 159, INCLUSIVE. PUBLIC RECORDS. PALM BEACH COUNTY,
)RIDA. LYING WITHIN 60 FEET EASTERLY AND SOUTHERLY OF. AS MEASURED AT RIGHT ANGLES
THE FOLLOWING SPECIFICALLY DESCRIBED LINE:
'~ENCING AT THE SOUTHWEST CORNER OF THE PLAT OF CHARTER WORLD. ACCORDING TO THE
\T THEREOF. AS RECORDED IN PLAT BOOK 31. PAGE 21. PUBLIC RECORDS, PALM BEACH COU~TY,
)RIDA; THENCE. NORTH 88013'31" EAST. ALONG THE SOUTH LINE OF SAID PLAT. A DISTANCE
1071.02 FEET TO A POINT IN THE WESTERLY RIGHT OF WAY lHIE OF SAID CHARTER DRIVE
nH; THENCE. SOUTH 01046'29" EAST. ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF
1.00 FEET FOR A POINT OF BEGINNING OF THE, SPECIFICALLY DESCRIBED LINE;
ENCE. CONTINUE S. 01046'29" EAST. ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF
3.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT. HAVING A RADIUS OF
3.21 FEET; THENCE. SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID RIGHT
WAY LINE. THROUGH A CENTRAL ANGLE OF 84030'00". A DISTANCE OF 329.19 FEET TO THE
INT OF TANGENCY; THENCE. SOUTH 82043'31" WEST. CONTINUING ALONG SAID RIGHT OF WAY
NE. A DISTANCE OF 590.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT.
VING A RADIUS OF 430.36 FEET; THENCE. SOUTHWESTERLY. ALONG SAID CURVE AND CONTINU-
G ALONG SAID RIGHT OF WAY LINE. THROUGH A CENTRAL ANGLE OF 43034'01", A DISTANCE OF
7.24 FEET TO THE POINT OF TANGENCY; THENCE, SOUTH 39009'30" WEST, CONTINUING ALONG
.10 RIGHT OF WAY LINE, A DISTANCE OF 849.79 FEET TO THE POINT OF CURVATURE OF A tURVE
I THE RIGHT. HAVING A RADIUS OF 444.82 FEET; THENCE. SOUTHWESTERLY, ALONG SAID CURVE
10 CONTINUING ALONG SAID RIGHT OF WAY LINE. THROUGH A CENTRAL ANGLE OF 49043'13". A
STANCE OF 386.01 FEET TO THE POINT OF TANGENCY, THENCE, SOUTH 88052'43- WEST, CON-
NUING ALONu SAID RIG~ OF'WAY LINE, A DISTANCE OF 310.00 FEET TO ,THE WESTERLY'
:RMINUS OF SAID CHARTER DRIVE NORTH AND THE END OF THE SPECIFICALLY DESCRIBEO LINE.
iNTAINING: 4.14 ACRES. MORt OR LESS.
) PALM BEACJlI.AKES BLYD...SUlTE 209... WEST PALM BEAC/l. FL 33409...PH: (305) 6B9.2111
EXHIBIT "A", Parcel 11
. -
., ~ . \t
Description
For the Abandonment of Portions
of Right-of-Way in
Sec.6 TWP ~6 5., RGE ~3 E.
Referred to as
Parcels "A" and "B"
OESeR! PT I Oli.;..
Two portions of right.-of-way in Bp.ction 6, Township 46 South,
Range ~3 East as recorded in Official Record Book 2308, Pages
157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and "B" being more particularly
des9ribed as follows:
PARCEL "A"
Commencing at the Northeast corner of Summit Plat. No. 1 as
racorded in Plat Book 36, Page 49 of the Public Records of Palm
Beach County, Florida; thence South 88-13'31" West. along t.he
North line of said Summit Plat No.1, (Bearing Reference North
Line of said Summit Plat No.1 bears North 88013'31" East
according to the Plat thereof. and all other lines are Relative
thereto), said line also being the South line of Charter Drive
North as recorded in Official Records Book 2308, Pages 157-159 of
the Public Records of Palm Beach County, Florida, a distance of
596.4.7 feet to the Point of Beginning; thence South 43e13'31"
West along the border of said Summit Plat No.1, a distance of
70.71 feet, to a point hereinafter referred to as Point "A";
thence dF:>parting said Plat, North 01.46'29" West" a distance of
50.00 feet; thence North 88-13'31" East, a distance of 50.00
feet, to the POINT OF BEGINNING.
Containing 0.0287 Acres (1,250 square feet), more or less.
Parcel "8"
Beginning at a point previously described as point "A"; thence
along the border of said Summit Plat No.1, South 01-4,6'29" East,
a distance of 50.62 feet: thence South 88e13'31" West. a distance
of 37.96 feet; thence Norf.:.h 35.05'16" East, a distance of 63.28
feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet), more or less.
CUNNINGHAM & DURRANCE Consulting Engineers. Inc.
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Description
For the Abandonment of Portions
of Right-of-Way in
Sec.6 TWP ~6 S., RGE ~3 E.
Referred to as
Parcels "A" and "B"
DESCRIPTION:
Tyro portions of right-of-way in Secti.on 6, Township 46 South,
Range 43 East as recorded in Official Record Book 230S, Pages
157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and "B" being more particularly
des9ribed as follows:
PARCEL "A"
C0mmencing at the Northeast corner of Summit Plat No. 1 as
recorded in Plat Book 36, Page ~9 of the Public Records of Palm
Beach County, Florida; t.hence South 8S-13'31" West, along the
North .1 ine of said Summit Plat No.1, (Bearing Reference Nort.h
Line of said Summit Plat No.1 bears North 88013'31" East
according to the Plat thereof, and all other lines are Relative
thereto), !laid line also being the South line of Charter Drive
North as recorded in Official Records Book 2308, Pages 157-159 of
the Public Records of Palm Beach County, Florida, a distance of
596.47 feet to the Point of Beginning; thence South ~3.13'31"
West along the border of said Summit Plat No.1, a distance of
70.71 feet, to a point hereinafter referred to as Point "A";
thence departing said Plat, North 01-46'2<)" West, a distance of
50.00 feet; thence North 8S-13'31" East, a distance of 50.00
feet, to the POINT OF BEGINNING.
Containing 0.0287 Acres (1,250 square feet), more or less.
Parcel "Bit
Beginning at a point previously described as point "A"; thence
along the border of said Summit Plat No.1, South 01846'29" East,
a distance of 50.62 feet: thence South 88013'31" West. a dist.ance
of 37.96 feet; thence North 35-05'16" East, a distance of 63.28
feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet), more or less.
CUNNINGHAM & DURRANCE Consulting Engineers. Inc.
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JUt - 9 1996 , i 1.
RESOLUTION NO, R96~,9
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING PARCELS "A" AND "B", WHICH ARE
PORTIONS OF THE CHARTER DRIVE NORTH
RIGHT-OF-WAY; SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID
ABANDONMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
() \
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WHEREAS, the applicant, Stuart Cunningham, agent for Hunters Run Golf and
Racquet Club, has requested abandonment of parcels "A" & "B", which are portions
of the Charter Drive North right-of-way;
WHEREAS, this matter came on before the City Commission on February 20,
1996, and was approved.
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 by and
through its City Commission does hereby abandon Parcels "A" and "B", which are
portions of the Charter Drive North right-of-way, described in Exhibit "A", reserving
unto the City of Boynton Beach a 12 foot wide easement dedicated over the existing
water main, and a 30 foot wide easement dedicated over the existing gravity sewer.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
: execute and deliver the attached Disclaimer and cause the same to be filed in the
Public Records of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this J? . day of July, 1996.
Commissioner
'.
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, ----
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....,
EXHIBIT "A"
PARCEL "A"
TWO PORTIONS OF RIGHT-OF-WAY in Section 6, Township 46 Section
6, Township 46 South, Range 43 East as recorded in Official Record Book
2308, Pages 157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and"B", being more particularly described as
follows:
Commencing at the Northeast corner of Summit Plat No. 1 as recorded in
Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida:
thence South 880 13'31" West along the North line of said Summit Plat No.
1 (Bearing Reference North Line of said Summit Plat NO.1 bears North 880
13'31" East according to the Plat thereof, and all other lines are Relative
thereto), said line also being the South line of Charter Drive North as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, a distance of 596.47 feet to the
Point of Beginning; thence South 430 13'31" West along the border of said
Summit Plat No.1, a distance of 70.71 feet, to a point hereinafter referred
to as Point "A"; thence departing said Plat, North 010 46'29" West, a
distance of 50.00 feet; thence North 880 13'31" East, a distance of 50.00
feet, to the Point of Beginning.
Containing 0.0287 Acres (1,250 square feet), more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
PARCEL "B"
Beginning at a point previously described as Point "A"; thence along the
border of said Summit Plat No.1, South 01046'29" East, a distance of 50.62
feet; thence South 880 13'31" West, a distance of 37.96 feet; thance North
350 05'16" East, a distance of 63.28 feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet) more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the State of Florida, does
hereby abandon and disclaim Parcels "A" and "B", which are portions of the Charter
Drive North right-of-way, situated and located in Palm Beach County, Florida, more
particularly described herein as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this c:<
day of July, 1996.
ATTEST:
~-;K;~~-t~/" /
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR
and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand
and deed as such officers, for the uses and purposes mentioned therein; that they
affixed thereto the official seal of said corporation; and that said instrument is the act
and deed of said corporation.
WITNESS my hand and official seal in the said State and County this r2md- day
of July, 1996.
OTARY PUBLIC, State of Florida
, My Commission Expires:
_.'~-:r.\:'r,*=.. EVE EUBANKS
:~~. ~"'~.\ MY COMMiSSION # CC276705 exPIRES
~:.~~.:~j A~rtl 5, 1997
v;,.....'d'$.'- 60NLED THHU TRO~ rAil. INSURANCE, IN(;
"'.,~r'I~;'"
,.,
.."
EXHIBIT "A"
PARCEL "A"
TWO PORTIONS OF RIGHT-OF-WAY in Section 6, Township 46 Section
6, Township 46 South, Range 43 East as recorded in Official Record Book
2308, Pages 157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and"B", being more particularly described as
follows:
Commencing at the Northeast corner of Summit Plat No. 1 as recorded in
Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida:
thence South 880 13'31" West along the North line of said Summit Plat No.
1 (Bearing Reference North Line of said Summit Plat NO.1 bears North 880
13'31" East according to the Plat thereof, and all other lines are Relative
thereto), said line also being the South line of Charter Drive North as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, a distance of 596.47 feet to the
Point of Beginning; thence South 430 13'31" West along the border of said
Summit Plat No.1, a distance of 70.71 feet, to a point hereinafter referred
to as Point "A"; thence departing said Plat, North 010 46'29" West, a. .
distance of 50.00 feet; thence North 880 13'31" East, a distance of 50.00
feet, to the Point of Beginning.
Containing 0.0287 Acres (1,250 square feet), more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
PARCEL "B"
Beginning at a point previously described as Point "A"; thence along the
border of said Summit Plat No.1, South 01046'29" East, a distance of 50.62
feet; thence South 880 13'31" West, a distance of 37.96 feet; thance North
350 05'16" East, a distance of 63.28 feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet) more or less.
Subject to all easements of record and subject to a 12 foot wide easement
dedicated over the existing water main, and a 30 foot wide easement dedicated over
the existing gravity sewer to the City of Boynton Beach.
J
JUN-26-1996 3:55pm 96-223026
ORB 9326 pg 1480
I ... _...._.._
Con 10.00 Doc .70
PREPARED BY:
JOSIAS & GOREN, P.A.
3099 E. Commercial Blvd.
Suite 200
Fort lauderdale, Fl33308
EASEMENT DEED
THIS EASEMENT DEED made this :)G,tJ., day of June, 1996, by and between CITY OF
BOYNTON BEACH, whose mailing address is 100 East Boynton Beach Blvd., Boynton
Beach, Florida 33435, party of the first part, and the BELLSOUTH
TELECOMMUNICATIONS, INC., party of the second part, whose mailing address is Room
501, 326 Fern Street, West Palm Beach, Florida 33401.
WITNESSETH:
That party of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS,
and other good and valuable consideration to himlher in hand paid, receipt of which is
hereby acknowledged, has granted, bargained and sold, and by these presents does
grant, bargain, sell and release unto the party of the second part, its successors and
assigns, an easement for the purpose of providing ingress and egress for the
maintenance and repair of all facilities within that parcel of land located in Palm Beach
County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if
recited at length.
Party of the first part does hereby specially warrant the title to said land and will defend
the same against the lawful claims of all persons whomsoever claiming by, through or
under it, that it has good right and lawful authority to grant the above described easement
and that the same is unencumbered. Where the context of this easement deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, party of the first part does hereby place his name and seal on
the date first above written.
ORB 9326 pg 1481
Signed, sealed and delivered
in the presence of:
~i9~
~a..s=. GOL-LJ€"v
(Witness Print Name)
Q~ f1JoA/~ ~11Y\{~VYv~
Witness Signature
~ YN~Y' l .(2 L~ I'V'Q. Vl VL q,
(Witness Print Name)
BY:
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing was acknowledged before me this ~tiaay of
1996 by GERALD TAYLOR, Mayor of the City of Boynton Beach. He is
to me 9() or has produced
identification and did (did not) take an o~~ mac~ :fii!~
Notary Public
(Name of Notary typed, printed or stamped)
Oeed,esm
Bell. South-Cha.-, Driw
8I25Ille
,..e"'-", ROSE MARIE LAMANNA
irA~ J6( COtIMSSION , CC302364 EXPIRES
: :A: : August 29. 1991
~~.....j! IIOlIlED TlIlU lllOV FAIlIISURAIlCE, IN;,
'9l,Rf~
ORB 9326 pg 1482
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
EXHIBIT "A"
PARCEL "A"
TWO PORTIONS OF RIGHT-OF-WAY in Section 6, Township 46 Section
6, Township 46 South, Range 43 East as recorded in Official Record Book
2308, Pages 157-159 of the Public Records of Palm Beach County, Florida,
referred to as Parcels "A" and"B", being more particularly described as
follows:
Commencing at the Northeast corner of Summit Plat No. 1 as recorded in
Plat Book 36, Page 49 of the Public Records of Palm Beach County, Florida:
thence South 880 13'31" West along the North line of said Summit Plat No.
1 (Bearing Reference North Line of said Summit Plat No. 1 bears North 880
13'31" East according to the Plat thereof, and all other lines are Relative
thereto), said line also being the South line of Charter Drive North as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, a distance of 596.47 feet to the
Point of Beginning; thence South 430 13'31" West along the border of said
Summit Plat No.1, a distance of 70.71 feet, to a point hereinafter referred
to as Point "A"; thence departing said Plat, North 010 46'29" West, a
distance of 50.00 feet; thence North 880 13'31" East, a distance of 50.00
feet, to the Point of Beginning.
Containing 0.0287 Acres (1,250 square feet), more or less.
PARCEL "B"
Beginning at a point previously described as Point "A"; thence along the
border of said Summit Plat No.1, South 010 46'29" East, a distance of 50.62
feet; thence South 880 13'31" West, a distance of 37.96 feet; thance North
350 05'16" East, a distance of 63.28 feet to the Point of Beginning.
Containing 0.0221 Acres (960 square feet) more or less.
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorne)T eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and Zoninq Department
PREPARED BY:
Gary Lanker
DATE PREPARED: December 28. 1995
BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of two portions of
Charter Drive North Riqht-Of-Way. known as "Parcel A & B".
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard Leqal Ad for City Commission meetinq of Tuesday. February
20. 1996. at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper. ad40ininq property owners.
applicant and Planninq and Zoninq Director.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVED BY:
~ " "i/
( 1 ) -~ A4--,Jt/l.A Q~;ULL'1 ::0..,,--
(Department HeadV'..... i/
Is:L~5
(2 )
( Da t e )
(City Attorney)
(3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
&.HunSumAlil.lgl
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL
COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday,
February 20, 1996 at 7:00 p.m., to consider an application
submitted by Stuart H. Cunningham, agent for Hunters Run Golf and
Racquet Club to abandon two portions of the Charter Drive North
Right-Of-Way in Section 6, Township 46 South, Range 43 East as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, referred to as Parcels "A"
and "B" being more particularly described as follows:
LEGAL DESCRIPTION:
PARCEL "A II
Commencing at the Northeast corner of Summit Plat No. 1 as
recorded in Plat Book 36, Page 49 of the Public Records of
Palm Beach County, Florida; thence South 88013'31" West, along
the North line of said Summit Plat No.1, (Bearing Reference
North Line of said Summit Plat No. 1 bears North 88013' 31"
East according to the Plat thereof, and all other lines are
Relative thereto), said line also being the South line of
Charter Drive North as recorded in Official Records Book 2308,
Pages 157-159 of the Public Records of Palm Beach County,
Florida, a distance of 596.47 feet to the POINT OF BEGINNING;
thence South 43013'31" West along the border of said Summit
Plat No.1, a distance of 70.71 feet to a point hereinafter
referred to as Point "A"; thence departing said Plat, North
01046'29" West, a distance of 50.00 feet; thence North
88013'31" East, a distance of 50.00 feet, to the POINT OF
BEGINNING.
Containing 0.0287 Acres (1,250 square feet), more of less.
PARCEL lIB"
Beginning at a point previously described as point "A"; thence
along the border of said Summit Plat No.1, South 01046'29"
East, a distance of 50.62 feet; thence South 88013'31" West,
a distance of 37.96 feet; thence North 35005'16" East, a
distance of 63.28 feet to the POINT OF BEGINNING.
Containing 0.0221 Acres (960 square feet), more of less.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the City Commission with respect to any
matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BIACH
S3ZANNE M. KRUSE
CITY CLERK
(407) 375-6062
a:HunSumAB,lgl
PLANNING AND
ZONING DEPT.
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL
COMMISSXOK CHAMS.aS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday,
February 20, 1996 at 7:00 p.m., to consider an application
submitted by Stuart H. Cunningham, agent for Hunters Run Property
Owners Association for abandonment of a portion of the Charter
Drive North Right-Of-Way in Section 6, Township 46 South, Range 43
East as recorded in Official Record Book 2308, Pages 157-159 of the
Public Records of Palm Beach County, Florida, referred to as Parcel
"c" being more particularly described as follows:
NOTICE OF PUBLIC HEARING
i I~ rn @ rn ~ Iff rn fnY
l1lJ )1\11 I q I":; ~
Q'
LEGAL DESCRIPTION:
Commencing at the Northeast corner of Summit Plat No. 1 as
recorded in Plat B00k 3r" Page 49 of the Public Records of
Palm Beach County, Florida; thence South 88013'31" West, along
the North line of said Summit Plat No.1, (Bearing Reference
North Line of said Summit Plat No. 1 bears North 88013' 31"
East according to the Plat thereof, and all other lines are
Relative thereto), said line also being the South line of
Charter Drive North as recorded in Official Records Book 2308,
Pages 157-159 of the Public Records of Palm Beach County,
Florida, a distance of 596.47 feet; thence South 43013'31"
West along the border of said Summit Plat No.1, a distance of
70.71 feet; thence continue along the border of said Summit
Plat No.1, South 01046'29" East, a distance of 50.62 feet to
point on the Northerly Right-Of-Way of Summit Drive as shown
on said Summit Plat No. 1 said Point being the Point of
Beginning; thence continue South 01046'29" East, a distance of
30.40 feet, thence South 88013'31" West, a distance of 60.00
feet; thence North 01046'29" West, a distance of 1.00 feet;
thence departing said Plat No.1, North 35005'16" East, a
distance of 36.74 feet; thence North 88013'31" East, a
distance of 37.96 feet to the Point of Beginning.
Containing 0.0344 Acres (1,500 square feet), more of less.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the City Commission with respect to any
matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
(407) 375-6062
a:HunSumCh.lgl
PUBLISH: THE POST
FEBRUARY 1, 1996
c: City Mgr, City Attny, City Commission, Planning; Files
NOTICE OP PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OP
BOYNTON BEACH, PLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL
COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday,
February 20, 1996 at 7:00 p.m., to consider an application
submitted by Stuart H. Cunningham, agent for Hunters Run Golf and
Racquet Club to abandon two portions of the Charter Drive North
Right-Of-Way in Section 6, Township 46 South, Range 43 East as
recorded in Official Record Book 2308, Pages 157-159 of the Public
Records of Palm Beach County, Florida, referred to as Parcels "A"
and "B" being more particularly described as follows:
LEGAL DESCRIPTION:
PARCEL "A"
Commencing at the Northeast corner of Summit Plat No. 1 as
recorded in Plat Book 36, Page 49 of the Public Records of
Palm Beach County, Florida; thence South 88013'31" West, along
the North line of said Summit Plat No.1, (Bearing Reference
North Line of said Summit Plat No.1 bears North 88013'31"
East according to the Plat thereof, and all other lines are
Relative thereto), said line also being the South line of
Charter Drive North as recorded in Official Records Book 2308,
Pages 157-159 of the Public Records of Palm Beach County,
Florida, a distance of 596.47 feet to the POINT OF BEGINNING;
thence South 43013'31" West along the border of said Summit
Plat No.1, a distance of 70.71 feet to a point hereinafter
referred to as Point "A"; thence departing said Plat, North
01046'29" West, a distance of 50.00 feet; thence North
88013'31" East, a distance of 50.00 feet, to the POINT OF
BEGINNING.
Containing 0.0287 Acres (1,250 square feet), more of less.
PARCEL "B"
Beginning at a point previously described as point "A"; thence
along the border of said Summit Plat No.1, South 01046'29"
East, a distance of 50.62 feet; thence South 88013'31" West,
a distance of 37.96 feet; thence North 35005'16" East, a
distance of 63.28 feet to the POINT OF BEGINNING.
Containing 0.0221 Acres (960 square feet), more of less.
All interested parties are notified to appear at said hearing in
person or by attorney and be heard. Any person who decides to
appeal any decision of the City Commission with respect to any
matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OP BOYNTON BEACH
SUZANNE M. KRUSE, CMC/AAE
CITY CLERK
(407) 375-6062
a:HunSumAB.lgl
PUBLISH: THE POST
FEBRUARY 1, 1996
c: City Mgr, City Attny, City Commission, Planning, Files
'rITLE SEARCH
Showing Ownership and Encumbrances
Continued Page 2
No.: 06-95-10511
ENCUMBRANCES
1. Easement and Restrictions as recited in Special Warranty Deed in O.R. Book 6175, Page
204, Public Records of Palm Beach County, Florida, excepting therefrom items F, J, K,
L, M and P.
2. Judgment in O.R. Book 7814, Page 1824, Public Records of Palm Beach County, Florida.
A 20-year name search has been perfor.med on parties acquiring an interest within the time
period covered by this search.
This Title Search is prepared and furnished for infor.mation only. It is not an opinion of
title and may not be used as a title base for the issuance of a title insurance
commitment and/or policy, nor should it be used for the preparation of foreclosure
proceedings or other litigation. Maximum liability for incorrect infor.mation is $1000
under Sec. 627.7843, F.S.
***** END OF DOCUMENT *****
,- .........,__,____--~--~-......._'_~._...._~_"ll'!";"~u................~~,-~ ..'.
.~.. 'v1:t~i~9 AlIG-Z8-t9B9 09:26a1l 89-2't"4~J7
~"1)/~ OP3 61 75 p~ 204
~ WAJll&AJIn.JlIBP
C,~~ B ~,~~RI< O..ocPB COONTY I Ft
Tal S INDDTtJRZ, ..de thia -LJ.'.!.t da3r of I'"'.<i- J./ . 1989, by And
between SUJDfI'l' ASSOCIATES. LTD. (the '~rantor"). a Florida
Iim! ted partnership, whose lI\&ilil1& alddren is 3500 Clubhouse
Lane, Boynton Beach, Florida 33436, and BUlf.rBRS BUN GOLF AND
RACQUE'l' CLUB, INC. (the "Grantee"), a Florida not-for-profit
corporation, whose ~iling address i. 3500 Clubhouse Lane.
Boynton Beach, Florida 33436.
WIT lIf E SSE T H:
'1'but Grantor, for &nd in consideraticln of the sum of Toen
and No/100 U.S. Dollars ($10.00) and one thousand five hundred
ninety-four (1.594) Club Membership certificates (pa~ value
$1.00) issued by Hunters Run Golf and Ractuet ~lub, Inc. to it
in hand paid by Grantee, the receipt whereof is hereby
acknowledged, has granted. bargained and sold to Grantee, its
successors and assigns forever, the following described real
estate, together with all tenements, heredi taments , and
appurtenances pertaining thereto situate, lying and being in
the County of Palm Beach, State of Florida, to-wit:
All those certain tracts and parc,els of land situated,
lyin~ and being in Palm Beach County, Florida in the
subdlvision known as HUNTER.S RUN del,cribed :Ln Exhibit A
attached hereto and incorporated herein (t:tte "Property").
TO HAVE AND TO HOLD the Property in feE! simple forever.
This conveyance is made subject to, and by acceptance of
this Deed, Grantee accepts this conv~yance subject to the
following:
(a) Applicable zoning and other :tegulatory laws and
ordinances and other impositions of gover~lental authorities;
(b) Taxes and assessments applicllble for the year of
conveyance and all subsequent years;
(c) All matters which would be dhlclosed by an accurate
survey and inspection oi the Property;
(d) The DeClaration of Restrictive
Conditions attached hereto as Exhibit B;
Covenants
and
(e) Restrictions, covenants, conditions and easements as
contained on the SUlDIl1i t Plat No.1, rec'::>rded in Plat Book 36.
page 48 through 51 inclusive. of the Public Records of Palm
Beach County, Florida;
(f) Restrictions. covenants, conditions and easements as
contained on the Plan of SUlDIl1i t Plan NCI. 2, recorded in Plat
Book 37, page 114, of the Public Records of Palm Beach County,
Florida.
(g) Restrictions, covenants and conclitions as contained in
the Notice of Restrictions dated June S, 1973 and recorded
September 6, 1973 in Official Record Book ~:210. page 573, of
the Public Records of Palm Beach County, :e'lor:lda; ~ '15 -/051..
(h) Restrictions, covenants and con~,i tions l!I.S contained in
the Declaration dated December 13. 1979 and recorded December
17, 1979 in Official Record Book 3195, p~lge llOO, of the Public
Records of Palm Beach County, Florida;
Prepared by and R~:
Marc I. Spencer, Esq.
Hillier, Wanless & Cherry. P.h.
1645 Palm Beach Lakes Blvd.
Suite 1100
West Palm Beach, FL 33401
ORB 6175?9 205
(i) Restrictions, covenants and cClndidons a. contained in
the Declaration cia'Ced Decemher 113, H,.,9 ...nd recorded December
17, 1979 in Official Record Book 3195, page 1107, of the Public
Records of Palm Beach County, Florida;
(j) Restrictions, covenants and conditions as contained in
the instrument dated AUgust 10, 1979 and recorded August 13,
1979 in Official Record Book 3116, page 214, of the Public
Records of Palm Beach County, Florida;
(k) Restrictior.s. cove"mants and conditions as contained in
tile instrUlllent dated August 10, 1979 and recorded August 13.
1979 in Official Record Book 31' ~. page 215, of the Public
Records of Palm Beach County, Florida;
(1) Restrictions, covenants and conditions as contained in
the instrUlllent dated August 10, 197~1 and recorded August 13,
1979 in Official Record Book 3116, page 216, of the Public
Records of Palm Beach County, Ylorida;
(m) Rest;;ictions, covenants and conditions as contained in
the instrument dated August 10, 19H and recorded August 13,
1979 in Official Record Book 3116, page 217. of the Public
Records of Palm Beach C')unty. Florid,!!.;
(n) Easement in favor of South Florida Public
Telecommunications, Inc. contained in instrument dated December
4, 1986 and recorded December 22. 1ge16 in Official Record Book
5114, page 1518. of the Publi c Recol:ds or Palm Beach C()Uiity,
Florida;
(0) Agreement by "and between Lak:e Worth Drainage District
and Summit Associates, Ltd., as contained in instrument dated
October 16. 1978 and recorded October 20, 1978 in Official
Record Book 2944, page 1528. of th4! Public Records of Palm
Beach Countr, Florida, for the PUIl,,:>se of providing High Level
of Canal Malntenance.
(p) Easement in favor of City of Boynton Beach contained
in instrument dated February 15, 1978 and recorded March 10,
1978 in Off icial Record Book 2823, page 1340. of the Public
Records of Palm Beach County, F10rid,l;
(q) Resolution 78-00, in favor (If City of Boynton Beach,
dated August 15, 1978 and recorded August 24, 1978 in Official
Record Book 2917, page 1597. of th.~ Public Records of Palm
Beach County. Florida;
(r) Easement in favor of City of Boynton Beach contained
in instrument dated May 17. 1974 aIld recorded May 22, 1974 in
Off icial Record Book 2308, page 160, of the Public Records of
palm Beach County, Florida;
(s) Easement in favor of City of Boynton Beach conti'lined
in instrument dated May 17, 1974 and recorded May 22, 1914 in
Official Record Book 2308, page 162, of the Public Records of
Palm Beach County. Florida; fJ..u- qS - loS"J'L.
(t) Any and all riparian and littoral rights;
..,
..
(u) All
conditions,
matters of
Property.
Grantee acknowledges that pursuant "to the master drainage
plans for the Hunters Run community as a whole and for each
residential pod, cOljlies of which drain,age plans are on file
wi th the South FlOrida Water Management District, portions Df
the Property provide sur':ace wate:r drainage, retention and
perCOlation for the HunteT:s Run community and the Pt'( ",erty is
hereby conveyed by Grantr..r, and accepted by Grantee, subject to
the right of all owners of property within the Hunters Run
other agreements. eal~ements , limi tations,
restrictions, reservations, covenants and other
record which may nO~7 or hereafter affect the
.. . ~. . ~'" ., "-". . . ..
__~_~:lt_~~~"'''.pf.:'!!~~:~
ORB 6175 P9 206
community to use the portions of the Property that provide such
drainage for drainage purposes. Grantee agrees for itself and
its 8ucceS80r8 and assigns to take no action which would
IIUltedally affect the r ighU of any Olmer of property wi thin
the Hunters Run community to use portions of the Property for
drainage purposes.
GRANTOR RESERVES to the 1llunters Run Property Owners
Association, ,Inc. ("HRPOA") and its successors and assigns a
perpetual, non-exclusive easement over, under, across and upon
any and all portions of the Property which are now or may
hereafter be used for golf course or open space purposes, which
ease.e~t shall be for the sole purpose of maintaining the
surface water IIUlJ1agement system, including without limitation
all of the drainage lakes and waterways on the Property and all
piping interconnecting the drainage lakes and waterways. If
HRPOA, its successors o~ assigns repair or replace any portion
of the surface water IIUlJ1ag8lllent system, such entity shall to
the extent possible give Grantee pric)r written notice of the
date of cOlllDlencement of such work and; shall complete the work
in an expeditious. efficient and workmanlike manner and pay all
costs of the repair or replacement, and upon completion thereof
shall restore thE! land previously useel for such purpose to its
former good condition. All such wor.k shall be performed in a
manner which minimizes interference with Grantee'S use of the
Property.
Grantee does hereby waive any ri.ght that it may now or
hereafter have to any claim for ~ldverse possession of any
properties adjacent to the Propert:\!'. or any claim for a
prescriptive easement upon any such adjacent properties,
arising from any encroachments (If the Property or any
improvements thereon upon any such adjacent properties.
BY ACCEPTANCE OF THIS DEED, Guntee acknowledges that
Grantor is continuing to develop arid market the following
sections of the Hunters Run c.olllDluni l:y: Essex according to the
Plat thereof as recorded in Plat Bo,ok: 60, Page 16 et seq. of
the Public Records of Palm Seach Gounty, Florida ("Essex");
Bristol according to the Plat thereof as recorded in Plat Book
60, Page 131 et seq. of the Public: Records of Palm Beach
County, Florida ("Bristol"); and Windsor acc()rding to the Plat
thereof as recorded in Plat Book 63', Page 11 et seq. of the
Public Records of Palm Beach Count:\!', Florida ("Windsor") and
nothing herein shall be construed to limit or restrict such
development and ,marketin;. Grantee agrees that it may be
necessary in connection WIth the development of these sections
to permIt Grantor access over and use of portions of the
Property to facilitate these develLopment activities. I~
conjunction with the development of E:ssex, Bristol and Windsor.
Grantor shall have the following ril~hts of access and '.tAP. of
the Property:
(a) bJI.ex. For a period endin.g April 30, 1990 Grantor
shall have the right to use the nort:b. s ide of hole number 1 on
the East Golf Course for construction access for vehicular
traffic and to remove any temporary utilities which have been
placed on the Property to facilitate construction activities at
Essex.
(b) Bristol. For a period ending July I, 1991 Grantor
shall have the right to use the nOl:thwest side of hole
number 18 on the North Golf Course ;!nd the east side of hole
number 9 on the North Golf Course for c.,nstruction access for
vehicular traffic.
(c) Winda2x. For a period ending November I, 199t Grantor
shall have the right to use the foll,:>winl~ portions of the golf
course for construction access for vehicular traffic:
(i) Southeast 3ide of nole 18 on the East Golf Course;
(ii) South side of Role 17 on the East Golf Course;
3
ORB 6175 pg 207
(Hi) West side of Bole 16 on the East Golf Course;
(iv) North side of Hole 15 on t:lle East Golf Course;
(v) Northwest side of Bole 14 on the East Golf Course;
(vi) East side of Hole 11 on the Eaat Golf Course; and
(vii ) Northeast side of Hole 10 on the East Golf Course;
Grantor shall also have the right to utilize portions of
the Property to complete the surface water management system
for the Windsor development.
All golf holes are depicted in the aketch attached c.ereto
and incorporated herein aa Exhibit C.
Grantor ahall be permitted to utilbe 'portions of the rough
areas on the golf holes adjacent to the Essex, Bristol and
Windsor developments to install landsca~ing for the benefit of
auch developments. All such 1andacap:lng ahal1 be installed
within twenty-five ~25) feet of the boundary line of the
development and after installation s:na1l be maintained by
Grantee at its expense. Grantee sh~lll have the right to
approve such landscaping, such approv~ll not to be unreasonably
withheld. Upon Grantee's prior writtl!D consent, Grantor shall
be permitted to take any other actions lrhich are rrasonable for
th~ aavalopment of Essex. Bristol anel Windsor. Grantee shall
not unreasonably withhold its approval of any such request by
Grantor. In connection with the exerc:be of its rights as set
forth in this paragraph. Grantor sha:Ll bear all costs and
expenses of restoring, replacing or rep~lirinr; landscaping, cart
paths, irrigation systems and any other eX1Sting improvements
on the Property damaged by the exercise of such rights by
Grantor. Grantor ehall restore the condition of the Property
to the condition immediately prececling ~he exercise of
Grantor I s rights, if possible, and to the ext,ent not poss ible
to a condition similar to the pre-ex:i,sting condition taking
into account the Grantor's development a,ctivity. All work done
by Grantor which affects the Property shall be completed in an
expeditious, efficient and workmanlikE! manner to minimize any
adverse effect on use of the Property by Grantee.
The covenants of Grantee contained herein shall be deemed
to be covenants running with the Prope!rty and shall be binding
upon Grantee and Grantee's successors and assigns, including
all successors in title to the Property.
The liability of Grantor, its Partners. successors and
assigns, under or with respect to this instrument, shall be
limited in accordance with the provisions of paragraph 36 of
that certain Club Facilities Exchange Agreement dated
August 14, 1989 by and between the parties hereto.
AND Grantor does hereby specia11yr.rarrant th!!l title to the
Property, and will defend the same agai.nst the lawful claims of
all persons claiming by, through or under Grantor, but against
no others.
4
IN WITNESS WHEREOF, Grantor has catlsed these presents to be
signed in its name on the day and year Urst above written.
Signed, Sealed and Delivered
in the Presence of:
SUMMIT ASSO<:IATES, LTD.,
a Floticla limited partnership
... By: Frankel Management. Inc..
./ Genc~ral Partner
..11....
. :' t..:~ .......
. .-
4
. '...,.........
~",_' ~h~~..."..!~
My ~OIIIiiBdoB~il'e8:
'Mv~~.~~.'..~
. ..........~.'
5
G-2090
, ' 8-18-89
- r ORB b17;~~ 1 ~~~. .
NC .....' .~...K~D SUR;"':" .,' 'liriG & MAPPIN<;. INC~,.~
MEMBER FLORIDA SOCIETY OFPROFESISIONAL lAND SURVEYORS "'
LEGAL DESCRIPTION OF HUNTERS. NUN CLUBHOUSE AND
GOLF COURSE PMlCIELS
,,,..~
~'
';iPAB,CELS OF LAND BEING ALL OF TRACTS 1 THROUGH 19, INCLUSIVE. AlID ALL OF TRACTS
.. ,1, .H, 11. AND Q, SUMMIT PLAT NO. 1, TOGETHIUit I"ITH TRACT 23, SUMMIT PLAT .NO. 2,
GET.HER WITH TRACT TEN. WIi;STGATE AT HUNT&:R I S RUN. ANI) TOGETHER WITH TRACT
NE..: JlRISTOL AT HUNTER'S RUN, ACCORDING TO THE PLATS THEREOF. AS RECORDED. IN
A,+ BOOK 36. PAGES 48 THROUGH 51, INCLUSI17E, ~D RECORDED IN PLAT BOOK 37,
GJ> 114.' AND RECORDED IN PLAT JlOOK 42, PA(m~S 22 THROUGH 24; AND IN PLAT BOOK
, PAGES 131 AND 132. RESPECTIVELY, PUEiLIC RECORDS, PALM BEACH COUNTY,
.ORIDA; EXCEPTING, HOWEVER, ALL THAT PART OF THE AFOREDESCRIBED TRACTS LYING
WITHIN THE BOUNDARIES OF THE FOLLOWING DES'ClUBED PLATS AND . CONDOMINIUMS AS
'RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
.!-
2.
3.
4.
5.
6.
7.
8.
;e 9.
',;;10.
'ii,11.
"....12.
f13.
:t,14.
".15.
';";16.
l~', 17;
,2); 18.
;; 19.
:r?:,
CONDOMINIUM NAME
Q.Jh!h
3195
3772
3611
4359
4029
4469
4656
4965
4965
5439
5439
5944
4131
3478
3317
3772
3399
4080
4676
SOUTHPORT
STRATFORD
WESTGATE
CAMBRIDGE II
CAMBRIDGE
NORTHW"OODS
VILLAS OF NORTHWOODS
NORTHWOODS ADDITION NO. 2
VILLAS OF BRENTWOOD
HAMPSHIRE
VILLAS OF HAMPSHIRE
ESSEX.
THE OAKS
THE WOODS
THE ESTATES
GLENS EAST
GLENS WEST
EASTGATE I
EASTGATE II
~
1124
1280
317
1041
1629
455
1
172
275
37
141
238
1368
1879
55
1280
1784
1653
319
PLAT NAME
REPLAT HOUSING TRACT "A", SUMMIT PLAT NO.1. .
REPLAT PORTIONS OF TRACT v 14" AND ROUSIN':; TallCT "M"
SUMMIT PLAT NO.1. . . . . . . . . . . . . -
REPLAT HOUSING:TRACT "Bl", SUMMIT PLAT NI). 1
PLAT OF STRATFORD PHASE II . . . . . .. .
REPLAT HOUSING TRACT "LV, SUMMIT PLAT NO.1.
PLAT BOOK fMiI.S.
37 80-82
38 174-176
39 164-165
39 166-167
40 116-117
. EXHIBIT A
4152 W. BLUE HERON BLVD.
SUITE 121 " RIVIERA BEACH, FL 33404
PHONE: 407/84802102
12165 W. FOREST lULL BLVD.
sumg 131' - WEST PALM BEACH. FL 33414
PHONE: 4Cr1f793.t234
FAX: 407/844-96:5'
25. WESTGATE AT HUNTER'S RUN; EXCEPTING TRACT TEN
26. THE GLENS WEST AT HUNTERS RUN
27 . THE GLENS EAST AT HUNTERS RUN
2a.CAMBRIDGE AT HUNTERS RUN
2,~. EAS'l'GATEAT HUNTERS RUN '. .
30. HOUSING TRACT MK" AT HUNTERS RUN
31. POD D THROUGH 1 AT HUNTERS RUN
32. NORTHwOODS AT HUNTERS RUN. . . .
33. NORTHWOODS AT HUNTERS RUN ADDITION NO. 1.
34. VILLAS OF NORTIDtOOD AT HUNTERS RUN
35. TRACT F THROUGH 1 AT HUNTERS RUN
36. TRACT F THROUGH 2 AT HUNTERS RUN
37. TRACT MGM AT HUNTERS RUN
38. ESSEX AT HUNTERS RUN
39. BRISTOL AT HUNTERS RUN; EXCEPTING TRACT ~INE
40. SUTTON PLACE AT HUNTERS RUN
41. WINDSOR AT HUNTERS RUN
42 . PROPOSED PLAT OF REPLAT OF PORTIONS OF 'I'RACTS
14 & .5 SUMMIT PLAT NO.1:
43. PROPOSED PLAT OF REPLAT OF PORTIONS Ol~ ,!'RACTS
I, 2 & A SUMMIT PLAT NO. 1
G2090
8-18-89
DJC
Page 2 of 9
ORB 61 75 pg 21- 0
42 22-24
'42 199-200
43 95-96
45 115-116
46 9-11
46 15-16
47 30-31
48 66-67
49 192-193
50 77-78
52 90-91
52 92-93
55 187-190
60 16-17
60 131-132
60 133-134
63 11-12
(DESCRIBED HEREAFTER)
(DESCRIBED HEREAFTER)
PROPOSED PLAT OF REPLAT OF PORTIONS OF TRAC'fS 14 & 15 SUMMIT PLAT NO. 1 IS
DESCRIBED AS FOLLOWS,
PARCEL 1,
A PARCEL OF LAND BEING A PART OF TRACT "14", SUMMIT PLAT NO.1. ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLj~T BOOK 36, PAGES 48 THROUGH 51,
INCLUSIVE" PUBLIC RECORDS. PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASl'ERL Y CORNER OF ~rRACT .. L" OF SAID PLAT, THENCE THE
FOLLOWING COURSES ALONG THE COMMON LINE OF SAID TRACTS "L" AND "14";
THENCE, NORTH 10.20'00" WEST. A DISTANCE OF' 117.89 FEET; THENCE. NORTH
62.20'OOM WEST, A DISTANCE OF 158.94 FEE'I'; THENCE. NORTH 13.20'00" WEST, A
DISTANCE OF 473.78 FEET; THENCE. NORTH 73"00'OOM WEST, A DISTANCE OF 205.86
FEET; THENCE, SOUTH 57000'00" WEST, A f)ISTJINCE OF 780.55 FEET; THENCE,
NORTH 61.20' 00" WEST, A DISTANCE OF 221). 16 FEET TO A POINT ON A CURVE
CONCAVE SOUTHEASTERLY, HAVING' A RADIUS (IF In 1. 00 FEET; AND WHOSE RADIUS
POINT BEARS SOUTH 55.14' 10" EAST; THENCE DEPARTING SAID LINE. THENCE,
NORTHEASTF.RLY ALONG SAID CURVE, AND ALOIiG THE COMMON LINE OF SAID TRACT
"14M AND MX" OF SAID PLAT, THROUGH A CENTHAL }lINGLE OF 02.31'29", A DISTANCE
OF 56.00 FEET TO THE END OF SAID CURVE; THE:NCE, SOUTH 54.47'48" EAST. A
DISTANCE OF 135.72 FEET; THENCE. SOUTH 60.12'38" EAST, A DISTANCE OF 60.00
FEET; THENCE, NORTH 80.46'10" El\ST. A DIS:rANCF. OF 26.00 FEET; THENCE. NORTH
59.47'02M EAST, A DISTANCE OF ~3,63 FEET; THiNCE, NORTH 35.36'09" EAST, A
4152 W. BWE HERON BLVD.
SUITE 111 - RIVIERA BEACH. Ji'L 33404
PHONE: 4071848-1101
12765 W. FORFSr HILL BLVD.
SVll'I'E 1316 " WEST PALM BEACH, FL 33414
PHONE: 4011'79).9234
FAX: 407I844-t659
G2090
8-18-89
D.1C
Page 3 of 9
ORB 6175 pg 211
DISTANCE OF 49.00 FEET: THENCE. NORTH 32028'36" EAST. A DISTANCE OF 66.08
FEEX; THENCE, NORTH 69001'10" EAST, A DISTANCE OF 151.29 FEET: THENCE.
NORTH 53.27'11" EAST, A DISTANCE OF 83.72 FEET; THENCE. NORTH 62020'50"
EASX, A DISTANCE OF 128.43 FEET; THENC:E, NORTH 54.25'43" EAST. A DISTANCE
OF 102.30 FEET: TaENCE, NORTH 59.31'4-\" EAST. A D.ISTANCE OF 31.30 FEET;
THENCE, NORTH 71" 4 3' 30" EAST, A DISTANCE OF 109.37 FEET; THENCE. NORTH
75"21'54" EAST, A DISTANCE OF 12.69 FE:ET; THENCE, SOUTH 76051'04" EAST, A
DISTANCE OF 32.74 FEET; THENCE, SOUTH 88.43'12" EAST, A DISTANCE OF 29.45
FEET; THENCE. SOUTH 68043'52" EAST, A DISTANCE OF 45.77 FEET; THENCE. SOUTH
53.22'55" EAST, A DISTANCE OF 18.55 FEg'!': THENCE, SOUTH 57050'42" EAST, A
DISTANCE OF 50.47 FEET; THENCE, SOUTH 59,011'18" EAST, A DISTANCE OF 30.84
FEET; THENCE, SOUTH 39023'58" EAST. A DISTANCE OF' 34:24 FEET; THENCE. SOUTH
18.57'50" EAST. A DISTANCE OF 38.03 FEET: THENCE. SOUTH 19026'13" EAST, A"
DISTANCE OF 34.19 FEET; THENCE, SOUTH 72:.17'20" EAST, A DISTANCE OF 32.38
FEET; THENCE. SOUTH 27057'01" WEST, A DISTANCE. OP27.26 FEET; THENCE, SOUTH
08044'45u WEST. A DISTANCE OF 28.77 FEE~'; THENCE, SOUTH 06055'39" EAST. A
DISTANCE OF 65.94 FEET; THENCE, SOUTH 11."45'45" EAST, ]I, DISTANCE OF 89.03
FEET; THENCE. SOUTH 32003'06" FAST, A DISTANCE OF 36.69 FEET; THENCE, SOUTH
08008'26" EAST, A DISTANCE OF 51.41 FEg~'; THENCE, SOUTH 26040'45" EAST, A
DISTANCE OF 36.63 FEET; THENCE, SOUTH 45016'13" EAST. A DISTANCE OF 40.58
FEET; THENCE, SOUTH 52009'29" EAST, A DISTANCE OF 23.51 FEET; THENCE, SOUTH
65.14'50" EAST. A DISTANCE OF 81.62 FEE~:: THENCE, SOUTH 80'13'59" EAST. A
DISTANCE OF 38.66 FEET I THENCE, SOUTH 1.1011'12" WEST, A DISTANCE OF 144.32
FEET; TO THE POlNTOF BEGINNING. .
PARCEL 2:
A PARCEL OF LAND BEING A PART OF TRACT "14", SUMMIT PLAT NO.1, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGES 48 THROUGH 51,
INCLUSIVE. PUBLIC' RECORDS, PALM BEACH COUNTY. FLORIDA. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
<.
.'
"
.,
BEGINNING AT THE MOST EASTERLY CORNER OF TRACT "L" OF SAID PLAT; THENCE,
SOUTH 71030' 00" WEST, ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF
369.99 FEET; THENCE, NORTH 71040'00" WEST, ALONG SAID LINE, A DISTANCE OF.I...,.........;...
111.63 FEET; . THENCE. SOUTH 65.50'00" WEST, ALONG SAID LINE, A DISTANCE OF ,
110.35 FEET; THENCE, SOUTH 73041'08" EAST, A DISTANCE OF 14.49 FEET;
THENCE, NORTH 86050'49" EAST, A DIST.f'.NCE OF 70.26 FEET; THENCE, SOUTH
86049'28" EAST, A DISTANCE OF 105.05 FUET; THENCE, NORTH 87054'09" EAST, A
DISTANCE OF 36.18 FEET; THENCE, NORTH 76004'18" EAST. A DISTANCE OF 63.91
FEET; THENCE, NORTH 67027'07" EAST. A DIST~.CE OF 32.77 FEET: THENCE, NORTH
70038'07" EAST, A DISTANCE OF 87.33 FEET; THENCE, NORTH 73037'20" EAST, A
DISTANCE OF 64.71 FEET; THENCE. NORTH 64.19'48" EAST, A DISTANCE OF 40.50
FEET; THENCE, NORTH6.!i.~.27'IS.. EAST, A DISTANCE OF 69.17 FEET; THENCE, NORTH
19.51'27" WEST, A DISTANCE OF 12.58 FEET TO THE POINT OF BEGINNING.
4152 W. BLUE BERON BLVD.
surrE 121 . RIVIERA BEACH, FL 33404
PHONE: 4O'71S48-2102
U76S W. FOREST HU..L WlLVD.
;SUITE 1316 " WEST PALM BEACH, FL 33414
PHONE: 407f793..m4
FAX: 4071844-9659
G2090
8-18-89
DJ'C
Page 4 of 9
ORe. 6175 Pc:! 212
PARCEL 3:
A PARCEL OF LAND BEING A PART OF TRACT "14", SUMMIT PLAT 1)10. 1, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGES 48 THROUGH 51,
INCtUSIVE, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF TRACTS:'L", "14", AND LAKE WORTH DRAINAGE
DISTRICT LATERAL CANAL L"29 RIGHT OF WAY OF SAID PLAT; THENCE, SOUTH
88040'00" WEST, ALONG THE SOUTH LINE OF SAID TRACT "L", A DISTANCE OF 11.89
FEET TO THE.POINT OF BEGINNING;
THENCE, CONTINUE SOUTH 88040 I 00" EAST, ALONG SAID LINE, A DISTANCE OF
181.06 FEET; THENCE, NORTH 61000'00" EJi.s~r, ALONG SAID LINE, A DISTANCE OF
263.98 FEET; THENCE, NORTH 28050'00" ElIS:r, ALONG SAID LINE, A DISTANCE OF
81.01 FEET; THENCE, NORTH 65"50'00" EAI;T, ALONG SAID LINE, A DISTANCE OF
100.45 FEET; THENCE, SOUTH 12033'39" WEST, A DISTANCE OF 40.55 FEET;
THENCE, SOUTH 48033'31" WEST,' A DISTJ\.NCE OF 57.56 FEET; THENCE, SOUTH
63055'48" WEST, A DISTANCE OF 15.17 FEE:T; THENCE, SOUTH 49043'38" WEST, A
DISTANCE OF 20.51 FEET; THENCE, SOUTH 42'02'59" WEST, A, DISTANCE OF 13.14
FEET; THENCE, SOUTH 57013'26" WEST, A DIS'~ANCE OF' 89.60 FEET; THENCE, SOUTH
63021'31" WEST, A DISTANCE OF 41.42 FEE:T; THENCE, SOUTH 73017'59" WEST, A
DISTANCE OF 58.45 FEET; THENCE, SOUTH 5,4"22'49" WEST, A DISTANCE OF 48.17
FEET: THENCE. SOUTH 84003'58- WEST, A DISTANCE OF 38.91 FEET: THENCE, SOUTH
70028'30" WEST, A DISTANCE OF 29.2.3 FEET; THENCE, SOUTH 83000'44" WEST, A
DISTANC.E OF 60.09 FEET; THENCE, NORTH 88" 59' 11" WEST, A DISTANCE OF 40.72
FEET; THENCE, NORTH 82024'21" WEST, A DISTANCE OF 54.97 FEET; THENCE. NORTH
65016'30" WEST, A DISTANCE OF 26.83 FEET; THENCE, NORTH 46054'25" WEST, A
DISTANCE OF 15.38 FEET; TO THE POINT OF BEGINNING.
PARCEL 4.
A PARCEL OF LAND BEING A PART OF TRACT "15", SUMMIf PLAT NO.1, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN P:LAT BOOK 36, PAGES 48 THROUGH 51,
INCLUSIVE. PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE MOST WESTERLY CORNER (IF TFlACT "L- OF SAID PLAT; THENCE,
SOUTH 61"20'00. EAST, ALONG THE WESTERLY LINI~ OF SAID TRACT "L", A DISTANCE
OF 94.38 FEET: THENCE, SOUTH-05000'00" E,~T, ALONG SAID LINE. A DISTANCE OF
390.43 FEET; THENCE, SOUTH 85000'00" WESt', A DISTANCE OF 41.50 FEET; -~
THENCE, NORTH 27"49'49" EAST, A DISTAIiCE OF 45.23 FEET; THENCE, NORTH
05021'55- EAST, A DISTANCE OF 18.88 FEEr; THENCE, NORTH 08019'47" WEST, A
DISTANCE OF 61.88 FEET; THENCE, NORTH 03035'05" WEST, A DISTANCE OF 12.80
FEET; THENCE. NORTH 11021' 18. WEST, A DISTANCE OF 212. 40 FEET; THENCE.
NORTH 18047'33" WEST, A DISTANCE OF 37.79 FEET: THENCE, NORTH 29035'03-
WEST, A DISTANCE OF 26.32 FEET; THENCE. NORTH 49026'52" WEST, A DISTANCE OF
33.08 FEET; TO A POINT ON A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF
4152 W. BLUE HERON BLVD.
SUITE UI - .RIVIERA BEACH, FL 33404
PHONE: 407/848-2102
1Z765 W. FOREST lULL BLVD.
SUITE 1316 . WEST PALM BEACH. FL 33414
PHONE: 407J19MJ234
FAX: 407/8441-9659
.
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G2090
8-18-89
DJC
Page 5 of 9
ORB 6175 P9 213
J~
1271.00 FEET; AND WHOSE RADIUS POINT BE!,RS SOUTH 67057'03" EAST; THENCE,
NORTHERLY ALONG SAID CURVE, AND ALONG Tt-1E COMMON LINE OF TRACTS 'X. AND
. 15. OF SAID PLAT, THROUGH A CENTRAL ANGLE OF 00.31' 13"; A DISTANCE OF
11.54 FEET TO THE POINT OF BEGINNING.
CONTAINING: 2.5665 ACRES MORE OR LESS.
'f
~
,
. ,
PROPOSED PLAT OF REPLAT OF PORTIONS OF TI~CTS 1, 2 & A SUMMIT PLAT NO.. 1 IS
DESCRIBED AS FOLLOWS:
PARCELS OF LAND LYING IN SECrrON 6. TOWNSIHIP 46 SOUTH. RANGE 43 EAST, PALM
BEACH COUNTY. FLORIDA, AND BEING A REPLA'r OF PORTIONS OF TRACTS "1" AND "2"
OF SUMMIT PLAT NO.1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 36, PAGES 48 THROUGH 51, INCLUSIVE, PUBLIC RECORDS, PALM BEACH COUNTY,
FLORIDA; ALSO BEING A REPLAT OF PORTle'N:> OF TRACTS TWO AND FIVE REPLAT
HOUSING TRACT "A.. SUMMIT PLAT NO.1, ACCORDING TO THE PLAT THEREOF. AS
RECORDED IN PLAT BOOK 37. Ii'AGES 80 THROUGH 82, INCLUSIVE, PUBLIC RECORDS,
pALM BEACH COUNTY, FLORIDA; SAID PARCELS OF LAND 1 THROUGH 7, I~CLUSIVE,
BEING MORE PARTICULARLY DESCRIBED AS FOL:WWS:
4lS.Z W. BWE HERON BLVD.
SUITE 121 . RIVIERA BEACH. FL 33404
PHONE: 40'1/848-2102
(PARCEL 1) A PARCEL OF LAND BEING A PART OF TRACT "1", SUMMIT PLAT NO. I,
ACCORDING TO THE PLAT THEREOF, AS RECOIWED IN PLAT BOOK 36, PAGES 48
THROUGH 51, INCLUSIVE. PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA; . SAID
P~CEL OF LAND BEING MORE PARTICULARLY DI~SCRIBED ,AS FOLLOWS:
,
BEGINNING AT THE SOUTHEAST CORNER OF THE PLAT OF REPLAT OF HOUSING TRACT
"A", SUMMIT PLAT NO. I, ACCORDING TO THE: PLAT THEREOF. AS RECORDED IN PLAT
BOOK 37, PAGES 80 THROUGH 82, INCLUSXVE, PUBLIC RECORDS, PALM BEACH COUN~Y,
FLORIDA; THENCE, SOUTH 89.50'00" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID
PLAT, A DISTANCE, OF 248.00 FEET; THENCE. NORTH 20.40'00" WEST. CONTINUING
ALONG .SAID BOUNDARY, A DISTANCE OF 170.00 FEET; THENCE, NORTH 53.00'00"
WEST, CONTINUING ALONG SAID BOUNDARY, A DISTANCE OF 108.00 FEET; THENCE,
SOUTH 89050'00" WES:r, CONTINUING ALONG SAID BOUNDARY, A DISTANCE OF 945.00
FEET; THENCE, SOUTH 73.30'00. WEST, CONTINUING ALONG SAID BOUNDARY A
DISTANCE OF 535.70 FEET; THENCE, NORTH 81.40'00" WEST, CONTINUING ALONG
SAID BOUNDARY, A DISTANCE OF 95.31 FEI~T; 'rHE1,~E. NORTH 19040'00" WEST,
CONTINUING ALONG SAID BOUNDARY, A DISTll.NCE OF 547.39 FEET i THENCE, NORTH
08.30'00" WEST. CONTINUING ALONG SAID BOUNDARY, A DISTANCE OF 675.52 FEET;
TO A POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2179.63 FEET;
AND WHOSE RADIUS POINT BEARS SOUTH '00.36'09" EAST; THENCE, WESTERLY,
DEPARTING SAID BOUNDARY LINE, ALONG SAID CURVE AND ALONG THE NORTHERLY
BOUNDARY OF SAID TRACT " 1". THROUGH 1\ CENTRAL ANGLE OF 0 1 · 0 1 ' 4 0., A
DISTANCE OF 39.10 FEET TO THE END OF SlLID CORVE; THENCE, SOUTH 0"5.09'478
EAST, DEPARTING SAID NORTHERLY BOUNDARY LINE A DISTANCE OF 259.80 FEET;
THENCE, SOUTH 10.26'19" WEST, A DISTAlIC! OF 53.38 FEET; THENCE. SOUTH
08.44'18" EAST, A DISTANCE OF 57.70 FEE':~; THENCE, SOUTH 15.12'13" EAST, A
DISTANCE OF 43.06 FEET; THENCE, SOUTH 26.31'33" EAST, A DISTANCE OF 108.01
12165 W. FOREST HILL BLVD.
StJrrE 1316 . WESI' PALM BEACH. FL 33414
PHONE: 4071'793-9234
FAX: 40'7/84409659
C2090
8-1S-89
'DJC
Page 6 of 9
ORB 6175 P9 2'14
FEET; THENCE. SOUTH 11 .26' 13" EAST. A O:l STANCE OF 41 0 . 88 FEET; THENCE,
SOUTH 02.18'44" WEST. A DISTANCE OF 103.72 FEET; THENCE. SOUTH 07.10'22"
WEST," 'A DISTANCE OF 60.23 FEET; THENCE. SOIiJTH 16.37'48" EAST. A DISTANCE OF
55.07 FEET; THENCE, SOUTH 56. 27' 18" EAST. A DISTANCE OF 107.96 FEET;
THENCE. SOUTH 70. 2 0 ' 29" EAST, A DISTAJlICE OF 76. 74 FEET: THENCE,' SOUTH
79039'52". EAST, A DISTANCE OF 38.55 FEE~:; THENCE, SOUTH 89.59'53" EAST, A
DISTANCE OF 109.33 FEET; THENCE, NORTH 82.02'45" EAST, A DISTANCE OF 55.84
FEET; THENCE, NORTH 59.24'42" EAST. A DISTANCE OF 17.39 FEET; THENCE,
SOUTH 88018'22" EAST, A DISTANCE OF 47.77 FEET; THENCE, NORTH 82.011'42"
EAST. A DISTANCE OF 52.11 FEET; THENCE, N01~TH 88.27'26" EAST, A DISTANCE OF
28.98 FEET ; THENCE, NORTH 01.04' 44" EAST, J\. DISTANCE OF 31. 61 FEET: THENCE,
NORTH 49002'39" EAST, A DISTANCE OF 45.92 FEET; THENCE. NORTH 74029'25"
EAST, A DISTANCE OF 44.09 FEET:" THENCE, NIOJ~TH 68004'58" EAST, A DISTANCE OF
53.83 FEET; "THENCE, NORTH 62052'46" EAST, j\, DISTANCE OF 50.75 FEET; THENCE,
SOUTH 85.47'20" EAST. A DISTANCE OF 50.08 FEET; THENCE, NORTH 86.08'23"
EAST, A DISTANCE OF 114.61 FEET; THENCE. NORTH 88015'49" EAST, A DISTANCE
OF 133.13 FEET; THENCE, SOUTH 89~38'13. E:AST, A DISTANCE OF 104.10 FEET;
THENCE. SOUTH 86019'29" EAST, A DISTANCE OF 114.93 FEET; THENCE. NORTH
88.25'03" EAST, A DISTANCE OF 115.49 FEE~l'; THENCE, SOUTH 88.05'54" EAST, A
DISTANCE OF 55.80 FEET; THENCE. SOUTH 8:::.'~1'36" EAST, A DISTANCE OF 55.93
FEET; THENCE, NORTH 80052'34" EAST, A DISTJ~NCE OF 63.18 FEET; THENCE, SOUTH
83.13'30" EAST. A DISTANCE OF 59.35 FEE'!'; THENCE. SOUTH 75.53'26" EAST. A
DISTANCE OF 132.77 FEET; THENCE" SOUTH 80015'40" EAST, A DISTANCE OF 68.39
FEET; THENCE, SOUTH 61.31'48" EAST. A DISTANCE OF 57.08 FEET; THENCE,
SOUTH 16031'59" EAST. A DISTANCE OF 165.34 FEET TO THE SOUTH BOUNDARY OF
SAID TRACT "1"; THENCE. NORTH 89045'05" l~ST, ALONG SAID SOUTH BOUNDARY, A
DISTANCE OF 181.03 FEET; THENCE, NORTH 7S.47'35" EAST DEPARTING SAID SOUTH
BOUNDARY, A DISTANCE OF 21.07 FEET; THENCE, NORTH 44.22'24" EAST. A
DISTANCE OF 44.03 FEET; THENCE, NORTH 69026'03" EAST, A DISTANCE OF 13.37
FEET; THENCE, NORTH 86028'14" EAST, A DISTANCE OF 30.24 FEET; THENCE. NORTH
89045'11" EAST, A DISTANCE OF 28.67 FEET; THENCE, NORTH 01025'52" EAST. A
DISTANCE OF 14.62. FEET; THENCE, NO~TH 07043'28" WEST, A DISTANCE OF 20.18
FEET'- THENCE., NORTH 14052'33" EAST, A DISTANCE OF 120.27 FEET; THENCE,
NORTH 19.44'34" EAST, A DISTANCE OF 126.22 FEET; THENCE, NORTH 21041'59"
EAST, A DISTANCE OF 97.08 FEET; THENCE, NORTH 79008'01" WEST, A DISTANCE OF
34.18 FEET TO THE EAST BOUNDARY LINE OF SAID REPLAT OF HOUSING TRACT "A";
THENCE. SOUTH 17.10'00" WEST ALONG SAID EAST BOUNDARY LINE, A DISTANCE OF
382.50 FEET TO THE POINT OF BEGINNING.
(PARCEL 2) A PARCEL OF LAND BEING A PART OF TRACT FIVE, REPLAT HOUSING
TRACT "A". SUMMIT PLAT NO.1 ACCORDING TO THE: PLAT THEREOF AS RECORDED IN
PLAT BOOK 37, PAGE 80, THROUGH 82, INCLIJSIVJ~, PUBLIC RECORDS. PALM BEACH
COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE LIFT STATION SITE, AS SHOWN ON
SAID PLAT I THENCE, SOUTH 70.43' 47" EAST. A DISTANCE OF 1. 12 FEET TO THE
POINT OF BEGINNING;
415Z W. BLUE HERON BLVD.
SVlTE 121 . RIVIERA BEACH, FL 33404
PHONE: 4071848-1101
12765 W. FOREST HILL BLVD.
SUITE 1316 - WEST PALM BEACH. FL 33414
PHONE: 407n93-!W4
FAX: 407/1J44.t65~
I
.~
G2090
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Page 7 of
ORB 6175 p", 215
SAID POINT ALSO BEING A POINT ON A CURVE. CONCAVE NORTHEASTERLY. HAVING A
RADIUS OF 1703.24 FEET, AND WHOSE RADIUS pmNT BEARS NORTH 19015'05" EAST;
THENCE, SOUTHEASTERLY ALONG SAID CURVE ANn THE NORTH BOUNDARY LINE OF SAID
, PLAT, THROUGH A CENTRAL ANGLE OF 01047' 31"" A 01 STANCE OF 5 3 . 2 7 FEET TO THE
.END OF SAID CURVE; THENCE, SOUTH 28012'1::1" WEST. ALONG THE EAST BOUNDARY
LINE OF SAID TRACT FIVE, A DISTANCE OF 34.9,1 FEET; THENCE. SOUTH 16008'00"
WEST, CONTINUING ALONG THE 'EAST BOUNDA~~Y LINE OF SAID TRACT FIVE, A
DISTANCE OF 51.30 FEET TO THE POINT OF CU.RV'ATURE OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 103. 45 FEET; THENCE. SOUTHERLY ALONG SAID CURVE AND
ALONG THE EAST BOUNDARY LINE OF SAID TRACT FIVE. THROUGH A CENTRAL ANGLE OF
13030'21", A DISTANCE OF 24.39 FEET TO THE END OF SAID CURVE; THENCE, NORTH
73052"00" WEST, DEPARTING SAID EAST BOUNJ>ARY LINE, A DISTANCE OF 132.14
FEET; THENCE, NORTH 16008'00" EAST. A DISTANCE OF 106.52 FEET TO THE NORTH
BOUNDARY LINE OF SAID PLAT. AND A POINT 01\1 l\. CURVE. CONCAVE NORTHEASTERLY,
.HAVING A RADIUS OF 1703.24" FEET, AND l~HOSE RADIUS POINT BEARS NORTH
210 11' 09" EAST; THENCE . SOUTHEASTERLY ALOl'lG THE NORTH BOUNDARY LINE OF
SAID PLAT', AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00.55' 25". A
DISTANCE OF 2 7 . 4 6 FEE'!' TO THE END OF SAIIl CURVE;. THENCE. SOUTH 23044' 42"
WEST. DEPARTING SAID NORTH ,BOUNDARY LINE. J. DISTANCE OF '-0.47 FEET; THENCE.
SOUTH 65036'00" EAST, A DISTANCE OF 29.77 FEET; THENCE. NORTH 24014'34"
EAST. A DISTANCE OF 22.90 FEET TO THE POINT OF BEGINNING.
(PARCEL 3) A PARCEL OF LAND BEING A PART OF TRACT "2". SUMMIT PLAT NO: 1.
ACCORDING TO THE PLAT THEREOF AS RECORDED, IN PLAT BOOK 36. PAGES 48,
THROUGH 51. INCLUSIVE, PUBLIC RECORDS. PALM BEACH COUNTY. FLORIDA, SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESC:RIBEn AS FOLLOWS;
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT "2"; THENCE. NORTH
28020'00" EAST. ALONG THE EASTERLY BOUNI:'ARY LINE OF SAID TRACT "r. A
DISTANCE OF 40.00 FEET; THENCE. SOUTH 80051'02" WEST. DEPARTING SAID
EASTERLY BOUNDARY LINE. A DISTANCE OF 44.!i3 FEET, THENCE. NORTH 83009'00"
WEST, A DISTANCE OF 45.52 FEET; THENCE. NOll:TH 79005'26" WEST. A DISTANCE OF
219.72 FEET I THENCE, NORTH 85039'35" WEST. A DISTANCE 'OF 114.36 FEET TO THE
SOUTHERLY BOUNDARY LINE OF SAID TRACT "2'; TIiENCE, SOUTH 78010'00" EAST
ALONG SAID SOUTHERLY BOUNDARY LINE, A DIS~~CE OF 408.63 FEET TO THE POINT
OF BEGINNI~G.
(PARCEL 41 A PARCEL OF LAND BEING A PART OF 'I'RACT "2", SUMMIT PLAT NO.1.
ACCORDING TO THE PLAT THEREOF AS RECORDlm IN PLAT BOOK 36. PAGES 48.
THROUGH 51, INCLUSIVE. PUBLIC RECORDS. Plu.H 13EACH COUNTY. FLORIDA. SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CEN1'ERLINE OF SUMMIT DRIVE WITH THE
CENTERLINE OF CLUBHOUSE LANE, AS SHOWN ON SAID PLAT; THENCE. SOUTH
09-09'52" EAST. A DISTANCE OF 386.65 FEET TO THii: SOUTHERLY BOUNDARY LINE OF ~
SAID TRACT "2" FOR A POINT OF BEGTNNINGI
4152 W. BLUE HERON BLVD.
SUITE 121 . RIVIERA BEACH. FL 33404
PHONE: 407/848-2102
12765 W. FOREST lULL BLVD.
sum&: 1316 . WEST PALM BEACH. FL 33414
PHONE: 407/'19309234
FAX: 407/844-9659
G2090
8-18-89
DJC
Page 8 of 9
ORB 6175 pg 216
THENCE, SOUTH 63"10' 00" EAS'!' ALONG SAID S.oUTHERLY BOUNDARY LINE, A DISTANCE
'.oF 337.65 .FEET; THENCE, SOUTH 78"10'00" EAST, C.oNTINUING ALONG SAID
S.oUTHERLY BOUNDARY LINE, A DISTANCE .oF 257.16 FEET; THENCE, NORTH 73"22'13"
WEST, DEPARTING SAID SOUTHERLY BOUNDARY LINE, A DISTANCE .oF 95.71 FEET;
THENCE, NORTH 63" 14 '52." WEST, A 01 STANCE .oF 49. 13 FEET; THENCE, NORTH
88022'23" WEST, A DISTANCE .oF 41.71 FEET; THENCE, N.oRTH 74"42'41" WEST, A
DISTANCE .oF 74.78 FEET; THENCE, N.oRTH 62"510'15. WEST, A DISTANCE .oF 105.53
'FEET; THENCE, N.oRTH 54036' 27" WEST, A DIS~rANCE .oF 68.58 FEET; THENCE, NORTH
7a~56'37" WEST, A DISTANCE .oF 125.74 FEE1'; THENCE, N.oRTH 63"21'52" WEST, A
DISTANCE .oF 31.57 'FEET; THENCE, SOUTH 6(,"08'43" WEST, A DISTANCE .oF 5.17
FEET T.o THE SOUTHERLY B.oUNDARY LINE OF SAID PLAT AND THE P.oINT .oF'~
BEGINNING'. . ,;t
. (PARCEL 5) A PARCEL .oF LAND BEING A PAR~r OF TRACT "2", SUMMIT PLAT N.o. 1, i:
,ll.CC.oRDING :::0 'rHE PLAT THERE.oF AS REC.oRDlm IN PLAT B.oaK 36, PAGES 48, ;~
THR.oUGH 51, INCLUSIVE, PUBLIC RECaRDS, PP..LM BEACH C.oUNTY, FLORIDA, SAID l:'
PARCEL .oF LAND BEING M.oRE PARTICULARLY DESCRIBED AS F.oLLaWS;
C.oMMENCING AT THE INTERSECTI.oN .oF THE CEi~TERLINE .oF SUMMIT DRIVE WITH THE
CENTERLINE .oF CLUBH.oUSE LANE, AS SHOWN .oN SAID P~AT; THENCE, SOUTH
36"46'03" WEST, A DISTANCE .oF 221.34 FEET F.oR A P.oINT .oF BEGINNING;
THENCE, S.oUTH 04"00'00" WEST, A DISTANCE .oF 102.85 FEET T.o THE SaUTHERLY
B.oUNDARY LINE .oF SAID TRACT "2"; .THENCE,S.oUTH 63"10'00" EAST AL.oNG SAID
S.oUTHERLY B.oUNDARY, A DISTANCE .oF 57.0:Z FEET; THENCE, N.oRTH 10"49'50"
WEST, DEPARTING SAID S.oUTHERLY B.oUNDARY, A DISTANCE .oF 7.51 FEET; THENCE,
NORTH 40"11'40" WEST, A DISTANCE .oF 54.47 FEET; THENCE, N.oRTH OS"OS'37"
WEST, A DISTANCE .oF 79.67 FEET T.o THE P.oINT OF BEGINNING.
(PARCEL 6) A PARCEL .oF LAND BEING A PAR'!' .oF TRACT "2". SUMMIT PLAT N.o.l,
ACC.oRDING T.o THE PLAT THEREOF AS RECORJDED IN PLAT B.oOK 36, PAGES 48.
THR.oUGH 51, INCLUSIVE, PUBLIC REC.oRDS, PALM BEACH C.oUNTY, FL.oRIDA, SAID
PARCEL OF LAND BEING M.oRE PARTICULARLY DESCRIBED AS F.oLL.oWS;
C.oMMENCING AT THE INTERSECTION OF THE CE~rTERLINE OF SUMMIT DRIVE WITH THE
CENTERLINE .oF CLUBH.oUSE LANE, AS SH.o~~ ON SAID PLAT; THENCE, S.oUTH
81002' 15- WEST, A DISTANCE .oF 122.93 FEET FOR ,1\ p.orNT .oF BEGINNING;
THENCE, S.oUTH 04.00'00" WEST, A DISTANCH OF 143.57 FEET; THENCE, N.oRTH
09"17'48" EAST, A DISTANCE .oF 141.44 FEET TO THg N.oRTHERLY B.oUNDARY LINE .oF
SAID TRACT "2" AND A P.oINT .oN A CURVE, C.oNCAVE S.oUTHWESTERLY, HAVING A
RADIUS .oF 2179.63 FEET AND WH.oSE RADIUS EQINT BEARS S.oUTH 16'00'11" WEST;
THENCE, WESTERLY AL.oNG SAID CURVE AND AL(~G SAID N.oRTHERLY B.oUNDARY LINE,
THR.oUGH A CENTRAL ANGLE .oF 00'21'02", A DISTANCE l)F 13.34 FEET TO THE END
.oF SAID CURVE, AND THE P.oINT .oF BEGINNING.
(PARCEL 7) A PARCEL OF LAND LYI~G IN TRAC~ TWO, REPLAT HOUSING TRACT "A",
SUMMIT PLAT N.o. 1, ACCORDING T.o THE PLAT ~rHERE.oF, AS REC.oRDED IN PLAT BOOK
4152 W. BLUE HERON BLVD.
SUITE 121 - RIVIERA BEACH, FL J3404
PHONE: 4071848-Z102
12765 W. FOREST lULL BLVD.
SUIrE 1316 - WEST PALM BEACH, FL 33414
PHONE: 4071793-9234
FAX: 4O'7/844-,ili59
~
G2090
8-18-8!#
DJC
Page 9 of 9
ORB 6175 pg 217
37, PAGES 80 THROUGH !i2, !!IICLUSIVE, PUBLIC RECORDS, PP.LM BEACH COUNTY,
FLORIDA; SAID PARCEL BEING MORE PA..~TICULAF.L'( DESCRIBED AS F:)LLOWS,
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID. PLAT; THENCE, SOUTH
17010'00. WEST, ALONG THE EAST BOUNDARY O:~ SAID PLAT, A DISTANCE OF 138,00
FEET I THENCE. NORTH 72 0 50' 00" WEST, DEPli.R'rrNG THE EAST BOUNDARY OF SAID
PLAT, A DISTANCE OF 138.00 FEET THENCE, SClU:rH 24010'00" WEST, A DISTANCE OF
69.00 FEET; THENCE, NORTH 47021'21" WEST,. A DISTANCE OF 111.61 FEET TO A
POINT ON THE HOST EASTERLY LINE OF TRACT CoNJ1: OF SAID PLAT; SAID POINT BEING
A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 133.45 FEET AND
WHOSE RADIUS POINT BEARS NORTH 47021'21" !fEST; THENCE, NORTHEASTERLY ALONG
SAID CURVE AND THE EAST LINE OF SAID'TRACT ONE. THROUGH A CENTRAL ANGLE OF
26030' 39", A DISTANCE OF 61. 75 FEET, TO THE POINT OF TANGENCY; THENCE,
NORTH 16.08'00. EAST, CONTINUING ALONG' THE EAST LINE OF SAID TRACT ONE, A
DISTANCE OF 51.30 FEET; THENCE, NORTH 60028'13" EAST, CONTINUING ALONG THE
EAST LINE OF SAID 'l'RACT ONE.. A DISTANCE 0.. H. 94 FEET TO THE NORTH BOUNDARY
OF SAID PLAT AND A POINT ON A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF 1703.24 FEET, AND WHOSE l,^DIUS POINT BEAI~S NORTH 14048'26" EAST; THENCE,
SOUTHEASTERLY ALONG SAID CURVE AND ALONG THE NORTH BOUNDARY OF SAID PLAT.
THROUGH A CENTRAL OF 07008'47", A DISTANCE OF 212.45 FEET TO THE END OF
SAID CURVE, AND TO TH~ POINT OF BEGINNING.
CONTAINING: 5.02 ACRES, MORE OR LESS
ALSO EXCEPTING THEREFROM THE WEST 45 FEET 01' TRACT "2" BRING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WEST 45.00 FEET OF TRACT "2". SUMMIT PLAT NO.1, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 36, PAGES 48, THROUGri 51, INCLUSIVE,
PUBLIC RECORDS. PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT "2"; THENCE, SOUTH
OPOO' 00" WEST, ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 251. 23
FEET; THENCE, SOUTH 63010'00" EAST, ALONG THE :;OUTHERLY LINE OF SAID TRAC:T,
A DISTANCE OF 48.83 FEET; THENCE, NORTH 04,000'00" EAST, ALONG A LINE
PARALLEL WITH, AND 45.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO
SAID WEST LINE, A DISTANCE OF 261. 39 FEE:C; TO THE NORTHERLY LINE OF SAID
TRACT AND TO A POINT ON A CURVE CONCAVe: SOUTHERLY, HAVING A RADIUS OF
2179.63 FEET; AND WHOSE RADIUS POINT BEARS S,OUTH 15039'08" WEST; THENCE,
WESTERLY ALONG SAID CURVE AND LINE, THROUGH A CENTRAL ANGLE OF 01012' 19", A
DISTANCE OF 45.85 FEET TO THE POINT OF BEGUNING.
CONTAI~ING 0.2649 ACRES MORE OR LESS
CONTAINING A TOTAL OF 399.08 ACRES. MORE OR :~ESS,
SUBJECT TO EASEMENTS, FESTRICTION~, RESERV],TI'.)NS AND fHGHTS-OF-WA't OF RECORD.
4152 W. BLUE HERON BLVD.
SUITE 121 - RIVIERA BEACH, FL 33404
PHONE: 407/848-2102
12765 W. FOREST HILL BLVD.
SUn"F. 1316 - WEST PALM BEACH. FL 33414
PHONE: 407/793-9234
FAX: 407/844-91i59
I
2
t
O~ 6175 pg 218
EXHIBIT B
DECLARATION OF RESTRICTIVE t:OVENANTS AND CONDITIONS
THIS DECLARATION (the "Declaration") mads as of this I,/-It,
day ,of ltotS"J.f 1989, by BtJNTERS 'RUN GOLF. AND
RACQUET CLUB, INC., a Florida not-for-profit corporation (the
"Owner") .
WIT N E SSE T R:
WHEREAS, Summit Associates, I.,td., a Florida limited
partneuhip (the "Partnership") has transferred to the Owner
the real property legally described on Exhibit A attached
hereto and made a part hereof (the "'Property") pursuant to a
Club Facilities Exchange Agreement dated as of July 28, 1989 by
and between .the Partnership and the Owner (the "Club Facilities
Exchange Agreement"); and
WHEREAS, in accordance with the Club Facilities Exchange
Agreement, the' Owner desires to subject the Property to the
covenants, restrictions and conditi,ons contained in this
Declaration;
NOW, THEREFORE, the Owner declares that the Property shall
be owned, held, transferred and conveyed subject to the
restrictive covenants and conditions :hereinafter set forth.
1. USE. The Property shall only be used for recreational
or open space purposes and only such uses which may be
appurtenant and ancillary thereto, iJl.cluding restaurants, pro
shops and the lodge units currentl" located within the main
clubhouse. Construction. of othe!r dwelling uni tlJ , and
cOlDDlsrcial uses not ancillary and nec:enary to club operations,
are exp:tessly. prohibited; provided, however, no use or
operation wi thin the Property shall be in violation of any
applicable statute, ordinance, re,solution, law or other
governmental restriction.
2. RESTRICTIONS' AND COVENANTS RUNNING WITH THE PROPERTY.
This Declaration and the restrictiolls, covenants, conditions,
obligations, reservations, rights, powers and charges herein
provided for shall constitute a sl!rvitude in and upon the
Property and every part thereof, and shall run with the
Property and inure to the benefit of and be enforceable by the
Partnership, its successors and assigns, and failure to enforce
any restriction, covenant, condition, obligation, reservation,
dght, power, or charge herein contained shall in no event be
deemed a waiver of the right to tbereafter enforce any such
restriction, covenant, condition, obligation, reservation,
right, power or charge.
3. REMEDIES FOR VIOLATION. Vi olation or breach of any
restriction, covenant, condition, Obligation. reservation.
right, power or charge herein set forth shall give the
Partnersbip,its successors and assigns, in addition to all
other remedies, the right to proceel:l at law or in equity to
compel compliance with the terms of sucla violated or breached
covenant, condition, obligation, reservation, rigbt, power or
charge, and to prevent the violation or breach thereof; and the
expenses of such litigation shall be borne by the party losing
such litigation.
4. DURATION. This Declaration shall remain in effect for
a period of thirty (30) yean from tlle date hereof after which
time said covenants, agreements, easements. reservations and
restrictions shall be automatically eztendea for successive
periOdS of ten (10) ye8u each, unless seventy-five percent
,
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STATE OF FLOlUX>A
COQNTr OJ!' PALM B1!iA(.'H
,
. .Th. e Ho. f..O, r:e. go. .bg.. i. n.s.trWD8. nt. . .11'. a.ll a~.ow.l.~~. ,e. d... . be~o~J:T
t.hi, t:t.::;.da.y Of. ..d-<r' . .. 1989. .., '. , '~~rl.JQ
..; bed dent of 8\U:l;.cs !W.n .Golie and ..e.it-,: 'C. lIne.. a
Florida not-lor-profit eorpor~~ion. on behalf of .the
corporation.
(Seal)
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Sta e of lorida
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foreg~ n& in8trument was ac~~owleelle<l before me ~hi8
I ~4~ day of" ' w " " :L989. by .el1j.~in Frankel. a8
the !ruielent <> Frallkel Kanalemen1t, Ine., a I~nal partner of
SUlIIlIIit A88ocb.tes, Ltd., a Flodda limited partnership, on
behalf of the limited'~artner8hip.
(Seal)
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RECORD VERIFIED
PALM 8EACHCOUNTY, FLA.
JOHN B OUNKLE
CLERK CIRCUIT COURT
Hn~ $~3J_N'~H l~:~t 3n~ 68-0 -~n~
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DECLARATION OF EASEMENTS AND COVENANTS
RESPECTING PUD TRACT AND COMMERCIAL TRACT
co
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THIS DECLARATION made this
Ii -17f'o- day of ik!ut~t,~/t/ ,
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1979, by SUMMIT ASSOCIATES, LTD., a ~lorida limited partnership,
with an address at 3500 Clubhouse Lane, Boynton Beach, Florida
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33436 (hereinafter referred to as "Declarant").
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WIT N E SSE T H:
WHEREAS, Declarant is the owner of that certain
parcel of real estate situate in the City of Boynton Beach,
County of Palm Beach, State of Florida, which is described in
Exhibit "A" attached hereto and her~by made a part hereof
(hereinafter referred to as the "PUD Tract"); and
WHEREAS, Oeclarant is also the owner of that certain
parcel of real estate adjacent to the PUD Tract situate in the
'"
City of Boynton Beach, Co~nty of Palm Beach, State of Florida,
which is described in Exhibit "B" attached hereto and hereby
made a ~art hereof (hereinafter referred to as the "Commercial
Tract"); and
WHEREAS, Declarant has caused to be incorporated under
the laws of the State of Florida as a cornoration not for profit
Hunters Run property OWners Association, Inc. (the
"Dl""'I"'tn4Ct'P"'r"
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owners Association") ~or the purpose of exercising certain
functions with respect to the pun ~ract.
NOW, THEREFORE, intending to be legally bound hereby,
Declarant hereby declares as follows:
1. As used herein, the following words and terms
shall have the following respective meanings:
(a) "Commercial Tract OWner" -. the record
titleholder from time to time, whether one or more persons
or legal entities, of the fee simple title to the Commercial
Tract.
This instrument prepared by:
G. Craig Lord, Esquire
Blank, Rome, Comisky & McCauley
1100 Four Penn Center Plaza
Philadelphia, Pa. 19103 -1-
IltlURlI TO, SUlI lm.E & ^~TRAtf co.
a6Z5 scum r.O:Ir.RESS ,wr:lUE
BOYlIfOll 8fo'CH, fL. 33'36
(b) "Master Plat" - that certain ~lat entitled CO
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"SUJIUI\it j)lat No.1", recorded in Plat Beak 36, pages 48 et seq.,
Public Records, Palm Beach County, Florida.
(c) "Westll!lk.e Drive" - that certain roadway
which is shown on the Master Plat and which extends south from
the southern boundary of the Commercial Tract to SUlIUIlit Drive.
2. The COllUllercial Tract OWner ahal" ]erpetually clean,
maintain, repair and replace Westlake Drive. The Commercial Tract
OWner shall also secure and maintain at its ex~ens~ policies of
insurance against claims for personal injury Uncluding death)
or property damage arising out of the ownership, maint~nance
and repair of Westlake Drive in such reasonable amounts as the
Commercial Tract owner shall from time to time determine, which
insurance shall name the Property OWners Association as an
additional insured.
3. With respect to all parts (inCluding, but not
limited to, poles, standards, fixtures, transformers, wires,
bulbs and cables) 0:.' any street 1 i . ~~!Ig system which parts are
now or hereafter installed in the medial strips of or in the
rights of way of any portion of Westlake urive. the Commercial
Tract Owner shall p,... .)etually maintain the same in good order
and repair, make all replacements anti renewals necessary to so
maintain th~ same, anL' operate and Pl!~' a1' tho costs of o~erating
the same, including, but not limited to, costs of electricity.
Declarant has advanced, or will advance, to Florida Power and
Light Company the costs of providing such street lighting system,
and Florida Power and Light Company hilS agreed 1:0 reimburse
Declarant for such ('osts over ft periclc. of years, and Declarant
hereby expressly r.....Elrves the right 1:0 receive, collect and
retain all sums so reimbursed to Decl.arant.
4. With respect to all parts of any medial strip
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now or hereafter within the right of way of any portion of
West~.ke Drive, the Commercial Tract Owner shall perpetually
provide litter removal, grass cutting, weed control, dry
fertilizer, tree and shrub care and replacement, and r~pair
and replacement of sprinkler pi?es and heads.
S. The Commercial Tract Owner shall perpetually
j
maintain at its cost and expense any landscapj ",IJ in the medial
strip of that portion of Congress Avenue which extends from
the southerly portion of Summit Drive to the northerly portion
of Summit Drive if such landscaping is ',aatalled by Declarant.
The Commercial Tract Owner shall have no responsibility to maintain
any such landscaping installed by persons or entitiesl,other than
Declarant. J
6. The Commercial Tract Owner shall have th\ perpGtual
right and easement, without charge, to effect storm wJter drainaqe
liI,
of the Commercial Tract by interconnection with the lakes, canals
and other drainage facilities on the PUD Tract, including, but
not limited to, the right to install and maintain Pip~ng, conduits,
and other drainage facilities on the PUD Tract provided the same
does not unreasonably interfere with the use or enjoyment of the
PUD Tract.
7. This Declaration may be amended, modifiea or
terminated only by a written instrament .xecuted by tbe ~~operty
Owners Association and by the ownets of a majority of the acreaqe
of the Commercial Tract, and such an amendment shall be effective
witbout the need for any joinder or consent thereto by any other
parties or by the holders of any liens now or hereafter existinq
on the PUD Tract or th6 Commercial Tract.
;
8. The obligations of t:l1e Commercial ~~act owner as
sat forth herein may from time tot:ime, upon the conveyance of
tbe Commercial Tract to two or mar'l a.parate owners, be divided
between or among the owners of the Commercial Tract
pursuant to
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a recorded agreement ~~ such reasonable and good faith manner
,
~~ such owners sh.l~ d~t.rmine, and in the event of any such
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division, the resp~nsiLi11ties of the owners of the various
portions of the C~ercial Tract hereunder shall be governed
by such agreement and . ;181'. be several rather than joint. In
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addition, no pers~n
dnt~ty now or hereafter constituting 8
Commercial Tract owner shall have any per onal liability hereunder,
but rather such lit .ility "hall be enforceable only out of such
party's interest I the C<y.j8rclal Tract.
9. This De::la1atlon shall run with and bind the
PUD Tract and the commercial~ract and shall inure to the
benefit of all presen',.,nC: future comers of the COllVl\ercial Tract
and the PUD Tract.
IN WITNESS WHEREOF.tthe parties heret~ have duly
executed this Declarat.1on this rifJ. day of "'Gf-l\&€1L , 1979.
SIGNEJ:l, SEALED AND
DELIVERED IN THE
PRESEN~ _
(1) It'. ~
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(2) iJh uy ill 4LUrllJ
SUMMIT )U3SOCIA'rBS, LTD.
BY:
FRANKEL MANAGEMENT, INC. ~
General Partner
I By:
14;: '-:-JJ1-4?;i':~ ,..";, >:
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(Cor1?orate Seal)
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Att.est:
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tj'lA'l'E OF "".'t'''"Nllt
COUNTY OF '''f"",~",'AI''
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BEFORE ME, the under8iqne4 au~bori ~y, personally
appeared 'fNJ."'1t' ""11'''' and L......"'. hlJ#IM" , to
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me we~~ known ~ be ~he persons described j ~ and, who execute~.
the foreqoinq in.strument as ,,.,,,...,.. and IrI"''''''''
respectively, of FRANKEL M\NAGEMENT, INC., a pennsylvania
corporation, the said PRAHKBL MANAGEMENT, INC. being a
General Partner of SUMMIT ASSOCIA'l'BS, L'l'D., a Florida limited
partnership, and they severally acknowledqed before me that
they executed such inst:rulllent as the free act and deed of said
limited partnership.
~
.
WITNESS my band and official 8ea1 at the County
and State aforesaid" this .,- day of .".."en. ,1911 .
~
No ".y , "e. ," ,
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My commiMii~!ifWt...
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ALL THOSE CBRT~IN parcels of land which are the
sUbject of that certain "Summit Pla~ No.1" recorded in
Plat Book i6, page 48 8t seg., Public Records, Palm Beach
County, Florida and "Summit Plat No.2" recorded in Plat
Book 37, pliqes 114 et seg., Public Records, 1:'a11ll Beach
County, Florida.
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EXHIBIT "A"
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LEGAL DESCRIPTION
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CO~~RCIAL PARCEL
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A parcel of land lying in Section 6, Township 46 South,
Range 43 East, Palm Beach County, Florida, being more
particularly described as follows:
Commencing at the Northeast corner of said Section 6: the~ce,
run South 88000'55" ~est, along the North line of said Section 6,
a distance of 53.03 feet to a point in a li.ne parallel with
and 53 feet Westerly of, as measured at right angles to the
East line of said Section 6, said line being the Westerly right
of way line of Congress Avenue: thence, South 00000'00" West,
:*
along said right of way line, a distance of 2261.97 feet to
the point of beginning:
Thence, continue South 00000'00" West, along said right of
way line, a distance of 1798.78 feet; thence, North 90000'00"
West, a distance of 750.00 feet; thence, North 00000'00" East,
a distance of 1687.50 feet; thence, North 90000'00" East,
a distance of 380.00 feet; thence, North 00000'00" East, a
distance of 111.28 feet; thence, North 90000'00" East, a
distance of 370.00 feet to the point of beginning.
Containing: 30.000 acres, more or less.
Subject to existing easements, roservations, restrl.ctions,
and rights of way of record.
ftECOM) VfIUFII:D
"ALM SUCH COUNTV. f\.A
~N t. DUNKLE
ClERK CI"CUIT COURT
EXHIBIT "B"
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HUNTERS RUN DECLARATION
OF
fOVENANTS , RESTRICTIONS AND EASEMENTS
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THIS DECLARATION, I\lllde this (1) day of fL~
1979, by Summit Assooiates, Ltd., a Florida limited partner-
ship (hereinafter referred to, together wit~ its sU~cessor8
and assigns, as nDeveloper").
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WHEREAS, Developer is the owner of that certain parcel
of real estate situate in the City of Boynton Beach, County
of Palm Beach, State of Florida, which is described in
Exhibit No. 1 attached hereto (hereinafter referred to as
the "Property.) and desires to create thereon a planned
cOIIIII\unity in accordance with the approved Development Plan
for the property and the Planned Unit Development ordinance
of the City of Boynton Beach, with roads with associated
lighting and medial Etrips, lakes, canals, security service
and other designated facilities and services for the benefit
of the said community: and
WHEREAS, Developer desires to provide for the preser-
vation of the values and amenities in said community, to
assure that said commun:!.ty complies with the requirements of
the Planned Unit Development ordinance of the City of Boynton
Beach, and to provide for the mairtenance and/or administration
of said roads with associated lighting and medial strips,
lakes, canals, security service and other designated facili-
ties and services, and, to this end, desires to subject the
Property to the covenants, restrictions, easements, charges
and liens hereinafter set forth (hereinafter collectively
referred to as the .Covenants"), each and all of which is
and are for the benefit of the Property and each owner of
any portion thereof1 and
WHEREAS, Developer has deemed it desirable that a
property owners association be delegated and assigned the
powers and duties of maintaininq and/or administering the
said roads with associated lighting and medial strips,
lakes, canals, security service and other designated facilities
and services ar.d administering and enforcing the Covenants
and collecting and disbursing the assessments and charges
hereinafter created: and
This instrument pre~ared by:
G. CRAIG LORD,Esqu1re
Bl~nk, Rome, Co~isky, & McCauley
1100 FO""7 Penn Center Plaza
Philadelphia, PA 19103
WHEREAS, Developer has caused to be incorporated under
the laws of the State of Florida, as a corporation not fer
profit; HUNTERS RUN PROPERTY OW~ERS ASSOCIATION, INC. (for-
merly known as The Summit Property OWners Aslociation,
Inc.), for the purpose of exercising the fun~tions afore-
said.
NOW. THEREFORE, Developer declares that the Property
and each portion thereat is and shall be held, transferred,
sold, conveyed and occupied subject to the covenants, restric-
tions, easemente, charges and liens hereinafter set forth.
,
REIURN TO: SUII TITlE r. APSIRACT CO.
~.,' ao~~ suUIH CQNCRIS~; ^'.~i'lU[
f B.JYNIOft bEAC.I. Il, J.l-IJli
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ARTICLE J.
Definition!
Section 'I. The following words and terms when used in
thiB Declaration of Covenants (unless the context requires
otherwise) ahall have the following meaningsl
(a) "Assessment Unit" shall mean and refer to
either a Living Unit or a Commercial Unit.
(b) "Assessment Unit OWner" shnll mean and refer
to the record titleholder. whether one or mot~ersons or
legal entities (including. specifically, the; , velopu') of
the fee simple title to any Assessment Unit,' neluding,
specifically, the record titleholder of an As essment Unit
which has been submitted to the provisions ofJ,the Condominium
Act, except that when record title to an Assessment Unit is
held by a cooperative organization or other entity organized
and operated for the purpose of making Assessment Units
available to its shareholde~s, members or other beneficiaries,
then the term "Assessment Unit OWner" shall mean a~d refer
to the holder, whether one or more persons or legal entities,
of the share, membership or other interest which entitles
the holder to possession of the Assessment Unit. The term
"Assessment Unit OWner" shall not mean or refer to the
mort9agee of any Assessment Unit unless and until such
~ortgagee has acquired title to such Assessment Unit pursuant
to foreclosure or ani proceeding in lieu of foreclosure.
(c) "Building" shall mean and refer to any building
or structure situate on the Development Property which has a
gross floor area in excess of 500 square feet.
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(d) "Commercial Building" shall mean and refer to
any Building designed and intended for use other than as a
residence or residences for one or more single fa~ilies. for
which a eertificat6 of occupancy has been issued, and which
is not being used by a government or agency thereof.
(e) "Commercial UnitW shall mean and refer to a
unit of measure of gross floor area of a Commercial Building.
For purposes of this Declaration of Covenants, each Commercial
Building shall be de@~ed to be compcged of the r~$ultant
number of Comme~cial Units determined by dividing the gross
floor area of the entire Commercial Building (expressed in
square feet) by l,SJO square feet, and rounding off to the
nearest whole number.
(f) "Condominium ActW shall mean and refer to the
Florida Condominium Act, Chapter 718 of the Florida Statutes,
as the same may ba f.com time to time amended.
(9) "Developed Property" shall mean and refer, at
any given time. to all portions of the Development Property
which at such given time are owned by Asse8smen~ Unit OWners
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(as said term is defined
as an appurtenance to or
ot such Assessment Units
S. ,'tion (a) hereofl.
in Article 1, Section 1 (bl hereof)
as an incident of their ownership
(as said term 18 defined in Article I,
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(h) "Development Property" shaZ 1 JllearJ and refer'~
to the entirety of the Property less and e~cept only the i
Golf Course Property and those portions ot the Property upon
which a Main Road (as said te~s defined in Article I, Sec7
tion l(m) hereof) is now or at any time hereafter situated~
(i) "Golf Course Property" sha]l mean and referi
to those portions of the Property which are designated on t
the Master Plat as Tracts I through 22 an6 . pon which there
are or shall be situate, inter alia, three lS-hole golf ~
courses, a clubhouse faciffiY""ailcfa marlna. li'
Cj) "Golf Course Property owner" shall mean and,
refer to the record titleholder, whether one or more persons
or legal entities (inCluding, specifically,.tbe Developer)'
of the fee simple title to the Golf Course Property.
(k) "Living Unit" shall mean a~~ refer to any
Residential Building or portion of a Residential Building
designed and intended for use and OQcupanc~ as a residence
by a single family and for which a certificate of occupancy
has been issued, whether such Residential 8uilding or portion
of a Residential Building ia a single faai~y home, condominium
unit, cooperative unit or apartment unit.
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(1) "Living Unit OWner" shall mean and refer to
the record titleholder, whether one or more persons or legal
entities (including, specifically, the Developer) of the fee
simple title to any Living Unit, including, specifically,
the record titleholder of a Living Unit which h~s been
submitted to the provisions of the Condominium ~t, except
that when record title to a Living Unit is held by a cooper-
ative organization or other entity organizel.1 and operated
for the purpose of making Living Units available to its
shareholders, members or other beneficiaries, then t.he te~
"Living Unit Owner" shall mean and refer tv the holder,
whether one or more persons or leqal entit1!!s, of the share,
membership or other interest which entitles the holder to
possession of the Living Unit. The term "I,iving Unit OWner"
shall not mean o~ refer to the mortgagee of any Living Unit
unless and until such mortgagefl has acquired title 1.:.0 such
Living Unit pursuant to forecle/sure or any proceeding in
lieu of foreclosure.
(m) "Main Roads" shllll mean and refer, collectively,
to the following roads as shown on the Mast~r Plat: Summit
Drive, Coconut Lane, Clubhouse Lane and Ea~tlake Drive.
(n) "Master Plat" shall mean and refer collectively
to: (i) that certain plat of n portion of the Property
entitled "Summit Plat No.1", l:ecorded in Plat Book 36,
pages 48 et. seq., Public Reco/:ds, Palm B...ch r:ounty, Florida,
as the ..ame may be from time tn time amended, f ..1 (U, that
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certain plat of a portion of thr Property entitled "Summit
Plat No.2," recorded in Plat Book 37, pages 114 et. seq.,
PuLlic Records, Palm Beach County, Florida, as the same may
be from time to time amended.
~
(0) "owners" shall mean and refer, collectively,
to the Assessment Vnit OWners, the Golf .Course Property
Owner and the Undeveloped Property Owner.
(p) "Property owners Association" shall mean and
refer to Hunters Run Property OWners Association, Inc., a
Florida corporation not for profit.
(q) "Residential Suildinq" shall mr,n and refer
to any Building designed and intended for us< and occupancy
as a re~idence by one or more single families.
(r) "Undeveloped Property" tihall mean and refer,
at any given time, to all portions of the Development Property
which at such given time do not constitute ~ part of the
"Developed Property".
(s) "Undeveloped Property owner" shall mean and
refer to the record titleholder, whether one or more persons
or legal entities (including, specifically, the Developer)
of the fee simple title to the Undeveloped Property.
ARTICLE II
The Property OWners Association
Section 1. Governance of Affairs. The Property OWnerj
Association is a corporation not for profit incorporated
under the laws of the State of Florida, and charged with the
duties and empowered with the rights set forth ~erein. The
affairs of the property owners Association shall be governed
by its Articles of Incorporation and its By-Laws.
Section 2. Membership. The property Owners Association
shall have three classes or membership:
Class A Membership. E/!,ch Assessment Uni t Owner,
including the Developer, shall atitomatically be a Class A
Member of the Property Owners ASEioci.ation. Said Class A
Membership is appurtenant to the ownership of each Assess-
ment Unit and shall not be separeble from the ownership of
any Assessment Unit and shall be deemed to have been convey-
ed with the conveyance of each AE:sessment Unit, whether or
not such Memberahip is expressly referred to in the instru-
ment effecting such conveyance.
Class B Membership. Tt,e Golf Course Property
owner shalr-iutomatically be the sole Class B Member of the
property owners Association. Said Class B Membership is
appurtenant to the ownership of t:he Golf Course Property and
shall not be separable from the c'~ership of the Golf Course
Property and shall be deemed to have been conveyed with any
conveyance of ~ majority by acrel,ge of the Golf Course
Property, whether or not such MeoIDership is expressly refer-
red to in the instrument effectirlg such conveyance.
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Class C KemPershill. Developer shall be the sole CO
(;lass C Member of tho Proper.ty Owners Association, provided (.aJ
tha~ said Class C Membershi{ ~hall cease and terminate upon
tbe earlier of: (a) the del '. "ery by Developer to the Property (,Q
Owners Association of writ~dr. notice that Developer irrevocably ~
terminates and cancels his r.:ass C Membership; or. (b) December 31,
1993. -0
Section 3. Voting. VO~1ng by Members in the affairs
of the Property Ownprs Asso~:~tion shall be as follows:
(ai Number of Votes.
(i) Each Class A Member shall be entitled to
one (1) vote for each Assessment Unit of which such Member
is the Assessment Vnit Owner.
(ii) The Class S Member shall be entitled to
two hundred (2~O) votes.
(iii) The Clas~ C Member shall be entitled to
a number of votes equal to the sum of: (A) the total number
of votes possessed by the Class A Members and the Class B
Member at the time of any particular vote by the membership;
plus (S) one (1) additional vote.
(bl No Cumulative Voting. There shall be no
cumul~tive voting on any vote by the Members of the Property
Owners As~ociation.
Section 4. Duties and Powers of the Property OWners
Association. Developer hereby assigns to the Property
OWners Association the duty and obligation and the sole and
exclusive power and right (provided that the Property OWners
Association may delegate any or all of said Cuties and
powers to a management firm or other agents) to perform at
its cost and expense eacl, and all of the following:
(a) To provide adequate security for the Property
in such fashion as the Property Owners Association shall
from time to time deem appropriate, including, but not
limited to, the maintenance of guards and guardhouses and
the use of roving patrols, which function shall include the
obligation to maintain, repair and replace and to bear the <
costs of operating any guardhouses, gates, vehicles or other,
facilities O~ items employed in connection with performing
such function.
(b) To ho~d title to, and to clean, maintain,
repair and replace the Main Roads. .
'c) With ~espect to all parts (including, but not
limited to, peles, standards, fixtures, transformers, wires,
bulbs and cables) of any street lighting system which parts
are now or hereafter installed in the medial strips of or in
the rights-of-way of any portion .;)f any of the Main Roads,
to maintain the same in good order and repair, to ~ake all
replacements and renewals n~ces8ary to so maintain the same
and to operate and to pay all costs of operating the same,
including, but not limited te, costs of electricity. Developer
has advanced or will advance to Florida Power and Light
Company the cost of providing suc~ street lighting systems,
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and Florida Power and Light Company has agreed to reimburse
Developer for such COB~ over d period of years, and Developer
hereby expressly rese~e8 the right to receive, collect and
retain all sums so reimbursed to Developer.
(d) With respect to all parts of any medial strip
now or hereafter within the right-of-way of any portion of
any of the Main Roads, to provide litter removal, grass
cutting, wee~ control, dry fertilizer, tree and shrub care
and replacement, and repair and replacement of sprinkler
pipes and heads.
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(e) With respect to all lakes, ponas or canals
now or hereafter Rituate upon any portion of the Property,
and with respect to all waterways, ditches, yiping, culverts
and swails situate upon any portion of ~he Property and
connecting such lakes, roads and canals to the Laxe Worth
Drainage District Lateral Canals, to maintain the same in
clean and sanitary condition and in good ,ordel: and repair
and to mak~ all replacements and renewals necessary to so
maintain the same.
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(f) To carry out and perform all of the obligations
of Developer pursuant to that certain Agreement Providing
High Level of Canal Maintenance with the Lake Worth Drainage
District, dated October 16, 1978, and recorded in Official
Record Book 2944, Pages 1528 et. seq., Public Records, Palm
Beach County, Florida, which agreement pertains to the
maintenance of those portions of Lake Worth Drainage District
Canals L-29 and L-30 and the rights of way therefor which
abut the Property.
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(g) With respect to any now existing or hereafter
created entranceway area at any entrance to the Property
from Congress Avenue or Barwick Road which now exists or is
hereafter opened, to provide the following: litter removal,
grass cutting, weed control, dry fertilizer, shrub and tree
care and replacement, repair and replacement of sprinkler
pipes 8id heads. sign maintenance and lighting, and mainten-
ance, repair and replacement of any decorative or screening
wall or fence. The Property Owners Association shall also
payor reimburse Developer for any real estate taxes assessed
with respect to any such entranceway area, and if Developer
requests, the Property Owners Association shall accept a
deed to and hold title to such areas. For purposes of this
Declaration, the entranceway area at the entrance to the
Property from Congress Avenue to t.hc. southerly portion of
Summit Drive shall consist of: iA) the entire purtioll vI
the Property which is bounded on the south by Summit Drive,
on the west by Westlake Drive and on the east by Congress
Avenue, together with (B) the block and stucco wall and
picket fence which extends parallel to and south of S\unrnit
Drive and parallel to and west of Congress Avenue, together
with the area between such wall and fence A~d Summit Drive
and Congress Avenue.
(h) To take and carry out all action reasonably
necessary and proper to enforce the covenants set forth in
Articles III and IV of this Declaration of Covenants,
including, when necessary, the commencement and maintenance
of actions and suits to restrain and enjoin any bre&ch or
threatened breach of said covenants.
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(i) To secure and maintain policies of insurance
against claims for personal injury (including death) or
,
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property damage arising out of the Property OWners Associ-
ation's per.formance of its duties as established by this
Declaration of C~venants (including, but not limited to,
insuranc. with respect to th~ Pxoperty OWners Association's
ownership. maintenance and repair of the Main Roads), which
po~icies shall be in such reasonable amounts as the Property
OWners Association shall from time to time determine, and
which policies shall name the Property OWners Association
and its officers, directors, employees and agents (including,
but not limited to, any management firm engaged by the
Property OWners Association) as insureds.
(j) TO secure and maintain, if available at
reasonable cost, policies of directors and officers liability
insurance, insuring the directors and officers of the Property
Owners Association against personal liabilit. arising in
connection with the performance of their ofticial duties.
(k) To fix, establish and collect Annual Assess-
ments and Additional Assessments as provided in Article V
hereof.
(1) To perform any other act necessary or proper
to carry out any of the foregoing spe~ified duties and
obligations or any other duty or obligation expressly or
impliedly established elsewhere in this Declaration of
Covenants.
(rn) To perform any other act not authorized by
Article II. Section 4(a) through (I) of this Declaration of
Covenants but necessary or proper to promote the common
heal th, safety or welfare of Llle OWlh".!:8 of the Property,
provided that said act shall have been approved by:
(11 three-fourths of the total number of
votes cast by Class A Members who are voting in person or by
proxy at a meeting duly called for this purpose, written !
noticp. of which shall be sent to all Class A Members at
least thirty (30) days in advance and shall set forth the
purpose of the meeting, and
(ii) in the event that said act might, in the
judgment of the Class B Member, prejudice any interest,
right, privilege, power or option of the Class B Member, the
written assent of the Class B Member, and
(iii) in the event that said act might, in ~he
jud~~ of Developer, prejudice or tend to prejudice any
intEu.ft!., right, privilege, powe;c or option 0:' Developer,
the written assent of Developer.
ARTICLE III
Obligations of Parties Other Than Property
Owners Associlltion
Section 1. Obligations of l;olf Course Property OWner.
The Golf Course Property Owner sliai[ perpetually operate,
maintain, repair and replace the sprinkler pump which serve~
the sprinkler system in the medilll strips of the Main Roads,
and shall supply all water and 1:lquid fertilizer reasonably
necessary for the operation of sllid sprinkler system, all at
the cost and expense of the Golf Course Property Owner. In
addition, the Golf ClJurse Propert;y Owner shall perpetually
maintain, repair and replace, at its expense, any fencing on
the westerly perimeter of the Property.
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(i) install, maintain, repair and replace
the sprinkler system therefor:
(ii) plant and maintain grass:
(iii) provide litter removal, qras. cutting,
dry and liq~id fertilizer and weed control.
ARTICLE IV
Protective Covenants
Section 1. Animals, livestock etc. No animals,
livestock or pouitry shall be raised, bred or kept on any
portion of the Property, except that dogs, which when fully
grown Shall weigh no more than 25 pounds, or small cats may
be kept provideu that they are not kept, bred or maintained
for any commercial purpose.
Section 2. Garbage and refuse disEosal. No portion of
the Property shall be used or maintained as a dumping qround
for rubbish. Trash, garbage or other wastes shall not be
kept except in sanitary containers. All incinerator~ or
other equipment for the storage or disposal of such refuse
shall be kept in a clean and sanitary condition.
Section 3. Obligation to Maintldn Grounds and Exterior
of Improvements. All Assessment Unit Owners shall be obli-
gated to main~ain such portion of the Developed Property as
they own toqether with the exterior of any improvements
situate thereon in continuous good and attractive condition
and repair, consi stent with the condition and :repair of the
balance of the Developed Property and in the event of any
failure to do so which continues for thirty (30) days after
written notice thereof from the Soard of Directors of the
Property Owners Association to such J~ssessment Unit Owner,
the Boat:d or Directors or its duly authorized agents shall
have the right at any time and from j:ime to time, without
any liability to such Assessment Uni1: Owner fO.r trespass or
otherwise, to enter upon such ;;'vri....i.ull of the Developed
Property and the improvements thereon to effect such main-
tenance as shall be necessary to bring the same into compliance
with the requirements of this SectioJl, and the Assessment
Unit Owner responsible for said failure shall reimburse the
Property Owners Association for all mcpenses incurred in
connection thex:ewith. The reasonablEl judgment of the Board
of Directors of the Property OWners Jlssociation shall con-
clusively establish for purposes of 1:his Declaration whether
any such portion of the Developed Property and the improve-
ments thereon have been maintained in good conditic....;1 and
repair, consistent with the condition and repc:\ir of the
balance of the Developed Property.
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ARTICLE \'
No Implied Easements
Develope~' declare9 that it is not the intent of Developer
nor of this Oec\aration of Covenants to establish any implied
casements whatsoever, and Developer furthermore specifically
declares that it is not the intent of Developer nor of this
Declaration of Covenants to establish any express or implied
easements for the use and enjoyment of the Golf Course
Property or any portion thereof.
ARTICLE VI
Covenant for Assessments
Section 1. Cr.eation of the Lien and
of Assessments. The Ueve oper hereby covenants an agrees,
and each Owner by acceptanc3 of a deed or other evidence of
ownership of an Assessment Ur.it, the Golf Course Property or
any portion thereof or the Undeveloped Property or any
portion thereof, whether or not it shall be uO expressed in
any such deed or other evidence of ownership, shall be
de~med to covenant and agree to pay to the Property owners
Association:
(al Annual Assessments (as said ~erm ~s def~ned
in Article VI, Section 3(b) hereof):
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(bl Additional Assessments (as said term is
defined in Article VI, Section 4 hereof):
such assessments to be fixed, established, levied and collected
from time to time as hereinafter provided. The Annual and
Additional Assessments, together with such interest thereon
and costs of collection thereof as hereinafter provided,
shall be and are hereby made, deemed and imposed as a charge
on the Property and shall be a continuing lien upon the
Assessment Unit, Golf Course Propc:ty or Undeveloped Pr~perty,
as the case may be, against which each such assessment is
made.
Section 2. Purpose of Annual Assessments. The Annual
Ass~.;~~~t= ~cvicd by the Property ~_~ers Associ3tion ~hell
be used exclusively for the purpose of performance of the
duties of and exercise of the powers of the Property owners
Association set forth in Article II, Secti~n 4(a) thr~u9h
(m) of this Declaration of Covenants.
Section 3. Amount and' Basis of Annual Assessments.
(a) Not less than thirty (30) days prior to the
commencement of each fiscal year, the directors of the
Property Owners Association shall estimate the costs and
expenses, including a reasonable provision for contingencies
and for a reserve for capital replace~ents, to be incurred
by the Property owners Association during such fiscal year
in the performance of the duties of and exercise of the
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powers of the Property Owners Association set forth in
Article II, Section 4(a) through (m) ~f this Declaration of
Covenants. The amount of the costs and expen~~s estimated
as aforesaid shall constitute the "Annual POA Expense".
(bl The Annual POA Expense shall be assessed to
the OWners as the Annual Assessment in the following shares:
(il Share of Assessment Unit OWners - Each
Assessment Unit OWner shall be assessed a percentage of the
Annual POA Expense expressed'as a fraction, the numerator of
whi~h is one (I), and the denominator of which is the greater
of: (a) 1,200; or (b) the total number of Assessment Units
plus 200 (said portion of the Annual POA Expense being
he;einafter referred to as the "Per Assessment Unit Portion
of the Annual POA Expense"). However, if any ..ssessment
Units have been submitted to the provisions of the Condominium
Act, all of the Per Assessment Unit Portions of the Annual
POA Expense otherwise assessable against said Assessment
Units shall be aggregated and the aggregate sum shall be
apportioned among the OWners of said Assessment Units according
to each Owner's percentage share in the common elements as
established by the declaration of condominium pursuant to
which said Asse~sment Units were submitted to the provisions
of the Condominium Act:
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(ii) Share of Golf Course Property Owner -
The Golf Course Property Owner shall be assessed a percentage
of the Annual POA Expense expressed as a fraction, the
numerator of which is two hundred (200), and the denominator
of which is the greater of: (a) 1,200; or (b) the total
number of Assessment Units plus 200;
(iii) Share of Undeveloped Property Owner -
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(a) If the total number of Assessment
Units is less than 1,000, then the Undeveloped Property
OWner shall be assessed a percentage of the Annual POA
Expense equal to a fraction, the numerator of which is
1,000 less the total number of Assessment Units, and the
denominator of which is l,200;
(b) If the total number of Assessment
Units is equal to or greater than 1,000, the Undeveloped
Property OWner shall have no obligation to pay any portion
of the Annual POA Expense.
Section 4. Additional Assessments. If the Annual
Assessment estimated at the commencement of any fiscal year
shall for any reason prove to be insufficient to cover the
actual expenses incurred by the Property Owners Association
during such fiscal year, the Property Owners Association
shall, at any time it deems necessary and proper, levy an
additional assessment (the "Additi.:>nal Assessment") against
the OWners. Each Owner shall pay. a share of each such
Additional Assessment determined in accordance with Article VI,
Section 3(b) hereof as if the Additional Assessment were an
Annual Assessment.
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::;~ction S.
.
Payment of As&essments.
(a) Annual Assessments shall be due and payable
by the OWners to the Property OWners Association in equal
quarterly installments, on or before the first day of each
calendar quarter during the fiscal year, or in such other
manner as the Property OWners Association shall designate.
(bl The date or dates upon which any Additional
Assessments shall be due and payable shall be fixed in the
re~olution authorizing such assessment.
(c) The Property OWners Association shall upon
demand et any time furnish to any Owner liah.a for any
Annual or Additional Assessment a certifica~e in writing
signed by an officer of the Property Ownurs Association,
setting forth whether said assessments have been paid. Such
certificate shall be conclusive evidence of payment of uny
a..essments therein stated to have been paid.
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Sec~ion 6. Effect of Non-Payment of Assessments: The
Lienl Remedies of Property ~~ers Assoclat10n. rf any
Annual or Additional Assessment or any installment or either
is not paid on the date when due, then such assessment shal
become delinquent and shall, together with such interest
thereon and cost of collection thereof as hereinafter pro-
vided, thereupon become a continuing lien on the Assessment
Unit, Golf Course Property or Undeveloped Property, as the
case may be, against which each such assessment is made,
which shall bind such Asseasment Unit, Golf Course Proper.ty
or Undeveloped Property, as the case may be, in the hands 0
the then Owner, his heirs, devisees, personal representatives
and assigns.
If the delinquent assessment is not paid within
thirty (30) days after the delinquency date, the assessment
shall beat interest'from the date of delinquency at the
lesser of twelve (12\) percent per annum or the maximum rate
permitted by law, and the Property OWners Association may
bring an action at law against the OWner personally obligated
to pay the same or to foreclose the lien against the Assess-
ment Unit, Golf Course Property or Undeveloped Property, as
the case may be, and there shall be added to the amount of
such assessment the costs of preparing and filing the com-
plaint in such action, and in the event a judgment is obt~ined,
such judgment shall include interest on the assessment as
above provided and a reasonable attorney's fee (including,
but not limited to, attorneys fees for any appellate pro-
ceedings) to be fixed by the court together with the costs
of the action.
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Section 7. Subordination of the Lien of Assessments to
First Mortiages. The lien of the assessments provided for
herein sha I be subordinate to t.ne lien an'- operation of any
mortgage which is intended to be a first lien mortgage now
or hereafter placed upon any Assassment Unit, the Golf
Course Property or any portion t1ereof or the Undeveloped
Property or any portion thereof.
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Section 8. Alternative Method of Collection of Annual
and Additional Assessments.
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(a) If any portion of the Property is submitted
to the provisions of the Condominium Act. the declaration of
condominium submitting said portion of tne Property to the
provisions of the Condominium Act shall provide that all
portions of any Annual Assessment or Additio,al Assessment.
to the extent assessable (in accordance with Article VI
hereof) against the owners of the condominium parcels in the
condominium created by such declaration c_ condominium,
shall, at the request of the Property OWners Ass"ci.stion. be
treated in all respects as a "Common Expense" (as said term
is defined in Section 718.103(7) of the Cone ~inium Act}
under said declaration of condominium. If the Property
Owners Association requests the Association (as said term is
defined in Section 118.103(2) of the Condominium Act) for
such condominium to so treat any Annual Assessmer.t or Addi-
tional Assessment, the Association for such condominium
shall promptly assess such Annual Assessment or Additional
Assessment against the owners of the condominium parcels in
such condominium as a Common Expense, and shall promptly pay
all amounts so collected to the Property Owners Association.
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ARTICLE VII
General Provisions
Section l. Allor any part of the Covenants may be
amended or terminated by filing of record a statement set-
ting forth the amendment or termination signed by:
(a) Class A Members possessing at least two-
thirds of the total number of votes possessed by all Class A
Members,
(b) the Class S Member, and
(c) with respect to any amendment or termination
prior to December 31, 1993, the Developer. No mortgagee or
lienholder upon all or any portion of the Property need
consent to or join in such amendment in order for the same
to be effective.
Section 2. Sinding Effect. The Covenants shall run
with and bind the Property and snaIl inur~ to the benefit of
and be enforceable by the Property OWners Association, any
OWner, or their respective legal representatives, heirs,
successors and assiqns, provided that no OWner or other
person or entity shall have any personal liability under or
in connection wi~h this Declaration, it being intended that
all liabilities under this Declaration shall be enforceable
only out of an OWner's interest in the Property or in any
improvements now or hereafter constructed upon the Property.
Section 3. Notices. Any ~~tice required to be sent to
any Member or OWner under the pr.:)visions of this Declaration
of Covenants shall be deemed to have been properly sent when
mailed, postpaid, to the last kn.:IWn address of the person
who appcdrs as Member or Owner o~ the records of the Property
Owners Ansociation at the time oE such mailing.
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Section 4. Enforcement. Enforcement of the Covenants
shall be by any proceeding at law or in equity against any
person or persons violating or attempting to violate any
cover-ant or restriction, either to restrain violation or to
recover damages, and~against any Asses.ment Unit, the Golf
Col1rse Property and the Undeveloped Property to enforce any
lien created by this Declaration of Covenants, and failure
by the Property OWners Association or any OWner to enforce
any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 5. Construction. The Property t'wners Association
shall have the right to construe and interprf', the provisions
of this Declaration of Covenants, and in the absence of an
adjudication by a court of competent jurisd1ction to the
contrary, its construction or interpretation shall be final
and binding as to all persons or property benefited or bound
by the p~ovision. hereof.
Section 6. Severability. Invalidation of anyone of
the Covenants by judgment or court order shall in no wise
affect any other provisions which shall remain in full force
and effect.
IN WITNESS WHEREOF, the said SUMMIT ASSOCIA'l'BS, LTD.
has caused this Declaration of Covenants to be duly executed
the day and year first above written.
SUMMIT ASSOCIATES, LTO. - A
Florida Ltmited Partnership
SIGNED, SEALED AND
DBLIVERBD IN THE
PRE SINCE OF:
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By:
FRANKEL MANAGEMENT, INC. -
General Partner
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Secretary ." '~ ,.: "~"".#
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By:
Attest:
FOR GOOD AND VALUABLE CONSIDBRA'l'ION, receipt Whereof is
hereby acknowledged, and intending to be legally bound hereby,
HUN'l'BRS RUN PROPERTY OWNERS ASSOCIATION, INC.. a Florida
corporation not for profit, hereby agrees to accept all of
the benefits and al of the duties, responsibilities. obliga-
tions, and burdens imposed upon it; by the provisions of this
Declaration of Covenants.
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IN WITNP.SS WHEREOF. HUNTERS RUN PROPERTY OWNERS ASSOCI-
ATION, INC., a Florida corporation not for profit. has
causea these presents to be signed in its name by its
President, and its Ccrporate Seal affixed and attested by
its Secretary, this 13th day of December 1979. t
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HUNTERS RUN PROPERTY
OWNERS AS~.OCtATION. INC.
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SIGHED t SEALED ko
DELIVERED IN THE
PRESENCE OF:
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STATE OF 'fll"$""Vftl/f~
COUNTY OF fJ"UI'''ffk'~
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BEFORE ME, the undersigned authority, personally appeared
"*"",,.,..... and,.'oH.JO """"'1'. to me well known to be
the perSOns described in and who executed the foregoing
instrument as ,...,....t' and 'W...,.,."" , respectively.
of FRANKEL MANAGEMENT, INC. a Pennsylvania corporation, the
said FRANKEL MANAGEMENT, INC. being a General Partner of
SUMMIT ASSOCIATES, LTD., a Florida limited partnership, and
they severally acknowledged before me that t~~y executed
such lr.strument as the free act and deed of .aid limited
partne:,ship.
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My commission expires:
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STATE O~tlUtJl.. r
COUNTY OF )'ltr ~s
Before me, the undersigned authority, personally appeared,
~(... G;. J..IYKEL. and CI<I"ItI..Ss. N. ~/1.48Ie1)to me well
known to be the persons d~8cribed in and who e~e ~ed the
foregoing instrument as P~n:J'<Jr and S'e..f'y TAe-,., , re-
spectively, of HUNTERS RUN PROPERTY OWNERS ASSO IATION,
INC., a Florida corporation not for profit, and they severally
acknowledged before me that they executed such instrument as
such officers of said Corporation, and that the seal was
affixed to said instrument and it is the trur corporate seal
of the Corporation, and that it was affixed ~o said instrument
by due and regular corporate authority, and that said
instrument is the free act and deed of said Corporation.
WITNESS my hand and official seal at the County and
State af.oresaid, this 13 day of ;t;;?~~ ,197'.
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My commission expires:
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ALL THOSE CERTAIN parcels of 'lanCl which are the
subject of that certain "Summit Plat No. 1ft recorded in
Plat Book 36, pqes 48 et seq., Pub~ic Records, Palm Beach
County, Plorida and .Summit Plat No.2" recorded In Plat
Book 37, pa98. 114 et seq., Public Records, Paa Beach
County, Florida.
It6GOIlOYlNfIIO
'ALM.~COUN1Y. A.A
JOHN". DUNKLE
CUR" CIRCWT COUll.,
EXHIBIT NO. 1
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WRIlBU, the City COQDcil of the City of tloyftbm "&ch,
Florida, baa nc>>ive.1 a petition reque-U"R9 aban60c.ent of
cert.in ......nt., road rivbt-of-w.y anc! ro.d 4r.inaqe re..rva-
tiona, IIOre particul.rly cJeacr1bed .thenin, 'lfU:hln aaid CitYJ ana
IIOW, 'l'BIIRBI'OltII. BS IT RESOLVED :ay TIlE CITY COONCIL or 'fIlE
CITY OF BOYRTON BBACB, FLORIDA,
Section 1: '1'hat: tho.. cert.in 1nvrea. and .greaa aa.e-
_nu, r.9ad rigbt;:of-w.y and! road dr.ina~ n_rv.tions,' JIIOr8
. "
particularly cJeaClribed in .Xhibit. at:tadwc\ h.aret:o>> and _de a
,part hereof, being .. part: of cJevelos-ent fo~rly known ..
-diart:exvorld- ant h.nby vao.ud and abanCSoned and ..id .fta.
ant he~by nturnec1 to aoreave for p\lrpos.. of taxat:ion. That
.aid abanCSo.-nt is specifically subject 'to terllS and conditions
imposed by Municipal Plannin9 and ZoniDCJ Board at its _etin9 of
July 25, 1978 which oonditiona and t:erma ant. 1ncorporated herein
by ref.erence.
\.! day of A-\)~\,).s,.
1978..
PASSED AND ADOP'1'ED this
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CITY OP B011lTON BEACH. FLORIDA
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. , C1.qr Cl-'t of. ~ Cit;y of. 8cIyntal a.dI: J'Jadda, do hInby
,.*'" J... a tw. IIIIl c~ caw of. ~ No. ~ (with
,.. . , .. it ~ in tbIi ~ at 't1a C1~ of. 8:Jynt:a\
~-;/_~ Oadl
m~. m Z 917 !-AGE ~ 557 __ n. 1171
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A parcel of land b Iect.!cn fi. !'ownsh1p C, Sou1:h. .
bilge U ....~, .ala IIeach COQQ~y,. rlodda. -.:-
particularly ~Mll'ib0e4 ... foU.__ .Cc VIMM at: ~
1Iort:be..~ Co~. of 'M14flleGt1oD .t. .~ 8. ....34.0..,
. w. ~~ ~. Jforth llM of aa.l4 ."Cftlca 5 . cU.a....oe
of 53.03 feft to. t:be "'ar1y d~t-Of-.y 11_ of .
Coacp:eea A-.aGe, ~ So. ~O.J3 11- If. alOll9 t:be "'t:er1.y
dght-of-way lba of .a14 COftVA.. Av.mGe a cU.ai:uac:e of
785.17 fee~, t.MaCM' 8. ....(,.U'!. W. ,,~ of 151....5
fee~, 1:hebce 8. 43.46'4,.. If. e 41.~ of 70.71 feet,
tileaee 01. 01-13' u- a.. .al\liai:aDoe of 245.00' !eet:t:o'a
pout: o~ C1Ir'ntur. of a eu.., ~ c:oaca".: to t:b. dpt:
bavbg _ ita .l~ta . nOi_ of 283.21 ~ t:hxoogb .
oenua! lUlf11e of 84.30'00-, aJ..ong the azc a cu..~ of
.. 417.68 feet to . PoJ.at of 'faavacYJ ~ S. 83.1"47-
w. a 41.aQDoe of 98.11 feet to i:be pobt: of'~ of
Cent:erl1De 01 all lD9ft88 and K9re.. Bur T"t.; lYiD9 25 .
feet on either aid., ~.nce 8. 0'..3'.13- B. . 41a~
qf 793.68 feet to . Point, of 'te~t1oq.
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the
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allIIT CIF .., 10 IE MMDClllEO i1
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AUnMT PAIr OF.lItE IlatT Of .Y ~ c:itMTER IlIIVE" IiaInt AS ~ II CIflCIM. E-
~...;.!DI* tD. PMES 111 ,....lll.JlCLUSIft. PUlLIC ~. ... IfNJt COUICIT.
~. LY.. VIlIWIIIO FEET DSIEII.Y _ sauntElLY OF. AS IIfASIIIIID AT U8IT M8I.ES
10 T1E'faU.C11U8 SPECIFICALLY ~ LI.: _ .' ' _ .
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alll~pIt AT _SGUnlESf~OF lIE PI,P OF CIIAIlIII.... ateaaOIIIlO TIlE
PLAT ...... AS IlCaIeED II PLAT _ 31. .,. Z1 i "'1C' 1lECmIIS. NI.M IIJCH dIIJIIT.
PUIIIM; lIIEJICl. ... artrSl- EMT. ALGIII TIlE 5DU11f UIE OF ,sue , PUT. A DlSTMCE.
f1F. Im....FUr 10 -A POlar 1I'tW III$TtIllY..IIIIa Ilf _~SAm tIWn'D IIRIYE .
.-nt;"'" ...11....zr fAST. .-.SAlD IIiin' ..,~_;-r.~ OF
151.GO fElT ,. AroJII1' fIf ___ GF.;11IE.SPECIFlcM.u IE5CUIfIII UIIE;
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TIIEIG.. cairR_ s. Ol''''W fAST. ..... SAID 11811' .. .. L_ . DlS1WI:E OF
163.. FEET 10 lIE IlOl111'. (MfA.... IF It.QaWE 101HE uarr. __ A _US OF
!D.n f'EET;.1tBCI..DIIIIISTE1Y ~ SAID ~.. earn--.... SAID RIE
. MAY UIE. ,.-. ~I ACIII11IM. MILl....,.~. A DJST~ .''-.It REf'TO 1HE
. POnrr.,.l1l1i.~W; 1II!ICl. SlIUII, . ...a.~SI.,.-sT.~ "',', ".$AIP II8Ir OF VAY
. UIE.JA ,"STIlIa . _.GO FEn'" ,. lilt GF aaw..- IF' A ~To _ LEFT.
" ,-V'-A INIUS GF 61.. FEET; tIEICl _I~I"Y." SAID" - c.n..
I. .... MI' II.... . _ UIE. __ A tIIIrIM. MILE CIF a-34.... A msr.e: CIF
m.M FUr- TIIl'PO_ Cf'T~;1 SGUnI....w lESt. QIITIItIDI ALCII8
WD,'~. .., UIE. A, mSTMCr. tit PElT 10 _ POIIII' .CIIlV,m, _ .. A CURIE
10 TIE, aM.__ A _IUS fIf 444. . ;~. ",~'UlLJ. .... SAID r.GnE
_ "",,1__ M.~ SAID illlIT' OF "'" . ~ A CDI'RAL -.E ~ rU'13". ~. .
DlSDKE . ._A1- FIET, 10 TIE "JIlT .~. "IHEId. SOUTH ersz a- 1IES1'. em:.
nllll. _ SAID U_ f1F MY. LIIE. A DlSTMCE CIF 310.OD FElT TO.lIE IlESTElLY .
.J~" $AID 0MrU 'IIUJE .... ~ 11IE EIO CIF 11IE SPfCIF1CALLY ~1Rtn UIE.
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U&M. 'IIESICIQPTICII AIR 1DlQIIIMI'"
IJlItIS . .Ia' '1U IJ.. MHlIIlIB 111
. _ EAST '.-uu fIF m:nClll
AU. . THOSE- CERTAItI 20 _ ZS .... RlCiHIS-GF-tM, AS IESC.alIED III DEED BOOIt
fl. .. ~. ,,-IC ..... PAUlIIUCH CGUIirY. ...., LYIJI& 11'11!E fAST
_~ Of sen. 1. 1aIISII1P .. samI. _ 4Z EAST. PAUlI 8fACH CCIIITY.
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~I J_. ~ IItIIIJ-.OF..., LY. JIIlHE IICImI .. FUr MD .THE SGU1'II 110
. hIT ILMIMI ..-.. . SAID SlCmII h AL:sa ~J._ 11IE ZD FaIrr
. IUIIfJ-ul'-MJ'LJ'" D lIE IBT ......, OF lIE '$PRIIIIDT --4lUM1D fIF THE
SIIIMEST' _.;;qIMlQ CF lIE saunEAST _..quMrEIt CIF ~D SECTIOII'l. .
aIITAIIJIn: 14.4 M:IIES. ... CIR lESs.
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"::1:5 I.:,D:::~,TCR.r r:1o.dl~ tlj;"s :...7th (~~!': cf _~..:.X._,___
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~~r~o~3~ic:1, QS p3~t... ~f the First Pert, nnd ttl CITY ~F
.s"'::.~~~':',:.;. ~~~F!';',C:-:, .:1 "1t:n'cipal ccrporati8n, as oart\,' o~ :~c:
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5e:"'0:--:,::,: ?,"i:-~._ ~
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~I'!!~ESSSTI~, that t':c saic! ~a~~v of the First I~ar:,
'"
~"','~ .3;~/: In '::onsidC'X"atie,r: of t!"H? s~J:Ti.cf nne ::cllar ($1.80)
a~c ocher val~able considerations, p~id, recei~t of whic~ is
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hcreb~' ackncwl~daed. does hereby ara~~, re~ise, relcase~
..".
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~~it ~lair and convey unto the party of the Second Part, its
s~cceSS0rs a~~ assigns, all ric~t, title, intc~est, clai~ 3~j
de~a~d ~~ic~ the oartv of t~e First ~a~t has i~ 3nd to the
followi~c described lane, situate/ lvina and bei~u i~ the
. "
'COd7lt':.' c:'?al:n Bea.ch/ s.tate or Florida~ to''''"it:
In
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~ ~3:,'cel of land in Section'6/ To~nshio 46
'~C~t!1. Ranqe 43 Ea~t/ ?alm Beach Count;',
Flor ida, r'1Qr'e ?.:3.~ticularly describe,:: as
,,~cl~o~,ys: CO,m.rnence at t-he' \:ortho:3.st CC;:'ler
of said Section 6, th'encE S. 88 34' '6"
\..'-.. a'i-ong the .,~~orth line ~: said Sectio.n 6
a.distan~e of ~3.03 feer to t~e Westerly
rl~nt~of-wav 11~e of Conaress Avenuc;.tne~~e
S. OO~ 33' 16" W. along the Westerly riqht-
of.-','.:ay line 0: said Conaress Avenu8 a dis-
tance of 785.17 feet; thence S_ 88 46' 47"0
W. '2 6istaR~e of 1518_45 feet; thence 5. 43'
46' 47n,\~. a dist~anc~' "'6f 70.71' feet; t-hen:::e
s. Clo'13~ 13" E'. a"'di.stance 0:: 245.00 :ect
to a point of Curvature of a ~urve, curve
Concav~ to the riont havinq as its elements
a radiqs ofoQ83.2i feet th~auah a central
an"l-e o.! 84 30' 00", alone the arc a ois-
tance af 4i7.68 feet to a Point 0; ~angencY;
thence S. 830 16' 47" W."a distance of qS.ll
feet to the PQi~t of Beainnina of t~e Cen-
terline"of an Ing.::ess a~d Eqress ::;"'a5E:'r:1e~~ lyinc
25 feet on either side: thenCE s. 06 4~1 :3'11
E-~e~-'distance sf 79..3~E8 fc~t-. tc a ?o."lnt of
Ter:nination.
THIS DEED is made for the ?uroose of givi~c and
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granti~q to the party of the Second Part, its successors an~
assi9~s, an easement In anc to said lands for Ingress and
Egress purposes, and pUblic utilities, and is made, executed
and deli\'ered with the express llndersta~dinG and condition
that should the same eve= be discontinued or ahan,ioned, the
THIS INS;RUM"NT PRE"AP.fD BY.
CAN1EL H. :GNES
707 NO. FL~GL[r. D.~iVt.
WEST PkLlJ a,,'\CH, F~O;:!D" 33111
~[~~23')8 PAGE 160
?etu.rn to:
j)f.:.-:'liel H. Jon';;.;
707 N. FIHgler Dr.
i';0S'~ 2&.1]7; Beach) FL
.
~~it.1Q sha '!..l thereupon re'/'crt tp and revest in ::h0 Pd:.-ty o-f:
~he First Part, its succeSSOlS ~nd assigns.
TO O{}\VE AND TO HOL;) '~'HE SAME, b 'gether wi th all
and singular the appurtc~anceB thereto be_onging or In
an,'wise ..inci.dent or appertai,.,ing, and all t',e estate, righc,
title, interest, and claim whatsoever of the said parties
of the First Part, in law or in equity, to the proper use,
benefit; and behoof of the said party~the Second Part,
v
its su~cessors and assigns..
IN WITNESS WHEREOF, said part'ies of the First
Part have hereunto .set its hand and seal the date firsi
----...----:',,........,.....;-;-;-_.. ___ ~____._..____._ __"'__ __._____.__._"..__.__.~...._..___.___ __n__ __
>.:'~'~'r,.tll.';:>~ove ,>Jritien.
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:~:::!1 ,~tl1 "'<f:_.", (SEAL)
;' ",,~"2J<;"i:: '{:':"7'~ BY:
~5 :.:~ :J,'-i.~..~ed, Sealed & Delivered Its Pres d
;',{~ioT.~;\~':t(~ ~oy~ ' IY AT;r' ---= "
. """"""",,,,, ~U~it C- (A:t/~ EST.: J'-;:"
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STATE OF FLORIDA
COUNTY OF PALM BEi\CH
BEFORE ~E person~lly appeared Irving I. Rubin
as President of PALMLAND D~JELOPMENT CORP.,
a Florida Corporation., and Sydelle R. Rubin as Secretary
or PALMLAND DEVELOPMENT CORP" a' Florida Corporation, to me
known to be the persons described in and who executed the
foregoing instrument, and acknowledged before me that they
executedt~s-ame.
WITNESS my h~nd and official seal this ~ day
of May , 1974. :'\~:i""$':'[;~t j)
. --&~;"~;'iiP/U ,
.'~"~c ?1 .,,"
- ~-'''G;OIiIl1Iis.s;joOl't:' Explores: ..'
~ 3!1qf,iRY ...uaj5CS1"t~ o~ ;.lORID. . T LAHar ,,:+ ,>~~ ~.
.-----..\'7.~~~~1'\t.r~.MAQ. 21:'"1777 ".... '\, ~".....
-:'~~~.~~~.~'\,~..S:tl~ANr:~ U~C!IlWR!Tfl~ ...t.-:t-... ~~.::; ~.i'/
3 161 . ".;.;/~~(-~'o""~:'~:i.,\.,.",... ~...",c> ,,'~ ..'t~ ~:s ~
~E~2 08 PAGE - (2) "0j .~IO,'. '...,.'..... ,#> ~
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JUL-27-1993 1:59P1II 93-235845
ORB 781.4 pg 1824
I ...._....._
IN THE COUNTY COURT IN AND
POR PAUl BEACH COUNTY,
FLORIDA
CIVIL DIVISION
CASE NO.
MS-93-7689-RB,
MORTON GOLDSTEIN,
Plaintiff,
vs.
HUNTERS RUN GOLF & RACQUET CLUB,
Defendant.
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PINAL JUDGMBN'T
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THIS CAUSE caae ))afore the COurt for Pinal Hearing July 19,
1993, with both parties present. At pre-trial conference the
parties stipulated that $583.00 in damages were done to Plaintiff's
car. Consequently, Pinal Heal: ing went foward on the issue of
liability only.
1. Defendant operates a not for profit golf and racquet
club ("club").
2. Plaintiff went: to play cards at: the club the afternoon
of Pebruary 4, 1993. Plaintiff gave his car to the club's valet to
be parked.
3. Plaintiff returned to get his. car about 3: 30 p. m. to
4:00 p.m. He noticed that the left rear tail light had been knocked
out.
,d
>,
4. Plaintiff made a claim to Defendant for $583.00 in
damages. He brought this action when Defendant refused to pay the
claim.
5. Defendant operates a bailment for mutual benefit.
consequently, it is liable to use reasonable care to protect the
~~:.
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x
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Page 2
MS-93-7689-RB
ORB 7814 pg 1825
cars placed in its custody.
6. Plaintiff presented proof that the car was in good
repair when it was placed in Defendant's custody; that the car was
continually in Defendant's custody until it was returned to
Plaintiff's possession; 'that: the cars in Defendant's custody were
physically segregated froll other cars during the tena of bailment;
and the car was damaged ~ it was returned to Plaintiff.
7. General1 Y.
a bailee Wo bltl8 the sole, aci:ual, and exc:lusive
poss.....on. of ~. is preswae4 1;0 be neq1igent if
he canilOt explilia. ~ :loss or disappearance of the
goocJs,aJJ4', t!t*. 1_ ~es .crntti,a .t;he blU'de.'l of
showinq. t1IiJt ... ~~_ ~ degree of care
requirid 1tJ. .~_~ M UIe beU-wM:.
W-.. ~~f 1:~~ v. Cql1ec1:ion
~~f~t.5f.Sc>>.2cll)7'. 1377 CPla. 3d
DCA .1990)" qaot:Ju9;.~~q;;f!~.let:op c~
~o~~.. Y. Aqp:t ~~. Incu 295 So. 2d
370, 371 (P1a. 3e1 OCA 1974).
8. Defendant failed to present evidence rebutting the
presUlIlption of 11S91igence. lnaeed, it does not even know which
attendant parked the car.
9. Based on all the evidence preSElnted the Court concludes
that Plaintiff showed Defendant was negligent during the term of
bailment, resulting in damages to Plaintiff's car~
Based on the foregoing, it is
ORDERED ANI> AOOODGEI> that Plaintiff, KORrON GOWSTEIN,
shall recover from Defendant, HUNTERS RUN GOLF and RACQUET CLUB, the
sum of $583.00, and costs of $97.30, for a sub-total of $680.30,
that shall bear interest at the rate of 12\ a year, and in addition
pre-judgment interest of $32.01 , for all of the above let execution
issue.
DONE ANI> ORDERED in West Palm Beach, Palm Beach county,
Page 3
MS-93-7689-RB
ORB 7814 P9 1826
RECORD VERIFIED DOROTHY H WILKEN
CLEIIK OF THE COURT - PB COUNTY, FL
Florida, this ~ay of July. 1993.
ELl: '1'. HAASS
COurt Judge
copies furnished:
Horton Goldstein, 30 Brentwood Dr, Boynton Beach, FL 33436
Hunters Run, Mark Ruszc:zyJt, 3500 Clubhouse tn, Boynton Beach, FL
33436
177/3-5
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. .
GiANT OP EASEMENT
KNOW ALL ~N BY THESE PRESENTS that SUMMIT ASSOCIATES, L ., a
Plo,dda limited partnership ("Grantor"), in consideration of the
sum of ten dollars. ($10.00) and other gOOd and valuable
consideration, the adequacy and receipt of which is acknow1edqed
by the Grantor, does hereby grant to SOUTH PLORIDA PUBLIC
TELECOMMUNiCATIONS, INC., a non-prOfit corporation, of the county
of Palm Beach, State of Florida, whose post office address 1s Post
Office Drawer 6607, West Palm Beach, PL 33045 ("Grantee"), its
successors and assigns, a perpetual, non-exclusive easement,
wl~bout charge, to effect stormwater drainage of Grantee's
property, ("Giantee's Property") which is lIlore particularly
described as:
-
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A PARCEL OF LAND IN SECTION 6, TOHNSBIP 46
SOUTH, RANGE 43 BAST, PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
SECTION 6; THBNCE WITH A BEARING OF SOUTH,
ALONG THE EAST LINE OF SAID SECTION 6, A
DISTANCE OF 1783.92 FEET TO A POINT; THENCE
WITH A BEARING OF WEST, A DISTANCE OF 53.00
PEET 'l'O A POINT ON THE WEST RIGHT OF WAY LINE
OF CONGRESS AVENUE; SAID POINT BEING TIlE POINT
OF BEGINNING; THENCE CONTINUE WITH A BEARING OF
SOUTH, ALONG THE WEST RIGHT OF WAY LINE OF
CONGRESS AVENUE, SAID LINE LYING 53.00 PEET
WEST OF AND PARALLEL TO THE EAST !.oINE OJ!'
SECTION 6, A DISTANCE OF 480.00 FEET TO A
POINT; THENCE WITH A BEARING OF WEST, A
DISTANCE OF 370.00 FEET; THENCE WITH A BEARING
OF SOUTH A DISTANCE OF 111.28 FEET; THENCE WITH
A BEARING OF WEST, A DISTANCE OF 380.00 FEET TO
A POINT ON 'l'HE EAST LINE OF THE SUBDIVISION
SUMMIT PLAT NO.1, AS RECORDED IN PLAT BOOK 36,
PAGE 48-51 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDAJ 'l'BENCE WITH l\ BEARING OF NORTH
ALONG 'l'HE EAST LINE OF THB SUMMIT PLAT NO.1, A
DISTANCE OF 229.26 FEET: THERCB WITH A BEARING
OF EAST, A DISTANCE OF 380.00 FEET; THENCE WITH
A BEARING OP NORTH l\DISTANCE OF 391.09 FERT
THENCE 'WITH A BEARING OF SOUTH 850 30' 30"
BAST, A DISTANCB OF 371.14 FEBT MORE OR LESS TO
THE POINT OF BEGINNING, LESS THE EAST 7.00 FEET
THEREOF.
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by interconnection on Grantee's property with the lakes, canals
and other drainage facilities owned by or reserved by the Grantor
within the PUD Tract more particularly described as:
GO
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All those certain parcels of land which are the
subject of that certlltin "SulIIJIlit Plat No.1"
recorded in Plat Book J6, Page 48 et seq., of
the Public Records c,f pallll Beach County,
Plorida and of that certain "Summit Plat No.2-
recorded in Plat Book 37, Page 114 et seq., of
the Public Records c,f Palm Beach County,
Florida.
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~ ;t'REPARED BY AND RETURN TO:
... / PETER L. BRETON, ES'.)UIRE
an tI MOYLE, FLANIGAN, KATZ r FITZGERALD
GO 9tb Floor, Barnett Centre
625 North Flagler Drive
Post Office Box 3888
West Palm Beach, Florida 33402
& SHEEHAN, P.A.
0367B/wp
and througb said lakee, canals and other dralol1ge facilities as
the same ..y froll ti.. to tille exist, to a positive outfall into
the Lake Worcth Drainage District Canal No. L-28.
PROV1I)ED, HONEVBR, that Grantee shall have no right to enter
upon tbe POD Tract or inStall or maintain piping, conduits, or
otber drainage facilities on the POD Tract.
PROVIDED, BONBVBR, that Grantee shall promptly repair any
damage caused or occasioned by the exercise of the rights conveyed
herein.
NO'l'WI'l'BSTAllDING any.thing to the contrary contained in this
Grant of Base_nt the liability of Grantor bereunder shall be .
limited to its intere.8t in tbe lakes, canals and other drainage 1:.~..i
facilities located within the POD Tract. ,
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IN WI'lNBSS WHB.R20P, the Gr,APtor bas JUlY executed this Grant
of Ealiement this.&- day of flJawi- - , 1986. :! :". . .1....,..
Signed, Sealed and Delivered SUMMIT ASSOCIATES, LTD. ). t,
in the Presence . ",. ...
By: FJWUCBL JlANAGBME~,;'~riR;~.". Y ~
.General Parc:ner::~<~'~,.:,.. ", "~"~
By: /<}." ':", .~~ ~~~.!
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STA'l'B OF FLORIDA
COON1'Y OF PAlM BEACH}
Before me, the undersigned authority, personally appeared
~Al ~. . to me well known to be the person
aeiQilbed in ~o ~ted the foregoing instrument as
President: of 1'MNRBL'~N'1', INC., a Pennsylvania corporatlii;
theeaid :PlUUiQI[EL~, INC. being a General Part.ne "".'f
801UlI1' ASSOCYA'lBS, LTD., a Florida Umited partnership,':.." e
acknowledged before me that be ex su inat . :.,.~~',." e
free act and deed of said limited p rtne h ..'~ .. rr~
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(Seal) My cOIlllll~M ~~~,:,., . ~ H:...
STATE OF rlOm,!)A AT lAR~ ;':: ~)',".'
M'I' COMMISSlQN EXPIRES AUGUST 23.. .; ~,.::. .
IN'l'BNDIRG TO BB LEGALLY ~OOND REREBY, tbe undersi9n$!'~ for
itself and its successors and assigns, bereby ~ in this Gr.ant.
of Easement to evidence its aCJIreement to be bo and .~~
the benefit of, the terms bere.)f as of this day Of~
1986. .
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Signed, Sealed and Delivered
in the Presence Ofl
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- 2 -
STATE OF PLORIDA
COON'l'Y OF PALM BEACH
Before me, the undersigned autbority, personally
appeared ..7"~lt" ~MAJt.;k~ to lie well known to be the
person who execu ed OEegO 09 nstEWlleDt as President of
BunteE. Run PEoperty Owners Association, Inc., a PloElda not for
profit corporation, and he acknowledged before .. that he executed
tbe same as the free act and deed of said corporation.
My Commission Expires:
NOTARY puBlIC
STATE OF FLORIDA AT !J'~9ll7
loti CiOIlI~1$SION EXPIRES AUGUST .
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RECORD VERIFIED
P~LM BEACH COUNTY. FLA.
JOHN 8. DUNKLE
CLEAK' CIRCUIT COURT
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AGRBEi4BNT p.aOVIDINc HIGH LEVEL OF Cl\HAL MA;(NTEMAN~
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This Agreement entered into this the ~ day .C't'
.' Dc.. -+ 0 b <I!.... , A. D. 1978. by and between the u.KE WORTH
DWHAGB DISTRICT. hereinafter referred to as -District,- and.
SUMMIT ASSOCIA~S, LTD., a Florida limited partnerRhip, herein-
after referred to as -Developer."
It is recited as,a mattar of inf6rma~ion that the
Dev.~oper owns and is developing" lands abutting and contiguous to
--LKI!-WORTB 'DRifNAGE DISTRICT Canals No. L-29 and L-~O. said lands
being more particularly described on the sheet attached hereto
'\.. and\llade a part h"J:'80f as if recited here at len,;th.
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. lII\ SEE A'l"l'~D -EXHIBIT A.-
IQ
Said developer desires to have. Canal L-29 within said
property maintained at a higher degree and level of maintenance
normal m~intenapce given ~ La~e Worth Drainage Vistrict
It is contemplated
that the said hig,IJ level of maintenance will not only care for
the drainage and irr igatloh needs of the said property and the
said high level of
aesthetically
pleasing t~ the eye and further contemplates being beautiful~y
maintained at all times and will further requir.e the reasonable
elimination of hyacinths and other type aquatic growth with~n
said canal.
Said developer has requested of the Lake Worth Drainage
Dlstrict that it be allowed. at its sole expense. to majnt~in
,
Canal L-29 and those portions of the rights-of-way of both Canals
abutting said property. as limited herein, a~ said high degree'
and level of maintenance as set foeth he~ein~ Said developer
-assures the Lake Worth Drainage Diltrlct that the manner of
m~dH Z944PAGE 1SZe ....
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_iDt&iY1U\& .aid' cana1a ...hall 'be pursu.C:: alons sourid. engineering
. .
~~ .l~d d~~;'YpUn~._~r~~~~~~ ~d s~id. cana18sbal t not be
ob.tlnlCtecl so a. to preVent' a free flow of water through the.
..... . Any chemical ap~lication. .f herbicide. or pesticides
tp cOntrol the 'aquatic arowth in tbe waterways IllUst be ~ tbe
,y" approve~ l1stcompUed by the State of Flortda for t1uch purposes.
~.
and must be .pplied by . 'certified applicator or tbose under
hi. direction,
.. ..--:-.. ~-----'--"WUh reference to canal L-30, the parties agree that
<a) the Develop.r _y 'el1l1~inate the ~zin1ns maintenance road
runuing North af mtd paranel 'to .said Canal. However, tbe Di~'trict' s
~
..'1nt.r.ance ..sement North of 8~id-Canal shall continue to exist
l ~
but shall not be' used by the l>i"8trict mile.. mtd until the Developer,
or it. succe..ors.and/or assigns. as hereinafter provided, refuses
or neglects to perform its maintenance obligations provided for
.: -
herein with respect to L-30. The District shall be the sole judge
aa to the judg...nt decision here Lnvolved; (b) the Developer shall
gr,de, gra.. and if:Tigate (' 40 foot strip iDmediately Horth of the
top .of the bank of CanAL L-JO and running the lensth of Developer'!il
property, .se.cr1bed in Ezhibit "A," contiguous thereto; mtveloper's
maintenance obli&ation. hereunder with respect to L-30 ahall extend
'only to.thb 40 foot strip; and (c) the Developer may make a cut
!nto Canal L-;JO in order to. provide access to a marina facility
it may CODStruct upon-its property; if auch a marina facility is
. cooa.tructed, the Deva.l.oper, ita flIDccessorfl and/or assigna ahall
1I8ediately gJ:ant the District!' a 3S foot zl&l.nt~ance easement around
.... .
,,,,:.f
.
the perimeter wa~. edge of said marina an,!, in th4t event, no
structures or treea aha~l be located Upon such .eas<<ll8tl.t,
. Wit".h reference to Canal L-29, the' parties (a> hav~
ezChaoged deads relocating certain portiOl:t_ of the right-of-way
.of.L~29; and (b) the' Developer, ita succe.aors and/or asaigns, as
hereinafter proyided, al1all, perform the !DI.1ntenance required
. h~rebY with ~spect to' Canal L-2? aa relocated by said deeds and
.with re.pect: to ,the.. .portiona. of the r~gb.t-of":"way loc.ted within
it. property deact':l:bed"ou Exhibit "A' heretl).
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:~~~H m 2944 PAGE 1529
--.."'--...-....-..--..............-. ,,, --~':-.~-
Said Dev.lop.r do.... heTeby reUeve the Dlat'ri.ct of any
abliga~iOn involved inc&n41 maint~8nce within 8aid b~und.~y
;
and doe. hereby as.ume' to ..intain said canals according to
. the high' level of _intenance 4foresai4.
.~ instrument ,hall ~e iecordeu for the .pecific purpose
of notifYiDa any and all futUi:e owner. of said property within tbE:
bound. of the above .de.critied property of the contenu of this
Agr....nt and in' the event t~ .Dev.loPer or its .uccessors and/or
...~sn., f~il~, ~.fuae. or negle~t. to'matntain .aid canal. arid
..id canal righta.of-way .. con~emplated~re1n, then the Dist~ict,
~ing the 'aole judge of a.... .ball. withoUt notice, reinstaee its
normal maintenance. progl,'am ~ the Dave-Ioper s11::11 forthwith dis-
continue the work and effC!rts being put forth by the DeveloplllT fOT
the ..intenance of the can.~. ~d c8Dal r.lghts.of-_y area and said
Developer .hall vacate the .aid p=..t.... .
In consideracion of this Agreement the Developer agree.
~Q inde.mnify and hold the Distr~ct harmless of and fr~ any Los&
or liability it may .uetain by reason of Develuper's n~gligence or
failure in performing this Agreement.
This Di.trict agrees that the Developer may a.sign its
rights and oblig4tions hereunder to a property owners' or .~ilar'
as.ociation .formed to undertake certain duties and obligattons with
respect io all or portion. of the p-roperty described on Exhibit "A"
bereto'and that 8uch an assignment to a properry owners! or similar
organization shall automatically ope rat. a8 an aS8umptiua by 8aid
party of the obligations contained ~n and shall relieve the
Developer from.all oblia'l\ons hereqnder. '~e Dl~trict acknowledges
that tbe property owners' or similar associllt~on documents oy
provide that in tb. event the said associati.on fails or refuses ::0
perform its obiigadon8 hereunder, the t:hen owners of the golf
cour.... to be located, upon pordons of. the ;'rembea described in
Exhibit "A," may 8tep in and uniJertake the ;.erformaDce of such
obligations hereunder.
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IlE~CH IlfC Z 9 to J. PAGE 1..530
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Where t:he coni:ext. of thia ~9Z'e...nt a1lowo or penai t.,
. t:he Diatrict. and the Beve.lope .8hall in~l:ude the heirs, "adminis-
. ~.t:o~a ~ . .ucc.a~ora '.O:l!. .sili9fts of said parties.
IN WXTNESS' WBBRBOF, the partie. hereto have hereunto
set t.heir hands and sea1!!l this t:he I fo ~ day of (!J~ +~ b ~ y .
. ,..D. 197~',
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LAU WOR'l'tl DRAIN.lIr.GS .OJ:<n'lUC'!
By: ~t8 -$i~~~de~t ~
WITNEssn:
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{f:f~,M Seal)
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- By:
. . SUMMIT ASSOCn.~S, L'l'D.
BY: FRANKEL NANAGBMBNT, INC.,
IU GiBRBRAL PAR'l'lCER ..
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',Il.H'/fFF 29" 'S3'
BI:Al:HRft &j" PAGE 1
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STA'l'B OF FLORIDA ) .
~ '" ::...-;:~:...... On >h1o "t. ~l. _. >. .me_
I
duly authoriz.ed in- the State and County afo~esaid t.o.take acknow-
le4v-nte, pereona'Uy. appeared 'Geo'...,e M;: t'\i.An""".~ an~
:r" "'" ;, ~. ... .. . 1.... ~ ~ 0" ., well knoyn" to me to be the Pres ident
and SeCretary respectively of the cor~ratJ,ol! 7;l~. ,,~"~J)_;strlCL~"
. ~-_.........._, .......: ..--" --' . _"':'''-:'':''~--..:....l..:....L-_,,~ -
---rn .the foregouq inetrWDent, and that they severally aCknowl~qe4
,p- .~~~~C!l pre.~Dce of, two sub8Cr~~~ ..,tl;oe...llfr..~ ~d
vOlUntarily. und* authority duly v.sted i~: them by sa:O.G corporation
ana. that the aeal .affixed. ther.'tp is the true corporate seal of
,
ea14.("orporation
W:t'rNESS my hand aM official __l in the county and state
la8t aforeBaid this the I Cio i:.IL day of Dc.:"'." be r , A.D.
197& .
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My COamu.ss1on expii-~.. .t . I: .~ ../
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. . I BBRBBY CERTIFY that on this day, before me, an officer
duly authorized in the State' and County aforesaid to tok6 aCkBOW-
l~qmen~8 peiao~ally. appeared . ee N ~~o:..N~~",-' and .
~t:)eQ...O ..~, we.ll known to me to be the President
..
. ..
.,' ._,.___~: 8~~e1:_ary respectively of FRANDL MANAGEME'ft, !he., the GENERAL
P~R ot. SU!ftaT '\l\l1!.OC!~'l'BS, LTD. ruulled as "Developer". ir. t-",..
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PALM OFF Z 944 53
BEACH fit: P~.GE 1 Z
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for,o~nq in.t:%'UIlIen~..nd that 'they .."..rally .ackhowled9~
. ~~n9 the .... in th' pr..en~ of two sub4scribing witneu."
fr_ly aDd voiunt:4rily under authority duly vested inth_ by said
. '. .
..~ra~on"and .that ~ ~.l affixed thereto is the true
corporate' ..al"of -'aid c~ration.
. . WI~8S lily ~ and official seal
~'~:'~1A~i- afo~;;id-:th.ii . ~~~B7E.O"daY':Of
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in the Co~ty and Stat.
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.My co.mission expJr...
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8EACH RfC 944 PAGE t 5 3
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E)cBIBIT "A"
TO
"GRBBME~ PROVIDING HIGH LEVEL OF CANAL MAINTBNAN~..
,/
'l'he followinq lands lying in the East one-half of Section 1. Township
46 South. . Rahqe42 Bast, and in Section 6;- To"."nshlp 46"South, Range
43 Ea.t, City of Boynton Beach, Palm Beach County, Florida. and being
a replat of Chart~r World First Addition, according to th~ ~lat. thereof,
a8 reco:cded in Plat Bdok 3L page 20, Public Reco:td8, ?alm Beach C')unty,
Plorid.. 8hoWr. hereon. a8 OUllllllit Plat No.1, a 'Planned Unit Cevelopment.
being llIore partic~...arly described as follows.: "
Commencing at the Northeast corner of said Section 61 thence, South
88.00'55" West, along the North line of said Sect~~n 6, a distance of
53.03 feet to th~ intersection thereof, with the West right of way line
of Congress Avenue (a 106 Zoot road right of way), thence, South
00.00'00" East, ~10n9 said West right of way line. a distance of 4060.75 .
feet to the Point of Beginning of the herein described parcel of land:
Thence, continue South 00.00'00" East, along said Wea~-ri9ht of way
line, a distance of 1473.20 feet to the intersection thereof, with the
North right of way line of La1c:e Worth Drainage District Lateral Canal
L~30, as described in Official.Record Book 2175 at page 937, PUblic
Records, Palm Beach County, Florida; thence, South 89.45'05" West,
along said North right of way line, a distance of 5306.87 feet; thence,
North 88012'18" West, continuing along said North right of way line, a
distance of 1691. 00 feet to the intersection ther.of, with the East
line of the West one-half of the. Southeast one-quarter of the South-
west one-quarter of the Southeast one-quarter of said Section 1; thence
North 00038'27" West, a10ns said East line, a di5~ance of 570.28 feet
to the Northeast corner of the said West one-half of the Southeast
one-quarter of the Soutl~est one-quarter of the Southeast one-quarter
of Section 1; thence, North 88022'100 West, a distance of 337.84 feet
to the Northwest corner of said West one-half of the Southeast one-
quarter of the Southwest one-quarter of the Southeast one-quarter of
Section 11 then~e, South 00039'3." East, along the West line of ~he
said West one-haif of the Southeast one-quarter of the Southwest one-
quarter of the Southeast o!.e-quarter of Section 1, a distance of
569.32 feet to. the intersectio~ thereof, with the said L-30 Canal
North right of way linel thence, North 88012'l8" West, along said
North right of way line, a distance of 337.69 feet to the intersection
th8reof with the East line of the West one-half of the Southwest one-
quarter of the Southwest one-quarter of the Southeast one-quarter of
said Section 1; thence, North'OO.40'40. West. along said Bast line, a
distance of 368.36 feet to the Northeast corner of the saic West one-
half of the Sout~west ~ne-quarter of the Southwest one-quartor of the
Southeast one-quarter of Section.l; thence, North 88.22'10" West, along
the North line of the said West one-ha~f of the Southwest one-quarter
of the Southwest one-quarter of the 'Southeast one-quarter of Section 1,
a distance of 337.84 feet to the West line of the East one-half of
said Section 1; thence, North 00.41'41" West. along said West line, a
distance of 4302.43 feet to the intersection thereof wit~ the South
right of way. line of Lake Worth Drai.nage District Lat'eral Canal L-28,
as doscribed in Official Record Boo): 2175 at paqe 937, Public Records,
p'a1m Beach County, Florida; thence..' South 89030' 57" East, alo.19 said
SOUth right of way line, a distance of 2713.36 feet: thence, North
88000'55" East, continuing along sa:l.d South right of way line, a
distance of 2663.l5 feet to the Nortbwest corner of the lands as des-
cribed in Official Record Book 2308, pages 157 through 159, inclusive,
(Pa1m1and Drive), Public Record., Pe,1m Beach County, Florida; thence,
Sou~ 00.00'00" East, along the Weste line of said iands and along the
West line of the Plat of Charter WOIld, according 'to the Plat thereof,
as recorded in Plat Book 31, page 21., Public Records, Palm Beach
County, Flprida, and its southerly "t,rOlongation, a distance of 865.31
feet: thence. North 88013'31" East, along a lii1C~ 150 feet Southerly
of,. .s meallured at right angles to t.he South line of said Plat of-
Charter World, a distance of l075.6E feet to a point in the West right
of way lirte of Charter Drive No~th, as desc1lu~ in Official Record
Book 2308, page 157, Public Records, Palm Beach county, Florida:'
Page 1 of 2
PAlM OFF ~
BE.'.CH ~E 2944 PAGE 15.l~
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t:laenCQ. SOIi.th 01-46'19" ...t.. along ..14 right of way line.~ a d18-
QDCe 0'."1..00 loot.t t:hence, Nort:b "RU'31" aut, . distance of
6Cr:<<to'-fe.t to a: point in tb,e Ba.t right o~ way of said Charter Drive
.Nart:h,.. thenne. North 01-46'29" -..t. continuing. .along ..id right of
. waY.1.ine.. Ai diat:ance of .9:1..02 fee.i;l thence, lIorth UR13 '31" B!lat.
oonUnulng alQl1g' ..id right of way: .lin.. a di81;:ance of 70.n f.et,
then., NOrth 8.8 -13 ! 3.P Ba.t. continuing al.ong ..id right of way
line, adi,tance of 596.47 teet toth. Northwest C9r~ ot the lands
d~~ ln~flcial -.cord Boo~ 2,159 at: peg. 21', Publ.ic Records, .
Pala Beech Count;y, Florida: thenc., so~o.-oo'OO" Eut, along the
. .........t: line ot"~e '.for..ll1d lands, a db-t:ance ot 1002.00 f.et to the
Sou~.t corner:ot tb,. .for88ald land., tIlenee, South "-13'37" East,
.. a ~lebDo. of 245.96' t.e.t: thence. South CGROO'OO" Baat, alon~ a
liDe 750 feet _..terly of, as mea.ur-.4 at right .nqle~ to the ..id
...t: dfbt 0", .......,.-UIllJ of- COl'lg'RU- AVemAf;-"T-4t~. ~ 20li 8.711--1:"1:,
theM.., ...~t;h90-00'OO" Bast, a di.tance of 750 feet to the Point of
Jte91nning. .
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-Page 2 of 2
PALM OFf Z '. . . 3
BiAC.RfC - 944 PAGE 15 5
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