LEGAL APPROVAL
II
RESOLUTION No. 84-~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING FINAL PLAT IN SECTION 30,
TOWNSHIP 45 SOUTH, RANGE 43 EAST FOR STONEHAVEN,
PLAT NO. 2 P.U.D.
WHEREAS, a performance bond in the amount of $866,739
is being held to insure that subdivision improvements are
installed, completed and paid for in accordance with applicable
requirements, and
WHEREAS, the filing fee, the recreation fee in the
amount of $$65,448 and the administration fee in the amount of
$8,667.39 have been-paid,
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the plat is hereby resolved to have
received final plat approval by the City Council in the City of
Boynton Beach, Florida, with all conditions previously agreed
upon and subject subdivision is hereby affirmed and adopted.
Section 2. That the bond in the total amount of
$866,739 will beheld in accordance with the provisions,set forth
I in the
i Beach.
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Charter and Code of Ordinances for the City of Boynton
PASSED AND ADOPTED THIS
~ day of 117 ,19841
CITY OF BOYNTON BEACH
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II ATTEST:
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\ City C er .
, (Corn_ S0al)
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By: CA:uJ~ }~0a~/V'--'
Mayor / ~
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(' L l~~a/(ttc.....
Coun i1 :'.1ember
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council !'-lember
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ORDINANCE NO. ~/;? D
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AN ORDINANCE OF THE CITY OF BOYN~ON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 80-19 OF
SAID CITY BY REZONING A CERTAIN PARCEL -OF
LAND WITHIN THE CITY OF BOYNTON BEACH FROM,
R-2 (SINGLE FAMILY AND DUPLEX RESIDENTIAL)
TO PLANNED UNIT DEVELOPMENT WITH A LAND
USE INTENSITY OF FOUR, SAID PROPERTY BEING
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR A SAVINGS CLAUSE; REPEALING PROVISION;
AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
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WHEREAS, the City Council of the City of Boyntc;>n Beach,
; Florida, has heretofore adopted Ordinance No. 80-19, in which
;\ a Revised Zoning Map was adopted for said City, and
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H WHEREAS" the. Stonehaven Development Corporation has
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i; heretofore fi.led a Petition with the City of Boynton Beach,
H 1. . d S . 31 1 f h C d f d' f
II' F or~ a, pursuant to ect~on- 0 t e 0 eo' Or ~nances 0 1
if said City, for the purpose of rezoning certain property consistingf
I' of approximately 82 (+ or -) acres located within the municipal
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II ~imft~ of said Ci.ty, said property being more particularly
II described hereinafter, from R-2(single family and duplex resi-
!i dential} to Planned qnit Development (PUD) District with a land
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Ii use intensity of four, as more particularly set forth in said
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'i app1.i.ca tion and plans, and speci.fications relative thereto, all
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'of whLch items are now on file in the office of the City Planner;
and,
WHEREAS, the Planning and Zoning Board of the City of
I Boynton Beach, Florida, has heretofore approved said development
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: plans and specifications and has recommended approval thereof by
the City Council subject to certain conditions; and
WHEREAS, the City Council deems it to be in the best
, interests of the inhabitants of the said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section I. That the aforesaid land described in
Exhibit "A" attached hereto and made a part hereof be and the
same is hereby rezoned from R-2 (single family and duplex resi-
dential) to Planned Unit Development (PUD) with a land use
intensity (LUI) of 4.0, which intensity is determined to be
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appropriate under the circumstances represented to the City in
said app~ication, and is in conformity with the Comprehensive
Plan of the City of Boynton Beach, Florida.
Section 2_ The aforesaid Revised Zoning ~p of the
;; City shall be amended accordingly.
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Section 3. That the application of Stone haven
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Development Corporation for rezoning of the subj ect tract is
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hereby granted for the purpose of permitting the development of
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Ii said land as a. Planned Unit Development (PUD), is specifically
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in accordance with the development plans- and specifications
therefore. now on fi.I.e. with the Office of the C'ity Planner in
the Ci..ty of Boynton Beach, Florida,. and aI-I. requirements, terms,
and conditions established and set forth in the minutes- of the
Municipal. Planning- and Zoning Board,. and the City Council. of the
Ciq- of Boynton Beach pertaining: to' the review and approval. of
said: appl.ication, which minutes are hereby made a part ,hereof
. for reference- and staff,. are attached hereto as Exhibit "B"..
Accept as: ,provided herein, the applicant shall. proceed
in stri:.ct accor~ce. wi.th' all 'ordinances of the City of Boynton
I' Beach, including- but not lLmLted to its building, electrical,
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;1 plumbing, subdivision, planning and zoning codes, and all.. rul.es
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;1 and regul.ations of the State of Florida,. Department of Environ-
II mentaL Regulations. In satisfaction. of the recreation dedication
II requirements of the City Ordinances, this approval incorporates
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i! a payment by the Developer consistent with the City Planning and
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i l Zoning Board approvaL..
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; I Section 4.. That should any section or provisions of
~! this Ordinance or any provision thereof be, declared by a court of
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;; competent jurisdiction to be invalid, such decision shall. not
affect the remainder of this Ordinance.
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Section 5. All.. ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 6. This Ordinance shall become effective
; immediately upon its passage.
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FIRST READING this
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SECOND READING AND FINAL PASSAGE. this
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CITY OF BOYNTON BEACH, FLORIDA
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(, ../ /llI. ./ ~ ",}-""'/i-';(jY';.",~
VICE. MA~.aR
~,,-, r2/Mt~~
C CIL MEMBER
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EXHIBIT A
Legal Description
A parcel of land in Tracts 8 and 25, Palm Beach Farms Company,
Plat No.8, according to the plat thereof recorded in Plat
Book 5, Page 73, Public Records of Palm Beach County, Florida,
being more particularly described as follows:
Beginning at the Poi~t of Intersection of the West line of
said T~act 8 with the Southerly right-of-way line of State
Road No. 804 as shown on Road Plat Book 2, Pages 217 through
220, Public Records of Palm Beach County, Florida; thence
Easterly along said Southerly right-of-way line, a distance
of 250 reet; thence Southerly parallel to the West line of
said Tracts 8 and 25, a distance of 700 feeti thence Westerly,
parallel to said Southerly right-of-way line of State Road
No. 804, a distance of 250 reet to a point on the West line
or said Tract 25; thence Northerly, along the West line of
said Tracts 25 and 8, a distance of 700 reet to Point of
Beginning.
The easement description is as follows:
The West 10.00 feet as measured at right angle to the West
line or the above described parcel. '
5181-1
Arthur V. Strock & Associates, 1.
. m~~62548 PA~E1384
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'tC-18 express unc1er.:;tandinp, 2nd condi,tion th?t) shO'Jld 52.72 ever
be dis20L1 tir.U'2cl or abCl.ndoned for the 200';2 !-)l!C"pOS'=3) titl~ to
sace sh21l revert to and reves t 1n 1'1'1-2 s?.id (I:.:~~r( s), -t:1v:~i~
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STATE OF FLORIDA'l
"'1' DOCUMEN_TAR~~T~.MP TAXI
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Subj ect to ex~sti!lg easements or right-of-'\'7ay or
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DATED THIS
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day of
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A.D~:) l~
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I HEREBY CERTIFY, that on this day before me, an OIIlcer
duly authorized to take acknowle~gmen~s, personally ap~eared
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to me known to be the person(s) described ~n and who executed the
foregoing instrument and acknm'7ledged before me 'that th~y execute
sa",,,, this /; day.or /1.4-1 _A.D., ~~76.,..
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MY COMMIS510N EXPIR:S NOV. I' :~"",,c
eONi:>ED lHRU GENERAL INS~RANCE U.'l!)'ER..:.:~~TfRS
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NO. DATI
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en
REMARKS
BY
PALM BEACH COUNTY, FLORtDA
ENGINEERING DEPARTMENT
1-----
_= 'KNUT8RoAD , Ap.,:E.~
_"(E~R 2000 P'ROjECTE..DTRAFF'c..-~
Cc:..O~T Fa,e...s\~\-c- p...p.....,OT)-
COUNTY ENGINEER
NAMIl DATI "'. ~ I I'ROJECT NO.
1:::.. c; \-' '+R.~ -:<. l'\l \ .:::>
DRAWING
NO.
SHEET
AI'I'ROVED
DRAWN .V
TRACED ..,
QCCKID ..,
NOTDOOK NO.
OF
SHIlTS
\v
RIGHT-OF-WAY DEED
~
~
I~ If'
THIS INDENTURE made this
day of
,A.D. ,1983
between Elsie A. Winchester, et al
of the County of Palm Beach
and State of Florida
part of the first part, whose mailing address is
P.o. Drawer 1240, Boynton Beach, Florida
and City of Boynton Beach in the State of Florida,
as party of
the second part.
WITNESSETH, that the party of the first part, for and in
consideration of the sum of One Dollar and other valuable con-
siderations paid, receipt of which is hereby acknowledged, does
hereby grant, re~ise, release, quit claim and convey unto the
party of the second part, its successors and assigns forever the
following described land, situate, lying and being the County of
Palm Beach, State of Florida, to-wit:
The east 15 ft. of that part of Blobk 9 lying
south of Boynton Beach Boulevard and the east
15 ft. of Block 24, said blocks being in Palm
Beach County, Plat No.8, in Township 45 South,
Range 43 East, Section 30, as recorded on
Page 73, Book 5, o~ the records of theCle~k
of the Circuit Court of Palm Beach County.
TO HAVE AND TO HOLD THE S_~1E, together with all and singular
the appurtenances thereto belonging or in anywise incident or
appertaining, and all the estate, right, title, interest, and
claim whatsoever of the party of the first part, in law or in
equity, to the only proper use, benefit and behoof of the said
party of the second part, its successors and assigns.
IN WITNESS WHEREOF, the said part of the first part has
hereunto set hand and seal the day and year above wrltten.
Signed, sealeu and delivered
In our presence:
(LS)
(LS)
(LS)
(LS)
STATE OF
COUNTY OF
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
to take acknowledgements, personally appeared
to me known to be the person
foregoing instrument and
executed the same.
described in and who executed the
acknowledged before me that he
WXTNESS ~y hand and official seal in the County and State
last aforesaid this day of ,A.D., 19
.
NOTARY PUBLIC
My Commission Expires:
This instru~ent prepared by:
James W. Vance, City Attorney
RIGET-OF-WAY DEED
~
~~
.-')y,q
THIS INDENTURE made this
day of
,A.D. ,1983
between
of the County of
and State of
part
of the first part, whose mailing address lS
and City of Boynton Beach in the State of Florida, as party of
the second part.
WITNESSETH, that the party of the .first part, for and in
consideration of the sum of One Dollar and other valuable con-
siderations paid, receipt of which is hereby acknowledged, does
hereby grant, remise,' release, quit claim and convey unto the
party of the second part, its successors and assigns forever the
following described land, situate, lying and being the County of
Palm Beach, State of Florida, to-wit:
The west 15 feet of Lots C, D, and E of Block 8
lying south of Boynton Beach Boulevard, and. the
west IS feet o~ Lots A and B, Block 25, and the
west 15 feet of the north 100 feet of Lot C,
Block 25, said lots and blocks being in Palm
Beach County Farms, Plat No.8, Township 45
South, Range 43 East, Section 30 as recorded
on Page 73, Book 5, of the records of the Clerk
of the Circuit Court of Palm Beach County.
TO HAVE AND TO HOLD THE S&~E, together with all and singular
the appurtenances thereto belonging or in anywise incident or
appertaining, and all the estate, right, title, interest, and
claim whatsoever of the party of the first part, in law or in
equity, to the only proper use, benefit and behoof of the said
party of the second part, its successors and assigns.
IN WITNESS WHEREOF, the said part
hereunto set hand and seal
written.
of the first part has
the day and year above
Signed, sealed and delivered
in our presence:
(LS)
(LS)
(LS)
(LS)
(LS)
.
STATE OF
COUNTY OF
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
Page 1 of 2
.
to take acknowledgements, personally appeared
to me known to be the person
foregoing instrument and
he executed the same.
described in and who executed the
acknowledged before me that
WITNESS my hand and official seal
last aforesaid this day of
in the County and State
,A.E., 19
NOTARY PUBLIC
My Commission Expires:
This instrument prepared by:
James W. Vance, City Attorney
.
Page 2 of 2
RIGHT-OF-WAY DEED
THIS INDENTURE made this
day of
,A.D. ,1983
between
of the County of
and State of
part
of the first part, whose mailing address 1S
and City of Boynton Beach 1n the State of Florida, as party of
the second part.
WITNESSETH, that the party of the first part, for and in
consideration of the sum of One Dollar and other valuable con-
siderations paid, receipt of which is hereby acknowledged, does
hereby grant, remise, release, quit claim and convey unto the
, party of the second part, its successors and assigns forever the
following described land, situate, lying and being the County of
Palm Beach, State of Florida, to-wit:
The west 15 feet of Lots C, D, and E of Block 8
lying south of Boynton Beach Boulevard, and the
west 15 feet of Lots A and B, Block 25, and the
west 15 feet of the north 100 feet of Lot C,
Block 25, said lots and blocks being in Palm
Beach County Farms, Plat No.8, Township 45
South, Range 43 East, Section 30 as recorded
on Page 73, Book 5, of the records of the Clerk
of the Circuit Court of Palm Beach County.
TO HAVE AND TO HOLD THE S~1E, together with all and singular
the appurtenances thereto belonging or in anywise incident or
appertaining, and all the estate, right, title, interest, and
claim whatsoever of the party of the first part, in law or in
equity, to the only proper use, benefit and behoof of the said
party of the second part, its successors and assigns.
IN WITNESS WHEREOF, the said part
hereunto set hand and seal
written.
of the first part has
the day and year above
Signed, sealed and delivered
in our presence:
(LS)
(LS)
(LS)
(LS)
(LS)
STATE OF
ICOUNTY OF
I HEREBY CERTIFY, that on this day, before me, an officer
!duly authorized in the State aforesaid and in the County aforesaid
Page 1 of 2
to take acknowledgements, personally appeared
to me known to be the person
foregoing instrument and
he executed the same.
described in and who executed the
acknowledged before me that
WITNESS my hand and official seal
last aforesaid this day of
in the County and State
,A.D., 19
NOTARY PUBLIC
My Commission Expires:
This instrument prepared by:
James W. Vance, City Attorney
Page 2 of 2
~ .
MEMORANDUM OF AGREEMENT
WHEREAS on the day of , 1984, an
Agreement was entered into by and between BILL R. WINCHESTER AND
ELSIE A. WINCHESTER, his wife ("Winchester") and THE SATTER
COMPANIES, INC. , ( "Satter"), hereinafter referred to as the
Agreement and
WHEREAS the 'parties are desirous of placing on the
public records of Palm Beach County, Florida a Memorandum of said
Agreement; and
WHEREAS, pursuant to the terms of Agreement, Satter and
the Satter property shall receive and derive a substantial
benefit and
WHEREAS, it is the desire of the parties to make the
Agreement binding upon their respective heirs, successors, legal
representatives and assigns.
This Memorandum of Agreement is made this day of
1984 by and between BILL R. WINCHESTER AND
ELSIE A. WINCHESTER, his wife' ("Winchester") and THE SATTER
COMPANIES, INC., ("Satter"), who acknowledge the Agreement provi-
des, among other things, as follows:
1. Satter is the owner of certain real property and
improvements thereon described on Exhibit "A" hereto and
hereinafter referred to as the Satter property.
2. Satter for itself, its successors, representatives
and assigns, consents to the commercial zoning of the Winchester
Parcel, and agrees not to object should Winchester see~ any other
zoning classification and not to object to any density, lot
coverage or minimum property size that Winchester may seek.
3. This Memorandum of Agreement is prepared for the
purpose of recordation and in no way modifies the provisions of
the Agreement referred to herein-.
4. The Agreement is binding upon and it shall inure to
the benefit of the parties, their respective successors and
assigns.
IN WITNESS WHEREOF, the parties have hereto set their
hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
BILL R. WINCHESTER
ELSIE A. WINCHESTER
AS TO WINCHESTER
THE SATTER COMPANIES, INC.
BY:
Its
AS TO SATTER
STATE OF FLORIDA
COUNTY OF PALM BEACH
~
BEFORE ME the undersigned authority personally appeared
BILL R. WINCHESTER and ELSIE A. WINCHESTER, well known to me to
be the persons named in this instrument and they acknowledged
that they executed this instrument for the purposes therein
expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal this
day of
, 1984.
NOTARY PUBLIC
,.
My Commission Expires
-2-
STATE OF FLORIDA
COUNTY OF PALM B~ACH
BEFORE ME the undersigned authority personally appeared
, the of THE SATTER
COMPANIES, INC., well known to me to be person named in this
instrument and he acknowledged that he executed this instrument
for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal this _______ day of , 1984.
NOTARY PUBLIC
My Commission Expires:
..
(WI/RI-R3/3/20/84)
-3-
I'
RIGHT-OF-"\'IAY DEED
THIS INDENTURE made this
day of
,A.D.,1983~
i between Elsie A. Winchester, et al
and State of Florida
of the County of Palm Beach
part
of the first part, whose mailing address is
P.O. Drawer 1240, Boynton Beach, Florida
and City of Boynton Beach in the State of Florida, as party of
the second part.
WITNESSETH, that the party of the first part, for and in
consideration of the sum of One Dollar and other valuable con-
siderations paid, receipt of which is hereby acknowledged, does
hereby grant, remise, release, quit claim and convey unto the
party of the second part, its successors and assigns forever the
following described land, situate, lying and being the County of
Palm Beach, State of Florida, to-wit:
t
!
,
j
I
I
I
I
I
!
I
I
I
I
I
I
I
I
I
,
IN WITNESS WHEREOF, the said part of the first part has I
t hereunto set hand and seal the day and year above written.1
Signed, sealeu and delivered I
In our presence: !
,
i
(LS) I
(LS) I
(LS) I
I
(LS) I
I
I
I
The east 15 ft. of that part of Block 9 lying
south of Boynton Beach Boulevard and the east
15 ft. of Block 24, said blocks being in Palm
Beach County, Plat No.8, in Township 45 South,
Range 43 East, Section 30, as recorded on
Page 73, Book 5, of the records of the Clerk
of the Circuit Court of Palm Beach County.
TO HAVE AND TO HOLD THE SM4E, together with all and singular
the appurtenances thereto belonging or in anywise incident or
appertaining, and all the estate, right, title, interest, and
claim whatsoever of the party of the first part, in law or in
equity, to the only proper use, benefit and behoof of the said
party of the second part, its successors and assigns.
srI'ATE OF
COUNTY OF
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
to take acknowledgements, personally appeared
to ~e known to be the person
foregoing instrument and
executed the same.
described in and who executed the
acknowledged before me that he
WITNESS ~y hand and official seal in the County and State
last aforesaid this day of ,A.D., 19
NOTARY PUBLIC
My Commission Expires:
This instru~ent prepared by:
James W. Vance, City Attorney
J:':"~~ ,,)_,
RIGET-OF-WAY DE~D
THIS INDEN~URE made this
day of
,A.D. ,198~
between
of the County of
and State of
,
part
of the first part, whose mailing address is
and City of Boynton Beach in the State of Florida, as party of
the second part.
WITNESSETH, that the party of the first part, for and in
consideration of the sum of One Dollar and other valuable con-
siderations paid, receipt of which is hereby acknowledged, does
hereby grant, remise, release, quit claim and convey unto the
party of the second part, its successors and assigns forever the
following described land, situate, lying and being the County of
Palm Beach, State of Florida, to-wit:
The west 15 feet of Lots C, D, and E of Block 8
lying south of Boynton Beach Boulevard, and the
west 15 feet of Lots A and B, Block 25, and the
west 15 feet of the north loa feet of Lot C,
Block 25, said lots and block.s being in Palm
Beach County Farms, Plat No.8, Township 45
South, Range 43 East, Section 30 as recorded
on Page 73, Book 5, of the records of the Clerk
of the Circuit Court of Palm Beach County.
TO HAVE AND TO HOLD THE SAME, together with all and singular
the appurtenances thereto belonging or in anywise incident or
appertaining, and all the estate, right, title, interest, and
claim whatsoever of the party of the first part, in law or in
equity, to the only proper use, benefit and behoof of the said
party of the second part, its successors and assigns.
IN WITNESS WHEREOF, the said part
hereunto set hand and seal
written.
of the first part has
the day and year above
Signed, sealed and delivered
in our presence:
(LS)
(LS)
(LS)
(LS)
(LS)
:~TATE OF
COUNTY OF
I HEREBY CERTIFY, that on this day, before me, an officer
, duly authorized in the State aforesaid and in the County aforesaid
Page 1 of 2
to take acknowledgements, personally appeared
to me known to be the person
foregoing instrument and
he executed the same.
described in and who executed the
acknowledged before me that
WITNESS my hand and official seal in the County and State
last aforesaid this day of ,A.D., 19
NOTARY PUBLIC
My Commission Expires:
This instrument prepared by:
James W. Vance, City Attorney
Page 2 of 2
~ '....."-
RIGHT-OF-WAY DEED
THIS INDENTURE made this
day of
,A.D.,1983
between Elsie A. Winchester, et a1
of the County of Palm Beach
and State of Florida
,
part of the first part, whose mailing address is
P.o. Drawer 1240, Boynton Beach, Florida
and City of Boynton Beach in the State of Florida, as party of
the second part.
WITNESSETH, that the party of the first part, for and in
consideration of the sum of One Dollar and other valuable con-
siderations paid, receipt of which is hereby acknowledged, does
hereby grant, re~ise, release, quit claim and convey unto the
party of the second part, its successors and assigns forever the
following described land, situate, lying and being the County of
Palm Beach, State of Florida, to-wit:
The east 15 ft. of that part of Block 9 lying
south of Boynton Beach Boulevard and the east
15 ft. of Block 24, said blocks being in Palm
Beach County, Plat No.8, in Township 45 South,
Range 43 East, Section 30, as recorded on '
Page 73, Book 5, o~ the records of the Clerk
of the Circuit Court of Palm Beach County.
TO HAVE 'AND TO HOLD THE SN4E, together with all and singular
the appurtenances thereto belonging or in anywise incident or
appertaining, and all the estate, right, title, interest, and
claim whatsoever of the party of the first part, in law or in
equity, to the only proper use, benefit and behoof of the said
party of the second part, its successors and assigns.
IN WITNESS WHEREO~, the said part of the first part has
hereunto set hand and seal the day and year above written.
Signed, sealeu and delivered
in our presence:
(LS)
(LS)
(LS)
(LS)
STATE OF
COUNTY OF
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
to take acknowledgements, personally appeared
to ~e known to be the person
foregoing instrument and
executed the same.
described in and who executed the
acJ~nowledged before me that he
WITNESS ~y hand and official seal in the County and State
last aforesaid this day of ,A.D., 19
NOTARY PUBLIC
By Cormnission Expires:
This ipstru~ent prepared by:
James W. Vance, City Attorney
AGREEMENT
THIS AGREEMENT entered into this
day of
, 1984, by and between BILL R. WINCHESTER AND
ELSIE A. WINCHESTER, his wife ("Winchester") and THE SATTER
COMPANIES, INC., (" Satter") having its principal place of busi-
ness at
WHEREAS, Satter is the owner of certain real property
and improvements thereon described on Exhibit" A" hereto and
hereinafter referred to as the Satter Property~ and
WHEREAS, Winchester is the owner of certain real prop-
erty and the improvements thereon described on Exhibit "B" hereto
and hereinafter referred to as the Winchester Property~ and
WHEREAS, in order to develop its property, Satter must
cause Winchester to convey for the purpose of a road right-of-way
that portion of the Winchester Property described on Exhibit "C",
and hereinafter referred to, along with the easements hereinafter
provided for, as the Subject Parcel, to Palm Beach County~ and
WHEREAS, Winchester is;- willing to convey the Subject
Parcel to Palm Beach County, Florida for purposes of a road
right-of-way should there be. compliance by Satter with the terms
and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants
and conditions herein contained, and Ten Dollars ($10.00) and
other
good
and
valuable
considerat,ion,
the
receipt
and
sufficiency of which are hereby acknowledged, the parties hereto
hereby agree as follows:
1. PUBLIC ROAD. Provided Satter is not in default
hereunder,
winchester shall convey the Subj ect Parcel
to Palm
.
Beach County, Florida as such other government entity as may be
appropriate for the limited purposes of use as a public road and
shall grant easements therein for the installation and main-
tenance of water and sewer lines on the following terms and
conditions:
A. Prior to commencing construction and to the
posting of the bond hereinafter provided for, Satter shall submit
to Winchester for Winchester I s review and approval, plans and
specifications for the construction of the road, which shall
include a provision for the construction of curb cuts and turn
outs at the locations designated by Winchester subject, however,
to approval by the appropriate government agency.
B. Prior to commencing construction, Satter shall
cause to be issued a completion bond and a payment and perfor-
mance bond for all Satter's work hereunder, qualifying under
713.23, Florida Statutes, in which Winchester shall be designated
an Obligee, reasonably satisfactory to Winchester and acceptable
to the government agencies having jurisdiction with respect
thereto. Conveyance of the Subject Parcel shall be for the
limited purpose of the construction, maintenance and use of the
Subject Parcel as a public road and easements shall be granted
therein for the installation and maintenance of the water and
sewer improvements contemplated by this Agreement.
C. prov ided Sa t ter is not in de fa ul t under the
terms of this Agreement, within ten (10) days after Satter's full
performance of its obligations under paragraphs A. and B. above
and paragraph 4. below, Winchester shall execute and cause to be
delivered in escrow to Zeihe~ and Schroeder a deed of the Subject
Parcel to Palm Beach County, Florida or other appropriate govern-
ment entity and easement deeds for the express and limited pur-
poses set forth in subparagraph B. above.
D. Provided Satter is not in default hereunder,
the deed shall be released from escrow and delivered to the gran-
tee upon completion of the road, sewer line and water line
construction contemplated hereby and acceptance of same, without
reservation; by the appropriate government agency. Sho~l~
Satter, at anytime, default hereunder or should the road, water
line or sewer line not be completed and accepted by the
appropriate government agency as- and when required hereby, then
the escrowed deed shall be returned to Winchester upon demand by
Winchester whereupon Winchester shall have no further obligation
hereunder.
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E. Satter, at its sole cost and expense, shall
commence construction of the road within three (3) months of the
date of this Agreement.
F. Satter's road construction' shall include the
completion of Knuth Road to a point at least one thousand (1,000)
feet south of the intersection of Knuth Road with State Road 804.
G. Construction of the road and installation of
the water and sewer line contemplated hereby must be completed
and accepted by the appropriate government agency, without reser-
vation , within twelve (12) months after commencement of road
construction.
2 . WATER LINE.
A.
Satter
sha II
construct
or
cause
to
be
constructed, wi thin the easement area wi thin the Subj ect Parcel
along the west right-of-way line a sixteen (16), inch water main
which shall, after connecting with the City of Boynton Beach,
Florida's water main in State Road 804, run south through the
Subject Parcel a distance of at least one thousand (1,000) feet.
B. The plans and;-specifications for the construc-
tion of the water line shall be subject to the prior review and
approval of Winchester and shall include a provision for two (2)
eight (8) inch by sixteen (16) Tees and two (2) eight (8) inch
valves, which shall be included in the plans and specifications
-
and shall be built at Satter's sole cost and expense, except as
provided in subparagraph C. below. Said plans and specifications
shall be submitted for Winchester's approval along with those
provided for in paragraph 1.A. above.
C. Upon completion of construction of the water
line, as evidenced by its acceptance by the applicable and
appropriate government authority without reservation, Winchester
may, but shall not be obligated to, pay some portion of the cost
of said construction and, upon any such payment, Satter will, in
writing, acknowledge Winchester's payment of said amount of the
construction cost.
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.\
3. SEWER LINES.
A. Satter shall, at its sole cost and expense,
construct an eight (8) inch gravity sewer line in the easement
below the crown of Knuth Road, which shall be connected to the
system of the City of Boynton Beach, Florida, and shall run to
the property line of the Winchester Property, shall terminate in
a manhole and shall run to a point no further south than the
south property line of the property commonly referred to as the
Gallo property.
The sewer line shall have a pipe invert eleva-
tion of no less than six (6) feet.
Plans and specifications for
this work shall be submitted for Winchester I s prior review and
approval along with those provided for in paragraphs I.A. and
2.B. above.
B. Sa,tter shall, at no expense to Winchester,
construct, install and cause to be accepted by appropriate
government agency, without reservation, a gravity sewer line to
the north of and adjacent to State Road 804.
Satter shall build
said gravity sewer line from the existing City of Boynton Beach
sewer line, in the vicinity Qf the intersection of Congress
Avenue and State Road 804, westerly to a point on the westernmost
edge of the proposed intersection of the Mall access road and
State Road 804. The gravity sewer line contemplated hereby shall
be built and designed in accordance with the requirements of
applicable government authority.
C. Satter hereby releases and waives any claim
Satter, its successors or assigns, may have for credits, charge-
back or other form of reimbursement or chargeback against
Winchester, or Winchester"s successors or assigns, resulting
directly or indirectly from Satter I s installation of the s~wer
,"
line provided for herein or the oversizing of same.
4. CONSENTS REGARDING WINCHESTER PROPERTY.
A. Satter hereby consents to the commercial
zoning of the Winchester property and agrees not to object should
Winchester seek any other zoning and not to object to any density
Winchester may seek. Satter also consents to such lot coverage
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or minimum property size requests that Winchester may submit to
applicable government agencies with respect to the Winchester
Property.
Any provision hereof to the contrary notwithstanding,
Satter shall not commence construction until 'Satter shall obtain
and deliver to Winchester a consent and agreement to be bound by
the provisions of this paragraph 4.A. to the same ext~nt as
Satter, executed by the record title holders to the property
generally know as the Gallo property, which consent shall be in
recordable form and shall be binding upon the heirs, legal repre-
sentatives, successors and assigns of the owners of, the Gallo
__ Property.
B. Prior to commencing construction, Satter shall
-=
1 ikewise obtain and provide to Winchester with respect to the
Winchester Property, written acknowledgment from the County of
Palm Beach, Florida and the City of Boynton Beach, Florida to the
effect that credit shall be given to Winchester for its con-
veyance of the Subject Parcel in accordance with the terms and
conditions hereof, with respect to calculations for density, lot
coverage and minimum property sL~e requirements.
C. Prior to commencing construction, Satter shall
--
likewise obtain written, unconditional, consent or agreement, in
form reasonable satisfactory to Winchester, from the City of
Boynton Beach, Florida to the commercial zoning of the Winchester
Property without regard to the annexation of same into the City.
Said consent shall be in recordable form.
D. Prior to commencing construction, Satter shall
obtain the written waiver of the City of Boynton Beach with
respect to any present or future claim against Winchester or
Winchester',s successors or assigns for chargeback, credit, _ or '"
other form of collection, charge or reimbursement directly or
indirectly with respect to the sewer line to be installed by
Satter pursuant to this Agreement.
5. INDEMNIFICATION. Satter agrees to defend, pay,
indemnify,
save
free and harmless Winchester,
jointly and
severa11y from and against any liability, claims, demands, fines,
-5-
suits, actions, proceedings, orders, decrees and judgments of any
kind or nature by or in favor of anyone whomsoever and from and
against any and all costs and expenses, including attorney's
fees, resulting from or in connection with loss of life, bodily
or personal injury or property damage arising directly or
indirectly out of or from or on account of any occurrence in,
upon, at, or from the Subj ect Parcel occasioned in whole or in
part by the use and occupancy of same or construction thereon or
, ,mu________.
the use or occupancy of or work on the Winchester Property or
Subject Parcel resulting directly or indirectly from or during or
in any-way related to the construction of the road, water line,
or sewer line contemplated hereby. This indemnification and hold
harmless provision shall be deemed to extend to any such claims
or matters occurring on Winchester's Property in conjunction with
the construction of the road, water line, or sewer line and
Satter shall give prompt notice to Winchester of any such mat-
terse
6. LIENS. The parties hereto recognize the importance
of precluding the filing, or continued existence, of any liens
against the Subject Parcel or Winchester Property. Accordingly,
should Satter, its agents,. contractors, or employees cause or
allow a lien to be filed against the Winchester Property or the
Subject Parcel, then Satter shall take such action as may be
necessary to cause the lien to be removed as an encumbrance upon
such property wi thin ten ( IO ) days after the recording of said
lien.
A breach of the requirements of this paragraph shall
constitute a material breach of this Agreement.
In the event of
such a breach Winchester may, in addition to any other remedies
available to it under this Agreement or otherwise, pay such ~ums
. .
or take such actions as may be required to remove the encumbrance
from the title to the property in question and said sum along
with all costs, including attorneys' fees incurred, shall become
legally due and payable from Satter to Winchester, on demand, and
shall accrue interest at the highest rate allowed by law.
7.
ATTORNEYS' FEE.
In connection with any litigation
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arising out of this Agreement, the prevailing party shall be
entitled to recover all costs incurred, along with reasonable
attorneys' fees.
8. INTEGRATED AGREEMENT. This Agreement contains the
entire Agreement and understanding between the parties with
respect to the subject matter hereof and no representations, pro-
mises~ agreements, or understandings, written or oral, not con-
tained herein shall be of any force or effect.
No change or
modification to this Agreement shall be valid or binding unless
it is in writing and signed by the parties hereto.
9. NOTICE. Any notice or other conununication given
hereunder, or in connection herewith, shall be sufficiently given
if mailed by United States mails, certified mail, postage pre-
paid, return receipt requested and addressed as follows:
To Winchester:
Mr. Bill R. Winchester
Post Office Box 1240
Boynton Beach, Florida 33435
With copies to:
Zeiher and Schroeder
Poat Office Box 11719
Fort Lauderdale, Florida 33339
To Satter:
Mr. Robert Satter
The Satter Companies, Inc.
2330 South Congress Avenue
West Palm Beach, Florida 33406
With copies to:
Ms. Sherry Lefkowitz Hyman
General Counsel
Senior Vice President
The Satter Companies, Inc.
2330 South Congress Avenue
West Palm Beach, Florida 33406
or such other address as shall be furnished in writing by either
party to the other, and any notice or .conununication so given
shall be deemed to have been given three (3) days after the date
so mailed.
10. SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon and shall inure to the benefit of the parties and
their respective personal representatives, heirs, successors and
assigns.
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11. INSURANCE. Satter agrees to secure and keep in
force from and after the date hereof, and until completion of the
public road, water line and sewer line and delivery of the deed
to the Subject Parcel to Palm Beach County, at Satter's sole cost
and expense, comprehensive general liability insurance on an
occurrence basis with minimum limits of liability in an amount of
Three Million Dollars ($3,000,000.00) for bodily injury, personal
injury or death and $500,000.00 with respect to damage to prop-
erty. ,All/comprehensive general liability insurance to be pro-
\ .'
,-
cured by Satter shall be issued in the name and for the benefit
of Winches1:-~r, its designees and Satter by one or more respon-
sible insurance companies satisfactory to Winchester and licensed
to do business in Florida.
Said comprehensive general liability
insurance policy shall specifically insure Satter's liability
under paragraph 5. hereof.
The policy shall contain the
following endorsements:
,----------
A. That such insurance may not be cancelled or
amended with respect to Winchester except upon fifteen (15) days
prior written notice from the .insurance company to Winchester
sent by certified or registered mail~
B. That Satter shall be solely responsible for
the payment of all premiums under the policy and that Winchester
shall have no obligation for the payment thereof~
C. That in the event of payment of any loss
covered by the policy, Winchester shall be paid first by the
insurance company for its loss, and
D. An express waiver of any right of subrogation
by the insurance company against Winchester, Satter hereby
expressly waiving any such right of subrogation for any reaso~ or
- -
occurrence whatsoever.
Satter agrees to deliver to Winchester,
certificates or memoranda of insurance of all policies of
insurance procured by Satter wi thin ten (10) days of the incep-
tion of the policy, and at least ten (10) days prior to the
expiration of any policy.
Satter shall deliver to Winchester
certificates or memoranda of insurance evidencing the renewal
-8-
thereof.
The minimum limits of any insurance coverage to be
maintained by Satter hereunder shall not limit Satter"s liability
under paragraph 5. hereof.
IN WITNESS WHEREOF, the parties have hereto set their
hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of~
BILL R. WINCHESTER
AS TO WINCHESTER
ELSIE WINCHESTER
THE SATTER COMPANIES, INC.
BY:
Its
AS TO SATTER
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MAS/dr
(WI:Il-I9/3/20/S4/4)
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