APPLICATION
RlJr-nI~,T"PD
r-i\,"_! '!,. 'f..&....J
'~0V ;>3 1984
PLANNll'~G DEPT.
PA~MOUNr ENGINEERING GROUP
350 Camino Gardens Blvd., Boca Raton, Florida 33432/ (305) 395-2736
-
Orlando, Florida. New York, New York. Rochester, New York. Silver Spring, Maryland
fIG 48 0 1
November 21, 1984
Mr. Carmen Annunziato
City of Boynton Beach
Planning Department
120 N.W. Second Avenue
Boynton Beach, Florida 33435
RE: THE LAKES OF HYPOLUXO
Dear Carmen:
Per our conversation this morning, I am enclosing two (2) prints of
The Lakes of Hypoluxo site plan which has been revised to show 55'
lot frontages per your recommendations, Please review this document
and contact me at your earliest convenience with any suggestions or
comments you may have. It is our desire to begin preparation on the
preliminary and final plat documents and to begin submittal of those
documents to the city as soon as possible.
Thank you for your assistance on this matter. If you should have
any questions, please call me at your convenience.
Very truly yours,
PARAMOUNT ENGINEERING GROUP, INC.
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Hurst, P.E.
CVH/kb
Enclosures: A/S Above
CC: Dick Whalen
Engineers
Architects
Planners
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SEPTEMBER, 1984
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PREPARED BY
PARAMOUNT ENGINEERING GROUP
BOCA RATON, FLORIDA
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THE SUBJECT PROJECT IS A PROPOSED pun LOCATED ON THE SOUTH
SIDE OF HYPOLUXO ROAD, WEST OF CONGRESS AVENUE. ATTACHED
TO THIS REPORT, AS PART OF THE PUD SUBMITTAL, IS A MASTER
STORMWATER MANAGEMENT PLAN. THIS STORMWATER MANAGEMENT
PLAN HAS BEEN DESIGNED BASED ON THE EXISTING CONDITIONS
ON THE SITE WHICH ARE LISTED BELOW.
1). CANAL WATER ELEVATIONS ADJACENT TO THE SITE OF 9.0,
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2). A 25-YEAR ELEVATION OF THE LAKE WORTH DRAINAGE
DISTRICT L-18 CANAL ON THE NORTH EDGE OF THE PROJECT
OF 12.5.
3). THE TOPOGRAPHIC INFORMATION SHOWN ON THE SURVEY INCLUDED
IN THE SITE PLAN SUBMITTALS.
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BASED UPON THAT INFORMATION, THE MINIMUM ROAD ELEVATION WAS SET
AT THE 25-YEAR FLOOD ELEVATION OR APPROXIMATELY 12.5. THIS
WOULD ENABLE THE PROJECT TO BE CONSTRUCTED WITHOUT NEED OF A
FLOOD GATE ON THE DISCHARGE. 100-YEAR STORM CALCULATIONS WERE
THEN PERFORMED USING THE MINIMUM ROAD ELEVATION OF 12.5 AND
USING A LAKE-MAINTAINED WATER ELEVATION OF 9.0 WHICH WILL MATCH
THE EXISTING WATER TABLE ON THE SITE. THIS WATER TABLE ELEVATION
SHOULD ALSO FALL WITHIN THE GUIDELINES OF THE SOUTH FLORIDA WATER
MANAGEMENT WITH RESPECT TO MAINTENANCE OF EXISTING GROUND WATER
TABLE ELEVATIONS. COPIES OF THE DRAINAGE CALCULATIONS ARE ATTACHED
IN THE APPENDIX TO THIS REPORT. THESE CALCULATIONS HAVE PLACED THE
FINISHED FLOOR ELEVATIONS OF THE UNITS ON THE SITE AT 15.0.
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AS CAN BE SEEN FROM THE MASTER STORMWATER MANAGEMENT PLAN,
THE SITE WILL DRAIN INTO CATCHBASINS LOCATED WITHIN THE
ROAD TRACTS ON THE SITE AND THENCE INTO A SERIES OF LAKES.
THE LAKES WILL BE INTERCONNECTED AND A CONTROL STRUCTURE
WOULD BE CONSTRUCTED AT THE EXTREME NORTH END OF THE PROJECT
TO LIMIT DISCHARGE FROM THE PROJECT TO APPROXIMATELY 1.94 CFS
DURING THE 25-YEAR FLOOD EVENT. THIS IS BASED UPON THE LAKE
WORTH DRAINAGE DISTRICT'S RECENT CRITERIA OF 70 CFS PER SQUARE
MILE ALLOWABLE DISCHARGE.
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THE ABOVE INFORMATION IS INTENDED TO BE SUFFICIENT TO ALLOW A
REVIEW OF THE PROJECT WITH RESPECT TO ITS DRAINAGE. ADDITIONAL
DESIGN INFORMATION WOULD BE AVAILABLE AND SUBMITTED AT THE TIME
OF THE PRELIMINARY PLAT SUBMITTAL FOR THE PROJECT ALONG WITH
CONSTRUCTION PLANS.
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CHRISTOPHER V. HURST, P.E.
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PREPARED BY:
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I. ESTIMATE EXISTING AVERAGE ELEVATION:
FROM SURVEY BY EWING & SHIRLEY, TfHE SUM OF POINTS
INDICATE AN AVERAGE ELEVATION OF 12.4'
II. CALCULATE 10Q-YEAR, 72-HOUR RAINFALL DEPTH:
FROM CHART GET 15.5" X 1.359 = 21"
III. CALCULATE CUMULATIVE WATER STORAGE:
DEPTH TO WATER TABLE = 3.4'
THEREFORE STORAGE IS 8.32"
TOTAL PAVEMENT:
TOTAL LAKE AREA:
TOTAL SLAB AREA:
TOTAL IMPERVIOUS AREA:
TOTAL AREA:
1.68 ACRES
1.51 ACRES
3.56 ACRES
6.85 ACRES
17.70 ACRES
IV. IMPERVIOUS PERCENTAGE:
6,85/17.7 = .387 = 38.7%
V. CALCULATE ABSTRACTION - S
S = 8.32 (1-.387) = 5.1
VI. CALCULATE RUNOFF - Q
Q _ (p_.~~)2 (21-('2)~ 399.2
- -P+. = ~ = ~ = 15.92"
VII. CALCULATE 100-YEAR VOLUME RUNOFF:
15.92/12 X 17.7 = 23.48 ACRE-FEET
SET HOUSE SLAB IS 15.0'
MAINTAIN LAKES AT 9.0'
THE LAKES STORE VERTICALLY ABOVE 9.0'
DEVELOPED SITE GRADING VARIES LINEARLY FROM 12.5'
GREEN AREA AROUND LAKES STORE FROM 9.0' TO 15.0'
PAGE 1 OF 2
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TESTING LAB OF THE PALM BEACHES. INC.
P. 0, BOX 211
421 SOUTH H, STREET
LAKE WORTH. FLORIDA 33460
585-.7516
ASPHALT, , . CONCRETE. . . MATERIALS
September 18, 1984
84/357TL
Contemporary CoIllIIUIli ty Concepts Corp.
5601 Corporate Way - Suite 416
West P~ Beach,Florida 33407
Attention: Mr. Dick Whalen
Ref: Test Borings - Hypoluxo Road
West of Congress Ave.
Dear Mr. Whalen:
In accordance with your direction, we have performed standard penetration tests
at the location and to the depth requested by you.
This report is not a recoTIUl1endation of fOlmdation conditions or bearing value to
be expected. This office was not retained to make such a recorrunendation on this
site.
The logs of same are herewith submitted. It is our nnderstanding that your
Engineers will evaluate this data.
Should there be any question in regard to this report, please contact this office.
Very tTIlly yours,
TESTING LAB OF 11IE PAIM BEAGIES,INC.
"
JOM Adair, P.E.
E.Victor Brynteson, General Manager
JNPJB/ac
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TESTING LAB OF THE PALM BEACHES. INC.
p, 0, BOX 211
AZI SOUTH H STREET
LAKE WORTH. f'LORIOA
585-7515
ASPHALT. . . CONCRETE. . . MATERIALS
TEST BORING:
Per Clients Location
BORING No,
B-1
.LIIY. Sample, Blo.n
.,.PTH ..ENETRATION BLOW. "~R I"OOT
FT, D~.CRI..TION 01" "'AT~RIAL.
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....L. 10 aD 30 .0 50 110 70 80 eo tl" tl"
1 0'-1' Gray medilnn fine sand wIth roo s 1 2
2 2 4
3 1'-5' Light brown r; r;
4 meditnn fine sand C; r;
5 r:;, ~
6 5 ,_ 0' LIght brown med.ltnn tIne sar d -
3 5
7 61-8' Dark brown -C; 5
8 meditnn fine sand 5 5
9 81-10' Brown meditnn 5 4
10 fine sand 4 4
11
12 101 End of Boring
13
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PROJECT LOCATION Hypo1uxo Road - West of
CLIENT Contemporary Community Concepts
TECHNICIAN GP G RF
CASING DATA Hollow stern auger
SAMPLER DATA 21 sPlit spoon.2"Q,D.
Flat
Congress Ave.
Corp .
DRILL NO.
102
DATE
JOB NO. 84/3Sm
9/17/84
TYPE OF TERRAIN
In accordance wIth ASTM-D 1586
SURFACE MATERIAL Light brown medium fine sand
. Wlth grass
Water table = 4'
R E MAR KS: These st~nd~rd penetr~tion tests ~re represenl~liYe of ~nd ~pply only to the p~rticul~r and ellitclloca',on ollhe borings,
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TESTING LAB OF THE PALM BEACHES. INC.
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p, 0, BOX 21t
..21 SOUTH H STREET
LAKE WORTH, ,.LORID"
565-7515
ASPHALT, . . CONCRETE. . . MATERIALS
TEST BORING:
Per Clients Location
BORING No,
B-2
.LEY.
p.rTH Pf:NETRATION BLOWS PI:" ,.OOT Sampler Blowe
FT,
"f, Dl:aC'UPTION 0,.. MATt:R'AL
"".L. 10 20 30 .0 50 60 70 eo 1t0 8" 6"
1 0'-1' Gray medium fine sand with !>mal ro pts 1 1
2 3 5
3 I' -5' Light brown 4 4
4 medium fine sand 4 4
5 5'-5~' LiQ'ht brown medhnn fine sa I1d 3 3
6 5!1-6' Dark brown medium fin ~ sa ld - 3 -S-
7 0 5 7
8 6'-10' Brown medium - 9 9
9 fine sand 7 7
10 7 7
11
12 10' End of Boring
13
14
15
16
17
18
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23
24
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PROJECT LO'CATION Hypo1uxo Road - West of Congress Ave.
CLIENT Contemporary Cornrmmity Concepts Corp.
TECHNICIAN r,P & RF
CASING DATA
SAMPLER DATA
DRILL NO,
102
JOB NQ. ~4/55/1L
DATE 9/11 /84
TYPE OF TERRAIN
1b11ow stem auger
7' <:;['1; t ~()()n, 2"0. D. in accordance with ASIM-D 1586
Flat SURFACE MATERIAL Light brown medium fine sand -
. Wlth grass
Water table = 3!'
R E MAR KS: These st.,"d~rd penetration tests itre representative of ~nd ~pply only to the p~rticul~r ~nd exactlocalton 01 the borings,
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TESTING LAB OF THE PALM BEACHES. INC.
p, 0, BOX 211
..21 SOUTH H STREET
LAKE WORTH, ..-LORIDA
585-"75 H5
ASPHALT, , . CONCRETE. . . MATERIALS
TEST BOR I NG: Per Clients Location
BORING No,
B-3
.Lay.
.,....T" PIEN lET"" T ION .LOW. PIE" f'OOT Sempler Blows
,.T.
I'f, DI:.C"'PTlON Of' MATI:IIlIAL
".L.. '0 20 30 .0 50 60 70 .0 eo e- 8"
1 o '-I' Llght gray medltnn fine sand Wlt 1 SIT arT "oot :; 1 1
2 2 4
3 1'-5' Light brown 4 4
4 meditnn fine sand 4 4
5 3 2
6 5'-8' Dark brown - 3 4
) 7 meditnn fine sand 3 3
8 5 -S-
9 8'-10' Brown meditun 6 7
10 fine sand 7 7
11
12 la' End of Boring
13 -
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15 - -'
16
17
18
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32
33
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PROJECT L<:i~ATION Hypoluxo Road - West of Congress Ave.
CLIENT u:>ntemporary COJIllIIllIllty COncepts COrp.
TECHNICIAN GP & RF
CASING DATA
SAMPLER DATA
DRILL NO,
102
DATE
JOB NO, ~4/ j':J/ lL
q/17/R4
TYPE OF TERRAIN
Hollow stem auger
2'~]jt s.:poon,2"O.D. in accord nce with AS1M-D 1586
Flat SURFACE MATERIAL Light brown meditun fine
Water table = Z' 8" ' wlth heavy bTIlSh
sand
R E MAR K S: These standard penetration telts are representative of and apply only fo the parlicular and exact locafton 01 the borings,
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TESTING LAB OF THE PALM BEACHES. INC.
, P. 0, BOX 21t
A21 SOUTH H STREET
LAKE WORTH, FLORIDA
565,75t5
;
ASPHALT, . . CONCRETE. . . MATERIALS
B-4
.LIIY.
TEST BORING:
Sampler _
PROJECT LOCATION Hypoluxo Road - West of Congress Ave.
CLIENT Contemporary Community Concepts Corp.
TECHNICIAN r,p & RF
CASING DATA lbllow stem auger
SAMPLER DATA 2'split spoon,2"O.D. in
TYPE OF TERRAIN Flat
,.T,
O.-P'TH
,.f.
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1 q
20
21
22
23
24
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Per Clients Location
BORING No,
DIESClll~TION Of' MATIEIlIAL
~t:Nt:TRATION SLOW. PIEIl f'OOT
10 20 30 .0 SO eo 70 eo eo
e- ll"
0' -11 Very dark brown medium fine san 1 wi Lh slnall roo s
1'-51 Light brown
medium fine sand
1 1
2 3
3 3
4 5
3 3
2 2
2 2
5 5
6 6
6 6
5'-8' Light brown
medium fine sand
8' -10' Brown medium
fine sand
10' End of Boring
--.
---
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DRILL NO.
102
JOB NO 84'357TL
DATE 9717/ 4
accordance with AS1M-D 1586
SURFACE MATERIAL
Water table = 2'
Heavy brush
R EMA R K 5: These stilndilrd penetriltion tests are representative of ilnd ilpply only to the pilrticulilr and eXilct 10Cill,on of the borings,
;
TESTING LAB OF THE PALM BEACHES. INC,
)
I
, p, 0, BOX 21 1
0421 SOUTH H STREET
LAKE WORTH, ..-LORIDA
585,7515
;
ASPHALT. . . CONCRETE. . . MATERIALS
TEST BORING: Per Clients Location
BORING No, B- 5
.Ley.
oePTH PENETRATION .LOW. PIER FOOT Sampler IlIowa
FT,
Ff. DlEaCRIPTION 01" MATIEIUAL
M_L. '0 2.0 30 .0 50 eo 70 80 eo I" 6"
1 0' -1 Gray meallnn tlne sand wlth smal rc pts 1 2
2 3 5
3 1'-5' Light brown 5 4
4 medilDTI fine sand 4 4
5 4 4
6 5'-6' Light :l ~
brown medilDTI fine SaT: 4 5
7 4 3
8 6'-10' Brown medilDTI 3 3
9 fine sand 4 4
10 4 4
11
12 la' End of Boring
13 -
14
15 - -,
16
17
18
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21
22
23
24
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26
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28
29
30
31
32
33
34
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37
38
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f--- !
40 I
PROJECT LOCATION Hypo1uxo Road - West of Congress Ave.
CLIENT Contemporary Comrmmity Concepts Corp.
TECHNICIAN r,p & RF
CASING DATA
SAMPLER DATA
Hollow stem auger
2' ~1 it s:poon,2nO.D. in accordance with ASfM-D 1586
Flat SURFACE MATERIAL. Light brown medium
with grass
DRILL NO.
102
JO.fJ Nn' 84/3571'1
DATE 9 17 84
fine sand
TYPE OF TERRAIN
Water table = 41
R EMAR K 5: These standard penetration tests are represent.tive of and apply only to the particular and exact loc;al.on of the borings.
:;
TESTING LAB OF THE PALM BEACHES. INC.
:>
I
P. 0, BOX 211
0121 SOUTH H STREET
LAKE WORTH, FLORID'"
555-7515
;
ASPHALT, . , CONCRETE. . . MATERIALS
TEST BORING:
Per Clients Location
B-6
BORING No.
IlL.V.
O.-PTH PENETRATION .LOWS Plllt ,.OOT s..mpler Blowo
"T,
,.T. DIlSC'UPTlON 0,. MATIl.UAL
".L, '0 20 30 ..0 SO 60 70 .0 so e" 8"
1 0'-1' Gray medium fine sand with ;mal · rc pts I 1 3
2 I' -5' Light brown --~,
3 4
3 medium fine sand 4 4
4 4 4
5 4 5
6 5'-6' Light brown medium f1ne san -
5 5
7 6'-8' Dark brown e 4 4
8 medium fine sand 4 4
9 8'-10' Brown medium 5 5
10 fine sand 5 5
11
12 10' End of Boring
13 -
14
15 - _.
16
17
18
1q ,-
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21
22
23
24
?C;
26
27 -- --
28
29
30
31
32
33
34
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37
38
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-
40 I
PROJECT LOCATION Hypo1uxo Road - West of Congress Ave.
CLIENT Contemporary Cofi1ll1l1Jlity Concepts Corp.
TECHNICIAN r,p & RF
CASING O"'TA Hollow stem auger
SAMPLER D"'TA 2'split spoon,2"O.D. in accordance with ASIM-D 1586
TYPE OF TERRAIN Flat SURFACE MATERIAL Light brown medium
with grass
DRILL NO,
102
OATE
JOB NO, 84/357TL
9117 IR4
fine sand
Water table = 4'
R E MA R K 5: These stAndArd penetrAtion tests Are representAtive of and Apply only to the particula r and exact locahon of the borings.
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TESTING LAB OF THE PALM BEACHES. INC.
P. 0, BOX 211
""'21 SOUTH H STREET
LAKE WORTH, ,.LORIDA
565,7515
ASPHALT, . . CONCRETE, . . MATERIALS
TEST BORING: Per Clients Location
BORING No, B-7
.LIIV.
P.~T" Pf:NETAATlON .LOW. PI[A I"OOT Sampler Blowa
~T,
~f, Df:.C"'PTlON 01" MATI[AIAL.
".L. 10 20 30 "0 !l0 60 70 .0 .0 tI" II"
1 1 1
2 01-51 Light brown 2 2
3 meditDll fine sand 3 3
4 4 4
5 4 4
6 51-b LIght brown medItDll :t1ne - 4 4
san
7 6'-8' Dark brown 0 6 'S-
8 meditDll fine sand 5 6
9 8'-10' Brown meditDll 6 6
10 fine sand 6 6
11
12 101 End of Boring
13 -
14
15 - --
16
17
18
lQ -
20
21
22
23
24
?<;
26
27 -- --
28
29
30
31
32
33
34
1~
)()
37
38
~ --
I
-
40 I
PROJECT LOCATION Hypoluxo Road - West of Congress Ave.
CLIENT Contemporary ColTDllini tv Concepts Corp.
TECHNICIAN r;p & RF DRILL NO, 102
CASING DATA Hollow stem aUjifer
SA....PLER DATA 21 split spOon.2 O.D. in accordance with AS1M-D 1586
TYPE OF TERRAIN Flat SURFACE MATERIAL Light brown mediun fine
Water table - 4!" WIth grass
DATE
JOB NO. 84/357TL
9/17/84
sand -
R E MAR K 5: These st~nd~rd penetr~tion tests ~re represent.tive of and ~pply only to the pilrtiCU'ilr and ellaclloCiI"on of the borings,
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TESTING LAB OF THE PALM BEACHES. INC.
P 0, BOX 2 I'
.4:U SOUTH H STREET
LAKE WORTH, ...LORIDA
585.7515
ASPHALT. . . CONCRETE. . . MATERIALS
TEST BORING:
Per Clients Location
B-8
BORING No,
KLaV.
DePTH ~E:HE:TR"'T10N .LOW. ~I[" FOOT S.mpler Blowa
,.T.
,.T. DE:.C"I~IOH 0,. MATI[RIAL
M_L. 10 20 30 .0 110 60 70 .0 80 I" S"
1 I 1 1
2 0'-5 ' Light brown 3 4
3 medium fine sand 4 4
4 4 4
5 3 7;
6 5'-7' Light brown ~
3 3
7 meditml fine sand 3 3
8 7'-10' Dark brown 7 5
9 meditml fine sand 6 7
10 7 7
11
12 10' End of Boring
13 ..
14
15
16
17
18
lq --
20 ,-
21
22 ' '
23
24
?C;
26
27 -- --
28
29
30
31
32
33
34
1~
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38
39 ---
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40 I
PROJECT LOCATION olux:o Road - West of Con ess Ave.
CLIENT Contemporary rnrm.uuty oncepts Corp.
TECHNICIAN GP 6 RF
CASING DATA Hollow stem auger
SAMPLER DATA ?'c::r1i't 'q'IOrm,7."O n In
TYPE OF TERRAIN Flat
Water table = 4'
DRILL NO,
102
DATE
JOB NO,
q/171R4
~rrnTn~nrp. wi'tn A~-n l~Rh
SURFACE MATERIAL Light brown meditml fine sand
with grass
R EMAR KS: These standard penetration tests are representative of and apply only to the particular and exact localton of the borings,
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BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE: This form must be 'filled out completely and accurately
and must accompany all applications submitted to the
Planning Dept.
PROJECT NAME: The Lakes of Hypoluxo
AGENT'S NAME: ' Paramount Enqineerinq Group, Inc.
ADDRESS: 350 Camino Gardens Blvd
Boca Raton, Florida 33432
PHONE: (305 ) 395-2736
OWNER I S NAME: Contemporary Community Concepts Corporation
(or trustee's)
ADDRESS: 5601 Corporate Way, Suite 416
.
West Palm Beach, Florida 33407
PHONE
(305) 689-1500
PROJECT LOCATION: South Side of Hvpoluxo Road. approximately
(not legal description) f t W t f C A
---- ee es. 0 ongress venue.
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
350 Camino Gardens Blvd. (Paramount Eng'g)
Boca Raton, Florida 33432
* This is the address to which all agendas, letters and other
materials will be forwarded.
.
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AFFIDAVIT -
STATE OF FLORIDA
)
S5
COUNTY OF PALM BEACH')
Before me. "the undersi gned authori ty personally appeared
Walter H. Janke
, -
. who being by me first duly sworn.
. -'
on oath deposes and says:
"
1. That he is the fee simple owner of the following described
" '
, '
property, to-wft: (Give legal description)
The East half of the West half of the Northwest quarter of the ,Northeast
quarter and the West half of the East half of the Northwest quarter of the'-
-
of the Northeast quarter of Section 7, Township 45 South, Range 43 East,
Palm Beach County, Florida, less the North 108 feet thereof.
(Attach if insufficient space)
2. That he des f res annexati on to Boynton Beach, FLorida.
Corp
3. .That he ~as appointed
to act as agent in his behalf to
I
Sworn to and subscribed before me
. /"1
this 3c1:!' day of lit t~ I 19fC/
" /zL, i. 1.- .j;! ~ -~~~ ,<. . 1., - J-/ '
Hotary Publf~, State of Florida at large
fiy Comnfssfon Expires: r~~T:,RYPllqll(" STATEOFFLORIDAATLARGE
r,\y CU',\i.W;S,\.,';-j f:},,;~-;fS !!o:.P.SH ,5, 1);:'J)
~~._,-...;' ,.'11(.~,-tul"1 '.!u~....':iI\..':':;lil~i... II\iIC
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A-5
DWNF"RS AUTHORIZATION
Under the provlslons for Voluntary Annexation, Flo~ida Statutes require that
a petition for annexation must bear the signatures of all owners of property
in an area to be annexed. The authority authorizing a person other than the
owner to sign such a petition must be attached to and accompany such petition.
.
Walter H. Jenke
Type Name of Owner(s)
Contemporary Community Concepts Corp.
Type Name of Applicant
..,
1930 N.E. 47th Street Suite III
Street Address
~601 Corporate Way, Suite 416
Street Address
Ft. Lauderdale, Florida 33308
City and State
West Palm Beach, Florida 33407
Ci ty and State
(305) 491-7550
Telephone Number
(305) 689-1500
Telephone Number
'.. ...
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TC WHOM IT MAY CONCERN:
This is to advise that Richa~d Whalen has been desig-
nated as agent for Contemporary Community Concepts Corpora-
tion and has full authority to sign for the Corporation,
pull permits for the Corporation and execute any documents
as required by any municipality or governmental agency
on behalf of the Corporation.
Thank you for your cooperation and attention.
Sincerely,
CONTEMPORARY COMMUNITY CONCEPTS
CORPORATION
By:
~~~
Jul Minke , President
Sworn to, and subscribed before me
This ,;2.'7 ~ Day of ~~
,f/
1 9 f''1 _
State of3~~---'
County of r~'J-?- &~.-/~
Notary Public dJ~~)d. ~
My Commision Expires
Nutui V I'~l"",
My edlin"
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,
IIG48r----
ifF PA~MOUNr ENGINEERING GROUP
350 Camino Gardens Blvd., Boca Raton, Florida 33432/ (305) 395-2736
Orlando, Florida. New York, New York. Rochester, New York. Silver Spring, Maryland
THE LAKES OF HYPOLUXO
ADJACENT PROPERTY OWNERS ADDRESSES
SOUTH OF HYPOLUXO ROAD
Section 7, Township 45 South, Range 43 East
PARCEL
PROPERTY OWNER
102
Gene Moore Tr.
P.O. Box 910
Boynton Beach, Florida 33435
101
WP & LA Rosa Walton
7320 West Lake Drive
Lake Clarke Shores, Florida 33406
103
C & H Properties
P.O. Box 15468
West Palm Beach, Florida 33406
301.1
Carnegie Multi-International Corp.
P.O. Box 2132
Akron,Ohio 33409
Engineers
Arch itects
Planners
,-'
IIG48 r---,
. PA~MOUNr ENGINEERING GROUP
· 350 Camino Gardens Blvd., Boca Raton, Florida 33432/ (305) 395-2736
Orlando, Florida. New York, New York. Rochester, New York. Sliver Spring, Maryland
THE LAKES OF HYPOLUXO
ADJACENT PROPERTY OWNERS ADDRESSES
NORTH OF HWPOLUXO ROAD
Section 7, Township 45 South, Range 43 East
Hypoluxo Village Subdivision
LOT
1
PROPERTY OWNER
Eugene P & Darlene R. Manning
3268 Amber Jack Road
Lantana, Florida 33462
Darrell E. & Margaret Hayes
3282 Amber Jack Road
Lantana, Florida 33462
Wm. R., Jack L., & Donna J. Martin
1041 Coral Drive
Boynton Beach, Florida 33435
George H. & Hortense, & George W. Michelson
3329 Amber Jack Road
Lantana, Florida 33462
Nancy D. Buechler
3344 Amber Jack Road
Lantana, Florida 33462
James E. & Becky H. Lash
3360 Amber Jack Road
Lantana, Florida 33462
Steve E. & Pamela J. Scowden
3374 Amber Jack Road
Lantana, Florida 33462
Robert P. & Denise L. Federico
2 Locust Lane
Montvale, New Jersey 07645
BLOCK
31
2
3 & 4
5
6
7
8
9
Engineers
Architects
Planners
~1
"
.:~,i
BY-LAWS
OF
WILLOWWOOD HOMEOWNERS ASSOCIATION, INC.
."
BY-LAWS
OF
WILLOWWOOD HOMEOWNERS ASSOCIATION, INC.
A FLORIDA CORPORATION NO'r FOR PROFI'r
ARTICLE I
-------
IDENTITY
Section 1. These are the By-Laws of the WILLOWWOOD
HOMEOWNERS ASSOCIATION, INC. , (hereinafter referred to as
"Association"), a corporation not for profit under the laws of the
Sta te of Flor ida, the Articles of Incorporation of which were
filed in the office of the Secretary of State on the day
of , 1983. The Association has been organized for
the purpose of owning and operating certain lands, and personal
property located in Palm Beach County, Florida, which lands, and
personal property are to be used in common by the members of the
WILLOWWOOD HOMEOWNERS ASSOCIATION, INC., which members shall be
property owners at WILLOWWOOD. Such operation by the Association
shall include the management of WILLOWWOOD in keeping wi th the
terms and conditions as set forth in the "Declaration of
Covenants, Condi tions and Restrictions of WILLOWWOOD, II and the
enforcement of such covenants, conditions and restrictions.
Section 2. The Initial Office of the Association shall be at
3767 Lake Worth Road, Lake Worth, Florida 33461.
Section 3. The Fiscal Year of the Association shall be the
calendar year, unless otherwise-selected.
Section 4. Def ini tions of terms used herein shall be the
same as are contained in the "Declaration.1I
ARTICLE II
-----
CORPORATE SEAL
The Corporate Seal of this Association shall bear the name of
the corporation, the word "Florida, II the words "corporation not
for profit," the year of incorporation and an impression of which
is as follows:
-1-
."
ARTICLE III
------
MEMBERSHIP
Section 1. Members. The members of the Association shall
consist of all those persons or entities that are record owners of
a fee or undivided fee interest in any Property which is subject
by covenants of record to assessment by the Association. After
termination of the Association, the members shall consist of those
who are members at the time of such termination, their successors,
assigns, and/or Trustees.
Section 2. Change of Membership. After a Patio home owner
conveys title to his home to another, a change of membership in
the Association shall be established by recording in the Public
Records of Palm Beach County, Florida, the deed conveying title to
the home to another, and by delivery to the Association of a copy
of the recorded deed. The grantee in that deed shall then become
a member of the Association, and the membership of the grantor in
that deed shall be terminated.
Section 3. Transfer or Assignment. The share of a member in
the assets of the Association shall not be assigned, hypothecated,
or transferred in any manner, except as an appurtenance to 'a
home.
ARTICLE IV
----
MEETING OF MEMBERS
Section 1. Annual Meetin~. The first annual meeting of the
members shall be held within one (1) year from the date of incor-
poration of the Association in Palm Beach County, Florida, at such
time and place as the Board of Directors may determine, and each
subsequent regular annual meeting of members shall be held on the
same day of the same month of each year thereafter unless the
Board of Directors designates another date. In no event shall
more than twelve (12) months elapse between annual meetings. The
place and time of the meetings shall also be designated by the
Board of Directors, however, the meetings must take place within
Palm Beach County, Florida.
Section 2. Special Meetings. Special meetings of the mem-
bers may be held whenever called by the President or Vice Presi-
dent, or by a majority of the Board of Directors and must be cal-
led by such officers upon receipt of a written request from mem-
bers who are entitled to vote one-fourth (1/4) of all the votes of
the Class A membership.
Section 3. Notice of Meetings. Notice of all meetings of
members, stating the time and place and the purpose for which the
meeting is called, shall be given by the President, Vice President
."
-2-
or Secretary. Such notice shall be in writing to each member at
his address as it appears on the books of the Association, and
shall be 'mailed by United States mail not less than fifteen (15)
days nor more than sixty (60) days prior to the date of the meet-
ing, and further, a notice of such meeting shall be posted in a
conspicuous place on the Common Area property at least fifteen
(15) days prior to such meeting. Proof of such mailing shall be
given by the affidavit of the person giving the notice. Notice of
meeting may be waived before or after meetings.
Section 4. Quorum. A quorum at meetings of members shall
consist of the presence in person or by proxy of persons entitled
to a majority of the votes of the entire membership except at a
meeting of the members where the unit owners other than the Devel-
oper wi 11 be electing a majority of the Board of Directors to
replace the Board selected by the Developer. At a meeting called
to effect a transfer of control of the Association from the Devel-
oper to Property owners other than the Developer the following
will constitute a quorum for the limited purpose of electing
Directors to effectuate a transfer of control:
A. At the first meeting called for the purpose of
electing Directors to effectuate a transfer of control, a quorum
shall consist of the presence in person or by proxy of persons
entitled to a majority of the votes of the entire membership. If
a quorum has not attended, the meeting will be adjourned and ano-
ther meeting will be set for not less than thirty (30) days nor
more than forty (40) days later to elect Directors.
B. At the second meeting called because there was not
a quorum present at the first meeting called to elect Directors, a
quorum shall consist of the presence in person or by proxy of per-
sons entitled to twenty-five percent (25%) of the votes of the
entire membership. If there still is not a quorum present, the
meeting will be adjourned and another meeting will be set for not
less than thirty (30) days nor more than forty (40) days later.
C. At the third meeting called because there was no
quorum at the second meeting, a quorum shall consist of whatever
number is present in person or by proxy of persons enti tIed to
vote.
If at a meeting to elect Directors to effectuate a transfe.r of
control the quorum requirement is satisfied by less than a major-
ity of the votes of the entire membership, the only vote which may
be taken and will be binding is the acceptance of resignations of
the existing Directors and election of new Directors. The acts
approved by the majori ty of the votes present at a meeting at
which a quorum is present shall constitute the acts of the mem-
bers, except when approval by a greater number of members is
-3-
.~;-
required by the Articles of Incorporation, the Declaration or by
these By-Laws. If a quorum is not present or represented at any
meeting, 'the members entitled to vote thereat shall have the power
to adjourn the meeting from time to time, wi thout notice other
than announcement at the meeting until a quorum as aforesaid shall
be present or represented.
Section 5. Voting.
A. The owner(s) of a home shall be entitled to one
vote as a member of the Association. The Developer will have only
one (1) vote for each Lot it owns. The manner of voting is
provided in these By-Laws.
B. If a home is owned by one person, his right to vote
shall be established by the record title to his home. If a home
is owned by more than one person the joint owners shall designate
which person shall cast the vote for the home. If a home is owned
by a corporation, the person entitled to cast the vote for the
home shall be designated by a certificate signed by the President
or Vice President and attested to by the Secretary or Assistant
Secretary of the corporation entitled to vote and filed with the
Secretary of this Association. Such certificates shall be valid
until revoked or until superseded by a subsequent certificate, or
until a change in ownership of the home. If such a certificate is
not on file, the vote of such owner shall not be considered in
determining the requirement for a quorum nor for any other
purposes. A lessee of a home owner shall not be enti tled to
vote.
Section 6. Proxies. Votes may be cast in person or by
proxy. A proxy may be made by a person entitled to vote and shall
be valid only for the particular meeting designated in the written
proxy and must be filed with the Secretary before the appointed
time of the meeting. Each proxy shall be revocable and shall
automatically cease upon conveyance by the member of his home.
Section 7. Order of Business. The order of business at
annual meetings of members, and as far as practical at other meet-
ings of members shall be:
1. Election of chairman of the meeting
2. Calling of the roll and certifying of proxies
3. Proof of notice of meeting or waiver of notice
4. Reading and approval of any unapproved minutes
5. Report of officers
6. Reports of commitees
7. Election of inspectors of election
8. Election of Directors
9. Unfinished business
-4-
."
10. New business
11. Adjournment
ARTICLE V
----
BOARD OF DIRECTORS
Section 1. Number. The affairs of this Association shall bed
manage by a Board of nine (9) Directors who need not be members of
the Association, provided that until the first annual meeting of
members there shall only be three (3) Directors.
Section 2. Term of Office. At the first annual meeting the
members shall elect three (3) Directors for a term of one (1)
year, three (3) Directors for a term of two (2) years, and three
(3) Directors for a term of three (3) years; and at each annual
meeting thereafter the members shall elect three (3) Directors for
a term of three (3) years.
Section 3. Election of Directors. Election of Directors
shall be conducted in the following manner:
A. The Board of Directors that shall serve until the
first annual meeting of the members shall be appointed by the
Developer. At the inception, the first Board shall consist of
those persons named in the Articles of Incorporation of the Corpo-
ration.
B. Election of Directors shall be held at the annual
meeting of members.
C. Nomination for election to the Board of Di rectors
shall be made by a Nominating Committee. Other nominations may be
made from the floor at the annual meeting. The Nominating Commit-
tee shall consist of a Chairman, who shall be a member of the
Board of Directors, and two or more members of the Association.
The Nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the members, to serve
from the close of such annual meeting until the close of the next
annual meeting and such appointment shall be announced at each
annual meeting. The Nominating Commi ttee shall make as many
nominations for election to the Board of Directors as it shall in
its discretion determine, but in no event shall it nominate less
than the number of vacancies that are to be filed. Such
nominations may be made from among members or non-members.
D. The election shall be by secret written ballot
(unless dispensed with by unanimous consent) and by a plurality of
the votes cast, each person voting being entitled to cast his
votes for each of as many nominees as there are vacancies to be
filled. There shall be no cumulative voting.
.>-
-5-
Section 4. Vacancies. Vacancies in the Board of Directors
occurring between annual meetings of members shall be filled by
the remaining Directors.
Section 5. Removal. Any Di rector may be removed from the
Board, with or without cause, by concurrence of a majority vote of
the entire membership of the Association. The vacancy in the
Board of Directors so created shall be filled by the remaining
Directors.
Section 6. Organizational Meeti~. The organizational meet-
ing of a newly elected Board of Directors shall be held within ten
(10) days of their election at such place and time as shall be
fixed by the Directors at the meeting at which they were elected,
and no further notice of the organizational meeting shall be
necessary.
Section 7. ~~qular Meetin~~ Regular meetings of the Board
of Directors shall be held monthly without notice. They shall be
held at such time and place as shall be determined, from time to
time, by a majority of the Directors. All meetings of the Board
of Directors shall be open to the attendance of all Patio home
owners. Notice of all meetings will be posted conspicuously on
the Common Area property at least 48 hours in advance of all meet-
ings of the Board of Directors, except in an emergency.
Section 8. Special Meetin~. Special meetings of the Board
of Directors may be called by the President, and must be called by
the Secretary at the written request of any two (2) of the Direc-
tors. Notice of the special meeting must be given to all Direc-
tors at least three (3) days prior to the meeting. Notice shall
be given personally, or by mail, telephone or telegraph, and such
notice shall state the time, place and purpose of the meeting.
Section 9. Waiver of Notice. Any Director may waive notice
of the time, place and purpose of a meeting before or after the
meeting and such waiver shall be deemed equivalent to the giving
of notice.
Section 10. A Quorum. A quorum at Board of Directors' meet-
ings shall consis~of-aJmajority of the entire Board of Directors.
The acts approved by a majority of those present at which a quorum
is present shall consti tute the acts of the Board of Oi rectors,
except when approval by a greater number of Directors is required
by the Articles of Incorporation, the Declaration or these By-
Laws.
Section 11. Adjourned Meeti!!9'..~. If at any meeting of the
Board of Directors there be less than a quorum present, the majo-
rity of those present may adjourn the meeting from time to time,
-6-
....
until a quorum is present. At any adjourned meeting set because
there was no quorum at the first meeting any business that might
have been transacted at the meeting as originally called may be
transacted without further notice.
Section 12. Joinder in Meeting by Approval of Minutes. The
joinder of a Director in the action of a meeting by signing and
concurring in the minutes of that meeting shall consti tute the
presence of such Director for the purpose of determining a quo-
rum.
Section 13. Action Taken Without a Meeting. The Di rectors
shall have the right to take any action in the absence of a meet-
ing which they could take at a meeting by obtaining the written
approval of all the Directors. Any action so approved shall have
the same effect as though taken at a meeting of the Directors.
Section 14. Presiding Officer. The presiding officer at
Directors' meetings shall be the chairman of the Board if such an
officer has been elected, and if none, the President shall pre-
side. In the absence of the presiding officer, the Directors pre-
sent shall designate one of their number to preside.
Section 15. Order of Business. The order of business at
meetings of the Board of Directors shall be as follows:
1. Calling of the roll
2. Proof of due notice of meeting
3. Reading and approval of any unapproved minutes
4. Reports of officers and committees
5. Election of officers
6. Unfinished business
7. New business
8. Adjournment
Section 16. Compensation. No Director shall receive any com-
pensation for any service he may render the Association. However,
any Director may be reimbursed for his actual expenses incurred in
the performance of his duties.
ARTICLE VI
------
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
All of the powers and duties of the Association existing
under the Articles of Incorporation, the Declaration and these
By-Laws shall be exercised exclusbrely by the Board of Directors,
its agents, contractors or employees, subject only to approval by
Property owners when such is specifically required and shall
include, but shall not be limited to, the following:
-7-
."
Section l. Powers. The Board of Directors shall have power
to:
A. Adopt and publish rules and regulations governing
the use of the Common Areas and facilities and the personal con-
duct of the members and their guests thereon, and to establish
penalties for the infraction thereof.
B. Suspend the voting rights of a member and his right
to use Common Areas during any period in which such member shall
be in default in the payment of an assessment levied by the Asso-
ciation. Such rights may also be suspended, after notice and
hearing, for a period not to exceed sixty (60) days for infraction
of published rules and regulations.
C. Exercise for the Association all powers, duties and
authority vested in or delegated to the Association and not reser-
ved to the membership by other provi sian of these By-Laws, the
Articles of Incorporation or the Declaration.
D. Declare the office of a member of the Board of
Directors to be vacant in the event such member shall be absent
from three (3) consecutive regular meetings of the Board of Direc-
tors.
E. Employ a manager, an independent contractor, or
such other employees as they deem necessary and to prescribe their
duties.
Section 2.
Directors to:
Duties.
It shall be the duty of the Board of
A. Cause to be kept a complete record of all its acts
and corporate affairs and to present a statement thereof to the
members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth
(1/4) of the members who are entitled to vote.
B. Supervise all officers, agents and employees of the
Association, and to see that their duties are properly performed.
C. As more fully provided in the Declaration to:
(I) Fix the amount of the annual assessment
against each Patio home at least thirty (30) days in advance of
each annual assessment period;
(2) Send written notice of each assessment to
every owner subject thereto at least thirty (30) days in advance
of each annual assessment period; and
.'
-8-
(3) Foreclose the lien against any property for
which assessments are not paid within thirty (30) days after due
date or to bring an action at law against the owner personally
obiligated to pay the same.
D. To pay taxes and assessments which may be levied
against any of the Common Areas, other than the Patio homes and
appurtenances to Patio homes, and to assess those taxes against
members.
E. To pay the cost of all power, water, sewer and
other utility services rendered to the property and which is not
the responsibility of the Patio home owners.
F. Issue, or cause an appropriate office to issue,
upon demand by any person, a certificate setting forth whether or
not any assessment has been paid. A reasonable charge may be made
by the Board for the issuance of these certificates. If a certif-
icate states an assessment has been paid, such certificate shall
be conclusive evidence of such payment.
G. Procure and maintain adequate liablility and hazard
insurance on property owned by the Assoication.
H. Cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate.
I. Cause the Common Areas to be maintained.
ARTICLE VII
OFFICERS
Section 1. Executive Off icers. The executive officers of
the Association shall-be apresident and a Vice President, who
shall at all times be members of the Board of Directors, a Secre-
tary and a Treasurer and such other officers as the Board of Di-
rectors finds are necessary to manage the affairs of the corpora-
tion. All officers shall be Directors, and all of whom shall be
elected annually for one (1) year terms by the Board of Directors.
Any officer may be removed from an office with or without cause by
vote of the Directors at any meeting. The offices of Secretary
and Treasurer may be held by the same person. No personnel shall
simultaneously hold more than one of any of the other offices.
Section 2.
lows:
Duties.
The duties of the officers are as fol-
A. President. The President shall be the chief execu-
tive officer of the Corporation. He shall preside at all meetings
of the Board of Directors. He shall have all of the general
."
-9-
powers and duties that are usually vested in the office of Presi-
dent of a corporation and specif ically he shall see that orders
and resolutions of the Board are carried out and sign all leases,
mortgages, deeds and other written instruments and shall co-sign
all checks and promissory notes.
B. Vice President. The Vice President shall take the
place of the President and his duties whenever the President shall
be absent or unable to act. If neither the President nor the Vice
President is able to act, the Board of Directors shall appoint
some other member of the Board to do so on an interim basis. The
Vice President shall also perform such other duties as shall from
time to time be imposed on him by the Board of Directors.
C. Secretary. The Secretary shall keep the minutes of
all meetings of the Board of Directors and all minutes of the
meetings of the members of the Association in a businesslike man-
ner and available for inspection by Property owners and Board mem-
bers at all reasonable times. He shall have custody of the seal
of the Corporation, and he shall have charge of such other books
and papers as the Board of Directors may direct, and he shall, in
general, perform all duties incident to the office of Secretary,
including but not limited to, serving notice of meetings of the
Board of Directors and of the members and keeping appropriate cur-
rent records showing the members of the Association together with
their addresses.
D. Treasurer. The Treasurer shall be responsible for
the Association's funds and securities, and shall be responsible
for keeping full and accur ate accounts of all receipts and di s-
bursements in books belonging to the Association. He shall be
responsible for the deposit of all monies and other valuable ef-
fects in the name and credit of the Association in such deposito-
ries as may from time to time be designated by the Board of Direc-
tors. He shall disburse such funds as directed by resolution of
the Board of Directors~ shall sign all checks and promissory notes
of the Association~ cause an annual audit of the Association books
to be made by a public accountant at the completion of each fiscal
year, if a majority of the members vote to have an audit done by a
public accountant~ and prepare an annual budget and a statement of
income and expenditures to be presented to the membership at its
regular annual meeting, and deliver a copy of each to the mem-
bers.
Section 3. Compensation of Officers. No officer shall re-
ceive compensation for any service he may render the Association.
However, any officer may be reimbursed for his actual expenses
incurred in the performance of his duties.
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."
ARTICLE VIII
-----
COMMITTEES
The Board of Directors may appoint an Archi tectural Control
Commi ttee, as provided in the Delcaration, and shall appoint a
Nominating Committee, as provided in these By-Laws. In addition,
the Board of Directors shall appoint other committees as deemed
appropriate in carrying out its purposes.
ARTICLE IX
------
ANNUAL BUDGET
The Board of Directors shall adopt a budget for each fiscal
year that shall include the estimated funds required to defray the
common expenses and to provide and maintain funds for the current
expenses and reserves according to good accounting procedures.
A copy of the proposed annual budget shall be mailed to the
Property owners not less than thirty (30) days prior to the meet-
ing at which the budget will be considered, together with the no-
tice of that meeting.
ARTICLE X
---
ASSESSMENTS
Section 1. Assessments. Assessments against Patio home
owners shall be made annually for each fiscal year preceding the
beginning of the fiscal year for which the assessments are made.
Such assessments shall be payable monthly in advance on the first
day of each month of the year for which the assessments are made.
If an annual assessment is not made as required, an assessment
shall be presumed to have been made in the amount of the last pri-
or annual assessment and monthly installments of such assessment
shall be due upon each installment payment and until changed by an
amended assessment. In the event the annual assessment proves
insufficient, the budget and assessments may be amended at any
time by the Board of Directors provided it is done in accordance
with the Declaration.
Section 2. Acceleration of Assessment installments upon
Def~ult. If a Patio home owner shall be in default in the payment
of an installment upon an assessment for 30 days after the due
date thereof, the assessment shall bear interest from the date of
delinquency at the rate of eighteen percent (18%) per annum, and
the Association may bring an action at law against the Owner per-
sonally obligated to pay the same or foreclose the lien against
his property, and interest, costs, and reasonably attorney's fees
of any such actin shall be added to the amount of such assessment.
The Board of Directors may also accelerate the remaining install-
ments of the assessment upon five (5) days notice to the Patio
home owner, and in which case, the unpaid balance of the entire
assessment shall immediately become due and payable in full.
..s-
-11-
Notice of acceleration hereunder shall be sent certified mail,
return receipt requested.
Section 3. Special Assessments for Emergencies. Special
assessments for common expenses for emergencies that cannot be
paid from the annual assessments for common expenses shall be made
only after notice of the need for such expenditures is given to
the Property owners. After such notice and upon approval by
two-thirds (2/3) of the votes of each class of members who are
voting in person or by proxy at a meeting duly called for this
purpose, the special assessment shall become effective and shall
be due after thirty (30) days notice in such manner as the Board
of Directors of the Association may require in the notice of
assessment.
ARTICLE XI
---
INDEMNIFICATION
Every Director and every Officer of the Association will be
indemnified by the Association against all expenses and liabil-
i ties, including legal fees, reasonably incurred by or imposed
upon him in connection wi th any proceeding to which he may be a
party or in which he may become involved by reason of his being or
having been a Director, or Officer of the Association whether or
not he is a Director or Officer at the time such expenses are in-
curred, if he acted in good faith and in a manner he reasonably
believed to be in or not opposed to the best interest of the Asso-
ciation, and, with respect to any criminal action or proceeding,
had no reasonable cause to believe his conduct was unlawful, ex-
cept that no indemnification shall be made in respect of any
claim, issue or matter as to which such person shall have been
adjudged to be liable for gross negligence or misfeasance or mal-
feasance in the performance of his duty to the Association. Pro-
vided that, in the event of a settlement this right of indemnifi-
cation will only apply if the Board of Directors approves such
settlement and reimbursement as being in the best interest of the
Association. The foregoing right of indemnification will be in
addition to and not exclusive of all other rights to which such
Director or Officer may be entitled.
ARTICLE XII
PARLIAMENTARY RULES
Roberts' Rules of Order (latest edi tion) shall govern the
conduct of the Association meetings when not in conflict with the
Declaration or these By-Laws.
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.'
ARTICLE XIII
------.---
BOOKS AND RECORDS
The books, records and papers of the Association shall at all
times, during reasonable business hours, be subject to inspection
by any member. The Declaration, the Articles of Incorporation and
the By-Laws of the Association shall be available for inspection
by any member at the principal office of the Association, where
copies may be purchased at reasonable cost.
ARTICLE XIV
AMENDMENTS
These By-Laws may be amended in the following manner at regu-
lar or special meeting of the members:
Section 1. Notice of Amendment. Notice of the subject mat-
ter of a proposed amendment shall be included in the notice of any
meeting at which a proposed amendment is to be considered.
Section 2. Adoption of Amendment. A resolution adopting a
proposed amendment may be proposed by either the Board of Direc-
tors of the Association or by the members of the Association.
Directors and members not present in person or by proxy at the
meeting considering the amendment may express their approval in
writing, provided such approval is delivered to the Secretary at
or pr ior to the meeting. Except as elsewhere provided, such
approvals must be by a vote of a majority of a quorum of members
present in person or by proxy, except that the Federal Housing
Administration or the Veterans Administration shall have the right
to veto amendments while there is Class B membership.
Provided, however, that no amendment shall discriminate
against any Property owner, nor against any Property, unless the
Property owners so affected shall consent. No amendment shall be
made that is in conflict with the Declaration.
Section 3. Execution and Recording. A copy of each amend-
ment shall be attached to a certificate certifying that the amend-
ment was duly adopted as an amendment of the By-Laws, which certi-
ficate shall be executed by the officers of the Association with
the formalities of the execution of a deed. The amendment shall
be effective when such certificate and copy of the amendment are
recorded in the Public Records of Palm Beach County, Florida.
ARTICLE XV
-----
COMPLIANCE AND DEFAULT
Section 1. Violations. In the event of a violation (other
than the non-payment of an assessment) by a home owner of any of
."
-13-
the provisions of the Declaration or of these By-Laws, the
Association, by direction of its Board of Directors, may notify
the Patid home owner by written notice of said breach, transmitted
by mail, and if such violation shall continue for a period of
thirty (30) days from the date of the notice the Association,
through its Board of Directors, shall have the right to treat such
violation as an intentional, inexcusable, and material breach of
the Declaration, or the By-Laws, and the Association may, at its
option, have the following election:
A. An action at law to recover damages on behalf of
the Association or on behalf of the other Property owners.
B. An action in equi ty to enforce performance on the
part of the home owner.
C. An action in equity for such other equitable relief
as may be appropriate under the circumstances, including injunc-
tive relief.
The home owner so violating shall reimburse the p.ssociation
for its reasonable attorneys' fees incurred by it in bringing
such action, including attorneys' fees for appellate proceedings,
if any. Any violations which are deemed by the Board of Directors
to be a hazard to public health may be corrected immediately as an
emergency matter by the Association, and the cost thereof shall be
charged to the home owner as a speci f ic item, which shall be a
lien against said home with the same force and effect as if the
charge were a part of the common expenses.
Section 2. ~~..9.lige!!ce or Ce.relessne~~_~;'__!!9.me Owner, etc.
All home owners shall be liable for the expense of any
maintenance, repair or replacement rendered necessary by his act,
neglect, or carelessness, or by that of any member of his family,
or his or their quests, employees, agents, or lessees, but only to
the extent that such expense is not met by the proceeds of
insurance carried by the Association. Such liability shall
include any increase in insurance rates occasioned by use, misuse,
occupancy, or abandonment of any home or its appurtenances.
Nothing herein contained, however, shall be construed so as to
modify any waiver by insurance companies of rights or subrogation.
The expense for any maintenance, repair or replacement required,
as provided in this section, shall be charged to said home owner
as a specific item, which shall be a lien against said home with
the same force and effect as if the charge were a part of the
common expenses.
Section 3.
arising because
Costs a~d A~torneys' Fe~s.
of an alleged default by
In any proceeding
a home owner, the
-14-
."
prevailing party shall be enti tled to recover the costs of the
proceeding and such reasonable attorneys I fees as may be deter-
mined by 'the Court, including attorneys I fees and costs for appel-
late proceedings, if any.
Section 4. No Waiver of Rights. The failure of the Associa-
tion or of a Property owner to enforce any right, provi sion,
covenant or condi tion, which may be granted by these By-Laws or
the Declaration, shall not constitute a waiver of the right of the
Association or Patio home owner to enforce such right, provision,
covenant or condition in the future.
Section 5. No Election of Remedies. All rights, remedies
and privileges granted to the Association or Property owner, pur-
suant to any terms, provi sions, covenants or condi tions of the
Declaration or By-Laws, shall be deemed to be cumulative, and the
exercise of anyone or more shall not be deemed to constitute an
election of remedies, nor shall it preclude the party thus exer-
cising the same from exercising such other and additional rights,
remedies or privileges as may be granted to such other party by
the Declaration or By-Laws, or at law, or in equity.
ARTICLE XVI
------
MISCELLANEOUS
In the case of any conflict between the Articles of Incorpo-
ration and these By-Laws, the Articles shall control~ and in the
case of any conflict between the Declaration and these By-Laws,
the Declaration shall control.
IN WITNESS WHEREOF, we, being all of the Di rectors of the
WIL,(,OWWOOD HOMEOWNERS ASSOCIATION, INC. have hereunto set our
hands this _____ day of , 1983.
WITNESSES:
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.'"
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authori ty, personally appeared
, to me well known and known to me to be
the individual described in and who executed the foregoing
By-Laws, and he acknowledged before me that he executed the same
for the purposes therein expressed.
WITNESS my hand and official seal this ____ day of _________,
1983.
NOTARY PUBLIC
My Commission Expires:
STA'rE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared
, to me well known and known to me to be
the individual described in and who executed the foregoing
By-Laws, and he acknowledged before me that he executed the same
for the purposes therein expressed.
WITNESS my hand and official seal this
1983.
day of
NOTARY PUBLIC
My Commission Expires:
-16-
."
CERTIFICATION
I, the undersigned, do hereby certify:
That I am the duly elected
WILLOWWOOD HOMEOWNERS ASSOCI.ATION,
and
and acting secretary of the
INC., a Florida corporation,
That the foregoing By-Laws constitute the original By-Laws of
said A.ssociation, as duly adopted at a meeting of the Board of
Directors, thereof, held on the day of
19
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said Association this ______ day of
19
Secretary
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.'
j ,
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
'-
OF
WILLOWWOOD
.'
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
WILLOWWODD
PALM BEACH COUNTY, FLORIDA
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Declar-
ant, is the owner of certain real property to be hereinafter known
as WILLOWWOOD located in Palm Beach County, Florida, which is more
particularly described as:
THE LOFTS, Tract R-l and Water Management Tract as
shown on the Plat of The Lofts, Plat Book
Page _______, Public Records, Palm Beach County, Florida.
NOW, THEREFORE, Declarant hereby makes the following
Declaration of Covenants, Conditions and Restrictions and declares
that all of the above-described real property shall be held sold
and conveyed subject to the easements, restrictions, covenants and
conditions set forth in this Declaration, which are for the
purpose of protecting the value and desirabi li ty of the real
property and that this Declaration shall consti tute a covenant
running with the land and that this Declaration shall be binding
upon all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE I
DEFINI'rIONS
The following words, phrases and groups of words as used in
this Declaration, or the Articles of Incorporation of WILLOWWOOD
HOMEOWNERS ASSOCIATION, INC. , or By-Laws thereof, or Sales
Contract, or any other li terature associated with the project
known as WILLOWWOOD, shall have the meaning set forth herein:
A. "Articles" shall mean and refer to the Articles of
Incorporation of WILLOWWOOD HOMEOWNERS ASSOCIATION, INC"
B. "Association" shall mean and refer to WILLOWWOOD
HOMEWONERS ASSOCIATION, INC., its successors or assigns.
C. "By-Laws" shall mean and refer to the By-Laws of
WILLOWWOOD HOMEOWNERS ASSOCIATION, INC.
D. "Common Area" shall mean and refer to all real
property (including improvements thereto) owned by the Association
for the common use and enjoyment of the home owners. The
-1-
.'
Common Area to be owned by the Association at the time of the con-
veyance of the first home is described as follows:
Tract R-l and Water Management Tract as shown on the
Plat of the Lofts, Plat Book , Page ____, Public
Records, Palm Beach County, Florida.
E. "Declarantll and "Developer II shall mean
Contemporary Community Concepts Corporation,
corporation, and its successors and assigns, if such
assigns should acquire more than one undeveloped
Declarant for the purpose of development.
and refer to
a Florida
successors or
Lot from the
F. IIDeclaration II shall mean and refer to the Declara-
tion of Covenants, Conditions and Restrictions applicable to the
properties recorded in the Office of the Public Records of Palm
Beach County, Florida.
G. "Member II shall mean and refer to those persons
entitled to membership as provided in the Articles.
H. "Owner II shall mean and refer to the record owner,
whether one or more persons or entities, of the fee simple title
to any lot which is part of the properties, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
I. IIprop~~~ie~ shall mean and refer to that certain
real property herein before described, and such additions thereto
as may hereafter be brought within the jurisdiction of the
Association.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of Enj.Qyme!!!:.: Every owner
shall have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the title
to every lot, subject to the following provisions:
A. The right of the Association to suspend the voting
rights and right to use of the recreational facilities by an owner
for any period during which any assessment against his home
remains unpaid; and for a period not to exceed sixty (60) days for
any infraction of its published rules and regulations; and
-2-
."
B. The right of the Association to dedicate or
transfer all or any part of the Common Areas to any public agency,
authority or utility, for such purposes and subject to such
conditions as may be agreed to by the members; provided, however,
that no such dedication or transfer shall be effective unless an
instrument signed by two-thirds (2/3) of each class of members
agreeing to such dedication or transfer has been recorded in the
public records of Palm Beach County, Florida.
Section 2. Delegation of Use. Any owner may delega te in
accordance with the By-Laws, his right of enjoyment to the Common
Area and facilities to the members of his family, his tenants, or
contract purchasers who reside on the Property.
ARTICLE III
------
TITLE
lot.
Each owner at WIJ...LOWWOOD will own fee simple title to his
ARTICLE IV
----
EXTERIOR MAINTENANCE
Section 1. Maintenance of Homes. No owner shall in any way
deface the exterior of his home. Exterior walls and roof are to
be maintained by each owner in quali ty condi tion equivalent to
that at the time of its completed construction by the Developer at
all times. Failure to maintain the home in such manner may result
in a notice to owner from the Association setting forth the items
to be corrected wi thin a thirty (30) day time period. In the
event the notice is not adhered to, the Association, after
approval by two-thirds (2/3) vote of the Board of Directors, may
contract to have such work performed and the owner will be charged
for the invoices delivered by such contractors or workers together
wi th any reasonable costs of the Association. The ~ssociation
shall have the right to file a lien for non- payment of such
charges in which event the owner shall be responsible for
attorneys' fees and costs incurred by the Association incident to
the collection of such assessment or enforcement of such lien.
Section 2. Exterior Finish of Homes. Each owner covenants
and agrees that he will decorate the exterior of his home in a
color and finish similar to and consistent with the color and
finish of the homes as planned by the Developer. If an owner
shall desire to decorate the exterior in a color and finish other
than that originally supplied by the Developer at the time of
construction of WILLOWWOOD, then the consent in writing of all the
members of the Association shall be obtained prior to said
decoration changes being effected. An owner shall not be required
to obtain any approval in writing or otherwise for the painting of
the exterior of his patio home in a color and finish consistent
and compatible with the color and finish of the homes at
WILLOWWOOD.
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.<-
ARTICLE V
----.-
INSURANCE
Section 1. Liability and C~s~al~~~rance. Liability and
Casualty Insurance on the common area, shall be maintained through
the Association. No insurance will be carried by the Association
on any homes, the contents thereof nor on any additions made in or
to the homes by their owners. The cost of the insurance premium
shall be divided equally among the owners and will be part of the
maintenance assessment the owners are charged. The insurance
shall be in an amount equal to the maximum insurance replacement
value, as determined annually by the Board of Directors. Such
coverage shall afford protection against the loss of damage by
f ire and other hazards covered by a standard extended coverage
endorsement and flood insurance, if required. In the event of any
casualty loss covered under the master insurance policy, the
Association shall be the agent of all owners and shall adjust such
loss on their behalf.
ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS
Section 1. The Declarant as long as he owns property at
WILLOWWOOD and every owner of a home which is subject to
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separted from ownership of any
home which is subject to assessment. As a member of said
Association said owner shall be governed by the Articles of
Incorporation, By-Laws and Rules and Regulations of the
Association as well as by this Declaration.
Section 2. The Association shall have one (1) classes of
voting membership:
A. Class A. Class A members shall be all owners with
the exception oTt~Declarant and shall be enti tIed to one (I)
vote for each home owned. When more than one (1) person holds an
interest in any home, all such persons shall be members. The vote
for such home shall be exercised as they among themselves
determine, but in no event shall more than one (I) vots be cast
with respect to any home.
B. Class B. The Class B member (s) shall be the
Declarant and shall be entitled to three ()) votes for each lot
owned. The Class B membership shall cease and be converted to
Class A membership on the happening of ei ther of the following
events, whichever occurs earlier:
( 1 )
A membership equal
membership, or
When the total votes outstanding in the Class
the total votes outstanding in the Class B
( 2 )
On July 1, 1975.
."
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A.RTICLE VII
MORTGAGEE'S RIGHTS
Section 1. If an owner shall give, or shall have given a
mortgage or mortgages upon his home, then the mortgagee shall have
the full right at its option to exercise the rights of its
mortgagor as an owner hereunder, and, in addi tion, the right to
add to the outstanding balance of such mortgage any amounts paid
by the mortgagee for repairs hereunder and not reimbursed to said
mortgagee by the owner. The lien of the assessments provided for
in this Declaration shall be subordinate to the lien of any first
mortgage recorded prior to the time of recording the claim of lien
provided for herein by the Association.
Section 2. All mortgagees of the homes shall speci f ically
have a complete right of access to all of the Common Areas for the
purpose of ingress and egress to any and all homes upon which they
have a mortgage loan.
Section 3. When the mortgagee of a first mortgage of record
or other purchaser of a home obtains title to the dwelling as a
result of foreclosure, of the first mortgage, or by a deed taken
in lieu of foreclosure, such acquirer of title, his successor and
assigns, shall not be liable for any delinquent assessments of the
former home owner which became due prior to the acquisition of
title as a result of the foreclosure or by a deed taken in lieu of
foreclosure. Such unpaid assessments shall be deemed to be a
common assessment, collectible from all of the home owners.
Whenever title is acquired as stated aforesaid, such acquirer
shall be responsible for all assessments whatsoever, from that
date forward, unti 1 ti tle to the home is transferred from such
acquirer.
ARTICLE VIII
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation o~
Assessments. The Declarant, for each lot- owned within the
Properties, hereby covenants, and each Owner of any lot by
acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agrees to pay to
the Association: (a) annual assessments or charges; and (b)
special assessments for capital improvements, such assessments to
be established and collected as hereinafter provided. The annual
and special assessments, together with interest, thereon at the
rate of eighteen percent (18%) per annum from the due date if not
paid prior to the elapse of the grace period, costs and reasonable
attorney's fees, shall be a charge on the land and shall be a con-
-5-
.'
tinuing lien upon the property against which each such assessment
is made. The lien shall be evidenced by an instrument executed by
the Association and recorded in the public records of Palm Beach
County, Florida and shall be enforced in the same manner as is
provided for by law for the enforcement of mechanic's and materi-
almen's liens. Each such assessment, together wi th interest,
costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such property at the
time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in title
unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the recre-
ation, health, safety and welfare of the residents in the Proper-
ties and for the improvement and maintenance of the Common Area.
Section 3.
1985 the
Maximum Annual Assessments: Until January
maximum annual. assessment shall
($ ) per home.
1,
be
A.
assessment may
percent (15%)
without a vote
From and after January 1, 1985 the maximum annual
be increased each year not more than fifteen
above the maximum assessment to the previous year
of the membership.
B. From and after January 1, 1985, the maximum annual
assessment may be increased above fifteen percent (15%) by a vote
of two-thirds (2/3) of each class of members who are voting in
person or by proxy, at a meeting duly called for this purpose.
C. The Board of Directors may fix an annual assessment
not in excess of the maximum period.
Section 4. .e.E.ecial Asse~sme!!1.:s for Capital Improvement~: In
addition to the annual assessments authorized above, the Associa-
tion may levy, in any assesssment year, a special assessment
applicable to that year only for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common
Area including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-
thirds (2/3) of the votes of each class of members who are voting
in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Q~orum for any Action Authorized Under
3 and 4: Written notice of any meeting called for the purpose of
taking any action authorized under this Section 3 and 4 shall be
sent to all members not less than thirty (30) days nor more than
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...
sixty (60) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to
cast sixty percent (60%) of all of the votes of each class of mem-
bers shall consti tute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice
requirements, and the required quorum at the subsequent meeting
shall be one-half of the required quorum at the preceding meeting.
No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and spe-
cial assessments must be fixed at a uniform rate for all homes and
will be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due
Dates. The annual assessments provided for herein shall commence
as to all homes on the first day of the month following the
conveyance of the Common Area. The first annual assessment shall
be adjusted according to the number of months remaining in the
calendar year. The Board of Directors shall fix the amount of the
annual assessment against each home at least thirty (30) days in
advance of each annual assessment period. Written notice of the
annual assessment shall be sent to every Owner subject thereto.
The due dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified home have
been paid. So long as the Declarant owns any unsold lot, it shall
not be responsible for the payment of any monthly maintenance.
Section 8. Ef.fect of~Q!!~me!!~_Q.L~~~~~sme~1.:s :__Re~~<.:!!.es
of the Association. All assessments are due and payable immedi-
ately upon thelr-issuance or the date specified therein by the
Association. Should any assessment not be paid wi thin ten (10)
days from the date of issuance thereof or the date so specified,
the Association shall be enti tIed to assess against the owner a
late fee of Twenty-five Dollars ($25.00) to partially compensate
the Association for its additional bookkeeping, administration and
collection activities with regard to said late assessment payment.
All sums, including late fees unpaid after thirty (30) days from
due date shall bear interest thereof at the rate of eighteen per-
cent (18%) from the date when due until paid. All payments upon
account shall first be applied to interest and then to the late
charge and then to the assessment payment first due. Should any
assessment not be paid within thirty (30) days from the due date
thereof, the Association may upon five (5) days notice, declare
due and payable all assessments applicable to that home for the
year in which the delinquency occurs. The Association may bring
an action at law against the owner personally obligated to pay
same without waiving any claim of lien it may have against the
home, or after first perfecting its lien as stated elsewhere
-7-
."
herein, foreclose the lien against said owner's home. The lien
for unpaid assessments shall also secure the interest and
reasonable attorney's fees and costs incurred by the Association
incident to the collection of such assessment or enforcement of
such lien.
No home owner may waive or otherwise escape liabi li ty
for the assessments of the Association by nonuse or partial use of
the Common Areas he is entitled to use or claim offset against the
Association, or abandonment of his home. Each owner by his
acceptance of a deed to his home, consents to jurisdiction of the
Courts of Palm Beach County, Florida, and waives any rights of
alternative venue or jurisdiction in the event an action is
brought against him by the Association for collection of an
assessment.
Section 9. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate to the
lien of any first mortgage. Sale or transfer of any home shall
not affect the assessment lien. However, the sale or transfer of
any home pursuant to mortgage foreclosure or any proceeding in
lieu thereof, shall extinguish the lien of such assessments as to
payments which become due prior to such sale or transfer. No sale
or transfer shall relieve such home from liability for any
assessments thereafter becoming due or from the lien thereof.
ARTICLE IX
-----
GENERAL PROVISIONS
Section l. Use of Common Proper~y. Each owner shall have
perpetually the full, non-exclusive free right and easement to the
use and enjoyment of all of the Common Areas owned by the Associa-
tion, subject to the rights of all other owners located on the
Properties subject to this Declaration. This right shall include
but not be limited to a right of ingress and egress throughout the
Common Areas and shall also extend to all invitees and guests of
Lot owners. This use is, however, subject to any reasonable
regulations for the use of this Common Areas as may be established
from time to time by the Association.
Section 2. Nuisances. No nuisance shall be allowed upon the
Common ~reas, nor any use or practice that is the source of annoy-
ance to residents or which interferes with the peaceful possession
and proper use of the property by its residents. All parts of the
Common Areas shall be kept in a clean and sanitary condition, and
no rubbish, refuse or garbage allowed to accumulate nor any fire
hazard allowed to exist. No owner shall permi t any use of his
-8-
."
lot or make any use of the Common Areas that will increase the
cost of insurance upon the Common Areas.
Section 3. Pets. Horne owners may have dogs, cats and other
domestic householdpets as long as their presence causes no
disturbance to other property owners at WILLOWWOOD. All pets
shall be kept on a leash when not on the home owner's Property.
Being allowed to have a pet is a privilege and not a right and
this privilege can be revoked at any time by the Board of
Directors if it deems the home owner is abusing the privilege.
Section 4. Residential Use Only. WILLOWWOOD is a
residential development. No trade or business shall be conducted
nor any commercial use made of any property within WILLOWWOOD by
any home owner.
Section 5. Clothes Lines. No outdoor clothes drying shall
be allowed except to the extent it is in an area completely shiel-
ded from view by dwelling, shrubbery or fences.
Section 6. G~rbag~ Collectio!!. Garbage may not be left out-
side the Patio homes for pickup by the garbage collectors any ear-
lier than sundown on the day before the scheduled pickup and all
empty trash cans or other containers must be removed no later than
sundown on the day of the pickup. No garbage shall be left out-
side for pickup unless it is in trash cans or secured in some
fashion so that pets cannot disturb it.
Section 7. Lawful Use. No immoral, improper, offensive or
unlawful use shall be made of the Common Areas or any property
operated by the Association nor any part of it; and all valid
laws, zoning ordinances and regulations of all governmental bodies
having jurisdiction shall be observed.
Section 8. Guests. The owners shall be fully responsible
for the activities and actions of their guests or visitors and
shall take all action necessary or required to insure that all
guests and vi si tors fully comply wi th the provi sions of this
Declaration and all rules and regulations of the Association.
Section 9. Utility and Governmental Service Easement~.
Easements are specifically reserved to the Declarant and granted
to owners and such appropriate utility and other service companies
or providers of the services hereinafter set forth as are from
time to time designated by Declarant, such easements over, under,
in and upon the Lots as may be necessary to provide utility ser-
vices for ingress and egress for persons to provide and maintain
such utility services, including, but not limited to, power, elec-
tric, sewer, water, drainage, telephone, gas, lighting facilities,
irrigation, television transmission and cable transmission facili-
ties, security service and facilities in connection therewith and
-9-
.'
for governmental purposes. An easement for encroachment in favor
of all owners in the event any portion of any of the Lots
encroaches upon any other Lot as a result of minor inaccuracies in
survey, construction or reconstruction or due to settlement or
movement. This easement for encroachment shall include an ease-
ment for the maintenance and use of the encroaching improvements
in favor of each of the owners and shall also include cross ease-
ments of support and use over, upon, across, under, through and
into the Lots in favor of the home owners and/or their designees.
These easements may be assigned by the Declarant in whole or in
part to any city, county or state government or agency thereof, or
any duly licensed or franchised or public utility or any other
appropriate designee of Declarant.
Section 10. Liens. Any lien referred to in this Declaration
shall not be effective unless and until same has been recorded in
the public records of Palm Beach County, Florida.
Section ll. Duty to Repair homes. In the event a home is
damaged, through an act of God or other casualty, that owner shall
promptly cause his home to be repaired or rebuilt substantially in
accordance with the original architectural plans and
speci fica tions. It shall be the duty of the Association to
enforce such repair and rebuilding of the home to comply with this
responsibility.
Section l2. Restriction on Renting of Homes. Before any
home owner other than Declarant may lease his home he must first
obtain approval from the Board of Directors of the Association,
such approval may not be unreasonably withheld. The process for
obtaining approval shall involve the subnitting of an application
containing the terms and conditions of the proposed lease to the
Board. The Board has the right if it so desires to interview the
proposed tenant to determine whether that tenant would comply with
the covenants, conditions, restrictions, etc. governing the
Property. Within fifteen (l5) days of the date an application is
submitted, the Board must either notify the owner of its
acceptance or rejection of the proposed tenant or of its need for
addi tional information. If the Board does not take any action
within this time the application will have deemed to have been
approved.
Section 13. Length of Covenant. These covenants are to run
with the land and shall be binding on all parties and all persons
claiming under them for a period of twenty (20) years from the
da te this Declaration is recorded, or until the undersigned has
sold all homes, after which time they shall be extended
automatically for successive periods of ten (10) years, unless an
instrument signed by a majori ty of the then owners of the homes
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."
and their mortgagees has been recorded agreeing to change the
covenants in whole or in part.
Section l4. Enforcement of Covenants. Enforcement of these
covenants and restrictions may be made by any owner or the Associ-
ation, by an action at law or in equity against any person or per-
sons violating or attempting to violate these covenants either to
restrain the violation or to recover damages. The party bringing
the action shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the court may adjudge to
be reasonable for the services of his attorney.
Failure by any owner or the Association to enforce any
covenant or restr iction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 15. Severability. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in no
way affect any of the other provisions which shall remain in full
force and effect.
Section 16. Amendment. This Declaration may be amended dur-
ing the first twenty (20) year period by a duly recorded instru-
ment executed by not less than ninety percent (90%) of the owners
and thereafter by an instrument signed by not less than seventy-
five percent (75%) of the owners. Any amendment must be recorded
to be valid. No amendment shall alter the assessment lien or sub-
ordination provisions as to first mortgages without the prior
approval of the mortgagees enjoying such protection. Declarant
shall have the right at anytime wi thin five (5) years from the
da te of its recordation to amend this Declaration to correct
scr i venor' s errors and to clari fy any ambigui ties determi ned to
exist herein.
Section 17. Easement for Enforcement. The Association is
granted an easement over the property of each home owner for the
purpose of enforcing the provisions of this Declaration, and may
go upon the property of the said home owner to remove or repair
any existing cause of a violation hereof. If the home owner,
after written notice by the Association to cure the violation
fails to do so, the Association shall have the right to cure such
violation, and all costs incident thereto, including court costs
and reasonable attorney's fees shall become the personal
obligation of the owner and be a lien against his home in the same
fashion as if said sums represented monies due for unpaid
assessments.
Section 18. Architectural Control. No building, fence, wall
or other structure shall be commenced, errected or maintained upon
the properties, nor shall any exterior addi t ion to or change or
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."
al teration therein be made unti 1 the plans and speci fica tions
showing the nature, kind, shape, height, materials, and location
of the same shall have been submitted to and approved in writing
as to harmony of external design and location in relation to sur-
rounding structures and typography by the Board of Directors of
the Association, or by an archi tectural commi ttee composed of
three (3) or more representatives appointed by the Board. In the
event said Board or its designated committee fails to approve or
disapprove such design and location within thirty (30) days after
said plans and specifications have been submitted to it, approval
will not be required and this Article will be deemed to have been
fully compiled with.
Section 19. Annexation. Additional residential property and
Common Areas may be annexed to the properties with the approval of
two-thirds (2/3) of each class of members.
Section 20. No Defect of Title. In the event that any patio
home shall encroach upon any of the Common Areas it shall not
affect the title of that home.
IN WITNESS WHEREOF,
this _ day of
the Declarant herein has set its hands
, 1983.
CONTEMPORARY COMMUNITY
CONCEPTS CORPORATION
By:
Jules S. Minker, President
Attest:
Secretary
(SEAL)
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Declaration of Covenants, Condi tions and Re-
strictions of WILLOWWOOD, was acknowledged before me this day
of , 19 83, by Jules S. Minker, President and
Secretary of Contemporary Community Concepts Corporation.
Notary Publ ic,
State of Florida at Large
(SEAL)
My Commission Expires:
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."
.....,.. ...... .~
PALM BEACH COUNTY AREA, FLORIDA
37
Included in mapping are Pompano, Holopaw, and
Riviera soils in areas that were originally depressions.
These soils have about 20 inches of fill material on the
surface. The fill""material is dominantly sand and vary-
ing amounts of limestone, marl, and shell fragments
ranging from sand size up to about 3 inches in dia-
meter. The percentage of Riviera sand and urban areas
varies.
All areas of this complex are drained and depth to
the water table depends on the degree of management.
Except for brief periods following heavy rain when the
water table may be at a depth of less than 10 inches,
it is always at a greater depth than that described for
natural, undrained areas of Riviera soils.
Present land use precludes the use of this complex
for farming. Not placed in a capability unit.
Sanihel Series (SA)
The Sanibel series consists of nearly level, very
poorly drained, sandy soils that have a thin organic
layer on the surface. These soils are in depressions,
poorly defined drainageways, and on broad, low flats
that are transitional to organic soils. They formed in
thick beds of marine sand beneath a thin mantle of
organic material that accumulated during conditions
of a high water table. Under natural conditions, the
water table is within 10 inches of the surface for 6 to
12 months during most years. Water covers the surface
for 2 to 6 months during wet periods.
In a representative pedon a layer of black muck
(sapric material) about 12 inches thick is at the sur-
face. Below this the surface layer in the upper 3 inches
is black sand and in the lower 3 inches is mixed black,
very dark gray, and dark grayish brown sand. The
next layer is gray sand about 14 inches thick. Below
this is light brownish gray sand that extends to a
depth of 60 inches or more.
Permeability is rapid. The available water capacity
is very high in the organic surface layer and low in
the sandy layers. The organic-matter content is high,
and natural fertility is medium.
Representative pedon of Sanibel muck, about 0.6
mile east of Military Trail and 0.3 mile north of Clint
Moore Road, NW1/4SE1/4 sec. 36, T. 46 S., R. 42 E.
Oa-12 to 0 inches; black (N 2/0) muck (sapric material) ;
moderate coarse subangular blocky structure,
crushes to moderate fine and medium granular
structure; friable; thin waxy coatings on primary
ped faces; few uncoated sand grains and small
pockets of light gray sand; many fine roots;
slig-hUy acid; abrupt smooth boundary.
All-O to 3 inr.h~R; hlack (N 2/0) Hanel; wC'ak fillC' allcl
ml.'(lium granular structure; friable; many line
roots; most sand g-rains w~11 coat.~d with org-:lI1i..
muth'r, IIIUIlY II 11"011 t... I HlIlId gTllillH; f..\\, :-;t ....111".
and small pockets of gray sand; slightly acid; clear
wavy boundary.
A12-3 to G inrhl'Hj mix~(l hlaC'k (N 2/0), very dark g'J':lV
(10YR 3/1), and dark grayish brown (10YR '1/:!)
sand; weak fine granular structure; very friable;
many fine and medium roots; slightly acid; clear
wavy boundary.
Cl-6 to 20 inches; gray (10YR 6/1) sand; single grained;
loose; common fine anci medium roots; common
black and very dark gray streaks in old root chan-
nels; slightly acid; gradual wavy boundary.
C2-20 to 60 inches; light brownish gray (10YR 6/2) sand;
common fine faint brown (10YR 4/3) mottles;
single grained; loose; few old roots and dark
stained old root channels in upper part; slightly
acid.
Reaction ranges from strongly acid to neutral throughout.
The Oa horizon is black (10YR 2/1; N 2/0; 5YR 2/1) ; dark
reddish brown (5YR 2/2,3/2,3/4), very dark brown (10YR
2/2), or dark brown (7.5YR 3/2). It has a mineral content
ranging from 20 to 60 percent. This horizon is 8 to 16 inches
thick.
Combined thickness of the A and C horizons is more than
60 inches. The A horizon is black (10YR 2/1; N 2/0), very
dark gray (10YR 3/1; N 3/0), dark gray (10YR 4/1), or
dark grayish brown (10YR 4/2). It is 2 to 8 inches thick.
Some pedons have no A horizon, or the A horizon is a thin
transitional horizon of mixed muck and sand at the bottom
of the Oa horizon,
The C horizon is gray (10YR 5/1, 6/1), grayish brown
(10YR 5/2), light brownish gray (10YR 6/2), light gray
(lOYR 7/1, 7/2), or white (10YR 8/1, 8/2). It has few to
common mottles in shades of gray, brown, and yellow.
Sanibel soils are associated with Okeelanta, AncIote,
Placid, Basinger, Pompano, Immokalee, Holopaw, and
Tequesta soils. They are mineral in origin rather than
organic, as are Okeelanta soils. Unlike Anclote, Placid,
Basinger, Pompano, Immokalee, and Holopaw soils, Sanibel
soils have an Oa surface horizon 8 to 16 inches thick. They
lack the Btg&A horizon of Tequesta soils.
Sa-Sanihel muck. This is a nearly level, very poorly
drained, deep, sandy soil that has a thin organic layer
on the surface. This soil is in depressions, drainage-
ways, and broad flats that are transitional to the
organic soils in the Everglades area. It has the pedon
described as representative of the Reries. Under natural
conditions, the water table is within 10 inches of the
surface for 6 to 12 months in most years. Water covers
the surface 2 to 6 months during wet periods.
Included with this soil in mapping are small areas
of Okeelanta, Pl~cid. Anclote, Holopaw, and Tequesta
soils; small areas of soils that have a black or very
dark gray sandy surface layer more than 8 inches
thick; and areas of soils that have a dark, organic
stained subsurface layer.
The natural vegetation is sawgrass, maidencane. cy-
press, southern bayberry, pickerelweed, ferns, sedges,
and several water-tolerant grasses. Most areas are in
natural vegetation, but some large areas are in im-
proved pasture.
Unless drained, this soil is not suited to cultivated
crops. If a water control system is installed, this soil
is well suited to vegetables. If outlets are available,
simple water control systems remove excess water in
wet periods and provide subsurface irrigation in dry
periooR. Drainag-e is usually not feasible in isolated
small areas that have no natural outlet. In some areas,
(likes are necded to he'll Ollt. ",atpl' from adjacent
areas. Fertilizer and lime should be applied according
III fh~ (TOP 1l(,C'cls.
This soil is poorly suiterl to citrus, but intensive
water control ann hig-h-Ievel manag-ement help citrus
g'I'OW slw('pssflllJy.
If drainage and water control are adequate, this soil
is well suited to high-quality pasture of improved
grasses and clover. Adequate application of fertilizer
and lime according- to plant needs and control of g-raz-
ing are needed to maintain healthy plant growth. Capa-
bility unit IIIw-10.
12
SOIL SURVEY
A-O to 4 inches; dark gray (10YR 4/1) and dark gray-
ish brown (10YR 4/2) sand; common coarse
pockets of very dark gray (10YR 3/1), very dark
grayish brown (10YR 3/2), light brownish gray
(10YR 6/2), and light gray (10YR 7/1); weak
fine granular structure; very friable; many fine
roots; slightly aeid; clear wavy boundary.
Cl-4 to 24. inches; brown (7.5YR 5/4) sand; few fine dis-
tinct yellowish red (5YR 4/6) mottles; weak fine
granular structure; very friable; common pockets
of strong brown (7.5YR 5/6); few black (N 2/0)
and dark reddish brown (5YR 3/2) firm fragments
1.4 to 1 inch in diameter from a Bh horizon; many
fine and medium roots; medium acid; clear wavy
boundary.
C2-24 to 80 inches; light gray (10YR 7/2) sand; single
grained; loose; coarse mottles of grayish brown
(10YR 5/2) and few pockets of strong brown
(7.5YR 5/6) sand; common fine and medium roots;
medium acid; clear wavy boundary.
C3-30 to 37 inches; dark gray (10YR 4/1) sand; weak fine
granular structure; very friable; many uncoated
sand grains; few fine and coarse roots; strongly
acid; clear wavy boundary.
C4-37 to 60 inches; light gray (N 7/0) sand; single
grained; loose; common dark gray (10YR 4/1) and
very dark gray (10YR 3/1) vertical streaks in old
root channels; medium acid.
Texture is dominantly sand or fine sand. There are pockets
or thin layers of loamy sand, loamy fine sand, or sandy loam
in places. A Bh horizon in fill areas is below a depth of 40
inches. A Bt horizon in fill areas is usually at a depth of
more than 50 inches. Many pedons have fragments of a
Bh horizon. Some pedons have less than 5 percent shell frag-
ments in some or all layers. Soil color is highly variable,
but it is dominantly shades of gray. Highly contrasting
colors can occur in any layer. Most pedons do not have rock
fragments} but some do. Some pedons have layers of calcare-
ous materIals. Reaction ranges from strongly acid to moder-
ately alkaline.
Present land use generally precludes use of this complex
for farming. Not placed in a capability unit.
AX-Arents.Urban land complex, organic sub-
stratum. This complex consists of nearly level, some-
what poorly drained, sandy soils and Urban land over-
lying organic soils. The areas were formerly organic
marshes and swamps that were filled for urban use.
This complex is primarily in the vicinity of Lake Man-
gonia and Clear Lake in the Palm Springs area, but it
is also in a few places along the Intracoastal Waterway.
No one pedon represents this mapping unit, but one
of the more common ones has variable layers of light
gray, white, pale brown, and light yellowish brown
sand in the upper 29 inches. Below that there is a 10-
inch discontinuous layer of very pale brown and pale
brown sand that has thin lenses of light gray and white
sand, pockets of black sand, and fragments of dark
colored, weakly cemented sand. Between depths of 39
and 72 inches are stratified layers of black and dark
reddish brown muck. Gray sand extends to a depth of
80 inches.
This complex is about 50 to 75 percent Arents and
25 to 50 percent Urban land. Arents consist of lawns,
vacant lots, undeveloped areas, and other open land.
Urban land consists of areas covered by streets, side-
walks, driveways, houses, and other structures. The
percentage of Arents and Urban land varies.
Included with this complex in mapping are areas of
soils that do not have an organic substratum and small
areas of soils along the Intracoastal Waterway that
have a layer of soft marl between the sandy sUl'face
'"
layer and the organic substratum. In a few small are:
the organic material begins at a depth of 50 inches.
Permeability is rapid. The available water capaci1
is low or very low in the sand layers and very high :
the organic layers. The organic-matter content ar
natural fertility are low. The underlying organic mat
rial has a low bearing strength, and onsite investigatic
of the depth and thickness of this layer should be ma(
prior to any construction.
Reference pedon of Arents, organic substratur
about 0.7 mile west of Australian Avenue and o.~
mile north of North Shore High School, SWl/4SW1j
sec. 5, T. 43 S., R. 43 E.
1-0 to 29 inches; variable layers of light gray (IOYR 7/2
white (10YR 8/2), pale brown (10YR 6/3), al
light yellowish brown (10YR 6/4) sand; sing
grained; loose; irregular and discontinuous laye
1 to 8 inches thick; few firm black (10YR 2/1
dark brown (10YR 3/3), and dark reddish brov
(5YR 3/2) iron concretions % to 1 % inches thicl
few fine and medium roots; neutral; abrupt wa'
boundary.
2-2(J to 39 inches; very pale brown (10YR 7/3) and pa
brown (10YR 6/8) stratified discontinuous laye
of sand with black splotches; few thin lenses
light gray (10YR 7/2) and white (10YR 8/2
single grained; loose; few to common dark colorl
iron concretions; medium acid; abrupt wa,
boundary.
Oa-39 to 72 inches; black (5YR 2/1) and dark reddii
brown (5YR 2/2) muck in thin stratified layer
black lenses estimated 35 percent fiber unrubbe
less than 10 percent rubbed; lenses 1 to 4 inch
thick; strongly acid; clear wavy boundary.
IIC-72 to 80 inches; g-ray (10YR 5/1) sand; single graine(
loose; neutral.
Texture of the mineral layers is sand or fine sand. Tl
surface layer is sandy and usually light colored, but col,
and stratification vary widely because of material reworkin
Much of this material was dredged from adjacent \Vat
areas. Thickness of the mineral material over organ
material. ranges from 24 to 40 inches. Reaction ranges fro
strongly acid to neutral. Some pedons have shell fragmen1
and most pedons have fragments of a Bh horizon that a
1,4 to 2 inches in diameter.
The Oa horizon is usually sapric, but in some pedons
contains hemic lenses or pockets. It is black (N 2/0; 10"Y
2/1; 5YR 2/1), dark reddish brown (5YR 2/2, 3/2, 3/3
dark brown (7.5YR 3/2), or very dark brown (10YR 2/2
It is 10 to 36 inches thick and is strongly acid to neutral.
The lIC horizon is sand or tine sand. In some places
has shell fragments. It is very dark gray (10YR 3/1; N 3/C
dark gray (lOYR 4/1; N 4/0), gray (10YR 5/1; N 5/0),
light gray (10YR 6/1, 7/1, 7/2; N 6/0, 7/0) and is medit:
acid to neutral.
Most areas of this complex have been developed for urb
use. Not placed in a capability unit.
Basinger Series (SA)
The Basinger series consists of nearly level, poor
drained, sandy soils in broad, low sloughs and depn
sions in the eastern part of the survey area. These so:
formed in thick beds of sandy marine sediments. Und
natural conditions, the water table is within 10 inch
of the surface for 2 to 6 months in most years aJ
within 10 to 30 inches for the rest of the year. DeprE
sions are covered with water for 3 to 9 months or mo
each year.
In a representative pedon the surface layer is gr.
fine sand about 4 inches thick. The subsurface layer
_J.JI....ill.:tiiii "..~, 11..~~jl<'~."."'i1,_~.,.....",,-.....
..
PALM BEACH COUNTY AREA, FLORIDA
13
the upper 21 inches is white fine sand, and in the lower
4 inches it is dark grayish brown fine sand. The subsoil
is dark reddish brown fine sand about 7 inches thick.
The substratum extends to a depth of 72 inches or
more and is pale brown fine sand.
Permeability is very rapid in all layers. The available
water capacity is very low or low. The organic-matter
content is very low, and natural fertility is low.
Representative pedon of Basinger fine sand, about
300 feet east of Australian Avenue and 0.3 mile north
of Belvedere Road, NEl/4SEl/4 sec. 29, T. 43 S., R.
43 E.
Ap-O to 4 inches; gray (10YR 6/1) fine sand; weak fine
granular structure; very friable; many fine roots;
very strongly acid; clear wavy boundary.
A2-4 to 25 inches; white (10YR 8/1) fine sand; common
very dark gray (10YR 3/1) streaks and few fine
black mottles in root channels, mostly in upper
part; single grained; loose; few fine and medium
roots; very strongly acid; clear smooth boundary.
A3-25 to 29 inches; dark grayish brown (10YR 4/2) fine
sand; many fine faint light gray mottles; single
grained; loose; many uncoated sand grains; few
black streaks in old root channels; very strongly
acid; clear wavy boundary.
Bh-29 to 36 inches; dark reddish brown (5YR 3/4) fine
sand; weak fine granular structure; very friable;
few fine and medium grayish brown (10YR 5/2),
light gray (10YR 6/1), and black (10YR 2/1)
streaks; few medium dark reddish brown (5YR
2/2) weakly cemented fragments; many uncoated
sand grains; very strongly acid; gradual wavy
boundary.
C-36 to 72 inches; pale brown (10YR 6/3) fine sand;
single grained; loose; common black streaks with
thin yellowish red outer rings in old root channels;
very strongly acid.
Reaction throughout the pedon ranges from very strongly
acid to mildly alkaline. The A horizon is 14 to 40 inches
thick. The Al horizon is black (N 2/0; 10YR 2/1), very
dark gray (10YR 3/1), dark gray (10YR 4/1), gray (10YR
5/1, 6/1), or light gray (10YR 7/1). The A2 horizon is
gray (lOYR 5/1, 6/1). light gray (10YR 7/1, 7/2), light
brownish gray (lOYR 6/2), or white (lOYR 8/1, 8/2). This
horizon in places has mottles in shades of brown and yellow.
The A3 horizon is dark grayish brown (lOYR 4/2), grayish
brown (10YR 5/2), brown (10YR 5/3), pale brown (10YR
6/3), or pinkish gray (7.5YR 6/2). It has many uncoated
sand grains. The A3 horizon is 4 to 20 inches thick. Some
pedons do not have an A3 horizon.
The Bh horizon is dark brown (10YR 3/3, 4/3; 7.5YR
4/4), brown (lOYR 5/3), pale brown (lOYR 6/3), or dark
reddish brown (5YR 3/4). It has few to common weakly
cemented, small to medium Bh horizon fragments of black
(10YR 2/1; 5YR 2/1), very dark brown (10YR 2/2), very
dark grayish brown (lOYR 3/2), dark brown (7.5YR 3/2),
or dark reddish brown (5YR 2/2, 3/3, 3/4). This horizon
has common to many uncoated grains, and in places it has
few to common mottles. It is 6 to 20 inches thick.
The C horizon is brown (lOYR 4/3, 5/3), pale brown
(lOYR 6/3), grayish brown (10YR 5/2). light brownish
gray (lOYR 6/2; 2.5Y 6/2), gray (10YR 6/1), or light gray
(10YR 7/1. 7/2).
Basinger soils are associated with Immokalee, Myakka,
pomello, Pompano, Anclote, Placid, and Sanibel soils. Unlike
the Myakka, Immokalee, and Pomello soils, they lack a Bh
horizon that is weakly cemented and well coated with or-
ganic matter. They have a poorly cleveloped Dh horizon,
which Pompano soils lack. Basinger soils lack the thick, dark
colored A horizon that Anclote and Placid soils have. They
have a mineral surface layer, and Sanibel soils have an
organic surface layer.
Ba-Basinger fine sand. This is a nearly level, poorly
drained, deep, sandy soil in broad grassy sloughs in the
eastern part of the county. This soil has the pedon de-
scribed as representative of the series. The water table
is within 10 inches of the surface for 2 to 6 months in
most years and within 10 to 30 inches for the rest of
the year.
Included with this soil in mapping are small areas of
Myakka, Immokalee, Pompano, Anclote, and Placid
soils. Also included are some areas where the soil has
a thin layer of organic material on 'the surface and a
few places where a loamy substratum is deep in the soil.
The natural vegetation is St. J ohnswort; slash pine,
southern bayberry, and scattered cypress; pineland
three-awn, blue maidencane, broomsedge bluestem, and
low panicum grasses. Most areas of this soil are in
native vegetation or improved pasture. A few areas are
used for vegetables. Some large areas that were once
cropped have been idle for years.
Unless drained, this soil is not suited to cultivated
crops. If drained and intensively managed, it is moder-
ately well suited to vegetables. Providing a weII-
designed, constructed, and maintained water control
system that maintains the level of the water table and
provides subsurface irrigation is a major concern of
management. Frequent applications of fertilizer and
lime are needed.
This soil is poorly suited to citrus. Because it is in
low-lying positions and normally has a high water
table, water control is difficult. A well-designed water
control system and bedding are needed if citrus is
planted, and frequent applications of fertilizer are
needed. Maintaining fertility is difficult because the soil
is sandy and low in natural fertility. During dry peri-
ods, irrigation is needed to insure good yields.
If intensively managed, this soil is well suited to im-
proved pasture of grass or grass and clover. Providing
a water control system that is less intensive but is
otherwise similar to that required for cultivated crops,
applying fertilizer and lime as needed, and carefully
controlling grazing are major management concerns.
Capability unit IVw-l.
Bc-Basinger-Urhan land complex. This complex
consists of Basinger fine sand and Urban land. About
50 to 70 percent of this complex is open land, such as
lawns and vacant lots. These areas are made up of
nearly level, poorly drained Basinger soils that have
been modified in most places by spreading about 15
inches of fill material on the original surface. The origi-
nal soil below the fill material is Basinger fine sand.
About 20 to 40 percent of the acreage is covered by
sidewalks, streets, driveways, buildings, and other
structures.
The rest of the complex is Pompano, Myakka, and
lmmokalee soils, which have about 15 inches of fill
material on the surface, and Basinger, Placid, and
Anclote soils in depressions, which have up to 20 inches
of fill material spread on the surface.
The percentage of urban areas and open land varies.
Where drainage has been improved, the water table
is at a greater depth than in undrained areas, except
for brief periods after heavy rains.
Present land use precludes the use of this complex
for farming. N at placed in a capability unit.
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EWIN'J A.ND SHIRLEY, 11\~.
land surveyors and planners
1,76" Lake ~.orth Road
.
~u.h ; 18
.
Lake Worth Florida .33461
.
(305) 968-0421
4 J
KL:\I \\. ,. \\I:\'G. I'LS'"
STFI'IIF'" I. SHIRLEY. I'LS
September 12, 1984
W.O. It84-91
LEGAL DESCRIPTION
A parcel of land in the Northeast quarter of Section 7, Township 45 South, Range 43
East, Palm Beach County, Flurida: ~aid parcel being specifically described as follows:
From the Northeast corner of said Section 7, bear North 890-40'-56" West
along the North line of said Section 7, a distance of 1577.84 feet to a
point on the East line of the West half of the East half of the Northwest
quarter of the Northeast quarter of said Section 7;
Thence, South 040-13'-29" West, along said East line, a distance of 108.25
feet to a point on a line 108.00 feet South of, as measured at right angles
to and parallel with the North line of said Section 7; said point being the
POINT OF BEGINNING;
Thence continue South 04 ~ --13' -29" West, along said East line, a
distance of 1224.46 fe~t to a point on the South line of the North-
west quarter of the No~theast quarter of said Section 7; I
Thence, North 890-44'-46" West, along said South line, a'distance
of 630.50 feet to a point on the West line of the East half of the
West half of the Northwest quarter of the Northeast quarter of said
Section 7;
Thence, North 040-11'-44" East, along said West line, a distance of
1225.12 feet to a point on a line 108.00 feet South of, as measured
at right angles to and parallel with the North li.ne of said Section 7;
Thence, South 890-40'-56" East, along said line, a distance of 631.08
feet to the POINT OF BEGINNING.
Subject to easements, reservations, restrictions and rights of way of record.
Containing: 17.695 Acres more or less
NOTE: For purposes of this description a bearing of North 890-40'-56" West was assumed
for the North line of said Section 7, and all other bearings are relative thereto.